BRANDENBURG, SR. v. U.S. DEPARTMENT OF STATE
| LEOPOLD R. BRANDENBURG, SR. |
| U.S. DEPARTMENT OF STATE |
| 1:2022cv02120 |
| July 15, 2022 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 11, 2023. A more recent docket listing may be available from PACER.
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Set/Reset Deadlines: Defendant's motion to dismiss due by 9/28/2022; plaintiff's opposition due by 10/12/2022; defendant's reply due by 10/19/2022. (ztg)
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MINUTE ORDER (paperless) GRANTING, over plaintiff's objection, defendant's #43 Motion to Vacate August 12, 2022 Minute Order; VACATING the August 12, 2022 Minute Order; and further DIRECTING defendant to file any motion to dismiss by September 28, 2022, plaintiff to file any opposition by October 12, 2022, and defendant to file any reply in support of its motion to dismiss by October 19, 2022. Signed by Chief Judge Beryl A. Howell on August 15, 2022. (lcbah1)
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Filing 45
RESPONSE TO ORDER OF THE COURT re Order filed by LEOPOLD R. BRANDENBURG, SR. (zed)
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Filing 44
RESPONSE TO ORDER TO SHOW CAUSE re Order on Motion to Reopen Case, Order on Motion to Appoint Counsel, Order on Motion for Miscellaneous Relief, filed by LEOPOLD R. BRANDENBURG, SR. (zed)
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Filing 43
MOTION to Vacate August 12, 2022, Minute Order and Request for a Briefing Schedule by U.S. DEPARTMENT OF STATE. (Moustakas, John). Added MOTION for Briefing Schedule on 8/17/2022 (znmw).
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MINUTE ORDER (paperless) DENYING plaintiff's #39 Motion to Reopen Case, which seeks to have this Court reopen Civil Action No. 22-cv-60216-AHS filed in, and dismissed by, the District Court for the Southern District of Florida, when this Court has no jurisdiction to do so; further DENYING plaintiff's #40 Motion to Appoint Counsel, since the Court may refer a pro se litigant for representation by an attorney on the Civil Pro Bono Panel only when leave has been granted, pursuant to 28 U.S.C. 1915, for the pro se litigant to proceed in forma pauperis, see D.D.C. LCvR 83.11(b)(3), and this condition has not been met here since plaintiff has not been granted leave to proceed in forma pauperis; further DENYING plaintiff's #41 Motion for Suspension of Overpayment Collection, which essentially seeks an order enjoining defendant from collecting repayments on the alleged salary overpayment that is at issue in this litigation and plaintiff's motion is completely devoid of any factual support or argument demonstrating entitlement to the requested relief; and DIRECTING, upon consideration of plaintiff's #38 Response to Order of the Court, the parties to file, by August 19, 2022, a Joint Meet and Confer Report that complies with each requirement detailed in paragraph 3 of this Court's #33 Standing Order, since plaintiff's response is deficient in several ways, including, but not limited to, (1) failing to indicate whether the parties have met and conferred; (2) failing to provide defendant's position on the listed issues; and (3) failing to provide a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on August 12, 2022. (lcbah1)
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Filing 42
REQUEST for Production of Documents by LEOPOLD R. BRANDENBURG, SR. "LEAVE TO FILE GRANTED" Signed by Chief Judge Beryl A. Howell on 8/11/2022. (zed) Modified docket event/text on 8/12/2022 (zed).
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Filing 41
MOTION for Suspension of Overpayment Collection by LEOPOLD R. BRANDENBURG, SR. "LEAVE TO FILE GRANTED" Signed by Chief Judge Beryl A. Howell on 8/11/2022. (zed)
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Filing 40
MOTION to Appoint Counsel by LEOPOLD R. BRANDENBURG, SR. "LEAVE TO FILE GRANTED" Signed by Chief Judge Beryl A. Howell on 8/11/2022. (zed)
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Filing 39
MOTION to Reopen Case by LEOPOLD R. BRANDENBURG, SR. "LEAVE TO FILE GRANTED" Signed by Chief Judge Beryl A. Howell on 8/11/2022. (Attachment: #1 Complaint)(zed)
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Filing 38
RESPONSE TO ORDER OF THE COURT re Order filed by LEOPOLD R. BRANDENBURG, SR. (zed)
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Filing 37
NOTICE by LEOPOLD R. BRANDENBURG, SR (zed)
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Set/Reset Deadlines: Joint Meet & Confer Statement due by 8/12/2022. (ztg)
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MINUTE ORDER (paperless) GRANTING, upon consideration of plaintiff's representations and compliance with D.D.C. LCvR 5.4(b)(2), plaintiff's #36 Motion for CM/ECF Password. Signed by Chief Judge Beryl A. Howell on August 3, 2022. (lcbah1)
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MINUTE ORDER (paperless) DIRECTING the parties to file, by August 12, 2022, a Joint Meet and Confer Report as detailed in paragraph 3 of this Court's #33 Standing Order. Signed by Chief Judge Beryl A. Howell on August 3, 2022. (lcbah1)
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Filing 36
