UMBERT et al v. UNITED STATES OF AMERICA et al
| Chase W. Bickel, Erroll Alexander Eaton, Gary James Lecomte, Troy Brent Chodosh, Daniel A Umbert, JUSTIN LANE BARGERON, KEVIN FRANSCISCO BORQUEZ, CHARLES EDWARD STEWART and DANIEL A. UMBERT |
| UNITED STATES OF AMERICA, JEFFERSON SESSIONS, FEDERAL BUREAU OF INVESTIGATION and JEFFERSON B. SESSIONS, III |
| 1:2018cv01336 |
| June 5, 2018 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 88888 |
| Tanya S Chutkan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
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Set/Reset Deadlines: Motion case to reactivate due by 7/1/2020. Joint Status Report due by 7/2/2020. (tb)
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Filing 36
Joint MOTION to Stay by JUSTIN LANE BARGERON, ERROLL ALEXANDER EATON, GARY JAMES LECOMTE, DANIEL A. UMBERT (Attachments: #1 Text of Proposed Order)(Stamboulieh, Stephen)
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MINUE ORDER: Granting Joint #36 Motion to Stay. This action is hereby stayed until at least July 1, 2020. Should the situation regarding the national emergency due to the coronavirus change before July 1, 2020, the parties may file a joint motion to reactive this case, along with a proposed order. In the absence of such a motion, the parties shall file a joint status report and proposed order for moving forward with this case by July 2, 2020. Signed by Judge Tanya S. Chutkan on 3/25/2020. (DJS)
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Filing 35
ORDER OF PARTIAL DISMISSAL: Dismissing all claims asserted by plaintiff Kevin Borquez with prejudice. Signed by Judge Tanya S. Chutkan on 3/13/2020. (DJS)
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Filing 34
NOTICE of Voluntary Dismissal re Kevin Borquez (Stamboulieh, Stephen)
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Filing 33
ORDER granting #32 Motion for Protective Order. If the parties are unable to informally resolve any dispute regarding designation, the parties may seek relief from the court pursuant to the amended procedures of Paragraph 4. See order for details. Signed by Judge Tanya S. Chutkan on 1/3/2020. (lcsd)
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Filing 32
Joint MOTION for Protective Order by FEDERAL BUREAU OF INVESTIGATION, JEFFERSON B. SESSIONS, III, UNITED STATES OF AMERICA (Attachments: #1 Text of Proposed Order)(Burch, Alan)
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Filing 31
ENTERED IN ERROR. . . . .REQUEST for Production of Documents by JUSTIN LANE BARGERON, KEVIN FRANSCISCO BORQUEZ, ERROLL ALEXANDER EATON, GARY JAMES LECOMTE, DANIEL A. UMBERT.(Stamboulieh, Stephen) Modified on 11/21/2019 (ztd).
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Filing 30
ENTERED IN ERROR. . . . .INTERROGATORIES Propounded to all Defendants by JUSTIN LANE BARGERON, KEVIN FRANSCISCO BORQUEZ, ERROLL ALEXANDER EATON, GARY JAMES LECOMTE, DANIEL A. UMBERT.(Stamboulieh, Stephen) Modified on 11/21/2019 (ztd).
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Filing 29
ENTERED IN ERROR. . . . .REQUEST for Admissions by JUSTIN LANE BARGERON, KEVIN FRANSCISCO BORQUEZ, ERROLL ALEXANDER EATON, GARY JAMES LECOMTE, DANIEL A. UMBERT.(Stamboulieh, Stephen) Modified on 11/21/2019 (ztd).
