ARNOLD, et al v. SECRETARY OF THE NAVY et al
| JOSEPH DUFOUR, ANDREW CALHOUN, TIMOTHY DEMY, DENISE Y. MERRITT, RENE PORTER-STEWART, RAFAEL J. QUILES, MICHAEL LAVELLE, ARMANDO TORRALVA, MICHAEL BELT, GEORGE W. LINZEY, MARTHA CARSON, JAIRO MORENO, JAMES LOOBY, RICK P. BRADLEY, DAVID MITCHELL, DAVID S. WILDER, DANIEL ROYSDEN, RICHARD ARNOLD, FURNISS HARKNESS, ALAN GARNER, TOM KLAPPERT, ALLEN L. LANCASTER, WILLIAM C. BLAIR, JOHN GORDY, BARBY EARL WILSON, WALKER MARSH, JR. and MARY HELEN SPALDING |
| NAVY CHIEF OF CHAPLAINS, SECRETARY OF THE NAVY and CHIEF OF NAVAL PERSONNEL |
| 1:2019cv02755 |
| September 16, 2019 |
| US District Court for the District of Columbia |
| John D Bates |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 29 MOTION to Dismiss by CHIEF OF NAVAL PERSONNEL, NAVY CHIEF OF CHAPLAINS, SECRETARY OF THE NAVY (Attachments: #1 Text of Proposed Order)(Patil, Chetan) |
| Set/Reset Deadlines: Defendants' Motion to Dismiss shall be filed by 11/1/2019; Plaintiffs Response is due by 12/16/2019; Defendants Reply, if any, is due by 1/15/2020. (jth) |
MINUTE ORDER: Pursuant to the status conference held on September 30, 2019, it is hereby ORDERED that defendants' motion to dismiss shall be filed by not later than November 1, 2019; plaintiffs shall file their response by not later than December 16, 2019; and defendants shall file their reply in support of the motion to dismiss by not later than January 15, 2020. Signed by Judge John D. Bates on 10/22/2019. (lcjdb1)
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| Minute Entry for proceedings held before Judge John D. Bates: Status Conference held on 9/30/2019. Scheduling Order to be Issued. (Court Reporter: Bryan A. Wayne) (jth) |
| Filing 28 NOTICE of Appearance by Chetan A. Patil on behalf of All Defendants (Patil, Chetan) |
| Set/Reset Hearings: Status Conference set for 9/30/2019 at 02:15 PM in Courtroom 30A before Judge John D. Bates. (tb) |
| Filing 27 Case transferred in from District of Virginia Eastern; Case Number 2:19-cv-00095. Original file certified copy of transfer order and docket sheet received. |
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MINUTE ORDER: Upon consideration of the entire record herein, it is hereby ORDERED that a status conference is scheduled on September 30, 2019, at 2:15 p.m. in Courtroom 30A. Signed by Judge John D. Bates on 9/16/19. (lcjdb1)
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Filing 26
OPINION & ORDER granting in part and denying in part #9 Motion to Change Venue. See Opinion & Order for details. Copies distributed to all counsel. Signed by District Judge Henry C. Morgan, Jr on 9/12/2019. (clou ) [Transferred from Virginia Eastern on 9/16/2019.]
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Filing 25
ORDER granting #24 MOTION for Extension (Unopposed) for a Nine Minute Extension to File a Supplemental Brief. Copies distributed to all counsel. Signed by District Judge Henry C. Morgan, Jr on 6/25/2019. (clou ) [Transferred from Virginia Eastern on 9/16/2019.]
