| Date Filed | Doc # | Docket Text |
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| 2022-11-28 | 1 | COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against U.S. Food and Drug Administration ( Filing fee $ 402 receipt number ADCDC-9696050) filed by The Judge Rotenburg Educational Center, Inc., Glenda P. Crookes. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Notice of Related Case, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Longosz, Edward) (zcb). (Entered: 11/28/2022) |
| 2022-11-28 | 2 | NOTICE OF RELATED CASE by JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. Case related to Case No. 1:17-CV-2092-BAH. (zcb) (Entered: 11/29/2022) |
| 2022-11-28 | 3 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (zcb) (Entered: 11/29/2022) |
| 2022-11-29 | | NOTICE OF ERROR re 1 Complaint; emailed to elongosz@eckertseamans.com, cc'd 0 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. (Briggs, Charles) (Entered: 11/29/2022) |
| 2022-11-29 | 4 | REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by JUDGE ROTENBERG EDUCATIONAL CENTER, INC., GLENDA P. CROOKES. Related document: 1 Complaint, filed by JUDGE ROTENBERG EDUCATIONAL CENTER, INC., GLENDA P. CROOKES.(Longosz, Edward) (Entered: 11/29/2022) |
| 2022-11-30 | | Case Assigned to Chief Judge Beryl A. Howell. (zcb) (Entered: 11/30/2022) |
| 2022-11-30 | 5 | SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 11/30/2022) |
| 2022-11-30 | 6 | STANDING ORDER. Signed by Chief Judge Beryl A. Howell on November 30, 2022. (lcbah4) (Entered: 11/30/2022) |
| 2022-12-23 | 7 | NOTICE of Appearance by Robert Aaron Caplen on behalf of U.S. FOOD AND DRUG ADMINISTRATION (Caplen, Robert) (Entered: 12/23/2022) |
| 2022-12-23 | 8 | Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 12/23/2022) |
| 2022-12-27 | 9 | ENTERED IN ERROR.....NOTICE OF FILING OF AFFIDAVIT OF SERVICE by GLENDA P. CROOKES, JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 1C, # 5 Exhibit 1D, # 6 Exhibit 1E, # 7 Exhibit 1F)(Longosz, Edward) Modified on 12/29/2022 (zed). (Entered: 12/27/2022) |
| 2022-12-27 | | MINUTE ORDER (paperless) GRANTING the government's 8 Consent Motion for Extension of Time, and DIRECTING the government to answer or otherwise respond to plaintiff's 1 Complaint by February 3, 2023. Signed by Chief Judge Beryl A. Howell on December 27, 2022. (lcbah4) (Entered: 12/27/2022) |
| 2022-12-28 | | Set/Reset Deadlines: Answer to the Complaint due by 2/3/2023. (ztg) (Entered: 12/28/2022) |
| 2022-12-29 | | NOTICE OF ERROR regarding 9 Notice (Other),. The following error(s) need correction: Incorrect event. Please refile using correct summons returned executed event. Select parties that have been served and enter date of delivery (not date mailed). (zed) (Entered: 12/29/2022) |
| 2023-01-03 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FOOD AND DRUG ADMINISTRATION served on 12/7/2022 (Attachments: # 1 Exhibit A - Email to USADC, # 2 Exhibit B - Return Email from USADC, # 3 Exhibit C - AG Certified Mail Request, # 4 Exhibit D - AG Return Receipt, # 5 Exhibit E - FDA Certified Mail Request, # 6 Exhibit F - FDA Return Receipt)(Longosz, Edward) (Entered: 01/03/2023) |
| 2023-01-03 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/2/2022. Answer due for ALL FEDERAL DEFENDANTS by 1/1/2023. (Attachments: # 1 Exhibit A - Email to USADC, # 2 Exhibit B - Return Email from USADC, # 3 Exhibit C - AG Certified Mail Request, # 4 Exhibit D - AG Return Receipt, # 5 Exhibit E - FDA Certified Mail Request, # 6 Exhibit F - FDA Return Receipt)(Longosz, Edward) (Entered: 01/03/2023) |
| 2023-01-03 | 12 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/7/2022. (Attachments: # 1 Exhibit A - Email to USADC, # 2 Exhibit B - Return Email from USADC, # 3 Exhibit C - AG Certified Mail Request, # 4 Exhibit D - AG Return Receipt, # 5 Exhibit E - FDA Certified Mail Request, # 6 Exhibit F - FDA Return Receipt)(Longosz, Edward) (Entered: 01/03/2023) |
| 2023-01-04 | 13 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew D. Rodgers, Filing fee $ 100, receipt number ADCDC-9766134. Fee Status: Fee Paid. by GLENDA P. CROOKES, JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Longosz, Edward) (Entered: 01/04/2023) |
| 2023-01-04 | 14 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael P. Flammia, Filing fee $ 100, receipt number ADCDC-9766183. Fee Status: Fee Paid. by GLENDA P. CROOKES, JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Longosz, Edward) (Entered: 01/04/2023) |
| 2023-01-04 | | MINUTE ORDER (paperless) GRANTING plaintiff's 13 Motion for Admission Pro Hac Vice. Mr. Rodgers may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. 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 Chief Judge Beryl A. Howell on January 4, 2023. (lcbah4) (Entered: 01/04/2023) |
| 2023-01-04 | | MINUTE ORDER (paperless) GRANTING plaintiff's 14 Motion for Admission Pro Hac Vice. Mr. Flammia may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. 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 Chief Judge Beryl A. Howell on January 4, 2023. (lcbah4) (Entered: 01/04/2023) |
| 2023-01-11 | 15 | NOTICE of Appearance by Michael P. Flammia on behalf of GLENDA P. CROOKES, JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Flammia, Michael) (Entered: 01/11/2023) |
