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Case TitlePARRISH v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictWestern District of Pennsylvania
CityPittsburgh
Case Number2:2020cv00537
Date Filed2020-04-14
Date Closed2021-03-15
JudgeJudge David S. Cercone
PlaintiffDEBRA M. PARRISH
Case DescriptionDebra Parrish submitted a FOIA request to the Department of Health and Human Services for records for records concerning a training session conducted by Stanley Osborne, an administrative law judge for the Office of Medicare Hearings and Appeals, before whom Parrish sometimes appeared as an attorney. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Parrish filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-141COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Filing fee, including Administrative fee, $400, receipt number 0315-5559913), filed by DEBRA M. PARRISH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons) (ma) (Entered: 04/15/2020)
2020-04-152Summons Issued as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Summons, # 2 Summons) (ma) (Entered: 04/15/2020)
2020-04-15Update Answer Deadline: Answer due from U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES on 6/15/2020 (ma) (Entered: 04/15/2020)
2020-04-15Update Answer Deadline: Answer deadline terminated for U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (ma) (Entered: 04/15/2020)
2020-04-26IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) (Entered: 04/26/2020)
2020-04-263CERTIFICATE OF SERVICE re 1 Complaint by DEBRA M. PARRISH (Parrish, Debra) Modified text on 5/1/2020. (ma) (Entered: 04/26/2020)
2020-05-01CLERK'S OFFICE QUALITY CONTROL MESSAGE re 3 Certificate of Service. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (ma) (Entered: 05/01/2020)
2020-05-064Corrective Entry re: 3 CERTIFICATE OF SERVICE re 1 Complaint by DEBRA M. PARRISH (Parrish, Debra) Modified text on 5/7/2020. (ma) (Entered: 05/06/2020)
2020-05-065Errata re Quality Control message - No signature s/, Debra M. Parrish by DEBRA M. PARRISH. Reason for Correction: signature on Certificate of Service. (Parrish, Debra) (Entered: 05/06/2020)
2020-05-07CLERK'S OFFICE QUALITY CONTROL MESSAGE re 5 Errata. ERROR: Document 5 duplicates 4 . CORRECTION: Duplicate document No. 5 terminated. These submissions will remain on the docket unless otherwise ordered by the Court. This message is for informational purposes only. (ma) (Entered: 05/07/2020)
2020-05-16FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) (Entered: 05/16/2020)
2020-05-186EXHIBITS Exhibit A - Original FOIA Request in Support of 1 Complaint, by DEBRA M. PARRISH. (Attachments: # 1 Exhibit B - Acknowledgment of Receipt of FOIA Request, # 2 Exhibit C - Status of FOIA Request) (Parrish, Debra) Modified text on 5/19/2020. (ma) (Entered: 05/18/2020)
2020-05-187CERTIFICATE OF SERVICE by DEBRA M. PARRISH re 6 Exhibits in Support (Parrish, Debra) (Entered: 05/18/2020)
2020-05-19CLERK'S OFFICE QUALITY CONTROL MESSAGE re 7 Certificate of Service. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (ma) (Entered: 05/19/2020)
2020-05-208Errata re 7 CERTIFICATE OF SERVICE by DEBRA M. PARRISH. Reason for Correction: Signature. (Parrish, Debra) Modified text on 5/21/2020. (ma) (Entered: 05/20/2020)
2020-05-219ANSWER to 1 Complaint, by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Brown, Jacqueline) (Entered: 05/21/2020)
2020-05-2110MOTION for Entry of Schedule for FOIA Processing and Amended Pleadings by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit 1) (Brown, Jacqueline) (Entered: 05/21/2020)
2020-05-2211ORDER re 10 Motion for Entry of Schedule For FOIA Processing and Amended Pleadings by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. It is ORDERED that the defendant shall comply with the Local Rules and file a proposed order regarding their motion. Signed by Judge David S. Cercone on 5/22/2020. (kly) (Entered: 05/22/2020)
2020-05-2212ORDER Response/Briefing Schedule re 10 Motion for Entry of Schedule for FOIA Processing and Amended Pleadings. Plaintiff's Response to Motion due by 5/29/2020. Signed by Judge David S. Cercone on 5/22/2020. (kly) (Entered: 05/22/2020)
2020-05-2213Proposed Order re 10 Motion for Entry of Schedule for FOIA Processing and Amended Pleadings by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Brown, Jacqueline) Modified on 5/27/2020 (ma). (Entered: 05/22/2020)
2020-05-2914RESPONSE to Motion re 10 MOTION for Entry of Schedule for FOIA Processing and Amended Pleadings filed by DEBRA M. PARRISH. (Attachments: # 1 Certificate of Service) (Parrish, Debra) (Entered: 05/29/2020)
2020-06-0515MOTION for Summary Judgment by DEBRA M. PARRISH. (Attachments: # 1 Memorandum in Support of MSJ, # 2 Appendix, # 3 Exhibit A - FOIA Request, # 4 Exhibit B - Correspondence 12/3/19, # 5 Exhibit C - Correspondence 12/11/19, # 6 Exhibit D - Copy of Materials Produced 5/29/20, # 7 Exhibit E - Materials Produced 6/1/20, # 8 Proposed Order, # 9 Certificate of Service) (Parrish, Debra) Memorandum in Support removed from public view and redocketed at 19 . Modified on 6/10/2020 (ma). (Entered: 06/05/2020)
2020-06-0516CONCISE STATEMENT OF MATERIAL FACTS re 15 Motion for Summary Judgment, by DEBRA M. PARRISH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service) (Parrish, Debra) (Entered: 06/05/2020)
2020-06-0519BRIEF in Support re 15 Motion for Summary Judgment, filed by DEBRA M. PARRISH. (ma) (Entered: 06/10/2020)
2020-06-0917NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jmc) (Entered: 06/09/2020)
2020-06-0918ORDER - Plaintiff's Motion for Summary Judgment 15 is DENIED without prejudice to file at the appropriate time in the litigation, and Defendant's Motion for Entry of Schedule for FOIA Processing and Amended Pleadings 10 is GRANTED as fully set forth in the body of the Order. Signed by Judge David S. Cercone on 6/9/2020. (jmc) (Entered: 06/09/2020)
2020-07-1620NOTICE OF DOCUMENT PRODUCTION by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Brown, Jacqueline) (Entered: 07/16/2020)
2021-03-0121ORDER OF COURT: The parties shall file a Joint Status Report on or before 3/15/2021. Signed by Judge David S. Cercone on 3/1/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly) (Entered: 03/01/2021)
2021-03-1222STIPULATION of Dismissal by DEBRA M. PARRISH. (Parrish, Debra) (Entered: 03/12/2021)
2021-03-1223CERTIFICATE OF SERVICE by DEBRA M. PARRISH re 22 Stipulation of Dismissal (Parrish, Debra) (Entered: 03/12/2021)
2021-03-1524ORDER granting 22 Stipulation of Dismissal filed by DEBRA M. PARRISH. Clerk is to mark CASE CLOSED. Signed by Judge David S. Cercone on 3/15/2021. (kly) (Entered: 03/15/2021)
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