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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)
2021-04-217ANSWER to 1 Complaint,, on behalf of Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services.(Ray, Jeffrey) (Entered: 04/21/2021)
2021-04-218RULE 16 NOTICE. Proposed scheduling order due by 6/4/2021. Rule 26 conference due by 5/21/2021. Signed on 4/21/21 by District Judge Fernando J. Gaitan, Jr. (Diefenbach, Tracy) (Entered: 04/21/2021)
2021-06-049Joint PROPOSED SCHEDULING ORDER by Debra Claussen, Herm Claussen, Leland Dempsey. (Weslander, John) (Entered: 06/04/2021)
2021-06-0410CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by John Eric Weslander on behalf of Plaintiffs Debra Claussen, Herm Claussen, Leland Dempsey.(Weslander, John) (Entered: 06/04/2021)
2021-06-1411SCHEDULING ORDER: Signed on 6/14/2021 by District Judge Fernando J. Gaitan, Jr. (Houston, Kiambu) (Entered: 06/14/2021)
2021-07-1512NOTICE of filing of Vaugn Index and Search Affidavit in compliance with Court's Scheduling Order [Doc. 11] by Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services re 11 Scheduling Order (Attachments: # 1 Exhibit A [Vaughn index], # 2 Exhibit B [Search affidavit])(Ray, Jeffrey) (Entered: 07/15/2021)
2021-08-0913Joint MOTION for extension of time to extend deadlines set out in the Court's briefing schedule [Doc. 11] 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 8/23/2021 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 08/09/2021)
2021-08-1014FIRST AMENDED ORDER SETTING BRIEFING SCHEDULE. Signed on 8/10/21 by District Judge Fernando J. Gaitan, Jr. (Diefenbach, Tracy) (Entered: 08/10/2021)
2021-09-2415Joint MOTION for extension of time to amend briefing schedule (Doc. 14) 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 10/8/2021 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 09/24/2021)
2021-09-2716ORDER granting 15 Joint Motion to Amend Briefing Schedule. Signed on 9/27/21 by District Judge Fernando J. Gaitan, Jr. (Diefenbach, Tracy) (Entered: 09/27/2021)
2021-11-0217First MOTION to amend/correct 16 Order on Motion for Extension of Time (Unopposed) filed by John Eric Weslander on behalf of Debra Claussen, Herm Claussen, Leland Dempsey. Suggestions in opposition/response due by 11/16/2021 unless otherwise directed by the court. (Related document(s) 16 ) (Weslander, John) (Entered: 11/02/2021)
2021-11-0918ORDER granting 17 Plaintiffs' First Unopposed Motion to Amend Briefing Schedule. Signed on 11/9/21 by District Judge Fernando J. Gaitan, Jr. (Diefenbach, Tracy) (Entered: 11/09/2021)
2021-12-2219MOTION for protective order (Unopposed) filed by John Eric Weslander on behalf of Debra Claussen, Herm Claussen, Leland Dempsey. Suggestions in opposition/response due by 1/5/2022 unless otherwise directed by the court. (Weslander, John) (Entered: 12/22/2021)
2022-01-1020PROTECTIVE ORDER Signed on 1/10/22 by District Judge Fernando J. Gaitan, Jr. (Diefenbach, Tracy) (Entered: 01/10/2022)
2022-01-1921MOTION for discovery (Motion for Leave to Serve Focused Discovery and Suggestions in Support) filed by John Eric Weslander on behalf of Debra Claussen, Herm Claussen, Leland Dempsey. Suggestions in opposition/response due by 2/2/2022 unless otherwise directed by the court. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Weslander, John) (Entered: 01/19/2022)
2022-01-2122MOTION for summary judgment filed by John Eric Weslander on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/11/2022 unless otherwise directed by the court. (Attachments: # 1 Affidavit Supp. Declaration of Kris Pare')(Weslander, John) (Entered: 01/21/2022)
2022-01-2123SUGGESTIONS in support re 22 MOTION for summary judgment filed by John Eric Weslander on behalf of Plaintiffs Debra Claussen, Herm Claussen, Leland Dempsey. (Related document(s) 22 ) (Weslander, John) (Entered: 01/21/2022)
2022-01-2824MOTION for extension of time to file response/reply as to 22 MOTION for summary judgment , 21 MOTION for discovery (Motion for Leave to Serve Focused Discovery and Suggestions in Support) 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 2/11/2022 unless otherwise directed by the court. (Related document(s) 22 , 21 ) (Ray, Jeffrey) (Entered: 01/28/2022)
2022-02-0125NOTICE of filing of letter sent in compliance with the Court's protective order by Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services re 20 Protective Order (Attachments: # 1 Attachment)(Ray, Jeffrey) (Entered: 02/01/2022)
