GARNER v. UNITED STATES OF AMERICA
| THERESA GARNER |
| UNITED STATES OF AMERICA |
| 1:2024cv02381 |
| August 19, 2024 |
| U.S. District Court for the District of Columbia |
| Jia M Cobb |
| Other Statutory Actions |
| 28 U.S.C. § 1346 Tort Claim |
| None |
Docket Report
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This docket was last retrieved on October 11, 2024. A more recent docket listing may be available from PACER.
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| NOTICE OF ERROR regarding #41 Notice of Filing an Appeal with the Supreme Court. The following error(s) need correction: Incorrect event, Please use the Appeal Document and Notice of Appeal to DC Circuit event. Pay filing fee $605. Please refile. (zdp) |
| Filing 41 ENTERED IN ERROR.....NOTICE of Filing an Appeal with the Supreme Court by THERESA GARNER (GARNER, THERESA) Modified on 10/11/2024 (zdp). |
Filing 40
ORDER denying #25 , #29 , #32 , #38 Motions for Default Judgment: See document for details. Signed by Judge Jia M. Cobb on October 1, 2024. (lcjmc1)
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MINUTE ORDER: Plaintiff has repeatedly filed the same motions on the docket. The Court granted Defendant's motion for extension of time to respond to Plaintiff's Complaint, and there is nothing additional Plaintiff needs to file until Defendant files its response. Accordingly, Plaintiff is ORDERED not to file anything additional on the docket until Defendant files its response to Plaintiff's Complaint unless she first seeks permission from the Court to do so. Any such request for permission must clearly identify why Plaintiff needs the Court's attention to a matter before Defendant responds to her Complaint. Failure to seek permission before filing anything additional on the docket will result in the Court summarily striking the document. Signed by Judge Jia M. Cobb on October 1, 2024. (lcjmc1)
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MINUTE ORDER denying #39 Motion for Injunction: A preliminary injunction is an "extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Sherley v. Sebelius, 644 F.3d 388, 392 (D.C. Cir. 2011) (citation and quotation marks omitted). To make such a showing, Plaintiff must establish (1) "that [she] is likely to succeed on the merits," (2) that [she] is likely to suffer irreparable harm in the absence of preliminary relief," (3) "that the balance of equities tips in [her] favor," and (4) "that an injunction is in the public interest." Id. (citation and quotation marks omitted). Plaintiff's motion does not establish entitlement to a preliminary injunction. Among its defects, the motion does not identify any irreparable harm Plaintiff will suffer if relief is not granted immediately. Plaintiff seeks damages in this matter, and such economic injury is not irreparable. Further, the Court cannot ascertain what relief Plaintiff seeks in this motion that the Court could grant at this juncture. Accordingly, Plaintiff's motion is DENIED without prejudice. Signed by Judge Jia M. Cobb on October 1, 2024. (lcjmc1)
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MINUTE ORDER denying #37 Motion to Strike: Plaintiff provides no basis for striking Defendant's notice of appearance. Accordingly, Plaintiff's motion is DENIED. Signed by Judge Jia M. Cobb on October 1, 2024. (lcjmc1)
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| Filing 39 Second MOTION for Injunction PRELIMINARY by THERESA GARNER. (GARNER, THERESA) |
