No. 09-cv-76-CKJ (D. Ariz.), filed February 6, 2009

Updated: September 22, 2009

Issue: Whether the defendant's failure to respond to a request for documents about the number of attorneys against whom CMS has taken action to recover conditional payments under its MSP program violates the Freedom of Information Act.

Relief Sought: Declaratory and injunctive relief requiring the defendant to disclose the requested documents.

Status: Defendant provided all the documents to which it considered plaintiffs entitled.  The magistrate judge then recommended that defendant's motion for summary judgment be granted and that plaintiffs' motion be denied, on the ground that the matter was moot.  She also recommended that plaintiffs not be awarded fees on the ground that defendant had begun to take action in response to the FOIA request before the complaint was filed.  Plaintiffs have filed objections to the magistrate judge's recommendations.