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Case TitleINFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00451
Date Filed2023-02-17
Date Closed2023-11-01
JudgeChief Judge James E. Boasberg
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted two FOIA requests to the FDA for records concerning the dose determination for the Pfizer COVID-19 vaccine. The agency acknowledged receipt of the request and asked ICAN to clarify the scope of its request, which it did. After hearing nothing further from the agency, 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

2023-02-171COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9871039) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons to FDA, # 3 Summons Summons to Attorney General, # 4 Summons Summons to U.S. Attorney, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4)(Farnsworth, Colin) (Entered: 02/17/2023)
2023-02-172MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Siri, Filing fee $ 100, receipt number ADCDC-9871075. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 02/17/2023)
2023-02-173MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth A. Brehm, Filing fee $ 100, receipt number ADCDC-9871076. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 02/17/2023)
2023-02-174LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Farnsworth, Colin) (Entered: 02/17/2023)
2023-02-21Case Assigned to Judge James E. Boasberg. (zcb) (Entered: 02/21/2023)
2023-02-215SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 02/21/2023)
2023-02-21MINUTE ORDER: The Court ORDERS that Plaintiff's 2 Motion for Leave to Appear Pro Hac Vice and 3 Motion for Leave to Appear Pro Hac Vice are DENIED. Given counsel's recent number of pro hac vice admissions, they should seek membership in this Court's bar. So ORDERED by Judge James E. Boasberg on 2/21/2023. (lcjeb3) (Entered: 02/21/2023)
2023-03-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 2/27/2023 (Farnsworth, Colin) (Entered: 03/07/2023)
2023-03-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/27/2023. (Farnsworth, Colin) (Entered: 03/07/2023)
2023-03-078RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/22/2023. Answer due for ALL FEDERAL DEFENDANTS by 3/24/2023. (Farnsworth, Colin) (Entered: 03/07/2023)
2023-03-239NOTICE of Appearance by Brenda A. Gonzalez Horowitz on behalf of UNITED STATES FOOD AND DRUG ADMINISTRATION (Gonzalez Horowitz, Brenda) (Entered: 03/23/2023)
2023-03-2410ANSWER to Complaint by UNITED STATES FOOD AND DRUG ADMINISTRATION.(Gonzalez Horowitz, Brenda) (Entered: 03/24/2023)
2023-03-27MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by April 10, 2023. So ORDERED by Chief Judge James E. Boasberg on 3/27/2023. (lcjeb3) (Entered: 03/27/2023)
2023-03-27Set/Reset Deadlines: Joint Status Report due by 4/10/2023. (nbn) (Entered: 03/27/2023)
2023-04-0411NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 04/04/2023)
2023-04-0412NOTICE of Appearance by Aaron Siri on behalf of INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 04/04/2023)
2023-04-1013Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 04/10/2023)
2023-04-11MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further joint status report by May 19, 2023. So ORDERED by Chief Judge James E. Boasberg on 4/11/2023. (lcjeb3) (Entered: 04/11/2023)
2023-04-11Set/Reset Deadlines: Joint Status Report due by 5/19/2023 (lsj) (Entered: 04/11/2023)
2023-05-1714NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Colin M. Farnsworth terminated. (Brehm, Elizabeth) (Entered: 05/17/2023)
2023-05-1915Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 05/19/2023)
2023-05-19MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further joint status report by August 1, 2023. So ORDERED by Chief Judge James E. Boasberg on 5/19/2023. (lcjeb3) (Entered: 05/19/2023)
2023-05-22Set/Reset Deadlines: Joint Status Report due by 8/1/2023. (nbn) (Entered: 05/22/2023)
2023-08-0116Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 08/01/2023)
2023-08-01MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by November 1, 2023. So ORDERED by Chief Judge James E. Boasberg on 8/1/2023. (lcjeb2) (Entered: 08/01/2023)
2023-10-3117Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 10/31/2023)
2023-10-3118STIPULATION of Dismissal by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 10/31/2023)
2023-11-01MINUTE ORDER: Per the parties' 18 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Chief Judge James E. Boasberg on 11/1/2023. (lcjeb3) (Entered: 11/01/2023)
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