MONTGOMERY v. BARR et al
| LISA MONTGOMERY |
| T.J. WATSON, WILLIAM P. BARR, MICHAEL CARR, ALIX MCLEAREN, MICHAEL CARVAJAL and FEDERAL BUREAU OF PRISONS |
| 1:2020cv03214 |
| November 6, 2020 |
| US District Court for the District of Columbia |
| Trevor N McFadden |
| Prisoner Petition: Prison Condition (Other) |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on December 1, 2020. A more recent docket listing may be available from PACER.
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| Receipt on 12/01/2020 of Electronic Transfer. Other Court Number 4:20-cv-01281 sent by Northern District of Texas. (zrdj) |
Filing 38
ORDER denying as moot Plaintiff's #36 Emergency Motion and #37 Motion for Order to Return Case. See attached Order for further details. Signed by Judge Trevor N. McFadden on 11/25/2020. (lctnm2)
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| Filing 37 MOTION for Order Directing Clerk of this Court to Request from Clerk of Northern District to Return Prematurely Transferred Case by LISA MONTGOMERY (Stull, Brian) |
| Filing 36 Emergency MOTION to delay transfer of case re #34 Memorandum & Opinion, by LISA MONTGOMERY (Attachments: #1 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 35 Case transferred to the USDC for the Northern District of Texas, pursuant to the Court Order entered 11/25/2020. Sent to Court via Electronically. (zrdj) |
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Filing 34
MEMORANDUM ORDER. Plaintiff's #13 Motion to Reassign Case is DENIED and the case will be immediately transferred. It is hereby ORDERED that the Clerk of Court shall TRANSFER FORTHWITH this matter to the United States District Court for the Northern District of Texas. It is further ORDERED that the Clerk of Court shall close this case. See attached Order for details. Signed by Judge Trevor N. McFadden on 11/25/2020. (lctnm2)
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| Filing 33 Memorandum in opposition to re #30 MOTION for Leave to File Supplemental Declaration of Dr. Katherine Porterfield and Declaration of Robin Nunn filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Walker, Johnny) |
| Filing 32 Consent MOTION for Leave to File Substitute Declaration of Rick Winter (ECF No. 23-3) by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON (Attachments: #1 Declaration of Rick Winter, #2 Declaration of Rick Winter (comparison), #3 Text of Proposed Order)(Walker, Johnny) |
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MINUTE ORDER granting the Defendants' #32 Consent Motion for Leave to File. The Clerk of the Court is directed to substitute the declaration of Rick Winter dated November 24, 2020 (ECF No. 32-1) for the declaration of Rick Winter dated November 20, 2020 (ECF No. 23-3). SO ORDERED. Signed by Judge Trevor N. McFadden on 11/24/2020. (lctnm2)
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| Filing 31 REPLY to opposition to motion re #12 MOTION for Preliminary Injunction filed by LISA MONTGOMERY. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nunn, Robin) |
| Filing 30 MOTION for Leave to File Supplemental Declaration of Dr. Katherine Porterfield and Declaration of Robin Nunn by LISA MONTGOMERY (Attachments: #1 Text of Proposed Order)(Nunn, Robin) |
| Filing 29 RESPONSE TO ORDER TO SHOW CAUSE by LISA MONTGOMERY re Order,,, Reply in Response to the Court's Sua Sponte Order to Show Cause Regarding Transfer filed by LISA MONTGOMERY. (Nunn, Robin) |
| Filing 28 NOTICE OF WITHDRAWAL OF MOTION by LISA MONTGOMERY re #25 MOTION for Leave to File THE SUPPLEMENTAL DECLARATION OF KATHERINE PORTERFIELD, PH.D (Nunn, Robin) |
| Filing 27 NOTICE of Rescheduled Execution Date (Jan. 12, 2021) by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON (Walker, Johnny) |
| Filing 26 REPLY to opposition to motion re #13 MOTION to Reassign Case Under 28 U.S.C. 455(a) MOTION for Disclosure of Evidence filed by LISA MONTGOMERY. (Stull, Brian) |
| Filing 25 WITHDRAWN PURSUANT TO #28 NOTICE FILED 11/23/2020..... MOTION for Leave to File THE SUPPLEMENTAL DECLARATION OF KATHERINE PORTERFIELD, PH.D by LISA MONTGOMERY (Nunn, Robin) Modified on 11/30/2020 (znmw). |
| Filing 24 RESPONSE re #18 Memorandum Regarding Transfer of Venue filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Attachments: #1 Exhibit A)(Walker, Johnny) |
| Filing 23 Memorandum in opposition to re #12 MOTION for Preliminary Injunction filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Attachments: #1 Declaration of Churee Jones, #2 Declaration of Michael Carr, #3 Declaration of Rick Winter, #4 FMC Carswell, Institutional Supplement, CRW 5324.08e)(Walker, Johnny) (Attachment 3 replaced on 11/30/2020) (zeg). |
| Filing 22 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/17/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/16/2021. (Nunn, Robin) |
| Filing 21 NOTICE Regarding Plaintiff's Execution Date by LISA MONTGOMERY (Attachments: #1 Exhibit Order in 20-cv-3261)(Spitzer, Arthur) |
| Filing 20 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/17/20. (Nunn, Robin) |
| Filing 19 Memorandum in opposition to re #13 MOTION to Reassign Case Under 28 U.S.C. 455(a) MOTION for Disclosure of Evidence filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Walker, Johnny) |
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE by LISA MONTGOMERY re Order by LISA MONTGOMERY. (Nunn, Robin) Modified docket event/text on 11/20/2020 (eg). |
| Filing 17 NOTICE of Appearance- Pro Bono by Anjana Samant on behalf of All Plaintiffs (Samant, Anjana) |
