| Date Filed | Doc # | Docket Text |
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| 2022-08-30 | 1 | COMPLAINT against Centers for Medicare and Medicaid Services (Filing fee $402 receipt number AFLMDC-19939972) filed by The Foundation for Government Accountability. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit FOIA Requests, # 3 Proposed Summons USAO Summons, # 4 Proposed Summons USAG Summons, # 5 Proposed Summons CMS Summons)(Sasso, Michael) (Entered: 08/30/2022) |
| 2022-08-30 | 2 | NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:22-cv-0534-JLB-KCD. (SJB) (Entered: 08/30/2022) |
| 2022-08-30 | 3 | MOTION for Jeffrey M. Harris to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19941056 for $150 by The Foundation for Government Accountability. (Bonta, Christian) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 08/30/2022) |
| 2022-08-30 | 4 | MOTION for Frank H. Chang to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19941131 for $150 by The Foundation for Government Accountability. (Bonta, Christian) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 08/30/2022) |
| 2022-08-30 | 5 | ENDORSED ORDER granting 4 Motion to Appear Pro Hac Vice, which complies with Local Rule 2.01(c). Unless non-resident attorney Frank H. Chang already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 8/30/2022. (Dudek, Kyle) (Entered: 08/30/2022) |
| 2022-08-30 | 6 | ENDORSED ORDER granting 3 Motion to Appear Pro Hac Vice, which complies with Local Rule 2.01(c). Unless non-resident attorney Jeffrey M. Harris already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 8/30/2022. (Dudek, Kyle) (Entered: 08/30/2022) |
| 2022-08-30 | 7 | NOTICE of Appearance by Jeffrey M. Harris on behalf of The Foundation for Government Accountability (Harris, Jeffrey) (Entered: 08/30/2022) |
| 2022-08-30 | 8 | NOTICE of Appearance by Frank Hyok Chang on behalf of The Foundation for Government Accountability (Chang, Frank) (Entered: 08/30/2022) |
| 2022-08-30 | 9 | CERTIFICATE of interested persons and corporate disclosure statement by The Foundation for Government Accountability. (Harris, Jeffrey) (Entered: 08/30/2022) |
| 2022-09-06 | 10 | SUMMONS issued as to Centers for Medicare and Medicaid Services, U.S. Attorney and U.S. Attorney General. (SPB) (Entered: 09/06/2022) |
| 2022-09-06 | 11 | CIVIL Action Order. Signed by All Divisional Judges on 9/6/2022. (SPB) (Entered: 09/06/2022) |
| 2022-09-13 | 12 | RETURN of service executed on 9/12/2022 by The Foundation for Government Accountability as to Centers for Medicare and Medicaid Services. (Harris, Jeffrey) Modified on 9/19/2022, Counsel notified to refile separately and using the correct event. (SPB). (Entered: 09/13/2022) |
| 2022-09-19 | 13 | SUMMONS returned executed by The Foundation for Government Accountability. Centers for Medicare and Medicaid Services served on 9/8/2022, answer due 11/7/2022. (Harris, Jeffrey) (Entered: 09/19/2022) |
| 2022-09-19 | 14 | SUMMONS returned executed by The Foundation for Government Accountability. Centers for Medicare and Medicaid Services served on 9/12/2022, answer due 11/14/2022. (Harris, Jeffrey) (Entered: 09/19/2022) |
| 2022-09-19 | 15 | SUMMONS returned executed by The Foundation for Government Accountability. (Harris, Jeffrey) (Entered: 09/19/2022) |
| 2022-10-07 | 16 | ANSWER and affirmative defenses to 1 Complaint, by Centers for Medicare and Medicaid Services.(Spraker, Chad) (Entered: 10/07/2022) |
| 2022-10-11 | 17 | NOTICE of hearing: Preliminary Pretrial Conference set for 11/28/2022 at 09:30 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. Case Management Report due by 11/21/2022.(CGW) (Entered: 10/11/2022) |
