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Case TitleSeife v. Food and Drug Administration et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv03960
Date Filed2017-05-25
Date ClosedOpen
JudgeJudge Jesse M. Furman
PlaintiffCharles Seife
Case DescriptionCharles Seife, a journalist, submitted a FOIA request to the FDA for records concerning the approval of the drug eteplirsen. Seife also requested expedited processing and a fee waiver. The agency denied Seife's request for expedited processing. Seife filed an administrative appeal of the agency denial. After hearing nothing further from the agency, Seife filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantFood and Drug Administration
DefendantDepartment Of Health and Human Services
DefendantSarepta Therapeutics, Inc
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

2017-05-251COMPLAINT against Food and Drug Administration, U.S. Department Of Health & Human Services. (Filing Fee $ 400.00, Receipt Number 0208-13709202)Document filed by Charles Seife. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Schulz, David) (Entered: 05/25/2017)
2017-05-252CIVIL COVER SHEET filed. (Schulz, David) (Entered: 05/25/2017)
2017-05-253FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Food and Drug Administration, re: 1 Complaint,. Document filed by Charles Seife. (Schulz, David) Modified on 5/26/2017 (kl). (Entered: 05/25/2017)
2017-05-254FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department Of Health & Human Services, re: 1 Complaint,. Document filed by Charles Seife. (Schulz, David) Modified on 5/26/2017 (kl). (Entered: 05/25/2017)
2017-05-255FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney General Jefferson Sessions, re: 1 Complaint,. Document filed by Charles Seife. (Schulz, David) Modified on 5/26/2017 (kl). (Entered: 05/25/2017)
2017-05-256FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Acting U.S. Attorney for the Southern District of New York Joon H. Kim, re: 1 Complaint,. Document filed by Charles Seife. (Schulz, David) Modified on 5/26/2017 (kl). (Entered: 05/25/2017)
2017-05-26***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David A.. Schulz. The following case opening statistical information was erroneously selected/entered: County code Kings. The following correction(s) have been made to your case entry: the County code has been modified to New York. (kl) (Entered: 05/26/2017)
2017-05-26***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David A.. Schulz. The party information for the following party/parties has been modified: U.S. Department Of Health & Human Services. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (kl) (Entered: 05/26/2017)
2017-05-26CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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 . (kl) (Entered: 05/26/2017)
2017-05-26Magistrate Judge Ronald L. Ellis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 05/26/2017)
2017-05-26Case Designated ECF. (kl) (Entered: 05/26/2017)
2017-05-26***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 5 Request for Issuance of Summons, 4 Request for Issuance of Summons, 3 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): PLEASE ENTER THE PARTY FIRST ON THE SUMMONS FORM. ALSO, JOON H. KIM AND JEFFERSON SESSIONS ARE NOT ENTERED ON ECF/INITIAL PLEADING. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl) (Entered: 05/26/2017)
2017-05-267REQUEST FOR ISSUANCE OF SUMMONS as to Food and Drug Administration, re: 1 Complaint,. Document filed by Charles Seife. (Schulz, David) (Entered: 05/26/2017)
2017-05-268FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department Of Health & Human Services, re: 1 Complaint,. Document filed by Charles Seife. (Schulz, David) Modified on 5/30/2017 (kl). (Entered: 05/26/2017)
2017-05-269NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on July 11, 2017 at 4 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, and as further set forth herein. Initial Conference set for 7/11/2017 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/26/2017) (ras) (Entered: 05/26/2017)
2017-05-3010ELECTRONIC SUMMONS ISSUED as to Food and Drug Administration. (kl) (Entered: 05/30/2017)
2017-05-30***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 8 Request for Issuance of Summons. The filing is deficient for the following reason(s): PARTY U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES IS NOT ENTERED ON ECF/PLEADING. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl) (Entered: 05/30/2017)
2017-05-3011FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department Of Health & Human Services, re: 1 Complaint,. Document filed by Charles Seife. (Schulz, David) Modified on 5/31/2017 (kl). (Entered: 05/30/2017)
2017-05-31***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 11 Request for Issuance of Summons. The filing is deficient for the following reason(s): PARTY U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES WAS NOT ENTERED ON ECF/INITIAL PLEADING. PLEASE ENTER THE PARTY EXACTLY AS IT APPEARS ON THE PLEADING. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl) (Entered: 05/31/2017)
