Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that Section 105 of the Animal Drug and Use Fee Amendments of 2008 does not qualify under Exemption 3 (other statutes), but that material facts remain in dispute as to whether Exemption 4 (confidential business information) protects data about the volume of active ingredients for all antimicrobial drugs sold and distributed in 2009, broken down by market, method of injection, and antimicrobial class. The Government Accountability Project requested the 2009 data. In response, the FDA redacted much of the data under both Exemption 3 and Exemption 4, particularly where the number of companies was small. After GAP filed suit, the Animal Health Institute, a trade association, intervened in support of the agency. GAP challenged the applicability of Section 105 of ADUFA, arguing that it only restricted the content of the Secretary of Health and Human Services' mandatory annual reports and did not serve to limit disclosure in other contexts. Jackson agreed with GAP, noting that "when viewed in context, the limiting provisions on which the FDA relies are most naturally read to relate specifically to the required annual summary reports, and they do not constitute blanket restrictions on the disclosure of information in all circumstances, as the agency maintains." She added that "reading subdivisions (E)(i) and (E)(ii) to apply to all possible disclosures, as the FDA does, extracts those provisions from the 'summary' context and gives them a life of their own, without any indication that Congress actually meant for these restrictions to have such unbounded significance." The FDA argued that courts had found provisions describing an agency's disclosure obligations through reporting requirements to restrict the agency's ability to disclose the information in other contexts. But Jackson rejected the argument, pointing out that "the enacted text of ADUFA does not contain any express restriction on who may ultimately access the information collected under the statute. And the FDA's suggestion that Congress implicitly intended for Section 105 of ADUFA to be read in conjunction with Exemption 3 to prohibit disclosure of the referenced information to members of the public in the FOIA context, as a means of shielding antimicrobial drug sponsors from 'the harmful effects of public disclosure of their individualized information' appears to be overblown, all things considered." Jackson indicated, however, that although the data was not protected under Exemption 3, it might well qualify for protection under Exemption 4. She found that the affidavits supplied by the agency and the industry intervenors raised an issue about the competitive harm that could flow from disclosure, although GAP's own affidavits supported its contention that disclosure of the old data would not be competitively harmful. She noted that "this genuinely disputed remaining question of fact precludes the granting of summary judgment with respect to the Exemption 4 issue that is presented in this case."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 4 - Competitive harm

Date Filed	Doc #	Docket Text
2012-12-05	1	COMPLAINT against FOOD & DRUG ADMINISTRATION ( Filing fee $ 350 receipt number 0090-3151955) filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement LCvR 7.1 Certificate)(Condit, Richard) (Entered: 12/05/2012)
2012-12-05		Case Assigned to Judge Robert L. Wilkins. (mmh) (Entered: 12/05/2012)
2012-12-18	2	NOTICE of Summonses to be signed and sealed by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Summons, # 2 Summons)(Condit, Richard) (Entered: 12/18/2012)
