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Case TitleO'BRIEN v. DEPARTMENT OF VETERANS AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01011
Date Filed2024-04-10
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffBRETT O'BRIEN
Case DescriptionBrett O'Brien submitted a FOIA request to the Department of Veterans Affairs for records concerning the denial of veterans' benefits. The agency acknowledged receipt of the request. O'Brien filed an administrative appeal. After hearing nothing further from the agency, O'Brien filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT 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

2024-04-101COMPLAINT BRETT O'BRIEN against DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 405 receipt number ADCDC-10816693) filed by BRETT O'BRIEN. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons Dept of VA, # 4 Summons Attorney General, # 5 Summons AUSA)(O'Brien, Brett) (Attachment 2 replaced on 4/11/2024) (znmw). (Entered: 04/10/2024)
2024-04-11Case Assigned to Judge Loren L. AliKhan. (znmw) (Entered: 04/11/2024)
2024-04-112SUMMONS (3) Issued Electronically as to DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/11/2024)
2024-04-303RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/22/2024. (O'Brien, Brett) (Entered: 04/30/2024)
2024-04-304RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF VETERANS AFFAIRS served on 4/22/2024 (O'Brien, Brett) (Entered: 04/30/2024)
2024-05-075NOTICE of Appearance by Douglas C. Dreier on behalf of DEPARTMENT OF VETERANS AFFAIRS (Dreier, Douglas) (Entered: 05/07/2024)
2024-05-076MOTION for Extension of Time to File Response to Plaintiff's Complaint by DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 05/07/2024)
2024-05-087Memorandum in Opposition re 6 MOTION for Extension of Time to File Response to Plaintiff's Complaint by BRETT O'BRIEN. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) Modified event title on 5/9/2024 (znmw). (Entered: 05/08/2024)
2024-05-098REPLY to opposition to motion re 6 MOTION for Extension of Time to File Response to Plaintiff's Complaint filed by DEPARTMENT OF VETERANS AFFAIRS. (Dreier, Douglas) (Entered: 05/09/2024)
2024-05-09MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time to File Response to Plaintiff's Complaint 6 , Plaintiff's Opposition 7 , and Defendant's Reply 8 , it is hereby ORDERED that Defendant's motion is GRANTED IN PART and DENIED IN PART pursuant to Federal Rule of Civil Procedure 6(b), and that Defendant shall file its response to Plaintiff's complaint on or before May 29, 2024. Signed by Judge Loren L. AliKhan on 5/9/2024. (lclla1) (Entered: 05/09/2024)
2024-05-09Set/Reset Deadlines/Hearings: Answer to complaint due by 5/29/2024. (zcdw) (Entered: 05/09/2024)
2024-05-289MOTION to Dismiss and Memorandum in Support Thereof by DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 05/28/2024)
2024-05-2910FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's motion to dismiss, ECF No. 9, on or before June 14, 2024. See order for details. Signed by Judge Loren L. AliKhan on 5/29/2024. (lclla1) (Entered: 05/29/2024)
2024-05-29Set/Reset Deadlines/Hearings: Response to 9 due by 6/14/2024. (zcdw) (Entered: 05/29/2024)
2024-06-1111AMENDED COMPLAINT against DEPARTMENT OF VETERANS AFFAIRS filed by BRETT O'BRIEN. (Attachments: # 1 Exhibit, # 2 Errata, # 3 Exhibit)(O'Brien, Brett) (Entered: 06/11/2024)
2024-06-14MINUTE ORDER: Because Plaintiff has filed an Amended Complaint 11 , Defendant's Motion to Dismiss 9 is DENIED AS MOOT. See Barnes v. District of Columbia , 42 F. Supp. 3d 111, 117 (D.D.C. 2014) ("When a plaintiff files an amended complaint as of right within 21 days after the filing of the motion to dismiss under Rule 12(b), (e), or (f), the amended complaint becomes the operative pleading and any pending motion to dismiss becomes moot." (citations omitted)); 6 Charles Allen Wright et al., Federal Practice and Procedure § 1476 (3d ed. 2023) ("A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified."). Signed by Judge Loren L. AliKhan on 6/14/2024. (lclla1) (Entered: 06/14/2024)
2024-06-2512MOTION to Dismiss Amended Complaint and Memorandum in Support Thereof by DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 06/25/2024)
2024-06-2613FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's motion to dismiss, ECF No. 12, on or before July 16, 2024. See order for details. Signed by Judge Loren L. AliKhan on 6/26/2024. (lclla1) (Entered: 06/26/2024)
2024-06-2614Consent MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by BRETT O'BRIEN. (Attachments: # 1 Text of Proposed Order Proposed Order)(O'Brien, Brett) (Entered: 06/26/2024)
2024-06-27MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss 14 , it is hereby ORDERED that the motion is GRANTED, and that Plaintiff shall file his opposition on or before August 15, 2024. Signed by Judge Loren L. AliKhan on 6/27/2024. (lclla1) (Entered: 06/27/2024)
2024-07-01Set/Reset Deadlines/Hearings: Response to 12 due by 8/15/2024. (zcdw) Modified on 7/1/2024 to link correct filing (zcdw). (Entered: 07/01/2024)
2024-08-0215MOTION for Extension of Time to File by BRETT O'BRIEN. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 08/02/2024)
2024-08-02MINUTE ORDER: Upon consideration of Plaintiff's motion for extension of time 15 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff shall file his opposition on or before August 30, 2024, and Defendant shall file its reply on or before September 13, 2024. Signed by Judge Loren L. AliKhan on 8/2/2024. (lclla1) (Entered: 08/02/2024)
2024-08-05Set/Reset Deadlines/Hearings: Response to 12 due by 8/30/2024. Reply due by 9/13/2024. (zcdw) (Entered: 08/05/2024)
2024-08-2816Memorandum in Opposition to re 12 MOTION to Dismiss Amended Complaint and Memorandum in Support Thereof filed by BRETT O'BRIEN. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) Modified event title on 8/29/2024 (znmw). (Entered: 08/28/2024)
2024-08-3017RESPONSE re 12 MOTION to Dismiss Amended Complaint and Memorandum in Support Thereof filed by BRETT O'BRIEN. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 08/30/2024)
2024-09-1318REPLY to opposition to motion re 12 MOTION to Dismiss Amended Complaint and Memorandum in Support Thereof filed by DEPARTMENT OF VETERANS AFFAIRS. (Dreier, Douglas) (Entered: 09/13/2024)
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