The Judge Rotenberg Educational Center, Inc. v. U.S. FOOD AND DRUG ADMINISTRATION

Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:17-cv-02092
District Judge Beryl A. Howell, presiding
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District Judge Beryl A. Howell
Last Updated July 28, 2025 at 5:33 PM EDT (5.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [6646B16], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael P. Flammia
Space Edward J. Longosz , II
Space Max D. Stern
No Logo J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael P. Flammia
Space Edward J. Longosz , II
Space Max D. Stern
No Logo JUDGE ROTENBERG EDUCATIONAL CENTER, INC., Plaintiff

Represented by Eckert, Seamans, Cherin & Mellott LLC

Name Phone Fax E-Mail
Space Michael P. Flammia +1 617 342 6854 +1 617 342 6899 mflammia@eckertseamans.com
Space Edward J. Longosz , II elongosz@eckertseamans.com

Represented by Todd & Weld LLP

Name Phone Fax E-Mail
Space Max D. Stern +1 617 720 2626 +1 617 227 5777 mdstern@toddweld.com
No Logo Paul E. Peterson, PH.D., Plaintiff

Represented by Eckert, Seamans, Cherin & Mellott LLC

Name Phone Fax E-Mail
Space Edward John Longosz, II +1 202 659 6619 +1 202 659 6699 elongosz@eckertseamans.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Edward John Longosz, II +1 202 659 6619 +1 202 659 6699 elongosz@eckertseamans.com
No Logo The J.R.C. Parents and Friends Association, Inc., Plaintiff

Represented by Eckert, Seamans, Cherin & Mellott LLC

Name Phone Fax E-Mail
Space Edward John Longosz, II +1 202 659 6619 +1 202 659 6699 elongosz@eckertseamans.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Edward John Longosz, II +1 202 659 6619 +1 202 659 6699 elongosz@eckertseamans.com
No Logo The Judge Rotenberg Educational Center, Inc., Plaintiff

Represented by Eckert, Seamans, Cherin & Mellott LLC

Name Phone Fax E-Mail
Space Edward John Longosz, II +1 202 659 6619 +1 202 659 6699 elongosz@eckertseamans.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Edward John Longosz, II +1 202 659 6619 +1 202 659 6699 elongosz@eckertseamans.com
v.
United States Department of Health and Human Services United States Department of Health and Human Services, Defendant
Officially listed as "U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Aaron Caplen
Space William Mark Nebeker
Space Sean Michael Tepe
United States Food and Drug Administration United States Food and Drug Administration, Defendant
Officially listed as "U.S. FOOD AND DRUG ADMINISTRATION"

