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Case TitleConley v. The United States et al
DistrictSouthern District of Ohio
CityColumbus
Case Number2:2010cv00444
Date Filed2010-05-19
Date Closed2012-08-20
JudgeJudge Edmund A Sargus
PlaintiffNeil J Conley
DefendantThe United States
DefendantU.S. Department of Defense
DefendantU.S. Army
DefendantJohn McHugh Secretary of the Army
DefendantU.S. Department of State
DefendantPhilip J McGuire in his official capacity as Director, USACRC
AppealSixth Circuit 12-4259
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Opinion/Order [38]
Opinion/Order [70]
Opinion/Order [78]
Opinion/Order [79]
Opinion/Order [80]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-05-191Civil cover sheet. (er1) (Entered: 05/20/2010)
2010-05-192COMPLAINT filed by Neil J Conley against The United States, U.S. Department of Defense, U.S. Army, John McHugh, U.S. Department of State and Philip J. McGuire. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-9, # 3 Exhibit 10, # 4 Exhibit 11-14, # 5 Exhibit 15-21, # 6 Exhibit 22-26, # 7 Exhibit 27-28, # 8 Exhibit 29-34, # 9 Exhibit 35-38, # 10 Exhibit 39, # 11 Exhibit 40-45, # 12 Exhibit 46-50, # 13 Exhibit 51-57, # 14 Exhibit 58-60, # 15 Exhibit 61-80, # 16 Exhibit 81-106) (er1) (Entered: 05/20/2010)
2010-05-19Filing fee for cv case: $ 350, receipt number 200COL012541. (er1) (Entered: 05/20/2010)
2010-05-203Summons Issued as to Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State, U.S. Attorney and U.S. Attorney General. (er1) (Entered: 05/21/2010)
2010-05-214CERTIFICATE of Mailing by Clerk: A copy of the complaint and summons issued were sent to all named defendants via certified mail. (er1) (Entered: 05/21/2010)
2010-05-255SUMMONS Returned Executed on Defendant The United States c/o US Attorney. The United States c/o US Attorney served on 5/24/2010, answer due 7/23/2010. (rew) (Entered: 05/26/2010)
2010-05-276SUMMONS Returned Executed on Defendant Philip J McGuire. Philip J McGuire served on 5/28/2010, answer due 7/27/2010. (rew) Modified answer due date on 6/14/2010- defendant has 60 days to respond (er1). (Entered: 06/02/2010)
2010-06-107SUMMONS Returned Executed on Defendant John McHugh. John McHugh served on 6/1/2010, answer due 8/2/2010. (Attachments: # 1 Certified Mail Receipt Return, # 2 Exhibit) (rew) Modified answer due date on 6/14/2010- defendant has 60 days to respond (er1). (Entered: 06/14/2010)
2010-06-148MOTION for Summary Judgment by Plaintiff Neil J Conley. Responses due by 7/9/2010. (Attachments: # 1 Exhibit 1) (er1) (Entered: 06/14/2010)
2010-06-309Consent MOTION for Extension of Time to File Response/Reply as to 2 Complaint,, New date requested 8/2/2010. by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State. (D'Alessandro, Mark) (Entered: 06/30/2010)
2010-06-3010ORDER granting 9 Unopposed MOTION to Respond to 2 Complaint by 8/2/2010. Signed by Magistrate Judge Norah McCann King on 6/30/2010. (er1) (Entered: 06/30/2010)
2010-07-0211SUMMONS Returned Executed as to Defendant The United States c/o U.S. Attorney General; served on 6/29/2010, answer due 8/30/2010. (er1) (Entered: 07/02/2010)
2010-07-0812NOTICE of Appearance by Bethany J Hamilton for Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State (Hamilton, Bethany) (Entered: 07/08/2010)
2010-07-1513MOTION to Amend Complaint by Plaintiff Neil J Conley. (Attachments: # 1 Amended Complaint, # 2 Appendix) (3) manually filed CD (rew) (Entered: 07/16/2010)
