HARRIS v. MAYORKAS et al
| Teresa Ann Harris |
| Alejandro N. Mayorkas, Letitia Yates, Michelle Perry, Kaitlin Bigger, Stephanie Sawyer and Office Of Biometric Identity Management |
| 1:2022cv00670 |
| June 14, 2022 |
| US District Court for the Eastern District of Virginia |
| Ivan D Davis |
| Michael S Nachmanoff |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2023. A more recent docket listing may be available from PACER.
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Filing 36
MOTION to Docket Plaintiff's Proposed Amended Complaint by Kaitlin Bigger, Alejandro N. Mayorkas, Office Of Biometric Identity Management, Michelle Perry, Stephanie Sawyer, Letitia Yates. (Attachments: #1 Attachment 1 (proposed amended complaint), #2 Attachment 2 (email exchange))(O'Connor, Kirstin)
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Per MSN chambers motions set for 8/19/2022 on the pleadings - Per DM (clar, )
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Filing 35
Undisputed Statements of Material Facts by Teresa Ann Harris. (swil)
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Filing 34
Motion to Consolidate Claims of Pending Similarly Related Case No. 570-2021-0202X by Teresa Ann Harris. (Attachments: #1 Proposed Order)(swil)
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Filing 33
Motion for Leave to Amend Complaint, Relief by Teresa Ann Harris. (swil)
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Filing 32
Motion to Demand Trial by Jury in US District Court for Eastern District of Virginia in Response to Defendant's Reply Motion to Dismiss by Teresa Ann Harris. (Attachments: #1 Attachments, #2 Proposed Order)(swil)
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Set Deadlines as to #29 MOTION to Dismiss for Failure to State a Claim with Roseboro,.. Motion Hearing set for 8/19/2022 at 10:00 AM in Alexandria Courtroom 400 before District Judge Michael S Nachmanoff. (clar, )
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Filing 31
Notice of Hearing Date set for 8/19/2022 re #29 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #30 Memorandum in Support, (O'Connor, Kirstin)
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Filing 30
Memorandum in Support re #29 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Kaitlin Bigger, Alejandro N. Mayorkas, Office Of Biometric Identity Management, Michelle Perry, Stephanie Sawyer, Letitia Yates. (Attachments: #1 Exhibit DEX 1, #2 Exhibit DEX 2, #3 Exhibit DEX 3, #4 Exhibit DEX 4, #5 Exhibit DEX 5, #6 Exhibit DEX 6)(O'Connor, Kirstin)
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Filing 29
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Kaitlin Bigger, Alejandro N. Mayorkas, Office Of Biometric Identity Management, Michelle Perry, Stephanie Sawyer, Letitia Yates. (Attachments: #1 Exhibit Roseboro Notice)(O'Connor, Kirstin)
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Filing 28
NOTICE of Appearance by Kirstin O'Connor on behalf of Kaitlin Bigger, Alejandro N. Mayorkas, Office Of Biometric Identity Management, Michelle Perry, Stephanie Sawyer, Letitia Yates (O'Connor, Kirstin)
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Filing 27
ORDERED to refile any dispositive motion(s) they still wish to pursue in this Court on or before July 15, 2022. Any such filing(s) must comport with the local rules of this Court (see Order for details). Signed by District Judge Michael S Nachmanoff on 6/24/2022. (kgall) (C/S to plaintiff)
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Filing 26
Case transferred in from District of District of Columbia; Case Number 1:21-cv-02811. Original file and docket sheet received.
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Notification of transfer of civil case from the District of Columbia Case No. 1:21cv2811 to the Eastern District of Virginia. (ldab, )
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Filing 25
ORDER granting in part Defendant's #16 Motion. See Order for details. Signed by Judge Timothy J. Kelly on 5/23/2022. (lctjk3) [Transferred from District of Columbia on 6/14/2022.]
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NOTICE OF ERROR re #22 Certificate of Service; emailed to erika.oblea@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. The Certificate of Service should be filed with the main document. (ztth, ) [Transferred from District of Columbia on 6/14/2022.]
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Filing 24
RESPONSE re #19 Response to motion Plaintiff's Motion to Amend filed by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES. (Attachments: #1 Statement of Facts Defendants' Response to Plaintiff's Undisputed Statement of Facts, #2 Exhibit A - Declaration of Kenneth D. Gantt, #3 Exhibit B - Declaration of David W. Grauel, #4 Exhibit C - EEO Complaint, #5 Text of Proposed Order, #6 Certificate of Service)(Oblea, Erika) [Transferred from District of Columbia on 6/14/2022.]
