Skip to content

Case Detail

[Subscribe to updates]
Case TitleSiu v. United States Department of Veterans Affairs
DistrictSouthern District of California
CitySan Diego
Case Number3:2021cv01110
Date Filed2021-06-14
Date Closed2022-05-10
JudgeJudge Todd W. Robinson
PlaintiffGordon Siu PRO SE ALLOWED TO E-FILE
Case DescriptionGordon Siu submitted a FOIA request to the Department of Veterans Affairs for records concerning his claims file. The agency acknowledged receipt of the request. The agency denied the request under Exemption 6 (invasion of privacy). Siu filed two separate administrative appeals, arguing that Exemption 6 did not apply to records abut oneself. After hearing nothing further from the agency, Siu filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUnited States Department of Veterans Affairs
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-141COMPLAINT against United States Department of Veterans Affairs ( Filing fee $ 402 receipt number CAS130351.), filed by Gordon Siu. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:21-cv-1110-TWR-MDD. Judge Todd W. Robinson and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Siu, Gordon)(smd)(sjt). (Entered: 06/15/2021)
2021-06-142Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (smd)(sjt). (Entered: 06/15/2021)
2021-06-213SUMMONS Returned Executed by Gordon Siu. United States Department of Veterans Affairs served. (sxa) (Entered: 06/22/2021)
2021-06-254Plaintiff's Ex-Parte Motion for Leave to Electronically File Documents by Gordon Siu. (Attachments: # 1 Declaration in Support, # 2 Certificate of Service)(jmo) (Entered: 06/25/2021)
2021-06-305ORDER Granting 4 Ex Parte Motion for Leave to Electronically File Documents. Signed by Judge Todd W. Robinson on 6/30/21. (All non-registered users served via U.S. Mail Service)(sxa) (Entered: 06/30/2021)
2021-07-136Ex Parte MOTION for Extension of Time to File Response to Complaint Unopposed by United States Department of Veterans Affairs. (Church, Rebecca)Attorney Rebecca Grace Church added to party United States Department of Veterans Affairs(pty:dft) (jrm). (Entered: 07/13/2021)
2021-07-207ORDER Granting 6 Unopposed Ex Parte Application for an Extension of Time to Respond to the Complaint. Defendant Shall Respond to the Complaint on before 8/18/2021. Signed by Judge Todd W. Robinson on 7/20/21. (sxa) (Entered: 07/20/2021)
2021-08-128Joint MOTION for Protective Order by United States Department of Veterans Affairs. (Church, Rebecca)(sxa). (Entered: 08/12/2021)
2021-08-139Order Granting 8 Joint Motion for Protective Order : The Court finds good cause to GRANT the parties' joint motion for a protective order. See attached order. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 8/13/2021. (bxr) (Entered: 08/13/2021)
2021-08-1410NOTICE of Change of Address by Gordon Siu (Siu, Gordon) (sxa). (Entered: 08/14/2021)
2021-08-1811ANSWER to 1 Complaint, by United States Department of Veterans Affairs.(Church, Rebecca)(sxa). (Entered: 08/18/2021)
2021-08-1912NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Video Early Neutral Evaluation set for 9/23/2021 at 09:30 AM before Magistrate Judge Mitchell D. Dembin. Video Case Management Conference set for 9/23/2021 at 09:30 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 8/18/21.(sxa) (dlg). (Entered: 08/19/2021)
2021-09-0713AMENDED COMPLAINT First Amended Complaint against United States Department of Veterans Affairs, filed by Gordon Siu. (Attachments: # 1 Exhibit Plaintiff's Exhibits in support of FAC) (Siu, Gordon) (sxa). (Entered: 09/07/2021)
2021-09-1314Joint MOTION for Extension of Time to File and to Vacate ENE and CMC by United States Department of Veterans Affairs. (Church, Rebecca)(sxa). (Entered: 09/13/2021)
2021-09-1515ORDER Denying 14 Joint Motion to Vacate Early Neutral Evaluation and Case Management Conference and For Extension of Time. Signed by Judge Todd W. Robinson on 9/15/21. (sxa) (Entered: 09/15/2021)
