Case Detail

FOIA Project Annotation: Following close on the heels of the Davis ruling, Judge Richard Leon has become the third judge in the D.C. Circuit to rule that the attorney's fees provision in the Open Government Act amendments do not apply retroactively. Ruling in a case brought by Judicial Watch against the FDA, Leon, like Kennedy in the Davis case, agreed with the government's claim that "because the United States' sovereign immunity is implicated, a stricter standard must be applied." Leon indicated that the D.C. Circuit concluded in the Brown decision that "when sovereign immunity is implicated, as it is here, 'the rule of strict construction displaces the Bradley analysis.'" Leon pointed out that "as plaintiff concedes, Congress has provided no clear indication that § 4(a) of the OGA should operate retroactively. Accordingly, because the Court must construe waivers of sovereign immunity strictly, the Court holds that § 4(a) of the OGA, as codified at 5 U.S.C. § 552(a)(4)(E), does not apply to authorize an award of fees and expenses for plaintiff in this case." Curiously, Leon noted earlier in his ruling that "Plaintiff concedes that it is not eligible for fees and expenses based on the law as it existed before the OGA's enactment." But the D.C. Circuit partially reversed Leon's original ruling on the merits, holding that the FDA had not produced a sufficiently detailed Vaughn index; after a more detailed Vaughn was produced, a number of records previously withheld were disclosed. Several recent D.C. Circuit decisions have concluded that plaintiffs with no more substantial relief were entitled to attorney's fees under the old standard.
Issues: Litigation - Attorney's fees - Eligibility

Date Filed	Doc #	Docket Text
2000-12-12	1	COMPLAINT filed by plaintiff JUDICIAL WATCH, INC. (kmk) (Entered: 12/14/2000)
2000-12-12	2	LCvR 26.1 Certificate of disclosure of corporate affiliations and financial interests by plaintiff JUDICIAL WATCH, INC. (kmk) (Entered: 12/14/2000)
2000-12-12		SUMMONS (3) issued for federal defendant FDA (kmk) (Entered: 12/14/2000)
2001-01-17	3	MOTION filed by federal defendant FDA to stay of proceedings pending completion of search and production of documents ; exhibits (5) (jf) (Entered: 01/19/2001)
2001-01-31	4	MOTION (UNOPPOSED) filed by plaintiff JUDICIAL WATCH, INC. to extend time to 2/7/01 to oppose defendant's motion for a stay of proceedings pending completion of search and production of documents (ag) (Entered: 02/01/2001)
2001-02-01	5	ORDER by Judge Royce C. Lamberth : granting motion to extend time to 2/7/01 to oppose defendant's motion for a stay of proceedings pending completion of search and production of documents [4-1] by JUDICIAL WATCH, INC. response due by 2/7/01 ; (N) (tb) (Entered: 02/02/2001)
2001-02-07	6	MOTION (UNOPPOSED) filed by plaintiff JUDICIAL WATCH, INC. to extend time to submit it's oppositon to defendant's motion for a stay of proceedings pending completion of search and production of documents until 2/9/01 (jdm) Modified on 02/08/2001 (Entered: 02/08/2001)
2001-02-09	7	MOTION filed by plaintiff JUDICIAL WATCH, INC. to extend time three days to oppose defendant's motion for a stay of proceedings pending completion of search and production of documents (ag) (Entered: 02/12/2001)
2001-02-12	8	RESPONSE by plaintiff JUDICIAL WATCH, INC. in opposition to motion to stay of proceedings pending completion of search and production of documents [3-1] by FDA; Exhibits (12). (jdm) (Entered: 02/13/2001)
