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Case TitleCHILDREN'S HEALTH DEFENSE v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02316
Date Filed2023-08-10
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffCHILDREN'S HEALTH DEFENSE
Case DescriptionChildren's Health Defense submitted a FOIA request to the FDA for records concerning safety monitoring conducted by the FDA under the BEST Protocol. CHD also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request for expedited processing. After hearing nothing further from the agency, CHD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-101COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number BDCDC-10266256) filed by CHILDREN'S HEALTH DEFENSE. (Attachments: # 1 Exhibit, # 2 Summons Request for Summons to Issue, # 3 Summons Request for Summons to Issue as to US Attorney's Office, # 4 Summons Request for Summons to Issue, # 5 Civil Cover Sheet)(Flores, Ray) (Entered: 08/10/2023)
2023-08-102ENTERED IN ERROR.....LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CHILDREN'S HEALTH DEFENSE (Flores, Ray) Modified on 8/16/2023 (zljn). (Entered: 08/10/2023)
2023-08-10NOTICE OF ERROR re 1 Complaint; emailed to raylflores2@msn.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Missing 26.1 Disclosure(s). Please submit using the event LCvR 26.1 Certificate of Disclosure-Corporate Affiliations/Financial Interests., 3. You submitted a Certificate of disclosure of corporate affiliations and financial interests, but the document attached to the entry is a Civil Cover Sheet., 4. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zljn, ) (Entered: 08/10/2023)
2023-08-103LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CHILDREN'S HEALTH DEFENSE (Flores, Ray) (Entered: 08/10/2023)
2023-08-104ERRATA Complaint by CHILDREN'S HEALTH DEFENSE. (Flores, Ray) (Entered: 08/10/2023)
2023-08-10Case Assigned to Judge Timothy J. Kelly. (zljn) (Entered: 08/10/2023)
2023-08-105SUMMONS (3) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 08/10/2023)
2023-08-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8.17.2023. (Flores, Ray) (Entered: 08/17/2023)
2023-08-177RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/17/2023. Answer due for ALL FEDERAL DEFENDANTS by 9/16/2023. (Flores, Ray) (Entered: 08/17/2023)
2023-08-178RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 8/17/2023 (Flores, Ray) (Entered: 08/17/2023)
2023-09-189NOTICE of Appearance by Brian J. Levy on behalf of FOOD AND DRUG ADMINISTRATION (Levy, Brian) (Entered: 09/18/2023)
2023-09-1810ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Levy, Brian) (Entered: 09/18/2023)
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by FOIA Project Staff
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