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Case TitleFRESENIUS MEDICAL CARE HOLDINGS, INC. v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02356
Date Filed2016-12-01
Date Closed2017-04-27
JudgeJudge Reggie B. Walton
PlaintiffFRESENIUS MEDICAL CARE HOLDINGS, INC.
doing business as FRESENIUS MEDICAL CARE NORTH AMERICA
Case DescriptionFresenius Medical Care Holdings submitted a FOIA request to the Center for Medicare Services for records concerning a survey conducted of Fresenius's dialysis facilities in Mississippi by the Mississippi State Department of Health. The agency acknowledged receipt of the request, but despite several attempts to ascertain the status of its request, Fresenius Medical Care Holdings filed suit after hearing nothing further from the agency.
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-12-011COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4761934) filed by FRESENIUS MEDICAL CARE HOLDINGS INC. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Civil Cover Sheet)(Hankey, Kyle) (Entered: 12/01/2016)
2016-12-012LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FRESENIUS MEDICAL CARE HOLDINGS INC (Hankey, Kyle) (Entered: 12/01/2016)
2016-12-02Case Assigned to Judge Reggie B. Walton. (sb) (Entered: 12/02/2016)
2016-12-023SUMMONS (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 (Attachment: # 1 Consent Form)(sb) (Entered: 12/02/2016)
2016-12-164RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 12/6/2016 (Hankey, Kyle) (Entered: 12/16/2016)
2016-12-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/05/2016. (Hankey, Kyle) (Entered: 12/16/2016)
2016-12-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/5/2016. Answer due for ALL FEDERAL DEFENDANTS by 1/4/2017. (Hankey, Kyle) (Entered: 12/16/2016)
2016-12-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/5/2016 (Hankey, Kyle) (Entered: 12/16/2016)
2016-12-308NOTICE 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: 12/30/2016)
2016-12-309Unopposed 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: 12/30/2016)
2017-01-0210GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on 1/2/2017. (lcrbw3) (Entered: 01/02/2017)
2017-01-02MINUTE ORDER. Upon consideration of the defendants' 9 Unopposed Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendants shall respond to the complaint on or before January 18, 2017. Signed by Judge Reggie B. Walton on 1/2/2017. (lcrbw3) (Entered: 01/02/2017)
2017-01-0311NOTICE OF SUBSTITUTION OF COUNSEL by Andrew Justin Narod on behalf of FRESENIUS MEDICAL CARE HOLDINGS, INC. Substituting for attorney Kyle C. Hankey (Narod, Andrew) (Entered: 01/03/2017)
2017-01-04Set/Reset Deadlines: Answer to the Complaint due by 1/18/2017. (hs) (Entered: 01/04/2017)
2017-01-1712NOTICE OF SUBSTITUTION OF COUNSEL by Alexander Kenneth Haas on behalf of All Defendants Substituting for attorney Joshua M. Kolsky (Haas, Alexander) (Entered: 01/17/2017)
2017-01-1813ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Haas, Alexander) (Entered: 01/18/2017)
2017-01-23MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that the parties shall file a joint proposed briefing schedule governing the filing of dispositive motions on or before February 6, 2017. Signed by Judge Reggie B. Walton on 1/23/2017. (lcrbw3) (Entered: 01/23/2017)
2017-01-23Set/Reset Deadlines: Joint proposed briefing schedule due by 2/6/2017. (hs) (Entered: 01/23/2017)
2017-02-0614RESPONSE re Order, filed by FRESENIUS MEDICAL CARE HOLDINGS, INC.. (Attachments: # 1 Text of Proposed Order)(Narod, Andrew) (Entered: 02/06/2017)
2017-02-10MINUTE ORDER. In light of the parties' representations in response to the Court's order that the parties confer and file a joint proposed briefing schedule, it is hereby ORDERED that the parties shall appear for a status conference on February 21, 2017, at 10:00 a.m., to address the scheduling dispute. Signed by Judge Reggie B. Walton on 2/10/2017. (lcrbw3) (Entered: 02/10/2017)
