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Case TitleSIDLEY AUSTIN (DC) LLP v. CENTERS FOR MEDICARE & MEDICAID SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01871
Date Filed2020-07-10
Date Closed2023-01-09
JudgeJudge Reggie B. Walton
PlaintiffSIDLEY AUSTIN (DC) LLP
Case DescriptionThe law firm of Sidley Austin submitted three FOIA requests to the Centers for Medicare and Medicaid Services for records concerning the agency's proposed rule on Medicare Advantage programs. The agency acknowledged receipt of the requests but after hearing nothing further from the agency concerning the processing of the requests, Sidley Austin filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

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

2020-07-101COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES ( Filing fee $ 400 receipt number ADCDC-7325109) filed by SIDLEY AUSTIN (DC) LLP. (Attachments: # 1 Declaration of Sean C. Griffin, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Exhibit 1 to Complaint, # 5 Exhibit 2 to Complaint, # 6 Exhibit 3 to Complaint, # 7 Exhibit 4 to Complaint, # 8 Exhibit 5 to Complaint, # 9 Exhibit 6 to Complaint, # 10 Exhibit 7 to Complaint, # 11 Exhibit 8 to Complaint, # 12 Exhibit 9 to Complaint, # 13 Exhibit 10 to Complaint, # 14 Exhibit 11 to Complaint, # 15 Exhibit 12 to Complaint, # 16 Exhibit 13 to Complaint, # 17 Civil Cover Sheet, # 18 Summons 1, # 19 Summons 2, # 20 Summons 3)(Sarraille, William) (Entered: 07/10/2020)
2020-07-13Case Assigned to Judge Reggie B. Walton. (adh, ) (Entered: 07/13/2020)
2020-07-132SUMMONS (3) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/13/2020)
2020-07-303NOTICE of Appearance by Kathleene A. Molen on behalf of CENTERS FOR MEDICARE & MEDICAID SERVICES (Molen, Kathleene) (Entered: 07/30/2020)
2020-08-034ENTERED IN ERROR.....NOTICE of Filing Proof of Service by SIDLEY AUSTIN (DC) LLP (Attachments: # 1 Declaration of A. Michaela Kabat, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Sarraille, William); Modified on 8/3/2020 (ztth). (Entered: 08/03/2020)
2020-08-03NOTICE OF ERROR re 4 Notice (Other); emailed to wsarraille@sidley.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. The correct events can be found under Service of Process. (ztth, ) (Entered: 08/03/2020)
2020-08-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/20/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 8/19/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/20/20., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 7/20/2020 (Attachments: # 1 Declaration of Michaela Kabat, # 2 Exhibit A - Certified Mail Receipt for US Attorney for the District of Columbia, # 3 Exhibit B - Certified Mail Receipt for US Attorney General, # 4 Exhibit C - Certified Mail Receipt for Centers for Medicare & Medicaid Services)(Sarraille, William) (Entered: 08/04/2020)
2020-08-196GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on August 19, 2020. (lcrbw1) (Entered: 08/19/2020)
2020-08-197ANSWER to Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES.(Molen, Kathleene) (Entered: 08/19/2020)
2020-08-19MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that, on or before September 16, 2020, the parties shall file a joint proposed schedule governing further proceedings in this case. Signed by Judge Reggie B. Walton on August 19, 2020. (lcrbw1) (Entered: 08/19/2020)
2020-08-20Set/Reset Deadlines: Joint proposed schedule due by 9/16/2020. (hs) (Entered: 08/20/2020)
2020-08-228NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of CENTERS FOR MEDICARE & MEDICAID SERVICES Substituting for attorney Kathleene A. Molen (Carilli, Joseph) (Entered: 08/22/2020)
2020-09-029NOTICE of Appearance by Kyle J. Fiet on behalf of SIDLEY AUSTIN (DC) LLP (Fiet, Kyle) (Entered: 09/02/2020)
2020-09-1610NOTICE OF SUBSTITUTION OF COUNSEL by James O. Bickford on behalf of CENTERS FOR MEDICARE & MEDICAID SERVICES Substituting for attorney Joseph F. Carrilli, Jr. (Bickford, James) (Entered: 09/16/2020)
2020-09-1611Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Bickford, James) (Entered: 09/16/2020)
2020-09-18MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, and for good cause shown, it is hereby ORDERED that the parties shall submit a joint status report on or before October 16, 2020, regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on September 18, 2020. (lcrbw1) (Entered: 09/18/2020)
2020-09-22Set/Reset Deadlines: Joint Status Report due by 10/16/2020 (hs) (Entered: 09/22/2020)
2020-10-1612Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Bickford, James) (Entered: 10/16/2020)
