Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that the Department of Veterans Affairs must process a FOIA request from the National Association of Minority Veterans in which the organization revised its original request after negotiating with the agency to clarify the records it wanted. In doing so, Contreras rejected the agency's contention that because NAMV's original request was unclear, the agency no longer had any obligation to respond to it, but instead, NAMV was required to submit a new FOIA request to obligate the agency to process its modified request. NAMV originally requested records from the VA Office of Inspector General containing numerous separate requests pertaining to the policies and practices of the VA Police Force at Veterans Health Administration facilities. OIG initially responded that all responsive records had been destroyed pursuant to retention schedules in 2019 and that as a result, no responsive records were found. NAMV filed an administrative appeal, arguing that portions of its request asked for records since 2019. In its appeal, NAMV noted that while it recognized that records from a 2013 report had been properly destroyed, their original request also referenced three specific OIG reports â€" one from January 30, 2018, one from December 13, 2018, and a third from June 17, 2020. The appeal letter indicated that the "request in Part II D was not limited to the 2013 report" and that accordingly, responsive "records should exist." Instead, OIG denied NAMV's appeal, noting that NAMV's request asked for records created between 2013 and 2020, that the 2013 records were legally destroyed, but made no mention of the other reports before concluding that "the search by the FOIA staff was adequate and reasonable." NAMV then filed suit, asking Contreras to order the agency to respond to its FOIA request. The parties negotiated over the scope of NAMV's FOIA request. NAMV agreed to accept the three referenced reports with accompanying data. However, several months later, OIG changed its position and told Contreras that it believed NAMV's request did not reasonably describe the records sought, and that it had previously conducted an adequate search and found no responsive records. Contreras described OIG's new position as claiming that the negotiations with NAMV constituted a second new FOIA request, not a revision of the original request. He pointed out that "VA claims that it is entitled to summary judgment on the Original Request based on overlapping arguments that the Association failed to reasonably describe the records sought, that a search would be futile, and/or that the search conducted was adequate." In response, NAMV argued that "the August 23 Email was not a new FOIA request, but rather an attempt, invited by the VA and common in FOIA litigation, to narrow the scope of the Original Request." Contreras agreed with NAMV, noting that "the records make unmistakably clear that the August 23 Email was part of an ongoing negotiation about the scope of the Original Request, not a new request." He pointed out that "the VA's conclusory assertion that the August 23 Email represented a new FOIA request is overwhelmingly contradicted by the evidence that both parties understood, and twice submitted to the Court, that the August 23 Email was solicited by the VA as part of an ongoing negotiation to narrow the scope of the Original Request." Contreras indicated that "it would equally disrespect administrative exhaustion's function as a 'core component of orderly procedure and good administration' to effectuate an agency's self-serving waiver of perfection requirements in order to label an email sent during ongoing negotiations as a new FOIA request, and then turn around and claim that the requester failed to exhaust administrative remedies by not appealing the agency's response to a new request before coming to court. The Court will not sanction the VA's attempt to do so here." Contreras then concluded that the negotiated request controlled the situation here. He noted that "the Negotiated Request clearly narrowed the universe of requested material by confining it to subcategories of information related to three particular OIG reports. Moreover, the parties repeatedly expressed an understanding that the whole point of the negotiation leading to the August 23 Email was to narrow the scope of the Original Request." The VA had originally identified 1.869 pages as responsive to the negotiated request. It released 95 pages with redactions. It claimed that it was not required to defend the exemption claims at this point. While Contreras noted that the burden was on the agency to defend its exemptions, he gave the agency another opportunity to do so.
