TROSTER v. GARLAND
| Rebecca Troster |
| Attorney General William P Barr and Merrick Garland |
| 1:2021cv01410 |
| December 21, 2021 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| Leonie M Brinkema |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 44
ORDER: For the reasons stated in open court, defendant's Motion to Dismiss for Failure to State a Claim [Dkt. No. 32] is GRANTED IN PART AND DENIED IN PART; and it is hereby ORDERED that Count II (Disparate Impact) and Count III (Failure to Accommodate) be and are DISMISSED; and it is further ORDERED that plaintiff file an amended complaint within fourteen (14) days as to Count I (Hostile Environment) and Count IV (Retaliation). Signed by District Judge Leonie M. Brinkema on 2/18/22. (yguy)
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| Filing 43 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 2/18/2022. Appearances of counsel. Court advised of case status. Deft's #32 MOTION to Dismiss for Failure to State a Claim is argued and GRANTED IN PART AND DENIED IN PART. Plaintiff directed to file an amended complaint within 14 days. (order to follow) (Court Reporter S. Austin.)(yguy) |
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Filing 42
ORDER granting #41 Consent MOTION for Electronic Device Application. Signed by District Judge Leonie M. Brinkema on 2/15/2022. (swil)
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| Filing 41 Consent MOTION for Electronic Device Application UNOPPOSED MOTION FOR THE COURTS CONSIDERATION OF ELECTRONIC DEVICES by Rebecca Troster. (Attachments: #1 Exhibit Electronic Device Request Form, #2 Proposed Order)(Kaplan, Matthew) |
| Set Deadlines as to #32 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 2/18/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) |
| Filing 40 Notice of Hearing Date re #32 MOTION to Dismiss for Failure to State a Claim (Baumhart, Peter) |
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Filing 39
ORDERED that the parties meet and confer to select a Friday morning at 10:00 a.m., on February 18, 2022 or thereafter, for the Court to hear such argument, and to file a Notice of Hearing for that time. Signed by District Judge Leonie M. Brinkema on 02/03/2022. (choy, )
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| Filing 38 REPLY to Response to Motion re #32 MOTION to Dismiss for Failure to State a Claim filed by Merrick Garland. (Baumhart, Peter) |
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Filing 37
ORDERED that the Unopposed Motion to File Out of Time #36 is GRANTED and Plaintiff's Response in Opposition to Defendant's Motion to Dismiss filed on January 26, 2022 is accepted nunc pro tunc. Signed by District Judge Leonie M. Brinkema on 01/26/2022. (choy, )
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| Filing 36 Consent MOTION for Extension of Time to File Response/Reply as to #35 Response in Opposition to Motion PLAINTIFF'S MOTION TO FILE OUT OF TIME by Rebecca Troster. (Attachments: #1 Proposed Order)(Kaplan, Matthew) |
| Filing 35 RESPONSE in Opposition re #32 MOTION to Dismiss for Failure to State a Claim PLAINTIFF RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by Rebecca Troster. (Attachments: #1 Exhibit Exhibit 1)(Kaplan, Matthew) |
| Filing 34 Waiver of re #32 MOTION to Dismiss for Failure to State a Claim Waiver of Hearing by Merrick Garland (Baumhart, Peter) |
| Filing 33 Memorandum in Support re #32 MOTION to Dismiss for Failure to State a Claim filed by Merrick Garland. (Baumhart, Peter) |
| Filing 32 MOTION to Dismiss for Failure to State a Claim by Merrick Garland. (Baumhart, Peter) |
| Filing 31 NOTICE of Appearance by Carolyn Michaela Wesnousky on behalf of Merrick Garland (Wesnousky, Carolyn) |
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Filing 30
ORDER granting #28 Motion to Vacate Scheduling Order. The Court's original scheduling Order (Dkt. 21) accordingly is VACATED (see Order for details). Signed by District Judge Leonie M. Brinkema on 1/6/2022. (kgall)
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| Filing 29 Joint Proposed Discovery Plan by Merrick Garland.(Baumhart, Peter) |
| Filing 28 MOTION to Vacate #21 Scheduling Order, by Merrick Garland. (Attachments: #1 Proposed Order)(Baumhart, Peter) |
| Filing 27 NOTICE of Appearance by Peter B. Baumhart on behalf of Merrick Garland (Baumhart, Peter) |
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Filing 26
