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Case TitleMARCK et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00010
Date Filed2015-01-05
Date Closed2018-06-12
JudgeJudge Rosemary M. Collyer
PlaintiffDAVID J. MARCK
PlaintiffSILLS CUMMIS & GROSS P.C., A professional corporation
PlaintiffANNE COCCHIOLA
Case DescriptionDavid Marck of the law firm of Sills Cummis & Gross, submitted FOIA requests to the FBI and the FDA on behalf of Anne Cocchiola, whose husband Mark Cocchiola is currently in federal prison. The request to the FBI was for records concerning a number of named individuals and companies involved in the investigation and conviction of Mark Cocchiola. The FBI initially refused to process the requests without privacy waivers, but agreed to process the requests concerning companies. The agency then indicated that it was withholding some records under Exemption 7(A) (interference with ongoing investigation or proceeding). It did not respond to the requests pertaining to some other companies. Marck appealed the decision and the FBI upheld its denial. The request to the FDA also requested information on a number of companies and individuals. The FDA provided 481 pages, but withheld 113 pages primarily under Exemption 4 (confidential business information) and Exemption 7(E) (investigative methods and techniques). Marck appealed the denial, but after the agency failed to respond, he filed suit.
Complaint issues: Failure to respond within statutory time limit, Exemption 4, Exemption 7(A) - Interference with ongoing investigation, Exemption 7(E) - Investigative methods or techniques, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
TERMINATED: 06/13/2016
DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
TERMINATED: 06/13/2016
DefendantDEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
AppealD.C. Circuit 18-5204
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-01-051COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number 0090-3952290) filed by DAVID J. MARCK, ANNE COCCHIOLA, SILLS CUMMIS & GROSS P.C., A PROFESSIONAL CORPORATION. (Attachments: # 1 Exhibit Exhibits 1-22 to Complaint, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Wenik, Jack) (Entered: 01/05/2015)
2015-01-052Corporate Disclosure Statement by ANNE COCCHIOLA, DAVID J. MARCK, SILLS CUMMIS & GROSS P.C., A PROFESSIONAL CORPORATION. (Wenik, Jack) (Entered: 01/05/2015)
2015-01-05Case Assigned to Judge Rosemary M. Collyer. (rd) (Entered: 01/06/2015)
2015-01-063SUMMONS (4) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION and U.S. Attorney (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 01/06/2015)
2015-01-064REQUEST FOR SUMMONS TO ISSUE by DAVID J. MARCK, ANNE COCCHIOLA, SILLS CUMMIS & GROSS P.C., filed by DAVID J. MARCK, ANNE COCCHIOLA, SILLS CUMMIS & GROSS P.C.,. (Attachments: # 1 Summons)(Wenik, Jack) (Entered: 01/06/2015)
2015-01-075SUMMONS (2) Issued Electronically as to UNITED STATES FOOD AND DRUG ADMINISTRATION and U.S. Attorney General (rdj) (Entered: 01/07/2015)
2015-01-086ERRATA Caption of Complaint corrected per LCvR 5.1(c)(1) by ANNE COCCHIOLA, DAVID J. MARCK, SILLS CUMMIS & GROSS P.C.,. (Attachments: # 1 Exhibit)(Wenik, Jack) (Entered: 01/08/2015)
2015-01-267NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 01/26/2015)
2015-02-188Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION (Taaffe, Damon) (Entered: 02/18/2015)
2015-02-23MINUTE ORDER granting 8 consent Motion for Extension of Time to Answer as to All Defendants. All Defendants shall file an Answer or other response no later than March 23, 2015. Signed by Judge Rosemary M. Collyer on 2/23/2015. (KD) (Entered: 02/23/2015)
2015-02-23Set/Reset Deadlines/Hearings: Answer to complaint due by 3/23/2015. (cdw) (Entered: 02/24/2015)
2015-03-209ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION.(Taaffe, Damon) (Entered: 03/20/2015)
2015-03-24MINUTE ORDER requiring the parties to file a joint dispositive motion briefing schedule by April 14, 2015. Signed by Judge Rosemary M. Collyer on 3/24/2015. (KD) (Entered: 03/24/2015)
