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Case TitleVietnam Veterans of America Connecticut Greater Hartford Chapter 120 et al v. Defense et al
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2011cv02009
Date Filed2011-12-27
Date Closed2014-11-19
JudgeJudge Alvin W. Thompson
PlaintiffVietnam Veterans of America Connecticut Greater Hartford Chapter 120
PlaintiffVietnam Veterans of America
PlaintiffVietnam Veterans of America Southern Connecticut Chapter 251
PlaintiffVietnam Veterans of America Connecticut Chapter 270
PlaintiffVietnam Veterans of America Connecticut State Council
DefendantUS Dept of Defense
DefendantUnited States Department of Defense
TERMINATED: 11/19/2014
DefendantUS Department of Homeland Security
DefendantUnited States Department of Homeland Security
TERMINATED: 12/12/2012
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [40]
FOIA Project Annotation: In a previous decision in the case, the court rejected the Defense Department's claim that Vietnam Veterans had failed to exhaust administrative remedies because they had not appealed the agency's letter indicating their request would be unduly burdensome and would require payment of significant fees. The court noted that "while the letter seems to indicate that the DOD might be willing to release certain of the requested document in the future, it did not provide a final determination of the issue. Second, the letter did not advise the plaintiffs of their right to appeal." The court added that "to the extent the letter is construed to request that the plaintiffs respond after they reviewed the released documents, such a request is not contemplated by the statute. The statute only provides for tolling the statutory period if the agency requests more information from the requester or communicates with the requester to clarify issues regarding fee assessment."
Issues: Litigation - Jurisdiction - Failure to Exhaust, Litigation
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-12-271COMPLAINT against All Defendants ( Filing fee $350 receipt number 0205-2349678.), filed by Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut, Vietnam Veterans of America Southern Connecticut Chapter 251, Vietnam Veterans of America, Vietnam Veterans of America Connecticut State Council. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Wishnie, Michael) (Entered: 12/27/2011)
2011-12-272ENTERED IN ERROR- MOTION to accept case as related re 1 Complaint, by Vietnam Veterans of America, Vietnam Veterans of America Connecticut, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251.Responses due by 1/17/2012 (Wishnie, Michael) Modified on 12/28/2011 (Torres, K.). (Entered: 12/27/2011)
2011-12-27Judge Warren W. Eginton added. (Oliver, T.) (Entered: 12/28/2011)
2011-12-283Order on Pretrial Deadlines: Motions to Dismiss due on 3/28/2012. Amended Pleadings due by 2/26/2012; Discovery due by 6/28/2012; Dispositive Motions due by 7/28/2012. Signed by Clerk on 12/28/2011. (Candee, D.) (Entered: 12/28/2011)
2011-12-284ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Warren W. Eginton on 12/28/2011. (Candee, D.) (Entered: 12/28/2011)
2011-12-285NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 3 Order on Pretrial Deadlines, 4 Electronic Filing Order, 1 Complaint, filed by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Southern Connecticut Chapter 251, Vietnam Veterans of America Connecticut State Council. Signed by Judge Warren W. Eginton on 12/28/2011. (Candee, D.) (Entered: 12/28/2011)
2011-12-29Request for Clerk to issue summons as to All Defendants. (Wishnie, Michael) (Entered: 12/29/2011)
2011-12-306ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *US Dept of Defense, US Department of Homeland Security* with answer to complaint due within *60* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School* *New Haven, CT 06511*. (Candee, D.) (Entered: 12/30/2011)
2012-01-237NOTICE of Appearance by Nitin Shah on behalf of US Dept of Defense, US Department of Homeland Security (Shah, Nitin) (Entered: 01/23/2012)
2012-01-238First MOTION for Extension of Time until February 17, 2012 to respond to Complaint by US Dept of Defense, US Department of Homeland Security. (Shah, Nitin) (Entered: 01/23/2012)
