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Case TitleBlack Veterans Project et al v. United States Department of Veterans Affairs
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2021cv00935
Date Filed2021-07-08
Date Closed2022-06-16
JudgeJudge Vanessa L. Bryant
PlaintiffBlack Veterans Project
PlaintiffNational Veterans Council for Legal Redress
Case DescriptionThe Black Veterans Project and the National Veterans Council for Legal Redress submitted FOIA requests to the Department of Veterans Affairs for records concerning disability claims and race. The agency acknowledged receipt of the requests. The agency responded in part to the requests but after finding the agency's response was insufficient, the Black Veterans Project filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantUnited States Department of Veterans Affairs
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-081COMPLAINT against US Dept of Veterans Affairs ( Filing fee $402 receipt number ACTDC-6569903.), filed by Black Veterans Project, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F, # 7 Exhibit Attachment G, # 8 Exhibit Attachment H, # 9 Exhibit Attachment I, # 10 Exhibit Attachment J, # 11 Exhibit Attachment K, # 12 Exhibit Attachment L, # 13 Exhibit Attachment M)(Wishnie, Michael) (Entered: 07/08/2021)
2021-07-08Judge Victor A. Bolden added. (Anastasio, F.) (Entered: 07/08/2021)
2021-07-082ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 07/8/2021.(Fazekas, J.) (Entered: 07/08/2021)
2021-07-083STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 07/8/2021.(Fazekas, J.) (Entered: 07/08/2021)
2021-07-084NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 3 Standing Protective Order, 2 Electronic Filing Order, 1 Complaint,, filed by National Veterans Council for Legal Redress, Black Veterans Project Signed by Clerk on 07/8/2021.(Fazekas, J.) (Entered: 07/08/2021)
2021-07-08Request for Clerk to issue summons as to United States Department of Veterans Affairs. (Wishnie, Michael) (Entered: 07/08/2021)
2021-07-095***ENTERED IN ERROR*** ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *United States Department of Veterans Affairs* with answer to complaint due within *60* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *127 Wall Street* *New Haven, CT 06511*. (Imbriani, Susan) Modified on 7/9/2021 (Imbriani, Susan). (Entered: 07/09/2021)
2021-07-096ELECTRONIC SUMMONS REISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *United States Department of Veterans Affairs* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *127 Wall Street* *New Haven, CT 06511*. (Imbriani, Susan) (Entered: 07/09/2021)
2021-07-127Proposed MOTION to Amend/Correct 6 Electronic Summons Reissued, by Black Veterans Project, National Veterans Council for Legal Redress.Responses due by 8/2/2021 (Attachments: # 1 Text of Proposed Order Proposed Summons)(Wishnie, Michael) (Entered: 07/12/2021)
2021-07-138ORDER granting 7 Motion to Amend/Correct. The Clerk of Court respectfully is directed to issue the amended summons. Signed by Judge Victor A. Bolden on 07/13/2021. (Millat, C.) (Entered: 07/13/2021)
2021-07-139ELECTRONIC SUMMONS REISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *United States Department of Veterans Affairs* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *127 Wall Street* *New Haven, CT 06511*. (Imbriani, Susan) (Entered: 07/13/2021)
2021-07-2310CERTIFICATE OF SERVICE by Black Veterans Project, National Veterans Council for Legal Redress (Wishnie, Michael) (Entered: 07/23/2021)
2021-07-26Answer deadline updated for United States Department of Veterans Affairs to 8/21/2021. (Imbriani, Susan) (Entered: 07/26/2021)
2021-08-1611NOTICE of Appearance by Carolyn Aiko Ikari on behalf of United States Department of Veterans Affairs (Ikari, Carolyn) (Entered: 08/16/2021)
2021-08-1612ANSWER to 1 Complaint,, with Affirmative Defenses by United States Department of Veterans Affairs.(Ikari, Carolyn) (Entered: 08/16/2021)
2021-09-1613MOTION for Leave to Appear Law Student Michelle Fraling by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 09/16/2021)
2021-09-1614MOTION for Leave to Appear Law Student Ryan Liu by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 09/16/2021)
2021-09-1615MOTION for Leave to Appear Law Student Michael Loedel by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 09/16/2021)
2021-09-1616MOTION for Leave to Appear Law Student Aubrey Stoddard by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 09/16/2021)
2021-09-1617MOTION for Leave to Appear Law Student Angela L. Zhang by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 09/16/2021)
2021-09-1718ORDER granting 13 , 14 , 15 , 16 and 17 Motions for Leave for Angela L. Zhang, Aubrey Stoddard, Michael Loedel, Ryan Liu and Michelle Fraling to appear as law student interns. Signed by Judge Victor A. Bolden on 09/17/2021. (Dalton, A.) (Entered: 09/17/2021)
