WASHINGTON v. DISTRICT OF COLUMBIA
| EDWARD D. WASHINGTON |
| DISTRICT OF COLUMBIA |
| 1:2023cv00036 |
| January 5, 2023 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Constitutional - State Statute |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
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Filing 14
RESPONSE re #11 MOTION to Dismiss Plaintiff's Complaint filed by EDWARD D. WASHINGTON. (Attachment: #1 Exhibit)(zjm)
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Filing 13
MEMORANDUM OPINION re #12 Order. Signed by Judge Colleen Kollar-Kotelly on February 6, 2023. (lcckk1)
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Filing 12
ORDER denying #2 Motion for Temporary Restraining Order, sua sponte dismissing #1 Complaint for failure to state a claim, and denying as moot #10 Motion to Dismiss Plaintiff's Complaint. The Clerk of Court is respectfully directed to terminate all pending motions, close this case, and mail a copy of this Order and accompanying Memorandum Opinion to the pro se Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on February 6, 2023. (lcckk1)
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Filing 11
MOTION to Dismiss Plaintiff's Complaint by DISTRICT OF COLUMBIA. (Attachments: #1 Text of Proposed Order)(Tuetken, Adam)
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Filing 10
SUPPLEMENTAL REPLY to opposition to motion re #2 MOTION for Temporary Restraining Order filed by EDWARD D. WASHINGTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(zjm)
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Set/Reset Deadlines: Answer due by 2/3/2023. (dot)
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MINUTE ORDER: The Court is in receipt of Defendant's #9 Motion for Extension of Time to Respond to the Complaint. Defendant requests that the Court extend Defendant's deadline to respond to Plaintiff's short #1 Complaint beyond January 30, 2023, the current deadline, and tie Defendant's deadline to the issuance of the Court's order resolving the pending #2 Motion for Temporary Restraining Order. Plaintiff opposes the requested relief. As such, Plaintiff shall file his opposition on or before January 30, 2023. In the meantime, the Court extends Defendant's deadline to respond to Plaintiff's complaint to February 3, 2023 on its own authority. The Clerk of Court is respectfully directed to mail via overnight express a copy of this minute order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on January 26, 2023. (lcckk1)
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Filing 9
MOTION for Extension of Time to Respond to Complaint by DISTRICT OF COLUMBIA. (Attachments: #1 Text of Proposed Order)(Tuetken, Adam)
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Filing 8
SUPPLEMENTAL MEMORANDUM to re #2 MOTION for Temporary Restraining Order filed by DISTRICT OF COLUMBIA. (Attachments: #1 Exhibit C, #2 Text of Proposed Order)(Tuetken, Adam)
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Set/Reset Deadlines: Defendant shall file a supplemental opposition to Plaintiff's #2 Motion for Temporary Restraining Order on or before 1/23/2023. Plaintiff may file a supplemental reply on or before 1/30/2023. (dot)
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MINUTE ORDER: As Plaintiff has indicated to Chambers that the emergency relief requested is an order enjoining Defendant from further ticketing Plaintiff until the resolution of his pending administrative proceeding, the parties shall adhere to the following briefing schedule: Defendant shall file a supplemental opposition to Plaintiff's #2 Motion for Temporary Restraining Order on or before January 23, 2023, and Plaintiff may file a supplemental reply on or before January 30, 2023. In addition to any other issue the parties may raise in their briefing, they shall describe with particularity the challenged regulatory regime and its relationship to the purportedly preemptive federal law. Although the Court intends to expeditiously resolve the pending #2 Motion, the Court concludes, pursuant to LCvR 65.1(d), that a ruling later than 21 days after the #2 Motion's filing will not prejudice the parties. Signed by Judge Colleen Kollar-Kotelly on January 15, 2023. (lcckk1)
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Filing 7
REPLY to opposition to motion re #2 MOTION for Temporary Restraining Order filed by EDWARD D. WASHINGTON. (zjm)
