Boone v. Austin
| Lyndon D. Boone |
| Lloyd J. Austin, III |
| 5:2022cv00061 |
| May 13, 2022 |
| US District Court for the Western District of Kentucky |
| Claria Horn Boom |
| Lanny King |
| Thomas B Russell |
| Civil Rights: Other |
| 05 U.S.C. § 7703 Discrimination - Review of Agency Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.
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Filing 42
REPLY to Response to Motion re #39 MOTION for Summary Judgment to Affirm MSPB Decision filed by Lloyd J. Austin, III. (Thompson, Timothy)
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Filing 41
REPLY re Defendant's #40 Response to #38 Plaintiff's Brief in Support of Appeal, and RESPONSE to #39 Defendant's Motion for Summary Judgment filed by Lyndon D. Boone. (Gibbons, Darrin) Modified on 5/16/2023: changed docket text to clearly define filing (RLK).
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Filing 40
RESPONSE to re #38 Brief filed by Lloyd J. Austin, III. (Thompson, Timothy)
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Filing 39
MOTION for Summary Judgment to Affirm MSPB Decision by Defendant Lloyd J. Austin, III (Attachments: #1 Proposed Order) (Thompson, Timothy)
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Schedules: Per #37 , Defendant's Brief due in 45 days (4/13/2023). Plaintiff's Response to Brief due within 30 days. Defendant's Reply brief due in 30 days. (RLK)
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Filing 38
PLAINTIFF'S BRIEF IN SUPPORT OF APPEAL by Lyndon D. Boone. (DJT)
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Filing 37
ORDER signed by Judge Claria Horn Boom on 2/24/23; granting #36 Motion for Leave to File; denying #33 Motion to Dismiss; denying #33 Motion for Order to Show Cause: The Clerk of Court is directed to file Plaintiffs Brief in Support of Appeal, [R. #34 ], in the record. Defendant may file his brief in support of the agencys decision within forty-five (45) days of the entry of this Order. Plaintiff may file a response to Defendants brief within thirty (30) days of its filing. Defendant may file a reply to Plaintiffs response within thirty (30) days of its filing. The matter shall then stand submitted to the Court. Plaintiff is WARNED that the failure to comply with this briefing schedule or any other order of the Court may result in dismissal of this action for failure to prosecute. cc: Counsel(DJT)
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Filing 36
MOTION for Leave to File Untimely Brief filed by Lyndon D. Boone. (Gibbons, Darrin) Modified on 2/24/2023: Motion was filed in error by counsel as a Response. Docket changed to reflect filing as a Motion (RLK).
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Filing 35
ORDER by Judge Claria Horn Boom on 2/17/23 re #34 Brief filed by Lyndon D. Boone: The Clerk of Court is directed to STRIKE Plaintiffs Brief in Support of Appeal, [R. #34 ], from the record. On or before Thursday, February 23, 2023, Plaintiff may file a motion seeking leave to file his untimely brief in support of appeal. cc: Counsel (DJT)
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Filing 34
STRICKEN FROM THE RECORD per ORDER #35 entered this date. Modified on 2/21/2023 (DJT).
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Filing 33
MOTION to Dismiss , Or in the Alternative, Motion for Show Cause Order by Defendant Lloyd J. Austin, III (Attachments: #1 Exhibit 1-Emails-12.1 - 12.5, #2 Exhibit 2-Emails-12.5 - 1.10, #3 Proposed Order) (Thompson, Timothy). Added MOTION for Order to Show Cause on 2/3/2023 (RLK).
