MANIGAULT-SPEAKS v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
| DENISE DIANE MANIGAULT-SPEAKS |
| ERIC LYONS, Alex M. Azar, II, CYNTHIA CROOKS, WHITNEY WARREN, DALE DEFILIPS, DEBRA ROBERTS, ROBERT R. REDFIELD, Center for Disease Control and Prevention, SHERRI BERGER, TERRY-LYNN RHETT-RAINEY and United States Department of Health and Human Services |
| 1:2020cv04220 |
| October 13, 2020 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Linda T Walker |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #24 MOTION for Extension of Time to File Responsive Pleadings re: #2 Amended Complaint, -Out of Time, to District Judge William M. Ray II. (ah) |
Filing 26
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (adg) (ADI)
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| Filing 25 MOTION to Dismiss Plaintiff's 1st Amended Compaint with Brief In Support by Alex M. Azar, II, ROBERT R. REDFIELD. (Coty, Darcy) |
| Filing 24 MOTION for Extension of Time to File Responsive Pleadings re: #2 Amended Complaint, -Out of Time with Brief In Support by Alex M. Azar, II, ROBERT R. REDFIELD. (Attachments: #1 Text of Proposed Order)(Coty, Darcy) |
| Clerk's Certificate of Mailing as to DENISE DIANE MANIGAULT-SPEAKS re #23 Order on Motion for Extension of Time,. (ah) |
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Filing 23
ORDER granting #22 Motion for Extension of Time. It is hereby ORDERED that Defendants shall be granted an extension of time to file a responsive pleading to Plaintiff's First Amended Complaint through and including November 20, 2020. Signed by Magistrate Judge Linda T. Walker on 11/4/2020. (ah)
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| Filing 22 MOTION for Extension of Time to File a Responsive Pleading re: #2 Amended Complaint, with Brief In Support by Alex M. Azar, II, ROBERT R. REDFIELD. (Attachments: #1 Text of Proposed Order)(Coty, Darcy) |
| Filing 21 Certification of Consent to Substitution of Counsel. Darcy F. Coty replacing attorney William Chang. (Coty, Darcy) |
| Clerk's Certificate of Mailing as to DENISE DIANE MANIGAULT-SPEAKS re #20 Order. (mec) |
| Clerk's Certificate of Mailing as to Alex M. Azar, II, SHERRI BERGER, CYNTHIA CROOKS, Center for Disease Control and Prevention, DALE DEFILIPS, ERIC LYONS, ROBERT R. REDFIELD, TERRY-LYNN RHETT-RAINEY, DEBRA ROBERTS, United States Department of Health and Human Services, WHITNEY WARREN re #20 Order. (mec) |
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Filing 20
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/28/20. (mec)
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| Filing 19 Case transferred in from District of District of Columbia; Case Number 1:19-cv-02529. Original file certified copy of transfer order and docket sheet received. |
| Filing 18 MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/21/2020. (lcabj2) [Transferred from District of Columbia on 10/13/2020.] |
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Filing 17
ORDER. Pursuant to Federal Rules of Civil Procedure 12 and 58, and for the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED that defendants' motion to dismiss #8 is GRANTED IN PART AND DENIED IN PART. The Court will dismiss the individual defendants - Sherri Berger, Dale DeFilipps, Terry-Lynn Rhett-Rainey, Debra Roberts, Eric Lyons, Cynthia Crooks, and Whitney Warren - and all of plaintiff's non-Title VII claims. It is FURTHER ORDERED that defendants' alternative motion to transfer the case #8 is GRANTED. The Clerk of the Court is hereby directed to transfer this matter to the United States District Court for the Northern District of Georgia. Finally, plaintiff's motion for CM/ECF password #5 will be DENIED without prejudice to its renewal in the transferee court in accordance with its local rules. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/21/2020. (lcabj2) [Transferred from District of Columbia on 10/13/2020.]
