BRIGIDA v. UNITED STATES DEPARTMENT OF TRANSPORTATION et al
| BRIGIDA, ANDREW J. BRIGIDA, POLLYANNA L. WANG, SUZANNE M. REBICH, MATTHEW L. DOUGLAS-COOK and LUCAS K. JOHNSON |
| UNITED STATES DEPARTMENT OF TRANSPORTATION, U.S. DEPARTMENT OF TRANSPORTATION, ANTHONY R FOXX, FEDERAL AVIATION ADMINISTRATION, MICHAEL P. HUERTA, STEPHANIE JONES, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, JENNY R. YANG and ELAINE CHAO |
| 1:2016cv02227 |
| November 7, 2016 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 88888 |
| Tanya S Chutkan |
| Dabney L Friedrich |
| 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 11, 2023. A more recent docket listing may be available from PACER.
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NOTICE OF ERROR The following error(s) need correction: Notice of withdrawal must be signed and filed by the withdrawing attorney and signed by the party/parties represented (LCvR 83.6(b)). (zed)
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Minute Entry for proceedings held before Judge Dabney L. Friedrich: Status Conference held on 7/11/2023. (Court Reporter Sara Wick.) (zjch, )
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Set/Reset Deadlines: Discovery due by 8/12/2024. Expert Discovery due by 2/10/2025. the FAA shall certify that it has substantially completed its document production due by 1/12/2024. Rebuttal due by 12/27/2024. Plaintiff Rule 26(a)(2) due by 9/26/2024. Defendant Rule 26(a)(2) due by 11/12/2024. Summary Judgment motions due by 4/11/2025. Response to Motion for Summary Judgment due by 5/27/2025. Reply to Motion for Summary Judgment due by 6/26/2025. (zjch, )
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Filing 183
ENTERED IN ERROR.....NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney Erin M. Erhardt terminated. (Nation, Donald) Modified on 7/13/2023 (zed).
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MINUTE ORDER. Consistent with the discussion during today's hearing, it is ORDERED that the following schedule shall govern further proceedings: the FAA shall certify that it has substantially completed its document production on or before January 12, 2024; fact discovery shall close on or before August 12, 2024; the plaintiffs shall serve expert reports on or before September 26, 2024; the defendant shall serve expert reports on or before November 12, 2024; the plaintiffs shall serve any rebuttal expert reports on or before December 27, 2024; and expert discovery shall close on or before February 10, 2025. It is further ORDERED that the parties shall file any motions for summary judgment on or before April 11, 2025; the parties shall file any oppositions to motions for summary judgment on or before May 27, 2025; and the parties shall file any replies on or before June 26, 2025. So Ordered by Judge Dabney L. Friedrich on July 11, 2023. (lcdlf3)
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Filing 182
NOTICE OF SUBSTITUTION OF COUNSEL by James C. McGlinchy on behalf of ELAINE CHAO Substituting for attorney Michael Leon Drezner (McGlinchy, James)
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Filing 181
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Nation, Donald)
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Filing 180
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nation, Donald)
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Filing 179
NOTICE of Appearance by Donald Sean Nation on behalf of ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK (Nation, Donald)
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Filing 178
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Donald Sean Nation, Filing fee $ 100, receipt number ADCDC-10113335. Fee Status: Fee Paid. by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Declaration of Donald Sean Nation, #2 Attachment 1 - Certificate of Good Standing - Georgia, #3 Attachment 2 - Certificate of Good Standing - NY, #4 Text of Proposed Order)(Trachman, William) Modified on 6/6/2023 to add payment information (zjm).
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MINUTE ORDER granting plaintiffs' #178 Motion Requesting Admission of Attorney Donald Sean Nation to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 6, 2023. (lcdlf3)
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MINUTE ORDER. Upon consideration of the plaintiffs' #177 Motion for Admission of Attorney D. Sean Nation to Appear Pro Hac Vice, the motion is DENIED. The motion does not comply with Local Civil Rule 83.2(c)(2). The applicant has not filed a certificate of the court or bar for the state in which he regularly practices that has been issued within 30 days of filing and that states he is a member in good standing of the bar of that state court. So Ordered by Judge Dabney L. Friedrich on June 5, 2023. (lcdlf3)
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Filing 177
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- D. Sean Nation, Filing fee $ 100, receipt number ADCDC-10113335. Fee Status: Fee Paid. by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Declaration Declaration of D. Sean Nation, #2 Text of Proposed Order)(Trachman, William)
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NOTICE of Hearing:Status Conference set for 7/11/2023 at 1:00 PM via video before Judge Dabney L. Friedrich. (zjch, )
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Filing 176
NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney Zhonette M. Brown terminated. (Trachman, William)
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Set/Reset Deadlines: Status Report due by 6/26/2023 and 7/5/2023 (zjch, )
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MINUTE ORDER. Upon consideration of the parties' #175 Joint Status Report, it is ORDERED that the status conference set for May 9, 2023 is rescheduled to the week of July 10, 2023, for a date and a time that is convenient for the parties and the Court. The Courtroom Deputy will contact the parties to schedule the July status hearing. It is further ORDERED that the parties shall file, on or before July 5, 2023, a joint status report updating the Court on the status of any remaining discovery-related issues and proposing revised fact discovery deadlines. The Court is inclined to extend the fact discovery deadlines set in its Scheduling Order and will do so upon consideration of the joint status report. With respect to the additional APT Metrics documents that the plaintiffs seek, if the parties are unable to resolve their remaining issues, they shall file on or before June 26, 2023 a joint status report that outlines, with legal authority, their respective positions on the remaining APT Metrics documents issues. This status report shall be no more than 16 pages (8 per side). So Ordered by Judge Dabney L. Friedrich on April 27, 2023. (lcdlf3)
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Filing 175
Joint STATUS REPORT by Plaintiffs and by ELAINE CHAO. (Attachments: #1 Exhibit A)(Thorp, Galen)
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Filing 174
ORDER granting the parties' #173 Joint Motion for Entry of Second Amended Protective Order. See text for details. Signed by Judge Dabney L. Friedrich on March 13, 2023. (lcdlf3)
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NOTICE of Hearing: Status Conference set for 5/9/2023 at 10:00 AM via ZOOM before Judge Dabney L. Friedrich. (zjch, )
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Filing 173
Joint MOTION for Protective Order by ELAINE CHAO. (Attachments: #1 Text of Proposed Order)(Thorp, Galen)
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Set/Reset Deadlines: Status Report due by 4/23/2023 (zjch, )
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MINUTE ORDER. Upon consideration of the parties' #172 Joint Status Report, it is ORDERED that the parties shall continue to engage in good faith discussions in an attempt to resolve the discovery issues they have identified. It is further ORDERED that the parties shall submit, on or before April 23, 2023, another joint status report that provides a clear, concise description of any remaining issues in dispute, along with a summary of each party's position on each issue. The Court will address those issues during a telephonic conference that the Courtroom Deputy will schedule for May 9 or 10, 2023. So Ordered by Judge Dabney L. Friedrich on March 9, 2023. (lcdlf3)
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Filing 172
Joint STATUS REPORT by ELAINE CHAO. (Thorp, Galen)
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Set/Reset Deadlines: Joint Status Report due by 3/8/2023. (zsmc)
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MINUTE ORDER. Upon consideration of the parties' #170 Joint Status Report, it is ORDERED that the parties shall continue to confer in good faith in an attempt to resolve the discovery issues that they identified in the report. It is further ORDERED that the parties shall submit another joint status report on or before March 8, 2023. After receiving that report, the Court will hold a discovery status hearing, if necessary, to resolve any discovery issues properly presented by the parties for judicial resolution. So Ordered by Judge Dabney L. Friedrich on February 2, 2023. (lcdlf3)
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Filing 171
REPLY to opposition to motion re #164 MOTION for Attorney Fees (Plaintiffs' R 37 Fees Motion) filed by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Erhardt, Erin)
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Filing 170
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Erhardt, Erin)
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RESOLVED...NOTICE of Provisional/Government Not Certified Status re #168 Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/8/2023. (zbaj) Modified on 2/6/2023 (zbaj).
