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Case TitleLambkin v. U.S. Department of Veterans Affairs et al
DistrictMiddle District of Florida
CityTampa
Case Number8:2014cv00316
Date Filed2014-02-07
Date Closed2015-07-09
JudgeJudge Elizabeth A. Kovachevich
PlaintiffGlen D. Lambkin, Jr.
Case DescriptionGlen Lambkin, a retired Army officer, was seen by Dr. Shear at a VA clinic near his home in Florida. According to Lambkin, Shear was not familiar with his medical history and made an incorrect entry that became part of Lambkin's medical records. Lambkin submitted a request under the Privacy Act to have the allegedly incorrect information expunged from his medical records. His request was denied and affirmed on appeal. Lambkin then filed suit. Although he brought the suit under FOIA, the only remedy he cites is under the Privacy Act.
Complaint issues: FOIA mentioned only tangentially

DefendantU.S. Department of Veterans Affairs
DefendantEric K. Shinseki Secretary of the U.S. Department of Veterans Affairs
DefendantEric K. Shinseki Secretary of the U.S. Department of Veterans Affairs
TERMINATED: 05/14/2014
DefendantWill A. Gunn General Counsel of the U.S. Department of Veterans Affairs
DefendantWill A. Gunn General Counsel of the U.S. Department of Veterans Affairs
TERMINATED: 05/14/2014
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [18]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-02-071COMPLAINT against Will A. Gunn, Eric K. Shinseki, U.S. Department of Veterans Affairs (Filing fee $ 400 receipt number TPA21734) filed by Glen D. Lambkin, Jr. (Attachments: # 1 Exhibit A & B, # 2 Civil Cover Sheet)(LD) (Entered: 02/10/2014)
2014-02-072SUMMONS issued as to Will A. Gunn, Eric K. Shinseki, U.S. Department of Veterans Affairs. (LD) (Entered: 02/10/2014)
2014-02-074MOTION to seal complaint and memorandum of law by Glen D. Lambkin, Jr. (LD) (Entered: 02/12/2014)
2014-02-103STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by Judge Elizabeth A. Kovachevich on 7/15/2008. (LD) (Entered: 02/10/2014)
2014-02-125ORDER granting 4 Motion to Seal complaint. Signed by Judge Elizabeth A. Kovachevich on 2/11/2014. (LD) (Entered: 02/12/2014)
2014-02-136CERTIFICATE of service by Glen D. Lambkin, Jr re 2 Summons issued, 1 Complaint . (Kasten, Arthur) (Entered: 02/13/2014)
2014-02-137PROOF of service as to U.S. Department of Veterans Affairs by Glen D. Lambkin, Jr (Kasten, Arthur) Modified on 2/14/2014 (LD). (Entered: 02/13/2014)
2014-02-138PROOF of service as to Eric K. Shinseki by Glen D. Lambkin, Jr (Kasten, Arthur) Modified on 2/14/2014 (LD). (Entered: 02/13/2014)
2014-02-139PROOF of service as to Will A. Gunn by Glen D. Lambkin, Jr (Kasten, Arthur) Modified on 2/14/2014 (LD). (Entered: 02/13/2014)
2014-02-2510NOTICE of designation under Local Rule 3.05 - Track 2 (CLM) (Entered: 02/25/2014)
2014-03-1711Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Eric K. Shinseki, U.S. Department of Veterans Affairs. (Stegeby, Erik) (Entered: 03/17/2014)
2014-03-1812ENDORSED ORDER granting 11 Motion for Extension of Time to Answer or respond. U.S. Department of Veterans Affairs answer or response due 4/21/2014. Signed by Judge Elizabeth A. Kovachevich on 3/18/2014. (SN) (Entered: 03/18/2014)
2014-04-0113NOTICE to counsel of Local Rule 2.01 (signed by deputy clerk). (KMB) (Entered: 04/01/2014)
2014-04-0714AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by Glen D. Lambkin, Jr.(Kasten, Arthur) (Entered: 04/07/2014)
2014-04-0715CERTIFICATE of service by Glen D. Lambkin, Jr re 14 Amended Complaint for Declaratory and Injunctive Relief . (Kasten, Arthur) (Entered: 04/07/2014)
2014-04-2116MOTION to Dismiss Individual Party Defendants by U.S. Department of Veterans Affairs. (Stegeby, Erik) (Entered: 04/21/2014)
2014-04-2117ANSWER to 14 Amended Complaint by U.S. Department of Veterans Affairs.(Stegeby, Erik) (Entered: 04/21/2014)
2014-05-1418ORDER granting 16 motion to dismiss Secretary Eric K. Shinseki and GeneralCounsel Will A. Gunn. The Clerk of Court is directed to terminate these defendants. Signed by Judge Elizabeth A. Kovachevich on 5/14/2014. (SN) (Entered: 05/14/2014)
2014-05-1419CERTIFICATE of service by Glen D. Lambkin, Jr re 10 Notice of designation of track Under Local Rule 3.05 . (Kasten, Arthur) (Entered: 05/14/2014)
2014-06-1020CASE MANAGEMENT REPORT. (Kasten, Arthur) (Entered: 06/10/2014)
