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Case TitleVRA Enterprises, LLC v. The Center for Medicare and Medicaid Services et al
DistrictMiddle District of Florida
CityTampa
Case Number8:2023cv02474
Date Filed2023-10-30
Date ClosedOpen
JudgeJudge William F. Jung
PlaintiffVRA Enterprises, LLC
doing business as Precision RX
Case DescriptionVRA Enterprises, a pharmacy in Tampa, submitted FOIA requests to the Centers for Medicare and Medicaid Services and other agencies for records concerning the demonstration program covering over-the-counter COVID-19 tests. The agencies acknowledged receipt of the request. Some agencies told VRA Enterprises that they did not have any responsive records. After hearing nothing further from the agencies, VRA Enterprises filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantThe Center for Medicare and Medicaid Services
DefendantThe United States Department of Health and Human Services Office of Inspector General
DefendantThe United States Department of Justice
DefendantThe United States Office of Management and Budget
DefendantCivil Process Clerk US Attorney's Office for the Middle District of Florida
DefendantUnited States Department of Justice - Civil Division
DefendantUnited States Department of Justice - Criminal Division
DefendantUnited States Department of Justice - Criminal Division
TERMINATED: 01/23/2024
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
Opinion/Order [42]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-301COMPLAINT for Declaratory and Injunctive Relief (Freedom of Information Act) against All Defendants (Filing fee $402 receipt number AFLMDC-21404798) filed by VRA Enterprises, LLC. (Attachments: # 1 Exhibit A - Centers for Medicare and Medicaid Services, # 2 Exhibit B - United States Office of Management and Budget, # 3 Exhibit C - Department of Health and Human Services Office of Inspector General, # 4 Exhibit D - United States Department of Justice, # 5 Exhibit E - United States Department of Justice (Criminal), # 6 Exhibit F - Oct 17, 2023 response from Stefanie Jewitt, Director of FOIA, # 7 Exhibit G - Oct 27, 2023 response from Christina Butler, Chief of FOIA PA, # 8 Civil Cover Sheet)(Mehta, Jason) (Entered: 10/30/2023)
2023-10-302NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Thomas G. Wilson. New case number: 8:23-cv-2474-WFJ-TGW. (AA) (Entered: 10/30/2023)
2023-10-305STANDING ORDER regarding Discovery Motions. Signed by Magistrate Judge Thomas G. Wilson on 10/30/2023. (KMN) (Entered: 10/31/2023)
2023-10-313NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (JCG) (Entered: 10/31/2023)
2023-10-314NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (JCG) (Entered: 10/31/2023)
2023-11-036PROPOSED summons to be issued by VRA Enterprises, LLC. (Mehta, Jason) (Entered: 11/03/2023)
2023-11-067SUMMONS issued as to The Center for Medicare and Medicaid Services, The United States Department of Health and Human Services Office of Inspector General, The United States Department of Justice, The United States Office of Management and Budget. (HAI) (Entered: 11/06/2023)
2023-11-108NOTICE of a related action per Local Rule 1.07(c) by VRA Enterprises, LLC. Related case(s): No (Mehta, Jason) (Entered: 11/10/2023)
2023-11-109CORPORATE Disclosure Statement by VRA Enterprises, LLC. (Mehta, Jason) (Entered: 11/10/2023)
2023-12-0110RETURN of service executed on November 13, 2023 by VRA Enterprises, LLC as to The Center for Medicare and Medicaid Services. (Mehta, Jason) (Entered: 12/01/2023)
2023-12-0111RETURN of service executed on November 17, 2023 by VRA Enterprises, LLC as to The United States Department of Health and Human Services Office of Inspector General. (Mehta, Jason) (Entered: 12/01/2023)
2023-12-0112RETURN of service executed on November 13, 2023 by VRA Enterprises, LLC as to The United States Department of Justice. (Mehta, Jason) (Entered: 12/01/2023)
2023-12-0113RETURN of service executed on November 28, 2023 by VRA Enterprises, LLC as to The United States Office of Management and Budget. (Mehta, Jason) (Entered: 12/01/2023)
2023-12-1514PROPOSED summons to be issued by VRA Enterprises, LLC. (Mehta, Jason) (Entered: 12/15/2023)
2023-12-1815SUMMONS issued as to U.S. Attorney. (JK) (Entered: 12/18/2023)
2023-12-2116PROPOSED summons to be issued by VRA Enterprises, LLC. (Mehta, Jason) (Entered: 12/21/2023)