2020-10-21MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that, on or before November 16, 2020, the parties shall file an additional joint status report regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on October 21, 2020. (lcrbw1) (Entered: 10/21/2020)
2020-10-21Set/Reset Deadlines: Joint Status Report due by 11/16/2020 (hs) (Entered: 10/21/2020)
2020-11-1613Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Bickford, James) (Entered: 11/16/2020)
2020-11-18MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that, on November 24, 2020, at 2:00 p.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on November 18, 2020. (lcrbw1) (Entered: 11/18/2020)
2020-11-18Set/Reset Hearings: Status Conference set for 11/24/2020 at 02:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 11/18/2020)
2020-11-2014NOTICE of Appearance by Sean Christopher Griffin on behalf of SIDLEY AUSTIN (DC) LLP (Griffin, Sean) (Entered: 11/20/2020)
2020-11-24Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 11/24/2020. Status Report due by 1/6/2021. Status Conference set for 1/8/2021 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 11/24/2020)
2020-11-2415ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before January 6, 2021, the government shall file a status report advising the Court as to (1) the status of its searches regarding the plaintiff's five prioritized requests, including whether it has determined that there are no responsive records for any of the prioritized requests, and (2) the status of productions to the plaintiffs of records responsive to the plaintiff's prioritized requests, including anticipated dates for any future production. It is further ORDERED that the parties shall appear before the Court for a status conference on January 8, 2021, at 9:00 a.m., via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on November 24, 2020. (lcrbw1) (Entered: 11/24/2020)
2021-01-0616STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Bickford, James) (Entered: 01/06/2021)
2021-01-0617Consent MOTION to Continue Status Conference by SIDLEY AUSTIN (DC) LLP (Attachments: # 1 Text of Proposed Order)(Sarraille, William) (Entered: 01/06/2021)
2021-01-06MINUTE ORDER. Upon consideration of the 17 Plaintiff's Consent Motion to Reschedule Status Conference, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference currently scheduled for January 8, 2021, via teleconference, is CONTINUED to January 26, 2021, at 2:00 p.m. Signed by Judge Reggie B. Walton on January 6, 2021. (lcrbw1) (Entered: 01/06/2021)
2021-01-06Set/Reset Hearings: Status Conference set for 1/26/2021 at 2:00 PM via teleconference before Judge Reggie B. Walton. (zgdf) (Entered: 01/06/2021)
2021-01-2618ORDER. In accordance with the attached Order, it is hereby ORDERED that the parties shall appear before the Court for a status conference on February 23, 2021, at 10:00 a.m., via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on January 26, 2021. (lcrbw1) (Entered: 01/26/2021)
2021-01-26Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 1/26/2021. Status Conference set for 2/23/2021 at 10:00 AM in Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (zgdf) (Entered: 02/01/2021)
2021-02-23Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/23/2021. (Court Reporter Cathryn Jones.) (hs) (Entered: 02/23/2021)
2021-02-2319ORDER. In accordance with the attached Order, it is hereby ORDERED that on or before March 5, 2021, the parties shall file a joint proposed briefing schedule governing the filing of dispositive motions. Signed by Judge Reggie B. Walton on February 23, 2021. (lcrbw1) (Entered: 02/23/2021)
2021-02-23Set/Reset Deadlines: Joint Status Report due by 3/5/2021 (hs) (Entered: 02/23/2021)
2021-03-0520Joint MOTION for Extension of Time to File Joint Status Report by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 03/05/2021)
2021-03-08MINUTE ORDER. Upon consideration of the parties' 20 Joint Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that, on or before March 9, 2021, the parties shall file a joint status report regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on March 8, 2021. (lcrbw1) (Entered: 03/08/2021)
2021-03-0921Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Bickford, James) (Entered: 03/09/2021)
2021-03-17MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that, on March 23, 2021, at 11:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on March 17, 2021. (lcrbw1) (Entered: 03/17/2021)
2021-03-17Set/Reset Hearings: Status Conference set for 3/23/2021 at 11:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 03/17/2021)
