Skip to content

Case Detail

[Subscribe to updates]
Case TitleDavis v. United States Department of Veterans Affairs
DistrictDistrict of Colorado
CityDenver
Case Number1:2016cv00701
Date Filed2016-03-25
Date Closed2017-08-22
JudgeMagistrate Judge Craig B. Shaffer
PlaintiffGilbert D. Davis [pro se e-filer, eff 8/23/16]
Case DescriptionGilbert Davis submitted a FOIA request to the Department of Veterans Affairs for his claims file. After the agency acknowledged receipt of his request, Davis asked for an appointment at the Denver VA office to review his claims file. When he arrived at the Denver VA office he was told the files could not be reviewed there but would need to be redacted under Exemption 6 (invasion of privacy) and copied on to a CD, which was available for files containing more than 10 pages. Davis appealed the decision and ultimately filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Department of Veterans Affairs
DefendantRobert (I) A. Mc Donald individually
TERMINATED: 11/08/2016
DefendantRobert (I) A. Mc Donald individually
DefendantRobert A. Mc Donald in his official capacity as Secretary of the U.S. Department of Veterans Affairs
DefendantRobert A. Mc Donald in his official capacity as Secretary of the U.S. Department of Veterans Affairs
TERMINATED: 11/08/2016
DefendantOffice Of Privacy And Records Managment
TERMINATED: 11/08/2016
DefendantOffice Of Privacy And Records Managment
DefendantF. (I) John Buck, Jr. Mr., individually
TERMINATED: 11/08/2016
DefendantF. (I) John Buck, Jr. Mr., individually
DefendantF. John Buck, Jr. Mr., in his official capacity asa the Director of the Records Management Center
TERMINATED: 11/08/2016
DefendantF. John Buck, Jr. Mr., in his official capacity asa the Director of the Records Management Center
DefendantRecords Managment Center
TERMINATED: 11/08/2016
DefendantRecords Managment Center
DefendantRichard (I) Leisure Mr., individually
TERMINATED: 11/08/2016
DefendantRichard (I) Leisure Mr., individually
DefendantRichard Leisure Mr., in his official capacity as the Director of the Records Managment Center
TERMINATED: 11/08/2016
DefendantRichard Leisure Mr., in his official capacity as the Director of the Records Managment Center
DefendantJim (I) Horan Mr., individually
TERMINATED: 11/08/2016
DefendantJim (I) Horan Mr., individually
DefendantJim Horan Mr., in his official capacity as the Director of the Freedom of Information Act Service
DefendantJim Horan Mr., in his official capacity as the Director of the Freedom of Information Act Service
TERMINATED: 11/08/2016
DefendantDenver Regional Office
TERMINATED: 11/08/2016
DefendantDenver Regional Office
DefendantMelanie (I) Renaye Murphy Ms., individually
TERMINATED: 11/08/2016
DefendantMelanie (I) Renaye Murphy Ms., individually
DefendantMelanie Renaye Murphy Ms., in her official capacity as the Director of the Denver Regional Office
TERMINATED: 11/08/2016
DefendantMelanie Renaye Murphy Ms., in her official capacity as the Director of the Denver Regional Office
DefendantGreg (I) Linnert Mr., individually
TERMINATED: 11/08/2016
DefendantGreg (I) Linnert Mr., individually
DefendantGreg Linnert Mr., in his official capacity as the Denver Regional Offices' Freedom of Information Act Officer
TERMINATED: 11/08/2016
DefendantGreg Linnert Mr., in his official capacity as the Denver Regional Offices' Freedom of Information Act Officer
AppealTenth Circuit 17-1325
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 6
Opinion/Order [6]
Opinion/Order [43]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-251COMPLAINT for Injunctive Relief against United States Department of Veterans Affairs Filing Fee: $400.00Receipt Number:073700, filed by Gilbert D. Davis. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(dbera, ) Modified on 4/4/2016 to restrict to a Level 1 pursuant to 6 Court Order. (nmarb, ). (Entered: 03/25/2016)
2016-03-252Case assigned to Magistrate Judge Craig B. Shaffer. Text Only Entry (dbera, ) (Entered: 03/25/2016)
2016-03-253Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Form mailed to filer in paper format. (dbera, ) (Entered: 03/25/2016)
2016-03-284MOTION to Restrict Access to, or to Amend 1 Complaint, by Plaintiff Gilbert D. Davis. (nmarb, ) (Entered: 03/29/2016)
2016-03-305MINUTE ORDER setting a Status Conference for 6/17/2016 at 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. At this hearing the court will discuss with the parties the nature and status of the case, the timing for filing of any motions, and what discovery, if any, will be needed. Text Only Entry by Magistrate Judge Craig B. Shaffer on 3/30/16. (cbssec) (Entered: 03/30/2016)
2016-04-046ORDER by Magistrate Judge Craig B. Shaffer on 04/04/16 GRANTING 4 Motion to Restrict Access or to Amend Complaint. IT IS ORDERED that Plaintiffs unredacted Complaint (Doc. 1) shall be restricted under Level 1 restriction.(nmarb, ) (Entered: 04/04/2016)
2016-04-127CERTIFICATE of Mailing/Service by Certified Mail, of Summons by Plaintiff Gilbert D. Davis, to Mr. F. John Buck, Jr., Office of Privacy and Records Mgt. (Attachments: Certificates of Mailing by certified mail to: # 1 U.S. Department of Veterans Affairs, # 2 Mr. Jim Horan, Director of FOIA Service, # 3 Richard Leisure, Dir.,Record Man. Dept. of Vet. Affairs, # 4 Mr. Greg Linnert, FOIA Officer, U.S. Dept. Vet Affairs, R.O., # 5 Robert A. McDonald, Secretary of the Dept. of Vet. Affairs, # 6 Melanie R. Murphy, Dir., Denver RO, U.S. Dept. of Vet.Affairs, # 7 Office of Privacy and Records, # 8 Record Management Center, U.S. Dept. Veterans Affairs, # 9 Regional Counsel Office, U.S. Dept. Vet. Affairs, Denver, RO, # 10 Executive Office U.S. Attorney, # 11 Denver R.O., U.S. Dept. Vet. Affairs)(nmarb, ) (Entered: 04/13/2016)
2016-04-228SUMMONS issued over front counter by Clerk. Text Only Entry. (jgonz, ) (Entered: 04/22/2016)
2016-04-259MINUTE ORDER re: 6 Order on Motion to Restrict access to complaint. Per Federal Rule of Civil Procedure 5.2(d), Plaintiff shall file as a public document a redacted version of the complaint omitting his social security number, and omitting all but the year of his birth date. Plaintiff shall file the redacted version within two weeks from the date of this order. By Magistrate Judge Craig B. Shaffer on 4/25/2016. Text Only Entry (cbslc1) (Entered: 04/25/2016)
2016-05-0210SUMMONS Returned Executed by Gilbert D. Davis. F. John Buck, Jr served on 4/26/2016, answer due 5/17/2016; F. (I) John Buck, Jr served on 4/26/2016, answer due 5/17/2016; Denver Regional Office served on 4/26/2016, answer due 5/17/2016; Jim Horan served on 4/26/2016, answer due 5/17/2016; Jim (I) Horan served on 4/26/2016, answer due 5/17/2016; Richard Leisure served on 4/26/2016, answer due 5/17/2016; Richard (I) Leisure served on 4/26/2016, answer due 5/17/2016; Greg Linnert served on 4/26/2016, answer due 5/17/2016; Greg (I) Linnert served on 4/26/2016, answer due 5/17/2016; Robert A. Mc Donald served on 4/26/2016, answer due 5/17/2016; Robert (I) A. Mc Donald served on 4/26/2016, answer due 5/17/2016; Melanie Renaye Murphy served on 4/26/2016, answer due 5/17/2016; Melanie (I) Renaye Murphy served on 4/26/2016, answer due 5/17/2016; Office Of Privacy And Records Managment served on 4/26/2016, answer due 5/17/2016; Records Managment Center served on 4/26/2016, answer due 5/17/2016; United States Department of Veterans Affairs served on 4/26/2016, answer due 5/17/2016. (morti, ) (Entered: 05/03/2016)
