Case: Horse v. District of Columbia

1:17-cv-01216 | U.S. District Court for the District of Columbia

Filed Date: June 21, 2017

Closed Date: July 21, 2021

Clearinghouse coding complete

Case Summary

On June 21, 2017, a photojournalist, a practicing attorney, and two demonstrators filed this lawsuit against the District of Columbia, the individual police officers who committed the alleged acts, the police officers’ supervisors, and the chief of D.C. police in the U.S. District Court of the District of Columbia. Another female demonstrator and her 10-year-old son joined the suit through an amended complaint on January 3, 2018. The plaintiffs claimed, under 42 U.S.C. § 1983, that the defendan…

On June 21, 2017, a photojournalist, a practicing attorney, and two demonstrators filed this lawsuit against the District of Columbia, the individual police officers who committed the alleged acts, the police officers’ supervisors, and the chief of D.C. police in the U.S. District Court of the District of Columbia. Another female demonstrator and her 10-year-old son joined the suit through an amended complaint on January 3, 2018. The plaintiffs claimed, under 42 U.S.C. § 1983, that the defendants violated their rights under the First, Fourth and Fifth Amendments, and various D.C. laws. The plaintiffs, represented by the ACLU, sought compensatory and punitive damages, plus costs. The case was assigned to Judge Amy Berman Jackson.

The plaintiffs alleged that on the morning of Inauguration Day, January 20, 2017, they traveled to DC to peacefully demonstrate and document the demonstrations protesting the inauguration of Donald Trump. After several acts of vandalism performed by third parties, the plaintiffs claimed that the police took several illegal actions against them. Plaintiffs alleged that the defendants failed to give dispersal orders before firing chemical irritants on the crowd and chasing them toward an enclosed street corner. The plaintiffs claimed the defendants falsely imprisoned the plaintiffs, along with 200 other individuals, violating D.C.’s First Amendment Assemblies Act and their protected free speech. They also claimed that the defendants used a practice called “kettling” where the plaintiffs were kept for up to 9-10 hours while denied access to food, water, or toilet services. The plaintiffs claimed the defendants intentionally trapped the plaintiffs before sealing off the kettle preventing escape and continued to use chemical irritants on the plaintiffs after they were trapped in the "kettle."

The plaintiff mother, son, and legal observer, who were outside of the “kettle,” alleged that they peaceably observed and protested the kettling of the other demonstrators. They stated that, without any dispersal order, the defendants fired chemical irritants on the crowd, including the 10-year-old plaintiff and knocked him to the ground. After being taken out of the kettle, the plaintiffs claimed that the defendants physically injured their wrists, causing one plaintiff's wrist to bleed from the zip ties for several hours. Moreover, two plaintiffs claimed that the defendants subjected them to unreasonable searches via rectal probing with no just cause.

On March 30, 2018, the defendants filed a motion to dismiss the amended complaint. They based their motion on the grounds that they are entitled to qualified immunity against the plaintiffs’ constitutional claims, there was probable cause to arrest certain plaintiffs, and other plaintiffs failed to state a claim for assault or battery, among others.

On the same day, a defendant officer John Doe filed a motion to dismiss Claim 16 (intentional infliction of emotional distress) of the plaintiffs’ amended complaint, or in the alternative, a motion for summary judgment on the grounds that certain plaintiffs’ allegations contradicted their prior allegations and their allegations were disproved by the evidence.

On April 19, 2018, the plaintiffs filed a motion to strike the defendant's motions. However, on November 12, 2018, Judge Jackson ruled that the motion to strike is procedurally improper and treated the motion as an opposition to the defendant’s motion to dismiss. In addition, Judge Jackson denied defendant John Doe’s motion to dismiss or for summary judgment without prejudice on the grounds that it is premature because the defendant was not yet named as a defendant in the lawsuit.

On January 3, 2019, defendant officer John Doe renewed his motion to dismiss, which was then opposed by the plaintiffs. The defendants’ motion to dismiss filed on March 30, 2018 was pending at the same time.