Represented by U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA

Name Phone Fax E-Mail
Space William Mark Nebeker mark.nebeker@usdoj.gov

Represented by United States Attorney's Office

Name Phone Fax E-Mail
Space Robert Aaron Caplen robert.caplen@usdoj.gov

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Sean Michael Tepe sean.tepe@usdoj.gov
Attributes
Citation Section 05 U.S.C. § 552
Nature of Suit 895 - Freedom of Information Act
Jurisdiction U.S. Government Defendant
Case Status open
Jury Demand None
Monetary Demand $0
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 82 Filed: 2/26/2025, Entered: None Judgment - Clerk
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Legal Document (Payment Possibly Required) 81 Filed: 2/25/2025, Entered: None Memorandum & Opinion
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Legal Document (Payment Possibly Required) 80 Filed: 2/25/2025, Entered: None Order on Motion for Summary Judgment
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Legal Document (Payment Possibly Required) 78 Filed: 7/12/2023, Entered: None Modify
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Legal Document (Payment Possibly Required) 76 Filed: 6/23/2023, Entered: None Reply to opposition to Motion
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Legal Document (Payment Possibly Required) 75 Filed: 5/11/2023, Entered: None Modify
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Legal Document (Payment Possibly Required) 74 Filed: 4/6/2023, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 73 Filed: 4/4/2023, Entered: None Appear Pro Hac Vice
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Legal Document (Payment Possibly Required) 72 Filed: 3/29/2023, Entered: None Memorandum in Opposition to Motion
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Legal Document (Payment Possibly Required) 71 Filed: 3/29/2023, Entered: None SUMMARY JUDGMENT
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Legal Document (Payment Possibly Required) 70 Filed: 3/29/2023, Entered: None Notice (Other)
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Legal Document (Payment Possibly Required) 69 Filed: 3/7/2023, Entered: None Notice of Substitution of Counsel
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Legal Document (Payment Possibly Required) 68 Filed: 3/7/2023, Entered: None Modify
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Legal Document (Payment Possibly Required) 67 Filed: 2/1/2023, Entered: None Supplemental Memorandum
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Legal Document (Payment Possibly Required) 66 Filed: 12/1/2022, Entered: None Status Report
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Legal Document (Payment Possibly Required) 65 Filed: 10/3/2022, Entered: None Status Report
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Legal Document (Payment Possibly Required) 64 Filed: 9/30/2022, Entered: None Response to Motion
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Legal Document (Payment Possibly Required) 63 Filed: 9/16/2022, Entered: None Memorandum in Opposition to Motion
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Legal Document (Payment Possibly Required) 62 Filed: 8/19/2022, Entered: None Amend/Correct
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Legal Document (Payment Possibly Required) 61 Filed: 7/14/2022, Entered: None Status Report
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Legal Document (Payment Possibly Required) 60 Filed: 6/23/2022, Entered: None Extension of Time to File Document
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Legal Document (Payment Possibly Required) 59 Filed: 5/9/2022, Entered: None Status Report
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Legal Document (Payment Possibly Required) 58 Filed: 3/8/2022, Entered: None Status Report
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Legal Document (Payment Possibly Required) 57 Filed: 12/6/2021, Entered: None Status Report
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Legal Document (Payment Possibly Required) 56 Filed: 9/22/2021, Entered: None Status Report
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Legal Document (Payment Possibly Required) 55 Filed: 8/31/2021, Entered: None Status Report
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Blank  Filed: 7/23/2021, Entered: 7/23/2021
Set/Reset Deadlines: Joint Status Report due by 9/3/2021. (ztg)
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Blank  Filed: 7/23/2021, Entered: 7/23/2021
MINUTE ORDER (paperless) EXTENDING, upon consideration of the parties' 54 Joint Status Report, the stay in this action through September 3, 2021, and DIRECTING the parties to submit, by September 3, 2021, a joint status report advising the Court whether further proceedings are necessary and, if so, proposing a schedule for further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on July 23, 2021. (lcbah1)
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Legal Document (Payment Possibly Required) 54 Filed: 7/20/2021, Entered: 7/20/2021
Joint STATUS REPORT by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16. (Attachments: # 1 Exhibit 1-3)(Longosz, Edward)
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Legal Document (Payment Possibly Required) 53 Filed: 6/28/2021, Entered: 6/28/2021
NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean)
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Blank  Filed: 8/24/2020, Entered: 8/24/2020
