Informed Consent Action Network v. Food and Drug Administration

Summary

The court grants in part and denies in part the defendants’ request to extend a stay in this FOIA action concerning FDA records related to pertussis. Finding exceptional circumstances and due diligence under 5 U.S.C. § 552(a)(6)(C)(i), the court stays the case until October 14, 2026, and orders the parties to file a joint status report by that date.

Holdings

1. FOIA's authorization for courts to retain jurisdiction and allow an agency additional time to complete its review includes the authority to stay a FOIA action when exceptional circumstances exist and the agency is exercising due diligence.
2. The defendants demonstrated continuing exceptional circumstances and due diligence sufficient to justify a further stay of the action, although the court granted only a partial extension through October 14, 2026.
3. Even assuming that an agency must demonstrate diligence as to the plaintiff's specific request rather than only its general workload, the defendants satisfied that requirement by triaging requests and assigning additional contractors to the complex track containing ICAN's request.

Questions Presented

1. Whether 5 U.S.C. § 552(a)(6)(C)(i) authorizes a federal court to stay a FOIA action when exceptional circumstances exist and the agency is exercising due diligence.
2. Whether the FDA demonstrated exceptional circumstances and due diligence sufficient to justify extending the stay of ICAN's FOIA action.
3. Whether the agency was required to demonstrate diligence specifically as to ICAN's request rather than merely showing diligence in addressing its general workload.

Disposition

other