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Case TitleSHTEYNSHLYUGER v. CENTERS FOR MEDICARE AND MEDICAID SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02982
Date Filed2020-10-16
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffALEX SHTEYNSHLYUGER M.D.
Case DescriptionAlex Schteynshlyuger, a doctor who wrote about health economics, submitted eight FOIA requests to the Centers for Medicare and Medicaid Services for records concerning a variety of topics. The agency acknowledged receipt of the requests. In response to one request, the agency withheld some records under Exemption 4 (confidential business information). Schteynshlyuger filed an administrative appeal of that decision. After hearing nothing further from the agency pertaining to any of his requests, Schteynshlyuger filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS)
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [46]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-161COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7722350) filed by ALEX SHTEYNSHLYUGER. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-30, # 4 Civil Cover Sheet, # 5 Summons)(Topic, Matthew) (Entered: 10/16/2020)
2020-10-162NOTICE of Appearance by Matthew Topic on behalf of ALEX SHTEYNSHLYUGER (Topic, Matthew) (Entered: 10/16/2020)
2020-10-19Case Assigned to Judge Randolph D. Moss. (zmd) (Entered: 10/19/2020)
2020-10-203SUMMONS (4) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/20/2020)
2020-10-214STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/21/2020. (lcrdm1) (Entered: 10/21/2020)
2020-11-305ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Brudy-Everett, Kristin) (Entered: 11/30/2020)
2020-12-01MINUTE ORDER: It is ORDERED that, on or before January 8, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on January 15, 2021, at 1:15 p.m, before Judge Randolph D. Moss. The parties can obtain a teleconference number and access code from the deputy clerk prior to the conference. Signed by Judge Randolph D. Moss on 12/01/2020. (lcrdm1) Modified on 12/1/2020 to add law clerk tag (kt). (Entered: 12/01/2020)
2020-12-01Set/Reset Deadlines/Hearings: Joint Status Report due by 1/8/2021. Initial Scheduling Conference set for 1/15/2021, at 1:15 PM, by telephone, before Judge Randolph D. Moss. (kt) (Entered: 12/01/2020)
2020-12-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 11/10/2020 (Topic, Matthew) (Entered: 12/22/2020)
2020-12-227RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/29/2020 (Topic, Matthew) (Entered: 12/22/2020)
2020-12-228RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/9/2020. (Topic, Matthew) (Entered: 12/22/2020)
2020-12-229RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/30/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/29/2020. (Topic, Matthew) (Entered: 12/22/2020)
2021-01-0810Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 01/08/2021)
2021-01-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 10 , it is hereby ORDERED that the Initial Scheduling Conference set for January 15, 2021 is VACATED. It is further ORDERED that the parties shall file a further joint status report on or before March 9, 2021. Signed by Judge Randolph D. Moss on 01/11/2021. (lcrdm1) (Entered: 01/11/2021)
2021-03-0911Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 03/09/2021)
2021-03-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 10, 2021. Signed by Judge Randolph D. Moss on 03/09/2021. (lcrdm1) (Entered: 03/09/2021)
2021-05-0712Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/07/2021)
2021-05-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 9, 2021. Signed by Judge Randolph D. Moss on 05/11/2021. (lcrdm1) (Entered: 05/11/2021)
2021-06-2913NOTICE OF SUBSTITUTION OF COUNSEL by Katherine Boyd Palmer-Ball on behalf of All Defendants Substituting for attorney Kristin D. Brudy-Everett (Palmer-Ball, Katherine) (Entered: 06/29/2021)
2021-07-0914Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 07/09/2021)
2021-07-10MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 7, 2021. Signed by Judge Randolph D. Moss on 07/10/2021. (lcrdm1) (Entered: 07/10/2021)
