Case: Rogers v. Vilsack

U.S. Court of Appeals for the Tenth Circuit

Mountain States Legal Foundation

Mountain States Legal Foundation

COMPLAINT against Zach Ducheneaux, Thomas J. Vilsack (Filing fee $ 402,Receipt Number 1082-7937497)Attorney Corey Christopher Bartkus added to party Sara M Rogers(pty:pla), filed by Sara M Rogers. (Attachments: # 1 Civil Cover Sheet, # 2 Continuation of Main Document Notice of Related Cases, # 3 Summons Thomas J. Vilsack, # 4 Summons Ducheneaux)(Bartkus, Corey) (Entered: 06/29/2021)

Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (jsalz, ) (Entered: 06/30/2021)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (jsalz, ) (Entered: 06/30/2021)

ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 7/6/2021. Text Only Entry (dddlc3, ) (Entered: 07/06/2021)

Order Referring Case to Magistrate Judge

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Sara M Rogers All parties do not consent.. (Bartkus, Corey) (Entered: 07/14/2021)

SUMMONS Returned Executed upon defendant(s) Thomas J. Vilsack served on 7/8/2021, answer due 9/6/2021. (Bartkus, Corey) (Entered: 07/14/2021)

SUMMONS Returned Executed upon defendant(s) Zach Ducheneaux served on 7/8/2021, answer due 9/6/2021. (Bartkus, Corey) (Entered: 07/14/2021)

MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Newton, Emily) (Entered: 07/19/2021)

ORDER REFERRING MOTION: 8 MOTION to Stay Proceedings filed by Thomas J. Vilsack, Zach Ducheneaux. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 7/22/2021. Text Only Entry (dddlc3, ) (Entered: 07/22/2021)

RESPONSE to 8 MOTION to Stay Proceedings filed by Plaintiff Sara M Rogers. (Attachments: # 1 Exhibit Exh 1 - A Career Counselors Guide to Lateral Hiring at DOJ, # 2 Exhibit Exh 2 - Order Denying Motion to Stay, # 3 Exhibit Exh 3 - Choose Justice - Guide to U.S. DOJ for Law Students and Exp. Attorneys)(Bartkus, Corey) (Entered: 08/09/2021)

REPLY to Response to 8 MOTION to Stay Proceedings filed by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Newton, Emily) (Entered: 08/23/2021)

NOTICE of Supplemental Authorities re: 8 MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit McKinney - Order Granting Stay)(Newton, Emily) (Entered: 08/31/2021)

MOTION to Continue Defendants' Response Deadline by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Proposed Order (PDF Only))(Newton, Emily) (Entered: 09/01/2021)

ORDER REFERRING MOTION: 13 MOTION to Continue Defendants' Response Deadline filed by Thomas J. Vilsack, Zach Ducheneaux. Motion referred to Magistrate Judge S. Kato Crew by Judge Daniel D. Domenico on 9/1/2021. Text Only Entry (dddlc4, ) (Entered: 09/01/2021)

RESPONSE to 13 MOTION to Continue Defendants' Response Deadline filed by Plaintiff Sara M Rogers. (Bartkus, Corey) (Entered: 09/01/2021)

Order Referring Motion

NOTICE of Entry of Appearance by Kyla Marie Snow on behalf of All Defendants Attorney Kyla Marie Snow added to party Zach Ducheneaux(pty:dft), Attorney Kyla Marie Snow added to party Thomas J. Vilsack(pty:dft) (Snow, Kyla) (Entered: 09/02/2021)

NOTICE OF DEFENDANTS' NONCOMPLIANCE WITH RESPONSIVE PLEADING DEADLINE by Plaintiff Sara M Rogers (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bartkus, Corey) (Entered: 09/10/2021)

NOTICE of Supplemental Authorities re: 8 MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit Exhibit 1 - Tiegs Order Staying Case)(Newton, Emily) (Entered: 09/13/2021)

NOTICE of Supplemental Authorities re: 8 MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit Dunlap Order Granting Gov's Mot to Stay)(Newton, Emily) (Entered: 09/22/2021)

MOTION for Default Judgment as to (or, in the Alternative, Setting of Date Certain for Answer) by Plaintiff Sara M Rogers. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bartkus, Corey) (Entered: 10/04/2021)

