Rodriguez v. Department of the Navy et al
| Bernadette Rodriguez, Cynthia Rodriguez and Alyssa Rodriguez |
| United States Marines Corps., Department of the Navy, U.S. Department of Navy, Office of the Judge Advocate General and United States |
| 1:2019cv01185 |
| July 31, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Eric R Komitee |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 46 Letter from the United States to Judge Komitee in response to Plaintiff's 05/26/23 Status Update by United States (Johnson, LaCresha) |
| Filing 45 TRANSCRIPT of Proceedings held on September 23, 2022, before Judge Komitee. Court Reporter/Transcriber Abba Reporting. Email address: abbareporting@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/20/2023. Redacted Transcript Deadline set for 6/30/2023. Release of Transcript Restriction set for 8/28/2023. (LH) |
| Filing 44 Letter to Judge Komitee from Isaac J. Weingram re: Status Update by Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez (Weingram, Isaac) |
SCHEDULING ORDER re #43 Letter filed by Alyssa Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez --- In light of Plaintiffs' November 22, 2022 status report, the telephone status conference previously scheduled for December 2, 2022, is rescheduled to June 2, 2023, at 10:00 a.m. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Plaintiffs shall submit a further status report by May 26, 2023. The stay remains in effect until June 2, 2023. Ordered by Judge Eric R. Komitee on 11/30/2022. (AG)
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| Filing 43 Letter to Judge Komitee from Isaac J. Weingram re: Status Update by Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez (Weingram, Isaac) |
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ORDER granting #40 Motion to Stay -- The motion to stay #40 is granted. Defendant's motion to dismiss #28 will be held in abeyance pending Plaintiff's status report, set to be filed on November 23, 2022. A telephone status conference is scheduled for December 2, 2022, at 11:00 a.m., at which point the Court will consider, whether and when, to lift the stay. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 9/29/2022. (Guy, Alicia)
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| Filing 42 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Status Conference held on 9/23/2022. Case called. Discussion held. Plaintiffs shall submit a status report by November 23, 2022. (Recorded on AT&T Teleconference Bridge.) (Guy, Alicia) |
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SCHEDULING ORDER: A telephone status conference will be held on September 23, 2022, at 2:30 p.m. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 9/19/2022. (Guy, Alicia)
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| Filing 41 Letter from Isaac J. Weingram to Judge Komitee providing update re: the Honoring our PACT Act of 2022 by Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez (Weingram, Isaac) |
| Filing 40 Letter MOTION to Stay by Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez. (Attachments: #1 Exhibit A, Pride v. Murray (2022)) (Weingram, Isaac) |
| Filing 39 Letter from Stephanie Teplin to Hon. Eric R. Komitee in response to Government's 12/3/21 letter of supplemental authority by Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez (Teplin, Stephanie) |
| Filing 38 Letter of Supplemental Authority by United States (Attachments: #1 Exhibit 1-Clendening v. United States) (Johnson, LaCresha) |
| Filing 37 Letter from Stephanie Teplin to Judge Komitee in response to Defendant United States' 9/14/21 Letter of Supplemental Authority by Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez (Teplin, Stephanie) |
| Filing 36 NOTICE of Appearance by Shana C. Priore on behalf of United States (aty to be noticed) (Priore, Shana) |
| Filing 35 Letter of Supplemental Authority by United States (Attachments: #1 Cangemi v. United States) (Johnson, LaCresha) |
| Filing 34 TRANSCRIPT of Proceedings held on August 17, 2021, before Judge Komitee. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. (Hong, Loan) |
| Filing 33 Minute Entry for proceedings held before Judge Eric R. Komitee: Hearing held on 8/17/2021 re #28 MOTION to Dismiss for Lack of Jurisdiction filed by United States. Discussion held. Decision reserved. (FTR Log #10:38 - 12:11.) (Guy, Alicia) |
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ORDER Setting Hearing on Motion #28 MOTION to Dismiss for Lack of Jurisdiction -- Oral Argument will be held on August 17, 2021, at 10:30 a.m. in Courtroom 6G North. Ordered by Judge Eric R. Komitee on 6/21/2021. (Guy, Alicia)
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| Filing 32 REPLY in Support filed by United States. (Attachments: #1 Corrected Reply in Support of Defendant United States of America's Motion to Dismiss Second Amended Complaint) (Johnson, LaCresha) |
| Filing 31 REPLY in Support re #28 MOTION to Dismiss for Lack of Jurisdiction filed by United States. (Johnson, LaCresha) |
| Filing 30 Letter to Judge Komitee regarding oral argument on the motion to dismiss #28 by Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez (Teplin, Stephanie) |
| Filing 29 MEMORANDUM in Opposition re #28 MOTION to Dismiss for Lack of Jurisdiction filed by Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez. (Attachments: #1 Declaration of Stephanie Teplin, #2 Exhibit 1, BUMED Instruction 6240.3C, #3 Exhibit 2, Base Order 5100.13B, #4 Exhibit 3, SNARL for TCE, #5 Exhibit 4, SNARL for PCE) (Teplin, Stephanie) |
