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Case TitleAlley et al v. United States Department of Health & Human Services
DistrictNorthern District of Alabama
CityEastern
Case Number1:2007cv00096
Date Filed2007-01-11
Date Closed2011-03-30
JudgeJudge Karon O Bowdre
PlaintiffJennifer D Alley
PlaintiffReal Time Medical Data, LLC
Case DescriptionJennifer Alley submitted a FOIA request to the Center for Medicare and Medicaid Services for records concerning patient services under Medicare for Georgia, Tennessee, Mississippi, and Florida. The agency denied access to the records based on privacy concerns. Alley filed an administrative appeal, but after hearing nothing further from the agency, she filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Health and Human Services
DefendantAmerican Medical Association
Documents
Docket
Complaint
Opinion/Order [43]
Opinion/Order [59]
Opinion/Order [137]
Opinion/Order [139]
Opinion/Order [148]
FOIA Project Annotation: A federal court in Alabama has refused to reinstate its original ruling that the Department of Health and Human Services was required to provide Medicare physician reimbursement data to Jennifer Alley because it was not protected by Exemption 6 (invasion of privacy) or a 30-year-old injunction issued by a federal district court in Florida prohibiting the disclosure of such records for Florida physicians. The decision was appealed to the Eleventh Circuit, which reversed the district court's ruling relying solely on the existence of the Florida injunction, which, the appellate court found, acted as a complete prohibition of disclosure under the Supreme Court's ruling in GTE Sylvania v. Consumers Union, 445 U.S. 375 (1980). On remand, the district court then ruled that the records were protected. Alley then joined the successful effort to vacate the injunction. The Middle District of Florida found the injunction was no longer based on good law and vacated it prospectively in May 2013. Alley then petitioned the district court in Alabama to reinstate its original order in light of the Florida federal court's decision to vacate the injunction. Recognizing Alley's frustration, Judge Karon Owen Bowdre explained that "the injunction was in effect at the time of the court's Final Order, and the district court's order of May 31, 2013 in FMA vacating that injunction specifically stated that the vacatur only had prospective effect. Thus, despite the vacatur, the injunction remains in effect as of the date of this court's Final Order and still would apply to the Plaintiff's previous FOIA requests." She added that "GTE Sylvania is still good law, and it still supports this court's summary judgment in favor of HHS based on the FMA injunction that was in effect at the time of that judgment and that was vacated effective May 31, 2013 prospectively but not retroactively." Bowdre pointed out that "a new FOIA request will require HHS to address the request without the FMA injunction blocking the way and while starting with a new request may take time, that factor of time is not in and of itself an extreme or unexpected hardship sufficient to justify [court-ordered] relief."
Issues: Litigation - Jurisdiction - Failure to Exhaust
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-01-111COMPLAINT against United States Department of Health and Human Services (Filing fee $ 350 rec # 200 232875.) , filed by Jennifer D Alley.(SMH2, ) Additional attachment(s) added on 1/12/2007 (SMH2, ). Modified on 1/12/2007 (SMH2, ). (Entered: 01/12/2007)
2007-01-112Summons Issued as to United States Department of Health and Human Services, U.S. Attorney, returned to pla for service (SMH2, ) (Entered: 01/12/2007)
2007-01-113MOTION for Karie Davis-Nozemack to Appear Pro Hac Vice on behalf of Plaintiff Jennifer D. Alley . (SMH2, ) (Entered: 01/12/2007)
2007-01-12PHV Fee paid: re: 3 Karie Davis-Nozemack $ 50, receipt number 200 232877 (SMH2, ) (Entered: 01/12/2007)
2007-01-12ORDER granting 3 Motion for pro hac vice Admission of Karie Davis-Nozemack. Signed by Judge Karon O Bowdre on 01/12/07. (JWT, ) (Entered: 01/12/2007)
2007-02-174ANSWER to Complaint by United States Department of Health and Human Services.(Ragland, Edward) (Entered: 02/17/2007)
2007-02-215UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge Karon O Bowdre on 2/21/07. (SMH2, ) (Entered: 02/21/2007)
2007-04-036NOTICE by Jennifer D Alley Unopposed Notice to Court (Davis-Nozemack, Karie) (Entered: 04/03/2007)
2007-04-267REPORT of Rule 26(f) Planning Meeting. (Davis-Nozemack, Karie) (Entered: 04/26/2007)
2007-04-268SCHEDULING ORDER: Certain deadlines apply as further set out in this order; Amended Pleadings and/or additional parties due by 5/25/2007 for pla and 6/25/07 for dft. Discovery due by 10/26/2007. Dispositive Motions due by 11/9/2007. JOINT Status Report due by 9/17/2007. Pretrial Conference set for 2/22/2008. Status Conference set for 9/28/2007. Signed by Judge Karon O Bowdre on 4/26/07. (SMH2, ) (Entered: 04/26/2007)
2007-05-259AMENDED COMPLAINT against United States Department of Health and Human Services, filed by Jennifer D Alley.(Davis-Nozemack, Karie) (Entered: 05/25/2007)
2007-06-0110NOTICE of Appearance by Victor L Hayslip on behalf of Jennifer D Alley (Hayslip, Victor) (Entered: 06/01/2007)
2007-06-0111MOTION for Preliminary Injunction by Jennifer D Alley. (Hayslip, Victor) (Entered: 06/01/2007)
2007-06-0112BRIEF, Memorandum in Support of 11 Motion for Preliminary Injunction, by Jennifer D Alley. (Davis-Nozemack, Karie) (Entered: 06/01/2007)
2007-06-0513ORDER SETTING BRIEFING SCHEDULE re 11 MOTION for Preliminary Injunction filed by Jennifer D Alley: Dft's response due 6/19/07. Any reply brief, if necessary, due 6/26/07 . Signed by Judge Karon O Bowdre on 6/5/07. (SMH2, ) (Entered: 06/05/2007)
2007-06-1214ORDER Setting Hearing on Motion 11 MOTION for Preliminary Injunction: Motion Hearing set for 7/9/2007 01:30 PM in Courtroom 5-A before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 6/12/07. (SMH2, ) (Entered: 06/12/2007)
2007-06-1915RESPONSE in Opposition re 11 MOTION for Preliminary Injunction filed by United States Department of Health and Human Services. (Attachments: # 1 Exhibit Real Time April 13, 2007 correspondence# 2 Exhibit Real Time Second April 13, 2007 correspondence# 3 Exhibit CMS correspondence dated 14 May 2007# 4 Exhibit Real Time June 4, 2007 correspondence# 5 Exhibit CMS correspondence dtd 12 June 2007# 6 Exhibit CMS correspondence dtd 15 June 2007# 7 Exhibit Declaration of Melodye Hardy)(Ragland, Edward) (Entered: 06/19/2007)
2007-06-2216ANSWER to Amended Complaint by United States Department of Health and Human Services. (Attachments: # 1 Exhibit Correspondence dtd 14 May 2007# 2 Exhibit Correspondence dtd 12 June 2007)(Ragland, Edward) (Entered: 06/22/2007)
2007-06-2617REPLY Brief filed by Plaintiffs Jennifer D Alley, Real Time Medical Data, LLC re: 15 Response in Opposition to Motion,,, 11 MOTION for Preliminary Injunction filed by Jennifer D Alley, Real Time Medical Data, LLC. (Davis-Nozemack, Karie) (Entered: 06/26/2007)
2007-07-06ORDER The hearing previously set for July 9, 2007 is RESCHEDULED for Friday, July 13, 2007 at noon in Courtroom 5-A. Signed by Judge Karon O Bowdre on 07-96. (JWT, ) (Entered: 07/06/2007)
2007-07-1218AFFIDAVIT of Jennifer Alley by Jennifer D Alley. (Davis-Nozemack, Karie) (Entered: 07/12/2007)
2007-07-13Minute Entry for proceedings held before Judge Karon O Bowdre : Motion Hearing held on 7/13/2007 re 11 MOTION for Preliminary Injunction filed by Jennifer D Alley. Defendant's testimony. Written order to be entered. (Court Reporter Teresa Roberson.) (PRW) (Entered: 07/13/2007)
2007-07-1719ORDER denying 11 Motion for Preliminary Injunction, without prejudice to refile at such time as Plaintiffs can make an adequate showing of irreparable injury . Signed by Judge Karon O Bowdre on 7/17/07. (SMH2, ) (Entered: 07/17/2007)
2007-09-0620ORDER SETTING STATUS CONFERENCE for 9/24/2007 02:30 PM before Judge Karon O Bowdre.. Signed by Judge Karon O Bowdre on 9/6/07. (SMH2, ) (Entered: 09/06/2007)
2007-09-14ORDER. The status conference previously set for September 24, 2007 is RESCHEDULED to Tuesday, September 25, 2007 at 11:00 a.m. Signed by Judge Karon O Bowdre on 09/14/2007. (JWT, ) (Entered: 09/14/2007)
2007-09-1721STATUS REPORT (Joint) by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 09/17/2007)
2007-09-25Minute Entry for proceedings held before Judge Karon O Bowdre : Status Conference held on 9/25/2007. (PRW) (Entered: 09/25/2007)
2007-09-2622ORDER SETTING STATUS CONFERENCE: Status Conference set for 10/30/2007 03:30 PM before Judge Karon O Bowdre. JOINT Status Report due by 10/23/2007.. Signed by Judge Karon O Bowdre on 9/26/07. (SMH2, ) (Entered: 09/26/2007)
2007-09-2623REQUEST for Production of Documents by United States Department of Health and Human Services.(Ragland, Edward) (Entered: 09/26/2007)
2007-10-2324MOTION for Protective Order by United States Department of Health and Human Services. (Attachments: # 1 Exhibit Plaintiff's Rule 30(b)(6) Notice of Deposition)(Ragland, Edward) (Entered: 10/23/2007)
2007-10-2325Brief re 24 MOTION for Protective Order. (Ragland, Edward) (Entered: 10/23/2007)
2007-10-2326STATUS REPORT by Jennifer D Alley, Real Time Medical Data, LLC, United States Department of Health and Human Services. (Hayslip, Victor) (Entered: 10/23/2007)
2007-10-2927NOTICE of Appearance by Jon H Patterson on behalf of Jennifer D Alley, Real Time Medical Data, LLC (Patterson, Jon) (Entered: 10/29/2007)
2007-10-2928MOTION for Extension of Time for Discovery Deadline for Purpose of Defendant's Deposition and Opposition to Motion for Protective Order by Jennifer D Alley, Real Time Medical Data, LLC. (Patterson, Jon) (Entered: 10/29/2007)
2007-10-30Minute Entry for proceedings held before Judge Karon O Bowdre : Status Conference held on 10/30/2007. (PRW) (Entered: 10/30/2007)
2007-10-30ORDER granting 24 Defendant's Motion for a Protective Order. Signed by Judge Karon O Bowdre on 10-30-07. (AMW ) (Entered: 10/30/2007)
2007-10-30ORDER granting 28 Motion to Extend Discovery Deadline For Purpose of Defendant's Deposition, to the following extent: after Defendant's Motion for Summary Judgment is filed, if Plaintiffs believe that additional discovery is still required, the court will entertain a motion requesting such discovery. Signed by Judge Karon O Bowdre on 10-30-07. (AMW, ) (Entered: 10/30/2007)
2007-10-3129ORDER: Deadline for dft to file Motion for Summary Judgment is extended to 11/16/07. Pla shall file a response as well as any Cross-Motion for Summary Judgment by 12/4/07. Dft's reply, if needed, and response to any cross-motion must be filed by 12/18/07.. Signed by Judge Karon O Bowdre on 10/31/07. (SMH2, ) (Entered: 10/31/2007)
2007-11-1630MOTION for Summary Judgment by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 11/16/2007)
2007-11-1631Brief re 30 MOTION for Summary Judgment. (Ragland, Edward) (Entered: 11/16/2007)
