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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

DEFENDING THE REPUBLIC, § 

§ 

Plaintiff, § 

§ 

v. § CIVIL ACTION NO. 3:22-cv-1237-E 

§ 

FOOD AND DRUG ADMINISTRATION, § 

§ 

Defendant. § 

JOINT MOTION REQUESTING THE COURT TO ENTER AN ORDER SETTING A 

BRIEFING SCHEDULE 

Plaintiff, Defending the Republic, and Defendant, United States Food and Drug 

Administration (“FDA”) respectfully move for the Court to enter an order setting a briefing 

schedule to determine an appropriate production schedule for documents in this Freedom of 

Information Act (“FOIA”) case. In support of the motion, the parties state the following:

1. This case involves Plaintiff’s FOIA request to FDA for “all data and information submitted 

by Moderna relating to the FDA review and approval of Spikevax.” 

2. Pursuant to this Court’s order dated July 19, 2022, the parties submitted an initial joint 

status report stating, among other things, that they were negotiating a production schedule 

and the scope of Plaintiff’s request and that it may be necessary to brief those issues for 

the Court if the parties were unable to reach an agreement. ECF No. 18. Subsequently, the 

parties submitted joint status reports about their continued negotiations. See ECF Nos. 19, 

20. Once the parties determined they were unable to reach agreement, the parties proposed 

a briefing schedule to present their arguments on the issue of an appropriate production 

schedule. ECF No. 22 at ¶ 5; ECF No. 23 at ¶ 4; ECF No. 24 at ¶ 4. 

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3. The Court has not yet entered an order setting a briefing schedule. The parties, therefore, 

request the Court to issue an order setting the following briefing schedule: 

a. February 22, 2023: Plaintiff will file its brief and any declaration(s) and/or other 

exhibits in support of its proposed production schedule. 

b. March 22, 2023: Defendant will file its opposition and any declaration(s) and/or 

other exhibits in support of its proposed production schedule. 

c. The parties further propose a page limit of 35 pages for each party’s brief. 

Respectfully submitted,

s/ Travis Miller

 TRAVIS MILLER 

 TX Bar No. 24072952 

 Defending the Republic 

 2911 Turtle Creek Blvd., Suite 300 

 Dallas, TX 75219 

 Tel.: (214) 707-1775 

 E-mail: twm@defendingtherepublic.org 

 Attorney for Plaintiff

 BRIAN M. BOYNTON 

 Principal Deputy Assistant Attorney General

 

 ELIZABETH J. SHAPIRO

 Deputy Branch Director

 s/ Marcia K. Sowles 

MARCIA K. SOWLES

 DC Bar No. 369455 

 Senior Trial Counsel

 United States Department of Justice

 Civil Division, Federal Programs Branch 

 1100 L. Street Avenue N.W. Room 11028 

 Washington, D.C. 20530 

 Tel.: (202) 514- 4960 

 Fax: (202) 616- 8470 

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 E-mail: marcia.sowles@usdoj.gov

 Attorney for Defendant 

CERTIFICATE OF SERVICE

I hereby certify that on January 23, 2023, I e-filed the foregoing using the CM/ECF system, 

which serves all counsel of record. 

 s/ Travis Miller

 Travis Miller

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