METZINGER v. USA
| REBECCA METZINGER and REBECCA METZINGER, M.D. |
| USA |
| 1:2023cv00332 |
| March 8, 2023 |
| United States Federal Claims Court |
| Eric G Bruggink |
| Civilian Pay - Other |
| 28 U.S.C. § 1491 Tucker Act |
| None |
Docket Report
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| Filing 100 NOTICE of Appearance by Patrick Angulo for USA . (Angulo, Patrick) |
| Filing 99 **RE-DOCKETED #98 TO CORRECT FILING EVENT** TRANSFER COMPLAINT against USA (One copy to Department of Justice), filed by REBECCA METZINGER, MD. Answer due by 6/5/2023. Modified on 4/12/2023. |
| Filing 98 First AMENDED COMPLAINT against USA, filed by REBECCA METZINGER, MD. , filed by REBECCA METZINGER, MD.Answer due by 6/5/2023. (Riccio, Marie) Modified on 4/6/2023 to edit answer due date (vds). |
| **The attorney admission process completed.** (hw1) |
| Filing 97 **NOT MEMBER OF BAR.** Our records indicate that plaintiff's attorney is not admitted to the United States Court of Federal Claims Bar. To practice before this court and to obtain e-filing privileges in the court's case management/electronic case filing (CM/ECF) system, you must be admitted to the court's bar. For information on attorney admissions and to obtain e-filing privileges, please visit the court's website at: #www.uscfc.uscourts.gov or call the Clerk's Office at (202) 357-6406. The attorney admission process should be completed by 4/10/2023. (hw1) Modified on 3/8/2023 Copy served to NMB attorney, Marie Riccio served via U.S. mail to: Law Offices of Marie Riccio 700 Camp Street New Orleans, LA 70130 and via her email marie@officericcio.com (hw1). |
| Filing 96 NOTICE of Designation of Electronic Case. (hw1) Modified on 3/8/2023 Copy served to NMB attorney, Marie Riccio served via U.S. mail to: Law Offices of Marie Riccio 700 Camp Street New Orleans, LA 70130 and via her email marie@officericcio.com (hw1). |
| Filing 95 Notice of Random Assignment Pursuant to Rule 40.1(a) to Senior Judge Eric G. Bruggink. (hw1) Modified on 3/8/2023 Copy served to NMB attorney, Marie Riccio served via U.S. mail to: Law Offices of Marie Riccio 700 Camp Street New Orleans, LA 70130 and via her email marie@officericcio.com (hw1). |
| Filing 94 There has been filed this day, on behalf of the parties, the record as transferred from the United States District Court for the Eastern District of Louisiana, Case No.2:19-cv-10614-SSV-DPC. Original File consisting of the entire case file transferred electronically via the CMECF Inter District Case Transfers. Transfer Complaint due by 4/5/2023. (Attachments: #1 Instructions for cases transferred from other district courts pursuant RCFC3.1) (hw1) Modified on 3/8/2023 - Copy served to NMB attorney, Marie Riccio served via U.S. mail to: Law Offices of Marie Riccio 700 Camp Street New Orleans, LA 70130 and via her email marie@officericcio.com (hw1). |
| Filing 93 CASE TRANSFERRED IN from District of Louisiana Eastern. Case number 2:19-cv-10614. Original file, certified copy of transfer order and docket sheet received. |
Filing 92
ORDER granting #91 Motion to have clerk transfer record of 19-10614 to court of federal claims pursuant to Judgment Court of Federal Circuit and direction of Clerk of Federal Claims. Signed by Judge Sarah S. Vance on 3/3/2023. (Reference: 19-10614) (Case transferred to the Federal Claims Court via case extraction)(cbs) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 91 EXPARTE/CONSENT MOTION to have clerk transfer record of 19-10614 to court of federal claims pursuant to Judgment Court of Federal Circuit and direction of Clerk of Federal Claims by Rebecca Metzinger. (Attachments: #1 Exhibit Letter, #2 Proposed Order for clerk to transfer record)(Reference: 19-10614)(Riccio, Marie) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 90 USCA MANDATE issued on 3/21/2022 as to #89 USCA Judgment as to #56 Notice of Appeal. (Reference: 19-10614)(lw) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 89 JUDGMENT of USCA for the Federal Circuit as to #56 Notice of Interlocutory Appeal, filed by Rebecca Metzinger. THIS CAUSE having been considered, it is ORDERED AND ADJUDGED: AFFIRMED. By USCA: Peter R. Marksteiner, Clerk of Court (Attachments: #1 Opinion)(Reference: All Cases)(lw) Modified text on 3/21/2022 (lw). [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 88
ORDER of USCA for the Federal Circuit. IT IS ORDERED THAT: (1) The motion is granted to the extent that the mandate is recalled; the court's March 02, 2021 order dismissing the appeal is vacated; and the appeal is reinstated. (2) A corrected appendix correcting the deficiencies identified is due no later than fourteen days from the date of filing of this order as stated herein. Entered at the Direction of the Court-USCA for the Federal Circuit. (Reference: All Cases)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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Filing 87
