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Case TitleROSEBROCK et al v. U.S. DEPARTMENT OF VETERANS AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01327
Date Filed2017-07-05
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffROBERT L. ROSEBROCK
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionRobert Rosebrock and Judicial Watch submitted FOIA requests to the Department of Veterans Affairs for records pertaining to Rosebrock, whose request was also made under the Privacy Act. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Rosebrock and Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-051COMPLAINT against U.S. DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number 0090-5019228) filed by ROBERT L. ROSEBROCK, JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Orfanedes, Paul) (Entered: 07/05/2017)
2017-07-052LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK (Orfanedes, Paul) (Entered: 07/05/2017)
2017-07-053NOTICE of Corrected Civil Cover Sheet and Summonses by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK re 1 Complaint, (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Orfanedes, Paul) (Entered: 07/05/2017)
2017-07-05Case Assigned to Judge Christopher R. Cooper. (md) (Entered: 07/06/2017)
2017-07-064SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 07/06/2017)
2017-07-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/17/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 8/16/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/11/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF VETERANS AFFAIRS served on 7/11/2017 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 07/17/2017)
2017-08-156NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS (Shoaibi, Alexander) (Entered: 08/15/2017)
2017-08-157Consent MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF VETERANS AFFAIRS (Shoaibi, Alexander) (Entered: 08/15/2017)
2017-08-16MINUTE ORDER granting 7 Consent MOTION for Enlargement of Time. Defendant shall respond to the complaint on or before September 15, 2017. Signed by Judge Christopher R. Cooper on 08/16/2017. (lccrc2) (Entered: 08/16/2017)
2017-09-158ANSWER to Complaint by U.S. DEPARTMENT OF VETERANS AFFAIRS.(Shoaibi, Alexander) (Entered: 09/15/2017)
2017-09-15MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure by September 29, 2017. Signed by Judge Christopher R. Cooper on 9/15/2017. (lccrc2) (Entered: 09/15/2017)
2017-09-15Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/29/2017 (lsj) (Entered: 09/15/2017)
2017-10-039PROPOSED BRIEFING SCHEDULE by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 10/03/2017)
2017-10-04MINUTE ORDER: In light of 9 the parties' Joint Proposed Schedule, it is ORDERED that the parties shall file a Joint Status Report by December 1, 2017 updating the Court on the status of production and, if necessary, proposing a further schedule of production or briefing. Signed by Judge Christopher R. Cooper on 10/4/2017. (lccrc2) (Entered: 10/04/2017)
2017-10-04Set/Reset Deadlines: Joint Status Report due by 12/1/2017 (lsj) (Entered: 10/04/2017)
2017-12-0110Joint STATUS REPORT by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK. (Orfanedes, Paul) (Entered: 12/01/2017)
2017-12-04MINUTE ORDER: In light of 10 the parties' joint status report, the parties shall submit a further status report by February 1, 2018 apprising the Court of the progress of Defendant's search for and review of records and, if necessary, proposing a schedule for production or briefing. Signed by Judge Christopher R. Cooper on 12/4/2017. (lccrc2) (Entered: 12/04/2017)
2017-12-04Set/Reset Deadlines: Joint Status Report due by 2/1/2018 (lsj) (Entered: 12/04/2017)
2018-02-0111Joint STATUS REPORT by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK. (Orfanedes, Paul) (Entered: 02/01/2018)
2018-02-05MINUTE ORDER: In light of 11 the parties' Joint Status Report, the parties shall submit a further status report by April 2, 2018 apprising the Court of the progress of Defendant's search for and review of records and, if necessary, proposing a schedule for production or briefing. Signed by Judge Christopher R. Cooper on 2/5/2018. (lccrc2) (Entered: 02/05/2018)
