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Case TitleHenson v. Department of Health and Human Services et al
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2014cv00908
Date Filed2014-08-19
Date Closed2017-03-23
JudgeJudge David R. Herndon
PlaintiffJ. Donald Henson, Sr.
Case DescriptionDonald Henson, a former FDA field investigator, made numerous requests to the FDA for records concerning an insulin pump manufactured by Meditronic MiniMed that Henson believed had serious deficiencies. After reviewing the agency's public files on the device, Henson ended up with 17 FOIA requests for information concerning the pre-market approval application for the device. Although he had submitted the requests individually and considered them separate requests, the agency apparently aggregated many of them for appeals purposes. Henson eventually received 7,000 pages of a possible 178,000 pages. He requested help from the agency's Public Liaison, but was unsatisfied with the response that his requests were still being processed. He then filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDepartment of Health and Human Services a government entity
also known as HHS
DefendantFood & Drug Administration a government entity
also known as FDA
DefendantFederick J. Sadler CIPP/G Director, FDA-DFOI & Public Liason
DefendantFederick J. Sadler CIPP/G Director, FDA-DFOI & Public Liason
TERMINATED: 04/13/2015
DefendantSarah Kotler JD Associate Director, FDA-DFOI & FDA, Denial & Appeals Officer
DefendantSarah Kotler JD Associate Director, FDA-DFOI & FDA, Denial & Appeals Officer
TERMINATED: 04/13/2015
DefendantCarol Maloney Director, HHS Program Support Center; added by Amended Complaint filed 9/02/14
DefendantCarol Maloney Director, HHS Program Support Center; added by Amended Complaint filed 9/02/14
TERMINATED: 12/05/2014
AppealSeventh Circuit 17-1750
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [10]
Opinion/Order [33]
Opinion/Order [51]
FOIA Project Annotation: The court dismissed two named FOIA officers at FDA from the case after finding that individual agency employees were not subject to suit under FOIA.
Issues: Litigation - Jurisdiction - Proper Party
Opinion/Order [63]
Opinion/Order [88]
Opinion/Order [96]
Opinion/Order [109]
Opinion/Order [112]
FOIA Project Annotation: A federal court in Illinois has ruled that the FDA properly responded to multiple requests from retired FDA employee Donald Henson for records concerning a premarketing application for a specific medical device. Henson alleged that he had submitted 46 FOIA requests and that the FDA had only fully responded to one. However, the FDA considered only 18 of Henson's letters to be FOIA requests and that many of his multiple communications overlapped with existing his requests and were consolidated. The agency concluded that other communications asking supplemental questions did not qualify as FOIA requests. Reviewing the record, the court agreed with the FDA that it had accounted for all the records in a Vaughn index and had properly redacted information under Exemption 4 (confidential business information), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The court noted that "it is important to note that no documents were fully withheld from Plaintiff Henson; all redactions were accounted for in the Vaughn indices and included an explanation for said redactions. Thus, the Court finds that FDA reasonably conducted a search based upon Henson's FOIA requests and the agency produced all relevant documents. As to the necessary redactions, the Court finds that FDA had a legitimate reason for withholding certain information based on the FOIA exemptions."
