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Case TitlePUBLIC CITIZEN FOUNDATION, INC. v. FOOD & DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00781
Date Filed2016-04-27
Date Closed2017-07-07
JudgeJudge Amit P. Mehta
PlaintiffPUBLIC CITIZEN FOUNDATION, INC.
Case DescriptionPublic Citizen submitted a FOIA request to the FDA for unredacted copies of resumes for all members of FDA advisory committees whose CVs are currently posted on the FDA's website. Several bureaus responded to Public Citizen's request by providing redacted records under Exemption 4 (confidential business information) and Exemption 6 (invasion of privacy). Other bureaus did not respond at all. Public Citizen appealed those denials of records, but after the agency had still not responded, Public Citizen filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFOOD & DRUG ADMINISTRATION
DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-271COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4501834) filed by PUBLIC CITIZEN FOUNDATION, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Clattenburg, Rachel) (Entered: 04/27/2016)
2016-04-272LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN FOUNDATION, INC. (Clattenburg, Rachel) (Entered: 04/27/2016)
2016-04-27Case Assigned to Judge Amit P. Mehta. (sth) (Entered: 04/27/2016)
2016-04-273SUMMONS (4) Issued Electronically as to DEPARTMENT OF HEALTH & HUMAN SERVICES, FOOD & DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(sth) (Entered: 04/27/2016)
2016-04-284RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/28/2016. Answer due for ALL FEDERAL DEFENDANTS by 5/28/2016. (Clattenburg, Rachel) (Entered: 04/28/2016)
2016-05-245NOTICE of Appearance by Peter Bryce on behalf of DEPARTMENT OF HEALTH & HUMAN SERVICES, FOOD & DRUG ADMINISTRATION (Bryce, Peter) (Entered: 05/24/2016)
2016-05-246Consent MOTION for Extension of Time to Answer or Otherwise Respond by DEPARTMENT OF HEALTH & HUMAN SERVICES, FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 05/24/2016)
2016-05-24MINUTE ORDER granting 6 Consent Motion for Extension of Time. Defendants shall answer or otherwise respond to the 1 Complaint on or before June 20, 2016. Signed by Judge Amit P. Mehta on 05/24/2016. (lcapm2) (Entered: 05/24/2016)
2016-05-24Set/Reset Deadlines/Hearings: Answer to Complaint due by 6/20/2016. (cdw) (Entered: 05/25/2016)
2016-06-207MOTION to Dismiss Plaintiff's Complaint, In Part by DEPARTMENT OF HEALTH & HUMAN SERVICES, FOOD & DRUG ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A)(Bryce, Peter) (Entered: 06/20/2016)
2016-07-058Memorandum in opposition to re 7 MOTION to Dismiss Plaintiff's Complaint, In Part filed by PUBLIC CITIZEN FOUNDATION, INC.. (Attachments: # 1 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 07/05/2016)
2016-07-119MOTION for Summary Judgment by PUBLIC CITIZEN FOUNDATION, INC. (Attachments: # 1 Declaration Carome Decl. & Exhibits, # 2 Declaration Clattenburg Decl. & Exs. 1-8, # 3 Exhibit Clattenburg Decl., Exs. 9-12, # 4 Exhibit Clattenburg Decl., Exs. 13-15, # 5 Exhibit Clattenburg Decl., Exs. 16-21, # 6 Exhibit Clattenburg Decl., Exs. 22-24, # 7 Exhibit Clattenburg Decl., Exs. 25-32, # 8 Exhibit Clattenburg Decl., Exs. 33-37, # 9 Exhibit Clattenburg Decl., Exs. 38-40, # 10 Exhibit Clattenburg Decl., Exs. 41-42, # 11 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 07/11/2016)
2016-07-1510REPLY to opposition to motion re 7 MOTION to Dismiss Plaintiff's Complaint, In Part filed by DEPARTMENT OF HEALTH & HUMAN SERVICES, FOOD & DRUG ADMINISTRATION. (Bryce, Peter) (Entered: 07/15/2016)
2016-07-1811NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 07/18/2016)
