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Case TitleLAF et al v. Department of Veterans Affairs
DistrictNorthern District of Illinois
CityChicago
Case Number1:2017cv05035
Date Filed2017-07-06
Date Closed2019-04-22
JudgeHonorable Ruben Castillo
PlaintiffLAF
PlaintiffRebecca Moss
TERMINATED: 11/10/2017
Case DescriptionRebecca Moss, a veteran, and LAF, an advocacy organization providing legal services for people living in poverty, submitted FOIA requests to the Department of Veterans Affairs for records concerning Moss's claims file. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Moss and LAF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Veterans Affairs
810 Vermont Ave. NW
Washington, DC 20420
DefendantU.S. Department of Veterans Affairs
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
FOIA Project Annotation: A federal court in Illinois has ruled that LAF, a non-profit organization providing free legal services to persons living in poverty, may take discovery from the Department of Veterans Affairs to help it challenge the agency's policy of processing veterans' requests for their claims files solely under the Privacy Act rather than under both FOIA and the Privacy Act. When LAF made FOIA requests on behalf of veterans, the agency insisted on processing the requests as Privacy Act requests, although LAF cited both statutes. LAF filed suit challenging the agency's policy. The agency argued that LAF's request on behalf of a specific individual was moot once that individual received her records. The court agreed that the named veteran's claim was now moot, but that LAF had standing to bring a pattern or practice challenge because it "has pending FOIA requests with Defendant that will likely be subjected to the same practice, and that this practice of delaying information or not responding to FOIA requests by failing to abide by FOIA's procedures harms Plaintiff's ability to represent its clients." The court pointed out that "even if Defendant's records are covered by the Privacy Act, an agency presented with a FOIA request must also comply with FOIA unless the requested records fall within one of FOIA's nine exemptions. Indeed, the Privacy Act itself requires disclosure of any information than an agency must disclose pursuant to FOIA." Allowing LAF to take discovery, the court indicated that the agency had not yet carried its burden of showing that Exemption 3 (other statutes) or Exemption 6 (invasion of privacy) covered any records subject to FOIA.
Issues: Litigation - Discovery, Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-071COMPLAINT filed by LAF, Rebecca Moss; Filing fee $ 400, receipt number 0752-13349997. (Attachments: # 1 Appendix)(Socha, Kathryn) (Entered: 07/07/2017)
2017-07-072DECLARATION of LAF Corporate Disclosure Statement (Socha, Kathryn) (Entered: 07/07/2017)
2017-07-07CASE ASSIGNED to the Honorable Ruben Castillo. Designated as Magistrate Judge the Honorable Mary M. Rowland. (meg, ) (Entered: 07/10/2017)
2017-07-073NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (mma, ) (Entered: 07/10/2017)
2017-07-134CIVIL Cover Sheet (Socha, Kathryn) (Entered: 07/13/2017)
2017-07-135Attorney Appearance Form by LAF, Rebecca Moss (Socha, Kathryn) (Entered: 07/13/2017)
2017-07-27SUMMONS Issued as to Defendant Department of Veterans Affairs (pg, ) (Entered: 07/27/2017)
2017-08-10SUMMONS Issued as to Defendant Department of Veterans Affairs (pg, ) (Entered: 08/10/2017)
2017-08-286CERTIFICATE of Service by Kathryn Alexis Socha on behalf of All Plaintiffs (Socha, Kathryn) (Entered: 08/28/2017)
2017-09-147DESIGNATION of Susan Willoughby Anderson as U.S. Attorney for Defendant Department of Veterans Affairs (Anderson, Susan) (Entered: 09/14/2017)
2017-09-148MOTION by Defendant Department of Veterans Affairs for extension of time VA's Unopposed Motion for Extension of Time to Respond to the Complaint (Anderson, Susan) (Entered: 09/14/2017)
2017-09-149NOTICE of Motion by Susan Willoughby Anderson for presentment of extension of time 8 before Honorable Ruben Castillo on 9/19/2017 at 09:45 AM. (Anderson, Susan) (Entered: 09/14/2017)
2017-09-1410MINUTE entry before the Honorable Ruben Castillo:Defendant's unopposed motion for extension of time to respond to the complaint 8 is granted. Defendant to answer or otherwise plead to the complaint by 9/29/2017. The parties are directed to file a joint status report by 10/5/2017. The Court will hold a status hearing in open court on 10/11/2017 at 9:45 a.m. The motion hearing set for 9/19/2017 is stricken.Mailed notice (rao, ) (Entered: 09/14/2017)
2017-09-2911MOTION by Defendant Department of Veterans Affairs to dismiss (Anderson, Susan) (Entered: 09/29/2017)
