WILLIAMS v. DIXON
| TYRONE WILLIAMS |
| ROBERT A. DIXON and UNITED STATES OF AMERICA |
| 1:2022cv00753 |
| March 18, 2022 |
| US District Court for the District of Columbia |
| Richard J Leon |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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| Filing 48 SUMMONS (2) Reissued Electronically as to U.S. Attorney, U.S. Attorney General. (znmw) |
MINUTE ORDER. Upon consideration of #47 Plaintiff's Consent Motion to Extend the Discovery Schedule, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the deadline for plaintiff's Rule 26(a)(2) expert disclosures is extended until March 20, 2024; the deadline for defendant's Rule 26(a)(2) expert disclosures is extended until May 20, 2024; and the deadline for the close of discovery is extended until June 3, 2024. SO ORDERED. Signed by Judge Richard J. Leon on 11/6/2023. (lcrjl1)
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| Filing 47 Consent MOTION for Extension of Time to Complete Discovery and Submit Expert Reports by TYRONE WILLIAMS. (Attachments: #1 Text of Proposed Order)(Perloff, Michael) |
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MINUTE ORDER. Upon consideration of #31 Defendant's Consent Motion for Extension of Time to Answer and to File Joint Rule 16.3 Report, it is hereby ORDERED that the Motion is DENIED AS MOOT. In light of the Court's May 8, 2023 and June 6, 2023 minute orders extending the same deadlines in response to defendant's second and third consent motions for extension of time, the first motion is moot. SO ORDERED. Signed by Judge Richard J. Leon on 9/29/2023. (lcrjl1)
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| Filing 46 REPLY to opposition to motion re #44 MOTION to Dismiss and Memorandum in Support filed by UNITED STATES OF AMERICA. (Attachments: #1 Ex. 1 - Correspondence)(DeGenaro, Stephen) |
| Filing 45 Memorandum in opposition to re #44 Motion to Dismiss filed by TYRONE WILLIAMS. (Attachments: #1 Text of Proposed Order)(Perloff, Michael) |
| Filing 44 MOTION to Dismiss and Memorandum in Support by UNITED STATES OF AMERICA. (DeGenaro, Stephen) |
| Filing 43 NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES OF AMERICA (DeGenaro, Stephen) |
| Filing 42 ANSWER to #41 Amended Complaint by ROBERT A. DIXON.(DeGenaro, Stephen) |
| Filing 41 AMENDED COMPLAINT against ROBERT A. DIXON, UNITED STATES OF AMERICA filed by TYRONE WILLIAMS. (Attachments: #1 Summons Summons on USAO, #2 Summons Summons on United States AG)(Perloff, Michael) |
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MINUTE ORDER. Upon consideration of plaintiff's #40 Unopposed Motion to Amend/Correct Complaint, it is hereby ORDERED that the Motion is GRANTED. Plaintiff is directed to file its Amended Complaint on the docket. SO ORDERED. Signed by Judge Richard J. Leon on 8/11/2023. (lcrjl1)
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| Filing 40 Unopposed MOTION to Amend/Correct #1 Complaint by TYRONE WILLIAMS. (Attachments: #1 Text of Proposed Order, #2 Exhibit Pl. Ex. 1 (Amended Compl.), #3 Exhibit Pl. Ex. 2 (Amended Compl. in Redline))(Perloff, Michael) |
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Filing 39
ORDER. Upon consideration of the #38 Joint Motion for Entry of Protective Order, it is hereby ORDERED that the Motion is GRANTED. See attached Stipulated Protective Order for details. Signed by Judge Richard J. Leon on 7/27/2023. (lcrjl1)
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| Filing 38 Joint MOTION for Protective Order by ROBERT A. DIXON. (Attachments: #1 Text of Proposed Order)(DeGenaro, Stephen) |
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Filing 37
ORDER. See attached Scheduling Order for details. Signed by Judge Richard J. Leon on 7/7/2023. (lcrjl1) Modified to fix Chambers error on 7/10/2023 (zsmc).
