| Date Filed | Doc # | Docket Text |
|
| 2021-02-03 | 1 | NO PROCESS- COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15530987). Filed by Bioscience Advisors, Inc. (Attachments: # 1 Civil Cover Sheet)(Pehrson, Chad) (Filed on 2/3/2021) Modified on 2/4/2021 (anjS, COURT STAFF). (Entered: 02/03/2021) |
| 2021-02-04 | 2 | Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/18/2021. (mbcS, COURT STAFF) (Filed on 2/4/2021) (Entered: 02/04/2021) |
| 2021-02-04 | 3 | Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/4/2021. Initial Case Management Conference set for 5/11/2021 01:30 PM in Oakland, - To be determined. (anjS, COURT STAFF) (Filed on 2/4/2021) (Entered: 02/04/2021) |
| 2021-02-16 | 4 | Proposed Summons. (Pehrson, Chad) (Filed on 2/16/2021) (Entered: 02/16/2021) |
| 2021-02-16 | 5 | Proposed Summons. (Pehrson, Chad) (Filed on 2/16/2021) (Entered: 02/16/2021) |
| 2021-02-16 | 6 | Proposed Summons. (Pehrson, Chad) (Filed on 2/16/2021) (Entered: 02/16/2021) |
| 2021-02-17 | 7 | Summons Issued as to David S. Ferriero, U.S. Attorney and U.S. Attorney General (anjS, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021) |
| 2021-02-17 | 8 | Summons Issued as to National Archives and Records Administration. (anjS, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021) |
| 2021-02-17 | 9 | Summons Issued as to Allison Herren Lee, U.S. Attorney and U.S. Attorney General (anjS, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021) |
| 2021-02-18 | 10 | Proposed Summons. (Pehrson, Chad) (Filed on 2/18/2021) (Entered: 02/18/2021) |
| 2021-02-19 | | Electronic filing error . Name on Summons must match the corresponding name on the Complaint exactly. This filing will not be processed by the clerks office. Please re-file in its entirety. Re: 10 Proposed Summons filed by Bioscience Advisors, Inc. (anjS, COURT STAFF) (Filed on 2/19/2021) (Entered: 02/19/2021) |
| 2021-02-22 | 11 | Proposed Summons. (Pehrson, Chad) (Filed on 2/22/2021) (Entered: 02/22/2021) |
| 2021-02-22 | 12 | CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/8/2021. (dtmS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021) |
| 2021-02-23 | 13 | Summons Issued as to United States Securities and Exchange Commission, U.S. Attorney and U.S. Attorney General (anjS, COURT STAFF) (Filed on 2/23/2021) (Entered: 02/23/2021) |
| 2021-03-11 | 14 | CLERK'S SECOND NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/25/2021. (dtmS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021) |
| 2021-03-15 | 15 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bioscience Advisors, Inc... (Pehrson, Chad) (Filed on 3/15/2021) (Entered: 03/15/2021) |
| 2021-03-18 | 16 | NOTICE of Appearance by Alexandra Rachel Saslaw (Saslaw, Alexandra) (Filed on 3/18/2021) (Entered: 03/18/2021) |
| 2021-03-22 | 17 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David S. Ferriero, Allison Herren Lee, National Archives and Records Administration, United States Securities and Exchange Commission.. (Saslaw, Alexandra) (Filed on 3/22/2021) (Entered: 03/22/2021) |
| 2021-03-22 | 18 | CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 3/22/2021) (Entered: 03/22/2021) |
| 2021-03-23 | 19 | ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Signed by the Clerk on 3/23/2021. (anjS, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021) |
| 2021-03-23 | 20 | CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for May 11, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by May 4, 2021. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-00866-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021) |
| 2021-04-20 | 21 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Saslaw, Alexandra) (Filed on 4/20/2021) (Entered: 04/20/2021) |
| 2021-04-20 | 22 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pehrson, Chad) (Filed on 4/20/2021) (Entered: 04/20/2021) |
