| Date Filed | Doc # | Docket Text |
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| 2022-11-23 | 1 | COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9693832) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons FDA, # 5 Summons USAG, # 6 Summons USAO)(Farnsworth, Colin) (Entered: 11/23/2022) |
| 2022-11-23 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Farnsworth, Colin) (Entered: 11/23/2022) |
| 2022-11-23 | 3 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Siri, Filing fee $ 100, receipt number ADCDC-9693921. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 11/23/2022) |
| 2022-11-23 | 4 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth A. Brehm, Filing fee $ 100, receipt number ADCDC-9693931. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 11/23/2022) |
| 2022-11-28 | | Case Assigned to Judge Colleen Kollar-Kotelly. (zcb) (Entered: 11/28/2022) |
| 2022-11-28 | 5 | SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 11/28/2022) |
| 2022-11-29 | 6 | ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/29/22. (DM) (Entered: 11/29/2022) |
| 2022-12-06 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 12/1/2022 (Farnsworth, Colin) (Entered: 12/06/2022) |
| 2022-12-06 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/05/2022. (Farnsworth, Colin) (Entered: 12/06/2022) |
| 2022-12-06 | 9 | ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/28/2022. (Farnsworth, Colin) Modified on 12/7/2022 (zjm). (Entered: 12/06/2022) |
| 2022-12-07 | | NOTICE OF ERROR regarding 9 Summons Returned Executed as to U.S. Attorney General. The following error(s) need correction: Please refile using event: Service of process - Summons Returned Executed in FOIA case as to U.S. Attorney.(zjm) (Entered: 12/07/2022) |
| 2022-12-08 | | MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice as to Aaron Siri. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions . Signed by Judge Colleen Kollar-Kotelly on December 8, 2022. (lcckk1) (Entered: 12/08/2022) |
| 2022-12-08 | | MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Elizabeth Brehm. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions . Signed by Judge Colleen Kollar-Kotelly on December 8, 2022. (lcckk1) (Entered: 12/08/2022) |
| 2022-12-09 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/28/2022. Answer due for ALL FEDERAL DEFENDANTS by 12/28/2022. (Farnsworth, Colin) (Entered: 12/09/2022) |
| 2022-12-21 | 11 | NOTICE of Appearance by Douglas C. Dreier on behalf of FOOD AND DRUG ADMINISTRATION (Dreier, Douglas) (Entered: 12/21/2022) |
| 2022-12-21 | 12 | Consent MOTION for Extension of Time to File Response to Plaintiff's Complaint by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 12/21/2022) |
| 2022-12-26 | | MINUTE ORDER: The Court is in receipt of Defendant's 12 Consent Motion for Extension of Time to Respond. In light of office-wide delays at the United States Attorney's Office for the District of Columbia, Defendant requests the Court extend Defendant's deadline to answer from December 28, 2022 to January 27, 2023. As Plaintiff consents, and upon good cause shown, Defendant's 12 Consent Motion for Extension of Time to Respond is GRANTED . Defendant shall answer or otherwise respond to Plaintiff's complaint on or before January 27, 2023 . Signed by Judge Colleen Kollar-Kotelly on December 26, 2022. (lcckk1) (Entered: 12/26/2022) |
| 2022-12-26 | | Set/Reset Deadlines: Defendant shall answer or otherwise respond to Plaintiff's complaint on or before 1/27/2023. (dot) (Entered: 12/26/2022) |
| 2022-12-27 | | Set/Reset Deadlines: Answer due by 1/27/2023. (kt) (Entered: 12/27/2022) |
| 2023-01-27 | 13 | ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Dreier, Douglas) (Entered: 01/27/2023) |
| 2023-01-30 | 14 | ORDER directing parties to file joint status report on or before February 24, 2023. Signed by Judge Colleen Kollar-Kotelly on January 30, 2023. (lcckk1) (Entered: 01/30/2023) |
| 2023-01-30 | | Set/Reset Deadlines: Joint Status Report due by 2/24/2023. (dot) (Entered: 01/31/2023) |
