Case Detail

FOIA Project Annotation: Judge Royce Lamberth has ruled that the FDA properly searched for records pertaining to briefings the agency provided for Sen. Hillary Clinton (D-NY), Sen. Patty Murray (D-WA), and Michael Enzi concerning the drug Plan B. The agency provided 28 pages pertaining to Clinton and more records pertaining to Murray and Enzi. Judicial Watch claimed then challenged the adequacy of the agency's search. Aside from defending its search, the agency also asked Lamberth to find that the case was moot because all responsive records had been released. Lamberth declined to do so, noting that "in the immediate case, plaintiff has challenged the adequacy of the search for the requested records. Plaintiff has a cognizable interest in having this Court determine whether the search for records was adequate under the standards for adequate records searches required under the FOIA by the relevant case law." Judicial Watch argued that the agency must have notes or written information pertaining to the briefings and that public statements made by Clinton and Murray suggested that there was more. Lamberth found the claims merely speculative. Responding to Judicial Watch's claim that the agency's description of its search was inadequate, Lamberth noted that the "FDA searched each office identified likely to have responsive documents and provided detailed information about the types of searches conducted in those offices." He concluded that "this Court is satisfied that FDA has acted in good faith toward the plaintiff and this Court. In light of the original and supplemental declarations submitted by the defendant, it is clear to this Court that FDA satisfied its obligation under the FOIA to provide an adequate and reasonable search."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2007-03-21	1	COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 350, receipt number 4616003064) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet)(tg, ) (Entered: 03/23/2007)
2007-03-21	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (tg, ) (Entered: 03/23/2007)
2007-03-21		Summons (3) Issued as to U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (tg, ) (Entered: 03/23/2007)
2007-04-23	3	NOTICE of Appearance by Robin Michelle Meriweather on behalf of U.S. FOOD AND DRUG ADMINISTRATION (Meriweather, Robin) (Entered: 04/23/2007)
2007-04-24	4	Consent MOTION for Extension of Time to File Answer re 1 Complaint Or to Otherwise Respond to Complaint by U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Meriweather, Robin) (Entered: 04/24/2007)
2007-05-02	5	ORDER GRANTING Defendant's Consent Motion 4 for Extension of Time to Answer or otherwise respond to Plaintiff's Complaint, and ORDERING that defendant shall file an answer or otherwise respond to plaintiff's complaint on or before May 4, 2007. Signed by Judge Royce C. Lamberth on 5/2/07. (lcrcl2, ) (Entered: 05/02/2007)
2007-05-02		Set/Reset Deadlines: Defendant's Answer or Response due by 5/4/2007. (rje) (Entered: 05/02/2007)
2007-05-04	6	MOTION to Dismiss for Lack of Jurisdiction Or In the Alternative , MOTION for Summary Judgment by U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Affidavit Crim Declaration# 2 Affidavit Granger Declaration# 3 Affidavit Mungo Declaration# 4 Affidavit Schifter Declaration# 5 Text of Proposed Order)(Meriweather, Robin) (Entered: 05/04/2007)
2007-05-04	7	ERRATA by U.S. FOOD AND DRUG ADMINISTRATION 6 MOTION to Dismiss for Lack of Jurisdiction Or In the Alternative MOTION for Summary Judgment filed by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Exhibit 1 (Corrected Page 12 for Dkt Entry 6))(Meriweather, Robin) (Entered: 05/04/2007)
2007-05-16	8	NOTICE of Appearance by Meredith Leigh Di Liberto on behalf of JUDICIAL WATCH, INC. (Di Liberto, Meredith) (Entered: 05/16/2007)
2007-05-16	9	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss or, in the alternative, for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 05/16/2007)
2007-05-23	10	ORDER GRANTING Motion 9 for Extension of Time to File Response/Reply, and ORDERING that plaintiff, Judicial Watch, shall submit its opposition no later than Friday, June 1, 2007. Signed by Judge Royce C. Lamberth on 5/23/07. (lcrcl2, ) (Entered: 05/23/2007)
2007-05-23		Set/Reset Deadlines: Plaintiff's Opposition due by 6/1/2007 (rje) (Entered: 05/23/2007)
2007-05-30	11	AMENDED COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION filed by JUDICIAL WATCH, INC.(tg, ) (Entered: 05/31/2007)