ORDER of USCA for the Federal Circuit as to #56 Notice of Interlocutory Appeal. The appellant having failed to file an appendix required by Federal Circuit Rule 30(a) within the time permitted by the rules, it is ORDERED that the notice of appeal be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules. Issued as a mandate on 3/2/2021 by the Clerk of Court for USCA for the Federal Circuit. (Reference: All Cases)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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Filing 86
ORDER granting #85 Motion to Postpone/Stay Trial Date Pending Decision of Federal Circuit Court of Appeal. IT IS ORDERED that this matter is hereby stayed and closed administratively reserving the right of any party to reopen once the appeal is resolved. Signed by Judge Sarah S. Vance on 11/10/2020. (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 85 EXPARTE/CONSENT MOTION to Postpone/Stay Trial Date Pending Decision of Federal Circuit Court of Appeal re #84 Order by Rebecca Metzinger. (Attachments: #1 Proposed Order)(Reference: 20-599)(Riccio, Marie) Modified text on 11/9/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 84
ORDER that the preliminary conference set for November 5, 2020 is continued without date.. Signed by Judge Sarah S. Vance on 11/5/2020.(Reference: ALL CASES)(jjs) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 83 First Witness and Exhibit List by All Plaintiffs. (Reference: 20:0599)(Riccio, Marie) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 82 Witness and Exhibit List by United States Department of Veterans Affairs. (Reference: 20-599)(Gutierrez, Sandra) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 81
ORDER granting #78 MOTION to Reset Trial Date. A preliminary conference will be held BY TELEPHONE on NOVEMBER 5, 2020, at 10:00 a.m., for the purpose of rescheduling a pretrial conference and trial on the merits as stated herein. Signed by Judge Sarah S. Vance on 10/15/2020.(Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 80 Correction of Docket Entry by Clerk re #78 MOTION to Reset Trial Date. **Document contains incorrect Magistrate Judge. All future pleadings must reflect Magistrate Judge Donna Phillips Currault(2).** (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 79 RESPONSE to Motion filed by All Plaintiffs re #78 MOTION to Reset Trial Date. (Reference: 20:0599)(Riccio, Marie) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 78 EXPARTE/CONSENT MOTION to Reset Trial Date by United States Department of Veterans Affairs. (Attachments: #1 Proposed Order)(Reference: 20-599)(Gutierrez, Sandra) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 77 ANSWER to #1 Complaint, #6 Amended Complaint by United States Department of Veterans Affairs.(Reference: 20-599)(Gutierrez, Sandra) Modified text on 10/5/2020 (lt). [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 76
ORDER AND REASONS granting in part and denying in part #55 Motion for Partial Dismissal Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) and to Dismiss or, Alternatively, to Strike Pursuant to Rule 12(f) as stated herein. Signed by Judge Sarah S. Vance on 9/18/2020. (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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Filing 75
ORDER of USCA as to #54 Amended Notice of Appeal, #51 Notice of Appeal. USCA Judge Names: Jones, Stewart, and Costa, Circuit Judges. (Attachments: #1 Transmittal Letter)(Reference: All Cases)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 74 Supplemental Record of pleadings filed in Civil Action 20-599. (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 73
ORDER granting #71 Motion to Supplement Master Case(19-10614) with Member Case(20-599). Signed by Judge Sarah S. Vance on 8/6/2020. (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 72 Correction of Docket Entry by Clerk re #71 MOTION to Supplement Master Case(19-10614) with Member Case(20-599). **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. ** (Reference: 19-10614)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 71 EXPARTE/CONSENT MOTION to Supplement Master Case(19-10614) with Member Case(20-599) by Rebecca Metzinger. (Attachments: #1 Proposed Order)(Reference: 19-10614)(Riccio, Marie) Modified text/removed referral on 8/6/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 70 USCA Federal Circuit Case Number 20-1906 appealed to USCA Federal Circuit for #56 Notice of Appeal from Interlocutory Order Rebecca Metzinger. (Reference: All Cases)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 69 Electronic Record on Appeal Access Granted to Marie O. Riccio re #56 Notice of Interlocutory Appeal, #54 Amended Notice of Appeal, #51 Notice of Appeal. USCA Case Number 20-30317. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (Reference: 19-10614)(as) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 68 REPLY to Response to Motion filed by United States Department of Veterans Affairs re #55 MOTION for Partial Dismissal Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) and to Dismiss or, Alternatively, to Strike Pursuant to Rule 12(f). (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 67
