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Case TitleSCHULTE et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00887
Date Filed2014-05-27
Date Closed2016-12-13
JudgeJudge John D. Bates
PlaintiffFRED SCHULTE
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionFred Schulte, an investigative reporter for the Center for Public Integrity, submitted a FOIA request to the Centers for Medicare and Medicaid Services concerning the effects of electronic health records and other digital billing systems on medical coding. The agency acknowledged receipt of the request, but after hearing nothing more before the statutory time limit expired, Schulte filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-05-271COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-3726474) filed by FRED SCHULTE, CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons to Attorney General, # 4 Summons to U.S. Attorney)(Smith, Peter) (Entered: 05/27/2014)
2014-05-272LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 05/27/2014)
2014-05-27Case Assigned to Judge John D. Bates. (kb) (Entered: 05/27/2014)
2014-05-273SUMMONS Issued (3) Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 05/27/2014)
2014-05-284RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/28/2014. Answer due for ALL FEDERAL DEFENDANTS by 6/27/2014. (Smith, Peter) (Entered: 05/28/2014)
2014-06-035RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/2/2014. (Attachments: # 1 Exhibit Postal Return Receipt)(Smith, Peter) (Entered: 06/03/2014)
2014-06-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/2/2014 (Attachments: # 1 Exhibit Postal Return Receipt)(Smith, Peter) (Entered: 06/04/2014)
2014-06-257MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 06/25/2014)
2014-06-258NOTICE of Appearance by Peter Rolf Maier on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Maier, Peter) (Entered: 06/25/2014)
2014-06-25MINUTE ORDER: Upon consideration of 7 defendant's consent motion for an extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall answer or otherwise respond to 1 plaintiffs' complaint by not later than July 28, 2014. SO ORDERED. Signed by Judge John D. Bates on June 25, 2014. (lcjdb1) (Entered: 06/25/2014)
2014-07-249Consent MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 07/24/2014)
2014-07-24MINUTE ORDER: Upon consideration of 9 defendant's consent motion for an extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall answer or otherwise respond to 1 plaintiffs' complaint by not later than August 26, 2014. SO ORDERED. Signed by Judge John D. Bates on July 24, 2014. (lcjdb1) (Entered: 07/24/2014)
2014-08-2610Consent MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 08/26/2014)
2014-08-26MINUTE ORDER: Upon consideration of 10 defendant's consent motion for an extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall answer or otherwise respond to 1 plaintiff's complaint by not later than September 25, 2014. SO ORDERED. Signed by Judge John D. Bates on August 26, 2014. (lcjdb1) (Entered: 08/26/2014)
2014-08-28Set/Reset Deadlines: Answer due by 9/25/2014. (tb, ) (Entered: 08/28/2014)
2014-09-2411MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 09/24/2014)
2014-09-25MINUTE ORDER: Upon consideration of 11 defendant's motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall answer or otherwise respond to 1 plaintiffs' complaint by not later than October 25, 2014. SO ORDERED. Signed by Judge John D. Bates on 9/25/14. (lcjdb1) (Entered: 09/25/2014)
2014-09-29Set/Reset Deadlines: Defendant shall answer or otherwise file a response to plaintiffs' complaint by 10/25/2014. (jth) (Entered: 09/29/2014)
2014-10-2712Consent MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 10/27/2014)
2014-10-27MINUTE ORDER: Upon consideration of 12 defendant's consent motion for extension of time to respond to complaint, and the entire record herein, it is hereby ORDERED that defendant's motion is GRANTED; and it is further ORDERED that defendant shall answer or otherwise respond to 1 plaintiff's complaint by not later than November 26, 2014. SO ORDERED. Signed by Judge John D. Bates on 10/27/14. (lcjdb1) (Entered: 10/27/2014)
2014-10-28Set/Reset Deadlines: Answer due by 11/26/2014. (tb, ) (Entered: 10/28/2014)
2014-11-2613Consent MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 11/26/2014)
2014-12-01MINUTE ORDER: Upon consideration of 13 defendant's consent motion for extension of time to respond to complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED nunc pro tunc; and it is further ORDERED that defendant shall answer or otherwise respond to 1 plaintiff's complaint by not later than December 26, 2014. SO ORDERED. Signed by Judge John D. Bates on 12/1/14. (lcjdb1) (Entered: 12/01/2014)
2014-12-01Set/Reset Deadlines: Defendant shall file an answer or otherwise response to plaintiffs' complaint by 12/26/2014. (jth) (Entered: 12/01/2014)
2014-12-2314MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 12/23/2014)
