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Case TitleAMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF VETERANS AFFAIRS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01954
Date Filed2021-07-20
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffAMERICANS FOR PROSPERITY FOUNDATION
Case DescriptionAmericans for Prosperity Foundation submitted a FOIA requests to the Department of Veterans Affairs for records concerning aggregate totals and percentages for pending and completed appointment wait times and related data at multiple facilities. APF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, APF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2021-07-201COMPLAINT against U.S. DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 402 receipt number ADCDC-8610543) filed by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Civil Cover Sheet, # 38 Summons VA, # 39 Summons USAO-DC, # 40 Summons USAG)(Mulvey, Ryan) (Entered: 07/20/2021)
2021-07-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICANS FOR PROSPERITY FOUNDATION (Mulvey, Ryan) (Entered: 07/20/2021)
2021-07-20Case Assigned to Judge Rudolph Contreras. (zsb) (Entered: 07/20/2021)
2021-07-203SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/20/2021)
2021-07-264RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/22/2021. Answer due for ALL FEDERAL DEFENDANTS by 8/21/2021. (Mulvey, Ryan) (Entered: 07/26/2021)
2021-07-285RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/26/2021. (Mulvey, Ryan) (Entered: 07/28/2021)
2021-07-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF VETERANS AFFAIRS served on 7/26/2021 (Mulvey, Ryan) (Entered: 07/28/2021)
2021-07-287NOTICE of Appearance by Eric R. Bolinder on behalf of AMERICANS FOR PROSPERITY FOUNDATION (Bolinder, Eric) (Entered: 07/28/2021)
2021-08-058NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 08/05/2021)
2021-08-179Consent MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 08/17/2021)
2021-08-17MINUTE ORDER granting 9 Consent Motion for Extension of Time to File Response. It is hereby ORDERED that Defendant shall respond to the complaint on or before September 7, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 8/17/2021. (lcrc3) (Entered: 08/17/2021)
2021-08-18Set/Reset Deadlines: Answer due by 9/7/2021. (tj) (Entered: 08/18/2021)
2021-09-0710ANSWER to Complaint by U.S. DEPARTMENT OF VETERANS AFFAIRS.(Carilli, Joseph) (Entered: 09/07/2021)
2021-09-07MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before September 21, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 9/7/2021. (lcrc3) (Entered: 09/07/2021)
2021-09-2111Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 09/21/2021)
2021-09-21MINUTE ORDER: Upon consideration of 11 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before October 5, 2021, that includes a proposed production schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 9/21/2021. (lcrc3) (Entered: 09/21/2021)
2021-10-0512Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 10/05/2021)
2021-10-06MINUTE ORDER: Upon consideration of 12 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before December 3, 2021, that includes an update on Defendant VA's interim response and a proposed schedule for further proceedings. SO ORDERED. Signed by Judge Rudolph Contreras on 10/6/2021. (lcrc3) (Entered: 10/06/2021)
2021-10-07Set/Reset Deadlines: Joint Status Report due by 12/3/2021. (zgdf) (Entered: 10/07/2021)
2021-12-0313NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of All Defendants Substituting for attorney Joseph F. Carilli, Jr. (Quinn, Thomas) (Entered: 12/03/2021)
2021-12-0314Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 12/03/2021)
2021-12-03MINUTE ORDER: Upon consideration of 14 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before December 17, 2021, that includes an update on Defendant VA's processing and a proposed schedule for further proceedings. SO ORDERED. Signed by Judge Rudolph Contreras on 12/3/2021. (lcrc3) (Entered: 12/03/2021)
2021-12-1715Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 12/17/2021)
2021-12-19MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before February 4, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 12/19/2021. (lcrc3) (Entered: 12/19/2021)
2022-02-0416Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 02/04/2022)
2022-02-05MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before February 18, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 2/5/2022. (lcrc3) (Entered: 02/05/2022)
2022-02-1817Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 02/18/2022)
2022-02-19MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before March 11, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 2/19/2022. (lcrc3) (Entered: 02/19/2022)