Issues: Request - Perfected request

Date Filed	Doc #	Docket Text
2021-05-11	1	COMPLAINT against UNITED STATES DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 402 receipt number ADCDC-8442290) filed by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Request to Department of Veteans Affairs, # 3 Summons Request to U.S. Attorney General, # 4 Summons Request to U.S. Attorneys Office)(Strugar, Matthew) (Main Document 1 flattened and replaced on 5/13/2021) (ztnr). (Entered: 05/11/2021)
2021-05-11	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL ASSOCIATION OF MINORITY VETERANS (Strugar, Matthew) (Entered: 05/11/2021)
2021-05-12		NOTICE OF ERROR re 1 Complaint; emailed to matthew@matthewstrugar.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 05/12/2021)
2021-05-13		NOTICE OF ERROR re 1 Complaint; emailed to matthew@matthewstrugar.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 05/13/2021)
2021-05-14	3	CIVIL COVER SHEET by NATIONAL ASSOCIATION OF MINORITY VETERANS re 1 Complaint, filed by NATIONAL ASSOCIATION OF MINORITY VETERANS. Related document: 1 Complaint, filed by NATIONAL ASSOCIATION OF MINORITY VETERANS.(Strugar, Matthew) (Entered: 05/14/2021)
2021-05-17		Case Assigned to Judge Rudolph Contreras and Judge Rudolph Contreras. (zsb) (Entered: 05/17/2021)
2021-05-17	4	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/17/2021)
2021-06-22	5	NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (DeGenaro, Stephen) (Entered: 06/22/2021)
2021-06-22	6	Consent MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 06/22/2021)
2021-06-22		MINUTE ORDER: granting 6 Defendant's Consent Motion for Extension of Time to Respond to the Complaint. It is hereby ORDERED that the Defendant shall respond to Plaintiff's Complaint on or before August 6, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 6/22/2021. (lcrc2) (Entered: 06/22/2021)
2021-08-06	7	ANSWER to Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.(DeGenaro, Stephen) (Entered: 08/06/2021)
2021-08-06	8	STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 08/06/2021)
2021-08-13	9	NOTICE of Appearance- Pro Bono by Sunita Patel on behalf of All Plaintiffs (Patel, Sunita) (Entered: 08/13/2021)
2021-08-16	10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Courtney Bachman, Filing fee $ 100, receipt number ADCDC-8670582. Fee Status: Fee Paid. by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Patel, Sunita) (Entered: 08/16/2021)
2021-08-16		MINUTE ORDER: denying without prejudice 10 Motion for Leave to Appear Pro Hac Vice . The declaration in support of the motion for admission pro hac vice does not comply with all relevant local rules. An application for admission pro hac vice must additionally state in the declaration a certification that the attorney either has or has not been disciplined by any bar, and if the attorney has been disciplined by any bar, the circumstances and details of the discipline" (D.D.C. Civ. R. 83.2(d)(4)). It is hereby ORDERED that the 10 Motion for Leave to Appear Pro Hac Vice is DENIED WITHOUT PREJUDICE. SO ORDERED. Signed by Judge Rudolph Contreras on 8/16/2021. (lcrc2) (Entered: 08/16/2021)
2021-08-18	11	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Courtney Bachman, Filing fee $ 100, receipt number ADCDC-8677423. Fee Status: Fee Paid. by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Patel, Sunita) (Entered: 08/18/2021)
2021-08-18		MINUTE ORDER: granting 11 Motion for Leave to Appear Pro Hac Vice . Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Courtney Bachman is admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . SO ORDERED. Signed by Judge Rudolph Contreras on 8/18/2021. (lcrc2) (Entered: 08/18/2021)
2021-09-02		MINUTE ORDER: Upon consideration of 8 Defendant's Status Report and Proposed Schedule, it is hereby ORDERED that the parties shall submit a joint status report on or before October 5, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 9/2/2021. (lcrc2) (Entered: 09/02/2021)
