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Case TitleFLORIDA DEPARTMENT OF CHILDREN AND FAMILIES et al v. U S DEPARTMENT OF HEALTH & HUMAN SERVICES et al
DistrictNorthern District of Florida
CityPensacola
Case Number3:2023cv24758
Date Filed2023-12-18
Date ClosedOpen
JudgeJUDGE T KENT WETHERELL II
PlaintiffFLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
PlaintiffFLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION
Case DescriptionThe Florida Agency for Health Care Administration and the Florida Department of Children and Families submitted a FOIA request to the Department of Health and Human Services for records concerning communications between the agency and Florida Health Justice Project and the National Health Law Program regarding the subject matter of litigation against the state agencies challenging Medicaid redeterminations of recipient eligibility. The state agencies submitted a second FOIA request to the Centers for Medicare and Medicaid Services for similar records. The state agencies also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. HHS responded to the request by locating 276 responsive pages but withholding them all under Exemption 5 (privileges). The state agencies filed an administrative appeal. CMS also responded to the second request, indicating that responsive records would require redaction. After hearing nothing further from the agencies, the state agencies filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU S DEPARTMENT OF HEALTH & HUMAN SERVICES
DefendantU S CENTERS FOR MEDICARE & MEDICAID SERVICES
Documents
Docket
Complaint
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Complaint attachment 17
Complaint attachment 18
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2023-12-191COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ( Filing fee $ 405 receipt number AFLNDC-8405489.), filed by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Civil Cover Sheet) (TORRES, CHRISTOPHER) (Entered: 12/19/2023)
2023-12-202DOCKET ANNOTATION BY COURT: The clerk will issue summons upon submission. You may obtain the 2 page summons form by visiting our website @ www.flnd.uscourts.gov. Click on Forms & Publications; national court forms; AO 440 Summons in a Civil Action. (mb) (Entered: 12/20/2023)
2023-12-203NOTICE Summons to be issued by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION re 1 Complaint,, (TORRES, CHRISTOPHER) (Entered: 12/20/2023)
2023-12-204NOTICE Summons to be issued by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION re 1 Complaint,, (TORRES, CHRISTOPHER) (Entered: 12/20/2023)
2023-12-205NOTICE Summons to be issued by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION re 1 Complaint,, (TORRES, CHRISTOPHER) (Entered: 12/20/2023)
2023-12-206NOTICE Summons to be issued by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION re 1 Complaint,, (TORRES, CHRISTOPHER) (Entered: 12/20/2023)
2023-12-217Summons Issued as to FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, U S CENTERS FOR MEDICARE & MEDICAID SERVICES, U S DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 US DEPT OF HEALTH & HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID, # 2 US ATTY GENERAL, # 3 AUSA J. COODY) (alb) (Entered: 12/21/2023)
2024-02-078NOTICE of Proof of Service by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION (Attachments: # 1 Exhibit Affidavit) (TORRES, CHRISTOPHER) (Entered: 02/07/2024)
2024-02-209ANSWER to 1 Complaint,, by U S CENTERS FOR MEDICARE & MEDICAID SERVICES, U S DEPARTMENT OF HEALTH & HUMAN SERVICES. (COUCH, MARY ANN) (Entered: 02/20/2024)
2024-02-21ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 9 Answer to Complaint (please see proposed ISO). (mb) (Entered: 02/21/2024)
2024-02-2110INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/6/2024 . Rule 26 Meeting Report due by 4/5/2024 . Discovery due by 6/19/2024 . Signed by JUDGE T KENT WETHERELL II on 2/21/2024. (mb) (Entered: 02/21/2024)
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by FOIA Project Staff
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