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Case TitleBrown v. U.S. Department of Health and Human Services
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2017cv01232
Date Filed2017-11-10
Date ClosedOpen
JudgeChief Judge Michael J. Reagan
PlaintiffNathaniel O. Brown
Case DescriptionNathaniel Brown, an attorney, submitted a FOIA request to the Department of Health and Human Services concerning three investigations conducted by the Center for Medicare and Medicaid Services pertaining to nursing homes. The agency acknowledged receipt of his request, but after hearing nothing further from the agency, Brown filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. Department of Health and Human Services
DefendantUnited States Department of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-101COMPLAINT for Injunctive Relief against United States Department of Health and Human Services ( Filing fee $ 400 receipt number 0754-3397332.), filed by Nathaniel O. Brown. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2)(Keck, Frederick) (Entered: 11/10/2017)
2017-11-132Notice of Judge Assignment. Chief Judge Michael J. Reagan and Magistrate Judge Stephen C. Williams assigned. All future documents must bear case number 17-1232-MJR-SCW. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (lmb) (Entered: 11/13/2017)
2017-11-133NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Keck does not have a Notice of Appearance on file in this case. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/13/2017)
2017-11-134NOTICE of Appearance by Frederick W. Keck on behalf of Nathaniel O. Brown (Keck, Frederick) (Entered: 11/13/2017)
2017-11-295Summons Requested. (Keck, Frederick) (Entered: 11/29/2017)
2017-11-306Summons Issued as to U.S. Department of Health and Human Services. (cjo) (Entered: 11/30/2017)
2017-12-157SUMMONS Returned Executed by Nathaniel O. Brown. U.S. Department of Health and Human Services served on 12/5/2017, answer due 2/5/2018. (Keck, Frederick) (Entered: 12/15/2017)
2018-01-028NOTICE of Appearance by Adam E. Hanna on behalf of U.S. Department of Health and Human Services (Hanna, Adam) (Entered: 01/02/2018)
2018-01-029ANSWER to 1 Complaint, by U.S. Department of Health and Human Services.(Hanna, Adam) (Entered: 01/02/2018)
2018-01-1410Joint MOTION to Stay Case by U.S. Department of Health and Human Services. (Hanna, Adam) (Entered: 01/14/2018)
2018-01-1611ORDER : The parties' have jointly moved for a stay of these proceedings to allow Plaintiff to refile and pursue a Freedom of Information Act ("FOIA") request. The parties anticipate that Plaintiff will secure the information he is seeking via this course of action. Accordingly, the parties seek to stay this matter to promote judicial efficiency. The Court considers several factors to determine whether a discretionary stay is appropriate, including: whether a stay will unduly disadvantage the non-movant; whether a stay will streamline and simplify matters for trial; and, whether a stay will reduce the burden of litigation on the parties and the Court. See e.g. Landis v. North American Co., 57 S.Ct. 163 (1936). Here, a stay would not unduly prejudice either side, and it may eliminate the need for litigation entirely. The parties' joint request for a stay (Doc. 10 ) is hereby GRANTED. A status report shall be filed with the Court by Monday, March 19, 2018. Signed by Chief Judge Michael J. Reagan on 1/16/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/16/2018)
2018-03-1912STATUS REPORT by Nathaniel O. Brown. (Keck, Frederick) (Entered: 03/19/2018)
2018-03-2113ORDER: The Court is in receipt of Plaintiff's timely status report, filed March 19, 2018. Plaintiff indicates that the FOIA process is ongoing. Accordingly, Plaintiff is directed to file another status report by Monday, June 18, 2018, or at an earlier date if the matter is resolved. Signed by Chief Judge Michael J. Reagan on 3/21/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/21/2018)
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by FOIA Project Staff