2007-11-1632Evidentiary Material re: 30 MOTION for Summary Judgment. (Attachments: # 1 Exhibit Marquis Decl# 2 Exhibit Douzer Decl# 3 Exhibit Disclosure Decision dtd 14 May# 4 Exhibit Suppl Disclosure Decision, dtd 12 June# 5 Exhibit Agency appeal response 10 aug 2007# 6 Exhibit 2007 Requests# 7 Exhibit Response to 2007 Requests)(Ragland, Edward) (Entered: 11/16/2007)
2007-11-2633MOTION for Leave to File Excess Pages by Jennifer D Alley, Real Time Medical Data, LLC. (Patterson, Jon) (Entered: 11/26/2007)
2007-11-2734RESPONSE in Opposition re 33 MOTION for Leave to File Excess Pages filed by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 11/27/2007)
2007-11-30ORDER granting in part and denying in part 33 Motion for Leave to File Excess Pages. The court will allow Plaintiffs to file a brief with 40 pages of argument (excluding facts). Defendant will be allowed an additional 10 pages for its reply. Signed by Judge Karon O Bowdre on 11-30-07. (AMW, ) (Entered: 11/30/2007)
2007-12-0435Cross MOTION for Summary Judgment by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 12/04/2007)
2007-12-0436Brief re 30 MOTION for Summary Judgment, 35 Cross MOTION for Summary Judgment filed by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 12/04/2007)
2007-12-0437Evidentiary Material re: 35 Cross MOTION for Summary Judgment, 36 Brief. (Attachments: # 1 Exhibit Exhibit 1--Aff of Jennifer Alley# 2 Exhibit Exhibit 2-June 4, 2001 Letter# 3 Exhibit Exhibit 3-July 9, 2001 Letter# 4 Exhibit Exhibit 4-August 6, 2001 Letter# 5 Exhibit Exhibit 5-September 7, 2001 Letter# 6 Exhibit Exhibit 6-February 6, 2003 Letter# 7 Exhibit Exhibit 7-June 2, 2003 Letter# 8 Exhibit Exhibit 8-June 10, 2003 Letter# 9 Exhibit Exhibit 9-June 17, 2003 Letter# 10 Exhibit Exhibit 10-April 13, 2007 Letter# 11 Exhibit Exhibit 11-May 14, 2007 Letter# 12 Exhibit Exhibit 12-June 12, 2007 Letter# 13 Exhibit Exhibit 13-June 15, 2007 Letter# 14 Exhibit Exhibit 14-Fed Reg Col 72, No. 176, p. 52133-52140# 15 Exhibit Exhibit 15-Better Care, Lower Cost...)(Hayslip, Victor) (Entered: 12/04/2007)
2007-12-1838REPLY Brief filed by Defendant United States Department of Health and Human Services re: 30 MOTION for Summary Judgment, 35 Cross MOTION for Summary Judgment filed by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 12/18/2007)
2008-02-05Set/Reset Hearings: The pretrial conference previously on the court's February 22, 2008 docket has been RESCHEDULED to the March 28 pretrial docket. An order will be entered in early March assigning a specific time for the pretrial conference. (PRW) (Entered: 02/05/2008)
2008-03-0639ORDER SETTING PRETRIAL CONFERENCE 4/11/2008 02:30 PM before Judge Karon O Bowdre. Joint Proposed Pretrial Order due by 3/21/2006. Counsel are directed to review and comply with attached instructions. Signed by Judge Karon O Bowdre on 3/6/08. (SMH2, ) (Entered: 03/06/2008)
2008-03-1840MOTION for Extension of Time to File Pretrial Order (Unopposed) by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 03/18/2008)
2008-03-18ORDER granting 40 Unopposed Motion for Extension of Time to File Pretrial Order. Joint Proposed Pretrial Order should be delivered to chambers on or before April 4, 2008. Signed by Judge Karon O Bowdre on 03-18-08. (JWT, ) (Entered: 03/18/2008)
2008-04-0441Joint MOTION for Extension of Time for Parties to Submit Proposed Pretrial Order by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 04/04/2008)
2008-04-04ORDER granting 41 Motion for Extension of Time to submit Joint Proposed Pretrial Order. Proposed order is due Monday, April 7, 2008. Signed by Judge Karon O Bowdre on 04/04/08. (JWT, ) (Entered: 04/04/2008)
2008-04-10ORDER changing the date of the pretrial in this case from April 11, 2008 at 3:00PM to April 16, 2008 at 3:00PM. Signed by Judge Karon O Bowdre on 4-10-08. (AMW, ) (Entered: 04/10/2008)
2008-04-16Minute Entry for proceedings held before Judge Karon O Bowdre : Motion Hearing held (instead of Pre-trial conf) on 4/16/2008 re 30 MOTION for Summary Judgment filed by United States Department of Health and Human Services, and 35 Cross MOTION for Summary Judgment filed by Real Time Medical Data, LLC, Jennifer D Alley; pla was present; atty Pittman making appearnce for Plas; arguments heard; order to be entered. (Court Reporter Teresa Roberson) (KWC) (Entered: 04/17/2008)
2008-04-3042Brief Motion to Supplement Brief in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment filed by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 04/30/2008)
2008-04-30MOTION to Supplement Brief in Opposition to Defendant's Motion for Summary Judgment and in Support of Pla's Cross-Motion for Summary Judgment by Jennifer D Alley, Real Time Medical Data, LLC. (SEE DOC. # 42. #42 filed as a brief, but should have been filed as a motion) (SMH2, ) (Entered: 05/01/2008)
2008-05-02ORDER denying 42 Motion To Supplement. Signed by Judge Karon O Bowdre on 5-2-08. (AMW, ) (Entered: 05/02/2008)
2008-05-0843MEMORANDUM OPINION re Motions for Summary Judgment by Pla and Dft (Docs. 30 and 35).. Signed by Judge Karon O Bowdre on 5/8/08. (SMH2, ) (Entered: 05/08/2008)
2008-05-0844ORDER granting in part and denying in part Dft's Motion for Summary Judgment 30 , granting in part and denying in part Plas' Motion for Summary Judgment 35 , as further set out in the Memorandum Opinion filed contemporaneously with this order. Signed by Judge Karon O Bowdre on 5/8/08. (SMH2, ) (Entered: 05/08/2008)
2008-05-0945MOTION to Intervene by American Medical Association. (Attachments: # 1 Exhibit 1)(Reese, Joseph) (Entered: 05/09/2008)
2008-05-0946Corporate Disclosure Statement by American Medical Association. (Reese, Joseph) (Entered: 05/09/2008)
