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Case TitleINFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00112
Date Filed2023-01-13
Date Closed2023-08-14
JudgeJudge Christopher R. Cooper
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the FDA for records concerning reports of possible concern shared by the FDA with the CDC pursuant to section 2.5 of the VAERS Standard Operating Procedures for COVID-19. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges). ICAN filed an administrative appeal. ICAN submitted a second request for records concerning related to Proportional Reporting Ratio analyses. The agency acknowledged receipt of the request but told ICAN that it found no responsive records. ICAN filed an administrative appeal of that decision as well. After hearing nothing further as to either administrative appeal, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
DefendantFOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-131COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9788080) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 101, # 2 Exhibit 102, # 3 Exhibit 103, # 4 Exhibit 104, # 5 Civil Cover Sheet, # 6 Summons as to FDA, # 7 Summons as to USAG, # 8 Summons as to USAO)(Farnsworth, Colin) (Entered: 01/13/2023)
2023-01-132LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Farnsworth, Colin) (Entered: 01/13/2023)
2023-01-13Case Assigned to Judge Christopher R. Cooper. (zrtw) (Entered: 01/13/2023)
2023-01-133SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 01/13/2023)
2023-01-244RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 1/19/2023 (Farnsworth, Colin) (Entered: 01/24/2023)
2023-01-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/23/2023. (Farnsworth, Colin) (Entered: 01/24/2023)
2023-01-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/17/2023. Answer due for ALL FEDERAL DEFENDANTS by 2/16/2023. (Farnsworth, Colin) (Entered: 01/24/2023)
2023-01-257MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Siri, Filing fee $ 100, receipt number ADCDC-9811673. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 01/25/2023)
2023-01-258MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth A. Brehm, Filing fee $ 100, receipt number ADCDC-9811703. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 01/25/2023)
2023-01-26MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice as to attorney Aaron Siri. 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 Judge Christopher R. Cooper on 1/26/2023. (lccrc1) (Entered: 01/26/2023)
2023-01-26MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice as to attorney Elizabeth A. Brehm. 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 Judge Christopher R. Cooper on 1/26/2023. (lccrc1) (Entered: 01/26/2023)
2023-02-019NOTICE of Appearance by Aaron Siri on behalf of INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 02/01/2023)
2023-02-0110NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 02/01/2023)
2023-02-0611NOTICE of Appearance by Bradley Silverman on behalf of FOOD AND DRUG ADMINISTRATION (Silverman, Bradley) (Entered: 02/06/2023)
2023-02-1612ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Silverman, Bradley) (Entered: 02/16/2023)
2023-02-21MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by March 7, 2023. Signed by Judge Christopher R. Cooper on 2/21/2023. (lccrc1) (Entered: 02/21/2023)
2023-03-0713Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 03/07/2023)
2023-03-10MINUTE ORDER: In light of the parties' 13 Joint Status Report, the parties are directed to file a further joint status report by April 24, 2023. The Court expects that, by that time, the parties will have made significant progress toward determining the scope of a supplemental search, if any, and whether Defendant will produce any reasonably segregable materials. Signed by Judge Christopher R. Cooper on 3/10/2023. (lccrc1) (Entered: 03/10/2023)
2023-04-2414Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 04/24/2023)
2023-04-26MINUTE ORDER: In light of the parties' 14 Joint Status Report, the parties are directed to file a further joint status report by May 26, 2023. The parties shall meet and confer before that date to discuss the feasibility of including a rolling production schedule in the joint status report. Signed by Judge Christopher R. Cooper on 4/26/2023. (lccrc1) (Entered: 04/26/2023)
2023-04-2615Amended STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 04/26/2023)
2023-05-1716NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Colin M. Farnsworth terminated. (Brehm, Elizabeth) (Entered: 05/17/2023)
2023-05-2617Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 05/26/2023)
2023-05-31MINUTE ORDER: In light of the parties' 17 Joint Status Report, the parties are directed to file a further joint status report by July 10, 2023, before which the parties shall meet an confer to discuss a production schedule. Signed by Judge Christopher R. Cooper on 5/31/2023. (lccrc1) (Entered: 05/31/2023)
2023-07-1018Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 07/10/2023)
2023-07-14MINUTE ORDER: In light of the parties' 18 Joint Status Report, the parties are directed to file a further joint status report by August 10, 2023, before which the parties shall meet and confer to discuss next steps in the matter. Signed by Judge Christopher R. Cooper on 5/31/2023. Signed by Judge Christopher R. Cooper on 7/14/2023. (lccrc1) (Entered: 07/14/2023)
2023-08-1019Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 08/10/2023)
2023-08-1020STIPULATION of Dismissal by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 08/10/2023)
2023-08-11MINUTE ORDER: In light of the parties' 20 Stipulation of Dismissal with Prejudice, the case is hereby dismissed with prejudice. Signed by Judge Christopher R. Cooper on 8/11/2023. (lccrc1) (Entered: 08/11/2023)
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