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Case TitleCOMMUNITY ONCOLOGY ALLIANCE, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et.al.
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv02286
Date Filed2024-08-02
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffCOMMUNITY ONCOLOGY ALLIANCE, INC.
Case DescriptionCommunity Oncology Alliance submitted two FOIA requests to the Department of Health and Human Services for records. After hearing nothing further from the agency, Community Oncology Alliance filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantUS Department Health and Human Services
200 Independent Ave SW
Washington, DC 20201
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantUS CENTERS FOR MEDICARE AND MEDICAID SERVICES
DefendantUS Centers for Medicare and Medicaid Services
7500 Security Boulevard
Baltimore, MD 21244
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Complaint attachment 24
Complaint attachment 25
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-08-021COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11067970) filed by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Civil Cover Sheet, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Supplement CORPORATE DISCLOSURE CERTIFICATION)(Levitt, Jonathan) (Entered: 08/02/2024)
2024-08-07Case Assigned to Judge Tanya S. Chutkan. (zmtm) (Entered: 08/07/2024)
2024-08-072SUMMONS (4) Issued Electronically as to US CENTERS FOR MEDICARE AND MEDICAID SERVICES, US DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 08/07/2024)
2024-08-283CERTIFICATE OF SERVICE by COMMUNITY ONCOLOGY ALLIANCE, INC. re 1 Complaint,, . (Attachments: # 1 Certificate of Service Affidavit of service to CMS, # 2 Certificate of Service Affidavit of service to HHS)(Levitt, Jonathan) (Entered: 08/28/2024)
2024-08-284RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/15/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 9/14/2024.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/16/2024., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. US DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/19/2024. (See Docket Entry 3 to view document). (znmw) (Entered: 08/29/2024)
2024-09-155Consent MOTION for Extension of Time to File Answer re 1 Complaint,, with proposed order by US CENTERS FOR MEDICARE AND MEDICAID SERVICES, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 09/15/2024)
2024-09-16MINUTE ORDER: GRANTING 5 Consent Motion for Extension of Time to Respond to Complaint. Defendants shall respond to the Complaint on or before October 16, 2024. Signed by Judge Tanya S. Chutkan on 9/16/24. (lce) (Entered: 09/16/2024)
2024-10-166ANSWER to Complaint by US CENTERS FOR MEDICARE AND MEDICAID SERVICES, US DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Duffey, Thomas) (Entered: 10/16/2024)
2024-10-25MINUTE ORDER: Before the court in this FOIA case are a Complaint and an Answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 12/02/2024. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/25/2024. (lcer) (Entered: 10/25/2024)
2024-10-28Set/Reset Deadlines: Joint Status Report due by 12/2/2024. (zcll) (Entered: 10/28/2024)
2024-12-027Joint STATUS REPORT with proposed order by US DEPARTMENT OF HEALTH AND HUMAN SERVICES, US CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Duffey, Thomas) (Entered: 12/02/2024)
2024-12-10MINUTE ORDER: Upon consideration of the 7 Joint Status Report, the parties shall file another joint status report on or before January 15, 2025, and every 30 days thereafter, updating the court as to the status of Plaintiff's FOIA requests. To the extent the parties request a change in the status quo, the status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 12/10/2024. (lcer) (Entered: 12/10/2024)
2025-01-158Joint STATUS REPORT by US DEPARTMENT OF HEALTH AND HUMAN SERVICES, US CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Duffey, Thomas) (Entered: 01/15/2025)
2025-02-149Joint STATUS REPORT by US DEPARTMENT OF HEALTH AND HUMAN SERVICES, US CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Duffey, Thomas) (Entered: 02/14/2025)
2025-03-1710Joint STATUS REPORT by US DEPARTMENT OF HEALTH AND HUMAN SERVICES, US CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Duffey, Thomas) (Entered: 03/17/2025)
2025-04-1611Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, US CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Duffey, Thomas) (Entered: 04/16/2025)
2025-05-1612Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, US CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Duffey, Thomas) (Entered: 05/16/2025)
2025-06-1613Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, US CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Duffey, Thomas) (Entered: 06/16/2025)
2025-07-1514Joint STATUS REPORT by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Levitt, Jonathan) (Entered: 07/15/2025)
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