VETERANS COMMAND, LLC, v. UNITED STATES OF AMERICA
| VETERANS COMMAND, LLC |
| UNITED STATES OF AMERICA |
| 1:2022cv00488 |
| May 2, 2022 |
| United States Federal Claims Court |
| Eleni M Roumel |
| Contract - Other (CDA) |
| 28 U.S.C. § 1491 Tucker Act |
| None |
Docket Report
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Filing 35
ORDER re #34 . By 7/11/22, Plaintiff's Counsel must file (1) proof of service upon Plaintiff of Counsel's Notice of Intent to Withdraw and (2) Notice of Plaintiff's Intent Concerning Replacement Counsel. Signed by Judge Eleni M. Roumel. (hb) Service on parties made.
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| Filing 34 MOTION to Withdraw as Attorney by Milton Christopher Johns , filed by on behalf of VETERANS COMMAND, LLC.Response due by 7/8/2022.(Johns, Milton) |
| Filing 33 NOTICE of Appearance by Sarah E. Kramer for UNITED STATES OF AMERICA . (Kramer, Sarah) |
| Filing 32 Attorney Transfer Complaint, filed by VETERANS COMMAND, LLC, filed by VETERANS COMMAND, LLC.Answer due by 8/19/2022. (Attachments: #1 Exhibit Attachment 1 - Invoices)(Johns, Milton) |
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Filing 31
ORDER granting #30 Plaintiff's Consent Motion for Extension of Time to File Transfer Complaint. Plaintiff's Transfer Complaint is due by 6/20/2022. Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.
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| Filing 30 First MOTION for Extension of Time to Amend #27 Notice of Filing Transfer Case,, , filed by VETERANS COMMAND, LLC.Response due by 6/8/2022.(Johns, Milton) |
| Filing 29 NOTICE of Designation of Electronic Case. (hw1) |
| Filing 28 Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge Eleni M. Roumel. (hw1) |
| Filing 27 There has been filed this day, on behalf of the parties, the record as transferred from the United States District Court for the District of Columbia (Washington, DC), Case No.1:21-cv-2018. Original File consisting of the entire record electronically transferred via CMECF Inter District Case Transfer events. Transfer Complaint due by 5/31/2022. (Attachments: #1 Instructions for Transfers from other courts pursuant - RCFC 3.1) (hw1) |
| Filing 26 CASE TRANSFERRED IN from District of District of Columbia. Case number 1:21-cv-02018. Original file, certified copy of transfer order and docket sheet received. |
| Filing 25 MANDATE of USCA as to #17 Notice of Appeal to DC Circuit Court, filed by VETERANS COMMAND, LLC, ; USCA Case Number 21-5207. (Attachments: #1 USCA Order)(zjf) [Transferred from District of Columbia on 5/2/2022.] |
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MINUTE ORDER. Upon consideration of the Government's #22 Motion for Enlargement of Time, it is hereby ORDERED that the motion is GRANTED nunc pro tunc. SO ORDERED. Signed by Judge Richard J. Leon on 11/19/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.]
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MINUTE ORDER. Upon consideration of plaintiff's #17 Notice of Appeal and the parties' briefing as to this Court's jurisdiction, it is hereby ORDERED that the Court's August 11, 2021 Minute Order ("Transfer Order") granting the #10 Consent Motion to Transfer Case to the United States Court of Federal Claims shall REMAIN STAYED. "The filing of a notice of appeal, including an interlocutory appeal, confers jurisdiction on the court of appeals and divests the district court of control over those aspects of the case involved in the appeal." United States v. DeFries, 129 F.3d 1293, 1302 (D.C. Cir. 1997) (citations and quotations omitted). Here, I issued the Transfer Order based on the conclusion that "plaintiff was unlikely to succeed in establishing subject-matter jurisdiction in this Court under the Tucker Act." Transfer Order; accord 28 U.S.C. 1631. Plaintiff has now filed an appeal with the D.C. Circuit raising the issue of, inter alia, "[w]hether the lower Court has subject matter jurisdiction over the instant case." Veterans Command v. United States, No. 21-5207, Appellant's Statement of Issues to be Raised, Doc. No. 1919851 (D.C. Cir. Oct. 27, 2021). Because both the Transfer Order and the appeal involve the same issue--whether the Court has subject-matter jurisdiction over this case--I no longer have jurisdiction to transfer this matter. Accordingly, I will maintain the stay of the Transfer Order until the resolution of plaintiff's appeal. SO ORDERED. Signed by Judge Richard J. Leon on 11/19/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.]
