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Case TitleWILLKIE FARR & GALLAGHER LLP v. NORIDIAN HEALTHCARE SOLUTIONS JE PART A, et al.,
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00452
Date Filed2023-02-17
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffWILLKIE FARR & GALLAGHER LLP.
Case DescriptionThe law firm of Willkie Farr & Gallagher submitted a FOIA request to Noridian Healthcare Solutions. Noridian did respond and the law firm filed suit. This is not a FOIA action because Noridian is not an agency.
Complaint issues: FOIA not mentioned

DefendantNORIDIAN HEALTHCARE SOLUTIONS JE PART A
DefendantUNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantCENTERS FOR MEDICARE & MEDICAID 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

2023-02-171COMPLAINT for Violation of the Freedom of Information Act against NORIDIAN HEALTHCARE SOLUTIONS JE PART A ( Filing fee $ 402 receipt number ADCDC-9871116) filed by WILLKIE FARR & GALLAGHER LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons to Noridian Healthcare)(Reddick, Nicholas) (Entered: 02/17/2023)
2023-02-172LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WILLKIE FARR & GALLAGHER LLP (Reddick, Nicholas) (Entered: 02/17/2023)
2023-02-21Case Assigned to Judge Amy Berman Jackson. (zcb) (Entered: 02/21/2023)
2023-02-213SUMMONS (1) Issued Electronically as to NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Attachments: # 1 Notice and Consent)(zcb) (Entered: 02/21/2023)
2023-02-224REQUEST FOR SUMMONS TO ISSUE as to U.S. Attorney General and U.S. Attorney's Office for D.C. by WILLKIE FARR & GALLAGHER LLP filed by WILLKIE FARR & GALLAGHER LLP.(Reddick, Nicholas) Modified on 2/27/2023 (znmw). Modified on 3/10/2023 (znmw). (Entered: 02/22/2023)
2023-02-27ENTERED IN ERROR.....NOTICE OF ERROR regarding 4 Request for Summons to Issue. Summonses cannot be issued for the U.S. Attorney and U.S. Attorney General; the defendant is not an agency of the United States.(znmw) Modified on 3/10/2023 (znmw). (Entered: 02/27/2023)
2023-03-095RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to NORIDIAN HEALTHCARE SOLUTIONS JE PART A on 2/28/2023. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Reddick, Nicholas) Modified on 3/10/2023 (znmw). (Entered: 03/09/2023)
2023-03-106SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 03/10/2023)
2023-03-207NOTICE of Appearance by Kathryn Bucher on behalf of NORIDIAN HEALTHCARE SOLUTIONS JE PART A (Bucher, Kathryn) (Entered: 03/20/2023)
2023-03-208NOTICE of Appearance by Lukman Segun Azeez on behalf of NORIDIAN HEALTHCARE SOLUTIONS JE PART A (Azeez, Lukman) (Entered: 03/20/2023)
2023-03-289Unopposed MOTION for Extension of Time to File Answer By March 30, 2023 by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Attachments: # 1 Text of Proposed Order)(Bucher, Kathryn) (Entered: 03/28/2023)
2023-03-30MINUTE ORDER granting 9 Motion for Extension of Time to Answer. Defendant must answer or otherwise respond to the 1 complaint by May 1, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/30/2023. (lcabj2) (Entered: 03/30/2023)
2023-05-0110Consent MOTION for Extension of Time to File Answer by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Attachments: # 1 Text of Proposed Order)(Bucher, Kathryn) (Entered: 05/01/2023)
2023-05-02MINUTE ORDER granting 10 Motion for Extension of Time to Answer. Defendant must answer or otherwise respond to the 1 complaint by June 2, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/02/2023. (lcabj2) (Entered: 05/02/2023)
2023-06-0211Second MOTION for Extension of Time to File Answer re 1 Complaint, by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Attachments: # 1 Text of Proposed Order)(Bucher, Kathryn) (Entered: 06/02/2023)
2023-06-06MINUTE ORDER granting 11 Motion for Extension of Time to Answer. Defendant must answer or otherwise respond to the 1 complaint by July 3, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/06/2023. (lcabj2) (Entered: 06/06/2023)
2023-06-1512MOTION to Dismiss by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Bucher, Kathryn) (Entered: 06/15/2023)
2023-06-2913AMENDED COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES filed by WILLKIE FARR & GALLAGHER LLP.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Summons Centers for Medicare & Medicaid Services, # 12 Summons US Attorney DC, # 13 Summons US Attorney General)(Reddick, Nicholas) (Entered: 06/29/2023)
