Girard et al v. United States of America
| Elizabeth Girard, Beulah Slesser and Suzanne McLeod |
| United States of America |
| 2:2022cv00022 |
| August 10, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| P.I.: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 5, 2023. A more recent docket listing may be available from PACER.
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Filing 27
JUDGMENT - In accordance with the court's order entered January 5, 2023, and for the reasons set forth more specifically therein, defendant's motion to dismiss is GRANTED. Plaintiffs' complaint is DISMISSED for failure to lack of subject matter jurisdiction. Signed by Peter A. Moore, Jr., Clerk of Court on 1/5/2023. (Collins, S.)
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Filing 26
ORDER granting #21 Motion to Dismiss for Lack of Jurisdiction. Plaintiffs' claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction due to failure to exhaust administrative remedies. The clerk is DIRECTED to close these case(s). Signed by District Judge Louise Wood Flanagan on 1/5/2023. (Collins, S.)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #21 MOTION to Dismiss for Lack of Jurisdiction. (Collins, S.)
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Filing 25
REPLY to Response to Motion regarding #21 MOTION to Dismiss for Lack of Jurisdiction filed by United States of America. (Attachments: #1 Exhibit A - 2d Russell Decl) (Bu, Nathan)
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Filing 24
Memorandum in Opposition regarding #21 MOTION to Dismiss for Lack of Jurisdiction Memorandum in Opposition to Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Elizabeth Girard, Suzanne McLeod, Beulah Slesser. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Blanket Denial of Administrative Claimsbit, #3 Exhibit 2 Girard Admin Claim Files, #4 Exhibit 3 Slesser Admin Claim File, #5 Exhibit 4 McLeod Admin Claim File) (Flynn, Eric)
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Filing 23
Notice of Appearance filed by Nathan Jisu Bu on behalf of United States of America. (Bu, Nathan)
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TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendant has filed a motion to dismiss, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motion filed 10/17/22. Signed by District Judge Louise Wood Flanagan on 10/19/2022. (Collins, S.)
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Filing 22
Memorandum in Support regarding #21 MOTION to Dismiss for Lack of Jurisdiction filed by United States of America. (Attachments: #1 Exhibit Declaration of Randall Russell with attachments) (Bain, John)
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Filing 21
MOTION to Dismiss for Lack of Jurisdiction filed by United States of America. (Bain, John)
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Filing 20
Notice of Special Appearance for non-district by Warren D. Postman on behalf of Suzanne McLeod. (Postman, Warren)
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Filing 19
Notice of Special Appearance for non-district by Zina Bash on behalf of Suzanne McLeod. (Bash, Zina)
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Filing 18
Notice of Substitution of Counsel filed by William Michael Dowling on behalf of Suzanne McLeod substituting for James Edward Bell, III, Eric W. Flynn, Grant Davis, and Thomas Edward Ruzicka, Jr.. (Dowling, William)
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Notice to Counsel regarding: #17 Notice of Special Appearance. Pursuant to Local Civil Rule 5.1(a)(1), all documents submitted for filing shall be filed electronically in text searchable format. This notice is for informational purposes only and is not a directive to refile any items already appearing on this case docket. (Collins, S.)
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Filing 17
Notice of Special Appearance for non-district by Grant Davis on behalf of All Plaintiffs. (Davis, Grant)
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Filing 16
Notice of Special Appearance for non-district by Thomas Edward Ruzicka, Jr on behalf of All Plaintiffs. (Ruzicka, Thomas)
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Filing 15
ORDER denying #11 Joint Motion to Consolidate Cases. Signed by District Judge Louise Wood Flanagan on 9/2/2022. (Collins, S.)
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Filing 14
AFFIDAVIT Affidavit of Service for Summons and Complaint by Elizabeth Girard, Suzanne McLeod, Beulah Slesser (Attachments: #1 Exhibit Registry Receipt) (Flynn, Eric)
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Filing 13
Summons Returned Executed by Process Server filed by Elizabeth Girard, Suzanne McLeod, Beulah Slesser as to United States of America served on 8/17/2022, answer due 10/16/2022. (Flynn, Eric)
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Filing 12
Memorandum in Support regarding #11 Joint MOTION to Consolidate Cases filed by Elizabeth Girard, Suzanne McLeod, Beulah Slesser. (Flynn, Eric)
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Filing 11
Joint MOTION to Consolidate Cases filed by Elizabeth Girard, Suzanne McLeod, Beulah Slesser. (Attachments: #1 Text of Proposed Order Proposed Order to Consolidate) (Flynn, Eric)
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Filing 10
**CORRECTED AND REFILED AT #11 ** Joint MOTION to Consolidate Cases filed by Elizabeth Girard, Suzanne McLeod, Beulah Slesser. (Attachments: #1 Exhibit Ex. A - Proposed Consolidation Order, #2 Supplement Memo ISO Motion) (Flynn, Eric) Modified on 8/26/2022 (Collins, S.).
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Filing 9
Notice of Appearance filed by John A. Bain on behalf of United States of America. (Bain, John)
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NOTICE OF DEFICIENCY regarding #10 Motion to Consolidate Cases. Counsel is directed to refile their Motion to Consolidate and Memorandum in Support as separate pleadings. Counsel should first file the Motion using the motionevent. Counsel should then file the Memorandum in Support, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linkingto the Motion to Dismiss when prompted to do so. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. (Collins, S.)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #11 Joint MOTION to Consolidate Cases. (Collins, S.)
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Filing 8
Notice of Special Appearance for non-district by James Edward Bell, III on behalf of All Plaintiffs. (Bell, James)
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Filing 7
Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Collins, S.)
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Filing 6
Notice filed by Elizabeth Girard, Suzanne McLeod, Beulah Slesser Proposed Summons. (Flynn, Eric)
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NOTICE OF DEFICIENCY regarding [1-2] Proposed Summons. When the defendant is a government agency or employee, summonses are required for the agency or employee, the U.S. Attorney General, and the U.S. Attorney Civil Process Clerk. Counsel should file a proposed summons for the U.S. Attorney Civil Process Clerk and the U.S. Attorney General using the event "Notice-Other". (Rudd, D.)
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Filing 5
Financial Disclosure Statement by Suzanne McLeod, as Personal Representative of the Estate of Hansell B. Malone, III (Flynn, Eric)
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Filing 4
Financial Disclosure Statement by Beulah Slesser (Flynn, Eric)
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Filing 3
Financial Disclosure Statement by Elizabeth Girard (Flynn, Eric)
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Filing 2
Notice of Appearance filed by Eric W. Flynn on behalf of Elizabeth Girard, Suzanne McLeod, as Personal Representative of the Estate of Hansell B. Malone, III, Beulah Slesser. (Flynn, Eric)
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Filing 1
COMPLAINT against United States of America ( Filing fee $ 402 receipt number 0417-6670618.), filed by Elizabeth Girard, Suzanne McLeod, as Personal Representative of the Estate of Hansell B. Malone, III, Beulah Slesser. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Flynn, Eric)
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