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| Filing 24 REPLY re #21 Memorandum filed by VETERANS COMMAND, LLC,. (Johns, Milton) Modified to add link on 11/18/2021 (znmw). [Transferred from District of Columbia on 5/2/2022.] |
| Filing 23 RESPONSE to Plaintiff's #21 Memorandum filed by UNITED STATES OF AMERICA. (Curteman, Dedra) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 22 MOTION for Extension of Time to by UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(Curteman, Dedra) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 21 MEMORANDUM by VETERANS COMMAND, LLC, re Minute Orders filed on 10/13/2021 and 10/23/2021. (Johns, Milton) Modified on 11/10/2021 (zjf). [Transferred from District of Columbia on 5/2/2022.] |
| Filing 20 First MOTION for Extension of Time to File Memorandum in Support of Transfer to Court of Federal Claims by VETERANS COMMAND, LLC,. (Johns, Milton) [Transferred from District of Columbia on 5/2/2022.] |
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MINUTE ORDER. Upon consideration of plaintiff's #20 Motion for Extension of Time to File Memorandum in Support of Transfer to the U.S. Court of Federal Claims, it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file on or before 11/01/2021 its Memorandum in Support of Transfer to the U.S. Court of Federal Claims. SO ORDERED. Signed by Judge Richard J. Leon on 10/28/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.]
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| Set/Reset Deadlines: Memorandum due by 10/28/2021. Response due by 11/4/2021. Replies due by 11/11/2021. (zjd) [Transferred from District of Columbia on 5/2/2022.] |
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MINUTE ORDER. Upon consideration of the parties' #19 Joint Status Report, it is hereby ORDERED that the Court's August 11, 2021 Minute Order granting the #10 Consent Motion to Transfer Case to the United States Court of Federal Claims shall REMAIN STAYED. I find it questionable that I have jurisdiction to transfer this matter on jurisdictional grounds while those same jurisdictional grounds are being litigated on an interlocutory appeal. See United States v. DeFries, 129 F.3d 1293, 1302 (D.C. Cir. 1997). I am also concerned that transferring this case out of our Circuit would frustrate the ability of the United States Court of Appeals for the District of Columbia Circuit to provide meaningful relief. Thus, (1) plaintiff shall file on or before 10/28/2021 a memorandum addressing whether I can and should transfer this case to the Court of Federal Claims, with a particular focus on the two issues raised in this Order, (2) the Government shall file any response on or before 11/04/2021, and (3) plaintiff shall file any reply on or before 11/11/2021. SO ORDERED. Signed by Judge Richard J. Leon on 10/23/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.]
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| Filing 19 Joint STATUS REPORT by VETERANS COMMAND, LLC,. (Johns, Milton) [Transferred from District of Columbia on 5/2/2022.] |
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MINUTE ORDER. Upon consideration of plaintiff's #17 Notice of Appeal, it is hereby ORDERED that the Court's August 11, 2021 Minute Order granting the #10 Consent Motion to Transfer Case to the United States Court of Federal Claims is STAYED. Typically, district court orders may not be stayed pending appeal absent a motion by a party. See Fed. R. App. Proc. 8(a)(1)(A). However, "[t]he filing of a notice of appeal, including an interlocutory appeal, confers jurisdiction on the court of appeals and divests the district court of control over those aspects of the case involved in the appeal." United States v. DeFries, 129 F.3d 1293, 1302 (D.C. Cir. 1997) (citations and quotations omitted). Accordingly, the parties are further ORDERED to submit on or before October 20, 2021 a joint status report with their respective positions on whether I can or should transfer this case to the Court of Federal Claims. SO ORDERED. Signed by Judge Richard J. Leon on 10/13/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.]
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| USCA Case Number 21-5207 for #17 Notice of Appeal to DC Circuit Court, filed by VETERANS COMMAND, LLC,. (zjf) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 18 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re #17 Notice of Appeal to DC Circuit Court,. (zjf) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 17 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #15 Order on Motion for Preliminary Injunction, #16 Preliminary Injunction by VETERANS COMMAND, LLC,. Filing fee $ 505, receipt number ADCDC-8752955. Fee Status: Fee Paid. Parties have been notified. (Attachments: #1 Exhibit (Dkt. 15) 2021.09.14_Memo Opinion - Denial, #2 Exhibit (Dkt. 16) 2021.09.14_Order Denying Mtn. for Preliminary Injuncton)(Johns, Milton) [Transferred from District of Columbia on 5/2/2022.] |
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Filing 16
ORDER. Signed by Judge Richard J. Leon on 09/14/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.]