2018-02-05Set/Reset Deadlines: Status Report due by 2/2/2018 (lsj) (Entered: 02/05/2018)
2018-03-3012Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 03/30/2018)
2018-04-03MINUTE ORDER: In light of 12 the parties' joint status report, the parties are directed to file a further joint status report by May 15, 2018 proposing a further schedule for production and, if necessary, briefing. Signed by Judge Christopher R. Cooper on 4/3/2018. (lccrc2) (Entered: 04/03/2018)
2018-04-03Set/Reset Deadlines: Joint Status Report due by 5/15/2018 (lsj) (Entered: 04/03/2018)
2018-05-1113Joint STATUS REPORT by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK. (Orfanedes, Paul) (Entered: 05/11/2018)
2018-05-14MINUTE ORDER: In light of 13 the parties' joint status report, the parties are directed to file a further joint status report by July 2, 2018, updating the Court on the status of production and proposing a further schedule for production and, if necessary, briefing. Signed by Judge Christopher R. Cooper on 5/14/2018. (lccrc2) (Entered: 05/14/2018)
2018-05-14Set/Reset Deadlines: Joint Status Report due by 7/2/2018 (lsj) (Entered: 05/14/2018)
2018-07-0214Joint STATUS REPORT by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK. (Orfanedes, Paul) (Entered: 07/02/2018)
2018-07-06MINUTE ORDER: In light of 14 the parties' joint status report, the parties shall file a further joint status report by August 30, 2018 updating the Court on the status of production and proposing a further schedule for production and, if necessary, briefing. Signed by Judge Christopher R. Cooper on 7/6/2018. (lccrc2) (Entered: 07/06/2018)
2018-07-06Set/Reset Deadlines: Status Report due by 8/30/2018 (lsj) (Entered: 07/06/2018)
2018-07-3015NOTICE OF SUBSTITUTION OF COUNSEL by Scott Leeson Sroka on behalf of All Defendants Substituting for attorney Alexander Shoaibi (Sroka, Scott) (Entered: 07/30/2018)
2018-08-3016Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF VETERANS AFFAIRS (Sroka, Scott) (Entered: 08/30/2018)
2018-09-04MINUTE ORDER granting 16 Motion for Extension of Time to File Joint Status Report. The Joint Status Report shall be due on or before 9/6/2018. Signed by Judge Christopher R. Cooper on 9/4/2018. (lccrc2) (Entered: 09/04/2018)
2018-09-04Set/Reset Deadlines: Joint Status Report due by 9/6/2018 (lsj) (Entered: 09/04/2018)
2018-09-0617Joint STATUS REPORT by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK. (Orfanedes, Paul) (Entered: 09/06/2018)
2018-09-06MINUTE ORDER In light of the parties' 17 September 6, 2018 joint status report and proposed schedule, the parties shall file a joint status report on or before October 9, 2018, apprising the Court of Defendant's progress and proposing further dates for completing the review, processing, and production of responsive records and any briefing that might be required. Signed by Judge Christopher R. Cooper on 9/6/2018. (lccrc2) (Entered: 09/06/2018)
2018-09-07Set/Reset Deadlines: Joint Status Report due by 10/9/2018 (lsj) (Entered: 09/07/2018)
2018-10-0918Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 10/09/2018)
2018-10-10MINUTE ORDER: In light of the parties' 18 joint status report, the parties shall file a new joint status report by November 5, 2018, to include, if necessary, a proposed briefing schedule. Signed by Judge Christopher R. Cooper on 10/10/2018. (lccrc2) (Entered: 10/10/2018)
2018-10-10Set/Reset Deadlines: Joint Status Report due by 11/5/2018. (znbn) (Entered: 10/11/2018)
2018-11-0519Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Sroka, Scott) (Entered: 11/05/2018)
2018-11-06MINUTE ORDER: In light of the parties' 19 joint status report, the parties shall file an updated status report on or before December 5, 2018, including a proposed briefing schedule, should one be necessary. Signed by Judge Christopher R. Cooper on 11/6/2018. (lccrc2) (Entered: 11/06/2018)