MINUTE ORDER (paperless) STAYING, upon consideration of plaintiffs' 52 Consent Motion to Stay the Scheduling Order, proceedings in this matter; and DIRECTING the parties to file a joint status report within 14 days of the D.C. Circuit's decision in case no. 20-1087 advising the Court whether further proceedings are necessary and, if so, proposing a schedule for further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on August 24, 2020. (lcbah1)
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Legal Document (Payment Possibly Required) 52 Filed: 8/21/2020, Entered: 8/21/2020
Consent MOTION to Stay by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (Attachments: # 1 Text of Proposed Order)(Longosz, Edward)
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Blank  Filed: 6/19/2020, Entered: 6/19/2020
Set/Reset Deadlines: Cross-Motion and opposition to motion for summary judgment due by 8/31/2020; opposition to cross-motion and reply to opposition to motion for summary judgment due by 10/14/2020; reply to opposition to cross-motion due by 11/13/2020. (ztg)
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Blank  Filed: 6/19/2020, Entered: 6/19/2020
MINUTE ORDER (paperless) GRANTING the plaintiffs' 51 Unopposed Motion to Modify the Scheduling Order and ISSUING the following SCHEDULING ORDER to control further proceedings: (1) by August 31, 2020, the plaintiffs shall file any dispositive cross-motion and any opposition to the defendants' 50 Motion for Summary Judgment; (2) by October 14, 2020, the defendants shall file any reply in support of their Motion for Summary Judgment and any opposition to the plaintiffs' dispositive cross-motion; (7) by November 13, 2020, the plaintiffs shall file any reply in support of their dispositive cross-motion. Signed by Chief Judge Beryl A. Howell on June 19, 2020. (lcbah1)
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Legal Document (Payment Possibly Required) 51 Filed: 6/19/2020, Entered: 6/19/2020
Unopposed MOTION to Modify Scheduling Order by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (Attachments: # 1 Text of Proposed Order)(Longosz, Edward)
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Legal Document (Payment Possibly Required) 50 Filed: 5/4/2020, Entered: 5/4/2020
MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Non-CDRH Vaughn Index, # 4 Declaration of Candace Boston, # 5 Sample Vaughn Index for CDRH Records (Attach. 1 to Boston Decl.), # 6 Declaration of Sarah Kotler (2d Suppl.), # 7 Declaration of David Mednick (Suppl.), # 8 Declaration of Barbara A. Recupero (2d Suppl.), # 9 Declaration of Melissa Pickworth, # 10 Declaration of Richard Nicholls (2d Suppl.), # 11 Declaration of Michael S. Marquis, # 12 Declaration of Michael S. Marquis (Suppl.), # 13 Declaration of Brandon J. Gaylord, # 14 Declaration of Gorka Garcia-Malene, # 15 Declaration of Nelson D. Hermilla, # 16 Declaration of Kilian Kagle, # 17 Declaration of Eric F. Stein (Suppl.), # 18 Declaration of Gregory Smith, # 19 Text of Proposed Order)(Caplen, Robert)
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Legal Document (Payment Possibly Required) 49 Filed: 4/7/2020, Entered: 4/7/2020
Supplemental STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Caplen, Robert)
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Legal Document (Payment Possibly Required) 48 Filed: 3/25/2020, Entered: 3/25/2020
Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Caplen, Robert)
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Blank  Filed: 3/23/2020, Entered: 3/23/2020
Set/Reset Deadlines: Joint status report due by 3/25/2020. (tg)
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Blank  Filed: 3/20/2020, Entered: 3/20/2020
MINUTE ORDER (paperless) GRANTING the defendants' 47 Unopposed Motion for Enlargement of Time and DIRECTING the parties to file a joint status report by March 25, 2020. Signed by Chief Judge Beryl A. Howell on March 20, 2020. (lcbah1)
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Legal Document (Payment Possibly Required) 47 Filed: 3/19/2020, Entered: 3/19/2020
Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Caplen, Robert)
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Legal Document (Payment Possibly Required) 46 Filed: 3/19/2020, Entered: 3/19/2020
NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION Substituting for attorney W. Mark Nebeker (Caplen, Robert)
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Legal Document (Payment Possibly Required) 45 Filed: 10/31/2019, Entered: 10/31/2019
Joint STATUS REPORT by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16. (Longosz, Edward)
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Blank  Filed: 7/30/2019, Entered: 7/30/2019
Set/Reset Deadlines: Defendants' production of the remaining 63 pages of records which were referred to the State Department due by 8/16/2019; Joint Status Report due by 10/31/2019; Joint Status Report due by 3/20/2020 ; Defendants' Dispositive Motion and other filings pursuant to Minute Order entered on 7/30/2019, due by 5/4/2020; Plaintiffs' Dispositive Motion or Cross-Motion and any Opposition to the Defendants' Dispositive Motion due by 6/30/2020; Defendants' Reply in Support of their Dispositive Motion and any Opposition to the Plaintiff's Dispositive Motion due by 7/30/2020; Plaintiffs' Reply in Support of their Dispositive Motion due by 8/31/2020. (tg)
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Blank  Filed: 7/30/2019, Entered: 7/30/2019
MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 44 Joint Status Report ("JSR"), the following SCHEDULING ORDER to control further proceedings: (1) by August 16, 2019, the defendants shall produce to the plaintiffs the remaining 63 pages of records which were referred to the State Department; (2) by October 31, 2019, the parties shall file a joint status report updating the Court about the status of the case and any progress made toward completion of the Vaughn indices; (3) by March 20, 2020, the parties shall file a joint status report updating the Court about the status of the case and any progress made toward completion of the Vaughn indices; (4) by May 4, 2020, the defendants shall file (i) any dispositive motion, (ii) the revised Supplemental Vaughn Index, in accordance with the Court's 39 Memorandum Opinion and the procedures set out in the parties' JSR, for the production of non-CDRH records; and (iii) the sample Vaughn Index, in accordance with procedures set out in the parties' JSR, for the production of CDRH records; (5) by June 30, 2020, the plaintiff shall file any dispositive motion or cross-motion and any opposition to the defendants' dispositive motion; (6) by July 30, 2020, the defendants shall file any reply in support of their dispositive motion and any opposition to the plaintiffs' dispositive motion; (7) by August 31, 2020, the plaintiffs shall file any reply in support of their dispositive motion. Signed by Chief Judge Beryl A. Howell on July 30, 2019. (lcbah1)
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Legal Document (Payment Possibly Required) 44 Filed: 7/29/2019, Entered: 7/29/2019
Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Nebeker, William)
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Legal Document (Payment Possibly Required) 43 Filed: 6/10/2019, Entered: 6/10/2019 Court Filing
ERRATA as to the 38 Order and 39 Memorandum Opinion. See attachment for further details. Signed by Chief Judge Beryl A. Howell on June 10, 2019. (lcbah1)
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Legal Document (Payment Possibly Required) 42 Filed: 5/30/2019, Entered: 5/30/2019
Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Nebeker, William)
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Blank  Filed: 4/22/2019, Entered: 4/22/2019
Set/Reset Deadlines: Defendants' production of 10,000 pages and Joint Status Report due by 5/30/2019. Defendant's production of 10,000 pages and Joint Status Report due by 7/29/2019. (hmc)
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Blank  Filed: 4/22/2019, Entered: 4/22/2019
MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 41 Joint Status Report, the following SCHEDULING ORDER to control the timing of proceedings in this matter: (1) by May 30, 2019, consistent with the February 21, 2019 minute order, the defendants shall produce no fewer than 10,000 pages of records from CDRH and the parties shall file a joint status report advising the Court on the status of CDRH's production and the parties' negotiations to narrow the issues in dispute; (2) by July 29, 2019, the defendants shall produce no fewer than 10,000 pages of records, unless fewer than 10,000 pages remain to be produced, and the parties shall file a joint status report advising the Court on the status of CDRH's production, updating the Court on the status of the parties' negotiations to narrow the issues in dispute, and proposing a schedule for any dispositive briefing. Signed by Chief Judge Beryl A. Howell on April 22, 2019. (lcbah1)
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Legal Document (Payment Possibly Required) 41 Filed: 4/18/2019, Entered: 4/18/2019
Joint STATUS REPORT by JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16. (Longosz, Edward)
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Legal Document (Payment Possibly Required) 40 Filed: 4/1/2019, Entered: 4/1/2019
Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Nebeker, William)
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Blank  Filed: 3/22/2019, Entered: 3/22/2019
Set/Reset Deadlines: Joint Status Report due by 4/19/2019. (tg)
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Legal Document with OCR 39 Filed: 3/21/2019, Entered: 3/21/2019 Court Filing
MEMORANDUM OPINION regarding the defendants' 25 Motion for Partial Summary Judgment and the plaintiffs' 30 Cross-Motion for Partial Summary Judgment. Signed by Chief Judge Beryl A. Howell on March 21, 2019. (lcbah1) (Main Document 39 replaced on 6/10/2019, pursuant to Errata docketed under ECF 43 .) (tg).
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Legal Document (Payment Possibly Required) 38 Filed: 3/21/2019, Entered: 3/21/2019 Court Filing
ORDER GRANTING in part and DENYING in part the defendants' 25 Motion for Partial Summary Judgment and GRANTING in part and DENYING in part the plaintiffs' 30 Cross-Motion for Partial Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on March 21, 2019. (lcbah1) (Main Document 38 replaced on 6/10/2019, pursuant to Errata docketed under ECF 43 .) (tg).
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Blank  Filed: 2/21/2019, Entered: 2/21/2019
MINUTE ORDER (paperless) GRANTING the 37 Defendants' Consent Motion to Modify the Scheduling Order and ISSUING the following SCHEDULING ORDER: (1) by April 1, 2019, the defendants shall produce no fewer than 10,000 pages of records from the Center for Devices and Radiological Health ("CDRH") and the parties shall file a joint status report advising the Court on the status of CDRH's production, including the number of records produced, in full or in part or withheld, and remaining for processing, and the estimated date for completion of such processing; (2) by May 30, 2019, the defendants shall produce no fewer than 10,000 pages of records from the CDRH and the parties shall file a joint status report advising the Court on the status of CDRH's production, including the number of records produced, in full or in part or withheld, and remaining for processing, and the estimated date for completion of such processing. The Scheduling Order otherwise remains unchanged. Signed by Chief Judge Beryl A. Howell on February 21, 2019. (lcbah1)
