| Date Filed | Doc # | Docket Text |
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| 2024-01-09 | 1 | COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 405 receipt number ADCDC-10606907) filed by THE JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(Longosz, Edward) (Entered: 01/09/2024) |
| 2024-01-09 | 2 | NOTICE OF RELATED CASE by THE JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. Case related to Case No. 17-cv-2092; 22-cv-3583. (Longosz, Edward) (Entered: 01/09/2024) |
| 2024-01-09 | 3 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Longosz, Edward) (Entered: 01/09/2024) |
| 2024-01-09 | 4 | REQUEST FOR SUMMONS TO ISSUE filed by THE JUDGE ROTENBERG EDUCATIONAL CENTER, INC..(Longosz, Edward) (Entered: 01/09/2024) |
| 2024-01-10 | | Case Assigned to Judge Beryl A. Howell. (zcb) (Entered: 01/10/2024) |
| 2024-01-10 | 5 | SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 01/10/2024) |
| 2024-01-10 | 6 | STANDING ORDER. Signed by Judge Beryl A. Howell on January 10, 2024. (lcbah1) (Entered: 01/10/2024) |
| 2024-02-12 | 7 | ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION.(Bardo, John) (Entered: 02/12/2024) |
| 2024-02-12 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FOOD AND DRUG ADMINISTRATION served on 1/12/2024 (Attachments: # 1 Exhibit 1)(Longosz, Edward) (Entered: 02/12/2024) |
| 2024-02-12 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 1/22/2024 (Attachments: # 1 Exhibit 1)(Longosz, Edward) (Entered: 02/12/2024) |
| 2024-02-12 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/12/2024. Answer due for ALL FEDERAL DEFENDANTS by 2/11/2024. (Attachments: # 1 Exhibit 1)(Longosz, Edward) (Entered: 02/12/2024) |
| 2024-02-12 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/22/2024. (Attachments: # 1 Exhibit 1)(Longosz, Edward) (Entered: 02/12/2024) |
| 2024-02-22 | 12 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael P. Flammia, Filing fee $ 100, receipt number ADCDC-10707195. Fee Status: Fee Paid. by JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Longosz, Edward) (Entered: 02/22/2024) |
| 2024-02-22 | 13 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew D. Rodgers, Filing fee $ 100, receipt number ADCDC-10707219. Fee Status: Fee Paid. by JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Longosz, Edward) (Entered: 02/22/2024) |
| 2024-02-23 | | MINUTE ORDER (paperless) GRANTING plaintiff's 12 Motion for Leave to Appear Pro Hac Vice. Michael P. Flammia may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. 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 Beryl A. Howell on February 23, 2024. (lcbah1) (Entered: 02/23/2024) |
| 2024-02-23 | | MINUTE ORDER (paperless) GRANTING plaintiff's 13 Motion for Leave to Appear Pro Hac Vice. Matthew D. Rodgers may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. 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 Beryl A. Howell on February 23, 2024. (lcbah1) (Entered: 02/23/2024) |
| 2024-02-26 | 14 | NOTICE of Appearance by Michael P. Flammia on behalf of JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Flammia, Michael) (Entered: 02/26/2024) |
| 2024-02-26 | 15 | NOTICE of Appearance by Matthew D. Rodgers on behalf of JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Rodgers, Matthew) (Entered: 02/26/2024) |
| 2024-02-26 | 16 | Joint STATUS REPORT by JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Longosz, Edward) (Entered: 02/26/2024) |
| 2024-03-04 | | MINUTE ORDER (paperless), upon consideration of the parties' 16 Joint Status Report, DIRECTING defendants, by March 15, 2024, to clarify (1) their intent not to process and produce records in response to the two FOIA requests to HHS and FDA at issue in this matter until 2028, after FDA "has completed review and production" of records responsive to plaintiff's previous FOIA request to FDA that is the subject of litigation in Civil Case No. 22-3583 ("Previous FDA Request"), see JSR ¶ 13; Joint Status Rep. at 4, Judge Rotenberg Educ. Ctr., Inc. v. FDA , No. 22-cv-3583, ECF No. 23 (D.D.C. Jan. 18, 2024), even though defendants concede that "communication between the Massachusetts Attorney General's Office and the Massachusetts Department of Developmental Services," JSR ¶ 12, while at issue in this litigation, is not covered by the Previous FDA Request; and (2) defendants' proposed schedule for processing and producing records responsive to plaintiff's FOIA request to HHS at issue in this litigation, see JSR ¶¶ 12-13 (referencing defendants' position only on the processing schedule for plaintiff's FOIA Request to FDA); and DIRECTING plaintiff, by March 15, 2024, to summarize its efforts, if any, to confer with HHS and FDA to refine the FOIA requests at issue in this litigation to avoid duplication with the Previous FDA Request and otherwise reduce the burden on the FDA and HHS so that responsive records may be processed and even produced prior to 2028. Signed by Judge Beryl A. Howell on March 4, 2024. (lcbah4) (Entered: 03/04/2024) |
