Allen v. McCarthy
| Joy A. Allen and Sandra D. |
| Honorable Ryan D. McCarthy, John E. Whitley and Christine Wormuth |
| 1:2022cv00603 |
| May 25, 2022 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| John F Anderson |
| Leonie M Brinkema |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 2, 2023. A more recent docket listing may be available from PACER.
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Filing 42
ORDER granting in part #41 Motion for Extension of Time to File. ORDERED that Plaintiff shall have an additional 14 days from the date of this Order to complete and file the Fed. R. Civ. P. 26(a)(1) disclosures pertaining to the instant matter. Signed by Magistrate Judge John F. Anderson on 07/08/2022. (wgar, )
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Filing 41
MOTION for Extension of Time Pursuant to Fed. R. Civ. P 6(b) by Joy A. Allen. (Attachments: #1 Proposed Order)(kgall)
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Filing 40
ANSWER to #1 Complaint by Christine Wormuth.(Barghaan, Dennis)
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Filing 39
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: The Joint Discovery Plan filed by the parties is approved in part and shall control discovery to the extent of its application unless further modified by the court. Signed by Magistrate Judge John F. Anderson on 06/15/2022. SEE ORDER FOR FURTHER DETAILS.(wgar, )
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Filing 38
Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Initial Pretrial Conference held on 6/15/2022 via ZoomGov. Appearance of plaintiff (pro se) and counsel for defendant. Discovery Plan approved in part. Order to issue. (wgar, )
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Filing 37
Discovery Plan by Christine Wormuth.(Barghaan, Dennis)
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Filing 36
NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of Christine Wormuth (Barghaan, Dennis)
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RESET(ONLY TO CORRECT JUDGE) Deadlines/Hearings Initial Pretrial Conference set for 6/15/2022 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (yguy)
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Filing 35
SCHEDULING ORDER:Initial Pretrial Conference set for 6/15/2022 at 11:00 AM in Alexandria Courtroom 501 before District Judge Leonie M. Brinkema. Discovery due by 10/14/2022. Final Pretrial Conference set for 10/20/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema.(copy mailed to pro se pltf). Signed by District Judge Leonie M. Brinkema on 5/27/22. (Attachments: #1 Mag.Consent, #2 Pretrial Notice)(yguy)
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Notification of transfer of civil case from the Middle District of Tennessee Case No. 3:20cv1099 to the Eastern District of Virginia. (ldab, )
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Filing 34
Case transferred in from District of Tennessee Middle; Case Number 3:20-cv-01099. Original file and docket sheet received.
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Filing 33
ORDER: Plaintiff's objections fail to state viable grounds to challenge the Magistrate Judge's conclusions or otherwise provide a basis to reject or modify the Report and Recommendation. Thus, having fully considered Plaintiff's objections, the Court concludes that they are without merit, and that the Report and Recommendation #30 should be adopted and approved. Accordingly, Defendant's Motion (Doc. No. #21 ) is DENIED to the extent it sought dismissal under Federal Rule of Civil Procedure 12(3) and GRANTED to the extent it sought transfer of this lawsuit to the appropriate venue. It is hereby ORDERED that this case be transferred to the U.S. District Court for the Eastern District of Virginia. Signed by District Judge William L. Campbell, Jr on 5/24/2022. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 32