2010-07-1614MOTION for Summary Judgment by Plaintiff Neil J Conley. Responses due by 8/9/2010 (Attachments: # 1 Exhibit) (rew) (Entered: 07/16/2010)
2010-07-2715Plaintiffs submission of Order form and request for explanation by Plaintiff Neil J Conley. (Attachments: # 1 Text of Proposed Order) (rew) (Entered: 07/28/2010)
2010-07-2916ORDER granting 13 Motion to Amend Complaint. Signed by Magistrate Judge Norah McCann King on 7/29/10. (rew) (Entered: 07/29/2010)
2010-07-2917AMENDED COMPLAINT against Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State, filed by Neil J Conley. (rew) (Entered: 07/29/2010)
2010-07-29Order 16 and Amended Complaint 17 mailed to Neil J. Conley By certified mail # 7009 2820 0003 5799 6759 and regular mail. (rew) (Entered: 07/29/2010)
2010-08-0218MOTION to Seal Document Declaration of Phillip J. McGuire by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State. (Attachments: # 1 Exhibit 1) (D'Alessandro, Mark) (Entered: 08/02/2010)
2010-08-0219ORDER granting 18 Motion to Seal Document. The Declaration of Phillip J. McGuire and the attachment are ORDERED SEALED. Signed by Magistrate Judge Norah McCann King on 8/02/10. (rew) (Entered: 08/02/2010)
2010-08-0220MOTION to Dismiss by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State. Responses due by 8/26/2010 (Attachments: # 1 Exhibit A - Declaration of Jeffrey W. Culver, # 2 Exhibit B - Redacted Declaration of Philip J. McGuire, # 3 Exhibit C - Army Regulation 213-3 (Chapters 7 and 8), # 4 Exhibit D - AFRC Handbook for U.S. Employees) (Hamilton, Bethany) (Entered: 08/02/2010)
2010-08-0221ACKNOWLEDGMENT OF SERVICE Executed on 7/31/10 as to 16 Order on Motion to Amend/Correct mailed to Neil J. Conley by certified mail # 7009 2820 0003 5799 6759. (rew) (Entered: 08/03/2010)
2010-08-0322Sealed Document: Declaration of Philip J. McGuire filed by the Defendants. (er1) (Entered: 08/04/2010)
2010-08-2023RESPONSE in Opposition re 20 MOTION to Dismiss filed by Plaintiff Neil J Conley. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit Memorandum In Opposition) (rew) (Entered: 08/23/2010)
2010-08-2024CERTIFICATE OF SERVICE on the 23 Response in Opposition to Motion by Plaintiff Neil J Conley. (rew) (Entered: 08/23/2010)
2010-08-2325RESPONSE in Opposition re 14 MOTION for Summary Judgment and Defendants' Cross Motion for Summary Judgment filed by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State. (Hamilton, Bethany) (Entered: 08/23/2010)
2010-09-0226REPLY to Response to Motion re 14 MOTION for Summary Judgment filed by Plaintiff Neil J Conley. (Attachments: # 1 Exhibit) (rew) (Entered: 09/03/2010)
2010-09-0327MOTION for Sanctions and CERTIFICATE OF SERVICE on Plaintiff of Motion for Sanctions against Defendant and Defendant Attorneys by Plaintiff Neil J Conley. (rew) Modified on 9/7/2010 to correct text (jr1). (Entered: 09/03/2010)
2010-09-0328REPLY to Response to Motion re 20 MOTION to Dismiss filed by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State. (Attachments: # 1 Exhibit E, # 2 Exhibit F) (Hamilton, Bethany) (Entered: 09/03/2010)
2010-09-1029RESPONSE in Opposition re 27 MOTION for Sanctions filed by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State. (D'Alessandro, Mark) (Entered: 09/10/2010)
2010-09-1330Plainitiff's Memorandum in Opposition to defendants' cross MOTION for Summary Judgment re 14 filed by Plaintiff Neil J Conley. (Attachments: # 1 Certificate of Service) (rew) (Entered: 09/14/2010)
2010-09-2431REPLY to 29 Response to 27 MOTION for Sanctions filed by Plaintiff Neil J Conley. (jcw) Modified text and created link on 9/28/2010 (er1). (Entered: 09/24/2010)
2010-09-2432CERTIFICATE OF SERVICE by Plaintiff Neil J Conley re 31 Reply to Response to Motion. (jcw) (Entered: 09/24/2010)
2010-09-2733REPLY to Response to Motion re 25 MOTION for Summary Judgment filed by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State. (Attachments: # 1 Exhibit G-AR 190-45, # 2 Exhibit H-DOD Instruction) (Hamilton, Bethany) (Entered: 09/27/2010)
2011-03-1734Plaintiffs Rule 56(d) Motion For Continuance And Plaintiff's Affidavit Document Requests and Interrogatories Pursuant To His Motions by Plaintiff Neil J Conley. (rew) (Entered: 03/17/2011)
2011-03-1735MOTION For Information And Submission Of Interrogatories Pursuant To His Rule 56 (d) Motion For A Continuance To Pursue Limited Discovery To Oppose Defendants Cross-Motion For Summary Judgment by Plaintiff Neil J Conley. (rew) (Entered: 03/17/2011)
2011-03-1736CERTIFICATE OF SERVICE For Rule 56(d) re 34 MOTION to Continue, 35 MOTION Motion And Plaintiffs Affidavit And Discovery Requests Pursuant to This Motion by Plaintiff filed by Neil J Conley. (rew1) (Entered: 03/17/2011)
2011-03-2137MOTION to Supplement the Record by Plaintiff Neil J Conley. (kjm1) (Entered: 03/21/2011)
2011-03-3138OPINION AND ORDER granting in part and denying in part 20 Defendants' Motion to Dismiss Plaintiff's Amended Complaint. Counts I through V and VII and IX of the Amended Complaint are dismissed. Count VI and Count VIII are dismissed in part. The Department of State is dismissed as a defendant in this case. Plaintiff's Motion for Sanctions 27 is denied. The Parties' respective motions for summary judgment 8 14 25 are dismissed without prejudice. This case shall be scheduled for a status conference within the next 30 days. Signed by Judge Edmund A Sargus on 03/31/2011. (dh1) (Entered: 03/31/2011)
2011-04-0139NOTICE of Hearing: Status Conference set for 4/14/2011 @ 01:30 PM in chambers before Magistrate Judge Norah McCann King. (jm1) (Entered: 04/01/2011)
2011-04-0440RESPONSE in Opposition re 34 MOTION to Continue, 37 MOTION for Leave to File, 35 MOTION Rule 56(d) Motion and Motion to Supplement Record filed by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense, U.S. Department of State. (Hamilton, Bethany) (Entered: 04/04/2011)
2011-04-1441PRELIMINARY PRETRIAL ORDER: Defendant will produce the administrative record to plaintiff by May 15, 2011. The administrative record will be filed no later than A ugust 15, 2011. Discovery due by 7/15/2011. Dispositive motions due by 8/15/2011. Final Pretrial Conference in 12/2011. Signed by Magistrate Judge Norah McCann King on 4/14/11. (rew) (Entered: 04/14/2011)
2011-04-1542ORDER denying 34 Motion to Continue; denying 35 Motion ; denying 37 Motion for Leave to File. Signed by Magistrate Judge Norah McCann King on 4/15/11. (rew) (Entered: 04/15/2011)
2011-04-1543Plaintiff Reply To Defendants Opposition To Plaintiff's Rule 56(d) Motion and Plaintiffs Motion To Supplement The Record re 37 MOTION for Leave to File, 35 MOTION filed by Plaintiff Neil J Conley. (rew) (Entered: 04/15/2011)
2011-04-1544CERTIFICATE OF SERVICE re 43 Reply to Response to Motion by Plaintiff Neil J Conley (rew1) (Entered: 04/15/2011)
2011-04-2045ANSWER to 17 Amended Complaint filed by Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense. (Hamilton, Bethany) (Entered: 04/20/2011)
2011-05-0946MOTION to Clarify 38 Order on Motion for Summary Judgment filed by Plaintiff Neil J Conley. (jcw1) (Entered: 05/09/2011)
2011-05-0947INTERROGATORIES Propounded to Philip J McGuire by Plaintiff Neil J Conley. (jcw1) (Entered: 05/09/2011)
2011-06-0748ORDER issued in response to 46 Plaintiff's Motion for Clarification. As represented by Magistrate Judge King, the Court's Opinion and Order 38 , dated 03/31/2011, is not an appealable final judgment, consistent with Fed. R. Civ. P. 54(b). Signed by Judge Edmund A Sargus on 06/07/2011. (dh1) (Entered: 06/07/2011)
2011-07-0549NOTICE of Change of Contact Information by Plaintiff Neil J Conley. (rew) (Entered: 07/05/2011)
2011-07-0550MOTION to compel discovery by Plaintiff Neil J Conley. (rew) (Entered: 07/05/2011)
2011-07-0551CERTIFICATE OF SERVICE for motion to compel discovery 50 by Plaintiff Neil J Conley. (rew) (Entered: 07/05/2011)
2011-07-1952RESPONSE in Opposition re 50 MOTION to Compel filed by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense. (Hamilton, Bethany) (Entered: 07/19/2011)
2011-08-0553REPLY to Response to Motion re 50 MOTION to Compel filed by Plaintiff Neil J Conley. (Attachments: # 1 Exhibit 1) (sr) (Entered: 08/08/2011)
2011-08-0554CERTIFICATE OF SERVICE For Plaintiff's Reply To Compel Discovery filed by Neil J Conley. (sr) (Entered: 08/08/2011)
2011-08-1255NOTICE of Filing Administrative Record by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army and U.S. Department of Defense. (Attachments: # 1 Administrative Record) (Hamilton, Bethany) Modified on 8/15/2011 (er1). (Entered: 08/12/2011)
2011-08-1556MOTION for Summary Judgment on Remaining Counts of Plaintiff's Amended Complaint by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense. Responses due by 9/9/2011 (Attachments: # 1 Exhibit A - Declaration of Susan Cugler) (Hamilton, Bethany) (Entered: 08/15/2011)
2011-08-1557MOTION for Summary Judgment by Plaintiff Neil J Conley. Responses due by 9/9/2011 (rew) (Entered: 08/16/2011)
2011-09-0658RESPONSE in Opposition re 56 MOTION for Summary Judgment on Remaining Counts of Plaintiff's Amended Complaint filed by Plaintiff Neil J Conley. (rew) (Entered: 09/07/2011)
2011-09-0959RESPONSE in Opposition re 57 MOTION for Summary Judgment filed by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense. (Hamilton, Bethany) (Entered: 09/09/2011)
2011-09-2060REPLY to Response to Motion re 56 MOTION for Summary Judgment on Remaining Counts of Plaintiff's Amended Complaint filed by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense. (Hamilton, Bethany) (Entered: 09/20/2011)
2011-09-2061AMENDED DOCUMENT by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense. Amendment to 60 Reply to Response to Motion, Amended to Add Attached Declaration . (Attachments: # 1 Exhibit B - Declaration of Jodi Familo) (Hamilton, Bethany) (Entered: 09/20/2011)
2011-09-2362REPLY to Response to Motion re 57 MOTION for Summary Judgment filed by Plaintiff Neil J Conley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (sr) (Entered: 09/23/2011)
2011-09-2363CERTIFICATE OF SERVICE For Plaintiff's Reply To Defendants' Memorandum In Opposition filed by Plaintiff Neil J Conley (sr) (Entered: 09/23/2011)
2011-09-2964MOTION For The Court To Address His Request For Relief Under The Administrative Procedure Act filed by Plaintiff Neil J Conley. (sr) (Entered: 09/29/2011)
2011-09-2965CERTIFICATE OF SERVICE For Plaintiff's Motion For The Court To Address His Requests For Relief Under The Administrative Procedure Act filed by Plaintiff Neil J Conley. (sr) (Entered: 09/29/2011)
2011-10-2066RESPONSE in Opposition re 64 MOTION For The Court To Address His Request For Relief Under The Administrative Procedure Act filed by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense. (Hamilton, Bethany) (Entered: 10/20/2011)
