| Date Filed | Doc # | Docket Text |
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| 2021-07-27 | 1 | COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES ( Filing fee $ 402 receipt number ADCDC-8624814) filed by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons USAO-DC, # 7 Summons CMS, # 8 Summons USAG)(Mulvey, Ryan) (Entered: 07/27/2021) |
| 2021-07-27 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICANS FOR PROSPERITY FOUNDATION (Mulvey, Ryan) (Entered: 07/27/2021) |
| 2021-07-27 | | Case Assigned to Judge Carl J. Nichols. (adh, ) (Entered: 07/27/2021) |
| 2021-07-27 | 3 | SUMMONS (3) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/27/2021) |
| 2021-07-28 | 4 | NOTICE of Appearance by Eric R. Bolinder on behalf of AMERICANS FOR PROSPERITY FOUNDATION (Bolinder, Eric) (Entered: 07/28/2021) |
| 2021-07-30 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/28/2021. Answer due for ALL FEDERAL DEFENDANTS by 8/27/2021. (Mulvey, Ryan) (Entered: 07/30/2021) |
| 2021-07-30 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 7/30/2021 (Mulvey, Ryan) (Entered: 07/30/2021) |
| 2021-08-03 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/02/2021. (Mulvey, Ryan) (Entered: 08/03/2021) |
| 2021-08-23 | 8 | NOTICE of Appearance by Paul Cirino on behalf of CENTERS FOR MEDICARE & MEDICAID SERVICES (Cirino, Paul) (Entered: 08/23/2021) |
| 2021-08-27 | 9 | ANSWER to Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES.(Cirino, Paul) (Entered: 08/27/2021) |
| 2021-09-23 | | MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before October 14, 2021. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's requests and any discussions regarding whether Plaintiff's requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on September 23, 2021. (lccjn1) (Entered: 09/23/2021) |
| 2021-09-23 | | Set/Reset Deadlines: Joint Status Report due by 10/14/2021. (zcal) (Entered: 09/24/2021) |
| 2021-10-14 | 10 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Cirino, Paul) (Entered: 10/14/2021) |
| 2021-10-18 | | MINUTE ORDER. Upon consideration of the 10 Joint Status Report, it is ORDERED the Parties shall file an additional joint status report by December 13, 2021, advising the Court of the status of this matter and including a proposal for further proceedings. Signed by Judge Carl J. Nichols on October 18, 2021. (lccjn1) (Entered: 10/18/2021) |
| 2021-12-13 | 11 | Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 12/13/2021) |
| 2021-12-14 | 12 | STANDING ORDER. Signed by Judge Carl J. Nichols on December 14, 2021. (lccjn1) (Entered: 12/14/2021) |
| 2021-12-14 | | MINUTE ORDER. Upon review of the 11 Joint Status Report, it is ORDERED that the Parties shall file, by January 28, 2022, an additional joint status report and including a proposal for further proceedings. Signed by Judge Carl J. Nichols on December 14, 2021. (lccjn1) (Entered: 12/14/2021) |
| 2021-12-25 | 13 | NOTICE OF SUBSTITUTION OF COUNSEL by Bradley Silverman on behalf of CENTERS FOR MEDICARE & MEDICAID SERVICES Substituting for attorney Paul Cirino (Silverman, Bradley) (Entered: 12/25/2021) |
| 2022-01-27 | 14 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 01/27/2022) |
| 2022-02-02 | | MINUTE ORDER. Upon consideration of the 14 Joint Status Report, it is ORDERED that the Parties shall file, by February 28, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on February 2, 2022. (lccjn1) (Entered: 02/02/2022) |
| 2022-02-28 | 15 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 02/28/2022) |
| 2022-03-04 | | MINUTE ORDER. Upon consideration of the 15 Joint Status Report, it is ORDERED that the Parties shall file, by April 1, 2022, an additional joint status report, including the status of Defendant's response to Plaintiff's request and a proposal for further proceedings. Signed by Judge Carl J. Nichols on March 4, 2022. (lccjn1) (Entered: 03/04/2022) |
| 2022-03-31 | 16 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 03/31/2022) |
| 2022-04-05 | | MINUTE ORDER. Upon consideration of the 16 Joint Status Report, it is ORDERED that the Parties shall file, by May 2, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on April 5, 2022. (lccjn1) (Entered: 04/05/2022) |
