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Case TitleAMERICA FIRST LEGAL FOUNDATION v. U.S. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00528
Date Filed2023-02-27
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffAMERICA FIRST LEGAL FOUNDATION
Case DescriptionAmerica First Legal Foundation submitted a FOIA request for records concerning the off-label use of puberty blockers and cross-sex hormones in children. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AFL filed suit.
Complaint issues: Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-271COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9885606) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 Summons)(Ding, Michael) (Entered: 02/27/2023)
2023-02-272LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICA FIRST LEGAL FOUNDATION (Ding, Michael) (Entered: 02/27/2023)
2023-02-27Case Assigned to Judge Carl J. Nichols. (zsl) (Entered: 02/27/2023)
2023-02-273SUMMONS (3) Issued Electronically as to U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 02/27/2023)
2023-03-024STANDING ORDER. Signed by Judge Carl J. Nichols on March 2, 2023. (lccjn3) (Entered: 03/02/2023)
2023-03-075MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ian D. Prior, Filing fee $ 100, receipt number ADCDC-9908528. Fee Status: Fee Paid. by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing)(Ding, Michael) (Entered: 03/07/2023)
2023-03-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/1/2023. Answer due for ALL FEDERAL DEFENDANTS by 3/31/2023. (Ding, Michael) (Entered: 03/07/2023)
2023-03-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FOOD AND DRUG ADMINISTRATION served on 3/1/2023 (Ding, Michael) (Entered: 03/07/2023)
2023-03-098RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/09/2023. (Ding, Michael) (Entered: 03/09/2023)
2023-03-319NOTICE of Appearance by Alexander V. Sverdlov on behalf of All Defendants (Sverdlov, Alexander) (Entered: 03/31/2023)
2023-03-3110ANSWER to Complaint by U.S. FOOD AND DRUG ADMINISTRATION.(Sverdlov, Alexander) (Entered: 03/31/2023)
2023-04-10MINUTE ORDER. The Court having considered Plaintiffs' 5 Motion for Leave to Appear Pro Hac Vice of Ian D. Prior, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Ian D. Prior is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Carl J. Nichols on April 10, 2023. (lccjn3) (Entered: 04/10/2023)
2023-04-17MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before May 1, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on April 17, 2023. (lccjn3) (Entered: 04/17/2023)
2023-04-17Set/Reset Deadlines: Joint Status Report due by 5/1/2023 (mac) (Entered: 04/17/2023)
2023-04-1911NOTICE of Appearance by Ian Prior on behalf of AMERICA FIRST LEGAL FOUNDATION (Prior, Ian) (Entered: 04/19/2023)
2023-05-0112Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Sverdlov, Alexander) (Entered: 05/01/2023)
2023-05-02MINUTE ORDER. Upon consideration of 12 Joint Status Report, it is hereby ORDERED that the parties file their next joint status report on or before June 16, 2023, and every 45 days thereafter. Signed by Judge Carl J. Nichols on May 2, 2023. (lccjn3) (Entered: 05/02/2023)
2023-06-1613Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Ding, Michael) (Entered: 06/16/2023)
2023-08-0214Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Prior, Ian) (Entered: 08/02/2023)
2023-09-1515Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Ding, Michael) (Entered: 09/15/2023)
2023-11-0616Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Prior, Ian) (Entered: 11/06/2023)
2023-12-1517Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Prior, Ian) (Entered: 12/15/2023)
2024-04-0518ENTERED IN ERROR.....Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Ding, Michael) Modified on 4/5/2024 (zdp). (Entered: 04/05/2024)
2024-04-05NOTICE OF ERROR regarding 18 Status Report. The following error(s) need correction: Invalid attorney signature- signature on document must match PACER login. Please refile. (zdp) (Entered: 04/05/2024)
2024-04-0519Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Ding, Michael) (Entered: 04/05/2024)
2024-08-0920STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Sverdlov, Alexander) (Entered: 08/09/2024)
2024-09-2321Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Prior, Ian) (Entered: 09/23/2024)
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