Informed Consent Action Network v. United States Food and Drug Administration

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK BN ae DATE FILED: 10/26/2020 Informed Action Consent Network, Plaintiff, 20-cv-00689 (AJN) —y— ORDER United States Food and Drug Administration, Defendant.

ALISON J. NATHAN, District Judge: On September 24, 2020 Magistrate Judge Aaron issued an order granting Defendant’ motion to quash Plaintiffs unauthorized discovery requests. See Dkt 25. Plaintiff objected, pursuant to the Federal Rules of Civil Procedure Rule 72(a), which allows a party to “file objections to the order within 14 days after being served with a copy,” after which the “district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law.” Fed. R. Civ. P. 72(a). See Dkt. 28. Magistrate Judge Aaron’s order is not clearly erroneous or contrary to law. Judge Aaron correctly interpreted the Court’s June 3, 2020 order as permitting Plaintiffs to seek discovery, not that Plaintiff had a right to any particular form of discovery. Dkt. 13. Moreover, because this case was filed under the FOIA, Plaintiff “cannot serve discovery demands before a holding by the Court that the plaintiff has shown agency bad faith or that the agency has not met its burden under FOIA.” See Grand Cent. P’ship, Inc. v. Cuomo, 166 F.3d 473, 489 (2d Cir. 1999). Judge Aaron did not err in determining that Plaintiff had not made the requisite showing here.

SO ORDERED.

Dated: October 26, 2020 MMi ) Astor New York, New York G ALISON J. NATHAN United States District Judge