Combat Medical, LLC v. Esper et al
| Combat Medical, LLC |
| United States Department Of Defense, Ryan D. McCarthy and Mark T Esper |
| 1:2019cv01609 |
| December 23, 2019 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| T S Ellis |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on May 14, 2020. A more recent docket listing may be available from PACER.
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Case Electronically Transferred to the Court of Federal Claims. (aott, 5/14/2020)
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Filing 34
ORDER- For the reasons stated in the Memorandum Opinion issued this same day, It is hereby ORDERED that defendants' motion to dismiss for lack of jurisdiction (Dkt. #24 is GRANTED. The motion is GRANTED insofar as the matter is appropriately TRANSFERRED to the Court of Federal Claims pursuant to 28 U.S.C. 1631. It is further ORDERED that defendants' motion to dismiss for failure to state a claim (Dkt #25 ) is DENIED as moot. It is further ORDERED that plaintiff's motion for a preliminary injunction (Dkt. #9 ) is DENIED as moot. It is further ORDERED that the hearing scheduled in this matter for June 12, 2020 is CANCELED. Signed by District Judge T. S. Ellis, III on 5/4/2020. (See order for further details). (acha, )
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Filing 33
MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 5/4/2020. (See order for further details). (acha, )
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Filing 32
REPLY to Response to Motion re #25 MOTION to Dismiss for Failure to State a Claim , #24 MOTION to Dismiss for Lack of Jurisdiction filed by Mark T Esper, Ryan D. McCarthy, United States Department Of Defense. (Yang, Catherine)
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Filing 31
REPLY to Response to Motion re #9 MOTION for Preliminary Injunction filed by Combat Medical, LLC. (Warrington, David)
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Filing 30
Memorandum in Opposition re #25 MOTION to Dismiss for Failure to State a Claim , #24 MOTION to Dismiss for Lack of Jurisdiction filed by Combat Medical, LLC. (Warrington, David)
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Set Deadlines as to #24 MOTION to Dismiss for Lack of Jurisdiction , #25 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 6/12/2020 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, )
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Filing 29
Notice of Hearing Date set for June 12, 2020 re #25 MOTION to Dismiss for Failure to State a Claim , #24 MOTION to Dismiss for Lack of Jurisdiction (Yang, Catherine)
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Filing 28
Memorandum in Opposition re #9 MOTION for Preliminary Injunction filed by Mark T Esper, Ryan D. McCarthy, United States Department Of Defense. (Yang, Catherine)
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Notice of Correction re #25 MOTION to Dismiss for Failure to State a Claim , #24 MOTION to Dismiss for Lack of Jurisdiction . The filing user has been notified to file the Notice of Hearing Date or a Notice of Waiver of Oral Argument. (acha, )
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Filing 27
NOTICE of Appearance by John E. Swords on behalf of Mark T Esper, Ryan D. McCarthy, United States Department Of Defense (Swords, John)
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Filing 26
Memorandum in Support re #25 MOTION to Dismiss for Failure to State a Claim , #24 MOTION to Dismiss for Lack of Jurisdiction filed by Mark T Esper, Ryan D. McCarthy, United States Department Of Defense. (Yang, Catherine)
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Filing 25
MOTION to Dismiss for Failure to State a Claim by Mark T Esper, Ryan D. McCarthy, United States Department Of Defense. (Yang, Catherine)
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Filing 24
MOTION to Dismiss for Lack of Jurisdiction by Mark T Esper, Ryan D. McCarthy, United States Department Of Defense. (Yang, Catherine)
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Filing 23
ORDER granting #21 Motion for Extension of Time to File. ORDERED that Defendants shall respond to Plaintiff's complaint on or before April 6, 2020. Signed by Magistrate Judge John F. Anderson on 03/13/2020. (wgar, )
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Filing 22
Waiver of re #21 Consent MOTION for Extension to File Defendants' Responsive Pleading (Hearing) by Mark T Esper, Ryan D. McCarthy, United States Department Of Defense (Yang, Catherine)
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Filing 21
Consent MOTION for Extension to File Defendants' Responsive Pleading by Mark T Esper, Ryan D. McCarthy, United States Department Of Defense. (Attachments: #1 Proposed Order)(Yang, Catherine)
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Filing 20
