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Case TitleKachmar, et al. v. Department of Veterans Affairs Central Alabama Veterans Health Care System
DistrictMiddle District of Alabama
CityMontgomery
Case Number2:2014cv01038
Date Filed2014-10-08
Date Closed2015-01-20
JudgeHonorable Judge Myron H. Thompson
PlaintiffKala Kachmar
PlaintiffThe Advertiser Company, Inc.
doing business as The Montgomery Advertiser
Case DescriptionKala Kachmar, a reporter for the Montgomery Advertiser, submitted a FOIA request to the Department of Veterans Affairs' Central Alabama Veterans Health Care System for records concerning the delay in treatment at the facility. CAVHCS acknowledged receipt of the request and explained that it needed clearance from headquarters in Washington to release the requested documents. Kachmar followed up with a letter asking for expedited processing, but despite promises that the records would be released soon, after receiving no records from the agency, Kachmar filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDepartment of Veterans Affairs Central Alabama Veterans Health Care System
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-081COMPLAINT against Department of Veterans Affairs Central Alabama Veterans Health Care System ( Filing fee $ 400.00 receipt number 4602033878.), filed by The Advertiser Company, Inc., Kala Kachmar. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Filing Fee Receipt)(scn, ) (Entered: 10/14/2014)
2014-10-14NOTICE of Assignment to Magistrate Judge mailed to both counsel for Kala Kachmar and The Advertiser Company, Inc.. (No PDF document attached to this entry.) (scn, ) (Entered: 10/14/2014)
2014-10-142Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Kala Kachmar. Corporate Disclosures due by 10/24/2014. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 10/14/2014)
2014-10-143Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to The Advertiser Company, Inc.. Corporate Disclosures due by 10/24/2014. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 10/14/2014)
2014-10-144Corporate/Conflict Disclosure Statement by The Advertiser Company, Inc. re 3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Bailey, Dennis) (Main Document 4 replaced on 10/15/2014) (wcl, ). Modified on 10/15/2014 to attach a properly published PDF document - No changes were made (wcl, ). (Entered: 10/14/2014)
2014-10-145Corporate/Conflict Disclosure Statement by Kala Kachmar re 2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Bailey, Dennis) (Main Document 5 replaced on 10/15/2014) (wcl, ). Modified on 10/15/2014 to attach a properly published PDF document - No changes were made (wcl, ). (Entered: 10/14/2014)
2014-10-176Summons Issued as to Department of Veterans Affairs Central Alabama Veterans Health Care System, U.S. Attorney, and U.S. Attorney General; mailed CMRRR with copy of 1 Complaint. (scn, ) (Entered: 10/17/2014)
2014-10-217Return Receipt Card showing service of Summons and Complaint signed by Vanessa B. for Department of Veterans Affairs Central Alabama Veterans Health Care System served on 10/20/2014, answer due 12/19/2014. (wcl, ) (Entered: 10/21/2014)
2014-10-228Return Receipt Card showing service of Summons and Complaint signed by Felecia Vinson for US Attorney George Beck served on 10/20/2014, answer due 12/19/2014 for Department of Veterans Affairs Central Alabama Veterans Health Care System. (wcl, ) (Entered: 10/22/2014)
2014-10-319MOTION for Leave to File Amended Summons by Kala Kachmar, The Advertiser Company, Inc.. (Attachments: # 1 Exhibit A)(Bolger, Bethany) (Entered: 10/31/2014)
2014-11-0310Return Receipt Card showing service of Summons and Complaint signed by Emily S. for US Attorney General served on 10/28/2014. (wcl, ) (Entered: 11/03/2014)
2014-11-0411ORDER granting 9 Motion to Amend Summons. Signed by Honorable Judge Charles S. Coody on 11/4/2014. (wcl, ) (Entered: 11/04/2014)
2014-11-1812NOTICE of Appearance by Stuart Justin Robinson on behalf of Department of Veterans Affairs Central Alabama Veterans Health Care System (Robinson, Stuart) (Entered: 11/18/2014)
2014-11-1813Corporate/Conflict Disclosure Statement by Department of Veterans Affairs Central Alabama Veterans Health Care System. (Robinson, Stuart) (Main Document 13 replaced on 11/19/2014) (wcl, ). Modified on 11/19/2014 to attach a properly published PDF document - No other changes were made (wcl, ). (Entered: 11/18/2014)
