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Case TitleState of Florida et al v. Food and Drug Administration et al
DistrictMiddle District of Florida
CityTampa
Case Number8:2023cv00877
Date Filed2023-04-21
Date ClosedOpen
JudgeJudge Thomas P. Barber
PlaintiffState of Florida
PlaintiffFlorida Agency for Health Care Administration
Case DescriptionThe State of Florida submitted a FOIA request to the FDA for records concerning Florida's SIP proposal. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Florida filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFood and Drug Administration
DefendantDepartment of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-211COMPLAINT against All Defendants (Filing fee $402 receipt number AFLMDC-20749541) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Summons)(McCotter, R.) (Entered: 04/21/2023)
2023-04-212NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Thomas G. Wilson. New case number: 8:23-cv-877-TPB-TGW. (ARC) (Entered: 04/21/2023)
2023-04-213STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 4/21/2023. (ABC) (Entered: 04/21/2023)
2023-04-244SUMMONS issued as to Department of Health and Human Services, Food and Drug Administration, U.S. Attorney and U.S. Attorney General. (LSS) (Entered: 04/24/2023)
2023-04-245NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LSS) (Entered: 04/24/2023)
2023-04-246NOTICE TO COUNSEL R. Trent McCotter Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LSS) (Entered: 04/24/2023)
2023-04-257Unopposed MOTION for R. Trent McCotter to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20760882 for $150 by Florida Agency for Health Care Administration. (McCotter, R.) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 04/25/2023)
2023-04-258Unopposed MOTION for Jared M. Kelson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20760919 for $150 by Florida Agency for Health Care Administration. (McCotter, R.) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 04/25/2023)
2023-04-269ORDER granting 7 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 4/26/2023. (ABC) (Entered: 04/26/2023)
2023-04-2610ORDER granting 8 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 4/26/2023. (ABC) (Entered: 04/26/2023)
2023-04-2611NOTICE of Lead Counsel Designation by R. Trent McCotter on behalf of Florida Agency for Health Care Administration. Lead Counsel: R. Trent McCotter. (McCotter, R.) (Entered: 04/26/2023)
2023-04-2712PROOF of service by Florida Agency for Health Care Administration, State of Florida (McCotter, R.) (Entered: 04/27/2023)
2023-05-0113NOTICE of hearing: Case Management Conference set for JUNE 28, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) (Entered: 05/01/2023)
2023-05-0114NOTICE of Appearance by Natalie Christmas on behalf of State of Florida (Christmas, Natalie) (Entered: 05/01/2023)
2023-05-0515NOTICE TO COUNSEL of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (SRC) (Entered: 05/05/2023)
2023-05-0516NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (SRC) (Entered: 05/05/2023)
2023-05-1117NOTICE OF RESCHEDULING HEARING: The Case Management Conference previously scheduled for 6/28/2023 is rescheduled. New scheduling date and time: MAY 31, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) (Entered: 05/11/2023)
2023-05-2518ANSWER and affirmative defenses to 1 Complaint, by Department of Health and Human Services, Food and Drug Administration.(Scott, Olivia) (Entered: 05/25/2023)
2023-05-2619NOTICE of Appearance by Stephen Michael Pezzi on behalf of Department of Health and Human Services, Food and Drug Administration (Pezzi, Stephen) (Entered: 05/26/2023)
2023-05-3120Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: CASE MANAGEMENT CONFERENCE held on 5/31/2023. Court Reporter: Rebekah Lockwood (SRC) (Entered: 06/01/2023)
2023-06-0221TRANSCRIPT of Case Management Conference Proceedings held on 05/31/2023 before Judge Thomas P. Barber. Court Reporter/Transcriber: Rebekah Lockwood. Email address: r.lockwooduscr@gmail.com. Telephone number: (813) 301-5380. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 6/23/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/31/2023. (RML) (Entered: 06/02/2023)
2023-07-0522CASE MANAGEMENT REPORT. (Scott, Olivia) (Entered: 07/05/2023)
2023-08-1423AMENDED COMPLAINT against All Defendants filed by State of Florida, Florida Agency for Health Care Administration. (Attachments: # 1 Exhibit March 2023 Request, # 2 Exhibit March 2023 Acknowledgment, # 3 Exhibit March 2023 Denial of Expedited Processing, # 4 Exhibit May 2023 Request, # 5 Exhibit May 2023 Acknowledgment, # 6 Exhibit May 2023 Denial of Expedited Processing)(McCotter, R.) (Entered: 08/14/2023)
2023-08-1824CASE MANAGEMENT AND SCHEDULING ORDER. See order for details. Signed by Judge Thomas P. Barber on 8/18/2023. (SRC) (Entered: 08/18/2023)
2023-08-2225MOTION for Miscellaneous Relief, specifically Set Final FOIA Production and Vaghn Index Deadlines by All Plaintiffs. (Attachments: # 1 Exhibit A)(McCotter, R.) Modified text on 8/23/2023 (MCB). (Entered: 08/22/2023)
2023-08-2826ANSWER and affirmative defenses to 23 Amended Complaint by Department of Health and Human Services, Food and Drug Administration.(Scott, Olivia) (Entered: 08/28/2023)
