Skip to content

Case Detail

[Subscribe to updates]
Case TitleDEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00277
Date Filed2018-02-07
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted FOIA requests to the Department of Health and Human Services and the Centers for Medicare and Medicaid Services for records concerning the scheduled downtime for the healthcare.gov website. Democracy Forward Foundation submitted a second FOIA request to HHS and CMS for records concerning the length of the open enrollment period for 2018. Democracy Forward Foundation also requested a fee waiver for both requests. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Democracy Forward Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
200 Independence Avenue, S.W.
Washington, DC 20201
DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
DefendantU.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-071COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5322161) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Guzman, Javier) (Entered: 02/07/2018)
2018-02-072LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Guzman, Javier) (Entered: 02/07/2018)
2018-02-07Case Assigned to Judge Tanya S. Chutkan. (zmd) (Entered: 02/09/2018)
2018-02-093SUMMONS (4) Issued Electronically as to U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 02/09/2018)
2018-02-264RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 2/13/2018; U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 2/13/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/14/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/14/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/16/2018.) (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 02/26/2018)
2018-03-165ANSWER to 1 Complaint by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES.(Simon, Jeremy) Modified to add link on 3/19/2018 (znmw). (Entered: 03/16/2018)
2018-04-03MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order no later than 5/3/18. Signed by Judge Tanya S. Chutkan on 4/3/18. (DJS) (Entered: 04/03/2018)
2018-04-03Set/Reset Deadlines: Joint Status Report due by 5/3/2018. (jl) (Entered: 04/04/2018)
2018-05-026Joint STATUS REPORT by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/02/2018)
2018-05-03MINUTE ORDER: Having considered the parties' joint status report 6 , it is hereby ordered that the parties shall file another joint report and proposed order by June 13, 2018. Signed by Judge Tanya S. Chutkan on 5/3/18. (DJS) (Entered: 05/03/2018)
2018-06-137Joint STATUS REPORT by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/13/2018)
2018-06-28MINUTE ORDER: Having considered the parties' Joint Status Report 8 , it is hereby ordered that the parties shall submit a another joint report and proposed order by July 25, 2018. Signed by Judge Tanya S. Chutkan on 6/28/18. (DJS) (Entered: 06/28/2018)
2018-06-28Set/Reset Deadlines: Joint Status Report due by 7/25/2018. (tb) (Entered: 06/28/2018)
2018-07-248Joint STATUS REPORT by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/24/2018)
2018-07-26MINUTE ORDER: Having considered the parties' Joint Status Report 8 , it is hereby ordered that he parties shall submit another joint report by September 5, 2018 and every 60 days thereafter. To the extent the report contains a proposed production and/or briefing schedule, the parties shall also file a proposed order. Signed by Judge Tanya S. Chutkan on 7/26/18. (DJS) (Entered: 07/26/2018)
2018-07-27Set/Reset Deadlines: Joint Status Report due by 9/5/2018. (tb) (Entered: 07/27/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar