Case: Brown v. Transportation Security Administration

2:20-cv-00064 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Jan. 21, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

The Transportation Security Administration (TSA) and Drug Enforcement Administration (DEA) seized and confiscated $82,373 in cash from the plaintiff’s carry-on as she boarded a domestic flight in Pennsylvania in August 2019. Visiting her father for the weekend, she had learned that he had stored his life savings, in cash, in numerous envelopes hidden in his home. She offered to deposit the money in a new account she planned to create for him, but the cash was seized before she could deposit it.…

The Transportation Security Administration (TSA) and Drug Enforcement Administration (DEA) seized and confiscated $82,373 in cash from the plaintiff’s carry-on as she boarded a domestic flight in Pennsylvania in August 2019. Visiting her father for the weekend, she had learned that he had stored his life savings, in cash, in numerous envelopes hidden in his home. She offered to deposit the money in a new account she planned to create for him, but the cash was seized before she could deposit it. 

On January 21, 2020, she and her father filed this lawsuit in the United States District Court for the Western District of Pennsylvania, alleging that the agencies had confiscated her father's property without suspecting or accusing her of a crime. The plaintiffs, represented by the Institute for Justice, claimed that the TSA had acted beyond its statutory authority (49 U.S.C. §114 and §§44901-2), and that both the TSA and the DEA had violated her Fourth Amendment rights, by confiscating her property without probable cause. The case was assigned to District Judge Marilyn J. Horan and referred to Magistrate Judge Lisa Pupo Lenihan.
 
The plaintiffs sought certification of two classes: a “TSA Class” of air travelers from January 15, 2014 onward whose property or person was seized by the TSA because of a "large amount" of currency in their possession; and a “DEA Class” of air travelers from January 15, 2014 onward whose property was seized by the DEA because they were traveling with at least $5,000 in currency. For both classes, the plaintiffs sought class-wide declaratory and injunctive relief against the agencies. Individually, they sought the return of the $82,373, along with compensatory damages and costs and fees.
 
In February 2020, the DEA offered, without explanation, to return the money.
 
On May 29, 2020, the agencies moved to dismiss for lack of jurisdiction and failure to state a claim. Magistrate Judge Lenihan recommended that the agencies' motions to dismiss be denied in part and granted in part on January 7, 2021.
 
Magistrate Judge Lenihan rejected the agencies' argument that only the United States Court of Appeals for the Federal Circuit had jurisdiction over this case, finding that the district court had jurisdiction because the plaintiffs were challenging an informal TSA policy rather than a formal administrative order. Magistrate Judge Lenihan also concluded that the plaintiffs’ allegations of cash seizures qualified for standing under a substantial risk standard. The forty alleged incidents of cash seizures suggested a regular pattern of conduct sufficient to survive the government's motion to dismiss.
 
Magistrate Judge Lenihan further recommended that plaintiffs' claim against the individual agent responsible for the seizure did not appear sufficient to overcome the agent’s qualified immunity defense and should therefore be dismissed. Finally, the plaintiff's claim for relief in the form of lost interest on the confiscated $82,373 should be dismissed because the United States is immune from interest awards.
 
On March 30, 2021, Judge Horan adopted Magistrate Judge Lenihan's recommendations regarding the dismissed claims. As of March 9, 2022, the parties were proceeding through discovery.

Summary Authors

Gregory Marsh (6/9/2020)

Ethan Haughie (3/9/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16702479/parties/brown-v-transportation-security-adminstration/


Judge(s)

Lenihan, Lisa Pupo (Pennsylvania)

Attorneys(s) for Plaintiff

Alban, Dan (Virginia)

Hoover, Richard (Virginia)

Tsitsuashvili, Jaba (California)

Attorneys(s) for Defendant

D'Orazio, Larry (Virginia)

Inkeles, David W (District of Columbia)

Tulis, Elizabeth (New York)

Judge(s)

Lenihan, Lisa Pupo (Pennsylvania)

Attorneys(s) for Plaintiff

Alban, Dan (Virginia)

Hoover, Richard (Virginia)

Tsitsuashvili, Jaba (California)

Attorneys(s) for Defendant

D'Orazio, Larry (Virginia)

Inkeles, David W (District of Columbia)

Tulis, Elizabeth (New York)