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Filing 23
REPLY to opposition to motion re #19 Response to motion filed by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES. (Attachments: #1 Statement of Facts Defendants' Response to Plaintiff's Undisputed Statement of Facts, #2 Exhibit A - Declaration of Kenneth D. Gantt, #3 Exhibit B - Declaration of David W. Grauel, #4 Exhibit C - EEO Complaint, #5 Certificate of Service)(Oblea, Erika) [Transferred from District of Columbia on 6/14/2022.]
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Filing 22
CERTIFICATE OF SERVICE by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES re #21 Notice of Appearance . (Oblea, Erika) [Transferred from District of Columbia on 6/14/2022.]
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Filing 21
NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) [Transferred from District of Columbia on 6/14/2022.]
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MINUTE ORDER granting Defendants' #20 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendants' #20 Unopposed Motion for Extension of Time is GRANTED. Defendants shall file any reply in support of their #16 Motion to Dismiss or Transfer and their opposition to Plaintiff's #19 Motion by May 11, 2022. Signed by Judge Timothy J. Kelly on 4/12/2022. (lctjk3) [Transferred from District of Columbia on 6/14/2022.]
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Filing 20
Second MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss or to Transfer to Another District And for Summary Judgment in the Alternative MOTION for Summary Judgment MOTION to Transfer Case (Unopposed) by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Walker, Anna) [Transferred from District of Columbia on 6/14/2022.]
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MINUTE ORDER granting Defendants' #18 Unopposed Motion for Extension of Time. It is hereby ordered, for good cause shown, that Defendants' #18 Unopposed Motion for Extension of Time is GRANTED. Defendants shall file any reply in support of their #16 Motion to Dismiss or Transfer and their opposition to Plaintiff's #19 Motion by April 15, 2022. Signed by Judge Timothy J. Kelly on 3/24/2022. (lctjk3) [Transferred from District of Columbia on 6/14/2022.]
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Filing 18
Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss or to Transfer to Another District And for Summary Judgment in the Alternative MOTION for Summary Judgment MOTION to Transfer Case by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Walker, Anna) [Transferred from District of Columbia on 6/14/2022.]
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Filing 19
RESPONSE re #16 MOTION to Dismiss or to Transfer to Another District And for Summary Judgment in the Alternative MOTION for Summary Judgment MOTION to Transfer Case filed by TERESA ANN HARRIS. (Attachment: #1 Exhibits)(ztth) [Transferred from District of Columbia on 6/14/2022.]
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Filing 17
ORDER advising Plaintiff to respond by March 21, 2022, to Defendants' #16 Motion or risk dismissal of the case. Signed by Judge Timothy J. Kelly on 2/22/2022. (lctjk3) [Transferred from District of Columbia on 6/14/2022.]
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Filing 16
MOTION to Dismiss or to Transfer to Another District And for Summary Judgment in the Alternative by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Exhibit A, #4 Text of Proposed Order, #5 Certificate of Service)(Walker, Anna). Added MOTION for Summary Judgment, MOTION to Transfer Case on 2/17/2022 (ztth). [Transferred from District of Columbia on 6/14/2022.]
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Filing 15
Joint MOTION for Extension of Time to File Response/Reply by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES. (Attachments: #1 Text of Proposed Order)(Walker, Anna). Added MOTION to Modify on 2/16/2022 (ztth). [Transferred from District of Columbia on 6/14/2022.]
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MINUTE ORDER: In light of the Court's Minute Order on December 30, 2021, granting Defendants' #10 Motion for Extension of Time to answer or otherwise respond to Plaintiff's #1 Complaint, it is hereby ORDERED that Plaintiff's 12 Motion for Default Judgment is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 1/18/2022. (lctjk3) [Transferred from District of Columbia on 6/14/2022.]
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Filing 14
Memorandum in opposition to re 12 MOTION for Default Judgment as to "Defendant" and Reply to Plaintiff's Memorandum in Opposition to Motion for Extension of Time filed by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES. (Walker, Anna) [Transferred from District of Columbia on 6/14/2022.]
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Filing 13
REPLY to opposition to motion re #10 First MOTION for Extension of Time to File Answer or Otherwise Respond (Opposed) And Response in Opposition to Plaintiff's Motion for Default Judgment filed by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES. (Walker, Anna) [Transferred from District of Columbia on 6/14/2022.]
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Filing 12
MOTION for Default Judgment Against Defendants by TERESA ANN HARRIS. (See Docket Entry #11 to view document) (ztth) [Transferred from District of Columbia on 6/14/2022.]