2001-02-16	9	ORDER by Judge Royce C. Lamberth : granting nunc pro tunc motion to extend time three days to 2/12/01 to oppose defendant's motion for a stay of proceedings pending completion of search and production of documents [7-1] by JUDICIAL WATCH, INC. (N) (mon) (Entered: 02/21/2001)
2001-02-16	10	ORDER by Judge Royce C. Lamberth : granting nunc pro tunc motion to extend time to submit it's oppositon to defendant's motion for a stay of proceedings pending completion of search and production of documents until 2/9/01 [6-1] by JUDICIAL WATCH, INC. (N) (mon) (Entered: 02/21/2001)
2001-02-23	11	MOTION filed by federal defendant FDA to extend time to 3/5/01 to file its reply to plaintiff's opposition to defendant's motion for stay of proceedings (cas) (Entered: 02/26/2001)
2001-02-28	12	ORDER by Judge Royce C. Lamberth : granting motion to extend time to 3/5/01 to file its reply to plaintiff's opposition to defendant's motion for stay of proceedings [11-1] by FDA (N) (mon) (Entered: 03/05/2001)
2001-03-05	13	REPLY by federal defendant FDA to response in opposition to motion to stay of proceedings pending completion of search and production of documents [3-1] by FDA; Exhibit (1) (tth) (Entered: 03/08/2001)
2001-03-15	14	ERRATA by federal defendant FDA indicating that the defendant's reply filed on March 5, 2001, on the plaintiff at an incorrect address. (cas) (Entered: 03/22/2001)
2001-04-17	15	FIRST INTERIM STATUS REPORT by federal defendant FDA (cas) (Entered: 04/18/2001)
2001-07-17	16	INTERIM STATUS REPORT by federal defendant FDA (cas) (Entered: 07/18/2001)
2001-07-19	17	ORDER by Judge Royce C. Lamberth : granting motion to stay of proceedings until 10/15/01; any dispositive motions to be filed by 11/15/01. (N) (mon) (Entered: 07/19/2001)
2001-11-02	18	MOTION filed for POPULATION COUNCIL, DANCO LABORATORIES to intervene ; EXHIBITS (ANSWER, MOTION, ORDER, RULE 26.1 DISCLOSURES) (nmr) (Entered: 11/05/2001)
2001-11-09	19	MOTION filed by federal defendant FDA to extend time to 12/15/01 to file its Vaughn Index (tth) (Entered: 11/13/2001)
2001-11-13	20	ANSWER TO COMPLAINT [1-1] by federal defendant FDA. (tth) (Entered: 11/14/2001)
2001-11-14	21	MOTION (UNOPPOSED) filed by federal defendant FDA to extend time to 1/19/02 to file dispositive motion(s) (jf) (Entered: 11/15/2001)
2001-11-14	22	ORDER by Judge Royce C. Lamberth : granting motion to extend time to 12/15/01 to file its Vaughn Index [19-1] by FDA (N) (mon) (Entered: 11/19/2001)
2001-11-16	23	MOTION filed by plaintiff JUDICIAL WATCH, INC. to extend time to 11/30/01 to file plaintiff's response to the Population Council, Inc. and Danco Laboratories, LLC's motion to intervene (tth) (Entered: 11/19/2001)
2001-11-20	24	ORDER by Judge Royce C. Lamberth : granting motion to extend time to 11/30/01 to file plaintiff's response to the Population Council, Inc. and Danco Laboratories, LLC's motion to intervene [23-1] by JUDICIAL WATCH, INC. response to motion(s) due by 11/30/01 ; (N) (mon) (Entered: 11/21/2001)
2001-11-20	25	ORDER by Judge Royce C. Lamberth : granting motion to extend time to file dispositive motion(s) [21-1] by FDA ; defendant's dispositive motions due by 1/22/02 ; (N) (mon) (Entered: 11/21/2001)
2001-11-20	26	STATEMENT filed by federal defendant FDA , regarding: mail service at U.S. Attorney's Office. (tth) (Entered: 11/21/2001)
2001-11-30	27	MOTION filed by plaintiff JUDICIAL WATCH, INC. to extend time to for one (1) week opposition to motion of the population council, Inc. and DANCO Laboratories, LLC, for leave to file to intervene as defendants (cas) (Entered: 12/03/2001)