2022-03-1118Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 03/11/2022)
2022-03-12MINUTE ORDER: Upon consideration of 18 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before April 8, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 3/12/2022. (lcrc3) (Entered: 03/12/2022)
2022-04-0819Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 04/08/2022)
2022-04-09MINUTE ORDER: Upon consideration of 19 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before April 25, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 4/9/2022. (lcrc3) (Entered: 04/09/2022)
2022-04-2520Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 04/25/2022)
2022-04-26MINUTE ORDER: Upon consideration of 20 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before May 25, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 4/26/2022. (lcrc3) (Entered: 04/26/2022) (Entered: 04/26/2022)
2022-05-2521Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 05/25/2022)
2022-05-25MINUTE ORDER: Upon consideration of 21 the parties' Joint Status Report, it is hereby ORDERED that the parties are to file another joint status report on or before June 2, 2022. Signed by Judge Rudolph Contreras on 5-25-2022. (lcrc3) (Entered: 05/25/2022)
2022-05-26Set/Reset Deadlines: Joint Status Report due by 6/2/2022. (zgdf) (Entered: 05/26/2022)
2022-06-0222Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 06/02/2022)
2022-06-03MINUTE ORDER: Upon consideration of 22 the parties' Joint Status Report, it is hereby ORDERED that the parties are to file another joint status report on or before July 1, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 6-3-2022. (lcrc3) (Entered: 06/03/2022)
2022-07-0123Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 07/01/2022)
2022-07-01MINUTE ORDER: Upon consideration of 23 the parties' Joint Status Report, it is hereby ORDERED that the parties are to file another joint status report on or before July 8, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 7-1-2022. (lcrc3) (Entered: 07/01/2022)
2022-07-0824Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 07/08/2022)
2022-07-11MINUTE ORDER: Upon consideration of 24 the parties' Joint Status Report, it is hereby ORDERED that Defendant shall process 500 pages per month and produce responsive documents within 30 days of the date of this order, and on that same date each month until production is complete. It is further ORDERED that the parties are to submit a joint status report on August 31, 2022 and every 90 days thereafter. SO ORDERED. Signed by Judge Rudolph Contreras on 7-11-2022. (lcrc3) (Entered: 07/11/2022)
2022-08-3125Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 08/31/2022)
2022-11-2926Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 11/29/2022)
2022-11-30MINUTE ORDER: Upon consideration of 26 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before December 6, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 11-30-2022. (lcrc3) (Entered: 11/30/2022)
2022-12-0627Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 12/06/2022)
2022-12-07MINUTE ORDER: Upon consideration of 27 the parties' Joint Status Report, it is hereby ORDERED that the following schedule shall govern these proceedings: Plaintiff's Motion due on or before December 16, 2022; Defendant's Opposition due on or before January 13, 2023; Plaintiff's Reply due on or before January 20, 2023. It is FURTHER ORDERED that the parties shall submit another joint status report on or before February 27, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12-7-2022. (lcrc3) (Entered: 12/07/2022)
2022-12-1628MOTION to Modify the Court's Production Order by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Declaration of Ryan P. Mulvey, # 2 Declaration of Kevin M. Schmidt, # 3 Text of Proposed Order)(Mulvey, Ryan) (Entered: 12/16/2022)
2023-01-1129MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Modify the Court's Production Order by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 01/11/2023)
2023-01-11MINUTE ORDER granting 29 Defendant's Motion for Extension of Time: It is hereby ORDERED that Defendant shall respond to 28 Plaintiff's Motion to Modify the Court's Production Order on or before January 27, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1-11-2023. (lcrc3) (Entered: 01/11/2023)
2023-01-1230RESPONSE re 29 MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Modify the Court's Production Order filed by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 01/12/2023)
2023-01-12MINUTE ORDER: It is hereby ORDERED that Plaintiff shall file its reply brief in support of 28 Plaintiff's Motion to Modify the Court's Production Order on or before February 3, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1-12-2023. (lcrc3) (Entered: 01/12/2023)
