Harrison v. Kendall, III
Plaintiff: John R. Harrison
Defendant: Frank Kendall, III
Case Number: 1:2022cv01298
Filed: November 15, 2022
Court: US District Court for the Eastern District of Virginia
Presiding Judge: John F Anderson
Referring Judge: Leonie M Brinkema
Nature of Suit: Other Statutory Actions
Cause of Action: 05 U.S.C. § 0706 Judicial Review of Agency Action
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2022 Opinion or Order Filing 42 NOTICE by Frank Kendall, III Filing of Administrative Record (Attachments: #1 Exhibit)(Baumhart, Peter)
December 14, 2022 Opinion or Order Filing 41 NOTICE by Frank Kendall, III Filing of Administrative Record (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Baumhart, Peter)
December 14, 2022 Opinion or Order Filing 40 NOTICE by Frank Kendall, III Filing of Administrative Record (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Baumhart, Peter)
December 14, 2022 Opinion or Order Filing 39 NOTICE by Frank Kendall, III Filing of Administrative Record (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Baumhart, Peter)
December 14, 2022 Opinion or Order Filing 38 NOTICE by Frank Kendall, III Filing of Administrative Record (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Baumhart, Peter)
December 14, 2022 Opinion or Order Filing 37 NOTICE by Frank Kendall, III Filing of Administrative Record (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Baumhart, Peter)
December 14, 2022 Opinion or Order Filing 36 NOTICE by Frank Kendall, III Filing of Administrative Record (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Baumhart, Peter)
December 9, 2022 Opinion or Order Filing 35 NOTICE of Appearance by Nicholas A Cerulli on behalf of John R. Harrison (Cerulli, Nicholas)
December 5, 2022 Opinion or Order Filing 34 ORDER granting #33 Motion for Pro hac vice Appointed Doris Johnson Hines for John R. Harrison. Signed by District Judge Leonie M. Brinkema on 12/5/2022. (nneb)
December 2, 2022 Opinion or Order Filing 33 Motion to appear Pro Hac Vice by Doris Johnson Hines and Certification of Local Counsel Elizabeth D. Ferrill Filing fee $ 75, receipt number AVAEDC-8692590. by John R. Harrison. (Ferrill, Elizabeth)
December 2, 2022 Opinion or Order Filing 32 ORDERED that plaintiff's Motion for Admission of Attorney Pro Hac Vice [Dkt. No. 31] for Doris Johnson Hines be and is DENIED WITHOUT PREJUDICE. Signed by District Judge Leonie M. Brinkema on 12/2/2022. (nlop) (c/s Pursuant to Order)
December 1, 2022 Opinion or Order Filing 31 Motion to appear Pro Hac Vice by Doris Johnson Hines and Certification of Local Counsel Elizabeth D. Ferrill Filing fee $ 75, receipt number AVAEDC-8690162. by John R. Harrison. (Ferrill, Elizabeth)
December 1, 2022 Opinion or Order Notice of Correction re #30 Motion to appear Pro Hac Vice by Doris Johnson Hines and Certification of Local Counsel Elizabeth D. Ferrill Filing fee $ 75, receipt number AVAEDC-8686663. Thank you for your recent electronic filing with the Eastern District of Virginia. Document number (30) is missing Pro Hac Vice completed Application. Please re-file Motion with Pro Hac Application attached. (nlop)
November 30, 2022 Opinion or Order Filing 30 Motion to appear Pro Hac Vice by Doris Johnson Hines and Certification of Local Counsel Elizabeth D. Ferrill Filing fee $ 75, receipt number AVAEDC-8686663. by John R. Harrison. (Ferrill, Elizabeth)
