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Case TitleGANDHI et al v. CENTERS FOR MEDICARE AND MEDICAID SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02628
Date Filed2021-10-07
Date Closed2023-03-31
JudgeJudge Christopher R. Cooper
PlaintiffASHVIN DHIREN GANDHI
PlaintiffSAMUEL ANTILL
Case DescriptionAsvin Gandhi, a professor at the UCLA School on Management, and Samuel Antill, a professor at the Harvard School of Business, submitted a FOIA request to the Centers of Medicare and Medicaid Services for records concerning unredacted EIN and Parent Organization TIN corresponding to records in CMS's full replacement monthly NPI file. Gandhi and Antill also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 4 (commercial and confidential) and Exemption 6 (invasion of privacy). Gandhi and Antill filed an administrative appeal of the denial. After hearing nothing further from the agency, Gandhi and Antill filed suit
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS)
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-071COMPLAINT for Injunctive Relief against CENTERS FOR MEDICARE AND MEDICAID SERVICES ( Filing fee $ 402 receipt number ADCDC-8787900) filed by ASHVIN DHIREN GANDHI, SAMUEL ANTILL. (Attachments: # 1 Civil Cover Sheet)(Bhabha, Ishan) (Entered: 10/07/2021)
2021-10-072REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by ASHVIN DHIREN GANDHI, SAMUEL ANTILL. Related document: 1 Complaint, filed by SAMUEL ANTILL, ASHVIN DHIREN GANDHI.(Bhabha, Ishan) (Entered: 10/07/2021)
2021-10-083MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tali R. Leinwand, Filing fee $ 100, receipt number ADCDC-8790004. Fee Status: Fee Paid. by SAMUEL ANTILL, ASHVIN DHIREN GANDHI. (Attachments: # 1 Declaration of Tali R. Leinwannd, # 2 Text of Proposed Order)(Bhabha, Ishan) (Entered: 10/08/2021)
2021-10-12Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 10/12/2021)
2021-10-12NOTICE OF ERROR re 1 Complaint; emailed to ibhabha@jenner.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 10/12/2021)
2021-10-124ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by ASHVIN DHIREN GANDHI, SAMUEL ANTILL. Related document: 1 Complaint, filed by SAMUEL ANTILL, ASHVIN DHIREN GANDHI. (Attachments: # 1 Summons - United States Attorney General)(Bhabha, Ishan) Modified on 10/13/2021 (zsb). (Entered: 10/12/2021)
2021-10-13NOTICE OF ERROR re 4 Request for Summons to Issue; emailed to ibhabha@jenner.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. Please use the FOIA summons at https://www.dcd.uscourts.gov/sites/dcd/files/Summons-FOIA_2013_FILL.pdf (zsb, ) (Entered: 10/13/2021)
2021-10-135REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by ASHVIN DHIREN GANDHI, SAMUEL ANTILL. Related document: 1 Complaint, filed by SAMUEL ANTILL, ASHVIN DHIREN GANDHI. (Attachments: # 1 Summons - United States Attorney's Office, # 2 Summons - United States Attorney General)(Bhabha, Ishan) (Entered: 10/13/2021)
2021-10-136SUMMONS (3) Issued as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. Attorney and U.S. Attorney General (znmw) (Additional attachment(s) added on 10/13/2021: # 1 Notice and Consent) (znmw). (Entered: 10/13/2021)
2021-10-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/26/2021. Answer due for ALL FEDERAL DEFENDANTS by 11/25/2021. (Bhabha, Ishan) (Entered: 10/28/2021)
2021-10-288RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 10/25/2021 (Bhabha, Ishan) (Entered: 10/28/2021)
2021-11-219NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 11/21/2021)
2021-11-2110Consent MOTION for Extension of Time to File Answer re 1 Complaint, by CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/21/2021)
2021-11-23MINUTE ORDER granting 10 Motion for Extension of Time to Answer Complaint. Defendant shall answer or otherwise respond to Plaintiffs' complaint by 12/17/2021. Signed by Judge Christopher R. Cooper on 11/23/2021. (lccrc2) (Entered: 11/23/2021)
2021-12-1711ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES.(Curteman, Dedra) (Entered: 12/17/2021)
2021-12-20MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by 1/10/2022. Signed by Judge Christopher R. Cooper on 12/20/2021. (lccrc2) (Entered: 12/20/2021)
2022-01-05MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice of Tali R. Leinwand. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Christopher R. Cooper on 1/5/2022. (lcsb) (Entered: 01/05/2022)
2022-01-0612NOTICE of Appearance by Tali R. Leinwand on behalf of SAMUEL ANTILL, ASHVIN DHIREN GANDHI (Leinwand, Tali) (Entered: 01/06/2022)
2022-01-1013Joint STATUS REPORT by SAMUEL ANTILL, ASHVIN DHIREN GANDHI. (Attachments: # 1 Proposed Order)(Bhabha, Ishan) (Entered: 01/10/2022)
2022-01-11MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report, the following schedule shall govern further proceedings in this case: Defendant shall file its motion for summary judgment by 3/7/2022; Plaintiffs shall file their combined opposition to Defendant's motion for summary judgment and cross-motion for summary judgment by 4/4/2022; Defendant shall file its combined opposition to Plaintiffs' cross motion for summary judgment and reply in support of its motion for summary judgment by 5/2/2022; Plaintiffs shall file their reply by 5/16/2022. Signed by Judge Christopher R. Cooper on 1/11/2022. (lccrc2) (Entered: 01/11/2022)
