Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that James Crockett is not eligible for attorney's fees for his suit against the Department of Veterans Affairs because he did not substantially prevail. Crockett filed suit against VA after it failed to respond to his request in a timely fashion. He argued that his suit was necessary because the agency had previously responded to another request he had submitted within a month. The court found this did not show that Crockett's suit was the cause of the agency's disclosure of records in response to his second request. The court pointed out that "simply because the VA had responded more quickly in the past does not mean that his lawsuit caused the VA's more delayed response; in fact, Crockett does not demonstrate how this is relevant to the issue of causation." Crockett claimed he relied on the fact that the status of his request as shown on the agency's website had not changed before he filed suit as evidence that it would not have disclosed the records without a suit. But the court observed that "to rely on the website's lack of a status update prior to the lawsuit to show causation, Crockett must also show hat there was a status update after filing. The mere absence of any change to the website before his lawsuit is inconsequential." Crockett also argued that the agency was required to explain why it did not disclose his records until after he filed suit. The court, however, noted that Crockett "has not presented any evidence to refute the VA's assertion that it did not know of his lawsuit until after it produced his records, and he cannot argue from the materials in the record that there is a genuine issue of material fact."
Issues: Litigation - Attorney's fees - Eligibility - Causal effect

Date Filed	Doc #	Docket Text
2017-04-28	1	COMPLAINT against Department of Veterans Affairs (Filing & Administrative fee $ 400, receipt # 0423-2663425.), filed by James H Crockett. 70 Day Notice due by 7/7/2017 90 Day Service due by 7/27/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(sas)
2017-04-28	2	Proposed Summons by James H Crockett as to All Defendants.(Bowman, Gary)
2017-04-28	3	Electronic Summons Issued as to Department of Veterans Affairs c/o United States Attorney NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (sas)
2017-05-19	4	MOTION for Extension of Time to File Answer by Department of Veterans Affairs. (Attachments: # 1 Text of Proposed Order)(Winn, Sara)
2017-05-22	5	ORDER granting 4 Motion for Extension of Time to Answer Department of Veterans Affairs answer due 6/30/2017. Signed by District Judge Elizabeth K. Dillon on 5/22/2017. (bw)
2017-05-22	6	RESPONSE in Opposition re 4 MOTION for Extension of Time to File Answer . filed by James H Crockett. (Bowman, Gary)
2017-06-07	7	Letter from Defense Finance and Accounting Service re: request to provide a complete SSN for James H. Crockett. (Attachments: # 1 copy of complaint and its attachments)(sas)
2017-06-28	8	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Department of Veterans Affairs. (Winn, Sara)
2017-06-28	9	Brief / Memorandum in Support re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Winn, Sara)
2017-07-06	10	MOTION for Extension of Time to File Response/Reply as to 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James H Crockett. (Bowman, Gary)
2017-07-07	11	ORAL ORDER granting 10 Motion for Extension of Time to File Response/Reply - Response due by 7/17/2017. Entered by District Judge Elizabeth K. Dillon on 7/7/2017. (mf)
2017-07-13	12	Scheduling Letter (med)
2017-07-17	13	Brief / Memorandum in Opposition re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-07-19	14	NOTICE of Hearing: (N) (No Interpreter requested) Rule 16 Status Conference set for July 27, 2017 at 10:00 AM by conference call before District Judge Elizabeth K. Dillon. (Chambers to send the dial-in instructions to the parties by email.)(mf)
2017-07-24	15	REPLY to Response to Motion re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit 3)(Winn, Sara)
2017-07-25	16	Magistrate Consent Notice to Parties. (sas)
2017-07-27	17	In Chambers Minute Entry for proceedings held before District Judge Elizabeth K. Dillon and Magistrate Judge Robert S. Ballou. Status Conference held by conference call on 8/1/2017. (med) (Entered: 08/01/2017)
