Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the Department of Veterans Affairs and the Department of Education properly withheld the remaining disputed documents from Celestino Almeda, a veteran of the guerilla fighting against the Japanese occupation of the Philippines during World War II, under Exemption 5 (privileges). Chutkan also found that both agencies had shown that they had conducted a sufficient segregability analysis. The 1946 Rescission Act prevented Filipino veterans from accessing United States veterans' benefits, and Almeda had long advocated for proper recognition and compensation of Filipino veterans. He requested records from the VA and Education Department related to an interagency working group established to analyze barriers faced by Filipino veterans in obtaining compensation for their service. VA withheld 19 documents under Exemption 5, claiming the deliberative process privilege or the attorney-client privilege. Chutkan noted that "here, each of these contested Bates page ranges is predecisional and deliberative because each relates to the drafting process of a blog post." Almeda provided an email and attachment that, although withheld by the VA, had been previously obtained elsewhere by Almeda, to show that the contents were not deliberative. Disagreeing with Almeda's assessment, Chutkan indicated that "the email in question describes the timing of the publication, the drafting at a particular stage of the process, and the roles played by various members in the drafting process. The email and associated attachment are thus protected because they represent the 'contents of drafts' and 'the drafting process itself.'" Almeda also disputed VA's segregability determination based on the contents of the email and attachment that he had already obtained. But Chutkan pointed out that "because disclosure of the factual material could reveal deliberative judgments, the court finds that withholding this material does not violate the VA's obligation to disclose reasonably segregable material." VA also withheld the names of non-senior employees under Exemption 6 (invasion of privacy). But Chutkan observed that "the court need not reach the issue of whether the names are properly withheld under Exemption 6 because it finds that they are properly withheld under Exemption 5." She cited Brinton v. Dept of State, 636 F.2d 600 (D.C. Cir. 1980), noting that "the D.C. Circuit has held that 'if agency records are indeed deliberative, it is appropriate to apply Exemption 5 to the documents themselves, as well as to the names of their authors.' Because the underlying documents are indeed deliberative, and because the redacted names are those of the authors of those deliberative documents, the court finds that the names were properly withheld." She also found that the Education Department had provided a sufficient justification for its Exemption 5 claims as well as its segregability analysis.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges, Litigation - Segregability analysis

Date Filed	Doc #	Docket Text
2017-12-08	1	COMPLAINT against UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number 0090-5239882) filed by CELESTINO G. ALMEDA. (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 Civil Cover Sheet, # 15 Summons to U.S. Department of Education, # 16 Summons to U.S. Department of Veterans Affairs, # 17 Summons to U.S. Attorney for the District of Columbia, # 18 Summons to U.S. Attorney General)(Watkins, Seth) (Attachment 14 replaced on 12/12/2017) (zsth). (Entered: 12/08/2017)
2017-12-08	2	NOTICE OF RELATED CASE by CELESTINO G. ALMEDA. Case related to Case No. 17-1497 and 17-2548. (Watkins, Seth) (Entered: 12/08/2017)
2017-12-08		Case Assigned to Judge Colleen Kollar-Kotelly. (zsth) (Entered: 12/12/2017)
2017-12-12	3	SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 12/12/2017)
2017-12-14	4	Case randomly reassigned to Judge Tanya S. Chutkan. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 12/14/2017)
2017-12-14	5	NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 12/14/2017)
2017-12-14	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/12/2017. Answer due for ALL FEDERAL DEFENDANTS by 1/11/2018. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 12/14/2017)
2017-12-14	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 12/13/2017 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 12/14/2017)
2017-12-14	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS served on 12/14/2017 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 12/14/2017)
2017-12-14	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/14/2017. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 12/14/2017)
