Case: O'HARA v. BECK

O'Hara v. Beck

COMPLAINT against DEVON BECK, TIFFANY BROWN, JM CAMPBELL, DISTRICT OF COLUMBIA, ALFONSO LOPEZ MARTINEZ, EDWARD REYES-BENIGNO with Jury Demand ( Filing fee $ 405 receipt number ADCDC-12038140) filed by DEVON BECK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Perloff, Michael) (Entered: 10/23/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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SEALED DOCUMENT filed by SAM OHARA(This document is SEALED and only available to authorized persons.)(Perloff, Michael) (Entered: 10/23/2025)

SUMMONS (7) Issued Electronically as to All Defendants, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 10/23/2025)

1 Notice and Consent

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Case Assigned/Reassigned

Case Assigned to Judge Timothy J. Kelly. (zhcn)

NOTICE of Appearance by Michael Krevans Perloff on behalf of SAM O'HARA (Perloff, Michael) (Entered: 10/31/2025)

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 10/31/2025. Answer due for ALL D.C. DEFENDANTS by 11/21/2025. (Perloff, Michael) (Entered: 10/31/2025)

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 10/31/2025. (Perloff, Michael) (Entered: 10/31/2025)

STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 11/3/2025. (lctjk3) (Entered: 11/03/2025)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by TIFFANY BROWN, DISTRICT OF COLUMBIA. (Finkhousen, Aaron) (Entered: 11/18/2025)

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

MINUTE ORDER: For the reasons given in Defendant District of Columbia's 8 Consent Motion for Extension of Time, and because Plaintiff consents, it is hereby ORDERED that the deadline for Defendants District of Columbia, Jim Campbell, Tiffany Brown, Edward Reyes-Benigno, and Alfonso Lopez Martinez to file an answer is EXTENDED from November 21, 2025 to January 9, 2026. Signed by Judge Timothy J. Kelly on 11/20/2025. (lctjk3)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEVON BECK served on 12/20/2025, answer due 1/10/2026 (Perloff, Michael) (Entered: 12/24/2025)

WAIVER OF SERVICE. JM CAMPBELL waiver sent on 12/13/2025, answer due 2/11/2026. (Finkhousen, Aaron) (Main Document 10 replaced on 1/6/2026) (znmw). (Entered: 01/05/2026)

WAIVER OF SERVICE. ALFONSO LOPEZ MARTINEZ waiver sent on 12/13/2025, answer due 2/11/2026. (Finkhousen, Aaron) (Main Document 11 replaced on 1/6/2026) (znmw). (Entered: 01/05/2026)

WAIVER OF SERVICE. EDWARD REYES-BENIGNO waiver sent on 12/13/2025, answer due 2/11/2026. (Finkhousen, Aaron) (Main Document 12 replaced on 1/6/2026) (znmw). (Entered: 01/05/2026)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, Second Consent Motion by TIFFANY BROWN, JM CAMPBELL, DISTRICT OF COLUMBIA, ALFONSO LOPEZ MARTINEZ, EDWARD REYES-BENIGNO. (Finkhousen, Aaron) (Entered: 01/05/2026)

MINUTE ORDER: For the reasons given in the 13 Consent Motion for Extension of Time from Defendants Brown, Campbell, Martinez, Reyes-Benigno, and the District of Columbia, and because Plaintiff consents to the relief sought, it is hereby ORDERED that the 13 Consent Motion is GRANTED. It is further ORDERED that the deadline for the aforementioned Defendants to file an answer is EXTENDED from January 9, 2026 to February 9, 2026. Signed by Judge Timothy J. Kelly on 1/6/2026. (lctjk3)

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

MINUTE ORDER: For the reasons given in the 18 Consent Motion for Extension of Time from Defendants Brown, Campbell, Martinez, Reyes-Benigno, and the District of Columbia, and because Plaintiff consents to the relief sought, it is hereby ORDERED that the 18 Consent Motion is GRANTED. It is further ORDERED that the deadline for the aforementioned Defendants to file an answer is EXTENDED from February 9, 2026, to February 23, 2026. Signed by Judge Timothy J. Kelly on 2/9/2026. (lctjk3)

MINUTE ORDER: Defendant Beck has filed a 15 Status Report, which, despite its name, moves the Court to order the Plaintiff to effect service under Rule 4(i) on the grounds that Beck is "a United States officer or employee." ECF No. 15 at 2. Plaintiff opposes, pointing out that the proper vehicle to object to service is a Rule 12(b)(5) motion. ECF No. 17. The Court agrees with Plaintiff. Whether Defendant Beck was operating as a state or federal officer at the time of the alleged events is a contested issue that goes as much to the merits of the suit as it does to the question of proper service. Under the circumstances, the course of action that best "secure[s] the just, speedy, and inexpensive determination" of this suit is to provide an extension for Defendant Beck to respond to the complaint. Fed. R. Civ. P. 1. Thus, because Defendant Beck does not argue that he failed to receive actual notice of the suit on December 20, 2025, and because Plaintiff has consented to a 30-day extension, see ECF No. 17, it is hereby ORDERED that Defendant Beck shall, by March 9, 2026, answer or otherwise respond to the complaint. The Court will then resolve any motion to dismiss for lack of proper service under Rule 12(b)(5), should Defendant Beck choose to file one. Signed by Judge Timothy J. Kelly on 2/9/2026. (lctjk3)

