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Case TitleSTATE OF FLORIDA et al v. U S DEPARTMENT OF HEALTH & HUMAN SERVICES et al
DistrictNorthern District of Florida
CityPensacola
Case Number3:2023cv24758
Date Filed2023-12-18
Date Closed2025-01-16
JudgeJUDGE T KENT WETHERELL II
PlaintiffFLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
PlaintiffFLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION
PlaintiffSTATE OF FLORIDA
Case DescriptionThe Florida Agency for Health Care Administration and the Florida Department of Children and Families submitted a FOIA request to the Department of Health and Human Services for records concerning communications between the agency and Florida Health Justice Project and the National Health Law Program regarding the subject matter of litigation against the state agencies challenging Medicaid redeterminations of recipient eligibility. The state agencies submitted a second FOIA request to the Centers for Medicare and Medicaid Services for similar records. The state agencies also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. HHS responded to the request by locating 276 responsive pages but withholding them all under Exemption 5 (privileges). The state agencies filed an administrative appeal. CMS also responded to the second request, indicating that responsive records would require redaction. After hearing nothing further from the agencies, the state agencies filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU S DEPARTMENT OF HEALTH & HUMAN SERVICES
DefendantU S 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
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-191COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ( Filing fee $ 405 receipt number AFLNDC-8405489.), filed by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Civil Cover Sheet) (TORRES, CHRISTOPHER) (Entered: 12/19/2023)
2023-12-202DOCKET ANNOTATION BY COURT: The clerk will issue summons upon submission. You may obtain the 2 page summons form by visiting our website @ www.flnd.uscourts.gov. Click on Forms & Publications; national court forms; AO 440 Summons in a Civil Action. (mb) (Entered: 12/20/2023)
2023-12-203NOTICE Summons to be issued by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION re 1 Complaint,, (TORRES, CHRISTOPHER) (Entered: 12/20/2023)
2023-12-204NOTICE Summons to be issued by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION re 1 Complaint,, (TORRES, CHRISTOPHER) (Entered: 12/20/2023)
2023-12-205NOTICE Summons to be issued by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION re 1 Complaint,, (TORRES, CHRISTOPHER) (Entered: 12/20/2023)
2023-12-206NOTICE Summons to be issued by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION re 1 Complaint,, (TORRES, CHRISTOPHER) (Entered: 12/20/2023)
2023-12-217Summons Issued as to FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, U S CENTERS FOR MEDICARE & MEDICAID SERVICES, U S DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 US DEPT OF HEALTH & HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID, # 2 US ATTY GENERAL, # 3 AUSA J. COODY) (alb) (Entered: 12/21/2023)
2024-02-078NOTICE of Proof of Service by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION (Attachments: # 1 Exhibit Affidavit) (TORRES, CHRISTOPHER) (Entered: 02/07/2024)
2024-02-209ANSWER to 1 Complaint,, by U S CENTERS FOR MEDICARE & MEDICAID SERVICES, U S DEPARTMENT OF HEALTH & HUMAN SERVICES. (COUCH, MARY ANN) (Entered: 02/20/2024)
2024-02-21ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 9 Answer to Complaint (please see proposed ISO). (mb) (Entered: 02/21/2024)
2024-02-2110INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/6/2024 . Rule 26 Meeting Report due by 4/5/2024 . Discovery due by 6/19/2024 . Signed by JUDGE T KENT WETHERELL II on 2/21/2024. (mb) (Entered: 02/21/2024)
2024-03-1911REPORT of Rule 26(f) Planning Meeting. (COUCH, MARY ANN) (Entered: 03/19/2024)
2024-03-1912FINAL SCHEDULING ORDER re 11 Joint REPORT. The deadlines proposed by the parties for amending the pleadings and joining additional parties (May 10, 2024 , for Plaintiffs, and June 10, 2024 , for Defendants are adopted by the Court. Status Report due by 4/1/2024 . Signed by JUDGE T KENT WETHERELL II on 3/19/2024. (mb) (Entered: 03/19/2024)
