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Case TitleGOVERNMENT ACCOUNTABILITY & OVERSIGHT v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02444
Date Filed2023-08-23
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffGOVERNMENT ACCOUNTABILITY & OVERSIGHT
Case DescriptionGovernment Accountability & Oversight submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning certain described emails of four named CMS officials using one or more of ten keywords. 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

DefendantUNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantUNITED STATES DEPARTMENT OF HEALTH AND 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

2023-08-231COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES and US Department of Health and Human Services ( Filing fee $ 402 receipt number ADCDC-10296546) filed by GOVERNMENT ACCOUNTABILITY & OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Hardin, Matthew) (Entered: 08/23/2023)
2023-08-23Case Assigned to Judge Reggie B. Walton. (zrtw) (Entered: 08/23/2023)
2023-08-232SUMMONS (4) Issued Electronically as to UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 08/23/2023)
2023-08-233NOTICE of Appearance by Christopher Cochran Horner on behalf of GOVERNMENT ACCOUNTABILITY & OVERSIGHT (Horner, Christopher) (Entered: 08/23/2023)
2023-09-204NOTICE of Appearance by Stephanie R. Johnson on behalf of UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Johnson, Stephanie) (Entered: 09/20/2023)
2023-09-225GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on September 22, 2023. (lcrbw2) (Entered: 09/22/2023)
2023-09-256ANSWER to Complaint by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Johnson, Stephanie) (Entered: 09/25/2023)
2023-09-26MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that, on or before October 24, 2023, the parties shall file a joint proposed briefing schedule governing further proceedings. Signed by Judge Reggie B. Walton on September 26, 2023. (lcrbw2) (Entered: 09/26/2023)
2023-09-26Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 10/24/2023. (zalh) (Entered: 09/26/2023)
2023-10-247Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 10/24/2023)
2023-10-25MINUTE ORDER. The Court requiring additional information regarding the parties' 7 Joint Status Report, it is hereby ORDERED that, on October 30, 2023, at 3:00 p.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213#) followed by the pound key (#). Signed by Judge Reggie B. Walton on October 25, 2023. (lcrbw2) (Entered: 10/25/2023)
2023-10-268MOTION to Continue by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 10/26/2023)
2023-10-27MINUTE ORDER. Upon consideration of the 8 Defendants' Motion to Continue, it is hereby ORDERED that the 8 Defendants' Motion to Continue is GRANTED. It is further ORDERED that the status conference currently scheduled for October 30, 2023, is CONTINUED to November 7, 2023, at 3:00 p.m. The parties shall appear before the Court, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213#) followed by the pound key (#). Signed by Judge Reggie B. Walton on October 27, 2023. (lcrbw2) (Entered: 10/27/2023)
2023-11-07Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 11/7/2023. The Court orders the defendants to process at least 400 pages per month of responsive records to the plaintiff's request, and produce to the plaintiff the non-exempt portions of the processed responsive records. Status Conference set for 12/7/2023 at 9:30 AM via teleconference before Judge Reggie B. Walton. (Court Reporter: Sara Wick) (zalh) (Entered: 11/07/2023)
2023-11-079ORDER. In accordance with the attached Order, it is hereby ORDERED that, until otherwise ordered by the Court, the defendants shall, every month, process at least four hundred (400) pages of responsive records to the plaintiff's request, and produce to the plaintiff the non-exempt portions of the processed responsive records. It is further ORDERED that, on December 7, 2023, at 9:30 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on November 7, 2023. (lcrbw1) (Entered: 11/07/2023)
2023-12-0410Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 12/04/2023)
2023-12-05MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, and for good cause shown, it is hereby ORDERED that the status conference currently scheduled for December 7, 2023, is VACATED. It is further ORDERED that, on or before January 18, 2024, the parties shall submit a joint status report regarding the status of the productions in this case. Signed by Judge Reggie B. Walton on December 5, 2023. (lcrbw2) (Entered: 12/05/2023)
2023-12-14Case directly reassigned to Judge Loren L. AliKhan. Judge Reggie B. Walton is no longer assigned to the case. (ztnr) (Entered: 12/14/2023)
2024-01-1811Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 01/18/2024)
2024-01-22MINUTE ORDER: Upon consideration of the parties' joint status report 11 , it is hereby ORDERED that the parties shall file another joint status report on or before March 18, 2024. Signed by Judge Loren L. AliKhan on 01/22/2024. (lclla2) (Entered: 01/22/2024)
2024-01-22Set/Reset Deadlines/Hearings: Joint Status Report due by 3/18/2024. (zcdw) (Entered: 01/22/2024)
2024-03-1812Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 03/18/2024)
2024-03-18MINUTE ORDER: Upon consideration of parties' Joint Status Report 12 , it is hereby ORDERED that the parties shall file another joint status report on or before May 17, 2024. Signed by Judge Loren L. AliKhan on 03/18/2024. (lclla2) (Entered: 03/18/2024)
2024-03-20Set/Reset Deadlines/Hearings: Joint Status Report due by 5/17/2024. (zcdw) (Entered: 03/20/2024)
2024-05-1513Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 05/15/2024)
2024-05-15MINUTE ORDER: Upon consideration of parties' Joint Status Report 13 , it is hereby ORDERED that the parties shall file another joint status report on or before July 17, 2024. Signed by Judge Loren L. AliKhan on 05/15/2024. (lclla2) (Entered: 05/15/2024)
2024-05-16Set/Reset Deadlines/Hearings: Joint Status Report due by 7/17/2024. (zcdw) (Entered: 05/16/2024)
2024-07-1614Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 07/16/2024)
2024-07-16MINUTE ORDER: Upon consideration of parties' Joint Status Report 14 , it is hereby ORDERED that the parties shall file another joint status report on or before September 17, 2024. Signed by Judge Loren L. AliKhan on 07/16/2024. (lclla2) (Entered: 07/16/2024)
2024-07-17Set/Reset Deadlines/Hearings: Joint Status Report due by 9/17/2024. (zcdw) (Entered: 07/17/2024)
2024-09-1715Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 09/17/2024)
2024-09-17MINUTE ORDER: Upon consideration of parties' Joint Status Report 15 , it is hereby ORDERED that the parties shall file another joint status report on or before November 18, 2024. Signed by Judge Loren L. AliKhan on 09/17/24. (lclla2) (Entered: 09/17/2024)
2024-09-18Set/Reset Deadlines/Hearings: Joint Status Report due by 11/18/2024. (zcdw) (Entered: 09/18/2024)
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