Holscher v. USA
| Terrie Holscher |
| Jonathon M. Tjernagel, Robert Wayne Harris, William P. Barr, Christopher Wray, Matthew J. Deurmeier, Kenneth Allen Hess and Sean R. Maguire |
| 2:2020cv00067 |
| December 29, 2020 |
| US District Court for the District of Montana |
| John Johnston |
| Brian Morris |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 27 Defendant Kenneth Hess' Reply Brief in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kenneth Allen Hess. (Wittich, Arthur) Modified on 2/19/2021 to modify document title (ACC). |
| Filing 26 RESPONSE to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Terrie Holscher. (TAG) |
| Filing 24 SUMMONS Returned Executed by Terrie Holscher. William P. Barr served on 1/20/2021. (ACC) |
| Filing 23 SUMMONS Returned Executed by Terrie Holscher. Christopher Wray served on 1/20/2021. (ACC) |
| Filing 22 SUMMONS Returned Executed by Terrie Holscher as to Sean R. Maguire. No service date on return. (ACC) |
| Filing 21 SUMMONS Returned Executed by Terrie Holscher as to Kenneth A. Hess. No Service date on return. (ACC) |
| Filing 20 SUMMONS Returned Executed by Terrie Holscher. Robert Wayne Harris served on 2/2/2021. (ACC) |
| Filing 19 SUMMONS Returned Executed by Terrie Holscher. Jonathon M. Tjernagel served on 1/14/2021. (ACC) |
| Filing 18 SUMMONS Returned Executed by Terrie Holscher. Matthew J. Deurmeier served on 1/14/2021, answer due 2/4/2021. (ACC) (Additional attachment(s) added on 2/11/2021: #1 Cover Letter Recieved with Summonses) (ACC). |
| Filing 17 Mailing of Consent Honorable John Johnston as Presiding Judge. Electronically mailed to counsel Randy J. Tanner, Arthur V. Wittich. Mailed via USPS to Plt and Dfts Harris and Maguire.Consent/Objection to USMJ Form due by 3/1/2021. (ACC) |
| Filing 16 MOTION to Dismiss by Defendants Robert Wayne Harris, Sean R. Maguire Motions referred to John Johnston. (TLO) |
| Filing 15 ANSWER to #1 Complaint by Robert Wayne Harris, Sean R. Maguire. (TLO) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and BRIEF IN SUPPORT Arthur V. Wittich appearing for Defendant Kenneth Allen Hess Motions referred to John Johnston. (Wittich, Arthur) Modified on 2/2/2021 to reflect brief is filed with motion (ACC). |
| Remark: With regard to Defendant's #14 Motion to Dismiss for Failure to State a Claim. Counsel is reminded that pursuant to L.R. 7.1(d)(1)(A) "... briefs in support of a motion must be filed separately from the motion...". With regard to the Certificate of Service, pursuant to L.R. 11.1(d), "Only a judge, a registered user, the clerk of court, a court reporter, or deputy clerks of court may use the "/s/" signature form, and, except as provided by L.R. 11.2(a)(1), only when signing the document as the filer and filing electronically. All other signatures, including those on any affidavit, must be hand signatures. This notice is for your information for future filings, the document does not need to be re-filed. (ACC) |
Filing 13
ORDER granting #12 Motion for Extension of Time. IT IS ORDERED that the federal Defendants shall respond to the Complaint no later than 60 days after being properly served under Rule 4(i)(1)(3). Signed by Magistrate Judge John Johnston on 1/22/2021. (Copy mailed to Plt) (ACC)
|
| Filing 12 MOTION for Extension of Time to File or, Alternatively, Clarification Randy J. Tanner appearing for Defendants William P. Barr, Matthew J. Deurmeier, Jonathon M. Tjernagel, Christopher Wray Motions referred to John Johnston. (Attachments: #1 Text of Proposed Order) (Tanner, Randy) |
