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Case TitleCENTER FOR FOOD SAFETY v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01271
Date Filed2021-05-07
Date Closed2023-09-12
JudgeJudge Carl J. Nichols
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted FOIA requests to the FDA for records concerning communications between the FDA and the Department of Agriculture related to the potential transfer of regulatory power over gene-edited animals from the FDA to USDA. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CFS filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

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

2021-05-071COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-8435108) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Kimbrell, George) (Entered: 05/07/2021)
2021-05-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Kimbrell, George) (Entered: 05/07/2021)
2021-05-073MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Victoria A. Yundt, Filing fee $ 100, receipt number ADCDC-8435212. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kimbrell, George) (Entered: 05/07/2021)
2021-05-10Case Assigned to Judge Carl J. Nichols. (adh, ) (Entered: 05/10/2021)
2021-05-104SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/10/2021)
2021-05-175STANDING ORDER. Signed by Judge Carl J. Nichols on May 17, 2021. (lccjn1) (Entered: 05/17/2021)
2021-06-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/26/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 6/25/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/24/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 6/2/2021 (Attachments: # 1 Exhibit of Receipts Verifying Service)(Kimbrell, George) (Entered: 06/11/2021)
2021-06-23MINUTE ORDER. The Court having considered Plaintiff's 3 Motion For Admission Pro Hac Vice of Victoria A. Yundt, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Victoria A. Yundt is ADMITTED to practice before the Court pro hac vice . Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Carl J. Nichols on June 23, 2021. (lccjn1) (Entered: 06/23/2021)
2021-06-257NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 06/25/2021)
2021-06-258ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Hammond, Derek) (Entered: 06/25/2021)
2021-08-26MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 16, 2021. The Joint Status Report shall address: (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs request[s] and any discussions regarding whether Plaintiffs request[s] can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 26, 2021. (lccjn1) (Entered: 08/26/2021)
2021-08-26Set/Reset Deadlines: Joint Status Report due by 9/16/2021. (zcal) (Entered: 08/27/2021)
2021-09-169Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 09/16/2021)
2021-09-17MINUTE ORDER. Upon consideration of the Parties' 9 Joint Status Report, it is ORDERED that the Parties shall file by November 16, 2021 an additional joint status report advising the Court of the status of this matter, including an estimated number of responsive records, a proposed production schedule, and a recommendation for further proceedings. Signed by Judge Carl J. Nichols on September 17, 2021. (lccjn1) (Entered: 09/17/2021)
2021-09-1710NOTICE of Appearance by Amy Luisa Van Saun on behalf of CENTER FOR FOOD SAFETY (Van Saun, Amy) (Entered: 09/17/2021)
2021-09-17Set/Reset Deadlines: Joint Status Report due by 11/16/2021. (zcal) (Entered: 09/17/2021)
2021-11-1611Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 11/16/2021)
2021-11-24MINUTE ORDER. Upon consideration of the 11 Joint Status Report, it is ORDERED the Parties shall file, by January 18, 2022, an additional joint status report, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on November 24, 2021. (lccjn1) (Entered: 11/24/2021)
2021-11-24Set/Reset Deadlines: Joint Status Report due by 1/18/2022. (zcal) (Entered: 11/24/2021)
2022-01-1812Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 01/18/2022)
2022-01-18MINUTE ORDER. Upon consideration of the 12 Joint Status Report, it is ORDERED that the Parties shall file, by March 18, 2022, an additional joint status report including a proposal for a production schedule and further proceedings in this matter. Signed by Judge Carl J. Nichols on January 18, 2022. (lccjn1) (Entered: 01/18/2022)
2022-03-1813Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 03/18/2022)
2022-03-23MINUTE ORDER. Upon consideration of the 13 Joint Status Report, it is ORDERED that the Parties shall file, by May 17, 2022, an additional joint status report including a proposal for further proceedings in this matter. Signed by Judge Carl J. Nichols on March 23, 2022. (lccjn1) (Entered: 03/23/2022)
2022-05-1714Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Duffey, Thomas) (Entered: 05/17/2022)
2022-05-19MINUTE ORDER. Upon consideration of the 14 Joint Status Report, it is ORDERED that the Parties shall file, by July 18, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on May 19, 2022. (lccjn1) (Entered: 05/19/2022)
2022-06-0315NOTICE of Appearance by Thomas Duffey on behalf of FOOD AND DRUG ADMINISTRATION (Duffey, Thomas) (Entered: 06/03/2022)
2022-07-1816Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Duffey, Thomas) (Entered: 07/18/2022)
2022-07-21MINUTE ORDER. Upon consideration of the 16 Joint Status Report, it is ORDERED that the parties shall file, by September 16, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on July 21, 2022. (lccjn1) (Entered: 07/21/2022)
2022-09-1617Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 09/16/2022)
2022-09-1618NOTICE OF WITHDRAWAL OF APPEARANCE as to FOOD AND DRUG ADMINISTRATION. Attorney Thomas Duffey terminated. (Duffey, Thomas) (Entered: 09/16/2022)
2022-09-19MINUTE ORDER. Upon consideration of the 17 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report by November 15, 2022, and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on September 19, 2022. (lccjn1) (Entered: 09/19/2022)
2022-09-19Set/Reset Deadlines: Joint Status Report due by 11/15/2022. (zcal) (Entered: 09/22/2022)
2022-11-1519Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 11/15/2022)
2023-01-1720Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 01/17/2023)
2023-03-1721Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 03/17/2023)
2023-05-1922Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 05/19/2023)
2023-05-1923Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Hammond, Derek) (Entered: 05/19/2023)
2023-07-1824NOTICE OF SUBSTITUTION OF COUNSEL by L'Shauntee J. Robertson on behalf of UNITED STATES FOOD AND DRUG ADMINISTRATION Substituting for attorney Derek Hammond (Robertson, L'Shauntee) (Entered: 07/18/2023)
2023-07-1825Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Robertson, L'Shauntee) (Entered: 07/18/2023)
2023-09-1126STIPULATION of Dismissal by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Robertson, L'Shauntee) (Entered: 09/11/2023)
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