Case: Williams v. Kincaid

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fourth Circuit

Kincaid v. Williams

Supreme Court of the United States

Caroline Medina

Complaint ( Filing fee $ 400, receipt number 0422-7499034.), filed by Kesha Williams. (Attachments: # 1 Civil Cover Sheet)(Erlich, Joshua) (Entered: 11/16/2020)

1 Civil Cover Sheet

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Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge Theresa Carroll Buchanan. (pmil, )

MOTION for Discovery (Early) by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Erlich, Joshua) (Entered: 11/17/2020)

Memorandum in Support re 2 MOTION for Discovery (Early) filed by Kesha T. Williams. (Erlich, Joshua) (Entered: 11/17/2020)

ORDER that pltf's 2 Motion for Leave to Conduct Limited Expedited Discovery is GRANTED ; Pltf may immediately serve upon the Fairfax County Adult Detention Center and Maxim Healthcare Services, Inc. a subpoena duces tecum for documents aimed at identifying the true names and identities of the Doe Defendants. The Fairfax County Adult Detention Center and Maxim Healthcare Services, Inc. shall both respond to the requestsfor the production of documents within fifteen (15) business days of the date of service of the requests (see Order for details). Signed by Magistrate Judge Theresa Carroll Buchanan on 11/17/20. (pmil, ) (Entered: 11/17/2020)

NOTICE of Appearance by Katherine Lynn Herrmann on behalf of Kesha T. Williams (Herrmann, Katherine) (Entered: 11/17/2020)

Proposed Summons re 1 Complaint to Defendant Stacey A. Kincaid by Kesha T. Williams. (Herrmann, Katherine) (Entered: 12/11/2020)

Proposed Summons re 1 Complaint to Defendant Maxim Healthcare Services, Inc. by Kesha T. Williams. (Herrmann, Katherine) (Entered: 12/11/2020)

Summons Issued as to Stacey A. Kincaid, Maxim Healthcare Services, Inc. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachment for each defendant to be served with the complaint. (Attachments: # 1 Notice)(pmil, ) (Entered: 12/14/2020)

NOTICE of Appearance by Alexander Francuzenko on behalf of Stacey A. Kincaid (Francuzenko, Alexander) (Entered: 12/21/2020)

NOTICE of Appearance by Philip Corliss Krone on behalf of Stacey A. Kincaid (Krone, Philip) (Entered: 12/21/2020)

Consent MOTION for Extension of Time to File Response/Reply by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 01/07/2021)

Memorandum in Support re 11 Consent MOTION for Extension of Time to File Response/Reply filed by Stacey A. Kincaid. (Attachments: # 1 Proposed Order)(Francuzenko, Alexander) (Entered: 01/07/2021)

MOTION for Protective Order by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 01/07/2021)

Memorandum in Support re 13 MOTION for Protective Order filed by Stacey A. Kincaid. (Attachments: # 1 Proposed Order)(Francuzenko, Alexander) (Entered: 01/07/2021)

1 Proposed Order

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STIPULATED PROTECTIVE ORDER: re the handling and labeling of confidential material. (see Order for complete details) Signed by Magistrate Judge Theresa Carroll Buchanan on 1/7/21. (tfitz, ) (Entered: 01/07/2021)

ORDER granting 11 Consent Motion for Extension of Time; Defendant has until Friday, January 22, 2021 to file a responsive pleading to Plaintiffs complaint. Signed by Magistrate Judge Theresa Carroll Buchanan on 01/07/21. (pmil, ) (Entered: 01/07/2021)

MOTION to Dismiss by Stacey A. Kincaid. (Krone, Philip) (Entered: 01/22/2021)

Memorandum in Support re 17 MOTION to Dismiss filed by Stacey A. Kincaid. (Krone, Philip) (Entered: 01/22/2021)

Notice of Hearing Date re 17 MOTION to Dismiss (Krone, Philip) (Entered: 01/22/2021)

Set Deadlines as to 17 MOTION to Dismiss . Motion Hearing set for 2/26/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )

Opposition to 17 MOTION to Dismiss filed by Kesha T. Williams. (Herrmann, Katherine) (Entered: 02/05/2021)

AMENDED COMPLAINT against Stacey A. Kincaid, Lishan Kassa, M.D., Xin Wang, NP, Deputy Garcia, filed by Kesha T. Williams.(Herrmann, Katherine) (Entered: 02/12/2021)

Proposed Summons re 21 Amended Complaint to Defendant Deputy Garcia by Kesha T. Williams. (Herrmann, Katherine) (Entered: 02/12/2021)

