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Case TitleANAND et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01635
Date Filed2021-06-11
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffNEIL ANAND
TERMINATED: 05/23/2023
PlaintiffLESLY POMPY
PlaintiffFELIX BRIZUELA
PlaintiffDAVID I. STEIN
PlaintiffJAY K. JOSHI M.D.
PlaintiffNORMAN CLEMENT
PlaintiffLINDA SUE CHEEK
PlaintiffBARBARA DOYLE MARINO
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantDRUG ENFORCEMENT ADMINISTRATION
DefendantFELIX BRIZUELA
DefendantFELIX BRIZUELA
TERMINATED: 10/01/2021
DefendantDAVID I. STEIN
DefendantDAVID I. STEIN
TERMINATED: 10/01/2021
DefendantJAY K. JOSHI M.D.
DefendantJAY K. JOSHI M.D.
TERMINATED: 10/01/2021
DefendantNORMAN CLEMENT
DefendantNORMAN CLEMENT
TERMINATED: 04/08/2022
DefendantLINDA SUE CHEEK
DefendantLINDA SUE CHEEK
TERMINATED: 04/27/2022
DefendantBARBARA DOYLE MARINO
TERMINATED: 08/01/2022
DefendantHOWARD ADELGLASS
TERMINATED: 08/11/2022
AppealD.C. Circuit 23-5119
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [86]
Opinion/Order [88]
Opinion/Order [95]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-111COMPLAINT against DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by NEIL ANAND, LESLY POMPY. ( Filing fee $ 402, receipt number 200035) (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 06/21/2021)
2021-06-162SUMMONS (4) Issued as to DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 06/21/2021)
2021-06-233ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 06/23/2021. (DM) (Entered: 06/23/2021)
2021-07-254NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 07/25/2021)
2021-08-065ANSWER to Complaint by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Molen, Kathleene) (Entered: 08/06/2021)
2021-08-096ORDER requiring the parties to meet and confer and file a Joint Status Report by SEPTEMBER 24, 2021. The Clerk of Court shall mail copies of this Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 8/9/21. (lcckk3) (Entered: 08/09/2021)
2021-08-09Set/Reset Deadlines: Meet and confer and file a Joint Status Report by 9/24/2021. (dot) (Entered: 08/09/2021)
2021-09-157MOTION to Intervene by FELIX BRIZUELA. (ztd) (Entered: 09/17/2021)
2021-09-208MOTION to Intervene by DAVID I. STEIN. (ztd) (Main Document 8 replaced on 9/20/2021) (ztd). (Entered: 09/20/2021)
2021-09-249Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Plaintiffs' Exhibits)(Molen, Kathleene) (Entered: 09/24/2021)
2021-09-2810MOTION to Intervene by JAY K. JOSHI. (Attachments: # 1 Text of Proposed Order)(znmw) (Entered: 09/29/2021)
2021-09-2911Memorandum in opposition to re 7 MOTION to Intervene, 8 MOTION to Intervene, 10 MOTION to Intervene filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 09/29/2021)
2021-10-0112ORDER denying 7 Motion to Intervene; denying 8 Motion to Intervene; denying 10 Motion to Intervene. The Clerk of Court is instructed to mail this Order to Plaintiffs' and Movants' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 10/1/2021. (lcckk3) (Entered: 10/01/2021)
2021-10-0113ORDER requiring further Joint Status Report by OCTOBER 25, 2021. The Clerk of Court is instructed to mail a copy of this Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 10/1/2021. (lcckk3) (Entered: 10/01/2021)
2021-10-2114MOTION for Reconsideration re 12 Order on Motion to Intervene, by DAVID I. STEIN. (Attachment: # 1 Text of Proposed Order) (ztth) (Entered: 10/22/2021)
2021-10-2515STATUS REPORT Plaintiffs' Status Report by NEIL ANAND. (Attachments: # 1 Exhibit Plaintiffs' Exhibits 4a-4d, # 2 Exhibit Plaintiffs' Exhibits 5a-5d, # 3 Exhibit Plaintiffs' Exhibits 6a-6b, # 4 Exhibit Plaintiffs' Exhibits 7a-7d, # 5 Exhibit Plaintiffs' Exhibits 8a-8e, # 6 Exhibit Plaintiffs' Exhibits 9a-9d, # 7 Exhibit Plaintiff Exhibit 10, # 8 Exhibit Plaintiff Exhibit 11)(Molen, Kathleene) Modified filer on 10/26/2021 (znmw). (Entered: 10/25/2021)
2021-10-2516STATUS REPORT Defendants' Status Report by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/25/2021)
2021-10-2617MOTION to Alter or Amend Judgment as to 12 Order on Motion to Intervene by FELIX BRIZUELA. (znmw) (znmw). (Entered: 10/26/2021)
2021-11-0218ORDER requiring the parties to file a Joint Status Report by DECEMBER 2, 2021. The Clerk of Court is instructed to mail copies of this Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 11/2/21. (lcckk3) (Entered: 11/02/2021)