2021-03-23Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 3/23/2021. Status Conference set for 5/13/2021 at 01:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 03/23/2021)
2021-03-2322ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before May 12, 2021, (1) the defendant shall provide to the plaintiff a list of the searches that were conducted in response to the plaintiff's five prioritized Freedom of Information Act ("FOIA") requests and (2) the parties shall meet and confer regarding the list. It is further ORDERED that, on May 13, 2021, at 1:00 p.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on March 23, 2021. (lcrbw1) (Entered: 03/23/2021)
2021-05-13Minute Entry for proceedings held before Judge Reggie B. Walton: A joint proposed schedule shall be submitted by 5/24/2021.Status Conference held on 5/13/2021. (Court Reporter Elizabeth Saint-Loft) (hs) (Entered: 05/13/2021)
2021-05-1423ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before May 24, 2021, the parties shall file a joint proposed briefing schedule for cross-motions for summary judgment regarding whether the documents that are in the possession of the third-party contractor are subject to the Freedom of Information Act. Signed by Judge Reggie B. Walton on May 14, 2021. (lcrbw1) (Entered: 05/14/2021)
2021-05-17Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/24/2021 (hs) (Entered: 05/17/2021)
2021-05-2424PROPOSED BRIEFING SCHEDULE (Filed Jointly) by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Bickford, James) (Entered: 05/24/2021)
2021-05-2625ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before July 9, 2021, the defendant shall file its motion for partial summary judgment. It is further ORDERED that, on or before July 30, 2021, the plaintiff shall file its cross-motion for partial summary judgment and opposition to the defendant's motion. It is further ORDERED that, on or before August 20, 2021, the defendant shall file its opposition to the plaintiff's cross-motion and reply in support of its motion. It is further ORDERED that, on or before September 10, 2021, the plaintiff shall file its reply in support of its cross-motion. It is further ORDERED that, on December 3, 2021, at 10:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the resolution of the defendant's motion for partial summary judgment and the plaintiff's cross-motion for partial summary judgment. In the event that the Court is unable to resolve the motions by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on May 26, 2021. (lcrbw1) (Entered: 05/26/2021)
2021-05-26Set/Reset Deadlines/Hearings: Status Conference set for 12/3/2021 at 10:00 AM by Telephonic/VTC before Judge Reggie B. Walton. Cross Motions due by 7/30/2021. Response to Cross Motions due by 8/20/2021. Summary Judgment motions due by 7/9/2021. Response to Motion for Summary Judgment due by 7/30/2021. Reply to Motion for Summary Judgment due by 8/20/2021. (hs) (Entered: 05/26/2021)
2021-07-0926STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Bickford, James) (Entered: 07/09/2021)
2021-07-13MINUTE ORDER. Upon consideration of the defendant's 26 Status Report, it is hereby ORDERED that, on July 27, 2021, at 11:30 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on July 13, 2021. (lcrbw1) (Entered: 07/13/2021)
2021-07-14Set/Reset Hearings: Status Conference set for 7/27/2021 at 11:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 07/14/2021)
2021-07-2327RESPONSE re 26 Status Report filed by SIDLEY AUSTIN (DC) LLP. (Attachments: # 1 Exhibit A-D)(Griffin, Sean) (Entered: 07/23/2021)
2021-07-26MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the status conference currently scheduled for July 27, 2021, at 11:30 a.m., is CONTINUED to July 27, 2021, at 12:30 p.m. The parties shall appear before the Court via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on July 26, 2021. (lcrbw1) (Entered: 07/26/2021)
2021-07-26Set/Reset Hearings: Status Conference reset for 7/27/2021 at 12:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 07/26/2021)
2021-07-27Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 7/27/2021. Status Conference continued for 8/5/2021 at 02:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Lisa Bankins) (hs) (Entered: 07/27/2021)
2021-07-2928ORDER. In accordance with the attached ORDER, it is hereby ORDERED that, on or before August 3, 2021, the parties shall meet and confer regarding a joint proposed schedule governing the processing and production of records responsive to the plaintiff's five prioritized requests. It is further ORDERED that, on or before August 3, 2021, at 5:00 p.m., the parties shall submit to the Court in writing a joint proposed schedule governing the processing and production of records responsive to the plaintiff's five prioritized requests. It is further ORDERED that, on August 5, 2021, at 2:00 p.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on July 29, 2021. (lcrbw1) (Entered: 07/29/2021)
