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Case TitleVANDA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01405
Date Filed2022-05-19
Date Closed2023-06-21
JudgeJudge Randolph D. Moss
PlaintiffVANDA PHARMACEUTICALS, INC.
Case DescriptionVanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning when the requirement of a nine-month non-rodent toxicity study was waived by the FDA. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda Pharmaceutical filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2022-05-191COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9250520) filed by VANDA PHARMACEUTICALS, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Summons, # 4 Civil Cover Sheet)(Hughes, Paul) (Entered: 05/19/2022)
2022-05-192LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VANDA PHARMACEUTICALS, INC. (Hughes, Paul) (Entered: 05/19/2022)
2022-05-20Case Assigned to Judge Randolph D. Moss. (zmh) (Entered: 05/20/2022)
2022-05-20NOTICE OF ERROR re 1 Complaint; emailed to PHughes@mwe.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmh, ) (Entered: 05/20/2022)
2022-05-203SUMMONS (1) Issued Electronically as to FOOD AND DRUG ADMINISTRATION. (Attachment: # 1 Notice and Consent)(zmh) (Entered: 05/20/2022)
2022-05-234REQUEST FOR SUMMONS TO ISSUE to U.S. Attorney General and U.S. Attorney for the District of Columbia filed by VANDA PHARMACEUTICALS, INC..(Hughes, Paul) (Entered: 05/23/2022)
2022-05-235SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 05/23/2022)
2022-05-266STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 5/26/2022. (lcrdm2) (Entered: 05/26/2022)
2022-05-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/25/2022. Answer due for ALL FEDERAL DEFENDANTS by 6/24/2022. (Hughes, Paul) (Entered: 05/26/2022)
2022-06-178NOTICE of Appearance by Sean Michael Tepe on behalf of FOOD AND DRUG ADMINISTRATION (Tepe, Sean) (Entered: 06/17/2022)
2022-06-249ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Tepe, Sean) (Entered: 06/24/2022)
2022-06-28MINUTE ORDER: It is hereby ORDERED that, on or before July 20, 2022, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on July 27, 2022, at 10:00 a.m., before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 6/28/2022. (lcrdm2) (Entered: 06/28/2022)
2022-07-2010Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 07/20/2022)
2022-07-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 10 , it is hereby ORDERED that the Initial Scheduling Conference set for July 27, 2022, is VACATED and RESCHEDULED for August 19, 2022, at 1:30 p.m., to occur via Zoom. It is further ORDERED that the parties shall file a further joint status report on or before August 12, 2022. Signed by Judge Randolph D. Moss on 7/21/2022. (lcrdm2) (Entered: 07/21/2022)
2022-08-1211Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 08/12/2022)
2022-08-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the initial scheduling conference set for August 19, 2022, is VACATED and RESCHEDULED for September 8, 2022, at 1:30 p.m., to occur via Zoom. It is further ORDERED that the parties shall file a further joint status report on or before September 1, 2022. Signed by Judge Randolph D. Moss on 8/13/2022. (lcrdm2) (Entered: 08/13/2022)
2022-08-31MINUTE ORDER: Due to a conflict in the Court's calendar, it is hereby ORDERED that the Initial Scheduling Conference scheduled for September 8th, 2022, is hereby VACATED and RESCHEDULED for October 14th, 2022 at 11:00a.m., to occur via Zoom. It is further ORDERED that the report and proposed scheduling order pursuant to Local Civil Rule 16.3(d) shall be filed on or before October 7th, 2022. Signed by Judge Randolph D. Moss on 08/31/2022. (lcrdm2) (Entered: 08/31/2022)
2022-09-0112Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 09/01/2022)
2022-10-0713Joint STATUS REPORT by VANDA PHARMACEUTICALS, INC.. (Hughes, Paul) (Entered: 10/07/2022)
2022-10-07MINUTE ORDER: Upon consideration of the Joint Status Report, Dkt. 13 , it is hereby ORDERED that (1) the Initial Scheduling Conference set for October 14, 2022 is VACATED; and (2) the parties shall file a further joint status report on or before October 28, 2022. Signed by Judge Randolph D. Moss on 10/07/2022. (lcrdm2) (Entered: 10/07/2022)
2022-10-2814Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 10/28/2022)
2022-10-31MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 14 , it is hereby ORDERED that the parties file a further joint status report on or before November 14, 2022. Signed by Judge Randolph D. Moss on 10/31/2022. (lcrdm2) (Entered: 10/31/2022)
2022-11-1415Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 11/14/2022)
2022-11-16MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 14, 2022. Signed by Judge Randolph D. Moss on 11/16/2022. (lcrdm2) (Entered: 11/16/2022)
2022-12-1416Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 12/14/2022)
2022-12-15MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 27, 2023. Signed by Judge Randolph D. Moss on 12/15/2022. (lcrdm2) (Entered: 12/15/2022)
2023-01-2717Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 01/27/2023)
2023-01-27MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 13, 2023. Signed by Judge Randolph D. Moss on 1/27/2023. (lcrdm2) (Entered: 01/27/2023)
2023-02-1318Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 02/13/2023)
2023-02-14MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 28, 2023. Signed by Judge Randolph D. Moss on 2/14/2023. (lcrdm2) (Entered: 02/14/2023)
2023-02-2719Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 02/27/2023)
2023-02-28MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 7, 2023. Signed by Judge Randolph D. Moss on 2/28/2023. (lcrdm2) (Entered: 02/28/2023)
2023-04-0720Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 04/07/2023)
2023-04-07MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 8, 2023. Signed by Judge Randolph D. Moss on 4/7/2023. (lcrdm2) (Entered: 04/07/2023)
2023-05-0821Joint STATUS REPORT by VANDA PHARMACEUTICALS, INC.. (Hughes, Paul) (Entered: 05/08/2023)
2023-05-10MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 30, 2023. Signed by Judge Randolph D. Moss on 5/10/2023. (lcrdm2) (Entered: 05/10/2023)
2023-05-3022Joint STATUS REPORT by VANDA PHARMACEUTICALS, INC.. (Hughes, Paul) (Entered: 05/30/2023)
2023-06-01MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 20, 2023. Signed by Judge Randolph D. Moss on 6/1/2023. (lcrdm2) (Entered: 06/01/2023)
2023-06-2023Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 06/20/2023)
2023-06-2024STIPULATION of Dismissal by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Tepe, Sean) (Entered: 06/20/2023)
2023-06-21MINUTE ORDER: Pursuant to the parties' Stipulation of Dismissal, Dkt. 24 , it is hereby ORDERED that the case is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a), with each party to bear its own attorney's fees and costs. The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 6/21/2023. (lcrdm2) (Entered: 06/21/2023)
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