Documents in the Clearinghouse

Document

2:20-cv-00064

Docket [PACER]

May 17, 2020

May 17, 2020

Docket
1

2:20-cv-00064

Class Complaint for Class-Wide Declaratory and Injunctive Relief and for Individual Relief of Return of Property and Compensatory Damages

Jan. 15, 2020

Jan. 15, 2020

Complaint

[DEA Letter]

No Court

Feb. 8, 2020

Feb. 8, 2020

Correspondence
66

2:20-cv-00064

Report and Recommendation on Defendants' Motion to Dismiss

2021 WL 1215819

Jan. 7, 2021

Jan. 7, 2021

Magistrate Report/Recommendation
78

2:20-cv-00064

Opinion of the Court

2021 WL 1206537

March 30, 2021

March 30, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16702479/brown-v-transportation-security-adminstration/

Last updated Aug. 10, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against UTTAM DHILLON, DRUG ENFORCEMENT ADMINISTRATION, "STEVE" LAST NAME UNKOWN, DAVID P. PEKOSKE, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA (Filing fee, including Administrative fee, $400, receipt number 0315-5428120), filed by AUGUST TERRENCE ROLIN, REBECCA BROWN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to Transportation Security Adminstration Office of Chief Counsel, TSA-2, # 3 Summons as to Transportation Security Administration, c/o Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania, # 4 Summons as to Transportation Security Administration, c/o Attorney General William Barr, # 5 Summons as to David Pekoske, Administrator, Transportation Security Administration c/o Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania, # 6 Summons as to David Pekoske, Administrator Transportation Security Administration Office of Chief Counsel, # 7 Summons as to David Pekoske, Administrator, Transportation Security Administration c/o Attorney General William Barr, # 8 Summons as to Drug Enforcement Administration, Pittsburgh District Office, # 9 Summons as to Drug Enforcement Administration, Office of Chief Counsel, # 10 Summons as to Drug Enforcement Administration, c/o Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania, # 11 Summons as to Drug Enforcement Administration, c/o Attorney General William Barr, # 12 Summons as to Uttam Dhillon, Acting Administrator Drug Enforcement Administration, Office of Chief Counsel, # 13 Summons as to Uttam Dhillon, Acting Administrator, Drug Enforcement Administration, c/o Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania, # 14 Summons as to Uttam Dhillon, Acting Administrator, Drug Enforcement Administration, c/o Attorney General William Barr, # 15 Summons as to Steve Last Name Unknown, Agent, Drug Enforcement Administration, Pittsburgh District Office, # 16 Summons as to Steve Last Name Unknown, Agent, Drug Enforcement Administration, Office of Chief Counsel, # 17 Summons as to Steve Last Name Unknown, Agent, Drug Enforcement Administration, c/o Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania, # 18 Summons as to Steve Last Name Unknown, Agent, Drug Enforcement Administration, c/o Attorney General William Barr, # 19 Summons as to United States of America, c/o Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania, # 20 Summons as to United States of America, c/o Attorney General William Barr) (jv) (Entered: 01/16/2020)

1 Civil Cover Sheet

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2 Summons as to Transportation Security Adminstration Office of Chief Counsel, TSA

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3 Summons as to Transportation Security Administration, c/o Scott W. Brady, U.S. A

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4 Summons as to Transportation Security Administration, c/o Attorney General Willi

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5 Summons as to David Pekoske, Administrator, Transportation Security Administrati

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6 Summons as to David Pekoske, Administrator Transportation Security Administratio

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7 Summons as to David Pekoske, Administrator, Transportation Security Administrati

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8 Summons as to Drug Enforcement Administration, Pittsburgh District Office

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9 Summons as to Drug Enforcement Administration, Office of Chief Counsel

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10 Summons as to Drug Enforcement Administration, c/o Scott W. Brady, U.S. Attorney

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11 Summons as to Drug Enforcement Administration, c/o Attorney General William Barr

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12 Summons as to Uttam Dhillon, Acting Administrator Drug Enforcement Administratio

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13 Summons as to Uttam Dhillon, Acting Administrator, Drug Enforcement Administrati

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14 Summons as to Uttam Dhillon, Acting Administrator, Drug Enforcement Administrati

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15 Summons as to Steve Last Name Unknown, Agent, Drug Enforcement Administration, P

