| Date Filed | Doc # | Docket Text |
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| 2024-07-02 | 1 | Complaint ( Filing fee $ 405, receipt number AVAEDC-9611205.), filed by Claire G. Gastanaga. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Hurd, William) (Main Document 1 and Civil Cover Sheet 2 replaced on 7/3/2024) (Kski, ). (Entered: 07/02/2024) |
| 2024-07-02 | 2 | Proposed Summons to U.S. Dept. of Health and Human Services, Attorney General, and Office of the U.S. Attorney by Claire G. Gastanaga (Hurd, William) (Main Document 2 replaced on 7/3/2024) (Kski) (Entered: 07/02/2024) |
| 2024-07-02 | | Initial Case Assignment to District Judge Roderick C. Young. (Kski, ) (Entered: 07/02/2024) |
| 2024-07-02 | | Notice of Correction: Filing attorney notified that all documents must be e-signed and uploaded in standard pdf format. Clerk will correct ECF's 1 and 2 when the corrected documents are received. Attorney also reminded to filed proposed summons for both the USAG as well as the US Attorney. (Kski, ) (Entered: 07/02/2024) |
| 2024-07-03 | 3 | PLEASE DISREGARD, DOCKETED IN ERROR, CORRECT SUMMONS TO ISSUE Summons Issued. NOTICE TO ATTORNEY Please remove the headers and print two duplex copies of the Electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention. Electronically file the summons return using the filing events Summons Returned Executed or Summons Returned Unexecuted. Please ensure that the original summons page signed by the clerk is the first document to appear when filing the return of service. (Kski, ) Modified on 7/3/2024 (Kski, ). (Entered: 07/03/2024) |
| 2024-07-03 | 4 | Summons Issued as to U.S. Department of Health and Human Services, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Kski, ) (Entered: 07/03/2024) |
| 2024-07-09 | 5 | NOTICE of Appearance by Jonathan Tyler Lucier on behalf of U.S. Department of Health and Human Services (Lucier, Jonathan) (Entered: 07/09/2024) |
| 2024-07-09 | 6 | Certificate Reporting Service by U.S. Department of Health and Human Services. U.S. Department of Health and Human Services served on 7/3/2024, answer due 9/3/2024. (Lucier, Jonathan) (Entered: 07/09/2024) |
| 2024-07-31 | 7 | Consent MOTION for Extension of Time to File Responsive Pleadings by U.S. Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Lucier, Jonathan) (Entered: 07/31/2024) |
| 2024-07-31 | 8 | NOTICE by U.S. Department of Health and Human Services re 6 Certificate Reporting Service, 5 Notice of Appearance re Corrected Filings (Lucier, Jonathan) (Entered: 07/31/2024) |
| 2024-07-31 | 9 | NOTICE of Appearance by Jonathan Tyler Lucier on behalf of U.S. Department of Health and Human Services (Lucier, Jonathan) (Entered: 07/31/2024) |
| 2024-07-31 | 10 | Certificate Reporting Service by U.S. Department of Health and Human Services. (Lucier, Jonathan) (Entered: 07/31/2024) |
| 2024-08-02 | 11 | ORDER that the Court hereby GRANTS the Consent Motion (ECF No. 7 ). Defendant shall file its responsive pleadings on or before August 16, 2024. Signed by District Judge Roderick C. Young on 8/2/2024. (adun, ) (Entered: 08/02/2024) |
| 2024-08-16 | 12 | ANSWER to Complaint by U.S. Department of Health and Human Services.(Lucier, Jonathan) (Entered: 08/16/2024) |
| 2024-08-26 | 13 | MOTION for Judgment on the Pleadings by Claire G. Gastanaga. (Hurd, William) (Entered: 08/26/2024) |
| 2024-08-26 | 14 | Memorandum in Support re 13 MOTION for Judgment on the Pleadings filed by Claire G. Gastanaga. (Hurd, William) (Entered: 08/26/2024) |
