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

Last Update: October 22, 2010

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. On plaintiffs' objection to the magistrate judge's report and recommendation, the district judge agreed with the magistrate judge and entered judgment for the defendant on December 18, 2009. Plaintiffs did not appeal.


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