Carter v. Wilson
Plaintiff: WESLEY T. CARTER
Defendant: Heather A. Wilson
Case Number: 8:2019cv01015
Filed: April 4, 2019
Court: US District Court for the District of Maryland
Presiding Judge: Paula Xinis
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 551
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2019 Filing 35 Case transferred in from District of District of Columbia; Case Number 1:17-cv-02143. Original file certified copy of transfer order and docket sheet received.
April 4, 2019 Filing 34 Case transferred to the USDC for the Maryland, pursuant to the Court Order entered 3/25/19. Sent to Court via Extraction. (ztd)
March 25, 2019 Set/Reset Deadlines: Transfer due by 4/4/2019. (dot)
March 25, 2019 Filing 33 Opinion. Signed by Judge Colleen Kollar-Kotelly on 3/25/2019. (lcckk3)
March 25, 2019 Opinion or Order Filing 32 ORDER denying #28 Motion to Dismiss; granting #28 Motion to Transfer Case. Signed by Judge Colleen Kollar-Kotelly on 03/25/2019. (lcckk3)
February 27, 2019 Filing 31 NOTICE OF WITHDRAWAL OF APPEARANCE as to WESLEY T. CARTER. Attorney Gina H. Kim terminated. (Cohen, Barak)
December 11, 2018 Filing 30 REPLY to opposition to motion re #28 MOTION to Dismiss or, Alternatively, MOTION to Transfer Case filed by HEATHER A. WILSON. (Yee, Marsha)
November 27, 2018 Filing 29 Memorandum in opposition to re #28 MOTION to Dismiss or, Alternatively, MOTION to Transfer Case filed by WESLEY T. CARTER. (Attachments: #1 Text of Proposed Order)(Cohen, Barak)
November 5, 2018 Filing 28 MOTION to Dismiss or, Alternatively,, MOTION to Transfer Case by HEATHER A. WILSON (Attachments: #1 Declaration, #2 Text of Proposed Order)(Yee, Marsha)
October 16, 2018 Set/Reset Deadlines: Defendant's Motion to Dismiss due by 11/5/2018. Response due by 11/27/2018. Reply due by 12/11/2018. (dot)
October 16, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of the parties' #27 Joint Status Report. Plaintiff asks for the case to be stayed for an additional 90 days in order to allow him to decide whether he will seek reconsideration of the BCMR's rejection of his claims. Defendant asks that the case continue now that the BCMR has made its decision. If the case continues, Defendant intends to file a motion to dismiss based on improper venue. The Court ORDERS that the case proceed. The Court makes no comment on the merits of Defendant's motion to dismiss. But, the Court decides that it is in the interest of judicial efficiency to proceed with Defendant's potentially dispositive motion. Plaintiff can continue exploring the potential bases for reconsideration of the BCMR's rejection of his claims while the parties brief and the Court considers Defendant's motion to dismiss. If this case is ultimately dismissed and Plaintiff decides to ask for reconsideration of the BCMR's rejection, after the BCMR's reconsideration, Plaintiff can file a new case and designate it as a related case if he so chooses. If the case is not dismissed, the Court will proceed with the case. The Court ORDERS Defendant to file its motion to dismiss by no later than NOVEMBER 5, 2018. The Court further ORDERS Plaintiff to file his Opposition by no later than NOVEMBER 27, 2018 and Defendant to file its Reply by no later than DECEMBER 11, 2018. Signed by Judge Colleen Kollar-Kotelly on 10-16-2018.(lcckk3)
October 15, 2018 Filing 27 Joint STATUS REPORT by HEATHER A. WILSON. (Yee, Marsha)
August 29, 2018 Set/Reset Deadlines: Joint Status Report due by 10/15/2018, updating the Court on whether further proceedings will be necessary in light of the Board's recent decision. (dot)
August 29, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of the parties' #26 Joint Status Report. The parties indicate that the Air Force Board for Correction of Military Records has recently issued a decision on Plaintiff's petition, and Plaintiff needs additional time to review that decision. To give Plaintiff time to review the decision and consider how to proceed, the parties recommend filing another Joint Status Report on or before October 15, 2018. The parties are ORDERED to file a Joint Status Report on or before OCTOBER 15, 2018, updating the Court on whether further proceedings will be necessary in light of the Board's recent decision. Signed by Judge Colleen Kollar-Kotelly on 8/29/2018. (lcckk3)