2022-02-1826ORDER - GRANTING 24 defendant's motion for extension of time to file response/reply, re. 21 plaintiff's MOTION for leave to serve focused discovery. Suggestions in opposition/response due on or before APRIL 8, 2022 unless otherwise directed by the court. In addition, implicit in Defendants' motion for extension of time is a request for leave to file its amended Vaughn index and amended declaration with the Court out of time. This implied request will also be GRANTED, and Defendants amended Vaughn index and amended declaration will be due on or before APRIL 1, 2022 . Signed on 2/18/22 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy) (Entered: 02/18/2022)
2022-04-0127NOTICE of filing of (1) Amended Vaughn Index, and (2) Updated Gilmore Declaration by Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services re 26 Order on Motion for Extension of Time to File Response/Reply,, (Attachments: # 1 Exhibit A [Amended Vaughn Index], # 2 Exhibit B [Updated Gilmore Declaration])(Ray, Jeffrey) (Entered: 04/01/2022)
2022-04-0828Consent MOTION for extension of time to file response/reply as to 22 MOTION for summary judgment , 21 MOTION for discovery (Motion for Leave to Serve Focused Discovery and Suggestions in Support) and to set a date for the parties to file a JOINT STATUS REPORT 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 4/22/2022 unless otherwise directed by the court. (Related document(s) 22 , 21 ) (Ray, Jeffrey) (Entered: 04/08/2022)
2022-04-1329ORDER - GRANTING IN PART 28 defendant's motion for extension of time to file response/reply 21 MOTION for discovery (Motion for Leave to Serve Focused Discovery and Suggestions in Support) , AND 22 MOTION for summary judgment . New Deadline: Suggestions in opposition/response due by 5/16/2022 unless otherwise directed by the court. Is is further Ordered that the parties shall file a joint status report on or before April 29, 2022 . Signed on 4/13/22 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy) (Entered: 04/13/2022)
2022-04-13***Utility/Set Deadine: Joint Status Report due by 4/29/2022. (Anderson, Christy) (Entered: 04/13/2022)
2022-04-2930STATUS REPORT and Joint Request for New Deadlines re briefing on adequacy of FOIA search by Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services. (Ray, Jeffrey) (Entered: 04/29/2022)
2022-05-0531ORDER setting amended briefing schedule re 30 Status Report and Joint Request for New Deadlines re briefing on adequacy of FOIA search. Please see order for further details. Signed on 5/5/2022 by District Judge Fernando J. Gaitan, Jr. (Houston, Kiambu) (Entered: 05/05/2022)
2022-05-0632Amended MOTION for summary judgment filed by John Eric Weslander on behalf of Debra Claussen, Herm Claussen, Leland Dempsey. Suggestions in opposition/response due by 5/27/2022 unless otherwise directed by the court. (Attachments: # 1 Exhibit Declaration of Sarah Melody)(Weslander, John) (Entered: 05/06/2022)
2022-05-0633SUGGESTIONS in support re 32 Amended MOTION for summary judgment filed by John Eric Weslander on behalf of Plaintiffs Debra Claussen, Herm Claussen, Leland Dempsey. (Related document(s) 32 ) (Weslander, John) (Entered: 05/06/2022)
2022-05-2734SUGGESTIONS in opposition to motion for summary judgment re 32 Amended MOTION for summary judgment , 22 MOTION for summary judgment filed by Jeffrey P. Ray on behalf of Defendants Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services. Reply suggestions due by 6/10/2022 unless otherwise directed by the court. (Related document(s) 32 , 22 ) (Ray, Jeffrey) (Entered: 05/27/2022)
2022-06-1035REPLY SUGGESTIONS to motion re 32 Amended MOTION for summary judgment , 22 MOTION for summary judgment filed by John Eric Weslander on behalf of Plaintiffs Debra Claussen, Herm Claussen, Leland Dempsey. (Related document(s) 32 , 22 ) (Weslander, John) (Entered: 06/10/2022)
2022-06-1636SUGGESTIONS in opposition re 21 MOTION for discovery (Motion for Leave to Serve Focused Discovery and Suggestions in Support) filed by Jeffrey P. Ray on behalf of Defendants Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services. Reply suggestions due by 6/30/2022 unless otherwise directed by the court. (Related document(s) 21 ) (Ray, Jeffrey) (Entered: 06/16/2022)
2022-06-3037REPLY SUGGESTIONS to motion re 21 MOTION for discovery (Motion for Leave to Serve Focused Discovery and Suggestions in Support) filed by John Eric Weslander on behalf of Plaintiffs Debra Claussen, Herm Claussen, Leland Dempsey. (Related document(s) 21 ) (Weslander, John) (Entered: 06/30/2022)
