Smock v. Lipnic et al
Plaintiff: Joseph Smock
Defendant: Joseph L. Lengyel, Heather Wilson, Victoria A. Lipnic, Patrick M. Shanahan and Paul Rogers
Case Number: 1:2019cv00795
Filed: October 1, 2019
Court: US District Court for the Western District of Michigan
Presiding Judge: Sally J Berens
Referring Judge: Ellen S Carmody
2 Judge: Janet T Neff
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 28 U.S.C. § 1361
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2019 Opinion or Order Filing 39 ORDER regarding responses to pre-motion conference requests #32 , #36 ; Plaintiff/Petitioner's responses due no later than 11/25/2019; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
November 8, 2019 Opinion or Order Filing 38 ORDER granting motions for extension of time #33 , #37 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
November 8, 2019 Filing 37 MOTION for extension of time to file responsive pleading by defendant Paul Rogers; (Attachments: #1 Attachment Certificate of Concurrence) (Waskiewicz, M.)
November 8, 2019 Filing 36 REQUEST for pre-motion conference by defendant Paul Rogers (Waskiewicz, M.)
November 8, 2019 Filing 35 CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION for extension of time to respond to Plaintiff's complaint #33 filed by Joseph L. Lengyel, Victoria A. Lipnic, Patrick M. Shanahan, Heather Wilson (Almassian, Carolyn)
November 8, 2019 Filing 34 MEMORANDUM in support of Motion for Extension of Time #33 filed by Joseph L. Lengyel, Victoria A. Lipnic, Patrick M. Shanahan, Heather Wilson (Attachments: #1 Proposed Order) (Almassian, Carolyn)
November 8, 2019 Filing 33 UNOPPOSED MOTION for extension of time to respond to Plaintiff's complaint by defendants Joseph L. Lengyel, Victoria A. Lipnic, Patrick M. Shanahan, Heather Wilson; (Almassian, Carolyn)
November 8, 2019 Filing 32 REQUEST for pre-motion conference by defendants Heather Wilson, Patrick M. Shanahan, Victoria A. Lipnic, Joseph L. Lengyel by defendants Heather Wilson, Patrick M. Shanahan, Victoria A. Lipnic, Joseph L. Lengyel; (Almassian, Carolyn)
November 2, 2019 Filing 31 NOTICE that this case is reassigned to Sally J. Berens under #Administrative Order No. 19-CA-093, Magistrate Judge Ellen S. Carmody is no longer assigned to the case (sjc)
October 16, 2019 Opinion or Order Filing 30 ORDER granting #27 joint motion for extension of time; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
October 15, 2019 Filing 29 CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION for extension of time to file Answer or Otherwise Plead #27 filed by Joseph L. Lengyel, Victoria A. Lipnic, Patrick M. Shanahan, Heather Wilson (Almassian, Carolyn)
October 15, 2019 Filing 28 MEMORANDUM in support of Motion for Extension of Time #27 filed by Joseph L. Lengyel, Victoria A. Lipnic, Patrick M. Shanahan, Heather Wilson (Attachments: #1 Proposed Order Order Granting Extension of Time in Which to File Answer or Otherwise Plead) (Almassian, Carolyn)
October 15, 2019 Filing 27 JOINT MOTION for extension of time to file Answer or Otherwise Plead by defendants Joseph L. Lengyel, Victoria A. Lipnic, Patrick M. Shanahan, Heather Wilson; (Almassian, Carolyn)
October 10, 2019 Filing 26 ATTORNEY SUBSTITUTION adding attorney Carolyn A. Almassian in the place of Jeremy S. Simon (Almassian, Carolyn)
October 4, 2019 Filing 25 ATTORNEY ADMISSION LETTER sent to attorney Jeremy S. Simon; attorney admission deadline set for 11/1/2019; (ns)
October 4, 2019 Filing 24 NOTICE that this case has been assigned Janet T. Neff (ns)
October 4, 2019 Filing 23 (DISREGARD) NOTICE of receipt of case (ns) Modified text on 10/4/2019 (ns).
October 4, 2019 Filing 22 (DISREGARD) NOTICE of receipt of case (ns) Modified text on 10/4/2019 (ns).
October 4, 2019 Copy of Notice Regarding Assignment of Case #24 sent via U.S. Mail to Jeremy S. Simon (ns)
October 3, 2019 Filing 21 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Carmody indicating that this case is related to case 1:19-cv-794 (jlg)
October 1, 2019 Filing 20 CASE TRANSFERRED IN from District of Columbia, their case number 1:19-cv-01381; the documents listed above were electronically transferred to the Western District of Michigan (jlg)
September 29, 2019 Opinion or Order MINUTE ORDER granting Motion to Transfer Case #19 : Upon consideration of the Joint Motion to Transfer Venue, and the entire record herein, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that this action shall be transferred forthwith to the United States District Court for the Western District of Michigan, Southern Division; and it is FURTHER ORDERED that Defendants shall have 30 days after this case is docketed in the United States District Court for the Western District of Michigan to answer or otherwise respond to the Complaint. Signed by Judge Ellen S. Huvelle on September 29, 2019.(AG) [Transferred from District of Columbia on 10/1/2019.]
