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Case TitleSAINT JOSEPH HEALTH SYSTEM, INC. v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01529
Date Filed2014-09-09
Date Closed2014-10-20
JudgeJudge Emmet G. Sullivan
PlaintiffSAINT JOSEPH HEALTH SYSTEM, INC.
doing business as SAINT JOSEPH - LONDON
Case DescriptionSaint Joseph Health System filed suit against the Department of Health and Human Services to block disclosure of records provided by Saint Joseph in the course of an investigation of cardiology procedures at Saint Joseph - London, one of six hospitals in Kentucky operated by Saint Joseph Health System. The investigation resulted in a Corporate Integrity Agreement with the Office of the Inspector General. The Poppe Law Firm submitted a FOIA request for the CIA records and the agency provided predisclosure notification to Saint Joseph. Saint Joseph indicated a number of records it thought should be withheld by the agency. The agency agreed to some redactions but told Saint Joseph that it planned to disclose other records Saint Joseph claimed were protected under Exemption 4 (confidential business information). Saint Joseph then filed a reverse-FOIA suit under the Administrative Procedure Act to block disclosure of the disputed records.
Complaint issues: Litigation - Reverse-FOIA, Litigation - In camera review

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-09-091COMPLAINT against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400, receipt number 4616065761) filed by SAINT JOSEPH HEALTH SYSTEM, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 09/09/2014)
2014-09-09SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 09/09/2014)
2014-09-092MOTION for Temporary Restraining Order by SAINT JOSEPH HEALTH SYSTEM, INC. (Attachments: # 1 Memorandum in Support, # 2 65.1 Statement, # 3 Text of Proposed Order)(jf, ) (Entered: 09/09/2014)
2014-09-093MOTION for Preliminary Injunction by SAINT JOSEPH HEALTH SYSTEM, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(jf, ) (Entered: 09/09/2014)
2014-09-094LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by SAINT JOSEPH HEALTH SYSTEM, INC. (jf, ) (Entered: 09/09/2014)
2014-09-09MINUTE ORDER. The parties are directed to place a joint conference call to chambers at 2:45 p.m. today, September 9, 2014, for an on-the-record conference call to discuss 2 petitioner's motion for a temporary restraining order. The dial-in number for the conference is 877-336-1839. The passcode is 5524636. SO ORDERED. Signed by Judge Emmet G. Sullivan on September 9, 2014. (lcegs4) (Entered: 09/09/2014)
2014-09-09Minute Entry for proceedings held before Judge Emmet G. Sullivan: Telephone Conference held on 9/9/2014 in regards to 2 MOTION for Temporary Restraining Order by SAINT JOSEPH HEALTH SYSTEM, INC. Order To Be Issued. (Court Reporter BOWLES REPORTING SERVICES.)(FTR Time Frame: 2:50:02 - 2:55:36; 3:33:07 - 3:39:05) (mac) (Entered: 09/09/2014)
2014-09-09MINUTE ORDER. In the discussion held on the record during the September 9, 2014 motion hearing, the parties agreed that the government shall not produce any documents that are the subject of this dispute pending final resolution of the issues in this case. Accordingly, it is hereby ORDERED that the government shall not produce any documents that are the subject of this dispute pending final resolution of the issues in this case. It is FURTHER ORDERED that the parties submit a joint proposed scheduling order for cross-motions for summary judgment by no later than September 11, 2014 at 12:00 p.m. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. It is FURTHER ORDERED that plaintiffs 2 motion for temporary restraining order and 3 motion for preliminary injunction are DENIED WITHOUT PREJUDICE. SO ORDERED. Signed by Judge Emmet G. Sullivan on September 9, 2014. (lcegs4) (Entered: 09/09/2014)
2014-09-10Set/Reset Deadlines: Joint Scheduling Order and or Individual Recommendations due by 9/11/2014. (mac) (Entered: 09/10/2014)
2014-09-115Joint MOTION for Scheduling Order by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Borum, Marian) (Entered: 09/11/2014)
2014-09-11MINUTE ORDER. Upon consideration of 5 the parties' joint proposed scheduling order, the parties are directed to comply with the following briefing schedule: plaintiff's motion for summary judgment shall be filed by no later than October 10, 2014. Defendant's opposition shall be filed by no later than November 10, 2014. If defendant chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Plaintiff's reply and, if applicable, combined opposition shall be filed by no later than November 25, 2014. Defendant's reply, if applicable, shall be filed by no later than December 15, 2014. SO ORDERED. Signed by Judge Emmet G. Sullivan on September 11, 2014. (lcegs4) (Entered: 09/11/2014)
2014-09-11Set/Reset Deadlines: Plaintiff's Motion For Summary Judgment motion due by 10/10/2014. Defendant's Opposition And/Or Cross-Motion due by 11/10/2014. Plaintiff Reply And, If Applcable, Combined Oppsition due by 11/25/2014. Defendant's Reply, If Applicable, due by 12/15/2014. (mac) (Entered: 09/11/2014)
2014-09-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 9/17/2014 (Pozefsky, Steven) (Entered: 09/24/2014)
2014-09-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/17/2014. Answer due for ALL FEDERAL DEFENDANTS by 10/17/2014. (Pozefsky, Steven) (Entered: 09/24/2014)
2014-09-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/17/2014. (Pozefsky, Steven) (Entered: 09/24/2014)
2014-09-309Joint MOTION for Leave to File Under Seal by SAINT JOSEPH HEALTH SYSTEM, INC. (Attachments: # 1 Text of Proposed Order)(Pozefsky, Steven) (Entered: 09/30/2014)
2014-10-01MINUTE ORDER granting 9 joint motion for leave to file under seal. (This document is SEALED and only available to authorized persons.). Signed by Judge Emmet G. Sullivan on 10/01/14.(zmac) (Entered: 10/01/2014)
2014-10-0910Joint MOTION for Briefing Schedule Extension by SAINT JOSEPH HEALTH SYSTEM, INC. (Attachments: # 1 Text of Proposed Order)(Pozefsky, Steven) (Entered: 10/09/2014)
2014-10-10MINUTE ORDER granting in part and denying in part 10 joint motion for briefing schedule adjustment. The parties represented that they have been "actively engaging in settlement discussions in hopes of resolving this matter without further Court intervention." The parties further represented that they are hopeful that they can reach a resolution in the next seven days. In light of these representations, it is hereby ORDERED that all proceedings in this case are STAYED until October 17, 2014, including summary judgment briefing, so that the parties may focus on settlement discussions. If the parties finalize a settlement by that date, they shall inform the Court by filing a stipulation of settlement. If the parties do not finalize a settlement, they shall file a joint status report, including a recommendation for further proceedings, by that same date. SO ORDERED. Signed by Judge Emmet G. Sullivan on October 10, 2014. (lcegs4) (Entered: 10/10/2014)
2014-10-14Set/Reset Deadlines: Stipulation or Joint Status Report due by 10/17/2014. (mac) (Entered: 10/14/2014)
2014-10-1711STIPULATION of Dismissal by SAINT JOSEPH HEALTH SYSTEM, INC.. (Pozefsky, Steven) (Entered: 10/17/2014)
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