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Case TitleKeefe v. U.S. Food & Drug Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv06752
Date Filed2019-07-19
Date ClosedOpen
JudgeJudge Laura Taylor Swain
PlaintiffPatrick Radden Keefe
Case DescriptionInvestigative journalist Patrick Keefe submitted a FOIA request to the FDA for records concerning the approval process for OxyContin. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Keefe filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Food & Drug Administration
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-191COMPLAINT against U.S. Food & Drug Administration. (Filing Fee $ 400.00, Receipt Number ANYSDC-17278146)Document filed by Patrick Radden Keefe. (Attachments: # 1 Exhibit A)(Novack, Daniel) (Entered: 07/19/2019)
2019-07-192CIVIL COVER SHEET filed. (Novack, Daniel) (Entered: 07/19/2019)
2019-07-193REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Food & Drug Administration, re: 1 Complaint. Document filed by Patrick Radden Keefe. (Novack, Daniel) (Entered: 07/19/2019)
2019-07-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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: 07/22/2019)
2019-07-22Magistrate Judge Kevin Nathaniel Fox 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: 07/22/2019)
2019-07-22Case Designated ECF. (pc) (Entered: 07/22/2019)
2019-07-224ELECTRONIC SUMMONS ISSUED as to U.S. Food & Drug Administration. (pc) (Entered: 07/22/2019)
2019-08-025AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. U.S. Food & Drug Administration served on 8/2/2019, answer due 9/3/2019. Service was made by Mail. Document filed by Patrick Radden Keefe. (Novack, Daniel) (Entered: 08/02/2019)
2019-08-096ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/09/2019) (ama) (Entered: 08/09/2019)
2019-08-157NOTICE OF APPEARANCE by Steven John Kochevar on behalf of U.S. Food & Drug Administration. (Kochevar, Steven) (Entered: 08/15/2019)
2019-08-268LETTER MOTION for Extension of Time to Respond to Plaintiff's Complaint addressed to Magistrate Judge Kevin Nathaniel Fox from Steven J. Kochevar dated August 26, 2019. Document filed by U.S. Food & Drug Administration.(Kochevar, Steven) (Entered: 08/26/2019)
2019-09-039ORDER granting 8 Letter Motion by the defendant for Extension of Time, to October 3, 2019, to respond to the complaint. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) (Entered: 09/03/2019)
2019-10-0310ANSWER to 1 Complaint. Document filed by U.S. Food & Drug Administration.(Kochevar, Steven) (Entered: 10/03/2019)
2019-10-1811ORDER: Initial Conference set for 11/12/2019 at 10:00 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/18/2019) (ks) (Entered: 10/18/2019)
2019-11-0112LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Steven J. Kochevar dated November 1, 2019. Document filed by U.S. Food & Drug Administration.(Kochevar, Steven) (Entered: 11/01/2019)
2019-11-0613ORDER granting 12 Letter Motion to Adjourn Conference Initial Conference set for 11/21/2019 at 02:00 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) (Entered: 11/06/2019)
2019-11-1314JOINT LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Steven J. Kochevar dated November 13, 2019 re: Exemption from Certain Aspects of Rule 26 and Request to Not Submit a Questionnaire in Advance of the November 21, 2019 Initial Conference. Document filed by U.S. Food & Drug Administration.(Kochevar, Steven) (Entered: 11/13/2019)
2019-11-1415MEMO ENDORSEMENT on re: 14 Letter, filed by U.S. Food & Drug Administration ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/14/2019) (ks) (Entered: 11/14/2019)
2019-11-21Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: An Initial Pretrial Conference was held on 11/21/2019. (Midwood, Laura) (Entered: 11/22/2019)
2019-12-1216PROPOSED STIPULATION AND ORDER. Document filed by U.S. Food & Drug Administration. (Kochevar, Steven) (Entered: 12/12/2019)
2019-12-1717STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED that 1. FDA will review at least 2,000 pages of documents potentially responsive to Categories One through Four of Plaintiff's FOIA request and release all non-exempt documents in whole or in part consistent with the agency's duty to release all reasonably segregable non-exempt responsive records. FDA will commence this production within 30 days of entry of this Order, and will complete this production within 75 days of entry of this Order. As further set forth herein. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/16/2019) (ks) (Entered: 12/17/2019)
2020-03-3018LETTER MOTION for Extension of Time and Clarificatin of Modification of Stipulation addressed to Magistrate Judge Kevin Nathaniel Fox from AUSA Steven J. Kochevar dated March 30, 2020. Document filed by U.S. Food & Drug Administration..(Kochevar, Steven) (Entered: 03/30/2020)
2020-04-0119ORDER granting 18 Letter Motion for modification of the order appearing at Docket Entry No. 17 and an extension of time to April 27, 2020, to complete certain tasks. Docket Entry No.17 is hereby modified consistent with the request outlined in the letter appearing at Docket No. 18. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) (Entered: 04/01/2020)
2020-06-1620ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above captioned action on July 14, 2020, at 2:00 p.m. All counsel are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Telephone Conference set for 7/14/2020 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/16/2020) (va) (Entered: 06/16/2020)
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