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Case TitleLaVan v. United States Department of Veterans Affairs et al
DistrictSouthern District of Florida
CityFt Lauderdale
Case Number0:2013cv62733
Date Filed2013-12-17
Date Closed2014-11-21
JudgeJudge James I. Cohn
PlaintiffKenneth L LaVan
Case DescriptionLaVan, an attorney representing veterans in claims against the VA, submitted 25 separate requests for the claims files of his clients. After the agency failed to respond, he appealed each request. After hearing nothing further from the agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Veterans Affairs
DefendantEric K. Shinseki Secretary of the U.S. Department of Veterans Affairs
DefendantWill A. Gunn
DefendantThe United States of America
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-12-171COMPLAINT against Will Gunn, Eric K. Shinseki, United States Department of Veterans Affairs. Filing fees $ 400.00 receipt number 113C-6318093, filed by Kenneth L LaVan.(Neidenberg, Adam) (Entered: 12/17/2013)
2013-12-172Judge Assignment to Judge James I. Cohn (yha) (Entered: 12/18/2013)
2013-12-183Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (yha) (Entered: 12/18/2013)
2013-12-184NOTICE by Kenneth L LaVan Civil Cover Sheet (Neidenberg, Adam) (Entered: 12/18/2013)
2013-12-185NOTICE by Kenneth L LaVan re 1 Complaint Exhibits (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-H, # 3 Exhibit I-M, # 4 Exhibit N-Q, # 5 Exhibit R-V, # 6 Exhibit W-Z)(Neidenberg, Adam) (Entered: 12/18/2013)
2013-12-186NOTICE of Filing Proposed Summons(es) by Kenneth L LaVan (Attachments: # 1 Summon(s), # 2 Summon(s), # 3 Summon(s))(Neidenberg, Adam) (Entered: 12/18/2013)
2013-12-197Summons Issued as to Will A. Gunn, Eric K. Shinseki, United States Department of Veterans Affairs, and U.S. Attorney. (ar2) (Entered: 12/19/2013)
2014-01-278Unopposed MOTION for Extension of Time Respond to Plaintiff's Complaint re 1 Complaint by United States Department of Veterans Affairs. Attorney Steven R. Petri added to party United States Department of Veterans Affairs(pty:dft). (Attachments: # 1 Text of Proposed Order)(Petri, Steven) Modified text on 1/29/2014 (yar). (Entered: 01/27/2014)
2014-01-279PAPERLESS ORDER granting 8 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall respond to Plaintiff's Complaint by 2/26/2014. Signed by Judge James I. Cohn on 1/27/2014. (sry) (Entered: 01/27/2014)
2014-02-2610Unopposed Second MOTION for Extension of Time to Respond to Plaintiff's Complaint re 1 Complaint by Will Gunn, Eric K. Shinseki, United States Department of Veterans Affairs. Attorney Steven R. Petri added to party Will Gunn(pty:dft), Attorney Steven R. Petri added to party Eric K. Shinseki(pty:dft). (Attachments: # 1 Text of Proposed Order)(Petri, Steven) Modified text on 2/27/2014 (yar). (Entered: 02/26/2014)
2014-02-2611PAPERLESS ORDER granting 10 Defendant's Unopposed Second Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall respond to Plaintiff's Complaint by 3/12/2014. No further extensions of this deadline will be granted. Signed by Judge James I. Cohn on 2/26/2014. (sry) (Entered: 02/26/2014)
2014-03-1212Defendant's ANSWER and Affirmative Defenses to Complaint by United States Department of Veterans Affairs. (Petri, Steven) (Entered: 03/12/2014)
2014-03-1213MOTION for Leave to File an Amended Complaint, With Incorporated Memorandum in Support by Kenneth L LaVan. (Attachments: # 1 Text of Proposed Order, # 2 Amended Complaint, # 3 Exhibit 1-20, # 4 Exhibit 21-40, # 5 Exhibit 41-60, # 6 Exhibit 61-80, # 7 Exhibit 81-100, # 8 Exhibit 101-120, # 9 Exhibit 121-140, # 10 Exhibit 141-160, # 11 Exhibit 161-180, # 12 Exhibit 181-198)(Neidenberg, Adam) Modified text on 3/14/2014 (yar). (Entered: 03/12/2014)
2014-03-1314PAPERLESS ORDER regarding 13 Plaintiff's Motion for Leave to File an Amended Complaint. By 3/20/2014, Plaintiff shall file the certificate of conference required by Local Rule 7.1(a)(3). Signed by Judge James I. Cohn on 3/13/2014. (sry) (Entered: 03/13/2014)
