Shepard v. Department of Veterans Affairs et al
Plaintiff: Maxine Shepard
Defendant: Department of Veterans Affairs, Denis Richard McDonough, Lloyd Austin, Department of Defense, Department of Health and Human Services, United States Senate Committee on Armed Services, Jack Reed, James Clyburn, Louie Gohmert, Chuck Grassley, Jen Psaki, Tamela McPherson, John Tramontana, Johannes DuWerk, Tyler McPherson, Jessica Tramontana, Xavier Becerra and Dale JK Hayes
Case Number: 1:2021cv01012
Filed: December 2, 2021
Court: US District Court for the Western District of Michigan
Presiding Judge: Ray Kent
Referring Judge: Paul L Maloney
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 42 U.S.C. § 1981
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2022 Certified Copies of Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim #33 , Judgment #34 sent via U.S. Mail to Maxine Shepard (ems) Modified text on 1/25/2022 (ems).
January 24, 2022 Filing 34 JUDGMENT; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
January 24, 2022 Opinion or Order Filing 33 ORDER granting #20 motion to dismiss; granting #8 motion to dismiss; granting #9 motion to dismiss; dismissing matter with prejudice; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
January 24, 2022 Filing 32 CERTIFICATE OF SERVICE by defendants Jessica Tramontana, John Tramontana re Reply to Response to Motion #31 to Dismiss (Vance, Robert)
January 24, 2022 Filing 31 JOINT REPLY to response to motion #8 to Dismiss filed by Jessica Tramontana, John Tramontana, Johannes DuWerk (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Vance, Robert) Modified text and filers on 1/25/2022 (ems).
January 20, 2022 Filing 30 REPLY to response to motion #20 (Concurrence Brief with Co-Defendant Dale JK Hayes' Reply to Plaintiff's Response to Defendants' Motions to Dismiss) with certificate of service filed by Tamela McPherson, Tyler McPherson (Weesner, Stuart) Modified text and relationship link on 1/21/2022 (ems).
January 19, 2022 Filing 29 REPLY to response to motion #9 with certificate of service filed by Dale JK Hayes (Petrick, Christopher) Modified text on 1/19/2022 (ems).
January 14, 2022 Copy of Order on Motion for Reconsideration, Order on Motion to Appoint Counsel #28 sent via U.S. Mail to Maxine Shepard (ems)
January 13, 2022 Opinion or Order Filing 28 ORDER denying #23 motion for reconsideration ; denying #24 motion to appoint counsel ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
January 10, 2022 Filing 27 RESPONSE TO MOTION to dismiss for lack of jurisdiction MOTION to dismiss for failure to state a claim #20 with certificate of service filed by Maxine Shepard (Attachments: #1 Exhibit 4) (ems)
January 10, 2022 Filing 26 RESPONSE TO MOTION to dismiss for failure to state a claim #9 with certificate of service filed by Maxine Shepard (Attachments: #1 Exhibit) (ems)
January 10, 2022 Filing 25 RESPONSE TO MOTION to dismiss for failure to state a claim #8 with certificate of service filed by Maxine Shepard (ems) Modified text on 1/11/2022 (ems).
January 10, 2022 Filing 24 MOTION to appoint counsel with certificate of service by plaintiff Maxine Shepard; (ems)
January 10, 2022 Filing 23 MOTION for reconsideration re #22 with certificate of service by plaintiff Maxine Shepard; (Attachments: #1 Exhibit 3) (ems)
January 3, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Matthew LaBeau on behalf of defendant Dale JK Hayes (LaBeau, Matthew)
January 3, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher J. Petrick on behalf of defendant Dale JK Hayes (Petrick, Christopher)
December 28, 2021 Opinion or Order Filing 22 ORDER denying #5 pro se application for electronic filing and service; signed by Magistrate Judge Ray Kent (fhw)
December 28, 2021 Copy of Order #22 sent via U.S. Mail to Maxine Shepard (ems)
December 27, 2021 Filing 21 BRIEF in support of MOTION to dismiss for lack of jurisdiction MOTION to dismiss for failure to state a claim #20 with certificate of service filed by Tamela McPherson (Weesner, Stuart) Modified text on 12/27/2021 (ems).
