Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that Exemption 5 (privileges) does not protect the principal investigator's name who conducted experiments on dogs at the Louis Stokes Cleveland Veterans Affairs Medical Center and that the Department of Veteran Affairs has not shown that Exemption 6 (invasion of privacy) applies to the investigator's name. In response to a request from White Coat Waste Project, a non-profit organization whose mission is to expose wasteful taxpayer-funded animal experiments, for records concerning the experiments, the agency eventually disclosed 217 pages of records but refused to disclose the identity of the principal investigator under both Exemption 5 and Exemption 6. Sullivan noted that "the factual material in this case is the principal investigator's name, and the VA has failed to show how the redacted name assisted the agency with the decision-making process." Sullivan added that "here, the principal investigator's name neither reflects an 'exercise of judgment as to what issues' should bear on the research, nor involves the selection of facts as part of the agency' deliberative process." Having found that Exemption 5 did not protect the investigator's name, Sullivan examined the applicability of Exemption 6. Here, he pointed out that "WCW's suggestion â€" that the principal investigator's name is not personal in nature â€" is unavailing." Instead, Sullivan found that the investigator's name could be considered a "similar" file for purposes of Exemption 6. However, Sullivan indicated that the agency had failed to show that the investigator would be subject to harassment if his or her name was disclosed. He noted that "the VA has failed to carry its burden of demonstrating a substantial privacy interest in the principal investigator's name." Sullivan concluded that the VA had articulated a possible privacy interest in the name and sent the case back for further briefing on that issue.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Personnel, medical, similar file, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2017-11-01	1	COMPLAINT against UNITED STATES DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 400 receipt number 0090-5184665) filed by WHITE COAT WASTE PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to U.S. Department of Veterans Affairs, # 3 Summons to U.S. Attorney General, # 4 Summons to U.S. Attorney's Office)(Strugar, Matthew) (Attachment 1 replaced on 11/8/2017) (znmw). (Entered: 11/01/2017)
2017-11-01	2	NOTICE OF RELATED CASE by WHITE COAT WASTE PROJECT. Case related to Case No. 17-cv-1155. (Strugar, Matthew). Modified to replace fillable related case form on 11/3/2017 (jd). (Entered: 11/01/2017)
2017-11-01		Case Assigned to Judge Emmet G. Sullivan. (jd) (Entered: 11/03/2017)
2017-11-03	3	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 11/03/17. (Attachment: # 1 Exhibit 1) (mac) (Entered: 11/03/2017)
2017-11-07	4	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)(jd) (Entered: 11/07/2017)
2017-11-07	5	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WHITE COAT WASTE PROJECT (Strugar, Matthew) (Main Document 5 replaced on 11/8/2017) (znmw). (Entered: 11/07/2017)
2017-11-20	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/20/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/20/2017. (Strugar, Matthew) (Entered: 11/20/2017)
2017-11-21	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS served on 11/14/2017. (See Docket Entry 6 to view document). (znmw) (Entered: 11/21/2017)
2017-12-21	8	Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 12/21/2017)
2018-01-04		MINUTE ORDER granting 8 defendant's consent motion for an extension of time. Defendant is directed to answer or otherwise respond to plaintiff's complaint by no later than January 23, 2018. Signed by Judge Emmet G. Sullivan on January 4, 2018. (lcegs2) (Entered: 01/04/2018)
2018-01-05		Set/Reset Deadlines: Defendant Answer Or Otherwise Response To Plaintiff's Complaint due by 1/23/2018. (mac) (Entered: 01/05/2018)
2018-01-22	9	Consent MOTION to Stay by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 01/22/2018)
