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Case TitleCHILDREN'S HEALTH DEFENSE v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00220
Date Filed2023-01-26
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffCHILDREN'S HEALTH DEFENSE
Case DescriptionChildren's Health Defense submitted to FOIA requests to the FDA for records concerning safety monitoring conducted by the FDA pursuant to the VAERS SOP. CHD also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CHD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, 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
Complaint attachment 5
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-261COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9814037) filed by Children's Health Defense. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons as to FDA, # 4 Summons as to Attorney General, # 5 Summons as to U.S. Attorney's Office)(Flores, Ray) (Entered: 01/26/2023)
2023-01-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Children's Health Defense (Flores, Ray) (Entered: 01/26/2023)
2023-01-26Case Assigned to Judge Randolph D. Moss. (zsl) (Entered: 01/26/2023)
2023-01-263SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 01/26/2023)
2023-01-264STANDING 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 1/26/2023. (lcrdm1) (Entered: 01/26/2023)
2023-01-315RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/31/2023. (Flores, Ray) (Entered: 01/31/2023)
2023-01-316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/31/2023. Answer due for ALL FEDERAL DEFENDANTS by 3/2/2023. (Flores, Ray) (Entered: 01/31/2023)
2023-01-317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 1/30/2023 (Flores, Ray) (Entered: 01/31/2023)
2023-02-218NOTICE OF RELATED CASE by CHILDREN'S HEALTH DEFENSE. Case related to Case No. 1:23-cv-00219-RBW. (Flores, Ray) (Entered: 02/21/2023)
2023-02-219NOTICE of Appearance by Kenneth A. Adebonojo on behalf of FOOD AND DRUG ADMINISTRATION (Adebonojo, Kenneth) (Entered: 02/21/2023)
2023-03-0210Consent MOTION for Extension of Time to Respond by FOOD AND DRUG ADMINISTRATION. (Adebonojo, Kenneth) (Entered: 03/02/2023)
2023-03-03MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 10 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall respond to the complaint on or before April 4, 2023. Signed by Judge Randolph D. Moss on 3/3/2023. (lcrdm1) (Entered: 03/03/2023)
2023-04-0411ANSWER to Complaint by UNITED STATES FOOD AND DRUG ADMINISTRATION.(Adebonojo, Kenneth) (Entered: 04/04/2023)
2023-04-05MINUTE ORDER: It is ORDERED that, on or before May 12, 2023, 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 to be held via Zoom on May 19, 2023, at 3:30 p.m. Signed by Judge Randolph D. Moss on 4/5/2023. (lcrdm1) (Entered: 04/05/2023)
2023-04-2112NOTICE of Appearance by Risa Evans on behalf of CHILDREN'S HEALTH DEFENSE (Evans, Risa) (Entered: 04/21/2023)
2023-05-1213Joint STATUS REPORT by CHILDREN'S HEALTH DEFENSE. (Attachments: # 1 Text of Proposed Order)(Flores, Ray) (Entered: 05/12/2023)
2023-05-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 27, 2023. It is further ORDERED that the scheduling conference currently scheduled for May 19, 2023, is VACATED and RESCHEDULED for July 7, 2023, at 10:30 a.m., via Zoom. Signed by Judge Randolph D. Moss on 5/14/2023. (lcrdm1) (Entered: 05/14/2023)
2023-05-14Set/Reset Hearings: Scheduling Conference reset for 5/19/2023 at 10:30 AM in before Judge Randolph D. Moss via Zoom. (zglw) (Entered: 05/15/2023)
2023-05-15Set/Reset Hearings: Scheduling Conference reset for 7/7/2023 at 10:30 AM before Judge Randolph D. Moss via Zoom. (zglw) (Entered: 05/15/2023)
2023-06-2714Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Adebonojo, Kenneth) (Entered: 06/27/2023)
2023-07-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 11, 2023. It is further ORDERED that the Initial Scheduling Conference currently scheduled for July 7, 2023, is VACATED. Signed by Judge Randolph D. Moss on 7/3/2023. (lcrdm1) (Entered: 07/03/2023)
