Case: Alexander v. Government of the District of Columbia

Alexander v. District of Columbia

Alexander v. District of Columbia

COMPLAINT against GOVERNMENT OF THE DISTRICT OF COLUMBIA with Jury Demand ( Filing fee $ 400 receipt number 0090-5115135) filed by JOSEPH ALEXANDER. (Attachments: # 1 Exhibit civil cover sheet, # 2 Exhibit related case notice, # 3 Exhibit summons mayor, # 4 Exhibit summons AG, # 5 Exhibit magistrate referral consent form)(Claiborne, William) (Entered: 09/14/2017)

1 Exhibit civil cover sheet

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2 Exhibit related case notice

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3 Exhibit summons mayor

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4 Exhibit summons AG

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5 Exhibit magistrate referral consent form

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NOTICE OF RELATED CASE by JOSEPH ALEXANDER. Case related to Case No. 16-1046. (md) (Entered: 09/15/2017)

SUMMONS (3) Issued Electronically as to GOVERNMENT OF THE DISTRICT OF COLUMBIA, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachments: # 1 Notice of Consent) (md) (Entered: 09/18/2017)

Case Assigned to Judge Amy Berman Jackson. (md)

NOTICE of Appearance by Michael P. Bruckheim on behalf of JOSEPH ALEXANDER (Bruckheim, Michael) (Entered: 10/10/2017)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. Date of Service Upon the Mayor for the District of Columbia on 11/8/17. (Claiborne, William) Modified party served on 11/15/2017 (znmw). (Entered: 11/14/2017)

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 11/8/2017. Answer due for ALL D.C. DEFENDANTS by 11/29/2017. (Claiborne, William) (Entered: 11/14/2017)

MOTION to Stay class action motion by JOSEPH ALEXANDER (Attachments: # 1 Text of Proposed Order)(Claiborne, William) (Entered: 11/22/2017)

NOTICE of Appearance by Gregory Martin Cumming on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Cumming, Gregory) (Entered: 11/22/2017)

Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cumming, Gregory) (Entered: 11/22/2017)

Order on Motion for Extension of Time to AND Order on Motion to Stay AND Set/Reset Deadlines

MINUTE ORDER granting 7 plaintiff's motion to stay deadline to file motion for class action treatment and 9 consent motion for extension of time to respond to plaintiff's complaint. The District of Columbia must file a responsive pleading by January 16, 2018, and since a motion to dismiss is anticipated, the deadline for the filing of a motion for class certification pursuant to LCvR 23.1(b) is stayed pending further order of the Court. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/22/2017. (lcabj2)

MINUTE ORDER. Plaintiff must state his position by December 15, 2017, on whether the case should be stayed pending the resolution of the Agnew appeal, see Agnew v. Dist. of Columbia, No.15-0340, 2017 WL 2773517 (D.D.C. June 26, 2017), given the fact that Claim 2 alleges in paragraph 215 that "the incommoding statute is vague under the second prong of the vagueness doctrine, the arbitrary and discriminatory enforcement prong" because "the statute authorizes and even encourages arbitrary and discriminatory enforcement," see para. 216, and that is the very issue ruled on in Agnew, a case filed on behalf of the same putative class. Counsel should also take note that Claim 3 alleges that the statute is void for vagueness under "the first prong of the vagueness doctrine," see para. 222, since it fails to put people on notice of what is prohibited, see para. 223-24, but paragraph 222 erroneously identifies the "first prong" as the "arbitrary and discriminatory enforcement prong" as well. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/1/2017. (lcabj2)

.Order AND ~Util - Set/Reset Deadlines

Set/Reset Deadlines: Plaintiff position on whether case should be stayed pending the resolution of the Agnew appeal is due by 12/15/2017. (tb)

Set/Reset Deadlines: Joint Status Report due by 1/10/2018. (tb)

RESPONSE TO ORDER OF THE COURT re Order,,,,, Set Deadlines,,,, plaintiffs position that a stay is not justified filed by JOSEPH ALEXANDER. (Claiborne, William) (Entered: 12/15/2017)

NOTICE Mr. Alexander does not object to dismissal of the action without prejudice as to Officer Onoja by JOSEPH ALEXANDER (Claiborne, William) (Entered: 12/25/2017)

MINUTE ORDER. In light of 11 plaintiff's counsel's notice to the Court, defendant Onoja is hereby dismissed from this action without prejudice. The Court notes that although Officer Onoja was named in the caption of the complaint, the complaint explicitly stated that he was not a party to the action. See Compl. para 11. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/27/2017. (lcabj2)

.Order

NOTICE of Appearance by Esther Yong on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Yong, Esther) (Entered: 01/10/2018)

