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Case TitleThe New York Times Company et al v. United States Food & Drug Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv00976
Date Filed2023-02-06
Date Closed2023-11-15
JudgeJudge Mary Kay Vyskocil
PlaintiffThe New York Times Company
PlaintiffChris Hamby
Case DescriptionNew York Times reporter Chris Hamby submitted two FOIA requests to the FDA for records concerning the agency's database for Class II and Class III medical devices. The Times also requested expedited processing. The agency acknowledged receipt of the requests. The agency denied the Times' request for expedited processing. After hearing nothing further from the agency, the Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantUnited States Food & Drug Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-061COMPLAINT against United States Food & Drug Administration. (Filing Fee $ 402.00, Receipt Number ANYSDC-27302596)Document filed by The New York Times Company, Chris Hamby..(McCraw, David) (Entered: 02/06/2023)
2023-02-062CIVIL COVER SHEET filed..(McCraw, David) (Entered: 02/06/2023)
2023-02-063REQUEST FOR ISSUANCE OF SUMMONS as to United States Food & Drug Administration, re: 1 Complaint. Document filed by Chris Hamby, The New York Times Company..(McCraw, David) (Entered: 02/06/2023)
2023-02-064RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 02/06/2023)
2023-02-07CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(vf) (Entered: 02/07/2023)
2023-02-07Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (vf) (Entered: 02/07/2023)
2023-02-07Case Designated ECF. (vf) (Entered: 02/07/2023)
2023-02-075ELECTRONIC SUMMONS ISSUED as to United States Food & Drug Administration. (vf) (Entered: 02/07/2023)
2023-03-156NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of United States Food & Drug Administration..(Brennan, Mary) (Entered: 03/15/2023)
2023-03-157ANSWER to 1 Complaint. Document filed by United States Food & Drug Administration..(Brennan, Mary) (Entered: 03/15/2023)
2023-03-168NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held via Microsoft Teams. To join the conference, dial (646) 453-4442 and use Conference ID: 937 039 558#. As further set forth by this Order. SO ORDERED. Initial Conference set for 4/21/2023 at 12:00 PM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 3/16/2023) (tg) (Entered: 03/16/2023)
2023-04-179LETTER addressed to Judge Mary Kay Vyskocil from David E. McCraw dated April 14, 2023 re: Joint letter on initial conference. Document filed by Chris Hamby, The New York Times Company..(McCraw, David) (Entered: 04/17/2023)
2023-04-1910MEMO ENDORSEMENT on re: 9 Letter filed by The New York Times Company, Chris Hamby. ENDORSEMENT The parties' requests to be excused from submitting a proposed Case Management Plan at this time and from attending the Initial Pretrial Conference that was previously scheduled to take place on April 21, 2023 are GRANTED. The IPTC is adjourned sine die. The parties shall file a joint status letter on May 26, 2023. (Signed by Judge Mary Kay Vyskocil on 4/19/2023) (jca) (Entered: 04/19/2023)
2023-05-2611STATUS REPORT. Document filed by United States Food & Drug Administration..(Brennan, Mary) (Entered: 05/26/2023)
2023-06-2612STATUS REPORT. Document filed by United States Food & Drug Administration..(Brennan, Mary) (Entered: 06/26/2023)
2023-07-2513MEMO ENDORSEMENT on re: 12 Status Report filed by United States Food & Drug Administration. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/25/23) (yv) (Entered: 07/26/2023)
2023-08-1014STATUS REPORT. Document filed by United States Food & Drug Administration..(Brennan, Mary) (Entered: 08/10/2023)
2023-08-1115MEMO ENDORSEMENT on re: 14 Status Report filed by United States Food & Drug Administration. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/11/2023) (tg) (Entered: 08/11/2023)
2023-10-1316STATUS REPORT. Document filed by United States Food & Drug Administration..(Brennan, Mary) (Entered: 10/13/2023)
2023-11-1517STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Food & Drug Administration and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New York Times Company, Chris Hamby. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(McCraw, David) (Entered: 11/15/2023)
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