2012-12-19	3	ELECTRONIC SUMMONS (3) Issued as to FOOD & DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 consent form, # 2 notice of consent to trial)(rdj) (Entered: 12/19/2012)
2013-01-28	4	ANSWER to 1 Complaint by FOOD & DRUG ADMINISTRATION.(Schmitt, Addy) Modified on 1/29/2013 to add linkage (rdj). (Entered: 01/28/2013)
2013-01-30		MINUTE ORDER: Before the Court in this FOIA case are a Complaint and an Answer. The requirements of LCvR 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule should address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when any party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order by not later than February 22, 2013. Signed by Judge Robert L. Wilkins on 1/30/2012. (lcrlw4) (Entered: 01/30/2013)
2013-02-22	5	STATUS REPORT By the Parties Pursuant to the Court's January 30, 2013 Order by FOOD & DRUG ADMINISTRATION. (Schmitt, Addy) (Entered: 02/22/2013)
2013-04-04		Case reassigned to Judge Ketanji Brown Jackson. Judge Robert L. Wilkins no longer assigned to the case. (ds) (Entered: 04/04/2013)
2013-05-03		MINUTE ORDER: In the previous joint status report submitted by the parties on February 22, 2013, the parties stated that they anticipated Defendant would release documents by April 8, 2013. The parties are hereby ORDERED to file another joint status report no later than May 20, 2013. Signed by Judge Ketanji Brown Jackson on 5/3/2013. (lckbj2) (Entered: 05/03/2013)
2013-05-20	6	STATUS REPORT Joint Status Report and Proposed Briefing Schedule by FOOD & DRUG ADMINISTRATION. (Schmitt, Addy) (Entered: 05/20/2013)
2013-05-22		MINUTE ORDER. Upon consideration of the parties' representations in their 6 Joint Status Report, the Court hereby ADOPTS the proposed briefing schedule set forth therein. Accordingly, the parties are ORDERED to adhere to the following briefing schedule: Defendant's Motion for Summary Judgment due by 6/28/2013. Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment due by 7/29/2013. Defendant's Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment due by 8/26/2013. Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment due by 9/16/2013. Signed by Judge Ketanji Brown Jackson on 5/22/2013. (lckbj3) (Entered: 05/22/2013)
2013-06-26	7	Consent MOTION for Extension of Time to File Motion for Summary Judgment by FOOD & DRUG ADMINISTRATION (Schmitt, Addy) (Entered: 06/26/2013)
2013-06-26		MINUTE ORDER. Upon consideration of 7 Consent MOTION for Extension of Time to File Motion for Summary Judgment filed by Defendant FOOD & DRUG ADMINISTRATION, the motion is GRANTED. Accordingly, it is ORDERED that: Defendant's Motion for Summary Judgment shall be due by 7/2/2013; Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall be due by 8/2/2013; Defendant's Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be due by 8/30/2013; and Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment shall be due by 9/20/2013. Signed by Judge Ketanji Brown Jackson on 06/26/2013. (lckbj2) (Entered: 06/26/2013)
2013-06-27		Set/Reset Deadlines: Cross Motions due by 8/2/2013. Response to Cross Motions due by 8/30/2013. Reply to Cross Motions due by 9/20/2013. Summary Judgment motions due by 7/2/2013. Response to Motion for Summary Judgment due by 8/2/2013. Reply to Motion for Summary Judgment due by 8/30/2013. (gdf) (Entered: 06/27/2013)
2013-07-02	8	MOTION for Summary Judgment by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit A - Garcia-Malene Declaration, # 5 Exhibit 1 to Garcia-Malene Decl. (Plaintiff's FOIA Request), # 6 Exhibit 2 to Garcia-Malene Decl. (Document 1), # 7 Exhibit 3 to Garcia-Malene Decl. (Document 2), # 8 Exhibit 4 to Garcia-Malene Decl. (2009 Summary Report), # 9 Exhibit B - Bataller Declaration, # 10 Exhibit C - Beers Declaration, # 11 Exhibit D - Mlodzik Declaration, # 12 Exhibit E - Zolynas Declaration, # 13 Exhibit F - Chaleff Declaration, # 14 Exhibit G - Harper Declaration, # 15 Exhibit H - Panier Declaration, # 16 Exhibit I - Yates Declaration, # 17 Exhibit J - Whaley Declaration, # 18 Exhibit K - Bergt Declaration, # 19 Exhibit L - Ward Declaration, # 20 Exhibit M - Bosch Declaration, # 21 Exhibit N - Macedo Declaration, # 22 Exhibit O - Heath Declaration)(Schmitt, Addy) (Entered: 07/02/2013)
