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Case TitlePEAVEY v. UNITED STATES OF AMERICA et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2011cv00937
Date Filed2011-05-19
Date Closed2012-03-02
JudgeJudge James E. Boasberg
PlaintiffMORRIS J. PEAVEY
DefendantUNITED STATES OF AMERICA
DefendantERIC H. HOLDER, JR. Attorney General
DefendantJOHN M. MCHUGH Secretary of the US Army
DefendantE. SHESKNI Secretary of Veterans Affairs
DefendantADRIENNE THOMAS NARA Archivist
DefendantTIMOTHY GIETHNER Secretary of Treasury
DefendantMICHAEL MAY Esq., USDOJ Tax Appellate Section
DefendantJENNIFER KALDOR FOIA agent
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-05-191COMPLAINT against TIMOTHY GIETHNER, ERIC H. HOLDER, JENNIFER KALDOR, MICHAEL MAY, JOHN MCHUGH, E. SHESKNI, ADRIENNE THOMAS, UNITED STATES OF AMERICA ( Filing fee $ 350, receipt number 4616038970) filed by MORRIS J. PEAVEY. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 05/20/2011)
2011-05-19SUMMONS (8) Issued as to TIMOTHY GIETHNER, ERIC H. HOLDER, JENNIFER KALDOR, MICHAEL MAY, JOHN MCHUGH, E. SHESKNI, ADRIENNE THOMAS, UNITED STATES OF AMERICA and U.S. Attorney (rdj) (Entered: 05/20/2011)
2011-06-062RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/19/2011. Answer due for ALL FEDERAL DEFENDANTS by 6/18/2011. (td, ) (Entered: 06/08/2011)
2011-06-203RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TIMOTHY GIETHNER served on 5/20/2011; JOHN MCHUGH served on 5/31/2011; E. SHESKNI served on 5/20/2011 (td, ) (Entered: 06/22/2011)
2011-07-154MOTION for Extension of Time to File Answer by TIMOTHY GIETHNER, ERIC H. HOLDER, JENNIFER KALDOR, MICHAEL MAY, JOHN MCHUGH, E. SHESKNI, ADRIENNE THOMAS, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Black, Alesia) (Entered: 07/15/2011)
2011-07-15MINUTE ORDER GRANTING 4 Motion for Extension of Time to Answer. Defendants shall file an Answer or otherwise respond to the Complaint by August 19, 2011. Signed by Judge James E. Boasberg on 07/15/2011. (lcjeb2, ) (Entered: 07/15/2011)
2011-07-18Set/Reset Deadlines: Defendants shall file an answer or otherwise respond to the Complaint by 8/19/2011. (ad) (Entered: 07/18/2011)
2011-07-185Summons Returned Unexecuted by MORRIS J. PEAVEY as to ADRIENNE THOMAS. (td, ) (Entered: 07/21/2011)
2011-08-016MOTION to enter documents by MORRIS J. PEAVEY (Attachments: # 1 Exhibit)(td, ) (Entered: 08/03/2011)
2011-08-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JENNIFER KALDOR served on 6/2/2011, answer due 6/23/2011 (td, ) (Entered: 08/03/2011)
2011-08-03MINUTE ORDER denying without prejudice 6 Plaintiff's Motion to Enter Documents. To the extent that the Motion is intelligible, it seeks to "enter documents on the record." If Plaintiff wishes the Court to review certain documents, he may submit them in connection with an appropriate motion -- e.g., a motion to dismiss or a motion for summary judgment -- at the appropriate time. At this point, given that Defendants have not even answered, it is premature. Signed by Judge James E. Boasberg on 8/3/2011. (lcjeb3) (Entered: 08/03/2011)
2011-08-188MOTION for Extension of Time to File Answer by TIMOTHY GIETHNER, ERIC H. HOLDER, JENNIFER KALDOR, MICHAEL MAY, JOHN MCHUGH, E. SHESKNI, ADRIENNE THOMAS, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Black, Alesia) (Entered: 08/18/2011)
2011-08-18MINUTE ORDER granting 8 Defendants' Motion for Extension of Time to Answer. Defendants' Answer shall now be due on September 19, 2011. Signed by Judge James E. Boasberg on 8/18/2011. (lcjeb3) (Entered: 08/18/2011)
2011-08-18Set/Reset Deadlines: Answer due by 9/19/2011, (mpt, ) (Entered: 08/18/2011)
2011-09-199MOTION for Extension of Time to File Answer by TIMOTHY GIETHNER, ERIC H. HOLDER, JENNIFER KALDOR, MICHAEL MAY, JOHN MCHUGH, E. SHESKNI, ADRIENNE THOMAS, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Black, Alesia) (Entered: 09/19/2011)
2011-09-20MINUTE ORDER granting 9 Defendants' Motion for Extension of Time to Answer. Defendants' Answer shall now be due on October 19, 2011. Signed by Judge James E. Boasberg on 9/20/2011. (lcjeb2) (Entered: 09/20/2011)
2011-09-20Set/Reset Deadlines: Defendants' Answer shall now be due on 10/19/2011. (ad) (Entered: 09/20/2011)
2011-09-3010Memorandum in opposition to re 9 MOTION for Extension of Time to File Answer filed by MORRIS J. PEAVEY. (td, ) (Entered: 10/04/2011)
