| Date Filed | Doc # | Docket Text |
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| 2009-12-22 | 1 | COMPLAINT against FOOD AND DRUG ADMINISTRATION, US DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 350, receipt number 4616026276) filed by MATRIXX INITIATIVES, INC., BUC & BEARDSLEY, LLP. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 12/28/2009) |
| 2009-12-22 | | SUMMONS (4) Issued as to FOOD AND DRUG ADMINISTRATION, US DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 12/28/2009) |
| 2009-12-22 | 2 | LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MATRIXX INITIATIVES, INC. identifying Corporate Parent NONE for MATRIXX INITIATIVES, INC.. (rdj) (Entered: 12/28/2009) |
| 2009-12-29 | 3 | ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on December 29, 2009. (SM) (Entered: 12/29/2009) |
| 2010-01-04 | 4 | SUMMONS Returned Executed by MATRIXX INITIATIVES, INC., BUC & BEARDSLEY, LLP. FOOD AND DRUG ADMINISTRATION served on 12/28/2009, answer due 1/27/2010; US DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/28/2009, answer due 1/27/2010. (Shepard, Carmen) (Entered: 01/04/2010) |
| 2010-01-21 | 5 | NOTICE of Appearance by Addy Schmitt on behalf of FOOD AND DRUG ADMINISTRATION (Schmitt, Addy) (Entered: 01/21/2010) |
| 2010-01-21 | 6 | MOTION to Dismiss by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Declaration of Frederick J. Sadler, # 3 Exhibit A to Sadler Declaration, # 4 Exhibit B to Sadler Declaration, # 5 Exhibit C to Sadler Declaration, # 6 Exhibit D to Sadler Declaration, # 7 Exhibit E to Sadler Declaration, # 8 Exhibit F to Sadler Declaration, # 9 Exhibit G to Sadler Declaration, # 10 Exhibit H to Sadler Declaration, # 11 Exhibit I to Sadler Declaration, # 12 Exhibit J to Sadler Declaration)(Schmitt, Addy) (Entered: 01/21/2010) |
| 2010-02-02 | 10 | AMENDED COMPLAINT against FOOD AND DRUG ADMINISTRATION, US DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by MATRIXX INITIATIVES, INC., BUC & BEARDSLEY, LLP, NANCY L. BUC, MADHUSHA DISSANAYAKE.(znmw, ) (Entered: 02/04/2010) |
| 2010-02-03 | 7 | NOTICE of Appearance by Nancy Lillian Buc on behalf of BUC & BEARDSLEY, LLP, MATRIXX INITIATIVES, INC. (Buc, Nancy) (Entered: 02/03/2010) |
| 2010-02-03 | 8 | Memorandum in opposition to re 6 MOTION to Dismiss filed by BUC & BEARDSLEY, LLP, MATRIXX INITIATIVES, INC.. (Attachments: # 1 Declaration of Nancy L. Buc, # 2 Exhibit 1 to Buc Declaration, # 3 Exhibit 2 to Buc Declaration, # 4 Exhibit 3 to Buc Declaration, # 5 Exhibit 4 to Buc Declaration, # 6 Exhibit 5 to Buc Declaration, # 7 Exhibit 6 to Buc Declaration, # 8 Exhibit 7 to Buc Declaration, # 9 Exhibit 8 to Buc Declaration, # 10 Exhibit 9 to Buc Declaration, # 11 Exhibit 10 to Buc Declaration, # 12 Exhibit 11 to Buc Declaration)(Shepard, Carmen) (Entered: 02/03/2010) |
| 2010-02-03 | 9 | MOTION for Summary Judgment by BUC & BEARDSLEY, LLP, MATRIXX INITIATIVES, INC. (Attachments: # 1 Declaration of Nancy L. Buc, # 2 Exhibit 1 to Buc Declaration, # 3 Exhibit 2 to Buc Declaration, # 4 Exhibit 3 to Buc Declaration, # 5 Exhibit 4 to Buc Declaration, # 6 Exhibit 5 to Buc Declaration, # 7 Exhibit 6 to Buc Declaration, # 8 Exhibit 7 to Buc Declaration, # 9 Exhibit 8 to Buc Declaration, # 10 Exhibit 9 to Buc Declaration, # 11 Exhibit 10 to Buc Declaration, # 12 Exhibit 11 to Buc Declaration)(Shepard, Carmen) (Entered: 02/03/2010) |
| 2010-02-12 | 11 | MOTION for Leave to File Supplement to Plantiffs' Opposition to Defendant's Motion to Dismiss by NANCY L. BUC, BUC & BEARDSLEY, LLP, MADHUSHA DISSANAYAKE, MATRIXX INITIATIVES, INC. (Attachments: # 1 Declaration of Nancy L. Buc, # 2 Exhibit 1 to Second Declaration of Nancy L. Buc)(Shepard, Carmen) (Entered: 02/12/2010) |
