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Case TitleThibault v. United States Food and Drug Administration
DistrictMiddle District of Florida
CityTampa
Case Number8:2015cv01813
Date Filed2015-08-04
Date Closed2017-03-31
JudgeJudge Charlene Edwards Honeywell
PlaintiffAndrew Thibault
Case DescriptionAndrew Thibault submitted a number of FOIA requests to the FDA for records concerning homicide as an adverse effect of using psychotropic medications. The agency acknowledged receipt of the requests, but after the agency failed to respond substantively, Thibault filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Food and Drug Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-041COMPLAINT against United States Food and Drug Administration (Filing fee $400 receipt number TPA31534) filed by Andrew Thibault.(GNB) (Entered: 08/04/2015)
2015-08-072SUMMONS issued as to United States Food and Drug Administration, U.S. Attorney and U.S. Attorney General. (AMD) (Entered: 08/10/2015)
2015-08-143RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - Track 2. Notice of pendency of other actions due by 8/28/2015. Signed by Judge Charlene Edwards Honeywell on 8/14/2015. (WMD) (Entered: 08/14/2015)
2015-08-144INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 8/28/2015. Signed by Judge Charlene Edwards Honeywell on 8/14/2015. (WMD) (Entered: 08/14/2015)
2015-08-185SUMMONS returned executed by Andrew Thibault. United States Food and Drug Administration served on 8/12/2015, answer due 10/13/2015. (AMD) (Entered: 08/19/2015)
2015-09-036Unopposed MOTION for Extension of Time to File Response to Complaint by United States Food and Drug Administration. (Stegeby, Erik) (Entered: 09/03/2015)
2015-09-047ENDORSED ORDER granting 6 Motion for Extension of Time to File. Response to Complaint due by 9/25/2015. Signed by Judge Charlene Edwards Honeywell on 9/4/2015. (ABC) (Entered: 09/04/2015)
2015-09-048NOTICE of pendency of related cases re 3 Related case order and track 2 notice per Local Rule 1.04(d) by Andrew Thibault. Related case(s): no. (AMD) (Entered: 09/04/2015)
2015-09-049CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Andrew Thibault. (AMD) (Entered: 09/04/2015)
2015-09-2210Unopposed MOTION for Extension of Time to File Response/Reply , MOTION for Extension of Time to File Response to Plaintiff's Complaint by All Defendants. (Stegeby, Erik) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 09/22/2015)
2015-09-2811ENDORSED ORDER granting 10 Motion for Extension of Time to File Response/Reply, Motion for Extension of Time to File. Defendant's response to the Complaint is due on or before 10/23/2015. Signed by Judge Charlene Edwards Honeywell on 9/28/2015. (ABC) (Entered: 09/28/2015)
2015-10-2012OPPOSITION to Defendant's Third Motion to Enlarge All Deadlines filed by Andrew Thibault. (AMD) (Entered: 10/20/2015)
2015-10-2013Third MOTION for Extension of Time to File Response/Reply by United States Food and Drug Administration. (Stegeby, Erik) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 10/20/2015)
2015-10-2114ORDER denying 13 Motion for Extension of Time to File Response/Reply. Signed by Judge Charlene Edwards Honeywell on 10/21/2015. (ABC) (Entered: 10/21/2015)
2015-10-2315ANSWER and affirmative defenses to 1 Complaint by United States Food and Drug Administration.(Stegeby, Erik) (Entered: 10/23/2015)
2016-02-0216NOTICE TELEPHONIC STATUS CONFERENCE: Telephonic Status Conference set for 2/23/2016 at 2:15 PM in Tampa Courtroom 13 A before Judge Charlene Edwards Honeywell. On the date and time specified, counsel shall call the toll-free number at 1-888-684-8852 and enter the access code 2409734 followed by the security code 1813. The parties must use a land-based telephone. NO CELLULAR TELEPHONES.(BGS) (Entered: 02/02/2016)
2016-02-2317Minute Entry. Proceedings held before Judge Charlene Edwards Honeywell: TELEPHONE STATUS CONFERENCE held on 2/23/2016. Court Reporter: Sherrill L. Jackson (WMD) (Entered: 02/24/2016)
2016-02-2318ORAL MOTION to Amend Complaint by Andrew Thibault. (WMD) (Entered: 02/24/2016)
2016-02-2319ORAL ORDER Granting 18 Oral Motion to Amend Complaint. Signed by Judge Charlene Edwards Honeywell on 2/23/2016. (WMD) (Entered: 02/24/2016)
2016-03-0720AFFIDAVIT of David Carmichael by Andrew Thibault. (AMD) (Entered: 03/07/2016)
2016-03-0821AMENDED COMPLAINT against United States Food and Drug Administration filed by Andrew Thibault. Related document: 1 Complaint filed by Andrew Thibault. (Attachments: # 1 Exhibits A - F, # 2 Exhibits G - FF)(AMD) (Entered: 03/08/2016)
