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Case TitlePistorino v. United States Department of Health and Human Services
DistrictNorthern District of California
CitySan Francisco
Case Number3:2022cv00177
Date Filed2022-01-11
Date Closed2022-12-02
JudgeMagistrate Judge Laurel Beeler
PlaintiffJames Charles Pistorino
Case DescriptionJames Pistorino, an attorney specializing in Medicare litigation, submitted a FOIA request to the Department of Health and Human Services concerning Medicare initial claim approvals or denials from 2018-2020. Pistorino also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Pistorino filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Health & Human Services
DefendantU.S. Department of Health & Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-111COMPLAINT against U.S. Department of Health & Human Services (Filing fee $ 402.00, receipt number ACANDC-16793005.). Filed by James Charles Pistorino. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Certificate/Proof of Service, # 4 Summons) (Pistorino, James) (Filed on 1/11/2022) Modified on 1/17/2022 (gba, COURT STAFF). (Entered: 01/11/2022)
2022-01-112Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/25/2022. (as, COURT STAFF) (Filed on 1/11/2022) (Entered: 01/11/2022)
2022-01-173Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/7/2022. Initial Case Management Conference set for 4/14/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (gba, COURT STAFF) (Filed on 1/17/2022) (Entered: 01/17/2022)
2022-01-174Summons Issued as to U.S. Department of Health & Human Services. (gba, COURT STAFF) (Filed on 1/17/2022) (Entered: 01/17/2022)
2022-02-025CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/16/2022 . (ejk, COURT STAFF) (Filed on 2/2/2022) (Entered: 02/02/2022)
2022-02-046CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James Charles Pistorino.. (Pistorino, James) (Filed on 2/4/2022) (Entered: 02/04/2022)
2022-02-077NOTICE of Appearance by Michael A. Keough (Keough, Michael) (Filed on 2/7/2022) (Entered: 02/07/2022)
2022-02-148CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/28/2022 . (ejk, COURT STAFF) (Filed on 2/14/2022) (Entered: 02/14/2022)
2022-02-159CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Health & Human Services.. (Keough, Michael) (Filed on 2/15/2022) (Entered: 02/15/2022)
2022-02-1710STIPULATION WITH PROPOSED ORDER to Continue Responsive Pleading Deadline filed by U.S. Department of Health & Human Services. (Attachments: # 1 Declaration of Michael A. Keough)(Keough, Michael) (Filed on 2/17/2022) (Entered: 02/17/2022)
2022-02-1811Order by Magistrate Judge Laurel Beeler granting 10 Stipulation to Continue Responsive Pleading Deadline. Deadline for Defendant to respond to the Complaint is extended to 3/24/2022. (ejk, COURT STAFF) (Filed on 2/18/2022) (Entered: 02/18/2022)
2022-03-1612CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 4/14/2022 at 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by te lephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 3/16/2022) (Entered: 03/16/2022)
2022-03-2413ANSWER to Complaint byU.S. Department of Health & Human Services. (Keough, Michael) (Filed on 3/24/2022) (Entered: 03/24/2022)
2022-03-2514ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 3/25/2022) (Entered: 03/25/2022)
2022-03-2715ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pistorino, James) (Filed on 3/27/2022) (Entered: 03/27/2022)
2022-03-2816ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Keough, Michael) (Filed on 3/28/2022) (Entered: 03/28/2022)
2022-04-0717Joint Case Management Statement & Proposed Order filed by James Charles Pistorino. (Pistorino, James) (Filed on 4/7/2022) Modified on 4/11/2022 (gba, COURT STAFF). (Entered: 04/07/2022)
2022-04-1418Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference held via Zoom on 4/14/2022. Court adopts the parties' dates in the CMC statement at ECF 17. (Not Reported). Further Case Management Conference set for 8/11/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statements due 8/4/2022. This proceeding will be held via a Zoom webinar. Total Time in Court: 2 minutes. Plaintiff's Attorney: James Charles Pistorino. Defendant's Attorney: Michael A. Keough. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 4/14/2022) Modified on 4/15/2022 (ejk, COURT STAFF). (Entered: 04/14/2022)
2022-04-15Set Deadlines/Hearings: Further Case Management Conference set for 8/11/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 8/4/2022. (ejk, COURT STAFF) (Filed on 4/15/2022) (Entered: 04/15/2022)
2022-05-1619Joint Status Report by James Charles Pistorino. (Pistorino, James) (Filed on 5/16/2022) (Entered: 05/16/2022)
2022-05-1720CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Further Case Management Conference previously set for 8/11/2022 is reset to 9/22/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 9/15/2022. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts. gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (ejk, COURT STAFF) (Filed on 5/17/2022) (Entered: 05/17/2022)
2022-06-2021CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Further Case Management Conference previously set for 9/22/2022 is reset to 9/29/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 9/22/2022. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts. gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (ejk, COURT STAFF) (Filed on 6/20/2022) (Entered: 06/20/2022)
2022-09-2222JOINT STIPULATION WITH PROPOSED ORDER to Vacate Case Management Conference and Set Further Case Schedule filed by U.S. Department of Health & Human Services. (Attachments: # 1 Declaration of Michael A. Keough) (Keough, Michael) (Filed on 9/22/2022) Modified on 9/22/2022 (gba, COURT STAFF). (Entered: 09/22/2022)
2022-09-2323ORDER re: 22 Stipulation to Vacate Case Management Conference and Set Further Case Schedule. Further Case Management Conference previously set for 9/29/2022 is reset to 11/17/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 11/10/2022. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Signed by Judge La urel Beeler on 09/23/2022. (ejk, COURT STAFF) (Filed on 9/23/2022) (Entered: 09/23/2022)
2022-10-2824JOINT STATUS REPORT by U.S. Department of Health & Human Services. (Keough, Michael) (Filed on 10/28/2022) Modified on 11/1/2022 (kmg, COURT STAFF). (Entered: 10/28/2022)
2022-10-3125CLERK'S NOTICE SETTING STATUS CONFERENCE: In light of the notice of settlement, the court vacates the 11/17/2022 CMC and sets a Status Conference for 12/8/2022 at 9:30 AM and directs the filing of a dismissal or short update by 12/1/2022. Status Conference set for 12/8/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Case Management Statement due by 12/1/2022. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to c ourt proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (ejk, COURT STAFF) (Filed on 10/31/2022) (Entered: 10/31/2022)
2022-12-0126NOTICE of Voluntary Dismissal Stipulation of Dismissal by James Charles Pistorino (Pistorino, James) (Filed on 12/1/2022) (Entered: 12/01/2022)
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by FOIA Project Staff
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