2014-12-29MINUTE ORDER: Upon consideration of 14 defendant's motion for extension of time to respond to complaint, and the entire record herein, it is hereby ORDERED that defendant's motion is GRANTED; and it is further ORDERED that defendant shall answer or otherwise respond to 1 plaintiff's complaint by not later than January 26, 2015. SO ORDERED. Signed by Judge John D. Bates on 12/29/14. (lcjdb1) (Entered: 12/29/2014)
2014-12-29Set/Reset Deadlines: Defendant shall Answer or Otherwise Respond to the Plaintiff's Complaint by 1/26/2015. (jth) (Entered: 12/29/2014)
2015-01-2915MOTION for Leave to File Out of Time Motion for Extension of Time In Which To Respond To Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 01/29/2015)
2015-01-3016Memorandum in opposition to re 15 MOTION for Leave to File Out of Time Motion for Extension of Time In Which To Respond To Complaint filed by CENTER FOR PUBLIC INTEGRITY, FRED SCHULTE. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 01/30/2015)
2015-02-03MINUTE ORDER: Upon consideration of 15 defendant's motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED IN PART; and it is further ORDERED that defendant shall answer or otherwise respond to plaintiff's complaint by not later than February 13, 2015. Signed by Judge John D. Bates on 2/3/15. (lcjdb1) (Entered: 02/03/2015)
2015-02-06Set/Reset Deadlines: Answer due by 2/13/2015. (tb, ) (Entered: 02/06/2015)
2015-02-1317ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Maier, Peter) (Entered: 02/13/2015)
2015-02-1318ORDER directing parties to file a proposed briefing schedule for the filing of dispositive motions by not later than March 6, 2015. See text of Order for details. Signed by Judge John D. Bates on 2/13/15. (lcjdb1) (Entered: 02/13/2015)
2015-02-18Set/Reset Deadlines: Proposed Briefing Schedule due by 3/6/2015. (tb, ) (Entered: 02/18/2015)
2015-03-0619Consent MOTION for Extension of Time to File Joint Proposed Briefing Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 03/06/2015)
2015-03-06MINUTE ORDER: Upon consideration of 19 defendant's consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall submit a joint proposed briefing schedule by not later than March 13, 2015. Signed by Judge John D. Bates on 3/6/15. (lcjdb1) (Entered: 03/06/2015)
2015-03-11Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 3/13/2015. (tb, ) (Entered: 03/11/2015)
2015-03-1320MOTION for Scheduling Order by CENTER FOR PUBLIC INTEGRITY, FRED SCHULTE (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 03/13/2015)
2015-03-1321MOTION for Extension of Time to File Proposed Briefing Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 03/13/2015)
2015-03-16MINUTE ORDER: Upon consideration of 21 defendant's motion for extension of time to file proposed briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a proposed briefing schedule by not later than March 20, 2015. No further extensions will be granted absent extraordinary circumstances. SO ORDERED. Signed by Judge John D. Bates on 3/16/15. (lcjdb1) (Entered: 03/16/2015)
2015-03-16MINUTE ORDER: Upon consideration of 20 plaintiff's motion for scheduling order, and the entire record herein, it is hereby ORDERED that the motion is DENIED WITHOUT PREJUDICE. SO ORDERED. Signed by Judge John D. Bates on 3/16/15. (lcjdb1) (Entered: 03/16/2015)
2015-03-17Set/Reset Deadlines: Proposed Briefing Schedule due by 3/20/2015. (tb, ) (Entered: 03/17/2015)
2015-03-2022Joint MOTION for Briefing Schedule by Fred Schulte (Smith, Peter)and by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Maier, Peter) (Entered: 03/20/2015)
2015-03-2323ORDER regarding 22 parties' proposed briefing schedules. See text of Order for details. Signed by Judge John D. Bates on 3/23/15. (lcjdb1) (Entered: 03/23/2015)
2015-03-23Set/Reset Deadlines/Hearings: Proposed Briefing Schedule due by 5/21/2015. Status Conference set for 6/4/2015 09:30 AM in Courtroom 30A before Judge John D. Bates. (tb, ) Modified on 3/23/2015 (tb, ). (Entered: 03/23/2015)
2015-03-23Set/Reset Hearings: Status Conference set for 6/4/2015 09:30 AM in Courtroom 30A before Judge John D. Bates. (tb, ) (Entered: 03/23/2015)
2015-05-2124Consent MOTION for Extension of Time to File Proposed Production and Briefing Schedule by CENTER FOR PUBLIC INTEGRITY, FRED SCHULTE (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 05/21/2015)
2015-05-21MINUTE ORDER: Upon consideration of 24 plaintiffs' consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a joint (or, if necessary, individual) revised proposed production and briefing schedule by not later than May 28, 2015. SO ORDERED. Signed by Judge John D. Bates on 5/21/15. (lcjdb1) (Entered: 05/21/2015)
2015-05-22Set/Reset Deadlines: Joint or individual revised proposed production and briefing schedule due by 5/28/2015. (tb, ) (Entered: 05/22/2015)
2015-05-2825MOTION for Briefing Schedule and Production Schedule by CENTER FOR PUBLIC INTEGRITY, FRED SCHULTE (Smith, Peter) (Entered: 05/28/2015)