2023-12-2117PROPOSED summons to be issued by VRA Enterprises, LLC. (Mehta, Jason) (Entered: 12/21/2023)
2023-12-2218SUMMONS issued as to The United States Department of Justice Civil Division. (BGR) (Entered: 12/22/2023)
2023-12-2219SUMMONS issued as to The United States Department of Justice Criminal Division. (BGR) (Entered: 12/22/2023)
2023-12-2720RETURN of service executed on December 20, 2023 by VRA Enterprises, LLC as to Civil Process Clerk US Attorney's Office for the Middle District of Florida. (Mehta, Jason) (Entered: 12/27/2023)
2024-01-0321RETURN of service executed on January 2, 2024 by VRA Enterprises, LLC as to United States Department of Justice - Civil Division. (Mehta, Jason) (Entered: 01/03/2024)
2024-01-0322RETURN of service executed on January 2, 2024 by VRA Enterprises, LLC as to United States Department of Justice - Criminal Division. (Mehta, Jason) (Entered: 01/03/2024)
2024-01-1923MOTION for Extension of Time to File Answer by All Defendants. (Spraker, Chad) (Entered: 01/19/2024)
2024-01-2224ENDORSED ORDER granting 23 Motion for Extension of Time to Answer. All Defendants' answer or response due 2/19/2024. Signed by Judge William F. Jung on 1/22/2024. (CCB) (Entered: 01/22/2024)
2024-01-2325NOTICE of voluntary dismissal by VRA Enterprises, LLC (Mehta, Jason) (Entered: 01/23/2024)
2024-01-2326ENDORSED ORDER: Pursuant to Plaintiff's 25 Notice of voluntary dismissal with prejudice as to Defendant The United States Department of Justice - Criminal Division only, the Clerk is directed to reflect in the case data that this Defendant is terminated as a party. Signed by Judge William F. Jung on 1/23/2024. (CCB) (Entered: 01/23/2024)
2024-02-1427MOTION to Dismiss for Failure to State a Claim Defendant U.S. Department of Health and Human Services, Office of Inspector General by The United States Department of Health and Human Services Office of Inspector General. (Attachments: # 1 Exhibit A - Declaration of Stefanie Jewett)(Spraker, Chad) (Entered: 02/14/2024)
2024-02-1428SUPPLEMENT re 27 MOTION to Dismiss for Failure to State a Claim Defendant U.S. Department of Health and Human Services, Office of Inspector General (Local Rule 3.01(g) Certification) by The United States Department of Health and Human Services Office of Inspector General. (Spraker, Chad) (Entered: 02/14/2024)
2024-02-1929ANSWER and affirmative defenses to 1 Complaint by The Center for Medicare and Medicaid Services, The United States Office of Management and Budget, United States Department of Justice - Civil Division.(Spraker, Chad) (Entered: 02/19/2024)
2024-02-2330MOTION for Extension of Time to File Case Management Report by Civil Process Clerk US Attorney's Office for the Middle District of Florida, United States Department of Justice - Civil Division. (Spraker, Chad) (Entered: 02/23/2024)
2024-02-2331ENDORSED ORDER granting unopposed 30 Motion for Extension of Time to File the case management report up to and including March 6, 2024. Signed by Judge William F. Jung on 2/23/2024. (CCB) (Entered: 02/23/2024)
2024-03-0632CORPORATE Disclosure Statement by The Center for Medicare and Medicaid Services, The United States Department of Health and Human Services Office of Inspector General, The United States Office of Management and Budget, United States Department of Justice - Civil Division. (Spraker, Chad) (Entered: 03/06/2024)
2024-03-0633RESPONSE in Opposition re 27 MOTION to Dismiss for Failure to State a Claim Defendant U.S. Department of Health and Human Services, Office of Inspector General filed by VRA Enterprises, LLC. (Mehta, Jason) (Entered: 03/06/2024)
2024-03-0634CASE MANAGEMENT REPORT. (Mehta, Jason) (Entered: 03/06/2024)
2024-03-0635MOTION for Extension of Time to File Defendants' Proposed Case Management Report Deadlines by The Center for Medicare and Medicaid Services, The United States Office of Management and Budget, United States Department of Justice - Civil Division. (Spraker, Chad) (Entered: 03/06/2024)
2024-03-0636RESPONSE in Opposition re 35 MOTION for Extension of Time to File Defendants' Proposed Case Management Report Deadlines filed by VRA Enterprises, LLC. (Mehta, Jason) (Entered: 03/06/2024)
2024-03-1237ORDER granting 35 Motion for Extension of Time to File. Signed by Magistrate Judge Thomas G. Wilson on 3/11/2024. (KMN) (Entered: 03/12/2024)
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by FOIA Project Staff
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