NGUESSAN v. DETROIT PASSPORT AGENCY
| ESSAN C NGUESSAN and ESSAN CHARLES NGUESSAN |
| DETROIT PASSPORT AGENCY |
| 1:2023cv00805 |
| March 24, 2023 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Other Fraud |
| 28 U.S.C. ยง 1442 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 6 NEW Pro Se Consent To Receive Notices of Electronic Filing by ESSAN CHARLES NGUESSAN. (ztth) |
Filing 5
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 5/3/2023. (lctjk1)
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MINUTE ORDER: When Defendant removed this matter from D.C. Superior Court, it represented that it had not yet been served under Federal Rule of Civil Procedure 4(i). Plaintiff, who is pro se and apparently proceeded in forma pauperis in D.C. Superior Court, has since provided what purports to be proof of service on Defendant, see ECF No. 4, and summons have issued as to the U.S. Attorney and the U.S. Attorney General. Moreover, even before proof of service was filed, Defendant had requested a briefing schedule for an anticipated motion to dismiss the complaint. ECF No. 3. In light of all the above, it is hereby ORDERED that Defendant shall file any motion to dismiss by May 25, 2023, Plaintiff shall file any opposition by June 22, 2023, and Defendant shall file any reply by June 29, 2023. Signed by Judge Timothy J. Kelly on 5/3/2023. (lctjk1)
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| SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General. (ztth) |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ESSAN CHARLES NGUESSAN served on 2/16/2023, answer due 3/9/2023. (ztth) |
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MINUTE ORDER: Before the Court is Defendant's #3 Status Report, which the Court construes as a motion to order a briefing schedule. Plaintiff filed his complaint in D.C. Superior Court on February 15, 2023, and Defendant removed the matter to this Court on March 24, 2023. Defendant now asks the Court to order a briefing schedule for a motion to dismiss the complaint. In general, it is not this Court's practice to preemptively order briefing schedules on motions to dismiss, which are governed by Fed. R. Civ. P. 12 and LCvR 7(b). But in any event, Defendant's request is premature because, according to Defendant, Plaintiff has not yet effectuated service. Of course, if Defendant prefers to file a motion to dismiss before any potential service-related defenses ripen, it is free to do so at any point allowed by the federal rules. But for now, Defendant's motion for the Court to order a briefing schedule is DENIED WITHOUT PREJUDICE. Signed by Judge Timothy J. Kelly on 4/3/2023. (lctjk1)
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| Filing 3 STATUS REPORT by DETROIT PASSPORT AGENCY. (Berhane, Fithawi) |
| Filing 2 NOTICE to Counsel/Party re #1 Notice of Removal (Attachments: #1 Notice and Consent)(zrtw) |
| Case Assigned to Judge Timothy J. Kelly. (zrtw) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of DC, case number 2023 CA 000855 B (Fee Status:Filing Fee Waived) filed by DETROIT PASSPORT AGENCY. (Attachments: #1 Superior Court Documents Complaint, #2 Civil Cover Sheet)(Berhane, Fithawi) |
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