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Case TitleVANDA PHARMACEUTICALS INC. v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv02204
Date Filed2024-07-26
Date Closed2024-12-05
JudgeChief Judge James E. Boasberg
PlaintiffVANDA PHARMACEUTICALS INC.
Case DescriptionVanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning emails from any individual concerning Vanda's tradipitant development program. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-07-261COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 405 receipt number ADCDC-11054292) filed by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Summons to Food and Drug Administration, # 6 Summons to Attorney General of the United States, # 7 Summons to United States Attorney for the District of Columbia, # 8 Civil Cover Sheet)(Hughes, Paul) (Entered: 07/26/2024)
2024-07-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VANDA PHARMACEUTICALS INC. (Hughes, Paul) (Entered: 07/26/2024)
2024-07-263NOTICE OF RELATED CASE by VANDA PHARMACEUTICALS INC.. Case related to Case No. 22-cv-3807, 22-cv-3808, 22-cv-2205. (Hughes, Paul) (Entered: 07/26/2024)
2024-07-29Case Assigned to Chief Judge James E. Boasberg. (znmw) (Entered: 07/29/2024)
2024-07-294SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 07/29/2024)
2024-08-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/30/2024. Answer due for ALL FEDERAL DEFENDANTS by 8/29/2024. (Hughes, Paul) (Entered: 08/02/2024)
2024-08-296NOTICE of Appearance by Brenda A. Gonzalez Horowitz on behalf of FOOD AND DRUG ADMINISTRATION (Gonzalez Horowitz, Brenda) (Entered: 08/29/2024)
2024-08-297ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Gonzalez Horowitz, Brenda) (Entered: 08/29/2024)
2024-08-29MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by September 12, 2024. So ORDERED by Chief Judge James E. Boasberg on 8/29/2024. (lcjeb1) (Entered: 08/29/2024)
2024-08-29Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/12/2024. (znbn) (Entered: 08/30/2024)
2024-08-308NOTICE of Appearance by Sarah Patricia Hogarth on behalf of All Plaintiffs (Hogarth, Sarah) (Entered: 08/30/2024)
2024-08-309NOTICE of Appearance by Charles H. Seidell on behalf of All Plaintiffs (Seidell, Charles) (Entered: 08/30/2024)
2024-09-1210Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 09/12/2024)
2024-09-13MINUTE ORDER: The Court ADOPTS the parties' 10 Joint Status Report and ORDERS that they shall file a further joint status report by October 14, 2024. So ORDERED by Chief Judge James E. Boasberg on 9/13/2024. (lcjeb1) (Entered: 09/13/2024)
2024-09-13Set/Reset Deadlines: Joint Status Report due by 10/14/2024. (znbn) (Entered: 09/13/2024)
2024-10-1111MOTION to Consolidate Cases or in the Alternative, Motion to Stay by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Declaration of Howard Philips, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Text of Proposed Order)(Gonzalez Horowitz, Brenda). Added MOTION to Stay on 10/15/2024 (znmw). (Entered: 10/11/2024)
2024-10-1412Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 10/14/2024)
2024-10-2213Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Consolidate Cases or in the Alternative, Motion to Stay MOTION to Stay by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Text of Proposed Order)(Hughes, Paul) (Entered: 10/22/2024)
2024-10-23MINUTE ORDER: The Court ORDERS that: 1) The Consent 13 Motion for Extension of Time is GRANTED; 2) Plaintiff shall file its opposition by November 8, 2024. So ORDERED by Chief Judge James E. Boasberg on 10/23/2024. (lcjeb1) (Entered: 10/23/2024)
2024-10-23Set/Reset Deadlines: Responses due by 11/8/2024. (znbn) (Entered: 10/24/2024)
2024-11-0814Memorandum in opposition to re 11 Motion to Consolidate Cases,, Motion to Stay, filed by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Hughes, Paul) (Entered: 11/08/2024)
2024-11-0815Cross MOTION to Compel by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Hughes, Paul) (Entered: 11/08/2024)
