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Case TitleSEREBRAUNY v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01572
Date Filed2021-06-09
Date Closed2022-10-25
JudgeChief Judge Beryl A. Howell
PlaintiffVICTOR L. SEREBRAUNY Dr.
Case DescriptionVictor Serebruany submitted a FOIA request to the FDA for records concerning platelet data for tricagrelor (Brilinta) NDA-22-433 submission for the drug ONSET/OFFSET studies included in NDA 22-433. As an academic researcher, Serebruany also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Serebruany filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-091COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-8513997) filed by VICTOR L SEREBRAUNY. (Attachments: # 1 Exhibit 1- Request, # 2 Exhibit 2- Confirmation, # 3 Exhibit 3- Received Request, # 4 Exhibit 4- Generally 18-24 Months, # 5 Exhibit 5- ECD, # 6 Civil Cover Sheet, # 7 Summons FDA, # 8 Summons USAG, # 9 Summons USAO)(Sorenson, C.) (Entered: 06/09/2021)
2021-06-09Case Assigned to Chief Judge Beryl A. Howell. (adh, ) (Entered: 06/09/2021)
2021-06-092SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 06/09/2021)
2021-06-103STANDING ORDER. Signed by Chief Judge Beryl A. Howell on June 10, 2021. (lcbah1) (Entered: 06/10/2021)
2021-06-144NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 06/14/2021)
2021-06-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/15/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/15/2021. (Sorenson, C.) (Main Document 5 replaced on 6/22/2021) (zeg). (Entered: 06/22/2021)
2021-06-22NOTICE OF ERROR re 5 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to petesorenson@gmail.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Document incomplete/illegible, 2. FYI: All Documents must be in Non-Fillable PDF format. 3. Please refile naming other defendants served. (eg, ) (Entered: 06/22/2021)
2021-07-136ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Walker, Johnny) (Entered: 07/13/2021)
2021-07-277Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Walker, Johnny) (Entered: 07/27/2021)
2021-07-308RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/14/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/14/2021. (Sorenson, C.) (Entered: 07/30/2021)
2021-07-309RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/14/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 6/14/2021. (View Docket Entry 8 to view document) (eg) (Entered: 07/30/2021)
2021-08-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 7 Joint Status Report, the parties to submit a joint status report by October 18, 2021. Signed by Chief Judge Beryl A. Howell on August 4, 2021. (lcbah1) (Entered: 08/04/2021)
2021-10-1810Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Walker, Johnny) (Entered: 10/18/2021)
2021-10-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 10 Joint Status Report, the parties to submit a joint status report by December 17, 2021. Signed by Chief Judge Beryl A. Howell on October 18, 2021. (lcbah1) (Entered: 10/18/2021)
2021-10-19Set/Reset Deadlines: Joint Status Report due by 12/17/2021. (ztg) (Entered: 10/19/2021)
2021-12-0311NOTICE OF SUBSTITUTION OF COUNSEL by Benton Gregory Peterson on behalf of FOOD AND DRUG ADMINISTRATION Substituting for attorney Johnny H. Walker (Peterson, Benton) (Entered: 12/03/2021)
2021-12-1712Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Peterson, Benton) (Entered: 12/17/2021)
2021-12-17MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to submit, by February 17, 2022, a joint status report with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on December 17, 2021. (lcbah1) (Entered: 12/17/2021)
2021-12-17Set/Reset Deadlines: Joint Status Report due by 2/17/2022. (ztg) (Entered: 12/17/2021)
2022-02-1713Joint STATUS REPORT by VICTOR L. SEREBRAUNY. (Sorenson, C.) (Entered: 02/17/2022)
2022-02-17MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to submit, by April 29, 2022, a joint status report with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on February 17, 2022. (lcbah1) (Entered: 02/17/2022)
2022-02-18Set/Reset Deadlines: Joint Status Report due by 4/29/2022. (ztg) (Entered: 02/18/2022)
2022-04-2914Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Peterson, Benton) (Entered: 04/29/2022)
2022-04-29MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to submit, by May 25, 2022, a joint status report with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on April 29, 2022. (lcbah1) (Entered: 04/29/2022)
2022-04-29Set/Reset Deadlines: Joint Status Report due by 5/25/2022. (ztg) (Entered: 04/29/2022)
2022-05-2515Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Peterson, Benton) (Entered: 05/25/2022)
2022-05-26MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to submit, by August 25, 2022, a joint status report advising the Court of the status of their discussions concerning the resolution of this matter and proposing a schedule for further proceedings, unless a stipulation of dismissal has been filed prior to that date. Signed by Chief Judge Beryl A. Howell on May 26, 2022. (lcbah1) (Entered: 05/26/2022)
2022-05-27Set/Reset Deadlines: Joint Status Report due by 8/25/2022. (ztg) Modified deadline on 5/27/2022 (ztg). (Entered: 05/27/2022)
2022-07-2916Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Peterson, Benton) (Entered: 07/29/2022)
2022-07-29MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to submit, by September 28, 2022, a joint status report advising the Court of the status of their discussions concerning the resolution of this matter and proposing a schedule for further proceedings, unless a stipulation of dismissal has been filed prior to that date. Signed by Chief Judge Beryl A. Howell on July 29, 2022. (lcbah1) (Entered: 07/29/2022)
2022-08-01Set/Reset Deadlines: Joint Status Report due by 9/28/2022. (ztg) (Entered: 08/01/2022)
2022-09-2817Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Peterson, Benton) (Entered: 09/28/2022)
2022-09-29MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to submit, by October 31, 2022, a joint status report advising the Court of the status of their discussions concerning the resolution of this matter and proposing a schedule for further proceedings, unless a stipulation of dismissal has been filed prior to that date. Signed by Chief Judge Beryl A. Howell on September 29, 2022. (lcbah1) (Entered: 09/29/2022)
2022-09-30Set/Reset Deadlines: Joint Status Report due by 10/31/2022. (ztg) (Entered: 09/30/2022)
2022-10-2418STIPULATION of Dismissal and Settlement by FOOD AND DRUG ADMINISTRATION. (Peterson, Benton) (Entered: 10/24/2022)
2022-10-24MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, pursuant to the parties' 18 Stipulation of Dismissal. The Clerk of Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on October 24, 2022. (lcbah1) (Entered: 10/24/2022)
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by FOIA Project Staff
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