Quinn v. Austin
| Dion Quinn and Pro se litigant Dion Quinn |
| LLOYD J. AUSTIN, III and Christine Wormuth |
| 1:2024cv10285 |
| February 2, 2024 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Paul G Levenson |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 52 MEMORANDUM in Support re #51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction filed by Christine Wormuth. (Attachments: #1 Exhibit A - Notice of Right to File Formal Complaint, #2 Exhibit B - Formal EEO Complaint, #3 Exhibit C - Army's Initial and Amended Complaint Acceptance Letters, #4 Exhibit D - Acknowledgment of Request for Hearing by EEOC, #5 Exhibit E - AJ Orders, #6 Exhibit F - AJ Decision, #7 Exhibit G - Final Agency Decision, #8 Exhibit H - EEOC Decision on Quinn Appeal, #9 Exhibit I - EEOC Decision on Quinn Request for Reconsideration, #10 Affidavit Kimberly Loder-Albritton)(O'Connor, Nicole) |
| Filing 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction by Christine Wormuth.(O'Connor, Nicole) |
| Filing 50 ACKNOWLEDGMENT OF SERVICE Executed by Dion Quinn. All Parties. Acknowledgment filed by Dion Quinn., Notice of Service of Process filed by Dion Quinn. Individual(s)/Entities served: Christine E. WORMUTH. (Attachments: #1 Postal receipts)(Quinn, Dion) |
| Filing 49 ELECTRONIC NOTICE of Case Reassignment. Judge Nathaniel M. Gorton 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 Paul G. Levenson. (Cook, Savannah) |
| Filing 48 Refusal to Consent to Proceed Before a US Magistrate Judge. . (O'Connor, Nicole) |
| Filing 47 Assented to MOTION to Stay Initial Scheduling Deadlines or, Alternatively, to Extend Initial Scheduling Deadlines by Christine Wormuth.(O'Connor, Nicole) |
| Filing 46 NOTICE of Appearance by Nicole M. O'Connor on behalf of Christine Wormuth (O'Connor, Nicole) |
| Filing 45 Magistrate Judge Paul G. Levenson: ELECTRONIC ORDER entered granting 44 Motion for leave to electronically file Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at #https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions #https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm.If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again. Please email contact@mad.uscourts.gov. (Dumoulin, Rose) |
| Filing 43 Magistrate Judge Paul G. Levenson: ELECTRONIC ORDER entered granting #40 MOTION for Extension of Time to Amend Complaint (Dumoulin, Rose) |
| Filing 42 Summons Issued as to Christine Wormuth. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Dumoulin, Rose) |
| Filing 41 AMENDED COMPLAINT against CHRISTINE E. WORMUTH, filed by Dion Quinn. (Attachments: #1 Civil Cover Sheet)(Dumoulin, Rose) |
| Filing 44 MOTION for Leave to file electronically Pro Se by Dion Quinn.(Dumoulin, Rose) |
| Filing 40 MOTION for Extension of Time to Amend Complaint and access to CM/ECF by Dion Quinn.(Dumoulin, Rose) (Dumoulin, Rose). |
| Filing 39 Magistrate Judge Paul G. Levenson: ELECTRONIC ORDER entered granting #38 MOTION for Extension of Time to March 22, 2024 to File Answer or otherwise respond to Plaintiff's Complaint by LLOYD J. AUSTIN, III.(. (Dumoulin, Rose) |
| Filing 38 MOTION for Extension of Time to March 22, 2024 to File Answer or otherwise respond to Plaintiff's Complaint by LLOYD J. AUSTIN, III.(O'Connor, Nicole) |
| Filing 37 CERTIFICATE OF SERVICE pursuant to LR 5.2 by LLOYD J. AUSTIN, III re #36 Notice of Appearance . (O'Connor, Nicole) |
| Filing 36 NOTICE of Appearance by Nicole M. O'Connor on behalf of LLOYD J. AUSTIN, III (O'Connor, Nicole) |
| Filing 35 Magistrate Judge Paul G. Levenson: ELECTRONIC ORDER entered. Plaintiff Dion Quinn is hereby ORDERED to file an Amended Complaint, within 15 days, naming as defendant Christine Wormuth, Secretary of the Army. Counsel for Defendant is hereby ORDERED to notify the Office of the United States Attorney for the District of Massachusetts of the pendency of this matter. Upon appearance of new counsel for Defendant (as currently named or as named in an Amended Complaint), current Counsel for Defendant may but is not required to move to withdraw. (Dumoulin, Rose) |
| Filing 34 NOTICE of Case Assignment. Magistrate Judge Paul G. Levenson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris) |
| Filing 33 Case transferred in from District of Washington Western; Case Number 2:23-cv-00665. |
Filing 32
