Jones v. Government of the District of Columbia

Jones v. Government of the District of Columbia

Jones v. District of Columbia

Jones v. District of Columbia

322 F.Supp.3d 78

Jones v. District of Columbia

2019 WL 5690341

Jones v. District of Columbia

COMPLAINT Class Action against GOVERNMENT OF THE DISTRICT OF COLUMBIA with Jury Demand ( Filing fee $ 400 receipt number 0090-4768627) filed by RICHARD C. JONES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DC Mayor, # 3 Summons DC OAG)(Claiborne, William) (Entered: 12/07/2016)

Case Assigned to Judge Colleen Kollar-Kotelly. (sb)

SUMMONS (2) Issued Electronically as to District of Columbia Attorney General, and the District of Columbia Mayor. (Attachment: # 1 Consent Form)(sb) (Entered: 12/09/2016)

ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on December 9, 2016. (NS) (Entered: 12/09/2016)

Rule 4(m) Order. Signed by Judge Colleen Kollar-Kotelly on 2/8/2017. (lcckk3) (Entered: 02/08/2017)

Set/Reset Deadlines: Time to effectuate service upon party due by 3/7/2017. (dot)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 2/28/2017. (Claiborne, William) (Entered: 03/01/2017)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 2/28/2017. Answer due for ALL D.C. DEFENDANTS by 3/21/2017. (Claiborne, William) (Entered: 03/01/2017)

NOTICE OF ERROR re 6 Summons Returned Executed as to DC Attorney General; emailed to claibornelaw@gmail.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Affidavit shows date of service of March 28, 2017; Refile corrected affidavit with February 28, 2017 date of service as an ERRATA. (znmw, )

ERRATA DC OAG return of service by RICHARD JONES. (Claiborne, William) (Entered: 03/02/2017)

NOTICE of Appearance by Amanda Montee on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Montee, Amanda) (Entered: 03/03/2017)

NOTICE of Appearance by Ty Micha Johnson on behalf of All Defendants (Johnson, Ty) (Entered: 03/20/2017)

MOTION to Dismiss by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Montee, Amanda) (Entered: 03/21/2017)

MINUTE ORDER. The Court is in receipt of Defendant's 10 Motion to Dismiss. Plaintiff shall file a response to Defendant's Motion by no later than APRIL 5, 2017. Defendant shall file a reply by no later than APRIL 12, 2017. Signed by Judge Colleen Kollar-Kotelly on 3/22/2017. (lcckk3)

Set/Reset Deadlines: Plaintiff shall file a Response to 10 4/5/2017. Reply due by 4/12/2017. (dot)

MOTION for Extension of Time to file motion for class action treatment by RICHARD JONES (Attachments: # 1 Exhibit email on concent, # 2 Text of Proposed Order)(Claiborne, William) (Entered: 03/27/2017)

MINUTE ORDER. The Court is in receipt of Plaintiff's 11 Motion to Extend Deadline Nunc Pro Tunc for Filing Motion for Class Action Treatment. Defendant shall file a response to Plaintiff's Motion by no later than APRIL 11, 2017. Plaintiff shall file a reply by no later than APRIL 18, 2017. Signed by Judge Colleen Kollar-Kotelly on 3/29/2017. (lcckk3)

Set/Reset Deadlines: Defendant shall file Response to 11 by 4/11/2017. Reply due by 4/18/2017. (dot)

AMENDED COMPLAINT filed by right per Rule 15(a)(1)(B) against RICHARD JONES with Jury Demand filed by RICHARD JONES. (Attachments: # 1 Exhibit redlined copy of FAC showing changes from original)(Claiborne, William) (Entered: 04/05/2017)

1 Exhibit redlined copy of FAC showing changes from original

View on RECAP

MINUTE ORDER. The Court is in receipt of Plaintiff's 12 Amended Complaint, filed as a matter of course pursuant to Federal Rule of Civil Procedure 15(a) within 21 days after service of Defendant's 10 Motion to Dismiss. Defendant's 10 Motion to Dismiss is accordingly DENIED WITHOUT PREJUDICE AS MOOT. Defendant shall respond to Plaintiff's Amended Complaint by no later than APRIL 20, 2017. Signed by Judge Colleen Kollar-Kotelly on 4/6/2017. (lcckk3)

Set/Reset Deadlines: Answer to Amended Complaint due by 4/20/2017. (dot)

