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Case TitleNew York Times Company et al v. U.S. Food and Drug Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv04740
Date Filed2019-05-22
Date ClosedOpen
JudgeJudge Valerie E. Caproni
PlaintiffNew York Times Company
PlaintiffSheila Kaplan
Case DescriptionNew York Times reporter Sheila Kaplan submitted two FOIA requests to the FDA for records concerning Juul Labs. The agency acknowledged receipt of the requests. The agency told Kaplan that her first request would require pre-disclosure notification to obtain the company's confidentiality claims. In response to Kaplan's second FOIA request, the agency withheld the records under Exemption 7(A) (interference with ongoing investigation or proceeding). Kaplan filed an administrative appeal of the agency's decision. After hearing nothing further from the agency pertaining to either request, Kaplan and the New York Times Company filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Food and Drug Administration
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-221COMPLAINT against U.S. Food and Drug Administration. (Filing Fee $ 400.00, Receipt Number ANYSDC-16937957)Document filed by Sheila Kaplan, New York Times Company.(McCraw, David) (Entered: 05/22/2019)
2019-05-222FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Times Company.(McCraw, David) Modified on 5/23/2019 (ldi). (Entered: 05/22/2019)
2019-05-223REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Food and Drug Administration, re: 1 Complaint. Document filed by Sheila Kaplan, New York Times Company. (McCraw, David) (Entered: 05/22/2019)
2019-05-224CIVIL COVER SHEET filed. (McCraw, David) (Entered: 05/22/2019)
2019-05-23CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at . 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 . (dnh) (Entered: 05/23/2019)
2019-05-23Magistrate 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: . (dnh) (Entered: 05/23/2019)
2019-05-23Case Designated ECF. (dnh) (Entered: 05/23/2019)
2019-05-235ELECTRONIC SUMMONS ISSUED as to U.S. Food and Drug Administration. (dnh) (Entered: 05/23/2019)
2019-05-23***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Edward McCraw to RE-FILE Document 2 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) (Entered: 05/23/2019)
2019-05-236NOTICE OF APPEARANCE by Dana Robinson Green on behalf of Sheila Kaplan, New York Times Company. (Green, Dana) (Entered: 05/23/2019)
2019-05-237RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock, Inc. for New York Times Company, Sheila Kaplan. Document filed by Sheila Kaplan, New York Times Company.(McCraw, David) (Entered: 05/23/2019)
2019-05-248NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/19/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni, as further set forth in this order. (Signed by Judge Valerie E. Caproni on 5/24/2019) (jwh) (Entered: 05/24/2019)
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by FOIA Project Staff
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