Case Detail

FOIA Project Annotation: Judge Paul Friedman has granted CREW further discovery in a case the organization brought against the Department of Veterans Affairs for emails pertaining to a March 2008 email sent by Dr. Norma Perez, who was then a psychologist and coordinator of the clinical post traumatic stress disorder team at the VA medical center in Temple, Texas, that seemed to suggest that diagnoses of PTSD should be curtailed because of the cost. After CREW filed suit, a declaration filed by VA FOIA Service Director John Livornese explained that the agency could not search for emails prior to December 2008 because back-up tapes were recycled and overwritten. CREW indicated it was concerned that records had been destroyed and moved to depose Livornese. The agency resisted the motion for discovery and said it would submit a further affidavit by Livornese and an IT specialist to explain the limitations of the electronic search. Instead, Friedman ordered Livornese's deposition, which took place on July 23, 2010. Although Livornese and an IT specialist signed further affidavits in March, Livornese's affidavit was not provided to CREW until his deposition in July and the IT specialist's affidavit was not provided to CREW until the agency filed a renewed motion for summary judgment in August 2010. The IT specialist's affidavit contradicted what Livornese had said twice before under oath�"that Dec. 9, 2008 was the oldest date of available emails�"indicating instead that the Dec. 9 tape was the oldest monthly recovery tape available at the time of the electronic search and might include emails for earlier dates. In further affidavits, the IT specialist admitted the agency had no backup tapes for 2008 until the December tape. CREW argued the agency had improperly destroyed records and asked Friedman to order the agency to obey its obligations to retain responsive materials, to order the deposition of the IT specialist as well as Dr. Perez and others who had received her email, and to order the agency to reconstruct the records. Friedman noted that "the Court is not yet ready to conclude that the myriad declarations, the way they evolved and changed, and the timing of their disclosure means that the VA improperly destroyed responsive records. Nor is the Court ready to order at this time the VA to attempt to reconstruct any of its records, since such an order must be based on a finding of improper document destruction." But he concluded that the agency, for purposes of litigation strategy, had been less than forthcoming. He noted that "these litigation tactics�"which at the very least contradict the fundamental purpose of the FOIA�"rendered Mr. Livornese's deposition at best incomplete, and perhaps useless. The Court therefore agrees with CREW that it should be permitted to take additional discovery for the purpose of determining whether the explanation for the current state of affairs is document destruction, incompetence, or something in between."
Issues: Litigation - Discovery

FOIA Project Annotation: Judge Paul Friedman ruled that although the Department of Veterans Affairs ultimately conducted an adequate search for records pertaining to guidance for the treatment of PTSD, its conduct during the litigation brought by CREW was egregious enough to for Friedman to consider sanctioning the agency's behavior by making it pay CREW's attorney's fees for the additional time and effort CREW was required to expend due to the agency's tactics. After a May 2008 email written by Dr. Norma Perez, a psychologist and coordinator of the post-traumatic stress disorder clinical team at the VA medical center in Temple, Texas, was leaked, widely interpreted as suggesting the VA should refrain from giving PTSD diagnoses to cut costs, CREW requested records concerning the agency's guidance on PTSD diagnoses. The agency rejected the request as too broad and burdensome. After CREW filed suit, the VA told the court that it was unable to search its email files created before December 2008. CREW interpreted this admission as indicating the agency had improperly destroyed records after its request was made. The VA then found and released a copy of Perez's email. CREW sought to depose VA FOIA Officer John Livornese concerning the possible destruction of records. Friedman granted limited discovery and CREW deposed Livornese. The VA then filed a renewed motion for summary judgment and for the first time revealed the existence of another declaration by an IT specialist and put into question the accuracy of Livornese's declaration. Friedman permitted CREW to depose the IT specialist and re-depose Livornese. The agency once again filed for summary judgment and Friedman concluded that the agency had finally provided a sufficient explanation of its search. Noting that the agency had now conducted an extensive search, Friedman pointed out that "the VA has sufficiently demonstrated that monthly backup tapes were not created between August 2007 and October 2008 due to an unrelated litigation hold and that pre-December 2008 daily backup tapes were rendered 'unreadable' in October 2008 due to a software reset when the hold ended. Searching additional backup tapes is particularly unnecessary here because the VA included its earliest available backup tape, from December 2008, in its search, already surpassing the requirements imposed by some other courts." But Friedman scolding the agency for its litigation tactics, noting that he was "deeply troubled by the VA's litigation conduct in the case: inaccurate declarations were left uncorrected for months despite the fact that already-executed declarations to the contrary existed but were withheld, apparently as a litigation tactic. Nothing stated in defendant's motion for reconsideration or other filings has done anything to mitigate that concern." He ordered the agency to show why it should not be sanctioned by having to pay CREW for the additional time and effort it spent because of the agency's tactics.
