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Case TitleLATHAM & WATKINS LLP v. U.S. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00509
Date Filed2020-02-21
Date Closed2021-05-17
JudgeJudge Trevor N. McFadden
PlaintiffLATHAM & WATKINS LLP
Case DescriptionThe law firm of Latham & Watkins submitted a FOIA request to the FDA for records concerning two specific new drug applications submitted for drugs with the active ingredient cocaine hydrochloride manufactured by Lannett Company Genus Lifesciences. The agency acknowledged receipt of the request but after hearing nothing further from the agency Latham & Watkins filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. FOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-211COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number ADCDC-6852135) filed by LATHAM & WATKINS LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons for U.S. Food and Drug Administration, # 6 Summons for U.S. Attorney for the District of Columbia, # 7 Summons for U.S. Attorney General)(Prins, Andrew) (Entered: 02/21/2020)
2020-02-212LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LATHAM & WATKINS LLP (Prins, Andrew) (Entered: 02/21/2020)
2020-02-213NOTICE OF RELATED CASE by LATHAM & WATKINS LLP. Case related to Case No. 1:20-cv-00211. (Prins, Andrew) (Entered: 02/21/2020)
2020-02-214NOTICE of Appearance by Ryan S. Baasch on behalf of LATHAM & WATKINS LLP (Baasch, Ryan) (Entered: 02/21/2020)
2020-02-21Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 02/21/2020)
2020-02-215SUMMONS (3) Issued Electronically as to U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 02/21/2020)
2020-02-216STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 2/21/2020. (lctnm1) (Entered: 02/21/2020)
2020-02-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/24/2020. Answer due for ALL FEDERAL DEFENDANTS by 3/25/2020. (Prins, Andrew) (Entered: 02/27/2020)
2020-03-248NOTICE of Appearance by Diana Viggiano Valdivia on behalf of U.S. FOOD AND DRUG ADMINISTRATION (Valdivia, Diana) (Entered: 03/24/2020)
2020-03-259ANSWER to Complaint by U.S. FOOD AND DRUG ADMINISTRATION.(Valdivia, Diana) (Entered: 03/25/2020)
2020-03-25MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before April 22, 2020. Signed by Judge Trevor N. McFadden on 3/25/2020. (lctnm1) (Entered: 03/25/2020)
2020-03-25Set/Reset Deadlines: Joint Status Report due by 4/22/2020. (hmc) (Entered: 03/25/2020)
2020-04-2210Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Valdivia, Diana) (Entered: 04/22/2020)
2020-04-23MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before May 21, 2020, updating the Court on the parties' meet and confer progress and advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/23/2020. (lctnm1) (Entered: 04/23/2020)
2020-04-23Set/Reset Deadlines: Joint Status Report due by 5/21/2020. (hmc) (Entered: 04/23/2020)
2020-05-2111Joint STATUS REPORT by LATHAM & WATKINS LLP. (Attachments: # 1 Exhibit A)(Baasch, Ryan) (Entered: 05/21/2020)
2020-05-22MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before June 22, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/22/2020. (lctnm1) (Entered: 05/22/2020)
2020-05-22Set/Reset Deadlines: Joint Status Report due by 6/22/2020. (hmc) (Entered: 05/22/2020)
2020-06-2212Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Valdivia, Diana) (Entered: 06/22/2020)
2020-06-23MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before July 22, 2020, addressing the status of Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/23/2020. (lctnm1) (Entered: 06/23/2020)
2020-06-23Set/Reset Deadlines: Joint Status Report due by 7/22/2020. (hmc) (Entered: 06/23/2020)
2020-07-2213Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Valdivia, Diana) (Entered: 07/22/2020)
2020-07-22MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before August 19, 2020, addressing the status of Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/22/2020. (lctnm1) (Entered: 07/22/2020)
2020-07-22Set/Reset Deadlines: Joint Status Report due by 8/19/2020. (hmc) (Entered: 07/22/2020)
2020-08-1914Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Valdivia, Diana) (Entered: 08/19/2020)
2020-08-20MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before September 18, 2020, addressing the status of Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/20/2020. (lctnm1) (Entered: 08/20/2020)
2020-08-20Set/Reset Deadlines: Joint Status Report due by 9/18/2020. (hmc) (Entered: 08/20/2020)
2020-09-1815Joint STATUS REPORT by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 09/18/2020)
2020-09-18MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before October 16, 2020, addressing the status of Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/18/2020. (lctnm1). (Entered: 09/18/2020)
2020-09-18Set/Reset Deadlines: Joint Status Report due by 10/16/2020. (hmc) (Entered: 09/18/2020)
2020-10-1616Joint STATUS REPORT by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 10/16/2020)
2020-10-16MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before November 16, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/16/2020. (lctnm1) (Entered: 10/16/2020)
2020-10-16Set/Reset Deadlines: Joint Status Report due by 11/16/2020. (hmc) (Entered: 10/16/2020)
2020-11-1617Joint STATUS REPORT by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 11/16/2020)
2020-11-17MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before December 18, 2020, advising the Court on the progress of Plaintiff's review and proposing a schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/17/2020. (lctnm1) (Entered: 11/17/2020)
2020-11-17Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (hmc) (Entered: 11/17/2020)
2020-12-1818Joint STATUS REPORT by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 12/18/2020)
2020-12-18MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before January 15, 2021, advising the Court on the progress of Plaintiffs review and proposing a schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/18/2020. (lctnm1) (Entered: 12/18/2020)
2020-12-18Set/Reset Deadlines: Joint Status Report due by 1/15/2021. (hmc) (Entered: 12/18/2020)
2021-01-1519Joint STATUS REPORT by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 01/15/2021)
2021-01-15MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before March 15, 2021, proposing a schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/15/2021. (lctnm1) (Entered: 01/15/2021)
2021-01-15Set/Reset Deadlines: Joint Status Report due by 3/15/2021. (hmc) (Entered: 01/15/2021)
2021-03-1520Joint STATUS REPORT by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 03/15/2021)
2021-03-15MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before May 17, 2021, proposing a schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/15/2021. (lctnm1) (Entered: 03/15/2021)
2021-03-16Set/Reset Deadlines: Joint Status Report due by 5/17/2021. (hmc) (Entered: 03/16/2021)
2021-05-1721STIPULATION of Dismissal by LATHAM & WATKINS LLP. (Prins, Andrew) (Entered: 05/17/2021)
2021-05-17MINUTE ORDER. Pursuant to the parties' 21 Stipulation of Dismissal, this case is hereby DISMISSED. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/17/2021. (lctnm1) (Entered: 05/17/2021)
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