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Case TitleVANDA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03808
Date Filed2022-12-22
Date Closed2024-12-05
JudgeChief Judge James E. Boasberg
PlaintiffVANDA PHARMACEUTICALS, INC.
Case DescriptionVanda Pharmaceuticals submitted a FOIA request for records concerning communications with any individual or outside entity regarding the drug tasimelteon. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda Pharmaceuticals filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-12-221COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9751716) filed by VANDA PHARMACEUTICALS, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Civil Cover Sheet)(Hughes, Paul) (Entered: 12/22/2022)
2022-12-222NOTICE OF RELATED CASE by VANDA PHARMACEUTICALS, INC.. Case related to Case No. 22-cv-3807. (Hughes, Paul) (Entered: 12/22/2022)
2022-12-233LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VANDA PHARMACEUTICALS, INC. (Hughes, Paul) (Entered: 12/23/2022)
2022-12-27Case Assigned to Judge James E. Boasberg. (zljn) (Entered: 12/27/2022)
2022-12-274SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 12/27/2022)
2023-01-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/30/2022. Answer due for ALL FEDERAL DEFENDANTS by 1/29/2023. (Hughes, Paul) (Entered: 01/04/2023)
2023-01-256NOTICE of Appearance by Bradley Silverman on behalf of FOOD AND DRUG ADMINISTRATION (Silverman, Bradley) (Entered: 01/25/2023)
2023-01-307ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Silverman, Bradley) (Entered: 01/30/2023)
2023-01-31MINUTE ORDER: The Court ORDERS that the parties shall confer and propose a joint briefing schedule by February 14, 2023. So ORDERED by Judge James E. Boasberg on 1/31/2023. (lcjeb2) (Entered: 01/31/2023)
2023-01-31Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 2/14/2023. (nbn) (Entered: 01/31/2023)
2023-02-148Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 02/14/2023)
2023-02-14MINUTE ORDER: The Court ADOPTS the parties' 8 Joint Status Report and ORDERS that they shall file a further joint status report by February 28, 2023. So ORDERED by Judge James E. Boasberg on 2/14/2023. (lcjeb2) (Entered: 02/14/2023)
2023-02-14Set/Reset Deadlines: Joint Status Report due by 2/28/2023. (nbn) (Entered: 02/15/2023)
2023-02-289ENTERED IN ERROR.....Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley); Modified on 3/3/2023 - Document refiled as docket entry 10 (ztth). (Entered: 02/28/2023)
2023-02-2810Joint STATUS REPORT (corrected case number) by FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 02/28/2023)
2023-03-01MINUTE ORDER: The Court ADOPTS the parties' 10 Joint Status Report and ORDERS that they shall file a further joint status report by March 14, 2023. So ORDERED by Judge James E. Boasberg on 3/1/2023. (lcjeb2) (Entered: 03/01/2023)
2023-03-01Set/Reset Deadlines: Joint Status Report due by 3/14/2023. (nbn) (Entered: 03/01/2023)
2023-03-1411Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 03/14/2023)
2023-03-15MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further joint status report by July 3, 2023. So ORDERED by Judge James E. Boasberg on 3/15/2023. (lcjeb2) (Entered: 03/15/2023)
2023-03-15Set/Reset Deadlines: Joint Status Report due by 7/3/2023. (nbn) (Entered: 03/17/2023)
2023-03-1612MOTION to Vacate Order by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Ex. A, # 2 Ex. B)(Silverman, Bradley) (Entered: 03/16/2023)
2023-03-17NOTICE OF ERROR re 12 Motion to Vacate; emailed to bradley.silverman@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. The Proposed Order should be uploaded in the attachment field. (ztth, ) (Entered: 03/17/2023)
2023-03-2013RESPONSE re 12 MOTION to Vacate Order filed by VANDA PHARMACEUTICALS, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Hughes, Paul) (Entered: 03/20/2023)
2023-03-28MINUTE ORDER: The Court ORDERS that the parties shall confer to see if they can reach a further agreement on a processing schedule. They shall then submit a further Joint Status Report by April 4, 2023. In the event that agreement is not reached, the Court will resolve the pending Motion to Vacate. So ORDERED by Chief Judge James E. Boasberg on 3/28/23. (lcjeb4) (Entered: 03/28/2023)