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16 Summons as to Steve Last Name Unknown, Agent, Drug Enforcement Administration, O

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17 Summons as to Steve Last Name Unknown, Agent, Drug Enforcement Administration, c

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18 Summons as to Steve Last Name Unknown, Agent, Drug Enforcement Administration, c

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19 Summons as to United States of America, c/o Scott W. Brady, U.S. Attorney for th

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20 Summons as to United States of America, c/o Attorney General William Barr

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Jan. 15, 2020

Jan. 15, 2020

Clearinghouse
2

MOTION for attorney Daniel L. Alban to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5430562) by REBECCA BROWN, AUGUST TERRENCE ROLIN. (Attachments: # 1 Affidavit of Dan Alban, # 2 Proposed Order) (Alban, Daniel) (Entered: 01/16/2020)

1 Affidavit of Dan Alban

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2 Proposed Order

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Jan. 16, 2020

Jan. 16, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Jan. 16, 2020

Jan. 16, 2020

PACER
3

MOTION for attorney Jaba Tsitsuashvili to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5430596) by REBECCA BROWN, AUGUST TERRENCE ROLIN. (Attachments: # 1 Affidavit of Jaba Tsitsuashvili, # 2 Proposed Order) (Tsitsuashvili, Jaba) (Entered: 01/16/2020)

1 Affidavit of Jaba Tsitsuashvili

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2 Proposed Order

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Jan. 16, 2020

Jan. 16, 2020

PACER
4

MOTION for attorney Richard Hoover to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5430606) by REBECCA BROWN, AUGUST TERRENCE ROLIN. (Attachments: # 1 Affidavit of Richard Hoover, # 2 Proposed Order) (Hoover, Richard) (Entered: 01/16/2020)

1 Affidavit of Richard Hoover

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2 Proposed Order

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Jan. 16, 2020

Jan. 16, 2020

PACER
5

ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, as more fully stated in said order. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/16/2020. (jmb) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
6

ORDER GRANTING the 2 Motion for Daniel L. Alban to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/16/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
7

ORDER GRANTING the 3 Motion for Jaba Tsitsuashvili to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/16/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
8

ORDER GRANTING the 4 Motion for Ricahrd Hoover to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/16/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
9

Summons Issued as to TRANSPORTATION SECURITY ADMINSTRATION (Main Documents is to Chief Counsel) (Attachments: # 1 Summons as Scott Brady issued, # 2 Summons as to William Barr issued) (jv) (Entered: 01/17/2020)

1 Summons as Scott Brady issued

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2 Summons as to William Barr issued

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Jan. 17, 2020

Jan. 17, 2020

PACER
10

Summons Issued as to DAVID P. PEKOSKE (Main Documents is Summon as to Chief Counsel issued) (Attachments: # 1 Summons as to Scott Brady issued, # 2 Proposed Order as to William Barr issued) (jv) (Entered: 01/17/2020)

1 Summons as to Scott Brady issued

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2 Proposed Order as to William Barr issued

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Jan. 17, 2020

Jan. 17, 2020

PACER
11

Summons Issued as to DRUG ENFORCEMENT ADMINISTRATION (Main Document is Summons as to Pittsburgh District Office issued) (Attachments: # 1 Summons as to Chief Councel issued, # 2 Summons as to Scott Brady issued, # 3 Summons as to William Barr issued) (jv) (Entered: 01/17/2020)

1 Summons as to Chief Councel issued

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2 Summons as to Scott Brady issued

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3 Summons as to William Barr issued

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Jan. 17, 2020

Jan. 17, 2020

PACER
12

Summons Issued as to UTTAM DHILLON (Main Document is Summons as to Chief Counsel) (Attachments: # 1 Summons as to Scott Brady issued, # 2 Summons as to William Barr issued) (jv) (Entered: 01/21/2020)

1 Summons as to Scott Brady issued

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2 Summons as to William Barr issued

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Jan. 21, 2020

Jan. 21, 2020

PACER
13

Summons Issued as to "STEVE" LAST NAME UNKOWN (Main Document is Summons issued as to Pittsburgh District Office) (Attachments: # 1 Summons as to Chief Counsel issued, # 2 Summons as to Scott Brady issued, # 3 Summons as to William Barr issued) (jv) (Entered: 01/21/2020)

