DOE v. BENOIT et al
| J. Q. DOE |
| John Doe, DEFENSE CONTRACT MANAGEMENT AGENCY, DAVID H. LEWIS, Mark T Esper, United States Department of Defense, PATRICK SHANAHAN and ANDREA LYNNE BENOIT |
| 1:2020cv11579 |
| August 24, 2020 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Freedom of Information Act |
| 05 U.S.C. § 552 Freedom of Information Act |
| Plaintiff |
Docket Report
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| Filing 135 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #133 Motion for Leave to File; granting 134 Motion to Seal. The motion to seal, D. 133-34 is ALLOWED to the extent of sealing and redaction of same documents that were sealed and redacted in the D.C. matter. D. 133 at 2. (Hourihan, Lisa) |
| Filing 133 MOTION for Leave to File by J. Q. DOE. (Attachments: #1 Text of Proposed Order)(Currie, Haley) |
| Filing 132 NOTICE of Voluntary Dismissal by J. Q. DOE (Gilliard, Gerald) |
| Filing 131 STATUS REPORT (Revised Joint Status Report) by J. Q. DOE. (Gilliard, Gerald) |
| Filing 130 STATUS REPORT (Joint Status Report) by J. Q. DOE. (Gilliard, Gerald) |
| Filing 129 Withdrawal of motion: #127 MOTION for Leave to File Joint Status Report filed by J. Q. DOE.. (Gilliard, Gerald) |
| Filing 128 MOTION to Stay Proceedings Indefinitely by J. Q. DOE. (Attachments: #1 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 127 MOTION for Leave to File Joint Status Report by J. Q. DOE. (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Joint Status Report, #7 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 126 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #125 Motion to Stay. The Court ALLOWS the assented-to motion to stay case events and deadlines in this case until November 16, 2020. On or before that date, counsel for the parties shall file a joint status report. (Hourihan, Lisa) |
| Filing 125 Consent MOTION to Stay Pending Events and Deadlines (in U.S. Dist. Ct. for Dist. of Massachusetts) by J. Q. DOE. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 124 NOTICE of Appearance by Susan M. Poswistilo on behalf of ANDREA LYNNE BENOIT (Poswistilo, Susan) |
| Filing 123 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #120 Motion for Leave to Appear Pro Hac Vice Added Gerarld L. Gilliard. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Currie, Haley) |
| Filing 122 NOTICE of Withdrawal of Appearance by Susan M. Poswistilo (Poswistilo, Susan) |
| Filing 121 NOTICE of Appearance by Susan M. Poswistilo on behalf of John Doe, Mark T Esper, United States Department of Defense (Poswistilo, Susan) |
| Filing 120 MOTION for Leave to Appear Pro Hac Vice for admission of Gerald L. Gilliard Filing fee: $ 100, receipt number 0101-8388582 by J. Q. DOE. (Attachments: #1 Affidavit Affidavit of Gerald L. Gilliard)(Taylor, Phil) |
| Filing 119 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Danieli, Chris) |
| Filing 118 Case transferred in from District of District of Columbia; Case Number 1:19-cv-01253. |
| Filing 117 Partial MOTION for Reconsideration re #96 Memorandum & Opinion,, Document Sealed, by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 116 MOTION for Reconsideration re #110 Order on Motion for Leave to Proceed Under Pseudonym by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 115 Unopposed MOTION for Extension of Time to File Answer re #111 Amended Complaint by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Set/Reset Deadlines: Answer to third amended complaint due by 8/31/2020, (zjch) |
MINUTE ORDER. Upon consideration of the government's #115 Unopposed Motion for Enlargement of Time, it is ORDERED that the motion is GRANTED. The government shall file its response to the plaintiff's #111 Third Amended Complaint on or before August 31, 2020. So Ordered by Judge Dabney L. Friedrich on August 17, 2020. (lcdlf1)
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MINUTE ORDER. Upon consideration of the plaintiff's #114 Motion for Ruling, the Court clarifies that it will direct the parties to submit a joint status report within ten days of its rulings on the plaintiff's motions for reconsideration. So Ordered by Judge Dabney L. Friedrich on August 12, 2020. (lcdlf1)
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| Filing 114 MOTION for Ruling Regarding Proposed Ten-Day Grace Period re #113 Status Report by J. Q. DOE (Attachments: #1 Text of Proposed Order)(Gilliard, Gerald) |
| Set/Reset Deadlines: Motions for Reconsideration due by 8/18/2020. Responses to Motions for Reconsideration due by 10/2/2020 Replies to Motions for Reconsideration due by 10/26/2020. (zjch) |
| Filing 113 Joint STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Caplen, Robert) |
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MINUTE ORDER. Upon consideration of the government's #112 Unopposed Motion for Enlargement of Time, it is ORDERED that the motion is GRANTED. The government shall file its response to the plaintiff's #111 Third Amended Complaint on or before August 17, 2020. So Ordered by Judge Dabney L. Friedrich on August 4, 2020. (lcdlf1)
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MINUTE ORDER. Upon consideration of the parties' #113 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the plaintiff shall file both motions for reconsideration on or before August 18, 2020; the government shall file oppositions to both motions for reconsideration on or before October 2, 2020; and the plaintiff shall file any reply on or before October 26, 2020. So Ordered by Judge Dabney L. Friedrich on August 4, 2020. (lcdlf1)
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| Set/Reset Deadlines: Answer to amended complaint due by 8/17/2020. (zjch) |
| Filing 112 Unopposed MOTION for Extension of Time to File Answer re #111 Amended Complaint by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Set/Reset Deadlines: Joint Status Report due by 8/4/2020. (zjch) |
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MINUTE ORDER. The Court has been informed by the Courtroom Deputy that the plaintiff intends to file a motion for reconsideration of the Court's #110 Order on the plaintiff's #90 Renewed Motion to Proceed Under Pseudonym and to Seal. Accordingly, the Court directs the parties to file a joint status report providing a proposed briefing schedule on this motion on or before August 4, 2020. If the parties do not agree to a briefing schedule, they should each include their own proposed schedule in the joint status report. In addition, the deadline set in the Court's #110 Order on the plaintiff's #90 Renewed Motion to Proceed Under Pseudonym and to Seal for the parties to file a joint status report recommending how this case should proceed before the Court unseals the plaintiff's name in the case caption and specific filings is VACATED. After resolving the plaintiff's motion for reconsideration, the Court will instruct the parties on whether and when to file that joint status report. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf1)
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| Filing 111 AMENDED COMPLAINT per Minute Orders dated July 14 and 24, 2020 against UNITED STATES DEPARTMENT OF DEFENSE with Jury Demand filed by J. Q. DOE.(Gilliard, Gerald) |
| Set/Reset Deadlines: Status Report due by 8/10/2020 (zjch) |
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Filing 110