2021-11-0219Memorandum in opposition to re 17 MOTION to Alter Judgment as to 12 Order on Motion to Intervene,,,,,, 14 MOTION for Reconsideration re 12 Order on Motion to Intervene,,,,, filed by DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 11/02/2021)
2021-11-0520NOTICE OF SUBSTITUTION OF COUNSEL by Douglas C. Dreier on behalf of DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Kathleene Molen (Dreier, Douglas) (Entered: 11/05/2021)
2021-11-1521REPLY to opposition to motion re 17 MOTION to Alter Judgment as to 12 Order on Motion to Intervene filed by FELIX BRIZUELA. (znmw) (Entered: 11/16/2021)
2021-12-0222Joint STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order by Defendants)(Dreier, Douglas) (Entered: 12/02/2021)
2021-12-0323ERRATA (as requested by Plaintiffs) by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re 22 Status Report filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Exhibit Plaintiffs' Ex. 12, # 2 Exhibit Plaintiffs' Ex. 13, # 3 Exhibit Plaintiffs' Ex. 14, # 4 Exhibit Plaintiffs' Ex. 15, # 5 Exhibit Plaintiffs' Ex. 16, # 6 Exhibit Plaintiffs' Ex. 17, # 7 Exhibit Plaintiffs' Ex. 18, # 8 Exhibit Plaintiffs' Ex. 19, # 9 Exhibit Plaintiffs' Ex. 20, # 10 Exhibit Plaintiffs' Ex. 21, # 11 Exhibit Plaintiffs' Ex. 22, # 12 Text of Proposed Order Plaintiffs' First Proposed Order, # 13 Text of Proposed Order Plaintiffs' Second Proposed Order)(Dreier, Douglas) (Entered: 12/03/2021)
2021-12-0724ORDER. The Clerk of Court is instructed to mail a copy of this Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 12/7/21. (lcckk3) (Entered: 12/07/2021)
2021-12-3025MOTION for Leave to File Amended Complaint by NEIL ANAND, LESLY POMPY. (znmw) (Entered: 01/05/2022)
2022-01-0626ORDER denying without prejudice Plaintiffs' 25 Motion for Leave to File Amended Complaint. The Clerk of Court is instructed to mail a copy of this Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 1/6/22. (lcckk3) (Entered: 01/06/2022)
2022-01-1327Joint STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order Defendants' Proposed Order, # 2 Text of Proposed Order Plaintiffs' Proposed Order)(Dreier, Douglas) (Entered: 01/13/2022)
2022-01-1828ORDER. The Clerk of Court is instructed to mail copies of this Order by overnight service to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 1/18/22. (lcckk3) (Entered: 01/18/2022)
2022-01-18Set/Reset Deadlines: Motion for leave to file Amended Complaint due by 1/31/2022. (dot) (Entered: 01/18/2022)
2022-01-1929MEMORANDUM OPINION & ORDER denying 14 Movant Stein's Motion for Reconsideration; denying 17 Movant Brizuela's Motion to Alter Judgment; denying Movant Joshi's Motion to Reconsider. The Clerk of Court is instructed to mail copies of this Memorandum Opinion & Order to Plaintiffs' and Movants' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 1/19/22. (lcckk3) (Entered: 01/19/2022)
2022-01-1930MOTION for Reconsideration re 12 Order on Motion to Intervene by JAY K. JOSHI. "Leave to File Granted" signed by Judge Colleen Kollar-Kotelly on 1/19/2022 (Attachments: # 1 Exhibit)(znmw) (Entered: 01/20/2022)
2022-01-2831MOTION for Leave to File Amended Complaint by NEIL ANAND, LESLY POMPY. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amended Complaint)(znmw) (Entered: 01/31/2022)
2022-02-01MINUTE ORDER. The Court is in receipt of Plaintiffs' 31 Motion For Leave to File Amended Complaint. Plaintiffs indicate that Defendants oppose their 31 motion. The Court ORDERS Defendants to file a response to the 31 motion by no later than FEBRUARY 15 2022 and Plaintiffs to file a reply by no later than FEBRUARY 22, 2022. The Clerk of Court shall mail a copy of this Minute Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 2/1/22. (lcckk3) (Entered: 02/01/2022)
2022-02-01Set/Reset Deadlines: Defendants' Response to 31 due by 2/15/2022. Plaintiffs' Reply due by 2/22/2022. (dot) (Entered: 02/01/2022)
2022-02-1532Memorandum in opposition to re 31 MOTION for Leave to File filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/15/2022)
2022-02-2233REPLY to opposition to motion re 31 MOTION for Leave to File filed by LESLY POMPY. (znmw) (Entered: 02/24/2022)
2022-02-2234REPLY to opposition to motion re 31 MOTION for Leave to File filed by NEIL ANAND. (znmw) (Additional attachment(s) added on 2/24/2022: # 1 Exhibits) (znmw). (Entered: 02/24/2022)
2022-03-1435MOTION to Intervene by NORMAN CLEMENT. (znmw) (Entered: 03/16/2022)