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| Filing 15 MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 09/14/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 14 REPLY to opposition to motion re #12 MOTION for Preliminary Injunction filed by VETERANS COMMAND, LLC,. (Attachments: #1 Text of Proposed Order)(Johns, Milton) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 13 Memorandum in opposition to re #12 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Curteman, Dedra) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 12 MOTION for Preliminary Injunction by VETERANS COMMAND, LLC,. (Attachments: #1 Affidavit David Turner's Affidavit, #2 Exhibit VC Cost Spreadsheet, #3 Exhibit Addendum to Exhibit 1 - VC Spreadsheet)(Johns, Milton) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 11 TRANSCRIPT OF HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER PROCEEDINGS before Judge Richard J. Leon held on August 5, 2021; Page Numbers: 1-18. Date of Issuance: August 17, 2021. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a publi c terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/17/2021. Release of Transcript Restriction set for 11/15/2021.(wz) [Transferred from District of Columbia on 5/2/2022.] |
| Set/Reset Deadlines: Transfer due by 10/10/2021. (hmc) [Transferred from District of Columbia on 5/2/2022.] |
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MINUTE ORDER. Upon consideration of plaintiff's #10 Consent Motion to Transfer Case to the United States Court of Federal Claims, it is hereby ORDERED that the motion is GRANTED. Transfer is appropriate in light of the Court's conclusion at the 08/05/2021 hearing that plaintiff was unlikely to succeed in establishing subject-matter jurisdiction in this Court under the Tucker Act. The Clerk is directed to TRANSFER this matter to the United States Court of Federal Claims. SO ORDERED. Signed by Judge Richard J. Leon on 08/11/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.]
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| Filing 10 Consent MOTION to Transfer Case To United States Court of Federal Claims by VETERANS COMMAND, LLC,. (Attachments: #1 Text of Proposed Order Agreed Order to Remove)(Johns, Milton) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 9 NOTICE of Appearance by Paul A. Prados on behalf of VETERANS COMMAND, LLC, (Prados, Paul) [Transferred from District of Columbia on 5/2/2022.] |
| Minute Entry for proceedings held before Judge Richard J. Leon: Motion Hearing held on 8/5/2021 re: #2 MOTION for Temporary Restraining Order. The Court denies the Plaintiff's #2 Motion for Temporary Restraining Order, for the reasons stated on the record. The Court reserves judgment on the Plaintiff's #2 Motion for Preliminary Injunction. A Hearing on the Motion for Preliminary Injunction is set for 8/27/2021 at 03:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter: William Zaremba) (zjd) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paul A. Prados, Filing fee $ 100, receipt number ADCDC-8645843. Fee Status: Fee Paid. by VETERANS COMMAND, LLC,. (Johns, Milton) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 7 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA. (Curteman, Dedra) [Transferred from District of Columbia on 5/2/2022.] |
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MINUTE ORDER. Upon consideration of #8 Motion for Pro Hac Vice Admission of Paul A. Prados, it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Richard J. Leon on 08/04/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.]
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MINUTE ORDER. The parties shall appear for a hearing on plaintiff's #2 Motion for Temporary Restraining Order and Preliminary Injunction on 08/05/2021 at 4:00 PM in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 08/02/2021. (lcrjl3) Modified on 8/3/2021 to add lc identifier (hmc). [Transferred from District of Columbia on 5/2/2022.]
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| Filing 6 NOTICE of Proposed Order by VETERANS COMMAND, LLC, re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Johns, Milton) [Transferred from District of Columbia on 5/2/2022.] |
| Filing 5 NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) [Transferred from District of Columbia on 5/2/2022.] |
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Filing 4
STANDING ORDER. Signed by Judge Richard J. Leon on 07/26/2021. (lcrjl3) [Transferred from District of Columbia on 5/2/2022.]
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| Filing 3 SUMMONS (1) Issued Electronically as to UNITED STATES OF AMERICA. (Attachments: #1 Notice and Consent)(adh, ) (Main Document 3 replaced on 8/3/2021) (adh, ). [Transferred from District of Columbia on 5/2/2022.] |
| Filing 2 MOTION for Temporary Restraining Order by VETERANS COMMAND, LLC,. (Attachments: #1 Affidavit Affidavit - D. Turner)(Johns, Milton). Added MOTION for Preliminary Injunction on 7/27/2021 (znmw).[Transferred from District of Columbia on 5/2/2022.] |
| Filing 1 COMPLAINT against UNITED STATES OF AMERICA ( Filing fee $ 402 receipt number ADCDC-8622892) filed by VETERANS COMMAND, LLC,. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Johns, Milton) [Transferred from District of Columbia on 5/2/2022.] |
| Case Assigned to Judge Richard J. Leon. (zsb) [Transferred from District of Columbia on 5/2/2022.] |
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| Plaintiff: VETERANS COMMAND, LLC | |
| Represented By: | Milton Christopher Johns |
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| Defendant: UNITED STATES OF AMERICA | |
| Represented By: | Sarah E. Kramer |
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