2017-02-1315Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lisa S. Hoppenjans, :Firm- Dowd Bennett LLP, :Address- 7733 Forsyth Blvd., Ste. 1900, St. Louis, MO 63105. Phone No. - (314) 889-7316. Fax No. - (314) 863-2111 Filing fee $ 100, receipt number 0090-4839508. Fee Status: Fee Paid. by FRESENIUS MEDICAL CARE HOLDINGS, INC. (Attachments: # 1 Affidavit of Lisa S. Hoppenjans, # 2 Text of Proposed Order)(Narod, Andrew) (Entered: 02/13/2017)
2017-02-16MINUTE ORDER. The Court having considered movant Andrew J. Narod's Motion for Admission Pro Hac Vice of Lisa S. Hoppenjans, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Lisa S. Hoppenjans is ADMITTED to practice before the Court pro hac vice. Signed by Judge Reggie B. Walton on 2/16/2017. (lcrbw3) (Entered: 02/16/2017)
2017-02-2116RESPONSE TO ORDER OF THE COURT re Order, Fresenius' Supplement to Its Statement in the Joint Response to the Court's January 23, 2017 Order filed by FRESENIUS MEDICAL CARE HOLDINGS, INC.. (Narod, Andrew) (Entered: 02/21/2017)
2017-02-21Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/21/2017. Status Conference set for 3/13/2017 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 02/21/2017)
2017-02-2817NOTICE of Appearance by Jeremy S. Simon on behalf of CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Simon, Jeremy) (Entered: 02/28/2017)
2017-03-1018RESPONSE TO ORDER OF THE COURT re Order, Supplemental Response filed by FRESENIUS MEDICAL CARE HOLDINGS, INC.. (Attachments: # 1 Exhibit 1)(Narod, Andrew) (Entered: 03/10/2017)
2017-03-13Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 3/13/2017. Scheduling Order to issue via chambers. Status Conference set for 3/29/2017 at 09:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 03/13/2017)
2017-03-1319ORDER. In accordance with the attached Order, it is hereby ORDERED that the defendants' affidavit or declaration shall be filed on or before March 24, 2017; the plaintiff's response, in any, shall be filed on or before March 27, 2017; and the parties shall appear for a further status conference on March 29, 2017, at 9:00 a.m. Signed by Judge Reggie B. Walton on 3/13/2017. (lcrbw3) (Entered: 03/13/2017)
2017-03-2320Consent MOTION for Extension of Time to File Declaration or to Stay that Filing Deadline and to Adjourn Status Conference by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Proposed Order, # 2 CMS Letter (3.23.17))(Simon, Jeremy) (Entered: 03/23/2017)
2017-03-24MINUTE ORDER. In light of the representations in the 20 Consent Motion for Extension of Time or Stay of Deadline to File Declaration and to Adjourn Status Conference, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the March 29, 2017 hearing, is VACATED. It is further ORDERED that the parties shall file a status report on or before April 6, 2017. It is further ORDERED that the defendants' obligation to file a declaration pursuant to the Court's March 13, 2017 Order is STAYED pending further order of the Court. Signed by Judge Reggie B. Walton on 3/24/2017. (lcrbw3) (Entered: 03/24/2017)
2017-03-24Set/Reset Deadlines: Joint Status Report due by 4/6/2017. (hs) (Entered: 03/24/2017)
2017-04-0621Joint STATUS REPORT of the Parties by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 04/06/2017)
2017-04-07MINUTE ORDER. Upon consideration of the parties' Joint Status Report, it is hereby ORDERED that the parties shall file an updated status report on or before April 27, 2017. Signed by Judge Reggie B. Walton on 4/7/2017. (lcrbw3) (Entered: 04/07/2017)
2017-04-07Set/Reset Deadlines: Joint Status Report due by 4/27/2017 (hs) (Entered: 04/07/2017)
2017-04-2722Joint STATUS REPORT of the Parties by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 04/27/2017)
2017-04-2723STIPULATION of Dismissal by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 04/27/2017)
2017-04-27MINUTE ORDER. In light of the plaintiff's Stipulation of Dismissal, it is hereby ORDERED that this case is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on 4/27/2017. (lcrbw3) (Entered: 04/27/2017)
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