2018-01-23		MINUTE ORDER denying 9 consent motion to stay as moot in light of the government's funding restoration. However, in view of the funding lapse and the plaintiff's consent to stay the case, the Court finds good cause to vacate the defendant's January 23, 2018 deadline to answer or otherwise respond to the plaintiff's complaint. The defendant is directed to consult with the plaintiff and propose a new deadline by January 26, 2018. Signed by Judge Emmet G. Sullivan on 1/23/2018. (lcegs3) (Entered: 01/23/2018)
2018-02-05	10	Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 02/05/2018)
2018-02-09		MINUTE ORDER granting 10 defendant's consent motion for extension of time to file answer or otherwise respond to plaintiff's complaint. It is therefore ordered that the defendant shall answer or otherwise respond to plaintiff's complaint by February 26, 2018. Signed by Judge Emmet G. Sullivan on 2/9/. (lcegs3) (Entered: 02/09/2018)
2018-02-12		Set/Reset Deadlines: Defendant Answer Or Otherwise Response To Plaintiff's Complaint due by 2/26/2018. (mac) (Entered: 02/12/2018)
2018-02-26	11	Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 02/26/2018)
2018-02-27		MINUTE ORDER granting 11 consent motion for extension of time to file defendant's response to plaintiff's complaint. It is therefore ordered that the defendant shall answer or otherwise respond to plaintiff's complaint by April 3, 2018. The defendant is admonished to request extensions of time at least three business days prior to the scheduled deadline. See 3 Standing Order, par. 11. Signed by Judge Emmet G. Sullivan on 2/27/2018. (lcegs3) (Entered: 02/27/2018)
2018-02-27		Set/Reset Deadlines: Defendant Answer Or Otherwise Response To Plaintiff's Complaint due by 4/3/2018. (mac) (Entered: 02/27/2018)
2018-04-03	12	Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 04/03/2018)
2018-04-04		MINUTE ORDER granting 12 defendant's motion to enlarge time to file defendant's answer. It is therefore ordered that the defendant shall answer, or otherwise respond, to the plaintiff's complaint by May 3, 2018.Signed by Judge Emmet G. Sullivan on 4/4/2018. (lcegs3) (Entered: 04/04/2018)
2018-04-04		Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Plaintiff's Complaint due by 5/3/2018, (mac) (Entered: 04/04/2018)
2018-05-03	13	ANSWER to Complaint by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.(Adebonojo, Kenneth) (Entered: 05/03/2018)
2018-06-12		MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than July 12, 2018. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 6/12/2018. (lcegs3) (Entered: 06/12/2018)
2018-06-13		Set/Reset Deadlines: Joint Proposed Scheduling Order due by 7/12/2018. (mac) (Entered: 06/13/2018)
2018-07-09	14	PROPOSED BRIEFING SCHEDULE by WHITE COAT WASTE PROJECT. (Strugar, Matthew) (Entered: 07/09/2018)
2018-07-10		MINUTE ORDER in view of 14 parties' proposed briefing schedule, the parties shall adhere to the following briefing schedule: (1) defendant's motion for summary judgment and Vaughn index shall be filed by September 14, 2018; (2) plaintiff's opposition and cross-motion for summary judgment shall be filed by October 12, 2018; (3) defendant's reply and opposition shall be filed by November 9, 2018; (4) plaintiff's reply shall be filed by November 26, 2018. Signed by Judge Emmet G. Sullivan on 7/10/2018. (lcegs3) (Entered: 07/10/2018)
2018-07-11		Set/Reset Deadlines: Defendant's Motion For Summary Judgment And Vaughn Index due by 9/14/2018. Plaintiff's Opposition And Cross-Motion For Summary Judgment due by 10/12/2018. Defendant's Reply And Opposition due by 11/9/2018. Plaintiff's Reply due by 11/26/2018. (mac) (Entered: 07/11/2018)
2018-09-17	15	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 09/17/2018)
2018-09-18		MINUTE ORDER granting 15 defendant's consent motion for extension of time to file defendant's motion for summary judgment. It is therefore ordered that (1) defendant's motion for summary judgment and Vaughn index shall be filed by October 15, 2018; (2) plaintiff's opposition and cross-motion for summary judgment shall be filed by November 15, 2018; (3) defendant's reply and opposition shall be filed by December 10, 2018; (4) plaintiff's reply shall be filed by December 26, 2018. Signed by Judge Emmet G. Sullivan on 9/18/2018. (lcegs3) (Entered: 09/18/2018)
2018-09-19		Set/Reset Deadlines: Defendant's Motion For Summary Judgment And Vaughn Index due by 10/15/2018. Plaintiff's Opposition And Cross-Motion For Summary Judgment due by 11/15/2018. Defendant's Reply And Opposition due by 12/10/2018. Plaintiff's Reply due by 12/26/2018. (mac) (Entered: 09/19/2018)
