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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF VETERANS AFFAIRS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00656
Date Filed2018-03-22
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Veterans Affairs and 16 other agencies for the names and titles of employees in Presidential-appointed positions. The agencies acknowledged receipt of the requests. The Department of Homeland Security asked American Oversight for clarification, which it provided. However, after hearing nothing further from any of the agencies, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF VETERANS AFFAIRS
DefendantU.S. DEPARTMENT OF AGRICULTURE
DefendantU.S. DEPARTMENT OF AGRICULTURE
TERMINATED: 10/01/2018
DefendantU.S. DEPARTMENT OF COMMERCE
DefendantU.S. DEPARTMENT OF COMMERCE
TERMINATED: 11/13/2018
DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF DEFENSE
TERMINATED: 10/01/2018
DefendantU.S. DEPARTMENT OF EDUCATION
DefendantU.S. DEPARTMENT OF ENERGY
DefendantU.S. DEPARTMENT OF ENERGY
TERMINATED: 10/01/2018
DefendantU.S. GENERAL SERVICES ADMINISTRATION
DefendantU.S. GENERAL SERVICES ADMINISTRATION
TERMINATED: 06/20/2018
DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
TERMINATED: 11/13/2018
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF LABOR
DefendantU.S. DEPARTMENT OF LABOR
TERMINATED: 06/21/2018
DefendantU.S. DEPARTMENT OF TRANSPORTATION
DefendantU.S. DEPARTMENT OF TRANSPORTATION
TERMINATED: 10/01/2018
DefendantU.S. DEPARTMENT OF THE TREASURY
DefendantU.S. DEPARTMENT OF THE TREASURY
TERMINATED: 11/13/2018
DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
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Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
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Complaint attachment 24
Complaint attachment 25
Complaint attachment 26
Complaint attachment 27
Complaint attachment 28
Complaint attachment 29
Complaint attachment 30
Opinion/Order [11]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-221COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5384436) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons to USAO, # 13 Summons to AG, # 14 Summons to VA, # 15 Summons to USDA, # 16 Summons to Commerce, # 17 Summons to DOD, # 18 Summons to Education, # 19 Summons to DOE, # 20 Summons to GSA, # 21 Summons to EPA, # 22 Summons to HHS, # 23 Summons to DHS, # 24 Summons to HUD, # 25 Summons to DOI, # 26 Summons to DOJ, # 27 Summons to DOL, # 28 Summons to DOT, # 29 Summons to Treasury, # 30 Summons to OMB)(Creighton, Sara) (Entered: 03/22/2018)
2018-03-222LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 03/22/2018)
2018-03-22Case Assigned to Judge Colleen Kollar-Kotelly. (zmd) (Entered: 03/23/2018)
2018-03-263SUMMONS (19) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. GENERAL SERVICES ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (tth) (Additional attachment(s) added on 3/26/2018: # 1 Notice and Consent) (tth). (Entered: 03/26/2018)
2018-03-284Case Randomly Reassigned to Chief Judge Beryl A. Howell. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (rj) (Entered: 03/29/2018)
2018-03-315STANDING ORDER. Signed by Chief Judge Beryl A. Howell on March 31, 2018. (lcbah2) (Entered: 03/31/2018)
2018-04-306NOTICE of Appearance by Jeremy S. Simon on behalf of All Defendants (Simon, Jeremy) (Entered: 04/30/2018)
2018-05-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 5/9/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/9/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 4/9/2018; U.S. DEPARTMENT OF AGRICULTURE served on 4/9/2018; U.S. DEPARTMENT OF COMMERCE served on 4/9/2018; U.S. DEPARTMENT OF DEFENSE served on 4/9/2018; U.S. DEPARTMENT OF EDUCATION served on 4/9/2018; U.S. DEPARTMENT OF ENERGY served on 4/9/2018; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/9/2018; U.S. DEPARTMENT OF HOMELAND SECURITY served on 4/9/2018; U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 4/9/2018; U.S. DEPARTMENT OF JUSTICE served on 4/9/2018; U.S. DEPARTMENT OF LABOR served on 4/9/2018; U.S. DEPARTMENT OF THE INTERIOR served on 4/9/2018; U.S. DEPARTMENT OF THE TREASURY served on 4/9/2018; U.S. DEPARTMENT OF TRANSPORTATION served on 4/9/2018; U.S. DEPARTMENT OF VETERANS AFFAIRS served on 4/9/2018; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 4/9/2018; U.S. GENERAL SERVICES ADMINISTRATION served on 4/9/2018 (Attachments: # 1 Exhibit A)(Creighton, Sara) (Entered: 05/01/2018)
2018-05-088MOTION to Sever Claims , MOTION to Stay Response to Complaint Pending Resolution of Motion to Sever by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. GENERAL SERVICES ADMINISTRATION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/08/2018)
2018-05-09MINUTE ORDER (paperless) GRANTING the part of the defendants' 8 Motion to Stay Defendants' Response to Complaint until resolution of the part seeking the defendants' 8 Motion to Sever Claims. Accordingly, the defendants' response to the complaint in this matter is STAYED until resolution of the defendants' 8 Motion to Sever Claims, and the following SCHEDULING ORDER is ISSUED to control further proceedings in this matter: (1) the plaintiff shall file, by May 22, 2018, any opposition to the defendants 8 Motion to Sever Claims; and (2) the defendants shall file, by May 29, 2018, any reply in further support of their 8 Motion to Sever Claims. Signed by Chief Judge Beryl A. Howell on May 9, 2018. (lcbah2) (Entered: 05/09/2018)
2018-05-09Set/Reset Deadlines: Opposition to 8 Motion to Sever Claims due by 5/22/2018; Reply due by 5/29/2018. (tg) (Entered: 05/09/2018)
