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Case TitleBaser v. Department of Veterans Affairs et al
DistrictEastern District of Michigan
CityDetroit
Case Number2:2013cv12591
Date Filed2013-06-13
Date Closed2015-12-17
JudgeDistrict Judge Denise Page Hood
PlaintiffOnur Baser
DefendantDepartment of Veterans Affairs
DefendantVeterans Affairs, Secretary of
DefendantVeterans Affairs, Secretary of
TERMINATED: 12/12/2013
DefendantFreedom of Information Act Office for Veterans Health Administration, Director of
DefendantFreedom of Information Act Office for Veterans Health Administration, Director of
TERMINATED: 12/12/2013
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Opinion/Order [36]
FOIA Project Annotation: The court ruled that the Department of Veterans Affairs has not yet shown that datasets from patient files maintained by the Veterans Health Administration is protected by Exemption 6 (invasion of privacy) because of the possibility that patients could be re-identified. The records were requested by researcher Onur Baser covering certain specific time periods. The agency concluded that the risk of re-identification by analysis using other commercially available data was unacceptable under the HIPAA Safe Harbor guidance. But Baser provided affidavits from two experts who concluded the risk of re-identification was not significant and argued that there was a clear public interest in using the data for research purposes. The court indicated that "in light of the fact that the VA has no re-reviewed its position and has undergone another analysis regarding re-identification risks and has now agreed to produce certain data to Plaintiff, the VA's position on re-identification is now in question. Plaintiff has present sufficient evidence to rebut the VA's position as to re-identification."
Issues: Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-06-131COMPLAINT filed by Onur Baser against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-4143162 - Fee: $ 400. County Where Action Arose: Washtenaw - [ Previously dismissed case: No] [ Possible companion case(s): None ] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: 3/15 and 3/20, 2013 FOIA Requests, # 3 Exhibit B: 3/21/13 Letter of Acknowledgment, # 4 Exhibit C: 3/28/13 Letter and Fee Estimate, # 5 Exhibit D: Payment for 3/15/13 FOIA Request, # 6 Exhibit E: 3/28/13 Letter Acknowledging FOIA request, # 7 Exhibit F: Emails regarding 3/20/13 FOIA request, # 8 Exhibit G: Emails regarding 3/15/13 FOIA request, # 9 Exhibit H: 5/31/13 email regarding 3/15/13 FOIA request, # 10 Exhibit I: 5/31/13 letter from Plaintiff's counsel) (Salvatore, Jennifer) (Entered: 06/13/2013)
2013-06-142SUMMONS Issued for *Department of Veterans Affairs* (PMil) (Entered: 06/14/2013)
2013-06-143SUMMONS Issued for *Freedom of Information Act Office for Veterans Health Administration, Director of* (PMil) (Entered: 06/14/2013)
2013-06-144SUMMONS Issued for *Veterans Affairs, Secretary of* (PMil) (Entered: 06/14/2013)
2013-06-145SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (PMil) (Entered: 06/14/2013)
2013-07-026CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Defendants. (Salvatore, Jennifer) (Entered: 07/02/2013)
2013-07-027CERTIFICATE of Service/Summons Returned Executed. US Attorney General served on 6/27/13. (Salvatore, Jennifer) (Entered: 07/02/2013)
2013-07-028CERTIFICATE of Service/Summons Returned Executed. US Attorney served on 6/27/2013. (Salvatore, Jennifer) (Entered: 07/02/2013)
2013-07-029CERTIFICATE of Service/Summons Returned Executed. US Secretary of Veterans Affairs served on 6/27/2013. (Salvatore, Jennifer) (Entered: 07/02/2013)
2013-07-0810CERTIFICATE of Service/Summons Returned Executed. US Department of Veterans Affairs served on 06/28/13. (Salvatore, Jennifer) (Entered: 07/08/2013)
2013-08-0711STIPULATION AND ORDER re 1 Complaint, ( Responses due by 9/16/2013. ) Signed by District Judge Denise Page Hood. (Ciesla, C) (Entered: 08/07/2013)
2013-08-2012ATTORNEY APPEARANCE: Andrew J. Lievense appearing on behalf of Department of Veterans Affairs, Freedom of Information Act Office for Veterans Health Administration, Director of, Veterans Affairs, Secretary of (Lievense, Andrew) (Entered: 08/20/2013)