ORDER granting #24 Motion for Pro hac vice Appointed Kelley Brooks Simoneaux for Rebecca Troster. Signed by District Judge Leonie M. Brinkema on 1/5/2021. (kgall)
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Filing 25
ORDER granting #23 Motion for Pro hac vice Appointed David J. Shaffer for Rebecca Troster. Signed by District Judge Leonie M. Brinkema on 1/5/2022. (kgall)
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| Filing 24 Motion to appear Pro Hac Vice by KELLEY BROOKS SIMONEAUX and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number AVAEDC-8180125. by Rebecca Troster. (Kaplan, Matthew) |
| Filing 23 Motion to appear Pro Hac Vice by David Shaffer and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number AVAEDC-8180113. by Rebecca Troster. (Kaplan, Matthew) |
| Filing 22 NOTICE of Appearance by Matthew Bryce Kaplan on behalf of Rebecca Troster (Kaplan, Matthew) |
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Filing 21
[VACATED PER ECF 30]SCHEDULING ORDER: Initial Pretrial Conference set for 1/12/2022 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 5/19/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Discovery due by 5/13/2022. Signed by District Judge Leonie M. Brinkema on 12/22/2021. (Attachments: #1 Pretrial Notice, #2 Magistrate Judge Consent Form)(jlan)
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Filing 20
ORDERED that by Friday, January 7, 2022, the parties ensure that an attorney who is admitted to the bar of this court enter an appearance. It is further ORDERED that a scheduling order will be issued with this Order. Signed by District Judge Leonie M. Brinkema on 12/22/2021. (choy, )
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| Filing 19 Case transferred in from District of District of Columbia; Case Number 1:20-cv-03584. Original file and docket sheet received. |
| Notification of transfer of civil case from the District of Columbia Case No. 1:20cv3584 to the Eastern District of Virginia. (ldab, ) |
| Filing 18 MEMORANDUM OPINION regarding the defendant's #14 Motion to Dismiss or, in the Alternative, to Transfer Venue. Signed by Chief Judge Beryl A. Howell on December 10, 2021. (lcbah2) [Transferred from District of Columbia on 12/21/2021.] |
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Filing 17
ORDER DENYING in part and GRANTING in part the defendant's #14 Motion to Dismiss, or in the Alternative, to Transfer Venue, and TRANSFERRING this case to the U.S. District Court for the Eastern District of Virginia. Transfer due by 12/20/2021. Signed by Chief Judge Beryl A. Howell on December 10, 2021. (lcbah2) [Transferred from District of Columbia on 12/21/2021.]
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| Filing 16 REPLY to opposition to motion re #14 MOTION to Dismiss First Amended Complaint or, in the Alternative, to Transfer Venue MOTION to Transfer Case filed by MERRICK GARLAND. (Tepe, Sean) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 15 Memorandum in opposition to re #14 MOTION to Dismiss First Amended Complaint or, in the Alternative, to Transfer Venue MOTION to Transfer Case IN OPPOSITION filed by REBECCA TROSTER. (Attachments: #1 Exhibit 1 - Plaintiff Declaration 6.21.2021)(Shaffer, David) Modified docket event/text on 6/28/2021 (eg). [Transferred from District of Columbia on 12/21/2021.] |
| Filing 14 MOTION to Dismiss First Amended Complaint or, in the Alternative, MOTION to Transfer Case by MERRICK GARLAND. (Attachments: #1 Declaration of K. Corado, #2 Exhibit A-B, #3 Text of Proposed Order)(Tepe, Sean). Added MOTION to Transfer Case on 6/3/2021 (eg). [Transferred from District of Columbia on 12/21/2021.] |
| Set/Reset Deadlines: Motion to dismiss due by 5/28/2021; opposition to dispositive motion due by 6/18/2021; reply due by 7/2/2021. (ztg) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 13 Consent MOTION for Briefing Schedule for Motion to Dismiss Amended Complaint by MERRICK GARLAND. (Tepe, Sean) [Transferred from District of Columbia on 12/21/2021.] |
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MINUTE ORDER (paperless) GRANTING defendant's #13 Consent Motion to Set Schedule for Briefing Motion to Dismiss Amended Complaint and ISSUING the following Scheduling Order:1) Defendant's motion to dismiss the amended complaint is due by May 28, 2021;2) Plaintiff's opposition is due by June 18, 2021; and3) Defendant's reply is due by July 2, 2021.Signed by Chief Judge Beryl A. Howell on May 10, 2021. (lcbah4) [Transferred from District of Columbia on 12/21/2021.]
