EISENBERG v. WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL et al
| MICHAEL D.J. EISENBERG |
| WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL, RACHAEL L. FLECHER CIPOLETTI, JESSICA H. DONAHUE RHODES and OFFICE OF LAWYERS DISCIPLINARY COUNSEL |
| 1:2019cv03006 |
| October 7, 2019 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on June 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 27 SURREPLY to re #24 Reply to opposition to Motion, filed by MICHAEL D.J. EISENBERG. (Eisenberg, Michael) |
MINUTE ORDER granting #25 Motion for Leave to File. Petitioner's motion for leave to file a surreply does not identify the new case law or new issues that the respondents "appear to raise" in their reply to his motion to dismiss. However, notwithstanding respondents' objections, plaintiff may respond to any legal issues raised in the reply that were not raised in the initial motion to dismiss - and only those issues - in a surreply that does not exceed five pages, and that does not repeat arguments already included in plaintiff's opposition, by February 21, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/10/2020. (lcabj3)
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MINUTE ORDER denying #26 Motion for Hearing. The Court has the matter under review and will schedule a hearing if and when it deems it necessary. For that reason, plaintiff's motion is DENIED without prejudice. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/10/2020. (lcabj3)
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| Filing 26 MOTION for Hearing for Oral Arguments by MICHAEL D.J. EISENBERG (Eisenberg, Michael) |
| Filing 25 MOTION for Leave to File Surreply by MICHAEL D.J. EISENBERG (Eisenberg, Michael) |
| Filing 24 REPLY to opposition to motion re #14 MOTION to Dismiss Amended Complaint filed by JESSICA H. DONAHUE RHODES, RACHAEL L. FLECHER CIPOLETTI, WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL. (Attachments: #1 Exhibit A)(Smith, Amy) |
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MINUTE ORDER. Defendants' pending #14 motion to dismiss is predicated largely on Fed. R. Civ. P. 12(b)(1) and the Court's lack of jurisdiction to hear the dispute at all based on abstention principles as well as immunity grounds. Accordingly, the Court believes that it is prudent to defer further briefing and consideration of plaintiff's #22 motion for leave to amend his complaint a second time until after it determines whether it has jurisdiction to hear the case. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/31/2020. (lcabj3)
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| Filing 22 Second MOTION to Amend/Correct #13 Amended Complaint by MICHAEL D.J. EISENBERG (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Redline, #3 Text of Proposed Order PO)(Eisenberg, Michael) |
| Filing 23 SEALED Exhibits re #20 Memorandum in Opposition filed by MICHAEL D.J. EISENBERG. (This document is SEALED and only available to authorized persons.)(zjf) |
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MINUTE ORDER granting #21 Sealed Motion for Leave to File Document Under Seal. The Clerk is directed to file under seal the exhibits [21-1] [21-2] [21-3] to Plaintiff's #20 opposition to the #14 Motion to Dismiss the Amended Complaint. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/28/2020. (lcabj3) Modified on 1/28/2020 (jth).
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| Filing 21 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MICHAEL D.J. EISENBERG (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Eisenberg, Michael) |
| Filing 20 Memorandum in opposition to re #14 MOTION to Dismiss Amended Complaint filed by MICHAEL D.J. EISENBERG. (Eisenberg, Michael) |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss Amended Complaint by MICHAEL D.J. EISENBERG (Eisenberg, Michael) |
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MINUTE ORDER granting #19 Motion for Extension of Time to File Response/Reply. Plaintiff must file his opposition by January 27, 2020. If the opposition is not filed in accordance with this third motion for extension of time, plaintiff must show cause why the matter should not be dismissed for want of prosecution. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/24/2020. (lcabj3)
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MINUTE ORDER granting #18 Motion for Extension of Time to File. Plaintiff must file his response to defendants' #14 motion to dismiss by January 24, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/21/2020. (lcabj3)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss Amended Complaint by MICHAEL D.J. EISENBERG (Eisenberg, Michael) |
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MINUTE ORDER granting #17 Motion for Extension of Time to File Response/Reply. Plaintiff must file a response to defendants' motion to dismiss by January 17, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/2/2020. (lcabj3)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss Amended Complaint to now be due on January 17, 2020 by MICHAEL D.J. EISENBERG (Eisenberg, Michael) |
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MINUTE ORDER granting #16 Motion for Extension of Time. The parties must file their Rule 26(f) report 21 days after the resolution of the #14 motion to dismiss. In addition, discovery will be stayed until 21 days after resolution of the #14 motion to dismiss. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/19/2019. (lcabj3)
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| Filing 16 Joint MOTION for Extension of Time to File Rule 26(f) Report and Stay Discovery Pending Resolution of Motion to Dismiss Amended Complaint by JESSICA H. DONAHUE RHODES, RACHAEL L. FLECHER CIPOLETTI, WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL (Attachments: #1 Text of Proposed Order)(Smith, Amy). Added MOTION to Stay on 12/23/2019 (jf). |
| Set/Reset Deadlines: Plaintiff's Response to Defendants' #14 Motion to Dismiss is due by 1/3/2020. (jth) |
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Filing 15
ORDER. It is ORDERED that plaintiff must respond to defendants' #14 motion to dismiss on or before January 3, 2020. If plaintiff fails to file a timely response, the Court may grant the motion to dismiss as conceded. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/16/2019. (lcabj3)
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| Filing 14 MOTION to Dismiss Amended Complaint by JESSICA H. DONAHUE RHODES, RACHAEL L. FLECHER CIPOLETTI, WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL (Attachments: #1 Memorandum in Support of Defendants' Motion to Dismiss Amended Complaint, #2 Text of Proposed Order Granting Defendants' Motion to Dismiss Amended Complaint)(Smith, Amy) |
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MINUTE ORDER. On November 22, 2019, this Court granted plaintiff's #12 motion for extension of time to file response to #8 defendants' motion to dismiss. In its discretion, the Court deems that Order to have extended the time for the filing of an amended complaint under Fed. R. Civ. P. 15(a)(1)(b) as well. Accordingly, the Court finds that the amended complaint has been timely filed, thereby rendering defendants' #8 motion to dismiss moot. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/4/2019. (lcabj3)
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| Filing 13 AMENDED COMPLAINT against All Defendants filed by MICHAEL D.J. EISENBERG.(Eisenberg, Michael) |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss by MICHAEL D.J. EISENBERG (Eisenberg, Michael) |
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ORDER granting #12 Motion for Extension of Time. Plaintiff shall file a response to defendants' #8 motion to dismiss by December 6, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/22/2019. (lcabj3)
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| Filing 11 SEALED EXHIBITS re #9 Response to motion filed and #8 MOTION to Dismiss filed by WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL. (This document is SEALED and only available to authorized persons.)(zjf) |
| Filing 10 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Smith, Amy) |
| Filing 9 RESPONSE re #2 MOTION for Preliminary Injunction filed by WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL. (Attachments: #1 Text of Proposed Order)(Smith, Amy) |
| Filing 8 MOTION to Dismiss by WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order)(Smith, Amy) |
| Filing 7 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Smith, Amy) Modified on 11/8/2019 (zjth). |
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MINUTE ORDER granting #10 Sealed Motion for Leave to File Documents Under Seal. The Clerk is directed to file under seal Exhibits A [Dkt. #10-1], B [Dkt. #10-2], and C [Dkt. #10-3] to the Motion. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/8/2019. (lcabj3) Modified on 11/8/2019 (jth).
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| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JESSICA H. DONAHUE RHODES served on 10/18/2019, answer due 11/8/2019; RACHAEL L. FLECHER CIPOLETTI served on 10/18/2019, answer due 11/8/2019; WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL served on 10/18/2019, answer due 11/8/2019 (jf) |
| NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #5 Summons Returned Executed was entered in error and refiled by the clerk's office. (See Docket Entry #6 to view document)(jf) |
| Filing 5 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants (Attachments: #1 Summons, #2 Summons, #3 Certificate of Service)(Eisenberg, Michael) Modified on 10/23/2019 (jf). |
| Filing 4 SUMMONS (3) Issued Electronically as to JESSICA H. DONAHUE RHODES, RACHAEL L. FLECHER CIPOLETTI (individual/official). (jf) |
| NOTICE OF ERROR re #3 Request for Summons to Issue; emailed to michael@eisenberg-lawoffice.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. PDF documents are not properly formed documents. The pdf's should not have outlined and highlighted boxes. The highlighted boxes cover some of the forms infomation. (ztd, ) |
| Filing 3 REQUEST FOR SUMMONS TO ISSUE re #1 Complaint filed by MICHAEL D.J. EISENBERG. Related document: #1 Complaint filed by MICHAEL D.J. EISENBERG. (Attachments: #1 Summons, #2 Summons)(Eisenberg, Michael) Modified on 10/15/2019 (ztd). |
| Filing 2 MOTION for Preliminary Injunction by MICHAEL D.J. EISENBERG (jf) |
| Filing 1 COMPLAINT against JESSICA H. DONAHUE RHODES, RACHAEL L. FLECHER CIPOLETTI, WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL ( Filing fee $ 400, receipt number 4616100949) filed by MICHAEL D.J. EISENBERG. (Attachments: #1 Civil Cover Sheet)(jf) |
| SUMMONS Not Issued as to JESSICA H. DONAHUE RHODES, RACHAEL L. FLECHER CIPOLETTI, WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL (jf) |
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