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Case TitleBrown v. U.S. Department of Health and Human Services
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2017cv01232
Date Filed2017-11-10
Date Closed2020-05-04
JudgeJudge Staci M. Yandle
PlaintiffNathaniel O. Brown
Case DescriptionNathaniel Brown, an attorney, submitted a FOIA request to the Department of Health and Human Services concerning three investigations conducted by the Center for Medicare and Medicaid Services pertaining to nursing homes. The agency acknowledged receipt of his request, but after hearing nothing further from the agency, Brown filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. Department of Health and Human Services
DefendantUnited States Department of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-101COMPLAINT for Injunctive Relief against United States Department of Health and Human Services ( Filing fee $ 400 receipt number 0754-3397332.), filed by Nathaniel O. Brown. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2)(Keck, Frederick) (Entered: 11/10/2017)
2017-11-132Notice of Judge Assignment. Chief Judge Michael J. Reagan and Magistrate Judge Stephen C. Williams assigned. All future documents must bear case number 17-1232-MJR-SCW. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (lmb) (Entered: 11/13/2017)
2017-11-133NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Keck does not have a Notice of Appearance on file in this case. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/13/2017)
2017-11-134NOTICE of Appearance by Frederick W. Keck on behalf of Nathaniel O. Brown (Keck, Frederick) (Entered: 11/13/2017)
2017-11-295Summons Requested. (Keck, Frederick) (Entered: 11/29/2017)
2017-11-306Summons Issued as to U.S. Department of Health and Human Services. (cjo) (Entered: 11/30/2017)
2017-12-157SUMMONS Returned Executed by Nathaniel O. Brown. U.S. Department of Health and Human Services served on 12/5/2017, answer due 2/5/2018. (Keck, Frederick) (Entered: 12/15/2017)
2018-01-028NOTICE of Appearance by Adam E. Hanna on behalf of U.S. Department of Health and Human Services (Hanna, Adam) (Entered: 01/02/2018)
2018-01-029ANSWER to 1 Complaint, by U.S. Department of Health and Human Services.(Hanna, Adam) (Entered: 01/02/2018)
2018-01-1410Joint MOTION to Stay Case by U.S. Department of Health and Human Services. (Hanna, Adam) (Entered: 01/14/2018)
2018-01-1611ORDER : The parties' have jointly moved for a stay of these proceedings to allow Plaintiff to refile and pursue a Freedom of Information Act ("FOIA") request. The parties anticipate that Plaintiff will secure the information he is seeking via this course of action. Accordingly, the parties seek to stay this matter to promote judicial efficiency. The Court considers several factors to determine whether a discretionary stay is appropriate, including: whether a stay will unduly disadvantage the non-movant; whether a stay will streamline and simplify matters for trial; and, whether a stay will reduce the burden of litigation on the parties and the Court. See e.g. Landis v. North American Co., 57 S.Ct. 163 (1936). Here, a stay would not unduly prejudice either side, and it may eliminate the need for litigation entirely. The parties' joint request for a stay (Doc. 10 ) is hereby GRANTED. A status report shall be filed with the Court by Monday, March 19, 2018. Signed by Chief Judge Michael J. Reagan on 1/16/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/16/2018)
2018-03-1912STATUS REPORT by Nathaniel O. Brown. (Keck, Frederick) (Entered: 03/19/2018)
2018-03-2113ORDER: The Court is in receipt of Plaintiff's timely status report, filed March 19, 2018. Plaintiff indicates that the FOIA process is ongoing. Accordingly, Plaintiff is directed to file another status report by Monday, June 18, 2018, or at an earlier date if the matter is resolved. Signed by Chief Judge Michael J. Reagan on 3/21/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/21/2018)
2018-06-1914STATUS REPORT by Nathaniel O. Brown. (Keck, Frederick) (Entered: 06/19/2018)