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Filing 11
Memorandum in opposition to re #10 First MOTION for Extension of Time to File Answer or Otherwise Respond (Opposed) filed by TERESA ANN HARRIS. (ztth) [Transferred from District of Columbia on 6/14/2022.]
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MINUTE ORDER: It is hereby ORDERED, for good cause shown, that Defendants' #10 Motion for Extension of Time is GRANTED. Defendants shall answer or otherwise respond to Plaintiff's #1 Complaint by February 17, 2022. Signed by Judge Timothy J. Kelly on 12/30/2021. (lctjk3) [Transferred from District of Columbia on 6/14/2022.]
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Filing 10
First MOTION for Extension of Time to File Answer or Otherwise Respond (Opposed) by KAITLIN BIGGER, ALEJANDRO MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Walker, Anna) [Transferred from District of Columbia on 6/14/2022.]
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Filing 9
NOTICE of Appearance by Anna Davis Walker on behalf of All Defendants (Walker, Anna) [Transferred from District of Columbia on 6/14/2022.]
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MINUTE ORDER: The Court construes Plaintiff's #3 filing as a Motion for Leave to Proceed In Forma Pauperis and a Motion to Appoint Counsel. In light of Plaintiff's payment of the full $402 filing fee on October 22, 2021, it is hereby ORDERED that the #3 Motion for Leave to Proceed In Forma Pauperis is DENIED AS MOOT. Accordingly, it is further ORDERED that Plaintiff's #3 Motion to Appoint Counsel is DENIED because Plaintiff "is not proceeding in forma pauperis and therefore does not qualify for appointment of counsel from the Court's Civil Pro Bono Panel." Bickford v. Gov't of U.S., 808 F. Supp. 2d 175, 183 (D.D.C. 2011); see LCvR 83.11(b)(3). The Court notes that in a Title VII action such as this, the Court may appoint counsel "[u]pon application by the complainant and in such circumstances as the court may deem just." 42 U.S.C. 2000e-5(f)(1). In making this determination, courts consider "(1) the ability of the plaintiff to afford an attorney; (2) the merits of the plaintiff's case; (3) the efforts of the plaintiff to secure counsel; and (4) the capacity of the plaintiff to present the case adequately without aid of counsel." Ficken v. Alvarez, 146 F.3d 978, 979-80 (D.C. Cir. 1998) (quotation omitted). Here, the Plaintiff has not addressed these factors or shown that such an appointment is warranted, especially given that she is not proceeding in forma pauperis. Signed by Judge Timothy J. Kelly on 12/1/2021. (lctjk3) [Transferred from District of Columbia on 6/14/2022.]
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Filing 3
MOTION to Appoint Counsel by TERESA ANN HARRIS. (Attachment: #1 USCA Order)(ztth) [Transferred from District of Columbia on 6/14/2022.]
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Filing 8
AFFIDAVIT of Mailing by TERESA ANN HARRIS. (ztth) [Transferred from District of Columbia on 6/14/2022.]
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Filing 7
AFFIDAVIT of Mailing by TERESA ANN HARRIS. (See Docket Entry #6 to view document) (ztth) [Transferred from District of Columbia on 6/14/2022.]
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Filing 6
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/3/2021. Answer due for ALL FEDERAL DEFENDANTS by 1/2/2022. (ztth) [Transferred from District of Columbia on 6/14/2022.]
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Filing 5
NEW Request Regarding Pro Se Consent To Receive Notices of Electronic Filing by TERESA ANN HARRIS (ztth) [Transferred from District of Columbia on 6/14/2022.]
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Filing 4
NOTICE by TERESA ANN HARRIS (Attachment: #1 Exhibit)(ztth) Modified Date Filed on 11/24/2021 (ztth). [Transferred from District of Columbia on 6/14/2022.]
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Filing 2
STANDING ORDER: See Order for details. Signed by Judge Timothy J. Kelly on 10/27/2021. (lctjk3) [Transferred from District of Columbia on 6/14/2022.]
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Filing 1
COMPLAINT against KAITLIN BIGGER, ALEJANDRO N. MAYORKAS, OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, MICHELLE PERRY, STEPHANIE SAWYER, LETITIA YATES (Filing fee $ 402, receipt number 200842) with Jury Demand filed by TERESA ANN HARRIS. (Attachments: #1 Exhibit - Attachment, #2 Civil Cover Sheet) (ztth); Modified on 10/25/2021 (ztth). [Transferred from District of Columbia on 6/14/2022.]
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SUMMONS (3) Issued as to ALEJANDRO N. MAYORKAS, U.S. Attorney and U.S. Attorney General, Summons Issued as to ALEJANDRO N. MAYORKAS. (ztth) [Transferred from District of Columbia on 6/14/2022.]
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