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Case TitleCENTER FOR FOOD SAFETY v. FOOD & DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01541
Date Filed2013-10-07
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety requested information from the FDA about the zilpaterol, a beta-agonist drug that helps cattle gain weight in the weeks before slaughter. Although the Center was told by FDA that it was searching in various offices the organization had received no records before filing suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFOOD & DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-10-071COMPLAINT against FOOD & DRUG ADMINISTRATION (Fee Status:$400.00 Filing Fee Paid, Receipt No. 4616059805) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Solen, Donna) (Entered: 10/07/2013)
2013-10-07Case Assigned to Judge Amy Berman Jackson. (kb) (Entered: 10/08/2013)
2013-10-082Electronic Summons (1) Issued as to FOOD & DRUG ADMINISTRATION. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 10/08/2013)
2013-10-083REQUEST FOR SUMMONS TO ISSUE by CENTER FOR FOOD SAFETY filed by CENTER FOR FOOD SAFETY.(Solen, Donna) (Entered: 10/08/2013)
2013-10-084REQUEST FOR SUMMONS TO ISSUE by CENTER FOR FOOD SAFETY filed by CENTER FOR FOOD SAFETY.(Solen, Donna) (Entered: 10/08/2013)
2013-10-085ERRATA Regarding Complaint Correcting Plaintiff's Address by CENTER FOR FOOD SAFETY 1 Complaint filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Exhibit)(Solen, Donna) (Entered: 10/08/2013)
2013-10-086Corporate Disclosure Statement by CENTER FOR FOOD SAFETY. (Solen, Donna) (Entered: 10/08/2013)
2013-10-097ELECTRONIC SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Consent Form, # 3 Notice of Consent)(kb) (Entered: 10/09/2013)
2013-10-248NOTICE of Request for Amended Summons to Issue by CENTER FOR FOOD SAFETY (Solen, Donna) (Entered: 10/24/2013)
2013-10-249REQUEST FOR SUMMONS TO ISSUE (Amended) by CENTER FOR FOOD SAFETY re 2 Electronic Summons Issued filed by CENTER FOR FOOD SAFETY. Related document: 2 Electronic Summons Issued.(Solen, Donna) (Entered: 10/24/2013)
2013-10-2410REQUEST FOR SUMMONS TO ISSUE (Amended) by CENTER FOR FOOD SAFETY re 7 Electronic Summons Issued as to AUSA filed by CENTER FOR FOOD SAFETY. Related document: 7 Electronic Summons Issued as to AUSA.(Solen, Donna) (Entered: 10/24/2013)
2013-10-2411REQUEST FOR SUMMONS TO ISSUE (Amended) by CENTER FOR FOOD SAFETY re 7 Electronic Summons Issued as to AUSA filed by CENTER FOR FOOD SAFETY. Related document: 7 Electronic Summons Issued as to AUSA.(Solen, Donna) (Entered: 10/24/2013)
2013-10-2512ELECTRONIC (3) SUMMONS Issued as to FOOD & DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 10/25/2013)
2013-10-3113RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/28/2013. Answer due for ALL FEDERAL DEFENDANTS by 11/27/2013. (Solen, Donna) (Entered: 10/31/2013)
2013-10-3114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General October 28, 2013. (Solen, Donna) (Entered: 10/31/2013)
2013-11-1215AFFIDAVIT of Summons and Complaint Executed. FOOD & DRUG ADMINISTRATION served on 11/8/2013 (Solen, Donna) Modified on 11/13/2013 to correct docket event (jf, ). (Entered: 11/12/2013)
2013-11-1316MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paige M. Tomaselli, :Firm- Center for Food Safety, :Address- 303 Sacramento St., 2nd Floor, San Francisco, CA 94111. Phone No. - (415) 826-2770. Fax No. - (415) 826-0507 by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Solen, Donna) (Entered: 11/13/2013)
2013-11-1317MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cristina R. Stella, :Firm- Center for Food Safety, :Address- 303 Sacramento St., 2nd Floor, San Francisco, CA 94111. Phone No. - (415) 826-2770. Fax No. - (415) 826-0507 by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Solen, Donna) (Entered: 11/13/2013)
2013-11-14MINUTE ORDER granting 16 Motion for Leave of Paige M. Tomaselli to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 11/14/13. (DMK) (Entered: 11/14/2013)
2013-11-14MINUTE ORDER granting 17 Motion for Leave of Cristina R. Stella to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 11/14/13. (DMK) (Entered: 11/14/2013)
2013-11-1518RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Solen, Donna) (Entered: 11/15/2013)
2013-11-2119Consent MOTION for Extension of Time to Respond to Complaint by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 11/21/2013)
2013-11-22MINUTE ORDER granting 19 Consent Motion for Extension of Time to Respond to the Complaint. It is ORDERED that defendant's answer or other responsive pleading is now due on or before February 24, 2014. Signed by Judge Amy Berman Jackson on 11/22/2013. (lcabj1) (Entered: 11/22/2013)
2013-11-22Set/Reset Deadlines: Defendant's answer or otherwise response to the complaint is now due by 2/24/2014. (jth) (Entered: 11/22/2013)