2023-01-2731Memorandum in opposition to re 28 Motion to Modify filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Quinn, Thomas) (Entered: 01/27/2023)
2023-02-0332REPLY to opposition to motion re 28 MOTION to Modify the Court's Production Order filed by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Declaration 2d Decl. of Ryan P. Mulvey)(Mulvey, Ryan) (Entered: 02/03/2023)
2023-02-07MINUTE ORDER denying without prejudice 28 Plaintiff's Motion to Modify the Court's Production Order: It is hereby ORDERED that the parties (including knowledgeable agency personnel) shall meet in person before the next status report is due to discuss and for the agency to answer Plaintiff's questions concerning, amongst other topics, the following: the agency's de-duplication efforts and technical capabilities and the significant production of orphan attachments. The parties shall discuss at the meeting and make best efforts to negotiate a prioritization protocol. If the parties are unable to reach agreement on such a protocol, the parties may move for the court to order their particular proposed plan. SO ORDERED. Signed by Judge Rudolph Contreras on 2-7-2023. (lcrc3) (Entered: 02/07/2023)
2023-02-2733Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 02/27/2023)
2023-02-27MINUTE ORDER: Upon consideration of 33 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before March 28, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2-27-2023. (lcrc3) (Entered: 02/27/2023)
2023-03-08Set/Reset Deadlines: Status Report due by 3/28/2023 (tj) (Entered: 03/08/2023)
2023-03-2834Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 03/28/2023)
2023-03-28MINUTE ORDER: Upon consideration of 34 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 28, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3-28-2023. (lcrc3) (Entered: 03/28/2023)
2023-04-2735NOTICE of Appearance by Lee A. Steven on behalf of AMERICANS FOR PROSPERITY FOUNDATION (Steven, Lee) (Main Document 35 replaced on 4/27/2023) (ztth). (Entered: 04/27/2023)
2023-04-2836Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 04/28/2023)
2023-04-28MINUTE ORDER: Upon consideration of 36 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before May 31, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4-28-2023. (lcrc3) (Entered: 04/28/2023)
2023-05-23Set/Reset Deadlines: Status Report due by 5/31/2023 (tj) (Entered: 05/23/2023)
2023-05-3137Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Quinn, Thomas) (Entered: 05/31/2023)
2023-05-31MINUTE ORDER: Upon consideration of 37 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before July 31, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 5-31-2023. (lcrc3) (Entered: 05/31/2023)
2023-06-01Set/Reset Deadlines: Status Report due by 7/31/2023 (tj) (Entered: 06/01/2023)
2023-06-1238NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICANS FOR PROSPERITY FOUNDATION. Attorney Eric R. Bolinder terminated. (Bolinder, Eric) (Entered: 06/12/2023)
2023-07-3139NOTICE of Appearance by John Moustakas on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS (Moustakas, John) (Entered: 07/31/2023)
2023-07-3140Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 07/31/2023)
2023-08-01MINUTE ORDER: Upon consideration of 40 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before September 29, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 8-1-2023. (lcrc3) (Entered: 08/01/2023)
2023-09-2941Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Moustakas, John) (Entered: 09/29/2023)
2023-09-29MINUTE ORDER: Upon consideration of 41 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before November 28, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 9-29-2023. (lcrc3) (Entered: 09/29/2023)
2023-11-2842Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 11/28/2023)
2023-11-28MINUTE ORDER: Upon consideration of 42 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before January 31, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 11-28-2023. (lcrc3) (Entered: 11/28/2023)
2024-01-1043NOTICE OF SUBSTITUTION OF COUNSEL by Kaitlin Kerry Eckrote on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS Substituting for attorney John Moustakas (Eckrote, Kaitlin) (Entered: 01/10/2024)
2024-01-3144Joint STATUS REPORT by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Eckrote, Kaitlin) (Entered: 01/31/2024)
2024-01-31MINUTE ORDER: Upon consideration of 44 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 3, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 1-31-2024. (lcrc3) (Entered: 01/31/2024)
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