Bailey v. United States of America
| Mary Bailey |
| United States of America |
| Torts Branch USDOJ |
| 7:2023cv00149 |
| February 17, 2023 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Kimberly A Swank |
| P.I.: Other |
| Plaintiff |
Docket Report
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| Filing 7 Minute Entry for proceedings held before District Judge Terrence W. Boyle in Raleigh: Oral Motion Ruling held on 4/17/2023 regarding #6 First MOTION for Extension of Time to File Answer filed by United States of America. Counsel for Government present. Court announces his ruling. The Government will have until April 30, 2023 to file a responsive pleading. (Court Reporter Cissy High) (Sellers, N.) |
| Notice regarding #6 MOTION for Extension of Time to File Answer. At 12:00 pm today, there will be an oral ruling from the bench on the government's motion for extension of time in Courtroom 2 in Raleigh. (Sellers, N.) |
ORAL ORDER granting in part #6 First MOTION for Extension of Time to File Answer. This Court scheduled a hearing at noon today on the cases of Akers, Benson, Breen, Brooks, Brundage, Burak, Clark, Davis, Glover, Green, Guinn, Hobbs, Holmes, Johnson, Luthy, McClain, Palumbo, Partain, Perry, Richards, Shine, Tomilson, Warren, Wax, Weiner, Bailey, Bailey, Loftus, Neely, Straw, Weeks, all versus the United States. They have corresponding file numbers. The Government has not responded in these cases. They've been served and it's my understanding that the time for answer or other reply under the federal rules and statutes will expire either on the 14th, 15th -- no, not 14th -- 15th, 16th, or 18th of April, the Government having the right to answer within 60 days after effective service. The Government has filed a motion to enlarge the time within which to answer and that is before the Court and that is the purpose of this order. I'll take judicial notice of the fact that there is an administrative proceeding going on involving the PACT Act cases, that the statute creating the right under which the plaintiffs bring suit provides for filing of an administrative claim as a prerequisite to jurisdiction in this court and that parties who have filed claims but whose claims have not been resolved after six months pending in the administrative proceeding are entitled to sue in this court. And assumedly that represents all of the pending cases that I have just identified. The reality of that is clear that assumedly in each and every one of these cases, six months have expired within the administrative process and now either 59 or 60 days or 61 days have expired in this court without response or intervention or resolution by the Defendant, United States. And so, after eight months of nonactivity in each and every one of these claims, it's not readily apparent that the Government needs additional time. Eight months should be sufficient. And certainly, two months within this court's jurisdiction should be sufficient. But out of an abundance of caution and in order to cooperate with the matters that are pending in this district, I will enlarge the time within which to file a responsive pleading under the Federal Rules of Civil Procedure and law to April 30th of 2023. And an order to that effect will be entered right now. Entered in open court by District Judge Terrence W. Boyle on 4/17/2023. (Sellers, N.)
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| Motion Submitted to District Judge Terrence W. Boyle regarding #6 MOTION for Extension of Time to File Answer. (Sellers, N.) |
| Filing 6 MOTION for Extension of Time to File Answer filed by United States of America. (Attachments: #1 Text of Proposed Order) (Anwar, Haroon) |
| Filing 5 Notice of Appearance filed by Elizabeth Platt on behalf of United States of America. (Platt, Elizabeth) |
| Filing 4 Notice of Appearance filed by Haroon Anwar on behalf of United States of America. (Anwar, Haroon) |
| Filing 3 Financial Disclosure Statement by Mary Bailey (Lee, Randolph) |
| Filing 2 Notice of Appearance filed by Randolph Lee on behalf of Mary Bailey. (Lee, Randolph) |
| Filing 1 COMPLAINT against United States of America ( Filing fee $ 402 receipt number ANCEDC-6952009.), filed by Mary Bailey. (Attachments: #1 Civil Cover Sheet) (Lee, Randolph) |
| NOTICE OF SERVICE. This action is governed by Standing Order 23-SO-1. Pursuant to that Order, the Clerk has issued a Notice of Electronic Filing using the Case Management and Electronic Case Filing System, notifying the United States Attorney for the Eastern District of North Carolina and the Civil Division, Torts Branch, Environmental Torts Litigation Office, United States Department of Justice of the case. Plaintiff need not serve a summons and complaint under Fed. R. Civ. P. 4. No summons will issue. Service of the Complaint and any attachments thereto will be completed by a regenerated Notice of Electronic Filing to follow immediately. (Sellers, N.) |
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