| Date Filed | Doc # | Docket Text |
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| 2019-07-19 | 1 | COMPLAINT against U.S. Food & Drug Administration. (Filing Fee $ 400.00, Receipt Number ANYSDC-17278146)Document filed by Patrick Radden Keefe. (Attachments: # 1 Exhibit A)(Novack, Daniel) (Entered: 07/19/2019) |
| 2019-07-19 | 2 | CIVIL COVER SHEET filed. (Novack, Daniel) (Entered: 07/19/2019) |
| 2019-07-19 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Food & Drug Administration, re: 1 Complaint. Document filed by Patrick Radden Keefe. (Novack, Daniel) (Entered: 07/19/2019) |
| 2019-07-22 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 07/22/2019) |
| 2019-07-22 | | Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 07/22/2019) |
| 2019-07-22 | | Case Designated ECF. (pc) (Entered: 07/22/2019) |
| 2019-07-22 | 4 | ELECTRONIC SUMMONS ISSUED as to U.S. Food & Drug Administration. (pc) (Entered: 07/22/2019) |
| 2019-08-02 | 5 | AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. U.S. Food & Drug Administration served on 8/2/2019, answer due 9/3/2019. Service was made by Mail. Document filed by Patrick Radden Keefe. (Novack, Daniel) (Entered: 08/02/2019) |
| 2019-08-09 | 6 | ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/09/2019) (ama) (Entered: 08/09/2019) |
| 2019-08-15 | 7 | NOTICE OF APPEARANCE by Steven John Kochevar on behalf of U.S. Food & Drug Administration. (Kochevar, Steven) (Entered: 08/15/2019) |
| 2019-08-26 | 8 | LETTER MOTION for Extension of Time to Respond to Plaintiff's Complaint addressed to Magistrate Judge Kevin Nathaniel Fox from Steven J. Kochevar dated August 26, 2019. Document filed by U.S. Food & Drug Administration.(Kochevar, Steven) (Entered: 08/26/2019) |
| 2019-09-03 | 9 | ORDER granting 8 Letter Motion by the defendant for Extension of Time, to October 3, 2019, to respond to the complaint. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) (Entered: 09/03/2019) |
| 2019-10-03 | 10 | ANSWER to 1 Complaint. Document filed by U.S. Food & Drug Administration.(Kochevar, Steven) (Entered: 10/03/2019) |
| 2019-10-18 | 11 | ORDER: Initial Conference set for 11/12/2019 at 10:00 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/18/2019) (ks) (Entered: 10/18/2019) |
| 2019-11-01 | 12 | LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Steven J. Kochevar dated November 1, 2019. Document filed by U.S. Food & Drug Administration.(Kochevar, Steven) (Entered: 11/01/2019) |
| 2019-11-06 | 13 | ORDER granting 12 Letter Motion to Adjourn Conference Initial Conference set for 11/21/2019 at 02:00 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) (Entered: 11/06/2019) |
| 2019-11-13 | 14 | JOINT LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Steven J. Kochevar dated November 13, 2019 re: Exemption from Certain Aspects of Rule 26 and Request to Not Submit a Questionnaire in Advance of the November 21, 2019 Initial Conference. Document filed by U.S. Food & Drug Administration.(Kochevar, Steven) (Entered: 11/13/2019) |
| 2019-11-14 | 15 | MEMO ENDORSEMENT on re: 14 Letter, filed by U.S. Food & Drug Administration ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/14/2019) (ks) (Entered: 11/14/2019) |
| 2019-11-21 | | Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: An Initial Pretrial Conference was held on 11/21/2019. (Midwood, Laura) (Entered: 11/22/2019) |
| 2019-12-12 | 16 | PROPOSED STIPULATION AND ORDER. Document filed by U.S. Food & Drug Administration. (Kochevar, Steven) (Entered: 12/12/2019) |
| 2019-12-17 | 17 | STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED that 1. FDA will review at least 2,000 pages of documents potentially responsive to Categories One through Four of Plaintiff's FOIA request and release all non-exempt documents in whole or in part consistent with the agency's duty to release all reasonably segregable non-exempt responsive records. FDA will commence this production within 30 days of entry of this Order, and will complete this production within 75 days of entry of this Order. As further set forth herein. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/16/2019) (ks) (Entered: 12/17/2019) |
| 2020-03-30 | 18 | LETTER MOTION for Extension of Time and Clarificatin of Modification of Stipulation addressed to Magistrate Judge Kevin Nathaniel Fox from AUSA Steven J. Kochevar dated March 30, 2020. Document filed by U.S. Food & Drug Administration..(Kochevar, Steven) (Entered: 03/30/2020) |
| 2020-04-01 | 19 | ORDER granting 18 Letter Motion for modification of the order appearing at Docket Entry No. 17 and an extension of time to April 27, 2020, to complete certain tasks. Docket Entry No.17 is hereby modified consistent with the request outlined in the letter appearing at Docket No. 18. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) (Entered: 04/01/2020) |
| 2020-06-16 | 20 | ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above captioned action on July 14, 2020, at 2:00 p.m. All counsel are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Telephone Conference set for 7/14/2020 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/16/2020) (va) (Entered: 06/16/2020) |
| 2020-07-14 | | Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 7/14/2020. (Midwood, Laura) (Entered: 07/17/2020) |