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| Set/Reset Deadlines: Initial Disclosure due by 7/21/2023. Joinder of Parties/Amended Pleadings due by 8/4/2023. Plaintiff Rule 26(a)(2) due by 11/6/2023. Defendant Rule 26(a)(2) due by 1/8/2024. Discovery due by 1/22/2024. (smc) |
| Filing 36 MEET AND CONFER STATEMENT. (Attachments: #1 Text of Proposed Order)(DeGenaro, Stephen) |
| Filing 35 ANSWER to Complaint by ROBERT A. DIXON.(DeGenaro, Stephen) |
| Set/Reset Deadlines: Answer due by 6/16/2023. Joint Rule 16.3 Report due by 6/30/2023. (smc) |
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MINUTE ORDER. Upon consideration of the #34 Defendant's Third Consent Motion for Extension of Time to Answer and to File Joint Rule 16.3 Report, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the defendant shall file defendant's Answer to plaintiff's Complaint by June 16, 2023; it is further ORDERED that the parties shall file their Joint Rule 16.3 Report by June 30, 2023. SO ORDERED. Signed by Judge Richard J. Leon on 6/6/2023. (lcrjl1)
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| Filing 34 Third MOTION for Extension of Time to File Answer re #1 Complaint (on Consent), Third MOTION for Extension of Time to file Joint Rule 16.3 Report (on Consent) by ROBERT A. DIXON. (Attachments: #1 Text of Proposed Order)(Walker, Anna) |
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MINUTE ORDER. Upon consideration of #33 Defendant's Second Consent Motion for Extension of Time to Answer and to File Joint Rule 16.3 Report, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall file Defendant's Answer to Plaintiff's Complaint by June 2, 2023; it is further ORDERED that the parties shall file their Joint Rule 16.3 Report by June 16, 2023. SO ORDERED. Signed by Judge Richard J. Leon on 5/8/2023. (lcrjl1)
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| Filing 33 Second MOTION for Extension of Time to File Answer re #1 Complaint (on Consent) by ROBERT A. DIXON. (Attachments: #1 Text of Proposed Order)(Walker, Anna) |
| Filing 32 NOTICE OF WITHDRAWAL OF APPEARANCE as to TYRONE WILLIAMS. Attorney Tara Patel terminated. (Patel, Tara) |
| Filing 31 Consent MOTION for Extension of Time to File Answer re #1 Complaint , Consent MOTION for Extension of Time to file Joint Rule 16.3 Report by ROBERT A. DIXON. (Attachments: #1 Text of Proposed Order)(Walker, Anna) |
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MINUTE ORDER. Upon consideration of #21 Defendant's Motion to Dismiss Or, in the Alternative, For Summary Judgment and the record in this case, it is hereby ORDERED that the motion is DENIED. The only basis for Dixon's motion is his argument that Williams failed to lodge a formal complaint with the U.S. Marshals and thereby satisfy his obligation to exhaust all available administrative remedies before filing this suit as required by the Prison Litigation Reform Act ("PLRA"). See Jackson v. District of Columbia, 254 F.3d 262, 269 (D.C. Cir. 2001). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted). Summary judgment is only warranted if there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). Even if the PLRA applies, there is a genuine dispute of material fact whether Williams exhausted his available remedies, so neither dismissal nor summary judgment is warranted. According to an affidavit and accompanying exhibits submitted by Dixon, prisoners can report sexual assault allegations by, among other things, (1) "tell[ing] U.S. Marshals Service (USMS) personnel," (2) "report[ing] [sexual assault] immediately to any... medical staff," or (3) "Writ[ing] a letter to the U.S. Marshals Service." Decl. of Asst. Chief Deputy John Noel 11, id. Ex. 3, id. Ex. 4. Williams reported the alleged misconduct to a Deputy U.S. Marshal, Decl. of Tyrone Williams 19, reported the alleged incidents to medical staff, id. 20, and complained about his alleged mistreatment via a letter from his attorney to Dixon, Decl. of Tara Patel 5, see also id. Ex. 1. Dixon alleges that no record of Williams' allegations exists, but that challenges the credibility of Williams' allegations and is thus not an appropriate basis for a grant of summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); see also Davis v. D.C. Dept of Corrections, 623 F. Supp. 2d 77, 81 (D.D.C. 2009) (Friedman, J.). Accepting Williams' allegations as true, as it must, the Court finds a genuine dispute of material fact whether Williams exhausted his administrative remedies within the meaning of the PLRA by filing a complaint. As such, Dixon's motion must be denied. See Jackson, 254 F.3d at 269. SO ORDERED. Signed by Judge Richard J. Leon on 3/29/2023. (lcrjl3)
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| Filing 30 SURREPLY to re #21 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment filed by TYRONE WILLIAMS. (znmw) |
