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Case TitleZIMMER US, INC. v. CENTERS FOR MEDICARE & MEDICAID SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01101
Date Filed2021-04-22
Date Closed2022-02-04
JudgeChief Judge Beryl A. Howell
PlaintiffZIMMER US, INC.
Case DescriptionZimmer US, Inc., which markets a product for relief of pain from osteoarthritis of the knee, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning its application requesting the agency assign a distinct code. CMS approved the application in July 2020 but then rescinded its decision. The agency acknowledged of the request but after hearing nothing further from the agency, Zimmer US filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCENTERS FOR MEDICARE & MEDICAID SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-221COMPLAINT FOR INJUNCTIVE RELIEF against CENTERS FOR MEDICARE & MEDICAID SERVICES ( Filing fee $ 402 receipt number ADCDC-8392070) filed by ZIMMER US, INC.. (Attachments: # 1 Exhibit CMS Coding Decision, # 2 Exhibit FOIA Request, # 3 Exhibit CMS E-mail, # 4 Civil Cover Sheet, # 5 Summons CMS, # 6 Summons Attorney General, # 7 Summons U.S. Attorney)(Segroves, James) (Entered: 04/22/2021)
2021-04-222LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ZIMMER US, INC. (Segroves, James) (Entered: 04/22/2021)
2021-04-22Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 04/22/2021)
2021-04-223SUMMONS (3) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/22/2021)
2021-04-224STANDING ORDER. Signed by Chief Judge Beryl A. Howell on April 22, 2021. (lcbah1) (Entered: 04/22/2021)
2021-04-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 4/26/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/29/2021. (Attachments: # 1 Exhibit Proof of Service Upon Centers for Medicare & Medicaid Services, # 2 Exhibit Proof of Service Upon Attorney General of the United States, # 3 Exhibit Proof of Service Upon Acting United States Attorney)(Segroves, James) Modified party served and serve/due date on 5/11/2021 (eg). (Entered: 04/29/2021)
2021-05-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2021. Answer due for ALL FEDERAL DEFENDANTS by 5/29/2021. (Segroves, James) (Entered: 05/06/2021)
2021-05-257NOTICE of Appearance by Thomas Duffey on behalf of CENTERS FOR MEDICARE & MEDICAID SERVICES (Duffey, Thomas) (Entered: 05/25/2021)
2021-05-258NOTICE OF CONSENT TO ASSIGNMENT TO MAGISTRATE JUDGE by CENTERS FOR MEDICARE & MEDICAID SERVICES (Duffey, Thomas) (Entered: 05/25/2021)
2021-05-279Consent MOTION for Extension of Time to File Answer re 1 Complaint, by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Duffey, Thomas) (Entered: 05/27/2021)
2021-05-27MINUTE ORDER (paperless) GRANTING defendant's 9 Consent Motion to Extend Time to File Answer or Otherwise Respond to the Complaint and DIRECTING defendant to answer or otherwise respond to the 1 Complaint by June 15, 2021. Signed by Chief Judge Beryl A. Howell on May 27, 2021. (lcbah1) (Entered: 05/27/2021)
2021-05-27Set/Reset Deadlines: Answer to the Complaint due by 6/15/2021. (ztg) (Entered: 05/27/2021)
2021-06-1510ANSWER to Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES.(Duffey, Thomas) (Entered: 06/15/2021)
2021-06-2911Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Duffey, Thomas) (Entered: 06/29/2021)
2021-06-30MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 11 Joint Status Report, the parties to submit a joint status report by July 26, 2021. Signed by Chief Judge Beryl A. Howell on June 30, 2021. (lcbah1) (Entered: 06/30/2021)
2021-07-2612Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Duffey, Thomas) (Entered: 07/26/2021)
2021-07-27MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to submit a joint status report by August 9, 2021. Signed by Chief Judge Beryl A. Howell on July 27, 2021. (lcbah1) (Entered: 07/27/2021)
2021-07-27Set/Reset Deadlines: Joint Status Report due by 8/9/2021. (ztg) (Entered: 07/27/2021)
2021-08-0913Joint STATUS REPORT by ZIMMER US, INC.. (Segroves, James) (Entered: 08/09/2021)
2021-08-10MINUTE ORDER (paperless) ENTERING, upon consideration of the parties' 13 Joint Status Report, the following SCHEDULING ORDER to control further proceedings in this case: (1) by September 15, 2021, defendant shall file any motion for summary judgment; (2) by September 29, 2021, plaintiff shall file any combined opposition to defendant's motion for summary judgment and own cross-motion for summary judgment; (3) by October 8, 2021, defendant shall file any combined reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment; and (4) by October 15, 2021, plaintiff shall file any reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on August 10, 2021. (lcbah1) (Entered: 08/10/2021)
