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Case TitleDEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02346
Date Filed2018-10-11
Date Closed2020-11-24
JudgeJudge Trevor N. McFadden
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted a FOIA request to the Department of Veterans Affairs for records concerning the role played by non-governmental individuals in top-level decisionmaking at the agency. DFF also requested a fee waiver. The agency acknowledged receipt of the request. The Veterans Health Administration denied DFF's fee waiver request as to the portion of the request to which VHA would respond. After hearing nothing further from the agency, DFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES 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

2018-10-111COMPLAINT against UNITED STATES DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number 0090-5732299) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Grogg, Adam) (Attachment 2 replaced on 10/12/2018) (zjd) (Entered: 10/11/2018)
2018-10-112LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Grogg, Adam) (Main Document 2 replaced on 10/12/2018) (zjd). (Entered: 10/11/2018)
2018-10-12Case Assigned to Judge Colleen Kollar-Kotelly. (zjd) (Entered: 10/12/2018)
2018-10-123SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 10/12/2018)
2018-10-124Case randomly reassigned to Judge Trevor N. McFadden. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 10/12/2018)
2018-10-125STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 10/12/2018. (lctnm2) (Entered: 10/12/2018)
2018-10-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/19/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/18/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS served on 10/17/2018 (Attachments: # 1 Declaration)(Grogg, Adam) (Entered: 10/22/2018)
2018-11-157ANSWER to Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.(McBride, Patricia) (Entered: 11/15/2018)
2018-11-158ENTERED IN ERROR..... MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(McBride, Patricia); Modified on 11/16/2018 (tth). (Entered: 11/15/2018)
2018-11-16NOTICE OF CORRECTED DOCKET ENTRY: re 8 MOTION for Extension of Time to File Answer was entered in the wrong case. Please refile said pleading in the correct case. (tth) (Entered: 11/16/2018)
2018-11-199Order. The parties shall file a Joint Status Report proposing a schedule for proceeding in this matter no later than December 19, 2018. See attached order for further details. Signed by Judge Trevor N. McFadden on 11/19/2018. (lctnm2) (Entered: 11/19/2018)
2018-11-20Set/Reset Deadlines: Joint Status Report due by 12/19/2018. (hmc) (Entered: 11/20/2018)
2018-12-0610AMENDED COMPLAINT against All Defendants filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit)(Grogg, Adam) (Entered: 12/06/2018)
2018-12-1911NOTICE of Filing Redline by DEMOCRACY FORWARD FOUNDATION re 10 Amended Complaint (Grogg, Adam) (Entered: 12/19/2018)
2018-12-1912Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Grogg, Adam) (Entered: 12/19/2018)
2018-12-19MINUTE ORDER. Upon consideration of 12 the Parties' Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before January 16, 2019. Signed by Judge Trevor N. McFadden on 12/19/2018. (lctnm2, ) (Entered: 12/19/2018)
2018-12-20Set/Reset Deadlines: Joint Status Report due by 1/16/2019. (hmc) (Entered: 12/20/2018)
2019-01-1013Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse in Appropriations by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/10/2019)
2019-01-11MINUTE ORDER granting 13 Motion to Stay; 13 Motion for Extension of Time. Upon considering the Defendant's 13 Consent Motion to Stay and for Extension of Time, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. Because the Department of Veteran's Affairs is unaffected by the ongoing lapse in appropriations, however, it shall continue to meet its processing and production obligations under the Freedom of Information Act. It is further ordered that the Defendant will notify the Court immediately upon resumption of appropriations. It is further ordered that the VA's deadline to respond to the Plaintiff's 10 Amended Complaint shall be extended nunc pro tunc. The VA shall file its response on or before 14 days after appropriations are restored to the Department of Justice. Signed by Judge Trevor N. McFadden on 1/11/2019. (lctnm2) (Entered: 01/11/2019)
2019-02-13MINUTE ORDER. On January 11, 2019, the Court ordered the Defendant to "notify the Court immediately upon resumption of appropriations." The Defendant failed to do this. The stay in this case is hereby lifted because Congress has restored appropriations to the Department of Justice. Further, the Defendant shall respond to the Plaintiff's 10 Amended Complaint on or before February 20, 2019. The parties are hereby further ORDERED to file a Joint Status Report on or before February 27, 2019, including a proposed schedule for any further proceedings that they think are necessary. Signed by Judge Trevor N. McFadden on 2/13/2019. (lctnm2) (Entered: 02/13/2019)
