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Case TitleBAILEY v. UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS
DistrictMiddle District of Georgia
CityColumbus
Case Number4:2020cv00046
Date Filed2020-03-10
Date Closed2021-05-26
JudgeUS DISTRICT JUDGE CLAY D LAND
PlaintiffCOLLIN C BAILEY
Case DescriptionCollin Bailey submitted a FOIA request to the Department of Veterans Affairs for records concerning his medical claims. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Bailey filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-101COMPLAINT filed by COLLIN C. BAILEY against UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS. Filing Fee $ 400.00, Receipt Number 42426 (Attachments: # 1 Civil Cover Sheet, # 2 VA Documents)(tlf). (Entered: 03/10/2020)
2020-03-102Summonses issued as to UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS, U.S. Attorney, and U.S. Attorney General (tlf). (Entered: 03/10/2020)
2020-03-263MOTION to Amend/Correct 1 Complaint Filed by COLLIN C BAILEY. (Attachments: # 1 Exhibit emails and documents from the Dept of Veteran Services, # 2 Proposed Amended Complaint, # 3 Proposed Order, # 4 Certificate of Service)(esl) (Additional attachment(s) added on 3/26/2020: # 5 re-scan of Exhibit E) (esl). (Entered: 03/26/2020)
2020-03-274This is a text only entry; no document issued. ORDER terminating 3 Motion to Amend/Correct. Plaintiff moves to amend his complaint. Because this is his first motion to amend and because the motion comes within 21 days of serving his initial complaint, Plaintiff may amend his complaint as a matter of course and does not need leave of court to do so. Fed. R. Civ. P. 15(a)(1)(A). Accordingly, Plaintiff's motion to amend (ECF No. 3) is terminated and Plaintiff is directed to file his amended complaint on the docket within 14 days of today's Order. Ordered by US DISTRICT JUDGE CLAY D LAND on 3/27/2020 (hmb) (Entered: 03/27/2020)
2020-03-305AMENDED 1 Complaint against UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS by COLLIN C BAILEY (Attachments: # 1 Email from R Weaver, # 2 VA Letter dated 7/6/2018, # 3 Radiology Report, # 4 Personnel Workload Report, # 5 Text Messages 5/18/2018, # 6 FOIA Request from C. Bailey - 7/30/2018, # 7 VA Letter - 9/27/2018, # 8 VA Letter - 3/03/2020)(tlp) (Entered: 03/30/2020)
2020-04-216CERTIFICATE OF SERVICE re 1 Complaint (esl) (Entered: 04/22/2020)
2020-05-127MOTION to Dismiss for Lack of Jurisdiction by UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS filed by BOWEN REICHERT SHOEMAKER. (Attachments: # 1 Exhibit A - Apr. 6 Letter from OGC, # 2 Exhibit B - Jan. 9 Letter from VA)(SHOEMAKER, BOWEN) (Entered: 05/12/2020)
2020-05-288RESPONSE filed by COLLIN C BAILEY re 7 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Certificate of Service, # 2 Exhibit A - 4-7-20 email, # 3 Exhibit B - USPS tracking, # 4 Exhibit C - 3-24 email)(esl) (Entered: 05/28/2020)
2020-06-049Letter regarding extension under LR 6.2 to file reply in support of MTD (SHOEMAKER, BOWEN) (Entered: 06/04/2020)
2020-06-05Notice of Clerk's Granting of Extension Pursuant to Local Rule 6.2 re: 7 MOTION to Dismiss for Lack of Jurisdiction filed by UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS (esl) (Entered: 06/05/2020)
2020-06-2510REPLY to Response filed by UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS re 7 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit A - Email)(SHOEMAKER, BOWEN) (Entered: 06/25/2020)
