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Case TitleFINKELSTEIN v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02337
Date Filed2017-11-06
Date Closed2019-04-15
JudgeJudge Royce C. Lamberth
PlaintiffKATHERINE EBAN FINKELSTEIN
Case DescriptionBarbara Finkelstein, a contributing editor to Fortune Magazine, submitted a FOIA request to the FDA for records concerning meetings scheduled or attended by Thomas Cosgrove, Acting Director of the Center for Drug Evaluation's Office of Compliance, in February and March 2016. The agency acknowledged receipt of the request. After attempting to ascertain the status of her request, the FDA told Finkelstein that her request was 295 out of 587 requests in the queue and that it would take 12-18 months to respond to her request. Finkelstein then filed suit.
Complaint issues: Failure to respond within statutory time limit, 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

2017-11-061COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5193501) filed by Katherine Eban Finkelstein. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sorenson, C.) (Entered: 11/06/2017)
2017-11-06Case Assigned to Judge Royce C. Lamberth. (md) (Entered: 11/08/2017)
2017-11-132SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 11/13/2017)
2017-12-203NOTICE of Appearance by William Mark Nebeker on behalf of FOOD AND DRUG ADMINISTRATION (Nebeker, William) (Entered: 12/20/2017)
2017-12-214ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Nebeker, William) (Entered: 12/21/2017)
2017-12-275ORDER directing the government to file a Vaughn Index with a supporting motion to dismiss or for summary judgment by 1/22/2018. Signed by Judge Royce C. Lamberth on 12/22/17. (lsj) (Entered: 12/27/2017)
2018-01-166Unopposed MOTION for Extension of Time to File Vaughn Index And Supporting Motion by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/16/2018)
2018-01-167ERRATA (correcting signature block) by FOOD AND DRUG ADMINISTRATION 6 Unopposed MOTION for Extension of Time to File Vaughn Index And Supporting Motion filed by FOOD AND DRUG ADMINISTRATION. (Nebeker, William) (Entered: 01/16/2018)
2018-01-228ORDER granting 6 Motion for Extension of Time to File Vaughn Index and Supporting Motion. Joint Status Report due by 2/12/2018. Signed by Judge Royce C. Lamberth on 1/19/18. (lsj) (Entered: 01/22/2018)
2018-02-129Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 02/12/2018)
2018-03-0810Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 03/08/2018)
2018-03-2211Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 03/22/2018)
2018-06-1312STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 06/13/2018)
2018-08-1413SCHEDULING ORDER: Cross Motions due by 11/19/2018. Response to Cross Motions due by 12/19/2018. Reply to Cross Motions due by 1/9/2019. Vaughn Index due by 10/19/2018. Signed by Judge Royce C. Lamberth on 8/14/18. (lsj) (Entered: 08/14/2018)
2018-10-1914ENTERED IN ERROR.....MOTION for Summary Judgment by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Declaration Sager, # 2 Exhibit Vaughn Index, # 3 Declaration Kotler, # 4 Text of Proposed Order)(Nebeker, William) Modified on 10/23/2018 (znmw). (Entered: 10/19/2018)
2018-10-1915MOTION for Summary Judgment by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Declaration (Declaration of Nancy B. Sager), # 2 Declaration ((Declaration of Sarah Kotler), # 3 (Vaughn Index), # 4 Text of Proposed Order)(Nebeker, William) (Entered: 10/19/2018)
2018-10-23NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 14 MOTION for Summary Judgment was entered in error and was refiled by counsel as Docket Entry 15 MOTION for Summary Judgment. (znmw) (Entered: 10/23/2018)
2018-11-1516ENTERED IN ERROR.....Unopposed MOTION to Stay by KATHERINE EBAN FINKELSTEIN (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) Modified on 11/16/2018 (jf). (Entered: 11/15/2018)
2018-11-1617Unopposed MOTION to Stay (Corrected) by KATHERINE EBAN FINKELSTEIN (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 11/16/2018)
2018-11-16NOTICE OF CORRECTED DOCKET ENTRY: Document No.re 16 Unopposed MOTION to Stay was entered in error and refiled by counsel. (See Docket Entry 17 to view document(jf) (Entered: 11/16/2018)
2018-11-2618ORDER granting 17 Motion to Stay. Signed by Judge Royce C. Lamberth on 11/21/2018. (lcrcl3) (Entered: 11/26/2018)
2018-11-26Case Stayed. Set/Reset Deadlines: Joint Status Report due by 12/17/2018 (lsj) (Entered: 11/26/2018)
2018-12-0719NOTICE OF PRODUCTION AND FILING by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Declaration Supplemental Sager Declaration, # 2 Exhibit Supplemental Vaughn Index)(Nebeker, William) (Entered: 12/07/2018)
2018-12-1420Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 12/14/2018)
2019-01-0921NOTICE of Appearance by Sean Terrell Malone on behalf of KATHERINE EBAN FINKELSTEIN (Malone, Sean) (Entered: 01/09/2019)
2019-02-0122Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Malone, Sean) (Entered: 02/01/2019)
2019-04-0123Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Nebeker, William) (Entered: 04/01/2019)
2019-04-1224STIPULATION of Dismissal and Settlement by KATHERINE EBAN FINKELSTEIN. (Malone, Sean) (Entered: 04/12/2019)
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by FOIA Project Staff
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