| 2020-08-27 | 21 | PROPOSED STIPULATION AND ORDER. Document filed by U.S. Food & Drug Administration..(Kochevar, Steven) (Entered: 08/27/2020) |
| 2020-08-27 | 22 | LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from AUSA Steven J. Kochevar dated August 27, 2020 re: Electronic Signature on Second Stipulation and Proposed Order (ECF No. 21). Document filed by U.S. Food & Drug Administration..(Kochevar, Steven) (Entered: 08/27/2020) |
| 2020-09-05 | 23 | SECOND STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED that 1. Paragraph 2 of the First Stipulation shall be deemed to be satisfied by FDA if it completes the following: a. FDA will review emails and attachments from the Review Population at a rate of least 1,000 pages per month in the following priority order ("Priority Order") (although Tiers may be combined as long as the Priority Order is maintained), and will produce on a rolling monthly basis all reasonably segregable, non-exempt emails and attachments therefrom that are responsive to both (i) Categories Five and Six of plaintiffs FOIA request and (ii) the following search terms as further set forth in this Stipulation. b. Within six (6) months after the entry of this Second Stipulation, FDA will produce all reasonably segregable, non-electronic memoranda from the Review Population responsive to Categories Five and Six of plaintiff's FOIA request, except that the Priority Order shall have precedence over the review and production of non-electronic memoranda, such that at FDA will review at least 500 pages per month from the Priority Order until that review is complete, and the parties will meet and confer in good faith if this non-electronic memoranda provision cannot be met because of remote work due to the ongoing COVID-19 pandemic or for another reason. 2.Paragraph 3 of the First Stipulation is modified to eliminate plaintiff's right to challenge, at the summary judgment stage, the reasonableness of FDA's search for emails responsive to Category Six of plaintiff's FOIA request. Summary judgment briefing, if any, will therefore be limited to the adequacy of FDA's search for non-electronic memoranda and any exemptions claimed by FDA. 3.Neither this Stipulation nor the First Stipulation limits plaintiff's right to file future FOIA requests, including for records responsive to his May 10, 2019, FOIA request. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/5/20) (yv) (Entered: 09/08/2020) |
| 2020-09-10 | 24 | JOINT LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from AUSA Steven J. Kochevar dated September 10, 2020 re: Status Update. Document filed by U.S. Food & Drug Administration..(Kochevar, Steven) (Entered: 09/10/2020) |
| 2021-02-11 | 25 | NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of U.S. Food & Drug Administration..(Teleanu, Natasha) (Entered: 02/11/2021) |
| 2021-02-11 | 26 | LETTER MOTION to Substitute Attorney. Old Attorney: AUSA Steven J. Kochevar, New Attorney: AUSA Natasha W. Teleanu addressed to Magistrate Judge Kevin Nathaniel Fox from AUSA Steven J. Kochevar dated February 11, 2021. Document filed by U.S. Food & Drug Administration..(Kochevar, Steven) (Entered: 02/11/2021) |
| 2021-02-13 | 27 | ORDER granting 26 Letter Motion to Substitute Attorney. Attorney Steven John Kochevar terminated. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) Transmission to Attorney Services/Help Desk. (Entered: 02/13/2021) |
| 2021-02-19 | 28 | PROPOSED STIPULATION AND ORDER. Document filed by U.S. Food & Drug Administration..(Teleanu, Natasha) (Entered: 02/19/2021) |
| 2021-02-23 | 29 | STIPULATION AND ORDER OF SETTLEMENT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel, as follows: This stipulation and order fully resolves any and all claims Plaintiff now has or may hereafter acquire against United States of America (the "United States"), or any department, agency, officer, or employee of the United States, including FDA, related to or arising out of Plaintiff's FOIA Request at issue in this action, other than Plaintiff's claim pursuant to 5 U.S.C.§ 552(a)(4)(E) for attorney's fees and litigation costs. After the Court has approved and docketed ("entered") this Stipulation and Order of Settlement (the "Stipulation and Order"), within a reasonable time, FDA shall pay to Plaintiff the sum of $8,925.00 (the "Settlement Amount") in attorney's fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept as full payment of any attorney's fees and costs Plaintiff has incurred or will incur in this action or in connection with this action, in the district court, the court of appeals, or otherwise. Payment of the Settlement Amount shall be made by electronic funds transfer, and counsel for Plaintiff will provide the necessary information to counsel for FDA to effectuate the transfer. The terms of this Stipulation and Order shall become effective upon its entry by the Court. If the Stipulation and Order is not approved and entered by the Court, it shall be null and void, with no force or effect. Upon entry of this Stipulation and Order by the Court, this action will be dismissed with prejudice, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. The Clerk of Court is respectfully directed to close this case. And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/22/2021) (ama) (Entered: 02/23/2021) |
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