2018-11-07Set/Reset Deadlines: Proposed Briefing Schedule and Status Report due by 12/5/2018 (lsj) (Entered: 11/07/2018)
2018-12-0420Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Sroka, Scott) (Entered: 12/04/2018)
2018-12-05MINUTE ORDER: In light of the parties' 20 joint status report, the parties shall file an updated joint status report on or before January 4, 2019, including a proposed briefing schedule, should one be necessary. Signed by Judge Christopher R. Cooper on 12/5/2018. (lccrc2) (Entered: 12/05/2018)
2018-12-06Set/Reset Deadlines: Joint Status Report due by 1/4/2019 (lsj) (Entered: 12/06/2018)
2019-01-0221Unopposed MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/02/2019)
2019-01-03MINUTE ORDER granting 21 Defendant's Unopposed Motion to Stay. All deadlines in the case shall be stayed pending renewed funding. Signed by Judge Christopher R. Cooper on 1/3/2019. (lccrc2) (Entered: 01/03/2019)
2019-02-01MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. The parties shall provide a joint status report on or before February 8, 2019, which shall include a proposed schedule for future proceedings. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc2) (Entered: 02/01/2019)
2019-02-05Set/Reset Deadlines: Joint Status Report due by 2/8/2019 (lsj) (Entered: 02/05/2019)
2019-02-0722Joint STATUS REPORT by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK. (Orfanedes, Paul) (Entered: 02/07/2019)
2019-02-07MINUTE ORDER: In light of the parties' 22 joint status report, the parties shall file an updated joint status report on or before April 8, 2019 advising the Court of whether further litigation will be necessary and, if so, proposing a briefing schedule for dispositive motions. Signed by Judge Christopher R. Cooper on 2/7/2019. (lccrc2) (Entered: 02/07/2019)
2019-02-07Set/Reset Deadlines: Joint Status Report due by 4/8/2019. (znbn) (Entered: 02/07/2019)
2019-04-0823Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Sroka, Scott) (Entered: 04/08/2019)
2019-04-09MINUTE ORDER: Upon consideration of the parties' most recent joint status report, the Court hereby orders the Plaintiffs to identify any remaining objections to the adequacy of the Defendant's search or to its withholdings on or before April 26, 2019. If any issues remain between the parties, the following briefing schedule shall apply: Defendant's motion for summary judgment shall be due on or before May 31, 2019; Plaintiffs' combined cross-motion and opposition shall be due on or before June 20, 2019; Defendant's combined opposition and reply shall be due on or before July 10, 2019; and Plaintiffs' reply shall be due on or before July 24, 2019. Signed by Judge Christopher R. Cooper on 4/9/2019. (lccrc2) (Entered: 04/09/2019)
2019-04-10Set/Reset Deadlines: Plaintiff to identify remaining objections by 4/26/2019. Summary Judgment motions due by 5/31/2019. Response to Motion for Summary Judgment due by 6/20/2019. Reply to Motion for Summary Judgment due by 7/10/2019. Replies due by 7/24/2019. (lsj) (Entered: 04/10/2019)
2019-05-3124Consent MOTION for Extension of Time to by U.S. DEPARTMENT OF VETERANS AFFAIRS (Sroka, Scott) (Entered: 05/31/2019)
2019-06-05MINUTE ORDER granting 24 Consent Motion for Extension of Time to File Motion for Summary Judgment. Defendant's motion for summary judgment is due on or before July 1, 2019; Plaintiffs' combined opposition and cross motion is due on or before July 22, 2019; Defendant's combined opposition and reply is due on or before August 12, 2019; and Plaintiffs' reply is due on or before August 26, 2019. No further extensions of the deadline for the government's opening summary judgment brief will be granted. Signed by Judge Christopher R. Cooper on 6/5/2019. (lccrc2) (Entered: 06/05/2019)
2019-06-06Set/Reset Deadlines: Summary Judgment motions due by 7/1/2019. Response to Motion for Summary Judgment due by 7/22/2019. Reply to Motion for Summary Judgment due by 8/12/2019. Replies due by 8/26/2019. (lsj) (Entered: 06/06/2019)
