Douse v. United States of America et al
| James Nathaniel Douse |
| United States of America and Department of the Navy |
| 7:2022cv00176 |
| October 6, 2022 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Robert B Jones |
| P.I.: Other |
| None |
Docket Report
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Filing 33
ORDER denying #32 Motion to Stay; granting #32 Motion to Seal 31 Notice. Plaintiff may file a new lawsuit after exhausting his administrative remedies under section 804(h) of the Camp Lejeune Justice Act. Signed by District Judge James C. Dever III on 2/20/2023. Copy sent to James Nathaniel Douse, 11523 Palmbrush Trail, Unit 138, Lakewood Ranch, FL 34202 via US Mail. (Herrmann, L.)
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| Motion Submitted to District Judge James C. Dever III: #32 MOTION to Stay regarding 31 Notice, MOTION to Seal Document 31 Notice. (Herrmann, L.) |
| Filing 32 MOTION to Stay, MOTION to Seal Document 31 Notice - other, filed by James Nathaniel Douse. (Attachments: #1 Envelope) (Sellers, N.) (Additional attachment(s) added on 1/26/2023: #2 Envelope of Duplicate copy sent to Wilmington office) (Sellers, N.). |
| Filing 30 JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that for the reasons stated in Fancher v. United States, No. 5:22-CV-315, 2022 WL 17842896 (E.D.N.C. Dec. 20, 2022), the court DISMISSES WITHOUT PREJUDICE plaintiff's complaint for failure to exhaust administrative remedies under section 804(h) of the Camp Lejeune Justice Act. Signed by Peter A. Moore, Jr., Clerk of Court on 1/13/2023. (Sellers, N.) |
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Filing 29
ORDER granting #20 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge James C. Dever III on 1/13/2023. (Sellers, N.)
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| Motion Submitted to District Judge James C. Dever III regarding #23 MOTION to Supplement the Record, #20 MOTION to Dismiss for Lack of Jurisdiction. (Sellers, N.) |
| Filing 28 REPLY to Response to Motion regarding #20 MOTION to Dismiss for Lack of Jurisdiction filed by Department of the Navy, United States of America. (Attachments: #1 Exhibit 1 - Fancher Order, #2 Exhibit 2 - Wilson Order, #3 Exhibit 3 - Girard Order) (Hall, Frederick) |
| Filing 27 PROPOSED SEALED Exhibit - DD 214 and list of Medications (Selected Participants Only)by James Douse (available to: Plaintiff James Nathaniel Douse) regarding #26 Response in Opposition to Motion. (Sellers, N.) |
| Filing 26 RESPONSE in Opposition regarding #20 MOTION to Dismiss for Lack of Jurisdiction filed by James Nathaniel Douse. (Attachments: #1 Exhibit A - Letter regarding denial of Federal Tort Claims Act Claim dated April 7, 2010, #2 Exhibit A-1 - Subsequent Lawsuit filed June 19, 2012 in the Northern District of Georgia, #3 Exhibit B - Letter from the US DOJ Torts Branch regarding the Administrative Tort Claim of Mr. Douse dated August 8, 2016, #4 Exhibit C - Letter regarding Claim denial dated January 25, 2019, #5 Exhibit E - USPS delivery receipt, #6 Envelope to Raleigh Office, #7 Envelope to Wilmington Office (Duplicate filing sent to both offices)) (Sellers, N.) |
| Filing 25 RESPONSE in Opposition regarding #20 MOTION to Dismiss for Lack of Jurisdiction filed by James Nathaniel Douse. (Attachments: #1 Administrative Final Denial Letter Dated 1/25/2019, #2 Envelope) (Sellers, N.) (Additional attachment(s) added on 1/5/2023: #3 Envelope Duplicate copy of #25 Response sent to Raleigh office) (Sellers, N.). |
| Filing 24 Document: Duplicate of #23 Motion to Supplement the Record filed by James Nathaniel Douse. (Attachments: #1 Envelope) (Sellers, N.) |
| Filing 23 MOTION to Supplement the Record filed by James Nathaniel Douse. (Attachments: #1 Envelope) (Sellers, N.) |
| Filing 22 Rule 12 Letter Issued as to #20 MOTION to Dismiss for Lack of Jurisdiction. Response due by 1/12/2023. Sent to James Nathaniel Douse at 11523 Palmbrush Trail Unit 138 Lakewood Ranch, FL 34202 via US Mail. (Sellers, N.) |
| Filing 21 Memorandum in Support regarding #20 MOTION to Dismiss for Lack of Jurisdiction filed by Department of the Navy, United States of America. (Attachments: #1 Exhibit A - Oct. 13, 2022 Russell Declaration) (Hall, Frederick) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction filed by Department of the Navy, United States of America. (Hall, Frederick) |
| Filing 19 Notice of Appearance filed by Frederick Gaston Hall on behalf of All Defendants. (Hall, Frederick) |
| Filing 18 Document: Duplicate of #16 Motion to Supplement Record filed by James Nathaniel Douse. (Attachments: #1 Corrected Civil Cover Sheet, #2 Nature of Suit - Screen Shot of EDNC website, #3 Envelope) (Sellers, N.) |
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Filing 17
ORDER granting #14 Motion to Supplement the Record; granting #15 Motion to Supplement the Record; granting #16 Motion to Supplement the Record. Signed by District Judge James C. Dever III on 11/16/2022. Sent to James Nathaniel Douse at 11523 Palmbrush Trail Unit 138 Lakewood Ranch, FL 34202 via US Mail. (Sellers, N.)