Issues: Litigation - Sanctions, Litigation - Discovery

FOIA Project Annotation: Judge Paul Friedman has ruled that while an Assistant U.S. Attorney and a counsel for the Department of Veterans Affairs should not be sanctioned for failing to provide CREW with two affidavits of VA employees until four months after CREW had deposed one of the employees as a result of Friedman's concerns about the agency's behavior, the agency is required to pay CREW's attorney fees and costs. After receiving explanations from the AUSA and the VA attorney, Friedman found that their behavior had not been meant to obstruct the litigation. Friedman observed that "the Court finds that the delay in providing the [two affidavits] were not a litigation tactic designed for purposes of delay or worse. Nevertheless, once the Court had ordered that the deposition of [one of the VA employees] proceed on July 16, 2010, over the government's objection, the wiser course would have been to provide counsel for CREW with [the earlier affidavits] before that deposition took place. On the basis of the facts and the case law, however, the Court cannot conclude that [the AUSA] acted in bad faith or even recklessly in the decisions she made with respect to those disclosures. Accordingly, there is no basis to require her personally to pay attorneys' fees and costs as a sanction." Indicating he was troubled by the effects of the government's litigation tactics, Friedman pointed out that the government's behavior reflected "a misguided litigation strategyâ€"not one designed to delay or impede the proceedings or to conceal relevant facts, or executed in bad faithâ€"but a strategy so focused on preparing and then filing a new motion for summary judgment with supporting and (finally) completely accurate declarations, that the importance to CREW of the deposition was put to one side, perhaps viewed by the government as a mere distraction from its ongoing internal efforts, designed finally to set the record straight later." He indicated that "unfortunately, the unintended effect of the VA's decisions was the multiplication of briefings and depositions. For this, CREW is entitled to attorneys' fees, costs, and expenses, but no to sanctions."
Issues: Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding

Date Filed	Doc #	Docket Text
2008-08-27	1	COMPLAINT against U.S. DEPARTMENT OF VETERANS AFFAIRS ( Filing fee $ 350, receipt number 4616014645) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(td, ) (Entered: 08/28/2008)
2008-08-27		SUMMONS (3) Issued as to U.S. DEPARTMENT OF VETERANS AFFAIRS, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 08/28/2008)
2008-08-27	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON identifying Corporate Parent NONE for CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (td, ) (Entered: 08/28/2008)
2008-08-29	3	NOTICE of Appearance by Daniel S Alcorn on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Alcorn, Daniel) (Entered: 08/29/2008)
2008-09-17	4	MOTION for Partial Summary Judgment to Award a Fee Waiver by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Declaration Attachment A- Weismann Declaration, # 2 Text of Proposed Order Proposed Order- fee waiver)(Alcorn, Daniel) (Entered: 09/17/2008)
2008-09-26	5	NOTICE of Appearance by Robin Michelle Meriweather on behalf of U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 09/26/2008)
2008-09-26	6	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 09/26/2008)
2008-10-01	7	Memorandum in opposition to re 4 MOTION for Partial Summary Judgment to Award a Fee Waiver filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Meriweather, Robin) (Entered: 10/01/2008)