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Filing 169
REPLY to opposition to motion re #164 MOTION for Attorney Fees (Plaintiffs' R 37 Fees Motion) filed by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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Filing 168
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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Filing 167
RESPONSE re #164 MOTION for Attorney Fees (Plaintiffs' R 37 Fees Motion) filed by ELAINE CHAO, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: #1 Text of Proposed Order)(Drezner, Michael)
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Set/Reset Deadlines: Status Report due by 1/31/2023 (zjch, )
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Filing 166
Consent MOTION for Extension of Time to File Response/Reply by ELAINE CHAO, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: #1 Text of Proposed Order)(Drezner, Michael)
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Filing 165
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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MINUTE ORDER. Upon consideration of the defendant's #166 Consent Motion for Extension of Time to Respond to Plaintiffs' Motion for Payment of Expenses, it is ORDERED that the motion is GRANTED. The defendant shall file any response to the plaintiffs' #164 Motion for Payment of Expenses on or before January 24, 2023. So Ordered by Judge Dabney L. Friedrich on December 22, 2022. (lcdlf3)
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MINUTE ORDER. Upon consideration of the parties' #165 Joint Status Report, it is ORDERED that the parties shall continue to confer in good faith in an attempt to resolve the discovery issues that they identified in the report. It is further ORDERED that the parties shall submit another joint status report on or before January 31, 2023. After receiving that report, the Court will hold a discovery status hearing, if necessary, to resolve any remaining issues. So Ordered by Judge Dabney L. Friedrich on December 22, 2022. (lcdlf3)
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Filing 164
MOTION for Attorney Fees (Plaintiffs' R 37 Fees Motion) by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Exhibit 1 - July 5, 2022 Email from Z. Brown, #2 Exhibit 2 - Z. Brown Declaration, #3 Exhibit Attach A to Z. Brown Declaration, #4 Text of Proposed Order Exhibit 3)(Brown, Zhonette)
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Filing 163
NOTICE of Appearance by Hilarie Elise Snyder on behalf of ELAINE CHAO (Snyder, Hilarie)
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MINUTE ORDER. Upon consideration of the parties' #162 Joint Status Report, it is ORDERED that the parties shall continue to confer in good faith in an attempt to resolve the discovery issues that they identified in the report. It is further ORDERED that the parties shall submit another joint status report on or before December 23, 2022. After receiving that report, the Court will hold a status hearing, if necessary, to resolve any remaining issues. So Ordered by Judge Dabney L. Friedrich on October 25, 2022. (lcdlf3)
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Filing 162
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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Filing 161
ORDER regarding the plaintiffs' #157 Motion to Compel. See text for details. Signed by Judge Dabney L. Friedrich on September 6, 2022. (lcdlf2)
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Filing 160
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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Filing 159
REPLY to opposition to motion re #157 MOTION to Compel Production of Responsive Documents Created in 2015-2016 filed by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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Filing 158
Memorandum in opposition to re #157 Motion to Compel,,,,, filed by ELAINE CHAO. (Attachments: #1 Exhibit 1 (Declaration), #2 Text of Proposed Order)(Thorp, Galen)
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Filing 157
MOTION to Compel by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Exhibit 1-Plaintiffs RFPD (March 4, 2022), #2 Exhibit 2-NBCFAE Historical Journal Excerpt, 2009, #3 Exhibit 3-FOIA Request from NBCFAE to FAA (May 12, 2011), #4 Exhibit 4-FAA Response to FOIA Request (September 9, 2011), #5 Exhibit 5-APT Metrics Contract Modification, #6 Exhibit 6-FAA Interim Process Development-Tech Doc FINAL (1.2015), #7 Exhibit 7-Email re Coordination on Investigation and Email re Audit, #8 Exhibit 8-Letter from. M. Huerta to Rep. LoBiondo (August 21, 2015), #9 Exhibit 9-Emails regarding Hiring Process (6.10.15 and 6.18.15), #10 Exhibit 10-ATC Reform News - Excerpt (January 7, 2015), #11 Exhibit 11-IRP Update (January 8, 2015), #12 Exhibit 12-Assoc. of Collegiate Training Institutions, ATC Hiring, #13 Exhibit 13-Emails regarding 2016 Proposed Legislation (4.19.16 and 4.1.16), #14 Exhibit 14-Emails regarding 2016 Proposed Legislation - Veterans, #15 Exhibit 15-APT Metrics Contract Modification excerpt (Mar. 2016 Mar. 2017), #16 Exhibit 16-Studies of Next Generation ATC Specialists II (excerpt), #17 Exhibit 17-Report of Investigation - Excerpt, #18 Exhibit 18-FAA Response to 1st Merits RFPs (April 18, 2022), #19 Exhibit 19-FAAs Second RFPD (July 6, 2022), #20 Exhibit 20-FAAs Response to First Set of Interrog (May 17, 2022))(Brown, Zhonette)
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MINUTE ORDER. The Court is in receipt of an email from the parties detailing their discovery dispute pursuant to the Court's June 27, 2022 Order. Upon review of that email, the Court agrees with the parties that the issue should be briefed. The plaintiffs shall file a brief in support of their discovery request on or before July 21, 2022; the defendant shall respond on or before August 4, 2022; and the plaintiffs shall reply on or before August 11, 2022. The briefs shall not exceed 10 pages. No extensions shall be granted absent extraordinary circumstances. So Ordered by Judge Dabney L. Friedrich on July 6, 2022. (lcdlf2)
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MINUTE ORDER. Upon consideration of the parties' #156 Joint Status Report, it is ORDERED that the parties shall jointly email the Court (at Friedrich_Chambers@dcd.uscourts.gov), providing a clear, concise description of the issues in dispute. The Court will then determine whether full briefing is necessary. So Ordered by Judge Dabney L. Friedrich on June 27, 2022. (lcdlf2)
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Filing 156
Joint STATUS REPORT by ANDREW J. BRIGIDA. (Brown, Zhonette)
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Filing 155
NOTICE of Appearance by Erin M. Erhardt on behalf of ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK (Erhardt, Erin)
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Filing 154
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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Filing 153
TRANSCRIPT OF ORAL RULING before Judge Dabney L. Friedrich held on 02/01/2022. Page Numbers: 1-24. Date of Issuance: 03/23/2022. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the #Transcript Order FormFor 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 4/13/2022. Redacted Transcript Deadline set for 4/23/2022. Release of Transcript Restriction set for 6/21/2022.(Wick, Sara)
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Filing 152
TRANSCRIPT OF MOTION HEARING (held via teleconference) before Judge Dabney L. Friedrich held on 01/13/2022. Page Numbers: 1-82. Date of Issuance: 02/21/2022. Stenographic Court Reporter: Nancy J. Meyer. Telephone Number: 202-354-3118. Transcripts may be ordered by submitting the |
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Filing 151
SCHEDULING ORDER. See text for details. Signed by Judge Dabney L. Friedrich on February 23, 2022. (lcdlf2)
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Filing 150
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Text of Proposed Order)(Brown, Zhonette)
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MINUTE ORDER. Before the Court are the defendant's #148 Proposal Regarding Notice of Pendency of Class Action and the plaintiffs' #149 Proposal Regarding Notice of Pendency of Class Action. For the following reasons, the Court approves the defendant's proposed modifications to the plaintiffs' proposed notice form, reflected in the defendant's [148-1] Proposed Notice of Pendency of Class Action. The Court rejects the plaintiffs' proposal to invite absent class members to waive compensatory damages and thus forego a binding jury verdict in the liability phase for two reasons: First, the plaintiffs have not effectively withdrawn the jury demand asserted in their initial complaint, see #1 Complaint at 24, and first and second amended complaints, see #18 First Amended Complaint at 26, #26 Second Amended Complaint at 26. Even though the current #114 Fourth Amended Complaint does not contain a jury demand, "the failure to re-state the jury demand" does not constitute a waiver of that demand. See WMATA v. Aon Risk Servs., Inc. of Maryland, No. 11-cv-95, 2013 WL 12324189, at *2 (D.D.C. May 20, 2013). And the defendant has not consented to the withdrawal of the jury demand, as is required under Fed. R. Civ. P. 38(d) for a withdrawal to be effective. Accordingly, a subset of absent class members cannot unilaterally forego a jury trial in the liability phase. Second, the Court is concerned that allowing some class members to waive compensatory damages, and thus a jury trial on liability, while others proceed by way of jury trial, will render the representation of the class inadequate. The Court also rejects the plaintiffs' proposal that the Court determine the availability of backpay in the certified stage because the Court ordered only the certification of an issues class under Rules 23(b)(2) and (c)(4) for a determination of liability and declaratory and injunctive relief. See #146 Order at 1. Whether or not individual class members can receive backpay will be determined on an individualized basis at a later stage if there is a finding of liability. Id. The Court agrees with the defendant that the notice must make clear that individual equitable relief will be determined on an individualized basis, and that the notice must refer only to the Biographical Questionnaire when discussing the allegedly racially biased hiring process. The Court also approves the plaintiffs' [149-3] Class Notice Process, and the 30-day opt-in period, as reflected in the plaintiffs' [149-2] Opt-Out Form. So Ordered by Judge Dabney L. Friedrich on February 22, 2022. (lcdlf2)
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Filing 149
NOTICE of Plaintiffs' Proposal regarding Notice of Pendency of Class Action by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK (Attachments: #1 Exhibit Exhibit 1 - Draft Class Notice, #2 Exhibit Exhibit 2 - Opt-Out Form, #3 Exhibit Exhibit 3 - Class Notice Process, #4 Text of Proposed Order Proposed Order)(McDonald, David)