2017-05-3112REQUEST FOR ISSUANCE OF SUMMONS as to Department Of Health and Human Services, re: 1 Complaint,. Document filed by Charles Seife. (Schulz, David) (Entered: 05/31/2017)
2017-06-0113ELECTRONIC SUMMONS ISSUED as to Department Of Health and Human Services. (pc) (Entered: 06/01/2017)
2017-06-2114AFFIDAVIT OF SERVICE. Department Of Health and Human Services served on 6/2/2017, answer due 6/23/2017; Food and Drug Administration served on 6/6/2017, answer due 6/27/2017. Service was made by MAIL. Document filed by Charles Seife. (Schulz, David) (Entered: 06/21/2017)
2017-06-2115MOTION for Partial Summary Judgment . Document filed by Charles Seife. Responses due by 7/5/2017 Return Date set for 7/12/2017 at 11:12 PM.(Schulz, David) (Entered: 06/21/2017)
2017-06-2116MEMORANDUM OF LAW in Support re: 15 MOTION for Partial Summary Judgment . . Document filed by Charles Seife. (Attachments: # 1 Declaration of Plaintiff Charles Seife, # 2 Declaration of Cortelyou Kenney, # 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, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R)(Schulz, David) (Entered: 06/21/2017)
2017-06-2217RULE 56.1 STATEMENT. Document filed by Charles Seife. (Schulz, David) (Entered: 06/22/2017)
2017-06-2218NOTICE OF APPEARANCE by Dominika Natalia Tarczynska on behalf of Department Of Health and Human Services, Food and Drug Administration. (Tarczynska, Dominika) (Entered: 06/22/2017)
2017-06-2219ORDER with respect to 15 Motion for Partial Summary Judgment. The parties shall appear for a conference with the Court on Tuesday, June 27, 2017, at 3:45 p.m. Counsel shall confer in advance of the conference with respect to a briefing schedule for Plaintiff's motion and any other matters they believe should be addressed at the conference. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 06/22/2017)
2017-06-2220DECLARATION of Cortelyou Kenney in Support re: 15 MOTION for Partial Summary Judgment .. Document filed by Charles Seife. (Schulz, David) (Entered: 06/22/2017)
2017-06-2321CONSENT LETTER MOTION to Adjourn Conference scheduled for June 27, 2017 addressed to Judge Jesse M. Furman from Dominika Tarczynska dated June 23, 2017. Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 06/23/2017)
2017-06-2522ORDER granting 21 Letter Motion to Adjourn Conference scheduled for June 27, 2017. The Court will address the pending motion at the July 11, 2017 conference. Unless and until the Court orders otherwise, further briefing on the pending motion is suspended. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 06/25/2017)
2017-07-0523ANSWER to 1 Complaint,. Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 07/05/2017)
2017-07-0624SCHEDULING ORDER: The time of the initial pretrial conference scheduled for July 11, 2017, is CHANGED to 3:15 p.m. The parties are reminded that, per the Notice of Initial Pretrial Conference, they are required to submit a joint letter (and, if appropriate, a proposed Case Management Plan) no later than today. (Signed by Judge Jesse M. Furman on 7/6/2017) (Furman, Jesse) (Entered: 07/06/2017)
2017-07-0625JOINT LETTER addressed to Judge Jesse M. Furman from Dominika Tarczynska & David A. Schulz dated July 6, 2017 re: Joint Letter in Advance of Initial Conference. Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 07/06/2017)
2017-07-1026JOINT LETTER addressed to Judge Jesse M. Furman from Dominika Tarczynska & David A. Schulz dated July 10, 2017 re: Status of Parties' Discussions Regarding Production Schedule. Document filed by Department Of Health and Human Services, Food and Drug Administration. (Attachments: # 1 Exhibit A: Defendants' Proposed Production Schedule, # 2 Plaintiff's Second Narrowed FOIA Request, # 3 Plaintiff's Second Prioritization and Production Schedule)(Tarczynska, Dominika) (Entered: 07/10/2017)
2017-07-1027FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Cortelyou Churchill Kenney to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Seife. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of Cortelyou Kenney in Support of Motion Pro Hac Vice, # 3 Exhibit Certificate of Good Standing California, # 4 Exhibit Certificate of Good Standing District of Columbia, # 5 Exhibit Certificate of Good Standing New York)(Kenney, Cortelyou) Modified on 7/11/2017 (wb). (Entered: 07/10/2017)
2017-07-11>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. 27 MOTION for Cortelyou Churchill Kenney to Appear Pro Hac Vice . 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 California; the filing fee was not paid;. Re-file the motion as a 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. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (wb) (Entered: 07/11/2017)
2017-07-1128NOTICE OF APPEARANCE by Margaret Elanor McCarthy on behalf of Charles Seife. (McCarthy, Margaret) (Entered: 07/11/2017)