2012-01-249ORDER granting 8 First MOTION for Extension of Time until February 17, 2012 to respond to Complaint. Signed by Judge Warren W. Eginton on 1/24/12. (Ladd-Smith, I.) (Entered: 01/24/2012)
2012-01-24Answer deadline updated for US Dept of Defense to 2/17/2012; US Department of Homeland Security to 2/17/2012. (Lewis, D) (Entered: 01/26/2012)
2012-01-2610AFFIDAVIT of Service for Summons and Complaint served on United States Department of Defense; United States Department of Homeland Security; Attorney General of the United States; and the U.S. Attorneys Office for the District of Connecticut on December 31, 2011, filed by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251. (Wishnie, Michael) (Entered: 01/26/2012)
2012-02-1711First MOTION to Dismiss by US Dept of Defense, US Department of Homeland Security.Responses due by 3/9/2012 (Attachments: # 1 Memorandum in Support, # 2 Attachment A, # 3 Attachment B)(Shah, Nitin) (Entered: 02/17/2012)
2012-02-2112ENTERED IN ERROR: First MOTION for Extension of Time to File Response/Reply Memorandum as to 11 First MOTION to Dismiss until 04/21/2012 by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251. (Wishnie, Michael) Modified on 2/22/2012 (Pesta, J.).PDF incorrect, filer called and will file amended document (Entered: 02/21/2012)
2012-02-2213First MOTION to Consolidate Cases. Case to be consolidated with 3:10-cv-1972-AWT ("VVA I") by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251.Responses due by 3/14/2012 (Attachments: # 1 Exhibit A: Instructions for Electronic Filing in the District of Connecticut, # 2 Exhibit B: Letter Requesting Relation of Cases)(Wishnie, Michael). Added MOTION to Transfer this case to Chief Judge Thompson, on 2/23/2012 (Torrenti, R.). Modified text on 2/23/2012 (Torrenti, R.). (Entered: 02/22/2012)
2012-02-2214Amended MOTION for Extension of Time to File Response/Reply Memorandum as to 11 First MOTION to Dismiss until 04/21/2012 by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251. (Wishnie, Michael) (Entered: 02/22/2012)
2012-02-2215ORDER granting 14 MOTION for Extension of Time to File Response to 11 First MOTION to Dismiss until April 21, 2012. Signed by Judge Warren W. Eginton on 2/22/12. (Ladd-Smith, I.) (Entered: 02/22/2012)
2012-02-22Reset Deadlines as to 11 First MOTION to Dismiss. Responses due by 4/21/2012 (Candee, D.) (Entered: 02/24/2012)
2012-03-1416First RESPONSE re 13 First MOTION to Consolidate Cases. Case to be consolidated with 3:10-cv-1972-AWT ("VVA I") MOTION to Transfer this case to Chief Judge ThompsonFirst MOTION to Consolidate Cases. Case to be consolidated with 3:10-cv-1972-AWT ("VVA I") First MOTION to Consolidate Cases. Case to be consolidated with 3:10-cv-1972-AWT ("VVA I") filed by US Dept of Defense, US Department of Homeland Security. (Shah, Nitin) (Entered: 03/14/2012)
2012-04-2017Memorandum in Opposition re 11 First MOTION to Dismiss filed by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251. (Attachments: # 1 Affidavit Declaration of Melissa S. Ader, # 2 Certificate of Service)(Wishnie, Michael) (Entered: 04/20/2012)
2012-04-2718MOTION for Hearing re 17 Memorandum in Opposition to 11 Motion to Dismiss, by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251. (Wishnie, Michael) Modified on 4/30/2012 to add link. (Torrenti, R.). (Entered: 04/27/2012)
2012-04-3019REPLY to Response to 11 First MOTION to Dismiss filed by US Dept of Defense, US Department of Homeland Security. (Shah, Nitin) (Entered: 04/30/2012)
2012-05-1820ORDER finding as moot 13 Motion to Consolidate Cases; granting 13 Motion to Transfer this case to Chief Judge Thompson so that he can consolidate it with a previously-filed and substantially similar case now pending before Judge Thompson (No. 3:10-cv-1972-AWT). Signed by Judge Warren W. Eginton on 5/18/12. (Ladd-Smith, I.) (Entered: 05/18/2012)
2012-05-1821ORDER OF TRANSFER. Case reassigned to Judge Alvin W. Thompson for all further proceedings. Signed by Judge Warren W. Eginton on 5/18/2012. (Oliver, T.) (Entered: 05/21/2012)