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Filing 148
NOTICE of Defendant's Proposal regarding Notice of Pendency of Class Action by ELAINE CHAO (Attachments: #1 Exhibit A, #2 Exhibit B)(Thorp, Galen)
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Filing 147
Consent MOTION for Extension of Time to File Proposals Regarding Notice to Class by ELAINE CHAO. (Attachments: #1 Text of Proposed Order)(Thorp, Galen)
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MINUTE ORDER granting the defendant's #147 Consent Motion for Extension of Time to File Proposals Regarding Notice to Class. The parties shall submit, on or before February 18, 2022, an agreed proposal for the text and form of a Notice of Pendency of Class Action; if an agreement is not reached, the parties shall submit their respective proposals on or before that date. So Ordered by Judge Dabney L. Friedrich on February 15, 2022. (lcdlf2)
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Filing 146
ORDER granting the plaintiffs' #139 Motion for Class Certification. See text for details. Signed by Judge Dabney L. Friedrich on February 1, 2022. (lcdlf2)
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Minute Order. Proceedings held before Judge Dabney L. Friedrich: granting #139 Motion to Certify Class; Motion Hearing held on 2/1/2022 re #139 MOTION to Certify Class filed by MATTHEW L. DOUGLAS-COOK, ANDREW J. BRIGIDA. Court Reporter Sara Wick. (zjch, )
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NOTICE of Hearing: Motion Hearing set for 2/1/2022 at 10:15 AM in Telephonic/VTC before Judge Dabney L. Friedrich. (zjch, )
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Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 1/13/2022 re #139 MOTION to Certify Class filed by MATTHEW L. DOUGLAS-COOK, ANDREW J. BRIGIDA. Court Reporter Nancy Meyer. (zjch, )
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Set/Reset Hearings: Motion Hearing set for 1/13/2022 at 1:00 PM via video before Judge Dabney L. Friedrich. (zjch, )
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MINUTE ORDER. Upon consideration of the parties' #145 Joint Motion for Extension of Time, it is ORDERED that the parties shall confer pursuant to Rule 26 of the Federal Rules of Civil Procedure and file, within 21 days after the Court rules on the plaintiffs' #139 Motion for Class Certification, a joint status report proposing a schedule for discovery. So Ordered by Judge Dabney L. Friedrich on December 9, 2021. (lcdlf2)
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Filing 145
Joint MOTION for Extension of Time to File Joint Status Report by ELAINE CHAO. (Attachments: #1 Text of Proposed Order)(Thorp, Galen)
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Filing 144
NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney Corey Christopher Bartkus terminated. (Brown, Zhonette)
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NOTICE of Hearing: Motion Hearing set for 12/10/2021 at 10:00 AM via video before Judge Dabney L. Friedrich. (zjch, )
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Filing 143
REPLY to opposition to motion re #139 MOTION to Certify Class filed by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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Filing 142
ERRATA Additional Exhibits by ELAINE CHAO re #141 Memorandum in Opposition filed by ELAINE CHAO. (Attachments: #1 Exhibit P-Z, #2 Exhibit AA-II)(Thorp, Galen)
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Filing 141
Memorandum in opposition to re #139 MOTION to Certify Class filed by ELAINE CHAO. (Attachments: #1 Exhibit A-O, #2 Text of Proposed Order)(Thorp, Galen)
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MINUTE ORDER. Upon consideration of the defendant's #140 Consent Motion for Extension of Time, it is ORDERED that the motion is GRANTED. The defendant shall file an opposition to the plaintiffs' #139 Motion for Class Certification on or before October 26, 2021. The plaintiffs shall file a reply brief in support of their motion on or before November 18, 2021. The parties shall confer pursuant to Federal Rule of Civil Procedure 26 and file, on or before December 10, 2021, a joint status report proposing a schedule for discovery. So Ordered by Judge Dabney L. Friedrich on October 14, 2021. (lcdlf2)
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Set/Reset Deadlines: Status Report due by 12/10/2021 (zjch)
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Filing 140
Consent MOTION for Extension of Time to File Response/Reply as to #139 MOTION to Certify Class by ELAINE CHAO. (Attachments: #1 Text of Proposed Order)(Thorp, Galen)
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Filing 139
MOTION to Certify Class by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Exhibit 1 History of the AT-CTI Program, 1991-2016, #2 Exhibit 2 AT-CTI FAQs, #3 Exhibit 3 AT-SAT SOPs, #4 Exhibit 4 New Hiring Training Report, #5 Exhibit 5 2013 AT-SAT Utility, #6 Exhibit 6 Barrier Analysis (excerpts), #7 Exhibit 7 Extension to Barrier Analysis (excerpts), #8 Exhibit 8 2013 AT-SAT Validation, #9 Exhibit 9 2007 AT-SAT Validation, #10 Exhibit 10 R. Mitchell Decl, #11 Exhibit 11 FAA Independent Review Panel on the Selection, #12 Exhibit 12 2013 ATC Hiring Plan, #13 Exhibit 13 CTI Success, #14 Exhibit 14 2000 Task Force Business Case, #15 Exhibit 15 NBCFAE Team 7 Talking Points, #16 Exhibit 16 Rainbow Push-NBCFAE Meeting Agenda (LaHood), #17 Exhibit 17 April 17, 2012 M. Huerta Agenda, #18 Exhibit 18 Bristol-Cannon Test., #19 Exhibit 19 FAA Statement on the Barrier Analysis, #20 Exhibit 20 BA Presentation, #21 Exhibit 21 R. Coates Decl., #22 Exhibit 22 Teixeira Email, #23 Exhibit 23 P. White Dep. Tr. excerpts, #24 Exhibit 24 J. Scott (APTMetrics) Nov. 2013 Email, #25 Exhibit 25 Biographical Questionnaire, #26 Exhibit 26 Jan 17 2014 Doc for Aviator Change, #27 Exhibit 27 Vacancy Announcement, #28 Exhibit 28 A. Brigida Decl., #29 Exhibit 29 M. Douglas-Cook Decl., #30 Exhibit 30 Brigida EEO Compl., #31 Exhibit 31 A. Brigida Email to V. Latham, #32 Exhibit 32 Directive 310, #33 Exhibit 33 Perdue Initial Expert Report, #34 Exhibit 34 M. Douglas-Cook Email to Fox News, #35 Exhibit 35 Brown Resume, #36 Exhibit 36 W. Trachman Resume, #37 Exhibit 37 Pearson Resume, #38 Exhibit 38 Notice Plan, #39 Text of Proposed Order)(Brown, Zhonette)
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Filing 138
ORDER. In the #130 Memorandum Opinion of May 12, 2021, the Court noted that this opinion would be updated to include citations to the final hearing transcript from the April 21, 2021 motions hearing once it became available. The Court is now in receipt of that transcript. Accordingly, attached is an updated version of the #130 Memorandum Opinion that includes those citations. The Clerk of Court is directed to update the docket accordingly. So Ordered by Judge Dabney L. Friedrich on August 25, 2021.
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Set/Reset Deadlines: Status Report due by 11/16/2021 (zjch)
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MINUTE ORDER. Upon consideration of the parties' #137 Joint Motion for Extension of Time, it is ORDERED that the motion is GRANTED. The parties shall confer pursuant to Federal Rule of Civil Procedure 26 and file, on or before November 16, 2021, a joint status report proposing a schedule for discovery. So Ordered by Judge Dabney L. Friedrich on August 20, 2021. (lcdlf2)
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Filing 137
Joint MOTION for Extension of Time to Submit Joint Rule 26 Status Report by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Text of Proposed Order)(Brown, Zhonette)
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Filing 136
STIPULATION Regarding Expert Witness Disclosure by ELAINE CHAO. (Thorp, Galen)
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Filing 135
STIPULATION Regarding Remote Depositions by ELAINE CHAO. (Thorp, Galen)
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Filing 134
TRANSCRIPT OF MOTION HEARING before Judge Dabney L. Friedrich held on 04/21/2021. Page Numbers: 1-64. Date of Issuance: 06/14/2021. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the #Transcript Order FormFor 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 7/5/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/12/2021.(Wick, Sara)
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Set/Reset Deadlines: Expert Discovery in support of class certification due by 6/10/2021. Expert disclosures in opposition to class certification due by 7/23/2021. Motions due by 9/10/2021. Responses due by 10/15/2021 Replies due by 10/29/2021. Status Report due by 8/27/2021 (zjch)
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Filing 133
ANSWER to #114 Amended Complaint by ELAINE CHAO.(Thorp, Galen)
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MINUTE ORDER. Upon consideration of the parties' #132 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the plaintiffs shall provide any expert disclosures in support of class certification on or before June 10, 2021; the defendant shall provide any expert disclosures in opposition to class certification on or before July 23, 2021; the plaintiffs shall file their motion for class certification on or before September 10, 2021; the defendant shall file its opposition on or before October 15, 2021; and the plaintiffs shall file any reply on or before October 29, 2021. As proposed, the parties shall confer pursuant to Rule 26 of the Federal Rules of Civil Procedure and file, on or before August 27, 2021, a joint status report proposing a schedule for discovery. The Court will set a schedule for merits discovery once it resolves the plaintiffs' motion for class certification. So Ordered by Judge Dabney L. Friedrich on June 2, 2021. (lcdlf2)
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Filing 132
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brown, Zhonette)
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Filing 131
Unopposed MOTION for Extension of Time to File Answer re #114 Amended Complaint by ELAINE CHAO. (Attachments: #1 Text of Proposed Order)(Thorp, Galen)
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MINUTE ORDER granting the defendants' #131 Unopposed Motion for Extension of Time to Answer Amended Complaint. The defendants shall answer the plaintiffs' amended complaint on or before June 2, 2021. So Ordered by Judge Dabney L. Friedrich on May 25, 2021. (lcdlf2)
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MINUTE ORDER. The parties shall file a joint status report on or before May 31, 2021 that proposes a schedule for further proceedings. So Ordered by Judge Dabney L. Friedrich on May 17, 2021. (lcdlf2)
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Set/Reset Deadlines: Status Report due by 5/31/2021 (zjch)
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Filing 130
MEMORANDUM OPINION regarding the defendant's #119 Motion to Dismiss the Plaintiffs' Fourth Amended Complaint in Part. See text for details. Signed by Judge Dabney L. Friedrich on May 12, 2021. (lcdlf2) (Main Document 130 replaced on 8/26/2021) (zjch, ).
