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Case TitleReclaim the Records et al v. United States Department of Veterans Affairs
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv08449
Date Filed2018-09-17
Date ClosedOpen
JudgeJudge Paul A. Engelmayer
PlaintiffReclaim the Records
PlaintiffBrooke Schreier Ganz
Case DescriptionReclaim the Records and Brooke Schreiber Ganz submitted a FOIA request to the Department of Veterans Affairs for records concerning the BIRLS Death File, which Ganz told the agency had previously been made public to two genealogy websites. The agency acknowledged receipt of the request but told Ganz that the current database could not be disclosed because of privacy concerns under Exemption 6 (invasion of privacy). Ganz filed an administrative appeal and the agency told her the database was actually maintained by the Veterans Health Administration. VHA denied her request, telling her that the previous disclosure of the database to Ancestry.com was erroneous and had led to data breaches of veterans' private information. Ganz filed an administrative appeal of the VHA denial, but after hearing nothing further from the agency, Reclaim the Records and Ganz filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Veterans Affairs including its Components, the Office of General Counsel, the Veterans Benefits Administration, and the Veterans Health Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-171COMPLAINT against United States Department of Veterans Affairs. (Filing Fee $ 400.00, Receipt Number 0208-15579397)Document filed by Reclaim the Records, Brooke Schreier Ganz.(Rankin, David) (Entered: 09/17/2018)
2018-09-172AMENDED COMPLAINT amending 1 Complaint against United States Department of Veterans Affairs.Document filed by Reclaim the Records, Brooke Schreier Ganz. Related document: 1 Complaint. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Rankin, David) (Entered: 09/17/2018)
2018-09-173FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Rankin, David) Modified on 9/18/2018 (pne). (Entered: 09/17/2018)
2018-09-174REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Veterans Affairs, re: 1 Complaint, 2 Amended Complaint,. Document filed by Reclaim the Records, Brooke Schreier Ganz. (Rankin, David) (Entered: 09/17/2018)
2018-09-18***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Bruce Rankin to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason: MULTIPLE NATURES OF SUIT SELECTED (440 & 895); PLEASE SELECT ONLY ONE. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) (Entered: 09/18/2018)
2018-09-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pne) (Entered: 09/18/2018)
2018-09-18Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pne) (Entered: 09/18/2018)
2018-09-18Case Designated ECF. (pne) (Entered: 09/18/2018)
2018-09-18***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Bruce Rankin. The party information for the following party/parties has been modified: United States Department of Veterans Affairs. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) (Entered: 09/18/2018)
2018-09-185CIVIL COVER SHEET filed. (Rankin, David) (Entered: 09/18/2018)
2018-09-186ELECTRONIC SUMMONS ISSUED as to United States Department of Veterans Affairs. (pne) (Entered: 09/18/2018)
2018-10-017SUMMONS RETURNED EXECUTED. United States Department of Veterans Affairs served on 9/25/2018, answer due 10/16/2018. Service was accepted by Daniel Kennedy, Paralegal. Document filed by Reclaim the Records; Brooke Schreier Ganz. (Rankin, David) (Entered: 10/01/2018)
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