Case: V.C. v. District of Columbia

Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.

COMPLAINT against DISTRICT OF COLUMBIA with Jury Demand ( Filing fee $ 402 receipt number ADCDC-10022241) filed by V. C., L. S., B. L.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (Mayor of DC), # 3 Summons (Attorney General of DC))(Corkery, Dennis) (Entered: 04/24/2023)

1 Civil Cover Sheet

View on PACER

2 Summons (Mayor of DC)

View on PACER

3 Summons (Attorney General of DC)

View on PACER

SEALED MOTION to Proceed Under Pseudonym filed by V. C., B. L., L. S. (Attachments: # 1 Text of Proposed Order)(Corkery, Dennis) (Entered: 04/24/2023)

NOTICE of Appearance by John Arak Freedman on behalf of V. C., B. L., L. S. (Freedman, John) (Entered: 04/26/2023)

NOTICE of Appearance by Kristin Leigh McGough on behalf of All Plaintiffs (McGough, Kristin) (Entered: 04/26/2023)

MEMORANDUM OPINION AND ORDER: The Court ORDERS that: (1) Plaintiffs' 2 Motion to Proceed Under Pseudonym is GRANTED, subject to any further consideration by the United States District Judge to whom this case is randomly assigned, and all parties shall use the pseudonyms listed in the Complaint in all documents filed in this action; and (2) Plaintiffs must file, ex parte and under seal, within ten days of this Order: (i) a declaration containing their real names and residential addresses; and (ii) a properly redacted or pseudonymous version of their Motion for filing on the public docket. Signed by Chief Judge James E. Boasberg on 4/27/2023. (lcjeb4) (Entered: 04/27/2023)

Case Assigned/Reassigned

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

SUMMONS (2) Issued Electronically as to DISTRICT OF COLUMBIA, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachment: # 1 Notice and Consent)(zsl) (Entered: 04/27/2023)

NOTICE of Compliance with LCvR 7(m) by V. C., B. L., L. S. re 5 Order on Sealed Motion to Proceed Under Pseudonym,, (Corkery, Dennis) (Entered: 04/27/2023)

MOTION to Certify Class by V. C., B. L., L. S.. (Attachments: # 1 Exhibit Declaration of V.C., # 2 Exhibit Declaration of William Weber, MD, # 3 Exhibit Declaration of B.L, # 4 Exhibit Declaration of L.S., # 5 Exhibit Declaration of Jacqueline Kutnik-Bauder, # 6 Exhibit Declaration of Emily Voshell, # 7 Exhibit Declaration of John Freedman)(Corkery, Dennis) (Entered: 04/27/2023)

ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 4/28/23. (DM) (Entered: 04/28/2023)

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 4/27/2023. Answer due for ALL D.C. DEFENDANTS by 5/18/2023. (Corkery, Dennis) (Entered: 04/28/2023)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 04/27/2023. (Corkery, Dennis) (Entered: 04/28/2023)

NOTICE of Appearance by Andrew J. Saindon on behalf of DISTRICT OF COLUMBIA (Saindon, Andrew) (Entered: 05/03/2023)

NOTICE of Appearance by Pamela A. Disney on behalf of DISTRICT OF COLUMBIA (Disney, Pamela) (Entered: 05/03/2023)

NOTICE of Appearance by Brendan Russell Heath on behalf of DISTRICT OF COLUMBIA (Heath, Brendan) (Entered: 05/04/2023)

Consent MOTION to Establish Schedule by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 05/05/2023)

SEALED DOCUMENT filed by V. C., B. L., L. S. re 5 Order on Sealed Motion to Proceed Under Pseudonym,, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration Plaintiff Names and Addresses, # 2 Exhibit Motion to Proceed Under Pseudonym (Public Filing Version))(Corkery, Dennis) (Entered: 05/05/2023)

Order on Motion for Miscellaneous Relief

Set/Reset Deadlines

MINUTE ORDER. The Court is in receipt of Defendant's 15 Consent Motion to Establish Schedule for responding to Plaintiff's 1 Complaint and briefing on Plaintiff's 8 Motion to Certify Class. Defendant indicates that they require "additional time to develop and finalize appropriate responses to the Complaint's extensive allegations and to establish an orderly process for moving forward, and undersigned counsel additionally faces the press of other work." Plaintiff consents to the motion. Per Defendant's proposed schedule, the Court GRANTS the 15 Motion and ORDERS that Defendant shall respond to the Complaint by JUNE 26, 2023 and to Plaintiff's Motion for Class Certification by JULY 10, 2023. Signed by Judge Colleen Kollar-Kotelly on 5/8/23. (lcckk3)

Set/Reset Deadlines: Defendant shall respond to the Complaint by 6/26/2023. Defendant's opposition to Plaintiff's 8 Motion for Class Certification due by 7/10/2023. (dot)

NOTICE of Appearance by Jacqueline Kutnik-Bauder on behalf of All Plaintiffs (Kutnik-Bauder, Jacqueline) (Entered: 05/12/2023)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mary Laura Graham, Filing fee $ 100, receipt number ADCDC-10067565. Fee Status: Fee Paid. by V. C., B. L., L. S.. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Corkery, Dennis) (Entered: 05/15/2023)

