Sigoloff v. Austin et al
| Samuel Sigoloff |
| Lloyd J Austin, III, Christine Wormuth, Anthony R. Hale, United States Department of Defense and Defense Health Agency |
| 1:2023cv00230 |
| February 22, 2023 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Patricia Tolliver Giles |
| Lindsey R Vaala |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on April 21, 2023. A more recent docket listing may be available from PACER.
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Filing 50
Proposed Summons to Defense Health Agency by Samuel Sigoloff. (Melus, Gregory)
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#34 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by United States Department of Defense, Lloyd J Austin, III, Anthony R. Hale, Christine Wormuth REMOVED FROM 04/27/2023 DOCKET - MOOT/ORDER ENTERED 4/20/23-LRV - PER PTG CHAMBERS) (pmil, )
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Filing 49
AMENDED COMPLAINT against All Defendants, filed by Samuel Sigoloff. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Melus, Gregory)
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Filing 48
MEMORANDUM OPINION and ORDER that Plaintiff's Motion to File an Amended Complaint (Dkt. No. 44) is GRANTED; it is further ORDERED that Plaintiff shall immediately file the proposed Amended Complaint (Dkt. No. 44-1) and any attachments thereto as a separate docket entry; it is further ORDERED that Plaintiff shall serve the Amended Complaint on Defendant Defense Health Agency within 30 days of this Order and promptly file the executed summons on the docket; it is further ORDERED that, within seven (7) days after the Amended Complaint has been served on Defendant Defense Health Agency, the parties must submit, for the Court's consideration, a joint briefing schedule that complies with Local Civil Rule 7 for any further motions to dismiss the Amended Complaint by Defendants in re #44 MOTION for Leave to File filed by Samuel Sigoloff. Signed by Magistrate Judge Lindsey R. Vaala on 4/20/2023. (swil)
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Filing 47
REPLY to Response to Motion re #44 MOTION for Leave to File Amended Complaint filed by Samuel Sigoloff. (Melus, Gregory)
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Filing 46
Memorandum in Opposition re #44 MOTION for Leave to File filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth. (Chan, Hugham)
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Filing 45
Reply to Motion re #34 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth. (Attachments: #1 Exhibit No. 5, #2 Exhibit No. 6)(Chan, Hugham)
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Filing 44
Motion to File Amended Complaaint filed by Samuel Sigoloff. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Proposed Order)(Melus, Gregory) Modified to correct docket event on 3/30/2023 (swil).
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Filing 43
Memorandum in Opposition re #34 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Samuel Sigoloff. (Attachments: #1 Proposed Order)(Melus, Gregory)
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Filing 42
ORDERED that the Motion is GRANTED. Plaintiff shall have up to and including March 24, 2023, to file an Opposition to the Defendants' Motion to Dismiss in re #41 Consent MOTION for Extension of Time to File Response/Reply. Signed by District Judge Patricia Tolliver Giles on 3/21/2023. (Dest)
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Filing 41
Consent MOTION for Extension of Time to File Response/Reply as to #34 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Samuel Sigoloff. (Attachments: #1 Proposed Order)(Melus, Gregory)
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Filing 40
Withdrawal of Motion by Samuel Sigoloff re #2 MOTION for Injunction (Melus, Gregory)
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Set Deadline as to #34 MOTION to Dismiss for Lack of Jurisdiction; MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 4/27/2023 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (wgar, )
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Filing 39
Notice of Hearing Date (Revised) set for April 27, 2023 re #34 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Chan, Hugham)
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Notice of Correction: The filing user has been notified to refile the notice of hearing which requests a Thursday date in re #36 Notice of Hearing Date. (wgar, )
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Filing 38
NOTICE of Appearance by Hugham Chan on behalf of Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth (Chan, Hugham)
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Filing 37
Opposition to #2 MOTION for Injunction filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Affidavit, #5 Affidavit, #6 Affidavit)(Chan, Hugham)
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Filing 36
Notice of Hearing Date set for April 28, 2023 re #34 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Chan, Hugham)
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Filing 35
Memorandum in Support re #34 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Affidavit)(Chan, Hugham)
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Filing 34
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth. (Chan, Hugham)
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Filing 33
So Ordered re #32 Notice of Voluntary Dismissal Without Prejudice filed by Samuel Sigoloff. Signed by District Judge Patricia Tolliver Giles on 3/8/2023. (swil)
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Filing 32
NOTICE of Voluntary Dismissal Under FRCP 41(A)(1)(A) by Samuel Sigoloff (Melus, Gregory)
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Filing 31
ORDER granting #30 Motion for Pro hac vice Appointed Sean Christopher Timmons for Samuel Sigoloff. Signed by District Judge Patricia Tolliver Giles on 3/1/2023. (swil)
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Filing 30
Motion to appear Pro Hac Vice by Sean C. Timmons and Certification of Local Counsel Gregory J. Melus Filing fee $ 75, receipt number AVAEDC-8824070. by Samuel Sigoloff. (Melus, Gregory)
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Filing 29
NOTICE of Appearance by Gregory Melus on behalf of Samuel Sigoloff (Melus, Gregory)
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Filing 28
Case transferred in from District of Texas Northern; Case Number 4:22-cv-00923. Original file and docket sheet received.