2023-06-3014SUMMONS (1) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES. (znmw) (Entered: 06/30/2023)
2023-06-3015SUMMONS (2) Reissued Electronically as to U.S. Attorney and U.S. Attorney General. (znmw) (Entered: 06/30/2023)
2023-06-30MINUTE ORDER. In light of 13 plaintiff's amended complaint, defendant Noridian Healthcare Solutions, LLC's 12 Motion to Dismiss is DENIED AS MOOT. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/30/2023. (lcabj2) (Entered: 06/30/2023)
2023-07-0716RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 7/3/2023 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Reddick, Nicholas) (Entered: 07/07/2023)
2023-07-1217Consent MOTION for Extension of Time to File Answer re 13 Amended Complaint, by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Bucher, Kathryn) (Entered: 07/12/2023)
2023-07-14MINUTE ORDER granting 17 Motion for Extension of Time to Answer. Defendant Noridian Healthcare Solutions, LLC must answer or otherwise respond to the 13 amended complaint by August 2, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/14/2023. (lcabj2) (Entered: 07/14/2023)
2023-07-3118MOTION for Extension of Time to Answer or Otherwise Respond to Amended Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/31/2023)
2023-08-0119Consent MOTION for Extension of Time to File Answer re 13 Amended Complaint, by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Bucher, Kathryn) (Entered: 08/01/2023)
2023-08-0220RESPONSE re 18 MOTION for Extension of Time to Answer or Otherwise Respond to Amended Complaint filed by WILLKIE FARR & GALLAGHER LLP.. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Reddick, Nicholas) (Entered: 08/02/2023)
2023-08-03MINUTE ORDER. Upon consideration of both the 18 Motion for Extension of Time to Answer and plaintiff's objection, the 18 Motion is GRANTED. Defendant Centers for Medicare & Medicaid Services must answer or otherwise respond to the 13 amended complaint by August 31, 2023. The Court encourages the agency to confer with plaintiff (and vice versa) in the future as disputes with indignant pleadings and attachments -- over minor matters such as these are a waste of the parties' and Court's resources. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/03/2023. (lcabj2) Modified on 8/4/2023 (jth). (Entered: 08/03/2023)
2023-08-03MINUTE ORDER granting 19 Motion for Extension of Time to Answer. Defendant Noridian Healthcare Solutions, LLC must answer or otherwise respond to the 13 amended complaint by August 17, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/03/2023. (lcabj2) (Entered: 08/03/2023)
2023-08-1121Consent MOTION for Extension of Time to File Answer re 13 Amended Complaint, by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Bucher, Kathryn) (Entered: 08/11/2023)
2023-08-14MINUTE ORDER granting 21 Motion for Extension of Time to Answer. Defendant Noridian Healthcare Solutions, LLC must answer or otherwise respond to the 13 amended complaint by August 31, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/14/2023. (lcabj2) (Entered: 08/14/2023)
2023-08-3022ANSWER to 13 Amended Complaint, by CENTERS FOR MEDICARE & MEDICAID SERVICES.(Simon, Jeremy) (Entered: 08/30/2023)
2023-08-3023MOTION to Dismiss or, in the Alternative , MOTION for Summary Judgment by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Attachments: # 1 Memorandum in Support)(Azeez, Lukman) (Entered: 08/30/2023)
2023-08-3124NOTICE of Proposed Order by NORIDIAN HEALTHCARE SOLUTIONS JE PART A re 23 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment (Attachments: # 1 Text of Proposed Order)(Azeez, Lukman) (Entered: 08/31/2023)
2023-09-0125ORDER. Before the Court in this FOIA case are a complaint and an answer from defendant Centers for Medicare & Medicaid Services ("CMS"). The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. CMS shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before September 29, 2023. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/01/2023. (lcabj2) (Entered: 09/01/2023)
2023-09-0826Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment by WILLKIE FARR & GALLAGHER LLP.. (Reddick, Nicholas) (Entered: 09/08/2023)
2023-09-12MINUTE ORDER granting 26 Motion for Extension of Time to File Response. Plaintiff must respond to the 23 motion to dismiss by September 27, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/12/2023. (lcabj2) (Entered: 09/12/2023)
2023-09-1327MOTION for Leave to File by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Azeez, Lukman) (Entered: 09/13/2023)
2023-09-1828AMENDED ANSWER to 13 Amended Complaint, Amended Answer to First Amended Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Attachments: # 1 Redline Comparing Amended Answer to Original Answer)(Simon, Jeremy) Modified event title on 9/19/2023 (znmw). (Entered: 09/18/2023)
2023-09-19MINUTE ORDER granting 27 Motion for Leave to File. The Clerk of Court is directed to file defendant Noridian's [27-1] statement of undisputed material facts on the docket. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/19/2023. (lcabj2) (Entered: 09/19/2023)
2023-09-1931SUPPLEMENTAL MEMORANDUM (Statement of Undisputed Material Facts) to re 23 MOTION for Summary Judgment filed by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (znmw) (Entered: 10/03/2023)
2023-09-2229Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment by WILLKIE FARR & GALLAGHER LLP.. (Reddick, Nicholas) (Entered: 09/22/2023)
2023-09-26MINUTE ORDER granting 29 Motion for Extension of Time to File Response. Plaintiff must respond to the 23 motion to dismiss by October 6, 2023. The motion was filed in this case on Friday evening at 6:00 p.m. The Court assures counsel that it tracks filings on its docket closely, and that absent some exigent circumstance that was not present here, it is not necessary or appropriate to place calls to both chambers and the very busy Clerk's Office to nudge them about a recently filed motion. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/26/2023. (lcabj2) (Entered: 09/26/2023)
2023-09-2930STATUS REPORT (Defendant CMS's Status Report) by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Simon, Jeremy) (Entered: 09/29/2023)
2023-10-03MINUTE ORDER. In light of the 30 status report filed by defendant Centers for Medicare and Medicaid Services ("CMS"), it is ORDERED that CMS must file another status report by December 1, 2023. Signed by Judge Amy Berman Jackson on 10/03/2023. (lcabj2) (Entered: 10/03/2023)
2023-10-0632Memorandum in opposition to re 23 Motion to Dismiss, Motion for Summary Judgment filed by WILLKIE FARR & GALLAGHER LLP.. (Attachments: # 1 Text of Proposed Order)(Reddick, Nicholas) (Entered: 10/06/2023)
2023-10-0633RESPONSE re 27 MOTION for Leave to File Statement of Undisputed Material Facts filed by WILLKIE FARR & GALLAGHER LLP.. (Reddick, Nicholas) (Entered: 10/06/2023)
2023-10-0634DECLARATION of Nicholas Reddick in Support by WILLKIE FARR & GALLAGHER LLP. re 32 Memorandum in Opposition. (Attachments: # 1 Exhibit - A, # 2 Exhibit - B, # 3 Exhibit - C, # 4 Exhibit - D)(Reddick, Nicholas) (Entered: 10/06/2023)
2023-10-1035Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Bucher, Kathryn) (Entered: 10/10/2023)
2023-10-11MINUTE ORDER granting 35 Unopposed Motion for Extension of Time to File Reply re 23 Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. Defendant Noridian's reply is due by October 27, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/11/2023. (lcabj2) Modified to correct filing and due date on 10/13/2023 (nbn). (Entered: 10/11/2023)
2023-10-11Set/Reset Deadlines: Responses due by 10/27/2023. Replies due by 11/3/2023. (nbn) (Entered: 10/12/2023)
2023-10-2736RESPONSE re 32 Memorandum in Opposition (Defendant CMS's Response to Plaintiff's Opposition to Noridian Healthcare Solutions Dispositive Motion) filed by CENTERS FOR MEDICARE & MEDICAID SERVICES. (Simon, Jeremy) (Entered: 10/27/2023)
2023-10-2737REPLY to opposition to motion re 23 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment filed by NORIDIAN HEALTHCARE SOLUTIONS JE PART A. (Azeez, Lukman) (Entered: 10/27/2023)
2023-12-0138STATUS REPORT (Defendant CMS's Status Report) by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES. (Simon, Jeremy) (Entered: 12/01/2023)
2023-12-04MINUTE ORDER. In light of the 38 status report, defendant Centers for Medicare and Medicaid Service must file another status report by February 1, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/4/2023. (lcabj2) (Entered: 12/04/2023)
2024-02-0139STATUS REPORT (Defendant CMS's Status Report) by UNITED STATES CENTERS FOR MEDICARE & MEDICAID SERVICES. (Simon, Jeremy) (Entered: 02/01/2024)
2024-02-02MINUTE ORDER. In light of the 39 status report, defendant Centers for Medicare and Medicaid Service must file another status report by April 1, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/2/2024. (lcabj2) (Entered: 02/02/2024)
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