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Case TitleVietnam Veterans of America et al v. Defense
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2017cv01660
Date Filed2017-10-03
Date ClosedOpen
JudgeJudge Alvin W. Thompson
PlaintiffVietnam Veterans of America
PlaintiffConnecticut State Council of Vietnam Veterans of America
PlaintiffAnthony D. Maloni
Case DescriptionVietnam Veterans of America, Connecticut State Council of Vietnam Veterans of America, and Anthony Maloni submitted FOIA requests to the Department of Defense for records concerning the 1966 clean-up of a nuclear accident near Palomares, Spain caused by a mid-air collision between a B-52 and KC-135 tanker aircraft, which resulted in the disclosure of clouds of radioactive plutonium dust. Maloni and other airmen suffered serious health consequences as a result of their participation in the clean-up. After the agency failed to respond to any of requests, Vietnam Veterans of America, Connecticut State Council of Vietnam Veterans of America, and Maloni filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantDepartment of Defense
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-031COMPLAINT against All Defendants ( Filing fee $400 receipt number 0205-4554546.), filed by Vietnam Veterans of America, Anthony Maloni, Vietnam Veterans of America Connecticut State Council. (Attachments: # 1 Exhibit A-H)(Wishnie, Michael) (Entered: 10/03/2017)
2017-10-03Judge Alvin W. Thompson added. (Anastasio, F.) (Entered: 10/03/2017)
2017-10-032ENTERED IN ERROR - Order on Pretrial Deadlines: Motions to Dismiss due on 01/03/2018. Amended Pleadings due by 12/2/2017 Discovery due by 4/4/2018 Dispositive Motions due by 5/4/2018 Signed by Clerk on 10/3/2017.(Enderlin, M.) Modified to edit docket text on 10/4/2017 (Enderlin, M.). (Entered: 10/03/2017)
2017-10-033ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Alvin W. Thompson on 10/3/2017.(Enderlin, M.) (Entered: 10/03/2017)
2017-10-034STANDING PROTECTIVE ORDER Signed by Judge Alvin W. Thompson on 10/3/2017.(Enderlin, M.) (Entered: 10/03/2017)
2017-10-035NOTICE TO COUNSEL: Counsel initiating or removing this action are responsible for serving all parties with attached documents and copies of 4 Protective Order, 1 Complaint, filed by Vietnam Veterans of America, Anthony D. Maloni, Connecticut State Council of Vietnam Veterans of America, 3 Electronic Filing Order, 2 Order on Pretrial Deadlines Signed by Clerk on 10/3/2017.(Enderlin, M.) (Entered: 10/03/2017)
2017-10-04Docket Entry Correction re 2 Order on Pretrial Deadlines, Entered in Error. (Enderlin, M.) (Entered: 10/04/2017)
2017-10-046AMENDED NOTICE TO COUNSEL: Counsel initiating or removing this action are responsible for serving all parties with attached documents and copies of 4 Protective Order, 1 Complaint, filed by Vietnam Veterans of America, Anthony D. Maloni, Connecticut State Council of Vietnam Veterans of America, 3 Electronic Filing Order Signed by Clerk on 10/4/2017.(Enderlin, M.) (Entered: 10/04/2017)
2017-10-05Request for Clerk to issue summons as to Department of Defense. (Wishnie, Michael) (Entered: 10/05/2017)
2017-10-067ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St. / Yale Law School* *127 Wall Street* *New Haven, CT 06511*. (Enderlin, M.) (Entered: 10/06/2017)
2017-10-168CERTIFICATE OF SERVICE by Connecticut State Council of Vietnam Veterans of America, Anthony D. Maloni, Vietnam Veterans of America (Wishnie, Michael) (Entered: 10/16/2017)