2021-07-3015NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of All Defendants Substituting for attorney AUSA Katherine Palmer-Ball (Quinn, Thomas) (Entered: 07/30/2021)
2021-09-0716Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 09/07/2021)
2021-09-08MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 8, 2021. Signed by Judge Randolph D. Moss on 09/08/2021. (lcrdm1) (Entered: 09/08/2021)
2021-11-0817Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 11/08/2021)
2021-11-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 14, 2022. Signed by Judge Randolph D. Moss on 11/9/2021. (lcrdm1) (Entered: 11/09/2021)
2022-01-1418Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 01/14/2022)
2022-01-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 15, 2022. Signed by Judge Randolph D. Moss on 1/14/2022. (lcrdm1) (Entered: 01/14/2022)
2022-03-1419NOTICE of Appearance by Joshua Loevy on behalf of ALEX SHTEYNSHLYUGER (Loevy, Joshua) (Entered: 03/14/2022)
2022-03-1520Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 03/15/2022)
2022-03-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 16, 2022. Signed by Judge Randolph D. Moss on 3/18/2022. (lcrdm1) (Entered: 03/18/2022)
2022-05-1621Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 05/16/2022)
2022-05-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that, in accordance with the Court's Standing Order, see Dkt. 4 at 4, a pre-motion conference is SCHEDULED for 11:30 a.m. on June 27, 2022, to occur by video teleconference. It is further ORDERED that the parties' pre-motion statements shall be due on or before June 13, 2022, and responses to the pre-motion statements shall be due on or before June 20, 2022. Signed by Judge Randolph D. Moss on 5/19/2022. (lcrdm1) (Entered: 05/19/2022)
2022-06-1322Civil Statement from Defendants - Pre-Motion Statement. (Quinn, Thomas) (Entered: 06/13/2022)
2022-06-17MINUTE ORDER: Due to a conflict in the Court's schedule, it is hereby ORDERED that the pre-motion conference currently set for June 27, 2022, is VACATED and RESCHEDULED for June 30, 2022, at 10:00 a.m., to occur by video. Signed by Judge Randolph D. Moss on 6/17/2022. (lcrdm1) (Entered: 06/17/2022)
2022-06-2123RESPONSE to 22 Civil Statement from Defendants - Pre-Motion Statement filed by ALEX SHTEYNSHLYUGER. (Loevy, Joshua) Modified on 6/22/2022 to add docket link (zjm). (Entered: 06/21/2022)
2022-06-30Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Pre-motion Conference held on 6/30/2022. Defendants' Motion for Summary Judgment due by 9/2/2022; Plaintiff's Response to Motion for Summary Judgment and Cross Motion are due by 10/7/2022; Defendants' Reply to Motion for Summary Judgment and Cross Opposition are due by 11/4/2022. Plaintiff's Cross Reply due by 12/9/2022. (Court Reporter: Tammy Nestor.) (kt) (Entered: 06/30/2022)
2022-08-3124Unopposed MOTION to Modify by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 08/31/2022)
2022-08-31MINUTE ORDER: Upon consideration of Defendants' unopposed motion for modification of the summary judgment briefing schedule, Dkt. 24 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) Defendants shall file their motion for summary judgment on or before October 7, 2022; (2) Plaintiff shall file Plaintiff's response to Defendants' motion for summary judgment on or before November 18, 2022; (3) Plaintiff shall file Plaintiff's cross-motion for summary judgment on or before November 18, 2022; (4) Defendants shall file their reply to Plaintiff's response on or before December 9, 2022; (5) Defendants shall file their response to Plaintiff's cross-motion for summary judgment on or before December 9, 2022; and (6) Plaintiff shall file Plaintiff's cross-reply on or before January 13, 2022. Signed by Judge Randolph D. Moss on 08/31/2022. (lcrdm1) (Entered: 08/31/2022)
2022-10-0525Unopposed MOTION to Modify Briefing Schedule by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 10/05/2022)
