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Case TitleBURKE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00825
Date Filed2016-05-03
Date Closed2017-07-31
JudgeJudge Christopher R. Cooper
PlaintiffPAUL BURKE
Case DescriptionPaul Burke submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning suggested guidance to medical providers in Accountable Care Organizations, some of which the organizations are required to provide to Medicare patients. The agency located 17 responsive pages, but withheld them under Exemption 5 (privileges). Burke filed an administrative appeal arguing that the records cannot be privileged because they were shared with outside medical organizations. Burke also contacted OGIS, which told Burke that his request was pending without any estimated completion date. After hearing nothing from the agency concerning his appeal, Burke filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
MOTION TO DISMISS + OPPOSITION TO PLAINTIFF’S MOTION FOR COSTS
OPINION AND ORDER
PLAINTIFF’S MOTION FOR AWARD OF COSTS
REPLY MEMORANDUM IN FURTHER SUPPORT OF DEFENDANT’S MOTION TO D
REPLY TO OPPOSITION TO COSTS + OPPOSITION TO MOTION TO DISMISS
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-031COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400, receipt number 4616077366) filed by PAUL BURKE. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 05/04/2016)
2016-05-03SUMMONS (3) Issued as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (td) (Entered: 05/04/2016)
2016-05-052MOTION for CM/ECF Password by PAUL BURKE (td) (Entered: 05/06/2016)
2016-05-06MINUTE ORDER: It is hereby ORDERED that Plaintiff's 2 Motion for CM/ECF Password be GRANTED. Signed by Judge Christopher R. Cooper on 5/6/2016. (lccrc3) (Entered: 05/06/2016)
2016-05-313RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/10/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/9/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/10/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 6/9/2016.) (Attachments: # 1 Exhibit USPS Documents)(BURKE, PAUL) (Entered: 05/31/2016)
2016-06-084NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Yee, Marsha) (Entered: 06/08/2016)
2016-06-085Unopposed MOTION for Extension of Time to File Defendant's Response to Plaintiff's Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/08/2016)
2016-06-10MINUTE ORDER granting 5 Defendant's Unopposed Motion for Extension of Time to File: It is hereby ORDERED that the time for Defendant to file a response to 1 Plaintiff's Complaint is hereby extended to and including July 8, 2016. Signed by Judge Christopher R. Cooper on 6/10/2016. (lccrc3) (Entered: 06/10/2016)
2016-06-116MOTION for Order for Partial Voluntary Dismissal and Award of Costs by PAUL BURKE (BURKE, PAUL) (Entered: 06/11/2016)
2016-06-13Set/Reset Deadlines: Defendant to file a response to 1 Plaintiff's Complaint is extended to and including 7/8/2016. (kt) (Entered: 06/13/2016)
2016-06-287Unopposed MOTION for Extension of Time to File Defendant's Response to Plaintiff's Complaint and Plaintiff's Motion for Partial Voluntary Dismissal and Award of Costs by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/28/2016)
2016-06-29MINUTE ORDER granting in part 7 Defendant's Unopposed Motion for Extension of Time: It is hereby ORDERED that the time for Defendant to file its responses to 1 Plaintiff's Complaint and Plaintiff's Motion for Order of Partial Voluntary Dismissal and Award of Costs is hereby extended to and including July 27, 2016. Signed by Judge Christopher R. Cooper on 6/29/2016. (lccrc3) (Entered: 06/29/2016)
2016-06-29Set/Reset Deadlines: Defendant's responses to 1 Plaintiff's Complaint and Plaintiff's Motion for Order of Partial Voluntary Dismissal and Award of Costs is extended to and including 7/27/2016. (kt) (Entered: 06/29/2016)
2016-06-308NOTICE of Voluntary Dismissal by PAUL BURKE (BURKE, PAUL) (Entered: 06/30/2016)
2016-07-01MINUTE ORDER: In light of 8 Plaintiff's notice of voluntary dismissal without prejudice, it is hereby ORDERED that 6 Plaintiff's Motion for Order of Partial Voluntary Dismissal and Award of Costs be DENIED AS MOOT. Signed by Judge Christopher R. Cooper on 7/1/2016. (lccrc3) (Entered: 07/01/2016)
2016-07-119MOTION for Order for Award of Costs by PAUL BURKE (Attachments: # 1 Declaration of Paul Burke with Exhibits, # 2 Text of Proposed Order)(BURKE, PAUL) (Entered: 07/11/2016)
2016-07-2710ANSWER to 1 Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Yee, Marsha) (Entered: 07/27/2016)
2016-07-2811MOTION to Dismiss by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 07/28/2016)
2016-07-2812Memorandum in opposition to re 9 MOTION for Order for Award of Costs filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 07/28/2016)
2016-08-0413REPLY to opposition to motion re 9 MOTION for Order for Award of Costs filed by PAUL BURKE. (Attachments: # 1 Exhibit Email from Burke to Gilmore, CMS, Confirming Conversations, January 14, 2015, # 2 Text of Proposed Order)(BURKE, PAUL) Modified on 8/5/2016 (td). (Entered: 08/04/2016)
2016-08-0514Memorandum in opposition to re 11 MOTION to Dismiss filed by PAUL BURKE. (Attachments: # 1 Exhibit Email from Burke to Gilmore, CMS, Confirming Conversations, January 14, 2015, # 2 Text of Proposed Order)(BURKE, PAUL) (Entered: 08/05/2016)
2016-08-1115REPLY to opposition to motion re 11 MOTION to Dismiss filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 08/11/2016)
2016-12-1416ORDER granting 9 Motion for Order for Award of Costs; denying 11 Motion to Dismiss for lack of subject-matter jurisdiction; and dismissing the Complaint, with prejudice, as there is no further relief to be sought. Signed by Judge Christopher R. Cooper on 12/14/2016. (lccrc3) (Entered: 12/14/2016)
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by FOIA Project Staff
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