RODEARMEL v. CLINTON et al

Plaintiff:DAVID C. RODEARMEL
Defendant:HILLARY RODHAM CLINTON and U.S. DEPARTMENT OF STATE
 
Case Number:1:2009cv00171
Filed:January 29, 2009
 
Court:District Of Columbia District Court
Office:Civil Rights: Other Office
County:88888
Presiding Judge:Judge Reggie B. Walton
 
Nature of Suit:Civil Rights - Other Civil Rights
Cause:U.S. Government Defendant
Jurisdiction:U.S. Government Defendant
Jury Demanded By:28:1331 Federal Question: Other Civil Rights
Date Filed # Docket Text
January 29, 2009 1 COMPLAINT against HILLARY RODHAM CLINTON, U.S. DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616017928) filed by DAVID C. RODEARMEL. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: January 30, 2009)
January 29, 2009 2 MOTION for three judge court by DAVID C. RODEARMEL (Attachments: # 1 Text of Proposed Order)(td, ) (Entered: January 30, 2009)
January 29, 2009 SUMMONS (4) Issued as to HILLARY RODHAM CLINTON, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: January 30, 2009)
February 2, 2009 3 ORDER granting 2 Motion. Per the attached order, the plaintiff's application for a three-judge court is granted. The Clerk of the Court shall immediately transfer a copy of this order to the Clerk of the Court of the United States Court of Appeals for the District of Columbia Circuit for referral to the Chief Judge of that court so that he may appoint the other members of the three-judge panel that will preside over this case. Signed by Judge Reggie B. Walton on 2/02/09. (lcrbw3, ) (Entered: 02/02/2009)
February 3, 2009 NOTICE of transmitting order filed 2/2/09 regarding Three Judge Court re 3 Order on Motion for Miscellaneous Relief, (td, ) (Entered: February 3, 2009)
February 6, 2009 4 ORDER of USCA as to 3 Order on Motion for appointment of Three Judge Panel designating USCA Judge Karen LeCraft Henderson, and District Judge James Robertson to serve with District Judge Reggie B. Walton to hear and determine this case; directing that USCA Judge Karen LeCraft Henderson will preside over the proceedings. (Signed by Chief Judge David B. Sentelle on 2/4/09) (jeb, ) (Entered: February 6, 2009)
March 9, 2009 5 NOTICE of Appearance by Jeffrey Michael Smith on behalf of all defendants (Smith, Jeffrey) (Entered: March 9, 2009)
April 16, 2009 6 MOTION for Extension of Time to File Answer re 1 Complaint by HILLARY RODHAM CLINTON (Smith, Jeffrey) (Entered: April 16, 2009)
April 16, 2009 7 NOTICE of Appearance by Eric J. Soskin on behalf of all defendants (Soskin, Eric) (Entered: April 16, 2009)
April 20, 2009 8 NOTICE of Filing of Proof of Service by DAVID C. RODEARMEL (Attachments: # 1 Declaration)(Peterson, James) (Entered: 04/20/2009)
April 20, 2009 9 NOTICE of Revised Rule 7(m) Statement by HILLARY RODHAM CLINTON, U.S. DEPARTMENT OF STATE (Soskin, Eric) (Entered: April 20, 2009)
April 20, 2009 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to HILLARY RODHAM CLINTON served on 2/17/2009, answer due 4/20/2009; U.S. DEPARTMENT OF STATE served on 2/17/2009, answer due 4/20/2009., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. Date of Service Upon Attorney General 2/9/09; (See Docket Entry No. 8 to view document) (td, ) (Entered: April 21, 2009)
April 21, 2009 10 ORDER re: 6 MOTION for Extension of Time to Respond to Complaint, it is hereby ORDERED that the Defendants' motion is GRANTED; Defendant's have until 5/20/09 to respond to the First Amended complaint. IT IS SO ORDERED. Signed by Judge Reggie B. Walton on 4/20/09. (mpt, ) (Entered: April 21, 2009)
May 20, 2009 12 MOTION to Dismiss by HILLARY RODHAM CLINTON (Attachments: # 1 Exhibit 2009 OLC Opinion, # 2 Exhibit 1987 OLC Unpublished Memorandum)(Smith, Jeffrey) (Entered: May 20, 2009)
