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Case TitleGOLDWATER INSTITUTE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02194
Date Filed2020-08-11
Date Closed2021-10-12
JudgeJudge Trevor N. McFadden
PlaintiffGOLDWATER INSTITUTE
Case DescriptionThe Goldwater Institute submitted a FOIA request to the FDA for records concerning the agency's review of EA submissions from major institutions. The Goldwater Institute also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency estimated the Goldwater Institute's request would take seven months to complete. After hearing nothing further from the agency, the Goldwater Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-111COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7449261) filed by GOLDWATER INSTITUTE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Civil Cover Sheet, # 11 Summons)(Levitt, Jonathan) (Entered: 08/11/2020)
2020-08-112LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GOLDWATER INSTITUTE (Levitt, Jonathan) (Entered: 08/11/2020)
2020-08-123ERRATA by GOLDWATER INSTITUTE 1 Complaint, filed by GOLDWATER INSTITUTE. (Attachments: # 1 Complaint)(Levitt, Jonathan) (Entered: 08/12/2020)
2020-08-13Case assigned to Judge Trevor N. McFadden. (zmc) (Entered: 08/13/2020)
2020-08-134STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 8/13/2020. (lctnm2) (Entered: 08/13/2020)
2020-08-135SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 08/13/2020)
2020-09-016ENTERED IN ERROR.....AFFIDAVIT re 1 Complaint, Proof of Service by GOLDWATER INSTITUTE. (Levitt, Jonathan) Modified on 9/3/2020 (eg). (Entered: 09/01/2020)
2020-09-03NOTICE OF CORRECTED DOCKET ENTRY: re 6 Affidavit was entered in error and counsel was instructed to refile said pleading using correct event. (eg) (Entered: 09/03/2020)
2020-09-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/24/2020 (Levitt, Jonathan) Modified party served on 9/9/2020 (eg). (Entered: 09/09/2020)
2020-09-138NOTICE of Appearance by Kathleene A. Molen on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Molen, Kathleene) (Entered: 09/13/2020)
2020-09-149ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/21/2020, answer due 10/20/2020; ATTORNEY GENERAL FOR THE UNITED STATES served on 8/24/2020, answer due 10/23/2020; U.S. ATTORNEY FOR THE DISTRICT OF COLUMBIA served on 8/20/2020, answer due 10/19/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/21/2020, answer due 10/20/2020; ATTORNEY GENERAL FOR THE UNITED STATES served on 8/24/2020, answer due 10/23/2020; U.S. ATTORNEY FOR THE DISTRICT OF COLUMBIA served on 8/20/2020, answer due 10/19/2020 (Levitt, Jonathan) Modified on 9/14/2020 (zjf). (Entered: 09/14/2020)
2020-09-14NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 9 Summons Returned Executed as to foreign state or agency, Summons Returned Executed as to Federal Defendant, was entered in error and counsel was instructed to refile said pleading. (zjf) (Entered: 09/14/2020)
2020-09-1410ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/21/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/24/20., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/20/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 9/19/2020.) (Levitt, Jonathan) Modified on 9/14/2020 (ztd). (Entered: 09/14/2020)
2020-09-14NOTICE OF CORRECTED DOCKET ENTRY: re 10 Summons Returned Executed as to Federal Defendant,,, Summons Returned Executed as to U.S. Attorney General,,, Summons Returned Executed in FOIA as to U.S. Attorney,, was entered in error per counsel was instructed to refile said pleading. (ztd) (Entered: 09/14/2020)
2020-09-1411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/24/20., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/3/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 10/3/2020.) (Levitt, Jonathan) (Entered: 09/14/2020)
2020-09-1812ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Molen, Kathleene) (Entered: 09/18/2020)
2020-09-21MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before October 12, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/21/2020. (lctnm2) (Entered: 09/21/2020)
2020-09-21Set/Reset Deadlines: Joint Status Report due by 10/12/2020. (hmc) (Entered: 09/21/2020)
2020-10-0813Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 10/08/2020)
2020-10-0914MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicole M. DeWitt, Filing fee $ 100, receipt number ADCDC-7696126. Fee Status: Fee Paid. by GOLDWATER INSTITUTE (Attachments: # 1 Declaration Declaration of NMD in Support, # 2 Declaration Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Levitt, Jonathan) (Entered: 10/09/2020)
2020-10-10MINUTE ORDER granting 14 Motion for Leave to Appear Pro Hac Vice. Attorney Nicole M. DeWitt is hereby admitted to appear pro hac vice in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . (lctnm2) (Entered: 10/10/2020)
