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Case TitleVANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01673
Date Filed2023-06-08
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffVANDA PHARMACEUTICALS INC.
Case DescriptionVanda Pharmaceuticals submitted FOIA requests to the FDA for records concerning seeking internal communications concerning the Warning Letter and Vanda's response. The agency acknowledged receipt of the requests. The agency then cited exceptional circumstances and asked for a stay. Vanda Pharmaceuticals filed suit, arguing that the agency had not shown that exceptional circumstances warranted a stay existed.
Complaint issues: Delay - Stay of proceedings, Adequacy - Search, 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
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-081COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-10127873) filed by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons, # 7 Summons, # 8 Summons)(Hughes, Paul) (Entered: 06/08/2023)
2023-06-082LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VANDA PHARMACEUTICALS INC. (Hughes, Paul) (Entered: 06/08/2023)
2023-06-09Case Assigned to Judge Tanya S. Chutkan. (zcb) (Entered: 06/09/2023)
2023-06-093SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 06/09/2023)
2023-06-154RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/9/2023. Answer due for ALL FEDERAL DEFENDANTS by 7/9/2023. (Hughes, Paul) (Entered: 06/15/2023)
2023-07-105ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Peterson, Benton) (Entered: 07/10/2023)
2023-07-17MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than August 30, 2023. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/17/23. (lcsr) (Entered: 07/17/2023)
2023-08-306Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Peterson, Benton) (Entered: 08/30/2023)
2023-08-317ERRATA by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Exhibit)(Peterson, Benton) (Entered: 08/31/2023)
2023-09-01MINUTE ORDER: Having considered the parties' joint status report 6 , it is hereby ordered that the parties shall file another joint status report by November 15, 2023 and every 60 days thereafter updating the court on the status of the case. To the extent that the parties propose a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 9/1/23. (lca) (Entered: 09/01/2023)
2023-09-01Set/Reset Deadlines: Joint Status Report due by 11/15/2023, and every 60 days thereafter. (zed) (Entered: 09/01/2023)
2023-10-198NOTICE of Appearance by Charles H. Seidell on behalf of VANDA PHARMACEUTICALS INC. (Seidell, Charles) (Entered: 10/19/2023)
2023-11-159Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 11/15/2023)
2024-01-1610Joint STATUS REPORT by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Text of Proposed Order)(Hughes, Paul) (Entered: 01/16/2024)
2024-03-1811Joint STATUS REPORT by VANDA PHARMACEUTICALS INC.. (Hughes, Paul) (Entered: 03/18/2024)
2024-05-2012Joint STATUS REPORT by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Text of Proposed Order)(Hughes, Paul) (Entered: 05/20/2024)
2024-07-31MINUTE ORDER: On September 1, 2023, this court entered an order directing the parties in this FOIA action to file a joint status report by 11/15/23 and every 60 days thereafter. The parties filed their last report on 5/20/2024 and have not sought to be relieved from the obligation of filing reports. Accordingly, the parties shall file a joint status report by 8/15/24 and every 60 days thereafter. If the parties propose a change in the status quo, the report shall be accompanied by a proposed order. Failure to comply with this order may result in dismissal of this action without further notice for failure to prosecute. Signed by Judge Tanya S. Chutkan on 7/31/2024. (lca) (Entered: 07/31/2024)
2024-08-0813Joint STATUS REPORT by VANDA PHARMACEUTICALS INC.. (Hughes, Paul) (Entered: 08/08/2024)
2024-08-0814NOTICE OF SUBSTITUTION OF COUNSEL by Joshua Ontell on behalf of FOOD AND DRUG ADMINISTRATION Substituting for attorney AUSA Benton Peterson (Ontell, Joshua) (Entered: 08/08/2024)
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by FOIA Project Staff
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