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MINUTE ORDER (paperless) DENYING AS MOOT defendant's #10 Motion to Dismiss or, in the Alternative, to Transfer Venue in light of the plaintiff's #12 Amended Complaint. Signed by Chief Judge Beryl A. Howell on April 27, 2021. (lcbah4) [Transferred from District of Columbia on 12/21/2021.]
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| Filing 12 AMENDED COMPLAINT against MERRICK GARLAND with Jury Demand filed by REBECCA TROSTER. (Attachments: #1 Exhibit 1 - Redlined, #2 Certificate of Service)(Shaffer, David) [Transferred from District of Columbia on 12/21/2021.] |
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MINUTE ORDER (paperless) GRANTING plaintiff's #11 Unopposed Motion for an Extension of time and DIRECTING plaintiff to file, by April 26, 2021, her opposition to defendan's #10 Motion to Dismiss. Signed by Chief Judge Beryl A. Howell on April 23, 2021. (lcbah4) [Transferred from District of Columbia on 12/21/2021.]
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| Set/Reset Deadlines: Plaintiff's opposition to Dispositive Motion due by 4/26/2021. (ztg) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by REBECCA TROSTER. (Attachments: #1 Text of Proposed Order)(Shaffer, David) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 10 MOTION to Dismiss or, in the Alternative, MOTION to Transfer Case by MERRICK GARLAND. (Attachments: #1 Text of Proposed Order, #2 Declaration of Janeen DiGuiseppi)(Tepe, Sean). Added MOTION to Transfer Case on 4/15/2021 (zeg). [Transferred from District of Columbia on 12/21/2021.] |
| Filing 9 NOTICE of Appearance by Sean Michael Tepe on behalf of MERRICK GARLAND (Tepe, Sean) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/8/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/9/2021. (Attachments: #1 Exhibit 1 - Proof of Service as to US Attorney for District of Columbia)(Shaffer, David) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 7 SUMMONS (1) Issued Electronically as to U.S. Attorney. (eg) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 6 NOTICE of Appearance by Kelley Brooks Simoneaux on behalf of REBECCA TROSTER (Simoneaux, Kelley) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 5 REQUEST FOR SUMMONS TO ISSUE filed by REBECCA TROSTER.(Shaffer, David) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/28/2020. (Shaffer, David) [Transferred from District of Columbia on 12/21/2021.] |
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Filing 3
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on December 10, 2020. (lcbah4) [Transferred from District of Columbia on 12/21/2021.]
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| Filing 2 SUMMONS (1) Issued Electronically as to WILLIAM P. BARR. (Attachment: #1 Notice and Consent)(adh, ) (Main Document 2 replaced on 12/16/2020) (adh, ). [Transferred from District of Columbia on 12/21/2021.] |
| Case Assigned to Chief Judge Beryl A. Howell. (adh, ) [Transferred from District of Columbia on 12/21/2021.] |
| Filing 1 COMPLAINT against WILLIAM P. BARR with Jury Demand ( Filing fee $ 402 receipt number ADCDC-7936877), REQUEST FOR SUMMONS TO ISSUE , CIVIL COVER SHEET by REBECCA TROSTER filed by REBECCA TROSTER. (Attachments: #1 Summons Summons for Barr as head of DOJ, #2 Summons Summons for Barr in his official capacity, #3 Civil Cover Sheet)(Shaffer, David) [Transferred from District of Columbia on 12/21/2021.] |
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