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MINUTE ORDER: Upon review of the parties' initial submissions, the Court has determined that it requires full briefing as to Plaintiff's #2 Motion for Temporary Restraining Order. As an initial matter, the Court shall deny temporary relief in advance of full briefing on the #2 Motion because the only harm Plaintiff has identified is pecuniary and sua sponte convert Plaintiff's #2 motion into one for a preliminary injunction. See Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290, 297 (D.C. Cir. 2006) ("A movants failure to show any irreparable harm is therefore grounds for refusing to issue a preliminary injunction, even if the other three factors entering the calculus merit such relief.") However, because Plaintiff may attempt to identify irreparable harm in full briefing, and in light of his exceptionally short motion and pro se status, the Court shall permit full briefing on Plaintiff's #2 motion. In advance of ordering full briefing, Plaintiff must clarify the relief he requests. Plaintiff, in one sentence, asks the Court to "prohibit further infractions until my case is heard in court." Plaintiff shall, by 9:00 AM ET tomorrow, clarify whether he means "court" to refer to this Court or to refer to the pending administrative proceedings before the District of Columbia Office of Administrative Proceedings. Given the unusual nature of requests for preliminary relief and Plaintiff's demand for a temporary restraining order, the Court shall permit Plaintiff to file his response via email to Chambers, provided he subsequently files his response on the docket afterwards. Signed by Judge Colleen Kollar-Kotelly on January 13, 2023. (lcckk1)
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Filing 6
REPLY to opposition to motion re #2 MOTION for Temporary Restraining Order filed by EDWARD D. WASHINGTON. (zjm) Modified on 1/13/2023 to correct event (zjm).
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Filing 5
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 1/11/2023. (DM)
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Filing 4
RESPONSE re #2 MOTION for Temporary Restraining Order filed by DISTRICT OF COLUMBIA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tuetken, Adam)
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Filing 3
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 1/9/2023. Answer due for ALL D.C. DEFENDANTS by 1/30/2023. (zjm)
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MINUTE ORDER: The Court is in receipt of Plaintiff's #2 Motion for Temporary Restraining Order. Pursuant to Local Rule of Civil Procedure 56.1(a), before the Court may consider the #2 Motion, Plaintiff must file a certificate showing that he has provided "copies of all pleadings and papers filed in the action to date or to be presented to the Court" as to preliminary relief. On or before January 9, 2023, Plaintiff shall provide his #1 Complaint and #2 Motion to counsel for the District of Columbia and, upon providing such copies, filing a notice on the public docket attesting that he has provided these copies to the District of Columbia. As Plaintiff is pro se, the Court notes that the District of Columbia is represented by the Office of the Attorney General for the District of Columbia. The District of Columbia shall file a statement of position and short legal brief on the merits of Plaintiff's preemption argument (such as it is) only no later than 48 hours after receiving copies of the #1 Complaint and #2 Motion. Plaintiff may file a reply no later than 24 hours after the filing of Defendant's statement. If necessary, after review of the parties' submissions, the Court will set a schedule for further proceedings. Chambers shall provide a copy of this minute order to Plaintiff by email forthwith. Signed by Judge Colleen Kollar-Kotelly on January 6, 2023. (lcckk1)
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Filing 2
MOTION for Temporary Restraining Order by EDWARD D. WASHINGTON. (zjm)
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Filing 1
COMPLAINT against DISTRICT OF COLUMBIA ( Filing fee $ 402, receipt number 203756) filed by EDWARD D. WASHINGTON. (Attachment: #1 Civil Cover Sheet)(zjm)
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SUMMONS (2) Issued as to District of Columbia Attorney General, and the District of Columbia Mayor. (zjm)
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| Plaintiff: EDWARD D. WASHINGTON | |
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| Defendant: DISTRICT OF COLUMBIA | |
| Represented By: | Adam J. Tuetken |
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