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Case TitleEXELA PHARMA SCIENCES, LLC v. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01242
Date Filed2023-05-02
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffEXELA PHARMA SCIENCES, LLC
Case DescriptionExcela Pharma Sciences submitted two FOIA requests to the Department Health and Human Services. Its first request asked for records regarding the development and publication of the December 2022 Draft Guidance. Excela also asked for expedited processing. The agency acknowledged receipt of the request. The agency denied Excela's request for expedited processing. Excela's second request asked for records relating to ANDA 213073, ANDA 214082, and ANDA 209994. Excela also asked for expedited processing. The agency acknowledged receipt of the request and denied Excela's request for expedited processing. After hearing nothing further on either request, Excela filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2023-05-021COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-10042864) filed by EXELA PHARMA SCIENCES, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons HHS, # 3 Summons US Attorney General, # 4 Summons US Attorney Office - DC, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30)(Torchinsky, Jason) (Entered: 05/02/2023)
2023-05-022LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by EXELA PHARMA SCIENCES, LLC (Torchinsky, Jason) (Entered: 05/02/2023)
2023-05-03Case Assigned to Judge Amit P. Mehta. (zljn) (Entered: 05/03/2023)
2023-05-033SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 05/03/2023)
2023-05-114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/9/2023 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Torchinsky, Jason) (Entered: 05/11/2023)
2023-05-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/10/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Torchinsky, Jason) (Entered: 05/11/2023)
2023-05-116ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 5/3/2023. Answer due for ALL D.C. DEFENDANTS by 5/24/2023. (Attachments: # 1 Exhibit A)(Torchinsky, Jason) Modified on 5/26/2023 (zjm). (Entered: 05/11/2023)
2023-05-117NOTICE of Appearance by Edward M. Wenger on behalf of EXELA PHARMA SCIENCES, LLC (Wenger, Edward) (Entered: 05/11/2023)
2023-05-26NOTICE OF ERROR regarding 6 Summons Returned Executed as to DC Attorney General,. The following error(s) need correction: Please refile using event: Service of Process - Summons returned Executed in FOIA Case as to U.S. Attorney. Please refile. (zjm) (Entered: 05/26/2023)
2023-05-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/3/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/2/2023. (Attachments: # 1 Exhibit A - Summons (US Atty Stamped))(Torchinsky, Jason) (Entered: 05/26/2023)
2023-06-019NOTICE of Appearance by Marsha Wellknown Yee on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES (Yee, Marsha) (Entered: 06/01/2023)
2023-06-0210ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Yee, Marsha) (Entered: 06/02/2023)
2023-06-0511ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before June 16, 2023. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 6/5/2023. (lcapm2) (Entered: 06/05/2023)
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