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Case TitlePRO PUBLICA, INC. et al v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00124
Date Filed2017-01-19
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffPRO PUBLICA, INC.
PlaintiffVIRGINIAN-PILOT MEDIA COMPANIES, LLC
Case DescriptionThe Virginian-Pilot submitted a FOIA request to the Department of Veterans Affairs for records concerning correspondence with Hans Kang and Michael Peterson, both former employees of the VA and experts on the effects of Agent Orange and other toxins. The reporter from the Virginian-Pilot was working with a reporter from Pro Publica. Both the Virginian-Pilot and Pro Publica contacted the VA numerous times to inquire about the status of the request, including seeking help from the Office of Government Information Services. The Virginian-Pilot submitted a second FOIA request to VA for further correspondence involving Agent Orange. After the agency had failed to respond, the Virginian-Pilot once again asked for help from OGIS. After the agency failed to respond to either request, Pro Publica and the Virginian-Pilot filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF VETERANS AFFAIRS
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-191COMPLAINT against UNITED STATES DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number 0090-4811949) filed by PRO PUBLICA, INC., VIRGINIAN-PILOT MEDIA COMPANIES, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Civil Cover Sheet, # 28 Summons to VA, # 29 Summons to U.S. Attorney for DC, # 30 Summons to U.S. Attorney General)(Watkins, Seth) (Entered: 01/19/2017)
2017-01-192LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PRO PUBLICA, INC. (Watkins, Seth) (Entered: 01/19/2017)
2017-01-193LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VIRGINIAN-PILOT MEDIA COMPANIES, LLC (Watkins, Seth) (Entered: 01/19/2017)
2017-01-194MOTION for Preliminary Injunction by PRO PUBLICA, INC., VIRGINIAN-PILOT MEDIA COMPANIES, LLC (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction, # 2 Declaration of Charles Ornstein, # 3 Exhibit 1 to Ornstein Declaration, # 4 Exhibit 2 to Ornstein Declaration, # 5 Exhibit 3 to Ornstein Declaration, # 6 Exhibit 4 to Ornstein Declaration, # 7 Exhibit 5 to Ornstein Declaration, # 8 Exhibit 6 to Ornstein Declaration, # 9 Exhibit 7 to Ornstein Declaration, # 10 Exhibit 8 to Ornstein Declaration, # 11 Exhibit 9 to Ornstein Declaration, # 12 Exhibit 10 to Ornstein Declaration, # 13 Exhibit 11 to Ornstein Declaration, # 14 Exhibit 12 to Ornstein Declaration, # 15 Exhibit 13 to Ornstein Declaration, # 16 Exhibit 14 to Ornstein Declaration, # 17 Exhibit 15 to Ornstein Declaration, # 18 Exhibit 16 to Ornstein Declaration, # 19 Exhibit 17 to Ornstein Declaration, # 20 Exhibit 18 to Ornstein Declaration, # 21 Exhibit 19 to Ornstein Declaration, # 22 Exhibit 20 to Ornstein Declaration, # 23 Exhibit 21 to Ornstein Declaration, # 24 Exhibit 22 to Ornstein Declaration, # 25 Exhibit 23 to Ornstein Declaration, # 26 Exhibit 24 to Ornstein Declaration, # 27 Exhibit 25 to Ornstein Declaration, # 28 Exhibit 26 to Ornstein Declaration, # 29 Exhibit 27 to Ornstein Declaration, # 30 Exhibit 28 to Ornstein Declaration, # 31 Exhibit 29 to Ornstein Declaration, # 32 Exhibit 30 to Ornstein Declaration, # 33 Exhibit 31 to Ornstein Declaration, # 34 Exhibit 32 to Ornstein Declaration, # 35 Exhibit 33 to Ornstein Declaration, # 36 Exhibit 34 to Ornstein Declaration, # 37 Exhibit 35 to Ornstein Declaration, # 38 Exhibit 36 to Ornstein Declaration, # 39 Exhibit 37 to Ornstein Declaration, # 40 Exhibit 38 to Ornstein Declaration, # 41 Exhibit 39 to Ornstein Declaration, # 42 Exhibit 40 to Ornstein Declaration, # 43 Exhibit 41 to Ornstein Declaration, # 44 Exhibit 42 to Ornstein Declaration, # 45 Exhibit 43 to Ornstein Declaration, # 46 Exhibit 44 to Ornstein Declaration, # 47 Exhibit 45 to Ornstein Declaration, # 48 Exhibit 46 to Ornstein Declaration, # 49 Exhibit 47 to Ornstein Declaration, # 50 Exhibit 48 to Ornstein Declaration, # 51 Exhibit 49 to Ornstein Declaration, # 52 Exhibit 50 to Ornstein Declaration, # 53 Text of Proposed Order)(Watkins, Seth) (Entered: 01/19/2017)
