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Case TitleGOVERNMENT ACCOUNTABILITY & OVERSIGHT v. CENTERS FOR MEDICARE & MEDICAID SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01712
Date Filed2023-06-13
Date ClosedOpen
JudgeJudge Sparkle L. Sooknanan
PlaintiffGOVERNMENT ACCOUNTABILITY & OVERSIGHT
Case DescriptionGovernment Accountability and Oversight submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning certain described correspondence. GAO also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, GAO filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantUNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantDEPARTMENT OF HEALTH & HUMAN SERVICES
DefendantUNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-131COMPLAINT Under the Freedom of Information Act against CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-10134938) filed by GOVERNMENT ACCOUNTABILITY & OVERSIGHT. (Attachments: # 1 Summons to HHS, # 2 Summons to US Attorney's Office (Civil Process Clerk), # 3 Summons to US Attorney General, # 4 Summons to CMS, # 5 Civil Cover Sheet)(Hardin, Matthew) (Entered: 06/13/2023)
2023-06-13Case Assigned to Judge Jia M. Cobb. (zcb) (Entered: 06/13/2023)
2023-06-132SUMMONS (5) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 06/13/2023)
2023-06-193NOTICE of Appearance by Christopher Cochran Horner on behalf of GOVERNMENT ACCOUNTABILITY & OVERSIGHT (Horner, Christopher) (Entered: 06/19/2023)
2023-07-114NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 07/11/2023)
2023-07-125Consent MOTION for Extension of Time to File Answer or Otherwise Respond by CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH & HUMAN SERVICES. (Tepe, Sean) (Entered: 07/12/2023)
2023-07-12MINUTE ORDER granting 5 Motion for Extension of Time to Answer: The Court ORDERS that Defendants' Motion is GRANTED. Defendants' Answer to Plaintiff's Complaint is due on July 28, 2023. Signed by Judge Jia M. Cobb on July 12, 2023. (lcjmc1) (Entered: 07/12/2023)
2023-07-286ANSWER to Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH & HUMAN SERVICES.(Tepe, Sean) (Entered: 07/28/2023)
2023-07-31MINUTE ORDER: The Court ORDERS the Parties to confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by August 14, 2023. Signed by Judge Jia M. Cobb on July 31, 2023. (lcjmc1) (Entered: 07/31/2023)
2023-08-147STATUS REPORT by GOVERNMENT ACCOUNTABILITY & OVERSIGHT. (Hardin, Matthew) (Entered: 08/14/2023)
2023-08-218SCHEDULING ORDER re 7 Joint Status Report: In light of the Parties dispute regarding the production of documents, this Court hereby ORDERS that Defendants process at least 500 documents per month, which is a typical rate of processing in FOIA cases. The Court is willing to revisit this issue following the Parties upcoming joint status report, which will be due October 25, 2023. If Defendants believe that 500 documents per month is not feasible going forward, or that any increased rate requested by Plaintiff in the next status report is not feasible, they should provide more detail to justify their position in the upcoming status report. Likewise, Plaintiff may provide more information justifying its requested rate of production if it is not satisfied with the current rate set by this Court. See document for more details. Signed by Judge Jia M. Cobb on August 21, 2023. (lcjmc1) (Entered: 08/21/2023)
2023-08-21Set/Reset Deadlines: Joint Status Report due by 10/25/2023.(zgf) (Entered: 08/25/2023)
2023-10-259Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH & HUMAN SERVICES. (Tepe, Sean) (Entered: 10/25/2023)
2023-11-02MINUTE ORDER: It is hereby ORDERED that there shall be a status conference on November 9, 2023 at 10 AM before Judge Jia M. Cobb to address the disputes raised in the prior joint status reports. The status conference will be conducted via video conference call and the Court shall provide all information necessary to access the hearing. Signed by Judge Jia M. Cobb on November 2, 2023. (lcjmc1) (Entered: 11/02/2023)
2023-11-09Minute Entry for proceedings held before Judge Jia M. Cobb: Status Conference held on 11/9/2023. Interim Joint Status Report due by 12/8/2023. (Court Reporter: Stacy Johns) (zgf) (Entered: 11/09/2023)
2023-11-0910NOTICE OF SUBSTITUTION OF COUNSEL by Tabitha Bartholomew on behalf of All Defendants Substituting for attorney SEAN TEPE (Bartholomew, Tabitha) (Entered: 11/09/2023)
