Fitzgibbon v. Radack
| Trevor Fitzgibbon |
| Jesselyn A. Radack |
| Eugene Volokh |
| 3:2019cv00477 |
| June 28, 2019 |
| US District Court for the Eastern District of Virginia |
| Robert E Payne |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 65 Memorandum in Support re #64 MOTION to Amend/Correct #43 Amended Complaint (Motion to Supplement SAC) filed by Trevor Fitzgibbon. (Biss, Steven) |
| Filing 64 MOTION to Amend/Correct #43 Amended Complaint (Motion to Supplement SAC) by Trevor Fitzgibbon. (Attachments: #1 Exhibit A - Statement of Additional Claims, #2 Proposed Order)(Biss, Steven) |
| Filing 63 ANSWER to Counterclaim re #57 Amended Counterclaim, by Trevor Fitzgibbon. (Biss, Steven) |
| Filing 62 SETTLEMENT AGREEMENT re: #60 Order by Jesselyn A. Radack (Thomas, D.). Modified docket text on 2/10/2020 (sbea, ) |
| Filing 61 Reply to Motion re #45 MOTION to Dismiss for Lack of Jurisdiction filed by Jesselyn A. Radack. (Thomas, D.) |
Filing 60
ORDER re #56 Order on Motion to Seal. It is hereby ORDERED that the ORDER (ECF No. 56) is amended to reflect that the last sentence in the paragraph be as follows: "Counsel for the defendant shall make the required redactions and the filing herein required by February 11, 2020.". Signed by District Judge Robert E. Payne on 02/06/2020. Copy mailed to Eugene Volokh.(tjoh, )
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| Filing 59 Reply to Motion re #47 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P 12(b)(1) filed by Jesselyn A. Radack. (Thomas, D.) |
| Filing 58 Reply to Motion re #50 MOTION to Dismiss for Failure to State a Claim Fed. R. Civ. P 12(b)(6) filed by Jesselyn A. Radack. (Attachments: #1 Exhibit Declaration of Jesselyn A. Radack)(Thomas, D.) |
| Filing 57 AMENDED COUNTERCLAIM re: Second Amended Complaint #43 against Trevor Fitzgibbon, filed by Jesselyn A. Radack. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Thomas, D.) Modified on 2/3/2020 to add link per counsel's request. (tjoh, ) |
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Filing 56
AMENDED PER ORDER #60 ORDER - It is hereby ORDERED that the MOTION TO SEAL (ECF No. 8) is denied as moot. it is hereby ORDERED that the SETTLEMENT AGREEMENT (ECF No. 11) shall be restored to the public record; and it is further ORDERED that the references therein to personal identifiers of third-parties and of the parties shall be redacted from the SETTLEMENT AGREEMENT that is filed pursuant to this ORDER and made available to the public, including the objector, Eugene Volokh. Counsel for the plaintiff shall make the redactions and the filing herein required by February 4, 2020. Signed by District Judge Robert E. Payne on 01/30/2020. Copy mailed to Eugene Volokh. (tjoh, ) Modified on 2/6/2020 (tjoh, ).
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| Filing 55 Memorandum in Opposition re #50 MOTION to Dismiss for Failure to State a Claim Fed. R. Civ. P 12(b)(6) filed by Trevor Fitzgibbon. (Biss, Steven) |
| Filing 54 Memorandum in Opposition re #45 MOTION to Dismiss for Lack of Jurisdiction filed by Trevor Fitzgibbon. (Attachments: #1 Declaration of Trevor Fitzgibbon, #2 Exhibit Radack Discovery Responses)(Biss, Steven) |
| Filing 53 Memorandum in Opposition re #47 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P 12(b)(1) filed by Trevor Fitzgibbon. (Biss, Steven) |
| Filing 52 ANSWER to Counterclaim re #49 Answer to Complaint, Counterclaim by Trevor Fitzgibbon. (Biss, Steven) |
| Filing 51 Memorandum in Support re #50 MOTION to Dismiss for Failure to State a Claim Fed. R. Civ. P 12(b)(6) filed by Jesselyn A. Radack. (Attachments: #1 Proposed Order)(Thomas, D.) |
| Filing 50 MOTION to Dismiss for Failure to State a Claim Fed. R. Civ. P 12(b)(6) by Jesselyn A. Radack. (Thomas, D.) |
| Filing 49 ANSWER to #43 Second Amended Complaint with Affirmative Defenses, COUNTERCLAIM against Trevor Fitzgibbon by Jesselyn A. Radack.(Thomas, D.) Modified on 1/7/2020 (smej, ). |
| Filing 48 Memorandum in Support re #47 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P 12(b)(1) filed by Jesselyn A. Radack. (Attachments: #1 Proposed Order)(Thomas, D.) |
| Filing 47 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P 12(b)(1) by Jesselyn A. Radack. (Thomas, D.) |
| Filing 46 Memorandum in Support re #45 MOTION to Dismiss for Lack of Jurisdiction filed by Jesselyn A. Radack. (Attachments: #1 Affidavit Jesselyn Radack, #2 Proposed Order)(Thomas, D.) |
| Filing 45 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P. 12(b)(2) by Jesselyn A. Radack. (Thomas, D.) |
