PETTY v. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
| Mr. SHAWN PETTY and SHAWN PETTY |
| AFGE and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES |
| 1:2021cv03161 |
| December 2, 2021 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.
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Filing 51
MEMORANDUM OPINION & ORDER granting #43 Motion to Quash; granting #43 Motion for Protective Order; holding in abeyance #43 Motion for Sanctions; denying #47 Second Motion for Reconsideration; denying #50 Motion for Extension of Time to File Response/Reply as to #47 Second Motion for Reconsideration. Please see document for details. Signed by Judge Colleen Kollar-Kotelly on 1/21/22. (lcckk3)
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MINUTE ORDER. The Court is in receipt of Plaintiff's #49 Unopposed Motion for Extension of Time, in which Plaintiff seeks an extension of time until February 28, 2022 to file an opposition to Defendant's #45 Motion to Dismiss because Plaintiff's counsel is "leaving town to attend to urgent family matters" and will not "return to her office until on or about February 22, 2022." Defendant does not oppose Plaintiff's motion. The Court GRANTS Plaintiff's #49 Motion and ORDERS Plaintiff to file a response to Defendant's #45 Motion to Dismiss by no later than FEBRUARY 28, 2022 and Defendant to file a reply by no later than MARCH 14, 2022. Signed by Judge Colleen Kollar-Kotelly on 1/20/22. (lcckk3)
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Set/Reset Deadlines: Plaintiff to file a response to Defendant's #45 Motion to Dismiss by 2/28/2022. Defendant's Reply due by 3/14/2022.(dot)
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Filing 50
MOTION for Extension of Time to File Response/Reply as to #47 Second MOTION for Reconsideration re #20 Order, #31 Order on Motion for Reconsideration, MOTION to Withdraw by SHAWN PETTY. (Morten, Marlene)
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Filing 49
Unopposed MOTION for Extension of Time to File Response/Reply as to #45 MOTION to Dismiss Plaintiff's Complaint by SHAWN PETTY. (Morten, Marlene)
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Filing 48
REPLY to opposition to motion re #43 MOTION to Quash subpoenas sent on December 17 and 18, 2021 MOTION for Protective Order precluding Plaintiff from seeking discovery without leave of court MOTION for Sanctions based on Plaintiff and Plaintiff's counsel's discovery violations filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Sanghvi, Rushab)
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Filing 47
Second MOTION for Reconsideration re #20 Order, #31 Order on Motion for Reconsideration, by SHAWN PETTY. (Morten, Marlene). Added MOTION to Withdraw on 1/11/2022 (znmw).
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Filing 46
RESPONSE re #43 MOTION to Quash subpoenas sent on December 17 and 18, 2021 MOTION for Protective Order precluding Plaintiff from seeking discovery without leave of court MOTION for Sanctions based on Plaintiff and Plaintiff's counsel's discovery violations filed by SHAWN PETTY. (Morten, Marlene)
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Filing 45
MOTION to Dismiss Plaintiff's Complaint by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: #1 Text of Proposed Order)(Sanghvi, Rushab)
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MINUTE ORDER. The Court is in receipt of Defendant's #45 Motion to Dismiss the Complaint. The Court ORDERS Plaintiff to file an opposition to the motion to dismiss by no later than JANUARY 21, 2022 and Defendant to file a reply by no later than JANUARY 28, 2022. Signed by Judge Colleen Kollar-Kotelly on 1/7/22. (lcckk3)
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Set/Reset Deadlines: Plaintiff's Opposition to #45 due by 1/21/2022. Defendant's Reply to #45 due by 1/28/2022. (dot)
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Filing 44
NOTICE of Appearance by Rachel Steber on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Steber, Rachel)
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Set/Reset Deadlines: Plaintiff's Response to #43 due by 1/10/2022. Defendant's Reply to #43 due by 1/13/2022. (dot)