2017-07-1129ORDER with respect to 15 Motion for Partial Summary Judgment. As discussed on the record at the conference held earlier today, Defendants are ordered to produce the "Email and memo from John Jenkins to Robert Califf, dated Sept. 14, 2016, sent at 5:36 PM, subject 'Memo'" no later than July 24, 2017. Moreover, Defendants shall file any opposition to Plaintiff's motion for partial summary judgment by July 31, 2017. Plaintiff will then have until August 7, 2017 to file a reply. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/11/2017)
2017-07-11NOTICE of Hearing: Settlement Conference set for 7/14/2017 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. All counsel must be present and have e-filed a notice of appearance on the ECF system prior to the conference. Unless excused by the Court, each party, together with counsel, must appear in person for the conference. Any party appearing for the settlement conference must have FULL AUTHORITY TO SETTLE THE CASE. If a party is not prepared to go forward with settlement discussions, written notice to the Court is required prior to the conference. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah (212)-805-0242. (rsh) (Entered: 07/11/2017)
2017-07-11Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 7/11/2017. Cortelyou Jenney and Margaret McCarthy present for Plaintiff. Dominika Tarczynska present for Defendants. Court reporter present. (ab) (Entered: 07/26/2017)
2017-07-1230ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/11/17) (yv) (Entered: 07/12/2017)
2017-07-1231SECOND MOTION for Cortelyou Churchill Kenney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13888610. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Seife. (Attachments: # 1 Declaration of Cortelyou C. Kenney in Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order, # 3 Certificate of Good Standing NY, # 4 Certificate of Good Standing CA Supreme Court, # 5 Certificate of Good Standing DC)(Kenney, Cortelyou) (Entered: 07/12/2017)
2017-07-12>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 31 SECOND MOTION for Cortelyou Churchill Kenney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13888610. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 07/12/2017)
2017-07-1232ORDER granting 31 Motion for Cortelyou Churchill Kenney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/12/2017)
2017-07-1333CONSENT LETTER MOTION for Conference re: Notice of Hearing,,, Seeking Permission for Agency Counsel to Appear Telephonically At Settlement Conference addressed to Magistrate Judge Ronald L. Ellis from Dominika Tarczynska dated July 13, 2017. Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 07/13/2017)
2017-07-1334ORDER granting 33 Letter Motion for Conference. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 07/13/2017)
2017-07-1335FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Darius Fullmer, Law Student Intern . Document filed by Charles Seife.(Schulz, David) Modified on 9/5/2017 (ldi). (Entered: 07/13/2017)
2017-07-14Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 7/14/2017 at 11:15 a.m. (rsh) (Entered: 07/14/2017)
2017-07-1436MEMO ENDORSEMENT granting 35 Motion for Leave to Appear. ENDORSEMENT: So ordered. (Signed by Judge Jesse M. Furman on 7/14/2017) (ras) Modified on 7/19/2017 (ras). (Entered: 07/14/2017)
2017-07-1937JOINT LETTER MOTION for Conference addressed to Magistrate Judge Ronald L. Ellis from Dominika Tarczynska and Cortelyou Kenney dated July 19, 2017. Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 07/19/2017)
2017-07-1938ORDER granting 37 Letter Motion for Conference. Telephone Conference set for 7/20/2017 at 5:00 PM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 07/19/2017)
2017-07-20Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 7/20/2017 at 5:30 p.m. (rsh) (Entered: 07/21/2017)
2017-07-24NOTICE of Hearing: Telephone Conference set for 7/24/2017 at 3:30 PM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242.(rsh) (Entered: 07/24/2017)
2017-07-24Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 7/24/2017 at 3:30 p.m. (rsh) (Entered: 07/24/2017)
2017-07-2739STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties and their counsel, that: On July 24, 2017, the FDA produced non-exempt portions 1 of "The Chronology prepared by Virginia Behr and submitted to the Scientific Dispute Resolution Board regarding eteplirsen ("Behr Chronology")," and "Email and memo from John Jenkins to Robert Califf, dated Sept. 14, 2016, sent at 5:36 PM, subject "Memo." Beginning on August 17, 2017, the FDA will make rolling bi-weekly productions of documents with production to be completed in accordance with the schedule set forth below. In the event FDA is unable to complete its production on the dates outlined above or other disputes arise between the Parties, the Parties will in good faith attempt to reach agreement and either the Parties