2016-03-1722CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by United States Food and Drug Administration. (Stegeby, Erik) (Entered: 03/17/2016)
2016-03-1723NOTICE of pendency of related cases per Local Rule 1.04(d) by United States Food and Drug Administration. Related case(s): N (Stegeby, Erik) (Entered: 03/17/2016)
2016-03-2224ANSWER and affirmative defenses to 21 Amended Complaint by United States Food and Drug Administration.(Stegeby, Erik) (Entered: 03/22/2016)
2016-03-2325CASE MANAGEMENT REPORT. (Stegeby, Erik) (Entered: 03/23/2016)
2016-04-0526NOTICE of pendency of related cases re 3 Related case order and track 2 notice per Local Rule 1.04(d) by United States Food and Drug Administration. Related case(s): No (Stegeby, Erik) (Entered: 04/05/2016)
2016-04-0527CERTIFICATE of interested persons and corporate disclosure statement re 3 Related case order and track 2 notice by United States Food and Drug Administration. (Stegeby, Erik) (Entered: 04/05/2016)
2016-04-1128CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 8/5/2016, Dispositive motions due by 9/9/2016, Pretrial statement due by 12/20/2016, All other motions due by 12/27/2016, Final Pretrial Conference set for 1/17/2017 at 3:30 PM in Tampa Courtroom 13 A before Judge Charlene Edwards Honeywell, Bench Trial set for term commencing 2/6/2017 in Tampa Courtroom 13 A before Judge Charlene Edwards Honeywell. Signed by Judge Charlene Edwards Honeywell on 4/11/2016. (BGS) (Entered: 04/11/2016)
2016-07-1129MOTION to stay , MOTION to quash Subpoena by United States Food and Drug Administration. (Attachments: # 1 Exhibit, # 2 Exhibit)(Stegeby, Erik) (Entered: 07/11/2016)
2016-07-1230ORDER temporarily granting 29 motion to stay; temporarily granting 29 Motion to Quash to the extent that the scheduled deposition of Harold D. Stepper is STAYED pending final resolution of the motion. Signed by Magistrate Judge Thomas G. Wilson on 7/12/2016. (DMS) (Entered: 07/12/2016)
2016-07-2531MEMORANDUM in opposition re 29 Motion to stay Motion to Quash filed by Andrew Thibault. (AMD) (Entered: 07/26/2016)
2016-08-0332NOTICE of hearing on motion 29 MOTION to stay MOTION to quash Subpoena. Motion Hearing set for 8/24/2016 at 2:30 PM in Tampa Courtroom 12 A before Magistrate Judge Thomas G. Wilson. (CCS) (Entered: 08/03/2016)
2016-08-0533MOTION for summary judgment by All Defendants. (Attachments: # 1 Exhibit Kotler Declaration, # 2 Exhibit Sager Declaration)(Stegeby, Erik) (Entered: 08/05/2016)
2016-08-0834ORDER: Defendant is directed to provide to Chambers a courtesy copy of its Motion for Summary Judgment and Memorandum 33 (including exhibits) within SEVEN (7) DAYS from the date of this Order. Signed by Judge Charlene Edwards Honeywell on 8/8/2016. (BGS) (Entered: 08/08/2016)
2016-08-0835SUMMARY JUDGMENT NOTICE. (BGS) (Entered: 08/08/2016)
2016-08-1936MEMORANDUM in opposition to motion for summary judgment re 35 Notice (Other) filed by Andrew Thibault. (GLS) (Entered: 08/22/2016)
2016-08-1937DECLARATION of Christopher Pittman by Andrew Thibault. (GLS) (Entered: 08/22/2016)
2016-08-1938DECLARATION of David Crespi by Andrew Thibault. (GLS) (Entered: 08/22/2016)
2016-08-1939DECLARATION of Leslie Demeniuk by Andrew Thibault. (GLS) (Entered: 08/22/2016)
2016-08-1940DECLARATION of Kurt Danysh by Andrew Thibault. (GLS) (Entered: 08/22/2016)
2016-08-1941DECLARATION of Andrew B. Thibault by Andrew Thibault. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB)(GLS) (Entered: 08/22/2016)
2016-08-2442Minute Entry. Proceedings held before Magistrate Judge Thomas G. Wilson: MOTION HEARING held on 8/24/2016 re 29 MOTION to stay MOTION to quash Subpoena filed by United States Food and Drug Administration. (DIGITAL) (DMS) (Entered: 08/24/2016)
2016-08-2443ORDER granting 29 Defendant's Motion to Stay Discovery pending further order of this court; granting 29 Defendant's Motion to Quash Subpoena. Signed by Magistrate Judge Thomas G. Wilson on 8/24/2016. (DMS) (Entered: 08/24/2016)
2016-09-0245REPLY to Response to Motion re 33 MOTION for summary judgment filed by United States Food and Drug Administration. (Attachments: # 1 Exhibit Exhibit A)(Stegeby, Erik) (Entered: 09/02/2016)
2016-09-0946MOTION for partial summary judgment by Andrew Thibault. (AMD) (Entered: 09/09/2016)
2016-09-0947Supplemental DECLARATION of Andrew B. Thibault re 46 MOTION for partial summary judgment by Andrew Thibault. (AMD) (Entered: 09/09/2016)
