ROBERTS v. ROTH et al
| TRAVIS ROBERTS |
| JOHN P. ROTH, DANIEL R. HOKANSON, DOROTHY A. HOGG, KENDALL W. PENN and ROBERT I. MILLER |
| 1:2021cv01797 |
| July 6, 2021 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Civil Rights: Other |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2022. A more recent docket listing may be available from PACER.
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Filing 28
ADMINISTRATIVE RECORD , Notice of Certified List of Contents by DANIEL R. HOKANSON, ROBERT I. MILLER, JOHN P. ROTH. (Attachments: #1 Declaration of Bernard E. Doyle, #2 Index of Administrative Record)(Avallone, Zachary)
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Filing 27
RESPONSE TO ORDER TO SHOW CAUSE by TRAVIS ROBERTS filed by TRAVIS ROBERTS. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ludwig, David)
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Filing 26
NOTICE of Appearance by David Long, Jr on behalf of TRAVIS ROBERTS (Long, David)
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Filing 25
NOTICE of Appearance by Timothy Turner on behalf of TRAVIS ROBERTS (Turner, Timothy) (Main Document 25 replaced on 8/1/2021) (zjf).
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Filing 24
NOTICE of Appearance by Stephanie L Sickler on behalf of TRAVIS ROBERTS (Sickler, Stephanie) (Main Document 24 replaced on 7/30/2021) (zjf).
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Filing 23
ANSWER to Complaint with Jury Demand by KENDALL W. PENN.(Morrison, Kesia)
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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 7/8/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/6/2021. (Ludwig, David)
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Filing 21
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/13/2021. (Ludwig, David)
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MINUTE ORDER granting #18 #19 #20 Motions for Leave of Stephanie Sickler, David Long, Jr., and Timothy Turner to Appear Pro Hac Vice only upon condition that the lawyers admitted, or at least one member of the lawyers' firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel are reminded that in their declarations, they have confirmed that they have familiarized themselves with the local rules of this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Si gned by Judge Amy Berman Jackson on 7/26/21. (DMK)
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Filing 20
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Timothy Turner, Filing fee $ 100, receipt number ADCDC-8620608. Fee Status: Fee Paid. by TRAVIS ROBERTS. (Attachments: #1 Declaration of Timothy Turner, #2 Text of Proposed Order)(Ludwig, David)
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Filing 19
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Long, Jr., Filing fee $ 100, receipt number ADCDC-8620577. Fee Status: Fee Paid. by TRAVIS ROBERTS. (Attachments: #1 Declaration of David Long, Jr., #2 Text of Proposed Order)(Ludwig, David)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie Sickler, Filing fee $ 100, receipt number ADCDC-8620354. Fee Status: Fee Paid. by TRAVIS ROBERTS. (Attachments: #1 Declaration of Stephanie Sickler, #2 Text of Proposed Order)(Ludwig, David)
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MINUTE ORDER. Defendants must submit a certified list of the contents of the administrative record by September 3, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/22/2021. (lcabj1)
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Filing 17
NOTICE Federal Defendants' Proposed Date to File Administrative Record by DANIEL R. HOKANSON, ROBERT I. MILLER, JOHN P. ROTH re Order,,,,,, Set Deadlines,,,,, (Attachments: #1 Text of Proposed Order)(Avallone, Zachary)
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MINUTE ORDER denying without prejudice #11 #12 #13 Motions for Leave to Appear Pro Hac Vice for failure to comply with the specific requirements of Local Civil Rule 83.2(d), in particular subpart (4) which requires "a certification that the attorney either has or has not been disciplined by any bar, and if the attorney has been disciplined by any bar, the circumstances and details of the discipline." Signed by Judge Amy Berman Jackson on 7/19/21. (DMK)
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MINUTE ORDER. As stated during the scheduling teleconference held on July 19, 2021, with the consent of the parties, the Court will consolidate consideration of the merits with the motion for preliminary injunction #2 pursuant to Federal Rule of Civil Procedure 65(a)(2). It is ORDERED that federal defendants' motion to dismiss and/or motion for summary judgment is due by September 7, 2021; state defendant's dispositive motion, which may adopt or incorporate any arguments made by the federal defendants, is due by September 21, 2021; plaintiff's opposition to federal defendants' motion and any cross motion is due by October 7, 2021; plaintiff's opposition to state defendant's motion and any cross motion is due by October 12, 2021; state defendant's reply and cross opposition is due by October 26, 2021; federal defendants' reply and cross opposition is due by October 29, 2021; plaintiff's cross reply, if any, to state defendant is due November 9, 2021; and plaintiff's cross reply, if any, to federal defendants is due November 12, 2021. It is FURTHER ORDERED that federal defendants must confer with plaintiff and notify the Court by Friday, July 23, 2021, of the specific date before September 7, 2021, that the administrative record will be filed. Signed by Judge Amy Berman Jackson on 7/19/21. (lcabj2)
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MINUTE ORDER. Upon review of the pleadings in this case, the Court is concerned with whether there is a ripe controversy to review such that it would have subject matter jurisdiction over the case at this time. Federal courts are courts of limited jurisdiction and the law presumes that "a cause lies outside this limited jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); see also Gen. Motors Corp. v. EPA, 363 F.3d 442, 448 (D.C. Cir. 2004) ("As a court of limited jurisdiction, we begin, and end, with an examination of our jurisdiction."). Subject matter jurisdiction may not be waived, and "courts may raise the issue sua sponte." NetworkIP, LLC v. FCC, 548 F.3d 116, 120 (D.C. Cir. 2008), quoting Athens Cmty. Hosp., Inc. v. Schweiker, 686 F.2d 989, 992 (D.C. Cir. 1982). Indeed, a federal court must raise the issue because it is "forbidden... from acting beyond [its] authority, and 'no action of the parties can confer subject-matter jurisdiction upon a federal court.'" NetworkIP, LLP, 548 F.3d at 120, quoting Akinseye v. Dist. of Columbia, 339 F.3d 970, 971 (D.C. Cir. 2003). Here, the complaint alleges that the Withdrawal of Federal Recognition Board has been convened, but as the parties emphasized in the federal defendants' Consent Motion for Extension of Time #10 , the final decision with respect to plaintiff's military discharge is still pending. Therefore, plaintiff is ordered to show cause by July 30, 2021, why the matter should not be dismissed for lack of subject matter jurisdiction. See Thomas v. Union Carbine Agric. Prods. Co., 473 U.S. 568, 580 81 (1985) (holding that a claim is not ripe for adjudication if it rests upon "contingent future events that may not occur as anticipated, or indeed may not occur at all"). Signed by Judge Amy Berman Jackson on 7/19/21. (lcabj2)
