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Case TitlePayne v. United States Department of Veterans Affairs et al
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2017cv03068
Date Filed2017-08-15
Date Closed2017-12-28
JudgeJudge Thomas W. Thrash, Jr
PlaintiffMarcus Sebastian Payne
Case DescriptionMarcus Payne, a disabled veteran, was involved in litigation with the Department of Veterans Affairs and the IRS. He requested information that would normally be available through a subpoena. When the agencies did not provide the records, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of Veterans Affairs ("VA")
DefendantUnited States Department of the Treasury, Internal Revenue Service ("IRS")
DefendantUnited States Equal Employment Opportunity Commission ("EEOC")
AppealEleventh Circuit 18-11139
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-151COMPLAINT with Jury Demand, filed by Marcus Sebastian Payne; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 95246.) (Attachments: # 1 Exhibits - Part 1, # 2 Exhibits - Part 2, # 3 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/16/2017)
2017-08-152Summons Issued as to U. S. Attorney, NDGA. (eop) (Entered: 08/16/2017)
2017-09-053MOTION for Extension of Time to File Answer with Brief In Support by United States Department of Veterans Affairs, United States Department of the Treasury, Internal Revenue Service, United States Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Williams, Melaine) (Entered: 09/05/2017)
2017-09-054NOTICE OF CITATION TO SUPPLEMENTAL AUTHORITY by Marcus Sebastian Payne (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 envelope)(jkl) (Entered: 09/07/2017)
2017-09-075ORDER GRANTING Defendants' 3 Motion for Extension of Time to Answer to 10/16/2017. Signed by Judge Thomas W. Thrash, Jr on 9/7/17. (jkl) (Entered: 09/07/2017)
2017-09-07Clerk's Certificate of Mailing as to Marcus Sebastian Payne re 5 Order on Motion for Extension of Time to Answer. (jkl) (Entered: 09/07/2017)
2017-09-086Return of Service Executed to USA by Marcus Sebastian Payne. (jkl) (Entered: 09/13/2017)
2017-10-167Second MOTION for Extension of Time to File Answer re 1 Complaint with Brief In Support by United States Department of Veterans Affairs, United States Department of the Treasury, Internal Revenue Service, United States Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Williams, Melaine) Modified on to edit motion type 10/17/2017 (btql). (Entered: 10/16/2017)
2017-10-178ORDER granting 7 Motion for Extension of Time to Answer, United States Department of Veterans Affairs Answer due 11/15/2017; United States Department of the Treasury, Internal Revenue Service Answer due 11/15/2017; United States Equal Employment Opportunity Commission Answer due 11/15/2017. Signed by Judge Thomas W. Thrash, Jr on 10/17/2017. (ss) (Entered: 10/17/2017)
2017-11-159Third MOTION for Extension of Time to File Answer with Brief In Support by United States Department of Veterans Affairs, United States Department of the Treasury, Internal Revenue Service, United States Equal Employment Opportunity Commission. (Williams, Melaine) (Entered: 11/15/2017)
2017-11-16Docket ORDER granting 9 Motion for Extension of Time to Answer, United States Department of Veterans Affairs Answer due 11/16/2017; United States Department of the Treasury, Internal Revenue Service Answer due 11/16/2017; United States Equal Employment Opportunity Commission Answer due 11/16/2017. At the direction of Judge Thomas W. Thrash, Jr on 11/16/2017. (ss) (Entered: 11/16/2017)
2017-11-1610MOTION to Dismiss Counts Two And Three (), MOTION for Summary Judgment Regarding Count One (), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts Two And Three () with Brief In Support by United States Department of Veterans Affairs, United States Department of the Treasury, Internal Revenue Service, United States Equal Employment Opportunity Commission. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Exhibit A (Declaration of Tracy Knight with Exhibits 1-21), # 4 Exhibit B (Declaration of Mary-Ellan Krcha), # 5 Exhibit C (Declaration of Douglas Bradshaw), # 6 Exhibit D (SORN Federal Register))(Williams, Melaine) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 11/16/2017)
2017-11-2111Clerk's Notice to Plaintiff to Respond to 10 MOTION to Dismiss Counts Two And Three , MOTION for Summary Judgment Regarding Count One , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts Two And Three (jkl) (Entered: 11/21/2017)
2017-11-21Clerk's Certificate of Mailing as to Marcus Sebastian Payne re Order on Motion for Extension of Time to Answer, 11 Clerk's Notice to Respond to Motion for Summary Judgment. (jkl) (Entered: 11/21/2017)
2017-11-2712Notice of Citation to Supplemental Authority and MOTION for (1) Limited Discovery (2) Taking of Judicial Estoppel (3) Judicial Notice (4) Preliminary Injunction (5) for an Evidentiary Hearing (6) and Rule 11(b) Sanctions by Marcus Sebastian Payne. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6, # 3 Exhibit 7-10, # 4 envelope)(jkl). (Entered: 11/29/2017)
2017-12-08Submission of 10 MOTION to Dismiss Counts Two And Three , MOTION for Summary Judgment Regarding Count One MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts Two And Three to District Judge Thomas W. Thrash. (jkl) (Entered: 12/08/2017)
2017-12-1113RESPONSE in Opposition re 12 MOTION for Discovery MOTION for Sanctions MOTION for Hearing MOTION for Preliminary Injunction filed by United States Department of Veterans Affairs, United States Department of the Treasury, Internal Revenue Service, United States Equal Employment Opportunity Commission. (Williams, Melaine) (Entered: 12/12/2017)
2017-12-1114PRO SE MOTION to Dismiss Count III with Prejudice by Marcus Sebastian Payne. (tcc) (Entered: 12/12/2017)
2017-12-2215REPLY BRIEF re 12 MOTION for Discovery MOTION for Sanctions MOTION for Hearing MOTION for Preliminary Injunction filed by Marcus Sebastian Payne. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Certificate of Service, # 4 Certificate of Compliance, # 5 envelope)(jkl) (Entered: 12/26/2017)
2017-12-26Submission of 12 MOTION for Discovery MOTION for Sanctions MOTION for Hearing MOTION for Preliminary Injunction to District Judge Thomas W. Thrash. (jkl) (Entered: 12/26/2017)
2017-12-2816ORDER:The Defendants' 10 Motion for Summary Judgment is GRANTED as to Count I. And the Defendants 10 Motion to Dismiss is GRANTED as to Counts II and III. The Plaintiff's 14 Motion to Dismiss Count III With Prejudice is GRANTED. Signed by Judge Thomas W. Thrash, Jr. on 12/28/17. (bnw) (Entered: 12/28/2017)
2017-12-2817CLERK'S JUDGMENT: This action is DISMISSED. (bnw)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Additional attachment(s) added on 12/28/2017: # 1 Corrected Judgment) (bnw). (Entered: 12/28/2017)
2017-12-28Notification of Docket Correction re 17 Clerk's Judgment. Clerk's error. Incorrect PDF Attached. Corrected Judgment now attached. (bnw) (Entered: 12/28/2017)
2017-12-28Clerks Certificate of Mailing as to Marcus Sebastian Payne re 16 Order and 17 Clerk's Judgment. (bnw) (Entered: 12/28/2017)
2017-12-28Civil Case Terminated. (bnw) (Entered: 12/28/2017)
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by FOIA Project Staff
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