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Case TitlePublic Health and Medical Professionals for Transparency v. Food and Drug Administration
DistrictNorthern District of Texas
CityFort Worth
Case Number4:2021cv01058
Date Filed2021-09-16
Date ClosedOpen
JudgeJudge Mark Pittman
PlaintiffPublic Health and Medical Professionals for Transparency
Case DescriptionPublic Health and Medical Professionals for Transparency submitted a FOIA request to the FDA for records concerning data on the Pfizer vaccine. PHMDT also requested expedited processing. The agency acknowledged receipt of the request and denied PHMDT's request for expedited processing. After hearing nothing further from the agency, PHMDT filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Expedited processing

DefendantFood and Drug Administration
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

2021-09-161COMPLAINT against Food and Drug Administration filed by Public Health and Medical Professionals for Transparency. (Fee paid, Receipt Number 0539-12224637, $402.00) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A.1 - FOIA Request, # 2 Exhibit(s) A.2 - Confirmation of FOIA Submission, # 3 Exhibit(s) A.3 - FDA Acknowledgment of FOIA Request, # 4 Exhibit(s) A.4 - FDA Denial Letter, # 5 Cover Sheet) (Howie, John) Modified docket text to add filing fee payment information on 9/16/2021 (pef). (Entered: 09/16/2021)
2021-09-162CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Public Health and Medical Professionals for Transparency. (Attachments: # 1 Declaration(s) of Rule 7.1 Statement) (Howie, John) (Entered: 09/16/2021)
2021-09-163New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (pef) (Entered: 09/16/2021)
2021-09-164Summons issued as to Food and Drug Administration, U.S. Attorney, and U.S. Attorney General. (pef) (Entered: 09/16/2021)
2021-09-165Summons Reissued as to Food and Drug Administration, U.S. Attorney, and U.S. Attorney General. (Clerk note: Summons re-issued upon filing attorney's request to reflect updated address of attorney) (pef) (Entered: 09/16/2021)
2021-09-236***DISREGARD/ATTORNEY TO REFILE*** Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12246465) filed by Public Health and Medical Professionals for Transparency (Attachments: # 1 Additional Page(s) Certificate of Good Standing)Attorney Gabrielle G Palmer added to party Public Health and Medical Professionals for Transparency(pty:pla) (Palmer, Gabrielle) Modified on 9/24/2021 (mmw). (Entered: 09/23/2021)
2021-09-247Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Public Health and Medical Professionals for Transparency (Palmer, Gabrielle) (Entered: 09/24/2021)
2021-09-248Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12247815) filed by Public Health and Medical Professionals for Transparency (Siri, Aaron) (Entered: 09/24/2021)
2021-09-249Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12247971) filed by Public Health and Medical Professionals for Transparency Attorney Elizabeth A Brehm added to party Public Health and Medical Professionals for Transparency(pty:pla) (Brehm, Elizabeth) (Entered: 09/24/2021)
2021-09-2410ELECTRONIC ORDER granting 7 Application for Admission Pro Hac Vice of Gabrielle G. Palmer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 9/24/2021) (chmb) (lcarm) (Entered: 09/24/2021)
2021-09-2411ELECTRONIC ORDER granting 8 Application for Admission Pro Hac Vice of Aaron Siri. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 9/24/2021) (chmb) (lcarm) (Entered: 09/24/2021)
2021-09-2412ELECTRONIC ORDER granting 9 Application for Admission Pro Hac Vice of Elizabeth A. Brehm. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 9/24/2021) (chmb) (lcarm) (Entered: 09/24/2021)
2021-10-1813NOTICE of Attorney Appearance by Courtney Danielle Enlow on behalf of Food and Drug Administration. (Filer confirms contact info in ECF is current.) (Enlow, Courtney) (Entered: 10/18/2021)
2021-10-1814ANSWER to 1 Complaint,,,,,, filed by Food and Drug Administration. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Enlow, Courtney) (Entered: 10/18/2021)
2021-10-1815CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Food and Drug Administration. (Enlow, Courtney) (Entered: 10/18/2021)
2021-10-1816ORDER: As a result of the Scheduling Conference, counsel shall prepare and submit a Report Regarding Contents of Scheduling Order ("Joint Report"). The Joint Report shall be filed on or before November 5, 2021. (Ordered by Judge Mark Pittman on 10/18/2021) (pef) (Entered: 10/18/2021)
2021-10-2017SUMMONS Returned Executed as to Food and Drug Administration, served on 9/23/2021; Food and Drug Administration (U.S. Attorney), served on 09/24/2021; Food and Drug Administration (U.S. Attorney General), served on 09/27/2021. (Attachments: # 1 Exhibit(s) A - Proof of Service on Defendant, # 2 Exhibit(s) B - Proof of Service on Civil Process Clerk, # 3 Exhibit(s) C - Proof of Service on Attorney General of USA) (Siri, Aaron) Modified service dates on 10/25/2021 (pef). (Entered: 10/20/2021)