2001-12-06	28	ORDER by Judge Royce C. Lamberth : granting motion to extend time to for one (1) week opposition to motion of the population council, Inc. and DANCO Laboratories, LLC, for leave to file to intervene as defendants [27-1] by JUDICIAL WATCH, INC. response to motion(s) due by 12/7/01 ; (N) (mon) (Entered: 12/07/2001)
2001-12-11	29	RESPONSE by plaintiff JUDICIAL WATCH, INC. to motion for POPULATION COUNCIL, DANCO LABORATORIES to intervene [18-1] (nmr) (Entered: 12/12/2001)
2002-01-22	30	JOINT MOTION by plaintiff JUDICIAL WATCH, INC., federal defendant FDA to extend time forty-five (45) days within which to file their dispositive motions (nmr) (Entered: 01/23/2002)
2002-04-23	31	ORDER by Judge Royce C. Lamberth : granting joint motion to extend time forty-five (45) days within which to file their dispositive motions [30-1] by FDA, JUDICIAL WATCH, INC. (N) (mon) (Entered: 04/23/2002)
2002-04-23	32	ORDER by Judge Royce C. Lamberth : granting motion for POPULATION COUNCIL, DANCO LABORATORIES to intervene [18-1] as defendants.(N) (mon) (Entered: 04/23/2002)
2002-04-23	33	ANSWER TO COMPLAINT [1-1] by intervenor-defendant POPULATION COUNCIL, intervenor-defendant DANCO LABORATORIES . (nmr) (Entered: 04/25/2002)
2002-04-23	34	MOTION filed by intervenor-defendant POPULATION COUNCIL, intervenor-defendant DANCO LABORATORIES to permit initial filing without including full residence address in caption (nmr) (Entered: 04/25/2002)
2002-04-23	35	LCvR 26.1 Certificate of disclosure of corporate affiliations and financial interests by intervenor-defendant DANCO LABORATORIES (nmr) (Entered: 04/25/2002)
2002-04-23	36	LCvR 26.1 Certificate of disclosure of corporate affiliations and financial interests by intervenor-defendant POPULATION COUNCIL (nmr) (Entered: 04/25/2002)
2002-05-15		CASE REASSIGNED from Judge Royce C. Lamberth to Judge Richard J. Leon (nmr) (Entered: 05/16/2002)
2002-06-06	37	MOTION filed by federal defendant FDA, intervenor-defendant POPULATION COUNCIL, intervenor-defendant DANCO LABORATORIES to extend time to 6/14/02 file their dispositive motions (nmr) (Entered: 06/07/2002)
2002-06-10	38	ORDER by Judge Richard J. Leon : granting motion to extend time to 6/14/02 file their dispositive motions [37-1] by DANCO LABORATORIES, POPULATION COUNCIL, FDA (N) (adc) (Entered: 06/11/2002)
2002-06-14	39	MOTION filed by federal defendant FDA for summary judgment ; Declaration (1); Exhibits (10) (nmr) (Entered: 06/17/2002)
2002-06-14	40	MOTION filed by intervenor-defendants POPULATION COUNCIL, DANCO LABORATORIES for summary judgment ; Declarations (2); Exhibits (5) (nmr) (Entered: 06/17/2002)
2002-06-14	41	MOTION filed by intervenor-defendants POPULATION COUNCIL, DANCO LABORATORIES to seal unredacted declaration which supports their motion for summary judgment ; Attachment (1); EXHIBIT-LODGED UNDER SEAL (DECLARATION) (nmr) (Entered: 06/17/2002)
2002-06-14	42	MOTION filed by federal defendant FDA for a waiver of LCvR 5.1(f) for filing of its Vaughn Index ; EXHIBIT (VAUGHN INDEX) (nmr) (Entered: 06/17/2002)
2002-06-18	43	ORDER by Judge Richard J. Leon : granting motion for a waiver of LCvR 5.1(f) for filing of its Vaughn Index [42-1] by FDA (N) (adc) (Entered: 06/18/2002)
2002-06-18	44	VAUGHN INDEX by federal defendant FDA (nmr) (Entered: 06/19/2002)
2002-06-20	45	ERRATA by federal defendant FDA of a complete version of the memorandum in support of defendant's Motion for Summary Judgment, filed 6/14/02. (nmr) (Entered: 06/21/2002)
2002-06-25	46	ORDER by Judge Richard J. Leon : granting motion to seal unredacted declaration which supports their motion for summary judgment [41-1] by DANCO LABORATORIES, POPULATION COUNCIL (N) (whb) (Entered: 06/26/2002)