| Filing 44 DISREGARD FILED IN ERROR. Memorandum in Support re #24 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P. 12(b)(2) filed by Jesselyn A. Radack. (Attachments: #1 Affidavit Jesselyn Radack)(Thomas, D.) Modified on 1/6/2020 to correct text (tjoh, ). |
| Filing 43 AMENDED COMPLAINT (Second) against Jesselyn A. Radack, filed by Trevor Fitzgibbon.(Biss, Steven) |
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Filing 42
ORDER - It is hereby ORDERED that: the plaintiff shall file a Second Amended Complaint by December 10, 2019; by January 7, 2020, the defendant shall file her Answer and Affirmative Defenses and Counterclaims; the plaintiff shall file his response brief to any such motions and an Answer to the Counterclaims by January 21, 2020; the defendant shall file her reply brief(s) by February 6, 2020. It is also ORDERED that the following motions are denied as moot: #24 Motion to Dismiss for Lack of Jurisdiction; #26 Motion to Dismiss for Failure to State a Claim; #28 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Robert E. Payne on 11/20/2019. (tjoh, )
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Filing 41
JURY INITIAL PRETRIAL ORDER. At a pretrial conference held on November 19, 2019, this action was set for trial by a jury on July 13, 2020, at 9:30 a.m.The Scheduling Order and Pretrial Schedule A previously issued in this action shall remain in effect. A Final Pretrial Conference will be conducted at 10:00 o'clock, a.m. on June 29, 2020, at which time trial counsel shall appear and present for entry a Final Pretrial Order setting forth: (See for complete details). It is so ORDERED. Signed by District Judge Robert E. Payne on 11/19/2019. (nbrow)
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| Set Hearing: Final Pretrial Conference set for 6/29/2020 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. Jury Trial set for 7/13/2020 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) |
| Minute Entry for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held on 11/19/2019. (nbrow) |
| Filing 40 ANSWER to Counterclaim re #23 Answer to Complaint, Counterclaim (And Affirmative Defenses) by Trevor Fitzgibbon. (Biss, Steven) |
| Filing 39 Reply to Motion re #24 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P. 12(b)(2) filed by Jesselyn A. Radack. (Thomas, D.) |
| Filing 38 Reply to Motion re #26 MOTION to Dismiss for Failure to State a Claim Fed. R. Civ. P 12(b)(6) filed by Jesselyn A. Radack. (Thomas, D.) |
| Filing 37 Reply to Motion re #28 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P 12(b)(1) filed by Jesselyn A. Radack. (Thomas, D.) |
| Reset Hearing: Initial Pretrial Conference set for 11/19/2019 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. (nbrow) |
| Filing 36 Memorandum in Opposition re #26 MOTION to Dismiss for Failure to State a Claim Fed. R. Civ. P 12(b)(6) filed by Trevor Fitzgibbon. (Biss, Steven) |
| Filing 35 Memorandum in Opposition re #24 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P. 12(b)(2) filed by Trevor Fitzgibbon. (Attachments: #1 Exhibit A - Declaration of Trevor Fitzgibbon, #2 Exhibit B)(Biss, Steven) |
| Filing 34 Memorandum in Opposition re #28 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P 12(b)(1) filed by Trevor Fitzgibbon. (Biss, Steven) |
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Filing 33
SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 11/01/2019. (Attachment: #1 Schedule A) (nbrow)
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Filing 32
ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 11/20/2019 at 11:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 11/01/2019. (nbrow)
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| Filing 31 Reply to Notice of Withdrawal of Motion to Seal re: #14 Order, filed by Eugene Volokh. (Attachments: #1 Envelope)(tjoh, ) |
| Filing 30 CERTIFICATE OF SERVICE by Jesselyn A. Radack Amended re: #22 Withdrawal of Motion (Thomas, D.) (Main Document 30 replaced on 10/24/2019) (jsau, ). Modified on 10/25/2019 to correct text(tjoh, ). |
| Filing 29 Memorandum in Support re #28 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P 12(b)(1) filed by Jesselyn A. Radack. (Attachments: #1 Proposed Order)(Thomas, D.) |
| Filing 28 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P 12(b)(1) by Jesselyn A. Radack. (Thomas, D.) |
| Filing 27 Memorandum in Support re #26 MOTION to Dismiss for Failure to State a Claim Fed. R. Civ. P 12(b)(6) filed by Jesselyn A. Radack. (Attachments: #1 Proposed Order)(Thomas, D.) |
