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Case TitleGERTNER v. CENTERS FOR MEDICARE AND MEDICAID SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01994
Date Filed2018-08-24
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffALEX K. GERTNER
Case DescriptionAlex Gertner submitted a FOIA request to the Centers for Medicare and Medicaid Services for the agency's Medicaid State Drug Utilization Data. The agency acknowledged his request and initially told Gertner that the data was only available from the states. Gertner told the agency that its website expressly indicated that the agency had the data he requested. The agency ultimately denied the data on the basis of Exemption 6 (invasion of privacy). Gertner filed an administrative appeal of the decision, but after hearing nothing further from the agency, Gertner filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-241COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES ( Filing fee $ 400 receipt number 0090-5657253) filed by ALEX K. GERTNER. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 08/24/2018)
2018-08-242REQUEST FOR SUMMONS TO ISSUE (3) filed by ALEX K GERTNER.(Stotter, Daniel) (Entered: 08/24/2018)
2018-08-24Case Assigned to Judge James E. Boasberg. (zmd) (Entered: 08/27/2018)
2018-08-283SUMMONS (3) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 08/28/2018)
2018-09-124NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 09/12/2018)
2018-10-015NOTICE of Appearance by C. Peter Sorenson on behalf of All Plaintiffs (Sorenson, C.) (Entered: 10/01/2018)
2018-10-026Consent MOTION for Extension of Time to File Answer by CENTERS FOR MEDICARE AND MEDICAID SERVICES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/02/2018)
2018-10-03MINUTE ORDER GRANTING Consent 6 Motion for Extension of Time. The Court ORDERS that Defendant shall file its response to the Complaint on or before October 18, 2018. So ORDERED by Judge James E. Boasberg on 10/3/2018. (lcjeb1) (Entered: 10/03/2018)
2018-10-03Set/Reset Deadlines: Responses due by 10/18/2018. (znbn) (Entered: 10/03/2018)
2018-10-187ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES.(Walker, Johnny) (Entered: 10/18/2018)
2018-10-18MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a joint proposed briefing schedule by November 1, 2018. So ORDERED by Judge James E. Boasberg on 10/18/2018. (lcjeb1) (Entered: 10/18/2018)
2018-10-18Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/1/2018. (znbn) (Entered: 10/19/2018)
2018-11-018Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Walker, Johnny) (Entered: 11/01/2018)
2018-11-01MINUTE ORDER ADOPTING the parties' 8 Joint Status Report. The Court ORDERS that the parties shall file a further Joint Status Report on or before December 3, 2018. So ORDERED by Judge James E. Boasberg on 11/1/2018. (lcjeb1) (Entered: 11/01/2018)
2018-11-01Set/Reset Deadlines: Joint Status Report due by 12/3/2018. (znbn) (Entered: 11/01/2018)
2018-12-039Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Walker, Johnny) (Entered: 12/03/2018)
2018-12-03MINUTE ORDER ADOPTING the parties' 9 Joint Status Report. The Court ORDERS that the parties shall file a further Joint Status Report on or before February 1, 2019. So ORDERED by Judge James E. Boasberg on 12/3/2018. (lcjeb1) (Entered: 12/03/2018)
2018-12-03Set/Reset Deadlines: Joint Status Report due by 2/1/2019. (znbn) (Entered: 12/06/2018)
2019-01-0910NOTICE of Appearance by Sean Terrell Malone on behalf of ALEX K. GERTNER (Malone, Sean) (Entered: 01/09/2019)
2019-02-0111Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Walker, Johnny) (Entered: 02/01/2019)
2019-02-04MINUTE ORDER ADOPTING the parties' 11 Joint Status Report. The Court ORDERS that the parties shall file a further Joint Status Report on or before March 4, 2019. So ORDERED by Judge James E. Boasberg on 2/4/2019. (lcjeb1) (Entered: 02/04/2019)
2019-02-04Set/Reset Deadlines: Joint Status Report due by 3/4/2019. (znbn) (Entered: 02/04/2019)
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by FOIA Project Staff
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