KNICK v. AUSTIN et al
| DANIEL KNICK |
| LLOYD J. AUSTIN, III, FRANK KENDALL, III, ROBERT I. MILLER and RUDOLF WILHELM KUEHNE, JR. |
| 1:2022cv01267 |
| May 4, 2022 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Civil Rights: Other |
| 42 U.S.C. § 2000 Religion |
| None |
Docket Report
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This docket was last retrieved on June 29, 2022. A more recent docket listing may be available from PACER.
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Filing 22
Memorandum in opposition to re #21 MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a) filed by LLOYD J. AUSTIN, III, FRANK KENDALL, III, RUDOLF WILHELM KUEHNE, JR, ROBERT I. MILLER. (Yang, Catherine)
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Filing 21
MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a) by DANIEL KNICK. (Poblete, Jason)
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Filing 20
MEMORANDUM OPINION AND ORDER DENYING plaintiff's #8 Motion for Temporary Restraining Order and Preliminary Injunction. See Memorandum Opinion and Order for further details. Signed by Chief Judge Beryl A. Howell on June 15, 2022. (lcbah3)
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Filing 19
RESPONSE TO ORDER OF THE COURT re Order filed by DANIEL KNICK. (Attachments: #1 Exhibit Exb A Tracking information from United States Postal Service (USPS), #2 Exhibit Exb B E-mail thread with the Clerk's Intake Office, #3 Exhibit Exb C USPS Certified Mail Receipt)(Poblete, Jason) (Main Document 19 replaced on 6/16/2022) (rj). (Attachment 1 replaced on 6/16/2022) (rj). (Attachment 2 replaced on 6/16/2022) (rj). (Attachment 3 replaced on 6/16/2022) (rj). Modified on 6/16/2022 to flatten pdf (rj).
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NOTICE OF ERROR re #19 Response to Order of the Court; emailed to jpoblete@pobletetamargo.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as ins
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MINUTE ORDER (paperless) DIRECTING plaintiff to file forthwith, but no later than 5 PM on June 15, 2022, one of the following: (1) proof of service of the summons and complaint on defendants; (2) if service has not been completed, a notice describing plaintiffs plans to effect service and file proof of service in such time as to allow the Court to rule on plaintiffs pending motion for preliminary injunction prior to June 17, 2022, the date to which defendants agreed to postpone any disciplinary action; OR (3) in the alternative, an explanation of why plaintiff believes the Court has jurisdiction to rule on the motion for preliminary injunction in the desired timeframe despite the lack of effective service. "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). Signed by Chief Judge Beryl A. Howell on June 14, 2022. (lcbah3)
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Filing 18
REPLY to opposition to motion re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DANIEL KNICK. (Attachments: #1 Affidavit, #2 Exhibit)(Poblete, Jason) Modified docket relationship on 6/6/2022 (zeg).
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Filing 17
Memorandum in opposition to re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by LLOYD J. AUSTIN, III, FRANK KENDALL, III, RUDOLF WILHELM KUEHNE, JR, ROBERT I. MILLER. (Attachments: #1 Table of Defendants' Exhibits, #2 DX 1, #3 DX 2, #4 DX 3, #5 DX 4, #6 DX 5, #7 DX 6, #8 DX 7, #9 DX 8, #10 DX 9, #11 DX 10, #12 DX 11, #13 DX 12, #14 DX 13)(Yang, Catherine)
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Filing 16
SUMMONS (6) Issued Electronically as to LLOYD J. AUSTIN, III, FRANK KENDALL, III, RUDOLF WILHELM KUEHNE, JR, ROBERT I. MILLER, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zeg)
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Filing 15
RESPONSE TO ORDER OF THE COURT re Order,, Plaintiff is providing the Court the Plaintiff's statement of his position as to whether this case should be transferred pursuant to LCvR 40.5(c)(2) to the Calendar and Case Management Committee for potential reassignment to Judge Kollar-Kotelly due to the potential overlap in subject matter between the Plaintiff's case and to the cases identified in the Notice filed by the Defendants on May 16, 2022 [D.I. 13]; filed by DANIEL KNICK. (Poblete, Jason)
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Set/Reset Deadlines: Response to Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction due by 5/27/2022; reply due by 6/3/2022. (ztg)
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Set/Reset Deadlines: Plaintiff's response to Order of the Court due by 2:00 PM on 5/19/2022. (ztg)
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Filing 14
NOTICE of Appearance by Michael Patrick Clendenen on behalf of LLOYD J. AUSTIN, III, FRANK KENDALL, III, RUDOLF WILHELM KUEHNE, JR, ROBERT I. MILLER (Clendenen, Michael)
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Filing 13
NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 22cv981; 22cv688; 21cv2815. (Carmichael, Andrew)
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Filing 12
NOTICE of Appearance by Andrew Evan Carmichael on behalf of All Defendants (Carmichael, Andrew)
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Filing 11
NOTICE of Appearance by Catherine Yang on behalf of All Defendants (Yang, Catherine)
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Filing 10