2008-05-1247Proposed ANSWER to Amended Complaint, ANSWER to Complaint by Proposed Intervenor by American Medical Association.(Reese, Joseph) (Entered: 05/12/2008)
2008-05-1448MOTION for Leave to Appear Pro Hac Vice by American Medical Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, Proposed Order)(Reese, Joseph) (Entered: 05/14/2008)
2008-05-2249MOTION for Reconsideration re 44 Order, 43 Memorandum Opinion by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 05/22/2008)
2008-05-2350Brief re 49 MOTION for Reconsideration re 44 Order, 43 Memorandum Opinion. (Ragland, Edward) (Entered: 05/23/2008)
2008-05-2851MOTION for Leave to File Amended Memorandum in Support of Motion for Reconsideration by United States Department of Health and Human Services. (Attachments: # 1 Exhibit 1 Proposed Defendant's Amended Memorandum in Support of its Motion for Reconsideration)(Ragland, Edward) (Entered: 05/28/2008)
2008-05-2952MOTION to Stay by United States Department of Health and Human Services. (Attachments: # 1 Exhibit 1 Brief of Movant-Intervenor American Medical Association in Consumer Checkbook appeal to the DC Circuit Court of Appeals)(Ragland, Edward) (Entered: 05/29/2008)
2008-06-03ORDER granting 51 Motion for Leave to File an Amended Memorandum in Support of its Motion for Reconsideration. Defendant HHS may file by 6-9-08 its Amended Memorandum, attached as Exhibit 1 to its motion, to correct inadvertent typographical errors. Signed by Judge Karon O Bowdre on 6-3-08. (AMW, ) (Entered: 06/03/2008)
2008-06-0953Brief (AMENDED) re 49 MOTION for Reconsideration re 44 Order, 43 Memorandum Opinion, Order on Motion for Leave to File,. (Ragland, Edward) (Entered: 06/09/2008)
2008-06-10ORDER granting 48 Motion for Leave for Jack R. Bierig and Tacy F. Flint to Appear Pro Hac Vice. Counsel is advised that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Karon O Bowdre on 6/10/08. (JWT, ) (Entered: 06/10/2008)
2008-06-1054BRIEFING SCHEDULE re 45 MOTION to Intervene filed by American Medical Association: Any response to motion due by 6/20/08; Any reply due by 6/27/08. Signed by Judge Karon O Bowdre on 6/10/08. (SMH2, ) (Entered: 06/10/2008)
2008-06-2055RESPONSE to Motion re 45 MOTION to Intervene filed by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 06/20/2008)
2008-06-2056Opposition to Motion of the American Medical Association for Leave to Intervene filed by Jennifer D Alley, Real Time Medical Data, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hayslip, Victor) (Entered: 06/20/2008)
2008-06-2757REPLY Brief filed by Intervenor American Medical Association re: 45 MOTION to Intervene filed by American Medical Association. (Reese, Joseph) (Entered: 06/27/2008)
2008-11-0758MOTION for Hearing Status Conference by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 11/07/2008)
2008-11-1959MEMORANDUM OPINION re various Motions 45 49 52 . Signed by Judge Karon O Bowdre on 11/19/08. (SMH2, ) (Entered: 11/19/2008)
2008-11-1960ORDER granting 45 Motion to Intervene; denying 49 Motion for Reconsideration ; Motion to stay pending reconsideration is MOOT. Alternative Motion for a Stay Pending Appeal is DENIED. Signed by Judge Karon O Bowdre on 11/19/08. (SMH2, ) (Entered: 11/19/2008)
2008-11-1961ORDER SETTING STATUS CONFERENCE for 12/12/2008 02:30 PM. Joint Status Report due by 12/10/08. Motions terminated: 58 MOTION for Hearing Status Conference filed by Real Time Medical Data, LLC, Jennifer D Alley. Signed by Judge Karon O Bowdre on 11/19/08. (SMH2, ) (Entered: 11/19/2008)
2008-11-20Set/Reset Hearings: The status conference previously scheduled for 2:30 p.m. on Friday, December 12, 2008 has been RESCHEDULED to 3:00 p.m. on Friday, December 5, 2008 in fifth floor chambers, Hugo L. Black U. S. Courthouse in Birmingham, Alabama. (PRW) (Entered: 11/20/2008)
2008-12-0362STATUS REPORT (Joint) by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 12/03/2008)
2008-12-05Minute Entry for proceedings held before Judge Karon O Bowdre: Status Conference held on 12/5/2008. (PRW) (Entered: 12/05/2008)
2008-12-0863NOTICE OF APPEAL as to 60 Order on Motion to Intervene, Order on Motion for Reconsideration, Order on Motion to Stay, 44 Order, by United States Department of Health and Human Services. Filing fee $ 455. (Ragland, Edward) (Entered: 12/08/2008)
2008-12-0864NOTICE OF APPEAL by American Medical Association. Filing fee $ 455. (Reese, Joseph) (Entered: 12/08/2008)
2008-12-0865CERTIFICATE OF SERVICE by United States Department of Health and Human Services re 63 Notice of Appeal (Ragland, Edward) (Entered: 12/08/2008)
2008-12-09Certified Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 63 Notice of Appeal (SMH2, ) (Entered: 12/09/2008)
2008-12-09Certified Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 64 Notice of Appeal (SMH2, ) (Entered: 12/09/2008)
2008-12-1166AMENDED NOTICE OF APPEAL by American Medical Association. Filing fee $ 455. (Reese, Joseph) (Entered: 12/11/2008)
2008-12-1267MOTION to Stay Pending Appeal by American Medical Association. (Attachments: # 1 Exhibit Index of Attachments, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(Reese, Joseph) Modified on 12/23/2008 PURSUANT TO ORDER (DOC. # 73), THE AFFIDAVITS OF ROBERT B. HUNTER, M.D. (DOC. 67-3), JOHN M. MACDONALD (DOC. 67-4), HAROLD GURGONE (DOC. 67-5), AND WALTER E. SCHRAGE (DOC. 67-6) ARE STRICKEN (SMH2, ). (Entered: 12/12/2008)
2008-12-1268MOTION to Stay re 60 Order on Motion to Intervene, Order on Motion for Reconsideration, Order on Motion to Stay, 44 Order, by United States Department of Health and Human Services. (Attachments: # 1 Exhibit A: District of Colubmia District Court Order of November 1, 2007 in Consumer Checkbook)(Ragland, Edward) (Entered: 12/12/2008)
