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Case TitleAUERBACH v. UNITED STATES FOOD AND DRUG ADMINISTRATION
DistrictEastern District of Pennsylvania
CityPhiladelphia
Case Number2:2023cv03155
Date Filed2023-08-16
Date Closed2023-10-06
JudgeDISTRICT JUDGE JOSHUA D. WOLSON
PlaintiffDANIEL J. AUERBACH
Case DescriptionDaniel Auerbach submitted a FOIA request to the FDA for records concerning communications regarding the distribution or sale of Intermectin. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Auerbach filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-161COMPLAINT against FOOD AND DRUG ADMINISTRAION ( Filing fee $ 402 receipt number APAEDC-16882304.), filed by Daniel Auerbach. (Attachments: # 1 Exhibit (A - C: Acknowledgment, CMV Response Letter, Udapi Email), # 2 Civil Cover Sheet, # 3 Designation Form)(AUERBACH, DANIEL) (Entered: 08/16/2023)
2023-08-162Summons Issued as to UNITED STATES FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney GeneraL. E-mailed to U.S. Attorney's Office on 8/16/23 (fdc) (Entered: 08/16/2023)
2023-08-163SUMMONS Returned Executed by DANIEL J. AUERBACH re: Daniel J. Auerbach served Summons and Complaint upon UNITED STATES FOOD AND DRUG ADMINISTRATION by Personal (USAO); certified mail (AG, FDA). UNITED STATES FOOD AND DRUG ADMINISTRATION served on 8/16/2023. (AUERBACH, DANIEL) Modified on 8/17/2023 (lisad, ). (Entered: 08/16/2023)
2023-08-164NOTICE by DANIEL J. AUERBACH re 1 Complaint (Attorney), withdrawing and replacing exhibits (Attachments: # 1 Exhibit A (FDA Acknowledgment), # 2 Exhibit B (CVM Final Response), # 3 Exhibit C (Udapi email))(AUERBACH, DANIEL) (Entered: 08/16/2023)
2023-09-145NOTICE of Appearance by Isaac Jonathan Jean-Pierre on behalf of UNITED STATES FOOD AND DRUG ADMINISTRATION with Certificate of Service(Jean-Pierre, Isaac) (Entered: 09/14/2023)
2023-09-146NOTICE of Appearance by GERALD B. SULLIVAN on behalf of UNITED STATES FOOD AND DRUG ADMINISTRATION with Certificate of Service(SULLIVAN, GERALD) (Entered: 09/14/2023)
2023-09-157DEFENDANT FDA'S ANSWER to Complaint and AFFIRMATIVE DEFENSES by UNITED STATES FOOD AND DRUG ADMINISTRATION.(Jean-Pierre, Isaac) (Entered: 09/15/2023)
2023-09-198ORDER THAT LEAD COUNSEL FOR THE PARTIES SHALL APPEAR FOR A PRETRIAL CONFERENCE SCHEDULED FOR OCTOBER 10, 2023 AT 11:00 AM, IN CHAMBERS ROOM 12613, BEFORE DISTRICT JUDGE JOSHUA D. WOLSON. FURTHER INFORMATION AND DEADLINES AS OUTLINED HEREIN. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 9/19/2023. 9/19/2023 ENTERED AND E-MAILED.(ja) (Entered: 09/19/2023)
2023-10-069ORDER THAT THE PRETRIAL CONFERENCE SCHEDULED FOR OCTOBER 10, 2023, IS CANCELLED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE. IT IS FURTHER ORDERED THAT, IN CONFORMITY WITH THE PARTIES' AGREEMENT, THE U.S. FOOD AND DRUG ADMINISTRATION SHALL PRODUCE TO MR. AUERBACH NON-FOIA-EXEMPT DOCUMENTS RESPONSIVE TO HIS REMAINING REQUEST ON OR BEFORE NOVEMBER 28, 2023. FURTHER INFORMATION AS OUTLINED HEREIN. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 10/06/2023. 10/06/2023 ENTERED AND E-MAILED.(ja) (Entered: 10/06/2023)
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