DELOACH v. POMPEO
| James Albert Deloach |
| Mr Michael Pompeo and Daniel Bennett Smith |
| 1:2021cv01121 |
| October 5, 2021 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Theresa Carroll Buchanan |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 4, 2022. A more recent docket listing may be available from PACER.
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Filing 26
REPLY to Response to Motion re #19 MOTION for Summary Judgment filed by Michael Pompeo. (Attachments: #1 Exhibit K)(Barghaan, Dennis)
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Filing 25
ORDER granting #24 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment. ORDERED that on or before November 29, 2021, defendant shall file his reply memorandum in further support of his motion for summary judgment in the above-captioned action. Signed by Magistrate Judge Theresa Carroll Buchanan on 11/24/2021. (shea)
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Filing 24
MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Summary Judgment by Michael Pompeo. (Attachments: #1 Proposed Order)(Barghaan, Dennis)
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Filing 23
Memorandum of Law in Opposition of Motion for Summary Judgment filed by James Albert Deloach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(shea)
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Filing 22
Roseboro Notice as to Motion for Summary Judgment by Michael Pompeo (Barghaan, Dennis)
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Filing 21
Waiver of re #19 MOTION for Summary Judgment (Waiver of Oral Hearing) by Michael Pompeo (Barghaan, Dennis)
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Filing 20
Memorandum in Support re #19 MOTION for Summary Judgment filed by Michael Pompeo. (Attachments: #1 Exhibit A-J)(Barghaan, Dennis)
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Filing 19
MOTION for Summary Judgment by Michael Pompeo. (Barghaan, Dennis)
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Filing 18
ORDER granting #17 Motion for Pro Se E-Noticing. Signed by District Judge Leonie M. Brinkema on 10/20/2021. (jlan)
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Filing 17
MOTION for Pro Se E-Noticing by James Albert Deloach. (shea)
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Filing 16
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Upon consideration of the representations made by the parties in the Joint Proposed Discovery Plan (Dkt. 15) and taking note of the Scheduling Order (Dkt. 13) entered in this case, the Court makes the following rulings: 1. Defendants request for a one month stay of written and oral discovery (not including initial disclosures) is GRANTED. 2. All discovery shall be concluded by Friday, February 11, 2022. 3. The Joint Proposed Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court. 4. The pretrial conference scheduled for Wednesday, October 20, 2021 at 11:00 a.m. is cancelled. 5. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by Wednesday, November 10, 2021. (see Order for complete details) Signed by Magistrate Judge Theresa Carroll Buchanan on 10/14/21. (Copy mailed to Pro se Plaintiff)(tfitz, )
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Filing 15
Discovery Plan by Michael Pompeo.(Barghaan, Dennis)
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Filing 14
NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of Michael Pompeo (Barghaan, Dennis)
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Filing 13
SCHEDULING ORDER:Initial Pretrial Conference set for 10/20/2021 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Discovery due by 2/11/2022. Final Pretrial Conference set for 2/17/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (c/s to pro se pltf) Signed by District Judge Leonie M. Brinkema on 10/5/21. (yguy)
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Filing 12
Case transferred in from District of District of Columbia; Case Number 1:20-cv-03688. Original file and docket sheet received.
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Notification of transfer of civil case from the District of Columbia Case No. 1:20cv3688 to the Eastern District of Virginia. (ldab, )
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MINUTE ORDER denying in part, and granting in part Defendant's #8 Motion to Dismiss, or Alternatively, to Transfer. Defendant has moved, ECF No. 8, to transfer to the Eastern District of Virginia. "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 28 U.S.C. 1404(a). In deciding whether to transfer a case under 1404(a), the Court must (1) ensure venue is proper in the transferee district, and (2) balance public and private interest factors to determine which forum best serves the convenience of the parties and witnesses as well as the interest of justice. See Ctr. for Envtl. Sci., Accuracy & Reliability v. Nat'l Park Serv., 75 F. Supp. 3d 353, 356 (D.D.C. 2014). Venue is clearly proper in the transferee district, the Eastern District of Virginia, because all of the alleged employment actions and decisions took place there. See ECF No. 1-1 at 1; 42 U.S.C. 2000e-5(f)(3). And as other courts in this district have repeatedly found, the public and private interest factors favor transfer to the district where a plaintiff bringing employment-related claims was employed, which in this case is the Eastern District of Virginia. See, e.g., Hunter v. Johanns, 517 F. Supp. 2d 340, 344 (D.D.C. 2007); Onyeneho v. Allstate Ins. Co., 466 F. Supp. 2d 1, 5 (D.D.C. 2006). Therefore, it is hereby ORDERED that Defendant's motion is GRANTED in part, to the extent that it seeks transfer, and otherwise DENIED as moot, without prejudice to Defendant moving under Rule 12 to dismiss the complaint once the case is docketed in the transferee court. The Clerk of Court is directed to TRANSFER this case to the Eastern District of Virginia. Signed by Judge Timothy J. Kelly on 9/10/21. (lctjk2) [Transferred from District of Columbia on 10/5/2021.]