May 29, 2009 13 Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by DAVID C. RODEARMEL (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: May 29, 2009)
June 4, 2009 MINUTE ORDER granting 13 Motion for Extension of Time to File Response/Reply. The Court having considered the Unopposed Motion for Extension of Time filed by the plaintiff on May 29, 2009, and it appearing to the Court that there is good cause to grant the relief requested therein based upon the consent of the defendants as represented to the Court by the plaintiff, it is ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiff shall file his opposition to the defendants' motion to dismiss on or before June 26, 2009. Signed by Judge Reggie B. Walton on 6/04/09. (lcrbw3, ) (Entered: June 4, 2009)
June 5, 2009 Set/Reset Deadlines: Opposition to Motion to Dismiss on or before 6/26/2009. (mpt, ) (Entered: June 5, 2009)
June 22, 2009 14 NOTICE of Appearance by Neal Andrew Goldfarb on behalf of HANA FILIP, GEORGIA M. GREEN, JEFFREY P. KAPLAN, JASON MERCHANT, BARBARA PARTEE, ROGER SHUY, THOMAS WASOW (nmw, ) (Entered: 06/22/2009)
June 22, 2009 15 MOTION for Leave to File Amicus Curiae Brief in Support of Motion to Dismiss by HANA FILIP, GEORGIA M. GREEN, JEFFREY P. KAPLAN, JASON MERCHANT, BARBARA PARTEE, ROGER SHUY, THOMAS WASOW (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(nmw, ) (Entered: June 22, 2009)
June 25, 2009 16 Joint MOTION for Extension of Time to File Response/Reply And to Set Briefing Schedule by HILLARY RODHAM CLINTON (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: June 25, 2009)
June 26, 2009 MINUTE ORDER granting 16 Motion for Extension of Time to File Response/Reply. The Court having considered the Joint Motion for an Extension of Time and to Set Briefing Schedule filed by the parties on June 25, 2009, and it appearing to the Court that there is good cause to grant the relief requested therein based upon the joint nature of the request, it is ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiff shall file his opposition to the defendants' motion to dismiss on or before July 2, 2009. It is further ORDERED that the defendants shall file their reply memorandum in support of their motion to dismiss on or before August 10, 2009. Signed by Judge Reggie B. Walton on 6/26/09. (lcrbw3, ) (Entered: June 26, 2009)
July 2, 2009 17 Memorandum in opposition to re 12 MOTION to Dismiss filed by DAVID C. RODEARMEL. (Peterson, James) (Entered: July 2, 2009)
July 2, 2009 18 Cross MOTION for Summary Judgment by DAVID C. RODEARMEL (Attachments: # 1 Memorandum in Support, # 2 Declaration David C. Rodearmel, # 3 Statement of Facts, # 4 Text of Proposed Order)(Peterson, James) (Entered: July 2, 2009)
July 9, 2009 19 NOTICE of Change of Address by James F. Peterson (Peterson, James) (Entered: July 9, 2009)
July 9, 2009 20 NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: July 9, 2009)
July 9, 2009 21 Memorandum in opposition to re 15 MOTION for Leave to File filed by DAVID C. RODEARMEL. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: July 9, 2009)
July 10, 2009 NOTICE OF CORRECTED DOCKET ENTRY: re 21 Memorandum in Opposition. The Proposed Order is incomplete. Please refile a corrected Proposed Order. (nmw, ) (Entered: July 10, 2009)
July 10, 2009 22 NOTICE of Proposed Order Corrected Version relating to Docket Entry No, 21 by DAVID C. RODEARMEL re 21 Memorandum in Opposition (Peterson, James) (Entered: July 10, 2009)