2014-02-1920Consent MOTION for Extension of Time to Respond to Complaint by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 02/19/2014)
2014-02-20MINUTE ORDER granting 20 Consent Motion for Extension of Time to Respond to Complaint. It is ORDERED that defendant's response to plaintiff's complaint is now due on or before May 27, 2014. Signed by Judge Amy Berman Jackson on 2/20/2014. (lcabj1) (Entered: 02/20/2014)
2014-02-20Set/Reset Deadlines: Defendant's answer or otherwise response to the complaint is now due by 5/27/2014. (jth) (Entered: 02/20/2014)
2014-05-2121Consent MOTION for Extension of Time to Respond to Complaint by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 05/21/2014)
2014-05-22MINUTE ORDER granting 21 Consent Motion for Extension of Time to Respond to Complaint. In light of the consent motion filed by defendant, it is ORDERED that defendant's answer or other responsive pleading is now due on or before August 25, 2014. Signed by Judge Amy Berman Jackson on 5/22/2014. (lcabj1) (Entered: 05/22/2014)
2014-05-23Set/Reset Deadlines: Defendant's Answer or otherwise Response to the complaint is now due by 8/25/2014. (jth) (Entered: 05/23/2014)
2014-08-1322Consent MOTION for Extension of Time to Respond to Complaint by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 08/13/2014)
2014-08-13MINUTE ORDER granting 22 Consent Motion for Extension of Time to Respond to Complaint. It is ORDERED that defendant's response to the complaint is now due on or before November 24, 2014. Signed by Judge Amy Berman Jackson on 8/13/2014. (lcabj1) (Entered: 08/13/2014)
2014-08-14Set/Reset Deadlines: Defendant's Response to the Complaint is now due by 11/24/2014. (jth) (Entered: 08/14/2014)
2014-11-1923Consent MOTION for Extension of Time to Respond to Complaint by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 11/19/2014)
2014-11-20Case randomly reassigned to Judge Randolph D. Moss. Judge Amy Berman Jackson no longer assigned to the case. (gt, ) (Entered: 11/20/2014)
2014-11-21MINUTE ORDER granting 23 Motion for Extension of Time to Respond to Complaint. It is FURTHER ORDERED that defendant's response to the complaint is due on or before April 28, 2015. Signed by Judge Amy Berman Jackson on 11/21/2014.(lcabj2) (Entered: 11/21/2014)
2014-11-24Set/Reset Deadlines: Defendant's Response to the Complaint is now due by 4/28/2015. (jth) (Entered: 11/24/2014)
2015-01-1424NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of FOOD & DRUG ADMINISTRATION Substituting for attorney Peter C. Pfaffenroth (Seabrook, April) (Entered: 01/14/2015)
2015-04-2825Consent MOTION for Extension of Time to File Answer re 1 Complaint by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 04/28/2015)
2015-04-29MINUTE ORDER: Upon consideration of Defendant's consent motion for an extension of time to respond to the complaint 25 , it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to the complaint on or before September 15, 2015. It is further ORDERED that on or before September 15, 2015, the parties shall jointly file a report indicating (1) how many pages of material the agency has produced, (2) how many additional pages, if any, remain to be produced, (3) how much time will be required to complete the production, (4) whether the parties anticipate that any disputes will require resolution by the Court, and (5) if so, the nature of those anticipated disputes. Signed by Judge Randolph D. Moss on 4/29/2015. (lcrdm2, ) (Entered: 04/29/2015)
2015-04-30Set/Reset Deadlines: Defendant shall respond to the complaint on or before 9/15/2015; On or before 9/15/2015, the parties shall jointly file a report indicating (1) how many pages of material the agency has produced, (2) how many additional pages, if any, remain to be produced, (3) how much time will be required to complete the production, (4) whether the parties anticipate that any disputes will require resolution by the Court, and (5) if so, the nature of those anticipated disputes. (kt) (Entered: 04/30/2015)
2015-05-0726NOTICE of Appearance by Peter T. Jenkins on behalf of CENTER FOR FOOD SAFETY (Jenkins, Peter) (Entered: 05/07/2015)
2015-05-0727NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR FOOD SAFETY. Attorney Donna F. Solen terminated. (Solen, Donna) (Entered: 05/07/2015)
2015-09-1428Consent MOTION for Extension of Time to File Answer re 1 Complaint, Order on Motion for Extension of Time to Answer,,, AND Joint Status Report by FOOD & DRUG ADMINISTRATION (Seabrook, April) (Entered: 09/14/2015)
2015-09-1429Joint STATUS REPORT by FOOD & DRUG ADMINISTRATION. (See Docket Entry 28 to view document) (jf) (Entered: 09/15/2015)
