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Case TitlePistorino v. U.S. Department of Health and Human Services
DistrictNorthern District of California
CityOakland
Case Number4:2023cv00380
Date Filed2023-01-25
Date Closed2023-09-25
JudgeMagistrate Judge Donna M. Ryu
PlaintiffJames Charles Pistorino
Case DescriptionJames Pistorino, an attorney who litigates matters before the department, submitted a FOA request to the Department of Health and Human Services for records concerning Medicare initial claim approvals or denials for the years 2021-2022. 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

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

2023-01-251COMPLAINT; JURY TRIAL DEMANDED against U.S. Department of Health and Human Services, (Filing Fee: $402.00, receipt number ACANDC-17929952). Filed by James Charles Pistorino. (Attachments: # 1 Certificate/Proof of Service, # 2 Civil Cover Sheet, # 3 Exhibit)(Pistorino, James) (Filed on 1/25/2023) Modified on 1/26/2023 (tn, COURT STAFF). (Entered: 01/25/2023)
2023-01-252Proposed Summons. (Pistorino, James) (Filed on 1/25/2023) (Entered: 01/25/2023)
2023-01-263Case assigned to Magistrate Judge Donna M. Ryu. 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 2/9/2023. (ark, COURT STAFF) (Filed on 1/26/2023) (Entered: 01/26/2023)
2023-01-264Summons Issued as to U.S. Department of Health and Human Services. (tn, COURT STAFF) (Filed on 1/26/2023) (Entered: 01/26/2023)
2023-01-265Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 4/26/2023. Initial Case Management Conference set for 5/3/2023 at 1:30 PM in Oakland, Courtroom 4, 3rd Floor. (tn, COURT STAFF) (Filed on 1/26/2023) (Entered: 01/26/2023)
2023-01-306CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James Charles Pistorino.. (Pistorino, James) (Filed on 1/30/2023) (Entered: 01/30/2023)
2023-03-157NOTICE of Appearance by Michael A. Keough (Keough, Michael) (Filed on 3/15/2023) (Entered: 03/15/2023)
2023-03-158CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Health and Human Services.. (Keough, Michael) (Filed on 3/15/2023) (Entered: 03/15/2023)
2023-04-069ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Keough, Michael) (Filed on 4/6/2023) (Entered: 04/06/2023)
2023-04-0610ANSWER to Complaint byU.S. Department of Health and Human Services. (Keough, Michael) (Filed on 4/6/2023) (Entered: 04/06/2023)
2023-04-0611ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pistorino, James) (Filed on 4/6/2023) (Entered: 04/06/2023)
2023-04-2612JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER filed by James Charles Pistorino. (Pistorino, James) (Filed on 4/26/2023) (Entered: 04/26/2023)
2023-05-0113CLERK'S NOTICE SETTING ZOOM HEARING. Initial Case Management Conference is set for 5/3/2023 01:30 PM in Oakland, - 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/dmr 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/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 5/1/2023) (Entered: 05/01/2023)
2023-05-0314Minute Entry for proceedings held before Chief Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 5/3/2023 by Zoom Videoconference. Updated Case Management Statement due by 7/26/2023. Further Case Management Conference set for 8/2/2023 01:30 PM in Oakland, - Videoconference Only. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/ . Digital Recording Time: Zoom Webinar Time 2:27-2:30. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 5/3/2023) (Entered: 05/04/2023)
2023-07-2615CLERKS NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. Noticed is hereby given that the August 2, 2023 further case management conference is continued to August 30, 2023 at 1:30 p.m. The joint case management conference statement shall be filed by August 23, 2023. 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/dmr 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/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 7/26/2023) (Entered: 07/26/2023)
2023-08-2416CLERK'S NOTICE: Pursuant to Federal Rule of Civil Procedure 26(f)(2), Civil Local Rules 16-9 and 16-10(d), and Chief Magistrate Judge Donna M. Ryu's Standing Order, the parties' Joint Case Management Statement was due to be filed by 8/23/2023. The parties have not yet filed a Joint Case Management Statement. Therefore, they shall file a Joint Case Management Statement by no later than 5:00 p.m. P.T. on 8/24/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 8/24/2023) (Entered: 08/24/2023)
2023-08-2417JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER filed by James Charles Pistorino. (Pistorino, James) (Filed on 8/24/2023) (Entered: 08/24/2023)
2023-08-2518ORDER: The 8/30/2023 case management conference is vacated. The parties shall file a joint status report or request for dismissal by 9/25/2023. Signed by Chief Magistrate Judge Donna M. Ryu on 8/25/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 8/25/2023) (Entered: 08/25/2023)
2023-09-2519STIPULATION WITH PROPOSED ORDER OF DISMISSAL filed by James Charles Pistorino. (Attachments: # 1 Proposed Order)(Pistorino, James) (Filed on 9/25/2023) (Entered: 09/25/2023)
2023-09-2520REMARK: The court has received 19 . Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), no court order is required to dismiss this action. The parties are hereby notified that this matter is terminated. (ig, COURT STAFF) (Filed on 9/25/2023) (Entered: 09/25/2023)
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