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Case TitleALFORD v. MCDOUNGH
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
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
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)
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