2013-09-1013STIPULATION AND ORDER re 1 Complaint ( Responses due by 10/16/2013 ) Signed by District Judge Denise Page Hood. (JOwe) (Entered: 09/10/2013)
2013-10-1514ANSWER to Complaint with Affirmative Defenses by Department of Veterans Affairs, Freedom of Information Act Office for Veterans Health Administration, Director of, Veterans Affairs, Secretary of. (Lievense, Andrew) (Entered: 10/15/2013)
2013-10-2215NOTICE TO APPEAR: Scheduling Conference set for 11/18/2013 02:15 PM before District Judge Denise Page Hood (LSau) (Entered: 10/22/2013)
2013-11-1216DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Salvatore, Jennifer) (Entered: 11/12/2013)
2013-11-18Minute Entry for proceedings held before District Judge Denise Page Hood: Scheduling Conference held on 11/18/2013 (LSau) (Entered: 11/19/2013)
2013-12-0517SCHEDULING ORDER: Dispositive Motion Cut-off set for 12/16/2013 Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (LSau) (Entered: 12/05/2013)
2013-12-05Set/Reset Deadlines as to Response due by 1/17/2014 Reply due by 1/27/2014, Sur-Replies due by 2/4/14 Motion Hearing set for 2/26/2014 03:30 PM before District Judge Denise Page Hood (LSau) (Entered: 12/05/2013)
2013-12-1218STIPULATION AND ORDER Dismissing Freedom of Information Act Office for Veterans Health Administration, Director of and Veterans Affairs, Secretary of. Signed by District Judge Denise Page Hood. (JOwe) (Entered: 12/12/2013)
2013-12-1819Ex Parte MOTION for Leave to File Excess Pages by Department of Veterans Affairs. (Lievense, Andrew) (Entered: 12/18/2013)
2013-12-1820MOTION for Summary Judgment by Department of Veterans Affairs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Baser U of M Bio, # 3 Exhibit 2 - Baser LinkedInProfile, # 4 Exhibit 3 - Research'sWebsite"ABout Us", # 5 Exhibit 4 - Research's Website Exper&Services, # 6 Exhibit 5 - Research's Datasets & Publ., # 7 Exhibit 6 - VA Web Page, # 8 Exhibit 7 - 11-12-13 E-Mail From Jennifer Salvatore, # 9 Exhibit 8 - Hickey Declaration, # 10 Exhibit 9 - Gup Declaration, # 11 Exhibit 10 - Marakowski Declaration, # 12 Exhibit 11 - Robinson Declaration, # 13 Exhibit 12 - Federal Times News Article, # 14 Exhibit 13 - FOIA Denial Letters, # 15 Exhibit 14 - Palmerv.Derwinski) (Lievense, Andrew) (Entered: 12/18/2013)
2013-12-1921STIPULATION AND ORDER Regarding Summary Judgment Motion Deadline. Signed by District Judge Denise Page Hood. (LSau) (Entered: 12/19/2013)
2013-12-1922NOTICE OF HEARING on 20 MOTION for Summary Judgment . Motion Hearing set for 2/26/2014 03:30 PM before District Judge Denise Page Hood (LSau) (Entered: 12/19/2013)
2013-12-1923ORDER Permitting Defendant to File a Summary Judgment Brief Containing 27 Pages re 19 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 12/19/2013)
2014-01-2124Ex Parte MOTION for Leave to File Excess Pages for Response to Defendant's Motion for Summary Judgment by Onur Baser. (Salvatore, Jennifer) (Entered: 01/21/2014)
2014-01-2125RESPONSE to 24 Ex Parte MOTION for Leave to File Excess Pages for Response to Defendant's Motion for Summary Judgment , 20 MOTION for Summary Judgment filed by Onur Baser. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Salvatore, Jennifer) (Entered: 01/21/2014)
2014-01-2426ORDER granting 24 Motion for Leave to File Excess Pages. Signed by District Judge Denise Page Hood. (Loury, R) (Entered: 01/24/2014)
2014-01-3127STIPULATION AND ORDER Regarding Page Limits for Reply Brief and Sur-Reply Brief. Signed by District Judge Denise Page Hood. (JOwe) (Entered: 01/31/2014)
2014-01-3128REPLY to Response re 20 MOTION for Summary Judgment and Cross Motion for Summary Judgment filed by Department of Veterans Affairs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 15 - Redacted FOIA Request and VA Decision, # 3 Exhibit 16 - FOIA Appeal of Dr. Baser of 4-25-11, # 4 Exhibit 17 - E-Mail Communication of 11-18-13, # 5 Exhibit 18 - Supplemental Declaration of Susan Hickey of 1-30-14, # 6 Exhibit 19 - Supplemental Declaration of Lijia Guo, Ph.D. of 1-31-14) (Lievense, Andrew) (Entered: 01/31/2014)