2016-05-0211Redacted Complaint filed pursuant to 9 Minute Order, by Plaintiff Gilbert D. Davis (morti, ) (Entered: 05/03/2016)
2016-05-0912NOTICE of Entry of Appearance by Ian J. Kellogg on behalf of All Defendants Attorney Ian J. Kellogg added to party F. John Buck, Jr(pty:dft), Attorney Ian J. Kellogg added to party F. (I) John Buck, Jr(pty:dft), Attorney Ian J. Kellogg added to party Denver Regional Office(pty:dft), Attorney Ian J. Kellogg added to party Jim Horan(pty:dft), Attorney Ian J. Kellogg added to party Jim (I) Horan(pty:dft), Attorney Ian J. Kellogg added to party Richard Leisure(pty:dft), Attorney Ian J. Kellogg added to party Richard (I) Leisure(pty:dft), Attorney Ian J. Kellogg added to party Greg Linnert(pty:dft), Attorney Ian J. Kellogg added to party Greg (I) Linnert(pty:dft), Attorney Ian J. Kellogg added to party Robert A. Mc Donald(pty:dft), Attorney Ian J. Kellogg added to party Robert (I) A. Mc Donald(pty:dft), Attorney Ian J. Kellogg added to party Melanie Renaye Murphy(pty:dft), Attorney Ian J. Kellogg added to party Melanie (I) Renaye Murphy(pty:dft), Attorney Ian J. Kellogg added to party Office Of Privacy And Records Managment(pty:dft), Attorney Ian J. Kellogg added to party Records Managment Center(pty:dft), Attorney Ian J. Kellogg added to party United States Department of Veterans Affairs(pty:dft) (Kellogg, Ian) (Entered: 05/09/2016)
2016-05-1013NOTICE of Entry of Appearance Amended by Ian J. Kellogg on behalf of F. John Buck, Jr, Denver Regional Office, Jim Horan, Richard Leisure, Greg Linnert, Robert A. Mc Donald, Melanie Renaye Murphy, Office Of Privacy And Records Managment, Records Managment Center, United States Department of Veterans Affairs (Kellogg, Ian) (Entered: 05/10/2016)
2016-05-2614ANSWER to 1 Complaint, Amended Complaint 11 by United States Department of Veterans Affairs.(Kellogg, Ian) (Entered: 05/26/2016)
2016-05-2615MOTION to Dismiss Plaintiffs Complaint (ECF Nos. 1, 11) by Defendants F. John Buck, Jr, Jim Horan, Richard Leisure, Greg Linnert, Robert A. Mc Donald, Melanie Renaye Murphy. (Kellogg, Ian) (Entered: 05/26/2016)
2016-06-1416CONSENT to Jurisdiction of Magistrate Judge by Defendant United States Department of Veterans Affairs All parties consent.. (Kellogg, Ian) (Entered: 06/14/2016)
2016-06-1517ORDER OF REFERENCE Upon Consent to Jurisdiction of Magistrate Judge: Upon consent of the parties evidenced by Docket Entry #16, this case is referred to Magistrate Judge Craig B. Shaffer for all purposes pursuant to D.C.COLO.LCivR 72.2(d) and 28 U.S.C. § 636(c). by Chief Judge Marcia S. Krieger on 6/15/16. Text Only Entry (msksec, ) (Entered: 06/15/2016)
2016-06-1618Joint MOTION to Vacate 5 Minute Order, Setting Status Conference by Defendants F. John Buck, Jr, Denver Regional Office, Jim Horan, Richard Leisure, Greg Linnert, Robert A. Mc Donald, Melanie Renaye Murphy, Office Of Privacy And Records Managment, Records Managment Center, United States Department of Veterans Affairs. (Kellogg, Ian) (Entered: 06/16/2016)
2016-06-1619ORDER granting 18 Motion to Vacate status conference of 6/17/2016. The parties shall file a status report by July 18, 2016 addressing the parties' efforts to resolve this matter informally and whether they intend to a) file astipulated dismissal, (b) continue to work to resolve this matter informally, (c) ask the court to set a settlement conference or (d) ask the court to re-set the initial status conference for the case to proceed. By Magistrate Judge Craig B. Shaffer on 6/16/2016. Text Only Entry(cbslc1) (Entered: 06/16/2016)
2016-06-1620Utility Setting/Resetting Deadlines/Hearings: Text Only Entry Status Report due by 7/18/2016 pursuant to 19 Order. (nmarb, ) (Entered: 06/17/2016)