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MINUTE ORDER TO SHOW CAUSE. The Plaintiff shall, on or before 11/19/2020, SHOW CAUSE as to why this case should not be transferred to the Northern District of Texas, or elsewhere. See Cameron v. Thornburgh, 983 F.2d 253, 256 (D.C. Cir. 1993) ("Courts in this circuit must examine challenges to personal jurisdiction and venue carefully to guard against the danger that a plaintiff might manufacture venue in the District of Columbia. By naming high government officials as defendants, a plaintiff could bring a suit here that properly should be pursued elsewhere."). The Defendants shall file their response on or before 11/21/2020 addressing which venue, if not the Northern District of Texas, would be appropriate. The Plaintiff shall file a reply, if any, on or before 11/23/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/18/2020. (lctnm2)
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| Filing 16 NOTICE of Appearance- Pro Bono by Brian Stull on behalf of All Plaintiffs (Stull, Brian) |
| Filing 15 SUMMONS (1) Issued Electronically as to U.S. Attorney (Attachment: #1 Notice and Consent)(adh, ) |
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MINUTE ORDER granting in part and denying in part Plaintiff's #14 Emergency Motion to Shorten Time. Defendants shall respond to Plaintiff's #13 Motion to Reassign Case on or before November 20, 2020. Plaintiff's reply, if any, is due November 23, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/17/2020. (lctnm3)
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| Set/Reset Deadlines: Defendants' response to Plaintiff's #13 Motion due by 11/20/2020. Plaintiff's reply due by 11/23/2020. (hmc) |
| Filing 14 Emergency MOTION to Shorten Time for Response to Plaintiffs Motion to Reassign re #13 MOTION to Reassign Case Under 28 U.S.C. 455(a) MOTION for Disclosure of Evidence by LISA MONTGOMERY (Attachments: #1 Text of Proposed Order)(Nunn, Robin) |
| Filing 13 MOTION to Reassign Case Under 28 U.S.C. 455(a), MOTION for Disclosure of Evidence by LISA MONTGOMERY (Attachments: #1 Text of Proposed Order)(Nunn, Robin) |
| Filing 12 MOTION for Preliminary Injunction by LISA MONTGOMERY (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Text of Proposed Order)(Nunn, Robin) |
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MINUTE ORDER. The briefing schedule set during this Court's 11/13/2020 Telephonic Status Conference is modified as follows: The Defendants shall file their opposition to the Plaintiff's Motion for Preliminary Injunction on or before 11/20/2020. The Plaintiff shall file a reply, if any, on or before 11/23/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/16/2020. (lctnm2)
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| Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 11/13/2020. Plaintiff's Motion for Preliminary Injunction due by 11/16/2020. Defendants' Opposition due by 11/23/2020. Plaintiff's Reply, if any, due by close of business on 11/25/2020. (Court Reporter: Crystal Pilgrim.) (hmc) |
| Filing 11 NOTICE of Appearance- Pro Bono by Cassandra Stubbs on behalf of All Plaintiffs (Stubbs, Cassandra) |
| Filing 10 NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 20-3261 (D.D.C.). (Walker, Johnny) |
| Set/Reset Hearings: Telephonic Status Conference set for 11/13/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) |
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MINUTE ORDER. The parties shall appear for a status conference on November 13, 2020, at 10:00 a.m., before Judge Trevor N. McFadden. The hearing will be held by telephone. Dial-in instructions have been emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/12/2020. (lctnm3)
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| Filing 9 NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) |
| Filing 8 REQUEST FOR SUMMONS TO ISSUE US Attorney for DC filed by LISA MONTGOMERY.(Nunn, Robin) |
| Filing 7 NOTICE of Appearance by Robin Nunn on behalf of LISA MONTGOMERY (Nunn, Robin) |
| Filing 6 SUMMONS (7) Issued Electronically as to WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Attachment: #1 Notice and Consent)(adh, ) |
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Filing 5
STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 11/9/2020. (lctnm2)
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| Filing 4 ERRATA by LISA MONTGOMERY #1 Complaint, filed by LISA MONTGOMERY. (Attachments: #1 Amended Signature pages)(Marvin, David) |
| Filing 3 NOTICE of Appearance by Arthur B. Spitzer on behalf of LISA MONTGOMERY (Spitzer, Arthur) |
| Case Assigned to Judge Trevor N. McFadden. (zsb) |
| MINUTE ORDER granting #2 Motion for Leave to Appear Pro Hac Vice. Attorney Robin Nunn is hereby admitted to appear pro hac vice in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. (lctnm2) |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robin Nunn, Filing fee $ 100, receipt number ADCDC-7807383. Fee Status: Fee Paid. by LISA MONTGOMERY (Attachments: #1 Declaration of Robin Nunn, #2 Text of Proposed Order)(Marvin, David) |
| Filing 1 COMPLAINT against WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON ( Filing fee $ 400 receipt number ADCDC-7807351) filed by LISA MONTGOMERY. (Attachments: #1 Civil Cover Sheet, #2 Summons - Barr, #3 Summons - Federal Bureau of Prisons, #4 Summons - Carvajal, #5 Summons - Carr, #6 Summons - Watson, #7 Summons - McLearen)(Marvin, David) |
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