2002-06-25	47	NOTICE OF FILING by intervenor-defendants POPULATION COUNCIL, DANCO LABORATORIES of Declaration in support of their Motion for Summary Judgment; FILED UNDER SEAL (nmr) (Entered: 06/26/2002)
2002-07-15	48	MOTION filed by plaintiff JUDICIAL WATCH, INC. to extend time to 9/13/02 to file opposition to defendants' motion for summary judgment (nmr) (Entered: 07/25/2002)
2002-07-25	49	ORDER by Judge Richard J. Leon : granting motion to extend time to 9/13/02 to file opposition to defendants' motion for summary judgment [48-1] by JUDICIAL WATCH, INC. response to motion for summary judgment due 9/13/02, Defts' reply shall be due on 10/24/02. (N) (whb) (Entered: 07/31/2002)
2002-09-10	50	MOTION filed by plaintiff JUDICIAL WATCH, INC. to extend time to 10/4/02 to file opposition to defendant's motion for summary judgment (nmr) (Entered: 09/11/2002)
2002-09-11	51	ORDER by Judge Richard J. Leon : granting motion to extend time to 10/4/02 to file opposition to defendant's motion for summary judgment [50-1] by JUDICIAL WATCH, INC. response to motion for summary judgment due 10/4/02 ; reply to motion for summary judgment due by 11/22/02 ; (N) (whb) (Entered: 09/13/2002)
2002-10-03	52	MOTION filed by plaintiff JUDICIAL WATCH, INC. to extend time to 10/11/02 to file its opposition to defendant's motion for summary judgment (nmr) (Entered: 10/04/2002)
2002-10-11	53	RESPONSE by plaintiff JUDICIAL WATCH, INC. in opposition to motion for summary judgment [39-1] by FDA; Exhibits (6). (nmr) (Entered: 10/15/2002)
2002-10-17	54	MOTION filed by plaintiff JUDICIAL WATCH, INC. to supplement plaintiff's opposition to defendant's motion for summary judgment ; exhibit (1) (mpt) (Entered: 10/18/2002)
2002-10-23	55	ORDER by Judge Richard J. Leon : granting motion to supplement plaintiff's opposition to defendant's motion for summary judgment [54-1] by JUDICIAL WATCH, INC. (N) (whb) (Entered: 10/25/2002)
2002-11-21	56	MOTION filed by intervenor-defendants POPULATION COUNCIL, DANCO LABORATORIES to extend time to 12/20/02 to file their reply to plaintiff's opposition to defendant's motion for summary judgment (nmr) (Entered: 11/22/2002)
2002-11-26	57	ORDER by Judge Richard J. Leon : granting motion to extend time to 12/20/02 to file their reply to plaintiff's opposition to defendant's motion for summary judgment [56-1] by DANCO LABORATORIES, POPULATION COUNCIL response to brief due by 12/20/02 ; (N) (whb) (Entered: 11/27/2002)
2002-12-20	58	REPLY by federal defendant FDA in support of motion for summary judgment [39-1] by FDA; exhibits (8) (mpt) (Entered: 12/23/2002)
2002-12-20	59	MOTION filed by federal defendant FDA for leave to file outsized reply to plaintiff's opposition to defendant's motion for summary judgment ; (NO PENDING EXHIBIT) (mpt) (Entered: 12/23/2002)
2002-12-20	60	REPLY by intervenor-defendant POPULATION COUNCIL, intervenor-defendant DANCO LABORATORIES to response in opposition to motion for summary judgment [39-1] by FDA (mpt) (Entered: 12/23/2002)
2002-12-27	61	ORDER by Judge Richard J. Leon : granting motion for leave to file outsized reply to plaintiff's opposition to defendant's motion for summary judgment [59-1] by FDA (N) (whb) (Entered: 01/02/2003)
2003-03-13	62	MOTION filed by plaintiff JUDICIAL WATCH, INC. for leave to file a surreply to defendants' reply briefs ; EXHIBIT (SURREPLY) (nmr) (Entered: 03/14/2003)
2003-03-16	63	ORDER by Judge Richard J. Leon : granting motion for leave to file a surreply to defendants' reply briefs [62-1] by JUDICIAL WATCH, INC. (N) (whb) (Entered: 03/17/2003)
