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Case TitleD'SPAIN v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02536
Date Filed2020-09-10
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffLINDA L. D'SPAIN
Case DescriptionLinda D'Spain, an expert in Medicare coding serving as an expert witness, submitted a FOIA request to Centers for Medicare and Medicaid Services for records concerning charges or payments for various Medicare codes. The agency acknowledged receipt of the request but after hearing nothing further from the agency, D'Spain filed suit.
Complaint issues: Adequacy - Search, 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
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-101COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7576550) filed by LINDA L. D'SPAIN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons)(Davenport, James) (Entered: 09/10/2020)
2020-09-102NOTICE OF RELATED CASE by LINDA L. D'SPAIN. Case related to Case No. 15-cv-392. (Davenport, James) (Entered: 09/10/2020)
2020-09-11Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 09/11/2020)
2020-09-113SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 09/11/2020)
2020-09-184RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 9/17/2020 (Davenport, James) (Entered: 09/18/2020)
2020-09-185RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/18/2020. (Davenport, James) (Entered: 09/18/2020)
2020-09-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/18/2020. Answer due for ALL FEDERAL DEFENDANTS by 10/18/2020. (Davenport, James) (Entered: 09/18/2020)
2020-09-217Case randomly reassigned to Judge Colleen Kollar-Kotelly as the case is not related. Judge Tanya S. Chutkan is no longer assigned to the case. (rj) (Entered: 09/22/2020)
2020-09-308ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 9/30/2020. (DM) (Entered: 09/30/2020)
2020-10-199ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Mussenden, Paul) (Entered: 10/19/2020)
2020-10-19MINUTE ORDER: The Court has received Defendant's 9 Answer to the Complaint. The parties shall submit by or before NOVEMBER 16, 2020, a joint status report addressing how the parties would like to proceed in this case, including the potential for dispositive briefing. Signed by Judge Colleen Kollar-Kotelly on October 19, 2020. (lcckk1) (Entered: 10/19/2020)
2020-10-19Set/Reset Deadlines: Joint Status Report due by 11/16/2020. (dot) (Entered: 10/20/2020)
2020-11-1610Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Mussenden, Paul) (Entered: 11/16/2020)
2020-11-16MINUTE ORDER: The Court has received the parties' 10 Joint Status Report. As proposed therein, it is hereby ORDERED that the parties shall submit another joint status report regarding the progress of this case by or before DECEMBER 16, 2020. Signed by Judge Colleen Kollar-Kotelly on November 16, 2020. (lcckk1) (Entered: 11/16/2020)
2020-11-16Set/Reset Deadlines: Joint Status Report due by 12/16/2020. (dot) (Entered: 11/16/2020)
2020-12-1611Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Mussenden, Paul) (Entered: 12/16/2020)
2020-12-17MINUTE ORDER: The Court has received the parties' 11 Joint Status Report. Therein, the parties indicate that Defendant is currently reviewing and processing Plaintiffs document request, and they request that the Court permit them to file a subsequent joint status report by or before February 1, 2021. As proposed, the parties shall submit another joint status report to update the court on the progress of this case by or before FEBRUARY 1, 2021. Signed by Judge Colleen Kollar-Kotelly on December 17, 2020. (lcckk1) (Entered: 12/17/2020)
2020-12-17Set/Reset Deadlines: Joint Status Report due by 2/1/2021. (dot) (Entered: 12/18/2020)
2021-01-2912Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Mussenden, Paul) (Entered: 01/29/2021)
2021-01-31MINUTE ORDER: The Court has received the parties' 12 Joint Status Report. As proposed therein, the parties shall submit another joint status report to update the Court on the progress of this case by or before MARCH 18, 2021. The parties shall then continue to file periodic joint status reports every forty-five days thereafter, until further order of the Court. Signed by Judge Colleen Kollar-Kotelly on January 31, 2021. (lcckk1) (Entered: 01/31/2021)
