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Case TitleTalley v. U.S. Department of Labor - Per ORDERS of 7/1/20 (#92), 7/15/20 (#108), Plaintiff/counsel are prohibited from further filing in this case...and from sending emails to Clerk's Office employees.
DistrictWestern District of Missouri
CityKansas City
Case Number4:2019cv00493
Date Filed2019-06-25
Date Closed2020-07-13
JudgeDistrict Judge Ortrie D. Smith
PlaintiffFerissa Talley
Case DescriptionFerissa Talley submitted two FOIA requests to the Department of Labor for records concerning emails from DynCorp International employees Darin Powers and Robert Huber pertaining to a Defense Base Act complaint. The agency acknowledged receipt of the requests and withheld the emails under Exemption 4 (confidential business information). Talley filed an administrative appeal of the denial, but after hearing nothing further from the agency, she filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Labor
AppealEighth Circuit 20-2439
AppealEighth Circuit 20-2494
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [14]
Opinion/Order [16]
Opinion/Order [22]
FOIA Project Annotation: A federal court in Missouri has dismissed a motion to reconsider filed by Ferissa Talley, who filed suit against the Department of Labor as a third-party surrogate for Jack Jordan, an attorney representing his wife in a Defense contracting dispute, after finding no basis for her motions to reconsider the court's decision to stay the case. Jordan had already litigated the issue of whether emails sent from Dynacorp were privileged after they became part of the record before an administrative law judge. Jordan lost his first case in the D.C. Circuit and then lost his subsequent litigation under his own name in the Eighth Circuit. Nothing but persistent, however, he then commenced litigation by using third-party requesters like Talley. Finding that Talley had not shown that her case should be reconsidered, the court pointed out that "plaintiff's motion to reconsider does not seek to correct manifest errors of law or fact and does not present newly discovered evidence." But the court explained that "staying this matter will conserve the parties' and the judiciary's time and resources in that the same issues and arguments will not have to be relitigated while awaiting a decision from the Eighth Circuit."
Issues: Delay - Stay of proceedings
Opinion/Order [62]
Opinion/Order [63]
Opinion/Order [93]
Opinion/Order [102]
Opinion/Order [112]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-261COMPLAINT against All Defendants filed by Joshua A. Sanders on behalf of All Plaintiffs. Filing fee $400, receipt number AMOWDC-6372728. Service due by 9/24/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1-E-mail string July 30 and 31, 2013, # 2 Exhibit 2-DI Filing January 16, 2018, # 3 Civil Cover Sheet)(Sanders, Joshua) (Entered: 06/26/2019)
2019-06-262NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS. Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Woods, Gloria) (Entered: 06/26/2019)
2019-06-26SUMMONS ISSUED to Timothy A. Garrison, U.S. Attorney, Western District, William Barr, U.s. Attorney General, and Kate S. O'Scannlain, Solicitor of Labor, U.S. Department of Labor as to U.S. Department of Labor. (Woods, Gloria) (Entered: 06/26/2019)
2019-06-273ORDER TRANSFERRING CASE. Case reassigned to District Judge Ortrie D. Smith for all further proceedings. District Judge Fernando J. Gaitan, Jr no longer assigned to case Signed on 6/26/19 by District Judge Fernando J. Gaitan, Jr. (Ellis, Lindsey) (Entered: 06/27/2019)
2019-06-274MOTION to stay litigation pending disposition by the Eighth Circuit of Appeal No. 19-1743 filed by Jeffrey P. Ray on behalf of U.S. Department of Labor. Suggestions in opposition/response due by 7/11/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit A)(Attorney Jeffrey P. Ray added to party U.S. Department of Labor(pty:dft))(Ray, Jeffrey) (Entered: 06/27/2019)
2019-07-115SUGGESTIONS in opposition re 4 MOTION to stay litigation pending disposition by the Eighth Circuit of Appeal No. 19-1743 filed by Mark Everett Parrish on behalf of Plaintiff Ferissa Talley. Reply suggestions due by 7/25/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit Letter from LM 10-28-2015, # 2 Affidavit Declaration Jack Jordan 7-11-2019)(Related document(s) 4 ) (Attorney Mark Everett Parrish added to party Ferissa Talley(pty:pla))(Parrish, Mark) (Entered: 07/11/2019)
2019-07-246REPLY SUGGESTIONS to motion re 4 MOTION to stay litigation pending disposition by the Eighth Circuit of Appeal No. 19-1743 filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Labor. (Related document(s) 4 ) (Ray, Jeffrey) (Entered: 07/24/2019)
2019-07-257ORDER granting 4 Defendant's motion to stay litigation. Signed on 7/25/2019 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 07/25/2019)
2019-10-178NOTICE of appearance by Jack Jordan on behalf of Ferissa Talley (Attorney Jack Jordan added to party Ferissa Talley(pty:pla))(Jordan, Jack) (Entered: 10/17/2019)
2019-10-239MOTION to withdraw as attorney filed by Joshua A. Sanders on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/6/2019 unless otherwise directed by the court. (Sanders, Joshua) (Entered: 10/23/2019)
2019-10-2310MOTION for reconsideration re 7 Order on Motion to Stay filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 11/6/2019 unless otherwise directed by the court. (Related document(s) 7 ) (Jordan, Jack) (Entered: 10/23/2019)
2019-10-2411ORDER granting 9 Mark Parrish and Joshua Sanders's motion for leave to withdraw as attorneys of record for Plaintiff. Attorneys Mark Everett Parrish and Joshua A. Sanders terminated. Signed on 10/24/2019 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 10/24/2019)
2019-10-2412ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO RECONSIDER AND REVERSE ORDER GRANTING DOL MOTION TO STAY, 10 . Signed on 10/24/19 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 10/24/2019)
2019-10-2513MOTION for reconsideration re 7 Order on Motion to Stay filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 11/8/2019 unless otherwise directed by the court. (Related document(s) 7 ) (Jordan, Jack) (Entered: 10/25/2019)
2019-10-2814ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S SECOND MOTION TO RECONSIDER AND REVERSE ORDER GRANTING DOL MOTION TO STAY, 13 . Signed on 10/28/19 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 10/28/2019)
2019-10-2815MOTION for reconsideration re 7 Order on Motion to Stay filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 11/12/2019 unless otherwise directed by the court. (Related document(s) 7 ) (Jordan, Jack) (Entered: 10/28/2019)
2019-11-1816ORDER denying 15 Plaintiff's motion for reconsideration. Signed on 11/18/2019 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 11/18/2019)
2019-11-1917MOTION to lift stay , MOTION to disqualify judge Ortrie Smith filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 12/3/2019 unless otherwise directed by the court. (Jordan, Jack) (Main Document 17 replaced on 11/19/2019 per counsel's request as original document contained errors) (Jones, Robin). (Entered: 11/19/2019)
2019-12-0318SUGGESTIONS in opposition re 17 MOTION to lift stay MOTION to disqualify judge Ortrie Smith filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Labor. Reply suggestions due by 12/17/2019 unless otherwise directed by the court. (Related document(s) 17 ) (Ray, Jeffrey) (Entered: 12/03/2019)
2019-12-0620REPLY SUGGESTIONS to motion re 17 MOTION to lift stay MOTION to disqualify judge Ortrie Smith filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. (Related document(s) 17 ) (Jordan, Jack) (Entered: 12/06/2019)
2019-12-0620REPLY SUGGESTIONS to motion re 17 MOTION to lift stay MOTION to disqualify judge Ortrie Smith filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. (Related document(s) 17 ) (Jordan, Jack) (Entered: 12/06/2019)
2019-12-1021RETURN OF SERVICE of complaint executed by Ferissa Talley. U.S. Department of Labor served on 6/26/2019, answer due 8/26/2019. (Attachments: # 1 Exhibit Return Receipt US Attorney 6/28/2019, # 2 Affidavit Affidavit of Service US Attorney General 6/26/2019, # 3 Exhibit Return Receipt US Attorney General 7/5/2019, # 4 Affidavit Affidavit of Service US Solicitor of Labor 6/26/2019, # 5 Affidavit Declaration of Jack Jordan 12/10/2019)(Jordan, Jack) (Entered: 12/10/2019)
2020-01-0822Order entered by Judge Ortrie D. Smith. The Court strikes Talley's "Suggestions Opposing DOL Suggestion for In-Court Conference Requiring Plaintiff's Attendance" (Doc. 19 ) and denies Talley's "Motion to Remedy Judge Smith's Lies and Crimes and Lift the Stay or Disqualify Judge Smith" (Doc. 17 ). Signed on 1/8/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 01/08/2020)
2020-01-0823ORDER entered by Judge Ortrie D. Smith. The Court directs the Clerk of the Court to randomly assign this matter to another Article III judge for the limited purposes of conducting a show cause proceeding and issuing any order resulting therefrom. The undersigned will continue to preside over all other proceedings. The Court is contemplating whether additional action specific to Plaintiff's counsel should be taken. Accordingly, neither Plaintiff nor her counsel shall file a motion or other filing responsive to this Order in this Court. Any effort to do so will result in any such filing being struck and will impact whether additional action is pursued. Instead, Plaintiff and her counsel shall await further instruction from the judge assigned to conduct the show cause proceeding and issue any order resulting therefrom. Signed on 1/8/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 01/08/2020)
2020-01-0824NOTICE OF LIMITED ASSIGNMENT. Per the ORDER entered at Doc. No. 23 , this case is assigned to the Honorable Chief Judge Beth Phillips for the limited purposes of conducting a show cause proceeding and issuing any order resulting therefrom. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) (Entered: 01/08/2020)
2020-01-1325ORDER TO SHOW CAUSE. Ferissa Talley and Jack Jordan are directed to respond to this Order and show cause why they should not be held in contempt or otherwise sanctioned for the statements made in the Filing that are set out in Attachment A to this Order. Their response (or responses, if done separately) should be filed on or before January 27, 2020. Signed on 1/13/20 by Chief District Judge Beth Phillips. (Attachments: # 1 Attachment A) (Cordell, Annette) (Entered: 01/13/2020)
2020-01-1326MOTION to compel Filing of Portions of Powers' email filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 1/27/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 Denial of Plaintiff's FOIA Request, # 2 Affidavit Declaration of Jack Jordan)(Jordan, Jack) (Entered: 01/13/2020)
2020-01-1427ORDER denying 26 the motion to compel is DENIED. Signed on 1/14/20 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 01/14/2020)
2020-01-1428MOTION for reconsideration re 27 Order on Motion to Compel Filing of Portions of Powers' email filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 1/28/2020 unless otherwise directed by the court. (Related document(s) 27 ) (Jordan, Jack) (Entered: 01/14/2020)
2020-01-2029MOTION for extension of time to file response/reply as to 25 Order to Show Cause, filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 2/3/2020 unless otherwise directed by the court. (Related document(s) 25 ) (Jordan, Jack) (Entered: 01/20/2020)
2020-01-2130ORDER granting 28 The Court has reconsidered the Motion to Compel, and having done so, the Motion to Compel is DENIED. Signed on 1/21/20 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 01/21/2020)
2020-01-2131ORDER granting 29 motion for extension of time to respond to the January 13, 2020 Order to Show Cause, but only to the extent that it seeks an extension of 21 days from the date the Court rules on the Motion for Reconsideration. Response(s) to the Order to Show Cause shall be filed on or before February 11, 2020. Signed on 1/21/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) (Entered: 01/21/2020)
2020-02-0232MOTION for reconsideration re 25 Order to Show Cause, , MOTION to vacate filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 2/18/2020 unless otherwise directed by the court. (Related document(s) 25 ) (Jordan, Jack) (Entered: 02/02/2020)
2020-02-0433MOTION for reconsideration re 7 Order on Motion to Stay , MOTION to lift stay filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 2/18/2020 unless otherwise directed by the court. (Related document(s) 7 ) (Jordan, Jack) (Entered: 02/04/2020)
2020-02-0634Second MOTION for extension of time to file response/reply as to 25 Order to Show Cause, filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 2/20/2020 unless otherwise directed by the court. (Related document(s) 25 ) (Jordan, Jack) (Entered: 02/06/2020)
2020-02-0735ORDER denying 32 : Jack Jordan's second Motion to Reconsider, which asks the Court to vacate the Order to Show Cause is DENIED. The Motion for extension of time 34 is granted and the response to the Order to Show Cause is now due on February 18, 2020. See Order for details. Signed on 2/7/20 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 02/07/2020)
2020-02-0836MOTION for reconsideration re 25 Order to Show Cause, , MOTION to vacate SCO regarding Ms. Talley , MOTION to clarify SCO filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 2/24/2020 unless otherwise directed by the court. (Related document(s) 25 ) (Jordan, Jack) (Entered: 02/08/2020)