2021-11-0819ORDER OF TRANSFER. Case reassigned to Judge Vanessa L. Bryant for all further proceedings. Signed by Judge Victor A. Bolden on 11/8/2021.(Perez, J.) (Entered: 11/08/2021)
2021-11-0820ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 11-8-2021. (Shafer, J.) (Entered: 11/08/2021)
2021-11-0821ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 11-8-2021. (Shafer, J.) (Entered: 11/08/2021)
2021-11-1622ORDER: Within 30 days, the parties are directed to meet and confer and file a joint status report regarding the progress of the case along with a joint proposed scheduling order that will facilitate continued progress. The Court sets a case status teleconference for 1/6/2022 at 2:00PM . Dial-in information will be docketed separately. Signed by Judge Vanessa L. Bryant on 11/16/2021. (Burlingham, Corinne) (Entered: 11/16/2021)
2021-11-1623NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Status teleconference set for 1-6-2022 at 2:00 PM before Judge Vanessa L. Bryant. To participate in the teleconference, the parties are to dial 888-251-2909 and enter 2429024# as the access code. (Shafer, J.) (Entered: 11/16/2021)
2021-12-1624Joint STATUS REPORT by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 12/16/2021)
2021-12-1625Joint STATUS REPORT Substitution by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 12/16/2021)
2021-12-2726ORDER adopting with the parties' 25 proposed summary judgment briefing schedule. Defendant's motion for summary judgment shall be filed on or before 2/25/2022. Plaintiffs' opposition to the motion for summary judgment shall be filed on or before 3/18/2022. Defendant's reply, if any, shall be filed on or before 4/1/2022. In light of the representations that the parties are engaging in productive discussions, the Court will cancel the status teleconference scheduled for 1/6/2022. If the parties feel a status conference is necessary, they should jointly file a motion requesting such. Signed by Judge Vanessa L. Bryant on 12/27/2021. (Burlingham, Corinne) (Entered: 12/27/2021)
2022-02-2127Consent MOTION for Leave to File Excess Pages for L.R. 56(a)1 Statement by United States Department of Veterans Affairs. (Ikari, Carolyn) (Entered: 02/21/2022)
2022-02-2528MOTION for Summary Judgment by United States Department of Veterans Affairs.Responses due by 3/18/2022 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts Not in Dispute, # 3 Table of Exhibits, # 4 Exhibit A, # 5 Affidavit B HEIM, # 6 Exhibit B-1, # 7 Exhibit B-2, # 8 Exhibit B-3, # 9 Affidavit C HART, # 10 Affidavit D HAMNER, # 11 Exhibit E OGC FAD, # 12 Affidavit F GUIMONT, # 13 Affidavit G DRAVES, # 14 Exhibit G-1, # 15 Exhibit G-2, # 16 Affidavit H WOOD, # 17 Exhibit I, # 18 Affidavit J NADAL, # 19 Affidavit K SUPPA, # 20 Affidavit L HAWRYLCIW, # 21 Exhibit M ORMDI IAD, # 22 Affidavit N AKIN, # 23 Affidavit O STEPHENS, # 24 Exhibit O-1, # 25 Exhibit O-2, # 26 Exhibit O-3, # 27 Appendix O-VAUGHN INDEX, # 28 Exhibit P BOARD FOIA REQUEST, # 29 Affidavit Q CHARLEBOIS, # 30 Exhibit Q-1, # 31 Exhibit Q-2, # 32 Appendix Q-VAUGHN INDEX, # 33 Affidavit R WAGNER, # 34 Affidavit S GOSNELL, # 35 Affidavit T PARISE, # 36 Exhibit T-1, # 37 Appendix T-VAUGHN INDEX, # 38 Exhibit U VBA FOIA REQUEST, # 39 Affidavit V CAINES, # 40 Exhibit V-1, # 41 Exhibit V-2, # 42 Affidavit W CUNNINGHAM, # 43 Exhibit X EMAIL ADDRESS MEMO)(Ikari, Carolyn) (Entered: 02/25/2022)
2022-02-2829ORDER granting 27 Motion for Leave to File Excess Pages. Signed by Judge Vanessa L. Bryant on 2/28/2022. (Burlingham, Corinne) (Entered: 02/28/2022)
2022-03-0130MOTION for Leave to Appear Law Student Jonathan Epps by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 03/01/2022)
2022-03-0131Consent MOTION for Leave to Appear Law Student Jonathan Epps by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 03/01/2022)
2022-03-0132MOTION for Leave to Appear Law Student Beatrice Pollard by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 03/01/2022)
2022-03-0333ORDER granting 30 , 31 , and 32 Motions for Leave for Jonathan Epps and Beatrice Pollard to appear as law student interns. Signed by Judge Vanessa L. Bryant on 3/3/2022. (Burlingham, Corinne) (Entered: 03/03/2022)
2022-03-1334First MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment until 04/01/2022 by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 03/13/2022)
2022-03-1635ORDER granting 34 Motion for Extension of Time to File Response as to 28 MOTION for Summary Judgment. The response deadline is extended to 4/1/2022. Signed by Judge Vanessa L. Bryant on 3/16/2022. (Burlingham, Corinne) (Entered: 03/16/2022)
