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Case TitleDEMOCRACY FORWARD FOUNDATION v. CENTERS FOR MEDICARE AND MEDICAID SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02131
Date Filed2019-07-18
Date Closed2021-02-22
JudgeJudge Dabney L. Friedrich
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted FOIA requests to OMB and the Centers for Medicare and Medicaid Services for records concerning communications between agency officials pertaining to Novartis and related entities and individuals. DFF also requested a fee waiver from both agencies. Both agencies acknowledged receipt of the requests. OMB asked DFF to narrow its request. DFF responded by making some suggestions but heard nothing further from the agency. CMS asked DFF to provide more information, which DFF did. After hearing nothing further from either agency, DFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-181COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090-6261433) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Seel, Benjamin) (Entered: 07/18/2019)
2019-07-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Seel, Benjamin) (Entered: 07/18/2019)
2019-07-18Case Assigned to Judge Dabney L. Friedrich. (zjd) (Entered: 07/18/2019)
2019-07-183SUMMONS (4) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 07/18/2019)
2019-08-054RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/22/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 7/22/2019; OFFICE OF MANAGEMENT AND BUDGET served on 8/5/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/22/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/21/2019.) (Attachments: # 1 Declaration)(Seel, Benjamin) (Entered: 08/05/2019)
2019-08-155NOTICE of Appearance by Marina Utgoff Braswell on behalf of CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET (Braswell, Marina) (Entered: 08/15/2019)
2019-08-216ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET.(Braswell, Marina) (Entered: 08/21/2019)
2019-08-21MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before September 11, 2019. Signed by Judge Dabney L. Friedrich on August 21, 2019. (lcdlf1) (Entered: 08/21/2019)
2019-09-117Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 09/11/2019)
2019-09-16MINUTE ORDER. Upon consideration of the parties' 7 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 10, 2019. So Ordered by Judge Dabney L. Friedrich on September 16, 2019. (lcdlf1) (Entered: 09/16/2019)
2019-09-16Set/Reset Deadlines: Joint Status Report due by 10/10/2019. (zcal) (Entered: 09/16/2019)
2019-10-108Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 10/10/2019)
2019-10-10MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, the parties shall file another joint status report on or before November 15, 2019. So Ordered by Judge Dabney L. Friedrich on October 10, 2019. (lcdlf1) (Entered: 10/10/2019)
2019-11-159Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 11/15/2019)
2019-11-15MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, the parties shall file another joint status report on or before January 24, 2020. So Ordered by Judge Dabney L. Friedrich on November 15, 2019. (lcdlf1) (Entered: 11/15/2019)
2020-01-2410Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 01/24/2020)
2020-01-24MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, the parties shall file another joint status report on or before March 24, 2020. So Ordered by Judge Dabney L. Friedrich on January 24, 2020. (lcdlf1) (Entered: 01/24/2020)
2020-01-2711NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Marina Utgoff Braswell (Gonzalez, Brenda) (Entered: 01/27/2020)
2020-03-2312Consent MOTION for Extension of Time to Produce Documents by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Declaration of Heather Walsh)(Gonzalez, Brenda) (Entered: 03/23/2020)
2020-03-2413Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Gonzalez, Brenda) (Entered: 03/24/2020)
2020-03-31MINUTE ORDER granting the defendant's 12 Consent Motion for Time to Produce Documents. The defendant shall have up to and including May 16, 2020 to continue its rolling production of documents in this FOIA litigation. So Ordered by Judge Dabney L. Friedrich on March 31, 2020. (lcdlf1) (Entered: 03/31/2020)
2020-05-18MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the parties shall file another joint status report on or before May 25, 2020. So Ordered by Judge Dabney L. Friedrich on May 18, 2020. (lcdlf1) (Entered: 05/18/2020)
2020-05-2614Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Gonzalez, Brenda) (Entered: 05/26/2020)
2020-05-2615Consent MOTION for Extension of Time to Produce Documents by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Declaration of Heather V. Walsh)(Gonzalez, Brenda) (Entered: 05/26/2020)
2020-05-27MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, the parties shall file another joint status report on or before June 25, 2020. So Ordered by Judge Dabney L. Friedrich on May 27, 2020. (lcdlf1) (Entered: 05/27/2020)
2020-05-27MINUTE ORDER granting the defendant's 15 Consent Motion for Time to Produce Documents. The defendant shall have up to and including June 15, 2020 to continue its rolling production of documents in this FOIA litigation. So Ordered by Judge Dabney L. Friedrich on May 27, 2020. (lcdlf1) (Entered: 05/27/2020)
2020-05-27Set/Reset Deadlines: Production of Documents due by 6/15/2020. (zjch) (Entered: 05/27/2020)
2020-06-2516NOTICE of Appearance by Michael A. Tilghman on behalf of CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET (Tilghman, Michael) (Entered: 06/25/2020)
2020-06-2517Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/25/2020)
2020-06-26MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the parties shall file another joint status report on or before July 27, 2020. So Ordered by Judge Dabney L. Friedrich on June 26, 2020. (lcdlf1) (Entered: 06/26/2020)
2020-07-2718Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/27/2020)
2020-07-27MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, the parties shall file another joint status report on or before August 26, 2020. So Ordered by Judge Dabney L. Friedrich on July 27, 2020. (lcdlf1) (Entered: 07/27/2020)
2020-07-27Set/Reset Deadlines: Status Report due by 8/26/2020 (zjch) (Entered: 07/28/2020)
2020-08-2619Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 08/26/2020)
2020-08-26MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 25, 2020. So Ordered by Judge Dabney L. Friedrich on August 26, 2020. (lcdlf1) (Entered: 08/26/2020)
2020-08-26Set/Reset Deadlines: Status Report due by 9/25/2020 (zjch) (Entered: 08/26/2020)
2020-09-2520Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/25/2020)
2020-09-25MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 26, 2020. So Ordered by Judge Dabney L. Friedrich on September 25, 2020. (lcdlf1) (Entered: 09/25/2020)
2020-09-25Set/Reset Deadlines: Joint Status Report due by 10/26/2020. (zjd) (Entered: 09/28/2020)
2020-10-2621Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/26/2020)
2020-10-26MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 24, 2020. So Ordered by Judge Dabney L. Friedrich on October 26, 2020. (lcdlf1) (Entered: 10/26/2020)
2020-11-2422Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 11/24/2020)
2020-11-24MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 23, 2020. So Ordered by Judge Dabney L. Friedrich on November 24, 2020. (lcdlf1) (Entered: 11/24/2020)
2020-12-2323Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 12/23/2020)
2020-12-23MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 22, 2021. So Ordered by Judge Dabney L. Friedrich on December 23, 2020. (lcdlf1) (Entered: 12/23/2020)
2021-01-2224Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/22/2021)
2021-01-22MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before February 22, 2021. So Ordered by Judge Dabney L. Friedrich on January 22, 2021. (lcdlf1) (Entered: 01/22/2021)
2021-02-2225STIPULATION of Dismissal by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 02/22/2021)
2021-02-22MINUTE ORDER dismissing this case with prejudice in light of the parties' 25 Stipulation of Dismissal. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on February 22, 2021. (lcdlf1) (Entered: 02/22/2021)
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