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Case TitleSMITH v. FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictEastern District of Pennsylvania
CityPhiladelphia
Case Number2:2012cv05141
Date Filed2012-09-10
Date Closed2014-08-28
JudgeHONORABLE MARY A. MCLAUGHLIN
PlaintiffA. LUKE SMITH
DefendantFOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
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Date FiledDoc #Docket Text

2012-09-101COMPLAINT against FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 350 receipt number 069105.), filed by A. LUKE SMITH. (Attachments: # 1 Civil Cover Sheet)(mima, ) (Entered: 09/10/2012)
2012-09-10Summons Issued as to FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. One Forwarded To: AUSA, Two Forwarded To: Counsel on September 10, 2012 (mima, ) (Entered: 09/10/2012)
2012-09-102Disclosure Statement Form pursuant to FRCP 7.1 by A. LUKE SMITH.(mima, ) (Entered: 09/10/2012)
2012-09-113Acceptance of Service by U.S. Attorney Re: accepted summons and complaint for FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES on 9/11/2012, answer due 11/13/2012. (rf, ) (Entered: 09/11/2012)
2012-10-054AFFIDAVIT OF SERVICE as to U.S. Food and Drug Administration, U.S. Attorney General, U.S. Attorney's Office. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(SMITH, A.) Modified on 1/10/2013 (md). (Entered: 10/05/2012)
2012-10-095MOTION for Extension of Time to File /to Respond to Complaint (Unopposed) filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.Memorandum, Certificate of Counsel, Certificate of Service.(SMITH, STACEY) (Entered: 10/09/2012)
2012-10-106ORDER THAT DEFENDANT UNOPPOSED MOTION OF DEFENDANT FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT IS GRANTED. DEFENDANT SHALL HAVE UNTIL 11/13/12 TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 10/9/12. 10/10/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 10/10/2012)
2012-11-137Defendant's ANSWER to 1 Complaint with Affirmative Defenses, Certificate of Service by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(SMITH, STACEY) (Entered: 11/13/2012)
2012-11-158NOTICE of Hearing:RULE 16 TELEPHONE STATUS CONFERENCE SET FOR 1/15/2013 04:30 PM BEFORE THE HONORABLE MARY A. MCLAUGHLIN. PLAINTIFF'S COUNSEL SHALL INITIATE THE CALL.(cps, ) (Entered: 11/15/2012)
2013-01-099ORDER THAT THE MOTION FOR EXTENSION OF TIME TO REPSOND TO THE COMPLAINT AND TO CONSOLIDATE IS GRANTED.THIS CIVIL ACTION SHALL BE CONSOLIDATED FOR ALL PURPOSES WITH CIVIL ACTION 12/5141. THE DEFENDANT SHALL HAVE UNTIL 2/11/2013 TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 1/9/2013 1/10/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 01/10/2013)
2013-01-1610ORDER THAT THE DEFENDANT SHALL FILE ANY MOTIONS TO STAY THE ABOVE-CAPTIONED CASE ON OR BEFORE 2/11/13, ETC. IT IS FURTHER ORDERED THAT DISCOVERY SHALL NOT PROCEED IN THIS MATTER UNTIL FURTHER INSTRUCTION FROM THE COURT. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 1/16/13. 1/16/13 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 01/16/2013)
2013-01-1611Minute Entry for TELEPHONE STATUS CONFERNCE held before HONORABLE MARY A. MCLAUGHLIN on 1/15/2013. (aeg, ) (Entered: 01/17/2013)
2013-02-1112MOTION to Stay Pursuant to 5 U.S.C. § 552(a)(6)(C) filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.Memorandum, Declarations, Certificate of Service. (Attachments: # 1 Exhibit A-I)(SMITH, STACEY) (Entered: 02/11/2013)
2013-02-1213Joint MOTION for Extension of Time to File Response/Reply to the Motion of Defendant for a Stay filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.Memorandum of Law, Certfication Pursuant to Local Rule of Civil Procedure 7.1(b), Certificate of Service.(SMITH, STACEY) (Entered: 02/12/2013)
2013-02-1314ORDER THAT THE JOINT MOTION FOR EXTENSION OF TIME IS GRANTED AND PLAINTIFF HAS UNTIL 2/28/2013 TO FILE A RESPONSE TO THE MOTION OF DEFENDANT FOR A STAY. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 2/12/2013. 2/13/2013 ENTERED AND COPIES E-MAILED.(stwe, ) (Entered: 02/13/2013)
2013-02-1315Praecipe to Substitute Motion by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (SMITH, STACEY) (Entered: 02/13/2013)
2013-02-2816RESPONSE in Opposition re 12 MOTION to Stay Pursuant to 5 U.S.C. § 552(a)(6)(C) Or, In The Alternative, For Limited Discovery filed by A. LUKE SMITH. Certificate of Service. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Text of Proposed Order)(SMITH, A.) Modified on 3/1/2013 (ahf, ). (Entered: 02/28/2013)