2020-02-0937MOTION for reconsideration re 35 Order on Motion for Reconsideration,, Order on Motion to Vacate,, Order on Motion for Extension of Time to File Response/Reply, 25 Order to Show Cause, , MOTION to vacate same filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 2/24/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 Letter from Judge Phillips 6/28/2019)(Related document(s) 35 , 25 ) (Jordan, Jack) (Entered: 02/09/2020)
2020-02-1038ORDER granting in part and denying in part 36 : Motion, Doc. 36 is granted, but only to the extent that it seeks to vacate Talley's obligation to respond to the Order to Show Cause. Jordan still must respond to the Order to Show Cause. Motion to Reconsider, Doc. 37 is DENIED. See Order for details. Signed on 2/10/20 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 02/10/2020)
2020-02-1039MOTION for reconsideration re 35 Order on Motion for Reconsideration,, Order on Motion to Vacate,, Order on Motion for Extension of Time to File Response/Reply, 25 Order to Show Cause, 38 Order on Motion for Reconsideration,, Order on Motion to Vacate,, Order on Motion to Clarify,,,,, , MOTION to vacate filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 2/24/2020 unless otherwise directed by the court. (Related document(s) 35 , 25 , 38 ) (Jordan, Jack) (Entered: 02/10/2020)
2020-02-1140ORDER denying 39 motion for reconsideration and to vacate. Signed on 2/11/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) (Entered: 02/11/2020)
2020-02-1141MOTION for reconsideration re 35 Order on Motion for Reconsideration,, Order on Motion to Vacate,, Order on Motion for Extension of Time to File Response/Reply, 25 Order to Show Cause, 40 Order on Motion for Reconsideration, Order on Motion to Vacate, 38 Order on Motion for Reconsideration,, Order on Motion to Vacate,, Order on Motion to Clarify,,,,, , MOTION to vacate filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 2/25/2020 unless otherwise directed by the court. (Related document(s) 35 , 25 , 40 , 38 ) (Jordan, Jack) (Entered: 02/11/2020)
2020-02-1142ORDER denying 41 motion for reconsideration and to vacate. Signed on 2/11/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) (Entered: 02/11/2020)
2020-02-1843RESPONSE TO ORDER TO SHOW CAUSE by Ferissa Talley. (Attachments: # 1 Supplement A re Lies & Crimes of Judge Smith and Jeffrey Ray, # 2 Supplement B re FOIA legal issues, # 3 Affidavit Declaration of Jack Jordan 2/18/2020)(Jordan, Jack) (Entered: 02/18/2020)
2020-02-2244Second MOTION to lift stay re 7 Order on Motion to Stay filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 3/9/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 8th Circuit Opinion 2/21/2020)(Related document(s) 7 ) (Jordan, Jack) (Entered: 02/22/2020)
2020-02-2545MOTION to lift stay re 7 Order on Motion to Stay , setting a briefing schedule, and response to Plaintiff's Motion to Lift Stay [Doc. 44] filed by Jeffrey P. Ray on behalf of U.S. Department of Labor. Suggestions in opposition/response due by 3/10/2020 unless otherwise directed by the court. (Related document(s) 7 ) (Ray, Jeffrey) (Entered: 02/25/2020)
2020-02-2546REPLY SUGGESTIONS to motion re 44 Second MOTION to lift stay re 7 Order on Motion to Stay , 45 MOTION to lift stay re 7 Order on Motion to Stay , setting a briefing schedule, and response to Plaintiff's Motion to Lift Stay [Doc. 44] filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. (Related document(s) 44 , 45 ) (Jordan, Jack) (Entered: 02/25/2020)
2020-03-0447ORDER. For the reasons stated in this Order, sanctions in the amount of $1,000 are imposed on Jack Jordan; this sum is to be paid to the Clerk of Court within thirty days. The Court will refer this matter to the Kansas Bar Association so that it can determine what action, if any, should be taken. Signed on 3/4/20 by Chief District Judge Beth Phillips. (Attachments: # 1 Attachment A). A copy of this Order, and Documents 17, 25, 43, (with attachments) was mailed via regular US mail on 3/4/20 to: Office of the Disciplinary Administrator, 701 SW Jackson St., 1st FL, Topeka, KS 66603-3729. (Cordell, Annette) (Entered: 03/04/2020)
2020-03-0548RESPONSE TO ORDER TO SHOW CAUSE by Ferissa Talley. (Jordan, Jack) (Entered: 03/05/2020)
2020-03-0649MOTION to clarify Order Imposing Sanctions filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 3/20/2020 unless otherwise directed by the court. (Jordan, Jack) (Entered: 03/06/2020)
