Martens v. Del Toro
| Patricia Martens |
| Carlos Del Toro |
| 1:2022cv01225 |
| October 28, 2022 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| Anthony J Trenga |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
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Filing 74
ORDER granting #71 Motion to Withdraw as Attorney. Attorney Neil C Bonney terminated. Signed by Magistrate Judge John F. Anderson on 07/07/2023. (dvanm)
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| Filing 73 USCA Case Number 23-1690 Fourth Circuit, Case Manager Richard H. Sewell for #70 Notice of Appeal filed by Patricia Martens. (show) |
| Filing 72 Transmission of Notice of Appeal to US Court of Appeals re #70 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (nneb) |
| Filing 71 MOTION to Withdraw as Attorney by Patricia Martens. (Attachments: #1 Proposed Order Proposed Order)(Bonney, Neil) |
| Filing 70 NOTICE OF APPEAL as to #68 Order on Motion to Dismiss for Failure to State a Claim by Patricia Martens. (Attachments: #1 Exhibit) Filing fee $ 505, receipt number AVAEDC-9001054 (Garon, Lenore) |
| Set Deadline as to #24 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 5/31/2023 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (wgar, ) |
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Filing 68
ORDERED that the Motion to Dismiss, [Doc. No. 24], be, and the same hereby is, GRANTED and this action is DISMISSED (see Order for further details). Signed by District Judge Anthony J Trenga on 5/1/2023. (swil)
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| Filing 67 Notice of Hearing Date set for May 31 at 10 a.m. re #66 Notice of Hearing Date, #24 MOTION to Dismiss for Failure to State a Claim (Lucier, Jonathan) |
| Filing 66 Notice of Hearing Date set for May 17 at 10 a.m. re #24 MOTION to Dismiss for Failure to State a Claim (Lucier, Jonathan) |
| Filing 69 Minute Entry for proceedings held before District Judge Anthony J. Trenga: Final Pretrial Conference held on 4/27/2023. Counsel appeared for Plaintiff and Defendant. Jury Trial set for 7/24/2023 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Status Conference before Trial set for 7/24/2023 at 09:00 AM before District Judge Anthony J. Trenga. Order to follow. (dzir) |
| Filing 65 Witness List by Patricia Martens. (Garon, Lenore) |
| Filing 64 Exhibit List by Patricia Martens.. (Garon, Lenore) |
| Filing 63 Witness List by Carlos Del Toro. (Lucier, Jonathan) |
| Filing 62 Exhibit List by Carlos Del Toro.. (Lucier, Jonathan) |
| Filing 61 TRANSCRIPT of motions hearing held on 3-10-23, before Judge John F. Anderson, Court Reporter Stephanie Austin, Telephone number 571-298-1649. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/26/2023. Redacted Transcript Deadline set for 6/26/2023. Release of Transcript Restriction set for 7/25/2023.(Austin, Stephanie) |
| Reset Hearings: Final Pretrial Conference reset for 4/27/2023 at 01:20 PM in Alexandria Telephonically before District Judge Anthony J. Trenga. (dzir) |
| Filing 60 MOTION to Withdraw as Attorney by Patricia Martens. (Attachments: #1 Proposed Order)(Bonney, Neil) |
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Filing 59
ORDERED that the Final Pretrial Conference in the above captioned matter presently set for Thursday April 20, 2023 at 10:00 a.m., be, and the same hereby is, CONTINUED to Thursday April 27, 2023 at 1:20 p.m. Signed by District Judge Anthony J Trenga on 04/18/2023. (tran)
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| Reset Hearings: Final Pretrial Conference reset for 4/27/2023 at 01:20 PM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (tran) |
| Filing 58 NOTICE of Appearance by Lenore C. Garon on behalf of Patricia Martens (Garon, Lenore) |
| Filing 57 Having reviewed defendant's motion and memorandum in support (Docket no. 52), including the transcript of the proceedings on April 14, 2023, as a preliminary matter, the request to continue the final pretrial conference is denied and counsel shall appear before the District Judge for a final pretrial conference on April 20, 2023. As to the issue of plaintiff's counsel refusing to allow plaintiff's deposition to proceed, that issue will be addressed by the undersigned on Friday, May 5, 2023 at 10:00 a.m., unless otherwise resolved by the parties in re #51 MOTION for Sanctions Pursuant to Rule 37(b) filed by Carlos Del Toro. Signed by Magistrate Judge John F. Anderson on 04/17/2023. SEE ORDER FOR FURTHER DETAILS. (wgar, ) |
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Filing 56