2003-03-16	64	SURREPLY by plaintiff JUDICIAL WATCH, INC. in support of its opposition to defendant's motion for summary judgment [39-1] by FDA; Exhibits (1) (nmr) (Entered: 03/18/2003)
2003-03-24	65	MOTION filed by intervenor-defendant POPULATION COUNCIL, intervenor-defendant DANCO LABORATORIES for leave to file response to plaintiff's surreply to motion for summary judgment ; EXHIBIT (RESPONSE) (mpt) (Entered: 03/25/2003)
2003-03-31	66	STATEMENT filed by federal defendant FDA, regarding: it does not intend to file anything concerning its prior inadvertant disclosure of certain information. (nmr) (Entered: 04/01/2003)
2003-04-08	67	MOTION filed by federal defendant FDA for leave to file a response to plaintiff's surreply ; EXHIBIT (RESPONSE) (nmr) (Entered: 04/09/2003)
2003-04-15	68	ORDER by Judge Richard J. Leon : granting motion for leave to file a response to plaintiff's surreply [67-1] by FDA (N) (whb) (Entered: 04/16/2003)
2003-04-15	72	RESPONSE (OPPOSITIONS) by federal defendant FDA to surreply in support of its opposition to defendant's motion for summary judgment [64-1] by JUDICIAL WATCH, INC.; Exhibit (1) (nmr) (Entered: 06/16/2003)
2003-04-22	69	MOTION filed by plaintiff JUDICIAL WATCH, INC. for leave to file a reply to defendant FDA's response ; EXHIBIT (REPLY) (nmr) (Entered: 04/23/2003)
2003-04-25	70	MOTION filed by federal defendant FDA to strike plaintiff's sur-sur-reply [69-1] (nmr) (Entered: 04/28/2003)
2003-05-08	71	RESPONSE by plaintiff JUDICIAL WATCH, INC. in opposition to motion to strike plaintiff's sur-sur-reply [69-1] [70-1] by FDA . (nmr) (Entered: 05/09/2003)
2003-08-30	73	ORDER by Judge Richard J. Leon : granting motion for leave to file response to plaintiff's surreply to motion for summary judgment [65-1] by DANCO LABORATORIES, POPULATION COUNCIL (N) (whb) (Entered: 09/03/2003)
2003-10-28	74	MOTION for Leave to File Supplement in Further Support of Its Opposition by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 10/28/2003)
2003-10-28	75	MEMORANDUM Plaintiff's Supplement in Further Support of Its Opposition from Judicial Watch re: Plaintiff's Supplement. (Attachments: # 1 Exhibit #1# 2 Exhibit #2# 3 Exhibit #3# 4 Exhibit #4)(Orfanedes, Paul) (Entered: 10/28/2003)
2003-11-10	76	ORDER granting 74 MOTION for Leave to File Supplement in Further Support of Its Opposition by JUDICIAL WATCH, INC.,. Signed by Judge Richard J. Leon on 11/6/03. (whb) (Entered: 11/10/2003)
2003-11-14	77	MOTION for Reconsideration re 76 Order on Motion for Leave to File or, in the Alternative, for Leave to File a Response to Plaintiff's Supplement in Further Support of its Opposition and Surreply to Defendants' Motions for Summary Judgment and Memorandum in Support Thereof by DANCO LABORATORIES, LLC, POPULATION COUNCIL, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order# 2 Text of Proposed Order Proposed Order)(Shepard, Carmen) (Entered: 11/14/2003)
2003-11-20	78	RESPONSE to Defendant-Intervenors' Motion for Reconsideration filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 11/20/2003)
2003-11-24	79	Consent MOTION for Leave to File Response to Plaintiff's Supplement by FOOD & DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Shine, Edith) (Entered: 11/24/2003)
2003-11-25	80	NOTICE of Appearance by James F. Peterson on behalf of JUDICIAL WATCH, INC. (Peterson, James) (Entered: 11/25/2003)
2003-11-25	81	NOTICE of Appearance by Paul J. Orfanedes on behalf of JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 11/25/2003)
