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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
PUBLIC HEALTH AND MEDICAL
PROFESSIONALS FOR TRANSPARENCY ,
Plaintiff,
v.
No. 4:2 1-cv-1058-P
FOOD AND DRUG ADMINISTRATION ,
Defendant.
ORDER
Before the Court is Defendant Food and Drug Administration ’s
Motion to Partially Modify S cheduling Order ( “Motion ”). ECF No. 36.
Also before the Court is a Joint Status Report that articulates the
Parties ’ agreed production schedule . ECF No. 55. H aving considered the
Joint Status Report, t he Court will adopt the Parties ’ agreed -upon
terms; the Mot ion is theref ore GRANTED in part .
In accordance with the Parties ’ agree d production schedule detailed
in the Joint Status Report, the Court ORDERS that:
1. The Food and Drug Administration’s (“FDA”) rolling productions
will each be due on the first business day of each month, instead
of once every thirty days.
2. The FDA will produce 10,000 pages for the first two productions,
which will be due on or before March 1 and April 1, 2022.
3. The FDA will produce 80,000 pages on or before May 2, June 1,
and July 1, 2022; 70,000 pages on or before August 1, 2022; and
then 55,000 pages on or before the first business day of each
month thereafter.
4. The FDA can “bank” any processed pages in excess of its monthly
quota, such that, for example, if the FDA produce s 90,000 pages
in May 2022 (or 65,000 pages in September 2022) , it would bank
10,000 pages. Then, in a subsequent month, if the FDA is unable
to produce the full amount of pages required , it can apply the
banked pages toward its quota for that month. Case 4:21-cv-01058-P Document 56 Filed 02/02/22 Page 1 of 2 PageID 2149Case 4:21-cv-01058-P Document 56 Filed 02/02/22 Page 1 of 2 PageID 2149
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5. For the SAS files that duplicate the data in CRF files, the FDA
will count every 40 rows as one page instead of every 20 rows as
one page.
SO ORDERED on this 2nd day of February , 2022 .
Mark T. Pittman
UNITED STATES DISTRICT JUDGE
Case 4:21-cv-01058-P Document 56 Filed 02/02/22 Page 2 of 2 PageID 2150Case 4:21-cv-01058-P Document 56 Filed 02/02/22 Page 2 of 2 PageID 2150