| Date Filed | Doc # | Docket Text |
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| 2020-09-01 | 1 | COMPLAINT against UNITED STATES DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number ADCDC-7537577) filed by CHRISTOPHER L. CAPPY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (x 3))(Stotter, Daniel) (Entered: 09/01/2020) |
| 2020-09-02 | | Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 09/02/2020) |
| 2020-09-02 | 2 | SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 09/02/2020) |
| 2020-09-02 | 3 | STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 09/02/2020. (lcrdm3) (Entered: 09/02/2020) |
| 2020-09-23 | 4 | NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 09/23/2020) |
| 2020-10-08 | 5 | ANSWER to Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.(Seabrook, April) (Entered: 10/08/2020) |
| 2020-10-08 | | MINUTE ORDER: It is hereby ORDERED that, on or before November 5, 2020, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on November 12, 2020, at 11:00 a.m., before Judge Randolph D. Moss. The parties can obtain a teleconference number and access code from the deputy clerk prior to the conference. Signed by Judge Randolph D. Moss on 10/8/2020. (lcrdm3) (Entered: 10/08/2020) |
| 2020-10-30 | | MINUTE ORDER: It is hereby ORDERED that the Initial Scheduling Conference scheduled for November 12, 2020 at 11:00 a.m., is VACATED and RESCHEDULED for November 18, 2020 at 11:30 a.m. The parties can obtain a teleconference number and access code from the deputy clerk prior to the conference. Signed by Judge Randolph D. Moss on 10/30/2020. (lcrdm3) (Entered: 10/30/2020) |
| 2020-11-05 | 6 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 11/05/2020) |
| 2020-11-09 | | MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 6 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 8, 2020. It is further ORDERED that the Initial Scheduling Conference scheduled for November 18, 2020 at 11:30 a.m. is VACATED. Signed by Judge Randolph D. Moss on 11/9/2020. (lcrdm3) (Entered: 11/09/2020) |
| 2020-12-08 | 7 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 12/08/2020) |
| 2020-12-08 | | MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 7 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 8, 2021. Signed by Judge Randolph D. Moss on 12/8/2020. (lcrdm3) (Entered: 12/08/2020) |
| 2021-01-08 | 8 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 01/08/2021) |
| 2021-01-11 | | MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 8 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 17, 2021. Signed by Judge Randolph D. Moss on 1/11/2021. (lcrdm3) (Entered: 01/11/2021) |
| 2021-02-12 | 9 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 02/12/2021) |
| 2021-02-12 | | MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 9 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 18, 2021. Signed by Judge Randolph D. Moss on 2/12/2021. (lcrdm3) (Entered: 02/12/2021) |
| 2021-03-18 | 10 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 03/18/2021) |
| 2021-03-19 | | MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 10 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 27, 2021. Signed by Judge Randolph D. Moss on 3/19/2021. (lcrdm3) (Entered: 03/19/2021) |
| 2021-04-27 | 11 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 04/27/2021) |
| 2021-04-28 | | MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 27, 2021. Signed by Judge Randolph D. Moss on 4/28/2021. (lcrdm3) (Entered: 04/28/2021) |
| 2021-05-27 | 12 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 05/27/2021) |
| 2021-05-28 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that: (1) the parties shall appear on June 18, 2021 at 3:00PM for a status conference by telephone to address the issues identified in the status report; and (2) the parties shall meet and confer in good faith prior to the status conference to attempt to resolve those issues. The parties need not, pending further order of the Court, provide further submissions on the identified issues. The Courtroom Deputy Clerk shall provide the parties with the relevant telephonic access information. Signed by Judge Randolph D. Moss on 5/28/2021. (lcrdm3) (Entered: 05/28/2021) |
| 2021-06-17 | | MINUTE ORDER: Upon the Court's own motion, and in recognition of the Juneteenth federal holiday, it is hereby ORDERED that the status conference scheduled for June 18, 2021 at 3:00PM is VACATED and RESCHEDULED for July 15, 2021 at 2:30PM. The status conference shall occur by telephone and the Courtroom Deputy Clerk shall provide the parties with the relevant telephonic access information. Signed by Judge Randolph D. Moss on 6/17/2021. (lcrdm3) (Entered: 06/17/2021) |
| 2021-06-28 | 13 | Consent MOTION to Continue and Reset Telephonic Hearing by CHRISTOPHER L. CAPPY. (Stotter, Daniel) (Entered: 06/28/2021) |
| 2021-06-30 | | MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion to Reset Telephonic Hearing, Dkt. 13 , it is hereby ORDERED that the status conference scheduled for July 15, 2021 at 2:30PM is VACATED and RESCHEDULED for July 21, 2021 at 3:00PM. The status conference shall occur by telephone and the Courtroom Deputy Clerk shall provide the parties with the relevant telephonic access information. Signed by Judge Randolph D. Moss on 6/30/2021. (lcrdm3) (Entered: 06/30/2021) |
| 2021-07-21 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 7/21/2021. For the reasons stated on the record, the parties shall file a Joint Proposed Schedule due by 7/28/2021. (Court Reporter: Crystal Pilgrim.) (kt) (Entered: 07/21/2021) |