| 2023-02-01 | 15 | NOTICE of Appearance by Aaron Siri on behalf of INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 02/01/2023) |
| 2023-02-01 | 16 | NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 02/01/2023) |
| 2023-02-24 | 17 | Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/24/2023) |
| 2023-02-26 | | MINUTE ORDER: The Court is in receipt of the parties' 17 Joint Status Report. In consideration thereof, the parties shall file another joint status report on or before May 27, 2023 and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on February 26, 2023. (lcckk1) (Entered: 02/26/2023) |
| 2023-02-27 | | Set/Reset Deadlines: Joint Status Report due by 5/27/2023 and, if necessary, every ninety days thereafter. (dot) (Entered: 02/27/2023) |
| 2023-05-17 | 18 | NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Colin M. Farnsworth terminated. (Brehm, Elizabeth) (Entered: 05/17/2023) |
| 2023-05-23 | 19 | Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 05/23/2023) |
| 2023-07-10 | 20 | SCHEDULING AND PROCEDURES ORDER: Dispositive Motion due by 7/13/2023; Response to Dispositive Motion due by 8/14/2023; Reply to Dispositive Motion due by 9/14/2023. Cross Motion due by 8/14/2023; Response to Cross Motion due by 9/14/2023; Reply to Cross Motion due by 9/28/2023. See Order for details. The Court VACATES its February 26, 2023 Minute Order requiring Status Reports every 90 days. Signed by Judge Colleen Kollar-Kotelly on 7/10/23. (DM) (Entered: 07/10/2023) |
| 2023-07-13 | 21 | MOTION for Summary Judgment by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Beth Brockner Ryan, # 4 Declaration of John Hyder, # 5 Declaration of Narayan Nair, M.D., # 6 Text of Proposed Order)(Dreier, Douglas) (Entered: 07/13/2023) |
| 2023-08-14 | 22 | Cross MOTION for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Elizabeth A. Brehm, # 3 Statement of Facts, # 4 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 08/14/2023) |
| 2023-09-14 | 23 | Memorandum in opposition to re 22 Motion for Summary Judgment filed by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Statement of Facts - Response, # 2 Text of Proposed Order)(Dreier, Douglas) (Entered: 09/14/2023) |
| 2023-09-14 | 24 | REPLY to opposition to motion re 21 MOTION for Summary Judgment - Duplicate of ECF No. 23 filed by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Dreier, Douglas) (Entered: 09/14/2023) |
| 2023-09-28 | 25 | REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 09/28/2023) |
| 2024-08-30 | 26 | MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's 21 Motion for Summary Judgment and granting in part and denying in part Plaintiff's 22 Cross-Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 8/30/2024. (lcckk1) (Entered: 08/30/2024) |
| 2024-08-30 | | Set/Reset Deadlines: Defendant's Vaughn Index due by 10/18/2024. (dot) (Entered: 09/02/2024) |
| 2024-10-09 | 27 | Consent MOTION for Extension of Time to File Vaughn Index by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 10/09/2024) |
| 2024-10-09 | | MINUTE ORDER: For good cause shown, Defendant U.S. Food and Drug Administration's 27 Consent Motion for Extension of Time to File a Vaughn Index is GRANTED. This motion is the Defendant's second request for an extension of time in this action, and the first request for an extension of the deadline to file a Vaughn index pursuant to the Court's recent 26 Order. The Defendant shall file its Vaughn index on or before November 18, 2024 . Signed by Judge Colleen Kollar-Kotelly on 10/9/2024. (lcckk1) (Entered: 10/09/2024) |
| 2024-10-10 | | Set/Reset Deadlines: Defendant's Vaughn Index due by 11/18/2024. (dot) (Entered: 10/10/2024) |
| 2024-11-18 | 28 | NOTICE of Filing Vaughn Index by UNITED STATES FOOD AND DRUG ADMINISTRATION re 26 Order on Motion for Summary Judgment, (Attachments: # 1 Exhibit 1 - Vaughn Index)(Dreier, Douglas) (Entered: 11/18/2024) |