| Filing 11 Summons Issued as to William P. Barr, U.S. Attorney and U.S. Attorney General. (MMS) (Copy e-mailed and original mailed to plaintiff) |
| Filing 10 Summons Issued as to Matthew J. Deurmeier, Robert Wayne Harris, Kenneth Allen Hess, Sean R. Maguire, Jonathon M. Tjernagel, Christopher Wray. (MMS) (Copies e-mailed and originals mailed to plaintiff) |
| Filing 9 NOTICE OF CASE OPENING re #1 Complaint. Mailed to Holscher with docket sheet (Attachments: #1 NOTICE TO PRO SE LITIGANTS AND CONSENT TO ELECTRONIC SERVICE, #2 PRO SE REQUEST TO FILE BY EMAIL) (TAG) |
| Filing 8 Case transferred in from District of Court of Federal Claims; Case Number 1:20-cv-01837. Original file certified copy of transfer order and docket sheet received. (LJM, ) |
| Filing 7 JUDGMENT entered, pursuant to Rule 58, dismissing plaintiff's complaint against the United States for lack of subject-matter jurisdiction and transferring plaintiff's claims against defendants Deurmeier, Tjernagel, Harris, Hess, Maguire, Wray, and Barr to the United States District Court for the District of Montana. No costs are awarded. (Service on parties made; plaintiff served via U.S. mail.) (dls) [Transferred from cofc on 1/5/2021.] |
|
Filing 6
Order of Dismissal. The complaint against the United States is DISMISSED pursuant to Rules 12(b)(1) and 12(h)(3) of the Rules of the Court of Federal Claims ("RCFC"). The claims against defendants Deurmeier, Tjernagel, Harris, Hess, Maguire, Wray, and Barr are TRANSFERRED to the United States District Court for the District of Montana pursuant to 28 U.S.C. 1631. The Clerk is DIRECTED to enter judgment, pursuant to RCFC 58, accordingly. No costs are awarded. Signed by Judge Richard A. Hertling. (dhf) Service on parties made; plaintiff served via U.S. mail. (dls) [Transferred from cofc on 1/5/2021.]
|
| Filing fee received. $ 402, receipt number XXXXXXXXXXX. (ead) [Transferred from cofc on 1/5/2021.] |
|
Filing 5
GENERAL ORDER No. 2 dated 11/13/2020 continuing the suspension of paper filing requirements in pro se cases: Consistent with this court's General Order issued on 3/18/2020, it is ordered that judges, special masters, the Clerk of Court, and counsel of record for the United States may file electronically in pro se cases using the court's Case Management/Electronic Case Filing (CM/ECF) system. Pro se litigants shall, absent extraordinary circumstances, submit all case filings via e-mail to ProSe_case_filings@cfc.uscourts.gov. Pro se litigants may, if feasible, receive notification by e-mail of all electronic filings by filing an E-Notification Consent Form, attached to the General Order. Signed by Chief Judge Eleni M. Roumel. (ead) Service on parties made. [Transferred from cofc on 1/5/2021.]
|
| Filing 4 **FILING FEE DUE.** Our records indicate that a filing fee has not been received. Plaintiff must submit either the required filing fee of $402.00 OR an application to proceed in forma pauperis, which can be located under the forms link at: #www.uscfc.uscourts.gov. Please contact the Clerk's Office at 202-357-6406 for any additional assistance. (ead) [Transferred from cofc on 1/5/2021.] |
| Filing 3 NOTICE of Non-ECF Case. (ead) [Transferred from cofc on 1/5/2021.] |
| Filing 2 NOTICE of Assignment to Judge Richard A. Hertling. (ead) [Transferred from cofc on 1/5/2021.] |
| Filing 1 COMPLAINT against USA (DOJ) (Copy Served Electronically on Department of Justice), filed by TERRIE HOLSCHER.Answer due by 2/12/2021. (Attachment: #1 Civil Cover Sheet)(ead) [Transferred from cofc on 1/5/2021.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Montana District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
