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Case TitleBrier Creek Integrated Pain & Spine PLLC v. United States Department of Health & Human Services et al
DistrictEastern District of North Carolina
CityWestern Division
Case Number5:2016cv00386
Date Filed2016-06-13
Date ClosedOpen
JudgeSenior Judge W. Earl Britt
PlaintiffBrier Creek Integrated Pain & Spine PLLC
Case DescriptionBrier Creek Integrated Pain & Spine, a clinic specializing in pain medicine, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning itself and its staff physician. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the clinic filed an appeal. The agency acknowledged receipt of the appeal, but after hearing nothing further, the clinic filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Health & Human Services
DefendantSylvia Burwell in her official capacity as Secretary of Health & Human Services
DefendantCenters for Medicare & Medicaid Services
DefendantAndy Slavitt in his capacity as the Acting Administrator of the Centers for Medicare & Medicaid Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [42]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-131COMPLAINT against Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services ( Filing fee $ 400 receipt number 0417-3718118.), filed by Brier Creek Integrated Pain & Spine PLLC. (Attachments: # 1 Exhibit A - January 19, 2016 FOIA Request, # 2 Exhibit B - January 22, 2016 Letter from CMS, # 3 Exhibit C - March 31, 2016 BCIPS Administrative Appeal, # 4 Exhibit D - April 7, 2016 Letter from CMS, # 5 Civil Cover Sheet, # 6 Proposed Summons to U.S. Dept of Health & Human Services, # 7 Proposed Summons to Sylvia Burwell, # 8 Proposed Summons to Centers for Medicare & Medicaid Services, # 9 Proposed Summons to Andy Slavitt) (George, Charles) (Entered: 06/13/2016)
2016-06-132Notice of Appearance filed by Charles George on behalf of Brier Creek Integrated Pain & Spine PLLC. (George, Charles) (Entered: 06/13/2016)
2016-06-133Notice of Appearance filed by Frank S. Kirschbaum on behalf of Brier Creek Integrated Pain & Spine PLLC. (Kirschbaum, Frank) (Entered: 06/13/2016)
2016-06-134Financial Disclosure Statement by Brier Creek Integrated Pain & Spine PLLC (George, Charles) (Entered: 06/13/2016)
2016-06-145Summons Issued as to Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt and United States Department of Health & Human Services. (Marsh, K) (Entered: 06/14/2016)
2016-07-146Notice of Appearance filed by Rudy E. Renfer on behalf of Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services. (Renfer, Rudy) (Entered: 07/14/2016)
2016-07-147MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services. (Attachments: # 1 Text of Proposed Order) (Renfer, Rudy) (Entered: 07/14/2016)
2016-07-14Motion Referred to Julie Richards Johnston, Clerk of Court: 7 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Romine, L.) (Entered: 07/14/2016)
2016-07-15TEXT ORDER granting defendants' 7 motion for extension of time. Defendants shall have through and including August 17, 2016 to file an answer or otherwise respond to the complaint. Signed by Julie Richards Johnston, Clerk of Court on 7/15/2016. (Hockaday, A.) (Entered: 07/15/2016)
2016-08-158Second MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services. (Attachments: # 1 Text of Proposed Order) (Renfer, Rudy) (Entered: 08/15/2016)
2016-08-15Motion Referred to Julie Richards Johnston, Clerk of Court: 8 Second MOTION for Extension of Time to File Answer regarding 1 Complaint. (Romine, L.) (Entered: 08/15/2016)
2016-08-15TEXT ORDER granting defendants' D.E. 8 second motion for extension of time. Defendants shall have through and including October 17, 2016 to file an answer or otherwise respond to the complaint. Signed by Julie Richards Johnston, Clerk of Court, on 8/15/2016. (Johnston, J.) (Entered: 08/15/2016)
2016-10-129Third MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services. (Attachments: # 1 Text of Proposed Order) (Renfer, Rudy) (Entered: 10/12/2016)
2016-10-12Motion Referred to US Magistrate Judge James E. Gates regarding: 9 Third MOTION for Extension of Time to File Answer regarding 1 Complaint. (Marsh, K) (Entered: 10/12/2016)
2016-10-1310ORDER granting 9 Motion for Extension of Time to Answer. Counsel should read order in its entirety for critical deadlines. Signed by Magistrate Judge James E. Gates on 10/13/2016. (Marsh, K) (Entered: 10/13/2016)
2016-12-1411ANSWER to 1 Complaint,, by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services. (Renfer, Rudy) (Entered: 12/14/2016)
2017-02-0612ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 2/6/2017. (Marsh, K) (Entered: 02/06/2017)
2017-03-0313MOTION to Stay regarding 12 Order for Discovery Plan Motion to Stay Discovery and for the Court to Schedule Joint Status Reports filed by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services. (Attachments: # 1 Exhibit A - Declaration of Hugh Gilmore) (Renfer, Rudy) (Entered: 03/03/2017)
