BEBERMAN v. U.S. DEPARTMENT OF STATE et al
| JULIE BEBERMAN |
| U.S. DEPARTMENT OF STATE and MIKE POMPEO |
| 1:2019cv03115 |
| October 15, 2019 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Other Statutory Actions |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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MINUTE ORDER denying Plaintiff's #13 Motion for Reconsideration. Assuming without deciding that the "more flexible" standard of Rule 54(b) applies, Shvartser v. Lekser, 330 F. Supp. 3d 356, 359-61 (D.D.C. 2018), Plaintiff has not shown that justice requires reconsideration of this Court's order denying her motion for a TRO and preliminary injunction. See Cobell v. Jewell, 802 F.3d 12, 25 (D.C. Cir. 2015). In general, a court will grant a Rule 54(b) motion for reconsideration only when the movant demonstrates: (1) an intervening change in the law; (2) the discovery of new evidence not previously available; (3) a clear error in the first order; or (4) a controlling or significant change in the facts since the submission of the issue to the court. Dunlap v. Presidential Advisory Comm. on Election Integrity, 319 F. Supp. 3d 70, 81 (D.D.C. 2018). Plaintiff has shown no such circumstances here. Much of her briefing is devoted to relitigating her claim that her termination allegedly in violation of State Department regulations necessarily violates the Due Process Clause of the United States Constitution, an argument that she states the Court misapprehended. See ECF No. 13 at 1-4; ECF No. 16 at 2-10. To the contrary, the Court did not misapprehend her argument, it simply rejected it. See ECF No. 11 at 9 n.5; Dunlap, 319 F. Supp. 3d at 81 (motions for reconsideration may not be used to relitigate theories upon which the court has already ruled). Because Plaintiff has shown neither an intervening change in the law or facts favorable to her nor clear error by the Court, her motion for reconsideration is DENIED. Signed by Judge Timothy J. Kelly on 11/21/2019. (lctjk3) Modified on 11/21/2019 to correct entry (zkh).
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| Filing 16 REPLY to opposition to motion re #13 MOTION for Reconsideration re #11 Memorandum & Opinion, #10 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Dismiss/Lack of Jurisdiction filed by JULIE BEBERMAN. (ztth) |
| Filing 15 Memorandum in opposition to re #13 MOTION for Reconsideration re #11 Memorandum & Opinion, #10 Order on Motion for TRO,, Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss/Lack of Jurisdiction, filed by MIKE POMPEO, U.S. DEPARTMENT OF STATE. (Attachments: #1 Exhibit 1)(Sroka, Scott) |
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MINUTE ORDER: It is hereby ORDERED that Defendants shall respond to Plaintiff's #13 Motion for Reconsideration by November 15, 2019. It is further ORDERED that Plaintiff shall file any reply in support of her motion by November 20, 2019. Signed by Judge Timothy J. Kelly on 11/7/2019. (lctjk3)
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| Filing 14 MOTION for Summary Judgment by JULIE BEBERMAN (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Text of Proposed Order) (ztth) |
| Filing 13 MOTION for Reconsideration re #11 Memorandum & Opinion, #10 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Dismiss/Lack of Jurisdiction by JULIE BEBERMAN. (ztth) |
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Filing 11
MEMORANDUM AND OPINION in support of #10 Order denying Plaintiff's #2 Motion for Temporary Restraining Order and Preliminary Injunction, and denying Defendants' #6 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Timothy J. Kelly on 10/30/2019. (lctjk3)
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Filing 10
ORDER denying Plaintiff's #2 Motion for Temporary Restraining Order and Preliminary Injunction, and denying Defendants' #6 Motion to Dismiss for Lack of Jurisdiction. See Order for details. Signed by Judge Timothy J. Kelly on 10/30/2019. (lctjk3)
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| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/22/2019. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/22/2019. (Answer due for ALL FEDERAL DEFENDANTS by 12/21/2019.) (See docket entry #9 to view document). (ztth) |
| Filing 9 AFFIDAVIT of Mailing by JULIE BEBERMAN. (ztth) |
| Filing 8 REPLY to opposition to motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by JULIE BEBERMAN. (Attachment: #1 Exhibits) (ztth) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by MICHAEL RICHARD POMPEO, U.S. DEPARTMENT OF STATE (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Sroka, Scott) |
| Filing 5 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MICHAEL RICHARD POMPEO, U.S. DEPARTMENT OF STATE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Sroka, Scott) |
| Filing 7 CERTIFICATE OF SERVICE by JULIE BEBERMAN. (ztth) |
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MINUTE ORDER: It is hereby ORDERED that Defendants shall respond to Plaintiff's #2 Motion for a Temporary Restraining Order and Preliminary Injunction by October 24, 2019. It is further ORDERED that Plaintiff shall file any reply in support of her motion by October 28, 2019. Signed by Judge Timothy J. Kelly on 10/18/2019. (lctjk3)
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| Filing 4 NOTICE OF RELATED CASE. Case related to Case No. 16-2361. (jf) |
| Filing 3 MOTION for CM/ECF Password by JULIE BEBERMAN (jf) |
| Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by JULIE BEBERMAN (jf) (Additional attachment(s) added on 10/17/2019: #1 Exhibit, #2 Declaration) (zjf). Modified on 10/17/2019 (jf). |
| Filing 1 COMPLAINT against MIKE POMPEO, U.S. DEPARTMENT OF STATE ( Filing fee $ 400, receipt number 4616101070) filed by JULIE BEBERMAN. (Attachments: # 1 Civil Cover Sheet ) (jf). Modified on 10/17/2019 (jf). |
| SUMMONS (4) Issued as to MIKE POMPEO, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (jf) |
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