2022-03-3036Memorandum in opposition to re 35 MOTION to Intervene filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Dreier, Douglas) (Entered: 03/30/2022)
2022-04-0837MEMORANDUM OPINION & ORDER denying 35 Motion to Intervene filed by Norman Clement. The Clerk of Court is directed to mail a copy of this Memorandum Opinion & Order to Movant Clement's and Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 4/8/22. (lcckk3) (Entered: 04/08/2022)
2022-04-0838MEMORANDUM OPINION & ORDER denying 31 Plaintiffs' Second Motion for Leave to File an Amended Complaint; directing the parties to confer and propose a briefing schedule by APRIL 25, 2022. The Clerk of Court is directed to mail a copy of this Memorandum Opinion & Order to and Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 4/8/22. (lcckk3) (Entered: 04/08/2022)
2022-04-1939MOTION to Intervene by LINDA SUE CHEEK. (znmw) (Entered: 04/20/2022)
2022-04-2540Joint STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 04/25/2022)
2022-04-2641MOTION for Reconsideration re 38 Order on Motion for Leave to File, by NEIL ANAND. (Attachments: # 1 Exhibit 41-a, # 2 Exhibit 41-b, # 3 Certificate of Service)(znmw) (Entered: 04/27/2022)
2022-04-2642MOTION for Reconsideration re 38 Order on Motion for Leave to File, by LESLY POMPY. (znmw) (Entered: 04/27/2022)
2022-04-2646MOTION for Reconsideration re 37 Order on Motion to Intervene, by NORMAN CLEMENT. (Attachments: # 1 Exhibits)(znmw) (Entered: 05/09/2022)
2022-04-2743MEMORANDUM OPINION & ORDER denying 41 , 42 Motions for Reconsideration. The Clerk of Court is directed to mail a copy of this Memorandum Opinion & Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 4/27/22. (lcckk3) (Entered: 04/27/2022)
2022-04-2744SCHEDULING & PROCEDURES ORDER. The Clerk of Court is directed to mail a copy of this Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 4/27/22. (lcckk3) (Entered: 04/27/2022)
2022-04-2745MEMORANDUM OPINION & ORDER denying 39 Motion to Intervene by Linda Sue Cheek. The Clerk of Court is directed to mail a copy of this Order to Plaintiffs' and Movant Cheek's addresses of record. Signed by Judge Colleen Kollar-Kotelly on 4/27/22. (lcckk3) (Entered: 04/27/2022)
2022-04-27Set/Reset Deadlines: Defendants shall file their Summary Judgment Motion due by 6/17/2022. Opposition to Motion for Summary Judgment due by 7/18/2022. Reply to Motion for Summary Judgment due by 8/17/2022. (dot) (Entered: 05/03/2022)
2022-05-2347Memorandum in opposition to re 46 MOTION for Reconsideration re 37 Order on Motion to Intervene, filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 05/23/2022)
2022-06-0348MOTION for Protective Order by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order)(Dreier, Douglas) (Entered: 06/03/2022)
2022-06-0749MEMORANDUM OPINION & ORDER granting Defendants' 48 Motion for Protective Order; denying leave to file Plaintiffs' Requests for Admission. The Clerk of Court is directed to mail a copy of this Memorandum Opinion & Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 6/7/22. (lcckk3) (Entered: 06/07/2022)
2022-06-0750LEAVE TO FILE DENIED- Plaintiff's Requests for Admissions. This document is unavailable as the Court denied its filing. " LEAVE TO FILE DENIED for the reasons set forth in the Court's Memorandum Opinion & Order, ECF No. 49." Signed by Judge Colleen Kollar-Kotelly on 6/7/2022. (znmw) (Entered: 06/07/2022)
2022-06-1051Unopposed MOTION for Extension of Time to File Summary Judgment Briefing by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 06/10/2022)
2022-06-1053Memorandum in opposition to re 48 MOTION for Protective Order filed by NEIL ANAND, LESLY POMPY. (Attachments: # 1 Certificate of Service, # 2 Exhibit 42, # 3 Exhibit 43, # 4 Exhibit 44, # 5 Exhibit 45, # 6 Exhibit 46, # 7 Exhibit 47, # 8 Exhibit 48, # 9 Exhibit 49, # 10 Exhibit 50, # 11 Exhibit 51, # 12 Errata 52, # 13 Exhibit 53, # 14 Exhibit 54, # 15 Exhibit 55, # 16 Exhibit 56, # 17 Exhibit 57, # 18 Exhibit 58, # 19 Exhibit 59, # 20 Exhibit 60, # 21 Exhibit 61, # 22 Exhibit 62, # 23 Exhibit 63, # 24 Exhibit 64, # 25 Exhibit 65, # 26 Exhibit 66, # 27 Exhibit 67, # 28 Exhibit 68, # 29 Exhibit 69, # 30 Exhibit 70, # 31 Exhibit 71, # 32 Exhibit 72, # 33 Exhibit 73, # 34 Exhibit 74, # 35 Exhibit 75, # 36 Exhibit 76, # 37 Exhibit 77, # 38 Exhibit 78, # 39 Exhibit 79, # 40 Exhibit 80, # 41 Exhibit 81, # 42 Exhibit 82, # 43 Exhibit 83, # 44 Exhibit 84, # 45 Exhibit 85, # 46 Exhibit 86, # 47 Exhibit 87, # 48 Exhibit 88, # 49 Exhibit 89, # 50 Exhibit 90, # 51 Exhibit 91, # 52 Exhibit 92)(znmw) (Entered: 06/14/2022)