2017-11-099NOTICE of Appearance by Natalie Nicole Elicker on behalf of Department of Defense (Elicker, Natalie) (Entered: 11/09/2017)
2017-11-0910MOTION for Extension of Time to Respond to 1 Complaint, by Department of Defense. (Elicker, Natalie) (Entered: 11/09/2017)
2017-11-1011RESPONSE re 10 MOTION for Extension of Time to Respond to 1 Complaint, filed by Connecticut State Council of Vietnam Veterans of America, Anthony D. Maloni, Vietnam Veterans of America. (Wishnie, Michael) (Entered: 11/10/2017)
2017-11-1412ORDER: The government's Motion for Extension of Time (Doc No. 10 ) to respond to the Complaint (Doc. No. 1 ) is hereby GRANTED up to and including 12/12/2017. It is so ordered. Signed by Judge Alvin W. Thompson on 11/14/2017. (Cole-Chu, H.) (Entered: 11/14/2017)
2017-11-14Answer deadline updated for Department of Defense to 12/12/2017. (Ferguson, L.) (Entered: 11/15/2017)
2017-12-0413MOTION for Leave to Appear Law Student Interns Jacob Bennett, Meghan Brooks, John Frawley Attorney Michael J. Wishnie. by Connecticut State Council of Vietnam Veterans of America, Anthony D. Maloni, Vietnam Veterans of America. (Wishnie, Michael) (Entered: 12/04/2017)
2017-12-0814ORDER: The motion requesting leave for Jacob Bennett, Meghan Brooks and John Frawley to appear on behalf of the plaintiffs as Law Student Interns pursuant to Local Rule 83.9 (Doc. No. 13 ) is hereby GRANTED. The Clerk shall enter the appearances of Jacob Bennett, Meghan Brooks and John Frawley as Law Student Interns on behalf of the plaintiffs. It is so ordered. Signed by Judge Alvin W. Thompson on 12/08/2017. (Cole-Chu, H.) (Entered: 12/08/2017)
2017-12-0815ANSWER to 1 Complaint, with Affirmative Defenses by Department of Defense.(Elicker, Natalie) (Entered: 12/08/2017)
2017-12-1116ORDER MODIFYING DOCKET ENTRY #14: The motion requesting leave for Jacob Bennett, Meghan Brooks and John Frawley to appear on behalf of the plaintiffs as Law Student Interns pursuant to Local Rule 83.9 (Doc. No. 13 ) is hereby GRANTED. The Law Student Interns' names, however, will not appear on the docket. It is so ordered. Signed by Judge Alvin W. Thompson on 12/11/2017. (Cole-Chu, H.) (Entered: 12/11/2017)
2018-03-0817Joint MOTION for Proposed Scheduling Order by Connecticut State Council of Vietnam Veterans of America, Anthony D. Maloni, Vietnam Veterans of America. (Attachments: # 1 Text of Proposed Order)(Wishnie, Michael) (Entered: 03/08/2018)
2018-03-1418ORDER: As set forth in the attached Order, the parties' Motion for Entry of Scheduling Order (Doc. No. 17 ) is granted. Dispositive motions by the defendant, if any, are due by November 1, 2018, and dispositive motions by the plaintiffs, if any, are due by November 30, 2018. Signed by Judge Alvin W. Thompson on 03/14/2018. (Cole-Chu, H.) (Entered: 03/14/2018)
2018-03-14Set Deadlines: Defendant's Dispositive Motions due by 11/1/2018; Plaintiff's Dispositive Motions due by 11/30/2018. (Ferguson, L.) (Entered: 03/30/2018)
2018-06-0719Joint MOTION for Extension of Time until 9/15/18 to complete production and to otherwise Modify the Scheduling Order by Department of Defense. (Elicker, Natalie) (Entered: 06/07/2018)
2018-06-1220ORDER: The Joint Motion to Modify the Scheduling Order (Doc. No. 19 ) is hereby GRANTED. Dispositive motions by the defendant, if any, are due by 11/21/2018 and dispositive motions by the plaintiff, if any, are due by 12/21/2018. All other proposed deadlines in the motion are approved. It is so ordered. Signed by Judge Alvin W. Thompson on 06/12/2018. (Cole-Chu, H.) (Entered: 06/12/2018)
