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Case TitleVANDA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03413
Date Filed2022-11-07
Date ClosedOpen
JudgeChief Judge James E. Boasberg
PlaintiffVANDA PHARMACEUTICALS, INC.
Case DescriptionVanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning communications related to Vanda's tradipitant development program mentioning any of 11 named FDA employees. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges). Vanda filed an administrative appeal. After hearing nothing further from the agency, Vanda 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
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

2022-11-071COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9655081) filed by VANDA PHARMACEUTICALS, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Civil Cover Sheet)(Hughes, Paul) (Entered: 11/07/2022)
2022-11-072NOTICE OF RELATED CASE by VANDA PHARMACEUTICALS, INC.. Case related to Case No. 22-cv-3052. (Hughes, Paul) (Entered: 11/07/2022)
2022-11-073LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VANDA PHARMACEUTICALS, INC. (Hughes, Paul) (Entered: 11/07/2022)
2022-11-08Case Assigned to Judge James E. Boasberg. (zcb) (Entered: 11/08/2022)
2022-11-084SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zcb) (Entered: 11/08/2022)
2022-11-285RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/18/2022. Answer due for ALL FEDERAL DEFENDANTS by 12/18/2022. (Hughes, Paul) (Entered: 11/28/2022)
2022-12-146NOTICE of Appearance by Brenda A. Gonzalez Horowitz on behalf of FOOD AND DRUG ADMINISTRATION (Gonzalez Horowitz, Brenda) (Entered: 12/14/2022)
2022-12-197ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Gonzalez Horowitz, Brenda) (Entered: 12/19/2022)
2022-12-20MINUTE ORDER: The Court ORDERS that the parties shall consult and file a joint proposed briefing schedule by January 4, 2023. So ORDERED by Judge James E. Boasberg on 12/20/2022. (lcjeb3) (Entered: 12/20/2022)
2022-12-20Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 1/4/2023. (nbn) (Entered: 12/20/2022)
2023-01-048Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 01/04/2023)
2023-01-05MINUTE ORDER: The Court ADOPTS the parties' 8 Joint Status Report and ORDERS that they shall file a further joint status report by February 13, 2023. So ORDERED by Judge James E. Boasberg on 1/5/2023. (lcjeb3) (Entered: 01/05/2023)
2023-01-05Set/Reset Deadlines: Joint Status Report due by 2/13/2023. (nbn) (Entered: 01/05/2023)
2023-02-139Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 02/13/2023)
2023-02-14MINUTE ORDER: The Court ADOPTS the parties' 9 Joint Status Report and ORDERS that they shall file a further joint status report by May 15, 2023. So ORDERED by Judge James E. Boasberg on 2/14/2023. (lcjeb3) (Entered: 02/14/2023)
2023-02-14Set/Reset Deadlines: Joint Status Report due by 5/15/2023. (nbn) (Entered: 02/15/2023)
2023-05-1510Joint STATUS REPORT by VANDA PHARMACEUTICALS, INC.. (Hughes, Paul) (Entered: 05/15/2023)
2023-05-15MINUTE ORDER: The Court ADOPTS the parties' 10 Joint Status Report and ORDERS that they shall file a further joint status report by July 18, 2023. So ORDERED by Chief Judge James E. Boasberg on 5/15/2023. (lcjeb3) (Entered: 05/15/2023)
2023-05-15Set/Reset Deadlines: Joint Status Report due by 7/18/2023. (nbn) (Entered: 05/16/2023)
2023-07-1811Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 07/18/2023)
2023-07-18MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further joint status report by September 1, 2023. So ORDERED by Chief Judge James E. Boasberg on 07/18/2023. (lcjeb3) (Entered: 07/18/2023)
2023-07-18Set/Reset Deadlines: Joint Status Report due by 9/1/2023. (nbn) (Entered: 07/18/2023)
2023-08-3112Joint STATUS REPORT by VANDA PHARMACEUTICALS, INC.. (Hughes, Paul) (Entered: 08/31/2023)
2023-08-31MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further joint status report by November 1, 2023. So ORDERED by Chief Judge James E. Boasberg on 08/31/2023. (lcjeb3) (Entered: 08/31/2023)
2023-08-31Set/Reset Deadlines: Status Report due by 11/1/2023 (nbn) (Entered: 09/05/2023)
2023-10-1913NOTICE of Appearance by Charles H. Seidell on behalf of VANDA PHARMACEUTICALS, INC. (Seidell, Charles) (Entered: 10/19/2023)
2023-11-0114Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 11/01/2023)
2023-11-01MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Status Report and ORDERS that they shall file a further joint status report by January 30, 2024. So ORDERED by Chief Judge James E. Boasberg on 11/1/2023. (lcjeb3) (Entered: 11/01/2023)
2023-11-02Set/Reset Deadlines: Joint Status Report due by 1/30/2024. (znbn) (Entered: 11/02/2023)
2024-01-3015Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 01/30/2024)
2024-01-30MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further joint status report by April 29, 2024. So ORDERED by Chief Judge James E. Boasberg on 1/30/2024. (lcjeb3) (Entered: 01/30/2024)
2024-01-31Set/Reset Deadlines: Joint Status Report due by 4/29/2024 (lsj) (Entered: 01/31/2024)
2024-04-2916Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 04/29/2024)
2024-04-29MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by July 31, 2024. So ORDERED by Chief Judge James E. Boasberg on 4/29/2024. (lcjeb3) (Entered: 04/29/2024)
2024-04-29Set/Reset Deadlines: Joint Status Report due by 7/31/2024. (znbn) (Entered: 05/01/2024)
2024-07-3117Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 07/31/2024)
2024-07-31MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by January 27, 2025. So ORDERED by Chief Judge James E. Boasberg on 7/31/24. (lcjeb1) (Entered: 07/31/2024)
2024-07-31Set/Reset Deadlines: Joint Status Report due by 1/27/2024. (znbn) (Entered: 08/01/2024)
2024-08-13Set/Reset Deadlines: Joint Status Report due by 1/27/2025. (znbn) (Entered: 08/13/2024)
2024-11-29MINUTE ORDER: The Court ORDERS that the parties in these cases shall appear for a zoom hearing on the pending Motions to Consolidate on December 5, 2024, at 3:00 p.m. So ORDERED by Chief Judge James E. Boasberg on 11/29/2024. (lcjeb4) (Entered: 11/29/2024)
2024-12-05Minute Entry for proceedings held before Chief Judge James E. Boasberg: Motion Hearing held via Zoom on 12/5/2024 re (22 in 1:22-cv-03807-JEB, 22 in 1:22-cv-03807-JEB) MOTION to Consolidate Cases MOTION to Stay filed by UNITED STATES FOOD AND DRUG ADMINISTRATION, (11 in 1:24-cv-02204-JEB, 11 in 1:24-cv-02204-JEB) MOTION to Consolidate Cases or in the Alternative, Motion to Stay MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION, (11 in 1:24-cv-02205-JEB, 11 in 1:24-cv-02205-JEB) MOTION to Consolidate Cases or in the Alternative MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION, (13 in 1:24-cv-02203-JEB, 13 in 1:24-cv-02203-JEB) MOTION to Consolidate Cases or in the Alternative MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION, (25 in 1:22-cv-03808-JEB, 25 in 1:22-cv-03808-JEB) MOTION to Consolidate Cases MOTION to Stay filed by UNITED STATES FOOD AND DRUG ADMINISTRATION, (12 in 1:24-cv-02202-JEB, 12 in 1:24-cv-02202-JEB) MOTION to Consolidate Cases or in the Alternative MOTION to Stay filed by FOOD AND DRUG ADMINISTRATION. Oral discussions heard, Minute Order forthcoming. (Court Reporter Tammy Nestor) (znbn) (Entered: 12/05/2024)
2024-12-05MINUTE ORDER: As discussed in today's hearing, the Court ORDERS that: 1) Case Nos. 24-2202 and 24-2203 are CONSOLIDATED with Case No. 22-3413. All filings shall be made in No. 22-3413, and the Clerk shall administratively close Nos. 24-2202 and 24-2203; 2) Defendant shall process a total of 700 pages per month in these consolidated cases; and 3) The parties shall submit a Joint Status Report by January 31, 2025, and every 60 days thereafter until further Order of the Court. So ORDERED by Chief Judge James E. Boasberg on December 5, 2024. (lcjeb4) (Entered: 12/05/2024)
2024-12-05Cases Consolidated: The following cases have been consolidated with this case: 22cv3807, 22cv3808, 24cv2202, 24cv2203, 24cv2204, and 24cv2205 pursuant to 12/5/2024 Minute Order. From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (znmw) (Entered: 12/10/2024)
2025-01-3118Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 01/31/2025)
2025-01-31MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by April 1, 2025. So ORDERED by Chief Judge James E. Boasberg on January 31, 2025. (lcjeb3) (Entered: 01/31/2025)
2025-04-0119Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Gonzalez Horowitz, Brenda) (Entered: 04/01/2025)
2025-04-0220NOTICE of Appearance by Sarah Patricia Hogarth on behalf of VANDA PHARMACEUTICALS, INC. (Hogarth, Sarah) (Entered: 04/02/2025)
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