2011-10-1911MOTION to Dismiss or in the Alternative for Summary Judgment by TIMOTHY GIETHNER, ERIC H. HOLDER, JENNIFER KALDOR, MICHAEL MAY, JOHN MCHUGH, E. SHESKNI, ADRIENNE THOMAS, UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Text of Proposed Order)(Black, Alesia). Added MOTION for Summary Judgment on 10/20/2011 (td, ). (Entered: 10/19/2011)
2011-11-0412MOTION for Leave to File documents filed July 29, 2011 and missing parts by MORRIS J. PEAVEY; (Some documents illegible) (td, ) (Entered: 11/07/2011)
2011-11-0413RESPONSE re 11 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by MORRIS J. PEAVEY. (td, ) (Entered: 11/07/2011)
2011-11-08MINUTE ORDER: As Defendants have indicated they do not object to Plaintiff's 12 Motion for Leave to File Documents, the Court hereby GRANTS Plaintiff's Motion. In the future, however, a failure to comply with Local Civil Rule 7(m) will result in a motion's denial without prejudice. Signed by Judge James E. Boasberg on 11/8/2011. (lcjeb2) (Entered: 11/08/2011)
2011-11-1714MOTION for Extension of Time to File Response/Reply by TIMOTHY GIETHNER, ERIC H. HOLDER, JENNIFER KALDOR, MICHAEL MAY, JOHN MCHUGH, E. SHESKNI, ADRIENNE THOMAS, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Black, Alesia) (Entered: 11/17/2011)
2011-11-17MINUTE ORDER granting 14 Motion for Extension of Time to File Response/Reply. Defendants' Reply shall now be due by November 22, 2011. Signed by Judge James E. Boasberg on 11/17/2011. (lcjeb2) (Entered: 11/17/2011)
2011-11-18Set/Reset Deadlines: Defendants' Reply shall now be due by 11/22/2011. (ad) (Entered: 11/18/2011)
2011-11-2215REPLY to opposition to motion re 11 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by TIMOTHY GIETHNER, ERIC H. HOLDER, JENNIFER KALDOR, MICHAEL MAY, JOHN MCHUGH, E. SHESKNI, ADRIENNE THOMAS, UNITED STATES OF AMERICA. (Black, Alesia) (Entered: 11/22/2011)
2011-12-1416MOTION to enter documents filed July 29, 2011 and missing parts by MORRIS J. PEAVEY (td, ) (Entered: 12/16/2011)
2011-12-1417SUPPLEMENTAL MEMORANDUM to re 16 MOTION to enter documents filed July 29, 2011 and missing parts filed by MORRIS J. PEAVEY. (td, ) (Entered: 12/19/2011)
2011-12-16MINUTE ORDER: As the Court warned Plaintiff in its Order of Nov. 18, 2011, any non-dispositive motion must be accompanied by a statement of the opposing counsel's position under Local Civil Rule 7(m). As the 16 Motion to Enter Documents does not comply with Rule 7(m), the Court ORDERS that it is DENIED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 12/16/2011. (lcjeb2) (Entered: 12/16/2011)
2012-01-0418NOTICE of attempts to communicate by MORRIS J. PEAVEY (td, ) (Entered: 01/05/2012)
2012-01-1019NOTICE OF SUBSTITUTION OF COUNSEL by John Gregory Lennon on behalf of All Defendants Substituting for attorney Alesia N. Black (Lennon, John) (Entered: 01/10/2012)
2012-01-2020RESPONSE re 18 Opposition to Plaintiff's Motion for Judicial Review of ABCMR Decisions E.C.F. No. 18 filed by TIMOTHY GIETHNER, ERIC H. HOLDER, JENNIFER KALDOR, MICHAEL MAY, JOHN MCHUGH, E. SHESKNI, ADRIENNE THOMAS, UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Lennon, John) Modified event title and link on 1/23/2012 (znmw, ). (Entered: 01/20/2012)
2012-01-2321MOTION for Leave to enter related documents to support plaintiff's rights to Judicial Review of ABCMR denial of relief by MORRIS J. PEAVEY (Attachments: # 1 Exhibit)(td, ) (Entered: 01/26/2012)
2012-01-2422MOTION for Judicial Review of ABCMR decisions pursuant to section 10 APA by MORRIS J. PEAVEY (td, ) (Entered: 01/26/2012)
2012-01-2423MOTION for Leave to File to refile document styled plaintiff's 2nd opposition to defendants motion to dismiss or in the alternative for declaratory judgment by MORRIS J. PEAVEY (td, ) (Entered: 01/26/2012)
2012-01-2424MOTION for Order for Subpoena by MORRIS J. PEAVEY (td, ) (Entered: 01/26/2012)
2012-01-26MINUTE ORDER: As the Court warned Plaintiff in its Order of Nov. 8, 2011, any non-dispositive motion must be accompanied by a statement of the opposing counsel's position under Local Civil Rule 7(m). As the 21 Motion for Leave to Enter Related Documents does not comply with Rule 7(m), the Court ORDERS that it is DENIED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 1/26/2012. (lcjeb2) (Entered: 01/26/2012)