ORDER denying plaintiff's #90 Renewed Motion to Proceed Under Pseudonym and to Seal. See text for details. Signed by Judge Dabney L. Friedrich on July 27, 2020. (lcdlf1)
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| Filing 109 Case transferred (Counts IV and V) to the USDC for the USDC of Massachusetts, pursuant to the Court Order entered 07/24/2020. Sent to Court via Electronically. (eg) Modified to add text on 7/29/2020 (znmw). |
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MINUTE ORDER. The Clerk of Court is instructed to sever Counts IV and V and transfer them to the United States District Court for the District of Massachusetts pursuant to the Court's #95 Order granting in part and denying in part the government's #32 Motion to Dismiss in Part and Motion to Strike. So Ordered by Judge Dabney L. Friedrich on July 24, 2020. (lcdlf1)
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MINUTE ORDER. Upon consideration of the parties' proposed redactions to the #96 Sealed Memorandum Opinion regarding the government's #32 Motion to Dismiss in Part and Motion to Strike, the following lines are redacted: lines 16-18 of page 11 of the #96 Memorandum Opinion, which quotes plaintiff's [47-5] sealed Exhibit A. All other proposed redactions are DENIED because they accurately convey the allegations in plaintiff's #30 Second Amended Complaint, which is not under seal. So Ordered by Judge Dabney L. Friedrich on July 24, 2020. (lcdlf1)
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| Filing 108 RESPONSE re #107 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Filing 107 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Gilliard, Gerald) |
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MINUTE ORDER. While the Court reviews the parties' notice of proposed redactions to the #96 Sealed Memorandum Opinion regarding the government's #32 Motion to Dismiss in Part and Motion to Strike, the Clerk of Court is instructed to refrain from severing Counts IV and V and transferring them to the United States District Court for the District of Massachusetts pursuant to the Court's #95 Order granting in part and denying in part the government's #32 Motion to Dismiss in Part and Motion to Strike. So Ordered by Judge Dabney L. Friedrich on July 17, 2020. (lcdlf1)
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MINUTE ORDER. Upon consideration of the defendants' #106 Unopposed Motion Requesting a Scheduling Order for Filing Amended Pleadings, the motion is GRANTED. It is further ORDERED that the plaintiff shall file a Third Amended Complaint that removes stricken paragraphs 20-107 and 155, and deletes Counts III-V from the Second Amended Complaint on or before July 27, 2020; and it is further ORDERED that the defendants shall respond to the Third Amended Complaint on or before August 3, 2020. So Ordered by Judge Dabney L. Friedrich on July 14, 2020. (lcdlf1)
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| Set/Reset Deadlines: Amended Complaint due by 7/27/2020. Answer to Amended Complaint due by 8/3/2020, Status Report due by 10/30/2020 (zjch) |
| Filing 106 Unopposed MOTION for Scheduling Order For Submission of Amended Pleadings by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Filing 105 Joint STATUS REPORT by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Caplen, Robert) |
| Filing 104 NOTICE Regarding Redactions by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re #96 Memorandum & Opinion, Document Sealed (Caplen, Robert) |
| Filing 103 Memorandum in opposition to re #101 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Filing 102 SEALED DOCUMENT filed by J. Q. DOE re Order, #96 Memorandum & Opinion, Document Sealed (This document is SEALED and only available to authorized persons.)(Gilliard, Gerald) |
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MINUTE ORDER. The parties shall file a joint status report on or before October 30, 2020, proposing a schedule for further proceedings on the remaining FOIA claims. To the extent the plaintiff seeks reconsideration of the Court's June 29, 2020 #96 Memorandum Opinion and #95 Order, any such motion shall comply with the timeliness and other requirements of the Federal Rules of Civil Procedure. So Ordered by Judge Dabney L. Friedrich on July 13, 2020. (lcdlf1)
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| Filing 101 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Sealed Reply to Opposition to #99 Sealed Motion to Seal (redacted), #2 Sealed Reply to Opposition to #99 Sealed Motion to Seal (unredacted), #3 Exhibit A, #4 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 100 Memorandum in opposition to re #99 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Filing 99 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 REPLY (redacted), #2 REPLY(unredacted), #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D (redacted), #7 Exhibit D, #8 Exhibit E (redacted), #9 Exhibit E, #10 Exhibit F (redacted), #11 Exhibit F, #12 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 98 MOTION for Leave to File out of Time Reply to [93-2, 93-3] Renewed Motion to Proceed Under Pseudonym by J. Q. DOE (Attachments: #1 Text of Proposed Order)(Gilliard, Gerald) |
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MINUTE ORDER. Despite multiple warnings from the Court that it will not grant any further extensions, today the plaintiff filed yet another request, two minutes after midnight, after the time to file her reply was due, asking for yet another extension, this one just a several hour extension but in reality another full day given that the Court is unlikely to review the motion until hours later. The tactic is not lost on the Court. Nonetheless, the Court will grant the extension and direct the plaintiff to file her reply immediately, no later than 10:00 a.m. today, July 10, 2020. So Ordered by Judge Dabney L. Friedrich on July 10, 2020. (lcdlf1)
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| Set/Reset Deadlines: Replies due by 7/10/2020 at 10:00 AM. (zjch) |
| Set/Reset Deadlines: Transfer due by 7/10/2020. (zjch) |
| Set/Reset Deadlines: Proposed Schedule and notice of proposed redactions to the #96 Sealed Memorandum Opinion due by 7/13/2020. (zjch). |
| Filing 97 Memorandum in opposition to re #90 MOTION to Proceed Under Pseudonym filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Filing 96 UNSEALED MEMORANDUM OPINION regarding the government's #32 Motion to Dismiss in Part and Motion to Strike. See text for details. Signed by Judge Dabney L. Friedrich on June 29, 2020. (lcdlf1) (Main Document 96 replaced on 7/24/2020) (zjch, ). Modified on 7/27/2020 pursuant to minute order filed on 06/29/2020 (eg). |
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Filing 95
ORDER granting in part and denying in part the government's #32 Motion to Dismiss in Part and Motion to Strike. See text for details. Signed by Judge Dabney L. Friedrich on June 29, 2020. (lcdlf1)
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MINUTE ORDER. The parties shall file a notice of proposed redactions to the #96 Sealed Memorandum Opinion on or before July 13, 2020. After that date, the Court will unseal the opinion in full or in part. So Ordered by Judge Dabney L. Friedrich on June 29, 2020. (lcdlf1)