Issues: Request - Specificity, Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-08-191COMPLAINT against All Defendants, filed by J. Donald Henson, Sr. (Attachments: # 1 Exhibits Part 1, # 2 Exhibits Part 2)(lmb) (Entered: 08/20/2014)
2014-08-192NOTICE of Appearance by J. Donald Henson, Sr (lmb) (Entered: 08/20/2014)
2014-08-193MOTION for Service of Process at Government Expense by J. Donald Henson, Sr. (lmb) (Entered: 08/20/2014)
2014-08-194MOTION to Require Food & Drug Administration to Provide FOI-ID Tractable Numbers by J. Donald Henson, Sr. (lmb) (Entered: 08/20/2014)
2014-08-195MOTION to Require Food & Drug Administration to Provide FOI Determinations by J. Donald Henson, Sr. (lmb) (Entered: 08/20/2014)
2014-08-196MOTION to Require Food & Drug Administration to Provide Freedom of Information Act Advice by J. Donald Henson, Sr. (lmb) (Entered: 08/20/2014)
2014-08-197MOTION to Reverse Food & Drug Administration "Aggregation" Decision Under 21 CFR 20.42 by J. Donald Henson, Sr. (lmb) (Entered: 08/20/2014)
2014-08-198MOTION to Compel Production of Requested Records by J. Donald Henson, Sr. (lmb) (Entered: 08/20/2014)
2014-08-199MOTION to Compel Preparation of a Vaughn Index by J. Donald Henson, Sr. (lmb) (Entered: 08/20/2014)
2014-08-19Filing fee: $ 400.00, receipt number 34625050717 (myz) (Entered: 09/03/2014)
2014-09-0210ORDER DENYING WITHOUT PREJUDICE 3 4 5 6 7 8 and 9 . Signed by Magistrate Judge Donald G. Wilkerson on 9/2/14. (sgp) (Entered: 09/02/2014)
2014-09-0211AMENDED COMPLAINT against Department of Health and Human Services, Food & Drug Administration, Sarah Kotler, Federick J. Sadler, Carol Maloneyfiled by J. Donald Henson, Sr. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, part 1, # 9 Exhibit 7, part 2, # 10 Exhibit 8, part 1, # 11 Exhibit 8, part 2, # 12 Exhibit 8, part 3, # 13 Exhibit 8, part 4, # 14 Exhibit 8, part 5, # 15 Exhibit 8, part 6, # 16 Exhibit 8, part 7, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11, # 20 Exhibit 12)(myz) (Entered: 09/03/2014)
2014-09-0212NOTICE of Appearance by J. Donald Henson, Sr (myz) (Entered: 09/03/2014)
2014-09-0213MOTION for service of process at government expense by J. Donald Henson, Sr. (myz) (Entered: 09/03/2014)
2014-09-0214MOTION to require Food & Drug Administration to provide FOI-ID tractable numbers by J. Donald Henson, Sr. (myz) (Entered: 09/03/2014)
2014-09-0215MOTION to require Food & Drug Administration to provide FOI Determinations by J. Donald Henson, Sr. (myz) (Entered: 09/03/2014)
2014-09-0216MOTION to require Food & Drug Administration to provide Freedom of Information Act advice by J. Donald Henson, Sr. (myz ) (Entered: 09/03/2014)
2014-09-0217MOTION to reverse Food & Drug Administration "Aggregation" decision under 21 CFR 20.42 by J. Donald Henson, Sr. (myz) (Entered: 09/03/2014)
2014-09-0218MOTION to Compel Production of Requested Records by J. Donald Henson, Sr. (myz) (Entered: 09/03/2014)
2014-09-0219MOTION to Compel Preparation of a Vaughn Index by J. Donald Henson, Sr. (myz) (Entered: 09/03/2014)
2014-09-0220MOTION to Compel Production of Requested Records directed to defendant Carol Maloney by J. Donald Henson, Sr. (myz) (Entered: 09/03/2014)
2014-09-0221CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (myz) (Entered: 09/03/2014)
2014-09-0322ORDER DENYING WITHOUT PREJUDICE 13 14 15 16 17 18 19 and 20 for the reasons set forth in this Court's previous Order 10 . Signed by Magistrate Judge Donald G. Wilkerson on 9/3/14. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/03/2014)
2014-09-1223ORDER re Letter to Chambers. Signed by Magistrate Judge Donald G. Wilkerson on 9/12/14. (sgp) (Entered: 09/12/2014)
2014-09-1224Letter from Plaintiff Henson. (anm) (Entered: 09/12/2014)
2014-10-0325Summons Issued as to Food & Drug Administration, Sarah Kotler, Carol Maloney, Federick J. Sadler. (cjo) (Entered: 10/03/2014)
2014-10-0326Summons Issued as to Department of Health and Human Services. (cjo) (Entered: 10/03/2014)
2014-10-2327MOTION for Reconsideration re 22 Order on Motion for Service of Processe at Government Expense by J. Donald Henson, Sr. (jlrr ) (Entered: 10/23/2014)
2014-11-1328MOTION for Instruction from the Court by J. Donald Henson, Sr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(mar) (Entered: 11/13/2014)
2014-11-1329SUMMONS Returned Executed by J. Donald Henson, Sr. Sarah Kotler served on 10/22/2014, answer due 11/12/2014. (mar) (Entered: 11/13/2014)
2014-11-1330Summons Returned Unexecuted by J. Donald Henson, Sr as to Carol Maloney. (mar) (Entered: 11/13/2014)
2014-11-1331SUMMONS Returned Executed by J. Donald Henson, Sr. Federick J. Sadler served on 10/22/2014, answer due 11/12/2014. (mar) (Entered: 11/13/2014)
2014-11-1332SUMMONS Returned Executed by J. Donald Henson, Sr. Food & Drug Administration served on 10/21/2014, answer due 11/12/2014. (mar) (Entered: 11/13/2014)
2014-11-2033ORDER DENYING 28 MOTION for Instruction from the Court filed by J. Donald Henson, Sr., DENYING 27 MOTION for Reconsideration re 22 Order on Motion for Miscellaneous Relief,Order on Motion to Compel filed by J. Donald Henson, Sr. Answer due deadlines VACATED. Signed by Magistrate Judge Donald G. Wilkerson on 11/20/14. (sgp) (Entered: 11/20/2014)
2014-12-0134MOTION to Withdraw (related document 11 Amended Complaint) filed by J. Donald Henson, Sr. (cjo) (Entered: 12/01/2014)
2014-12-0235NOTICE of Proof of Service by J. Donald Henson, Sr (jlrr ) (Entered: 12/02/2014)
2014-12-0536ORDER GRANTING 34 Motion to Withdraw (construed as Motion to Amend). The Clerk of Court is DIRECTED to refile the Complaint (Doc. 1 ) as the Second Amended Complaint. Signed by Magistrate Judge Donald G. Wilkerson on 12/5/14. (sgp) (Entered: 12/05/2014)
2014-12-0537NOTICE of Appearance by Adam E. Hanna on behalf of Department of Health and Human Services, Food & Drug Administration, Sarah Kotler, Federick J. Sadler (Hanna, Adam) (Entered: 12/05/2014)
2014-12-0538MOTION to Dismiss for Failure to State a Claim by Sarah Kotler, Federick J. Sadler. Responses due by 1/8/2015 (Hanna, Adam) (Entered: 12/05/2014)
2014-12-0539SECOND AMENDED COMPLAINT against All Defendants, filed by J. Donald Henson, Sr. (Attachments: # 1 Exhibits Part 1, # 2 Exhibits Part 2)(lmb) (Entered: 12/11/2014)
2014-12-1140RESPONSE in Opposition re 38 MOTION to Dismiss for Failure to State a Claim filed by J. Donald Henson, Sr. (trb) (Entered: 12/11/2014)
2015-01-0241Defendants' ANSWER to 39 Amended Complaint by Department of Health and Human Services, Food & Drug Administration. (Attachments: # 1 Exhibit 1 - Table of FOIA Requests and Responses)(Hanna, Adam) (Entered: 01/02/2015)
2015-01-1442CJRA TRACK A assigned: Bench Trial is set for the presumptive trial month of September 2015 in the East St. Louis Courthouse before Judge David R. Herndon.(car) (Entered: 01/14/2015)
2015-02-0243STRICKEN PER ORDER AT DOC. 51 - Motion for: Rule 36, Requests for Admission by J. Donald Henson, Sr. (Attachments: # 1 Request for Admission Part 2)(slh) Modified on 2/19/2015 (mar). (Entered: 02/02/2015)
2015-02-0244MOTION to Compel Production of a Vaughn Index by J. Donald Henson, Sr. (Attachments: # 1 Exhibit)(slh) (Entered: 02/02/2015)
2015-02-0245MOTION to Void Aggregation Determination by J. Donald Henson, Sr. (slh) (Entered: 02/02/2015)
2015-02-0646MOTION to Compel by J. Donald Henson, Sr. (mar) (Entered: 02/06/2015)
2015-02-1147RESPONSE in Opposition re 45 MOTION to Void Aggregation Determination filed by Department of Health and Human Services, Food & Drug Administration, Sarah Kotler, Federick J. Sadler. (Hanna, Adam) (Entered: 02/11/2015)
