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Case TitleThe New York Times Company et al v. Food and Drug Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv05640
Date Filed2019-06-17
Date Closed2020-09-09
JudgeJudge Paul G. Gardephe
PlaintiffThe New York Times Company
PlaintiffDanielle Ivory
PlaintiffNatasha Singer
Case DescriptionNew York Times reporters Danielle Ivory and Natasha Singer submitted a FOIA request to the FDA for records concerning the agency's Digital Health Software Precertification Program. Ivory and Singer also requested expedited processing. The agency acknowledged receipt of the request and denied Ivory and Singer's request for expedited processing. Ivory and Singer contacted FDA several times in attempts to expedite the request, but after hearing nothing further from the agency, Ivory, Singer, and the New York Times 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
Opinion/Order [14]
Opinion/Order [16]
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-171COMPLAINT against U.S. Food and Drug Administration. (Filing Fee $ 400.00, Receipt Number ANYSDC-17099253)Document filed by The New York Times Company, Natasha Singer, Danielle Ivory. (Attachments: # 1 Exhibit A)(McCraw, David) (Entered: 06/17/2019)
2019-06-172CIVIL COVER SHEET filed. (McCraw, David) (Entered: 06/17/2019)
2019-06-173RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Blackrock, Inc. for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 06/17/2019)
2019-06-174NOTICE OF APPEARANCE by Dana Robinson Green on behalf of Danielle Ivory, Natasha Singer, The New York Times Company. (Green, Dana) (Entered: 06/17/2019)
2019-06-175FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Food and Drug Administration, re: 1 Complaint. Document filed by Danielle Ivory, Natasha Singer, The New York Times Company. (McCraw, David) Modified on 6/18/2019 (pc). (Entered: 06/17/2019)
2019-06-18***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Edward McCraw. The party information for the following party/parties has been modified: U.S. Food and Drug Administration. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) (Entered: 06/18/2019)
2019-06-18***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Edward McCraw to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name on summons and caption title must match the complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 06/18/2019)
2019-06-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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 . (pc) (Entered: 06/18/2019)
2019-06-18Magistrate Judge Barbara C. Moses 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 . (pc) (Entered: 06/18/2019)
2019-06-18Case Designated ECF. (pc) (Entered: 06/18/2019)
2019-06-186REQUEST FOR ISSUANCE OF SUMMONS as to Food and Drug Administration, re: 1 Complaint. Document filed by Danielle Ivory, Natasha Singer, The New York Times Company. (McCraw, David) (Entered: 06/18/2019)
2019-06-197ELECTRONIC SUMMONS ISSUED as to Food and Drug Administration. (dnh) (Entered: 06/19/2019)
2019-06-198NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 10/3/2019 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/19/2019) (jca) (Entered: 06/19/2019)
2019-07-229ANSWER to 1 Complaint. Document filed by Food and Drug Administration.(Rovner, Allison) (Entered: 07/22/2019)
2019-09-2610INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. with proposed schedule and joint request to adjourn conference Document filed by Food and Drug Administration.(Rovner, Allison) (Entered: 09/26/2019)
2019-10-0211MEMO ENDORSEMENT on re: 10 Initial Report of Parties Before Pretrial Conference filed by Food and Drug Administration. ENDORSEMENT: The schedule agreed to by the Parties is acceptable to the Court. The conference is adjourned to Feb. 27, 2020 at 10:00 a.m. SO ORDERED. (Initial Conference set for 2/27/2020 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 10/2/2019) (jca) (Entered: 10/03/2019)
2019-11-0812NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of Danielle Ivory, Natasha Singer, The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 11/08/2019)
2020-02-1313JOINT LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Charles Crain dated 2/13/2020. Document filed by Danielle Ivory, Natasha Singer, The New York Times Company..(Crain, Charles) (Entered: 02/13/2020)
2020-02-1914ORDER granting 13 JOINT LETTER MOTION to Adjourn Conference. The Application is granted. The Conference is adjourned to April 2, 2020 at 10:00 a.m. SO ORDERED. Initial Conference set for 4/2/2020 at 10:00 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 2/19/2020) (jca) (Entered: 02/19/2020)
2020-03-2715JOINT LETTER MOTION to Adjourn Conference and letter providing joint status report addressed to Judge Paul G. Gardephe from Allison Rovner dated March 27, 2020. Document filed by Food and Drug Administration..(Rovner, Allison) (Entered: 03/27/2020)
2020-03-2716ORDER granting 15 JOINT LETTER MOTION to Adjourn Conference and letter providing joint status report. The conference currently scheduled for April 2, 2020 is adjourned to May 28, 2020 at 10 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. Initial Conference set for 5/28/2020 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 3/27/2020) (jca) (Entered: 03/27/2020)
2020-04-2717STATUS REPORT. Document filed by Food and Drug Administration..(Rovner, Allison) (Entered: 04/27/2020)
2020-04-2818MEMO ENDORSEMENT on re: 17 Status Report filed by Food and Drug Administration. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/28/2020) (jca) (Entered: 04/28/2020)
2020-05-2119JOINT LETTER MOTION to Adjourn Conference and letter providing joint status report addressed to Judge Paul G. Gardephe from AUSA Allison Rovner dated May 21, 2020. Document filed by Food and Drug Administration..(Rovner, Allison) (Entered: 05/21/2020)
2020-05-2220ORDER granting 19 JOINT LETTER MOTION to Adjourn Conference and letter providing joint status report. The application is granted. The conference previously scheduled for May 28, 2020 will take place on July 23, 2020 at 10 a.m. SO ORDERED. Initial Conference set for 7/23/2020 at 10:00 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 5/22/2020) (jca) (Entered: 05/22/2020)
2020-07-1621STATUS REPORT. and request to cancel initial conference Document filed by Food and Drug Administration..(Rovner, Allison) (Entered: 07/16/2020)
2020-07-1722MEMO ENDORSEMENT on re: 21 Status Report filed by Food and Drug Administration. ENDORSEMENT: The application is granted. The July 23, 2020 conference is adjourned sine die SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/17/20) (yv) (Entered: 07/20/2020)
2020-08-2123LETTER MOTION for Extension of Time to submit stipulation and proposed order resolving matter addressed to Judge Paul G. Gardephe from AUSA Allison Rovner dated August 21, 2020. Document filed by Food and Drug Administration..(Rovner, Allison) (Entered: 08/21/2020)
2020-08-2424ORDER granting 23 LETTER MOTION for Extension of Time to submit stipulation and proposed order resolving matter. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/24/2020) (jca) (Entered: 08/24/2020)
2020-09-0825PROPOSED STIPULATION AND ORDER. Document filed by Food and Drug Administration..(Rovner, Allison) (Entered: 09/08/2020)
2020-09-0926STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, as follows: 1. FDA's October 31, 2019, November 26, 2019, December 31, 2019, January 31, 2020, and May 1, 2020 productions fully resolve any and all claims that Plaintiffs now have or may hereinafter acquire against Defendant or the United States of America (the "United States"), or any department, agency, officer, or employee of Defendant and/or the United States, relating to or arising out of the FOIA Request. 2. This action is hereby dismissed with prejudice pursuant to Rule 41(a)(l) (A)(ii) of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. 3. The Parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the Parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/9/2020) (jca) (Entered: 09/09/2020)
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