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Filing 129
ORDER denying the defendant's #119 Motion to Dismiss Plaintiffs' Fourth Amended Complaint in Part. See text for details. Signed by Judge Dabney L. Friedrich on May 12, 2021. (lcdlf2)
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Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 4/21/2021 re #119 MOTION to Dismiss Fourth Amended Complaint in Part filed by ELAINE CHAO. Court Reporter Sara Wick. (zjch)
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Filing 128
NOTICE of Appearance by William Edward Trachman on behalf of ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK (Trachman, William)
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NOTICE of Hearing: Motion Hearing set for 4/21/2021 at 10:00 AM in Telephonic/VTC before Judge Dabney L. Friedrich. (zjch)
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MINUTE ORDER. Upon consideration of the parties' #127 Joint Status Report, it is ORDERED that, on or before March 26, 2021, the defendant may serve on the plaintiffs a Rule 34 request for production of documents that the plaintiffs have received from the FAA Air Traffic CTI schools in response to their subpoenas. The plaintiffs shall not serve any third party subpoenas on entities other than the CTI schools until the Court authorizes merits discovery. Finally, the Court will set a briefing schedule for the plaintiffs' motion to certify a class once it resolves the pending motion to dismiss. So Ordered by Judge Dabney L. Friedrich on March 18, 2021. (lcdlf2)
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Set/Reset Deadlines: a Rule 34 request for production of documents that the plaintiffs have received from the FAA Air Traffic CTI schools in response to their subpoenas due by 3/26/2021. (zjch)
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Filing 127
Joint STATUS REPORT by ANDREW J. BRIGIDA. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Bartkus, Corey)
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Filing 126
NOTICE of Appearance by Corey Christopher Bartkus on behalf of ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK (Bartkus, Corey)
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Filing 125
TRANSCRIPT OF MOTION HEARING before Judge Dabney L. Friedrich held on 05/23/2018. Page Numbers: 1-21. Date of Issuance: 02/04/2021. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the #Transcript Order FormFor 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 2/25/2021. Redacted Transcript Deadline set for 3/7/2021. Release of Transcript Restriction set for 5/5/2021.(Wick, Sara)
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MINUTE ORDER granting the plaintiffs' #124 Motion for Admission Pro Hac Vice of Attorney Corey C. Bartkus. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on January 29, 2021. (lcdlf2)
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Filing 124
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Corey C. Bartkus, Filing fee $ 100, receipt number ADCDC-8124928. Fee Status: Fee Paid. by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Declaration of Corey C. Bartkus, #2 Text of Proposed Order)(Brown, Zhonette)
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Set/Reset Deadlines: Status Report due by 3/12/2021 (zjch)
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MINUTE ORDER. Upon consideration of the parties' #123 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 12, 2021. So Ordered by Judge Dabney L. Friedrich on January 25, 2021. (lcdlf2)
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Filing 123
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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Set/Reset Deadlines: Confer regarding any outstanding discovery issues due by 1/22/2021. (zjch)
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MINUTE ORDER. Upon consideration of the parties' #122 Joint Motion for Extension of Time for Parties to Confer, it is ORDERED that the motion is GRANTED. On or before January 22, 2021, the parties shall confer regarding any outstanding discovery issues. So Ordered by Judge Dabney L. Friedrich on January 6, 2021. (lcdlf2)
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Filing 122
Joint MOTION for Extension of Time to Complete Discovery and Parties to Confer by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK (Attachments: #1 Text of Proposed Order)(Brown, Zhonette)
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Filing 121
REPLY to opposition to motion re #119 MOTION to Dismiss Fourth Amended Complaint in Part filed by ELAINE CHAO. (Thorp, Galen)
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Filing 120
RESPONSE re #119 MOTION to Dismiss Fourth Amended Complaint in Part filed by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Attachments: #1 Text of Proposed Order)(Brown, Zhonette)
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Filing 119
MOTION to Dismiss Fourth Amended Complaint in Part by ELAINE L. CHAO (Attachments: #1 Exhibit 1-16, #2 Text of Proposed Order)(Thorp, Galen)
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Filing 118
ENTERED IN ERROR. . . . .REQUEST for Production of Documents by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK.(Brown, Zhonette) Modified on 11/13/2020 (ztd).
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NOTICE OF CORRECTED DOCKET ENTRY: re #118 Request for Production of Documents was entered in error per counsel. Discovery is not filed with the court. (ztd)
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Filing 117
NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. Attorney Brian Gregg Sheldon terminated. (Brown, Zhonette)
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Filing 116
ORDER granting the parties' #115 Joint Motion for Amended Protective Order. See text for details. Signed by Judge Dabney L. Friedrich on November 2, 2020. (lcdlf2)
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Filing 115
Joint MOTION for Protective Order (Amended) by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK (Attachments: #1 Text of Proposed Order [Proposed] Amended Protective Order)(Brown, Zhonette)
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Filing 114
AMENDED COMPLAINT (FOURTH AMENDED AND SUPPLEMENTAL CLASS ACTION COMPLAINT) against ELAINE L. CHAO filed by MATTHEW L. DOUGLAS-COOK, ANDREW J. BRIGIDA.(Brown, Zhonette)
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Set/Reset Deadlines: Dispositive Motions due by 11/3/2020. Response to Dispositive Motions due by 12/3/2020. Reply to Dispositive Motions due by 12/14/2020. Attorney Meet and Confer Conference due by 1/6/2021. Motions due by 10/30/2020. (zjch)
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MINUTE ORDER. Upon consideration of the parties' #113 Joint Status Report, the Court adopts the following schedule: on or before October 30, 2020, the parties shall file a motion for an amended protective order; on or before November 13, 2020, the defendant shall file a motion to dismiss; on or before December 3, 2020, the plaintiffs shall file any opposition; and on or before December 14, 2020, the defendant shall file any reply. After the Court reviews the parties' briefs, it will determine whether a hearing on the motion is necessary. In addition, on or before January 6, 2021, the parties shall confer regarding any outstanding discovery issues; thereafter, before filing a motion to compel, the parties shall jointly email the Court (at Friedrich_Chambers@dcd.uscourts.gov), providing a clear, concise description of the issues in dispute and proposing dates and times for a teleconference. Counsel shall not file any discovery related motions without a prior telephone conference with the Court and opposing counsel. So Ordered by Judge Dabney L. Friedrich on October 26, 2020. (lcdlf2) Modified text on 10/26/2020 (zjch).
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Filing 113
Joint STATUS REPORT by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK. (Brown, Zhonette)
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Set/Reset Deadlines: Amended Pleadings due by 10/27/2020. Status Report due by 10/23/2020 (zjch)
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Filing 112
ORDER granting in part and denying in part plaintiffs' #99 Motion to Amend the Complaint, and denying defendant's 106 Motion to Strike Class Claims. See text for details. Signed by Judge Dabney L. Friedrich on October 12, 2020. (lcdlf2) Modified to reflect "Order" on 10/13/2020 (zjch).
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Filing 111
ERRATA by ELAINE L. CHAO #109 Reply to opposition to Motion filed by ELAINE L. CHAO. (Attachments: #1 Revised Reply in Support of Motion to Strike Class Claim)(Thorp, Galen)
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Filing 110
NOTICE (SUGGESTION OF NON-CONFORMANCE WITH LCVR 5.1(D) by ANDREW J. BRIGIDA re #109 Reply to opposition to Motion (Brown, Zhonette)
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Filing 109
REPLY to opposition to motion re 106 MOTION to Strike #68 Amended Complaint filed by ELAINE L. CHAO. (Thorp, Galen)
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Filing 108
Memorandum in opposition to re 106 MOTION to Strike #68 Amended Complaint filed by ANDREW J. BRIGIDA. (View Docket Entry #107 to view document. (eg)
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Filing 107
REPLY to opposition to motion re #99 MOTION to Amend/Correct (Reply in Support of Plaintiffs' Motion for Leave to File Fourth Amended Class Action Complaint AND Opposition to Motion to Strike Class Claim) filed by ANDREW J. BRIGIDA. (Brown, Zhonette)
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Filing 106
MOTION to Strike Class Claims re #68 Third Amended Complaint by ELAINE L. CHAO. (See Docket Entry #105 to view document). (znmw)
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Filing 105
Memorandum in opposition to re #99 MOTION to Amend/Correct and Alternatively Motion to Strike Class Claims filed by ELAINE L. CHAO. (Attachments: #1 Exhibit 1-12, #2 Exhibit 13-39, #3 Text of Proposed Order)(Thorp, Galen)
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Set/Reset Deadlines: Cross Motions due by 6/5/2020. Response to Cross Motions due by 6/26/2020. Reply to Cross Motions due by 7/10/2020. Responses due by 6/5/2020 Replies due by 6/26/2020. (zjch)
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MINUTE ORDER. Upon consideration of the defendant's #102 Unopposed Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the defendant shall file her opposition to the plaintiffs' #99 Motion to Amend, along with any cross-motion to strike the class claims, on or before June 5, 2020; the plaintiffs shall file any reply in support of their motion, together with their opposition to any cross-motion, on or before June 26, 2020; and the defendant shall file any reply in support of any cross-motion on or before July 10, 2020. So Ordered by Judge Dabney L. Friedrich on May 22, 2020. (lcdlf2)