MOTION for CM/ECF Password by LEOPOLD R. BRANDENBURG, SR. (zed)
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Filing 35
NOTICE of Appearance by John Moustakas on behalf of U.S. DEPARTMENT OF STATE (Attachments: #1 Certificate of Service)(Moustakas, John)
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Filing 34
NEW Pro Se Consent To Receive Notices of Electronic Filing by LEOPOLD R. BRANDENBURG, SR (zed)
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MINUTE ORDER (paperless) DIRECTING, upon consideration of plaintiff's #34 New Pro Se Consent to Receive Notices of Electronic Filing, plaintiff to file a motion that complies with Local Civil Rule 5.4(b)(2), which governs motions of pro se parties to file electronically and consent to electronic service. If plaintiff wishes to file electronically and consent to electronic service, he "must file a written motion entitled 'Motion for CM/ECF User Name and Password,' describing the party's access to the internet, confirming the capacity to file documents and receive filings electronically on a regular basis, and certifying that he... either has successfully completed the entire Clerk's Office on-line tutorial or has been permitted to file electronically in other federal courts." LCvR 5.4(b)(2). Signed by Chief Judge Beryl A. Howell on July 28, 2022. (lcbah1)
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Filing 33
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on July 21, 2022. (lcbah1)
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MINUTE ORDER (paperless) DENYING, without prejudice, plaintiff's #32 Motion for CM/ECF Password for failure to comply with Local Civil Rule 5.4(b)(2), which governs motions of pro se parties to file electronically. Signed by Chief Judge Beryl A. Howell on July 21, 2022. (lcbah1)
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Filing 31
Case transferred in from District of Florida Southern; Case Number 0:22-cv-60030. Original file ,transfer order and docket sheet received.
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Filing 32
MOTION for CM/ECF Password by LEOPOLD R. BRANDENBURG, SR. (Attachment: #1 Exhibit)(zed)
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Filing 30
ORDER granting in part and denying in part #24 Motion to Dismiss; granting in part and denying in part #24 Motion to Change Venue. Closing Case. Motions Terminated: 26 MOTION for settlement re #25 Response in Opposition to Motion filed by Leopold R. Brandenburg, Sr., #24 MOTION to Dismiss with Prejudice #1 Complaint or Alternatively MOTION to Change Venue filed by U.S. Department of State. Signed by Judge Raag Singhal on 7/15/2022. See attached document for full details. (pc) [Transferred from Florida Southern on 7/20/2022.]
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Filing 29
Second RESPONSE in Opposition re #24 MOTION to Dismiss with Prejudice #1 Complaint or Alternatively MOTION to Change Venue filed by Leopold R. Brandenburg, Sr. Replies due by 7/20/2022. (ls) [Transferred from Florida Southern on 7/20/2022.]
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Filing 28
Clerk's Notice to Filer re #27 Reply to Response to Motion. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) [Transferred from Florida Southern on 7/20/2022.]
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Filing 27
REPLY to Response to Motion re #24 MOTION to Dismiss with Prejudice #1 Complaint or Alternatively, MOTION to Change Venue filed by U.S. Department of State. (Plechac-Diaz, Felipe) Modified document link from 26 to #24 on 7/5/2022 (ls). [Transferred from Florida Southern on 7/20/2022.]
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Filing 26
MOTION for settlement per DE #25 . (pc) [Transferred from Florida Southern on 7/20/2022.]
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Filing 25
RESPONSE in Opposition re #24 MOTION to Dismiss with Prejudice #1 Complaint or Alternatively MOTION to Change Venue filed by Leopold R. Brandenburg, Sr. Replies due by 7/5/2022. (pc) [Transferred from Florida Southern on 7/20/2022.]
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Filing 24
MOTION to Dismiss with Prejudice #1 Complaint or Alternatively, MOTION to Change Venue by U.S. Department of State. Attorney Felipe Plechac-Diaz added to party U.S. Department of State(pty:dft). Responses due by 6/27/2022 (Attachments: #1 Exhibit Declarations)(Plechac-Diaz, Felipe) [Transferred from Florida Southern on 7/20/2022.]
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Filing 23
ACKNOWLEDGMENT OF SERVICE filed by Leopold R. Brandenburg, Sr. (Attachments: #1 Exhibit)(pc) [Transferred from Florida Southern on 7/20/2022.]
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Filing 22
PAPERLESS ORDER re #15 Summons Returned Executed as to USA filed by Leopold R. Brandenburg, Sr. Plaintiff's attempted service is defective because it does not comply with Federal Rule of Civil Procedure 4(i). Plaintiff is directed to effect service of process, pursuant to Rule 4(i), within thirty (30) days of this Order. Failure to do so will result in dismissal without prejudice. Signed by Judge Raag Singhal on 4/7/2022. (pls) [Transferred from Florida Southern on 7/20/2022.]
