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Case TitleVANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01674
Date Filed2023-06-08
Date Closed2024-10-01
JudgeJudge John D. Bates
PlaintiffVANDA PHARMACEUTICALS INC.
Case DescriptionVanda Pharmaceuticals submitted FOIA requests to the FDA for records concerning internal communications concerning the Temple Presentation and its removal from FDA's website. The agency acknowledged receipt of the request. The agency then cited exceptional circumstances. Vanda Pharmaceuticals filed suit, arguing that the agency had not shown that exceptional circumstances warranted a stay existed.
Complaint issues: Failure to respond within statutory time limit, 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-081COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-10127875) filed by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 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 John D. Bates. (zljn) (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)(zljn) (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)
2023-07-105NOTICE of Appearance by Christina O'Tousa on behalf of FOOD AND DRUG ADMINISTRATION (O'Tousa, Christina) (Entered: 07/10/2023)
2023-07-106ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(O'Tousa, Christina) (Entered: 07/10/2023)
2023-08-237ORDER directing the parties to submit by not later than September 12, 2023, a proposed schedule for the processing and release of responsive records and/or a briefing schedule for the filing of dispositive motions. See text of Order for details. Signed by Judge John D. Bates on 8/23/2023. (lcjdb2) (Entered: 08/23/2023)
2023-08-23Set/Reset Deadlines : Parties to submit by 9/12/2023 a proposed schedule for the processing and release of responsive records and/or a briefing schedule for the filing of dispositive motions. (kk) (Entered: 08/23/2023)
2023-09-128Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (O'Tousa, Christina) (Entered: 09/12/2023)
2023-09-12MINUTE ORDER: Upon consideration of 8 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than December 7, 2023; and it is further ORDERED that the parties shall file a joint status report every 90 days thereafter until further notice from the Court. SO ORDERED. Signed by Judge John D. Bates on 9/12/2023. (lcjdb2) (Entered: 09/12/2023)
2023-09-12Set/Reset Deadlines: Joint Status Report due by 12/7/2023, and every 90 days thereafter. (zed) (Entered: 09/13/2023)
2023-10-199NOTICE of Appearance by Charles H. Seidell on behalf of VANDA PHARMACEUTICALS INC. (Seidell, Charles) (Entered: 10/19/2023)
2023-12-0710Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (O'Tousa, Christina) (Entered: 12/07/2023)
2023-12-08MINUTE ORDER: Upon consideration of 10 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than February 6, 2024. Signed by Judge John D. Bates on 12/8/2023. (lcjdb2) (Entered: 12/08/2023)
2024-02-0611Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (O'Tousa, Christina) (Entered: 02/06/2024)
2024-02-07MINUTE ORDER: Upon consideration of 11 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than April 5, 2024. Signed by Judge John D. Bates on 2/7/2024. (lcjdb2) (Entered: 02/07/2024)
2024-04-0512Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (O'Tousa, Christina) (Entered: 04/05/2024)
2024-04-08MINUTE ORDER: Upon consideration of 12 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than June 4, 2024. Signed by Judge John D. Bates on 4/8/2024. (lcjdb2) (Entered: 04/08/2024)
2024-06-0413Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (O'Tousa, Christina) (Entered: 06/04/2024)
2024-06-05MINUTE ORDER: Upon consideration of 13 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than August 2, 2024. Signed by Judge John D. Bates on 6/5/2024. (lcjdb2) (Entered: 06/05/2024)
2024-08-0214NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 08/02/2024)
2024-08-0215Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Schreiber, Alexander) (Entered: 08/02/2024)
2024-08-02MINUTE ORDER: Upon consideration of 15 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than October 1, 2024. Signed by Judge John D. Bates on 8/2/2024. (lcjdb2) (Entered: 08/02/2024)
2024-08-3016NOTICE OF WITHDRAWAL OF APPEARANCE as to FOOD AND DRUG ADMINISTRATION. Attorney Alexander Schreiber terminated. (O'Tousa, Christina) (Entered: 08/30/2024)
2024-10-0117STIPULATION of Dismissal by VANDA PHARMACEUTICALS INC.. (Hughes, Paul) (Entered: 10/01/2024)
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