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Case TitleInformed Consent Action Network v. Food and Drug Administration
DistrictWestern District of Texas
CityAustin
Case Number1:2023cv01088
Date Filed2023-09-11
Date ClosedOpen
JudgeJudge Docket II - Austin
PlaintiffInformed Consent Action Network
Case DescriptionInformed Consent Action Network submitted a FOIA request to the FDA for records concerning complaints filed about the testing of the COVID-19 vaccine. ICAN also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency acknowledged receipt of the request and denied ICAN's request for expedited processing ICAN then filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFood and Drug Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-111COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17869405), filed by Informed Consent Action Network. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Siri, Aaron) (Entered: 09/11/2023)
2023-09-112REQUEST FOR ISSUANCE OF SUMMONS by Informed Consent Action Network. (Siri, Aaron) (Entered: 09/11/2023)
2023-09-113RULE 7 DISCLOSURE STATEMENT filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 09/11/2023)
2023-09-114MOTION to Appear Pro Hac Vice by Aaron Siri for Elizabeth A. Brehm ( Filing fee $ 100 receipt number ATXWDC-17869436) by on behalf of Informed Consent Action Network. (Siri, Aaron) (Entered: 09/11/2023)
2023-09-115MOTION to Appear Pro Hac Vice by Aaron Siri for R. Scott Pietrowski ( Filing fee $ 100 receipt number ATXWDC-17869437) by on behalf of Informed Consent Action Network. (Siri, Aaron) (Entered: 09/11/2023)
2023-09-11Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5) (Entered: 09/14/2023)
2023-09-11If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (cr5) (Entered: 09/14/2023)
2023-09-146REQUEST FOR ISSUANCE OF SUMMONS by Informed Consent Action Network. CORRECTED (Siri, Aaron) (Entered: 09/14/2023)
2023-09-157Summons Issued as to Food and Drug Administration. (pg) (Entered: 09/15/2023)
2023-09-228ORDER GRANTING 5 Motion to Appear Pro Hac Vice for Attorney R. Scott Pietrowski for Informed Consent Action Network. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (pg) (Entered: 09/22/2023)
2023-09-229ORDER GRANTING 4 Motion to Appear Pro Hac Vice for Attorney Elizabeth A. Brehm for Informed Consent Action Network. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (pg) (Entered: 09/22/2023)
2023-09-2610SUMMONS Returned Executed by Informed Consent Action Network. Food and Drug Administration served on 9/21/2023, answer due 10/12/2023. (Brehm, Elizabeth) (Entered: 09/26/2023)
2023-10-2011ANSWER to 1 Complaint . Attorney Landon Allen Wade added to party Food and Drug Administration(pty:dft) by Food and Drug Administration.(Wade, Landon) (Entered: 10/20/2023)
2023-12-1912STATUS REPORT Joint by Food and Drug Administration. (Attachments: # 1 Proposed Order)(Wade, Landon) (Entered: 12/19/2023)
2023-12-2013STATUS REPORT ORDER. Signed by Judge Robert Pitman. (pg) (Entered: 12/20/2023)
2024-01-1814STATUS REPORT Joint by Food and Drug Administration. (Attachments: # 1 Proposed Order Order on JSR)(Wade, Landon) (Entered: 01/18/2024)
2024-01-1915ORDER, IT IS ORDERED that the parties shall file another joint status report in 30 days advising the Court on whether they have reached an agreement. The joint status report will propose a schedule for the processing of responsive records or for the briefing of Defendants motion to stay these proceedings. Signed by Judge Robert Pitman. (pg) (Entered: 01/22/2024)
2024-02-2016STATUS REPORT Joint by Food and Drug Administration. (Attachments: # 1 Proposed Order Agreed Scheduling Order)(Wade, Landon) (Entered: 02/20/2024)
2024-02-2117SCHEDULING ORDER. IT IS ORDERED that the parties file a joint status report with the Court that includes updates on FDA's progress every 60 days. IT IS FURTHER ORDERED that the parties shall jointly propose dates for dispositive motions, to the extent motion practice is necessary to resolve the case, once FDA's response to ICANs FOIA request is complete. Signed by Judge Robert Pitman. (pg) (Entered: 02/21/2024)
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