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Case TitleAMERICA FIRST LEGAL FOUNDATION v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03680
Date Filed2023-12-11
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffAMERICA FIRST LEGAL FOUNDATION
Case DescriptionAmerica First Legal Foundation submitted three FOIA requests to the FDA for records concerning hydroxychloroquine over a specific period of time. AFL also requested a fee waiver for each request. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AFL filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-111COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10549269) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Civil Cover Sheet)(Meckler, Jacob) (Entered: 12/11/2023)
2023-12-13Case Assigned to Judge Colleen Kollar-Kotelly. (zcb) (Entered: 12/13/2023)
2023-12-132SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 12/13/2023)
2023-12-203ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/20/23. (DM) (Entered: 12/20/2023)
2024-01-314NOTICE of Appearance by Brian J. Levy on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Levy, Brian) (Entered: 01/31/2024)
2024-01-315ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION.(Levy, Brian) (Entered: 01/31/2024)
2024-01-316ORDER directing parties to file joint status report on or before March 15, 2024 . See Order for more details. Signed by Judge Colleen Kollar-Kotelly on 1/31/2024. (lcckk1) (Entered: 01/31/2024)
2024-01-31Set/Reset Deadlines: Joint Status Report due by 3/15/2024. (dot) (Entered: 02/02/2024)
2024-03-157Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 03/15/2024)
2024-05-158Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 05/15/2024)
2024-05-20MINUTE ORDER: The Court is in receipt of the parties' 8 Joint Status Report. Therein, Defendant HHS explains that it made its first production of records on April 25, 2024, and "expects to make additional productions of responsive and non-exempt information on a monthly basis." Similarly, Defendant FDA made its first production of records on April 30, 2024, and "expects to make additional productions of responsive and non-exempt information on a monthly basis." The Court directs the parties to file another joint status report on or before July 15, 2024 , and, if necessary, every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on 5/20/2024. (lcckk1) (Entered: 05/20/2024)
2024-05-20Set/Reset Deadlines: Joint Status Report due by 7/15/2024, and, if necessary, every sixty days thereafter. (dot) (Entered: 05/22/2024)
2024-07-159Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Levy, Brian) (Entered: 07/15/2024)
2024-09-1310Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 09/13/2024)
2024-09-13MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, the Court ORDERS that the parties shall submit a joint status report no later than January 13, 2025 . If necessary, the parties shall continue to submit joint status reports every 120 days thereafter. Signed by Judge Colleen Kollar-Kotelly on 09/13/2024. (lcckk1) (Entered: 09/13/2024)
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