2020-07-0711SURREPLY filed by COLLIN C BAILEY re 7 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit A - Technologist Procedure print out 4 pgs, # 2 Exhibit B - Letter dated 4/20/2018, # 3 Exhibit C - Technologist workload report, # 4 Exhibit D - Achievement report, # 5 Certificate of Service, # 6 copies of certified mail receipts)(esl) (Entered: 07/09/2020)
2020-07-09Notice of Deficiency (related document: 11 Surreply, filed by COLLIN C BAILEY); Document requires leave of court before filing.(esl) (Entered: 07/09/2020)
2020-07-0912MOTION for Leave to File SURREPLY Filed by COLLIN C BAILEY.(esl) (Entered: 07/10/2020)
2020-07-1313This is a text only entry; no document issued. ORDER granting 12 Motion for Leave to File. The Court grants Plaintiff leave to file his surreply brief. No further briefing is necessary. Ordered by US DISTRICT JUDGE CLAY D LAND on 7/13/2020 (hmb) (Entered: 07/13/2020)
2020-10-1914ORDER denying 7 Motion to Dismiss for Lack of Jurisdiction. Ordered by US DISTRICT JUDGE CLAY D LAND on 10/19/2020 (esl) (Entered: 10/19/2020)
2020-11-0215ANSWER to 5 Amended Complaint/Petition, by UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS. Related document: 5 Amended Complaint/Petition, filed by COLLIN C BAILEY.(SHOEMAKER, BOWEN) (Entered: 11/02/2020)
2020-11-1316RULES 16/26 ORDER :Proposed Scheduling/Discovery order due by 12/28/2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/13/2020. (esl) (Entered: 11/13/2020)
2020-12-22Proposed Pretrial Order Received and forwarded to chambers (esl) (Entered: 12/22/2020)
2020-12-2317SCHEDULING/DISCOVERY ORDER : Dispositive motions due by 2/15/2021, and parties agree no discovery is necessary at this time. Ordered by US DISTRICT JUDGE CLAY D LAND on 12/23/2020. (tlp) (Entered: 12/23/2020)
2021-02-1518MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS filed by BOWEN REICHERT SHOEMAKER. (Attachments: # 1 Memorandum in Support of Defendant's Motion, # 2 Statement of Material Facts Supporting Motion, # 3 Exhibit 1 Apr. 20, 2018 1st FOIA Request, # 4 Exhibit 2 Apr. 23, 2018 Acknowledgement Letter, # 5 Exhibit 3 July 6, 2018 FOIA Response with 29-entry Production, # 6 Exhibit 4 July 12, 2018 2nd FOIA Request, # 7 Exhibit 5 July 18, 2018 Acknowledgement Letter, # 8 Exhibit 6 July 30, 2018 Request to Modify, # 9 Exhibit 7 Sept. 13, 2018 FOIA Appeal, # 10 Exhibit 8 Sept. 27, 2018 Partial Response, # 11 Exhibit 9 Apr. 6, 2020 Appeal Response, # 12 Exhibit 10 Jan. 3, 2020 3rd FOIA Request, # 13 Exhibit 11 - Jan. 9, 2020 Acknowledgement Letter, # 14 Exhibit 12 Mar. 3, 2020 FOIA Response with 1154-entry Production, # 15 Exhibit 13 May 30, 2020 Email from Plaintiff, # 16 Exhibit 14 June 24, 2020 Email with 885-entry Production, # 17 Affidavit of Tina Higgins, # 18 Affidavit of Kerry Milligan with Exhibits A, B)(SHOEMAKER, BOWEN) (Entered: 02/15/2021)
2021-02-1619NOTICE to Pro Se Party of Motion for Summary Judgment re: 18 MOTION for Summary Judgment. (esl) (Entered: 02/16/2021)
2021-05-2620ORDER granting 18 Motion for Summary Judgment. Ordered by US DISTRICT JUDGE CLAY D LAND on 5/26/2021 (esl) (Entered: 05/26/2021)
2021-05-2621JUDGMENT in favor of UNITED STATES DEPARTMENT OF VETERAN'S AFFAIRS against COLLIN C BAILEY (esl) (Entered: 05/26/2021)
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