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| Filing 16 MOTION to Supplement the Record - With Original Pleading of Camp Lejeune Toxic Water Lawsuit for Relief Supported by Evidence filed by James Nathaniel Douse. (Attachments: #1 Corrected Civil Cover Sheet, #2 Nature of Suite - Screen Shot of EDNC website, #3 Envelope) (Sellers, N.) |
| Motion Submitted to District Judge James C. Dever III regarding #15 MOTION to Supplement the Record - With Original Pleading of Camp Lejeune Toxic Water Lawsuit for Relief Supported by Evidence. (Sellers, N.) |
| Filing 15 MOTION to Supplement the Record - With Original Pleading of Camp Lejeune Toxic Water Lawsuit for Relief Supported by Evidence filed by James Nathaniel Douse. (Attachments: #1 Civil cover sheet - VI: Nature of Suit, #2 Envelope) (Sellers, N.) |
| Motion Submitted to District Judge James C. Dever III regarding #14 MOTION to Supplement the Record - With Original Pleading of Camp Lejeune Toxic Water Lawsuit for Relief Supported by Evidence. (Sellers, N.) |
| Filing 14 MOTION to Supplement the Record - With Original Pleading of Camp Lejeune Toxic Water Lawsuit for Relief Supported by Evidence filed by James Nathaniel Douse. (Attachments: #1 Civil Cover Sheet from 1:12-cv-1771-JOF, #2 Envelope) (Sellers, N.) |
| Filing 13 Affidavit of Service for Summons and Complaint filed by James Nathaniel Douse served on The United States of America on 10/26/2022. (Sellers, N.) |
| Filing 12 Affidavit of Service for Summons and Complaint filed by James Nathaniel Douse served on The Department of the Navy on 10/26/2022. (Sellers, N.) |
| Filing 11 Affidavit of Service for Summons and Complaint filed by James Nathaniel Douse served on United States Attorney's Office, Eastern District of North Carolina on 10/26/2022. (Attachments: #1 Envelope) (Sellers, N.) |
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Filing 10
ORDER granting in part #6 Motion to Revise Summonses, Revise Relief Sought, Revise Defendant Counsel's Name and Address; denying #7 Motion for Leave to File Electronically. Signed by District Judge James C. Dever III on 10/28/2022. Sent to James Nathaniel Douse at 11523 Palmbrush Trail Unit 138 Lakewood Ranch, FL 34202 via US Mail. (Sellers, N.)
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| Filing 9 Notice regarding #8 Summons Issued as to USA and Plaintiff's responsibility to serve. Sent to James Nathaniel Douse at 11523 Palmbrush Trail Unit 138 Lakewood Ranch, FL 34202. (Sellers, N.) |
| Filing 8 Summonses Issued as to Department of the Navy, United States of America, U.S. Attorney. (Sellers, N.) |
| Motion Submitted to District Judge James C. Dever III regarding #7 MOTION for Leave to File Electronically, #6 MOTION to Revise Summonses, Revise Relief Sought, Revise Defendant Counsel's Name and Address. (Sellers, N.) |
| Filing 7 MOTION for Leave to File Electronically filed by James Nathaniel Douse. (Sellers, N.) |
| Filing 6 MOTION to Revise Summonses, Revise Relief Sought, Revise Defendant Counsel's Name and Address filed by James Nathaniel Douse. (Attachments: #1 Plaintiff's Prescribed Medications, #2 Proposed Summons, #3 Envelope) (Sellers, N.) |
| Filing 5 Notice to plaintiff requesting summonses for all the necessary parties that are required to be served. Sent to James Nathaniel Douse at 11523 Palmbrush Trail Unit 138 Lakewood Ranch, FL 34202 via US Mail. (Sellers, N.) |
| Filing 4 Summons Issued as to United States of America. (Summons issued at intake) (Rudd, D.) |
| Filing 3 Financial Disclosure Statement filed by James Nathaniel Douse. (Rudd, D.) |
| Filing 2 Notice of Self-Representation filed by James Nathaniel Douse. (Rudd, D.) |
| Filing 1 COMPLAINT against Department of the Navy, United States of America (Filing fee $ 402.00 receipt number WIL002435.), filed by James Nathaniel Douse. (Attachments: #1 Exhibit Camp Lejeune/Camp Geiger Maps of Affected Areas, #2 Exhibit Copy of Discharge DD-214, #3 Exhibit SF-95 Denial of Administrative Claim from the Judge Advocate, #4 Exhibit Information regarding the Water Contamination at Marine Corps Base Camp Lejeune, #5 Exhibit Chapter 99B - Product Liability, #6 Exhibit General Assembly of North Carolina - Senate Bill 574, #7 Civil Cover Sheet) (Rudd, D.) |
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