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Case TitleAMERICA FIRST LEGAL FOUNDATION v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03680
Date Filed2023-12-11
Date ClosedOpen
JudgeJudge Amir H. Ali
PlaintiffAMERICA FIRST LEGAL FOUNDATION
Case DescriptionAmerica First Legal Foundation submitted three FOIA requests to the FDA for records concerning hydroxychloroquine over a specific period of time. AFL also requested a fee waiver for each request. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AFL filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
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
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-111COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10549269) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Civil Cover Sheet)(Meckler, Jacob) (Entered: 12/11/2023)
2023-12-13Case Assigned to Judge Colleen Kollar-Kotelly. (zcb) (Entered: 12/13/2023)
2023-12-132SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 12/13/2023)
2023-12-203ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/20/23. (DM) (Entered: 12/20/2023)
2024-01-314NOTICE of Appearance by Brian J. Levy on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION (Levy, Brian) (Entered: 01/31/2024)
2024-01-315ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION.(Levy, Brian) (Entered: 01/31/2024)
2024-01-316ORDER directing parties to file joint status report on or before March 15, 2024 . See Order for more details. Signed by Judge Colleen Kollar-Kotelly on 1/31/2024. (lcckk1) (Entered: 01/31/2024)
2024-01-31Set/Reset Deadlines: Joint Status Report due by 3/15/2024. (dot) (Entered: 02/02/2024)
2024-03-157Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 03/15/2024)
2024-05-158Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 05/15/2024)
2024-05-20MINUTE ORDER: The Court is in receipt of the parties' 8 Joint Status Report. Therein, Defendant HHS explains that it made its first production of records on April 25, 2024, and "expects to make additional productions of responsive and non-exempt information on a monthly basis." Similarly, Defendant FDA made its first production of records on April 30, 2024, and "expects to make additional productions of responsive and non-exempt information on a monthly basis." The Court directs the parties to file another joint status report on or before July 15, 2024 , and, if necessary, every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on 5/20/2024. (lcckk1) (Entered: 05/20/2024)
2024-05-20Set/Reset Deadlines: Joint Status Report due by 7/15/2024, and, if necessary, every sixty days thereafter. (dot) (Entered: 05/22/2024)
2024-07-159Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Levy, Brian) (Entered: 07/15/2024)
2024-09-1310Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 09/13/2024)
2024-09-13MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, the Court ORDERS that the parties shall submit a joint status report no later than January 13, 2025 . If necessary, the parties shall continue to submit joint status reports every 120 days thereafter. Signed by Judge Colleen Kollar-Kotelly on 09/13/2024. (lcckk1) (Entered: 09/13/2024)
2024-09-13Set/Reset Deadlines: Joint Status Report due by 1/13/2025. (dot) (Entered: 09/17/2024)
2024-11-27Case directly reassigned to Judge Amir H. Ali. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 11/27/2024)
2025-01-1311Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Levy, Brian) (Entered: 01/13/2025)
2025-05-1312Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Levy, Brian) (Entered: 05/13/2025)
2025-09-1013Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Levy, Brian) (Entered: 09/10/2025)
2025-09-16MINUTE ORDER. The Court is in receipt of the parties' 13 joint status report. The parties shall file another joint status report by October 31, 2025. That report shall specify the number of documents processed and produced to date, the number remaining, and a proposed timeline for doing so. The parties shall meet and confer in advance of filing the report to identify ways that the search may be prioritized and narrowed, in the interest of efficiency for all parties. The parties remain under the Court's prior order to file a joint status report every 120 days. Signed by Judge Amir H. Ali on 9/16/2025. (lcaha3) (Entered: 09/16/2025)
2025-09-1614NOTICE of Appearance by William Frank Scolinos on behalf of AMERICA FIRST LEGAL FOUNDATION (Scolinos, William) (Entered: 09/16/2025)
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