Proposed Summons re 21 Amended Complaint to Defendant Lishan Kassa, M.D. by Kesha T. Williams. (Herrmann, Katherine) (Entered: 02/12/2021)

Proposed Summons re 21 Amended Complaint to Defendant Xin Wang, NP by Kesha T. Williams. (Herrmann, Katherine) (Entered: 02/12/2021)

MOTION for Extension of Time to Serve Amended Complaint by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Herrmann, Katherine) (Entered: 02/12/2021)

Waiver of re 25 MOTION for Extension of Time to Serve Amended Complaint (Waiver of Hearing) by Kesha T. Williams (Herrmann, Katherine) (Entered: 02/12/2021)

ORDER granting 25 Motion for Extension of Time to File. ORDERED that Plaintiff has an additional 30 days in which to serve Defendants, until March 18, 2021. Signed by Magistrate Judge Theresa Carroll Buchanan on 02/16/2021. (kgall) (Entered: 02/16/2021)

Summons Issued as to Deputy Garcia, Lishan Kassa, M.D., Xin Wang, NP. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice of Lawsuit)(kgall) (Entered: 02/16/2021)

Per CMH chambers motions set for 2/26/2021 on the pleadings (clar, )

ORDERED that Defendant's Motion to Dismiss 17 the original Complaint is DENIED as moot. Signed by District Judge Claude M. Hilton on 2/23/2021. (kgall) (Entered: 02/23/2021)

MOTION to Dismiss for Failure to State a Claim by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 02/26/2021)

Memorandum in Support re 30 MOTION to Dismiss for Failure to State a Claim filed by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 02/26/2021)

Notice of Hearing Date re 30 MOTION to Dismiss for Failure to State a Claim (Francuzenko, Alexander) (Entered: 02/26/2021)

Set Deadlines as to 30 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 4/23/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )

SCHEDULING ORDER: Initial Pretrial Conference set for 3/31/2021 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 7/15/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Discovery due by 7/9/2021. Signed by District Judge Claude M. Hilton on 03/09/2021. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(jlan) (Entered: 03/09/2021)

Memorandum in Opposition re 30 MOTION to Dismiss for Failure to State a Claim filed by Kesha T. Williams. (Herrmann, Katherine) (Entered: 03/12/2021)

CERTIFICATE of Service (Corrected) re 34 Memorandum in Opposition by Katherine Lynn Herrmann on behalf of Kesha T. Williams (Herrmann, Katherine) (Entered: 03/12/2021)

NOTICE of Appearance by Alexander Francuzenko on behalf of Stacey A. Kincaid (Francuzenko, Alexander) (Entered: 03/18/2021)

Reply to 34 Memorandum in Opposition filed by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 03/18/2021)

NOTICE of Appearance by Thea Alicia Paolini on behalf of Stacey A. Kincaid (Paolini, Thea) (Entered: 03/18/2021)

Proposed Joint Rule 16 Discovery Plan by Stacey A. Kincaid.(Francuzenko, Alexander) (Entered: 03/24/2021)

Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Upon consideration of the representations made by the parties in the Proposed Joint Rule 16 Discovery Plan (Dkt. 39) and taking note of the Scheduling Order (Dkt. 33) entered in this case, the Court makes the following rulings: 1. All discovery shall be concluded by Friday, July 9, 2021. 2. The Proposed Joint Rule 16 Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court. 3. The pretrial conference scheduled for Wednesday, March 31, 2021 at 11:00 a.m. is cancelled. 4. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by Thursday, April 15, 2021. 5. No general objection may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. Signed by Magistrate Judge Theresa Carroll Buchanan on 3/24/21. (tfitz, ) (Entered: 03/25/2021)

MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint by Deputy Garcia. (Francuzenko, Alexander) (Entered: 04/02/2021)

Memorandum in Support re 41 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint filed by Deputy Garcia. (Francuzenko, Alexander) (Entered: 04/02/2021)

MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint by Xin Wang, NP. (Francuzenko, Alexander) (Entered: 04/02/2021)

Memorandum in Support re 43 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint filed by Xin Wang, NP. (Francuzenko, Alexander) (Entered: 04/02/2021)

SUMMONS Returned Executed by Kesha T. Williams Deputy Garcia served on 3/12/2021, answer due 4/2/2021 (Herrmann, Katherine) (Entered: 04/08/2021)

SUMMONS Returned Executed by Kesha T. Williams Xin Wang, NP served on 3/12/2021, answer due 4/2/2021 (Herrmann, Katherine) (Entered: 04/08/2021)

Memorandum in Opposition re 41 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint (Deputy Garcia) filed by Kesha T. Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Herrmann, Katherine) (Entered: 04/19/2021)