On September 27, 2019, Judge Jackson granted the defendants’ motion to dismiss the amended complaint as to claims 2 (arrest for protected speech), 4 (negligence per se for the violation of the protected assemblies act through kettling), 5 (negligence per se for the violation of the protected assemblies act through failure to provide a dispersal order), 8 (negligence per se for the violation of the protected assemblies act through use of chemical irritants), 9 (excessive force for knocking down a minor), 10 (assault for knocking down a minor), 13 (negligence per se for the violation of the protected assemblies act through failure to provide food), and 14 (negligence per se for the violation of the protected assemblies act through failure to process arrestees promptly). Judge Jackson denied the motion as to all other claims (arrest without probable cause, false arrest, excessive force and assault for use of chemical irritants, excessive force for zipties, unlawful pre-trial confinement, intentional infliction of emotional distress, and unreasonable search). Defendant John Doe’s motion to dismiss, which was based on search practices, was also denied in whole. Class certification litigation was stayed pending further order of the court.

With the consent of the parties on October 18, 2019, the matter was referred to the court’s mediation program to commence on October 22, 2019. The parties filed a joint motion to extend time for mediation on December 16, 2019, which Judge Jackson granted the following day. The court ordered that mediation shall conclude by February 7, 2020 but then granted extensions on the mediation deadline based on status reports. The court ordered mediation conclude by June 12, 2020.

Throughout 2020, the court continued to stay the case and extend the deadline for the conclusion of mediation. The parties continued to negotiate attempts to reach an agreement. A January 25, 2021 status report indicated that they had agreed on final terms of a settlement agreement, subject to Mayoral approval. The parties disputed over the next steps. The defendants sought a 60 day stay for the Mayor to consider and approve the settlement. The plaintiffs argued that Mayoral approval was not required and that all was left to do was sign the agreement. The plaintiffs requested a status hearing to discuss if the defendants would be signing the agreement, and if not, the next steps in the litigation. The court held a status hearing on February 26, 2021 and gave the defendants additional time to obtain approval.

As of April 2021, the agreement had remained unsigned. The parties filed another status report on April 6, 2021. The defendants indicated that the Mayor approved the settlement except for one term. The plaintiffs, meanwhile, asserted that this was not true and that rather the Mayor flatly rejected the agreement. They expressed a desire to reach a settlement with the defendants but indicated that they also intend to move the litigation forward in the meantime.

On April 13, 2021, the plaintiffs accepted the defendants’ proposed language. The parties, on April 26, 2021, submitted a Joint Notice of Settlement, stating that the plaintiffs would file a stipulation of dismissal without 15 days of completion of the agreement. According to the ACLU DC, the plaintiffs will be paid $605,000 in an agreement that the defendants would not oppose the arrested plaintiffs’ motion to expunge their arrest records and policy changes to speed up processing during the mass arrests and to require that officers be reminded of the First Amendment Assemblies Act prior to mass demonstrations. 

On July 21, 2021, the parties stipulated to the dismissal with prejudice and each party bearing its own fees and costs.

This case is closed. 

Summary Authors

Will McCartney (1/17/2018)

Sichun Liu (5/20/2020)

Emily Kempa (4/8/2021)

Andrew Eslich (11/13/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6078022/parties/horse-v-district-of-columbia/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Blackman, Duane Gordon (District of Columbia)

Blecher, Matthew Robert (District of Columbia)

Bluming, Micah Ian (District of Columbia)

Browder, Rachel A. (District of Columbia)

Gonzalez, Joseph A. (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:17-cv-01216

Docket [PACER]

April 7, 2021

April 7, 2021

Docket
1

1:17-cv-01216

Complaint for Damages

June 21, 2017

June 21, 2017

Complaint
29

1:17-cv-01216

First Amended Complaint for Damages

Jan. 3, 2018

Jan. 3, 2018

Complaint
38

1:17-cv-01216

Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint

March 30, 2018

March 30, 2018

Pleading / Motion / Brief
40

1:17-cv-01216

Officer John Doe's Motion to Dismiss or, in the Alternative, Motion for Summary Judgment

March 30, 2018

March 30, 2018

Pleading / Motion / Brief
67

1:17-cv-01216

Order

Oct. 22, 2019

Oct. 22, 2019

Order/Opinion
80

1:17-cv-01216

Joint Status Report

May 14, 2020

May 14, 2020

Pleading / Motion / Brief
88

1:17-cv-01216

Joint Status Report

Jan. 25, 2021

Jan. 25, 2021

Pleading / Motion / Brief
94

1:17-cv-01216

Joint Status Report

April 13, 2021

April 13, 2021

Pleading / Motion / Brief
95

1:17-cv-01216

Joint Status Report

April 21, 2021

April 21, 2021

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6078022/horse-v-district-of-columbia/