2021-09-03		Set/Reset Deadlines: Joint Status Report due by 10/5/2021. (zgdf) (Entered: 09/03/2021)
2021-10-05	12	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 10/05/2021)
2021-10-06		MINUTE ORDER: Upon consideration of 12 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before December 6, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 10/06/2021. (lcrc2) (Entered: 10/06/2021)
2021-10-07		Set/Reset Deadlines: Joint Status Report on or before 12/6/2021. (zgdf) (Entered: 10/07/2021)
2021-12-06	13	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 12/06/2021)
2021-12-06		MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before February 4, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 12/6/2021. (lcrc2) (Entered: 12/06/2021)
2021-12-25	14	NOTICE OF SUBSTITUTION OF COUNSEL by Bradley Silverman on behalf of UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Substituting for attorney Stephen DeGenaro (Silverman, Bradley) (Entered: 12/25/2021)
2022-02-03	15	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Silverman, Bradley) (Entered: 02/03/2022)
2022-02-03		MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report, it is hereby ORDERED that the following schedule shall govern dispositive motions briefing in this matter: Defendant's Motion to Dismiss, or alternatively for Summary Judgment, shall be filed on or before April 1, 2022; Plaintiff's Response to Defendant's Motion and Cross-Motion for Summary Judgment shall be filed on or before May 6, 2022; Defendant's Reply in Support of Motion to Dismiss, or Alternatively for Summary Judgment, and Response to Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before June 10, 2022; and Plaintiff's Reply in Support of Cross-Motion for Summary Judgment shall be filed on or before July 1, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 2/3/2022. (lcrc2) (Entered: 02/03/2022)
2022-03-29	16	Consent MOTION for Extension of Time to File Motion for Summary Judgment And Subsequent Briefing by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Silverman, Bradley) (Entered: 03/29/2022)
2022-03-29		MINUTE ORDER granting 16 Consent Motion for Extension of Time: It is hereby ORDERED that the motion is GRANTED, and that the briefing schedule is modified as follows: Defendant's Motion for Summary Judgment is due on or before April 8, 2022; Plaintiff's Response and Cross-Motion is due on or before May 13, 2022; Defendant's Response and Reply is due on or before June 17, 2022; and Plaintiff's Reply is due on or before July 8, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 3/29/2022. (lcrc2) (Entered: 03/29/2022)
2022-04-01		Set/Reset Deadlines: Summary Judgment motions due by 4/8/2022; Response to Motion for Summary Judgment due by 5/13/2022; Reply to Motion for Summary Judgment due by 6/17/2022; Cross Motions due by 5/13/2022; Response to Cross Motions due by 6/17/2022. Reply to Cross Motions due by 7/8/2022. (tj) (Entered: 04/01/2022)
2022-04-08	17	Consent MOTION for Extension of Time to Move for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Silverman, Bradley) (Entered: 04/08/2022)
2022-04-08		MINUTE ORDER granting 17 Consent Motion for Extension of Time: It is hereby ORDERED that the motion is GRANTED, and that the briefing schedule is modified as follows: Defendant's Motion for Summary Judgment is due on or before April 11, 2022; Plaintiff's Response and Cross-Motion is due on or before May 16, 2022; Defendant's Response and Reply is due on or before June 20, 2022; and Plaintiff's Reply is due on or before July 11, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 4/8/22. (lcrc2) (Entered: 04/08/2022)
2022-04-11	18	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Ruthlee Gowins-Bellamy, # 4 Text of Proposed Order)(Silverman, Bradley) (Entered: 04/11/2022)
2022-05-13	19	Consent MOTION for Extension of Time to File Plaintiffs Response to Motion and Cross-Motion for Summary Judgment by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Strugar, Matthew) (Entered: 05/13/2022)
2022-05-13		MINUTE ORDER granting 19 Consent Motion to Extend Deadline: It is hereby ORDERED that the motion is granted, and that the briefing schedule is modified as follows: Plaintiff's Response and Cross-Motion is due on or before May 30, 2022; Defendant's Response and Reply is due on or before July 5, 2022; and Plaintiff's Reply is due on or before July 26, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 5/13/2022. (lcrc2) (Entered: 05/13/2022)
2022-05-31	20	Memorandum in opposition to re 18 MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Statement of Facts, # 2 Declaration of Coutney Bachman, # 3 Declaration of Matthew Strugar, # 4 Plaintiff's Evidentiary Objections)(Strugar, Matthew) (Entered: 05/31/2022)
2022-05-31	21	Cross MOTION for Summary Judgment by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment, # 2 Statement of Facts, # 3 Declaration of Courtney Bachman, # 4 Declaration of Matthew Strugar, # 5 Plaintiff's Evidentiary Objections, # 6 Text of Proposed Order)(Strugar, Matthew) (Entered: 05/31/2022)
2022-07-05	22	Consent MOTION for Extension of Time to Extend Reply/Cross-Response Deadline By Three Days by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Silverman, Bradley) (Entered: 07/05/2022)
2022-07-05		MINUTE ORDER granting 22 Consent Motion for Extension of Time: It is hereby ORDERED that the motion is GRANTED, and that Defendant's combined Reply and Opposition is due on or before July 8, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 7/5/2022. (lcrc2) (Entered: 07/05/2022)
2022-07-06	23	REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Second Declaration of Ruthlee Gowins-Bellamy, # 2 Exhibits A-B)(Silverman, Bradley) (Entered: 07/06/2022)
2022-07-06	24	RESPONSE re 21 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Second Declaration of Ruthlee Gowins-Bellamy, # 2 Exhibits A-B)(Silverman, Bradley) (Entered: 07/06/2022)
2022-07-11	25	ERRATA Regarding Second Declaration of Ruthlee Gowins-Bellamy by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS re 24 Response to motion filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, 23 Reply to opposition to Motion filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Second Declaration of Ruthlee Gowins-Bellamy)(Silverman, Bradley) (Entered: 07/11/2022)
2022-07-26	26	REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Strugar, Matthew) (Entered: 07/26/2022)
2022-10-31	27	NOTICE OF SUBSTITUTION OF COUNSEL by Christina O'Tousa on behalf of UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Substituting for attorney Bradley G. Silverman (O'Tousa, Christina) (Entered: 10/31/2022)
2022-11-09	28	NOTICE of Appearance by Courtney Michelle Bachman on behalf of NATIONAL ASSOCIATION OF MINORITY VETERANS (Bachman, Courtney) (Entered: 11/09/2022)
2022-11-18	29	ORDER denying 18 Defendant's Motion for Summary Judgment and granting in part and denying in part 21 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 11/18/22. (lcrc2) (Entered: 11/18/2022)
2022-11-18	30	MEMORANDUM OPINION denying 18 Defendant's Motion for Summary Judgment and granting in part and denying in part 21 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 11/18/22. (lcrc2) (Entered: 11/18/2022)
2022-11-21		Set/Reset Deadlines: Proposed Schedule due by 12/2/2022. (mac) (Entered: 11/21/2022)
2022-11-21	31	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aisha Novasky, Filing fee $ 100, receipt number ADCDC-9688276. Fee Status: Fee Paid. by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Declaration os Aisha Novasky, # 2 Exhibit A to Novasky Declaration, # 3 Exhibit B to Novasky Declaration, # 4 Text of Proposed Order)(Strugar, Matthew) (Entered: 11/21/2022)
