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Case TitleWayne Gall v. U.S. Food and Drug Administration
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2018cv03553
Date Filed2018-04-26
Date Closed2019-02-27
JudgeJudge Dale S. Fischer
PlaintiffWayne Gall an individual
Case DescriptionWayne Gall submitted a FOIA request to the FDA for records concerning the agency's 2011 warning about metal-on-metal hip implants. The agency acknowledged receipt of the request and told Gall that it would not be able to begin processing the request for another 2-4 months. After hearing nothing further from the agency, Gall filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFDA U.S. Food and Drug Administration
Documents
Docket
Complaint
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-261COMPLAINT Receipt No: 0973-21658700 - Fee: $400, filed by plaintiff Wayne Gall. (Attorney Brice E Bryan added to party Wayne Gall(pty:pla))(Bryan, Brice) (Entered: 04/26/2018)
2018-04-262CIVIL COVER SHEET filed by Plaintiff Wayne Gall. (Bryan, Brice) (Entered: 04/26/2018)
2018-04-263NOTICE of Interested Parties filed by plaintiff Wayne Gall, (Bryan, Brice) (Entered: 04/26/2018)
2018-04-274NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Alicia G. Rosenberg. (ghap) (Entered: 04/27/2018)
2018-04-275NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 04/27/2018)
2018-04-306STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dp) (Entered: 04/30/2018)
2018-05-23760 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant U.S. Food and Drug Administration. (bp) (Entered: 05/24/2018)
2018-05-23860 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant U.S. Food and Drug Administration. (bp) (Entered: 05/24/2018)
2018-06-279PROOF OF SERVICE Executed by Plaintiff Wayne Gall, upon Defendant U.S. Food and Drug Administration served on 6/27/2018, answer due 8/27/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to CERTIFIED MAIL. Executed upon the Attorney Generals Office of the United States by delivering a copy to CERTIFIED MAIL. Executed upon the officer agency or corporation by delivering a copy to CERTIFIED MAIL. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Bryan, Brice) (Entered: 06/27/2018)
2018-07-1910STIPULATION Extending Time to Answer the complaint as to U.S. Food and Drug Administration answer now due 9/26/2018, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Food and Drug Administration.(Attorney Matthew Jimenez Barragan added to party U.S. Food and Drug Administration(pty:dft))(Barragan, Matthew) (Entered: 07/19/2018)
2018-09-2111STIPULATION for Extension of Time to File Response as to Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Food and Drug Administration. (Attachments: # 1 Proposed Order)(Barragan, Matthew) (Entered: 09/21/2018)
2018-09-2512ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO INITIAL COMPLAINT by Judge Dale S. Fischer: IT IS HEREBY ORDERED that Defendant U.S. Food and Drug Administration (FDA) shall have up to and including October 26, 2018, to answer, plead or otherwise respond to Plaintiffs Complaint. (yl) (Entered: 09/26/2018)
2018-10-2613ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Food and Drug Administration.(Barragan, Matthew) (Entered: 10/26/2018)
2018-10-2914ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 2/11/2019 at 11:00 AM before Judge Dale S. Fischer. (rfi) (Entered: 10/29/2018)
2019-01-0215EX PARTE APPLICATION to Stay Case pending THE LAPSE OF APPROPRIATIONS ; Declaration of Matthew J. Barragan filed by Defendant U.S. Food and Drug Administration. (Attachments: # 1 Proposed Order) (Barragan, Matthew) (Entered: 01/02/2019)
2019-01-0416DENIED BY ORDER OF THE COURT 15 by Judge Dale S. Fischer. (SEE ORDER FOR SPECIFICS) (bp) (Entered: 01/07/2019)
2019-02-0417JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Defendant U.S. Food and Drug Administration.. (Barragan, Matthew) (Entered: 02/04/2019)
2019-02-0618TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) (Entered: 02/06/2019)
2019-02-0619ORDER RE COURT TRIAL I. DEADLINES by Judge Dale S. Fischer. (SEE ORDER FOR SPECIFICS) (bp) (Entered: 02/08/2019)
2019-02-2720NOTICE of Settlement filed by Defendant U.S. Food and Drug Administration. (Attachments: # 1 Exhibit 1 - Settlement Agreement)(Barragan, Matthew) (Entered: 02/27/2019)
2019-02-2721DISMISSAL ORDER by Judge Dale S. Fischer, this action is dismissed with prejudice. Each party shall bear its own fees, costs, and expenses. (Made JS-6. Case Terminated.) (jp) (Entered: 02/27/2019)
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by FOIA Project Staff
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