2012-01-27MINUTE ORDER: Plaintiff currently has a pending suit with a fully briefed Motion to Dismiss by the Government. He has now filed pleadings styled 22 "Motion for Judicial Review of ABCMR Decisions," 23 "Memorandum in Support of Leave to Re-File Document Styled Plaintiff 2nd Opposition," and 24 "Motion for Supboena." To the extent the first 22 Motion seeks relief that is different from that sought in his Complaint, he must file a new Complaint. The first 22 Motion is thus DENIED. To the extent he is seeking to file additional memoranda in this case, the matter is fully briefed, and the second 23 Motion is thus DENIED. The third 24 Motion is largely incomprehensible in asking the Court to order the IRS to release certain records. In the event the Motion to Dismiss is not successful, Plaintiff can raise appropriate discovery matters with the Court. At this point it is premature, and thus the third 24 Motion is DENIED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 1/27/2012. (lcjeb2) (Entered: 01/27/2012)
2012-02-0925REPLY to opposition to motion re 22 MOTION for Judicial Review of ABCMR decisions pursuant to section 10 APA filed by MORRIS J. PEAVEY. (td, ) (Entered: 02/10/2012)
2012-03-0126ENTERED IN ERROR.....ORDER granting 11 Motion to Dismiss. All claims are DISMISSED WITH PREJUDICE, with the exception of Plaintiff's claims against Defendants May and Kaldor and for any claim for review of the ABCMR's 2011 decision, which are DISMISSED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 3/1/2012. (lcjeb2) Modified on 3/2/2012 (ad). (Entered: 03/01/2012)
2012-03-0127MEMORANDUM OPINION to 28 Order. Signed by Judge James E. Boasberg on 3/1/2012. (lcjeb2) Modified on 3/2/2012 (ad). (Entered: 03/01/2012)
2012-03-01NOTICE OF CORRECTED DOCKET ENTRY: 26 Order on Motion to Dismiss was entered in error because the caption on the document was incorrect. Please see document 28 Order for the corrected Order. (ad) (Entered: 03/02/2012)
2012-03-0228ORDER granting 11 Motion to Dismiss. All claims are DISMISSED WITH PREJUDICE, with the exception of Plaintiff's claims against Defendants May and Kaldor and for any claim for review of the ABCMR's 2011 decision, which are DISMISSED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 3/2/2012. (lcjeb2) (Entered: 03/02/2012)
2012-03-21Leave to File Denied. Plaintiff's motion to enjoin the Secretary of Defense, Amended Complaint and Affidavit in support of Amended Complaint "Leave to file is DENIED" by Judge Boasberg (td, ) (Entered: 03/21/2012)
2012-04-05Leave to File Denied. Plaintiff's motion with excusable neglect to enter document indicating response to USDOJ/IRS in the alternative extension of 30 days to file NOA "Leave to file DENIED" by Judge J.E. Boasberg (td, ) (Entered: 04/09/2012)
2012-05-0929NOTICE OF APPEAL as to Order on Motion for Extension of Time to Answer, Order on Motion for Extension of Time to Answer, 28 Order, Order on Motion for Extension of Time to Answer by MORRIS J. PEAVEY. Filing fee $ 455, receipt number 4616048108. Fee Status: Fee Paid. Parties have been notified. (td, ) (Entered: 05/10/2012)
2012-05-1130Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 29 Notice of Appeal. (rdj) (Entered: 05/11/2012)
2012-06-06USCA Case Number 12-5163 for 29 Notice of Appeal, filed by MORRIS J. PEAVEY. (td, ) (Entered: 06/06/2012)
2012-08-1331ORDER of USCA to 29 Notice of Appeal, filed by MORRIS J. PEAVEY ; USCA ORDERED that the order to show cause be discharged; FURTHER ORDERED that this appeal be dismissed as untimely. Case Number 12-5163. (md, ) (Entered: 08/28/2012)
2012-09-1232LEAVE TO FILE DENIED as to MORRIS J. PEAVY. Signed by Judge James E. Boasberg on 09/12/2012. This document is unavailable as the Court denied its filing. "Case was previously Dismissed." (Attachments: # 1 Affidavit, # 2 Response) (dr) (Entered: 09/13/2012)
2012-12-0633MANDATE of USCA (certified copy) as to 29 Notice of Appeal, filed by MORRIS J. PEAVEY ; ORDERED that the order to show cause be discharged; FURTHER ORDERED that this appeal be dismissed as untimely. USCA Case Number 12-5163. (md, ) (Entered: 12/11/2012)
2014-06-3034NOTICE OF SUBSTITUTION OF COUNSEL by Wayne Holden Williams on behalf of All Defendants Substituting for attorney John Gowel (Williams, Wayne) (Entered: 06/30/2014)
2014-07-01NOTICE OF ERROR re 34 Substitution of Counsel; emailed to wayne.williams@usadoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Attorney John Gowel is not listed as counsel in this case. (td, ) (Entered: 07/01/2014)
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