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MINUTE ORDER. By lack of opposition, the plaintiff's #93 and #94 Sealed Motions for Leave to File Documents Under Seal are GRANTED. The plaintiff's #91 Motion for Leave to File Exhibits is DENIED as moot. The Clerk of Court shall SEAL docket numbers 90 and 91 and all attached documents except for documents 90-2 and 91-2. In accordance with the sealing procedues described in the Minute Order of April 30, 2020, the Clerk of Court shall UNSEAL docket numbers 93-1, 93-3, 93-5, 93-7, 93-9, 93-11, 93-13, 93-15, 93-17, 93-19, 93-21, and 93-24. The corrected memorandum and supporting exhibits found at Dkt. 93 shall be the operative documents supporting the plaintiff's #90 Renewed Motion to Proceed by Pseudonym. So Ordered by Judge Dabney L. Friedrich on June 22, 2020. (lcdlf1)
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| Filing 94 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Corrected Exhibit K of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted))(Gilliard, Gerald) |
| Filing 93 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #2 Corrected (Errata) [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #3 Corrected (Errata) [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #4 Errata "Redline" (unredacted), #5 Errata "Redline" (redacted), #6 Exhibit B of [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #7 Exhibit B of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #8 Exhibit C-1 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #9 Exhibit C-1 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #10 Exhibit C-3 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #11 Exhibit C-3 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #12 Exhibit C-4 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #13 Exhibit C-4 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #14 Exhibit C-5 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #15 Exhibit C-5 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #16 Exhibit C-6 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #17 Exhibit C-6 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #18 Exhibit C-7 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #19 Exhibit C-7 of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #20 Exhibit J of [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #21 Exhibit J of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #22 Exhibit K of [90-1] Mem. Supp. Mot. Proceed Pseudonym (unredacted), #23 Exhibit K of [90-1] Mem. Supp. Mot. Proceed Pseudonym (redacted), #24 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 92 ERRATA (Mem. Supp., ECF No. 90-1) by J. Q. DOE #90 MOTION to Proceed Under Pseudonym filed by J. Q. DOE. (Gilliard, Gerald) |
| Filing 91 MOTION for Leave to File Exhibits of [90-1] Supporting Memorandum by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #4 Exhibit B-1 of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #5 Exhibit C of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #6 Exhibit C-2 of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #7 Exhibit D of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #8 Exhibit E of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #9 Exhibit F of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #10 Exhibit G of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #11 Exhibit H of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #12 Exhibit I of [90-1] Mem. Supp. Mot. Proceed Pseudonym, #13 Exhibit L of [90-1] Mem. Supp. Mot. Proceed Pseudonym)(Gilliard, Gerald) |
| Filing 90 MOTION to Proceed Under Pseudonym by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 89 RESPONSE re #88 MOTION for Extension of Time to File Renewed Motion to Proceed Under a Pseudonym filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Filing 88 MOTION for Extension of Time to File Renewed Motion to Proceed Under a Pseudonym by J. Q. DOE (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Gilliard, Gerald) |
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MINUTE ORDER denying the plaintiff's #88 Motion for Extension of Time to File Renewed Motion for the same reasons discussed during the May 29, 2020 teleconference and for lack of good cause shown. So Ordered by Judge Dabney L. Friedrich on June 12, 2020. (lcdlf1)
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| Minute Entry for Telephone Conference held on 5/29/2020 before Judge Dabney L. Friedrich. Parties discussed pending motions and a briefing schedule. Minute Order to follow. Court Reporter Sara Wick. (zjch) |
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MINUTE ORDER. Consistent with the discussion during today's teleconference: The plaintiff's filings at docket numbers 81, 86, and 87 are WITHDRAWN. The government's #82 Motion for Extension of Time is DENIED AS MOOT. The plaintiff shall file, on or before June 12, 2020, a brief addressing the continued justification for the plaintiff to proceed under a pseudonym; the government shall file a response on or before June 29, 2020; and the plaintiff shall file a reply on or before July 9, 2020. So Ordered by Judge Dabney L. Friedrich on May 29, 2020. (lcdlf1)
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| Filing 87 MOTION for Leave to File SURREPLY and Memorandum in Support Thereof by J. Q. DOE (Attachments: #1 Surreply)(Gilliard, Gerald) |
| Filing 86 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Motion for Leave to File Documents Under Seal (Unredacted), #2 Declaration (Redacted), #3 (Unredacted), #4 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 85 REPLY to opposition to motion re #82 MOTION for Extension of Time to File Response/Reply as to #81 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Caplen, Robert) |
| Filing 84 NOTICE by J. Q. DOE re #83 Memorandum in Opposition, (Attachments: #1 Exhibit A of Plaintiff's #83 Memorandum of Opposition)(Gilliard, Gerald) |
| Filing 83 Memorandum in opposition to re #82 MOTION for Extension of Time to File Response/Reply as to #81 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) filed by J. Q. DOE. (Attachments: #1 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 82 MOTION for Extension of Time to File Response/Reply as to #81 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| NOTICE of Hearing: Telephone Conference set for 5/29/2020 at 10:00 AM in Telephonic/VTC before Judge Dabney L. Friedrich. (zjch) |
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MINUTE ORDER. On or before June 9, 2020, the government shall separately respond both to the plaintiff's Motion to Seek Leave to File Sealed Motion for Reconsideration, Dkt. 81, and to the plaintiff's Motion for Reconsideration, Dkt. 81-9. In responding to the Motion to Seek Leave to File Sealed Motion for Reconsideration, the government shall state whether Dkts. 81, 81-5, 81-6, 81-8, and 81-9 should remain under seal, and whether Dkts. 81-1, 81-2, 81-3, 81-4, and 81-7 contain appropriate redactions. So Ordered by Judge Dabney L. Friedrich on May 27, 2020. (lcdlf1)
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MINUTE ORDER. In accordance with the sealing procedures described in the Minute Order of April 30, 2020, the Clerk of Court shall unseal Dkts. 81-1, 81-2, 81-3, 81-4, and 81-7. So Ordered by Judge Dabney L. Friedrich on May 27, 2020. (lcdlf1)