December 27, 2021 Filing 20 MOTION to dismiss for lack of jurisdiction , MOTION to dismiss for failure to state a claim with certificate of service by defendant Tamela McPherson; (Weesner, Stuart) Modified text on 12/27/2021 (ems).
December 27, 2021 Filing 19 CERTIFICATE OF SERVICE by plaintiff Maxine Shepard for copy of the complaint and summons upon all defendants (ems)
December 27, 2021 Filing 18 CERTIFICATE OF SERVICE by plaintiff Maxine Shepard re Pro Se Application for Electronic Filing and Service #5 (ems)
December 27, 2021 Filing 17 PROOF OF SERVICE by plaintiff Maxine Shepard re Summons Issued as to USA, complaint #1 upon the U.S. Attorney General (ems)
December 27, 2021 Filing 16 PROOF OF SERVICE by plaintiff Maxine Shepard re Summons Issued as to USA, complaint #1 upon defendant Jen Psaki (ems) Modified text on 12/27/2021 (ems).
December 27, 2021 Filing 15 PROOF OF SERVICE by plaintiff Maxine Shepard re Summons Issued as to USA, complaint #1 upon defendants Department of Veterans Affairs and Denis Richard McDonough (ems)
December 27, 2021 Filing 14 PROOF OF SERVICE by plaintiff Maxine Shepard re Summons Issued as to USA, complaint #1 upon defendant Louie Gohmert (ems)
December 27, 2021 Filing 13 PROOF OF SERVICE by plaintiff Maxine Shepard re Summons Issued as to USA, complaint #1 upon defendant James Clyburn (ems)
December 27, 2021 Filing 12 PROOF OF SERVICE by plaintiff Maxine Shepard re Summons Issued as to USA, complaint #1 upon defendants Department of Health and Human Services and Xavier Becerra (ems)
December 27, 2021 Filing 11 PROOF OF SERVICE by plaintiff Maxine Shepard re Summons Issued as to USA, complaint #1 upon defendants Department of Defense and Lloyd Austin (ems)
December 27, 2021 Filing 10 PROOF OF SERVICE by plaintiff Maxine Shepard re Summons Issued as to USA, complaint #1 upon defendants United States Senate Committee on Armed Services and Jack Reed (ems) Modified text on 12/27/2021 (ems).
December 23, 2021 Filing 9 MOTION to dismiss for failure to state a claim with certificate of service by defendant Dale JK Hayes; (Hicks, Jeffrey) Modified text on 12/27/2021 (ems).
December 23, 2021 (NON-DOCUMENT) ATTORNEY APPEARANCE of Jeffrey Robert Hicks on behalf of defendant Dale JK Hayes (Hicks, Jeffrey)
December 22, 2021 Filing 8 JOINT MOTION to dismiss for failure to state a claim with certificate of service by defendants Johannes DuWerk, John Tramontana, Jessica Tramontana; (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Katz-Crank, Sherry) Modified text and filers on 12/27/2021; this entry replaces #7 (ems).
December 22, 2021 Filing 7 JOINT MOTION to dismiss for failure to state a claim , JOINT MOTION to dismiss for lack of jurisdiction with certificate of service by defendants John Tramontana, Johannes DuWerk (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Vance, Robert) Modified text and filers on 12/22/2021 (ems).
December 22, 2021 (NON-DOCUMENT) ATTORNEY APPEARANCE of Sherry L. Katz-Crank on behalf of defendant Johannes DuWerk (Sherry Katz-Hedrington) (Katz-Crank, Sherry) Modified text on 12/27/2021 (ems).