2022-06-1352ORDER granting Defendants' 51 Unopposed Motion for Extension of Summary Judgment Briefing Schedule. The Clerk of Court is directed to mail a copy of this Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 6/13/22. (lcckk3) (Entered: 06/13/2022)
2022-07-1254MEMORANDUM OPINION & ORDER denying Movant Clement's 46 Motion for Reconsideration; directing that Defendants shall not be required to file a response to any further motions to intervene unless directed to do so by the Court. The Clerk of Court is directed to mail a copy of this Memorandum Opinion & Order to Plaintiffs' and Movant's addresses of record. Signed by Judge Colleen Kollar-Kotelly on 7/12/22. (lcckk3) (Entered: 07/12/2022)
2022-07-2155MOTION to Intervene by BARBARA DOYLE MARINO. (Attachments: # 1 Exhibits)(znmw) (Entered: 07/22/2022)
2022-08-0156MEMORANDUM OPINION & ORDER denying 55 Motion to Intervene filed by Barbara Doyle Marino. The Clerk of Court is instructed to mail a copy of this Order to Plaintiffs' and Intervenor's addresses of record. Signed by Judge Colleen Kollar-Kotelly on 8/1/22. (lcckk3) (Entered: 08/01/2022)
2022-08-0457MOTION to Intervene by HOWARD ADELGLASS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Text of Proposed Order)(zjm) (Entered: 08/08/2022)
2022-08-1158MEMORANDUM OPINION & ORDER denying 57 Motion to Intervene filed by Howard Adelglass. The Clerk of Court is instructed to mail a copy of this Order to Plaintiffs' and Movant's addresses of record. Signed by Judge Colleen Kollar-Kotelly on 8/11/22. (lcckk3) (Entered: 08/11/2022)
2022-08-1659MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit - Index of Exhibits and Declarations, # 4 Declaration of Robin Brooks (HHS), # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Declaration of Angela D. Hertel (DEA), # 12 Exhibit A, # 13 Exhibit B, # 14 Exhibit C, # 15 Exhibit D, # 16 Exhibit E, # 17 Exhibit F, # 18 Exhibit G, # 19 Exhibit H, # 20 Exhibit I, # 21 Text of Proposed Order)(Dreier, Douglas) (Entered: 08/16/2022)
2022-08-2261MOTION for Discovery Pursuant to Rule 56(d) by NEIL ANAND, LESLY POMPY. (Attachments: # 1 Certificate of Service, # 2 Exhibit 93, # 3 Exhibit 94, # 4 Exhibit 95, # 5 Exhibit 96, # 6 Exhibit 97, # 7 Exhibit 98, # 8 Exhibit 99, # 9 Exhibit 100, # 10 Exhibit 101, # 11 Exhibit 102, # 12 Exhibit 103, # 13 Exhibit 104, # 14 Exhibit 105, # 15 Exhibit 106, # 16 Exhibit 107, # 17 Exhibit 108, # 18 Exhibit 109, # 19 Exhibit 110, # 20 Exhibit 111, # 21 Exhibit 112, # 22 Exhibit 113, # 23 Exhibit 114, # 24 Exhibit 115, # 25 Exhibit 116, # 26 Exhibit 117, # 27 Exhibit 118, # 28 Exhibit 119, # 29 Exhibit 120, # 30 Exhibit 121, # 31 Text of Proposed Order)(zjm) (Entered: 08/24/2022)
2022-08-2360Fox-Neal ORDER. The Clerk of Court is directed to mail copies of this Order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 8/23/22. (lcckk3) (Entered: 08/23/2022)
2022-08-23Set/Reset Deadlines: Defendants' Response to 59 Motion for Summary Judgment due by 9/15/2022. (dot) (Entered: 08/23/2022)
2022-08-2563SUPPLEMENTAL MEMORANDUM to re 61 MOTION for Discovery filed by NEIL ANAND. (Attachment: # 1 Certificate of Service)(zjm) (Entered: 08/29/2022)
2022-08-2662MEMORANDUM OPINION & ORDER denying Plaintiffs' 61 Motion for Discovery. The Clerk of Court shall mail copies of this order to Plaintiffs' addresses of record. Signed by Judge Colleen Kollar-Kotelly on 8/26/22. (lcckk3) (Entered: 08/26/2022)
2022-09-1564Memorandum in opposition to re 59 Motion for Summary Judgment,, filed by NEIL ANAND, LESLY POMPY. (Attachments: # 1 Certificate of Service, # 2 Affidavit Anand, # 3 Affidavit Pompy, # 4 Exhibit 122, # 5 Exhibit 123, # 6 Exhibit 124, # 7 Exhibit 125, # 8 Exhibit Summary Judgment order, # 9 Exhibit Order)(zjm) (Entered: 09/16/2022)
2022-09-2865LEAVE TO FILE DENIED- HOWARD ADELGLASS - Motion for Reconsideration This document is unavailable as the Court denied its filing. "LEAVE TO FILE DENIED". Signed by Judge Colleen Kollar-Kotelly on 09/28/2022. (zjm) (Entered: 09/28/2022)
2022-09-2866MOTION for Reconsideration of Denial of Proposed Amended Complaint Pursuant to Rule 54(b) by HOWARD ADELGLASS. "LEAVE TO FILE GRANTED" by Judge Colleen Kollar-Kotelly on 09/28/2022. (zjm) (Entered: 09/28/2022)