| 2021-07-28 | 14 | PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 07/28/2021) |
| 2021-07-28 | | MINUTE ORDER: Upon consideration of the parties' proposed briefing schedule, Dkt. 14 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern further proceedings in this case: (1) Defendant shall email its declaration(s) to Plaintiff on or before August 5, 2021; (2) Plaintiff shall file any motion for discovery on or before September 10, 2021; (3) Defendant shall file its opposition to Plaintiff's motion for discovery on or before October 15, 2021; and (4) Plaintiff shall file its reply in support of its motion for discovery on or before November 12, 2021. Signed by Judge Randolph D. Moss on 07/28/2021. (lcrdm3) (Entered: 07/28/2021) |
| 2021-08-06 | 15 | NOTICE of Appearance by Blake Weiner on behalf of UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Weiner, Blake) (Entered: 08/06/2021) |
| 2021-09-10 | 16 | MOTION for Discovery and Memorandum of Points & Authorities by CHRISTOPHER L. CAPPY. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Christopher L. Cappy & Exhibits A-D, # 3 Declaration of Daniel J. Stotter & Exhibits 1-3)(Stotter, Daniel) (Entered: 09/10/2021) |
| 2021-10-14 | 17 | Consent MOTION to Amend/Correct 16 MOTION for Discovery and Memorandum of Points & Authorities , Order,,, Set Deadlines,, by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 10/14/2021) |
| 2021-10-16 | | MINUTE ORDER: Upon consideration of the parties' consent motion to amend the briefing schedule, Dkt. 17 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Defendant shall file its response to Plaintiff's motion for discovery on or before December 2, 2021; and (2) Plaintiff shall file his reply in support of his motion for discovery on or before January 14, 2022. Signed by Judge Randolph D. Moss on 10/16/2021. (lcrdm3) (Entered: 10/16/2021) |
| 2021-10-18 | | Set/Reset Deadlines: Reply due by 1/14/2022. (kt) (Entered: 10/18/2021) |
| 2021-10-18 | 18 | NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. Attorney Blake A, Weiner terminated. (Weiner, Blake) (Entered: 10/18/2021) |
| 2021-12-02 | 19 | Memorandum in opposition to re 16 MOTION for Discovery and Memorandum of Points & Authorities filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Seabrook, April) (Entered: 12/02/2021) |
| 2022-01-14 | 20 | REPLY to opposition to motion re 16 MOTION for Discovery and Memorandum of Points & Authorities filed by CHRISTOPHER L. CAPPY. (Attachments: # 1 Declaration Second Declaration of Christopher Cappy)(Stotter, Daniel) (Entered: 01/14/2022) |
| 2022-01-16 | | MINUTE ORDER: Upon consideration of plaintiff's motion for discovery, Dkt. 16 , it is hereby ORDERED that the parties shall appear by video for a motions hearing on January 24, 2022, at 11:00 a.m. The parties will receive the Zoom log-in information for the hearing from the Deputy Clerk of Court. Signed by Judge Randolph D. Moss on 1/16/2022. (lcrdm3) (Entered: 01/16/2022) |
| 2022-01-21 | 21 | Unopposed MOTION for Hearing re Order,, Set Hearings, - Request to Reschedule January 24, 2022 Hearing by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 01/21/2022) |
| 2022-01-21 | | MINUTE ORDER: Upon consideration of the government's unopposed motion to reschedule, Dkt. 21 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the video motions hearing currently scheduled for January 24, 2022, at 11:00 a.m., is hereby VACATED and RESCHEDULED for February 3, 2022, at 2:00 p.m. To access the video motions hearing, the parties are to use the same Zoom log-in information previously provided by the Deputy Clerk of Court. Signed by Judge Randolph D. Moss on 1/21/2022. (lcrdm3) (Entered: 01/21/2022) |
| 2022-02-03 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Motion Hearing held on 2/3/2022 re: 16 MOTION for Discovery and Memorandum of Points & Authorities filed by CHRISTOPHER L. CAPPY. For the reasons stated on the record, the motion is denied. Defendant's Summary Judgment Motion, with appropriate declarations, due by 3/15/2022; Plaintiff's Opposition to Motion for Summary Judgment and Cross Motion due by 4/20/2022; Defendant's Reply to Motion for Summary Judgment and Cross Opposition due by 5/20/2022; Plaintiff's final Reply due by 6/17/2022. (Court Reporter: Jeff Hook.) (kt) (Entered: 02/03/2022) |
| 2022-03-15 | 22 | Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Seabrook, April) (Entered: 03/15/2022) |
| 2022-03-15 | | MINUTE ORDER: Upon consideration of the consent motion for extension of time, Dkt. 22 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its motion for summary judgment on or before March 17, 2022. Signed by Judge Randolph D. Moss on 03/15/2022. (lcrdm3) (Entered: 03/15/2022) |
| 2022-03-17 | 23 | MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A through F)(Seabrook, April) (Entered: 03/17/2022) |
| 2022-03-17 | 24 | ERRATA Attaching Corrected Motion by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS re 23 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit - Corrected Motion)(Seabrook, April) (Entered: 03/17/2022) |
| 2022-04-05 | 25 | Joint MOTION to Dismiss by CHRISTOPHER L. CAPPY. (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 04/05/2022) |
| 2022-04-07 | | MINUTE ORDER: Upon consideration of the joint motion to dismiss, Dkt. 25 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the complaint is DISMISSED with prejudice. The Deputy Clerk shall terminate the case. Signed by Judge Randolph D. Moss on 04/07/2022. (lcrdm3) (Entered: 04/07/2022) |
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