Case Detail

FOIA Project Annotation: A federal court in Alabama has ruled that the Department of Health and Human Services conducted an adequate search and properly withheld records under a variety of exemptions. Ruling in a case brought by the law firm of Balch & Bingham for records concerning the Medicare program, the agency initially asked the court to dismiss the case for lack of jurisdiction because the agency had completely responded. But the court noted that the agency had withheld 1,067 pages in full or in part and pointed out that "while Balch has filed no response to the motion, a live case and controversy persists as to the appropriateness of the asserted exemptions by HHS." Because Balch had not filed an opposition to the agency's motion for summary judgment, the court had little difficulty accepting the adequacy of the search, which resulted in three separate disclosures, and the appropriateness of the exemption claims. The court observed that "given the affidavits and Vaughn Index provided by HHS, and the absence of any objection by Balch, HHS states an adequate factual basis for withholding the listed information."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2014-01-08	1	COMPLAINT against Centers for Medicare and Medicaid Services, filed by Balch & Bingham LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(SAC ) (Entered: 01/08/2014)
2014-01-08	2	NOTICE regarding the consent of a civil action to a magistrate judge. (SAC ) (Entered: 01/08/2014)
2014-01-31		Filing fee: $ 400.00, ALND receipt number B4601050013. (SAC ) (Entered: 02/03/2014)
2014-01-31	3	Summons Issued as to Centers for Medicare and Medicaid Services, U.S. Attorney and U.S. Attorney General. Given to Plaintiff at intake window. (SAC ) (Entered: 02/03/2014)
2014-02-03	4	Corporate Disclosure Statement by Balch & Bingham LLP. filed by Balch & Bingham LLP (Simpson, Michael) (Entered: 02/03/2014)
2014-02-24	5	SUMMONS Returned Executed by Balch & Bingham LLP. Centers for Medicare and Medicaid Services served on 2/5/2014, answer due 4/7/2014. (Simpson, Michael) (Entered: 02/24/2014)
2014-03-07	6	ANSWER to 1 Complaint, by Centers for Medicare and Medicaid Services.(Ragland, Edward) (Entered: 03/07/2014)
2014-03-10	7	ORDER This case is SET for a status and scheduling conference at 1:30 p.m., March 13, 2014, in chambers, Hugo L Black US Courthouse, Birmingham, AL before Judge William M Acker Jr. Signed by Judge William M Acker, Jr on 3/10/14. (SAC ) (Entered: 03/10/2014)
2014-03-11	8	MOTION for Leave to Appear Admission Pro Hac Vice for Richard Edward Glaze by Balch & Bingham LLP. (Simpson, Michael) (Entered: 03/11/2014)
2014-03-11		PHV Fee paid: $ 50, ALND receipt#: B4601051067/ receipt number 1126-2122792. (Simpson, Michael) Modified on 3/17/2014 (SAC, ). (Entered: 03/11/2014)
2014-03-11	9	ORDER granting 8 Motion for Leave to Appear pro hac vice for Richard Edward Glaze. Signed by Judge William M Acker, Jr on 3/11/14. (SAC, ) (Entered: 03/11/2014)
2014-03-13		Minute Entry for proceedings held before Judge William M Acker, Jr: Status/Scheduling Conference held on 3/13/2014; dft's (oral) motion for stay - (orally) GRANTED for temporary stay of two weeks for dft to file motion. (Court Reporter Leah Turner.) (ADF) (Entered: 03/13/2014)
2014-03-27	10	MOTION to Stay by Centers for Medicare and Medicaid Services. (Attachments: # 1 Exhibit 1 Declaration of Michael Marquis, # 2 Exhibit CMS Letter 10/12/12 for #7087, # 3 Exhibit 3 CMS Letter 10/12/12 for #7088, # 4 Exhibit CMS Interim Response 3/5/2014 for #7087, # 5 Exhibit 5 CMS Interim Response 3/5/2014 for #7088)(Ragland, Edward) (Entered: 03/27/2014)
2014-03-27	11	Brief re 10 MOTION to Stay . (Ragland, Edward) (Entered: 03/27/2014)
2014-03-28	12	SUBMISSION ORDER re 10 MOTION to Stay filed by Centers for Medicare and Medicaid Services; pla is ORDERED to respond to motion on or before 4:30 p.m., April 4, 2014. Signed by Judge William M Acker, Jr on 3/28/14. (ASL) (Entered: 03/28/2014)
