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. 74 · 2023-09-20 · Docket on CourtListener

Summary

A Joint Status Report filed September 20, 2023 as Document 74 in Public Health and Medical Professionals for Transparency v. United States Food and Drug Administration, Civil Action No. 4:21-cv-01058-P, in the U.S. District Court for the Northern District of Texas. Submitted under the Court's Order of January 6, 2022 (Dkt. No. 35), it reports FDA productions since the June 22, 2023 report: 55,180 pages on July 3, 2023, 57,311 pages on August 1, 2023, and 48,777 pages plus 16,044 pages withheld in full on September 1, 2023, for a combined total of 64,821 pages. The report states that FDA has 13,443 banked pages remaining and expects to produce a minimum of 55,000 pages on or before October 2, 2023. The parties will file another report within 90 days; it is signed by counsel for both sides.

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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 June 22, 2023 (Dkt. No. 69), the U.S. 
Food and Drug Administration (“FDA”) has made the following additional productions: 
• A July 3, 2023 production consisting of 55,180 pages of responsive records;  
• An August 1, 2023 production consisting of 57,311 pages of responsive records; and 
• A September 1, 2023 production consisting of 48,777 pages of responsive records as 
well as 16,044 pages of responsive records that FDA withheld in full, for a combined 
total of 64,821 pages.  
Pursuant to the February 2, 2022 Order, FDA may “bank” any processed pages in excess of 
its monthly quota, and, if FDA is unable to process 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 13,443 
Case 4:21-cv-01058-P   Document 74   Filed 09/20/23    Page 1 of 3   PageID 2306

 
 
banked pages remaining. FDA expects to process a minimum of 55,000 pages (or utilize its 
remaining banked pages to account for at least 55,000 pages) and make a corresponding production 
to Plaintiff on or before October 2, 2023.  
The parties will submit another joint status report within 90 days. 
 
Dated: September 20, 2023 
 
 
 
Respectfully submitted, 
 
SIRI & GLIMSTAD LLP 
 
/s/ Elizabeth A. Brehm__________ 
Elizabeth A. Brehm, NY Bar No. 4660353 
745 Fifth Avenue 
    Suite 500 
New York, New York 10151 
Tel: (212) 532-1091 
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 74   Filed 09/20/23    Page 2 of 3   PageID 2307

 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on September 20, 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 74   Filed 09/20/23    Page 3 of 3   PageID 2308

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