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NOTICE OF ERROR re #31 Request for Production of Documents; emailed to stephen@sdslaw.us, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Do not file Discovery (LcvR 5.2) (ztd, )
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NOTICE OF ERROR re #29 Request for Admissions; emailed to stephen@sdslaw.us, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Do not file Discovery (LcvR 5.2) (ztd, )
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NOTICE OF ERROR re #30 Interrogatories Propounded; emailed to stephen@sdslaw.us, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Do not file Discovery (LcvR 5.2) (ztd, )
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Set/Reset Deadlines: Amended Pleadings due by 11/18/2019. Cross Motion due by 6/26/2020. Response to Cross Motion due by 7/10/2020. Reply to Cross Motion due by 7/24/2020. Discovery due by 5/20/2020. Joinder of Parties due by 11/18/2019. Plaintiff Rule 26(a)(1) due by 12/4/2019. Defendant Rule 26(a)(1) due by 12/4/2019. Summary Judgment motion due by 5/26/2020. Response to Motion for Summary Judgment due by 6/26/2020. Reply to Motion for Summary Judgment due by 7/10/2020. (tb)
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Filing 28
SCHEDULING ORDER: End of Discovery by 5/5/20. Plaintiff's Motion for Summary Judgment due 5/26/20. Defendants' Response and, if necessary, Combined Cross-Motion due 6/26/20. Plaintiff's Reply and, if necessary, Combined Response due 7/10/20. Defendants' Reply, if necessary, due 7/24/19. (See order for further details including the parties' obligation to meet, confer and present jointly any discovery disputes prior to filing a motion). Signed by Judge Tanya S. Chutkan on 11/13/19. (DJS)
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Filing 27
Amended MEET AND CONFER STATEMENT. (Attachments: #1 Text of Proposed Order)(Burch, Alan) Modified event title on 11/13/2019 (znmw).
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Filing 26
MEET AND CONFER STATEMENT. (Burch, Alan)
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Set/Reset Deadlines: Rule 26 Meeting Report due by 11/8/2019. Joint Status Report due by 11/8/2019. (tb)
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Filing 25
ANSWER to #6 Amended Complaint,,,, by FEDERAL BUREAU OF INVESTIGATION, JEFFERSON B. SESSIONS, III, UNITED STATES OF AMERICA.(Burch, Alan)
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MINUTE ORDER: The parties are hereby ordered to meet and confer and propose a schedule for proceeding with this case. If discovery is not necessary, the parties shall file a joint status report by 11/8/19 proposing a briefing schedule. When proposing deadlines, the parties shall avoid proposing a schedule that contains submission of simultaneous dispositive cross-motions. Any joint status report shall be accompanied by a proposed order. To the extent discovery is necessary, by 11/8/19 the parties shall file a Report of the Parties' Planning Meeting, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 16.3. The Report shall include a proposed Scheduling Order consistent with the sample Scheduling Order found on Judge Chutkan's court webpage, along with any proposed changes which shall be highlighted. On the same day that the parties file their Rule 26 report and proposed Scheduling Order, they shall also email a Word version of the proposed order to the court. In addition to the requirements under the Federal and Local Rules, the parties' report shall contain a succinct summary of the case and the statutory basis for all causes of action and defenses. Signed by Judge Tanya S. Chutkan on 10/25/19. (DJS)
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Filing 24
NOTICE OF SUBSTITUTION OF COUNSEL by Alan R. Burch on behalf of All Defendants Substituting for attorney Katherine Palmer-Ball (Burch, Alan)
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MINUTE ORDER: Granting #23 Motion for Extension of Deadlines. Defendants shall answer or otherwise respond to the Amended Complaint by October 25, 2019. Signed by Judge Tanya S. Chutkan on 9/22/19. (DJS)
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Filing 23
Consent MOTION for Extension of Time to File Response to Amended Complaint by FEDERAL BUREAU OF INVESTIGATION, JEFFERSON B. SESSIONS, III, UNITED STATES OF AMERICA (Attachments: #1 Text of Proposed Order)(Palmer-Ball, Katherine) Modified on 9/23/2019 (ztd).
