DOE #1 et al v. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES et al
| VALYRIA LEWIS, ANNETTE WELLS, WAQAS KALYAR, FAHIM JAVED, MECCA SCOTT, SALIM JAVED, PAUL VAUGHAN, JOHN DOE #1 and JOCELYNN JOHNSON |
| Arnold Scott, Gerald Swanke, George McCubbin, American Federation of Government Employees ("AFGE") et al., Cheryl Eliano, Jeffery David Cox%26%23037%3B2C%26%23037%3B20Sr., Joseph Flynn, David Borer, Vincent Castellano, Eric Bunn, Danny Doyle, Phil Glover, Everett Kelley, Brian DeWyngaert, JOHN AND JANE DOES, GONY GOLDBERG, JEFFREY DAVID COX, SR. and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES |
| John Doe #1 et al. and John and Jane Does AFGE Officers, Employees and Agents |
| 1:2020cv01558 |
| June 13, 2020 |
| US District Court for the District of Columbia |
| John D Bates |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 754 |
| Plaintiff |
Docket Report
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MINUTE ORDER: Upon consideration of #25 plaintiffs' motion for oral argument, and the entire record herein, it is hereby ORDERED that the motion is DENIED as moot. Signed by Judge John D. Bates on 07/28/2020. (lcjdb2)
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Filing 25
MOTION for Hearing OF REQUEST FOR ORAL ARGUMENT by FAHIM JAVED, SALIM JAVED, JOHN DOE #1, JOCELYNN JOHNSON, WAQAS KALYAR, VALYRIA LEWIS, MECCA SCOTT, PAUL VAUGHAN, ANNETTE WELLS (Clancy, Donna) Modified event on 7/23/2020 (ztd).
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MINUTE ORDER: Upon consideration of #21 defendants' motion for extension of time to answer or otherwise respond to complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendants shall file their answer or other response to plaintiffs' complaint by not later than September 1, 2020. SO ORDERED. Signed by Judge John D. Bates on 07/22/2020. (lcjdb2)
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MINUTE ORDER: Upon consideration of 14 verified ex parte motion for leave to file claims under Section 501 of the Labor-Management Reporting and Disclosure Act of 1959, and the entire record herein, it is hereby ORDERED that defendants shall file any opposition to the motion by not later than August 14, 2020; and it is further ORDERED that movants shall file any reply in support of their motion by not later than August 21, 2020. SO ORDERED. Signed by Judge John D. Bates on 07/22/2020. (lcjdb2)
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Set/Reset Deadlines: Response due by 8/14/2020. Reply due by 8/21/2020. (tb)
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Set/Reset Deadlines: Answer due by 9/1/2020. (tb)
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Filing 24
REPLY to opposition to motion re #21 MOTION for Extension of Time to File Answer Reply in Support of Motion for Extension of Time (from July 22, 2020 to September 1, 2020) filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, DAVID BORER, ERIC BUNN, VINCENT CASTELLANO, BRIAN DEWYNGAERT, DANNY DOYLE, CHERYL ELIANO, JOSEPH FLYNN, PHIL GLOVER, GONY GOLDBERG, EVERETT KELLEY, GEORGE MCCUBBIN, ARNOLD SCOTT, GERALD SWANKE. (Virk, Devki)
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Filing 23
Memorandum in opposition to re #21 MOTION for Extension of Time to File Answer filed by JOHN DOE #1. (Attachments: #1 Exhibit Charges filed by AFGE Members Annette Wells, Judith Weinberg and Stephanie Graf against J. David Cox, dated February 13, 2020)(Morten, Marlene)
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Set/Reset Deadlines: Response due by 7/15/2020. (tb)
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Filing 22
NOTICE of Appearance by Donna H Clancy on behalf of All Plaintiffs (Clancy, Donna) (Main Document 22 replaced on 7/9/2020) (ztd).
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Filing 21
MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, DAVID BORER, ERIC BUNN, VINCENT CASTELLANO, BRIAN DEWYNGAERT, DANNY DOYLE, CHERYL ELIANO, JOSEPH FLYNN, PHIL GLOVER, GONY GOLDBERG, EVERETT KELLEY, GEORGE MCCUBBIN, ARNOLD SCOTT, GERALD SWANKE (Attachments: #1 Text of Proposed Order)(Virk, Devki) Modified event on 7/9/2020 (ztd).