2022-09-2867MEMORANDUM OPINION & ORDER denying 66 Adelglass Motion for Reconsideration. The Clerk of Court is directed to mail a copy of this order to Plaintiffs' and Movant's addresses of record. Signed by Judge Colleen Kollar-Kotelly on 9/28/22. (lcckk3) (Entered: 09/28/2022)
2022-10-1468STRICKEN PURSUANT TO ORDER FILED 10/17/2022..... MOTION for Reconsideration re 56 Order on Motion to Intervene, by BARBARA DOYLE MARINO. (Attachment: # 1 Certificate of Service)(zjm) Modified on 10/19/2022 (dot). (Entered: 10/14/2022)
2022-10-17MINUTE ORDER. The Court is in receipt of BARBARA DOYLE MARINO's 68 Motion for Reconsideration of 56 Order on Motion to Intervene. Pursuant to the Court's 44 Scheduling and Procedures Order, "[m]otions for reconsideration of prior rulings are strongly discouraged.... If such a motion is filed, it shall not exceed ten (10) pages in length .... Motions not in compliance with these instructions may be stricken" (emphasis in original). BARBARA DOYLE MARINO's 68 Motion for Reconsideration of 56 Order on Motion to Intervene is 44 pages long and therefore in contravention of the Court's 44 Scheduling and Procedures Order. Accordingly, the Court STRIKES BARBARA DOYLE MARINO's 68 Motion for Reconsideration of 56 Order on Motion to Intervene. Signed by Judge Colleen Kollar-Kotelly on 10/17/22.(lcckk3) (Entered: 10/17/2022)
2022-10-1769REPLY to opposition to motion re 59 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Dreier, Douglas) (Entered: 10/17/2022)
2022-10-1871ENTERED IN ERROR.....REQUEST from ALL PLAINTIFFS for the Clerk to effect service of one copy of the default judgment together with a translation of each into the official language of the foreign state, by registered mail, return receipt requested, to the head of the ministry of foreign affairs, pursuant to 28 U.S.C. 1608(a)(3). (zjm) Modified on 10/28/2022 entered in wrong case, will refile in correct case (zjm). (Entered: 10/28/2022)
2022-10-2470LEAVE TO FILE DENIED- NEIL ANAND and LESLY POMPY - SURREPLY This document is unavailable as the Court denied its filing. "LEAVE TO FILE DENIED. Leave of court is required to file a Surreply." Signed by Judge Colleen Kollar-Kotelly on 10/24/2022. (zjm) (Entered: 10/26/2022)
2022-10-2572MOTION for Reconsideration re 56 Order on Motion to Intervene, by BARBARA DOYLE MARINO. (Attachment: # 1 Certificate of Service)(zjm) (Entered: 10/28/2022)
2022-10-3173MOTION for Leave to File Surreply by NEIL ANAND, LESLY POMPY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service, # 3 Surreply, # 4 Exhibit 126, # 5 Exhibit 127, # 6 Exhibit 128, # 7 Exhibit 129, # 8 Exhibit 130, # 9 Exhibit 131, # 10 Exhibit 132, # 11 Exhibit 133, # 12 Exhibit 134, # 13 Exhibit 135, # 14 Exhibit 136, # 15 Exhibit 137, # 16 Exhibit 138)(zjm) (Entered: 11/04/2022)
2022-11-0474NEW Pro Se Consent To Receive Notices of Electronic Filing by NEIL ANAND (zjm) (Entered: 11/04/2022)
2022-11-0875Memorandum in opposition to re 72 Motion for Reconsideration filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 11/08/2022)
2022-11-1476Memorandum in opposition to re 73 Motion for Leave to File, filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 11/14/2022)
2022-11-1477MEMORANDUM OPINION & ORDER denying the 72 Motion for Reconsideration by BARBARA DOYLE MARINO. The Clerk of Court is directed to mail a copy of this order to Plaintiffs' and Movant's addresses of record. Signed by Judge Colleen Kollar-Kotelly on 11/14/22. (lcckk3) (Entered: 11/14/2022)
2022-11-1578MEMORANDUM OPINION & ORDER denying 73 Motion for Leave to File Sur-Reply. Signed by Judge Colleen Kollar-Kotelly on 11/15/22. (lcckk3) (Entered: 11/15/2022)
2022-11-1579MEMORANDUM OPINION & ORDER imposing pre-filing injunction. Plaintiffs, Movants seeking to intervene, and future Movants seeking to intervene are required to obtain leave of court to make any future filing. See Opinion for more details. Signed by Judge Colleen Kollar-Kotelly on 11/15/22. (lcckk3) (Entered: 11/15/2022)
2023-02-0880NOTICE Regarding Plaintiff Lesly Pompy's Acquittal and Partial Withdrawal of Defendants' Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re 59 Motion for Summary Judgment,, (Dreier, Douglas) (Entered: 02/08/2023)