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Filing 22
ORDER granting Defendants' #12 motion to dismiss, and denying without prejudice the motion to sever. Signed by Judge Tanya S. Chutkan on 9/11/2019. (lctsc3)
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Filing 21
MEMORANDUM OPINION: Regarding Defendants' Motion to Dismiss in Part and for Severance of Remaining Claims #12 . Signed by Judge Tanya S. Chutkan on 9/11/2019. (lctsc3)
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Filing 20
MOTION for Order re #12 Ruling on ECF 12 by JUSTIN LANE BARGERON, CHASE W. BICKEL, KEVIN FRANSCISCO BORQUEZ, TROY BRENT CHODOSH, ERROLL ALEXANDER EATON, GARY JAMES LECOMTE, CHARLES EDWARD STEWART, DANIEL A. UMBERT (Attachments: #1 Text of Proposed Order Proposed Order)(Stamboulieh, Stephen) Modified event and added link on 6/20/2019 (znmw).
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Filing 19
NOTICE of letter from Department of Justice by KEVIN FRANSCISCO BORQUEZ (Attachments: #1 Exhibit DOJ letter re non prohibited status)(Stamboulieh, Stephen)
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Filing 18
NOTICE OF SUBSTITUTION OF COUNSEL by Katherine Boyd Palmer-Ball on behalf of All Defendants Substituting for attorney Jeremy S. Simon (Palmer-Ball, Katherine)
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NOTICE OF ERROR re #17 Substitution of Counsel; emailed to katherine.palmer-ball@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Please refile with correct case number on document. (ztd, )
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Filing 17
ENTERED IN ERROR. . . . .NOTICE OF SUBSTITUTION OF COUNSEL by Katherine Boyd Palmer-Ball on behalf of All Defendants Substituting for attorney Jeremy S. Simon (Palmer-Ball, Katherine) Modified on 5/6/2019 (ztd).
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Filing 16
NOTICE of letter from Eastern District of California by GARY JAMES LECOMTE (Attachments: #1 Exhibit Letter from Eastern District of California)(Stamboulieh, Stephen)
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Filing 15
REPLY to opposition to motion re #12 MOTION to Dismiss In Part MOTION to Sever Remaining Claims MOTION to Stay Further Response to Amended Complaint Pending Outcome of Motion to Dismiss and Sever filed by FEDERAL BUREAU OF INVESTIGATION, JEFFERSON B. SESSIONS, III, UNITED STATES OF AMERICA. (Attachments: #1 Barker Declaration (Nov. 2, 2018))(Simon, Jeremy)
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Set/Reset Deadlines: Reply due by 11/5/2018. (tb)
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Filing 14
Consent MOTION for Extension of Time to File Reply in Support of Motion to Dismiss in Part, Motion to Sever Remaining Claims and Motion to Stay by FEDERAL BUREAU OF INVESTIGATION, JEFFERSON B. SESSIONS, III, UNITED STATES OF AMERICA (Attachments: #1 Proposed Order)(Simon, Jeremy) Modified on 10/22/2018 (ztd).
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MINUTE ORDER: Granting #14 Consent Motion for Extension of Deadlines. By November 5, 2018, Defendants shall file their reply in support of their motion to dismiss in part/motion to sever/motion to stay. Signed by Judge Tanya S. Chutkan on 10/19/18. (DJS)
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Filing 13
Memorandum in opposition to re #12 MOTION to Dismiss In Part MOTION to Sever Remaining Claims MOTION to Stay Further Response to Amended Complaint Pending Outcome of Motion to Dismiss and Sever filed by JUSTIN LANE BARGERON, CHASE W. BICKEL, KEVIN FRANSCISCO BORQUEZ, TROY BRENT CHODOSH, ERROLL ALEXANDER EATON, GARY JAMES LECOMTE, CHARLES EDWARD STEWART, DANIEL A. UMBERT. (Attachments: #1 Text of Proposed Order Proposed Order)(Stamboulieh, Stephen)
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Filing 12
MOTION to Dismiss In Part, MOTION to Sever Remaining Claims, MOTION to Stay Further Response to Amended Complaint Pending Outcome of Motion to Dismiss and Sever by FEDERAL BUREAU OF INVESTIGATION, JEFFERSON SESSIONS, UNITED STATES OF AMERICA (Attachments: #1 Proposed Order, #2 Shillingburg Declaration, #3 Barker Declaration (Stewart), #4 Barker Declaration (Bickel), #5 Barker Declaration (Chodosh))(Simon, Jeremy)
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Set/Reset Deadlines: Answer due by 10/2/2018. (tb)
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MINUTE ORDER: Granting #11 Unopposed Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by October 2, 2018. Signed by Judge Tanya S. Chutkan on 9/25/18. (DJS)
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Filing 11
Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Amended Complaint by FEDERAL BUREAU OF INVESTIGATION, JEFFERSON SESSIONS, UNITED STATES OF AMERICA (Attachments: #1 Proposed Order)(Simon, Jeremy) Modified on relief 9/18/2018 (ztd).
