Ash v. Buttigieg et al
| Julian Ash |
| Pete Buttigieg, DOCR-EEOC, Employment and Labor Law Division AGC-100, Office of Personnel Management and Federal Aviation Administration |
| 5:2022cv00371 |
| May 5, 2022 |
| US District Court for the Western District of Oklahoma |
| David L Russell |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on May 27, 2022. A more recent docket listing may be available from PACER.
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Filing 24
ORDER granting #23 Motion for Extension of Time to Answer, or otherwise respond. Defendants to answer, move against, or otherwise respond to Plaintiffs Complaint [Doc.1] is hereby EXTENDED to July 5, 2022. Signed by Judge David L. Russell on 5/27/22. (jw)
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| Filing 23 UNOPPOSED MOTION for Extension of Time by All Defendants. (Attachments: #1 Exhibit 1 - Notice of Appeal, #2 Exhibit 2 - Order)(Frazier, Rebecca) |
| Filing 22 ENTRY of Appearance by Rebecca A Frazier on behalf of All Defendants (Frazier, Rebecca) |
| Filing 21 Case transferred in from District of District of Columbia; Case Number 1:21-cv-02468. |
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Filing 20
MEMORANDUM ORDER granting in part the government's #13 Motion to Dismiss insofar as it seeks to transfer the case to the United States District Court for the Western District of Oklahoma. The Clerk of the Court shall transfer this matter to the United States District Court for the Western District of Oklahoma. The government's time to respond to the Complaint is extended through, and including, 21 days after this action is docketed in the Western District of Oklahoma. See attached Order for details. The Clerk of the Court is requested to close the case. Signed by Judge Trevor N. McFadden on 4/15/2022. (lctnm3) [Transferred from District of Columbia on 5/5/2022.]
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| Set/Reset Deadlines: Transfer due by 5/5/2022. (hmc) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 19 REPLY to opposition to motion re #13 MOTION to Dismiss filed by PETE BUTTIGIEG, DOCR-EEOC, EMPLOYMENT AND LABOR LAW DIVISION, AGC-100, FEDERAL AVIATION ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT. (Oblea, Erika) [Transferred from District of Columbia on 5/5/2022.] |
| Set/Reset Deadlines: Government's reply due by 3/24/2022. (hmc) [Transferred from District of Columbia on 5/5/2022.] |
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MINUTE ORDER denying Ash's 18 Motion for Summary Judgment without prejudice. Pending before the Court is the Government's #13 Motion to Dismiss. The Government's motion argues the Court lacks subject matter jurisdiction as to some claims. The requirement that a federal court assure itself of jurisdiction to hear a case before proceeding to the merits is "inflexible and without exception." Steel Co. v. Citizens for a Better Envt, 523 U.S. 83, 95 (1998). "This Court's general practice is to adhere to the traditional litigation sequence of complaint; answer or motion to dismiss; discovery, if appropriate; and only then, summary judgment. This process allows the Court to assure itself of jurisdiction and address threshold matters before burdening the parties with the costs of discovery and briefing on the merits." Comm. on Ways & Means v. U.S. Dept of the Treasury, No. 1:19-CV-01974 (TNM), 2019 WL 4094563, at *2 (D.D.C. Aug. 29, 2019). The Court will not abandon this general practice here. The Government shall file its Reply in support of its motion to dismiss on or before March 24, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/18/2022. (lctnm3) [Transferred from District of Columbia on 5/5/2022.]
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| Filing 18 MOTION for Summary Judgment by JULIAN R. ASH. (See Docket Entry #17 to view document). (zeg) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 17 RESPONSE re #13 MOTION to Dismiss filed by JULIAN R. ASH. (Attachment: #1 Exhibits)(zeg) [Transferred from District of Columbia on 5/5/2022.] |
| NOTICE OF CORRECTED DOCKET ENTRY: re #16 MOTION for Extension of Time to was entered in error as duplicate to docket entry #15 which was previously emailed. (zeg) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 16 ENTERED IN ERROR.....MOTION for Extension of Time by JULIAN R. ASH. (zeg) (Additional attachment(s) added on 2/28/2022: #1 Exhibit) (zeg). Modified on 3/1/2022 (zeg). [Transferred from District of Columbia on 5/5/2022.] |
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MINUTE ORDER granting in part Plaintiff's #15 Motion for Extension of Time. Plaintiff shall file his response to Defendants' #13 Motion to Dismiss on or before March 11, 2022. Future extension requests will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/23/2022. (lctnm3) [Transferred from District of Columbia on 5/5/2022.]
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| Set/Reset Deadlines: Plaintiff's response due by 3/11/2022. (hmc) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 15 MOTION for Extension of Time by JULIAN R. ASH. (zeg) [Transferred from District of Columbia on 5/5/2022.] |
| Set/Reset Deadlines: Plaintiff's response due by 2/25/2022. (hmc) [Transferred from District of Columbia on 5/5/2022.] |
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Filing 14
ORDER advising Plaintiff to respond or the Court may deem Defendants' #13 Motion to Dismiss conceded. Plaintiff's response is due by February 25, 2022. Signed by Judge Trevor N. McFadden on 2/14/2022. (lctnm3) [Transferred from District of Columbia on 5/5/2022.]
