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Case TitleC-123 VETERANS ASSOCIATION et al v. US DEPARTMENT OF VETERANS AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00519
Date Filed2014-03-27
Date Closed2016-04-11
JudgeJudge Gladys Kessler
PlaintiffC-123 VETERANS ASSOCIATION
PlaintiffMAJOR WESLEY T. CARTER
Case DescriptionC-123 Veterans Association submitted a FOIA request to the Department of Veterans Affairs concerning its policies on secondary exposure to Agent Orange. The agency acknowledged receipt of the request, but after hearing nothing, the Association submitted an administrative appeal. The agency indicated that it had searched its records but found nothing responsive to the request. Believing that VA had misinterpreted its request, the Association filed another appeal, but finally filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF VETERANS AFFAIRS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-271COMPLAINT against US DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number 0090-3666892) filed by WESLEY T. CARTER, THE C-123 VETERANS ASSOCIATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Appendix A, # 6 Appendix B, # 7 Appendix C, # 8 Appendix D, # 9 Appendix E)(Ratner, Micah) (Entered: 03/27/2014)
2014-03-272NOTICE of Appearance by Ronald G. London on behalf of All Plaintiffs (London, Ronald) (Entered: 03/27/2014)
2014-03-273NOTICE of Appearance by Micah J. Ratner on behalf of All Plaintiffs (Ratner, Micah) (Entered: 03/27/2014)
2014-03-274NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:14-cv-00521. (Ratner, Micah) (Entered: 03/27/2014)
2014-03-27Case Assigned to Judge Gladys Kessler. (sth, ) (Entered: 03/28/2014)
2014-03-285SUMMONS Issued (3) Electronically as to US DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 03/28/2014)
2014-04-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/01/2014. (Ratner, Micah) (Entered: 04/18/2014)
2014-04-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. US DEPARTMENT OF VETERANS AFFAIRS served on 4/3/2014 (Ratner, Micah) (Entered: 04/18/2014)
2014-04-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 3/31/2014. Answer due for ALL D.C. DEFENDANTS by 4/21/2014. (Ratner, Micah) (Entered: 04/18/2014)
2014-04-289Consent MOTION for Extension of Time to File Answer or Other Response by US DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kidwell, Judith) (Entered: 04/28/2014)
2014-04-29MINUTE ORDER granting 9 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including May 7, 2014, in which to answer or otherwise respond to Plaintiffs' Complaint. Signed by Judge Gladys Kessler on 4/29/14. (CL, ) (Entered: 04/29/2014)
2014-04-29Set/Reset Deadlines: Answer due by 5/7/2014 (CL, ). (Entered: 04/29/2014)
2014-05-0710Consent MOTION for Extension of Time to File Answer by US DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kidwell, Judith) (Entered: 05/07/2014)
2014-05-0811ORDER granting 10 Defendant's Motion for Extension of Time; Defendant shall have up to and including May 30, 2014, in which to answer or otherwise respond to Plaintiffs' Complaint. Signed by Judge Gladys Kessler on 5/8/14. (CL, ) (Entered: 05/08/2014)
2014-05-08Set/Reset Deadlines: Answer due by 5/30/2014 (CL, ) (Entered: 05/08/2014)
2014-05-3012Consent MOTION for Extension of Time to File Answer by US DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Kidwell, Judith) (Entered: 05/30/2014)
2014-06-0213ORDER granting 12 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including June 3, 2014, in which to answer or otherwise respond to Plaintiffs' Complaint. Signed by Judge Gladys Kessler on 6/2/14. (CL, ) (Entered: 06/02/2014)
2014-06-02Set/Reset Deadlines: Answer due by 6/3/2014 (CL, ). (Entered: 06/02/2014)
2014-06-0314ANSWER to Complaint by US DEPARTMENT OF VETERANS AFFAIRS.(Kidwell, Judith) (Entered: 06/03/2014)
2014-06-0315ORDER setting an Initial Scheduling Conference for June 25, 2014, at 10:15 a.m. Signed by Judge Gladys Kessler on 6/3/14. (CL, ) (Entered: 06/03/2014)
2014-06-03Set/Reset Hearings: Initial Scheduling Conference set for 6/25/2014 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 06/03/2014)
2014-06-04Set/Reset Deadlines: Meet & Confer Statement and any supplemental pleading due no later than 6/20/2014 @ 4:00 p.m. (zmm, ) (Entered: 06/04/2014)
2014-06-0516NOTICE of Joint Proposed Briefing Schedule by WESLEY T. CARTER, THE C-123 VETERANS ASSOCIATION (Ratner, Micah) (Entered: 06/05/2014)