2015-02-1148RESPONSE in Opposition re 44 MOTION to Compel Production of Vaughn Index filed by Department of Health and Human Services, Food & Drug Administration, Sarah Kotler, Federick J. Sadler. (Hanna, Adam) (Entered: 02/11/2015)
2015-02-1149Emergency MOTION for Protective Order to Stay Discovery by Department of Health and Human Services, Food & Drug Administration, Sarah Kotler, Federick J. Sadler. (Hanna, Adam) (Entered: 02/11/2015)
2015-02-1750Plaintiff's Motion in Advance Opposition to Defendant's Motion for Summary Judgment by J. Donald Henson, Sr. (Attachments: # 1 Exhibit, # 2 Exhibit)(slh) (Entered: 02/17/2015)
2015-02-1851ORDER STRIKING 43 Requests to Admit filed by J. Donald Henson, Sr., DENYING WITHOUT PREJUDICE 44 MOTION to Compel filed by J. Donald Henson, Sr., DENYING WITHOUT PREJUDICE 45 MOTION to Void Aggregation Determination filed by J. Donald Henson, Sr., DENYING WITHOUT PREJUDICE 46 MOTION to Compel filed by J. Donald Henson, Sr., GRANTING 49 Emergency MOTION for Protective Order to Stay Discovery filed by Sarah Kotler, Food & Drug Administration, Department of Health and Human Services, Federick J. Sadler. Defendants' Motion for Summary Judgment due by 3/30/2015. Signed by Magistrate Judge Donald G. Wilkerson on 2/18/15. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/18/2015)
2015-02-1952RESPONSE in Opposition re 49 Emergency MOTION for Protective Order to Stay Discovery filed by J. Donald Henson, Sr. (Attachments: # 1 Attachment #1, # 2 Exhibit #1, # 3 Exhibit #2)(mar) (Entered: 02/19/2015)
2015-02-1953ORDER denying as premature 50 Plaintiff's Motion in Advance Opposition to Defendant's Motion for Summary Judgment. As of this date, no motion for summary judgment has been filed in this case. Plaintiff is directed to the Court's 2/18/15 Order 51 for procedures regarding responses to a summary judgment motion after said motion is filed. Signed by Judge David R. Herndon on 2/19/15. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/19/2015)
2015-02-2654NOTICE TO COUNSEL:Telephone Scheduling/Discovery Conference set for 4/1/2015 at 11:30 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. (jmp) (Entered: 02/26/2015)
2015-02-2655Plaintiff's Request for Court Order to Enjoin Defendant's From Withholding Agency Records by J. Donald Henson, Sr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 7, # 7 Exhibit 8)(slh) (Entered: 02/26/2015)
2015-02-2656Information for Case Record by J. Donald Henson, Sr (slh) (Entered: 02/26/2015)
2015-03-0257MOTION to Stay Scheduling and Discovery Conference by Department of Health and Human Services, Food & Drug Administration. (Hanna, Adam) (Entered: 03/02/2015)
2015-03-0358ORDER GRANTING 57 MOTION to Stay Scheduling and Discovery Conference filed by Food & Drug Administration, Department of Health and Human Services. As indicated in this Court's previous Order, no scheduling conference will be held; parties to follow briefing schedule outlined in Order 51 . Signed by Magistrate Judge Donald G. Wilkerson on 3/3/15. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/03/2015)
2015-03-0559RESPONSE to 55 Motion for Order, filed by Department of Health and Human Services, Food & Drug Administration, Sarah Kotler, Federick J. Sadler. (Hanna, Adam) (Entered: 03/05/2015)
2015-03-0960OBJECTION to 57 Motion to Stay by J. Donald Henson, Sr. (tkm ) (Entered: 03/09/2015)
2015-03-2761MOTION to Stay Proceedings by Department of Health and Human Services, Food & Drug Administration. (Attachments: # 1 Exhibit 1)(Hanna, Adam) (Entered: 03/27/2015)
2015-04-0262RESPONSE to Motion re 61 MOTION to Stay Proceedings filed by J. Donald Henson, Sr. (jaj) (Entered: 04/02/2015)
