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Case TitleThermoLife International LLC v. United States Department of Health and Human Services
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2017cv04049
Date Filed2017-11-02
Date ClosedOpen
JudgeJudge John J Tuchi
PlaintiffThermoLife International LLC
Case DescriptionThermoLife International submitted a FOIA request to the FDA for records concerning the removal of two compounds from a 2014 bill amending the Controlled Substances Act to more effectively regulate anabolic steroids. The bill as introduced listed 27 different compounds, but the enacted bill did not include the two compounds. The FDA provided some information from its Office of Legislative Affairs, but indicated that the rest of the request was assigned to the complex track. After hearing nothing further from the agency, ThermoLife International filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-021COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14827683 filed by ThermoLife International LLC (submitted by Julia Wagner). (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (DXD) (Entered: 11/03/2017)
2017-11-022Corporate Disclosure Statement by ThermoLife International LLC (submitted by Julia Wagner). (DXD) (Entered: 11/03/2017)
2017-11-023SUMMONS Submitted by ThermoLife International LLC (submitted by Julia Wagner). (DXD) (Entered: 11/03/2017)
2017-11-024Filing fee paid, receipt number 0970-14827683. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-17-04049-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DXD) (Entered: 11/03/2017)
2017-11-025NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (DXD) (Entered: 11/03/2017)
2017-11-036Summons Issued as to United States Department of Health and Human Services. (DXD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/03/2017)
2017-11-067ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 11/6/17. (JAMA) (Entered: 11/06/2017)
2017-11-068ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on February 1, 2018. (See attached Order). Signed by Judge John J Tuchi on 11/6/17. (JAMA) (Entered: 11/06/2017)
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by FOIA Project Staff