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Case TitleClaussen et al v. Centers for Medicare & Medicaid Services et al
DistrictWestern District of Missouri
CityKansas City
Case Number4:2021cv00124
Date Filed2021-02-26
Date ClosedOpen
JudgeDistrict Judge Fernando J. Gaitan, Jr
PlaintiffDebra Claussen
PlaintiffHerm Claussen
PlaintiffLeland Dempsey
Case DescriptionDebra and Herm Claussen submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning the investigation of their son's death in 2018. They submitted a second request concerning Blue Valley Hospital, where their son died. The agency acknowledged receipt of the requests but only responded to the request pertaining to their son, explaining that third-party data was exempt. The Claussens filed an administrative appeal. After hearing nothing further from the agency, the Claussens filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCenters for Medicare & 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-02-261COMPLAINT against Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services filed by John Eric Weslander on behalf of Debra Claussen, Leland Dempsey, Herm Claussen. Filing fee $402, receipt number AMOWDC-7306127. Service due by 5/27/2021 unless otherwise directed by the court. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Weslander, John) Modified on 2/26/2021 to correct receipt number (Jones, Robin). (Entered: 02/26/2021)
2021-03-012NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS. Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Woods, Gloria) (Entered: 03/01/2021)
2021-03-04SUMMONS ISSUED as to Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services. (Woods, Gloria) (Entered: 03/04/2021)
2021-04-023RETURN OF SERVICE of complaint executed by Debra Claussen, Leland Dempsey, Herm Claussen. Centers for Medicare & Medicaid Services served on 3/4/2021, answer due 5/3/2021. (Weslander, John) (Entered: 04/02/2021)
2021-04-024RETURN OF SERVICE of complaint executed by Debra Claussen, Leland Dempsey, Herm Claussen. U.S. Department of Health and Human Services served on 3/12/2021, answer due 5/11/2021. (Weslander, John) (Entered: 04/02/2021)
2021-04-065Consent MOTION for extension of time to file answer re 1 Complaint,, filed by Jeffrey P. Ray on behalf of Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services. Suggestions in opposition/response due by 4/20/2021 unless otherwise directed by the court. (Related document(s) 1 ) (Attorney Jeffrey P. Ray added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Jeffrey P. Ray added to party U.S. Department of Health and Human Services(pty:dft))(Ray, Jeffrey) (Entered: 04/06/2021)
2021-04-076Before this Court is 5 UNOPPOSED MOTION TO ENLARGE DEFENDANTS' TIME TO ANSWER COMPLAINT. Consent being stated the motion is granted. Defendants shall file their answer on or before April 21, 2021. Signed on 4/7/21 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 04/07/2021)
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by FOIA Project Staff
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