2021-08-03MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the status conference currently scheduled for August 5, 2021, at 2:00 p.m., is CONTINUED to August 6, 2021, at 12:00 p.m. The parties shall appear before the Court via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on August 3, 2021. (lcrbw1) (Entered: 08/03/2021)
2021-08-03Set/Reset Hearings: Status Conference reset for 8/6/2021 at 12:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 08/03/2021)
2021-08-0329Joint STATUS REPORT by SIDLEY AUSTIN (DC) LLP. (Griffin, Sean) (Entered: 08/03/2021)
2021-08-06Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 8/6/2021. Written order will issue via Chambers. Status Conference set for 9/14/2021 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Lisa Edwards) (hs) (Entered: 08/06/2021)
2021-08-1030ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before August 30, 2021, the defendant shall produce to the plaintiff any non-exempt portions of records responsive to the plaintiff's first prioritized request. It is further ORDERED that, on or before August 30, 2021, the defendant shall acquire possession of the records from the third-party contractor referred to in the defendant's 26 Status Report that are responsive to the plaintiff's second and third prioritized requests. It is further ORDERED that, on or before August 30, 2021, the defendant shall complete its searches for records responsive to the plaintiff's fourth prioritized request. It is further ORDERED that, on or before September 14, 2021, the parties shall meet and confer regarding the adequacy of the defendant's search in response to the plaintiff's fifth prioritized request. It is further ORDERED that, on September 14, 2021, at 9:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). The defendant shall be prepared to advise the Court as to the expected timeline for the processing and production of (1) the records responsive to the plaintiff's second and third prioritized requests; and (2) the records responsive to the plaintiff's fourth prioritized request. In the event that the defendant has not yet acquired possession of the documents responsive to the plaintiff's second and third prioritized requests by the hearing, an agency representative shall be present at the hearing and prepared to advise the Court as to why the records have not yet been acquired. Signed by Judge Reggie B. Walton on August 10, 2021. (lcrbw1) (Entered: 08/10/2021)
2021-09-14Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 9/14/2021. A joint Status Report is due by 10/15/2021) (Court Reporter Cathryn Jones) (hs) (Entered: 09/14/2021)
2021-09-1531ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before October 15, 2021, the parties shall file a joint status report regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on September 15, 2021. (lcrbw1) (Entered: 09/15/2021)
2021-10-1532Joint STATUS REPORT by SIDLEY AUSTIN (DC) LLP. (Fiet, Kyle) (Entered: 10/15/2021)
2021-10-18MINUTE ORDER. Upon consideration of the parties' 32 Joint Status Report, it is hereby ORDERED that, on October 29, 2021, at 10:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on October 18, 2021. Signed by Judge Reggie B. Walton on October 18, 2021. (lcrbw1) (Entered: 10/18/2021)
2021-10-18Set/Reset Hearings: Status Conference set for 10/29/2021 at 10:00 AM in by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 10/18/2021)
2021-10-29Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference continued. Counsel for the Defendant failed to attend the hearing. A Show Cause Order will issue forthwith. Status Conference reset for 11/3/2021 at 11:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 10/29/2021)
2021-10-2933VACATED PURSANT TO ORDER FILED 10/31/2021.....ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before November 3, 2021, the defendant's counsel shall SHOW CAUSE in writing as to why he failed to appear at the October 29, 2021 status conference. It is further ORDERED that the status conference previously scheduled for October 29, 2021, is CONTINUED to November 3, 2021, at 11:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on October 29, 2021. (lcrbw1) Modified on 11/3/2021 (znmw). (Entered: 10/29/2021)
2021-10-31Set/Reset Deadlines: Written Response to Show Cause Order due by 11/3/2021. (hs) (Entered: 10/31/2021)