2022-09-0138ORDER - DENYING without prejudice 21 plaintiff's motion for leave to serve focused discovery. GRANTING IN PART and DENYING IN PART 22 plaintiff's motion for summary judgment, and 32 plaintiff's amended motion for summary judgment. Each motion is GRANTED IN PART insofar as the Court finds the declarations submitted by Defendants to be insufficient to meet Defendants' burden to establish that their search was adequate under FOIA and DENIED IN PART without prejudice in all other relevant aspects. Defendants shall file an Amended Declaration on or before October 3, 2022 . Following the submission of the amended declaration, Plaintiffs and Defendants shall file any renewed cross-motions for summary judgment regarding the adequacy of the search on or before November 1, 2022 . Signed on 9/1/22 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy) (Entered: 09/01/2022)
2022-09-01Utility/Set Deadline: Cross-Motions for Summary Judgment due by 11/1/2022. (Anderson, Christy) (Entered: 09/01/2022)
2022-10-0339NOTICE of filing of Amended FOIA Search Affidavit by Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services re 38 Order on Motion for Discovery,,,, Order on Motion for Summary Judgment,,,,,,, (Attachments: # 1 Exhibit A [Amended Declaration])(Ray, Jeffrey) (Entered: 10/03/2022)
2022-11-0140Supplemental MOTION for discovery and suggestions in support filed by John Eric Weslander on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/15/2022 unless otherwise directed by the court. (Weslander, John) (Entered: 11/01/2022)
2022-11-0141Cross MOTION for summary judgment 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 11/22/2022 unless otherwise directed by the court. (Attachments: # 1 Exhibit A)(Ray, Jeffrey) (Entered: 11/01/2022)
2022-11-0142Third MOTION for summary judgment regarding inadequacy of search filed by John Eric Weslander on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/22/2022 unless otherwise directed by the court. (Weslander, John) (Entered: 11/01/2022)
2022-11-0143SUGGESTIONS in support re 42 Third MOTION for summary judgment regarding inadequacy of search filed by John Eric Weslander on behalf of Plaintiffs Debra Claussen, Herm Claussen, Leland Dempsey. (Related document(s) 42 ) (Weslander, John) (Entered: 11/01/2022)
2022-11-2244SUGGESTIONS in opposition re 42 Third MOTION for summary judgment regarding inadequacy of search , 40 Supplemental MOTION for discovery and suggestions in support filed by Jeffrey P. Ray on behalf of Defendants Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services. Reply suggestions due by 12/6/2022 unless otherwise directed by the court. (Related document(s) 42 , 40 ) (Ray, Jeffrey) (Entered: 11/22/2022)
2022-11-2245REPLY SUGGESTIONS to motion re 40 Supplemental MOTION for discovery and suggestions in support filed by John Eric Weslander on behalf of Plaintiffs Debra Claussen, Herm Claussen, Leland Dempsey. (Related document(s) 40 ) (Weslander, John) (Entered: 11/22/2022)
2022-11-2246SUGGESTIONS in opposition re 41 Cross MOTION for summary judgment on Adequacy of Search filed by John Eric Weslander on behalf of Plaintiffs Debra Claussen, Herm Claussen, Leland Dempsey. Reply suggestions due by 12/6/2022 unless otherwise directed by the court. (Related document(s) 41 ) (Weslander, John) (Entered: 11/22/2022)
2022-12-0647REPLY SUGGESTIONS to motion re 42 Third MOTION for summary judgment regarding inadequacy of search filed by John Eric Weslander on behalf of Plaintiffs Debra Claussen, Herm Claussen, Leland Dempsey. (Related document(s) 42 ) (Weslander, John) (Entered: 12/06/2022)
2023-07-2448ORDER - GRANTING 40 plaintiff's renewed motion to serve focused discovery. DENYING 41 defendant's cross-motion motion for summary judgment regarding inadequacy of FOIA Search. GRANTING 42 plaintiff's motion for summary judgment regarding inadequacy of search. The parties are ordered to file a proposed scheduling order for all remaining issues in this case on or before August 7, 2023 . Signed on 7/24/23 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy) (Entered: 07/24/2023)
2023-07-24Utility/Set Deadline: Proposed scheduling order due by 8/7/2023. (Anderson, Christy) (Entered: 07/24/2023)
2023-08-0749Joint PROPOSED SCHEDULING ORDER by Debra Claussen, Herm Claussen, Leland Dempsey. (Weslander, John) (Entered: 08/07/2023)