2022-11-22		MINUTE ORDER granting 31 Plaintiff's Motion for Leave to Appear Pro Hac Vice. Attorney Aisha Cheri Novasky is hereby admitted to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Rudolph Contreras on 11/22/22. (lcrc2) (Entered: 11/22/2022)
2022-11-23	32	NOTICE of Appearance by Aisha Cheri Novasky on behalf of NATIONAL ASSOCIATION OF MINORITY VETERANS (Novasky, Aisha) (Entered: 11/23/2022)
2022-12-02	33	Joint STATUS REPORT , with proposed order by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (O'Tousa, Christina) (Entered: 12/02/2022)
2022-12-05		MINUTE ORDER: Upon consideration of 33 the parties' Joint Status Report, it is hereby ORDERED that the following schedule shall govern further proceedings: Defendant shall provide to Plaintiff a draft Vaughn Index concerning the redactions and withholdings applied to the October 6, 2021 production on or before December 20, 2022; and the parties shall file a joint status report updating the Court on the status of negotiations and, if necessary, proposing a briefing schedule for renewed summary judgment motions on or before January 17, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12/5/22. (lcrc2) (Entered: 12/05/2022)
2023-01-17	34	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (O'Tousa, Christina) (Entered: 01/17/2023)
2023-01-18		MINUTE ORDER: Upon consideration of 34 the parties' Joint Status Report, it is hereby ORDERED that the following schedule shall govern further proceedings in this matter: Defendant shall submit its motion for summary judgment on or before March 3, 2023; Plaintiff shall submit its opposition and cross-motion for summary judgment on or before April 3, 2023; Defendant shall submit its opposition and any reply on or before May 3, 2023; and Plaintiff shall submit any reply on or before May 24, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1/18/23. (lcrc2) (Entered: 01/18/2023)
2023-02-28	35	Consent MOTION to Modify Summary Judgment Briefing Schedule by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 02/28/2023)
2023-03-01		MINUTE ORDER granting 35 Defendant's Consent Motion to Modify Summary Judgment Briefing Schedule: It is hereby ORDERED that the following schedule shall govern further proceedings in this matter: Defendant shall file its motion for summary judgment on or before March 16, 2023; Plaintiff shall file its opposition and any cross-motion for summary judgment on or before April 17, 2023; Defendant shall file its opposition and any reply on or before May 17, 2023; and Plaintiff shall file any reply on or before June 7, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3/1/23. (lcrc2) (Entered: 03/01/2023)
2023-03-15	36	Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (O'Tousa, Christina) (Entered: 03/15/2023)
2023-03-15		MINUTE ORDER granting 36 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its motion for summary judgment on or before March 21, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3/15/23. (lcrc2) (Entered: 03/15/2023)
2023-03-21	37	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Memorandum in Support, # 2 Declaration (3rd) of Ruthlee Gowins-Bellamy (VA OIG), # 3 Exhibit 1 to 3rd Gowins-Bellamy Decl. (OIG Vaughn Index), # 4 Exhibit A to 3rd Gowins-Bellamy Decl., # 5 Exhibit B to 3rd Gowins-Bellamy Decl., # 6 Exhibit C to 3rd Gowins-Bellamy Decl., # 7 Exhibit D to 3rd Gowins-Bellamy Decl., # 8 Exhibit E to 3rd Gowins-Bellamy Decl. (Modified FOIA Request), # 9 Exhibit F to 3rd Gowins-Bellamy Decl. (OIG Response to Modified FOIA Request), # 10 Exhibit G to 3rd Gowins-Bellamy Decl., # 11 Exhibit H to 3rd Gowins-Bellamy Decl., # 12 Exhibit I to 3rd Gowins-Bellamy Decl., # 13 Declaration of Deana M. Marakowski (VA VHA), # 14 Exhibit 2 to Marakowski Decl. (VHA Vaughn Index), # 15 Exhibit J to Marakowski Decl. (VHA Referral Response), # 16 Exhibit K to Marakowski Decl., # 17 Declaration of Octavia Smalls (VA OSP), # 18 Exhibit 3 to Smalls Decl. (OSP Vaughn Index), # 19 Exhibit L to Smalls Decl. (OSP Referral Response), # 20 Statement of Facts, # 21 Text of Proposed Order)(O'Tousa, Christina); Modified Date Filed on 3/23/2023 (ztth). (Entered: 03/23/2023)