2017-03-03Motion Referred to US Magistrate Judge James E. Gates regarding: 13 MOTION to Stay regarding 12 Order for Discovery Plan Motion to Stay Discovery and for the Court to Schedule Joint Status Reports. (Marsh, K) (Entered: 03/03/2017)
2017-03-1714RESPONSE to Motion regarding 13 MOTION to Stay regarding 12 Order for Discovery Plan Motion to Stay Discovery and for the Court to Schedule Joint Status Reports filed by Brier Creek Integrated Pain & Spine PLLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Letter from CMS to C. Reid dated June 23, 2016, # 3 Exhibit 2 - E-mail thread from C. George to R. Renfer from July 12, 2016, # 4 Exhibit 3 - Letter from CMS to C. Reid dated August 2, 2016, # 5 Exhibit 4 - Letter from B. Durand to CMS dated August 4, 2016 transmitting $8,165.00 check, # 6 Exhibit 5 - E-mail thread from C. George to R. Renfer from August 31, 2016, # 7 Exhibit 6 - E-mail from C. Reid to CMS dated September 1, 2016, # 8 Exhibit 7 - Email thread from C. George to R. Renfer from December 6, 2016, # 9 Exhibit 8 - Email thread from C. George to R. Renfer from January 19, 2017) (George, Charles) (Entered: 03/17/2017)
2017-03-3115REPLY to Response to Motion regarding 13 MOTION to Stay regarding 12 Order for Discovery Plan Motion to Stay Discovery and for the Court to Schedule Joint Status Reports filed by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services. (Attachments: # 1 Supplemental Declaration of Hugh Gilmore, # 2 Exhibit B - Charles George email) (Renfer, Rudy) (Entered: 03/31/2017)
2018-03-0816Notice of Substitution of Counsel filed by Christopher M. Anderson on behalf of Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services substituting for Rudy E. Renfer. (Anderson, Christopher) (Entered: 03/08/2018)
2018-03-2017ORDER granting 13 Motion to Stay. All discovery in this case, including the convening of a conference and filing of a discovery plan pursuant to Fed. R. Civ. P. Rule 26(f) is STAYED pending further order of the court. The court will hold a telephone conference with counsel on Tuesday, 3/27/2018, at 3:00 p.m. The parties are reminded to read the order in its entirety. Signed by US Magistrate Judge James E. Gates on 3/20/2018. (Creasy, L.) (Entered: 03/20/2018)
2018-03-20NOTICE of Hearing: Telephonic Conference set for 3/27/2018 at 3:00 PM before US Magistrate Judge James E. Gates pursuant to 17 Order. (Creasy, L.) (Entered: 03/20/2018)
2018-03-2718Minute Entry for proceedings held before Magistrate Judge James E. Gates in Raleigh. Telephone Conference held on 3/27/2018. Counsel for parties attended telephone conference. Counsel for the parties advise the court of their respective positions regarding production of documents and the length of time to complete production. The court will take this matter under advisement. (Court Reporter - FTR) (Horton, B.) (Entered: 03/28/2018)
2018-03-28TEXT ORDER - Defendants are directed to file copies of the production orders referenced in paragraphs 9a and 9b of the Supplemental Declaration of Hugh Gilmore (D.E. 15-1) by 30 March 2018. Entered by Magistrate Judge James E. Gates on 3/28/2018. (Horton, B.) (Entered: 03/28/2018)
2018-03-3019Notice filed by United States Department of Health & Human Services regarding Text Order, dated March 28, 2018 . (Attachments: # 1 Declaration of Hugh Gilmore) (Anderson, Christopher) (Entered: 03/30/2018)
2018-03-30Notice at 19 Referred to United States Magistrate Judge James E. Gates on this date pursuant to the Text Order entered on 3/28/2018. (Edwards, S.) (Entered: 04/04/2018)
2018-04-1020Incorrect document entered. Correct document entered at Docket Entry 21 Modified on 4/11/2018 (Moore, P.). (Entered: 04/10/2018)
2018-04-1021ORDER regarding 20 Order establishing a schedule for the production of records sought by the Plaintiff. In order to help ensure that the production proceeds as directed, the parties shall file a joint status report on a monthly basis by the tenth day of each month. Pursuant to this directive, defendants shall file their first joint status report which shall relate to April 2018, by 10 May 2018. Counsel should read the order in its entirety for critical deadlines and information. Signed by United States Magistrate Judge James E. Gates on 4/10/2018. (Edwards, S.) Modified on 4/11/2018 (Moore, P. ). (Entered: 04/10/2018)
2018-05-1022STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 05/10/2018)
2018-05-11Remark: Referred the 22 Status Report to United States Magistrate Judge James E. Gates pursuant to the 21 Order. (Edwards, S.) (Entered: 05/11/2018)
2018-06-0823STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 06/08/2018)
2018-06-08Remark: Referred the 23 Status Report to United States Magistrate Judge James E. Gates pursuant to the 21 Order. (Edwards, S.) (Entered: 06/08/2018)
2018-07-1024STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 07/10/2018)
2018-07-11Referred the 24 Status Report to United States Magistrate Judge James E. Gates pursuant to the 21 Order. (Edwards, S.) (Entered: 07/11/2018)
