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Case TitleDEMOCRACY FORWARD FOUNDATION v. CENTERS FOR MEDICARE & MEDICAID SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00635
Date Filed2018-03-20
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning communications between the CMS Director of the Strategic Marketing Group and a number of outside consulting firms. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, DFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCENTERS FOR MEDICARE & 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

2018-03-201COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES ( Filing fee $ 400 receipt number 0090-5380966) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Guzman, Javier) (Entered: 03/20/2018)
2018-03-202LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Guzman, Javier) (Entered: 03/20/2018)
2018-03-20Case Assigned to Judge John D. Bates. (zsth) (Entered: 03/23/2018)
2018-03-233SUMMONS (3) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 03/23/2018)
2018-04-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 3/26/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/26/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/26/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 4/25/2018.) (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 04/02/2018)
2018-04-255ANSWER to Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES.(Simon, Jeremy) (Entered: 04/25/2018)
2018-05-166ORDER directing the parties to propose a briefing schedule. See text of Order for details. Signed by Judge John D. Bates on 5/16/2018. (lcjdb1) (Entered: 05/16/2018)
2018-05-17Set/Reset Deadlines: Proposed Briefing Schedule due by 6/15/2018. (tb) (Entered: 05/17/2018)
2018-06-137Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Simon, Jeremy) (Entered: 06/13/2018)
2018-06-13MINUTE ORDER: Upon consideration of 7 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit another joint status report and, if necessary, a proposed briefing schedule by not later than Thursday, August 23, 2018. Signed by Judge John D. Bates on 6/13/2018. (lcjdb1) (Entered: 06/13/2018)
2018-06-13Set/Reset Deadlines: Joint Status Report due by 8/23/2018. (tb) (Entered: 06/13/2018)
2018-08-218Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Simon, Jeremy) (Entered: 08/21/2018)
2018-08-24MINUTE ORDER: Upon consideration of 8 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit another joint status report and, if necessary, a proposed briefing schedule by not later than Thursday, September 13, 2018. Signed by Judge John D. Bates on 8/24/2018. (lcjdb1) (Entered: 08/24/2018)
2018-08-24Set/Reset Deadlines: Another Joint Status Report and, if necessary, a Proposed Briefing Schedule is due by 9/13/2018. (jth) (Entered: 08/26/2018)
2018-09-139Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Simon, Jeremy) (Entered: 09/13/2018)
2018-09-13MINUTE ORDER: Upon consideration of 9 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit another joint status report and, if necessary, a proposed briefing schedule by not later than Wednesday, November 7, 2018. Signed by Judge John D. Bates on 9/13/2018. (lcjdb1) (Entered: 09/13/2018)
2018-09-14Set/Reset Deadlines: Joint Status Report due by 11/7/2018. (tb) (Entered: 09/14/2018)
2018-11-0110Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Grogg, Adam) (Entered: 11/01/2018)
2018-11-01MINUTE ORDER: Upon consideration of 10 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit another joint status report and, if necessary, a proposed briefing schedule by not later than Monday, November 19, 2018. Signed by Judge John D. Bates on 11/1/18. (lcjdb1) (Entered: 11/01/2018)
2018-11-01Set/Reset Deadlines: Joint Status Report due by 11/19/2018. (dot) (Entered: 11/05/2018)
2018-11-1911Joint STATUS REPORT and Proposed Briefing Schedule by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Simon, Jeremy) (Entered: 11/19/2018)
2018-11-1912SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 11/19/18. (lcjdb1) (Entered: 11/19/2018)
2018-11-20Set/Reset Deadlines: Cross Motion due by 1/14/2019. Response to Cross Motions due by 2/11/2019. Reply to Cross Motion due by 2/25/2019. Summary Judgment motion due by 12/18/2018. Response to Motion for Summary Judgment due by 1/14/2019. Reply to Motion for Summary Judgment due by 2/11/2019. (tb) (Entered: 11/20/2018)
2018-12-1713Consent MOTION for Extension of Time to File Motion for Summary Judgment and for Adjustment of Related Deadlines by CENTERS FOR MEDICARE & MEDICAID SERVICES (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/17/2018)
2018-12-1714ORDER granting 13 defendant's consent motion for extension of time to file. See text of Order for details. Signed by Judge John D. Bates on 12/17/18. (lcjdb1) (Entered: 12/17/2018)
