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Home Court filings Public Health and Medical Professionals for Transparency v. Food and Drug Administration Joint letter on adequacy-of-search dispute — PHMPT v. FDA

Court filing

Joint letter on adequacy-of-search dispute — PHMPT v. FDA

Filed September 2, 2024 in Public Health and Medical Professionals for Transparency v. Food and Drug Administration; one of 30 filings from this case.

Record facts

CourtU.S. District Court for the Northern District of Texas
Filed2024-09-02

U.S. District Court for the Northern District of Texas · No. 4:21-cv-01058-P · Doc. 83 · 2024-09-02 · Docket on CourtListener

Full text

VIA ECF 
 
 
 
 
 
 
 
 
September 2, 2024 
 
Honorable Mark T. Pittman 
501 West 10th Street, Room 401 
Fort Worth, Texas 76102-3673 
 
 
Re: 
Public Health & Med. Pros. For Transparency v. Food and Drug Administration 
 
 
US District Court for the Northern District of Texas; Case No. 4:21-cv-01058-P 
 
 
Joint letter 
 
Dear Judge Pittman: 
 
 
We write on behalf of the parties in the above-referenced action to jointly update the Court 
following the parties’ recent discussions. The parties agree there is a contested issue concerning 
the adequacy of the search which they have been unable to resolve despite conferring multiple 
times regarding same. Therefore, we agree that briefing this adequacy of search issue now is 
appropriate and propose the briefing schedule below. After the Court has ruled on that issue, and 
processing is completed for any additional records, as applicable, the parties would like to then 
meet and confer about redactions in dispute, if any, and revert only if necessary to the Court.  
 
We therefore propose the following briefing schedule to address the adequacy of the 
agency’s search: 
 
• 
Defendant’s motion for summary judgment due: October 17 
• 
Plaintiff’s cross-motion and response due: November 21 
• 
Defendant’s reply and response due: December 19 
• 
Plaintiff’s reply due: January 16 
 
 
If there are any other issues the Court would like the parties to address prior to the 
scheduled status conference, or if the Court intends to cancel the conference in light of the 
foregoing, the parties welcome addressing those issues and respectfully request advanced notice 
of same. Thank you for your consideration. 
 
Very truly yours, 
 
/s/ Andrew F. Freidah  
 
 
 
/s/Elizabeth A. Brehm 
Andrew F. Freidah  
 
 
 
 
Elizabeth A. Brehm 
Trial Attorney  
 
 
 
 
745 Fifth Avenue, Suite 500 
United States Department of Justice   
 
New York, NY 10151 
Civil Division  
 
 
 
 
(888) 747-4529 
1100 L Street NW  
 
 
 
 
ebrehm@sirillp.com 
Washington, D.C. 20005 
(202) 305-0879 
 
 
 
 
Attorney for Plaintiff 
andrew.f.freidah@usdoj.gov 
 
Attorney for Defendant 
Case 4:21-cv-01058-P   Document 83   Filed 09/02/24    Page 1 of 1   PageID 2327

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