2021-11-0234RESPONSE TO ORDER TO SHOW CAUSE by CENTERS FOR MEDICARE & MEDICAID SERVICES re 33 Order,, filed by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Bickford, James) (Entered: 11/02/2021)
2021-11-03Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 11/3/2021. Show Cause Order Issued on 10/29/2021 is VACATED. A written order will issue from chambers. Status Conference set for 12/17/2021 at 11:00 AM by Telephone/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (adh) (Entered: 11/03/2021)
2021-11-0335ORDER. In accordance with the attached Order, it is hereby ORDERED that the Court's 33 October 29, 2021 Order to Show Cause is VACATED. It is further ORDERED that, on or before December 3, 2021, the defendant shall submit to the Court an affidavit indicating (1) the number of documents responsive to the plaintiff's fourth prioritized request; (2) the number of other Freedom of Information Act ("FOIA") requests currently being processed by the defendant; (3) the relative priority of the plaintiff's FOIA request in comparison to the other FOIA requests currently being processed by the defendant, in terms of the date of submission of the FOIA request and the date on which litigation commenced regarding the request; (4) the defendant's estimate of the number of documents responsive to the plaintiff's fourth prioritized request that it can process each month, in light of its workload and staffing; (5) the status of the defendant's processing of the five remaining files responsive to the plaintiff's second and third prioritized requests; and (6) in the event that the defendant has not completed its processing of the five remaining files responsive to the plaintiff's second and third prioritized requests, the defendant's estimate of the additional time that it will need to process those files. It is further ORDERED that, on or before December 10, 2021, the plaintiff shall file its response, if any, to the defendant's filing. It is further ORDERED that, on December 17, 2021, at 11:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on November 3, 2021. (lcrbw1) (Entered: 11/03/2021)
2021-11-04Set/Reset Deadlines: Defendants Affidavit due by 12/3/2021. Plaintiffs Response due by 12/17/2021. (adh) (Entered: 11/04/2021)
2021-12-01MINUTE ORDER. In light of the vacatur of the briefing schedule for cross-motions for partial summary judgment set forth in the Court's May 26, 2021 25 Order, it is hereby ORDERED that the status conference originally scheduled for December 3, 2021, as a target date for the resolution of the cross-motions is VACATED. Signed by Judge Reggie B. Walton on December 1, 2021. (lcrbw1) (Entered: 12/01/2021)
2021-12-0236Consent MOTION for Extension of Time to File Affidavit and Supporting Brief by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 12/02/2021)
2021-12-03MINUTE ORDER. Upon consideration of the defendant's 36 Consent Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before December 8, 2021, the defendant shall file the affidavit referred to in the Court's November 3, 2021 35 Order. It is further ORDERED that, on or before December 15, 2021, the plaintiff shall file its response, if any, to the defendant's filing. Signed by Judge Reggie B. Walton on December 3, 2021. (lcrbw1) (Entered: 12/03/2021)
2021-12-03Set/Reset Deadlines: Defendant's Affidavit due by 12/8/2021. Plaintiff's Response due by 12/15/2021. (adh, ) (Entered: 12/03/2021)
2021-12-0737NOTICE of Appearance by Michael Leon Drezner on behalf of CENTERS FOR MEDICARE & MEDICAID SERVICES (Drezner, Michael) (Entered: 12/07/2021)
2021-12-0838DECLARATION and Brief in Support of Proposed Processing Rate by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 Declaration)(Drezner, Michael) (Entered: 12/08/2021)
2021-12-1539RESPONSE re 38 Declaration and Defendants Brief in Support of Proposed Processing Rate filed by SIDLEY AUSTIN (DC) LLP. (Griffin, Sean) (Entered: 12/15/2021)
2021-12-17MINUTE ORDER. Due to a change in the Court's schedule, it is hereby ORDERED that the status conference currently scheduled for December 17, 2021, is CONTINUED to January 5, 2022, at 11:00 a.m. The parties shall appear before the Court via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on December 17, 2021. (lcrbw1) (Entered: 12/17/2021)
2021-12-17Set/Reset Hearings: Status Conference reset for 1/5/2022 at 11:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh) (Entered: 12/17/2021)
2022-01-05Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 1/5/2022. Status Conference continued for 1/13/2022 at 11:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (adh, ) (Entered: 01/05/2022)