2018-12-19Set/Reset Deadlines: Cross Motion due by 2/12/2019. Response to Cross Motiondue by 3/7/2019. Reply to Cross Motion due by 3/21/2019. Summary Judgment motion due by 1/15/2019. Response to Motion for Summary Judgment due by 2/12/2019. Reply to Motion for Summary Judgment due by 3/7/2019. (tb) (Entered: 12/19/2018)
2019-01-1615Consent MOTION to Stay , Consent MOTION for Extension of Time to Summary Judgment Motion Nunc Pro Tunc by CENTERS FOR MEDICARE & MEDICAID SERVICES (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 01/16/2019)
2019-01-17MINUTE ORDER: Upon consideration of 15 the government's consent motion to stay case and motion for extension of time to file summary judgment motion nunc pro tunc, and the entire record herein, it is hereby ORDERED that the motions are GRANTED; it is further ORDERED that this case is STAYED pending restoration of appropriations to the defendant agency; it is further ORDERED that the parties shall file a joint status report proposing new deadlines by not later than 14 days after appropriations are restored. Signed by Judge John D. Bates on 1/17/19. (lcjdb1) (Entered: 01/17/2019)
2019-02-0716Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Simon, Jeremy) (Entered: 02/07/2019)
2019-02-0717ORDER lifting stay and setting briefing schedule. See text of Order for details. Signed by Judge John D. Bates on 2/7/19. (lcjdb1) (Entered: 02/07/2019)
2019-02-12Set/Reset Deadlines: Cross Motion due by 4/15/2019. Response to Cross Motion due by 5/2/2019. Reply to Cross Motion due by 5/20/2019. Summary Judgment motion due by 3/15/2019. Response to Motion for Summary Judgment due by 4/15/2019. Reply to Motion for Summary Judgment due by 5/2/2019. (tb) (Entered: 02/12/2019)
2019-03-1518MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by CENTERS FOR MEDICARE & MEDICAID SERVICES (Attachments: # 1 Proposed Order, # 2 Declaration of Hugh Gilmore, # 3 Vaughn Index to Gilmore Declaration, # 4 Supplemental Vaughn Index to Gilmore Declaration)(Simon, Jeremy) (Entered: 03/15/2019)
2019-04-0319Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Text of Proposed Order)(Grogg, Adam) (Entered: 04/03/2019)
2019-04-0320ORDER granting 19 consent motion for extension of time to file response/reply. See text of Order for details. Signed by Judge John D. Bates on 4/3/19. (lcjdb1) (Entered: 04/03/2019)
2019-05-0921Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Text of Proposed Order)(Grogg, Adam) (Entered: 05/09/2019)
2019-05-0922ORDER granting 21 plaintiff's consent motion for an extension of filing deadlines. See text of Order for details. Signed by Judge John D. Bates on 5/9/19. (lcjdb1) (Entered: 05/09/2019)
2019-06-0423Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Text of Proposed Order)(Grogg, Adam) (Entered: 06/04/2019)
2019-06-05MINUTE ORDER: Upon consideration of 23 plaintiffs consent motion for extension of time to respond to defendant's motion for summary judgment, and the entire record herein, it is hereby ORDERED that plaintiffs consent motion is GRANTED; and it is further ORDERED that the following schedule shall govern further proceedings: plaintiffs cross-motion for summary judgment and opposition to defendants motion for summary judgment shall be filed by not later than July 1, 2019; defendants reply and opposition shall be filed by not later than July 29, 2019; and plaintiffs reply shall be filed by not later than August 12, 2019. SO ORDERED. Signed by Judge John D. Bates on 6/5/19. (lcjdb1) (Entered: 06/05/2019)
2019-06-07Set/Reset Deadlines: Cross Motion due by 7/1/2019. Response to Cross Motion due by 7/29/2019. Reply to Cross Motion due by 8/12/2019. Response to Motion for Summary Judgment due by 7/1/2019. Reply to Motion for Summary Judgment due by 7/29/2019. (tb) (Entered: 06/07/2019)
2019-06-2824Memorandum in opposition to re 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Statement of Facts, # 4 Text of Proposed Order)(Grogg, Adam) (Entered: 06/28/2019)
2019-06-2825Cross MOTION for Summary Judgment by DEMOCRACY FORWARD FOUNDATION (Grogg, Adam) (Entered: 06/28/2019)
2019-07-2926REPLY to opposition to motion re 18 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 Proposed Order, # 2 Supplemental Declaration of Hugh Gilmore)(Simon, Jeremy) (Entered: 07/29/2019)
2019-07-2927Memorandum in opposition to re 25 Cross MOTION for Summary Judgment (duplicate of docket entry number 26) filed by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 Proposed Order, # 2 Supplemental Declaration of Hugh Gilmore)(Simon, Jeremy) (Entered: 07/29/2019)
2019-08-1228REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment filed by DEMOCRACY FORWARD FOUNDATION. (Grogg, Adam) (Entered: 08/12/2019)
2019-08-1429NOTICE OF SUBSTITUTION OF COUNSEL by Benjamin M. Seel on behalf of DEMOCRACY FORWARD FOUNDATION Substituting for attorney Adam Grogg (Seel, Benjamin) (Entered: 08/14/2019)
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by FOIA Project Staff
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