| 2023-01-11 | 16 | NOTICE of Appearance by Matthew D. Rodgers on behalf of GLENDA P. CROOKES, JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Rodgers, Matthew) (Entered: 01/11/2023) |
| 2023-02-03 | 17 | ANSWER to Complaint by U.S. FOOD AND DRUG ADMINISTRATION.(Caplen, Robert) (Entered: 02/03/2023) |
| 2023-02-03 | 18 | NOTICE OF SUBSTITUTION OF COUNSEL by John Bardo on behalf of U.S. FOOD AND DRUG ADMINISTRATION Substituting for attorney Robert Caplen (Bardo, John) (Entered: 02/03/2023) |
| 2023-02-17 | 19 | Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Bardo, John) (Entered: 02/17/2023) |
| 2023-02-21 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, the parties to submit, by June 15, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on February 21, 2023. (lcbah4) (Entered: 02/21/2023) |
| 2023-02-22 | | Set/Reset Deadlines: Joint Status Report due by 6/15/2023. (ztg) (Entered: 02/22/2023) |
| 2023-06-15 | 20 | Joint STATUS REPORT by GLENDA P. CROOKES, JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Longosz, Edward) (Entered: 06/15/2023) |
| 2023-06-16 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 20 Joint Status Report, the parties to submit, by October 2, 2023, and every ninety days thereafter, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on June 16, 2023. (lcbah4) (Entered: 06/16/2023) |
| 2023-06-16 | | Set/Reset Deadlines: Joint Status Report due by 10/2/2023, and every ninety days thereafter. (ztg) (Entered: 06/16/2023) |
| 2023-09-26 | 21 | Consent MOTION for Extension of Time to File a Joint Status Report by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 09/26/2023) |
| 2023-09-29 | | MINUTE ORDER (paperless) GRANTING defendant's 21 Consent Motion of Extension of Time, and DIRECTING the parties to file their next joint status report in this matter by October 16, 2023. Signed by Judge Beryl A. Howell on September 29, 2023. (lcbah4) (Entered: 09/29/2023) |
| 2023-09-29 | | Set/Reset Deadlines: Parties Joint Status Report due by 10/16/2023 (mac) (Entered: 09/29/2023) |
| 2023-10-16 | 22 | Joint STATUS REPORT by GLENDA P. CROOKES, JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Longosz, Edward) (Entered: 10/16/2023) |
| 2023-10-20 | | MINUTE ORDER (paperless) DIRECTING defendant, upon consideration of the parties' 22 Joint Status Report, to report to plaintiffs, within sixty days, regarding the status of defendant's search for potentially responsive additional records, and FURTHER DIRECTING the parties to file, within ninety days, their next joint status report in this matter. Signed by Judge Beryl A. Howell on October 20, 2023. (lcbah4) (Entered: 10/20/2023) |
| 2023-10-23 | | Set/Reset Deadlines: Parties Joint Status Report due by 12/19/2023. (mac) (Entered: 10/23/2023) |
| 2024-01-18 | 23 | Joint STATUS REPORT by GLENDA P. CROOKES, JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Longosz, Edward) (Entered: 01/18/2024) |
| 2024-01-31 | | MINUTE ORDER (paperless), upon consideration of the parties' 23 Joint Status Report, in which the parties disagree regarding the production schedule for the approximately 74,000 remaining pages of records potentially responsive to plaintiffs' FOIA request, with plaintiffs proposing that defendant FDA start and end productions on March 1, 2024, and June 1, 2025, respectively, based on a monthly processing rate of "at least 5,000 pages," id. at 67, even though the parties' agreed-upon production schedule for the initial tranche of potentially responsive records was "based upon a monthly review of at least 1,000 pages," id. at 12, and the FDA exceeded this agreed-upon rate, reviewing at least 3,603 pages per month for its most recent productions in November, December, and January, id. at 2---a processing rate well above the "typical processing schedule for FOIA matters in litigation in this jurisdiction," id. at 45 (collecting cases)---and FDA "agreed to search for two additional categories of records," which request "significantly increased the volume of records that FDA has been asked to review," id. at 3-4, and where plaintiff "provides no evidence of bad faith or argument for why expedited processing is warranted," Minute Order, Project for Priv. & Surveillance Accountability, Inc. v. Off. of the Dir. of Natl Intel. , No. 21-cv-1217 (TSC) (D.D.C. Apr. 19, 2022) (denying "[p]laintiff's request that the court order the Department of State and ODNI to process document requests at a rate of 500 pages per month"), DIRECTING FDA, by March 1, 2024, to begin concurrent searches of the remaining records potentially responsive to plaintiffs' request, and to make rolling monthly productions based on the processing rates agreed-to by the parties in their 20 June 15, 2023 Status Report, with a monthly review of at least 1,000 pages, and a quarterly review of at least 4,000 pages, and FURTHER DIRECTING the parties to file, by April 30, 2024, their next joint status report in this matter. Signed by Judge Beryl A. Howell on January 31, 2024. (lcbah4) (Entered: 01/31/2024) |
| 2024-02-01 | | Set/Reset Deadlines: Joint Status Report due by 4/30/2024 (mac) (Entered: 02/01/2024) |
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