STIRRUP v. UNITED STATES DEPARTMENT OF DEFENSE et al
| District Of Columbia District Court | |
| Judge: | Timothy J Kelly |
| Case #: | 1:21-cv-01893 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 05:0701 Judicial Review of Agency Decision |
| Case Filed: | Jul 15, 2021 |
| Terminated: | Mar 21, 2023 |
| Last checked: Tuesday Jan 11, 2022 4:25 AM EST |
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Defendant
SEAN S. BUCK
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Represented By
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Defendant
JOSEPH R. BIDEN, JR.
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Represented By
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Defendant
CHRISTINE WORMUTH
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Represented By
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Defendant
UNITED STATES NAVAL ACADEMY
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Defendant
UNITED STATES MILITARY ACADEMY
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Defendant
UNITED STATES DEPARTMENT OF THE NAVY
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Defendant
UNITED STATES DEPARTMENT OF THE ARMY
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Defendant
FRANK KENDALL
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Represented By
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Defendant
CATHERINE M. RUSSELL
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Represented By
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Defendant
UNITED STATES AIR FORCE ACADEMY
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Defendant
CARLOS DEL TORO
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Represented By
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Defendant
RICHARD M. CLARK
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Represented By
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Defendant
LLOYD J. AUSTIN, III
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Defendant
UNITED STATES DEPARTMENT OF THE AIR FORCE
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Defendant
UNITED STATES DEPARTMENT OF DEFENSE
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Represented By
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Defendant
DARRYL A. WILLIAMS
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Represented By
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Plaintiff
SEAN SPICER
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Represented By
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Plaintiff
DOUGLAS LENGENGELDER
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Represented By
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Plaintiff
ROBERT A GLEASON
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Plaintiff
RALPH WARREN NORMAN, JR.
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Represented By
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Plaintiff
MARK EDWARD GREEN
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Represented By
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Plaintiff
HEIDI STIRRUP
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Represented By
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| TERMINATED PARTIES | |
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Defendant
THOMAS W. HARKER
Terminated: 08/17/2021
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Defendant
JOHN P. ROTH
Terminated: 08/16/2021
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Plaintiff
JANE ROE #4
Terminated: 11/08/2021
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Represented By
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Plaintiff
JOHN AND JANE ROES #5-10
Terminated: 11/08/2021
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Represented By
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Plaintiff
JOHN DOES #1-2
Terminated: 11/08/2021
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Represented By
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Plaintiff
JOHN DOE #3
Terminated: 11/08/2021
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Represented By
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GPO
Mar 21 2023
on 3/21/2023. (lctjk3)MEMORANDUM OPINION in support of 45 Order granting Defendants' 39 Motion to Dismiss and dismissing the case in part for lack of subject-matter jurisdiction and in remaining part for failure to state a claim. Signed by Judge Timothy J. Kelly |
| Docket last updated: 5 hours ago |
| Friday, April 28, 2023 | ||
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appeal
USCA Case Number
Fri 04/28 3:51 PM
USCA Case Number 23-5094 for48 Notice of Appeal to DC Circuit Court, filed by RALPH WARREN NORMAN, JR., SEAN SPICER, HEIDI STIRRUP, ROBERT A GLEASON, DOUGLAS LENGENGELDER, MARK EDWARD GREEN. (znmw) |
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| Wednesday, April 26, 2023 | ||
| 49 | 49
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 04/26 12:47 PM
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re48 Notice of Appeal to DC Circuit Court. (ztth) |
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| Tuesday, April 25, 2023 | ||
| 48 | 48
appeal
Notice of Appeal to DC Circuit