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Notification of transfer of civil case from the Northern District of TX Case No. 4:22cv923 to the Eastern District of Virginia. (jsmi, )
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Filing 27
MEMORANDUM OPINION & ORDER: The Court GRANTS the Motion to Transfer and ORDERS that this case be transferred to the Eastern District of Virginia. The Court further DENIES the Motion to Dismiss without prejudice of refiling with the new venue #20 . (Ordered by Judge Mark Pittman on 2/21/2023) (jgg) [Transferred from Texas Northern on 2/22/2023.]
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Filing 26
MOTION to Dismiss in their Individual Capacities, ONLY filed by Samuel Sigoloff (Attachments: #1 Proposed Order, #2 Additional Page(s), #3 Proposed Order, #4 Additional Page(s), #5 Proposed Order, #6 Additional Page(s), #7 Proposed Order) (Timmons, Sean) [Transferred from Texas Northern on 2/22/2023.]
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Filing 25
NOTICE of New Factual Case Development filed by Samuel Sigoloff (Attachments: #1 Decision from Defense Health Agency) (Timmons, Sean) [Transferred from Texas Northern on 2/22/2023.]
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Filing 24
REPLY filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth re: #20 MOTION to Dismiss or, in the alternative, MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) Fort Huachuca Decision Letter) (Bell, Kevin) [Transferred from Texas Northern on 2/22/2023.]
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Filing 23
RESPONSE filed by Samuel Sigoloff re: #22 Order Setting Deadline/Hearing, (Timmons, Sean) [Transferred from Texas Northern on 2/22/2023.]
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Filing 22
ORDER: Before the Court is Defendants Motion to Dismiss #20 . Having reviewed the Motion, the Court concludes that it would benefit from an expedited response from Plaintiff. The Court has serious questions as to whether this action is better suited in the District of Columbia. The Court therefore ORDERS Plaintiff to file a response addressing only the improper venue portion of Defendants Motion (ECF No. 20 at 16-18) by January 17, 2023. (Ordered by Judge Mark Pittman on 1/10/2023) (jgg) [Transferred from Texas Northern on 2/22/2023.]
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Filing 21
Brief/Memorandum in Support filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth re #20 MOTION to Dismiss or, in the alternative, MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Declaration(s)) (Bell, Kevin) [Transferred from Texas Northern on 2/22/2023.]
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Filing 20
MOTION to Dismiss or, in the alternative,, MOTION to Transfer Case out of District/Division () filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth (Attachments: #1 Proposed Order, #2 Proposed Order) (Bell, Kevin) [Transferred from Texas Northern on 2/22/2023.]
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Filing 19
ORDER granting in part and denying in part Defendants' Motion to Stay Deadline to Respond to Plaintiff's Complaint. ECF. No. #18 . Defendants' request to stay the deadline for their Rule 12 response is DENIED. However, the Court finds that Defendants' unopposed alternative request to extend their deadline to respond is supported by good cause and should be GRANTED. See ECF No. #18 at 2. It is therefore ORDERED that Defendants' deadline to respond to Plaintiff's complaint is extended to January 9, 2023. (Ordered by Judge Mark Pittman on 12/16/2022) (rjh) [Transferred from Texas Northern on 2/22/2023.]
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Filing 18
MOTION to Stay filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth with Brief/Memorandum in Support. (Bell, Kevin) [Transferred from Texas Northern on 2/22/2023.]
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Filing 17
NOTICE of Attorney Appearance by Warren V Norred on behalf of Samuel Sigoloff. (Filer confirms contact info in ECF is current.) (Norred, Warren) [Transferred from Texas Northern on 2/22/2023.]
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Filing 16
ORDER: The Plaintiff has received multiple notices (ECF Nos. 1, 4) that they must comply with Local Rule 83.10(a), which requires the appearance of local counsel where an attorney appearing in a case does not reside or maintain [their] principal office in this district. N.D. TEX. CIV. R.83.10(a). A review of the record reveals, however, that Plaintiff has thus failed to comply with Local Rule 83.10(a). It is therefore ORDERED that Plaintiff shall file shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a) on or before December 13, 2022. Failure to do so will result in this case being dismissed without prejudice. (Ordered by Judge Mark Pittman on 12/9/2022) (Judge Mark Pittman)(rjh) [Transferred from Texas Northern on 2/22/2023.]
