Jones v. Del Toro
| Carlos del Toro |
| William David Jones |
| Merit Systems Protection Board |
| 3:2023cv00514 |
| August 10, 2023 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Civil Rights: Other |
| 29 U.S.C. § 754 Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 17
ORDER- The Court hereby GRANTS Defendant's Motion for an Extension of Time, #15 . Defendant shall file a responsive pleading to Plaintiff's complaint, position on attorney Gordon's representation and response to Plaintiff's motion for a jury trial no later than November 1, 2023. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 10/5/2023. Copy of Order mailed to Plaintiff. (adun, )
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Filing 16
LETTER MOTION addressing perceived attorney misconduct and Motion to Remove Mr. Evan Gordon as Attorney Pro Hac Vice by William David Jones. (adun, )
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Filing 15
MOTION for Extension of Time and Brief in Support by Carlos del Toro. (Attachments: #1 Proposed Order)(Wu, Elizabeth)
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Filing 14
ORDER (Denying Objection as Moot and Scheduling Briefing and Initial Pretrial Conference) - This matter comes before the Court on its own initiative and on Plaintiff William David Jones' ("Plaintiff") Motion for Removal and Objection to the addition of Evan Gordon as pro hac vice representative for Secretary of the Navy Carlos Del Toro, (ECF No. 12), and Plaintiff's Motion for a Jury Trial, (ECF No. 13). The Court denies Plaintiff's Objection as moot, but sets the following briefing schedule for Plaintiff's Motion for Removal of attorney Gordon: the Government must respond within fourteen (14) days of the entry of this Order, laying out its position on whether attorney Gordon's representation presents an impermissible conflict of interest in this case; and Plaintiff shall have six (6) days to file a Reply Brief after the Government files its response. The Court also hereby ORDERS the Government to file a response to Plaintiffs Motion for a Jury Trial, (ECF No. 13), within fourteen (14) days of the entry of this Order. Plaintiff shall have six (6) days to file a Reply Brief after the Government files its response. Furthermore, the Court hereby SCHEDULES an Initial Pretrial Conference to be held telephonically at 11:00 a.m. on Tuesday, November 28, 2023. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 10/4/2023. (Copy of Order mailed to Plaintiff and Registration Form) (smej, )
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On-The-Record Initial Pretrial Conference set for 11/28/2023 at 11:00 AM in Richmond Telephonically before District Judge David J. Novak. (cgar)
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Filing 13
MOTION for Jury Trial under FRCP's 5, 38, and 39 by William David Jones. (adun, )
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Filing 12
MOTION and Objection to Addition of Mr. Evan Gordon as Pro Hac Vice representative for the Government; Request for Mr. Gordon's Removal as Attorney by William David Jones. (adun, )
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Filing 11
ORDER (Substituting the Secretary of the Navy as Defendant) the Court hereby ORDERS the Clerk to SUBSTITUTE Carlos Del Toro, the Secretary of the Navy, as the defendant in this case, and to TERMINATE the MSPB as a party. Moreover, the Navy has 14 days from the entry of this Order to file a responsive pleading to Plaintiff's complaint. If the Navy files a Motion to Dismiss Plaintiff's Complaint, then Plaintiff has 14 days to file his response. Let the Clerk file a copy of this Order electronically and notify prose Plaintiff, counsel for the MSPB and counsel for Secretary of the Navy Carlos Del Toro. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 9/26/2023. (adun, )
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Filing 10
NOTICE of Appearance by Evan Gordon on behalf of Carlos del Toro (Gordon, Evan)
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Filing 9
*** DISREGARD AS MOOT *** Motion to appear Pro Hac Vice by Evan Richard Gordon and Certification of Local Counsel Elizabeth C. Wu by Carlos del Toro. (Wu, Elizabeth) Modified on 9/25/2023, Gordon filed notice of appearance as government attorney - PHV not needed. (Khan, ).
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Filing 8
NOTICE of Appearance by Elizabeth Catherine Wu on behalf of Carlos del Toro (Attachments: #1 PHV application)(Wu, Elizabeth)
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Filing 7
NOTICE by Merit Systems Protection Board re #3 Order (Attachments: #1 Exhibit A (MSPB Initial Decision))(Wu, Elizabeth)
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Filing 6
NOTICE of Appearance by Elizabeth Catherine Wu on behalf of Merit Systems Protection Board (Wu, Elizabeth)
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Filing 5
NOTICE from Plaintiff Requesting Jury Trial Under Federal Rules of Civil Procedure 5d and 38 by William David Jones (adun, )
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Filing 4
Response to Court Order #3 filed by William David Jones. (adun, )
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Filing 3
ORDER (Requesting Positions on Substitution of Defendant)- Within 14 days of the entry of this Order, the Parties (Plaintiff and the MSPB) must file positions with the Court stating their positions on whether the Court should substitute Carlos Del Toro, the Secretary of the Navy, as the defending party in this case. The Court instructs pro se Plaintiff and the MSPB that their positions, as well as any and all subsequent fillings in this case, must comply with the Local Rules of this Court, which are available on the Courts website. The MSPB is responsible for notifying the Navy of this Order and advising the Navy on the MSPBs position regarding whether the Secretary of the Navy should be substituted as the proper defending party. Within 7 days after the August 30, 2023 deadline for the Parties to file their positions on the substitution of the Secretary of the Navy as the defending party, the Navy must file any objection to substitution with this Court. Signed by District Judge David J. Novak on 8/16/2023. Copy of Order mailed to pro se Plaintiff and Counsel for MSPB.(adun, )
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Filing 2
Letter from the Clerk re: Local Rule 83.1. Letter and local rule mailed to counsel. (Attachments: #1 Local Rule 83.1) (smej, )
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Filing 1
Letter from the United States Court of Appeals for the Federal Circuit transferring case to EDVA - Richmond Division. (Attachments: #1 Transfer Order, #2 Docket Report & Documents) (smej, ) (Additional attachment(s) added on 8/14/2023: #3 Response ECF 21 - Filed under Seal) (smej, ).
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