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Case TitleWESTERN STAR HOSPITAL AUTHORITY INC. v. UNITED STATES DEPARTMENT OF VETERAN AFFAIRS
DistrictWestern District of Pennsylvania
CityPittsburgh
Case Number2:2018cv01011
Date Filed2018-07-31
Date ClosedOpen
JudgeJudge David S. Cercone
PlaintiffWESTERN STAR HOSPITAL AUTHORITY INC.
trading and doing business as METRO HEALTH EMS
Case DescriptionWestern Star Hospital Authority submitted a FOIA request to the Department of Veterans Affairs for records gathered by the Administrative Investigation Board concerning Metro Health's claim against the hospital authority. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Western Star Hospital Authority filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF VETERAN AFFAIRS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-311COMPLAINT against UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (Filing fee, including Administrative fee, $400, receipt number 0315-4812462), filed by WESTERN STAR HOSPITAL AUTHORITY INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (dm) (Entered: 07/31/2018)
2018-07-312Disclosure Statement identifying None as corporate parent or other affiliate, by WESTERN STAR HOSPITAL AUTHORITY INC.. (dm) (Entered: 07/31/2018)
2018-08-013MOTION for attorney Phinorice J. Boldin to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4813140) by WESTERN STAR HOSPITAL AUTHORITY INC.. (Attachments: # 1 Exhibit A) (Boldin, Phinorice) (Entered: 08/01/2018)
2018-08-014MOTION for attorney Laura A. Seider to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4813167) by WESTERN STAR HOSPITAL AUTHORITY INC.. (Attachments: # 1 Exhibit A) (Seider, Laura) (Entered: 08/01/2018)
2018-08-01CLERK'S OFFICE QUALITY CONTROL MESSAGE re 4 Motion to Appear Pro Hac Vice, 3 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (sdp) (Entered: 08/01/2018)
2018-08-065ORDER OF RECUSAL. Magistrate Judge Lisa Pupo Lenihan recused. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/06/2018. (jmb) (Entered: 08/06/2018)
2018-08-07Judge David S. Cercone is presiding. (mao) (Entered: 08/07/2018)
2018-08-086TEXT-ORDER granting 3 Motion for Appearance Pro Hac Vice of Attorney Phinorice J. Boldin on behalf of plaintiff. Signed by Judge David S. Cercone on 8/8/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt) (Entered: 08/08/2018)
2018-08-087TEXT-ORDER granting 4 Motion for Appearance Pro Hac Vice of Attorney Laura A. Seider on behalf of plaintiff. Signed by Judge David S. Cercone on 8/8/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt) (Entered: 08/08/2018)
2018-09-068NOTICE of Appearance by Karen Gal-Or on behalf of UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Gal-Or, Karen) (Entered: 09/06/2018)
2018-09-069MOTION for Extension of Time to File Answer re 1 Complaint, filed by WESTERN STAR HOSPITAL AUTHORITY INC. by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 09/06/2018)
2018-09-0710ORDER granting 9 Motion for Extension of Time to Answer, Plead or Otherwise Respond to Complaint. Defendant's answer or other response due by 10/22/18. Signed by Judge David S. Cercone on 9/7/18. (njt) (Entered: 09/07/2018)
2018-09-2011PRAECIPE to Issue Summons by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Summons) (Boldin, Phinorice) (Entered: 09/20/2018)
2018-09-2012PRAECIPE to Issue Summons by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Summons) (Boldin, Phinorice) (Entered: 09/20/2018)
2018-09-2013PRAECIPE to Issue Summons by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Summons) (Boldin, Phinorice) (Entered: 09/20/2018)
2018-09-2014Summons Issued as to UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (nll) (Entered: 09/20/2018)
2018-09-2015Summons Issued as to UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (nll) (Entered: 09/20/2018)
2018-09-2016Summons Issued as to UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (nll) (Entered: 09/20/2018)
2018-09-2017PRAECIPE to Issue Summons by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Summons) (Boldin, Phinorice) (Entered: 09/20/2018)
2018-09-2018Summons Issued as to UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (nll) (Entered: 09/20/2018)
2018-09-2619NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (njt) (Entered: 09/26/2018)
2018-09-2620ORDER scheduling Initial Case Management Conference for 11/8/18 at 11:30 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 10/19/18. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 10/29/18. Signed by Judge David S. Cercone on 9/26/18. (Attachments: # 1 Exhibit A - Stipulation Selecting ADR Process; and # 2 Exhibit B - Rule 26 Report Form) (njt) (Entered: 09/26/2018)
2018-10-0221MOTION, re 20 Order, to Reschedule Initial Case Management Conference by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) Modified on 10/2/2018. (jjg) (Entered: 10/02/2018)
2018-10-0322ORDER granting defendant's 21 Motion to Reschedule Initial Case Management Conference. Initial Case Management Conference currently set for 11/8/18 is hereby RESCHEDULED to 11/19/18 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. Signed by Judge David S. Cercone on 10/3/18. (njt) (Entered: 10/03/2018)
