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Case TitlePETRILLO & POWELL, PLLC v. DEPARTMENT HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00663
Date Filed2017-04-14
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffPETRILLO & POWELL, PLLC
Case DescriptionThe law firm of Petrillo & Powell submitted two FOIA requests to the Center for Medicare and Medicaid Services. One request asked for 15 categories of records, while the second request asked for 10 categories of records. The law firm asked the agency to release the records as they became available. An agency information specialist indicated informally that no records had been found. Petrillo & Powell told the agency that it would consider that a denial and filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT HEALTH AND HUMAN SERVICES
DefendantDEPARTMENT HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services
7500 Security Blvd.
Baltimore, MD 21244
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

2017-04-141COMPLAINT against PETRILLO & POWELL, PLLC ( Filing fee $ 400 receipt number 0090-4914406) filed by PETRILLO & POWELL, PLLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Petrillo, Joseph) (Entered: 04/14/2017)
2017-04-142CIVIL COVER SHEET by PETRILLO & POWELL, PLLC re 1 Complaint, filed by PETRILLO & POWELL, PLLC. Related document: 1 Complaint, filed by PETRILLO & POWELL, PLLC.(Petrillo, Joseph) (Entered: 04/14/2017)
2017-04-14Case Assigned to Judge Ketanji Brown Jackson. (jd) (Entered: 04/17/2017)
2017-04-173SUMMONS (4) Issued Electronically as to DEPARTMENT HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 04/17/2017)
2017-04-174GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 4/17/2017. (lckbj1) (Entered: 04/17/2017)
2017-04-285ENTERED IN ERROR. . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 5/24/2017. (Petrillo, Joseph) Modified on 5/1/2017 (td). (Entered: 04/28/2017)
2017-04-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 5/24/2017. (Petrillo, Joseph) (Main Document 6 replaced on 5/1/2017) (ztd). (Entered: 04/28/2017)
2017-04-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/24/2017. (Petrillo, Joseph) (Main Document 7 replaced on 5/1/2017) (ztd). (Entered: 04/28/2017)
2017-04-288RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT HEALTH AND HUMAN SERVICES served on 4/20/2017 (Petrillo, Joseph) (Main Document 8 replaced on 5/1/2017) (ztd). (Entered: 04/28/2017)
2017-04-289RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT HEALTH AND HUMAN SERVICES served on 4/21/2017 (Petrillo, Joseph) (Main Document 9 replaced on 5/1/2017) (ztd). (Entered: 04/28/2017)
2017-05-01NOTICE OF CORRECTED DOCKET ENTRY: re 5 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error and counsel refiled said pleading as docket entry no. 6 . (td) (Entered: 05/01/2017)
2017-05-2410NOTICE of Appearance by Joshua M. Kolsky on behalf of DEPARTMENT HEALTH AND HUMAN SERVICES (Kolsky, Joshua) (Entered: 05/24/2017)
2017-05-2411Joint MOTION to Stay by DEPARTMENT HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 05/24/2017)
2017-05-24MINUTE ORDER granting 11 Joint Motion to Stay. It is hereby ORDERED that this matter is is STAYED until further Order of this Court. It is FURTHER ORDERED that the parties shall file a joint status report on or before 7/24/2017, and every sixty days thereafter, informing the Court of the status of Defendants document productions, and a further joint status report within thirty days after the completion of the document production proposing, if necessary, a schedule for further litigation of this case. Signed by Judge Ketanji Brown Jackson on 05/24/2017. (lckbj1) (Entered: 05/24/2017)
2017-07-2412Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 07/24/2017)
2017-09-2213Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 09/22/2017)
2017-11-2114Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 11/21/2017)
2018-01-2215Unopposed MOTION to Stay In Light of Lapse of Appropriations by DEPARTMENT HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/22/2018)
2018-01-22MINUTE ORDER granting 15 Unopposed Motion to Stay in light of lapse of appropriations. For good cause shown, it is hereby ORDERED that this case is STAYED. Counsel for Defendant will notify the Court as soon as Congress has appropriated funds; at that point, the Court will enter an order resetting the applicable deadlines, which will be extended day-for-day with the duration of the lapse in appropriations. Signed by Judge Ketanji Brown Jackson on 1/22/2018. (lckbj1) (Entered: 01/22/2018)