September 27, 2019 Filing 19 Joint MOTION to Transfer Case by JOSEPH LENGYEL, VICTORIA A. LIPNIC, PATRICK M. SHANAHAN, HEATHER WILSON (Attachments: #1 Proposed Order)(Simon, Jeremy) [Transferred from District of Columbia on 10/1/2019.]
September 5, 2019 Filing 18 MOTION for Extension of Time to File Answer by PAUL ROGERS (Attachments: #1 Exhibit Proposed Order)(Waskiewicz, Mary) [Transferred from District of Columbia on 10/1/2019.]
September 5, 2019 Filing 17 Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by JOSEPH LENGYEL, VICTORIA A. LIPNIC, PATRICK M. SHANAHAN, HEATHER WILSON (Attachments: #1 Proposed Order)(Simon, Jeremy) [Transferred from District of Columbia on 10/1/2019.]
September 5, 2019 Opinion or Order MINUTE ORDER granting #17 Consent Motion for Extension of Time: Upon consideration of the Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint, and the entire record herein, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that the Federal Defendants shall have to, and including, October 8, 2019, to answer or otherwise respond to the Complaint. Signed by Judge Ellen S. Huvelle on September 5, 2019. (AG) [Transferred from District of Columbia on 10/1/2019.]
September 5, 2019 Opinion or Order MINUTE ORDER granting #18 Consent Motion for Extension of Time to Answer: Upon consideration of the Consent Motion for Extension of Time for Respondent Major General Paul Rogers To File Responsive Pleading, and the entire record herein, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that Respondent Major General Paul Rogers shall have to, and including, October 8, 2019, to file a responsive pleading. Signed by Judge Ellen S. Huvelle on September 5, 2019. (AG) [Transferred from District of Columbia on 10/1/2019.]
September 5, 2019 Set/Reset Deadlines: Answer due by 10/8/2019. (gdf) [Transferred from District of Columbia on 10/1/2019.]
August 28, 2019 Filing 16 STIPULATION OF SERVICE OF PROCESS by PAUL ROGERS. (Waskiewicz, Mary) [Transferred from District of Columbia on 10/1/2019.]
August 27, 2019 Filing 15 NOTICE of Appearance by Mary Catherine Waskiewicz on behalf of PAUL ROGERS (Waskiewicz, Mary) (Main Document 15 replaced on 8/27/2019) (zjf). [Transferred from District of Columbia on 10/1/2019.]
August 22, 2019 Filing 14 NOTICE of Appearance by Joshua Otho Booth on behalf of PAUL ROGERS (Booth, Joshua) (Main Document 14 replaced on 8/23/2019) (zjf). [Transferred from District of Columbia on 10/1/2019.]
August 5, 2019 Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. VICTORIA A. LIPNIC served on 7/5/2019 (Eisenberg, Michael) [Transferred from District of Columbia on 10/1/2019.]
August 2, 2019 Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH LENGYEL served on 7/9/2019; PATRICK M. SHANAHAN served on 7/9/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/08/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/8/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 9/6/2019.) (Attachments: #1 Certificate of Service, #2 Certificate of Service, #3 Certificate of Service)(Eisenberg, Michael) [Transferred from District of Columbia on 10/1/2019.]
August 2, 2019 Filing 11 SUMMONS (1) Issued Electronically as to PAUL ROGERS. (jf) [Transferred from District of Columbia on 10/1/2019.]
July 30, 2019 Set/Reset Deadlines: Provide the Court with proof that each defendant has been served, or written explanation due by 8/13/2019. (gdf) [Transferred from District of Columbia on 10/1/2019.]
July 30, 2019 Filing 10 NOTICE Response to Chamber's Call by JOSEPH SMOCK (Eisenberg, Michael) [Transferred from District of Columbia on 10/1/2019.]
July 30, 2019 Filing 9 REQUEST FOR SUMMONS TO ISSUE re #1 Complaint, filed by JOSEPH SMOCK. Related document: #1 Complaint, filed by JOSEPH SMOCK.(Eisenberg, Michael) [Transferred from District of Columbia on 10/1/2019.]
July 30, 2019 Opinion or Order MINUTE ORDER DIRECTING PLAINTIFF TO COMPLETE SERVICE OF PROCESS: Under Rule 4(m) of the Federal Rules of Civil Procedure, a plaintiff must serve a defendant with a summons and a copy of the complaint within 90 days after the filing of the complaint. To date, the Court has no record that any defendant has been served, and the 90-day time limit will expire on August 12, 2019. Accordingly, it is hereby ORDERED that on or before August 13, 2019, plaintiff must either: (1) file with the Court proof that each defendant has been served, or (2) provide the Court with a written explanation for why service of process has not been completed. If plaintiff fails to comply with this Order, or if the Court determines that plaintiff has not shown good cause for the failure to comply with Rule 4(m), this case will be dismissed without prejudice for failure to prosecute. SO ORDERED. Signed by Judge Ellen S. Huvelle on July 30, 2019. (AG) [Transferred from District of Columbia on 10/1/2019.]