Tue 04/25 3:47 PM
NOTICE OF APPEAL TO DC CIRCUIT COURT as to45 Order on Motion to Dismiss, by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP. Filing fee $ 505, receipt number ADCDC-10024789. Fee Status: Fee Paid. Parties have been notified. (McFadden, Jeffrey) |
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| 47 | 47
notice
Notice (Other)
Tue 04/25 11:37 AM
ENTERED IN ERROR.....NOTICE of Appeal by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP re45 Order on Motion to Dismiss, (McFadden, Jeffrey); Modified on 4/25/2023 (ztth) |
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notice
Notice of Error
Tue 04/25 3:40 PM
NOTICE OF ERROR regarding47 Notice (Other). The following error(s) need correction: Incorrect event. Please refile using the correct event under "Appeal Documents." (ztth) |
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| Tuesday, March 21, 2023 | ||
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pgs
order
Memorandum & Opinion
Tue 03/21 3:23 PM
MEMORANDUM OPINION in support of45 Order granting Defendants'39 Motion to Dismiss and dismissing the case in part for lack of subject-matter jurisdiction and in remaining part for failure to state a claim. Signed by Judge Timothy J. Kelly on 3/21/2023. (lctjk3) |
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| 45 | 45
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pgs
order
Order on Motion to Dismiss
Tue 03/21 3:17 PM
ORDER granting Defendants'39 Motion to Dismiss and dismissing the case in part for lack of subject-matter jurisdiction and in remaining part for failure to state a claim. See Order for details. This is a final, appealable Order. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 3/21/2023. (lctjk3) |
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| Wednesday, October 19, 2022 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 10/19 2:57 PM
MINUTE ORDER denying as moot Defendants'43 Motion for Extension of Time to File Reply. Defendants'44 Reply in Support of their Motion to Dismiss was timely filed. Accordingly, it is hereby ORDERED that Defendants'43 Motion for Extension of Time to File Reply is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 10/19/2022. (lctjk3) |
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| Monday, June 20, 2022 | ||
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respm
Reply to opposition to motion
Mon 06/20 5:42 PM
REPLY to opposition to motion re39 MOTION to Dismiss Fourth Amended Complaint for Lack of Jurisdiction and Failure to State a Claim filed by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, DEANDRA K. GHOSTLAW, THOMAS W. HARKER, FRANK KENDALL, ANTHONY RYAN MCDONALD, JOHN P. ROTH, CATHERINE M. RUSSELL, RAPHAEL J. THALAKOTTUR, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH.(McMahon, Madeline) |
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Att: 1
Exhibit 1
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| Wednesday, June 15, 2022 | ||
| 43 | 43
motion
Extension of Time to File Response/Reply
Wed 06/15 10:29 AM
Consent MOTION for Extension of Time to File Response/Reply as to39 MOTION to Dismiss Fourth Amended Complaint for Lack of Jurisdiction and Failure to State a Claim by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, DEANDRA K. GHOSTLAW, THOMAS W. HARKER, FRANK KENDALL, ANTHONY RYAN MCDONALD, JOHN P. ROTH, CATHERINE M. RUSSELL, RAPHAEL J. THALAKOTTUR, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH.(McMahon, Madeline) |
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Att: 1
Text of Proposed Order
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| Wednesday, June 08, 2022 | ||
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order
Order on Motion for Leave to File Excess Pages
Wed 06/08 2:35 PM
MINUTE ORDER granting Plaintiffs'41 Consent Motion for Leave to File Brief in Excess of Page Limit. It is hereby ORDERED, for good cause shown, that Plaintiffs'41 Consent Motion is GRANTED. Plaintiffs may file a brief in support of their opposition to Defendants'39 Motion to Dismiss of no more than 51 pages. Signed by Judge Timothy J. Kelly on 6/8/2022. (lctjk3) |
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| Monday, June 06, 2022 | ||
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respm
Response to motion
Mon 06/06 1:49 PM
RESPONSE re39 MOTION to Dismiss Fourth Amended Complaint for Lack of Jurisdiction and Failure to State a Claim filed by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP.(McFadden, Jeffrey) |
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Att: 1
Text of Proposed Order,
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Att: 2
Declaration of Jeffrey E. McFadden,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D,
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Att: 7
Exhibit E,
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Att: 8
Exhibit F,
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Att: 9
Exhibit G,
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Att: 10
Exhibit H,
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Att: 11
Exhibit I
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| 41 | 41
motion
File Excess Pages
Mon 06/06 1:43 PM