2013-08-02	9	RESPONSE re 8 MOTION for Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Memorandum in Support Memorandum in Opposition and in Support, # 2 Text of Proposed Order Proposed Order, # 3 Statement of Facts Plaintiff's Statement of Facts, # 4 Statement of Facts Plaintiff's Statement of Genuine Issues, # 5 Exhibit Exhibit 1, # 6 Exhibit Exhibit 2, # 7 Exhibit Exhibit 3, # 8 Exhibit Exhibit 4, # 9 Exhibit Exhibit 5, # 10 Exhibit Exhibit 6, # 11 Exhibit Exhibit 7, # 12 Exhibit Exhibit 8, # 13 Exhibit Exhibit 9, # 14 Exhibit Exhibit 10, # 15 Exhibit Exhibit 11, # 16 Exhibit Exhibit 12)(Gulley, Jeffery) . (Entered: 08/02/2013)
2013-08-02	11	Cross MOTION for Summary Judgment by GOVERNMENT ACCOUNTABILITY PROJECT. (See Docket Entry 9 to view document) (jf, ) (Entered: 08/12/2013)
2013-08-05	10	NOTICE of Appearance by Jeffery Sawyer Gulley on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Gulley, Jeffery) (Entered: 08/05/2013)
2013-08-06		NOTICE OF ERROR re 9 Response to motion; emailed to jeffg@whistleblower.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. to file your Cross Motion (jf, ) (Entered: 08/06/2013)
2013-08-27	12	Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment, 8 MOTION for Summary Judgment by FOOD & DRUG ADMINISTRATION (Schmitt, Addy) (Entered: 08/27/2013)
2013-08-29		MINUTE ORDER granting 12 Motion for Extension of Time to File Response/Reply. The Court has considered the parties' consent motion and, finding good cause, hereby GRANTS the requested exetensions. Defendant's Response due by 9/13/2013. Plaintiff's Reply due by 10/11/2013. Signed by Judge Ketanji Brown Jackson on 08/29/2013. (lckbj1) (Entered: 08/29/2013)
2013-09-13	13	REPLY to opposition to motion re 11 MOTION for Summary Judgment, 8 MOTION for Summary Judgment filed by FOOD & DRUG ADMINISTRATION. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Facts, # 2 Exhibit P - Document 2 (Annotated), # 3 Exhibit Q - Bataller Supplemental Declaration, # 4 Exhibit 1 to Supplemental Battaler Declaration, # 5 Exhibit 2 to Supplemental Battaler Declaration, # 6 Exhibit R - Beers Supplemental Declaration, # 7 Exhibit S - Uppal Declaration, # 8 Exhibit T - Mlodzik Supplemental Declaration, # 9 Exhibit U - Harper Supplemental Declaration, # 10 Exhibit V - Daly Declaration, # 11 Exhibit W - Ward Supplemental Declaration, # 12 Exhibit X - Bergt Supplemental Declaration)(Schmitt, Addy) (Entered: 09/13/2013)
2013-09-13	14	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by FOOD & DRUG ADMINISTRATION. (See Docket Entry 13 to view document) (jf, ) (Entered: 09/16/2013)
2013-09-16		NOTICE OF ERROR re 13 Reply to opposition to Motion; emailed to addy.schmitt@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE- Remember this type of document is considered TWO filings (jf, ) (Entered: 09/16/2013)
2013-10-11	15	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit Exhibit 13, # 2 Exhibit Exhibit 14, # 3 Exhibit Exhibit 15, # 4 Exhibit Exhibit 16, # 5 Exhibit Exhibit 17, # 6 Exhibit Exhibit 18)(Gulley, Jeffery) (Entered: 10/11/2013)
2014-04-02		MINUTE ORDER. Motion Hearing set for 5/15/2014 at 02:30PM in Courtroom 17 before Judge Ketanji Brown Jackson on 8 MOTION for Summary Judgment by FOOD & DRUG ADMINISTRATION and 11 Cross MOTION for Summary Judgment by GOVERNMENT ACCOUNTABILITY PROJECT. Signed by Judge Ketanji Brown Jackson on 04/02/2014.(lckbj2) (Entered: 04/02/2014)
