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Case TitleALFORD v. MCDONOUGH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02856
Date Filed2022-09-20
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffLEROY ALFORD
Case DescriptionLeroy Alford submitted FOIA requests to the Department of Veterans Affairs for records concerning the appeal of his disability claim. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Alford filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDENIS MCDOUNGH Sect'y Dept of Veterans Affairs, Agency
DefendantDENIS R. MCDONOUGH Sect'y Dept of Veterans Affairs, Agency
DefendantDENIS MCDONOUGH Sect'y Dept of Veterans Affairs, Agency
Documents
Docket
Complaint
Complaint attachment 1
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Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-201COMPLAINT against DENIS MCDOUNGH (Filing fee $ 402, receipt number TBD) with Jury Demand filed by LEROY ALFORD. (Attachment: # 1 Civil Cover Sheet)(ztth) (Entered: 09/22/2022)
2022-09-20SUMMONS (3) Issued as to DENIS MCDOUNGH, U.S. Attorney and U.S. Attorney General. (ztth) (Entered: 09/22/2022)
2022-11-042NOTICE of Appearance by Anna Davis Walker on behalf of DENIS MCDOUNGH (Attachments: # 1 Certificate of Service)(Walker, Anna) (Entered: 11/04/2022)
2022-11-043First MOTION for Extension of Time to File Answer or Otherwise Respond (Opposed) by DENIS MCDOUNGH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 11/04/2022)
2022-11-074GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on November 7, 2022. (lcrbw2) (Entered: 11/07/2022)
2022-11-07MINUTE ORDER. Upon consideration of the 3 Defendant's First Opposed Motion to Extend Time to Respond, it is hereby ORDERED that the 3 Defendant's First Opposed Motion to Extend Time to Respond is GRANTED. It is further ORDERED that, on or before December 12, 2022, the defendant shall file his answer or otherwise respond to the plaintiff's Complaint. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on November 7, 2022. (lcrbw2) (Entered: 11/07/2022)
2022-11-07Set/Reset Deadlines: Defendant Answer Or Otherwise Response To Plaintiff's Complaint due by 12/12/2022. (mac) (Entered: 11/07/2022)
2022-11-115Memorandum in opposition to re 3 Motion for Extension of Time to File Answer filed by LEROY ALFORD. (ztth) (Entered: 11/14/2022)
2022-12-126ANSWER to 1 Complaint by DENIS MCDOUNGH. (Attachments: # 1 Certificate of Service)(Walker, Anna) (Entered: 12/12/2022)
2022-12-207AFFIDAVIT of Mailing by LEROY ALFORD. (ztth) (Entered: 12/21/2022)
2023-01-19MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that, on or before February 16, 2023, the parties shall file a joint proposed briefing schedule governing further proceedings. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on January 19, 2023. (lcrbw2) (Entered: 01/19/2023)
2023-01-19Set/Reset Deadlines: Parties Joint Proposed Briefing Schedule due by 2/16/2023. (mac) (Entered: 01/19/2023)
2023-01-20ENTERED IN ERROR.....Set/Reset Deadlines: Plaintiff Opposition To The Defendant's Motion To Dismiss due by 1/30/2023. Defendant Reply In Support Of Its Motion To Dismiss due by 2/13/2023 (mac) (Entered: 01/20/2023)
2023-02-168Joint STATUS REPORT by DENIS MCDOUNGH. (Attachments: # 1 Text of Plaintiff's Proposed Order, # 2 Text of Defendant's Proposed Order, # 3 Certificate of Service)(Walker, Anna) (Entered: 02/16/2023)
2023-03-06MINUTE ORDER. The Court requiring additional information regarding the parties' 8 Joint Status Report, it is hereby ORDERED that, on March 13, 2023, at 10:30 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on March 6, 2023. (lcrbw2) (Entered: 03/06/2023)
2023-03-06Set/Reset Hearings: Status Conference set for 3/13/2023 at 10:30 AM via teleconference before Judge Reggie B. Walton. (zalh) (Entered: 03/06/2023)
2023-03-13Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 3/13/2023. The Court directs the parties to meet and confer. A Further Status Conference is set for 4/6/2023 at 3:00 PM via teleconference before Judge Reggie B. Walton. (Court Reporter: Lisa Moreira) (zalh) (Entered: 03/13/2023)
2023-03-139ORDER. In accordance with the attached Order, it is hereby ORDERED that, on April 6, 2023, at 3:00 p.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that, prior to the April 6, 2023 status conference, the parties shall meet for the purpose of permitting the plaintiff to confirm which documents he is requesting and for the parties to discuss how those documents can be produced. It is further ORDERED that, at the April 6, 2023 status conference, the defendant shall be prepared to advise the Court regarding (1) the number of documents potentially subject to production, (2) whether the defendant anticipates asserting any Freedom of Information Act exemptions, and (3) the amount of time the defendant estimates for the production of the documents that the plaintiff is entitled to receive. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on March 13, 2023. (lcrbw2) (Entered: 03/13/2023)