Joint MOTION for Briefing Schedule filed pursuant to the Court's Order of May 16, 2022 by DANIEL KNICK. (Attachments: #1 Text of Proposed Order)(Poblete, Jason)
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Filing 9
ERRATA Correction to the Case Caption in the Memorandum of Law to correctly reflect Plaintiffs Name, and added page references i and 1 to the Memorandum of Law Cover Sheet and Introduction Pages by DANIEL KNICK re #8 MOTION for Temporary Restraining Order filed by DANIEL KNICK. (Poblete, Jason)
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Set/Reset Deadlines: Joint response to Order of the Court due by 3:00 PM on 5/16/2022. (ztg)
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MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' #10 Proposed Joint Briefing Schedule for Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, the following SCHEDULING ORDER for briefing on the Motion: (1) by May 27, 2022, defendants shall file their response to plaintiff's motion; and (2) by June 3, 2022, plaintiff shall file any reply in support of his motion. The Court will advise following completion of the briefing whether it anticipates holding a hearing on plaintiff's motion. Signed by Chief Judge Beryl A. Howell on May 16, 2022. (lcbah3)
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MINUTE ORDER (paperless) DIRECTING, upon consideration of the plaintiff's #8 Motion for Temporary Restraining Order and Preliminary Injunction, which was submitted after business hours on Friday, May 13, 2022 and for which the parties have purportedly already agreed as of May 12, 2022 on a proposed briefing schedule omitted from plaintiff's filing, see id. at 2, the parties jointly to submit, by 3 PM today, May 16, 2022, a proposed briefing schedule, and (2) an explanation as to why this motion, styled as including a request for the extraordinary remedy of a temporary restraining order should not proceed only as a motion for preliminary injunction. Signed by Chief Judge Beryl A. Howell on May 16, 2022. (lcbah3) Modified to correct typo on 5/16/2022 (ztg).
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MINUTE ORDER (paperless) DIRECTING plaintiff, in light of the #13 Notice of Related Cases filed by defendants, to file, by May 19, 2022 at 2:00 PM, a statement of his position as to whether this case should be transferred to the Calendar and Case Management Committee, pursuant to LCvR 40.5(c)(2), for potential reassignment to Judge Kollar-Kotelly, due to the overlap in subject matter between this case and to the cases identified in the Notice. Signed by Chief Judge Beryl A. Howell on May 16, 2022. (lcbah3)
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Filing 8
MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by DANIEL KNICK. (Attachments: #1 Memorandum in Support of the Plaintiff's Motion, #2 Exhibit Index of Exhibits, #3 Exhibit Exb A Plaintiff Request for Religious Accommodation (June 1, 2020), #4 Exhibit Exb B Plaintiff Request for Religious Accommodation (Aug. 31, 2021), #5 Exhibit Exb C USAF Cmdr. Interview transcript, #6 Exhibit Exb D Religious Accommodation Denial Memo, #7 Exhibit Exb E Plaintiffs Declaration (May 2, 2022), #8 Exhibit Exb F eMail to Plaintiff and Guidance Memo Denying Religious Exemption, #9 Exhibit Exb G Memo to Plaintiff from HQ AFFSA CC (Oct. 19, 2021))(Poblete, Jason). Added MOTION for Preliminary Injunction on 5/16/2022 (zeg).
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Filing 7
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on May 11, 2022. (lcbah3)
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Filing 6
SEALED DOCUMENT filed by AIR FORCE OFFICER re #3 Order on Sealed Motion, (This document is SEALED and only available to authorized persons.)(Poblete, Jason)
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Filing 5
COMPLAINT (filed pursuant to Order) against All Defendants (Fee Status:Filing Fee Waived) filed by DANIEL KNICK. (Attachments: #1 Civil Cover Sheet, #2 Motion to Proceed Under Pseudonym, #3 Memorandum in Support for the Motion to Proceed Under Pseudonym, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons)(Poblete, Jason) Modified on 5/11/2022 to correct filer (zsb).
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Payment for #4 Complaint. ($402; Receipt number ADCDC-9228116). (Poblete, Jason)
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Case Assigned to Chief Judge Beryl A. Howell. (zsb)
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Filing 4
SEE DOCKET ENTRY #5 FOR OPERATIVE COMPLAINT.....COMPLAINT against LLOYD J. AUSTIN, III, FRANK KENDALL, III, RUDOLF WILHELM KUEHNE, JR, ROBERT I. MILLER ( Filing fee $ 402, receipt number TBD) filed by AIR FORCE OFFICER. (Attachments: #1 Civil Cover Sheet, #2 Summons)(zeg) Modified on 5/11/2022 (zsb).
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Filing 3
ORDER denying #1 Sealed Motion; granting #2 Sealed Motion. Signed by Chief Judge Beryl A. Howell on 5/4/2022. (zeg)
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Filing 2
MOTION to Seal filed by AIR FORCE OFFICER. (zeg) Modified on 5/11/2022 to correct docket entry text (zsb).
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Filing 1
MOTION to Proceed Under Pseudonym filed by AIR FORCE OFFICER (Attachment: #1 Memorandum in Support)(zeg) Modified on 5/11/2022 to correct docket entry text (zsb).
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