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Legal Document (Payment Possibly Required) 37 Filed: 2/19/2019, Entered: 2/19/2019
Consent MOTION to Modify the Scheduling Order with proposed order by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION (Nebeker, William) Modified event title on 3/13/2019 (znmw).
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Legal Document (Payment Possibly Required) 36 Filed: 12/21/2018, Entered: 12/21/2018
Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Nebeker, William)
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Legal Document (Payment Possibly Required) 35 Filed: 12/10/2018, Entered: 12/10/2018
REPLY to opposition to motion re 30 Cross MOTION for Partial Summary Judgment and Memorandum in Support of Plaintiffs' Cross-Motion for Partial Summary Judgment filed by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16. (Attachments: # 1 Exhibit Exhibit a)(Longosz, Edward)
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Legal Document (Payment Possibly Required) 34 Filed: 11/9/2018, Entered: 11/9/2018
REPLY to opposition to motion re 25 MOTION for Partial Summary Judgment and Combined Opposition to Plaintiffs' Cross-Motion for Summary Judgment (attachments filed at ECF No. 33) filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Nebeker, William)
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Legal Document (Payment Possibly Required) 33 Filed: 11/9/2018, Entered: 11/9/2018
Memorandum in opposition to re 30 Cross MOTION for Partial Summary Judgment and Memorandum in Support and Combined Reply in Support of Defendants' Summary Judgment Motion filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Statement of Facts Response, # 2 Supplemental Vaughn Index, # 3 Declaration (supplemental) of R. Nicholls, # 4 Declaration (supplemental) of B. Recupero (with Attachment A thereto), # 5 Declaration (supplemental) of M. Marquis, # 6 Declaration (supplemental) of S. Kotler)(Nebeker, William)
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Legal Document (Payment Possibly Required) 32 Filed: 10/29/2018, Entered: 10/29/2018
Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Nebeker, William)
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Blank  Filed: 10/9/2018, Entered: 10/9/2018
Set/Reset Deadlines: Defendants' replies in support of their dispositive motions and/or oppositions to the plaintiffs' dispositive motions due by 11/9/2018; plaintiffs' replies in support of their dispositive motions due by 12/10/2018. (tg)
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Blank  Filed: 10/9/2018, Entered: 10/9/2018
MINUTE ORDER (paperless) GRANTING the 31 Defendants' Consent Motion to Modify the Scheduling Order and ISSUING the following scheduling order: (1) by November 9, 2018, the defendants shall file any replies in support of their dispositive motions and/or oppositions to the plaintiffs' dispositive motions; (2) by December 10, 2018, the plaintiffs shall file any replies in support of their dispositive motions. All other deadlines shall remain the same. Signed by Chief Judge Beryl A. Howell on October 9, 2018. (lcbah1)
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Legal Document (Payment Possibly Required) 31 Filed: 10/5/2018, Entered: 10/5/2018
Consent MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William)
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Legal Document (Payment Possibly Required) 30 Filed: 9/7/2018, Entered: 9/7/2018
Cross MOTION for Partial Summary Judgment and Memorandum in Support by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (Attachments: # 1 Text of Proposed Order)(Longosz, Edward)
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Legal Document (Payment Possibly Required) 29 Filed: 9/7/2018, Entered: 9/7/2018
Memorandum in opposition to re 25 MOTION for Partial Summary Judgment filed by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16. (Attachments: # 1 Text of Proposed Order)(Longosz, Edward)
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Legal Document (Payment Possibly Required) 28 Filed: 9/7/2018, Entered: 9/7/2018
NOTICE of Filing by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (Attachments: # 1 Declaration of Glenda P. Crookes, # 2 Declaration of Matthew D. Rodgers (Part 1), # 3 Declaration of Matthew D. Rodgers (Part 2))(Longosz, Edward)
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Legal Document (Payment Possibly Required) 27 Filed: 9/5/2018, Entered: 9/5/2018
Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Nebeker, William)
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Blank  Filed: 7/24/2018, Entered: 7/24/2018
Set/Reset Deadlines: Plaintiffs' dispositive motion or cross-motion and/or any opposition to motion for summary judgment due by 9/7/2018; defendants' opposition to dispositive motion and reply to opposition to motion for summary judgment due by 10/19/2018; plaintiffs' reply to opposition to dispositive motion due by 11/2/2018. (tg)
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Blank  Filed: 7/24/2018, Entered: 7/24/2018
MINUTE ORDER (paperless) MODIFYING, upon consideration of the plaintiff's 26 Consent Motion to Modify the Scheduling Order, as follows: (1) by September 7, 2018, the plaintiffs shall file any dispositive motion or cross-motion and/or any opposition to the defendants' 25 Motion for Partial Summary Judgment; (2) by October 19, 2018, the defendants shall file any reply in support of their dispositive motion and/or any opposition to the plaintiffs' dispositive motion; (3) by November 2, 2018, the plaintiffs shall file any reply in support of their dispositive motion. The Scheduling Order otherwise remains unchanged. Signed by Chief Judge Beryl A. Howell on July 24, 2018. (lcbah1)