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Filing 20
NOTICE of Appearance by Devki Kaur Virk on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, DAVID BORER, ERIC BUNN, VINCENT CASTELLANO, BRIAN DEWYNGAERT, DANNY DOYLE, CHERYL ELIANO, JOSEPH FLYNN, PHIL GLOVER, GONY GOLDBERG, EVERETT KELLEY, GEORGE MCCUBBIN, ARNOLD SCOTT, GERALD SWANKE (Virk, Devki)
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MINUTE ORDER: Upon consideration of #21 defendants' motion for extension of time to answer or otherwise respond to complaint, and the entire record herein, it is hereby ORDERED that plaintiffs shall file any opposition by not later than July 15, 2020. Signed by Judge John D. Bates on 07/08/2020. (lcjdb2)
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NOTICE OF ERROR re #17 Notice (Other); emailed to kemimorten@gmail.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. with the case number on the document. (ztth, )
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NOTICE OF ERROR re #18 Summons Returned Executed; emailed to kemimorten@gmail.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Return of Service needs to be entered for each party served. (ztd, )
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Filing 19
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EVERETT KELLEY served on 7/1/2020, answer due 7/22/2020 (Morten, Marlene)
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Filing 18
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES served on 7/1/2020, answer due 7/22/2020 (Morten, Marlene)
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Filing 17
ENTERED IN ERROR.....NOTICE OF FILING OF EXHIBIT #1 and EXHIBIT #2 to EX PARTE MOTION FILED IN CASE 20-1558 JOHN DOE #1 et al. v. AFGE et al. by JOCELYNN JOHNSON re 14 Ex Parte MOTION for Leave to File Claims Filed under Section 501 of the Labor Management Reporting and Disclosure Act as part of the Amended Complaint filed in this case (Attachments: #1 Exhibit Wells, Weinberg and Graf Disciplinary Charges filed Against Former AFGE National President J. David Cox on February 13, 2020, #2 Exhibit AFGE National President Everett Kelley's February 28, 2020 Letter)(Morten, Marlene); Modified on 7/6/2020 (ztth).
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Filing 16
SUMMONS (1) Issued Electronically as to GONY GOLDBERG. (zjf)
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Filing 15
Case randomly reassigned to Judge John D. Bates as the case is not related. Judge Ketanji Brown Jackson is no longer assigned to the case. (rj)
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MINUTE ORDER: Upon consideration of #10 plaintiffs' motion for admission pro hac vice of Donna H. Clancy, and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. SO ORDERED. Signed by Judge John D. Bates on 07/01/2020. (lcjdb2)
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Filing 13
REQUEST FOR SUMMONS TO ISSUE to Gony Goldberg re #11 Amended Complaint,,,,,,,, Summons Not Issued filed by JOHN DOE #1. Related document: #11 Amended Complaint,,,,,,,, filed by WAQAS KALYAR, FAHIM JAVED, PAUL VAUGHAN, VALYRIA LEWIS, MECCA SCOTT, JOHN DOE #1, JOCELYNN JOHNSON, SALIM JAVED, ANNETTE WELLS, Summons Not Issued.(Morten, Marlene)
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Filing 12
SUMMONS (14) Issued Electronically as to AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, DAVID BORER, ERIC BUNN, VINCENT CASTELLANO, JEFFREY DAVID COX, SR, BRIAN DEWYNGAERT, DANNY DOYLE, CHERYL ELIANO, JOSEPH FLYNN, PHIL GLOVER, EVERETT KELLEY, GEORGE MCCUBBIN, ARNOLD SCOTT, GERALD SWANKE. (Attachment: #1 Notice and Consent)(zsb) Modified on 7/1/2020 (znmw).