1 Exhibit 1

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2 Exhibit 2

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Memorandum in Opposition re 43 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint (Xin Wang) filed by Kesha T. Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Herrmann, Katherine) (Entered: 04/19/2021)

1 Exhibit 1

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2 Exhibit 2

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Per CMH chambers motions set for 4/23/2021 on the pleadings (clar, )

Response to 47 Memorandum in Opposition, to Motion to Dismiss filed by Deputy Garcia. (Francuzenko, Alexander) (Entered: 04/26/2021)

Response to 48 Memorandum in Opposition to Motion to Dismiss filed by Xin Wang, NP. (Francuzenko, Alexander) (Entered: 04/26/2021)

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 6/7/2021. (kgall) (Entered: 06/07/2021)

ORDER granting 30 Motion to Dismiss for Failure to State a Claim. Plaintiff's causes of action against Defendant Kincaid are dismissed. Signed by District Judge Claude M. Hilton on 6/7/2021. (kgall) (Entered: 06/08/2021)

MOTION to Compel Discovery Responses by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Herrmann, Katherine) (Entered: 06/25/2021)

Memorandum in Support re 53 MOTION to Compel Discovery Responses filed by Kesha T. Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Herrmann, Katherine) (Entered: 06/25/2021)

Notice of Hearing Date set for 07/02/2021 re 53 MOTION to Compel Discovery Responses (Herrmann, Katherine) (Entered: 06/25/2021)

Set Deadlines as to 53 MOTION to Compel Discovery Responses. Motion Hearing set for 7/2/2021 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge Theresa Carroll Buchanan. (clar, )

MOTIONS REFERRED to Magistrate Judge: Buchanan. 53 MOTION to Compel Discovery Responses (clar, )

Joint MOTION for Extension of Time to Complete Discovery by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Herrmann, Katherine) (Entered: 06/30/2021)

Memorandum in Support re 56 Joint MOTION for Extension of Time to Complete Discovery filed by Kesha T. Williams. (Herrmann, Katherine) (Entered: 06/30/2021)

Reply to Motion re 53 MOTION to Compel Discovery Responses filed by Deputy Garcia, Xin Wang, NP. (Attachments: # 1 Proposed Order)(Francuzenko, Alexander) (Entered: 06/30/2021)

Waiver of re 56 Joint MOTION for Extension of Time to Complete Discovery - Oral Argument by Kesha T. Williams (Herrmann, Katherine) (Entered: 06/30/2021)

ORDERED that Defendants will serve their answers to Plaintiff's First Set of Interrogatories and produce responsive documents to Plaintiff's First Set of Requests for Production by the close of business on Tuesday, July 6, 2021; it is further ORDERED that Plaintiff's Motion to Compel Dkt. 53 is DENIED AS MOOT; and it is further ORDERED that the hearing scheduled for Friday, July 2, 2021 is CANCELLED. Signed by Magistrate Judge Theresa Carroll Buchanan on 6/30/2021. (dest) (Entered: 07/01/2021)

ORDERED that the Motion Dkt. 56 is GRANTED IN PART; it is further ORDERED that the discovery period is EXTENDED to Friday, August 13, 2021; and it is further ORDERED that the final pretrial conference is RESCHEDULED for Thursday, August 19, 2021 at 10:00 am. Signed by Magistrate Judge Theresa Carroll Buchanan on 7/1/2021. (swil) (Entered: 07/01/2021)

Set Hearings Final Pretrial Conference set for 8/19/2021 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (swil)

Notice of Hearing Date set for July 9, 2021 re 41 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint, 43 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint (Francuzenko, Alexander) (Entered: 07/01/2021)

Set Deadlines as to 43 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint, 41 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint. Motion Hearing set for 7/9/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )

Per CMH chambers motions set for 7/9/2021 on the pleadings (clar, )

Joint MOTION for Extension of Time to Complete Discovery by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Herrmann, Katherine) (Entered: 08/02/2021)

1 Proposed Order

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Memorandum in Support re 63 Joint MOTION for Extension of Time to Complete Discovery filed by Kesha T. Williams. (Herrmann, Katherine) (Entered: 08/02/2021)

ORDERED that the Motion 63 is GRANTED. ORDERED that the discovery period in this matter is EXTENDED forty-five (45) days, or until Monday, September 27, 2021. Signed by Magistrate Judge Theresa Carroll Buchanan on 8/3/2021. (kgall) (Entered: 08/04/2021)

Consent MOTION Reschedule Final Pretrial Conference by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Erlich, Joshua) (Entered: 08/18/2021)

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 8/18/2021. (kgall) (Entered: 08/18/2021)

