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Case TitleNOVA OCULUS PARTNERS, LLC et al v. U.S. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02950
Date Filed2019-10-01
Date Closed2022-09-30
JudgeJudge Dabney L. Friedrich
PlaintiffNOVA OCULUS PARTNERS, LLC
formerly known as EYE MACHINE, LLC
PlaintiffPETER POCKLINGTON
PlaintiffLANTSON E. ELDRED
PlaintiffAMC HOLDINGS CO., LLC
Case DescriptionNova Oculus Partners submitted a FOIA request to the FDA for records concerning emails sent by a number of agency employees referring to Nova Oculus or its partners or related entities. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Nova Oculus filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. FOOD 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
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-011COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number 0090-6411487) filed by NOVA OCULUS PARTNERS, LLC, f/k/a THE EYE MACHINE, LLC, AMC HOLDINGS CO., LLC, LANTSON E. ELDRED, PETER POCKLINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5)(Himes, Lisa) (Entered: 10/01/2019)
2019-10-012ENTERED IN ERROR.....NOTICE OF RELATED CASE by AMC HOLDINGS CO., LLC, LANTSON E. ELDRED, NOVA OCULUS PARTNERS, LLC, f/k/a THE EYE MACHINE, LLC, PETER POCKLINGTON. Case related to Case No. 19-666. (Himes, Lisa) Modified on 10/3/2019 (zrdj). (Entered: 10/01/2019)
2019-10-013NOTICE OF RELATED CASE by AMC HOLDINGS CO., LLC, LANTSON E. ELDRED, NOVA OCULUS PARTNERS, LLC, f/k/a THE EYE MACHINE, LLC, PETER POCKLINGTON. Case related to Case No. 19-2700. and 19-666 (Himes, Lisa) Modified on 10/3/2019 (zrdj). (Entered: 10/01/2019)
2019-10-03NOTICE OF CORRECTED DOCKET ENTRY: re 2 Notice of Related Case was entered as a duplicate to docket entry 3 Notice of Related Case. (zrdj) (Entered: 10/03/2019)
2019-10-03Case Assigned to Judge Dabney L. Friedrich. (zrdj) (Entered: 10/03/2019)
2019-10-034LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMC Holdings Co., LLC and by NOVA OCULUS PARTNERS, LLC (Himes, Lisa) (Entered: 10/03/2019)
2019-10-035SUMMONS (3) Issued as to U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 10/03/2019)
2019-10-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/8/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/7/2019. (Himes, Lisa) (Entered: 10/14/2019)
2019-10-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/8/2019. (Himes, Lisa) (Entered: 10/14/2019)
2019-10-148RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FOOD AND DRUG ADMINISTRATION served on 10/9/2019 (Himes, Lisa) (Entered: 10/14/2019)
2019-10-159NOTICE of Appearance by Damon William Taaffe on behalf of U.S. FOOD AND DRUG ADMINISTRATION (Taaffe, Damon) (Entered: 10/15/2019)
2019-11-0610ANSWER to Complaint by U.S. FOOD AND DRUG ADMINISTRATION.(Taaffe, Damon) (Entered: 11/06/2019)
2019-11-06MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before November 20, 2019. So Ordered by Judge Dabney L. Friedrich on November 6, 2019. (lcdlf3) (Entered: 11/06/2019)
2019-11-2011Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Taaffe, Damon) (Entered: 11/20/2019)
2019-11-20MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before December 20, 2019. So Ordered by Judge Dabney L. Friedrich on November 20, 2019. (lcdlf3) (Entered: 11/20/2019)
2019-12-2012Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Taaffe, Damon) (Entered: 12/20/2019)
2019-12-20MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before January 20, 2020. So Ordered by Judge Dabney L. Friedrich on December 20, 2019. (Entered: 12/20/2019)
2020-01-2113Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Taaffe, Damon) (Entered: 01/21/2020)
2020-01-22MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before March 2, 2020. So Ordered by Judge Dabney L. Friedrich on January 22, 2020. (lcdlf3) (Entered: 01/22/2020)
2020-01-2214NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. FOOD AND DRUG ADMINISTRATION Substituting for attorney Damon Taaffe (Gonzalez, Brenda) (Entered: 01/22/2020)
2020-03-0215Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Gonzalez, Brenda) (Entered: 03/02/2020)