will jointly advise the Court of any modification of this Stipulation or either Party may present the disputed issue to Magistrate Judge Ellis for resolution. Upon entry of this Stipulation and Order, but no later than July 31, 2017, Plaintiff will voluntary withdraw his motion for partial summary judgment challenging Defendants' denial of Plaintiff's request for expedited processing of his FOIA request, ECF No. 16. The Clerk of Court is directed to close this case. All motions are moot. All conferences are cancelled. The Court retains jurisdiction to enforce the terms of this Stipulation and Order and to adjudicate any disputes in connection with it, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 7/27/2017) (ap) (Entered: 07/27/2017)
2017-07-2840LETTER MOTION to Reopen Case addressed to Judge Jesse M. Furman from Charles Seife dated July 28, 2017. Document filed by Charles Seife.(Kenney, Cortelyou) (Entered: 07/28/2017)
2017-07-2841ORDER granting 40 Letter Motion to Reopen Case. Application GRANTED. The Clerk of Court is directed to reopen this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/28/2017) (ras) (Entered: 07/28/2017)
2017-07-3142ORDER: The parties shall submit a joint letter by November 1, 2017, updating the Court on Defendants' progress in meeting their disclosure obligations as set forth in the Stipulation and Order. In addition, the parties shall appear for a conference with the Court on December 11, 2017 at 3 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Finally, the parties shall submit another joint letter, no later than the Thursday of the week prior to the conference, updating the Court on issues to address at the conference and the next steps in the litigation. (Status Conference set for 12/11/2017 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/31/2017) (ras) (Entered: 07/31/2017)
2017-09-1543MOTION to Intervene . Document filed by Sarepta Therapeutics, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Answer)(Bernstein, Daniel) (Entered: 09/15/2017)
2017-09-1544MEMORANDUM OF LAW in Support re: 43 MOTION to Intervene . . Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 09/15/2017)
2017-09-1545RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sarepta Therapeutics, Inc.(Bernstein, Daniel) (Entered: 09/15/2017)
2017-09-1546NOTICE OF APPEARANCE by Daniel Bernstein on behalf of Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 09/15/2017)
2017-09-1847ORDER granting 43 Motion to Intervene. Upon consideration of Sarepta's unopposed Motion to Intervene (the "Motion") and the record of this case, it is this 18th day of September, 2017 hereby ORDERED that the Motion is granted. The Clerk of Court is directed to terminate Docket No. 43. (Signed by Judge Jesse M. Furman on 9/18/2017) (ras) (Entered: 09/18/2017)
2017-09-1948ANSWER to 1 Complaint,. Document filed by Sarepta Therapeutics, Inc.(Bernstein, Daniel) (Entered: 09/19/2017)
2017-11-0149JOINT LETTER addressed to Judge Jesse M. Furman from Dominika Tarczynska, Cortelyou Kenney & Daniel R. Bernstein dated November 1, 2017 re: Status. Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 11/01/2017)
2017-11-0950FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kristen E. Ittig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346512. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarepta Therapeutics, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Declaration in Support, # 3 DC Cert of Good Standing, # 4 MD Cert of Good Standing, # 5 VA Cert of Good Standing)(Ittig, Kristen) Modified on 11/13/2017 (wb). (Entered: 11/09/2017)
2017-11-0951FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stuart W. Turner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346613. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarepta Therapeutics, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Declaration in Support, # 3 DC Cert of Good Standing, # 4 VA Cert of Good Standing)(Turner, Stuart) Modified on 11/13/2017 (wb). (Entered: 11/09/2017)
2017-11-0952FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Amanda J. Sherwood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346716. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarepta Therapeutics, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Declaration in Support, # 3 DC Cert of Good Standing, # 4 VA Cert of Good Standing)(Sherwood, Amanda) Modified on 11/13/2017 (wb). (Entered: 11/09/2017)
2017-11-13>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 50 MOTION for Kristen E. Ittig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346512. Motion and supporting papers to be reviewed by Clerk's Office staff. , 52 MOTION for Amanda J. Sherwood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346716. Motion and supporting papers to be reviewed by Clerk's Office staff. , 51 MOTION for Stuart W. Turner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346613. 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 Virginia;. Re-file the motion as a 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.. (wb) (Entered: 11/13/2017)