2008-10-01	8	MOTION to Dismiss for Lack of Jurisdiction by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit 1)(Meriweather, Robin) (Entered: 10/01/2008)
2008-10-02		MINUTE ORDER granting 6 defendant's motion for extension of time up to and including October 13, 2008 to answer. Signed by Judge Paul L. Friedman on October 1, 2008. (MA) (Entered: 10/02/2008)
2008-10-02		Set/Reset Deadlines: Answer due by 10/13/2008. (mm) (Entered: 10/03/2008)
2008-10-08	9	Memorandum in opposition to re 8 MOTION to Dismiss for Lack of Jurisdiction and Reply in Support of CREW's Motion for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Alcorn, Daniel) (Entered: 10/08/2008)
2008-10-09		NOTICE OF ERROR re 9 Memorandum in Opposition; emailed to dalcorn@erols.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please also file as a Reply to Opposition to Motion (nmw, ) (Entered: 10/09/2008)
2008-10-09	10	REPLY to opposition to motion re 4 MOTION for Partial Summary Judgment to Award a Fee Waiver filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Alcorn, Daniel) (Entered: 10/09/2008)
2008-10-14	11	ANSWER to 1 Complaint by U.S. DEPARTMENT OF VETERANS AFFAIRS. Related document: 1 Complaint filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON.(Meriweather, Robin) (Entered: 10/14/2008)
2009-06-09	12	MINUTE ORDER denying as moot 4 plaintiff's motion for Partial Summary Judgment; granting as unopposed 8 defendant's Motion to Dismiss in part. S Signed by Judge Paul L. Friedman on June 9, 2009. (MA) (Entered: 06/09/2009)
2009-06-09		Set/Reset Deadlines: Joint Report due by 6/22/2009. (mm) (Entered: 06/10/2009)
2009-06-22	13	STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, U.S. DEPARTMENT OF VETERANS AFFAIRS. (Meriweather, Robin) (Entered: 06/22/2009)
2009-06-24	14	ORDER: The following schedule shall govern the parties' submission of dispositive motions: Defendant's Motion for Summary Judgment is due 9/2/2009; Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be due 10/2/2009; Defendant's Reply in Support of Motion for Summary Judgment and its Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be due 10/23/2009. Signed by Judge Paul L. Friedman on 6/23/2009. (mm) (Entered: 06/24/2009)
2009-09-01	15	Consent MOTION for Extension of Time to File Dispositive Motions by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 09/01/2009)
2009-09-02		MINUTE ORDER granting defendant's consent motion for extension of time 15 . Defendant's motion for summary judgment is now due on or before September 23, 2009; plaintiff's opposition and cross-motion is due on or before October 23, 2009; and defendant's reply and opposition to cross-motion is due on or before November 3, 2009. Signed by Judge Paul L. Friedman on 9/2/09. (lcplf1). (Entered: 09/02/2009)
2009-09-02		Set/Reset Deadlines: Defendant's motion for summary judgment due 9/23/2009; Plaintiff's response and cross-motion due 10/23/2009; Defendant's reply and response to cross-motion due 11/3/2009. (zmm, ) (Entered: 09/02/2009)
2009-09-23	16	WITHDRAWN PURSUANT TO NOTICE FILED 5/27/10 MOTION for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Meriweather, Robin) Modified on 5/28/2010 (td, ). (Entered: 09/23/2009)
2009-09-23	17	MOTION to Dismiss In Part by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Meriweather, Robin) (Entered: 09/23/2009)
2009-10-23	18	Memorandum in opposition to re 16 MOTION for Summary Judgment, 17 MOTION to Dismiss In Part filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1- Declaration of James J. Duane IV, # 2 Exhibit 2- Perez e-mail, # 3 Text of Proposed Order)(Alcorn, Daniel) (Entered: 10/23/2009)
2009-10-30	19	Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment, 17 MOTION to Dismiss In Part by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 10/30/2009)