MOTION for Leave to File Excess Pages in Opposition to Defendants' Motion to Dismiss Fourth Amended Complaint by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP.(McFadden, Jeffrey) |
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Att: 1
Text of Proposed Order
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| Monday, May 23, 2022 | ||
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order
Order on Motion for Extension of Time to File Response/Reply Set/Reset Deadlines
Mon 05/23 12:24 PM
MINUTE ORDER granting the parties'40 Joint Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that the parties'40 Joint Motion is GRANTED. Plaintiffs shall file their opposition to Defendants'39 Motion to Dismiss by June 6, 2022, and Defendants shall file any reply by June 20, 2022. Signed by Judge Timothy J. Kelly on 5/23/2022. (lctjk3) |
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| Friday, May 20, 2022 | ||
| 40 | 40
motion
Extension of Time to File Response/Reply
Fri 05/20 6:54 AM
Joint MOTION for Extension of Time to File Response/Reply as to39 MOTION to Dismiss Fourth Amended Complaint for Lack of Jurisdiction and Failure to State a Claim by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP.(McFadden, Jeffrey) |
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Att: 1
Text of Proposed Order
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| Wednesday, May 11, 2022 | ||
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order
Order on Motion for Leave to File Excess Pages
Wed 05/11 11:21 AM
MINUTE ORDER granting Defendants'38 Consent Motion for Leave to File Brief in Excess of Page Limits. It is hereby ORDERED, for good cause shown, that Defendants'38 Consent Motion is GRANTED. Defendants may file a brief in support of their motion to dismiss of no more than 50 pages. Signed by Judge Timothy J. Kelly on 5/11/2022. (lctjk3) |
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| Monday, May 09, 2022 | ||
| 39 | 39
motion
Dismiss
Mon 05/09 7:49 PM
MOTION to Dismiss Fourth Amended Complaint for Lack of Jurisdiction and Failure to State a Claim by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, DEANDRA K. GHOSTLAW, THOMAS W. HARKER, FRANK KENDALL, ANTHONY RYAN MCDONALD, JOHN P. ROTH, CATHERINE M. RUSSELL, RAPHAEL J. THALAKOTTUR, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH.(McMahon, Madeline) |
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Att: 1
Text of Proposed Order,
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Att: 2
Declaration of Madeline M. McMahon,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D
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motion
File Excess Pages
Mon 05/09 7:44 PM
Consent MOTION for Leave to File Excess Pages by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, DEANDRA K. GHOSTLAW, THOMAS W. HARKER, FRANK KENDALL, ANTHONY RYAN MCDONALD, JOHN P. ROTH, CATHERINE M. RUSSELL, RAPHAEL J. THALAKOTTUR, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH.(McMahon, Madeline) |
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Att: 1
Text of Proposed Order
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| Thursday, April 07, 2022 | ||
| 37 | 37
cmp
Amended Complaint
Tue 04/12 10:15 AM
FOURTH AMENDED COMPLAINT against LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, FRANK KENDALL, JOHN P. ROTH, CATHERINE M. RUSSELL, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH, RAPHAEL J. THALAKOTTUR, ANTHONY RYAN MCDONALD, DEANDRA K. GHOSTLAW filed by DOUGLAS LENGENGELDER, HEIDI STIRRUP, SEAN SPICER, RALPH WARREN NORMAN, JR, ROBERT A GLEASON, MARK EDWARD GREEN.(ztth) |
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order
Order on Motion to Dismiss Order on Motion for Leave to File Set/Reset Deadlines
Thu 04/07 11:23 AM
MINUTE ORDER: Before the Court is Plaintiffs'32 Motion For Leave to File Fourth Amended Complaint. Under Rule 15(a)(2), "a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." "In the absence of any apparent or declared reason -- such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc. -- the leave sought should, as the rules require, be 'freely given.'" Foman v. Davis , 371 U.S. 178, 182 (1962). Defendants oppose Plaintiffs' motion to amend primarily on the basis of futility, suggesting that the proposed amended complaint does not "cure the deficiencies that plagued" Plaintiffs' prior complaints. ECF No. 35 at 10. Thus, Defendants effectively ask the Court to resolve the case in ruling on the motion to amend. Given the interplay between, among other things, the standing and jurisdictional issues presented in the motion to dismiss and the proposed amended complaint, the Court finds that the motion to amend is not the proper vehicle to resolve these disputes. Defendants' futility arguments that effectively challenge Plaintiffs' underlying lawsuit are better addressed through a motion to dismiss. See White v. Hilton Hotels Ret. Plan , No. 16-cv-856 (CKK), (D.D.C. Jan. 24, 2018). Defendants also argue that "justice would not be served by granting Plaintiffs' motion" and that prejudice to Defendants would ensue because Plaintiffs have had numerous occasions to amend their complaint. ECF No. 35 at 15. The Court notes that this is the fourth time