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Case TitleJohn D. Wheeler & Associates v. Defense Health Agency
DistrictDistrict of New Mexico
CityLas Cruces
Case Number2:2021cv00743
Date Filed2021-08-09
Date Closed2022-03-04
JudgeMagistrate Judge Gregory J. Fouratt
PlaintiffJohn D. Wheeler & Associates a Professional Corporation
Case DescriptionJohn D. Wheeler & Associates submitted a FOIA request to the Defense Health Agency for records concerning the agency and UnitedHealth Military & Veterans Services pertaining to the allowed billing ratio. The agency acknowledged receipt of the request but after hearing nothing further from the agency, John D. Wheeler & Associates filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDefense Health Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [4]
Opinion/Order [11]
Opinion/Order [12]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-091COMPLAINT for Injunctive Relief against Defense Health Agency ( Filing Fee - Online Payment), filed by John D. Wheeler & Associates. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2)(Wheeler, John) (Entered: 08/09/2021)
2021-08-09Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7827999 re 1 Complaint filed by John D. Wheeler & Associates (Payment made via Pay.gov)(Wheeler, John) (Entered: 08/09/2021)
2021-08-09United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Kevin R. Sweazea assigned. (arp) (Entered: 08/09/2021)
2021-08-092PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) (Entered: 08/09/2021)
2021-08-10Summons Issued as to Defense Health Agency. (arp) (Entered: 08/10/2021)
2021-10-193ANSWER to 1 Complaint by Defense Health Agency. Related document: 1 Complaint filed by John D. Wheeler & Associates.(Lucero, Manuel) (Entered: 10/19/2021)
2021-11-124INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Joint Status Report due by January 4, 2022. Telephonic Scheduling Conference set for January 12, 2022 at 09:30 AM. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than December 3, 2021. (atc) (Entered: 11/12/2021)
2021-11-155NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 1/4/2022 unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (nmh) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/15/2021)
2021-11-306CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Defense Health Agency voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/30/2021)
2021-12-237CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), John D. Wheeler & Associates voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Wheeler, John) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/23/2021)
2021-12-238NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 6 Consent to Proceed Before a U.S. Magistrate Judge, filed by Defense Health Agency, 7 Consent to Proceed Before a U.S. Magistrate Judge, filed by John D. Wheeler & Associates. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cfa) (Entered: 12/23/2021)
2022-01-059Joint Status Report by John D. Wheeler & Associates (Wheeler, John) (Entered: 01/05/2022)
2022-01-1210Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Scheduling Conference held on 1/12/2022. (atc) (Entered: 01/12/2022)
2022-01-1211ORDER ADOPTING JOINT STATUS REPORT by Magistrate Judge Kevin R. Sweazea. (atc) (Entered: 01/12/2022)
2022-01-1212SCHEDULING ORDER by Magistrate Judge Kevin R. Sweazea. Deadline for Defendant to produce responsive documents and Vaughn index: January 31, 2022. Dispositive Motions Due May 2, 2022. Responses Due June 1, 2022. Replies Due June 15, 2022. (atc) (Entered: 01/12/2022)
2022-03-0313NOTICE of Voluntary Dismissal of Case 1 Complaint by Defense Health Agency (Lucero, Manuel) (Entered: 03/03/2022)
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by FOIA Project Staff
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