2018-10-12	16	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 10/12/2018)
2018-10-16		MINUTE ORDER treating as opposed and granting 16 defendant's motion for extension of time. The parties shall therefore adhere to the following briefing schedule: (1) Defendants motion for summary judgment and Vaughn index shall be filed by November 15, 2018; (2) Plaintiffs opposition and cross-motion for summary judgment shall be filed by December 15, 2018; (3) Defendants reply and opposition shall be filed by January 7, 2019; (4) Plaintiff's reply shall be filed by January 25, 2019. Signed by Judge Emmet G. Sullivan on 10/16/2018. (lcegs3) (Entered: 10/16/2018)
2018-10-17		Set/Reset Deadlines: Defendants Motion For Summary Judgment And Vaughn Index due by 11/15/2018. Plaintiffs Opposition And Cross-Motion For Summary Judgment due by 12/15/2018. Defendants Reply And Opposition due by 1/7/2019. Plaintiff's Reply due by 1/25/2019. (mac) (Entered: 10/17/2018)
2018-11-14	17	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 11/14/2018)
2018-11-15		MINUTE ORDER granting 17 defendant's consent motion for extension of time to file defendant's motion for summary judgment. The parties shall therefore adhere to the following, revised briefing schedule: (1) Defendants motion for summary judgment and Vaughn index is due by November 30, 2018; (2) Plaintiffs opposition and cross-motion for summary judgment is due by January 7, 2019; (3) Defendants reply and opposition is due by January 25, 2019; (4) Plaintiffs reply is due by February 15, 2019. Signed by Judge Emmet G. Sullivan on 11/15/2018. (lcegs3) (Entered: 11/15/2018)
2018-11-15		Set/Reset Deadlines: Defendants Motion For Summary Judgment And Vaughn Index due by 11/30/2018. Plaintiffs Opposition And Cross-Motion For Summary Judgment due by 1/7/2019. Defendants Reply And Opposition due by 1/25/2019. Plaintiffs Reply due by 2/15/2019. (mac) (Entered: 11/15/2018)
2018-11-30	18	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 11/30/2018)
2018-12-03	19	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 12/03/2018)
2018-12-03		MINUTE ORDER granting 19 defendant's consent motion for extension of time to file motion for summary judgment. The parties shall therefore adhere to the following briefing schedule: (1) Defendant's motion for summary judgment and Vaughn index shall be filed by December 7, 2018; (2) Plaintiff's opposition and cross-motion for summary judgment shall be filed by January 14, 2019; (3) Defendant's reply and opposition shall be filed by January 25, 2019; (4) Plaintiff's reply shall be filed by February 15, 2019. Signed by Judge Emmet G. Sullivan on 12/3/2018. (lcegs3) (Entered: 12/03/2018)
2018-12-04		Set/Reset Deadlines: Defendant's Motion For Summary Judgment And Vaughn Index due by 12/7/2018. Plaintiff's Opposition And Cross-Motion For Summary Judgment due by 1/14/2019. Defendant's Reply And Opposition due by 1/25/2019. Plaintiff's Reply due by 2/15/2019. (mac) (Entered: 12/04/2018)
2018-12-07	20	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit)(Adebonojo, Kenneth) (Entered: 12/07/2018)
2019-01-14	21	Cross MOTION for Summary Judgment by WHITE COAT WASTE PROJECT (Attachments: # 1 Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 2 Plaintiff's Counter-Statement of Material Fact, # 3 Declaration of Justin Goodman in Support of Plaintiff White Coat Waste Projects Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment, # 4 Declaration of Matthew Strugar in Support of Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment, # 5 Plaintiffs Evidentiary Objections to the Evidence Submitted in Support of Defendants Motion for Summary Judgment)(Strugar, Matthew) (Entered: 01/14/2019)
2019-01-14	22	Memorandum in opposition to re 20 MOTION for Summary Judgment filed by WHITE COAT WASTE PROJECT. (Attachments: # 1 Counter-Statement of Material Facts, # 2 Declaration of Justin Goodman in Support of Plaintiff's Cross-Motion for Summary Judgment and Opposiiton to Defendant's Motion for Summary Judgment, # 3 of Matthew Strugar in Support of Plaintiff's Cross-Motion for Summary Judgment and Opposiiton to Defendant's Motion for Summary Judgment, # 4 Plaintiffs Evidentiary Objections to the Evidence Submitted in Support of Defendants Motion for Summary Judgment)(Strugar, Matthew) (Entered: 01/14/2019)