2014-03-1715MOTION to Withdraw Document 13 MOTION for Leave to File Amended Complaint by Kenneth L LaVan. Responses due by 4/3/2014 (Attachments: # 1 Text of Proposed Order)(Neidenberg, Adam) (Entered: 03/17/2014)
2014-03-1816PAPERLESS ORDER granting 15 Plaintiff's Motion to Withdraw 13 Motion for Leave to File an Amended Complaint. Signed by Judge James I. Cohn on 3/18/2014. (sry) (Entered: 03/18/2014)
2014-03-1817Plaintiff's AMENDED COMPLAINT For Declaratory and Injunctive Relief, and For Reasonable Fees and Costs against Will Gunn, Eric K. Shinseki, United States Department of Veterans Affairs, filed by Kenneth L LaVan. (Attachments: # 1 Exhibit 1-20, # 2 Exhibit 21-40, # 3 Exhibit 41-60, # 4 Exhibit 61-80, # 5 Exhibit 81-100, # 6 Exhibit 101-120, # 7 Exhibit 121-140, # 8 Exhibit 141-160, # 9 Exhibit 161-180, # 10 Exhibit 181-198, # 11 Exhibit 199-214)(Neidenberg, Adam) Modified text on 3/24/2014 (yar). (Entered: 03/18/2014)
2014-03-2418Clerks Notice to Filer re 17 Amended Complaint,. Parties Not Added ; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (yar) (Entered: 03/24/2014)
2014-03-2419Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): The United States of America. (Neidenberg, Adam) (Entered: 03/24/2014)
2014-04-0320Defendant's MOTION to Dismiss 17 Amended Complaint,, by The United States of America. Attorney Steven R. Petri added to party The United States of America(pty:dft). Responses due by 4/21/2014 (Attachments: # 1 Exhibit 1)(Petri, Steven) (Entered: 04/03/2014)
2014-04-1721RESPONSE in Opposition re 20 Defendant's MOTION to Dismiss 17 Amended Complaint,, filed by Kenneth L LaVan. (Attachments: # 1 Exhibit 1)(Neidenberg, Adam) (Entered: 04/17/2014)
2014-04-2822Defendant's MOTION for Extension of Time to File Response/Reply as to 21 Response in Opposition to Motion by The United States of America. (Attachments: # 1 Text of Proposed Order)(Petri, Steven) (Entered: 04/28/2014)
2014-04-2823PAPERLESS ORDER granting 22 Defendant's Unopposed Motion for Extension of Time to File Reply. Defendant shall file any Reply in support of its Motion to Dismiss by 5/2/2014. Signed by Judge James I. Cohn on 4/28/2014. (sry) (Entered: 04/28/2014)
2014-05-0224REPLY to Response to Motion re 20 Defendant's MOTION to Dismiss 17 Amended Complaint,, filed by The United States of America, United States Department of Veterans Affairs. (Petri, Steven) (Entered: 05/02/2014)
2014-05-1325MOTION for Leave to File a Second Amended Complaint within 14 days, with Incorperated Memorandum in Support by Kenneth L LaVan. (Attachments: # 1 Text of Proposed Order)(Neidenberg, Adam) (Entered: 05/13/2014)
2014-05-1426RESPONSE/REPLY to 25 MOTION for Leave to File a Second Amended Complaint within 14 days, with Incorperated Memorandum in Support by Will Gunn, Eric K. Shinseki, The United States of America, United States Department of Veterans Affairs. (Petri, Steven) (Entered: 05/14/2014)
2014-05-2127Second AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, AND FOR REASONABLE FEES AND COSTS against Will A. Gunn, Eric K. Shinseki, The United States of America, United States Department of Veterans Affairs, filed by Kenneth L LaVan. (Attachments: # 1 Exhibit 1-20, # 2 Exhibit 21-40, # 3 Exhibit 41-60, # 4 Exhibit 61-80, # 5 Exhibit 81-100, # 6 Exhibit 101-120, # 7 Exhibit 121-140, # 8 Exhibit 141-160, # 9 Exhibit 161-180, # 10 Exhibit 181-198, # 11 Exhibit 199-214)(Neidenberg, Adam) Modified text on 5/22/2014 (yar). (Entered: 05/21/2014)
2014-11-1728NOTICE of Settlement by Will A. Gunn, Eric K. Shinseki, The United States of America, United States Department of Veterans Affairs (Attachments: # 1 Exhibit 1 and A) (Petri, Steven) (Entered: 11/17/2014)
2014-11-2029STIPULATION of Dismissal by Kenneth L LaVan (Neidenberg, Adam) (Entered: 11/20/2014)
2014-11-2130ORDER Closing Case. Signed by Judge James I. Cohn on 11/21/2014. (sry) (Entered: 11/21/2014)
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by FOIA Project Staff
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