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Case TitleEmpower Oversight Whistleblowers & Research v. Department of Veterans Affairs
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2022cv00559
Date Filed2022-05-16
Date ClosedOpen
JudgeDistrict Judge Michael S Nachmanoff
PlaintiffEmpower Oversight Whistleblowers & Research
Case DescriptionEmpower Oversight Whistleblowers & Research submitted a FOIA request to the Department of Veterans Affairs for records concerning the agency's response to letters from Sen. Charles Grassley to the agency related to allegations of misconduct by officials at the Veterans Benefits Administration. The agency acknowledged receipt of the request. The agency responded by disclosing records but withholding others. EOWR filed an administrative appeal. After hearing nothing further from the agency, EOWR filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Veterans Affairs
Documents
Docket
Complaint
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Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-161Complaint ( Filing fee $ 402, receipt number AVAEDC-8392713.), filed by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Civil Cover Sheet)(Beelaert, Jeffrey) (Entered: 05/16/2022)
2022-05-172Financial Interest Disclosure Statement (Local Rule 7.1) by Empower Oversight Whistleblowers & Research. (Beelaert, Jeffrey) (Entered: 05/17/2022)
2022-05-183Proposed Summons re 1 Complaint, by Empower Oversight Whistleblowers & Research. (Beelaert, Jeffrey) (Entered: 05/18/2022)
2022-05-184Proposed Summons re 1 Complaint, by Empower Oversight Whistleblowers & Research. (Beelaert, Jeffrey) (Entered: 05/18/2022)
2022-05-185Proposed Summons re 1 Complaint, by Empower Oversight Whistleblowers & Research. (Beelaert, Jeffrey) (Entered: 05/18/2022)
2022-05-206Summons Issued as to Department of Veterans Affairs, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Summons Notice)(swil) (Entered: 05/20/2022)
2022-06-167NOTICE of Appearance by Kirstin O'Connor on behalf of Department of Veterans Affairs (O'Connor, Kirstin) (Entered: 06/16/2022)
2022-06-178ANSWER to Complaint by Department of Veterans Affairs.(O'Connor, Kirstin) (Entered: 06/17/2022)
2022-06-179Amended ANSWER to Complaint by Department of Veterans Affairs.(O'Connor, Kirstin) (Entered: 06/17/2022)
2022-06-2410SCHEDULING ORDER:Initial Pretrial Conference set for 7/20/2022 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 11/17/2022 at 01:00 PM in Alexandria Courtroom 400 before District Judge Michael S Nachmanoff. Discovery due by 11/11/2022.. Signed by District Judge Michael S Nachmanoff on 6/24/2022. (lcre, ) (Entered: 06/24/2022)
2022-07-0611MOTION to Vacate the Scheduling Order by Department of Veterans Affairs. (Attachments: # 1 Proposed Order)(O'Connor, Kirstin) (Entered: 07/06/2022)
2022-07-0612Memorandum in Support re 11 MOTION to Vacate the Scheduling Order filed by Department of Veterans Affairs. (O'Connor, Kirstin) (Entered: 07/06/2022)
2022-07-0613Notice of Hearing Date set for 7/15/2022 re 12 Memorandum in Support, 11 MOTION to Vacate the Scheduling Order (O'Connor, Kirstin) (Entered: 07/06/2022)
2022-07-06Set Deadlines as to 11 MOTION to Vacate the Scheduling Order . Motion Hearing set for 7/15/2022 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (clar, ) (Entered: 07/06/2022)
2022-07-06MOTIONS REFERRED to Magistrate Judge: Buchanan. 11 MOTION to Vacate the Scheduling Order (clar, ) (Entered: 07/06/2022)
2022-07-1214Opposition to 11 MOTION to Vacate the Scheduling Order filed by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Beelaert, Jeffrey) (Entered: 07/12/2022)
2022-07-1315Joint Proposed Discovery Plan by Department of Veterans Affairs.(O'Connor, Kirstin) (Entered: 07/13/2022)
2022-07-1416REPLY to Response to Motion re 11 MOTION to Vacate the Scheduling Order filed by Department of Veterans Affairs. (O'Connor, Kirstin) (Entered: 07/14/2022)
2022-07-1517Minute Entry for proceedings held before Magistrate Judge Theresa Carroll Buchanan:Motion Hearing held on 7/15/2022 re 11 MOTION to Vacate the Scheduling Order filed by Department of Veterans Affairs. Appearances of counsel. Motion 11 is GRANTED. Joint Proposed Discovery Plan 15 is DENIED. Order to follow. (Tape #FTR.)(tfitz, ) (Entered: 07/15/2022)
2022-07-1518FOR REASONS stated from the bench, and in accord with specific rulings and instructions thereto, it is hereby ORDERED that Defendants' Motion 11 is GRANTED; and it is further ORDERED that the parties' Joint Proposed Discovery Plan 15 is DENIED. ENTERED this 15th day of July, 2022. Alexandria, Signed by Magistrate Judge Theresa Carroll Buchanan on 7/15/22. (tfitz, ) (Entered: 07/15/2022)
2022-07-2119NOTICE of Appearance by Meghan Elizabeth Loftus on behalf of Department of Veterans Affairs (Loftus, Meghan) (Entered: 07/21/2022)
2022-07-2120Consent MOTION to Stay the Case until August 16, 2022 by Department of Veterans Affairs. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 07/21/2022)
2022-07-2221ORDER granting 20 Motion to Stay. ORDERED that the instant action is STAYED until August 16, 2022. Signed by District Judge Michael S Nachmanoff on 7/22/2022. (swil) (Entered: 07/22/2022)
2022-08-15Case Reassigned to Magistrate Judge John F. Anderson. Magistrate Judge Theresa Carroll Buchanan no longer assigned to the case. (jlan) (Entered: 08/15/2022)
2022-09-0122Consent MOTION for Leave to File Amended Complaint by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit Draft Amended Complaint, # 2 Proposed Order)(Beelaert, Jeffrey) (Entered: 09/01/2022)
2022-09-2223ORDER granting 22 Consent Motion for Leave to File Amended Complaint (see Order for details). Signed by Magistrate Judge John F. Anderson on 9/22/2022. (swil) (Entered: 09/22/2022)
2022-09-2224AMENDED COMPLAINT against Department of Veterans Affairs, filed by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Beelaert, Jeffrey) (Entered: 09/22/2022)
2022-10-0625ANSWER to Complaint by Department of Veterans Affairs.(O'Connor, Kirstin) (Entered: 10/06/2022)
2022-11-0326MOTION for Summary Judgment by Department of Veterans Affairs. (O'Connor, Kirstin) (Entered: 11/03/2022)
2022-11-0327Memorandum in Support re 26 MOTION for Summary Judgment filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit Gowins-Bellamy Declaration, # 2 Exhibit Exhibits to Gowins-Bellamy Declaration, # 3 Exhibit OIG Vaughn)(O'Connor, Kirstin) (Entered: 11/03/2022)
2022-11-0328NOTICE by Department of Veterans Affairs re 27 Memorandum in Support, 26 MOTION for Summary Judgment Notice of Filing of Additional Exhibits (Attachments: # 1 Exhibit Ha Declaration, # 2 Exhibit Exhibits to Ha Declaration, # 3 Exhibit OSVA Vaughn, # 4 Exhibit DEX 5)(O'Connor, Kirstin) (Entered: 11/03/2022)
2022-11-0329Waiver of re 27 Memorandum in Support, 28 NOTICE, 26 MOTION for Summary Judgment Waiver of Hearing by Department of Veterans Affairs (O'Connor, Kirstin) (Entered: 11/03/2022)
2022-11-1730Opposition to 26 MOTION for Summary Judgment filed by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Beelaert, Jeffrey) (Entered: 11/17/2022)
2022-11-2331REPLY to Response to Motion re 26 MOTION for Summary Judgment filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit DEX 6, # 2 Exhibit Ha Supplemental Declaration, # 3 Exhibit Gowins-Bellamy Supplemental Declaration, # 4 Exhibit Exhibits 17 & 18 to Gowins-Bellamy Supplemental Declaration)(O'Connor, Kirstin) (Entered: 11/23/2022)
2023-01-2732NOTICE by Empower Oversight Whistleblowers & Research (Attachments: # 1 Exhibit A, # 2 Exhibit B- ( placed under seal- attorney advised to file motion to seal ) (Beelaert, Jeffrey) Modified on 1/27/2023 (Dest). (Entered: 01/27/2023)
2023-01-2733Consent MOTION to Strike 32 NOTICE Exhibit B by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit B (substituted), # 2 Proposed Order)(Beelaert, Jeffrey) (Entered: 01/27/2023)
2023-01-3034ORDERED that the Unopposed Motion is GRANTED; and it is further ORDERED that Exhibit B (Dkt No. 32-2) will be substituted with the PDF document attached to the Motion in re 33 Consent Motion to Strike 32 NOTICE Exhibit B. Signed by Magistrate Judge John F. Anderson on 1/30/2023. (swil) (Entered: 01/30/2023)
2023-02-0735NOTICE by Empower Oversight Whistleblowers & Research Requesting Oral Argument (Beelaert, Jeffrey) (Entered: 02/07/2023)
2023-02-0836MOTION to Strike 32 NOTICE and Response to Notice by Department of Veterans Affairs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(O'Connor, Kirstin) (Entered: 02/08/2023)
2023-02-0837NOTICE Waiver of Hearing by Department of Veterans Affairs re 36 MOTION to Strike 32 NOTICE and Response to Notice (O'Connor, Kirstin). Modified on 2/8/2023 (Dest). (Entered: 02/08/2023)
2023-02-1538Opposition to 36 MOTION to Strike 32 NOTICE and Response to Notice filed by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit A)(Beelaert, Jeffrey) (Entered: 02/15/2023)
2023-02-2139REPLY to Response to Motion re 36 MOTION to Strike 32 NOTICE and Response to Notice filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit A)(O'Connor, Kirstin) (Entered: 02/21/2023)
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by FOIA Project Staff
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