| Date Filed | Doc # | Docket Text |
|
| 2015-03-18 | 1 | COMPLAINT against MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADULT PROTECTION SERVICES, US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by RITA NZINGOULA. Fee due by 3/20/2015. (Service of Process Deadline 7/16/2015) (Attachments: # 1 letter)(bfa) (Entered: 03/19/2015) |
| 2015-03-18 | 2 | CIVIL COVER SHEET. (bfa) (Entered: 03/19/2015) |
| 2015-03-18 | 3 | MOTION for Leave to Proceed in forma pauperis by RITA NZINGOULA (bfa) (Entered: 03/19/2015) |
| 2015-04-06 | 4 | LETTER by RITA NZINGOULA. (Attachments: # 1 Letter by Charles Watson, # 2 Personal Public Records Request)(mjlt) (Entered: 04/08/2015) |
| 2015-04-06 | 5 | MEMORANDUM by RITA NZINGOULA in support of 1 Complaint,,. (Attachments: # 1 Envelope)(mjlt) (Entered: 04/08/2015) |
| 2015-04-20 | 6 | ADDITIONAL ATTACHMENTS filed by RITA NZINGOULA re 1 Complaint. Main document- letter (Attachments: # 1 Exhibit, # 2 Envelope)(lrc) (Entered: 04/21/2015) |
| 2015-05-18 | 7 | MOTION for expedited ruling on the Motion to Proceed in Forma Pauperis by RITA NZINGOULA (lrc) (Entered: 05/19/2015) |
| 2015-05-28 | 8 | MOTION for Hearing re: Motion to Proceed in Forma Pauperis by RITA NZINGOULA (lrc) (Entered: 05/29/2015) |
| 2015-06-22 | 9 | Plaintiffs Six Month Statement Supporting In Forma Pauperis Application by RITA NZINGOULA. (Attachments: # 1 Town and Country Statement 1/1/15-1/31/15, # 2 Town and Country Statement 2/1/15-2/28/15, # 3 Town and Country Statement 3/1/15-3/31/15, # 4 Town and Country Statement 4/1/15-4/30/15, # 5 Town and Country Statement 5/1/15-5/31/15, # 6 Transactions from 6/1/15-6/19/15, # 7 Envelope)(lrc) (Entered: 06/23/2015) |
| 2015-07-13 | 10 | Motion for Order for Maine Department of Health and Human Services to Produce Personal Adult Protection Records from the Commissioner's Office by RITA NZINGOULA (Attachments: # 1 Cover Letter, # 2 State Court Motion to Proceed without Payment of Fees)(lrc) (Entered: 07/14/2015) |
| 2015-07-15 | 11 | ORDER granting 3 Motion for Leave to Proceed in forma pauperis; mooting 7 Motion for expedited ruling; mooting 8 Motion for Oral Argument/Hearing; mooting 10 Motion for Order for Maine DHHS records. A careful review of her Application persuades me that the plaintiff qualifies for in forma pauperis status, and her claims against the named defendants are not without merit on the face of the complaint. The clerk is ordered to initiate service of process upon the named defendants. This ruling renders moot ECF Numbers 7 and 8, the motions for expedited ruling on the Application and for a hearing on the Application. The plaintiff's motion for an order for Maine DHHS records is also moot because that relief is already requested in the plaintiff's complaint. The service of process will provide the named defendants with the necessary notice of the plaintiff's demand for relief presented in this action. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 07/15/2015) |
| 2015-07-16 | 12 | ORDER FOR SERVICE: The plaintiff is directed to provide the full name(s) and address(es) for the defendant(s). After the plaintiff has done so, the Clerk is directed to prepare the necessary documents for service via Certified Mail By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) (Entered: 07/16/2015) |
| 2015-07-20 | 13 | List of Defendant Addresses by RITA NZINGOULA. (Attachments: # 1 Envelope)(lrc) (Entered: 07/22/2015) |
| 2015-07-24 | 15 | Certification of Identity Filed by Rita Nzingoula (lrc) (Entered: 07/27/2015) |