2021-09-2116ANSWER to 13 Amended Complaint by United States Department of Veterans Affairs.(Church, Rebecca) (sxa). (Entered: 09/21/2021)
2021-09-2317Order Setting Further Zoom Early Neutral Evaluation and Case Management Conference : An Early Neutral Evaluation and Case Management Conference was held before Magistrate Judge Mitchell D. Dembin on 9/23/2021 via Zoom. The case did not settle. A further Zoom Early Neutral Evaluation and Case Management Conference is set for October 27, 2021 at 9:30 a.m. before Magistrate Judge Mitchell D. Dembin. (Plaintiff Gordon Siu, pro se).(Defendant Attorney Rebecca Church). (no document attached) (bxr) (Entered: 09/23/2021)
2021-10-2718Order Setting Further Zoom Early Neutral Evaluation and Case Management Conference : An Early Neutral Evaluation and Case Management Conference was held before Magistrate Judge Mitchell D. Dembin on 10/27/2021 via Zoom. The case did not settle. A further Zoom Early Neutral Evaluation and Case Management Conference is set for November 29, 2021 at 9:30 a.m. before Magistrate Judge Mitchell D. Dembin. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 10/27/2021. (Defendant Attorney Rebecca Grace Church).(Plaintiff Gordon Siu, pro se). (no document attached) (bxr) (Entered: 10/27/2021)
2021-11-2919Order Setting Settlement Disposition Conference : An Early Neutral Evaluation and Case Management Conference was held on 11/29/2021. The case settled in principle. Accordingly, a telephonic Settlement Disposition Conference will be held January 28, 2022 at 9:15 a.m. before Magistrate Judge Mitchell D. Dembin. Plaintiff and counsel for Defendant are required to participate. The parties are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. If a Joint Motion for Dismissal is filed prior to the SDC, the conference will be taken off calendar. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.) IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 11/29/2021. (Plaintiff Gordon Siu, pro se).(Defendant Attorney Rebecca Grace Church).(Jason Scott, Department of Veterans Affairs Agency Counsel). (no document attached) (bxr) (Entered: 11/29/2021)
2021-11-2920NOTICE of Teleconference Information Sheet. Teleconference set for 01/28/2022 at 9:15 a.m. (bxr) (Entered: 11/29/2021)
2022-01-2821Order Setting Further Settlement Disposition Conference : A telephonic Settlement Disposition Conference was held on 1/28/2022. The parties indicated that they need more time to file their dismissal papers. Accordingly, a further telephonic Settlement Disposition Conference will be held on March 1, 2022 at 9:15 a.m. before Magistrate Judge Mitchell D. Dembin. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. If a Joint Motion for Dismissal is filed prior to the SDC, the conference will be taken off calendar. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 1/28/2022. (Plaintiff Gordon Siu, pro se).(Defendant Attorney Rebecca Grace Church).(Jason Scott, Department of Veterans Affairs Agency Counsel). (no document attached) (bxr) (Entered: 01/28/2022)
2022-01-2822NOTICE of Teleconference Information Sheet. Teleconference set for 3/1/2022 at 9:15 a.m. (bxr) (Entered: 01/28/2022)
2022-03-0123Order Setting Further Settlement Disposition Conference : A telephonic Settlement Disposition Conference was held on 3/1/2022. The parties indicated that they need more time to file their dismissal papers. Accordingly, a further telephonic Settlement Disposition Conference will be held on April 7, 2022 at 9:15 a.m. before Magistrate Judge Mitchell D. Dembin. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. If a Joint Motion for Dismissal is filed prior to the SDC, the conference will be taken off calendar. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 3/1/2022. (Defendant Attorney Rebecca Grace Church).(Plaintiff Gordon Siu, pro se; Defendant Representatives: Jason Scott; Karl Fails; Eugene Maitin; Simon Caines). (no document attached) (bxr) (Entered: 03/01/2022)