2018-09-1721Consent MOTION for Extension of Time until 10/15/2018 to Complete Production, and for Partial Modification of the Scheduling Order as Stated by Department of Defense. (Elicker, Natalie) (Entered: 09/17/2018)
2018-09-2122ORDER: Defendant's Motion for Extension of Time and Partial Modification of the Scheduling Order (Doc. No. 21 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 09/21/18. (Patel, Ranit) (Entered: 09/21/2018)
2018-10-1523Consent MOTION for Extension of Time until 12/14/2018 for the Production Deadline, and for Modification of the Scheduling Order by Department of Defense. (Elicker, Natalie) (Entered: 10/15/2018)
2018-10-1724ORDER: Defendant's Motion for Extension of Time and Modification of the Scheduling Order (Doc. No. 23 ) is hereby GRANTED. All discovery shall be completed by 12/21/2018. Dispositive motions shall be filed by 4/4/2019. All other dates requested in this motion are also approved. It is so ordered. Signed by Judge Alvin W. Thompson on 10/17/18. (Patel, Ranit) (Entered: 10/17/2018)
2018-10-17Set Deadlines: Discovery due by 12/21/2018. Dispositive Motions due by 4/4/2019. (Ferguson, L.) (Entered: 10/18/2018)
2018-12-1125Consent MOTION for Extension of Time until 2/12/2019 for the Production Deadline, and for Modification of the Scheduling Order by Department of Defense. (Elicker, Natalie) (Entered: 12/11/2018)
2018-12-1326ORDER: Defendant's Motion for Extension of Time and Modification of the Scheduling Order (ECF No. 25 ) is hereby GRANTED. All discovery shall be completed by 2/19/2019. Dispositive motions shall be filed by 6/3/2019. All other dates requested in this motion are also approved. It is so ordered. Signed by Judge Alvin W. Thompson on 12/13/2018. (Patel, R.) (Entered: 12/13/2018)
2018-12-13Set Deadlines: Discovery due by 2/19/2019. Dispositive Motions due by 6/3/2019. (Ferguson, L.) (Entered: 12/14/2018)
2019-02-1227Third MOTION for Extension of Time for production and for modification of the scheduling order by Department of Defense. (Elicker, Natalie) (Entered: 02/12/2019)
2019-02-1228MOTION for Leave to Appear Attorney Renee Burbank. by Connecticut State Council of Vietnam Veterans of America, Anthony D. Maloni, Vietnam Veterans of America. (Burbank, Renee) (Entered: 02/12/2019)
2019-02-1329ORDER: Defendant's Motion for Extension of Time and Modification of the Scheduling Order (ECF No. 27 ) is hereby GRANTED. All discovery shall be completed by 5/20/2019. Dispositive motions shall be filed by 7/21/2019. All other dates requested in this motion are also approved. It is so ordered. Signed by Judge Alvin W. Thompson on 2/13/2019. (Patel, R.) (Entered: 02/13/2019)
2019-02-13Set Deadlines: Discovery due by 5/20/2019. Dispositive Motions due by 7/21/2019. (Ferguson, L.) (Entered: 02/21/2019)
2019-03-0830MOTION for Summary Judgment (Partial) by Connecticut State Council of Vietnam Veterans of America, Anthony D. Maloni, Vietnam Veterans of America.Responses due by 3/29/2019 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Exhibit 1, # 4 Exhibit 1-A, # 5 Exhibit 1-B, # 6 Exhibit 1-C.1, # 7 Exhibit 1-C.2, # 8 Exhibit 1-C.3, # 9 Exhibit 1-D, # 10 Exhibit 1-E, # 11 Exhibit 2)(Burbank, Renee) (Entered: 03/08/2019)
2019-03-2631Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment (Partial) until 4/5/2019 by Department of Defense. (Elicker, Natalie) (Entered: 03/26/2019)