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Filing 104
RESPONSE re #102 MOTION for Extension of Time to File Response/Reply as to #99 MOTION to Amend/Correct filed by ANDREW J. BRIGIDA. (Attachments: #1 Exhibit Email exchange)(Brown, Zhonette)
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Filing 103
NOTICE of Proposed Order Inadvertently Excluded from #102 by ELAINE L. CHAO re #102 MOTION for Extension of Time to File Response/Reply as to #99 MOTION to Amend/Correct (Thorp, Galen)
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Filing 102
MOTION for Extension of Time to File Response/Reply as to #99 MOTION to Amend/Correct by ELAINE L. CHAO (Thorp, Galen)
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MINUTE ORDER. Upon consideration of the parties' #101 Joint Status Report, it is ORDERED that the defendant shall file her opposition to the plaintiffs' #99 Motion to Amend the Complaint, along with any cross-motion to strike the class claims, on or before May 22, 2020; the plaintiffs shall file any reply in support of their #99 Motion, together with their opposition to any cross-motion, on or before June 12, 2020; and the defendant shall file any reply in support of any cross-motion on or before June 26, 2020. So Ordered by Judge Dabney L. Friedrich on April 30, 2020. (lcdlf2)
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Set/Reset Deadlines: Opposition to the plaintiffs' #99 Motion to Amend the Complaint due by 5/22/2020. Reply in support of their #99 Motion due by 6/12/2020. Cross Motions due by 5/22/2020. Response to Cross Motions due by 6/12/2020. Reply to Cross Motions due by 6/26/2020. (zjch)
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Filing 101
Joint STATUS REPORT by ELAINE L. CHAO. (Attachments: #1 Text of Proposed Order)(Thorp, Galen)
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Filing 100
STIPULATION of Dismissal by LUCAS K. JOHNSON. (Pearson, Michael)
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Filing 99
MOTION to Amend/Correct by ANDREW J. BRIGIDA (Attachments: #1 Exhibit Fourth Amended Complaint and Supplemental Class Action Complaint, #2 Text of Proposed Order)(Brown, Zhonette)
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Set/Reset Deadlines: Status Report due by 5/1/2020 (zjch)
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Filing 98
ORDER denying the plaintiff's #87 Motion to Amend the Complaint; denying the plaintiff's #89 Motion for Discovery. See text for details. Signed by Judge Dabney L. Friedrich on April 5, 2020. (lcdlf2)
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Filing 97
NOTICE of Appearance by David C. McDonald on behalf of ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK, LUCAS K. JOHNSON, SUZANNE M. REBICH (McDonald, David)
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Filing 96
MEET AND CONFER STATEMENT. (Brown, Zhonette)
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Set/Reset Deadlines: Meet & Confer Statement due by 3/3/2020. (zjch)
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Filing 95
ANSWER to Complaint of Lucas K. Johnson by ELAINE L. CHAO, UNITED STATES DEPARTMENT OF TRANSPORTATION.(Thorp, Galen)
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MINUTE ORDER. It is ORDERED that the parties shall confer in accordance with Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 16.3 and file, on or before March 3, 2020, a joint meet and confer report as set forth in Local Civil Rule 16.3(d). The meet and confer report shall note, in addition to the items described in LCvR 16.3(d), any proposals for how the Court should consolidate the case originally filed by Lucas K. Johnson with the case originally filed by Andrew J. Brigida. After receiving the parties' joint meet and confer report, the Court will set a scheduling conference unless the Court determines, on the basis of the report, that a conference is unnecessary. See Local Civil Rule 16.4. Signed by Judge Dabney L. Friedrich on February 18, 2020. (lcdlf2)
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Filing 94
REPLY to opposition to motion re #87 MOTION to Amend/Correct #1 Complaint and #91 Defendants' Cross-Motion to Strike Class Claims filed by ELAINE L. CHAO. (Thorp, Galen)
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Filing 93
REPLY to opposition to motion re #87 MOTION to Amend/Correct #1 Complaint filed by ANDREW J. BRIGIDA. (Brown, Zhonette)
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NOTICE OF ERROR re #92 Motion for Extension of Time to File Response/Reply; emailed to zhonette@mslegal.org, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE - Attorney signature must match login/password. (zeg, )
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Filing 92
Joint MOTION for Extension of Time to File Response/Reply as to #87 MOTION to Amend/Correct #1 Complaint by ANDREW J. BRIGIDA (Brown, Zhonette)
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MINUTE ORDER. Upon consideration of the parties' #92 Joint Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the plaintiff shall file his reply in support of the plaintiff's #87 Motion to Amend or Correct the #1 Complaint and opposition to the defendant's #91 Motion to Strike Class Claim on or before December 23, 2019, and the defendant shall file any reply in support of her #91 Motion to Strike Class Claim on or before January 20, 2020. Signed by Judge Dabney L. Friedrich on December 3, 2019. (lcdfl2)
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Filing 91
Memorandum in opposition to re #87 MOTION to Amend/Correct #1 Complaint and, Alternatively, Motion to Strike Class Claim filed by ELAINE L. CHAO. (Attachments: #1 Exhibit 1-9, #2 Exhibit 10-30, #3 Text of Proposed Order)(Thorp, Galen)
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Filing 90
MOTION for Extension of Time to File Response/Reply as to #89 MOTION for Discovery (Pre-Certification Class Discovery and to Begin Discovery) by ELAINE L. CHAO (Attachments: #1 Text of Proposed Order)(Thorp, Galen)
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MINUTE ORDER. Upon consideration of defendant's #90 Motion for Extension of Time to Respond to plaintiffs' #89 Motion for Pre-Certification Class Discovery and to Begin Discovery, it is ORDERED that the motion is GRANTED. Accordingly, briefing on plaintiffs' #89 Motion for Pre-Certification Class Discovery and to Begin Discovery is suspended pending the Court's ruling on plaintiffs' #87 Motion to Amend or Correct #1 Complaint. So Ordered by Judge Dabney L. Friedrich on November 6, 2019. (lcdlf2)
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Filing 89
MOTION for Discovery (Pre-Certification Class Discovery and to Begin Discovery) by ANDREW J. BRIGIDA (Attachments: #1 Text of Proposed Order)(Brown, Zhonette)
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Filing 88
Unopposed MOTION for Extension of Time to Amend #1 Complaint by ANDREW J. BRIGIDA (Attachments: #1 Text of Proposed Order)(Brown, Zhonette); Modified event and text on 11/1/2019 (ztth).
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Filing 87
MOTION to Amend/Correct #1 Complaint by ANDREW J. BRIGIDA (Attachments: #1 Exhibit Fourth Amended Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Text of Proposed Order)(Brown, Zhonette)
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MINUTE ORDER. Upon consideration of plaintiff's #88 Unopposed Motion for Extension of Time to File Motion to Amend #1 Complaint, it is ORDERED that the motion is GRANTED. Accordingly, plaintiff shall file his motion to amend the complaint on or before November 1, 2019. So Ordered by Judge Dabney L. Friedrich on November 1, 2019. (lcdlf2)
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Filing 86
TRANSCRIPT OF MOTION HEARING before Judge Dabney L. Friedrich, held on 09/13/2019. Page Numbers: 1-52. Date of Issuance: 10/16/2019. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the #Transcript Order FormFor 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 11/6/2019. Redacted Transcript Deadline set for 11/16/2019. Release of Transcript Restriction set for 1/14/2020.(Wick, Sara)
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MINUTE ORDER. For the reasons stated at the September 13, 2019 hearing, it is ORDERED that the plaintiffs' #73 Motion for Class Certification is DENIED without prejudice. It is further ORDERED that the plaintiffs may file a motion to amend their complaint on or before October 31, 2019; the defendant shall file its opposition on or before November 29, 2019; and the plaintiffs shall file any reply on or before December 6, 2019. So Ordered by Judge Dabney L. Friedrich on September 13, 2019. (lcdlf2)
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Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 9/13/2019 re #73 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by SUZANNE M. REBICH, POLLYANNA L. WANG, MATTHEW L. DOUGLAS-COOK, ANDREW J. BRIGIDA. Further Order to be issued by the Court. Court Reporter: Sara Wick. (zcal)
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MINUTE ORDER granting the plaintiff's #85 Motion to Appear Pro Hac Vice. So Ordered by Judge Dabney L. Friedrich on September 11, 2019. (lcdlf2)
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Filing 85
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian Gregg Sheldon, :Firm- Mountain States Legal Foundation, :Address- 2596 S Lewis Way, Lakewood, CO 80227. Phone No. - 303-292-2021. Fax No. - 303-292-1980 Filing fee $ 100, receipt number 0090-6368683. Fee Status: Fee Paid. by ANDREW J. BRIGIDA (Attachments: #1 Declaration of Brian Gregg Sheldon, #2 Text of Proposed Order)(Brown, Zhonette)
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NOTICE of Hearing: Motion Hearing on Class Certification set for 9/13/2019 at 10:00 AM in Courtroom 12 before Judge Dabney L. Friedrich. (zcal)
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Filing 84
NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA. (Brown, Zhonette)
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NOTICE OF ERROR re #83 Notice of Withdrawal of Appearance; emailed to zhonette@mslegal.org, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Incorrect document attached. (ztth, )
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Filing 83
ENTERED IN ERROR.....NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA. Attorney Christian Brian Corrigan terminated. (Brown, Zhonette); Modified on 4/3/2019 (ztth).
