MCMAHON v. CRUZ et al
| MARTIN MCMAHON |
| Sen TED CRUZ, SEN RAND PAUL, SEN MITCH MCCONNELL, SEN LINDSEY GRAHAM, RAND PAUL, TED CRUZ, MITCH MCCONNELL and LINDSEY GRAHAM |
| 1:2019cv03774 |
| December 18, 2019 |
| US District Court for the District of Columbia |
| Tanya S Chutkan |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on February 19, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 RESPONSE TO ORDER OF THE COURT re Order,,, Defendants' reply in support of dismissal filed by TED CRUZ, LINDSEY GRAHAM, MITCH MCCONNELL, RAND PAUL. (Bryan, Patricia) |
| Filing 19 REPLY to opposition to motion re #5 MOTION for Preliminary Injunction filed by MARTIN MCMAHON. (McMahon, Martin) |
| Set/Reset Deadlines: Response due by 2/6/2020. Reply due by 2/11/2020. (tb) |
MINUTE ORDER: On January 24, 2020, Defendants filed an opposition to Plaintiff's Motion for Preliminary Injunction, in which they state this court should dismiss the action for lack of subject-matter jurisdiction. The court construes this as a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1). On January 28, 2020, the deadline passed for Plaintiff to file a reply to Defendants' opposition without a reply from Plaintiff. Accordingly, the court hereby orders Plaintiff to respond to Defendants' motion to dismiss by February 6, 2020. Plaintiff's brief shall be no longer than 10 pages. Defendants may reply by February 11, 2020. Defendants' reply shall be no longer than 5 pages. If Plaintiff fails to respond, the court shall treat the motion as conceded. Signed by Judge Tanya S. Chutkan on 1/30/2020. (lcsd)
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| Filing 18 Memorandum in opposition to re #5 MOTION for Preliminary Injunction filed by TED CRUZ, LINDSEY GRAHAM, MITCH MCCONNELL, RAND PAUL. (Bryan, Patricia) |
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MINUTE ORDER: Upon consideration of the parties' proposed briefing schedules it is hereby ORDERED that Defendants' opposition to Plaintiff's motion for preliminary injunction #5 is due on January 24, 2020 and Plaintiff's reply, if any, is due on January 28, 2020. Signed by Judge Tanya S. Chutkan on 1/22/2020. (lcsd)
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| Set/Reset Deadlines: Response due by 1/24/2020. Reply due by 1/28/2020. (tb) |
| NOTICE OF ERROR re #15 Notice of Appearance; emailed to morgan_frankel@legal.senate.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel must contact Attorney Admissions at: (202) 354-3110, regarding status. (ztd, ) |
| NOTICE OF ERROR re #17 Notice of Appearance; emailed to grant_vinik@legal.senate.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel must contact Attorney Admissions at: (202) 354-3110, regarding status (ztd, ) |
| Filing 17 ENTERED IN ERROR. . . . .NOTICE of Appearance by Grant Raymond Vinik on behalf of TED CRUZ, LINDSEY GRAHAM, MITCH MCCONNELL, RAND PAUL (Vinik, Grant) (Main Document 17 replaced on 1/21/2020) (ztd). Modified on 1/21/2020 (ztd). |
| Filing 16 NOTICE of Appearance by Thomas Edward Caballero on behalf of TED CRUZ, LINDSEY GRAHAM, MITCH MCCONNELL, RAND PAUL (Caballero, Thomas) (Main Document 16 replaced on 1/21/2020) (ztd). |
| Filing 15 ENTERED IN ERROR. . . . .NOTICE of Appearance by Morgan John Frankel on behalf of TED CRUZ, LINDSEY GRAHAM, MITCH MCCONNELL, RAND PAUL (Frankel, Morgan) (Main Document 15 replaced on 1/21/2020) (ztd). Modified on 1/21/2020 (ztd). |
| Filing 14 NOTICE of Appearance by Patricia M. Bryan on behalf of TED CRUZ, LINDSEY GRAHAM, MITCH MCCONNELL, RAND PAUL (Bryan, Patricia) (Main Document 14 replaced on 1/21/2020) (ztd). |
| Filing 13 ERRATA by MARTIN MCMAHON. (McMahon, Martin) |
| NOTICE OF ERROR re #12 Motion to Expedite; emailed to mm@martinmcmahonlaw.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI. In future, pleading must contain an electronic signature. (ztth, ) |
| Filing 12 MOTION to Expedite hearing for injunctive relief by MARTIN MCMAHON (McMahon, Martin) |
| Set/Reset Deadlines: Proposed Briefing Schedule due in chambers by 1/17/2020. (tb) |
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MINUTE ORDER: The parties shall meet and confer to propose a briefing schedule for the Motion for Preliminary Injunction #5 and other pending motions. Plaintiff shall contact counsel for the opposing parties, including counsel for the Department of Justice. The parties shall email chambers the proposed schedule by January 17, 2020. The court's email address should be used only when the parties are specifically directed by the court to respond by email and should not be used for general correspondence. Any filings must be made on the public docket. Any inquiries may be directed to the Judge's Courtroom Deputy Tim Bradley Tim_Bradley@dcd.uscourts.gov. Signed by Judge Tanya S. Chutkan on 01/14/2020. (lcsd)
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| Filing 11 NOTICE Service mailing receipts by MARTIN MCMAHON (McMahon, Martin) |