July 14, 2009 23 Joint MOTION for Extension of Time to File Response/Reply to Consolidate Briefing Schedule by HILLARY RODHAM CLINTON, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: July 14, 2009)
July 15, 2009 24 REPLY to opposition to motion re 15 MOTION for Leave to File Memorandum as Amici Curiae filed by HANA FILIP, GEORGIA M. GREEN, JEFFREY P. KAPLAN, JASON MERCHANT, BARBARA PARTEE, ROGER SHUY, THOMAS WASOW. (Attachments: # 1 Exhibit 1)(Goldfarb, Neal) (Entered: July 15, 2009)
July 17, 2009 25 ERRATA by HANA FILIP, GEORGIA M. GREEN, JEFFREY P. KAPLAN, JASON MERCHANT, BARBARA PARTEE, ROGER SHUY, THOMAS WASOW 24 Reply to opposition to Motion, filed by JEFFREY P. KAPLAN, ROGER SHUY, JASON MERCHANT, BARBARA PARTEE, THOMAS WASOW, HANA FILIP, GEORGIA M. GREEN. (Goldfarb, Neal) (Entered: July 17, 2009)
July 17, 2009 MINUTE ORDER granting 23 Motion for Extension of Time to File Response/Reply. The Court having considered the Joint Motion to Consolidate Briefing Schedule, and it appearing to the Court that there is good cause to grant the relief requested therein, it is ORDERED that the motion is GRANTED. It is further ORDERED that the defendants shall file their cross-opposition to the plaintiff's cross-motion for summary judgment along with their reply memorandum in support of their motion for summary judgment, if any they intend to file, in one consolidated memorandum of law on or before August 10, 2009. Signed by Judge Reggie B. Walton on 7/17/09. (lcrbw3, ) (Entered: July 17, 2009)
July 20, 2009 Set/Reset Deadlines: One consolidated memoradum of law due by 8/10/2009. (mpt, ) (Entered: July 20, 2009)
August 10, 2009 26 Memorandum in opposition to re 18 Cross MOTION for Summary Judgment and Reply in Support of Defendants' Motion to Dismiss filed by HILLARY RODHAM CLINTON, U.S. DEPARTMENT OF STATE. (Soskin, Eric) (Entered: August 10, 2009)
August 10, 2009 27 REPLY to opposition to motion re 12 MOTION to Dismiss filed by HILLARY RODHAM CLINTON, U.S. DEPARTMENT OF STATE. (See Docket Entry 26 to view document. Counsel is reminded to docket the reply as a separate docket entry in the future)(rdj) (Entered: 08/11/2009)
August 20, 2009 28 REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by DAVID C. RODEARMEL. (Peterson, James) (Entered: 08/20/2009)
August 26, 2009 MINUTE ORDER. It is ORDERED that the parties shall appear before this Court on September 16, 2009, at 9:30 a.m. for a hearing on the merits of the defendants' motion to dismiss and the plaintiff's cross-motion for summary judgment to be held in Courtroom 22A of the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, DC 20001. Signed by Judge Reggie B. Walton on 8/26/09. (lcrbw3, ) (Entered: August 26, 2009)
August 27, 2009 MINUTE ORDER granting 15 Motion for Leave to File. The Court having considered the Motion of Professors of Linguistics for Leave to File Memorandum as Amici Curiae in Support of the Defendants' Motion to Dismiss the Complaint, and it appearing to the Court that there is good cause to grant the relief requested therein, it is ORDERED that the motion is GRANTED. It is further ORDERED that the Clerk of the Court shall docket Exhibit 1 to amici curiae's motion as amici curiae's memorandum of law in support of the defendants' motion to dismiss. It is further ORDERED that the plaintiff shall file his opposition to amici curiae's memorandum of law, if any he intends to file, on or before September 7, 2009. It is further ORDERED that no reply memorandum in support of amici curiae's memorandum of law may be filed. Signed by Judge Reggie B. Walton on 8/27/09. (lcrbw3, ) (Entered: August 27, 2009)
August 27, 2009 Set/Reset Deadlines: Opposition to amici curia's memorandum of law due by 9/7/2009 (mpt, ) (Entered: August 27, 2009)