2019-01-28	23	NOTICE of Non-Opposition by WHITE COAT WASTE PROJECT re 21 Cross MOTION for Summary Judgment (Strugar, Matthew) (Entered: 01/28/2019)
2019-01-31	24	MOTION for Extension of Time to File Defendant's Opposition/Reply to Plaintiff's Cross-Motion and in Further Support of Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 01/31/2019)
2019-01-31	25	Memorandum in opposition to re 24 MOTION for Extension of Time to File Defendant's Opposition/Reply to Plaintiff's Cross-Motion and in Further Support of Defendant's Motion for Summary Judgment filed by WHITE COAT WASTE PROJECT. (Attachments: # 1 Declaration in Support of Opposition to Motion for Enlargement of Time)(Strugar, Matthew) (Entered: 01/31/2019)
2019-02-01		NOTICE OF ERROR re 25 Memorandum in Opposition; emailed to matthew@matthewstrugar.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Leave to file not yet requested and/or granted, 2. Do Not Refile - when seeking leave, you must file the doc as an attachment (zjf, ) (Entered: 02/01/2019)
2019-02-01		MINUTE ORDER granting over objection 24 defendant's motion for extension of time to file defendant's opposition/reply to plaintiff's cross-motion and in further support of defendant's motion for summary judgment. Defendant shall file its opposition or reply by no later than February 7, 2019, and plaintiff shall file its responsive pleading by no later than February 28, 2019. Signed by Judge Emmet G. Sullivan on 2/1/2019. (lcegs3) (Entered: 02/01/2019)
2019-02-04		Set/Reset Deadlines: Defendant Opposition Or Reply due by 2/7/2019. Plaintiff Responsive Pleading due by 2/28/2019. (mac) (Entered: 02/04/2019)
2019-02-04		NOTICE OF ERROR re 25 Memorandum in Opposition; emailed to matthew@matthewstrugar.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please disregard earlier notice to refile... (zjf, ) (Entered: 02/04/2019)
2019-02-07	26	MOTION for Extension of Time to File Defendant's Opposition/Reply to Plaintiff's Cross Motion/Opposition to Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 02/07/2019)
2019-02-07		MINUTE ORDER granting over objection 26 defendant's motion for extension of time to file defendant's opposition/reply to plaintiff's cross motion/opposition to defendant's motion for summary judgment. Defendant shall file its opposition and reply by no later than February 8, 2019, and plaintiff shall file its responsive pleading by no later than February 28, 2019. Signed by Judge Emmet G. Sullivan on 2/7/2019. (lcegs3) (Entered: 02/07/2019)
2019-02-08		Set/Reset Deadlines: Defendant Opposition And Reply due by 2/8/2019. Plaintiff Responsive Pleading due by 2/28/2019. (mac) (Entered: 02/08/2019)
2019-02-08	27	REPLY to opposition re 21 20 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Adebonojo, Kenneth) . (Entered: 02/08/2019)
2019-02-11		NOTICE OF ERROR re 27 Reply to opposition to Motion; emailed to kenneth.adebonojo@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same pleading using the "OPPOSITION" event (zjf). (Entered: 02/11/2019)
2019-02-11	28	Memorandum in opposition to re 21 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Adebonojo, Kenneth) (Entered: 02/11/2019)
2019-02-20	29	REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by WHITE COAT WASTE PROJECT. (Strugar, Matthew) (Entered: 02/20/2019)
2019-08-29	30	ORDER granting in part and denying in part 20 Defendant's Motion for Summary Judgment; granting in part, denying in part, and holding in abeyance 21 Plaintiff's Cross-Motion for Summary Judgment. It is FURTHER ORDERED that Defendant shall submit supplemental declarations or affidavits consistent with the Memorandum Opinion by no later than September 30, 2019. It is FURTHER ORDERED that Plaintiff's request for in camera review and the production of the animal research protocol is DENIED WITHOUT PREJUDICE, and that the issue of whether the agency has "officially acknowledged" the principal investigator's name is DEFERRED until further Order of this Court. It is FURTHER ORDERED that the parties shall submit a joint status report with a recommendation for further proceedings by no later than October 28, 2019. Signed by Judge Emmet G. Sullivan on 8/29/2019. (lcegs3) (Entered: 08/29/2019)
2019-08-29	31	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 8/29/2019. (lcegs3) (Entered: 08/29/2019)
