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Case TitleState of Florida et al v. United States Department of Justice
DistrictMiddle District of Florida
CityTampa
Case Number8:2023cv00583
Date Filed2023-03-15
Date Closed2023-06-26
JudgeJudge Kathryn Kimball Mizelle
PlaintiffState of Florida
PlaintiffFlorida Agency for Health Care Administration
Case DescriptionThe Florida Agency for Health Care Administration submitted a FOIA request to the Department of Justice for records concerning the March 2022 HHS Guidance and the March 2022 CRT Letter. AHCA also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted AHCA's request for expedited processing. However, after hearing nothing further from the agency, AHCA filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-151COMPLAINT against United States Department of Justice (Filing fee $402 receipt number AFLMDC-20613878) filed by State of Florida, Florida Agency for Health Care Administration. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons)(Jazil, Mohammad) (Entered: 03/15/2023)
2023-03-152NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Thomas G. Wilson. New case number: 8:23-cv-0583-KKM-TGW. (SJB) (Entered: 03/15/2023)
2023-03-153CERTIFICATE of interested persons and corporate disclosure statement by Florida Agency for Health Care Administration, State of Florida. (Jazil, Mohammad) (Entered: 03/15/2023)
2023-03-154SUMMONS issued as to United States Department of Justice, Roger B. Handberg, US Attorney for Middle District of Florida, Attorney General for the United States (SET) (Entered: 03/15/2023)
2023-03-165CIVIL CASE ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template on the undersigned's website under the "forms" tab within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 3/16/2023. (JMP) (Entered: 03/16/2023)
2023-03-166STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 3/16/2023. (ABC) (Entered: 03/16/2023)
2023-03-167PROOF of service by Florida Agency for Health Care Administration, State of Florida (Jazil, Mohammad) (Entered: 03/16/2023)
2023-03-178ENDORSED ORDER: The Florida Agency for Health Care Administration attempts to prove service by submitting unsigned, certified mail receipts, and claiming that service is effective under Rule 4(i) "immediately upon the 'send[ing]'" of the summons and the complaint by certified mail. (Doc. 7 (quoting Fed. R. Civ. P. 4(i).) But the Agency fails to prove service. "Service by certified mail... requires the addressee or his authorized agent to sign the return receipt." Fuqua v. Turner , 996 F.3d 1140, 1155 (11th Cir. 2021). Therefore, to prove service of the United States under Rule 4(i), the Agency must submit signed return receipts. Signed by Judge Kathryn Kimball Mizelle on 3/17/2023. (JMP) (Entered: 03/17/2023)
2023-03-239NOTICE of a related action per Local Rule 1.07(c) by Florida Agency for Health Care Administration, State of Florida. Related case(s): No (Jazil, Mohammad) (Entered: 03/23/2023)
2023-03-2810PROOF of service by Florida Agency for Health Care Administration, State of Florida (Jazil, Mohammad) (Entered: 03/28/2023)
2023-03-2811RETURN of service executed by Florida Agency for Health Care Administration, State of Florida (Jazil, Mohammad) Modified text on 3/29/2023 (SET). (Entered: 03/28/2023)
2023-03-3112***VACATED pursuant to Doc 14 Endorsed Order*** ENDORSED ORDER: The 5 Civil Case Order requires the Plaintiffs to submit a corporate disclosure statement and a notice of related action, but the Plaintiffs fail to timely comply. The Plaintiffs must submit the requisite documents no later than April 7, 2023. Signed by Judge Kathryn Kimball Mizelle on 3/31/2023. (JMP) Modified text on 4/3/2023 (SET). (Entered: 03/31/2023)
2023-03-3113NOTICE by Florida Agency for Health Care Administration, State of Florida re 12 Order. (Hart, Joseph) Modified text on 4/3/2023 (SET). (Entered: 03/31/2023)
2023-04-0314ENDORSED ORDER: This Court's March 31, 2023 order (Doc. 12) is VACATED because it was entered in error. Signed by Judge Kathryn Kimball Mizelle on 4/3/2023. (JMP) (Entered: 04/03/2023)
2023-04-1715ANSWER and affirmative defenses to 1 Complaint, by United States Department of Justice.(Leuthauser, Stephanie) (Entered: 04/17/2023)
2023-04-1716CORPORATE Disclosure Statement by United States Department of Justice. (Leuthauser, Stephanie) (Entered: 04/17/2023)
2023-04-1717NOTICE of a related action per Local Rule 1.07(c) by United States Department of Justice. Related case(s): No (Leuthauser, Stephanie) (Entered: 04/17/2023)
2023-05-3118ENDORSED ORDER: The 5 Civil Case Order requires the Parties to submit a Case Management Report, but the Parties fail to timely comply. The Parties must submit a Case Management Report no later than June 14, 2023. Signed by Judge Kathryn Kimball Mizelle on 5/31/2023. (JMP) (Entered: 05/31/2023)
2023-05-3119MOTION for Miscellaneous Relief, specifically relief from the initial and expert disclosure requirements outlined in Federal Rules of Civil Procedure 26(a)(1) and 26(a)(2), and the discovery requirements of Rule 26(f) and Local Rule 3.02 by Florida Agency for Health Care Administration, State of Florida. (Jazil, Mohammad) (Entered: 05/31/2023)
2023-06-0120ENDORSED ORDER: The Plaintiffs' 19 unopposed motion for relief from the initial and expert disclosure requirements of Rule 26(a)(1)-(2), Fed. R. Civ. P., and the case management requirements of Rule 26(f), id. , and Local Rule 3.02 is GRANTED. The Parties must propose a deadline for dispositive motions no later than June 15, 2023. Signed by Judge Kathryn Kimball Mizelle on 6/1/2023. (JMP) (Entered: 06/01/2023)
2023-06-1521Joint MOTION to Stay and for Entry of Agreed Order Setting Production Schedule by Florida Agency for Health Care Administration, State of Florida. (Jazil, Mohammad) (Entered: 06/15/2023)
2023-06-1622ENDORSED ORDER: The Parties' 21 Joint Motion for an Indefinite Stay and for Entry of Agreed Order Setting a Production schedule is GRANTED-IN-PART and DENIED-IN-PART. No later than June 23, 2023, the Parties should submit an amended stipulation for the Court's signature. The amended stipulation must propose a temporary stay of proceedings effective until January 31, 2024, and during the stay, the Parties must file joint status reports starting on September 21, 2023, and every ninety days thereafter. Signed by Judge Kathryn Kimball Mizelle on 6/16/2023. (JMP) (Entered: 06/16/2023)
2023-06-2223Joint MOTION for Miscellaneous Relief, specifically for Entry of Agreed Order Setting Production Schedule and for a Temporary Stay of Proceedings Amended by Florida Agency for Health Care Administration, State of Florida. (Jazil, Mohammad) (Entered: 06/22/2023)
2023-06-2324ORDER: The parties' joint motion for entry of agreed order setting production schedule and for a temporary stay of proceedings, (Doc. 23 ), is GRANTED. This action is TEMPORARILY STAYED until January 31, 2024. During the stay, the Parties must submit joint status reports starting on September 21, 2023, and every ninety days thereafter, informing the Court of the status of DOJ's adherence to the stipulated production schedule and whether the Parties anticipate that the Court's assistance will be necessary. The Clerk is directed to ADMINISTRATIVELY CLOSE this action, and to REOPEN this action on January 31, 2024. Signed by Judge Kathryn Kimball Mizelle on 6/23/2023. (JMP) (Entered: 06/23/2023)
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