Joint STATUS REPORT by JOSEPH ALEXANDER. (Claiborne, William) (Entered: 01/10/2018)

MINUTE ORDER. Plaintiff may respond to 13 defendant's recently submitted arguments in favor of a stay by January 19, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/11/2018. (lcabj2)

.Order

Set/Reset Deadlines: Response due by 1/19/2018. (tb)

Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cumming, Gregory) (Entered: 01/16/2018)

Order on Motion for Extension of Time to AND Set/Reset Deadlines

MINUTE ORDER granting 14 Motion for Extension of Time. Defendant must file a responsive pleading by February 15, 2018. Plaintiff is reminded that any additional information he wishes to submit to the Court in connection with the question of whether the case should be stayed must be filed by January 19, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/16/2018. (lcabj2)

RESPONSE re Order response to defendants arguments in joint status report 13 filed by JOSEPH ALEXANDER. (Claiborne, William) (Entered: 01/19/2018)

MOTION for Extension of Time to Respond to Plaintiff's Complaint by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cumming, Gregory) (Entered: 02/13/2018)

MINUTE ORDER. Given the substantial overlap between the factual allegations and the legal contentions in the instant complaint and the issues to be resolved in the appeal of the Agnew case, Agnew v. Dist. of Columbia, No.15-0340, 2017 WL 2773517 (D.D.C. June 26, 2017), and the fact that an opinion by the D.C. Circuit in the Agnew case could control the outcome of aspects of the instant case, the Court finds that it will be much more efficient and will conserve both judicial resources and the resources of the parties to exercise the Court's discretion to stay this case pending the outcome of the appeal. Therefore, defendant's 16 motion for extension of time to respond to plaintiff's complaint is DENIED AS MOOT, and the case is stayed pending further order of the Court. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/14/2018. (lcabj2)

NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT OF THE DISTRICT OF COLUMBIA. Attorney Esther Yong terminated. (Yong, Esther) (Entered: 07/17/2018)

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.Order

MINUTE ORDER. In light of the D.C. Circuit's decision in Agnew v. District of Columbia, No.17-7114, the parties must inform the Court by April 26, 2019 of their positions on how the decision bears on the case. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/9/2019. (lcabj2)

NOTICE Mr. Alexanders position on how Agnew v. District of Columbia affects this case by JOSEPH ALEXANDER re Order,, Set Deadlines, (Claiborne, William) (Entered: 04/24/2019)

NOTICE of Position Statement in Response to the Court's April 9, 2019 Minute Order by GOVERNMENT OF THE DISTRICT OF COLUMBIA re Order,, Set Deadlines, (Cumming, Gregory) (Entered: 04/26/2019)

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.Order

MINUTE ORDER. Plaintiff must file an amended complaint that eliminates the claims he has acknowledged 18 are barred by the D.C. Circuit's opinion in Agnew v. District of Columbia, No.17-7114, by May 30, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/16/2019. (lcabj2)

Consent MOTION for Extension of Time to file amended complaint by JOSEPH ALEXANDER (Attachments: # 1 Text of Proposed Order)(Claiborne, William) (Entered: 05/23/2019)

Set/Reset Deadlines

Order on Motion for Extension of Time to

MINUTE ORDER granting 20 Motion for Extension of Time. The Court's February 14, 2018 minute order granting a stay in this case is hereby lifted. Plaintiff's amended complaint must be filed by July 8, 2019. The government must answer or otherwise respond by August 9, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/28/2019. (lcabj2)

AMENDED COMPLAINT by right against JOSEPH ALEXANDER with Jury Demand filed by JOSEPH ALEXANDER.(Claiborne, William) (Entered: 07/08/2019)

ERRATA Amended Complaint by right by JOSEPH ALEXANDER 21 Amended Complaint filed by JOSEPH ALEXANDER. (Claiborne, William) (Entered: 07/09/2019)

Consent MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cumming, Gregory) (Entered: 08/05/2019)

Set/Reset Deadlines

Order on Motion for Extension of Time to

MINUTE ORDER granting 23 Motion for Extension of Time. Defendant District Of Columbia must answer or otherwise respond to the amended complaint 21 by August 23, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/8/2019. (lcabj2)

MOTION to Dismiss Plaintiff's Amended Complaint by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cumming, Gregory) (Entered: 08/23/2019)

Consent MOTION for Extension of Time to File Response/Reply to motion to dismiss by JOSEPH ALEXANDER (Attachments: # 1 Text of Proposed Order)(Claiborne, William) (Entered: 09/04/2019)

Set/Reset Deadlines

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

MINUTE ORDER granting 25 Motion for Extension of Time. Plaintiff must file an opposition to defendant's motion to dismiss 24 by October 7, 2019. Defendant must file its reply by October 28, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/5/2019. (lcabj2)

