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Case TitlePHILLIPS v. OFFICE OF MANAGEMENT AND BUDGET et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02233
Date Filed2020-08-13
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffJOSHUA PHILLIPS
Case DescriptionJoshua Phillips, a freelance journalist, submitted three FOIA requests to OMB for records concerning training on how to respond to a pandemic. Phillips also requested expedited processing. The agency acknowledged receipt of the requests. Phillips also submitted a FOIA request to the Department of Veterans Affairs for records concerning negligent death complaints made to the agency because of corona virus. The agency acknowledged receipt of the request. However, after hearing nothing further from the either agency pertaining to any of his requests, Phillips filed suit.
Complaint issues: Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantTHE OFFICE OF MANAGEMENT AND BUDGET
DefendantU.S. DEPARTMENT OF VETERANS 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

2020-08-131COMPLAINT against THE OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number ADCDC-7461615) filed by JOSHUA PHILLIPS. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10, # 3 Exhibit 11-12, # 4 Civil Cover Sheet, # 5 Summons)(Wayne, Merrick) (Entered: 08/13/2020)
2020-08-132NOTICE of Appearance by Merrick Jason Wayne on behalf of JOSHUA PHILLIPS (Wayne, Merrick) (Entered: 08/13/2020)
2020-08-133NOTICE of Appearance by Matthew Topic on behalf of JOSHUA PHILLIPS (Topic, Matthew) (Entered: 08/13/2020)
2020-08-14Case assigned to Judge Amy Berman Jackson. (zmc) (Entered: 08/14/2020)
2020-08-144SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 08/14/2020)
2020-09-285NOTICE of Appearance by Diana Viggiano Valdivia on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS (Valdivia, Diana) (Entered: 09/28/2020)
2020-09-286ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS.(Valdivia, Diana) (Entered: 09/28/2020)
2020-09-307ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before October 28, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/30/2020. (lcabj2) (Entered: 09/30/2020)
2020-10-128RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 8/31/2020 (Wayne, Merrick) (Entered: 10/12/2020)
2020-10-129RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF VETERANS AFFAIRS served on 9/3/2020 (Wayne, Merrick) (Entered: 10/12/2020)
2020-10-1210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/27/2020. (Wayne, Merrick) (Entered: 10/12/2020)
2020-10-1211RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/27/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/26/2020. (Wayne, Merrick) (Entered: 10/12/2020)
2020-10-2812STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 10/28/2020)
2020-11-13MINUTE ORDER. The parties must submit joint status reports to the Court every sixty (60) days until document productions are complete. The first joint status report must be submitted by December 15, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/13/2020. (lcabj1) (Entered: 11/13/2020)
2020-12-1513Joint STATUS REPORT by JOSHUA PHILLIPS. (Topic, Matthew) (Entered: 12/15/2020)
2020-12-16MINUTE ORDER. The parties must submit a joint status report by February 15, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/16/2020. (lcabj1) (Entered: 12/16/2020)
2021-02-1514Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 02/15/2021)
2021-02-16MINUTE ORDER. The parties must submit a joint status report by April 16, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/16/2021. (lcabj1) (Entered: 02/16/2021)
2021-04-1615Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 04/16/2021)
2021-04-19MINUTE ORDER. The parties must submit a joint status report by June 15, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/19/2021. (lcabj1) (Entered: 04/19/2021)
2021-06-1516Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 06/15/2021)
2021-06-16MINUTE ORDER. The parties must submit a joint status report by August 16, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/16/2021. (lcabj1) (Entered: 06/16/2021)
2021-08-1617Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 08/16/2021)
2021-08-18MINUTE ORDER. The parties must submit a joint status report by October 15, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/18/2021. (lcabj1) (Entered: 08/18/2021)
2021-10-1518Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 10/15/2021)
2021-10-18MINUTE ORDER. The parties must submit a joint status report by December 14, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/18/2021. (lcabj1) (Entered: 10/18/2021)
2021-12-1419Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 12/14/2021)
2021-12-14MINUTE ORDER. In light of the joint status report 19 , it is ORDERED that the parties submit another joint status report by January 13, 2022. Signed by Judge Amy Berman Jackson on 12/14/2021. (lcabj1) (Entered: 12/14/2021)
2022-01-1320Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 01/13/2022)