| 2015-07-27 | 14 | NOTICE: The Court has completed its preliminary review and ordered the complaint to be served. Pursuant to the Agreement on Service between the Clerk of Court and the Maine Attorney General, this Notice constitutes service as directed by the Court. The Maine Attorney General shall file notice of acceptance or declination of acceptance of service within 30 days as to Defendant MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADULT PROTECTION SERVICES. (Deadline to File Acceptance or Declination of Acceptance of Service is 8/26/2015) (jgw) (Entered: 07/27/2015) |
| 2015-07-27 | 16 | Summons Issued as to US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons for Attorney General, # 2 Summons for United States Attorney)(lrc) (Entered: 07/27/2015) |
| 2015-07-27 | | Summons completed and mailed via certified mail return receipt along with a copy of the Complaint to US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (lrc) (Entered: 07/27/2015) |
| 2015-07-30 | 17 | AGREEMENT of Acceptance of Service by MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADULT PROTECTION SERVICES (HERMAN, SUSAN) (Entered: 07/30/2015) |
| 2015-07-30 | | Set Answer Deadline for MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADULT PROTECTION SERVICES per acceptance of service filed on 7/30/2015: Answer due by 9/25/2015. (lrc) (Entered: 07/30/2015) |
| 2015-07-31 | 18 | NOTICE of Appearance by WILLIAM D. HAGEDORN on behalf of MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADULT PROTECTION SERVICES (HAGEDORN, WILLIAM) (Entered: 07/31/2015) |
| 2015-08-03 | 19 | Certified Mail Service Returned by US Attorney for the District of Maine- served on 7/29/2015 as to US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT. (lrc) (Entered: 08/05/2015) |
| 2015-08-03 | | Set Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT - the United States Attorney for the District of Maine was served on 7/29/2015: Answer due by 9/28/2015. (lrc) (Entered: 08/05/2015) |
| 2015-08-10 | 20 | Certified Mail Service Returned by US Department of Homeland Security on 8/5/2015 as to US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT. (lrc) (Entered: 08/12/2015) |
| 2015-08-10 | 21 | Certified Mail Service Returned by Attorney General on 8/6/2015 as to US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT. (lrc) (Entered: 08/12/2015) |
| 2015-08-26 | 22 | MOTION to Dismiss for Lack of Jurisdiction by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT Responses due by 9/16/2015. (Attachments: # 1 Eggleston Declaration, # 2 SEALED Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Exhibit C to Declaration, # 5 Exhibit D to Declaration)(SAWYER, SHEILA) Modified on 8/28/2015 to seal attachment 2 per order #25 (mlm). (Entered: 08/26/2015) |
| 2015-08-27 | 23 | (Document sealed from public view) MOTION to Seal Exhibit A to the Motion to Dismiss for Lack of Jurisdiction (ECF No. 22-2) by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT Responses due by 9/17/2015. (SAWYER, SHEILA) Modified on 8/27/2015 to remove ME HHS as a filer (jgw). (Entered: 08/27/2015) |
| 2015-08-27 | | NOTICE of Docket Entry Modification regarding 23 (Document sealed from public view) MOTION to Seal Exhibit A to the Motion to Dismiss for Lack of Jurisdiction (ECF No. 22-2) : This entry has been modified to remove MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADULT PROTECTION SERVICES as a filer. (jgw) (Entered: 08/27/2015) |
| 2015-08-27 | 24 | REDACTED Document re 22 MOTION to Dismiss for Lack of Jurisdiction Redacted Exhibit A by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT. (SAWYER, SHEILA) (Entered: 08/27/2015) |
| 2015-08-28 | 25 | ORDER granting 23 Motion to Seal. ECF No. 22-2 shall be sealed because it contains personal identifier information; a public, redacted version of the exhibit has been filed as ECF No. 24. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 08/28/2015) |