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| Filing 81 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Sealed Motion for Leave to File Motion for Reconsideration (REDACTED), #2 Text of Proposed Order (Sealed Motion to File Motion for Reconsideration Under Seal, #3 Motion for Reconsideration, #4 Memorandum in Support of Motion for Reconsideration (REDACTED), #5 Memorandum in Support of Motion for Reconsideration (UNREDACTED), #6 Exhibit A (Memorandum in Support of Motion for Reconsideration), #7 Second Declaration of Plaintiff (REDACTED), #8 Second Declaration of Plaintiff (UNREDACTED), #9 (Motion for Reconsideration))(Gilliard, Gerald) |
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MINUTE ORDER. Before the Court is the plaintiff's #51 Motion for Sanctions for Witness Tampering. The plaintiff seeks sanctions against defendant Andrea Benoit that include default judgement on all counts. On two independent grounds, the Court will deny the motion.First, the Court does not have the power to sanction Benoit at this stage. The defendants have challenged the Court's personal jurisdiction over Benoit. See Def.'s Mot. to Dismiss, Dkt. 32. But there are only limited circumstances in which the Court can use its equitable powers to sanction a party that contests personal jurisdiction. See, e.g., Ins. Corp. of Ireland, Ltd. v. Compagnie de Bauxites de Guinee, 456 U.S. 694, 702-709 (1982). This circumstance is not one: Benoit has not interfered with the Court's ability to assess the personal jurisdiction question, and the defendants arguments against personal jurisdiction are strong. See id. Second, the Court declines to impose sanctions regardless of its power to do so. A court must use "restraint and discretion" before exercising its equitable sanction powers. Roadway Express, Inc. v. Piper, 447 U.S. 752, 764 (1980). As the plaintiff concedes, she must establish sanctionable misconduct by clear and convincing evidence. See Pl.'s Mem. at 9, Dkt. 51-1. But she has not met this burden: Her motion relies not on evidence but mostly on incorrect presumptions, unsupported suggestions, and attorney argument. The plaintiff's motion is therefore DENIED. So Ordered by Judge Dabney L. Friedrich on May 21, 2020. (lcdlf1)
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| Filing 80 Memorandum in opposition to re #78 MOTION For Leave to File Out of Time Plaintiff's Reply to #67 Defendants' Opposition to #51 Plaintiff's Motion for Sanctions (Renewed Motion) filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Text of Proposed Order)(Caplen, Robert) |
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MINUTE ORDER. Before the Court is the plaintiff's #78 Renewed Motion for Leave to File Out of Time Plaintiff's Reply to the defendant's #67 Opposition to the plaintiff's #51 Motion for Sanctions. The Court will deny the motion. The plaintiff's reply was due on April 20, 2020. If the plaintiff needed more time, she was obligated to seek an extension before that deadline. She failed to do so, and she still has provided no good reason for her failure. Her counsel cites the distracting specter of COVID-19, but that justification carries minimal weight given that her counsel has continued to observe other deadlines in this and other cases. And while the pandemic may go some way toward explaining why she needed more time to file her reply, it does little to explain why she could not at least request an extension on time. In addition, this renewed motion was itself untimely. The plaintiff filed it more than five hours after the Court-ordered deadline of 5 p.m. on May 14, 2020. But she does not explain that delay. Finally, the defendant would face additional prejudice were the Court to sanction the plaintiff's pattern of untimeliness. For these reasons and based on the government's remaining arguments, the plaintiff's motion is DENIED. So Ordered by Judge Dabney L. Friedrich on May 20, 2020. (lcdlf1)
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| Set/Reset Deadlines: Government's Responses due by 5/20/2020 (zjch) |
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MINUTE ORDER. On or before May 20, 2020, the government shall file a response to the plaintiff's #78 Motion for Leave to File Out of Time Plaintiff's Reply. So Ordered by Judge Dabney L. Friedrich on May 18, 2020. (lcdlf1)
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| Filing 79 ERRATA Regarding REPLY (ECF No. 78-8) by J. Q. DOE #78 MOTION For Leave to File Out of Time Plaintiff's Reply to #67 Defendants' Opposition to #51 Plaintiff's Motion for Sanctions (Renewed Motion) filed by J. Q. DOE. (Attachments: #1 Exhibit A (Corrected Reply ECF No. 78-8), #2 Exhibit B (Redline))(Gilliard, Gerald) |
| Filing 78 MOTION For Leave to File Out of Time Plaintiff's Reply to #67 Defendants' Opposition to #51 Plaintiff's Motion for Sanctions (Renewed Motion) by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Exhibit A of Memorandum in Support, #3 Exhibit B of Memorandum in Support, #4 Exhibit C of Memorandum in Support, #5 Exhibit D of Memorandum in Support, #6 Exhibit E of Memorandum in Support, #7 Text of Proposed Order, #8 REPLY, #9 Exhibit A of Reply, #10 Exhibit B of Reply, #11 Exhibit C of Reply)(Gilliard, Gerald) |
| Filing 77 NOTICE OF WITHDRAWAL OF MOTION re #70 by J. Q. DOE (Withdrawal of Motion for Leave (ECF No. 70) (Gilliard, Gerald) Modified to add link on 5/18/2020 (znmw). |
| Set/Reset Deadlines: If the plaintiff wishes to renew filing, she is ORDERED to do so by 5/14/2020. (zjch) |
| Filing 76 REPLY to opposition to motion re #70 Unopposed MOTION for Leave to File Out of Time REPLY to #67 Opposition to #51 MOTION for Sanctions filed by J. Q. DOE. (Attachments: #1 Exhibit A)(Gilliard, Gerald) |
| Filing 75 REPLY to opposition to motion re #71 MOTION to Strike #69 Memorandum in Opposition, (Motion is Opposed by Defendants) filed by J. Q. DOE. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gilliard, Gerald) |
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MINUTE ORDER. Before the Court are four motions by the plaintiff related to the defendants' pending #32 Motion to Dismiss in Part and to Strike and to the plaintiff's #51 Motion for Sanctions. See Dkts. 37, 57, 70, 71. The Court will deny each motion. The plaintiff's #37 Sealed Motion is DENIED because: (1) docket entry 25 already is sealed, making the plaintiff's first request moot; and (2) the plaintiff does not explain under what authority this Court can compel a third party to block access to this case's public docket. The plaintiff's #71 Motion to Strike is DENIED because: (1) the plaintiff did not certify compliance with Local Civil Rule 7(m); (2) the filing that the plaintiff seeks to strike is not a pleading subject to Rule 12(f); and (3) the filing does not contain scandalous or prejudicial material. The plaintiff's #57 Motion to File Supplemental Opposition to the Defendants' Motion to Dismiss and to Strike is DENIED because: (1) the plaintiff not explained why she could not have presented these supplemental arguments in her original opposition; and (2) her opposition is not a pleading subject to amendment under Rule 15. And the plaintiff's #70 Motion for Leave to File Out of Time is DENIED AS MOOT given the plaintiff's intention to withdraw this motion and renew it in subsequent filing. See Dkt. 76 at 5. If the plaintiff wishes to renew this filing, she is ORDERED to do so by 5 p.m. on May 14, 2020. The Court is not inclined to grant future extension requests filed by either party. So Ordered by Judge Dabney L. Friedrich on May 12, 2020. (lcdlf1)
