JOLLEY v. UNITED STATES OF AMERICA et al
| WILLIAM B. JOLLEY |
| UNITED STATES OF AMERICA and MARCIA FUDGE |
| 1:2021cv02709 |
| October 14, 2021 |
| US District Court for the District of Columbia |
| Tanya S Chutkan |
| Other Statutory Actions |
| 38 U.S.C. § 4324 |
| None |
Docket Report
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MINUTE ORDER: Upon review of the record from the transferor court, it is hereby ordered that Plaintiff's Motions for Summary Judgment, ECF Nos. #15 and #21 are hereby DENIED without prejudice. Plaintiff's motions do not comply with Federal Rule of Civil Procedure 56, nor Local Civil Rule 7. Additionally, Plaintiffs' motions are premature as Defendants have not filed an answer to the Complaint. Not later than 12/21/21 the Defendants shall answer or otherwise respond to the Complaint. The Clerk of the Court shall mail a copy of this order to: WILLIAM B. JOLLEY, 73 Bartram Trail, Brunswick, Glynn County, GA 31523. Signed by Judge Tanya S. Chutkan on 12/7/21. (DJS)
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Filing 38
NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek)
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Filing 37
ORDER: Advising pro se Plaintiff of his obligation to follow the FRCP, Local Rules and orders of the court. Failure to adhere to these rules or orders may result in sanctions, up to and including dismissal of this action. The Clerk of the Court shall mail a copy of this Order to: WILLIAM B. JOLLEY, 73 Bartram Trail, Brunswick, Glynn County, GA 31523. (See order for further details) Signed by Judge Tanya S. Chutkan on 10/22/21. (DJS)
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Filing 36
Case randomly reassigned to Judge Tanya S. Chutkan. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr)
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Filing 35
Case transferred in from District of Indiana Southern; Case Number 1:20-cv-03216. Original file certified copy of transfer order and docket sheet received.
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Filing 34
Transfer Letter to Clerk of the District of Columbia. Case transferred electronically to District of Columbia, on October 14, 2021. (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 33
CLOSED TRANSFER - Based on the foregoing, Mr. Jolley's Motion for Sanctions, #30 , is DENIED. The Government's Motion to Dismiss, #17 , is GRANTED IN PART and DENIED IN PART as follows: The motion is GRANTED to the extent that the Government seeks to transfer this case to another venue; and The motion is DENIED in all other respects. Pursuant to 28 U.S.C. 1406(a), the Clerk is DIRECTED to TRANSFER this case to the District Court for the District of Columbia. Mr. Jolley's pending Motions for Partial Summary Judgment, #15 ; #21 , shall remain pending for disposition by the District Court for the District of Columbia. However, the Clerk is DIRECTED to TERMINATE the pending motions on this Court's docket. (See Order). Copy to Plaintiff via U.S. Mail Signed by Judge Jane Magnus-Stinson on 10/14/2021. (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 31
RESPONSE in Opposition re #30 MOTION for Sanctions , filed by Defendants MARCIA FUDGE, UNITED STATES OF AMERICA. (Attachments: #1 Exhibit - Declaration of Michael Lawyer)(Kirklin, Jackson) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 30
MOTION for Sanctions against Defendants, filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Exhibits, #2 Envelope). (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 29
REPLY in Support of Motion re #17 MOTION to Dismiss , filed by Defendants MARCIA FUDGE, UNITED STATES OF AMERICA. (Kirklin, Jackson) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 28
ORDER - This matter comes before the Court on Defendants' Motion to Stay Briefing on Plaintiff's Motion for Partial Summary Judgment as to Count II. The Court, having fully reviewed the matter, hereby GRANTS said Motion #25 . Briefing on Plaintiff's Motion for Partial Summary Judgment as to Count II #21 is hereby STAYED. The briefing schedule on that motion will be reset by future order of the Court, following the Court's decision on Defendants' Motion to Dismiss #17 . No further motions for summary judgment should be filed by Mr. Jolley until the Court rules on the Motion to Dismiss. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 7/16/2021. (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 25
MOTION to Stay Briefing on Plaintiff's Motion for Partial Summary Judgment as to Court II, filed by Defendants MARCIA FUDGE, UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(Kirklin, Jackson) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 27
MEMORANDUM of Points and Authorities opposing re #17 MOTION to Dismiss , filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Envelope)(CBU) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 26
RESPONSE in Opposition re #17 MOTION to Dismiss , filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Envelope)(CBU) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 24
AFFIDAVIT in Support of Motion re #21 MOTION for Summary Judgment, filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Envelope). (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 23
Statement of Material Undisputed Facts re #21 MOTION for Summary Judgment, filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Envelope). (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 22
BRIEF/MEMORANDUM in Support re #21 MOTION for Summary Judgment, filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Envelope). (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 21
MOTION for Summary Judgment, filed by Plaintiff WILLIAM B. JOLLEY. (MAC) (Additional attachment(s) added on 7/13/2021: #1 Envelope) (MAC). [Transferred from Indiana Southern on 10/18/2021.]