ORDER granting in part and denying in part Defendant's #26 Motion to Dismiss or Transfer. The Court GRANTS Secretary Austin's motion to transfer venue (Dkt. #26 ) and TRANSFERS this case to the United States District Court for the District of Massachusetts. This case will be sent to the U.S. District Court for the District of Massachusetts by electronic transfer 15 days following the date of this filing. The Court declines to address Secretary Austin's motion to dismiss and therefore DENIES that portion of the motion without prejudice to re-filing it after the transfer has been effected. Signed by Judge James L. Robart. (SS)
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| Filing 31 REPLY, filed by Plaintiff Dion Quinn, TO RESPONSE to #26 MOTION to Dismiss or Transfer (Attachments: #1 Exhibit A-H)(Quinn, Dion) |
| Filing 30 DECLARATION of Erin K. Hoar filed by Defendant Lloyd J Austin, III re #26 MOTION to Dismiss or Transfer (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hoar, Erin) |
| Filing 29 REPLY, filed by Defendant Lloyd J Austin, III, TO RESPONSE to #26 MOTION to Dismiss or Transfer (Hoar, Erin) |
| ***Motion terminated: Plaintiff's #28 MOTION to Amend terminated, re-titled as Response to Motion. (SS) |
| Filing 28 Response to Defendant's #26 Motion to Dismiss, MOTION to Amend, filed by Plaintiff Dion Quinn. (Attachments: #1 Exhibit A-F)(Quinn, Dion) Modified title and event on 11/29/2023 (SS). |
| Filing 27 DECLARATION of Erin K. Hoar in Support of Defendant's Motion to Dismiss filed by Defendant Lloyd J Austin, III re #26 MOTION to Dismiss or Transfer (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hoar, Erin) |
| Filing 26 MOTION to Dismiss or Transfer, filed by Defendant Lloyd J Austin, III. (Attachments: #1 Proposed Order) Noting Date 12/8/2023, (Hoar, Erin) |
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Filing 25
ORDER granting Defendant's #23 Motion for Extension of Time. The FRCP 26(f) Conference Deadline is 3/1/2024, Initial Disclosure Deadline is 3/18/2024, and the Combined Joint Status Report and DiscoveryPlan is due by 3/2/2024. Signed by Judge James L. Robart. (SS)
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| Filing 24 DECLARATION of Erin K. Hoar filed by Defendant Lloyd J Austin, III re #23 MOTION for Extension of Time ; Extension of Initial Scheduling Deadlines #21 (Hoar, Erin) |
| Filing 23 MOTION for Extension of Time ; Extension of Initial Scheduling Deadlines #21 , filed by Defendant Lloyd J Austin, III. (Attachments: #1 Proposed Order) Noting Date 11/10/2023, (Hoar, Erin) |
| Filing 22 NOTICE of Pendency of Other Action in DOD, case number(s) in other court ARMEPCOM20JAN00260; filed by Plaintiff Dion Quinn. (Attachments: #1 Certificate of Service)(Quinn, Dion) |
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Filing 21
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 11/17/2023, FRCP 26(f) Conference Deadline is 10/27/2023, Initial Disclosure Deadline is 11/13/2023. (AD)
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| Filing 20 AFFIDAVIT of Mailing of Summons and Complaint to Austin on 9/28/2023, filed by Plaintiff Dion Quinn. (Quinn, Dion) |
| Filing 19 WAIVER OF SERVICE of Summons upon defendant Dion Quinn mailed on 9/28/2023 (Attachments: #1 Certificate of Service, #2 Exhibit Proof of Service)(Quinn, Dion) |
| Filing 18 NOTICE of Appearance by attorney Erin K Hoar on behalf of Defendant Lloyd J Austin, III. (Hoar, Erin) |
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Filing 17
ORDER: The Court GRANTS Mr. Quinn's request for an extension of Rule 4(m)'s 90-day service deadline. Mr. Quinn shall file proof of service on Mr. Austin by no later than 10/15/2023. Failure to do so may result in the dismissal without prejudice of Mr. Quinn's complaint. Signed by Judge James L. Robart. (SS)
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| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Dion Quinn re: #14 Order to Show Cause, (Attachments: #1 Certificate of Service, #2 Exhibit)(Quinn, Dion) |
| Filing 15 WAIVER OF SERVICE of Summons upon defendant All Parties (Attachments: #1 Proof of service, #2 Certificate of Service)(Quinn, Dion) |
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Filing 14
ORDER TO SHOW CAUSE: The Court ORDERS Plaintiff to SHOW CAUSE by 9/15/2023, why this action should not be dismissed for failure to comply with Rule 4(m). If Plaintiff does not demonstrate good cause for the failure to comply with Rule 4(m), the court will dismiss the action without prejudice. Signed by Judge James L. Robart. (SS)