| Filing 10 NOTICE Affidavits of service mailing by MARTIN MCMAHON (McMahon, Martin) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #9 Amended Complaint was entered in error and has been added as an exhibit to docket entry no. #7 pending ruling by the Court. (ztd) |
| Filing 9 ENTERED IN ERROR. . . . .AMENDED COMPLAINT against TED CRUZ, LINDSEY GRAHAM, MITCH MCCONNELL, RAND PAUL filed by MARTIN MCMAHON.(McMahon, Martin) Modified on 1/7/2020 (ztd). |
| Filing 8 MOTION to Expedite interim injunctive relief by MARTIN MCMAHON (McMahon, Martin) |
| Filing 7 MOTION for Leave to File 2nd amended complaint by MARTIN MCMAHON (McMahon, Martin) (Additional attachment(s) added on 1/7/2020: #1 Exhibit Amended Complaint) (ztd). |
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MINUTE ORDER: Plaintiffs, in civil actions, who proceed pro se (i.e., without an attorney) have a responsibility to comply with this courts Local Civil Rules as well as the Federal Rules of Civil Procedure, including Rules 4 and 5 which require service of papers, including the complaint and motions, upon each defendant. See Fed. R. Civ. P. 4, 5. Inasmuch as Plaintiff, who is an attorney and a member of the District of Columbia Bar, has brought this action against federal governmental officials, Plaintiff is hereby reminded of his obligation to serve a copy of the summons and complaint in a manner that complies with Rule 4(i) of the Federal Rules of Civil Procedure. Plaintiff's failure to comply with these rules may result in dismissal of this action. See Fed. R. Civ. P. 4(m). Plaintiff is also reminded of his obligation to serve a copy of his motions in a manner that complies with Rule 5 of the Federal Rules of Civil Procedure, including by permissible means stated in Rule 5(b)(2). The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 1/3/2020. (lcsd)
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| Filing 6 AMENDED COMPLAINT against TED CRUZ, LINDSEY GRAHAM, MITCH MCCONNELL, RAND PAUL filed by MARTIN MCMAHON.(McMahon, Martin) |
| Filing 5 MOTION for Preliminary Injunction by MARTIN MCMAHON (McMahon, Martin) |
| Case randomly reassigned to Judge Tanya S. Chutkan pursuant to Minute Order dated 12/23/19. Chief Judge Beryl A. Howell is no longer assigned to the case. (ztnr) |
| Filing 4 SUMMONS (4) Issued Electronically as to TED CRUZ, LINDSEY GRAHAM, MITCH MCCONNELL, RAND PAUL. (Attachments: #1 Notice and Consent)(zrdj) |
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MINUTE ORDER (paperless) DIRECTING the Clerk of the Court to transfer this case to the Calendar and Case Management Committee for random assignment. Plaintiff's #2 Notice of Related Case maintains that his instant action, which seeks to vindicate his alleged "right based on the Ninth Amendment, as an American citizen, to witness an authentic impeachment trial," #1 Compl. at 2, "grows out of the same event or transaction" as In re Application of the Comm. on the Judiciary, U.S. House of Representatives, No. 19-gj-48 (BAH) (D.D.C. Oct 25, 2019). #2 Notice of Related Case at 1. Moreover, in an apparent typo, he asserts the two cases "involve[] the validity or infringement of the same patent." Id. The plaintiff is wrong, as "these cases involve different claims" and circumstances. Trump v. Comm. on Ways & Means, U.S. House of Representatives, No. 19-cv-2173 (TNM), 2019 WL 3388537, at *2 (D.D.C. July 25, 2019). This action concerns the procedures and participants in a potential Senate impeachment trial, while In re Application of the Comm. on the Judiciary involved the propriety of disclosing materials gathered by a grand jury. Thus, "these distinct claims present discrete issues of fact to be resolved making a related case designation wholly inappropriate." Comm. on the Judiciary of the U.S. House of Representatives v. Donald F. McGahn II, No. 19-cv-2379, Memorandum Opinion and Order at 7 (D.D.C. Aug. 14, 2019) (internal quotation marks omitted). Although both cases involve, to different degrees, impeachment, that superficial similarity is not enough to overcome the heavy burden a plaintiff bears to circumvent random assignment of cases in this Court. Cf. Dakota Rural Action v. U.S. Dep't of Agric., No. 18-cv-2852 (BAH), 2019 WL 1440134, at *1 (D.D.C. Apr. 1, 2019). Signed by Chief Judge Beryl A. Howell on December 23, 2019. (lcbah4)
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| Case Assigned to Chief Judge Beryl A. Howell. (zrdj) |
| Filing 3 ERRATA Corrected Cover sheet date by MARTIN MCMAHON. (McMahon, Martin) |
| Filing 2 NOTICE OF RELATED CASE by MARTIN MCMAHON. Case related to Case No. 19-gj-00048. (McMahon, Martin) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6658920) filed by MARTIN MCMAHON. (Attachments: #1 Summons, #2 Civil Cover Sheet)(McMahon, Martin) |
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