Kelley v. Washington Metropolitan Area Transit Authority
Plaintiff: Elizabeth Kelley
Defendant: Washington Metropolitan Area Transit Authority
Case Number: 1:2023cv00058
Filed: January 12, 2023
Court: US District Court for the Eastern District of Virginia
Presiding Judge: T S Ellis
Referring Judge: Lindsey R Vaala
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1446 Notice of Removal-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2023 Filing 16 REPLY to Response to Motion re #4 MOTION to Dismiss for Failure to State a Claim filed by Washington Metropolitan Area Transit Authority. (Gaffney, Donna)
February 17, 2023 Filing 15 EXHIBIT Two by Elizabeth Kelley.. (Attachments: #1 Exhibit)(Gray, Daniel)
February 17, 2023 Filing 14 Memorandum in Opposition re #4 MOTION to Dismiss for Failure to State a Claim , #5 MOTION for Leave to File Video Evidence filed by Elizabeth Kelley. (Attachments: #1 Affidavit, #2 Proposed Order)(Gray, Daniel)
February 16, 2023 Reset Deadlines as to #4 MOTION to Dismiss for Failure to State a Claim . Motion Hearing reset for 3/17/2023 at 11:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (tran)
February 2, 2023 Reset Deadlines as to #4 MOTION to Dismiss for Failure to State a Claim . Motion Hearing reset for 3/3/2023 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (tran)
February 1, 2023 Opinion or Order Filing 13 ORDER granting #12 Consent MOTION for Leave to File, and deadline is extended until February 17, 2023. Signed by District Judge T. S. Ellis, III on 2/1/2023. (nlop)
January 31, 2023 Filing 12 Consent MOTION for Leave to File by Elizabeth Kelley. (Attachments: #1 Proposed Order)(Gray, Daniel)
January 31, 2023 Filing 11 NOTICE by Washington Metropolitan Area Transit Authority re #4 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit)(Cuthbertson, James)
January 24, 2023 Filing 10 Letter to the Court filed by Washington Metropolitan Area Transit Authority in re the filing of a CD containing true and correct copies of the authenticated videos which are Exhibits 1 and 2 to WMATA's Memorandum in Support of its Motion to Dismiss. (Attachments: #1 Envelope)(Dest)
January 23, 2023 Set Deadline as to #4 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 2/24/2023 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (wgar, )
January 20, 2023 Opinion or Order Filing 9 ORDER granted (Dkt. [6-1]) Motion for use of courtroom technology. Permission is granted for the sole and limited purpose to adjust and control counsels hearing aid. The cell phone shall not be used for any other purpose. Signed by District Judge T. S. Ellis, III on 01/20/2023. (tran)
January 20, 2023 Opinion or Order Filing 8 ORDERED that Defendant is granted leave to file true and correct copies of the authenticated video of the incident on February 8, 2019, that is the subject of this action via the following means: Submit a CD copy or USB device to the Clerk of the Court for inclusion in the record. Signed by District Judge T. S. Ellis, III on 01/20/2023. (tran)
January 20, 2023 Filing 7 NOTICE of Appearance by Donna Lynn Gaffney on behalf of Washington Metropolitan Area Transit Authority (Gaffney, Donna)
January 20, 2023 Filing 6 Notice of Hearing Date 02/24/2023 re #4 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Supplement Request for personal electronic device)(Gaffney, Donna)
January 19, 2023 Filing 5 MOTION for Leave to File Video Evidence by Washington Metropolitan Area Transit Authority. (Attachments: #1 Proposed Order Proposed Order granting leave to file video)(Gaffney, Donna)
January 19, 2023 Filing 4 MOTION to Dismiss for Failure to State a Claim by Washington Metropolitan Area Transit Authority. (Attachments: #1 Supplement Supporting Memorandum of Law, #2 Exhibit Placeholder for video, #3 Exhibit Placeholder for video, #4 Exhibit Declaration of Wanda Robinson, #5 Exhibit Declaration of Eric Pryor, #6 Exhibit Declaration of Keisha Henry, #7 Proposed Order Proposed Order granting motion)(Gaffney, Donna)
January 18, 2023 Filing 3 NOTICE of Appearance by James Douglas Cuthbertson on behalf of Washington Metropolitan Area Transit Authority (Cuthbertson, James)
January 12, 2023 Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge Lindsey R. Vaala. (nlop)
January 12, 2023 Filing 2 Corporate Disclosure Statement by Washington Metropolitan Area Transit Authority. (Gaffney, Donna)
January 12, 2023 Filing 1 Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-8751278.), filed by Washington Metropolitan Area Transit Authority. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Letter to clerk, #3 Exhibit Summons, #4 Exhibit Affidavit for Service on Secretary of Commonwealth, #5 Exhibit Civil intake sheet, #6 Exhibit Complaint, #7 Exhibit Receipt)(Gaffney, Donna) (Attachment 1 replaced on 1/18/2023) (nlop, ).

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Plaintiff: Elizabeth Kelley
Represented By: Daniel Michael Gray
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Defendant: Washington Metropolitan Area Transit Authority
Represented By: Donna Lynn Gaffney
Represented By: James Douglas Cuthbertson
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