Seife v. Food and Drug Administration et al
||Food and Drug Administration and Department Of Health and Human Services
||May 25, 2017
||US District Court for the Southern District of New York
||Foley Square Office
||Jesse M. Furman
|Nature of Suit:
||Freedom of Information Act
|Cause of Action:
||05 U.S.C. § 552 Freedom of Information Act
|Jury Demanded By:
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|March 27, 2019
MEMORANDUM OPINION AND ORDER re: 93 MOTION to Strike Document No. 72 Declaration of Ian Estepan filed by Charles Seife, 69 MOTION for Summary Judgment filed by Sarepta Therapeutics, Inc, 85 CROSS MOTION for Summary Jud gment filed by Charles Seife, 74 MOTION for Summary Judgment filed by Department Of Health and Human Services, Food and Drug Administration.Accordingly, Sarepta is ORDERED to re-review its redactions to the full FOIA produc tion in accordance with this Memorandum Opinion and Order; to unredact any publicly available information; and to provide the revised redactions to the FDA. The FDA, in turn, is ORDERED to review the revised redactions to ensure they comply with this Memorandum Opinion and Order and to then provide the revised documents to Seife. Unless and until the Court orders otherwise, Sarepta and the FDA shall complete those tasks no later than June 26, 2019. Further, the parties shall promptly meet and confer in an effort to agree upon a proposed order establishing protocols (if appropriate) and rolling deadlines for the foregoing review. The parties shall submit any such proposed order (or competing orders) no later than April 3, 2019. Fin ally, within one week of (1) the June 26, 2019 deadline for the production of documents re-reviewed in accordance with this Memorandum Opinion and Order and (2) the Supreme Courts decision in Food Marketing Institute, whichever is later, the partie s shall submit a joint letter addressing whether the Court should (a) require or allow the parties to submit supplemental briefs in connection with the summary judgment motions; (b) deny the current motions without prejudice to filing new motions; or (c) decide the current motions based on the existing submissions. In the meantime, given the wait for the Supreme Court, the current motions will be administratively terminated. The Clerk of Court is directed to terminate Docket Nos. 69, 74, 85, and 93. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/27/2019) (ne)
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