1 Summons as to Chief Counsel issued

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2 Summons as to Scott Brady issued

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3 Summons as to William Barr issued

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Jan. 21, 2020

Jan. 21, 2020

PACER
14

Summons Issued as to UNITED STATES OF AMERICA (Main Document is as to Scott Brady issued) (Attachments: # 1 Summons as to William Barr issued) (jv) (Entered: 01/21/2020)

1 Summons as to William Barr issued

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Jan. 21, 2020

Jan. 21, 2020

PACER
15

SUMMONS/Return of Service Returned Executed by AUGUST TERRENCE ROLIN, REBECCA BROWN. TRANSPORTATION SECURITY ADMINSTRATION served on 1/24/2020, answer due 2/14/2020. (Attachments: # 1 Transportation Security Administration Proof of Service (c/o Office of Chief Counsel), # 2 Transportation Security Administration Proof of Service (c/o William Barr))) (Alban, Daniel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
16

SUMMONS/Return of Service Returned Executed by AUGUST TERRENCE ROLIN, REBECCA BROWN. DAVID P. PEKOSKE served on 1/24/2020, answer due 2/14/2020. (Attachments: # 1 David Pekoske (Office of Chief Counsel), # 2 David Pekoske (William Barr)) (Alban, Daniel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
17

SUMMONS/Return of Service Returned Executed by AUGUST TERRENCE ROLIN, REBECCA BROWN. DRUG ENFORCEMENT ADMINISTRATION served on 1/24/2020, answer due 2/14/2020. (Attachments: # 1 Drug Enforcement Administration (c/o Office of Chief Counsel), # 2 Drug Enforcement Administration (District Office), # 3 Drug Enforcement Administration (c/o William Barr)) (Alban, Daniel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
18

SUMMONS/Return of Service Returned Executed by AUGUST TERRENCE ROLIN, REBECCA BROWN. UTTAM DHILLON served on 1/24/2020, answer due 2/14/2020. (Attachments: # 1 Uttam Dhillon (c/o Office of Chief Counsel), # 2 Uttam Dhillon (c/o William Barr)) (Alban, Daniel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
19

SUMMONS/Return of Service Returned Executed by AUGUST TERRENCE ROLIN, REBECCA BROWN. "STEVE" LAST NAME UNKOWN served on 1/24/2020, answer due 2/14/2020. (Attachments: # 1 "Steve" Last Name Unknown (c/o Office of Chief Counsel), # 2 "Steve" Last Name Unknown (District Office), # 3 "Steve" Last Name Unknown (c/o William Barr)) (Alban, Daniel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
20

SUMMONS/Return of Service Returned Executed by AUGUST TERRENCE ROLIN, REBECCA BROWN. UNITED STATES OF AMERICA served on 1/24/2020, answer due 3/24/2020. (Attachments: # 1 United States of America (c/o William Barr)) (Alban, Daniel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
21

NOTICE of Appearance by Elizabeth Tulis on behalf of UTTAM DHILLON, DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Tulis, Elizabeth) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
22

Stipulation for Extension of Time to Answer by DAVID P. PEKOSKE, UTTAM DHILLON, DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES OF AMERICA, TRANSPORTATION SECURITY ADMINSTRATION Answer due from DAVID P. PEKOSKE on 5/8/2020; UTTAM DHILLON on 5/8/2020; DRUG ENFORCEMENT ADMINISTRATION on 5/8/2020; UNITED STATES OF AMERICA on 5/8/2020; TRANSPORTATION SECURITY ADMINSTRATION on 5/8/2020. (Tulis, Elizabeth) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
23

ORDER. It is hereby ORDERED that the Motion to Stay filed at 2:20-mc-394 (ECF No. 2) is hereby GRANTED IN PART. It is further ORDERED, for the reasons as set forth herein, that as to the civil actions set forth in Exhibit "A", all filing/scheduling/ADR/discovery response deadlines, and all other case management/administration obligations and deadlines of the parties, in such listed actions are held in abeyance from the date of this Order until and including 4/16/20, unless that period of abeyance is modified by subsequent Order of the undersigned or of the judicial officer assigned to any such civil action. It is further ORDERED as set forth herein. Signed by Chief Judge Mark R. Hornak on 3/17/20. (Attachments: # 1 Exhibit A) (bdb) (Entered: 03/17/2020)

