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Case TitleRudisill v. U.S. Department of Veterans Affairs
DistrictEastern District of Virginia
CityRichmond
Case Number3:2022cv00703
Date Filed2022-11-02
Date Closed2023-03-02
JudgeDistrict Judge Henry E. Hudson
PlaintiffJames R. Rudisill
Case DescriptionJames Rudisill submitted FOIA requests to the Department of Veterans Affairs for records concerning his educational benefits claim file. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Rudisill filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Veterans Affairs
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-021Complaint ( Filing fee $ 402, receipt number AVAEDC-8641031.), filed by James R. Rudisill. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Civil Cover Sheet Civil Cover Sheet)(Thornhill, Abbey) (Main Document 1 replaced on 11/3/2022) (jjones, ). (Entered: 11/02/2022)
2022-11-022Proposed Summons by James R. Rudisill. (Thornhill, Abbey) (Entered: 11/02/2022)
2022-11-023NOTICE of Appearance by Timothy Louis McHugh on behalf of James R. Rudisill (McHugh, Timothy) (Entered: 11/02/2022)
2022-11-03Initial Case Assignment to District Judge Henry E. Hudson. (jjones, ) (Entered: 11/03/2022)
2022-11-034Summons Issued as to U.S. Department of Veterans Affairs, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (jjones, ) (Entered: 11/03/2022)
2022-11-145SUMMONS Returned Executed by James R. Rudisill. U.S. Department of Veterans Affairs served on 11/4/2022, answer due 12/5/2022. (Thornhill, Abbey) Modified due date on 12/2/2022 per Order 10 (adun, ). (Entered: 11/14/2022)
2022-11-226NOTICE of Appearance by Jonathan Holland Hambrick on behalf of U.S. Department of Veterans Affairs (Hambrick, Jonathan) (Entered: 11/22/2022)
2022-11-227Consent MOTION to Correct Docket Entry Setting Answer Deadline by James R. Rudisill. (Thornhill, Abbey) (Entered: 11/22/2022)
2022-12-018Consent MOTION for Extension of Time to File Answer re 1 Complaint, and Brief in Support Thereof by U.S. Department of Veterans Affairs. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) (Entered: 12/01/2022)
2022-12-019NOTICE of Appearance by Stephen Charles Piepgrass on behalf of James R. Rudisill (Piepgrass, Stephen) (Entered: 12/01/2022)
2022-12-0210ORDER that this case arises under the Freedom of Information Act, 5 U.S.C. § 552, which requires a 30-day deadline from service for the filing of responsive pleadings. Therefore, upon due consideration and finding good cause, the consent Motion to Correct Docket Entry Setting Answer Deadline 7 is GRANTED. The Clerk is DIRECTED to correct Docket Entry ECF No. 5 to reflect that the answer date is December 5, 2022. SEE ORDER FOR DETAILS. Signed by District Judge Henry E. Hudson on 12/2/2022. (adun, ) (Entered: 12/02/2022)
2022-12-0211ORDER that the consent Motion for Extension of Time 8 is GRANTED. Defendant's answer is due on or before February 6, 2023. SEE ORDER FOR DETAILS. Signed by District Judge Henry E. Hudson on 12/02/2022. (adun, ) (Entered: 12/02/2022)
2023-01-3012Consent MOTION for Extension of Time to File Answer re 1 Complaint, and Brief in Support Thereof by U.S. Department of Veterans Affairs. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) (Entered: 01/30/2023)
2023-02-0213ORDER (Granting Consent Motion for Extension of Time) that the consent Motion for Extension of Time 12 is GRANTED. Defendant shall have until March 2, 2023 to file its Answer in this case. SEE ORDER FOR DETAILS. Signed by District Judge Henry E. Hudson on 2/2/2023. (smej, ) Modified docket text on 2/3/2023 (adun, ). (Entered: 02/02/2023)
2023-03-0114NOTICE of Voluntary Dismissal by James R. Rudisill (Thornhill, Abbey) (Entered: 03/01/2023)
2023-03-0215FINAL ORDER re Plaintiff's 14 Notice of Dismissal of Complaint filed pursuant to Federal Rules of Civil Procedure 41(a)(1). It appearing all matters of controversy have been resolved, it is HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE. This case is CLOSED. Signed by District Judge Henry E. Hudson on 3/2/2023. (jsmi, ) (Entered: 03/02/2023)
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