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Case Detail

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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03750
Date Filed2023-12-18
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
Case DescriptionProtect the Public's Trust submitted a FOIA request to the FDA for records concerning communications related to the Reagan-Udall Foundation Report evaluating the FDA's tobacco program and containing a list of keywords. The agency acknowledged receipt of the request. The agency told PPT that the request was too broad to allow a search. PPT clarified the request. The FDA told PPT that its search requests would incur fees. The FDA then provided a list of potential fees. After hearing nothing further from the agency, PPT filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

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

2023-12-181COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 405 receipt number ADCDC-10565676) filed by PROTECT THE PUBLIC'S TRUST. (Attachments: # 1 Exhibit Exhibit A - FOIA Request, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Summons Summons -- U.S. Attorney's Office, # 4 Summons Summons -- U.S. Attorney General, # 5 Summons Summons - FDA Chief Counsel)(Lawkowski, Gary) (Entered: 12/18/2023)
2023-12-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT THE PUBLIC'S TRUST (Lawkowski, Gary) (Entered: 12/18/2023)
2023-12-18Case Assigned to Judge Tanya S. Chutkan. (zsl) (Entered: 12/18/2023)
2023-12-193SUMMONS (3) Issued Electronically as to U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 12/19/2023)
2024-01-034NOTICE of Appearance by Bradley Silverman on behalf of U.S. FOOD AND DRUG ADMINISTRATION (Silverman, Bradley) (Entered: 01/03/2024)
2024-01-185ANSWER to Complaint by U.S. FOOD AND DRUG ADMINISTRATION.(Silverman, Bradley) (Entered: 01/18/2024)
2024-01-19MINUTE ORDER: Before the Court in this FOIA case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Accordingly, it is hereby ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues on or before February 23, 2024. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/19/24. (lce) (Entered: 01/19/2024)
2024-01-19Set/Reset Deadlines: Joint Status Report due by 2/23/2024. (zcll) (Entered: 01/19/2024)
2024-02-236Joint STATUS REPORT by U.S. FOOD AND DRUG ADMINISTRATION. (Silverman, Bradley) (Entered: 02/23/2024)
2024-02-23MINUTE ORDER: Upon consideration of 6 Joint Status Report, the parties shall confer and file a joint status report on or before April 23, 2024, and every 60 days thereafter, updating the court as to the status of the matter. To the extent the parties seek a change in the status quo, the status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/23/24. (lce) (Entered: 02/23/2024)
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by FOIA Project Staff
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