2003-11-26	82	REPLY to opposition to motion re 77 reconsideration filed by DANCO LABORATORIES, LLC, POPULATION COUNCIL, INC.. (Shepard, Carmen) (Entered: 11/26/2003)
2003-12-16	83	ORDER granting 79 Consent MOTION for Leave to File Response to Plaintiff's Supplement by FOOD & DRUG ADMINISTRATION. Signed by Judge Richard J. Leon on 12/14/03. (zwhb) (Entered: 12/16/2003)
2004-01-30	84	NOTICE by JUDICIAL WATCH, INC. Regarding Supplemental Authority (Orfanedes, Paul) (Entered: 01/30/2004)
2004-03-10	85	ORDER granting 34 Defendant's Motion to Permit, denying 69 Plaintiff's Motion for Leave to File, granting 70 Defendant's Motion to Strike . Signed by Judge Richard J. Leon on 3/9/04. (whb) (Entered: 03/10/2004)
2004-06-21	86	ATTORNEY APPEARANCE. (Haynes, Fred) (Entered: 06/21/2004)
2004-06-24		MINUTE ORDER denying 77 Motion for Reconsideration . Signed by Judge Richard J. Leon on 06/23/04. (lcrjl1, ) (Entered: 06/24/2004)
2004-09-17	87	NOTICE of Appearance by Meredith Leigh Cavallo on behalf of JUDICIAL WATCH, INC. (Cavallo, Meredith) (Entered: 09/17/2004)
2005-04-28	88	MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 4/27/05. (whb) (Entered: 04/28/2005)
2005-04-28	89	FINAL JUDGMENT. Signed by Judge Richard J. Leon on 4/27/05. (whb) (Entered: 04/28/2005)
2005-06-15	90	NOTICE OF APPEAL as to 89 Order Dismissing Case entered on 04/28/05 by JUDICIAL WATCH, INC.. Filing fee $ 255, receipt number 135523. (jf, ) (Entered: 06/17/2005)
2005-06-17		Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 90 Notice of Appeal (jf, ) (Entered: 06/17/2005)
2005-07-08		USCA Case Number 05-5256 for 90 Notice of Appeal filed by JUDICIAL WATCH, INC.,. (jf, ) (Entered: 07/11/2005)
2006-08-07	91	USCA JUDGMENT (certified copy) as to 90 Notice of Appeal filed by JUDICIAL WATCH, INC.; It is hereby ordered and adjudged that the judgment of the District Court appealed from in this casue is hereby affirmed in part and remanded in part; USCA#05-5256 (jsc) (Entered: 08/08/2006)
2007-01-04		NOTICE OF HEARING: A Status Conference is set for 1/26/07 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon.(lcrjl1) (Entered: 01/04/2007)
2007-01-08	92	Unopposed MOTION to Alter Status Conference Date by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 01/08/2007)
2007-01-08		MINUTE ORDER granting 92 Unopposed MOTION to Alter Status Conference Date. Signed by Judge Richard J. Leon on 1/8/07. (lcrjl1) (Entered: 01/08/2007)
2007-01-08		NOTICE OF RESCHEDULED HEARING: The Status Conference set for 1/26/07 at 3:00 is hereby RESCHEDULED for 1/23/07 at 3:30 PM in Courtroom 18 before Judge Richard J. Leon.(lcrjl1) (Entered: 01/08/2007)
2007-01-23		MINUTE ORDER: The parties are hereby ORDERED to submit a joint status report by February 28, 2007. Signed by Judge Richard J. Leon on 1/23/07. (lcrjl1) (Entered: 01/23/2007)
2007-01-23		Minute Entry for proceedings held before Judge Richard J. Leon : Status Conference held on 1/23/2007. Joint status report due 2/28/07. (Court Reporter Patty Gels.) (whb) (Entered: 01/24/2007)
2007-02-08	93	TRANSCRIPT of Status Hearing held on January 23. 2007 before Judge Ricahrd J. Leon. Court Reporter: Patty Artrip Gels. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 02/09/2007)
2007-02-27	94	STATUS REPORT (Joint) by JUDICIAL WATCH, INC., FOOD & DRUG ADMINISTRATION, POPULATION COUNCIL, INC., DANCO LABORATORIES, LLC. (Di Liberto, Meredith) (Entered: 02/27/2007)
2007-04-25	95	STATUS REPORT by the Parties by FOOD & DRUG ADMINISTRATION. (Haynes, Fred) (Entered: 04/25/2007)
2007-05-09	96	STATUS REPORT by JUDICIAL WATCH, INC., FOOD & DRUG ADMINISTRATION, POPULATION COUNCIL, INC., DANCO LABORATORIES, LLC. (Di Liberto, Meredith) (Entered: 05/09/2007)
