Administrative Processing Records (FOIA Control #2021-5683)
It is a clone of this request.
| Tracking # |
FDA2280527 2021-5683 FDA2280527 |
| Submitted | Jan. 22, 2022 |
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Communications
From: Erin Marie Miller
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 that are not protected by attorney-client privilege. Please be sure to include all attachments to any emails.
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.
Per my phone conversation on 1/7/2022 with Sarah Kotler regarding FOIA request #2021-5683, the responsive documents for this request should include any emails or other communications that were sent internally during the process of the FDA's evaluation of FDA FOIA request Control #2021-5683 to determine its approval/denial status, and which are not protected by attorney-client privilege.
FOIA request #2021-5683 was denied due to the fact that Ms. Kotler claimed to have not received both of my follow up emails to her clarifying this request after I spoke with her on the phone; in light of that, I am re-submitting the request with her requested clarifications.
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.
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
From: Food and Drug Administration
*** This is an automated message. Please do not reply to this email. ***
Reference: FDA2280527
Dear Requester,
This is to confirm that you submitted a request for record(s) from the Food and Drug Administration
pursuant to the Freedom of Information Act.
FOIA staff will review your request to determine whether it has sufficient information to be processed;
if so, you will receive another email as a formal acknowledgement of your request, with a control number for your request.
If your request is not sufficiently described,
or if there are any other deficiencies with your submission, FOIA staff will contact you via telephone or email.
From: Food and Drug Administration
Good morning, Erin. I saw your resubmitted request regarding 2021-5683. I am not clear on what you mean by: "FOIA request #2021-5683 was denied." That request was not denied; it was pending response with FDA when the requester sued FDA. Therefore, to the extent you are seeking "any emails or other communications that were sent internally during the process of the FDA's evaluation of FDA FOIA request Control #2021-5683 to determine its approval/denial status," there would be no such record because the request was never denied. It was "waiting in line" for processing when we got sued.
If you did in fact email me after our phone call, I did not receive those emails. Perhaps you should use something other than the Muckrock email address, as those emails don't appear to be getting through to me. Do you have an alternate email address you can use?
Thanks,
Sarah B. Kotler, J.D.
Director, Division of Freedom of Information
US FDA
301-796-8976
From: Food and Drug Administration
Hi, Erin. I got your voicemail. We routinely get emails from Muckrock (particularly the automated status requests) so I don't think it's being blocked, but just in case I reached out to our IT department to see if we can figure out what's going on. In the meantime, if you can provide me with an alternate email address, that would be great.
Thanks,
Sarah B. Kotler, J.D.
Director, Division of Freedom of Information
US FDA
301-796-8976
From: Food and Drug Administration
Hi, Erin. Per our IT people, can you please use another email address to send a PDF copy of the email that is getting bounced back, with the header information included? (To, From, Date or timestamp if possible)
Sarah B. Kotler, J.D.
Director, Division of Freedom of Information
US FDA
301-796-8976
From: Erin Marie Miller
Hi Sarah,
I've contacted MuckRock staff and asked them to send you the requested bounced emails from a different email. They should be in touch with your IT department about this soon.
Thanks,
Erin Miller
From: Food and Drug Administration
Control number: 2022-736
Please find the attached acknowledgement regarding your FOIA request. Note: Do NOT reply directly to this E-mail
From: Food and Drug Administration
Dear Ms. Miller,
Please see attached for the responsive records and response letter for your Freedom of Information Act (FOIA) request #2022-736. Please reach out to me if you have any questions. In addition, when possible, I kindly request that you reply to this email as a confirmation of receipt.
Thank you,
Elizabeth Willier, M.S.
Biologist
Access Litigation and Freedom of Information Branch (ALFOIB)
Division of Disclosure and Oversight Management (DDOM)
Office of Communication Outreach and Development (OCOD)
Center for Biologics Evaluation and Research (CBER)
U.S. Food and Drug Administration (FDA)
From: Erin Marie Miller
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Erin Marie Miller
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