THRASHER v. USA
| DWAYNE THRASHER |
| USA |
| 1:2024cv00085 |
| January 19, 2024 |
| United States Federal Claims Court |
| Edward H Meyers |
| Contract - Other |
| 28 U.S.C. ยง 1491 Tucker Act |
| None |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 **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 3/21/2024. (hw1) |
| Filing 18 MOTION filed by DWAYNE THRASHER, for Extension of Time of 30 days to file the Transfer Complaint. Service: 2/15/2024. Response due by 2/29/2024.(hw1) |
ORDER granting #18 Motion for Extension of Time Transfer Complaint due by 3/18/2024. Signed by Judge Edward H. Meyers. (cmh) Service on parties made.
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| Filing 17 NOTICE of Designation of Electronic Case. (hw1) |
| Filing 16 Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge Edward H. Meyers. (hw1) |
| Filing 15 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 Missouri, Northern Division, Case No.2:23-cv-32-RHH. Original File consisting of the entire record transferred via the CMECF Inter District Case Transfer extract event. Transfer Complaint due by 2/16/2024. (Attachments: #1 Instructions for Transfer Cases - RCFC 3.1) (hw1) |
| Filing 14 CASE TRANSFERRED IN from District of Missouri Eastern. Case number 2:23-cv-00032. Original file, certified copy of transfer order and docket sheet received. |
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Filing 13
MEMORANDUM AND ORDER (See Full Order). IT IS HEREBY ORDERED that Defendant United States of America's Motion for Change of Venue (ECF No. #8 ) is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall TRANSFER this case to the Court of Federal Claims. See 28 U.S.C. 1491. IT IS FURTHER ORDERED that Defendant United States of America's Motion to Dismiss (ECF No. #8 ) is DENIED without prejudice. (Case to be transferred after 1/2/2024.) Signed by Magistrate Judge Rodney H. Holmes on 11/2/2023. (HMA) [Transferred from Missouri Eastern on 1/19/2024.]
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| Filing 12 RESPONSE in Opposition re #8 MOTION to Dismiss Case or in the Alternative, Motion for Change of Venue filed by Plaintiff Dwayne Thrasher. (Westerfeld, Andrew) [Transferred from Missouri Eastern on 1/19/2024.] |
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Filing 11
ORDER. IT IS HEREBY ORDERED that Plaintiff is granted until Tuesday, October 10, 2023, within which to respond to Defendant's Motion to Dismiss, or in the Alternative, Motion for Change of Venue (ECF No. 8). Plaintiff's failure to do so will result in the Court's ruling on Defendants unopposed motion. Response to Court due by 10/10/2023. Signed by Magistrate Judge Rodney H. Holmes on 9/28/23. (EAB) [Transferred from Missouri Eastern on 1/19/2024.]
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| Filing 10 FULL CONSENT has been received by Plaintiff Dwayne Thrasher, Defendant Small Business Administration. (EAB) [Transferred from Missouri Eastern on 1/19/2024.] |
| Filing 9 MEMORANDUM in Support of Motion re #8 MOTION to Dismiss Case or in the Alternative, Motion for Change of Venue filed by Defendant Small Business Administration. (Jones, Joshua) [Transferred from Missouri Eastern on 1/19/2024.] |
| Filing 8 MOTION to Dismiss Case or in the Alternative, Motion for Change of Venue by Defendant Small Business Administration. (Jones, Joshua) [Transferred from Missouri Eastern on 1/19/2024.] |
| Filing 7 SUMMONS Returned Executed as to defendant U.S. Attorney for the Eastern District of Missouri filed by Dwayne Thrasher. (Westerfeld, Andrew) Modified on 9/6/2023 (JEB). [Transferred from Missouri Eastern on 1/19/2024.] |
| Filing 6 SUMMONS Returned Executed filed by Dwayne Thrasher. Attorney General for the United States of America served on 8/28/2023, answer due 10/27/2023. (Westerfeld, Andrew) Modified on 9/6/2023 (JEB). [Transferred from Missouri Eastern on 1/19/2024.] |
| SECOND Notice from Clerk instructing Plaintiff Dwayne Thrasher to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 7/16/2023. (JEB) [Transferred from Missouri Eastern on 1/19/2024.] |
| Notice from Clerk instructing Plaintiff Dwayne Thrasher to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 7/10/2023. (KXS) [Transferred from Missouri Eastern on 1/19/2024.] |
| Filing 5 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto) [Transferred from Missouri Eastern on 1/19/2024.] |
| Filing 4 CLERK'S ORDER (GJL) [COPY OF ORDER ENTERED IN 4:23-CV-00745 RWS]: The above styled and numbered case was opened on June 7, 2023 and assigned to the Eastern Division. Due to a clerical error, the case was randomly assigned as a case number from the Eastern Division. The case should have been filed in the Northern Division. Accordingly, IT IS HEREBY ORDERED that the above styled case is transferred to the Northern Division and randomly reassigned to the Honorable Rodney H. Holmes, United States Magistrate Judge, under cause number 2:23-cv-00032-RHH. IT IS FURTHER ORDERED that cause number 4:23-cv-000745 RWS be administratively closed. (JWD) [Transferred from Missouri Eastern on 1/19/2024.] |
| Filing 3 SUPPLEMENTAL by Plaintiff Dwayne Thrasher. (Attachments: #1 Summons Summons to U.S. Attorney General, #2 Summons Summons to U.S. Attorney for Eastern Missouri)(Westerfeld, Andrew) [Transferred from Missouri Eastern on 1/19/2024.] |
| Amended Case Opening Notification. Judge Assigned: Honorable Rodney H. Holmes. 2 Summons(es) issued and emailed to attorney Andrew A. Westerfeld. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. (JWD) [Transferred from Missouri Eastern on 1/19/2024.] |
| Case Opening Notification. Judge Assigned: Honorable Rodney W. Sippel. 2 Summons(es) issued and emailed to attorney Andrew A. Westerfeld. (JWD) [Transferred from Missouri Eastern on 1/19/2024.] |
| Filing 2 NOTICE of Filing Deficiency re #1 Complaint,. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Original Filing Form not filed. Summons as to United States Attorney General and United States Attorney for the Eastern District of Missouri not filed. This deficiency must be filed in the case record immediately. (JWD) [Transferred from Missouri Eastern on 1/19/2024.] |
| Filing 1 COMPLAINT against defendant Small Business Administration with receipt number AMOEDC-9986673, in the amount of $402 Non-Jury Demand,, filed by Dwayne Thrasher. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Civil Cover Sheet Civil Cover Sheet)(Westerfeld, Andrew) [Transferred from Missouri Eastern on 1/19/2024.] |
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| Plaintiff: DWAYNE THRASHER | |
| Represented By: | Andrew A. Westerfeld |
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| Defendant: USA | |
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