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| Filing 13 Summons(es) Electronically Issued as to defendant(s) Lloyd J Austin, III. (SS) |
| Filing 12 Praecipe to Issue Summons OBJECTIONS by Plaintiff Dion Quinn (Quinn, Dion) Modified title on 9/1/2023 (SS). |
| Filing 11 NOTICE: Plaintiff Dion Quinn has registered to electronically file and receive electronic service in this case. (LH) |
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Filing 10
ORDER denying Plaintiff's #7 Motion to Appoint Counsel. Without the Screening Committee's recommendation to appoint counsel pursuant to this District's plan for court-appointed representation of civil rights litigants, the court declines to do so. Mr. Quinn is now responsible for pursuing this case without the assistance of counsel. Materials to assist pro se litigants are available on the United States District Court for the Western District of Washington's website. Signed by Judge James L. Robart.(SS) (cc: Plaintiff via USPS)
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Filing 9
MINUTE ORDER re #7 MOTION to Appoint Counsel. The court had ordered the Screening Committee to review the case and make a recommendation to the court in accordance with this District's Pro Bono Plan. The Screening Committee has requested a 21-day extension for this review. The court grants the Screening Committee's requested extension and ORDERS that it complete the aforementioned review and recommendation on or before 8/16/2023. Mr. Quinns motion to appoint counsel (Dkt. #7 ) is re-noted for 8/16/2023. Authorized by Judge James L. Robart. (SS) (cc: Pro Bono Panel, and Plaintiff via USPS)
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Filing 8
ORDER REFERRING TO PRO BONO PANEL. The court DIRECTS the Clerk of the Court to forward Mr. Quinn's complaint (Dkt. #4 ), the motion to appoint counsel (Dkt. #7 ), his financial affidavit (Dkt. #6 ), and any other pleadings and documents filed to date to the Screening Committee. The court ORDERS the Screening Committee to review the case and make a recommendation to the court in accordance with the pro bono plan and the rules for the pro bono panel on or before July 26, 2023. Signed by Judge James L. Robart. (LH) (cc: Pro Bono Coordinator) Modified on 6/27/2023 - cc: Plaintiff via US mail (LH)
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| Filing 7 MOTION to Appoint Counsel, filed by Plaintiff Dion Quinn. Noting Date 8/16/2023 7/26/2023. (LH) Modified noting date on 7/27/2023 (SS). |
| Filing 6 DECLARATION of Finances re #5 Order APPLICATION To Proceed In Forma Pauperis by Plaintiff Dion Quinn. (Attachments: #1 Email Transmission of IFP Form) (CR) Modified documemt title and added linkage on 6/27/2023 (LH) |
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Filing 5
ORDER. The court DEFERS ruling on Mr. Quinn's motion for appointment of counsel and ORDERS Mr. Quinn to file a financial affidavit/declaration describing his financial resources by no later than 6/26/2023. If Mr. Quinn fails to file a financial affidavit/declaration by that date, the court will deny his motion for appointment of counsel. The court DIRECTS the Clerk to note Mr. Quinn's motion for appointment of counsel (Dkt. #4 -1) for 6/26/2023. Signed by Judge James L. Robart. (SB) (cc: Plaintiff via USPS)
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| Filing 4 COMPLAINT against defendant(s) Lloyd J Austin, III with JURY DEMAND (Receipt # 200002179) filed by Dion Quinn. (Attachments: #1 Application for Court-Appointed Counsel, #2 Email Transmission of Amended Petition) (CR) |
| FILING FEE RECEIVED: $ 402.00, receipt number 200002179 (CR) |
| Filing 3 CIVIL COVER SHEET; filed by Plaintiff Dion Quinn. (CR) |
| Filing 2 Notice of Filing Deficiency re #1 PROPOSED Complaint for Employment Discrimination. ***Action Required*** Filing Fee Not Paid, Civil Cover Sheet Omitted.See attached letter for more information and instructions. Filer has until 6/7/2023 to correct IFP application (cc: Plaintiff via USPS w/ IFP and CCS forms) (JWC) |
| Filing 1 PROPOSED Complaint for Employment Discrimination filed by Plaintiff Dion Quinn (Attachments: #1 PROPOSED Motion for Appointment of Counsel, #2 E-mail from Filer) (JWC) |
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