ORDER granting #66 Motion for Leave to File Memorandum in Reply. Signed by Judge Sarah S. Vance on 6/15/2020. (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 66 EXPARTE/CONSENT MOTION for Leave to File Memorandum in Reply re: rec. doc. 55 by Department of Veterans Affairs. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 20-599)(Smith, Sharon) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 65
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Donna Phillips Currault. Magistrate Judge Joseph C. Wilkinson, Jr no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown.(Reference: All cases)(lag) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 64 Correction of Docket Entry by Clerk re #63 Response to Motion. **Filing attorney selected incorrect event. Correct event is Response/Memorandum in Opposition to Motion. Clerk took corrective action.** (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 63 RESPONSE/MEMORANDUM in Opposition filed by Rebecca Metzinger re #55 MOTION for Partial Dismissal Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) and to Dismiss or, Alternatively, to Strike Pursuant to Rule 12(f). (Attachments: #1 Exhibit Ex. 1 (ECF 9/30/2015- ROI 210-212)), #2 Exhibit Ex.2 (EXF 9/30/2016-ROI 213-215), #3 Exhibit Ex.3 8-28-17 RM Comp Panel Action Form 10-0432A)(Reference: 20-0599)(Riccio, Marie) Modified text/event on 6/10/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 62 Electronic Record on Appeal Access Granted to Sandra Ema Gutierrez, Kevin G. Boitmann, Peter M. Mansfield re #54 Amended Notice of Appeal, #51 Notice of Appeal. USCA Case Number 20-30317. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (Reference: 19-10614)(as) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 61 USCA Appeal Fee paid as to Rebecca Metzinger (Filing fee $ 505) Receipt no. LAE061910 re #51 Notice of Appeal filed by Rebecca Metzinger (Reference: 19-10614)(go) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 60 USCA Case Number 20-30317 appealed to USCA 5th Circuit for #54 Amended Notice of Appeal filed by Rebecca Metzinger, #51 Notice of Appeal filed by Rebecca Metzinger. (Reference: 19-10614)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 59
ORDER granting #57 MOTION to Continue Submission date of Doc. 55. Motion(s) will be submitted on 6/17/2020. Signed by Judge Sarah S. Vance on 5/22/2020.(Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 58 RESPONSE to Motion filed by United States Department of Veterans Affairs re #57 MOTION to Continue Submission date of Doc. 55. (Attachments: #1 Exhibit 1)(Reference: 20-599)(Smith, Sharon) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 57 EXPARTE/CONSENT MOTION to Continue Submission date of Doc. 55 by Rebecca Metzinger. (Attachments: #1 Proposed Order)(Reference: 20-599)(Riccio, Marie) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 56 NOTICE OF APPEAL FROM INTERLOCUTORY ORDER by Rebecca Metzinger as to #49 Order and Reasons. (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) (Reference: 19:10614)(Riccio, Marie) Modified text on 5/20/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 55 MOTION for Partial Dismissal Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) and to Dismiss or, Alternatively, to Strike Pursuant to Rule 12(f) by United States Department of Veterans Affairs. Motion(s) will be submitted on 6/17/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 20-599)(Smith, Sharon) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 54 AMENDED NOTICE OF APPEAL from Final Order by Rebecca Metzinger as to #49 Order and Reasons (Reference: 19:10614)(Riccio, Marie) Modified text on 5/19/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 53 Correction of Docket Entry by Clerk re #51 Notice of Appeal. **In Consolidated Matters, the caption must include a separate reference to list the case(s) to which the pleading pertains and the same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings.** (Reference: All Cases)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 52 Correction of Docket Entry by Clerk re #50 Notice of Appeal. **Per the filing Attorney, document was filed in error and doc. 51 is a complete replacement for this filing. See rec doc. 51 for correct entry. No further action is necessary.** (Reference: All Cases)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 51 NOTICE OF APPEAL by Rebecca Metzinger as to #49 Order and Reasons. (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) (Reference: All Cases)(Riccio, Marie) Modified text on 5/15/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 50 **FILED IN ERROR-SEE REC. DOC. 51 FOR CORRECT ENTRY** NOTICE OF APPEAL by Rebecca Metzinger as to #49 Order and Reasons. (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) (Attachments: #1 Exhibit Order from which appeal is taken)(Reference: 19:10614)(Riccio, Marie) Modified text on 5/15/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 49
ORDER AND REASONS granting #28 MOTION to Dismiss for Lack of Jurisdiction. For the reasons stated herein, the Court GRANTS defendant's motion. Plaintiff's Equal Pay Act claim is transferred to the Court of Federal Claims. Signed by Judge Sarah S. Vance on 5/4/2020.(Reference: 19-10614)(mm) (Additional attachment(s) added on 5/4/2020: #1 Transmittal Letter) (mm). [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 48 SUMMONS Returned Executed; Attorney General of the United States served on 4/2/2020, answer due 6/1/2020. (Reference: 20:0599)(Wisner, Marie) Modified text on 4/14/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 47
ORDER denying #45 Motion for Leave to File Sur-Reply. Signed by Judge Sarah S. Vance on 4/13/2020. (Reference: 19-10614)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 46 Correction of Docket Entry by Clerk re #45 MOTION for Leave to File Sur- Reply re: rec. doc. 28. **In Consolidated Matters, the caption must list all case(s) that are consolidated together and include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings.** (Reference: 19-10614)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 45 EXPARTE/CONSENT MOTION for Leave to File Sur-Reply re: rec. doc. 28 by Rebecca Metzinger, Rebecca Metzinger. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Reference: 19:10614)(Wisner, Marie) Modified text on 4/8/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 44 Correction of Docket Entry by Clerk re #42 Summons Returned Executed as to USA or Agency of USA. **Filing attorney selected incorrect party for party served. Party served was Department of Veterans Affairs on 4/3/20, answer due 6/2/20. No further action is necessary.** (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 43 DEFICIENT: SUMMONS Returned Executed; Department of Veterans Affairs served on 4/3/2020, answer due 6/2/2020; United States Department of Veterans Affairs served on 4/3/2020, answer due 6/2/2020; Veterans Health Administration served on 4/3/2020, answer due 6/2/2020. (Reference: 2020-0599)(Wisner, Marie) Modified text on 4/7/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 42 SUMMONS Returned Executed; Department of Veterans Affairs served on 4/3/2020, answer due 6/2/2020. (Reference: 20-599)(Wisner, Marie) Modified text/party served on 4/7/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 41 REPLY to Response to Motion filed by United States Department of Veterans Affairs re #28 MOTION to Dismiss for Lack of Jurisdiction. (Reference: 19-10614)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 40
ORDER granting #39 Motion for Leave to File Reply Memorandum. Signed by Judge Sarah S. Vance on 4/3/2020. (Reference: 19-10614)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 39 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum re: rec. doc. 28 by United States Department of Veterans Affairs. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reference: 19-10614)(Smith, Sharon) Modified text on 4/3/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 38 Correction of Docket Entry by Clerk re #37 Response/Memorandum in Opposition to Motion. **1. Document does not contain Magistrate Judge. All future pleadings must reflect Magistrate Joseph C. Wilkinson, Jr(2). 2. In Consolidated Matters, the caption must list all case(s) that are consolidated together and include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings.** (Reference: 19-10614)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 37 RESPONSE/MEMORANDUM in Opposition filed by Rebecca Metzinger re #28 MOTION to Dismiss for Lack of Jurisdiction. (Reference: 19-10614)(Wisner, Marie) Modified text on 3/31/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 36 Summons Issued as to Department of Veterans Affairs, Attorney General of the United States. (Attachments: #1 Summons)(Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 35 Request of Summons Issued as to Attorney General of the United States filed by Rebecca Metzinger re #1 Complaint. (Reference: 20-599)(Wisner, Marie) Modified text on 3/24/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 34 Request of Summons Issued as to Department of Veterans Affairs filed by Rebecca Metzinger re #1 Complaint. (Reference: 20-599)(Wisner, Marie) Modified text on 3/24/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 33 Summons Issued as to Department of Veterans Affairs. (Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 32 Request of Summons Issued as to Department of Veterans Affairs filed by Rebecca Metzinger re #1 Complaint. (Reference: 20:599)(Wisner, Marie) Modified text on 3/20/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 31 Correction of Docket Entry by Clerk re #29 MOTION to Enroll Additional Counsel of Record Sandra Ema Gutierrez. **Filing attorney incorrectly selected Department of Veterans Affairs, Veterans Health Administration as a filer(s). Only parties named in the body of the text should be selected as filers. Clerk took corrective action.** (Reference: All Cases)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 30
ORDER granting #29 Motion to Enroll as Counsel of Record for Attorney Sandra Ema Gutierrez for Department of Veterans Affairs, United States Department of Veterans Affairs, Veterans Health Administration. Signed by Judge Sarah S. Vance on 03/18/2020. (Reference: All Cases)(ko) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 29 EXPARTE/CONSENT MOTION to Enroll Additional Counsel of Record Sandra Ema Gutierrez by United States Department of Veterans Affairs. (Attachments: #1 Proposed Order)(Reference: All Cases) Attorney Sharon Denise Smith added to party Department of Veterans Affairs(pty:condft), Attorney Sharon Denise Smith added to party Veterans Health Administration(pty:condft).(Smith, Sharon) Modified text/filers on 3/18/2020 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 28 MOTION to Dismiss for Lack of Jurisdiction by United States Department of Veterans Affairs. Motion(s) will be submitted on 4/8/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reference: 19-10614)(Smith, Sharon) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 27
ORDERED that the settlement/status conference scheduled before Judge Lance Africk for 3/16/2020 at 8:30 a.m. is CANCELLED. The settlement/status conference shall be rescheduled by the Court to a later date. Signed by Judge Lance M Africk on 3/16/2020.(Reference: ALL CASES)(blg) [Transferred from Louisiana Eastern on 3/8/2023.]
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Filing 26
ORDER WITHDRAWING REFERENCE: IT IS ORDERED that the referral of Civil Action No. 20-599 to United States Magistrate Judge Joseph C. Wilkinson, Jr., pursuant to Local Rule 73.2, is hereby withdrawn. Signed by Judge Sarah S. Vance on 3/11/2020.(Reference: 20-599)(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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Filing 25
ORDER: IT IS ORDERED that 19-10614 and Civil Action No. 20-599, Metzinger v. Department of Veterans Affairs, et al., are hereby consolidated as stated herein. Signed by Judge Sarah S. Vance on 3/11/2020.(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 24 Minute Entry for proceedings held before Judge Lance M Africk: Settlement Conference held on 3/2/2020. A subsequent Settlement/Status Conference by telephone set for 3/16/2020 at 8:30 AM before Judge Lance M Africk. The Court will initiate the call. (mp) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 23
SCHEDULING ORDER: Final Pretrial Conference set for 11/19/2020 03:00 PM before Judge Sarah S. Vance. Jury Trial (3 to 5 days) set for 12/7/2020 08:30 AM before Judge Sarah S. Vance. All discovery must be completed by 10/20/2020.. Signed by Judge Sarah S. Vance on 1/30/2020. (Attachments: #1 Pretrial Notice Form)(jjs) [Transferred from Louisiana Eastern on 3/8/2023.]
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Filing 22
Minute Entry & Order for proceedings held before Judge Lance M Africk: Settlement Conference held on 1/29/2020. A subsequent Settlement Conference is set for 3/2/2020 at 8:30 AM before Judge Lance M Africk. Signed by Judge Lance M Africk. (mp) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 21 ANSWER to #1 Complaint by United States Department of Veterans Affairs.(Smith, Sharon) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 20
ORDER: A Settlement Conference is set for 1/29/2020 at 10:00 AM before Judge Lance M Africk. Parties shall comply as instructed herein. Signed by Judge Lance M Africk.(mp) [Transferred from Louisiana Eastern on 3/8/2023.]