2008-12-1269Brief re 68 MOTION to Stay re 60 Order on Motion to Intervene, Order on Motion for Reconsideration, Order on Motion to Stay, 44 Order, MOTION to Stay re 60 Order on Motion to Intervene, Order on Motion for Reconsideration, Order on Motion to Stay, 44 Order,. (Attachments: # 1 Exhibit Brief of Movant-Intervenor American Medical Association, filed in the United States Court of Appeals for the District of Columbia Circuit in the appeal of Consumers Checkbook)(Ragland, Edward) (Entered: 12/12/2008)
2008-12-12USCA Appeal Fees received $ 455.00 receipt number 200252538 re 64 Notice of Appeal filed by American Medical Association, 66 Notice of Appeal filed by American Medical Association (SMH2, ) (Entered: 12/16/2008)
2008-12-1670USCA Case Number 08-16914-H for 63 Notice of Appeal filed by United States Department of Health and Human Services, 64 Notice of Appeal filed by American Medical Association, 66 Amended Notice of Appeal filed by American Medical Association. (SMH2, ) (Entered: 12/16/2008)
2008-12-1771TRANSCRIPT REQUEST by American Medical Association (NO TRANSCRIPT REQUIRED). (SMH2, ) (Entered: 12/22/2008)
2008-12-2272Opposition to re 67 Intervenor's Motion for Stay and Motion to Strike Exhibits filed by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 12/22/2008)
2008-12-2373ORDER denying 67 Intervenor's Motion to Stay; denying 68 Defendant's Motion to Stay, denying alternative Motion for a ten-day stay to seek a stay from the Eleventh Circuit; granting 72 Plaintiffs' Motion to Strike. Signed by Judge Karon O Bowdre on 12/23/08. (SMH2, ) (Entered: 12/23/2008)
2008-12-2974TRANSCRIPT REQUEST by United States Department of Health and Human Services (All necessary transcripts on file) (SMH2, ) (Entered: 12/29/2008)
2009-01-0575Transcript of Proceedings held on 4/16/08, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson, Telephone number 205-492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. ( See Transcript Redaction Policy ) Redaction Request due 1/26/2009. Redacted Transcript Deadline set for 2/5/2009. Release of Transcript Restriction set for 4/6/2009. (SMH2, ) (Entered: 01/05/2009)
2009-02-0576MOTION for Order to Show Cause by Jennifer D Alley, Real Time Medical Data, LLC. (Attachments: # 1 Exhibit A - Order)(Hayslip, Victor) (Entered: 02/05/2009)
2009-02-0677ORDER TO SHOW CAUSE: The court GRANTS 76 MOTION for Order to Show Cause; Dft U.S. Department of Health and Human Services is DIRECTED to show cause by 4:30 p.m. on 2/16/09 why it should not be held in contempt, as further set out in this order. Signed by Judge Karon O Bowdre on 2/6/09. (SMH2, ) (Entered: 02/06/2009)
2009-02-1378RESPONSE to re 77 Show Cause Order filed by United States Department of Health and Human Services. (Attachments: # 1 Exhibit 1 Emergency Motion for Reconsideration filed with 11th Cir, # 2 Exhibit 2 Corresondence with attached DC Circuit Consumer Checkbook decision, # 3 Exhibit 3 Correspondence from CMS to contractors dtd 07 Jan 2009, # 4 Exhibit 4 Emergency Motion for Stay filed with 11th Cir 24 Dec 2008, # 5 Exhibit 5 Joint Reply Brief of Appellants in Support of Emergency Motion for Stay to 11th Cir, # 6 Exhibit 6 Email correspondence between counsel for parties during a period in June 2008, # 7 Exhibit 7 Emails between CMS and the plaintiffs in January 2009)(Ragland, Edward) (Entered: 02/13/2009)
2009-02-1379MOTION for Leave to File Reply to Defendant's Response to the Court's Order to Show Cause Entered February 6, 2009 by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 02/13/2009)
2009-02-13ORDER granting 79 Motion for Leave to File a three page reply. Signed by Judge Karon O Bowdre on 2-13-09. (AMW, ) (Entered: 02/13/2009)
2009-02-1680REPLY to re 78 Response to Order to Show Cause filed by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 02/16/2009)
2009-02-1981MOTION for Leave to File Supplemental Response to Show Cause Order by United States Department of Health and Human Services. (Attachments: # 1 Proposed Supplemental Response to Show Cause Order, # 2 Exhibit Correspondence from Counsel to Eleventh Circuit (attached to proposed Supplemental Response to Show Cause Order))(Ragland, Edward) (Entered: 02/19/2009)
2009-02-2382MOTION for Leave to File Second Supplemental Response to Court's Show Cause Order of February 6, 2009 by United States Department of Health and Human Services. (Attachments: # 1 Proposed Second Supplemental Response to Show Cause Order Entered Feb 06, 2009, # 2 Exhibit Att A to Second Supplement Response to Show Cause Order, # 3 Exhibit Att B to Second Supplemental Response to Show Cause Order)(Ragland, Edward) (Entered: 02/23/2009)
2009-02-24ORDER granting 81 Motion for Leave to File Supplemental Response; the court reminds HHS to file the supplemental response. Signed by Judge Karon O Bowdre on 2-24-09. (AMW, ) (Entered: 02/24/2009)
2009-02-24ORDER granting 82 Motion for Leave to File Second Supplemental Response. The court reminds HHS to file the second supplemental response. No further submissions will be received regarding the show cause order; however, the court will delay ruling until the Eleventh Circuit rules on HHS's Emergency Motion for Panel and En Banc Reconsideration, and counsel shall advise the court immediately of such ruling. Signed by Judge Karon O Bowdre on 2-24-09. (AMW, ) (Entered: 02/24/2009)