2009-11-04	20	ORDER granting 19 Defendant's Motion for Extension of Time to File Reply in Support of 16 Motion for Summary Judgment. Ordered that Defendant's Reply in Support of Motion for Summary Judgment and its Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be due 11/10/2009. Signed by Judge Paul L. Friedman on 11/4/2009. (mm) (Entered: 11/04/2009)
2009-11-04		Set/Reset Deadlines: Response to Plaintiff's Cross Motion for Summary Judgment due by 11/10/2009. (zmm, ) (Entered: 11/04/2009)
2009-11-10	21	REPLY to opposition to motion re 16 MOTION for Summary Judgment, 17 MOTION to Dismiss In Part filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit s 1-5)(Meriweather, Robin) (Entered: 11/10/2009)
2009-11-16	22	NOTICE of Change of Address by Daniel S Alcorn (Alcorn, Daniel) (Entered: 11/16/2009)
2010-02-01	23	SUPPLEMENTAL MEMORANDUM to 16 CREW'S OPPOSITION TO VA'S MOTION FOR SUMMARY JUDGMENT filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1)(Alcorn, Daniel) Modified to add link on 2/2/2010 (znmw, ). (Entered: 02/01/2010)
2010-03-26	24	NOTICE of Supplemental Release by U.S. DEPARTMENT OF VETERANS AFFAIRS re 16 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Meriweather, Robin) (Entered: 03/26/2010)
2010-03-26	25	Consent MOTION for Leave to File Supplemental Statement of Material Facts by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Meriweather, Robin) (Entered: 03/26/2010)
2010-04-01		MINUTE ORDER: Defendant's motion for leave to file a supplement to statement of facts 24 , which plaintiff does not oppose, is hereby GRANTED. Signed by Judge Paul L. Friedman on 4/1/10. (lcplf1). (Entered: 04/01/2010)
2010-04-01	27	SUPPLEMENTAL MEMORANDUM statement of material of facts to re 16 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (td, ) (Entered: 04/14/2010)
2010-04-12	26	Consent MOTION for Leave to File Response to VA's Supplement to Statement of Facts by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit 1- CREW Response to VA's Supplement to Statement of Facts, # 2 Text of Proposed Order)(Alcorn, Daniel) (Entered: 04/12/2010)
2010-04-13		MINUTE ORDER granting 26 plaintiff's consent motion for leave to file response to defendant's supplement to statement of facts; the clerk is directed to file it on the docket. Signed by Judge Paul L. Friedman on April 13, 2010.(MA) (Entered: 04/13/2010)
2010-04-13	28	RESPONSE re 27 Supplemental Memorandum filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (td, ) (Entered: 04/14/2010)
2010-04-15	29	Consent MOTION for Leave to File Second Supplemental Memorandum in Opposition to VA's Motion for Summary Judgment and in Support of CREW's Request for Discovery by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Supplement Second Supplemental Memorandum in Opposition to VA's Motion for Summary Judgment and in Support of CREW's Request for Discovery, # 2 Exhibit Exhibit 1 to Second Supplemental Memorandum- Letter of Timothy H. Graham, # 3 Text of Proposed Order)(Alcorn, Daniel) (Entered: 04/15/2010)
2010-04-16		MINUTE ORDER granting 29 plaintiff's consent Motion for Leave to File second supplemental memorandum in opposition to defendant VA's motion for summary judgment and in support of CREW's request for discovery. Signed by Judge Paul L. Friedman on April 16, 2010. (MA) (Entered: 04/16/2010)
2010-04-16	30	NOTICE Of Supplemental Release by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit 1)(Meriweather, Robin) (Entered: 04/16/2010)
2010-04-16	31	SUPPLEMENTAL MEMORANDUM in opposition to re 16 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit)(td, ) (Entered: 04/19/2010)
