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Case TitleSERVICE EMPLOYEES INTERNATIONAL UNION v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv03010
Date Filed2018-12-20
Date Closed2021-03-22
JudgeJudge Trevor N. McFadden
PlaintiffSERVICE EMPLOYEES INTERNATIONAL UNION
Case DescriptionThe Service Employees International Union submitted a request to the Centers for Medicare and Medicaid Services for records concerning communications between named individuals and certain various officials and organizations in Illinois. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, SEIU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
200 Independence Avenue, S.W.
Washington, DC 20201
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-201COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5850110) filed by SERVICE EMPLOYEES INTERNATIONAL UNION. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons USAO Summons, # 3 Summons Att'y General Summons, # 4 Summons HHS Summons, # 5 Summons CMS Summons)(Wood, Hart) (Entered: 12/20/2018)
2018-12-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SERVICE EMPLOYEES INTERNATIONAL UNION (Wood, Hart) (Entered: 12/20/2018)
2018-12-21Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 12/21/2018)
2018-12-213STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 12/21/18. (lctnm1) (Entered: 12/21/2018)
2018-12-214SUMMONS (4) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/21/2018)
2019-01-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/26/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 1/25/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/26/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 12/26/2018; U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 12/28/2018 (Attachments: # 1 Exhibit A)(Wood, Hart) (Entered: 01/07/2019)
2019-01-246MOTION to Stay and for extension of time by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris). Added MOTION for Extension of Time to on 1/28/2019 (tth). (Entered: 01/24/2019)
2019-01-24MINUTE ORDER granting 6 Motion to Stay. Upon considering the Defendants' 6 Motion to Stay, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. It is further ordered that the Defendants will notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/24/2019. (lctnm1) Modified on 1/28/2019 (hmc). (Entered: 01/24/2019)
2019-01-297NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 01/29/2019)
2019-01-298NOTICE of Restored Government Funding by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES re Order on Motion to Stay, (Taaffe, Damon) (Entered: 01/29/2019)
2019-01-29MINUTE ORDER. The stay in this case is hereby lifted. Defendants are ordered to answer or otherwise respond to Plaintiff's Complaint on or before March 29, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/29/19. (lctnm1) (Entered: 01/29/2019)
2019-01-29Set/Reset Deadlines: Defendants' answer or response to the Plaintiff's Complaint due by 3/29/2019. (hmc) (Entered: 01/29/2019)
2019-01-319Unopposed MOTION to Modify Schedule by SERVICE EMPLOYEES INTERNATIONAL UNION (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 01/31/2019)
2019-01-31MINUTE ORDER granting Unopposed 9 Motion to Modify Schedule. The Defendants are hereby ORDERED to answer or otherwise respond to Plaintiff's Complaint on or before February 28, 2019. Signed by Judge Trevor N. McFadden on 1/31/19. (lctnm1) (Entered: 01/31/2019)
2019-02-01Set/Reset Deadlines: Defendants' answer or response to the Complaint due by 2/28/2019. (hmc) (Entered: 02/01/2019)
2019-02-1510NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 02/15/2019)
2019-02-2811ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES.(Hair, Christopher) (Entered: 02/28/2019)
2019-03-01MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before March 12, 2019. Signed by Judge Trevor N. McFadden on 3/1/19. (lctnm1) (Entered: 03/01/2019)
2019-03-01Set/Reset Deadlines: Joint Status Report due by 3/12/2019. (hmc) (Entered: 03/01/2019)
2019-03-1212Joint STATUS REPORT by SERVICE EMPLOYEES INTERNATIONAL UNION. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 03/12/2019)
2019-03-13MINUTE ORDER. Upon consideration of 12 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before May 12, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/13/19. (lctnm1) (Entered: 03/13/2019)
2019-03-13Set/Reset Deadlines: Joint Status Report due by 5/12/2019. (hmc) (Entered: 03/13/2019)
2019-05-1313Joint STATUS REPORT by SERVICE EMPLOYEES INTERNATIONAL UNION. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 05/13/2019)
2019-05-14MINUTE ORDER. Upon 13 Joint Status Report, the parties are ORDERED to file a joint status report on or before June 21, 2019. Signed by Judge Trevor N. McFadden on 5/14/19. (Entered: 05/14/2019)
2019-05-15Set/Reset Deadlines: Joint Status Report due by 6/21/2019. (hmc) (Entered: 05/15/2019)
2019-06-2114Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 06/21/2019)
2019-06-24MINUTE ORDER. Upon 14 Joint Status Report, the parties are ORDERED to file a joint status report on or before July 24, 2019. Signed by Judge Trevor N. McFadden on 6/24/19. (lctnm1) (Entered: 06/24/2019)
2019-06-24Set/Reset Deadlines: Joint Status Report due by 7/24/2019. (hmc) (Entered: 06/24/2019)
2019-07-2415Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 07/24/2019)
2019-07-24MINUTE ORDER. Upon consideration of 15 Joint Status Report, the parties are hereby ORDERED to file a Joint Status Report on or before September 20, 2019. Signed by Judge Trevor N. McFadden on 7/24/19. (lcntm1) (Entered: 07/24/2019)
2019-07-25Set/Reset Deadlines: Joint Status Report due by 9/20/2019. (hmc) (Entered: 07/25/2019)
