JOHNSON v. DISTRICT OF COLUMBIA et al
| ASHTON JOHNSON |
| DISTRICT OF COLUMBIA, FRANKIE PIMENTAL, ANGELICA KRUPA, BRIAN LAFRANCHISE, ELIZABETH COUICK, EMMETT ORTS and ISAAC FERNANDO |
| 1:2023cv02257 |
| August 4, 2023 |
| US District Court for the District of Columbia |
| Amit P Mehta |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Case Remanded to Superior Court re Minute Order on Motion to Remand to State Court. (zjm) |
MINUTE ORDER granting in part and denying in part #3 Plaintiff's Motion for Remand for Lack of Subject Matter Jurisdiction and Award of Costs. Plaintiff's request for remand is granted insofar as he has represented that his complaint does not assert any federal claim. The motion for fees and costs is denied, as the complaint reasonably could be read to assert a federal claim. The complaint not only states that relief is sought under "District of Columbia and Federal common and statutory law," it also alleges a violation of Plaintiff's "constitutional and common law rights to be free from unlawful detention" and uses the phrase deliberate indifference multiple times, thereby suggesting a claim under Section 1983. Compl., ECF No. 1-2, at 2 and paras. 33, 67, 83. Because of the ambiguity in Plaintiff's pleading, sanctions are not warranted. The clerk of court shall remand this matter to the D.C. Superior Court. Signed by Judge Amit P. Mehta on 08/25/2023. (lcapm1)
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| Filing 7 RESPONSE re #3 MOTION to Remand to State Court filed by DISTRICT OF COLUMBIA. (Attachments: #1 Text of Proposed Order)(DeBerardinis, Robert) |
| Filing 6 Receipt on 8/21/2023 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 2023-CAB-003267. (mg) |
| Set/Reset Deadlines: Answer due by 9/11/2023, (zjch, ) |
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MINUTE ORDER granting #5 Motion for Extension of Time to File. Defendants District of Columbia, Frankie Pimental, Angelica Krupa, Brian Lafranchise, Elizabeth Couick, and Isaac Fernando shall answer or otherwise respond to Plaintiff's Complaint on or before September 11, 2023. Signed by Judge Amit P. Mehta on 08/14/2023. (lcapm1)
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| Filing 5 Consent MOTION for Extension of Time to File Response/Reply to Complaint by ELIZABETH COUICK, DISTRICT OF COLUMBIA, ISAAC FERNANDO, ANGELICA KRUPA, BRIAN LAFRANCHISE, FRANKIE PIMENTAL. (Martini, Ryan) |
| Filing 4 CERTIFICATE OF SERVICE by ASHTON JOHNSON . (Maxwell, Robert) |
| Filing 3 MOTION to Remand to State Court by ASHTON JOHNSON. (Maxwell, Robert) |
| Filing 2 NOTICE to Counsel/Party re #1 Notice of Removal, (Attachments: #1 Notice and Consent)(zljn) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the District of Columbia, case number 2023-CAB-003267 (Fee Status:Filing Fee Waived) filed by DISTRICT OF COLUMBIA. (Attachments: #1 Civil Cover Sheet, #2 Superior Court Documents)(Martini, Ryan) (Attachment 1 replaced on 8/4/2023) (zljn). |
| Case Assigned to Judge Amit P. Mehta. (zljn) |
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