2023-04-04MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the status conference currently scheduled for April 6, 2023, is CONTINUED to May 9, 2023, at 9:30 a.m. The parties shall appear before the Court via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on April 4, 2023. (lcrbw2) (Entered: 04/04/2023)
2023-05-09Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 5/9/2023. Government's Status Report due by 8/11/2023. Status Conference set for 8/25/2023 at 9:00 AM via teleconference before Judge Reggie B. Walton. (Court Reporter: Christine Asif) (zalh) (Entered: 05/09/2023)
2023-05-1010ORDER. In accordance with the attached Order, it is hereby ORDERED that, on August 11, 2023, the parties shall submit a joint status report apprising the Court of the status of the productions in this case. It is further ORDERED that, on August 25, 2023, at 9:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on May 10, 2023. (lcrbw2) (Entered: 05/10/2023)
2023-05-2511NOTICE to the Court by LEROY ALFORD (znmw) (Entered: 05/25/2023)
2023-06-0712RESPONSE re 11 Notice (Other) filed by DENIS MCDOUNGH. (Attachments: # 1 Brian Tierney Declaration, # 2 Certificate of Service)(Walker, Anna) (Entered: 06/07/2023)
2023-06-0913ORDER. In accordance with the attached Order, it is hereby ORDERED that the plaintiff's requests in his 11 Plaintiff[] Informs the Court Defen[d]ant Falsely Asserted Plaintiff Submitted a[] Privacy Act Request Dated 14 April 2023 are DENIED AS MOOT. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on June 9, 2023. (lcrbw2) (Entered: 06/09/2023)
2023-07-0514MOTION to Compel by LEROY ALFORD. (ztth) (Entered: 07/07/2023)
2023-07-0715ERRATA by LEROY ALFORD re 14 Motion to Compel. (Correction to Case Number) (ztth) (Entered: 07/07/2023)
2023-07-1916Memorandum in opposition to re 14 Motion to Compel filed by DENIS MCDOUNGH. (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Text of Proposed Order, # 4 Certificate of Service)(Walker, Anna) (Entered: 07/19/2023)
2023-07-2517MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Compel by LEROY ALFORD. (Attachment: # 1 Text of Proposed Order)(ztth) (Entered: 07/25/2023)
2023-07-26MINUTE ORDER. Upon consideration of the 17 Plaintiff's Motion to Enlarge Time to File an Answer or Other Response to Defendant's Opposition Motion to Compel, and for good cause shown, it is hereby ORDERED that the 17 Plaintiff's Motion to Enlarge Time to File an Answer or Other Response to Defendant's Opposition Motion to Compel is GRANTED. It is further ORDERED that, on or before August 3, 2023, the plaintiff shall file his reply in support of 14 Plaintiff's Motion to Compel In-Person Inspection. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on July 26, 2023. (lcrbw2) (Entered: 07/26/2023)
2023-08-0318REPLY to opposition to motion re 14 MOTION to Compel filed by LEROY ALFORD. (znmw) (Entered: 08/04/2023)
2023-08-1119Joint STATUS REPORT by DENIS MCDOUNGH. (Attachments: # 1 Certificate of Service)(Walker, Anna) (Entered: 08/11/2023)
2023-08-1420MOTION for Leave to File First Amended Complaint by LEROY ALFORD. (Attachments: # 1 Amended Complaint)(znmw) (Entered: 08/15/2023)
2023-08-2421MOTION for Reasonable Accommodation by LEROY ALFORD. (znmw) (Entered: 08/24/2023)
2023-08-2422RESPONSE re 20 MOTION for Leave to File First Amended Complaint filed by DENIS MCDOUNGH. (Attachments: # 1 Exhibits 1-5, # 2 Certificate of Service)(Walker, Anna) (Entered: 08/24/2023)
2023-08-25Minute Entry for proceedings held before Judge Reggie B. Walton: Telephonic Status Conference held on 8/25/2023. Plaintiff Reply due by 9/8/2023. (Court Reporter ELIZABETH SAINT-LOTH.) (mac) (Entered: 08/25/2023)
2023-08-2523ORDER. In accordance with the attached Order, it is hereby ORDERED that the 14 Plaintiff's Motion to Compel In-Person Inspection is DENIED WITHOUT PREJUDICE as premature. It is further ORDERED that, on or before September 8, 2023, the plaintiff shall file his reply in support of 20 Plaintiff's Motion for Leave of Court to File First Amended Complaint. It is further ORDERED that the 21 Plaintiff's Motion for Reasonable Accom[o]dation and Exhibit for Telephone Conference is GRANTED. It is further ORDERED that, on or before September 8, 2023, the plaintiff shall file a written supplement, if any, to the oral representations made by him during the August 25, 2023 status conference. It is further ORDERED that, on or before September 15, 2023, the defendant shall file its response to any written supplement filed by the plaintiff regarding the August 25, 2023 status conference. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on August 25, 2023. (lcrbw2) (Entered: 08/25/2023)