ENTERED IN ERROR......First AMENDED COMPLAINT against GOVERNMENT OF THE DISTRICT OF COLUMBIA with Jury Demand filed by RICHARD JONES. (Attachments: # 1 Exhibit Redlined Version)(td) Modified on 4/7/2017 (znmw). (Entered: 04/06/2017)

NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 13 Amended Complaint was entered in error as a duplicate of Docket Entry 12 Amended Complaint. (znmw)

Memorandum in opposition to re 11 MOTION for Extension of Time to file motion for class action treatment filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Johnson, Ty) (Entered: 04/11/2017)

NOTICE of Appearance by Lynn E. Cunningham on behalf of All Plaintiffs (Cunningham, Lynn) (Entered: 04/17/2017)

REPLY to opposition to motion re 11 MOTION for Extension of Time to file motion for class action treatment filed by RICHARD JONES. (Claiborne, William) (Entered: 04/18/2017)

MOTION to Dismiss by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Montee, Amanda) (Entered: 04/19/2017)

MINUTE ORDER. The Court is in receipt of Defendant's 17 Motion to Dismiss. Plaintiff shall file a response to Defendant's Motion by no later than MAY 3, 2017. Defendant shall file a reply by no later than MAY 10, 2017. Signed by Judge Colleen Kollar-Kotelly on 4/19/2017. (lcckk3)

Set/Reset Deadlines: Plaintiff's Response to 17 by 5/3/2017. Reply due by 5/10/2017. (dot)

Memorandum in opposition to re 17 MOTION to Dismiss First Amended Complaint filed by RICHARD JONES. (Claiborne, William) (Entered: 05/03/2017)

REPLY to opposition to motion re 17 MOTION to Dismiss filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Montee, Amanda) (Entered: 05/09/2017)

MOTION for Leave to File leave to present supplemental authorities re 18 Memorandum in Opposition by RICHARD JONES (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Claiborne, William) Modified event title on 10/10/2017 (znmw). (Entered: 10/06/2017)

RESPONSE re 20 MOTION for Leave to File Supplemental Authority filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Montee, Amanda) (Entered: 10/10/2017)

Case directly reassigned to Judge Dabney L. Friedrich. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr)

NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT OF THE DISTRICT OF COLUMBIA. Attorney Ty Micha Johnson terminated. (Johnson, Ty) (Entered: 01/18/2018)

NOTICE OF WITHDRAWAL OF APPEARANCE as to RICHARD JONES. Attorney Lynn E. Cunningham terminated. (Cunningham, Lynn) (Entered: 01/31/2018)

NOTICE of Appearance by Joshua Wade Dansby on behalf of All Defendants (Dansby, Joshua) (Entered: 02/05/2018)

ORDER granting in part and denying in part the defendant's 17 Motion to Dismiss. The defendant shall file an answer to the remaining allegations in the 12 Amended Complaint on or before September 5, 2018. See order for further details. Signed by Judge Dabney L. Friedrich on August 22, 2018. (lcdlf2) (Entered: 08/22/2018)

MEMORANDUM OPINION regarding the defendant's 17 Motion to Dismiss. Signed by Judge Dabney L. Friedrich on August 22, 2018. (lcdlf2) (Entered: 08/22/2018)

Set/Reset Deadlines: Defendant's answer to remaining allegations due by 9/5/2018. (jl) Modified on 8/22/2018 (zjl).

MOTION for Reconsideration re 26 Memorandum & Opinion by RICHARD JONES (Attachments: # 1 Text of Proposed Order)(Claiborne, William) (Entered: 08/30/2018)

ORDER denying the plaintiff's 11 Motion for Extension of Time to File a Motion for Class Action Treatment. See Order for additional details. Signed by Judge Dabney L. Friedrich on August 31, 2018. (lcdlf2). (Entered: 08/31/2018)

Defendant's ANSWER to 13 Amended Complaint by GOVERNMENT OF THE DISTRICT OF COLUMBIA.(Dansby, Joshua) (Entered: 09/05/2018)

RESPONSE re 27 MOTION for Reconsideration re 26 Memorandum & Opinion filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 09/13/2018)

REPLY to opposition to motion re 27 MOTION for Reconsideration re 26 Memorandum & Opinion filed by RICHARD JONES. (Claiborne, William) (Entered: 09/17/2018)