2019-08-30		Set/Reset Deadlines: Defendant Supplemental Declarations Or Affidavits due by 9/30/2019. Joint Status Report due by 10/28/2019. (mac) (Entered: 08/30/2019)
2019-09-30	32	MOTION for Extension of Time to File Defendant's Amended Declaration or Affidavit by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 09/30/2019)
2019-10-01	33	RESPONSE re 32 MOTION for Extension of Time to File Defendant's Amended Declaration or Affidavit filed by WHITE COAT WASTE PROJECT. (Attachments: # 1 Declaration of Matthew Strugar)(Strugar, Matthew) (Entered: 10/01/2019)
2019-10-01		MINUTE ORDER granting over objection 32 Defendant's Motion for Extension of Time to File Defendant's Amended Declaration or Affidavit. Defendant shall file its amended declaration or affidavit by no later than October 4, 2019. The parties shall submit a joint status report with a recommendation for further proceedings by no later than October 28, 2019. The Court will not extend these filing deadlines. Signed by Judge Emmet G. Sullivan on 10/1/2019. (lcegs3) (Entered: 10/01/2019)
2019-10-02		Set/Reset Deadlines: Defendant's Amended Declaration Or Affidavit due by 10/4/2019. Joint Status Report due by 10/28/2019. (mac) (Entered: 10/02/2019)
2019-10-04	34	NOTICE of Filing of Defendant's Amended Declaration by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS re 30 Order on Motion for Summary Judgment,,,,,,, (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 10/04/2019)
2019-10-28	35	Joint STATUS REPORT by WHITE COAT WASTE PROJECT. (Strugar, Matthew) (Entered: 10/28/2019)
2019-10-30		MINUTE ORDER. In view of the 35 Joint Status Report, the Court adopts the parties' proposal. Plaintiff shall submit any evidentiary objections to the 34 supplemental declaration of Michael Fallon and a supplemental brief in support of 21 Plaintiff's Cross-Motion for Summary Judgment, not to exceed five pages, addressing the supplemental declaration by no later than November 13, 2019. Defendant shall file any response to Plaintiff's evidentiary objections and any supplemental brief responding to Plaintiff's supplemental brief, not to exceed five pages, by no later than November 27, 2019. Signed by Judge Emmet G. Sullivan on 10/30/2019. (lcegs3) (Entered: 10/30/2019)
2019-10-30		Set/Reset Deadlines: Plaintiff To Submit Any Evidentiary Objections due by 11/13/2019. Defendant Response To Plaintiff's Supplemental Brief due by 11/27/2019 (mac) (Entered: 10/30/2019)
2019-11-13	36	SUPPLEMENTAL MEMORANDUM to re 21 Cross MOTION for Summary Judgment , 20 MOTION for Summary Judgment filed by WHITE COAT WASTE PROJECT. (Strugar, Matthew) (Entered: 11/13/2019)
2019-11-13	37	NOTICE of Evidentiary Objections to Defendant's Supplemental Evidence by WHITE COAT WASTE PROJECT re 34 Notice (Other) (Strugar, Matthew) (Entered: 11/13/2019)
2019-12-03	38	NOTICE of Non-Filing of Defendant's Supplemental Brief by WHITE COAT WASTE PROJECT re Order,, (Strugar, Matthew) (Entered: 12/03/2019)
2019-12-04	39	MOTION for Leave to File by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 12/04/2019)
2019-12-04	40	Memorandum in opposition to re 39 MOTION for Leave to File filed by WHITE COAT WASTE PROJECT. (Strugar, Matthew) (Entered: 12/04/2019)
2019-12-12		MINUTE ORDER denying 39 Defendant's Motion for Leave to File. On October 30, 2019, the Court adopted the parties' proposed schedule concerning Plaintiff's evidentiary objections to Defendant's supplemental declaration and the supplemental briefing as to the cross-motions for summary judgment. See Min. Order of Oct. 30, 2019. Defendant did not timely file a supplemental brief in support of its motion for summary judgment and in opposition to Plaintiff's cross-motion for summary judgment. Defendant has failed to establish good cause or excusable neglect for its late-filed response to Plaintiff's supplemental brief. See Fed. R. Civ. P. 6(b). It is FURTHER ORDERED that Defendant shall file ex parte and under seal the research protocol that identifies the name of the principal investigator at issue for the Court's in camera review by no later than December 19, 2019. See Quinon v. FBI, 86 F.3d 1222, 1227 (D.C. Cir. 1996) (courts have broad discretion to conduct an in camera review of withheld documents). The Court will not extend this filing deadline. Signed by Judge Emmet G. Sullivan on 12/12/2019. (lcegs3) (Entered: 12/12/2019)