2021-08-10Set/Reset Deadlines: Summary judgment motion due by 9/15/2021; cross-motion and opposition to motion for summary judgment due by 9/29/2021; opposition to cross-motion and reply to opposition to motion for summary judgment due by 10/8/2021; reply to opposition to cross-motion due by 10/15/2021. (ztg) (Entered: 08/10/2021)
2021-09-1314MOTION for Extension of Time to File with proposed order by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Duffey, Thomas) (Entered: 09/13/2021)
2021-09-14MINUTE ORDER (paperless) GRANTING, over plaintiff's partial objection, defendant's 14 Motion for Extension of Time to File and MODIFYING the SCHEDULING ORDER as follows: (1) by October 15, 2021, defendant shall file any motion for summary judgment; (2) by October 29, 2021, plaintiff shall file any combined opposition to defendant's motion for summary judgment and cross-motion for summary judgment; (3) by November 8, 2021, defendant shall file any combined reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment; and (4) by November 15, 2021, plaintiff shall file any reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on September 14, 2021. (lcbah1) (Entered: 09/14/2021)
2021-09-15Set/Reset Deadlines: Summary Judgment motion due by 10/15/2021; cross-motion and opposition to motion for summary judgment due by 10/29/2021; opposition to cross-motion and reply to opposition to motion for summary judgment due by 11/8/2021; reply to opposition to cross-motion due by 11/15/2021. (ztg) (Entered: 09/15/2021)
2021-10-1515MOTION for Summary Judgment with proposed order by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Hugh Gilmore, # 4 Exhibit A Vaughn Index)(Duffey, Thomas) (Entered: 10/15/2021)
2021-10-2916Cross MOTION for Summary Judgment by ZIMMER US, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of James F. Segroves)(Segroves, James) (Entered: 10/29/2021)
2021-10-2917Memorandum in opposition to re 15 MOTION for Summary Judgment with proposed order filed by ZIMMER US, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of James F. Segroves)(Segroves, James) (Entered: 10/29/2021)
2021-11-0818Joint MOTION to Stay with proposed order by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Duffey, Thomas) (Entered: 11/08/2021)
2021-11-09MINUTE ORDER (paperless) GRANTING the parties' 18 Joint Motion to Stay; STAYING this matter through December 8, 2021; and DIRECTING the parties to file a joint status report by December 8, 2021, advising the Court whether the stay should be extended or proposing a schedule for further proceedings in this matter, unless a stipulation of dismissal has been filed prior to that date. Signed by Chief Judge Beryl A. Howell on November 9, 2021. (lcbah1) (Entered: 11/09/2021)
2021-11-09Case Stayed through December 8, 2021. (ztg) (Entered: 11/09/2021)
2021-11-09Set/Reset Deadlines: Joint Status Report due by 12/8/2021. (ztg) (Entered: 11/09/2021)
2021-12-0819Joint STATUS REPORT by ZIMMER US, INC.. (Segroves, James) (Entered: 12/08/2021)
2021-12-0820Joint STATUS REPORT (CORRECTED) by ZIMMER US, INC.. (Segroves, James) (Entered: 12/08/2021)
2022-01-0721Joint STATUS REPORT by ZIMMER US, INC.. (Segroves, James) (Entered: 01/07/2022)
2022-01-07MINUTE ORDER (paperless) EXTENDING, upon consideration of the parties' 21 Joint Status Report, the stay in this matter through February 7, 2022; and DIRECTING the parties to file a joint status report by February 7, 2022, advising the Court whether the stay should be extended or proposing a schedule for further proceedings in this matter, unless a stipulation of dismissal has been filed prior to that date. Signed by Chief Judge Beryl A. Howell on January 7, 2022. (lcbah1) (Entered: 01/07/2022)
2022-01-07Set/Reset Deadlines: Joint Status Report due by 2/7/2022. (ztg) (Entered: 01/07/2022)
2022-02-0422STIPULATION of Dismissal (Joint) by ZIMMER US, INC.. (Segroves, James) (Entered: 02/04/2022)
2022-02-04MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, upon consideration of the parties' joint 22 Stipulation of Dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on February 4, 2022. (lcbah1) (Entered: 02/04/2022)
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