NOTICE OF SUBSTITUTION OF COUNSEL by Michael A. Tilghman on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA Substituting for attorney Amanda J. Montee (Tilghman, Michael) (Entered: 12/20/2018)

MINUTE ORDER. The Court has reviewed the plaintiff's 27 Motion for Reconsideration of the Court's August 22, 2018 memorandum opinion and order. The plaintiff limits his request for reconsideration to the Court's dismissal of his common-law claims. However, certain of the plaintiff's arguments, if accepted, would appear to impact the Court's holdings with respect to the plaintiff's Fourth Amendment claims. See Pl.s' Mot. for Recons. at 8 (arguing that "not every violation of a 4th Amendment requires a seizure or an 'arrest'"); id. at 9 (arguing that the plaintiff's return to the general population of D.C. jail was caused by his false imprisonment and that "[e]ven in the 4th Amendment context, neither Florence nor Bell ever suggested that arrestees and other prisoners lose their expectations of privacy in their bodies just because they are in jail"). The Court will therefore direct the parties to appear for a hearing at which they should be prepared to address both the merits of the plaintiffs' motion for reconsideration and its relationship, if any, to the Fourth Amendment claims previously dismissed. It is ORDERED that the parties shall file a joint status report on or before January 15, 2019 proposing at least three possible dates for such a hearing and indicating whether either party seeks permission to file supplemental briefing in advance of the hearing. Signed by Judge Dabney L. Friedrich on January 10, 2019. (lcdlf1)

Joint STATUS REPORT by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Tilghman, Michael) (Entered: 01/15/2019)

MINUTE ORDER. In light of the parties' 33 Joint Status Report, it is ORDERED that the parties shall appear for a hearing on March 28, 2019 at 10:00 A.M. in Courtroom 12. It is further ORDERED that the plaintiff's request to file a supplemental brief addressing the Court's January 10, 2019 Minute Order is GRANTED. It is further ORDERED that (1) the plaintiff shall file his supplemental brief on February 15, 2019; (2) the defendant shall file its response on or before March 8, 2019; and (3) the plaintiff shall file his reply on or before March 15, 2019. The Court expresses no view on the plaintiff's intention to file a second motion for reconsideration or on the timing or merits of such a motion. Should the plaintiff file such a motion, the defendant may, if it wishes, consolidate its response to such motion with its response to the plaintiff's supplemental brief. Signed by Judge Dabney L. Friedrich on January 16, 2019. (lcdlf1)

Set/Reset Deadlines/Hearings: Status Conference set for 3/28/2019 at 10:00 AM in Courtroom 12 before Judge Dabney L. Friedrich. (jl)

NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT OF THE DISTRICT OF COLUMBIA. Attorney Joshua Wade Dansby terminated. (Dansby, Joshua) (Entered: 01/18/2019)

SUPPLEMENTAL MEMORANDUM re 27 MOTION for Reconsideration re 26 Memorandum & Opinion filed by RICHARD JONES by RICHARD JONES. (Claiborne, William) Modified event title on 2/20/2019 (znmw). (Entered: 02/15/2019)

RESPONSE re 35 Memorandum filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Tilghman, Michael) (Entered: 03/08/2019)

REPLY to opposition to motion re 27 MOTION for Reconsideration re 26 Memorandum & Opinion filed by RICHARD JONES. (Claiborne, William) (Entered: 03/15/2019)

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Status Conference reset for 4/3/2019 at 10:30 AM in Courtroom 12 before Judge Dabney L. Friedrich. (zcdw)

NOTICE of Appearance by Scott Patrick Kennedy on behalf of All Defendants (Kennedy, Scott) (Entered: 04/02/2019)

Motion Hearing

Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 4/3/2019 re 27 MOTION for Reconsideration. Oral Arguments Was Presented By Both Parties. The Court Will Take This Matter Under Advisement. (Court Reporter SARA WICK.) (mac)

MEMORANDUM OPINION & ORDER granting the plaintiff's 27 Motion for Reconsideration. See text for details. Signed by Judge Dabney L. Friedrich on June 13, 2019. (lcdlf1) (Entered: 06/13/2019)

~Util - Set/Reset Deadlines

.Order

MINUTE ORDER. In light of the Court's June 13, 2019 39 Memorandum Opinion & Order, it is ORDERED that the parties shall file a joint status report on or before July 3, 2019 proposing a schedule for further proceedings, including a proposed deadline for the defendant to file an amended answer, if any. Signed by Judge Dabney L. Friedrich on June 28, 2019. (lcdlf1)