Plaintiffs have amended or moved to amend their complaint. But the D.C. Circuit has noted that "the grant of leave to amend a complaint might often occasion some degree of delay and additional expense, but leave still should be 'freely given' unless prejudice or delay is 'undue.'" See Barkley v. U.S. Marshals Serv. ex rel. Hylton , 766 F.3d 25, 39 (D.C. Cir. 2014) (quoting Foman , 371 U.S. at 182). On this record, the Court does not find that this "undue" standard is met. Defendant has not established that amendment would result in "a denial of the opportunity to present facts or evidence which would have been offered had the amendment been timely." Dove v. WMATA , 221 F.R.D. 246, 248 (D.D.C. 2004) (cleaned up) (noting examples of undue prejudice include instances where amendments altered the choice of counsel or the nature of the opposing party's strategy). Nor is this an instance where Plaintiff, for instance, "attempted to raise an entirely new issue by amendment... after the parties had conducted extensive discovery, and after the district court had granted a summary judgment motion." See Williamsburg Wax Museum, Inc. v. Historic Figures, Inc. , 810 F.2d 243, 247 (D.C. Cir. 1987). Therefore, in the Court's discretion, it is hereby ORDERED that Plaintiffs'32 Motion is GRANTED. The Clerk is directed to docket Plaintiffs' Fourth Amended Complaint, ECF No. 32-1. Additionally, absent extraordinary circumstances, the Court will not grant Plaintiffs further leave to amend the complaint. It is further ORDERED that the pending29 Motion to Dismiss is DENIED AS MOOT. Finally, it is further ORDERED that Defendants shall answer or otherwise respond to Plaintiffs' Fourth Amended Complaint by May 9, 2022. Signed by Judge Timothy J. Kelly on 4/7/2022. (lctjk3) |
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| Monday, April 04, 2022 | ||
| 36 | 36
respm
Reply to opposition to motion
Mon 04/04 11:50 AM
REPLY to opposition to motion re32 MOTION for Leave to File Fourth Amended Complaint filed by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP. (McFadden, Jeffrey) |
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| Monday, March 21, 2022 | ||
| 35 | 35
respm
Response to motion
Mon 03/21 8:55 PM
RESPONSE re32 MOTION for Leave to File Fourth Amended Complaint filed by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, THOMAS W. HARKER, FRANK KENDALL, JOHN P. ROTH, CATHERINE M. RUSSELL, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH.(McMahon, Madeline) |
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Att: 1
Text of Proposed Order
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| 34 | 34
respm
Reply to opposition to motion
Mon 03/21 8:52 PM
REPLY to opposition to motion to Dismiss filed by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, THOMAS W. HARKER, FRANK KENDALL, JOHN P. ROTH, CATHERINE M. RUSSELL, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH.(McMahon, Madeline) |
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Att: 1
Declaration of Anthony R. McDonald
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| Thursday, March 10, 2022 | ||
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order
Order on Motion for Briefing Schedule Set/Reset Deadlines
Thu 03/10 9:48 AM
MINUTE ORDER granting the parties'33 Joint Motion to Modify Briefing Schedule. It is hereby ORDERED, for good cause shown, that the parties'33 motion is GRANTED. Defendants shall file their response to Plaintiffs'32 Motion for Leave to File Fourth Amended Complaint by March 21, 2022, and Plaintiffs shall file any reply by April 4, 2022. Signed by Judge Timothy J. Kelly on 3/10/2022. (lctjk3) |
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| Wednesday, March 09, 2022 | ||
| 33 | 33
motion
Briefing Schedule
Wed 03/09 4:26 PM
Joint MOTION for Briefing Schedule Modification by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH.(McMahon, Madeline) |
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Att: 1
Text of Proposed Order
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| Monday, February 28, 2022 | ||
| 32 | 32
motion
Leave to File Document
Mon 02/28 1:58 PM
MOTION for Leave to File Fourth Amended Complaint by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP.(McFadden, Jeffrey) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 31 | 31
respm
Response to motion
Mon 02/28 1:56 PM
RESPONSE re29 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP.(McFadden, Jeffrey) |
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Att: 1
Text of Proposed Order,
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Att: 2
Declaration Declaration of Jeffrey E. McFadden in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss,
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Att: 3
Exhibit Exhibit A,
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Att: 4
Exhibit Exhibit B,
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Att: 5
Exhibit Exhibit C,
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Att: 6
Exhibit Exhibit D,
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Att: 7
Exhibit Exhibit E,
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Att: 8
Exhibit Exhibit F,
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Att: 9
