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Case TitleFAMILY HEALTHCARE NETWORK v. CENTERS FOR MEDICARE AND MEDICAID SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01196
Date Filed2022-04-29
Date Closed2023-06-14
JudgeJudge Tanya S. Chutkan
PlaintiffFAMILY HEALTHCARE NETWORK
Case DescriptionFamily Healthcare Network submitted FOIA requests to the Centers for Medicare and Medicaid Services for records concerning licensing determination for various rural health clinic. The agency acknowledged receipt of the request. The agency told FHN that it located 494 pages of responsive record as to one application. However, after hearing nothing further from the agency, FHN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-291COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES ( Filing fee $ 402 receipt number ADCDC-9205025) filed by FAMILY HEALTHCARE NETWORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Waters, Edward) (Entered: 04/29/2022)
2022-05-02Case Assigned to Judge Tanya S. Chutkan. (zmh) (Entered: 05/02/2022)
2022-05-02NOTICE OF ERROR re 1 Complaint; emailed to ewaters@ftlf.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. Missing/incorrect summonses. Please submit using the event Request for Summons to issue. (zmh, ) (Entered: 05/02/2022)
2022-05-022REQUEST FOR SUMMONS TO ISSUE re 1 Complaint filed by FAMILY HEALTHCARE NETWORK. Related document: 1 Complaint filed by FAMILY HEALTHCARE NETWORK. (Attachments: # 1 Summons)(Waters, Edward) (Entered: 05/02/2022)
2022-05-023ENTERED IN ERROR.....SUMMONS (3) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) Modified on 5/11/2022 (znmw). (Entered: 05/02/2022)
2022-05-11NOTICE OF ERROR regarding 3 Summons Issued Electronically. The following error(s) need correction: Other - Incorrect summonses were issued. Please refile correct FOIA summonses to be reissued. (znmw) (Entered: 05/11/2022)
2022-05-164REQUEST FOR SUMMONS TO ISSUE re 1 Complaint filed by FAMILY HEALTHCARE NETWORK. Related document: 1 Complaint filed by FAMILY HEALTHCARE NETWORK. (Attachments: # 1 Summons, # 2 Summons)(Waters, Edward) (Entered: 05/16/2022)
2022-05-165SUMMONS (3) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 05/16/2022)
2022-06-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 6/22/2022. Answer due for ALL D.C. DEFENDANTS by 7/13/2022. (Waters, Edward) (Entered: 06/23/2022)
2022-07-067NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 07/06/2022)
2022-07-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/27/2022. (Waters, Edward) (Entered: 07/18/2022)
2022-07-189RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) served on 6/23/2022 (Waters, Edward) (Entered: 07/18/2022)
2022-07-2110ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS).(McBride, Patricia) (Entered: 07/21/2022)
2022-07-21MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than September 6, 2022. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/21/22. (DJS) (Entered: 07/21/2022)
2022-07-26Set/Reset Deadlines: Joint Status Report due by 9/6/2022. (tb) (Entered: 07/26/2022)
2022-09-0611Unopposed MOTION for Extension of Time to by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (McBride, Patricia) (Entered: 09/06/2022)
2022-09-09MINUTE ORDER granting nunc pro tunc 11 Motion for Extension of Time . The parties' Joint Status Report, see July 21, 2022 Min. Order, is now due September 19, 2022 . Signed by Judge Tanya S. Chutkan on 9/9/2022. (lcac) (Entered: 09/09/2022)
2022-09-12Set/Reset Deadlines: Joint Status Report due by 9/19/2022. (tb) (Entered: 09/12/2022)
2022-09-2012Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (McBride, Patricia) (Entered: 09/20/2022)
2022-10-03MINUTE ORDER: It does not appear from the parties' 12 Joint Status Report that they have meaningfully conferred about an appropriate timeline for and the possibility of producing requests or communications regarding the two Sierra View facilities. See JSR 9. The parties are therefore ORDERED to meet and confer as to this issue, and update the court on their positions via Joint Status Report on or before November 22, 2022 . That Joint Status Report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/3/2022. (lcac) (Entered: 10/03/2022)
2022-10-04Set/Reset Deadlines: Joint Status Report due by 11/22/2022. (tb) (Entered: 10/04/2022)
2022-11-1713Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (McBride, Patricia) (Entered: 11/17/2022)
2023-01-2614Joint MOTION for Leave to File by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (McBride, Patricia) (Entered: 01/26/2023)
2023-01-30MINUTE ORDER: The parties' 14 Motion for Leave to File is hereby GRANTED. The parties next joint status report shall be due no later than April 10, 2023, and a status conference is hereby set for April 12, 2023, at 10:00 AM in Courtroom 9. In the joint status report Defendant shall describe all efforts taken to locate any responsive pages regarding the Sierra Strathmore Facility and the parties shall set forth their positions regarding whether this case should proceed to summary judgment briefing, and if so, propose a schedule. Signed by Judge Tanya S. Chutkan on 1/30/2023. (lcja) (Entered: 01/30/2023)
2023-01-31Set/Reset Deadlines/Hearings: Joint Status Report due by 4/10/2023. Status Conference set for 4/12/2023 at 10:00 AM in Courtroom 9- In Person before Judge Tanya S. Chutkan. (tb) (Entered: 01/31/2023)
2023-04-1015Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (McBride, Patricia) (Entered: 04/10/2023)
2023-04-10MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before May 31, 2023. It is further ORDERED that the status conference in this matter scheduled for April 12, 2023 is cancelled. Signed by Judge Tanya S. Chutkan on 4/10/2023. (lcja) (Entered: 04/10/2023)
2023-04-11Set/Reset Deadlines: Joint Status Report due by 5/31/2023. (tb) (Entered: 04/11/2023)
2023-05-3116Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (McBride, Patricia) (Entered: 05/31/2023)
2023-06-01Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the Parties will file a joint status report on or before June 16, 2023, proposing a path forward in this case or seeking dismissal. If seeking dismissal, then the parties shall file a stipulation of dismissal; otherwise, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 06/01/2023. (lcja) (Entered: 06/01/2023)
2023-06-04Set/Reset Deadlines/Hearings: Joint Status Report due by 6/16/2023. (zcdw) (Entered: 06/04/2023)
2023-06-1417STIPULATION of Dismissal by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (McBride, Patricia) (Entered: 06/14/2023)
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by FOIA Project Staff
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