Vanda Pharmaceuticals Inc. et al v. Food and Drug Administration et al
Plaintiff: Vanda Pharmaceuticals Inc., Mary Talley Bowden and Ally Totah
Defendant: Food and Drug Administration, Martin A. Makary, United States Department of Health and Human Services and Robert F Kennedy Jr
Case Number: 4:2025cv01648
Filed: April 9, 2025
Court: U.S. District Court for the Southern District of Texas
Presiding Judge: Andrew S Hanen
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 1, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2025 Filing 26 NOTICE of Dismissal as to Ally Totah, Mary Talley Bowden, Vanda Pharmaceuticals Inc., Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services by Ally Totah, Mary Talley Bowden, Vanda Pharmaceuticals Inc., filed. (Hughes, Paul)
September 23, 2025 Opinion or Order Filing 25 ORDER granting #23 Motion for Connor J. Suozzo to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Andrew S Hanen) Parties notified. (jld4)
September 22, 2025 Filing 24 RESPONSE in Opposition to #20 MOTION to Dismiss (or, in the Alternative, to Transfer), filed by Mary Talley Bowden, Ally Totah, Vanda Pharmaceuticals Inc.. (Attachments: #1 DECLARATION OF MARY TALLEY BOWDEN, M.D., #2 DECLARATION OF MIHAEL H. POLYMEROPOULOS, M.D., #3 Proposed Order) (Hughes, Paul)
September 22, 2025 Filing 23 MOTION to Appear Pro Hac Vice for Connor J. Suozzo (Fee Paid: $100, receipt number ATXSDC-34174589) by Mary Talley Bowden, Ally Totah, Vanda Pharmaceuticals Inc., filed. Motion Docket Date 10/14/2025. (Hughes, Paul)
September 16, 2025 Opinion or Order Filing 22 ORDER granting #21 Motion to Modify.(Signed by Judge Andrew S Hanen) Parties notified. (rsh4)
September 8, 2025 Filing 21 Joint MOTION to Modify Briefing Schedule by Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services, filed. Motion Docket Date 9/29/2025. (Attachments: #1 Proposed Order) (Pezzi, Stephen)
August 22, 2025 Filing 20 MOTION to Dismiss (or, in the Alternative, to Transfer) by Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services, filed. Motion Docket Date 9/12/2025. (Attachments: #1 Ex. 1 - FDA's Complete Response Letter (Aug. 16, 2019), #2 Ex. 2 - FDA Correspondence (Aug. 25, 2022), #3 Ex. 3 - FDA's 2025 Guidance, #4 Proposed Order) (Pezzi, Stephen)
August 15, 2025 Filing 19 MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint (Current Deadline is Today, Aug. 15, 2025) by Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services, filed. Motion Docket Date 9/5/2025. (Attachments: #1 Ex. 1 - Vanda v. FDA (D.C. Cir. Aug. 15, 2025), #2 Proposed Order) (Pezzi, Stephen)
August 13, 2025 Filing 18 REPLY in Support of #13 MOTION to Stay Discovery and Case-Management Deadlines Pending Resolution of Defendants' Motion to Dismiss (or Transfer), filed by Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services. (Pezzi, Stephen)
August 5, 2025 Filing 17 RESPONSE in Opposition to #13 MOTION to Stay Discovery and Case-Management Deadlines Pending Resolution of Defendants' Motion to Dismiss (or Transfer), filed by Mary Talley Bowden, Ally Totah, Vanda Pharmaceuticals Inc.. (Attachments: #1 Proposed Order) (Hughes, Paul)
August 4, 2025 Filing 16 NOTICE Notice of Change of Law Firm Name by Mary Talley Bowden, Ally Totah, Vanda Pharmaceuticals Inc., filed. (Hughes, Paul)
July 22, 2025 Filing 15 NOTICE of Resetting AS TO LOCATION ONLY. Parties notified. Initial Conference set for 10/10/2025 at 09:30 AM by video before Magistrate Judge Yvonne Y Ho, filed. A Zoom link will be emailed to the parties the day before the hearing. (rlw4)
July 22, 2025 Filing 14 NOTICE of Resetting to allow #13 to be fully briefed. Parties notified. Initial Conference set for 10/10/2025 at 09:30 AM in Courtroom 704 before Magistrate Judge Yvonne Y Ho, filed. (rlw4)