2020-03-0950Second MOTION to compel Filing of Portions of Powers' email filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 3/23/2020 unless otherwise directed by the court. (Jordan, Jack) (Entered: 03/09/2020)
2020-03-1151ORDER denying 49 and 50 : The Motion to Clarify and the Second Motion to Compel are DENIED. Signed on 3/11/20 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 03/11/2020)
2020-03-1652MOTION to vacate 47 Order,, filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 3/30/2020 unless otherwise directed by the court. (Related document(s) 47 ) (Jordan, Jack) (Entered: 03/16/2020)
2020-03-1753MOTION to vacate 47 Order,, 35 Order on Motion for Reconsideration,, Order on Motion to Vacate,, Order on Motion for Extension of Time to File Response/Reply, 42 Order on Motion for Reconsideration, Order on Motion to Vacate, 25 Order to Show Cause, 27 Order on Motion to Compel, 51 Order on Motion to Clarify, Order on Motion to Compel, 40 Order on Motion for Reconsideration, Order on Motion to Vacate, 33 MOTION for reconsideration re 7 Order on Motion to Stay MOTION to lift stay , 30 Order on Motion for Reconsideration filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 3/31/2020 unless otherwise directed by the court. (Related document(s) 47 , 35 , 42 , 25 , 27 , 51 , 40 , 33 , 30 ) (Jordan, Jack) (Entered: 03/17/2020)
2020-03-2354ORDER denying 52 Motion to vacate ; denying 53 Motion to vacate. Signed on 3/23/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) (Entered: 03/23/2020)
2020-04-0155NOTICE of filing Notice of Noncompliance by Ferissa Talley re 47 Order,, (Jordan, Jack) (Entered: 04/01/2020)
2020-04-0656MOTION to strike 55 Notice of filing filed by Jeffrey P. Ray on behalf of U.S. Department of Labor. Suggestions in opposition/response due by 4/20/2020 unless otherwise directed by the court. (Related document(s) 55 ) (Ray, Jeffrey) (Entered: 04/06/2020)
2020-04-0757SUGGESTIONS in opposition re 56 MOTION to strike 55 Notice of filing filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. Reply suggestions due by 4/21/2020 unless otherwise directed by the court. (Related document(s) 56 ) (Jordan, Jack) (Entered: 04/07/2020)
2020-04-1658MOTION to lift stay re 7 Order on Motion to Stay filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 4/30/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 email from DUSA Jeff Ray 3/19/2020)(Related document(s) 7 ) (Jordan, Jack) (Entered: 04/16/2020)
2020-04-3059RESPONSE to motion re 58 MOTION to lift stay re 7 Order on Motion to Stay filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Labor. Reply suggestions due by 5/14/2020 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 04/30/2020)
2020-04-3060REPLY SUGGESTIONS TO MOTION 58 MOTION to lift stay re 7 Order on Motion to Stay filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. (Related document(s) 58 ) (Jordan, Jack) Modified on 5/4/2020 to correctly name pleading filed. NEF regenerated to all parties. (Kern, Kendra) (Entered: 04/30/2020)
2020-05-0561MOTION to lift stay re 47 Order,, 22 Order on Motion to Lift Stay,, Order on Motion to Disqualify Judge, , MOTION to disqualify judge Smith , MOTION to vacate Docs. 22 and 47 filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 5/19/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 DOL Notice re Seal 8/12/2016)(Related document(s) 47 , 22 ) (Jordan, Jack) (Entered: 05/05/2020)
2020-05-0562ORDER (1) GRANTING THE PARTIES' REQUESTS TO LIFT THE STAY, (2) LIFTING THE STAY, (3) DENYING PLAINTIFF'S OTHER REQUESTS FOR RELIEF, AND (3) DIRECTING THE PARTIES TO FILE DISPOSITIVE MOTIONS. Signed on 5/6/20 by District Judge Ortrie D. Smith. (Terminate Motions: #33, #44, #45, and #58.) (Matthes Mitra, Renea) Modified on 5/6/2020 to reflect Order was signed on 5/5/2020.(Matthes Mitra, Renea). (Entered: 05/06/2020)
2020-05-0663ORDER DENYING PLAINTIFF'S MOTION TO RECONSIDER ORDER REFUSING TO DISQUALIFY JUDGE SMITH. Signed on 5/6/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 05/06/2020)
2020-05-0664SUPPLEMENT to Motion to Vacate Sanctions Order . (Related document(s) 61 ) (Jordan, Jack) (Entered: 05/06/2020)
2020-05-1365Second SUPPLEMENT . (Related document(s) 61 ) (Jordan, Jack) (Entered: 05/13/2020)
2020-05-1366DEMAND for Trial by Jury by Ferissa Talley. (Jordan, Jack) (Entered: 05/13/2020)
2020-05-1967MOTION for judgment on the pleadings filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 6/2/2020 unless otherwise directed by the court. (Attachments: # 1 Supplement Memorandum of Points and Authorities, # 2 Exhibit Emails to DOJ attempting to confer)(Jordan, Jack) (Attachment 2 replaced on 5/20/2020. NEF regenerated.) (Moore, Terri). (Entered: 05/19/2020)
