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Case TitleNAULT v. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03413
Date Filed2020-11-24
Date ClosedOpen
JudgeChief Judge James E. Boasberg
PlaintiffERIC NAULT
Case DescriptionEric Nault submitted five FOIA requests to the FDA for records concerning various named employees as well as records pertaining to salmonella strands. The agency acknowledged receipt of the requests and told Nault that it would take 18-24 months to process of them. After hearing nothing further from the agency pertaining to any of his requests, Nault filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-241COMPLAINT against FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7874471) filed by ERIC NAULT. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Civil Cover Sheet, # 4 Summons)(Wayne, Merrick) (Entered: 11/24/2020)
2020-11-242NOTICE of Appearance by Merrick Jason Wayne on behalf of ERIC NAULT (Wayne, Merrick) (Entered: 11/24/2020)
2020-11-243NOTICE of Appearance by Matthew Topic on behalf of ERIC NAULT (Topic, Matthew) (Entered: 11/24/2020)
2020-11-24Case Assigned to Judge James E. Boasberg. (adh, ) (Entered: 11/24/2020)
2020-11-244SUMMONS (4) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/24/2020)
2021-01-105NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 01/10/2021)
2021-01-136ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Molen, Kathleene) (Entered: 01/13/2021)
2021-01-14MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by January 28, 2021. So ORDERED by Judge James E. Boasberg on 1/14/2021. (lcjeb1) (Entered: 01/14/2021)
2021-01-14Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 1/28/2021. (znbn) (Entered: 01/14/2021)
2021-01-277Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 01/27/2021)
2021-01-27MINUTE ORDER: The Court ADOPTS the parties' 7 Joint Status Report and ORDERS that they shall file a further joint status report by March 31, 2021. So ORDERED by Judge James E. Boasberg on 1/27/2021. (lcjeb3) (Entered: 01/27/2021)
2021-01-27Set/Reset Deadlines: Status Report due by 3/31/2021. (nbn) (Entered: 01/28/2021)
2021-02-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 12/11/2020 (Wayne, Merrick) (Entered: 02/15/2021)
2021-02-159RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/11/2020 (Wayne, Merrick) (Entered: 02/15/2021)
2021-02-1510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/14/2020. (Wayne, Merrick) (Entered: 02/15/2021)
2021-02-1511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/14/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/13/2021. (Wayne, Merrick) (Entered: 02/15/2021)
2021-03-3112Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 03/31/2021)
2021-04-01MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further joint status report by May 31, 2021. So ORDERED by Judge James E. Boasberg on 4/1/2021. (lcjeb3) (Entered: 04/01/2021)
2021-04-01Set/Reset Deadlines: Joint Status Report due by 5/31/2021. (nbn) (Entered: 04/01/2021)
2021-05-2713Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 05/27/2021)
2021-05-27MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further joint status report by September 30, 2021. So ORDERED by Judge James E. Boasberg on 5/27/2021. (lcjeb3) (Entered: 05/27/2021)
2021-05-27Set/Reset Deadlines: Joint Status Report due by 9/30/2021. (znbn) (Entered: 05/27/2021)
2021-09-2814Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 09/28/2021)
2021-09-28MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Status Report and ORDERS that they shall file a further joint status report by April 28, 2022. So ORDERED by Judge James E. Boasberg on 9/28/2021. (lcjeb3) (Entered: 09/28/2021)
2021-09-28Set/Reset Deadlines: Status Report due by 4/28/2022. (znbn) (Entered: 09/29/2021)
2021-11-0515NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Kathleene A. Molen (Yee, Marsha) (Entered: 11/05/2021)
2022-04-2716NOTICE of Appearance by Joshua Loevy on behalf of ERIC NAULT (Loevy, Joshua) (Entered: 04/27/2022)
2022-04-2817Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 04/28/2022)
2022-04-28MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by October 13, 2022. So ORDERED by Judge James E. Boasberg on 4/28/2022. (lcjeb3) (Entered: 04/28/2022)
2022-04-28Set/Reset Deadlines: Joint Status Report due by 10/13/2022. (nbn) (Entered: 04/28/2022)
2022-10-1318Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 10/13/2022)
2022-10-13MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by April 13, 2023. So ORDERED by Judge James E. Boasberg on 10/13/2022. (lcjeb3) (Entered: 10/13/2022)
2022-10-13Set/Reset Deadlines: Status Report due by 4/13/2023. (nbn) (Entered: 10/13/2022)
2023-04-1019Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Yee, Marsha) (Entered: 04/10/2023)
2023-04-10MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by October 18, 2023. So ORDERED by Chief Judge James E. Boasberg on 4/10/2023. (lcjeb3) (Entered: 04/10/2023)
2023-04-10Set/Reset Deadlines: Joint Status Report due by 10/18/2023. (nbn) (Entered: 04/10/2023)
2023-10-1820Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Yee, Marsha) (Entered: 10/18/2023)
2023-10-18MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by April 18, 2024. So ORDERED by Chief Judge James E. Boasberg on 10/18/2023. (lcjeb3) (Entered: 10/18/2023)
2023-10-18Set/Reset Deadlines: Joint Status Report due by 4/18/2024 (lsj) (Entered: 10/18/2023)
2024-02-1021NOTICE OF SUBSTITUTION OF COUNSEL by Brian P. Hudak on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION Substituting for attorney Marsha Yee (Hudak, Brian) (Entered: 02/10/2024)
2024-03-2022NOTICE OF SUBSTITUTION OF COUNSEL by Dimitar Georgiev-Remmel on behalf of All Defendants Substituting for attorney Brian P. Hudak (Georgiev-Remmel, Dimitar) (Entered: 03/20/2024)
2024-04-1823Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Georgiev-Remmel, Dimitar) (Entered: 04/18/2024)
2024-04-18MINUTE ORDER: The Court ADOPTS the parties' 23 Joint Status Report and ORDERS that they shall file a further joint status report by October 18, 2024. So ORDERED by Chief Judge James E. Boasberg on 4/18/2024. (lcjeb3) (Entered: 04/18/2024)
2024-04-18Set/Reset Deadlines: Joint Status Report due by 10/18/2024. (znbn) (Entered: 04/18/2024)
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