Joint status report — PHMPT v. FDA

Record facts

U.S. District Court for the Northern District of Texas · No. 4:21-cv-01058-P · Doc. 69 · 2023-06-22 · Docket on CourtListener

Summary

A joint status report filed June 22, 2023 as Doc. 69 in Public Health and Medical Professionals for Transparency v. United States Food and Drug Administration, No. 4:21-cv-01058-P, in the U.S. District Court for the Northern District of Texas. The parties submit it under the Court's Order dated January 6, 2022 (Dkt. No. 35). It reports that FDA made an April 3, 2023 production of 5,506 pages, applying 49,494 banked pages, a May 1, 2023 production of 55,097 pages, and a June 1, 2023 production of 55,049 pages. It explains that under the February 2, 2022 Order FDA may bank pages produced above its monthly quota, and states that FDA has 1,131 banked pages remaining. FDA expects to produce at least 55,000 pages on or before July 3, 2023, and the parties will file another report within 90 days.

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Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
 
) 
PUBLIC HEALTH AND MEDICAL 
) 
PROFESSIONALS FOR 
) 
TRANSPARENCY, 
) 
) 
Plaintiff, 
) 
) 
v. 
) 
Civil Action No. 4:21-cv-01058-P 
) 
UNITED STATES FOOD AND DRUG ) 
ADMINISTRATION, 
) 
) 
Defendant. 
) 
  
  ) 
 
 
JOINT STATUS REPORT 
 
Pursuant to the Court’s Order dated January 6, 2022 (Dkt. No. 35), the parties hereby submit 
the instant Joint Status Report (“JSR”). Consistent with this Court’s Order of February 2, 2022 (Dkt. 
No. 56), and in the interim since the parties’ last JSR, filed on March 24, 2022 (Dkt. No. 67), the 
U.S. Food and Drug Administration (“FDA”) has made the following additional productions: 
• An April 3, 2023 production consisting of 5,506 pages of responsive records and 
FDA applied 49,494 of its banked pages to this production;  
• A May 1, 2023 production consisting of 55,097 pages of responsive records; and 
• A June 1, 2023 production consisting of 55,049 pages of responsive records.  
Pursuant to the February 2, 2022 Order, FDA may “bank” any pages produced in excess of 
its monthly quota, and, if FDA is unable to produce the full amount of pages required in a subsequent 
month, it can apply the banked pages toward its quota for that month. To date, FDA has 1,131 banked 
pages remaining. FDA expects to produce a minimum of 55,000 pages (or utilize its remaining 
Case 4:21-cv-01058-P   Document 69   Filed 06/22/23    Page 1 of 3   PageID 2295

 
 
banked pages to account for at least 55,000 pages) on or before July 3, 2023.  
The parties will submit another joint status report within 90 days. 
 
Dated: June 22, 2023  
 
 
Respectfully submitted, 
 
SIRI & GLIMSTAD LLP 
 
/s/ Elizabeth A. Brehm__________ 
Elizabeth A. Brehm, NY Bar No. 4660353 
Aaron Siri, NY Bar No. 4321790  
200 Park Avenue 
    17th Floor 
New York, New York 10166 
Tel: (212) 532-1091 
aaron@sirillp.com  
ebrehm@sirillp.com    
 
Attorneys for Plaintiff 
 
BRIAN M. BOYNTON 
Principal Deputy Assistant 
Attorney General 
Civil Division 
 
ELIZABETH J. SHAPIRO 
   Deputy Director 
   Federal Programs Branch 
 
/s/ Antonia Konkoly 
 
ANTONIA KONKOLY 
   Trial Attorney 
United States Department of Justice 
Civil Division, Federal Programs 
Branch 
1100 L Street NW 
   Washington, D.C. 20005 
   Tel: (202) 514-2395 
   Email: antonia.konkoly@usdoj.gov 
 
Attorneys for Defendant 
 
 
 
Case 4:21-cv-01058-P   Document 69   Filed 06/22/23    Page 2 of 3   PageID 2296

 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on June 22, 2023, I electronically transmitted the foregoing to the 
parties and the clerk of court for the United States District Court for the Northern District of 
Texas using the CM/ECF filing system. 
 
/s/ Antonia Konkoly 
 
ANTONIA KONKOLY 
   Trial Attorney 
United States Department of Justice  
Civil Division, Federal Programs Branch 
1100 L Street NW 
   Washington, D.C. 20005 
   Tel: (202) 514-2395 
   Email: antonia.konkoly@usdoj.gov 
 
 
Case 4:21-cv-01058-P   Document 69   Filed 06/22/23    Page 3 of 3   PageID 2297

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