TOLTON et al v. JONES DAY
Plaintiff: JANE DOES 1-4, NILAB RAHYAR TOLTON and ANDREA MAZINGO
Defendant: JONES DAY
Case Number: 1:2019cv00945
Filed: April 3, 2019
Court: US District Court for the District of Columbia
Presiding Judge: Randolph D Moss
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2019 Filing 35 SEALED REPLY TO OPPOSITION filed by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON re #1 MOTION to Proceed Under Pseudonym MOTION for Order (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration Russell Kornblith, #2 Declaration #3 Exhibit to Declaration)(ztd) Modified on 7/10/2019 to match public attachment title (kt).
July 10, 2019 Opinion or Order MINUTE ORDER: Upon consideration of the unopposed motion for leave to file document under seal, Dkt. 33, it is hereby ORDERED that the motion is GRANTED. The unredacted memorandum in support of Plaintiff's reply, sealed declaration, and corresponding exhibits are hereby DEEMED FILED. Signed by Judge Randolph D. Moss on 7/10/2019. (lcrdm2, )
July 8, 2019 Filing 34 NOTICE of Appearance by Katie Marie Mueting on behalf of All Plaintiffs (Mueting, Katie) (Main Document 34 replaced on 7/9/2019) (ztd).
July 3, 2019 Filing 33 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support of Motion to Seal, #2 Declaration of Russell Kornblith, #3 Exhibit 1 (Sealed Declaration), #4 Exhibit A to Sealed Declaration, #5 Exhibit 2 (Sealed Unredacted Memorandum of Law), #6 Text of Proposed Order)(Kornblith, Russell)
July 3, 2019 Filing 32 REPLY to opposition to motion re #20 Second MOTION to Proceed Under Pseudonym (Redacted) filed by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON. (Kornblith, Russell)
July 2, 2019 Filing 31 SEALED DOCUMENT filed by JONES DAY. re #1 MOTION to Proceed Under Pseudonym MOTION for Order filed by ANDREA MAZINGO, NILAB RAHYAR TOLTON, JANE DOES 1-4. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration Kevyn D. Orr, #2 Declaration Michael R. Shumaker)(ztd)
July 2, 2019 Opinion or Order MINUTE ORDER: In light of the parties' joint status report, Dkt, 28, it is hereby ORDERED that the following schedule shall govern class certification briefing: Plaintiffs shall file their motion for class certification on or before 90 days from the date that Jones Day files an answer to Plaintiffs' amended complaint; Defendant shall file an opposition on or before 30 days from the date of Plaintiffs' motion; and Plaintiffs shall file a reply on or before 14 days from Defendant's opposition. Should either party seek to extend this schedule due to any pre-class certification discovery dispute, the parties are directed to file a motion at that time. Signed by Judge Randolph D. Moss on 7/2/2019. (lcrdm2, )
July 2, 2019 Opinion or Order MINUTE ORDER: Upon consideration of the unopposed motion for leave to file document under seal, Dkt. 30, it is hereby ORDERED that the motion is GRANTED. The sealed declarations and unredacted memorandum in support of Defendant's opposition are hereby DEEMED FILED. Signed by Judge Randolph D. Moss on 7/2/2019. (lcrdm2, )
June 27, 2019 Filing 30 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by JONES DAY (This document is SEALED and only available to authorized persons.) (Attachments: #1 Unredacted Memorandum in Opposition to Motion to Proceed under Pseudonym, #2 Exhibit A - Orr Declaration, #3 Exhibit B - Shumaker Declaration, #4 Proposed Order)(Powers, MaryEllen)
June 27, 2019 Filing 29 Memorandum in opposition to re #20 Second MOTION to Proceed Under Pseudonym filed by JONES DAY. (Attachments: #1 Proposed Order)(Powers, MaryEllen)
June 26, 2019 Filing 28 Joint STATUS REPORT by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON. (Marcuse, Deborah)
June 25, 2019 NOTICE OF CORRECTED DOCKET ENTRY: re #26 Amended Complaint, was entered in error at the request of counsel. Said pleading was refiled as document #27 . (tth)
June 24, 2019 Filing 27 AMENDED COMPLAINT against JONES DAY with Jury Demand filed by NILAB RAHYAR TOLTON, ANDREA MAZINGO, JANE DOES 1-4. (Attachments: #1 Exhibit Redline Comparison to Original Complaint)(Marcuse, Deborah); Modified text at the request of counsel on 6/25/2019 (tth).
June 24, 2019 Filing 26 ENTERED IN ERROR.....AMENDED COMPLAINT against JONES DAY with Jury Demand filed by NILAB RAHYAR TOLTON, ANDREA MAZINGO, JANE DOES 1-4. (Attachments: #1 Exhibit Redline Comparison to Original Complaint)(Marcuse, Deborah); Modified on 6/25/2019 (tth).