2017-01-24Case Assigned to Judge Emmet G. Sullivan. (zsb) (Entered: 01/24/2017)
2017-01-245SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 01/24/2017)
2017-01-256MOTION for Leave to File Additional Declaration and Supplement to Memorandum in Support of Plaintiffs Motion for a Preliminary Injunction by PRO PUBLICA, INC., VIRGINIAN-PILOT MEDIA COMPANIES, LLC (Attachments: # 1 Exhibit A - Declaration of Wesley T. Carter, Major, USAF (Ret.), # 2 Exhibit B - Supplement to Memorandum in Support of Plaintiffs Motion for a Preliminary Injunction, # 3 Text of Proposed Order)(Watkins, Seth) (Entered: 01/25/2017)
2017-01-25MINUTE ORDER directing, sua sponte, each party to file, by no later than noon on January 27, 2017, a pleading of not more than three pages addressing why the 4 request for preliminary injunction relief should not be consolidated with a merits determination pursuant to Federal Rule of Civil Procedure 65(a)(2). Signed by Judge Emmet G. Sullivan on 01/25/2017. (lcegs3) (Entered: 01/25/2017)
2017-01-257CERTIFICATE OF SERVICE by PRO PUBLICA, INC., VIRGINIAN-PILOT MEDIA COMPANIES, LLC re 6 MOTION for Leave to File Additional Declaration and Supplement to Memorandum in Support of Plaintiffs Motion for a Preliminary Injunction . (Watkins, Seth) (Entered: 01/25/2017)
2017-01-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/25/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/24/2017. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 01/25/2017)
2017-01-259RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/25/2017. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 01/25/2017)
2017-01-2510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS served on 1/25/2017 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 01/25/2017)
2017-01-26Set/Reset Deadlines: Parties Pleading Addressing Why The 4 Request For Preliminary Injunction Relief Should Not Be Consolidated With A Merits Determination Pursuant To Federal Rule Of Civil Procedure 65(a)(2) by 1/27/2017. (mac) (Entered: 01/26/2017)
2017-01-2711RESPONSE TO ORDER OF THE COURT re Order, filed by PRO PUBLICA, INC., VIRGINIAN-PILOT MEDIA COMPANIES, LLC. (Watkins, Seth) (Entered: 01/27/2017)
2017-01-2712NOTICE Defendant's Statement Regarding Consolidation of the Request for Preliminary Injunction with a Merits Determination by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Schaefer, Daniel) (Entered: 01/27/2017)
2017-01-2713NOTICE of Appearance by Daniel Patrick Schaefer on behalf of UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Schaefer, Daniel) (Entered: 01/27/2017)
2017-01-2714NOTICE by PRO PUBLICA, INC., VIRGINIAN-PILOT MEDIA COMPANIES, LLC re Order, 12 Notice (Other), 11 Response to Order of the Court (Watkins, Seth) (Entered: 01/27/2017)
2017-01-2715Case directly reassigned to Judge Rudolph Contreras as related to 16-cv-2462 (RC). Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 01/27/2017)
2017-01-3016Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Preliminary Injunction by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/30/2017)
2017-01-30MINUTE ORDER granting 16 Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its response to 4 Plaintiffs' motion for a preliminary injunction on or before February 3, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 1/30/2017. (lcrc1) (Entered: 01/30/2017)
2017-02-0317Memorandum in opposition to re 4 MOTION for Preliminary Injunction filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Schaefer, Daniel) (Entered: 02/03/2017)
2017-02-1018REPLY to opposition to motion re 4 MOTION for Preliminary Injunction filed by PRO PUBLICA, INC., VIRGINIAN-PILOT MEDIA COMPANIES, LLC. (Attachments: # 1 Exhibit A)(Watkins, Seth) (Entered: 02/10/2017)
2017-02-17MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a hearing on 15 Plaintiff's motion for a preliminary injunction on Friday, February 24, 2017 at 10:30 AM in Courtroom 14. SO ORDERED. Signed by Judge Rudolph Contreras on 2/17/2017. (lcrc1) (Entered: 02/17/2017)
2017-02-22Set/Reset Hearings: Preliminary Injunction Hearing set for 2/24/2017 at 10:30 AM in Courtroom 14 before Judge Rudolph Contreras. (tj) (Entered: 02/22/2017)
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by FOIA Project Staff