2023-02-09MINUTE ORDER. The Court is in receipt of Defendants' 80 Notice, in which Defendants indicate that Plaintiff Pompy was acquitted in his criminal trial. Defendants mention that Plaintiff Anand's criminal proceedings remain ongoing. The Court ORDERS Defendants to file a status report by FEBRUARY 13, 2023 providing an update regarding the status of Plaintiff Anand's criminal proceedings, including whether a trial date has been set and any other information. The 80 Notice also indicates that Plaintiff Pompy is currently assessing whether he is interested in continuing to pursue this FOIA litigation. The Court ORDERS Plaintiff Pompy to file a status report by FEBRUARY 17, 2023 indicating whether he plans to continue with this litigation. If so, the Government shall reprocess the records responsive to Plaintiff Pompy's FOIA request, as the DEA no longer advocates for Exemption 7(A) as to Plaintiff Pompy's FOIA request; the Government shall then provide a status report to the Court regarding production and a proposed schedule moving forward. The Court will set these deadlines if they are necessary after receiving Plaintiff Pompy's status report on February 17, 2023. Signed by Judge Colleen Kollar-Kotelly on 2/9/23. (lcckk3) (Entered: 02/09/2023)
2023-02-1081STATUS REPORT Regarding Plaintiff Neil Anand's Criminal Trial by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Dreier, Douglas) (Entered: 02/10/2023)
2023-02-21MINUTE ORDER. On February 9, 2023, the Court posted a Minute Order instructing Plaintiff Pompy to file a status report by February 17, 2023 indicating whether he plans to continue with this litigation based on representations made in the 80 that Pompy is currently assessing whether he is interested in continuing to pursue this FOIA litigation. The Courts Minute Order was inadvertently never mailed to Pompy. The Court ORDERS Plaintiff Pompy to file a status report by FEBRUARY 24, 2023 indicating whether he plans to continue with this litigation. If so, the Government shall reprocess the records responsive to Plaintiff Pompy's FOIA request, as the DEA no longer advocates for Exemption 7(A) as to Plaintiff Pompy's FOIA request; the Government shall then provide a status report to the Court regarding production and a proposed schedule moving forward. The Court will set these deadlines if they are necessary after receiving Plaintiff Pompy's status report on February 24, 2023. The Clerk of Court is directed to send this Order by overnight mail to Plaintiff Pompy's address of record . Signed by Judge Colleen Kollar-Kotelly on 2/21/23. (lcckk3) (Entered: 02/21/2023)
2023-02-2382STATUS REPORT and NOTICE REGARDING PLAINTIFF LESLY POMPYS ACQUITTALAND CONTINUATION OF LITIGATION by LESLY POMPY. (Attachment: # 1 Exhibit)(zjm) (Entered: 02/27/2023)
2023-02-27MINUTE ORDER. The Court is in receipt of Plaintiff Lesly Pompy's 82 Notice, in which Pompy indicates that he plans to remain in the litigation despite being acquitted in his criminal trial. In their previously-filed 81 Status Report, Defendants indicated that they would be reprocessing records responsive to Pompy's FOIA request as the DEA no longer advocates for Exemption 7(A). The Court ORDERS Defendants to file a Status Report by MARCH 10, 2023 providing an update to the Court with an estimated timeline for the reprocessing of such records and, if appropriate at that time, a proposed schedule for a renewed motion for summary judgment on the issue of the exemptions claimed for Pompy's FOIA request. The Clerk of Court is directed to send this Order by overnight mail to Plaintiff Pompy's address of record . Signed by Judge Colleen Kollar-Kotelly on 2/27/23. (lcckk3) (Entered: 02/27/2023)
2023-03-1083STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Dreier, Douglas) (Entered: 03/10/2023)
2023-03-1384ORDER setting briefing schedule for Defendants' Motion for Summary Judgment. Defendants shall file a Motion for Summary Judgment regarding any exemptions asserted regarding Plaintiff Pompy's FOIA request to DEA by JULY 28, 2023; Plaintiff Pompy shall file his opposition by AUGUST 11, 2023; and Defendants shall file their reply by AUGUST 18, 2023. See Order for more details. The Clerk of the Court shall mail a copy of this Order to Plaintiff's address of record . Signed by Judge Colleen Kollar-Kotelly on 3/13/23. (lcckk3) (Entered: 03/13/2023)
2023-03-13Set/Reset Deadlines: Defendants' Summary Judgment Motion due by 7/28/2023. Plaintiffs' Opposition to Motion for Summary Judgment due by 8/11/2023. Defendants' Reply to Motion for Summary Judgment due by 8/18/2023. (dot) (Entered: 03/22/2023)