2019-12-19	41	WITHDRAWN PURSUANT TO 43 NOTICE OF WITHDRAWAL.....NOTICE of Filing of Document Under Seal for Ex Parte Review by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS re Order on Motion for Leave to File (Adebonojo, Kenneth) Modified on 12/20/2019 (jf). (Entered: 12/19/2019)
2019-12-20	42	SEALED DOCUMENT filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS re Order on Motion for Leave to File,,,, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Supplement)(Adebonojo, Kenneth) (Entered: 12/20/2019)
2019-12-20	43	NOTICE of Withdraw of Notice of Submission of Documents for Ex Parte Review Under Seal, ECF No. 41 by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS re 41 Notice (Other) (Adebonojo, Kenneth) (Entered: 12/20/2019)
2020-02-06	44	ORDER granting in part and denying in part 20 Defendant's Motion for Summary Judgment; granting in part and denying in part 21 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 2/6/2020. (lcegs3) (Entered: 02/06/2020)
2020-02-19	45	MOTION for Attorney Fees by WHITE COAT WASTE PROJECT (Attachments: # 1 Memorandum in Support, # 2 Declaration of Matthew Strugar in Support of Plaintiff's Motion for Attorney's Fees and Costs, # 3 Text of Proposed Order)(Strugar, Matthew) (Entered: 02/19/2020)
2020-03-03	46	MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (Adebonojo, Kenneth) (Entered: 03/03/2020)
2020-03-04		MINUTE ORDER granting in part and denying in part 46 Defendant's Motion for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Attorney's Fees. Defendant shall file its opposition brief by no later than March 11, 2020. The Court will not extend this filing deadline. Defendant shall comply with this Court's Orders for all future filings. See, e.g., Standing Order, ECF No. 3 at 8; Min. Order of Feb. 27, 2018 ("The defendant is admonished to request extensions of time at least three business days prior to the scheduled deadline."). Signed by Judge Emmet G. Sullivan on 3/4/2020. (lcegs3) (Entered: 03/04/2020)
2020-03-04		Set/Reset Deadlines: Defendant Opposition Brief due by 3/11/2020 (mac) (Entered: 03/04/2020)
2020-03-11	47	Memorandum in opposition to re 45 MOTION for Attorney Fees filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. (Adebonojo, Kenneth) (Entered: 03/11/2020)
2020-03-18	48	REPLY to opposition to motion re 45 MOTION for Attorney Fees filed by WHITE COAT WASTE PROJECT. (Attachments: # 1 Declaration of Matthew Strugar in Support of Reply Brief on Motion for Attorney's Fees and Costs, # 2 Text of Proposed Order)(Strugar, Matthew) (Entered: 03/18/2020)
2020-04-09		MINUTE ORDER. In view of Plaintiff's revised timesheet, Plaintiff's revised proposed order, and the Stipulation of Dismissal and Settlement filed in White Coat Waste Project v. United States Department of Veterans Affairs , Civil Action No. 17-1155, ECF No. 26, the parties shall meet and confer in good faith, and file a joint status report by no later than May 1, 2020, informing the Court whether further litigation is necessary. If the parties agree to resolve this matter, the parties shall file an appropriate stipulation. Signed by Judge Emmet G. Sullivan on 4/9/2020. (lcegs3) (Entered: 04/09/2020)
2020-04-09		Set/Reset Deadlines: Joint Status Report due by 5/1/2020. (mac) (Entered: 04/09/2020)
2020-04-27	49	MOTION to Enforce This Court's Final Order of February 6, 2020 by WHITE COAT WASTE PROJECT (Attachments: # 1 Declaration of Matthew Strugar, # 2 Text of Proposed Order)(Strugar, Matthew) (Entered: 04/27/2020)
2020-05-01	50	STIPULATION of Dismissal by WHITE COAT WASTE PROJECT. (Strugar, Matthew) (Entered: 05/01/2020)
2020-05-04		MINUTE ORDER. In view of 50 Stipulation of Dismissal, this action is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Court will retain jurisdiction over this case for the sole purpose of enforcing the terms and conditions set forth in the Settlement Agreement. The Clerk of Court is directed to close this case. Signed by Judge Emmet G. Sullivan on 5/4/2020. (lcegs3) (Entered: 05/04/2020)
2020-05-04		MINUTE ORDER finding as moot 45 Plaintiff's Motion for Attorney Fees; finding as moot 49 Plaintiff's Motion to Enforce This Court's Final Order of February 6, 2020. Signed by Judge Emmet G. Sullivan on 5/4/2020. (lcegs3) (Entered: 05/04/2020)
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