Case Detail

FOIA Project Annotation: For the third time in the past year or two, a district court judge in the D.C. Circuit has concluded that a plaintiff not normally entitled to a fee award deserves some level of compensation because of the agency's behavior in responding to or litigating the plaintiff's request. Leroy Alford, a disabled veteran, had his vocational rehabilitation and employment benefits terminated by the Department of Veterans Affairs. In an attempt to appeal the termination, Alford submitted a series of FOIA requests, which were largely ignored by the agency until Alford filed suit. Alford initially received his Counseling/Evaluation/Rehabilitation file. He then requested a certain type of record created after June 2011. The agency did not respond to this request, but argued in litigation that the CER file contained all the records. Judge Royce Lamberth noted that "the fact that Alford's CER folder had already been produced gave no reason to be non-responsive to a request for something other than the exact thing that had already been released." He also pointed out that the agency misinterpreted the time-frame Alford had requested. While Lamberth found the agency had not acted in bad faith, he awarded Alford his costs. Lamberth observed that "the Boolean change in the VA's approach â€" going from wholly non-responsive, to providing a reasonably detailed explanation as to why there were no documents responsive to Mr. Alford's request, for the purposes of this case where Mr. Alford was subject to agency-imposed deadlines in a related matter, represents the kind of changed course that merits an award of costs to Mr. Alford, at least to the extent of his filing fee."
Issues: Litigation - Recovery of Costs

Date Filed	Doc #	Docket Text
2016-10-31	1	COMPLAINT against ROBERT A. MCDONALD ( Filing fee $ 400, receipt number 4616081362) filed by LEROY ALFORD. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 11/01/2016)
2016-10-31		SUMMONS Not Issued as to ROBERT A. MCDONALD (jf) (Entered: 11/01/2016)
2016-11-10		SUMMONS (3) Issued as to ROBERT A. MCDONALD, U.S. Attorney and U.S. Attorney General (jd) (Entered: 11/10/2016)
2016-12-06	2	NOTICE of Appearance by Rhonda Lisa Campbell on behalf of All Defendants (Campbell, Rhonda) (Entered: 12/06/2016)
2016-12-21	3	Unopposed MOTION for Extension of Time to Answer or otherwise respond to the Complaint by ROBERT A. MCDONALD (Campbell, Rhonda) (Entered: 12/21/2016)
2016-12-27	4	MOTION for Leave to File Amended Complaint by LEROY ALFORD (Attachments: # 1 Exhibit Amended Complaint)(zrdj) (Entered: 12/28/2016)
2017-01-11	5	ORDER granting 3 Motion for Extension of Time to; granting 4 Motion for Leave to File. Signed by Judge Royce C. Lamberth on 1/11/2017. (lcrcl3, ) (Entered: 01/11/2017)
2017-01-11		Set/Reset Deadlines: Answer due by 1/30/2017. (zlsj) (Entered: 01/11/2017)
2017-01-11	6	FIRST AMENDED COMPLAINT against ROBERT A. MCDONALD filed by LEROY ALFORD.(znmw) (Entered: 01/12/2017)
2017-01-30	7	MOTION for Summary Judgment by ROBERT A. MCDONALD (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Declaration Nykeisha Grant)(Campbell, Rhonda) (Entered: 01/30/2017)
2017-02-01	8	MOTION for Extension of Time to File Response/Reply as to 7 MOTION for Summary Judgment by LEROY ALFORD (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 02/05/2017)
2017-02-16	9	ORDER granting 8 Motion for Extension of Time to File Response/Reply. Signed by Judge Royce C. Lamberth on 2/16/2017. (lcrcl2) (Entered: 02/16/2017)
2017-03-07	10	Memorandum in opposition to re 7 MOTION for Summary Judgment filed by LEROY ALFORD. (zrdj) (Entered: 03/08/2017)
2017-03-15	11	Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION for Summary Judgment by ROBERT A. MCDONALD (Campbell, Rhonda) (Entered: 03/15/2017)
2017-03-20	12	ORDER granting 11 Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION for Summary Judgment . Defendant shall file a Reply by 3/29/2017. Signed by Judge Royce C. Lamberth on 3/20/17. (zlsj) (Entered: 03/20/2017)