December 22, 2021 (NON-DOCUMENT) ATTORNEY APPEARANCE of Robert Paul Vance on behalf of defendants Jessica Tramontana, John Tramontana (Vance, Robert)
December 15, 2021 Copy of Order #6 sent via U.S. Mail to Maxine Shepard (mlc)
December 14, 2021 Opinion or Order Filing 6 ORDER referring #5 PRO SE APPLICATION for electronic filing and service to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A); signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
December 10, 2021 Filing 5 PRO SE APPLICATION for electronic filing and service by plaintiff Maxine Shepard (ems)
December 9, 2021 Filing 4 SUMMONS returned executed on Lloyd Austin, Xavier Becerra, James Clyburn, Department of Defense, Department of Health and Human Services, Department of Veterans Affairs, Louie Gohmert, Chuck Grassley, Denis Richard McDonough, Jen Psaki, Jack Reed, United States Senate Committee on Armed Services, US Attorney and US Attorney General; service upon defendant, Lloyd Austin complete on 12/3/2021, answer due 2/1/2022; Xavier Becerra complete on 12/3/2021, answer due 2/1/2022; James Clyburn complete on 12/3/2021, answer due 2/1/2022; Department of Defense complete on 12/3/2021, answer due 2/1/2022; Department of Health and Human Services complete on 12/3/2021, answer due 2/1/2022; Department of Veterans Affairs complete on 12/3/2021, answer due 2/1/2022; Louie Gohmert complete on 12/3/2021, answer due 2/1/2022; Chuck Grassley complete on 12/3/2021, answer due 2/1/2022; Denis Richard McDonough complete on 12/3/2021, answer due 2/1/2022; Jen Psaki complete on 12/3/2021, answer due 2/1/2022; Jack Reed complete on 12/3/2021, answer due 2/1/2022; United States Senate Committee on Armed Services complete on 12/3/2021, answer due 2/1/2022 (ems)
December 9, 2021 Filing 3 SUMMONS returned executed; Johannes DuWerk served on 12/3/2021, answer due 12/27/2021; Dale JK Hayes served on 12/3/2021, answer due 12/27/2021; Tamela McPherson served on 12/3/2021, answer due 12/27/2021; Tyler McPherson served on 12/3/2021, answer due 12/27/2021; Jessica Tramontana served on 12/3/2021, answer due 12/27/2021; John Tramontana served on 12/3/2021, answer due 12/27/2021 (ems)
December 6, 2021 Filing 2 NOTICE of receipt of case (mlc)
December 6, 2021 Copy of Receipt of Case Notice #2 sent via U.S. Mail to Maxine Shepard (mlc)
December 2, 2021 Filing 1 COMPLAINT with jury demand against All Defendants filed by Maxine Shepard (Attachments: #1 Miscellaneous Attachments, #2 Civil Cover Sheet) (mlc) Modified text on 12/6/2021 (mlc).
December 2, 2021 RECEIPT: in the amount of $402.00, receipt number LN002864; for for civil filing fee (mlc)
December 2, 2021 SUMMONS ISSUED as to defendants Lloyd Austin, Xavier Becerra, James Clyburn, Department of Veterans Affairs, Louie Gohmert, Chuck Grassley, Denis Richard McDonough, Jen Psaki, Jack Reed, United States Senate Committee on Armed Services, U.S. Attorney and U.S. Attorney General (mlc) Modified text on 12/6/2021 summons issued and returned to plaintiff at counter (mlc).
December 2, 2021 SUMMONS ISSUED as to defendants Tamela McPherson, John Tramontana, Dale JK Hayes, Johannes DuWerk, Tyler McPherson, Jessica Tramontana (mlc) Modified text on 12/6/2021; summons issued and returned to plaintiff at counter (mlc).

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Plaintiff: Maxine Shepard
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Defendant: Department of Veterans Affairs
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Defendant: Denis Richard McDonough
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Defendant: Lloyd Austin
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Defendant: Department of Defense
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Defendant: Department of Health and Human Services
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Defendant: United States Senate Committee on Armed Services
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Defendant: Jack Reed
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Defendant: James Clyburn
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Defendant: Louie Gohmert
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Defendant: Chuck Grassley
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Defendant: Jen Psaki
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Defendant: Tamela McPherson
Represented By: Stuart L. Weesner
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Defendant: John Tramontana
Represented By: Robert Paul Vance
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Defendant: Johannes DuWerk
Represented By: Sherry L. Katz-Crank
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Defendant: Tyler McPherson
Represented By: Stuart L. Weesner
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Defendant: Jessica Tramontana
Represented By: Robert Paul Vance
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Defendant: Xavier Becerra
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Defendant: Dale JK Hayes
Represented By: Christopher J. Petrick
Represented By: Jeffrey Robert Hicks
Represented By: Matthew LaBeau
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