Fitten v. McCarthy
Plaintiff: Steven M. Fitten
Defendant: Ryan D. McCarthy
Case Number: 1:2020cv00676
Filed: June 18, 2020
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Leonie M Brinkema
Referring Judge: Ivan D Davis
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2020 Filing 32 Memorandum in Opposition re #30 MOTION to Amend/Correct filed by Ryan D. McCarthy. (Yang, Catherine)
July 30, 2020 Filing 31 REPLY to Response to Motion re #22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., #23 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Ryan D. McCarthy. (Attachments: #1 DEX 3, #2 DEX 4)(Yang, Catherine)
July 24, 2020 Filing 30 MOTION to Amend Complaint by Steven M. Fitten. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Declaration, #12 Proposed Amended Complaint, #13 Letter)(dest, )
July 24, 2020 Filing 29 Memorandum of Law Contra Defedant's Motion to Dismiss; Plaintiff's Motion to Amend Complaint filed by Steven M. Fitten. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Declaration, #12 Proposed Amended Complaint, #13 Letter)(dest, )
July 7, 2020 Opinion or Order Filing 28 ORDERED that plaintiffs deadline for responding to defendant's motions to dismiss be and is EXTENDED until Friday, July 24, 2020. Signed by District Judge Leonie M. Brinkema on 7/7/2020. (dvanm, )
July 6, 2020 Filing 27 CLERK'S OFFICE ERROR. (dvanm, ) (Main Document 27 replaced on 7/7/2020) (dvanm, ). Modified on 7/7/2020 (dvanm, ).
July 6, 2020 Filing 26 MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Steven M. Fitten. (dvanm, )
June 18, 2020 Filing 25 Waiver of re #22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., #23 MOTION to Dismiss for Failure to State a Claim with Roseboro,. (Hearing) by Ryan D. McCarthy (Yang, Catherine)
June 18, 2020 Filing 24 Memorandum in Support re #22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., #23 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Ryan D. McCarthy. (Attachments: #1 DEX 1, #2 DEX 2)(Yang, Catherine)
June 18, 2020 Filing 23 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Ryan D. McCarthy. (Attachments: #1 Roseboro Notice)(Yang, Catherine)
June 18, 2020 Filing 22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. by Ryan D. McCarthy. (Attachments: #1 Roseboro Notice)(Yang, Catherine)
June 18, 2020 Filing 21 Case transferred in from District of Hawaii; Case Number 1:19-cv-00520. Original file and docket sheet received.
June 9, 2020 Filing 20 ANSWER to #1 Complaint, COS by Ryan D. McCarthy.(Ching, Edric) [Transferred from Hawaii on 6/18/2020.]
May 26, 2020 Opinion or Order Filing 19 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S PARTIAL MOTION TO DISMISS SOUTH KOREA NON-SELECTION CLAIMS, OR IN THE ALTERNATIVE, TO TRANSFER SOUTH KOREA NON-SELECTION CLAIMS TO THE EASTERN DISTRICT OF VIRGINIA re #10 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/26/2020. On the basis of the foregoing, Defendant's Partial Motion to Dismiss South Korea Non-Selection Claims, or in the Alternative, to Transfer South Korea Non- Selection Claims to the Eastern District of Virginia, filed February 3, 2020, is HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is DENIED as to Defendant's request to dismiss the South Korea Claims based on improper venue. The Motion is GRANTED insofar as the South Korea Claims are HEREBY TRANSFERRED to the United States District Court for the Eastern District of Virginia. Plaintiff's other claims are not affected by this Order, and those claims remain pending in this action in the District of Hawai'i. The Clerk's Office is DIRECTED to effectuate the transfer unless Plaintiff files a motion for reconsideration on or before the required deadline. (emt, )COURT'S CERTIFICATE of Service - Steven M. Fitten shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 27, 2020. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). [Transferred from Hawaii on 6/18/2020.]
March 18, 2020 Filing 18 MEMORANDUM of Law Contra #10 Defendant's Partial MOTION to Dismiss IMCOM Pacific Contract Specialist NH-1102-III or Altenatively Transfer Claim to Eastern District of Virginia - filed by Steven M. Fitten. (Attachments: #1 Transmittal Letter from Steven M. Fitten, dated March 13, 2020, #2 Mailing Documentation) (emt, ) [Transferred from Hawaii on 6/18/2020.]
March 17, 2020 Filing 17 REPLY re #10 Partial MOTION to Dismiss South Korea Non-Selection Claims, or in the Alternative, to Transfer Korea Non-Selections to the Eastern District of Virginia; COS filed by Ryan D. McCarthy. (Ching, Edric) [Transferred from Hawaii on 6/18/2020.]
March 13, 2020 Filing 16 MEMORANDUM of Law #10 Contra Defendant's Partial MOTION to Dismiss INCOM Pacific Contract Specialist NH-1102-III or Alternatively Transfer Claim to Eastern District of Virginia - filed by Steven M. Fitten. (Attachments: #1 Transmittal Letter dated March 12, 2020, #2 Mailing Documentation) (emt, ) [Transferred from Hawaii on 6/18/2020.]
