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Case TitleMARKS v. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02538
Date Filed2018-11-02
Date Closed2019-02-28
JudgeJudge Tanya S. Chutkan
PlaintiffDAVID T. MARKS
Case DescriptionDavid Marks, an attorney who represents nursing home residents, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning non-identifying minimum data sets submitted by nursing homes for individual residents. The agency acknowledged receipt of the request but told Marks that the data was publicly available for a fee from the Research Data Assistance Center. Marks was told by the Data Center that its data could not be used for litigation purposes and that he would need to get the information through FOIA. The FOIA Office agreed to process the request with redactions and Marks agreed to pay fees. However, after hearing nothing further from the agency, Marks filed an administrative appeal. After hearing nothing further pertaining to his administrative appeal, Marks filed suit.
Complaint issues: Litigation - Attorney's fees, Choice of format, Failure to respond within statutory time limit, Public Interest Fee Waiver

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

2018-11-021COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5772305) filed by DAVID T. MARKS. (Attachments: # 1 Civil Cover Sheet)(Braverman, Burt) (Entered: 11/02/2018)
2018-11-022NOTICE OF RELATED CASE by DAVID T. MARKS. Case related to Case No. 18cv915 and 18cv949. (Braverman, Burt) (Entered: 11/02/2018)
2018-11-07Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 11/07/2018)
2018-11-07SUMMONS Not Issued 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 (zsb) (Entered: 11/09/2018)
2018-11-093REQUEST FOR SUMMONS TO ISSUE filed by DAVID T. MARKS.(Curran, Patrick) (Entered: 11/09/2018)
2018-11-094SUMMONS (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 (ztd) (Entered: 11/09/2018)
2018-11-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/13/2018 (Curran, Patrick) (Entered: 11/15/2018)
2018-11-156RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES served on 11/13/2018 (Curran, Patrick) (Entered: 11/15/2018)
2018-11-157RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2018. (Curran, Patrick) (Entered: 11/15/2018)
2018-11-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/13/2018. Answer due for ALL FEDERAL DEFENDANTS by 12/13/2018. (Curran, Patrick) Modified dates of service and answer due on 11/16/2018 (ztd). (Entered: 11/15/2018)
2018-11-16Set/Reset Deadlines: Answer due by 12/3/2018, (ztd) (Entered: 11/16/2018)
2018-12-139NOTICE of Appearance by Daniel Patrick Schaefer on behalf of All Defendants (Schaefer, Daniel) (Entered: 12/13/2018)
2018-12-1310ANSWER to Complaint by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Schaefer, Daniel) (Entered: 12/13/2018)
2018-12-13MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 2/8/19. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 12/13/18. (DJS) (Entered: 12/13/2018)
2018-12-17Set/Reset Deadlines: Joint Status Report due by 2/8/2019. (tb) (Entered: 12/17/2018)
2019-02-0811Joint MOTION to Stay by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Schaefer, Daniel) (Entered: 02/08/2019)
2019-02-08MINUTE ORDER: Granting Joint Motion to Stay 11 . This action is hereby STAYED pending final resolution of either of two related cases pending before this Court in Tosh v. CMS, 18-CV-915 (TSC) (Tosh I) and Tosh v. CMS, 18-CV-949 (TNM) (Tosh II). The parties shall file a joint status report with the Court by May 9, 2019, advising the Court on the status of the proceedings in Tosh I and Tosh II. Additionally, the parties shall file a joint status report within 60 days of entry of a final unappealable order in either Tosh I or Tosh II, setting forth a proposal for handling this matter. The status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/8/19. (DJS) Modified on 2/11/2019 (tb). (Entered: 02/08/2019)
2019-02-11Set/Reset Deadlines: Joint Status Report due by 5/9/2019. (tb) (Entered: 02/11/2019)
2019-02-26MINUTE ORDER: In light of the Stay entered in this action on 2/8/19, the Clerk of the Court is hereby directed to Administratively Close this case. However, the parties shall continue to file Status Reports as required by the 2/8/19 Minute Order. Upon a resolution of Tosh v. CMS, 18-CV-915 (TSC) (Tosh I) and Tosh v. CMS, 18-CV-949 (TNM) (Tosh II), the parties may file a motion to return this case to the court's active docket. Any such motion shall contain a proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 2/26/19. (DJS) (Entered: 02/26/2019)
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