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Set/Reset Deadlines: Answer due by 9/18/2018. (tb)
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MINUTE ORDER: Granting #10 Consent Motion for Extension of Time to File Answer. Defendants shall answer or otherwise respond to the complaint by 9/18/18. Signed by Judge Tanya S. Chutkan on 8/9/18. (DJS)
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Filing 10
Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Amended Complaint by FEDERAL BUREAU OF INVESTIGATION, JEFFERSON SESSIONS, UNITED STATES OF AMERICA (Attachments: #1 Proposed Order)(Simon, Jeremy)
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Filing 9
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 7/9/2018; JEFFERSON SESSIONS served on 7/9/2018; UNITED STATES OF AMERICA served on 7/9/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/9/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/9/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 9/7/2018.) (Attachments: #1 Exhibit USPS Proof of Receipt, #2 Exhibit Summons Return on AG, #3 Exhibit USPS Proof of Receipt, #4 Exhibit Summons Return on FBI, #5 Exhibit USPS Proof of Receipt)(Stamboulieh, Stephen)
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Filing 8
SUMMONS (3) Reissued Electronically as to FEDERAL BUREAU OF INVESTIGATION, JEFFERSON SESSIONS, U.S. Attorney (ztd)
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Filing 7
REQUEST FOR SUMMONS TO ISSUE on all defendants re #6 Amended Complaint,,,, filed by ERROLL ALEXANDER EATON, Justin Lane Bargeron, TROY BRENT CHODOSH, Charles Edward Stewart, CHASE W. BICKEL, DANIEL A. UMBERT, Kevin Franscisco Borquez, GARY JAMES LECOMTE. Related document: #6 Amended Complaint,,,, filed by TROY BRENT CHODOSH, ERROLL ALEXANDER EATON, Justin Lane Bargeron, Kevin Franscisco Borquez, CHASE W. BICKEL, DANIEL A. UMBERT, GARY JAMES LECOMTE, Charles Edward Stewart. (Attachments: #1 Exhibit Summons on FBI, #2 Exhibit Summons on Attorney General)(Stamboulieh, Stephen)
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Filing 6
AMENDED COMPLAINT against All Defendants filed by ERROLL ALEXANDER EATON, TROY BRENT CHODOSH, CHASE W. BICKEL, DANIEL A. UMBERT, GARY JAMES LECOMTE, Justin Lane Bargeron, Charles Edward Stewart, Kevin Franscisco Borquez. (Attachments: #1 Exhibit Exhibit 1 FBI FOIA Response NICS, #2 Exhibit Exhibit 2 Umbert Denial, #3 Exhibit Exhibit 3 Troy Chodosh judgment, #4 Exhibit Exhibit 4 Chodosh dismissal, #5 Exhibit Exhibit 5 bickel_redacted, #6 Exhibit Exhibit 6 Errol Alex Expunge_redacted, #7 Exhibit Exhibit 7 Errol Denial, #8 Exhibit Exhibit 8 LeComte, #9 Exhibit Exhibit 9 Bargeron Denial, #10 Exhibit Exhibit 10 Bargeron First Offender Treatment and noll pros, #11 Exhibit Exhibit 11 Bargeron Order of Discharge, #12 Exhibit Exhibit 12 Borquez petition for dismissal, #13 Exhibit Exhibit 13 Borquez order for dismissal.pdf, #14 Exhibit Exhibit 14 Borquez notice of elegibility.pdf, #15 Exhibit Exhibit 15 FBI refusal to conduct NFA appeals.pdf, #16 Exhibit Stewart Denial Letter)(Stamboulieh, Stephen)
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Filing 5