2016-06-1721MINUTE ORDER re: 19 Order on Motion to Vacate. In light of an apparent misunderstanding between the Plaintiff and the Defendant Department of Veterans Affairs regarding whether the court had granted their joint motion filed yesterday to vacate the status conference that had been scheduled for today, and the time-lag for the pro se Plaintiff (who is not an ECF participant) to receive copies of the court's orders by mail, the Department of Veterans Affairs shall email the court's Doc. 19 order to Plaintiff today, and shall henceforth email court orders to Plaintiff promptly upon issuance. By Magistrate Judge Craig B. Shaffer on 6/17/2016. Text Only Entry (cbslc1) (Entered: 06/17/2016)
2016-07-1822Joint STATUS REPORT by Defendants F. John Buck, Jr, Denver Regional Office, Jim Horan, Richard Leisure, Greg Linnert, Robert A. Mc Donald, Melanie Renaye Murphy, Office Of Privacy And Records Managment, Records Managment Center, United States Department of Veterans Affairs. (Kellogg, Ian) (Entered: 07/18/2016)
2016-07-2223MINUTE ORDER re: 22 Status Report. On or before Wednesday, September 15, 2016, the parties shall either file dismissal papers or a status report informing the court of the status of their efforts to resolve this case informally, whether they request a settlement conference, or request to reset the status conference to proceed. By Magistrate Judge Craig B. Shaffer on 7/22/2016. Text Only Entry (cbslc1) (Entered: 07/22/2016)
2016-09-1524Joint STATUS REPORT by Defendants F. John Buck, Jr, Denver Regional Office, Jim Horan, Richard Leisure, Greg Linnert, Robert A. Mc Donald, Melanie Renaye Murphy, Office Of Privacy And Records Managment, Records Managment Center, United States Department of Veterans Affairs. (Kellogg, Ian) (Entered: 09/15/2016)
2016-09-1625MINUTE ORDER. A telephone status conference is set for 10/3/2016 at 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. The parties shall call the court at (303) 844-2117 at the scheduled time. The purpose of this conference is to discuss the parties' most recent status report and whether the parties wish to set a settlement conference at this time. By Magistrate Judge Craig B. Shaffer on 9/16/2016. Text Only Entry (cbslc1) (Entered: 09/16/2016)
2016-10-0326COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephone Status Conference held on 10/3/2016. Dismissal Paper due by 10/28/2016. Scheduling Conference set for 11/8/2016 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. FTR: Courtroom A-402. (amont, ) (Entered: 10/03/2016)
2016-11-0727Proposed Scheduling Order by Defendants F. John Buck, Jr, Denver Regional Office, Jim Horan, Richard Leisure, Greg Linnert, Robert A. Mc Donald, Melanie Renaye Murphy, Office Of Privacy And Records Managment, Records Managment Center, United States Department of Veterans Affairs. (Kellogg, Ian) (Entered: 11/07/2016)
2016-11-0828COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 11/8/2016. Granting 15 Motion to Dismiss. Mr. Davis is given leave to file a motion for leave to amend the complaint by 12/8/2016. FTR: Courtroom A-402. (amont, ) (Entered: 11/08/2016)
2016-11-0829SCHEDULING ORDER FOR FOIA ACTION: by Magistrate Judge Craig B. Shaffer on 11/8/16. (amont, ) (Entered: 11/08/2016)
2016-11-0830Party Denver Regional Office, Jim Horan (Mr., in his official capacity as the Director of the Freedom of Information Act Service), Jim (I) Horan (Mr., individually), Richard Leisure (Mr., in his official capacity as the Director of the Records Managment Center), Richard (I) Leisure (Mr., individually), Greg Linnert (Mr., in his official capacity as the Denver Regional Offices' Freedom of Information Act Officer), Greg (I) Linnert (Mr., individually), Robert A. Mc Donald (in his official capacity as Secretary of the U.S. Department of Veterans Affairs), Robert (I) A. Mc Donald (individually), Melanie Renaye Murphy (Ms., in her official capacity as the Director of the Denver Regional Office), Melanie (I) Renaye Murphy (Ms., individually), Office Of Privacy And Records Managment, Records Managment Center, F. John Buck, Jr (Mr., in his official capacity asa the Director of the Records Management Center) and F. (I) John Buck, Jr (Mr., individually) terminated pursuant to doc. 28 granting motion to dismiss. Text Only Entry (amont, ) (Entered: 11/08/2016)