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MINUTE ORDER. On December 17, 2021, the Court denied without prejudice Plaintiff's #39 Motion for Expedited Discovery, see Order, ECF No. #40 . On December 30, 2021, Defendant filed a #43 Motion to Quash, for a Protective Order, and Sanctions, indicating that despite the Court's order denying Plaintiff's motion for expedited discovery, Plaintiff emailed 10 subpoenas to Defendant's counsel. In its #43 Motion, Defendant seeks (1) to quash a subpoena dated December 20, 2021 emailed by Plaintiff's counsel to Defendant's counsel seeking videos and other records; (2) to quash nine subpoenas emailed by Plaintiff's counsel to Defendant's counsel which appear to direct the presence of certain individuals at a December 20, 2021 AFGE trial committee proceeding; (3) to obtain a protective order precluding Plaintiff from seeking further discovery from Defendant without the Court's leave; and (4) to sanction Plaintiff's attorney. The Court ORDERS Plaintiff to respond to Defendants #43 Motion by no later than JANUARY 10, 2022. In addition to addressing each of Defendant's arguments presented in its #43 Motion, Plaintiff shall specifically address why the 9 subpoenas seeking the appearance of individuals at Defendant's December 20, 2021 trial committee hearing are not moot, as that date has now passed. Defendant shall file a reply by no later than JANUARY 13, 2022. Signed by Judge Colleen Kollar-Kotelly on 1/5/22. (lcckk3)
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Filing 43
MOTION to Quash subpoenas sent on December 17 and 18, 2021, MOTION for Protective Order precluding Plaintiff from seeking discovery without leave of court, MOTION for Sanctions based on Plaintiff and Plaintiff's counsel's discovery violations by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: #1 Text of Proposed Order, #2 Exhibit Exhibit 1 - Subpoena Dated December 20, 2021, #3 Exhibit Exhibit 2 - Nine Subpoenas, #4 Exhibit Exhibit 3 - Email RE: Consent, #5 Exhibit Exhibit 4 - Email with December 20 subpoena, #6 Exhibit Exhibit 5 - AFGE Hearing Manual)(Sanghvi, Rushab)
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Set/Reset Deadlines: Answer due by 1/7/2021. (kt)
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MINUTE ORDER. The Court is in receipt of Defendant's #42 Motion for Extension of Time, in which Defendant requests a 10-day extension of time to answer or otherwise respond to Plaintiff's Complaint. Defendant's response is currently due on December 29, 2021. Defendant requests this extension due to the federal holidays and the significant time spent responding to Plaintiff's TRO Motion and additional pleadings in this matter, as well as a separate matter in which a different plaintiff (represented by the same counsel in this case) filed a TRO Motion against AFGE. Plaintiff's counsel had not yet responded to Defendant's request for Plaintiff's position on the pending Motion for Extension of Time when Defendant filed it. However, in light of the circumstances described therein, the Court GRANTS Defendant's #42 Motion for Extension and ORDERS that Defendant shall answer or otherwise respond to Plaintiff's Complaint by no later than JANUARY 7, 2022. Signed by Judge Colleen Kollar-Kotelly on 12/27/21. (lcckk3)
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Filing 42
First MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint, MOTION for Extension of Time to File Answer to Plaintiff's Complaint by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibit 1)(Sanghvi, Rushab)
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Filing 41
MOTION to Clarify re #39 MOTION for Discovery EXPEDITED DISCOVERY Motion for Clarification of Whether Plaintiff May File a Motion for A Preliminary Injunction on the Remaining Racial Discrimination Claims that were not Decided by the Court when it ruled on Plaintiff's Motion for a Temporary Restraining Order by SHAWN PETTY. (Morten, Marlene)
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Filing 40
ORDER denying without prejudice Plaintiff's #39 Motion for Expedited Discovery. Signed by Judge Colleen Kollar-Kotelly on 12/17/21. (lcckk3)
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Filing 39
MOTION for Discovery EXPEDITED DISCOVERY by SHAWN PETTY. (Morten, Marlene). Added MOTION for Scheduling Order on 12/29/2021 (znmw).
