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Case TitleCrockett v. Department of Veterans Affairs
DistrictWestern District of Virginia
CityRoanoke
Case Number7:2017cv00186
Date Filed2017-04-28
Date Closed2018-09-21
JudgeDistrict Judge Elizabeth K. Dillon
PlaintiffJames H Crockett
Case DescriptionJames Crockett submitted a FOIA request to the Department of Veterans Affairs for a copy of his claims file. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Crockett filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Veterans Affairs
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [38]
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-281COMPLAINT against Department of Veterans Affairs (Filing & Administrative fee $ 400, receipt # 0423-2663425.), filed by James H Crockett. 70 Day Notice due by 7/7/2017 90 Day Service due by 7/27/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(sas)
2017-04-282Proposed Summons by James H Crockett as to All Defendants.(Bowman, Gary)
2017-04-283Electronic Summons Issued as to Department of Veterans Affairs c/o United States Attorney NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (sas)
2017-05-194MOTION for Extension of Time to File Answer by Department of Veterans Affairs. (Attachments: # 1 Text of Proposed Order)(Winn, Sara)
2017-05-225ORDER granting 4 Motion for Extension of Time to Answer Department of Veterans Affairs answer due 6/30/2017. Signed by District Judge Elizabeth K. Dillon on 5/22/2017. (bw)
2017-05-226RESPONSE in Opposition re 4 MOTION for Extension of Time to File Answer . filed by James H Crockett. (Bowman, Gary)
2017-06-077Letter from Defense Finance and Accounting Service re: request to provide a complete SSN for James H. Crockett. (Attachments: # 1 copy of complaint and its attachments)(sas)
2017-06-288MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Department of Veterans Affairs. (Winn, Sara)
2017-06-289Brief / Memorandum in Support re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Winn, Sara)
2017-07-0610MOTION for Extension of Time to File Response/Reply as to 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James H Crockett. (Bowman, Gary)
2017-07-0711ORAL ORDER granting 10 Motion for Extension of Time to File Response/Reply - Response due by 7/17/2017. Entered by District Judge Elizabeth K. Dillon on 7/7/2017. (mf)
2017-07-1312Scheduling Letter (med)
2017-07-1713Brief / Memorandum in Opposition re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-07-1914NOTICE of Hearing: (N) (No Interpreter requested) Rule 16 Status Conference set for July 27, 2017 at 10:00 AM by conference call before District Judge Elizabeth K. Dillon. (Chambers to send the dial-in instructions to the parties by email.)(mf)
2017-07-2415REPLY to Response to Motion re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit 3)(Winn, Sara)
2017-07-2516Magistrate Consent Notice to Parties. (sas)
2017-07-2717In Chambers Minute Entry for proceedings held before District Judge Elizabeth K. Dillon and Magistrate Judge Robert S. Ballou. Status Conference held by conference call on 8/1/2017. (med) (Entered: 08/01/2017)
2017-08-0118ORAL ORDER - The parties agree that the Department of Veterans Affairs has produced all of the documents covered by Crockett's FOIA request and that the only issue remaining before the court is whether Crockett is entitled to attorney's fees. It is ORDERED that the parties are authorized to conduct discovery as to that issue and are not bound by the provisions of Federal Rule of Civil Procedure 26 governing the timing for initiation of discovery. The parties are directed to submit cross-motions for summary judgment on the issue of attorney's fees within 60 days of the entry of this order. This case is hereby referred to United States Magistrate Judge Robert S. Ballou pursuant to 28 U.S.C. § 636(b)(1)(A) and (b)(1)(B) regarding any non-dispositive pre-trial matters and the issue of attorney's fees. Entered by District Judge Elizabeth K. Dillon on August 1, 2017. (mf)
2017-08-1719ORAL ORDER - Given the court's oral order on August 1, 2017, defendant's 8 Motion to Dismiss for Failure to State a Claim is DENIED WITHOUT PREJUDICE. Entered by District Judge Elizabeth K. Dillon on August 17, 2017. (mf)
2017-09-2920MOTION for Extension of Time to File Summary Judgment Motion by James H Crockett.Motions referred to Judge Robert S. Ballou. (Bowman, Gary)
2017-10-0221Cross MOTION for Summary Judgment by Department of Veterans Affairs. (Winn, Sara)
2017-10-0222Brief / Memorandum in Support re 21 Cross MOTION for Summary Judgment . filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Winn, Sara)
2017-10-0323ORAL ORDER granting 20 Motion for Extension of Time to File Document. Plaintiff shall have until November 1, 2017 to file a motion for summary judgment. Entered by Magistrate Judge Robert S. Ballou on 10/3/17. (lg)
2017-11-0124MOTION for Summary Judgment by James H Crockett. (Bowman, Gary)
2017-11-0125Brief / Memorandum in Support re 24 MOTION for Summary Judgment . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-11-0126Brief / Memorandum in Opposition re 21 Cross MOTION for Summary Judgment . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-11-0227Brief / Memorandum in Support re 24 MOTION for Summary Judgment (Corrected--corrections in bold print) . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-11-0228Brief / Memorandum in Opposition re 21 Cross MOTION for Summary Judgment (Corrected--corrections in bold print) . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-11-0729NOTICE of Hearing on Motion 21 Cross MOTION for Summary Judgment , 24 MOTION for Summary Judgment : (FTR) Motion Hearing set for 12/7/2017 10:00 AM in Roanoke before Magistrate Judge Robert S. Ballou. (lg)
2017-12-0730Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Motion Hearing held on 12/7/2017 re 21 Cross MOTION for Summary Judgment filed by Department of Veterans Affairs, 24 MOTION for Summary Judgment filed by James H Crockett. (Court Reporter K. Brown/FTR.) (kab)
2017-12-0731FTR Log Notes for Motion Hearing in the Roanoke Division in CR3 held before Judge Robert S. Ballou on 12/7/2017. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: K. Brown (kab)
2017-12-0732Exhibit List. (Attachments: # 1 Exhibit 1)(kab)
2017-12-0833Notice of Correction document 25 Brief / Memorandum in Support re 24 MOTION for Summary Judgment and document 26 Brief / Memorandum in Opposition re 21 Cross MOTION for Summary Judgment restricted from the docket due to corrected documents being filed at 27 and 28 . (ck)
2018-01-1934REPORT AND RECOMMENDATIONS re 21 Cross MOTION for Summary Judgment filed by Department of Veterans Affairs, 24 MOTION for Summary Judgment filed by James H Crockett Objections to R&R due by 2/2/2018. Signed by Magistrate Judge Robert S. Ballou on 01/18/2018. (ck)
2018-02-0235OBJECTION to 34 Report and Recommendations by James H Crockett. (Bowman, Gary)
2018-02-1236Response to Plaintiff's Objections to Magistrate Judge's Report and Recommendation . filed by Department of Veterans Affairs. (Winn, Sara)
2018-02-1537REPLY to Response to Motion re 34 REPORT AND RECOMMENDATIONS re 21 Cross MOTION for Summary Judgment filed by Department of Veterans Affairs, 24 MOTION for Summary Judgment filed by James H Crockett . filed by James H Crockett. (Bowman, Gary)
2018-09-2138MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 9/21/2018. (ck)
2018-09-2139ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 21 Motion for Summary Judgment and denying 24 Motion for Summary Judgment. Signed by District Judge Elizabeth K. Dillon on 9/21/2018. (ck)
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by FOIA Project Staff
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