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Case TitleUS Right to Know v. United States Food & Drug Administration et al
DistrictNorthern District of California
CityOakland
Case Number4:2021cv00884
Date Filed2021-02-04
Date Closed2023-06-30
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffUS Right to Know
Case DescriptionUS Right to Know submitted a FOIA request to the FDA for records concerning communications involving a specific set of FDA employees and a specific set of keywords, including Wuhan Institute of Virology. USRTK also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, USRTK filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Food & Drug Administration
DefendantUnited States Department of Health & Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-02-041COMPLAINT against All Defendants. [Filing fee of $402.00 paid, Receipt # 0971-15533876] Filed by US Right to Know. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Beaton, Laura) (Filed on 2/4/2021) Modified on 2/4/2021 (bwS, COURT STAFF). (Entered: 02/04/2021)
2021-02-042Proposed Summons. (Beaton, Laura) (Filed on 2/4/2021) (Entered: 02/04/2021)
2021-02-043Proposed Summons. (Beaton, Laura) (Filed on 2/4/2021) (Entered: 02/04/2021)
2021-02-044Proposed Summons. (Beaton, Laura) (Filed on 2/4/2021) (Entered: 02/04/2021)
2021-02-045Proposed Summons. (Beaton, Laura) (Filed on 2/4/2021) (Entered: 02/04/2021)
2021-02-046Corporate Disclosure Statement by US Right to Know. (Beaton, Laura) (Filed on 2/4/2021) Modified on 2/5/2021 (bnsS, COURT STAFF). (Entered: 02/04/2021)
2021-02-047Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/18/2021. (bwS, COURT STAFF) (Filed on 2/4/2021) (Entered: 02/04/2021)
2021-02-058Summons Issued as to United States Department of Health & Human Services, United States Food & Drug Administration, U.S. Attorney and U.S. Attorney General (bnsS, COURT STAFF) (Filed on 2/5/2021) (Entered: 02/05/2021)
2021-02-05Electronic filing error . Incorrect event used. The Correct Event is Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures [err101] Correcte d by Clerk's Office. No further action is necessary. Re: 6 Statement filed by US Right to Know (bnsS, COURT STAFF) (Filed on 2/5/2021) (Entered: 02/05/2021)
2021-02-059Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/4/2021. Initial Case Management Conference set for 5/11/2021 01:30 PM. (bnsS, COURT STAFF) (Filed on 2/5/2021) (Entered: 02/05/2021)
2021-02-0910CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by US Right to Know.. (Beaton, Laura) (Filed on 2/9/2021) (Entered: 02/09/2021)
2021-02-1811SUMMONS Returned Executed (FOIA) by US Right to Know. All Defendants. (Beaton, Laura) (Filed on 2/18/2021) (Entered: 02/18/2021)
2021-02-2312Certificate of Interested Entities by US Right to Know (Beaton, Laura) (Filed on 2/23/2021) (Entered: 02/23/2021)
2021-02-24Electronic filing error . REMINDER : Case division and case location information are incorrect. In the future, please be sure that the case number is correctly reflected on your documents as Oakland Division and the case number should be 4:221-cv-00884 KAW. [err102] Re: 12 Certificate of Interested Entities filed by US Right to Know (bnsS, COURT STAFF) (Filed on 2/24/2021) (Entered: 02/24/2021)
2021-03-0913ANSWER to Complaint byUnited States Department of Health & Human Services, United States Food & Drug Administration. (Davis, Julie) (Filed on 3/9/2021) (Entered: 03/09/2021)
2021-03-0914CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Health & Human Services, United States Food & Drug Administration.. (Davis, Julie) (Filed on 3/9/2021) (Entered: 03/09/2021)
2021-03-1115CLERK'S NOTICE. The Initial Case Management Conference is rescheduled to 5/11/2021 at 11:00am . (This is a text-only entry generated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)
2021-04-0816MOTION for leave to appear in Pro Hac Vice Daniel C. Snyder ( Filing fee $ 317, receipt number 0971-15812304.) filed by US Right to Know. (Snyder, Daniel) (Filed on 4/8/2021) (Entered: 04/08/2021)
2021-04-0817Order by Magistrate Judge Kandis A. Westmore granting 16 Motion for Pro Hac Vice as to Daniel C. Snyder.(dtmS, COURT STAFF) (Filed on 4/8/2021) (Entered: 04/08/2021)
2021-04-1918ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Beaton, Laura) (Filed on 4/19/2021) (Entered: 04/19/2021)
2021-05-0319STIPULATION WITH PROPOSED ORDER REQUEST TO CONTINUE CMC filed by United States Department of Health & Human Services, United States Food & Drug Administration, and US Right to Know. (Davis, Julie) (Filed on 5/3/2021) Modified on 5/4/2021 (bnsS, COURT STAFF). (Entered: 05/03/2021)
2021-05-0620ORDER by Magistrate Judge Kandis A. Westmore Granting 19 STIPULATED REQUEST TO CONTINUE CMC.Joint Case Management Statement due by 7/13/2021. Initial Case Management Conference set for 7/20/2021 01:30 PM in Oakland, - To be determined.(amgS, COURT STAFF) (Filed on 5/6/2021) (Entered: 05/06/2021)