2017-11-1653MOTION for Kristen E. Ittig to Appear Pro Hac Vice Filing fee $ 200.00, receipt number 0208-14346512. . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarepta Therapeutics, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Declaration in Support, # 3 DC Cert of Good Standing, # 4 MD Cert of Good Standing, # 5 VA Cert of Good Standing)(Ittig, Kristen) (Entered: 11/16/2017)
2017-11-1654MOTION for Stuart W. Turner to Appear Pro Hac Vice Filing fee $ 200.00, receipt number 0208-14346613 . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarepta Therapeutics, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Declaration in Support, # 3 Declaration in Support of Motion, # 4 VA Cert of Good Standing)(Turner, Stuart) (Entered: 11/16/2017)
2017-11-16>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 53 MOTION for Kristen E. Ittig to Appear Pro Hac Vice Filing fee $ 200.00, receipt number 0208-14346512. . Motion and supporting papers to be reviewed by Clerk's Office staff. , 54 MOTION for Stuart W. Turner to Appear Pro Hac Vice Filing fee $ 200.00, receipt number 0208-14346613 . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 11/16/2017)
2017-11-1655MOTION for Amanda J. Sherwood to Appear Pro Hac Vice Filing fee $ 200.00, receipt number 0208-14346716 . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarepta Therapeutics, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Declaration in Support, # 3 DC Cert of Good Standing, # 4 VA Cert of Good Standing)(Sherwood, Amanda) (Entered: 11/16/2017)
2017-11-16>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 55 MOTION for Amanda J. Sherwood to Appear Pro Hac Vice Filing fee $ 200.00, receipt number 0208-14346716 . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 11/16/2017)
2017-11-1656ORDER granting 53 , 54 , and 55 Motions for Kristen E. Ittig, Stuart W. Turner, and Amanda J. Sherwood to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/16/2017)
2017-12-0157JOINT LETTER MOTION to Continue December 11 status conference addressed to Judge Jesse M. Furman dated 12/1/2017. Document filed by Charles Seife.(Kenney, Cortelyou) (Entered: 12/01/2017)
2017-12-02Magistrate Judge Stewart A. Aaron is so redesignated. (ad) (Entered: 12/02/2017)
2017-12-02NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Stewart D. Aaron. Please note that this is a reassignment of the designation only. (ad) (Entered: 12/02/2017)
2017-12-04NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Stewart D. Aaron, for Settlement. Magistrate Judge Ronald L. Ellis no longer referred to the case. (ad) (Entered: 12/04/2017)
2017-12-04Magistrate Judge James L. Cott is so redesignated. (ad) (Entered: 12/04/2017)
2017-12-04NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge James L. Cott, for Settlement. Magistrate Judge Stewart D. Aaron no longer referred to the case. (ad) (Entered: 12/04/2017)
2017-12-0458ORDER granting 57 Letter Motion to Continue. The pretrial conference is adjourned to January 22, 2018, at 3:45 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 12/04/2017)
2018-01-1059MOTION for Thomas S. Leatherbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14560139. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Seife. (Attachments: # 1 Affidavit Ex. 1 - Affidavit of Thomas S. Leatherbury in Support of Motion For Admission Pro Hac Vice, # 2 Exhibit Ex. 2 - Certificate of Good Standing, # 3 Text of Proposed Order Ex. 3 - Proposed Order for Admission Pro Hac Vice)(Leatherbury, Thomas) (Entered: 01/10/2018)
2018-01-10>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 59 MOTION for Thomas S. Leatherbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14560139. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 01/10/2018)
2018-01-1060ORDER granting 59 Motion for Thomas S. Leatherbury to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 01/10/2018)
2018-01-1161LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Daniel R. Bernstein dated January 11, 2018. Document filed by Sarepta Therapeutics, Inc. Return Date set for 1/24/2018 at 03:45 PM.(Bernstein, Daniel) (Entered: 01/11/2018)
2018-01-1262ORDER granting 61 Letter Motion to Adjourn Conference. The pretrial conference is adjourned to January 24, 2018, at 3:30 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 01/12/2018)
2018-01-1863JOINT LETTER addressed to Judge Jesse M. Furman from Dominika Tarczynska, Cortelyou Kenney & Daniel R. Bernstein dated January 18, 2017 re: Proposed Summary Judgment Briefing Schedule. Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 01/18/2018)
2018-01-1964ORDER re: 63 Letter, filed by Department Of Health and Human Services, Food and Drug Administration. The parties' proposed briefing schedule is hereby adopted. In light of that, the conference scheduled for January 24, 2018, is CANCELLED. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/19/2018) (Text Only Order) (Furman, Jesse) (Entered: 01/19/2018)
