Joint Status Report (August 2024) — Phmpt v. FDA (N.D. Tex.)

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, Document 80, dated August 16, 2024. It states that the FDA represented it completed processing and production of approximately 1.2 million pages of records on November 1, 2023, that the plaintiff sent questions about the FDA's search on March 13, 2024, and that the FDA responded on July 17, 2024. The parties say they are continuing to confer and intend to file another joint status report within 60 days. It is signed by counsel from Siri & Glimstad LLP and a Department of Justice trial attorney.

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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) and the parties’ Joint 
Status Report (“JSR”) dated June 17, 2024 (Dkt. No. 79), the parties hereby submit the instant JSR.  
As the parties reported in their last JSR, see Dkt. No. 79, 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, and Plaintiff provided questions 
to FDA on March 13, 2024 regarding certain aspects of FDA’s search.  FDA responded to Plaintiff’s 
questions on July 17, 2024. The parties are continuing 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. 
Recognizing the Court’s Order of January 6, 2022, ECF No. 35, and consistent with the 
parties’ June 17, 2024 JSR, ECF No. 79, the parties intend to submit another joint status report within 
60 days and do so at that frequency thereafter. The parties agree that this will help expedite resolution 
of any outstanding issues. 
Case 4:21-cv-01058-P   Document 80   Filed 08/16/24    Page 1 of 3   PageID 2322

 
 
 
 
Dated: August 16, 2024 
 
 
 
Respectfully submitted, 
 
SIRI & GLIMSTAD LLP 
 
/s/ Elizabeth A. 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/ Andrew F. Freidah 
 
ANDREW F. FREIDAH 
   Trial Attorney 
United States Department of Justice 
Civil Division, Federal Programs 
Branch 
1100 L Street NW 
   Washington, D.C. 20005 
   Tel: (202) 305-0879 
   Email: andrew.f.freidah@usdoj.gov 
 
Attorneys for Defendant 
 
 
 
 
Case 4:21-cv-01058-P   Document 80   Filed 08/16/24    Page 2 of 3   PageID 2323

 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on August 16, 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/ Andrew F. Freidah  
ANDREW F. FREIDAH 
   Trial Attorney 
United States Department of Justice  
Civil Division, Federal Programs Branch 
1100 L Street NW 
   Washington, D.C. 20005 
   Tel: (202) 305-0879 
   Email: andrew.f.freidah@usdoj.gov 
 
 
Case 4:21-cv-01058-P   Document 80   Filed 08/16/24    Page 3 of 3   PageID 2324

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