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Case TitleFREEDOM WATCH, INC. v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01981
Date Filed2016-10-05
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffFREEDOM WATCH, INC.
Case DescriptionFreedom Watch submitted a FOIA request to the FDA for records concerning the antibiotic Levaquin and the relationship between former FDA Commissioner Margaret Hamburg and several pharmaceutical companies. After hearing nothing further from the agency, Freedom Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-051COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number 0090-4699750) filed by FREEDOM WATCH, INC.. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Klayman, Larry) (Entered: 10/05/2016)
2016-10-05Case Assigned to Judge Ketanji Brown Jackson. (sth) (Entered: 10/06/2016)
2016-10-062SUMMONS (1) Issued Electronically as to FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Summons)(sth) (Entered: 10/06/2016)
2016-11-093GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 11/9/2016. (lckbj1) (Entered: 11/09/2016)
2016-12-194REQUEST FOR SUMMONS TO ISSUE U.S. Attorney for District of Columbia filed by FREEDOM WATCH, INC..(Klayman, Larry) (Entered: 12/19/2016)
2016-12-195REQUEST FOR SUMMONS TO ISSUE Attorney General filed by FREEDOM WATCH, INC..(Klayman, Larry) (Entered: 12/19/2016)
2016-12-206SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 12/20/2016)
2017-02-087ORDER requiring Plaintiff to provide Court, on or before 2/27/2017, with proof of service on Defendant. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 02/08/2017. (lckbj1) (Entered: 02/08/2017)
2017-02-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 2/10/2017 (Klayman, Larry) (Entered: 02/20/2017)
2017-03-139NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 03/13/2017)
2017-03-1310ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Field, Brian) (Entered: 03/13/2017)
2017-03-13MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 3/28/2017. Signed by Judge Ketanji Brown Jackson on 03/13/2017. (lckbj1) (Entered: 03/13/2017)
2017-03-2811Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 03/28/2017)
2017-04-03MINUTE ORDER. The Court has reviewed the parties' 11 Joint Status report, and accepts the government's representations that it will process the documents as indicated. In addition, it is this Court's practice in FOIA cases to require the parties to submit periodic status reports in lieu of convening status conferences unless extraordinary circumstances require an in-person meeting. The Court sees no such circumstance in this case at this time. Therefore, Plaintiff's request for a status conference is denied, and the parties' next status report is due on or before 6/2/17. Signed by Judge Ketanji Brown Jackson on 4/3/2017. (lckbj3) (Entered: 04/03/2017)
2017-06-0112Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 06/01/2017)
2017-06-13MINUTE ORDER. Pending before the Court in this FOIA matter is the parties' 12 Joint Status Report, in which the FDA represents that it has completed searches in three of four offices for records responsive to Freedom Watch's FOIA request and produced those records, with the exception of six pages that the FDA has referred to other agencies. With respect to the search of records in the fourth office, the FDA represents that its Center for Drug Evaluation and Research ("CDER") has assigned some portions of Freedom Watchs FOIA request to its "Simple Track and Drug Safety Queue," and other portions to its "Complex Track," and that it has completed searching for and producing those records within the Simple Track. However, the FDA represents that it will not begin processing Freedom Watch's request with respect to the search assigned to CDER's Complex Track for approximately 13 months, because there are 366 requests ahead of Freedom Watch's in that queue. In response to this timing estimate, Freedom Watch asks the Court to "order FDA to make full production within 6 months[,]" asserting that the government's response to its FOIA request is a matter of "'life and death' for the American public." (Jt. Status Rpt. at 3.) The record reveals that Freedom Watch requested expedited processing of its FOIA request (see Ex. A to Compl., ECF No. 1 at 7), but the parties' submissions to date do not address the FDA's decision regarding this request for expedition. Accordingly, it is hereby ORDERED that, on or before June 30, 2017, the FDA shall file a memorandum of no more than 15 pages that (1) addresses the FDAs decision, if any, regarding Freedom Watchs request for expedited treatment, and (2) responds to Freedom Watch's argument that the Court should order the agency to make a full production within 6 months. It is FURTHER ORDERED that Freedom Watch may file a brief of no more than 15 pages in reply to the FDA's memorandum on or before July 14, 2017. Signed by Judge Ketanji Brown Jackson on 06/13/2017. (lckbj1) (Entered: 06/13/2017)
