NELL v. WORMUTH et al
| Col. KARL E. NELL and KARL E. NELL |
| Hon. CHRISTINE E. WORMUTH, Hon. LLOYD J. AUSTIN, III, The Army Board for the Correction of Military Records, UNITED STATES OF AMERICA, CHRISTINE E. WORMUTH, LLOYD J. AUSTIN, III and ARMY BOARD FOR THE CORRECTION OF MILITARY RECORDS |
| 1:2021cv03248 |
| December 10, 2021 |
| US District Court for the District of Columbia |
| Amit P Mehta |
| Other Statutory Actions |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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Filing 17
ORDER setting the parties' #16 Proposed Briefing Schedule. The schedule for further proceedings in this matter shall be as follows: (1) Defendants' opposition and cross-motion for summary judgment is due on or before March 8, 2022; (2) Briefing on Plaintiff's partial motion for summary judgment concludes on March 8, 2022; (3) Plaintiff will file the joint appendix of the administrative record of the partial motion for summary judgment no later than March 11, 2022; (4) Plaintiff's motion for summary judgment on his remaining claims is due no later than March 1, 2022; (5) Defendants' opposition and cross-motion for summary judgment on the remaining claims is due no later than April 1, 2022; (6) Plaintiff's opposition and response is due no later than May 3, 2022; (7) Defendants' reply is due no later than June 1, 2022; and (8) Plaintiff will file the joint appendix of the administrative record no later than June 20, 2022. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 1/28/2022. (lcapm1)
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Filing 16
PROPOSED BRIEFING SCHEDULE by ARMY BOARD FOR THE CORRECTION OF MILITARY RECORDS, LLOYD J. AUSTIN, III, UNITED STATES OF AMERICA, CHRISTINE E. WORMUTH. (Attachments: #1 Text of Proposed Order)(Colsia, Jessica)
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Filing 15
MOTION for Partial Summary Judgment by KARL E. NELL. (Attachments: #1 Exhibit Exhibit 3: Collected Emails, #2 Exhibit Exhibit 6: DIH 11-6066, #3 Exhibit Exhibit 22: AR20170003673, #4 Exhibit Exhibit 23: DAIG Reinvestigation, #5 Exhibit Exhibit 24: AR20180001145, #6 Exhibit Exhibit 25: AR20190001159, #7 Exhibit Exhibit 29: Plaintiff's Complaint filed 12.10.2021, #8 Exhibit Exhibit 30: Plaintiff's first application to the ABCMR, dated February 2015, #9 Exhibit Exhibit 31: Plaintiff's fifth application to the ABCMR, dated January 2019)(Sheldon, David) Modified event on 1/24/2022 (znmw).
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Filing 14
NOTICE of Appearance by Alexandre Maxime Peter Todorov on behalf of All Plaintiffs (Todorov, Alexandre)
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Filing 13
NOTICE OF WITHDRAWAL OF MOTION by KARL E. NELL re #8 MOTION for Preliminary Injunction (Sheldon, David)
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MINUTE ORDER. The parties shall meet and confer and, by December 23, 2021, file a Joint Status Report that proposes a schedule for briefing on Plaintiff's motion for preliminary injunction. Signed by Judge Amit P. Mehta on 12/20/2021. (lcapm1)
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Set/Reset Deadlines: Status Report due by 12/23/2021 (zjch, )
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Filing 12
NOTICE of Appearance by Jessica B. Colsia on behalf of All Defendants (Colsia, Jessica)
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Filing 11
ERRATA Exhibits Cited but not Attached to Motion by KARL E. NELL re #8 MOTION for Preliminary Injunction filed by KARL E. NELL. (Attachments: #1 Exhibit 2: Chronological Evidence Map, #2 Exhibit 3: Collected Emails, #3 Exhibit 4: Tables, #4 Exhibit 5: Counseling Statement dated November 7, 2010, #5 Exhibit 6: DIH 11-6066, #6 Exhibit 7: Counseling Statement dated October 18, 2018, #7 Exhibit 8: DIH 11-6066 Roll Case Exhibit F, #8 Exhibit 9: AR 600-20 (2008), #9 Exhibit 10: FM 6-22, #10 Exhibit 11: Memorandum for Record of Lt. Ashley Coates, #11 Exhibit 12: Counseling Statement on Reassignment to Battalion SPO, #12 Exhibit 13: DoDIG Appeal Decision, #13 Exhibit 14: Promotion Review Board Decision and Recommendation, #14 Exhibit 15: Command Review Board Referral, #15 Exhibit 16: Officer Record Brief of Col. Karl Nell, #16 Exhibit 18: Letters of Recommendation for Promotion for Col Karl nell, #17 Exhibit 19: AR20150003964, #18 Exhibit 20: AR20160002635, #19 Exhibit 21: 2016 Advisory Opinion of the Army Human Resources Command, #20 Exhibit 22: AR20170003673, #21 Exhibit 23: 2017 DAIG Reinvestigation, #22 Exhibit 24: AR20180001145, #23 Exhibit 25: AR20190001159, #24 Exhibit 26: House Report No. 114-840, #25 Exhibit 27: 2nd Officer Evaluation Report of Major Zeruto, #26 Exhibit 28: Officer Evaluation Reports of Col. Karl Nell)(Sheldon, David)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexandre Todorov, Filing fee $ 100, receipt number ADCDC-8937777. Fee Status: Fee Paid. by KARL E. NELL. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing for Alexandre Todorov)(Sheldon, David)
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Filing 9
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/17/2021. Answer due for ALL FEDERAL DEFENDANTS by 2/15/2022. (Sheldon, David)
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Filing 8
WITHDRAWN PURSUANT TO NOTICE FILED 12/22/2021.....MOTION for Preliminary Injunction by KARL E. NELL. (Attachments: #1 Affidavit Exhibit 17: Affidavit of Colonel Karl E Nell in Support of His Complaint, #2 Exhibit Exhibit 29: Plaintiff's complaint filed December 10, 2021)(Sheldon, David) Modified on 12/23/2021 (zeg).