| 2022-10-12 | 18 | RULE 7.1 and Local Rule 3.03 Disclosure Statement by Centers for Medicare and Medicaid Services. (Spraker, Chad) (Modified on 10/13/2022 to edit text) (SJW). (Entered: 10/12/2022) |
| 2022-11-21 | 19 | CASE MANAGEMENT REPORT. (Spraker, Chad) (Entered: 11/21/2022) |
| 2022-11-22 | 20 | Unopposed MOTION to Appear Telephonically and/or Virtually by The Foundation for Government Accountability. (Harris, Jeffrey) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 11/23/2022 (SEH). (Entered: 11/22/2022) |
| 2022-11-22 | 21 | Unopposed MOTION to Permit Centers for Medicare and Medicaid Service Witness to Appear by Video at November 28, 2022, Preliminary Pretrial Conference by Centers for Medicare and Medicaid Services. (Spraker, Chad) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 11/23/2022 (SEH). (Entered: 11/22/2022) |
| 2022-11-22 | 22 | ENDORSED ORDER granting 20 Motion to Appear Telephonically. Given the parties' agreement, and otherwise finding good cause, the Court will re-set the preliminary pretrial conference as a Zoom proceeding. Further instructions will follow. Signed by Magistrate Judge Kyle C. Dudek on 11/22/2022. (Dudek, Kyle) (Entered: 11/22/2022) |
| 2022-11-22 | 23 | ENDORSED ORDER granting 21 Motion for Remote Witness Testimony. The Court finds good cause to allow the United States to offer testimony from its proposed witness at the preliminary pretrial conference. Signed by Magistrate Judge Kyle C. Dudek on 11/22/2022. (Dudek, Kyle) (Entered: 11/22/2022) |
| 2022-11-28 | 24 | ORAL MOTION for Extension of Time to File designation of lead counsel by 12/5/2022. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 11/28/2022) |
| 2022-11-28 | 25 | Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 24 ORAL Motion for Extension of Time to File designation of lead counsel by 12/5/2022; PRELIMINARY PRETRIAL CONFERENCE held on 11/28/2022. (Digital) (CGW) (Entered: 11/28/2022) |
| 2022-11-28 | 27 | FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/12/2023; Joinder of Parties due by 1/12/2023; Discovery due by 4/28/2023; Dispositive motions due by 7/7/2023; Conduct mediation hearing by 6/16/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 11/28/2022. (CGW) (Entered: 11/28/2022) |
| 2022-11-29 | 28 | NOTICE of Lead Counsel Designation by Chad C. Spraker on behalf of Centers for Medicare and Medicaid Services. Lead Counsel: Chad C. Spraker. (Spraker, Chad) (Entered: 11/29/2022) |
| 2022-12-05 | 29 | NOTICE of Lead Counsel Designation by Jeffrey M. Harris on behalf of The Foundation for Government Accountability. Lead Counsel: Jeffrey M. Harris. (Harris, Jeffrey) (Entered: 12/05/2022) |
| 2023-02-02 | 30 | NOTICE of hearing: Mediation Conference set for 6/6/2023 at 09:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. (CGW) (Entered: 02/02/2023) |
| 2023-04-27 | 31 | MOTION for Extension of Time to Complete Discovery (Extend Case Management Order) by Centers for Medicare and Medicaid Services. (Spraker, Chad) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 04/27/2023) |
| 2023-04-28 | 32 | RESPONSE in Opposition re 31 MOTION for Extension of Time to Complete Discovery (Extend Case Management Order) filed by The Foundation for Government Accountability. (Harris, Jeffrey) (Entered: 04/28/2023) |
| 2023-04-28 | 33 | REPLY to Response to Motion re 31 MOTION for Extension of Time to Complete Discovery (Extend Case Management Order) filed by Centers for Medicare and Medicaid Services. (Spraker, Chad) (Entered: 04/28/2023) |