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Filing 20
ORDER - This matter comes before the Court on Defendants' Motion to Stay Briefing on Plaintiff's Motion for Partial Summary Judgment as to Count I of Plaintiff's Complaint. The Court, having fully reviewed the matter, hereby GRANTS said Motion #19 . Briefing on Plaintiff's Motion for Partial Summary Judgment #15 as to Count I is hereby STAYED. The briefing schedule on that motion will be reset by future order of the Court, following the Court's decision on Defendants' Motion to Dismiss. [Filing No. #17 .] Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 6/30/2021. (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 19
MOTION to Stay Briefing on Plaintiff's Motion for Partial Summary Judgment as to Count I of Plaintiff's Complaint, filed by Defendants MARCIA FUDGE, UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(Kirklin, Jackson) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 18
BRIEF/MEMORANDUM in Support re #17 MOTION to Dismiss , filed by Defendants MARCIA FUDGE, UNITED STATES OF AMERICA. (Kirklin, Jackson) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 17
MOTION to Dismiss , filed by Defendants MARCIA FUDGE, UNITED STATES OF AMERICA. (Attachments: #1 Declaration of Paulette Lee, #2 Exhibit A - EEO Complaint of Discrimination in HUD, #3 Exhibit B - Request for a Hearing Form, #4 Exhibit C - Scheduling Order Authorizing Discovery and Order to Show Cause, #5 Exhibit D - Order of Dismissal)(Kirklin, Jackson) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 16
AFFIDAVIT in Support of Motion re #15 MOTION for Summary Judgment, filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Exhibits, #2 Envelope). (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 15
MOTION for Partial Summary Judgment, filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Envelope). (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 12
NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants MARCIA FUDGE, UNITED STATES OF AMERICA. (Kirklin, Jackson) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 11
NOTICE of Appearance by Jackson Taylor Kirklin on behalf of Defendants MARCIA FUDGE, UNITED STATES OF AMERICA. (Kirklin, Jackson) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 14
RETURN of Service by CMRRR MARCIA FUDGE served on 4/7/2021. (MAC) (Main Document 14 replaced on 6/18/2021) (MAC). [Transferred from Indiana Southern on 10/18/2021.]
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Filing 10
ORDER - Presently pending before the Court is pro se Plaintiff William B. Jolley's Motion for Extension of Time for Service and Request that Clerk Complete Summons Form, in which he asks the Court to: (1) extend the time limit for service; and (2) either direct the Clerk to provide the summons and complaint forms for service or direct the U.S. Marshals Service to complete service. [Filing No. 9.] In its Order dated March 25, 2021, the Court directed the Clerk to complete service pursuant to Federal Rule of Civil Procedure 4(c)(3). [Filing No. 7.] Accordingly, the issues raised in Mr. Jolley's Motion have already been addressed, and therefore the Motion, #9 , is DENIED AS MOOT. (Copy to Plaintiff via U.S. mail) Signed by Judge Jane Magnus-Stinson on 4/15/2021. (JDC) Modified on 6/30/2021 (MAC). [Transferred from Indiana Southern on 10/18/2021.]