2016-09-1648MOTION for Extension of Time to File Response/Reply as to 46 MOTION for partial summary judgment by United States Food and Drug Administration. (Stegeby, Erik) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 09/16/2016)
2016-09-2149RESPONSE in Opposition re 48 MOTION for Extension of Time to File Response/Reply as to 46 MOTION for partial summary judgment filed by Andrew Thibault. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(GLS) (Entered: 09/21/2016)
2016-09-2250ENDORSED ORDER granting 48 Defendant's Motion for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment. Defendant shall respond to the motion for partial summary judgment on or before October 4, 2016. Signed by Judge Charlene Edwards Honeywell on 9/22/2016. (BGS) (Entered: 09/22/2016)
2016-10-0451RESPONSE in Opposition re 46 MOTION for partial summary judgment filed by United States Food and Drug Administration. (Stegeby, Erik) (Entered: 10/04/2016)
2016-10-1352NOTICE by United States Food and Drug Administration of Production (Attachments: # 1 Exhibit)(Stegeby, Erik) (Entered: 10/13/2016)
2016-10-1853REPLY to Response to Motion re 46 MOTION for partial summary judgment filed by Andrew Thibault. (AMD) (Entered: 10/18/2016)
2016-10-3154First MOTION to stay Mediation by United States Food and Drug Administration. (Stegeby, Erik) (Entered: 10/31/2016)
2016-11-0155NOTICE of mediation conference/hearing to be held on November 7, 2016 1:30PM before Warren A. Zimmerman, Esq.. (Stegeby, Erik) (Entered: 11/01/2016)
2016-11-0356RESPONSE to Motion re 54 First MOTION to stay Mediation filed by Andrew Thibault. (AMD) (Entered: 11/03/2016)
2016-11-0957MEDIATION report Hearing held on November 7, 2016. Hearing outcome: Impasse .. (Zimmerman, Warren) (Entered: 11/09/2016)
2016-12-0258MOTION to stay Remaining Dates by United States Food and Drug Administration. (Stegeby, Erik) (Entered: 12/02/2016)
2016-12-0559ENDORSED ORDER denying as moot 54 Defendant's Motion to Stay Mediation. A mediation conference was held on November 7, 2016. Signed by Judge Charlene Edwards Honeywell on 12/5/2016. (BGS) (Entered: 12/05/2016)
2016-12-0560NOTICE by United States Food and Drug Administration re 58 MOTION to stay Remaining Dates (Stegeby, Erik) (Entered: 12/05/2016)
2016-12-1661RESPONSE in Opposition re 58 MOTION to stay Remaining Dates filed by Andrew Thibault. (CTR) (Entered: 12/19/2016)
2016-12-2062PRETRIAL statement by United States Food and Drug Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Stegeby, Erik) (Entered: 12/20/2016)
2016-12-2763MOTION for miscellaneous relief, specifically to allow remote witness testimony by Andrew Thibault. (RFK) (Entered: 12/27/2016)
2016-12-2764MOTION in limine by United States Food and Drug Administration. (Stegeby, Erik) (Entered: 12/27/2016)
2016-12-2965ENDORSED ORDER granting 58 Defendant's Motion to Stay Remaining Dates In Case Management and Scheduling Order. All remaining pretrial deadlines are stayed pending the Court's ruling on the cross motions for summary judgment. The pretrial conference and jury trial are cancelled pending the Court's ruling on the cross motions for summary judgment. The pretrial conference and jury trial will be rescheduled, if needed, after the Court issues an Order on the cross motions for summary judgment. Signed by Judge Charlene Edwards Honeywell on 12/29/2016. (BGS) (Entered: 12/29/2016)
2017-01-0366NOTICE by United States Food and Drug Administration re 63 MOTION for miscellaneous relief, specifically to allow remote witness testimony (Stegeby, Erik) (Entered: 01/03/2017)
2017-01-0467NOTICE canceling Final Pretrial Conference scheduled for January 17, 2017 and Bench Trial set for term commencing February 6, 2017. (BGS) (Entered: 01/04/2017)
2017-01-1068MEMORANDUM in opposition re 64 Motion in Limine filed by Andrew Thibault. (CTR) (Entered: 01/10/2017)
2017-03-3169ORDER: 1. Defendant's Motion for Summary Judgment 33 is GRANTED. 2. Plaintiff's Motion for Partial Summary Judgment 46 is DENIED in part as moot. In accordance with Rule 54(d), after entry of the final judgment, either party may file a motion and memorandum of law seeking court costs. 3. The Clerk is directed to enter judgment in favor of Defendant U.S. Food and Drug Administration and against Plaintiff Andrew Thibault and close this case. Signed by Judge Charlene Edwards Honeywell on 3/31/2017. (BGS) (Entered: 03/31/2017)
2017-03-3170JUDGMENT in favor of United States Food and Drug Administration against Andrew Thibault (Signed by Deputy Clerk) (RFK) (Entered: 03/31/2017)
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