2022-01-16MINUTE ORDER. Pursuant to the most recent status report 20 , it is ORDERED that the parties submit another joint status report by February 14, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/16/2022. (lcabj1) (Entered: 01/16/2022)
2022-02-1421Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 02/14/2022)
2022-02-16MINUTE ORDER. Pursuant to the parties' joint status report 21 , it is ORDERED that the parties submit another joint status report by March 16, 2022. Signed by Judge Amy Berman Jackson on 2/16/2022. (lcabj1) (Entered: 02/16/2022)
2022-03-1622Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 03/16/2022)
2022-03-18MINUTE ORDER. Pursuant to the most recent status report 22 , it is ORDERED that the parties submit another joint status report by May 16, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/18/2022. (lcabj1) (Entered: 03/18/2022)
2022-05-1623Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 05/16/2022)
2022-05-24MINUTE ORDER. Pursuant to the recent status report 23 , it is ORDERED that the parties submit another joint status report by June 15, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/24/22. (DMK) (Entered: 05/24/2022)
2022-06-1524Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 06/15/2022)
2022-06-17MINUTE ORDER. In light of the joint status report 24 , it is ORDERED that the parties submit another joint status report by July 15, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/17/2022. (lcabj1) (Entered: 06/17/2022)
2022-07-1525Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 07/15/2022)
2022-07-18MINUTE ORDER. In light of the most recent status report 25 , it is ORDERED that the parties submit another status report by September 13, 2022. Signed by Judge Amy Berman Jackson on 7/18/2022. (lcabj1) (Entered: 07/18/2022)
2022-09-1326Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 09/13/2022)
2022-09-14MINUTE ORDER. In light of the most recent status report 26 , it is ORDERED that the parties submit another joint status report by November 14, 2022. Signed by Judge Amy Berman Jackson on 9/14/2022. (lcabj1) (Entered: 09/14/2022)
2022-11-1427Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Valdivia, Diana) (Entered: 11/14/2022)
2022-11-16MINUTE ORDER. In light of the most recent status report 27 , it is ORDERED that the parties submit another status report by January 13, 2023. Signed by Judge Amy Berman Jackson on 11/16/2022. (lcabj1) (Entered: 11/16/2022)
2023-01-1328NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS Substituting for attorney Valdivia (Moustakas, John) (Entered: 01/13/2023)
2023-01-1329Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Moustakas, John) (Entered: 01/13/2023)
2023-01-19MINUTE ORDER. In light of the most recent status report 29 , it is ORDERED that the parties submit another status report by March 14, 2023. Signed by Judge Amy Berman Jackson on 1//19/2023. (lcabj1) (Entered: 01/19/2023)
2023-04-0530Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Moustakas, John) (Entered: 04/05/2023)
2023-04-06MINUTE ORDER. In light of the most recent status report 30 , it is ORDERED that the parties submit another status report by May 15, 2023. Signed by Judge Amy Berman Jackson on 4/6/2023. (lcabj1) (Entered: 04/06/2023)
2023-05-1531Joint STATUS REPORT by JOSHUA PHILLIPS. (Wayne, Merrick) (Entered: 05/15/2023)
2023-05-16MINUTE ORDER. In light of the most recent status report 31 , it is ORDERED that the parties submit another status report by July 14, 2023. Signed by Judge Amy Berman Jackson on 5/16/2023. (lcabj1) (Entered: 05/16/2023)
2023-07-1432STATUS REPORT (Plaintiff's) by JOSHUA PHILLIPS. (Wayne, Merrick) (Entered: 07/14/2023)
2023-07-1533STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Moustakas, John) (Entered: 07/15/2023)
2023-07-17MINUTE ORDER. In light of the most recent status reports 32 33 , it is ORDERED that the parties submit another status report by August 28, 2023. Signed by Judge Amy Berman Jackson on 7/17/2023. (lcabj1) (Entered: 07/17/2023)
2023-08-2834Joint STATUS REPORT by JOSHUA PHILLIPS. (Loevy, Joshua) (Entered: 08/28/2023)
2023-08-29MINUTE ORDER. In light of the most recent status report 34 , it is ORDERED that the parties submit another status report by October 27, 2023. Signed by Judge Amy Berman Jackson on 8/29/2023. (lcabj1) (Entered: 08/29/2023)
2023-10-2735Consent STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Moustakas, John) (Entered: 10/27/2023)
2023-11-01MINUTE ORDER. In light of the most recent status report 35 , it is ORDERED that the parties submit another status report by January 25, 2024. Signed by Judge Amy Berman Jackson on 11/1/2023. (lcabj1) (Entered: 11/01/2023)
2024-01-1636NOTICE of Appearance by M. Jared Littman on behalf of All Defendants (Littman, M.) (Entered: 01/16/2024)
2024-01-2537Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Littman, M.) (Entered: 01/25/2024)
2024-01-25MINUTE ORDER. In light of the most recent status report 37 , it is ORDERED that the parties submit another status report by March 25, 2024. Signed by Judge Amy Berman Jackson on 1/25/2024. (lcabj1) (Entered: 01/25/2024)
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