2022-10-07MINUTE ORDER: Upon consideration of Defendants' second unopposed motion for modification of the summary judgment briefing schedule, Dkt. 25 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall adhere to the following briefing schedule: (1) Defendants shall file their motion for summary judgment on or before November 4, 2022; (2) Plaintiff shall file Plaintiff's opposition and cross-motion for summary judgment on or before December 16, 2022; (3) Defendants shall file their reply and cross-opposition on or before January 13, 2023; and (4) Plaintiff shall file Plaintiff's cross-reply on or before February 17, 2023. Signed by Judge Randolph D. Moss on 10/7/2022. (lcrdm1) (Entered: 10/07/2022)
2022-11-0326MOTION for Extension of Time to File by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 11/03/2022)
2022-11-03MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 26 , it is hereby ORDERED that the November 4, 2022 filing deadline for its motion for summary judgment is STAYED pending resolution of the instant motion for extension of time. It is further ORDERED that Plaintiff shall respond to Defendant's motion for extension of time on or before November 8, 2022. Signed by Judge Randolph D. Moss on 11/3/2022. (lcrdm1) (Entered: 11/03/2022)
2022-11-0827RESPONSE re 26 MOTION for Extension of Time to File filed by ALEX SHTEYNSHLYUGER. (Loevy, Joshua) (Entered: 11/08/2022)
2022-11-09MINUTE ORDER: Upon consideration of Defendants' motion for extension of time, Dkt. 26 , and Plaintiff's response, Dkt. 27 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern summary judgment briefing in this matter: (1) Defendants shall file their motion for summary judgment on or before December 16, 2022; (2) Plaintiff shall file Plaintiff's response and cross-motion for summary judgment on or before January 20, 2023; (3) Defendants shall file their reply and cross-opposition on or before February 3, 2023; and (4) Plaintiff shall file Plaintiff's cross-reply on or before February 24, 2023. No further extension of time shall be granted absent compelling and unanticipated reasons. Signed by Judge Randolph D. Moss on 11/9/2022. (lcrdm1) (Entered: 11/09/2022)
2022-12-1628MOTION for Summary Judgment by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Text of Proposed Order)(Quinn, Thomas) (Entered: 12/16/2022)
2022-12-1629NOTICE by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Quinn, Thomas) (Entered: 12/16/2022)
2022-12-2230Unopposed MOTION for Extension of Time to Briefing Schedule by ALEX SHTEYNSHLYUGER. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 12/22/2022)
2022-12-23MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion to extend the briefing schedule, Dkt. 30 , it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern the remaining briefing in this matter going forward: (1) Plaintiff shall file Plaintiff's opposition and cross-motion for summary judgment on or before February 10, 2023; (2) Defendants shall file their reply and cross-opposition on or before February 24, 2023; and (3) Plaintiff shall file Plaintiff's cross-reply on or before March 17, 2023. Signed by Judge Randolph D. Moss on 12/23/2022. (lcrdm1) (Entered: 12/23/2022)
2023-02-1031Cross MOTION for Summary Judgment by ALEX SHTEYNSHLYUGER. (Attachments: # 1 Memorandum in Support, # 2 Declaration Shteynshlyuger Decl, # 3 Statement of Facts, # 4 Statement of Facts Response to SOF, # 5 Text of Proposed Order)(Topic, Matthew) (Entered: 02/10/2023)
2023-02-1032Memorandum in opposition to re 28 Motion for Summary Judgment,, filed by ALEX SHTEYNSHLYUGER. (Attachments: # 1 Declaration Shteynshlyuger Decl, # 2 Statement of Facts, # 3 Statement of Facts Response to SOF, # 4 Text of Proposed Order)(Topic, Matthew) (Entered: 02/10/2023)
2023-02-2333MOTION to Modify BRIEFING SCHEDULE FOR SUMMARY JUDGMENT RESPONSES AND REPLIES by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 02/23/2023)
2023-02-23MINUTE ORDER: Upon consideration of Defendants' unopposed motion to modify briefing schedule for summary judgment responses and replies, Dkt. 33 , it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern briefing in this matter going forward: (1) Defendants shall file their reply and cross-opposition on or before March 3, 2023, and (2) Plaintiff shall file Plaintiff's cross-reply on or before March 24, 2023. Signed by Judge Randolph D. Moss on 2/23/2023. (lcrdm1) (Entered: 02/23/2023)