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Filing 38
MEMORANDUM OPINION accompanying #37 Order. Signed by Judge Colleen Kollar-Kotelly on 12/17/21. (lcckk3)
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Filing 37
ORDER denying Plaintiff's #9 Motion for a Temporary Restraining Order as to all remaining issues not previously addressed by the Court in its #28 Order and #29 Memorandum Opinion. Signed by Judge Colleen Kollar-Kotelly on 12/17/21. (lcckk3)
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Filing 36
STATUS REPORT on Proposed Preliminary Injunction Briefing Schedule as Ordered by the Court by SHAWN PETTY. (Morten, Marlene)
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Filing 35
STATUS REPORT on Plaintiff's request for additional briefing by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Sanghvi, Rushab)
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Filing 34
REPLY to opposition to motion re #12 First MOTION for Temporary Restraining Order, #9 First MOTION for Temporary Restraining Order AMENDED filed by SHAWN PETTY. (Attachments: #1 Exhibit Minutes of the June 16, 1977 NEC Meeting)(Morten, Marlene)
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NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #33 Reply to opposition to Motion was entered in error and was refiled as Docket Entry #34 . (znmw)
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Filing 33
ENTERED IN ERROR.....REPLY to opposition to motion re #12 First MOTION for Temporary Restraining Order, #9 First MOTION for Temporary Restraining Order filed by SHAWN PETTY. (Morten, Marlene) Modified on 12/16/2021 (znmw).
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Filing 32
Memorandum in opposition to re #12 First MOTION for Temporary Restraining Order, #9 First MOTION for Temporary Restraining Order Remaining Issues filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Sanghvi, Rushab)
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Filing 31
ORDER denying Plaintiff's #30 Motion for Reconsideration; Motion for Briefing Schedule and requiring the parties to file a Joint Status Report by DECEMBER 16, 2021. Please see Order for details. Signed by Judge Colleen Kollar-Kotelly on 12/13/21. (lcckk3)
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Set/Reset Deadlines: Joint Status Report due by 12/16/2021. (dot)
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Filing 30
First MOTION for Reconsideration re #28 Order on Motion for TRO, #29 Memorandum & Opinion by SHAWN PETTY. (Morten, Marlene)
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Filing 29
MEMORANDUM OPINION accompanying #28 Order. Signed by Judge Colleen Kollar-Kotelly on 12/10/21. (lcckk3)
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Filing 28
ORDER denying Plaintiff's #9 Motion for a Temporary Restraining Order to the extent it seeks to enjoin the December 11, 2021 special election; holding in abeyance the remainder of Plaintiff's #9 TRO Motion, which shall be briefed according to the schedule set forth in the Court's #20 Order. Signed by Judge Colleen Kollar-Kotelly on 12/10/21. (lcckk3)
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Filing 27
ERRATA NVP SHAWN PETTY'S BANK STATEMENTS SHOWING EMPLOYEE'S CONTRIBUTION TO AFGE 401(K) RETIREMENT PLAN THROUGH DECEMBER 3, 2021 by SHAWN PETTY re #22 Reply to opposition to Motion filed by SHAWN PETTY, #21 Memorandum in Opposition,, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Morten, Marlene)
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Filing 26
ERRATA EXHIBIT 1 DECLARATION UNDER PENALTY OF PERJURY DATED DECEMBER 10, 2021 by SHAWN PETTY re #22 Reply to opposition to Motion filed by SHAWN PETTY, #21 Memorandum in Opposition,, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Morten, Marlene)
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Filing 25
ERRATA EXHIBITS IN SUPPORT OF REPLY TO OPPOSITION TO MOTION FOR TRO PLAINTIFF'S BANK STATEMENTS by SHAWN PETTY re #22 Reply to opposition to Motion filed by SHAWN PETTY, #21 Memorandum in Opposition,, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: #1 Exhibit NVP SHAWN PETTY'S BANK STATEMENTS SHOWING AFGE DEPOSITED PAYCHECKS THROUGH FIRST WEEK OF DECEMBER 2021)(Morten, Marlene)
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Filing 24
ERRATA AFGE Organizational Chart Showing that NVP Petty Reports to the NEC and Not to the National President by SHAWN PETTY re #22 Reply to opposition to Motion filed by SHAWN PETTY, #21 Memorandum in Opposition,, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Morten, Marlene)
