FLEMING v. MEDICARE FREEDOM OF INFORMATION GROUP et al

Filing 186

ORDER ADOPTING 184 REPORT AND RECOMMENDATION. Signed by Judge Emmet G. Sullivan on 6/13/2019. (lcegs2)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RHONDA FLEMING,
Plaintiff,
v.

Civil Action No. 15-1135 (EGS)

MEDICARE FREEDOM OF
INFORMATION GROUP, et al.,
Defendants.
ORDER
On October 13, 2015, the Court referred this case for full
case management to a randomly assigned magistrate judge. See
Min. Order (10/13/2015). Magistrate Judge G. Michael Harvey
issued a Report and Recommendation (“R&R”) on the parties’
cross-motions for summary judgment on April 4, 2019. See R&R,
ECF No. 184. The Court has carefully reviewed the R&R and,
having received no objections to the R&R pursuant to Local Civil
Rule 72.3(b), accepts the findings and adopts the
recommendations of Magistrate Judge Harvey contained in the R&R.
Accordingly, it is hereby
ORDERED that defendants’ renewed motion for summary
judgment is DENIED; and it is further
ORDERED that plaintiff’s cross-motion for summary judgment
is DENIED; and it is further

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ORDERED that defendants shall file by no later than July
29, 2019 a renewed motion for summary judgment addressing the
two deficiencies identified in the R&R, which are: Defendants’
failure to show: (1) that the Department of Justice lacks
custody or control over Assistant United States Attorney Albert
Balboni’s personnel records that are held at the National
Personnel Records Center: and (2) that the Centers for Medicare
and Medicaid Services properly invoked Exemption 6 over the
information redacted from the records it recently produced to
plaintiff.
SO ORDERED.
Signed:

Emmet G. Sullivan
United States District Judge
June 13, 2019

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