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Case TitleAltemus v. US Department of Veteran Affairs
DistrictDistrict of Delaware
CityWilmington
Case Number1:2014cv00715
Date Filed2014-06-06
Date Closed2015-11-16
JudgeJudge Leonard P. Stark
PlaintiffWilliam R. Altemus
Case DescriptionWilliam Altemus submitted a FOIA request to the Department of Veterans Affairs for records concerning a benefit claim. After the agency failed to respond, he filed an administrative appeal. The agency had not responded to his administrative appeal and Altemus filed suit. Although his suit is based on FOIA and contains a cause of action under FOIA, his complaint consists of a number of allegations against the VA that have nothing to do with FOIA.
Complaint issues: Failure to respond within statutory time limit

DefendantUS Department of Veteran Affairs
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [61]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-06-061COMPLAINT - filed against US Department of Veteran Affairs - Magistrate Consent Notice to Pltf. ( Filing fee $ 400.00, receipt number 21523.) - filed by William R. Altemus. (Attachments: # 1 Civil Cover Sheet)(rwc) (Entered: 06/09/2014)
2014-06-062[SEALED] EXHIBIT 9 - (Medical Records)- in support of re 1 Complaint - filed by William R. Altemus. (rwc) (Entered: 06/09/2014)
2014-06-063Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc) Modified on 7/18/2014 (cla, ). (Entered: 06/09/2014)
2014-06-064ACKNOWLEDGMENT OF RECEIPT of 3 Magistrate Consent Forms. (rwc) (Entered: 06/09/2014)
2014-06-065ACKNOWLEDGMENT OF RECEIPT of FRCP Rule 4. Acknowledgment filed by William R. Altemus. (rwc) (Entered: 06/09/2014)
2014-06-06Summons Issued with Magistrate Consent Notice attached as to US Department of Veteran Affairs (Wilmington VA Medical Center & U.S. Department of Veteran Affairs), DE U.S. Attorney, U.S. Department of Justice, on 6/6/2014. (rwc) (Entered: 06/09/2014)
2014-06-093Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc) (Entered: 06/09/2014)
2014-06-11Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (bkb) (Entered: 06/11/2014)
2014-07-186AFFIDAVIT of Service for Complaint and Summons served on US Department of Veteran Affairs on 7/2/14, filed by William R. Altemus. (cla, ) (Entered: 07/18/2014)
2014-07-187AFFIDAVIT of Service for Complaint and Summons served on US Attorney's Office Delaware on 7/2/14, filed by William R. Altemus. (cla, ) (Entered: 07/18/2014)
2014-07-218AFFIDAVIT of Service for Complaint and Summons served on US Department of Veteran Affairs c/o Department of Justice on 7/7/14. (rwc) (Entered: 07/21/2014)
2014-07-219AFFIDAVIT of Service for Complaint and Summons served on US Department of Veteran Affairs on 7/7/14. (Entered: 07/21/2014)
2014-07-2110Letter to Judge Stark from William R. Altemus, dated 7/20/14, regarding Request for Expediency. (rwc) (Entered: 07/21/2014)
2014-07-2111Letter to Judge Stark from William R. Altemus, dated 7/20/14, regarding request for expansion on the limitations of Interrogatories. (rwc) (Entered: 07/21/2014)
2014-08-2612MOTION for Extension of Time to File Answer and/or Otherwise Respond to the Complaint - filed by US Department of Veteran Affairs. (Attachments: # 1 Text of Proposed Order, # 2 certificate of service)(Hall, Jennifer) (Entered: 08/26/2014)
2014-08-2913RESPONSE to Motion re 12 MOTION for Extension of Time to File Answer and/or Otherwise Respond to the Complaint filed by William R. Altemus. (etg) (Entered: 09/05/2014)
2014-09-04SO ORDERED, re 12 MOTION for Extension of Time to File Answer and/or Otherwise Respond to the Complaint filed by US Department of Veteran Affairs. Signed by Judge Leonard P. Stark on 9/4/14. (ntl) (Entered: 09/04/2014)
2014-09-2414NOTICE OF SUBSTITUTION OF COUNSEL re US Department of Veteran Affairs: Entry of appearance of attorney Patricia C. Hannigan. Attorney Jennifer L. Hall terminated. (Hannigan, Patricia) (Entered: 09/24/2014)
2014-10-0915INTERROGATORIES Propounded to Defendant - filed by William R. Altemus.(rwc) (Entered: 10/09/2014)
2014-10-0916REQUEST for Production of Documents directed to Defendant - filed by William R. Altemus.(rwc) (Entered: 10/09/2014)
2014-10-0917REQUEST for Admissions directed to Defendant - filed by William R. Altemus.(rwc) (Entered: 10/09/2014)
2014-10-1618MOTION to Strike 15 Interrogatories Propounded - filed by US Department of Veteran Affairs. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Hannigan, Patricia) (Entered: 10/16/2014)
2014-10-1619MOTION to Strike 16 Request for Production of Documents - filed by US Department of Veteran Affairs. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Hannigan, Patricia) (Entered: 10/16/2014)
2014-10-1620MOTION to Strike 17 Request for Admissions - filed by US Department of Veteran Affairs. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Hannigan, Patricia) (Entered: 10/16/2014)
2014-10-1721ANSWER to 1 Complaint by US Department of Veteran Affairs. (Attachments: # 1 Certificate of Service)(Hannigan, Patricia) (Entered: 10/17/2014)
2014-10-2322ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposal, including a proposal for the length and timing of trial, to the Court no later than November 7, 2014. The parties are to review the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Stark, Forms). ORDERED by Judge Leonard P. Stark on 10/23/14. (ntl) (Entered: 10/23/2014)