2018-03-2265JOINT LETTER addressed to Judge Jesse M. Furman from Dominika Tarczynska, Cortelyou Kenney & Kristen Ittig dated March 22, 2018 re: Issues to Be Addressed in Cross Motions for Summary Judgment. Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 03/22/2018)
2018-03-2366MEMO ENDORSEMENT on re: 65 Letter, filed by Department Of Health and Human Services, Food and Drug Administration. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 3/23/2018) (ras) (Entered: 03/23/2018)
2018-03-2767MOTION for Daniel L. Tobey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14863976. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Seife. (Attachments: # 1 Affidavit Ex. 1 - Affidavit of Daniel L. Tobey in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Ex. 2 - Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order For Admission Pro Hac Vice)(Tobey, Daniel) (Entered: 03/27/2018)
2018-03-27>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 67 MOTION for Daniel L. Tobey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14863976. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 03/27/2018)
2018-03-2768ORDER granting 67 Motion for Daniel L. Tobey to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/27/2018)
2018-04-0669MOTION for Summary Judgment . Document filed by Sarepta Therapeutics, Inc.(Bernstein, Daniel) (Entered: 04/06/2018)
2018-04-0670MEMORANDUM OF LAW in Support re: 69 MOTION for Summary Judgment . . Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 04/06/2018)
2018-04-0671RULE 56.1 STATEMENT. Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 04/06/2018)
2018-04-0672DECLARATION of Ian Estepan in Support re: 69 MOTION for Summary Judgment .. Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 04/06/2018)
2018-04-0673DECLARATION of Kristen E. Ittig in Support re: 69 MOTION for Summary Judgment .. Document filed by Sarepta Therapeutics, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bernstein, Daniel) (Entered: 04/06/2018)
2018-04-0674MOTION for Summary Judgment . Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 04/06/2018)
2018-04-0675MEMORANDUM OF LAW in Support re: 74 MOTION for Summary Judgment . . Document filed by Department Of Health and Human Services, Food and Drug Administration. (Tarczynska, Dominika) (Entered: 04/06/2018)
2018-04-0676DECLARATION of Sarah Kotler in Support re: 74 MOTION for Summary Judgment .. Document filed by Department Of Health and Human Services, Food and Drug Administration. (Attachments: # 1 Exhibit A)(Tarczynska, Dominika) (Entered: 04/06/2018)
2018-04-0677DECLARATION of Nancy B. Sager in Support re: 74 MOTION for Summary Judgment .. Document filed by Department Of Health and Human Services, Food and Drug Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Tarczynska, Dominika) (Entered: 04/06/2018)
2018-04-1078MEMORANDUM OF LAW in Support re: 69 MOTION for Summary Judgment . This document replaces DKT # 70 . Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 04/10/2018)
2018-05-1679FIRST LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Charles Seife dated 05/08/2018. Document filed by Charles Seife.(Kenney, Cortelyou) (Entered: 05/16/2018)
2018-05-1680ORDER granting 79 Letter Motion for Extension of Time. Plaintiff's request for an extension of time to file for summary judgment is GRANTED. The deadline is now May 29, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 05/16/2018)
2018-05-2181NOTICE OF APPEARANCE by Devon Charles Holstad on behalf of Charles Seife. (Holstad, Devon) (Entered: 05/21/2018)
2018-05-2482NOTICE OF APPEARANCE by Sarah Catherine Curl Tishler on behalf of Charles Seife. (Tishler, Sarah) (Entered: 05/24/2018)
2018-05-2583MOTION for Jean Hee Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15119162. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Seife. (Attachments: # 1 Affidavit Declaration in Support of Jean Hee Kim's Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order, # 3 Certificate of Good Standing CA Supreme Court)(Kim, Jean Hee) (Entered: 05/25/2018)
2018-05-25>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 83 MOTION for Jean Hee Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15119162. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 05/25/2018)
2018-05-2684ORDER granting 83 Motion for Jean Hee Kim to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 05/26/2018)
2018-05-2985CROSS MOTION for Summary Judgment . Document filed by Charles Seife.(Kenney, Cortelyou) (Entered: 05/29/2018)
2018-05-2986MEMORANDUM OF LAW in Support re: 85 CROSS MOTION for Summary Judgment . and in Opposition to Defendants' Motions for Summary Judgment . Document filed by Charles Seife. (Kenney, Cortelyou) (Entered: 05/29/2018)
2018-05-2987DECLARATION of Charles Seife in Support re: 85 CROSS MOTION for Summary Judgment .. Document filed by Charles Seife. (Kenney, Cortelyou) (Entered: 05/29/2018)