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Filing 11
REPLY to opposition to motion re #8 MOTION to Dismiss Or, Alternatively, To Transfer MOTION to Transfer Case filed by MICHAEL POMPEO, DANIEL BENNETT SMITH. (Attachments: #1 Text of Proposed Order)(DeGenaro, Stephen) [Transferred from District of Columbia on 10/5/2021.]
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Filing 10
Memorandum in opposition to re #8 MOTION to Dismiss Or, Alternatively, To Transfer MOTION to Transfer Case filed by JAMES ALBERT DELOACH. (ztth) [Transferred from District of Columbia on 10/5/2021.]
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Filing 9
ORDER advising Plaintiff to respond by June 20, 2021, to Defendants' #8 Motion to Dismiss or risk dismissal of the case. See order for details. Signed by Judge Timothy J. Kelly on 5/24/21. (lctjk2) [Transferred from District of Columbia on 10/5/2021.]
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Set/Reset Deadlines: Plaintiff's Response due by 6/20/2021. (zkh) [Transferred from District of Columbia on 10/5/2021.]
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Filing 8
MOTION to Dismiss Or, Alternatively, To Transfer by MICHAEL POMPEO, DANIEL BENNETT SMITH. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(DeGenaro, Stephen). Added MOTION to Transfer Case on 5/24/2021 (ztth). [Transferred from District of Columbia on 10/5/2021.]
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Filing 7
NOTICE OF SUBSTITUTION OF COUNSEL by Stephen DeGenaro on behalf of All Defendants Substituting for attorney John Moustakas (DeGenaro, Stephen) [Transferred from District of Columbia on 10/5/2021.]
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MINUTE ORDER granting, for good cause shown, Defendant's #6 Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendant's #6 Motion is GRANTED and Defendant shall file any response by May 20, 2021. Signed by Judge Timothy J. Kelly on 4/6/21. (lctjk2) [Transferred from District of Columbia on 10/5/2021.]
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Filing 6
Consent MOTION for Extension of Time to File Answer or Otherwise Respond by MICHAEL POMPEO, DANIEL BENNETT SMITH. (Moustakas, John) [Transferred from District of Columbia on 10/5/2021.]
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Filing 5
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/2/2021. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/2/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 4/3/2021.) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DANIEL BENNETT SMITH served on 2/2/2021 (ztth) (Additional attachment(s) added on 2/25/2021: #1 Exhibit) (ztth). [Transferred from District of Columbia on 10/5/2021.]
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Filing 4
SUMMONS (3) Issued as to DANIEL BENNETT SMITH, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent) (ztth) [Transferred from District of Columbia on 10/5/2021.]
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Filing 3
REQUEST FOR SUMMONS TO ISSUE filed by JAMES ALBERT DELOACH. (Attachments: #1 Summons, #2 Summons) (ztth) [Transferred from District of Columbia on 10/5/2021.]
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Filing 2
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 1/20/21. (lctjk2) [Transferred from District of Columbia on 10/5/2021.]
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SUMMONS Not Issued as to MICHAEL POMPEO. (ztth) [Transferred from District of Columbia on 10/5/2021.]
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Filing fee received: $ 402.00, receipt number: 4616104763. (ztth) [Transferred from District of Columbia on 10/5/2021.]
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Filing 1
COMPLAINT against MICHAEL POMPEO with Jury Demand filed by JAMES ALBERT DELOACH, JAMES TROMMATTER, JANET L. YELLEN. (Attachments: #1 Exhibit - Attachment 1, #2 Civil Cover Sheet) (ztth); Modified to add parties on 6/16/2021 (ztth). [Transferred from District of Columbia on 10/5/2021.]
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