| 2021-04-23 | 23 | CLERK'S NOTICE RE DOCKET NO. 20 . Notice is hereby given that the case management conference set for May 11th will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929 Access Code: 6064255 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 4/23/2021) (Entered: 04/23/2021) |
| 2021-04-26 | 24 | MOTION to Dismiss filed by David S. Ferriero, Allison Herren Lee, National Archives and Records Administration, United States Securities and Exchange Commission. Motion Hearing set for 7/22/2021 02:00 PM before Judge Haywood S Gilliam Jr.. Responses due by 5/10/2021. Replies due by 5/17/2021. (Attachments: # 1 McInerney Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order)(Saslaw, Alexandra) (Filed on 4/26/2021) (Entered: 04/26/2021) |
| 2021-04-27 | | Electronic filing error . REMINDER TO COUNSEL: Judges name is incorrect on the signature line of the Proposed Order. Counsel need not re-file the document , but should refere nce the Judges name as Haywood S. Gilliam, Jr. on future filings. Re: 24 MOTION to Dismiss filed by National Archives and Records Administration, David S. Ferriero, United States Securities and Exchange Commission, Allison Herren Lee (bnsS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021) |
| 2021-05-04 | 25 | MOTION for Extension of Time to File Joint Case Management Statement filed by David S. Ferriero, Allison Herren Lee, National Archives and Records Administration, United States Securities and Exchange Commission. (Attachments: # 1 Declaration, # 2 Proposed Order)(Saslaw, Alexandra) (Filed on 5/4/2021) (Entered: 05/04/2021) |
| 2021-05-05 | 26 | ORDER by Judge Haywood S. Gilliam, Jr. Granting 25 Motion for Extension of Time to File Joint Case Management Statement. Joint Case Management Statement due by 5/6/2021. (ndrS, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021) |
| 2021-05-06 | 27 | JOINT CASE MANAGEMENT STATEMENT filed by David S. Ferriero, Allison Herren Lee, National Archives and Records Administration, United States Securities and Exchange Commission, and Bioscience Advisors, Inc.. (Saslaw, Alexandra) (Filed on 5/6/2021) Modified on 5/7/2021 (bnsS, COURT STAFF). (Entered: 05/06/2021) |
| 2021-05-10 | 28 | CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that on July 22, 2021 at 2:00 PM the Honorable Haywood S. Gilliam, Jr. will conduct the Initial Case Management Conference previously notice for May 11, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 5/10/2021) (Entered: 05/10/2021) |
| 2021-05-12 | 29 | ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiff TO SHOW CAUSE why Dkt. No. 24 Defendant's motion to dismiss should not be granted for failure to file a response by the May 10, 2021 deadline, or a statement of non-opposition as required by Civil L.R. 7-3(b). Plaintiff shall file a statement of two pages or less by May 19, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 5/12/2021) (Entered: 05/12/2021) |
| 2021-05-14 | 30 | STIPULATION WITH PROPOSED ORDER Re Amendment and Briefing Schedule, filed by Bioscience Advisors, Inc., David S. Ferriero, Allison Herren Lee, National Archives and Records Administration, United States Securities and Exchange Commission. (Pehrson, Chad) (Filed on 5/14/2021) Modified on 5/17/2021 (jlmS, COURT STAFF). (Entered: 05/14/2021) |
| 2021-05-18 | 31 | ORDER by Judge Haywood S. Gilliam, Jr. Granting 30 Stipulation Re Amendment and Briefing Schedule. Admissions due by 5/24/2021; Motions due by 6/14/2021; and Responses due by 6/28/2021. (ndrS, COURT STAFF) (Filed on 5/18/2021) (Entered: 05/18/2021) |
| 2021-05-24 | 32 | FIRST AMENDED COMPLAINT against Bioscience Advisors, Inc., David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. Filed byBioscience Advisors, Inc.. (Pehrson, Chad) (Filed on 5/24/2021) Modified on 5/25/2021 (bnsS, COURT STAFF). (Entered: 05/24/2021) |