2010-05-27	32	NOTICE OF WITHDRAWAL OF MOTION by U.S. DEPARTMENT OF VETERANS AFFAIRS re 16 MOTION for Summary Judgment (Meriweather, Robin) (Entered: 05/27/2010)
2010-07-01	33	MOTION Entry Of Briefing Schedule, MOTION for Protective Order by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 07/01/2010)
2010-07-06	34	Memorandum in opposition to re 33 MOTION Entry Of Briefing Schedule MOTION for Protective Order filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Alcorn, Daniel) (Entered: 07/06/2010)
2010-07-14	35	MEMORANDUM OPINION AND ORDER denying 33 defendant's Motion for Protective Order; the deposition of Mr. Livornese shall take place as noticed on July 16, 2010; defendant's renewed motion for summary judgment is due on or before August 9, 2010; plaintiff's opposition is due on or before August 30, 2010; and defendant's reply is due on or before September 13, 2010. Signed by Judge Paul L. Friedman on July 14, 2010. (MA) (Entered: 07/14/2010)
2010-07-14		Set/Reset Deadlines: Defendant's renewed motion for summary judgment due by 8/9/2010. Response due by 8/30/2010. Reply due by 9/13/2010. (zmm, ) (Entered: 07/15/2010)
2010-08-03	36	Renewed MOTION for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit 1, # 2 Declaration (Graham), # 3 Declaration (OIT/FOIA Service), # 4 Declaration (Nachmann), # 5 Declaration (Black), # 6 Declaration (Peak), # 7 Declaration (Greenberg), # 8 Declaration (Landes), # 9 Declaration (Smith), # 10 Declaration (Spence), # 11 Livornese Deposition, # 12 Index of Exhibits)(Meriweather, Robin) Modified text to read "Renewed" on 8/4/2010 (td, ). (Entered: 08/03/2010)
2010-08-30	37	Memorandum in opposition to re 36 MOTION for Summary Judgment together with Statement of Material Facts filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1 - Deposition of John Livornese, # 2 Exhibit 2 - Best Practice Manual, # 3 Text of Proposed Order)(Alcorn, Daniel) (Entered: 08/30/2010)
2010-09-09	38	MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 09/09/2010)
2010-09-10		MINUTE ORDER: Defendant's unopposed motion for extension of time to file reply 38 is hereby GRANTED. Defendant shall file its reply in support of its renewed motion for summary judgment on or before September 28, 2010. Signed by Judge Paul L. Friedman on September 10, 2010. (MA) (Entered: 09/10/2010)
2010-09-10		Set/Reset Deadlines: Defendant's Reply in support due by 9/28/2010. (tr) (Entered: 09/10/2010)
2010-09-27	39	MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 09/27/2010)
2010-09-28		MINUTE ORDER granting 39 defendant's Motion for Extension of Time up to and including October 1, 2010 to file its reply in support of renewed motion for summary judgment and its opposition to plaintiff's cross-motion for summary judgment. Signed by Judge Paul L. Friedman on September 28, 2010. (MA) (Entered: 09/28/2010)
2010-09-28		Set/Reset Deadlines: Defendant Reply in support of renewed motion for summary judgment and its opposition to plaintiff's cross-motion for summary judgment. due by 10/1/2010. (tr) (Entered: 09/29/2010)
2010-10-01	40	REPLY to opposition to motion re 36 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration (Graham), # 4 Declaration (Greenberg), # 5 Declaration (Klavohn), # 6 Declaration (Landes), # 7 Declaration (Livornese), # 8 Declaration (Perez))(Meriweather, Robin) (Entered: 10/01/2010)
2010-10-08	41	MOTION for Leave to File Surreply by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit 1 - Surreply, # 2 Text of Proposed Order)(Alcorn, Daniel) (Entered: 10/08/2010)
2010-10-22	42	Memorandum in opposition to re 41 MOTION for Leave to File Surreply filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Meriweather, Robin) (Entered: 10/22/2010)