November 29, 2022 Opinion or Order Filing 29 ORDER: This matter comes before the Court on the parties' joint motion to vacate initial scheduling order and for briefing schedule. Upon consideration of the motion, and for good cause shown, it is hereby: ORDERED that the parties' motion is GRANTED; and it is further ORDERED that Defendant need not file a formal answer to the complaint; and it is further ORDERED that the initial scheduling order (Dkt. 21) is VACATED and the initial pretrial conference scheduled for December 7, 2022 is CANCELED; and it is hereby ORDERED that the parties shall adhere to the following schedule concerning dispositive motions in this action:1. Defendant shall file the complete administrative record of proceedings before the Air Force Board for Correction of Military Records (with appropriate redactions) in the public docket on or before December 14, 2022, and provide to chambers an unredacted courtesy copy. 2. Plaintiff shall file his dispositive motion, along with a memorandum of law in support of that motion, on or before January 17, 2023. 3. Defendant shall file his cross-dispositive motion, along with a single memorandum of law in support of that motion and in opposition to Plaintiffs dispositive motion, on or before February 14, 2023. 4. Plaintiff shall file a single memorandum containing reply arguments in further support of his dispositive motion, and in opposition to Defendant's dispositive motion, on or before March 7, 2023. 5. Defendant shall file a reply memorandum of law in further support of his dispositive motion on or before March 28, 2023. 6. The parties shall notice their respective motions for hearing before this Court on April 7, 2023. Signed by District Judge Leonie M. Brinkema on 11/29/22. (yguy)
November 29, 2022 Opinion or Order Filing 28 Joint MOTION to Vacate #21 Scheduling Order, , Joint MOTION to Set Briefing Schedule by Frank Kendall, III. (Attachments: #1 Proposed Order)(Baumhart, Peter)
November 29, 2022 Opinion or Order Filing 27 NOTICE of Appearance by Peter B. Baumhart on behalf of Frank Kendall, III (Baumhart, Peter)
November 21, 2022 Opinion or Order Filing 26 ORDER granting #24 Motion for Pro hac vice Appointed Paul W. Browning for John R. Harrison. Signed by District Judge Leonie M. Brinkema on 11/21/2022. (nneb)
November 21, 2022 Opinion or Order Filing 25 ORDER granting #23 Motion for Pro hac vice Appointed Thomas E. Sullivan for John R. Harrison. Signed by District Judge Leonie M. Brinkema on 11/21/2022. (nneb)
November 18, 2022 Opinion or Order Filing 24 Motion to appear Pro Hac Vice by Paul W. Browning and Certification of Local Counsel Elizaebeth D. Ferrill Filing fee $ 75, receipt number AVAEDC-8668912. by John R. Harrison. (Ferrill, Elizabeth)
November 18, 2022 Opinion or Order Filing 23 Motion to appear Pro Hac Vice by Thomas E. Sullivan and Certification of Local Counsel Elizabeth D. Ferrill Filing fee $ 75, receipt number AVAEDC-8668661. by John R. Harrison. (Ferrill, Elizabeth)
November 16, 2022 Opinion or Order Filing 22 NOTICE of Appearance by Elizabeth Diane Ferrill on behalf of John R. Harrison (Ferrill, Elizabeth)
November 16, 2022 Opinion or Order Filing 21 SCHEDULING ORDER: Initial Pretrial Conference set for 12/7/2022 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Discovery due by 4/14/2023. Final Pretrial Conference set for 4/20/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 11/16/2022. (jlan) (Additional attachment(s) added on 11/16/2022: #1 Magistrate Consent Form, #2 Pretrial Notice) (jlan, ).
November 16, 2022 Opinion or Order Filing 20 ORDERED that defendant file an answer within fourteen (14) days of the date of this Order; and it is further ORDERED that plaintiff ensure that at least one of his attorneys is admitted to practice before this court; if not, plaintiff's counsel must associate with an attorney who is a member of the bar of this court. The attorney who is admitted to practice before this court must promptly enter an appearance in this civil action (see Order for further details). Signed by District Judge Leonie M. Brinkema on 11/16/2022. (Dest)
November 15, 2022 Opinion or Order Filing 19 Case transferred in from District of District of Columbia; Case Number 1:22-cv-01380. Original file and docket sheet received.