August 27, 2009 29 AMICUS BRIEF in Support of Defendants' Motion to Dismiss by HANA FILIP, GEORGIA M. GREEN, JEFFREY P. KAPLAN, JASON MERCHANT, BARBARA PARTEE, ROGER SHUY, THOMAS WASOW. (nmw, ) (Entered: 08/29/2009)
September 3, 2009 30 MOTION for Order Granting Leave to Participate in Hearing on the Parties' Dispositive Motions by HANA FILIP, GEORGIA M. GREEN, JEFFREY P. KAPLAN, JASON MERCHANT, BARBARA PARTEE, ROGER SHUY, THOMAS WASOW (Attachments: # 1 Text of Proposed Order)(Goldfarb, Neal) (Entered: September 3, 2009)
September 4, 2009 MINUTE ORDER denying 30 Motion for Order. The Court having considered the Motion of Professors of Linguistics for Leave to Participate in Hearing on the Parties' Dispositive Motions, and it appearing to the Court that good cause has not been shown to grant the relief requested therein, it is ORDERED that the motion is DENIED. Signed by Judge Reggie B. Walton on 9/4/2009 (lcrbw1). (Entered: September 4, 2009)
September 8, 2009 31 RESPONSE re 29 to Memorandum of Professors of Linguistics as Amici Curiae filed by DAVID C. RODEARMEL. (Attachments: # 1 Exhibit)(Orfanedes, Paul) Modified on 9/9/2009 to add linkage (rdj). (Entered: September 8, 2009)
September 9, 2009 MINUTE ORDER. With regards to the hearing on the merits of the defendants' motion to dismiss and the plaintiff's cross-motion for summary judgment before this Court at 9:30 a.m. on September 16, 2009, it is ORDERED that each of the parties limit their oral arguments to 30 minutes, with the defendants having the option of reserving a portion of their oral argument time for rebuttal. Signed by Judge Reggie B. Walton on 9/9/09 (lcrbw1). (Entered: September 9, 2009)
September 15, 2009 32 NOTICE of Appearance by Ian Heath Gershengorn on behalf of HILLARY RODHAM CLINTON, U.S. DEPARTMENT OF STATE (Gershengorn, Ian) (Entered: September 15, 2009)
September 15, 2009 33 NOTICE of Change of Address by Ian Heath Gershengorn (Gershengorn, Ian) (Entered: September 15, 2009)
September 16, 2009 Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 9/16/2009 re 12 MOTION to Dismiss filed by HILLARY RODHAM CLINTON. (Court Reporter Wendy Ricard.) (mpt, ) (Entered: September 16, 2009)
October 29, 2009 34 MEMORANDUM OPINION. Signed by Judge Karen LeCraft Henderson, Judge Reggie B. Walton, and Judge James Robertson on 10/29/2009 (lcrbw1). (Entered: October 29, 2009)
October 29, 2009 35 ORDER granting 12 Motion to Dismiss; denying 18 Motion for Summary Judgment. Per the attached order, the defendants' motion to dismiss is granted, and the plaintiff's cross-motion for summary judgment is denied. The case is now closed. Signed by Judge Karen LeCraft Henderson, Judge Reggie B. Walton, and Judge James Robertson on 10/29/2009 (lcrbw1). (Entered: October 29, 2009)
November 3, 2009 36 NOTICE OF APPEAL to the U.S. Supreme Court as to 35 Order on Motion to Dismiss, Order on Motion for Summary Judgment,, 34 Memorandum & Opinion by DAVID C. RODEARMEL. Filing fee $ 455, receipt number 00900000000002007126. Fee Status: Fee Paid. Parties have been notified. (Orfanedes, Paul) Modified text to include U.S. Supreme Court on 11/4/2009 (td, ). (Entered: November 3, 2009)
Docket Report Last Checked: November 20, 2009 08:35:06 PST
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Plaintiff: DAVID C. RODEARMEL
Represented By: Paul J. Orfanedes, James F. Peterson
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Defendant: HILLARY RODHAM CLINTON
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Defendant: U.S. DEPARTMENT OF STATE
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