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Filing 32
ORDER DISCHARGING SHOW CAUSE ORDER by Magistrate Judge Lanny King on 12/2/22 : IT IS HEREBY ORDERED that the Show Cause Order entered on 11/17/2022 [Docket #30 ] is DISCHARGED. The clerk is directed to terminate the deficiency notice. cc: Counsel (DJT)
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Filing 31
RESPONSE TO ORDER TO SHOW CAUSE filed by Lyndon D. Boone. (Gibbons, Darrin)
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Filing 30
SHOW CAUSE ORDER by Magistrate Judge Lanny King on 11/17/22 : IT IS ORDERED that, within fourteen days from entry of this Order, Plaintiff's counsel Darrin Wayne Gibbons must show cause why he has failed to address the deficiency or to cure the deficiency by seeking pro hac vice admission as provided by Local Rule 83.2. cc: Counsel (DJT)
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Filing 29
TEXT ORDER by Judge Claria Horn Boom on 10/18/2022. Pursuant to 28 U.S.C. 636(b)(1)(A) and Fed. R. Civ. P. 72, the Court REFERS this case to United States Magistrate Judge Lanny King for purposes of: 1) resolving all non-dispositive pretrial motions; 2) generally managing discovery, including resolving all discovery disputes and conducting any hearing(s) other than the pretrial conference; 3) generally managing all pretrial scheduling issues, including altering any dates and/or deadlines, except for pretrial conference and trial deadlines; 4) conducting a mid-discovery telephonic conference; and 5) conducting a settlement conference, if requested by the parties. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (RLK)
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Filing 28
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 22-12, this matter is reassigned to the docket of Judge Claria Horn Boom for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel, CM-Boom (KJA)
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Filing 27
ORDER by Senior Judge Thomas B. Russell on 9/29/2022. See order for specific briefing deadlines. The parties shall notify the Court when the briefing is ripe for the Court's consideration. cc: counsel (DeW)
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Filing 26
NOTICE of Filing Administrative Record by Lloyd J. Austin, III (Attachments: #1 Exhibit MSPB Certified Record) (Thompson, Timothy)
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Filing 25
TEXT ORDER by Senior Judge Thomas B. Russell on 9/26/2022. Counsel filed a proposed planning report at Docket #23. The Court will enter a scheduling order using the proposed schedule filed by counsel. The telephonic scheduling conference set on 9/26/2022 is CANCELLED pending further orders from the Court. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KPH)
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Filing 24
TEXT ORDER by Senior Judge Thomas B. Russell on 9/19/2022. Due to the Court's schedule, the Telephonic Scheduling/Status Conference set on 9/21/2022 is CANCELLED and is set on 9/26/2022 at 10:45 a.m. Central. Counsel must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (KPH)
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Filing 23
Joint REPORT of Rule 26(f) Planning Meeting by Lloyd J. Austin, III. (Thompson, Timothy)
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Filing 22
TEXT ORDER by Senior Judge Thomas B. Russell on 9/9/2022. IT IS ORDERED:1. Counsel shall be available for a TELEPHONIC SCHEDULING/STATUS CONFERENCE ON SEPTEMBER 21, 2022 at 10:45 AM CENTRAL TIME. Counsel shall file a proposed agreed scheduling order with the Court by September 16, 2022. Counsel must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call.2. Pursuant to Rule 26(f) Fed.R.Civ.P. counsel shall discuss and establish a discovery plan which shall be submitted to the Court at the scheduling conference either orally during the telephonic conference or in writing. Counsel are directed to make the mandatory disclosures required by Rule 26(a)(l) Fed.R.Civ.P. by said conference date.3. At the Rule 16 telephonic scheduling conference dates will be fixed for the following, as appropriate to the case: a) Joinder of additional parties and amendments to pleadings. b) Disclosure of deadlines for experts. c) Discovery scope, limits and completion. d) Filing of dispositive motions. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KPH)
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Filing 21
JUDGMENT by Senior Judge Thomas B. Russell on 8/23/2022; Motion for Partial Summary Judgment is GRANTED and summary judgment is ENTERED for Defendant on Plaintiff's racial discrimination claim. cc: counsel (DeW)
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Filing 20
MEMORANDUM OPINION AND ORDER Signed by Senior Judge Thomas B. Russell on 8/23/2022 granting #16 Motion for Partial Summary Judgment. IT IS FURTHER ORDERED that Plaintiff's "Reclama," DN 19 , which the Court construes as an improperly filed sur-reply, be STRICKEN from the record. cc: Counsel (DeW)