Notice of QC

Order on Motion for Leave to Appear Pro Hac Vice

NOTICE OF ERROR re 18 Motion for Leave to Appear Pro Hac Vice; emailed to dennis_corkery@washlaw.org, cc'd 18 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed, 2. Pro Hac Vice motion must be accompanied by a Certificate of Good Standing issued within the last 30 days (LCvR 83.2(c)(2)). Please file certificate as an Errata. (zjm, )

ERRATA by V. C., B. L., L. S. re 18 Motion for Leave to Appear Pro Hac Vice,. (Attachments: # 1 Exhibit Certificate of Good Standing for Mary Laura Graham)(Corkery, Dennis) (Entered: 05/15/2023)

MINUTE ORDER. The Court is in receipt of the 18 Motion for Leave to Appear Pro Hac Vice and 19 Errata as to Attorney Mary Laura Graham, to appear as counsel for Plaintiffs. Attorney Graham's supporting declaration indicates that she practices from an office in the District of Columbia. Pursuant to LCvR 83.2(c)(2) and the comment thereto, as amended May 26, 2022, the 18 Motion to Appear Pro Hac Vice as to Mary Laura Graham is GRANTED conditional upon Attorney Graham submitting an Application for Admission to the Bar of the United States District and Bankruptcy Courts for the District of Columbia on or before MAY 22, 2023. Signed by Judge Colleen Kollar-Kotelly on 5/15/23. (lcckk3)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John R. Sabacinski, Filing fee $ 100, receipt number ADCDC-10085548. Fee Status: No Fee Paid. by V. C., B. L., L. S.. (Attachments: # 1 Declaration of John R. Sabacinski in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Freedman, John) (Entered: 05/22/2023)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. The Court is in receipt of the 20 Motion for Leave to Appear Pro Hac Vice as to Attorney John R. Sabacinski, to appear as counsel for Plaintiffs. The Court GRANTS the 20 Motion CONTINGENT on said attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than MAY 25, 2023. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 5/22/23. (lcckk3)

MOTION to Modify Pro Hac Vice Admission by V. C., B. L., L. S.. (Graham, Mary) (Entered: 05/23/2023)

NOTICE of Appearance by John Sabacinski on behalf of V. C., B. L., L. S. (Sabacinski, John) (Entered: 05/24/2023)

DECLARATION Supplemental Declaration of John R. Sabacinski in Support of Motion for Admission Pro Hac Vice by V. C., B. L., L. S. re 20 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John R. Sabacinski, Filing fee $ 100, receipt number ADCDC-10085548. Fee Status: No Fee Paid. filed by V. C., B. L., L. S.. (Sabacinski, John) (Entered: 05/24/2023)

ANSWER to Complaint with Jury Demand by DISTRICT OF COLUMBIA.(Disney, Pamela) (Entered: 06/26/2023)

Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Certify Class by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 06/30/2023)

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

Set/Reset Deadlines

MINUTE ORDER. The Court is in receipt of the 25 Consent Motion for Extension of Time, in which Defendant seeks a two-week extension to reply to Plaintiffs' 8 Motion to Certify Class. Defendant explains that summer holidays and plans necessitate additional time to prepare a response. Plaintiffs consent to the Motion. The Court GRANTS the 25 Motion and ORDERS Defendant to respond to the 8 Motion by no later than JULY 24, 2023. Signed by Judge Colleen Kollar-Kotelly on 7/11/23. (lcckk3)

Set/Reset Deadlines: Defendant to respond to the 8 Motion by 7/24/2023 (zglw)

Joint MOTION to Stay re 8 MOTION to Certify Class by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 07/18/2023)

Order on Motion to Stay

Set/Reset Hearings

MINUTE ORDER. The Court is in receipt of the 26 Joint Motion to Stay briefing on Plaintiff's 8 Motion for Class Certification. Defendant's opposition is currently due July 24, 2023. The Motion states that "[t]he Parties have conferred and believe that pausing briefing on the Motion for Class Certification while discovery occurs will be a more efficient use of their (and the Court's) time. The Parties also propose that after the Court issues a Scheduling Order, the Parties will provide a proposed schedule which will include class-certification briefing, in accordance with LCvR 16.3(c)(12)." The Court therefore GRANTS the 26 Joint Motion and ORDERS that Defendant's opposition to Plaintiff's 8 Motion for Class Certification is STAYED until further order of Court. Signed by Judge Colleen Kollar-Kotelly on 7/19/23. (lcckk3)

ORDER for Initial Scheduling Conference. Conference scheduled for AUGUST 18, 2023 at 11:00 am via Zoom videoconference. Signed by Judge Colleen Kollar-Kotelly on 7/19/23. (lcckk3) (Entered: 07/19/2023)

Set/Reset Hearings: Initial Scheduling Conference set for 8/18/2023 at 11:00 AM via Telephonic/VTC before Judge Colleen Kollar-Kotelly. (dot)

