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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF VETERANS AFFAIRS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02463
Date Filed2018-10-25
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Veterans Affairs for communications between agency officials and Isaac Perlmutter, Bruce Moskowitz, or Jared Kushner. The agency acknowledged the requests, provided a partial response, and told American Oversight that 56 pages had been referred to the White House for review. American Oversight also requested communications pertaining to a broader group of recipients. American Oversight also submitted a FOIA request to the Department of Defense for records concerning communications between three DOD officials pertaining to the Concerned Veterans of America. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, 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 DEFENSE
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

2018-10-251COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number 0090-5758881) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(McGrath, Daniel) (Entered: 10/25/2018)
2018-10-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 10/25/2018)
2018-10-29Case Assigned to Judge Ketanji Brown Jackson. (zrdj) (Entered: 10/29/2018)
2018-10-293SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 10/29/2018)
2018-11-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/29/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/28/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/5/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 11/5/2018; U.S. DEPARTMENT OF VETERANS AFFAIRS served on 11/5/2018 (Attachments: # 1 Declaration)(McGrath, Daniel) (Entered: 11/08/2018)
2018-11-085GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 11/8/2018. (lckbj1) (Entered: 11/08/2018)
2018-11-286NOTICE of Appearance by Denise M. Clark on behalf of U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF VETERANS AFFAIRS (Clark, Denise) (Entered: 11/28/2018)
2018-11-287ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF VETERANS AFFAIRS.(Clark, Denise) (Entered: 11/28/2018)
2018-12-17MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 5 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 1/7/2019. Signed by Judge Ketanji Brown Jackson on 12/17/2018. (lckbj1) Modified on 12/17/2018 (zgdf). (Entered: 12/17/2018)
2019-01-078Unopposed MOTION to Stay (Defendants' Unopposed Motion to Stay Proceedings in Light of Lapse of Appropriations) by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF VETERANS AFFAIRS (Clark, Denise) (Entered: 01/07/2019)
2019-01-07MINUTE ORDER granting 8 Motion to Stay in light of lapse of appropriations. For good cause shown, it is hereby ORDERED that this case is STAYED as applied to the duties of the Department of Justice attorneys. Counsel for Defendant shall notify the Court as soon as Congress has appropriated funds; at that point, the Court will enter an order resetting the applicable deadlines, which will be extended day-for-day with the duration of the lapse in appropriations. Signed by Judge Ketanji Brown Jackson on 1/7/2019. (lckbj1) (Entered: 01/07/2019)
2019-01-289NOTICE of Restored Government Funding by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF VETERANS AFFAIRS (Clark, Denise) (Entered: 01/28/2019)
2019-02-05MINUTE ORDER. Defendant has provided notice that that an appropriations act providing funding to the Department of Justice for a three-week period of time was enacted on January 25, 2019 (ECF No. 9 .) Accordingly, it is hereby ORDERED that the stay in this matter is lifted, and that on or before 2/15/2019, the parties shall file a joint proposed schedule for further proceedings, including three proposed dates and times for the mid-discovery status conference that was previously set for 1/22/2019. Signed by Judge Ketanji Brown Jackson on 1/29/2019. (lckbj1) (Entered: 02/05/2019)
2019-02-1510Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Clark, Denise) (Entered: 02/15/2019)
2019-02-20MINUTE ORDER. In light of the representations in the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 3/15/2019, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/20/2019. (lckbj1) (Entered: 02/20/2019)
2019-03-1511Joint STATUS REPORT by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 03/15/2019)
2019-03-18MINUTE ORDER. In light of the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 4/16/2019, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 3/18/2019. (lckbj1) (Entered: 03/18/2019)
2019-04-1612Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Clark, Denise) (Entered: 04/16/2019)
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