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Case TitleSanchez-Lebron et al v. National Personnel Records Center et al
DistrictDistrict of Puerto Rico
CitySan Juan
Case Number3:2017cv02379
Date Filed2017-12-27
Date Closed2019-07-12
JudgeJudge Carmen C. Cerezo
PlaintiffMiriam Sanchez-Lebron
PlaintiffCarlos Manuel Sanchez-Lebron
Case DescriptionMiriam Sanchez-Lebron submitted FOIA requests to the Department of Veterans Affairs for records concerning her grandfather Eladio Lebron. She received some records, but after the agency failed to respond further, she filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantNational Personnel Records Center
DefendantDefense Finance and Accounting Service
DefendantDepartment of Veterans Affairs
DefendantUnited States of America
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-271COMPLAINT against All Defendants (Filing fee $400 receipt number PRX100053205.) filed by Miriam Sanchez-Lebron, Carlos Manuel Sanchez-Lebron, pro se. Service due by 3/27/2018. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Civil Cover Sheet, # 30 Category Sheet, # 31 Receipt) (idg) (Additional attachment(s) added on 12/29/2017: # 32 Exhibit) (idg). Modified to add receipt number on 1/2/2018 (idg). (Entered: 12/29/2017)
2017-12-272Summons Issued as to Defense Finance and Accounting Service, Department of Veterans Affairs, National Personnel Records Center. (idg) (Entered: 12/29/2017)
2018-01-043MOTION to Appoint Counsel filed by Miriam Sanchez-Lebron, pro se. Responses due by 1/18/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (idg) (Entered: 01/08/2018)
2018-01-044**SELECTED PARTY** FINANCIAL AFFIDAVIT in Support of Motion Requesting Appointment of Counsel filed by Miriam Sanchez-Lebron, pro se. (idg) (Entered: 01/08/2018)
2018-01-165SUMMONS Returned Executed by Miriam Sanchez-Lebron, pro se upon Defense Finance and Accounting Service served on 1/2/2018, answer due 01/23/2018. (idg) Modified to edit service and answer due date on 1/17/2018 (idg). (Entered: 01/16/2018)
2018-01-166SUMMONS Returned Executed by Miriam Sanchez-Lebron upon Department of Veterans Affairs served on 1/3/2018, answer due 1/24/2018. (idg) (Entered: 01/17/2018)
2018-01-167CLERK'S NOTICE OF DEFECTIVE PLEADING. Service Date/Date of Delivery are not provided as Proof of Service. (Attachments: # 1 Summons) (idg) (Entered: 01/17/2018)
2018-06-128ORDER denied 3 pro se Motion to Appoint Counsel. Plaintiff shall retain counsel by 7/12/2018 . Signed by Judge Carmen C. Cerezo on 6/8/2018. (mld) (Entered: 06/12/2018)
2018-07-059NOTICE of Appearance by Carlos Gabriel Garcia-Miranda on behalf of All Plaintiffs (Garcia-Miranda, Carlos) (Entered: 07/05/2018)
2018-10-2610ORDER granted 9 Motion Assuming Plaintiffs' Legal Representation by Carlos Garcia Miranda, Esq. Clerk and parties to take notice. Signed by Judge Carmen C. Cerezo on 10/26/2018. (mld) (Entered: 11/01/2018)
2018-11-0611MOTION Requesting Order to Serve Summons and Copy of the Complaint, MOTION for extension of time until 30 days to Serve Summons and Complaint filed by Carlos Gabriel Garcia-Miranda on behalf of all Plaintiffs. Responses due by 11/20/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Garcia-Miranda, Carlos). Added MOTION requesting Order on 11/13/2018 (idg). Modified termination date on 2/7/2019 (idg). (Entered: 11/06/2018)
2019-02-0412ORDER granting 11 Motion Requesting Leave to Serve Summons and Copy of the Complaint. Plaintiffs shall file proof of service upon the United States of America within 30 days after notice of this order. Signed by Judge Carmen C. Cerezo on 2/4/2019. (ft) Modified filing date on 2/7/2019 (idg). (Entered: 02/05/2019)
2019-02-0512ORDER granting 11 Motion Requesting Leave to Serve Summons and Copy of the Complaint. Plaintiffs shall file proof of service upon the United States of America within 30 days after notice of this order. Signed by Judge Carmen C. Cerezo on 2/4/2019. (ft) (Entered: 02/05/2019)
2019-02-0813NOTICE of Filing Exhibits SUMMONS re 11 MOTION for extension of time until 30 days to Serve Summons and Complaint MOTION requesting Order filed by Carlos Manuel Sanchez-Lebron, Miriam Sanchez-Lebron (Attachments: # 1 Summons US ATTORNEY DISTRICT OF PR, # 2 Summons US ATTORNEY GENERAL) (Garcia-Miranda, Carlos) (Entered: 02/08/2019)
2019-02-1214Summons Issued as to United States of America. (Attachments: # 1 Summons in a Civil Action) (rim) (Entered: 02/12/2019)
2019-02-2815MOTION to Dismiss/Lack of Jurisdiction Motion to Dismiss for Lack of Subject Matter Jurisdiction as to Defense Finance and Accounting Service, National Personnel Records Center, United States of America, Department of Veterans Affairs, MOTION to Dismiss for Failure to State a Claim For Which Relief May Be Granted filed by Defense Finance and Accounting Service, National Personnel Records Center, United States of America, Department of Veterans Affairs Responses due by 3/14/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Declaration of Kevin Pratts, # 2 Exhibit Declaration of Michelle Clifford, # 3 Exhibit Supplemental Declaration of Michelle Clifford, # 4 Exhibit Declaration of Daniel Masa)(Ramirez-Carbo, Hector) (Entered: 02/28/2019)
2019-02-2816ANSWER to 1 Complaint,,, filed by Hector Ramirez-Carbo on behalf of Defendants Defense Finance and Accounting Service, Department of Veterans Affairs, National Personnel Records Center, United States of America.(Ramirez-Carbo, Hector) (Entered: 02/28/2019)
2019-03-1917AFFIDAVIT of Service by Miriam Sanchez-Lebron, Carlos Manuel Sanchez-Lebron upon United States of America served on 2/14/2019, answer due 3/7/2019. (Attachments: # 1 Exhibit 1) (Garcia-Miranda, Carlos) (Entered: 03/19/2019)
2019-04-1118INFORMATIVE Motion regarding Absence From Jurisdiction from June 17, 2019, through June 30, 2019 filed by Hector Ramirez-Carbo on behalf of Defense Finance and Accounting Service, Department of Veterans Affairs, National Personnel Records Center, United States of America Responses due by 4/25/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Carbo, Hector) (Entered: 04/11/2019)
2019-07-1219MINUTE ORDER: Defendant United States of America's 18 Informative Motion Regarding Absence from Jurisdiction filed on 4/11/2019 is NOTED. Signed by Judge Carmen C. Cerezo on 7/12/2019. (mld) (Entered: 07/12/2019)
2019-07-1220JUDGMENT: Defendants' 15 Motion to Dismiss for Failure to State a Claim is treated by the Court as a Motion for Summary Judgment, and Summary Judgment is GRANTED in favor of the defendants. Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction is DENIED. Signed by Judge Carmen C. Cerezo on 7/12/2019. (mld) (Entered: 07/12/2019)
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by FOIA Project Staff
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