POLIDI v. MENDEL et al
| Richard Polidi |
| Elizabeth U. Mendel, James O. Payne, Michelle K. Lee, Kimberly C. Weinreich, John Heaton, United States of America, United States Patent & Trademark Office, Drew Hirshfeld and John Doe's 1-10 |
| 1:2022cv00925 |
| August 12, 2022 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| Patricia Tolliver Giles |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| None |
Docket Report
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This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.
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Set Deadlines as to #30 MOTION for Summary Judgment . Motion Hearing set for 11/10/2022 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (clar, )
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Filing 36
Notice of Hearing Date (Amended) set for 11/10/2022 re #30 MOTION for Summary Judgment (Barghaan, Dennis)
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Per PTG chambers motions set for 10/25/2022 have been removed - Date to be Determined (Per CM) (clar, )
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Filing 35
ORDER granting #34 Motion for Extension of Time to File Response/Reply. IT IS FURTHER ORDERED that Plaintiff shall have until October 7, 2022 to file a response to Defendants' Motion for Summary Judgment. Signed by Magistrate Judge John F. Anderson on 09/28/2022. (wgar, )
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Filing 34
MOTION for Enlargement of Time to File Response by Richard Polidi. (Attachments: #1 Proposed Order, #2 Envelope)(dvanm) Modified to correct filing date on 9/28/2022 (dvanm).
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Set Deadlines as to #30 MOTION for Summary Judgment . Motion Hearing set for 10/25/2022 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (dvanm)
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Filing 33
Roseboro Notice as to Motion for Summary Judgment by United States Patent & Trademark Office (Barghaan, Dennis)
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Filing 32
Notice of Hearing Date set for 10/20/22 re #30 MOTION for Summary Judgment (Barghaan, Dennis)
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Filing 31
Memorandum in Support re #30 MOTION for Summary Judgment filed by United States Patent & Trademark Office. (Attachments: #1 Exhibit A)(Barghaan, Dennis)
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Filing 30
MOTION for Summary Judgment by United States Patent & Trademark Office. (Barghaan, Dennis)
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Filing 29
ORDER granting #28 Motion for Extension of Time to File. ORDERED that defendant USPTO shall answer or otherwise respond to plaintiff's remaining FOIA claim on or before Spetember 9, 2022. Signed by Magistrate Judge John F. Anderson on 09/02/2022. (wgar, c/s)
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Filing 28
Consent MOTION for Extension of Time by United States Patent & Trademark Office. (Attachments: #1 Proposed Order)(Barghaan, Dennis)
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Filing 27
Case transferred in from District of District of Columbia; Case Number 1:21-cv-01748. Original file and docket sheet received.
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Notification of transfer from the District of Columbia Case No. 1:21-cv-01748 to the Eastern District of Virginia. (jlan)
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Set/Reset Deadlines: Transfer due by 8/11/2022. (smc) [Transferred from District of Columbia on 8/12/2022.]
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Filing 26
ORDER dismissing Plaintiff's Federal Tort Claims Act and Administrative Procedure Act claims; and transferring Plaintiff's Freedom of Information Act claim to the Eastern District of Virginia. Signed by Judge Florence Y. Pan on 7/22/22. (lcaa) [Transferred from District of Columbia on 8/12/2022.]
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Filing 25
REPLY to opposition to motion re #19 Partial MOTION to Dismiss MOTION to Transfer Case filed by JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH. (Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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Filing 24
Memorandum in opposition re #19 Partial MOTION to Dismiss MOTION to Transfer Case filed by RICHARD POLIDI. (zjf) (zjf). [Transferred from District of Columbia on 8/12/2022.]
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Filing 23
Consent MOTION for Extension of Time to File Response/Reply as to #19 Partial MOTION to Dismiss MOTION to Transfer Case by JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH. (Attachments: #1 Text of Proposed Order)(Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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MINUTE ORDER granting #23 Consent Motion for Extension of Time to File Response/Reply. Defendants' Reply in support of their #19 Partial Motion to Dismiss and Motion to Transfer Case is due on April 15, 2022. Signed by Judge Florence Y. Pan on 3/24/2022. (lcsw) [Transferred from District of Columbia on 8/12/2022.]
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Set/Reset Deadlines: Reply due by 4/15/2022. (zacr) [Transferred from District of Columbia on 8/12/2022.]
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Set/Reset Deadlines: Response due by 3/28/2022. (zacr) [Transferred from District of Columbia on 8/12/2022.]
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MINUTE ORDER granting Plaintiff's #22 Motion for Extension of Time to File Response. Plaintiff's response to Defendants' #19 Partial Motion to Dismiss and Motion to Transfer Case is due on March 28, 2022. Signed by Judge Florence Y. Pan on 3/23/2022. (lcsw) [Transferred from District of Columbia on 8/12/2022.]
