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Case TitleCOMPETITIVE ENTERPRISE INSTITUTE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv02138
Date Filed2014-12-17
Date Closed2015-12-18
JudgeJudge Rudolph Contreras
PlaintiffCOMPETITIVE ENTERPRISE INSTITUTE
Case DescriptionThe Competitive Enterprise Institute submitted three FOIA requests to the Centers for Medicare and Medicaid Services for records concerning tax credits available under the Affordable Care Act. CEI also requested a fee waiver for each request. The agency acknowledged receipt of the three requests, but after hearing nothing further from the agency, the CEI filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

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

2014-12-171COMPLAINT by the only plaintiff against All Defendants ( Filing fee $ 400 receipt number 0090-3939095) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for US Attorney, # 3 Summons for the agency, HHS, # 4 Summons for the Attorney General)(Bader, Hans) (Entered: 12/17/2014)
2014-12-17Case Assigned to Judge Rudolph Contreras. (rd) (Entered: 12/17/2014)
2014-12-172SUMMONS (3) Issued 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)(rd) (Entered: 12/17/2014)
2014-12-173Corporate Disclosure Statement by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 12/17/2014)
2014-12-194AMENDED COMPLAINT by the only plaintiff against All Defendants filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Summons for U.S. Attorney, # 2 Summons for the agency, HHS, # 3 Summons for Attorney General)(Bader, Hans) (Entered: 12/19/2014)
2014-12-225SUMMONS Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 12/22/2014)
2015-01-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/29/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 1/28/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/22/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/29/2014. (Bader, Hans) (Entered: 01/13/2015)
2015-01-237ANSWER to 4 Amended Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. Related document: 4 Amended Complaint filed by COMPETITIVE ENTERPRISE INSTITUTE.(Sandberg, Justin) (Entered: 01/23/2015)
2015-01-23MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before February 6, 2015. Signed by Judge Rudolph Contreras on 1/23/2015. (lcrc1) (Entered: 01/23/2015)
2015-01-23Set/Reset Deadlines: Meet & Confer Statement due by 2/6/2015. (tj ) (Entered: 01/23/2015)
2015-02-068MEET AND CONFER STATEMENT. (Attachments: # 1 Exhibit, # 2 Exhibit)(Sandberg, Justin) (Entered: 02/06/2015)
2015-02-06MINUTE ORDER: Upon consideration of 8 Defendant's Memorandum Regarding Proposed Briefing Schedule, it is hereby ORDERED that Defendant shall release documents to Plaintiff on February 27, 2015, and again on April 17, 2015. It is FURTHER ORDERED that on or before April 22, 2015, the parties shall file a status report in which Defendant will provide the Court with a date certain upon which it anticipates completing its production of documents, and in which the parties will jointly propose a schedule for submitting briefs to resolve any outstanding disagreements. SO ORDERED. Signed by Judge Rudolph Contreras on 2/6/2015. (lcrc1) (Entered: 02/06/2015)
2015-03-03Set/Reset Deadlines: Status Report due by 4/22/2015 (tj) (Entered: 03/03/2015)
2015-04-229Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Sandberg, Justin) (Entered: 04/22/2015)
2015-04-22MINUTE ORDER granting 9 Defendant's Unopposed Motion for Extension of Time. It is hereby ORDERED that on or before April 24, 2015, the parties shall file a status report in which Defendant will provide the Court with a date certain upon which it anticipates completing its production of documents, and in which the parties will jointly propose a schedule for submitting briefs to resolve any outstanding disagreements. SO ORDERED. Signed by Judge Rudolph Contreras on 4/22/2015. (lcrc1) (Entered: 04/22/2015)
2015-04-2410STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Sandberg, Justin) (Entered: 04/24/2015)
2015-04-28MINUTE ORDER: Upon consideration of the 10 Joint Status Report, it is hereby ORDERED that Defendant shall review at least 4,000 potentially responsive records by June 26, 2015, and, on or before that date, shall produce any responsive, non-exempt records that are subject to the FOIA; that Defendant shall review a total of 8,000 potentially responsive records by August 25, 2015, and, on or before that date, shall produce any responsive, non-exempt records that are subject to the FOIA; and that Defendant shall review a total of 12,000 potentially responsive records by October 26, 2015, and, on or before that date, shall produce any responsive, non-exempt records that are subject to the FOIA. It is FURTHER ORDERED that the parties shall meet and confer and file a joint status report on or before October 29, 2015, addressing the remainder of the production schedule and any proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 4/28/2015. (lcrc1) (Entered: 04/28/2015)
2015-10-2911Joint MOTION for Extension of Time to File Status Report by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Sandberg, Justin) (Entered: 10/29/2015)
2015-10-29MINUTE ORDER granting 11 the parties' Joint Motion for Extension of Time: It is hereby ORDERED that the parties shall meet and confer and file a joint status report on or before November 5, 2015, addressing the remainder of the production schedule and any proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 10/29/2015. (lcrc1) (Entered: 10/29/2015)
2015-10-30Set/Reset Deadlines: Status Report due by 11/5/2015. (tj) (Entered: 10/30/2015)
2015-11-0412Joint MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Sandberg, Justin) (Entered: 11/04/2015)
2015-11-04MINUTE ORDER granting 12 the parties' Joint Motion for Extension of Time: It is hereby ORDERED that the parties shall meet and confer and file a joint status report on or before December 3, 2015, addressing the remainder of the production schedule and any proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 11/4/2015. (lcrc1) (Entered: 11/04/2015)
2015-11-05Set/Reset Deadlines: Attorney Meet and Confer Conference due by 12/3/2015. Status Report due by 12/3/2015 (tj) (Entered: 11/05/2015)
2015-12-0313Joint MOTION for Extension of Time to File Status Report by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Sandberg, Justin) (Entered: 12/03/2015)
2015-12-03MINUTE ORDER granting 13 the parties' Joint Motion for Extension of Time: It is hereby ORDERED that the parties shall meet and confer and file a joint status report on or before December 15, 2015, addressing the remainder of the production schedule and any proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 12/3/2015. (lcrc1) (Entered: 12/03/2015)
2015-12-1514STIPULATION of Dismissal by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 12/15/2015)
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