1 Exhibit A

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March 17, 2020

March 17, 2020

PACER
24

CERTIFICATE of Service re 23 Order by Virginia Spencer Scott on behalf of TRANSPORTATION SECURITY ADMINSTRATION (Scott, Virginia) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER

IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)

March 28, 2020

March 28, 2020

PACER
25

SUMMONS/Return of Service Returned Executed by AUGUST TERRENCE ROLIN, REBECCA BROWN. "STEVE" LAST NAME UNKOWN served on 3/26/2020, answer due 5/26/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Alban, Daniel) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER

IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)

April 26, 2020

April 26, 2020

PACER
26

Consent MOTION for Extension of Time to File Answer re 1 Complaint, filed by REBECCA BROWN, AUGUST TERRENCE ROLIN by UTTAM DHILLON, DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 04/28/2020)

1 Proposed Order

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April 28, 2020

April 28, 2020

PACER
27

ORDER GRANTING the 26 Motion for Extension of Time to Respond to Complaint. IT IS FURTHER ORDERED that the Government Defendants shall file their answer or motion under Fed.R.Civ.P.12 by May 29, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/29/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

Order on Motion for Extension of Time to File Answer

April 29, 2020

April 29, 2020

PACER
28

NOTICE of Appearance by David W. Inkeles on behalf of "STEVE" LAST NAME UNKOWN. (Inkeles, David) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
29

Stipulation for Extension of Time to Answer by "STEVE" LAST NAME UNKOWN Answer due from "STEVE" LAST NAME UNKOWN on 5/29/2020. (Attachments: # 1 Proposed Order) (Inkeles, David) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)

May 17, 2020

May 17, 2020

PACER
30

MOTION for attorney David Inkeles to Appear Pro Hac Vice, (Filing fee $70 by "STEVE" LAST NAME UNKOWN. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order) (Inkeles, David) (Entered: 05/21/2020)

1 Affidavit

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2 Exhibit A

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3 Exhibit B

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4 Proposed Order

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May 21, 2020

May 21, 2020

PACER
31

ORDER GRANTING the 30 Motion for David W. Inkeles to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER

Order on Motion to Appear Pro Hac Vice

May 21, 2020

May 21, 2020

PACER
32

ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge no later than June 19, 2020. The applicable form is available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. Any party who has filed a Consent to Trial by a Magistrate Judge or District Judge form does not need to refile it. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/29/2020. (Attachments: # 1 Exhibit Consent Form) (jmb) (Entered: 05/29/2020)

1 Exhibit Consent Form

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May 29, 2020

May 29, 2020

PACER
33

MOTION to Dismiss by "STEVE" LAST NAME UNKOWN. (Attachments: # 1 Proposed Order, # 2 Certification of Counsel) (Inkeles, David) (Entered: 05/29/2020)

1 Proposed Order

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2 Certification of Counsel

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May 29, 2020

May 29, 2020

PACER
34

BRIEF in Support re 33 Motion to Dismiss filed by "STEVE" LAST NAME UNKOWN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Inkeles, David) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
35

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by UTTAM DHILLON, DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order, # 2 Exhibit - Certification of Counsel) (Tulis, Elizabeth) (Entered: 05/29/2020)

1 Proposed Order

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2 Exhibit - Certification of Counsel

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May 29, 2020

May 29, 2020

PACER
36

BRIEF in Support re 35 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim, filed by UTTAM DHILLON, DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Tulis, Elizabeth) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
37

DECLARATION re 35 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by UTTAM DHILLON, DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES OF AMERICA Affiant: Vicki L. Rashid. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Tulis, Elizabeth) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
38

Consent MOTION for Extension of Time to Amend 1 Complaint, Consent MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 33 MOTION to Dismiss by REBECCA BROWN, AUGUST TERRENCE ROLIN. (Attachments: # 1 Proposed Order) (Alban, Daniel) (Entered: 06/09/2020)

1 Proposed Order

View on PACER

June 9, 2020

June 9, 2020

PACER
39

ORDER GRANTING the 38 Consent Motion for Extensions of Time. Plaintiffs shall file an amended complaint or a response to Defendants' pending motions to dismiss no later than July 17, 2020. If Plaintiffs file an amended complaint, Defendants shall file their respective answers or motions pursuant to Fed. R. Civ. P. 12 on or before August 28, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 06/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Extension of Time to Amend

