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Case TitleROBERTSON v. CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS)
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01751
Date Filed2024-06-14
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffCHRISTOPHER ROBERTSON
Case DescriptionChristopher Robertson submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning disparities in urology and gynecological surgery relative values units. The agency acknowledged receipt of the request. The agency told Robertson that it could find no responsive records. Robertson then filed a second FOIA request for records related to his first FOIA request. The second request yielded 15 responsive pages, with redactions on four pages. Robertson filed administrative appeals for both requests but after hearing nothing further from the agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2024-06-141COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) ( Filing fee $ 405 receipt number ADCDC-10965311) filed by CHRISTOPHER ROBERTSON. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons)(Fleming, Timothy) (Entered: 06/14/2024)
2024-06-17NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Noncompliance with LCvR 5.1(c). Please file a Notice of Errata stating the error and attach the corrected initiating pleading to include the name & full residence address of each party and file using the event Errata. Missing summonses- U.S. government. When naming a U.S. 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. Invalid signature on the Civil Cover Sheet. Please file the signed document using the event Errata. All filings must have an original signature or /s/ Attorney Name to represent an electronic signature of the filer. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm) (Entered: 06/17/2024)
2024-06-172ERRATA re: Complaint [corrected] by CHRISTOPHER ROBERTSON re 1 Complaint,. (Attachments: # 1 Errata Complaint [corrected])(Fleming, Timothy) (Entered: 06/17/2024)
2024-06-173ERRATA re: Civil Cover Sheet [corrected] by CHRISTOPHER ROBERTSON re 1 Complaint,. (Fleming, Timothy) (Entered: 06/17/2024)
2024-06-174REQUEST FOR SUMMONS TO ISSUE to Defendant, to US Attorney for DC, and to US Attorney General filed by CHRISTOPHER ROBERTSON. Related document: 2 Errata filed by CHRISTOPHER ROBERTSON. (Attachments: # 1 Summons to U.S. Attorney for DC, # 2 Summons to U.S. Attorney General)(Fleming, Timothy) (Entered: 06/17/2024)
2024-06-21Case Assigned to Judge Amit P. Mehta. (zmtm) (Entered: 06/21/2024)
2024-06-215SUMMONS (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)(zmtm) (Entered: 06/21/2024)
2024-07-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/15/2024. Answer due for ALL FEDERAL DEFENDANTS by 8/14/2024. (Fleming, Timothy) Modified docket text on 7/30/2024 (mg). (Entered: 07/29/2024)
2024-07-297ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 15, 2024. (Fleming, Timothy) Modified on 7/30/2024, refiled at docket entry 9 (mg). (Entered: 07/29/2024)
2024-07-298RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) served on 7/16/2024 (Fleming, Timothy) Modified docket text on 7/30/2024 (mg). (Entered: 07/29/2024)
2024-07-299RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 15, 2024. (Fleming, Timothy) (Entered: 07/29/2024)
2024-08-1410NOTICE of Appearance by Fithawi Berhane on behalf of All Defendants (Berhane, Fithawi) (Entered: 08/14/2024)
2024-08-1411Unopposed MOTION for Extension of Time to by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (Berhane, Fithawi) (Entered: 08/14/2024)
2024-08-15MINUTE ORDER granting 11 Motion for Extension of Time to Respond. Defendant shall respond to the complaint by September 4, 2024. Signed by Judge Amit P. Mehta on 8/15/2024. (lcapm2) (Entered: 08/15/2024)
2024-08-16Set/Reset Deadlines: Answer to Complaint due by 9/4/2024. (zakb) (Entered: 08/16/2024)
2024-09-0412Consent MOTION for Extension of Time to by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 09/04/2024)
2024-09-05MINUTE ORDER granting 12 Motion for Extension of Time to Respond. Defendant shall respond to the complaint by September 18, 2024. Signed by Judge Amit P. Mehta on 9/5/2024. (lcapm2) (Entered: 09/05/2024)
