POLIDI v. MENDEL et al
Plaintiff: Richard Polidi
Defendant: 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
Case Number: 1:2022cv00925
Filed: August 12, 2022
Court: US District Court for the Eastern District of Virginia
Presiding Judge: John F Anderson
Referring Judge: Patricia Tolliver Giles
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 28 U.S.C. ยง 2671 Federal Tort Claims Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2022 Filing 27 Case transferred in from District of District of Columbia; Case Number 1:21-cv-01748. Original file and docket sheet received.
August 12, 2022 Notification of transfer from the District of Columbia Case No. 1:21-cv-01748 to the Eastern District of Virginia. (jlan)
July 22, 2022 Set/Reset Deadlines: Transfer due by 8/11/2022. (smc) [Transferred from District of Columbia on 8/12/2022.]
July 22, 2022 Opinion or Order 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.]
April 12, 2022 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.]
March 29, 2022 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.]
March 24, 2022 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.]
March 24, 2022 Opinion or Order 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.]
March 24, 2022 Set/Reset Deadlines: Reply due by 4/15/2022. (zacr) [Transferred from District of Columbia on 8/12/2022.]
March 23, 2022 Opinion or Order 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.]
March 23, 2022 Set/Reset Deadlines: Response due by 3/28/2022. (zacr) [Transferred from District of Columbia on 8/12/2022.]
March 22, 2022 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.]
March 14, 2022 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.]
March 3, 2022 Opinion or Order 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.]
March 3, 2022 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.]
March 2, 2022 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.]
January 13, 2022 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.]
January 13, 2022 Opinion or Order 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.]
January 13, 2022 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.]
January 11, 2022 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.]
January 10, 2022 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.]
January 10, 2022 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.]
December 3, 2021 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.]
December 2, 2021 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.]
December 2, 2021 Opinion or Order 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.]
December 1, 2021 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.]
November 17, 2021 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.]
November 17, 2021 Opinion or Order 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.]
November 17, 2021 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.]
November 10, 2021 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.]
November 3, 2021 Opinion or Order 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.]
October 29, 2021 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.]
October 29, 2021 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.]
October 1, 2021 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.]
September 1, 2021 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.]
August 31, 2021 Set/Reset Deadlines: Answer due by 11/3/2021, (zjch) [Transferred from District of Columbia on 8/12/2022.]
August 31, 2021 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.]
August 31, 2021 Filing 5 NOTICE of Appearance by Paul Cirino on behalf of All Defendants (Cirino, Paul) [Transferred from District of Columbia on 8/12/2022.]
August 31, 2021 Opinion or Order 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.]
July 16, 2021 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.]
July 14, 2021 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.]
July 8, 2021 Opinion or Order 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.]
June 30, 2021 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.]
June 29, 2021 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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Plaintiff: Richard Polidi
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Defendant: Elizabeth U. Mendel
Represented By: Paul Cirino
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Defendant: James O. Payne
Represented By: Paul Cirino
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Defendant: Michelle K. Lee
Represented By: Paul Cirino
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Defendant: Kimberly C. Weinreich
Represented By: Paul Cirino
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Defendant: John Heaton
Represented By: Paul Cirino
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Defendant: United States of America
Represented By: Lauren A. Wetzler
Represented By: Paul Cirino
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Defendant: United States Patent & Trademark Office
Represented By: Paul Cirino
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Defendant: Drew Hirshfeld
Represented By: Paul Cirino
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Defendant: John Doe's 1-10
Represented By: Paul Cirino
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