2018-05-2988DECLARATION of Dr. Peter Lurie in Support re: 85 CROSS MOTION for Summary Judgment .. Document filed by Charles Seife. (Kenney, Cortelyou) (Entered: 05/29/2018)
2018-05-2989DECLARATION of Dr. Diana Zuckerman in Support re: 85 CROSS MOTION for Summary Judgment .. Document filed by Charles Seife. (Kenney, Cortelyou) (Entered: 05/29/2018)
2018-05-2990DECLARATION of Cortelyou Kenney, Esq. in Support re: 85 CROSS MOTION for Summary Judgment .. Document filed by Charles Seife. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X - Part 1 (pages 1-90), # 25 Exhibit X - Part 2 (pages 91-188), # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC, # 31 Exhibit DD, # 32 Exhibit EE, # 33 Exhibit FF, # 34 Exhibit GG, # 35 Exhibit HH, # 36 Exhibit II)(Kenney, Cortelyou) (Entered: 05/29/2018)
2018-05-2991COUNTER STATEMENT TO 71 Rule 56.1 Statement. Document filed by Charles Seife. (Kenney, Cortelyou) (Entered: 05/29/2018)
2018-05-2992RULE 56.1 STATEMENT. Document filed by Charles Seife. (Kenney, Cortelyou) (Entered: 05/29/2018)
2018-05-2993MOTION to Strike Document No. 72 Declaration of Ian Estepan . Document filed by Charles Seife.(Kenney, Cortelyou) (Entered: 05/29/2018)
2018-05-2994MEMORANDUM OF LAW in Support re: 93 MOTION to Strike Document No. 72 Declaration of Ian Estepan . . Document filed by Charles Seife. (Kenney, Cortelyou) (Entered: 05/29/2018)
2018-06-1195CONSENT LETTER MOTION for Extension of Time to File Opposition to Motion to Strike & Summary Judgment Opposition/Reply addressed to Judge Jesse M. Furman from Dominika Tarczynska & Kristen Ittig dated June 11, 2018. Document filed by Department Of Health and Human Services, Food and Drug Administration.(Tarczynska, Dominika) (Entered: 06/11/2018)
2018-06-1296ORDER granting 95 Letter Motion for Extension of Time to File. Defendants and Defendant-Intervenors are granted until July 30, 2018 to respond to (1) Plaintiff's motion to strike (Docket No. 93 ), and (2) Plaintiff's cross-motion for summary judgment and reply in support of motions for summary judgment. Defendants and Defendant-Intervenors shall each file no more than one brief - that is, a consolidated brief in opposition and reply, as applicable. Further requests for extensions are unlikely to be granted. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 06/12/2018)
2018-07-1197FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Margaret Elanor McCarthy to Withdraw as Attorney . Document filed by Charles Seife.(McCarthy, Margaret) Modified on 7/24/2018 (db). (Entered: 07/11/2018)
2018-07-1698MEMO ENDORSEMENT granting 97 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Margaret E. McCarthy as counsel and to terminate Docket No. 97. SO ORDERED. Attorney Margaret Elanor McCarthy terminated. (Signed by Judge Jesse M. Furman on 7/16/2018) (ne) (Entered: 07/16/2018)
2018-07-3099REPLY MEMORANDUM OF LAW in Support re: 74 MOTION for Summary Judgment . & Opposition to Plaintiff's Cross-Motion for Summary Judgment & Opposition to Plaintiff's Motion to Strike . Document filed by Department Of Health and Human Services, Food and Drug Administration. (Tarczynska, Dominika) (Entered: 07/30/2018)
2018-07-30100DECLARATION of Howard R. Philips in Support re: 74 MOTION for Summary Judgment .. Document filed by Department Of Health and Human Services, Food and Drug Administration. (Attachments: # 1 Exhibit 1)(Tarczynska, Dominika) (Entered: 07/30/2018)
2018-07-30101RESPONSE in Opposition to Motion re: 69 MOTION for Summary Judgment ., 85 CROSS MOTION for Summary Judgment . Sarepta Therapeutics, Inc.'s Response in Opposition to Plaintiff's Motion for Summary Judgment and Reply in Further Support of its Motion for Summary Judgment . Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 07/30/2018)
2018-07-30102MEMORANDUM OF LAW in Opposition re: 93 MOTION to Strike Document No. 72 Declaration of Ian Estepan . . Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 07/30/2018)
2018-07-30103COUNTER STATEMENT TO 92 Rule 56.1 Statement. Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 07/30/2018)
2018-07-30104RESPONSE to Motion re: 69 MOTION for Summary Judgment ., 85 CROSS MOTION for Summary Judgment . Declaration of Amanda Sherwood in further support of Sarepta's Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment . Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 07/30/2018)
2018-07-30105RESPONSE to Motion re: 93 MOTION to Strike Document No. 72 Declaration of Ian Estepan ., 69 MOTION for Summary Judgment ., 85 CROSS MOTION for Summary Judgment . Declaration of Ian Estepan in further support of Sarepta's Motion for Summary Judgment, in opposition to Plaintiff's Motion for Summary Judgment, and in opposition to Plaintiff's Motion to Strike . Document filed by Sarepta Therapeutics, Inc. (Bernstein, Daniel) (Entered: 07/30/2018)