2023-08-08NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 8/7/2023 as Document No. 49, Joint PROPOSED SCHEDULING ORDER. The document has been deleted per Administrative Procedures wherein it is stated proposed scheduling orders should not contain a signature line for the presiding judge. The proposed scheduling order should include the electronic signature of both the filing and opposing counsel. This is a text entry only - no document is attached. (Houston, Kiambu) (Entered: 08/08/2023)
2023-08-0850Joint PROPOSED SCHEDULING ORDER by Debra Claussen, Herm Claussen, Leland Dempsey. (Weslander, John) (Entered: 08/08/2023)
2023-08-2351AMENDED SCHEDULING ORDER: The Court adopts most of the deadlines proposed by the parties. Discovery due by 10/3/2023. Cross-Motions for Summary Judgment due by 10/16/2023. Please see Order for additional information. Signed on 8/23/23 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy) (Entered: 08/23/2023)
2023-09-0552CERTIFICATE OF SERVICE by Debra Claussen of Discovery filed by John Eric Weslander on behalf of Plaintiff Debra Claussen.(Weslander, John) (Entered: 09/05/2023)
2023-09-0653MOTION for protective order filed by John Eric Weslander on behalf of Debra Claussen. Suggestions in opposition/response due by 9/20/2023 unless otherwise directed by the court. (Weslander, John) (Entered: 09/06/2023)
2023-09-1454STIPULATED PROTECTIVE ORDER - Granting 53 parties' joint motion for protective order. Signed on 9/14/23 by District Judge Fernando J. Gaitan, Jr. (Attachments: # 1 Attachment A) (Anderson, Christy) (Entered: 09/14/2023)
2023-09-2755CERTIFICATE OF SERVICE by Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services of emailing of written discovery responses filed by Jeffrey P. Ray on behalf of Defendants Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services.(Ray, Jeffrey) (Entered: 09/27/2023)
2023-09-2756Joint MOTION to continue Revised Scheduling Order filed by John Eric Weslander on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/11/2023 unless otherwise directed by the court. (Weslander, John) (Entered: 09/27/2023)
2023-09-2857ORDER - GRANTING 56 Joint MOTION to continue Revised Scheduling Order filed by Herm Claussen, Debra Claussen, Leland Dempsey. FIRST AMENDED SCHEDULING ORDER: Discovery requests served by Plaintiffs pursuant to the Court's order dated July 24, 2023, will be served such that timely responses to discovery will be due no later than November 17, 2023 . Motions to extend discovery deadlines due by November 17, 2023 . Cross-Motions for Summary Judgment due by November 30, 2023 . Signed on 9/28/23 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy) (Entered: 09/28/2023)
2023-11-2958Joint MOTION for extension of time to file cross-motions for summary judgment 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 12/13/2023 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 11/29/2023)
2023-12-0159ORDER - GRANTING 58 parties Joint MOTION for extension of time to file cross-motions for summary judgment. The Court will hold in abeyance the deadlines in the current Scheduling Order (Doc. No. 57 ), and instead sets a deadline of January 29, 2024 , for defendants to submit their supplemental FOIA production, provide a new Vaughn index, and produce a new declaration. Thereafter, the parties are ordered to file a status report (including proposed deadlines for the filing of cross-motions for summary judgment, if necessary) on or before February 16, 2024 . Signed on 12/1/23 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy) (Entered: 12/01/2023)
2024-01-2960MOTION for extension of time to file Vaughn index and declaration and status report regarding supplemental FOIA production 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 2/12/2024 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 01/29/2024)
2024-02-1661ORDER - GRANTING 60 defendant's MOTION for extension of time to file Vaughn index and declaration and status report regarding supplemental FOIA production . New Deadlines: Defendants shall provide a new Vaughn index and produce a new declaration on or before 2/29/2024 . Status Report including proposed deadlines for Cross Motions for Summary Judgment is due on or before 3/22/2024 . Signed on 2/16/24 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy) Modified on 2/16/2024 to correct docket text (Anderson, Christy). (Entered: 02/16/2024)
2024-02-2962NOTICE of filing of Vaughn index and declaration in compliance with the Court's Order [Doc. 61] by Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services re 61 Order,,, Set Deadlines,,, Terminate Motions,, (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ray, Jeffrey) (Entered: 02/29/2024)
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