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Case Title(PS) Clavito v. U.S. Department of Veterans' Affairs
DistrictEastern District of California
CitySacramento
Case Number2:2018cv00431
Date Filed2018-02-26
Date ClosedOpen
JudgeMagistrate Judge Kendall J. Newman
PlaintiffJaime Y. Clavito
Case DescriptionJaime Clavito submitted a FOIA request to the Department of Veterans Affairs for records concerning his debt and collection schedule. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Clavito 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
Opinion/Order [4]
Opinion/Order [13]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-261COMPLAINT against U.S. Department of Veterans' Affairs by Jaime Y. Clavito. (Attachments: # 1 Civil Cover Sheet) (Fabillaran, J) (Entered: 02/27/2018)
2018-02-262MOTION to PROCEED IN FORMA PAUPERIS by Jaime Y. Clavito. (Fabillaran, J) (Entered: 02/27/2018)
2018-02-27APPLICATION TO PROCEED IFP filed - Action Required. (Fabillaran, J) (Entered: 02/27/2018)
2018-03-193FIRST AMENDED COMPLAINT against U.S. Department of Veterans' Affairs by Jaime Y. Clavito.(Becknal, R) (Entered: 03/20/2018)
2018-04-034ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/2018 DENYING 2 Plaintiff's Motion to Proceed IFP; Within 28 days of this order, plaintiff shall pay the applicable filing fee; However, the court will entertain a request for a reasonable extension of time to pay the fee should such an extension be necessary; failure to timely pay the filing fee, or timely request an extension of time to do so, may result in dismissal of the action pursuant to FRCP 41(b). (Reader, L) (Entered: 04/03/2018)
2018-04-03SERVICE BY MAIL: 4 Order on Motion to Proceed in forma pauperis, served on Jaime Y. Clavito. (Reader, L) (Entered: 04/03/2018)
2018-04-09RECEIPT number #CAE200089172 $400.00 Civil Filing Fee fbo Jaime Y. Clavito by Jaime Y. Clavito on 4/9/2018. [TEXT ONLY] (Reader, L) (Entered: 04/09/2018)
2018-04-115SUMMONS ISSUED as to *U.S. Department of Veterans' Affairs* with answer to complaint due within *30* days. Attorney *Jaime Y. Clavito* *5100 N. Hwy 99* *#76* *Stockton, California 95212*. (Reader, L) (Entered: 04/11/2018)
2018-04-116CIVIL NEW CASE DOCUMENTS ISSUED Initial Scheduling Conference set for 8/23/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Consent Form) (Reader, L) (Entered: 04/11/2018)
2018-04-11SERVICE BY MAIL: 6 Civil New Case Documents, 5 Summons served on Jaime Y. Clavito. (Reader, L) (Entered: 04/11/2018)
2018-04-237CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Jaime Y. Clavito. (Mena-Sanchez, L) (Entered: 04/24/2018)
2018-04-238SUMMONS RETURNED EXECUTED: U.S. Department of Veterans' Affairs served on 4/20/2018. (Mena-Sanchez, L) (Entered: 04/24/2018)
2018-05-309ANSWER by U.S. Department of Veterans' Affairs. Attorney Ernce, Lynn Trinka added. (Attachments: # 1 Proof of Service)(Ernce, Lynn) (Entered: 05/30/2018)
2018-08-1510STATUS REPORT by U.S. Department of Veterans' Affairs. (Attachments: # 1 Proof of Service)(Ernce, Lynn) (Entered: 08/15/2018)
2018-08-1711CONSENT to JURISDICTION of US MAGISTRATE JUDGE by U.S. Department of Veterans' Affairs. (Attachments: # 1 Proof of Service)(Ernce, Lynn) (Entered: 08/17/2018)
2018-08-1712MINUTE ORDER issued by Courtroom Deputy A. Waldrop for Magistrate Judge Kendall J. Newman on 8/17/2018: On the Court's own motion, the 8/23/2018 Status (Initial Scheduling) Conference is VACATED. A formal written order will issue in this case. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 08/17/2018)
2018-08-17SERVICE BY MAIL: 12 Minute Order served on Jaime Y. Clavito. (Waldrop, A) (Entered: 08/17/2018)
2018-08-2113ORDER signed by Magistrate Judge Kendall J. Newman on 8/21/2018 STAYING Discovery in this action pending further order of the court. The VA shall file any motion for summary judgment within 60 days of this order. Plaintiff shall file any opposition to the motion for summary judgment no later than 14 days prior to the hearing date. The VA shall file its reply brief no later than 7 days prior to the hearing date. Upon resolution of the VA's motion for summary judgment, the court will issue a further scheduling order, if necessary. (York, M) (Entered: 08/21/2018)
2018-08-2114CONSENT ORDER signed by District Judge John A. Mendez on 8/17/2018 REASSIGNING and REFERRING Case to Magistrate Judge Kendall J. Newman for all proceedings and entry of final judgment. Any hearing dates currently set before Judge Mendez are VACATED. The case number on all future documents shall be: 2:18-cv-00431-KJN. (York, M) (Entered: 08/21/2018)
2018-08-21SERVICE BY MAIL: 13 and 14 Orders served on Jaime Y. Clavito. (York, M) (Entered: 08/21/2018)
2018-10-1915MOTION to DISMISS for LACK of JURISDICTION by U.S. Department of Veterans' Affairs. Motion Hearing set for 12/6/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Memorandum, # 2 Separate Statement of Undisputed Material Facts, # 3 Declaration of John W. Scott, # 4 Declaration of John W. Eaton, # 5 Declaration of Tracy Knight, # 6 Proof of Service) (Ernce, Lynn) (Entered: 10/19/2018)
2018-10-2216[DISREGARD- Attorney to refile with correct pdf] NOTICE to RESCHEDULE HEARING on 15 Motion to Dismiss : Motion Hearing set for 12/13/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Ernce, Lynn) Modified on 10/22/2018 (Donati, J). (Entered: 10/22/2018)
2018-10-2217NOTICE to RESCHEDULE HEARING on 15 Motion to Dismiss for Lack of Jurisdiction: Motion Hearing set for 12/13/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Ernce, Lynn) (Entered: 10/22/2018)
2018-10-2218CERTIFICATE of SERVICE by U.S. Department of Veterans' Affairs re 17 Notice to Reschedule Hearing on Motion. (Ernce, Lynn) (Entered: 10/22/2018)
2018-11-0519OPPOSITION by Plaintiff Jaime Y. Clavito to 15 Motion to Dismiss for Lack of Jurisdiction. (Coll, A) (Entered: 11/06/2018)
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by FOIA Project Staff
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