2023-09-0724MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Leave to File by LEROY ALFORD. (znmw) (Entered: 09/07/2023)
2023-09-07MINUTE ORDER. Upon consideration of the 24 Plaintiff's Motion for Extension of Time to Respond to Defendant's Response Opposing Motion for Leave to Amend and for Discovery, and for good cause shown, it is hereby ORDERED that the 24 Plaintiff's Motion for Extension of Time to Respond to Defendant's Response Opposing Motion for Leave to Amend and for Discovery is GRANTED. It is further ORDERED that, on or before September 11, 2023, the plaintiff shall file his reply in support of 20 Plaintiff's Motion for Leave of Court to File First Amended Complaint. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on September 7, 2023. (lcrbw2) (Entered: 09/07/2023)
2023-09-1125REPLY to opposition to motion re 20 MOTION for Leave to File filed by LEROY ALFORD. (znmw) (Entered: 09/12/2023)
2023-09-1626ERRATA by LEROY ALFORD re 25 Reply to opposition to Motion. (ztth) (Entered: 09/18/2023)
2024-01-0327TRANSCRIPT OF PROCEEDINGS, before Judge Reggie B. Walton, held on 8-25-2023; Page Numbers: 1 - 19. Date of Issuance: 1-03-2024. Court Reporter: Elizabeth Saint-Loth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/24/2024. Redacted Transcript Deadline set for 2/3/2024. Release of Transcript Restriction set for 4/2/2024.(Saint-Loth, Elizabeth) (Entered: 01/03/2024)
2024-01-05MINUTE ORDER. The Court requiring additional information before resolving the 20 Plaintiff's Motion for Leave of Court to File First Amended Complaint, it is hereby ORDERED that, on February 26, 2024, at 2:00 p.m., the parties shall appear before the Court for a motion hearing, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on January 5, 2024. (lcrbw2) (Entered: 01/05/2024)
2024-02-2629MOTION to Address Unanswered 2023 Privacy Act Request LEROY ALFORD by LEROY ALFORD. (Attachment: # 1 Exhibit A)(ztth) (Entered: 02/26/2024)
2024-02-26Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Motion Hearing held on 2/26/2024 re 20 Plaintiff's Motion for Leave of Court to File First Amended Complaint. Oral arguments heard. The Court grants in part and denies in part 20 Plaintiff's Motion for Leave of Court to File First Amended Complaint. Plaintiff's supplement due by 2/29/2024. Government's Response due by 3/28/2024. Plaintiff's Reply due by 4/8/2024. Motion Hearing set for 5/21/2024 at 11:00 AM via teleconference before Judge Reggie B. Walton. (Court Reporter: Stacy Johns) (zalh) (Entered: 03/01/2024)
2024-02-2730ORDER. In accordance with the attached Order, it is hereby ORDERED that the 20 Plaintiff's Motion for Leave of Court to File First Amended Complaint ("Pl.'s Mot.") is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent the plaintiff seeks to supplement his original Complaint to add a claim regarding the defendant's alleged "fail[ure] to respond to submission of VA Form 20-10206, Freedom of Information Act and Privacy Act (FOIA/PA) request submitted on [August 31, 2022] in person to the National Capital Region Benefits Office (NCRB) public contact office." Pl.'s Mot., Exhibit ("Ex.") 1 (Plaintiff's First Amended Complaint) at 1, ECF No. 20-1. The motion is DENIED in all other respects, in light of the plaintiff's withdrawal of his request for discovery. It is further ORDERED that, on or before February 29, 2024, the plaintiff shall file his forthcoming supplement to the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request. It is further ORDERED that, on or before March 28, 2024, the defendant shall file his opposition to the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and the plaintiff's forthcoming supplement to this motion. It is further ORDERED that, on or before April 8, 2024, the plaintiff shall file his reply in support of the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and his forthcoming supplement to this motion. It is further ORDERED that, on May 21, 2024, at 11:00 a.m., the parties shall appear before the Court for a motion hearing on the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request. The parties shall appear before the Court, via teleconference, by calling 1 877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on February 27, 2024. (lcrbw2) (Entered: 02/27/2024)