2023-03-0234Unopposed MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment , 31 Cross MOTION for Summary Judgment by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 03/02/2023)
2023-03-03MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension of time, Dkt. 34 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file a combined reply and cross-opposition on or before March 10, 2023, and Plaintiff shall file Plaintiff's cross-reply on or before March 31, 2023. Signed by Judge Randolph D. Moss on 3/3/2023. (lcrdm1) (Entered: 03/03/2023)
2023-03-0935MOTION to Modify Briefing Schedule by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 03/09/2023)
2023-03-11MINUTE ORDER: Upon consideration of Defendants' motion to modify briefing schedule, Dkt. 35 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their reply and cross-opposition on or before March 31, 2023, and Plaintiff shall file Plaintiff's cross-reply on or before April 28, 2023. Signed by Judge Randolph D. Moss on 3/11/2023. (lcrdm1) (Entered: 03/11/2023)
2023-03-3036MOTION to Modify Briefing Schedule by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 03/30/2023)
2023-04-04MINUTE ORDER: Upon consideration of Defendants' motion to modify briefing schedule, Dkt. 36 , it is hereby ORDERED that Plaintiff shall file Plaintiff's response, if any, on or before April 7, 2023. Signed by Judge Randolph D. Moss on 4/4/2023. (lcrdm1) (Entered: 04/04/2023)
2023-04-0737RESPONSE re 36 MOTION to Modify Briefing Schedule filed by ALEX SHTEYNSHLYUGER. (Wayne, Merrick) (Entered: 04/07/2023)
2023-04-08MINUTE ORDER: Upon consideration of Defendants' motion for extension of time, Dkt. 36 , and Plaintiff's response, Dkt. 37 , it is hereby ORDERED that Defendant shall file its reply and cross-opposition on or before April 14, 2023, and Plaintiff shall file Plaintiff's cross-reply on or before May 12, 2023. Signed by Judge Randolph D. Moss on 4/8/2023. (lcrdm1) (Entered: 04/08/2023)
2023-04-1438MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment , 31 Cross MOTION for Summary Judgment by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 04/14/2023)
2023-04-15MINUTE ORDER: Upon consideration of Defendants' motion for extension of time, Dkt. 38 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their reply and cross-opposition on or before April 18, 2023. Signed by Judge Randolph D. Moss on 4/15/2023. (lcrdm1) (Entered: 04/15/2023)
2023-04-1839MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment , 31 Cross MOTION for Summary Judgment by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 04/18/2023)
2023-04-19MINUTE ORDER: Upon consideration of Defendants' motion for extension of time, Dkt. 39 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their reply and cross-opposition on or before April 21, 2023. Signed by Judge Randolph D. Moss on 4/19/2023. (lcrdm1) (Entered: 04/19/2023)
2023-04-2140Memorandum in opposition to re 31 Motion for Summary Judgment, filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit)(Quinn, Thomas) (Entered: 04/21/2023)
2023-04-2141REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit)(Quinn, Thomas) (Entered: 04/21/2023)
2023-04-2642Unopposed MOTION for Extension of Time to File Response/Reply by ALEX SHTEYNSHLYUGER. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 04/26/2023)
2023-04-27MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for extension of time to file reply, Dkt. 42 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file Plaintiff's reply on or before May 26, 2023. Signed by Judge Randolph D. Moss on 4/27/2023. (lcrdm1) (Entered: 04/27/2023)
2023-05-2643NOTICE of Appearance by Stephen Stich Match on behalf of ALEX SHTEYNSHLYUGER (Match, Stephen) (Entered: 05/26/2023)
2023-05-2644REPLY to opposition to motion re 31 Cross MOTION for Summary Judgment filed by ALEX SHTEYNSHLYUGER. (Match, Stephen) (Entered: 05/26/2023)
2023-07-1845NOTICE OF SUBSTITUTION OF COUNSEL by Christina O'Tousa on behalf of CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Thomas Anthony Quinn (O'Tousa, Christina) (Entered: 07/18/2023)
