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Case TitleLittle v. Wilkie et al
DistrictDistrict of South Carolina
CityAnderson/Greenwood
Case Number8:2018cv02275
Date Filed2018-08-15
Date ClosedOpen
JudgeHonorable Henry M Herlong, Jr
PlaintiffBessie L Little
Case DescriptionBessie Little filed suit against the Department of Veterans Affairs, claiming it had failed to disclose her records under FOIA.
Complaint issues: Failure to respond within statutory time limit

DefendantRobert Wilkie Secretary of the Dept of Veteran Affairs
DefendantJames M Byrne General Counsel, Dept of Veteran Affairs
DefendantMae Hazel FOIA Privacy Officer
DefendantMary Ann Wentzel VA Records & Management & Intake
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-151COMPLAINT against James M Byrne, Mae Hazel, Mary Ann Wentzel, Robert Wilkie, filed by Bessie L Little. Service due by 11/13/2018.(kmca) (Entered: 08/16/2018)
2018-08-153MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Bessie L Little. Response to Motion due by 8/29/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(kmca) (Entered: 08/16/2018)
2018-08-154Local Rule 26.01 Answers to Interrogatories by Bessie L Little.(kmca) (Entered: 08/16/2018)
2018-08-278TEXT ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jacquelyn D Austin on 8/27/2018.(gpre, ) (Entered: 08/27/2018)
2018-08-279PROPER FORM ORDER directing Plaintiff to notify the clerk in writing of any change of address. Case to be brought into proper form by 9/17/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 8/27/2018. (gpre, ) (Entered: 08/27/2018)
2018-08-2710***DOCUMENT MAILED 8 Order on Motion for Leave to Proceed in forma pauperis, 9 Proper Form Order, Summons form, USM-285 forms (4), placed in U.S. Mail to Bessie Little (gpre, ) (Entered: 08/27/2018)
2018-09-0713ORDER authorizing service of process by clerk and directing plaintiff to notify the clerk in writing of any change of address Signed by Magistrate Judge Jacquelyn D Austin on 9/7/2018. (kric, ) (Entered: 09/07/2018)
2018-09-0714***DOCUMENT MAILED 13 Order Service - Non-Inmate placed in U.S. Mail to Bessie L. Little (kric, ) (Entered: 09/07/2018)
2018-09-0715Summons Issued as to James M Byrne, Mae Hazel, Mary Ann Wentzel, Robert Wilkie. (kric, ) (Entered: 09/07/2018)
2018-09-0716Summons Issued as to James M Byrne. U.S. Attorney and U.S. Attorney General. Service due by 12/6/2018 (Attachments: # 1 Summons Attorney General)(kric, ) (Entered: 09/07/2018)
2018-10-2618SUMMONS Returned Executed Mae Hazel served on 9/17/2018, Mary Ann Wentzel served on 9/18/2018, Attorney General USA served on 9/19/2018, US Attorney District of SC served 9/17/2018, Answer due 11/16/2018. (gpre, ) (Entered: 10/26/2018)
2018-11-0519MOTION for Summary Judgment by James M Byrne, Mae Hazel, Mary Ann Wentzel, Robert Wilkie. Response to Motion due by 11/19/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1, Senators Correspondence, # 2 Exhibit 2, Notification)No proposed order.Motions referred to Jacquelyn D Austin.(Bowens, Barbara) (Attachment 1 replaced as provided by filing user on 11/13/2018) (gpre, ). (Entered: 11/05/2018)
2018-11-0520ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response to 19 MOTION for Summary Judgment due by 12/6/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 11/5/2018. (gpre, ) (Entered: 11/05/2018)
2018-11-0521***DOCUMENT MAILED 20 Roseboro Order, placed in U.S. Mail to Bessie Little (gpre, ) (Entered: 11/05/2018)
2018-11-1922Pro Se MOTION to Seal, Motion to Mediate by Bessie L Little ( Response to Motion due by 12/3/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ), by Bessie L Little. (Attachments: # 1 Supporting Documents)No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) (Entered: 11/19/2018)