2024-02-2931MOTION to Supplement ECF. No. 29 re 29 MOTION LEROY ALFORD by LEROY ALFORD. (Attachment: # 1 Exhibits)(ztth) (Entered: 03/04/2024)
2024-03-0732ERRATA by LEROY ALFORD re 31 Motion to Supplement ECF. No. 29. (ztth) (Entered: 03/07/2024)
2024-03-1133Consent MOTION for Extension of Time to File Answer to Supplemental Complaint, ECF No. 20 by DENIS MCDOUNGH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 03/11/2024)
2024-03-1234NOTICE of Proposed Order Text of Proposed Order and Certificate of Service by DENIS MCDOUNGH re 33 Motion for Extension of Time to File Answer. (Attachments: # 1 Certificate of Service)(Walker, Anna) Modified event title on 3/13/2024 (znmw). (Entered: 03/12/2024)
2024-03-13MINUTE ORDER. Upon consideration of the 33 Defendant's Consent Motion to Extend Time to Answer Supplemental Complaint, and for good cause shown, it is hereby ORDERED that the 33 Defendant's Consent Motion to Extend Time to Answer Supplemental Complaint is GRANTED. It is further ORDERED that, on or before March 28, 2024, the defendant shall file his answer or otherwise respond to the plaintiff's supplemental complaint. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on March 13, 2024. (lcrbw2) (Entered: 03/13/2024)
2024-03-2535MOTION for Extension of Time to File Response/Reply as to 29 MOTION LEROY ALFORD, 31 MOTION to Supplement ECF. No. 29 re 29 MOTION LEROY ALFORD by DENIS MCDOUNGH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 03/25/2024)
2024-03-26MINUTE ORDER. Upon consideration of the 35 Defendant's Motion to Extend Time to Respond to Plaintiff's Second Motion to Supplement the Complaint, it is hereby ORDERED that the 35 Defendant's Motion to Extend Time to Respond to Plaintiff's Second Motion to Supplement the Complaint is GRANTED. It is further ORDERED that, on or before April 25, 2024, the defendant shall file his opposition to the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and the 31 Plaintiff's Motion to Supplement ECF. No. 29. It is further ORDERED that, on or before May 6, 2024, the plaintiff shall file his reply in support of the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and the 31 Plaintiff's Motion to Supplement ECF. No. 29. It is further ORDERED that the motion hearing currently scheduled for May 21, 2024, is CONTINUED to June 19, 2024, at 10:00 a.m. The parties shall appear before the Court, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on March 26, 2024. (lcrbw2) (Entered: 03/26/2024)
2024-03-2836ANSWER to Complaint (Supplemental Complaint, ECF No. 20 , Ex.1) by DENIS MCDOUNGH. (Attachments: # 1 Certificate of Service)(Walker, Anna) (Entered: 03/28/2024)
2024-04-02MINUTE ORDER. Due to the Court's closure on June 19, 2024, it is hereby ORDERED that the motion hearing currently scheduled for June 19, 2024, is CONTINUED to June 20, 2024, at 10:00 a.m. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on April 2, 2024. (lcrbw2) (Entered: 04/02/2024)
2024-04-2337Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Supplement ECF. No. 29 re 29 MOTION LEROY ALFORD by DENIS MCDOUNGH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 04/23/2024)
2024-04-29MINUTE ORDER. Upon consideration of the 37 Defendant's Unop[p]osed Motion to Extend Time to Respond to Plaintiff's Second Motion to Supplement the Complaint, it is hereby ORDERED that the 37 Defendant's Unop[p]osed Motion to Extend Time to Respond to Plaintiff's Second Motion to Supplement the Complaint is GRANTED. It is further ORDERED that, on or before May 2, 2024, the defendant shall file his opposition to the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and the 31 Plaintiff's Motion to Supplement ECF. No. 29. It is further ORDERED that, on or before May 13, 2024, the plaintiff shall file his reply in support of the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and the 31 Plaintiff's Motion to Supplement ECF. No. 29. It is further ORDERED that the motion hearing currently scheduled for June 20, 2024, is CONTINUED to June 28, 2024, at 10:00 a.m. The parties shall appear before the Court, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on April 29, 2024. (lcrbw2) (Entered: 04/29/2024)
2024-04-2938RESPONSE re 37 Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Supplement ECF. No. 29 re 29 MOTION LEROY ALFORD filed by LEROY ALFORD. (Attachments: # 1 Exhibit)(zdp) (Entered: 04/29/2024)
2024-05-0239RESPONSE re 29 MOTION LEROY ALFORD, 31 MOTION to Supplement ECF. No. 29 re 29 MOTION LEROY ALFORD , and ERRATA 32 filed by DENIS MCDOUNGH. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Certificate of Service)(Walker, Anna) (Entered: 05/02/2024)