| Filing 28 MOTION to Dismiss for Lack of Jurisdiction by United States. (Attachments: #1 Memorandum in Support of Motion to Dismiss) (Johnson, LaCresha) |
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ORDER re #25 Motion for Pre Motion Conference -- The Court has reviewed the parties' pre-motion letters concerning defendant's anticipated motion to dismiss and has determined that a pre-motion conference is not necessary. The motion shall be briefed as follows: defendant shall serve its motion to dismiss on or before January 11, 2021; plaintiffs shall serve their response to defendant's motion on or before February 10, 2021; and defendant shall serve its reply, if any, on or before February 22, 2021. Ordered by Judge Eric R. Komitee on 12/11/2020. (Guy, Alicia)
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| Email Notification Test - DO NOT REPLY. (Coleman, Laurie) |
| Email Notification Test - DO NOT REPLY (Levine, Evelyn) |
| Filing 27 RESPONSE to Motion re #25 Letter MOTION for pre motion conference filed by Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez. (Teplin, Stephanie) |
| Filing 26 NOTICE of Appearance by Haroon Anwar on behalf of United States (aty to be noticed) (Anwar, Haroon) |
| NOTICE -- Defendant submitted a letter requesting a pre-motion conference on an anticipated motion to dismiss on November 13, 2020. Plaintiffs' counsel is reminded that pursuant to rule III.A.3 of this Court's Individual Motion Practices and Rules, plaintiffs are required to serve and file a letter response of three pages or less, within five days from service of defendant's letter. (Guy, Alicia) |
| Filing 25 Letter MOTION for pre motion conference by United States. (Johnson, LaCresha) |
| Filing 24 TRANSCRIPT of Proceedings held on May 20, 2020, before Judge Komitee. Court Transcriber: Fiore Reporting and Transcription Services, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/4/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/12/2021. (Rocco, Christine) |
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ORDER granting #23 Motion for Extension of Time to File Response/Reply -- The application is granted on consent. Defendant's time to answer, move or otherwise respond to the Second Amended Complaint #23 is extended to November 13, 2020. Ordered by Judge Eric R. Komitee on 9/22/2020. (Guy, Alicia)
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| Filing 23 Letter MOTION for Extension of Time to File Response/Reply as to #22 Amended Complaint by United States. (Johnson, LaCresha) |
| Filing 22 AMENDED COMPLAINT Second Amended Complaint against United States, filed by Bernadette Rodriguez, Bernadette Rodriguez, Alyssa Rodriguez, Cynthia Rodriguez. (Teplin, Stephanie) |
| Filing 21 NOTICE of Appearance by Isaac J. Weingram on behalf of Alyssa Rodriguez, Bernadette Rodriguez, Bernadette Rodriguez, Cynthia Rodriguez (aty to be noticed) (Weingram, Isaac) |
| Filing 20 NOTICE of Appearance by Stephanie Ann Teplin on behalf of Bernadette Rodriguez, Cynthia Rodriguez, Alyssa Rodriguez, Bernadette Rodriguez (aty to be noticed) (Teplin, Stephanie) |
| Filing 19 NOTICE of Appearance by Kurt Michael Denk on behalf of All Plaintiffs (aty to be noticed) (Denk, Kurt) |
| Filing 18 NOTICE of Appearance by Lynn M. Kelly on behalf of All Plaintiffs (aty to be noticed) (Kelly, Lynn) |
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ORDER granting #17 Motion for Extension of Time to Amend -- Plaintiff's time to file a second amended complaint is extended to September 14, 2020. Ordered by Judge Eric R. Komitee on 8/21/2020. (Guy, Alicia)
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| Filing 17 MOTION for Extension of Time to Amend #5 Amended Complaint /Extension of Time to File Second Amended Complaint. (Lee, Tiffeny) |
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ORDER granting #16 Motion for Extension of Time to Amend -- Plaintiff's time to file a second amended complaint is extended to August 20, 2020. Ordered by Judge Eric R. Komitee on 8/14/2020. c/m to plaintiff. (Guy, Alicia)
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| Filing 16 Second MOTION (dated July 16, 2020) for Extension of Time to Amend the Complaint by Bernadette Rodriguez. (Guy, Alicia) |
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ORDER granting #15 Motion for Extension of Time to Amend -- Plaintiff's time to file a second amended complaint is extended to July 20, 2020. Ordered by Judge Eric R. Komitee on 6/17/2020. c/m to plaintiff. (Guy, Alicia)
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| Filing 15 MOTION for Extension of Time to Amend #1 Complaint by Bernadette Rodriguez. (Ramesar, Thameera) |
| Filing 14 Letter to Court on Alternative to Litigation by United States (Johnson, LaCresha) |
| Filing 13 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Pre Motion Conference held on 5/20/2020. Defendant will file a letter on or before June 4, 2020 advising on what administrative processes for recompense, if any, might be available to Plaintiff as an alternative to litigation. Plaintiff will file a second amended complaint on or before June 19, 2020 to address issues raised at the pre-motion conference. So long as Plaintiff has a legitimate basis for doing so, the Court advises her to include the following information in her amended complaint: (1) the precise dates of her employment with the military, employment as a civilian, and any periods when she was not employed, while living at Camp Lejeune; (2) clarification as to whether she is bringing claims on behalf of herself and/or on behalf of her adult children, and the basis for her authority to bring legal claims on behalf of her adult children, if she is; and (3) details about when she first became aware of the water contamination at Camp Lejeune. (Electronically Recorded.) c/m to plaintiff. (Guy, Alicia) |