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Legal Document (Payment Possibly Required) 26 Filed: 7/17/2018, Entered: 7/17/2018
Consent MOTION to Modify the Scheduling Order by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (Attachments: # 1 Proposed Amended Scheduling Order)(Longosz, Edward)
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Legal Document (Payment Possibly Required) 25 Filed: 7/12/2018, Entered: 7/12/2018
MOTION for Partial Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William)
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Legal Document (Payment Possibly Required) 24 Filed: 7/12/2018, Entered: 7/12/2018
NOTICE (Notice of Filing in Support of Defendants' Motion for Partial Summary Judgment) by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Declaration (Declaration of Nelson D. Hermilla), # 2 Declaration (Declaration of Sarah Kotler), # 3 Declaration (Declaration of Michael S. Marquis), # 4 Declaration (Declaration of David Mednick), # 5 Declaration (Declaration of Richard Nicholls), # 6 Declaration (Declaration of Melissa Pickworth), # 7 Declaration (Declaration of Barbara A. Recupero), # 8 Declaration (Declaration of Eric F. Stein), # 9 (Updated Vaughn Index))(Nebeker, William)
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Legal Document (Payment Possibly Required) 23 Filed: 6/15/2018, Entered: 6/15/2018
Joint STATUS REPORT by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16. (Longosz, Edward)
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Blank  Filed: 5/16/2018, Entered: 5/16/2018
Set/Reset Deadlines: Joint Status Report due by 6/15/2018; Dispositive Motions concerning the responses by all FDA components other than CDRH to the plaintiffs' FOIA requests, as well as an updated Vaughn index for all documents produced, in full or in part, or withheld by each FDA component other than CDRH due by 7/12/2018; Dispositive Motions or Cross-Motions and Oppositions to the dispositive motions concerning the responses by all FDA components other than CDRH to the plaintiffs' FOIA requests due by 8/10/2018. Reply in Support of Dispositive Motions or Oppositions to Dispositive Motions due by 9/7/2018; Reply in support of plaintiffs' dispositive Motions due by 9/21/2018. (tg)
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Blank  Filed: 5/15/2018, Entered: 5/15/2018
MINUTE ORDER (paperless) MODIFYING the scheduling order as follows: by (1) June 15, 2018, the parties shall file a Joint Status Report updating the Court on their progress in resolving any areas of disagreement; (2) July 12, 2018, the defendants shall file any dispositive motions concerning the responses by all FDA components other than CDRH to the plaintiffs' FOIA requests, as well as an updated Vaughn index for all documents produced, in full or in part, or withheld by each FDA component other than CDRH; (3) August 10, 2018, the plaintiffs shall file any dispositive motions or cross-motions and/or any oppositions to the defendants' dispositive motions concerning the responses by all FDA components other than CDRH to the plaintiffs' FOIA requests; (4) September 7, 2018, the defendants shall file any replies in support of their dispositive motions and/or any oppositions to the plaintiffs' dispositive motions; (5) September 21, 2018, the plaintiffs shall file any replies in support of their dispositive motions. Signed by Chief Judge Beryl A. Howell on May 15, 2018. (lcbah1)
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Blank 22 Filed: 5/11/2018, Entered: 5/14/2018
MOTION to Extend the Scheduling Order by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (See docket entry 21 to view document)(zrdj)
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Legal Document (Payment Possibly Required) 21 Filed: 5/11/2018, Entered: 5/11/2018
Joint STATUS REPORT and Request to Extend the Scheduling Order by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16. (Longosz, Edward)
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Blank  Filed: 3/30/2018, Entered: 3/30/2018
Set/Reset Deadlines: Joint Status Report due by 5/11/2018; defendants' updated Vaughn Index and any dispositive motions concerning the responses by all FDA components other than CDRH to the plaintiffs' FOIA requests due by 6/8/2018; plaintiffs' Dispositive Motions or Cross-Motions and/or any oppositions to the defendants' dispositive motions concerning the responses by all FDA components other than CDRH to the plaintiffs' FOIA requests due by 7/13/2018; defendants' replies in support of Dispositive Motions and/or oppositions to the plaintiffs' dispositive motions due by 8/17/2018; plaintiffs' replies in support of their dispositive motions due by 8/31/2018.(tg)
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Blank  Filed: 3/29/2018, Entered: 3/29/2018
MINUTE ORDER (paperless) AMENDING, upon consideration of the parties' 20 Joint Motion to Amend/Correct Scheduling Order, the SCHEDULING ORDER as follows: by May 11, 2018, the parties shall file a joint status report updating the Court as to the parties' progress in resolving any areas of disagreement. By June 8, 2018, the defendants shall file (i) an updated Vaughn index for all documents produced, in full or in part, or withheld by each FDA component other than CDRH, as well as (ii) any dispositive motions concerning the responses by all FDA components other than CDRH to the plaintiffs' FOIA requests. By July 13, 2018, the plaintiffs shall file any dispositive motions or cross-motions and/or any oppositions to the defendants' dispositive motions concerning the responses by all FDA components other than CDRH to the plaintiffs' FOIA requests. By August 17, 2018, the defendants shall file any replies in support of their dispositive motions and/or oppositions to the plaintiffs' dispositive motions. By August 31, 2018, the plaintiffs shall file any replies in support of their dispositive motions. Signed by Chief Judge Beryl A. Howell on March 29, 2018. (lcbah1)
