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Case TitleJUUL LABS, INC. v. FOOD & DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02853
Date Filed2022-09-20
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffJUUL LABS, INC.
Case DescriptionJuul Labs, Inc. submitted a FOIA request to the FDA for records concerning the agency's decision to issue a marketing denial order. The agency acknowledged receipt of the request. The agency withheld records under Exemption 5 (privileges). Juul filed an administrative appeal but after hearing nothing further from the agency, Juul filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFOOD & DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-201COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9534392) filed by JUUL LABS, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Food & Drug Administration, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Attorney for DC)(Wilcox, Jason) (Entered: 09/20/2022)
2022-09-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUUL LABS, INC. (Wilcox, Jason) (Entered: 09/20/2022)
2022-09-20Case Assigned to Judge Randolph D. Moss. (znmg) (Entered: 09/20/2022)
2022-09-203SUMMONS (3) Issued Electronically as to FOOD & DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 09/20/2022)
2022-09-204STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 09/20/2022. (lcrdm1) (Entered: 09/20/2022)
2022-10-165NOTICE of Appearance by Antonia Marie Konkoly on behalf of FOOD & DRUG ADMINISTRATION (Konkoly, Antonia) (Entered: 10/16/2022)
2022-10-166Consent MOTION for Extension of Time to File Answer re 1 Complaint, by FOOD & DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 10/16/2022)
2022-10-17MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time to file answer, Dkt. 6 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiff's complaint on or before November 4, 2022. Signed by Judge Randolph D. Moss on 10/17/2022. (lcrdm1) (Entered: 10/17/2022)
2022-10-177RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/21/2022. Answer due for ALL FEDERAL DEFENDANTS by 10/21/2022. (Wilcox, Jason) (Entered: 10/17/2022)
2022-10-178RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/26/2022. (Wilcox, Jason) (Entered: 10/17/2022)
2022-11-049ANSWER to Complaint by FOOD & DRUG ADMINISTRATION.(Konkoly, Antonia) (Entered: 11/04/2022)
2022-11-06MINUTE ORDER: It is ORDERED that, on or before December 8, 2022, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear by video for an Initial Scheduling Conference on December 14, 2022, at 10:30 a.m. Signed by Judge Randolph D. Moss on 11/6/2022. (lcrdm1) (Entered: 11/06/2022)
2022-12-0810Joint STATUS REPORT by JUUL LABS, INC.. (Wilcox, Jason) (Entered: 12/08/2022)
2022-12-14Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Initial Scheduling Conference held on 12/14/2022. Defendant shall provide Plaintiff with a draft Vaughn Index on or before 12/16/2022; Defendant's pre-motion statement due by 1/6/2023; Plaintiff's response due by 1/13/2023. Pre-motion Conference set for 1/19/2023, at 10:30 AM, by video, Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 12/14/2022)
2023-01-0611NOTICE of the Anticipated Bases for Defendant's Proposed Motion for Summary Judgment by FOOD & DRUG ADMINISTRATION (Konkoly, Antonia) (Entered: 01/06/2023)
2023-01-1312TRANSCRIPT OF INITIAL SCHEDULING CONFERENCE before Judge Randolph D. Moss held on December 14, 2022. Page Numbers: 1 - 6. Date of Issuance: January 13, 2023. Court Reporter: Jeff Hook. Contact Information: 202-354-3373. 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 cour t 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 2/3/2023. Redacted Transcript Deadline set for 2/13/2023. Release of Transcript Restriction set for 4/13/2023.(Hook, Jeff) (Entered: 01/13/2023)
2023-01-1313NOTICE Notice of Summary Judgment Statement by JUUL LABS, INC. (Wilcox, Jason) (Entered: 01/13/2023)
2023-01-1914NOTICE of Appearance by Peter A. Farrell on behalf of JUUL LABS, INC. (Farrell, Peter) (Entered: 01/19/2023)
2023-01-19Minute Entry for proceedings held before Judge Randolph D. Moss: Pre-Motion Conference held on 1/19/2023 via Zoom. Government's Motion due 3/2/23; Plaintiff's Response or Cross Motion due by 4/13/2023; Government's Response to Cross Motion due by 5/11/2023; Plaintiff's Reply to Cross Motion due by 6/8/2023. (Court Reporter Jeff Hook) (zglw) (Entered: 01/19/2023)
2023-01-2715TRANSCRIPT OF PRE-MOTION CONFERENCE (ZOOM) before Judge Randolph D. Moss held on January 19, 2023. Page Numbers: 1 - 6. Date of Issuance: January 27, 2023. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. 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 r eporter 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 2/17/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/27/2023.(Hook, Jeff) (Entered: 01/27/2023)
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