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Case TitleGOOD FOOD INSTITUTE v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01052
Date Filed2016-06-06
Date Closed2017-10-23
JudgeJudge Richard J. Leon
PlaintiffGOOD FOOD INSTITUTE
Case DescriptionThe Good Food Institute submitted three FOIA requests to the FDA for records concerning communications with third parties and the decision-making process pertaining to three warning letters sent by the agency. One component of the agency responded to one of the requests, but after hearing nothing further from the agency, the Good Food Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-061COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number 0090-4555852) filed by THE GOOD FOOD INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Barrella, Nigel) (Entered: 06/06/2016)
2016-06-062LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE GOOD FOOD INSTITUTE (Barrella, Nigel) (Entered: 06/06/2016)
2016-06-06Case Assigned to Judge Richard J. Leon. (sth) (Entered: 06/07/2016)
2016-06-073SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 06/07/2016)
2016-06-204NOTICE of Appearance by Michael Benjamin Posner on behalf of All Defendants (Posner, Michael) (Entered: 06/20/2016)
2016-07-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 6/14/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/14/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/14/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 7/14/2016.) (Barrella, Nigel) (Entered: 07/07/2016)
2016-07-146Consent MOTION for Extension of Time to File Answer re 1 Complaint, by FOOD AND DRUG ADMINISTRATION (Posner, Michael) (Entered: 07/14/2016)
2016-07-147Consent MOTION for Leave to File Supplemental Complaint by THE GOOD FOOD INSTITUTE (Attachments: # 1 Text of Proposed Order, # 2 Supplemental Complaint)(Barrella, Nigel) (Entered: 07/14/2016)
2016-07-148AMENDED COMPLAINT against FOOD AND DRUG ADMINISTRATION filed by THE GOOD FOOD INSTITUTE.(znmw) (Entered: 07/26/2016)
2016-07-25MINUTE ORDER granting nunc pro tunc 6 Consent Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that defendant shall have up to and including September 12, 2016 to answer or otherwise respond to plaintiff's Complaint. Signed by Judge Richard J. Leon on 7/25/2016. (lcrjl2, ) (Entered: 07/25/2016)
2016-07-25MINUTE ORDER granting 7 Consent Motion for Leave to File Supplemental Complaint. It is hereby ORDERED that the Motion is GRANTED, and plaintiff's Supplemental Complaint shall be deemed filed on June 14, 2016. It is further ORDERED that defendant shall answer or otherwise respond to plaintiff's Supplemental Complaint on or before September 12, 2016. Signed by Judge Richard J. Leon on 7/25/2016. (lcrjl2, ) (Entered: 07/25/2016)
2016-07-25Set/Reset Deadlines: Answer due by 9/12/2016. (tb) (Entered: 07/25/2016)
2016-08-229STANDING ORDER. Signed by Judge Richard J. Leon on 8/22/2016. (lcrjl2, ) (Entered: 08/22/2016)
2016-09-1210ANSWER to 8 Amended Complaint by FOOD AND DRUG ADMINISTRATION. Related document: 8 Amended Complaint filed by GOOD FOOD INSTITUTE.(Posner, Michael) (Entered: 09/12/2016)
2016-10-2711Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Posner, Michael) (Entered: 10/27/2016)
2016-10-2812NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 10/28/2016)
2017-02-0213Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hair, Christopher) (Entered: 02/02/2017)
2017-02-2414Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hair, Christopher) (Entered: 02/24/2017)
2017-03-2415Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hair, Christopher) (Entered: 03/24/2017)
2017-04-2816Joint STATUS REPORT and Proposed Briefing Schedule by FOOD AND DRUG ADMINISTRATION. (Hair, Christopher) (Entered: 04/28/2017)
2017-05-0117MINUTE SCHEDULING ORDER. Upon consideration of the parties' 16 Joint Status Report and Proposed Briefing Schedule, it is hereby ORDERED: defendant's motion for summary judgment is due 06/30/2017; plaintiff's opposition to defendant's motion is due 07/21/2017; and defendant's reply to plaintiff's opposition is due 08/4/2017. Signed by Judge Richard J. Leon on 05/01/2017. (lcrjl2) (Entered: 05/01/2017)
2017-06-1918NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of FOOD AND DRUG ADMINISTRATION Substituting for attorney Christopher C. Hair (Yee, Marsha) (Entered: 06/19/2017)
2017-06-2919Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment and to Modify Remainder of Briefing Schedule by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/29/2017)
2017-07-03MINUTE ORDER granting 19 Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment and to Modify Remainder of Briefing Schedule. It is hereby ORDERED that the Motion is GRANTED. Defendant's motion for summary judgment is due by 08/16/2017. Plaintiff's opposition is due by 09/18/2017. Defendant's reply, if any, is due by 10/18/2017. Signed by Judge Richard J. Leon on 07/03/2017. (lcrjl2) (Entered: 07/03/2017)
2017-08-1620MOTION for Summary Judgment by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Statement of Facts, # 2 Declaration Kotler (DFOI), # 3 Declaration Rennie (CFSAN), # 4 Declaration Williams (LOS-DO), # 5 Declaration Lum (SAN-DO), # 6 Text of Proposed Order)(Yee, Marsha) (Entered: 08/16/2017)
2017-09-1521Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by GOOD FOOD INSTITUTE (Attachments: # 1 Text of Proposed Order Proposed Order)(Barrella, Nigel) (Entered: 09/15/2017)
2017-09-21MINUTE ORDER granting 21 Consent Motion for Extension of Time to File Plaintiff's Opposition to Defendant's Motion for Summary Judgment and to Modify Remainder of Briefing Schedule. It is hereby ORDERED that the Motion is GRANTED. Plaintiff's opposition is due 10/13/2017. Defendant's reply, if any, is due 11/16/2017. Signed by Judge Richard J. Leon on 09/21/2017. (lcrjl2) (Entered: 09/21/2017)
2017-09-21Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/13/2017. Reply to Motion for Summary Judgment due by 11/16/2017. (tb) (Entered: 09/21/2017)
2017-10-1022MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by GOOD FOOD INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Barrella, Nigel) (Entered: 10/10/2017)
2017-10-13MINUTE ORDER granting 22 Motion for Extension of Time to File Plaintiff's Opposition to Defendant's Motion for Summary Judgment and to Modify Remainder of Briefing Schedule. It is hereby ORDERED that the Motion is GRANTED. Plaintiff's opposition is due 10/18/2017. Defendant's reply, if any, is due 11/21/2017. Signed by Judge Richard J. Leon on 10/13/2017. (lcrjl2) (Entered: 10/13/2017)
2017-10-1823STIPULATION of Settlement and Dismissal With Prejudice by FOOD AND DRUG ADMINISTRATION. (Yee, Marsha) (Entered: 10/18/2017)
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by FOIA Project Staff
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