2012-07-0222NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. TELEPHONIC Status Conference set for 8/7/2012 02:00 PM in South Courtroom, 450 Main St., Hartford, CT before Judge Alvin W. Thompson. Plaintiff's counsel shall call chambers at 860-240-3224 with all parties on the line. It is so ordered.(Atmeh, S) (Entered: 07/02/2012)
2012-08-0723MOTION for Leave to Appear Motion for Leave for Law Student Interns to Appear by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251. (Attachments: # 1 Exhibit Law Student Intern Appearance)(Wishnie, Michael) (Entered: 08/07/2012)
2012-08-0724Minute Entry for proceedings held before Judge Alvin W. Thompson: Telephonic Status Conference held on 8/7/2012 where consolidation was discussed as well as hearing scheduling for other pending motions. Duration: 20 minutes. (Court Reporter D. Huntington.) (Atmeh, S) (Entered: 08/07/2012)
2012-08-2025ORDER: Motion for Leave for Law Student Interns to Appear (Doc. No. 23 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 8/20/2012. (Gallagher, Robyn) (Entered: 08/20/2012)
2012-09-2426NOTICE by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251 of Intent to Settle (Wishnie, Michael) (Entered: 09/24/2012)
2012-10-2527NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference/Hearing set for 12/14/2012 between the hours of 12:00 PM in the South Courtroom, 450 Main Street, Hartford, CT before Judge Alvin W. Thompson. The court will confirm the time at a later date. (Smith, S.) (Entered: 10/25/2012)
2012-11-2028NOTICE of Appearance by Benjamin L Berwick on behalf of US Dept of Defense, Department of Homeland Security Substitution of Counsel (Berwick, Benjamin) (Entered: 11/20/2012)
2012-12-0229PROPOSED ORDER Proposed Stipulation and Order for Partial Settlement and Dismissal by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251. (Wishnie, Michael) (Entered: 12/02/2012)
2012-12-0330ORDER: Plaintiff's Motion for Hearing (Doc. No. 18 ) is hereby GRANTED. A calendar outlining the time and location will follow. It is so ordered. Signed by Judge Alvin W. Thompson on 12/3/2012. (Sykes, J.) (Entered: 12/03/2012)
2012-12-0331NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Oral Argument on Motion set for 12/14/2012 at 3:00 PM in South Courtroom, 450 Main St., Hartford, CT before Judge Alvin W. Thompson. (Sykes, J.) Modified on 12/4/2012 to correct the date (Smith, S.). (Entered: 12/03/2012)
2012-12-0432Docket Entry Correction re 31 Calendar Entry: the date for oral argument in this case, and case no. 10CV1972, Vietnam Veterans, et al. v. Department of Defense, is December 14, 2012 at 3:00pm. (Smith, S.) (Entered: 12/04/2012)
2012-12-0633NOTICE of Appearance by Fiona Mary Doherty on behalf of Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251 (Doherty, Fiona) (Entered: 12/06/2012)
2012-12-0734MOTION Motion for Leave for Law Student Interns to Appear by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251.Responses due by 12/28/2012 (Attachments: # 1 Exhibit Law Student Intern Appearance)(Wishnie, Michael) (Entered: 12/07/2012)
2012-12-1235ORDER. Signed by Judge Alvin W. Thompson on 12/11/12. (Ferguson, L.) (Entered: 12/12/2012)
2012-12-1436ORAL MOTION for Nitin Shah to Withdraw as Attorney, made US Dept of Defense. (Smith, S.) (Entered: 12/18/2012)
2012-12-1437Minute Entry. Proceedings held before Judge Alvin W. Thompson: Motion Hearing held on 12/14/12. Motion for Law Students to Appear 34 GRANTED. Oral Motion for Nitin Shah to withdraw 36 as attorney GRANTED. Attorney Nitin Shah terminated. Motion to Dismiss 11 taken under advisement. Total Time: 2 hours and 15 minutes(Court Reporter Huntington)(Smith, S.) (Entered: 12/18/2012)
2013-04-0838NOTICE re 11 First MOTION to Dismiss by Vietnam Veterans of America, Vietnam Veterans of America Connecticut Chapter 270, Vietnam Veterans of America Connecticut Greater Hartford Chapter 120, Vietnam Veterans of America Connecticut State Council, Vietnam Veterans of America Southern Connecticut Chapter 251 of Supplemental Authority (Attachments: # 1 Supplement)(Doherty, Fiona) Modified on 4/11/2013 to create link to Doc. No. 11. (Ferguson, L.). (Entered: 04/08/2013)
2013-04-1939NOTICE by US Dept of Defense re 38 Notice (Other), Response to Notice of Supplemental Authority (Berwick, Benjamin) (Entered: 04/19/2013)
