GEORGE v. GEORGE WASHINGTON UNIVERSITY
| PATRICK GEORGE |
| THE GEORGE WASHINGTON UNIVERSITY and GEORGE WASHINGTON UNIVERSITY |
| 1:2022cv00896 |
| April 4, 2022 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.
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MINUTE ORDER (paperless) DISMISSING this matter, without prejudice, pursuant to plaintiff's #25 Notice of Voluntary Dismissal. The Clerk of Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on June 2, 2022. (lcbah2)
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Filing 25
NOTICE of Voluntary Dismissal by PATRICK GEORGE (Ramana, Anand)
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Filing 24
MEMORANDUM OPINION regarding the plaintiff's #10 Motion for Preliminary Injunction and #3 Motion for Expedited Discovery. Signed by Chief Judge Beryl A. Howell on May 27, 2022. (lcbah2)
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Filing 23
ORDER DENYING the plaintiff's #10 Motion for Preliminary Injunction and DENYING AS MOOT the plaintiff's #3 Motion for Expedited Discovery. See Order for further details. Signed by Chief Judge Beryl A. Howell on May 27, 2022. (lcbah2)
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Filing 22
RESPONSE TO ORDER TO SHOW CAUSE re Order,,,,,,,,,,,,,,,,,,, filed by PATRICK GEORGE. (Attachments: #1 Exhibit)(Ramana, Anand)
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Filing 21
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GEORGE WASHINGTON UNIVERSITY served on 5/16/2022, answer due 6/6/2022 (Ramana, Anand)
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Filing 20
SUMMONS (1) Issued Electronically as to GEORGE WASHINGTON UNIVERSITY. (Attachment: #1 Notice and Consent)(zeg)
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Filing 19
REQUEST FOR SUMMONS TO ISSUE filed by PATRICK GEORGE.(Ramana, Anand)
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MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' #18 Joint Status Report, plaintiff to SHOW CAUSE, by 5 PM on May 17, 2022, why his #10 Motion for Preliminary Injunction should not be denied for failure to complete service on defendant as required under Federal Rule of Civil Procedure 4 ("Rule 4"). Despite seeking extraordinary preliminary injunctive relief to order defendant to modify actions announced almost two years ago and implemented last summer, plaintiff still has not properly served defendant pursuant to Rule 4, even though over a month has lapsed after removal of this action from D.C. Superior Court. See #18 JSR 24 ("[N]o summons has yet issued from the Superior Court or from this Court, and accordingly, GW has not been properly served with either the original or the corrected verified complaint."). Although a temporary restraining order may issue without "notice to the adverse party," see Fed. R. Civ. P. 65(b)(1), issuance of a preliminary injunction requires that a defendant be "on notice," see id. 65(a)(1), which notice has been equated with the proper effectuation of service. See 3M Co. v. Christian Investments LLC, No. 11-cv-627 (TSE), 2011 WL 3678144, at *3-4 (E.D. Va. Aug. 19, 2011) (finding that "service of process is a prerequisite to the issuance of an enforceable preliminary injunction" and collecting cases concluding the same). "Service of process, under longstanding tradition in our system of justice, is fundamental to any procedural imposition on a named defendant," Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999), and is "a ritual that marks the court's assertion of jurisdiction over the lawsuit," Mann v. Castiel, 681 F.3d 368, 372 (D.C. Cir. 2012) (citations omitted). Accordingly, "federal courts lack the power to assert personal jurisdiction over a defendant unless the procedural requirements of effective service are satisfied" pursuant to Rule 4. Id. (emphasis added); see also Sierra Club v. Tennessee Valley Auth., 905 F. Supp. 2d 356, 358-359 (D.D.C. 2012) ("[P]ersonal jurisdiction is an 'essential element of the jurisdiction of a district court without which the court is powerless to proceed to an adjudication.'" (quoting Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 584 (1999)). This "cardinal principle that the district court is powerless to proceed in the absence of personal jurisdiction applies with no less force when the court is presented with a motion for a preliminary injunction." Klatib v. Alliance Bankshares Corp., 846 F. Supp. 2d 18, 25 (D.D.C. 2012).Here, plaintiff appears to ignore any obligation when seeking preliminary injunctive relief promptly to complete service of defendant pursuant to the terms of Rule 4 -- even going as far as describing the "technical service of a summons and complaint" as "a practical waste" in the current posture of this case. #17 Pl.'s Reply Supp. Mot. for Prelim. Injunction ("Pl.'s Reply"), at 3. In plaintiff's view, for purposes of resolving his motion for a preliminary injunction, completing service is unnecessary because defendant, by "receiv[ing] notice of this suit, invok[ing] the jurisdiction of this Court by removing it, and... vigorously defend[ing] itself in it," has purposely subjected itself to the Court's jurisdiction. Id. Such delay in completing service may be intended to forestall an anticipated and announced motion to dismiss by defendant. See #18 JSR 24 ("GW intends to move to dismiss... within... 