June 10, 2020

June 10, 2020

PACER
40

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by "STEVE" LAST NAME UNKOWN. (Inkeles, David) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
41

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by UTTAM DHILLON, DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Tulis, Elizabeth) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
42

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by REBECCA BROWN, AUGUST TERRENCE ROLIN. (Alban, Daniel) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
43

First AMENDED COMPLAINT against DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA, TIMOTHY J. SHEA and STEVE DAWKIN filed by AUGUST TERRENCE ROLIN, REBECCA BROWN, STACY JONES-NASR, MATTHEW BERGER. (Alban, Daniel) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
44

ORDER DISMISSING AS MOOT the (ECF Nos. 33 and 35 ) Motions to Dismiss. A (ECF No. 43 ) First Amended Complaint was filed on 7/17/2020, rendering these motions MOOT. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER

Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss AND Order on Motion to Dismiss/Lack of Jurisdiction

July 28, 2020

July 28, 2020

PACER

Order on Motion to Dismiss AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction

July 28, 2020

July 28, 2020

PACER

Order on Motion to Dismiss AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim

July 28, 2020

July 28, 2020

PACER
45

Joint MOTION for Extension of Time to File Answer or Motion to Dismiss and for Plaintiffs to File an Opposition to a Motion to Dismiss by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 08/20/2020)

1 Proposed Order

View on PACER

Aug. 20, 2020

Aug. 20, 2020

PACER
46

MOTION to Withdraw as Attorney by MATTHEW BERGER, REBECCA BROWN, STACY JONES-NASR, AUGUST TERRENCE ROLIN. (Attachments: # 1 Proposed Order) (Hoover, Richard) (Entered: 08/20/2020)

1 Proposed Order

View on PACER

Aug. 20, 2020

Aug. 20, 2020

PACER
47

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE INDIVIDUAL-CAPACITY CLAIM IN THE FIRST AMENDED COMPLAINT by STEVE DAWKIN. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Counsel) (Inkeles, David) (Entered: 08/28/2020)

1 Text of Proposed Order

View on PACER

2 Certification of Counsel

View on PACER

Aug. 28, 2020

Aug. 28, 2020

PACER
48

BRIEF in Support re 47 Motion to Dismiss for Failure to State a Claim the Individual-Capacity Claim in the First Amended Complaint filed by STEVE DAWKIN. (Attachments: # 1 Exhibit A) (Inkeles, David) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
49

ORDER GRANTING the 46 Motion to Withdraw as Attorney. Attorney Richard Hoover terminated. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/29/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 08/29/2020)

Aug. 29, 2020

Aug. 29, 2020

PACER
50

ORDER GRANTING the 45 Joint Motion for Extension of Time for Government Defendants to Answer or Move to Dismiss the First Amended Complaint and for Plaintiffs to File an Opposition to a Motion to Dismiss. It is further ORDERED that the Government Defendants shall file their answer to the first amended complaint or motion under Fed. R. Civ. P. 12 by September 18, 2020, and the Plaintiffs shall file their opposition to a motion under Fed. R. Civ. P. 12 by October 30, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/29/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 08/29/2020)

Aug. 29, 2020

Aug. 29, 2020

PACER

Order on Motion to Withdraw as Attorney

Aug. 29, 2020

Aug. 29, 2020

PACER

Order on Motion for Extension of Time to File Answer

Aug. 29, 2020

Aug. 29, 2020

PACER
51

Consent MOTION for Leave to File Excess Pages by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 09/14/2020)

1 Proposed Order

View on PACER

Sept. 14, 2020

Sept. 14, 2020

PACER

Magistrate Judge Lisa Pupo Lenihan no longer presiding in case. (nll)

Sept. 14, 2020

Sept. 14, 2020

PACER

Judge Marilyn J. Horan presiding. Magistrate Judge Lisa Pupo Lenihan referred. (nll)

Sept. 14, 2020

Sept. 14, 2020

PACER
52

ORDER GRANTING the 51 Motion for Enlargement of Page Limit. IT IS FURTHER ORDERED that the page limit for the Government Defendants' brief in support of their anticipated motion to dismiss is enlarged to 30 pages, and that the page limit for Plaintiffs opposition brief is also enlarged to 30 pages. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/15/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