| 2010-02-12 | | MINUTE ORDER (paperless). Plaintiffs initially filed their complaint in this matter on December 22, 2009, alleging violations of the Freedom of Information Act ("FOIA"). On January 21, 2010, Defendant filed a 6 Motion to Dismiss the complaint. Plaintiffs have on February 2, 2010 filed an 10 Amended Complaint, pursuant to Fed. R. Civ. P. 15(a). In light of this filing, Defendant's 6 Motion to Dismiss the original complaint is DENIED AS MOOT. In addition, the Court notes that Plaintiffs filed a 9 Motion for Summary Judgment on February 3, 2010. The Court hereby adopts the following briefing schedule, which provides for a brief extension in the relevant deadlines in consideration of the recent inclement weather: Defendant's opposition and cross-motion for summary judgment, if any, are due on or before March 1, 2010; Plaintiffs' reply in support of its motion and opposition to Defendant's cross-motion, if any, are due on or before March 15, 2010; and Defendant's reply in support of its cross-motion, if any, is due on or before March 29, 2010. Finally, the Court notes that Plaintiffs filed a 11 Motion for Leave to Supplement Plaintiffs' Opposition to Defendant's Motion to Dismiss on February 12, 2010. Given the Court's ruling denying the Defendant's motion as moot, the Court hereby DENIES AS MOOT Plaintiffs' 11 Motion for Leave to File as well. Signed by Judge Colleen Kollar-Kotelly on February 12, 2010. (lcckk2 ) (Entered: 02/12/2010) |
| 2010-02-18 | 12 | ANSWER to 10 Amended Complaint by FOOD AND DRUG ADMINISTRATION. Related document: 10 Amended Complaint filed by BUC & BEARDSLEY, LLP, NANCY L. BUC, MATRIXX INITIATIVES, INC., MADHUSHA DISSANAYAKE.(Schmitt, Addy) (Entered: 02/18/2010) |
| 2010-02-26 | | MINUTE ORDER (paperless). On February 24, 2010, Plaintiffs in this case filed an identical complaint (save for the identify of the named plaintiffs) in Civ. Act. No. 10cv293. It appears to the Court that Plaintiffs did so in response to Defendants' assertion in their 12 answer that this Court lacks subject matter jurisdiction over the amended complaint because the original Plaintiffs in this case lack standing to sue under FOIA and are therefore without the power to amend the complaint. In light of Plaintiffs' filing of this related case, in which the same claims are asserted against Defendants, the Court suggests that the most efficient course of action at this time would be to dismiss the instant complaint and proceed to consider the merits of Plaintiffs' complaint in the context of the related action. Given the identical nature of the substantive claims at issue in these two cases, it would appear that an answer could be filed on an expedited basis in the related action in order to avoid further delay in resolution of Plaintiffs' claims. The Court therefore STAYS the briefing schedule currently in place in this case until further Court order in order to permit the parties additional time to discuss if such an agreement may be reached. The parties shall file a joint status report with the Court, by no later than March 5, 2010, advising as to whether the parties have reached an agreement as to the manner in which the litigation of these two related cases should proceed. Signed by Judge Colleen Kollar-Kotelly on February 26, 2010. (lcckk2) (Entered: 02/26/2010) |
| 2010-02-26 | | Set/Reset Deadlines: Joint Status Report due by 3/5/2010. (dot, ) (Entered: 03/02/2010) |
| 2010-03-05 | 13 | STATUS REPORT (Joint) by FOOD AND DRUG ADMINISTRATION. (Schmitt, Addy) (Entered: 03/05/2010) |
| 2010-03-05 | | MINUTE ORDER (paperless). Upon consideration of the parties' Joint Status Report filed in Civ. Act. No. 9cv2406 and the positions set forth therein, the Court orders as follows: (1) Defendant shall file an answer to the complaint in Civ. Act. No. 10cv293 no later than March 15, 2010; and (2) Defendant shall file its motion for an Open America stay no later than March 22, 2010; Plaintiffs shall file their opposition to Defendant's motion for an Open America stay no later than April 5, 2010; and Defendant shall file its reply, if any, in support of its motion for an Open America stay no later than April 12, 2010. The parties shall not file any dispositive motions until Defendant's motion for an Open America stay is resolved. At that time, the Court shall set a schedule for further proceedings, as may be appropriate. Signed by Judge Colleen Kollar-Kotelly on March 5, 2010. (lcckk2) (Entered: 03/05/2010) |
| 2010-03-08 | 14 | STIPULATION of Dismissal by NANCY L. BUC, BUC & BEARDSLEY, LLP, MADHUSHA DISSANAYAKE, MATRIXX INITIATIVES, INC.. (Shepard, Carmen) (Entered: 03/08/2010) |
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