21 days of being served with a summons"). Yet, removal of a case to this Court does not obviate the requirement for proper service, see 28 U.S.C. 1448; Graves v. Repub. Nat'l Distri. Co., 42 F. Supp. 3d 121, 123 (D.D.C. 2014) ("[R]emoval does not vitiate the requirement of proper service once removed to federal court."), and plaintiff's view of the law is difficult to reconcile with well-settled law, discussed supra, emphasizing that full effectuation of service is a prerequisite to the proper exercise of personal jurisdiction over a party. See Ruhrgas AG, 526 U.S. at 584; Murphy Bros., Inc., 526 U.S. at 350; Castiel, 681 F.3d at 372; see also Klatib, 846 F. Supp. 2d at 25 ("Simply put, the district court has no power to grant an interlocutory or final injunction against a party over whom it has not acquired valid [personal] jurisdiction, and an order granting an interlocutory injunction in such circumstances is erroneous as a matter of law." (citations omitted)). Signed by Chief Judge Beryl A. Howell on May 13, 2022. (lcbah2)
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Set/Reset Deadlines: Response to Show Cause due by 5:00 PM on 5/17/2022. (ztg)
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Filing 18
Joint STATUS REPORT in response to the Court's May 6, 2022 Minute Order by GEORGE WASHINGTON UNIVERSITY. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schwartz, Jason)
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Set/Reset Deadlines: Joint Status Report due by 12:00 PM on 5/11/2022. (ztg)
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MINUTE ORDER (paperless) DIRECTING the parties to file, by May 11, 2022 at 12 PM, a joint status report advising the Court as to (1) everything that has transpired regarding this case's apparently defective removal from D.C. Superior Court, which development was communicated to the Court not by the parties but by Clerk's Office staff, and (2) whether such defective removal requires that this matter be remanded to D.C. Superior Court. Signed by Chief Judge Beryl A. Howell on May 6, 2022. (lcbah2)
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Filing 17
REPLY to opposition to motion re #10 MOTION for Preliminary Injunction filed by PATRICK GEORGE. (Ramana, Anand)
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Filing 16
REPLY to opposition to motion re #3 Emergency MOTION to Expedite Discovery filed by PATRICK GEORGE. (Ramana, Anand)
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Filing 15
DECLARATION of Eric Gehrke - Redacted by PATRICK GEORGE re #10 MOTION for Preliminary Injunction filed by PATRICK GEORGE. (Ramana, Anand)
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MINUTE ORDER (paperless) GRANTING plaintiff's consent #13 Motion for Leave to File Under Seal and DIRECTING plaintiff to file on the public docket the redacted version of this exhibit attached to his motion as Exhibit 2. The Clerk of Court is directed to maintain under seal the unredacted version of plaintiff's exhibit filed at ECF No. 10-2. Signed by Chief Judge Beryl A. Howell on April 21, 2022. (lcbah2)
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Filing 14
Memorandum in opposition to re #10 MOTION for Preliminary Injunction filed by GEORGE WASHINGTON UNIVERSITY. (Attachments: #1 Declaration of T. Vogel, #2 Declaration of C. Bierwirth, #3 Text of Proposed Order)(Schwartz, Jason)
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Filing 13
Consent MOTION for Leave to File Redacted Dkt. No. 10-2 and Seal Dkt. No. 10-2 by PATRICK GEORGE. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Ramana, Anand)
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Filing 12
Memorandum in opposition to re #3 Emergency MOTION to Expedite Discovery filed by GEORGE WASHINGTON UNIVERSITY. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Schwartz, Jason)
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Filing 11
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on April 14, 2022. (lcbah2)
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Filing 10
MOTION for Preliminary Injunction by PATRICK GEORGE. (Attachments: #1 Memorandum in Support, #2 Declaration Eric Gehrke, #3 Declaration Mark Davis, #4 Declaration Patrick George, #5 Text of Proposed Order)(Ramana, Anand)
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Filing 9