2017-03-29	13	REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by ROBERT A. MCDONALD. (Attachments: # 1 Declaration)(Campbell, Rhonda) (Entered: 03/29/2017)
2017-04-05	14	MOTION for Leave to File Surreply by LEROY ALFORD (Attachments: # 1 Exhibit)(zrdj) (Entered: 04/05/2017)
2017-04-05	15	ERRATA by LEROY ALFORD 14 MOTION for Leave to File filed by LEROY ALFORD. (zrdj) (Entered: 04/06/2017)
2017-04-07	16	ORDER granting 14 Motion for Leave to File. Signed by Judge Royce C. Lamberth on 4/6/17. (zlsj) (Entered: 04/10/2017)
2017-04-10	17	SURREPLY to re 7 MOTION for Summary Judgment filed by LEROY ALFORD. (jf) (Entered: 04/11/2017)
2017-05-22	18	MOTION for Leave to AMEND PLAINTIFF'S COMPLAINT TO REQUEST A HEARING by LEROY ALFORD (zrdj) (Entered: 05/24/2017)
2017-08-28	19	ORDER Defendant shall file supplemental briefing within ten (10) days explaining where it located Ex. 5 attached to defendant's motion 7 for summary judgment, the document's purpose/context, and why it was not included with previously produced documents.. Signed by Judge Royce C. Lamberth on 8/28/17. (lcrcl1, ) (Entered: 08/28/2017)
2017-09-06	20	RESPONSE TO ORDER OF THE COURT re 19 Order, Defendant's Supplement in Support of Defendant's Motion for Summary Judgment filed by ROBERT A. MCDONALD. (Campbell, Rhonda) (Entered: 09/06/2017)
2017-09-13	21	MOTION for Extension of Time to Respond to Defendant's 20 Supplemental Response in Support of Defendant's Motion for Summary Judgment by LEROY ALFORD (jf) (Entered: 09/15/2017)
2017-09-26	23	SUPPLEMENTAL Response re 7 MOTION for Summary Judgment filed by LEROY ALFORD. (Attachments: # 1 Exhibit)(zrdj) (Entered: 09/29/2017)
2017-09-28	22	MEMORANDUM OPINION and ORDER: It is hereby ORDERED that Motion 7 for Summary Judgment is hereby DENIED in part and GRANTED in part. It is further ORDERED that the Defendant shall pay the Plaintiff $400 in restitution for filing fees and a status report shall be filed within 30 days of the date of this Order. SEE ORDER FOR FULL DETAILS. Signed by Judge Royce C. Lamberth on 9/28/17. (lsj) Modified on 9/28/2017 (zlsj). (Entered: 09/28/2017)
2017-10-03	24	ERRATA by LEROY ALFORD 23 Supplemental Memorandum filed by LEROY ALFORD. (zrdj) (Entered: 10/05/2017)
2017-10-27	25	STATUS REPORT by ROBERT A. MCDONALD. (Campbell, Rhonda) (Entered: 10/27/2017)
2017-10-31	26	RESPONSE re 25 Status Report filed by LEROY ALFORD. (td) (Entered: 11/07/2017)
2017-12-05	27	NOTICE of DEFENDANT'S REFUSAL TO RESPOND TO PLAINTIFF'S REQUEST FOR RESPONSIVE DOCUMENT by LEROY ALFORD (Attachments: # 1 Exhibit)(zrdj) (Entered: 12/06/2017)
2017-12-15	28	NOTICE to the Court by ROBERT A. MCDONALD re 22 Order,, Memorandum & Opinion, (Attachments: # 1 Declaration Nykeisha Grant, # 2 Declaration Donna Lewis)(Campbell, Rhonda) (Entered: 12/15/2017)
2018-01-02	29	MOTION for Extension of Time to Reply to Defendant's Notice to the Court by LEROY ALFORD (jf) (Entered: 01/03/2018)
2018-01-16	30	RESPONSE re 28 Notice to the Court filed by LEROY ALFORD. (zrdj) (Entered: 01/19/2018)
2018-02-02	31	ORDER granting 29 Motion for Extension of Time to Reply to Defendant's Notice to the Court. Signed by Judge Royce C. Lamberth on 1/31/18. (lsj) (Entered: 02/02/2018)
2018-02-02	32	ORDER denying 18 Motion for Leave to File. Signed by Judge Royce C. Lamberth on 1/31/18. (lsj) (Entered: 02/02/2018)
2018-02-02	33	ORDER granting 21 Motion for Extension of Time to Respond to Defendant's 20 Supplemental Response in Support of Defendant's Motion for Summary Judgment, nunc pro tunc. Signed by Judge Royce C. Lamberth on 1/31/18. (lsj) (Entered: 02/02/2018)
2020-04-10	34	ORDER: This case is hereby DISMISSED AS MOOT. All responsive records have been provided. Signed by Judge Royce C. Lamberth on 04/10/2020. (lcrcl2) (Entered: 04/10/2020)
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