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Case TitleINFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01906
Date Filed2024-06-28
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request for records concerning documents controlled by Peter Marks containing the term Plotkin. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
DefendantU.S. 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-06-281COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10994168) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons to FDA, # 5 Summons to HHS, # 6 Summons to USAG, # 7 Summons to USAO)(Lucas, Allison) (Entered: 06/28/2024)
2024-06-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Lucas, Allison) (Entered: 06/28/2024)
2024-06-283NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 06/28/2024)
2024-07-01Case Assigned to Judge Christopher R. Cooper. (zmtm) (Entered: 07/01/2024)
2024-07-014SUMMONS (4)Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 07/01/2024)
2024-07-105RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 7/8/2024 (Lucas, Allison) (Entered: 07/10/2024)
2024-07-106RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/5/2024 (Lucas, Allison) (Entered: 07/10/2024)
2024-07-107RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/08/2024. (Lucas, Allison) (Entered: 07/10/2024)
2024-07-108RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/1/2024. Answer due for ALL FEDERAL DEFENDANTS by 7/31/2024. (Lucas, Allison) (Entered: 07/10/2024)
2024-07-319NOTICE of Appearance by Douglas C. Dreier on behalf of All Defendants (Dreier, Douglas) (Entered: 07/31/2024)
2024-07-3110ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Dreier, Douglas) (Entered: 07/31/2024)
2024-07-3111Unopposed MOTION to Consolidate Cases by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Dreier, Douglas) (Entered: 07/31/2024)
2024-08-01MINUTE ORDER: The Clerk of Court is directed to transfer Case Nos. 1:24-cv-01907 and 1:24-cv-01908 to this Court by consent as related. The parties shall submit a joint status report by August 8, 2024 addressing whether the three cases should be consolidated, or whether Case Nos. 1:24-cv-01907 and 1:24-cv-01908 should be voluntarily dismissed and the complaint in Case No. 1:24-cv-01906 amended to cover all three FOIA requests. Signed by Judge Christopher R. Cooper on 8/1/2024. (lccrc3) (Entered: 08/01/2024)
2024-08-0612Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Dreier, Douglas) (Entered: 08/06/2024)
2024-08-08MINUTE ORDER denying as moot 11 Motion to Consolidate Cases. In light of the 12 Joint Status Report, the Court DENIES as moot 11 Motion to Consolidate Cases. Plaintiff is directed to file an amended complaint by August 31, 2024. Signed by Judge Christopher R. Cooper on 8/8/24. (lccrc3) (Entered: 08/08/2024)
2024-08-09MINUTE ORDER: The Court notes that Case Case Nos. 1:24-cv-01907 and 1:24-cv-01908 were already assigned to this Court. Therefore, the Court strikes language in the Minute Order entered on 8/1/2024 referencing a transfer. SO ORDERED by Judge Christopher R. Cooper on 8/9/2024. (lsj) (Entered: 08/09/2024)
2024-08-2013AMENDED COMPLAINT against All Defendants filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Lucas, Allison) (Entered: 08/20/2024)
2024-09-0314ANSWER to 13 Amended Complaint by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Dreier, Douglas) (Entered: 09/03/2024)
2024-09-03MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by September 18, 2024. Signed by Judge Christopher R. Cooper on 9/3/24. (lccrc3) (Entered: 09/03/2024)
2024-09-1815PROPOSED BRIEFING SCHEDULE (Joint) by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 09/18/2024)
2024-09-19MINUTE ORDER: The Court adopts 15 the Joint Briefing Schedule. Defendants shall file their motion for a stay by November 4, 2024. Plaintiff shall file its opposition by December 11, 2024. Defendants shall file any reply by January 10, 2025. Signed by Judge Christopher R. Cooper on 9/19/24. (lccrc3) (Entered: 09/19/2024)
2024-11-0416MOTION to Stay by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Suzann Burk, # 3 Exhibit A, # 4 Text of Proposed Order)(Dreier, Douglas) (Entered: 11/04/2024)
2024-11-2517NOTICE of Appearance by Alycia A Perkins on behalf of INFORMED CONSENT ACTION NETWORK (Perkins, Alycia) (Entered: 11/25/2024)
2024-11-2518NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Allison Lucas terminated. (Brehm, Elizabeth) (Entered: 11/25/2024)
2024-12-1119RESPONSE re 16 MOTION to Stay filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 12/11/2024)
2025-01-1020REPLY to opposition to motion re 16 Motion to Stay filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Sarah B. Kotler)(Dreier, Douglas) (Entered: 01/10/2025)
2025-04-1021ORDER granting 16 Motion to Stay. The Court STAYS this case until October 10, 2025. The parties shall file a joint status report by that date advising the Court on the need for further proceedings in this case. See full Order for details. Signed by Judge Christopher R. Cooper on 4/10/25. (lccrc3) (Entered: 04/10/2025)
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