Consent MOTION for Extension of Time to oppose Defendant's motion to dismiss by JOSEPH ALEXANDER (Attachments: # 1 Text of Proposed Order)(Claiborne, William) (Entered: 10/03/2019)

Set/Reset Deadlines

Order on Motion for Extension of Time to

MINUTE ORDER granting 26 Motion for Extension of Time. Plaintiff's opposition to the motion to dismiss must be filed by November 22, 2019, and defendant's reply will be due on December 13, 2019. The Court notes that this is plaintiff's second request for an extension of time and that a responsive pleading was first due on September 7, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/4/2019. (lcabj2)

Unopposed MOTION for Extension of Time to file opposition by JOSEPH ALEXANDER (Attachments: # 1 Text of Proposed Order)(Claiborne, William) (Entered: 11/20/2019)

Set/Reset Deadlines

Order on Motion for Extension of Time to

MINUTE ORDER granting motion to extend time 27 . Plaintiff must file a response to defendant's motion to dismiss 24 by December 23, 2019. Defendant's reply will be due January 17, 2020. The Court notes that counsel brought this case and undertook this representation with an understanding of what was on his plate. There have already been two prior extensions of this date, so barring exigent circumstances (which would not include planned vacation travel), this date will not be extended. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/21/2019. (lcabj2) Modified deadline date on 11/21/2019 (tg).

Set/Reset Deadlines: Plaintiff's response to dispositive motion due by 12/23/2019; defendant's reply due by 1/17/2020. (tg)

NOTICE of Appearance by Micah Ian Bluming on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Bluming, Micah) (Entered: 12/19/2019)

RESPONSE re 24 MOTION to Dismiss Plaintiff's Amended Complaint Opposition filed by JOSEPH ALEXANDER. (Claiborne, William) (Entered: 12/23/2019)

ERRATA Plaintiff's exhibits to Opposition 29 by JOSEPH ALEXANDER 29 Response to motion filed by JOSEPH ALEXANDER. (Attachments: # 1 Exhibit Ex # 2 text showing 2013 amendments)(Claiborne, William) (Entered: 12/23/2019)

1 Exhibit Ex # 2 text showing 2013 amendments

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REPLY to opposition to motion re 24 MOTION to Dismiss Plaintiff's Amended Complaint filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Cumming, Gregory) (Entered: 01/17/2020)

NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT OF THE DISTRICT OF COLUMBIA. Attorney Gregory Martin Cumming terminated. (Cumming, Gregory) (Entered: 02/21/2020)

NOTICE OF SUPPLEMENTAL AUTHORITY by JOSEPH ALEXANDER (Claiborne, William) (Entered: 04/10/2020)

ORDER. Pursuant to Federal Rules of Civil Procedure 12 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendant's motion to dismiss 24 is GRANTED IN PART AND DENIED IN PART. Defendant's motion to dismiss Claims 2 and 3 is granted. Defendant's motion to dismiss Claims 1 and 4 is denied. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/1/2020. (lcabj2) (Entered: 07/01/2020)

MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 7/1/2020. (lcabj2)

ANSWER to Complaint with Jury Demand by GOVERNMENT OF THE DISTRICT OF COLUMBIA.(Bluming, Micah) (Entered: 07/15/2020)

MINUTE ORDER. Meet and Confer Telephonic Scheduling Conference set for 10/23/2020 at 10:30 AM before Judge Amy Berman Jackson. The parties shall meet, confer, and file a Joint Report pursuant to Local Rule 16.3 by 10/16/2020. Any dates contained in the Report should be expressed as specific dates (month/day/year) rather than as time frames (e.g. "60 days from the entry of the scheduling order"). The parties are directed to contact the Court's Deputy Clerk in the first instance to request the rescheduling of the Telephonic Scheduling Conference. The party seeking the change in schedule must first confer with counsel for all other parties and be prepared to provide the Deputy Clerk with proposed mutually agreeable dates. The Court's Deputy Clerk will provide the parties, by separate email, with the dial in telephone number and pass code to allow them access to the call. SO ORDERED. By Judge Amy Berman Jackson on 10/1/2020. (jth)

NOTICE of Appearance by Duane Gordon Blackman on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Blackman, Duane) (Entered: 10/02/2020)

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MEET AND CONFER STATEMENT. (Claiborne, William) (Entered: 10/16/2020)

