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Case TitleWhittecar v. United States Department of Veterans Affairs et al
DistrictDistrict of Wyoming
CityCheyenne
Case Number2:2019cv00164
Date Filed2019-08-08
Date Closed2020-05-15
JudgeHonorable Scott W Skavdahl
PlaintiffHoward R Whittecar
Case DescriptionHoward Whittecar, a disabled Navy veteran, submitted a FOIA request through his attorney to the Department of Veterans Affairs for records concerning his VA file. The agency acknowledged receipt of the request but claimed that providing the records to Whittecar's attorney would be an invasion of privacy. Whittecar's attorney filed an administrative appeal. The agency upheld its initial decision to deny the records. Whittecar then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Department of Veterans Affairs
DefendantDepartment of Veterans Affairs Secretary in his official capacity
also known as Robert Wilkie
DefendantUnited States Department of Veterans Affairs Secretary in his official capacity
also known as Robert Wilkie
DefendantDepartment of Veterans Affairs General Counsel in his official capacity
also known as James Byrne
DefendantUnited States Department of Veterans Affairs General Counsel in his official capacity
also known as James Byrne
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-081COMPLAINT for Declaratory and Injunctive Relief filed by Howard R Whittecar (4 summonses issued; Filing fee $400, receipt #CHY031412) (Attachments: # 1 Civil Cover Sheet) (Court Staff, sbh) (Entered: 08/08/2019)
2019-08-152NOTICE of Attorney Appearance by Albert Kenneth Walsh on behalf of Howard R Whittecar (Walsh, Albert) (Entered: 08/15/2019)
2019-08-153First SUMMONS Returned Executed by Howard R Whittecar. United States Department of Veterans Affairs served on 8/12/2019, answer due on 09/11/2019. Served through the Mark A. Klaassen/U.S. Attorney's Office for District of Wyoming. (Walsh, Albert) Modified answer date on 8/15/2019 (Court Staff, sjlg). (Entered: 08/15/2019)
2019-08-15Set/Reset Deadlines/Hearings: United States Department of Veterans Affairs answer due 9/11/2019 (Court Staff, sjlg) (Entered: 08/15/2019)
2019-08-154NOTICE of complexity by Plaintiff Howard R Whittecar ; this case is non-complex. (Walsh, Albert) (Entered: 08/15/2019)
2019-09-095NOTICE of Attorney Appearance by C Levi Martin on behalf of United States Department of Veterans Affairs, United States Department of Veterans Affairs General Counsel, United States Department of Veterans Affairs Secretary (Martin, C) (Entered: 09/09/2019)
2019-09-096MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Extension of Time (Non-Dispositive) requesting extension of Time to Respond to the Complaint filed by Defendants United States Department of Veterans Affairs, United States Department of Veterans Affairs General Counsel, United States Department of Veterans Affairs Secretary. (Attachments: # 1 Proposed Order)(Martin, C) (Entered: 09/09/2019)
2019-09-107ORDER by the Honorable Kelly H Rankin granting 6 Motion for Extension of Time (Court Staff, sem) (Entered: 09/10/2019)
2019-09-258MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants United States Department of Veterans Affairs, United States Department of Veterans Affairs General Counsel, United States Department of Veterans Affairs Secretary. (Attachments: # 1 Exhibit)(Martin, C) (Entered: 09/25/2019)
2019-09-259MEMORANDUM in Support of 8 Motion to Dismiss/Lack of Jurisdiction, filed by Defendants United States Department of Veterans Affairs, United States Department of Veterans Affairs General Counsel, United States Department of Veterans Affairs Secretary. (Martin, C) (Entered: 09/25/2019)
2019-10-0910First MOTION for Extension of Time (Dispositive) requesting extension of Deadline to Respond to Motion to Dismiss filed by Plaintiff Howard R Whittecar. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Extension)(Walsh, Albert) (Entered: 10/09/2019)
2019-10-0911(TEXT-ONLY) ORDER by the Honorable Scott W Skavdahl granting 10 Motion for Extension of Time. Plaintiff shall have until November 8, 2019 to respond to Defendants' Motion to Dismiss.(Court Staff, skh) (Entered: 10/09/2019)