2022-03-2936NOTICE by United States Department of Veterans Affairs re 28 MOTION for Summary Judgment withdrawing only argument addressed to VBA FOIA request no. 15 (Ikari, Carolyn) (Entered: 03/29/2022)
2022-04-0137REPLY to Response to 28 MOTION for Summary Judgment filed by Black Veterans Project, National Veterans Council for Legal Redress. (Attachments: # 1 Local Rule 56(a)(2) Statement, # 2 Table of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Wishnie, Michael) (Entered: 04/01/2022)
2022-04-0138MOTION for Rule 56(d) Order by Black Veterans Project, National Veterans Council for Legal Redress. (Attachments: # 1 Declaration LOEDEL)(Wishnie, Michael) (Entered: 04/01/2022)
2022-04-1139Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment until April 22, 2022 by United States Department of Veterans Affairs. (Ikari, Carolyn) (Entered: 04/11/2022)
2022-04-1340ORDER granting 39 Defendant's Motion for Extension of Time to File Reply Memorandum to Plaintiffs' Opposition to 28 Defendant's Motion for Summary Judgment. The reply memorandum deadline is extended to 4/22/2022. Signed by Judge Vanessa L. Bryant on 4/13/2022. (Burlingham, Corinne) (Entered: 04/13/2022)
2022-04-2141Consent MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Rule 56(d) Order, 28 MOTION for Summary Judgment until May 6, 2022 by United States Department of Veterans Affairs. (Ikari, Carolyn) (Entered: 04/21/2022)
2022-04-2242ORDER granting 41 Motion for Extension of Time to file a reply in support of the 28 Motion for Summary Judgment and to file an opposition to the 38 Motion for Discovery. The Defendant's deadline for both is extended to 5/6/2022. Signed by Judge Vanessa L. Bryant on 4/22/2022. (Burlingham, Corinne) (Entered: 04/22/2022)
2022-05-0643Consent MOTION for Leave to File Excess Pages in reply brief in support of summary judgment by United States Department of Veterans Affairs. (Ikari, Carolyn) (Entered: 05/06/2022)
2022-05-0644Memorandum in Opposition re 38 MOTION for Rule 56(d) Order filed by United States Department of Veterans Affairs. (Ikari, Carolyn) (Entered: 05/06/2022)
2022-05-0645REPLY to Response to 28 MOTION for Summary Judgment filed by United States Department of Veterans Affairs. (Ikari, Carolyn) (Entered: 05/06/2022)
2022-05-0746MOTION to Amend/Correct 45 Reply to Response to Motion to add three omitted declarations by United States Department of Veterans Affairs.Responses due by 5/28/2022 (Attachments: # 1 Affidavit (Supplemental) of Amber Heim, # 2 Affidavit (Supplemental) of Gina Suppa, # 3 Affidavit of Madeline Stephens)(Ikari, Carolyn) (Entered: 05/07/2022)
2022-05-0947ORDER granting 43 Motion for Leave to File Excess Pages; granting 46 Motion to Amend/Correct. Signed by Judge Vanessa L. Bryant on 5/9/2022. (Burlingham, Corinne) (Entered: 05/09/2022)
2022-05-1848ENTERED IN ERROR: MOTION to Withdraw 38 MOTION for Rule 56(d) Order by Black Veterans Project, National Veterans Council for Legal Redress. (Wishnie, Michael) Modified on 5/19/2022 (Chartier, AnnMarie). (Entered: 05/18/2022)
2022-05-1949NOTICE by Black Veterans Project, National Veterans Council for Legal Redress re 38 MOTION for Rule 56(d) Order Withdrawing Plaintiffs' Rule 56(d) Cross-Motion (Wishnie, Michael) (Entered: 05/19/2022)
2022-05-1950ORDER withdrawing 38 Plaintiffs' Rule 56(d) Cross-Motion pursuant to Plaintiffs' 48 Notice of Withdrawal. Signed by Judge Vanessa L. Bryant on 5/19/2022. (Burlingham, Corinne) (Entered: 05/19/2022)
2022-05-2351ORDER. The parties are directed to meet and confer, then provide a joint status report indicating what issues remain on the 28 Motion for Summary Judgment for the Court to rule on. The status report is due within 21 days of this order. Signed by Judge Vanessa L. Bryant on 5/23/2022. (Burlingham, Corinne) (Entered: 05/23/2022)
2022-06-1352Joint STATUS REPORT by United States Department of Veterans Affairs. (Attachments: # 1 Text of Proposed Order)(Ikari, Carolyn) (Entered: 06/13/2022)
2022-06-1653ORDER finding as moot 28 Motion for Summary Judgment pursuant to the parties' 52 Joint Status Report indicating they have reached an agreement in this case and all issues in the Complaint and Motion for Summary Judgment are now moot. The Clerk is directed to complete the proposed order, Dkt. 52-1, enter Judgment for Defendant, and close this case. The Court retains jurisdiction over the issues of attorneys' fees and costs. Signed by Judge Vanessa L. Bryant on 06/16/2022. (Lee, Elisabeth) (Entered: 06/16/2022)
2022-06-1654JUDGMENT. Appeal forms may be obtained at the following website: www.ctd.uscourts.gov/forms/all-forms/appeals_forms. Signed by Clerk on 6-16-2022. (Shafer, J.) (Entered: 06/16/2022)
2022-06-16JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Shafer, J.) (Entered: 06/16/2022)
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