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Filing 19
STRICKEN FROM THE RECORD pursuant to Court Order DN #20 . (DeW)
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Filing 18
REPLY re #16 Partial MOTION for Judgment on the Pleadings filed by Lloyd J. Austin, III. (Thompson, Timothy)
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Filing 17
RESPONSE to Motion re #16 Partial MOTION for Judgment on the Pleadings Plaintiff's Objection to Defendant's Motion for Judgment on the Pleadings filed by Lyndon D. Boone. (Gibbons, Darrin)
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Filing 16
Partial MOTION for Judgment on the Pleadings by Defendant Lloyd J. Austin, III (Attachments: #1 Proposed Order) (Thompson, Timothy)
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Filing 15
ANSWER to #1 Complaint by Lloyd J. Austin, III. (Thompson, Timothy)
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Filing 14
ORDER signed by Senior Judge Thomas B. Russell on 6/4/2022. Granting #12 Motion for Extension of Time to Answer up to 6/30/2022. cc: Counsel(KJA)
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Filing 13
RESPONSE to Motion re #12 MOTION for Extension of Time to File Answer filed by Lyndon D. Boone. (Gibbons, Darrin)
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Filing 12
MOTION for Extension of Time to File Answer by Defendant Lloyd J. Austin, III (Attachments: #1 Proposed Order) (Thompson, Timothy)
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Filing 11
ATTORNEY NOTICE of Deficiency issued to Attorney Darrin Wayne Gibbons re #9 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 5/27/2022. (JM)
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Filing 10
Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (JM)
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Filing 9
Case transferred in from District of Virginia Eastern; Case Number 3:22-cv-00019. Original file certified copy of transfer order and docket sheet received. (JM)
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Filing 8
MEMORANDUM ORDER (Transferring Case) - The Court hereby GRANTS Defendant's Motion (ECF No. #6 ) and TRANSFERS this action to the Western District of Kentucky. Upon transfer, this case shall be administratively CLOSED. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 5/12/2022. (jpow, ) [Transferred from vaed on 5/13/2022.]
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Filing 7
Memorandum in Support re #6 MOTION to Dismiss for Improper Venue, and alternatively, to transfer venue filed by Lloyd J. Austin, III. (Attachments: #1 Exhibit A, B, 1 through 6)(Wu, Elizabeth) [Transferred from vaed on 5/13/2022.]
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Filing 6
MOTION to Dismiss for Improper Venue, and alternatively, to transfer venue by Lloyd J. Austin, III. (Wu, Elizabeth) [Transferred from vaed on 5/13/2022.]
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Filing 5
NOTICE of Appearance by Elizabeth Catherine Wu on behalf of Lloyd J. Austin, III (Wu, Elizabeth) [Transferred from vaed on 5/13/2022.]
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Filing 4
Summons Issued as to Lloyd J. Austin, III, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (jpow, ) [Transferred from vaed on 5/13/2022.]
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Filing 3
Proposed Summons for AG by Lyndon D. Boone. (Attachments: #1 Proposed Summons USA)(Gibbons, Darrin) [Transferred from vaed on 5/13/2022.]
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Filing 2
Proposed Summons by Lyndon D. Boone. ((Gibbons, Darrin) Modified docket text on 1/13/2022 (jpow, ). [Transferred from vaed on 5/13/2022.]
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Filing 1
Complaint ( Filing fee $ 402, receipt number AVAEDC-8190195.), filed by Darrin Wayne Gibbons. (Attachments: #1 Civil Cover Sheet)(Gibbons, Darrin) (Main Document 1 replaced on 1/11/2022) (jpow, ). [Transferred from vaed on 5/13/2022.]
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Initial Case Assignment to District Judge David J. Novak. (jpow, ) [Transferred from vaed on 5/13/2022.]
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Notice of Correction filing attorney is notified the complaint #1 does not contain the correct nine-element signature block. Please see Signatures: Nine Element Signature block in the E-Filing Policies and Procedures manual. Please include the nine-element signature block on future filings. The attorney has been directed to send the Clerk a corrected version of complaint. Filing attorney has also been notified to file the proposed summonses as soon as possible. (jpow, ) [Transferred from vaed on 5/13/2022.]
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| Plaintiff: Lyndon D. Boone | |
| Represented By: | Darrin Wayne Gibbons |
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| Defendant: Lloyd J. Austin, III | |
| Represented By: | Elizabeth Catherine Wu |
| Represented By: | Timothy D. Thompson |
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