TRANSCRIPT OF HEARING, before Chief Judge Beryl A. Howell, held on 4-07-2022; Page Numbers: 1 - 82. Date of Issuance: 4-11-2022. Court Reporter: Elizabeth Saint-Loth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/2/2022. Redacted Transcript Deadline set for 5/12/2022. Release of Transcript Restriction set for 7/10/2022.(Saint-Loth, Elizabeth)
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MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' #8 Proposed Schedules to Govern Further Proceedings, the following SCHEDULING ORDER: 1) by April 13, 2022, plaintiff shall file any motion for preliminary injunction; 2) by April 19, 2022, defendant shall file any opposition to plaintiff's motion for expedited discovery; 3) by April 20, 2022, defendant shall file any opposition to plaintiff's motion for preliminary injunction; 4) by April 26, 2022, plaintiff shall file any reply in support of his motion for expedited discovery; and5) by April 27, 2022, plaintiff shall file any reply in support of his motion for preliminary injunction. Following the proper effectuation of service, the parties are FURTHER DIRECTED to brief any dispositive motions filed by defendant in accordance with the terms provided under the Federal Rules of Civil Procedure and this Court's Local Rules. Signed by Chief Judge Beryl A. Howell on April 11, 2022. (lcbah2)
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Set/Reset Deadlines: Motion for Preliminary Injunction due by 4/13/2022; opposition to motion for expedited discovery due by 4/19/2022; opposition to motion for preliminary injunction due by 4/20/2022; reply in support of his motion for expedited discovery due by 4/26/2022; reply in support of motion for preliminary injunction due by 4/27/2022. (ztg)
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Filing 8
PROPOSED BRIEFING SCHEDULE (JOINT) by GEORGE WASHINGTON UNIVERSITY. (Schwartz, Jason)
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Filing 6
Memorandum in opposition to re #2 Emergency MOTION for Temporary Restraining Order filed by GEORGE WASHINGTON UNIVERSITY. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Schwartz, Jason)
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Set/Reset Hearings: Motion Hearing scheduled for 4/7/2022, at 2:00 PM via videoconference before Chief Judge Beryl A. Howell. A videoconference link will be provided to the parties by the deputy clerk. (ztg)
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Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Motion Hearing held via videoconference on 4/7/2022; #2 Emergency MOTION for Temporary Restraining Order filed by PATRICK GEORGE, heard and denied; parties directed to confer and submit a proposed schedule by 5:00 PM on April 8, 2022. (Court Reporter Elizabeth Saint-Loth.) (ztg)
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Filing 7
NOTICE to Counsel/Party re #1 Notice of Removal, (zsb)
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Filing 5
NOTICE of Appearance by Molly T. Senger on behalf of GEORGE WASHINGTON UNIVERSITY (Senger, Molly)
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Case Assigned to Chief Judge Beryl A. Howell. (zsb)
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NOTICE of Hearing on Motion. The parties shall take notice that a hearing on the #2 MOTION for Temporary Restraining Order is scheduled for tomorrow Thursday, April 7, 2022, at 2:00 PM before Chief Judge Beryl A. Howell. The deputy clerk will contact the parties regarding whether this hearing will take place in person or via video conference. Signed by Chief Judge Beryl A. Howell on April 6, 2022. (lcbah2)
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Filing 4
ERRATA REFILED TO INCLUDE BOTH PARTIES' ADDRESSES IN CASE CAPTION by GEORGE WASHINGTON UNIVERSITY re #1 Notice of Removal, filed by GEORGE WASHINGTON UNIVERSITY. (Schwartz, Jason)
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Filing 3
Emergency MOTION to Expedite Discovery by PATRICK GEORGE. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Ramana, Anand)
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Filing 2
Emergency MOTION for Temporary Restraining Order by PATRICK GEORGE. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Ramana, Anand)
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NOTICE OF ERROR re #1 Notice of Removal; emailed to jschwartz@gibsondunn.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 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
NOTICE OF REMOVAL Filing fee $ 402, receipt number ADCDC-9146869 filed by THE GEORGE WASHINGTON UNIVERSITY. (Attachments: #1 Exhibit Exhibit A - Superior Court Complaint, #2 Exhibit Exhibit B - TRO Motion, #3 Exhibit Exhibit C - Motion for Expedited Discovery, #4 Exhibit Exhibit D - Decl. of B. Wanger, #5 Exhibit Exhibit E - Decl. of C. Bierwirth, #6 Exhibit Exhibit F - Notice of Filing of Notice of Removal, #7 Civil Cover Sheet)(Schwartz, Jason)
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