Virnig v. National Guard Bureau et al
| Rebecca Florence Virnig |
| National Guard Bureau, General Daniel R. Hokanson and United States |
| 5:2022cv00775 |
| July 25, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
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Filing 33
Letter Motion from Emer M. Stack for United States requesting adjournment of Initial Conference and associated deadlines submitted to Judge Andrew T. Baxter . (Stack, Emer)
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Filing 32
AMENDED COMPLAINT against United States filed by Rebecca Florence Virnig. (Attachments: #1 Envelope)(khr)
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 8/26/2022 before U.S. District Judge Mae A. D'Agostino: Appearances by Rebecca Florence Virnig, pro se plaintiff; Emer Stack, AUSA for the Government; The plaintiff informs the Court that she was just informed that this action was transferred from Virginia to the NDNY. Judge D'Agostino addresses counsel and the plaintiff. The plaintiff is informed that Court proceedings may not be recorded, but that the transcript can be requested from the Court Reporter; The defendant's pre-motion letter is addressed. The Court will give the plaintiff an opportunity to amend her complaint to include as much detail as possible, and encourages her to address the workers comp/law suit issue, and the relationship to the USA; The Amended Complaint shall be filed within 3 weeks from today (9/16/22); The issue of representation is discussed - the plaintiff has contacted a dozen attorneys to take her case, but she is unable to pay the retainer fees; The Court suggestions that maybe legal aid could assist the plaintiff; After receipt of the plaintiff's amended complaint, upon review of the amended complaint by the Government, if the Government believes that a motion to dismiss is still appropriate, they may make their motion. No additional conference will be necessary, and No deadline for said motion will be set at this time. The Court expects that the filing of an answer or motion will be done in a reasonable time frame. The plaintiff advises the Court that she will likely be moving in the next couple days, at least to a temporary address - the defendant is advised that it is her responsibility to keep the Court updated with her mailing address. The plaintiff informs the Court that she will call to notify the Court and submit a letter in writing once she has a new address. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 9:30 a.m. - 9:42 a.m.]) (ban)
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Set Deadlines/Hearings: Amended Pleadings due by 9/13/2022. (ban)
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***Answer due date set for United States answer due 9/19/2022. [Copy served by regular mail] (kmc)
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Filing 31
Letter Motion from Emer Stack for United States requesting Extension of Time and Pre-Motion Conference submitted to Judge Mae A. D'Agostino . (Stack, Emer)
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Filing 30
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 9/29/2022 at 1:00 PM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/22/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Copy sent to Pro Se Plaintiff by regular mail} (jmb) (jmb, ).
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Filing 29
TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. {Copy sent to Pro Se Plaintiff by regular mail) (jmb)
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Filing 28
CERTIFICATE OF SERVICE by United States re #27 Notice of Appearance (Stack, Emer)
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Filing 27
NOTICE of Appearance by Emer M. Stack on behalf of United States (Stack, Emer)
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Filing 26
PLAINTIFF'S RESPONSE to the REPLY MEMORANDUM OF LAW in further support of Defendant's #12 Motion to Dismiss, or in the Alternative for Transfer of Venue or Summary Judgment, filed by Rebecca Florence Virnig, Pro Se. Received by the Eastern District of Virginia Clerk's Office on 8/1/2022 and forwarded to the Northern District of New York's Clerks Office (Attachments: #1 Envelope)(khr)
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Filing 25
PLAINTIFF'S RESPONSE to the REPLY MEMORANDUM OF LAW in further support of Defendant's #12 Motion to Dismiss, or in the Alternative for Transfer of Venue or Summary Judgment, filed by Rebecca Florence Virnig, Pro Se. Received by the Eastern District of Virginia Clerk's Office on 8/1/2022 and forwarded to the Northern District of New York's Clerk's Office. (Attachments: #1 Mailing Envelope, #2 Exhibit 18) (jmb)
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Filing 24
Case transferred in from District of Virginia Eastern; Case Number 1:22-cv-00202. electronically transferred when case opened - (Jefferson County - Fort Drum - New York) (jmb)
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Filing 23
ORDERED that defendant's motion (Dkt. No. 12) is GRANTED IN PART; it is further ORDERED that the United States is added as a defendant; it is further ORDERED that the National Guard Bureau and General Daniel R. Hokanson are DISMISSED WITHOUT PREJUDICE from this case; and the Clerk is DIRECTED TO TRANSFER this case to the Northern District of New York for all further proceedings. Signed by District Judge Michael S Nachmanoff on 7/22/2022. (nneb)(c/s to plaintiff, Pro Se) [Transferred from Virginia Eastern on 7/25/2022.]
