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Case TitleINFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01508
Date Filed2023-05-25
Date Closed2023-10-02
JudgeJudge Colleen Kollar-Kotelly
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted four FOIA requests to the FDA for records concerning specified VAERS reports. The agency acknowledged the requests. The agency disclosed records but withheld other under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). ICAN filed an administrative appeal covering all four requests. FDA remanded the requests for further processing. After hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, 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

2023-05-251COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-10096119) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 101, # 2 Exhibit 102, # 3 Exhibit 103, # 4 Civil Cover Sheet, # 5 Summons to US Attorney, # 6 Summons to FDA, # 7 Summons to USAG)(Brehm, Elizabeth) (Entered: 05/25/2023)
2023-05-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 05/25/2023)
2023-05-253NOTICE of Appearance by Aaron Siri on behalf of INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 05/25/2023)
2023-05-26Case Assigned to Judge Colleen Kollar-Kotelly. (zljn) (Entered: 05/26/2023)
2023-05-264SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 05/26/2023)
2023-06-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/27/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/26/2023. (Brehm, Elizabeth) (Entered: 06/07/2023)
2023-06-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/02/2023. (Brehm, Elizabeth) (Entered: 06/07/2023)
2023-06-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 6/2/2023 (Brehm, Elizabeth) (Entered: 06/07/2023)
2023-06-088ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 6/8/2023. (DM) (zdot). (Entered: 06/08/2023)
2023-06-209Consent MOTION for Extension of Time to Respond to Complaint by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 06/20/2023)
2023-06-26MINUTE ORDER: The Court is in receipt of Defendant's 9 Consent Motion for Extension of Time to Respond. In light of substantial caseloads at the United States Attorney's Office for the District of Columbia, defense counsel requests an extension of time, from June 26, 2023 to July 26, 2023, to answer. As Plaintiff consents, and upon good cause shown, Defendant's 9 Consent Motion for Extension of Time to Respond is GRANTED . Defendant shall answer or otherwise respond to Plaintiff's complaint on or before July 26, 2023 . Signed by Judge Colleen Kollar-Kotelly on June 24, 2023. (lcckk1) (Entered: 06/26/2023)
2023-06-26Set/Reset Deadlines: Defendant shall answer or otherwise respond to Plaintiff's complaint on or before 7/26/2023. (dot) (Entered: 06/29/2023)
2023-07-2610ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Escher, Sam) (Entered: 07/26/2023)
2023-07-2811ORDER directing parties to file joint status report on or before August 25, 2023 . Signed by Judge Colleen Kollar-Kotelly on July 28, 2023. (lcckk1) (Entered: 07/28/2023)
2023-07-28Set/Reset Deadlines: Joint Status Report due by 8/25/2023. (dot) (Entered: 07/28/2023)
2023-08-2512Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Escher, Sam) (Entered: 08/25/2023)
2023-08-31MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, the parties shall file their next joint status report on or before October 27, 2023 and, if necessary, another joint status report every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on August 31, 2023. (lcckk1) (Entered: 08/31/2023)
2023-08-31Set/Reset Deadlines: Joint Status Report due by 10/27/2023 and, if necessary, another joint status report every ninety days thereafter. (dot) (Entered: 09/18/2023)
2023-09-1413MOTION to Stay by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Suzann Burk, # 3 Attach. A - PHMPT 2 Order, # 4 Text of Proposed Order)(Escher, Sam) (Entered: 09/14/2023)
2023-09-14MINUTE ORDER: The Court is in receipt of Defendant's 13 Motion for an Eighteen-Month Stay. Plaintiff shall file their opposition on or before September 29, 2023 and Defendant may file its reply on or before October 6, 2023 . Signed by Judge Colleen Kollar-Kotelly on September 14, 2023. (lcckk1) (Entered: 09/14/2023)
2023-09-14Set/Reset Deadlines: Plaintiff's opposition to 13 due by 9/29/2023. Defendant's Reply to 13 due by 10/6/2023. (dot) (Entered: 09/18/2023)
2023-09-2514Joint MOTION to Modify Scheduling Order by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Escher, Sam) (Entered: 09/25/2023)
2023-09-26MINUTE ORDER: The Court is in receipt of the parties' 23 Joint Motion to Modify Scheduling Order. The parties propose two distinct extensions of time to the Court's briefing schedule on Defendant's pending Open America motion. Plaintiff requests a ten-day extension of time for both its opposition and Defendant's reply. Defendant, relying on competing deadlines in other FOIA cases, requests a two-week extension for Plaintiff's response and a one-month extension for Defendant's reply. Given what appears to be a large set of documents in Defendant's custody and a strong likelihood that many of them are covered by various exemptions, the Court cannot conclude that Plaintiff would suffer any serious prejudice by a longer extension for Defendant's reply. Accordingly, the Court GRANTS the parties' 14 Joint Motion to Modify Scheduling Order and adopts Defendant's proposal. Plaintiff shall file its opposition to Defendant's 13 Motion for an Eighteen-Month Stay on or before October 6, 2023 , and Defendant shall file its reply on or before November 3, 2023 . Signed by Judge Colleen Kollar-Kotelly on September 26, 2023. (lcckk1) Modified on Modified on 9/26/2023 (dot). (Entered: 09/26/2023)
2023-09-26Set/Reset Deadlines: Plaintiff's opposition to 13 due by 10/6/2023. Defendant's Reply to 13 due by 11/3/2023. (dot) (Entered: 09/26/2023)
2023-10-0215STIPULATION of Dismissal without Prejudice by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 10/02/2023)
2023-10-0316ORDER dismissing case without prejudice. The Clerk of Court is respectfully directed to close this case. Signed by Judge Colleen Kollar-Kotelly on October 3, 2023. (lcckk1) (Entered: 10/03/2023)
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by FOIA Project Staff
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