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Case TitleSmart Pharmacy, Inc. et al v. Defense Health Agency
DistrictMiddle District of Florida
CityJacksonville
Case Number3:2018cv01078
Date Filed2018-09-07
Date ClosedOpen
JudgeJudge Timothy J. Corrigan
PlaintiffSmart Pharmacy, Inc.
PlaintiffSP2, LLC
PlaintiffWilliam C. Scrogins
PlaintiffGregory H. Balotin
Case DescriptionSmart Pharmacy submitted a FOIA request to the Defense Health Agency for records concerning the agency's decision to suspend payments to Smart Pharmacy. The agency acknowledged receipt of the request. The agency ultimately denied Smart Pharmacy's request on the basis of Exemption 7(A) (ongoing investigation or proceeding). Smart Pharmacy did not file an administrative appeal but filed suit instead.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDefense Health Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-071COMPLAINT for Declaratory and Injunctive Relief against Defense Health Agency (filing fee $400; receipt number JAX028933) filed by all Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet)(JSG) (Entered: 09/07/2018)
2018-09-072SUMMONS issued as to Defense Health Agency. (JSG) (Entered: 09/07/2018)
2018-09-273RETURN of service executed on 09/20/2018 by Smart Pharmacy, Inc. as to Defense Health Agency. (Calamunci, Anthony) (Entered: 09/27/2018)
2018-09-274RETURN of service executed on 09/17/2018 by Smart Pharmacy, Inc. as to Defense Health Agency. (Calamunci, Anthony) (Entered: 09/27/2018)
2018-09-275RETURN of service executed on 09/17/2018 by Smart Pharmacy, Inc. as to Defense Health Agency. (Calamunci, Anthony) (Entered: 09/27/2018)
2018-10-176ANSWER to 1 Complaint and Affirmative Defenses by Defense Health Agency.(Carter, Ronnie) (Entered: 10/17/2018)
2018-10-267ORDER directing the parties to confer and file a joint notice advising the Court how they wish to proceed by 11/13/18. Signed by Judge Timothy J. Corrigan on 10/26/2018. (MD) (Entered: 10/26/2018)
2018-11-138JOINT NOTICE re 7 ORDER by Gregory H. Balotin, SP2, LLC, William C. Scrogins, Smart Pharmacy, Inc. (Dickerson, Brian). Modified on 11/13/2018 to edit text and create docket entry relationship (JSG). (Entered: 11/13/2018)
2018-11-209NOTICE of hearing: Telephone Status Conference set for 12/6/2018 at 10:00 AM before Judge Timothy J. Corrigan. See Notice for call in information.(MD) (Entered: 11/20/2018)
2018-12-0610MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: Telephone Status Hearing held on 12/6/2018. Court Reporter: Cornerstone. (MD) (Entered: 12/06/2018)
2018-12-1211TRANSCRIPT of telephonic conference held on 12/6/2018 before Judge Timothy J. Corrigan. Court Reporter/Transcriber Cornerstone/Georgeanne Rodriguez,Telephone number (904) 647-4723. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 1/2/2019, Redacted Transcript Deadline set for 1/14/2019, Release of Transcript Restriction set for 3/12/2019. (JSG) (Entered: 12/12/2018)
2018-12-1212NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cornerstone. (JSG) (Entered: 12/12/2018)
2018-12-1213ORDER setting schedule: parties to try to resolve requests by 1/9/2018; absent full resolution, government's motion for summary judgment and Vaughn Index due by 2/8/2019; plaintiffs' response due by 3/8/2019. Signed by Judge Timothy J. Corrigan on 12/12/2018. (SRW) (Entered: 12/12/2018)
2019-01-0814MOTION to extend time to Meet Deadlines in Court's Order Setting Schedule [Doc 13] by Defense Health Agency. (Carter, Ronnie) Motions referred to Magistrate Judge James R. Klindt. (Entered: 01/08/2019)
2019-01-0915ENDORSED ORDER granting 14 Motion for enlargement of deadlines: the parties shall confer by 2/8/2019; defendant shall file its dispositive motion by 3/8/2019; plaintiffs shall respond by 4/8/2019. Signed by Judge Timothy J. Corrigan on 1/9/2019. (SRW) (Entered: 01/09/2019)
2019-02-0816JOINT NOTICE and MOTION for extension of dispositive motion deadlines by Smart Pharmacy, Inc. (Dickerson, Brian). Modified on 2/11/2019 to edit event and text (JSG). (Entered: 02/08/2019)
2019-02-2017ENDORSED ORDER re: 16 Joint Notice, extending deadlines as follows: defendant shall file its dispositive motion by 3/22/2019; plaintiffs shall respond by 4/22/2019. Signed by Judge Timothy J. Corrigan on 2/20/2019. (SRW) (Entered: 02/20/2019)
2019-02-2718JOINT NOTICE Regarding Parties' Continuing Effort to Resolve Matter by Defense Health Agency (Carter, Ronnie). Modified on 2/27/2019 to edit text (JSG). (Entered: 02/27/2019)
2019-03-0519ENDORSED ORDER re: 18 , extending deadlines as follows: parties to provide future update by 3/20/19; dispositive motions due by 4/29/19; responses due by 5/29/19. Signed by Judge Timothy J. Corrigan on 3/5/2019. (MD) (Entered: 03/05/2019)
2019-03-2020Joint MOTION to extend time to May 20, 2019 to report to court on resolution or propose new due dates by All Plaintiffs. (Dickerson, Brian) Motions referred to Magistrate Judge James R. Klindt. (Entered: 03/20/2019)
2019-03-2121ENDORSED ORDER granting 20 Motion to extend time: the previously entered deadlines are vacated; no later than 5/22/2019, the parties shall file a report on the resolution of this matter or propose dates for filing dispositive motions. Signed by Judge Timothy J. Corrigan on 3/21/2019.(SRW) (Entered: 03/21/2019)
2019-05-2222JOINT PROPOSAL for Dispositive Motions by Gregory H. Balotin, SP2, LLC, William C. Scrogins, Smart Pharmacy, Inc. (Dickerson, Brian). Modified on 5/23/2019 to edit text (JSG). (Entered: 05/22/2019)
2019-05-2323ORDER adopting parties' Joint Proposal: no later than 8/1/2019 defendant shall file its motion for summary judgment along with a Vaughn Index; no later than 8/30/2019 plaintiffs shall file their response. The parties are directed to deliver courtesy copies of their filings to chambers. Signed by Judge Timothy J. Corrigan on 5/23/2019. (SRW) (Entered: 05/23/2019)
2019-07-0224STIPULATION of Dismissal by Gregory H. Balotin, SP2, LLC, William C. Scrogins, Smart Pharmacy, Inc.. (Dickerson, Brian) (Entered: 07/02/2019)
2019-07-0825ORDER dismissing this case without prejudice pursuant to 24 Stipulation of Dismissal. The Clerk shall close the file. Signed by Judge Timothy J. Corrigan on 7/8/2019. (JJB) (Entered: 07/08/2019)
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by FOIA Project Staff
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