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Case TitleJUDGE ROTENBERG EDUCATIONAL CENTER, INC. v. U.S. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00080
Date Filed2024-01-09
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffJUDGE ROTENBERG EDUCATIONAL CENTER, INC.
Case DescriptionThe Judge Rotenberg Educational Center submitted a FOIA request to the FDA for records concerning the agency's continued attempts to ban JRC's use of a specific electrical stimulation device. Based on prior FOIA litigation, JRC continued to believe that the FDA was targeting its use of the ESD. The agency acknowledged receipt of the request and after hearing nothing further from the agency, JRC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. FOOD AND DRUG ADMINISTRATION
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
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
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-091COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 405 receipt number ADCDC-10606907) filed by THE JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(Longosz, Edward) (Entered: 01/09/2024)
2024-01-092NOTICE OF RELATED CASE by THE JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. Case related to Case No. 17-cv-2092; 22-cv-3583. (Longosz, Edward) (Entered: 01/09/2024)
2024-01-093LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Longosz, Edward) (Entered: 01/09/2024)
2024-01-094REQUEST FOR SUMMONS TO ISSUE filed by THE JUDGE ROTENBERG EDUCATIONAL CENTER, INC..(Longosz, Edward) (Entered: 01/09/2024)
2024-01-10Case Assigned to Judge Beryl A. Howell. (zcb) (Entered: 01/10/2024)
2024-01-105SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 01/10/2024)
2024-01-106STANDING ORDER. Signed by Judge Beryl A. Howell on January 10, 2024. (lcbah1) (Entered: 01/10/2024)
2024-02-127ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION.(Bardo, John) (Entered: 02/12/2024)
2024-02-128RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FOOD AND DRUG ADMINISTRATION served on 1/12/2024 (Attachments: # 1 Exhibit 1)(Longosz, Edward) (Entered: 02/12/2024)
2024-02-129RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 1/22/2024 (Attachments: # 1 Exhibit 1)(Longosz, Edward) (Entered: 02/12/2024)
2024-02-1210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/12/2024. Answer due for ALL FEDERAL DEFENDANTS by 2/11/2024. (Attachments: # 1 Exhibit 1)(Longosz, Edward) (Entered: 02/12/2024)
2024-02-1211RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/22/2024. (Attachments: # 1 Exhibit 1)(Longosz, Edward) (Entered: 02/12/2024)
2024-02-2212MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael P. Flammia, Filing fee $ 100, receipt number ADCDC-10707195. Fee Status: Fee Paid. by JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Longosz, Edward) (Entered: 02/22/2024)
2024-02-2213MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew D. Rodgers, Filing fee $ 100, receipt number ADCDC-10707219. Fee Status: Fee Paid. by JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Longosz, Edward) (Entered: 02/22/2024)
2024-02-23MINUTE ORDER (paperless) GRANTING plaintiff's 12 Motion for Leave to Appear Pro Hac Vice. Michael P. Flammia may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Beryl A. Howell on February 23, 2024. (lcbah1) (Entered: 02/23/2024)
2024-02-23MINUTE ORDER (paperless) GRANTING plaintiff's 13 Motion for Leave to Appear Pro Hac Vice. Matthew D. Rodgers may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Beryl A. Howell on February 23, 2024. (lcbah1) (Entered: 02/23/2024)
2024-02-2614NOTICE of Appearance by Michael P. Flammia on behalf of JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Flammia, Michael) (Entered: 02/26/2024)
2024-02-2615NOTICE of Appearance by Matthew D. Rodgers on behalf of JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Rodgers, Matthew) (Entered: 02/26/2024)
2024-02-2616Joint STATUS REPORT by JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Longosz, Edward) (Entered: 02/26/2024)
2024-03-04MINUTE ORDER (paperless), upon consideration of the parties' 16 Joint Status Report, DIRECTING defendants, by March 15, 2024, to clarify (1) their intent not to process and produce records in response to the two FOIA requests to HHS and FDA at issue in this matter until 2028, after FDA "has completed review and production" of records responsive to plaintiff's previous FOIA request to FDA that is the subject of litigation in Civil Case No. 22-3583 ("Previous FDA Request"), see JSR ¶ 13; Joint Status Rep. at 4, Judge Rotenberg Educ. Ctr., Inc. v. FDA , No. 22-cv-3583, ECF No. 23 (D.D.C. Jan. 18, 2024), even though defendants concede that "communication between the Massachusetts Attorney General's Office and the Massachusetts Department of Developmental Services," JSR ¶ 12, while at issue in this litigation, is not covered by the Previous FDA Request; and (2) defendants' proposed schedule for processing and producing records responsive to plaintiff's FOIA request to HHS at issue in this litigation, see JSR ¶¶ 12-13 (referencing defendants' position only on the processing schedule for plaintiff's FOIA Request to FDA); and DIRECTING plaintiff, by March 15, 2024, to summarize its efforts, if any, to confer with HHS and FDA to refine the FOIA requests at issue in this litigation to avoid duplication with the Previous FDA Request and otherwise reduce the burden on the FDA and HHS so that responsive records may be processed and even produced prior to 2028. Signed by Judge Beryl A. Howell on March 4, 2024. (lcbah4) (Entered: 03/04/2024)
2024-03-05Set/Reset Deadlines: Defendants To Clarify Intent Not To Process And Produce Records In Response To The Two FOIA Requests To HHS And FDA At Issue In This Matter Until 2028 And Plaintiff To Summarize Its Efforts due by 3/15/2024. (mac) (Entered: 03/05/2024)
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by FOIA Project Staff
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