Skip to content

Case Detail

[Subscribe to updates]
Case TitleHENDRIX v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv02103
Date Filed2015-12-03
Date Closed2018-04-13
JudgeJudge Timothy J. Kelly
PlaintiffGLENN HENDRIX
Case DescriptionGlenn Hendrix, an attorney representing nursing home facilities, submitted seven FOIA requests to the Department of Health and Human Services for records pertaining to a report issued by the Office of the Inspector General at the agency concerning questionable billing practices by skilled nursing facilities and the role played by the OIG in preparing the report. His requests were sent primarily to the Centers for Medicare and Medicaid Services, but several also were sent to the OIG. The agency acknowledged receipt of the requests and either indicated that responding to the request would take longer than 20 days or did not respond at all. Hendrix appealed the delay, but that appeal was not resolved by the time he filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
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
Complaint attachment 26
Complaint attachment 27
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-031COMPLAINT for Injunctive Relief against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-4336692) filed by Glenn Hendrix. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Summons on Attorney General, # 25 Summons on United States Attorney for the District of Columbia, # 26 Summons on United States Department of Health and Human Services, # 27 Summons on Centers for Medicare and Medicaid Services)(Olson, Eric) (Entered: 12/03/2015)
2015-12-032MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sara M. Lord, :Firm- Arnall Golden Gregory LLP, :Address- 1775 Pennsylvania Ave., NW, Ste. 1000, Washington, DC 20006. Phone No. - 2026774054. Fax No. - 2026774055 Filing fee $ 100, receipt number 0090-4336783. Fee Status: Fee Paid. by Glenn Hendrix (Attachments: # 1 Declaration of Sara Lord, # 2 Text of Proposed Order)(Olson, Eric) (Entered: 12/03/2015)
2015-12-03Case Assigned to Judge Richard J. Leon. (md) (Entered: 12/04/2015)
2015-12-043SUMMONS (4) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 12/04/2015)
2015-12-214NOTICE of Appearance by Joshua M. Kolsky on behalf of CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Kolsky, Joshua) (Entered: 12/21/2015)
2016-01-045STANDING ORDER. Signed by Judge Richard J. Leon on 01/04/2016. (lcrjl1, ) (Entered: 01/04/2016)
2016-01-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General December 11, 2015. (Olson, Eric) (Entered: 01/05/2016)
2016-01-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/14/2015. Answer due for ALL FEDERAL DEFENDANTS by 1/13/2016. (Olson, Eric) (Entered: 01/05/2016)
2016-01-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/14/2015 (Olson, Eric) (Entered: 01/05/2016)
2016-01-059RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 12/21/2015 (Attachments: # 1 Affidavit of Attempted Service on Defendant Centers for Medicare and Medicaid Services)(Olson, Eric) (Entered: 01/05/2016)
2016-01-1110Consent MOTION for Extension of Time to File Answer re 1 Complaint,,, by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/11/2016)
2016-01-19MINUTE ORDER granting 10 Consent MOTION for Extension of Time To Respond To Complaint. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that any response to the complaint shall be filed on or before February 12, 2016. Signed by Judge Richard J. Leon on 01/19/2016. (lcrjl1, ) (Entered: 01/19/2016)
2016-01-20Set/Reset Deadlines: Answer due by 2/12/2016. (tb) (Entered: 01/20/2016)
2016-01-29MINUTE ORDER granting 2 Motion for Admission Pro Hac Vice of Sara M. Lord. It is hereby ORDERED that the motion is GRANTED and that Sara M. Lord be, and hereby is, admitted pro hac vice in this case. Signed by Judge Richard J. Leon on 01/29/2016. (lcrjl1, ) (Entered: 01/29/2016)
