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Case TitlePublic Health and Medical Professionals for Transparency et al v. Food and Drug Administration
DistrictNorthern District of Texas
CityFort Worth
Case Number4:2022cv00915
Date Filed2022-10-11
Date ClosedOpen
JudgeJudge Mark Pittman
PlaintiffPublic Health and Medical Professionals for Transparency
PlaintiffPatrick de Garay
PlaintiffStephanie de Garay
Case DescriptionPublic Health and Medical Professionals for Transparency submitted two FOIA requests to the FDA for records concerning the COVID-19 vaccines. The agency acknowledged receipt of the requests. After the agency failed to respond, PHMPT filed suit, asking the court to require the FDA to disclose records at a rate of 55,000 pages a month.
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
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-111COMPLAINT against Food and Drug Administration filed by Stephanie de Garay, Patrick de Garay, Public Health and Medical Professionals for Transparency. (Filing fee $402; Receipt number ATXNDC-13217227) 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) PHMPT's FOIA Request for Moderna BLA File, # 2 Exhibit(s) PHMPT Denial Letter for Expedited Processing, # 3 Exhibit(s) PHMPT Expedited Processing Appeal, # 4 Exhibit(s) PHMPT Appeal Acknowledgement, # 5 Exhibit(s) PHMPT's FOIA Request for Pfizer 12-15 BLA File, # 6 Exhibit(s) PHMPT Expedited Processing Denied, # 7 Exhibit(s) de Garay's FOIA Request for Pfizer 12-15 BLA File (Redacted), # 8 Exhibit(s) de Garay's Expedited Processing Denied, # 9 Cover Sheet Civil Cover Sheet, # 10 Declaration(s) Rule 7.1 Declaration) (Moller, Walker) (Entered: 10/11/2022)
2022-10-112Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Aaron Siri (Filing fee $100; Receipt number ATXNDC-13217273) filed by Public Health and Medical Professionals for Transparency, Patrick de Garay, Stephanie de Garay (Moller, Walker) (Entered: 10/11/2022)
2022-10-113Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Elizabeth A. Brehm (Filing fee $100; Receipt number ATXNDC-13217278) filed by Public Health and Medical Professionals for Transparency, Patrick de Garay, Stephanie de Garay (Moller, Walker) (Entered: 10/11/2022)
2022-10-114Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Colin M. Farnsworth (Filing fee $100; Receipt number ATXNDC-13217284) filed by Public Health and Medical Professionals for Transparency, Patrick de Garay, Stephanie de Garay (Moller, Walker) (Entered: 10/11/2022)
2022-10-115New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (fba) (Entered: 10/12/2022)
2022-10-126Summons issued as to Food and Drug Administration, U.S. Attorney, and U.S. Attorney General. (fba) (Entered: 10/12/2022)
2022-10-127CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Public Health and Medical Professionals for Transparency, Patrick de Garay, Stephanie de Garay. (Clerk QC note: No affiliate entered in ECF). (Moller, Walker) (Entered: 10/12/2022)
2022-10-138ELECTRONIC ORDER granting 2 Application for Admission Pro Hac Vice of Aaron Siri. 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 Mark Pittman on 10/13/2022) (chmb)(tjp) (Entered: 10/13/2022)
2022-10-139ELECTRONIC ORDER granting 3 Application for Admission Pro Hac Vice of Elizabeth A. Brehm. 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 Mark Pittman on 10/13/2022) (chmb)(tjp) (Entered: 10/13/2022)
2022-10-1310ELECTRONIC ORDER granting 4 Application for Admission Pro Hac Vice of Colin M. Farnsworth. 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 Mark Pittman on 10/13/2022) (chmb)(tjp) (Entered: 10/13/2022)
2022-10-2111MOTION leave to proceed without local counsel filed by Public Health and Medical Professionals for Transparency, Patrick de Garay, Stephanie de Garay (Attachments: # 1 Proposed Order) (Moller, Walker) (Entered: 10/21/2022)
2022-10-3112ORDER denying 11 Plaintiffs' Motion to Proceed Without Local Counsel. Accordingly, Plaintiffs shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a) on or before November 11, 2022. (Ordered by Judge Mark Pittman on 10/31/2022). (fba) (Entered: 11/01/2022)
2022-11-0913NOTICE of Attorney Appearance by John Clay Sullivan on behalf of Public Health and Medical Professionals for Transparency, Patrick de Garay, Stephanie de Garay. (Filer confirms contact info in ECF is current.) (Sullivan, John) (Entered: 11/09/2022)
2022-11-1014SUMMONS Returned Executed as to Food and Drug Administration ; served on 11/1/2022. (Brehm, Elizabeth) (Entered: 11/10/2022)
2022-11-2215Unopposed Motion for Extension of Time to File Answer filed by Food and Drug Administration with Brief/Memorandum in Support. Attorney Clayton Ray Mahaffey-DOJ added to party Food and Drug Administration(pty:dft) (Mahaffey-DOJ, Clayton) (Entered: 11/22/2022)
2022-11-2316ORDER granting 15 Motion for Extension of Time to File Answer. Food and Drug Administration answer due 1/6/2023. (Ordered by Judge Mark Pittman on 11/23/2022) (tjc) (Entered: 11/23/2022)
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by FOIA Project Staff
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