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| Filing 74 Memorandum in opposition to re #70 Unopposed MOTION for Leave to File Out of Time REPLY to #67 Opposition to #51 MOTION for Sanctions filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Caplen, Robert) |
| Filing 73 Memorandum in opposition to re #71 MOTION to Strike #69 Memorandum in Opposition, (Motion is Opposed by Defendants) filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Filing 72 NOTICE of Intention to File Response by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re #70 Unopposed MOTION for Leave to File Out of Time REPLY to #67 Opposition to #51 MOTION for Sanctions (Caplen, Robert) |
| Filing 71 MOTION to Strike #69 Memorandum in Opposition, (Motion is Opposed by Defendants) by J. Q. DOE (Attachments: #1 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 70 WITHDRAWN PURSUANT TO NOTICE FILED 5/14/2020.....Unopposed MOTION for Leave to File Out of Time REPLY to #67 Opposition to #51 MOTION for Sanctions by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Text of Proposed Order, #4 REPLY to #67 Opposition to #51 MOTION for Sanctions, #5 Exhibit A of REPLY, #6 Exhibit B of REPLY, #7 Exhibit C of REPLY)(Gilliard, Gerald) Modified on 5/18/2020 (znmw). |
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MINUTE ORDER. The following procedures shall govern all future sealed filings: (1) the Court will not docket a party's sealed filing unless the party first has moved to file under seal; (2) the motion to file under seal must include both an unredacted version and a redacted version of the proposed sealed filing; (3) absent good cause shown, the Court will promptly unseal the motion to file under seal and the redacted version of the proposed filing; (4) once the Court resolves the motion to file under seal, the Court will separately docket the unredacted proposed filing--either under seal or on the public docket, depending on how the Court resolves the motion. So Ordered by Judge Dabney L. Friedrich on April 30, 2020. (lcdlf1)
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MINUTE ORDER. On April 13, 2020, the Court decided that it would unseal the government's #67 Opposition to the plaintiff's #51 Motion for Sanctions after 15 days unless the plaintiff had moved to keep it under seal. The plaintiff has not so moved. The Clerk of Court shall therefore unseal Dkt. 67 and its attachments. So Ordered by Judge Dabney L. Friedrich on April 30, 2020. (lcdlf1)
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| Filing 69 Memorandum in opposition to re #57 Second MOTION for Leave to File Supplemental Memorandum in Opposition to #32 Motion to Dismiss in Part and To Strike filed by ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: #1 Exhibit 1 (CDC Report), #2 Exhibit 2 (MSBP decision), #3 Text of Proposed Order)(Nebeker, William) |
| NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #66 SEALED MOTION filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE was entered in error and was refiled by counsel as Docket Entry #67 SEALED OPPOSITION. (znmw) |
| Filing 68 NOTICE OF WITHDRAWAL OF MOTION by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re Order on Motion for Leave to File,, #66 SEALED MOTION filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE, #67 Sealed Opposition, And Notice Of Filing Under Seal (Nebeker, William) |
| Filing 67 UNSEALED OPPOSITION filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. re #51 MOTION for Sanctions (Attachments: #1 Declaration Benoit (Second), #2 Declaration Turner (unredacted), #3 Declaration Turner (redacted), #4 Text of Proposed Order)(Nebeker, William) Modified on 5/1/2020 pursuant to Minute Order filed on 4/30/2020 (zeg). |
| Filing 66 ENTERED IN ERROR.....SEALED MOTION filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Declaration Benoit (Second), #2 Declaration Turner(unredacted), #3 Declaration Turner(redacted), #4 Text of Proposed Order)(Nebeker, William) Modified on 4/15/2020 (znmw). |
| Filing 65 NOTICE OF CONSENT by J. Q. DOE re #64 MOTION for Extension of Time to File Response/Reply as to #57 Second MOTION for Leave to File Supplemental Memorandum in Opposition to #32 Motion to Dismiss in Part and To Strike (Gilliard, Gerald) |
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MINUTE ORDER granting, by the consent of the parties, the defendants' #64 Motion for Enlargement of Time. The defendants shall respond to the plaintiff's #57 Renewed Motion to Seek Leave Nunc Pro Tunc to File Plaintiff's Supplemental Opposition on or before April 16, 2020. So Ordered by Judge Dabney L. Friedrich on April 13, 2020. (lcdlf1)
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MINUTE ORDER granting the defendants' #61 Motion for Leave to File Under Seal Temporarily. The defendants may file their opposition to the plaintiffs' Motion for Sanctions for Witness Tampering and accompanying declarations under seal. Those filings shall remain under seal for 15 days. The Court will unseal those filings after 15 days unless the plaintiff files, within the 15-day period, a motion to maintain those filings under seal or to redact portions of the filings. If the plaintiff files such a motion, the filings will remain under seal until the Court resolves the plaintiff's motion. So Ordered by Judge Dabney L. Friedrich on April 13, 2020. (lcdlf1)
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| Filing 64 MOTION for Extension of Time to File Response/Reply as to #57 Second MOTION for Leave to File Supplemental Memorandum in Opposition to #32 Motion to Dismiss in Part and To Strike by ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) |
| Filing 63 REPLY to opposition to motion re #61 MOTION for Leave to File Under Seal, And Memorandum In Support Thereof filed by ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, JOHN DOE, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Nebeker, William) |
| Filing 62 Memorandum in opposition to re #61 MOTION for Leave to File Under Seal, And Memorandum In Support Thereof (Partial Memorandum in Opposition) filed by J. Q. DOE. (Attachments: #1 Exhibit A)(Gilliard, Gerald) Modified link on 4/9/2020 (znmw). |
| Filing 61 MOTION for Leave to File Under Seal, And Memorandum In Support Thereof by ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, JOHN DOE, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #60 MOTION for Leave to File Opposition To Motion For Sanctions and Exhibits Under Seal Temporarily was entered in error and counsel was instructed to refile said pleading with case number. (eg) |
| Filing 60 ENTERED IN ERROR.....MOTION for Leave to File Opposition To Motion For Sanctions and Exhibits Under Seal Temporarily by ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) Modified on 4/8/2020 (eg). |
| Filing 59 MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Sanctions by ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) |
| Filing 58 NOTICE of Appearance by Robert Aaron Caplen on behalf of ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Caplen, Robert) |
