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Case TitleTOSH, et al. v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, et al.
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00915
Date Filed2018-04-18
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffERNEST C. TOSH
PlaintiffDAVID T. MARKS
Case DescriptionErnest Tosh and David Marks, two attorneys in Texas, submitted FOIA requests to the Centers for Medicare and Medicaid Services for de-identified records concerning Minimum Data Set assessments that must be filed with CMS by nursing homes. The agency told Tosh that he would have to pay $9,000 in fees to search and produce the records. Tosh paid the fee estimate. Marks was also told that he would be required to pay fees. Both Tosh and Marks filed an administrative appeal of the agency's failure to respond. After hearing nothing further from the agency. Tosh and Marks filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-181COMPLAINT against Ernest C. Tosh, David T. Marks ( Filing fee $ 400 receipt number 0090-5429115) filed by Ernest C. Tosh, David T. Marks. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Curran, Patrick) (Entered: 04/18/2018)
2018-04-202REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by Ernest C. Tosh, David T. Marks. Related document: 1 Complaint, filed by Ernest C. Tosh, David T. Marks.(Curran, Patrick) (Entered: 04/20/2018)
2018-04-233NOTICE of Appearance by Patrick John Curran, Jr on behalf of DAVID T. MARKS, ERNEST C. TOSH (Curran, Patrick) (Entered: 04/23/2018)
2018-04-24Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 04/24/2018)
2018-04-244SUMMONS (4) Issued Electronically as to UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 04/24/2018)
2018-05-025ENTERED IN ERROR. . . . .NOTICE OF RELATED CASE by DAVID T. MARKS, ERNEST C. TOSH. Case related to Case No. 1:18-cv-000949. (Curran, Patrick) Modified on 5/2/2018 (ztd). (Entered: 05/02/2018)
2018-05-02NOTICE OF ERROR re 5 Notice of Related Case; emailed to patcurran@dwt.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please see LCvR 5.1(a) Correspondence and 5.1(d) Form of Documents. (ztd, ) (Entered: 05/02/2018)
2018-05-026NOTICE OF RELATED CASE by DAVID T. MARKS, ERNEST C. TOSH. Case related to Case No. 1:18-cv-000949. (Curran, Patrick) (Entered: 05/02/2018)
2018-05-077NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 05/07/2018)
2018-05-098ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 4/27/2018. Answer due for ALL D.C. DEFENDANTS by 5/18/2018. (Attachments: # 1 Exhibit A)(Curran, Patrick) Modified on 5/10/2018 (zrdj). (Entered: 05/09/2018)
2018-05-099RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/7/2018 (Attachments: # 1 Exhibit A)(Curran, Patrick) (Entered: 05/09/2018)
2018-05-0910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/27/2018. (Attachments: # 1 Exhibit A)(Curran, Patrick) (Entered: 05/09/2018)
2018-05-0911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES served on 4/26/2018 (Attachments: # 1 Exhibit A)(Curran, Patrick) (Entered: 05/09/2018)
2018-05-10NOTICE OF CORRECTED DOCKET ENTRY: re 8 Summons Returned Executed as to DC Attorney General, was entered in error at the request of counsel. (zrdj) (Entered: 05/10/2018)
2018-05-1012RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/27/2018. (Attachments: # 1 Exhibit A)(Curran, Patrick) (Entered: 05/10/2018)
2018-05-2413MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Taaffe, Damon) (Entered: 05/24/2018)
2018-05-2514ERRATA Notifying Court of Plaintiff's Consent to Motion by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES 13 MOTION for Extension of Time to File Answer re 1 Complaint, filed by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Taaffe, Damon) (Entered: 05/25/2018)
2018-05-25MINUTE ORDER: Granting 13 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by June 11, 2018. Going forward, a party shall confer, as required by Local Civil Rule 7(m), at least 48 hours prior to filing a non dispostive motion. Signed by Judge Tanya S. Chutkan on 5/25/18. (DJS) (Entered: 05/25/2018)
2018-05-25Set/Reset Deadlines: Answer due by 6/11/2018. (tb) (Entered: 05/25/2018)
2018-06-1115MOTION to Sever by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Taaffe, Damon) (Entered: 06/11/2018)
2018-06-2016RESPONSE re 15 MOTION to Sever filed by DAVID T. MARKS, ERNEST C. TOSH. (Attachments: # 1 Exhibit, # 2 Affidavit)(Curran, Patrick) (Entered: 06/20/2018)
2018-08-2217Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Taaffe, Damon) (Entered: 08/22/2018)
2018-08-24MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall file another joint report and proposed order by September 21, 2018. Signed by Judge Tanya S. Chutkan on 8/24/18. (DJS) (Entered: 08/24/2018)
2018-08-24Set/Reset Deadlines: Joint Status Report and Proposed Order are due by 9/21/2018. (jth) (Entered: 08/26/2018)
2018-09-2118Joint STATUS REPORT by DAVID T. MARKS, ERNEST C. TOSH. (Attachments: # 1 Text of Proposed Order)(Curran, Patrick) (Entered: 09/21/2018)
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by FOIA Project Staff
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