2009-02-2483RESPONSE to re 77 First Supplemental Response to Show Cause Order Entered February 6, 2009 filed by United States Department of Health and Human Services. (Attachments: # 1 Exhibit Correspondence to 11th Cir dtd 18 Feb 2009)(Ragland, Edward) (Entered: 02/24/2009)
2009-02-2484RESPONSE to re 77 Second Supplemental Response to Order to Show Cause entered February 6, 2009 filed by United States Department of Health and Human Services. (Attachments: # 1 Exhibit A Defendant's Correspondence to 11th Cir dated 18 Feb 2009, # 2 Exhibit B Plaintiff Letter to 11th Cir dated 19 Feb 2009)(Ragland, Edward) (Entered: 02/24/2009)
2009-02-2785NOTICE by United States Department of Health and Human Services of Order Entered by Eleventh Circuit Court of Appeals dated February 27, 2009 (Attachments: # 1 Exhibit Order of Eleventh Circuit dated 27 Feb 2009)(Ragland, Edward) (Entered: 02/27/2009)
2009-03-1086NOTICE by United States Department of Health and Human Services of Filing in the Supreme Court of an Application for a Stay of this Court's Injunction Pending Appeal (Attachments: # 1 Defendant HHS Application to Supreme Court for Stay Pending Appeal)(Ragland, Edward) (Entered: 03/10/2009)
2009-03-1287NOTICE of Order signed by Clarence Thomas, Associate Justice of the Supreme Court of the United States, staying the permanent injunction issued by the U.S. District Court in this case, CV-07-BE-96-E. (SMH2, ) (Entered: 03/12/2009)
2009-03-2488RESPONSE to Discovery Request from Defendant HHS by United States Department of Health and Human Services. (Attachments: # 1 Memorandum dated Apr 24 1997, # 2 Fall 1996 DOJ FOIA Update, # 3 Two appeals, # 4 3rd appeal, # 5 61 Denial Letters with attachments, # 6 Memorandum dated Mar 5 2009)(Ragland, Edward) (Entered: 03/24/2009)
2009-03-2589NOTICE of Order of the Supreme Court staying the permanent injunction issued by the US District Court pending final disposition of the appeal by the United States Court of Appeals for the Eleventh Circuit (SMH2, ) (Entered: 03/25/2009)
2009-03-2590NOTICE by United States Department of Health and Human Services of Filing in the Supreme Court of Its Reply in Support of Its Application for Stay of the District Court's Injuncition Pending Appeal to the Eleventh Circuit (Attachments: # 1 Reply Brief filed in Supreme Court in Support of Government's Application for Stay Pending Appeal)(Ragland, Edward) (Entered: 03/25/2009)
2009-04-1391CERTIFICATE OF READINESS transmitted to 11th Circuit re: 64 Notice of Appeal, 63 Notice of Appeal, 66 Notice of Appeal. Appeal No. 08-16914-H (SMH2, ) (Entered: 04/13/2009)
2009-04-13Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Alabama certifies that the record is complete for purposes of this appeal re: 64 Notice of Appeal, 63 Notice of Appeal, 66 Notice of Appeal, Appeal No. 08-16914-H. The entire record on appeal is available electronically. (SMH2, ) (Entered: 04/13/2009)
2009-04-2392RESPONSE to Discovery Request from Defendant US Department of Health and Human Services by United States Department of Health and Human Services. (Attachments: # 1 Informal Request dated 18 Jan 2007, bates stamped ALLEY_00161 to ALLEY_00171)(Ragland, Edward) (Entered: 04/23/2009)
2009-10-2793MOTION for Leave to File Excess Pages for Plaintiffs' Brief in Support of Second Motion for Summary Judgment by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 10/27/2009)
2009-10-27ORDER granting 93 "Motion for Extension of Page Limitations for Plaintiffs' Brief in Support of Second Motion for Summary Judgment." The court limits the Argument section of Plaintiffs' brief to 30 pages and will allow the use of 12-point font. Signed by Judge Karon O Bowdre on 10-27-09. (AMW, ) (Entered: 10/27/2009)
2009-11-0394MOTION for Summary Judgment by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-0395Brief re 94 MOTION for Summary Judgment. (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-0396Evidentiary Material re: 94 MOTION for Summary Judgment, 95 Brief Evidentiary Submission in Support of Motion for Summary Judgment . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-0397Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit A Part 1 . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-0398Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit A Part 2 . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-0399Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit A Part 3 . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-03100Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit B Part 1 . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-03101Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit B Part 2 . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-03102Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit B Part 3 . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-03103Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit C . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-03104Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit D Part 1 . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-03105Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit D Part 2 . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-03106Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibit D Part 3 . (Hayslip, Victor) (Entered: 11/03/2009)
2009-11-03107Evidentiary Material re: 96 Evidentiary Material, 94 MOTION for Summary Judgment, 95 Brief Exhibits E, F and G . (Attachments: # 1 Exhibit F, # 2 Exhibit G)(Hayslip, Victor) (Entered: 11/03/2009)