August 28, 2018 Filing 26 Joint STATUS REPORT by HEATHER A. WILSON. (Yee, Marsha)
July 20, 2018 Filing 25 ERRATA Declaration of Gina H. Kim in Support of Motion for Admission of Attorney Pro Hac Vice by WESLEY T. CARTER #24 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gina H. Kim, :Firm- Perkins Coie LLP, :Address- 700 Thirteenth Street, NW, Ste. 700. Phone No. - 202-654-6266. Fax No. - 202-654-6211 Filing fee $ 100, receipt number 0090-5 filed by WESLEY T. CARTER. (Cohen, Barak)
July 13, 2018 Opinion or Order MINUTE ORDER GRANTING #24 Motion for Leave to Appear Pro Hac Vice of Attorney Gina H. Kim, in order for her to appear as co-counsel for Plaintiff, contingent on said attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than JULY 20, 2018. Counsel shall promptly register for this Court's CM/ECF system. The Court notes that counsel practices law from an office located within D.C. and has already been admitted pro hac vice in this Court once in the past two years. Counsel is on notice that she needs to become a member of this Court if she intends to continue to practice here. Signed by Judge Colleen Kollar-Kotelly on 7/13/2018. (lcckk3)
July 12, 2018 Filing 24 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gina H. Kim, :Firm- Perkins Coie LLP, :Address- 700 Thirteenth Street, NW, Ste. 700. Phone No. - 202-654-6266. Fax No. - 202-654-6211 Filing fee $ 100, receipt number 0090-5584639. Fee Status: Fee Paid. by WESLEY T. CARTER (Attachments: #1 Declaration Declaration of Gina Kim in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order)(Cohen, Barak)
July 3, 2018 Filing 23 NOTICE OF WITHDRAWAL OF APPEARANCE as to WESLEY T. CARTER. Attorney Andrew J. Victor terminated. (Victor, Andrew)
June 18, 2018 Set/Reset Deadlines: Joint Status Report due by 8/28/2018. (dot)
June 18, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of the parties' #22 Joint Status Report. The parties indicate that the Air Force Board for Correction of Military Records has not yet issued a decision on Plaintiff's petition. The Board estimates that it will issue such a decision by August 20, 2018. The parties accordingly recommend filing another Joint Status Report shortly after that date. The parties are ORDERED to file a Joint Status Report on or before AUGUST 28, 2018, updating the Court on whether further proceedings will be necessary in light of the remand in this case. Signed by Judge Colleen Kollar-Kotelly on 6/18/2018. (lcckk3)
June 15, 2018 Filing 22 Joint STATUS REPORT by HEATHER A. WILSON. (Yee, Marsha)
February 23, 2018 Set/Reset Deadlines: Joint Status Report due by 6/15/2018. (dot)
February 23, 2018 Opinion or Order Filing 21 ORDER GRANTING Defendant's #19 Motion to Remand and to Stay this Case. Signed by Judge Colleen Kollar-Kotelly on 2/23/2018. (lcckk3)
February 22, 2018 Filing 20 RESPONSE re #19 MOTION to Remand MOTION to Stay this Case filed by WESLEY T. CARTER. (Victor, Andrew)
February 9, 2018 Filing 19 MOTION to Remand , MOTION to Stay this Case by HEATHER A. WILSON (Attachments: #1 Text of Proposed Order)(Yee, Marsha)
February 9, 2018 Filing 18 ADMINISTRATIVE RECORD (Certified List of the Contents) by HEATHER A. WILSON. (Attachments: #1 Certified AR Index)(Yee, Marsha)
January 30, 2018 Opinion or Order Filing 17 SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 1/30/2018. (lcckk3)
January 30, 2018 Set/Reset Deadlines: Administrative Record due by 2/9/2018. Defendant intends to file a Motion to remand by 2/9/2018; Response due by 2/23/2018; Reply due by 3/2/2018. Defendant's Summary Judgment motion due by 3/8/2018; Response to Motion for Summary Judgment due by 4/5/2018; Reply to Motion for Summary Judgment due by 4/26/2018. Plaintiff's Cross Motion due by 4/5/2018; Response to Cross Motion due by 4/26/2018; Reply to Cross Motion due by 5/10/2018. Joint Appendix due by 5/24/2018. (dot)
January 29, 2018 Filing 16 Joint STATUS REPORT by HEATHER A. WILSON. (Attachments: #1 Text of Proposed Order)(Yee, Marsha)