2023-03-23	37	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Memorandum in Support, # 2 Declaration (3rd) of Ruthlee Gowins-Bellamy (VA OIG), # 3 Exhibit 1 to 3rd Gowins-Bellamy Decl. (OIG Vaughn Index), # 4 Exhibit A to 3rd Gowins-Bellamy Decl., # 5 Exhibit B to 3rd Gowins-Bellamy Decl., # 6 Exhibit C to 3rd Gowins-Bellamy Decl., # 7 Exhibit D to 3rd Gowins-Bellamy Decl., # 8 Exhibit E to 3rd Gowins-Bellamy Decl. (Modified FOIA Request), # 9 Exhibit F to 3rd Gowins-Bellamy Decl. (OIG Response to Modified FOIA Request), # 10 Exhibit G to 3rd Gowins-Bellamy Decl., # 11 Exhibit H to 3rd Gowins-Bellamy Decl., # 12 Exhibit I to 3rd Gowins-Bellamy Decl., # 13 Declaration of Deana M. Marakowski (VA VHA), # 14 Exhibit 2 to Marakowski Decl. (VHA Vaughn Index), # 15 Exhibit J to Marakowski Decl. (VHA Referral Response), # 16 Exhibit K to Marakowski Decl., # 17 Declaration of Octavia Smalls (VA OSP), # 18 Exhibit 3 to Smalls Decl. (OSP Vaughn Index), # 19 Exhibit L to Smalls Decl. (OSP Referral Response), # 20 Statement of Facts, # 21 Text of Proposed Order)(O'Tousa, Christina) (Entered: 03/23/2023)
2023-04-20	38	Consent MOTION for Extension of Time to File Response/Reply Motion for Summary Judgment by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Exhibit 2023.03.14 NAMVETS v. VA Business Day Extension Email, # 2 Text of Proposed Order 2023.04.20 Proposed Order to Extend Deadlines Nunc Pro Tunc)(Novasky, Aisha) (Entered: 04/20/2023)
2023-04-20		MINUTE ORDER granting 38 Plaintiff's Consent Motion for Extension of Time Nunc Pro Tunc: It is hereby ORDERED that the following schedule shall govern further proceedings in this matter: Plaintiff shall submit its opposition and cross-motion for summary judgement on or before May 5, 2023; Defendant shall submit its opposition and any reply on or before June 16, 2023; and Plaintiff shall submit any reply on or before June 30, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/20/23. (lcrc2) (Entered: 04/20/2023)
2023-05-05	39	Memorandum in opposition to re 37 Motion for Summary Judgment,,,, filed by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Counter-Statement of Material Fact, # 2 Declaration of Matthew Strugar, # 3 Exhibit A to Strugar Declaration, # 4 Exhibit B to Strugar Declaration, # 5 Exhibit C to Strugar Declaration, # 6 Text of Proposed Order)(Strugar, Matthew) (Entered: 05/05/2023)
2023-05-05	40	Cross MOTION for Summary Judgment by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Memorandum in Support, # 2 Counter-Statement of Material Fact, # 3 Declaration of Matthew Strugar, # 4 Exhibit A to Strugar Declaration, # 5 Exhibit B to Strugar Declaration, # 6 Exhibit C to Strugar Declaration, # 7 Text of Proposed Order)(Strugar, Matthew) (Entered: 05/05/2023)
2023-06-13	41	Consent MOTION to Modify Summary Judgment Briefing Schedule by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 06/13/2023)
2023-06-14		MINUTE ORDER granting 41 Defendant's Consent Motion to Modify the Briefing Schedule: It is hereby ORDERED that the summary judgment briefing schedule is modified as follows: Defendant shall submit its opposition to Plaintiff's cross-motion for summary judgment and any reply in support of its motion for summary judgment on or before June 21, 2023; and Plaintiff shall submit any reply in support of its cross-motion for summary judgment on or before July 11, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 6/14/23. (lcrc2) (Entered: 06/14/2023)
2023-06-21	42	Consent MOTION to Modify Summary Judgment Briefing Schedule by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 06/21/2023)