2024-05-0940RESPONSE re 38 Response to motion and specifically Plaintiff's request for discovery filed by DENIS MCDOUNGH. (Attachments: # 1 Certificate of Service)(Walker, Anna) (Entered: 05/09/2024)
2024-05-1041MOTION for Extension of Time to File Response, MOTION for Leave to File Excess Pages by LEROY ALFORD. (zdp) Modified event on 5/17/2024 (znmw). (Entered: 05/10/2024)
2024-05-1542MOTION for Extension of Time re 40 Response by LEROY ALFORD. (zdp) Modified event and link on 5/22/2024 (znmw). (Entered: 05/17/2024)
2024-05-17MINUTE ORDER. Upon consideration of the 41 Plaintiff's Motion to Enlarge Time to File and Answer or Other Response to Defendant's Response Opposin[g] Plaintiff's Second Motion Suppl[]e[]ment t[h]e Complaint and Motion for Leave of Court to Exceed the Page Limit in P[l]aintiff's Response, it is hereby ORDERED that the 41 Plaintiff's Motion to Enlarge Time to File and Answer or Other Response to Defendant's Response Opposin[g] Plaintiff's Second Motion Suppl[]e[]ment t[h]e Complaint and Motion for Leave of Court to Exceed the Page Limit in P[l]aintiff's Response is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent it seeks an extension of time to file a reply in support of the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and the 31 Plaintiff's Motion to Supplement ECF. No. 29, and to the extent it seeks to exceed the 25-page limit for a reply brief. The motion is DENIED to the extent it seeks leave to file a reply brief not to exceed 50 pages. It is further ORDERED that, on or before May 24, 2024, the plaintiff shall file his reply in support of the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and the 31 Plaintiff's Motion to Supplement ECF. No. 29. It is further ORDERED that the plaintiff's reply brief shall not exceed 35 pages. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on May 17, 2024. (lcrbw2) (Entered: 05/17/2024)
2024-05-20MINUTE ORDER. Upon consideration of the 42 Plaintiff's Motion to Defendant's Opposition to Plaintiff's Request for Discovery, and for good cause shown, it is hereby ORDERED that the 42 Plaintiff's Motion to Defendant's Opposition to Plaintiff's Request for Discovery is GRANTED. It is further ORDERED that, on or before May 31, 2024, the plaintiff shall file his reply in support of his request for discovery. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on May 20, 2024. (lcrbw2) (Entered: 05/20/2024)
2024-05-2243MOTION for Extension of Time to File Response re 40 RESPONSE to motion and specifically Plaintiff's request for discovery by LEROY ALFORD. (zdp) (Entered: 05/23/2024)
2024-05-23MINUTE ORDER. Upon consideration of the 43 Plaintiff's Second Extension Motion to Defendant's Opposition to Plaintiff's Request for Discovery, it is hereby ORDERED that the 43 Plaintiff's Second Extension Motion to Defendant's Opposition to Plaintiff's Request for Discovery is DENIED AS MOOT, in light of the Court's May 20, 2024 Minute Order granting the plaintiff an extension of time until May 31, 2024, to file his reply in support of his request for discovery. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on May 23, 2024. (lcrbw2) (Entered: 05/23/2024)
2024-05-2844REPLY to opposition to motion re 31 MOTION to Supplement ECF. No. 29 re 29 MOTION LEROY ALFORD filed by LEROY ALFORD. (zdp) (Entered: 05/30/2024)
2024-05-3145NOTICE of Exhibit A Motion to Reinstate Discovery by LEROY ALFORD (zdp) (Entered: 06/03/2024)
2024-05-3146REPLY to opposition to motion re 31 MOTION to Supplement ECF. No. 29 re 29 MOTION LEROY ALFORD filed by LEROY ALFORD. (zdp) (Entered: 06/04/2024)
2024-06-27MINUTE ORDER. The Court requiring additional time to consider the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and the 31 Plaintiff's Motion to Supplement ECF No. 29, it is hereby ORDERED that the motion hearing currently scheduled for June 28, 2024, is CONTINUED to July 19, 2024, at 9:00 a.m. The parties shall appear before the Court, via teleconference, by calling 1 877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on June 27, 2024. (lcrbw2) (Entered: 06/27/2024)
2024-07-0347MOTION for Leave to File Sur-Reply Opposing Second Motion to Supplement (ECF No. 32) by DENIS MCDOUNGH. (Attachments: # 1 Ex. A Defendant's Sur-Reply, # 2 Text of Proposed Order, # 3 Certificate of Service)(Walker, Anna) (Entered: 07/03/2024)
2024-07-0849MOTION for Extension of Time to File Response/Reply as to 47 MOTION for Leave to File Sur-Reply Opposing Second Motion to Supplement (ECF No. 32) by LEROY ALFORD. (zdp) (Entered: 07/11/2024)
2024-07-0850ERRATA re 49 MOTION for Extension of Time to File Response/Reply as to 47 MOTION for Leave to File Sur-Reply Opposing Second Motion to Supplement (ECF No. 32) by LEROY ALFORD. (zdp) Modified docket text on 7/18/2024 (zdp). (Entered: 07/18/2024)