2010-10-25	43	REPLY to opposition to motion re 41 MOTION for Leave to File Surreply filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Alcorn, Daniel) (Entered: 10/25/2010)
2010-10-26	44	(Corrected) REPLY to opposition to motion re 41 MOTION for Leave to File Surreply CORRECTED REPLY filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Alcorn, Daniel) Modified text to add "Corrected" on 10/26/2010 (td, ). (Entered: 10/26/2010)
2011-03-04		MINUTE ORDER: It is hereby ordered that plaintiff's motion 41 for leave to file a surreply to defendant's reply in support of its renewed motion for summary judgment is granted. It is further ordered that defendant shall be permitted to file a response not to exceed fifteen pages to plaintiff's surreply. Defendant's response, if any, shall be filed by March 21, 2011. Signed by Judge Paul L. Friedman on March 4, 2011. (MA) (Entered: 03/04/2011)
2011-03-04	45	SURREPLY to re 36 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (td, ) (Entered: 03/07/2011)
2011-03-04		Set/Reset Deadlines: Response to surreply due by 3/21/2011. (zmm, ) (Entered: 03/07/2011)
2011-03-17	46	MOTION for Extension of Time to File Response/Reply to Surreply by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 03/17/2011)
2011-03-28		MINUTE ORDER: Defendant's motion for extension of time to file a response to plaintiff's surreply 46 is hereby granted. Defendant shall file its response by April 4, 2011. Signed by Judge Paul L. Friedman on March 28, 2011.(MA) (Entered: 03/28/2011)
2011-03-28		Set/Reset Deadlines: Response to plaintiff's surreply due by 4/4/2011. (zmm, ) (Entered: 03/29/2011)
2011-04-01	47	MOTION for Extension of Time to File Response/Reply to Surreply by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 04/01/2011)
2011-04-04	48	Memorandum in opposition to re 47 MOTION for Extension of Time to File Response/Reply to Surreply filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Alcorn, Daniel) (Entered: 04/04/2011)
2011-04-05		MINUTE ORDER: Defendant's motion for extension of time to file a response to plaintiff's surreply 47 is hereby granted. Defendant shall file its response by April 8, 2011. Signed by Judge Paul L. Friedman on April 5, 2011.(MA) (Entered: 04/05/2011)
2011-04-05		Set/Reset Deadlines: Response to plaintiff's surreply due by 4/8/2011. (zmm, ) (Entered: 04/06/2011)
2011-04-08	49	RESPONSE re 45 Surreply filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit 1 (Senate Testimony), # 2 Declaration of Timothy Graham, # 3 Declaration of Cathy Nachmann, # 4 Declaration of Norma Perez, # 5 Declaration of Sherry Spence)(Meriweather, Robin) (Entered: 04/08/2011)
2011-04-11	50	NOTICE of supplemental release by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 04/11/2011)
2011-04-12	51	RESPONSE re 50 Notice (Other) of Supplemental Release filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1- April 8, 2011 Release)(Alcorn, Daniel) (Entered: 04/12/2011)
2011-07-05	52	NOTICE OF WITHDRAWAL OF CITED AUTHORITY by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Alcorn, Daniel) (Entered: 07/05/2011)
2011-09-28		MINUTE ORDER: It is hereby ordered that the defendant's renewed motion 36 for summary judgment is denied without prejudice. It is further ordered that plaintiff's request for discovery is granted in part. An opinion setting forth the scope of permissible discovery and explaining the reasoning underlying this Order will follow in due course. Signed by Judge Paul L. Friedman on September 28, 2011. (MA) (Entered: 09/28/2011)
2011-12-15	53	ORDER denying without prejudice 36 defendant's renewed motion for summary judgment and granting in part the plaintiff's request for discovery. Signed by Judge Paul L. Friedman on December 15, 2011. (lcplf1) (Entered: 12/15/2011)