June 20, 2019 Filing 25 NOTICE Third Notice of Filing of Consent to Join Form by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (Attachments: #1 Notice and Consent)(Marcuse, Deborah)
June 20, 2019 Opinion or Order MINUTE ORDER: Upon consideration of the Motion for Leave to Appear Pro Hac Vice, Dkt. 22, it is hereby ORDERED that the motion is GRANTED. Russell L. Kornblith may appear pro hac vice in this matter. Signed by Judge Randolph D. Moss on 6/20/2019. (lcrdm2, )
June 18, 2019 Filing 24 SEALED DOCUMENT (Memorandum) filed by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON. re #20 Second MOTION to Proceed Under Pseudonym filed by ANDREA MAZINGO, NILAB RAHYAR TOLTON, JANE DOES 1-4. (This document is SEALED and only available to authorized persons.)(ztd) (Main Document 24 replaced on 6/20/2019) (znmw).
June 18, 2019 Filing 23 SEALED DOCUMENT (Declaration) filed by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON. re #20 Second MOTION to Proceed Under Pseudonym filed by ANDREA MAZINGO, NILAB RAHYAR TOLTON, JANE DOES 1-4. (This document is SEALED and only available to authorized persons.)(ztd)
June 18, 2019 Filing 22 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Russell L. Kornblith, :Firm- Sanford Heisler Sharp, LLP, :Address- 1350 Avenue of the Americas, 31st Floor. Phone No. - (646) 402-5646. Fax No. - (646) 402-5651 Filing fee $ 100, receipt number 0090-6197215. Fee Status: Fee Paid. by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (Attachments: #1 Declaration of Russell L. Kornblith, #2 Text of Proposed Order)(Marcuse, Deborah)
June 18, 2019 Opinion or Order MINUTE ORDER: Upon consideration of the unopposed motion for leave to file document under seal, Dkt. 21, it is hereby ORDERED that the motion is GRANTED. The sealed declaration and unredacted memorandum in support of the second motion to proceed under pseudonym are hereby DEEMED FILED. Signed by Judge Randolph D. Moss on 6/18/2019. (lcrdm2, )
June 17, 2019 Filing 21 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support of Motion to Seal, #2 Declaration of Deborah Marcuse, #3 Exhibit A (Sealed Declaration), #4 Exhibit B (Sealed Unredacted Memorandum of Law), #5 Text of Proposed Order)(Marcuse, Deborah)
June 17, 2019 Filing 20 Second MOTION to Proceed Under Pseudonym by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (Attachments: #1 Memorandum in Support (Redacted), #2 Declaration of Deborah Marcuse, #3 Text of Proposed Order)(Marcuse, Deborah)
June 12, 2019 Filing 19 Consent MOTION to Modify Minute Order by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (Attachments: #1 Text of Proposed Order to Modify Minute Order)(Marcuse, Deborah)
June 12, 2019 Opinion or Order MINUTE ORDER: In light of Plaintiffs' consent motion for modification of minute order, it is hereby ORDERED that the following schedule shall govern: Plaintiffs shall file an Amended Complaint on or before June 24, 2019, in which Jane Doe Plaintiffs who intend to proceed under their own names shall supplement their allegations accordingly; Jane Doe 4 shall file a renewed motion to proceed under pseudonym, along with further evidence, if any, in support of pseudonymity on or before June 17, 2019; Defendant shall file any opposition on or before June 27, 2019, and any Plaintiffs shall file reply on or before July 3, 2019; and the parties shall meet and confer and submit a joint status report on or before June 26, 2019. Signed by Judge Randolph D. Moss on 6/12/2019. (lcrdm2, )
June 12, 2019 Set/Reset Deadlines: Plaintiffs' Amended Complaint due by 6/24/2019. Jane Doe 4 Renewed Motion to proceed under pseudonym due by 6/17/2019. Defendant shall file any opposition due by 6/27/2019. Plaintiffs shall file Reply by 7/3/2019. Parties Meet & Confer Statement due by 6/26/2019. (dot)
June 9, 2019 Filing 18 NOTICE Second Notice of Filing of Consent to Join Forms by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (Attachments: #1 Exhibit A)(Marcuse, Deborah)
May 31, 2019 Filing 17 TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on May 30, 2019. Page Numbers: 1 - 57. Date of Issuance: May 31, 2019. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. 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 ab ove. 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 6/21/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/29/2019.(Hook, Jeff)
May 30, 2019 Set/Reset Deadlines: Plaintiffs shall provide additional evidence, if any, in support of pseudonymity by filing supplemental declarations for the two Jane Does currently in the United States on or before June 12, 2019, and for the two Jane Does travelling abroad on or before June 19, 2019. Defendant may file a response on or before June 26, 2019. Joint Status Report due by 6/19/2019. (dot)