2017-06-3013MEMORANDUM by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Exhibit Denial Letter, # 2 Exhibit Response Letter)(Field, Brian) (Entered: 06/30/2017)
2017-07-1414REPLY to FDA's 13 Response to Court Order filed by FREEDOM WATCH, INC.. (Klayman, Larry) Modified on 7/17/2017 to add docket link (jf). (Entered: 07/14/2017)
2017-07-2415ORDER requiring Defendant to begin processing the remaining portion of Plaintiff's FOIA request by at least July 1, 2018, and requiring a status report on October 1, 2017, and continuing every 60 days thereafter, until further order of the Court. See attached document for details. Signed by Judge Ketanji Brown Jackson on 7/24/2017. (lckbj3) (Entered: 07/24/2017)
2017-07-25Set/Reset Deadlines: Status Report due by 10/1/2017. (gdf) (Entered: 07/25/2017)
2017-09-2916STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 09/29/2017)
2017-11-2817STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 11/28/2017)
2018-01-1918STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 01/19/2018)
2018-03-2019STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 03/20/2018)
2018-05-1620STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 05/16/2018)
2018-07-2021STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 07/20/2018)
2018-09-1822STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 09/18/2018)
2018-09-2123SUPERSEDING GENERAL ORDER AND GUIDELINES FOR FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. This Order supersedes this Courts prior 3 General Order and Guidelines for Civil Cases. The Court will hold the parties and counsel responsible for following these amended directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 9/21/2018. (lckbj1) (Entered: 09/21/2018)
2018-09-21MINUTE ORDER. In light of the representations in Defendant's 22 Status Report, it is hereby ORDERED that Defendants obligation to file status reports every 60 days is VACATED, and that the parties shall file a joint status report on or before 10/31/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/21/2018. (lckbj1) (Entered: 09/21/2018)
2018-10-3124Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 10/31/2018)
2018-11-08MINUTE ORDER adopting parties' proposed briefing schedule. It is hereby ORDERED that the following deadlines are set in this matter: Plaintiff's motion for in camera review shall be served on or before 11/20/2019; Defendant's opposition and cross-motion for summary judgment shall be served on or before 1/21/2019; Plaintiff's reply and cross-motion opposition shall be served on or before 2/20/2019; Defendant's cross-motion reply shall be served on or before 3/22/2019; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 5/3/2019. Signed by Judge Ketanji Brown Jackson on 11/8/2018. (lckbj1). (Entered: 11/08/2018)
2018-11-2025STRICKEN PURSUANT TO 23 SUPERSEDING GENERAL ORDER AND GUIDELINES FOR FOIA CASES.....MOTION in Camera Review by FREEDOM WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Klayman, Larry) Modified on 2/12/2019 (jf). (Entered: 11/20/2018)
2019-01-1826MOTION to Stay , MOTION for Extension of Time to All Deadlines by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 01/18/2019)
2019-01-18MINUTE ORDER granting 26 Motion to Stay in light of lapse of appropriations. For good cause shown, it is hereby ORDERED that this case is STAYED. Counsel for Defendant shall notify the Court as soon as Congress has appropriated funds; at that point, the Court will enter an order resetting the applicable deadlines, which will be extended day-for-day with the duration of the lapse in appropriations. Signed by Judge Ketanji Brown Jackson on 1/18/2019. (lckbj1) (Entered: 01/18/2019)
2019-01-2827NOTICE of Restored Government Funding by FOOD AND DRUG ADMINISTRATION (Field, Brian) (Entered: 01/28/2019)