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MINUTE ORDER. Upon consideration of #29 Plaintiff's Unopposed Motion for Leave to File a Surreply, or in the Alternative to Strike an Argument Not Previously Raised, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff is granted leave to file a surreply and the Clerk is directed to file Plaintiff's proposed brief attached to his #29 motion as the next entry on the docket. SO ORDERED. Signed by Judge Richard J. Leon on 11/4/2022. (lcrjl1)
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| Filing 29 Unopposed MOTION for Leave to File a Surreply, or in the Alternative to Strike an Argument not Previously Raised by TYRONE WILLIAMS. (Attachments: #1 Exhibit Proposed Surreply, #2 Text of Proposed Order)(Patel, Tara) |
| Filing 28 REPLY to opposition to motion re #21 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment filed by ROBERT A. DIXON. (Attachments: #1 Statement of Facts Defendant's Response to Plaintiff's Statement of Disputed Material Facts)(Walker, Anna) |
| Filing 27 NOTICE of Appearance by Anna Davis Walker on behalf of ROBERT A. DIXON (Walker, Anna) |
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MINUTE ORDER. Upon consideration of #26 Defendant's Consent Motion for Extension of Time to File Reply Brief, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the time for Defendant to file his reply brief is hereby extended up to and including October 20, 2022. SO ORDERED. Signed by Judge Richard J. Leon on 9/26/2022. (lcrjl1)
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| Filing 26 Consent MOTION for Extension of Time to File Reply by ROBERT A. DIXON. (Attachments: #1 Text of Proposed Order)(DeGenaro, Stephen) |
| Filing 25 Memorandum in opposition to re #21 Motion to Dismiss,, Motion for Summary Judgment, filed by TYRONE WILLIAMS. (Attachments: #1 Statement of Facts Pl. Statement of Disputed Material Facts, #2 Text of Proposed Order, #3 Declaration First Declaration of Tyrone Williams, #4 Declaration Second Declaration of Tyrone Williams, #5 Declaration Declaration of Michael Perloff, #6 Declaration Declaration of Tara Patel (with exhibit attachments))(Patel, Tara) |
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Filing 24
MEMORANDUM ORDER granting the parties' #23 Joint Motion for Extension of Time to Submit Local Rule 16.3 Report. See attached Order for details. Signed by Judge Richard J. Leon on 8/8/2022. (lcrjl1)
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| Filing 23 Joint MOTION for Extension of Time to Submit Local Rule 16.3 Report by ROBERT A. DIXON. (Attachments: #1 Text of Proposed Order)(DeGenaro, Stephen) |
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MINUTE ORDER. Upon consideration of plaintiff's #22 Consent Motion for Extension of Time to Respond, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that plaintiff shall file his opposition to defendant's motion to dismiss/motion for summary judgment on or before September 8, 2022, and defendant shall file any reply in support of his motion on or before September 22, 2022. SO ORDERED. Signed by Judge Richard J. Leon on 7/19/2022. (lcrjl1)
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| Filing 22 Consent MOTION for Extension of Time to Oppose Defendant's Motion to Dismiss and for Summary Judgment by TYRONE WILLIAMS. (Attachments: #1 Text of Proposed Order)(Patel, Tara) |
| Filing 21 MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment by ROBERT A. DIXON. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Exhibit A - Declaration of Assistant Chief Deputy John Noel, #4 Text of Proposed Order)(DeGenaro, Stephen) |
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MINUTE ORDER. Upon consideration of defendant's #20 Consent Motion for Extension of Time to Respond to the Complaint, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendant shall answer or otherwise respond to the complaint on or before July 7, 2022. SO ORDERED. Signed by Judge Richard J. Leon on 6/17/2022. (lcrjl1)
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| Filing 20 Consent MOTION for Extension of Time to Respond to the Complaint by ROBERT A. DIXON. (Attachments: #1 Text of Proposed Order)(DeGenaro, Stephen) |
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MINUTE ORDER. Upon consideration of defendant's #19 Consent Motion for Extension of Time to Respond to the Complaint, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendant shall file his Answer or otherwise respond to the Complaint on or before June 23, 2022. SO ORDERED. Signed by Judge Richard J. Leon on 5/11/22. (lcrjl1)
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| Filing 19 Consent MOTION for Extension of Time to Respond to the Complaint by ROBERT A. DIXON. (Attachments: #1 Text of Proposed Order)(DeGenaro, Stephen) |
| Filing 18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/31/2022. (See Docket Entry #17 to view document) (zjf) |
| Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT A. DIXON served on 3/30/2022 (Michelman, Scott) |