2017-09-2912NOTICE of Motion by Susan Willoughby Anderson for presentment of motion to dismiss 11 before Honorable Ruben Castillo on 10/11/2017 at 09:45 AM. (Anderson, Susan) (Entered: 09/29/2017)
2017-09-2913MEMORANDUM by Department of Veterans Affairs in support of motion to dismiss 11 (Attachments: # 1 Ivy Affidavit)(Anderson, Susan) (Entered: 09/29/2017)
2017-10-0314ATTORNEY Appearance for Plaintiffs LAF, Rebecca Moss by Catherine Schur (Schur, Catherine) (Entered: 10/03/2017)
2017-10-0415STATUS Report by LAF, Rebecca Moss (Socha, Kathryn) (Entered: 10/04/2017)
2017-10-1116MINUTE entry before the Honorable Ruben Castillo: Status hearing held. Motion hearing held. Defendant's motion to dismiss 11 is granted. This case is dismissed without prejudice. Plaintiffs are given leave to file an amended complaint by 11/13/2017. Defendant shall answer, move, or otherwise respond to the amended complaint by 12/4/2017. Civil case terminated. Mailed notice (ntf, ) (Entered: 10/11/2017)
2017-11-1017First AMENDED complaint by LAF against Department of Veterans Affairs and terminating Rebecca Moss (Attachments: # 1 Exhibit)(Socha, Kathryn) (Entered: 11/10/2017)
2017-12-0118MOTION by Defendant Department of Veterans Affairs to dismiss first amended complaint (Anderson, Susan) (Entered: 12/01/2017)
2017-12-0119MEMORANDUM by Department of Veterans Affairs in support of motion to dismiss 18 first amended complaint (Attachments: # 1 Exhibit 1 (Ivy Affidavit))(Anderson, Susan) (Entered: 12/01/2017)
2017-12-0120NOTICE of Motion by Susan Willoughby Anderson for presentment of motion to dismiss 18 before Honorable Ruben Castillo on 12/6/2017 at 09:45 AM. (Anderson, Susan) (Entered: 12/01/2017)
2017-12-0621MINUTE entry before the Honorable Ruben Castillo:Motion hearing held on 12/6/2017. Plaintiffs' response to defendant's motion to dismiss the first amended complaint 18 is due on or before 1/24/2018. Defendant's reply brief will be due by 2/7/2018. The Court will rule by mail.Mailed notice (rao, ) (Entered: 12/06/2017)
2018-01-2422RESPONSE by LAFin Opposition to MOTION by Defendant Department of Veterans Affairs to dismiss first amended complaint 18 (Attachments: # 1 Exhibit)(Schur, Catherine) (Entered: 01/24/2018)
2018-02-0723REPLY by Defendant Department of Veterans Affairs to motion to dismiss 18 (Reply in support of motion to dismiss first amended complaint) (Anderson, Susan) (Entered: 02/07/2018)
2018-06-2724MINUTE entry before the Honorable Ruben Castillo: Defendant's motion to dismiss 18 is denied. The Court will hold a status hearing in open court on 7/3/2018 at 9:45 a.m. (rao, ) (Entered: 06/27/2018)
2018-06-2725MEMORANDUM OPINION AND ORDER Signed by the Honorable Ruben Castillo on 6/27/2018:(rao, ) (Entered: 06/27/2018)
2018-07-0326MINUTE entry before the Honorable Ruben Castillo:Status hearing held on 7/3/2018 and continued to 7/17/2018 at 9:45 a.m. (rao, ) (Entered: 07/03/2018)
2018-07-0527MINUTE entry before the Honorable Ruben Castillo:The status hearing is reset to 7/18/2018 at 9:45 a.m. The status hearing set for 7/17/2018 is stricken. (rao, ) (Entered: 07/05/2018)
2018-07-1828MINUTE entry before the Honorable Ruben Castillo:Status hearing held on 7/18/2018 and continued to 9/19/2018 at 9:45 a.m. Defendants are to answer or otherwise plead to the amended complaint by 8/27/2018. (rao, ) (Entered: 07/18/2018)
2018-07-1829Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Mary M. Rowland for the purpose of holding proceedings related to: settlement conference.(rao, ) (Entered: 07/18/2018)
2018-07-1830MINUTE entry before the Honorable Mary M. Rowland: Status set for 8/1/18 at 09:30 AM to set a settlement conference. Parties are to bring dates when both clients and counsel will be available for a settlement conference. Judge Rowland generally conducts settlement conferences Mondays, Tuesdays, and Wednesdays from 1:30 PM to 4:30 PM. and Fridays from 10:00 AM. to 1:00 PM. Other dates and times may be available as required by the Court or the parties. The parties are directed to review and to comply with Judge Rowland's Standing Order regarding Settlement Conferences, which is available on Judge Rowland's web page located on the Court's website at www.ilnd.uscourts.gov. Mailed notice. (dm, ) (Entered: 07/18/2018)
