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Case TitleSeife v. United States Food and Drug Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv05487
Date Filed2015-07-14
Date ClosedOpen
JudgeJudge Laura Taylor Swain
PlaintiffCharles Seife
Case DescriptionCharles Seife, a professor of journalism at New York University, submitted a FOIA request to the FDA for records concerning the agency's policy of embargoed press releases. The agency had several exchanges with Seife pertaining to his request and made a partial disclosure of records that were redacted under Exemption 5 (privileges). Records were also withheld as being non-responsive. Seife had also made four FOIA requests concerning investigations of fraud. The agency withheld records including under Exemption 4 (confidential business information). Seife finally filed suit on all his FOIA requests.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Food and Drug Administration
Documents
Docket
Complaint
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-141FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Charles Seife. (Filing Fee $ 400.00, Receipt Number 0208-11152567)Document filed by Charles Seife.(Bahr, David) Modified on 7/15/2015 (dgo). (Entered: 07/14/2015)
2015-07-142FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Bahr, David) Modified on 7/15/2015 (dgo). (Entered: 07/14/2015)
2015-07-143REQUEST FOR ISSUANCE OF SUMMONS as to United States Food and Drug Administration, re: 1 Complaint. Document filed by Charles Seife. (Bahr, David) (Entered: 07/14/2015)
2015-07-144FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David A. Bahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11152818. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Seife. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Bahr, David) Modified on 7/15/2015 (sdi). (Entered: 07/14/2015)
2015-07-15>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 4 MOTION for David A. Bahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11152818. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Oregon;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi) (Entered: 07/15/2015)
2015-07-15***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Alan Bahr to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dgo) (Entered: 07/15/2015)
2015-07-15***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Alan Bahr to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): No signature;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (dgo) (Entered: 07/15/2015)
2015-07-15***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Alan Bahr. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid);. (dgo) (Entered: 07/15/2015)
2015-07-15CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (dgo) (Entered: 07/15/2015)
2015-07-15Magistrate Judge Ronald L. Ellis is so designated. (dgo) (Entered: 07/15/2015)
2015-07-15Case Designated ECF. (dgo) (Entered: 07/15/2015)
2015-07-155CIVIL COVER SHEET filed. (Bahr, David) (Entered: 07/15/2015)
2015-07-156COMPLAINT against United States Food and Drug Administration. Document filed by Charles Seife.(Bahr, David) (Entered: 07/15/2015)
2015-07-247MOTION for David A. Bahr to Appear Pro Hac Vice (Corrected) . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Seife. (Attachments: # 1 Exhibit Certificate of Good Standing from Oregon Supreme Court, # 2 Text of Proposed Order Proposed Order)(Bahr, David) (Entered: 07/24/2015)
2015-07-27>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for David A. Bahr to Appear Pro Hac Vice (Corrected) . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 07/27/2015)
2015-08-058INITIAL CONFERENCE ORDER: Initial Conference set for 10/23/2015 at 12:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (See Order.) (Signed by Judge Laura Taylor Swain on 8/5/2015) (ajs) (Entered: 08/05/2015)
2015-08-059ORDER FOR ADMISSION PRO HAC VICE granting 7 Motion for David A. Bahr to Appear Pro Hac Vice. DE # 7 resolved. (Signed by Judge Laura Taylor Swain on 8/5/2015) (ajs) (Entered: 08/05/2015)
2015-08-0510ELECTRONIC SUMMONS ISSUED as to United States Food and Drug Administration. (dgo) (Entered: 08/05/2015)
2015-08-2411NOTICE OF APPEARANCE by Jean-David Barnea on behalf of United States Food and Drug Administration. (Barnea, Jean-David) (Entered: 08/24/2015)
2015-08-2612LETTER MOTION for Extension of Time to File Answer and Other Relief addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 8/26/15. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 08/26/2015)