2007-06-01	12	Memorandum in opposition to re 6 MOTION to Dismiss for Lack of Jurisdiction Or In the Alternative MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Plaintiff's Rule 56(f) Affidavit# 2 Exhibit Press Release)(Orfanedes, Paul) (Entered: 06/01/2007)
2007-06-11	13	Consent MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Dismiss for Lack of Jurisdiction Or In the Alternative MOTION for Summary Judgment by U.S. FOOD AND DRUG ADMINISTRATION (Meriweather, Robin) (Entered: 06/11/2007)
2007-06-12	14	ENTERED IN ERROR.....MOTION to Clarify or, in the Alternative, for Leave to File Amended Complaint by JUDICIAL WATCH, INC. (Attachments: # 1 )(Orfanedes, Paul) Modified on 6/12/2007 (tg, ). (Entered: 06/12/2007)
2007-06-12		NOTICE OF CORRECTED DOCKET ENTRY: re 14 MOTION to Clarify or, in the Alternative, for Leave to File Amended Complaint was entered in error at the request of counsel. Counsel will refile said pleading. (tg, ) (Entered: 06/12/2007)
2007-06-12	15	MOTION to Clarify or, in the Alternative, for Leave to File Amended Complaint by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit Amended Complaint# 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 06/12/2007)
2007-06-12	16	MOTION for Leave to File an Amended Complaint by JUDICIAL WATCH, INC. (tg, ) (See Docket Entry 15 to view document) (Entered: 06/13/2007)
2007-06-15	17	MOTION to Strike 11 Amended Complaint by U.S. FOOD AND DRUG ADMINISTRATION (Meriweather, Robin) (Entered: 06/15/2007)
2007-06-15	18	MOTION for Extension of Time by U.S. FOOD AND DRUG ADMINISTRATION (tg, ) (See Docket Entry 17 to view document) (Entered: 06/18/2007)
2007-06-19	19	Memorandum in opposition to re 18 MOTION for Extension of Time to, 17 MOTION to Strike 11 Amended Complaint filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 06/19/2007)
2007-06-21	20	REPLY to opposition to motion re 6 MOTION to Dismiss for Lack of Jurisdiction Or In the Alternative MOTION for Summary Judgment filed by U.S. FOOD AND DRUG ADMINISTRATION. (Meriweather, Robin) (Entered: 06/21/2007)
2007-06-26	21	Memorandum in opposition to re 16 MOTION for Leave to File, 15 MOTION to Clarify or, in the Alternative, for Leave to File Amended Complaint filed by U.S. FOOD AND DRUG ADMINISTRATION. (Meriweather, Robin) (Entered: 06/26/2007)
2007-06-29	22	REPLY to opposition to motion re 18 MOTION for Extension of Time to, 17 MOTION to Strike 11 Amended Complaint filed by U.S. FOOD AND DRUG ADMINISTRATION. (Meriweather, Robin) (Entered: 06/29/2007)
2007-07-06	23	ORDER denying 6 Motion to Dismiss for Lack of Jurisdiction; denying 6 Motion for Summary Judgment; finding as moot 13 Motion for Extension of Time to File Response/Reply ; finding as moot 15 Motion ; granting 16 Motion for Leave to File; finding as moot 17 Motion to Strike ; finding as moot 18 Motion for Extension of Time. Signed by Judge Royce C. Lamberth on 7/6/2007. (lcrcl1, ) (Entered: 07/06/2007)
2007-07-06	24	AMENDED COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION filed by JUDICIAL WATCH, INC.(tg, ) (Entered: 07/09/2007)
2007-07-09		Set/Reset Deadlines: Defendant's Response to amended complaint due by 7/16/2007 (rje) (Entered: 07/09/2007)
2007-07-16	25	MOTION to Dismiss for Lack of Jurisdiction, MOTION for Summary Judgment by U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Exhibit A (May Granger Decl)# 2 Exhibit B (July Granger Decl)# 3 Exhibit B (cont.) (Exhs. to July Granger Decl.)# 4 Exhibit C (April Mungo Decl)# 5 Exhibit D (July Mungo Decl.)# 6 Exhibit E (May Schifter Decl.)# 7 Exhibit F (July Schifter Decl.)# 8 Exhibit G (Crim Decl.)# 9 Exhibit H (Palmer Decl.)# 10 Text of Proposed Order)(Meriweather, Robin) (Entered: 07/16/2007)
2007-07-30	26	Memorandum in opposition to re 25 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment and Statement of Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Di Liberto, Meredith) (Entered: 07/30/2007)
2007-08-08	27	REPLY to opposition to motion re 25 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment And Response to Plaintiff's Statement of Material Facts filed by U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Exhibit 1 (Palmer Declaration)# 2 Exhibit 2 (Granger Decl)# 3 Exhibit 3 (Mungo Decl)# 4 Exhibit 4 (Schifter Decl.))(Meriweather, Robin) (Entered: 08/08/2007)
2007-10-02	28	MEMORANDUM AND OPINION. Signed by Judge Royce C. Lamberth on 10/02/2007. (lcrcl2, ) Additional attachment(s) added on 10/2/2007 (lc, ). (Entered: 10/02/2007)
2007-10-02	29	ORDER denying 25 Motion to Dismiss for Lack of Jurisdiction; granting 25 Motion for Summary Judgment in favor of defendant. Signed by Judge Royce C. Lamberth on 10/02/2007. (lcrcl2, ) (Entered: 10/02/2007)
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