| 2024-09-09 | 15 | Joint MOTION for Extension for an Extension of Briefing Schedule by U.S. Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Lucier, Jonathan) (Entered: 09/09/2024) |
| 2024-09-10 | 16 | ORDER that the Court hereby GRANTS the Joint Motion 15 . Defendant shall file its response brief on or before October 1, 2024, and Plaintiff shall file her reply brief on or before October 10, 2024. Signed by District Judge Roderick C. Young on 9/10/2024. (adun, ) (Entered: 09/10/2024) |
| 2024-10-01 | 17 | Amended ANSWER to Complaint , under Rule 15(a)(2) with Consent by U.S. Department of Health and Human Services.(Lucier, Jonathan) (Entered: 10/01/2024) |
| 2024-10-01 | 18 | Memorandum in Opposition re 13 MOTION for Judgment on the Pleadings filed by U.S. Department of Health and Human Services. (Lucier, Jonathan) (Entered: 10/01/2024) |
| 2024-10-02 | 19 | INITIAL SCHEDULING ORDER:Initial Pretrial Conference set for 1/15/2025 at 10:00 AM via Zoom before District Judge Roderick C. Young. See order for details. Signed by District Judge Roderick C. Young on 10/2/2024. (jpow, ) (Entered: 10/02/2024) |
| 2024-10-07 | 20 | Withdrawal of Motion by Claire G. Gastanaga for Partial Judgment on the Pleadings (Hurd, William) (Entered: 10/07/2024) |
| 2024-10-09 | 21 | ORDER that, in light of Plaintiff's Notice of Withdrawal For Partial Judgment on The Pleadings (ECF No. 20 ), the Clerk is DIRECTED to TERMINATE Plaintiff's Motion as MOOT. It is so ORDERED. Signed by District Judge Roderick C. Young on 10/09/2024. (Kski, ) (Entered: 10/09/2024) |
| 2025-01-15 | | Minute Entry for proceedings held before District Judge Roderick C. Young: Initial Pretrial Conference held on 1/15/2025. William Hurd appeared on behalf of plaintiff. Jonathan Lucier appeared on behalf of defendant. Court inquired of counsel regarding whether they thought matter would resolve on summary judgment. Counsel heard. For the reasons stated on the record, the Court advised that it would not set a trial date at this time. Should the matter not resolve on summary judgment, a trial will be set at that time. Court to issue Scheduling Order. (Court Reporter Tracy Stroh, OCR.)(juljon) (Entered: 01/15/2025) |
| 2025-01-15 | 22 | Order Rule 16(b) Scheduling Order. See Order for further details. It is so ORDERED. Signed by District Judge Roderick C. Young on 1/15/25. (juljon) (Entered: 01/15/2025) |
| 2025-01-15 | 23 | ORDER- It is hereby ORDERED that the settlement conference required by paragraph 2 of the Court's Rule 16(b) Scheduling Order ("Scheduling Order") issued in this action is hereby REFERRED to United States Magistrate Judge Summer L. Speight. The parties shall contact the chambers of Judge Speight within 5 days from the date of this Order to schedule the settlement conference and shall further in all respects comply with the requirements set forth in paragraph 2 of the Court's Scheduling Order. Signed by District Judge Roderick C. Young on 1/15/2025. (adun, ) (Entered: 01/15/2025) |
| 2025-01-15 | | Case Referred to Magistrate Judge Summer L. Speight for settlement. (adun, ) (Entered: 01/15/2025) |
| 2025-01-29 | 24 | ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE - The Court has scheduled this case for a settlement conference on March 18, 2025, at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Summer L. Speight. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Summer L. Speight on 01/29/2025. (Kski, ) (Entered: 01/29/2025) |
| 2025-01-30 | | Set Hearings: Settlement Conference set for 3/18/2025 at 9:30 AM in Richmond Judges Chamber before Magistrate Judge Summer L. Speight. (smej, ) (Entered: 01/30/2025) |
