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Case TitleNational Public Radio, Inc. et al v. Centers for Medicare and Medicaid Services et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2019cv08872
Date Filed2019-10-15
Date ClosedOpen
JudgeJudge Dale S. Fischer
PlaintiffNational Public Radio, Inc.
PlaintiffIna Jaffe
Case DescriptionNational Public Radio reporter Ina Jaffe submitted four FOIA requests to the Centers for Medicare and Medicaid Services for records concerning as CMS memo pertaining to 1,500 nursing homes that have not improved their antipsychotic medication utilization rates. Jaffe also requested a fee waiver for all four of her requests. The agency acknowledged receipt of the requests. In response to Jaffe's first request, the agency indicated that it had found no responsive records. Jaffe filed an administrative appeal of the no records decision. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, Jaffe and NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCenters 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
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-151COMPLAINT Receipt No: 0973-24610349 - Fee: $400, filed by Plaintiffs National Public Radio, Inc., Ina Jaffe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Attorney Thomas Rohlfs Burke added to party Ina Jaffe(pty:pla), Attorney Thomas Rohlfs Burke added to party National Public Radio, Inc.(pty:pla))(Burke, Thomas) (Entered: 10/15/2019)
2019-10-152CIVIL COVER SHEET filed by Plaintiffs Ina Jaffe, National Public Radio, Inc.. (Burke, Thomas) (Entered: 10/15/2019)
2019-10-153Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Ina Jaffe, National Public Radio, Inc.. (Burke, Thomas) (Entered: 10/15/2019)
2019-10-164NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge John E. McDermott. (jtil) (Entered: 10/16/2019)
2019-10-165NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 10/16/2019)
2019-10-16660 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services. (jtil) (Entered: 10/16/2019)
2019-10-167NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (jtil) (Entered: 10/16/2019)
2019-10-168NOTICE of Interested Parties filed by Plaintiffs Ina Jaffe, National Public Radio, Inc., (Burke, Thomas) (Entered: 10/16/2019)
2019-10-169CORPORATE DISCLOSURE STATEMENT filed by Plaintiff National Public Radio, Inc. (Burke, Thomas) (Entered: 10/16/2019)
2019-10-1810STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (jre) (Entered: 10/18/2019)
2019-10-2111NOTICE of Appearance filed by attorney Kelly Michelle Gorton on behalf of Plaintiffs Ina Jaffe, National Public Radio, Inc. (Attorney Kelly Michelle Gorton added to party Ina Jaffe(pty:pla), Attorney Kelly Michelle Gorton added to party National Public Radio, Inc.(pty:pla))(Gorton, Kelly) (Entered: 10/21/2019)
2019-10-2812Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Ina Jaffe, National Public Radio, Inc.. (Burke, Thomas) (Entered: 10/28/2019)
2019-10-2913NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 12 . The following error(s) was found: Summons is not directed to the defendant(s). The defendant's name must appear in the "To:" section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jp) (Entered: 10/29/2019)
2019-10-3014Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Ina Jaffe, National Public Radio, Inc.. (Burke, Thomas) (Entered: 10/30/2019)
2019-11-011560 DAYS Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services. (jp) (Entered: 11/01/2019)
2019-11-1816PROOF OF SERVICE Executed by Plaintiff National Public Radio, Inc., Ina Jaffe, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Kathy Terry, Agent for Service. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Centers for Medicare and Medicaid Services and Department of Health and Human Services. Service was executed in compliance with statute not specified. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Attachments: # 1 Proof of Service as to CMS, # 2 Affidavit of Service as to HHS, # 3 Proof of Service as to HHS)(Burke, Thomas) (Entered: 11/18/2019)
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by FOIA Project Staff
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