2020-05-2868ANSWER to 1 Complaint, on behalf of U.S. Department of Labor.(Ray, Jeffrey) (Entered: 05/28/2020)
2020-05-2969Second MOTION for judgment on the pleadings filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 6/12/2020 unless otherwise directed by the court. (Attachments: # 1 Supplement Statement of Facts and Suggestions Supporting Motion, # 2 Exhibit 1 Letter from DI 10/28/2015, # 3 Exhibit 2 Smyth Declaration 12/21/2016, # 4 Exhibit 3 Email from Clubb 2/4/2019)(Jordan, Jack) (Entered: 05/29/2020)
2020-06-0270ORDER denying 56 motion to strike. Signed on 6/2/20 by Chief District Judge Beth Phillips. (Wolfe, Steve) (Entered: 06/02/2020)
2020-06-0271ORDER denying 61 motion to vacate sanction order. Signed on 6/2/20 by Chief District Judge Beth Phillips. (Wolfe, Steve) (Entered: 06/02/2020)
2020-06-0372MOTION to strike 66 Jury Demand filed by Jeffrey P. Ray on behalf of U.S. Department of Labor. Suggestions in opposition/response due by 6/17/2020 unless otherwise directed by the court. (Related document(s) 66 ) (Ray, Jeffrey) (Entered: 06/03/2020)
2020-06-0373MOTION for protective order filed by Jeffrey P. Ray on behalf of U.S. Department of Labor. Suggestions in opposition/response due by 6/17/2020 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 06/03/2020)
2020-06-0374SUGGESTIONS in opposition re 67 MOTION for judgment on the pleadings , 69 Second MOTION for judgment on the pleadings filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Labor. Reply suggestions due by 6/17/2020 unless otherwise directed by the court. (Related document(s) 67 , 69 ) (Ray, Jeffrey) (Entered: 06/03/2020)
2020-06-0375MOTION for summary judgment filed by Jeffrey P. Ray on behalf of U.S. Department of Labor. Suggestions in opposition/response due by 6/24/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ray, Jeffrey) (Entered: 06/03/2020)
2020-06-0476SUGGESTIONS in opposition re 72 MOTION to strike 66 Jury Demand filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. Reply suggestions due by 6/18/2020 unless otherwise directed by the court. (Related document(s) 72 ) (Jordan, Jack) (Entered: 06/04/2020)
2020-06-0977SUGGESTIONS in opposition re 73 MOTION for protective order filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. Reply suggestions due by 6/23/2020 unless otherwise directed by the court. (Attachments: # 1 Affidavit Declaration of Jack Jordan 6/9/2020, # 2 Exhibit 1 Requests for Production 5/18/2020, # 3 Exhibit 2 Interrogatories 5/18/2020, # 4 Exhibit 3 Emails with Jeff Ray 6/8/2020)(Related document(s) 73 ) (Jordan, Jack) (Entered: 06/09/2020)
2020-06-1178REPLY SUGGESTIONS to motion re 67 MOTION for judgment on the pleadings , 69 Second MOTION for judgment on the pleadings filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. (Related document(s) 67 , 69 ) (Jordan, Jack) (Entered: 06/11/2020)
2020-06-1379MOTION for reconsideration re 47 Order,, 71 Order on Motion to Vacate , MOTION to vacate ECF 47 Order and 71 Order filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 6/29/2020 unless otherwise directed by the court. (Related document(s) 47 , 71 ) (Jordan, Jack) (Entered: 06/13/2020)
2020-06-1880SUPPLEMENT to Motion to Vacate Sanctions Order . (Related document(s) 79 ) (Jordan, Jack) (Entered: 06/18/2020)
2020-06-2281SUGGESTIONS in opposition to motion for summary judgment re 75 MOTION for summary judgment filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. Reply suggestions due by 7/6/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 emails from Frank Clubb 2/27/2020, # 2 Exhibit 2 Declaration of Robert Huber 8/15/2017, # 3 Affidavit Declaration of Jack Jordan 6/22/2020)(Related document(s) 75 ) (Jordan, Jack) (Entered: 06/22/2020)
2020-06-2382REPLY SUGGESTIONS to motion re 73 MOTION for protective order filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Labor. (Related document(s) 73 ) (Ray, Jeffrey) (Entered: 06/23/2020)
2020-06-2683ORDER entered by Judge Ortrie D. Smith. The Court grants Defendant's motion for protective order and denies Plaintiff's request for a telephone conference with the Court. Signed on 6/26/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 06/26/2020)
2020-06-2684MOTION to vacate 83 Order on Motion for Protective Order, filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 7/10/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 Email to Judge Smith 6/24/2020)(Related document(s) 83 ) (Jordan, Jack) (Entered: 06/26/2020)
