SAUNDERS v. SAUNDERS et al
DEBORAH A. SAUNDERS |
MALACHIAH SAUNDERS and PENSION BENEFIT GUARANTY CORPORATION |
1:2023cv02154 |
July 24, 2023 |
US District Court for the District of Columbia |
Dabney L Friedrich |
Labor: E.R.I.S.A. |
29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
None |
Docket Report
This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
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MINUTE ORDER granting the plaintiff's #54 Motion for CM/ECF Username and Password. The Clerk of Court shall provide the plaintiff with instructions for accessing the Court's electronic filing system. So Ordered by Judge Dabney L. Friedrich on September 20, 2023. (lcdlf2) |
Set/Reset Deadlines: Responses due by 9/18/2023 (zjch, ) |
MINUTE ORDER. On May 5, 2023, the defendant filed its #49 Motion to Dismiss. On July 28, 2023, the Court advised the plaintiff that failure to respond to the defendant's #49 motion on or before August 11, 2023 may result in the Court (1) treating the motion as conceded, (2) ruling on the defendant's motion based on the defendant's arguments alone; or (3) dismissing the plaintiff's claims for failure to prosecute. As of today, the plaintiff has not filed a response. The plaintiff is ORDERED to respond to the defendant's #49 motion on or before September 18, 2023, or the Court will dismiss her claims for failure to prosecute. The Clerk of Court is directed to mail a copy of this Minute Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on August 28, 2023. (lcdlf2) |
Filing 54 MOTION for CM/ECF Password by DEBORAH A. SAUNDERS. (zed) |
Filing 53 Memorandum in opposition to re #49 Motion to Dismiss, filed by DEBORAH A. SAUNDERS. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit).(zed) |
Filing 52 STANDARD ORDER for civil cases. See text for details. Signed by Judge Dabney L. Friedrich on July 28, 2023. (lcdlf2) |
Filing 51 Case transferred in from District of Georgia Northern; Case Number 1:21-cv-01594. Original file ,transfer order and docket sheet received. |
MINUTE ORDER Pursuant to Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988), the plaintiff is advised that failure to respond to the defendant's pending #49 Motion to Dismiss by August 11, 2023, may result in the Court (1) treating the motion as conceded, (2) ruling on the defendant's motion based on the defendant's arguments alone; or (3) dismissing the plaintiff's claims for failure to prosecute. The Clerk of Court is directed to mail a copy of this Minute Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on July 28, 2023. (lcdlf2) |
Filing 50 ORDER GRANTING IN PART #49 Renewed MOTION to Dismiss and Motion to Strike to the extent it seeks a transfer of this case to the District Court for the District ofColumbia. The Clerk is directed to close the case. Plaintiff is advised to send any future filings orresponses to the following address: Clerk, U.S. District Court District of Columbia 333 Constitution Avenue N.W. Washington D.C. 20001 Plaintiff should copy counsel for the PBGC on any future filings or responses. Signed by Judge Victoria M. Calvert on 7/24/2023. (dnb) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #50 Order. (dnb) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #49 MOTION to Dismiss Defendant Pension Benefit Guaranty Corporations Renewed Motion to Dismiss and Motion to Strike, to District Judge Victoria M. Calvert. (vs) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 49 MOTION to Dismiss Defendant Pension Benefit Guaranty Corporations Renewed Motion to Dismiss and Motion to Strike by Pension Benefit Guaranty Corporation. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants Renewed Motion to Dismiss and Motion to Strike, #2 Proposed Order)(Hagan, Nicole) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 48 Plaintiff RESPONSE re #47 PBCG Status Report filed by Deborah A. Saunders. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 47 STATUS REPORT Defendant Pension Benefit Guaranty Corporations Status Report by Pension Benefit Guaranty Corporation. (Hagan, Nicole) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 46 ORDER to Defendant: The Court DIRECTS the Defendant to file a status report by April 21, 2023, indicating whether it has been served, and if so, whether it intends to renew its motion to dismiss or transfer in full or in part. Moreover, the status report should indicate whether it has attempted to reach out to Plaintiff in an effort to resolve this dispute. Signed by Judge Victoria M. Calvert on April 7, 2023. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #46 Order. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 45 Letter from Plaintiff Deborah Saunders: Submittal of original documents. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 44 Package prepared (USM 285, summons issued, complaint, and amended petition) and forwarded to USM for service upon United States Attorney General, US Department of Justice. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 43 Summons Issued as to Attorney General of the United States, US Department of Justice. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 42 Package prepared (USM 285, summons issued, complaint, amended petition) and forwarded to USM for service upon Attorney General, Northern District of Georgia. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 41 Summons Issued as to Attorney General, Northern District of Georgia, ATTN: Civil Process Clerk. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #40 Order on Motion to Dismiss, Order on Motion to Strike, Order on Motion for Leave to File, Order on Motion for Summary Judgment, USM forms and Summons. (tas) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 40 ORDER GRANTING #23 Motion to Dismiss; STAYING #26 Motion to Dismiss; STAYING #26 Motion to Strike; GRANTING #28 Motion for Leave to File construed as a request to file a supplemental brief; DENYING #32 Motion to Strike #26 MOTION to Dismiss; DENYING WITHOUT PREJUDICE #37 Motion for Summary Judgment. The Clerk is DIRECTED to send Plaintiff two copies of the USM 285 form and the summons form. Plaintiff is DIRECTED to complete both copies of the USM 285 form and the summons within thirty-five days of the date of entry of this Order. Plaintiff is WARNED that failure to comply in a timely manner will result in the Court granting PBGC's Motion to Dismiss. The Clerk is DIRECTED to resubmit this action to the undersigned if Plaintiff fails to comply with the above instruction within the thirty-five-day time period. Upon the Clerk's receipt of Plaintiff's completed forms USM 285 and summons, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshals Service, two service packages for the United States, one for each address to be served. The service packages must each include the respective USM 285 form, the summons, a copy of Plaintiff's first amended complaint (Dkt. 5), and a copy of this Order. Upon receipt of the service packages, the U.S. Marshals Service is DIRECTED to serve the United States at the respected addresses by registered or certified mail. The Clerk is DIRECTED to resubmit this matter to the undersigned on 4/3/2023. Signed by Judge Victoria M. Calvert on 1/31/2023. (tas) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 39 Notice Of Filing Declaration for Court Order by Deborah A. Saunders (ane) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 38 NOTICE Of Rule 56(f) No Opposition to Plaintiff's Summary Judgment and Declaration by Deborah A. Saunders (ane) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #37 MOTION for Summary Judgment, to District Judge Victoria M. Calvert. (vs) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 37 MOTION for Summary Judgment with Memorandum In Support by Deborah A. Saunders. (lwb) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- [Transferred from Georgia Northern on 7/28/2023.] |
Filing 36 STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE VICTORIA M. CALVERT. Signed by Judge Victoria M Calvert on 4/20/2022. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #36 Standing Order. (lwb) [Transferred from Georgia Northern on 7/28/2023.] |
Case Reassigned to Judge Victoria M Calvert. Judge Michael L. Brown no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-1594-VMC. Please make note of this change in order to facilitate the docketing of pleadings in this case. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re Case Assigned/Reassigned. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #23 MOTION to Dismiss, #26 MOTION to Dismiss, MOTION to Strike, #32 MOTION to Strike #26 MOTION to Dismiss, MOTION to Strike, #28 MOTION for Leave to File Supplemental pleading, to District Judge Victoria M Calvert. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 35 NOTICE Of Filing Judicial Notice of Errors and Omissions by Deborah A. Saunders (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #28 MOTION for Leave to File Supplemental pleading and #32 MOTION to Strike to District Judge Michael L. Brown. (jpk) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #26 MOTION to Dismiss, MOTION to Strike, to District Judge Michael L. Brown. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 34 REPLY BRIEF re #26 MOTION to Dismiss MOTION to Strike filed by Pension Benefit Guaranty Corporation. (Hagan, Nicole) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 33 ORDER DENYING #27 Motion to Dismiss. Signed by Judge Michael L. Brown on 3/16/22. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #33 Order on Motion to Dismiss. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 32 MOTION to Strike PBGC's #26 MOTION to Dismiss and MOTION to Strike by Deborah A. Saunders. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 31 USM285 forms and summonses received. (Attachments: #1 Summons2, #2 Receipt, #3 Receipt2)(jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 30 RESPONSE in Opposition to #26 MOTION to Dismiss, MOTION to Strike filed by Deborah A. Saunders. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 29 NOTICE to Summons Involuntary Plaintiffs by Deborah A. Saunders (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 28 MOTION for Leave to File Supplemental pleadingby Deborah A. Saunders. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 27 MOTION to Dismiss miscellaneous case by Deborah A. Saunders. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Notification of Docket Correction re #26 MOTION to Dismiss ; MOTION to Strike. Pleading filed as single part motion; should be multi part motion. Clerk made necessary changes. (dob) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 26 MOTION to Dismiss ; Motion to Strike by Pension Benefit Guaranty Corporation. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss and Motion to Strike and Certificate of Service, #2 Proposed Order)(Hagan, Nicole) . Added MOTION to Strike on 3/2/2022 (dob). [Transferred from Georgia Northern on 7/28/2023.] |
Filing 25 RESPONSE in Opposition re #23 MOTION to Dismiss filed by Deborah A. Saunders. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #23 MOTION to Dismiss to District Judge Michael L. Brown. (jpk) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 24 NOTICE of Appearance by Nicole Hagan on behalf of Pension Benefit Guaranty Corporation (Hagan, Nicole) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 23 MOTION to Dismiss with Brief In Support by Malachiah Saunders. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Solomiany, Marvin) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 22 NOTICE of Appearance by Marvin L. Solomiany on behalf of Malachiah Saunders (Solomiany, Marvin) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 21 Return of Service Executed by Deborah A. Saunders. Pension Benefit Guaranty Corporation served on 1/6/2022, answer due 1/27/2022. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 20 Return of Service Executed by Deborah A. Saunders. Malachiah Saunders served on 1/10/2022, answer due 1/31/2022. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 19 Package prepared and forwarded to USM for service upon Malachiah Saunders. (tmf) Modified on 12/28/2021 emailed to ATL division for placement in USMS box(tmf). [Transferred from Georgia Northern on 7/28/2023.] |