2018-06-2015ORDER: The Court is in receipt of Plaintiff's timely status report, filed June 19, 2018. Plaintiff indicates that the FOIA process is ongoing. Accordingly, Plaintiff is directed to file another status report by Tuesday, September 18, 2018, or at an earlier date if the matter is resolved. Signed by Chief Judge Michael J. Reagan on 6/20/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/20/2018)
2018-12-1416STATUS REPORT by Nathaniel O. Brown. (Attachments: # 1 Exhibit 1)(Keck, Frederick) (Entered: 12/14/2018)
2018-12-1817MOTION to Lift Stay by U.S. Department of Health and Human Services. (Hanna, Adam) (Entered: 12/18/2018)
2018-12-1918ORDER: In light of the parties' representations, the stay is hereby lifted. The Government shall file a brief on exhaustion of administrative remedies by January 10, 2019. Plaintiff shall respond by January 24, 2019. No extensions will be granted. Signed by Chief Judge Michael J. Reagan on 12/19/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/19/2018)
2019-01-0319Case Reassigned to Magistrate Judge Gilbert C. Sison. Magistrate Judge Stephen C. Williams no longer assigned to the case. (dmw2) (Entered: 01/03/2019)
2019-01-0920MOTION for Summary Judgment by U.S. Department of Health and Human Services. Responses due by 2/11/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hanna, Adam) (Entered: 01/09/2019)
2019-01-2521MOTION for Leave to File Amended Complaint by Nathaniel O. Brown. (Attachments: # 1 Exhibit A)(Keck, Frederick) (Entered: 01/25/2019)
2019-01-2822ORDER: The Government must respond to the Motion for Leave to Amend (Doc. 21 ) by Friday, February 15, 2019. Signed by Chief Judge Michael J. Reagan on 1/28/2019. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/28/2019)
2019-01-2923CJRA TRACK B assigned: Final Pretrial Conference set for 5/1/2020 at 11:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. Bench Trial set for 5/11/2020 at 9:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. (Attachments: # 1 Consent to Magistrate Judge)(rah) (Entered: 01/29/2019)
2019-02-0724RESPONSE to Motion re 21 MOTION for Leave to File Amended Complaint filed by U.S. Department of Health and Human Services. (Hanna, Adam) (Entered: 02/07/2019)
2019-02-0825RESPONSE in Opposition re 20 MOTION for Summary Judgment filed by Nathaniel O. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Keck, Frederick) (Entered: 02/08/2019)
2019-03-0526Case reassigned to Judge Staci M. Yandle. Chief Judge Michael J. Reagan no longer assigned to the case. (jlrr) (Entered: 03/05/2019)
2019-03-0727ORDER: Telephonic Scheduling Conference set for 4/10/2019 at 2:00 PM before Magistrate Judge Gilbert C. Sison. Instructions for the conference call are as follows: (1) call toll-free, 888-273-3658 ; (2) when prompted, enter the seven-digit Access Code: 5699758 ; (3) when prompted, enter the four-digit Security Code: 1232 . Signed by Magistrate Judge Gilbert C. Sison on 3/7/2019. (dmw2) (Entered: 03/07/2019)
2019-03-1128NOTICE RESETTING Hearing: Telephonic Scheduling Conference reset for 4/18/2019 at 2:30 PM before Magistrate Judge Gilbert C. Sison. The call-in information remains the same as stated at Doc. 27. THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.(dmw2) (Entered: 03/11/2019)
2019-04-0429ORDER: Due to the recent reassignment of this case to Judge Staci M. Yandle, the Final Pretrial Conference is reset for 5/20/2020 at 9:30 AM in Benton Courthouse before Judge Staci M. Yandle and Bench Trial is reset for 6/1/2020 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle. Signed by Judge Staci M. Yandle on 4/4/2019. (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/04/2019)
2019-04-1830Minute Entry for proceedings held before Magistrate Judge Gilbert C. Sison: Telephonic Scheduling Conference held on 4/18/2019. Attorney Fred Keck present on behalf of the Plaintiff. AUSA Adam Hanna present on behalf of the Defendant. The Joint Report of the Parties will be adopted with the modifications discussed during the scheduling conference. The parties were reminded of the option of consenting to the magistrate judge. THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (dmw2) (Entered: 04/18/2019)
2019-04-1831SCHEDULING ORDER: Discovery due by 2/5/2020. Dispositive Motions due by 2/21/2020. Signed by Magistrate Judge Gilbert C. Sison on 4/18/2019. (Attachments: # 1 Joint Report of Parties)(dmw2) (Entered: 04/18/2019)