2020-03-02MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before April 2, 2020. So Ordered by Judge Dabney L. Friedrich on March 2, 2020. (lcdlf3) (Entered: 03/02/2020)
2020-04-0216Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Gonzalez, Brenda) (Entered: 04/02/2020)
2020-04-03MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before May 18, 2020. So Ordered by Judge Dabney L. Friedrich on April 3, 2020. (lcdlf3) (Entered: 04/03/2020)
2020-05-1817Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Gonzalez, Brenda) (Entered: 05/18/2020)
2020-05-18MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before June 19, 2020. So Ordered by Judge Dabney L. Friedrich on May 18, 2020. (lcdlf3) (Entered: 05/18/2020)
2020-05-2618NOTICE of Appearance by Michael A. Tilghman on behalf of U.S. FOOD AND DRUG ADMINISTRATION (Tilghman, Michael) (Entered: 05/26/2020)
2020-06-1919Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/19/2020)
2020-06-22MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before July 31, 2020. So Ordered by Judge Dabney L. Friedrich on June 22, 2020. (lcdlf3) (Entered: 06/22/2020)
2020-07-3120Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Exhibit)(Tilghman, Michael) (Entered: 07/31/2020)
2020-08-03MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before September 14, 2020. So Ordered by Judge Dabney L. Friedrich on August 3, 2020. (lcdlf1) (Entered: 08/03/2020)
2020-08-03Set/Reset Deadlines: Status Report due by 9/14/2020 (zjch) (Entered: 08/03/2020)
2020-09-1421Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/14/2020)
2020-09-14MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before October 14, 2020. So Ordered by Judge Dabney L. Friedrich on September 14, 2020. (lcdlf1) (Entered: 09/14/2020)
2020-09-14Set/Reset Deadlines: Status Report due by 10/14/2020 (zjch) (Entered: 09/15/2020)
2020-09-14Set/Reset Deadlines: Status Report due by 10/14/2020 (zjch) (Entered: 09/15/2020)
2020-09-1522NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. FOOD AND DRUG ADMINISTRATION. (Gonzalez, Brenda) (Entered: 09/15/2020)
2020-10-1423Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/14/2020)
2020-10-14MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before November 13, 2020. So Ordered by Judge Dabney L. Friedrich on October 14, 2020. (lcdlf1) (Entered: 10/14/2020)
2020-10-14Set/Reset Deadlines: Status Report due by 11/13/2020 (zjch) (Entered: 10/15/2020)
2020-11-1324Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 11/13/2020)
2020-11-16MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before December 18, 2020. So Ordered by Judge Dabney L. Friedrich on November 16, 2020. (lcdlf1) (Entered: 11/16/2020)
2020-11-16Set/Reset Deadlines: Status Report due by 12/18/2020 (zjch) (Entered: 11/16/2020)
2020-12-1825Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 12/18/2020)
2020-12-21MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before January 19, 2021. So Ordered by Judge Dabney L. Friedrich on December 21, 2020. (lcdlf1) (Entered: 12/21/2020)
2021-01-1926Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/19/2021)
2021-01-19MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before March 2, 2021. So Ordered by Judge Dabney L. Friedrich on January 19, 2021. (lcdlf1) (Entered: 01/19/2021)
2021-03-0227Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/02/2021)
2021-03-03MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before April 16, 2021. So Ordered by Judge Dabney L. Friedrich on March 3, 2021. (lcdlf1) (Entered: 03/03/2021)
2021-04-1628Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 04/16/2021)
2021-04-19MINUTE ORDER. Upon consideration of the parties' 28 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before June 2, 2021. So Ordered by Judge Dabney L. Friedrich on April 19, 2021. (lcdlf1) (Entered: 04/19/2021)
2021-06-0229Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/02/2021)
2021-06-02MINUTE ORDER. Upon consideration of the parties' 29 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before July 19, 2021. So Ordered by Judge Dabney L. Friedrich on June 2, 2021. (lcdlf1) (Entered: 06/02/2021)
