| Date Filed | Doc # | Docket Text |
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| 2013-04-11 | 1 | COMPLAINT against NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ( Filing fee $ 350 receipt number 0090-3281328) filed by AMERICAN CHEMISTRY COUNCIL, INC.. (Attachments: # 1 Exhibit Exhibit 1 to Complaint, # 2 Exhibit Exhibit 2 to Complaint, # 3 Exhibit Exhibit 3 to Complaint, # 4 Summons United States Department of Health and Human Services, # 5 Summons National Institutes of Health, # 6 Summons Attorney General of the United States, # 7 Summons United States Attorney for the District of Columbia, # 8 Civil Cover Sheet)(Biles, Blake) (Entered: 04/11/2013) |
| 2013-04-11 | 2 | LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CHEMISTRY COUNCIL, INC. (Biles, Blake) (Entered: 04/11/2013) |
| 2013-04-11 | 3 | NOTICE Notice of Designation of Related Civil Cases by AMERICAN CHEMISTRY COUNCIL, INC. re 1 Complaint,, 2 LCvR 7.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests (Biles, Blake) (Entered: 04/11/2013) |
| 2013-04-11 | 4 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kent A. Yalowitz, :Firm- Arnold & Porter LLP., :Address- 399 Park Avenue, N.Y., NY. 10022. Phone No. - 212.715.1000. Fax No. - 212.715.1399 by AMERICAN CHEMISTRY COUNCIL, INC. (Attachments: # 1 Declaration)(Biles, Blake) (Entered: 04/11/2013) |
| 2013-04-11 | | Case Assigned to Judge James E. Boasberg. (md, ) (Entered: 04/12/2013) |
| 2013-04-12 | | MINUTE ORDER granting 4 Motion for Admission Pro Hac Vice of KENT A. YALOWITZ. Signed by Judge James E. Boasberg on 4/12/13. (lcjeb4) (Entered: 04/12/2013) |
| 2013-04-12 | 5 | ELECTRONIC SUMMONS Issued (4) as to NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Summons 4th, # 4 Notice of Consent, # 5 Consent Form)(md, ) (Entered: 04/12/2013) |
| 2013-05-03 | 6 | ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General April 24, 2013. (Biles, Blake) Modified on 5/3/2013 (td, ). (Entered: 05/03/2013) |
| 2013-05-03 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/24/2013 (Biles, Blake) (Entered: 05/03/2013) |
| 2013-05-03 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 4/26/2013 (Biles, Blake) (Entered: 05/03/2013) |
| 2013-05-03 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 5/1/2013. Answer due for ALL D.C. DEFENDANTS by 5/22/2013. (Biles, Blake) (Entered: 05/03/2013) |
| 2013-05-03 | | NOTICE OF CORRECTED DOCKET ENTRY: re 6 Summons Returned Executed as to U.S. Attorney General was entered in error and counsel was instructed to refile said pleading. (td, ) (Entered: 05/03/2013) |
| 2013-05-03 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/29/2013. (Biles, Blake) (Entered: 05/03/2013) |
| 2013-05-03 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2013. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2013. (td, ) (Entered: 05/03/2013) |
| 2013-05-03 | | NOTICE OF CORRECTED DOCKET ENTRY: re 9 Summons Returned Executed as to DC Attorney General was entered in error and refiled as docket entry no. 11 . (td, ) (Entered: 05/03/2013) |
| 2013-05-22 | 12 | NOTICE of Appearance by Peter Bryce on behalf of All Defendants (Bryce, Peter) (Entered: 05/22/2013) |
| 2013-05-31 | 13 | MOTION to Dismiss by NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Declaration of Patricia M. Mantoan, # 2 Exhibit Mantoan Exhibits, # 3 Text of Proposed Order)(Bryce, Peter) (Entered: 05/31/2013) |
| 2013-06-11 | 14 | Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss by AMERICAN CHEMISTRY COUNCIL INC (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Biles, Blake) (Entered: 06/11/2013) |
| 2013-06-11 | | MINUTE ORDER: Plaintiff's 14 Unopposed Motion for Extension of Time is hereby GRANTED. Plaintiff shall file its Opposition to Defendants' Motion to Dismiss on or before July 8, 2013. Signed by Judge James E. Boasberg on 6/11/13. (lcjeb4) (Entered: 06/11/2013) |
| 2013-06-12 | | Set/Reset Deadline: Plaintiff shall file its Opposition to Defendants' Motion to Dismiss on or before 7/8/2013. (ad) (Entered: 06/12/2013) |
| 2013-06-13 | 15 | MOTION for Scheduling Order RESPONSE TO MOTION FOR EXTENSION OF TIME AND CROSS-MOTION FOR RULE 16 SCHEDULING CONFERENCE by AMERICAN CHEMISTRY COUNCIL INC (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Yalowitz, Kent) (Entered: 06/13/2013) |
| 2013-06-13 | | MINUTE ORDER: As the parties are doubtless aware, the Court would prefer not to spend its time resolving extension and scheduling disputes. Although Plaintiff's latest request regarding scheduling seems reasonable on its face, Plaintiff fails to indicate what Defendants' position is, thereby necessitating the Court's investigation or further briefing. The Court, accordingly, ORDERS that Defendant's 15 Motion for Scheduling Order is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(m). Signed by Judge James E. Boasberg on 6/13/13. (lcjeb4) (Entered: 06/13/2013) |
| 2013-06-14 | 16 | MOTION for Scheduling Order RENEWED MOTION FOR RULE 16 SCHEDULING CONFERENCE by AMERICAN CHEMISTRY COUNCIL INC (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Yalowitz, Kent) (Entered: 06/14/2013) |
