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Case TitleInformed Consent Action Network v. United States Food and Drug Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv05554
Date Filed2020-07-17
Date Closed2021-04-19
JudgeJudge J. Paul Oetken
PlaintiffInformed Consent Action Network
Case DescriptionThe Informed Consent Action Network submitted a FOIA request to the FDA for records concerning the use of the drug Menveo as a placebo during tests for a corona virus vaccine. ICAN asked for expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUnited States Food and Drug Administration
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-171COMPLAINT against United States Food and Drug Administration. (Filing Fee $ 400.00, Receipt Number ANYSDC-20743715)Document filed by Informed Consent Action Network. (Attachments: # 1 Exhibit Exhibits A-C).(Siri, Aaron) (Entered: 07/17/2020)
2020-07-172CIVIL COVER SHEET filed..(Siri, Aaron) (Entered: 07/17/2020)
2020-07-173REQUEST FOR ISSUANCE OF SUMMONS as to United States Food and Drug Administration, re: 1 Complaint. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 07/17/2020)
2020-07-20CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pne) (Entered: 07/20/2020)
2020-07-20Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pne) (Entered: 07/20/2020)
2020-07-20Case Designated ECF. (pne) (Entered: 07/20/2020)
2020-07-204ELECTRONIC SUMMONS ISSUED as to United States Food and Drug Administration..(pne) (Entered: 07/20/2020)
2020-08-285ANSWER to 1 Complaint. Document filed by United States Food and Drug Administration..(Aronoff, Peter) (Entered: 08/28/2020)
2020-09-016ORDER: This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on September 16, 2020, at 3:30 p.m. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. The public and the press may call in but are instructed to place phones on mute. So Ordered Initial Conference set for 9/16/2020 at 03:30 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 8/31/2020) (js) (Entered: 09/01/2020)
2020-09-027NOTICE OF APPEARANCE by Elizabeth Ann Brehm on behalf of Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 09/02/2020)
2020-09-118JOINT LETTER addressed to Judge J. Paul Oetken from Elizabeth A. Brehm dated 09/11/2020 re: Joint Letter Pursuant to Court's Order Regarding Initial Pretrial Conference. Document filed by Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 09/11/2020)
2020-09-159JOINT LETTER MOTION to Adjourn Conference in light of parties' initial agreement and provide a status report by October 15, 2020 addressed to Judge J. Paul Oetken from Peter Aronoff dated 9/15/2020. Document filed by United States Food and Drug Administration..(Aronoff, Peter) (Entered: 09/15/2020)
2020-09-1510ORDER granting 9 Letter Motion to Adjourn Conference GRANTED. THE SEPTEMBER 16, 2020 CONFERENCE IS ADJOURNED AND PARTIES SHALL FILE A STATUS LETTER ON OR BEFORE OCTOBER 15, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nd) (Entered: 09/15/2020)
2020-10-1511STATUS REPORT. (joint) and proposal for further status report by November 16, 2020 Document filed by United States Food and Drug Administration..(Aronoff, Peter) (Entered: 10/15/2020)
2020-10-18STATUS REPORT ORDER: PARTIES SHALL FILE A STATUS REPORT ON OR BEFORE NOVEMBER 16, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (nd) (Entered: 10/18/2020)
2020-11-1612STATUS REPORT. (joint) and proposal for further status report by February 12, 2020 Document filed by United States Food and Drug Administration..(Aronoff, Peter) (Entered: 11/16/2020)
2021-02-1113STATUS REPORT. (joint) and proposal for further status report by April 16, 2021 Document filed by United States Food and Drug Administration..(Aronoff, Peter) (Entered: 02/11/2021)
2021-02-12STATUS REPORT ORDER THE PARTIES SHALL FILE THE NEXT JOINT STATUS LETTER ON OR BEFORE APRIL 16, 2021. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (nd) (Entered: 02/12/2021)
2021-04-1614PROPOSED STIPULATION AND ORDER. Document filed by United States Food and Drug Administration..(Aronoff, Peter) (Entered: 04/16/2021)
2021-04-1915STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the parties by and through their respective counsel that: 1. Pursuant to the FDA's representations that (a) the foregoing constitutes the complete universe of responsive documents as agreed upon by the parties (b) discovered after an adequate search, the above-captioned action is voluntarily dismissed, with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), each side to bear its own costs, attorneys' fees, and expenses; 2. ICAN reserves all rights to seek additional documents, whether or not related to this request, through pending or future FOIA requests to the FDA or any other governmental agency as appropriate and nothing herein shall restrict such right; and 3. This stipulation may be signed in counterparts and electronic (PDF) or fax signatures may be deemed originals for all purposes. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/19/2021) (nb) (Entered: 04/19/2021)
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