2019-02-13Set/Reset Deadlines: Defendant's response to Plaintiff's Amended Complaint due by 2/20/2019. Joint Status Report due by 2/27/2019. (hmc) (Entered: 02/13/2019)
2019-02-1914ANSWER to 10 Amended Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.(McBride, Patricia) (Entered: 02/19/2019)
2019-02-2715Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Grogg, Adam) (Entered: 02/27/2019)
2019-02-28MINUTE ORDER. Upon considering the parties' 15 Joint Status Report, the parties are hereby ordered to appear for a status conference before Judge Trevor N. McFadden on March 14, 2019, at 10 am in Courtroom 2. Signed by Judge Trevor N. McFadden on 02/28/2019. (lctnm2) (Entered: 02/28/2019)
2019-02-28Set/Reset Hearings: Status Conference set for 3/14/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 02/28/2019)
2019-03-14MINUTE ORDER. The parties are hereby ordered to adhere to the following schedule: the Defendant shall process 500 pages of records per month, and any monthly shortfall will be made up in the following month; the Defendant shall make its first production of responsive documents to the Plaintiff on or before April 30, 2019, and the Defendant shall continue to make productions by the end of every month thereafter. On or before May 8, 2019, the parties shall file a Joint Status Report updating the Court on the Defendant's processing of the Plaintiff's request and productions made by the Defendant; the parties shall file further Joint Status Reports every 60 days thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 03/14/2019. (lctnm2) (Entered: 03/14/2019)
2019-03-14Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 3/14/2019. Defendant's first production of responsive documents due by 4/30/2019, and by the end of every month thereafter. Joint Status Report due by 5/8/2019, and every 60 days thereafter. (Court Reporter: Elizabeth Saint-Loth.) (hmc) (Entered: 03/14/2019)
2019-04-0516TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on 3/14/2019; Page Numbers: 1 - 7. Date of Issuance: 04-05-2019. Court Reporter/Transcriber Elizabeth SaintLoth, Telephone number 202-354-3242, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenc ed above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/26/2019. Redacted Transcript Deadline set for 5/6/2019. Release of Transcript Restriction set for 7/4/2019.(Saint-Loth, Elizabeth); Modified hearing date on 4/8/2019 (tth). (Entered: 04/05/2019)
2019-05-0617Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Grogg, Adam) (Entered: 05/06/2019)
2019-07-0218Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Grogg, Adam) (Entered: 07/02/2019)
2019-07-03MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is hereby ordered that the Defendant shall make its next document production to the Plaintiff on or before August 31, 2019. As instructed in the Court's March 14, 2019 Minute Order, the Defendant must produce at least 500 pages of documents. It is further ordered that the parties shall then resume the regular production schedule set in the Court's March 14, 2019 Minute Order: the Defendant shall produce at least 500 pages of documents by the end of each month. Signed by Judge Trevor N. McFadden on 07/03/2019. (lctnm2) (Entered: 07/03/2019)
2019-07-03Set/Reset Deadlines: Defendant's next document production due by 8/31/2019. (hmc) (Entered: 07/03/2019)
2019-08-0819NOTICE OF SUBSTITUTION OF COUNSEL by Benjamin M. Seel on behalf of DEMOCRACY FORWARD FOUNDATION Substituting for attorney Adam Grogg (Seel, Benjamin) (Entered: 08/08/2019)
2019-09-0320Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (McBride, Patricia) (Entered: 09/03/2019)
2019-09-04MINUTE ORDER. Upon consideration of the parties 20 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before October 3, 2019. The status report should advise the Court about the Defendants processing of the Plaintiffs FOIA request and propose how the parties would like to proceed in this matter. Signed by Judge Trevor N. McFadden on 09/04/2019. (lctnm2) (Entered: 09/04/2019)
2019-09-05Set/Reset Deadlines: Joint Status Report due by 10/3/2019. (hmc) (Entered: 09/05/2019)
2019-10-0321Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (McBride, Patricia) (Entered: 10/03/2019)
2019-10-07MINUTE ORDER. Upon consideration of the 21 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before December 12, 2019. Signed by Judge Trevor N. McFadden on 10/7/2019. (lctnm2) (Entered: 10/07/2019)
2019-10-07Set/Reset Deadlines: Joint Status Report due by 12/12/2019. (hmc) (Entered: 10/07/2019)
2019-12-1222STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 12/12/2019)