2011-12-15	54	OPINION denying without prejudice 36 the defendant's renewed motion for summary judgment and granting in part the plaintiff's request for discovery. Signed by Judge Paul L. Friedman on December 15, 2011. (lcplf1) (Entered: 12/15/2011)
2012-01-06	55	MOTION for Reconsideration re 53 Order and re 54 Memorandum Opinion by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit s 1-8)(Meriweather, Robin) (Entered: 01/06/2012)
2012-01-11	56	NOTICE Of Rule 7(m) Consultation by U.S. DEPARTMENT OF VETERANS AFFAIRS re 55 MOTION for Reconsideration re 53 Order and re 54 Memorandum Opinion (Meriweather, Robin) (Entered: 01/11/2012)
2012-01-17	57	Memorandum in opposition to re 55 MOTION for Reconsideration re 53 Order and re 54 Memorandum Opinion filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Alcorn, Daniel) (Entered: 01/17/2012)
2012-01-25	58	REPLY to opposition to motion re 55 MOTION for Reconsideration re 53 Order and re 54 Memorandum Opinion filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Meriweather, Robin) (Entered: 01/25/2012)
2012-01-31	59	NOTICE JOINT NOTICE OF STATUS OF DEPOSITIONS by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Alcorn, Daniel) (Entered: 01/31/2012)
2012-03-02	60	Unopposed MOTION for Protective Order by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Text of Proposed Order)(Meriweather, Robin) (Entered: 03/02/2012)
2012-03-06	61	ERRATA by U.S. DEPARTMENT OF VETERANS AFFAIRS 60 Unopposed MOTION for Protective Order filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Text of Proposed Order (Corrected))(Meriweather, Robin) (Entered: 03/06/2012)
2012-03-06	62	PROTECTIVE ORDER Signed by Judge Paul L. Friedman on 3/6/2012. (zmm, ) (Entered: 03/06/2012)
2012-03-16	63	Joint MOTION for Briefing Schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 03/16/2012)
2012-03-20		MINUTE ORDER granting 63 parties' joint motion for entry of proposed briefing schedule. Defendant's renewed motion for summary judgment is due on or before April 13, 2012; plaintiff's opposition to defendant's renewed motion for summary judgment is due on or before May 4, 2012; defendant's reply is due on or before May 16, 2012. Signed by Judge Paul L. Friedman on March 20, 2012.(MA) (Entered: 03/20/2012)
2012-03-20		Set/Reset Deadlines: Defendant's Renewed Motion for Summary Judgment due by 4/13/2012. Response to Renewed Motion for Summary Judgment due by 5/4/2012. Reply to Renewed Motion for Summary Judgment due by 5/16/2012. (zmm, ) (Entered: 03/20/2012)
2012-04-12	64	Unopposed MOTION for Extension of Time to File Dispositive Motion, Opposition, & Reply by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 04/12/2012)
2012-04-13		MINUTE ORDER granting 64 defendant's motion for extension of the schedule governing the submission of dispositive motions. Defendant's renewed motion for summary judgment shall be due on or before April 23, 2012; plaintiff's opposition to defendant's renewed motion for summary judgment shall be due on or before May 14, 2012; and defendant's reply in support of defendant's renewed motion for summary judgment shall be due on or before May 25, 2012. Signed by Judge Paul L. Friedman on April 13, 2012. (MA) (Entered: 04/13/2012)
2012-04-16		Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 4/23/2012. Response due by 5/14/2012. Reply due by 5/25/2012. (zmm, ) (Entered: 04/16/2012)