2014-04-03	16	NOTICE of Appearance by Andrea McBarnette on behalf of FOOD & DRUG ADMINISTRATION (McBarnette, Andrea) (Entered: 04/03/2014)
2014-04-03	17	NOTICE OF WITHDRAWAL OF APPEARANCE as to FOOD & DRUG ADMINISTRATION. Attorney Addy R. Schmitt terminated. (McBarnette, Andrea) (Entered: 04/03/2014)
2014-05-12	18	Consent MOTION for Extension of Time to Complete Motion Hearing by FOOD & DRUG ADMINISTRATION (McBarnette, Andrea) (Entered: 05/12/2014)
2014-05-13		MINUTE ORDER granting 18 Motion to Continue Motion Hearing. It is hereby ORDERED that the Motion Hearing currently set for 5/15/2014 is VACATED and RESET for 6/5/2014 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 5/13/2014. (lckbj1) (Entered: 05/13/2014)
2014-06-05		Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 6/5/2014 re 11 MOTION for Summary Judgment PROJECT, 8 and MOTION for Summary Judgment. Oral Argument heard and motions taken under advisement. (Court Reporter Barbara De Vico) (zgdf) (Entered: 06/05/2014)
2014-08-05	19	Consent MOTION to Stay Litigation by FOOD & DRUG ADMINISTRATION (McBarnette, Andrea) (Entered: 08/05/2014)
2014-08-05		MINUTE ORDER. It is hereby ORDERED that 19 Consent Motion to Stay is GRANTED for good cause shown, and that this matter is stayed until 9/12/2014. It is FURTHER ORDERED that 8 Motion for Summary Judgment and 11 Motion for Summary Judgment are DENIED without prejudice; the parties may refile updated cross-motions for summary judgment once Defendant has redacted and produced the updated document at issue. Signed by Judge Ketanji Brown Jackson on 08/05/2014. (lckbj1) (Entered: 08/05/2014)
2014-08-25		MINUTE ORDER. On 8/05/2014, this Court granted parties 19 Consent Motion to Stay this matter until 9/12/2014. Upon consideration of the representations Defendant made in 19 Consent Motion to Stay, it is hereby ORDERED that Defendant shall file a status report by 9/12/2014, updating the Court on any progress that has been made on preparing, redacting, producing, and filing the document at issue in 19 Consent Motion to Stay. Signed by Judge Ketanji Brown Jackson on 8/25/2014. (lckbj2) (Entered: 08/25/2014)
2014-09-12	20	STATUS REPORT by FOOD & DRUG ADMINISTRATION. (McBarnette, Andrea) (Entered: 09/12/2014)
2014-09-26	21	NOTICE OF FILING REDACTED DOCUMENT (Revised Document 2) by FOOD & DRUG ADMINISTRATION (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Exhibit Revised Document 2)(McBarnette, Andrea) (Entered: 09/26/2014)
2014-10-05		MINUTE ORDER requiring the parties to submit a joint report by 10/17/2014, regarding the status of this litigation and proposed further proceedings. Signed by Judge Ketanji Brown Jackson on 10/5/2014. (lckbj1) (Entered: 10/05/2014)
2014-10-06		Set/Reset Deadlines: joint report due by 10/17/2014 (tth) (Entered: 10/06/2014)
2014-10-17	22	STATUS REPORT Joint by FOOD & DRUG ADMINISTRATION. (McBarnette, Andrea) (Entered: 10/17/2014)
2014-10-22		MINUTE ORDER setting briefing schedule for renewed summary judgment motions. Defendant's Motion for Summary Judgment is due by 1/26/2015. Plaintiff's Consolidation Opposition and Cross-Motion for Summary Judgment is due by 2/23/2015. Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 3/23/2015. Plaintiff's Reply in Support of Cross Motion is due by 4/20/2015. Signed by Judge Ketanji Brown Jackson on 10/22/2014. (lckbj1) (Entered: 10/22/2014)
2014-11-20		Case randomly reassigned to Judge Randolph D. Moss. Judge Ketanji Brown Jackson no longer assigned to the case. (zgt, ) (Entered: 11/20/2014)