Order on Motion for Leave to File Excess Pages

Sept. 15, 2020

Sept. 15, 2020

PACER
53

RESPONSE IN OPPOSITION to 47 Motion to Dismiss for Failure to State a Claim, 48 Brief in Support of Motion, filed by MATTHEW BERGER, REBECCA BROWN, STACY JONES-NASR, AUGUST TERRENCE ROLIN. (Alban, Daniel) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
54

MOTION for Extension of Time to File Response/Reply as to 53 Response in Opposition by STEVE DAWKIN. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Inkeles, David) (Entered: 09/18/2020)

1 Proposed Order

View on PACER

Sept. 18, 2020

Sept. 18, 2020

PACER
55

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure To State a Claim on Which Relief May Be Granted re 43 Amended Complaint, by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 09/18/2020)

1 Proposed Order

View on PACER

Sept. 18, 2020

Sept. 18, 2020

PACER
56

BRIEF in Support re 55 Motion to Dismiss, filed by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Tulis, Elizabeth) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
57

Errata re 56 Brief in Support of Motion to Dismiss by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. Reason for Correction: typographical error on cover page and formatting problem in table of contents. (Tulis, Elizabeth) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
58

ORDER GRANTING 54 Defendant Steven W. Dawkin's Unopposed Motion for a One Week Extension of Time to File His Reply Brief in Support of His Motion to Dismiss. Defendant Dawkin shall file any reply brief in support of his motion to dismiss the individual-capacity claim asserted against him in the amended complaint by Friday, October 2, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

Sept. 21, 2020

Sept. 21, 2020

PACER
59

Unopposed MOTION for Leave to File Excess Pages by STEVE DAWKIN. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Inkeles, David) (Entered: 09/30/2020)

1 Proposed Order

View on PACER

Sept. 30, 2020

Sept. 30, 2020

PACER
60

ORDER granting 59 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/1/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER

Order on Motion for Leave to File Excess Pages

Oct. 1, 2020

Oct. 1, 2020

PACER
61

REPLY BRIEF re 53 Response in Opposition to the Motion to Dismiss the Individual-Capacity Claim filed by STEVE DAWKIN. (Inkeles, David) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
62

RESPONSE IN OPPOSITION to 57 Errata, 56 Brief in Support of Motion, filed by MATTHEW BERGER, REBECCA BROWN, STACY JONES-NASR, AUGUST TERRENCE ROLIN. (Alban, Daniel) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
63

Consent MOTION for Extension of Time to File Response/Reply, MOTION for Leave to File Excess Pages by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 11/12/2020)

1 Proposed Order

View on PACER

Nov. 12, 2020

Nov. 12, 2020

PACER
64

ORDER GRANTING the 63 Consent Motion for Enlargement of Page Limit and Extension of Time for Government Defendants to File Reply. IT IS FURTHER ORDERED that the page limit for the Government Defendants' reply in support of their motion to dismiss is enlarged to 15 pages, and the deadline for the Government Defendants to file their reply is extended to November 20, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/13/2020. (jmb) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
65

REPLY BRIEF re 55 Motion to Dismiss, Reply Memorandum of Law in Further Support of the Government Defendants' Motion to Dismiss filed by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Tulis, Elizabeth) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
66

REPORT AND RECOMMENDATION re 55 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure To State a Claim on Which Relief May Be Granted re 43 Amended Complaint, filed by TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA, TIMOTHY J. SHEA, DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, AND re 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re THE INDIVIDUAL-CAPACITY CLAIM IN THE FIRST AMENDED COMPLAINT filed by STEVE DAWKIN. Objections to R&R due by 1/21/2021 Signed by Magistrate Judge Lisa Pupo Lenihan on 01/07/21. (jer) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

Clearinghouse
67

Joint MOTION for Extension of Time to File Objections to Report and Recommendation on Defendants' Motion to Dismiss by MATTHEW BERGER, REBECCA BROWN, STACY JONES-NASR, AUGUST TERRENCE ROLIN. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Alban, Daniel) (Entered: 01/13/2021)

