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Case TitleAlexander v. Food and Drug Administration
DistrictDistrict of Maryland
CityBaltimore
Case Number1:2022cv00108
Date Filed2022-01-14
Date ClosedOpen
JudgeMagistrate Judge A. David Copperthite
PlaintiffGeorge Caleb Alexander
Case DescriptionGeorge Alexander, an expert of drug safety, submitted six FOIA requests to the FDA for records concerning Risk Evaluation and Mitigation Strategy for six specific drugs. The agency acknowledged receipt of the requests. The agency responded to one of his requests. As a result, Alexander filed an administrative appeal. The agency argued that his appeal was premature because it had not made an adverse decision. After hearing nothing further from the agency, Alexander filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Expedited processing, Litigation - Attorney's fees

DefendantFood and Drug Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
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Complaint attachment 11
Complaint attachment 12
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Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-141COMPLAINT against Food and Drug Administration ( Filing fee $ 402 receipt number 0416-9700545.), filed by George Caleb Alexander. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Summons)(DaCosta, Jennifer) (Entered: 01/14/2022)
2022-01-142MOTION to Appear Pro Hac Vice for Stephen Stich (Filing fee $100, receipt number 0416-9701349.) by George Caleb Alexander(DaCosta, Jennifer) (Entered: 01/14/2022)
2022-01-183PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Stephen Stich. Directing attorney Stephen Stich to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 1/18/2022. (dm4, Deputy Clerk) (Entered: 01/18/2022)
2022-01-194QC NOTICE: 1 Complaint, filed by George Caleb Alexander was filed incorrectly. **The following attachments or exhibits are missing - Summons for U.S. Attorney and U.S. Attorney General. To correct this problem, file Summons for U.S. Attorney and U.S. Attorney General using the event Notice (Other) and link Summons for U.S. Attorney and U.S. Attorney General to 1 . (ols, Deputy Clerk) (Entered: 01/19/2022)
2022-01-195NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Beth P. Gesner. George Caleb Alexander or counsel for George Caleb Alexander are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded here . Pursuant to Standing Order 2019-07, which can be downloaded here , counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here . To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge . To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge . Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 2/2/2022. (ols, Deputy Clerk) (Entered: 01/19/2022)
2022-01-196Case Management Order. Signed by Magistrate Judge Beth P. Gesner on 1/19/2022. (ols, Deputy Clerk) (Entered: 01/19/2022)
2022-01-197NOTICE by George Caleb Alexander re 1 Complaint, Summons for U.S. Attorney and U.S. Attorney General (Stich, Stephen) (Entered: 01/19/2022)
2022-01-208Summons Issued 60 days as to Food and Drug Administration, U.S. Attorney and U.S. Attorney General(kk5s, Deputy Clerk) (Entered: 01/20/2022)
2022-02-1710SUMMONS Returned Executed by George Caleb Alexander. Food and Drug Administration served on 2/16/2022, answer due 4/18/2022.(Stich, Stephen) (Entered: 02/17/2022)
2022-03-0311ANSWER to 1 Complaint, by Food and Drug Administration.(Lazerow, Alan) (Entered: 03/03/2022)
2022-03-0812NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Beth P. Gesner. Food and Drug Administration or counsel for Food and Drug Administration are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded here . Pursuant to Standing Order 2019-07, which can be downloaded here , counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here . To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge . To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge . Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 3/22/2022. (kk5s, Deputy Clerk) (Entered: 03/08/2022)
2022-03-1514NOTICE OF DEFICIENCY re: Consent/Decline to Proceed Before a US Magistrate Judge. Food and Drug Administration must correct the following error(s): **Incorrect form used - complete the form Consent to Exercise of Jurisdiction by United States Magistrate Judge which can be downloaded here and refile using the event 25 Pct Mag Consent to Proceed Before a Magistrate Judge OR 25 Pct Mag Decline to Proceed Before a Magistrate Judge , both located in Other Filings >Other Documents. (kk5s, Deputy Clerk) (Entered: 03/15/2022)
2022-03-1616PAPERLESS ORDER: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Beth P. Gesner conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Fourth Circuit Court of Appeals, if an appeal is filed. Signed by Magistrate Judge Beth P. Gesner on 3/16/2022. (bmhs, Deputy Clerk) (Entered: 03/16/2022)
2022-03-2117ORDER directing counsel to review the proposed scheduling order, confer, and file a joint status report no later than 4/4/2022. Signed by Magistrate Judge Beth P. Gesner on 3/21/2022. (Attachments: # 1 Proposed Scheduling Order)(kk5s, Deputy Clerk) (Entered: 03/22/2022)