2020-10-13MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, the parties shall submit the next Joint Status Report on or before 10/30/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/13/2020. (lctnm2) (Entered: 10/13/2020)
2020-10-13Set/Reset Deadlines: Joint Status Report due by 10/30/2020. (hmc) (Entered: 10/13/2020)
2020-10-3015Joint STATUS REPORT by GOLDWATER INSTITUTE. (Levitt, Jonathan) (Entered: 10/30/2020)
2020-11-02MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, the parties shall submit the next Joint Status Report on or before 11/13/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/2/2020. (lctnm2) (Entered: 11/02/2020)
2020-11-02Set/Reset Deadlines: Joint Status Report due by 11/13/2020. (hmc) (Entered: 11/02/2020)
2020-11-1216Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 11/12/2020)
2020-11-13MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, the parties shall submit the next Joint Status Report on or before 3/1/2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/13/2020. (lctnm2) (Entered: 11/13/2020)
2020-11-13Set/Reset Deadlines: Joint Status Report due by 3/1/2021. (hmc) (Entered: 11/13/2020)
2020-11-1917NOTICE of Appearance by Nicole DeWitt on behalf of GOLDWATER INSTITUTE (DeWitt, Nicole) (Entered: 11/19/2020)
2021-03-0118Joint STATUS REPORT by GOLDWATER INSTITUTE. (Levitt, Jonathan) (Entered: 03/01/2021)
2021-03-01MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, the parties shall submit the next Joint Status Report on or before 4/1/2021. If the parties reach a settlement before 4/1/2021, they shall promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/1/2021. (lctnm2) (Entered: 03/01/2021)
2021-03-01Set/Reset Deadlines: Joint Status Report due by 4/1/2021. (hmc) (Entered: 03/01/2021)
2021-03-3119Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 03/31/2021)
2021-03-31MINUTE ORDER: Upon consideration of the parties' 19 Joint Status Report, the parties shall submit the next Joint Status Report on or before 4/15/2021. If the parties reach a settlement before 4/15/2021, they shall promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/31/2021. (lctnm2) (Entered: 03/31/2021)
2021-04-01Set/Reset Deadlines: Joint Status Report due by 4/15/2021. (hmc) (Entered: 04/01/2021)
2021-04-1520Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 04/15/2021)
2021-04-15MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, the parties shall submit the next Joint Status Report on or before 4/29/2021. If the parties reach a settlement before 4/29/2021, they shall promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/15/2021. (lctnm2) (Entered: 04/15/2021)
2021-04-15Set/Reset Deadlines: Joint Status Report due by 4/29/2021. (hmc) (Entered: 04/15/2021)
2021-04-2921Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 04/29/2021)
2021-04-29MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, the parties shall submit the next Joint Status Report on or before 5/28/2021. If the parties reach a settlement before 5/28/2021, they shall promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/29/2021. (lctnm2) (Entered: 04/29/2021)
2021-04-30Set/Reset Deadlines: Joint Status Report due by 5/28/2021. (hmc) (Entered: 04/30/2021)
2021-05-2822Joint STATUS REPORT by GOLDWATER INSTITUTE. (Levitt, Jonathan) (Entered: 05/28/2021)
2021-05-28MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, the parties shall submit the next Joint Status Report on or before June 11, 2021. If the parties reach a settlement before June 11, 2021, they shall promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/28/2021. (lctnm2) (Entered: 05/28/2021)
2021-06-01Set/Reset Deadlines: Joint Status Report due by 6/11/2021. (hmc) (Entered: 06/01/2021)
2021-06-1123Joint STATUS REPORT by GOLDWATER INSTITUTE. (Levitt, Jonathan) (Entered: 06/11/2021)
2021-07-06MINUTE ORDER. The parties shall file a Joint Status Report on or before August 5, 2021. If the parties resolve the case before August 5, 2021, they shall promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/6/2021. (lctnm2) (Entered: 07/06/2021)
2021-07-06Set/Reset Deadlines: Joint Status Report due by 8/5/2021. (hmc) (Entered: 07/06/2021)
2021-08-0424Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 08/04/2021)
2021-08-04MINUTE ORDER. Upon consideration of the 24 Joint Status Report, the parties shall file a further Joint Status Report on or before September 2, 2021. If the parties resolve the case before that date, they shall promptly notify the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/4/2021. (lctnm1) (Entered: 08/04/2021)
2021-08-04Set/Reset Deadlines: Joint Status Report due by 9/2/2021. (hmc) (Entered: 08/04/2021)
2021-08-2725STIPULATION of Dismissal by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 08/27/2021)
2021-08-27MINUTE ORDER. Upon consideration of the 25 Stipulation of Dismissal, the case is hereby DISMISSED without prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/27/2021. (lctnm2) (Entered: 08/27/2021)
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