2021-02-01Set/Reset Deadlines: Joint Status Report due by 3/18/2021, and every forty-five days thereafter, until further order of the Court (dot) (Entered: 02/01/2021)
2021-03-1813Consent MOTION for Extension of Time to by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/18/2021)
2021-03-20MINUTE ORDER: The Court has received Defendant's 13 Motion for Extension of Time. With Plaintiff's consent and for good cause shown, the Court GRANTS the 13 Motion. The parties shall file their next joint status report by or before March 25, 2021, and continue to file periodic joint status reports every forty-five days thereafter until further order from the Court. Signed by Judge Colleen Kollar-Kotelly on March 20, 2021. (lcckk1) (Entered: 03/20/2021)
2021-03-22Set/Reset Deadlines: Joint Status Report due by 3/25/2021, and continue to file periodic joint status reports every forty-five days thereafter until further order from the Court. (dot) (Entered: 03/22/2021)
2021-03-2514Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 03/25/2021)
2021-05-1115Joint STATUS REPORT by LINDA L. D'SPAIN. (Davenport, James) (Entered: 05/11/2021)
2021-05-12MINUTE ORDER: The Court has received and reviewed the parties' 15 Joint Status Report. Therein, the parties present a dispute about the appropriate development of this action. In order to fully address this dispute, the Court hereby orders the following: By or before May 21, 2021, the parties shall file a joint status report. Therein, Plaintiff shall address (1) why it would be insufficient for the parties to exchange questions and proposals as Defendant suggests, and (2) what authority would support Plaintiff's request for pre-briefing discovery in a FOIA case, such as this one. In turn, Defendant shall respond more fully to its opposition to Plaintiff's request for formal discovery, including depositions. Signed by Judge Colleen Kollar-Kotelly on May 12, 2021. (lcckk1) (Entered: 05/12/2021)
2021-05-12Set/Reset Deadlines: Joint Status Report due by 5/21/2021. (dot) (Entered: 05/12/2021)
2021-05-2116Joint STATUS REPORT by LINDA L. D'SPAIN. (Davenport, James) (Entered: 05/21/2021)
2021-05-21MINUTE ORDER: The Court has received and reviewed the parties' 16 Joint Status Report. As proposed therein, the Court will hereby extend the deadline for the requests made in its May 12, 2021 Minute Order. The parties should now respond to the requests posed therein by or before June 18, 2021. The parties shall provide these response in the form of a Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on May 21, 2021. (lcckk1) (Entered: 05/21/2021)
2021-05-21Set/Reset Deadlines: Joint Status Report due by 6/18/2021. (dot) (Entered: 05/23/2021)
2021-06-1717Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 06/17/2021)
2021-06-17MINUTE ORDER: As proposed in their 17 Joint Status Report, the parties shall file another Joint Status Report by or before July 18, 2021, addressing the remaining issues in this matter. Signed by Judge Colleen Kollar-Kotelly on June 17, 2021. (lcckk1) (Entered: 06/17/2021)
2021-06-17Set/Reset Deadlines: Joint Status Report due by 7/18/2021, addressing the remaining issues in this matter. (dot) (Entered: 06/22/2021)
2021-07-1618Joint MOTION for Extension of Time to File JOINT STATUS REPORT by LINDA L. D'SPAIN. (Davenport, James) (Entered: 07/16/2021)
2021-07-16MINUTE ORDER: Given the parties' mutual consent and for good cause shown, the Court GRANTS the 18 Motion for Extension of Time. The parties shall file their Joint Status Report by or before July 23, 2021. Signed by Judge Colleen Kollar-Kotelly on July 16, 2021. (lcckk1) (Entered: 07/16/2021)
2021-07-16Set/Reset Deadlines: Joint Status Report due by 7/16/2021. (kt) (Entered: 07/16/2021)
2021-07-2319Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 07/23/2021)