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MINUTE ORDER granting #34 Motion for Extension: This case was transferred from the United States Court of Federal Claims. Defendant represented in its motion that, because of high incoming case volume, the Assistant United States Attorney responsible for this case only recently received the case and needs time to respond to the complaint. Accordingly, the Court finds good cause for Defendant's requested extension, and that said brief extension is not unreasonable or prejudicial, and therefore GRANTS the motion. It is further ordered that Defendant shall respond to the complaint in this action by October 18, 2024. Signed by Judge Jia M. Cobb on September 27, 2024. (lcjmc1)
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| Filing 38 Amended MOTION for Default Judgment as to APPLICATION FOR ENTRY OF CLERK OF COURTS DEFAULT AND SUPPORTING DECLARATION AMENDMENT/CORRECTION AS A MATTER OF COURSE by THERESA GARNER. (GARNER, THERESA) |
| Filing 37 MOTION to Strike re #31 Notice of Appearance Motion to Strike filed by THERESA GARNER. (GARNER, THERESA) Modified event on 9/19/2024 (znmw). |
| Filing 36 SUPPLEMENTAL MEMORANDUM re #35 Memorandum in Opposition DECLARATION AND SUPPORTING EXHIBITS filed by THERESA GARNER. (Attachments: #1 Exhibit A-FALSE CLAIM OF ASSAULT, #2 Exhibit B-US DEPT OF LABOR SETTLEMENT AGREEMENT, #3 Exhibit C-US DEPT OF COMMERCE SETTLEMENT AGREEMENT, #4 Exhibit D-CLAIMANT POLYGRAPH EXAMINATION, #5 Exhibit D- POLYGRAPH EXAMINERS CREDENTIALS PAGE 2 OF 2, #6 Exhibit E-PLAINTIFF'S RESIGNATION PROVISIONS PAGE 1 OF 2, #7 Exhibit E-PLAINTIFF'S RESIGNATION PROVISIONS PAGE 2 OF 2)(GARNER, THERESA) Modified event and related document on 9/19/2024 (znmw). |
| Filing 35 Memorandum in opposition to re #34 Motion for Extension of Time to File Answer filed by THERESA GARNER. (Attachments: #1 Exhibit GAS DISCONNECTED ONGOING TRACEABLE INCIDENTS, #2 Exhibit UTILITY UNAUTHORIZED 3RD PARTIES PHOTOS DISCONNECTS, #3 Exhibit PHOTOS OF UNAUTHORIZED TRESPASSING & DAMAGES AND/OR INVOLVING PREVIOUS OWNERSHIP HARASSMENT, #4 Exhibit ONGOING TRACEABLE INCIDENTS PHOTOS)(GARNER, THERESA) Modified related document link on 9/19/2024 (znmw). |
| Filing 34 MOTION for Extension of Time to File Answer OR OTHERWISE RESPOND TO COMPLAINT by UNITED STATES OF AMERICA. (Stratton, Kimberly) |
| Filing 33 ERRATA by UNITED STATES OF AMERICA re #31 Notice of Appearance. (Stratton, Kimberly) |
| Filing 32 Unopposed MOTION for Default Judgment as to Defendant by THERESA GARNER. (GARNER, THERESA) |
| Filing 31 NOTICE of Appearance by Kimberly Stratton on behalf of UNITED STATES OF AMERICA (Stratton, Kimberly) |
| Filing 30 AFFIDAVIT in Support of Default as to Defendant by Theresa Garner. (Garner, Theresa) Modified docket text on 9/11/2024 (znmw). |
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MINUTE ORDER re #25 Motion for Default Judgment and #29 Unopposed Motion for Default Judgment: The Government is reminded to answer the Complaint in this action. The Court declines for now to rule on Plaintiff's motions for default judgment. The Clerk of Court is directed to serve this minute order on the Government via its counsel in this action before the Court of Federal Claims, Franklin E. White, Jr. (franklin.white@usdoj.gov). Signed by Judge Jia M. Cobb on September 6, 2024. (lcjmc1)
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| Filing 29 Unopposed MOTION for Entry of Default as to Defendant by THERESA GARNER. (GARNER, THERESA) Modified docket text on 9/11/2024 (zdp). |
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MINUTE ORDER granting #28 Motion for CM/ECF Password: Having considered Plaintiff's motion, the Court GRANTS the motion. The Clerk of Court is directed to provide Plaintiff with a CM/ECF username and password pursuant to LCvR 5.4(b)(2) at the email address referenced in Plaintiff's motion. Signed by Judge Jia M. Cobb on August 26, 2024. (lcjmc1)