January 23, 2018 Set/Reset Deadlines: Joint Status Report due by 1/29/2018. (dot)
January 23, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of Defendant's #13 Motion to Stay in Light of Lapse of Appropriations, and Plaintiff's #14 Cross-Motion to Continue and Opposition to the Government's Motion to Stay. Defendant moved to stay this case in light of the lapse of appropriations to the Department of Justice and other executive agencies, but funding for those agencies has now been temporarily restored. Defendant's motion to stay the case in its entirety is accordingly MOOT and therefore DENIED. In light of the temporary government shutdown, and at Plaintiff's request, the Court will extend the parties' deadline to file either a joint motion to remand or a Joint Status Report suggesting a schedule for proceeding in this matter until JANUARY 29, 2018. Signed by Judge Colleen Kollar-Kotelly on 1/23/2018. (lcckk3)
January 22, 2018 Filing 15 Memorandum in opposition to re #13 MOTION to Stay Entire Case in Light of Lapse of Appropriations filed by WESLEY T. CARTER. (See Docket Entry #14 to view document). (znmw)
January 22, 2018 Filing 14 Cross MOTION to Continue and Opposition to the Government's Motion to Stay by WESLEY T. CARTER (Attachments: #1 Exhibit A)(Victor, Andrew)
January 22, 2018 Filing 13 MOTION to Stay Entire Case in Light of Lapse of Appropriations by HEATHER A. WILSON (Attachments: #1 Text of Proposed Order)(Yee, Marsha)
January 12, 2018 Filing 12 NOTICE OF WITHDRAWAL OF COUNSEL (CORRECTED) by WESLEY T. CARTER (Victor, Andrew)
January 11, 2018 Set/Reset Deadlines: Joint motion to remand or Joint Status Report due by 1/22/2018. (dot)
January 11, 2018 Filing 11 NOTICE OF WITHDRAWAL OF APPEARANCE as to WESLEY T. CARTER. Attorney Andrew E. Shipley terminated. (Shipley, Andrew)
January 11, 2018 Filing 10 NOTICE of Appearance by Barak Cohen on behalf of WESLEY T. CARTER (Cohen, Barak)
January 11, 2018 Filing 9 NOTICE of Appearance by Andrew J. Victor on behalf of WESLEY T. CARTER (Victor, Andrew)
January 11, 2018 Filing 8 NOTICE (Joint) Proposing A Schedule by HEATHER A. WILSON (Yee, Marsha)
January 11, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of the parties' #8 Joint Notice. The parties represent that they are discussing a possible remand to the United States Air Force Board for Correction of Military Records. They request that the Court allow them to file either a joint proposed briefing schedule or a joint motion for remand on or before January 22, 2018. The parties are accordingly ORDERED to file either a joint motion to remand or Joint Status Report suggesting a schedule for proceeding in this matter by no later than JANUARY 22, 2018. Signed by Judge Colleen Kollar-Kotelly on 1/11/2018. (lcckk3)
December 21, 2017 Opinion or Order Filing 7 ORDER. The parties shall meet and confer and file a joint notice proposing a schedule for proceeding in this matter by JANUARY 11, 2018. Signed by Judge Colleen Kollar-Kotelly on 12/21/2017. (lcckk3)
December 21, 2017 Set/Reset Deadlines: Joint notice proposing a schedule for proceeding due by 1/11/2018. (kt)
December 20, 2017 Filing 6 ANSWER to Complaint by HEATHER A. WILSON.(Yee, Marsha)
December 20, 2017 Filing 5 NOTICE of Appearance by Marsha Wellknown Yee on behalf of HEATHER A. WILSON (Yee, Marsha)
November 10, 2017 Filing 4 AFFIDAVIT of Mailing by WESLEY T. CARTER. (Attachments: #1 Exhibit)(Shipley, Andrew)
October 19, 2017 Opinion or Order Filing 3 ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 10/19/2017. (DM)
October 18, 2017 Filing 2 SUMMONS (1) Issued Electronically as to HEATHER A. WILSON. (Attachment: #1 Notice and Consent)(jd)
October 18, 2017 SUMMONS Not Issued as to U.S. Attorney General and U.S. Attorney for the District of Columbia(jd)
October 17, 2017 Case Assigned to Judge Colleen Kollar-Kotelly. (jd)
October 17, 2017 Filing 1 COMPLAINT against HEATHER A. WILSON ( Filing fee $ 400 receipt number 0090-5163450) filed by WESLEY T. CARTER. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Shipley, Andrew)

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