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Case TitleSHTEYNSHLYUGER v. CENTERS FOR MEDICARE & MEDICAID SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02062
Date Filed2020-07-29
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffALEX SHTEYNSHLYUGER M.D.
Case DescriptionAlex Shteynshlyuger, a doctor, submitted eight FOIA requests to the Centers for Medicare and Medicaid Services for records concerning various named complaints. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Shteynshlyuger filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantUNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
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

2020-07-291COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7399586) filed by ALEX SHTEYNSHLYUGER. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10, # 3 Exhibit 11-15, # 4 Exhibit 16-20, # 5 Exhibit 21-22, # 6 Civil Cover Sheet, # 7 Summons)(Topic, Matthew) (Entered: 07/29/2020)
2020-07-292NOTICE of Appearance by Matthew Topic on behalf of ALEX SHTEYNSHLYUGER (Topic, Matthew) (Entered: 07/29/2020)
2020-07-29Case Assigned to Judge John D. Bates. (adh, ) (Entered: 07/29/2020)
2020-07-303SUMMONS (4) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/30/2020)
2020-09-084ANSWER to Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Tepe, Sean) (Entered: 09/08/2020)
2020-09-085ORDER directing parties to confer and to submit a proposed schedule for the processing and release of responsive records and/or a briefing schedule for the filing of dispositive motions by not later than October 19, 2020. See text of Order for details. Signed by Judge John D. Bates on 09/08/2020. (lcjdb3) (Entered: 09/08/2020)
2020-09-08Set/Reset Deadlines: Proposed Briefing Schedule due by 10/19/2020. (tb) (Entered: 09/08/2020)
2020-09-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 8/7/2020 (Topic, Matthew) (Entered: 09/25/2020)
2020-09-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/6/2020 (Topic, Matthew) (Entered: 09/25/2020)
2020-09-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/7/2020. (Topic, Matthew) (Entered: 09/25/2020)
2020-09-259RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/7/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/6/2020. (Topic, Matthew) (Entered: 09/25/2020)
2020-10-1910Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 10/19/2020)
2020-10-19MINUTE ORDER: Upon consideration of 10 the parties' Joint Status Report, and the entire record herein, it is hereby ORDERED that the parties shall submit an additional joint status report, by not later than December 18, 2020, to apprise the Court of the status of this matter and make recommendations for further proceedings. Signed by Judge John D. Bates on 10/19/2020. (lcjdb3) (Entered: 10/19/2020)
2020-10-21Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (tb) (Entered: 10/21/2020)
2020-12-1811NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of All Defendants Substituting for attorney Sean Tepe (Duffey, Thomas) (Entered: 12/18/2020)
2020-12-1812Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 12/18/2020)
2020-12-18MINUTE ORDER: Upon consideration of 12 the parties' Joint Status Report, it is hereby ORDERED that, by not later than February 16, 2021, the parties shall file an additional joint status report advising the Court of the status of this matter, including a recommendation for further proceedings. Signed by Judge John D. Bates on 12/18/2020. (lcjdb3) (Entered: 12/18/2020)
2020-12-21Set/Reset Deadlines: Joint Status Report due by 2/16/2021. (tb) (Entered: 12/21/2020)
2021-02-1613Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 02/16/2021)
2021-02-17MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report, and the entire record herein, it is hereby ORDERED that, by not later than April 19, 2021, the parties shall file an additional joint status report advising the Court of the status of this matter, including a recommendation for further proceedings and a proposal for a faster processing schedule (or separate proposals, if they cannot agree); and it is further ORDERED that if the parties do not include a satisfactory proposal (or proposals) to expedite processing, the Court will set a status conference to discuss the processing schedule. SO ORDERED. Signed by Judge John D. Bates on 2/17/2021. (lcjdb3) (Entered: 02/17/2021)