2023-12-0811Interim STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 12/08/2023)
2024-01-2312Consent MOTION for Extension of Time to File Joint Status Report by GOVERNMENT ACCOUNTABILITY & OVERSIGHT. (Hardin, Matthew) (Entered: 01/23/2024)
2024-01-2613Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 01/26/2024)
2024-01-30MINUTE ORDER granting 12 Consent Motion for Extension of Time to File Joint Status Report: The Court hereby ORDERS that the Motion is GRANTED, nunc pro tunc . Signed by Judge Jia M. Cobb on January 30, 2024. (lcjmc1) (Entered: 01/30/2024)
2024-02-13MINUTE ORDER re 13 Joint Status Report: The Court has reviewed the Parties' status report. If Plaintiff is requesting that the Court order that the processing rate be increased, Plaintiff should be specific in the next status report about the rate it is requesting and why it believes that rate is justified. Defendants can include their position in the same report. Signed by Judge Jia M. Cobb on February 13, 2024. (lcjmc1) (Entered: 02/13/2024)
2024-04-2314Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 04/23/2024)
2024-07-2515Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 07/25/2024)
2024-10-2516Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 10/25/2024)
2024-11-1517NOTICE of Appearance by Nathaniel Lindzen on behalf of GOVERNMENT ACCOUNTABILITY & OVERSIGHT (Lindzen, Nathaniel) (Entered: 11/15/2024)
2024-12-2618NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT ACCOUNTABILITY & OVERSIGHT. Attorney Nathaniel Lindzen terminated. (Lindzen, Nathaniel) (Entered: 12/26/2024)
2025-01-08Case directly reassigned to Judge Sparkle L. Sooknanan. Judge Jia M. Cobb is no longer assigned to the case. (ztnr) (Entered: 01/08/2025)
2025-01-2419Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 01/24/2025)
2025-01-29MINUTE ORDER: The parties are directed to appear for a Status Conference set for 2/4/2025 at 3:30 PM by VTC before Judge Sparkle L. Sooknanan. Video connection information will be emailed to the parties. Signed by Judge Sparkle L. Sooknanan on 1/29/2025. (lsj) (Entered: 01/29/2025)
2025-01-2920Consent MOTION to Continue Status Conference by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 01/29/2025)
2025-01-29MINUTE ORDER granting 20 Consent Motion to Continue Status Conference. The Status Conference set for 2/4/2025 is hereby VACATED and reset for 2/11/2025 at 2:00PM by VTC before Judge Sparkle L. Sooknanan. Signed by Judge Sparkle L. Sooknanan on 1/29/2025. (lcas) (Entered: 01/29/2025)
2025-02-11MINUTE ORDER: In light of inclement weather and the Court's reduced operations, the Status Conference set for 2/11/2025 is VACATED and RESET for 2/18/2025 at 2:15 PM by VTC before Judge Sparkle L. Sooknanan. Video connection information will be emailed to the parties. SO ORDERED by Judge Sparkle L. Sooknanan on 2/11/2025. (lsj) (Entered: 02/11/2025)
2025-02-18Minute Entry for proceedings held before Judge Sparkle L. Sooknanan: Status Conference held via Zoom on 2/18/2025. The Court ORDERS the parties file a Joint Status Report due by 3/4/2025. (Court Reporter Stacy Johns) (znbn) (Entered: 02/18/2025)
2025-02-19MINUTE ORDER: In light of the Status Conference held on February 18, 2025, the Court ORDERS that the Joint Status Report due by March 4, 2025, must update the Court on (1) the number of documents currently under consultation, (2) which agencies are currently being consulted for those documents, (3) when those documents were sent to those agencies, and (4) when the Defendant expects to receive those documents back from the agencies. Signed by Judge Sparkle L. Sooknanan on 2/19/2025. (lcas) (Entered: 02/19/2025)
2025-02-1921TRANSCRIPT OF PROCEEDINGS before Judge Sparkle L. Sooknanan held on February 18, 2025. Page Numbers: 1-6. Date of Issuance: February 19, 2025. Court Reporter: Stacy Johns. Email address: Stacy_Johns@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/12/2025. Redacted Transcript Deadline set for 3/22/2025. Release of Transcript Restriction set for 5/20/2025.(Johns, Stacy) (Entered: 02/19/2025)
2025-03-0422Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 03/04/2025)
2025-03-05MINUTE ORDER: In light of the Parties' 22 Joint Status Report, the Court ORDERS the Parties to file a further joint status report by April 30, 2025. Signed by Judge Sparkle L. Sooknanan on 3/5/2025. (lcas) (Entered: 03/05/2025)
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