2018-08-0131MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Settlement Conference set for 10/10/18 at 1:30 p.m. Parties are to exchange position letters prior to the settlement conference. Plaintiff shall provide Defendant with a demand letter by 9/19/18. Defendant has 14 days thereafter to respond. Plaintiffs shall submit copies of all letters exchanged by the parties to Settlement_Rowland@ilnd.uscourts.gov by 10/4/18. If any party's position letter consists of more than 10 pages (including exhibits), the party is responsible for submitting a courtesy copy to Judge Rowland's chambers (Room 1334) on or before 10/5/18. Parties should also review and comply with Judge Rowland's standing order regarding settlement conferences which can be found on the Courts website at www.ilnd.uscourts.gov. Status hearing set for 9/26/18 at 9:30 a.m. Defendant shall be prepared to report whether the settlement conference will proceed on 10/10/18 in light of Plaintiffs' request for injunctive relief. Mailed notice. (dm, ) (Entered: 08/01/2018)
2018-08-2732ANSWER to amended complaint Answer to First Amended Complaint by Department of Veterans Affairs(Anderson, Susan) (Entered: 08/27/2018)
2018-09-1933MINUTE entry before the Honorable Ruben Castillo:Status hearing held on 9/19/2018 and continued to 10/23/2018 at 9:45 a.m. (rao, ) (Entered: 09/19/2018)
2018-09-2634NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff LAF. (Schur, Catherine) (Entered: 09/26/2018)
2018-09-2635MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Defendant believes it will be productive to proceed with the settlement conference despite the fact it cannot agree to injunctive relief. Plaintiff wishes to proceed with the settlement conference and will continue to seek injunctive relief. Settlement conference remains set for 10/10/18 at 1:30 p.m. A representative from the Department of Veterans Affairs is permitted to appear telephonically at the settlement conference. Mailed notice. (dm, ) (Entered: 09/26/2018)
2018-10-1036MINUTE entry before the Honorable Mary M. Rowland: Settlement conference held. The parties are exploring a potential resolution. The Government will report to Plaintiffs' counsel by 10/19/18. Telephonic status hearing is set for 10/22/18 at 1:15 p.m. to report whether further settlement discussions are warranted. Counsel shall call the Court's teleconference number: 866-434-5269, access code 3751971. Mailed notice. (dm, ) (Entered: 10/10/2018)
2018-10-1237NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendant Department of Veterans Affairs. (Anderson, Susan) (Entered: 10/12/2018)
2018-10-2238MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held and continued to 11/5/18 at 1:15 p.m. Parties continue to explore a potential resolution. Defense counsel will investigate information provided by Plaintiffs' counsel on today's date. Parties are to confer prior to the next status hearing and shall be prepared to report whether further settlement discussions are warranted. Counsel shall call the Court's teleconference number: 866-434-5269, access code 3751971. Mailed notice. (dm, ) (Entered: 10/22/2018)
2018-10-2339MINUTE entry before the Honorable Ruben Castillo:Status hearing held on 10/23/2018 and continued to 11/7/2018 at 9:45 a.m. (rao, ) (Entered: 10/23/2018)
2018-11-0540MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Based on information gathered, parties are unable to reach a resolution in this case. Prior to the status hearing, parties have conferred and believe further settlement discussions will not be fruitful. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Honorable Judge Mary M. Rowland no longer referred to the case. Mailed notice. (dm, ) (Entered: 11/05/2018)
2018-11-0741MINUTE entry before the Honorable Ruben Castillo:Status hearing held on 11/7/2018 and continued to 4/2/2019 at 9:45 a.m. The parties are granted leave to proceed with all discovery. All discovery is to be completed by 2/28/2019. Cross motions for summary judgment are due by 3/29/2019. (rao, ) (Entered: 11/07/2018)
2018-12-2642GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (sm, ) (Entered: 12/30/2018)
2019-01-0843AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)
2019-01-2844GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)
2019-04-0245MINUTE entry before the Honorable Ruben Castillo:Status hearing held on 4/2/2019 and continued to 5/15/2019 at 9:45 a.m. (rao, ) (Entered: 04/02/2019)
2019-04-1846NOTICE of Voluntary Dismissal by LAF (Attachments: # 1 Settlement Agreement, # 2 Text of Proposed Order)(Schur, Catherine) (Entered: 04/18/2019)
2019-04-2247MINUTE entry before the Honorable Ruben Castillo:This case is hereby dismissed without prejudice. The Court will retain jurisdiction to enforce the terms of the Settlement Agreement. Upon full payment of the settlement amount, this case will be treated for all purposes as dismissed with prejudice, without further order of the court. The status hearing set for 5/15/2019 is stricken. (rao, ) (Entered: 04/22/2019)
2019-04-2248ORDER Signed by the Honorable Ruben Castillo on 4/22/2019:(rao, ) (Entered: 04/22/2019)
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