July 16, 2025 Filing 13 MOTION to Stay Discovery and Case-Management Deadlines Pending Resolution of Defendants' Motion to Dismiss (or Transfer) by Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services, filed. Motion Docket Date 8/6/2025. (Attachments: #1 Proposed Order) (Pezzi, Stephen)
June 9, 2025 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time Answer due by 8/15/2025.(Signed by Judge Andrew S Hanen) Parties notified. (rsh4)
June 6, 2025 Filing 11 Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services, filed. Motion Docket Date 6/27/2025. (Attachments: #1 Proposed Order) (Pezzi, Stephen)
May 29, 2025 Filing 10 NOTICE of Appearance by Stephen M. Pezzi on behalf of Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services, filed. (Pezzi, Stephen)
April 25, 2025 Filing 9 CERTIFICATE OF INTERESTED PARTIES by Mary Talley Bowden, Ally Totah, Vanda Pharmaceuticals Inc., filed. (Hughes, Paul)
April 17, 2025 Filing 7 CERTIFICATE OF SERVICE of #4 Order for Initial Conference - FORM, #5 MOTION to Appear Pro Hac Vice for Paul. W. Hughes (Fee Paid: $100, receipt number ATXSDC-33239206), #1 Complaint,, #3 Clerks Notice re Consent to Jurisdiction of Magistrate Judge, #6 Summons Issued as to USA by Mary Talley Bowden, Ally Totah, Vanda Pharmaceuticals Inc., filed. (Salgado, Richard)
April 16, 2025 Opinion or Order Filing 8 ORDER granting #5 Motion for Paul W Hughes to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Andrew S Hanen) Parties notified. (jld4)
April 15, 2025 Filing 6 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (rlm4)
April 14, 2025 Filing 5 MOTION to Appear Pro Hac Vice for Paul. W. Hughes (Fee Paid: $100, receipt number ATXSDC-33239206) by Mary Talley Bowden, Ally Totah, Vanda Pharmaceuticals Inc., filed. Motion Docket Date 5/5/2025. (Hughes, Paul)
April 10, 2025 Opinion or Order Filing 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/1/2025 at 09:30 AM by video before Magistrate Judge Yvonne Y Ho. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (bkt4)
April 10, 2025 Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bkt4)
April 10, 2025 Referral Judge Selected: Magistrate Judge Yvonne Y. Ho randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bkt4)
April 9, 2025 Filing 2 Request for Issuance of Summons as to Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services, United States Attorney General, United States Attorney for the Southern District of Texas, filed. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons) (Salgado, Richard)
April 9, 2025 Filing 1 COMPLAINT against Food and Drug Administration, Robert F Kennedy Jr, Martin A. Makary, United States Department of Health and Human Services (Filing fee $ 405 receipt number ATXSDC-33222270) filed by Vanda Pharmaceuticals Inc., Ally Totah, Mary Talley Bowden. (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 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Civil Cover Sheet) (Salgado, Richard)

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Plaintiff: Vanda Pharmaceuticals Inc.
Represented By: Richard David Salgado
Represented By: Paul W Hughes, III
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Plaintiff: Mary Talley Bowden
Represented By: Richard David Salgado
Represented By: Paul W Hughes, III
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Plaintiff: Ally Totah
Represented By: Richard David Salgado
Represented By: Paul W Hughes, III
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Defendant: Food and Drug Administration
Represented By: Stephen Michael Pezzi
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Defendant: Martin A. Makary
Represented By: Stephen Michael Pezzi
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Defendant: United States Department of Health and Human Services
Represented By: Stephen Michael Pezzi
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Defendant: Robert F Kennedy Jr
Represented By: Stephen Michael Pezzi
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