2015-10-05MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time to File Answer 28 , and upon consideration of the parties' Joint Status Report 29 , it is hereby ORDERED that Defendants motion is GRANTED. The parties shall file a joint status report on or before January 31, 2016, and will file a joint status report every four months thereafter until production is complete. The parties shall file their final joint status report on or before November 30, 2017, at which time the parties will update the Court on the status of the case, identify any remaining disputes, and propose a briefing schedule if necessary. Defendant shall respond to Plaintiff's complaint on or before November 30, 2017. The case is STAYED in all other respects until November 30, 2017. Signed by Judge Randolph D. Moss on October 5, 2015. (lcrdm1, ) Modified on 10/6/2015, to correct the year on the first joint status report date (kt). (Entered: 10/05/2015)
2015-10-06Set/Reset Deadlines: The parties shall file a joint status report on or before 1/31/2016; The parties shall file their final joint status report on or before 11/30/2017; Defendant shall respond to Plaintiff's complaint on or before 11/30/2017. (kt) (Entered: 10/06/2015)
2015-10-06Case Stayed until 11/30/2017. (kt) (Entered: 10/06/2015)
2016-01-2930Joint STATUS REPORT by FOOD & DRUG ADMINISTRATION. (Seabrook, April) (Entered: 01/29/2016)
2016-05-3131Joint STATUS REPORT by FOOD & DRUG ADMINISTRATION. (Seabrook, April) (Entered: 05/31/2016)
2016-09-3032NOTICE OF SUBSTITUTION OF COUNSEL by Marina Utgoff Braswell on behalf of FOOD & DRUG ADMINISTRATION Substituting for attorney April Denise Seabrook (Braswell, Marina) (Entered: 09/30/2016)
2016-09-3033Joint STATUS REPORT by FOOD & DRUG ADMINISTRATION. (Braswell, Marina) (Entered: 09/30/2016)
2017-01-3034Joint STATUS REPORT by FOOD & DRUG ADMINISTRATION. (Braswell, Marina) (Entered: 01/30/2017)
2017-05-3035Joint STATUS REPORT by FOOD & DRUG ADMINISTRATION. (Braswell, Marina) (Entered: 05/30/2017)
2017-08-3136NOTICE of Withdrawal of Appearance for Cristina R. Stella by CENTER FOR FOOD SAFETY (Stella, Cristina) Modified event title on 9/1/2017 (znmw). (Entered: 08/31/2017)
2017-09-2937Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Tomaselli, Paige) (Entered: 09/29/2017)
2017-11-3038ANSWER to Complaint by FOOD & DRUG ADMINISTRATION.(Braswell, Marina) (Entered: 11/30/2017)
2017-11-3039Joint STATUS REPORT by FOOD & DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 11/30/2017)
2017-11-3040Consent MOTION for Extension of Time to Extend Litigation Stay by FOOD & DRUG ADMINISTRATION (Braswell, Marina) (Entered: 11/30/2017)
2017-12-04MINUTE ORDER: Upon Consideration of the Consent Motion to Extend Litigation Stay 40 , it is hereby ORDERED that the motion is GRANTED. It is hereby ORDERED that the stay in this case is extended up to and including February 28, 2019. It is further ORDERED that the parties shall continue to file joint status reports every four months, and the next joint status report shall be filed on or before January 30, 2018. Signed by Judge Randolph D. Moss on 12/4/2017. (lcrdm1, ) (Entered: 12/04/2017)
2017-12-04Set/Reset Deadlines: Joint Status Report due by 1/30/2018. (kt) (Entered: 12/04/2017)
2017-12-04Case Stayed until 2/28/2019. (kt) (Entered: 12/04/2017)
2018-01-1141NOTICE of Appearance by Sylvia Shih-Yau Wu on behalf of CENTER FOR FOOD SAFETY (Wu, Sylvia) (Entered: 01/11/2018)
2018-01-1142NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR FOOD SAFETY. Attorney Peter T. Jenkins terminated. (Jenkins, Peter) (Entered: 01/11/2018)
2018-01-1943Joint STATUS REPORT by FOOD & DRUG ADMINISTRATION. (Braswell, Marina) (Entered: 01/19/2018)
2018-05-3044Joint STATUS REPORT by FOOD & DRUG ADMINISTRATION. (Braswell, Marina) (Entered: 05/30/2018)
2018-06-0445NOTICE of Appearance by George A. Kimbrell on behalf of CENTER FOR FOOD SAFETY (Kimbrell, George) (Entered: 06/04/2018)
2018-06-0546MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kellan Smith, :Firm- Center for Food Safety, :Address- 303 Sacramento St., 2nd Floor, San Francisco, CA 94111. Phone No. - 415-826-2770. Fax No. - 415-826-0507 Filing fee $ 100, receipt number 0090-5518444. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kimbrell, George) (Entered: 06/05/2018)
2018-06-07MINUTE ORDER: Upon consideration of the Motion for Admission of Attorney Pro Hac Vice 46 , it is hereby ORDERED that the motion is GRANTED. Kellan Smith is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/7/2018. (lcrdm1, ) (Entered: 06/07/2018)
2018-06-0747NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR FOOD SAFETY. Attorney Paige M. Tomaselli terminated. (Tomaselli, Paige) (Entered: 06/07/2018)
2018-06-0748NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR FOOD SAFETY. Attorney Sylvia Shih-Yau Wu terminated. (Wu, Sylvia) (Entered: 06/07/2018)
2018-09-1949Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Smith, Kellan) (Entered: 09/19/2018)
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by FOIA Project Staff
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