Skip to content

Case Detail

[Subscribe to updates]
Case TitleFaruqi & Faruqi, LLP v. United States Food and Drug Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv03140
Date Filed2018-04-10
Date ClosedOpen
JudgeJudge Ronnie Abrams
PlaintiffFaruqi & Faruqi, LLP
Case DescriptionThe law firm of Faruqi & Faruqi submitted a FOIA request to the FDA for records concerning the National Advertising Division's case, Allergan v. Synergy Pharmaceuticals. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the law firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Food and Drug Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-101COMPLAINT against United States Food and Drug Administration. (Filing Fee $ 400.00, Receipt Number 0208-14923046)Document filed by Faruqi & Faruqi, LLP.(Gonnello, Richard) (Entered: 04/10/2018)
2018-04-102CIVIL COVER SHEET filed. (Gonnello, Richard) (Entered: 04/10/2018)
2018-04-103REQUEST FOR ISSUANCE OF SUMMONS as to United States Food and Drug Administration, re: 1 Complaint. Document filed by Faruqi & Faruqi, LLP. (Gonnello, Richard) (Entered: 04/10/2018)
2018-04-11CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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 . (pne) (Entered: 04/11/2018)
2018-04-11Magistrate Judge Henry B. Pitman 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 . (pne) (Entered: 04/11/2018)
2018-04-11Case Designated ECF. (pne) (Entered: 04/11/2018)
2018-04-114ELECTRONIC SUMMONS ISSUED as to United States Food and Drug Administration. (pne) (Entered: 04/11/2018)
2018-04-125AFFIDAVIT OF SERVICE of Complaint for Declaratory Judgment and Injunctive Relief and Exhibit 1 thereto; Civil Cover Sheet; and Summons served on United States Food and Drug Administration on April 11, 2018. Service was accepted by Israel Minaya Representative of SDNY. Service was made by Mail. Document filed by Faruqi & Faruqi, LLP. (Gonnello, Richard) (Entered: 04/12/2018)
2018-04-276ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that counsel for all parties appear for an initial status conference June 29, 2018, at 4:00 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED that, no later than June 22, 2018, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs: 1. A brief description of the materials sought, the basis thereof, and the status of any productions already made; 2. A brief description of any claimed exemptions from production; 3. Proposed schedules for gathering, processing, and producing documents, as well as for filing any related briefing; and 4. Any other information that the parties believe may assist the Court. Plaintiff is ordered to serve Defendant with a copy of this Order and to file an affidavit on ECF certifying that such service has been effectuated. SO ORDERED. Initial Conference set for 6/29/2018 at 04:00 PM in Courtroom 1506, 40 Foley Square, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 4/27/2018) (rj) (Entered: 04/27/2018)
2018-04-307AFFIDAVIT OF SERVICE of Order and Notice of Initial Conference served on United States Food and Drug Administration on 04/27/2018. Service was accepted by Haojun Li, Representative of U.S. Attorney's Office. Service was made by Mail. Document filed by Faruqi & Faruqi, LLP. (Gonnello, Richard) (Entered: 04/30/2018)
2018-05-098STIPULATION AND ORDER MODIFYING FOIA REQUEST: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the Parties as follows: 1. In response to the March& Request and April 18 Request (collectively, the "Requests"), FDA will process the documents described in Exhibit A to this stipulation and proposed order (the "Stipulation"), which reflect the Parties' agreement as to the modified scope of the Requests (the "Joint Proposal"). 2. FDA will process those documents described in the Joint Proposal by reviewing each document for responsiveness to the Requests as modified by the Joint Proposal and this Stipulation, and redacting or withholding information subject to applicable FOIA exemptions. 3. Within fifteen days of the execution of the Stipulation by all Parties, and every fifteen days thereafter, the FDA will produce to Plaintiff any non-exempt documents subject to redactions for any applicable FOIA exemptions that were processed by that date. The deadlines in this Paragraph may be modified by written agreement of the Parties. 4. The FDA will complete processing of the documents described in the Joint Proposal by thirty days from the entry of this Stipulation by the Court and at that time will produce to Plaintiff any remaining non-exempt documents subject to redactions for any applicable FOIA exemptions resolve the dispute without further litigation. In the event the Parties are not able to resolve the dispute, the Parties will propose a schedule to the Court for summary judgment briefing as to the disputed exemptions once processing is complete. 6. Plaintiff waives any claim or entitlement to attorneys' fees from the commencement of this action through the entry date of this Stipulation. Nothing in this paragraph modifies the substantive legal standard otherwise applicable under law governing any claim for attorneys' fees. (Signed by Judge Ronnie Abrams on 5/9/2018) (js) Modified on 5/10/2018 (js). (Entered: 05/10/2018)
2018-05-119ANSWER to 1 Complaint. Document filed by United States Food and Drug Administration.(Mohan, Sharanya) (Entered: 05/11/2018)
Hide Docket Events
by FOIA Project Staff