| 2024-03-05 | | Set/Reset Deadlines: Defendants To Clarify Intent Not To Process And Produce Records In Response To The Two FOIA Requests To HHS And FDA At Issue In This Matter Until 2028 And Plaintiff To Summarize Its Efforts due by 3/15/2024. (mac) (Entered: 03/05/2024) |
| 2024-03-15 | 17 | Supplemental STATUS REPORT by JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Longosz, Edward) (Entered: 03/15/2024) |
| 2024-03-15 | 18 | RESPONSE TO ORDER OF THE COURT re MINUTE Order ON 3/4/2024 filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (mg) (Entered: 03/18/2024) |
| 2024-04-04 | | MINUTE ORDER (paperless), upon consideration of the parties' 16 Joint Status Report ("JSR"), as supplemented by the parties' responses to this Court's March 4, 2024, Minute Order, see Pl.'s 17 Suppl. Status Rep.; Defs.' 18 Resp. To Order of the Court ("Defs.' Resp."), and in light of no further narrowing of the FOIA requests at issue in this litigation, DIRECTING defendant FDA, by February 2025, to begin processing the two categories of records potentially responsive to the parts of plaintiff's FOIA request to FDA ("FDA FOIA Request") that are not covered by plaintiff's previous FDA FOIA request at issue in Civil Case No. 22-3583 ("Previous FDA Request"); DIRECTING defendant HHS, by May 1, 2024, to begin processing records potentially responsive to plaintiff's request to HHS ("HHS FOIA Request") at a rate of 500 pages per month, and to begin producing records to plaintiff each month thereafter on a rolling basis; and FURTHER DIRECTING the parties to submit, by June 14, 2024, a joint status report regarding the processing of records potentially responsive to plaintiff's HHS FOIA Request. This resolution of the parties' competing proposed schedules for processing responsive records to plaintiff's FDA and HHS FOIA Requests is predicated on the following salient facts: (1) three of five categories of records requested in plaintiff's FDA FOIA Request are covered by the Previous FDA Request, for which the FDA already "is in the process of reviewing and producing records," JSR ¶¶ 5-7; see also Pl.'s Suppl. Rep. at 3, with an anticipated completion date of January 2026, see Defs.' Resp. at 2; (2) plaintiff's proposed timing for the processing of the two new, or non-overlapping, categories of responsive records to begin by April 1, 2024, see JSR ¶¶ 8, 10, would "skip" the two new categories of records requested in the FDA FOIA Request over other FOIA requests since, "[b]ased upon the current queue for review and processing of FOIA requests," plaintiff's request would not "reach the front of the queue [until] approximately January 2025," Defs.' Resp. at 3, a date that is one year earlier than the January 2026 anticipated completion date for the Previous FDA Request and when the FDA proposed to begin the processing, with the result that plaintiff's proposed schedule would jump the two new categories in the FDA FOIA Request to the front of the queue, while the FDA's proposed schedule would push them further back in the queue; and (3) plaintiff's proposed processing rate of 1,000 pages per month for the HHS FOIA Request may be "consistent with the processing schedule" for the Previous FDA Request in the Civil Case No. 22-3583, see JSR ¶ 10, but that rate was ordered based upon the parties' agreement, see Jt. Status Rep. ¶ 2, Judge Rotenberg Educ. Ctr., Inc. v. FDA , No. 22-cv-3583, ECF No. 23 (D.D.C. filed Jan. 18, 2024), and HHS's proposed processing rate of 500 pages per month is consistent with the "typical processing schedule for FOIA matters in litigation in this jurisdiction," id. ¶ 7 (collecting cases). Signed by Judge Beryl A. Howell on April 4, 2024. (lcbah4) (Entered: 04/04/2024) |
| 2024-04-04 | | Set/Reset Deadlines: Parties Joint Status Report due by 6/14/2024 (mac) (Entered: 04/04/2024) |
| 2024-06-14 | 19 | Joint STATUS REPORT by JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Longosz, Edward) (Entered: 06/14/2024) |
| 2024-06-18 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, the parties to submit, by September 16, 2024, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on June 18, 2024. (lcbah4) (Entered: 06/18/2024) |
| 2024-06-20 | | Set/Reset Deadlines: Parties Joint Status Report due by 9/16/2024 (mac) (Entered: 06/20/2024) |
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