2022-03-0124NOTICE of Teleconference Information Sheet. Teleconference set for 4/7/2022 at 9:15 a.m. (bxr) (Entered: 03/01/2022)
2022-03-3025Joint MOTION to Continue telephonic Settlement Disposition Conference by Gordon Siu. (Attachments: # 1 Declaration of Gordon Siu)(Siu, Gordon) (Entered: 03/30/2022)
2022-03-3026ORDER granting 25 Joint Motion to Continue : The parties jointly moved the Court to continue the telephonic Settlement Disposition Conference set for April 7, 2022 due to Plaintiff's unavailability. Upon due consideration, and good cause appearing, the Court GRANTS the parties' joint motion and CONTINUES the Settlement Disposition Conference to April 15, 2022 at 9:15 a.m. The parties are instructed to use the same Notice of Teleconference Information Sheet located at ECF No. 24 . If a Joint Motion for Dismissal is filed prior to the SDC, the conference will be taken off calendar. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 3/30/2022. (no document attached) (bxr) (Entered: 03/30/2022)
2022-04-1527Order Setting Further Settlement Disposition Conference : A telephonic Settlement Disposition Conference was held on 4/15/2022. The parties indicated that they need more time to file their dismissal papers. Accordingly, a further telephonic Settlement Disposition Conference will be held on May 10, 2022 at 9:15 a.m. before Magistrate Judge Mitchell D. Dembin. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. If a Joint Motion for Dismissal is filed prior to the SDC, the conference will be taken off calendar. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 4/15/2022.(Defendant Attorney Rebecca Grace Church).(Plaintiff Gordon Siu, pro se; Defendant Representatives: Jason Scott; Eugene Martin). (no document attached) (bxr) (Entered: 04/15/2022)
2022-04-1528NOTICE of Teleconference Information Sheet. Teleconference set for 5/10/2022 at 9:15 a.m. (bxr) (Entered: 04/15/2022)
2022-04-1829Ex Parte MOTION for Order to Conduct All Future Settlement Disposition Conferences on the Record by Gordon Siu. (Attachments: # 1 Declaration of Gordon Siu)(Siu, Gordon) (Entered: 04/18/2022)
2022-04-1930Order Requiring Defendant to File Opposition to Plaintiff's Ex Parte Motion : The Court ORDERS Defendant to file a response in opposition to Plaintiff's Ex Parte Motion for Order to Conduct All Future Settlement Disposition Conferences on the Record, if any, on or before May 4, 2022 . Reply briefs will not be permitted. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 4/19/2022.(no document attached) (bxr) (Entered: 04/19/2022)
2022-05-0431NON Opposition re 29 Ex Parte MOTION for Order to Conduct All Future Settlement Disposition Conferences on the Record filed by United States Department of Veterans Affairs. (Church, Rebecca) (fth). (Entered: 05/04/2022)
2022-05-0532Joint MOTION to Dismiss Case With Prejudice by United States Department of Veterans Affairs. (Church, Rebecca) (fth). (Entered: 05/05/2022)
2022-05-0533ORDER Vacating Settlement Disposition Conference and Denying as Moot Plaintiff's Ex Parte Motion 29 : In light of the parties' Joint Motion to Dismiss 32 , the Court VACATES the Settlement Disposition Conference set for May 10, 2022. Accordingly, Plaintiff's Ex Parte Motion for Order to Conduct All Future Settlement Disposition Conferences on the Record is DENIED AS MOOT . IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 5/5/2022. (no document attached) (bxr) (Entered: 05/05/2022)
2022-05-1034ORDER granting 32 Joint Motion to Dismiss. As agreed by the Parties, the Court DISMISSES WITH PREJUDICE this action in its entirety, with each Party tobear all of their own attorney's fees and costs relating to this matter, except that Defendant SHALL PAY Plaintiff $462.73 for his costs. Signed by Judge Todd W. Robinson on 5/10/2022. (fth) (Entered: 05/10/2022)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar