Webster et al v. Esper et al
| Kirk E. Webster and Katrina L. Webster |
| National Geospatial -Intelligence Agency and Mark Esper |
| 1:2020cv00009 |
| January 6, 2020 |
| US District Court for the Eastern District of Virginia |
| T S Ellis |
| Michael S Nachmanoff |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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Filing 32
ORDERED that defendants' motion to dismiss plaintiffs' complaint (Dkt. #20 ) is GRANTED. Plaintiffs' complaint (Dkt. #1 ) is DISMISSED in its entirety. Plaintiffs' claims of failure to process their EEO complaints and all complaints of discrimination and retaliation against NGA related to Mr. Webster's employment at NGA prior to the execution of the 2012 Settlement Agreement are DISMISSED with prejudice. Plaintiffs' claim of collusion between NGA and the Department of the Navy related to the Navy's failure to promote Mrs. Webster is DISMISSED without prejudice to Mrs. Webster litigating those claims in the first filed action in the District of Columbia (Civil Action No. 1:17-cv-01472-DLF). Signed by District Judge T. S. Ellis, III on 02/28/2020. (See Order for further details). (tran, c/m on 02/28/20)
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| Filing 31 MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 02/28/2020. (tran, c/m on 02/28/20) |
| Filing 30 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 2/28/2020 re #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by National Geospatial -Intelligence Agency, Mark Esper.Plaintiff(s), Katrina L Webster and Kirk E. Webster appeared Pro Se. Dennis Barghaan appeared on behalf of the defendant.Matter argued and taken under advisement. Order to follow. Court Reporter: P. Kaneshiro-Miller(tran) |
| Filing 29 Plaintiffs' Reply to Defendant's Response to Plaintiff's Opposition to Defendant's Motion to Dismiss re #28 Response in Support of Motion filed by Kirk E. Webster. (Attachments: #1 Proposed Order)(shea) (Additional attachment(s) added on 2/19/2020: #2 Envelope) (shea, ). |
| Filing 28 RESPONSE in Support re #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Esper, National Geospatial -Intelligence Agency. (Barghaan, Dennis) |
| Filing 27 Exhibits #23 through #38 with Proposed Order Continuation #24 Plaintiff's Opposition to Defendant's #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Katrina L. Webster, Kirk E. Webster. (Attachments: #1 Exhibit #24, #2 Exhibit #25, #3 Exhibit #26, #4 Exhibit #27, #5 Exhibit #28, #6 Exhibit #29, #7 Exhibit #30, #8 Exhibit #31, #9 Exhibit #32, #10 Exhibit #33, #11 Exhibit #34, #12 Exhibit #35, #13 Exhibit #36, #14 Exhibit #37, #15 Exhibit #38, #16 Proposed Order)(acha, ) |
| Filing 26 Exhibits #11 through #22 Continuation #24 Plaintiff's Opposition to Defendant's #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Katrina L. Webster, Kirk E. Webster. (Attachments: #1 Exhibit #12, #2 Exhibit #13, #3 Exhibit #14, #4 Exhibit #15, #5 Exhibit #16, #6 Exhibit #17, #7 Exhibit #18, #8 Exhibit #19, #9 Exhibit #20, #10 Exhibit #21, #11 Exhibit #22)(acha, ) |
| Filing 25 Main Document Part 11 and Part 12 and Exhibits #1 through #10 Continuation #24 Plaintiff's Opposition to Defendant's #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Katrina L. Webster, Kirk E. Webster filed by Katrina L. Webster, Kirk E. Webster. (Attachments: #1 Main Document Part 12, #2 Exhibit #1, #3 Exhibit #2, #4 Exhibit #3, #5 Exhibit #4, #6 Exhibit #5, #7 Exhibit #6, #8 Exhibit #7, #9 Exhibit #8, #10 Exhibit #9, #11 Exhibit 10)(acha, ) |
| Filing 24 Plaintiff's Opposition to Defendant's #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Katrina L. Webster, Kirk E. Webster. (Attachments: #1 Main Document Part 2, #2 Main Document Part 3, #3 Main Document Part 4, #4 Main Document Part 5, #5 Main Document Part 6, #6 Main Document Part 7, #7 Main Document Part 8, #8 Main Document Part 9, #9 Main Document Part 10)(acha, ) |
| Set Deadlines as to #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 2/28/2020 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) |
| Filing 23 Roseboro Notice as to Motion to Dismiss by Mark Esper, National Geospatial -Intelligence Agency (Barghaan, Dennis) |
| Filing 22 Notice of Hearing Date set for 2/28/2020 re #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Barghaan, Dennis) |
| Filing 21 Memorandum in Support re #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Esper, National Geospatial -Intelligence Agency. (Attachments: #1 Exhibits A-C)(Barghaan, Dennis) |
| Filing 20 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Mark Esper, National Geospatial -Intelligence Agency. (Barghaan, Dennis) |
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Filing 19
ORDERED that, on or before Friday, January 24, 2020 at 5:00 p.m. defendants SHALL either file a motion to dismiss or answer the complaint. Signed by District Judge T. S. Ellis, III on 01/06/2020. (tran, c/m on 01/06/20)
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| Filing 18 Case transferred in from District of District of Columbia; Case Number 1:19-cv-02231. Original file and docket sheet received. |
| Case transferred to the USDC for the USDC for the Eastern District of Virginia, pursuant to the Court Order entered 12/26/19. Sent to Court via Extraction. (ztd) [Transferred from District of Columbia on 1/6/2020.] |
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Filing 17
LEAVE TO FILE DENIED- plaintiff's motion to apprise court of unscrupulous activity to intimidate plaintiffs ("Leave to file Denied. Case has been ordered transferred to Eastern District of Virginia. See 12/16/19 Order, and closed.") signed 12/23/19 by Judge Christopher R. Cooper This document is unavailable as the Court denied its filing.. Signed by Judge Christopher R. Cooper on 12/23/19. (ztd) [Transferred from District of Columbia on 1/6/2020.]
