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. 76 · 2024-03-18 · Docket on CourtListener

Summary

A joint status report 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, filed March 18, 2024 as Document 76. The parties submit it under the Court's Order dated January 6, 2022 (Dkt. No. 35). The report states that FDA represented it completed its processing and/or production of approximately 1.2 million pages of records on November 1, 2023. It states that on March 13, 2024 the plaintiff provided FDA with questions about aspects of FDA's search, that FDA is reviewing them, and that the parties will submit another joint status report within 90 days. The three-page filing is signed by counsel for both sides and includes a certificate of service.

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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”).  
As the parties reported in their last JSR, see Dkt. No. 75, the U.S. Food and Drug 
Administration (“FDA”) represented that it completed its processing and/or production (of a total of 
approximately 1.2 million pages of records) on November 1, 2023. In that filing, Plaintiff further 
stated an intent to provide FDA with questions to begin a conferral period by March 13, 2024.  
On March 13, 2024, Plaintiff provided those questions to FDA regarding certain aspects of 
FDA’s search. FDA is presently reviewing Plaintiff’s questions, and the parties will continue to 
confer with the shared goal of narrowing or resolving any issues that may otherwise require judicial 
resolution. The parties anticipate that, in their next JSR, they will provide the Court with a further 
update regarding their conferral process.  
Consistent with the Court’s Order of January 6, 2022, ECF No. 35, the parties will submit 
another joint status report within 90 days. 
Case 4:21-cv-01058-P   Document 76   Filed 03/18/24    Page 1 of 3   PageID 2312

 
 
\ 
 
\ 
Dated: March 18, 2024 
 
Respectfully submitted, 
 
SIRI & GLIMSTAD LLP 
 
/s/ Elizabeth Brehm _______ 
Elizabeth A. Brehm, NY Bar No. 4660353 
200 Park Avenue 
    17th Floor 
New York, New York 10166 
Tel: (212) 532-1091 
ebrehm@sirillp.com    
 
Attorney 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 76   Filed 03/18/24    Page 2 of 3   PageID 2313

 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on March 18, 2024, 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 76   Filed 03/18/24    Page 3 of 3   PageID 2314

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