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| Filing 28 MOTION for CM/ECF Password by THERESA GARNER. (zdp) |
| Filing 27 NEW Pro Se Consent To Receive Notices of Electronic Filing by THERESA GARNER (zdp) |
| Filing 26 AFFIDAVIT FOR DEFAULT by Theresa Garner. (Attachments: #1 Declaration, #2 Exhibit)(zdp) Modified on docket text 9/11/2024 (zdp). |
| Filing 25 MOTION for Default Judgment as to by THERESA GARNER. (zdp) |
| Filing 24 Case transferred in from District of Court of Federal Claims; Case Number 1:24-cv-00700. Original file ,transfer order and docket sheet received. |
| Filing 23 CASE TRANSFERRED OUT pursuant #22 Order, to U.S. District Court for the District of Columbia. Original File consisting of the entire record electronically transferred via the CMECF Inter District Case Transfer event. (hw1) [Transferred from Court of Federal Claims on 8/19/2024.] |
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Filing 22
ORDER granting #14 Motion to Transfer, denying as moot #8 Motion for Preliminary Injunction, #13 Motion to Dismiss - Rule 12(b)(1), #20 Cross Motion. The Clerk is directed to transfer this case to the United States District Court for the District of Columbia. Signed by Senior Judge Charles F. Lettow. (khp). Modified on 8/12/2024 to add District to the court's name (tb). [Transferred from Court of Federal Claims on 8/19/2024.]
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| Filing 21 RESPONSE to #14 MOTION to Transfer to District of Columbia Disrict Court , filed by USA.Reply due by 8/14/2024. (Pixley, Joseph) [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 20 CROSS MOTION and RESPONSE to #13 Motion to Dismiss - Rule 12(b)(1) filed by USA, filed by THERESA GARNER. Service: 8/2/24. Response due by 8/30/2024. (Attachments: #1 Exhibit (SF95 Amendment EXHIBIT A - 24-700C- 7-30-24 PL. MOTION TO STRIKE 12(f)), #2 Exhibit (EXHIBIT 1, PAGE 1 -POLYGRAPH_-T_GARNER), #3 Exhibit (EXHIBIT 2-STATE CAPITOL POLICE PRIVACY BREACH ON PL. ELECTRONIC MAIL PAGE 1 OF 3), #4 Exhibit (EXHIBIT 2-STATE CAPITOL POLICE PRIVACY BREACH ON PL. ELECTRONIC MAIL PAGE 2 OF 3-DOA_STATE_CAPITOL_POLICE_TRACKED_ON_CLAIMANT'S ELECTRONIC MAIL), #5 Exhibit (EXHIBIT 2- DOA_STATE_CAPITOL_POLICE_LOGGED_IN_ON_CLAIMANT'S_ELECTRONIC_MAIL_DATE_AND_TIME_ PAGE 3 OF 3), #6 Exhibit 24-700 Garner (EX 2- STATE CAPITOL POLICE PRIVACY BREACH ON ELECTRONIC MAIL PAGE 4 OF 4), #7 Exhibit (EXHIBIT 3 - PROCESS SERVICE ), #8 Exhibit (EXHIBIT 4-SF95 PAGE 1 OF 2), #9 Exhibit (POLYGRAPH TEST EXAMINER RESUME J ARBINGER PAGE 2))(tb) [Transferred from Court of Federal Claims on 8/19/2024.] |
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Filing 18
ORDER regarding plaintiff's 7/31/2024 submission. Signed by Senior Judge Charles F. Lettow. (Attachments: #1 Supplement (Deficiency Memorandum))(khp) Service on parties made. [Transferred from Court of Federal Claims on 8/19/2024.]
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Filing 17
ORDER regarding plaintiff's 7/30/2024 submission. Signed by Senior Judge Charles F. Lettow. (Attachments: #1 Supplement (Deficiency Memorandum))(khp) Service on parties made. [Transferred from Court of Federal Claims on 8/19/2024.]
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Filing 16
ORDER granting #15 Motion for Extension of Time to File Response as to #14 MOTION to Transfer to District of Columbia Disrict Court. Response due by 8/7/2024. Signed by Senior Judge Charles F. Lettow. (khp) Service on parties made. [Transferred from Court of Federal Claims on 8/19/2024.]