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Case Assigned to Judge Ketanji Brown Jackson. (zsb)
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SUMMONS Not Issued as to GONY GOLDBERG (zsb)
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Filing 11
AMENDED COMPLAINT against All Defendants with Jury Demand filed by All Plaintiffs. (Attachments: #1 Exhibit Plaintiffs' List of Exhibits in Support of Their Complaint, #2 Exhibit Working Ideal Report, dated March 16, 2020, #3 Exhibit Cox 2018 Re-Election Campaign Endorsement Letter Signed By Defendant AFGE NEC Members, #4 Exhibit Affidavit of Pam Baca, dated May 29, 2019, #5 Exhibit Bloomberg News Article dated October 27, 2019, #6 Exhibit Department of Labor LM2 Reports on Tracie St. John's Salary Increases, #7 Exhibit AFGE Local President Lawrence Tomscha's Complaint about Cox's Use of AFGE Limousine Services, #8 Exhibit Declaration Under Penalty of Perjury of Pam Baca, dated April 28, 2020, #9 Exhibit Bloomberg News Article, dated March 19, 2020, #10 Exhibit Bloomberg News Article, dated November 14, 2019, #11 Exhibit AFGE Members Wells, Weinberg and Graf Charges against Cox, dated February 13, 2020, #12 Exhibit Everett Kelley's Letter announcing Cox's Resignation, dated February 28, 2020, #13 Exhibit Federal Computer Week article "AFGE Member Alleges Ex-President Abused her Adult Son for Years, dated February 29, 2020, #14 Exhibit AFGE NEC Members' Letter dated March 19, 2020, #15 Exhibit AFGE EEO Policy, dated May 2015, #16 Exhibit Jocelynn Johnson EEOC Discrimination Complaint against AFGE, dated June 19, 2015, #17 Exhibit EEOC Mediation Settlement Agreement entered into between Cox and Jocelynn Johnson, dated August 27, 2015, #18 Exhibit Charges filed by Four AFGE Emeritus Officers against Cox, dated November 15, 2019, #19 Exhibit Mollett Committee Report, dated February 13, 2020, #20 Exhibit Cox Memorandum Promoting Chanel White, dated April 11, 2016, #21 Exhibit Union Grievance of Joseph Corcoran to Cox re Chanel White Salary Increase, #22 Exhibit Email from David Gonzalez to Vincent Castellano, dated October 21-25, 2019, #23 Exhibit Email from David Gonzalez to Castellano, dated October 26, 2019, #24 Exhibit Email from Mecca Scott to Everett Kelley, dated June 4, 2020)(Morten, Marlene) Modified on 6/29/2020 to correct docket text (zsb).
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Filing 10
First MOTION for Leave to Appear Pro Hac Vice by Donna Clancy Filing fee $ 100, receipt number ADCDC-7251546. Fee Status: Fee Paid. by JOHN DOE #1 (Attachments: #1 Declaration Donna Clancy, Esq. in support of Motion to Appear Pro Hac Vice as Counsel for Plaintiffs, #2 Text of Proposed Order)(Morten, Marlene)
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Filing 9
ORDER GRANTING in part and DENYING in part plaintiffs' #7 Motion for Leave to Proceed Under Pseudonym. See Order for further details. Signed by Chief Judge Beryl A. Howell on June 19, 2020. (lcbah4)
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Set/Reset Deadlines: Amended Pleadings due by 6/26/2020 pursuant to #9 order filed on 06/19/2019. (zsb)
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Filing 8
CIVIL COVER SHEET by All Plaintiffs (Morten, Marlene) Modified on 6/29/2020 to correct docket entry text (zsb).
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Filing 7
First MOTION to Proceed Under Pseudonym by JOHN DOE #1 (Morten, Marlene)
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NOTICE OF CORRECTED DOCKET ENTRY: re #3 Civil Cover Sheet, was entered in error and counsel was instructed to refile said pleading. (zsb)
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Filing 6
NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 18-1230. (zsb)
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Filing 5
REQUEST FOR SUMMONS TO ISSUE filed by All Plaintiffs (Attachments: #1 Summons Defendant Jeffery David Cox, #2 Summons Defendant Everett Kelley, #3 Summons Defendant Eric Bunn, #4 Summons Defendant Vincent Castellano, #5 Summons Defendant Phil Glover, #6 Summons Defendant Danny Doyle, #7 Summons Defendant Arnold Scott, #8 Summons Defendant Cheryl Eliano, #9 Summons Defendant Gerald Swanke, #10 Summons Defendant George McCubbin, #11 Summons Defendant Joseph Flynn, #12 Summons Defendant David Borer, #13 Summons Defendant Brian DeWyngaert)(Morten, Marlene) Modified on 6/16/2020 to correct docket entry text (zsb).