2023-06-21		MINUTE ORDER granting 42 Defendant's Consent Motion to Modify the Briefing Schedule: It is hereby ORDERED that the summary judgment briefing schedule is modified as follows: Defendant shall submit its opposition to Plaintiff's cross-motion for summary judgment and any reply in support of its motion for summary judgment on or before June 28, 2023; and Plaintiff shall submit any reply in support of its cross-motion for summary judgment on or before July 18, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 6/21/23. (lcrc2) (Entered: 06/21/2023)
2023-06-28	43	Memorandum in opposition to re 40 Motion for Summary Judgment, filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Declaration (Fourth) of Ruthlee Gowins-Bellamy)(O'Tousa, Christina) (Entered: 06/28/2023)
2023-06-28	44	REPLY to opposition to motion re 37 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Declaration (Fourth) of Ruthlee Gowins-Bellamy)(O'Tousa, Christina) (Entered: 06/28/2023)
2023-07-15	45	Consent MOTION for Extension of Time to File Response/Reply as to 40 Cross MOTION for Summary Judgment by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Strugar, Matthew) (Entered: 07/15/2023)
2023-07-17		MINUTE ORDER granting 45 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall submit any reply in support of its cross-motion for summary judgment on or before August 1, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 7/17/23. (lcrc2) (Entered: 07/17/2023)
2023-08-01	46	REPLY to opposition to motion re 40 Cross MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Strugar, Matthew) (Entered: 08/01/2023)
2024-01-08	47	ORDER directing the Veterans Administration to submit documents in camera for the court's review. (Signed by Judge Rudolph Contreras on 01/08/2024). (lcrc2) (Entered: 01/08/2024)
2024-02-07	48	NOTICE of Ex Parte Submission for In Camera Review by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS re 47 Order (O'Tousa, Christina) (Entered: 02/07/2024)
2024-02-27	49	ORDER granting in part and denying in part 37 Defendant's Motion for Summary Judgment; granting in part and denying in part 40 Plaintiff's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 02/27/2024. (lcrc2) (Entered: 02/27/2024)
2024-02-27	50	MEMORANDUM OPINION granting in part and denying in part 37 Defendant's Motion for Summary Judgment; granting in part and denying in part 40 Plaintiff's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 02/27/2024. (lcrc2) (Entered: 02/27/2024)
2024-03-09	51	Joint MOTION for Extension of Time to Move for Award of Attorneys' Fees and Costs by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Text of Proposed Order)(Strugar, Matthew) (Entered: 03/09/2024)
2024-03-11		MINUTE ORDER granting 51 Joint Motion for Extension of Time. It is hereby ORDERED that Plaintiff's motion for an award of attorneys fees and costs shall be filed on or before May 6, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 03/11/2024. (lcrc2) (Entered: 03/11/2024)
2024-04-29	52	Consent MOTION for Extension of Time to File to File Motion for Attorneys' Fees and Costs by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Text of Proposed Order)(Strugar, Matthew) (Entered: 04/29/2024)
2024-04-29		MINUTE ORDER granting 52 Consent Motion for Extension of Time. It is hereby ORDERED that Plaintiff shall file its motion for attorneys' fees and costs on or before June 28, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 04/29/2024. (lcrc2) (Entered: 04/29/2024)
2024-06-20	53	Consent MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs by NATIONAL ASSOCIATION OF MINORITY VETERANS. (Attachments: # 1 Text of Proposed Order)(Strugar, Matthew) (Entered: 06/20/2024)
2024-06-20		MINUTE ORDER granting 53 Consent Motion for Extension of Time. It is hereby ORDERED that Plaintiff may file a motion for attorneys' fees and costs on or before July 29, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 06/20/2024. (lcrc2) (Entered: 06/20/2024)
2024-07-29	54	STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (O'Tousa, Christina) (Entered: 07/29/2024)
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