| 2023-05-03 | 34 | ORDER granting 31 Motion for Extension of Current Case Management Order Deadlines. The deadline for completion of FOIA production and delivery to Plaintiff is extended to May 30, 2023. The Court will enter an amended schedule, extending all other deadlines by 30 days. Signed by Magistrate Judge Kyle C. Dudek on 5/3/2023. (CGW) (Entered: 05/03/2023) |
| 2023-05-03 | 35 | AMENDED FOIA CASE MANAGEMENT AND SCHEDULING ORDER: See Order for further dates and details. Signed by Magistrate Judge Kyle C. Dudek on 5/3/2023. (CGW) (Entered: 05/03/2023) |
| 2023-05-31 | 36 | NOTICE OF RESCHEDULING HEARING (TO TAKE PLACE VIA ZOOM): Settlement Conference set for 6/6/2023 at 09:00 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Zoom instructions will be sent via separate email to counsel of record. (CGW) (Entered: 05/31/2023) |
| 2023-06-02 | 37 | Consent MOTION to Continue settlement conference by The Foundation for Government Accountability. (Harris, Jeffrey) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 6/2/2023 (JK). (Entered: 06/02/2023) |
| 2023-06-02 | 38 | ENDORSED ORDER granting 37 Motion to Continue Settlement Conference. Given the parties consent to the relief requested, and the Court otherwise finding good cause, the settlement conference will be rescheduled to July 13, 2023. The Court will provide Zoom information under separate notice. Signed by Magistrate Judge Kyle C. Dudek on 6/2/2023. (Dudek, Kyle) (Entered: 06/02/2023) |
| 2023-06-05 | 39 | NOTICE OF RESCHEDULING HEARING: The Settlement Conference hearing previously scheduled for 6/6/23 is rescheduled. New scheduling date and time: Settlement Conference set for 7/13/2023 at 09:00 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Zoom instructions will be sent via separate email to counsel of record. (CGW) (Entered: 06/05/2023) |
| 2023-07-13 | 40 | Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: SETTLEMENT CONFERENCE held on 7/13/2023. (N/A) (CGW) (Entered: 07/13/2023) |
| 2023-07-21 | 41 | MOTION for Extension of case deadlines by The Foundation for Government Accountability. (Harris, Jeffrey) Modified on 7/21/2023 to edit the docket text (RPB). Modified on 7/24/2023 (JTM). (Entered: 07/21/2023) |
| 2023-07-24 | 42 | ENDORSED ORDER granting 41 the parties' request to modify the summary judgment briefing schedule. The summary judgment briefing schedule will be: August 7 CMS's motion for summary judgment due; September 5 FGA's response to CMS's summary-judgment motion & cross-motion for summary judgment due; October 3 CMS's reply in support of its summary-judgment motion & response to FGA's cross-motion due; October 16 FGA's reply in support of its cross-motion for summary judgment due. The deadline for the joint status report remains 14-days following the Court's decision on summary judgment. Signed by Magistrate Judge Kyle C. Dudek on 7/24/2023. (BLW) (Entered: 07/24/2023) |
| 2023-08-02 | 43 | Unopposed MOTION for Miscellaneous Relief, specifically To Extend Briefing Schedule by Centers for Medicare and Medicaid Services. (Spraker, Chad) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 08/02/2023) |
| 2023-08-02 | 44 | ENDORSED ORDER granting 43 Motion to Extend Briefing Schedule. Given Defendant's representation that this dispute may be rendered moot by its compliance with 45. C.F.R. § 5.42, the Court will extend the briefing schedule to accommodate. A new case management order will follow extending all briefing deadlines by 45-days. Finally, in the event this case continues to summary judgment, Plaintiff can seek an expedited briefing schedule as noted in the 3.01(g) certificate. Signed by Magistrate Judge Kyle C. Dudek on 8/2/2023. (Dudek, Kyle) (Entered: 08/02/2023) |
