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Case TitleBLOOMBERG LP v. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00716
Date Filed2023-03-16
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffBLOOMBERG L.P.
Case DescriptionBloomberg, L.P. submitted a FOIA request to the FDA for records concerning Neuralink's potential brain devices. The agency acknowledged receipt of the request. Bloomberg agreed to narrow the scope of its request. It did so but after hearing nothing further from the agency, Bloomberg filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2023-03-161COMPLAINT against FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-9932049) filed by BLOOMBERG LP. (Attachments: # 1 Exhibit 1-3, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 03/16/2023)
2023-03-162NOTICE of Appearance by Matthew Topic on behalf of BLOOMBERG LP (Topic, Matthew) (Entered: 03/16/2023)
2023-03-163LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BLOOMBERG LP (Topic, Matthew) (Entered: 03/16/2023)
2023-03-16Case Assigned to Judge Trevor N. McFadden. (zljn) (Entered: 03/16/2023)
2023-03-164STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 3/16/2023. (lctnm2) (Entered: 03/16/2023)
2023-03-165SUMMONS (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 (Attachments: # 1 Notice and Consent)(zljn) (Entered: 03/16/2023)
2023-04-056NOTICE of Appearance by Stephanie R. Johnson on behalf of FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Johnson, Stephanie) (Entered: 04/05/2023)
2023-04-207ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Johnson, Stephanie) (Entered: 04/20/2023)
2023-04-21MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before June 16, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/21/2023. (lctnm2) (Entered: 04/21/2023)
2023-04-21Set/Reset Deadlines: Joint Status Report due by 6/16/2023. (hmc) (Entered: 04/21/2023)
2023-05-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 3/27/2023 (Topic, Matthew) (Entered: 05/24/2023)
2023-05-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/3/2023 (Topic, Matthew) (Entered: 05/24/2023)
2023-05-2410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/31/2023. (Topic, Matthew) (Entered: 05/24/2023)
2023-05-2411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/21/2023. Answer due for ALL FEDERAL DEFENDANTS by 4/20/2023. (Topic, Matthew) (Entered: 05/24/2023)
2023-06-1612Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 06/16/2023)
2023-06-16MINUTE ORDER: After considering the 12 Joint Status Report, the Court directs the parties to file another JSR by August 18, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/16/2023. (lctnm2) (Entered: 06/16/2023)
2023-06-16Set/Reset Deadlines: Joint Status Report due by 8/18/2023. (hmc) (Entered: 06/16/2023)
2023-08-1813Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 08/18/2023)
2023-08-23MINUTE ORDER: After considering the 13 Joint Status Report, the Court ORDERS Defendant to process potentially responsive records at a rate of 300 pages per month. The Court further ORDERS the parties to submit another JSR by October 18, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/23/2023. (lctnm2) (Entered: 08/23/2023)
2023-10-1814Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 10/18/2023)
2023-10-18MINUTE ORDER: After considering the 14 Joint Status Report, the parties are directed to file another JSR before or on January 17, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/18/2023. (lctnm2) (Entered: 10/18/2023)
2024-01-1615Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 01/16/2024)
2024-01-18MINUTE ORDER: After considering the 15 Joint Status Report, the Court ORDERS the parties to file another JSR by March 19, 2024, updating the Court on the progress of their resolution efforts. The Court FURTHER ORDERS that after all productions are complete and before parties propose a briefing schedule for summary judgment motions they shall meet in-person to discuss the sufficiency of Defendants' productions. Any request for a briefing schedule must certify this meeting has occurred and that despite good-faith negotiations, no resolution between the parties is possible. Signed by Judge Trevor N. McFadden on 1/18/2024. (lctnm2) (Entered: 01/18/2024)
2024-03-1916Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 03/19/2024)
2024-03-20MINUTE ORDER: After considering the 16 Joint Status Report, the Court ORDERS the parties to file another JSR by May 20, 2024, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/20/2024. (lctnm2) (Entered: 03/20/2024)
2024-05-1617Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 05/16/2024)
2024-05-17MINUTE ORDER: After considering the 17 Joint Status Report, the Court ORDERS the parties to file another JSR by August 5, 2024, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/17/2024. (lctnm2) (Entered: 05/17/2024)
2024-08-0518Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 08/05/2024)
2024-08-05MINUTE ORDER: After considering the 18 Joint Status Report, the Court ORDERS the parties to file another JSR by October 4, 2024, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/5/2024. (lctnm2) (Entered: 08/05/2024)
2024-10-0419Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 10/04/2024)
2024-10-07MINUTE ORDER: After considering the 19 Joint Status Report, the Court ORDERS the parties to file another JSR by December 4, 2024, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/07/2024. (lctnm2) (Entered: 10/07/2024)
2024-11-2520Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 11/25/2024)
2024-11-26MINUTE ORDER: After considering the 20 Joint Status Report, the Court ORDERS the parties to file another JSR by January 29, 2025, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. The parties shall meet and confer in person before proposing a briefing schedule for dispositive motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/26/2024. (lctnm2) (Entered: 11/26/2024)
2025-01-2921Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 01/29/2025)
2025-01-30MINUTE ORDER: After considering the 21 Joint Status Report, the Court ORDERS the parties to file another JSR by March 28, 2025, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. The parties shall meet and confer in person before proposing a briefing schedule for dispositive motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/30/2025. (lctnm2). (Entered: 01/30/2025)
2025-03-2822Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 03/28/2025)
2025-04-02MINUTE ORDER: After considering the 22 Joint Status Report, the Court ORDERS the parties to file another JSR by May 27, 2025, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. The parties shall meet and confer in person before proposing a briefing schedule for dispositive motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/2/2025. (hmc) (Entered: 04/02/2025)
2025-05-2123Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 05/21/2025)
2025-05-22MINUTE ORDER: After considering the 23 Joint Status Report, the Court ORDERS the parties to file another JSR by July 30, 2025, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. The parties shall meet and confer in person before proposing a briefing schedule for dispositive motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/22/2025. (lctnm2). (Entered: 05/22/2025)
2025-07-2924Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 07/29/2025)
2025-08-07MINUTE ORDER: After considering the 24 Joint Status Report, the Court ORDERS the parties to file another JSR by October 15, 2025, updating the Court on the progress of their resolution efforts and proposing a briefing schedule dealing with attorneys' fees, if required. The parties shall meet and confer in person before proposing a briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/7/2025. (lctnm2). (Entered: 08/07/2025)
2025-12-0825Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 12/08/2025)
2025-12-08MINUTE ORDER: After reviewing the parties' 25 Joint Status Report, the Court ORDERS that they file another JSR by January 8, 2026 updating the Court on the status of their settlement negotiations. The Court expects prompt notice of voluntary dismissal if the parties reach a settlement before that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/8/2025. (lctnm2). (Entered: 12/08/2025)
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