2019-02-11MINUTE ORDER. Defendant has provided notice that an appropriations act providing funding to the Department of Justice for a three-week period of time was enacted on 1/25/2019. (ECF No. 27 .) Accordingly, it is hereby ORDERED that the stay in this matter is lifted, and that the briefing schedule in this matter is amended as follows: Defendant's opposition and cross-motion for summary judgment shall be served on or before 2/25/2019; Plaintiff's reply and cross-motion opposition shall be served on or before 3/27/2019; Defendant's cross-motion reply shall be served on or before 4/26/2019; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 6/7/2019. Signed by Judge Ketanji Brown Jackson on 2/11/2019. (lckbj1) (Entered: 02/11/2019)
2019-02-2528NOTICE of Compliance Regarding Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for In Camera Review by FOOD AND DRUG ADMINISTRATION (Field, Brian) (Entered: 02/25/2019)
2019-03-2529Consent MOTION for Extension of Time to Respond to Defendant's Motion for Summary Judgment and Reply to Defendant's Opposition to Plaintiff's Motion for In Camera Review by FREEDOM WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 03/25/2019)
2019-04-0530NOTICE of Compliance by FREEDOM WATCH, INC. (Attachments: # 1 Exhibit Plaintiff's Statement of Material Facts in Dispute, # 2 Exhibit Plaintiff's Opposition to Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for In Camera Review)(Klayman, Larry) (Entered: 04/05/2019)
2019-04-11MINUTE ORDER finding as moot 29 Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment and Reply to Defendant's Opposition to Plaintiff's Motion for In Camera Review. Under this Court's General Order and Guidelines, "[t]he parties are permitted to modify the schedule for serving their filings on each other by consent, and without any Order from this Court." (ECF No. 23 .) Signed by Judge Ketanji Brown Jackson on 4/11/2019. (lckbj1) (Entered: 04/11/2019)
2019-05-1031NOTICE of Compliance by FOOD AND DRUG ADMINISTRATION (Field, Brian) (Entered: 05/10/2019)
2019-05-1032MOTION In Camera Review by FREEDOM WATCH, INC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Klayman, Larry) (Entered: 05/10/2019)
2019-05-1033MOTION for Summary Judgment by FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Ex. A (Kotler Decl.), # 4 Declaration Ex. B (Sager Decl.), # 5 Text of Proposed Order)(Field, Brian) (Entered: 05/10/2019)
2019-05-1034Memorandum in opposition to re 32 MOTION In Camera Review filed by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Ex. A (Kotler Decl.), # 4 Declaration Ex. B (Sager Decl.), # 5 Text of Proposed Order)(Field, Brian) (Entered: 05/10/2019)
2019-05-1035Memorandum in opposition to re 33 MOTION for Summary Judgment and Reply to Defendant's Opposition to Motion for In Camera Review filed by FREEDOM WATCH, INC.. (Attachments: # 1 Exhibit Statement of Disputed Facts)(Klayman, Larry) (Entered: 05/10/2019)
2019-05-1036REPLY to opposition to motion re 33 MOTION for Summary Judgment filed by FOOD AND DRUG ADMINISTRATION. (Field, Brian) (Entered: 05/10/2019)
2020-08-1237NOTICE of Appearance by Jonathon Alden Moseley on behalf of All Plaintiffs (Moseley, Jonathon) (Entered: 08/12/2020)
2020-08-1238MOTION to Withdraw as Attorney by FREEDOM WATCH, INC. (Klayman, Larry) (Entered: 08/12/2020)
2021-01-07MINUTE ORDER granting 38 Motion to Withdraw as Attorney. Attorney Larry E. Klayman terminated. Signed by Judge Ketanji Brown Jackson on 1/7/2021. (jag) (Entered: 01/07/2021)
2021-05-2139NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney Brian Field (Curteman, Dedra) (Entered: 05/21/2021)
2021-06-28Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/28/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2021-12-15MINUTE ORDER: This case was recently reassigned to the undersigned judge. The Court directs the Parties to appear for a Status Conference on January 20, 2022, at 12:30 PM. The conference will be on the record and conducted via telephone. The Court's Deputy Clerk will provide the information necessary to access the call. The purpose of the conference is to apprise the Court of the status of this matter; the Parties do not need to be prepared to argue any pending motions. Signed by Judge Jia M. Cobb on December 15, 2021. (lcjmc2) (Entered: 12/15/2021)
2022-01-20Minute Entry for Telephone Status Conference before Judge Jia M. Cobb held on 1/20/2022. (Court Reporter: Janice Dickman) (zgdf) (Entered: 01/20/2022)
2022-10-3140NOTICE OF SUBSTITUTION OF COUNSEL by Christina O'Tousa on behalf of FOOD AND DRUG ADMINISTRATION Substituting for attorney Dedra S. Curteman (O'Tousa, Christina) (Entered: 10/31/2022)
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