November 15, 2022 Opinion or Order Notification of transfer from the District of Columbia Case No. 1:22-cv-01380 to the Eastern District of Virginia. (jlan)
November 1, 2022 Opinion or Order Filing 18 ORDER granting Consent Motion to Transfer Case #17 . This matter shall be transferred to the United States District Court for the Eastern District of Virginia. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/1/2022. [Transferred from District of Columbia on 11/15/2022.]
October 31, 2022 Opinion or Order Filing 17 Unopposed MOTION to Transfer Case by JOHN R. HARRISON. (Attachments: #1 Proposed Order)(Browning, Paul) [Transferred from District of Columbia on 11/15/2022.]
October 17, 2022 Opinion or Order MINUTE ORDER granting #16 Consent Motion for Extension of Time to Respond. Plaintiff shall respond to Defendant's #15 Motion to Transfer or Dismiss on or before October 31, 2022. Signed by Judge Amit P. Mehta on 10/17/2022. (lcapm1) [Transferred from District of Columbia on 11/15/2022.]
October 15, 2022 Opinion or Order Filing 16 Consent MOTION for Extension of Time to EXTEND BY 14 DAYS PLAINTIFFS TIME TO RESPOND TO DEFENDANTS MOTION TO TRANSFER OR DISMISS AND FOR EXTENSION OF TIME by JOHN R. HARRISON. (Attachments: #1 Proposed Order)(Browning, Paul) [Transferred from District of Columbia on 11/15/2022.]
October 3, 2022 Opinion or Order Filing 15 MOTION to Transfer Case or MOTION to Dismiss and MOTION for Extension of Time by FRANK KENDALL, III. (Moore, Brendan). Added MOTION to Dismiss, MOTION for Extension of Time to on 10/5/2022 (zed). [Transferred from District of Columbia on 11/15/2022.]
September 28, 2022 Opinion or Order Filing 14 NOTICE OF SUBSTITUTION OF COUNSEL by Brendan Thomas Moore on behalf of All Defendants Substituting for attorney Robert Caplen (Moore, Brendan) [Transferred from District of Columbia on 11/15/2022.]
August 2, 2022 Opinion or Order Filing 13 NOTICE of Appearance by Doris Johnson Hines on behalf of JOHN R. HARRISON (Hines, Doris Johnson) (Main Document 13 replaced on 8/4/2022) (zed). [Transferred from District of Columbia on 11/15/2022.]
August 1, 2022 Opinion or Order Filing 12 NOTICE of Appearance by Emilia Ward VandenBroek on behalf of JOHN R. HARRISON (VandenBroek, Emilia) [Transferred from District of Columbia on 11/15/2022.]
July 29, 2022 Opinion or Order Filing 11 Consent MOTION for Extension of Time to File Answer re #1 Complaint by FRANK KENDALL, III. (Attachments: #1 Text of Proposed Order)(Caplen, Robert) [Transferred from District of Columbia on 11/15/2022.]
July 29, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Robert Aaron Caplen on behalf of FRANK KENDALL, III (Caplen, Robert) [Transferred from District of Columbia on 11/15/2022.]
July 29, 2022 Opinion or Order MINUTE ORDER granting #11 Consent Motion for Extension of Time to Answer #1 Complaint. Defendant shall respond or otherwise answer the Complaint by October 3, 2022. Signed by Judge Amit P. Mehta on 7/29/2022. (lcapm1) [Transferred from District of Columbia on 11/15/2022.]
July 28, 2022 Opinion or Order MINUTE ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Attorney Emilia Millie W. VandenBroek is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Amit P. Mehta on 7/28/2022. (lcapm1) [Transferred from District of Columbia on 11/15/2022.]
