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Case TitleAMA Systems, LLC et al v. U.S. Food and Drug Administration et al
DistrictDistrict of Maryland
CityGreenbelt
Case Number8:2023cv00489
Date Filed2023-02-22
Date ClosedOpen
JudgeJudge Deborah L. Boardman
PlaintiffAMA Systems, LLC
PlaintiffBluemar Promotions, LLC
Case DescriptionAMA Systems and Bluemar Promotions filed a FOIA request to the FDA for records concerning Emergency Use Authorization for PPE from various entities. The agency acknowledged receipt of the request. After considerable back and for the with resolving their request, AMA and Bluemar filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Food and Drug Administration
DefendantRobert M. Califf in his official capacity as Commissioner of Food and Drugs Food and Drug Administration
DefendantUS Attorney MD EREK L BARRON
DefendantUS Attorney General MERRICK B GARLAND
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-221COMPLAINT against U.S. Food and Drug Administration, Robert M. Califf ( Filing fee $ 402 receipt number AMDDC-10448695.), filed by Bluemar Promotions, LLC, AMA Systems, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons FDA, # 3 Summons Commissioner)(Kramer Katz, Madelaine) (Entered: 02/22/2023)
2023-02-222Local Rule 103.3 Disclosure Statement by AMA Systems, LLC (Kramer Katz, Madelaine) (Entered: 02/22/2023)
2023-02-223Local Rule 103.3 Disclosure Statement by Bluemar Promotions, LLC (Kramer Katz, Madelaine) (Entered: 02/22/2023)
2023-02-234QC NOTICE: 1 Complaint, filed by Bluemar Promotions, LLC, AMA Systems, LLC was filed incorrectly. **Not all attorneys listed as counsel have signed the document. Court staff has entered the appearance of only the attorneys who have signed the document. All other attorneys must enter their own entries of appearance. (ybs, Deputy Clerk) (Entered: 02/23/2023)
2023-02-235QC NOTICE: 1 Complaint, filed by Bluemar Promotions, LLC, AMA Systems, LLC was filed incorrectly. **The following attachments or exhibits are missing - Summons for the U.S. Attorney General and the U.S. Attorney for the District of Maryland. To correct this problem, file Summons for the U.S. Attorney General and the U.S. Attorney for the District of Maryland using the event Notice (Other) and link Summons for the U.S. Attorney General and the U.S. Attorney for the District of Maryland to 1 . (ybs, Deputy Clerk) (Entered: 02/23/2023)
2023-02-236NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Gina L. Simms. AMA Systems, LLC, Bluemar Promotions, LLC or counsel for AMA Systems, LLC, Bluemar Promotions, LLC are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded here . Pursuant to Standing Order 2019-07, which can be downloaded here , counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here . To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge . To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge . Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 3/9/2023. (ybs, Deputy Clerk) (Entered: 02/23/2023)
2023-02-237Case Management Order. Signed by Magistrate Judge Gina L Simms on 2/23/2023. (ybs, Deputy Clerk) (Entered: 02/23/2023)
2023-02-238NOTICE of Appearance by Marie Celeste Bruce on behalf of AMA Systems, LLC, Bluemar Promotions, LLC (Bruce, Marie) (Entered: 02/23/2023)
2023-02-239NOTICE by AMA Systems, LLC, Bluemar Promotions, LLC re 1 Complaint, Summons (U.S. Attorney General ) (Bruce, Marie) (Entered: 02/23/2023)
2023-02-2310NOTICE by AMA Systems, LLC, Bluemar Promotions, LLC re 1 Complaint, Summons (U.S. Attorney for the District of Maryland) (Bruce, Marie) (Entered: 02/23/2023)
2023-02-2311Summons Issued 60 days as to Robert M. Califf, U.S. Food and Drug Administration, U.S. Attorney and U.S. Attorney General(ybs, Deputy Clerk) (Entered: 02/23/2023)
2023-02-2312SUMMONS Returned Executed by Bluemar Promotions, LLC, AMA Systems, LLC. Robert M. Califf served on 2/23/2023, answer due 4/24/2023; U.S. Food and Drug Administration served on 2/23/2023, answer due 4/24/2023. (Attachments: # 1 Exhibit 1 (Confirmation of Receipt), # 2 Exhibit 2 (Email Service Procedure - FDA))(Kramer Katz, Madelaine) (Entered: 02/23/2023)
2023-03-0814SUMMONS Returned Executed by Bluemar Promotions, LLC, AMA Systems, LLC. EREK L BARRON served on 2/24/2023, answer due 4/25/2023.(Kramer Katz, Madelaine) (Entered: 03/08/2023)
