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Case TitleMURTAGH v. U.S. DEPARTMENT OF VETERANS AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00916
Date Filed2020-04-06
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffJAMES MURTAGH
Case DescriptionJames Murtaugh submitted a FOIA request to the Central California Healthcare System for records concerning investigations of Murtaugh when he worked at the Fresno VA hospital. CCHS acknowledged receipt of the request and told Murtaugh that it had been forwarded to the Office of the General Counsel at the Department of Veterans Affairs for processing. After hearing nothing further from the VA's Office of General Counsel, Murtaugh filed an administrative appeal with OGC. In response to Murtaugh's appeal, the VA told him it had remanded his request to CCHS for processing. After hearing nothing further from the agency Murtaugh filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF VETERANS AFFAIRS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-061COMPLAINT FOIA against VETERANS ADMINISTRATION ( Filing fee $ 400 receipt number ADCDC-6994763) filed by JAMES MURTAGH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Hartnett, F.) (Entered: 04/06/2020)
2020-04-072REQUEST FOR SUMMONS TO ISSUE to Defendant re 1 Complaint filed by JAMES MURTAGH. Related document: 1 Complaint filed by JAMES MURTAGH. (Attachments: # 1 Summons, # 2 Summons)(Hartnett, F.) (Entered: 04/07/2020)
2020-04-08Case Assigned to Judge Emmet G. Sullivan. (adh, ) (Entered: 04/08/2020)
2020-04-083SUMMONS (3) Issued Electronically as to VETERANS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/08/2020)
2020-04-144STANDING 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 04/14/20. (Attachment: Exhibit 1) (mac) (Entered: 04/14/2020)
2020-04-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04-15-2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/15/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 5/15/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF VETERANS AFFAIRS served on 4/15/2020 (Hartnett, F.) (Entered: 04/20/2020)
2020-04-226NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS (Palmer-Ball, Katherine) (Entered: 04/22/2020)
2020-05-157ANSWER to Complaint by U.S. DEPARTMENT OF VETERANS AFFAIRS.(Palmer-Ball, Katherine) (Entered: 05/15/2020)
2020-06-02MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than June 23, 2020. The parties' joint proposed scheduling order shall address the following: (1) The status of Plaintiff's FOIA requests; (2) The anticipated number of documents responsive to Plaintiff's FOIA requests; (3) The anticipated date(s) for release of documents responsive to Plaintiff's FOIA requests; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 6/2/2020. (lcegs3) (Entered: 06/02/2020)
2020-06-03Set/Reset Deadlines: Joint Scheduling Order due by 6/23/2020 (mac) (Entered: 06/03/2020)
2020-06-238Joint Proposed Scheduling Order by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) . (Entered: 06/23/2020)
2020-06-23MINUTE ORDER. In view of 8 Joint Proposed Scheduling Order, the parties are directed to file a joint status report with a recommendation for further proceedings by no later than July 23, 2020. Signed by Judge Emmet G. Sullivan on 6/23/2020. (lcegs3) (Entered: 06/23/2020)
2020-06-24Set/Reset Deadlines: Joint Status Report due by 7/23/2020. (mac) (Entered: 06/24/2020)
2020-07-239Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Palmer-Ball, Katherine) (Entered: 07/23/2020)
2020-07-23MINUTE ORDER. In view of 9 joint status report, the parties are directed to file another joint status report with recommendations for further proceedings by no later than August 31, 2020. Signed by Judge Emmet G. Sullivan on 7/23/2020. (lcegs3) (Entered: 07/23/2020)
2020-07-24Set/Reset Deadlines: Joint Status Report due by 8/31/2020 (mac) (Entered: 07/24/2020)
2020-08-3110Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Palmer-Ball, Katherine) (Entered: 08/31/2020)
2020-09-02MINUTE ORDER. In view of 10 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than September 30, 2020. Signed by Judge Emmet G. Sullivan on 9/2/2020. (lcegs3) (Entered: 09/02/2020)
2020-09-02Set/Reset Deadlines: Joint Status Report due by 9/30/2020. (mac) (Entered: 09/02/2020)
2020-09-3011Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Palmer-Ball, Katherine) (Entered: 09/30/2020)
2020-09-30MINUTE ORDER. In view of 11 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than October 30, 2020. Signed by Judge Emmet G. Sullivan on 9/30/2020. (lcegs3) (Entered: 09/30/2020)
2020-09-30Set/Reset Deadlines: Joint Status Report due by 10/30/2020. (mac) (Entered: 09/30/2020)
2020-10-3012Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Palmer-Ball, Katherine) (Entered: 10/30/2020)
2020-11-02MINUTE ORDER. In view of 12 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than November 30, 2020. Signed by Judge Emmet G. Sullivan on 11/2/2020. (lcegs3) (Entered: 11/02/2020)
2020-11-02Set/Reset Deadlines: Joint Status Report due by 11/30/2020. (mac) (Entered: 11/02/2020)
2020-11-3013Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Palmer-Ball, Katherine) (Entered: 11/30/2020)
2020-12-03MINUTE ORDER. In view of 13 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than December 30, 2020. Signed by Judge Emmet G. Sullivan on 12/3/2020. (lcegs3) (Entered: 12/03/2020)
2020-12-03Set/Reset Deadlines: Joint Status Report due by 12/30/2020 (mac) (Entered: 12/03/2020)