2024-04-0113STATUS REPORT by U S CENTERS FOR MEDICARE & MEDICAID SERVICES, U S DEPARTMENT OF HEALTH & HUMAN SERVICES. (COUCH, MARY ANN) (Entered: 04/01/2024)
2024-04-02ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 13 JOINT Status Report. (mb) (Entered: 04/02/2024)
2024-05-3114NOTICE of Appearance by GLENN WALLACE RININGER, III on behalf of FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION (RININGER, GLENN) (Entered: 05/31/2024)
2024-05-3115NOTICE of Appearance by GLENN WALLACE RININGER, III on behalf of FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION (RININGER, GLENN) (Entered: 05/31/2024)
2024-05-3116MOTION to Withdraw as Counsel by FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION. (TORRES, CHRISTOPHER) (Entered: 05/31/2024)
2024-05-31ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 16 MOTION to Withdraw as Counsel (mb) (Entered: 05/31/2024)
2024-05-3117STATUS REPORT (JOINT) by U S CENTERS FOR MEDICARE & MEDICAID SERVICES, U S DEPARTMENT OF HEALTH & HUMAN SERVICES. (COUCH, MARY ANN) (Entered: 05/31/2024)
2024-06-03Set Deadlines re 17 STATUS REPORT. (Notify Chambers on 7/30/2024 ). (mb) (Entered: 06/03/2024)
2024-06-0318ORDER re 16 Motion to Withdraw as counsel for Plaintiff, AGENCY FOR HEALTH CARE ADMINISTRATION. That the motion is GRANTED, and attorney Christopher C. Torres shall have no further obligation to represent AHCA in this case. The Clerk shall terminate Mr. Torres as counsel of record for AHCA in CM/ECF. Signed by JUDGE T KENT WETHERELL II on 6/3/2024. (mb) (Entered: 06/03/2024)
2024-07-3119STATUS REPORT Joint Status Report by U S CENTERS FOR MEDICARE & MEDICAID SERVICES, U S DEPARTMENT OF HEALTH & HUMAN SERVICES. (COUCH, MARY ANN) (Entered: 07/31/2024)
2024-09-3020STATUS REPORT (Joint) by U S DEPARTMENT OF HEALTH & HUMAN SERVICES. (COUCH, MARY ANN) (Entered: 09/30/2024)
2024-10-0121ORDER re 20 Parties' Joint Status Report. That the parties shall file a status report 21 days from the date of this Order indicating whether additional judicial action is needed in this case and, if so, the parties shall propose a schedule for filing and briefing cross-motions for summary judgment. See Doc. 12 at 5. (Status Report due by 10/22/2024 .) Signed by JUDGE T KENT WETHERELL II on 10/1/2024. (mb) (Entered: 10/01/2024)
2024-10-2222STATUS REPORT (Joint) by U S DEPARTMENT OF HEALTH & HUMAN SERVICES, U S CENTERS FOR MEDICARE & MEDICAID SERVICES. (COUCH, MARY ANN) (Entered: 10/22/2024)
2024-10-2323ORDER PLACING CASE IN ABEYANCE re 22 Parties' JOINT Status Report. This case is placed in abeyance while the parties engage in settlement discussions. The parties shall file a joint status report 30 days from the date of this Order (and every 30 days thereafter) indicating whether any further judicial action is needed in the case and, if so, proposing a schedule for filing and briefing cross-motions for summary judgment. Signed by JUDGE T KENT WETHERELL II on 10/23/2024. (mb) (Entered: 10/23/2024)
2024-10-23Set Deadlines re 23 ORDER: (Status Report due by 11/22/2024 , and every 30 days thereafter). (mb) (Entered: 10/23/2024)
2024-11-2224STATUS REPORT Joint Status Report by U S DEPARTMENT OF HEALTH & HUMAN SERVICES, U S CENTERS FOR MEDICARE & MEDICAID SERVICES. (COUCH, MARY ANN) (Entered: 11/22/2024)
2024-11-25Set Deadlines/Hearings re 23 Order. Status Report due by 12/23/2024 . (alb) (Entered: 11/25/2024)
2024-12-31ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 23 Order. Status Report due by 12/23/2024. (Status REPORT not filed). (mb) (Entered: 12/31/2024)
2025-01-0225STATUS REPORT of All Parties by STATE OF FLORIDA. (CHRISTMAS, NATALIE) (Entered: 01/02/2025)
2025-01-02ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 25 Status Report filed. (mb) (Entered: 01/02/2025)
2025-01-1526STIPULATION of Dismissal by U S DEPARTMENT OF HEALTH & HUMAN SERVICES, U S CENTERS FOR MEDICARE & MEDICAID SERVICES. (COUCH, MARY ANN) (Entered: 01/15/2025)
2025-01-16ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 26 Stipulation of Dismissal (mb) (Entered: 01/16/2025)
2025-01-1627ORDER OF DISMISSAL re 26 Parties' Stipulation of Dismissal. That this case is dismissed with prejudice under Fed. R. Civ. P. 41(a)(1)(A)(ii) and the Clerk shall close the case file. Signed by JUDGE T KENT WETHERELL II on 1/16/2025. (mb) (Entered: 01/16/2025)
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