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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)
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by FOIA Project Staff