2014-04-04	13	RESPONSE to Motion re 10 MOTION to Stay filed by Balch & Bingham LLP. (Attachments: # 1 Exhibit DHHS 2013 FOIA Report)(Simpson, Michael) (Entered: 04/04/2014)
2014-04-07	14	ORDER granting 10 Motion to Stay ; Defendant is ORDERED to release additional documents responsive to plaintiffs FOIA requests on or before May 2, 2014, and, if necessary, release any remaining responsive documents on or before May 30, 2014. Signed by Judge William M Acker, Jr on 4/7/14. (SAC ) (Entered: 04/07/2014)
2014-05-08	15	NOTICE by Centers for Medicare and Medicaid Services of Late Compliance with Court's Order (doc. 14) (Ragland, Edward) (Entered: 05/08/2014)
2014-06-10	16	ORDER Plaintiff, Balch & Bingham LLP, is ORDERED to file a report on or before June 13, 2014, to advise on the status of the document releases noted in the court's order of April 7, 2014, and to advise whether the stay remains appropriate. Signed by Judge William M Acker, Jr on 6/10/14. (SAC ) (Entered: 06/10/2014)
2014-06-13	17	STATUS REPORT in response to the Court's June 10, 2014 Order by Balch & Bingham LLP. filed by Balch & Bingham LLP (Attachments: # 1 Exhibit May 2 Letter, # 2 Exhibit May 30 E-mail, # 3 Exhibit May 30 Letter)(Simpson, Michael) (Entered: 06/13/2014)
2014-06-16	18	ORDER that the stay imposed by this courts order of April 7, 2014, is LIFTED; Rule 26 Meeting Report due by 6/30/2014. Signed by Judge William M Acker, Jr on 6/16/14. (SAC ) (Entered: 06/16/2014)
2014-06-30	19	REPORT of Rule 26(f) Planning Meeting. (Simpson, Michael) (Entered: 06/30/2014)
2014-07-01	20	SCHEDULING ORDER AND NOTICE TO ALL ATTORNEYS AND PARTIES READ CAREFULLY- Based on the report submitted by the parties, and making such changes and additions as the court finds appropriate, the court orders that the limitations as set out within shall apply: Discovery due by 12/29/2014; Dispositive Motions due by 1/27/2015. The United States Department of Health and Human Services added. Centers for Medicare and Medicaid Services terminated. Signed by Judge William M Acker, Jr on 7/1/14. (SAC ) (Entered: 07/01/2014)
2014-11-25	21	NOTICE of Appearance by Don B Long, III on behalf of The United States Department of Health and Human Services (Long, Don) (Entered: 11/25/2014)
2014-11-25	22	AMENDED ANSWER to 1 Complaint, by The United States Department of Health and Human Services.(Long, Don) (Entered: 11/25/2014)
2015-01-23	23	First MOTION for Extension of Time (Unopposed) by The United States Department of Health and Human Services. (Long, Don) (Entered: 01/23/2015)
2015-01-23	24	ORDER granted and ordered accordingly 23 Motion for Extension of Time. Signed by Judge William M Acker, Jr on 01/23/2015. (NSO) (Entered: 01/23/2015)
2015-02-06	25	MOTION for Summary Judgment by The United States Department of Health and Human Services. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Long, Don) (Entered: 02/06/2015)
2015-02-06	26	SUBMISSION ORDER If plaintiff desires to respond to the motion for summary judgment filed on February 6, 2014, it shall do so on or before 4:30 P.M., February 27, 2015. If defendant desires to reply to any such response, it shall do so on or before 4:30 P.M., March 13, 2015, or file a motion for additional reasonable time within which to reply. Signed by Judge William M Acker, Jr on 2/6/15. (SAC ) (Entered: 02/06/2015)
2015-03-19	27	MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 3/19/15. (SAC ) (Entered: 03/19/2015)
2015-03-19	28	ORDER In accordance with Federal Rule of Civil Procedure 56 and the accompanying memorandum opinion, the court finds that no genuine issues of material fact exist and that defendant United States Department of Health and Human Services is entitled to judgment as a matter of law. Defendants motion for summary judgment (Doc. 25) is GRANTED, and this action is DISMISSED WITHPREJUDICE. The parties shall bear their own respective costs. Signed by Judge William M Acker, Jr on 3/19/15. (SAC ) (Entered: 03/19/2015)
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