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| Filing 16 SURREPLY re #8 MOTION to Dismiss MOTION to Transfer Case filed by DENISE DIANE MANIGAULT-SPEAKS. (zjf) [Transferred from District of Columbia on 10/13/2020.] |
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MINUTE ORDER. It is ORDERED that plaintiff's motion for a hearing #14 is DENIED without prejudice. The Court will set a hearing if and when it deems it necessary to do so. It is FURTHER ORDERED that plaintiff's motion for leave to file a sur-reply is GRANTED. The Clerk of the Court is directed to docket plaintiff's sur-reply [15-1]. The motions to dismiss and transfer the case #8 are fully briefed and under advisement; plaintiff must await their resolution before filing additional pleadings. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/22/2020. (lcabj2) [Transferred from District of Columbia on 10/13/2020.]
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| Filing 15 MOTION for Leave to File Surreply by DENISE DIANE MANIGAULT-SPEAKS (Attachments: #1 Exhibit Surreply, #2 Text of Proposed Order)(zjf) [Transferred from District of Columbia on 10/13/2020.] |
| Filing 14 MOTION for Oral Argument re #8 MOTION to Dismiss MOTION to Transfer Case by DENISE DIANE MANIGAULT-SPEAKS (zjf) ( [Transferred from District of Columbia on 10/13/2020.] |
| Filing 13 REPLY to opposition to motion re #8 MOTION to Dismiss MOTION to Transfer Case filed by ALEX M. AZAR, II, SHERRI BERGER, CENTER FOR DISEASE CONTROL AND PREVENTION, CYNTHIA CROOKS, DALE DEFILIPS, ERIC LYONS, ROBERT R. REDFIELD, TERRY-LYNN RHETT-RAINEY, DEBRA ROBERTS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHITNEY WARREN. (Chang, William) [Transferred from District of Columbia on 10/13/2020.] |
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MINUTE ORDER granting #12 Motion for Extension of Time. Defendants must file their reply in support of their motion to dismiss, or alternatively, to transfer #8 , by July 1, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/11/2020. (lcabj2) [Transferred from District of Columbia on 10/13/2020.]
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| Filing 12 Consent MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss MOTION to Transfer Case by ALEX M. AZAR, II, SHERRI BERGER, CENTER FOR DISEASE CONTROL AND PREVENTION, CYNTHIA CROOKS, DALE DEFILIPS, ERIC LYONS, ROBERT R. REDFIELD, TERRY-LYNN RHETT-RAINEY, DEBRA ROBERTS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHITNEY WARREN (Attachments: #1 Text of Proposed Order)(Chang, William) [Transferred from District of Columbia on 10/13/2020.] |
| Filing 11 RESPONSE re #8 MOTION to Dismiss MOTION to Transfer Case filed by DENISE DIANE MANIGAULT-SPEAKS. (zjf) [Transferred from District of Columbia on 10/13/2020.] |
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MINUTE ORDER granting #10 Motion for Extension of Time. Plaintiff must file a response to defendants' motion to dismiss and motion to transfer #8 by June 1, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/15/2020. (lcabj2) [Transferred from District of Columbia on 10/13/2020.]
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| Filing 10 Consent MOTION for Extension of Time to File Response as to #8 MOTION to Dismiss MOTION to Transfer Case by DENISE DIANE MANIGAULT-SPEAKS (jf) [Transferred from District of Columbia on 10/13/2020.] |
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Filing 9
ORDER. It is ORDERED that plaintiff shall file a response to defendants' motion to dismiss #8 on or before May 11, 2020. If plaintiff fails to file a timely response, the Court will grant the motion to dismiss as conceded. It is FURTHER ORDERED that counsel for defendants shall promptly provide a copy of this Order to pro se plaintiff. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/13/2020. (lcabj2) [Transferred from District of Columbia on 10/13/2020.]
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| Filing 8 MOTION to Dismiss , MOTION to Transfer Case by ALEX M. AZAR, II, SHERRI BERGER, CENTER FOR DISEASE CONTROL AND PREVENTION, CYNTHIA CROOKS, DALE DEFILIPS, ERIC LYONS, ROBERT REDFIELD, TERRY-LYNN RHETT-RAINEY, DEBRA ROBERTS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHITNEY WARREN (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Text of Proposed Order)(Chang, William). Added MOTION to Transfer Case on 4/10/2020 (jf). [Transferred from District of Columbia on 10/13/2020.] |
| NOTICE OF ERROR re #8 Motion to Dismiss; emailed to william.chang2@usdoj.gov, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel is reminded to select all events to their filing (zjf, ) [Transferred from District of Columbia on 10/13/2020.] |
| Filing 7 NOTICE of Appearance by William Chang on behalf of All Defendants (Chang, William) [Transferred from District of Columbia on 10/13/2020.] |
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MINUTE ORDER granting #6 Motion for Extension of Time. Plaintiff must effect service of process by May 17, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/26/2020. (lcabj2) [Transferred from District of Columbia on 10/13/2020.]