2024-07-0948NOTICE of Exhibit A-F re 47 Motion for Leave to File by LEROY ALFORD (zdp) Modified docket text on 7/10/2024 (zdp). (Entered: 07/09/2024)
2024-07-19Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 7/19/2024 re 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and 31 Plaintiff's Motion to Supplement ECF No. 29. Oral arguments heard. Motion Hearing set for 8/21/2024 at 10:00 AM in Courtroom 16- In Person before Judge Reggie B. Walton. (Court Reporter: Stacy Johns) (zalh) Modified on 7/22/2024 (zalh) (Entered: 07/19/2024)
2024-07-1951ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before July 31, 2024, the defendant shall provide to the plaintiff and the Court a copy of its June 2024 letter to the plaintiff referenced in the July 19, 2024 motion hearing and any other documents included as attachments to that letter if such documentation was attached. It is further ORDERED that, in the event that the plaintiff seeks to challenge the jurisdiction of the particular office that allegedly amended the August 25, 2023 rating decision, on or before July 26, 2024, the plaintiff shall file a supplemental brief explaining the rationale and legal authority for his position. It is further ORDERED that, on or before August 1, 2024, the defendant shall file a response to the plaintiff's supplemental brief. It is further ORDERED that, on or before August 7, 2024, the plaintiff shall file a reply in support of his supplemental brief. It is further ORDERED that, on August 21, 2024, at 10:00 a.m., the parties shall appear before the Court for a further motion hearing on the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and the 31 Plaintiff's Motion to Supplement ECF No. 29. The parties shall appear before the Court in Courtroom 16 on the 6th floor at the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on July 19, 2024. (lcrbw2) (Entered: 07/19/2024)
2024-07-1952NOTICE of Plaintiffs Exhibits for July 19th 2024 Hearing by LEROY ALFORD (Attachments: # 1 Exhibit)(zdp) (Entered: 07/19/2024)
2024-07-2654RESPONSE TO ORDER OF THE COURT re 51 Order, filed by LEROY ALFORD. (Attachments: # 1 Exhibit)(mg) (Entered: 08/01/2024)
2024-07-2656MOTION for Order Asserting Agency Jurisdiction by LEROY ALFORD. (Attachments: # 1 Exhibit)(zdp) (Entered: 08/02/2024)
2024-07-3153NOTICE of Filing June 25, 2024 Letter with Attachments and Souza Declaration by DENIS R. MCDONOUGH re 51 Order,,,,,,, Set Deadlines/Hearings,,,,,, (Attachments: # 1 Ex. 1 - June 25, 2024 Letter and Attachment, # 2 Natalie Souza Decl. with Exhibits, # 3 Certificate of Service)(Walker, Anna) (Entered: 07/31/2024)
2024-08-0155MOTION for Extension of Time to File Response/Reply to Plaintiff's Supplemental Br. (ECF No. 54) by DENIS R. MCDONOUGH. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Text of Proposed Order, # 5 Certificate of Service)(Walker, Anna) (Entered: 08/01/2024)
2024-08-02MINUTE ORDER. Upon consideration of the 55 Defendant's Motion to Extend Time to Respond to Plaintiff's Supplemental Brief, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before August 8, 2024, the defendant shall file his response to the 56 Plaintiff's Motion As[s]erting Agency of Jurisdiction (Baltimore Regional Office) Lacks Jurisdiction to Amend a Rating Decision[] on Appeal to the Board of Veterans' Appeals (Board). It is further ORDERED that, on or before August 14, 2024, the plaintiff shall file his reply in support of his supplemental brief. The Court requiring additional time to consider the pending motions in this case, it is further ordered that the motion hearing currently scheduled for August 21, 2024, is continued to September 4, 2024, at 10:00 a.m. The parties shall appear before the Court in Courtroom 16 on the 6th floor at the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on August 2, 2024. (lcrbw2) (Entered: 08/02/2024)
2024-08-05MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the motion hearing currently scheduled for September 4, 2024, is CONTINUED to September 13, 2024, at 11:00 a.m. The parties shall appear before the Court in Courtroom 16 on the 6th floor at the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on August 5, 2024. (lcrbw2) (Entered: 08/05/2024)
2024-08-0857RESPONSE re 56 MOTION for Order, 54 Response to Order of the Court filed by DENIS R. MCDONOUGH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 08/08/2024)
2024-08-0859RESPONSE re 53 Notice (Other), filed by LEROY ALFORD. (Attachments: # 1 Exhibit)(zdp) (Main Document 59 replaced on 8/14/2024 corrected case number on document) (zdp). (Entered: 08/13/2024)