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Filing 19
ORDER: Before the Court is the parties' #17 joint motion to stay proceedings. Because the parties have shown good cause to stay this matter, the motion is GRANTED, and the captioned case is stayed until 1/20/2020. IT IS FURTHER ORDERED that the parties shall notify the Court if the case is settled during the stay. If the case does not settle, the defendant's responsive pleadings are due on 1/21/2020. IT IS FURTHER ORDERED that the preliminary conference set for 1/9/2020 at 10:15 a.m., is hereby continued to 1/30/2020 at 10:00 a.m. Signed by Judge Sarah S. Vance on 12/5/2019.(mm) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 18 Correction of Docket Entry by Clerk re #17 Joint MOTION to Stay. **Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 17 EXPARTE/CONSENT Joint MOTION to Stay by United States Department of Veterans Affairs, Rebecca Metzinger. (Attachments: #1 Exhibit A, #2 Proposed Order)(Smith, Sharon) Modified filers on 12/3/2019 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 16
ORDER Scheduling Conference set for 1/9/2020 10:15 AM before case manager by telephone.. Signed by Judge Sarah S. Vance on 11/29/2019.(jjs) [Transferred from Louisiana Eastern on 3/8/2023.]
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer re #1 Complaint, as to United States Department of Veterans Affairs answer due 12/5/2019. Signed by Judge Sarah S. Vance on 11/5/19. (ko) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 14 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint by United States Department of Veterans Affairs. (Attachments: #1 Proposed Order)(Smith, Sharon) [Transferred from Louisiana Eastern on 3/8/2023.] |
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Filing 13
ORDER granting #12 Motion for Extension of Time to Answer re #1 Complaint, as to United States Department of Veterans Affairs answer due 11/5/2019. Signed by Judge Sarah S. Vance on 10/9/19. (ko) [Transferred from Louisiana Eastern on 3/8/2023.]
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| Filing 12 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint by United States Department of Veterans Affairs. (Attachments: #1 Proposed Order) Attorney Sharon Denise Smith added to party United States Department of Veterans Affairs(pty:dft).(Smith, Sharon) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 11 SUMMONS Returned Executed; United States Department of Veterans Affairs served on 8/13/2019, answer due 10/15/2019. (Wisner, Marie) Modified text/updated answer due date on 8/15/2019 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 10 Correction of Docket Entry by Clerk re #9 Summons Returned Executed as to USA or Agency of USA. **Document filed in error. This was a duplicate filing of Rec. Doc. 8, which was deficient. Attorney is to refile following deficiency instructions.** (mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 9 **FILED IN ERROR - DUPLICATE FILING OF REC. DOC. 8** SUMMONS Returned Executed; United States Department of Veterans Affairs served on 8/13/2019, answer due 10/15/2019. (Wisner, Marie) Modified text on 8/15/2019 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 8 DEFICIENT: SUMMONS Returned Executed; Rebecca Metzinger served on 8/13/2019, answer due 10/15/2019. (Wisner, Marie) Modified text on 8/15/2019 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 7 Correction of Docket Entry by Clerk re #6 Complaint. **Filing attorney selected incorrect event. Correct event is Civil Cover Sheet Submitted. Clerk took corrective action.** (mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 6 Civil Cover Sheet Submitted filed by Rebecca Metzinger.(Wisner, Marie) Modified event on 8/13/2019 (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 5 Summons Issued as to United States Department of Veterans Affairs, U.S. Attorney General, U.S. Attorney. (Attachments: #1 Summons, #2 Summons)(mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 4 Request of Summons Issued as to United States Department of Veterans Affairs filed by All Plaintiffs re #1 Complaint,. (Wisner, Marie) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 3 Correction of Docket Entry by Clerk re #1 Complaint. **1. Filing attorney did not properly format the pdf of the civil cover sheet. The pdf should not have the blue boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. 2. The civil cover sheet submitted was blank.** (mm) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 2 Initial Case Assignment to Judge Sarah S. Vance and Magistrate Judge Joseph C. Wilkinson, Jr. (cc) [Transferred from Louisiana Eastern on 3/8/2023.] |
| Filing 1 COMPLAINT with jury demand against Rebecca Metzinger (Filing fee $ 400 receipt number 053L-7658154) filed by Rebecca Metzinger. (Attachments: #1 Civil Cover Sheet)Attorney Marie Riccio Wisner added to party Rebecca Metzinger(pty:pla).(Wisner, Marie) (Attachment 1 replaced on 5/22/2019) (mm). [Transferred from Louisiana Eastern on 3/8/2023.] |
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