2018-01-12	10	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.(Walker, Johnny) Modified to add link on 1/16/2018 (znmw). (Entered: 01/12/2018)
2018-01-17		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 2/9/18. Signed by Judge Tanya S. Chutkan on 1/17/18. (DJS) (Entered: 01/17/2018)
2018-01-22		Set/Reset Deadlines: Joint Status Report due by 2/9/2018. (tb) (Entered: 01/22/2018)
2018-02-09	11	Joint STATUS REPORT and Proposed Schedule by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/09/2018)
2018-02-13	12	MINUTE ORDER: Having considered the parties' Joint Status Report 11 , it is hereby ordered that the parties shall file another joint report and proposed order by April 10, 2018. Signed by Judge Tanya S. Chutkan on 2/13/18. (DJS) . (Entered: 02/13/2018)
2018-02-13		Set/Reset Deadlines: Joint Status Report due by 4/10/2018. (tb) (Entered: 02/13/2018)
2018-04-10	13	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/10/2018)
2018-04-20		MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that another joint status report and proposed order are due 5/25/18. Signed by Judge Tanya S. Chutkan on 4/20/18. (DJS) (Entered: 04/20/2018)
2018-04-23		Set/Reset Deadlines: Joint Status Report and proposed order due by 5/25/2018. (tb) (Entered: 04/23/2018)
2018-05-25	14	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Text of Proposed Order)(Walker, Johnny) (Entered: 05/25/2018)
2018-06-01		MINUTE ORDER: A Status Conference is hereby set for 6/28/18 at 1:45 pm in Courtroom 9. Signed by Judge Tanya S. Chutkan on 6/1/18. (DJS) (Entered: 06/01/2018)
2018-06-01		Set/Reset Hearings: Status Conference set for 6/28/2018 at 01:45 PM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 06/01/2018)
2018-06-28		Minute Entry: Status Conference held on 6/28/2018 before Judge Tanya S. Chutkan: The parties are to meet and confer and file a status report by 7/30/2018, per chance no documents exist, the Court expects agency counsel to be present at the next status conference set for 9/10/2018 at 11:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (Court Reporter Crystal Pilgrim) (tb) (Entered: 06/28/2018)
2018-07-30	15	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order, # 2 Pl.'s Ex. 1, # 3 Pl.'s Ex. 2, # 4 Pl.'s Ex. 3, # 5 Pl.'s Ex. 4)(Walker, Johnny) (Entered: 07/30/2018)
2018-08-03	16	TRANSCRIPT OF PROCEEDINGS before Judge Tanya S. Chutkan held on 06/28/18; Page Numbers: 1-18. Date of Issuance:08/03/18. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abo ve. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/24/2018. Redacted Transcript Deadline set for 9/3/2018. Release of Transcript Restriction set for 11/1/2018.(Pilgrim, Crystal) (Entered: 08/03/2018)
2018-09-05	17	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Pl.'s Ex. 1, # 2 Pl.'s Ex. 2, # 3 Pl.'s Ex. 3, # 4 Pl.'s Ex. 4)(Walker, Johnny) (Entered: 09/05/2018)
2018-09-07	18	Supplemental STATUS REPORT by CELESTINO G. ALMEDA. (Attachments: # 1 Exhibit 5)(Watkins, Seth) (Entered: 09/07/2018)
2018-09-10		Minute Entry: Status Conference held on 9/10/2018 before Judge Tanya S. Chutkan: The government shall file declaration regarding email retention policy and search procedures by 10/20/2018. (Court Reporter Bryan Wayne) (tb) (Entered: 09/11/2018)
2018-09-17	19	TRANSCRIPT OF 9/10/18 STATUS HEARING before Judge Tanya S. Chutkan held on September 10, 2018. Page Numbers: 1-16. Date of Issuance: September 17, 2018. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/8/2018. Redacted Transcript Deadline set for 10/18/2018. Release of Transcript Restriction set for 12/16/2018.(Wayne, Bryan) (Entered: 09/17/2018)
2018-10-19	20	Consent MOTION for Extension of Time to File Declaration by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/19/2018)
2018-10-19		MINUTE ORDER: Granting 20 Consent Motion for Extension of Deadlines. The Department of Veterans Affairs shall file a declaration regarding the email retention policy and search procedures by November 19, 2018. Signed by Judge Tanya S. Chutkan on 10/19/18. (DJS) (Entered: 10/19/2018)
2018-10-22		Set/Reset Deadlines: Declaration due by 11/19/2018. (tb) (Entered: 10/22/2018)
2018-11-18	21	NOTICE of Compliance with Court Order to File Declarations by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS re Order on Motion for Extension of Time to File, (Attachments: # 1 Declaration of Mildred Baxter, # 2 Declaration of Mark Hutchins, # 3 Declaration of Paulette Maten)(Walker, Johnny) (Entered: 11/18/2018)
2018-11-28		MINUTE ORDER: By 12/20/18 the parties shall file a joint status report and proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 11/28/18. (DJS) (Entered: 11/28/2018)
2018-12-03		Set/Reset Deadlines: Reply due by 12/20/2018. (tb) (Entered: 12/03/2018)
