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Case TitleNEXT GENERATION PET FOOD MANUFACTURERS ASSOCIATION v. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01841
Date Filed2020-07-08
Date Closed2022-03-04
JudgeJudge Randolph D. Moss
PlaintiffNEXT GENERATION PET FOOD MANUFACTURERS ASSOCIATION
Case DescriptionThe Next Generation Pet Food Manufacturers Association submitted a FOIA request to the FDA for records concerning testing of 1000 pet food samples for bacteria. The agency acknowledged receipt of the request and told NGPFMA that it would take 16-20 months to process the request. After hearing nothing further from the agency, NGPFMA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-081COMPLAINT against FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7314899) filed by NEXT GENERATION PET FOOD MANUFACTURERS ASSOCIATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons)(Wayne, Merrick) (Entered: 07/08/2020)
2020-07-082NOTICE of Appearance by Merrick Jason Wayne on behalf of NEXT GENERATION PET FOOD MANUFACTURERS ASSOCIATION (Wayne, Merrick) (Entered: 07/08/2020)
2020-07-083NOTICE of Appearance by Matthew Topic on behalf of NEXT GENERATION PET FOOD MANUFACTURERS ASSOCIATION (Topic, Matthew) (Entered: 07/08/2020)
2020-07-09Case Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 07/09/2020)
2020-07-094SUMMONS (4) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/09/2020)
2020-07-095STANDING ORDER: It is hereby ORDERED that the parties shall comply with the directives set forth in the Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/9/2020. (lcrdm1) (Entered: 07/09/2020)
2020-07-276NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of All Defendants (Palmer-Ball, Katherine) (Entered: 07/27/2020)
2020-08-217ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Palmer-Ball, Katherine) (Entered: 08/21/2020)
2020-08-25MINUTE ORDER: It is ORDERED that, on or before September 15, 2020, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on September 22, 2020, at 2:00 p.m, before Judge Randolph D. Moss. The parties can obtain a teleconference number and access code from the deputy clerk prior to the conference. Signed by Judge Randolph D. Moss on 08/25/2020. (lcrdm1) (Entered: 08/25/2020)
2020-09-158Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 09/15/2020)
2020-09-16MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 8 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 16, 2020. Signed by Judge Randolph D. Moss on 09/16/2020. (lcrdm1) (Entered: 09/16/2020)
2020-09-22Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Initial Scheduling Conference held on 9/22/2020. Joint Status Report remains due by 11/16/2020. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/22/2020)
2020-09-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 7/22/2020 (Wayne, Merrick) (Entered: 09/24/2020)
2020-09-2410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/22/2020 (Wayne, Merrick) (Entered: 09/24/2020)
2020-09-2411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/23/2020. (Wayne, Merrick) (Entered: 09/24/2020)
2020-09-2412RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/23/2020. Answer due for ALL FEDERAL DEFENDANTS by 8/22/2020. (Wayne, Merrick) (Entered: 09/24/2020)
2020-11-1613Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 11/16/2020)
2020-11-19MINUTE ORDER: Upon consideration of Parties' joint status report, Dkt. 13 , it is hereby ORDERED that Parties shall file a further joint status report on or before January 15, 2021. Signed by Judge Randolph D. Moss on 11/19/2020. (lcrdm1) (Entered: 11/19/2020)
2021-01-1514Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 01/15/2021)
2021-01-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 16, 2021. Signed by Judge Randolph D. Moss on 01/15/2021. (lcrdm1) (Entered: 01/15/2021)
2021-02-1615Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 02/16/2021)
2021-02-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 18, 2021. Signed by Judge Randolph D. Moss on 02/17/2021. (lcrdm1) (Entered: 02/17/2021)
2021-03-1816Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 03/18/2021)
2021-03-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 19, 2021. Signed by Judge Randolph D. Moss on 03/18/2021. (lcrdm1) (Entered: 03/18/2021)
2021-04-1917Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 04/19/2021)
2021-04-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 19, 2021. Signed by Judge Randolph D. Moss on 04/19/2021. (lcrdm1) (Entered: 04/19/2021)
2021-05-1918Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 05/19/2021)
2021-05-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 18, 2021. Signed by Judge Randolph D. Moss on 05/19/2021. (lcrdm1) (Entered: 05/19/2021)
2021-06-1819Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 06/18/2021)
2021-06-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 19, 2021. Signed by Judge Randolph D. Moss on 06/20/2021. (lcrdm1) (Entered: 06/20/2021)
2021-07-1920Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 07/19/2021)
2021-07-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 18, 2021. Signed by Judge Randolph D. Moss on 07/19/2021. (lcrdm1) (Entered: 07/19/2021)
2021-07-3021NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of All Defendants Substituting for attorney AUSA Katherine Palmer-Ball (Quinn, Thomas) (Entered: 07/30/2021)
2021-08-1822Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 08/18/2021)
2021-08-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 17, 2021. Signed by Judge Randolph D. Moss on 08/19/2021. (lcrdm1) (Entered: 08/19/2021)
2021-09-1723Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 09/17/2021)
2021-09-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 22, 2021. Signed by Judge Randolph D. Moss on 09/20/2021. (lcrdm1) (Entered: 09/20/2021)
2021-10-2224Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 10/22/2021)
2021-10-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 17, 2021. Signed by Judge Randolph D. Moss on 10/24/2021. (lcrdm1) (Entered: 10/24/2021)
2021-12-1725Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 12/17/2021)
2021-12-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 14, 2022. Signed by Judge Randolph D. Moss on 12/19/2021. (lcrdm1) (Entered: 12/19/2021)
2022-01-1426Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 01/14/2022)
2022-01-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 14, 2022. Signed by Judge Randolph D. Moss on 1/14/2022. (lcrdm1) (Entered: 01/14/2022)
2022-02-1427Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 02/14/2022)
2022-02-16MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 14, 2022. Signed by Judge Randolph D. Moss on 2/16/2022. (lcrdm1) (Entered: 02/16/2022)
2022-03-0328STIPULATION of Dismissal by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 03/03/2022)
2022-03-04MINUTE ORDER: Upon consideration of the parties' stipulation of dismissal, Dkt. 28 , it is hereby ORDERED that the case is DISMISSED with prejudice. The Clerk of Court is directed to terminate the case. Signed by Judge Randolph D. Moss on 3/4/2022. (lcrdm1) (Entered: 03/04/2022)
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