Last updated Feb. 23, 2024, 4:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ALL DEFENDANTS with Jury Demand ( Filing fee $ 400 receipt number 0090-4999882) filed by JUDAH ARIEL, ELIZABETH LAGESSE, MILO GONZALEZ, SHAY HORSE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Michelman, Scott) (Entered: 06/21/2017)

1 Civil Cover Sheet

View on RECAP

2 Summons

View on RECAP

3 Summons

View on RECAP

4 Summons

View on PACER

June 21, 2017

June 21, 2017

Clearinghouse

Case Assigned/Reassigned

June 21, 2017

June 21, 2017

PACER
2

MOTION File complaint without listing addresses re 1 Complaint, by Judah Ariel, Milo Gonzalez, Shay Horse, Elizabeth Lagesse (Michelman, Scott) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER

Case Assigned to Judge Amy Berman Jackson. (md)

June 21, 2017

June 21, 2017

PACER

MINUTE ORDER. Plaintiffs' motion for leave to file their complaint without listing their home addresses is granted in part and denied in part. Plaintiff shall file a complaint under seal that lists their home addresses. They must also file on the public docket a version of the complaint with their addresses redacted. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/22/2017. (lcabj3)

June 22, 2017

June 22, 2017

PACER

Order on Motion for Miscellaneous Relief

June 22, 2017

June 22, 2017

PACER
3

SUMMONS (3) Issued Electronically as to DISTRICT OF COLUMBIA, PETER NEWSHAM, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachments: # 1 Notice of Consent) (zmd) (Entered: 06/23/2017)

1 Notice of Consent

View on RECAP

June 23, 2017

June 23, 2017

PACER
4

SEALED DOCUMENT filed by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE(This document is SEALED and only available to authorized persons.)(Michelman, Scott) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
5

NOTICE OF FILING REDACTED DOCUMENT to 4 Sealed Document, Order on Motion for Miscellaneous Relief, by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Redacted Complaint)(Michelman, Scott) (Entered: 06/23/2017)

1 Redacted Complaint

View on PACER

June 23, 2017

June 23, 2017

RECAP
6

MOTION for Discovery to identify "John Doe" defendants by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE (Michelman, Scott) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

RECAP

MINUTE ORDER. The 6 motion for discovery will be denied without prejudice at this time since the District of Columbia has not yet had the opportunity to be heard on the issue, and the statute of limitations does not pose an immediate concern. Plaintiffs may renew their motion after the District has been served and an attorney for the District has entered an appearance. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/11/2017.(lcabj3)

July 11, 2017

July 11, 2017

PACER

Order on Motion for Discovery

July 11, 2017

July 11, 2017

PACER
7

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 7/7/2017. Answer due for ALL D.C. DEFENDANTS by 7/28/2017. (Michelman, Scott) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
8

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 07/07/2017. (Michelman, Scott) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PETER NEWSHAM served on 7/7/2017 (Michelman, Scott) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
10

NOTICE of Appearance by Amanda Montee on behalf of DISTRICT OF COLUMBIA, PETER NEWSHAM (Montee, Amanda) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
11

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

RECAP
12

NOTICE of Appearance by Matthew Robert Blecher on behalf of DISTRICT OF COLUMBIA, PETER NEWSHAM (Blecher, Matthew) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

RECAP
13

NOTICE of Appearance by Eric Uriol Johnson on behalf of DISTRICT OF COLUMBIA, PETER NEWSHAM (Johnson, Eric) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

RECAP
14

Consent MOTION for Extension of Time to File Answer by DISTRICT OF COLUMBIA, PETER NEWSHAM (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Montee, Amanda) (Entered: 07/21/2017)

1 Memorandum in Support

View on PACER

2 Text of Proposed Order

View on PACER

July 21, 2017

July 21, 2017

RECAP

Order on Motion for Extension of Time to Answer

July 21, 2017

July 21, 2017

PACER

MINUTE ORDER granting defendants' 14 consent motion for an extension of time. Defendants shall file a responsive pleading by September 26, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/21/2017. (lcabj3)

