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Case TitleMCKINNEY v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00372
Date Filed2018-02-19
Date Closed2019-05-20
JudgeJudge Tanya S. Chutkan
PlaintiffHUGH CAMPBELL MCKINNEY
Case DescriptionHugh McKinney, a disabled veteran, submitted a FOIA request to the Department of Veterans Affairs for records concerning a review of the program for traumatic injury protections benefits. The agency disclosed 27 documents, none of which McKinney considered responsive. He filed an administrative appeal of the decision. The agency remanded his request for further processing, but after hearing nothing further from the agency, McKinney filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantUNITED STATES DEPARTMENT OF VETERANS AFFAIRS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-191COMPLAINT against UNITED STATES DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number 0090-5337829) filed by HUGH CAMPBELL MCKINNEY. (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 United States Department of Veterans Affairs, # 16 Summons U.S. Attorney for the District of Columbia, # 17 Summons U.S. Attorney General)(Watkins, Seth) (Entered: 02/19/2018)
2018-02-192NOTICE OF RELATED CASE by HUGH CAMPBELL MCKINNEY. Case related to Case No. 14-2185. (Watkins, Seth) (Entered: 02/19/2018)
2018-02-20Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 02/20/2018)
2018-02-203SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 02/20/2018)
2018-03-074RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/7/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/6/2018. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 03/07/2018)
2018-03-125RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS served on 3/12/2018 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 03/12/2018)
2018-03-126RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/09/2018. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 03/12/2018)
2018-03-197NOTICE of Appearance by Joshua L. Rogers on behalf of UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Rogers, Joshua) (Entered: 03/19/2018)
2018-04-058Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/05/2018)
2018-04-09MINUTE ORDER: Granting 8 Consent Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by May 7, 2018. Signed by Judge Tanya S. Chutkan on 4/9/18. (DJS) (Entered: 04/09/2018)
2018-04-10Set/Reset Deadlines: Answer due by 5/7/2018. (tb) (Entered: 04/10/2018)
2018-05-079ANSWER to Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.(Rogers, Joshua) (Entered: 05/07/2018)
2018-05-08MINUTE 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 6/7/18. Signed by Judge Tanya S. Chutkan on 5/8/18. (DJS) (Entered: 05/08/2018)
2018-05-09Set/Reset Deadlines: Joint Status Report and proposed order and schedule due by 6/7/2018. (tb) (Entered: 05/09/2018)
2018-06-0110Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/01/2018)
2018-06-11MINUTE ORDER: Having considered the parties' Joint Status Report 10 , it is hereby ordered that the parties shall file another report (and proposed order ) by July 2, 2018. Signed by Judge Tanya S. Chutkan on 6/11/18. (DJS) (Entered: 06/11/2018)
2018-06-12Set/Reset Deadlines: Joint Status Report due by 7/2/2018. (tb) (Entered: 06/12/2018)
2018-07-0211Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Rogers, Joshua) (Entered: 07/02/2018)
2018-07-17MINUTE ORDER: Having considered the parties' Joint Status Report 11 , it is hereby ordered that the parties file another joint report by August 2, 2018 and every thirty days thereafter. To the extent the report contains a proposed production and/or briefing schedule, the report shall also contain a proposed order. Signed by Judge Tanya S. Chutkan on 7/17/18. (DJS) (Entered: 07/17/2018)
2018-07-19Set/Reset Deadlines: Joint Status Report due by 8/2/2018. (tb) (Entered: 07/19/2018)
2018-08-0212Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 08/02/2018)
2018-10-0113Joint STATUS REPORT by HUGH CAMPBELL MCKINNEY. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 10/01/2018)
2018-12-17MINUTE ORDER: On 7/17/18 the court ordered the parties to file a Joint Status Report by 8/2/18 and every 30 days thereafter. The order also directed the parties to attach a proposed order should the joint status report contain a proposed production and/or briefing schedule. The parties filed a timely report on 8/2/18, but did not file a report in September. The parties also filed a report on 10/1/18, but have not filed another report since that time. By 12/21/18 the parties shall file a joint status report and, going forward, the parties shall file a joint report EVERY 60 days thereafter. A draft order shall be included to the extent the report contains a proposed production and/or briefing schedule. Failure to comply with this order may result in sanctions. Signed by Judge Tanya S. Chutkan on 12/17/18. (DJS) (Entered: 12/17/2018)
2018-12-19Set/Reset Deadlines: Joint Status Report due by 12/21/2018. (tb) (Entered: 12/19/2018)
2018-12-2114Joint STATUS REPORT by HUGH CAMPBELL MCKINNEY. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 12/21/2018)
2019-01-1815MOTION to Stay by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/18/2019)
2019-01-22MINUTE ORDER: Granting 15 Motion to Stay. This action is hereby STAYED. Defendant's 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)
2019-03-04MINUTE ORDER LIFTING STAY: Effective 1/25/19. The parties shall file a joint status report by 3/15/19 and EVERY 60 days thereafter. A draft order shall be included to the extent the report contains a proposed production and/or briefing schedule. Failure to comply with this order may result in sanctions. Signed by Judge Tanya S. Chutkan on 3/4/19. (DJS) (Entered: 03/04/2019)
2019-03-05Set/Reset Deadlines: Joint Status Report due by 3/15/2019. (tb) (Entered: 03/05/2019)
2019-03-1516Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 03/15/2019)
2019-03-1817NOTICE of Proposed Order - revised with proper date by HUGH CAMPBELL MCKINNEY re 16 Status Report (Watkins, Seth) (Entered: 03/18/2019)
2019-05-17MINUTE ORDER: In light of the parties' notification that this FOIA action has been resolved 16 17 , this matter is hereby dismissed. The parties shall file a joint status report on the issue of attorneys' fees by May 25, 2019. To the extent the report contains a proposed briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 5/17/19. (DJS) (Entered: 05/17/2019)
2019-05-20Set/Reset Deadlines: Joint Status Report due by 5/25/2019. (tb) (Entered: 05/20/2019)
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by FOIA Project Staff
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