2016-07-2012MOTION for Leave to File Sur-Reply by PUBLIC CITIZEN FOUNDATION, INC. (Attachments: # 1 Exhibit Proposed Sur-Reply, # 2 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 07/20/2016)
2016-07-2813Memorandum in opposition to re 9 MOTION for Summary Judgment filed by DEPARTMENT OF HEALTH & HUMAN SERVICES, FOOD & DRUG ADMINISTRATION. (Attachments: # 1 Declaration Declaration of Sarah B. Kotler & Exhibits, # 2 Exhibit Attachment A, # 3 Exhibit Attachment B, # 4 Text of Proposed Order)(Bryce, Peter) (Entered: 07/28/2016)
2016-08-0214Memorandum in opposition to re 12 MOTION for Leave to File Sur-Reply or In the Alternative, Response to Sur-reply filed by DEPARTMENT OF HEALTH & HUMAN SERVICES, FOOD & DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 08/02/2016)
2016-08-0215NOTICE OF SUPPLEMENTAL AUTHORITY by PUBLIC CITIZEN FOUNDATION, INC. (Clattenburg, Rachel) (Entered: 08/02/2016)
2016-08-0416REPLY to opposition to motion re 9 MOTION for Summary Judgment filed by PUBLIC CITIZEN FOUNDATION, INC.. (Clattenburg, Rachel) (Entered: 08/04/2016)
2016-08-1117REPLY to opposition to motion re 12 MOTION for Leave to File Sur-Reply filed by PUBLIC CITIZEN FOUNDATION, INC.. (Clattenburg, Rachel) (Entered: 08/11/2016)
2016-11-3018Joint MOTION to Stay Proceedings Pending Settlement Discussions by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 11/30/2016)
2016-11-30VACATED PURSUANT TO COURT'S ORDER OF 01/18/2017.............MINUTE ORDER granting 18 the parties' Joint Motion to Stay Proceedings Pending Settlement Discussions. This matter shall be stayed until January 18, 2017. If this matter remains pending on January 18, 2017, the parties shall submit a Status Report on that date advising the court of the parties' progress. Signed by Judge Amit P. Mehta on 11/30/2016. (lcapm2) Modified on 1/23/2017 (cdw). (Entered: 11/30/2016)
2016-11-30Case Stayed. (cdw) (Entered: 12/01/2016)
2017-01-1819Joint MOTION to Continue Stay for One Day by PUBLIC CITIZEN FOUNDATION, INC. (Attachments: # 1 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 01/18/2017)
2017-01-1820ORDER granting 19 Joint Motion to Continue Stay for One Day. This matter shall be stayed until January 19, 2017. If the parties have not settled by January 19, 2017, the parties shall submit a status report on or before January 23, 2017, advising the court of the parties' progress. The court's November 30, 2016, Minute Order is hereby vacated. See attached Order for additional details. Signed by Judge Amit P. Mehta on 01/18/2017. (lcapm3) (Entered: 01/18/2017)
2017-01-1921Joint MOTION to Stay Proceedings Pending Settlement by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 01/19/2017)
2017-01-23MINUTE ORDER granting 21 the parties' Joint Motion to Stay Proceedings Pending Settlement. This matter shall be stayed until August 28, 2017. If this matter remains pending on August 28, 2017, the parties shall submit a Status Report on that date advising the court of the parties' progress. Signed by Judge Amit P. Mehta on 01/23/2017. (lcapm2) (Entered: 01/23/2017)
2017-01-23Case Stayed. Set/Reset Deadlines/Hearings: Status Report due by 8/28/2017. (cdw) (Entered: 01/23/2017)
2017-04-1422NOTICE OF WITHDRAWAL OF APPEARANCE as to PUBLIC CITIZEN FOUNDATION, INC.. Attorney Rachel M. Clattenburg terminated. (Clattenburg, Rachel) (Entered: 04/14/2017)
2017-06-2923STIPULATION and [Proposed] Order by PUBLIC CITIZEN FOUNDATION, INC.. (Zieve, Allison) (Entered: 06/29/2017)
2017-07-0524ORDER entering 23 the parties' Stipulation of Dismissal. See the attached Order for further details. Signed by Judge Amit P. Mehta on 07/05/2017. (lcapm2) (Entered: 07/05/2017)
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by FOIA Project Staff