July 21, 2017

July 21, 2017

PACER
15

MOTION for Discovery EXPEDITED, to identify unknown defendants, by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE (Attachments: # 1 Exhibit A - proposed interrogatories, # 2 Exhibit B - sample photographs, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 08/22/2017)

1 Exhibit A - proposed interrogatories

View on PACER

2 Exhibit B - sample photographs

View on PACER

3 Text of Proposed Order

View on PACER

Aug. 22, 2017

Aug. 22, 2017

RECAP

Order

Aug. 22, 2017

Aug. 22, 2017

PACER

MINUTE ORDER. If defendants wish to be heard on their objections to proposed interrogatory 1 and the production of the photographs, they shall file an opposition to the 15 motion for expedited discovery by September 8, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/22/2017. (lcabj3)

Aug. 22, 2017

Aug. 22, 2017

PACER
16

MOTION to Stay Deadline to File Answer, MOTION for Extension of Time to File Answer by DISTRICT OF COLUMBIA, PETER NEWSHAM (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Montee, Amanda) (Entered: 08/30/2017)

1 Memorandum in Support

View on RECAP

2 Text of Proposed Order

View on PACER

Aug. 30, 2017

Aug. 30, 2017

RECAP
17

RESPONSE re 16 MOTION to Stay Deadline to File Answer MOTION for Extension of Time to File Answer filed by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE. (Michelman, Scott) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

RECAP

Order

Sept. 8, 2017

Sept. 8, 2017

PACER
18

Memorandum in opposition to re 15 MOTION for Discovery EXPEDITED, to identify unknown defendants, filed by DISTRICT OF COLUMBIA, PETER NEWSHAM. (Attachments: # 1 Exhibit 1: Gonzalez Profile Picture)(Blecher, Matthew) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER

MINUTE ORDER. Given plaintiffs' stated interest in expedition of this matter, plaintiffs shall inform the Court by Wednesday September 13, 2017, whether they oppose the government's proposal to resolve the disputed portions of the pending 15 motion for discovery, that is, that the defense will 1) provide plaintiffs with the names of the officers who arrested and searched them; 2) make photographs of the officers in the area available for inspection by plaintiffs and plaintiffs' counsel at MPD headquarters, at their convenience; and 3) provide the information needed to name any officers recognized and identified as Doe defendants through that process. Def.'s 18 Opp. at 2. If this is not an acceptable resolution, plaintiffs must explain why additional discovery is needed to accomplish the stated purpose of the requested early discovery. The Court also wishes to advise counsel that this case is in its very early stages, and that the pleadings to be filed in the future will be more effective and better received if the emphasis is placed on factual and legal arguments rather than on casting aspersions on opposing counsel. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/8/2017. (lcabj3)

Sept. 8, 2017

Sept. 8, 2017

PACER

Set/Reset Deadlines: Plaintiffs shall inform the Court by 9/13/2017, whether they oppose the government's proposal to resolve the disputed portions of the pending Motion for Discovery. (jth)

Sept. 11, 2017

Sept. 11, 2017

PACER

Set/Reset Deadlines

Sept. 11, 2017

Sept. 11, 2017

PACER
19

REPLY to opposition to motion re 15 MOTION for Discovery EXPEDITED, to identify unknown defendants, filed by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE. (Attachments: # 1 Exhibit A - revised proposed interrogatories, # 2 Exhibit B - redlined interrogatories, # 3 Exhibit C - social media examples, # 4 Exhibit D - MPD award brochures)(Michelman, Scott) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
20

NOTICE Regarding Proposed Discovery Procedure by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE re Order,,,, (Michelman, Scott) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
21

REPLY to opposition to motion re 16 MOTION to Stay Deadline to File Answer MOTION for Extension of Time to File Answer filed by DISTRICT OF COLUMBIA, PETER NEWSHAM. (Johnson, Eric) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
22

ORDER. Plaintiffs' 15 motion for expedited discovery is GRANTED IN PART. Plaintiffs may propound the revised interrogatories that were attached to their reply brief [Dkt. # 19-1]. Defendant MPD must produce the photographs called for by Interrogatory Number 1, subject to a protective order. Defendants' 16 motion to stay the deadline to file a responsive pleading, or for an extension of time to file a responsive pleading, is GRANTED IN PART. The following schedule will govern further proceedings in this matter: The District shall respond to the interrogatories by October 13, 2017. Plaintiffs shall file any amended complaint and return the photographs by November 3, 2017. And defendants shall file a responsive pleading by November 29, 2017. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/18/2017. (lcabj3) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

