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Case TitleHAND v. DEPARTMENT OF LABOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00953
Date Filed2016-05-16
Date Closed2018-04-10
JudgeJudge Emmet G. Sullivan
PlaintiffDONNA HAND
Case DescriptionDonna Hand, the authorized representative under the Energy Employees Occupational Illness Compensation Program Act, submitted FOIA requests to the Department of Labor and the Department of Energy for records concerning the contract between EG&G Special Projects at Area 51 Nevada Testing Site and the Atomic Energy Commission for the years 1951-1999. Hand requested the documents for use in making claims under the Act. After hearing nothing further from the agency, Hand filed suit.
Complaint issues: Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF LABOR
DefendantDEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-161COMPLAINT against DEPARTMENT OF ENERGY, DEPARTMENT OF LABOR ( Filing fee $ 400, receipt number 4616077787) filed by DONNA HAND. (Attachments: # 1 Civil Cover Sheet)(jf) . (Entered: 05/20/2016)
2016-05-16SUMMONS Not Issued as to DEPARTMENT OF ENERGY, DEPARTMENT OF LABOR (jf) (Entered: 05/20/2016)
2016-05-162NOTICE OF RELATED CASE by DONNA HAND. Case related to Case No. 14-880. (jf) (Entered: 05/20/2016)
2016-05-16Initiating Pleading Received on 05/16/2016. (jf). (Entered: 05/20/2016)
2016-07-053NOTICE by DONNA HAND (zrdj) (Entered: 07/07/2016)
2016-08-234MOTION for Summary Judgment by DONNA HAND (jf) (Entered: 08/24/2016)
2016-09-23MINUTE ORDER denying 4 Motion for Summary Judgment. It appears that Defendants have not been properly served. Plaintiff's Motion for Summary Judgment is therefore DENIED and Plaintiff is ordered to effectuate proper service no later than October 28, 2016. Signed by Judge Emmet G. Sullivan on September 23, 2016. (lcegs4) (Entered: 09/23/2016)
2016-11-285MOTION to Dismiss Department of Energy FOIA Request Motion for Undue Delay of Department of Labor by DONNA HAND (jf) (Entered: 11/29/2016)
2017-01-12MINUTE ORDER granting in part and denying in part 5 plaintiff's voluntary motion to dismiss the complaint against the Department of Energy and motion for undue delay. The Department of Energy shall be dismissed from the case. It appears that the Department of Labor has not been properly served. Plaintiff's motion for undue delay is therefore DENIED and Plaintiff is ordered to effectuate proper service no later than February 13, 2017. If the Department of Labor has been served, Plaintiff must either: (1) file with the Court proof that the defendant has been served with a summons and complaint, or (2) provide the Court with a written explanation for why service of process has not been completed by February 13, 2017. Signed by Judge Emmet G. Sullivan on 1/12/2017. (lcegs4) (Entered: 01/12/2017)
2017-01-12Set/Reset Deadlines: Time to effectuate service upon party by 2/13/2017. (mac) (Entered: 01/12/2017)
2017-02-076NOTICE of Change of Address by DONNA HAND (jf) (Entered: 02/10/2017)
2017-02-077MOTION to Amend or Supplement 1 Complaint by DONNA HAND (jf) (Entered: 02/10/2017)
2017-02-108SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (jf) (Entered: 02/10/2017)
2017-02-169RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF LABOR served on 2/14/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/15/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/15/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 3/17/2017.) (jf) (Entered: 02/21/2017)
2017-02-2110NOTICE of Request for the Clerk to sign and mail back summons by DONNA HAND. "Let this be filed" signed by Judge Emmet G. Sullivan on 02/17/2017 (jf) (Entered: 02/21/2017)
2017-02-2711MOTION to Amend/Correct 1 Complaint by DONNA HAND (Attachments: # 1 Exhibit)(jf) (Entered: 03/01/2017)
2017-03-0212NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 03/02/2017)
2017-03-2013MOTION for Summary Judgment by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Statement of Facts)(Rogers, Joshua) (Entered: 03/20/2017)