2023-03-28Set/Reset Deadlines: Joint Status Report due by 4/4/2023. (nbn) (Entered: 03/28/2023)
2023-03-2914Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 03/29/2023)
2023-03-29MINUTE ORDER: The Court ORDERS that: 1) The parties' 14 JSR is ADOPTED; 2) The 12 Motion to Vacate is DENIED; and 3) The parties shall submit a further JSR by July 3, 2023. So ORDERED by Chief Judge James E. Boasberg on 3/29/23. (lcjeb4) (Entered: 03/29/2023)
2023-03-29Set/Reset Deadlines: Joint Status Report due by 7/3/2023. (nbn) (Entered: 03/29/2023)
2023-07-0315Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 07/03/2023)
2023-08-0316Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 08/03/2023)
2023-08-10MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by October 3, 2023. So ORDERED by Judge James E. Boasberg on 8/10/2023. (lcjeb4) (Entered: 08/10/2023)
2023-08-10Set/Reset Deadlines: Joint Status Report due by 10/3/2023. (nbn) (Entered: 08/10/2023)
2023-09-2817Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 09/28/2023)
2023-09-29MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by December 1, 2023. So ORDERED by Chief Judge James E. Boasberg on 9/29/2023. (lcjeb4) (Entered: 09/29/2023)
2023-09-29Set/Reset Deadlines: Status Report due by 12/1/2023. (nbn) (Entered: 09/29/2023)
2023-10-1918NOTICE of Appearance by Charles H. Seidell on behalf of VANDA PHARMACEUTICALS, INC. (Seidell, Charles) (Entered: 10/19/2023)
2023-12-0119Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 12/01/2023)
2023-12-01MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by January 30, 2024. So ORDERED by Chief Judge James E. Boasberg on 12/1/2023. (lcjeb4) (Entered: 12/01/2023)
2023-12-01Set/Reset Deadlines: Joint Status Report due by 1/30/2024. (znbn) (Entered: 12/01/2023)
2024-01-3020Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 01/30/2024)
2024-01-30MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by March 29, 2024. So ORDERED by Chief Judge James E. Boasberg on 1/30/2024. (lcjeb4) (Entered: 01/30/2024)
2024-03-2921Consent MOTION for Extension of Time to file Joint Status Report by VANDA PHARMACEUTICALS, INC.. (Attachments: # 1 Text of Proposed Order)(Hughes, Paul) (Entered: 03/29/2024)
2024-04-01MINUTE ORDER: The Court ORDERS that: 1) The 21 Consent Motion for Extension of Time is GRANTED; and 2) The parties shall submit their next joint status report by April 26, 2024. So ORDERED by Chief Judge James E. Boasberg on 4/1/2024. (lcjeb4) (Entered: 04/01/2024)
2024-04-01Set/Reset Deadlines: Joint Status Report due by 4/26/2024. (znbn) (Entered: 04/01/2024)
2024-04-2622Joint STATUS REPORT by VANDA PHARMACEUTICALS, INC.. (Hughes, Paul) (Entered: 04/26/2024)
2024-04-29MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file a further joint status report by May 24, 2024. So ORDERED by Chief Judge James E. Boasberg on 4/29/2024. (lcjeb4) (Entered: 04/29/2024)
2024-04-29Set/Reset Deadlines: Joint Status Report due by 5/24/2024. (znbn) (Entered: 04/29/2024)
2024-05-2423Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 05/24/2024)
2024-05-28MINUTE ORDER: The Court ADOPTS the parties' 23 Joint Status Report and ORDERS that they shall file a further joint status report by July 24, 2024. So ORDERED by Chief Judge James E. Boasberg on 5/28/2024. (lcjeb4) (Entered: 05/28/2024)
2024-05-28Set/Reset Deadlines: Joint Status Report due by 7/24/2024. (znbn) (Entered: 05/28/2024)
2024-07-2424Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 07/24/2024)
2024-07-24MINUTE ORDER: The Court ADOPTS the parties' 24 Joint Status Report and ORDERS that they shall file a further joint status report by October 24, 2024. So ORDERED by Chief Judge James E. Boasberg on July 24, 2024. (lcjeb4) (Entered: 07/24/2024)
2024-07-24Set/Reset Deadlines: Joint Status Report due by 10/24/2024. (znbn) (Entered: 07/24/2024)
2024-10-1425MOTION to Consolidate Cases by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Philips Decl., # 2 Ex. 1, # 3 Ex. 2, # 4 Ex. 3, # 5 Ex. 4, # 6 Ex. 5, # 7 Text of Proposed Order)(Silverman, Bradley). Added MOTION to Stay on 10/15/2024 (znmw). (Entered: 10/14/2024)
2024-10-2226Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Consolidate Cases MOTION to Stay by VANDA PHARMACEUTICALS, INC.. (Attachments: # 1 Text of Proposed Order)(Hughes, Paul) (Entered: 10/22/2024)
