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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00549
Date Filed2018-03-09
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted five FOIA requests to the Centers for Medicare and Medicaid Services for records concerning alleged conflicts of interest by CMS Administrator Seema Verma. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-091COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5366320) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to USAO, # 3 Summons as to AG, # 4 Summons as to HHS, # 5 Summons as to CMS)(Creighton, Sara) (Entered: 03/09/2018)
2018-03-092LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 03/09/2018)
2018-03-12Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 03/12/2018)
2018-03-123SUMMONS (4) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/12/2018)
2018-03-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/19/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 4/18/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/19/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 3/16/2018; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/16/2018 (Attachments: # 1 Exhibit A)(Creighton, Sara) (Entered: 03/27/2018)
2018-04-245Consent MOTION for Extension of Time to File Answer re 1 Complaint, by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Haynes, Fred) (Entered: 04/24/2018)
2018-04-24MINUTE ORDER granting 5 Motion for Extension of Time to Answer. Defendants must file a responsive pleading by May 4, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/24/2018. (lcabj2) (Entered: 04/24/2018)
2018-05-046Consent MOTION for Extension of Time to File Answer re 1 Complaint, by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Haynes, Fred) (Entered: 05/04/2018)
2018-05-07MINUTE ORDER granting 6 Motion for Extension of Time to Answer. Defendants' obligation to respond to the pending complaint will be held in abeyance. Plaintiff must file any motion for leave to file an amended complaint, which complies with Local Rules 7(i) and 7(m), by May 21, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/7/2018. (lcabj2) (Entered: 05/07/2018)
2018-05-247ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Haynes, Fred) (Entered: 05/24/2018)
2018-05-258ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of their production of documents to plaintiff, on or before June 22, 2018. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/25/2018. (lcabj2) (Entered: 05/25/2018)
2018-07-02MINUTE ORDER. By minute order on May 25, 2018, the Court called for the filing of a dispositive motion or a report setting forth a schedule for the completion of the production of documents by June 22. Defendants have yet to comply, and they must do so by July 9, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/2/2018. (lcabj2) (Entered: 07/02/2018)
2018-07-099STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 07/09/2018)
2018-07-10MINUTE ORDER. The Court encourages the parties to work together to narrow the scope of the request. A joint status report is due August 15, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/10/2018. (lcabj2) (Entered: 07/10/2018)
2018-08-1510Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 08/15/2018)
2018-08-16MINUTE ORDER. The parties must file a joint status report by September 12, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/16/2018. (lcabj2) (Entered: 08/16/2018)
2018-08-2311MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hart W. Wood, :Firm- American Oversight, :Address- 1030 15th Street NW B-255, Washington, DC 20005. Phone No. - (202) 897-3918. Fax No. - (202) 871-6523 Filing fee $ 100, receipt number 0090-5655554. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Hart W. Wood)(Creighton, Sara) (Entered: 08/23/2018)
2018-08-27MINUTE ORDER granting 11 Motion for Leave of Hart W. Wood to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Since counsel practices in the District of Columbia and is a member of the District of Columbia bar, and this is not the first time he has sought leave to appear pro hac vice, the Court strongly encourages him to take steps to become a member of the bar of this Court as future motions may not be granted. Signed by Judge Amy Berman Jackson on 8/27/18. (DMK) (Entered: 08/27/2018)
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