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Case TitleKREMERS URBAN PHARMACEUTICALS INC. v. UNITED STATES FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01998
Date Filed2017-09-27
Date Closed2020-02-10
JudgeJudge Royce C. Lamberth
PlaintiffKREMERS URBAN PHARMACEUTICALS INC.
Case DescriptionKremers Urban Pharmaceuticals submitted a FOIA request to the FDA for records following up on events that had happened since Kremers' November 2016 request. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Kremers Urban Pharmaceuticals filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-09-271COMPLAINT against UNITED STATES FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5134959) filed by KREMERS URBAN PHARMACEUTICALS INC.. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Boone, Brian) (Entered: 09/27/2017)
2017-09-272LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by KREMERS URBAN PHARMACEUTICALS INC. (Boone, Brian) (Entered: 09/27/2017)
2017-09-273NOTICE OF RELATED CASE by KREMERS URBAN PHARMACEUTICALS INC.. Case related to Case No. 1:17-cv-50. (Boone, Brian) (Entered: 09/27/2017)
2017-09-274NOTICE of Appearance by Brian D. Boone on behalf of KREMERS URBAN PHARMACEUTICALS INC. (Boone, Brian) (Entered: 09/27/2017)
2017-09-28Case Assigned to Judge Royce C. Lamberth. (zsb) (Entered: 09/28/2017)
2017-09-285SUMMONS (3) Issued Electronically as to UNITED STATES FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 09/28/2017)
2017-10-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/2/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/1/2017. (Boone, Brian) (Entered: 10/04/2017)
2017-10-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FOOD AND DRUG ADMINISTRATION served on 10/2/2017 (Boone, Brian) (Entered: 10/04/2017)
2017-10-048RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/2/2017. (Boone, Brian) (Entered: 10/04/2017)
2017-11-019NOTICE of Appearance by Joshua M. Kolsky on behalf of UNITED STATES FOOD AND DRUG ADMINISTRATION (Kolsky, Joshua) (Entered: 11/01/2017)
2017-11-0110ANSWER to Complaint by UNITED STATES FOOD AND DRUG ADMINISTRATION.(Kolsky, Joshua) (Entered: 11/01/2017)
2018-02-0511ORDER setting deadline for Defendant's Dispositive Motions by 2/16/2018. Signed by Judge Royce C. Lamberth on 2/2/18. (lsj) (Entered: 02/05/2018)
2018-02-1212Consent MOTION to Stay Briefing Schedule by UNITED STATES FOOD AND DRUG ADMINISTRATION (Kolsky, Joshua) (Entered: 02/12/2018)
2018-02-2813Joint STATUS REPORT and Motion to Stay Scheduling Order by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Kolsky, Joshua) (Entered: 02/28/2018)
2018-02-2814MOTION to Stay Scheduling Order and Joint Status Report by UNITED STATES FOOD AND DRUG ADMINISTRATION (Kolsky, Joshua) (Entered: 02/28/2018)
2018-03-2315ORDER granting 12 Motion to Stay for 30 days, nunc pro tunc. Signed by Judge Royce C. Lamberth on 3/22/18. (lsj) (Entered: 03/23/2018)
2018-03-2316ORDER granting 14 Motion to Stay Scheduling Order. Signed by Judge Royce C. Lamberth on 3/22/18. (lsj) (Entered: 03/23/2018)
2018-12-2017NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of UNITED STATES FOOD AND DRUG ADMINISTRATION Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/20/2018)
2019-01-3018ORDER requiring the parties to meet and confer. Signed by Judge Royce C. Lamberth on 1/30/2019. (lcrcl2) (Entered: 01/30/2019)
2019-02-2719NOTICE of Proposed Order by UNITED STATES FOOD AND DRUG ADMINISTRATION (Cirino, Paul) (Entered: 02/27/2019)
2019-04-1520ORDER entered, nunc pro tunc. Signed by Judge Royce C. Lamberth on 4/11/19. (lsj) (Entered: 04/15/2019)
2019-04-1721Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Cirino, Paul) (Entered: 04/17/2019)
2019-04-18MINUTE ORDER: Upon consideration of the April 17, 2019, Joint Status Report 21 , a further Joint Status Report shall be filed on or before May 31, 2019. Signed by Judge Royce C. Lamberth on 4/18/2019. (lcrcl1) (Entered: 04/18/2019)
2019-04-25Set/Reset Deadlines: Joint Status Report due by 5/31/2019 (lsj) (Entered: 04/25/2019)
2019-05-3122Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Cirino, Paul) (Entered: 05/31/2019)
2019-10-2923Joint MOTION to Modify Briefing Schedule by UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 10/29/2019)
2019-10-3024ORDER granting 23 Motion to Modify Briefing Schedule. Plaintiff will complete its review and present Defendant with a proposal to narrow the issues in dispute by December 18, 2019. Defendant will file any motion for summary judgment on February 5, 2020. Plaintiff will file any cross-motion for summary judgment and opposition to Defendant's motion on March 20, 2020. Defendant will file any opposition to Plaintiff's cross-motion and reply in support of its motion on April 21, 2020. Plaintiff will file any reply supporting its cross-motion on May 8, 2020. Signed by Judge Royce C. Lamberth on 10/30/2019. (lcrcl2) (Entered: 10/30/2019)
2019-10-31Set/Reset Deadlines: Summary Judgment motions due by 2/5/2020. Response to Motion for Summary Judgment due by 3/20/2020. Reply to Motion for Summary Judgment due by 4/21/2020. Replies due by 5/8/2020. (lsj) (Entered: 10/31/2019)
2020-02-0525STIPULATION of Dismissal by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Cirino, Paul) (Entered: 02/05/2020)
2020-02-0726ORDER dismissing the case with prejudice, except for plaintiff's claim for the recovery of attorneys' fees. Signed by Judge Royce C. Lamberth on 02/06/2020. (lcrcl2) (Entered: 02/07/2020)
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by FOIA Project Staff
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