ORDERED that plaintiff's motion for enlargement of time #54 is granted for the sole purpose of having the discovery served on March 16, 2023 at 12:03 a.m. deemed served in a timely manner. This ruling does not address whether plaintiffs discovery requests are substantively appropriate. Signed by Magistrate Judge John F. Anderson on 04/17/2023. (dvanm)
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| Set Deadlines as to #54 MOTION for Extension of Time to Complete Discovery, #51 MOTION for Sanctions Pursuant to Rule 37(b). Motion Hearing set for 4/21/2023 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (wgar, ) |
| Reset Deadline as to #51 MOTION for Sanctions Pursuant to Rule 37(b). Motion Hearing reset for 5/5/2023 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (wgar, ) |
| Filing 55 Notice of Hearing Date set for April 21, 2023 re #54 MOTION for Extension of Time to Complete Discovery (Bonney, Neil) |
| Filing 54 MOTION for Extension of Time to Complete Discovery by Patricia Martens. (Attachments: #1 Proposed Order proposed order)(Bonney, Neil) |
| Filing 53 Notice of Hearing Date re #51 MOTION for Sanctions Pursuant to Rule 37(b) (Lucier, Jonathan) |
| Filing 52 Memorandum in Support re #51 MOTION for Sanctions Pursuant to Rule 37(b) filed by Carlos Del Toro. (Attachments: #1 Exhibit A (P. Martens Deposition Transcript), #2 Exhibit B (Friedman April 14 Email))(Lucier, Jonathan) |
| Filing 51 MOTION for Sanctions Pursuant to Rule 37(b) by Carlos Del Toro. (Attachments: #1 Proposed Order re Rule 37(b) Sanctions, #2 Proposed Order re Taking of Plaintiff's Deposition in Japan)(Lucier, Jonathan) |
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Filing 50
ORDER granting #49 Motion for Pro hac vice Appointed Dennis L. Friedman for Patricia Martens. Signed by District Judge Anthony J Trenga on 4/12/2023. (swil)
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| Filing 49 Motion to appear Pro Hac Vice by Dennis L. Friedman and Certification of Local Counsel Neil C. Bonney Filing fee $ 75, receipt number AVAEDC-8885299. by Patricia Martens. (Bonney, Neil) |
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Filing 48
ORDER granting #35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff. Signed by Magistrate Judge John F. Anderson on 03/15/2023. SEE ORDER FOR FURTHER DETAILS. (wgar, )
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| Filing 47 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 3/10/2023 re #35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff filed by Carlos Del Toro. Appearance of counsel for plaintiff and defendant. Motion argued and #35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff - GRANTED. Parties to reach an agreement on location and date/time. Order to follow. (Tape #FTR.)(wgar, ) |
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Filing 46
ORDERED that plaintiff's last-minute motion seeking waiver of oral argument or to participate by telephone (Docket no. 42) is denied. Signed by Magistrate Judge John F. Anderson on 03/09/2023. (dvanm)
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| Filing 45 CERTIFICATE OF SERVICE by Patricia Martens re #42 MOTION Waiver of Oral Argument or, Alternatively, to Participate Telephonically re #37 Notice of Hearing Date (Bonney, Neil) |
| Filing 44 CERTIFICATE OF SERVICE by Patricia Martens re #43 Memorandum in Support, (Bonney, Neil) |
| Filing 43 Memorandum in Support re #42 MOTION Waiver of Oral Argument or, Alternatively, to Participate Telephonically re #37 Notice of Hearing Date filed by Patricia Martens. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Bonney, Neil) |
| Filing 42 MOTION Waiver of Oral Argument or, Alternatively, to Participate Telephonically re #37 Notice of Hearing Date by Patricia Martens. (Attachments: #1 Proposed Order)(Bonney, Neil) |
| Filing 41 REPLY to Response to Motion re #35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff filed by Carlos Del Toro. (Lucier, Jonathan) |
| Filing 40 CERTIFICATE OF SERVICE by Patricia Martens re #38 Response in Opposition to Motion, #39 Memorandum in Opposition (Bonney, Neil) |
| Filing 39 Memorandum in Opposition re #35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff filed by Patricia Martens. (Attachments: #1 Exhibit Exhibit A)(Bonney, Neil) |
| Filing 38 RESPONSE in Opposition re #35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff filed by Patricia Martens. (Attachments: #1 Proposed Order Proposed Order)(Bonney, Neil) |
| Set Deadline as to #35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff. Motion Hearing set for 3/10/2023 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (wgar, ) |
