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Case TitleTOSH, et al. v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, et al.
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00915
Date Filed2018-04-18
Date Closed2021-03-18
JudgeJudge Tanya S. Chutkan
PlaintiffERNEST C. TOSH
PlaintiffDAVID T. MARKS
Case DescriptionErnest Tosh and David Marks, two attorneys in Texas, submitted FOIA requests to the Centers for Medicare and Medicaid Services for de-identified records concerning Minimum Data Set assessments that must be filed with CMS by nursing homes. The agency told Tosh that he would have to pay $9,000 in fees to search and produce the records. Tosh paid the fee estimate. Marks was also told that he would be required to pay fees. Both Tosh and Marks filed an administrative appeal of the agency's failure to respond. After hearing nothing further from the agency. Tosh and Marks filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-181COMPLAINT against Ernest C. Tosh, David T. Marks ( Filing fee $ 400 receipt number 0090-5429115) filed by Ernest C. Tosh, David T. Marks. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Curran, Patrick) (Entered: 04/18/2018)
2018-04-202REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by Ernest C. Tosh, David T. Marks. Related document: 1 Complaint, filed by Ernest C. Tosh, David T. Marks.(Curran, Patrick) (Entered: 04/20/2018)
2018-04-233NOTICE of Appearance by Patrick John Curran, Jr on behalf of DAVID T. MARKS, ERNEST C. TOSH (Curran, Patrick) (Entered: 04/23/2018)
2018-04-24Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 04/24/2018)
2018-04-244SUMMONS (4) Issued Electronically as to UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 04/24/2018)
2018-05-025ENTERED IN ERROR. . . . .NOTICE OF RELATED CASE by DAVID T. MARKS, ERNEST C. TOSH. Case related to Case No. 1:18-cv-000949. (Curran, Patrick) Modified on 5/2/2018 (ztd). (Entered: 05/02/2018)
2018-05-02NOTICE OF ERROR re 5 Notice of Related Case; emailed to patcurran@dwt.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please see LCvR 5.1(a) Correspondence and 5.1(d) Form of Documents. (ztd, ) (Entered: 05/02/2018)
2018-05-026NOTICE OF RELATED CASE by DAVID T. MARKS, ERNEST C. TOSH. Case related to Case No. 1:18-cv-000949. (Curran, Patrick) (Entered: 05/02/2018)
2018-05-077NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 05/07/2018)
2018-05-098ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 4/27/2018. Answer due for ALL D.C. DEFENDANTS by 5/18/2018. (Attachments: # 1 Exhibit A)(Curran, Patrick) Modified on 5/10/2018 (zrdj). (Entered: 05/09/2018)
2018-05-099RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/7/2018 (Attachments: # 1 Exhibit A)(Curran, Patrick) (Entered: 05/09/2018)
2018-05-0910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/27/2018. (Attachments: # 1 Exhibit A)(Curran, Patrick) (Entered: 05/09/2018)
2018-05-0911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES served on 4/26/2018 (Attachments: # 1 Exhibit A)(Curran, Patrick) (Entered: 05/09/2018)
2018-05-10NOTICE OF CORRECTED DOCKET ENTRY: re 8 Summons Returned Executed as to DC Attorney General, was entered in error at the request of counsel. (zrdj) (Entered: 05/10/2018)
2018-05-1012RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/27/2018. (Attachments: # 1 Exhibit A)(Curran, Patrick) (Entered: 05/10/2018)
2018-05-2413MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Taaffe, Damon) (Entered: 05/24/2018)
2018-05-2514ERRATA Notifying Court of Plaintiff's Consent to Motion by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES 13 MOTION for Extension of Time to File Answer re 1 Complaint, filed by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Taaffe, Damon) (Entered: 05/25/2018)
2018-05-25MINUTE ORDER: Granting 13 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by June 11, 2018. Going forward, a party shall confer, as required by Local Civil Rule 7(m), at least 48 hours prior to filing a non dispostive motion. Signed by Judge Tanya S. Chutkan on 5/25/18. (DJS) (Entered: 05/25/2018)
2018-05-25Set/Reset Deadlines: Answer due by 6/11/2018. (tb) (Entered: 05/25/2018)
2018-06-1115MOTION to Sever by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Taaffe, Damon) (Entered: 06/11/2018)
2018-06-2016RESPONSE re 15 MOTION to Sever filed by DAVID T. MARKS, ERNEST C. TOSH. (Attachments: # 1 Exhibit, # 2 Affidavit)(Curran, Patrick) (Entered: 06/20/2018)
2018-08-2217Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Taaffe, Damon) (Entered: 08/22/2018)
2018-08-24MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall file another joint report and proposed order by September 21, 2018. Signed by Judge Tanya S. Chutkan on 8/24/18. (DJS) (Entered: 08/24/2018)
2018-08-24Set/Reset Deadlines: Joint Status Report and Proposed Order are due by 9/21/2018. (jth) (Entered: 08/26/2018)
2018-09-2118Joint STATUS REPORT by DAVID T. MARKS, ERNEST C. TOSH. (Attachments: # 1 Text of Proposed Order)(Curran, Patrick) (Entered: 09/21/2018)
