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Case TitleDefending the Republic v. Food and Drug Administration
DistrictNorthern District of Texas
CityDallas
Case Number3:2022cv01237
Date Filed2022-06-07
Date ClosedOpen
JudgeJudge Ada Brown
PlaintiffDefending the Republic
Case DescriptionDefending the Republic submitted a FOIA request to the FDA for records concerning the approval of the Moderna vaccine Spikevax. Defend the Republic also requested expedited processing. The FDA acknowledged receipt of the request. The agency denied Defending the Republic's request for expedited processing. After hearing nothing further from the agency, Defending the Republic filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFood and Drug Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-071COMPLAINT against Defending the Republic filed by Defending the Republic. (Filing fee $402; Receipt number 0539-12876186) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3) (Holmes, Robert) (Entered: 06/07/2022)
2022-06-072CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Defending the Republic. (Clerk QC note: No affiliate entered in ECF). (Holmes, Robert) (Entered: 06/07/2022)
2022-06-073ADDITIONAL ATTACHMENTS (Civil Cover Sheet) to 1 Complaint by Plaintiff Defending the Republic. (Holmes, Robert) (Main Document 3 replaced on 6/7/2022 to flatten image) (sxf). Modified on 6/7/2022 (sxf). (Entered: 06/07/2022)
2022-06-074New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (sxf) (Entered: 06/07/2022)
2022-06-075Summons issued as to Food and Drug Administration, U.S. Attorney, and U.S. Attorney General. (sxf) (Entered: 06/08/2022)
2022-06-146Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12892869) filed by Defending the Republic (Attachments: # 1 Cert of Good Standing)Attorney Travis Wilson Miller added to party Defending the Republic(pty:pla) (Miller, Travis) (Entered: 06/14/2022)
2022-06-157ELECTRONIC ORDER granting 6 Application for Admission Pro Hac Vice of Travis Wilson Miller. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 6/15/2022) (chmb) (Entered: 06/15/2022)
2022-06-168AMENDED ADDITIONAL ATTACHMENTS to by Defending the Republic. (Miller, Travis) Modified text on 6/17/2022 (jmg). (Entered: 06/16/2022)
2022-06-279PROOF of Service as to Food and Drug Administration, U.S. Attorney, and U.S. Attorney General, served on 6/15/2022. (Miller, Travis) Modified event on 6/28/2022 (ygl). (Entered: 06/27/2022)
2022-06-3010Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12931572) filed by Defending the Republic (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))Attorney Brandon Johnson added to party Defending the Republic(pty:pla) (Johnson, Brandon) (Entered: 06/30/2022)
2022-07-0111ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Brandon Johnson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 7/1/2022) (chmb) (Entered: 07/01/2022)
2022-07-1512NOTICE of Attorney Appearance by Marcia K Sowles on behalf of Food and Drug Administration. (Filer will update contact info in ECF.) (Sowles, Marcia) (Entered: 07/15/2022)
2022-07-1513ANSWER to 1 Complaint filed by Food and Drug Administration. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Sowles, Marcia) (Entered: 07/15/2022)
2022-07-1514CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Food and Drug Administration. (Clerk QC note: No affiliate entered in ECF). (Sowles, Marcia) (Main Document 14 replaced with flattened PDF on 7/18/2022) (ygl). (Entered: 07/15/2022)
2022-07-1915STATUS REPORT ORDER: Joint Status Report Due Three (3) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 7/19/2022) (oyh) (Entered: 07/19/2022)
2022-08-0816Joint MOTION to Extend Time to file a Joint Report pursuant to the Court's Order dated July 13, 2022 filed by Food and Drug Administration (Sowles, Marcia) (Entered: 08/08/2022)
2022-08-0917ELECTRONIC ORDER granting 16 JOINT MOTION FOR AN EXTENSION OF TIME TO FILE STATUS REPORT. The parties deadline to file a joint status report is extended to August 16, 2022. (Ordered by Judge Ada Brown on 8/9/2022) (chmb) (Entered: 08/09/2022)
2022-08-1618Joint STATUS REPORT filed by Food and Drug Administration. (Sowles, Marcia) (Entered: 08/16/2022)
2022-09-0619Joint STATUS REPORT filed by Food and Drug Administration. (Sowles, Marcia) (Entered: 09/06/2022)
2022-09-2820Joint STATUS REPORT filed by Food and Drug Administration. (Sowles, Marcia) (Entered: 09/28/2022)
2022-09-2921ELECTRONIC ORDER Granting #20 Joint Motion for an Extension of Time to File a Status Report. Status Report due 10/18/2022. (Ordered by Judge Ada Brown on 9/29/2022) (chmb) (Entered: 09/29/2022)
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by FOIA Project Staff
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