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Filing 16
OPINION and ORDER granting Motion to Transfer Case #7 ; finding as moot #6 Motion to Dismiss. The Clerk of Court is ordered to transfer this case to the United States District Court for the Eastern District of Virginia. Transfer due by 1/5/2020. Signed by Judge Christopher R. Cooper on 12/16/19. (lccrc1) [Transferred from District of Columbia on 1/6/2020.]
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| Filing 15 REPLY to opposition to motion re #6 MOTION to Dismiss MOTION to Transfer Case, #7 MOTION to Transfer Case filed by MARK ESPER, NATIONAL GEOSPATIAL -INTELLIGENCE AGENCY. (Chang, William) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 14 NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of All Defendants Substituting for attorney JOSHUA ROGERS (Chang, William) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 13 Memorandum in opposition to #6 MOTION to Dismiss MOTION to Transfer Case, #7 MOTION to Transfer Case filed by KATRINA L. WEBSTER, KIRK E. WEBSTER. (ztth) [Transferred from District of Columbia on 1/6/2020.] |
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Filing 11
ORDER advising Plaintiffs to respond by November 18, 2019 to Defendants' #7 Motion to Dismiss and #6 Motion to Transfer or risk entry of judgment for Defendants on what will be treated as a conceded motion (see written order for details). Signed by Judge Christopher R. Cooper on 10/16/19. (lccrc1) [Transferred from District of Columbia on 1/6/2020.]
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MINUTE ORDER: Plaintiffs' 10 Motion for Entry of Default Judgment is DENIED. Signed by Judge Christopher R. Cooper on 10/16/19. (lccrc1) [Transferred from District of Columbia on 1/6/2020.]
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| Set/Reset Deadlines: Response to Dispositive Motions due by 11/18/2019. (lsj) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 12 Civil Statement from Plaintiff of proof of EEO activity with NGA's predecessor agency NIMA. (ztd) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 10 MOTION for Entry of Default, MOTION for Default Judgment as to by KATRINA L. WEBSTER, KIRK E. WEBSTER (ztd); (See docket entry no. #9 to view.) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 9 Memorandum in opposition to re #5 MOTION for Extension of Time to Answer or Otherwise Respond filed by KATRINA L. WEBSTER, KIRK E. WEBSTER. (Attachments: #1 Text of Proposed Order)(ztd) [Transferred from District of Columbia on 1/6/2020.] |
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MINUTE ORDER: The Government's #5 Motion for Extension of Time is GRANTED. Signed by Judge Christopher R. Cooper on 10/9/19. (lccrc1) [Transferred from District of Columbia on 1/6/2020.]
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| Filing 8 SUPPLEMENTAL MEMORANDUM to re #6 MOTION to Dismiss, #7 MOTION to Transfer Case by MARK ESPER, NATIONAL GEOSPATIAL -INTELLIGENCE AGENCY (Attachments: #1 Declaration)(Rogers, Joshua) Modified text and linkage on 10/9/2019 (ztd). [Transferred from District of Columbia on 1/6/2020.] |
| Filing 7 MOTION to Transfer Case by MARK ESPER, NATIONAL GEOSPATIAL -INTELLIGENCE AGENCY (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Rogers, Joshua) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 6 MOTION to Dismiss by MARK ESPER, NATIONAL GEOSPATIAL -INTELLIGENCE AGENCY (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Rogers, Joshua). Added MOTION to Transfer Case on 10/9/2019 (ztd). [Transferred from District of Columbia on 1/6/2020.] |
| Filing 5 MOTION for Extension of Time to Answer or Otherwise Respond by MARK ESPER, NATIONAL GEOSPATIAL -INTELLIGENCE AGENCY (Attachments: #1 Text of Proposed Order)(Rogers, Joshua) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/5/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/7/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 10/6/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK ESPER served on 7/30/2019 (ztd) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 3 NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 2 NOTICE OF RELATED CASE by KATRINA L. WEBSTER, KIRK E. WEBSTER. Case related to Case No. 16-cv-2114 CRC. (ztd) [Transferred from District of Columbia on 1/6/2020.] |
| Filing 1 COMPLAINT against MARK ESPER, NATIONAL GEOSPATIAL -INTELLIGENCE AGENCY ( Filing fee $ 400, receipt number 4616099907) with Jury Demand filed by KATRINA L. WEBSTER, KIRK E. WEBSTER. (Attachments: #1 Exhibit Part 1 of 2, #2 Exhibit Part 2 of 2, #3 Civil Cover Sheet)(ztd) [Transferred from District of Columbia on 1/6/2020.] |
| SUMMONS (3) Issued as to MARK ESPER, U.S. Attorney and U.S. Attorney General (ztd) [Transferred from District of Columbia on 1/6/2020.] |
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