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Case TitleCAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00444
Date Filed2017-03-13
Date Closed2019-12-04
JudgeJudge Trevor N. McFadden
PlaintiffCAUSE OF ACTION INSTITUTE
Case DescriptionCause of Action Institute submitted three FOIA requests to the Centers for Medicare and Medicaid Services for records concerning the agency's obligations to taxpayers under the Affordable Care Act. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency on any of its requests, Cause of Action Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-131COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-4873891) filed by CAUSE OF ACTION INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Summons Medicare, # 9 Summons HHS, # 10 Summons AG, # 11 Summons Clerk)(Steven, Lee) (Entered: 03/13/2017)
2017-03-132Corporate Disclosure Statement by CAUSE OF ACTION INSTITUTE. (Steven, Lee) (Entered: 03/13/2017)
2017-03-133NOTICE of Appearance by Cynthia Fleming Crawford on behalf of CAUSE OF ACTION INSTITUTE (Crawford, Cynthia) (Entered: 03/13/2017)
2017-03-13Case Assigned to Judge Christopher R. Cooper. (md) (Entered: 03/13/2017)
2017-03-134SUMMONS (4) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 03/13/2017)
2017-03-215RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/20/2017. Answer due for ALL FEDERAL DEFENDANTS by 4/19/2017. (Steven, Lee) (Entered: 03/21/2017)
2017-03-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/20/2017. (Steven, Lee) (Entered: 03/21/2017)
2017-03-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/20/2017 (Steven, Lee) (Entered: 03/21/2017)
2017-03-218RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 3/17/2017 (Steven, Lee) (Entered: 03/21/2017)
2017-04-189NOTICE of Appearance by Joshua M. Kolsky on behalf of CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Kolsky, Joshua) (Entered: 04/18/2017)
2017-04-1810Consent MOTION for Extension of Time to File Answer re 1 Complaint, by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 04/18/2017)
2017-04-19MINUTE ORDER granting 10 Consent Motion for Extension of Time. Defendants shall respond to the complaint on or before May 19, 2017. Signed by Judge Christopher R. Cooper on 4/19/2017. (lccrc3) (Entered: 04/19/2017)
2017-04-20Set/Reset Deadlines: Answer due by 5/19/2017. (zlsj) (Entered: 04/20/2017)
2017-05-1911ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Kolsky, Joshua) (Entered: 05/19/2017)
2017-05-22MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Because the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure by June 5, 2017. Signed by Judge Christopher R. Cooper on 5/22/2017. (lccrc3) (Entered: 05/22/2017)
2017-05-22Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 6/5/2017. (lsj) (Entered: 05/22/2017)
2017-06-0512Joint STATUS REPORT (Proposed Schedule) by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 06/05/2017)
2017-06-06MINUTE ORDER: Pursuant to the parties' 12 Joint Status Report, it is hereby ORDERED that the parties file a joint status report on Defendant's ongoing production efforts on or before August 11, 2017. It is further ORDERED that the parties file additional joint status reports every sixty days thereafter until the document production is complete. Signed by Judge Christopher R. Cooper on 6/6/2017. (lccrc3) (Entered: 06/06/2017)
2017-06-07Set/Reset Deadlines: Joint Status Report due by 8/11/2017 (lsj) (Entered: 06/07/2017)
2017-08-1113Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 08/11/2017)
2017-10-1014Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 10/10/2017)
2017-10-1615NOTICE of Errata by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES re 14 Status Report (Attachments: # 1 Exhibit (Joint Status Report))(Kolsky, Joshua) (Entered: 10/16/2017)
2017-11-01Case directly reassigned to Judge Trevor N. McFadden. Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) (Entered: 11/01/2017)
2017-11-15MINUTE ORDER: In light of the recent assignment of this case to Judge McFadden, the parties are advised that the pre-existing schedule for this case remains in effect. The parties shall comply with all deadlines as previously ordered. SO ORDERED. Signed by Judge Trevor N. McFadden on November 15, 2017. (lctnm2) (Entered: 11/15/2017)
2017-12-1116Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 12/11/2017)
2018-02-0917Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 02/09/2018)
2018-04-1018Joint STATUS REPORT by CAUSE OF ACTION INSTITUTE. (Steven, Lee) (Entered: 04/10/2018)
2018-04-2519STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Courtesy copies are excused for all filings predating the entry of this Standing Order. Signed by Judge Trevor N. McFadden on 4/25/2018. (lctnm2) (Entered: 04/25/2018)
2018-06-1120Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 06/11/2018)
2018-06-13NOTICE OF HEARING: The parties shall take notice that a Status Conference is scheduled for 8/14/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 06/13/2018)
2018-08-1021Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 08/10/2018)
2018-08-14Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 8/14/2018. (Court Reporter: Cathryn Jones.) (hmc) (Entered: 08/14/2018)
2018-10-0922Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Kolsky, Joshua) (Entered: 10/09/2018)
2018-12-0723NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of All Defendants Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/07/2018)
2018-12-1024Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 12/10/2018)
2019-02-1125Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 02/11/2019)
2019-04-0926Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 04/09/2019)
2019-06-1027Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 06/10/2019)
2019-07-0528ENTERED IN ERROR.....STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 07/05/2019. (lctnm2) Modified on 7/5/2019 (hmc). (Entered: 07/05/2019)
2019-07-16NOTICE OF CORRECTED DOCKET ENTRY: 28 Standing Order was entered in error. It is a duplicate of a previously filed 19 Standing Order. (hmc) (Entered: 07/16/2019)
2019-08-0929Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 08/09/2019)
2019-10-0930Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 10/09/2019)
2019-10-3131NOTICE of Change of Address by Lee A. Steven (Steven, Lee) (Entered: 10/31/2019)
2019-12-0332STIPULATION of Dismissal by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cirino, Paul) (Entered: 12/03/2019)
2019-12-03MINUTE ORDER. Upon consideration of the parties' 32 Stipulation of Dismissal, this matter is DISMISSED with prejudice per the terms of the stipulation. Each party shall bear its own attorneys' fees and costs, as stipulated. The Clerk of the Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/3/2019. (lctnm2) (Entered: 12/03/2019)
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