| 2015-09-01 | 26 | RESPONSE to Motion re 22 MOTION to Dismiss for Lack of Jurisdiction filed by RITA NZINGOULA (titled Plaintiff's Motion Contesting AUSA's Motion to Dismiss). Reply due by 9/15/2015. (Attachments: # 1 Cover letter)(jgw) (Entered: 09/01/2015) |
| 2015-09-01 | 27 | MOTION for Oral Argument/Hearing, MOTION to Appoint Counsel, MOTION for French Interpreter, Responses due by 9/22/2015. (No PDF attached. See PDF document 26 ) by RITA NZINGOULA (jgw) (Entered: 09/02/2015) |
| 2015-09-09 | 28 | WITHDRAWAL of : 22 MOTION to Dismiss for Lack of Jurisdiction by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT . (SAWYER, SHEILA) (Entered: 09/09/2015) |
| 2015-09-09 | 29 | NOTICE of Intent to File Summary Judgment Motion and Need for Pre-Filing Conference per Local Rule 56(h) by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT (SAWYER, SHEILA) (Entered: 09/09/2015) |
| 2015-09-09 | | Reset Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT- Motion to Dismiss was Withdrawn by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT (see ECF No. 28). therefore the Answer deadline has been reset to 9/28/2015 which is the original deadline set on 8/3/2015. (lrc) (Entered: 09/10/2015) |
| 2015-09-15 | 30 | RESPONSE in Opposition re 27 MOTION for Oral Argument/Hearing MOTION to Appoint Counsel MOTION for French Interpreter filed by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT. Reply due by 9/29/2015. (SAWYER, SHEILA) (Entered: 09/15/2015) |
| 2015-09-18 | 31 | ANSWER to 1 Complaint,, by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT.(SAWYER, SHEILA) (Entered: 09/18/2015) |
| 2015-09-21 | 32 | CORRECTED CERTIFICATE OF SERVICE by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT re 31 Answer to Complaint (SAWYER, SHEILA) Modified on 9/22/2015 to clarify docket text (lrc). (Entered: 09/21/2015) |
| 2015-09-24 | 33 | MOTION to Dismiss for Lack of Jurisdiction by MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADULT PROTECTION SERVICES Responses due by 10/15/2015. (HAGEDORN, WILLIAM) (Entered: 09/24/2015) |
| 2015-10-22 | 34 | ORDER ON PLAINTIFFS MOTIONS FOR A HEARING, APPOINTMENT OF COUNSEL, AND A FRENCH INTERPRETER ORDER mooting 27 Motion for Oral Argument; denying 27 Motion to Appoint Counsel ; denying 27 Motion for Interpreter By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) (Entered: 10/22/2015) |
| 2015-10-22 | | Reset Deadlines as to 33 MOTION to Dismiss for Lack of Jurisdiction - pursuant to the ORDER ON PLAINTIFFS MOTIONS FOR A HEARING, APPOINTMENT OF COUNSEL, AND A FRENCH INTERPRETER entered on 10/22/2015: Responses due by 11/5/2015. (lrc) (Entered: 10/23/2015) |
| 2015-10-23 | 35 | MOTION to be Excused from Rule 56(h) Conference by MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADULT PROTECTION SERVICES Responses due by 11/13/2015. (HAGEDORN, WILLIAM) (Entered: 10/23/2015) |
| 2015-10-26 | 36 | ORDER granting 35 Maine Department of Health and Human Services' Motion to be excused from Local Rule 56(h) conference. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 10/26/2015) |
| 2015-10-26 | 37 | PROCEDURAL ORDER Re Local Rule 56(h): Pre-Filing Conference Memo due by 11/2/2015. Local Rule 56(h) Pre-Filing Conference set for 12/1/2015 09:00 AM in Magistrate Judge Rich's Chambers before MAGISTRATE JUDGE JOHN H. RICH III. By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) (Entered: 10/26/2015) |
| 2015-10-29 | 38 | MOTION to Appoint Counsel and Motion for Enlargement of Time by RITA NZINGOULA (lrc). Added MOTION to Extend Time on 10/30/2015 (lrc). (Entered: 10/30/2015) |