2014-02-1029SUR-REPLY re 20 MOTION for Summary Judgment and in Support of Plaintiff's MSJ filed by Onur Baser. (Attachments: # 1 Exhibit G- Supp. Dec. Dr. Baser) (Salvatore, Jennifer) (Entered: 02/10/2014)
2014-02-14Set/Reset Deadlines as to 20 MOTION for Summary Judgment . Motion Hearing RESET for 3/19/2014 03:30 PM before District Judge Denise Page Hood (LSau) (Entered: 02/14/2014)
2014-03-07Set/Reset Deadlines as to 20 MOTION for Summary Judgment . Motion Hearing RESET for 4/30/2014 03:30 PM before District Judge Denise Page Hood (LSau) (Entered: 03/07/2014)
2014-03-28Set/Reset Deadlines as to 20 MOTION for Summary Judgment . Motion Hearing RESET for 6/4/2014 03:30 PM before District Judge Denise Page Hood (LSau) (Entered: 03/28/2014)
2014-05-2930SUPPLEMENTAL BRIEF re 20 MOTION for Summary Judgment filed by Department of Veterans Affairs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Business Rule Grouping, # 3 Exhibit B - Agency Decision Dated 5-22-14) (Lievense, Andrew) (Entered: 05/29/2014)
2014-05-3031ATTORNEY APPEARANCE: Edward A. Macey appearing on behalf of Onur Baser (Macey, Edward) (Entered: 05/30/2014)
2014-06-0332MOTION to Strike 30 Supplemental Brief, by Onur Baser. (Attachments: # 1 Exhibit RGIS, LLC v A.S.T. Inc.) (Macey, Edward) (Entered: 06/03/2014)
2014-06-05Minute Entry for proceedings held before District Judge Denise Page Hood: Telephonic Status Conference held on 6/5/2014 (LSau) (Entered: 06/05/2014)
2014-06-05Set/Reset Deadlines as to 20 MOTION for Summary Judgment . Motion Hearing RESET for 7/9/2014 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 06/05/2014)
2014-06-1333SUPPLEMENTAL BRIEF re 20 MOTION for Summary Judgment (Second Supplemental) filed by Department of Veterans Affairs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Susan Hickey Second Suppl. Decl., # 3 Exhibit B - Initial Agency Decision of 5-22-14) (Lievense, Andrew) (Entered: 06/13/2014)
2014-06-16Set/Reset Deadlines as to 32 MOTION to Strike 30 Supplemental Brief, , 20 MOTION for Summary Judgment . Motion Hearing RESET for 7/17/2014 03:30 PM before District Judge Denise Page Hood (LSau) (Entered: 06/16/2014)
2014-06-2434STIPULATION AND ORDER REGARDING EXTENSION FOR PLAINTIFF'S Supplemental Brief re: 33 Supplemental Brief, ( Response due by 6/27/2014 ) Signed by District Judge Denise Page Hood. (JOwe) (Entered: 06/24/2014)
2014-06-2735SUPPLEMENTAL BRIEF re 34 Stipulation and Order, Set Deadlines/Hearings, 33 Supplemental Brief, filed by Onur Baser. (Attachments: # 1 Exhibit Second Declaration of Daniel Barth-Jones) (Macey, Edward) (Entered: 06/27/2014)
2014-07-17Minute Entry for proceedings held before District Judge Denise Page Hood: Motion Hearing held on 7/17/2014 re 20 MOTION for Summary Judgment filed by Department of Veterans Affairs, 32 MOTION to Strike 30 Supplemental Brief, filed by Onur Baser Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Chery Warren Daniel) (LSau) (Entered: 07/18/2014)
2014-09-3036ORDER Denying 20 MOTION for Summary Judgment and Notice Setting Scheduling Conference ( Scheduling Conference set for 11/4/2014 03:00 PM before District Judge Denise Page Hood ) Signed by District Judge Denise Page Hood. (JOwe) (Entered: 09/30/2014)
2014-10-1437MOTION for Reconsideration or Rehearing by Department of Veterans Affairs. (Lievense, Andrew) (Entered: 10/14/2014)
2014-10-17Set Deadlines/Hearings: Scheduling Conference RESET for 11/24/2014 02:45 PM before District Judge Denise Page Hood (LSau) (Entered: 10/17/2014)
2014-11-2438ORDER denying 37 Motion for Reconsideration signed by District Judge Denise Page Hood. (Grimes, K.) (Entered: 11/24/2014)
2014-11-24Minute Entry for proceedings before District Judge Denise Page Hood: Scheduling Conference held on 11/24/2014, Set Deadlines/Hearings:( Scheduling Conference continuation set for 12/15/2014 04:00 PM before District Judge Denise Page Hood ) Disposition: to be continued (JOwe) (Entered: 11/25/2014)
2014-12-15Minute Entry for proceedings before District Judge Denise Page Hood: Scheduling Conference held on 12/15/2014. (LSau) (Entered: 12/15/2014)