2011-11-0367MOTION for summary judgment addendum to address administrative procedure act claims brought in count vi of his amended complaint by Plaintiff Neil J Conley. Responses due by 11/28/2011 (rew) Modified on 11/7/2011 to correct typo (jr1). (Entered: 11/04/2011)
2011-11-0368REPLY to Response to Motion re 64 MOTION For The Court To Address His Request For Relief Under The Administrative Procedure Act filed by Plaintiff Neil J Conley. (rew) (Entered: 11/04/2011)
2011-11-0369CERTIFICATE OF SERVICE by Plaintiff Neil J Conley (rew) (Entered: 11/04/2011)
2011-11-0470OPINION AND ORDER denying 50 MOTION to Compel filed by Neil J Conley. Signed by Magistrate Judge Norah McCann King on 11/04/11. (rew) (Entered: 11/07/2011)
2011-11-2571MOTION to Strike 67 MOTION for Summary Judgment by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense. (Hamilton, Bethany) (Entered: 11/25/2011)
2011-12-0972NOTICE to the clerk and the court to send plaintiff copies of documents pertaining to the case re 70 Order by Plaintiff Neil J Conley. (rew) (Entered: 12/12/2011)
2011-12-0973REPLY to defendants re 67 MOTION for addendum to his motion for summary judgment filed by Plaintiff Neil J Conley. (rew) (Entered: 12/12/2011)
2012-01-2074OPINION and ORDER granting in part and denying in part Defendant's 56 Motion for Summary Judgment; granting in part and denying in part Plaintiff's 57 Motion for Summary Judgment. Signed by Judge Edmund A Sargus on 1/20/12. (aq1) (Entered: 01/20/2012)
2012-01-20Copy of Opinion and Order (Doc.#74) sent via regular mail to Neil J Conley,1900 S. Eads Street Apt 928, Arlington, VA 22202 (also sent is another copy, Doc.#70, per Plaintiff's request, doc.#72) (aq1) (Entered: 01/20/2012)
2012-03-1475MOTION to correct factual error made by court by Plaintiff Neil J Conley. (rew) (Entered: 03/14/2012)
2012-03-1476MOTION to expedite request for information by Plaintiff Neil J Conley. (rew) (Entered: 03/14/2012)
2012-03-1577NOTICE by Defendants Philip J McGuire, John McHugh, The United States, U.S. Army, U.S. Department of Defense Notice of Compliance with Court's Order Regarding Amending Military Police Report (Hamilton, Bethany) (Entered: 03/15/2012)
2012-08-2078OPINION AND ORDER denying 64 Plaintiff's Motion for the Court to Address his Request for Relief Under the Administrative Procedure Act; denying as moot 67 Plaintiff's Motion for Summary Judgment Addendum; denying as moot 71 Defendants' Motion to Strike Plaintiff's Motion for Summary Judgment Addendum; denying as moot 76 Plaintiff's Motion to Expedite Request for Information and granting 75 Plaintiff's Motion to Correct Factual Error Made by Court. The Court directs the Clerk to docket the forthcoming Nunc Pro Tunc Order and then enter Final Judgment in accordance with this Opinion and Order and the Court's 01/20/2012 Opinion and Order. Signed by Judge Edmund A Sargus on 08/20/2012. (dh1) (Entered: 08/20/2012)
2012-08-2079NUNC PRO TUNC Order: On 01/20/2012, the Court issued an Opinion and Order 74 that contained a scrivener's error. The reference to ".07%" in footnote one on page six should have read ".03%.". Signed by Judge Edmund A Sargus on 08/20/2012. (dh1) (Entered: 08/20/2012)
2012-08-2080JUDGMENT is entered pursuant to the Opinion and Order filed August 20, 2012 and the Court's January 20, 2012 Opinion and Order. This case is closed. (dh1) (Entered: 08/20/2012)
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