Joint STATUS REPORT by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Tilghman, Michael) (Entered: 07/03/2019)

.Order

Set/Reset Deadlines

MINUTE ORDER. Upon consideration of the parties' 40 Joint Status Report, it is ORDERED that the defendant shall file an amended answer, if any, to the plaintiff's amended complaint on or before July 17, 2019. It is further ORDERED that the parties shall confer in accordance with Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 16.3 and file, on or before July 31, 2019, a joint meet and confer report as set forth in Local Civil Rule 16.3(d). After receiving the joint meet and confer report, the Court will set a scheduling conference unless the Court determines, on the basis of the report, that a conference is unnecessary. See Local Civil Rule 16.4. Signed by Judge Dabney L. Friedrich on July 3, 2019. (lcdlf3)

NOTICE of Appearance by Brendan Russell Heath on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Heath, Brendan) (Entered: 07/03/2019)

Set/Reset Deadlines: Answer due by 7/17/2019. Meet & Confer Statement due by 7/31/2019. (zcal)

Amended ANSWER to 12 AMENDED Complaint with Jury Demand by GOVERNMENT OF THE DISTRICT OF COLUMBIA.(Tilghman, Michael) Modified on 7/17/2019 to add linkage (zrdj). (Entered: 07/17/2019)

MEET AND CONFER STATEMENT. (Claiborne, William) (Entered: 07/31/2019)

Notice of Hearing

NOTICE of Hearing: Telephone Conference set for 8/16/2019 at 09:30 AM in Courtroom 12 before Judge Dabney L. Friedrich. (zcal)

Telephone Conference

~Util - Set/Reset Deadlines

.Order

Minute Entry for proceedings held before Judge Dabney L. Friedrich: Telephone Status Conference held on 8/16/2019. Further Order to be issued by the Court. Court Reporter: Sara Wick. (zcal)

MINUTE ORDER. As ordered during the August 16, 2019 status conference, the parties shall file a joint status report on or before September 13, 2019. The following schedule shall govern further proceedings: fact discovery shall be completed on or before January 28, 2020; plaintiff's expert witness designations and diclosures shall be filed on or before March 13, 2020; defendant's rebuttal expert witness designations and disclosures shall be filed on or before April 13, 2020; and expert discovery shall be completed on or before June 12, 2020. It is further ORDERED that, on or before June 19, 2020, the parties shall file a joint post-discovery status report advising the Court whether (a) the parties request referral for mediation or settlement; (b) dispositive motions are anticipated and, if so, proposing a briefing schedule; or (c) the parties request a date for a pretrial conference. Before bringing a discovery dispute to the Court's attention the parties shall confer in good faith in an attempt to resolve the dispute informally. If the parties are unable to resolve the dispute informally, they shall jointly contact chambers at (202) 354-3400 to schedule a teleconference. Thereafter, the parties shall prepare a joint email to send to the Court at Friedrich_Chambers@dcd.uscourts.gov that provides a clear, concise description of the issues in dispute. So Ordered by Judge Dabney L. Friedrich on August 16, 2019. (lcdlf3) Modified on 9/13/2019 (zcal).

Set/Reset Deadlines: Plaintiff Rule 26(a)(2) due by 3/13/2020. Rebuttal due by 4/13/2020. Defendant Rule 26(a)(2) due by 4/13/2020. Post Discovery Joint Status Report due by 6/19/2020. (zcal)

Set/Reset Deadlines

Joint STATUS REPORT by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/13/2019)

.Order

Set/Reset Deadlines

MINUTE ORDER. Upon consideration of the parties 44 Joint Status Report, it is ORDERED that all deadlines in the Court's August 16, 2019 Minute Order are vacated. It is further ORDERED that if the parties do not file a stipulation of dismissal with prejudice by October 23, 2019, the parties shall file another joint status report on or before October 24, 2019. So Ordered by Judge Dabney L. Friedrich on September 13, 2019. (lcdlf3) Modified on 9/13/2019 (zcal).

Set/Reset Deadlines: Joint Status Report due by 10/24/2019. (zcal)

STIPULATION of Dismissal by RICHARD JONES. (Claiborne, William) (Entered: 10/16/2019)

.Order

MINUTE ORDER dismissing this case with prejudice in light of the parties' 45 Stipulation of Dismissal. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on October 17, 2019. (lcdlf3)