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Case TitleFINKELSTEIN v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03253
Date Filed2022-10-25
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffKATHERINE EBAN FINKELSTEIN
Case DescriptionKatherine Finkelstein, a journalist, submitted a FOIA request to the FDA for records concerning the Living Brain Project. Finkelstein also requested expedited processing and a fee waiver. The agency acknowledged of the request and denied her request for expedited processing. The agency disclosed some records, Finkelstein filed an administrative appeal. After hearing nothing further from the agency, Finkelstein filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 3
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Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-251COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9624170) filed by KATHERINE EBAN FINKELSTEIN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to FDA, # 3 Summons to USAO-DC, # 4 Summons to USAG, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11)(Sorenson, C.) (Entered: 10/25/2022)
2022-10-26Case Assigned to Judge Christopher R. Cooper. (zcb, ) (Entered: 10/26/2022)
2022-10-262SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zcb, ) (Entered: 10/26/2022)
2022-12-013NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 12/01/2022)
2022-12-014ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Jones, Sian) (Entered: 12/01/2022)
2022-12-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 12/1/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/31/22., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 11/30/2022.) (Sorenson, C.) (Entered: 12/02/2022)
2022-12-05MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by December 19, 2022. Signed by Judge Christopher R. Cooper on 12/5/2022. (lccrc1) (Entered: 12/05/2022)
2022-12-196Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 12/19/2022)
2022-12-21MINUTE ORDER: In light of the parties' 6 Joint Status Report, the parties are hereby ordered to file a further status report by February 17, 2023. Signed by Judge Christopher R. Cooper on 12/21/2022. (lccrc1) (Entered: 12/21/2022)
2023-02-087NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of FOOD AND DRUG ADMINISTRATION Substituting for attorney Sian Jones (Berhane, Fithawi) (Entered: 02/08/2023)
2023-02-178Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 02/17/2023)
2023-02-21MINUTE ORDER: In light of the parties' 8 Joint Status Report, the parties are hereby ordered to file a further status report by April 18, 2023. The next status report should detail the results of the parties' further narrowing efforts, given the number of potentially responsive documents, and should provide an estimated date of completion of production. Signed by Judge Christopher R. Cooper on 2/21/2023. (lccrc1) (Entered: 02/21/2023)
2023-04-189STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 04/18/2023)
2023-04-1910STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 04/19/2023)
2023-04-20MINUTE ORDER: In light of the parties' 9 and 10 Status Reports, the parties are hereby ordered to file a further joint status report by June 20, 2023. The Court again directs that the next status report should detail the results of the parties' further narrowing efforts, given the number of potentially responsive documents, and should provide an estimated date of completion of production. Signed by Judge Christopher R. Cooper on 4/20/2023. (lccrc1) (Entered: 04/20/2023)
2023-06-2011Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 06/20/2023)
2023-06-21NOTICE OF ERROR re 11 Status Report; emailed to fithawi.berhane@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. DO NOT REFILE. Counsel is reminded that log in and password should match signature page. (zjm, ) (Entered: 06/21/2023)
2023-06-22MINUTE ORDER: In light of the parties' 11 Joint Status Report, the parties are hereby ordered to file a further joint status report by August 21, 2023. The Court FURTHER ORDERS that the next status report should detail the results of the parties' further narrowing efforts, given the number of potentially responsive documents, and should provide an estimated date of completion of production. Signed by Judge Christopher R. Cooper on 6/22/2023. (lccrc1) (Entered: 06/22/2023)
2023-08-2112Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 08/21/2023)
2023-08-3113MINUTE ORDER: In light of the parties' 12 Joint Status Report, the parties are hereby ordered to file a further joint status report by October 20, 2023. The Court FURTHER ORDERS that the next status report should detail the types of records sought in PMA P600009, the reasons why the potentially responsive records for this request are so voluminous, efforts the parties are making to narrow the scope, and an estimated date of completion of production. Signed by Judge Christopher R. Cooper on 8/31/2023. (lccrc1) (Entered: 08/31/2023)