2023-03-1015SUMMONS Returned Executed by Bluemar Promotions, LLC, AMA Systems, LLC. MERRICK B GARLAND served on 3/6/2023, answer due 5/5/2023. (Attachments: # 1 Exhibit 1 (Return Receipt))(Kramer Katz, Madelaine) (Entered: 03/10/2023)
2023-03-13Case Reassigned to Judge Deborah L. Boardman. Magistrate Judge Gina L Simms no longer assigned to the case. (kns, Deputy Clerk) (Entered: 03/13/2023)
2023-03-2417MOTION for Extension of Time to File Answer or Respond to Complaint by Robert M. Califf, U.S. Food and Drug Administration (Attachments: # 1 Text of Proposed Order)(Shelton, Alicia) (Entered: 03/24/2023)
2023-04-0618RESPONSE in Opposition re 17 MOTION for Extension of Time to File Answer or Respond to Complaint filed by AMA Systems, LLC, Bluemar Promotions, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kramer Katz, Madelaine) (Entered: 04/06/2023)
2023-04-1019ANSWER to 1 Complaint, by Robert M. Califf, U.S. Food and Drug Administration.(Shelton, Alicia) (Entered: 04/10/2023)
2023-04-1220MOTION for Other Relief To Establish Summary Judgment Briefing Schedule by Robert M. Califf, U.S. Food and Drug Administration (Attachments: # 1 Text of Proposed Order)(Shelton, Alicia) (Entered: 04/12/2023)
2023-04-1221PAPERLESS ORDER finding as moot 17 MOTION for Extension of Time to File Answer or Respond to Complaint . Defendants Califf and the FDA's answers were due April 24, 2023, and they filed timely a timely answer 9 . Signed by Judge Deborah L. Boardman on 4/12/2023. (lmys, Chambers) (Entered: 04/12/2023)
2023-04-2522RESPONSE in Opposition re 20 MOTION for Other Relief To Establish Summary Judgment Briefing Schedule filed by AMA Systems, LLC, Bluemar Promotions, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kramer Katz, Madelaine) (Entered: 04/25/2023)
2023-04-2723PAPERLESS ORDER scheduling a status call for May 16, 2023 at 3:30 p.m. My chambers will circulate call-in information. Signed by Judge Deborah L. Boardman on 4/27/2023. (lmys, Chambers) (Entered: 04/27/2023)
2023-05-16Telephone Conference re: status held on 5/16/2023 before Judge Deborah L. Boardman. (rc2s, Deputy Clerk) (Entered: 05/17/2023)
2023-05-1724ORDER granting 20 MOTION for Other Relief To Establish Summary Judgment Briefing Schedule. Signed by Judge Deborah L. Boardman on 5/17/2023. (ybs, Deputy Clerk) (Entered: 05/17/2023)
2023-05-2425MOTION for Summary Judgment by Robert M. Califf, U.S. Food and Drug Administration (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 (Kotler Declaration), # 3 Exhibit 2 (Davis Declaration), # 4 Text of Proposed Order)(Shelton, Alicia) (Entered: 05/24/2023)
2023-06-0726RESPONSE in Opposition re 25 MOTION for Summary Judgment filed by AMA Systems, LLC, Bluemar Promotions, LLC. (Attachments: # 1 Appendix Appendix of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Text of Proposed Order Proposed Order)(Kramer Katz, Madelaine) (Entered: 06/07/2023)
2023-06-2127RESPONSE in Support re 25 MOTION for Summary Judgment filed by EREK L BARRON, Robert M. Califf, MERRICK B GARLAND, U.S. Food and Drug Administration.(Shelton, Alicia) (Entered: 06/21/2023)
2024-01-2928LETTER ORDER directing defendants to submit the file to the Court for in camera review by February 9, 2024. Signed by Judge Deborah L. Boardman on 1/29/2024. (ybs, Deputy Clerk) (Entered: 01/29/2024)
2024-02-2129MEMORANDUM OPINION. Signed by Judge Deborah L. Boardman on 2/21/2024. (ybs, Deputy Clerk) (Entered: 02/21/2024)
2024-02-2130ORDER granting in part and denying in part 25 Motion for Summary Judgment; denying 26 plaintiffs request for discovery. Signed by Judge Deborah L. Boardman on 2/21/2024. (ybs, Deputy Clerk) (Entered: 02/21/2024)
2024-03-0831NOTICE by U.S. Food and Drug Administration re 30 Order on Motion for Summary Judgment Davis Declaration (Shelton, Alicia) (Entered: 03/08/2024)
2024-03-1132PAPERLESS ORDER scheduling an on-the-record call regarding 31 for Thursday, April 18 at 10:00am. My chambers will circulate call-in information. Signed by Judge Deborah L. Boardman on 3/11/2024. (mm10s, Chambers) (Entered: 03/11/2024)
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by FOIA Project Staff
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