2018-12-20	22	Joint STATUS REPORT by CELESTINO G. ALMEDA. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 12/20/2018)
2018-12-20		MINUTE ORDER: Having considered the parties' joint status report 22 , it is hereby ordered that the parties shall file another joint status and proposed order by January 20, 2019. Signed by Judge Tanya S. Chutkan on 12/20/18. (DJS) (Entered: 12/20/2018)
2018-12-21		Set/Reset Deadlines: Joint Status Report due by 1/20/2019. (tb) (Entered: 12/21/2018)
2019-01-18	23	MOTION to Stay by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/18/2019)
2019-01-22		MINUTE ORDER: Granting 23 Motion to Stay. All Proceedings are hereby STAYED. Defendants' counsel shall notify the Court within FOURTEEN DAYS after Congress has appropriated funds for the Justice Department, and it is further Ordered, that all current deadlines for the parties shall be extended commensurate with the duration of the lapse in appropriations. Signed by Judge Tanya S. Chutkan on 1/22/19. (DJS) (Entered: 01/22/2019)
2019-01-29	24	NOTICE of Restored Funding by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS re Order on Motion to Stay, (Walker, Johnny) (Entered: 01/29/2019)
2019-02-25	25	Joint STATUS REPORT by CELESTINO G. ALMEDA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Text of Proposed Order by Plaintiff, # 8 Text of Proposed Order by Defendants)(Watkins, Seth) (Entered: 02/25/2019)
2019-02-28		MINUTE ORDER: In view of Defendants' Notice of Restored Government Funding 24 , the previously imposed stay is hereby lifted. Further, having considered the parties' joint status report 25 , the parties are hereby directed to file a joint status report discussing, inter alia , a recommendation for further proceedings, on or before March 18, 2019. Signed by Judge Tanya S. Chutkan on 2/28/2019. (lctsc1) (Entered: 02/28/2019)
2019-03-01		Set/Reset Deadlines: Joint Status Report due by 3/18/2019. (tb) (Entered: 03/01/2019)
2019-03-18	26	Joint STATUS REPORT by CELESTINO G. ALMEDA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order by Plaintiff, # 4 Text of Proposed Order by Defendants)(Watkins, Seth) (Entered: 03/18/2019)
2019-04-04		MINUTE ORDER: Having considered the parties' joint 26 status report, the parties shall file another status report, on or before April 12, 2019, describing with particularity what issues remain in dispute and proposing a briefing schedule for the summary judgment motions. The joint report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/4/2019. (lctsc1) (Entered: 04/04/2019)
2019-04-04		Set/Reset Deadlines: Joint Status Report due by 4/12/2019. (tb) (Entered: 04/04/2019)
2019-04-12	27	Joint STATUS REPORT by CELESTINO G. ALMEDA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order by Plaintiff, # 4 Text of Proposed Order by Defendants)(Watkins, Seth) (Entered: 04/12/2019)
2019-04-17		MINUTE ORDER: Having considered the parties' joint status report 27 , the parties are hereby directed to adhere to the following deadlines: Defendants' motion for summary judgment shall be filed on or before May 17, 2019, Plaintiff's response and cross-motion shall be filed on or before June 14, 2019, Defendants' reply and response shall be filed on or before June 28, 2019, and Plaintiff's reply shall be filed on or before July 12, 2019. Signed by Judge Tanya S. Chutkan on 4/17/2019. (lctsc1) (Entered: 04/17/2019)
2019-04-18		Set/Reset Deadlines: Cross Motion due by 6/14/2019. Response to Cross Motion due by 6/28/2019. Reply to Cross Motion due by 7/12/2019. Summary Judgment motion due by 5/17/2019. Response to Motion for Summary Judgment due by 6/14/2019. Reply to Motion for Summary Judgment due by 6/28/2019. (tb) (Entered: 04/18/2019)
2019-05-16	28	ENTERED IN ERROR..... MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) Modified on 5/17/2019 (znmw). (Entered: 05/16/2019)
2019-05-17		NOTICE OF ERROR re 28 Motion for Extension of Time to; emailed to johnny.walker@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Document entered in the wrong case. Document has been refiled in the correct case. (ztd, ) (Entered: 05/17/2019)
2019-05-17	29	Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/17/2019)
2019-05-17		MINUTE ORDER: Granting 29 Consent Motion for Extension of Deadlines. Defendants' motion for summary judgment shall be filed on or before June 7, 2019. Plaintiff's combined response and cross-motion shall be filed on or before July 5, 2019. Defendants' combined reply/response shall be filed on or before July 19, 2019. Plaintiff's reply shall be filed on or before August 2, 2019. Signed by Judge Tanya S. Chutkan on 5/17/19. (DJS) (Entered: 05/17/2019)