| 2021-06-14 | 33 | MOTION to Dismiss Amended Complaint filed by David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. Motion Hearing set for 7/22/2021 02:00 PM before Judge Haywood S Gilliam Jr.. Responses due by 6/28/2021. Replies due by 7/6/2021. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Proposed Order)(Saslaw, Alexandra) (Filed on 6/14/2021) (Entered: 06/14/2021) |
| 2021-06-24 | 34 | MOTION for leave to appear in Pro Hac Vice for Jonathan A. Collier (Filing fee $ 317, receipt number 0971-16111642.) filed by Bioscience Advisors, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing (Utah))(Collier, Jonathan) (Filed on 6/24/2021) Modified on 6/25/2021 (jlmS, COURT STAFF). (Entered: 06/24/2021) |
| 2021-06-28 | 35 | OPPOSITION/RESPONSE (re 33 MOTION to Dismiss Amended Complaint ) filed byBioscience Advisors, Inc.. (Pehrson, Chad) (Filed on 6/28/2021) (Entered: 06/28/2021) |
| 2021-06-30 | 36 | ORDER by Judge Haywood S. Gilliam, Jr. Granting 34 Motion for Pro Hac Vice for Jonathan A. Collier. (ndrS, COURT STAFF) (Filed on 6/30/2021) (Entered: 06/30/2021) |
| 2021-07-06 | 37 | REPLY (re 33 MOTION to Dismiss Amended Complaint ) filed byDavid S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. (Saslaw, Alexandra) (Filed on 7/6/2021) (Entered: 07/06/2021) |
| 2021-07-21 | 38 | CLERK'S NOTICE. Notice is hereby given that the Court takes the pending 33 motion to dismiss filings under submission. The hearing and the case management conference previously scheduled for July 22, 2021 at 2:00 p.m. are vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 7/21/2021) (Entered: 07/21/2021) |
| 2022-02-08 | 39 | ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IN PART AND DENYING IN PART 33 MOTION TO DISMISS. Amended Pleadings due by 3/1/2022; Case Management Statement due by 2/22/2022; and Initial Case Management Conference set for 3/1/2022 02:00 PM. Given the ongoing COVID-19 pandemic, the parties will be advised closer to the hearing whether it will take place telephonically or in person.(ndr, COURT STAFF) (Filed on 2/8/2022) (Entered: 02/08/2022) |
| 2022-02-18 | 40 | STIPULATION WITH PROPOSED ORDER filed by David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. (Saslaw, Alexandra) (Filed on 2/18/2022) (Entered: 02/18/2022) |
| 2022-02-22 | 41 | ORDER by Judge Haywood S. Gilliam, Jr. Granting 40 STIPULATION REQUESTING EXTENSION OF TIME TO FILE JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/8/2022. Initial Case Management Conference set for 3/15/2022 02:00 PM in Oakland, - To be determined. Given the ongoing COVID-19 pandemic, the parties will be advised closer to the hearing whether it will take place telephonically or in person (bns, COURT STAFF) (Filed on 2/22/2022) (Entered: 02/22/2022) |
| 2022-02-25 | 42 | CLERK'S NOTICE RE DOCKET NO. 41 . Notice is hereby given that the case management conference previously set for March 15, 2022 will be held telephonically. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929 Access Code: 6064255 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 2/25/2022) (Entered: 02/25/2022) |
| 2022-03-01 | 43 | AMENDED COMPLAINT (Second) against David S. Ferriero, Gary Gensler, Allison Herren Lee, National Archives and Records Administration, United States Securities and Exchange Commission. Filed byBioscience Advisors, Inc.. (Attachments: # 1 Exhibit A - Spreadsheet Listing FOIA Violations,, # 2 Exhibit B - Email from Felicia Taylor to Plaintiff dated May 20, 2020, # 3 Exhibit C - Email from Carrie Hyde-Michaels to Plaintiff dated July 20, 2020, # 4 Exhibit D - Emails from SEC Dated 5-21-20, # 5 Exhibit E - Email from Lizzette Katilius to Plaintiff dated September 11, 2020, # 6 Exhibit F - FOIA Appeal Response October 28, 2021, # 7 Exhibit G - FOIA Log October 2020, # 8 Exhibit H - FOIA Log October 2021, # 9 Exhibit I - Order Granting Confidential Treatment re Forty Seven, # 10 Exhibit J - Forty Seven FOIA Request, # 11 Exhibit K - Forty Seven FOIA Response, # 12 Exhibit L - Order Granting Confidential Treatment - Keryx, # 13 Exhibit M - FOIA Request - Keryx, # 14 Exhibit N - Order re FOIA Request - Keryx)(Pehrson, Chad) (Filed on 3/1/2022) (Entered: 03/01/2022) |