July 25, 2022 Opinion or Order Filing 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emilia Millie W. VandenBroek Esq., Filing fee $ 100, receipt number ADCDC-9394038. Fee Status: Fee Paid. by JOHN R. HARRISON. (Browning, Paul) [Transferred from District of Columbia on 11/15/2022.]
June 28, 2022 Opinion or Order Filing 8 NOTICE of Appearance by Thomas Eric Sullivan on behalf of JOHN R. HARRISON (Sullivan, Thomas) (Main Document 8 replaced on 6/29/2022) (zed). [Transferred from District of Columbia on 11/15/2022.]
June 27, 2022 Opinion or Order MINUTE ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. Attorney Thomas Sullivan is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Amit P. Mehta on 6/27/2022. (lcapm1) [Transferred from District of Columbia on 11/15/2022.]
June 23, 2022 Opinion or Order Filing 7 DECLARATION of Thomas E. Sullivan by JOHN R. HARRISON re #6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas E. Sullivan, Filing fee $ 100, receipt number ADCDC-9324061. Fee Status: Fee Paid. filed by JOHN R. HARRISON. (Browning, Paul) [Transferred from District of Columbia on 11/15/2022.]
June 23, 2022 Opinion or Order NOTICE OF ERROR re #6 Motion for Leave to Appear Pro Hac Vice; emailed to paul.browning@finnegan.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed, 2. Declaration must have an original, ink signature; refile using the event Declaration (zjf, ) [Transferred from District of Columbia on 11/15/2022.]
June 22, 2022 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas E. Sullivan, Filing fee $ 100, receipt number ADCDC-9324061. Fee Status: Fee Paid. by JOHN R. HARRISON. (Browning, Paul) [Transferred from District of Columbia on 11/15/2022.]
May 26, 2022 Opinion or Order Filing 5 SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zeg) [Transferred from District of Columbia on 11/15/2022.]
May 24, 2022 Opinion or Order Filing 4 REQUEST FOR SUMMONS TO ISSUE filed by JOHN R. HARRISON.(Browning, Paul) [Transferred from District of Columbia on 11/15/2022.]
May 24, 2022 Opinion or Order Filing 3 SUMMONS (1) Issued Electronically as to FRANK KENDALL, III. (Attachment: #1 Notice and Consent)(zsb) [Transferred from District of Columbia on 11/15/2022.]
May 24, 2022 Opinion or Order NOTICE OF ERROR re #1 Complaint; emailed to paul.browning@finnegan.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zsb, ) [Transferred from District of Columbia on 11/15/2022.]
May 23, 2022 Opinion or Order Case Assigned to Judge Amit P. Mehta. (zsb) [Transferred from District of Columbia on 11/15/2022.]
May 19, 2022 Opinion or Order Filing 2 ERRATA by JOHN R. HARRISON. (Browning, Paul) [Transferred from District of Columbia on 11/15/2022.]
May 19, 2022 Opinion or Order NOTICE OF ERROR re #1 Complaint; emailed to paul.browning@finnegan.com, cc'd 1 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. (zsb, ) [Transferred from District of Columbia on 11/15/2022.]
May 18, 2022 Opinion or Order Filing 1 COMPLAINT against FRANK KENDALL, III ( Filing fee $ 402 receipt number ADCDC-9247340) filed by JOHN R. HARRISON. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Browning, Paul) [Transferred from District of Columbia on 11/15/2022.]

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Plaintiff: John R. Harrison
Represented By: Emilia Ward VandenBroek
Represented By: Doris Johnson Hines
Represented By: Thomas Eric Sullivan
Represented By: Paul Browning
Represented By: Elizabeth Diane Ferrill
Represented By: Nicholas A Cerulli
Represented By: Paul W. Browning
Represented By: Thomas E. Sullivan
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Defendant: Frank Kendall, III
Represented By: Brendan Thomas Moore
Represented By: Robert Aaron Caplen
Represented By: Peter B. Baumhart
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