BURKE et al v. UNTIED STATES
Plaintiff: DARLA BURKE, KEVIN BURKE, JACOB BURKE and ELIZABETH BURKE-O'BEIRNE
Defendant: UNITED STATES DEPARTMENT OF THE NAVY, NAVAL CRIMINAL INVESTIGATIVE SERVICES and UNITED STATES
Case Number: 3:2023cv16728
Filed: June 28, 2023
Court: US District Court for the Northern District of Florida
Office: Pensacola Office
Presiding Judge: ZACHARY C BOLITHO
Referring Judge: M CASEY RODGERS
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1346 Tort Claim
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2023 Opinion or Order Filing 19 ORDER. The Clerk is directed to designate the motion, ECF No. #10 , as pending on the Court's docket and refer it to chambers together with the response, ECF No. #15 , and the reply, ECF No. #16 , which the Court will consider and rule on in due course. Signed by JUDGE M CASEY RODGERS on 6/29/2023. (mb)
June 29, 2023 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #16 Reply to #15 Response to #10 MOTION to Dismiss or, in the Alternative, to Transfer Venue. (mb)
June 28, 2023 Opinion or Order Filing 18 Case electronically transferred in from District of Texas Northern; Case Number 4:23-cv-00259. Original file with documents number 1 - 17 received.
June 28, 2023 Opinion or Order Filing 17 Opinion and Order: Before the Court is a Motion to Dismiss or, in the alternative, to Transfer Venue to the Pensacola Division of the Northern District of Florida. ECF. No. #10 . Defendant's alternative Motion to Transfer is GRANTED IN PART. This case is hereby TRANSFERRED to the Pensacola Division of the Northern District of Florida. (See order for specifics) (Ordered by Judge Mark Pittman on 6/28/2023) (fba) [Transferred from Texas Northern on 6/28/2023.]
June 28, 2023 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #17 Opinion and Order: Before the Court is a Motion to Dismiss or, in the alternative, to Transfer Venue to the Pensacola Division of the Northern District of Florida. ECF. No. #10 . Defendant's alternative Motion to Transfer is GRANTED IN PART. (mb)
June 28, 2023 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #10 MOTION to Dismiss or, in the Alternative, to Transfer Venue. (please see proposed ISO). (mb)
June 12, 2023 Opinion or Order Filing 16 REPLY filed by United States re: #10 MOTION to Dismiss or, in the Alternative, to Transfer Venue (Delaney-DOJ, Sarah) [Transferred from Texas Northern on 6/28/2023.]
June 5, 2023 Opinion or Order Filing 15 RESPONSE filed by Darla Burke, Jacob Burke, Kevin Burke, Elizabeth Burke-O'Beirne re: #10 MOTION to Dismiss or, in the Alternative, to Transfer Venue (Brennan, Ross) [Transferred from Texas Northern on 6/28/2023.]
May 26, 2023 Opinion or Order Filing 14 ORDER...Before the Court is Plaintiffs' Unopposed Motion to Substitute United States as the Sole Defendant. ECF No. #13 . Having considered the motion, and noting that it is unopposed, the Court GRANTS the motion. Defendant's Motion to Dismiss or, in the Alternative, to Transfer Venue (ECF No. #10 ), to the extent it seeks dismissal based on incorrect identification of Defendant, is hereby DENIED as moot. United States added. (Ordered by Judge Mark Pittman on 5/26/2023) (wxc) [Transferred from Texas Northern on 6/28/2023.]
May 26, 2023 Opinion or Order Filing 13 MOTION to Substitute Party filed by Darla Burke, Jacob Burke, Kevin Burke, Elizabeth Burke-O'Beirne with Brief/Memorandum in Support. (Brennan, Ross) [Transferred from Texas Northern on 6/28/2023.]
May 23, 2023 Opinion or Order Filing 12 ORDER: Before the Court is Defendant's Motion to Dismiss or in the Alternative to Transfer Venue ("Motion"). ECF No. #10 . Having reviewed the Motion, the Court concludes that it would benefit from an expedited response from Plaintiff. The Court has serious questions as to whether this action is better suited in the Northern District of Florida. The Court therefore ORDERS Plaintiff to file a response to Defendant's Motion (ECF No. #10 ) on or before June 6, 2023. (Ordered by Judge Mark Pittman on 5/23/2023) (sre) [Transferred from Texas Northern on 6/28/2023.]