2009-11-04108ORDER SETTING BRIEFING SCHEDULE re pltfs' MSJ 94 , def's response due by Nov. 25, 2009, limiting argument section of def's brief to 30 pages; any reply, if necessary, due by Dec 9, 2009 and is limited to 15 pages, as set out further herein. Signed by Judge Karon O Bowdre on 11/04/09. (FNC) (Entered: 11/04/2009)
2009-11-20109MOTION for Extension of Time to File Response/Reply as to 94 MOTION for Summary Judgment by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 11/20/2009)
2009-11-23ORDER granting 109 Defendant's Motion for Enlargement of Time to File a Single Brief Opposing Plaintiff's Summary Judgment Motion and Supporting Its Own Cross-Motion for Summary Judgment. Response is due December 4, 2009; Reply, if needed, is due December 18, 2009. Signed by Judge Karon O Bowdre on 11/23/09. (JWT, ) (Entered: 11/23/2009)
2009-12-04110Joint MOTION for Extension of Time to File Summary Judgment Submissions by Jennifer D Alley, Real Time Medical Data, LLC, United States Department of Health and Human Services. (Ragland, Edward) (Entered: 12/04/2009)
2009-12-04ORDER granting 110 Joint Motion for Enlargement of Time to File Summary Judgment Submissions. Response is due December 11,2009. Reply will be due January 4, 2010. Signed by Judge Karon O Bowdre on 12/04/09. (JWT, ) (Entered: 12/04/2009)
2009-12-11111Brief re 94 MOTION for Summary Judgment and in Support of Defendant's Cross Motion for Summary Judgment 112 . (Ragland, Edward) (Entered: 12/11/2009)
2009-12-12112Cross MOTION for Summary Judgment by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 12/12/2009)
2009-12-12113Evidentiary Material re: 112 Cross MOTION for Summary Judgment. (Attachments: # 1 Exhibit A Declaration of Michael Marquis, # 2 Exhibit A-1 Glenn Kendall 1997 Guidance Memorandum, # 3 Exhibit A-2 DOJ 1994 FOIA Update, # 4 Exhibit A-3 Rescission Memorandum, # 5 Exhibit A-4 FOIA Policy Guide, # 6 Exhibit A-5 Federal Register FOIA Guidelines, # 7 Exhibit A-6 Medicare Manual Pub 100-1, # 8 Exhibit B May 14, 2007 Correspondence, # 9 Exhibit C June 25, 2008 Email)(Ragland, Edward) (Entered: 12/12/2009)
2009-12-12114MOTION for Leave to File Cross Motion for Summary Judgment and Supporting Evidentiary Materials. by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 12/12/2009)
2009-12-14ORDER granting 114 Motion for Leave to File Cross Motion for Summary Judgment and Evidentiary Material Out of Time. Signed by Judge Karon O Bowdre on 12/14/09. (JWT, ) (Entered: 12/14/2009)
2009-12-14115ORDER SETTING BRIEFING SCHEDULE re: 112 , pltf's response is due 01/11/10; any reply brief, if necessary, is due 01/25/10, as further set out herein. Signed by Judge Karon O Bowdre on 12/14/09. (FNC) (Entered: 12/14/2009)
2010-01-11116REPLY to Response to Motion re 94 MOTION for Summary Judgment and Opposition to Cross-Motion filed by Jennifer D Alley. (Hayslip, Victor) (Entered: 01/11/2010)
2010-01-11117MOTION to Strike Defendant's Declaration and Supporting Documents In Support Of Cross-Motion by Jennifer D Alley. (Hayslip, Victor) (Entered: 01/11/2010)
2010-01-25118MOTION for Extension of Time to File Response/Reply by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 01/25/2010)
2010-01-26ORDER granting 118 Defendant's Motion for Enlargement of Time to File Summary Judgment Reply. Reply is due January 28, 2010. Signed by Judge Karon O Bowdre on 01/26/10. (JWT, ) (Entered: 01/26/2010)
2010-01-28119Brief re 116 Reply to Response to Motion, 112 Cross MOTION for Summary Judgment, 117 MOTION to Strike Defendant's Declaration and Supporting Documents In Support Of Cross-Motion . (Ragland, Edward) (Entered: 01/28/2010)
2010-02-12120USCA JUDGMENT as to 64 Notice of Appeal filed by American Medical Association, 63 Notice of Appeal filed by United States Department of Health and Human Services, 66 Notice of Appeal filed by American Medical Association, VACATING the judgment of the District Court and REMANDING the proceedings consistent with USCA's opinion; issued as mandate 02/12/10 before CARNES, FAY & ALARCON, with pubished opinion. (FNC) (Entered: 02/16/2010)
2010-03-12121MOTION for Summary Judgment Upon Remand by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 03/12/2010)
2010-03-12122MOTION for Summary Judgment (Corrected) by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor)CORRECTING CERTIFICATE OF SERVICE ONLY - COS LEFT OFF OF 121 . Modified on 3/15/2010 (FNC). (Entered: 03/12/2010)
2010-03-15123ORDER Setting Briefing Schedule re: 122 , def's response is due by 04/05/10. Any reply brief, if necessary, is due by 04/19/10. All submissions should comply with Appendix II available at www.alnd.uscourts.gov under court information for Judge Bowdre. Signed by Judge Karon O Bowdre on 03/15/10. (FNC) (Entered: 03/15/2010)
2010-04-05124RESPONSE in Opposition re 122 MOTION for Summary Judgment (Corrected) filed by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 04/05/2010)
2010-04-05125Evidentiary Material re: 124 Response in Opposition to Motion. (Attachments: # 1 Exhibit Declaration of Deborah J. Peters)(Ragland, Edward) (Entered: 04/05/2010)
2010-04-05126MOTION for Summary Judgment by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 04/06/2010)
2010-04-07ORDER: The court SETS a STATUS CONFERENCE in this case to be held on Thursday, April 15, 2010 at 2:30 p.m. in fifth floor chambers. Signed by Judge Karon O Bowdre on 4-7-10. (AMW, ) (Entered: 04/07/2010)
2010-04-15Minute Entry for proceedings held before Judge Karon O Bowdre: Status Conference held on 4/15/2010. (PRW) (Entered: 04/15/2010)