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| Filing 24 MOTION for Extension (Unopposed) for a Nine Minute Extension to File a Supplemental Brief by Richard Arnold, Michael Belt, William C. Blair, Rick P. Bradley, Andrew Calhoun, Martha Carson, Timothy Demy, Joseph Dufour, Alan Garner, John Gordy, Furniss Harkness, Tom Klappert, Allen L. Lancaster, Michael Lavelle, George W. Linzey, James Looby, Walker Marsh, Jr, Denise Y. Merritt, David Mitchell, Jairo Moreno, Rene Porter-Stewart, Rafael J. Quiles, Daniel Roysden, Mary Helen Spalding, Armando Torralva, David S. Wilder, Barby Earl Wilson. (Schulcz, Arthur) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 23 Memorandum & Supplemental Brief in response to #20 Motion Hearing,, filed by Richard Arnold, Michael Belt, William C. Blair, Rick P. Bradley, Andrew Calhoun, Martha Carson, Timothy Demy, Joseph Dufour, Alan Garner, John Gordy, Furniss Harkness, Tom Klappert, Allen L. Lancaster, Michael Lavelle, George W. Linzey, James Looby, Walker Marsh, Jr, Denise Y. Merritt, David Mitchell, Jairo Moreno, Rene Porter-Stewart, Rafael J. Quiles, Daniel Roysden, Mary Helen Spalding, Armando Torralva, David S. Wilder, Barby Earl Wilson. (Schulcz, Arthur) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 22 Brief in Support to #9 MOTION to Change Venue filed by The Chief of Naval Personnel, The Navy Chief of Chaplains, The Secretary of the Navy. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hartlieb, Garry) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 21 TRANSCRIPT of proceedings (Motion to Change Venue) held on 06-13-2019, before Judge Henry Coke Morgan, Jr., Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/17/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 9/16/2019.(naughton, carol) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 20 Motion Hearing before District Judge Henry C. Morgan, Jr. held on 6/13/2019 re #9 MOTION to Change Venue filed by The Secretary of the Navy. Appearances: Arthur A. Schulcz, Sr. for the Plaintiffs. Chetan Patil and Joel E. Wilson for the Defendants. Arguments of counsel heard. Comments of Court. This case has been in the District of Columbia circuit for several years and has had 5 years of discovery. Both parties have 10 days to submit further briefs regarding the severance of the individual claims by Judge Bates, District of Columbia. Court adjourned. (Court Reporter Carol Naughton, OCR.)(lbax, ) [Transferred from Virginia Eastern on 9/16/2019.] |
| Motion Hearing as to #9 MOTION to Change Venue set for 6/13/2019 at 02:30 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 19 REPLY to Response to Motion re #9 MOTION to Change Venue filed by The Chief of Naval Personnel, The Navy Chief of Chaplains, The Secretary of the Navy. (Hartlieb, Garry) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 18 RESPONSE in Opposition re #9 MOTION to Change Venue filed by Richard Arnold, Michael Belt, William C. Blair, Rick P. Bradley, Andrew Calhoun, Martha Carson, Timothy Demy, Joseph Dufour, Alan Garner, John Gordy, Furniss Harkness, Tom Klappert, Allen L. Lancaster, Michael Lavelle, George W. Linzey, James Looby, Walker Marsh, Jr, Denise Y. Merritt, David Mitchell, Jairo Moreno, Rene Porter-Stewart, Rafael J. Quiles, Daniel Roysden, Mary Helen Spalding, Armando Torralva, David S. Wilder, Barby Earl Wilson. (Attachments: #1 Exhibit 1 Extract Adair Docket, #2 Exhibit 2 DC Decisions, #3 Exhibit 3 Discovery History, #4 Exhibit 4 Exracts DODIG, #5 Exhibit 5 Complaint Counts 1-5, #6 Exhibit 6 RADM Black NIG, #7 Exhibit 7 Washburn NIG, #8 Exhibit 8 AAS Decl)(Schulcz, Arthur) [Transferred from Virginia Eastern on 9/16/2019.] |
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Filing 17
ORDER granting #15 Motion for Pro hac vice for Chetan Patil as to The Chief of Naval Personnel, The Navy Chief of Chaplains and The Secretary of the Navy. Signed by District Judge Henry C. Morgan, Jr on 5/3/19. (tlev, ) [Transferred from Virginia Eastern on 9/16/2019.]