2023-10-2014Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 10/20/2023)
2023-10-23MINUTE ORDER: In light of the parties' 14 Joint Status Report, the parties are hereby ordered to file a further joint status report by December 19, 2023. Signed by Judge Christopher R. Cooper on 10/23/2023. (lccrc1) (Entered: 10/23/2023)
2023-12-1915Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 12/19/2023)
2023-12-21MINUTE ORDER: In light of the parties' 15 Joint Status Report, the parties are hereby ordered to file a further joint status report by February 20, 2024. Signed by Judge Christopher R. Cooper on 12/21/2023. (lccrc1) (Entered: 12/21/2023)
2024-02-2016Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 02/20/2024)
2024-02-22MINUTE ORDER: In light of the parties' 16 Joint Status Report, the parties are hereby ordered to file a further joint status report by April 19, 2024. Signed by Judge Christopher R. Cooper on 2/22/2024. (lccrc1) (Entered: 02/22/2024)
2024-04-1917Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 04/19/2024)
2024-04-22MINUTE ORDER: In light of the parties' 17 Joint Status Report, the parties are hereby ordered to file a further joint status report by June 18, 2024. Signed by Judge Christopher R. Cooper on 4/22/2024. (lccrc1) (Entered: 04/22/2024)
2024-06-1818Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 06/18/2024)
2024-06-20MINUTE ORDER: In light of the parties' 18 Joint Status Report, the parties are hereby ordered to file a further joint status report by August 19, 2024. Signed by Judge Christopher R. Cooper on 6/20/2024. (lccrc2) (Entered: 06/20/2024)
2024-08-1919Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 08/19/2024)
2024-08-23MINUTE ORDER: In light of the parties' 19 Joint Status Report, the parties are hereby directed to file a further status report by September 18, 2024. Signed by Judge Christopher R. Cooper on 8/23/2024. (lccrc1) (Entered: 08/23/2024)
2024-09-1820Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 09/18/2024)
2024-09-27MINUTE ORDER: Based on the divergent positions reflected in the parties' 20 September 18, 2024 Joint Status Report, the Court will hold a remote status conference in this case on October 15, 2024 at 3 P.M. Zoom information will be provided separately. In advance of the conference, the parties shall meet and confer to discuss whether the supplementary searches and discretionary releases noted in the government's position statement would alleviate whatever concerns plaintiff has about the adequacy of the search and propriety of the agency's withholdings. The Court notes that it expects FOIA productions to be completed prior to summary judgment briefing. Should the meet and confer result in agreement on further searches and releases, the parties shall file a status report updating the Court on the production and requesting that the status conference be vacated. So Ordered by Judge Christopher R. Cooper on 9/27/2024. (lccrc1) (Entered: 09/27/2024)
2024-10-1021Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 10/10/2024)
2024-10-14MINUTE ORDER: In light of the parties' 21 Joint Status Report, the status conference set for October 15, at 3 P.M., is hereby vacated. The parties are directed to file a further status report by December 16, 2024. Signed by Judge Christopher R. Cooper on 10/14/2024. (lccrc1) (Entered: 10/14/2024)
2024-10-15***Deadlines terminated: Status Conference set for 10/15/2024 at 3PM is vacated - see Minute Order dated 10/14/2024. Set/Reset Deadlines: Joint Status Report due by 12/16/2024. (mhp) (Entered: 10/15/2024)
2024-12-1622ENTERED IN ERROR.....Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) Modified on 12/17/2024 (znmw). (Entered: 12/16/2024)
2024-12-17NOTICE OF ERROR regarding 22 Status Report. The following error(s) need correction: Missing signature of filing attorney - signature on document must match PACER login. Please refile. (znmw) (Entered: 12/17/2024)
2024-12-1723Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 12/17/2024)
2024-12-18MINUTE ORDER: In light of the parties' 23 Joint Status Report, the parties are hereby directed to file a further status report by February 14, 2025. Signed by Judge Christopher R. Cooper on 12/18/2024. (lccrc1) (Entered: 12/18/2024)
2025-02-1424Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 02/14/2025)
2025-02-26MINUTE ORDER: In light of the parties' 24 Joint Status Report, the parties are hereby directed to file a further status report by April 15, 2025. Signed by Judge Christopher R. Cooper on 2/26/2025. (lccrc1) (Entered: 02/26/2025)
2025-04-1525Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Berhane, Fithawi) (Entered: 04/15/2025)
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