2021-02-19Set/Reset Deadlines: Joint Status Report due by 4/19/2021. (tb) (Entered: 02/19/2021)
2021-04-1914Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 04/19/2021)
2021-04-20MINUTE ORDER: Upon consideration of 14 the parties' Joint Status Report, and the entire record herein, it is hereby ORDERED that, by not later than June 21, 2021, the parties shall file an additional joint status report advising the Court of the status of this matter, including a recommendation for further proceedings and an estimate of when processing will be able to occur at a faster rate; and it is further ORDERED that a status conference is SCHEDULED for June 24, 2021 at 10 a.m. by telephone. Signed by Judge John D. Bates on 4/20/2021. (lcjdb3) (Entered: 04/20/2021)
2021-04-21Set/Reset Deadlines/Hearings: Joint Status Report due by 6/21/2021; Telephone Status Conference Call is set for 6/24/2021 at 10:00 AM. (jth) (Entered: 04/21/2021)
2021-06-2115Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 06/21/2021)
2021-06-2316NOTICE of Appearance by Merrick Jason Wayne on behalf of ALEX SHTEYNSHLYUGER (Wayne, Merrick) (Entered: 06/23/2021)
2021-06-24Minute Entry: Status Conference held on 6/24/2021 before Judge John D. Bates: Parties discussed production of documents. Joint Status Report due by 8/23/2021. (Court Reporter Lisa Moreira) (tb) (Entered: 06/24/2021)
2021-08-2317Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 08/23/2021)
2021-08-24MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, and the entire record herein, it is hereby ORDERED that the parties shall file an additional joint status report advising the Court of the status of this matter by not later than October 25, 2021. Signed by Judge John D. Bates on 8/24/2021. (lcjdb3) (Entered: 08/24/2021)
2021-08-24Set/Reset Deadlines: Joint Status Report due by 10/25/2021. (tb) (Entered: 08/24/2021)
2021-10-2518Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 10/25/2021)
2021-10-25MINUTE ORDER: Upon consideration of 18 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file an additional joint status report advising the Court of the status of this matter by not later than December 27, 2021. SO ORDERED. Signed by Judge John D. Bates on 10/25/2021. (lcjdb3) (Entered: 10/25/2021)
2021-10-26Set/Reset Deadlines: Joint Status Report due by 12/27/2021. (tb) (Entered: 10/26/2021)
2021-12-2319Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 12/23/2021)
2021-12-23MINUTE ORDER: Upon consideration of 19 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report advising the Court of the status of this matter by not later than February 28, 2022. SO ORDERED. Signed by Judge John D. Bates on 12/23/2021. (lcjdb3) (Entered: 12/23/2021)
2021-12-23Set/Reset Deadlines: Joint Status Report due by 2/28/2022. (tb) (Entered: 12/23/2021)
2021-12-27Set/Reset Deadlines: Joint Status Report due by 2/28/2022. (tb) (Entered: 12/27/2021)
2022-02-2820Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 02/28/2022)
2022-03-01MINUTE ORDER: Upon consideration of 20 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report advising the Court of the status of this matter by not later than April 30, 2022. SO ORDERED. Signed by Judge John D. Bates on 3/1/2022. (lcjdb3) (Entered: 03/01/2022)
2022-03-08Set/Reset Deadlines: Joint Status Report due by 4/30/2022. (tb) (Entered: 03/08/2022)
2022-04-2921NOTICE of Appearance by Joshua Loevy on behalf of ALEX SHTEYNSHLYUGER (Loevy, Joshua) (Entered: 04/29/2022)
2022-04-2922Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 04/29/2022)
2022-04-29MINUTE ORDER: Upon consideration of 22 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report advising the Court of the status of this matter by not later than June 30, 2022. SO ORDERED. Signed by Judge John D. Bates on 4/29/2022. (lcjdb3) (Entered: 04/29/2022)
2022-05-02Set/Reset Deadlines: Joint Status Report due by 6/30/2022. (tb) (Entered: 05/02/2022)
2022-06-3023Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 06/30/2022)
2022-07-01MINUTE ORDER: Upon consideration of 23 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report advising the Court of the status of this matter by not later than September 30, 2022. SO ORDERED. Signed by Judge John D. Bates on 7/1/2022. (lcjdb3) (Entered: 07/01/2022)
2022-07-05Set/Reset Deadlines: Joint Status Report due by 9/30/2022. (tb) (Entered: 07/05/2022)