2019-07-0125MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS (Sroka, Scott) (Entered: 07/01/2019)
2019-07-02MINUTE ORDER granting 25 Motion for Extension of Time to File. The following deadlines shall apply: Defendant's motion for summary judgment is due on or before July 3, 2019; Plaintiffs' opposition-cross is due on or before July 24, 2019; Defendant's opposition-cross is due on or before August 14, 2019; and Plaintiffs' reply is due on or before August 28, 2019. Signed by Judge Christopher R. Cooper on 7/2/2019. (lccrc2) (Entered: 07/02/2019)
2019-07-02Set/Reset Deadlines: Summary Judgment motions due by 7/3/2019. Response to Motion for Summary Judgment due by 7/24/2019. Reply to Motion for Summary Judgment due by 8/14/2019. Replies due by 8/28/2019. (lsj) (Entered: 07/02/2019)
2019-07-0326Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS (Sroka, Scott) (Entered: 07/03/2019)
2019-07-05MINUTE ORDER granting 26 Motion for Extension of Time to File Motion for Summary Judgment. The following deadlines will now apply: Defendant's motion for summary judgment is due on or before July 9, 2019; Plaintiffs' opposition-cross is due on or before July 30, 2019; Defendant's opposition-reply is due on or before August 20, 2019; and Plaintiffs' reply is due on or before September 3, 2019. Signed by Judge Christopher R. Cooper on 7/5/2019. (lccrc2) (Entered: 07/05/2019)
2019-07-05Set/Reset Deadlines: Summary Judgment motions due by 7/9/2019. Response to Motion for Summary Judgment due by 7/30/2019. Cross Motions due by 7/30/2019. Reply to Motion for Summary Judgment due by 8/20/2019. Response to Cross Motions due by 8/20/2019. Reply to Cross Motions due by 9/3/2019. (znbn) (Entered: 07/05/2019)
2019-07-0927MOTION for Summary Judgment and Supporting Memorandum by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit 1, # 2 Statement of Facts, # 3 Declaration of Mildred R. Baxter, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Declaration of Richard Ha, # 8 Exhibit 1, # 9 Declaration of Stacy Bachman, # 10 Exhibit 1, # 11 Declaration of Amber A. Heim, # 12 Exhibit 1)(Sroka, Scott) (Entered: 07/09/2019)
2019-07-2428Memorandum in opposition to re 27 MOTION for Summary Judgment and Supporting Memorandum With Response to Defendant's Statement of Material Facts filed by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK. (Attachments: # 1 Declaration of Paul J. Orfanedes (With Exhibit 1-7), # 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 07/24/2019)
2019-07-2429Cross MOTION for Summary Judgment With Plaintiffs' Statement of Material Facts by JUDICIAL WATCH, INC., ROBERT L. ROSEBROCK (Attachments: # 1 Statement of Facts of Paul J. Orfanedes (With Exhibits 1-7), # 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 07/24/2019)
2019-08-2030Consent MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment With Plaintiffs' Statement of Material Facts by U.S. DEPARTMENT OF VETERANS AFFAIRS (Sroka, Scott) (Entered: 08/20/2019)
2019-08-21MINUTE ORDER granting 30 Defendant's Consent Motion for Extension of Time. Defendant shall file its combined opposition and reply by September 20, 2019, and Plaintiffs shall file their reply by October 4, 2019. Signed by Judge Christopher R. Cooper on 8/21/19. (lccrc2) (Entered: 08/21/2019)
2019-08-22Set/Reset Deadlines: Response to Cross Motions due by 9/20/2019. Reply to Cross Motions due by 10/4/2019. (lsj) (Entered: 08/22/2019)
2019-09-2031Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment and Supporting Memorandum by U.S. DEPARTMENT OF VETERANS AFFAIRS (Sroka, Scott) (Entered: 09/20/2019)
2019-09-20MINUTE ORDER granting 31 Consent Motion for Second Extension of Time to File Response/Reply. It is hereby ORDERED that Defendant shall file its combined opposition and reply by October 21, 2019, and Plaintiffs shall file their reply by November 4, 2019. (lccrc2) (Entered: 09/20/2019)
2019-09-20Set/Reset Deadlines: Responses due by 10/21/2019 Replies due by 11/4/2019. (lsj) (Entered: 09/20/2019)
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