| 2025-03-18 | | Minute Entry for proceedings held before Magistrate Judge Summer L. Speight: Settlement Conference held on 3/18/2025. (smej, ) (Entered: 03/20/2025) |
| 2025-03-20 | 26 | ORDER - The Court has scheduled this case for a follow-up settlement conference on Wednesday, March 26, 2025. Defendant and Defendant's counsel shall attend a virtual meeting via Zoom beginning at 9:30 A.M. Plaintiff and Plaintiff's counsel shall be available to join the virtual meeting beginning at 11:00 A.M. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Summer L. Speight on 03/20/2025. (Kski, ) (Entered: 03/20/2025) |
| 2025-03-20 | | Set Hearings: Settlement Conference set for 3/26/2025 at 9:30 AM via ZOOM before Magistrate Judge Summer L. Speight. (smej, ) (Entered: 03/20/2025) |
| 2025-03-26 | | Minute Entry for proceedings held before Magistrate Judge Summer L. Speight: Settlement Conference held on 3/26/2025. (smej, ) (Entered: 03/26/2025) |
| 2025-06-03 | 27 | Consent MOTION for Extension of Time to File Dispositive Motions by U.S. Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Lucier, Jonathan) (Entered: 06/03/2025) |
| 2025-06-05 | 28 | ORDER- Based on Plaintiffs consent, and for good cause shown, the Court GRANTS the Defendants Consent Motion (ECF No. 27 ). The parties SHALL file their dispositive motions on or before June 26, 2025. Signed by District Judge Roderick C. Young on 6/5/2025. (adun, ) (Entered: 06/05/2025) |
| 2025-06-26 | 29 | MOTION for Summary Judgment by U.S. Department of Health and Human Services. (Lucier, Jonathan) (Entered: 06/26/2025) |
| 2025-06-26 | 30 | MOTION for Extension of Time by Claire G. Gastanaga. (Hurd, William) (Entered: 06/26/2025) |
| 2025-06-26 | 31 | Memorandum in Support re 29 MOTION for Summary Judgment filed by U.S. Department of Health and Human Services. (Attachments: # 1 Exhibit A (Lancey Decl.), # 2 Exhibit B (Vaughn Index, Lancey Decl. Ex. 1))(Lucier, Jonathan) (Entered: 06/26/2025) |
| 2025-07-01 | 32 | ORDER that the Court GRANTS Plaintiff's Motion for Extension of Time (ECF No. 30 ). Plaintiff is ORDERED to file her motion for summary judgment on or before July 10, 2025. This Order has no impact on Plaintiff's deadline to respond to Defendant's timely filed Motion for Summary Judgment, ECF No. 29 . SEE ORDER FOR DETAILS. Signed by District Judge Roderick C. Young on 07/01/2025. (Kski, ) (Entered: 07/01/2025) |
| 2025-07-10 | 33 | MOTION for Summary Judgment by Claire G. Gastanaga. (Hurd, William) (Main Document 33 replaced on 7/10/2025) (Kski, ). (Entered: 07/10/2025) |
| 2025-07-10 | 34 | Memorandum in Opposition re 29 MOTION for Summary Judgment filed by Defendant , Memorandum in Support re 33 MOTION for Summary Judgment filed by Claire G. Gastanaga. (Attachments: # 1 Affidavit of Claire G. Gastanaga, # 2 Exhibit Email from J. Lucier to W. Hurd)(Hurd, William) (Main Document 34 replaced on 7/10/2025) (Kski, ). (Entered: 07/10/2025) |
| 2025-07-18 | 35 | Joint MOTION to Set Briefing Schedule for Summary Judgment Opposition and Reply by U.S. Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Lucier, Jonathan) (Entered: 07/18/2025) |
| 2025-07-21 | 36 | ORDER- Given the joint nature of the motion, and for good cause shown, the Court GRANTS the Joint Motion to Set Briefing Schedule (ECF No. 35 ). As such, the Court ORDERS Defendant to file its consolidated brief on or before July 31, 2025, and Plaintiff to file her Reply on or before August 19, 2025. Signed by District Judge Roderick C. Young on 7/21/2025. (adun, ) (Entered: 07/21/2025) |
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