2019-09-2016Joint STATUS REPORT by SERVICE EMPLOYEES INTERNATIONAL UNION. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 09/20/2019)
2019-09-20MINUTE ORDER. Upon consideration of 16 Joint Status Report, the parties are ordered to file a further Joint Status Report on or before October 21, 2019. Signed by Judge Trevor N. McFadden on 9/20/19. (lctnm1) (Entered: 09/20/2019)
2019-09-23Set/Reset Deadlines: Joint Status Report due by 10/21/2019. (hmc) (Entered: 09/23/2019)
2019-10-2117Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 10/21/2019)
2019-10-21MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before December 3, 2019. Signed by Judge Trevor N. McFadden on 10/21/2019. (lctnm1) (Entered: 10/21/2019)
2019-10-22Set/Reset Deadlines: Joint Status Report due by 12/3/2019. (hmc) (Entered: 10/22/2019)
2019-12-0318Unopposed MOTION for Extension of Time to File Joint Status Report by SERVICE EMPLOYEES INTERNATIONAL UNION (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 12/03/2019)
2019-12-03MINUTE ORDER granting Plaintiff's 18 Unopposed Motion for Extension of Time. The parties shall now file a Joint Status Report on December 5, 2019. The parties are reminded to strictly comply with the Court's 3 Standing Order, including Paragraph 9, which requires all motions for extension to be filed at least four business days in advance of the deadline. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/03/2019. (lctnm1) (Entered: 12/03/2019)
2019-12-04Set/Reset Deadlines: Joint Status Report due by 12/5/2019. (hmc) (Entered: 12/04/2019)
2019-12-0519Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 12/05/2019)
2019-12-05MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before February 3, 2020. Signed by Judge Trevor N. McFadden on 12/05/2019. (lctnm1) (Entered: 12/05/2019)
2019-12-06Set/Reset Deadlines: Joint Status Report due by 2/3/2020. (hmc) (Entered: 12/06/2019)
2020-02-0320Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 02/03/2020)
2020-02-04MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, the parties are ORDERED to file a Joint Status Report on or before March 31, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/4/2020. (lctnm1) (Entered: 02/04/2020)
2020-02-04Set/Reset Deadlines: Joint Status Report due by 3/31/2020. (hmc) (Entered: 02/04/2020)
2020-03-3121Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 03/31/2020)
2020-04-01MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, the parties are ORDERED to file a Joint Status Report on or before May 26, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/1/2020. (lctnm1) (Entered: 04/01/2020)
2020-04-01Set/Reset Deadlines: Joint Status Report due by 5/26/2020. (hmc) (Entered: 04/01/2020)
2020-05-2622Joint STATUS REPORT by SERVICE EMPLOYEES INTERNATIONAL UNION. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 05/26/2020)
2020-05-26MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before July 27, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/26/2020. (lctnm1) (Entered: 05/26/2020)
2020-05-26Set/Reset Deadlines: Joint Status Report due by 7/27/2020. (hmc) (Entered: 05/26/2020)
2020-07-2723Joint STATUS REPORT by SERVICE EMPLOYEES INTERNATIONAL UNION. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 07/27/2020)
2020-07-28MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before September 28, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/28/2020. (lctnm1) (Entered: 07/28/2020)
2020-07-28Set/Reset Deadlines: Joint Status Report due by 9/28/2020. (hmc) (Entered: 07/28/2020)
2020-09-2824Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 09/28/2020)
2020-09-29MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties shall appear by telephone for a status conference on December 7, 2020, at 10:00 a.m. before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. It is further ORDERED that the parties shall submit a Joint Status Report on or before November 30, 2020, advising the Court of the progress of deliberations. If the parties reach a resolution before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/29/2020. (lctnm1) (Entered: 09/29/2020)
2020-09-29Set/Reset Deadlines/Hearings: Joint Status Report due by 11/30/2020. Telephonic Status Conference set for 12/7/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 09/29/2020)
2020-11-3025Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 11/30/2020)
2020-12-07Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 12/7/2020. Joint Status Report due by 2/5/2021. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 12/07/2020)
2021-02-0526Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 02/05/2021)
2021-02-08MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before March 8, 2021, updating the Court and proposing further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/8/2021. (lctnm1) (Entered: 02/08/2021)
2021-02-08Set/Reset Deadlines: Joint Status Report due by 3/8/2021. (hmc) (Entered: 02/08/2021)
2021-03-0827Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Hair, Christopher) (Entered: 03/08/2021)
2021-03-09MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, the parties shall file a further Joint Status Report on or before April 7, 2021. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/9/2021. (lctnm1) (Entered: 03/09/2021)
2021-03-09Set/Reset Deadlines: Joint Status Report due by 4/7/2021. (hmc) (Entered: 03/09/2021)
2021-03-2228STIPULATION of Dismissal by SERVICE EMPLOYEES INTERNATIONAL UNION. (Wood, Hart) (Entered: 03/22/2021)
2021-03-22MINUTE ORDER. Pursuant to the parties' 28 Stipulation of Dismissal, this case is hereby DISMISSED. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/22/2021. (lctnm1) (Entered: 03/22/2021)
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