May 30, 2019 Opinion or Order MINUTE ORDER: For the reasons stated on the record, it is herebyORDERED that Defendant may disclose the identities of the Jane Doe Plaintiffs for the sole purpose of investigating the allegations contained in the Complaint and for preparing an answer or dispositive motion in response. In all other respects, the Court's April 9, 2019 Minute Order remains in place pending further order of the Court. It is further ORDERED that Plaintiffs shall provide additional evidence, if any, in support of pseudonymity by filing supplemental declarations for the two Jane Does currently in the United States on or before June 12, 2019, and for the two Jane Does travelling abroad on or before June 19, 2019. Defendant may file a response on or before June 26, 2019; and It is further ORDERED that the parties shall meet and confer and submit a joint status report, on or before June 19, 2019, proposing a schedule for filing an amended complaint, if any. Signed by Judge Randolph D. Moss on 5/30/2019. (lcrdm2, )
May 30, 2019 Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 5/30/2019 re: #12 MOTION Compel Compliance with Federal Rule 10(a) filed by JONES DAY. Order forthcoming. (Court Reporter: Jeff Hook.) (kt)
May 29, 2019 Filing 16 WAIVER OF SERVICE by NILAB RAHYAR TOLTON, ANDREA MAZINGO, JANE DOES 1-4. JONES DAY waiver sent on 5/28/2019, answer due 7/27/2019. (Marcuse, Deborah)
May 28, 2019 Set/Reset Hearings: The Motion Hearing set for 5/28/2019 is VACATED and RESCHEDULED for 5/30/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)
May 28, 2019 Opinion or Order MINUTE ORDER: It is hereby ORDERED that the motions hearing scheduled for May 28, 2019 is hereby VACATED and RESCHEDULED for 10:00 a.m. May 30, 2019 in Courtroom 21. Signed by Judge Randolph D. Moss on 5/28/2019. (lcrdm2, )
May 24, 2019 Filing 15 REPLY to opposition to motion re #12 MOTION Compel Compliance with Federal Rule 10(a) filed by JONES DAY. (Attachments: #1 Declaration of Terri Chase)(Powers, MaryEllen)
May 24, 2019 Set/Reset Hearings: Motion Hearing set for 5/28/2019, at 2:45 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt)
May 24, 2019 Opinion or Order MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer with regard to Plaintiffs' pseudonymity. It is further ORDERED that the parties shall appear for a hearing on the Motion to Compel Compliance with Federal Rule 10(a), Dkt. 12, at 2:45 p.m. on May 28, 2019 in Courtroom 21. Signed by Judge Randolph D. Moss on 5/24/2019. (lcrdm2, )
May 23, 2019 Filing 14 Memorandum in opposition to re #12 MOTION Compel Compliance with Federal Rule 10(a) filed by JANE DOES 1-4. (Attachments: #1 Declaration of Deborah K. Marcuse, #2 Exhibit A to Marcuse Declaration, #3 Exhibit B to Marcuse Declaration, #4 Exhibit C to Marcuse Declaration)(Marcuse, Deborah)
May 20, 2019 Filing 13 NOTICE of Appearance by MaryEllen Powers on behalf of JONES DAY (Powers, MaryEllen)
May 20, 2019 Filing 12 MOTION Compel Compliance with Federal Rule 10(a) by JONES DAY (Attachments: #1 Declaration, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Exhibit 4 to Declaration, #6 Text of Proposed Order)(Heifetz, Beth)
May 20, 2019 Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Terri L. Chase, :Firm- Jones Day, :Address- 250 Vesey Street New York, NY 10281. Phone No. - (212) 326-3939. Fax No. - (212) 755-7306 Filing fee $ 100, receipt number 0090-6133325. Fee Status: Fee Paid. by JONES DAY (Attachments: #1 Declaration, #2 Text of Proposed Order)(Heifetz, Beth)
May 20, 2019 Filing 10 NOTICE of Appearance by Beth Rochelle Heifetz on behalf of JONES DAY (Heifetz, Beth)
May 20, 2019 Opinion or Order MINUTE ORDER: Upon consideration of the Motion for Leave to Appear Pro Hac Vice, Dkt. 11, it is hereby ORDERED that the motion is GRANTED. Terri L. Chase may appear pro hac vice in this matter. Signed by Judge Randolph D. Moss on 5/20/2019. (lcrdm2, )
May 20, 2019 Set/Reset Deadlines: Plaintiffs shall file a response to Defendant's motion to Compel Compliance with Federal Rule 10(a), Dkt. 12, on or before 5/23/2019. (kt)
May 20, 2019 Opinion or Order MINUTE ORDER: It is hereby ORDERED that Plaintiffs shall file a response to Defendant's motion to Compel Compliance with Federal Rule 10(a), Dkt. 12, on or before May 23, 2019. It is further ORDERED that, if Plaintiffs have not already done so, Plaintiffs shall provide Defendant with a copy of the sealed declaration in support of Plaintiffs' Motion to Proceed Under Pseudonym, Dkt. 3. Signed by Judge Randolph D. Moss on 5/20/2019. (lcrdm2, )