2023-03-2785ORDER granting Defendants' 59 Motion for Summary Judgment as against Plaintiff Lesly Pompy, only on the issue of the reasonableness of the DEAs search in response to Plaintiff Pompy's FOIA request. The Clerk of Court is directed to send this Order by overnight mail to Plaintiff Pompy's address of record . Signed by Judge Colleen Kollar-Kotelly on 3/27/23. (lcckk3) (Entered: 03/27/2023)
2023-03-2786MEMORANDUM OPINION accompanying 85 Order. The Clerk of Court is directed to send this Opinion by overnight mail to Plaintiff Pompy's address of record . Signed by Judge Colleen Kollar-Kotelly on 3/27/23. (lcckk3) (Entered: 03/27/2023)
2023-03-2787ORDER granting in part and denying in part Defendants' Motion for Summary Judgment as against Plaintiff Neil Anand. The Clerk of Court is directed to send this Order by overnight mail to Plaintiff Anand's address of record . Signed by Judge Colleen Kollar-Kotelly on 3/27/23. (lcckk3) (Entered: 03/27/2023)
2023-03-2788MEMORANDUM OPINION accompanying 87 Order. The Clerk of Court is directed to send this Opinion by overnight mail to Plaintiff Anand's address of record . Signed by Judge Colleen Kollar-Kotelly on 3/27/23. (lcckk3) (Entered: 03/27/2023)
2023-04-0789STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 04/07/2023)
2023-04-1090ORDER setting schedule for Defendants' renewed motion for summary judgment. Defendants shall file their motion by APRIL 26, 2023; Plaintiff Anand shall file a response by MAY 10, 2023; Defendants shall file a reply by MAY 17, 2023. Signed by Judge Colleen Kollar-Kotelly on 4/10/23. (lcckk3) (Entered: 04/10/2023)
2023-04-10Set/Reset Deadlines: Defendants' Renewed Summary Judgment Motion due by 4/26/2023. Anand's Response to Motion for Summary Judgment due by 5/10/2023. Reply to Motion for Summary Judgment due by 5/17/2023. (dot) (Entered: 04/10/2023)
2023-04-2691Second MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Robin Brooks (Supplemental), # 4 Text of Proposed Order)(Dreier, Douglas) (Entered: 04/26/2023)
2023-05-0592Memorandum in opposition to re 91 Motion for Summary Judgment, filed by NEIL ANAND. (Attachments: # 1 Affidavit Rule 56 blue cross blue shield affidavit, # 2 Copy of Order (April 10, 2023), # 3 Certificate of Service)(zjm) (Entered: 05/08/2023)
2023-05-1693REPLY to opposition to motion re 91 Second MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Dreier, Douglas) (Entered: 05/16/2023)
2023-05-2394ORDER granting 91 Motion for Summary Judgment and dismissing case as brought by Plaintiff Neil Anand. Signed by Judge Colleen Kollar-Kotelly on 5/23/23. (lcckk3) (Entered: 05/23/2023)
2023-05-2395MEMORANDUM OPINION accompanying 94 Order. Signed by Judge Colleen Kollar-Kotelly on 5/23/23. (lcckk3) (Entered: 05/23/2023)
2023-05-2496NOTICE OF APPEAL TO DC CIRCUIT COURT as to 87 Order, 94 Order on Motion for Summary Judgment by NEIL ANAND. Fee Status: No Fee Paid. Parties have been notified. (zjm) (Entered: 05/25/2023)
2023-05-2597Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court or motion to proceed In Forma Pauperis has been decided re 96 Notice of Appeal to DC Circuit Court. (zjm) (Entered: 05/25/2023)
2023-05-2698Supplemental Record on Appeal transmitted to US Court of Appeals re 96 Notice of Appeal to DC Circuit Court. (zjm) (Entered: 05/26/2023)
2023-05-31USCA Case Number 23-5119 for 96 Notice of Appeal to DC Circuit Court filed by NEIL ANAND. (znmw) (Entered: 05/31/2023)
2023-06-0199ORDER of USCA as to 96 Notice of Appeal to DC Circuit Court filed by NEIL ANAND ; Referring Motion to Appeal IFP to the District Court; USCA Case Number 23-5119. (znmw) (Entered: 06/01/2023)
2023-06-01100MOTION for Leave to Appeal in forma pauperis by NEIL ANAND. (znmw) (Entered: 06/01/2023)
2023-06-09101Memorandum in opposition to re 100 Motion for Leave to Appeal in forma pauperis filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 06/09/2023)
2023-06-19102MOTION to Appoint Counsel, MOTION for Leave to File by NEIL ANAND. (Attachment: # 1 Appendix)(zjm) (Entered: 06/21/2023)
2023-07-26103MOTION for Extension of Time to File Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 07/26/2023)