May 22, 2023 Opinion or Order Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by United States Department of the Navy. (Clerk QC note: No affiliate entered in ECF). (Delaney-DOJ, Sarah) [Transferred from Texas Northern on 6/28/2023.]
May 22, 2023 Opinion or Order Filing 10 MOTION to Dismiss or, in the Alternative, to Transfer Venue filed by United States Department of the Navy with Brief/Memorandum in Support. Attorney Sarah Elizabeth Delaney-DOJ added to party United States Department of the Navy(pty:dft) (Delaney-DOJ, Sarah) [Transferred from Texas Northern on 6/28/2023.]
April 24, 2023 Opinion or Order Filing 9 SUMMONS Returned Executed as to United States Department of the Navy ; served on 4/24/2023. (Brennan, Ross) [Transferred from Texas Northern on 6/28/2023.]
April 4, 2023 Opinion or Order Filing 8 SUMMONS Returned Executed as to United States Department of the Navy ; served on 3/22/2023. (Brennan, Ross) [Transferred from Texas Northern on 6/28/2023.]
April 4, 2023 Opinion or Order Filing 7 SUMMONS Returned Executed as to United States Department of the Navy ; served on 3/20/2023. (Brennan, Ross) [Transferred from Texas Northern on 6/28/2023.]
March 15, 2023 Opinion or Order Filing 6 Summons issued as to United States Department of the Navy, U.S. Attorney, and U.S. Attorney General per #4 . (sre) [Transferred from Texas Northern on 6/28/2023.]
March 15, 2023 Opinion or Order Filing 5 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) [Transferred from Texas Northern on 6/28/2023.]
March 15, 2023 Opinion or Order Filing 4 Request for Clerk to issue summons (combined) filed by Darla Burke, Jacob Burke, Kevin Burke, Elizabeth Burke-O'Beirne. (Brennan, Ross) [Transferred from Texas Northern on 6/28/2023.]
March 15, 2023 Opinion or Order Filing 3 ADDITIONAL ATTACHMENTS to #1 Complaint, by Plaintiffs Darla Burke, Jacob Burke, Kevin Burke, Elizabeth Burke-O'Beirne. (Brennan, Ross) Modified on 3/15/2023 (sre). [Transferred from Texas Northern on 6/28/2023.]
March 15, 2023 Opinion or Order Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Darla Burke, Jacob Burke, Kevin Burke, Elizabeth Burke-O'Beirne. (Clerk QC note: No affiliate entered in ECF). (Brennan, Ross) [Transferred from Texas Northern on 6/28/2023.]
March 15, 2023 Opinion or Order Filing 1 COMPLAINT against United States Department of the Navy and Naval Criminal Investigative Services of filed by Kevin Burke, Darla Burke, Jacob Burke, Elizabeth Burke-O'Beirne. (ATXNDC-13591009, $402.00) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 FTCA denial) (Brennan, Ross) Modified on 3/15/2023 (sre). Modified on 3/15/2023 (sre). [Transferred from Texas Northern on 6/28/2023.]

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Plaintiff: DARLA BURKE
Represented By: ROSS ALAN BRENNAN
Represented By: JAMSHYD (JIM) M ZADEH
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Plaintiff: KEVIN BURKE
Represented By: ROSS ALAN BRENNAN
Represented By: JAMSHYD (JIM) M ZADEH
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Plaintiff: JACOB BURKE
Represented By: ROSS ALAN BRENNAN
Represented By: JAMSHYD (JIM) M ZADEH
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Plaintiff: ELIZABETH BURKE-O'BEIRNE
Represented By: ROSS ALAN BRENNAN
Represented By: JAMSHYD (JIM) M ZADEH
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Defendant: UNITED STATES DEPARTMENT OF THE NAVY
Represented By: SARAH ELIZABETH DELANEY-DOJ
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Defendant: NAVAL CRIMINAL INVESTIGATIVE SERVICES
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Defendant: UNITED STATES
Represented By: SARAH ELIZABETH DELANEY-DOJ
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