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MINUTE ORDER granting the government's #59 Motion for Enlargement of Time. The government shall file a response to the plaintiff's #51 Motion for Sanctions for Witness Tampering on or before April 7, 2020. The plaintiff shall file any reply on or before April 14, 2020. So Ordered by Judge Dabney L. Friedrich on March 31, 2020. (lcdlf1)
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| Filing 57 Second MOTION for Leave to File Supplemental Memorandum in Opposition to #32 Motion to Dismiss in Part and To Strike by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Supplemental Memorandum in Opposition to #32 Motion to Dismiss in Part and To Strike, #4 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 56 NOTICE OF WITHDRAWAL OF MOTION by J. Q. DOE re #54 MOTION for Leave to File Supplemental Memorandum of Opposition to Motion to DIsmiss in Part and to Strike #32 Motion to Dismiss in Part and To Strike (Gilliard, Gerald) |
| Filing 54 WITHDRAWN PURSUANT TO NOTICE FILED 03/26/2020.....MOTION for Leave to File Supplemental Memorandum of Opposition to Motion to DIsmiss in Part and to Strike #32 Motion to Dismiss in Part and To Strike by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Supplemental Memorandum of Opposition, #3 Text of Proposed Order)(Gilliard, Gerald) (Attachment 2 replaced on 3/19/2020 at the request of the filer.) (ztnr) Modified on 3/30/2020 (eg). |
| Filing 55 SEALED DOCUMENT Exhibits filed by J. Q. DOE. re #51 MOTION for Sanctions filed by J. Q. DOE. (This document is SEALED and only available to authorized persons.)(zeg) |
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MINUTE ORDER granting the plaintiff's #52 Sealed Motion for Leave to File Document Under Seal and [52-1] Sealed Motion to File Exhibits Under Seal. The Clerk of Court shall unseal the #52 Sealed Motion for Leave to File Document Under Seal and the [52-1] Sealed Motion to File Exhibits Under Seal. So Ordered by Judge Dabney L. Friedrich on March 18, 2020. (lcdlf1)
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| Filing 53 ERRATA by J. Q. DOE #51 MOTION for Sanctions filed by J. Q. DOE. (Gilliard, Gerald) |
| Filing 52 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Motion to Seal Exhibits, #2 Memorandum in Support, #3 Text of Proposed Order, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I)(Gilliard, Gerald) Modified on 3/19/2020 pursuant Minute Order filled 03/18/2020 (zeg). |
| Filing 51 MOTION for Sanctions by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 49 REPLY to opposition to motion re #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, filed by ANDREA LYNNE BENOIT, MARK T. ESPER, DAVID H. LEWIS, UNITED STATES DEPARTMENT OF DEFENSE. (Nebeker, William) |
| Filing 50 SEALED Exhibits filed by J. Q. DOE. re #46 Sealed Opposition filed by J. Q. DOE. (This document is SEALED and only available to authorized persons.)(zeg) |
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MINUTE ORDER granting the plaintiff's #47 Sealed Motion for Leave to File Document Under Seal and the plaintiff's Sealed Motion to File Exhibits Under Seal, Dkt. 47-2. The Clerk of Court shall unseal the #47 Sealed Motion for Leave to File Document Under Seal. So Ordered by Judge Dabney L. Friedrich on March 3, 2020. (lcdlf1)
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| Filing 48 NOTICE by J. Q. DOE (Gilliard, Gerald) |
| Filing 47 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order Granting Sealed Motion for Leave to File a Sealed Document, #2 Sealed Motion to Seal Exhibits to Amended Opposition Memorandum, #3 Memorandum in Support of Sealed Motion to Seal Exhibits to Amended Opposition Memorandum, #4 Exhibit A of Sealed Motion to Seal Exhibits to Amended Opposition Memorandum, #5 Exhibit A of Amended Opposition Memorandum, #6 Exhibit B of Amended Opposition Memorandum, #7 Exhibit C of Amended Opposition Memorandum, #8 Exhibit D-1 of Amended Opposition Memorandum, #9 Exhibit D-2 of Amended Opposition Memorandum, #10 Exhibit E of Amended Opposition Memorandum, #11 Text of Proposed Order Granting Sealed Motion to Seal Exhibits to Amended Opposition Memorandum)(Gilliard, Gerald) |
| Filing 45 NOTICE by J. Q. DOE (Gilliard, Gerald) |
| Filing 46 SEALED OPPOSITION filed by J. Q. DOE re #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, . (Filed Nunc Pro Tunc to 02/14/2020, pursuant to Order filed 02/18/2020).(zeg) |
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MINUTE ORDER. The plaintiff's #44 Sealed Motion to Seal is GRANTED. The Clerk of Court shall unseal the plaintiff's #44 Sealed Motion to Seal but shall keep the motion's attachments under seal. In addition, the plaintiff's [44-2] Emergency Unopposed Sealed Motion for Leave to Nunc Pro Tunc Amend Plaintiff's Memorandum in Opposition is GRANTED. The Clerk of Court shall seal the plaintiff's #43 Memorandum in Opposition to the Defendant's Motion to Dismiss in Part and Motion to Strike. The Clerk of Court shall also docket separately, under seal, the plaintiff's [44-4] Amended Memorandum in Opposition to the Defendant's Motion to Dismiss in Part and Motion to Strike. So Ordered by Judge Dabney L. Friedrich on February 18, 2020. (lcdlf1)
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| Filing 44 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Emerg. Unopposed Motion for Leave to Amend, #3 Exhibit A of Emerg. Unopposed Motion for Leave to Amend, #4 Amended Memorandum of Opposition to Motion to Dismiss in Part and to Strike, #5 "Redline" of Amendments to Memorandum of Opposition to Motion to Dismiss in Part and to Strike, #6 Text of Proposed Order Granting Emerg. Unopposed Motion for Leave to Amend)(Gilliard, Gerald) |
| Filing 43 Memorandum in opposition to re #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, filed by J. Q. DOE. (Gilliard, Gerald) |
| Filing 42 Emergency MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Gilliard, Gerald) |
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MINUTE ORDER granting the plaintiff's #42 Consent Motion for an Extension of Time. The plaintiff shall respond to the defendants' motion to dismiss and motion to strike on or before February 12, 2020; the defendants shall reply on or before March 11, 2020. So Ordered by Judge Dabney L. Friedrich on February 10, 2020. (lcdlf1)
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MINUTE ORDER granting the plaintiff's #40 Motion for Extension of Time. Accordingly, the plaintiff shall file a response to the defendants' #32 Partial Motion to Dismiss and Motion to Strike on or before February 10, 2020, and the defendants shall file a reply on or before March 5, 2020. So Ordered by Judge Dabney L. Friedrich on January 9, 2020. (lcdlf3)
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| Filing 41 NOTICE OF DEFENDANT'S CONSENT TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME by J. Q. DOE re #40 MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 40 MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, by J. Q. DOE (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 39 Consent MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Gilliard, Gerald) |
