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Case TitleBioscience Advisors, Inc. v. United States Securities and Exchange Commission et al
DistrictNorthern District of California
CityOakland
Case Number4:2021cv00866
Date Filed2021-02-03
Date ClosedOpen
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffBioscience Advisors, Inc. a California corporation
Case DescriptionBioscience Advisors, Inc. submitted a series of FOIA requests to the Securities and Exchange Commission for records concerning requests by companies for confidential treatment of information and the expiration date of those confidentiality claims. In 2020, the SEC began to respond to Bioscience Advisors requests by telling the company that it found no records. Bioscience Advisors ultimately filed suit under both FOIA and the Federal Records Act.
Complaint issues: Failure to respond within statutory time limit, Litigation - Jurisdiction - Injunction

DefendantUnited States Securities and Exchange Commission
DefendantAllison Herren Lee in her official capacity as Acting Chair of the United States Securities and Exchange Commission
DefendantNational Archives and Records Administration
DefendantDavid S. Ferriero in his official capacity as Archivist of the United States
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-02-031NO PROCESS- COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15530987). Filed by Bioscience Advisors, Inc. (Attachments: # 1 Civil Cover Sheet)(Pehrson, Chad) (Filed on 2/3/2021) Modified on 2/4/2021 (anjS, COURT STAFF). (Entered: 02/03/2021)
2021-02-042Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/18/2021. (mbcS, COURT STAFF) (Filed on 2/4/2021) (Entered: 02/04/2021)
2021-02-043Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/4/2021. Initial Case Management Conference set for 5/11/2021 01:30 PM in Oakland, - To be determined. (anjS, COURT STAFF) (Filed on 2/4/2021) (Entered: 02/04/2021)
2021-02-164Proposed Summons. (Pehrson, Chad) (Filed on 2/16/2021) (Entered: 02/16/2021)
2021-02-165Proposed Summons. (Pehrson, Chad) (Filed on 2/16/2021) (Entered: 02/16/2021)
2021-02-166Proposed Summons. (Pehrson, Chad) (Filed on 2/16/2021) (Entered: 02/16/2021)
2021-02-177Summons Issued as to David S. Ferriero, U.S. Attorney and U.S. Attorney General (anjS, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021)
2021-02-178Summons Issued as to National Archives and Records Administration. (anjS, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021)
2021-02-179Summons Issued as to Allison Herren Lee, U.S. Attorney and U.S. Attorney General (anjS, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021)
2021-02-1810Proposed Summons. (Pehrson, Chad) (Filed on 2/18/2021) (Entered: 02/18/2021)
2021-02-19Electronic filing error . Name on Summons must match the corresponding name on the Complaint exactly. This filing will not be processed by the clerks office. Please re-file in its entirety. Re: 10 Proposed Summons filed by Bioscience Advisors, Inc. (anjS, COURT STAFF) (Filed on 2/19/2021) (Entered: 02/19/2021)
2021-02-2211Proposed Summons. (Pehrson, Chad) (Filed on 2/22/2021) (Entered: 02/22/2021)
2021-02-2212CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/8/2021. (dtmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)
2021-02-2313Summons Issued as to United States Securities and Exchange Commission, U.S. Attorney and U.S. Attorney General (anjS, COURT STAFF) (Filed on 2/23/2021) (Entered: 02/23/2021)
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by FOIA Project Staff
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