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Case TitleLATHAM & WATKINS LLP v. U.S. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01867
Date Filed2019-06-25
Date Closed2020-05-11
JudgeJudge Timothy J. Kelly
PlaintiffLATHAM & WATKINS LLP
Case DescriptionThe law firm of Latham Watkins submitted two FOIA requests to the FDA. The first request asked for records concerning any new drug application containing amifampridine. The second FOIA request asked for records concerning any new drug applications for amifampridine submitted by Jacobus Pharmaceutical or Catalyst Pharmaceutical. The agency acknowledged receipt of the requests. Latham Watkins told the agency that it was aware that some responsive records pertaining to Jacobus and Catalyst applications were available on the agency's website and would be considered responsive to its request. However, after hearing nothing further from the agency, Latham Watkins filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. FOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-251COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number 0090-6212720) filed by LATHAM & WATKINS LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons to FDA, # 7 Summons to U.S. Attorney General, # 8 Summons to U.S. Attorney for D.C.)(Prins, Andrew) (Entered: 06/25/2019)
2019-06-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LATHAM & WATKINS LLP (Prins, Andrew) (Entered: 06/25/2019)
2019-06-253NOTICE of Appearance by Ryan S. Baasch on behalf of LATHAM & WATKINS LLP (Baasch, Ryan) (Entered: 06/25/2019)
2019-06-27Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 06/27/2019)
2019-06-274SUMMONS (3) Issued Electronically as to U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/27/2019)
2019-07-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/28/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/28/2019. (Baasch, Ryan) (Entered: 07/19/2019)
2019-07-296First MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Mussenden, Paul) (Entered: 07/29/2019)
2019-07-317Memorandum in opposition to re 6 First MOTION for Extension of Time to File Answer re 1 Complaint, filed by LATHAM & WATKINS LLP. (Attachments: # 1 Text of Proposed Order)(Prins, Andrew) (Entered: 07/31/2019)
2019-08-01MINUTE ORDER: Upon consideration of Defendant's 6 Motion for Extension and Plaintiff's 7 response, it is hereby ORDERED, for good cause shown, that Defendant's motion is GRANTED IN PART. Defendant shall answer or otherwise respond to the complaint no later than August 19, 2019. Signed by Judge Timothy J. Kelly on 8/1/2019. (lctjk2) (Entered: 08/01/2019)
2019-08-198ANSWER to Complaint by U.S. FOOD AND DRUG ADMINISTRATION.(Mussenden, Paul) (Entered: 08/19/2019)
2019-08-20MINUTE ORDER: Before the Court in this FOIA action are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure no later than September 10, 2019. Signed by Judge Timothy J. Kelly on 8/20/2019. (lctjk2) (Entered: 08/20/2019)
2019-09-109Joint STATUS REPORT by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 09/10/2019)
2019-09-11MINUTE ORDER: In light of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by October 18, 2019. Signed by Judge Timothy J. Kelly on 9/11/2019. (lctjk2) (Entered: 09/11/2019)
2019-10-1810Joint STATUS REPORT by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 10/18/2019)
2019-10-21MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that Defendant shall process and produce the subset of documents referenced in the parties' Joint Status Report, ECF No. 10 at 1, by January 17, 2020. It is further ORDERED that the parties shall file a joint status report, including, if necessary, a proposed briefing schedule, no later than February 3, 2020. Signed by Judge Timothy J. Kelly on 10/21/19. (lctjk2) (Entered: 10/21/2019)
2020-02-0311Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Mussenden, Paul) (Entered: 02/03/2020)
2020-02-04MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 6, 2020. Signed by Judge Timothy J. Kelly on 2/4/20. (lctjk2) (Entered: 02/04/2020)
2020-03-0512Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Mussenden, Paul) (Entered: 03/05/2020)
2020-03-06MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by April 10, 2020. Signed by Judge Timothy J. Kelly on 3/6/20. (lctjk2) (Entered: 03/06/2020)
2020-04-0913Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Mussenden, Paul) (Entered: 04/09/2020)
2020-04-09MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by May 11, 2020. Signed by Judge Timothy J. Kelly on 4/9/20. (lctjk2) (Entered: 04/09/2020)
2020-04-10Set/Reset Deadlines: Joint Status Report due by 5/11/2020. (zkh) (Entered: 04/10/2020)
2020-05-1114STIPULATION of Dismissal by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 05/11/2020)
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by FOIA Project Staff
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