2024-10-23MINUTE ORDER: The Court ORDERS that: 1) The Consent 26 Motion for Extension of Time is GRANTED; and 2) Plaintiff shall file its Response by November 8, 2024. So ORDERED by Chief Judge James E. Boasberg on October 23, 2024. (lcjeb4) (Entered: 10/23/2024)
2024-10-23Set/Reset Deadlines: Responses due by 11/8/2024. (znbn) Modified to amend deadline on 10/24/2024 (znbn). (Entered: 10/24/2024)
2024-10-2427Joint STATUS REPORT by VANDA PHARMACEUTICALS, INC.. (Hughes, Paul) (Entered: 10/24/2024)
2024-10-28MINUTE ORDER: The Court ADOPTS the parties' 27 Joint Status Report and ORDERS that they shall file a further joint status report by January 21, 2025. So ORDERED by Chief Judge James E. Boasberg on 10/28/2025. (lcjeb4) (Entered: 10/28/2024)
2024-10-28Set/Reset Deadlines: Joint Status Report due by 1/21/2025. (znbn) (Entered: 10/28/2024)
2024-11-0828Memorandum in opposition to re 25 Motion to Consolidate Cases,, Motion to Stay, filed by VANDA PHARMACEUTICALS, INC.. (Attachments: # 1 Text of Proposed Order)(Hughes, Paul) (Entered: 11/08/2024)
2024-11-1329Consent MOTION for Extension of Time to File Reply by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 11/13/2024)
2024-11-13MINUTE ORDER: The Court ORDERS that: 1) The Consent 29 Motion for Extension of Time is GRANTED; and 2) Defendant shall file its reply by November 22, 2024. So ORDERED by Chief Judge James E. Boasberg on 11/13/2024. (lcjeb4) (Entered: 11/13/2024)
2024-11-2230REPLY to opposition to motion re 25 Motion to Consolidate Cases,, Motion to Stay, filed by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Supp. Philips Decl., # 2 FOIA Request)(Silverman, Bradley) (Entered: 11/22/2024)
2024-11-29MINUTE ORDER: The Court ORDERS that the parties in these cases shall appear for a zoom hearing on the pending Motions to Consolidate on December 5, 2024, at 3:00 p.m. So ORDERED by Chief Judge James E. Boasberg on 11/29/2024. (lcjeb4) (Entered: 11/29/2024)
2024-12-05Minute Entry for proceedings held before Chief Judge James E. Boasberg: Motion Hearing held via Zoom on 12/5/2024 re (22 in 1:22-cv-03807-JEB, 22 in 1:22-cv-03807-JEB) MOTION to Consolidate Cases MOTION to Stay filed by UNITED STATES FOOD AND DRUG ADMINISTRATION, (11 in 1:24-cv-02204-JEB, 11 in 1:24-cv-02204-JEB) MOTION to Consolidate Cases or in the Alternative, Motion to Stay MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION, (11 in 1:24-cv-02205-JEB, 11 in 1:24-cv-02205-JEB) MOTION to Consolidate Cases or in the Alternative MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION, (13 in 1:24-cv-02203-JEB, 13 in 1:24-cv-02203-JEB) MOTION to Consolidate Cases or in the Alternative MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION, (25 in 1:22-cv-03808-JEB, 25 in 1:22-cv-03808-JEB) MOTION to Consolidate Cases MOTION to Stay filed by UNITED STATES FOOD AND DRUG ADMINISTRATION, (12 in 1:24-cv-02202-JEB, 12 in 1:24-cv-02202-JEB) MOTION to Consolidate Cases or in the Alternative MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION. Oral discussions heard, Minute Order forthcoming. (Court Reporter Tammy Nestor) (znbn) (Entered: 12/05/2024)
2024-12-05MINUTE ORDER: As discussed in today's hearing, the Court ORDERS that: 1) Defendant's 25 Motion to Consolidate is GRANTED; 2) Case Nos. 22-3808, 24-2204, and 24-2205 are CONSOLIDATED with Case No. 22-3807. All filings shall be made in No. 22-3807, and the Clerk shall administratively close Nos. 22-3808, 24-2204, and 24-2205; 3) Defendant shall process a total of 700 pages per month in these consolidated cases; and 4) The parties shall submit a Joint Status Report by January 31, 2025, and every 60 days thereafter until further Order of the Court. So ORDERED by Chief Judge James E. Boasberg on December 5, 2024. (lcjeb4) (Entered: 12/05/2024)
2024-12-05Cases Consolidated. This case has been consolidated with case 22cv3413 JEB pursuant to 12/5/2024 Minute Order on Motion to Consolidate Cases. From this date forward, all pleadings shall be filed ONLY in the lead case, 22cv3413 JEB. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (znmw) (Entered: 12/10/2024)
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