2015-01-05	23	MOTION to Intervene by ANIMAL HEALTH INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3)(Duraiswamy, Shankar) (Entered: 01/05/2015)
2015-01-05	24	NOTICE of Appearance by Shankar Duraiswamy on behalf of ANIMAL HEALTH INSTITUTE (Duraiswamy, Shankar) (Entered: 01/05/2015)
2015-01-05	25	NOTICE of Appearance by Mark H. Lynch on behalf of ANIMAL HEALTH INSTITUTE (Lynch, Mark) (Entered: 01/05/2015)
2015-01-06	26	Consent MOTION for Extension of Time to file renewed Summary Judgment Motions by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Text of Proposed Order)(Gulley, Jeffery) (Entered: 01/06/2015)
2015-01-22	27	Memorandum in opposition to re 23 MOTION to Intervene filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Text of Proposed Order Proposed Order)(Gulley, Jeffery) (Entered: 01/22/2015)
2015-01-23	28	ENTERED IN ERROR.....ORDER granting 26 Motion for Extension of Time to file renewed Summary Judgment motions. Signed by Judge Christopher R. Cooper on 1/23/2015. (lcrdm2, ) Modified on 1/26/2015 (ad). (Entered: 01/23/2015)
2015-01-26		NOTICE OF CORRECTED DOCKET ENTRY: re 28 Order on Motion for Extension of Time to was entered in error, because the wrong documents were attached. The correct Order will be refiled. (ad) (Entered: 01/26/2015)
2015-01-26	29	ORDER granting 26 Consent Motion for Extension of Time to file renewed Summary Judgment Motions: It is FURTHER ORDERED that Defendant's Motion for Summary Judgment shall be filed by February 20, 2015, Plaintiff shall file its consolidated Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment by March 20, 2015, Defendant shall file its consolidated Opposition to Plaintiff's Cross-Motion and Reply by April 17, 2015, and Plaintiff shall file its Reply by May 15, 2015. Signed by Judge Christopher R. Cooper on 1/23/2015. (ad) (Entered: 01/26/2015)
2015-01-26		Set/Reset Deadlines: The Defendant's Motion for Summary Judgment shall be filed by 2/20/2015, Plaintiff shall file its consolidated Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment by 3/20/2015, Defendant shall file its consolidated Opposition to Plaintiff's Cross-Motion and Reply by 4/17/2015, and Plaintiff shall file its Reply by 5/15/2015. (kt) (Entered: 01/26/2015)
2015-01-29		Case directly reassigned to Judge Ketanji Brown Jackson. Judge Randolph D. Moss no longer assigned to the case. (gt, ) (Entered: 01/29/2015)
2015-02-02	30	REPLY to opposition to motion re 23 MOTION to Intervene filed by ANIMAL HEALTH INSTITUTE. (Attachments: # 1 Exhibit A)(Duraiswamy, Shankar) (Entered: 02/02/2015)
2015-02-20	31	Consent MOTION for Extension of Time to by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 02/20/2015)
2015-02-24		MINUTE ORDER granting, for good cause shown, 31 Motion for Extension of Time to file renewed Summary Judgment Motions, nunc pro tunc to 2/20/2015. It is hereby ORDERED that Defendant's Motion for Summary Judgment is due by filed by 3/2/2015; Plaintiff's consolidated Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment is due by 4/2/2015; Defendant's consolidated Opposition to Plaintiff's Cross-Motion and Reply is due by 5/1/2015; Plaintiff's reply is due by 5/26/2015. Signed by Judge Ketanji Brown Jackson on 02/24/2015. (lckbj1) (Entered: 02/24/2015)
2015-02-27	32	Renewed MOTION for Summary Judgment by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Declaration Garcia-Malene, # 2 Declaration Bataller)(McBarnette, Andrea) Modified on 3/2/2015 (jf, ). (Entered: 02/27/2015)
2015-02-27	33	MOTION for Leave to File to File in Camera and Ex parte a Declaration by FOOD & DRUG ADMINISTRATION (McBarnette, Andrea) (Entered: 02/27/2015)
