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Case TitleState of Florida et al v. Food and Drug Administration et al
DistrictMiddle District of Florida
CityTampa
Case Number8:2022cv01981
Date Filed2022-08-29
Date Closed2022-10-06
JudgeJudge Thomas P. Barber
PlaintiffState of Florida
PlaintiffFlorida Agency for Health Care Administration
Case DescriptionThe State of Florida submitted a FOIA request to the FDA for records concerning Canadian drug importation programs. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the State of Florida filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFood and Drug Administration
DefendantDepartment of Health and Human Services
DefendantRobert M Califf in his official capacity as Commissioner of Food and Drugs
DefendantXavier Becerra in his official capacity as Secretary of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [63]
Opinion/Order [74]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-291COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $402 receipt number AFLMDC-19936840) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Summons)(Sheeran, Andrew) (Entered: 08/29/2022)
2022-08-292NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Julie S. Sneed. New case number: 8:22-cv-1981-TPB-JSS. (SJB) (Entered: 08/29/2022)
2022-08-303NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (SRC) (Entered: 08/30/2022)
2022-08-304NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (SRC) (Entered: 08/30/2022)
2022-08-305SUMMONS issued as to Department of Health and Human Services, Food and Drug Administration, U.S. Attorney and U.S. Attorney General. (LSS) (Entered: 08/30/2022)
2022-08-306CERTIFICATE of interested persons and corporate disclosure statement by Florida Agency for Health Care Administration, State of Florida. (Sheeran, Andrew) (Entered: 08/30/2022)
2022-08-317AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Proposed Summons)(Sheeran, Andrew) (Entered: 08/31/2022)
2022-08-318SUMMONS issued as to Xavier Becerra, Robert M Califf, Department of Health and Human Services, Food and Drug Administration, U.S. Attorney and U.S. Attorney General. (LSS) (Entered: 08/31/2022)
2022-08-319PROOF of service by Florida Agency for Health Care Administration (Sheeran, Andrew) (Entered: 08/31/2022)
2022-09-0110NOTICE of Lead Counsel Designation by Andrew T. Sheeran on behalf of Florida Agency for Health Care Administration. Lead Counsel: Andrew T. Sheeran. (Sheeran, Andrew) (Entered: 09/01/2022)
2022-09-0211NOTICE by State of Florida of Lead Counsel Designation (Percival, James) (Entered: 09/02/2022)
2022-09-2812NOTICE of Appearance by James W Harlow on behalf of Xavier Becerra, Robert M Califf, Department of Health and Human Services, Food and Drug Administration (Harlow, James) (Entered: 09/28/2022)
2022-09-2813Unopposed MOTION for Extension of Time to File Answer by All Defendants. (Scott, Olivia) (Entered: 09/28/2022)
2022-09-3014Unopposed MOTION for R. Trent McCotter to appear pro hac vice by Florida Agency for Health Care Administration. (Sheeran, Andrew) Motions referred to Magistrate Judge Julie S. Sneed. (Entered: 09/30/2022)
2022-09-3015Unopposed MOTION for Jonathan Berry to appear pro hac vice by Florida Agency for Health Care Administration. (Sheeran, Andrew) Motions referred to Magistrate Judge Julie S. Sneed. (Entered: 09/30/2022)
2022-09-3016Unopposed MOTION for Jared M. Kelson to appear pro hac vice by Florida Agency for Health Care Administration. (Sheeran, Andrew) Motions referred to Magistrate Judge Julie S. Sneed. (Entered: 09/30/2022)
2022-09-3017Unopposed MOTION for C. Boyden Gray to appear pro hac vice by Florida Agency for Health Care Administration. (Sheeran, Andrew) Motions referred to Magistrate Judge Julie S. Sneed. (Entered: 09/30/2022)
2022-09-3018ENDORSED ORDER: Defendants' "Unopposed Motion for an Extension of Time to Respond to the Amended Complaint" (Doc. 13 ) is granted. Defendants may file their response to the complaint on or before November 7, 2022. Signed by Judge Thomas P. Barber on 9/30/2022. (ANL) (Entered: 09/30/2022)
2022-09-3019ORDER granting 14 Motion to Appear Pro Hac Vice for R. Trent McCotter. Signed by Magistrate Judge Julie S. Sneed on 9/30/2022. (SMC) (Entered: 09/30/2022)
2022-09-3020ORDER granting 15 Motion to Appear Pro Hac Vice for Jonathan Berry. Signed by Magistrate Judge Julie S. Sneed on 9/30/2022. (SMC) (Entered: 09/30/2022)
2022-09-3021ORDER granting 16 Motion to Appear Pro Hac Vice for Jared M. Kelson. Signed by Magistrate Judge Julie S. Sneed on 9/30/2022. (SMC) (Entered: 09/30/2022)
2022-09-3022ORDER granting 17 Motion to Appear Pro Hac Vice for C. Boyden Gray. Signed by Magistrate Judge Julie S. Sneed on 9/30/2022. (SMC) (Entered: 09/30/2022)
2022-09-3023NOTICE of Appearance by Kimberly Ruthsatz Stephens on behalf of Xavier Becerra, Robert M Califf, Department of Health and Human Services, Food and Drug Administration (Stephens, Kimberly) (Entered: 09/30/2022)
2022-10-05PRO HAC VICE FEES paid by attorney Jared M. Kelson Esq (Filing fee $150 receipt number TPA067312.) Related document: 16 Unopposed MOTION for Jared M. Kelson to appear pro hac vice . (ARC) (Entered: 10/05/2022)
2022-10-05PRO HAC VICE FEES paid by attorney Jonathan Berry Esq (Filing fee $150 receipt number TPA067311.) Related document: 15 Unopposed MOTION for Jonathan Berry to appear pro hac vice . (ARC) (Entered: 10/05/2022)
2022-10-05PRO HAC VICE FEES paid by attorney R. Trent McCotter (Filing fee $150 receipt number TPA067310.) Related document: 14 Unopposed MOTION for R. Trent McCotter to appear pro hac vice . (ARC) (Entered: 10/05/2022)
2022-10-05PRO HAC VICE FEES paid by attorney C. Boyden Gray Esq (Filing fee $150 receipt number TPA067309.) Related document: 17 Unopposed MOTION for C. Boyden Gray to appear pro hac vice . (ARC) (Entered: 10/05/2022)
2022-10-0624NOTICE of Lead Counsel Designation by R. Trent McCotter on behalf of Florida Agency for Health Care Administration. Lead Counsel: R. Trent McCotter. (McCotter, R.) (Entered: 10/06/2022)
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by FOIA Project Staff
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