| 2013-06-14 | | MINUTE ORDER: Defendants shall respond to Plaintiff's 16 Motion on or before 6/17/13. Signed by Judge James E. Boasberg on 6/14/13. (lcjeb4) (Entered: 06/14/2013) |
| 2013-06-14 | | Set/Reset Deadlines: Defendants shall respond to Plaintiff's 16 Motion on or before 6/17/2013. (ad) (Entered: 06/14/2013) |
| 2013-06-17 | 17 | Memorandum in opposition to re 16 MOTION for Scheduling Order RENEWED MOTION FOR RULE 16 SCHEDULING CONFERENCE filed by NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 06/17/2013) |
| 2013-06-17 | 18 | REPLY to opposition to motion re 16 MOTION for Scheduling Order RENEWED MOTION FOR RULE 16 SCHEDULING CONFERENCE filed by AMERICAN CHEMISTRY COUNCIL INC. (Yalowitz, Kent) (Entered: 06/17/2013) |
| 2013-06-18 | | MINUTE ORDER: Plaintiff has filed a Motion for Scheduling Order in this case, as well as in 12-cv-1156. The Court ORDERS that the Motion is DENIED as to case 12-1156. That matter is in briefing and does not apparently need a further scheduling order. The Court ORDERS that the 16 Motion is GRANTED IN PART as to case 13-495. Given that a final agency decision is anticipated by June 28, the Court ORDERS that by July 3, 2013, the parties shall file a joint proposed scheduling order covering further briefing; if they are unable to agree, they may file separate proposed scheduling orders by the same date. Signed by Judge James E. Boasberg on 6/18/13. (lcjeb4) (Entered: 06/18/2013) |
| 2013-06-18 | | Set/Reset Deadline: Parties shall file a joint proposed scheduling order by 7/03/2013, covering further briefing; if they are unable to agree, they may file separate proposed scheduling orders by the same date. (ad) (Entered: 06/18/2013) |
| 2013-07-03 | 19 | MOTION for Scheduling Order by NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order, # 5 Text of Proposed Order (Alternative Scheduling Order))(Bryce, Peter) (Entered: 07/03/2013) |
| 2013-07-03 | 20 | NOTICE of Proposed Order Notice of Filing of Proposed Scheduling Order by AMERICAN CHEMISTRY COUNCIL INC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Biles, Blake) (Entered: 07/03/2013) |
| 2013-07-03 | 21 | RESPONSE to Plaintiff's Proposed Order filed by NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bryce, Peter) (Entered: 07/03/2013) |
| 2013-07-05 | | MINUTE ORDER: As the parties remain unable to agree on what appear to the Court to be relatively straightforward matters, the Court ORDERS that the following scheduling order shall govern: 1) By July 15, 2013, Plaintiff may file a Supplemental Complaint and need not file a new action; 2) Defendants' 13 Motion to Dismiss is DENIED WITHOUT PREJUDICE as moot; 3) Defendants shall respond to the Supplemental Complaint by August 17, 2013; 4) In the event that Defendants do not move to dismiss, they shall file a motion for summary judgment by September 6, 2013; 5) Plaintiff shall file its opposition (and, if it desires, a cross-motion) by September 23, 2013; 6) Defendants shall file their reply (and, if applicable, opposition) by October 3, 2013; and 7) If applicable, Plaintiff shall file any reply by October 10, 2013. Signed by Judge James E. Boasberg on 7/5/13. (lcjeb4) (Entered: 07/05/2013) |
| 2013-07-05 | | ocument. (td, ) (Entered: 07/05/2013) |
| 2013-07-05 | | NOTICE OF CORRECTED DOCKET ENTRY: re 19 MOTION for Scheduling Order was entered in error and counsel was instructed to refile said pleading. (td, ) (Entered: 07/05/2013) |
| 2013-07-05 | | Set/Reset Deadlines/Hearings: Supplemental Complaint due by 7/15/2013; Answer due by 8/17/2013. Summary Judgment motion due by 9/6/2013; Cross-Motion and Opposition to Motion for Summary Judgment due by 9/23/2013 Reply to Opposition to Motion for Summary Judgment and Opposition to Cross-Motion due by 10/3/2013; Reply to Opposition to Cross Motion due by 10/10/2013. (tg, ) (Entered: 07/05/2013) |
| 2013-07-08 | 22 | AMENDED COMPLAINT Supplemental Complaint against NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by AMERICAN CHEMISTRY COUNCIL INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Yalowitz, Kent) (Entered: 07/08/2013) |
| 2013-08-16 | 23 | MOTION to Dismiss by NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Declaration, # 2 Exhibit Exhibits 1-5 of Declaration, # 3 Text of Proposed Order)(Bryce, Peter) (Entered: 08/16/2013) |
| 2013-09-13 | 24 | NOTICE of Plaintiff's Failure to File Opposition to Defendants' Motion to Dismiss by NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Bryce, Peter) (Entered: 09/13/2013) |
| 2013-09-17 | 25 | NOTICE of Voluntary Dismissal re Defendant United States Department of Health and Human Services and Defendant National Institutes of Health (Biles, Blake) (Entered: 09/17/2013) |
| 2013-09-17 | | MINUTE ORDER: Per Plaintiff's Notice, the Court ORDERS that the case is DISMISSED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 09/17/2013. (lcjeb4) (Entered: 09/17/2013) |
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