2015-04-1363ORDER granting 38 Motion to Dismiss for Failure to State a Claim. Defendants Frederick J. Sadler and Sarah Kotler are DISMISSED with prejudice. Signed by Judge David R. Herndon on 4/11/15. (lmp) (Entered: 04/13/2015)
2015-04-2264STRICKEN PURSUANT TO ORDER AT DOCUMENT 67 - RESPONSE to Motion re 61 MOTION to Stay Proceedings filed by J. Donald Henson, Sr. (Attachments: # 1 Exhibits to Part 1, # 2 Exhibits to Part 2)(mar) Modified on 5/15/2015 (anm). (Entered: 04/22/2015)
2015-04-3065ORDER DENYING 55 Motion for Order. Notwithstanding Plaintiff's titling of this Motion, it represents another attempt to secure discovery, to acquire the documents Plaintiff requested in his original FOIA requests, and/or an attempt to forego or seek reconsideration of the required briefing. Such requests are contrary to the schedule that has been imposed by the Court and contrary to the previous Orders of this Court. Currently pending is a motion to stay the briefing schedule so that Defendants can reassess Plaintiff's requests. Until that issue is resolved, no discovery will occur in this matter absent an Order by the District Court. Signed by Magistrate Judge Donald G. Wilkerson on 4/30/15. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/30/2015)
2015-05-1366ORDER STAYING CASE, granting 61 MOTION to Stay Proceedings filed by Food & Drug Administration, Department of Health and Human Services. All deadlines and orders are hereby stayed pending FDA's re-processing of plaintiff's FOIA requests. Signed by Judge David R. Herndon on 5/13/15. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/13/2015)
2015-05-1367ORDER re 64 Response to Motion filed by J. Donald Henson, Sr. As of this date, no motion for summary judgment has been filed. Plaintiff is once again directed to the Court's 2/18/15 51 Order and 02/19/2015 53 Order for procedures regarding responses to a summary judgment motion after said motion is filed. Accordingly, the Clerk of the Court is DIRECTED to STRIKE 64 Response to Motion. Signed by Judge David R. Herndon on 5/13/15. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/13/2015)
2015-05-2068NOTICE/Request for Courts Further Explanantion of Order in document by J. Donald Henson, Sr re 66 Order Staying Case, Terminate Motions (trb) (Entered: 05/20/2015)
2015-05-2169ORDER denying 68 NOTICE/Request for Courts Further Explanantion of Order. The 66 Order Staying Case contains language agreed to by the parties, in particular the specific language inquired about by Plaintiff. Signed by Judge David R. Herndon on 5/21/15. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/21/2015)
2015-06-0170RESPONSE to 69 Order, filed by J. Donald Henson, Sr. (jaj) (Entered: 06/01/2015)
2015-06-1771MOTION to Clarify Order (Plaintiff's Request for Court Explanation of Order) re Doc. 67 by J. Donald Henson, Sr. (car) (Entered: 06/17/2015)
2015-07-2172MOTION to Clarify (Plaintiff's Second Request for Court's Explanation) by J. Donald Henson, Sr. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(rah) (Entered: 07/21/2015)
2015-07-2473ORDER GRANTING IN PART 71 Motion to Clarify; GRANTING IN PART 72 Motion to Clarify. Signed by Magistrate Judge Donald G. Wilkerson on 7/24/15. (sgp) (Entered: 07/24/2015)
2015-07-2774NOTICE OF CANCELLATION of Hearing: Due to the STAY in this case, the Bench Trial is CANCELLED for the presumptive month of September and will be reset at a later time. (cekf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/27/2015)
2015-07-2875STRICKEN PURSUANT TO ORDER AT DOCUMENT 77 - MOTION to Clarify(Plaintiff's Third Request for Court's Explanation of Rulings in Documents 66 and 67) by J. Donald Henson, Sr. (rah) Modified on 8/3/2015 (anm). (Entered: 07/28/2015)