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MINUTE ORDER granting the plaintiff's #39 Consent Motion for Extension of Time. The plaintiff shall respond to the defendants' #32 Motion to Dismiss In Part and Motion to Strike on or before January 10, 2020. The defendants shall reply on or before February 6, 2020. So Ordered by Judge Dabney L. Friedrich on December 17, 2019. (lcdlf1)
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| Filing 38 ENTERED IN ERROR.....SEALED DOCUMENT Exhibit A filed by J. Q. DOE. re #25 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) filed by J. Q. DOE. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit B, #2 Exhibit C) (ztth); Modified on 12/6/2019 (ztth). |
| Filing 37 SEALED MOTION filed by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Gilliard, Gerald) |
| Filing 36 MOTION for Leave to File Sealed Motion by J. Q. DOE (Attachments: #1 Text of Proposed Order)(Gilliard, Gerald) |
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MINUTE ORDER granting the plaintiff's #36 Motion to Seek Leave to File Motion Under Seal. So Ordered by Judge Dabney L. Friedrich on December 5, 2019. (lcdlf1)
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| Filing 35 Consent MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Gilliard, Gerald) |
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MINUTE ORDER granting the plaintiff's #35 Consent Motion for an Extension of Time. The plaintiff shall respond to the defendants' #32 Motion to Dismiss In Part and Motion to Strike Amended Complaint on or before December 20, 2019; the defendants shall reply on or before January 10, 2020. So Ordered by Judge Dabney L. Friedrich on November 25, 2019. (lcdlf1)
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| Filing 34 NOTICE Of Filing Under Seal by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re #33 Sealed Document, #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, (Nebeker, William) |
| Filing 33 SEALED DOCUMENT filed by ANDREA LYNNE BENOIT, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re #32 MOTION to Dismiss In Part and MOTION to Strike #30 Amended Complaint, #29 Complaint, (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 1)(Nebeker, William) |
| Filing 32 MOTION to Dismiss In Part and, MOTION to Strike #30 Amended Complaint, #29 Complaint, by DEFENSE CONTRACT MANAGEMENT AGENCY, MARK T. ESPER, DAVID H. LEWIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Declaration Benoit, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Nebeker, William) |
| Filing 31 SUMMONS (1) Issued Electronically as to MARK T. ESPER. (ztth) |
| Filing 30 SECOND AMENDED COMPLAINT against ANDREA LYNNE BENOIT, JOHN DOE, MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE with Jury Demand filed by J. Q. DOE. (ztth) Modified event title on 11/12/2019 (znmw). |
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MINUTE ORDER. The plaintiff has moved for leave to file a second amended complaint. See Dkt. 23. The plaintiff indicates that the defendants oppose the motion. See id. The Court will exercise its discretion to allow the plaintiff to amend the complaint. See Fed. R. Civ. P. 15(a)(2). The Court will not address whether at this stage amendment would be futile because those issues are best presented squarely in any motion to dismiss the amended complaint. It is thus ORDERED that the plaintiff's #23 Motion for Leave to File Second Amended Complaint is GRANTED. The Clerk of Court is directed to docket the #29 Proposed Amended Complaint as the plaintiff's Second Amended Complaint. The Court will not grant leave to amend the complaint further absent extraordinary circumstances. It is further ORDERED that the defendants shall answer or otherwise respond to the Second Amended Complaint on or before November 14, 2019. If the defendants file an answer, the parties shall confer in accordance with Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure and the parties shall file, on or before November 21, 2019, a joint meet and confer report as set forth in Local Civil Rule 16.3(d). After receiving the report, the Court will set a scheduling conference unless the Court determines, on the basis of the report, that a conference is unnecessary. See Local Civil Rule 16.4. If the defendants move to dismiss, the plaintiff shall respond on or before November 28, 2019; the defendants shall reply on or before December 5, 2019. Finally, because the Court grants leave to file the Second Amended Complaint, the defendants' #16 Motion to Dismiss the Complaint In Part and Motion to Strike and the plaintiffs' #25 Motion for Leave to File Document Under Seal and #28 Motion for Extension of Time to File Amended Complaint are DENIED without prejudice as moot. So Ordered by Judge Dabney L. Friedrich on October 31, 2019. (lcdlf1)
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| Filing 29 PROPOSED SECOND AMENDED COMPLAINT (Amended) against ANDREA LYNNE BENOIT, JOHN DOE, UNITED STATES DEPARTMENT OF DEFENSE, MARK T. ESPER with Jury Demand (Fee Status:Filing Fee Waived) filed by J. Q. DOE. (Attachments: #1 Summons)(Gilliard, Gerald) Modified event title on 11/12/2019 (znmw). |
| Filing 28 MOTION for Extension of Time to File Amended Complaint by J. Q. DOE (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 27 NOTICE OF WITHDRAWAL OF MOTION by J. Q. DOE re #24 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Gilliard, Gerald) |
| Filing 26 NOTICE by J. Q. DOE re #25 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Gilliard, Gerald) |
| Filing 25 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Sealed Motion to Strike, #4 Sealed Memorandum in Support of Motion to Strike, #5 Sealed Exhibit A, #6 Sealed Exhibit B, #7 Sealed Declaration , #8 Sealed Declaration of Gerald Gilliard, #9 Proposed Order Granting Sealed Motion to Strike)(Gilliard, Gerald) |
| Filing 24 WITHDRAWN PURSUANT TO NOTICE FILED 10/22/2019.....SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. Q. DOE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Gilliard, Gerald) Modified on 10/24/2019 (znmw). |
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MINUTE ORDER. The plaintiff's #22 Emergency Motion for Extension of Time to file an amended complaint is DENIED as moot in light of the plaintiff's #23 Motion for Leave to File Plaintiff's Second Amended Complaint. The plaintiff shall file a proposed amended complaint on or before October 25, 2019. So Ordered by Judge Dabney L. Friedrich on October 22, 2019. (lcdlf1)
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| Filing 23 MOTION for Leave to File Amendment to First Amended Complaint by J. Q. DOE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 22 Emergency MOTION for Extension of Time to File Motion to Seek Leave to Amend Complaint by J. Q. DOE (Attachments: #1 Text of Proposed Order)(Gilliard, Gerald) |
| Filing 21 Unopposed MOTION for Extension of Time to File Answer re #18 Amended Complaint by UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) |