2022-03-0414Consent MOTION for Extension of Time to file Motion for Summary Judgment by CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/04/2022)
2022-03-08MINUTE ORDER granting Defendant's 14 Motion for Extension of Time. Defendant shall file its motion for summary judgment by 3/21/2022; Plaintiffs shall file their combined opposition to Defendant's motion for summary judgment and cross-motion for summary judgment by 4/18/2022; Defendant shall file its combined opposition to Plaintiffs' cross motion for summary judgment and reply in support of its motion for summary judgment by 5/16/2022; Plaintiffs shall file their reply by 5/31/2022. Signed by Judge Christopher R. Cooper on 3/8/2022. (lccrc2) (Entered: 03/08/2022)
2022-03-2115Unopposed MOTION for Extension of Time to file Motion for Summary Judgment by CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/21/2022)
2022-03-22MINUTE ORDER granting Defendant's 15 Motion for Extension of Time. The following deadlines shall apply: Defendant shall file its motion for summary judgment by 3/23/2022; Plaintiffs shall file their combined opposition to Defendant's motion for summary judgment and cross-motion for summary judgment by 4/20/2022; Defendant shall file its combined opposition to Plaintiffs' cross motion for summary judgment and reply in support of its motion for summary judgment by 5/18/2022; Plaintiffs shall file their reply by 6/2/2022. Signed by Judge Christopher R. Cooper on 3/22/2022. (lccrc2) (Entered: 03/22/2022)
2022-03-2316MOTION for Summary Judgment by CENTERS FOR MEDICARE AND MEDICAID SERVICES. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Declaration, # 7 Statement of Facts, # 8 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/23/2022)
2022-04-2017Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by SAMUEL ANTILL, ASHVIN DHIREN GANDHI. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Ishan K. Bhabha, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Declaration of Ashvin Dhiren Gandhi, # 16 Proposed Order)(Bhabha, Ishan) (Entered: 04/20/2022)
2022-04-2018Memorandum in opposition to re 16 MOTION for Summary Judgment filed by SAMUEL ANTILL, ASHVIN DHIREN GANDHI. (See Docket Entry 17 to view document). (znmw) (Entered: 04/21/2022)
2022-05-1819REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration, # 4 Statement of Facts)(Curteman, Dedra) (Entered: 05/18/2022)
2022-05-1820RESPONSE re 17 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration, # 4 Statement of Facts)(Curteman, Dedra) (Entered: 05/18/2022)
2022-05-2421MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Remi J.D. Jaffre, Filing fee $ 100, receipt number ADCDC-9260668. Fee Status: Fee Paid. by SAMUEL ANTILL, ASHVIN DHIREN GANDHI. (Attachments: # 1 Declaration of Remi J.D. Jaffre, # 2 Text of Proposed Order)(Bhabha, Ishan) (Entered: 05/24/2022)
2022-05-26MINUTE ORDER: Plaintiffs' 21 Motion for Leave to Appear Pro Hac Vice is hereby granted. Attorney Remi J.D. Jaffre is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Christopher R. Cooper on 5/26/2022. (lccrc3) (Entered: 05/26/2022)
2022-06-0222NOTICE of Appearance by Remi Jaffre on behalf of SAMUEL ANTILL, ASHVIN DHIREN GANDHI (Jaffre, Remi) (Entered: 06/02/2022)
2022-06-0223REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment / Plaintiffs' Reply Memorandum in Further Support of Cross-Motion for Summary Judgment filed by SAMUEL ANTILL, ASHVIN DHIREN GANDHI. (Attachments: # 1 Declaration of Remi J.D. Jaffre, # 2 Exhibit 1, # 3 Exhibit 2)(Bhabha, Ishan) (Entered: 06/02/2022)
2023-02-28SCHEDULING ORDER: The Court will hold a hearing on Defendant's 16 Motion for Summary Judgment and 17 Plaintiffs' Cross Motion for Summary Judgment on 3/14/2023 at 10:00 AM in Courtroom 27A- In Person before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 2/28/2023. (lccrc2) (Entered: 02/28/2023)
2023-03-14Minute Entry for proceedings held before Judge Christopher R. Cooper: Motion Hearing held on 3/14/2023 re 16 MOTION for Summary Judgment filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), 17 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by SAMUEL ANTILL, ASHVIN DHIREN GANDHI. Matter Taken Under Advisement. (Court Reporter Lis Moreira) (zglw) (Entered: 03/14/2023)
2023-03-2224TRANSCRIPT OF MOTION HEARING before Judge Christopher R. Cooper held on March 14, 2023; Page Numbers: 1-40. Date of Issuance:March 22, 2023. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/12/2023. Redacted Transcript Deadline set for 4/22/2023. Release of Transcript Restriction set for 6/20/2023.(Moreira, Lisa) (Entered: 03/22/2023)
2023-03-3025ORDER denying Defendant's 16 Motion for Summary Judgment and granting Plaintiffs' 17 Motion for Summary Judgment. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 3/30/2023. (lccrc2) (Entered: 03/30/2023)
2023-03-3026MEMORANDUM AND OPINION re 25 Order denying Defendant's 16 Motion for Summary Judgment and granting Plaintiffs' 17 Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 3/30/2023. (lccrc2) (Entered: 03/30/2023)
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