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Filing 16
ORDER granting #14 MOTION to Stay, Modify Pretrial Order, and for Protective Order. ORDERED that all case proceedings, including Defendants' Answer or Rule 12 Motion, are stayed. Signed by District Judge Henry C. Morgan, Jr on 5/3/2019. (clou ) [Transferred from Virginia Eastern on 9/16/2019.]
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| Filing 15 Motion to appear Pro Hac Vice by Chetan Patil and Certification of Local Counsel Garry D. Hartlieb by The Chief of Naval Personnel, The Navy Chief of Chaplains, The Secretary of the Navy. (Hartlieb, Garry) Modified text and event on 4/30/2019 (clou ). [Transferred from Virginia Eastern on 9/16/2019.] |
| Notice of Correction re #13 Motion to appear Pro Hac Vice by Chetan Patil and Certification of Local Counsel Garry D. Hartlieb. The motion does not match the docket entry regarding parties represented. Counsel should refile the motion with the corrected information. (tlev, ) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 14 MOTION to Stay , Modify Pretrial Order, and for Protective Order by The Chief of Naval Personnel, The Navy Chief of Chaplains, The Secretary of the Navy . (Attachments: #1 Proposed Order (Agreed))(Hartlieb, Garry) Modified docket text on 4/30/2019 (clou ). [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 13 Motion to appear Pro Hac Vice by Chetan Patil and Certification of Local Counsel by The Secretary of the Navy. (Hartlieb, Garry) Modified on 4/30/2019 to correct docket event (clou ). [Transferred from Virginia Eastern on 9/16/2019.] |
| Notice of Correction re #8 Motion to appear Pro Hac Vice by Chetan Patil and Certification of Local Counsel Garry D. Hartlieb . The motion does not contain the signature of the applicant. Local counsel should file a corrected motion that includes the written signature of the applicant. Counsel should not pay a second fee. (tlev, ) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 12 NOTICE of Appearance by Joel Eric Wilson on behalf of The Chief of Naval Personnel, The Navy Chief of Chaplains, The Secretary of the Navy (Wilson, Joel) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 11 Request for Hearing by The Secretary of the Navy re #9 MOTION to Change Venue (Hartlieb, Garry) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 10 Memorandum in Support re #9 MOTION to Change Venue filed by The Secretary of the Navy. (Hartlieb, Garry) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 9 MOTION to Change Venue by The Chief of Naval Personnel, The Navy Chief of Chaplains, The Secretary of the Navy. (Hartlieb, Garry) Modified text on 4/30/2019 (clou ). [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 8 Motion to appear Pro Hac Vice by Chetan Patil and Certification of Local Counsel Garry D. Hartlieb by The Secretary of the Navy. (Hartlieb, Garry) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 7 Certificate and AFFIDAVIT of Service for Complaint & Summons served on Sec. of Navy, Chief of Naval Personnel, Navy Chief of Chaplains on 03/07/2019, filed by Richard Arnold, Michael Belt, William C. Blair, Rick P. Bradley, Andrew Calhoun, Martha Carson, Timothy Demy, Joseph Dufour, Alan Garner, John Gordy, Furniss Harkness, Tom Klappert, Allen L. Lancaster, Michael Lavelle, George W. Linzey, James Looby, Walker Marsh, Jr, Denise Y. Merritt, David Mitchell, Jairo Moreno, Rene Porter-Stewart, Rafael J. Quiles, Daniel Roysden, Mary Helen Spalding, Armando Torralva, David S. Wilder, Barby Earl Wilson. (Attachments: #1 Exhibit 1 3 Issued Summons, #2 Exhibit 2 USPS for Sec. of Navy, #3 Exhibit 3 USPS US Aty EDVA, #4 Exhibit 4 USPS US AG)(Schulcz, Arthur) [Transferred from Virginia Eastern on 9/16/2019.] |
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Filing 6
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 5/8/2019 at 09:30 AM in Norfolk - Clerk's Office Conference Room, 1st Floor. Signed by Magistrate Judge Douglas E. Miller on 4/16/19. (lbax, ) [Transferred from Virginia Eastern on 9/16/2019.]