2024-11-1216Unopposed MOTION for Extension of Time to File Reply to Defendant's Motion to Consolidate by FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 11/12/2024)
2024-11-12MINUTE ORDER: The Court ORDERS that: 1) The consent 16 Motion for Extension of Time is GRANTED; 2) Defendant shall file its reply by November 22, 2024. So ORDERED by Chief Judge James E. Boasberg on 11/12/2024. (lcjeb1) (Entered: 11/12/2024)
2024-11-2217REPLY to opposition to motion re 11 Motion to Consolidate Cases,, Motion to Stay, filed by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Supplemental Declaration of Howard Philips, # 2 Vanda FOIA Request, FOIA No. 2022-2300)(Gonzalez Horowitz, Brenda) (Entered: 11/22/2024)
2024-11-2218Memorandum in opposition to re 15 Motion to Compel (see ECF No. 17 for attachments) filed by FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 11/22/2024)
2024-11-2519Consent MOTION for Extension of Time to File Response/Reply as to 15 Cross MOTION to Compel by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Text of Proposed Order)(Hughes, Paul) (Entered: 11/25/2024)
2024-11-25MINUTE ORDER: The Court ORDERS that: 1) The consent 19 Motion for Extension of Time is GRANTED; 2) Plaintiff shall file its response to FDA's Motion to Consolidate or Stay by December 6, 2024. So ORDERED by Chief Judge James E. Boasberg on 11/25/2024. (lcjeb4) (Entered: 11/25/2024)
2024-11-29MINUTE ORDER: The Court ORDERS that the parties in these cases shall appear for a zoom hearing on the pending Motions to Consolidate on December 5, 2024, at 3:00 p.m. So ORDERED by Chief Judge James E. Boasberg on 11/29/2024. (lcjeb4) (Entered: 11/29/2024)
2024-12-0320REPLY to opposition to motion re 15 Motion to Compel filed by VANDA PHARMACEUTICALS INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hughes, Paul) (Entered: 12/03/2024)
2024-12-05Minute Entry for proceedings held before Chief Judge James E. Boasberg: Motion Hearing held via Zoom on 12/5/2024 re (22 in 1:22-cv-03807-JEB, 22 in 1:22-cv-03807-JEB) MOTION to Consolidate Cases MOTION to Stay filed by UNITED STATES FOOD AND DRUG ADMINISTRATION, (11 in 1:24-cv-02204-JEB, 11 in 1:24-cv-02204-JEB) MOTION to Consolidate Cases or in the Alternative, Motion to Stay MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION, (11 in 1:24-cv-02205-JEB, 11 in 1:24-cv-02205-JEB) MOTION to Consolidate Cases or in the Alternative MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION, (13 in 1:24-cv-02203-JEB, 13 in 1:24-cv-02203-JEB) MOTION to Consolidate Cases or in the Alternative MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION, (25 in 1:22-cv-03808-JEB, 25 in 1:22-cv-03808-JEB) MOTION to Consolidate Cases MOTION to Stay filed by UNITED STATES FOOD AND DRUG ADMINISTRATION, (12 in 1:24-cv-02202-JEB, 12 in 1:24-cv-02202-JEB) MOTION to Consolidate Cases or in the Alternative MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION. Oral discussions heard, Minute Order forthcoming. (Court Reporter Tammy Nestor) (znbn) (Entered: 12/05/2024)
2024-12-05MINUTE ORDER: As discussed in today's hearing, the Court ORDERS that: 1) Defendant's 11 Motion to Consolidate is GRANTED; 2) Plaintiff's 15 Cross-Motion to Compel is GRANTED IN PART and DENIED IN PART; 3) Case Nos. 22-3808, 24-2204, and 24-2205 are CONSOLIDATED with Case No. 22-3807. All filings shall be made in No. 22-3807, and the Clerk shall administratively close Nos. 22-3808, 24-2204, and 24-2205; 4) Defendant shall process a total of 700 pages per month in these consolidated cases; and 5) The parties shall submit a Joint Status Report by January 31, 2025, and every 60 days thereafter until further Order of the Court. So ORDERED by Chief Judge James E. Boasberg on December 5, 2024. (lcjeb4) (Entered: 12/05/2024)
2024-12-05Cases Consolidated. This case has been consolidated with case 22cv3413 JEB pursuant to 12/5/2024 Minute Order on Motion to Consolidate Cases. From this date forward, all pleadings shall be filed ONLY in the lead case, 22cv3413 JEB. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (znmw) (Entered: 12/10/2024)
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