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Case TitleALCRESTA THERAPEUTICS, INC. et al v. BECERRA et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01149
Date Filed2022-04-26
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffALCRESTA THERAPEUTICS, INC.
PlaintiffJAMES HENRY
PlaintiffSTEPHANIE A. WEBSTER
Case DescriptionAlcresta Therapeutics, Inc. submitted a FOIA request to the Department of Health and Human Services for records concerning communications between the Centers for Medicare and Medicaid Services and Medicare contractors concerning the price of RELiZORB, a product of Alcresta Therapeutics. Alcresta Therapeutics also requested expedited processing. The agency acknowledged receipt of the request and denied Alcresta's request for expedited processing. The agency told Alcresta that there were 52 responsive pages and withheld half of them under Exemption 5 (privileges). Alcresta filed an administrative appeal. The agency located other documents but after the agency failed to respond to Alcresta's appeal, the company filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantXAVIER BECERRA Secretary, Department of Health & Human Services
DefendantCHIQUITA BROOKS-LASURE Administrator, Centers for Medicare & 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
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-261COMPLAINT against XAVIER BECERRA, CHIQUITA BROOKS-LASURE ( Filing fee $ 402 receipt number ADCDC-9196995) filed by ALCRESTA THERAPEUTICS, INC., STEPHANIE A. WEBSTER, JAMES HENRY. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(Webster, Stephanie) (Entered: 04/26/2022)
2022-04-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALCRESTA THERAPEUTICS, INC., JAMES HENRY, STEPHANIE A. WEBSTER (Webster, Stephanie) (Entered: 04/26/2022)
2022-04-27Case Assigned to Judge Dabney L. Friedrich. (zsb) (Entered: 04/27/2022)
2022-04-273SUMMONS (2) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 04/27/2022)
2022-04-294STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on April 29, 2022. (lcdlf2) (Entered: 04/29/2022)
2022-05-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/2/2022. (Webster, Stephanie) (Main Document 5 replaced on 5/5/2022) (zeg). (Entered: 05/04/2022)
2022-05-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/28/2022. Answer due for ALL FEDERAL DEFENDANTS by 5/28/2022. (Webster, Stephanie) (Entered: 05/04/2022)
2022-05-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. XAVIER BECERRA served on 5/2/2022 (Webster, Stephanie) (Main Document 7 replaced on 5/5/2022) (zeg). (Entered: 05/04/2022)
2022-05-048RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHIQUITA BROOKS-LASURE served on 5/2/2022 (Webster, Stephanie) (Main Document 8 replaced on 5/5/2022) (zeg). (Entered: 05/04/2022)
2022-05-05NOTICE OF ERROR re 8 Summons Returned Executed as to Federal Defendant; emailed to stephanie.webster@ropesgray.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Form is fillable; document must be a non-fillable PDF (zeg, ) (Entered: 05/05/2022)
2022-05-249NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 05/24/2022)
2022-05-2610MOTION for Extension of Time to File Answer or Otherwise Respond by XAVIER BECERRA, CHIQUITA BROOKS-LASURE. (Tepe, Sean) (Entered: 05/26/2022)
2022-05-31MINUTE ORDER granting the defendants' 10 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. The defendants shall answer or otherwise respond to the plaintiff's Complaint on or before June 21, 2022. So Ordered by Judge Dabney L. Friedrich on May 31, 2022. (lcdlf2) (Entered: 05/31/2022)
2022-06-2111ANSWER to Complaint by XAVIER BECERRA, CHIQUITA BROOKS-LASURE.(Tepe, Sean) (Entered: 06/21/2022)
2022-06-22MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before July 13, 2022. So Ordered by Judge Dabney L. Friedrich on June 22, 2022. (lcdlf2) (Entered: 06/22/2022)
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by FOIA Project Staff
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