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Filing 15
OBJECTION filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth re: #2 MOTION for Injunction (Attachments: #1 Declaration(s), #2 Declaration(s), #3 Declaration(s)) (Bell, Kevin) [Transferred from Texas Northern on 2/22/2023.]
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Filing 14
ORDER granting #13 Motion to Substitute Attorney. Pursuant to Local Rule 83.12(d), this order effects both the substitution of Kevin K. Bell and the withdrawal of Tami C. Parker. (Ordered by Judge Mark Pittman on 11/29/2022) (Judge Mark Pittman) [Transferred from Texas Northern on 2/22/2023.]
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Filing 13
MOTION to Substitute Attorney, Kevin K. Bell added attorney Kevin Bell,Kevin Bell for Anthony R. Hale,Kevin Bell for Christine Wormuth,Kevin Bell for United States Department of Defense,Kevin Bell for Lloyd J Austin, III. Motion filed by Anthony R. Hale, Christine Wormuth, United States Department of Defense, Lloyd J Austin, III Attorney Kevin Bell added to party Lloyd J Austin, III(pty:dft), Attorney Kevin Bell added to party Anthony R. Hale(pty:dft), Attorney Kevin Bell added to party United States Department of Defense(pty:dft), Attorney Kevin Bell added to party Christine Wormuth(pty:dft) (Bell, Kevin) [Transferred from Texas Northern on 2/22/2023.]
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Filing 12
ORDER granting #11 Defendants' Unopposed Motion for an Extension of Time to Oppose Plaintiff's Motion for a Preliminary Injunction. It is hereby ORDERED that Defendants' deadline to file their response to Plaintiff's Motion for a Preliminary Injunction is extended to December 9, 2022. (Ordered by Judge Mark Pittman on 11/14/2022) (fba) [Transferred from Texas Northern on 2/22/2023.]
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Filing 11
MOTION for Extension of Time to File Response/Reply to #2 MOTION for Injunction filed by Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Tami C Parker-DOJ added to party Lloyd J Austin, III(pty:dft), Attorney Tami C Parker-DOJ added to party Anthony R. Hale(pty:dft), Attorney Tami C Parker-DOJ added to party Christine Wormuth(pty:dft) (Parker-DOJ, Tami) [Transferred from Texas Northern on 2/22/2023.]
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Filing 10
NOTICE of re: #2 MOTION for Injunction filed by United States Department of Defense (Parker-DOJ, Tami) [Transferred from Texas Northern on 2/22/2023.]
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Filing 9
NOTICE of Attorney Appearance by Tami C Parker-DOJ on behalf of United States Department of Defense. (Filer confirms contact info in ECF is current.) (Parker-DOJ, Tami) [Transferred from Texas Northern on 2/22/2023.]
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Filing 8
SUMMONS Returned Executed as to All Defendants. (Attachments: #1 Affidavit(s), #2 Affidavit(s), #3 Affidavit(s)) (Timmons, Sean) [Transferred from Texas Northern on 2/22/2023.]
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Filing 7
NOTICE of Attorney Appearance by Sean Christopher Timmons for Andie N. Barbour on behalf of Samuel Sigoloff. (Timmons, Sean) [Transferred from Texas Northern on 2/22/2023.]
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Filing 6
Summons issued as to Lloyd J Austin, III, Anthony R. Hale, United States Department of Defense, Christine Wormuth, U.S. Attorney, and U.S. Attorney General. (jgg) [Transferred from Texas Northern on 2/22/2023.]
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Filing 5
New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (jgg) [Transferred from Texas Northern on 2/22/2023.]
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Filing 4
ORDER: A review of the record reveals that Plaintiff has yet to comply with Local Rule 83.10(a) as Plaintiffs counsel is in Houston, Texas. Accordingly, no later than October 28, 2022, Plaintiff shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). (Ordered by Judge Mark Pittman on 10/14/2022) (jgg) [Transferred from Texas Northern on 2/22/2023.]
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Filing 3
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Samuel Sigoloff. (Clerk QC note: No affiliate entered in ECF). (Timmons, Sean) [Transferred from Texas Northern on 2/22/2023.]
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Filing 2
MOTION for Injunction filed by Samuel Sigoloff (Attachments: #1 Proposed Order) (Timmons, Sean) [Transferred from Texas Northern on 2/22/2023.]
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Filing 1
COMPLAINT against All Defendants filed by Samuel Sigoloff. (Filing fee $402; Receipt number ATXNDC-13225899) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s), #19 Exhibit(s), #20 Exhibit(s)) (Timmons, Sean) [Transferred from Texas Northern on 2/22/2023.]
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