| 2022-05-02 | 17 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 05/02/2022) |
| 2022-06-02 | 18 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 06/02/2022) |
| 2022-06-06 | | MINUTE ORDER. Upon consideration of the 18 Joint Status Report, it is ORDERED that the Parties shall file, by July 5, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on June 6, 2022. (lccjn1) (Entered: 06/06/2022) |
| 2022-07-05 | 19 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 07/05/2022) |
| 2022-07-11 | | MINUTE ORDER. Upon consideration of the 19 Joint Status Report, it is ORDERED that the Parties shall file, by August 12, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on July 11, 2022. (lccjn1) (Entered: 07/11/2022) |
| 2022-08-12 | 20 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 08/12/2022) |
| 2022-08-18 | | MINUTE ORDER. Upon consideration of the 20 Joint Status Report, it is ORDERED that the parties shall file an additional joint status report by September 12, 2022 and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on August 18, 2022. (lccjn1) (Entered: 08/18/2022) |
| 2022-09-12 | 21 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 09/12/2022) |
| 2022-10-05 | 22 | Joint MOTION for Briefing Schedule by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 10/05/2022) |
| 2022-10-11 | | MINUTE ORDER. Upon consideration of the 22 Joint Motion for Briefing Schedule, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall file its motion for summary judgment by November 14, 2022; Plaintiff shall file its opposition to Defendant's motion and any cross-motion for summary judgment by December 12, 2022; Defendant shall file its reply in support of its motion and its opposition to Plaintiff's cross-motion by January 16, 2023; and Plaintiff shall file its reply in support of its cross-motion by February 6, 2023. Signed by Judge Carl J. Nichols on October 11, 2022. (lccjn1) (Entered: 10/11/2022) |
| 2022-10-11 | | Set/Reset Deadlines: Cross Motions due by 12/12/2022. Response to Cross Motions due by 1/16/2023. Reply to Cross Motions due by 2/6/2023. Summary Judgment motions due by 11/14/2022. Response to Motion for Summary Judgment due by 12/12/2022. Reply to Motion for Summary Judgment due by 1/16/2023. (zcal) (Entered: 10/12/2022) |
| 2022-11-11 | 23 | Consent MOTION for Extension of Time to Move for Summary Judgment by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 11/11/2022) |
| 2022-11-13 | | MINUTE ORDER. Upon consideration of Defendant's 23 Consent Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall file its motion for summary judgment by November 15, 2022; Plaintiff shall file its opposition to Defendant's motion and any cross-motion for summary judgment by December 13, 2022; Defendant shall file its reply in support of its motion and its opposition to Plaintiff's cross-motion by January 16, 2023; and Plaintiff shall file its reply in support of its cross-motion by February 6, 2023. Signed by Judge Carl J. Nichols on November 13, 2022. (lccjn1) (Entered: 11/13/2022) |
| 2022-11-13 | | Set/Reset Deadlines: Cross Motions due by 12/13/2022. (zcal) (Entered: 11/14/2022) |
| 2022-11-15 | 24 | MOTION for Summary Judgment by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Hugh Gilmore, # 4 Text of Proposed Order)(Silverman, Bradley) (Entered: 11/15/2022) |
| 2022-12-13 | 25 | Cross MOTION for Summary Judgment by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Pl.'s SUMF, # 3 Statement of Facts Pl.'s Response to Def.'s SUMF, # 4 Declaration of Ryan P. Mulvey, # 5 Text of Proposed Order)(Mulvey, Ryan) (Entered: 12/13/2022) |
| 2022-12-13 | 26 | Memorandum in opposition to re 24 Motion for Summary Judgment filed by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 12/13/2022) |
| 2022-12-13 | 27 | NOTICE of Compliance by AMERICANS FOR PROSPERITY FOUNDATION (Mulvey, Ryan) (Entered: 12/13/2022) |
| 2023-01-12 | 28 | Consent MOTION to Modify Briefing Schedule by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 01/12/2023) |