2024-08-1258MOTION for Extension of Time to Respond to Defendant Supplemental by LEROY ALFORD. (zdp) (Entered: 08/12/2024)
2024-08-13MINUTE ORDER. Upon consideration of the 58 Plaintiff['s] Motion to Extend Time to Respond to Defendant's Supplemental Brief, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before August 19, 2024, the plaintiff shall file his reply in support of his supply brief, the 56 Plaintiff's Motion As[s]erting Agency of Jurisdiction (Baltimore Regional Office) Lacks Jurisdiction to Amend a Rating Decision[] on Appeal to the Board of Veterans' Appeals (Board). Signed by Judge Reggie B. Walton on August 13, 2024. (lcrbw2) (Entered: 08/13/2024)
2024-08-1360MOTION for Leave to File More Redacted Document (Ex. 1) and to place ECF No. 53-2 under seal by DENIS R. MCDONOUGH. (Attachments: # 1 Ex.1, # 2 Ex. 2, # 3 Text of Proposed Order, # 4 Certificate of Service)(Walker, Anna) (Entered: 08/13/2024)
2024-08-14MINUTE ORDER. Upon consideration of the 60 Defendant's Unopposed Motion to Seal, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Clerk of the Court shall file as sealed Declaration of Natalie Souza, ECF No. 60-1. It is further ORDERED that Docket Entry 53-2 be sealed. Signed by Judge Reggie B. Walton on August 14, 2024. (lcrbw2) (Entered: 08/14/2024)
2024-08-1461SEALED DECLARATION of Natalie Souza filed by DENIS R. MCDONOUGH. (This document is SEALED and only available to authorized persons.)(zdp) (Entered: 08/15/2024)
2024-08-1962TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on July 19, 2024. Page Numbers: 1-23. Date of Issuance: August 19, 2024. Court Reporter: Stacy Johns. Email address: Stacy_Johns@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/9/2024. Redacted Transcript Deadline set for 9/19/2024. Release of Transcript Restriction set for 11/17/2024.(Johns, Stacy) (Entered: 08/19/2024)
2024-08-22MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the motion hearing currently scheduled for September 13, 2024, is CONTINUED to September 23, 2024, at 2:00 p.m. The parties shall appear before the Court in Courtroom 16 on the 6th floor at the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on August 22, 2024. (lcrbw2) (Entered: 08/22/2024)
2024-09-1963MOTION for Extension of Time of Reasonable Accommodation for 9/23/2024 Hearing by LEROY ALFORD. (zdp) (Entered: 09/20/2024)
2024-09-23Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 9/23/2024 re 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request and 63 Plaintiff's Motion for Extension of Time and Reasonable Accommodation During the 23 September 2024 In-Person Hearing. Oral arguments heard. Plaintiff shall file a supplemental brief by 5:00 PM on 9/25/2024. Defendant shall file a response to the plaintiff's supplemental brief by close of business on 9/27/2024. The Court will issue a written order. (Court Reporter: Chandra Kean) (zalh) (Entered: 09/24/2024)
2024-09-2464ORDER. In accordance with the attached Order, it is hereby ORDERED that the 63 Plaintiff's Motion for Extension of Time and Reasonable Accommodation during the 23 September 2024 In-Person Hearing is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that it seeks that the plaintiff be permitted additional time, if needed, to respond to the Court's inquiries during the motion hearing scheduled for September 23, 2024. The motion is DENIED in all other respects. It is further ORDERED that, on or before September 25, 2024, the plaintiff shall file a supplemental brief detailing the agency regulations or rules that the plaintiff alleges the defendant was required to follow in responding to his Privacy Act request, but did not follow. The plaintiff shall file his supplemental brief with the Clerk of the Court and shall also transmit by electronic mail to defense counsel and the Court. It is further ORDERED that, on or before September 27, 2024, the defendant shall file its response to the plaintiff's supplemental brief. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on record. Signed by Judge Reggie B. Walton on September 24, 2024. (lcrbw2) (Entered: 09/24/2024)
2024-09-2565SUPPLEMENTAL MEMORANDUM to re 9/23/2024 Motion Hearing,, 64 9/24/2024Order on Motion for Extension of Time to, Set/Reset Deadlines,, (zdp) (Entered: 09/25/2024)
2024-09-2566SUPPLEMENTAL MEMORANDUM to re 65 Supplemental Memorandum filed by LEROY ALFORD. (zdp) (Entered: 09/27/2024)
2024-09-2767RESPONSE re 66 Supplemental Memorandum responding to 64 Order filed by DENIS R. MCDONOUGH. (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Certificate of Service)(Walker, Anna) (Entered: 09/27/2024)
2024-09-2768NOTICE of Plaintiff Emergency Room Visit by LEROY ALFORD (zdp) (Entered: 09/30/2024)