July 26, 2019 Filing 8 ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE for MING re #1 Complaint, filed by JOSEPH SMOCK. Related document: #1 Complaint, filed by JOSEPH SMOCK.(Eisenberg, Michael) Modified on 7/26/2019 (znmw). [Transferred from District of Columbia on 10/1/2019.]
July 26, 2019 NOTICE OF ERROR re #8 Request for Summons to Issue; emailed to michael@eisenberg-lawoffice.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. ENTERED IN ERROR; Incorrect type of summons submitted; Please refile. (znmw, ) [Transferred from District of Columbia on 10/1/2019.]
June 19, 2019 Filing 7 SUMMONS (7) Re-Issued Electronically as to JOSEPH LENGYEL, VICTORIA A. LIPNIC, PATRICK M. SHANAHAN, HEATHER WILSON, U.S. Attorney and U.S. Attorney General and District of Columbia Attorney General. (jf) [Transferred from District of Columbia on 10/1/2019.]
June 17, 2019 Filing 6 REQUEST FOR SUMMONS TO ISSUE filed by JOSEPH SMOCK. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Eisenberg, Michael) [Transferred from District of Columbia on 10/1/2019.]
June 13, 2019 NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #5 Summons Issued Electronically as to AUSA was entered in error. Incorrect summons submitted and issued. This is not a FOIA case and counsel is instructed to refile 21/60 day summons to be reissued.(jf) [Transferred from District of Columbia on 10/1/2019.]
June 7, 2019 Filing 5 ENTERED IN ERROR.....SUMMONS (7) Issued Electronically as to JOSEPH LENGYEL, VICTORIA A. LIPNIC, PAUL ROGERS, PATRICK M. SHANAHAN, HEATHER WILSON, U.S. Attorney and U.S. Attorney General (jf) Modified on 6/13/2019 (zjf). [Transferred from District of Columbia on 10/1/2019.]
May 31, 2019 Filing 4 REQUEST FOR SUMMONS TO ISSUE re #1 Complaint, filed by JOSEPH SMOCK. Related document: #1 Complaint, filed by JOSEPH SMOCK. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Eisenberg, Michael) [Transferred from District of Columbia on 10/1/2019.]
May 24, 2019 Filing 3 NOTICE OF RELATED CASE by JOSEPH SMOCK. Case related to Case No. 18-50438. (Eisenberg, Michael) (Main Document 3 replaced on 5/24/2019) (zef, ). [Transferred from District of Columbia on 10/1/2019.]
May 24, 2019 Filing 2 NOTICE OF RELATED CASE by JOSEPH SMOCK. Case related to Case No. 19-1380. (Eisenberg, Michael) (Main Document 2 replaced on 5/24/2019) (zef, ). [Transferred from District of Columbia on 10/1/2019.]
May 24, 2019 SUMMONS Not Issued as to JOSEPH LENGYEL, VICTORIA A. LIPNIC, PAUL ROGERS, PATRICK M. SHANAHAN, HEATHER WILSON. (zef, ) [Transferred from District of Columbia on 10/1/2019.]
May 24, 2019 Case Assigned to Judge Ellen S. Huvelle. (zef, ) [Transferred from District of Columbia on 10/1/2019.]
May 13, 2019 Filing 1 PETITION FOR WRIT OF MANDAMUS against JOSEPH LENGYEL, VICTORIA A. LIPNIC, PAUL ROGERS, PATRICK M. SHANAHAN, HEATHER A. WILSON ( Filing fee $ 400 receipt number 0090-6120966) filed by JOSEPH SMOCK. (Attachments: #1 Civil Cover Sheet)(Eisenberg, Michael) (Attachment 1 replaced on 5/24/2019) (zef, ). Modified text on 5/24/2019 (zef, ). [Transferred from District of Columbia on 10/1/2019.]

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Defendant: Joseph L. Lengyel
Represented By: Jeremy S. Simon
Represented By: Carolyn Ann Almassian
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Defendant: Heather Wilson
Represented By: Jeremy S. Simon
Represented By: Carolyn Ann Almassian
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Defendant: Victoria A. Lipnic
Represented By: Jeremy S. Simon
Represented By: Carolyn Ann Almassian
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Defendant: Patrick M. Shanahan
Represented By: Jeremy S. Simon
Represented By: Carolyn Ann Almassian
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Defendant: Paul Rogers
Represented By: Joshua Otho Booth
Represented By: Mary Catherine Waskiewicz
Represented By: M. Catherine Waskiewicz
Represented By: Joshua O. Booth
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Plaintiff: Joseph Smock
Represented By: Michael D.J. Eisenberg
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