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| Filing 19 RESPONSE to #15 MOTION for Extension of Time until 8/7/2024 to File Response as to #14 MOTION to Transfer to District of Columbia Disrict Court , filed by THERESA GARNER. Reply due by 8/8/2024. Service: 8/1/24.(tb) [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 15 MOTION for Extension of Time until 8/7/2024 to File Response as to #14 MOTION to Transfer to District of Columbia Disrict Court , filed by USA.Response due by 8/14/2024.(Pixley, Joseph) [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 14 MOTION to Transfer to District of Columbia District Court, filed by THERESA GARNER. Service: 7/17/24. Response due by 7/31/2024.(tb) [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 13 MOTION to Dismiss pursuant to Rule 12(b)(1) , filed by USA.Response due by 7/30/2024.(Pixley, Joseph) [Transferred from Court of Federal Claims on 8/19/2024.] |
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Filing 12
ORDER regarding plaintiff's 6/10/2024 submission. Signed by Senior Judge Charles F. Lettow. (Attachments: #1 Supplement Supplement (Deficiency Memorandum))(khp) Service on parties made. [Transferred from Court of Federal Claims on 8/19/2024.]
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| Filing 10 Mail Returned re: #5 Order,. Document returned because: Return to Sender - Unclaimed - Unable to Forward. Mail sent to Theresa Garner. (tb) [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 11 **SEALED**EXHIBITS re #8 MOTION for Preliminary Injunction (Attachments: #1 Exhibits Part 2) (tb) Exhibits sealed pursuant to RCFC 5.2. [Transferred from Court of Federal Claims on 8/19/2024.] |
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Filing 9
ORDER regarding plaintiff's 5/30/2024 submission. Signed by Senior Judge Charles F. Lettow. (Attachments: #1 Supplement (Deficiency Memorandum))(khp) Service on parties made. [Transferred from Court of Federal Claims on 8/19/2024.]
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| Filing 8 MOTION for Preliminary Injunction, filed by THERESA GARNER. Service: 5/30/24. Response due by 6/13/2024.(tb) [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing fee received re: #1 Complaint. $ 405, receipt number CFC 200000184. (tb) Modified on 5/30/2024 to add receipt number (km1). [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 7 Electronic Notification Consent Form. (tb) [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 6 NOTICE of Appearance by Joseph Alan Pixley for USA .. (Pixley, Joseph) [Transferred from Court of Federal Claims on 8/19/2024.] |
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Filing 5
ORDER directing plaintiff to file an application to proceed in forma pauperis or to pay $405.00 in fees by 6/5/2024. Signed by Senior Judge Charles F. Lettow. (Attachments: #1 IFP Application)(khp) Service on parties made. Plaintiff served via certified mail on 5/6/24, article no. 7017 0190 0000 4739 5672 (ypb). [Transferred from Court of Federal Claims on 8/19/2024.]
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| Filing 4 **FILING FEE DUE.** Our records indicate that a filing fee has not been received. Plaintiff must submit either the required filing fee OR an application to proceed in forma pauperis, which can be located under the forms link at: #www.uscfc.uscourts.gov. Please contact the Clerk's Office at 202-357-6406 for any additional assistance. (tb) Plaintiff served via mail on 5/6/24 (ypb). [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 3 Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge Charles F. Lettow. (tb) Plaintiff served via mail on 5/6/24 (ypb). [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 2 NOTICE of Non-ECF Case. (tb) Plaintiff served via mail on 5/6/24 (ypb). [Transferred from Court of Federal Claims on 8/19/2024.] |
| Filing 1 COMPLAINT against USA (DOJ) (Copy Served Electronically on Department of Justice), filed by THERESA GARNER. Answer due by 7/2/2024. (Attachments: #1 Exhibit)(tb) [Transferred from Court of Federal Claims on 8/19/2024.] |
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| Plaintiff: THERESA GARNER | |
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| Defendant: UNITED STATES OF AMERICA | |
| Represented By: | Kimberly Stratton |
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