MOTION to Withdraw as Attorney M. Laura Graham by V. C., B. L., L. S.. (Graham, Mary) (Entered: 07/19/2023)

Order on Motion to Withdraw as Attorney

MINUTE ORDER. The Court is in receipt of the 28 Motion to Withdraw as Attorney, in which Attorney Graham states that she is leaving her employment; Plaintiff will continue to be represented by others from the organization, as well as from a law firm. The Court GRANTS the 28 Motion to Withdraw. Signed by Judge Colleen Kollar-Kotelly on 7/20/23. (lcckk3)

Consent MOTION to Continue Initial Scheduling Conference by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Heath, Brendan) (Entered: 08/01/2023)

Order on Motion to Continue

MINUTE ORDER. The Court is in receipt of the 29 Consent Motion to Continue Initial Scheduling Conference, in which Defendant explains that Defense counsel has "preexisting commitments that impair their ability to adequately prepare for and appear at the conference." This is Defendant's first request for a continuance and Plaintiff consents. The Court GRANTS the 29 Motion and CONTINUES the Initial Scheduling Conference set for August 18, 2023 until SEPTEMBER 15, 2023 at 5:00 PM EST. Signed by Judge Colleen Kollar-Kotelly on 8/2/23. (lcckk3)

Set/Reset Hearings: Initial Scheduling Conference set for 9/15/2023 at 5:00 PM via Telephonic/VTC before Judge Colleen Kollar-Kotelly. (dot)

Set/Reset Hearings

Joint MOTION to Continue Scheduling Conference by V. C., B. L., L. S.. (Attachments: # 1 Text of Proposed Order)(McGough, Kristin) (Entered: 08/24/2023)

Order on Motion to Continue

MINUTE ORDER. The Court is in receipt of the 30 Joint Motion to Continue Scheduling Conference, in which the parties jointly move to continue the Initial Scheduling Conference set for September 15, 2023 to allow additional time to explore the possibility of early mediation. The parties explain that "their prior cooperative efforts suggest that mediation could be fruitful." The parties propose the week of October 2, 2023. The Court GRANTS the 30 Motion and ORDERS that the Initial Scheduling Conference set for September 15, 2023 be CONTINUED until OCTOBER 6, 2023 at 10:00 am EST via Zoom videoconference. Signed by Judge Colleen Kollar-Kotelly on 8/25/23. (lcckk3)

Set/Reset Hearings: Initial Scheduling Conference set for 10/6/2023 at 10:00 AM via Telephonic/VTC before Judge Colleen Kollar-Kotelly. (dot)

NOTICE OF WITHDRAWAL OF APPEARANCE as to V. C., B. L., L. S.. Attorney Jacqueline Kutnik-Bauder terminated. (Kutnik-Bauder, Jacqueline) (Entered: 09/05/2023)

Set/Reset Hearings

Joint MOTION for Mediation Referring Case to Mediation by V. C., B. L., L. S.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(McGough, Kristin). Added MOTION to Stay on 10/2/2023 (zjm). Modified on 10/2/2023 to correct relief (zjm). (Entered: 09/29/2023)

ORDER granting 32 Motion and referring case to D.C. Circuit Executive Mediation Program for mediation to commence on October 2, 2023 until February 2, 2024. The Court STAYS this case until FEBRUARY 2, 2024 and ORDERS the parties to file a Joint Status Report by that date. The Court also VACATES the conference set for October 6, 2023. See Order for more details. Signed by Judge Colleen Kollar-Kotelly on 10/2/23. (lcckk3) (Entered: 10/02/2023)

Joint STATUS REPORT by V. C., B. L., L. S.. (McGough, Kristin) (Entered: 02/02/2024)

.Order

MINUTE ORDER. The Court is in receipt of the 34 Joint Status Report, in which the parties indicate that they have participated in two mediation sessions, with a third scheduled for March 1, 2024. The parties are also working cooperatively in the informal exchange of discovery materials. They therefore propose an additional four-month stay of the litigation. The Court therefore ORDERS that this case be stayed until JUNE 3, 2024 and ORDERS the parties to file a joint status report that day providing an update on the status of the case. Signed by Judge Colleen Kollar-Kotelly on 2/5/24. (lcckk3)

Set/Reset Deadlines: Joint Status Report due by 6/3/2024, providing an update on the status of the case. (dot)

Set/Reset Deadlines

Joint STATUS REPORT by V. C., B. L., L. S.. (McGough, Kristin) (Entered: 06/03/2024)

.Order

MINUTE ORDER. The Court is in receipt of the 35 Joint Status Report, in which the parties indicate that they have participated in three mediation sessions and have continued to meet independently on a frequent basis. They therefore propose an additional four-month stay of the litigation. The Court therefore ORDERS that this case be stayed until OCTOBER 4, 2024 and ORDERS the parties to file a joint status report that day providing an update on the status of the case. Signed by Judge Colleen Kollar-Kotelly on 6/4/24. (lcckk3)

Set/Reset Deadlines: Joint Status Report due by 10/4/2024. (dot)

Set/Reset Deadlines