2015-08-3113ORDER granting 12 Letter Motion for Extension of Time to Answer re 6 Complaint, and Other Relief. The request for extension of time to respond is granted. The request for permission for Plaintiff's counsel to appear telephonically is granted. Plaintiff's counsel must contact the Courtroom Deputy (212 805 0424) by October 21, 2015 for call-in instructions. The request for permission to forego discovery scheduling proposals in the pre-conference submission is granted. The submission must nonetheless address jurisdiction, basis of claims and defenses, disputed and undisputed legal and factual issues, prospects for consensual resolution, consent to transfer to magistrate judge and all other such relevant matters. DE # 12 resolved. United States Food and Drug Administration answer due 10/13/2015. (Signed by Judge Laura Taylor Swain on 8/31/2015) (kko) (Entered: 08/31/2015)
2015-10-1314ANSWER to 6 Complaint. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 10/13/2015)
2015-10-1615INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 10/16/2015)
2015-10-23Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 10/23/2015. IPTC held and adj to 1/29/2016 at 10:15am. Case is placed on the suspense calendar until further notice. Parties are to submit a status report to the Court by 1/29/2016 as to a settlement, the continuation of the case on suspense or removing the case from suspense. The status report will be due every March 1, June 1, September 1 and January 1. ( Initial Conference set for 1/29/2016 at 10:15 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (lan) (Entered: 10/23/2015)
2015-10-3016STIPULATION AND ORDER REGARDING DOCUMENT SEARCHES AND PRODUCTIONS: It is hereby STIPULATED and AGREED between the Parties and ORDERED by the Court as follows: 1. Other than as provided herein, all claims are resolved except for those relating to the adequacy of FDA's searches, the propriety of FDA's withholdings, and compliance with this Stipulation. 2. FDA will make monthly productions to Plaintiff in response to the Requests, beginning no later than November 30, 2015, until it completes its response to all Requests. 9. Nothing in this Stipulation and Order, including the fact of its entry, should be taken as a concession by FDA that Plaintiff has "substantially prevailed" in this action in whole or in part, as that term is used in 5 U.S.C. § 552(a)(4)(E). 10. The Clerk of the Court is directed to place this case on the suspense docket. 11. The status conference scheduled for January 29, 2016, at 10:15 a.m. is hereby adjourned sine die. 12. The Parties shall submit joint status reports to the Court every three months beginning March 1, 2016, by letter filed on ECF, in which they will inform the Court of the status of FDA's productions pursuant to this Stipulation and Order, and indicate their views on whether the case should continue to remain on the suspense docket, restored to the active docket of the Court, or dismissed. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 10/29/2015) (spo) (Entered: 10/30/2015)
2016-03-0117JOINT LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 3/1/16 re: Status Update. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 03/01/2016)
2016-03-0218MEMO ENDORSEMENT on re: 17 Letter re: Status Update, filed by United States Food and Drug Administration. ENDORSEMENT: The case will remain on suspense pending the next timely status report. (Signed by Judge Laura Taylor Swain on 3/1/2016) (spo) (Entered: 03/02/2016)
2016-06-0119JOINT LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 6/1/16 re: Status Report re FDA Productions. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 06/01/2016)
2016-06-0220MEMO ENDORSEMENT on re: 19 Letter filed by United States Food and Drug Administration. ENDORSEMENT: The case will remain on the suspense docket pending the next timely report. (Signed by Judge Laura Taylor Swain on 6/2/2016) (tn) (Entered: 06/02/2016)
2016-08-3121LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 8/31/16 re: Status Report. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 08/31/2016)
2016-09-0722MEMO ENDORSEMENT on re: 21 Letter filed by United States Food and Drug Administration. ENDORSEMENT: SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/6/2016) (cf) (Entered: 09/07/2016)
2016-12-0123LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 12/1/16 re: Status Report. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 12/01/2016)
2016-12-0524MEMO ENDORSEMENT on re: 23 Letter filed by United States Food and Drug Administration. ENDORSEMENT: The case will remain on suspense pending the next timely status report. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/02/2016) (ama) (Entered: 12/05/2016)
