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Case TitleKilborn v. United States Department of Health & Human Services et al
DistrictSouthern District of Alabama
CityMobile
Case Number1:2015cv00633
Date Filed2015-12-15
Date Closed2016-04-01
JudgeJudge Kristi K. DuBose
PlaintiffVincent F. Kilborn, III
Case DescriptionVincent Kilburn submitted a FOIA request to the Centers for Medicare and Medicaid Services for an investigation or survey completed on June 26, 2013 of the Mobile Infirmary Medical Center. Kilburn was told that there were three records responsive to his request and they would be processed by the FOIA office. After contacting the FOIA office several times over a period of months without success, Kilburn filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Health & 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-151COMPLAINT against Centers for Medicare and Medicaid Services, United States Department of Health & Human Services ( Filing fee $400 receipt number 1128-1837341, Online Credit Card Payment), filed by Vincent F. Kilborn, III. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Summons CMS, # 6 Exhibit Summons DHHS, # 7 Exhibit Summons Local, # 8 Exhibit Summons Lynch) (Kilborn, Vincent) (Additional attachment(s) added on 12/17/2015: # 9 Civil Cover Sheet) (cmj). (Entered: 12/15/2015)
2015-12-162Summons Issued as to Centers for Medicare and Medicaid Services, United States Department of Health & Human Services, USAG and USATTY. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (cmj) (Entered: 12/16/2015)
2015-12-173This action has been transferred from the docket of Magistrate Judge Bert W. Milling, Jr. and is now assigned to the docket of Magistrate Judge Sonja F. Bivins. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-B after the case number on all future pleadings. (jlr) (Entered: 12/17/2015)
2016-01-194ANSWER to 1 Complaint,, by Centers for Medicare and Medicaid Services, United States Department of Health & Human Services. (Butler, Steven) (Entered: 01/19/2016)
2016-01-205PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 3/7/2016.. Signed by Magistrate Judge Sonja F. Bivins on 1/20/2016. (cmj) (Entered: 01/20/2016)
2016-01-266ACKNOWLEDGEMENT OF SERVICE Executed as to Centers for Medicare & Medicaid Services on 12/22/15. (Kilborn, Vincent) Modified on 1/29/2016 (cmj). (Entered: 01/26/2016)
2016-01-267ACKNOWLEDGEMENT OF SERVICE Executed as to Department of Justice on 12/23/15 (Kilborn, Vincent) Modified on 1/29/2016 (cmj). (Entered: 01/26/2016)
2016-01-268ACKNOWLEDGEMENT OF SERVICE Executed as to US Health & Human Services on 12/22/15. (Kilborn, Vincent) Modified on 1/29/2016 (cmj). (Entered: 01/26/2016)
2016-01-269ACKNOWLEDGEMENT OF SERVICE Executed as to US Attorney on 12/18/15. (Kilborn, Vincent) Modified on 1/29/2016 (cmj). (Entered: 01/26/2016)
2016-03-0210Joint MOTION for Extension of Time to File Preliminary Conference Report by Centers for Medicare and Medicaid Services, United States Department of Health & Human Services. (Butler, Steven) (Entered: 03/02/2016)
2016-03-02MOTIONS REFERRED: 10 Joint MOTION for Extension of Time to File Preliminary Conference Report Referred to Judge Sonja F. Bivins. (cmj) (Entered: 03/02/2016)
2016-03-0211ENDORSED ORDER granting [Doc. 10] Joint Motion for Extension of Time to file Rule 26(f) report. The parties' report is due April 6, 2016. Signed by Magistrate Judge Sonja F. Bivins on 3/2/2016. (ktw) (Entered: 03/02/2016)
2016-03-3112MOTION to Dismiss Without Prejudice by Vincent F. Kilborn, III. (Kilborn, Vincent) (Entered: 03/31/2016)
2016-03-31MOTIONS REFERRED: 12 MOTION to Dismiss Without Prejudice to Judge DuBose (cmj) (Entered: 03/31/2016)
2016-04-0113Order re: 12 MOTION to Dismiss Without Prejudice filed by Vincent F. Kilborn, III with the Court construing this as a Rule 41(a)(2) motion. This matter is dismissed without prejudice. Signed by Judge Kristi K. DuBose on 4/1/2016. (cmj) (Entered: 04/01/2016)
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by FOIA Project Staff
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