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Legal Document (Payment Possibly Required) 20 Filed: 3/27/2018, Entered: 3/27/2018
Joint MOTION to Amend/Correct Scheduling Order by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (Attachments: # 1 Proposed Amended Scheduling Order)(Longosz, Edward)
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Legal Document (Payment Possibly Required) 19 Filed: 3/2/2018, Entered: 3/2/2018
NOTICE Of Filing Vaughn Index by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Exhibit Vaughn Index, # 2 Exhibit Cover Letter)(Nebeker, William)
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Legal Document (Payment Possibly Required) 18 Filed: 2/2/2018, Entered: 2/2/2018
STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Nebeker, William)
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Blank  Filed: 2/2/2018, Entered: 2/2/2018
Set/Reset Deadlines: Rolling production of no fewer than 5,000 pages per month to begin by 3/1/2018; Vaughn Index due by 3/2/2018; Dispositive Motions due by 4/2/2018; Oppositions to Dispositive Motions due by 5/4/2018; Replies due by 5/14/2018; Joint Status Report due by 9/5/2018, and with every production thereafter. (tg)
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Legal Document (Payment Possibly Required) 17 Filed: 2/2/2018, Entered: 2/2/2018
NOTICE To The Court by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (Longosz, Edward)
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Blank  Filed: 2/2/2018, Entered: 2/2/2018
MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Supplemental Joint Meet and Confer Statement and the proceedings held on Friday, February 2, 2018, see Minute Entry, dated Feb. 2, 2018, that, by 5 P.M. today, the plaintiffs shall submit a notice to the Court regarding the precise production to date of records responsive to the plaintiffs' requests under the Freedom of Information Act ("FOIA"); and the defendants shall notify the Court of the same, along with the dates of any referral of the plaintiffs' FOIA requests at issue to components of Health and Human Services ("HHS") other than the FDA; and ISSUING the following SCHEDULING ORDER: (1) by March 2, 2018, the defendants shall file a Vaughn Index for all documents produced, in full or in part, or withheld, by each FDA component other than the Center for Devices and Radiological Health ("CDRH"); (2) by April 2, 2018, the parties shall file any dispositive motions as to issues arising from the responses by each FDA component other than the Center for Devices and Radiological Health ("CDRH"), to the plaintiffs' FOIA requests; (3) by May 4, 2018, the parties shall file any oppositions; (4) by May 14, 2018, the parties shall file any replies; (5) the CDRH and any other HHS component to which a referral has been made shall make a rolling production of no fewer than 5,000 pages per month to the plaintiffs, beginning on March 1, 2018, and continuing every sixty days thereafter until production is complete; and (6) by September 5, 2018, and with every production thereafter, the parties shall file a joint status report advising the Court on the status of the CDRH production, including the number of records produced, in full or in part or withheld, and remaining for processing, and the estimated date for completion of such processing. Signed by Chief Judge Beryl A. Howell on February 2, 2018. (lcbah1)
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Blank  Filed: 2/2/2018, Entered: 2/2/2018
Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Status Conference held on 2/2/2018. (Order forthcoming.) (Court Reporter Elizabeth Saint-Loth.) (tg)
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Blank  Filed: 1/25/2018, Entered: 1/25/2018
NOTICE OF RESCHEDULED HEARING: The parties shall take notice that the Status Hearing originally scheduled to be heard on January 26, 2018, is RESCHEDULED for February 2, 2018, at 9:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg)
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Blank  Filed: 1/19/2018, Entered: 1/19/2018
NOTICE OF HEARING: The parties shall take notice that a Status Hearing is scheduled for 1/26/2018, at 9:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg)
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Legal Document (Payment Possibly Required) 16 Filed: 1/12/2018, Entered: 1/12/2018
MEET AND CONFER STATEMENT. (Longosz, Edward)
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Legal Document (Payment Possibly Required) 15 Filed: 1/9/2018, Entered: 1/9/2018
NOTICE of Appearance by Michael P. Flammia on behalf of JUDGE ROTENBERG EDUCATIONAL CENTER, INC. (Flammia, Michael) (Main Document 15 replaced on 1/10/2018) (znmw).
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Legal Document (Payment Possibly Required) 14 Filed: 1/8/2018, Entered: 1/8/2018
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/6/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/6/2017; U.S. FOOD AND DRUG ADMINISTRATION served on 11/6/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/6/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 12/6/2017.) (Attachments: # 1 Affidavit of Service)(Longosz, Edward)
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Legal Document (Payment Possibly Required) 13 Filed: 1/5/2018, Entered: 1/5/2018
NOTICE of Appearance by Max D. Stern on behalf of J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC. (Stern, Max)
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Blank  Filed: 12/13/2017, Entered: 12/13/2017
MINUTE ORDER (paperless) GRANTING the plaintiffs' 11 and 12 Unopposed Motions for Admission Pro Hac Vice of Max D. Stern and Michael P. Flammia. Messrs. Max D. Stern, Esq. and Michael P. Flammia, Esq. may enter appearances pro hac vice for the purpose of representing the plaintiffs in this action. Signed by Chief Judge Beryl A. Howell on December 13, 2017. (lcbah1)
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Legal Document (Payment Possibly Required) 12 Filed: 12/12/2017, Entered: 12/12/2017
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael P. Flammia, :Firm- Eckert Seamans Cherin & Mellott, LLC, :Address- 2 International Place, 16th Floor, Boston, MA 02110. Phone No. - 617-342-6854. Fax No. - 617-342-6899 Filing fee $ 100, receipt number 0090-5243811. Fee Status: Fee Paid. by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Longosz, Edward)
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Legal Document (Payment Possibly Required) 11 Filed: 12/12/2017, Entered: 12/12/2017
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Max D. Stern, :Firm- Todd & Weld LLP, :Address- 1 Federal Street, Boston, MA 02110. Phone No. - 617-624-4712. Fax No. - 617-227-5777 Filing fee $ 100, receipt number 0090-5243797. Fee Status: Fee Paid. by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Longosz, Edward)
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Blank  Filed: 12/8/2017, Entered: 12/8/2017
Set/Reset Deadlines: Joint Meet & Confer Report due by 1/12/2018. (tg)
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Blank  Filed: 12/7/2017, Entered: 12/7/2017
MINUTE ORDER (paperless) DIRECTING, in consideration of the parties' 10 Joint Meet and Confer Report, the parties to submit, by January 12, 2018, an additional Meet and Confer Report and propose a briefing schedule. Signed by Chief Judge Beryl A. Howell on December 7, 2017. (lcbah1)
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Legal Document (Payment Possibly Required) 10 Filed: 12/6/2017, Entered: 12/6/2017
MEET AND CONFER STATEMENT. (Longosz, Edward)
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Blank  Filed: 12/6/2017, Entered: 12/6/2017
Set/Reset Deadlines: Joint Status Report due by 1/12/2018. (tg)
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Blank  Filed: 12/6/2017, Entered: 12/6/2017
MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Meet and Confer Report, the parties to file, by January 12, 2018, a further Joint Status Report proposing a schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on December 6, 2017. (lcbah4)
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Legal Document (Payment Possibly Required) 9 Filed: 12/4/2017, Entered: 12/4/2017
MEET AND CONFER STATEMENT. (Nebeker, William)
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Legal Document (Payment Possibly Required) 8 Filed: 11/20/2017, Entered: 11/20/2017
ANSWER to 1 Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION.(Nebeker, William) Modified to add link on 11/21/2017 (znmw).
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Legal Document (Payment Possibly Required) 7 Filed: 11/14/2017, Entered: 11/14/2017
NOTICE of Appearance by William Mark Nebeker on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION (Nebeker, William)
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Legal Document (Payment Possibly Required) 6 Filed: 10/16/2017, Entered: 10/16/2017 Court Filing
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on October 16, 2017. (lcbah1)
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Legal Document (Payment Possibly Required) 5 Filed: 10/13/2017, Entered: 10/13/2017
Corporate Disclosure Statement by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC.. (Longosz, Edward)
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Legal Document (Payment Possibly Required) 4 Filed: 10/12/2017, Entered: 10/12/2017
ERRATA by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., JUDGE ROTENBERG EDUCATIONAL CENTER, INC., 6646B16 1 Complaint,,, filed by J.R.C. PARENTS AND FRIENDS ASSOCIATION, INC., 6646B16, JUDGE ROTENBERG EDUCATIONAL CENTER, INC.. (Longosz, Edward)
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Legal Document (Payment Possibly Required) 3 Filed: 10/11/2017, Entered: 10/11/2017
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)(sth)
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Blank  Filed: 10/10/2017, Entered: 10/11/2017
Case Assigned to Chief Judge Beryl A. Howell. (sth)
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Legal Document (Payment Possibly Required) 2 Filed: 10/10/2017, Entered: 10/10/2017 Court Filing
Corporate Disclosure Statement by The Judge Rotenberg Educational Center, Inc.. (Longosz, Edward) (Main Document 2 replaced on 10/11/2017) (zsth).
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Legal Document (Payment Possibly Required) 1 Filed: 10/10/2017, Entered: 10/10/2017 Court Filing
COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5151524) filed by The Judge Rotenberg Educational Center, Inc., 6646B16, PH.D., The J.R.C. Parents and Friends Association, Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit A-6, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Exhibit N, # 20 Exhibit O, # 21 Exhibit P, # 22 Exhibit Q, # 23 Exhibit R, # 24 Civil Cover Sheet, # 25 Summons, # 26 Summons, # 27 Summons, # 28 Summons)(Longosz, Edward)
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