2018-01-2316Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 01/23/2018)
2018-01-26MINUTE ORDER. In light of the parties' representations in their 16 Joint Status Report regarding Congressional appropriations, it is hereby ORDERED that the Stay in this matter is LIFTED. Signed by Judge Ketanji Brown Jackson on 1/26/2018. (lckbj1) (Entered: 01/26/2018)
2018-03-2617Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 03/26/2018)
2018-05-2518STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 05/25/2018)
2018-07-2519Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 07/25/2018)
2018-09-2420Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 09/24/2018)
2018-09-2521SUPERSEDING GENERAL ORDER AND GUIDELINES FOR FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. This Order supersedes this Courts prior 4 General Order and Guidelines for Civil Cases. The Court will hold the parties and counsel responsible for following these amended directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 9/25/2018. (lckbj1) (Entered: 09/25/2018)
2018-12-10MINUTE ORDER. On May 24, 2017, this Court ordered that the parties provide joint status reports every sixty days. (See Minute Order of May 24, 2017.) The parties have not filed a joint status report since September 24, 2018, which was seventy-seven days ago. Accordingly, it is hereby ORDERED that the parties shall file a status report on or before December 21, 2018. Signed by Judge Ketanji Brown Jackson on 12/10/2018. (lckbj3) (Entered: 12/10/2018)
2018-12-10Set/Reset Deadlines: Joint Status Report due by 12/21/2018. (gdf) (Entered: 12/11/2018)
2018-12-2122STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 12/21/2018)
2018-12-2623NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of DEPARTMENT HEALTH AND HUMAN SERVICES Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/26/2018)
2019-01-2224Unopposed MOTION to Stay Proceedings in Light of Lapse in Appropriations by DEPARTMENT HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 01/22/2019)
2019-01-22MINUTE ORDER granting 24 Unopposed Motion to Stay in light of lapse of appropriations. For good cause shown, it is hereby ORDERED that this case is STAYED. Counsel for Defendant shall notify the Court as soon as Congress has appropriated funds; at that point, the Court will enter an order resetting the applicable deadlines, which will be extended day-for-day with the duration of the lapse in appropriations. Signed by Judge Ketanji Brown Jackson on 1/22/2019. (lckbj1) (Entered: 01/22/2019)
2019-01-2925NOTICE of Restored Government Funding by DEPARTMENT HEALTH AND HUMAN SERVICES (Cirino, Paul) (Entered: 01/29/2019)
2019-01-29MINUTE ORDER. Defendant has provided notice that that an appropriations act providing funding to the Department of Justice for a three-week period of time was enacted on January 25, 2019 (ECF No. 25 .) Accordingly, it is hereby ORDERED that the stay in this matter is lifted, and that on or before 2/15/2019, the parties shall file a joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/29/2019. (lckbj1) (Entered: 01/29/2019)
2019-02-1526Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 02/15/2019)
2019-04-1627Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 04/16/2019)
2019-06-1728Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 06/17/2019)
2019-08-1529Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 08/15/2019)
2019-10-1530Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 10/15/2019)
2019-12-1631Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 12/16/2019)
2020-02-1432Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 02/14/2020)
2020-04-1433Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 04/14/2020)
2020-06-1534Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 06/15/2020)
2020-08-1435Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 08/14/2020)
2020-10-1336Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 10/13/2020)
2020-12-1437Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 12/14/2020)
2021-02-1238Joint STATUS REPORT by DEPARTMENT HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 02/12/2021)
2021-02-2339NOTICE of Voluntary Dismissal by PETRILLO & POWELL, PLLC (Petrillo, Joseph) (Entered: 02/23/2021)
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by FOIA Project Staff
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