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Case TitleHamlin v. United States Department of Health and Human Services et al
DistrictWestern District of Oklahoma
CityOklahoma City
Case Number5:2015cv01027
Date Filed2015-09-21
Date Closed2016-01-14
JudgeHonorable Stephen P. Friot
PlaintiffJohn Hamlin
Case DescriptionJohn Hamlin submitted a FOIA request to the Centers for Medicare and Medicaid for records showing the number of diagnostic radiologists and diagnostic radiology groups in every state. After hearing nothing further from the agency, Hamlin filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Health and Human Services
DefendantSylvia Mathews Burwell Secretary of Health and Human Services, in her official capacity
DefendantCenters for Medicare and Medicaid Services
DefendantAndrew Slavitt acting administrator of the Centers for Medicare and Medicaid Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-09-211COMPLAINT against Sylvia Mathews Burwell, Centers for Medicare and Medicaid Services, Andrew Slavitt, United States Department of Health and Human Services filed by John Hamlin. (Attachments: # 1 Exhibit 1 FOIA Complaint, # 2 Civil Cover Sheet)(kr) (Entered: 09/21/2015)
2015-09-212Summons Issued Electronically as to Sylvia Mathews Burwell, Centers for Medicare and Medicaid Services, Andrew Slavitt, United States Department of Health and Human Services., Summons Issued Electronically as to Sylvia Mathews Burwell, Centers for Medicare and Medicaid Services, Andrew Slavitt, United States Department of Health and Human Services, U.S. Attorney and U.S. Attorney General (kr) (Entered: 09/21/2015)
2015-09-21PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2149352. (Hamlin, John) (Entered: 09/21/2015)
2015-09-213ENTRY of Appearance by John P Hamlin on behalf of All Plaintiffs (Hamlin, John) (Entered: 09/21/2015)
2015-10-124SUMMONS RETURNED EXECUTED by John Hamlin. Sylvia Mathews Burwell served on 9/28/2015. (Hamlin, John) (Entered: 10/12/2015)
2015-10-125SUMMONS RETURNED EXECUTED by John Hamlin. Centers for Medicare and Medicaid Services served on 9/25/2015. (Hamlin, John) (Entered: 10/12/2015)
2015-10-126SUMMONS RETURNED EXECUTED by John Hamlin. United States Department of Health and Human Services served on 9/28/2015. (Hamlin, John) (Entered: 10/12/2015)
2015-10-127SUMMONS RETURNED EXECUTED by John Hamlin. Andrew Slavitt served on 9/25/2015. (Hamlin, John) (Entered: 10/12/2015)
2015-10-128SUMMONS RETURNED EXECUTED as to Non-Party for Summons and Complaint served on Civil Clerk on 09/23/2015, filed by Plaintiff John Hamlin. (Hamlin, John) (Entered: 10/12/2015)
2015-10-129SUMMONS RETURNED EXECUTED as to Non-Party for Summons and Complaint served on Loretta Lynch, Attorney General on 09/28/2015, filed by Plaintiff John Hamlin. (Hamlin, John) (Entered: 10/12/2015)
2015-10-2110ENTRY of Appearance by Rebecca A Frazier on behalf of Sylvia Mathews Burwell, Centers for Medicare and Medicaid Services, Andrew Slavitt, United States Department of Health and Human Services (Frazier, Rebecca) (Entered: 10/21/2015)
2015-10-2111MOTION for Extension of Time to File Answer re 1 Complaint, by Sylvia Mathews Burwell, Centers for Medicare and Medicaid Services, Andrew Slavitt, United States Department of Health and Human Services. (Frazier, Rebecca) (Entered: 10/21/2015)
2015-10-2212ORDER granting 11 Defendants' Unopposed Motion for Extension of Time to Answer re 1 Complaint. All dfts' answer or other responsive pldg due 11/23/15. Signed by Honorable Stephen P. Friot on 10/22/15. (llg) (Entered: 10/22/2015)
2015-11-2313MOTION to Dismiss with Brief in Support by Sylvia Mathews Burwell, Centers for Medicare and Medicaid Services, Andrew Slavitt, United States Department of Health and Human Services. (Frazier, Rebecca) (Entered: 11/23/2015)
2015-12-1014RESPONSE to Motion re 13 MOTION to Dismiss with Brief in Support filed by John Hamlin. (Attachments: # 1 Exhibit FOIA Request July 27, 2015, # 2 Exhibit FOIA Certified Mail, # 3 Exhibit 45 CFR § 5.31, # 4 Exhibit CMS FOIA Response Letter, # 5 Exhibit CMS Audit Letter Example)(Hamlin, John) (Entered: 12/10/2015)
2015-12-1715REPLY by Defendants Sylvia Mathews Burwell, Centers for Medicare and Medicaid Services, Andrew Slavitt, United States Department of Health and Human Services with Brief in Support filed by Sylvia Mathews Burwell, Centers for Medicare and Medicaid Services, Andrew Slavitt, United States Department of Health and Human Services. (Frazier, Rebecca) (Entered: 12/17/2015)
2016-01-1416ORDER granting 13 Defendants' Motion to Dismiss under Rule 12(b)(6), Fed. R. Civ. P. Signed by Honorable Stephen P. Friot on 1/14/16. (llg) (Entered: 01/14/2016)
2016-01-1417JUDGMENT in favor of defendants, the United States of America Department of Health and Human Services; Sylvia Mathews Burwell, Secretary of Health and Human Services; Centers for Medicare and Medicaid Services (CMS); and Andrew Slavitt, Acting Administrator of the Centers for Medicare and Medicaid Services, and against plaintiff, John Hamlin. Signed by Honorable Stephen P. Friot on 1/14/16. (llg) (Entered: 01/14/2016)
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by FOIA Project Staff
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