2023-08-2927NOTICE TO COUNSEL Olivia R. Hussey Scott of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JK) (Entered: 08/29/2023)
2023-09-0228Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Miscellaneous Relief, specifically Set Final FOIA Production and Vaughn Index Deadlines by All Defendants. (Scott, Olivia) Modified on 9/5/2023 (CTR). (Entered: 09/02/2023)
2023-09-0529ENDORSED ORDER: Defendants' unopposed motion for extension of time to file a response (Doc. 28 ) is granted. Defendants may file their response on or before September 12, 2023. Signed by Judge Thomas P. Barber on 9/5/2023. (ANL) (Entered: 09/05/2023)
2023-09-05Set deadlines as to 25 MOTION for Miscellaneous Relief, specifically SET FINAL FOIA PRODUCTION AND VAUGHN INDEX DEADLINES . Responses due by 9/12/2023. (SPM) Modified text on 9/6/2023 (GL). (Entered: 09/05/2023)
2023-09-1230RESPONSE in Opposition re 25 MOTION to Set Final FOIA Production and Vaghn Index Deadlines filed by Department of Health and Human Services, Food and Drug Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Scott, Olivia) Modified text on 9/13/2023 (BD). (Entered: 09/12/2023)
2023-09-1431MOTION for Miscellaneous Relief, specifically Leave to File Reply Brief by Florida Agency for Health Care Administration, State of Florida. (McCotter, R.) (Entered: 09/14/2023)
2023-09-1532NOTICE of Errata and Notice of Corrected Filing of Exhibit A, Declaration of Howard Philips, in Support of Defendants' Opposition to Plaintiffs' Motion to Set Final FOIA Production and Vaughn Index Deadlines by Department of Health and Human Services, Food and Drug Administration re 30 Response in Opposition to Motion (Attachments: # 1 Corrected Exhibit A)(Scott, Olivia) Modified to edit docket text on 9/18/2023 (HAI). (Entered: 09/15/2023)
2023-09-1533ENDORSED ORDER: "Plaintiffs' Motion for Leave to File a Reply" (Doc. 31 ) is denied. If necessary to resolve the pending motion, the Court will direct the parties to file supplemental memoranda or set a hearing to further address the legal issues and arguments in this case. Signed by Judge Thomas P. Barber on 9/15/2023. (ANL) (Entered: 09/15/2023)
2023-10-1834NOTICE of Appearance by Yoseph T Desta on behalf of Department of Health and Human Services, Food and Drug Administration (Desta, Yoseph) (Entered: 10/18/2023)
2023-10-2335NOTICE of hearing re 25 MOTION for Miscellaneous Relief, specifically SET FINAL FOIA PRODUCTION AND VAUGHN INDEX DEADLINES. Motion Hearing set for OCTOBER 24, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) (Entered: 10/23/2023)
2023-10-2336NOTICE of Appearance by Alison Elena Preston on behalf of State of Florida (Preston, Alison) (Entered: 10/23/2023)
2023-10-2437Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: MOTION HEARING held on 10/24/2023 re 25 MOTION for Miscellaneous Relief, specifically SET FINAL FOIA PRODUCTION AND VAUGHN INDEX DEADLINES filed by Florida Agency for Health Care Administration, State of Florida. Court Reporter: Rebekah Lockwood (SRC) (Entered: 10/24/2023)
2023-11-1338NOTICE by Florida Agency for Health Care Administration, State of Florida Joint Proposed Order Re FOIA Claims (McCotter, R.) Modified on 11/14/2023 (LD). (Entered: 11/13/2023)
2023-11-1539Minute Entry. Virtual Proceedings held before Judge Thomas P. Barber: MOTION HEARING held on 11/15/2023 re 25 MOTION for Miscellaneous Relief, specifically SET FINAL FOIA PRODUCTION AND VAUGHN INDEX DEADLINES filed by Florida Agency for Health Care Administration, State of Florida. Court Reporter: Rebekah Lockwood (SRC) (Entered: 11/17/2023)
2023-11-2140ORDER Setting FOIA Production and Vaughn Index Deadlines. See order for details. Signed by Judge Thomas P. Barber on 11/16/2023. (SRC) (Entered: 11/21/2023)
2023-11-2141ENDORSED ORDER: "Plaintiff's Motion to Set Final FOIA Production and Vaughn Index Deadlines" (Doc. 25 ) is granted in part and denied in part. The motion is granted to the extent set forth in the Court's "Order Setting FOIA Production and Vaughn Index Deadlines." (Doc. 40 ). The motion is otherwise denied. Signed by Judge Thomas P. Barber on 11/21/2023. (SRC) (Entered: 11/21/2023)
2024-01-3142ENDORSED ORDER: On or before February 8, 2024, the parties are directed to file a joint status report to apprise the Court of the status of this case. The report should specify whether any further action is necessary and whether any claims have become moot due to recent developments. Signed by Judge Thomas P. Barber on 1/31/2024. (ANL) (Entered: 01/31/2024)
2024-02-0843JOINT Status Report by Department of Health and Human Services, Food and Drug Administration. (Scott, Olivia) (Modified on 2/9/2024, to edit text) (BGR). (Entered: 02/08/2024)
2024-03-0744STIPULATION of Dismissal by Department of Health and Human Services, Food and Drug Administration. (Scott, Olivia) (Entered: 03/07/2024)
2024-03-0745ENDORSED ORDER: Pursuant to Federal Rule of Civil Procedure 41(a) and the joint "Stipulation of Dismissal with Prejudice" (Doc. 44 ), this case is dismissed with prejudice. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 3/7/2024. (ANL) (Entered: 03/07/2024)
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