2015-03-24Set/Reset Deadlines/Hearings: Joint dispositive motion briefing schedule due by 4/14/2015. (cdw) (Entered: 03/25/2015)
2015-04-1410STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Taaffe, Damon) (Entered: 04/14/2015)
2015-04-15MINUTE ORDER requiring the parties to file by June 30, 2015, a status report and, if needed, a joint dispositive motion briefing schedule. Signed by Judge Rosemary M. Collyer on 4/15/2015. (KD) (Entered: 04/15/2015)
2015-04-15Set/Reset Deadlines/Hearings: Status Report & joint dispositive motion briefing schedule due by 6/30/2015. (cdw) (Entered: 04/15/2015)
2015-06-3011STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Taaffe, Damon) (Entered: 06/30/2015)
2015-07-01MINUTE ORDER requiring the parties to file by August 31, 2015, a status report and, if needed, a joint dispositive motion briefing schedule. Signed by Judge Rosemary M. Collyer on 7/1/2015. (KD) (Entered: 07/01/2015)
2015-07-01Set/Reset Deadlines/Hearings: Status Report due by 8/31/2015 (cdw) (Entered: 07/02/2015)
2015-08-3112Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Taaffe, Damon) (Entered: 08/31/2015)
2015-09-01MINUTE ORDER requiring the parties to file by November 2, 2015, a status report and, if needed, a joint dispositive motion briefing schedule. Signed by Judge Rosemary M. Collyer on 9/1/2015. (KD) (Entered: 09/01/2015)
2015-09-01Set/Reset Deadlines/Hearings: Status report and joint dispositive motion briefing schedule due by 11/2/2015. (cdw) (Entered: 09/02/2015)
2015-11-0313Joint STATUS REPORT by ANNE COCCHIOLA, DAVID J. MARCK, SILLS CUMMIS & GROSS P.C.,. (Wenik, Jack) (Entered: 11/03/2015)
2015-11-04MINUTE ORDER requiring the parties to file by January 12, 2016, a status report and, if needed, a joint dispositive motion briefing schedule. Signed by Judge Rosemary M. Collyer on 11/4/2015. (KD) (Entered: 11/04/2015)
2015-11-04Set/Reset Deadlines/Hearings: Status report and joint dispositive motion briefing schedule due by 1/12/2016. (cdw) (Entered: 11/06/2015)
2016-01-1214Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Taaffe, Damon) (Entered: 01/12/2016)
2016-01-13MINUTE ORDER requiring the parties to file by March 4, 2016, a status report and, if needed, a joint dispositive motion briefing schedule. Signed by Judge Rosemary M. Collyer on 1/13/2016. (KD) (Entered: 01/13/2016)
2016-01-13Set/Reset Deadlines/Hearings: Status Report and joint dispositive motion briefing schedule due by 3/4/2016. (cdw) (Entered: 01/13/2016)
2016-03-0415Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Taaffe, Damon) (Entered: 03/04/2016)
2016-03-07MINUTE ORDER requiring the parties to file a status report by April 29, 2016. Signed by Judge Rosemary M. Collyer on 3/7/2016. (KD) (Entered: 03/07/2016)
2016-03-07Set/Reset Deadlines/Hearings: Status Report due by 4/29/2016. (zcdw) (Entered: 03/08/2016)
2016-04-2816Joint MOTION for Scheduling Order by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION (Taaffe, Damon) (Entered: 04/28/2016)
2016-04-28MINUTE ORDER granting 16 Joint Motion for Scheduling Order. FDA shall file a motion for summary judgment by June 23, 2016; Plaintiff shall file an opposition by July 11, 2016; FDA may file a reply by July 22, 2016. Signed by Judge Rosemary M. Collyer on 4/28/2016. (KD) (Entered: 04/28/2016)
2016-04-28Set/Reset Deadlines/Hearings: FDA's Summary Judgment motion due by 6/23/2016. Response to Motion for Summary Judgment due by 7/11/2016. Reply to Motion for Summary Judgment due by 7/22/2016. (cdw) (Entered: 04/29/2016)
2016-06-1017STIPULATION of Dismissal with respect to Health and Human Services, and Food and Drug Administration by DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Taaffe, Damon) (Entered: 06/10/2016)
2016-06-13MINUTE ORDER approving of 17 stipulation of partial dismissal and dismissing HHS and FDA as Defendants. The remaining parties shall file a joint status report no later than August 16, 2016. Signed by Judge Rosemary M. Collyer on 6/13/2016. (KD) (Entered: 06/13/2016)