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Filing 82
SURREPLY to re #73 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by ELAINE L. CHAO. (Thorp, Galen)
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Filing 81
NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG. Attorney William Perry Pendley terminated. (Brown, Zhonette)
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Set/Reset Deadlines/Hearings: Defendant's surreply due by 2/8/2019. (jl)
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Filing 80
MOTION for Leave to File Surreply in opposition to Motion for Class Certification by ELAINE L. CHAO (Attachments: #1 Text of Proposed Order)(Thorp, Galen)
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MINUTE ORDER granting the defendant's #80 Motion for Leave to File Surreply to Plaintiffs' Motion for Class Certification. The defendant may file a surreply not to exceed 10 pages on or before February 8, 2019. Signed by Judge Dabney L. Friedrich on January 31, 2019. (lcdlf2)
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MINUTE ORDER denying as moot the defendant's #79 Motion to Stay in Light of Lapse of Appropriations. Signed by Judge Dabney L. Friedrich on January 27, 2019. (lcdlf2)
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Filing 79
MOTION to Stay in Light of Lapse of Appropriations by ELAINE L. CHAO (Attachments: #1 Text of Proposed Order)(Thorp, Galen)
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Filing 78
REPLY to opposition to motion re #73 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16)(Brown, Zhonette)
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Filing 77
NOTICE of Appearance by Zhonette M. Brown on behalf of ANDREW J. BRIGIDA (Brown, Zhonette)
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MINUTE ORDER granting the plaintiffs' #76 First Consent Motion for Extension of Time. The plaintiffs shall file their reply on or before January 24, 2019. Signed by Judge Dabney L. Friedrich on December 27, 2019. (lcdlf2)
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Filing 76
Consent MOTION for Extension of Time to File Response/Reply to Defendants Response in Opposition to Plaintiffs Motion for Class Certification by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG (Attachments: #1 Text of Proposed Order Proposed Order)(Pearson, Michael)
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Filing 75
Memorandum in opposition to re #73 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by ELAINE L. CHAO. (Attachments: #1 Exhibit A, Coates Decl., #2 Exhibit B, Gage Decl., #3 Exhibit C, Mitchell Decl., #4 Exhibit D, Teixeira Decl., #5 Exhibit E, CAMI 1998, #6 Exhibit F, December 6, 2018 Email, #7 Text of Proposed Order)(Thorp, Galen)
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MINUTE ORDER granting the defendant's #74 Second Consent Motion for Extension of Time. The defendant shall respond to the plaintiff's #73 Motion for Class Certification and Appointment of Class Counsel on or before December 24, 2018. Signed by Judge Dabney L. Friedrich on December 8, 2018. (lcdlf2)
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Filing 74
Consent MOTION for Extension of Time to File Response/Reply to Motion for Class Certification by ELAINE L. CHAO (Drezner, Michael)
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Set/Reset Deadlines/Hearings: Motion for class certification due by 11/12/2018. Defendant's opposition due by 12/17/2018. Plaintiff's reply due by 12/24/2018. (jl)
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Filing 73
MOTION to Certify Class by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Pendley, William). Added MOTION to Appoint Lead Counsel on 11/14/2018 (znmw).
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Filing 72
ERRATA Notice by ANDREW J. BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG #68 Amended Complaint filed by ANDREW J. BRIGIDA. (Attachments: #1 Exhibit to Third Amended Complaint, #2 Exhibit to Third Amended Complaint, #3 Exhibit to Third Amended Complaint, #4 Exhibit to Third Amended Complaint, #5 Exhibit to Third Amended Complaint, #6 Exhibit to Third Amended Complaint, #7 Exhibit to Third Amended Complaint, #8 Exhibit to Third Amended Complaint, #9 Exhibit to Third Amended Complaint)(Pendley, William)
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MINUTE ORDER granting the parties' #71 Consent Motion for Extension of Time. The plaintiff shall file a motion for class certification on or before November 12, 2018; the defendant shall file any opposition on or before December 17, 2018; and the plaintiff shall file any reply on or before December 24, 2018. Signed by Judge Dabney L. Friedrich on November 12, 2018. (lcdlf2)
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Filing 71
Consent MOTION for Extension of Time to File Response/Reply to Motion for Class Certification by ELAINE L. CHAO (Attachments: #1 Text of Proposed Order)(Drezner, Michael)
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Filing 70
ANSWER to #68 Amended Complaint by ELAINE L. CHAO.(Thorp, Galen)
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Set/Reset Deadlines/Hearings: Responses due by 11/5/2018. (jl)
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MINUTE ORDER granting the plaintiff's #69 Unopposed Motion for Retroactive Extension of Time to Amend and his #67 Motion for Leave to File Amended Complaint. See Fed. R. Civ. P. 15(a)(2). The defendant shall answer or otherwise respond to the Complaint on or before November 5, 2018. Signed by Judge Dabney L. Friedrich on October 23, 2018. (lcdlf2)
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Filing 69
Unopposed MOTION for Extension of Time to Amend #25 Notice (Other), #68 Amended Complaint by ANDREW J BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG (Attachments: #1 Text of Proposed Order)(Pendley, William)
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Filing 68
THIRD AMENDED COMPLAINT against ELAINE L. CHAO filed by ANDREW J BRIGIDA.(Pendley, William) Modified event title on 6/9/2020 (znmw).
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Filing 67
MOTION to Amend/Correct #66 Order on Motion for Discovery, by ANDREW J BRIGIDA (Pendley, William)
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Filing 66
ORDER striking plaintiff Brigidas third amended complaint, denying Brigidas motion for precertification discovery, and directing Brigida to file a motion for class certification on or before November 12, 2018. Signed by Judge Dabney L. Friedrich on October 12, 2018. (lcdlf2)
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Filing 65
REPLY to opposition to motion re #62 MOTION for Discovery Prior to Class Certification filed by ANDREW J BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG. (Pendley, William)
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Filing 64
Memorandum in opposition to re #62 MOTION for Discovery Prior to Class Certification filed by ELAINE L. CHAO. (Attachments: #1 Exhibit A)(Drezner, Michael)
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Filing 63
STRICKEN PURSUANT TO #66 ORDER FILED 10/12/2018..... ANSWER to #61 Amended Complaint, by ELAINE L. CHAO.(Drezner, Michael) Modified on 6/9/2020 (znmw).
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Filing 62
MOTION for Discovery Prior to Class Certification by ANDREW J BRIGIDA, MATTHEW L. DOUGLAS-COOK, SUZANNE M. REBICH, POLLYANNA L. WANG (Pendley, William)
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Filing 61
STRICKEN PURSUANT TO #66 ORDER FILED 10/12/2018.....AMENDED COMPLAINT against All Defendants filed by ANDREW J BRIGIDA. (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, #9 Exhibit 9)(Pendley, William) Modified on 6/9/2020 (znmw).
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Filing 60
NOTICE of Appearance by Galen Nicholas Thorp on behalf of ELAINE L. CHAO (Thorp, Galen)
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Filing 59
NOTICE OF WITHDRAWAL OF AMENDED COMPLAINT by ANDREW J BRIGIDA re #58 Amended Complaint, (Pendley, William) Modified on 9/10/2018 (tth).
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Filing 58
WITHDRAWN PURSUANT TO NOTICE FILED ON 9/5/2018.....AMENDED COMPLAINT against All Defendants filed by ANDREW J BRIGIDA. (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)(Pendley, William); Modified text on 9/10/2018 (tth).
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MINUTE ORDER. Upon consideration of the parties' #57 Joint Meet and Confer Report in which the plaintiff states that he should be allowed to conduct limited discovery before seeking class certification, it is ORDERED that the plaintiff shall file a motion for pre-certification discovery on or before September 14, 2018. The plaintiff's motion shall specify the nature, scope, and rationale for pre-certification discovery; the defendant shall file any opposition on or before September 24, 2018; the plaintiff shall submit any reply on or before October 1, 2018. Signed by Judge Dabney L. Friedrich on September 4, 2018. (JK)
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Filing 57
MEET AND CONFER STATEMENT. (Pendley, William)
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MINUTE ORDER. It is ORDERED that the parties shall confer in accordance with Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure and the parties shall file, on or before August 31, 2018, a joint meet and confer report as set forth in Local Civil Rule 16.3(d). After receiving the joint meet and confer report, the Court will set a scheduling conference unless the Court determines, on the basis of the report, that a conference is unnecessary. See Local Civil Rule 16.4. Signed by Judge Dabney L. Friedrich on August 10, 2018. (lcdlf2)
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Filing 56
ANSWER to #26 Amended Complaint,, by ELAINE L. CHAO.(Drezner, Michael)
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Set/Reset Deadlines/Hearings: Joint status report or the defendant's answer due by 8/9/18. (jl)
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MINUTE ORDER. Upon consideration of the parties' #55 Joint Motion to Stay, it is ORDERED that the motion is GRANTED. On or before August 9, 2018 either the parties shall file a joint status report or the defendant shall file an answer. Signed by Judge Dabney L. Friedrich on July 12, 2018. (MJS)
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Filing 55
Joint MOTION to Stay by ELAINE L. CHAO, UNITED STATES DEPARTMENT OF TRANSPORTATION (Attachments: #1 Text of Proposed Order)(Drezner, Michael)
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Filing 54
ORDER PURSUANT TO RULE 502(D) OF THE FEDERAL RULES OF EVIDENCE. See order for details. Signed by Judge Dabney L. Friedrich on June 26, 2018. (JPF)
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Filing 53
PROTECTIVE ORDER. See order for details. Signed by Judge Dabney L. Friedrich on June 26, 2018. (JPF)
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MINUTE ORDER granting the parties' #52 Joint Motion for Entry of Protective Order and Order Pursuant to Federal Rule of Evidence 502(d). Orders forthcoming. Signed by Judge Dabney L. Friedrich on June 26, 2018. (JPF)
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Filing 52
Joint MOTION for Protective Order by ELAINE L. CHAO, UNITED STATES DEPARTMENT OF TRANSPORTATION (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Drezner, Michael) Modified to correct event on 6/27/2018 (tth). Added MOTION for Order Pursuant to Federal Rule of Evidence 502(d) on 6/27/2018 (tth).