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| Filing 6 MOTION for Extension of Time re Service of Process by DENISE DIANE MANIGAULT-SPEAKS (jf) [Transferred from District of Columbia on 10/13/2020.] |
| Filing 5 MOTION for CM/ECF Password by DENISE DIANE MANIGAULT-SPEAKS (jf) [Transferred from District of Columbia on 10/13/2020.] |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SHERRI BERGER served on 2/4/2020; CENTER FOR DISEASE CONTROL AND PREVENTION served on 2/4/2020; CYNTHIA CROOKS served on 2/7/2020; DALE DEFILIPS served on 2/4/2020; ERIC LYONS served on 2/4/2020; TERRY-LYNN RHETT-RAINEY served on 2/4/2020; DEBRA ROBERTS served on 2/4/2020; WHITNEY WARREN served on 2/4/2020 (jf) [Transferred from District of Columbia on 10/13/2020.] |
| SUMMONS (3) REISSUED as to ALEX M. AZAR, II, ROBERT REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (adh, ) [Transferred from District of Columbia on 10/13/2020.] |
| Summons (11) Issued as to ALEX M. AZAR, II, SHERRI BERGER, CENTER FOR DISEASE CONTROL AND PREVENTION, CYNTHIA CROOKS, DALE DEFILIPS, ERIC LYONS, ROBERT REDFIELD, TERRY-LYNN RHETT-RAINEY, DEBRA ROBERTS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHITNEY WARREN. (adh, ) [Transferred from District of Columbia on 10/13/2020.] |
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MINUTE ORDER granting #3 plaintiffs motion for extension of time. Plaintiff must serve defendants by February 17, 2020. Plaintiffs motion for ECF password is DENIED without prejudice, because plaintiff failed to comply with Local Rule of Civil Procedure 5.4(b)(2). SO ORDERED. Signed by Judge Amy Berman Jackson on 11/18/2019. (lcabj2) [Transferred from District of Columbia on 10/13/2020.]
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| Filing 3 MOTION for Extension of Time for Service of Process, MOTION for CM/ECF Password by DENISE DIANE MANIGAULT-SPEAKS (jf) [Transferred from District of Columbia on 10/13/2020.] |
| Filing 2 FIRST AMENDED COMPLAINT against SHERRI BERGER, CENTER FOR DISEASE CONTROL AND PREVENTION, CYNTHIA CROOKS, DALE DEFILIPS, ERIC LYONS, TERRY-LYNN RHETT-RAINEY, DEBRA ROBERTS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHITNEY WARREN, ALEX M. AZAR, II, ROBERT REDFIELD with Jury Demand filed by DENISE DIANE MANIGAULT-SPEAKS.(jf) [Transferred from District of Columbia on 10/13/2020.] |
| Filing 1 COMPLAINT against SHERRI BERGER, CYNTHIA CROOKS, DALE DEFILIPS, ENTER FOR DISEASE CONTROL AND PREVENTION, TERRY-LYNN RHETT-RAINEY, DEBRA ROBERTS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHITNEY WARREN ( Filing fee $ 400, receipt number 4616100291) with Jury Demand filed by DENISE DIANE MANIGAULT-SPEAKS. (Attachments: #1 Civil Cover Sheet)(jf) [Transferred from District of Columbia on 10/13/2020.] |
| SUMMONS Not Issued as to SHERRI BERGER, CYNTHIA CROOKS, DALE DEFILIPS, ENTER FOR DISEASE CONTROL AND PREVENTION, TERRY-LYNN RHETT-RAINEY, DEBRA ROBERTS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHITNEY WARREN (jf) [Transferred from District of Columbia on 10/13/2020.] |
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