OBJECTION to #30 Report and Recommendations by Joy A. Allen. (mg) Modified on 2/8/2022 (mg). [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 31
PROPOSED ORDER by Joy A. Allen re #30 REPORT AND RECOMMENDATION re #21 MOTION TO TRANSFER VENUE TO MORE APPROPRIATE FORUM AND FOR PARTIAL DISMISSAL. (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 30
REPORT AND RECOMMENDATION re #21 MOTION TO TRANSFER VENUE TO MORE APPROPRIATE FORUM AND FOR PARTIAL DISMISSAL: it is respectfully RECOMMENDED that Defendant's motion to dismiss (Docket Entry No. #21 ) be: 1) DENIED to the extent that Defendant seeks dismissal of this lawsuit under Rule 12(b)(3); and, 2) GRANTED to the extent that Defendant seeks transfer of this lawsuit to the appropriate venue. In accordance with 28 U.S.C. 1406(a), this case should be transferred to the Eastern District of Virginia. Signed by Magistrate Judge Barbara D. Holmes on 1/31/2022. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 29
SUR-REPLY in Opposition of Motion to Transfer Venue filed by Joy A. Allen re #21 MOTION TO TRANSFER VENUE. (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 28
ORDER: Plaintiff's motion (Docket Entry No. #27 ) for leave to file a sur-reply is GRANTED. The Clerk is directed to docket the proposed sur-reply (Docket Entry No. 27-1) as Plaintiff's sur-reply. Signed by Magistrate Judge Barbara D. Holmes on 1/19/2022. (xc:Pro se party by regular mail.) (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 27
MOTION FOR LEAVE TO FILE SUR REPLY filed by Joy A. Allen re #21 Motion to Transfer Venue. (mg) (Main Document 27 replaced on 1/14/2022) (mg). Modified on 1/14/2022 (mg). (Additional attachment(s) added on 1/14/2022: #1 Attachment - SUR-REPLY) (mg). [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 26
ORDER granting #24 Motion for Extension of Time to File Reply re #21 MOTION TO TRANSFER VENUE TO MORE APPROPRIATE FORUM AND FOR PARTIAL DISMISSAL Reply due by 1/17/2022. Signed by Magistrate Judge Barbara D. Holmes on 1/13/2022. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 25
REPLY BRIEF IN SUPPORT OF DEFENDANT'S #21 MOTION TO TRANSFER VENUE TO MORE APPROPRIATE FORUM AND FOR PARTIAL DISMISSAL filed by Christine Wormuth, Secretary, United States Department of the Army (Roden, Michael) Modified on 1/14/2022 (mg). Modified on 1/14/2022 (mg). [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 24
MOTION for Extension of Time to File Response/Reply as to #23 Response in Opposition to Motion by John E. Whitley. (Roden, Michael) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 23
PLAINTIFF'S OBJECTION TO #21 MOTION TO TRANSFER VENUE AND OBJECTION TO #21 MOTION FOR PARTIAL DISMISSAL filed by Joy A. Allen. (mg) Modified on 1/3/2022 (mg). [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 22
MEMORANDUM in Support of #21 MOTION TO TRANSFER VENUE TO MORE APPROPRIATE FORUM AND FOR PARTIAL DISMISSAL filed by John E. Whitley . (Roden, Michael) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 21
MOTION TO TRANSFER VENUE TO MORE APPROPRIATE FORUM AND FOR PARTIAL DISMISSAL by John E. Whitley. (Roden, Michael) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 20
ORDER granting #19 Motion for Extension of Time to Answer re #1 Complaint. John E. Whitley answer due 12/29/2021. Signed by Magistrate Judge Barbara D. Holmes on 11/23/2021. (xc:Pro se party by regular mail.) (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 19
MOTION for Extension of Time to File Answer re #1 Complaint AND/OR OTHER RESPONSIVE PLEADING by John E. Whitley. (Roden, Michael) [Transferred from Tennessee Middle on 5/25/2022.]