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Filing 51
Joint MOTION for Extension of Time to File Answer by ANTHONY R FOXX, UNITED STATES DEPARTMENT OF TRANSPORTATION (Attachments: #1 Text of Proposed Order)(Drezner, Michael)
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MINUTE ORDER granting the parties' #51 Joint Motion for Extension of Time. Accordingly, on or before July 12, 2018, the defendant shall file its answer or the parties shall notify the Court regarding a stay of the litigation to facilitate further settlement discussions. Signed by Judge Dabney L. Friedrich on June 21, 2018. (JPF)
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Filing 50
MEMORANDUM OPINION & ORDER granting the plaintiff's #39 Motion for Reconsideration. See text for details. Signed by Judge Dabney L. Friedrich on May 31, 2018. (JPF)
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Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 5/23/2018 re #39 MOTION for Reconsideration re #33 Order on Motion to Change Venue filed by ANDREW J BRIGIDA. Oral arguments were heard from both parties, and the motion was taken under advisement. (Court Reporter: Sara Wick.) (jl)
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Filing 49
NOTICE OF SUBSTITUTION OF COUNSEL by Michael Leon Drezner on behalf of All Defendants Substituting for attorney Courtney D. Enlow (Drezner, Michael)
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MINUTE ORDER scheduling motion hearing. It is ORDERED that the parties shall appear at 8:30 a.m. on May 23, 2018 in Courtroom 12 for a motion hearing regarding #39 Plaintiff's Motion for Reconsideration. Signed by Judge Dabney L. Friedrich on May 7, 2018. (JPF)
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MINUTE ORDER granting #48 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Dabney L. Friedrich on May 7, 2018. (JPF)
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Filing 48
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christian Brian Corrigan, :Firm- Mountain States Legal Foundation, :Address- 2596 South Lewis Way. Phone No. - 303-292-2021. Fax No. - 303-292-1980 Filing fee $ 100, receipt number 0090-5464520. Fee Status: Fee Paid. by ANDREW J BRIGIDA (Attachments: #1 Declaration Declaration in Support of Motion to Appear Pro Hac Vice)(Pendley, William)
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MINUTE ORDER. As requested, see Dkt. 39 at 1, the Court intends to hold a motion hearing regarding #39 Plaintiff's Motion for Reconsideration. In order to facilitate scheduling, the courtroom deputy shall contact the parties to request that they provide, on or before May 7, 2018, three potential hearing dates/times during the week of May 21, 2018. Signed by Judge Dabney L. Friedrich on May 4, 2018. (JPF)
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Filing 47
NOTICE OF WITHDRAWAL OF APPEARANCE as to ANDREW J BRIGIDA. Attorney Steven James Lechner terminated. (Pendley, William)
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Filing 46
NOTICE of Appearance by William Perry Pendley on behalf of ANDREW J BRIGIDA (Pendley, William)
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Filing 45
NOTICE OF WITHDRAWAL OF APPEARANCE as to ANTHONY R FOXX. Attorney Arjun Garg terminated. (Garg, Arjun)
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Filing 44
NOTICE of Appearance by Courtney Danielle Enlow on behalf of ANTHONY R FOXX (Enlow, Courtney)
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Case directly reassigned to Judge Dabney L. Friedrich. Judge Tanya S. Chutkan is no longer assigned to the case. (ztnr)
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Mail Returned as undeliverable. Re-mailed Minute Order filed on 03/29/17,looks like the city designation has changed to Lisbon and not Elkon. Re-mailed on 04/27/17. (tb)
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MINUTE ORDER: Granting #42 Motion to Withdraw as Attorney. Attorney Jeffrey W McCoy is hereby terminated from this case as counsel for the Plaintiff. Signed by Judge Tanya S. Chutkan on 1/30/17. (DJS)
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Filing 43
REPLY to opposition to motion re #39 MOTION for Reconsideration re #33 Order,,,,,, Order on Motion to Change Venue,,,,, filed by ANDREW J BRIGIDA. (Lechner, Steven)
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Filing 42
MOTION to Withdraw as Attorney Jeffrey W. McCoy by ANDREW J BRIGIDA (Attachments: #1 Text of Proposed Order)(McCoy, Jeffrey)
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MINUTE ORDER: Granting #41 Motion for Leave to Appear Pro Hac Vice. Attorney Michael W. Pearson is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 1/18/17. (DJS)
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Filing 41
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael W. Pearson, :Firm- Curry, Pearson, & Wooten, PLC, :Address- 814 W. Roosevelt Street, Phoenix, Arizona 85007. Phone No. - (602) 258-1000. Fax No. - (602) 523-9000 Filing fee $ 100, receipt number 0090-4809218. Fee Status: Fee Paid. by ANDREW J BRIGIDA (Attachments: #1 Declaration Declaration of Michael W. Pearson in Support of Motion, #2 Text of Proposed Order)(Lechner, Steven)
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Filing 40
Memorandum in opposition to re #39 MOTION for Reconsideration re #33 Order,,,,,, Order on Motion to Change Venue,,,,, filed by ANTHONY R FOXX. (Attachments: #1 Text of Proposed Order)(Garg, Arjun)
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Filing 39
MOTION for Reconsideration re #33 Order,,,,,, Order on Motion to Change Venue,,,,, by ANDREW J BRIGIDA (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Reconsideration, #2 Text of Proposed Order Proposed Order Granting Motion for Reconsideration)(Lechner, Steven)
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MINUTE ORDER: Granting Plaintiff's Unopposed motion #38 to vacate deadlines. The December 9, 2016 scheduling conference is hereby VACATED. All other previously set deadlines are likewise VACATED. Plaintiff's Rule 59(e) motion shall be filed by December 5, 2016. Defendant's Opposition shall be filed by January 6, 2017. Plaintiff's Reply is due by January 27, 2017. Plaintiff is hereby reminded that "[a] Rule 59(e) motion is not a second opportunity to present arguments upon which the Court already has ruled." Harrison v. Lappin, 510 F. Supp. 2d 153, 155 (D.D.C. 2007). Signed by Judge Tanya S. Chutkan on 12/1/16. (DJS)
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Filing 38
Unopposed MOTION to Vacate #35 Order, Set Deadlines/Hearings Vacate Status Conference, Status Report Deadline, and Answer Deadline by ANDREW J BRIGIDA (Attachments: #1 Text of Proposed Order Proposed Order)(Lechner, Steven)
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MINUTE ORDER: Granting #37 Motion for Leave to Appear Pro Hac Vice. Attorney Jeffrey Wilson McCoy is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 11/26/16. (DJS)
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Filing 37
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey W. McCoy, :Firm- Mountain States Legal Foundation, :Address- 2596 South Lewis Way, Lakewood, CO 80227. Phone No. - (303) 292-2021. Fax No. - (303) 292-1980 Filing fee $ 100, receipt number 0090-4755744. Fee Status: Fee Paid., MOTION to Appoint Counsel by ANDREW J BRIGIDA (Attachments: #1 Declaration Declaration of Jeffrey W. McCoy in Support of Motion, #2 Text of Proposed Order Proposed Order Granting Motion)(Lechner, Steven)
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MINUTE ORDER: Granting #36 Motion for Extension of Time to Answer. Defendant ANTHONY R FOXX shall answer or otherwise respond to the complaint by 12/16/2016. Signed by Judge Tanya S. Chutkan on 11/21/16. (DJS)
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Filing 36
Unopposed MOTION for Extension of Time to File Answer to December 16, 2016 by ANTHONY R FOXX (Attachments: #1 Text of Proposed Order)(Garg, Arjun)
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Filing 35
ORDER: Status Conference set for 12/9/2016 at 11:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. Status Report due by 12/5/2016 (see order for further details). Signed by Judge Tanya S. Chutkan on 11/8/16. (DJS)
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Filing 34
Case transferred in from District of Arizona; Case Number 2:15-cv-02654. Original file certified copy of transfer order and docket sheet received. Modified on 11/8/2016 (zrdj).
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Filing 33
ORDER: Defendants' motion to dismiss, (Doc. #27 ), is GRANTED. Count two of the Second Amended and Supplemental Complaint is DISMISSED. Defendants U.S. Department of Transportation, Federal Aviation Administration, Michael Huerta, and Stephanie Jones are DISMISSED. Plaintiff's request that the Qualified Applicant Register be reinstated and that hiring preference be given to CTI graduates who passed the AT-SAT is STRICKEN from the Second Amended and Supplemental Complaint. This Clerk is directed to TRANSFER this action to the United States District Court for the District of Columbia. Signed by Judge Douglas L Rayes on 11/04/2016. (REK) [Transferred from Arizona on 11/8/2016.]
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Filing 32
ORDER granting #31 Unopposed Motion to Vacate Scheduling Conference and Related Deadlines. Rule 16 Scheduling Conference set for 11/22/2016 at 9:30 AM and all other deadlines listed in the Court's 9/20/2016 Order Setting Rule 16 Scheduling Conference, (Doc. #28 ), are VACATED. Signed by Judge Douglas L Rayes on 10/31/2016. (MMO) [Transferred from Arizona on 11/8/2016.]
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Filing 31
MOTION to Vacate #28 Order, Set/Reset Hearings Unopposed Motion to Vacate Scheduling Conference and Related Deadlines by Andrew J Brigida. (Attachments: #1 Text of Proposed Order)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.]
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Filing 30
REPLY to Response to Motion re: #27 MOTION to Dismiss Counts/Claims : Second Claim and Request for Improper Relief MOTION to Dismiss Party U.S. Department of Transportation, Federal Aviation Administration, Michael Huerta, and Stephanie Jones MOTION to Change Venue/Transfer Case to U.S. District Court for the District of Columbia MOTION to Dismiss for Failure to State a Claim filed by Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation. (Garg, Arjun) [Transferred from Arizona on 11/8/2016.]
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Filing 29
RESPONSE to Motion re: #27 MOTION to Dismiss Counts/Claims : Second Claim and Request for Improper Relief MOTION to Dismiss Party U.S. Department of Transportation, Federal Aviation Administration, Michael Huerta, and Stephanie Jones MOTION to Change Venue/Transfer Case to U.S. District Court for the District of Columbia MOTION to Dismiss for Failure to State a Claim filed by Andrew J Brigida. (Attachments: #1 Exhibit Declaration of Andrew Brigida)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.]