2014-11-19NOTICE of Assignment to Magistrate Judge mailed to counsel for Department of Veterans Affairs Central Alabama Veterans Health Care System. (No pdf attached to this entry) (wcl, ) (Entered: 11/19/2014)
2014-11-1914ANSWER to 1 Complaint, by Department of Veterans Affairs Central Alabama Veterans Health Care System.(Robinson, Stuart) (Entered: 11/19/2014)
2014-12-0215AMENDED COMPLAINT against Department of Veterans Affairs Central Alabama Veterans Health Care System, filed by The Advertiser Company, Inc., Kala Kachmar.(Bailey, Dennis) (Entered: 12/02/2014)
2014-12-0516ORDERED that the FRCP 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 12/19/2014; counsel for the parties are DIRECTED to complete and send to the Clerk the attached consent form so that the form is received by the Clerk on or before 12/19/2014. DO NOT ELECTRONICALLY FILE THIS FORM. Signed by Honorable Judge Charles S. Coody on 12/5/2014. (wcl, ) (Entered: 12/05/2014)
2014-12-0817Case Reassigned to Honorable Judge Myron H. Thompson; Honorable Judge Charles S. Coody no longer assigned to the case as presiding judge. (wcl, ) (Entered: 12/08/2014)
2014-12-11Set Hearings: Telephone Conference set for 12/11/2014 03:15 PM by telephone before Honorable Judge Myron H. Thompson. (ag, ) (Entered: 12/11/2014)
2014-12-1118Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 12/11/2014 (PDF available for court use only). (Recording Time 3:20 - 3:27.) (ag, ) (Entered: 12/11/2014)
2014-12-1219ORDERED as follows: (1) By 1/7/2015, the parties are to file a joint report as to their settlement efforts; (2) An on-the-record conference is set for 1/8/2015, at 10:00 AM. The parties are to arrange for the conference to be conducted by telephone; (3) The requirement that the parties file a Rule 26(f) report is suspended until further order of the court. Signed by Honorable Judge Myron H. Thompson on 12/12/2014. (Furn: Calendar, AG) (wcl, ) (Entered: 12/12/2014)
2014-12-1620ANSWER to 15 Amended Complaint by Department of Veterans Affairs Central Alabama Veterans Health Care System.(Robinson, Stuart) (Entered: 12/16/2014)
2014-12-3121MOTION to Withdraw as Attorney by Kala Kachmar, The Advertiser Company, Inc.. (Bolger, Bethany) (Entered: 12/31/2014)
2014-12-3122TEXT ORDER granting 21 Motion to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 12/31/2014. (No pdf attached to this entry) (wcl, ) (Entered: 12/31/2014)
2014-12-31***Attorney Bethany Lynn Bolger terminated pursuant to the court's text order (doc # 22). (No pdf attached to this entry) (wcl, ) (Entered: 12/31/2014)
2015-01-0723JOINT STATUS REPORT by Department of Veterans Affairs Central Alabama Veterans Health Care System, Kala Kachmar, The Advertiser Company, Inc.. (Robinson, Stuart) Modified on 1/8/2015 to add as also filed on behalf of the plfs. (kh, ). (Entered: 01/07/2015)
2015-01-0824ORDER directing as follows: (1) By 1/15/15, the parties are to file a supplemental joint report as to their settlement efforts; (2) the on-the-record Conference Call set for 1/8/2015, is RESET for 1/16/2015 @ 10:00 AM before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 1/8/15. Furnished to Calendar group & AG.(djy, ) . (Entered: 01/08/2015)
2015-01-0825NOTICE of Appearance by Jessica Pitts Trotman on behalf of Kala Kachmar, The Advertiser Company, Inc. (Trotman, Jessica) (Additional attachment(s) added on 1/9/2015: # 1 Corrected Certificate of Service) (kh, ). (Entered: 01/08/2015)
2015-01-1426SUPPLEMENTAL JOINT STATUS REPORT by Department of Veterans Affairs Central Alabama Veterans Health Care System, The Advertiser Company, Inc., Kala Kachmar. (Robinson, Stuart) Modified on 1/15/2015 to add as also filed on behalf of the plaintiffs and clarify docket text (kh, ). (Entered: 01/14/2015)
2015-01-1627Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 1/16/2015 (PDF available for court use only). (Recording Time 10:13 - 10:18.) (ag, ) (Entered: 01/16/2015)
2015-01-2028JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) This lawsuit is dismissed in its entirety with prejudice but with leave to the plfs to file, within 14 days from today's date, motions for attorney fees and costs, as further set out in order; (2) The court retains jurisdiction over the issues of attorney fees and costs; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 1/20/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 01/20/2015)
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by FOIA Project Staff