2023-07-27MINUTE ORDER. The Court is in receipt of Defendants' 103 Motion for Extension of Time to File Motion for Summary Judgment. Defendants explain that the Motion concerns Defendant DEA's exemptions asserted in response to Plaintiff Pompy's FOIA request to DEA, part of which was referred to the FBI. Defendants explain that the FBI is not able to complete processing by the existing deadline, and therefore they request the extension "to permit time for the FBI to complete its processing for the referred pages and release any reasonably segregable, non-exempt material." Defendants then state that they have "focused on trying to find a solution, including by offeringafter Plaintiff Anand objected to the delaythat Plaintiff Pompy could narrow his FOIA request to exclude the referral, which would permit Defendants to file their motion without further delay. Plaintiff Pompy has not responded to this request." This is only the second motion to extend in this case filed by either side. The Court GRANTS the 103 Motion. Per Defendants' suggestion, the Court ORDERS Defendant's Motion for Summary Judgment to be filed by OCTOBER 26, 2023; Plaintiff Pompy's opposition to be filed by NOVEMBER 27, 2023; and Defendants' reply to be filed by DECEMBER 21, 2023. Signed by Judge Colleen Kollar-Kotelly on 7/27/23. (lcckk3) (Entered: 07/27/2023)
2023-07-27Set/Reset Deadlines: Defendants' Summary Judgment Motion due by 10/26/2023. Plaintiff POMPY's Response to Motion for Summary Judgment due by 11/27/2023. Reply to Motion for Summary Judgment due by 12/21/2023. (dot) (Entered: 10/12/2023)
2023-08-22104Third MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit - Index of Exhibits and Declarations, # 4 Declaration of Gevorg Margaryan, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Text of Proposed Order)(Dreier, Douglas) (Entered: 08/22/2023)
2023-11-03MINUTE ORDER. The Court is in receipt of Plaintiff Anand's 100 Motion for Leave to Appeal In Forma Pauperis. As Defendants explain in their 101 Response, Plaintiff Anand fails to satisfy the standard set forth in 28 U.S.C. § 1915(a)(3) as there has not been a final decision as to every party in this case; Plaintiff Pompy's claims remain, and Defendants have filed a 104 Third Motion for Summary Judgment against Plaintiff Pompy that is not yet ripe. Accordingly, the Court DENIES Plaintiff Anand's 100 Motion. Signed by Judge Colleen Kollar-Kotelly on 11/3/23. (lcckk3) (Entered: 11/03/2023)
2023-11-03MINUTE ORDER. The Court is in receipt of Plaintiff Anand's 102 Motion, in which he seeks two forms of relief in a seventy-page filing. First, Plaintiff Anand moves for leave to reply to Defendant's 101 Response regarding the 100 Motion for Leave to Appeal In Forma Pauperis. For the reasons set forth in the previous Minute Order, the Court denied that 100 Motion; the Court therefore DENIES Plaintiff Anand's 102 Motion for Leave to File. Second, Plaintiff Anand moves to have appointed counsel. The Court DENIES Plaintiff Anand's 102 Motion to Appoint Counsel, as exceptional circumstances have not been satisfied in this case to warrant such action. Signed by Judge Colleen Kollar-Kotelly on 11/3/23. (lcckk3) (Entered: 11/03/2023)
2023-11-13105Supplemental Record on Appeal transmitted to US Court of Appeals re 11/03/2023 Minute Order on Motion for Leave to Appeal in forma pauperis, 96 Notice of Appeal to DC Circuit Court, Order on Motion to Appoint Counsel, Order on Motion for Leave to File; USCA Case Number 23-5119. (zjm) (Entered: 11/13/2023)
2023-11-30106Memorandum in opposition to re 104 Motion for Summary Judgment, filed by LESLY POMPY. (Attachment: # 1 Certificate of Service)(zjm) (Entered: 12/06/2023)
2023-12-20107REPLY to opposition to motion re 104 Third MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit G)(Dreier, Douglas) (Entered: 12/20/2023)
2024-02-05108MOTION for Leave to File Surreply by LESLY POMPY. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 23-26, # 3 Exhibit 27-32, # 4 Certificate of Service)(zjm) (Entered: 02/05/2024)
2024-02-20109Memorandum in opposition to re 108 Motion for Leave to File Sur-Reply filed by DRUG ENFORCEMENT ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/20/2024)
2024-02-23110ORDER denying Plaintiff Pompy's 108 Motion for Leave to File Sur-Reply. The Clerk of Court is instructed to send a copy of this Order to Plaintiff's address of record . Signed by Judge Colleen Kollar-Kotelly on 2/23/24. (lcckk3) (Entered: 02/23/2024)
2024-02-27USCA Appeal Fees received $ 505 receipt number 206739 re 96 Notice of Appeal to DC Circuit Court filed by NEIL ANAND (zjm) (Entered: 02/29/2024)
2024-02-29111Supplemental Record on Appeal transmitted to US Court of Appeals re 96 Notice of Appeal to DC Circuit Court, USCA Appeal Fees received 02/27/2024, USCA Case Number 23-5119. (zjm) (Entered: 02/29/2024)
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