2023-09-3046MEMORANDUM OPINION AND ORDER: For the reasons explained herein, it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. 28 , is DENIED, and Plaintiff's cross-motion for summary judgment, Dkt. 31 , is GRANTED in part and DENIED in part. It is further ORDERED that the parties shall meet and confer and shall submit a joint status report on or before October 31, 2023, proposing a schedule for further proceedings in this case. See document for details. Signed by Judge Randolph D. Moss on 9/30/2023. (lcrdm1) (Entered: 09/30/2023)
2023-10-3047Consent MOTION for Extension of Time to File Joint Status Report by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 10/30/2023)
2023-10-30MINUTE ORDER: Upon consideration of Defendants' consent motion to extend time, Dkt. 47 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file a joint status report on or before November 30, 2023. Signed by Judge Randolph D. Moss on 10/30/2023. (lcrdm1) (Entered: 10/30/2023)
2023-11-3048Consent MOTION for Extension of Time to File Joint Status Report by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 11/30/2023)
2023-12-04MINUTE ORDER: Upon consideration of Defendants' consent motion to extend time, Dkt. 48 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file a joint status report on or before December 8, 2023. Signed by Judge Randolph D. Moss on 12/4/2023. (lcrdm1) (Entered: 12/04/2023)
2023-12-0849Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 12/08/2023)
2023-12-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 49 , it is hereby ORDERED that the proposed schedule is ADOPTED. It is further ORDERED that the parties file a further joint status report on or before February 21, 2024. Signed by Judge Randolph D. Moss on 12/15/2023. (lcrdm1) (Entered: 12/15/2023)
2024-02-2150Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 02/21/2024)
2024-02-22MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 50 , it is hereby ORDERED that the parties file a further joint status report on or before April 23, 2024. Signed by Judge Randolph D. Moss on 2/22/2024. (lcrdm1) (Entered: 02/22/2024)
2024-04-2351Consent MOTION for Extension of Time to File Joint Status Report by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 04/23/2024)
2024-04-24MINUTE ORDER: Upon consideration of Defendants' consent motion to extend time, Dkt. 51 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file a joint status report on or before April 26, 2024. Signed by Judge Randolph D. Moss on 4/24/2024. (lcrdm1) (Entered: 04/24/2024)
2024-04-2652Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 04/26/2024)
2024-04-29MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 52 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 26, 2024. Signed by Judge Randolph D. Moss on 4/29/2024. (lcrdm1) (Entered: 04/29/2024)
2024-06-2153Consent MOTION for Extension of Time to File Joint Status Report by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 06/21/2024)
2024-06-28MINUTE ORDER: Upon consideration of the Defendants' consent motion to extend time, Dkt. 53 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file a status report on or before July 10, 2024. Signed by Judge Randolph D. Moss on 6/28/24. (lcrdm2) (Entered: 06/28/2024)
2024-07-1054NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 07/10/2024)
2024-07-1055Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schreiber, Alexander) (Entered: 07/10/2024)
2024-07-10MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 55 , it is hereby ORDERED that the parties submit a further joint status report on or before August 28, 2024. Signed by Judge Randolph D. Moss on 7/10/2024. (lcrdm1) (Entered: 07/10/2024)
2024-08-2856NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. Attorney Peter C. Pfaffenroth and Alexander Schreiber terminated. (O'Tousa, Christina) (Entered: 08/28/2024)
2024-08-2857Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 08/28/2024)
2024-08-29MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 57 , it is hereby ORDERED that the parties submit a further joint status report on or before October 30, 2024. Signed by Judge Randolph D. Moss on 08/29/2024. (lcrdm1) (Entered: 08/29/2024)
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