| 2015-10-30 | 41 | **STRICKEN PER ORDER NO. 43**Plaintiff's Opposition to Defendant, U.S. Department of Homeland Security Immigration Department's Anticipated Motion for Summary Judgment by RITA NZINGOULA. (lrc) Modified on 11/4/2015 to change event from brief to motion (lrc). Modified on 11/16/2015 to reflect that this filing is stricken per order no. 43(lrc). (Entered: 11/04/2015) |
| 2015-11-02 | 39 | LOCAL RULE 56(h) Pre-Conference Filing Memorandum by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT. (SAWYER, SHEILA) (Entered: 11/02/2015) |
| 2015-11-04 | 40 | ORDER denying 38 Motion to Appoint Counsel; mooting 38 Motion to Extend Time. This court has no power to order the ACLU of Maine or the Cumberland Legal Aid Clinic of the University of Maine School of Law to represent any litigant in this court. The plaintiff's associated request for a delay of 30 days in order for any such representative to enter an appearance is accordingly MOOT and, in any event, unnecessary as the Local Rule 56(h) conference, the next event in this action, is scheduled for December 1, 2015 (ECF No. 37), more than 30 days from the date on which this motion was filed. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 11/04/2015) |
| 2015-11-13 | 42 | MOTION to Continue Local Rule 56(h) Pre-Filing Conference by RITA NZINGOULA Responses due by 12/4/2015. (lrc) (Entered: 11/13/2015) |
| 2015-11-16 | 43 | ORDER striking without prejudice 41 Opposition to Defendant's Motion for Summary Judgment. The plaintiff's opposition to the defendant DHS's anticipated motion for summary judgment is premature because the DHS has not yet filed its motion. Accordingly, the plaintiff's opposition is stricken; the plaintiff will be granted leave to file her opposition following the pre-filing conference scheduled at 9 a.m. on December 1, 2015, pursuant to Local Rule 56(h). See ECF No. 37. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 11/16/2015) |
| 2015-11-23 | 44 | RESPONSE in Opposition re 42 MOTION to Continue Local Rule 56(h) Conference filed by US DEPARTMENT OF HOMELAND SECURITY IMMIGRATION DEPARTMENT. Reply due by 12/7/2015. (SAWYER, SHEILA) (Entered: 11/23/2015) |
| 2015-11-25 | 45 | ORDER denying 42 Motion to Continue Local Rule 56(h) conference. The plaintiff's request for what is essentially a six-month stay of this action, which she filed in March 2015, in order to allow her to seek a lawyer to represent her at the conference scheduled to be held on December 1, 2015, under this court's Local Rule 56(h), to set deadlines for, and discuss details of, the court's handling of the federal defendant's anticipated motion for summary judgment, is not reasonable. The plaintiff asserts that she will be unable to represent herself at this conference, but she has had ample time to obtain counsel, has provided no basis to believe that she could secure counsel even in the extremely lengthy time requested, has represented herself adequately to date in this action, and has demonstrated no reason why she cannot deal with, as non-movant, the primarily procedural matters that are the subject matter of such a conference. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 11/25/2015) |
| 2015-12-01 | 46 | Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Local Rule 56 Pre-Filing Conference held. (Court Reporter: Lori Dunbar) (nrg) (Entered: 12/01/2015) |
| 2015-12-01 | 47 | REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56(h) By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) (Entered: 12/02/2015) |
| 2015-12-01 | | Set Deadlines pursuant to the REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56(h) entered on 12/1/2015: Stipulated Record due by 1/27/2016. Motions for Summary Judgment due by 1/27/2016. (lrc) (Entered: 12/02/2015) |
| 2015-12-07 | 48 | MOTION to Dismiss All Claims Against The Department of Homeland Security by RITA NZINGOULA Responses due by 12/28/2015. (Attachments: # 1 Envelope)(nwd) (Entered: 12/08/2015) |