| NOTICE OF ERROR re #17 Summons Returned Executed as to Federal Defendant; emailed to smichelman@acludc.org, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. Counsel is reminded to docket all parts of their filing(s) (zjf, ) |
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Filing 16
STANDING ORDER. See attached Order for details. It is further ORDERED that the parties' #14 Joint Motion for Extension of Time is DENIED as MOOT. SO ORDERED. Signed by Judge Richard J. Leon on 4/18/2022. (lcrjl1)
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| Filing 15 NOTICE OF WITHDRAWAL OF MOTION re #6 Motion for Preliminary Injunction by TYRONE WILLIAMS (Patel, Tara) Modified to add link on 4/15/2022 (znmw). |
| Filing 14 Joint MOTION for Extension of Time to Submit Any Reply Brief in Support of Plaintiff's Preliminary Injunction Motion by TYRONE WILLIAMS. (Attachments: #1 Text of Proposed Order)(Perloff, Michael) |
| Set/Reset Deadlines: Reply due by 4/13/2022. (smc) |
| Filing 13 Consent MOTION for Extension of Time to File Response/Reply in Support of Plaintiff's Motion for a Preliminary Injunction by TYRONE WILLIAMS. (Attachments: #1 Text of Proposed Order)(Patel, Tara) |
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MINUTE ORDER. Upon consideration of plaintiff's #13 Consent Motion for Extension of Time, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that plaintiff shall file any reply in support of his motion for preliminary injunction on or before April 13, 2022 at 5:00 PM. SO ORDERED. Signed by Judge Richard J. Leon on 4/11/2022. (lcrjl1)
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MINUTE ORDER. Upon consideration of plaintiff's #12 Motion for Extension of Time to File Reply, it is hereby ORDERED that the motion is GRANTED nunc pro tunc. Plaintiff shall file any reply to the defendant's opposition on or before 5:00 PM on April 11, 2022. SO ORDERED. Signed by Judge Richard J. Leon on 4/7/2022. (lcrjl1)
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| Filing 12 Consent MOTION for Extension of Time to File Response/Reply in Support of Plaintiff's Motion for a Preliminary Injunction by TYRONE WILLIAMS. (Attachments: #1 Text of Proposed Order)(Patel, Tara) |
| Filing 11 Memorandum in opposition to re #6 MOTION for Preliminary Injunction filed by ROBERT A. DIXON. (Attachments: #1 Declaration of Assistant Chief Deputy John Noel, #2 Text of Proposed Order)(DeGenaro, Stephen) |
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MINUTE ORDER. Upon consideration of defendant's #10 Consent Motion for Extension of Time to Respond, it is hereby ORDERED that the motion is granted nunc pro tunc. It is further ORDERED that defendant shall respond to plaintiff's motion for a preliminary injunction on or before noon on April 4, 2022 and that plaintiff shall file any reply on or before 5:00 PM on April 6, 2022. The Court shall set a hearing time in a separate Order. SO ORDERED. Signed by Judge Richard J. Leon on 4/1/22. (lcrjl1)
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| Set/Reset Deadlines: Defendant Response To Plaintiff's Motion For Preliminary Injunction due no later than 12:00PM on 4/4/2022. Plaintiff Reply due no later than 5:00PM on 4/6/2022. (mac) |
| Filing 10 Consent MOTION for Extension of Time to Respond to the Complaint Nunc Pro Tunc by ROBERT A. DIXON. (Attachments: #1 Text of Proposed Order)(DeGenaro, Stephen) |
| Filing 9 NOTICE of Appearance by Stephen DeGenaro on behalf of ROBERT A. DIXON (DeGenaro, Stephen) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/18/2022. Answer due for ALL FEDERAL DEFENDANTS by 5/17/2022. (Perloff, Michael) |
| Filing 7 SUMMONS (3) Issued Electronically as to ROBERT A. DIXON, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zjf) |
| Filing 6 WITHDRAWN PURSUANT TO NOTICE FILED ON 04/15/2022 WITHOUT PREJUDICE..... MOTION for Preliminary Injunction by TYRONE WILLIAMS. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Declaration of Tyrone Williams, #4 Declaration of Mark Bowser Junior, #5 Declaration of Gary Raney, #6 Declaration of Arthur Wallenstein, #7 Declaration of Michael Perloff with attachments)(Patel, Tara) Modified on 4/15/2022 (zjf). |
| Filing 5 NOTICE of Appearance by Tara Patel on behalf of TYRONE WILLIAMS (Patel, Tara) |
| Filing 4 NOTICE of Appearance by Michael Krevans Perloff on behalf of TYRONE WILLIAMS (Perloff, Michael) |
| Filing 3 NOTICE of Appearance by Arthur B. Spitzer on behalf of TYRONE WILLIAMS (Spitzer, Arthur) |
| Filing 2 NOTICE of Appearance by Scott Michelman on behalf of TYRONE WILLIAMS (Michelman, Scott) |
| Filing 1 COMPLAINT against ROBERT ANTHONY DIXON ( Filing fee $ 402 receipt number BDCDC-9112671) filed by TYRONE WILLIAMS. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Patel, Tara) |
| Case Assigned to Judge Richard J. Leon. (znmg) |
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