| Filing 26 MOTION to Dismiss for Failure to State a Claim Fed. R. Civ. P 12(b)(6) by Jesselyn A. Radack. (Thomas, D.) |
| Filing 25 Memorandum in Support re #24 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P. 12(b)(2) filed by Jesselyn A. Radack. (Attachments: #1 Exhibit A, #2 Proposed Order)(Thomas, D.) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction Fed. R. Civ. P. 12(b)(2) by Jesselyn A. Radack. (Thomas, D.) |
| Filing 23 ANSWER to #13 Amended Complaint with Affirmative Defenses, COUNTERCLAIM against Trevor Fitzgibbon by Jesselyn A. Radack.(Thomas, D.) Modified on 10/24/2019 (jsau, ). |
| Filing 22 Withdrawal of Motion by Jesselyn A. Radack re #8 MOTION to Seal (Thomas, D.) |
| Filing 21 Response to #14 Order,, (Response and Memorandum in Support of Objection to Motion to Seal) filed by Trevor Fitzgibbon. (Biss, Steven) |
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Filing 20
ORDER denying #16 Motion to Dismiss; granting #18 Motion for Extension of Time to Answer Jesselyn A. Radack answer due 10/29/2019. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 10/17/2019. (tjoh, )
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| Filing 19 NOTICE by Trevor Fitzgibbon re #18 MOTION for Extension of Time to File Answer re #13 Amended Complaint (Biss, Steven) |
| Filing 18 MOTION for Extension of Time to File Answer re #13 Amended Complaint by Jesselyn A. Radack. (Attachments: #1 Proposed Order)(Thomas, D.) |
| Filing 17 Memorandum in Support re #16 MOTION to Dismiss Fed. R. Civ. P 12(b)(1), (b)(2), and (b)(6) Amended Complaint filed by Jesselyn A. Radack. (Attachments: #1 Affidavit Jesselyn Radack, #2 Proposed Order)(Thomas, D.) |
| Filing 16 MOTION to Dismiss Fed. R. Civ. P 12(b)(1), (b)(2), and (b)(6) by Jesselyn A. Radack. (Thomas, D.) |
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Filing 15
ORDER - Having reviewed the file herein and finding that, pursuant to Fed. R. Civ. P. 15(a)(1)(B), the plaintiff filed his AMENDED COMPLAINT on September 29, 2019 (ECF No. 13), it is hereby ORDERED that DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b) (1), (b) (2), AND (b) (6) (ECF No. 6) is denied as moot. It is further ORDERED that the defendants shall file their Answers and any other motions with respect to the AMENDED COMPLAINT by October 15, 2019. Signed by District Judge Robert E. Payne on 10/04/2019. (tjoh, )
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Filing 14
ORDER - Having reviewed the Objection to Motion to Seal (EOF No. 12), it is hereby ORDERED that the plaintiff and the defendant shall file responses to the Objection to Motion to Seal (ECF No. 12) by October 22, 2019 and shall serve the objector who shall file a reply by November 6, 2019. The Clerk shall send a copy of this Order to Mr. Eugene Volokh at the address reflected in the Objection to Motion to Seal. Signed by District Judge Robert E. Payne on 10/02/2019. Copy mailed as directed. (tjoh, )
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| Filing 13 AMENDED COMPLAINT against Jesselyn A. Radack, filed by Trevor Fitzgibbon.(Biss, Steven) |
| Filing 12 Objection to #8 MOTION to Seal filed by Eugene Volokh. (Attachments: #1 Letter, #2 Envelope)(tjoh, ) |
| Filing 11 Sealed Document. (Thomas, D.) |
| Filing 10 Notice of Filing Sealing Motion LCvR5(C) by Jesselyn A. Radack re #8 MOTION to Seal (Thomas, D.) |
| Filing 9 Memorandum in Support re #8 MOTION to Seal filed by Jesselyn A. Radack. (Thomas, D.) |
| Filing 8 MOTION to Seal by Jesselyn A. Radack. (Attachments: #1 Proposed Order)(Thomas, D.) |
| Filing 7 Memorandum in Support re #6 MOTION to Dismiss Fed. R. Civ. P 12(b)(1), (b)(2), and (b)(6) filed by Jesselyn A. Radack. (Attachments: #1 Affidavit Jesselyn Radack, #2 Proposed Order)(Thomas, D.) |
| Filing 6 MOTION to Dismiss Fed. R. Civ. P 12(b)(1), (b)(2), and (b)(6) by Jesselyn A. Radack. (Thomas, D.) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Trevor Fitzgibbon. Jesselyn A. Radack waiver sent on 7/10/2019, answer due 9/9/2019. (Attachments: #1 Letter)(tjoh, ) |
| Filing 4 Summons Issued as to Jesselyn A. Radack. NOTICE TO ATTORNEY: REMOVE HEADERS Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (jsau, ) |
| Filing 3 Proposed Summons re #1 Complaint by Trevor Fitzgibbon. (Biss, Steven) |
| Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Trevor Fitzgibbon. (Biss, Steven) |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6714801.), filed by Trevor Fitzgibbon. (Attachments: #1 Civil Cover Sheet)(Biss, Steven) |
| Initial Case Assignment to District Judge Robert E. Payne. (jsau, ) |
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