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| Filing 13 MOTION to Dismiss by PETE BUTTIGIEG, DOCR-EEOC, EMPLOYMENT AND LABOR LAW DIVISION, AGC-100, FEDERAL AVIATION ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT. (Attachments: #1 Text of Proposed Order)(Oblea, Erika) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 12 NOTICE of Appearance by Erika Kirstie Oblea on behalf of PETE BUTTIGIEG, DOCR-EEOC, EMPLOYMENT AND LABOR LAW DIVISION, AGC-100, FEDERAL AVIATION ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT (Oblea, Erika) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PETE BUTTIGIEG served on 12/10/2021; DOCR-EEOC served on 12/15/2021; EMPLOYMENT AND LABOR LAW DIVISION, AGC-100 served on 12/15/2021; OFFICE OF PERSONNEL MANAGEMENT served on 12/14/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/16/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/13/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 2/11/2022.) (Attachment: #1 Exhibit)(zeg) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 11 AFFIDAVIT of Mailing by JULIAN R. ASH. (ztth) [Transferred from District of Columbia on 5/5/2022.] |
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MINUTE ORDER granting Plaintiff's #9 Motion for Extension of Time. Plaintiff communicated to the Court in his #8 Affidavit and #9 Motion that he mailed the completed summons to the Clerk's Office on December 3, 2021. This is not the proper procedure. Plaintiff is instructed that it is his responsibility to serve the completed #7 Summons on Defendants in the manner required by the Federal Rules of Civil Procedure no later than December 24, 2021. The Court also directs Plaintiff's attention to Paragraph 9(A) of the Court's #2 Standing Order, which requires all motions for extensions of time to be filed at least four business days prior to the first affected deadline. Failure to properly serve Defendants or to comply with the Court's Standing Order may result in dismissal of the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/11/2021. (lctnm3) [Transferred from District of Columbia on 5/5/2022.]
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| Filing 9 MOTION for Extension of Time by JULIAN R. ASH. (zeg) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 8 AFFIDAVIT of Mailing by JULIAN R. ASH. (eg) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 7 SUMMONS (6) Issued as to PETE BUTTIGIEG, DOCR-EEOC, EMPLOYMENT AND LABOR LAW DIVISION, AGC-100, OFFICE OF PERSONNEL MANAGEMENT, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zeg) [Transferred from District of Columbia on 5/5/2022.] |
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MINUTE ORDER. The Clerk of Court shall send summonses to Plaintiff at his current address of record in order that he may present them to the Clerk for signature and seal pursuant to Federal Rule of Civil Procedure 4(b). If Plaintiff properly completes the summonses, the Clerk shall sign, seal, and issue them to Plaintiff for service of the summons and Complaint on the Defendants. Plaintiff is advised that no later than December 8, 2021, Plaintiff must either cause process to be served upon the Defendants and file proof of service with the Court or establish good cause for failure to do so. Failure to make such filings will result in dismissal of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/9/2021. (lctnm3) [Transferred from District of Columbia on 5/5/2022.]
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| Set/Reset Deadlines: Service of process due by 12/8/2021. (ztg) [Transferred from District of Columbia on 5/5/2022.] |
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MINUTE ORDER denying without prejudice Plaintiff's #6 Motion for CM/ECF Password. The Court reminds Plaintiff of the Court's 10/6/2021 Minute Order directing Plaintiff to Local Rule 5.4(b), which requires a pro se party to file a "Motion for CM/ECF User Name and Password" containing certain information. If Plaintiff would like to obtain access to the CM/ECF system, he must do so in accordance with the Local Rules. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/22/2021. (lctnm3) [Transferred from District of Columbia on 5/5/2022.]
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| Filing 6 MOTION for CM/ECF Password by JULIAN R. ASH. "Leave to file GRANTED" Signed by Judge Trevor N. McFadden on 10/18/2021. (eg) [Transferred from District of Columbia on 5/5/2022.] |
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MINUTE ORDER denying without prejudice Plaintiff's #5 Motion for CM/ECF Password. The Court directs Plaintiff to Local Rule 5.4(b), which requires a pro se party to file a "Motion for CM/ECF User Name and Password" containing certain information. If Plaintiff would like to obtain access to the CM/ECF system, he must do so in accordance with the Local Rules. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/9/2021. (lctnm3) Modified on 10/12/2021 edit party's title (hmc).[Transferred from District of Columbia on 5/5/2022.]
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| Filing 5 MOTION for CM/ECF Password by JULIAN R. ASH. "Leave to file Granted" Signed by Judge Trevor N. McFadden on 10/6/2021 (eg) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 4 NEW Request Regarding Pro Se Consent To Receive Notices of Electronic Filing by JULIAN R. ASH (eg) [Transferred from District of Columbia on 5/5/2022.] |
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Filing 3
ENTERED IN ERROR, DUPLICATE OF #2 .....STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 9/24/2021. (lctnm3) Modified on 9/27/2021 (hmc). [Transferred from District of Columbia on 5/5/2022.]
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Filing 2
STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 9/24/2021. (lctnm3) [Transferred from District of Columbia on 5/5/2022.]
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| SUMMONS Not Issued as to PETE BUTTIGIEG, DOCR-EEOC, EMPLOYMENY AND LABOR LAW DIVISION, AGC-100, FEDERAL AVIATION ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT (eg) [Transferred from District of Columbia on 5/5/2022.] |
| Filing 1 COMPLAINT against PETE BUTTIGIEG, DOCR-EEOC, EMPLOYMENY AND LABOR LAW DIVISION, AGC-100, FEDERAL AVIATION ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT ( Filing fee $ 402, receipt number 200606) filed by JULIAN R. ASH. (Attachment: #1 Civil Cover Sheet)(eg) Modified on 9/30/2021 to add receipt information (eg). [Transferred from District of Columbia on 5/5/2022.] |
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