2014-12-1739SCHEDULING ORDER: Discovery due by 4/15/2015 Final Pretrial Conference set for 5/15/2015 02:30 PM before District Judge Denise Page Hood Bench Trial set for 6/15/2015 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (LSau) (Entered: 12/17/2014)
2014-12-18Text-Only Order of reassignment from Magistrate Judge Laurie J. Michelson to Magistrate Judge R. Steven Whalen pursuant to Administrative Order 14-AO-012. (SSch) (Entered: 12/18/2014)
2014-12-1840ORDER REFERRING OTHER MATTERS to Magistrate Judge Whalen : Settlement Conference to be conducted during the week of April 27, 2015. Signed by District Judge Denise Page Hood. (LSau) (Entered: 12/18/2014)
2014-12-2241NOTICE TO APPEAR: Settlement Conference set for 4/28/2015 at 01:30 PM before Magistrate Judge R. Steven Whalen . (THac) (Entered: 12/22/2014)
2015-02-2642Plaintiff's WITNESS LIST by All Plaintiffs (Salvatore, Jennifer) (Entered: 02/26/2015)
2015-02-2743WITNESS LIST by Department of Veterans Affairs (Lievense, Andrew) (Entered: 02/27/2015)
2015-03-1344STIPULATION AND ORDER Extending Scheduling Order Deadlines, ( Discovery due by 5/15/2015 , Final Pretrial Conference set for 6/22/2015 03:00 PM before District Judge Denise Page Hood , Bench Trial set for 7/13/2015 09:00 AM before District Judge Denise Page Hood ) Signed by District Judge Denise Page Hood. (LSau) (Entered: 03/13/2015)
2015-04-0845NOTICE of Appearance by Brandon C. Helms on behalf of Department of Veterans Affairs. (Helms, Brandon) (Entered: 04/08/2015)
2015-04-1646AMENDED NOTICE TO APPEAR: Settlement Conference reset for 5/21/2015 at 01:30 PM before Magistrate Judge R. Steven Whalen . (THac) (Entered: 04/16/2015)
2015-05-1447AMENDED NOTICE TO APPEAR: Settlement Conference RESET for 6/11/2015 at 1:30 PM before Magistrate Judge R. Steven Whalen - (Ciesla, C) (Entered: 05/14/2015)
2015-05-1548JOINT STIPULATION and PROTECTIVE ORDER. Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/15/2015)
2015-05-2149NOTICE by Onur Baser Withdrawal of Attorney of Record Edward A. Macey (Salvatore, Jennifer) (Entered: 05/21/2015)
2015-05-2750ORDER granting withdrawal of Attorney Edward A. Macey. Signed by District Judge Denise Page Hood. (DPer) (Entered: 05/28/2015)
2015-06-0151ATTORNEY APPEARANCE: Jennifer B. Salvatore appearing on behalf of Onur Baser Appearance and Notice of Appearance of Hideaki Sano (Salvatore, Jennifer) Modified on 6/1/2015 (DTyl) [APPEARANCE AND NOTICE OF APPEARANCE OF HIDEAKI SANO FOR PLAINTIFF ONUR BASER] (Entered: 06/01/2015)
2015-06-0352NOTICE of Appearance by Hideaki Sano on behalf of Onur Baser. (Sano, Hideaki) (Entered: 06/03/2015)
2015-06-0853MOTION in Limine to Preclude Evidence and Argument About STATinMED Research by Department of Veterans Affairs. (Attachments: # 1 Exhibit Deposition Testimony of Onur Baser) (Lievense, Andrew) (Entered: 06/08/2015)
2015-06-0854MOTION in Limine to Preclude Plaintiff's Expert Dr. Barth-Jones from Testifying Beyond the Scope of his Declarations and Deposition by Department of Veterans Affairs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Third Declaration, # 3 Exhibit B Deposition of Daniel Barth-Jones, # 4 Exhibit C E-mail from J. Salvatore, # 5 Exhibit D E-Mail from A. Lievense, # 6 Exhibit E Report of Susan Hickey) (Lievense, Andrew) (Entered: 06/08/2015)
2015-06-09RESET Hearings: Settlement Conference RESET for 6/11/2015 at 10:00 AM before Magistrate Judge R. Steven Whalen - TIME CHANGE ONLY - (CCie) (Entered: 06/09/2015)
2015-06-11Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Settlement Conference held on 6/11/2015 - Disposition: CASE SETTLED/STIPULATED SETTLEMENT AGREEMENT GIVEN TO DISTRICT JUDGE.(Court Reporter Digitally Recorded) (CCie) (Entered: 06/11/2015)
2015-06-19TEXT-ONLY NOTICE: Final Pretrial Conference Hearing on June 22, 2015 and Bench Trial are Cancelled. (LSau) (Entered: 06/19/2015)
2015-12-1755STIPULATION and ORDER of Dismissal With Prejudice. Signed by District Judge Denise Page Hood. (LSau) (Entered: 12/17/2015)
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by FOIA Project Staff
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