2018-10-03RESET CONFERENCES: Initial Case Management Conference set for 11/19/2018 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. Text-only entry; no PDF document to issue. This text-only entry constitutes the Court's Order or Notice on this matter. (njt) (Entered: 10/03/2018)
2018-10-2223ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Gal-Or, Karen) (Entered: 10/22/2018)
2018-10-2924REPORT of Rule 26(f) Planning Meeting. (Gal-Or, Karen) (Entered: 10/29/2018)
2018-11-1925Minute Entry for Case Management Conference held before Judge David S. Cercone on 11/19/2018: Laura A. Seider, Esq. appointed liaison counsel for ADR purposes. The parties shall file the ADR Stipulation selecting the ADR Process and the Neutral on or before 11/26/18. The ADR must be completed by 1/18/19. Parties agree to the following schedule for dispositive motions: (1) Motions for Summary Judgments shall be filed on or before January 18, 2019; (2) Responses shall be filed on or before February 19, 2019; and (3) Replies shall be filed on or before February 26, 2019. Non-Jury Case Management Order setting forth summary judgment schedule and FRE 502(d) Implementation Order to follow. (Court Reporter: none) (jmc) (Entered: 11/19/2018)
2018-11-1926MOTION to Waive ADR Requirement by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 11/19/2018)
2018-11-2027ORDER - Response re 26 Motion to Waive ADR Requirement. Response to Motion due by 11/30/2018. Signed by Judge David S. Cercone on 11/20/18. (jmc) (Entered: 11/20/2018)
2018-11-2628Joint MOTION for Extension of Time to File Stipulation Selecting ADR Process by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 11/26/2018)
2018-11-2829ORDER granting 28 Motion for Extension of Time to File ADR Stipulation.ADR Stipulation due by 12/3/2018. If parties are unable to agree, each party shall set forth on the ADR Stipulation their preference for the ADR process and their preferred neutral, and the Court will make the final selection. Signed by Judge David S. Cercone on 11/28/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc) (Entered: 11/28/2018)
2018-11-2830CASE MANAGEMENT ORDER: The Parties agree to the following schedule for dispositive motions: Motions for Summary Judgement shall be filed on or before January 18, 2019; Responses shall be filed on or before February 19, 2019 and Replies shall be filed on or before February 26, 2019. Signed by Judge David S. Cercone on 11/28/18. (kak) (Entered: 11/28/2018)
2018-11-2831ORDER implementing Rule 502(d) at the Joint Request of the Parties. Signed by Judge David S. Cercone on 11/28/18. (kak) (Entered: 11/28/2018)
2018-11-3032BRIEF in Opposition re 26 Motion to waive ADR requirement filed by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Proposed Order) (Boldin, Phinorice) Modified text on 12/3/2018. (jjg) (Entered: 11/30/2018)
2018-12-0333STIPULATION selecting ADR process by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Gal-Or, Karen) (Entered: 12/03/2018)
2018-12-0634ORDER denying 26 Motion to Waive ADR Requirement. The parties shall participate in the Court's mandatory ADR program. IT IS FURTHER ORDERED that the ADR process shall be an Early Neutral Evaluation before Judge Benson and shall be completed within sixty (60) days of the date of this Order. Signed by Judge David S. Cercone on 12/6/18. (jmc) (Entered: 12/06/2018)
2018-12-0735ORDER REFERRING CASE to Early Neutral Evaluation. Kenneth Benson is appointed as an evaluator. ENE conference shall be conducted by 2/6/19. The report of Evaluator shall be electronically filed within 7 days of the ENE conference. Laura A. Seider, Esquire is designated as lead counsel. Evaluator KENNETH BENSON is added. Signed by Judge David S. Cercone on 12/7/18. (kak) (Entered: 12/07/2018)
2018-12-0736Consent MOTION Requesting Leave for Agency Counsel to Participate in ADR Session Telephonically by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 12/07/2018)
2018-12-1137ORDER granting 36 Motion Requesting Leave for Agency Counsel to Participate in ADR Session by Telephone. Signed by Judge David S. Cercone on 12/11/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc) (Entered: 12/11/2018)
2019-02-0438Joint MOTION To Reset Deadline by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 02/04/2019)
2019-02-0739ORDER granting the parties' 38 Joint Motion to Reset Deadlines. ADR to be completed by 4/1/19. Motions for Summary Judgment due by 4/1/19. Response to Motions for Summary Judgment due by 5/1/19. Reply Briefs due by 5/15/19. Signed by Judge David S. Cercone on 2/7/19. (njt) (Entered: 02/07/2019)
2019-02-07UPDATE DEADLINES: Deadline to complete ADR extended to 4/1/19. Motions for Summary Judgment due by 4/1/19. Response to Motions for Summary Judgment due by 5/1/19. Reply Briefs due by 5/15/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (njt) (Entered: 02/07/2019)
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by FOIA Project Staff
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