2015-07-2876Sealed Exhibits to Document 75. (rah) (Entered: 07/28/2015)
2015-08-0377ORDER STRIKING 75 Motion to Clarify. Signed by Magistrate Judge Donald G. Wilkerson on 8/3/15. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/03/2015)
2015-11-1678MOTION for Plaintiff's Notification by E-mail by J. Donald Henson, Sr. (jlrr) (Entered: 11/16/2015)
2015-11-3079RESPONSE to Motion re 61 MOTION to Stay Proceedings filed by J. Donald Henson, Sr. (jlrr ) (Entered: 12/01/2015)
2015-12-0180STATUS REPORT by Department of Health and Human Services, Food & Drug Administration. (Hanna, Adam) (Entered: 12/01/2015)
2016-02-0181NOTICE by Department of Health and Human Services, Food & Drug Administration of Defendant's Proposed Briefing Schedule (Hanna, Adam) (Entered: 02/01/2016)
2016-02-2482ORDER DENYING WITHOUT PREJUDICE 78 Motion: In order for Plaintiff to receive email notification of documents filed in this Court, he must first get a PACER account and then refile this motion in order to get a CM/ECF login and password. The Clerk of Court does not email documents filed in this matter -- rather documents are automatically emailed through CM/ECF. If Plaintiff does get a PACER account and then a CM/ECF login and password, he must then file all documents electronically. In order to get a PACER account, contact the PACER Service Center at 1-800-676-6856 or 1-210-013-6440 to establish an account. You may also register for PACER online at www.pacer.psc.uscourts.gov. Once Plaintiff has acquired a PACER account, he may refile this motion. Signed by Magistrate Judge Donald G. Wilkerson on 2/24/16. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/24/2016)
2016-03-0383RESPONSE to 81 Notice filed by J. Donald Henson, Sr. (jlrr) (Entered: 03/03/2016)
2016-04-2284NOTICE by Department of Health and Human Services, Food & Drug Administration of Amended Proposed Briefing Schedule (Hanna, Adam) (Entered: 04/22/2016)
2016-04-2585NOTICE OF ERRORS AND/OR DEFICIENCIES re 84 Notice (Other) filed by Food & Drug Administration, Department of Health and Human Services. See attached document for specifics. (anm) (Entered: 04/25/2016)
2016-04-2686OBJECTION to 84 Notice by J. Donald Henson, Sr. (jlrr) (Entered: 04/26/2016)
2016-04-2887ORDER LIFTING STAY: Bench Trial is set for the presumptive trial month of February 2017 in East St. Louis Courthouse before Judge David R. Herndon. Signed by Judge David R. Herndon on 4/28/16. (lmp) (Entered: 04/28/2016)
2016-04-2888ORDER Setting forth briefing schedule. Dispositive Motions due by 6/3/2016. Signed by Magistrate Judge Donald G. Wilkerson on 4/28/16. (sgp) (Entered: 04/28/2016)
2016-06-0389MOTION for Summary Judgment by Department of Health and Human Services, Food & Drug Administration. Responses due by 7/8/2016 (Attachments: # 1 Sarah Kotler, # 2 Kotler Declaration Attachment 1, # 3 Kotler Declaration Attachment 2, # 4 Kotler Declaration Attachment 3, # 5 William H. Holzerland Declaration, # 6 Holzerland Declaration Attachment 1, # 7 Holzerland Declaration Attachment 2, # 8 Holzerland Declaration Attachment 3)(Hanna, Adam) (Entered: 06/03/2016)
2016-06-0390MEMORANDUM in Support re 89 MOTION for Summary Judgment filed by Department of Health and Human Services, Food & Drug Administration. (Hanna, Adam) (Entered: 06/03/2016)
2016-06-0791RESPONSE to Motion re 89 MOTION for Summary Judgment filed by J. Donald Henson, Sr. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(jlrr) (Entered: 06/07/2016)
2016-06-0792Sealed Exhibit to 91 by J. Donald Henson, Sr. (jlrr) (Entered: 06/07/2016)
2016-06-0793MOTION for Order to Require FDA to Provide a Vaughn Index by J. Donald Henson, Sr. (jlrr) (Entered: 06/07/2016)
