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Case TitleMARKS v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02538
Date Filed2018-11-02
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffDAVID T. MARKS
Case DescriptionDavid Marks, an attorney who represents nursing home residents, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning non-identifying minimum data sets submitted by nursing homes for individual residents. The agency acknowledged receipt of the request but told Marks that the data was publicly available for a fee from the Research Data Assistance Center. Marks was told by the Data Center that its data could not be used for litigation purposes and that he would need to get the information through FOIA. The FOIA Office agreed to process the request with redactions and Marks agreed to pay fees. However, after hearing nothing further from the agency, Marks filed an administrative appeal. After hearing nothing further pertaining to his administrative appeal, Marks filed suit.
Complaint issues: Litigation - Attorney's fees, Choice of format, Failure to respond within statutory time limit, Public Interest Fee Waiver

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

2018-11-021COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5772305) filed by DAVID T. MARKS. (Attachments: # 1 Civil Cover Sheet)(Braverman, Burt) (Entered: 11/02/2018)
2018-11-022NOTICE OF RELATED CASE by DAVID T. MARKS. Case related to Case No. 18cv915 and 18cv949. (Braverman, Burt) (Entered: 11/02/2018)
2018-11-07Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 11/07/2018)
2018-11-07SUMMONS Not Issued 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 (zsb) (Entered: 11/09/2018)
2018-11-093REQUEST FOR SUMMONS TO ISSUE filed by DAVID T. MARKS.(Curran, Patrick) (Entered: 11/09/2018)
2018-11-094SUMMONS (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 (ztd) (Entered: 11/09/2018)
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by FOIA Project Staff
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