2014-06-0617NOTICE of Appearance by Adam M. Shoemaker on behalf of All Plaintiffs (Shoemaker, Adam) (Entered: 06/06/2014)
2014-06-09MINUTE ORDER approving the Joint Proposed Briefing Schedule; the Initial Scheduling Conference now scheduled for June 25, 2014, is hereby CANCELLED. Signed by Judge Gladys Kessler on 6/9/14. (CL, ) (Entered: 06/09/2014)
2014-06-09Set/Reset Deadlines: Cross Motions due by 7/11/2014. Response to Cross Motions due by 8/1/2014. Reply to Cross Motions due by 8/19/2014. Summary Judgment motions due by 6/20/2014. Response to Motion for Summary Judgment due by 7/11/2014. Reply to Motion for Summary Judgment due by 8/1/2014. (CL, ) (Entered: 06/09/2014)
2014-06-2018MOTION for Summary Judgment by US DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Affidavit, # 4 Affidavit, # 5 Text of Proposed Order)(Kidwell, Judith) (Entered: 06/20/2014)
2014-07-1119NOTICE OF SUBSTITUTION OF COUNSEL by Shannon L. Fagan on behalf of US DEPARTMENT OF VETERANS AFFAIRS Substituting for attorney Judith Kidwell (Fagan, Shannon) (Entered: 07/11/2014)
2014-07-1120Cross MOTION for Summary Judgment by WESLEY T. CARTER, THE C-123 VETERANS ASSOCIATION (Attachments: # 1 Declaration of Wesley T. Carter, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Plaintiff's Statement of Material Facts, # 15 Plaintiff's Response to Defendant's Statement of Facts, # 16 Text of Proposed Order)(London, Ronald) (Entered: 07/11/2014)
2014-07-1121Memorandum in opposition to re 18 MOTION for Summary Judgment of Defendant filed by WESLEY T. CARTER, THE C-123 VETERANS ASSOCIATION. (Attachments: # 1 Declaration of Wesley T. Carter, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Plaintiffs' Statement of Facts, # 15 Plaintiffs' Response to Defendant's Statement of Facts, # 16 Text of Proposed Order)(London, Ronald) (Entered: 07/11/2014)
2014-07-3122Consent MOTION for Extension of Time to File Response/Reply as to 20 Cross MOTION for Summary Judgment , 18 MOTION for Summary Judgment by US DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Fagan, Shannon) (Entered: 07/31/2014)
2014-08-04MINUTE ORDER granting 22 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including August 20, 2014, in which to file its Opposition to Plaintiffs' Cross-Motion for Summary Judgment and its Reply in Support of its Motion for Summary Judgment; Plaintiffs shall have up to and including September 5, 2014, in which to file their Reply in Support of the Cross-Motion. Signed by Judge Gladys Kessler on 8/4/14. (CL, ) (Entered: 08/04/2014)
2014-08-04Set/Reset Deadlines: Response to Cross Motion due by 8/20/2014. Reply to Cross Motion due by 9/5/2014. Reply to Motion for Summary Judgment due by 8/20/2014. (CL, ) (Entered: 08/04/2014)
2014-08-1923Consent MOTION for Extension of Time to File Response/Reply as to 20 Cross MOTION for Summary Judgment , 18 MOTION for Summary Judgment by US DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Fagan, Shannon) (Entered: 08/19/2014)
2014-08-20MINUTE ORDER granting 23 Defendant's Second Consent Motion for Extension of Time; Defendant shall have up to and including September 19, 2014, in which to file its Opposition to Plaintiffs' Cross Motion for Summary Judgment and Reply in Support of Its Motion for Summary Judgment; Plaintiffs shall file their Reply by October 6, 2014. Signed by Judge Gladys Kessler on 8/20/14. (CL, ) (Entered: 08/20/2014)
2014-08-20Set/Reset Deadlines: Response to Cross Motions due by 9/19/2014. Reply to Cross Motions due by 10/6/2014. Reply to Motion for Summary Judgment due by 9/19/2014. (CL, ) (Entered: 08/20/2014)
2014-09-1924Third MOTION for Extension of Time to Produce Responsive Records by US DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Fagan, Shannon) (Entered: 09/19/2014)
2014-09-2325ORDER granting 24 Defendant's Third Consent Motion for Extension of Time; Defendant shall have up to and includign December 18, 2014, in which to rpoduce records responsive to Plaintiffs' FOIA Request; at that time, the Parties will provide a Joint Status Report to the Court regarding completion of briefing on the Parties' Cross Motions for Summary Judgment. Signed by Judge Gladys Kessler on 9/23/14. (CL, ) (Entered: 09/23/2014)
2014-09-23Set/Reset Deadlines: Records responsive to FOIA request due by 12/18/2014. (CL, ) (Entered: 09/23/2014)
2014-10-2026STATUS REPORT (Joint) by US DEPARTMENT OF VETERANS AFFAIRS. (Fagan, Shannon) (Entered: 10/20/2014)
