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Case TitleThaw v. Department of Health and Human Services et al
DistrictSouthern District of Florida
CityFt Lauderdale
Case Number0:2017cv62509
Date Filed2017-12-19
Date Closed2018-11-16
JudgeSenior Judge James I. Cohn
PlaintiffStanley Thaw
Case DescriptionStanley Thaw submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning whether three companies he owned were registered in the State of Texas. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Thaw filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDepartment of Health and Human Services
DefendantFreedom Of Information Group
DefendantCenter For Medicare And Medical Service
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-191COMPLAINT against Stanley Thaw. Filing fees $ 400.00 No Filing Fee/No I.F.P., filed by Stanley Thaw.(vmz) (Entered: 12/19/2017)
2017-12-192Clerks Notice of Judge Assignment to Senior Judge James I. Cohn. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (vmz) (Entered: 12/19/2017)
2017-12-203Clerks Notice re: Filing Fee in the amount of $ 400.00 - Outstanding/Pending. (jmd) (Entered: 12/20/2017)
2017-12-204ORDER SETTING CALENDAR CALL AND TRIAL DATE, AND ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE BARRY S. SELTZER FOR SCHEDULING MATTERS AND PRETRIAL DISCOVERY MATTERS ( Jury Trial set for 8/13/2018 09:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn., Calendar Call set for 8/9/2018 09:00 AM before Senior Judge James I. Cohn.). Signed by Senior Judge James I. Cohn on 12/20/17. (rms1) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 12/20/2017)
2018-01-115MOTION for Leave to Proceed in forma pauperis by Stanley Thaw. (rms1) (Entered: 01/11/2018)
2018-01-116ORDER granting 5 Motion for Leave to Proceed in forma pauperis. USM Service Ordered and Summonses NOT provided for USM Service . Signed by Senior Judge James I. Cohn on 1/11/18. (rms1) (Entered: 01/11/2018)
2018-02-267Summons Issued as to Center For Medicare And Medical Service. (rms1) (Entered: 02/27/2018)
2018-03-208Summons (Affidavit) Returned Unexecuted as to Center For Medicare And Medical Service. (mc) (Entered: 03/21/2018)
2018-03-219ORDER RE: SERVICE; that Plaintiff within seven (7) days of receipt of this Order, prepare appropriate summonses containing the correct addresses for service on Defendants and deliver them to the Clerks Office to be served by the United States Marshal. Plaintiff shall have up to and including Monday, May 7, 2018 to perfect service upon Defendants. Signed by Senior Judge James I. Cohn on 3/21/2018. (vmz) (Entered: 03/22/2018)
2018-04-1210NOTICE of Filing Proposed Summons(es) by Stanley Thaw (Attachments: # 1 Exhibit) (cbr) (Entered: 04/13/2018)
2018-04-1211Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - Greg Demsky is not a party. (cbr) (Entered: 04/13/2018)
2018-04-2412FIRST Clerk's Notice of Undeliverable Mail re 11 Clerks Notice to Filer re: Electronic Case, Summons(es). US Mail returned for: Stanley Thaw. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) (Entered: 04/24/2018)
2018-05-0113SECOND Clerk's Notice of Undeliverable Mail re 12 Clerk's Notice of Undeliverable Mail,. US Mail returned for: Stanley Thaw. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) (Entered: 05/01/2018)
2018-05-3014ORDER OF DISMISSAL Signed by Senior Judge James I. Cohn on 5/30/18. (rms1) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 05/31/2018)
2018-08-0215MOTION to Reopen for Relief from Order Under Fed.R.CIV.P. 60 (b) (3) and Order Subpoena Duces Tecum Records Regarding Plaintiff. by Stanley Thaw. (mee) (Entered: 08/02/2018)
2018-08-0816ORDER GRANTING IN PART PLAINTIFFS MOTION TO REOPEN CASE AND SETTING TRIAL DATE. Granting 15 Motion to Reopen Case. Miscellaneous Deadline 11/5/2018. Calendar Call set for 5/2/2019 09:00 AM before Senior Judge James I. Cohn. Trial set for 5/6/2019 09:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn. Signed by Senior Judge James I. Cohn on 8/7/2018. See attached document for full details. (lbc) (Entered: 08/08/2018)
2018-08-3117Summons Issued as to Department of Health and Human Services, by serving Demetrios Kouzoukas (lk) (Entered: 08/31/2018)
2018-08-3118AFFIDAVIT in Support re 1 Complaint by Stanley Thaw. (Attachments: # 1 Affidavit)(mee) (Entered: 09/04/2018)
2018-11-1619ORDER DISMISSING CASE. Closing Case. Signed by Senior Judge James I. Cohn on 11/16/2018. See attached document for full details. (lbc) (Entered: 11/16/2018)
2018-11-2120SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Stanley Thaw. Department of Health and Human Services served on 11/15/2018, answer due 12/6/2018. (mee) (Entered: 11/21/2018)
2018-11-2721MOTION for Reconsideration To Re-Open Case re 19 Order Dismissing Case by Stanley Thaw. (cqs) (Entered: 11/28/2018)
2018-11-2722AFFIDAVIT signed by : Stanley Thaw. (cqs) (Entered: 11/28/2018)
2018-11-2723ACKNOWLEDGMENT OF SERVICE as to 7 Summons Issued. (cqs) (Entered: 11/28/2018)
2018-11-2824ORDER denying 21 Motion for Reconsideration. Signed by Senior Judge James I. Cohn on 11/28/2018. See attached document for full details. (lbc) (Entered: 11/28/2018)
2019-01-0925ACKNOWLEDGMENT OF SERVICE as to 1 Complaint, 17 Summons Issued as to USA. (cqs) (Entered: 01/10/2019)
2019-01-1626Notice of Appeal as to 24 Order on Motion for Reconsideration by Stanley Thaw. Filing fee $ 505.00. Receipt#: FEE NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (hh) (Entered: 01/17/2019)
2019-01-17Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 26 Notice of Appeal. Notice has been electronically mailed. (hh) (Entered: 01/17/2019)
2019-01-2227Acknowledgment of Receipt of NOA from USCA re 26 Notice of Appeal, filed by Stanley Thaw. Date received by USCA: 1/17/19. USCA Case Number: 19-10220-GG. (hh) (Entered: 01/22/2019)
2019-02-1328MOTION for Leave to Proceed in forma pauperis by Stanley Thaw. (mee) (Entered: 02/13/2019)
2019-02-1429ORDER Granting 28 Motion for Leave to Proceed in forma pauperis. USM Service NOT Ordered . Signed by Senior Judge James I. Cohn on 2/14/2019. See attached document for full details. (cds) (Entered: 02/14/2019)
2019-03-1230ORDER of Dismissal of USCA, DISMISSED for want of prosecution because the appellant Stanley Thaw has failed to file an appellant's brief within the time fixed by the rules as to 26 Notice of Appeal, filed by Stanley Thaw, USCA # 19-10220-GG (hh) (Entered: 03/12/2019)
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by FOIA Project Staff
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