2022-03-2118ORDER regarding informal discovery dispute procedure. Signed by Magistrate Judge Beth P. Gesner on 3/21/2022. (kk5s, Deputy Clerk) (Entered: 03/22/2022)
2022-04-0419STATUS REPORT by George Caleb Alexander(Stich, Stephen) (Entered: 04/04/2022)
2022-04-0420PAPERLESS ORDER approving 19 Status Report filed by George Caleb Alexander. The parties are directed to submit a joint status report by no later than May 4, 2022. Signed by Magistrate Judge Beth P. Gesner on 4/4/2022. (dwcs, Chambers) (Entered: 04/04/2022)
2022-05-0421STATUS REPORT by George Caleb Alexander(Stich, Stephen) (Entered: 05/04/2022)
2022-05-0422PAPERLESS ORDER approving 21 Status Report filed by George Caleb Alexander. The parties are directed to submit a joint status report by no later than June 3, 2022. Signed by Magistrate Judge Beth P. Gesner on 5/4/2022. (dwcs, Chambers) (Entered: 05/04/2022)
2022-06-0323STATUS REPORT by George Caleb Alexander(Stich, Stephen) (Entered: 06/03/2022)
2022-06-0724PAPERLESS ORDER approving 23 Status Report filed by George Caleb Alexander. The deadline for the submission of a joint status report is October 6, 2022. Signed by Magistrate Judge Beth P. Gesner on 6/7/2022. (dwcs, Chambers) (Entered: 06/07/2022)
2022-10-0625STATUS REPORT by George Caleb Alexander(Stich, Stephen) (Entered: 10/06/2022)
2022-10-1126PAPERLESS ORDER approving 25 Status Report filed by George Caleb Alexander. The parties are directed to file another joint status report by no later than December 5, 2022. Signed by Magistrate Judge Beth P. Gesner on 10/11/2022. (dwcs, Chambers) (Entered: 10/11/2022)
2022-12-0527STATUS REPORT by George Caleb Alexander(Stich, Stephen) (Entered: 12/05/2022)
2022-12-0628PAPERLESS ORDER approving 27 Status Report filed by George Caleb Alexander. The parties are directed to file another joint status report by no later than June 6, 2023. Signed by Magistrate Judge Beth P. Gesner on 12/6/2022. (dwcs, Chambers) (Entered: 12/06/2022)
2022-12-1629MOTION to Appear Pro Hac Vice for Kelsey Eberly (Filing fee $100, receipt number AMDDC-10329262.) by George Caleb Alexander(DaCosta, Jennifer) (Entered: 12/16/2022)
2022-12-1930PAPERLESS ORDER granting 29 Motion to Appear Pro Hac Vice on behalf of Kelsey Eberly. Directing attorney Kelsey Eberly to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 12/19/2022. (mh4s, Deputy Clerk) (Entered: 12/19/2022)
2022-12-2131MOTION to Withdraw as Attorney by George Caleb Alexander(Stich, Stephen) (Entered: 12/21/2022)
2022-12-2232PAPERLESS ORDER granting 31 Motion to Withdraw as Attorney. Attorney Stephen Stich terminated. Signed by Magistrate Judge Beth P. Gesner on 12/22/2022. (dwcs, Chambers) (Entered: 12/22/2022)
2023-06-0633STATUS REPORT by George Caleb Alexander(Eberly, Kelsey) (Entered: 06/06/2023)
2023-06-0734PAPERLESS ORDER approving 33 Status Report filed by George Caleb Alexander. The parties are directed to file a joint status report by no later than September 6, 2023 updating the court on the status of the case. Signed by Magistrate Judge Beth P. Gesner on 6/7/2023. (dwcs, Chambers) (Entered: 06/07/2023)
2023-07-2035MOTION to Withdraw as Attorney by George Caleb Alexander(Eberly, Kelsey) (Entered: 07/20/2023)
2023-07-2036PAPERLESS ORDER granting 35 Motion to Withdraw as Attorney. Attorney Kelsey Rinehart Eberly terminated. Signed by Magistrate Judge Beth P. Gesner on 7/20/2023. (dwcs, Chambers) (Entered: 07/20/2023)
2023-09-0537Status Report Submitted (Joint Status Report) by Food and Drug Administration (Lazerow, Alan) (Entered: 09/05/2023)
2023-09-21Case Reassigned to Magistrate Judge Adam B Abelson. Magistrate Judge Beth P. Gesner no longer assigned to the case. (kns, Deputy Clerk) (Entered: 09/21/2023)
2023-09-21Case Reassigned to Magistrate Judge A. David Copperthite. Magistrate Judge Adam B Abelson no longer assigned to the case. (kns, Deputy Clerk) (Entered: 09/21/2023)
2023-09-2538PAPERLESS ORDER approving 37 Status Report. The parties are directed to file a joint status report by no later than December 6, 2023 updating the court on the status of the case. Signed by Magistrate Judge A. David Copperthite on 9/25/2023. (Chambers) (Entered: 09/25/2023)
2023-12-0539STATUS REPORT (Joint Status Report) by Food and Drug Administration(Lazerow, Alan) (Entered: 12/05/2023)
2023-12-0640MARGINAL ORDER Approving 39 STATUS REPORT (Joint Status Report)filed by Food and Drug Administration. Signed by Magistrate Judge A. David Copperthite on 12/6/2023. (kb3s, Deputy Clerk) (Entered: 12/06/2023)
2024-01-1941MOTION to Strike Appearance of Alan Lazerow by Food and Drug Administration (Attachments: # 1 Text of Proposed Order)(Wilson, Michael) (Entered: 01/19/2024)
2024-01-1942ORDER granting 41 MOTION to Strike Appearance of Alan Lazerow . Signed by Magistrate Judge A. David Copperthite on 1/19/2024. (kb3s, Deputy Clerk) (Entered: 01/19/2024)
2024-02-0843STATUS REPORT (Joint) by Food and Drug Administration(Wilson, Michael) (Entered: 02/08/2024)
2024-02-0844MARGINAL ORDER APPROVING 43 STATUS REPORT (Joint) filed by Food and Drug Administration. Signed by Magistrate Judge A. David Copperthite on 2/8/2024. (kb3s, Deputy Clerk) (Entered: 02/08/2024)
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by FOIA Project Staff
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