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ORDER -- The pre-motion conference set for May 20, 2020, at 10:15 a.m. will proceed as scheduled however, will proceed via telephone. The parties are respectfully directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 4/28/2020. c/m to plaintiff. (Guy, Alicia)
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ORDER granting #11 Motion for Pre Motion Conference -- A pre-motion conference on Defendant's anticipated motion to dismiss will be held on May 20, 2020, at 10:15 a.m. Ordered by Judge Eric R. Komitee on 3/31/2020. c/m to plaintiff. (Guy, Alicia)
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| Filing 12 NOTICE of Appearance by John Adam Bain on behalf of United States (aty to be noticed) (Bain, John) |
| Filing 11 Letter MOTION for pre motion conference by United States. (Johnson, LaCresha) |
| Case Reassigned to Judge Eric R. Komitee. Judge Pamela K. Chen no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
| Filing 10 SUMMONS Returned Executed on behalf of pro se Bernadette Rodriguez. United States of America served on 1/10/2020, answer due 3/10/2020. (Latka-Mucha, Wieslawa) |
| Filing 9 SUMMONS ISSUED as to United States. (Courtesy copies sent to the U.S. Attorney's Office for the Eastern District of New York; the Attorney General of the United States in Washington, D.C.; and the Agency.) (Latka-Mucha, Wieslawa) |
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Filing 8
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff's amended complaint may proceed. The Clerk of Court is respectfully directed to correct the caption to reflect that the United States is the sole Defendant to this action. The Clerk of the Court is respectfully directed to issue a summons against the United States and to effect service of the amended complaint and this Order upon United States Attorney's Office for the Eastern District of New York without prepayment of fees. This case is referred to the Honorable Lois Bloom for pretrial supervision. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 11/18/2019. (Shi, Yi Qing)
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Bernadette Rodriguez. (Lee, Tiffeny) |
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Filing 6
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff shall have thirty (30) days to show cause why this action should not be dismissed as time-barred. All further proceedings shall be stayed for thirty (30) days for Plaintiff to comply with the Memorandum and Order. Plaintiff may wish to consult with the Federal Pro Se Legal Assistance Project for the Eastern District of New York at (212) 382-4729 regarding this action and the claims of her children. If Plaintiff fails to comply with the Memorandum and Order within the time allowed or show good cause why she cannot comply, the action will be dismissed as time-barred and judgment shall enter. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).Ordered by Judge Pamela K. Chen on 10/2/2019. (Shi, Yi Qing)
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| Filing 5 AMENDED COMPLAINT against United States, filed by Bernadette Rodriguez. (Love, Alexis) |
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Filing 4
ORDER: For the reasons stated in the attached, the Court dismisses Plaintiff's complaint without prejudice. See Fed. R. Civ. P. 12(h)(3). The Court grants Plaintiff leave to file an amended complaint by September 19, 2019. So long as Plaintiff has a legitimate basis for doing so, the Court advises Plaintiff to include the following information in her amended complaint: (1) the date on which Plaintiff filed an administrative claim complaining of the injuries her children have suffered and/or continue to suffer; (2) the name of the federal agency with which she filed the administrative claim; and (3) the date on and circumstances under which the agency issued a final decision. If possible, Plaintiff should attach a copy of any administrative claim she filed with a federal agency as well as a copy of the federal agency's final decision as exhibits to her amended complaint. Additionally, Plaintiff's amended complaint should only name the United States as a defendant. Furthermore, if Plaintiff's claim is time-barred, she should set forth any facts supporting equitable tolling in her amended complaint. Finally, Plaintiff should include in her amended complaint all facts of which she is aware that support her claim that the water she and/or her children drank at Camp Lejeune was contaminated and what the nature of the contamination was. If Plaintiff fails to file an amended complaint within the time allowed, the Court will enter judgment dismissing this action without prejudice. All proceedings shall be stayed for 30 days from entry of this Order. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 438 U.S. 444-45 (1962). Ordered by Judge Pamela K. Chen on 8/20/2019. (Nadig, Alok)
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Bernadette Rodriguez. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Department of the Navy, Office of the Judge Advocate General, U.S. Department of Navy, United States Marines Corps., filed by Bernadette Rodriguez. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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