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| Filing 5 CERTIFICATE of Service re #1 Complaint,,,, by Garry D. Hartlieb on behalf of All Defendants (Hartlieb, Garry) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 4 EXHIBIT Errata for Exhibit 2 re #1 Complaint by Richard Arnold, Michael Belt, William C. Blair, Rick P. Bradley, Andrew Calhoun, Martha Carson, Timothy Demy, Joseph Dufour, Alan Garner, John Gordy, Furniss Harkness, Tom Klappert, Allen L. Lancaster, Michael Lavelle, George W. Linzey, James Looby, Walker Marsh, Jr, Denise Y. Merritt, David Mitchell, Jairo Moreno, Rene Porter-Stewart, Rafael J. Quiles, Daniel Roysden, Mary Helen Spalding, Armando Torralva, David S. Wilder, Barby Earl Wilson.. (Attachments: #1 Errata Exhibit 2)(Schulcz, Arthur) Modified text on 3/4/2019 (clou ). [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 3 Three (3) Summonses Issued as to The Chief of Naval Personnel, The Navy Chief of Chaplains, The Secretary of the Navy. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Civil Motions Procedures)(epri, ) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 2 Proposed Summons by Richard Arnold, Michael Belt, William C. Blair, Rick P. Bradley, Andrew Calhoun, Martha Carson, Timothy Demy, Joseph Dufour, Alan Garner, John Gordy, Furniss Harkness, Tom Klappert, Allen L. Lancaster, Michael Lavelle, George W. Linzey, James Looby, Walker Marsh, Jr, Denise Y. Merritt, David Mitchell, Jairo Moreno, Rene Porter-Stewart, Rafael J. Quiles, Daniel Roysden, Mary Helen Spalding, Armando Torralva, David S. Wilder, Barby Earl Wilson. (Schulcz, Arthur) [Transferred from Virginia Eastern on 9/16/2019.] |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6517015.), filed by Alan Garner, Jairo Moreno, Andrew Calhoun, Armando Torralva, Barby Earl Wilson, James Looby, Edith Rene' Porter-Stewart, Allen L Lancaster, Walker Marsh Jr, Rafael J. Quiles, George W. Linzey, Furniss Harkness, David S. Wilder, Mary Helen Spalding, Rick P Bradley, Richard Arnold, Timothy Demy, John Gordy, David Mitchell, Thomas Klappert, Michael Lavelle, Martha Carson, Michael Belt, Daniel Roysden, Denise Y Merritt, Joseph Dufour, William C Blair. (Attachments: #1 Exhibit 1 Pls Retaliation Claims, #2 Exhibit 2 Leuba 38 Yrs, #3 Exhibit 3 CHC Blackball Machine, #4 Exhibit 4 RADM Black's NIG Test, #5 Exhibit 5 Washburn NIG Testimony, #6 Exhibit 6 CHC Bd Mbrs Denom, #7 Exhibit 7 Dickerson Decl, #8 Exhibit 8 Stafford Report, #9 Exhibit 9 Demy Declaration, #10 Exhibit 10 Gary Heinke Decl, #11 Exhibit 11 Ellis Report, #12 Exhibit 12 CNA Denom Prom %, #13 Civil Cover Sheet)(Schulcz, Arthur) [Transferred from Virginia Eastern on 9/16/2019.] |
| Initial Case Assignment to District Judge Henry C. Morgan, Jr and Magistrate Judge Douglas E. Miller. (epri, ) [Transferred from Virginia Eastern on 9/16/2019.] |
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