1 Proposed Order

View on PACER

Jan. 13, 2021

Jan. 13, 2021

PACER
68

ORDER granting 67 Motion for Extension of Time to File Objections to Report and Recommendation. Signed by Judge Marilyn J. Horan on 1/14/2021. (dmm) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
69

NOTICE of Appearance by Galen Thorp on behalf of DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Thorp, Galen) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
70

OBJECTIONS to 66 Report and Recommendation on Defendants' Motions to Dismiss filed by STEVE DAWKIN. (Inkeles, David) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
71

OBJECTIONS to 66 Report and Recommendation filed by MATTHEW BERGER, REBECCA BROWN, STACY JONES-NASR, AUGUST TERRENCE ROLIN. (Alban, Daniel) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
72

OBJECTIONS to 66 Report and Recommendation filed by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. (Thorp, Galen) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
73

RESPONSE to 71 Objections to Report and Recommendation, filed by STEVE DAWKIN. (Inkeles, David) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
74

RESPONSE IN OPPOSITION to 70 Objections to Report and Recommendation, filed by MATTHEW BERGER, REBECCA BROWN, STACY JONES-NASR, AUGUST TERRENCE ROLIN. (Alban, Daniel) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
75

RESPONSE IN OPPOSITION to 72 Objections to Report and Recommendation, filed by MATTHEW BERGER, REBECCA BROWN, STACY JONES-NASR, AUGUST TERRENCE ROLIN. (Alban, Daniel) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
76

Nunc Pro Tunc MOTION for attorney Elizabeth Tulis to Appear Pro Hac Vice, (Filing fee $70 by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Affidavit for Admission Pro Hac Vice of Elizabeth Tulis, # 2 Exhibit A, # 3 Proposed Order) (Tulis, Elizabeth) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
77

ORDER GRANTING the 76 Nunc Pro Tunc Motion for Admission Pro Hac Vice attorney for Elizabeth Tulis. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/25/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER

Order on Motion to Appear Pro Hac Vice

March 25, 2021

March 25, 2021

PACER
78

MEMORANDUM OPINION ADOPTING in part and REJECTING in part 66 Report and Recommendation dated January 7, 2021. The Government Defendants' Motion to Dismiss will be DENIED as to Counts I through III and GRANTED as to Count IV. Agent Dawkin's Motion to Dismiss at Count V will be GRANTED. A separate Order to follow. Signed by Judge Marilyn J. Horan on 3/30/2021. (dmm) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

Clearinghouse
79

ORDER ADOPTING in part and REJECTING in part 66 Report and Recommendation. Government Defendants' 55 Motion to Dismiss for Failure to State a Claim is DENIED as to Counts I through III and GRANTED as to Count IV. Agent Dawkin's 47 Motion to Dismiss for Failure to State a Claim is GRANTED as to Count V. Signed by Judge Marilyn J. Horan on 3/30/2021. (dmm) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

RECAP
80

ORDER that the Initial Case Management Conference in this matter will be held via telephone on April 22, 2021, at 10:00 AM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. IT IS FURTHER ORDERED that the parties file a Rule 26(f) Report no later than two days before the scheduled conference. IT IS FURTHER ORDERED that the parties file the Stipulation Selecting ADR Process no later than two days before the scheduled conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/31/2021. (Attachments: # 1 Exhibit ADR Form) (jmb) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER
81

Consent MOTION for Extension of Time to File Answer re 43 Amended Complaint, filed by REBECCA BROWN, STACY JONES-NASR, AUGUST TERRENCE ROLIN, MATTHEW BERGER by DRUG ENFORCEMENT ADMINISTRATION, DAVID P. PEKOSKE, TIMOTHY J. SHEA, TRANSPORTATION SECURITY ADMINSTRATION, UNITED STATES OF AMERICA. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
82

ORDER GRANTING the 81 Consent Motion to Extend Time to file Answer. The government Defendants' deadline to file their answer is extended to May 13, 2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/14/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 21, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An individual from whom tens of thousands of dollars in cash was confiscated by TSA and DEA at an airport, on behalf of themselves and others similarly situated.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Transportation Security Administration (- United States (national) -), Federal

Drug Enforcement Administration (- United States (national) -), Federal

Drug Enforcement Administration, Federal

Transportation Security Administration, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Forfeiture

Pattern or Practice

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