| 2022-03-08 | 44 | JOINT CASE MANAGEMENT STATEMENT filed by Bioscience Advisors, Inc.. (Pehrson, Chad) (Filed on 3/8/2022) (Entered: 03/08/2022) |
| 2022-03-15 | 45 | Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr: Telephonic Initial Case Management Conference held on 3/15/2022. Total Time in Court: 7 minutes. Not Reported. Plaintiff Attorney: Chad Pehrson. Defendant Attorney: Alexandra Saslaw. Parties are each directed to submit a letter brief of no more than 5 pages by March 22, 2022, and responsive briefs of no more than 5 pages by March 29, 2022, regarding discovery issues as stated on the record. The Court sets the following deadlines: Answer to Complaint Due 4/12/2022; Motion for Summary Judgment Due 5/17/2022; Opposition Due 6/15/2022; Reply Due 7/6/2022; Hearing on Motion for Summary Judgment set for 8/4/2022 at 2:00pm. Written scheduling order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Date Filed: 3/15/2022) Modified on 3/28/2022 to correct hearing date for Motion for Summary Judgment.(wft, COURT STAFF). Modified on 3/28/2022 to clarify hearing held telephonically. (wft, COURT STAFF). (Entered: 03/16/2022) |
| 2022-03-21 | 46 | SCHEDULING ORDER. Signed by Judge Haywood S. Gilliam, Jr. on 3/21/2022. Motions due by 5/17/2022. Responses due by 6/15/2022. Replies due by 7/6/2022. Motion Hearing set for 8/4/2022 02:00 PM in Oakland, - To be determined before Judge Haywood S. Gilliam, Jr. (bns, COURT STAFF) (Filed on 3/21/2022) (Entered: 03/21/2022) |
| 2022-03-22 | 47 | Discovery Letter Brief filed by David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. (Attachments: # 1 Exhibit A)(Saslaw, Alexandra) (Filed on 3/22/2022) (Entered: 03/22/2022) |
| 2022-03-22 | 48 | Discovery Letter Brief filed by Bioscience Advisors, Inc.. (Pehrson, Chad) (Filed on 3/22/2022) (Entered: 03/22/2022) |
| 2022-03-29 | 49 | Discovery Letter Brief filed by David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. (Saslaw, Alexandra) (Filed on 3/29/2022) (Entered: 03/29/2022) |
| 2022-03-29 | 50 | Second Discovery Letter Brief filed by Bioscience Advisors, Inc.. (Pehrson, Chad) (Filed on 3/29/2022) (Entered: 03/29/2022) |
| 2022-04-07 | 51 | ORDER by Judge Haywood S. Gilliam, Jr. STAYING DISCOVERY. This order terminates docket nos. 47 , 48 , 49 , and 50 . (ndr, COURT STAFF) (Filed on 4/7/2022) (Entered: 04/07/2022) |
| 2022-04-11 | 52 | ****DISREGARD, SEE DOCKET NO. 53.*** CLERKS NOTICE. Notice is hereby given that the dispositive motion hearing previously scheduled for August 4, 2022 at 2:00 p.m. will be held on July 28, 2022 at 2:00 p.m. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, California. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cwlc4, COURT STAFF) (Filed on 4/11/2022) Modified on 4/11/2022 to identify location for motion hearing (cwlc4, COURT STAFF). Modified on 4/11/2022 (ndr, COURT STAFF). (Entered: 04/11/2022) |
| 2022-04-11 | 53 | ORDER by Judge Haywood S. Gilliam, Jr. Notice is hereby given that the dispositive motion hearing previously scheduled for August 4, 2022 at 2:00 p.m. will be held on July 28, 2022 at 2:00 p.m. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, California. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cwlc4, COURT STAFF) (Filed on 4/11/2022) (Entered: 04/11/2022) |
| 2022-04-11 | | Reset Hearing, See Docket No. 53 : Motion Hearing set for 7/28/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 4/11/2022) (Entered: 04/11/2022) |
| 2022-04-12 | 54 | ANSWER to Amended Complaint byDavid S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. (Saslaw, Alexandra) (Filed on 4/12/2022) (Entered: 04/12/2022) |