2022-09-3024Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 09/30/2022)
2022-09-30MINUTE ORDER: Upon consideration of 24 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report advising the Court of the status of this matter by not later than December 30, 2022. SO ORDERED. Signed by Judge John D. Bates on 9/30/2022. (lcjdb3) (Entered: 09/30/2022)
2022-10-03Set/Reset Deadlines: Joint Status Report due by 12/30/2022. (tb) (Entered: 10/03/2022)
2022-12-2725Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 12/27/2022)
2022-12-27MINUTE ORDER: Upon consideration of 25 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report advising the Court of the status of this matter by not later than March 30, 2023. SO ORDERED. Signed by Judge John D. Bates on 12/27/2022. (lcjdb3) (Entered: 12/27/2022)
2022-12-28Set/Reset Deadlines: Joint Status Report due by 3/23/2023. (tb) (Entered: 12/28/2022)
2023-03-3026Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 03/30/2023)
2023-03-30MINUTE ORDER: Upon consideration of 26 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than June 23, 2023. SO ORDERED. Signed by Judge John D. Bates on 3/30/2023. (lcjdb3) (Entered: 03/30/2023)
2023-04-04Set/Reset Deadlines: Joint Status Report due by 6/23/2023. (tb) (Entered: 04/04/2023)
2023-06-2327Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 06/23/2023)
2023-06-23MINUTE ORDER: Upon consideration of 27 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than September 22, 2023. SO ORDERED. Signed by Judge John D. Bates on 6/23/2023. (lcjdb3) (Entered: 06/23/2023)
2023-09-2228Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 09/22/2023)
2023-09-24MINUTE ORDER: Upon consideration of 28 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than November 17, 2023. Signed by Judge John D. Bates on 9/24/2023. (lcjdb3) (Entered: 09/24/2023)
2023-09-24Set/Reset Deadlines: Joint Status Report due by 11/17/2023. (zed) (Entered: 09/25/2023)
2023-11-1729Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 11/17/2023)
2023-11-20MINUTE ORDER: Upon consideration of 29 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a further joint status report by not later than January 17, 2024. Considering the year-long delay between completion of FOIA processing and production in December 2022 and the next status report, the Court expects the parties to provide a detailed explanation of how they plan to proceed, including a schedule for briefing any motions. SO ORDERED. Signed by Judge John D. Bates on 11/20/2023. (lcjdb3) (Entered: 11/20/2023)
2024-01-1730Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES. (Duffey, Thomas) (Entered: 01/17/2024)
2024-01-18MINUTE ORDER: Upon consideration of 30 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a further joint status report by not later than March 18, 2024. The Court expects the parties to provide a detailed explanation of how they plan to proceed, including a schedule for briefing any motions. SO ORDERED. Signed by Judge John D. Bates on 1/18/2024. (lcjdb3) (Entered: 01/18/2024)
2024-03-1831Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES. (Duffey, Thomas) (Entered: 03/18/2024)
2024-03-19MINUTE ORDER: Upon consideration of 31 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a further joint status report by not later than June 18, 2024. The Court expects the parties to provide a detailed explanation of how they plan to proceed, including a schedule for briefing any motions. SO ORDERED. Signed by Judge John D. Bates on 3/19/2024. (lcjdb3) (Entered: 03/19/2024)
2024-03-19Set/Reset Deadlines: Status Report due by 6/18/2024. (zed) (Entered: 03/20/2024)
2024-06-1832Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES. (Duffey, Thomas) (Entered: 06/18/2024)
2024-06-19MINUTE ORDER: Upon consideration of 32 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a further joint status report by not later than September 18, 2024. The Court expects the parties to provide a detailed explanation of how they plan to proceed, including a schedule for briefing any motions. SO ORDERED. Signed by Judge John D. Bates on 6/19/2024. (lcjdb3) (Entered: 06/19/2024)
2024-09-1833Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES. (Duffey, Thomas) (Entered: 09/18/2024)
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