2020-06-2785DEMAND for Trial by Jury by Ferissa Talley. (Attachments: # 1 Exhibit 1 email from DUSA Jeff Ray 3/19/2020, # 2 Exhibit 2 email to Judge Smith re portions of Powers' email 6/24/2020)(Jordan, Jack) (Entered: 06/27/2020)
2020-06-2986Amended MOTION to amend/correct 84 MOTION to vacate 83 Order on Motion for Protective Order, filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 7/13/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 Email to Judge Smith 6/24/2020)(Related document(s) 84 ) (Jordan, Jack) (Entered: 06/29/2020)
2020-06-3087NOTICE of filing of Withdrawal of ECF 84 by Ferissa Talley re 84 MOTION to vacate 83 Order on Motion for Protective Order, (Jordan, Jack) (Entered: 06/30/2020)
2020-06-3088ORDER denying 79 Motion for Reconsideration; denying 79 Motion to Vacate. Signed on 6/30/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) (Entered: 06/30/2020)
2020-06-3089ORDER (1) GRANTING PLAINTIFF'S REQUEST TO WITHDRAW MOTION TO RECONSIDER, (2) WITHDRAWING PLAINTIFF'S MOTION TO RECONSIDER, AND (3) DENYING PLAINTIFF'S CORRECTED MOTION TO RECONSIDER. Signed on 6/30/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 06/30/2020)
2020-07-0192ORDER entered by Judge Ortrie D. Smith. Plaintiff's Motion for Order Stating the Law and Showing Judge Smith Did Not Lie About the Law (Doc. #90) and Plaintiff's Motion for Order Stating the Law Showing Judge Smith's Threat Was Not Criminal (Doc. #91) are struck from the record due to non-compliance with the Court's June 30, 2020 Order (Doc. #89). Defendant need not reply to either motion. Plaintiff and her counsel are prohibited from filing anything further in this matter without the Courts prior approval. The Court directs the Clerk's Office to retain copies of Documents #90 and 91 under seal. Signed on 7/1/20 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 07/01/2020)
2020-07-0693ORDER entered by Judge Ortrie D. Smith regarding Plaintiff's motion for leave and request for teleconference. Signed on 7/6/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 07/06/2020)
2020-07-0694Motion for Leave to File Notice of Appeal filed by Jack Jordan. Suggestions in opposition/response due by 7/20/2020 unless otherwise directed by the court. (Matthes Mitra, Renea) (Entered: 07/06/2020)
2020-07-0696REPLY SUGGESTIONS to motion re 75 MOTION for summary judgment filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Labor. (Related document(s) 75 ) (Ray, Jeffrey) (At the request of counsel additional attachment added on 7/7/2020: # 1 Exhibit E. Document was inadvertently not attached.) (Entered: 07/06/2020)
2020-07-07NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 7/6/2020 as Document No. 96, Reply Suggestions. At the request of counsel additional attachment added on 7/7/2020: # 1 Exhibit E. Document was inadvertently not attached. This is a text entry only - no document is attached. (Matthes Mitra, Renea) (Entered: 07/07/2020)
2020-07-0997ORDER regarding July 8, 2020 communication from Jack Jordan. Signed on 7/9/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 07/09/2020)
2020-07-0999NOTICE of filing of Compliance with Order 93 by Ferissa Talley re 93 Order (Jordan, Jack) (Entered: 07/09/2020)
2020-07-09100*SEALED and STRICKEN* PER ORDER on 7/13/2020. NOTICE OF APPEAL as to 47 Order,, 35 Order on Motion for Reconsideration,, Order on Motion to Vacate,, Order on Motion for Extension of Time to File Response/Reply, 42 Order on Motion for Reconsideration, Order on Motion to Vacate, 25 Order to Show Cause, 27 Order on Motion to Compel, 71 Order on Motion to Vacate, 51 Order on Motion to Clarify, Order on Motion to Compel, 40 Order on Motion for Reconsideration, Order on Motion to Vacate, 54 Order on Motion to Vacate, 30 Order on Motion for Reconsideration, 38 Order on Motion for Reconsideration,, Order on Motion to Vacate,, Order on Motion to Clarify,,,,, 89 Order on Motion to Vacate, 88 Order on Motion for Reconsideration, Order on Motion to Vacate, 23 Order to Show Cause, by Ferissa Talley. Filing fee $ 505, receipt number AMOWDC-6938675. (Jordan, Jack) (Entered: 07/09/2020)
2020-07-09101***Remark *** Per Order 97 , Docket sheet,Documents #83, 86, 89, 90, 91, 92, 93, 94, and 95, were all mailed on 7/9/2020 to the Kansas Bar Association,Attn: Office of the Disciplinary Administrator,301 SW 10th Avenue,Topeka, KS 66612-1507 (Woods, Gloria) (Entered: 07/10/2020)