| 2015-12-07 | 49 | **STRICKEN PER ORDER NO. 55**RESPONSE in Opposition re 33 MOTION to Dismiss for Lack of Jurisdiction filed by RITA NZINGOULA. Reply due by 12/21/2015. (Attachments: # 1 Fax Freedom of Access Request to Scott Perkins, # 2 Envelope)(nwd) Modified on 12/30/2015 to reflect that this filing is stricken per order no. 55(lrc). (Entered: 12/08/2015) |
| 2015-12-10 | 50 | ORDER granting 48 Motion to Dismiss All Claims Against The Department of Homeland Security. By JUDGE GEORGE Z. SINGAL. (nwd) (Entered: 12/10/2015) |
| 2015-12-21 | 51 | REPLY to Response to Motion re 33 MOTION to Dismiss for Lack of Jurisdiction filed by MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADULT PROTECTION SERVICES. (HAGEDORN, WILLIAM) (Entered: 12/21/2015) |
| 2015-12-21 | 52 | MOTION Compelling Defendants for the Production of any and all Adult Protection Records Purposely Withheld by the Defendants by RITA NZINGOULA Responses due by 1/11/2016. (lrc) (Entered: 12/22/2015) |
| 2015-12-21 | 53 | **STRICKEN PER ORDER NOS. 55 AND 56**MOTION Contesting Defendants Motion to Dismiss Based on Lack of Subject Matter Jurisdiction by RITA NZINGOULA Responses due by 1/11/2016. (lrc) Modified on 12/30/2015 to reflect that this motion is stricken per orders 55 and 56 (lrc). (Entered: 12/22/2015) |
| 2015-12-21 | 54 | MOTION for Oral Argument/Hearing on MOTION Compelling Defendants for the Production of any and all Adult Protection Records Purposely Withheld by the Defendants and Motion Contesting Defendants Motion to Dismiss Based on Lack of Subject Matter Jurisdiction by RITA NZINGOULA (Attachments: # 1 Envelope)(lrc) (Entered: 12/22/2015) |
| 2015-12-30 | 55 | RECOMMENDED DECISION ON MOTION TO DISMISS 33 MOTION to Dismiss for Lack of Jurisdiction and 52 MOTION Compelling Defendants for the Production of any and all Adult Protection Records Purposely Withheld by the Defendants Objections to R&R due by 1/19/2016 By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) (Entered: 12/30/2015) |
| 2015-12-30 | 56 | ORDER striking 53 MOTION Contesting Defendants Motion to Dismiss Based on Lack of Subject Matter Jurisdiction. No PDF document is attached to this entry. To view the Order, see Report and Recommended Decision (ECF No. 55) entered on 12/30/2015. By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) (Entered: 12/30/2015) |
| 2015-12-30 | 57 | ORDER denying 54 Motion for Oral Argument/Hearing. No PDF document is attached to this entry. To view the Order, see Report and Recommended Decision No. 55 entered on 12/30/2015. By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) (Entered: 12/30/2015) |
| 2015-12-30 | 58 | Plaintiff's Rebuttal to Defendant's Reply re 51 Reply to Response to Motion by RITA NZINGOULA. (Attachments: # 1 Cover Letter, # 2 Envelope)(lrc) (Entered: 12/30/2015) |
| 2016-01-06 | 59 | Plaintiff's Response to Report and Recommended Decision re 55 Report and Recommended Decision,. filed by RITA NZINGOULA. Response to Objection to Report and Recommendations due by 1/25/2016. (Attachments: # 1 Envelope)(dfr) (Entered: 01/07/2016) |
| 2016-02-11 | 60 | ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE -granting 33 Motion to Dismiss for Lack of Jurisdiction; denying 52 Motion Compelling Defendants for the Production of any and all Adult Protection Records Purposely Withheld by the Defendants ; adopting Report and Recommended Decision re 55 Report and Recommendations. By JUDGE GEORGE Z. SINGAL. (mjlt) (Entered: 02/11/2016) |
| 2016-02-11 | 61 | JUDGMENT It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By DEPUTY CLERK:M. Thibodeau. (mjlt) (Entered: 02/11/2016) |
 Hide Docket Events |