2016-06-0794Sealed Exhibits to 93 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(jlrr) (Entered: 06/07/2016)
2016-06-0795REQUEST for Admissions by J. Donald Henson, Sr. (Attachments: # 1 Request for Admissions, # 2 Request for Admissions, # 3 Exhibit)(jlrr) (Entered: 06/07/2016)
2016-06-0996ORDER and RULE 56 NOTICE re 89 MOTION for Summary Judgment filed by Food & Drug Administration, Department of Health and Human Services. Signed by Magistrate Judge Donald G. Wilkerson on 6/9/16. (sgp) (Entered: 06/09/2016)
2016-06-09Action (supplement to response) due by 7/9/2016, pursuant to Order at Document 96. (anm) (Entered: 06/09/2016)
2016-06-1097MOTION (Request) for Court Review of Agency Statutory Exemptions by J. Donald Henson, Sr. (jaj) (Entered: 06/10/2016)
2016-06-1098RESPONSE to 95 Request for Admissions filed by Department of Health and Human Services, Food & Drug Administration. (Hanna, Adam) (Entered: 06/10/2016)
2016-06-1499REPLY TO RESPONSE to 95 Request for Admissions filed by J. Donald Henson, Sr. (jaj) (Entered: 06/14/2016)
2016-06-16100RESPONSE in Opposition re 93 MOTION for Order to Require FDA to Provide a Vaughn Index for all Denied Documents filed by Department of Health and Human Services, Food & Drug Administration. (Hanna, Adam) (Entered: 06/16/2016)
2016-06-20101REPLY to Response to Motion re 93 MOTION for Order to filed by J. Donald Henson, Sr. (jlrr) (Entered: 06/20/2016)
2016-06-23102SUPPLEMENTAL RESPONSE to Motion re 89 MOTION for Summary Judgment filed by J. Donald Henson, Sr. (jlrr) (Entered: 06/23/2016)
2016-07-25103MOTION for Recruitment of Counsel by J. Donald Henson, Sr. (rah) (Entered: 07/25/2016)
2016-07-25104Sealed Exhibit to 103 MOTION for Recruitment of Counsel by J. Donald Henson, Sr. (rah) (Entered: 07/25/2016)
2016-08-15105MOTION to End Delay Causing Potential Safety and Health Problems by J. Donald Henson, Sr. (jlrr) (Entered: 08/15/2016)
2016-08-22106MOTION for Conference between the Court, the Plaintiff and the Defendants (FDA) by J. Donald Henson, Sr. (jlrr) (Entered: 08/22/2016)
2016-10-11107MOTION to Expeditiously Resolve 89 MOTION for Summary Judgment by J. Donald Henson, Sr. (cekf) (Entered: 10/11/2016)
2016-10-11108ORDER granting 107 Motion to Expeditiously Resolve Motion for Summary Judgment. Plaintiff is advised that an order will be issued in due course. Signed by Judge David R. Herndon on 10/11/16. (lmp) (Entered: 10/11/2016)
2017-01-10109ORDER providing pro se plaintiff Henson notice re 89 MOTION for Summary Judgment filed by Food & Drug Administration, Department of Health and Human Services. In light of this notice, the Court ALLOWS plaintiff up to and including January 24, 2017, to respond to the pending motion for summary judgment with any additional materials he feels are relevant and necessary to the dispute. Signed by Judge David R. Herndon on 1/10/17. (Attachments: # 1 Exhibit Rule 56)(lmp) (Entered: 01/10/2017)
2017-01-10110NOTICE OF CANCELLATION of Hearing: Due to the pending motions, the presumptive trial month of February, 2017, is CANCELLED and will be reset at a later date. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/10/2017)
2017-01-17111RESPONSE to 109 Order, filed by J. Donald Henson, Sr. (jsm2) (Entered: 01/17/2017)
2017-03-23112ORDER DISMISSING CASE: The Court GRANTS 89 MOTION for Summary Judgment filed by Food & Drug Administration, Department of Health and Human Services. This case is DISMISSED with prejudice. The Clerk of the Court is directed to enter judgment accordingly. Signed by Judge David R. Herndon on 3/23/17. (lmp) (Entered: 03/23/2017)
2017-03-24113CLERK'S JUDGMENT dismissing case with prejudice. Approved by Judge David R. Herndon on 3/23/17. (arf) (Entered: 03/24/2017)
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by FOIA Project Staff