2014-10-3127NOTICE OF WITHDRAWAL OF APPEARANCE as to US DEPARTMENT OF VETERANS AFFAIRS. Attorney Shannon L. Fagan terminated. (Fagan, Shannon) (Entered: 10/31/2014)
2014-11-1928STATUS REPORT Joint Status Report by US DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 11/19/2014)
2014-11-1929NOTICE of Appearance by Carl Ezekiel Ross on behalf of All Defendants (Ross, Carl) (Entered: 11/19/2014)
2014-11-2430ORDER that Defendant shall have up to and including December 18, 2014, in which to complete their release of responsive documents; if a further extension is needed, it may be filed with a Motion and Proposed Order. Signed by Judge Gladys Kessler on 11/24/14. (CL, ) (Entered: 11/24/2014)
2014-11-24Set/Reset Deadlines: Release of Responsive Documents due by 12/18/2014 (CL, ) (Entered: 11/24/2014)
2014-12-1831Consent MOTION for Extension of Time to Complete Release of Responsive Information by US DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/18/2014)
2014-12-1832STATUS REPORT Joint Status Report by US DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 12/18/2014)
2014-12-22MINUTE ORDER granting 31 Defendant's Consent Motion for Extension of Time; Defendant shall complete its release of responsive information on or before January 20, 2015. Signed by Judge Gladys Kessler on 12/22/14. (CL, ) (Entered: 12/22/2014)
2014-12-22Set/Reset Deadlines: Release of responsive information due by 1/20/15 (CL, ) (Entered: 12/22/2014)
2015-01-1633Consent MOTION for Extension of Time to Complete Release of Responsive Information by US DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 01/16/2015)
2015-01-20MINUTE ORDER granting 33 Defendant's Consent Motion for Extension of Time; Defendand shall have up to and including February 24, 2015, in which to complete its release of responsive information. Signed by Judge Gladys Kessler on 1/20/2015. (CL, ) (Entered: 01/20/2015)
2015-01-20Set/Reset Deadlines: Release of responsive information shall be due by 2/24/2015 (CL, ) (Entered: 01/20/2015)
2015-02-2434Consent MOTION for Extension of Time to Complete Release of Responsive Information by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 02/24/2015)
2015-03-03MINUTE ORDER granting 34 Defendant's Consent Motion for Extension of Time; Defendnat shall have up to and including March 26, 2015, in which to complete release of responsive information. Signed by Judge Gladys Kessler on 3/3/15. (CL, ) (Entered: 03/03/2015)
2015-03-2735Consent MOTION for Extension of Time to by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 03/27/2015)
2015-03-30MINUTE ORDER granting 35 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including April 6, 2015, in which to complete its release of responsive information. Signed by Judge Gladys Kessler on 3/30/15. (CL, ) (Entered: 03/30/2015)
2015-03-30Set/Reset Deadlines: Release of responsive information due by 4/6/2015. (CL, ) (Entered: 03/30/2015)
2015-04-2036ORDER that the Parties shall file a Joint Status Report no later than April 29, 2015. Signed by Judge Gladys Kessler on 4/20/15. (CL, ) (Entered: 04/20/2015)
2015-04-20Set/Reset Deadlines: Status Report due by 4/29/2015 (CL, ) (Entered: 04/20/2015)
2015-04-2937NOTICE of Joint Status Report by C-123 VETERANS ASSOCIATION, WESLEY T. CARTER (Shoemaker, Adam) (Entered: 04/29/2015)
2015-04-3038ORDER that the Parties may have an additional 30 days to continue working to either resolve or narrow the issues in this case; the Parties shall file a further Joint Status Report in 30 days. Signed by Judge Gladys Kessler on 4/30/15. (CL, ) (Entered: 04/30/2015)
2015-06-0139STATUS REPORT Joint Status Report by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 06/01/2015)
2015-06-0340ORDER that the Parties shall file an additional Joint Status Report within thirty (30) days informing the Court of their continuing efforts to either narrow or resolve the issues before the Court. Signed by Judge Gladys Kessler on 6/3/15. (CL) (Entered: 06/03/2015)
2015-06-03Set/Reset Deadlines: Status Report due by 7/3/2015 (CL) (Entered: 06/03/2015)
2015-07-0641Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/06/2015)
2015-07-0742ORDER granting 41 Defendant's Consent Motion for Extension of Time; the Parties shall have up to and including July 9, 2015, in which to file their Joint Status Report. Signed by Judge Gladys Kessler on 7/7/15. (CL) (Entered: 07/07/2015)
2015-07-07Set/Reset Deadlines: Joint Status Report due by 7/9/2015 (CL) (Entered: 07/07/2015)