2020-07-13102ORDER AND OPINION (1) DENYING PLAINTIFF'S MOTIONS FOR JUDGMENT ON THE PLEADINGS, (2) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, (3) FINDING AS MOOT DEFENDANTS MOTION TO STRIKE JURY DEMAND AND PLAINTIFF'S MOTION FOR LEAVE TO FILE NOTICE OF APPEAL, AND (4) STRIKING PLAINTIFF'S NOTICE OF APPEAL. Signed on 7/13/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 07/13/2020)
2020-07-13103CLERK'S JUDGMENT (Matthes Mitra, Renea) (Entered: 07/13/2020)
2020-07-13105NOTICE OF APPEAL as to 47 Order, 35 Order on Motion for Reconsideration, Order on Motion to Vacate, Order on Motion for Extension of Time to File Response/Reply, 42 Order on Motion for Reconsideration, Order on Motion to Vacate, 97 Order, 22 Order on Motion to Lift Stay, Order on Motion to Disqualify Judge, 12 Order on Motion for Reconsideration, 25 Order to Show Cause, 7 Order on Motion to Stay, 27 Order on Motion to Compel, 71 Order on Motion to Vacate, 51 Order on Motion to Clarify, Order on Motion to Compel, 62 Order on Motion to Lift Stay, Order on Motion for Reconsideration, 16 Order on Motion for Reconsideration, 92 Order on Motion to Clarify, 40 Order on Motion for Reconsideration, Order on Motion to Vacate, 54 Order on Motion to Vacate, 83 Order on Motion for Protective Order, 102 Order on Motion for Judgment on the Pleadings, Order on Motion to Strike, Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief, 63 Order, 30 Order on Motion for Reconsideration, 14 Order on Motion for Reconsideration, 89 Order on Motion to Vacate, 88 Order on Motion for Reconsideration, Order on Motion to Vacate, 93 Order, 23 Order to Show Cause, by Ferissa Talley. Filing fee $ 505, receipt number AMOWDC-6943154. (Jordan, Jack). Modified on 7/14/2020: Relationship created to doc. no. 103 . (Moore, Terri). (Entered: 07/13/2020)
2020-07-13107ORDER. The Clerk's Office is directed to file Plaintiff's counsel's email dated 7/13/2020 and attach the letter and exhibits to the filing. The Clerk's Office shall strike this filing but retain a copy under seal. Except for filing a notice of appeal (see Doc. # 102 ), Plaintiff and her counsel are prohibited from filing anything further in this matter without the Court's approval. In addition, Plaintiff and her counsel are prohibited from sending emails to Chambers staff. Signed on 7/13/2020 by District Judge Ortrie D. Smith. (Moore, Terri) (Entered: 07/14/2020)
2020-07-14106TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 105 Notice of Appeal,,,,,. (Terry, Jason) (Entered: 07/14/2020)
2020-07-15108ORDER. On July 13, 2020, the Court struck Plaintiff's July 9, 2020 Notice of Appeal (Doc. # 100 ) because she was prohibited from filing anything in this case without prior court approval, and she had not been granted permission to file the Notice of Appeal. However, when the Court issued its Order on all pending motions and entered judgment in Defendant's favor on July 13, 2020, the Court expressly permitted Plaintiff to file a Notice of Appeal. Doc. # 102 . That same day, Plaintiff filed another Notice of Appeal (Doc. # 105 ), which incorporates the decisions included in her July 9, 2020 Notice of Appeal. Nevertheless, on July 14, 2020, Plaintiff's counsel, Jack Jordan, sent an email to Chambers staff, which he was prohibited from doing (see Doc. # 102 ) and sent an email to the Clerk's Office. In both emails, Jordan questioned the Court's authority to strike Plaintiff's July 9, 2020 Notice of Appeal. The Court's ruling stands. Moreover, Plaintiff, in her July 13, 2020 Notice of Appeal, has already appealed the decisions she sought to appeal in her July 9, 2020 Notice of Appeal. Again, Plaintiff and her counsel are prohibited from filing anything further in this matter or sending emails to Chambers staff. In addition, Plaintiff and her counsel shall not send emails to Clerk's Office employees. Now that this matter has been appealed, any inquiries shall be directed to the Eighth Circuit Court of Appeals. The Clerk's Office is directed to file Plaintiff's counsel's July 14, 2020 emails, strike those filings, and retain a copy of the filings under seal. Signed on 7/15/2020 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) (Entered: 07/15/2020)
2020-07-15109NOTICE (SEALED) *STRICKEN* PER ORDER AT #108. Email dated 7/14/2020 from Jack Jordan to Renea Matthes Mitra. (Moore, Terri) (Entered: 07/15/2020)
2020-07-15110NOTICE (SEALED) *STRICKEN* PER ORDER AT #108. Email dated 7/14/2020 from Jack Jordan to Jason Terry. (Moore, Terri) (Entered: 07/15/2020)
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