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Case TitleCitizens Commission on Human Rights v. United States Food and Drug Administration
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2018cv05320
Date Filed2018-06-14
Date ClosedOpen
JudgeJudge Consuelo B. Marshall
PlaintiffCitizens Commission on Human Rights
Case DescriptionThe Citizens Commission on Human Rights submitted a FOIA request to the FDA for records concerning communications between the agency and MECTA, a medical device manufacturer of electro-convulsive therapy devices. The FDA acknowledged receipt of the request and one year later asked CCHR if it still wanted the records. CCHR confirmed that it was still interested. After hearing nothing further, CCHR filed an administrative appeal but after hearing nothing further from the agency, CCHR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Food and Drug Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-141COMPLAINT Receipt No: 0973-21931961 - Fee: $400, filed by Plaintiff Citizens Commission on Human Rights. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Attorney Kendrick L Moxon added to party Citizens Commission on Human Rights(pty:pla))(Moxon, Kendrick) (Entered: 06/14/2018)
2018-06-142CIVIL COVER SHEET filed by Plaintiff Citizens Commission on Human Rights. (Moxon, Kendrick) (Entered: 06/14/2018)
2018-06-143Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Citizens Commission on Human Rights. (Moxon, Kendrick) (Entered: 06/14/2018)
2018-06-144NOTICE of Interested Parties filed by plaintiff Citizens Commission on Human Rights, (Moxon, Kendrick) (Entered: 06/14/2018)
2018-06-155NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Jean P. Rosenbluth. (car) (Entered: 06/15/2018)
2018-06-15660 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant United States Food and Drug Administration. (car) (Entered: 06/15/2018)
2018-06-187STANDING ORDER by Judge Consuelo B. Marshall: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND MAY DIFFER IN SOME RESPECTS FROM THE LOCAL RULES. (see document for further details) (bm) (Entered: 06/18/2018)
2018-09-218STIPULATION for Extension of Time to File Answer to 10/01/2018 re Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Food and Drug Administration. (Attachments: # 1 Proposed Order Extending Time to Respond to Complaint)(Attorney Jason K Axe added to party United States Food and Drug Administration(pty:dft))(Axe, Jason) (Entered: 09/21/2018)
2018-10-019STIPULATION for Extension of Time to File Answer to 10/15/2018 re Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Food and Drug Administration. (Attachments: # 1 Proposed Order Extending Time to Respond to Complaint)(Axe, Jason) (Entered: 10/01/2018)
2018-10-0210ORDER EXTENDING TIME TO RESPOND TO COMPLAINT 9 by Judge Consuelo B. Marshall: IT IS SO ORDERED that Defendant shall have an extension of time, up to and including October 15, 2018, within which to answer, plead, or otherwise respond to Plaintiff's Complaint. (bm) (Entered: 10/03/2018)
2018-10-1611STIPULATION for Extension of Time to File Answer to 11/05/2018 re Complaint (Attorney Civil Case Opening), 1 , Order Extending Answer Due Deadline, 10 filed by Defendant United States Food and Drug Administration. (Attachments: # 1 Proposed Order Extending Time to Respond to Complaint)(Axe, Jason) (Entered: 10/16/2018)
2018-10-1712ORDER EXTENDING TIME TO RESPOND TO COMPLAINT 11 granting Stipulation by Judge Consuelo B. Marshall: IT IS SO ORDERED that Defendant shall have an extension of time, up to and including November 5, 2018, within which to answer, plead, or otherwise respond to Plaintiff's Complaint. (bm) (Entered: 10/18/2018)
2018-11-0513STIPULATION for Extension of Time to File Answer to 11/19/2018 re Order Extending Answer Due Deadline, 12 , Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Food and Drug Administration. (Attachments: # 1 Proposed Order Extending Time to Respond to Complaint)(Axe, Jason) (Entered: 11/05/2018)
2018-11-0614ORDER EXTENDING TIME TO RESPOND TO COMPLAINT 13 by Judge Consuelo B. Marshall: IT IS SO ORDERED that Defendant shall have an extension of time, up to and including November 19, 2018, within which to answer, plead, or otherwise respond to Plaintiff's Complaint. (bm) (Entered: 11/08/2018)
2018-11-1915STIPULATION for Extension of Time to File Answer to 12/10/2018 re Complaint (Attorney Civil Case Opening), 1 , Order Extending Answer Due Deadline, 14 filed by Defendant United States Food and Drug Administration. (Attachments: # 1 Proposed Order Extending Time to Respond to Complaint)(Axe, Jason) (Entered: 11/19/2018)
2018-11-2616ORDER EXTENDING TIME TO RESPOND TO COMPLAINT by Judge Consuelo B. Marshall. IT IS SO ORDERED that Defendant shall have an extension of time, up to and including December 10, 2018, within which to answer, plead, or otherwise respond to Plaintiffs Complaint. (yl) (Entered: 11/26/2018)