ORDERED that the 41, 43 Motions to Dismiss of Defendants Xin Wangand Deputy Garcia are GRANTED, Defendants are dismissed from this action. Signed by District Judge Claude M. Hilton on 8/18/2021. (kgall) (Entered: 08/18/2021)

ORDERED that Defendant Lishan Kassa, M.D. is dismissed pursuant to F.R.Civ.P. 4(m). Signed by District Judge Claude M. Hilton on 8/18/2021. (kgall) (Entered: 08/18/2021)

NOTICE OF APPEAL as to 52 Order on Motion to Dismiss for Failure to State a Claim, 68 Order on Motion to Dismiss for Failure to State a Claim, by Kesha T. Williams. Filing fee $ 505, receipt number AVAEDC-8000634. (Herrmann, Katherine) (Entered: 09/16/2021)

Transmission of Notice of Appeal to US Court of Appeals re 70 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (kgall) (Entered: 09/17/2021)

USCA Case Number 21-2030 4th Circuit, case manager A. Brownleee for 70 Notice of Appeal, filed by Kesha T. Williams. (kgall) (Entered: 09/20/2021)

PUBLISHED Opinion of USCA re 70 Notice of Appeal, decided August 16, 2022, REVERSED AND REMANDED. (Attachments: # 1 Opinion Attachment)(dvanm) (Entered: 08/16/2022)

1 Opinion Attachment

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USCA JUDGMENT as to 70 Notice of Appeal, filed by Kesha T. Williams. In accordance with the decision of this court, the judgment of the district court is reversed. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (dvanm) (Entered: 08/16/2022)

USCA Temporary Stay of Mandate re 70 Notice of Appeal. Under Fed. R. App. P. 41(b), the filing of a timely petition for rehearing or rehearing en banc stays the mandate until the court has ruled on the petition. In accordance with Rule 41(b), the mandate is stayed pending further order of this court. (dvanm) (Entered: 08/31/2022)

Published ORDER of USCA as to 70 Notice of Appeal, filed by Kesha T. Williams. The court denies appellees' petition for rehearing en banc. (Attachment(s): # 1 Attachment-1) (Dest). (Entered: 10/11/2022)

USCA Mandate re 70 Notice of Appeal. The judgment of this court, entered August 16, 2022, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Dest) (Entered: 10/17/2022)

NOTICE by Supreme Court of the United States of the Clerk. The petition for a writ of certiorari was filed January 5, 2023 and placed on the docket January 9, 2023 as No. 22-633. (dvanm) (Entered: 01/10/2023)

NOTICE from Supreme Court of the United States. The Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied. Justice Alito, with whom Justice Thomas joins, dissenting from the denial of certiorari. (dvanm) (Entered: 07/05/2023)

ORDERED that this case is placed on the docket for Friday, July 21 at 10:00 am for a status conference. Signed by District Judge Claude M. Hilton on 07/11/2023. (dvanm) (Entered: 07/11/2023)

Set/Reset Hearings: Status Conference set for 7/21/2023 at 10:00 AM in Alexandria Courtroom 801 before District Judge Claude M. Hilton. (dvanm)

NOTICE of Appearance by Broderick Coleman Dunn on behalf of Deputy Garcia, Stacey A. Kincaid, Xin Wang, NP (Dunn, Broderick) (Entered: 07/19/2023)

Minute Entry for proceedings held before District Judge Claude M. Hilton: Status Conference held on 7/21/2023. Appearance of counsel. New Scheduling Order to be issued. (Court Reporter: J. Egal)(tarm) (Entered: 07/21/2023)

Case Reassigned to Magistrate Judge Ivan D. Davis. Magistrate Judge Theresa Carroll Buchanan no longer assigned to the case. (jlan)

SCHEDULING ORDER:Initial Pretrial Conference set for 8/9/2023 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis.Discovery due by 11/10/2023.Final Pretrial Conference set for 11/16/2023 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Signed by District Judge Claude M. Hilton on 07/25/2023. (Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice)(tran) (Entered: 07/26/2023)

MOTION for Discovery Proposed Joint Rule 16 Discovery Plan by Deputy Garcia, Lishan Kassa, M.D., Stacey A. Kincaid, Xin Wang, NP. (Francuzenko, Alexander) (Entered: 08/01/2023)

Order Rule 16(b) Scheduling Order. Because the parties' Proposed Joint Discovery Plan 84 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for August 9, 2023, pursuant to Rule 16(b) and this Court's July 25, 2023, Order, is cancelled. Upon consideration of the representations made by the parties in their Proposed Joint Discovery Plan, the Court makes the following rulings: 1. All discovery shall be concluded by November 10, 2023. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 8/7/2023. (lgue, ) (Entered: 08/08/2023)