2017-02-0925JOINT LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 2/9/17 re: February 2017 Status Report. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 02/09/2017)
2017-02-1026MEMO ENDORSEMENT on re: 25 Letter filed by United States Food and Drug Administration. ENDORSEMENT: The case will remain on the suspense docket pending the next timely report. (Signed by Judge Laura Taylor Swain on 2/10/2017) (cf) (Entered: 02/10/2017)
2017-05-0127JOINT LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 5/1/17 re: Status Report. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 05/01/2017)
2017-05-0228MEMO ENDORSEMENT: on re: 27 Letter filed by United States Food and Drug Administration. ENDORSEMENT: The case will remain on suspense pending the next timely status report. (Signed by Judge Laura Taylor Swain on 5/2/2017) (ap) (Entered: 05/02/2017)
2017-08-0129JOINT LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 8/1/17 re: Status Report. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 08/01/2017)
2017-08-0330MEMO ENDORSEMENT on re: 29 Letter filed by United States Food and Drug Administration. ENDORSEMENT: SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/3/2017) (cf) (Entered: 08/03/2017)
2017-10-3131JOINT LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 10/31/17 re: Case Status. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 10/31/2017)
2017-11-0232MEMO ENDORSEMENT: on re: 31 Letter filed by United States Food and Drug Administration. ENDORSEMENT: The Clerk of Court is requested to restore this case to the active docket. The parties must file a status report by December 15, 2017. DE #31 resolved. (Signed by Judge Laura Taylor Swain on 11/1/2017) (ap) (Entered: 11/02/2017)
2017-12-1433STATUS REPORT. on behalf of both parties Document filed by Charles Seife.(Bahr, David) (Entered: 12/14/2017)
2017-12-2034MEMO ENDORSEMENT: on re: 33 Status Report filed by Charles Seife. ENDORSEMENT: The requested extension of time for submission of a status report is Granted. DE # 33 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/20/2017) (ama) (Entered: 12/20/2017)
2018-01-2935JOINT LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 1/29/18 re: Status Report. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 01/29/2018)
2018-01-3036MEMO ENDORSEMENT: on re: 35 Letter filed by United States Food and Drug Administration. ENDORSEMENT: A further status report must be filed by March 15, 2018. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/30/2018) (ama) (Entered: 01/30/2018)
2018-03-1337JOINT LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 3/13/18 re: Status Report. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 03/13/2018)
2018-03-1438MEMO ENDORSEMENT: on re: 37 Letter filed by United States Food and Drug Administration. ENDORSEMENT: The parties must provide a further status report by April 30, 2018. De #37 resolved. (Signed by Judge Laura Taylor Swain on 3/14/2018) (ap) (Entered: 03/14/2018)
2018-04-3039STATUS REPORT. on behalf of both parties Document filed by Charles Seife.(Bahr, David) (Entered: 04/30/2018)
2018-05-0340MEMO ENDORSEMENT: on re: 39 Status Report filed by Charles Seife. ENDORSEMENT: The parties must file the next status report by June 14, 2018. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/03/2018) (ama) (Entered: 05/03/2018)
2018-06-1341STATUS REPORT. Joint Case Status Report Document filed by Charles Seife.(Bahr, David) (Entered: 06/13/2018)
2018-06-1942MEMO ENDORSEMENT: on re: 41 Status Report filed by Charles Seife. ENDORSEMENT: The requested extension is Granted. DE # 41 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/18/2018) (ama) (Entered: 06/19/2018)
2018-07-2743STATUS REPORT. Joint Case Status Report Document filed by Charles Seife.(Bahr, David) (Entered: 07/27/2018)
2018-07-3044MEMO ENDORSEMENT on re: 43 Status Report filed by Charles Seife. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 7/30/2018) (rj) (Entered: 07/30/2018)
2018-09-1345LETTER addressed to Judge Laura Taylor Swain from AUSA Jean-David Barnea dated 9/13/18 re: Status Report. Document filed by United States Food and Drug Administration.(Barnea, Jean-David) (Entered: 09/13/2018)
2018-09-1846MEMO ENDORSEMENT: on re: 45 Letter filed by United States Food and Drug Administration. ENDORSEMENT: The next status report must be filed by November 30, 2018. DE # 45 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/17/2018) (ama) (Entered: 09/18/2018)
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