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Case TitleSchiffenbauer v. Jenkins et al
DistrictDistrict of Maryland
CityGreenbelt
Case Number8:2016cv00423
Date Filed2016-02-16
Date Closed2016-07-18
JudgeJudge Peter J. Messitte
PlaintiffJoel Schiffenbauer
Case DescriptionJoel Schiffenbauer, a former employee of the FDA, submitted a FOIA request to the FDA for report of an investigation for which he provided testimony. The agency told him that it would not disclose the report until the investigation was completed. When the agency still had not indicated when the investigation would be completed, Schiffenbauer filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantJohn Jenkins Office of New Drugs, CDER
DefendantSarah Kotler Division of Freedom of Information
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-02-161COMPLAINT against John Jenkins, Sarah Kotler ( Filing fee $ 400 receipt number 14637087338.), filed by Joel Schiffenbauer. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(jnls, Deputy Clerk) (Entered: 02/16/2016)
2016-02-192ORDER re service. Signed by Judge Peter J. Messitte on 2/18/2016. (c/m 2/19/16 jnls, Deputy Clerk) (Entered: 02/19/2016)
2016-02-193FILED IN ERROR - Summons Issued 21 days as to John Jenkins, Sarah Kotler. (jnls, Deputy Clerk) Modified on 2/19/2016 (jnls, Deputy Clerk). (Entered: 02/19/2016)
2016-02-264Summons Issued 60 days as to John Jenkins, Sarah Kotler, Secretary of the Department of Health and Human Services, U.S. Attorney and U.S. Attorney General (bus, Deputy Clerk) (Entered: 02/26/2016)
2016-03-235SUMMONS Returned Executed by Sarah Kotler, John Jenkins. Sarah Kotler served on 3/1/2016, answer due 5/2/2016; John Jenkins served on 3/1/2016, answer due 5/2/2016. (Attachments: # 1 Summons Return, # 2 Summons Return, # 3 Summons Return, # 4 Summons Return)(bus, Deputy Clerk) (Entered: 03/23/2016)
2016-03-306MOTION for Extension of Time to File Initial Response to Plaintiff's Complaint by John Jenkins, Sarah Kotler Responses due by 4/18/2016 (Attachments: # 1 Text of Proposed Order)(White, Neil) (Entered: 03/30/2016)
2016-03-307PAPERLESS ORDER GRANTING 6 Motion to Extend Time for Initial Response (until May 20, 2016). Signed by Judge Peter J. Messitte on 3/30/2016. (rass, Chambers) (Entered: 03/30/2016)
2016-05-208Second MOTION for Extension of Time to File Initial Response by John Jenkins, Sarah Kotler Responses due by 6/6/2016 (Attachments: # 1 Text of Proposed Order)(White, Neil) (Entered: 05/20/2016)
2016-05-239PAPERLESS ORDER GRANTING 8 Defendants' Second Motion to Extend Time for Initial Response (until June 17, 2016). Signed by Judge Peter J. Messitte on 5/23/2016. (rass, Chambers) (Entered: 05/23/2016)
2016-06-1510MOTION to Dismiss for Lack of Jurisdiction (Motion to Dismiss as Moot) by John Jenkins, Sarah Kotler Responses due by 7/5/2016 (Attachments: # 1 Exhibit 1 June 10, 2016 Cover Letter from HHS to Plaintiff Enclosing Requested Records, # 2 Text of Proposed Order)(White, Neil) (Entered: 06/15/2016)
2016-06-1611Rule 12/56 letter mailed to Joel Schiffenbauer. (c/m 06/16/2016 bus, Deputy Clerk) (Entered: 06/16/2016)
2016-06-2712RESPONSE to Motion to Dismiss as Moot re 10 MOTION to Dismiss filed by Joel Schiffenbauer. (jf3s, Deputy Clerk) (Entered: 06/27/2016)
2016-07-1413NOTICE of Settlement by Plaintiff, Joel Schiffenbauer, and by John Jenkins, Sarah Kotler (Attachments: # 1 Text of Proposed Order (Local Rule 111 Order))(White, Neil) (Entered: 07/14/2016)
2016-07-1814ORDER DISMISSING case with each party to bear its own costs unless otherwise agreed without prejudice to the right of a party to move for good cause to reopen this action if settlement is not consummated. Signed by Judge Peter J. Messitte on 7/18/2016. (c/m 07/19/2016 jf3s, Deputy Clerk) (Entered: 07/19/2016)
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by FOIA Project Staff
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