2024-09-1013MOTION for Leave to Appear pro hac vice by CHRISTOPHER ROBERTSON. (Attachments: # 1 Declaration of D.G. Pantazis, Jr., # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order proposed Order to admit appearance pro hac vice)(Fleming, Timothy) (Entered: 09/10/2024)
2024-09-11NOTICE OF ERROR regarding 13 MOTION for Leave to Appear pro hac vice . The following error(s) need correction: Declaration must have an original, ink signature. Please refile using the event Declaration. Other- Pro Hac Vice motion must be accompanied by a payment of $100 (LCvR 83.2(c)(2)). Please submit payment using event: Payment of Fee- Pro Hac Vice Motion. (mg) (Entered: 09/11/2024)
2024-09-1114DECLARATION Local Rule 83.2(d) Declaration of Non-Member, D. G. Pantazis Jr. by CHRISTOPHER ROBERTSON re 13 MOTION for Leave to Appear pro hac vice . (Fleming, Timothy) (Entered: 09/11/2024)
2024-09-11Payment for 13 MOTION for Leave to Appear pro hac vice . ($100; Receipt number ADCDC-11150391). (Fleming, Timothy) (Entered: 09/11/2024)
2024-09-13Set/Reset Deadlines: Answer to complaint due by 9/18/2024. (zakb) (Entered: 09/13/2024)
2024-09-1815ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS).(Berhane, Fithawi) (Entered: 09/18/2024)
2024-09-2016ORDER. Both a complaint and an answer are now before the court in this FOIA action. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report by October 4, 2024. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 9/20/2024. (lcapm2) (Entered: 09/20/2024)
2024-09-25Set/Reset Deadlines: Joint Status Report due by 10/4/2024 (zakb) (Entered: 09/25/2024)
2024-09-25MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. Attorney Dennis G. Pantazis, Jr. is hereby admitted pro hac vice to appear in this matter. Counsel shall register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 9/25/2024. (lcapm2) (Entered: 09/25/2024)
2024-10-0117NOTICE of Appearance by Dennis G. Pantazis, Jr on behalf of CHRISTOPHER ROBERTSON (Pantazis, Dennis) (Entered: 10/01/2024)
2024-10-0418Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (Berhane, Fithawi) (Entered: 10/04/2024)
2024-10-07MINUTE ORDER. The parties shall file an additional Joint Status Report by November 1, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/7/2024. (lcapm2) (Entered: 10/07/2024)
2024-10-11Set/Reset Deadlines: Joint Status Report due by 11/1/2024 (zakb) (Entered: 10/11/2024)
2024-11-0119Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (Berhane, Fithawi) (Entered: 11/01/2024)
2024-11-05MINUTE ORDER. The parties shall file an additional Joint Status Report by December 4, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 11/5/2024. (lcapm2) (Entered: 11/05/2024)
2024-11-06Set/Reset Deadlines: Status Report due by 12/4/2024 (zakb) (Entered: 11/06/2024)
2024-12-0420Joint STATUS REPORT by CHRISTOPHER ROBERTSON. (Pantazis, Dennis) (Entered: 12/04/2024)
2024-12-06MINUTE ORDER. The parties shall file an additional Joint Status Report by January 8, 2025, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 12/6/2024. (lcapm2) (Entered: 12/06/2024)
2025-01-1321STATUS REPORT by CHRISTOPHER ROBERTSON. (Pantazis, Dennis) (Entered: 01/13/2025)
2025-01-14MINUTE ORDER. Unless the parties can reach agreement as to the scope of the search, Defendant shall file its motion for summary judgment by February 27, 2025; Plaintiff shall file his opposition brief by March 31, 2025; and Defendant shall file its reply brief by April 21, 2025. Signed by Judge Amit P. Mehta on 1/14/2025. (lcapm2) (Entered: 01/14/2025)
2025-02-2622Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (Berhane, Fithawi) (Entered: 02/26/2025)
2025-02-27MINUTE ORDER. The summary judgment briefing schedule entered on January 14, 2025 is hereby vacated. The parties shall file an additional Joint Status Report by March 27, 2025, which advises whether any dispute remains over attorneys' fees and, if so, proposes a schedule for further briefing. Signed by Judge Amit P. Mehta on 2/27/2025. (lcapm2) (Entered: 02/27/2025)
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