SCHEDULING ORDER. The attached scheduling order is issued per the instructions given during this morning's telephonic conference. Initial Disclosures must by exchanged by 11/23/2020. All fact discovery (on class and liability issued) must be completed by 4/30/2021. All expert discovery must be completed by 9/10/2021. Joint Status Report setting out the parties positions on whether the Court should establish a schedule for the briefing of class certification issues and what that schedule should be is due by 5/6/2021. Plaintiff's expert designations must be completed by 5/23/2021. Defendant's expert designations must be completed by 7/10/2021. A Status Conference is set for 9/14/2021 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. If necessary a schedule for the filing of dispositive motions will be set at the status conference. (see order for complete details). SO ORDERED. Signed by Judge Amy Berman Jackson on 10/23/2020. (lcabj1) Modified on 10/26/2020 (jth). (Entered: 10/23/2020)

Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephonic Scheduling Conference call held on 10/23/2020. Scheduling Order to be issued by the Court. (Court Reporter: Janice Dickman) (jth)

Scheduling Conference

Joint MOTION for Protective Order by JOSEPH ALEXANDER (Claiborne, William) (Entered: 12/04/2020)

PROTECTIVE ORDER. Signed by Judge Amy Berman Jackson on 12/7/20. (DMK) (Entered: 12/07/2020)

Consent MOTION to Amend/Correct 39 Order,,,,, Set Hearings,,,,, Set Scheduling Order Deadlines,,,, by JOSEPH ALEXANDER. (Attachments: # 1 Text of Proposed Order)(Claiborne, William) (Entered: 03/26/2021)

1 Text of Proposed Order

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MINUTE ORDER. 42 Consent Motion to Amend the Scheduling Order is GRANTED. Fact discovery on liability and class issues must be completed by July 30, 2021; a joint status report must be submitted by August 6, 2021; plaintiff's expert designations and disclosures must be exchanged by August 23, 2021; defendant's expert designations and disclosures must be exchanged by October 11, 2021; and all expert discovery must be completed by December 10, 2021. A telephonic post-discovery status conference is set for August 6, 2021 at 11:00 AM. In a separate e-mail, the Court's Deputy Clerk will provide counsel with the dial in telephone number and pass code to allow them access to the call. Signed by Judge Amy Berman Jackson on 3/31/2021. (lcabj1)

Set/Reset Deadlines: Fact discovery on liability and class issues must be completed by 7/30/2021; Joint Status Report must be submitted by 8/6/2021; Plaintiff's expert designations and disclosures must be exchanged by 8/23/2021; Defendant's expert designations and disclosures must be exchanged by 10/11/2021; All expert discovery must be completed by 12/10/2021. Telephonic post-discovery status conference is set for 8/6/2021 at 11:00 AM. (jth)

Set/Reset Deadlines

MINUTE ORDER. As stated during today's discovery teleconference, the government must file a status report by June 25, 2021 informing the Court whether the dispute concerning the production of the documents discussed has been resolved with the acceptance of a subpoena duces tecum by a representative of the Office of Police Complaints. The Court will await that notification before determining what other steps, if any, will be necessary. Signed by Judge Amy Berman Jackson on 6/22/2021. (lcabj1)

Minute Entry for proceedings held before Judge Amy Berman Jackson: Discovery Telephone Conference Call held on 6/22/2021. (NO COURT REPORTER). (jth)

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Telephone Conference

STATUS REPORT by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Blackman, Duane) (Entered: 06/25/2021)

Consent MOTION to Amend/Correct 39 Order,,,,, Set Hearings,,,,, Set Scheduling Order Deadlines,,,, Scheduling Order by JOSEPH ALEXANDER. (Attachments: # 1 Text of Proposed Order)(Claiborne, William) (Entered: 06/30/2021)

MINUTE ORDER. 44 Motion to Amend the Scheduling Order is GRANTED. Fact discovery on liability and class issues must be completed by November 1, 2021; a joint status report must be submitted by November 8, 2021; plaintiff's expert designations and disclosures must be exchanged by November 23, 2021; defendant's expert designations and disclosures must be exchanged by January 11, 2022; and all expert discovery must be completed by March 10, 2022. The telephonic post-discovery status conference previously scheduled is VACATED and a new telephonic post-discovery status conference is set for November 9, 2021 at 10:00 AM. In a separate e-mail, the Court's Deputy Clerk will provide counsel with the dial in telephone number and pass code to allow them access to the call. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/1/2021. (lcabj1)

Set/Reset Deadlines/Hearings AND Order on Motion to Amend/Correct

Joint MOTION to Stay Litigation and for Referral to Mediation by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bluming, Micah). Added MOTION for Mediation on 8/24/2021 (zjf). (Entered: 08/23/2021)

ORDER. See Order for details. Signed by Judge Amy Berman Jackson on 8/23/2021. (lcabj1) (Entered: 08/23/2021)

Set/Reset Deadlines: Mediation to conclude by 11/18/2021; Status Report due by 11/18/2021. (ztg)

Case Stayed. (ztg)

Set/Reset Deadlines

Case Stayed