| Filing 37 Notice of Hearing Date re #35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff (Lucier, Jonathan) |
| Filing 36 Memorandum in Support re #35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff filed by Carlos Del Toro. (Lucier, Jonathan) |
| Filing 35 MOTION for an Order for the Taking of a Deposition in Japan of Plaintiff by Carlos Del Toro. (Attachments: #1 Proposed Order)(Lucier, Jonathan) |
| Filing 34 REPLY to Response to Motion re #24 MOTION to Dismiss for Failure to State a Claim filed by Carlos Del Toro. (Lucier, Jonathan) |
| Filing 33 RESPONSE to Motion re #24 MOTION to Dismiss for Failure to State a Claim filed by Patricia Martens. (Attachments: #1 Proposed Order Proposed Order)(Bonney, Neil) |
| Filing 32 Memorandum in Opposition re #24 MOTION to Dismiss for Failure to State a Claim , Response to #24 MOTION to Dismiss for Failure to State a Claim filed by Patricia Martens. (Bonney, Neil) |
| Filing 31 NOTICE of Appearance by Neil C Bonney on behalf of Patricia Martens (Bonney, Neil) |
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Filing 30
ORDERED that through written submission Plaintiff SHOW CAUSE within seven (7) days from the date of this Order why the Defendant's Motion to Dismiss should not be granted as unopposed. Signed by District Judge Anthony J Trenga on 01/25/2023. (dvanm)
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Filing 29
Order Rule 16(b) Scheduling Order - Upon consideration of the representations made in the Joint Proposed Discovery Plan ("Joint Discovery Plan") (Docket no. 28), and taking note of the Scheduling Order entered in this case (Docket no. 27), the court makes the following rulings: The Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the court. Signed by Magistrate Judge John F. Anderson on 12/22/2022. SEE ORDER FOR FURTHER DETAILS. (wgar, )
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| Filing 28 Joint Discovery Plan by Carlos Del Toro.(Lucier, Jonathan) |
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Filing 27
SCHEDULING ORDER: Initial Pretrial Conference set for 12/28/2022 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 4/20/2023 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Discovery due by 4/14/2023. Signed by District Judge Anthony J. Trenga on 12/2/2022. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
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| Filing 26 Waiver of re #24 MOTION to Dismiss for Failure to State a Claim re Waiver of Hearing by Carlos Del Toro (Lucier, Jonathan) |
| Filing 25 Memorandum in Support re #24 MOTION to Dismiss for Failure to State a Claim filed by Carlos Del Toro. (Lucier, Jonathan) |
| Filing 24 MOTION to Dismiss for Failure to State a Claim by Carlos Del Toro. (Lucier, Jonathan) |
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Filing 23
ORDER granting in part #19 Motion for Extension of Time to File. ORDERED that the time period for defendant to file an answer or otherwise respond to Plaintiff's Complaint is enlarged to December 1, 2022. Signed by Magistrate Judge John F. Anderson on 11/14/2022. (wgar, )
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Filing 22
ORDER granting #21 Motion to Withdraw as Attorney. Attorney Bradley Silverman terminated. Signed by Magistrate Judge John F. Anderson on 11/7/2022. (dvanm)
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| Filing 21 MOTION to Withdraw as Attorney by Carlos Del Toro. (Attachments: #1 Proposed Order)(Lucier, Jonathan) |
| Filing 20 Waiver of re #19 MOTION for Extension of Time to File Responsive Pleadings and to Stay Issuance of Scheduling Order by Carlos Del Toro (Lucier, Jonathan) |
| Filing 19 MOTION for Extension of Time to File Responsive Pleadings and to Stay Issuance of Scheduling Order by Carlos Del Toro. (Attachments: #1 Proposed Order)(Lucier, Jonathan) |
| Filing 18 NOTICE of Appearance by Jonathan Tyler Lucier on behalf of Carlos Del Toro (Lucier, Jonathan) |
| Filing 17 Case transferred in from District of District of Columbia; Case Number 1:22-cv-00992. Original file and docket sheet received. |
| Notification of transfer of Civil Case from the District of Columbia Case No. 1:22-cv-00992 to the Eastern District of Virginia. (jlan) |
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Filing 16
ORDER. For the reasons explained in the Court's #15 Memorandum Opinion, Defendant's #12 Motion to Dismiss, or in the alternative, Motion to Transfer Case is GRANTED in part and DENIED in part. The Clerk of Court is requested to close the case. See attached Order for details. Signed by Judge Trevor N. McFadden on 10/18/2022. (lctnm1) [Transferred from District of Columbia on 10/28/2022.]