Exhibit Exhibit G,
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Att: 10
Exhibit Exhibit H,
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Att: 11
Exhibit Exhibit I
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| Friday, February 11, 2022 | ||
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order
Order on Motion for Extension of Time to File Response/Reply Set/Reset Deadlines
Fri 02/11 1:48 PM
MINUTE ORDER granting the parties'30 Joint Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that the parties'30 Motion for Extension of Time is GRANTED. Plaintiffs shall file their opposition to Defendants'29 Motion to Dismiss by February 28, 2022, and Defendants shall file their reply by March 21, 2022. Signed by Judge Timothy J. Kelly on 2/11/2022. (lctjk3) Modified to correct order date on 2/11/2022 (zkh) |
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| Thursday, February 10, 2022 | ||
| 30 | 30
motion
Extension of Time to File Response/Reply
Thu 02/10 10:50 AM
Joint MOTION for Extension of Time to File Response/Reply as to29 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP. (McFadden, Jeffrey) |
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| Monday, January 31, 2022 | ||
| 29 | 29
motion
Dismiss
Mon 01/31 9:31 PM
MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, THOMAS W. HARKER, FRANK KENDALL, JOHN P. ROTH, CATHERINE M. RUSSELL, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH.(McMahon, Madeline) |
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Att: 1
Text of Proposed Order,
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Att: 2
Declaration of Madeline M. McMahon,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D
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| Wednesday, January 05, 2022 | ||
| 28 | 28
notice
Notice of Appearance
Wed 01/05 9:18 AM
NOTICE of Appearance by Madeline McMahon on behalf of All Defendants (McMahon, Madeline) |
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| Thursday, December 30, 2021 | ||
| 27 | 27
service
Summons Returned Executed as to Federal Defendant
Thu 12/30 1:08 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RICHARD M. CLARK served on 11/24/2021; FRANK KENDALL served on 11/24/2021; UNITED STATES AIR FORCE ACADEMY served on 11/24/2021; UNITED STATES DEPARTMENT OF THE AIR FORCE served on 11/24/2021(McFadden, Jeffrey) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Monday, December 13, 2021 | ||
| 26 | 26
service
Summons Returned Executed as to Federal Defendant
Mon 12/13 11:04 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEAN S. BUCK served on 12/2/2021; CARLOS DEL TORO served on 12/2/2021; UNITED STATES DEPARTMENT OF THE NAVY served on 12/2/2021; UNITED STATES NAVAL ACADEMY served on 12/2/2021(McFadden, Jeffrey) |
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Att: 1
Exhibit A
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| 25 | 25
service
Summons Returned Executed as to Federal Defendant
Mon 12/13 11:01 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD J. AUSTIN, III served on 11/29/2021; UNITED STATES DEPARTMENT OF DEFENSE served on 11/29/2021(McFadden, Jeffrey) |
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Att: 1
Exhibit A
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| Monday, December 06, 2021 | ||
| 24 | 24
service
Summons Returned Executed as to Federal Defendant
Mon 12/06 5:20 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE ARMY served on 11/29/2021; UNITED STATES MILITARY ACADEMY served on 11/29/2021; DARRYL A. WILLIAMS served on 11/29/2021; CHRISTINE WORMUTH served on 11/29/2021 (McFadden, Jeffrey) |
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| 23 | 23
service
Summons Returned Executed as to Federal Defendant
Mon 12/06 5:17 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH R. BIDEN, JR served on 12/1/2021 (McFadden, Jeffrey) |
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| 22 | 22
service
Summons Returned Executed as to U.S. Attorney General
Mon 12/06 5:11 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/29/21. (McFadden, Jeffrey) |
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| 21 | 21
service
Summons Returned Executed as to US Attorney
Mon 12/06 5:09 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/1/2021. Answer due for ALL FEDERAL DEFENDANTS by 1/30/2022. (McFadden, Jeffrey) |
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| Friday, December 03, 2021 | ||
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order
.Order
Fri 12/03 11:28 AM
MINUTE ORDER: Upon review of the docket in this matter, it appears that Plaintiff has not effectuated service on the appropriate United States Attorney's Office, as required by Fed. R. Civ. P. 4(i). Thus, it is hereby ORDERED that the previously-ordered deadline for Defendants to answer or otherwise respond to the16 Third Amended Complaint by December 11, 2021, is VACATED. Signed by Judge Timothy J. Kelly on 12/3/2021. (lctjk3) |
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| Wednesday, November 24, 2021 | ||
| 20 | 20
misc
Errata
Wed 11/24 3:29 PM