2015-07-0943STATUS REPORT Joint Status Report by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 07/09/2015)
2015-07-1044ORDER that the Parties shall submit a further Joint Status Report on August 15, 2015 (see Order for other details). Signed by Judge Gladys Kessler on 7/10/15. (CL) (Entered: 07/10/2015)
2015-07-10Set/Reset Deadlines: Status Report due by 8/15/2015 (CL) (Entered: 07/10/2015)
2015-08-1745STATUS REPORT Joint Status Report by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 08/17/2015)
2015-08-1846ORDER that the Parties shall submit a further Joint Status Report on September 16, 2015, informing the Court of an estimate of when they will be ready to begin briefing and their continuing efforts to either narrow or resolve the issues before the Court. Signed by Judge Gladys Kessler on 8/18/15. (CL) (Entered: 08/18/2015)
2015-08-18Set/Reset Deadlines: Joint Status Report due by 9/16/2015 (CL) (Entered: 08/18/2015)
2015-09-1647Consent MOTION for Extension of Time to File by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/16/2015)
2015-09-18MINUTE ORDER granting 47 Defendant's Consent Motion for Extension of Time; the Parties shall have up to and including September 23, 2015, in which to file their Joint Status Report. Signed by Judge Gladys Kessler on 9/18/15. (CL) (Entered: 09/18/2015)
2015-09-18Set/Reset Deadlines: Status Report due by 9/23/2015 (CL) (Entered: 09/18/2015)
2015-09-2348Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 09/23/2015)
2015-10-0149ORDER that the Parties shall file an additional - and hopefully, final -- Joint Status Report no later than November 3, 2015. Signed by Judge Gladys Kessler on 10/1/15. (CL) (Entered: 10/01/2015)
2015-10-01Set/Reset Deadlines: Joint Status Report due by 11/3/2015 (CL) (Entered: 10/01/2015)
2015-10-0650ORDER that the Parties' shall file a further Joint Status Report no later than November 7, 2015 (see Order for more details). Signed by Judge Gladys Kessler on 10/6/15. (CL) (Entered: 10/06/2015)
2015-10-06Set/Reset Deadlines: Status Report due by 11/7/2015 (CL) (Entered: 10/06/2015)
2015-11-1051Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 11/10/2015)
2015-11-1252ORDER that the Parties shall file a further Joint Status Report no later than December 15, 2015. Signed by Judge Gladys Kessler on 11/12/15. (CL) (Entered: 11/12/2015)
2015-11-12Set/Reset Deadlines: Joint Status Report due by 12/15/2015 (CL). (Entered: 11/12/2015)
2015-12-2253Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 12/22/2015)
2015-12-2354ORDER that the Parties shall file a Joint Status Report no later than January 20, 2016. Signed by Judge Gladys Kessler on 12/23/15. (lcgk2, ) (Entered: 12/23/2015)
2015-12-28Set/Reset Deadlines: Joint Status Report due by 1/20/2016 (CL) (Entered: 12/28/2015)
2016-01-0555NOTICE OF WITHDRAWAL OF APPEARANCE as to C-123 VETERANS ASSOCIATION, WESLEY T. CARTER. Attorney Micah J. Ratner terminated. (Ratner, Micah) (Entered: 01/05/2016)
2016-01-2056Joint STATUS REPORT by C-123 VETERANS ASSOCIATION. (Shoemaker, Adam) (Entered: 01/20/2016)
2016-01-2157ORDER that the Parties shall file a further Joint Status Report on or before February 20, 2016. Signed by Judge Gladys Kessler on 1/21/16. (CL) (Entered: 01/21/2016)
2016-01-21Set/Reset Deadlines: Joint Status Report due by 2/20/2016 (CL) (Entered: 01/21/2016)
2016-02-2258Joint STATUS REPORT by C-123 VETERANS ASSOCIATION. (Shoemaker, Adam) (Entered: 02/22/2016)
2016-02-2359ORDER that the Parties shall, by March 24, 2016, either submit a final Status Report or a proposed briefing schedule. Signed by Judge Gladys Kessler on 2/23/16. (CL) (Entered: 02/23/2016)
2016-02-23Set/Reset Deadlines: Status Report of Proposed Briefing Schedule due by 3/24/2016 (CL) (Entered: 02/23/2016)
2016-03-2460Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 03/24/2016)
2016-03-2861ORDER that the Parties shall have up to and including April 4, 2016, in which to complete their settlement agreement, collect the necessary signatures, and file a Stipulation with the Court. Signed by Judge Gladys Kessler on 3/28/16. (CL) (Entered: 03/28/2016)
2016-03-28Set/Reset Deadlines: Stipulation of settlement due by 4/4/2016. (CL) (Entered: 03/28/2016)
2016-04-0862STIPULATION of Dismissal Stipulation of Settlement and Dismissal by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Ross, Carl) (Entered: 04/08/2016)
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