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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 ClosedOpen
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
Complaint attachment 1
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 . 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 . (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: . (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)
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by FOIA Project Staff
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