| 2024-12-06 | | MINUTE ORDER: The Court is in receipt of the [28-1] Vaughn index filed by the Food and Drug Administration ("FDA"), which the Court ordered the FDA to file to supplement the record in this case. See Mem. Op. & Order, ECF No. 26, at 12. The Court stated in its Order that after receiving the FDA's Vaughn index, the Court would "set a new briefing schedule, permitting the parties to file renewed cross-motions for summary judgment addressing the remaining issues in this case." Id. at 13. However, the FDA now proposes "to bypass a full round of renewed summary judgment briefing." See Notice, ECF No. 28, at 2. Instead, the FDA "renews its request for entry of summary judgment" based on the present record, as supplemented by the Vaughn index. Id. Upon review of the record, the Court declines the FDA's suggestion to set an abbreviated briefing schedule. Instead, both the FDA and Plaintiff Informed Consent Action Network shall file renewed motions for summary judgment, referring to the Vaughn index where appropriate, on or before January 3, 2025 . The parties shall file their responses to these motions on or before January 24, 2025 . The parties may then file replies in support of their motions for summary judgment, if any, on or before February 7, 2025 . The parties shall continue to comply in all respects with the Court's 20 Scheduling and Procedures Order, including its requirements regarding the form and content of summary judgment briefs. The Court also reminds the parties that if both parties are interested in an effort at mediation, they may jointly contact the Court at any time for a referral to a Magistrate Judge or to the voluntary U.S. District Court Mediation Program. See LCvR 84.4. Signed by Judge Colleen Kollar-Kotelly on 12/6/2024. (lcckk1) (Entered: 12/06/2024) |
| 2024-12-06 | | Set/Reset Deadlines: Parties Summary Judgment Motions due by 1/3/2025. Responses to Motion for Summary Judgment due by 1/24/2025. Replies to Motion for Summary Judgment due by 2/7/2025. (dot) (Entered: 12/09/2024) |
| 2024-12-20 | 29 | Consent MOTION for Extension of Time to File Summary Judgment Briefing by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 12/20/2024) |
| 2024-12-20 | | MINUTE ORDER: For good cause shown, the Defendant's 29 Consent Motion for Extension of Time is GRANTED. The parties shall file renewed motions for summary judgment, referring to the Vaughn index where appropriate, on or before January 17, 2025 . The parties shall file their responses to these motions on or before February 7, 2025 . The parties may then file replies in support of their renewed motions for summary judgment, if any, on or before February 21, 2025 . Signed by Judge Colleen Kollar-Kotelly on 12/20/2024. (lcckk1) (Entered: 12/20/2024) |
| 2024-12-20 | | Set/Reset Deadlines: Parties renewed Motions for Summary Judgment, referring to the Vaughn index where appropriate by 1/17/2025. Responses to Motion for Summary Judgment due by 2/7/2025. Replies, if any, to Motion for Summary Judgment due by 2/21/2025. (dot) (Entered: 12/27/2024) |
| 2025-01-17 | 30 | MOTION for Summary Judgment by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Elizabeth Teter-Gossmann, # 3 Statement of Facts, # 4 Text of Proposed Order)(Dreier, Douglas) (Entered: 01/17/2025) |
| 2025-01-17 | 31 | MOTION for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Elizabeth A. Brehm, # 3 Exhibit A to Declaration of Brehm, # 4 Statement of Facts, # 5 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 01/17/2025) |
| 2025-02-07 | 32 | RESPONSE re 30 MOTION for Summary Judgment filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 02/07/2025) |
| 2025-02-07 | 33 | Memorandum in opposition to re 31 Motion for Summary Judgment, filed by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Statement of Facts - Response, # 2 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/07/2025) |
| 2025-02-21 | 34 | REPLY to opposition to motion re 31 Motion for Summary Judgment, filed by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 02/21/2025) |
| 2025-02-21 | 35 | REPLY to opposition to motion re 30 Motion for Summary Judgment filed by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Statement of Facts - Reply)(Dreier, Douglas) (Entered: 02/21/2025) |
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