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Filing 28
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: A Scheduling Conference is set for 11/22/2016 at 09:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Signed by Judge Douglas L. Rayes on 9/20/16. (CLB)[Transferred from Arizona on 11/8/2016.]
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Filing 27
* MOTION to Dismiss Counts/Claims : Second Claim and Request for Improper Relief , MOTION to Dismiss Party U.S. Department of Transportation, Federal Aviation Administration, Michael Huerta, and Stephanie Jones , MOTION to Change Venue/Transfer Case to U.S. District Court for the District of Columbia by Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation. (Attachments: #1 Affidavit of Rickie P. Cannon, #2 Supplement Certification of Conferral, #3 Text of Proposed Order)(Garg, Arjun). *Added MOTION to Dismiss for Failure to State a Claim on 9/19/2016 (REK). [Transferred from Arizona on 11/8/2016.]
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Filing 26
***STRICKEN IN PART per #33 Order***AMENDED COMPLAINT Second Amended and Supplemental Complaint against Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation filed by Andrew J Brigida. (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)(McCoy, Jeffrey) Modified on 11/7/2016 (REK). [Transferred from Arizona on 11/8/2016.]
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Filing 25
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Andrew J Brigida Second Amended and Supplemental Complaint. (Attachments: #1 Second Amended and Supplemental Complaint with Changes, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.]
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Filing 24
ORDER that Plaintiff's deadline to amend the First Amended Class Action Complaint shall be 8/19/2016. FURTHER ORDERED that Defendants' deadline to move, answer, or otherwise respond to the amended complaint shall be 9/16/2016. Signed by Judge Douglas L Rayes on 8/2/2016. (MMO) [Transferred from Arizona on 11/8/2016.]
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Filing 23
STATUS REPORT by Equal Employment Opportunity Commission, Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation, Jenny R Yang. (Attachments: #1 Text of Proposed Order)(Garg, Arjun) [Transferred from Arizona on 11/8/2016.]
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Filing 22
ORDER pursuant to the parties' #21 Stipulation to Stay Proceedings: Defendants' existing 6/10/2016 deadline to respond to Plaintiff's First Amended Class Action Complaint is VACATED. Status Report due no later than the earlier of two weeks after the enactment into law of legislation reauthorizing the FAA past 7/15/2016, or 7/29/2016. All proceedings in this action are STAYED. Signed by Judge Douglas L Rayes on 6/7/2016. (MMO) [Transferred from Arizona on 11/8/2016.]
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Filing 21
STIPULATION to Stay Proceedings by Equal Employment Opportunity Commission, Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation, Jenny R Yang. (Attachments: #1 Text of Proposed Order)(Garg, Arjun) [Transferred from Arizona on 11/8/2016.]
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Filing 20
ORDER: IT IS ORDERED granting #19 the parties' Stipulation to Extend Time to Respond to First Amended Complaint. Defendants' deadline to respond to Plaintiffs' First Amended Class Action Complaint shall be June 10, 2016. IT IS FURTHER ORDERED that if Defendants respond to the First Amended Class Action Complaint with a motion asserting any defense under Federal Rule of Civil Procedure 12(b), then Defendants shall have until 14 days after the Court resolves that motion to file an answer to any portion of the First Amended Complaint. Signed by Judge Douglas L Rayes on 4/28/16. (JAMA) [Transferred from Arizona on 11/8/2016.]
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Filing 19
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #18 Amended Complaint . (Attachments: #1 Text of Proposed Order)(Garg, Arjun) [Transferred from Arizona on 11/8/2016.]
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Filing 18
AMENDED COMPLAINT First Amended Class Action Complaint for Declaratory and Injunctive Relief and Damages against All Defendants filed by Andrew J Brigida. (Attachments: #1 Exhibit Exhibit 1 to First Amended Complaint, #2 Exhibit Exhibit 2 to First Amended Complaint, #3 Exhibit Exhibit 3 to First Amended Complaint, #4 Exhibit Exhibit 4 to First Amended Complaint, #5 Exhibit Exhibit 5 to First Amended Complaint, #6 Exhibit Exhibit 6 to First Amended Complaint, #7 Exhibit Exhibit 7 to First Amended Complaint, #8 Exhibit Exhibit 8 to First Amended Complaint, #9 Exhibit Exhibit 9 to First Amended Complaint)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.]
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Filing 17
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Andrew J Brigida Notice of Filing First Amended Class Action Complaint for Declaratory and Injunctive Relief and Damages. (Attachments: #1 First Amended Complaint With Changes, #2 Exhibit Exhibit 1 to First Amended Complaint, #3 Exhibit Exhibit 2 to First Amended Complaint, #4 Exhibit Exhibit 3 to First Amended Complaint, #5 Exhibit Exhibit 4 to First Amended Complaint, #6 Exhibit Exhibit 5 to First Amended Complaint, #7 Exhibit Exhibit 6 to First Amended Complaint, #8 Exhibit Exhibit 7 to First Amended Complaint, #9 Exhibit Exhibit 8 to First Amended Complaint, #10 Exhibit Exhibit 9 to First Amended Complaint)(McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.]
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Filing 16
* SERVICE EXECUTED filed by Andrew J Brigida: Certified Mail Receipt re: Complaint upon U.S. Agencies and Officers on Final Defendant Served February 17, 2016. (Attachments: #1 Summons Executed Summons Civil Process Clerk, #2 Summons Executed Summons FAA, #3 Summons Executed Summons Anthony Foxx, #4 Summons Executed Summons Michael Huerta, #5 Summons Executed Summons Stephanie Jones, #6 Summons Executed Summons U.S. Department of Transportation)(McCoy, Jeffrey) Modified on 3/15/2016 (LAD). * Note: Attorney General Lynch served 1/15/16; US Attorney, Civil Process Clerk, served 1/11/16; Federal Aviation Administration served 1/14/16; Anthony R. Foxx, Secretary of US Department of Transportation served 1/28/16; Michael Huerta, Administrator of Federal Aviation Administration, served on 1/12/16; Stephanie Jones, Acting Director, US Department of Transportation, served 1/12/16; US Department of Transportation served on 2/17/16. [Transferred from Arizona on 11/8/2016.]
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Filing 15
ORDER pursuant to the parties' #14 Stipulation to Extend Time to Respond to the Complaint: Defendants' deadline to respond to the complaint shall be up to and including 4/18/2016. Signed by Judge Douglas L Rayes on 2/26/2016. (MMO) [Transferred from Arizona on 11/8/2016.]
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Filing 14
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT . (Attachments: #1 Text of Proposed Order)(Garg, Arjun) [Transferred from Arizona on 11/8/2016.]
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Filing 13
NOTICE OF ATTORNEY APPEARANCE: Arjun Garg appearing for Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation. . (Garg, Arjun) [Transferred from Arizona on 11/8/2016.]
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Filing 12
NOTICE re: Certificate of Service by Andrew J Brigida re: #8 Order re Rule 12(b) Motions . (McCoy, Jeffrey) [Transferred from Arizona on 11/8/2016.]
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Filing 11
ORDER pursuant to General Order 09-08 granting #4 Motion for Admission Pro Hac Vice; granting #5 Motion for Admission Pro Hac Vice; terminating #9 Motion for Admission Pro Hac Vice; terminating #10 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from Arizona on 11/8/2016.]
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Filing 10
MOTION for Admission Pro Hac Vice as to attorney Steven J Lechner on behalf of Andrew J Brigida. (BAS) [Transferred from Arizona on 11/8/2016.]
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Filing 9
MOTION for Admission Pro Hac Vice as to attorney Jeffrey Wilson McCoy on behalf of Andrew J Brigida. (BAS) [Transferred from Arizona on 11/8/2016.]
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PRO HAC VICE FEE PAID. $ 35, receipt number PHX166903 as to Jeffrey Wilson McCoy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 11/8/2016.]
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PRO HAC VICE FEE PAID. $ 35, receipt number PHX166904 as to Steven James Lechner. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 11/8/2016.]
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Filing 8
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 1/5/2016. (MMO) [Transferred from Arizona on 11/8/2016.]
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Filing 7
NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Andrew J Brigida. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) [Transferred from Arizona on 11/8/2016.]
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Filing 6
Summons Issued as to Federal Aviation Administration, Anthony R Foxx, Michael P Huerta, Stephanie Jones, United States Department of Transportation, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(REK) [Transferred from Arizona on 11/8/2016.]
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Filing 5
MOTION for Admission Pro Hac Vice as to attorney Steven James Lechner on behalf of Andrew J Brigida. (BAS) [Transferred from Arizona on 11/8/2016.]
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Filing 4
MOTION for Admission Pro Hac Vice as to attorney Jeffrey Wilson McCoy on behalf of Andrew J Brigida. (BAS) [Transferred from Arizona on 11/8/2016.]
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Filing 3
Filing fee paid, receipt number 0970-12474708. This case has been assigned to the Honorable Douglas L. Rayes. All future pleadings or documents should bear the correct case number: CV-15-02654-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) [Transferred from Arizona on 11/8/2016.]
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Filing 2
SUMMONS Submitted by Andrew J Brigida. (submitted by Jeffrey McCoy) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(REK) [Transferred from Arizona on 11/8/2016.]
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Filing 1
COMPLAINT. Filing fee received: $400.00, receipt number 0970-12474708 filed by Andrew J Brigida. (submitted by Jeffrey McCoy) (Attachments: #1 Civil Cover Sheet)(REK) [Transferred from Arizona on 11/8/2016.]
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