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Filing 22
MOTION for Extension of Time to File Response as to #19 Partial MOTION to Dismiss MOTION to Transfer Case by RICHARD POLIDI. (zjf) [Transferred from District of Columbia on 8/12/2022.]
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Filing 21
ERRATA by JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH re #19 Partial MOTION to Dismiss MOTION to Transfer Case filed by UNITED STATES PATENT & TRADEMARK OFFICE, UNITED STATES OF AMERICA, JOHN HEATON, KIMBERLY C. WEINREICH, MICHELLE K. LEE, JOHN DOES 1-10, ELIZABETH U. MENDEL, JAMES O. PAYNE, DREW HIRSHFELD, #8 MOTION to Dismiss MOTION to Sever MOTION to Transfer Case filed by UNITED STATES PATENT & TRADEMARK OFFICE, UNITED STATES OF AMERICA, JOHN HEATON, KIMBERLY C. WEINREICH, MICHELLE K. LEE, JOHN DOES 1-10, ELIZABETH U. MENDEL, DREW HIRSHFELD, JAMES O. PAYNE. (Attachments: #1 Declaration (Redacted) of Rachel B. Damelin)(Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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Filing 20
ORDER advising Plaintiff to respond to Defendants' #19 Partial Motion to Dismiss, or in the Alternative, Transfer by March 23, 2022. Signed by Judge Florence Y. Pan on 3/3/2022. (lcsw) [Transferred from District of Columbia on 8/12/2022.]
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Set/Reset Deadlines: Plaintiff's Response to Defendants' #19 Partial Motion to Dismiss, or in the Alternative, Transfer due by 3/23/2022. (zacr) [Transferred from District of Columbia on 8/12/2022.]
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Filing 19
Partial MOTION to Dismiss , MOTION to Transfer Case by JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH. (Attachments: #1 Memorandum in Support, #2 Exhibits A-H, #3 Declaration of Louis J. Boston, #4 Declaration of Rachel B. Damelin, #5 Text of Proposed Order)(Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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Filing 18
SECOND AMENDED COMPLAINT against JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH filed by RICHARD POLIDI.(zjf) [Transferred from District of Columbia on 8/12/2022.]
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MINUTE ORDER. The Court's #10 Order of November 3, 2021, advised Plaintiff to respond to Defendants' #8 Motion to Dismiss, Motion to Sever, and Motion to Transfer, and ordered Plaintiff to include an Amended Complaint or a more precise statement of his claims in his response to Defendants' Motion. Plaintiff submitted an Amended Complaint on December 3, 2021, but the Clerk's Office did not accept his submission because it was not accompanied by a motion for leave to file. Plaintiff has now filed his #17 Motion for Leave to File Amended Complaint. Under the circumstances, the Court GRANTS Plaintiff's #17 Motion for Leave to File Amended Complaint, and the Second Amended Complaint is accepted for filing. Defendants' #8 Motion to Dismiss, Motion to Sever, and Motion to Transfer is denied as moot. Defendants are ORDERED to file their response to the Second Amended Complaint on or before March 14, 2022. Signed by Judge Florence Y. Pan on 1/13/2022. (lcsw) [Transferred from District of Columbia on 8/12/2022.]
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Set/Reset Deadlines: Defendants' Response to the Second Amended Complaint due by 3/14/2022. (zacr) [Transferred from District of Columbia on 8/12/2022.]
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Filing 17
MOTION for Leave to File Second Amended Complaint by RICHARD POLIDI. (Attachments: #1 Exhibit Second Amended Complaint)(zjf) [Transferred from District of Columbia on 8/12/2022.]
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Filing 16
CERTIFICATE OF SERVICE by JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH re #15 Reply to opposition to Motion, . (Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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Filing 15
REPLY to opposition to motion re #8 MOTION to Dismiss MOTION to Sever MOTION to Transfer Case filed by JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH. (Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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Filing 14
RESPONSE TO ORDER OF THE COURT re #10 Order filed by RICHARD POLIDI. (zjf) [Transferred from District of Columbia on 8/12/2022.]
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Set/Reset Deadlines: Plaintiff's Opposition to #8 Motion to Dismiss, Motion to Sever, and Motion to Transfer due by 12/3/2021. (zacr) [Transferred from District of Columbia on 8/12/2022.]
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MINUTE ORDER granting Plaintiff's #13 Motion for Extension of Time to File Response. Plaintiff's Opposition to #8 Motion to Dismiss, Motion to Sever, and Motion to Transfer is due on December 3, 2021. Signed by Judge Florence Y. Pan on 12/2/2021. (lcsw) [Transferred from District of Columbia on 8/12/2022.]