2019-04-0232ORDER: Defendant's Motion for Extension of Time (ECF No. 31 ) is hereby GRANTED up to and including 4/5/2019. It is so ordered. Signed by Judge Alvin W. Thompson on 4/2/2019. (Patel, R.) (Entered: 04/02/2019)
2019-04-02Set/Reset Deadlines as to 30 MOTION for Summary Judgment (Partial) . Responses due by 4/5/2019. (Ferguson, L.) (Entered: 04/03/2019)
2019-04-0533Cross MOTION for Summary Judgment (Partial) by Department of Defense.Responses due by 4/26/2019 (Attachments: # 1 Memorandum in Support of Cross Motion for Partial Summary Judgment, and in Opposition to Plaintiffs' Motion for Partial Summary Judgment, # 2 Statement of Material Facts Local Rule 56(a)2 and 56(a)1 Statements, # 3 Table of Contents to Exhibits, # 4 Exhibit Pellett Declaration)(Elicker, Natalie) (Entered: 04/05/2019)
2019-04-1934Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment (Partial) , 33 Cross MOTION for Summary Judgment (Partial) until May 10, 2019 by Connecticut State Council of Vietnam Veterans of America, Anthony D. Maloni, Vietnam Veterans of America. (Burbank, Renee) (Entered: 04/19/2019)
2019-04-2235ORDER: Consent MOTION for Extension of Time until May 10, 2019 to File Response/Reply (ECF No. 34 ) as to Partial MOTION for Summary Judgment (ECF No. 30 ) and Cross MOTION for Summary Judgment (ECF No. 33 ) is hereby GRANTED. It is so ordered. Responses due by 5/10/2019. Signed by Judge Alvin W. Thompson on 4/22/19. (Ferguson, L.) (Entered: 04/23/2019)
2019-05-1036Fourth MOTION for Extension of Time until 8/11/2019 for production deadline, and for modification of the scheduling order by Department of Defense. (Elicker, Natalie) (Entered: 05/10/2019)
2019-05-1037REPLY to Response to 30 MOTION for Summary Judgment (Partial) , 33 Cross MOTION for Summary Judgment (Partial) (Response) filed by Connecticut State Council of Vietnam Veterans of America, Anthony D. Maloni, Vietnam Veterans of America. (Attachments: # 1 Supplement Attachment A, # 2 Statement of Material Facts)(Burbank, Renee) (Entered: 05/10/2019)
2019-05-2338Consent MOTION for Extension of Time to File Response/Reply as to 33 Cross MOTION for Summary Judgment (Partial) until 05/31/2019 by Department of Defense. (Elicker, Natalie) (Entered: 05/23/2019)
2019-05-2439ORDER: Defendant's Motion for Extension of Time (ECF No. 38 ) is hereby GRANTED up to and including 5/31/2019. It is so ordered. Signed by Judge Alvin W. Thompson on 5/24/2019. (Patel, R.) (Entered: 05/24/2019)
2019-05-24Set/Reset Deadlines as to 33 Cross MOTION for Summary Judgment (Partial) . Responses due by 5/31/2019. (Ferguson, L.) (Entered: 05/28/2019)
2019-05-2940ORDER: Defendant's Motion for Extension of Time and Modification of the Scheduling Order (ECF no. 36 ) is hereby GRANTED. The deadlines are extended as follows: Defendant shall complete production of responsive, non-exempt records, including documents recently under review by the Air Force by 8/11/2019; defendant shall produce all search declarations and Vaughn indices by 8/18/2019; plaintiff will identify what is not consented by 9/8/2019; defendant shall file its motion for summary judgment by 9/28/2019; plaintiff shall file its cross-motion for summary judgment by 10/19/2019; defendant shall file its reply in support of its motion for summary judgment by 10/16/2019; and plaintiff shall file its reply in support of its motion for summary judgment by 11/30/2019. It is so ordered. Signed by Judge Alvin W. Thompson on 5/29/2019. (Patel, R.) (Entered: 05/29/2019)
