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Case TitleVOTEVETS ACTION FUND v. U.S. DEPARTMENT OF VETERANS AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01090
Date Filed2019-04-18
Date Closed2020-09-17
JudgeJudge Trevor N. McFadden
PlaintiffVOTEVETS ACTION FUND
Case DescriptionVoteVets Action Fund submitted a FOIA request to the Department of Veterans Affairs for records concerning the process for selecting members for the Board of Veterans' Appeals. VoteVets Action Fund also requested a fee waiver. The agency acknowledged receipt of the request and told VoteVets Action Fund that there were 53 FOIA requests before theirs. After hearing nothing further from the agency, VoteVets Action Fund filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver

DefendantU.S. DEPARTMENT OF VETERANS AFFAIRS
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-181COMPLAINT against U.S. DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number 0090-6067170) filed by VOTEVETS ACTION FUND. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D)(Guzman, Javier) (Entered: 04/18/2019)
2019-04-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VOTEVETS ACTION FUND (Guzman, Javier) (Entered: 04/18/2019)
2019-04-183MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aman George, :Firm- Democracy Forward Foundation, :Address- P.O. Box 34553, Washington, D.C. 20043. Phone No. - 202-701-1783. Filing fee $ 100, receipt number 0090-6067193. Fee Status: Fee Paid. by VOTEVETS ACTION FUND (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Guzman, Javier) (Entered: 04/18/2019)
2019-04-19Case Assigned to Judge Trevor N. McFadden. (zef, ) (Entered: 04/19/2019)
2019-04-194SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/19/2019)
2019-04-19MINUTE ORDER granting the 3 Motion for Leave to Appear Pro Hac Vice. Attorney Aman George shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 4/19/2019. (lctnm3) (Entered: 04/19/2019)
2019-04-195STANDING ORDER establishing procedures for cases before Judge Trevor N. McFadden. The parties are directed to read and strictly comply with the attached order. Signed by Judge Trevor N. McFadden on 4/19/2019. (lctnm3) (Entered: 04/19/2019)
2019-04-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/24/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/24/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/24/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF VETERANS AFFAIRS served on 4/23/2019 (Attachments: # 1 Declaration)(George, Aman) (Entered: 04/29/2019)
2019-05-247NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS (Schaefer, Daniel) (Entered: 05/24/2019)
2019-05-248ANSWER to Complaint by U.S. DEPARTMENT OF VETERANS AFFAIRS.(Schaefer, Daniel) (Entered: 05/24/2019)
2019-05-24MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before June 24, 2019. Signed by Judge Trevor N. McFadden on 5/24/2019. (lctnm3) (Entered: 05/24/2019)
2019-05-24Set/Reset Deadlines: Joint Status Report due by 6/24/2019. (hmc) (Entered: 05/24/2019)
2019-06-249Joint STATUS REPORT by VOTEVETS ACTION FUND. (George, Aman) (Entered: 06/24/2019)
2019-06-24MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that a further update shall be filed on or before August 8, 2019. This report shall propose a schedule for further proceedings as necessary. Signed by Judge Trevor N. McFadden on 6/24/2019. (lctnm3) (Entered: 06/24/2019)
2019-06-25Set/Reset Deadlines: Joint Status Report due by 8/8/2019. (hmc) (Entered: 06/25/2019)
2019-08-0810Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/08/2019)
2019-08-09MINUTE ORDER: Upon consideration of the parties 10 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before October 7, 2019. This report shall include the status of Defendants processing of records and responses to Plaintiffs FOIA request, and shall propose a schedule for further proceedings as necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/9/2019. (lctnm3) (Entered: 08/09/2019)
2019-08-09Set/Reset Deadlines: Joint Status Report due by 10/7/2019. (tg) (Entered: 08/09/2019)
2019-10-0711Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/07/2019)
2019-10-08MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before December 5, 2019. The report shall include the status of the Defendant's search results and a proposed schedule moving forward. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/8/2019. (lctnm3) (Entered: 10/08/2019)
2019-10-08Set/Reset Deadlines: Joint Status Report due by 12/5/2019. (hmc) (Entered: 10/08/2019)
2019-12-0512Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/05/2019)
2019-12-0613NOTICE OF WITHDRAWAL OF APPEARANCE as to VOTEVETS ACTION FUND. Attorney Javier M. Guzman terminated. (Guzman, Javier) (Entered: 12/06/2019)
2019-12-06MINUTE ORDER. Upon consideration of the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before March 4, 2020. The report shall update the Court regarding the status of Defendant's processing of records and responses to Plaintiff's FOIA request, and shall propose a schedule for further proceedings as necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/6/2019. (lctnm3) (Entered: 12/06/2019)
2019-12-09Set/Reset Deadlines: Joint Status Report due by 3/4/2020. (hmc) (Entered: 12/09/2019)
2020-03-0414Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 03/04/2020)
2020-03-04MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report on or before June 2, 2020, which shall update the Court regarding the status of Defendant's processing and production, and shall propose a schedule for further proceedings as necessary. Signed by Judge Trevor N. McFadden on 3/4/2020. (lctnm3) (Entered: 03/04/2020)
2020-03-04Set/Reset Deadlines: Joint Status Report due by 6/2/2020. (hmc) (Entered: 03/04/2020)
2020-06-0215Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/02/2020)
2020-06-03MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report on or before August 17, 2020, which shall update the Court regarding the status of Defendant's productions and any outstanding issues, and shall propose a schedule for further proceedings as necessary. Signed by Judge Trevor N. McFadden on 6/3/2020. (lctnm3) (Entered: 06/03/2020)
2020-06-03Set/Reset Deadlines: Joint Status Report due by 8/17/2020. (hmc) (Entered: 06/03/2020)
2020-07-1716NOTICE of Appearance by Benjamin M. Seel on behalf of VOTEVETS ACTION FUND (Seel, Benjamin) (Entered: 07/17/2020)
2020-08-1717Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Graham-Oliver, Heather) (Entered: 08/17/2020)
2020-08-18MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report on or before September 17, 2020, which shall identify any outstanding issues and propose a schedule for further proceedings as necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/18/2020. (lctnm3) (Entered: 08/18/2020)
2020-08-18Set/Reset Deadlines: Joint Status Report due by 9/17/2020. (ztg) (Entered: 08/18/2020)
2020-08-18NOTICE OF ERROR re 17 Status Report; emailed to heather.graham-oliver@usdoj.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Attorney signature must match login/password. (zeg, ) (Entered: 08/18/2020)
2020-09-1718STIPULATION of Dismissal by VOTEVETS ACTION FUND. (George, Aman) (Entered: 09/17/2020)
2020-09-17MINUTE ORDER. Pursuant to the parties' 18 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Each party shall bear its own costs and fees. The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/17/2020. (lctnm3) (Entered: 09/17/2020)
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