February 14, 2020 Filing 15 EO: COURT ORDER DENYING AS UNNECESSARY PLAINTIFFS MOTION TO EXTEND TIME. (JUDGE LESLIE E. KOBAYASHI)(tl, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 6/18/2020.]
February 13, 2020 Filing 14 MOTION to Extend Time to File a Response to the Defendant's Motion to Dismiss Non-Selection Claims for Positions Located in South Korea or Alternatively to Transfer Said Claims to the Eastern District of Virginia Motion; (Certificate of Service) - by Plaintiff Steven M. Fitten. (Attachments: #1 Exhibit 1, #2 Mailing Documentation) (emt, ) [Transferred from Hawaii on 6/18/2020.]
February 5, 2020 Filing 13 REPLY to Deficiency Notice & Order Regarding Proof of Service of Summons and Complaint on Defendant re #9 - filed by Steven M. Fitten. (Attachments: #1 Exhibit 1, #2 Mailing Documentation) (emt, ) (Additional attachment(s) added on 2/6/2020: #3 Transmittal Letter from Steven M. Fitten) (emt, ). [Transferred from Hawaii on 6/18/2020.]
February 5, 2020 Filing 12 Errata re #10 Partial MOTION to Dismiss South Korea Non-Selection Claims, or in the Alternative, to Transfer Korea Non-Selections to the Eastern District of Virginia; COS ; COS. (Attachments: #1 Declaration of Peter J. Flanagan)(Ching, Edric) [Transferred from Hawaii on 6/18/2020.]
February 4, 2020 Filing 11 EO: #10 MOTION to Dismiss South Korea Non-Selection Claims, or in the Alternative, to Transfer Korea Non-Selections to the Eastern District of Virginia; COS. Motion Hearing is set for 4/3/2020 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI) (afe)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 6/18/2020.]
February 3, 2020 Filing 10 Partial MOTION to Dismiss South Korea Non-Selection Claims, or in the Alternative, to Transfer Korea Non-Selections to the Eastern District of Virginia; COS Edric Ming-Kai Ching appearing for Defendant Ryan D. McCarthy (Attachments: #1 Memorandum in Support, #2 Declaration of Kyoung Mi Pak, #3 Declaration of Peter J. Flanagan)(Ching, Edric) Modified on 2/4/2020 (emt, ). [Transferred from Hawaii on 6/18/2020.]
January 14, 2020 Opinion or Order Filing 9 DEFICIENCY NOTICE AND ORDER REGARDING SERVICE OF DEFENDANT - Signed by MAGISTRATE JUDGE WES REBER PORTER on 1/14/2020. The Rule 16 Scheduling Conference set for February 4, 2020, is VACATED and will be rescheduled as appropriate. (emt, )COURT'S CERTIFICATE of Service - Steven M. Fitten shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 14, 2020. [Transferred from Hawaii on 6/18/2020.]
November 6, 2019 Filing 8 EO: Plaintiff's request to continue the Rule 16 Scheduling Conference is granted. See ECF No. 7. The Rule 16 Scheduling Conference is CONTINUED from 11/26/2019 to 2/4/2020 at 9:45 a.m. in the Chambers of Magistrate Judge Wes Reber Porter. Plaintiff may participate by telephone. The Court will call Plaintiff for the conference at the telephone number provided. (MAGISTRATE JUDGE WES REBER PORTER) (agh)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 6/18/2020.]
November 4, 2019 Filing 7 MOTION to Reschedule Rule 16 Scheduling Conferenceby Plaintiff Steven M. Fitten. (apg, ) [Transferred from Hawaii on 6/18/2020.]
September 26, 2019 Filing 6 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, ) [Transferred from Hawaii on 6/18/2020.]
September 26, 2019 Opinion or Order Filing 5 Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 11/25/2019 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/26/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, ) [Transferred from Hawaii on 6/18/2020.]
September 26, 2019 Filing 4 Filing fee: $ 400, receipt number HI027334 re #1 Complaint. (emt, ) [Transferred from Hawaii on 6/18/2020.]
September 26, 2019 Filing 3 Summons Issued as to Ryan D. McCarthy, Acting Secretary, Department of the Army. (emt, ) [Transferred from Hawaii on 6/18/2020.]
September 26, 2019 Filing 2 CIVIL Cover Sheet - by Steven M. Fitten. (emt, ) [Transferred from Hawaii on 6/18/2020.]
September 26, 2019 Filing 1 COMPLAINT for Employment Discrimination and Jury Demand against Ryan D. McCarthy - filed by Steven M. Fitten. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3) (emt, ) Modified on 9/27/2019: ECF No. #4 Filing fee: $ 400, receipt number HI027334 re 1 Complaint. (emt, ). [Transferred from Hawaii on 6/18/2020.]

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Plaintiff: Steven M. Fitten
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Defendant: Ryan D. McCarthy
Represented By: Catherine M. Yang
Represented By: Lauren A. Wetzler
Represented By: Edric Ming-Kai Ching
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