2021-07-1930Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/19/2021)
2021-07-19MINUTE ORDER. Upon consideration of the parties' 30 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before September 2, 2021. So Ordered by Judge Dabney L. Friedrich on July 19, 2021. (lcdlf1) (Entered: 07/19/2021)
2021-09-0231Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/02/2021)
2021-09-03MINUTE ORDER. Upon consideration of the parties' 31 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before October 19, 2021. So Ordered by Judge Dabney L. Friedrich on September 3, 2021. (lcdlf1) (Entered: 09/03/2021)
2021-10-1932Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/19/2021)
2021-10-20MINUTE ORDER. Upon consideration of the parties' 32 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before December 3, 2021. So Ordered by Judge Dabney L. Friedrich on October 20, 2021. (lcdlf1) (Entered: 10/20/2021)
2021-12-0333Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 12/03/2021)
2021-12-06MINUTE ORDER. Upon consideration of the parties' 33 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before January 18, 2022. So Ordered by Judge Dabney L. Friedrich on December 6, 2021. (lcdlf1) (Entered: 12/06/2021)
2022-01-1834Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/18/2022)
2022-01-1835NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. FOOD AND DRUG ADMINISTRATION. Attorney Brenda A. Gonzalez-Horowitz terminated. (Gonzalez-Horowitz, Brenda) (Entered: 01/18/2022)
2022-01-26MINUTE ORDER. Upon consideration of the parties' 34 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before February 23, 2022. So Ordered by Judge Dabney L. Friedrich on January 26, 2022. (lcdlf1) (Entered: 01/26/2022)
2022-02-2336Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 02/23/2022)
2022-03-01MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before April 11, 2022. So Ordered by Judge Dabney L. Friedrich on March 1, 2022. (lcdlf1) (Entered: 03/01/2022)
2022-04-1137NOTICE of Appearance by Stephen DeGenaro on behalf of U.S. FOOD AND DRUG ADMINISTRATION (DeGenaro, Stephen) (Entered: 04/11/2022)
2022-04-1138Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 04/11/2022)
2022-04-12MINUTE ORDER. Upon consideration of the parties' 38 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before June 10, 2022. So Ordered by Judge Dabney L. Friedrich on April 12, 2022. (lcdlf1) (Entered: 04/12/2022)
2022-06-1039Joint STATUS REPORT by U.S. Food and Drug Administration and by AMC HOLDINGS CO., LLC, LANTSON E. ELDRED, NOVA OCULUS PARTNERS, LLC, PETER POCKLINGTON. (Attachments: # 1 Text of Proposed Order)(Himes, Lisa) (Entered: 06/10/2022)
2022-06-16MINUTE ORDER. Upon consideration of the parties' 39 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before August 3, 2022. So Ordered by Judge Dabney L. Friedrich on June 16, 2022. (lcdlf1) (Entered: 06/16/2022)
2022-06-16Set/Reset Deadlines: Status Report due by 8/3/2022 (zjch, ) (Entered: 06/17/2022)
2022-07-0840NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. FOOD AND DRUG ADMINISTRATION. Attorney Stephen DeGenaro terminated. (DeGenaro, Stephen) (Entered: 07/08/2022)
2022-08-0341Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 08/03/2022)
2022-08-04MINUTE ORDER. Upon consideration of the parties' 41 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before September 30, 2022. So Ordered by Judge Dabney L. Friedrich on August 4, 2022. (lcdlf1) (Entered: 08/04/2022)
2022-09-3042NOTICE of Appearance by Stephen DeGenaro on behalf of U.S. FOOD AND DRUG ADMINISTRATION (DeGenaro, Stephen) (Entered: 09/30/2022)
2022-09-3043STIPULATION of Dismissal by U.S. Food and Drug Administration and by AMC HOLDINGS CO., LLC, LANTSON E. ELDRED, NOVA OCULUS PARTNERS, LLC, PETER POCKLINGTON. (Himes, Lisa) (Entered: 09/30/2022)
2022-09-30MINUTE ORDER. In light of the parties' 43 Stipulation of Dismissal, the plaintiffs' claims against the defendant are DISMISSED without prejudice. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on September 30, 2022. (lcdlf1) (Entered: 09/30/2022)
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