Case Detail

FOIA Project Annotation: A federal court in Ohio has ruled that the Department of Veterans Affairs has not shown the court lacks jurisdiction over attorney Maxwell Kinman's FOIA and Privacy Act requests for claims files of a number of veterans he represents. Kinman requested the claims files on his clients' behalf and provided appropriate Privacy Act waivers. After the agency failed to provide many of the records, Kinsman sued under FOIA and the Privacy Act. The agency claimed since it processed claims files exclusively under the Privacy Act, the court did not have jurisdiction to hear Kinman's FOIA complaint. Alternatively, the agency argued Kinman had not exhausted his administrative remedies under the Privacy Act, robbing the court of jurisdiction under the Privacy Act as well. Finding the agency's arguments somewhat incoherent, the court rejected both claims. The court noted that "defendants have not cited any authority which supports a finding that because the VA has purportedly made an administrative decision to process requests for C-files under the Privacy Act, an individual is barred from bringing a FOIA claim in federal court for the alleged withholding of those records. Nor is there any other basis for finding at the pleading stage that the court lacks subject matter jurisdiction over plaintiff's FOIA claims." As to the Privacy Act, the court pointed out that "exhaustion of administrative remedies is not a jurisdictional requirement under the Privacy Act. Thus, assuming plaintiff failed to exhaust his administrative remedies under the Act, the Court would not be deprived of subject matter jurisdiction as a result. Further, whether defendants denied plaintiff access to any of the veterans' records he requested goes to the merits of plaintiff's claims, not the Court's subject matter jurisdiction over these claims."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2016-02-22	1	COMPLAINT with JURY DEMAND against United States of America et al( Filing fee $ 400 paid - receipt number: 0648-5395079), filed by Maxwell D Kinman. (Kinman, Maxwell) Modified to correct party name on 2/23/2016 (jee). (Entered: 02/22/2016)
2016-02-23		***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jee) (Entered: 02/23/2016)
2016-02-23	2	ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Karen L. Litkovitz. Signed by Judge Susan J. Dlott on 2/23/2016. (jee) (Entered: 02/23/2016)
2016-02-23	3	NOTICE by Plaintiff Maxwell D Kinman re 1 Complaint Civil Cover Sheet (Kinman, Maxwell) (Entered: 02/23/2016)
2016-02-23	4	REQUEST for Issuance of Summons. (Attachments: # 1 Summons Form, # 2 Summons Form, # 3 Summons Form, # 4 Summons Form) (Kinman, Maxwell) (Entered: 02/23/2016)
2016-02-24	5	Summons Issued as to Department of Veterans Affairs, General Counsel Department of Veterans Affairs, Secretary Department of Veterans Affairs, United States of America, U.S. Attorney (jlw) Modified docket text on 2/25/2016 (eh). (Entered: 02/24/2016)
2016-02-26	6	AFFIDAVIT of Service , filed by Plaintiff Maxwell D Kinman. (Kinman, Maxwell) (Entered: 02/26/2016)
2016-03-25	7	NOTICE of Appearance by Margaret A Castro for Defendants Department of Veterans Affairs, General Counsel Department of Veterans Affairs, Secretary Department of Veterans Affairs, United States of America (Castro, Margaret) (Entered: 03/25/2016)
2016-03-28	8	Unopposed MOTION for Extension of Time to File Answer New date requested 5/12/2016. by Defendants Department of Veterans Affairs, General Counsel Department of Veterans Affairs, Secretary Department of Veterans Affairs, United States of America. Responses due by 4/21/2016 (Castro, Margaret) (Entered: 03/28/2016)
2016-03-29	9	ORDER granting all defendants' unopposed 8 Motion for Extension of Time up to and including 5/12/2016 in which to file an answer, motion or other responsive pleading in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 3/29/2016. (art) (Entered: 03/29/2016)
2016-05-17	10	Unopposed MOTION for Extension of Time to File Answer New date requested 6/17/2016. by Defendant Department of Veterans Affairs. Responses due by 6/10/2016 (Castro, Margaret) (Entered: 05/17/2016)
2016-05-18	11	NOTATION ORDER granting defendants' 10 Motion for Extension of Time up to and including 6/17/2016 in which to file answer, motion or other responsive pleading in this matter. Answer All Defendants due by 6/17/2016. Signed by Magistrate Judge Karen L. Litkovitz on 5/18/2016. (art) (Entered: 05/18/2016)
