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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. U.S. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02323
Date Filed2023-08-10
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionFunctional Government Initiative submitted two FOIA requests to the FDA for records. The first FOIA request asked for correspondence between certain officials in the FDA's Center for Tobacco Products and a list of named organizations. The agency acknowledged receipt of the request. FGI and the agency had discussions about clarifying the scope of the request but FGI heard nothing further. The second FOIA asked for records concerning correspondence between to named officials in the FDA's Office of Food Policy and Response and a list of named organizations. The agency acknowledged receipt of the request. After hearing nothing further from the agency, FGI filed suit on both requests.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. FOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-101COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-10269183) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summons, # 4 Summons, # 5 Summons)(Morgan, Jeremiah) (Entered: 08/10/2023)
2023-08-11Case Assigned to Judge Ana C. Reyes. (zrtw) (Entered: 08/11/2023)
2023-08-112REQUEST FOR SUMMONS TO ISSUE filed by FUNCTIONAL GOVERNMENT INITIATIVE. Related document: 1 Complaint, filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Summons, # 2 Summons)(Morgan, Jeremiah) (Entered: 08/11/2023)
2023-08-143SUMMONS (3) Issued Electronically as to U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 08/14/2023)
2023-10-064NOTICE of Appearance by Fithawi Berhane on behalf of U.S. FOOD AND DRUG ADMINISTRATION (Berhane, Fithawi) (Entered: 10/06/2023)
2023-10-065Consent MOTION for Extension of Time to Respond to Complaint by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 10/06/2023)
2023-10-10MINUTE ORDER. Upon consideration of Defendant's 6 Consent Motion for Extension of Time to Respond, and for good cause shown and the entire record herein, it is hereby ORDERED that Defendant's Motion is GRANTED, and it is further ORDERED that Defendant shall respond to the Complaint in this action on or before October 25, 2023. Signed by Judge Ana C. Reyes on 10/10/2023. (lcacr1) (Entered: 10/10/2023)
2023-10-11Set/Reset Deadlines/Hearings: Response to Complaint due by 10/25/2023. (zcdw) (Entered: 10/11/2023)
2023-10-206ANSWER to Complaint by U.S. FOOD AND DRUG ADMINISTRATION.(Berhane, Fithawi) (Entered: 10/20/2023)
2023-10-20MINUTE ORDER. Plaintiff filed this Freedom of Information Act ("FOIA") action on August 10, 2023. Dkt 1. Defendant filed its Answer on October 20, 2023. Dkt. 5. Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, it is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report on or before November 3, 2023. The Joint Status Report should address, among other things: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Counsel shall not contact Chambers directly concerning scheduling or other matters, as Chambers personnel will not handle questions relating to the status or scheduling of pending matters, except in case of an emergency. In an emergency, Chambers can be reached at (202) 354-3350. Signed by Judge Ana C. Reyes on 10/20/2023. (lcacr1) (Entered: 10/20/2023)
2023-10-25Set/Reset Deadlines/Hearings: Joint Status Report due by 11/3/2023. (zcdw) (Entered: 10/25/2023)
2023-11-037Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 11/03/2023)
2023-11-03MINUTE ORDER. Upon consideration of the parties' 7 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before January 5, 2024. Signed by Judge Ana C. Reyes on 11/3/2023.(lcacr1) (Entered: 11/03/2023)
2023-11-05Set/Reset Deadlines/Hearings: Joint Status Report due by 1/5/2024. (zcdw) (Entered: 11/05/2023)
2024-01-058Joint STATUS REPORT by FUNCTIONAL GOVERNMENT INITIATIVE. (Morgan, Jeremiah) (Entered: 01/05/2024)
2024-01-06MINUTE ORDER directing the parties to file a joint status report on or before March 5, 2024, and every 60 days thereafter. SO ORDERED. Signed by Judge Ana C. Reyes on 1/6/2024. (lcacr1) (Entered: 01/06/2024)
2024-01-08Set/Reset Deadlines/Hearings: Joint Status Report due by 3/5/2024. (zcdw) (Entered: 01/08/2024)
2024-03-059Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 03/05/2024)
2024-05-0610Joint STATUS REPORT by FUNCTIONAL GOVERNMENT INITIATIVE. (Morgan, Jeremiah) (Entered: 05/06/2024)
2024-07-0511Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 07/05/2024)
2024-08-1312NOTICE of Corporate Status by FUNCTIONAL GOVERNMENT INITIATIVE (Morgan, Jeremiah) (Entered: 08/13/2024)
2024-08-1313LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FUNCTIONAL GOVERNMENT INITIATIVE (Morgan, Jeremiah) (Entered: 08/13/2024)
2024-09-0314Joint STATUS REPORT by FUNCTIONAL GOVERNMENT INITIATIVE. (Morgan, Jeremiah) (Entered: 09/03/2024)
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