2018-12-1017ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Food and Drug Administration.(Axe, Jason) (Entered: 12/10/2018)
2018-12-1818MINUTES (IN CHAMBERS) ORDER SETTING SCHEDULING CONFERENCE by Judge Consuelo B. Marshall: On the Court's own motion, this case is set for a Scheduling Conference on MARCH 26, 2019 at 9:30 A. M. pursuant to FRCP 16(b). Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the Scheduling Conference. (See minutes for further details) (yl) (Entered: 12/19/2018)
2018-12-2719EX PARTE APPLICATION to Stay Case pending DEFENDANT'S EX PARTE APPLICATION FOR A STAY OF THE ENTIRE CASE DUE TO THE LAPSE OF APPROPRIATIONS; DECLARATION OF DAVID M. HARRIS; [PROPOSED ORDER] filed by Defendant United States Food and Drug Administration. (Attachments: # 1 Declaration of David M. Harris, # 2 Proposed Order) (Attorney David M Harris added to party United States Food and Drug Administration(pty:dft)) (Harris, David) (Entered: 12/27/2018)
2018-12-2820MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall: GRANTING 19 EX PARTE APPLICATION to Stay Case. The Court has read and considered the Defendants ex parte application to stay the case due to the lapse in appropriations. (Dkt. No. 19.) The Court ORDERS that the case is stayed until March 1, 2019, or until the date that funding for the Department of Justice is restored, whichever date occurs first. At that time, the parties are ORDERED to file a joint status report informing the Court of the status of the case and requesting that the stay be lifted. (shb) (Entered: 12/28/2018)
2019-02-1221STATUS REPORT RE STAY (Joint) filed by Defendant United States Food and Drug Administration. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 02/12/2019)
2019-02-1422MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: re: STATUS REPORT RE STAY 21 . The stay of proceedings is lifted. The parties request for an automatic stay of all proceedings in the event of another lapse of appropriations in February 2019 is denied. To the extent the parties seek another stay of proceedings if another lapse in appropriations occurs, the parties must file a stipulation or request to stay proceedings at that time. (shb) (Entered: 02/14/2019)
2019-03-1923JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 days, filed by Defendant United States Food and Drug Administration.. (Axe, Jason) (Entered: 03/19/2019)
2019-03-2624MINUTES OF SCHEDULING CONFERENCE held before Judge Consuelo B. Marshall. The case is called and counsel state their appearance. The Court and counsel confer. Following discussions with the parties, the Court will continue this hearing to June 4, 2019 at 10:00 a.m. Counsel shall file another joint status report by no later than May 28, 2019 as stated on the record. Court Reporter: Lisa Gonzalez. (shb) (Entered: 04/04/2019)
2019-05-1425Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Jimenez Barragan counsel for Defendant United States Food and Drug Administration. Adding Matthew J. Barragan as counsel of record for United States Food and Drug Administration for the reason indicated in the G-123 Notice. Filed by Defendant United States Food and Drug Administration. (Attorney Matthew Jimenez Barragan added to party United States Food and Drug Administration(pty:dft))(Barragan, Matthew) (Entered: 05/14/2019)
2019-05-1526Notice of Appearance or Withdrawal of Counsel: for attorney Jason K Axe counsel for Defendant United States Food and Drug Administration. Jason K. Axe is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant United States Food and Drug Administration. (Axe, Jason) (Entered: 05/15/2019)
2019-05-1627Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Jimenez Barragan counsel for Defendant United States Food and Drug Administration. David M. Harris is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant United States Food and Drug Administration. (Barragan, Matthew) (Entered: 05/16/2019)
2019-05-2828STATUS REPORT (Joint) filed by Defendant United States Food and Drug Administration. (Barragan, Matthew) (Entered: 05/28/2019)
2019-06-1029MINUTES OF SCHEDULING CONFERENCE held before Judge Consuelo B. Marshall. Following discussions with the parties, the Court sets July 25, 2019 for the bond index to be provided to the Plaintiff as stated on the record. The Court sets the following dates: Defendant to file and serve his motion for summary judgment no later than October 1, 2019. Plaintiff will file cross motion for summary judgment no later than November 1, 2019. Hearing on cross motions for summary judgment to be heard on January 14, 2020 at 10:00 a.m. Defendant's reply/opposition is due no later than December 1, 2019. Plaintiff will file any reply no later than December 15, 2019. Court Reporter: Sheri Kleeger. (shb) (Entered: 06/10/2019)
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by FOIA Project Staff
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