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 6/11/2018; JEFFERSON SESSIONS served on 6/11/2018; UNITED STATES OF AMERICA served on 6/11/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/11/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/11/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 8/10/2018.) (Attachments: #1 Summons Return on FBI, #2 Summons Return on Attorney General, #3 Exhibit Postal Receipt for Service, #4 Exhibit USPS Letter re delivery to Civil Process Clerk, #5 Exhibit USPS Letter re delivery to FBI, #6 Exhibit USPS Letter re delivery to Attorney General)(Stamboulieh, Stephen)
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MINUTE ORDER: Granting #4 Motion for Leave to Appear Pro Hac Vice. Attorney Alan Beck is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Pro hac applicants who seek admission more than twice within two years are highly encouraged to become members of the Bar for this court. Signed by Judge Tanya S. Chutkan on 6/11/18. (DJS)
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Filing 4
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alan Alexander Beck, :Firm- Attorney at Law, :Address- 2692 Harcourt Drive, San Diego, CA 92103. Phone No. - 619-905-9105. Filing fee $ 100, receipt number 0090-5525501. Fee Status: Fee Paid. by CHASE W. BICKEL, TROY BRENT CHODOSH, ERROLL ALEXANDER EATON, GARY JAMES LECOMTE, DANIEL A. UMBERT (Attachments: #1 Declaration Declaration of Alan Beck, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Form of Order Granting PHV Alan Beck)(Stamboulieh, Stephen)
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Filing 3
SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, JEFFERSON SESSIONS, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General. (Attachment: #1 Notice and Consent)(zjd)
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Filing 2
REQUEST FOR SUMMONS TO ISSUE re #1 Complaint,, filed by Erroll Alexander Eaton, Troy Brent Chodosh, Chase W. Bickel, Daniel A Umbert, Gary James Lecomte. Related document: #1 Complaint,, filed by Chase W. Bickel, Erroll Alexander Eaton, Gary James Lecomte, Daniel A Umbert, Troy Brent Chodosh. (Attachments: #1 Summons Summons c/o Civil Process Clerk FBI, #2 Summons Summons c/o Civil Process Clerk USA, #3 Summons Summons c/o Attorney General, #4 Summons Summons on FBI, #5 Summons Summons on Attorney General, #6 Summons Summons on USA c/o Attorney General)(Stamboulieh, Stephen)
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Case Assigned to Judge Tanya S. Chutkan. (zjd)
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Filing 1
COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, JEFFERSON SESSIONS, UNITED STATES OF AMERICA ( Filing fee $ 400 receipt number 0090-5518457) filed by Erroll Alexander Eaton, Troy Brent Chodosh, Chase W. Bickel, Daniel A Umbert, Gary James Lecomte. (Attachments: #1 Civil Cover Sheet Civil Cover, #2 Exhibit Exhibit 1 NICS emails, #3 Exhibit Exhibit 2 - Umbert Denial, #4 Exhibit Exhibit 3 Troy Chodosh judgment, #5 Exhibit Exhibit 4 Chodosh dismissal, #6 Exhibit Exhibit 5 bickel documents, #7 Exhibit Exhibit 6 Erroll Alex Expunge, #8 Exhibit Exhibit 7 Errol Denial, #9 Exhibit Exhibit 8 LeComte Documents)(Stamboulieh, Stephen)
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