| Date Filed | Doc # | Docket Text |
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| 2024-05-31 | 1 | COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION (Filing fee $ 405 receipt number ADCDC-10934642) filed by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Summons (U.S. Department of Health and Human Services), # 6 Summons (Health Resources and Services Administration), # 7 Summons (Merrick Garland, Attorney General of the United States), # 8 Summons (United States Attorney's Office))(Shumate, Brett) Modified on 5/31/2024; per counsel (zdp). (Entered: 05/31/2024) |
| 2024-05-31 | 2 | NOTICE OF RELATED CASE by SANOFI-AVENTIS U.S. LLC. Case related to Case No. 22-2893, 22-3763, 21-1479, 21-1686, 21-2608, 21-2826, and 22-1986. (Attachments: # 1 Supplement (Attachment A))(Shumate, Brett) Modified on 6/4/2024 to add related case (mg). (Entered: 05/31/2024) |
| 2024-05-31 | 3 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SANOFI-AVENTIS U.S. LLC (Shumate, Brett) (Entered: 05/31/2024) |
| 2024-05-31 | 4 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rajeev Muttreja, Filing fee $ 100, receipt number ADCDC-10934960. Fee Status: Fee Paid. by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Declaration of Rajeev Muttreja, # 2 Certificate of Good Standing (Rajeev Muttreja), # 3 Text of Proposed Order)(Shumate, Brett) (Entered: 05/31/2024) |
| 2024-05-31 | 5 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Toni-Ann Citera, Filing fee $ 100, receipt number ADCDC-10934981. Fee Status: Fee Paid. by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Declaration of Toni-Ann Citera, # 2 Certificate of Good Standing (Toni-Ann Citera), # 3 Text of Proposed Order)(Shumate, Brett) (Entered: 05/31/2024) |
| 2024-05-31 | 6 | NOTICE of Appearance by Megan Lacy Owen on behalf of SANOFI-AVENTIS U.S. LLC (Lacy Owen, Megan) (Entered: 05/31/2024) |
| 2024-06-04 | | Case Assigned to Judge Dabney L. Friedrich. (mg) Modified docket text on 6/4/2024 (mg). (Entered: 06/04/2024) |
| 2024-06-04 | 7 | SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 06/04/2024) |
| 2024-06-27 | 8 | Unopposed MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 06/27/2024) |
| 2024-06-27 | | MINUTE ORDER. Upon consideration of the defendants' 8 Unopposed Motion for Extension of Time, the motion is GRANTED. The defendants shall respond to the plaintiff's Complaint on or before August 2, 2024. So Ordered by Judge Dabney L. Friedrich on June 27, 2024. (lcdlf1) (Entered: 06/27/2024) |
| 2024-06-27 | | Set/Reset Deadlines: Answer due by 8/2/2024, (zjch, ) (Entered: 06/28/2024) |
| 2024-06-28 | 9 | STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on June 28, 2024. (lcdlf1) (Entered: 06/28/2024) |
| 2024-06-28 | | ORDER granting counsel's 4 Motion for Leave to Appear 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. So Ordered by Judge Dabney L. Friedrich on June 28, 2024. (lcdlf1) (Entered: 06/28/2024) |
| 2024-06-28 | | ORDER granting counsel's 5 Motion for Leave to Appear 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. So Ordered by Judge Dabney L. Friedrich on June 28, 2024. (lcdlf1) (Entered: 06/28/2024) |
| 2024-07-08 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/4/2024. Answer due for ALL FEDERAL DEFENDANTS by 7/4/2024. (Shumate, Brett) (Entered: 07/08/2024) |
| 2024-07-08 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/10/2024. (Shumate, Brett) (Entered: 07/08/2024) |
| 2024-07-08 | 12 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/10/2024 (Shumate, Brett) (Entered: 07/08/2024) |
| 2024-07-08 | 13 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION served on 6/24/2024 (Shumate, Brett) (Entered: 07/08/2024) |
| 2024-07-31 | 14 | NOTICE of Appearance by Rajeev Muttreja on behalf of SANOFI-AVENTIS U.S. LLC (Muttreja, Rajeev) (Entered: 07/31/2024) |
| 2024-07-31 | 15 | NOTICE of Appearance by Toni Citera on behalf of SANOFI-AVENTIS U.S. LLC (Citera, Toni) (Entered: 07/31/2024) |
| 2024-08-02 | 16 | ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION.(Escher, Sam) (Entered: 08/02/2024) |
| 2024-08-02 | | MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiffs' FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before September 6, 2024. Signed by Judge Dabney L. Friedrich on August 2, 2024. (lcdlf1) (Entered: 08/02/2024) |