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MINUTE ORDER. In its Minute Order of August 1, 2019, the Court ordered the plaintiff to file any amended complaint on or before August 8, 2019. On September 19, 2019, the plaintiff filed an untimely amended complaint without first seeking leave to file it. See Fed. R. Civ. P. 15(a)(2) (requiring the opposing party's consent or the Court's leave before a party may amend a pleading). Based on the defendant's #21 Unopposed Motion for Enlargement of Time, the Court understands that the plaintiff intends to file another amended complaint soon. It is ORDERED that the plaintiff shall seek leave to file any amended complaint on or before October 21, 2019. The Court will deny any other requests to amend the complaint filed after that date. It is FURTHER ORDERED that the defendant's #21 Unopposed Motion for Enlargement of Time is GRANTED. If the Court grants the plaintiff leave to file an amended complaint, the defendant shall answer, move to dismiss, or otherwise respond to that complaint within 21 days of the Court granting leave to amend. If the Court does not grant leave to amend, then the plaintiff's original complaint, which the defendant has already moved to dismiss, remains the operative complaint. So Ordered by Judge Dabney Friedrich on October 17, 2019. (lcdlf1)
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| Filing 20 MOTION for Extension of Time to File Answer re #18 Amended Complaint by UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) |
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MINUTE ORDER granting the defendants' #20 Motion for Enlargement of Time. The defendants shall answer or otherwise respond to the plaintiff's first amended complaint on or before October 17, 2019. So Ordered by Judge Dabney L. Friedrich on October 3, 2019. (lcdlf1)
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| Filing 19 NOTICE OF WITHDRAWAL OF APPEARANCE as to J. Q. DOE. Attorney Kelly Brian McClanahan terminated. (McClanahan, Kelly) |
| Filing 18 AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF DEFENSE filed by J. Q. DOE.(McClanahan, Kelly) |
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MINUTE ORDER granting the plaintiff's #17 Unopposed Motion for Enlargement of Time to File Opposition to Defendant's Motion to Dismiss In Part and to Strike. The plaintiff shall file any opposition on or before September 27, 2019; the defendant shall file any reply on or before October 4, 2019. So Ordered by Judge Dabney L. Friedrich on September 13, 2019. (lcdlf1)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss In Part And MOTION to Strike #1 Complaint, by J. Q. DOE (Attachments: #1 Text of Proposed Order)(McClanahan, Kelly) |
| Filing 16 MOTION to Dismiss In Part And, MOTION to Strike #1 Complaint, by DEFENSE CONTRACT MANAGEMENT AGENCY, DAVID H. LEWIS, PATRICK SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) |
| Set/Reset Deadlines: Amended Complaint due by 8/8/2019. Answer due by 8/29/2019. (zcal) |
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MINUTE ORDER granting in part and denying in part the defendants' #15 Unopposed Motion for Enlargement of Time. In light of the defendants' motion and the parties' #14 Stipulation of Dismissal, it is ORDERED that the plaintiff shall file on or before August 8, 2019 any amended complaint. It is further ORDERED that the defendants shall file on or before August 29, 2019 an answer either to the amended complaint, or, if the plaintiffs have not filed an amended complaint, to the original complaint. Signed by Judge Dabney L. Friedrich on August 1, 2019. (lcdlf1)
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by DEFENSE CONTRACT MANAGEMENT AGENCY, DAVID H. LEWIS, PATRICK SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) |
| Filing 14 STIPULATION of Dismissal (Partial) by J. Q. DOE. (McClanahan, Kelly) |
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MINUTE ORDER granting in part and denying in part the defendants' unopposed #13 Request for Extension of Time. Accordingly, it is ORDERED that the defendants shall file their answer or other response to the plaintiff's complaint on or before July 26, 2019. Future requests for time must include the number of previous extensions and will be granted only in extraordinary circumstances. Signed by Judge Dabney L. Friedrich on July 12, 2019. (lcdlf1)
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| Filing 13 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, DAVID H. LEWIS, PATRICK SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) |
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MINUTE ORDER granting the defendants' unopposed #12 Request for Extension of Time. Accordingly, it is ORDERED that the defendants shall file their answer or other response to the plaintiff's complaint on or before July 12, 2019. Future requests for extensions of time must include the number of previous extensions requested and will be granted only in extraordinary circumstances. Signed by Judge Dabney L. Friedrich on June 12, 2019. (lcdlf1)
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| Filing 12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, DAVID H. LEWIS, PATRICK SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: #1 Text of Proposed Order)(Nebeker, William) |
| Filing 11 NOTICE of Appearance by William Mark Nebeker on behalf of ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, DAVID H. LEWIS, UNITED STATES DEPARTMENT OF DEFENSE (Nebeker, William) |
| Filing 10 NOTICE of Appearance by Kelly Brian McClanahan on behalf of J. Q. DOE (McClanahan, Kelly) |
| Filing 9 ERRATA by J. Q. DOE #1 Complaint, filed by J. Q. DOE. (Attachments: #1 Exhibit A)(Gilliard, Gerald) |
| Filing 8 MOTION To Seal re #1 Complaint, by J. Q. DOE (Attachments: #1 Text of Proposed Order)(Gilliard, Gerald); Modified event on 5/9/2019 (tth). |
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MINUTE ORDER granting the plaintiff's #8 Motion to Seal the Complaint. Accordingly, it is ORDERED that the plaintiff's #1 Complaint shall be maintained under seal. Signed by Judge Dabney L. Friedrich on May 8, 2019. (lcdlf1)
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| Filing 7 SUMMONS (7) Issued Electronically as to ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, DAVID H. LEWIS, PATRICK SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General. (Attachment: #1 Notice and Consent) (ztth) |
| Filing 6 SEALED DOCUMENT (Complaint) filed by J. Q. DOE. re #1 Complaint, filed by J. Q. DOE. (This document is SEALED and only available to authorized persons.) (ztth) |
| Filing 5 SEALED DOCUMENT filed by J. Q. DOE. "FILE UNDER SEAL" by Chief Judge Beryl A. Howell on 4/29/2019. (This document is SEALED and only available to authorized persons.) (ztth) |
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Filing 4
MEMORANDUM AND ORDER granting #2 Sealed Motion. Signed by Chief Judge Beryl A. Howell on 4/30/2019. (tth)
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| Filing 3 SEALED DOCUMENT (Reference List) filed by J. Q. DOE. (This document is SEALED and only available to authorized persons.) (ztth) |
| Filing 2 SEALED MOTION filed by J. Q. DOE. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order) (ztth) |
| Filing 1 COMPLAINT against ANDREA LYNNE BENOIT, DEFENSE CONTRACT MANAGEMENT AGENCY, JOHN DOE, DAVID H. LEWIS, PATRICK SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE (Filing fee $ 400, receipt number 4616097810) with Jury Demand filed by J. Q. DOE. (Attachment: #1 Civil Cover Sheet) (tth); Modified - Sealed at the request of counsel on 5/8/2019 (ztth). |
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