2019-11-0812RESPONSE in Opposition re 8 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiff Howard R Whittecar. (Attachments: # 1 Exhibit 12-1, # 2 Exhibit 12-2, # 3 Exhibit 12-3, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 12-9) (Walsh, Albert) (Entered: 11/08/2019)
2019-11-1213REPLY to 12 Response in Opposition to Motion, filed by Defendants United States Department of Veterans Affairs, United States Department of Veterans Affairs General Counsel, United States Department of Veterans Affairs Secretary. (Martin, C) (Entered: 11/12/2019)
2019-11-2714NOTICE of Hearing on 8 MOTION to Dismiss for Lack of Jurisdiction, Oral Ruling on Motion set for 12/18/2019 01:30 PM in Judge Skavdahl Chambers (Room No. 210) before Honorable Scott W Skavdahl. This is a telephonic hearing- dialing instructions contained in notice. (Court Staff, scat) (Entered: 11/27/2019)
2019-12-1815Minute ORDER and Minute Entry; Proceedings held before Honorable Scott W Skavdahl: Oral Ruling held on 12/18/2019 re 8 Motion to Dismiss for Lack of Jurisdiction; The Court Granted Defendant's Motion to Dismiss and will reserve ruling on attorney fees for reasons articulated on the record and incorporated by reference herein; Absent the parties resolution, the Court will require that the necessary position papers and/or requests for attorney's fees be filed by the plaintiff on or before February 3, 2020. The defendant shall file a response to that on or before February 17, 2020. Once the Court receives those documents and supporting materials, an oral ruling/Judgment will be issued on the merits. (Court Reporter Anne Bowline.) (Court Staff, stbd) (Entered: 12/18/2019)
2020-01-3116MOTION REFERRED TO Judge Kelly H Rankin. Stipulated MOTION for Extension of Time (Non-Dispositive) requesting extension of Time to File a Motion for Fees filed by Plaintiff Howard R Whittecar. (Attachments: # 1 Proposed Order)(Walsh, Albert) (Entered: 01/31/2020)
2020-02-0317(TEXT-ONLY) ORDER by the Honorable Kelly H Rankin granting 16 Motion for Extension of Time. Having considered the Motion and finding good cause, the Court grants the Motion. The deadline to file a motion for fees is February 17, 2020, with a response due by March 2, 2020. (Court Staff, sem) (Entered: 02/03/2020)
2020-02-1718MOTION for Attorney Fees filed by Plaintiff Howard R Whittecar. (Attachments: # 1 Exhibit Statement of Consultation, # 2 Affidavit Attorneys' Affidavit of Fees and Costs, # 3 Exhibit Invoice)(Walsh, Albert) (Entered: 02/17/2020)
2020-02-1719MEMORANDUM in Support of 18 Motion for Attorney Fees filed by Plaintiff Howard R Whittecar. (Walsh, Albert) (Entered: 02/17/2020)
2020-03-0220RESPONSE in Opposition re 18 MOTION for Attorney Fees filed by Defendants United States Department of Veterans Affairs, United States Department of Veterans Affairs General Counsel, United States Department of Veterans Affairs Secretary. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Martin, C) (Entered: 03/02/2020)
2020-03-0921REPLY to 20 Response in Opposition to Motion, 19 Memorandum in Support of Motion filed by Plaintiff Howard R Whittecar. (Attachments: # 1 Exhibit Email to OGIS, # 2 Exhibit Email to FOIA Liaison, # 3 Affidavit of Albert K. Walsh, # 4 Exhibit FOIA Legislative History) (Weisz, M) Modified text on 3/10/2020 (Court Staff, scat). (Entered: 03/09/2020)
2020-05-1222ORDER by the Honorable Scott W Skavdahl denying 18 Motion for Attorney Fees. The Court finds Plaintiff is not eligible for attorney's fees under § 552(a)(4)(e) because he has not "substantially prevailed" in this ligation. It is Ordered that Plaintiff's Motion for Attorney's Fees and Costs is DENIED.(Court Staff, skb) (Entered: 05/12/2020)
2020-05-1523JUDGMENT by the Honorable Scott W Skavdahl. It is hereby Ordered that this action is dismissed with prejudice, with each party to pay their own attorney's fees and costs. (Court Staff, skb) (Entered: 05/15/2020)
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