2019-06-1332MOTION for Summary Judgment by Nathaniel O. Brown. Responses due by 7/18/2019 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Keck, Frederick) (Entered: 06/13/2019)
2019-07-0233MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment by U.S. Department of Health and Human Services. (Hanna, Adam) (Entered: 07/02/2019)
2019-07-1534RESPONSE in Opposition re 32 MOTION for Summary Judgment filed by U.S. Department of Health and Human Services. (Attachments: # 1 Exhibit A - Declaration of Hugh Gilmore with Attachments 1-7)(Hanna, Adam) (Entered: 07/15/2019)
2019-11-2635ORDER: Pursuant to Administrative Order 257, effective immediately, this case will no longer be referred to a Magistrate Judge for pretrial proceedings. Should the parties elect to consent to have the Magistrate Judge conduct all proceedings in this matter, the Notice and Consent to Proceed Before a Magistrate Judge form shall be filed within 14 days of this Order or before the deadline for filing dispositive motions, whichever is later. Consents filed after this deadline may not be accepted by the District Judge. A link regarding the magistrate judges in this district is included for your convenience: http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf . Magistrate Judge Gilbert C. Sison no longer assigned to case. All future documents must bear case number 17-1232-SMY. Signed by Judge Staci M. Yandle on 11/26/2019. (rah) (Entered: 11/26/2019)
2020-03-2036ORDER SETTING HEARING. A hearing on the Motions for Summary Judgment (Docs. 20 and 32 ) and the Motion for Leave to File Amended Complaint (Doc. 21 ) is set for April 22, 2020 at 9:30 a.m. in the Benton Courthouse before Judge Staci M. Yandle. The parties are advised that the hearing may be converted to a telephonic hearing if necessary to comply with Administrative Order 261 Re: Covid-19. The Motion for Extension of Time to File Response (Doc. 33 ) is TERMINATED as MOOT.Signed by Judge Staci M. Yandle on 3/20/2020. (dah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/20/2020)
2020-04-0137ORDER. The Motion Hearing set for April 22, 2020 at 9:30 a.m. is converted to a telephonic hearing. The instructions for joining the conference call are as follows: All parties should call toll free 877-873-8017 and enter the access code 4354777. Then when prompted, enter security code 1232. Signed by Judge Staci M. Yandle on 4/1/2020. (dah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/01/2020)
2020-04-2238ORDER. The Motion for Leave to File Amended Complaint (Doc. 21 ) is GRANTED. Plaintiff shall file his First Amended Complaint instanter . The Government shall file an answer on or before May 22, 2020. In light of the forthcoming amendment, both pending summary judgment motions (Docs. 20 and 32 ) are taken under advisement. Signed by Judge Staci M. Yandle on 4/22/2020. (dah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/22/2020)
2020-04-2239AMENDED COMPLAINT against U.S. Department of Health and Human Services, filed by Nathaniel O. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Keck, Frederick) (Entered: 04/22/2020)
2020-04-2240Minute Entry for proceedings held before Judge Staci M. Yandle: Telephonic Motion Hearing held on 4/22/2020 re Plaintiff's Motion for Leave to File Amended Complaint (Doc. 21 ) and Motion for Summary Judgment (Doc. 32 ) and Defendant's Motion for Summary Judgment (Doc. 20 ). Attorneys Keck and Hanna appear via telephone. Order entered at Doc. 38 . (Court Reporter Chris Dohack LaBuwi.) (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/22/2020)
2020-04-3041ANSWER to 39 Amended Complaint by U.S. Department of Health and Human Services.(Hanna, Adam) (Entered: 04/30/2020)
2020-05-0442ORDER. The Motion for Summary Judgment filed by U.S. Department of Health and Human Services (Doc. 20 ) is GRANTED. The Motion for Summary Judgment filed by Nathaniel O. Brown (Doc. 32 ) is DENIED. Signed by Judge Staci M. Yandle on 5/4/2020. (dah) (Entered: 05/04/2020)
2020-05-0443CLERK'S JUDGMENT. Approved by Judge Staci M. Yandle on 5/4/2020. (dah) (Entered: 05/04/2020)
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