| 2023-01-13 | | MINUTE ORDER. Upon consideration of the 28 Consent Motion to Modify Briefing Schedule, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall file its reply in support of its motion for summary judgment and its opposition to Plaintiff's cross-motion by January 18, 2023; and Plaintiff shall file its reply in support of its cross-motion by February 8, 2023. Signed by Judge Carl J. Nichols on January 13, 2023. (lccjn1) (Entered: 01/13/2023) |
| 2023-01-18 | 29 | REPLY to opposition to motion re 24 Motion for Summary Judgment f filed by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) Modified docket relationship on 1/19/2023 (zed). (Entered: 01/18/2023) |
| 2023-01-18 | 30 | DECLARATION of Hugh Gilmore (2d) by CENTERS FOR MEDICARE & MEDICAID SERVICES re 29 Reply to opposition to Motion filed by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 01/18/2023) |
| 2023-01-18 | 31 | Memorandum in opposition to re 25 Cross MOTION for Summary Judgment filed by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 2d Declaration of Hugh Gilmore, # 2 Response to Plaintiff's Statement of Facts, # 3 Text of Proposed Order)(Silverman, Bradley) Modified docket event/text on 1/19/2023 (zed). (Entered: 01/18/2023) |
| 2023-01-18 | 32 | ERRATA (Corrected Reply in Support of Motion for Summary Judgment and Response in Opposition to Plaintiff's Cross-Motion for Summary Judgment) by CENTERS FOR MEDICARE & MEDICAID SERVICES re 29 Reply to opposition to Motion, 31 Response to motion,. (Attachments: # 1 2d Declaration of Hugh Gilmore)(Silverman, Bradley) (Entered: 01/18/2023) |
| 2023-02-08 | 33 | REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment filed by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 02/08/2023) |
| 2023-07-26 | | MINUTE ORDER. It is ORDERED that the Parties shall appear for a hearing on the 24 , 25 Cross-Motions for Summary Judgment on August 9, 2023, at 3:00 P.M. in Courtroom 17. Signed by Judge Carl J. Nichols on July 26, 2023. (lccjn1) (Entered: 07/26/2023) |
| 2023-08-07 | 34 | NOTICE OF SUPPLEMENTAL AUTHORITY by CENTERS FOR MEDICARE & MEDICAID SERVICES (Silverman, Bradley) (Entered: 08/07/2023) |
| 2023-08-08 | 35 | RESPONSE re 34 NOTICE OF SUPPLEMENTAL AUTHORITY filed by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 08/08/2023) |
| 2023-08-09 | | Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 8/9/2023 re 25 Cross MOTION for Summary Judgment filed by AMERICANS FOR PROSPERITY FOUNDATION, 24 MOTION for Summary Judgment filed by CENTERS FOR MEDICARE & MEDICAID SERVICES. After oral argument, the Court ORDERS the Government to file a submission by 8/23/2023. Plaintiff shall file a supplemental memorandum in response to the government's submission of no more than five pages by 8/30/2023. (Court Reporter Lorraine Herman) (nbn) (Entered: 08/09/2023) |
| 2023-08-18 | 36 | Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 08/18/2023) |
| 2023-08-23 | 37 | SEALED DOCUMENT filed by CENTERS FOR MEDICARE & MEDICAID SERVICES(This document is SEALED and only available to authorized persons.)(Silverman, Bradley) (Entered: 08/23/2023) |
| 2023-08-23 | 38 | NOTICE of Lodging by CENTERS FOR MEDICARE & MEDICAID SERVICES re 37 Sealed Document (Silverman, Bradley) (Entered: 08/23/2023) |
| 2023-08-30 | 39 | SUPPLEMENTAL MEMORANDUM to re 25 Cross MOTION for Summary Judgment filed by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 08/30/2023) |
| 2023-08-30 | 40 | MOTION for Order to Exclude Ex Parte Declaration by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Mulvey, Ryan) (Entered: 08/30/2023) |
| 2023-09-13 | 41 | RESPONSE re 40 MOTION for Order to Exclude Ex Parte Declaration filed by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Silverman, Bradley) (Entered: 09/13/2023) |
| 2023-09-20 | 42 | REPLY to opposition to motion re 40 MOTION for Order to Exclude Ex Parte Declaration filed by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 09/20/2023) |
| 2024-02-13 | 43 | MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on February 13, 2024. (lccjn1) (Entered: 02/13/2024) |
| 2024-02-13 | 44 | ORDER granting 24 Defendant's Motion for Summary Judgment, denying 25 Plaintiff's Motion for Summary Judgment, and denying 40 Plaintiff's Motion to Exclude. Signed by Judge Carl J. Nichols on February 13, 2024. (lccjn1) (Entered: 02/13/2024) |
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