| Date Filed | Doc # | Docket Text |
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| 2013-05-30 | 1 | COMPLAINT against Center For Veterinary Medicine, United States Food and Drug Administration. (Filing Fee $ 350.00, Receipt Number 465401068619)Document filed by Natural Resources Defense Council,Inc.,.(mn) (Entered: 05/31/2013) |
| 2013-05-30 | | SUMMONS ISSUED as to Center For Veterinary Medicine, United States Food and Drug Administration, U.S. Attorney and U.S. Attorney General. (mn) (Entered: 05/31/2013) |
| 2013-05-30 | | CASE REFERRED TO Judge Alison J. Nathan as possibly related to 1:12cv4757. (mn) (Entered: 05/31/2013) |
| 2013-05-30 | | Case Designated ECF. (mn) (Entered: 05/31/2013) |
| 2013-06-06 | | CASE ACCEPTED AS RELATED. Create association to 1:12-cv-04757-AJN. Notice of Assignment to follow. (pgu) (Entered: 06/06/2013) |
| 2013-06-06 | 2 | NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 06/06/2013) |
| 2013-06-06 | | Magistrate Judge Andrew J. Peck is so designated. (pgu) (Entered: 06/06/2013) |
| 2013-06-10 | 3 | MOTION for Jaclyn H. Prange to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8591523. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council,Inc.,.(Prange, Jaclyn) (Entered: 06/10/2013) |
| 2013-06-11 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 3 MOTION for Jaclyn H. Prange to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8591523. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bwa) (Entered: 06/11/2013) |
| 2013-06-17 | 4 | ORDER granting 3 Motion for Jaclyn H. Prange to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 06/17/2013) |
| 2013-06-17 | 5 | NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/12/2013 at 10:15 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan, and as further set forth in this document. (Signed by Judge Alison J. Nathan on 6/17/2013) (cd) (Entered: 06/17/2013) |
| 2013-06-17 | 6 | CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference; Court's Individual Rules served on United States Food and Drug Administration; Center for Veterinary Medicine on 6/17/2013. Service was made by Mail. Document filed by Natural Resources Defense Council,Inc.,. (Prange, Jaclyn) (Entered: 06/17/2013) |
| 2013-06-28 | 7 | AFFIDAVIT OF SERVICE of Summons and Complaint. All Defendants. Service was made by MAIL. Document filed by Natural Resources Defense Council,Inc.,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Prange, Jaclyn) (Entered: 06/28/2013) |
| 2013-07-02 | 8 | ANSWER to 1 Complaint. Document filed by Center For Veterinary Medicine,, United States Food and Drug Administration.(Barcelo, Amy) (Entered: 07/02/2013) |
| 2013-07-04 | 9 | ENDORSED LETTER addressed to Judge Alison J. Nathan from Jaclyn H. Prange dated 7/3/2013 re: Joint request to adjourn the 7/12/2013 initial conference. ENDORSEMENT: The initial pretrial conference previously set for July 12, 2013 is hereby ADJOURNED and RESET to July 26, 2013 at 11 AM. If the parties submit a joint proposed schedule on or before July 22, 2013, the Court will adjourn the July 26th conference. Otherwise, counsel shall appear before the Court on July 26th. ( Initial Conference reset for 7/26/2013 at 11:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 7/4/2013) (cd) (Entered: 07/08/2013) |
| 2013-07-18 | | **TIME CHANGE** The Initial Pretrial Conference scheduled for Friday, July 26, 2013 at 11:00 AM is hereby re-scheduled for 10:15 AM in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (snu) (Entered: 07/18/2013) |
| 2013-07-23 | 10 | ENDORSED LETTER addressed to Judge Alison J. Nathan from Jaclyn H. Prange dated 7/22/2013 re: Request that the 7/26/2013 conference be adjourned and reset to 8/16/2013. ENDORSEMENT: So Ordered. No further extensions. (Signed by Judge Alison J. Nathan on 7/23/2013) (cd) (Entered: 07/24/2013) |
| 2013-08-02 | 11 | ORDER: The parties have submitted a stipulation, which this Court has approved by separate order, governing the schedule for Defendants to process and release certain records responsive to Plaintiffs Freedom of Information Act request. Whereas, under that stipulation, the bulk of those records are scheduled to be produced by January 30, 2014, it is hereby ORDERED that the parties shall submit a status letter to the Court by February 3, 2014. (Signed by Judge Alison J. Nathan on 8/2/2013) (rsh) (Entered: 08/05/2013) |