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Filing 7
SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General. (Attachment: #1 Notice and Consent)(znm)
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Case Assigned to Judge Amit P. Mehta. (znmg)
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MINUTE ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. Attorney Alexandre Todorov is hereby admitted pro hac vice to appear 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. Signed by Judge Amit P. Mehta on 12/17/2021. (lcapm1)
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Filing 6
ERRATA Hand Signed Civil Cover Sheet by KARL E. NELL. (Sheldon, David)
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Filing 5
ERRATA 3rd Corrected Civil Cover Sheet by KARL E. NELL. (Sheldon, David)
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Filing 4
ERRATA Corrected Civil Cover Sheet by KARL E. NELL. (Sheldon, David)
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NOTICE OF ERROR re #2 Cover Sheet; emailed to davidsheldon@militarydefense.com, cc'd 0 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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Filing 3
MOTION for Leave to File Document Under Seal by KARL E. NELL. (Attachments: #1 Affidavit Affidavit of Col. Karl E Nell)(Sheldon, David)
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Filing 2
CIVIL COVER SHEET by KARL E. NELL filed by KARL E. NELL.(Sheldon, David)
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NOTICE OF ERROR re #1 Complaint; emailed to davidsheldon@militarydefense.com, cc'd 0 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. (zsb, )
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8921644) filed by KARL E. NELL. (Attachments: #1 Exhibit Exhibit 1: Memoranda for Records, #2 Exhibit Exhibit 2: Chronological Evidence Map, #3 Exhibit Exhibit 3: Collected Emails, #4 Exhibit Exhibit 4: Tables, #5 Exhibit Exhibit 5: Counseling Statement dated November 7, 2010, #6 Exhibit Exhibit 6: DIH 11-6066, #7 Exhibit Exhibit 7: Counseling Statement dated October 18, 2018, #8 Exhibit Exhibit 8: DIH 11-6066 Roll Case Exhibit F, #9 Exhibit Exhibit 9: AR 600-20 (2008), #10 Exhibit Exhibit 10: FM 6-22, #11 Exhibit Exhibit 11: Memorandum for Record of Lt. Ashley Coates, #12 Exhibit Exhibit 12: Counseling Statement on Reassignment to Battalion SPO, #13 Exhibit Exhibit 13: DoDIG Appeal Decision, #14 Exhibit Exhibit 14: Promotion Review Board Decision and Recommendation, #15 Exhibit Exhibit 15: Command Review Board Referral, #16 Exhibit Exhibit 16: Officer Record Brief of Col. Karl Nell, #17 Exhibit Exhibit 18: Letters of Recommendation for Promotion for Col Karl nell, #18 Exhibit Exhibit 19: AR20150003964, #19 Exhibit Exhibit 20: AR20160002635, #20 Exhibit Exhibit 21: 2016 Advisory Opinion of the Army Human Resources Command, #21 Exhibit Exhibit 22: AR20170003673, #22 Exhibit Exhibit 23: 2017 DAIG Reinvestigation, #23 Exhibit Exhibit 24: AR20180001145, #24 Exhibit Exhibit 25: AR20190001159, #25 Exhibit Exhibit 26: House Report No. 114-840, #26 Exhibit Exhibit 27: 2nd Officer Evaluation Report of Major Zeruto, #27 Exhibit Exhibit 28: Officer Evaluation Reports of Col. Karl Nell, #28 Civil Cover Sheet Civil Cover Sheet for Nell v. Wormuth, #29 Summons Summons for the Army Board for the Correction of Military Records, #30 Summons Summons for Attorney General Garland, #31 Summons Summons for Secretary of the Army Wormuth, #32 Summons Summons for Secretary of Defense Austin, #33 Summons Summons for US Attorney Graves)(Sheldon, David)
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