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Filing 4
NOTICE of Mistake in Identifying Plaintiff John Doe #1 as a Government Employee by All Plaintiffs. re #1 Complaint,, (Morten, Marlene) Modified on 6/16/2020 to correct docket entry text (zsb).
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Filing 3
ENTERED IN ERROR.....CIVIL COVER SHEET by All Plaintiffs. re #1 Complaint (Attachments: #1 Exhibit Notice of Designation of Related Civil Case Pending In This Court in Case Number 18-1230 AFGE v. Hudson et al.)(Morten, Marlene) Modified on 6/16/2020 (zsb).
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Filing 2
COMPLAINT against John Doe #1 et al. with Jury Demand (Fee Status:Filing Fee Waived), CIVIL COVER SHEET by John Doe #1 et al. re #1 Complaint,, filed by John Doe #1 et al.. Related document: #1 Complaint,, filed by John Doe #1 et al.. (Attachments: #1 Exhibit J. David Cox 2018 Campaign Re-election Endorsement Letter signed by AFGE Defendant NEC Members, #2 Exhibit Bloomberg News Article "President of Major U.S. Union Accused of Sexual Harassment," dated October 27, 2019, #3 Exhibit AFGE Member Lawrence Tomscha Complaint Against AFGE President Cox for Spending $90,000 on Personal Limousine Services, dated January 1, 2018, #4 Exhibit Working Ideal Report, dated March 16, 2020, #5 Exhibit Declaration Under Penalty of Perjury of AFGE Official Pam Baca, dated April 28, 2020, #6 Exhibit Bloomberg News Article "Report Finds Pattern of Misconduct and Faulty Safeguards at Major Union," dated March 19, 2020, #7 Exhibit Bloomberg News Article "Harassment, Culture of Fear Flourish at Federal Workers Union, Staff Say," dated November 14, 2019, #8 Exhibit Wells, Weinberg and Graf Disciplinary Charges Filed Against AFGE President Cox, dated February 13, 2020, #9 Exhibit AFGE National Secretary Treasurer Everett Kelley's Letter Announcing Cox's Resignation and AFGE's Commitment to Transparency, dated February 28, 2020, #10 Exhibit AFGE National Executive Council Letter to AFGE Members and the Public, dated March 19, 2020, #11 Exhibit AFGE Equal Employment Opportunity (EEO) Statement for Employees and Applicants, dated May 2015, #12 Exhibit Jocelynn Johnson EEOC Discrimination Complaint Against AFGE, dated June 19, 2015, #13 Exhibit EEOC Mediation Settlement Agreement Entered Into between AFGE President J. David Cox and AFGE Employee, Jocelynn Johnson, dated August 27, 2015, #14 Exhibit Disciplinary Charges Filed Against AFGE President Cox by Four Emeritus Officers, dated November 15, 2019, #15 Exhibit Mollett Committee of Investigation Report on Four Emeritus Officers' Disciplinary Charges filed against AFGE President Cox dated February 13, 2020)(Morten, Marlene)
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Filing 1
COMPLAINT John Doe #1 et al. against American Federation of Government Employees ("AFGE") et al., Jeffery David Cox%26%23037%3B2C%26%23037%3B20Sr., Everett Kelley, Eric Bunn, Vincent Castellano, Phil Glover, Danny Doyle, Arnold Scott, Cheryl Eliano, Gerald Swanke, George McCubbin, Joseph Flynn, David Borer, Brian DeWyngaert, John and Jane Does AFGE Officers, Employees and Agents with Jury Demand ( Filing fee $ 400 receipt number ADCDC-7226837) filed by John Doe #1 et al..(Morten, Marlene)
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