2016-02-1211ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Yee, Marsha) (Entered: 02/12/2016)
2016-02-1212NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of All Defendants Substituting for attorney Joshua M. Kolsky (Yee, Marsha) (Entered: 02/12/2016)
2017-04-2113NOTICE OF SUBSTITUTION OF COUNSEL by Bradford J. Kelley on behalf of GLENN HENDRIX Substituting for attorney Eric D. Olson (Kelley, Bradford) (Entered: 04/21/2017)
2017-04-2614MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew C. Stevens, :Firm- Arnall Golden Gregory LLP, :Address- 171 17th Street, NW, Suite 2100, Atlanta, GA 30363. Phone No. - 404-873-8734. Fax No. - 404-873-8735 Filing fee $ 100, receipt number 0090-4929429. Fee Status: Fee Paid. by GLENN HENDRIX (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kelley, Bradford) (Entered: 04/26/2017)
2017-05-23MINUTE ORDER granting Motion for Admission Pro Hac Vice of Andrew C. Stevens 14 . It is hereby ORDERED that Andrew C. Stevens is admitted pro hac vice in this case as counsel for plaintiff. Signed by Judge Richard J. Leon on 05/23/17. (lcrjl1) (Entered: 05/23/2017)
2017-09-18Case directly reassigned to Judge Timothy J. Kelly. Judge Richard J. Leon is no longer assigned to the case. (ztnr) (Entered: 09/18/2017)
2017-10-1615PROPOSED BRIEFING SCHEDULE by GLENN HENDRIX. (Attachments: # 1 Plaintiff's Proposed Scheduling Order)(Kelley, Bradford) (Entered: 10/16/2017)
2017-10-30MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by November 14, 2017. Signed by Judge Timothy J. Kelly on 10/30/2017. (lctjk3) (Entered: 10/30/2017)
2017-10-31Set/Reset Deadlines: Joint proposed schedule for briefing or disclosure due by 11/14/2017 (tj) (Entered: 10/31/2017)
2017-11-1416PROPOSED BRIEFING SCHEDULE (Joint) by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 11/14/2017)
2017-11-15MINUTE ORDER granting 16 Joint Proposed Briefing Schedule. Defendants' Motion for Summary Judgment, including their Vaughn Index and any supporting declarations, shall be due by January 25, 2018. Plaintiff's Opposition to Defendants' Motion for Summary Judgment and any Cross-Motion for Summary Judgment shall be due by March 15, 2018. Defendants' Reply in support of their Motion for Summary Judgment and Opposition to any Cross-Motion for Summary Judgment shall be due by May 3, 2018. Plaintiff's Reply in support of any Cross-Motion for Summary Judgment shall be due by May 31, 2018. Signed by Judge Timothy J. Kelly on 11/15/2017. (lctjk3) (Entered: 11/15/2017)
2017-11-16Set/Reset Deadlines: Defendant's Summary Judgment motion due by 1/25/2018. Plaintiff's Response to Motion for Summary Judgment and any Cross Motions due by 3/15/2018. Defendant's Reply to Motion for Summary Judgment and Response to Cross Motions due by 5/3/2018. Plaintiff's Reply to Cross Motions due by 5/31/2018. (kh) (Entered: 11/16/2017)
2018-01-2517MOTION for Summary Judgment by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Statement of Facts, # 2 Declaration Robin R. Brooks, # 3 Declaration Hugh Gilmore, # 4 Text of Proposed Order)(Yee, Marsha) (Entered: 01/25/2018)
2018-03-1318Unopposed MOTION for Extension of Time to File Response/Reply by GLENN HENDRIX (Attachments: # 1 Text of Proposed Order)(Kelley, Bradford) (Entered: 03/13/2018)
2018-03-15MINUTE ORDER granting Plaintiff's 18 Unopposed Motion for Extension. It is hereby ORDERED that Plaintiff shall file his Opposition to Defendants' Motion for Summary Judgment and any Cross-Motion for Summary Judgment by April 20, 2018; Defendants shall file their Reply in support of their Motion for Summary Judgment and Opposition to any Cross-Motion for Summary Judgment by June 6, 2018; and Plaintiff shall file his Reply in support of any Cross-Motion for Summary Judgment by July 13, 2018. Signed by Judge Timothy J. Kelly on 3/15/2018. (lctjk3) (Entered: 03/15/2018)
2018-04-1319STIPULATION of Dismissal by GLENN HENDRIX. (Kelley, Bradford) (Entered: 04/13/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar