Blackmer et al v. United States of America
| Cynthia Blackmer and Felicia Bazemore |
| UNITED STATES OF AMERICA |
| 7:2022cv00123 |
| 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 22
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 21
ORDER granting #16 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 cases. 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 #16 MOTION to Dismiss for Lack of Jurisdiction . (Collins, S.)
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Filing 20
REPLY to Response to Motion regarding #16 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 19
Memorandum in Opposition regarding #16 MOTION to Dismiss for Lack of Jurisdiction filed by Felicia Bazemore, Cynthia Blackmer. (Attachments: #1 Index, #2 Exhibit 1-Department of the Navy JAG Website Evidencing Blanket Denial of Pending Camp Lejeune FTCA claims (website viewed May 20, 2022), #3 Exhibit 2-Blanket Denial of Reconsideration from the Department of the Navy (Aug. 5, 2022), #4 Exhibit 3-David Blackmer Standard Form 95 (Jan. 3, 2017), #5 Exhibit 4-David Blackmer Denial Letter from the Department of the Navy (with excerpts of attached client list) (Jan. 24, 2018), #6 Exhibit 5-David Blackmer Denial Letter from the Department of the Navy (with excerpts of attached client list) (Mar. 20, 2019), #7 Exhibit 6-David Blackmer Request for Reconsideration (without attachments) (July 17, 2019), #8 Exhibit 7-Estate of Allen Ray Hardy Standard Form 95 (July 2013), #9 Exhibit 8-Estate of Allen Ray Hardy Denial Letter from the Department of the Navy (with excerpts of attached client list) (Jan. 24, 2018), #10 Exhibit 9-Estate of Allen Ray Hardy Denial Letter from the Department of the Navy (with excerpts of attached client list) (Mar. 20, 2019), #11 Exhibit 10-Estate of Allen Ray Hardy Request for Reconsideration (without attachments) (July 17, 2019)) (Dowling, William)
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Filing 18
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 17
Memorandum in Support regarding #16 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 16
MOTION to Dismiss for Lack of Jurisdiction filed by United States of America. (Bain, John)
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Filing 15
Affidavit of Service for Summons and Complaint filed by Felicia Bazemore, Cynthia Blackmer. Service on Attorney General of the United States on August 22, 2022. (Attachments: #1 Exhibit Certified Mail Return Receipt) (Dowling, William) Modified on 9/21/2022 to revise docket text. (Collins, S.).
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Filing 14
ORDER denying #12 Joint Motion to Consolidate Cases. Signed by District Judge Louise Wood Flanagan on 9/2/2022. (Collins, S.)
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Filing 13
Memorandum in Support regarding #12 Joint MOTION to Consolidate Cases filed by Felicia Bazemore, Cynthia Blackmer. (Dowling, William)
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Filing 12
Joint MOTION to Consolidate Cases filed by Felicia Bazemore, Cynthia Blackmer. (Attachments: #1 Text of Proposed Order) (Dowling, William)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #12 Joint MOTION to Consolidate Cases. (Collins, S.)
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Filing 11
Notice of Appearance filed by John A. Bain on behalf of United States of America. (Bain, John)
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Filing 10
Summons Returned Executed by Personal filed by Cynthia Blackmer, Felicia Bazemore as to United States of America served on 8/17/2022, answer due 10/16/2022. (Dowling, William)
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Filing 9
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 8
Notice filed by Felicia Bazemore, Cynthia Blackmer regarding Notice of Deficiency (Proposed Summons to Attorney General of the United States). (Dowling, William)
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Filing 7
Notice of Appearance filed by William Michael Dowling on behalf of All Plaintiffs. (Dowling, William)
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NOTICE OF DEFICIENCY regarding #1 Complaint DE1-2 Proposed Summons. Counsel has not filed proposed summons for issuance to the U.S. Attorney General. Counsel shall filed a proposed summons using the event "Notice-Other". (Collins, S.)
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NOTICE OF DEFICIENCY regarding #5 Notice of Special Appearance, #4 Notice of Special Appearance. These documents indicate that counsel is appearing in association with local counsel W. Michael Dowling, however Mr. Dowling has not filed a Notice of Appearance. Mr. Dowling should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.)
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Filing 6
Notice of Appearance filed by Eric W. Flynn on behalf of All Plaintiffs. (Flynn, Eric)
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Notice to Counsel - All Counsel should file a Notice of Appearance or Notice of Special Appearance pursuant to Local Civil Rule 5.2(a) and 83.1(e)(1). (Rudd, D.)
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Notice to Counsel 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
Notice of Special Appearance for non-district by Warren D. Postman on behalf of Felicia Bazemore, Cynthia Blackmer. (Postman, Warren)
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Filing 4
Notice of Special Appearance for non-district by Zina Bash on behalf of Felicia Bazemore, Cynthia Blackmer. (Bash, Zina)
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Filing 3
Financial Disclosure Statement by Felicia Bazemore (Dowling, William)
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Filing 2
Financial Disclosure Statement by Cynthia Blackmer (Dowling, William)
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Filing 1
COMPLAINT against UNITED STATES OF AMERICA ( Filing fee $ 402 receipt number 0417-6670706.), filed by Cynthia Blackmer, Felicia Bazemore. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Dowling, William)
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