AFFIDAVIT of Service for Complaint and Summons served on the United States Attorney for the Eastern District of Virginia on February 5, 2020, filed by Combat Medical, LLC. (Attachments: #1 Exhibit 1)(Warrington, David)
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Filing 19
AFFIDAVIT of Service for Complaint and Summons served on the Attorney General of the United States on January 22, 2020, filed by Combat Medical, LLC. (Attachments: #1 Exhibit 1)(Warrington, David)
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Filing 18
AFFIDAVIT of Service for Complaint and Summons served on U.S. Department of Defense on January 21, 2020, filed by Combat Medical, LLC. (Attachments: #1 Exhibit 1)(Warrington, David)
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Filing 17
AFFIDAVIT of Service for Complaint and Summons served on Mark T. Esper on January 17, 2020, filed by Combat Medical, LLC. (Attachments: #1 Exhibit 1)(Warrington, David)
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Filing 16
AFFIDAVIT of Service for Complaint and Summons served on Ryan D. McCarthy on January 17, 2020, filed by Combat Medical, LLC. (Attachments: #1 Exhibit 1)(Warrington, David)
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Notice of Correction re #14 Affidavit of Service, #11 Affidavit of Service, #12 Affidavit of Service, #15 Affidavit of Service, #13 Affidavit of Service. The signature block on the document does not match the user's login. The filing user has been notified and has been asked to either refile the document or to have the attorney whose signature block appears on the document refile the document. (acha, )
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Filing 15
AFFIDAVIT of Service for Summons and Complaint served on United States Attorney for the Eastern District of Virginia on February 5, 2020, filed by Combat Medical, LLC. (Warrington, David)
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Filing 14
AFFIDAVIT of Service for Summons and Complaint served on Attorney General of the United States on January 22, 2020, filed by Combat Medical, LLC. (Attachments: #1 Exhibit 1)(Warrington, David)
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Filing 13
AFFIDAVIT of Service for Summons and Complaint served on United States Department of Defense on January 21, 2020, filed by Combat Medical, LLC. (Attachments: #1 Exhibit 1)(Warrington, David)
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Filing 12
AFFIDAVIT of Service for Summons and Complaint served on Mark T. Esper on January 17, 2020, filed by Combat Medical, LLC. (Attachments: #1 Exhibit 1)(Warrington, David)
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Filing 11
AFFIDAVIT of Service for Summons and Complaint served on Ryan D. McCarthy on January 17, 2020, filed by Combat Medical, LLC. (Attachments: #1 Exhibit 1)(Warrington, David)
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Notice of Correction re #9 MOTION for Preliminary Injunction . The filing user has been notified to file a Notice of Hearing Date or Notice of Waiver of Oral Argument. (acha, )
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Filing 10
Memorandum in Support re #9 MOTION for Preliminary Injunction filed by Combat Medical, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Warrington, David)
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Filing 9
MOTION for Preliminary Injunction by Combat Medical, LLC. (Warrington, David)
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| Filing 8 Summons Issued as to Mark T Esper, Ryan D. McCarthy, United States Department Of Defense, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(acha, ) |
| Filing 7 Proposed Summons to United States Attorney General by Combat Medical, LLC. (Warrington, David) |
| Filing 6 Proposed Summons to United States Attorney for the Eastern District of Virginia by Combat Medical, LLC. (Warrington, David) |
| Filing 5 Proposed Summons to United States Department of Defense by Combat Medical, LLC. (Warrington, David) |
| Notice of Correction re #4 Proposed Summons, #3 Proposed Summons. An incomplete, illegible, or incorrect document was filed. The filing user has been notified to refile the complete document. (acha, ) |
| Filing 4 Proposed Summons to Ryan D. McCarthy in his official capacity as Secretary of the Army by Combat Medical, LLC. (Warrington, David) |
| Filing 3 Proposed Summons to Mark Esper, in his official capacity as Secretary of Defense by Combat Medical, LLC. (Warrington, David) |
| Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge John F. Anderson. (spar) |
| Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Combat Medical, LLC. (Warrington, David) |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6999203.), filed by Combat Medical, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8)(Warrington, David) |
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