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Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephone Conference Call held on 7/19/2021. Scheduling Order to be Issued by the Court. (Court Reporter: Janice Dickman) (jth)
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Filing 16
NOTICE of Proposed Order by KENDALL W. PENN re #15 Consent MOTION for Extension of Time to File Answer re #1 Complaint, Consent MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Morrison, Kesia)
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Filing 15
Consent MOTION for Extension of Time to File Answer re #1 Complaint, , Consent MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by KENDALL W. PENN. (Morrison, Kesia)
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Filing 14
NOTICE of Appearance by Kesia Morrison on behalf of KENDALL W. PENN (Morrison, Kesia)
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MINUTE ORDER granting #15 motion for extension of time. It is ORDERED that defendant Penn must respond to the motion for preliminary injunction #2 by September 7, 2021. Signed by Judge Amy Berman Jackson on 7/15/21. (lcabj2)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Timothy Turner, Filing fee $ 100, receipt number ADCDC-8599682. Fee Status: Fee Paid. by TRAVIS ROBERTS. (Attachments: #1 Declaration of Timothy Turner, #2 Text of Proposed Order)(Ludwig, David)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Long, Jr., Filing fee $ 100, receipt number ADCDC-8599640. Fee Status: Fee Paid. by TRAVIS ROBERTS. (Attachments: #1 Declaration of David Long, Jr., #2 Text of Proposed Order)(Ludwig, David)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie Sickler, Filing fee $ 100, receipt number ADCDC-8599577. Fee Status: Fee Paid. by TRAVIS ROBERTS. (Attachments: #1 Declaration of Stephanie Sickler, #2 Text of Proposed Order)(Ludwig, David)
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MINUTE ORDER. A Telephone Conference call is set for 7/19/2021 at 10:30 AM (Eastern Daylight Time) before Judge Amy Berman Jackson. In a separate email the Court's Deputy Clerk will provide counsel with the dial in number and pass code to allow them access to the call. Signed by Judge Amy Berman Jackson on 7/14/2021. (jth)
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MINUTE ORDER granting defendants' #10 motion for extension of time. It is ORDERED that defendants must respond to the motion for preliminary injunction #2 by September 7, 2021. Signed by Judge Amy Berman Jackson on 7/14/21. (lcabj2)
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Filing 10
Consent MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by DOROTHY A. HOGG, DANIEL R. HOKANSON, JOHN P. ROTH. (Attachments: #1 Text of Proposed Order)(Avallone, Zachary)
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Filing 9
NOTICE of Appearance by Zachary A. Avallone on behalf of DOROTHY A. HOGG, DANIEL R. HOKANSON, JOHN P. ROTH (Avallone, Zachary)
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Filing 8
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENDALL W. PENN served on 7/8/2021 (Ludwig, David)
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Filing 7
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOROTHY A. HOGG served on 7/12/2021 (Ludwig, David)
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Filing 6
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DANIEL R. HOKANSON served on 7/12/2021 (Ludwig, David)
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Filing 5
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN P. ROTH served on 7/12/2021 (Ludwig, David)
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Filing 4
NOTICE OF WITHDRAWAL OF MOTION by TRAVIS ROBERTS re #2 MOTION for Temporary Restraining Order (Ludwig, David) Modified on 7/9/2021 to correct docket text (zjf).
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Filing 3
SUMMONS (6) Issued Electronically as to DOROTHY A. HOGG, DANIEL R. HOKANSON, KENDALL W. PENN, JOHN P. ROTH. (Attachments: #1 Notice and Consent)(adh, )
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MINUTE ORDER. The plaintiff is directed to Local Civil Rule 65.1(a), which requires that an application for a temporary restraining order "shall be accompanied by a certificate of counsel, or other proof satisfactory to the Court, stating (1) that actual notice of the time of making the application, and copies of all pleadings and papers filed in the action to date or to be presented to the Court at the hearing, have been furnished to the adverse party; or (2) the efforts made by the applicant to give such notice and furnish such copies. Except in an emergency, the Court will not consider an ex parte application for a temporary restraining order." The Court will not convene the parties to establish a schedule for further proceedings until plaintiff is in compliance with the rules of this court. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/7/2021. (lcabj1)
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Filing 2
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by TRAVIS ROBERTS. (Attachments: #1 Exhibit 1-12, #2 Text of Proposed Order)(Ludwig, David) Application for Temporary Restraining Order was Withdrawn pursuant to the Notice filed on 7/9/2021. Modified on 7/9/2021 (jth).
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against DOROTHY A. HOGG, DANIEL R. HOKANSON, KENDALL W. PENN, JOHN P. ROTH with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8578291) filed by TRAVIS ROBERTS. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Ludwig, David)
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Case Assigned to Judge Amy Berman Jackson. (zsb)
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