1 Exhibit 1

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2 Exhibit 2

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CLERK'S NOTE REGARDING DEFAULT. Clerk's Entry of Default will not be entered as to Zach Ducheneaux, Thomas J. Vilsack re 20 MOTION for Default Judgment (or, in the Alternative, Setting of Date Certain for Answer) as: the affidavit or declaration required by Fed. R. Civ. P. 55(a) was not filed, the affidavit or declaration concerning defendant(s) military status required by Service Members Civil Relief Act was not filed, a motion for extension of time to answer or to file a responsive pleading is pending, by Clerk. Text Only Entry (athom, ) (Entered: 10/05/2021)

ORDER REFERRING MOTION: 20 MOTION for Default Judgment as to (or, in the Alternative, Setting of Date Certain for Answer) filed by Sara M Rogers. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 10/5/2021. Text Only Entry (dddlc4) (Entered: 10/05/2021)

Clerks Note Regarding Default

Order Referring Motion

NOTICE re 8 MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit Miller Order Denying Motion to Opt Out of Certified Classes)(Newton, Emily) (Entered: 10/13/2021)

NOTICE OF SUBSTITUTION by Plaintiff Sara M Rogers (McDonald, David) (Entered: 10/18/2021)

NOTICE OF NONCOMPLIANCE WITH COURT RULES re: 24 Notice of Substitution filed by David C. McDonald. Under D.C.COLO.LAttyR 5(b), substitution of counsel is not permitted; a withdrawal of appearance by an attorney must be made on motion for good cause with appropriate notice as stated therein. "Substituting" counsel must file a notice of entry of appearance in the case pursuant to D.C.COLO.LAttyR 5(a). (rvill, ) (Entered: 10/21/2021)

NOTICE of Entry of Appearance by David C McDonald on behalf of Sara M RogersAttorney David C McDonald added to party Sara M Rogers(pty:pla) (McDonald, David) (Entered: 10/21/2021)

RESPONSE to 20 MOTION for Default Judgment as to (or, in the Alternative, Setting of Date Certain for Answer) filed by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Snow, Kyla) (Entered: 10/25/2021)

MOTION to Withdraw as Attorney of Corey C. Bartkus by Plaintiff Sara M Rogers. (McDonald, David) (Entered: 11/08/2021)

REPLY to Response to 20 MOTION for Default Judgment as to (or, in the Alternative, Setting of Date Certain for Answer) filed by Plaintiff Sara M Rogers. (McDonald, David) (Entered: 11/08/2021)

ORDER granting 28 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate attorney Corey C. Bartkus as counsel of record, and to remove this name from the electronic certificate of mailing. Plaintiff Sara M. Rogers will continue to be represented by attorney David C. McDonald. SO ORDERED by Judge Daniel D. Domenico on 11/8/2021. Text Only Entry(dddlc4) (Entered: 11/08/2021)

Order on Motion to Withdraw as Attorney

NOTICE of Entry of Appearance by Erin Marie Erhardt on behalf of Sara M RogersAttorney Erin Marie Erhardt added to party Sara M Rogers(pty:pla) (Erhardt, Erin) (Entered: 11/11/2021)

NOTICE of Supplemental Authorities in Opposition to Defendants' Motion to Stay re: 8 MOTION to Stay Proceedings by Plaintiff Sara M Rogers (Attachments: # 1 Exhibit 1 - Order re Supplemental Authority)(Erhardt, Erin) (Entered: 11/11/2021)

1 Exhibit 1 - Order re Supplemental Authority

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NOTICE of Supplemental Authorities re: 8 MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit Wynn Order Staying Proceedings)(Newton, Emily) (Entered: 12/07/2021)

1 Exhibit Wynn Order Staying Proceedings

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Unopposed MOTION to Withdraw as Attorney by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Newton, Emily) (Entered: 01/04/2022)

ORDER granting 34 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate attorney Emily Sue Newton as counsel of record, and to remove this name from the electronic certificate of mailing. Defendants Thomas J. Vilsack and Zach Ducheneaux will continue to be represented by attorney Kyla Marie Snow. SO ORDERED by Judge Daniel D. Domenico on 1/4/2022. Text Only Entry(dddlc4) (Entered: 01/04/2022)

Order on Motion to Withdraw as Attorney

ORDER granting 8 Motion to Stay. For the reasons stated herein, the Court GRANTS the Motion. The parties shall file a joint status report on June 30, 2022, and every 90 days thereafter, updating the Court on (1) the status of Miller v. Vilsack, and (2) the continued need for a stay. SO ORDERED by Magistrate Judge S. Kato Crews on 3-31-2022. (skclc2). (Entered: 03/31/2022)