| 2024-09-06 | 17 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Escher, Sam) (Entered: 09/06/2024) |
| 2024-09-08 | | MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the following briefing schedule shall govern further proceedings: the plaintiff shall file its motion for summary judgment on or before October 3, 2024; the defendant shall file any response on or before November 14, 2024; and the plaintiff shall file any reply on or before December 6, 2024. The Court will not be inclined to grant future motions for extensions of the briefing schedule absent compelling circumstances. So Ordered by Judge Dabney L. Friedrich on September 8, 2024. (lcdlf1) (Entered: 09/08/2024) |
| 2024-10-03 | 18 | MOTION for Summary Judgment by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Text of Proposed Order)(Shumate, Brett) (Entered: 10/03/2024) |
| 2024-10-31 | 19 | MOTION for Leave to File Brief as Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment by ELI LILLY AND COMPANY. (Attachments: # 1 Proposed Amicus Brief, # 2 Declaration of John C. OQuinn, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Text of Proposed Order)(O'Quinn, John) (Entered: 10/31/2024) |
| 2024-11-14 | 20 | Cross MOTION for Partial Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Declaration from HRSA, # 3 Declaration from Walgreens, # 4 Walgreens Contract, # 5 Pole Mountain State Contract, # 6 Text of Proposed Order)(Escher, Sam) (Entered: 11/14/2024) |
| 2024-11-14 | 21 | Memorandum in opposition to re 18 Motion for Summary Judgment, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Escher, Sam) (Entered: 11/14/2024) |
| 2024-11-14 | 22 | Memorandum in opposition to re 19 Motion for Leave to File,, Brief as Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Escher, Sam) (Entered: 11/14/2024) |
| 2024-11-29 | 23 | REPLY to opposition to motion re 18 Motion for Summary Judgment, filed by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Exhibit B)(Shumate, Brett) (Entered: 11/29/2024) |
| 2024-11-29 | 24 | Memorandum in opposition to re 20 Motion for Partial Summary Judgment, filed by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Exhibit B)(Shumate, Brett) (Entered: 11/29/2024) |
| 2024-12-06 | 25 | REPLY to opposition to motion re 20 Motion for Partial Summary Judgment, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Escher, Sam) (Entered: 12/06/2024) |
| 2024-12-18 | 26 | NOTICE OF WITHDRAWAL OF APPEARANCE as to SANOFI-AVENTIS U.S. LLC. Attorney Megan Lacy Owen terminated. (Lacy Owen, Megan) (Entered: 12/18/2024) |
| 2025-01-16 | 27 | NOTICE OF WITHDRAWAL OF APPEARANCE as to SANOFI-AVENTIS U.S. LLC. Attorney Brett A. Shumate terminated. (Shumate, Brett) (Entered: 01/16/2025) |
| 2025-01-31 | 28 | MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Escher, Sam) (Entered: 01/31/2025) |
| 2025-02-07 | 29 | MOTION to Strike 28 MOTION for Summary Judgment by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Text of Proposed Order)(Muttreja, Rajeev) (Entered: 02/07/2025) |
| 2025-02-13 | 30 | NOTICE Regarding Motion to Strike by SANOFI-AVENTIS U.S. LLC (Muttreja, Rajeev) (Entered: 02/13/2025) |
| 2025-02-20 | 31 | RESPONSE re 29 MOTION to Strike 28 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 02/20/2025) |
| 2025-02-27 | 32 | REPLY to opposition to motion re 29 Motion to Strike filed by SANOFI-AVENTIS U.S. LLC. (Muttreja, Rajeev) (Entered: 02/27/2025) |
| 2025-03-27 | 33 | NOTICE OF WITHDRAWAL OF APPEARANCE as to SANOFI-AVENTIS U.S. LLC. Attorney Toni Citera terminated. (Citera, Toni) (Entered: 03/27/2025) |
| 2025-09-19 | | MINUTE ORDER. Upon review of the record, the Court observes that the defendants released two responsive documents ( i.e. , two pharmacy contracts) in late 2024. Dkt. 23 at 6; Dkt. 25 at 4. In addition, the briefing in this case reflects that the defendants have indicated a willingness to release more. See, e.g. , Dkt 28 at 7 ("Defendants have repeatedly represented to Plaintiff that they are willing and interested in working with Plaintiff to fulfill its request despite its overbreadth."). Briefing also reflects that there were efforts to reach an agreement as to the number and timing of release of documents and the possibility of narrowing the request and / or establishing a schedule for the production of documents. See Dkt. 28 at 7-8. Accordingly, the Court directs the parties to file on or before Monday, September 22, 2025, at 5:00 p.m. a status report that states (1) whether the dispute between the parties has been narrowed in any manner; (2) the number of responsive contracts released to date; (3) the number of responsive contracts released since late 2024; (4) what steps the defendants have taken to determine whether the parties to the remaining pharmacy contracts have agreed to the release of the information that the plaintiff seeks; and (5) the number of contract pharmacies that have (a) indicated that the information may be released, (b) indicated that the information in the contracts was intended to be confidential, or (c) not responded. Finally, the parties shall provide the Court with legal authority that addresses whether the defendants can continue to withhold the requested information as "commercial" ( i.e. , contract provisions related to (1) retention of title and (2) the nature of the relationship between covered entities and contract pharmacies) given that they have already released two contracts that contain such provisions. Upon receipt of the status report, the Court will consider whether to schedule a status conference on September 23 or 24, 2025, so the parties should also indicate their availability for a telephonic status conference on those dates. So Ordered by Judge Dabney L. Friedrich on September 19, 2025. (lcdlf3) (Entered: 09/19/2025) |
| 2025-09-22 | 34 | Joint STATUS REPORT by SANOFI-AVENTIS U.S. LLC. (Muttreja, Rajeev) (Entered: 09/22/2025) |
| 2025-09-23 | | NOTICE of Hearing: A Telephonic Motion Hearing is set for 9/25/2025 at 2:00 PM before Judge Dabney L. Friedrich. (smc) (Entered: 09/23/2025) |
| 2025-09-25 | | Minute Entry for Telephonic Motion Hearing held on 9/25/2025 before Judge Dabney L. Friedrich: For the reasons stated on the record, the Court DENIED without Prejudice 18 , 19 and 28 Motions, GRANTED 20 Motion and DISMISSED as Moot 29 Motion. Joint Status Report due by 11/24/2025. Court Reporter: Bryan Wayne. (smc) (Entered: 09/25/2025) |
| 2025-09-25 | | MINUTE ORDER. Consistent with the ruling during today's telephonic motion hearing, it is ORDERED that the plaintiff's 18 Motion for Summary Judgment is DENIED without prejudice; the 19 Motion for Leave to File an Amicus Brief is DENIED without prejudice; the defendants' 20 Cross Motion for Partial Summary Judgment is GRANTED to the extent that it concerns the two responsive contracts that have been produced by the defendants; the defendants' 28 Motion for Summary Judgment is DENIED without prejudice; and the plaintiff's 29 Motion to Strike the 28 motion is DISMISSED as moot. As ORDERED: (1) the parties shall meet and confer regarding the requested contracts; (2) the defendants shall promptly identify 25 responsive contracts and complete the pre-disclosure and submitter review processes with respect to each contract; (3) on or before November 24, 2025, the parties shall file a joint status report in which the parties shall reveal any areas of agreement, and the defendants shall provide the following information: (a) the amount of time the agency spent on the search; (b) the amount of time the agency spent on compiling pre-disclosure notices and conducting submitter review; (c) the responses received from the contracting entities regarding confidentiality, including the number of submitters that objected to the release of the contracts, and the number that consented to release or did not respond; (d) the amount of time the agency spent redacting the contracts; (e) the number of contracts the defendants produced to the plaintiff and the number of contracts the defendants withheld; and (f) the reasons the defendants withheld any contracts, including whether the defendants are invoking Exemption 4. So Ordered by Judge Dabney L. Friedrich on September 25, 2025. (lcdlf3) (Entered: 09/25/2025) |
| 2025-10-06 | 35 | TRANSCRIPT OF MOTION HEARING before Judge Dabney L. Friedrich held on September 25, 2025; Page Numbers: 1-33. Date of Issuance: 10/6/25. Court Reporter: Bryan A. Wayne, (202) 354-3186. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/27/2025. Redacted Transcript Deadline set for 11/6/2025. Release of Transcript Restriction set for 1/4/2026.(Wayne, Bryan) (Entered: 10/06/2025) |
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