2015-03-02	34	NOTICE of Lodging of Motion for Summary Judgment re 23 MOTION to Intervene by ANIMAL HEALTH INSTITUTE (Attachments: # 1 Motion for Summary Judgment, # 2 Statement of Facts Statement of Facts, # 3 Memorandum in Support Memorandum of Points and Authorities, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Text of Proposed Order)(Duraiswamy, Shankar) Modified on 3/3/2015 (jf, ). (Entered: 03/02/2015)
2015-03-03	35	NOTICE of Filing Exhibit C to Defendant's Renewed Motion for Summary Judgment by FOOD & DRUG ADMINISTRATION re 32 MOTION for Summary Judgment (Attachments: # 1 Exhibit C)(McBarnette, Andrea) (Entered: 03/03/2015)
2015-03-03	36	NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT ACCOUNTABILITY PROJECT. Attorney Jeffery Sawyer Gulley terminated. (Gulley, Jeffery) (Entered: 03/03/2015)
2015-03-06	37	MEMORANDUM OPINION AND ORDER granting Animal Health Institute's 23 Motion to Intervene and accepting Animal Health Institute's [34-1] Motion for Summary Judgment and related attachments for filing and consideration. See attached Memorandum Opinion and Order for details. Signed by Judge Ketanji Brown Jackson on 03/06/2015. (lckbj2) (Entered: 03/06/2015)
2015-03-06	38	ANSWER to Complaint by ANIMAL HEALTH INSTITUTE.(rdj) (Entered: 03/06/2015)
2015-03-06	39	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ANIMAL HEALTH INSTITUTE (rdj) (Entered: 03/06/2015)
2015-03-06	40	MOTION for Summary Judgment by ANIMAL HEALTH INSTITUTE (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 03/06/2015)
2015-04-02	41	Cross MOTION for Summary Judgment and Opposition by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Statement of Facts, # 2 Exhibit (1) Blackwell Declaration, # 3 Exhibit (2) Price Testimony, # 4 Exhibit (3) (3) 2009 ADUFA Summary, # 5 Exhibit (4) 2012 ADUFA Summary, # 6 Exhibit (5) Ikerd Declaration, # 7 Exhibit (6) Levins Declaration, # 8 Statement of Facts Response to FDA, # 9 Statement of Facts Response to AHI, # 10 Text of Proposed Order)(Condit, Richard) (Entered: 04/02/2015)
2015-04-03		NOTICE OF ERROR re 41 Motion for Summary Judgment; emailed to richardc@whistleblower.org, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. same document using th (Entered: 04/03/2015)
2015-04-03	42	Memorandum in opposition to re 32 MOTION for Summary Judgment , 40 MOTION for Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Statement of Facts Plntf Statement of Material Facts, # 2 Statement of Facts Response to FDA Facts, # 3 Statement of Facts Response to AHI Facts, # 4 Exhibit (1) Blackwell Declaration, # 5 Exhibit (2) Price Testimony, # 6 Exhibit (3) 2009 ADUFA Summary, # 7 Exhibit (4) 2012 ADUFA Summary, # 8 Exhibit (5) Ikerd Declaration, # 9 Exhibit (6) Levins Declaration, # 10 Text of Proposed Order)(Condit, Richard) (Entered: 04/03/2015)
2015-04-09		MINUTE ORDER granting as conceded Defendant's 33 Motion for Leave to File Declaration Ex Parte and In Camera. Signed by Judge Ketanji Brown Jackson on 4/9/2015. (lckbj2) (Entered: 04/09/2015)
2015-04-10	43	NOTICE of Filing Unredacted Declaration in camera by FOOD & DRUG ADMINISTRATION re 32 MOTION for Summary Judgment (McBarnette, Andrea) (Entered: 04/10/2015)
2015-05-01	44	REPLY to opposition to motion re 41 Cross MOTION for Summary Judgment and Opposition Defendant Food and Drug Administration's Reply in Support of Its Renewed Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by FOOD & DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit M, # 3 Exhibit N, # 4 Exhibit O, # 5 Exhibit P)(McBarnette, Andrea) (Entered: 05/01/2015)
2015-05-01	45	REPLY to opposition to motion re 41 Cross MOTION for Summary Judgment and Opposition , 40 MOTION for Summary Judgment filed by ANIMAL HEALTH INSTITUTE. (Attachments: # 1 Statement of Facts Response to GAP Statement of Facts, # 2 Exhibit)(Duraiswamy, Shankar) (Entered: 05/01/2015)