2014-06-3021CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/22/2014, Joinder of Parties due by 10/22/2014, Discovery due by 3/6/2015, Dispositive motions due by 4/6/2015, Plaintiff disclosure of expert report due by 11/3/2014, Defendant disclosure of expert report due by 12/1/2014. Final Pretrial Conference set for 7/16/2015 at 10:30 AM in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. Bench Trial set for 8/3/2015 at 10:00 AM in Tampa Courtroom 14 A before Judge Elizabeth A. Kovachevich. Conduct mediation hearing by 3/6/2015. Lead counsel to coordinate dates. This is a non-jury trial which is expected to take 16 hours to try. Signed by Judge Elizabeth A. Kovachevich on 6/30/2014. (SN) (Entered: 06/30/2014)
2014-08-2822STIPULATION re 21 Case management and scheduling order REGARDING MEDIATOR by Glen D. Lambkin, Jr. (Kasten, Arthur) (Entered: 08/28/2014)
2014-11-2623NOTICE of mediation conference/hearing to be held on January 27, 2015 at 9:00 a.m. before Rochelle Friedman Walk, Esq.. (Kasten, Arthur) (Entered: 11/26/2014)
2015-01-2724MEDIATION report Hearing held on January 27, 2015. Hearing outcome: Adjourned until February 27, 2015.. (Walk, Rochelle) (Entered: 01/27/2015)
2015-04-0625MOTION for Summary Final Judgment judgment and Memorandum of Law in Support Thereof , MOTION for summary judgment by Glen D. Lambkin, Jr. (Kasten, Arthur) (Entered: 04/06/2015)
2015-04-0926STATEMENT of undisputed facts re: 25 MOTION for Summary Final Judgment judgment and Memorandum of Law in Support Thereof MOTION for summary judgment by Glen D. Lambkin, Jr.. (Kasten, Arthur) (Entered: 04/09/2015)
2015-04-2327RESPONSE in Opposition re 25 MOTION for Summary Final Judgment judgment and Memorandum of Law in Support Thereof MOTION for summary judgment filed by U.S. Department of Veterans Affairs. (Stegeby, Erik) (Entered: 04/23/2015)
2015-05-2128ENDORSED ORDER re 27 Response in Opposition to Motion filed by U.S. Department of Veterans Affairs, 26 Statement of undisputed facts filed by Glen D. Lambkin, Jr., 25 MOTION for Summary Final Judgment judgment and Memorandum of Law in Support Thereof MOTION for summary judgment filed by Glen D. Lambkin, Jr. The party filing the document is directed to file an unredacted of the same in camera with the Court by June 1, 2015. The Clerk of Court is directed to accept the in camera filings of these three documents. Signed by Judge Elizabeth A. Kovachevich on 5/21/2015. (SN) (Entered: 05/21/2015)
2015-05-3029Amended MOTION for summary judgment Plaintiff's Amended Motion for Summary Final Judgment and Memorandum of Law in Support Thereof by Glen D. Lambkin, Jr. (Kasten, Arthur) (Entered: 05/30/2015)
2015-06-0230SUPPLEMENT to 27 Response in Opposition to Motion filed by Eric K. Shinseki, U.S. Department of Veterans Affairs. (Attachments: # 1 Exhibit Exhibit, # 2 Exhibit Exhibit, # 3 Exhibit Exhibit, # 4 Exhibit Exhibit)(Stegeby, Erik) Modified on 6/2/2015 (LD). (Entered: 06/02/2015)
2015-06-02Sealed Document S-32. (LD) (Entered: 06/05/2015)
2015-06-25Sealed Document S-33. (LD) (Entered: 06/26/2015)
2015-07-0634Joint MOTION to Continue by Glen D. Lambkin, Jr. (Kasten, Arthur) (Entered: 07/06/2015)
2015-07-07Sealed Document S-35. (LD) (Entered: 07/07/2015)
2015-07-0736ENDORSED ORDER denying 34 Motion to Continue. The Court ruled on the pending motions in a sealed order and, therefore, the pending deadlines still remain. Signed by Judge Elizabeth A. Kovachevich on 7/7/2015. (rjm) (Entered: 07/07/2015)
2015-07-0837NOTICE of settlement by Will A. Gunn, Eric K. Shinseki, U.S. Department of Veterans Affairs (Stegeby, Erik) (Entered: 07/08/2015)
2015-07-0938ENDORSED ORDER directing administrative closure and the parties shall have up to and including September 8, 2015, in which to dismiss the cause of action. FAILURE TO REOPEN THIS CAUSE, FILE THE APPROPRIATE DOCUMENTS TO DISMISS THE ACTION, OR TO SEEK AN EXTENSION OF TIME TO DO SAME IN THE STATED TIME PERIOD WILL RESULT IN A DISMISSAL, WITH PREJUDICE, BASED ON THE PREVIOUSLY ANNOUNCED SETTLEMENT. Either party may reopen the case at anytime by submitting a written request to the Court. Signed by Judge Elizabeth A. Kovachevich on 7/9/2015. (SN) (Entered: 07/09/2015)
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by FOIA Project Staff
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