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Case TitleThe New York Times Company et al v. United States Food & Drug Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv10916
Date Filed2022-12-27
Date ClosedOpen
JudgeJudge Lorna G. Schofield
PlaintiffThe New York Times Company
PlaintiffKate Kelly
Case DescriptionNew York Times Reporter Kate Kelly submitted a FOIA request to the FDA for records concerning communications between the FDA staff and drug sponsors seeking to make an RX to OTC switch through the no-prescription drug office for oral contraceptives. The New York Times also requested expedited processing. The agency acknowledged receipt of the request and denied the New York Times' request for expedited processing. The New York Times filed an administrative appeal of the agency's denial of its request for expedited processing. The agency denied the appeal. The New York Times then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Food & Drug Administration
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-12-271COMPLAINT against United States Food & Drug Administration. (Filing Fee $ 402.00, Receipt Number ANYSDC-27136820)Document filed by The New York Times Company, Kate Kelly..(McCraw, David) (Entered: 12/27/2022)
2022-12-272CIVIL COVER SHEET filed..(McCraw, David) (Entered: 12/27/2022)
2022-12-273REQUEST FOR ISSUANCE OF SUMMONS as to United States Food & Drug Administration, re: 1 Complaint. Document filed by Kate Kelly, The New York Times Company..(McCraw, David) (Entered: 12/27/2022)
2022-12-274RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 12/27/2022)
2022-12-28CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at . .(vf) (Entered: 12/28/2022)
2022-12-28Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: . (vf) (Entered: 12/28/2022)
2022-12-28Case Designated ECF. (vf) (Entered: 12/28/2022)
2022-12-285ELECTRONIC SUMMONS ISSUED as to United States Food & Drug Administration. (vf) (Entered: 12/28/2022)
2023-01-046ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. As further set forth by this Order. Initial Conference set for 3/1/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/4/2023) (tg) (Entered: 01/04/2023)
2023-01-097NOTICE OF APPEARANCE by Mollie Melissa Kornreich on behalf of United States Food & Drug Administration..(Kornreich, Mollie) (Entered: 01/09/2023)
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by FOIA Project Staff
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