2007-05-10		MINUTE ORDER: It is hereby ORDERED that the FDA will complete and deliver the revised Vaughn index to Judicial Watch by September 6, 2007. The index will include those entries listed in the attachment to the parties April 25, 2007 joint status report as well as entries for all records withheld by FDA under FOIA Exemption 5 that were either undated or that postdated the approval of the Mifeprex new drug application (NDA). Signed by Judge Richard J. Leon on 5/10/07. (lcrjl1) (Entered: 05/10/2007)
2007-11-27		Status Conference set for 1/8/2008 11:00 AM in Courtroom 18 before Judge Richard J. Leon. Signed by Judge Richard J. Leon on 11/27/2007. (lcrjl1) (Entered: 11/27/2007)
2007-11-29		Status Conference set for 1/8/2008 at 11:00 AM is rescheduled for 1/8/2008 at 11:30 AM in Courtroom 18 before Judge Richard J. Leon.Signed by Judge Richard J. Leon on 11/29/2007. (lcrjl1) (Entered: 11/29/2007)
2008-01-07		Notice of Rescheduled Hearings: Status Conference set for 1/8/08 is Rescheduled to 1/10/2008 03:30 PM in Courtroom 18 before Judge Richard J. Leon. (whb) (Entered: 01/07/2008)
2008-01-10		Minute Entry. Proceedings held before Judge Richard J. Leon : Status Conference held on 1/10/2008, parties to file joint proposed breifing schedule. (Court Reporter Patty Gels.) (whb) (Entered: 01/10/2008)
2008-01-23	97	STIPULATION OF ENTRY OF JUDGMENT AND PROPOSED ORDER by JUDICIAL WATCH, INC., FOOD & DRUG ADMINISTRATION, POPULATION COUNCIL, INC., DANCO LABORATORIES, LLC. (Attachments: # 1 Text of Proposed Order Proposed Briefing Schedule, # 2 Text of Proposed Order Proposed Judgment)(Peterson, James) (Entered: 01/23/2008)
2008-01-28		MINUTE ORDER: Upon review of the parties' 97 Stipulation of Entry of Judgment and the entire record herein, it is hereby ORDERED that judgment be entered in favor of defendants. Signed by Judge Richard J. Leon on 1/28/2008. (lcrjl1) (Entered: 01/28/2008)
2008-01-28		MINUTE SCHEDULING ORDER: It is hereby ORDERED that Judicial Watch will file any motion for attorneys' fees on or before 2/28/2008; FDA will file any opposition on or before 3/28/2008; Judicial Watch may reply to any opposition on or before 4/14/2008; and defendant-intervenors are excused from participation in any attorenys' fees proceedings.Signed by Judge Richard J. Leon on 1/28/2008. (lcrjl1) (Entered: 01/28/2008)
2008-01-29		Set/Reset Deadlines: Plaintiff's motion for attorney's fees due by 2/28/2008. Responses due by 3/28/2008 Replies due by 4/14/2008. (whb) (Entered: 01/29/2008)
2008-02-28	98	Consent MOTION for Extension of Time to File Motion for Attorney's Fees and Costs by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 02/28/2008)
2008-02-28	99	NOTICE OF WITHDRAWAL OF APPEARANCE as to JUDICIAL WATCH, INC.. Attorney Larry Klayman terminated. (Peterson, James) (Entered: 02/28/2008)
2008-03-03		MINUTE ORDER granting 98 Consent Motion for Enlargement of Time. It is hereby ORDERED that the motion is GRANTED and that the following briefing schedule is entered: motion for attorney's fees and costs is due on or before 3/6/2008; opposition brief is due on or before 4/4/2008; and reply brief is due on or before 4/21/2008. Signed by Judge Richard J. Leon on 3/3/2008. (lcrjl1) (Entered: 03/03/2008)
2008-03-04		Set/Reset Deadlines: Motion for Attorney's fees due by 3/6/2008. Responses due by 4/4/2008 Replies due by 4/21/2008. (whb) (Entered: 03/04/2008)
2008-03-06	100	MOTION for Attorney Fees by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Text of Proposed Order)(Peterson, James) (Entered: 03/06/2008)