Filing 18 Package prepared and forwarded to USM for service upon Pension Benefit Guaranty Corporation. (tmf) Modified on 12/28/2021 emailed to ATL division for placement in USMS box(tmf). [Transferred from Georgia Northern on 7/28/2023.] |
Filing 17 Electronic Summons Issued as to Pension Benefit Guaranty Corporation, Malachiah Saunders. (Attachments: #1 Pension)(tmf) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 16 REQUEST FOR WAIVER of Service mailed to Pension Benefit Guaranty Corporation on 11/18/2021. If waiver not returned by 12/28/2021, prepare personal service package. (tmf) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 15 REQUEST FOR WAIVER of Service mailed to Malachiah Saunders on 11/18/2021. If waiver not returned by 12/28/2021, prepare personal service package. (tmf) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 13 Initial Disclosures by Deborah A. Saunders. (Attachments: #1 Duplicate)(jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Pension Benefit Guaranty Corporation, Malachiah Saunders re #11 Order, #15 Request for Waiver of Service, #16 Request for Waiver of Service, #13 Initial Disclosures, #5 Amended Complaint,. (tmf) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 14 USM 285 forms and summons received. (Attachments: #1 285 and summons for Pension Benefit Guaranty)(jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 12 ORDER DENYING the #10 Motion for Order of Default. Signed by Judge Michael L. Brown on 11/3/21. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 11 ORDER DENYING Plaintiff's #7 Motion to Amend, #8 Motion for Order, and #9 Motion for Hearing. The Court also DENIES Plaintiff's #5 request for TRO. Plaintiff's civil action is NOT FRIVOLOUS. Plaintiff is DIRECTED to complete both copies of the USM 285 form, summons, and the initial disclosures form, and to return them to the Clerk of Court within thirty (30) days. Upon the Clerk's receipt of Plaintiff's completed USM 285 forms, summons, and initial disclosures form, the Clerk is DIRECTED to prepare a service waiver package for Defendants. In the event Defendants do not return the Waiver of Service form to the Clerk of Court within thirty-five (35) days following the date the service waiver package was mailed, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshals Service, a service package for Defendants. Upon receipt of the service package, the U.S. Marshals Service is DIRECTED to personally serve Defendants. Signed by Judge Michael L. Brown on 11/3/21. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #11 Order, 2 Summons, 2 USM285 forms, and Initial disclosures form. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #12 Order on Motion for Order. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #10 MOTION for Order, to District Judge Michael L. Brown. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #9 MOTION for Hearing, to District Judge Michael L. Brown. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 10 MOTION for Order of Default by Deborah A. Saunders. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #8 MOTION for Order, to District Judge Michael L. Brown. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #7 MOTION to Amend #5 Amended Complaint, to District Judge Michael L. Brown. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 9 MOTION for Hearing by Deborah A. Saunders. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 8 MOTION for Entry of Stipulation and Order by Deborah A. Saunders. (jpa) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 7 MOTION to Amend #5 Amended Complaint, by Deborah A. Saunders. (dob) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #6 Standing Order. (bgt) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 6 STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 8/26/2021. (dgs) (ADI) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 5 AMENDED Petition for Declaratory Judgment and Injunctive Relief under A Qualified Domestic Relations Order against Pension Benefit Guarantry Corporation, Malachiah Saunders filed by Deborah A. Saunders.(jpa) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 7/28/2023.] |
Filing 4 COMPLAINT filed by Deborah A. Saunders. (Attachments: #1 Civil Cover Sheet)(dob) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 7/28/2023.] |
Filing 3 ORDER granting #1 Application for Leave to Proceed in forma pauperis. It is further ORDERED that service of process shall not issue at the present time, and the Clerk shall submit this file to the assigned District Judge for consideration of the request for a temporary restraining order, as well as for a frivolity determination under 28 U.S.C. 1915(e)(2). Signed by Magistrate Judge Russell G. Vineyard on 4/21/2021. (dob) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 2 ELEVENTH AMENDMENT TO GENERAL ORDER 2001 RE: COURT OPERATIONS UNDER THE EXIGENTCIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/9/2021. (dob) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #1 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge Russell G. Vineyard. (dob) [Transferred from Georgia Northern on 7/28/2023.] |
Submission of #4 Complaint, to District Judge Michael L. Brown. (dob) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #3 Order on Application for Leave to Proceed in forma pauperis. (dob) [Transferred from Georgia Northern on 7/28/2023.] |
Clerk's Certificate of Mailing as to Deborah A. Saunders re #2 Order. (dob) [Transferred from Georgia Northern on 7/28/2023.] |
Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Deborah A. Saunders. (Attachments: #1 Complaint with INJ/TRO Included, #2 Civil Cover Sheet)(dob) Modified on 4/21/2021 (dob). [Transferred from Georgia Northern on 7/28/2023.] |
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