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Case TitleBBK Tobacco & Foods LLP v. US Department of Health and Human Services
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2020cv00053
Date Filed2020-01-08
Date Closed2020-07-02
JudgeMagistrate Judge Camille D Bibles
PlaintiffBBK Tobacco & Foods LLP
doing business as HBI International
Case DescriptionBBK Tobacco & Foods submitted a FOIA request to the FDA for records concerning communications between the agency and a number of Tobacco companies and named employees pertaining to BBK Tobacco & Foods. The agency acknowledged receipt of the request. The agency located 747 pages. It released 605 pages and withheld 142 pages in full under Exemption 4 (confidential business information). BBK Tobacco & Foods filed an administrative appeal, arguing that many of the documents were not responsive and challenging the adequacy of the agency's search. After hearing nothing further from the agency, BBK Tobacco & Foods filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Department of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-01-081COMPLAINT FOR INJUNCTIVE RELIEF - Filing fee received: $ 400.00, receipt number 0970-17811692 filed by BBK Tobacco & Foods LLP. (Long, Frank) (Attachments: # 1 Civil Cover Sheet)(MCO) (Entered: 01/08/2020)
2020-01-082SUMMONS Submitted by BBK Tobacco & Foods LLP. (Long, Frank) (MCO) (Entered: 01/08/2020)
2020-01-083Filing fee paid, receipt number 0970-17811692. This case has been assigned to the Honorable Camille D Bibles. All future pleadings or documents should bear the correct case number: CV-20-0053-PHX-CDB. Magistrate Election form attached. (MCO) (Entered: 01/08/2020)
2020-01-084Summons Issued as to US Department of Health and Human Services. (MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/08/2020)
2020-01-085NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to BBK Tobacco & Foods LLP. (MCO) (Entered: 01/08/2020)
2020-01-086NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by BBK Tobacco & Foods LLP. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) (Entered: 01/08/2020)
2020-01-168Corporate Disclosure Statement by BBK Tobacco & Foods LLP. (Long, Frank) (Entered: 01/16/2020)
2020-01-169Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 01/17/2020)
2020-01-2910SUMMONS Submitted by BBK Tobacco & Foods LLP. (Long, Frank) (Entered: 01/29/2020)
2020-01-3011Summons Issued as to US Department of Health and Human Services. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/30/2020)
2020-03-0212First MOTION for Extension of Time to File Answer by US Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Staes, William) (Entered: 03/02/2020)
2020-03-0313ORDER - IT IS ORDERED that Defendant's unopposed motion seeking additional time to answer or otherwise respond to the Complaint (ECF No. 12 ) is granted. Accordingly, Defendant shall have until March 16, 2020, to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Camille D Bibles on 3/3/20. (SLQ) (Entered: 03/03/2020)
2020-03-0414NOTICE of Errata re: 12 First MOTION for Extension of Time to File Answer by Defendant US Department of Health and Human Services.. (Staes, William) (Entered: 03/04/2020)
2020-03-1315ANSWER to 1 Complaint by US Department of Health and Human Services.(Staes, William) (Entered: 03/13/2020)
2020-03-2317Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/24/2020)
2020-03-2418Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Camille D Bibles conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/24/2020)
2020-03-2519ORDER SETTING SCHEDULING CONFERENCE - Telephonic Scheduling Conference set for 4/28/2020 at 09:00 AM before Magistrate Judge Camille D Bibles. (See document for further details). Signed by Magistrate Judge Camille D Bibles on 3/25/2020. (LAD) (Entered: 03/25/2020)
2020-04-1320MOTION to Vacate by US Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Staes, William) (Entered: 04/13/2020)
2020-04-1421ORDER granting Defendant's 20 Motion to Vacate. Accordingly, the telephonic scheduling conference currently set for April 28, 2020 is vacated and reset to Friday, May 29, 2020 at 9:00 a.m. IT IS FURTHER ORDERED that parties shall file with the court not less than seven (7) days before the scheduling conference, a joint report reflecting the results of their meeting and outlining the discovery plan. All other requirements in the order at ECF No. 19 shall remain in full force and effect. Signed by Magistrate Judge Camille D Bibles on 4/14/2020. (CLB) (Entered: 04/14/2020)
2020-05-2222MOTION to Vacate AND RESET SCHEDULING CONFERENCE by US Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Staes, William) (Entered: 05/22/2020)
2020-05-2623ORDER - IT IS ORDERED that the parties' joint motion at ECF No. 22 is granted. Accordingly, the telephonic scheduling conference currently set for May 29, 2020, is vacated and re-set for June 12, 2020, at 9:30 a.m. M.S.T. All other provisions of the Order at ECF No. 19 shall remain in full force and effect. Signed by Magistrate Judge Camille D Bibles on 5/25/2020. (LAD) (Entered: 05/26/2020)
2020-06-0524MOTION to Vacate 23 Order, Set/Reset Hearings, Terminate Motions by US Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Staes, William) (Entered: 06/05/2020)
2020-06-0825ORDER - IT IS ORDERED that the parties' joint motion at ECF No. 24 is granted. Accordingly, the telephonic scheduling conference currently set for June 12, 2020, is vacated and re-set for July 13, 2020, at 1 p.m. M.S.T. All other provisions of the Order at ECF No. 19 shall remain in full force and effect. Signed by Magistrate Judge Camille D Bibles on 6/8/2020. (LAD) (Entered: 06/08/2020)
2020-06-2926STIPULATION of Dismissal by US Department of Health and Human Services. (Staes, William) (Entered: 06/29/2020)
2020-07-0227ORDER pursuant to the parties' 26 Stipulation. IT IS ORDERED that this matter is dismissed with prejudice, each party to bear its own costs and attorneys' fees. Signed by Magistrate Judge Camille D Bibles on 7/1/2020. (LFIG) (Entered: 07/02/2020)
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