2023-08-1115Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Adebonojo, Kenneth) (Entered: 08/11/2023)
2023-08-11MINUTE ORDER: Upon consideration of the parties' joint status report, [Dkt. 15], it is hereby ORDERED that the parties shall appear for a Status Conference to be held on August 25, 2023, at 11:30 a.m. via Zoom. Signed by Judge Randolph D. Moss on 8/11/2023. (lcrdm1) (Entered: 08/11/2023)
2023-08-25Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 8/25/2023 via Zoom. For the reason stated on the record, the defendant shall file a Motion to Stay on or before 9/11/2023. Plaintiff's response is due on or before 9/25/2023 and Defendant's reply is due on or before 10/9/2023. (Court Reporter Tammy Sefranek) (zglw) (Entered: 08/28/2023)
2023-09-0816Consent MOTION for Extension of Time to File Defendant's Motion to Stay by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Adebonojo, Kenneth) (Entered: 09/08/2023)
2023-09-09MINUTE ORDER: Upon consideration of the Defendant's consent motion for an extension of time, Dkt. 16 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its motion to stay on or before September 20, 2023, Plaintiff shall file its response on or before October 4, 2023, and Defendant shall file its reply on or before October 18, 2023. Signed by Judge Randolph D. Moss on 9/9/2023. (lcrdm1) (Entered: 09/09/2023)
2023-09-1417MOTION to Stay by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit 1)(Adebonojo, Kenneth) (Entered: 09/14/2023)
2023-09-2918Joint MOTION to Modify Briefing Schedule by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Adebonojo, Kenneth) (Entered: 09/29/2023)
2023-10-02MINUTE ORDER: Upon consideration of the parties' motion to modify briefing schedule, Dkt. 18 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff file a response to Defendant's motion to stay, Dkt. 17 , on or before October 11, 2023. Defendant's reply, if any, must be filed on or before November 7, 2023. Signed by Judge Randolph D. Moss on 10/2/2023. (lcrdm1) (Entered: 10/02/2023)
2023-10-1119Memorandum in opposition to re 17 Motion to Stay filed by CHILDREN'S HEALTH DEFENSE. (Attachments: # 1 Decl. Karl Jablonowski)(Flores, Ray) (Entered: 10/11/2023)
2023-11-0720REPLY to opposition to motion re 17 MOTION to Stay filed by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Exhibit, # 2 Exhibit)(Adebonojo, Kenneth) (Entered: 11/07/2023)
2023-11-0921MOTION for Leave to File by CHILDREN'S HEALTH DEFENSE. (Attachments: # 1 Text of Proposed Order)(Evans, Risa) (Entered: 11/09/2023)
2023-11-21MINUTE ORDER: Upon consideration of Plaintiff;s consent motion for leave to file a sur-reply, Dkt. 21 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff shall file its sur-reply on or before November 28, 2023. Signed by Judge Randolph D. Moss on 11/21/2023. (lcrmd1) (Entered: 11/21/2023)
2023-11-2422SURREPLY to re 17 MOTION to Stay filed by CHILDREN'S HEALTH DEFENSE. (Evans, Risa) (Entered: 11/24/2023)
2023-11-2823NOTICE of Supplemental Authority by UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 11/28/2023)
2023-12-1924NOTICE of Filing of Supplemental Authority by UNITED STATES FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Exhibit)(Adebonojo, Kenneth) (Entered: 12/19/2023)
2024-01-1225MEMORANDUM OPINION AND ORDER: It is hereby ORDERED that the FDAs motion for a stay, Dkt. 17 , is GRANTED. It is further ORDERED that the case is STAYED for six months. The parties are ORDERED to file a joint status report on or before June 14, 2024, notifying the Court whether a further stay is appropriate. Signed by Judge Randolph D. Moss on 1/12/2024. (lcrdm1) (Entered: 01/12/2024)
2024-02-0326NOTICE of Clarification by UNITED STATES FOOD AND DRUG ADMINISTRATION (Adebonojo, Kenneth) (Entered: 02/03/2024)
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