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TN State Bar status verified as active for Michael L. Roden admitted to this court. (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 18
NOTICE of Appearance by Michael L. Roden on behalf of John E. Whitley (Roden, Michael) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 17
SUMMONS Returned Executed by Joy A. Allen. U.S. Attorney's Office, Nashville, TN served on 9/28/2021. (Note: Christine Wormuth is now the Secretary of the Army, but has not been officially added to the docket sheet.) (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 16
SUMMONS Returned Executed by Joy A. Allen. Christine Wormuth served on 9/30/2021. (Note: Christine Wormuth is now the Secretary of the Army, but has not been officially added to the docket sheet.)(mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 15
Summons issued as to Ryan D. McCarthy. (Service pages were returned to pro se party at intake.) (kc) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 14
CERTIFIED MAIL RECEIPT re #13 Order on Motion for Default Judgment. (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 13
DENIAL OF MOTION FOR ENTRY OF DEFAULT: Pending is Plaintiff's Motion for Default Judgment against defendant John E. Whitley, Acting Secretary of the Army ("Defendant"). (Doc. No. #11 ). [A]lthough Plaintiff sent a copy of the Summons and Complaint to Defendant via certified mail, Plaintiff has not provided sufficient evidence that Defendant Whitley was served. Plaintiff filed the returned Summons issued to the Defendant along with USPS tracking history indicating that the parcel was delivered to an address in Washington, D.C. (Doc. No. #10 ). However, the USPS information provided does not include a certified mail receipt and it does not identify the parcel's recipient or the address to which it was delivered. For the reasons stated herein, Plaintiff's Motion for entry of default, styled as a Motion for Default Judgment (Doc. No. #11 ), is DENIED without prejudice. Signed by Lynda M. Hill, Clerk of Court on 7/13/2021. (xc:Pro se party by regular mail, and a copy of this Order by certified mail to John E. Whitley Secretary, Department of the Army to the address found in Docket Entry No. #9 .) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 12
NOTICE of Change of Address by Joy A. Allen. (Note: address has been updated in this action.) (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 11
MOTION for Default Judgment as to Ryan D. McCarthy, John E. Whitley by Joy A. Allen. (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 10
SUMMONS returned executed by Joy A. Allen. John E. Whitley served on 3/24/2021. (kc) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 9
Summons issued as to John E. Whitley. Service copies returned to Pro Se party by regular mail. (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 8
ORDER: In accordance with Rule 4(m), she must serve Defendant with a summons and the complaint within 90 days of the date the complaint was filed, unless this time is extended by the Court upon a showing of good cause, or this case will be dismissed. Pursuant to Rule 26(a)(1)(A) of the Federal Rules of Civil Procedure, the parties in this action are exempt from the initial disclosures required by Rule 26(a) and the requirements of Rule 26(f). Pursuant to Local Rule 16.01(c)(1), this case is also exempt from customized case management because Plaintiff is proceeding pro se. By a separate order entered after a response from Defendant, the Court will enter a scheduling order setting out deadlines for the progression of this case. Signed by Magistrate Judge Barbara D. Holmes on 3/1/2021. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 7
ORDER: Plaintiff Joy A. Allen filed a pro se employment discrimination complaint against Secretary of the Army Ryan D. McCarthy. (Doc. No. #1 ). Ryan D. McCarthy has been succeeded by Acting Secretary John E. Whitley. Accordingly, Whitley is automatically substituted for McCarthy in this action. Fed. R. Civ. P. 25(d). The Clerk SHALL modify the docket as reflected in the above caption. This action is REFERRED to the Magistrate Judge. Signed by District Judge William L. Campbell, Jr on 2/5/2021. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 6
RECEIPT #3467561343 in the amount of $402.00 posted by Joy A. Allen re #1 Complaint. (kc) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 5
NOTICE of Change of Address by Joy A. Allen. (Note: Address has been updated in this action. In this Notice, the party added a "Change of Name Request: Joy A. Miller.") (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 4
ORDER: Plaintiff Joy A. Allen filed a pro se employment discrimination complaint against Secretary of the Army Ryan D. McCarthy. (Doc. No. #1 ). She also filed an application to proceed as a pauper. (Doc. No. #2 ). Accordingly, Plaintiff's application to proceed as a pauper (Doc. No. #2 ) is DENIED. This case may not proceed on the merits unless Plaintiff pays the initial filing fee. 28 U.S.C. 1914. To continue this action, Plaintiff MUST submit the $402.00 filing fee in full to the Clerk of Court within 30 DAYS of the date this order is entered on the docket. Signed by District Judge William L. Campbell, Jr on 1/6/2021. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 1/6/2021 (mg). [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 2
APPLICATION for Leave to Proceed In Forma Pauperis by Joy A. Allen. (mg) [Transferred from Tennessee Middle on 5/25/2022.]
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Filing 1
COMPLAINT against Ryan D. McCarthy, filed by Joy A. Allen. (Attachments: #1 Attachment - Civil Cover Sheet)(mg) [Transferred from Tennessee Middle on 5/25/2022.]
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