2019-05-17		Set/Reset Deadlines: Cross Motion due by 7/5/2019. Response to Cross Motion due by 7/19/2019. Reply to Cross Motion due by 8/2/2019. Summary Judgment motion due by 6/7/2019. Response to Motion for Summary Judgment due by 7/5/2019. Reply to Motion for Summary Judgment due by 7/19/2019. (tb) (Entered: 05/17/2019)
2019-06-06	30	Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/06/2019)
2019-06-11		MINUTE ORDER: Granting 30 Motion for Extension of Deadlines. Defendants' motion for summary judgment shall be filed on or before June 12, 2019. Plaintiff's response and cross-motion shall be filed on or before July 10, 2019. Defendants' reply and response shall be filed on or before July 24, 2019. Plaintiff's reply shall be filed on or before August 7, 2019. Signed by Judge Tanya S. Chutkan on 6/11/19. (DJS) (Entered: 06/11/2019)
2019-06-12	31	Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/12/2019)
2019-06-13		MINUTE ORDER: Granting 31 Joint Motion for Extension of Deadlines. Defendants' motion for summary judgment due June 26, 2019. Plaintiff's combined response/cross-motion due July 24, 2019. Defendants' combined reply/response due August 7, 2019. Plaintiff's reply due August 21, 2019. tTe court will view with disfavor further requests for extensions by the Defendant. Signed by Judge Tanya S. Chutkan on 6/13/19. (DJS) (Entered: 06/13/2019)
2019-06-17		Set/Reset Deadlines: Cross Motion due by 7/24/2019. Response to Cross Motion due by 8/7/2019. Reply to Cross Motion due by 8/21/2019. Summary Judgment motion due by 6/26/2019. Response to Motion for Summary Judgment due by 7/24/2019. Reply to Motion for Summary Judgment due by 8/7/2019. (tb) (Entered: 06/17/2019)
2019-06-26	32	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Michael Davis (with exhibit), # 4 Declaration of Jill Siegelbaum (with exhibits), # 5 Text of Proposed Order)(Walker, Johnny) (Entered: 06/26/2019)
2019-06-27	33	ERRATA by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS 32 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration of Jill Siegelbaum (with exhibits))(Walker, Johnny) (Entered: 06/27/2019)
2019-07-24	34	Cross MOTION for Summary Judgment by CELESTINO G. ALMEDA (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts - Response to Defendant, # 3 Statement of Facts - Plaintiff's Statement, # 4 Text of Proposed Order, # 5 Declaration of Seth A. Watkins, # 6 Exhibit 1 to Watkins Declaration, # 7 Exhibit 2 to Watkins Declaration, # 8 Exhibit 3 to Watkins Declaration)(Watkins, Seth) (Entered: 07/24/2019)
2019-07-24	35	Memorandum in opposition to re 32 MOTION for Summary Judgment filed by CELESTINO G. ALMEDA. (Attachments: # 1 Statement of Facts - Response to Defendant, # 2 Statement of Facts - Plaintiff, # 3 Declaration of Seth A. Watkins, # 4 Exhibit 1 to Watkins Declaration, # 5 Exhibit 2 to Watkins Declaration, # 6 Exhibit 3 to Watkins Declaration)(Watkins, Seth) (Entered: 07/24/2019)
2019-08-07	36	Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/07/2019)
2019-08-08		MINUTE ORDER: Defendants' consent motion 36 for an extension of time to file a reply is GRANTED. Defendants' reply in support of their motion for summary judgment and opposition to Plaintiff's motion for summary judgment shall be filed on or before August 12, 2019, and Plaintiff's reply in support of his motion for summary judgment shall be filed on or before August 26, 2019. Signed by Judge Tanya S. Chutkan on 8/8/2019. (lctsc1) (Entered: 08/08/2019)
2019-08-09		Set/Reset Deadlines: Response to Cross Motion due by 8/12/2019. Reply to Cross Motion due by 8/26/2019. Reply to Motion for Summary Judgment due by 8/12/2019. (tb) (Entered: 08/09/2019)
2019-08-12	37	Memorandum in opposition to re 34 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Statement of Genuine Issues)(Walker, Johnny) Modified linkage on 8/13/2019 (ztd). (Entered: 08/12/2019)
2019-08-12	38	REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Walker, Johnny) (Entered: 08/12/2019)
2019-08-26	39	REPLY to opposition to motion re 34 Cross MOTION for Summary Judgment filed by CELESTINO G. ALMEDA. (Attachments: # 1 Declaration of Seth A. Watkins (Second Declaration)), # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8)(Watkins, Seth) (Entered: 08/26/2019)
2020-02-07	40	MEMORANDUM OPINION regarding Defendants' 32 motion for summary judgment and Plaintiff's 34 cross-motion for summary judgment. Signed by Judge Tanya S. Chutkan on 2/7/2020. (lcdl) (Entered: 02/07/2020)
2020-02-07	41	ORDER granting Defendants' 32 motion for summary judgment and denying Plaintiff's 34 cross-motion for summary judgment. The case is hereby dismissed with prejudice. Signed by Judge Tanya S. Chutkan on 2/7/2020. (lcdl) (Entered: 02/07/2020)
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