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Filing 23
ERRATA AFGE ORGANIZATIONAL CHART FILED by SHAWN PETTY re #22 Reply to opposition to Motion filed by SHAWN PETTY, #21 Memorandum in Opposition,, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Morten, Marlene)
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Filing 22
REPLY to opposition to motion re #12 First MOTION for Temporary Restraining Order, #9 First MOTION for Temporary Restraining Order filed by SHAWN PETTY. (Morten, Marlene)
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Filing 21
Memorandum in opposition to re #9 First MOTION for Temporary Restraining Order, #12 First MOTION for Temporary Restraining Order filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: #1 Exhibit AFGE National Constitution, #2 Exhibit Petty Vacancy Letter, #3 Exhibit, #4 Exhibit Petty Resignation Email, #5 Exhibit Petty Resignation Acceptance, #6 Exhibit Petty Resignation Acknolwedment, #7 Exhibit Petty Email to NEC, #8 Exhibit D9 Caucus Notice, #9 Exhibit Petty TRO Threat, #10 Exhibit Petty Candidacy, #11 Exhibit Petty Resignation Recession to NEC Letter, #12 Exhibit Petty Resignation to D9 Leaders)(Sanghvi, Rushab)
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Filing 20
ORDER. Signed by Judge Colleen Kollar-Kotelly on 12/9/21. (lcckk3)
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Filing 19
ERRATA Judgement of the U.S. Court of Appeals for the D. C. Circuit dismissing Hudson's Appeal for Raising New Claim on Appeal by SHAWN PETTY re #15 Response to motion, filed by SHAWN PETTY, #17 Response to Order of the Court filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, #18 Response to motion, filed by SHAWN PETTY. (Morten, Marlene)
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Filing 18
RESPONSE re #12 First MOTION for Temporary Restraining Order, #9 First MOTION for Temporary Restraining Order AMENDED OPPOSITION TO DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION BASED ON PREEMPTION filed by SHAWN PETTY. (Attachments: #1 Exhibit Petition for Review in Hudson v. AFGE filed with the U. S. Court of Appeals for the D. C. Circuit)(Morten, Marlene)
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Filing 17
RESPONSE TO ORDER OF THE COURT re Order providing requested briefing on Subject Matter Jurisdiciton filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Sanghvi, Rushab)
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Filing 16
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/9/21. (DM)
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Filing 15
RESPONSE re #12 First MOTION for Temporary Restraining Order, #9 First MOTION for Temporary Restraining Order to Defendant's Motion to Dismiss TRO for Lack of Jurisdiction due to Preemption filed by SHAWN PETTY. (Attachments: #1 Exhibit Petition for Review in Hudson v. AFGE filed with the U. S. Court of Appeals for the D. C. Circuit)(Morten, Marlene)
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Filing 14
NOTICE that claims regarding internal trial are preempted by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Sanghvi, Rushab)
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephonic Status Conference re: Plaintiff's #9 Motion for Temporary Restraining Order held on 12/9/2021. For the reasons stated on the record, counsel shall provide documentation to chambers forthwith today. (Court Reporter: Bryan Wayne.) (kt)
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Set/Reset Hearings: Telephonic Status Conference re: Plaintiff's #9 Motion for Temporary Restraining Order set for 12/9/2021, at 9:15 AM, before Judge Colleen Kollar-Kotelly. (kt)
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MINUTE ORDER. The Court ORDERS that a teleconference shall be held in this matter at 9:15 AM on DECEMBER 9, 2021. Dial-in instructions shall be provided to counsel by email. Signed by Judge Colleen Kollar-Kotelly on 12/9/21. (lcckk3)
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held again at 12:30 PM on 12/9/2021. Order forthcoming. (Court Reporter Janice Dickman.) (dot)
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Set/Reset Hearings: Telephone Conference set for 12/9/2021 at 12:30 PM via Telephonic/VTC before Judge Colleen Kollar-Kotelly. (dot)