2018-08-1025STATUS REPORT (Joint) by United States Department of Health & Human Services (Anderson, Christopher) (Entered: 08/10/2018)
2018-08-10Referred the 25 Status Report to United States Magistrate Judge James E. Gates pursuant to the 21 Order. (Edwards, S.) (Entered: 08/10/2018)
2018-09-0526STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 09/05/2018)
2018-09-05Referred 26 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Herrmann, L.) (Entered: 09/05/2018)
2018-10-0927STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 10/09/2018)
2018-10-09Referred 27 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Herrmann, L.) (Entered: 10/09/2018)
2018-11-0628Disregard - Corrected document refiled at 29 . STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) Modified on 11/7/2018 (Herrmann, L.) (Entered: 11/06/2018)
2018-11-0629STATUS REPORT (Corrected - Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 11/06/2018)
2018-11-07Referred 29 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Herrmann, L.) (Entered: 11/07/2018)
2018-12-0730STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 12/07/2018)
2018-12-10Referred 30 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Edwards, S.) (Entered: 12/10/2018)
2019-01-0831STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 01/08/2019)
2019-01-09Referred 31 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Edwards, S.) (Entered: 01/09/2019)
2019-02-0832STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 02/08/2019)
2019-02-08Referred 32 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Herrmann, L.) (Entered: 02/08/2019)
2019-03-0533STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 03/05/2019)
2019-03-05Referred 33 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Edwards, S.) (Entered: 03/05/2019)
2019-04-1034STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 04/10/2019)
2019-04-11Referred 34 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Edwards, S.) (Entered: 04/11/2019)
2019-05-0735STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 05/07/2019)
2019-05-07Referred 35 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Edwards, S.) (Entered: 05/07/2019)
2019-06-0736STATUS REPORT (Joint) by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services (Anderson, Christopher) (Entered: 06/07/2019)
2019-06-10Referred 36 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Edwards, S.) (Entered: 06/10/2019)
2019-06-1337Order Setting Hearing - In order to determine the current status of the case, the court will hold a telephone conference with counsel on 6/27/2019 at 3:00 PM before Magistrate Judge James E. Gates. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by United States Magistrate Judge James E. Gates on 6/12/2019. (Edwards, S.) (Entered: 06/13/2019)
2019-06-2738Minute Entry for proceedings held before US Magistrate Judge James E. Gates in Raleigh: Telephonic Status Conference held on 6/27/2019. Counsel for parties attended telephone conference. Counsel for the parties advise the court of their respective positions regarding production of documents and the length of time to complete production of the Vaughn index. The court will take this matter under advisement. Written order to follow. (Court Reporter FTR) (Sellers, N.) (Entered: 06/27/2019)
2019-06-2839ORDER following a telephone conference, the court directs the parties to file by 7/11/2019 a joint motion and proposed order setting out a proposed schedule for provision by defendants to plaintiff of a Vaughn index for the document production by defendants to plaintiff in this case, including the final set of documents defendants represented in the conference would be produced within the next several days. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by US Magistrate Judge James E. Gates on 6/28/2019. (Edwards, S.) (Entered: 06/28/2019)
2019-07-1040STATUS REPORT by United States Department of Health & Human Services (Anderson, Christopher) (Entered: 07/10/2019)
2019-07-11Referred 40 Status Report to United States Magistrate Judge James E. Gates pursuant to 21 Order. (Herrmann, L.) (Entered: 07/11/2019)
2019-07-1141Joint MOTION For Entry of a Scheduling Order for Production of a Vaughn Index filed by Sylvia Burwell, Centers for Medicare & Medicaid Services, Andy Slavitt, United States Department of Health & Human Services. (Attachments: # 1 Text of Proposed Order) (Anderson, Christopher) (Entered: 07/11/2019)
2019-07-12Motion Referred to US Magistrate Judge James E. Gates: 41 Joint MOTION For Entry of a Scheduling Order for Production of a Vaughn Index. (Herrmann, L.) (Entered: 07/12/2019)
2019-07-2442ORDER granting 41 Motion For Entry of a Scheduling Order for Production of a Vaughn Index. Counsel should read the order in its entirety for critical deadlines. Signed by Magistrate Judge James E. Gates on 7/24/2019. (Herrmann, L.) (Entered: 07/24/2019)
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by FOIA Project Staff
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