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Case TitleREED SMITH LLP v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02387
Date Filed2021-09-10
Date Closed2022-10-28
JudgeChief Judge Beryl A. Howell
PlaintiffREED SMITH LLP
Case DescriptionThe law firm of Reed Smith LLP submitted a FOIA request to the FDA for records concerning communications between the FDA and the Pharmacy Compounding Advisory Committee pertaining to (a) nicotinamide adeline dinucleotide or (b) the criteria used to determine whether bulk drugs should appear on the list pursuant to 503A(b)(1)(A)(i)(III). The agency acknowledged receipt of the request but after hearing nothing further from the agency, Reed Smith filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFOOD 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

2021-09-101COMPLAINT FOR INJUNCTIVE RELIEF against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-8723261) filed by REED SMITH LLP. (Attachments: # 1 Exhibit FOIA Request and Request Confirmation, # 2 Exhibit FDA FOIA Request Confirmation Email, # 3 Exhibit August 9 Email and Acknowledgement Letter, # 4 Civil Cover Sheet, # 5 Summons FDA, # 6 Summons Attorney General, # 7 Summons U.S. Attorney)(Segroves, James) (Entered: 09/10/2021)
2021-09-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by REED SMITH LLP (Segroves, James) (Entered: 09/10/2021)
2021-09-13Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 09/13/2021)
2021-09-133STANDING ORDER. Signed by Chief Judge Beryl A. Howell on September 13, 2021. (lcbah3) (Entered: 09/13/2021)
2021-09-144SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 09/14/2021)
2021-09-295NOTICE of Appearance by Stephen DeGenaro on behalf of FOOD AND DRUG ADMINISTRATION (DeGenaro, Stephen) (Entered: 09/29/2021)
2021-09-296Consent MOTION for Extension of Time to Respond to the Complaint by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 09/29/2021)
2021-09-29MINUTE ORDER (paperless) GRANTING defendant's 6 Consent Motion for an Extension of Time to Respond to the Complaint and DIRECTING that defendant file a responsive pleading or motion by November 3, 2021. Signed by Chief Judge Beryl A. Howell on September 29, 2021. (lcbah3) (Entered: 09/29/2021)
2021-10-01Set/Reset Deadlines: Answer to the Complaint due by 11/3/2021. (ztg) (Entered: 10/01/2021)
2021-11-037ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(DeGenaro, Stephen) (Entered: 11/03/2021)
2021-11-178Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (DeGenaro, Stephen) (Entered: 11/17/2021)
2021-11-18MINUTE ORDER (paperless) DIRECTING, in light of the parties' 8 Joint Status Report, the parties to submit, by January 5, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on November 18, 2021. (lcbah3) (Entered: 11/18/2021)
2021-11-23Set/Reset Deadlines: Joint Status Report due by 1/5/2022. (ztg) (Entered: 11/23/2021)
2022-01-059Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (DeGenaro, Stephen) (Entered: 01/05/2022)
2022-01-06MINUTE ORDER (paperless) DIRECTING, in light of the parties' 9 Joint Status Report, the parties to submit, by February 4, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on January 6, 2022. (lcbah3) (Entered: 01/06/2022)
2022-01-07Set/Reset Deadlines: Joint Status Report due by 2/4/2022. (ztg) (Entered: 01/07/2022)
2022-02-0410Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (DeGenaro, Stephen) (Entered: 02/04/2022)
2022-02-04MINUTE ORDER (paperless) DIRECTING, in light of the parties' 10 Joint Status Report, the parties to submit, by March 2, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on February 4, 2022. (lcbah3) (Entered: 02/04/2022)
2022-02-04Set/Reset Deadlines: Joint Status Report due by 3/2/2022. (ztg) (Entered: 02/04/2022)
2022-03-0211Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (DeGenaro, Stephen) (Entered: 03/02/2022)
2022-03-02MINUTE ORDER (paperless) DIRECTING, in light of the parties' 11 Joint Status Report, the parties to submit, by April 1, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on March 2, 2022. (lcbah3) (Entered: 03/02/2022)
2022-03-03Set/Reset Deadlines: Joint Status Report due by 4/1/2022. (ztg) (Entered: 03/03/2022)
2022-04-0112Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (DeGenaro, Stephen) (Entered: 04/01/2022)
2022-04-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to file, by May 2, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on April 1, 2022. (lcbah3) (Entered: 04/01/2022)
2022-04-01Set/Reset Deadlines: Joint Status Report due by 5/2/2022. (ztg) (Entered: 04/01/2022)
2022-05-0213Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (DeGenaro, Stephen) (Entered: 05/02/2022)
2022-05-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to file, by August 1, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on May 4, 2022. (lcbah3) (Entered: 05/04/2022)
2022-05-04Set/Reset Deadlines: Joint Status Report due by 8/1/2022. (ztg) (Entered: 05/04/2022)
2022-08-0114Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (DeGenaro, Stephen) (Entered: 08/01/2022)
2022-08-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to submit, by October 31, 2022, a joint status report advising the Court of the status of their discussions concerning the resolution of this matter and proposing a schedule for further proceedings, unless a stipulation of dismissal has been filed prior to that date. Signed by Chief Judge Beryl A. Howell on August 1, 2022. (lcbah3) (Entered: 08/01/2022)
2022-08-02Set/Reset Deadlines: Joint Status Report due by 10/31/2022. (ztg) (Entered: 08/02/2022)
2022-10-2715STIPULATION of Dismissal (Joint) by REED SMITH LLP. (Segroves, James) (Entered: 10/27/2022)
2022-10-27MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, pursuant to plaintiff's 15 Joint Stipulation of Dismissal and Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on October 27, 2022. (lcbah3) (Entered: 10/27/2022)
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