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Case TitleINFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03675
Date Filed2023-12-10
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the FDA for records concerning the subclinical myocarditis study discussed in a document submitted by Pfizer. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN files suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-101COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10547851) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons to FDA, # 6 Summons to HHS, # 7 Summons to USAG, # 8 Summons to USAO)(Brehm, Elizabeth) (Entered: 12/10/2023)
2023-12-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 12/10/2023)
2023-12-11Case Assigned to Judge Jia M. Cobb. (zrtw) (Entered: 12/11/2023)
2023-12-113SUMMONS (4) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 12/11/2023)
2023-12-164MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10564370. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 12/16/2023)
2023-12-19MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice: Attorney R. Scott Pietrowski is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on December 19, 2023. (lcjmc2) (Entered: 12/19/2023)
2023-12-195NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 12/19/2023)
2023-12-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 12/18/2023 (Brehm, Elizabeth) (Entered: 12/20/2023)
2023-12-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/15/2023 (Brehm, Elizabeth) (Entered: 12/20/2023)
2023-12-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/19/2023. (Brehm, Elizabeth) (Entered: 12/20/2023)
2023-12-209RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/11/2023. Answer due for ALL FEDERAL DEFENDANTS by 1/10/2024. (Brehm, Elizabeth) (Entered: 12/20/2023)
2024-01-0310NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 01/03/2024)
2024-01-0311Consent MOTION for Extension of Time to File Answer re 1 Complaint, by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/03/2024)
2024-01-04MINUTE ORDER granting 11 Motion for Extension: Having considered the motion, and for good cause shown, the Court hereby GRANTS the motion. It is further ORDERED that Defendant shall respond to the complaint in this action by February 9, 2024. Signed by Judge Jia M. Cobb on January 4, 2024. (lcjmc2) (Entered: 01/04/2024)
2024-02-0912ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Curteman, Dedra) (Entered: 02/09/2024)
2024-02-12MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by February 26, 2024. Signed by Judge Jia M. Cobb on February 12, 2024. (lcjmc2) (Entered: 02/12/2024)
2024-02-2013MOTION to Stay by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Curteman, Dedra) (Entered: 02/20/2024)
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