Skip to content

Case Detail

[Subscribe to updates]
Case TitleTOSH et al v. U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00949
Date Filed2018-04-23
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffERNEST C. TOSH
PlaintiffDAVID T. MARKS
Case DescriptionErnest Tosh and David Marks, attorneys in Texas, submitted FOIA requests to the Centers for Medicare and Medicaid Services following up on their 2017 requests for records concerning minimum data set assessments. In 2018, Tosh and Marks submitted requests for records concerning communications between the agency and third parties pertaining to public disclosure of MDS assessments. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Tosh and Marks filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES
DefendantU.S. 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

2018-04-231COMPLAINT against U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5437906) filed by ERNEST C. TOSH, DAVID T. MARKS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Curran, Patrick) (Entered: 04/23/2018)
2018-04-24Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 04/24/2018)
2018-04-24SUMMONS Not Issued as to U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney, and U.S. Attorney General (zsb) (Entered: 04/24/2018)
2018-04-242STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/24/2018. (lctnm3) (Entered: 04/24/2018)
2018-04-243REQUEST 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: 04/24/2018)
2018-04-254SUMMONS (4) Issued Electronically as to U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (td) (Entered: 04/25/2018)
2018-05-025ERRATA Civil Cover Sheet by DAVID T. MARKS, ERNEST C. TOSH. (Attachments: # 1 Notice of Related Case)(Curran, Patrick) (Entered: 05/02/2018)
2018-05-076NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 05/07/2018)
2018-05-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/07/2018. (Curran, Patrick) (Entered: 05/21/2018)
2018-05-218RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/7/2018. Answer due for ALL FEDERAL DEFENDANTS by 6/6/2018. (Curran, Patrick) (Entered: 05/21/2018)
2018-05-219RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 4/30/2018 (Curran, Patrick) (Entered: 05/21/2018)
2018-05-2110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/4/2018 (Curran, Patrick) (Entered: 05/21/2018)
2018-05-2411MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Taaffe, Damon) (Entered: 05/24/2018)
2018-05-2512ERRATA Notifying Court of Plaintiff's Consent to Motion by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 11 MOTION for Extension of Time to File Answer re 1 Complaint, filed by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Taaffe, Damon) (Entered: 05/25/2018)
2018-05-29MINUTE ORDER granting Defendants' 11 Motion for Extension of Time. Per 12 , Plaintiffs consent to the motion. Defendants' response to the Complaint shall now be due before or on June 11, 2018. Signed by Judge Trevor N. McFadden on 5/25/2018. (lctnm3) (Entered: 05/29/2018)
2018-05-29Set/Reset Deadlines: Defendants' response to the Complaint due by 6/11/2018. (hmc) (Entered: 05/29/2018)
2018-06-1113ANSWER to Complaint by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Taaffe, Damon) (Entered: 06/11/2018)
2018-06-12MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before July 6, 2018. Signed by Judge Trevor N. McFadden on 6/12/2018. (lctnm3) (Entered: 06/12/2018)
2018-06-12Set/Reset Deadlines: Joint Status Report due by 7/6/2018. (tg) (Entered: 06/12/2018)
2018-07-0514Joint STATUS REPORT by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Taaffe, Damon) (Entered: 07/05/2018)
2018-07-05MINUTE ORDER. Upon consideration of the parties' 14 Joint Meet and Confer, it is hereby ORDERED that the parties shall, before or on July 23, 2018, file a joint status report advising the Court on the progress of the parties' discussions and proposing, as necessary, a date for the parties' next joint status report or a briefing schedule for dispositive motions. Signed by Judge Trevor N. McFadden on 7/5/2018. (lctnm3) (Entered: 07/05/2018)
2018-07-06Set/Reset Deadlines: Joint Status Report due by 7/23/2018. (tg) (Entered: 07/06/2018)
2018-07-2315Joint STATUS REPORT by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Taaffe, Damon) (Entered: 07/23/2018)
2018-07-24MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties are directed to submit, on or before August 22, 2018, an update to the Court regarding the status of the parties' efforts to resolve the claims at issue in this case. Signed by Judge Trevor N. McFadden on 7/24/2018. (lctnm3) (Entered: 07/24/2018)
2018-07-24Set/Reset Deadlines: Joint Status Report due by 8/22/2018. (hmc) (Entered: 07/24/2018)
2018-08-2316Joint STATUS REPORT by U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Taaffe, Damon) (Entered: 08/23/2018)
2018-08-27MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further update on or before September 24, 2018, reporting on the status of settlement discussions. Signed by Judge Trevor N. McFadden on 8/27/2018. (lctnm3) (Entered: 08/27/2018)
2018-08-27Set/Reset Deadlines: A further Joint Status Report is due by 9/24/2018. (hmc) (Entered: 08/27/2018)
2018-09-2117Joint STATUS REPORT by DAVID T. MARKS, ERNEST C. TOSH. (Attachments: # 1 Text of Proposed Order)(Curran, Patrick) (Entered: 09/21/2018)
2018-09-24MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that a further update shall be filed on or before November 23, 2018. Signed by Judge Trevor N. McFadden on 9/24/2018. (lctnm3) (Entered: 09/24/2018)
2018-09-24Set/Reset Deadlines: Joint Status Report due by 11/23/2018. (hmc) (Entered: 09/24/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar