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Case TitleAnimal Legal Defense Fund et al v. United States Food and Drug Administration
DistrictNorthern District of California
CitySan Francisco
Case Number3:2013cv04622
Date Filed2013-10-07
Date ClosedOpen
JudgeHon. Haywood S Gilliam, Jr
PlaintiffAnimal Legal Defense Fund a non-profit corporation
PlaintiffCenter for Food Safety a non-profit corporation
Case DescriptionBoth the Animal Legal Defense Fund and the Center for Food Safety made FOIA requests to the FDA for information about the animal drug ractopasmine. The FDA provided some previously disclosed records to ALDF and promised to provide more on a continuing basis. The agency did not respond to CFS's request. The two organizations then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Food and Drug Administration
Documents
Docket
Complaint
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-10-071COMPLAINT against United States Food and Drug Administration (Filing fee $ 400-#34611090265). Filed byCenter for Food Safety, Animal Legal Defense Fund. (hdjS, COURT STAFF) (Filed on 10/7/2013) (Entered: 10/08/2013)
2013-10-072ADR SCHEDULING ORDER: Case Management Statement due by 1/2/2014. Case Management Conference set for 1/9/2014 10:00 AM. (Attachments: # 1 Standing Order, # 2 Standing Order)(hdjS, COURT STAFF) (Filed on 10/7/2013) (Entered: 10/08/2013)
2013-10-073Summons Issued as to United States Food and Drug Administration. (hdjS, COURT STAFF) (Filed on 10/7/2013) (Entered: 10/08/2013)
2013-10-234CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Animal Legal Defense Fund, Center for Food Safety.. (Attachments: # 1 Certificate/Proof of Service)(Dillard, Carter) (Filed on 10/23/2013) (Entered: 10/23/2013)
2013-10-245SUMMONS Returned Executed by Center for Food Safety, Animal Legal Defense Fund. United States Food and Drug Administration served on 10/15/2013, answer due 12/16/2013. (Dillard, Carter) (Filed on 10/24/2013) (Entered: 10/24/2013)
2013-10-246SUMMONS Returned Executed (FOIA) by Center for Food Safety, Animal Legal Defense Fund. Amended (Dillard, Carter) (Filed on 10/24/2013) (Entered: 10/24/2013)
2013-10-247CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (rmm2S, COURT STAFF) (Filed on 10/24/2013) (Entered: 10/24/2013)
2013-10-258ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Maria-Elena James no longer assigned to the case. Signed by Executive Committee on 10/25/13. (sv, COURT STAFF) (Filed on 10/25/2013) (Entered: 10/25/2013)
2013-11-219CERTIFICATE OF SERVICE by Animal Legal Defense Fund, Center for Food Safety Amended POS (Attachments: # 1 Mailing Receipt)(Dillard, Carter) (Filed on 11/21/2013) (Entered: 11/21/2013)
2013-11-2110SUMMONS Returned Executed by Center for Food Safety, Animal Legal Defense Fund. United States Food and Drug Administration served on 10/22/2013, answer due 12/16/2013. , CERTIFICATE OF SERVICE by Center for Food Safety; Animal Legal Defense Fund (Attachments: # 1 Mailing Receipt)(Dillard, Carter) (Filed on 11/21/2013) (Entered: 11/21/2013)
2013-11-2511CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/6/2014. Case Management Conference set for Monday, 1/13/2014 02:00 PM before Judge Yvonne Gonzalez Rogers in Courtroom 5, 2nd Floor, Oakland. (Attachments: # 1 Standing Order) (fs, COURT STAFF) (Filed on 11/25/2013) (Entered: 11/25/2013)
2013-12-0212SUMMONS Returned Executed (FOIA) by Center for Food Safety, Animal Legal Defense Fund. United States Food and Drug Administration served on 11/22/2013, answer due 12/23/2013. (Attachments: # 1 Mailing Receipt, # 2 Tracking Receipt)(Dillard, Carter) (Filed on 12/2/2013) (Entered: 12/02/2013)
2013-12-1613STIPULATION WITH PROPOSED ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE filed by United States Food and Drug Administration, Center for Food Safety, Animal Legal Defense Fund. (Scharf, James) (Filed on 12/16/2013) Modified on 12/17/2013 (cpS, COURT STAFF). (Entered: 12/16/2013)