May 6, 2019 Filing 9 NOTICE of Filing Consent Forms by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (Attachments: #1 Notice and Consent, #2 Notice and Consent, #3 Notice and Consent, #4 Notice and Consent, #5 Notice and Consent, #6 Notice and Consent)(Marcuse, Deborah)
May 3, 2019 Filing 8 ERRATA Amended Caption and Signature Pages by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON #4 Complaint filed by ANDREA MAZINGO, NILAB RAHYAR TOLTON, JANE DOES 1-4. (Attachments: #1 Errata Amended Caption Page, #2 Errata Amended Signature Page)(Marcuse, Deborah)
April 9, 2019 Opinion or Order MINUTE ORDER: In ruling on Plaintiffs' prior Motion to Proceed Under Pseudonyms, Dkt. 1, Chief Judge Howell ordered that Exhibit A to Plaintiffs' motion "remain under seal until further order of the Court" subject to "any further consideration by the United States District Judge to whom this case is randomly assigned." Dkt. 2 at 7. Following that memorandum opinion and order, Plaintiffs filed a "Notice of Motion to Seal Portions of the Record," Dkt. 5, as well as a separate motion "seeking a protective order" to seal "Exhibit A... to the Jane Doe Plaintiffs' Motion to Proceed Under Psedonyms [Dkt. 1]," Dkt. 6. Because the Notice of Motion to Seal Portions of the Record, Dkt. 5, references a "memorandum in support filed with it" but contained no attachment nor identified any portion of the record to be sealed, the Court understands that document to seek the same relief identified in Dkt. 6. To the extent that both motions seek an order that Exhibit A to Plaintiffs' Motion to Proceed Under Pseduonym, Dkt. 3, shall remain sealed, it is hereby ORDERED that the motions are GRANTED. Having reviewed the record, Plaintiffs' motions to date, and Chief Judge Howell's memorandum opinion and order, the Court agrees that Plaintiffs' significant interest in maintaining their anonymity at this stage of the litigation is sufficient to overcome any general presumption in favor of open proceedings. See United States v. Hubbard, 650 F.2d 293, 317-321 (D.C. Cir. 1980). Accordingly, for the reasons set forth in Chief Judge Howell's memorandum opinion and order, it is hereby ORDERED that Exhibit A to the Jane Doe Plaintiffs' Motion to Proceed Under Pseudonyms shall remain sealed pending further order of the Court and that Defendant is prohibited from publicly disclosing the Plaintiffs' identities or any personal identifying information that could lead to the identification of the Plaintiffs by non-parties. Signed by Judge Randolph D. Moss on 4/9/2019. (lcrdm2, )
April 3, 2019 Opinion or Order Filing 7 STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 4/3/2019. (lcrdm2, )
April 3, 2019 Filing 6 MOTION for Protective Order Sealing Portions Of The Court Record by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (jf)
April 3, 2019 Filing 5 MOTION To Seal Portions Of The Record by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (Attachments: #1 Text of Proposed Order)(jf)
April 3, 2019 Filing 4 COMPLAINT against JONES DAY ( Filing fee $ 400, receipt number 4616097419) with Jury Demand filed by NILAB RAHYAR TOLTON, ANDREA MAZINGO, JANE DOES 1-4. (Attachments: #1 Civil Cover Sheet)(jf)
April 3, 2019 Filing 3 SEALED Declaration filed by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON. (This document is SEALED and only available to authorized persons.)(zjf)
April 3, 2019 Opinion or Order Filing 2 ORDER granting #1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 04/03/2019. (see order for full detail) (jf)
April 3, 2019 Filing 1 MOTION to Proceed Under Pseudonym by JANE DOES 1-4, ANDREA MAZINGO, NILAB RAHYAR TOLTON (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(jf). Added MOTION for Order on 4/3/2019 (ztd).

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Search for this case: TOLTON et al v. JONES DAY
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Defendant: JONES DAY
Represented By: Beth Rochelle Heifetz
Represented By: MaryEllen Powers
Represented By: Terri L. Chase
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Plaintiff: JANE DOES 1-4
Represented By: Deborah Kristine Marcuse
Represented By: Katie Marie Mueting
Represented By: Russell L. Kornblith
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Plaintiff: NILAB RAHYAR TOLTON
Represented By: Deborah Kristine Marcuse
Represented By: Katie Marie Mueting
Represented By: Russell L. Kornblith
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Plaintiff: ANDREA MAZINGO
Represented By: Deborah Kristine Marcuse
Represented By: Katie Marie Mueting
Represented By: Russell L. Kornblith
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