2019-05-29Set Deadlines: Dispositive Motions due by 9/28/2019 (Ferguson, L.) (Entered: 05/30/2019)
2019-05-3141MOTION for Leave to File Supplemental Declarations by Department of Defense. (Elicker, Natalie) (Entered: 05/31/2019)
2019-05-3142REPLY to Response to 33 Cross MOTION for Summary Judgment (Partial) filed by Department of Defense. (Attachments: # 1 Exhibit 2 - J. Pellett Second Decl., # 2 Exhibit 3 - B. Trinh Decl.)(Elicker, Natalie) (Entered: 05/31/2019)
2019-06-0143MOTION to Amend/Correct 42 Reply to Response to Motion by Department of Defense.Responses due by 6/22/2019 (Attachments: # 1 Corrected Ex. 1 to Def. Ex. 2, J. Pellett Decl. May 31, 2019 (doc. #42-1, page 4 of 14), # 2 Corrected Def. Ex. 3, B. Trinh Decl., May 31, 2019 (doc. #42-2))(Elicker, Natalie) (Entered: 06/01/2019)
2019-06-0344ORDER: Motion to Amend/Correct Reply to Response to Motion (ECF No. 43 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 6/3/19. (Ferguson, L.) (Entered: 06/04/2019)
2019-06-0345ORDER: Motion for Leave to File Supplemental Declarations (ECF No. 41 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 6/3/19. (Ferguson, L.) (Entered: 06/04/2019)
2019-06-1346MOTION for Leave to File Sur-Reply by Connecticut State Council of Vietnam Veterans of America, Anthony D. Maloni, Vietnam Veterans of America. (Attachments: # 1 Sur-Reply)(Burbank, Renee) (Entered: 06/13/2019)
2019-06-2147ORDER: Plaintiff's Motion for Leave to File Sur-Reply (ECF No. 46 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 6/21/2019. (Patel, R.) (Entered: 06/21/2019)
2019-08-1248Fifth MOTION for Extension of Time until 11/09/2019 for production deadline, and for modification of the scheduling order by Department of Defense. (Elicker, Natalie) (Entered: 08/12/2019)
2019-08-1949ORDER: Defendant's Motion for Extension of Time and Modification of the Scheduling Order (ECF No. 48 ) is hereby GRANTED for 60 days. The deadlines are extended as follows: Defendant shall complete production of responsive, non-exempt records, including documents recently under review by the Air Force by 10/11/2019; defendant shall produce all search declarations and Vaughn indices by 10/17/2019; plaintiff will identify what is not consented to by 11/7/2019; defendant shall file its motion for summary judgment by 11/27/2019; plaintiff shall file its response to the defendant's motion for summary judgment and its cross-motion for summary judgment by 12/18/2019; defendant shall file its response to plaintiff's cross-motion for summary judgment and its reply in support of its motion for summary judgment by 1/3/2020; and plaintiff shall file its reply in support of its cross-motion for summary judgment by 1/17/2020. It is so ordered. Signed by Judge Alvin W. Thompson on 8/19/2019. (Patel, R.) (Entered: 08/19/2019)
2019-08-19Set Deadlines: Dispositive Motions (Motion for Summary Judgment) due by 11/27/2019 (Ferguson, L.) (Entered: 08/20/2019)
2019-10-1150Sixth MOTION for Extension of Time until 1/9/2020 for production deadline by Department of Defense. (Elicker, Natalie) (Entered: 10/11/2019)
2019-10-1651ORDER: Sixth Motion for Extension of Time until 1/9/2020 for production deadline (ECF No. 50 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 10/16/19. (Ferguson, L.) (Entered: 10/16/2019)
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by FOIA Project Staff
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