ERRATA Declaration of Richard Allen Epstein with ink signature by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP re18 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- RICHARD ALLEN EPSTEIN, Filing fee $ 100, receipt number ADCDC-8879262. Fee Status: Fee Paid. filed by RALPH WARREN NORMAN, JR., SEAN SPICER, HEIDI STIRRUP, ROBERT A GLEASON, DOUGLAS LENGENGELDER, MARK EDWARD GREEN. (McFadden, Jeffrey) |
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| Tuesday, November 23, 2021 | ||
| 19 | 19
service
Electronic Summons Issued as to AUSA,USAG
Tue 11/23 8:57 AM
SUMMONS (4) Issued Electronically as to JOSEPH R. BIDEN, JR, CATHERINE M. RUSSELL, U.S. Attorney and U.S. Attorney General. (ztth) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 11/23 1:25 PM
MINUTE ORDER granting Plaintiffs'18 Motion for Leave to Appear Pro Hac Vice. Attorney Richard Allen Epstein is hereby admitted pro hac vice to appear in this matter on Plaintiffs' behalf. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Timothy J. Kelly on 11/23/2021. (lctjk3) |
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| Friday, November 19, 2021 | ||
| 18 | 18
motion
Appear Pro Hac Vice
Fri 11/19 1:28 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- RICHARD ALLEN EPSTEIN, Filing fee $ 100, receipt number ADCDC-8879262. Fee Status: Fee Paid. by ROBERT A GLEASON, MARK EDWARD GREEN, DOUGLAS LENGENGELDER, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP.(McFadden, Jeffrey) |
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Att: 1
Exhibit 1
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| Thursday, November 18, 2021 | ||
| 17 | 17
cmp
Request for Summons to Issue
Thu 11/18 8:43 AM
REQUEST FOR SUMMONS TO ISSUE re16 Amended Complaint,, filed by DOUGLAS LENGENGELDER, HEIDI STIRRUP, SEAN SPICER, RALPH WARREN NORMAN, JR, ROBERT A GLEASON, MARK EDWARD GREEN. Related document:16 Amended Complaint,, filed by RALPH WARREN NORMAN, JR., SEAN SPICER, HEIDI STIRRUP, ROBERT A GLEASON, DOUGLAS LENGENGELDER, MARK EDWARD GREEN.(McFadden, Jeffrey) |
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| Wednesday, November 10, 2021 | ||
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order
Order on Motion for Leave to File Set/Reset Deadlines
Wed 11/10 12:14 PM
MINUTE ORDER granting Plaintiffs'15 Consent Motion for Leave to File Third Amended Complaint. It is hereby ORDERED that Plaintiffs'15 Motion is GRANTED. The Clerk of Court is directed to file on the docket Plaintiffs' Third Amended Complaint, ECF 15-1. It is further ORDERED that Defendants shall answer or otherwise respond to Plaintiffs' Third Amended Complaint by December 11, 2021. Signed by Judge Timothy J. Kelly on 11/10/2021. (lctjk3) |
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| Monday, November 08, 2021 | ||
| 16 | 16
cmp
Amended Complaint
Wed 11/17 3:30 PM
THIRD AMENDED COMPLAINT against LLOYD J. AUSTIN, III, SEAN S. BUCK, RICHARD M. CLARK, CARLOS DEL TORO, FRANK KENDALL, UNITED STATES AIR FORCE ACADEMY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, UNITED STATES NAVAL ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH, JOSEPH R. BIDEN, JR, CATHERINE M. RUSSELL filed by DOUGLAS LENGENGELDER, HEIDI STIRRUP, SEAN SPICER, RALPH WARREN NORMAN, JR, ROBERT A GLEASON, MARK EDWARD GREEN.(ztth) |
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| 15 | 15
motion
Leave to File Document
Mon 11/08 9:24 PM
Consent MOTION for Leave to File Third Amended Complaint by MARK EDWARD GREEN, RALPH WARREN NORMAN, JR, SEAN SPICER, HEIDI STIRRUP, DOUGLAS LENGENGELDER, ROBERT A GLEASON.(McFadden, Jeffrey) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Tuesday, September 28, 2021 | ||
| 14 | 14
service
Summons Returned Executed as to Federal Defendant
Tue 09/28 10:22 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DARRYL A. WILLIAMS served on 9/21/2021; UNITED STATES MILITARY ACADEMY served on 9/21/2021(McFadden, Jeffrey) |
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Att: 1
Affidavit,
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Att: 2
Affidavit
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| 13 | 13
service
Summons Returned Executed as to Federal Defendant
Tue 09/28 9:26 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEAN S. BUCK served on 9/20/2021(McFadden, Jeffrey) |
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Att: 1
Affidavit Department of Navy,
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Att: 2
Affidavit Sean Buck,
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Att: 3
Affidavit Secretary of Navy,
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Att: 4
Affidavit Naval Academy,
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Att: 5
Affidavit Dept of Defense,
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Att: 6
Affidavit Dept. of Army,
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Att: 7
Affidavit Wormuth,
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Att: 8
Affidavit Air Force Academy
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| Thursday, September 09, 2021 | ||
| 12 | 12
cmp
Amended Complaint
Thu 09/09 11:23 AM
AMENDED COMPLAINT Second Amended Complaint against All Defendants filed by JOHN DOE #3, HEIDI STIRRUP, JANE ROE #4, JOHN AND JANE ROES #5-10, SEAN SPICER, JOHN DOES #1-2, RALPH WARREN NORMAN, JR, MARK EDWARD GREEN.(McFadden, Jeffrey) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5,
