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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 Closed2023-07-14
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
Documents
Docket
Complaint
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 https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (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)
2023-02-068ANSWER to 1 Complaint. Document filed by United States Food & Drug Administration..(Kornreich, Mollie) (Entered: 02/06/2023)
2023-02-219JOINT LETTER addressed to Judge Lorna G. Schofield from Mollie Kornreich dated February 21, 2023 re: Information in advance of initial conference. Document filed by United States Food & Drug Administration..(Kornreich, Mollie) (Entered: 02/21/2023)
2023-02-2210MEMO ENDORSEMENT on re: 9 Letter filed by United States Food & Drug Administration. ENDORSEMENT: Application GRANTED. The conference scheduled for March 1, 2023, is CANCELLED. By March 24, 2023, the parties shall file a joint status letter. Such a letter shall contain information regarding the search terms used to identify responsive records, the anticipated number of responsive records, the rate at which the FDA will process responsive records and any other pertinent information. So Ordered. (Signed by Judge Lorna G. Schofield on 2/22/2023) (ate) (Entered: 02/22/2023)
2023-03-2411JOINT LETTER addressed to Judge Lorna G. Schofield from Mollie Kornreich dated March 24, 2023 re: case status. Document filed by United States Food & Drug Administration..(Kornreich, Mollie) (Entered: 03/24/2023)
2023-03-2712MEMO ENDORSEMENT: on re: 11 Letter filed by United States Food & Drug Administration. ENDORSEMENT: Application GRANTED. The parties shall file a further status letter by May 5, 2023. So Ordered. (Signed by Judge Lorna G. Schofield on 3/27/2023) (ama) (Entered: 03/27/2023)
2023-05-0513JOINT LETTER addressed to Judge Lorna G. Schofield from Mollie Kornreich dated May 5, 2023 re: Case status. Document filed by United States Food & Drug Administration..(Kornreich, Mollie) (Entered: 05/05/2023)
2023-05-0814MEMO ENDORSEMENT on re: 13 Letter filed by United States Food & Drug Administration ENDORSEMENT Application GRANTED. The parties shall file a further status letter by June 5, 2023. So Ordered. (Signed by Judge Lorna G. Schofield on 5/8/2023) (jca) (Entered: 05/08/2023)
2023-06-0515JOINT LETTER addressed to Judge Lorna G. Schofield from Mollie Kornreich dated June 5, 2023 re: Case status. Document filed by United States Food & Drug Administration..(Kornreich, Mollie) (Entered: 06/05/2023)
2023-06-0616MEMO ENDORSEMENT on re: 15 Letter filed by United States Food & Drug Administration. ENDORSEMENT: Application GRANTED. The parties shall file a further status letter by July 28, 2023. So Ordered. (Signed by Judge Lorna G. Schofield on 6/6/2023) (tg) (Entered: 06/06/2023)
2023-07-1317FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Food & Drug Administration and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New York Times Company, Kate Kelly. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(McCraw, David) Modified on 7/14/2023 (km). (Entered: 07/13/2023)
2023-07-14***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney David McCraw. RE-FILE Document No. 17 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) (Entered: 07/14/2023)
2023-07-1418STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii): IT IS NOW HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. The Complaint shall be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) without costs and without attorneys fees or conferral of prevailing party status pursuant to FOIA or any other federal statute; 2. The Plaintiffs agree to withdraw the Original Request from further processing by the FDA, and to dismiss with prejudice any and all claims that Plaintiffs now have or may hereafter acquire against the FDA or the United States of America ("United States"), or any department, agency, officer, or employee of the FDA and/or the United States related to or arising out of the Original Request; 3. The FDA agrees and acknowledges that Plaintiffs retain the right to request documents sought by the Original Request in a new FOIA request except as to those documents specifically identified in the Complaint in Paragraph 13: "communications between FDA staff and drug sponsors seeking to make an Rx to OTC switch through the nonprescription drug office for oral contraceptives" existing as of the date of the Original Request (the "Precluded Documents"); 4. As to the Precluded Documents, the Plaintiffs shall have no right to seek them pursuant to FOIA in a new request; 5. The FDA agrees that it will not deny a new request pursuant to FOIA, in whole or in part, on the basis of preclusion arising from the processing of and litigation over the Original Request, except as to the Precluded Documents; 6. The parties understand and agree that this Stipulation contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. So Ordered. (Signed by Judge Lorna G. Schofield on 7/14/2023) (mml) (Entered: 07/14/2023)
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