2018-05-229Memorandum in opposition to re 8 MOTION to Sever Claims MOTION to Stay Response to Complaint Pending Resolution of Motion to Sever filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Creighton, Sara) (Entered: 05/22/2018)
2018-05-2710REPLY to opposition to motion re 8 MOTION to Sever Claims MOTION to Stay Response to Complaint Pending Resolution of Motion to Sever filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. GENERAL SERVICES ADMINISTRATION. (Simon, Jeremy) (Entered: 05/27/2018)
2018-06-0211MEMORANDUM OPINION AND ORDER DENYING the defendants' 8 Motion to Sever Claims, and DIRECTING that the defendants shall file an answer or otherwise respond to the Complaint within twenty days of this Order. See Memorandum Opinion and Order for further details. Signed by Chief Judge Beryl A. Howell on June 2, 2018. Signed by Chief Judge Beryl A. Howell on June 2, 2018. (lcbah2) ( Modified on 6/4/2018, to correct typographical changes.)(ztg). (Entered: 06/02/2018)
2018-06-2012NOTICE of Voluntary Dismissal re U.S. General Services Administration (Creighton, Sara) (Entered: 06/20/2018)
2018-06-2113NOTICE of Voluntary Dismissal re U.S. Department of Labor (Creighton, Sara) (Entered: 06/21/2018)
2018-06-2214ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. ENVIRONMENTAL PROTECTION AGENCY.(Simon, Jeremy) (Entered: 06/22/2018)
2018-07-0315Consent MOTION for Extension of Time to File Joint Status Report by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/03/2018)
2018-07-04MINUTE ORDER (paperless) GRANTING the defendants' 15 Consent Motion for Extension of Time to File Joint Status Report, and DIRECTING the parties to file, by July 23, 2018, a joint status report, as required by paragraph 3(b)(ii) of the 5 Standing Order. Signed by Chief Judge Beryl A. Howell on July 4, 2018. (lcbah2) (Entered: 07/04/2018)
2018-07-05Set/Reset Deadlines: Joint Status Report due by 7/23/2018. (tg) (Entered: 07/05/2018)
2018-07-2316Joint STATUS REPORT of the Parties by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 07/23/2018)
2018-07-24MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, that the parties file, by September 6, 2018, a further joint status report with a proposed schedule for the filing of any dispositive motions. Signed by Chief Judge Beryl A. Howell on July 24, 2018. (lcbah2) (Entered: 07/24/2018)
2018-07-25Set/Reset Deadlines: Joint Status Report due by 9/6/2018. (tg) (Entered: 07/25/2018)
2018-08-2217MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hart W. Wood, :Firm- American Oversight, :Address- 1030 15th Street NW B-255, Washington, DC 20005. Phone No. - (202) 897-3918. Fax No. - (202) 871-6523 Filing fee $ 100, receipt number 0090-5653117. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Hart W. Wood)(Creighton, Sara) (Entered: 08/22/2018)
2018-08-22MINUTE ORDER (paperless) GRANTING the plaintiff's 17 Motion for Admission of Attorney Pro Hac Vice of Hart W. Wood. Hart W. Wood may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Chief Judge Beryl A. Howell on August 22, 2018. (lcbah2) (Entered: 08/22/2018)
2018-09-0618Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 09/06/2018)
2018-09-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 18 Joint Status Report, that the parties file, by September 28, 2018, a further joint status report with a proposed schedule for the filing of any dispositive motions. Signed by Chief Judge Beryl A. Howell on September 18, 2018. (lcbah2) (Entered: 09/18/2018)
2018-09-18Set/Reset Deadlines: Joint Status Report due by 9/28/2018. (tg) (Entered: 09/18/2018)
2018-09-2819Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 09/28/2018)
2018-09-2820STIPULATION of Dismissal of Defendants Department of Energy, Department of Agriculture, Department of Defense, and Department of Transportation by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 09/28/2018)
2018-10-01MINUTE ORDER (paperless) DISMISSING the plaintiff's claims against the defendants Department of Energy, Department of Agriculture, Department of Defense, and Department of Transportation, with prejudice, pursuant to the parties' 20 Joint Stipulation of Dismissal. Signed by Chief Judge Beryl A. Howell on October 1, 2018. (lcbah2) (Entered: 10/01/2018)
2018-10-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, that the parties file, by October 24, 2018, a further joint status report with a proposed schedule for the filing of any dispositive motions. Signed by Chief Judge Beryl A. Howell on October 1, 2018. (lcbah2) (Entered: 10/01/2018)
2018-10-01Set/Reset Deadlines: Joint Status Report due by 10/24/2018. (tg) (Entered: 10/01/2018)
2018-10-2421Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 10/24/2018)
2018-10-25MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 21 Joint Status Report, that the parties file, by November 27, 2018, a further joint status report with a proposed schedule for the filing of any dispositive motions. Signed by Chief Judge Beryl A. Howell on October 25, 2018. (lcbah2) (Entered: 10/25/2018)
2018-10-25Set/Reset Deadlines: Joint Status Report due by 11/27/2018. (tg) (Entered: 10/25/2018)
2018-11-0922STIPULATION of Dismissal as to Defendants U.S. Department of Commerce, U.S. Environmental Protection Agency, and U.S. Department of the Treasury by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 11/09/2018)
2018-11-13MINUTE ORDER (paperless) DISMISSING the plaintiff's claims against the defendants Department of Commerce, Environmental Protection Agency, and Department of Treasury, with prejudice, pursuant to the parties' 22 Joint Stipulation of Dismissal. Signed by Chief Judge Beryl A. Howell on November 13, 2018. (lcbah2) (Entered: 11/13/2018)
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