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Att: 6
Exhibit Exhibit 6,
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Att: 7
Exhibit Exhibit 7,
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Att: 8
Exhibit Exhibit 8,
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Att: 9
Exhibit Exhibit 9,
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Att: 10
Exhibit Exhibit 10,
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Att: 11
Exhibit Exhibit 11,
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Att: 12
Exhibit Exhibit 12,
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Att: 13
Exhibit Exhibit 13,
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Att: 14
Exhibit SAC Redline
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order
Order on Motion for Leave to File Set/Reset Deadlines
Thu 09/09 10:52 AM
MINUTE ORDER granting Plaintiffs'11 Motion for Leave to File Second Amended Complaint. It is hereby ORDERED that Plaintiffs'11 Motion is GRANTED. Plaintiffs shall file their Second Amended Complaint and accompanying exhibits by September 10, 2021. Signed by Judge Timothy J. Kelly on 09/09/2021. (lctjk3) |
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| Wednesday, September 08, 2021 | ||
| 11 | 11
motion
Leave to File Document
Wed 09/08 4:55 PM
MOTION for Leave to File Second Amended Complaint by JOHN DOE #3, JOHN DOES #1-2, MARK EDWARD GREEN, RALPH WARREN NORMAN, JR, JANE ROE #4, JOHN AND JANE ROES #5-10, HEIDI STIRRUP, SEAN SPICER.(McFadden, Jeffrey) |
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Att: 1
Exhibit Exhibit A Cover Sheet,
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Att: 2
Exhibit Second Amended Complaint,
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Att: 3
Exhibit Exhibit 1 to SAC,
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Att: 4
Exhibit Exhibit 2 to SAC,
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Att: 5
Exhibit Exhibit 3 to SAC,
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Att: 6
Exhibit Exhibit 4 to SAC,
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Att: 7
Exhibit Exhibit 5 to SAC,
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Att: 8
Exhibit Exhibit 6 to SAC,
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Att: 9
Exhibit Exhibit 7 to SAC,
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Att: 10
Exhibit Exhibit 8 to SAC,
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Att: 11
Exhibit Exhibit 9 to SAC,
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Att: 12
Exhibit Exhibit 10 to SAC,
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Att: 13
Exhibit Exhibit 11 to SAC,
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Att: 14
Exhibit Exhibit 12 to SAC,
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Att: 15
Exhibit Exhibit 13 to SAC,
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Att: 16
Exhibit Exhibit B Cover Sheet,
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Att: 17
Exhibit SAC Redline
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| Wednesday, August 25, 2021 | ||
| 10 | 10
service
Electronic Summons Issued
Wed 08/25 10:53 AM
SUMMONS (10) Issued Electronically as to SEAN S BUCK, CARLOS DEL TORO, THOMAS W. HARKER, FRANK KENDALL, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES MILITARY ACADEMY, DARRYL A. WILLIAMS, CHRISTINE WORMUTH, UNITED STATES NAVAL ACADEMY. (ztth) |
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| Thursday, August 19, 2021 | ||
| 9 | 9
notice
Notice of Appearance
Thu 08/19 3:45 PM
NOTICE of Appearance by Michael T. Rose on behalf of JOHN DOE #3, JOHN DOES #1-2, MARK EDWARD GREEN, RALPH WARREN NORMAN, JR, JANE ROE #4, JOHN AND JANE ROES #5-10, HEIDI STIRRUP (Rose, Michael) |
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| Wednesday, August 18, 2021 | ||
|
order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 08/18 1:04 PM
MINUTE ORDER granting Plaintiffs'6 Motion for Leave to Appear Pro Hac Vice. Attorney Michael Thomas Rose is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Timothy J. Kelly on 08/18/2021. (lctjk3) |
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| Tuesday, August 17, 2021 | ||
| 8 | 8
misc
Errata
Tue 08/17 12:52 PM
ERRATA Summons Carlos Del Toro by JOHN DOE #3, JOHN DOES #1-2, MARK EDWARD GREEN, RALPH WARREN NORMAN, JR, JANE ROE #4, JOHN AND JANE ROES #5-10, HEIDI STIRRUP re5 Amended Complaint,,,, filed by RALPH WARREN NORMAN, JR., JOHN DOES #1-2, JOHN AND JANE ROES #5-10, HEIDI STIRRUP, JOHN DOE #3, MARK EDWARD GREEN, JANE ROE #4. (McFadden, Jeffrey) |
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| 7 | 7
misc
Errata
Tue 08/17 12:33 PM
ERRATA Amended Complaint by JOHN DOE #3, JOHN DOES #1-2, MARK EDWARD GREEN, RALPH WARREN NORMAN, JR, JANE ROE #4, JOHN AND JANE ROES #5-10, HEIDI STIRRUP re5 Amended Complaint,,,, filed by RALPH WARREN NORMAN, JR., JOHN DOES #1-2, JOHN AND JANE ROES #5-10, HEIDI STIRRUP, JOHN DOE #3, MARK EDWARD GREEN, JANE ROE #4. (McFadden, Jeffrey) |
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| Monday, August 16, 2021 | ||
| 6 | 6
motion
Appear Pro Hac Vice