2018-10-06MINUTE ORDER: Having considered the parties' joint status report 18 it is hereby ordered that the parties shall file another joint report by November 20, 2018, and every 60 days thereafter. To the extent the parties are unable to agree on how to proceed or to the extent the parties propose a briefing schedule, the joint status shall also include a proposed order. Signed by Judge Tanya S. Chutkan on 10/3/18. (DJS) (Entered: 10/06/2018)
2018-10-11Set/Reset Deadlines: Joint Status Report due by 11/20/2018. (tb) (Entered: 10/11/2018)
2018-10-19MINUTE ORDER: Defendants' June 11, 2018 unopposed motion 15 to sever is hereby GRANTED. Plaintiff David Marks shall file and serve a separate complaint, which shall be identified as related to the instant action, on or before November 2, 2018. Signed by Judge Tanya S. Chutkan on 10/19/18. (lctsc1) (Entered: 10/19/2018)
2018-10-22Set/Reset Deadlines: Plaintiff Marks shall file and serve a separate complaint by 11/2/2018. (tb) (Entered: 10/22/2018)
2018-11-2019Joint STATUS REPORT by ERNEST C. TOSH. (Curran, Patrick) (Entered: 11/20/2018)
2019-01-1820Joint STATUS REPORT by ERNEST C. TOSH. (Attachments: # 1 Text of Proposed Order)(Curran, Patrick) (Entered: 01/18/2019)
2019-01-24NOTICE OF ERROR re 20 Status Report; emailed to patcurran@dwt.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. DO NOT REFILE - Signature should match login/password (zjf, ) (Entered: 01/24/2019)
2019-02-1521NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 02/15/2019)
2019-03-2222Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 03/22/2019)
2019-05-2123Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 05/21/2019)
2019-07-2224Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 07/22/2019)
2019-09-2025Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 09/20/2019)
2019-11-1926Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 11/19/2019)
2020-01-1727Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 01/17/2020)
2020-03-1728Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 03/17/2020)
2020-05-1529Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 05/15/2020)
2020-07-0930ENTERED IN ERROR. . . . .Joint STATUS REPORT by DAVID T. MARKS, ERNEST C. TOSH. (Curran, Patrick) Modified on 7/10/2020 (ztd). (Entered: 07/09/2020)
2020-07-10NOTICE OF ERROR re 30 Status Report; emailed to patcurran@dwt.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. If you are electronically filing, your name must appear on the signature line on the document and vice versa. (ztd, ) (Entered: 07/10/2020)
2020-07-1331Joint STATUS REPORT by DAVID T. MARKS, ERNEST C. TOSH. (Curran, Patrick) (Entered: 07/13/2020)
2020-07-2432Joint STATUS REPORT by ERNEST C. TOSH. (Attachments: # 1 Text of Proposed Order)(Curran, Patrick) (Entered: 07/24/2020)
2020-08-1033Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 08/10/2020)
2020-09-0134Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 09/01/2020)
2020-09-1535Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 09/15/2020)
2020-10-1536Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 10/15/2020)
2020-11-1637Joint STATUS REPORT by ERNEST C. TOSH. (Attachments: # 1 Text of Proposed Order)(Curran, Patrick) (Entered: 11/16/2020)
2020-11-17NOTICE OF ERROR re 37 Status Report; emailed to patcurran@dwt.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. DO NOT REFILE - Signature must match login/password; Future filings will be entered in error (zjf, ) (Entered: 11/17/2020)
2020-12-1638Joint STATUS REPORT by DAVID T. MARKS, ERNEST C. TOSH. (Attachments: # 1 Text of Proposed Order)(Curran, Patrick) (Entered: 12/16/2020)
2021-01-1539Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 01/15/2021)
2021-02-1240Joint STATUS REPORT by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 02/12/2021)
2021-03-1741Joint MOTION to Dismiss , Joint Status Report, and , Joint MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 03/17/2021)
2021-03-1742Joint STATUS REPORT by DAVID T. MARKS, ERNEST C. TOSH, UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (See Docket Entry 41 to view document). (znmw) (Entered: 03/19/2021)
2021-03-18MINUTE ORDER: Granting Joint 41 Motion to Dismiss. The Plaintiff's Complaint is hereby DISMISSED with prejudice. The Court will retain jurisdiction over the matter for the purpose of considering Plaintiffs' motion for attorneys' fees and cost. Plaintiffs shall file their motion by 6/15/21. Alternatively, the parties shall file a joint status report by 6/15/21 and every 60 days thereafter. If the parties resolve Plaintiffs' request for attorneys' fees and costs prior to that date, they shall promptly notify the Court. Signed by Judge Tanya S. Chutkan on 3/18/21. (DJS) (Entered: 03/18/2021)
2021-03-18Set/Reset Deadlines: Joint Status Report due by 6/15/2021. (tb) (Entered: 03/18/2021)
2021-03-18NOTICE OF ERROR re 41 Motion to Dismiss; emailed to christopher.hair@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Counsel please remember to file all parts of documents if multiple events or reliefs are involved. (ztd, ) (Entered: 03/18/2021)
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