2010-04-19ORDER SETTING/REVISING BRIEFING SCHEDULE re motions 122 & 126: Based on discussions at the status conference on 4/15/10, the court requires Plaintiffs to file by 4/26/10 their combined reply to doc. 122/response to doc. 126. Defendant shall file a response by 5/4/10. Signed by Judge Karon O Bowdre on 4-19-10. (AMW, ) (Entered: 04/19/2010)
2010-04-26127RESPONSE in Opposition re 126 MOTION for Summary Judgment and Response to Defendant's Opposition to Plaintiff's Motion for Summary Judgment Upon Remand filed by Jennifer D Alley, Real Time Medical Data, LLC. (Pittman, Julie) (Entered: 04/26/2010)
2010-04-30128MOTION for Extension of Time and Motion for Leave to File 15 page Brief by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 04/30/2010)
2010-05-03ORDER granting 128 Defendant's Motion for Enlargement of Time and Motion for Leave to File a Fifteen Page Brief. Brief is due May 11, 2010 and may not exceed 15 pages. Signed by Judge Karon O Bowdre on 5/3/10. (JWT, ) (Entered: 05/03/2010)
2010-05-10129RESPONSE to re 127 Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Response to Defendant's Opposition to Plaintiff's Motion for Summary Judgment upon Remand filed by American Medical Association. (Reese, Joseph) (Entered: 05/10/2010)
2010-05-11130Brief re 126 MOTION for Summary Judgment in Reply to Plaintiffs' Opposition . (Ragland, Edward) (Entered: 05/11/2010)
2010-05-11131MOTION for Leave to File Supplemental Exhibits in Support of Defendant HHS's Cross Motion for Summary Judgment (doc. 126) by United States Department of Health and Human Services. (Attachments: # 1 Exhibit Supplemental Exhibits in Support of Defendant HHS's Cross Motion for Summary Judgment (doc. 126))(Ragland, Edward) (Entered: 05/11/2010)
2010-05-14ORDER granting 131 Defendant HHS's Motion for Leave to File Supplemental Exhibits in Support of Its Summary Judgment Motion. Defendant is reminded to file the supplemental document no later than May 21, 2010. Plaintiffs may file a sur-reply no later than 14 calendar days from the date Defendant files the supplemental document. Signed by Judge Karon O Bowdre on 5/14/10. (JWT, ) (Entered: 05/14/2010)
2010-05-14132Evidentiary Material re: 126 MOTION for Summary Judgment. (Attachments: # 1 Exhibit Declaration of Patricia Mantoan (with two attached items of correspondence: 2-1:Correspondence from Ms. Mantoan to William J. Guste, Esq., dated May 3, 2010; AND 2-2: Correspondence from Mr. Guste to Ms. Mantoan, dated May 4, 2010., # 2 Exhibit 3: Permanent Injunction entered in The American Association of Councils of Medical Staffs of Private Hospitals Inc. et al. v. Health Care Financing Administration, et al. (E. D. La. 1980).)(Ragland, Edward) (Entered: 05/14/2010)
2010-05-26133MOTION for Extension of Time by Jennifer D Alley, Real Time Medical Data, LLC. (Hayslip, Victor) (Entered: 05/26/2010)
2010-05-27ORDER granting 133 Plaintiffs' Motion for Enlargement of Time: Plaintiffs shall have until June 2, 2010 to file a sur-reply brief. Defendant shall have until June 21, 2010 to file any responsive brief, if necessary, which deadline includes five extra days. Signed by Judge Karon O Bowdre on 5-27-10. (AMW, ) (Entered: 05/27/2010)
2010-06-02134REPLY to Response to Motion re 126 MOTION for Summary Judgment filed by Jennifer D Alley. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Pittman, Julie) (Entered: 06/02/2010)
2010-06-21135RESPONSE to re 134 Plaintiff's Surreply In Opposition to Defendant's Motion for Summary Judgment filed by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 06/21/2010)
2010-09-29136MOTION to Withdraw by Jennifer D Alley, Real Time Medical Data, LLC. (Patterson, Jon) (Entered: 09/29/2010)
2010-09-29ORDER granting 136 Motion to Withdraw of Jon H. Patterson. Signed by Judge Karon O Bowdre on 9/29/10. (JWT, ) (Entered: 09/29/2010)
2010-09-30137MEMORANDUM OPINION. Signed by Judge Karon O Bowdre on 09/30/10. (FNC) (Entered: 09/30/2010)
2010-09-30138ORDER : For the reasons stated in the Memorandum Opinion 137 filed contemporaneously with this Order, the court ORDERS as follows: Plaintiffs' second motion for summary judgment 94 is DENIED; Defendant's cross-motion 112 is GRANTED; and Plaintiffs' motion to STRIKE 117 isDENIED. Signed by Judge Karon O Bowdre on 09/30/10. (FNC) (Entered: 09/30/2010)
2011-03-30139MEMORANDUM OPINION. Signed by Judge Karon O Bowdre on 03/30/2011. (FNC) (Entered: 03/30/2011)
2011-03-30140FINAL ORDER. For the reasons stated in the Memorandum Opinion 139 , filed contemporaneously with this Order, the court DENIES Plaintiffs' motion for summary judgment on remand and GRANTS Defendant HHS's motion for summary judgment on remand. The court ENTERS JUDGMENT in favor of Defendant HHS and against Plaintiffs on the claims based on Plaintiffs' request for 2002 Medicare Part B outpatient data in Florida, Georgia, Mississippi, and Tennessee. As no further claims remain in this action, the court ORDERS that the case be DISMISSED, costs taxed against Plaintiffs. Signed by Judge Karon O Bowdre on 03/30/2011. (FNC) (Entered: 03/30/2011)
2011-03-31141BILL OF COSTS by United States Department of Health and Human Services. (Ragland, Edward) (Entered: 03/31/2011)
2011-04-01NOTICE that the clerk will tax costs pursuant to FRCP 54(d) in response to re [doc. 141] Bill of Costs filed by United States Department of Health and Human Services on April 8, 2011; objections, if any, to the bill of costs must be filed on or before April 6, 2011. (PRW) (Entered: 04/01/2011)
2011-04-12142Costs Taxed in amount of $ $304.75 against plaintiff (PRW) (Entered: 04/12/2011)
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