2014-10-2323ORDER re 18 MOTION to Strike 15 Interrogatories Propounded filed by US Department of Veteran Affairs. Signed by Judge Leonard P. Stark on 10/23/14. (ntl) (Entered: 10/23/2014)
2014-10-2324ORDER re 19 MOTION to Strike 16 Request for Production of Documents filed by US Department of Veteran Affairs. Signed by Judge Leonard P. Stark on 10/23/14. (ntl) (Entered: 10/23/2014)
2014-10-2325ORDER re 20 MOTION to Strike 17 Request for Admissions filed by US Department of Veteran Affairs. Signed by Judge Leonard P. Stark on 10/23/14. (ntl) (Entered: 10/23/2014)
2014-11-0726Letter to The Honorable Leonard P. Stark from Patricia C. Hannigan regarding proposed Scheduling Order. (Attachments: # 1 proposed Scheduling Order)(Hannigan, Patricia) (Entered: 11/07/2014)
2014-11-1927SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 6/15/2015. Status Report due by 6/15/2015. Dispositive Motions due by 10/15/2015. A Pretrial Conference is set for 3/4/2016 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 2/22/2016. A 2-day Bench Trial is set for 3/17/2016 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 11/18/14. (ntl) (Entered: 11/19/2014)
2014-11-20CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. (dlk) (Entered: 11/20/2014)
2014-11-2828NOTICE OF SERVICE of Defendant's Statement of Initial Disclosures Pursuant To Fed. R. Civ. P 26(a)(1) filed by US Department of Veteran Affairs.(Hannigan, Patricia) (Entered: 11/28/2014)
2015-01-2829ORDER Setting Mediation Conference: A Telephone Conference is set for 2/23/2015 at 11:30 AM before Judge Christopher J. Burke.. Signed by Judge Christopher J. Burke on 1/28/2015. (dlk) (Entered: 01/28/2015)
2015-02-23ORAL ORDER: The ADR teleconference set for today 2/23/15 will be rescheduled for a date to be determined. Ordered by Judge Christopher J. Burke on 2/23/2015. (dlk) (Entered: 02/23/2015)
2015-02-24ORAL ORDER Resetting Mediation Conference: A Telephone Conference is set for 3/9/2015 at 11:30 AM before Judge Christopher J. Burke.Ordered by Judge Christopher J. Burke on 2/24/2015. (dlk) (Entered: 02/24/2015)
2015-04-2430MOTION to Change Venue - filed by William R. Altemus. (mas, ) (Entered: 04/24/2015)
2015-06-0931RESPONSE to Motion re 30 MOTION to Change Venue filed by US Department of Veteran Affairs. (Hannigan, Patricia) (Entered: 06/09/2015)
2015-06-1032MOTION for Leave to File Case Dispositive Motions - filed by US Department of Veteran Affairs. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Certificate of Service)(Hannigan, Patricia) (Entered: 06/10/2015)
2015-06-1633STATUS REPORT by US Department of Veteran Affairs. (Hannigan, Patricia) (Entered: 06/16/2015)
2015-06-1634Letter to Judge Stark from William R Altemus regarding Discovery progress. (sar) (Entered: 06/17/2015)
2015-06-2335ORDER Setting Mediation Conference: A Mediation Teleconference is set for 7/13/2015 at 09:30 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 6/23/2015. (dlk) (Entered: 06/23/2015)
2015-07-1536ORDER that the Plaintiff may provide a letter to Magistrate Judge Burke, if he chooses to do so, which may assist the Court with ADR. Signed by Judge Christopher J. Burke on 7/15/2015. (dlk) (Entered: 07/15/2015)
2015-08-2437Letter to Judge Burke from William R. Altemus, dated 8/24/15, requesting forgiveness for missing August 13 deadline. (rwc) (Entered: 08/24/2015)
2015-10-1538MOTION for Summary Judgment or, in the Alternative, For Dismissal - filed by US Department of Veteran Affairs. (Hannigan, Patricia) (Entered: 10/15/2015)
2015-10-1539OPENING BRIEF in Support re 38 MOTION for Summary Judgment or, in the Alternative, For Dismissal filed by US Department of Veteran Affairs.Answering Brief/Response due date per Local Rules is 11/2/2015. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Hannigan, Patricia) (Entered: 10/15/2015)
2015-11-0340MOTION to Withdraw 1 Complaint, 30 MOTION to Change Venue - filed by William R. Altemus. (sar) (Entered: 11/03/2015)
2015-11-0541RESPONSE to Motion re 40 MOTION to Withdraw 1 Complaint, 30 MOTION to Change Venue filed by US Department of Veteran Affairs. (Hannigan, Patricia) (Entered: 11/05/2015)
2015-11-1642ORDER re 32 Denied as moot MOTION for Leave to File Case Dispositive Motions filed by US Department of Veteran Affairs, 30 Denied as moot MOTION to Change Venue filed by William R. Altemus, 38 Denied as moot MOTION for Summary Judgment or, in the Alternative, For Dismissal filed by US Department of Veteran Affairs, 40 granting MOTION to Withdraw 1 Complaint, 30 MOTION to Change Venue filed by William R. Altemus, ORDER, Motions terminated: 32 MOTION for Leave to File Case Dispositive Motions filed by US Department of Veteran Affairs, 38 MOTION for Summary Judgment or, in the Alternative, For Dismissal filed by US Department of Veteran Affairs, 40 MOTION to Withdraw 1 Complaint, 30 MOTION to Change Venue filed by William R. Altemus, 30 MOTION to Change Venue filed by William R. Altemus., ORDER DISMISSING CASE (copy to pltf.) (CASE CLOSED). Signed by Judge Leonard P. Stark on 11/16/15. (sar) (Entered: 11/16/2015)
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