2021-08-06MINUTE ORDER: The Court has received and reviewed the parties' 19 Joint Status Report. Therein, the parties outline an impasse that they have encountered with regards to how best to proceed in this FOIA action. Upon review of the parties' respective positions, the Court ORDERS that the parties proceed with summary judgment briefing, as proposed by the government. Plaintiff may raise the arguments outlined in the 19 Joint Status Report within the context of that briefing, and move for any proposed relief accordingly. It is hereby ORDERED that: (1) Defendant file its Motion for Summary Judgment by September 24, 2021; (2) Plaintiff file her opposition and any accompanying cross-motions by October 25, 2021; (3) Defendant file its reply by November 24, 2021; and (4) Plaintiff file her reply by December 17, 2021. Signed by Judge Colleen Kollar-Kotelly on August 6, 2021. (lcckk1) (Entered: 08/06/2021)
2021-08-06Set/Reset Deadlines: Plaintiff's Cross Motions due by 10/25/2021. Response to Cross Motions due by 11/24/2021. Reply to Cross Motions due by 12/17/2021. Defendant's Summary Judgment Motions due by 9/24/2021. Response to Motion for Summary Judgment due by 10/25/2021. Reply to Motion for Summary Judgment due by 11/24/2021. (dot) (Entered: 08/06/2021)
2021-09-0320MOTION to Amend/Correct 1 Complaint, by LINDA L. D'SPAIN. (Davenport, James) (Entered: 09/03/2021)
2021-09-1721Memorandum in opposition to re 20 MOTION to Amend/Correct 1 Complaint, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit)(Peterson, Benton) (Entered: 09/17/2021)
2021-09-1722Unopposed MOTION for Extension of Time to File by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/17/2021)
2021-09-20MINUTE ORDER: For good cause shown, the Court GRANTS the 22 Motion for Extension of Time. It is hereby ORDERED that Defendant shall file its Motion for Summary on or before October 25, 2021. Signed by Judge Colleen Kollar-Kotelly on September 20, 2021. (lcckk1) (Entered: 09/20/2021)
2021-09-20Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 10/25/2021. (dot) (Entered: 09/20/2021)
2021-09-2223REPLY to opposition to motion re 20 MOTION to Amend/Correct 1 Complaint, filed by LINDA L. D'SPAIN. (Attachments: # 1 Exhibit A-Spreadsheets, # 2 Exhibit B-Email, # 3 Exhibit C-Questions, # 4 Exhibit D-Email, # 5 Exhibit E-Email)(Davenport, James) (Entered: 09/22/2021)
2021-10-0724MOTION to Modify Briefing Schedule TO REVISE SUMMARY JUDGMENT BRIEFING SCHEDULE by LINDA L. D'SPAIN. (Davenport, James) Modified event title on 10/8/2021 (znmw). (Entered: 10/07/2021)
2021-10-08MINUTE ORDER: The Court has received and reviewed Plaintiff's 24 Motion to Modify. Defendant does not object to the relief requested therein. Accordingly, and for good cause shown, the Court hereby GRANTS the 24 Motion and VACATES the summary judgment briefing schedule set in the Court's August 6, 2021 minute order. By or before October 15, 2021, the parties shall file a joint status report that proposes a new summary judgment briefing schedule. Signed by Judge Colleen Kollar-Kotelly on October 8, 2021. (lcckk1) (Entered: 10/08/2021)
2021-10-1525Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 10/15/2021)
2021-10-18MINUTE ORDER: The Court has received and reviewed the parties' 25 Joint Status Report. In accordance with the joint proposal set forth therein, it is hereby ORDERED that the parties shall file a joint status report within 14 days of this Court's resolution of the 20 Motion to Amend. Signed by Judge Colleen Kollar-Kotelly on October 18, 2021. (lcckk1) (Entered: 10/18/2021)
2022-05-0526MEMORANDUM OPINION AND ORDER denying 20 Motion for Leave to File an Amended Complaint. Joint status report due on or before May 18, 2022. See Memorandum Opinion and Order for details. Signed by Judge Colleen Kollar-Kotelly on May 4, 2022. (lcckk1) (Entered: 05/05/2022)
2022-05-1327MOTION to Dismiss Without Prejudice by LINDA L. D'SPAIN. (Davenport, James) (Entered: 05/13/2022)
2022-05-1428ORDER granting 27 Motion to Dismiss and dismissing case without prejudice. Signed by Judge Colleen Kollar-Kotelly on May 14, 2022. (lcckk1) (Entered: 05/14/2022)
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