2016-06-13Set/Reset Deadlines/Hearings: Joint Status Report due by 8/16/2016. (cdw) (Entered: 06/14/2016)
2016-08-1618Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Taaffe, Damon) (Entered: 08/16/2016)
2016-08-17MINUTE ORDER requiring remaining parties to file a joint status report no later than November 17, 2016. Signed by Judge Rosemary M. Collyer on 8/17/2016. (KD) (Entered: 08/17/2016)
2016-08-17Set/Reset Deadlines/Hearings: Joint Status Report due by 11/17/2016. (cdw) (Entered: 08/17/2016)
2016-11-1719Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Taaffe, Damon) (Entered: 11/17/2016)
2016-11-18MINUTE ORDER requiring remaining parties to submit a joint status report no later than January 17, 2017 and every 60 days thereafter. Signed by Judge Rosemary M. Collyer on 11/18/2016. (DAS) (Entered: 11/18/2016)
2017-01-1720Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 01/17/2017)
2017-01-17MINUTE ORDER requiring the parties to submit a joint status report no later than March 17, 2017 and every 60 days thereafter. Signed by Judge Rosemary M. Collyer on 1/17/2017. (DAS) (Entered: 01/17/2017)
2017-01-17Set/Reset Deadlines/Hearings: Joint Status Report due by 3/17/2017. (cdw) (Entered: 01/18/2017)
2017-03-1721Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Taaffe, Damon) (Entered: 03/17/2017)
2017-05-1822Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Taaffe, Damon) (Entered: 05/18/2017)
2017-07-1823Joint MOTION for Scheduling Order and Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Taaffe, Damon) Modified event title on 7/19/2017 (znmw). (Entered: 07/18/2017)
2017-07-18MINUTE ORDER setting summary judgment briefing schedule. Defendants' summary judgment brief shall be filed no later than August 31, 2017 and shall be no longer than 25 pages. Plaintiffs' opposition shall be filed no later than September 28th and shall be no longer than 25 pages. Defendants' reply shall be filed no later than October 12, 2017 and shall be no longer than 15 pages. Signed by Judge Rosemary M. Collyer on 7/18/2017. (DAS) (Entered: 07/18/2017)
2017-07-19Set/Reset Deadlines: Defendants' summary judgment brief, no longer than 25 pages, is due by 8/31/2017; Plaintiffs' opposition, no longer than 25 pages, is due by 9/28/2017; Defendants' reply, no longer than 15 pages, is due by 10/12/2017. (jth) (Entered: 07/19/2017)
2017-08-3124MOTION for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Declaration Hardy Declaration)(Taaffe, Damon) (Entered: 08/31/2017)
2017-09-2125Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by ANNE COCCHIOLA, DAVID J. MARCK, SILLS CUMMIS & GROSS P.C., (Attachments: # 1 Text of Proposed Order)(Wenik, Jack) (Entered: 09/21/2017)
2017-09-21MINUTE ORDER granting 25 Motion for Extension of Time to File Response and Reply re 24 Motion for Summary Judgment. Responses due by 10/5/2017. Replies due by 10/19/2017. Signed by Judge Rosemary M. Collyer on 9/21/2017. (DAS) (Entered: 09/21/2017)
2017-09-21Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 10/5/2017. Reply to Motion for Summary Judgment due by 10/19/2017. (zcdw) (Entered: 09/22/2017)
2017-10-0526Memorandum in opposition to re 24 MOTION for Summary Judgment filed by ANNE COCCHIOLA, DAVID J. MARCK, SILLS CUMMIS & GROSS P.C.,. (Attachments: # 1 Statement of Facts, # 2 Declaration of Erica Sibley, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K)(Wenik, Jack) (Entered: 10/05/2017)
2017-10-1927REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Taaffe, Damon) (Entered: 10/19/2017)
2018-06-0528MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 6/5/2018. (DAS) (Entered: 06/05/2018)
2018-06-0529ORDER granting 24 FBI's Motion for Summary Judgment and denying 26 Plaintiffs' Motion for In Camera Review. Judgment is entered in favor of FBI. This case is closed. See Order for details. Signed by Judge Rosemary M. Collyer on 6/5/2018. (DAS) (Entered: 06/05/2018)
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