2015-05-01	46	Memorandum in opposition to re 41 Cross MOTION for Summary Judgment and Opposition filed by FOOD & DRUG ADMINISTRATION. (See Docket Entry 44 to view document). (znmw, ) (Entered: 05/04/2015)
2015-05-01	47	Memorandum in opposition to re 41 Cross MOTION for Summary Judgment and Opposition filed by ANIMAL HEALTH INSTITUTE. (See Docket Entry 45 to view document). (znmw, ) (Entered: 05/04/2015)
2015-05-15	48	NOTICE OF SUBSTITUTION OF COUNSEL by John G. Interrante on behalf of FOOD & DRUG ADMINISTRATION Substituting for attorney Andrea McBarnette (Interrante, John) (Entered: 05/15/2015)
2015-05-26	49	REPLY to opposition to motion re 32 MOTION for Summary Judgment , 41 Cross MOTION for Summary Judgment and Opposition , 40 MOTION for Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit Pl. Exhibit 7 - 2013 ADUFA, # 2 Declaration Pl. Exhibit 8 - Dr. Ikerd Supp. Decl., # 3 Declaration Pl. Exhibit 9 - Dr. Levins Supp. Decl.)(Condit, Richard) (Entered: 05/26/2015)
2015-06-12	50	NOTICE of Appearance by Fred Elmore Haynes on behalf of FOOD & DRUG ADMINISTRATION (Haynes, Fred) (Entered: 06/12/2015)
2015-07-09	51	NOTICE of Appearance by Sarah L. Nash on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Nash, Sarah) (Entered: 07/09/2015)
2015-07-28	52	NOTICE OF SUBSTITUTION OF COUNSEL by Karen J. Gray on behalf of GOVERNMENT ACCOUNTABILITY PROJECT Substituting for attorney Richard E. Condit (Gray, Karen) (Entered: 07/28/2015)
2015-12-18	53	NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 12/18/2015)
2016-02-28	54	NOTICE OF WITHDRAWAL OF APPEARANCE as to FOOD & DRUG ADMINISTRATION. Attorney John G. Interrante terminated. (Interrante, John) (Entered: 02/28/2016)
2016-08-26	55	ORDER denying Defendant's 32 Motion for Summary Judgment, denying Intervenor-Defendant's 40 Motion for Summary Judgment, denying Plaintiff's 41 Motion for Summary Judgment, and setting aStatus Conference for 9/22/2016 at 2:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. See attached order and accompanying Memorandum Opinion for details. Signed by Judge Ketanji Brown Jackson on August 26, 2016. (lckbj3, ) (Entered: 08/26/2016)
2016-08-26	56	MEMORANDUM OPINION denying Defendant's 32 Motion for Summary Judgment, denying Intervenor-Defendant's 40 Motion for Summary Judgment, and denying Plaintiff's 41 Motion for Summary Judgment. See attached document for details. Signed by Judge Ketanji Brown Jackson on August 26, 2016. (lckbj3, ) (Entered: 08/26/2016)
2016-09-22		Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 9/22/2016. Joint Status Report due by 10/17/2016. (Court Reporter Barbara DeVico) (nbn) (Entered: 09/22/2016)
2016-09-22		MINUTE ORDER. In light of the parties' representations at the status conference held on September 22, 2016, the parties are hereby ORDERED to file a joint status report on or before October 17, 2016, which shall contain a proposal and schedule for further proceedings. Signed by Judge Ketanji Brown Jackson on 09/22/2016. (lckbj3) (Entered: 09/22/2016)
2016-09-23	57	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew Topic, :Firm- Loevy & Loevy, :Address- 311 N. Aberdeen, Third Floor, Chicago, IL 60607. Phone No. - (312) 234-5900. Fax No. - (312) 243-5902 Filing fee $ 100, receipt number 0090-4684453. Fee Status: Fee Paid. by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Nash, Sarah) (Entered: 09/23/2016)
2016-09-27		MINUTE ORDER granting 57 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Matthew Topic is admitted pro hac vice as counsel for Plaintiff. Signed by Judge Ketanji Brown Jackson on 09/27/2016. (lckbj1) (Entered: 09/27/2016)
2016-10-17	58	Joint STATUS REPORT by ANIMAL HEALTH INSTITUTE. (Duraiswamy, Shankar) (Entered: 10/17/2016)