2024-09-2871SUPPLEMENTAL MEMORANDUM to re 66 Supplemental Memorandum filed by LEROY ALFORD. (zdp) (Entered: 10/01/2024)
2024-09-3069ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 29 Plaintiff's Motion to Address Unanswered 2023 Privacy Act Request is DENIED. It is further ORDERED that the 31 Plaintiff's Motion to Supplement ECF[] N[o.] 29 is GRANTED IN PART AND DENIED IN PART. The motion is granted to the extent that it seeks to supplement the plaintiff's second motion to supplement his Complaint. The motion is denied in all other respects. It is further ORDERED that the 47 Defendant's Sur-Reply Opposing Second Motion to Supplement is DENIED WITHOUT PREJUDICE as moot. It is further ORDERED that the 49 Plaintiff's Motion Requesting Extension of Time to Reply to Defendant's Motion ECF No. 47 and Inform the Court of New Evidence Received from [Antoine] Waller's Staff is DENIED WITHOUT PREJUDICE as moot. It is further ORDERED that the 56 Plaintiff's Motion As[s]erting Agency of Jurisdiction (Baltimore Regional Office) Lacks Jurisdiction to Amend a Ratings Decision on Appeal to the Board of Veterans' Appeals (Board) is DENIED WITHOUT PREJUDICE as moot. It is further ORDERED that the plaintiff's renewed request for discovery, see 38 Plaintiff's Response to Defendant's Unop[p]osed Motion to Extend Time to Respond to Plaintiff's Second Motion to Supplement the Complaint at 7, is DENIED WITHOUT PREJUDICE as premature. Signed by Judge Reggie B. Walton on September 30, 2024. (lcrbw2) (Entered: 09/30/2024)
2024-09-3070MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on September 30, 2024. (lcrbw2) (Entered: 09/30/2024)
2024-10-0172MOTION for Leave to File Supplemental to Complaint by LEROY ALFORD. (Attachments: # 1 Exhibit, # 2 Exhibit)(zdp) (Entered: 10/02/2024)
2024-10-1473MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Leave to File by DENIS R. MCDONOUGH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 10/14/2024)
2024-10-15MINUTE ORDER. Upon consideration of the 73 Defendant's Motion to Extend Time to Respond to Plaintiff's Third Motion to Supplement the Complaint, it is hereby ORDERED that the 73 Defendant's Motion to Extend Time to Respond to Plaintiff's Third Motion to Supplement the Complaint is GRANTED. It is further ORDERED that, on or before October 29, 2024, the defendant shall file his response to the 72 Plaintiff's Motion for Leave of Court to Supplement His Complaint. Signed by Judge Reggie B. Walton on October 15, 2024. (lcrbw2) (Entered: 10/15/2024)
2024-10-1874OPPOSITION re 73 MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Leave to File filed by LEROY ALFORD. (Attachments: # 1 Exhibit)(zdp) (Entered: 10/21/2024)
2024-10-2975RESPONSE re 72 MOTION for Leave to File "Supplemental to Complaint" filed by DENIS R. MCDONOUGH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 10/29/2024)
2024-11-0476MOTION for Extension of Time to File Response/Reply by LEROY ALFORD. (zdp) (Entered: 11/04/2024)
2024-11-05MINUTE ORDER. Upon consideration of the 76 Plaintiff's Motion for Extension of Time to Respond to Defendant's Response Opposing Plaintiff's Third Motion to Supplement, and for good cause shown, it is hereby ORDERED that the 76 Plaintiff's Motion for Extension of Time to Respond to Defendant's Response Opposing Plaintiff's Third Motion to Supplement is GRANTED. It is further ORDERED that, on or before November 11, 2024, the plaintiff shall file a reply in support of his third motion to supplement. Signed by Judge Reggie B. Walton on November 5, 2024. (lcrbw2) (Entered: 11/05/2024)
2024-11-1277REPLY to opposition to motion re 72 Motion for Leave to File filed by LEROY ALFORD. (Attachments: # 1 Exhibit)(zdp) (Entered: 11/15/2024)
2024-12-1578MOTION for Leave to File Supplement to Complaint by LEROY ALFORD. (# 1 Exhibit Supplement to Complaint) (zdp) (Entered: 12/16/2024)
2024-12-2279MOTION for Extension of Time to File Response/Reply as to 78 MOTION for Leave to File by DENIS MCDONOUGH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 12/22/2024)
2024-12-24MINUTE ORDER. Upon consideration of the 79 Defendant's Motion to Extend Time to Respond to Plaintiff's Fourth Motion to Supplement the Complaint, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before January 14, 2025, the defendant shall file his response to the 78 Plaintiff's Motion for Leave of Court to Supplement His Complaint. Signed by Judge Reggie B. Walton on December 24, 2024. (lcrbw2) (Entered: 12/24/2024)
2025-01-1480RESPONSE re 78 MOTION for Leave to File 4th Supplemental Complaint filed by DENIS MCDONOUGH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 01/14/2025)
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