2018-08-09106NOTICE OF CHANGE OF ADDRESS by Cortelyou Churchill Kenney on behalf of Charles Seife. New Address: Cornell Law School, First Amendment Clinic, Myron Taylor Hall, Ithaca, NY, United States 14853, (607) 255-8897. (Kenney, Cortelyou) (Entered: 08/09/2018)
2018-08-09107NOTICE OF CHANGE OF ADDRESS by David A. Schulz on behalf of Charles Seife. New Address: Ballard Spahr LLP, 1675 Broadway, 19th Floor, New York, NY, USA 10019, 212-850-6103. (Schulz, David) (Entered: 08/09/2018)
2018-08-09108LETTER MOTION for Extension of Time to File Reply addressed to Judge Jesse M. Furman from David A. Schulz dated August 9, 2018. Document filed by Charles Seife.(Schulz, David) (Entered: 08/09/2018)
2018-08-09109ORDER granting 108 Letter Motion for Extension of Time. Plaintiff's request for an extension is granted. The deadline for Plaintiff's Reply is now August 30, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/09/2018)
2018-08-24110ORDER: With respect to each of the motions filed in this case (i.e., the parties' motions and cross-motions for summary judgment and Plaintiff Charles Seife's Motion to Strike), the parties shall (1)submit paper courtesy copies of their briefs (but only their briefs) and (2) electronic courtesy copies of all materials in accordance with the following procedures. No later than September 7, 2018, the moving party shall submit electronic courtesy copies of all motion papers in electronic folders titled with the docket number of the relevant motion in brackets followed by a description of the motion (e.g., " 500 Plaintiff's Cross-Motion for Summary Judgment"). The folder shall contain: 1. Unredacted, text-searchable PDFs of (1) any pleading to which the motion relates (e.g., the operative complaint); (2) the notice of motion; and (3) the moving, opposition, and reply memoranda of law, each of which should be named with the docket number of the document in brackets followed by a description of the file (e.g., " 501 Plaintiff's Memorandum of Law in Support"); 2. A subfolder for each set of corresponding supporting documents titled with the docket number associated with the related memorandum of law, followed by (as appropriate) "Motion Documents," "Opposition Documents," or "Reply Documents," each of which shall contain: a. Unredacted, text-searchable PDFs of any and all corresponding supporting documents (e.g., Local Rule 56.1 Statements, declarations, affidavits, and affirmations), with any exhibits not filed under seal attached as part of the same PDF, each of which should be named with the docket number of the document (or the docket number of the corresponding document in the case of documents filed under seal or in redacted form) in brackets followed by a description of the file (e.g., " 504 Declaration of Brent Roberts"); and b. A sub-sub-folder containing unredacted, text-searchable PDFs of any exhibits to a supporting document, including any documents that were filed under seal or in redacted form, each of which should be named with the docket number of the corresponding document in brackets followed by "Sealed Exhibits to [LAST NAME] [Declaration/Affirmation/Affidavit]" (e.g., " 504 Sealed Exhibits to Roberts Declaration"). The names of the exhibits within the sub-sub-folder should correspond to the exhibit number (e.g., "Exhibit 1," "Exhibit 2," etc.), and need not include a description of the exhibit; and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/24/2018) (ne) Modified on 8/24/2018 (ne). Modified on 8/27/2018 (ne). Modified on 8/27/2018 (ne). (Entered: 08/24/2018)
2018-08-27111NOTICE OF APPEARANCE by Mark Howard Jackson on behalf of Charles Seife. (Jackson, Mark) (Entered: 08/27/2018)
2018-08-30112REPLY to Response to Motion re: 93 MOTION to Strike Document No. 72 Declaration of Ian Estepan ., 85 CROSS MOTION for Summary Judgment . . Document filed by Charles Seife. (Kenney, Cortelyou) (Entered: 08/30/2018)
2018-08-30113DECLARATION of Dr. Peter Lurie in Support re: 112 Reply to Response to Motion. Document filed by Charles Seife. (Kenney, Cortelyou) (Entered: 08/30/2018)
2018-08-30114DECLARATION of Charles Seife in Support re: 112 Reply to Response to Motion. Document filed by Charles Seife. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kenney, Cortelyou) (Entered: 08/30/2018)
2018-08-30115LETTER addressed to Judge Jesse M. Furman from Cortelyou C. Kenney dated August 30, 2018 re: Request for Oral Argument. Document filed by Charles Seife.(Kenney, Cortelyou) (Entered: 08/30/2018)
2018-09-12116NOTICE OF APPEARANCE by Christopher John Morten on behalf of Charles Seife. (Morten, Christopher) (Entered: 09/12/2018)
2018-09-24117LETTER addressed to Judge Jesse M. Furman from Cortelyou C. Kenney dated September 24, 2018 re: Request to Supplement the Record. Document filed by Charles Seife.(Kenney, Cortelyou) (Entered: 09/24/2018)
2018-09-28118NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Department Of Health and Human Services, Food and Drug Administration. (Aronoff, Peter) (Entered: 09/28/2018)
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