| 2022-05-13 | 55 | STIPULATION WITH PROPOSED ORDER filed by David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. (Saslaw, Alexandra) (Filed on 5/13/2022) (Entered: 05/13/2022) |
| 2022-05-16 | 56 | ORDER by Judge Haywood S. Gilliam, Jr. Granting 55 Stipulation. Motions due by 5/24/2022; Responses due by 6/22/2022; and Replies due by 7/13/2022. (ndr, COURT STAFF) (Filed on 5/16/2022) (Entered: 05/16/2022) |
| 2022-05-24 | 57 | STIPULATION WITH PROPOSED ORDER Regarding Leave to File Excess Pages filed by David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. (Saslaw, Alexandra) (Filed on 5/24/2022) (Entered: 05/24/2022) |
| 2022-05-24 | 58 | ORDER by Judge Haywood S. Gilliam, Jr. Denying 57 Stipulation Regarding Leave to File Excess Pages. (ndr, COURT STAFF) (Filed on 5/24/2022) (Entered: 05/24/2022) |
| 2022-05-24 | 59 | NOTICE by David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission of Filing of Administrative Record (Attachments: # 1 Certification of Administrative Record, # 2 Index to Administrative Record, # 3 Administrative Record, # 4 Certification of Administrative Record, # 5 Index to Administrative Record, # 6 Administrative Record, # 7 Certification of Administrative Record)(Saslaw, Alexandra) (Filed on 5/24/2022) (Entered: 05/24/2022) |
| 2022-05-24 | 60 | MOTION for Summary Judgment filed by David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. Motion Hearing set for 7/28/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 6/22/2022. Replies due by 7/13/2022. (Attachments: # 1 Decl. of Raymond McInerney, # 2 Decl. of Mark Tallarico, # 3 Proposed Order)(Saslaw, Alexandra) (Filed on 5/24/2022) (Entered: 05/24/2022) |
| 2022-06-21 | 61 | OPPOSITION/RESPONSE (re 60 MOTION for Summary Judgment ) filed byBioscience Advisors, Inc.. (Attachments: # 1 Declaration of Mark Edwards in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit A to Declaration of Mark Edwards, # 3 Exhibit B to Declaration of Mark Edwards, # 4 Exhibit C to Declaration of Mark Edwards, # 5 Exhibit D to Declaration of Mark Edwards, # 6 Exhibit E to Declaration of Mark Edwards, # 7 Exhibit F to Declaration of Mark Edwards, # 8 Exhibit G to Declaration of Mark Edwards, # 9 Exhibit H to Declaration of Mark Edwards, # 10 Exhibit I to Declaration of Mark Edwards, # 11 Exhibit J to Declaration of Mark Edwards, # 12 Exhibit K to Declaration of Mark Edwards)(Pehrson, Chad) (Filed on 6/21/2022) (Entered: 06/21/2022) |
| 2022-06-21 | 62 | MOTION for Discovery Rule 56(d) Motion filed by Bioscience Advisors, Inc.. Motion Hearing set for 7/28/2022 02:00 PM before Judge Haywood S Gilliam Jr.. Responses due by 7/5/2022. Replies due by 7/12/2022. (Attachments: # 1 Exhibit A - Declaration of Mark Edwards, # 2 Exhibit A to Declaration of Mark Edwards, # 3 Exhibit B to Declaration of Mark Edwards, # 4 Exhibit C to Declaration of Mark Edwards, # 5 Exhibit D to Declaration of Mark Edwards, # 6 Exhibit E to Declaration of Mark Edwards, # 7 Exhibit F to Declaration of Mark Edwards, # 8 Exhibit G to Declaration of Mark Edwards, # 9 Exhibit H to Declaration of Mark Edwards, # 10 Exhibit I to Declaration of Mark Edwards, # 11 Exhibit J to Declaration of Mark Edwards, # 12 Exhibit K to Declaration of Mark Edwards)(Pehrson, Chad) (Filed on 6/21/2022) (Entered: 06/21/2022) |
| 2022-07-01 | 63 | OPPOSITION/RESPONSE (re 62 MOTION for Discovery Rule 56(d) Motion ) filed byDavid S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. (Saslaw, Alexandra) (Filed on 7/1/2022) (Entered: 07/01/2022) |
| 2022-07-12 | 64 | REPLY (re 60 MOTION for Summary Judgment ) filed byDavid S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. (Attachments: # 1 Second Declaration of Mark Tallarico, # 2 Exhibit A)(Saslaw, Alexandra) (Filed on 7/12/2022) (Entered: 07/12/2022) |