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Case transferred to the Northern District of New York. Original file, certified copy of transfer order, and docket sheet sent. (nneb) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 21
REPLY to Response to Motion re #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Improper Venue MOTION to Transfer Case MOTION for Summary Judgment filed by Daniel R. Hokanson, National Guard Bureau. (Barghaan, Dennis) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 22
Exhibit 14 in re #19 Plaintiff's Response As Follows to Defendant's Introduction by Rebecca Florence Virnig. (Attachments: #1 Envelope)(nneb) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 20
ORDER denying as moot #18 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge John F. Anderson on 07/05/2022. (wgar, copy mailed per JFA Chambers) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 19
Plaintiff's Response As Follows to Defendant's Introduction filed by Rebecca Florence Virnig. (Attachments: #1 Exhibits 1 through 17)(nneb) (Attachment 1 replaced on 7/1/2022) (nneb, ). [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 18
Second MOTION for Enlargement of Time by Rebecca Florence Virnig. (Attachments: #1 Proposed Order)(nneb) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Response/Reply. ORDERED that on or before June 27, 2022, plaintiff shall answer or otherwise respond to defendant's response in the above-captioned action. Signed by Magistrate Judge John F. Anderson on 06/02/2022. (wgar, c/s to pltf per JFA Chambers) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 16
MOTION for Enlargement of Time by Rebecca Florence Virnig. (Attachments: #1 Proposed Order)(nneb) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 15
Roseboro Notice as to Motion to Dismiss, or, in the Alternative, for Transfer of Venue or Summary Judgment by Daniel R. Hokanson, National Guard Bureau (Barghaan, Dennis) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 14
Waiver of re #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Improper Venue MOTION to Transfer Case MOTION for Summary Judgment (Waiver of Oral Argument) by Daniel R. Hokanson, National Guard Bureau (Barghaan, Dennis) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 13
Memorandum in Support re #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Improper Venue MOTION to Transfer Case MOTION for Summary Judgment filed by Daniel R. Hokanson, National Guard Bureau. (Attachments: #1 Exhibits A-I)(Barghaan, Dennis) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 12
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Improper Venue, MOTION to Transfer Case , MOTION for Summary Judgment by Daniel R. Hokanson, National Guard Bureau. (Barghaan, Dennis) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 11
ORDER granting #10 Motion for Extension of Time to File. ORDERED that on or before May 17, 2022, defendants shall answer or otherwise respond to plaintiff's complaint in the above-captioned action. Signed by Magistrate Judge John F. Anderson on 05/10/2022. (wgar, c/s to pltf per JFA Chambers) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 10
MOTION for Extension of Time by Daniel R. Hokanson, National Guard Bureau. (Attachments: #1 Proposed Order)(Barghaan, Dennis) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 9
Letter to the Court updating address filed by Rebecca Virnig. (Attachments: #1 Envelope)(nneb) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 8
SUMMONS Returned Executed as to the Attorney General, served on 3/18/2022. (shea) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 7
SUMMONS Returned Executed as to National Guard Bureau, served on 3/17/2022. (nneb) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 6
Summons Returned Unexecuted as to Daniel R. Hokanson. (nneb) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 5
SUMMONS Returned Executed as to the U.S. Attorney, served on 3/11/2022, answer due by 5/10/2022. (nneb) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 4
Summons Issued to be served by USMS as to Daniel R. Hokanson, National Guard Bureau, U.S. Attorney and U.S. Attorney General (nneb)(c/s USMS 3/4/2022) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 3
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by District Judge Michael S Nachmanoff on 3/2/2022. (nneb)(c/s to Plaintiff) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 2
ORDER (Transferring Case to the Alexandria Division of the Eastern District of Virginia) - Based upon this Court's review of the parties involved and the location of the alleged incident, it is apparent that this matter should be transferred to the Alexandria Division of the Eastern District of Virginia per 28 U.S.C 1404. Consequently, it is HEREBY ORDERED that this case is TRANSFERRED to the ALEXANDRIA DIVISION OF THE EASTERN DISTRICT OF VIRGINIA. Signed by District Judge Henry E. Hudson on 2/25/2022. Copy of order mailed to Plaintiff.(jpow, ) [Transferred from Virginia Eastern on 7/25/2022.]
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Case transferred in from Richmond Division. Case Number 3:22-cv-00059-HEH. (jlan) [Transferred from Virginia Eastern on 7/25/2022.]
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Rebecca Florence Virnig. (Attachments: #1 Complaint (RECEIVED), #2 Attachments, #3 Local Rule 83.1(M) Certification)(jpow, ) [Transferred from Virginia Eastern on 7/25/2022.]
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