2014-03-2840ORDER: The Motion to Dismiss (Doc. No. 11 ) is hereby DENIED. It is so ordered. Signed by Judge Alvin W. Thompson on 03/28/2014. (Bowers, J.) (Entered: 03/28/2014)
2014-04-1141ANSWER to 1 Complaint, by US Dept of Defense.(Berwick, Benjamin) (Entered: 04/11/2014)
2014-05-0242ORDER REFERRING CASE to PJO James R. Hawkins II, ParaJudicial Officer, for Status Conference. It is so ordered. Signed by Judge Alvin W. Thompson on 5/2/14.(Smith, S.) (Entered: 05/02/2014)
2014-05-0243NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 5/9/2014 at 03:00 PM, 450 Main St., Hartford, CT before James R. Hawkins II, ParaJudicial Officer. Counsel should report to the South Chambers, Suite 240, for room assignment. (Smith, S.) (Entered: 05/02/2014)
2014-05-0644NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 5/9/2014 Status Conference set for 5/28/2014 at 1:00 PM, 450 Main St., Hartford, CT before James R. Hawkins II, ParaJudicial Officer. Counsel should report to the South Chambers, Suite 240, for room assignment. (Bowers, J.) (Entered: 05/06/2014)
2014-05-0845NOTICE of Appearance by Lisa E. Perkins on behalf of US Dept of Defense, Department of Homeland Security (Perkins, Lisa) (Entered: 05/08/2014)
2014-05-2946NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status and Settlement Conference set for 6/24/2014 at 11:00 AM, 450 Main St., Hartford, CT before James R. Hawkins II, ParaJudicial Officer. Counsel should report to the South Chambers, Suite 240, for room assignment. (Smith, S.) (Entered: 05/29/2014)
2014-06-2347NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 6/24/2014 Status and Settlement Conference set for 7/8/2014 at 11:00 AM, 450 Main Street, Hartford, CT before James R. Hawkins II, ParaJudicial Officer. Counsel should report to the South Chambers, Suite 240, for room assignment. (Bowers, J.) (Entered: 06/23/2014)
2014-07-0748NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 7/8/2014 Status and Settlement Conference set for 8/6/2014 at 11:00 AM, 450 Main Street, Hartford, CT before James R. Hawkins II, ParaJudicial Officer. Counsel should report to the South Chambers, Suite 240, for room assignment. (Bowers, J.) (Entered: 07/07/2014)
2014-08-0649Minute Entry for proceedings held before Parajudicial Officer James R. Hawkins II: Settlement Conference held on 8/6/2014. Counsel of record were present for both sides. The case was settled. The parties will prepare a settlement agreement and will have a follow-up telephone conversation with PJO Hawkins on 8/15/2014 at 11:00 AM. (Duration: 1 hour) (Bowers, J.) (Entered: 08/08/2014)
2014-08-1250NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE.Telephonic Status & Continued Settlement Conference set for 8/15/2014 at 11:00 AM before James R. Hawkins II, ParaJudicial Officer. Counsel shall make arrangements for this conference call. (Smith, S.) (Entered: 08/12/2014)
2014-08-1551Minute Entry for proceedings held before Parajudicial Officer James R. Hawkins II: Telephonic Status Conference held on 8/15/2014. Counsel of record participated in the call. Information was exchanged. The parties agreed to have a further telephone conference call with Parajudicial Officer Hawkins regarding the settlement terms on September 3, 2014 at 2:00 p.m. (Duration: 25 minutes) (Bowers, J.) (Entered: 08/18/2014)
2014-08-1852NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. Telephonic Status & Continued Settlement Conference set for 9/3/2014 at 2:00 PM before Parajudicial Officer James R. Hawkins II. Counsel shall make arrangements for this conference call. (Bowers, J.) (Entered: 08/18/2014)
2014-11-1953ORDER: The plaintiffs' claims against defendant United States Department of Defense are hereby DISMISSED with prejudice as of the date of this order. The court shall maintain jurisdiction of this matter solely to monitor the parties' compliance with the terms of this order. The Clerk shall close this case. It is so ordered. Signed by Judge Alvin W. Thompson on 11/19/2014. (Koehler, S) (Entered: 11/19/2014)
2014-11-19JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Ferguson, L.) (Entered: 11/21/2014)
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