| 2013-08-02 | 12 | STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, by and between NRDC and the Government that: The Government will process and release non-exempt records that are responsive to NRDC's Request as soon as possible, on a rolling basis. The Government will complete its production of non-exempt records responsive to subsection (a) of NRDC's Request (regarding NARMS data) as described below: a. No later than August 22, 2013, the Government will complete its production of non-exempt records in response to subsection (a) of NRDC's Request for the years 2002 through 2011. That production will consist of the contents of the NARMS database for those years. The parties have agreed to handle the Government's production of records responsive to subsection (b) of NRDC's request (regarding the volume of antibiotics used annually in food-producing animals) as follows: No later than September 5, 2013, the Government will produce in Adobe PDF format spreadsheets for the years 2010 and 2011 that present information similar in topic and format to that contained in the spreadsheets that the Government produced to NRDC on July 9, 2013, for the year 2009. Except as provided by paragraph 3(d) below, the Government will complete its production of any other non-exempt records responsive to subsection (b) of NRDC's Request no later than January 30, 2014. The Government shall notify NRDC in writing by December 19, 2013, if it determines (1) that the search described in paragraph 3(c) will produce more than 250 records and that despite its best efforts, it cannot meet the January 30, 2014 deadline, or (2) that for some other reason, despite its best efforts, it cannot meet the January 30, 2014, deadline for production because of the volume of responsive records. The August 16, 2013, Initial Pretrial Conference is adjourned. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/2/2013) (rsh). (Entered: 08/05/2013) |
| 2013-10-01 | 13 | STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013) |
| 2014-02-19 | 14 | LETTER addressed to Judge Alison J. Nathan from Jaclyn H. Prange dated 2/19/2014 re: Status of Case. Document filed by Natural Resources Defense Council,Inc.,.(Prange, Jaclyn) (Entered: 02/19/2014) |
| 2014-06-24 | 15 | ORDER: The parties in this FOIA action have submitted a stipulation dated June 23, 2014, which this Court has approved by separate order. Under that stipulation, the parties have agreed to either (1) resolve their dispute as to certain "Volume Records" redactions by stipulation or (2) propose a summary judgment briefing schedule as to those redactions within 90 days of the entry of judgment in Government Accountability Project v. US. Food and Drug Administration, Civ. No. 1: 12-cv-01954 (KBJ) (D.D.C), or one year of the date of the June 23 stipulation. Accordingly, it is hereby ORDERED that the parties shall submit a status letter to the Court by December 23, 2014. (Signed by Judge Alison J. Nathan on 6/24/2014) (ama) (Entered: 06/25/2014) |
| 2014-06-24 | 16 | STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, by and between NRDC and the Government that: The Government, by July 21, 2014, will produce the information redacted from the NARMS Records produced to NRDC on August 21, 2013. In order to promote judicial economy, the parties agree to stay the issue of the Government's redactions to the Volume Records until the GAP court rules on the motions for summary judgment in that case, as follows: As set forth herein. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/24/2014) (ama) (Entered: 06/25/2014) |
| 2014-12-23 | 17 | LETTER addressed to Judge Alison J. Nathan from Jaclyn H. Prange dated December 23, 2014 re: Status Letter for NRDC v. FDA et al. 13 CIV 3659. Document filed by Natural Resources Defense Council,Inc.,.(Prange, Jaclyn) (Entered: 12/23/2014) |
| 2015-05-13 | 18 | STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, by and between NRDC and the Government that: 1. In order to promote judicial economy, the parties agree to extend the stay in this case by six months as follows herein. 2. As set forth in the parties' August 2, 2013, and June 23, 2014, stipulations, the Government will complete its production of the documents related to the 2012 NARMS Retail Meat Report as follows herein. 3. Regardless of whether or to what extent further litigation ensues, NRDC reserves its right to seek attorneys' fees and costs under 5 U.S.C. § 552(a)(4)(E), and the Government reserves all defenses with respect to any such application. (Signed by Judge Alison J. Nathan on 5/13/2015) (kgo) (Entered: 05/13/2015) |
