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Case TitleSANOFI-AVENTIS U.S. LLC v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01603
Date Filed2024-05-31
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffSANOFI-AVENTIS U.S. LLC
Case DescriptionSanofi-Aventis submitted a FOIA request to Health Resources and Services Administration for records concerning whether contract pharmacies act as agents of covered entities. The agency acknowledged receipt of the request. The agency withheld 43 pages under Exemption 4 (commercial and confidential). Sanofi-Aventis filed an administrative appeal. After hearing nothing further from the agency, Sanofi-Aventis filed suit.
Complaint issues: Failure to respond within statutory time limit, Segregability, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION
DefendantELI LILLY AND COMPANY
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

2024-05-311COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION (Filing fee $ 405 receipt number ADCDC-10934642) filed by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Summons (U.S. Department of Health and Human Services), # 6 Summons (Health Resources and Services Administration), # 7 Summons (Merrick Garland, Attorney General of the United States), # 8 Summons (United States Attorney's Office))(Shumate, Brett) Modified on 5/31/2024; per counsel (zdp). (Entered: 05/31/2024)
2024-05-312NOTICE OF RELATED CASE by SANOFI-AVENTIS U.S. LLC. Case related to Case No. 22-2893, 22-3763, 21-1479, 21-1686, 21-2608, 21-2826, and 22-1986. (Attachments: # 1 Supplement (Attachment A))(Shumate, Brett) Modified on 6/4/2024 to add related case (mg). (Entered: 05/31/2024)
2024-05-313LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SANOFI-AVENTIS U.S. LLC (Shumate, Brett) (Entered: 05/31/2024)
2024-05-314MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rajeev Muttreja, Filing fee $ 100, receipt number ADCDC-10934960. Fee Status: Fee Paid. by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Declaration of Rajeev Muttreja, # 2 Certificate of Good Standing (Rajeev Muttreja), # 3 Text of Proposed Order)(Shumate, Brett) (Entered: 05/31/2024)
2024-05-315MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Toni-Ann Citera, Filing fee $ 100, receipt number ADCDC-10934981. Fee Status: Fee Paid. by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Declaration of Toni-Ann Citera, # 2 Certificate of Good Standing (Toni-Ann Citera), # 3 Text of Proposed Order)(Shumate, Brett) (Entered: 05/31/2024)
2024-05-316NOTICE of Appearance by Megan Lacy Owen on behalf of SANOFI-AVENTIS U.S. LLC (Lacy Owen, Megan) (Entered: 05/31/2024)
2024-06-04Case Assigned to Judge Dabney L. Friedrich. (mg) Modified docket text on 6/4/2024 (mg). (Entered: 06/04/2024)
2024-06-047SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 06/04/2024)
2024-06-278Unopposed MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 06/27/2024)
2024-06-27MINUTE ORDER. Upon consideration of the defendants' 8 Unopposed Motion for Extension of Time, the motion is GRANTED. The defendants shall respond to the plaintiff's Complaint on or before August 2, 2024. So Ordered by Judge Dabney L. Friedrich on June 27, 2024. (lcdlf1) (Entered: 06/27/2024)
2024-06-27Set/Reset Deadlines: Answer due by 8/2/2024, (zjch, ) (Entered: 06/28/2024)
2024-06-289STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on June 28, 2024. (lcdlf1) (Entered: 06/28/2024)
2024-06-28ORDER granting counsel's 4 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 28, 2024. (lcdlf1) (Entered: 06/28/2024)
2024-06-28ORDER granting counsel's 5 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 28, 2024. (lcdlf1) (Entered: 06/28/2024)
2024-07-0810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/4/2024. Answer due for ALL FEDERAL DEFENDANTS by 7/4/2024. (Shumate, Brett) (Entered: 07/08/2024)
2024-07-0811RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/10/2024. (Shumate, Brett) (Entered: 07/08/2024)
2024-07-0812RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/10/2024 (Shumate, Brett) (Entered: 07/08/2024)
2024-07-0813RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION served on 6/24/2024 (Shumate, Brett) (Entered: 07/08/2024)
2024-07-3114NOTICE of Appearance by Rajeev Muttreja on behalf of SANOFI-AVENTIS U.S. LLC (Muttreja, Rajeev) (Entered: 07/31/2024)
2024-07-3115NOTICE of Appearance by Toni Citera on behalf of SANOFI-AVENTIS U.S. LLC (Citera, Toni) (Entered: 07/31/2024)
2024-08-0216ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION.(Escher, Sam) (Entered: 08/02/2024)
2024-08-02MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiffs' FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before September 6, 2024. Signed by Judge Dabney L. Friedrich on August 2, 2024. (lcdlf1) (Entered: 08/02/2024)
2024-09-0617Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Escher, Sam) (Entered: 09/06/2024)
2024-09-08MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the following briefing schedule shall govern further proceedings: the plaintiff shall file its motion for summary judgment on or before October 3, 2024; the defendant shall file any response on or before November 14, 2024; and the plaintiff shall file any reply on or before December 6, 2024. The Court will not be inclined to grant future motions for extensions of the briefing schedule absent compelling circumstances. So Ordered by Judge Dabney L. Friedrich on September 8, 2024. (lcdlf1) (Entered: 09/08/2024)
2024-10-0318MOTION for Summary Judgment by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Text of Proposed Order)(Shumate, Brett) (Entered: 10/03/2024)
2024-10-3119MOTION for Leave to File Brief as Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment by ELI LILLY AND COMPANY. (Attachments: # 1 Proposed Amicus Brief, # 2 Declaration of John C. OQuinn, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Text of Proposed Order)(O'Quinn, John) (Entered: 10/31/2024)
2024-11-1420Cross MOTION for Partial Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Declaration from HRSA, # 3 Declaration from Walgreens, # 4 Walgreens Contract, # 5 Pole Mountain State Contract, # 6 Text of Proposed Order)(Escher, Sam) (Entered: 11/14/2024)
2024-11-1421Memorandum in opposition to re 18 Motion for Summary Judgment, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Escher, Sam) (Entered: 11/14/2024)
2024-11-1422Memorandum in opposition to re 19 Motion for Leave to File,, Brief as Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Escher, Sam) (Entered: 11/14/2024)
2024-11-2923REPLY to opposition to motion re 18 Motion for Summary Judgment, filed by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Exhibit B)(Shumate, Brett) (Entered: 11/29/2024)
2024-11-2924Memorandum in opposition to re 20 Motion for Partial Summary Judgment, filed by SANOFI-AVENTIS U.S. LLC. (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Exhibit B)(Shumate, Brett) (Entered: 11/29/2024)
2024-12-0625REPLY to opposition to motion re 20 Motion for Partial Summary Judgment, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION. (Escher, Sam) (Entered: 12/06/2024)
2024-12-1826NOTICE OF WITHDRAWAL OF APPEARANCE as to SANOFI-AVENTIS U.S. LLC. Attorney Megan Lacy Owen terminated. (Lacy Owen, Megan) (Entered: 12/18/2024)
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