2013-12-1714Order by Hon. Yvonne Gonzalez Rogers granting 13 Stipulation Extending Time to Respond to Complaint and Continuing Initial Case Management Conference.(ygrlc2, COURT STAFF) (Filed on 12/17/2013) Modified on 12/18/2013 (cpS, COURT STAFF). (Entered: 12/17/2013)
2013-12-18***See document # 14 . Set Deadlines: Case Management Statement due by 3/3/2014. (cpS, COURT STAFF) (Filed on 12/18/2013) (Entered: 12/18/2013)
2014-02-2415ANSWER to Complaint byUnited States Food and Drug Administration. (Scharf, James) (Filed on 2/24/2014) Modified on 2/25/2014 (cpS, COURT STAFF). (Entered: 02/24/2014)
2014-02-2516SECOND STIPULATION WITH PROPOSED ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE filed by United States Food and Drug Administration, Animal Legal Defense Fund, Center for Food Safety. (Scharf, James) (Filed on 2/25/2014) Modified on 2/26/2014 (cpS, COURT STAFF). (Entered: 02/25/2014)
2014-02-2817ORDER by Judge Yvonne Gonzalez Rogers granting 16 Second Stipulation Continuing Initial Case Management Conference (fs, COURT STAFF) (Filed on 2/28/2014) (Entered: 02/28/2014)
2014-03-0618MOTION for leave to appear in Pro Hac Vice of Daniel Lutz ( Filing fee $ 305, receipt number 0971-8430994.) filed by Animal Legal Defense Fund. (Attachments: # 1 Exhibit WA Bar Certificate)(Lutz, Daniel) (Filed on 3/6/2014) (Entered: 03/06/2014)
2014-03-0719ORDER by Judge Yvonne Gonzalez Rogers granting 18 Motion for Pro Hac Vice as to Daniel Lutz representing Plaintiff Animal Legal Defense Fund. (fs, COURT STAFF) (Filed on 3/7/2014) (Entered: 03/07/2014)
2014-04-17CASE REASSIGNED to the Honorable Vince Chhabria, United States District Judge. All parties must review the reassignment order posted at http://cand.uscourts.gov/orders/vc-order.pdf and comply with its requirements, including submitting a case management statement. This is a text only docket entry. The reassignment order associated with this notice may be viewed at http://cand.uscourts.gov/orders/vc-order.pdf Case Management Statement due by 5/1/2014. Signed by Executive Committee on 4/17/14. (kc, COURT STAFF) (Filed on 4/17/2014) (Entered: 04/17/2014)
2014-04-2320JOINT CASE MANAGEMENT STATEMENT filed by United States Food and Drug Administration. (Scharf, James) (Filed on 4/23/2014) Modified on 4/23/2014 (farS, COURT STAFF). (Entered: 04/23/2014)
2014-04-2321AMENDED JOINT CASE MANAGEMENT STATEMENT filed by United States Food and Drug Administration. (Scharf, James) (Filed on 4/23/2014) Modified on 4/23/2014 (farS, COURT STAFF). (Entered: 04/23/2014)
2014-06-0322CLERKS NOTICE SCHEDULING A CASE MANAGEMENT CONFERENCE: Case Management Statement due by 11/10/2014. Case Management Conference set for 11/18/2014 10:00 AM in Courtroom 4, 17th Floor, San Francisco. This is a text only docket entry, there is no document associated with this notice. (knm, COURT STAFF) (Filed on 6/3/2014) (Entered: 06/03/2014)
2014-11-0423NOTICE of Substitution of Counsel by Warren Metlitzky for FDA (Metlitzky, Warren) (Filed on 11/4/2014) (Entered: 11/04/2014)
2014-11-0624JOINT CASE MANAGEMENT STATEMENT filed by United States Food and Drug Administration. (Metlitzky, Warren) (Filed on 11/6/2014) (Entered: 11/06/2014)
2014-11-1425CLERK'S NOTICE RESCHEDULING THE CASE MANAGEMENT CONFERENCE AT THE REQUEST OF THE PARTIES: Case Management Statement due by 4/21/2015. Case Management Conference set for 4/28/2015 10:00 AM in Courtroom 4, 17th Floor, San Francisco. This is a text only docket entry, there is no document associated with this notice. (knm, COURT STAFF) (Filed on 11/14/2014) (Entered: 11/14/2014)
2015-02-13CASE REASSIGNED to the Honorable Haywood S Gilliam, Jr., United States District Judge. All parties must review the reassignment order posted at http://cand.uscourts.gov/orders/hsg-order.pdf and comply with its requirements, including submitting a case management statement. This is a text only docket entry. The reassignment order associated with this notice may be viewed at http://cand.uscourts.gov/orders/hsg-order.pdf Case Management Statement due by 3/2/2015.. Signed by Executive Committee on 2/13/15. (farS, COURT STAFF) (Filed on 2/13/2015) (Entered: 02/13/2015)
2015-03-0226JOINT CASE MANAGEMENT STATEMENT filed by United States Food and Drug Administration. (Metlitzky, Warren) (Filed on 3/2/2015) (Entered: 03/02/2015)
2015-03-1127CLERK'S NOTICE. Notice is hereby given that a Case Management Conference has been set for April 21, 2015, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 15, 18th Floor, 450 Golden Gate Avenue, San Francisco, CA. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 3/11/2015) (Entered: 03/11/2015)
2015-04-1428JOINT CASE MANAGEMENT STATEMENT filed by United States Food and Drug Administration. (Metlitzky, Warren) (Filed on 4/14/2015) (Entered: 04/14/2015)
2015-04-2129Minute Entry for proceedings held before Haywood S. Gilliam, Jr.: Case Management Conference held on 4/21/2015. FTR Time 1:58:43-2:05:50. Plaintiff Attorney Paige Tomaselli. Defendant Attorney Warren Metlitzky. Matter is continued to August 25, 2015 at 2:00 p.m. for further case management conference. (This is a text minute entry, there is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 4/21/2015) (Entered: 04/22/2015)
2015-05-2630STIPULATION WITH PROPOSED ORDER re 29 Case Management Conference - Initial,, Set Deadlines/Hearings, To Continue CMC To 9/15 filed by United States Food and Drug Administration. (Metlitzky, Warren) (Filed on 5/26/2015) (Entered: 05/26/2015)
2015-05-2731Order granting 30 Stipulation entered by Hon. Haywood S Gilliam, Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/27/2015)
2015-05-28Reset Deadline/Hearing: Case Management Statement due by 9/8/2015; Case Management Conference set for 9/15/2015 02:00 PM. (ndrS, COURT STAFF) (Filed on 5/28/2015) (Entered: 05/28/2015)
2015-07-1532CLERK'S NOTICE. Notice is hereby given that the Case Management Conference, previously set for September 15, 2015, is continued to September 29, 2015, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 15, 18th Floor, 450 Golden Gate Avenue, San Francisco, CA. Case Management Statement due by September 22, 2015. (This is a text only docket entry, there is no document associated with this notice.) (ndrS, COURT STAFF) (Filed on 7/15/2015) (Entered: 07/15/2015)
2015-09-2233JOINT CASE MANAGEMENT STATEMENT filed by United States Food and Drug Administration. (Metlitzky, Warren) (Filed on 9/22/2015) (Entered: 09/22/2015)
2015-09-2834STIPULATION WITH PROPOSED ORDER to Vacate Case Management Conference filed by United States Food and Drug Administration. (Metlitzky, Warren) (Filed on 9/28/2015) (Entered: 09/28/2015)
2015-09-2935Order by Hon. Haywood S. Gilliam, Jr. denying 34 Stipulation to vacate case management conference. (This is a text-only entry. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 9/29/2015) (Entered: 09/29/2015)
2015-09-2936ORDER STAYING CASE. Status Report due by 4/1/2016. Signed by Judge Haywood S. Gilliam, Jr. on 9/29/2015. (ndrS, COURT STAFF) (Filed on 9/29/2015) (Entered: 09/29/2015)
2015-09-2937Minute Entry for proceedings held before Hon. Haywood S. Gilliam, Jr.: Case Management Conference held on 9/29/2015. FTR Time 2:37-2:45 (8 minutes). Plaintiff Attorney Jeffrey Pierce. Defendant Attorney Warren Metlitzky. The Court advises that it will stay the case, as discussed with counsel. (This is a text minute entry, there is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 9/29/2015) (Entered: 09/30/2015)
2016-04-0138STATUS REPORT Joint Status Report by United States Food and Drug Administration. (Metlitzky, Warren) (Filed on 4/1/2016) (Entered: 04/01/2016)
2016-04-0539NOTICE of Appearance by Cristina Rachel Stella (Stella, Cristina) (Filed on 4/5/2016) (Entered: 04/05/2016)
2016-06-2340NOTICE of Substitution of Counsel by Robin Michael Wall (Wall, Robin) (Filed on 6/23/2016) (Entered: 06/23/2016)
2016-10-0341STATUS REPORT by United States Food and Drug Administration. (Wall, Robin) (Filed on 10/3/2016) (Entered: 10/03/2016)
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by FOIA Project Staff
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