2017-08-01	18	ORAL ORDER - The parties agree that the Department of Veterans Affairs has produced all of the documents covered by Crockett's FOIA request and that the only issue remaining before the court is whether Crockett is entitled to attorney's fees. It is ORDERED that the parties are authorized to conduct discovery as to that issue and are not bound by the provisions of Federal Rule of Civil Procedure 26 governing the timing for initiation of discovery. The parties are directed to submit cross-motions for summary judgment on the issue of attorney's fees within 60 days of the entry of this order. This case is hereby referred to United States Magistrate Judge Robert S. Ballou pursuant to 28 U.S.C. § 636(b)(1)(A) and (b)(1)(B) regarding any non-dispositive pre-trial matters and the issue of attorney's fees. Entered by District Judge Elizabeth K. Dillon on August 1, 2017. (mf)
2017-08-17	19	ORAL ORDER - Given the court's oral order on August 1, 2017, defendant's 8 Motion to Dismiss for Failure to State a Claim is DENIED WITHOUT PREJUDICE. Entered by District Judge Elizabeth K. Dillon on August 17, 2017. (mf)
2017-09-29	20	MOTION for Extension of Time to File Summary Judgment Motion by James H Crockett.Motions referred to Judge Robert S. Ballou. (Bowman, Gary)
2017-10-02	21	Cross MOTION for Summary Judgment by Department of Veterans Affairs. (Winn, Sara)
2017-10-02	22	Brief / Memorandum in Support re 21 Cross MOTION for Summary Judgment . filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Winn, Sara)
2017-10-03	23	ORAL ORDER granting 20 Motion for Extension of Time to File Document. Plaintiff shall have until November 1, 2017 to file a motion for summary judgment. Entered by Magistrate Judge Robert S. Ballou on 10/3/17. (lg)
2017-11-01	24	MOTION for Summary Judgment by James H Crockett. (Bowman, Gary)
2017-11-01	25	Brief / Memorandum in Support re 24 MOTION for Summary Judgment . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-11-01	26	Brief / Memorandum in Opposition re 21 Cross MOTION for Summary Judgment . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-11-02	27	Brief / Memorandum in Support re 24 MOTION for Summary Judgment (Corrected--corrections in bold print) . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-11-02	28	Brief / Memorandum in Opposition re 21 Cross MOTION for Summary Judgment (Corrected--corrections in bold print) . filed by James H Crockett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowman, Gary)
2017-11-07	29	NOTICE of Hearing on Motion 21 Cross MOTION for Summary Judgment , 24 MOTION for Summary Judgment : (FTR) Motion Hearing set for 12/7/2017 10:00 AM in Roanoke before Magistrate Judge Robert S. Ballou. (lg)
2017-12-07	30	Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Motion Hearing held on 12/7/2017 re 21 Cross MOTION for Summary Judgment filed by Department of Veterans Affairs, 24 MOTION for Summary Judgment filed by James H Crockett. (Court Reporter K. Brown/FTR.) (kab)
2017-12-07	31	FTR Log Notes for Motion Hearing in the Roanoke Division in CR3 held before Judge Robert S. Ballou on 12/7/2017. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: K. Brown (kab)
2017-12-07	32	Exhibit List. (Attachments: # 1 Exhibit 1)(kab)
2017-12-08	33	Notice of Correction document 25 Brief / Memorandum in Support re 24 MOTION for Summary Judgment and document 26 Brief / Memorandum in Opposition re 21 Cross MOTION for Summary Judgment restricted from the docket due to corrected documents being filed at 27 and 28 . (ck)
2018-01-19	34	REPORT AND RECOMMENDATIONS re 21 Cross MOTION for Summary Judgment filed by Department of Veterans Affairs, 24 MOTION for Summary Judgment filed by James H Crockett Objections to R&R due by 2/2/2018. Signed by Magistrate Judge Robert S. Ballou on 01/18/2018. (ck)
2018-02-02	35	OBJECTION to 34 Report and Recommendations by James H Crockett. (Bowman, Gary)
2018-02-12	36	Response to Plaintiff's Objections to Magistrate Judge's Report and Recommendation . filed by Department of Veterans Affairs. (Winn, Sara)
2018-02-15	37	REPLY to Response to Motion re 34 REPORT AND RECOMMENDATIONS re 21 Cross MOTION for Summary Judgment filed by Department of Veterans Affairs, 24 MOTION for Summary Judgment filed by James H Crockett . filed by James H Crockett. (Bowman, Gary)
2018-09-21	38	MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 9/21/2018. (ck)
2018-09-21	39	ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 21 Motion for Summary Judgment and denying 24 Motion for Summary Judgment. Signed by District Judge Elizabeth K. Dillon on 9/21/2018. (ck)
Hide Docket Events