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Case TitleSTOTTER & ASSOCIATES LLC v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01976
Date Filed2018-08-23
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffSTOTTER & ASSOCIATES LLC
Case DescriptionThe law firm of Stotter & Associates submitted eight FOIA requests to the FDA for records concerning new drug applications for Albendazole. The agency acknowledged receipt of the requests. In response to each request, the agency told Stotter & Associates that it could neither confirm nor deny the existence of records concerning any NDAs for Albendazole. Stotter & Associates filed administrative appeals of those decisions, but after hearing nothing further from the agency, Stotter & Associates filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-231COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5655651) filed by STOTTER & ASSOCIATES LLC. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 08/23/2018)
2018-08-232REQUEST FOR SUMMONS TO ISSUE (x 3) filed by STOTTER & ASSOCIATES LLC.(Stotter, Daniel) (Entered: 08/23/2018)
2018-08-23Case Assigned to Judge Colleen Kollar-Kotelly. (zmd) (Entered: 08/27/2018)
2018-08-273SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 08/27/2018)
2018-08-284ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 08/28/18. (DM) (Entered: 08/28/2018)
2018-10-045ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Hendry, Melanie) (Entered: 10/04/2018)
2018-10-116ORDER. The parties shall file the schedule not later than NOVEMBER 12, 2018 . Signed by Judge Colleen Kollar-Kotelly on October 11, 2018. (lcckk1) (Entered: 10/11/2018)
2018-10-11Set/Reset Deadlines: Joint Status Report due by 11/12/2018. (dot) (Entered: 10/11/2018)
2018-11-137Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hendry, Melanie) (Entered: 11/13/2018)
2018-11-16MINUTE ORDER: The Court has received the parties' 7 Joint Status Report, which indicates that Defendant's processing of Plaintiff's Freedom of Information Act ("FOIA") requests has concluded and that the parties seek to resolve issues via summary judgment briefing. Accordingly, the Court shall adopt the parties' proposed schedule in the accompanying Scheduling and Procedures Order. Signed by Judge Colleen Kollar-Kotelly on November 16, 2018. (lcckk1) (Entered: 11/16/2018)
2018-11-168SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on November 16, 2018. (lcckk1) (Entered: 11/16/2018)
2018-11-16Set/Reset Deadlines: Plaintiff's Cross Motion due by 2/22/2019. Response to Cross Motion due by 3/22/2019. Reply to Cross Motion due by 4/12/2019. Defendant's Summary Judgment Motion due by 1/8/2019. Response to Motion for Summary Judgment due by 2/22/2019. Reply to Motion for Summary Judgment due by 3/22/2019. (dot) (Entered: 12/06/2018)
2019-01-049Consent MOTION to Stay in Light of Lapse in Appropriations by FOOD AND DRUG ADMINISTRATION (Hendry, Melanie) (Entered: 01/04/2019)
2019-01-04MINUTE ORDER: The Court has received Defendant's 9 Consent Motion to Stay Proceedings in Light of Lapse in Appropriations. The Court reminds Defendant that such motions "must be filed at least four (4) business days prior to the first affected deadline." Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly, ECF No. 4 , ¶ 7(A). Nevertheless, with Plaintiff's consent, and in an exercise of the Court's discretion, the Court shall GRANT Defendant's 9 Consent Motion. The Court shall STAY the deadline for Defendant's Motion for Summary Judgment otherwise due by January 8, 2019, as well as the subsequent deadlines in the Court's 8 Scheduling and Procedures Order. The deadlines are tolled commensurate with the length of the lapse of appropriations to the U.S. Department of Justice. The parties shall file a notice within two business days of the restoration of the U.S. Department of Justice's funding and the resumption of its operations. Signed by Judge Colleen Kollar-Kotelly on January 4, 2019. (lcckk1) (Entered: 01/04/2019)
2019-01-3010NOTICE of Restored Government Funding by FOOD AND DRUG ADMINISTRATION (Hendry, Melanie) (Entered: 01/30/2019)
2019-01-31MINUTE ORDER: The Court has received Defendant's 10 Notice of Restored Government Funding. Accordingly, the Court hereby LIFTS the stay in this matter. The Court revises the deadlines for the parties' summary judgment briefing in the accompanying Amended Scheduling and Procedures Order. Signed by Judge Colleen Kollar-Kotelly on January 31, 2019. (lcckk1) (Entered: 01/31/2019)
2019-01-3111AMENDED SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on January 31, 2019. (lcckk1) (Entered: 01/31/2019)
2019-02-0612Unopposed MOTION for Extension of Time to File Summary Judgment And To Modify Briefing Schedule by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William). Added MOTION to Modify on 2/6/2019 (ztd). (Entered: 02/06/2019)
2019-02-06MINUTE ORDER: The Court has received Defendant's 12 Unopposed Motion for Extension of Time to File Motion for Summary Judgment and to Modify Briefing Schedule. Plaintiff does not oppose the relief sought. Accordingly, the Court shall GRANT Defendant's 12 Unopposed Motion, for good cause shown. In the accompanying Second Amended Scheduling and Procedures Order, the Court adopts a slightly adjusted version of the parties' proposed modified schedule for summary judgment briefing. Signed by Judge Colleen Kollar-Kotelly on February 6, 2019. (lcckk1) (Entered: 02/06/2019)
2019-02-0613SECOND AMENDED SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on February 6, 2019. (lcckk1) (Entered: 02/06/2019)
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by FOIA Project Staff
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