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MINUTE ORDER. The Court ORDERS that a teleconference shall be held in this matter at 12:30 PM on DECEMBER 9, 2021. Dial-in instructions have been provided to counsel by email. Signed by Judge Colleen Kollar-Kotelly on 12/9/21. (lcckk3)
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Filing 13
ERRATA Exhibit 4 AFGE National Constitution 2018 inadvertently omitted from Exhibits referenced in Plaintiff's Memorandum of Points and Authorities in Support of the TRO by SHAWN PETTY re #12 First MOTION for Temporary Restraining Order filed by SHAWN PETTY. (Morten, Marlene)
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Filing 12
MEMORANDUM re #9 MOTION for Temporary Restraining Order Memorandum of Points and Authorities in Support of Motion for a Temporary Restraining Order and Supporting Declarations by SHAWN PETTY. (Attachments: #1 Exhibit Declaration Under Penalty of Perjury of NVP Shawn Petty, #2 Exhibit Resume of Parliamentarian and Attorney Susan Eads Role, #3 Exhibit Parliamentary Opinion of Parliamentarian Susan Eads Role)(Morten, Marlene) Modified event title and link on 12/9/2021 (znmw).
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Filing 11
NOTICE of Appearance by Rushab Sanghvi on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Sanghvi, Rushab)
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Filing 10
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES served on 12/8/2021, answer due 12/29/2021 (Morten, Marlene)
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Filing 9
MOTION for Temporary Restraining Order to Enjoin Defendant AFGE From Holding a December 9, 2021 Trial Committee Hearing To Consider Removing Plaintiff as the Duly Elected AFGE District 9 National. Vice President and AFGE Member, a December 11, 2021 Special Election for the Position of AFGE District 9 National Vice President, and From Removing Plaintiff Shawn Petty as an AFGE member and an AFGE Officer by SHAWN PETTY. (Morten, Marlene)
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Filing 8
Case randomly reassigned to Judge Colleen Kollar-Kotelly as the case is not related to an earlier case. Judge James E. Boasberg is no longer assigned to the case. (rj)
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Filing 7
SUMMONS (1) Issued Electronically as to AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachment: #1 Notice and Consent)(znmg)
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Filing 6
ERRATA Complaint with Signature of Attorney by SHAWN PETTY re #1 Complaint filed by SHAWN PETTY. (Morten, Marlene)
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NOTICE OF ERROR re #1 Complaint; emailed to kemimorten@gmail.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, )
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Case Assigned to Judge James E. Boasberg. (znmg)
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NOTICE OF CORRECTED DOCKET ENTRY: re #5 Errata was entered in error. Document is duplicative of docket entry #4 . (zsb)
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Filing 5
ENTERED IN ERROR.....ERRATA Civil Cover Sheet by SHAWN PETTY re Notice of QC- New Case,. (Morten, Marlene) Modified on 12/6/2021 (zsb).
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Filing 4
CIVIL COVER SHEET by SHAWN PETTY re Notice of QC- New Case, filed by SHAWN PETTY. Related document: Notice of QC- New Case,.(Morten, Marlene)
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Filing 3
NOTICE OF RELATED CASE by SHAWN PETTY. Case related to Case No. 17-1867. (Morten, Marlene)
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NOTICE OF ERROR re #1 Complaint; emailed to kemimorten@gmail.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, )
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NOTICE OF ERROR re #2 Request for Summons to Issue; emailed to kemimorten@gmail.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, )
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Filing 2
REQUEST FOR SUMMONS TO ISSUE to Defendant AFGE re #1 Complaint filed by SHAWN PETTY. Related document: #1 Complaint filed by SHAWN PETTY. (Attachments: #1 Civil Cover Sheet Shawn Petty v. AFGE)(Morten, Marlene)
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Filing 1
COMPLAINT Shawn Petty v. AFGE against SHAWN PETTY with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8903193) filed by SHAWN PETTY.(Morten, Marlene)
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