Buc v. Food & Drug Administration
762 F. Supp. 2d 62
| D.D.C. | 2011Background
- This FOIA action challenges the FDA's handling of five outstanding FOIA requests for Zicam-related documents.
- Plaintiffs Buc and Dissanayake, attorneys at Buc & Beardsley, submitted requests on Matrixx's behalf; the FDA failed to respond within statutory timeframes.
- The FDA moved for an Open America stay seeking up to September 2011234; the court denied the stay.
- DIDP uses a Simple vs Complex Track system; all pending searches here are on the Complex Track.
- Two overlapping requests share substantial overlap with a prior third‑party request, affecting processing order.
- The court notes the backlog has declined since 2003, but argues the decrease does not prove the backlog is unmanageable or that extraordinary measures are warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FDA established exceptional circumstances for an Open America stay | Buc argued backlog is unmanageable and extraordinary. | FDA contends deluge and workload qualify as exceptional. | No, the FDA failed to show exceptional circumstances. |
| Whether the FDA demonstrated reasonable progress in reducing the backlog | Buc contends no proven progress beyond general claims. | FDA asserts proactive measures reduced backlog. | No, progress shown was not reasonably demonstrated. |
| Whether the FDA's resources are inadequate to address the workload | Buc asserts persistent resource constraints. | FDA notes staffing increases and ongoing obligations. | No, resources were not shown to be inadequate. |
Key Cases Cited
- Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976) (safety valve for FOIA extensions; requires exceptional circumstances and due diligence)
- Gov't Accountability Project v. U.S. Dep't of Health & Human Servs., 568 F. Supp. 2d 55 (D.D.C. 2008) (requires reasonable progress to justify a stay where workload is predictable)
- Bloomberg L.P. v. U.S. Food & Drug Admin., 500 F. Supp. 2d 371 (S.D.N.Y. 2007) (reasonableness of backlog reduction measures for FOIA processing)
- Leadership Conference on Civil Rights v. Gonzales, 404 F. Supp. 2d 246 (D.D.C. 2005) (limits on delaying FOIA responses absent exceptional circumstances)