2022-01-0640ORDER. In accordance with the attached Order, it is hereby ORDERED that, on January 13, 2022, at 11:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on January 6, 2022. (lcrbw1) (Entered: 01/06/2022)
2022-01-06Set/Reset Hearings: Status Conference set for 1/13/2022 at 11:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh, ) (Entered: 01/06/2022)
2022-01-13Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 1/13/2022. Status Conference set for 4/26/2022 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones.) (adh, ) (Entered: 01/13/2022)
2022-01-1441ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before April 18, 2022, the defendant shall complete a review for responsiveness of the records it has retrieved in its searches in response to the plaintiff's fourth prioritized request. It is further ORDERED that the parties shall submit a joint status report every 45 days regarding how they wish to proceed in this case. It is further ORDERED that, on April 26, 2022, at 9:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on January 14, 2022. (lcrbw1) (Entered: 01/14/2022)
2022-01-18Set/Reset Deadlines/Hearings: Defendant's review for responsiveness of the records due by 4/18/2022. Status Conference set for 4/26/2022 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh, ) (Entered: 01/18/2022)
2022-02-2842Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Drezner, Michael) (Entered: 02/28/2022)
2022-04-1443Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Drezner, Michael) (Entered: 04/14/2022)
2022-04-26Minute Entry for proceedings held before Judge Reggie B. Walton: Telephonic Status Conference held on 4/26/2022. Parties directed to submit a Joint Status Report by 5/30/2022, and every 30 days thereafter. (Court Reporter Cathryn Jones.) (ztg) (Entered: 04/26/2022)
2022-04-2744ORDER. In accordance with the attached Order, it is hereby ORDERED that, until otherwise ordered by the Court, the defendant shall, on a monthly basis, process at least five hundred (500) pages of the records responsive to the plaintiff's fourth prioritized request (unless fewer than five hundred (500) pages remain, in which case the remaining balance shall be processed) and produce to the plaintiff the non-exempt portions of these records, beginning on or before June 1, 2022, and thereafter on the first day of every month (or on the next business day if the first is not a business day or is a holiday) until production of the non-exempt portions of these records has been completed. It is further ORDERED that, on or before May 30, 2022, and every 30 days thereafter, the parties shall submit a joint status report regarding the status of the defendant's processing of the remaining records. Signed by Judge Reggie B. Walton on April 27, 2022. (lcrbw1) (Entered: 04/27/2022)
2022-04-28Set/Reset Deadlines/Hearings: Joint Status Report due by 5/30/2022. (zcdw) (Entered: 04/28/2022)
2022-05-2745Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Drezner, Michael) (Entered: 05/27/2022)
2022-06-2946Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Drezner, Michael) (Entered: 06/29/2022)
2022-07-2947Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Drezner, Michael) (Entered: 07/29/2022)
2022-08-2948Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Drezner, Michael) (Entered: 08/29/2022)
2022-09-2849Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Drezner, Michael) (Entered: 09/28/2022)
2022-10-2850Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Drezner, Michael) (Entered: 10/28/2022)
2022-11-2851Joint STATUS REPORT by SIDLEY AUSTIN (DC) LLP. (Griffin, Sean) (Entered: 11/28/2022)
2022-12-21MINUTE ORDER. In consideration of the parties' 51 Joint Status Report, and the parties' request for the Court to schedule a status conference, it is hereby ORDERED that, on January 13, 2023, at 9:30 a.m., the parties shall appear for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on December 21, 2022. (lcrbw1) (Entered: 12/21/2022)
2022-12-22Set/Reset Hearings: Status Conference set for 1/13/2023 at 9:30 AM Via Teleconference before Judge Reggie B. Walton. (mac) (Entered: 12/22/2022)
2023-01-0652STIPULATION of Dismissal by SIDLEY AUSTIN (DC) LLP. (Griffin, Sean) (Entered: 01/06/2023)
2023-01-09MINUTE ORDER. Upon consideration of the parties 22 Stipulation of Dismissal, it is hereby ORDERED that this case is DISMISSED WITH PREJUDICE. It is further ORDERED that the status conference currently scheduled for January 13, 2023, is VACATED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on January 9, 2023. (lcrbw1) (Entered: 01/09/2023)
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