Mon 08/16 10:12 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Thomas Rose, Filing fee $ 100, receipt number ADCDC-8672098. Fee Status: Fee Paid. by JOHN DOE #3, JOHN DOES #1-2, MARK EDWARD GREEN, RALPH WARREN NORMAN, JR, JANE ROE #4, JOHN AND JANE ROES #5-10, HEIDI STIRRUP.(McFadden, Jeffrey) |
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Att: 1
Exhibit Exhibit 1
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| 5 | 5
cmp
Amended Complaint
Mon 08/16 10:08 PM
AMENDED COMPLAINT against LLOYD J. AUSTIN, III, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, FRANK KENDALL, UNITED STATES DEPARTMENT OF THE ARMY, CHRISTINE WORMUTH, UNITED STATES MILITARY ACADEMY, DARRYL A. WILLIAMS, UNITED STATES DEPARTMENT OF THE NAVY, THOMAS W. HARKER, SEAN S BUCK filed by HEIDI STIRRUP, MARK EDWARD GREEN, JOHN DOE #3, JANE ROE #4, RALPH WARREN NORMAN, JR, JOHN DOES #1-2, JOHN AND JANE ROES #5-10.(McFadden, Jeffrey) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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||
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5,
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Att: 6
Exhibit Exhibit 6,
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||
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Att: 7
Exhibit Exhibit 7,
|
||
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Att: 8
Exhibit Exhibit 8,
|
||
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Att: 9
Exhibit Exhibit 9,
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||
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Att: 10
Exhibit Exhibit 10,
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Att: 11
Exhibit Exhibit 11,
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Att: 12
Exhibit Exhibit 12,
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||
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Att: 13
Exhibit Exhibit 13,
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||
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Att: 14
Exhibit Exhibit 14 cover sheet,
|
||
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Att: 15
Exhibit Exhibit 14 (Redline),
|
||
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Att: 16
Summons Christine Wormuth,
|
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Att: 17
Summons Frank Kendall,
|
||
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Att: 18
Summons LGEN Darryl Williams,
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||
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Att: 19
Summons VADM Sean Buck,
|
||
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Att: 20
Summons Thomas W. Harker,
|
||
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Att: 21
Summons Dept of the Army,
|
||
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Att: 22
Summons Department of the Navy,
|
||
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Att: 23
Summons U.S. Military Academy,
|
||
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Att: 24
Summons U.S. Naval Academy
|
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| Monday, July 19, 2021 | ||
| 4 | 4
order
Standing Order
Mon 07/19 5:49 PM
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 07/19/2021. (lctjk3) |
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| Friday, July 16, 2021 | ||
| 3 | 3
service
Electronic Summons Issued as to AUSA,USAG
Fri 07/16 10:32 AM
SUMMONS (6) Issued Electronically as to LLOYD J. AUSTIN, III, JOHN P. ROTH, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE AIR FORCE, U.S. Attorney and U.S. Attorney General(adh, ) |
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Att: 1
Notice and Consent
|
||
|
utility
Case Assigned/Reassigned
Fri 07/16 10:25 AM
Case Assigned to Judge Timothy J. Kelly. (adh, ) |
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| Thursday, July 15, 2021 | ||
| 2 | 2
misc
Errata
Thu 07/15 11:37 AM
ERRATA Complaint by HEIDI STIRRUP. (McFadden, Jeffrey) |
|
| 1 | 1
20
pgs
cmp
Complaint
Thu 07/15 9:30 AM
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8600818) filed by HEIDI STIRRUP.(McFadden, Jeffrey) |
|
|
Att: 1
Exhibit Exhibit 1,
|
||
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Att: 2
Exhibit Exhibit 2,
|
||
|
Att: 3
Exhibit Exhibit 3,
|
||
|
Att: 4
Exhibit Exhibit 4,
|
||
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Att: 5
Exhibit Exhibit 5,
|
||
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Att: 6
Exhibit Exhibit 6,
|
||
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Att: 7
Civil Cover Sheet Civil Cover Sheet,
|
||
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Att: 8
Summons DoD Summons,
|
||
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Att: 9
Summons SecDef Summons,
|
||
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Att: 10
Summons USAF Summons,
|
||
|
Att: 11
Summons Sec AF Summons,
|
||
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Att: 12
Summons USAFA Summons,
|
||
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Att: 13
Summons USAFA SUPE Summons
|
||
|
notice
Notice of QC- New Case
Thu 07/15 10:55 AM
NOTICE OF ERROR re1 Complaint; emailed to jmcfadden@jmcfaddenlaw.com, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (adh, ) |
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