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Case TitleNatural Resources Defense Council, Inc. v. U.S. Food and Drug Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv07703
Date Filed2020-09-18
Date ClosedOpen
JudgeJudge Valerie E. Caproni
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the FDA for records concerning the NRDC's petitions to ban pesticides. NRDC also requested a fee waiver. The agency acknowledged receipt of the request. The agency responded to part of the request. However, after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Fees, Litigation - Attorney's fees

DefendantU.S. Food and Drug Administration
DefendantAll Defendants
U.S. Food and Drug Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-181COMPLAINT against U.S. Food and Drug Administration. (Filing Fee $ 400.00, Receipt Number ANYSDC-21731107)Document filed by Natural Resources Defense Council, Inc...(Rodriguez Gonzalez, Gonzalo) (Entered: 09/18/2020)
2020-09-182CIVIL COVER SHEET filed..(Rodriguez Gonzalez, Gonzalo) (Entered: 09/18/2020)
2020-09-183FILING 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 Natural Resources Defense Council, Inc...(Rodriguez Gonzalez, Gonzalo) Modified on 9/21/2020 (pc). (Entered: 09/18/2020)
2020-09-184MOTION for Gonzalo E. Rodriguez Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21731214. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Affidavit Affidavit Rodriguez, # 2 Exhibit Standing Certificate Rodriguez, # 3 Text of Proposed Order Proposed Order Rodriguez).(Rodriguez Gonzalez, Gonzalo) (Entered: 09/18/2020)
2020-09-18>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Gonzalo E. Rodriguez Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21731214. Motion and supporting papers to be reviewed by Clerk's Office staff . The document has been reviewed and there are no deficiencies. (aea) (Entered: 09/18/2020)
2020-09-21***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gonzalo E Rodriguez Gonzalez. The party information for the following party/parties has been modified: Natural Resources Defense Council, Inc., U.S. Food and Drug Administration. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) (Entered: 09/21/2020)
2020-09-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gonzalo E Rodriguez Gonzalez to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Party name on summons must exactly match;. 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: 09/21/2020)
2020-09-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 09/21/2020)
2020-09-21Magistrate Judge Sarah L. Cave 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 09/21/2020)
2020-09-21Case Designated ECF. (pc) (Entered: 09/21/2020)
2020-09-215REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Food and Drug Administration, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc...(Rodriguez Gonzalez, Gonzalo) (Entered: 09/21/2020)
2020-09-216ORDER FOR ADMISSION PRO HAC VICE granting 4 MOTION for Gonzalo E. Rodriguez Gonzalez to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 9/21/2020) (jca) (Entered: 09/21/2020)
2020-09-227NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on November 6, 2020 at 11:30 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 7703. Counsel should submit their proposed case management plan and joint letter as outlined below. This Court encourages plaintiffs to serve defendants promptly. The parties are directed to submit a joint letter of no more than five pages by October 29, 2020, addressing the following in separate paragraphs: as set forth herein. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. And as set forth herein. SO ORDERED., ( Telephone Conference set for 11/6/2020 at 11:30 AM before Judge Valerie E. Caproni.) Initial Conference set for 11/6/2020 at 11:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/22/2020) (ama) (Entered: 09/22/2020)
2020-09-228ELECTRONIC SUMMONS ISSUED as to U.S. Food and Drug Administration..(dnh) (Entered: 09/22/2020)
2020-09-289RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc...(Rodriguez Gonzalez, Gonzalo) (Entered: 09/28/2020)
2020-10-0510NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of U.S. Food and Drug Administration..(Teleanu, Natasha) (Entered: 10/05/2020)
2020-10-1411MOTION for Selena Katherine Kyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22132514. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit CA certificate of good standing, # 3 Exhibit IL certificate of good standing, # 4 Exhibit OH certificate of good standing, # 5 Text of Proposed Order).(Kyle, Selena) (Entered: 10/14/2020)
2020-10-14>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Selena Katherine Kyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22132514. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 10/14/2020)
2020-10-1512ORDER GRANTING ADMISSION PRO HAC VICE: granting 11 Motion for Selena Katherine Kyle to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/15/2020) (ama) (Entered: 10/15/2020)
2020-10-1913AFFIDAVIT OF SERVICE. U.S. Food and Drug Administration served on 9/24/2020, answer due 11/23/2020. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Rodriguez Gonzalez, Gonzalo) (Entered: 10/19/2020)
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