2012-04-23	65	MOTION for Summary Judgment (Renewed) by U.S. DEPARTMENT OF VETERANS AFFAIRS (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Declaration (Black), # 5 Declaration (Graham), # 6 Declaration (Greenberg), # 7 Declaration (Katilius), # 8 Declaration (Klavohn), # 9 Declaration (Landes), # 10 Declaration (Livornese), # 11 Declaration (Nachmann), # 12 Declaration (Perez), # 13 Declaration (Peak), # 14 Declaration (Smith), # 15 Declaration (Spence), # 16 Declaration (Barrans), # 17 Declaration (Daily), # 18 INDEX OF EXHIBITS, # 19 Certificate of Service)(Meriweather, Robin) (Entered: 04/23/2012)
2012-05-14	66	NOTICE OF FILING REDACTED DOCUMENT MATERIAL SUBJECT TO PROTECTIVE ORDER by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Redacted Opposition to VA's Renewed Motion for Summary Judgment, # 2 Text of Proposed Order, # 3 Exhibit 1 - Klavohn dep., # 4 Exhibit 4 - NPR story, # 5 Exhibit 5 - CBS story, # 6 Exhibit 6 - Seattle Times story)(Alcorn, Daniel) (Entered: 05/14/2012)
2012-05-14	67	Memorandum in opposition to re 65 Renewed) MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (FILED UNDER SEAL) (jf, ) (Additional attachment(s) added on 5/15/2012: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Text of Proposed Order) (jf, ). (Entered: 05/15/2012)
2012-05-29	68	Unopposed MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) by U.S. DEPARTMENT OF VETERANS AFFAIRS (Meriweather, Robin) (Entered: 05/29/2012)
2012-05-30		MINUTE ORDER granting 68 defendant's unopposed Motion for Extension of Time up to and including May 31, 2012 in which to file its reply in support of its renewed motion for summary judgment. Signed by Judge Paul L. Friedman on May 30, 2012. (MA) (Entered: 05/30/2012)
2012-05-31		Set/Reset Deadlines: Reply to Renewed Motion for Summary Judgment due by 5/31/2012. (zmm, ) (Entered: 05/31/2012)
2012-05-31	69	REPLY to opposition to motion re 65 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. (Attachments: # 1 Exhibit (Excerpt of Klavohn Deposition Transcript))(Meriweather, Robin) (Entered: 05/31/2012)
2012-06-01	70	NOTICE OF FILING DOCUMENT UNDER SEAL by U.S. DEPARTMENT OF VETERANS AFFAIRS re 69 Reply to opposition to Motion, (Meriweather, Robin) (Entered: 06/01/2012)
2012-06-01	71	SEALED Reply to opposition to Motion filed by U.S. DEPARTMENT OF VETERANS AFFAIRS. re 70 Notice (This document is SEALED and only available to authorized persons.)(zrdj) (Entered: 06/04/2012)
2014-06-03	72	STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A- Washington Post article, # 2 Exhibit B- New York Times article)(Alcorn, Daniel) (Entered: 06/03/2014)
2014-09-24	73	OPINION granting the defendant's motion for summary judgment and denying the motion for reconsideration as moot. The defendant shall be ordered to show cause in writing why a sanction, in the form of attorneys' fees, should not be entered. Two separate orders consistent with this opinion shall issue this same day. Signed by Judge Paul L. Friedman on September 24, 2014. (MA) (Entered: 09/24/2014)
2014-09-24	74	ORDER denying as moot 55 defendant's Motion for Reconsideration; granting 65 defendant's renewed Motion for Summary Judgment. The complaint is dismissed with prejudice and the case removed from the court docket. Signed by Judge Paul L. Friedman on September 24, 2014. (MA) (Entered: 09/24/2014)
2014-09-24	75	ORDER that on or before October 23, 2014, defendant shall show cause in writing why a sanction, in the form of attorneys' fees, should not be entered. The plaintiff shall file a response on or before November 6, 2014; the defendant shall file a reply on or before November 13, 2014. Signed by Judge Paul L. Friedman on September 24, 2014. (MA) (Entered: 09/24/2014)
2014-09-25		Set/Reset Deadlines: Response to Show Cause due by 11/6/2014. Reply to Show Cause due by 11/13/2014. (zmm, ) (Entered: 09/25/2014)
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