2015-05-2926Consent MOTION for Leave to File Proposed Production and Briefing Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit Proposed Schedule)(Maier, Peter) (Entered: 05/29/2015)
2015-05-29MINUTE ORDER: Upon consideration of 26 defendant's consent motion for leave to file out of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that [26-1] defendant's proposed briefing and production schedule shall be deemed filed. SO ORDERED. Signed by Judge John D. Bates on 5/29/15. (lcjdb1) (Entered: 05/29/2015)
2015-05-2927NOTICE of Proposed Briefing Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (td) (Entered: 06/02/2015)
2015-06-04Minute Entry: Status Conference held on 6/4/2015 before Judge John D. Bates: Status Conference set for 7/15/2015 09:30 AM in Courtroom 30A before Judge John D. Bates. Order forthcoming. (Court Reporter Bryan Wayne) (tb) (Entered: 06/04/2015)
2015-06-0528ORDER regarding 25 27 parties' proposed briefing schedules. See text of Order for details. Signed by Judge John D. Bates on 6/5/15. (lcjdb1) (Entered: 06/05/2015)
2015-06-08Set/Reset Deadlines: Attorney Meet and Confer Conference due by 6/26/2015. Proposed Briefing Schedule due by 7/8/2015 (tb) (Entered: 06/08/2015)
2015-07-0829Joint MOTION for Briefing Schedule (Proposed) by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Maier, Peter) (Entered: 07/08/2015)
2015-07-09MINUTE ORDER: Upon consideration of 29 the parties' joint proposed briefing and production schedule, and the entire record herein, it is hereby ORDERED that the status conference scheduled for July 15, 2015, is CANCELLED. SO ORDERED. Signed by Judge John D. Bates on 7/9/15. (lcjdb1) (Entered: 07/09/2015)
2015-12-11MINUTE ORDER: On the Court's own motion, it is hereby ORDERED that the parties shall file a joint status report by not later than January 15, 2016. SO ORDERED. Signed by Judge John D. Bates on 12/11/15. (lcjdb1) (Entered: 12/11/2015)
2015-12-17Set/Reset Deadlines: Joint Status Report due by 1/15/2016. (tb) (Entered: 12/17/2015)
2016-01-1530Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit)(Maier, Peter) (Entered: 01/15/2016)
2016-01-15MINUTE ORDER: Upon consideration of 30 parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report by not later than April 15, 2016. SO ORDERED. Signed by Judge John D. Bates on 1/15/16. (lcjdb1) (Entered: 01/15/2016)
2016-01-19Set/Reset Deadlines: Joint Status Report due by 4/15/2016. (tb) (Entered: 01/19/2016)
2016-03-0331Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas M. Clyde, :Firm- Kilpatrick, Townsend & Stockton, :Address- 1100 Peatchtree Street NE, Suite 2800, Atlanta, GA 30309-4530. Phone No. - 404-815-6038. Filing fee $ 100, receipt number 0090-4435685. Fee Status: Fee Paid. by CENTER FOR PUBLIC INTEGRITY, FRED SCHULTE (Attachments: # 1 Exhibit Declaration of Thomas M. Clyde)(Smith, Peter) (Entered: 03/03/2016)
2016-03-07MINUTE ORDER: Upon consideration of 31 the motion for leave for Thomas M. Clyde to appear pro hac vice, and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of Court shall enter the appearance of Thomas M. Clyde on behalf of plaintiffs. SO ORDERED. Signed by Judge John D. Bates on 3/7/16. (lcjdb1) (Entered: 03/07/2016)
2016-04-1532Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY, FRED SCHULTE. (Attachments: # 1 Exhibit 1 - Table)(Smith, Peter) (Entered: 04/15/2016)
2016-05-05MINUTE ORDER: Upon consideration of 32 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report by not later than September 15, 2016. SO ORDERED. Signed by Judge John D. Bates on 5/5/16. (lcjdb1) (Entered: 05/05/2016)
2016-05-09Set/Reset Deadlines: Joint Status Report due by 9/15/2016. (tb) (Entered: 05/09/2016)
2016-09-0833NOTICE of Appearance by Jane M. Lyons on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Lyons, Jane) (Entered: 09/08/2016)
2016-09-1534Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lyons, Jane) (Entered: 09/15/2016)
2016-09-16MINUTE ORDER: Upon consideration of 34 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report by not later than November 15, 2016. SO ORDERED. Signed by Judge John D. Bates on 09/16/16. (lcjdb1) (Entered: 09/16/2016)
2016-10-1335NOTICE OF SUBSTITUTION OF COUNSEL by Marina Utgoff Braswell on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Jane M. Lyons and Peter Rolf Maier (Braswell, Marina) (Entered: 10/13/2016)
2016-11-1536Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Braswell, Marina) (Entered: 11/15/2016)
2016-11-15MINUTE ORDER: Upon consideration of 36 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report by not later than December 14, 2016. SO ORDERED. Signed by Judge John D. Bates on 11/15/16. (lcjdb1) (Entered: 11/15/2016)
2016-11-16Set/Reset Deadlines: Joint Status Report due by 12/14/2016. (tb) (Entered: 11/16/2016)
2016-12-1337STIPULATION of Dismissal by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Braswell, Marina) (Entered: 12/13/2016)
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by FOIA Project Staff