| 2023-08-03 | 45 | SECOND AMENDED FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 9/21/2023. See Order for further dates and deadlines. Signed by Magistrate Judge Kyle C. Dudek on 8/3/2023. (CGW) (Entered: 08/03/2023) |
| 2023-09-21 | 46 | Joint NOTICE of Partial Resolution by Centers for Medicare and Medicaid Services (Spraker, Chad) Modified on 9/22/2023 as to docket text (ARL). (Entered: 09/21/2023) |
| 2023-09-26 | 47 | TEXT ORDER. The parties filed a Joint Notice of Partial Resolution, in which they requested a virtual status conference to "address the matters remaining for resolution in this case." (Doc. 46 ). The Court GRANTS that request. A status conference shall be held on October 3, 2023, at 11:00 a.m. (ET) via Zoom Video Conference. The parties will receive a separate Zoom invitation by email. Signed by Judge John L. Badalamenti on 9/26/2023. (RHG) (Entered: 09/26/2023) |
| 2023-09-26 | 48 | NOTICE of hearing: re: 47 Text Order. Status Conference set for 10/3/2023 at 11:00 AM via Zoom Video Conference before Judge John L. Badalamenti. Join ZoomGov Meeting https://www.zoomgov.com/j/1608536644?pwd=YjIzaytRazY0YjQvOWVPcUdjQllldz09 Meeting ID: 160 853 6644 ; Passcode: 065311 (JGG) (Entered: 09/26/2023) |
| 2023-10-03 | 49 | TEXT ORDER. The Court held a status conference on 10/3/2023 ( see Docs. 47, 48). At the status conference, the parties represented to the Court that they have engaged and will continue to engage in good faith settlement negotiations to resolve the remaining issues in this matter. Accordingly, this case and all existing deadlines in the Second Amended FOIA Case Management and Scheduling Order (Doc. 45 ) are STAYED until further order of the Court. The Clerk of Court is DIRECTED to STAY the case and place a STAY FLAG on the file. The parties shall file a status report no later than 11/3/2023, informing the Court of the status of their negotiations. Should the parties reach a resolution before 11/3/2023, the parties shall inform the Court of such resolution as soon as reasonably practicable. Signed by Judge John L. Badalamenti on 10/3/2023. (RHG) (Entered: 10/03/2023) |
| 2023-10-03 | 50 | Minute Entry. Virtual Proceedings held before Judge John L. Badalamenti: STATUS CONFERENCE held on 10/3/2023. Court Reporter: Vonni Bray (JGG) (Entered: 10/03/2023) |
| 2023-10-03 | | Case Stayed. (BD) (Entered: 10/04/2023) |
| 2023-11-03 | 51 | JOINT STATUS report by Centers for Medicare and Medicaid Services. (Spraker, Chad) Modified text on 11/3/2023 (KME). (Entered: 11/03/2023) |
| 2023-11-06 | 52 | ENDORSED ORDER. In the 51 Joint Status Report the parties inform the Court that settlement discussions continue. Thus, by 11/17/23, the parties must file their next status report. Signed by Magistrate Judge Kyle C. Dudek on 11/6/2023. (BLW) (Entered: 11/06/2023) |
| 2023-11-17 | 53 | NOTICE of voluntary dismissal by The Foundation for Government Accountability (Harris, Jeffrey) (Entered: 11/17/2023) |
| 2023-11-21 | 54 | TEXT ORDER. The parties have filed a Notice of Voluntary Dismissal. (Doc. 53 ). Because both parties signed the Notice and the Notice cites Federal Rule of Civil Procedure 41(a)(1)(A)(ii) ( see Doc. 53 at 1), the Court construes the Notice as a stipulation under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The stipulation is self-executing. See Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, the Clerk of Court is DIRECTED to terminate any pending deadlines and motions and close the file. Signed by Judge John L. Badalamenti on 11/21/2023. (RHG) (Entered: 11/21/2023) |
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