2016-06-17	12	Unopposed MOTION for Extension of Time to File Answer New date requested 6/24/2016. by Defendants Department of Veterans Affairs, General Counsel Department of Veterans Affairs, Secretary Department of Veterans Affairs, United States of America. Responses due by 7/11/2016 (Castro, Margaret) (Entered: 06/17/2016)
2016-06-20	13	NOTATION ORDER granting USA's 12 Motion for Extension of Time to Answer. All Defendants answer due 6/24/2016. Signed by Magistrate Judge Karen L. Litkovitz on 6/17/2016. (art) (Entered: 06/20/2016)
2016-06-24	14	MOTION to Dismiss for Lack of Jurisdiction by Defendants Department of Veterans Affairs, General Counsel Department of Veterans Affairs, Secretary Department of Veterans Affairs, United States of America. Responses due by 7/18/2016 (Attachments: # 1 Affidavit) (Castro, Margaret) (Entered: 06/24/2016)
2016-06-27	15	NOTICE to pro-se plaintiff regarding filing a response to defendants' 14 MOTION to Dismiss for Lack of Jurisdiction. (art) (Entered: 06/27/2016)
2016-07-18	16	RESPONSE in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Maxwell D Kinman. (Kinman, Maxwell) (Entered: 07/18/2016)
2016-12-07	17	REPORT AND RECOMMENDATION that defendants' 14 MOTION to Dismiss the complaint pursuant to FRCP 12(b)(1) and 12(b)(6) be Denied. Objections to R&R due by 12/27/2016. Signed by Magistrate Judge Karen L. Litkovitz on 12/6/2016. (art) (Entered: 12/07/2016)
2017-01-11	18	ORDER adopting 17 Report and Recommendations. Defendant's motion to dismiss the complaint is DENIED. Signed by Judge Susan J. Dlott on 1/112017. (jlw) Modified docket text on 1/12/2017 (eh). (Entered: 01/11/2017)
2017-01-12	19	PRELIMINARY PRETRIAL CONFERENCE ORDER: Parties Rule 26f Meeting Report due to be filed with the Court by 2/11/2017. Signed by Magistrate Judge Karen L. Litkovitz on 1/12/2017. (art) (Entered: 01/12/2017)
2017-02-10	20	RULE 26(f) REPORT by Plaintiff Maxwell D Kinman. (Kinman, Maxwell) (Entered: 02/10/2017)
2017-02-27	22	Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Scheduling Conference held via telephone on 2/27/2017. Counsel for prose plaintiff, and counsel for defendant present. Matters discussed. Order of the Court to follow. Case to be referred to MJ Bowman to conduct mediation in this matter. (Court Reporter: None present) (art) (Entered: 02/27/2017)
2017-02-28	23	CALENDAR ORDER: Deadline for initial disclosures set for 4/17/2017; Plaintiff Primary Expert due by 10/15/2017. Defendant Primary Expert due by 11/15/2017. Discovery deadline set for 1/15/2018. Dispositive motion deadline set for 3/15/2018. Final Pretrial Conference tentatively set for 7/2018 before Judge Susan J. Dlott. Jury Trial tentatively set for 8/2018 before Judge Susan J. Dlott. Signed by Magistrate Judge Karen L. Litkovitz on 2/27/2017. (art) (Entered: 02/28/2017)
2017-02-28	24	Order referring case to Magistrate Judge Stephanie K. Bowman for settlement purposes only. The parties shall contact MJ Bowman's chambers at (513) 564-7680 no later than 3/13/2017 and arrange a future date for the settlement conference to be held. (art) (Entered: 02/28/2017)
2017-03-01	25	Order Setting Settlement Conference: Settlement Conference set for 5/5/2017 at 10:00 AM in Chambers Room 706 before Magistrate Judge Stephanie K. Bowman. After a good faith assessment of the value of the case, Plaintiff shall submit a demand to defendant by 3/24/2017. Defendants, after the same good faith assessment, must then respond with an offer by 4/7/2017. Confidential settlement statements are due to the Court no later than noon on 4/24/2017 . Signed by Magistrate Judge Stephanie K Bowman on 3/1/2017. (km) (Entered: 03/01/2017)
2017-04-28		NOTICE VACATING SETTLEMENT CONFERENCE set for 5/5/2017 at 10:00 AM before Magistrate Judge Stephanie K Bowman at the request of the parties. The parties report having reached a tentative settlement in this matter. (km) (Entered: 04/28/2017)
2017-05-01	26	ORDER DISMISSING CASE with prejudice provided that any of the parties may upon good cause shown not later than June 30, 2017 reopen the action if settlement is not consummated. Signed by Judge Susan J. Dlott on 5/1/17. (wam) (Entered: 05/01/2017)
Hide Docket Events