| Date Filed | Doc # | Docket Text |
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| 2015-05-22 | 1 | COMPLAINT against Secretary of Veterans Affairs, United States Attorney, United States Attorney General, filed by Stephen Paul Jarrell. (pb) (Additional attachment(s) added on 5/22/2015: # 1 Civil Cover Sheet) (pb). (Entered: 05/22/2015) |
| 2015-05-22 | 2 | Summons Issued as to Secretary of Veterans Affairs, United States Attorney, United States Attorney General, U.S. Attorney and U.S. Attorney General (pb) (Entered: 05/22/2015) |
| 2015-05-22 | 3 | Filing fee: $ 400.00, receipt number 300DAY015492 (pb) (Entered: 05/22/2015) |
| 2015-06-09 | 4 | SUMMONS Returned Executed as to Defendants Secretary of Veterans Affairs, United States Attorney General. Secretary of Veterans Affairs served on 5/28/2015, answer due 7/27/2015; United States Attorney General served on 5/28/2015, answer due 7/27/2015. (ead) (Entered: 06/09/2015) |
| 2015-07-20 | 5 | MOTION to Dismiss for Lack of Jurisdiction by Defendants Secretary of Veterans Affairs, United States Attorney, United States Attorney General. Responses due by 8/13/2015 (Attachments: # 1 Deeter Declaration) (Dunsky, Gregory) (Entered: 07/20/2015) |
| 2015-07-21 | 6 | ORDER TO PRO SE PLAINTIFF. Signed by Magistrate Judge Michael R. Merz on 7/21/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/21/2015) |
| 2015-07-28 | 7 | RESPONSE in Opposition re 5 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Stephen Paul Jarrell. (pb) (Entered: 07/28/2015) |
| 2015-07-31 | 8 | REPLY to Response to Motion re 5 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Secretary of Veterans Affairs, United States Attorney, United States Attorney General. (Dunsky, Gregory) (Entered: 07/31/2015) |
| 2015-08-05 | 9 | MOTION for Leave to File Sur Reply - Entitled - Plaintiff's Reply Memorandum in Support of his Memorandum in Opposition re 5 , 7 , and 8 by Plaintiff Stephen Paul Jarrell. Responses due by 8/31/2015 (Attachments: # 1 Sur Reply - Entitled - Plaintiff's Reply Memorandum in Support of his Memorandum in Opposition) (pb) (Entered: 08/05/2015) |
| 2015-08-05 | | Notation ORDER granting 9 Motion for Leave to File Sur-reply. Signed by Magistrate Judge Michael R. Merz on 8/5/2015. (MRM) (Entered: 08/05/2015) |
| 2015-08-05 | 10 | Plaintiff's Reply Memorandum in Support of his Memorandum in Opposition re 5 , 7 and 8 by Plaintiff Stephen Paul Jarrell. (pb) (Entered: 08/05/2015) |
| 2015-08-07 | 11 | REPORT AND RECOMMENDATIONS - Because Jarrell discovered the inaccuracies in his military personnel file of which he complains more than two years before he filed this action, the Court lacks subject matter jurisdiction of the case which should therefore be dismissed without prejudice under Fed. R. Civ. P. 12(b)(1). Objections to R&R due by 8/24/2015. Signed by Magistrate Judge Michael R. Merz on 8/7/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/07/2015) |
| 2015-08-17 | 12 | PLAINTIFF'S OBJECTION TO MAGISTRATE MERZ'S REPORT AND RECOMMENDATIONS 11 Report and Recommendations by Plaintiff Stephen Paul Jarrell. (srb) (Entered: 08/17/2015) |
| 2015-08-18 | 13 | RECOMMITTAL ORDER - The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. re 11 Report and Recommendations, 12 Objection to Report and Recommendations filed by Stephen Paul Jarrell. Signed by Judge Walter H Rice on 8/18/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/18/2015) |
| 2015-08-19 | 14 | ORDER TO SUPPLEMENT THE RECORD - It is ORDERED that Plaintiff file with the Court 1. a copy of the records produced to him by the Records Management Center in May 2015. If Plaintiff brings the original CD to the Clerks Office, a deputy clerk will upload the records to the Court's CM/ECF system. If Plaintiff wishes to have them filed under seal, the Court finds that is appropriate because they are personnel records, so the Clerk will file them under seal if requested. 2. a list of each alleged misrepresentation in the records, identified by the PageID number of the page on which it appears in the filed copy. When the records are uploaded to the CM/ECF system, the Court's computer will add a line at the top of each page with the following appearance: "Case: 3:15-cv-00187-WHR-MRM Doc #: 12 Filed: 08/17/15 Page: 2 of 3 PAGEID #: ____." These filings are to be complete by September 1, 2015. Signed by Magistrate Judge Michael R. Merz on 8/19/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/19/2015) |
| 2015-08-27 | 16 | Reply re 14 Order by Plaintiff Stephen Paul Jarrell. (Attachments: # 1 Attachment) (pb) (Entered: 08/27/2015) |