2018-11-1923RESPONSE in Opposition re 19 MOTION for Summary Judgment. Response filed by Bessie L Little.Reply to Response to Motion due by 11/26/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Supporting Documents)(gpre, ) (Entered: 11/26/2018)
2018-12-0325REPLY to Response to Motion re 19 MOTION for Summary Judgment , 22 MOTION to Seal MOTION Mediate Response filed by James M Byrne, Mae Hazel, Mary Ann Wentzel, Robert Wilkie. (Bowens, Barbara) (Entered: 12/03/2018)
2018-12-0627AMENDED RESPONSE in Opposition re 19 MOTION for Summary Judgment Response filed by Bessie L Little.Reply to Response to Motion due by 12/13/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Supporting Documents)(gpre, ) (Entered: 12/07/2018)
2018-12-0730PRO SE REPLY to REPLY to Response to Motion re 19 MOTION for Summary Judgment , 22 MOTION to Seal. Reply filed by Bessie L Little. (Attachments: # 1 Supporting Documents, No Envelope)(gpre, ) (Entered: 12/11/2018)
2018-12-1231SUMMONS Returned Executed James M Byrne served on 11/29/2018, answer due 12/20/2018; Robert Wilkie served on 11/29/2018, answer due 12/20/2018. (Attachments: # 1 USPS tracking, # 2 USM-285, # 3 USPS tracking)(gpre, ) (Entered: 12/12/2018)
2019-02-0133MOTION to Expedite a final summary judgment by Bessie L Little. Response to Motion due by 2/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) (Entered: 02/01/2019)
2019-02-0734TEXT ORDER denying 22 pro se motion to seal and to mediate. Plaintiff seeks to seal "any filing pertaining to [this Freedom of Information Act] case." As Defendants argue, Plaintiff has failed to comply with Local Civil Rule 5.03. D.S.C. Moreover, Defendants have redacted any personal identifying information [see, e.g., Doc. 19-1 at 4], and Plaintiff has been warned to remove personal identifying information from documents before submitting them to the Court for filing [Doc. 9 at 4]. Additionally, Plaintiff's request for mediation is premature, as Defendants contend this case is moot. The Court will address Defendants' argument that the case is moot before ordering mediation. Signed by Magistrate Judge Jacquelyn D Austin on 2/7/2019.(gpre, ) (Entered: 02/07/2019)
2019-02-0735TEXT ORDER for supplemental briefing. Defendants contend this case is moot because the Department of Veterans Affairs ("VA") "has released the documents sought by [Plaintiff]." [Doc. 19 at 3.] More specifically, Defendants assert that "[t]he VA provided the information to Senator Graham's Office and notified Plaintiff that the information had been provided." [Id. at 2.] Although case law provides that "[i]f a person receives all the information he has requested under [the Freedom of Information Act ("FOIA")], even if the information was delivered late, his FOIA claim is moot to the extent that such information was sought," Von Grabe v. U.S. Dep't of Homeland Sec., 440 F. App'x 687, 688 (11th Cir. 2011), Defendants have failed to demonstrate in this case that Plaintiff received the documents she seeks in this case. Instead, Defendants have established only that the requested documents were sent to Senator Graham's office. Accordingly' by February 21, 2019, Defendants shall file a supplemental brief addressing whether Plaintiff has received the documents she seeks in this case, "[her] late husband['s] VA claims folder... as well as any temporary files and also all C&P Exams from 1941 to present." [Doc. 1 at 6.] Signed by Magistrate Judge Jacquelyn D Austin on 2/6/2019. (gpre, ) (Entered: 02/07/2019)
2019-02-0736***DOCUMENT MAILED 35 Order, 34 Order on Motion to Seal,,,, Order on Motion for Miscellaneous Relief, placed in U.S. Mail to Bessie Little (gpre, ) (Entered: 02/07/2019)
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