| 2016-01-04 | 19 | STIPULATION AND ORDER. IT IS STIPULATED AND AGREED, by and between NRDC and the Government that: 1. In order to promote judicial economy, the parties agree to extend the stay in this case by six months as follows: a. This stay applies to the resolution of the redactions to the Volume Records. The Government produced those records to NRDC on July 9, 2013; September 3, 2013; April 22, 2014 (pages FDA-CVM-8084-000001-A through FDA-CVM-8084-001984-A); November 3, 2014; and March 12, 2015 (FDA-CVM-8084-001985 through FDA-CVM-FOIA-8084-002328). b. Within 90 days after judgment is entered in the GAP case, or by July 8, 2016, whichever occurs first, the parties will (1) submit a stipulation settling the parties' dispute as to the Volume Records redactions or (2) propose a briefing schedule for cross-motions for summary judgment as to the Volume Records redactions. c. By entering into this stipulation, neither NRDC nor the Government agrees to be bound by the GAP court's decision, nor does either party waive any arguments with regard to the Volume Records. 2. Regardless of whether or to what extent further litigation ensues, NRDC reserves its right to seek attorneys' fees and costs under 5 U.S.C. § 552(a)(4)(E), and the Government reserves all defenses with respect to any such application. (Signed by Judge Alison J. Nathan on 1/4/2016) (rjm) (Entered: 01/05/2016) |
| 2016-01-04 | | Case Stayed. (rjm) (Entered: 01/05/2016) |
| 2016-07-06 | 20 | STIPULATION AND ORDER. IT IS STIPULATED AND AGREED, by and between NRDC and the Government that: 1. In order to promote judicial economy, the parties agree to extend the stay in this case as follows: a. This stay applies to the resolution of the redactions to the Volume Records. The Government produced those records to NRDC on July 9, 2013; September 3, 2013; April 22, 2014 (pages FDA-CVM-8084-000001-A through FDA-CVM-8084-001984-A); November 3, 2014; and March 12, 2015 (FDA-CVM-8084-001985 through FDA-CVM-FOIA-8084-002328). b. Within 90 days after judgment is entered in the GAP case, or by January 9, 2017, whichever occurs first, the parties will (1) submit a stipulation settling the parties' dispute as to the Volume Records redactions or (2) propose a briefing schedule for cross-motions for summary judgment as to the Volume Records redactions. c. By entering into this stipulation, neither NRDC nor the Government agrees to be bound by the GAP court's decision, nor does either party waive any arguments with regard to the Volume Records. 2. Regardless of whether or to what extent further litigation ensues, NRDC reserves its right to seek attorneys' fees and costs under 5 U.S.C. § 552(a)(4)(E), and the Government reserves all defenses with respect to any such application. (Signed by Judge Alison J. Nathan on 7/6/2016) (rjm). (Entered: 07/06/2016) |
| 2016-07-06 | 21 | NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of Center For Veterinary Medicine,, United States Food and Drug Administration. (Teleanu, Natasha) (Entered: 07/06/2016) |
| 2016-12-21 | 22 | STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, by and between NRDC and the Government that: In order to promote judicial economy, the parties agree to extend the stay in this case as follows: This stay applies to the resolution of the redactions to the Volume Records. The Government produced those records to NRDC on July 9, 2013; September 3, 2013; April22, 2014 (pages FDA-CVM-8084-000001-A through FDA-CVM- 8084-001984-A); November 3, 2014; and March 12,2015 (FDA-CVM-8084- 001985 through FDA-CVM-FOIA-8084-002328). Within 90 days after judgment is entered in the GAP case, or by October 10, 2017, whichever occurs first, the parties will (1) submit a stipulation settling the parties' dispute as to the Volume Records redactions or (2) propose a briefing schedule for cross-motions for summary judgment as to the Volume Records redactions. By entering into this stipulation, neither NRDC nor the Government agrees to be bound by the GAP court's decision, nor does either party waive any arguments with regard to the Volume Records. Regardless of whether or to what extent further litigation ensues, NRDC reserves its right to seek attorneys' fees and costs under 5 U.S.C. § 552(a)(4)(E), and the Government reserves all defenses with respect to any such application. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/21/2016) (ama) (Entered: 01/04/2017) |
| 2017-04-21 | 23 | STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: Pursuant to 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, the Government shall pay to NRDC the sum of $20,000 in attorneys' fees (the "Settlement Amount") by electronic funds transfer in accordance with instructions provided to Government counsel by NRDC counsel. The Settlement Amount shall constitute the full and final satisfaction of any claims by NRDC for attorneys' fees and litigation costs in this matter, and is inclusive of any interest; and as further set forth herein. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/21/2017) (anc) (Entered: 04/21/2017) |
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