2019-12-13MINUTE ORDER. Upon consideration of Plaintiff's 22 Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before February 13, 2020. It is further ORDERED that the parties shall appear for a status conference on February 18, 2020, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/13/2019. (lctnm2) (Entered: 12/13/2019)
2019-12-13Set/Reset Deadlines/Hearings: Joint Status Report due by 2/13/2020. Status Conference set for 2/18/2020 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 12/13/2019)
2020-02-1323Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 02/13/2020)
2020-02-18Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 2/18/2020. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 02/18/2020)
2020-02-18MINUTE ORDER. The parties are hereby ORDERED to file their next Joint Status Report on or before April 13, 2020. The parties shall file further Joint Status Reports every 60 days thereafter. The parties shall continue to abide by this Court's Minute Order of March 14, 2019: the Defendant shall process 500 pages of records per month by the end of each month, and any monthly shortfall will be made up in the following month. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/18/2020. (lctnm2) (Entered: 02/18/2020)
2020-02-18Set/Reset Deadlines: Joint Status Report due by 4/13/2020, and every 60 days thereafter. (hmc) (Entered: 02/18/2020)
2020-04-1324Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (McBride, Patricia) (Entered: 04/13/2020)
2020-04-14MINUTE ORDER. Upon consideration of the 24 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before May 20, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/14/2020. (lctnm2) (Entered: 04/14/2020)
2020-04-14Set/Reset Deadlines: Joint Status Report due by 5/20/2020. (hmc) (Entered: 04/14/2020)
2020-05-2025Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (McBride, Patricia) (Entered: 05/20/2020)
2020-05-20MINUTE ORDER. Upon consideration of the 25 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before July 20, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/20/2020. (lctnm2) (Entered: 05/20/2020)
2020-05-21Set/Reset Deadlines: Joint Status Report due by 7/20/2020. (hmc) (Entered: 05/21/2020)
2020-07-2026Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (McBride, Patricia) (Entered: 07/20/2020)
2020-07-21MINUTE ORDER. Upon consideration of the 26 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before August 20, 2020. The report should update the Court on the status of Defendant's processing of records and in particular the parties' efforts at narrowing the scope of this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/21/2020. (lctnm2) (Entered: 07/21/2020)
2020-07-21Set/Reset Deadlines: Joint Status Report due by 8/20/2020. (hmc) (Entered: 07/21/2020)
2020-08-2027Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (McBride, Patricia) (Entered: 08/20/2020)
2020-08-20MINUTE ORDER. Upon consideration of the 27 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before September 22, 2020. The report should detail the parties' next steps in this matter and their efforts to reduce or eliminate any remaining disputes, and it should propose a summary judgment briefing schedule if appropriate. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/20/2020. (lctnm2) (Entered: 08/20/2020)
2020-08-20Set/Reset Deadlines: Joint Status Report due by 9/22/2020. (hmc) (Entered: 08/20/2020)
2020-09-2128Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (McBride, Patricia) (Entered: 09/21/2020)
2020-09-22MINUTE ORDER. Upon consideration of the 28 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before October 22, 2020. The report should advise the Court of any remaining disputed issues and propose a briefing schedule, if appropriate. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/22/2020. (lctnm2) (Entered: 09/22/2020)
2020-09-22Set/Reset Deadlines: Joint Status Report due by 10/22/2020. (hmc) (Entered: 09/22/2020)
2020-10-2129Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (McBride, Patricia) (Entered: 10/21/2020)
2020-10-22MINUTE ORDER: Upon consideration of the parties' 29 Joint Status Report, the parties shall submit the next Joint Status Report on or before 12/2/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/22/2020. (lctnm2) (Entered: 10/22/2020)
2020-10-22Set/Reset Deadlines: Joint Status Report due by 12/2/2020. (hmc) (Entered: 10/22/2020)
2020-11-2330STIPULATION of Dismissal by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 11/23/2020)
2020-11-23MINUTE ORDER. Pursuant to the 30 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii) (stating that "the plaintiff may dismiss an action without court order by filing... a stipulation of dismissal signed by all parties who have appeared"). The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/23/2020. (lctnm2) (Entered: 11/23/2020)
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