2016-12-2931MOTION to Compel Production of Agency Record as Defined 5 U.S.C. § 552(a) by Plaintiff Gilbert D. Davis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Davis, Gilbert) (Entered: 12/29/2016)
2017-01-0532MOTION for Summary Judgment by Defendant United States Department of Veterans Affairs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Affidavit)(Kellogg, Ian) (Entered: 01/05/2017)
2017-01-1833RESPONSE to 32 MOTION for Summary Judgment filed by Plaintiff Gilbert D. Davis. (Davis, Gilbert) (Entered: 01/18/2017)
2017-01-1934RESPONSE to 31 MOTION to Compel Production of Agency Record as Defined 5 U.S.C. § 552(a) filed by Defendant United States Department of Veterans Affairs. (Kellogg, Ian) (Entered: 01/19/2017)
2017-02-0135NOTICE of Change of Address/Contact Information by Ian J. Kellogg (Kellogg, Ian) (Entered: 02/01/2017)
2017-02-0136REPLY to Response to 32 MOTION for Summary Judgment filed by Defendant United States Department of Veterans Affairs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Affidavit)(Kellogg, Ian) (Entered: 02/01/2017)
2017-03-1537First MOTION to Amend/Correct/Modify 29 Scheduling Order for FOIA Action by Plaintiff Gilbert D. Davis. (Davis, Gilbert) (Entered: 03/15/2017)
2017-03-3138RESPONSE to 37 First MOTION to Amend/Correct/Modify 29 Scheduling Order for FOIA Action filed by Defendant United States Department of Veterans Affairs. (Kellogg, Ian) (Entered: 03/31/2017)
2017-06-1939MINUTE ORDER. Regarding the pending motions, a hearing is set for 7/11/2017 at 02:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. The parties shall attend the hearing in person. By Magistrate Judge Craig B. Shaffer on 6/19/2017. Text Only Entry (cbslc1) (Entered: 06/19/2017)
2017-07-1140COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 7/11/2017. Mr. Davis' oral motion for a finding of bad faith against the defendant is DENIED as stated on the record. Denying 31 Motion to Compel. Taking under advisement 32 Motion for Summary Judgment. Denying 37 Motion to Amend/Correct/Modify. FTR: Courtroom A-402. (amont, ) (Entered: 07/11/2017)
2017-07-1141MINUTE ORDER: The court has requested a transcript be prepared of the Motion Hearing held on 7/11/2017 [ECF doc. 40]. The appropriate notifications have been made to Stevens-Koenig Reporting. Text Only Entry by Magistrate Judge Craig B. Shaffer on 7/11/17. (amont, ) (Entered: 07/11/2017)
2017-07-2842TRANSCRIPT of Motion Hearing held on July 11, 2017 before Magistrate Judge Shaffer. Pages: 1-34. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Stevens-Koenig Reporting, ) (Entered: 07/28/2017)
2017-08-2243MEMORANDUM OPINION AND ORDER by Magistrate Judge Craig B. Shaffer on 8/22/17 GRANTING 32 Defendant's Motion for Summary Judgment. As the court ruled from the bench on July 11, 2017, Plaintiffs Motion to Compel Production (doc. #31) and Motion to Amend the Scheduling Order (doc. #37) are DENIED. This case is DISMISSED WITH PREJUDICE, each side to bear his or its own costs. (nmarb, ) (Entered: 08/22/2017)
2017-08-2244JUDGMENT in favor of United States Department of Veterans Affairs against Gilbert D. Davis. So ORDERED by Magistrate Judge Craig B. Shaffer on 8/22/17. (amont, ) (Entered: 08/22/2017)
Hide Docket Events
by FOIA Project Staff