| 2015-08-28 | | Scheduling ORDER - The United States may respond to Plaintiff's most recent filing not later than September 10, 2015. Signed by Magistrate Judge Michael R. Merz on 8/28/2015. (MRM) (Entered: 08/28/2015) |
| 2015-09-01 | 17 | MOTION for Extension of Time to File New date requested 9/24/2015. by Defendants Secretary of Veterans Affairs, United States Attorney, United States Attorney General. Responses due by 9/25/2015 (Dunsky, Gregory) (Entered: 09/01/2015) |
| 2015-09-01 | | Notation ORDER granting 17 Motion for Extension of Time to File to and including 9/25/2015. Signed by Magistrate Judge Michael R. Merz on 9/1/2015. (MRM) (Entered: 09/01/2015) |
| 2015-09-25 | 18 | REPLY to Response to Motion re 17 MOTION for Extension of Time to File New date requested 9/24/2015. filed by Defendant Secretary of Veterans Affairs. (Attachments: # 1 Exhibit A - Declaration of Richard Ivy, # 2 Exhibit A - attachment 1, # 3 Exhibit A - attachment 2, # 4 Exhibit A - attachment 3, # 5 Exhibit A - attachment 4, # 6 Exhibit B - Oct 25, 1998 ltr from Jarrell to VA, # 7 Exhibit C - Jarrell's Motion for New Trial with exhibits, Civil Case 3:13cv343) (Dunsky, Gregory) (Entered: 09/25/2015) |
| 2015-09-28 | | Notice of Correction re: 18 Reply to Response to Motion,,....DELETE, COUNSEL TO RESUBMIT BY USING CORRECT EVENT AND PROPER EVENT RESPONSE TO MOTION AND NOT REPLY TO RESPONSE to Motion re 17 ...COUNSEL NOTIFIED (pb) (Entered: 09/28/2015) |
| 2015-09-28 | 19 | Response re 16 Reply (non motion), Order by Defendant Secretary of Veterans Affairs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Dunsky, Gregory) (Entered: 09/28/2015) |
| 2015-09-29 | 20 | AMENDED DOCUMENT by Defendant Secretary of Veterans Affairs. Amendment to 19 Response (non motion) Amended Exhibits B, C . (Attachments: # 1 Exhibit B (amended), # 2 Exhibit C (amended)) (Dunsky, Gregory) (Entered: 09/29/2015) |
| 2015-10-02 | 21 | Reply Entitled - Plaintiff Rebuttal to Defendants Recent Response re 20 Amended Document, 19 Response (non motion) by Plaintiff Stephen Paul Jarrell. (Attachments: # 1 Attachment) (pb) (Entered: 10/02/2015) |
| 2015-10-05 | 22 | Plaintiff's Rebuttal to Defendant's Recent Response re 16 Reply (non motion), 15 Sealed Document by Plaintiff Stephen Paul Jarrell. (Attachments: # 1 Attachment) (ead) (Entered: 10/05/2015) |
| 2015-10-05 | 23 | Cover letter to USA. by Plaintiff Stephen Paul Jarrell (ead)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 10/05/2015) |
| 2015-11-02 | 24 | ORDER - This case is hereby set for an evidentiary hearing on the Motion to Dismiss at 9:30 A.M. on Thursday, December 3, 2015, in Courtroom No. 4 at 200 West Second Street, Dayton, Ohio. The burden of proving subject matter jurisdiction in federal court if on the party asserting it. Plaintiff must therefore be prepared to show by admissible evidence which documents on the May 2015 CD have been altered or in what other ways he asserts that record violates the Privacy Act. Signed by Magistrate Judge Michael R. Merz on 11/2/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 11/02/2015) |
| 2015-11-10 | 25 | MOTION FOR PERMISSIVE JOINDER OF PARTIES. Responses due by 12/4/2015 (ead) (Entered: 11/10/2015) |
| 2015-11-12 | 26 | DECISION AND ORDER denying 25 Motion for Joinder. Signed by Magistrate Judge Michael R. Merz on 11/12/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 11/12/2015) |
| 2015-12-03 | 27 | Brief by Plaintiff Stephen Paul Jarrell in support of objections to dismissal for lack of subject matter jurisdiction with attached envelopes (2) of documents extracted from the record. (kpf) (Entered: 12/03/2015) |
| 2015-12-03 | | Minute Entry for proceedings held before Magistrate Judge Michael R. Merz: Evidentiary Hearing on Defendants' Motion to Dismiss held on 12/3/2015. Plaintiff appeared pro se with brother Richard Jarrell. Attorney Gregory Dunsky appeared for Defendants. Stephen and Richard Jarrell sworn and testified. Exhibits marked into evidence and will be maintained in chambers. Plaintiff moved to dismiss this action without prejudice and the Court will issue an entry to that effect forthwith. (Court Reporter Lainey Fergueson, Britton & Associates.) (kpf) (Entered: 12/03/2015) |
| 2015-12-03 | 28 | ORDER - Pursuant to Fed. R. Civ. P. 41(a)(2), this action is DISMISSED without prejudice. The Report and Recommendations (ECF No. 11) is WITHDRAWN. Signed by Magistrate Judge Michael R. Merz on 12/3/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 12/03/2015) |
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