2021-07-0121CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Notice is hereby given that the initial case management conference previously scheduled for 7/20/2021 at 1:30 p.m. is continued to 8/10/2021 at 1:30 p.m. An updated joint case management statement is due by 8/3/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 8/3/2021. Initial Case Management Conference set for 8/10/2021 01:30 PM in Oakland, - To be determined. (amgS, COURT STAFF) (Filed on 7/1/2021) (Entered: 07/01/2021)
2021-07-2322STIPULATION filed by United States Department of Health & Human Services, United States Food & Drug Administration. (Davis, Julie) (Filed on 7/23/2021) (Entered: 07/23/2021)
2021-07-2623ORDER Granting 22 STIPULATED REQUEST TO CONTINUE CMC. Joint Case Management Statement due by 10/26/2021. Initial Case Management Conference set for 11/2/2021 11:00 AM in Oakland, - To be determined. Signed by Judge Kandis A. Westmore on 7/26/2021. (amgS, COURT STAFF) (Filed on 7/26/2021) (Entered: 07/26/2021)
2021-07-2924NOTICE of Substitution of Counsel by Jevechius Doherty Bernardoni (Bernardoni, Jevechius) (Filed on 7/29/2021) (Entered: 07/29/2021)
2021-10-2625CASE MANAGEMENT STATEMENT filed by United States Department of Health & Human Services, United States Food & Drug Administration. (Bernardoni, Jevechius) (Filed on 10/26/2021) (Entered: 10/26/2021)
2021-10-2926CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference is continued from 11/2/2021 to 1/25/2022 01:30 PM in Oakland, - To be determined. Joint Case Management Statement due by 1/18/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 10/29/2021) (Entered: 10/29/2021)
2021-11-0427STIPULATION WITH PROPOSED ORDER filed by United States Department of Health & Human Services, United States Food & Drug Administration. (Bernardoni, Jevechius) (Filed on 11/4/2021) (Entered: 11/04/2021)
2021-11-0828ORDER by Judge KANDIS A. WESTMORE granting 27 Stipulation. (jjo, COURT STAFF) (Filed on 11/8/2021) (Entered: 11/08/2021)
2022-01-1829STIPULATION WITH PROPOSED ORDER filed by United States Department of Health & Human Services, United States Food & Drug Administration. (Bernardoni, Jevechius) (Filed on 1/18/2022) (Entered: 01/18/2022)
2022-01-2030Order by Magistrate Judge Kandis A. Westmore granting 29 Stipulation. Joint Case Management Statement due by 8/9/2022. Initial Case Management Conference set for 8/16/2022 01:30 PM in Oakland, - To be determined. (wft, COURT STAFF) (Filed on 1/20/2022) (Entered: 01/20/2022)
2022-04-2531NOTICE of Change of Address by Jevechius Doherty Bernardoni (Bernardoni, Jevechius) (Filed on 4/25/2022) (Entered: 04/25/2022)
2022-08-0932STIPULATION WITH PROPOSED ORDER re 30 Order on Stipulation, filed by United States Department of Health & Human Services, United States Food & Drug Administration. (Bernardoni, Jevechius) (Filed on 8/9/2022) (Entered: 08/09/2022)
2022-08-1233Order by Magistrate Judge Kandis A. Westmore granting 32 Stipulation. Joint Case Management Statement due by 11/1/2022. Initial Case Management Conference set for 11/8/2022 01:30 PM in Oakland, this proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Per sons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (wft, COURT STAFF) (Filed on 8/12/2022) (Entered: 08/12/2022)
2022-09-2634STIPULATION WITH PROPOSED ORDER re 33 Order on Stipulation,,, filed by United States Department of Health & Human Services, United States Food & Drug Administration. (Bernardoni, Jevechius) (Filed on 9/26/2022) (Entered: 09/26/2022)
2022-09-2835Order as Modified by Magistrate Judge Kandis A. Westmore granting 34 Stipulation. Status Report due by 1/27/2023. (wft, COURT STAFF) (Filed on 9/28/2022) (Entered: 09/28/2022)
2022-11-2136MOTION to Substitute Attorney filed by US Right to Know. (Snyder, Daniel) (Filed on 11/21/2022) (Entered: 11/21/2022)
2023-01-2737STATUS REPORT by United States Department of Health & Human Services, United States Food & Drug Administration. (Bernardoni, Jevechius) (Filed on 1/27/2023) (Entered: 01/27/2023)
2023-02-0338CLERK'S NOTICE: Parties are directed to file a joint status report by 5/4/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 2/3/2023) (Entered: 02/03/2023)
2023-05-0439STATUS REPORT by United States Department of Health & Human Services, United States Food & Drug Administration. (Bernardoni, Jevechius) (Filed on 5/4/2023) (Entered: 05/04/2023)
2023-05-0540ORDER TO FILE DISMISSAL WITHIN 60 DAYS re 39 , Signed by Judge Kandis A. Westmore on 5/5/2023. Plaintiff to File Dismissal by 7/5/2023. (wft, COURT STAFF) (Filed on 5/5/2023) (Entered: 05/05/2023)
2023-06-2941STIPULATION Rule 41 Stipulation of Dismissal with Prejudice filed by US Right to Know. (Snyder, Daniel) (Filed on 6/29/2023) (Entered: 06/29/2023)
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