Set/Reset Deadlines: Answer due by 2/23/2026. (zkh)

MINUTE ORDER: For the reasons given in the 19 Consent Motion to Stay filed by Defendants Brown, Campbell, Martinez, Reyes-Benigno, and the District of Columbia, and because staying the proceeding as to those Defendants during settlement talks would properly save "time and effort" for all involved, see Landis v. N. Am. Co., 299 U.S. 248, 254 (1936), it is hereby ORDERED that all deadlines as to the aforementioned Defendants are STAYED until May 25, 2026. It is further ORDERED that Plaintiff and the aforementioned Defendants shall file a joint status report by May 22, 2026, informing the Court of how they wish to proceed. Signed by Judge Timothy J. Kelly on 2/23/2026. (lctjk3)

MINUTE ORDER: For the reasons given in the 20 Consent Motion for Extension of Time by Defendant Beck, and because Plaintiff consents to the relief sought, it is hereby ORDERED that the 20 Consent Motion is GRANTED. It is further ORDERED that Defendant Beck shall, by March 15, 2026, answer or otherwise respond to the complaint. It is further ORDERED that in the event Defendant Beck files a motion to dismiss, Plaintiff shall file his opposition by April 15, 2026, and Defendant Beck shall file his reply by April 29, 2026. Signed by Judge Timothy J. Kelly on 3/6/2026. (lctjk3)

Set/Reset Deadlines: If necessary, Response to Dispositive Motion due by 4/15/2026. Reply to Dispositive Motion due by 4/29/2026. (zkh)

MINUTE ORDER: For the reasons given in the 21 Joint Motion for Extension of Time by Defendant Beck, and because Plaintiff consents to the relief sought, it is hereby ORDERED that the 21 Consent Motion is GRANTED. It is further ORDERED that Defendant Beck shall, by April 14, 2026, answer or otherwise respond to the complaint. It is further ORDERED that in the event Defendant Beck files a motion to dismiss, Plaintiff shall file his opposition by May 14, 2026, and Defendant Beck shall file his reply by May 28, 2026. Signed by Judge Timothy J. Kelly on 3/16/2026. (lctjk3)

MOTION to Dismiss claims against Defendant Beck by DEVON BECK. (Attachments: # 1 Exhibit A - Doane Declaration, # 2 Exhibit B - SECDEF Memo, # 3 Exhibit C - JP 3-28, # 4 Exhibit D - JTF-DC MOU, # 5 Text of Proposed Order)(Tracy, Brian) (Entered: 04/14/2026)

1 Exhibit A - Doane Declaration

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2 Exhibit B - SECDEF Memo

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3 Exhibit C - JP 3-28

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4 Exhibit D - JTF-DC MOU

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5 Text of Proposed Order

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Consent MOTION for Extension of Time to File Opposition to Defendant Beck's Motion To Dismiss by SAM O'HARA. (Attachments: # 1 Text of Proposed Order)(Perloff, Michael) (Entered: 05/06/2026)

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

MINUTE ORDER: For the reasons given in Plaintiff's 23 Consent Motion for Extension of Time, and because Defendant Beck consents to the relief sought, it is hereby ORDERED that the 23 Consent Motion is GRANTED. It is further ORDERED that Plaintiff shall file his opposition to Defendant Beck's 22 Motion to Dismiss by June 15, 2026, and Defendant Beck shall file his reply in support by June 29, 2026. Signed by Judge Timothy J. Kelly on 5/7/2026. (lctjk3)

Joint STATUS REPORT by TIFFANY BROWN, JM CAMPBELL, DISTRICT OF COLUMBIA, ALFONSO LOPEZ MARTINEZ, EDWARD REYES-BENIGNO. (Finkhousen, Aaron) (Entered: 05/21/2026)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: For the reasons set forth in the parties' 24 Joint Status Report, and because staying the proceeding would save "time and effort" in light of the fact that the parties have reached a settlement agreement, Landis v. N. Am. Co., 299 U.S. 248, 254 (1936), it is hereby ORDERED that all deadlines as to Defendants Brown, Campbell, Martinez, Reyes-Benigno, and the District of Columbia shall remain STAYED until June 25, 2026. Signed by Judge Timothy J. Kelly on 5/22/2026. (lctjk3)