| 2022-07-12 | 65 | REPLY (re 62 MOTION for Discovery Rule 56(d) Motion ) filed byBioscience Advisors, Inc.. (Pehrson, Chad) (Filed on 7/12/2022) (Entered: 07/12/2022) |
| 2022-07-22 | 66 | CLERK'S NOTICE. Notice is hereby given that the Court takes the pending 60 motion for summary judgment and 62 Rule 56(d) motion filings under submission. The hearings previously scheduled for July 28, 2022 at 2:00 p.m. are vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/22/2022) (Entered: 07/22/2022) |
| 2022-11-09 | 67 | ORDER by Hon. Haywood S. Gilliam, Jr. as to Defendants David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. In the Decl. of Mark Tallarico, (Dkt. No. 60-2), Defendants describe the process by which they considered Plaintiffs administrative appeals for Appeal No. 21-00183-APPS (Paras. 8-13) and Appeal No. 21-00008-APPS (Paras. 5-7). The Administrative Record includes the appeal decision regarding Appeal No. 21-00183-APPS, and the Index to the Administrative Record (Dkt. No. 59-5) includes this appeal decision. The Index to the Administrative Record does not include the decision regarding Appeal No. 21-00008-APPS. If it is included in the Administrative Record, the Defendants are directed to submit a filing of no more than one page by November 14, 2022 identifying where in the record the document is located. If Appeal No. 21-00008-APPS is not included in the Administrative Record, then the Defendants shall provide it by that same date and explain in a filing of no more than two pages why it is not part of the record. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cwlc2, COURT STAFF) (Filed on 11/9/2022) Modified on 11/9/2022 to remove Clerk's Notice (cwlc2, COURT STAFF). (Entered: 11/09/2022) |
| 2022-11-10 | 68 | NOTICE by David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission re 67 Clerk's Notice,,,,, (Attachments: # 1 Exhibit A (Appeal Decision for No. 21-00008-APPS))(Saslaw, Alexandra) (Filed on 11/10/2022) (Entered: 11/10/2022) |
| 2022-12-02 | 69 | ORDER by Hon. Haywood S. Gilliam, Jr. as to Defendants David S. Ferriero, Gary Gensler, National Archives and Records Administration, United States Securities and Exchange Commission. In the Motion for Summary Judgment, (Dkt. No. 60 (Mot.)), Defendants reference a Decl. of Donald Rosen. See, e.g. Mot. at 15. The Rosen Declaration was not filed with the Motion for Summary Judgment. If it is elsewhere in the docket, the Defendants are directed to submit a filing of no more than one page by December 6, 2022 identifying where in the record the document is located. If the Rosen Declaration is not filed in the docket, then the Defendants shall provide it by that same date and explain in a filing of no more than two pages why it was not previously filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cwlc2, COURT STAFF) (Filed on 12/2/2022) (Entered: 12/02/2022) |
| 2022-12-06 | 70 | NOTICE of Appearance by Cormac A Early (Early, Cormac) (Filed on 12/6/2022) (Entered: 12/06/2022) |
| 2022-12-06 | 71 | RESPONSE to the Court's December 2, 2022, Order, ECF No. 69 by David S. Ferriero, Gary Gensler, Allison Herren Lee, National Archives and Records Administration, United States Securities and Exchange Commission. (Early, Cormac) (Filed on 12/6/2022) (Entered: 12/06/2022) |
| 2023-01-11 | 72 | ORDER GRANTING 60 MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS 62 RULE 56(D) MOTION. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 1/11/2023. (ndr, COURT STAFF) (Filed on 1/11/2023) (Entered: 01/11/2023) |
| 2023-01-11 | 73 | CLERK'S JUDGMENT in favor of National Archives and Records Administration, United States Securities and Exchange Commission, David S. Ferriero, Gary Gensler against Bioscience Advisors, Inc. (ndr, COURT STAFF) (Filed on 1/11/2023) (Entered: 01/11/2023) |
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