2013-03-0717MOTION for Extension of Time to File Response/Reply (Unopposed) filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.Memorandum, Certificate of Counsel, Certificate of Service.(SMITH, STACEY) (Entered: 03/07/2013)
2013-03-0818ORDER THAT DEFENDANTS MOTION IS GRANTED. DEFENDANT HAS UNTIL 3/18/13 TO FILE REPLY BRIEF IN SUPPORT OF ITS MOTION FOR A STAY.SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/8/13. 3/8/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 03/08/2013)
2013-03-1819REPLY Brief in Support re 12 MOTION to Stay Pursuant to 5 U.S.C. § 552(a)(6)(C) filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. Certificate of Service. (SMITH, STACEY) Modified on 3/19/2013 (lisad, ). (Entered: 03/18/2013)
2013-03-2520MOTION for Leave to File Surreply in Further Opposition to Defendant's Motion for a Stay filed by A. LUKE SMITH.Certificate of Service. (Attachments: # 1 Exhibit Exhibit A- Surreply, # 2 Text of Proposed Order Proposed Order)(SMITH, A.) (Entered: 03/25/2013)
2013-03-2521ORDER THAT PLAINTIFFS MOTION FOR LEAVE TO FILE A SURREPLY IS GRANTED AND PLAINTIFFS SURREPLY BRIEF (ATTACHED AS EXHIBIT A TO PLAINTIFFS MOTION FOR LEAVE) IS DEEMED FILED AS OF THIS DATE.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/25/13. 3/26/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 03/26/2013)
2013-03-2522PLAINTIFFS SURREPLY IN FURTHER OPPOSITION TO DEFENDANTS MOTION FOR A STAY, CERTIFICATE OF SERVICE by A. LUKE SMITH. (rf, ) (Entered: 03/26/2013)
2013-07-1023ORDER THAT A MOTION HEARING SET FOR 7/31/2013 09:30 AM AS OUTLINED HEREIN. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 7/10/13. 7/11/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/11/2013)
2013-08-0124ORDER THAT DEFENDANT'S MOTION FOR A STAY IS GRANTED. IT IS FURTHER ORDERED THSAT THIS CASE IS STAYED UNTIL 2/28/14 AT WHICH TIME THE DEFENDANT SHALL INFORM THE COURT OF THE STATUS OF PLAINTIFF'S FOIA REQUESTS. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 8/1/13. 8/1/13 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 08/01/2013)
2013-08-0725Minute Entry for proceedings held before HONORABLE MARY A. MCLAUGHLIN: Oral Argument held on 7/31/13. Court Reporter: K. HAGGERTY. (rf, ) (Entered: 08/07/2013)
2013-08-0726TRANSCRIPT of Hearing held on 7/31/13, before Judge MCLAUGHLIN. Court Reporter/Transcriber K. HAGGERTY. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/28/2013. Redacted Transcript Deadline set for 9/9/2013. Release of Transcript Restriction set for 11/5/2013. (rf, ) (Entered: 08/08/2013)
2013-08-0727Notice of Filing of Official Transcript with Certificate of Service re 26 Transcript - PDF, 8/7/13 Entered and Copies Emailed and Mailed.. (rf, ) (Entered: 08/08/2013)
2013-09-1128ORDER THAT CASE ARE PLACED IN SUSPENSE UNTIL 2/28/14 AT WHICH TIME THE DEFENDANT SHALL INFORM THE COURT OF THE STATUS OF PLAINTIFFS FOIA REQUESTS. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 9/11/13. 9/11/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/11/2013)
2014-02-2829MOTION to Continue Stay Pursuant to 5 U.S.C. Section 552(a)(6)(C) filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.Memorandum, Declaration, Certificate of Service.(SMITH, STACEY) Modified on 2/28/2014 (afm, ). (FILED IN ERROR, ATTORNEY REFILING CORRECTED DOCUMENT) (Entered: 02/28/2014)
2014-02-2830MOTION to Continue Stay Pursuant to 5 U.S.C. Section 552(a)(6)(C) filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.Memorandum, CORRECT Declaration, Certificate of Service.(SMITH, STACEY) (Entered: 02/28/2014)
2014-03-1231RESPONSE to Motion re 30 MOTION to Continue Stay Pursuant to 5 U.S.C. Section 552(a)(6)(C) filed by A. LUKE SMITH. (Attachments: # 1 Exhibit 1)(SMITH, A.) (Entered: 03/12/2014)
2014-03-1332ORDER THAT DEFENDANTS MOTION TO CONTINUE STAY (DOC. 30) IS GRANTED AND THIS CONSOLIDATED ACTION IS STAYED UNTIL 8/11/14. ONLY IN EXCEPTIONAL CIRCUMSTANCES AND FOR GOOD CAUSE SHOWN WILL THE COURT GRANT ANY MOTION TO CONTINUE THE STAY OF THIS ACTION BEYOND 8/11/14. BY 9/11/14 PARTIES SHALL SUBMIT EITHER A JOINT PROPOSED BRIEFING SCHEDULE FOR THE FILING OF DISPOSITIVE MOTIONS, OR SHALL MOVE FOR DISMISSAL OF THIS ACTION.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/13/14. 3/13/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 03/13/2014)
2014-08-2833STIPULATION of Dismissal by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (BECKER, SUSAN) (Entered: 08/28/2014)
2014-09-0234STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 9/2/14. 9/2/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/02/2014)
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