2016-10-24	59	ORDER setting schedule for further proceedings. See attached order for details. Signed by Judge Ketanji Brown Jackson on 10/24/2016. (lckbj3) (Entered: 10/24/2016)
2016-11-10	60	Consent MOTION for Extension of Time to File Direct Testimony by ANIMAL HEALTH INSTITUTE (Attachments: # 1 Text of Proposed Order)(Duraiswamy, Shankar) (Entered: 11/10/2016)
2016-11-14		MINUTE ORDER granting, for good cause shown, 60 Consent Motion For Extension of Time to File Direct Testimony. It is hereby ORDERED that the parties shall submit written declarations or affidavits that will serve as the direct testimony of each respective declarant or affiant by December 21, 2016. It is FURTHER ORDERED that the parties shall file a notice with the Court identifying all declarants or affiants they intend to cross-examine at the evidentiary hearing by January 6, 2017. Signed by Judge Ketanji Brown Jackson on 11/14/2016. (lckbj3) (Entered: 11/14/2016)
2016-12-21	61	NOTICE of Filing Declarations and Exhibits by FOOD & DRUG ADMINISTRATION (Attachments: # 1 Declaration Garcia-Malen, # 2 Declaration Batallier, # 3 Declaration Zolyna, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5)(McBride, Patricia) (Entered: 12/21/2016)
2016-12-21	62	NOTICE of filing of declarations by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Declaration Blackwell, # 2 Declaration Levins)(Nash, Sarah) (Entered: 12/21/2016)
2016-12-21	63	NOTICE of Filing of Declarations by ANIMAL HEALTH INSTITUTE (Attachments: # 1 Declaration of Harper, # 2 Declaration of Szeszycki, # 3 Declaration of Bormann, # 4 Declaration of Dowson, # 5 Declaration of Elam)(Duraiswamy, Shankar) (Entered: 12/21/2016)
2016-12-22	64	NOTICE of Filing of Corrected Declaration by ANIMAL HEALTH INSTITUTE (Attachments: # 1 Declaration of Dowson (Corrected))(Duraiswamy, Shankar) (Entered: 12/22/2016)
2017-01-05	65	NOTICE by FOOD & DRUG ADMINISTRATION (McBride, Patricia) (Entered: 01/05/2017)
2017-01-05	66	MOTION for Leave to Appear telephonically by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Text of Proposed Order)(Nash, Sarah) (Entered: 01/05/2017)
2017-01-06	67	NOTICE Identifying Declarants for Cross-Examination by ANIMAL HEALTH INSTITUTE (Duraiswamy, Shankar) (Entered: 01/06/2017)
2017-01-06	68	NOTICE Identifying Declarants for Cross-Examination by GOVERNMENT ACCOUNTABILITY PROJECT (Nash, Sarah) (Entered: 01/06/2017)
2017-01-06		ORDER granting 66 Motion for Leave to Appear Telephonically. Signed by Judge Ketanji Brown Jackson on 1/6/2017. (lckbj3) (Entered: 01/06/2017)
2017-01-06	69	NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT ACCOUNTABILITY PROJECT. Attorney Sarah L. Nash terminated. (Nash, Sarah) (Entered: 01/06/2017)
2017-01-12		Minute Entry; for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 1/12/2017. Scheduling Order to issue via chambers. Motion Hearing set for 5/2/2017 at 09:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. (Court Reporter Barbara DeVico) (hs) (Entered: 01/12/2017)
2017-01-13	70	ORDER REGARDING PROCEDURES FOR THE EVIDENTIARY HEARING. See attached order for details. Signed by Judge Ketanji Brown Jackson on 1/13/2017. (lckbj3) (Entered: 01/13/2017)
2017-03-01	71	MOTION to Dismiss Without Prejudice by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Text of Proposed Order)(Gray, Karen) (Entered: 03/01/2017)
2017-03-01		MINUTE ORDER granting 71 Plaintiff's Motion for Voluntary Dismissal Without Prejudice. In light of Plaintiff's representations in its 71 motion, it is hereby ORDERED that this case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Ketanji Brown Jackson on 3/1/2017. (lckbj3) (Entered: 03/01/2017)
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