ORDER granting 13 Motion to Continue. In light of the Court's Order [#36] staying this matter, the Court will GRANT Defendant's Motion. Defendants' obligation to answer or otherwise respond is also stayed. Defendants shall answer or otherwise respond within 21 days of the stay being lifted. SO ORDERED by Magistrate Judge S. Kato Crews on 4-1-2022. Text Only Entry (skclc2). (Entered: 04/01/2022)

ORDER denying 20 Motion for Default Judgment. In light of the Court's Order STAYING this matter, this matter is DENIED, without prejudice. Plaintiff is granted leave to refile in the event Defendants fail to timely answer once the stay on this matter is lifted. SO ORDERED by Magistrate Judge S. Kato Crews on 4-1-2022. Text Only Entry (skclc2). (Entered: 04/01/2022)

Order on Motion to Continue

Order on Motion for Default Judgment

Joint STATUS REPORT by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Snow, Kyla) (Entered: 06/30/2022)

NOTICE of Repeal of Section 1005 of ARPA and Dismissal of Related Class Action by Defendants Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit A - Miller Stipulation of Dismissal)(Snow, Kyla) (Entered: 09/06/2022)

MOTION to Lift Stay, MOTION to Dismiss and memorandum in support by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Snow, Kyla) (Entered: 09/13/2022)

BRIEF in Opposition to 41 MOTION to Lift Stay MOTION to Dismiss and memorandum in support filed by Plaintiff Sara M Rogers. (Attachments: # 1 Exhibit 1- Cobbs Declaration, # 2 Exhibit 2- Democrats add farm debt relief to climate funding, # 3 3- Order)(McDonald, David) (Entered: 10/04/2022)

1 Exhibit 1- Cobbs Declaration

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2 Exhibit 2- Democrats add farm debt relief to climate funding

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3 3- Order

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REPLY to Response to 41 MOTION to Lift Stay MOTION to Dismiss and memorandum in support filed by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Snow, Kyla) (Entered: 10/18/2022)

Joint STATUS REPORT by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit A - Carpenter Order)(Snow, Kyla) (Entered: 01/04/2023)

1 Exhibit A - Carpenter Order

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Joint STATUS REPORT by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Snow, Kyla) (Entered: 03/27/2023)

ORDER granting 41 Motion to Lift Stay; granting 41 Motion to Dismiss. The stay entered by order of the Court (Doc. 36) is LIFTED; and Because the Court lacks jurisdiction, this case is DISMISSED. SO ORDERED by Judge Daniel D. Domenico on 3/27/2023. (rkeec) (Entered: 03/27/2023)

FINAL JUDGMENT by Clerk on 3/27/2023 in favor of Thomas J. Vilsack, Zach Ducheneaux against Sara M Rogers re: 46 Order on Motion to Lift Stay,, Order on Motion to Dismiss entered by Judge Daniel D. Domenico on 3/27/2023. (rkeec) (Entered: 03/27/2023)

NOTICE OF APPEAL by Plaintiff Sara M Rogers (Filing fee $ 505, Receipt Number ACODC-9046160) (McDonald, David) (Entered: 04/13/2023)

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 48 Notice of Appeal filed by Sara M Rogers to the U.S. Court of Appeals for the Tenth Circuit. (Retained Counsel, Fee paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(trvo, ) (Entered: 04/14/2023)

1 Docket Sheet

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2 Preliminary Record

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USCA Case Number 23-1122 for 48 Notice of Appeal filed by Sara M Rogers. (trvo, ) (Entered: 04/17/2023)

TRANSCRIPT ORDER FORM re 48 Notice of Appeal by Plaintiff Sara M Rogers (Trachman, William) (Entered: 04/28/2023)

LETTER TO USCA and all counsel certifying the record is complete as to 48 Notice of Appeal filed by Sara M Rogers. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 23-1122) Text Only Entry (athom, ) (Entered: 04/28/2023)

USCA ORDER AND JUDGMENT as to 48 Notice of Appeal filed by Sara M Rogers : (USCA Case No. 23-1122) (This document is not the Mandate). The district court properly dismissed Ms. Carpenter's claims as moot because she has not adequately pleaded any equal protection injury. We therefore AFFIRM the dismissal of Ms. Carpenter's Complaint. We AFFIRM the dismissal of Ms. Rogers' complaint on the same basis. (cmadr, ) (Entered: 10/23/2023)

MANDATE of USCA as to 48 Notice of Appeal filed by Sara M Rogers: (USCA Case No. 23-01122) (cmadr, ) (Entered: 12/20/2023)