2021-11-0518Joint Submission on Discovery Matters submitted by Public Health and Medical Professionals for Transparency. Related document: 16 Order for Scheduling Order Proposal,. (Siri, Aaron) (Entered: 11/05/2021)
2021-11-1019ORDER: Accordingly, to clarify the purpose or necessity of a scheduling conference, the Court ORDERS the Parties to submit a Second Joint Report on or before November 15, 2021. The Second Joint Report shall apprise the Court of whether a scheduling conference is needed. If not, the Second Joint Report shall also include proposed deadlines for an expedited briefing schedule, if necessary. (Ordered by Judge Mark Pittman on 11/10/2021) (pef) (Entered: 11/10/2021)
2021-11-1520Second STATUS REPORT (Joint) filed by Public Health and Medical Professionals for Transparency. (Attachments: # 1 Certificate of Service) (Siri, Aaron) (Entered: 11/15/2021)
2021-11-1821ORDER: The Court therefore ORDERS that a scheduling conference will be held at 9:00 a.m. on Tuesday, December 14, 2021, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. Should the Parties like to file briefs and/or appendices, the Parties must file on or before December 6, 2021. If either Party files a brief and/or appendix, the other Party may file a response brief and/or appendix on or before December 13, 2021. (Ordered by Judge Mark Pittman on 11/18/2021) (pef) (Entered: 11/18/2021)
2021-12-0622Brief/Memorandum in Support filed by Food and Drug Administration re 21 Order Setting Deadline/Hearing,, (Enlow, Courtney) (Entered: 12/06/2021)
2021-12-0623Appendix in Support filed by Food and Drug Administration re 22 Brief/Memorandum in Support of Motion (Enlow, Courtney) (Entered: 12/06/2021)
2021-12-0624*** DISREGARD - SEE 26 FOR CORRECT IMAGE *** Brief/Memorandum in Support filed by Public Health and Medical Professionals for Transparency re 21 Order Setting Deadline/Hearing,, (Siri, Aaron) Modified on 12/7/2021 (wxc). (Entered: 12/06/2021)
2021-12-0725*** DISREGARD - SEE 27 FOR CORRECT IMAGE *** Appendix in Support filed by Public Health and Medical Professionals for Transparency re 24 Brief/Memorandum in Support of Motion (Attachments: # 1 Additional Page(s), # 2 Additional Page(s)) (Siri, Aaron) Modified on 12/7/2021 (wxc). (Entered: 12/07/2021)
2021-12-0726Brief/Memorandum in Support filed by Public Health and Medical Professionals for Transparency re 21 Order Setting Deadline/Hearing,, (Siri, Aaron) (Entered: 12/07/2021)
2021-12-0727Appendix in Support filed by Public Health and Medical Professionals for Transparency re 26 Brief/Memorandum in Support of Motion (Siri, Aaron) (Entered: 12/07/2021)
2021-12-0928NOTICE of Attorney Appearance by Antonia Konkoly on behalf of Food and Drug Administration. (Filer confirms contact info in ECF is current.) (Konkoly, Antonia) (Entered: 12/09/2021)
2021-12-1329REPLY filed by Food and Drug Administration re: 26 Brief/Memorandum in Support of Motion (Konkoly, Antonia) (Entered: 12/13/2021)
2021-12-1330Appendix in Support filed by Food and Drug Administration re 29 Reply (Konkoly, Antonia) (Entered: 12/13/2021)
2021-12-1331REPLY filed by Public Health and Medical Professionals for Transparency re: 22 Brief/Memorandum in Support of Motion (Siri, Aaron) (Entered: 12/13/2021)
2021-12-1332Appendix in Support filed by Public Health and Medical Professionals for Transparency re 31 Reply (Siri, Aaron) (Entered: 12/13/2021)
2021-12-1433ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Scheduling Conference held on 12/14/2021. Attorney Appearances: Plaintiff - John Howie, Jr., Aaron Siri; Defense - Antonia Konkoly. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - 1:10. (chmb) (Entered: 12/14/2021)
2021-12-1634Notice of Filing of Official Electronic Transcript of Scheduling Conference Proceedings held on December 14, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (55 pages) Redaction Request due 1/6/2022. Redacted Transcript Deadline set for 1/18/2022. Release of Transcript Restriction set for 3/16/2022. (mwg) (Main Document 34 replaced on 12/23/2021) (tle). (Entered: 12/16/2021)
2022-01-0635ORDER: Having considered the Parties' arguments, filings in support, and the applicable law, the Court ORDERS that: 1. The FDA shall produce the "more than 12,000 pages" articulated in its own proposal, see ECF No. 29 at 24, on or before 1/31/2022. 2. The FDA shall produce the remaining documents at a rate of 55,000 pages every 30 days, with the first production being due on or before 3/01/2022, until production is complete. 3. To the extent the FDA asserts any privilege, exemption, or exclusion as to any responsive record or portion thereof, FDA shall, concurrent with each production required by this Order, produce a redacted version of the record, redacting only those portions as to which privilege, exemption, or exclusion is asserted. 4. The Parties shall submit a Joint Status Report detailing the progress of the rolling production by 4/1/2022, and every 90 days thereafter. (Ordered by Judge Mark Pittman on 1/6/2022) (twd) (Entered: 01/06/2022)
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