2020-12-3014Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 12/30/2020)
2020-12-31MINUTE ORDER. In view of 14 joint status report, the parties shall abide by the following schedule: (1) Defendant shall file its motion for summary judgment by no later than February 15, 2021; (2) Plaintiff shall file his cross-motion for summary judgment and opposition to Defendants motion by no later than April 1, 2021; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of Defendant's motion by no later than May 3, 2021; and (4) Plaintiff shall file his reply by no later than May 24, 2021. Signed by Judge Emmet G. Sullivan on 12/31/2020. (lcegs3) (Entered: 12/31/2020)
2021-01-04Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 2/15/2021. Plaintiff Cross-Motion For Summary Judgment And Opposition To Defendants Motion due by 4/1/2021. Defendant Opposition To Plaintiff's Cross-Motion And Reply In Support Of Defendant's Motion due by 5/3/2021. Plaintiff Reply due by 5/24/2021. (mac) (Entered: 01/04/2021)
2021-02-1215MOTION for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Statement of Facts, # 4 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 02/12/2021)
2021-03-3016Consent MOTION for Extension of Time to file Opposition/Cross Motion by JAMES MURTAGH. (Hartnett, F.) (Entered: 03/30/2021)
2021-03-31MINUTE ORDER granting 16 consent motion for extension of time to file opposition / cross motion. The parties shall abide by the following modified schedule: (1) Plaintiff shall file the opposition and cross-motion for summary judgment by no later than April 8, 2021; (2) Defendant shall file its opposition and reply brief by no later than May 10, 2021; and (3) Plaintiff shall file the reply brief by no later than May 31, 2021. Signed by Judge Emmet G. Sullivan on 3/31/2021. (lcegs3) (Entered: 03/31/2021)
2021-04-01Set/Reset Deadlines: Plaintiff Opposition And Cross-Motion For Summary Judgment due by 4/8/2021. Defendant Opposition And Reply Brief due by 5/10/2021. Plaintiff Reply Brief due by 5/31/2021. (mac) (Entered: 04/01/2021)
2021-04-0817Memorandum in opposition to re 15 MOTION for Summary Judgment filed by JAMES MURTAGH. (Attachments: # 1 Statement of Facts Counter, # 2 Declaration Plaintiff's, # 3 Exhibit to declaration, # 4 Exhibit to declaration, # 5 Exhibit to declaration, # 6 Exhibit to declaration, # 7 Exhibit to declaration, # 8 Exhibit to declaration)(Hartnett, F.) (Entered: 04/08/2021)
2021-04-0818Cross MOTION for Summary Judgment by JAMES MURTAGH. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts)(Hartnett, F.) (Entered: 04/08/2021)
2021-05-0419Consent MOTION for Extension of Time to Combined Opposition and Reply by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 05/04/2021)
2021-05-04MINUTE ORDER granting 19 consent motion for extension of time. Defendant's opposition to Plaintiffs cross-motion and reply in support of Defendant's motion shall be filed by no later than May 18, 2021. Plaintiff's reply in support of cross-motion shall be filed by no later than June 8, 2021. Signed by Judge Emmet G. Sullivan on 5/4/2021. (lcegs3) (Entered: 05/04/2021)
2021-05-05Set/Reset Deadlines: Defendant's Opposition To Plaintiffs Cross-Motion And Reply In Support Of Defendant's Motion due by 5/18/2021. Plaintiff's Reply In Support Of Cross-Motion due by 6/8/2021. (mac) (Entered: 05/05/2021)
2021-05-1820REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit 1, # 2 Reply to Plaintiff's Counter-Statement of Facts)(Palmer-Ball, Katherine) (Entered: 05/18/2021)
2021-05-1821Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit 1, # 2 Counter-Statement of Facts, # 3 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 05/18/2021)
2021-06-0822REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by JAMES MURTAGH. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hartnett, F.) (Entered: 06/08/2021)
2021-08-1023NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS Substituting for attorney Katherine Palmer-Ball (Quinn, Thomas) (Entered: 08/10/2021)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Judge Emmet G. Sullivan is no longer assigned to the case. (rj) (Entered: 02/24/2023)
2023-04-04MINUTE ORDER: In the interest of judicial efficiency, the parties' cross-motions for Summary Judgment 15 18 are DENIED WITHOUT PREJUDICE. The parties are ORDERED to meet-and-confer to resolve or narrow the disputes between them. The parties must meet-and-confer in person at least once before determining that they cannot resolve their disputes. If the parties are unable to resolve their disputes, they are directed to file a status report identifying as to the meetings: (a) the individuals who participated; (b) their location; (c) their length; and (d) a summary of the efforts made by each party to narrow the disputes. The parties must also include a proposed process for the Court's review of challenged redactions in camera, as the Court may take that step. If after reviewing exempted materials in camera, the Court determines that either party was not acting in good faith during the meet-and-confer process, the Court will take appropriate action. Signed by Judge Ana C. Reyes on 4/4/2023. (lcsj) (Entered: 04/04/2023)
2023-07-2024NOTICE OF SUBSTITUTION OF COUNSEL by Bradley Silverman on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS Substituting for attorney Thomas Anthony Quinn (Silverman, Bradley) (Entered: 07/20/2023)
2023-10-2625Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Silverman, Bradley) (Entered: 10/26/2023)
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