2008-04-04	101	Consent MOTION for Extension of Time to Respond to Plaintiff's Motion for Attorney's Fees by FOOD & DRUG ADMINISTRATION (Haynes, Fred) (Entered: 04/04/2008)
2008-04-07	102	Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees and Litigation Expenses by FOOD & DRUG ADMINISTRATION (Haynes, Fred) (Entered: 04/07/2008)
2008-04-08	103	Memorandum in opposition to re 100 MOTION for Attorney Fees filed by FOOD & DRUG ADMINISTRATION. (Attachments: # 1 Exhibit Zarcon, Inc. v. NLRB)(Haynes, Fred) (Entered: 04/08/2008)
2008-04-10		MINUTE ORDER granting nunc pro tunc 101 Consent Motion for Extension of Time to Respond to Plaintiff's Motion for Attorney's Fees. It is hereby ORDERED that defendant's motion is GRANTED; and it is further ORDERED that defendant shall have up to and including 4/7/2008 to file its opposition to plaintiff's motion for attorney's fees. Signed by Judge Richard J. Leon on 4/10/2008. (lcrjl1) (Entered: 04/10/2008)
2008-04-10		MINUTE ORDER granting nunc pro tunc 102 Consent Motion for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees and Litigation Expenses. It is hereby ORDERED that defendant's motion is GRANTED; it is further ORDERED that defendant shall have up to and including 4/8/2008 to file its opposition to plaintiff's motion for attorney's fees. Signed by Judge Richard J. Leon on 4/10/2008. (lcrjl1) (Entered: 04/10/2008)
2008-04-18	104	Unopposed MOTION for Extension of Time to File Reply in Support of Motion for Attorneys Fees by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 04/18/2008)
2008-04-28	105	REPLY to opposition to motion re 100 MOTION for Attorney Fees filed by JUDICIAL WATCH, INC.. (Peterson, James) (Entered: 04/28/2008)
2008-04-29		MINUTE ORDER granting nunc pro tunc 104 Unopposed Motion for Extension of Time to File Reply in Support of Motion for Attorneys Fees. It is hereby ORDERED that the motion is GRANTED and that plaintiff shall have up to and including 4/28/2008 to file its reply. Signed by Judge Richard J. Leon on 4/29/2008. (lcrjl1) (Entered: 04/29/2008)
2008-06-30	106	NOTICE OF SUPPLEMENTAL AUTHORITY by JUDICIAL WATCH, INC. (Attachments: # 1 Opinion)(Peterson, James) (Entered: 06/30/2008)
2008-07-02	107	NOTICE OF SUPPLEMENTAL AUTHORITY by JUDICIAL WATCH, INC. (Attachments: # 1 Opinion)(Peterson, James) (Entered: 07/02/2008)
2009-03-31	108	MEMORANDUM ORDER denying plaintiff's Verified Motion 100 for an Award of Attorney's Fees and Litigation Expenses. Signed by Judge Richard J. Leon on 3/31/09. (kc) (Entered: 03/31/2009)
2009-05-29	109	NOTICE OF APPEAL as to 108 Memorandum & Opinion by JUDICIAL WATCH, INC.. Filing fee $ 455, receipt number 00900000000001860370. Fee Status: Fee Paid. Parties have been notified. (Orfanedes, Paul) (Entered: 05/29/2009)
2009-06-01		Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 109 Notice of Appeal (td, ) (Entered: 06/01/2009)
2009-06-02		USCA Case Number 09-5199 for 109 Notice of Appeal filed by JUDICIAL WATCH, INC.. (td, ) (Entered: 06/08/2009)
2009-07-08	110	NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: 07/08/2009)
2009-07-08	111	NOTICE of Change of Address by James F. Peterson (Peterson, James) (Entered: 07/08/2009)
2009-07-08	112	NOTICE of Change of Address by Meredith Leigh Di Liberto (Di Liberto, Meredith) (Entered: 07/08/2009)
2009-08-03	113	ORDER of USCA as to 109 Notice of Appeal filed by JUDICIAL WATCH, INC. ; USCA Case Number 09-5199. It is ORDERED that the motion be granted, and this case is hereby dismissed. (kb) (Entered: 08/05/2009)
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