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| Filing 15 MEMORANDUM OPINION re: Defendant's #12 Motion to Dismiss, or in the alternative, Motion to Transfer Case. Signed by Judge Trevor N. McFadden on 10/18/2022. (lctnm1) [Transferred from District of Columbia on 10/28/2022.] |
| Set/Reset Deadlines: Transfer due by 10/28/2022. (hmc) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 14 REPLY to opposition to motion re #12 Motion to Dismiss, Motion to Transfer Case filed by CARLOS DEL TORO. (Silverman, Bradley) Modified docket relationships on 9/28/2022 (zed). [Transferred from District of Columbia on 10/28/2022.] |
| Filing 13 Memorandum in opposition to re #12 Motion to Dismiss, Motion to Transfer Case filed by PATRICIA MARTENS. (Friedman, Dennis) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 12 MOTION to Dismiss , or in the alternative, MOTION to Transfer Case to the Eastern District of Virginia by CARLOS DEL TORO. (Silverman, Bradley) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CARLOS DEL TORO served on 8/1/2022. (See Docket Entry #9 to view document). (zed) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/5/2022. Answer due for ALL FEDERAL DEFENDANTS by 9/3/2022. (Friedman, Dennis) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 5, 2022. (Friedman, Dennis) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 8 NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) [Transferred from District of Columbia on 10/28/2022.] |
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MINUTE ORDER. Plaintiff filed the Complaint in this action on April 11, 2022. The Court reminded counsel of its obligation to file proof of service on July 6, 2022. As of the date of this Order, the public docket reflects that Plaintiff has yet to file proof of service of each Defendant. The Court directs Plaintiff's attention to Federal Rule of Civil Procedure 4(m) and Local Civil Rule 5.3. It is hereby ORDERED that, by no later than September 9, 2022, Plaintiff must either cause process to be served upon each Defendant and file proof of service with the Court or establish good cause for the failure to do so. Failure to make such filings will result in dismissal of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/22/2022. (lctnm1) [Transferred from District of Columbia on 10/28/2022.]
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| Set/Reset Deadlines: Proof of service due by 9/9/2022. (hmc) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 7 SUMMONS (1) Reissued Electronically as to U.S. Attorney General (zeg) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 6 NOTICE OF WITHDRAWAL OF APPEARANCE as to PATRICIA MARTENS. Attorney Thomas J Gagliardo terminated. (Attachments: #1 Consent to Withdraw)(Gagliardo, Thomas) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 5 NOTICE of Appearance by Dennis L. Friedman on behalf of PATRICIA MARTENS (Friedman, Dennis) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 4 SUMMONS (3) Issued Electronically as to CARLOS DEL TORO, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zeg) [Transferred from District of Columbia on 10/28/2022.] |
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Filing 3
STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/13/2022. (lctnm1) [Transferred from District of Columbia on 10/28/2022.]
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| Filing 2 ERRATA Notice of Corrected Complaint by PATRICIA MARTENS re #1 Complaint filed by PATRICIA MARTENS. (Attachments: #1 Corrected Complaint)(Gagliardo, Thomas) [Transferred from District of Columbia on 10/28/2022.] |
| Case Randomly Assigned to Judge Trevor N. McFadden. (znmg) [Transferred from District of Columbia on 10/28/2022.] |
| NOTICE OF ERROR re #1 Complaint; emailed to tgagliardo@gelawyer.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) [Transferred from District of Columbia on 10/28/2022.] |
| Filing 1 COMPLAINT against CARLOS DEL TORO with Jury Demand ( Filing fee $ 402 receipt number ADCDC-9163677) filed by PATRICIA MARTENS. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit 1-11)(Gagliardo, Thomas) [Transferred from District of Columbia on 10/28/2022.] |
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