2017-03-2014NOTICE of Filing Error by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR re 13 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Rogers, Joshua) (Entered: 03/20/2017)
2017-03-2015NOTICE of Additional Filing Error by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR re 13 MOTION for Summary Judgment , 14 Notice (Other) (Rogers, Joshua) (Entered: 03/20/2017)
2017-04-0716NOTICE of Plaintiff's Statement of Disputed Facts by DONNA HAND (td) (Entered: 04/10/2017)
2017-04-1717REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR. (Rogers, Joshua) (Entered: 04/17/2017)
2017-04-1718MOTION to Stay re 13 MOTION for Summary Judgment , 16 Notice (Other), 17 Reply to opposition to Motion for Summary Judgment , MOTION for Leave to File Nunc Pro Tunc by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/17/2017)
2017-05-0119MOTION to deny stay of defendant's obligation to answer re 18 MOTION to Stay re 13 MOTION for Summary Judgment , 16 Notice (Other), 17 Reply to opposition to Motion for Summary Judgment MOTION for Leave to File Nunc Pro Tunc by DONNA HAND (jf) (Entered: 05/02/2017)
2017-05-0920RESPONSE re 19 MOTION to deny stay of defendant's obligation to answer re 18 MOTION to Stay re 13 MOTION for Summary Judgment , 16 Notice (Other), 17 Reply to opposition to Motion for Summary Judgment MOTION for Leave to File filed by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR. (Rogers, Joshua) (Entered: 05/09/2017)
2017-05-0921ERRATA FAILURE TO ATTACH CERTIFICATE OF SERVICE by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR 20 Response to motion, filed by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR. (Rogers, Joshua) (Entered: 05/09/2017)
2017-08-25MINUTE ORDER. Having received no opposition, the Court grants [7, 11] plaintiff's motions to amend or supplement her complaint. Plaintiff is directed to file her amended complaint by no later than September 21, 2017. Plaintiff is reminded to carefully read and comply with the Local Rules in the future. See Local Civil Rule 7(i) ("A motion for leave to file an amended pleading shall be accompanied by an original of the proposed pleading as amended."). It is FURTHER ORDERED that, in light of this Order, 13 the Department of Labor's motion for summary judgment is denied as moot. The Department of Labor is directed to answer or otherwise respond to plaintiff's amended complaint by no later than October 12, 2017. It is FURTHER ORDERED that 18 the Department of Labor's motion to stay and 19 plaintiff's motion to deny stay are denied as moot. Signed by Judge Emmet G. Sullivan on August 25, 2017.(lcegs2) (Entered: 08/25/2017)
2017-08-28Set/Reset Deadlines: Amended Complaint due by 9/21/2017. Department Of Labor Answer Or Otherwise Response To Plaintiff's Amended Complaint due by 10/12/2017. (mac) (Entered: 08/28/2017)
2017-08-2822STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on August 28, 2017. (lcegs2) (Entered: 08/28/2017)
2017-09-2223AMENDED COMPLAINT against DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR filed by DONNA HAND. (Attachments: # 1 Exhibits)(jf) (Entered: 09/26/2017)
2017-10-1224MOTION for Summary Judgment by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Rogers, Joshua) (Entered: 10/12/2017)
2017-10-3125RESPONSE (Motion to Deny) re 24 MOTION for Summary Judgment filed by DONNA HAND. (jf) (Entered: 11/01/2017)
2017-11-0726REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR. (Rogers, Joshua) (Entered: 11/07/2017)
2017-11-0727ERRATA by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR 26 Reply to opposition to Motion filed by DEPARTMENT OF ENERGY, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Exhibit Exhibit A, # 2 Statement of Facts)(Rogers, Joshua) (Entered: 11/07/2017)
2018-04-1028MEMORANDUM OPINION and ORDER granting 24 defendant's motion for summary judgment. Signed by Judge Emmet G. Sullivan on April 10, 2018. (lcegs2) (Entered: 04/10/2018)
2018-04-1029JUDGMENT in favor of Defendant against Plaintiff.Signed by Judge Emmet G. Sullivan on 04/10/18. (mac) (Entered: 04/10/2018)
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