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Case TitleLodge v. Gibson
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2014cv02255
Date Filed2014-07-16
Date Closed2014-08-13
JudgeJudge Amy Totenberg
PlaintiffLouis A. Lodge
Case DescriptionLouis Lodge, a veteran, submitted a request to the Atlanta Veterans Affairs Medical Center for a 2011 report by an orthopedic specialist at the medical center that resulted in a 70 percent rating for Lodge's disability. When Lodge applied for disability benefits, he alleged the VA falsified his medical condition to classify him at a lower disability rating of 40 percent. Lodge also alleged the report was destroyed by the VA. After the agency failed to respond to his request, Lodge filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantSloan D. Gibson Acting Secretary of VA
DefendantSloan D. Gibson Acting Secretary of VA
TERMINATED: 08/01/2014
DefendantDepartment of Veterans Affairs
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-07-161COMPLAINT filed by Louis A. Lodge; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 66457.) (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 07/18/2014)
2014-07-182CERTIFICATE OF SERVICE filed by Louis A. Lodge.(ddm) (Entered: 07/18/2014)
2014-07-18Submission of 1 Complaint for Review, submitted to District Judge Orinda D. Evans. (eop) (Entered: 07/18/2014)
2014-07-223ORDER REASSIGNING CASE. Case reassigned to Judge Amy Totenberg for all further proceedings. Judge Orinda D. Evans no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:14-cv-2255-AT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Orinda D. Evans on 07/21/14. (fap) (Entered: 07/22/2014)
2014-07-224NOTICE TO ALL COUNSEL OF RECORD re 3 Order Reassigning Case, (fap) (Entered: 07/22/2014)
2014-07-22Clerks Certificate of Mailing as to Louis A. Lodge re 4 Notice, 3 Order Reassigning Case, (fap) (Entered: 07/22/2014)
2014-07-235Guidelines to Parties and Counsel in Cases Proceeding Before The Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 7/23/14. (hfm) (Entered: 07/23/2014)
2014-07-23Clerks Certificate of Mailing as to Louis A. Lodge re 5 Guidelines. (hfm) (Entered: 07/23/2014)
2014-07-256Return of Service Executed by Louis A. Lodge. Sloan D. Gibson served on 7/18/2014, answer due 8/8/2014. (hfm) (Entered: 07/28/2014)
2014-07-287AFFIDAVIT by Louis A. Lodge. (hfm) (Entered: 07/28/2014)
2014-07-288MOTION to Stay for the Plaintiff's Rating Decision of June 30, 2011 by Louis A. Lodge. (hfm) (Entered: 07/28/2014)
2014-07-289CERTIFICATE OF SERVICE re 7 Affidavit, 8 MOTION to Stay by Louis A. Lodge.(hfm) (Entered: 07/28/2014)
2014-07-2810MOTION for Summary Judgment by Louis A. Lodge. (hfm) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/28/2014)
2014-07-3111MOTION to Amend 1 Complaint, by Louis A. Lodge. (hfm) (Entered: 08/01/2014)
2014-08-0112MOTION for Temporary Restraining Order by Louis A. Lodge. (Attachments: # 1 Brief, # 2 Affidavit, # 3 Certificate of Service)(hfm) (Entered: 08/01/2014)
2014-08-0113ORDER granting 11 Motion to Amend Complaint. Plaintiff is DIRECTED to properly serve the Amended Complaint within 120 days pursuant to Rule 4 of the Federal Rules of Civil Procedure. Signed by Judge Amy Totenberg on 8/1/14. (hfm) (Entered: 08/01/2014)
2014-08-01Clerks Certificate of Mailing as to Louis A. Lodge re 13 Order on Motion to Amend. (hfm) (Entered: 08/01/2014)
2014-08-0114AMENDED COMPLAINT against Department of Veterans Affairs, filed by Louis A. Lodge.(hfm) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/01/2014)
2014-08-0515NOTICE Of Filing Plaintiff Submission of Evidence June 23, 2011 by Louis A. Lodge (hfm) (Entered: 08/05/2014)
2014-08-0616ORDER denying 12 Motion for TRO. As the only relief Plaintiff now seeks appears to be a review of a decision of the Board of Veterans Appeals, and this Court lacks jurisdiction to hear such review, the Court DIRECTS Plaintiff to SHOW CAUSE in writing no later than August 26, 2014 why this action shall not be dismissed for lack of jurisdiction. A failure to respond to this Order will result in dismissal of this action without prejudice. The Clerk is DIRECTED to resubmit this matter upon the filing of Plaintiffs response to this directive or the expiration of the aforementioned time period. Signed by Judge Amy Totenberg on 8/6/14. (hfm) (Entered: 08/06/2014)
2014-08-06Clerks Certificate of Mailing as to Louis A. Lodge (Regular and Certified Mail) re 16 Order to Show Cause. (hfm) (Entered: 08/06/2014)
2014-08-1217RESPONSE TO ORDER TO SHOW CAUSE re: 16 Order, filed by Louis A. Lodge. (hfm) (Entered: 08/12/2014)
2014-08-1218MOTION for Partial Summary Judgment by Louis A. Lodge. (hfm) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 08/12/2014)
2014-08-12Submission of 16 Order to Show Cause, submitted to District Judge Amy Totenberg. (hfm) (Entered: 08/12/2014)
2014-08-1319ORDER dismissing action without prejudice. Signed by Judge Amy Totenberg on 8/13/14. (hfm) (Entered: 08/13/2014)
2014-08-1320CLERK'S JUDGMENT entered dismissing action without prejudice. (hfm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 08/13/2014)
2014-08-13Civil Case Terminated. (hfm) (Entered: 08/13/2014)
2014-08-13Clerks Certificate of Mailing as to Louis A. Lodge re 19 Order, 20 Clerk's Judgment. (hfm) (Entered: 08/13/2014)
2014-08-1321MOTION for Reconsideration re 16 Order denying Motion for TRO by Louis A. Lodge. (hfm) (Entered: 08/13/2014)
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by FOIA Project Staff
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