Consumers Council of Mo. v. HHS, No. 14-1682, 2015 WL 4876150 (E.D. Mo. Aug. 14, 2015) (Hamilton, J.)

Consumers Council of Mo. v. HHS, No. 14-1682, 2015 WL 4876150 (E.D. Mo. Aug. 14, 2015) (Hamilton, J.)

Re: Request for certain insurer information maintained by Centers for Medicare & Medicaid Services

Disposition: Denying plaintiff's motion for attorney fees

• Attorney Fees, Eligibility:  "[T]he Court finds Plaintiff has failed to show that its suit was reasonably necessary, and had a substantive causative effect on the production of the requested information."  The court explains that its "review of the record reveals Defendant did not voluntarily or unilaterally change its position in response to this lawsuit."  Additionally, the court finds that "throughout this litigation HHS consistently acknowledged its obligation to provide the materials, and did in fact provide the materials upon completion of its search and determination as to which documents should be disclosed."  The court also notes that "[p]laintiff filed its lawsuit . . . only five weeks after Defendant acknowledged receipt of its initial FOIA request."  "'Under these circumstances [Plaintiff's] suit was premature and thus not reasonably necessary.'"