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Filing 13
MOTION for Extension of Time to File Response as to #8 MOTION to Dismiss MOTION to Sever MOTION to Transfer Case by RICHARD POLIDI. (Attachments: #1 Text of Proposed Order)(zjf) [Transferred from District of Columbia on 8/12/2022.]
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Filing 12
(AMENDED) MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss MOTION to Sever MOTION to Transfer Case by RICHARD POLIDI. (Attachment: #1 Text of Proposed Order)(ztth) [Transferred from District of Columbia on 8/12/2022.]
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MINUTE ORDER granting Plaintiff's #11 Motion for Extension of Time to File Response. Plaintiff's Opposition to #8 Motion to Dismiss, Motion to Sever, and Motion to Transfer is due on December 1, 2021. Defendants' Reply is due on January 20, 2022. Plaintiff's #12 Amended Motion for Extension of Time is denied as moot. Signed by Judge Florence Y. Pan on 11/17/2021. (lcsw) [Transferred from District of Columbia on 8/12/2022.]
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Set/Reset Deadlines: Plaintiff's Opposition to #8 Motion to Dismiss, Motion to Sever, and Motion to Transfer due by 12/1/2021. Defendants' Reply due by 1/20/2022. (zacr) [Transferred from District of Columbia on 8/12/2022.]
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Filing 11
MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss MOTION to Sever MOTION to Transfer Case by RICHARD POLIDI. (Attachment: #1 Text of Proposed Order)(ztth) [Transferred from District of Columbia on 8/12/2022.]
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Filing 10
Order advising Plaintiff to respond by 11/17/2021 to Defendants' #8 MOTION to dismiss. Signed by Judge Florence Y. Pan on 11/3/2021. (lcsw) [Transferred from District of Columbia on 8/12/2022.]
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Filing 9
CERTIFICATE OF SERVICE by JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH re #8 MOTION to Dismiss MOTION to Sever MOTION to Transfer Case . (Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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Filing 8
MOTION to Dismiss , MOTION to Sever , MOTION to Transfer Case by JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH. (Attachments: #1 Memorandum in Support, #2 Declaration of Louis J. Boston, Jr., #3 Declaration of Rachel B. Damelin, #4 Exhibits A-F, #5 Text of Proposed Order)(Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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Case directly reassigned to Judge Florence Y. Pan. Judge Dabney L. Friedrich is no longer assigned to the case. (ztnr) [Transferred from District of Columbia on 8/12/2022.]
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Filing 7
SUMMONS (1) Issued as U.S. Attorney General (Attachment: #1 Notice and Consent)(eg) [Transferred from District of Columbia on 8/12/2022.]
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Set/Reset Deadlines: Answer due by 11/3/2021, (zjch) [Transferred from District of Columbia on 8/12/2022.]
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Filing 6
Consent MOTION for Extension of Time to Respond to Amended Complaint by JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH. (Attachments: #1 Text of Proposed Order)(Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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Filing 5
NOTICE of Appearance by Paul Cirino on behalf of All Defendants (Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
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MINUTE ORDER granting the defendants' #6 Consent Motion for Extension of Time to Respond to Amended Complaint. The defendants shall answer, move to dismiss, or otherwise respond to the plaintiff's complaint on or before November 3, 2021. So Ordered by Judge Dabney L. Friedrich on August 31, 2021. (lcdlf2) [Transferred from District of Columbia on 8/12/2022.]
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Filing 4
SUMMONS (9) Reissued Electronically as to JOHN HEATON, DREW HIRSHFELD, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH, SUMMONS Issued Electronically as to JOHN HEATON, DREW HIRSHFELD, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH, U.S. Attorney and U.S. Attorney General (eg) [Transferred from District of Columbia on 8/12/2022.]
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Filing 3
AMENDED COMPLAINT against JOHN HEATON, DREW HIRSHFELD, JOHN DOES 1-10, MICHELLE K. LEE, ELIZABETH U. MENDEL, JAMES O. PAYNE, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH filed by RICHARD POLIDI. (Attachment: #1 Summons)(eg) [Transferred from District of Columbia on 8/12/2022.]
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Filing 2
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on July 8, 2021. (lcdlf2) [Transferred from District of Columbia on 8/12/2022.]
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SUMMONS (5) Issued as to ELIZABETH U. MENDEL, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH, U.S. Attorney and U.S. Attorney General (eg) [Transferred from District of Columbia on 8/12/2022.]
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Filing 1
COMPLAINT against JOHN DOES 1-10, ELIZABETH U. MENDEL, UNITED STATES OF AMERICA, UNITED STATES PATENT & TRADEMARK OFFICE, KIMBERLY C. WEINREICH ( Filing fee $ 402, receipt number 200122) filed by RICHARD POLIDI. (Attachment: #1 Civil Cover Sheet)(eg) [Transferred from District of Columbia on 8/12/2022.]
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