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Filing 13
RETURN of Service by CMRRR UNITED STATES OF AMERICA served on 4/7/2021 c/o U.S. Attorney General, Dept. of Justice. (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 32
RETURN of Service by CMRRR UNITED STATES OF AMERICA served on 4/1/2021 c/o U.S. Attorney, Southern IN. (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 9
MOTION for extension of time for service and request for Clerk to complete summons forms, filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Envelope). (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 8
Summons Issued as to MARCIA FUDGE, UNITED STATES OF AMERICA. (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 7
ORDER - Pro se Plaintiff William B. Jolley files this action against the United States and Ben Carson, Secretary of the Department of Housing and Urban Development ("HUD"), alleging in relevant part that he was denied employment with HUD because of his hearing disability, his "advanced age," and because he has successfully litigated employment discrimination claims to protect his and other veterans' rights under the Uniformed Services Employment and Reemployment Act ("USERRA") and other laws. [Filing No. 1.] On December 21, 2020, the Court granted Mr. Jolley's "Motion to Proceed as a Veteran Without Payment of Court Fees and Charges," [Filing No. 2], and thereby permitted him to proceed in this case without prepayment of the filing fee under USERRA, 38 U.S.C. 4323(h)(1), [Filing No. 5]. Mr. Jolley has now written a letter to the Court, [Filing No. 6], which the Court construes as a Motion for Assistance with Service of Summons. Preliminarily, the Court notes that since the filing of the Complaint in this action, Ben Carson has been succeeded as the Secretary of HUD by Marcia Fudge. Because Mr. Jolley's Complaint names former Secretary Carson in his official capacity, Secretary Fudge must be substituted as the proper Defendant in this case. See Fed. R. Civ. P. 25(d); Kentucky v. Graham, 473 U.S. 159, 166 n.11 (1985) ("In an official-capacity action in federal court, death or replacement of the named official will result in automatic substitution of the official's successor in office."). Accordingly, the Clerk is DIRECTED to substitute as Defendant Marcia Fudge, Secretary of the Department of Housing and Urban Development, in place of Ben Carson. As for service, Federal Rule of Civil Procedure 4(c)(3) allows the Court to order service on a plaintiff's request, and requires the Court to order service when a plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. 1915. As a technical matter, Mr. Jolley is not proceeding in forma pauperis pursuant to 28 U.S.C. 1915, but instead was permitted to proceed without prepayment of the filing fee pursuant to USERRA, 38 U.S.C. 4323(h)(1), so the Court is not required to order service. Nevertheless, the Court concludes that it is appropriate to order service in this instance. Accordingly, the Court GRANTS Mr. Jolley's construed Motion for Assistance with Service of Summons, #6 , and DESIGNATES the Clerk pursuant to Rule 4(i)(1)(ii), Rule 4(i)(2), and Rule 4(i)(3) to serve Defendants the United States of America and Marcia Fudge (through service upon the Office of the United States Attorney), by registered or certified mail, return receipt requested. Process shall consist of the Complaint, [Filing No. 1], Summons, the Court's Order dated December 21, 2020, [Filing No. 5], and this Order. The Court also DIRECTS the Clerk to send a copy of the Summons, a copy of the Complaint, [Filing No. 1], and a copy of this Order by registered or certified mail to the Attorney General of the United States at Washington, D.C., pursuant to Rule 4(i)(1)(B). (Copy to Plaintiff via U.S. Mail, Defendants served via cmrr) Signed by Judge Jane Magnus-Stinson on 3/25/2021.(JDC) Modified on 3/26/2021 (JDC). Modified on 3/26/2021 (MAC). [Transferred from Indiana Southern on 10/18/2021.]
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Filing 6
MOTION for assistance with service of summons, filed by Plaintiff WILLIAM B. JOLLEY. (Attachments: #1 Envelope). (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 5
ORDER granting Plaintiff's #2 Motion for Leave to Proceed in forma pauperis. Because the Court finds that (1) Mr. Jolley is a veteran and (2) he asserts claims under USERRA, Mr. Jolley's Motion, #2 , is GRANTED and he may proceed without payment of the filing fee. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 12/21/2020. (MAC) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 4
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 3
CONSENT to Jurisdiction to US Magistrate Judge by WILLIAM B. JOLLEY. (DJH) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, WILLIAM B. JOLLEY. (Attachments: #1 Envelope)(DJH) [Transferred from Indiana Southern on 10/18/2021.]
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Filing 1
COMPLAINT against BEN CARSON and UNITED STATES OF AMERICA, filed by WILLIAM B. JOLLEY. (No fee paid with this filing) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Cover Letter, #4 Envelope)(DJH) [Transferred from Indiana Southern on 10/18/2021.]
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