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Filing 21
List of Exhibits by Leopold R. Brandenburg, Sr.. (Attachments: #1 Exhibits)(ls) [Transferred from Florida Southern on 7/20/2022.]
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Filing 20
NOTICE of Filing Record of Correspondence and Services with the Defendant Second Submission to Comply with Court Instructions by Leopold R. Brandenburg, Sr. (ls) [Transferred from Florida Southern on 7/20/2022.]
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Filing 19
NOTICE of Filing Record of Correspondence and Services with the Defendant by Leopold R. Brandenburg, Sr. (Attachments: #1 Exhibit) (amb) [Transferred from Florida Southern on 7/20/2022.]
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Filing 18
NOTICE of Filing Notification of Travel Status by Leopold R. Brandenburg, Sr. (amb) [Transferred from Florida Southern on 7/20/2022.]
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Filing 16
ACKNOWLEDGMENT OF SERVICE as to #1 Complaint filed by Leopold R. Brandenburg, Sr. (ls) [Transferred from Florida Southern on 7/20/2022.]
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Filing 17
Summons Issued as to Anthony Blinken, Secretary of State, U.S. Department of State(jc) [Transferred from Florida Southern on 7/20/2022.]
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Filing 15
SUMMONS (Affidavit) Returned Executed by Leopold R. Brandenburg, Sr. U.S. Department of State served on 1/20/2022, response/answer due 3/21/2022. (ls) [Transferred from Florida Southern on 7/20/2022.]
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Filing 14
OMNIBUS ORDER Plaintiff's Motion to Request Temporary Suspension of Overpayment Collection (DE #3 , #11 ) is DENIED WITHOUT PREJUDICE. Plaintiff's Motion for Referral to Volunteer Attorney Program (DE #4 , #10 ) is GRANTED. This matter is referred to the Court's Volunteer Attorney Program, where a volunteer attorney may accept the representation on a pro bono basis if so desired. Signed by Judge Raag Singhal on 1/14/2022. See attached document for full details. (jbs) Modified text on 1/14/2022 (jbs). [Transferred from Florida Southern on 7/20/2022.]
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Filing 13
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT Signed by Judge Raag Singhal on 1/14/2022. See attached document for full details. (jbs) [Transferred from Florida Southern on 7/20/2022.]
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Filing 12
Certificate of Interested Persons - NONE disclosed by Leopold R. Brandenburg, Sr (drz) [Transferred from Florida Southern on 7/20/2022.]
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Filing 11
MOTION TO REQUEST TEMPORARY SUSPENSION OF OVERPAYMENT COLLECTION by Leopold R. Brandenburg, Sr. (drz) [Transferred from Florida Southern on 7/20/2022.]
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Filing 10
MOTION for Referral to Volunteer Attorney Program by Leopold R. Brandenburg, Sr. (drz) [Transferred from Florida Southern on 7/20/2022.]
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Filing 9
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 1/6/2022. (jhy) [Transferred from Florida Southern on 7/20/2022.]
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Filing 8
NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 1/6/2022. (jhy) [Transferred from Florida Southern on 7/20/2022.]
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Filing 7
Clerks Notice of Receipt of Filing Fee received on 1/5/2022 in the amount of $ 402.00, receipt number FLS100243001. (vt) [Transferred from Florida Southern on 7/20/2022.]
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Filing 6
Clerks Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $402.00 within 24 hours of this notice. (jbs) [Transferred from Florida Southern on 7/20/2022.]
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Filing 5
Consent by Pro Se Litigant (Non-Prisoner) Leopold R. Brandenburg, Sr to receive Notices of Electronic Filing at email address: Leopoldb@aol.com (jbs) [Transferred from Florida Southern on 7/20/2022.]
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Filing 4
MOTION for Referral to Volunteer Attorney Program by Leopold R. Brandenburg, Sr. (jbs) [Transferred from Florida Southern on 7/20/2022.]
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Filing 3
MOTION TO REQUEST TEMPORARY SUSPENSION OF OVERPAYMENT COLLECTION by Leopold R. Brandenburg, Sr. (jbs) [Transferred from Florida Southern on 7/20/2022.]
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Filing 2
Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) [Transferred from Florida Southern on 7/20/2022.]
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Filing 1
COMPLAINT against U.S. Department of State. Filing fees $ 402.00, filed by Leopold R. Brandenburg, Sr. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(jbs) Modified text on 1/6/2022 (jbs). [Transferred from Florida Southern on 7/20/2022.]
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| Plaintiff: LEOPOLD R. BRANDENBURG, SR. | |
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| Defendant: U.S. DEPARTMENT OF STATE | |
| Represented By: | John Moustakas |
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