Administrative Processing Records (FOIA Control #2021-5683)

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

1. All administrative processing records (including notes, emails, and memos) related to FDA FOIA request Control #2021-5683. Please be sure to include all attachments to any emails.

The requested documents and information will be made available to the general public, and this request is not being made for commercial purposes. Because this request will be made available to the public, please make sure to redact the personal contact information, including home addresses or phone numbers, of any private citizens that might be included in the responsive documents before providing them to me.

When delivering the responsive documents related to this request, please also specifically certify that no other responsive documents exist beyond those provided by your agency as part of this request.

I am willing to pay up to $25 for the requested information. If the fee for this request exceeds that amount, please notify me for permission in writing prior to initiating any work on the request.

I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Erin Miller

Hi Sarah,

Following up on FDA FOIA tracking #FDA2280136 (my request for administrative records related to FOIA request Control #2021-5683), per our conversation, the records I'm seeking include the internal communications related to this request prior to litigation -- so, basically any emails or other communications that were sent during the process of the FDA's evaluation of the request to determine its approval/denial status.

I understand that some communications after the start of litigation might be privileged, and I also realize the lawsuit happened quickly so there might not be many responsive records, but I'd still like to review whatever exists and is available to the public.

Thank you, again!

- Erin Miller

Hi Sarah,

Apologies -- I think my email to you must have gotten lost somehow. I emailed you right after our phone conversation on 1/7/2022.

Following up on FOIA request Control #2021-5683), per our conversation, the records I'm seeking include the internal communications related to this request prior to litigation -- so, any emails or other communications that were sent during the process of the FDA's evaluation of the request to determine its approval/denial status.

I understand that some communications after the start of litigation might be privileged, and I also realize the lawsuit happened quickly so there might not be a large amount of responsive records, but I'd still like to review any available records.

Thank you, again!

- Erin Miller

Hi Sarah,

I am not sure why this request was declined. I followed up with you by email twice (see this link for proof: https://www.muckrock.com/foi/united-states-of-america-10/administrative-processing-records-foia-control-2021-5683-123375)

My emails were delivered to the email address Sarah.Kotler@fda.hhs.gov on 1/7/2022 and 1/14/2022.

Please confirm that you did not receive them, as this would be an error on the fault of MuckRock.

Best,

Erin Miller

Hi Ms. Kotler,

Upon reviewing the two follow up emails I sent to you at Sarah.Kotler@fda.hhs.gov on 1/7/2022 and 1/14/2022, MuckRock's team confirmed that the site encountered a hardfail when trying to send the follow up emails. Per their team, the emails were bounced or dropped, potentially due to a spam filter.

This is obviously confusing, as I have been able to communicate with you effectively via email about FDA #2022-98 as well as FDA2179992, but not about this request.

Can you please speak with your agency's IT department about why my email address would suddenly be recognized as spam by your agency's spam filters after our phone call? I will also call you to follow up about this issue to make sure it's handled properly.

MuckRock is also aware of the issue and may follow up with your IT department directly.

Best,

Erin Miller