RECAP
23

Consent MOTION for Protective Order by DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Montee, Amanda) Modified event title on 10/12/2017 (znmw). (Entered: 10/11/2017)

1 Memorandum in Support

View on PACER

2 Text of Proposed Order

View on PACER

Oct. 11, 2017

Oct. 11, 2017

PACER
24

STIPULATED PROTECTIVE ORDER (see the order for complete details). Signed by Judge Amy Berman Jackson on 10/12/2017. (jth) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

RECAP
25

Consent MOTION for Extension of Time to Amend 1 Complaint, by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER

MINUTE ORDER granting 25 plaintiffs' motion for an extension of time to file amended complaint by November 7, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/03/2017. (lcabj3)

Nov. 3, 2017

Nov. 3, 2017

PACER

Order on Motion for Extension of Time to Amend

Nov. 3, 2017

Nov. 3, 2017

PACER
26

Consent MOTION for Discovery to identify "Doe" defendants, Consent MOTION for Extension of Time to Amend 1 Complaint, and to Respond to Amended Complaint by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE (Attachments: # 1 Exhibit A (proposed interrogatories), # 2 Text of Proposed Order)(Michelman, Scott) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER

MINUTE ORDER. The Court grants the consent motion allowing plaintiffs to serve three additional interrogatories on defendants for the purpose of obtaining the identities of the "Doe" defendants. These three interrogatories will not count against plaintiffs' limit under the Federal Rules of Civil Procedure. The Court also grants the request for an extension of time and sets the following schedule: Defendants shall respond to the interrogatories by December 11, 2017. Plaintiffs shall amend the complaint by January 2, 2018. Defendants shall file their response by February 16, 2018. Signed by Judge Amy Berman Jackson on 11/08/2017. (lcabj3)

Nov. 8, 2017

Nov. 8, 2017

PACER

Order on Motion for Discovery

Nov. 8, 2017

Nov. 8, 2017

PACER
27

SEALED DOCUMENT filed by JUDAH ARIEL, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE, Gwen Frisbie-Fulton, A. S. re Order on Motion for Discovery,,, Order on Motion for Extension of Time to Amend,,, Set/Reset Deadlines,, 1 Complaint, Order on Motion for Miscellaneous Relief, (This document is SEALED and only available to authorized persons.)(Michelman, Scott) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
28

REQUEST FOR SUMMONS TO ISSUE to new defendants re 27 Sealed Document, filed by JUDAH ARIEL, A. S., ELIZABETH LAGESSE, Gwen Frisbie-Fulton, MILO GONZALEZ, SHAY HORSE. Related document: 27 Sealed Document, filed by JUDAH ARIEL, Gwen Frisbie-Fulton, ELIZABETH LAGESSE, MILO GONZALEZ, SHAY HORSE, A. S.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons)(Michelman, Scott) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
29

AMENDED COMPLAINT with addresses redacted against All Defendants with Jury Demand filed by ELIZABETH LAGESSE, SHAY HORSE, A. S., Gwen Frisbie-Fulton, JUDAH ARIEL, MILO GONZALEZ.(Michelman, Scott) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

Clearinghouse
30

SUMMONS (27) Issued Electronically as to ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS. (znmw) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

RECAP
31

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT ALDER served on 1/24/2018, answer due 2/14/2018; ANTHONY ALIOTO served on 1/24/2018, answer due 2/14/2018; AULIO ANGULO served on 1/24/2018, answer due 2/14/2018; DENNIS BALDWIN served on 1/24/2018, answer due 2/14/2018; BRUCE BASKERVILLE served on 1/24/2018, answer due 2/14/2018; DONALD BOGARDUS served on 1/24/2018, answer due 2/14/2018; DIANE BROOKS served on 1/24/2018, answer due 2/14/2018; JEFFERY CARROLL served on 1/24/2018, answer due 2/14/2018; FERNEY DENNIS served on 2/1/2018, answer due 2/22/2018; KEITH DEVILLE served on 1/24/2018, answer due 2/14/2018; COURTNEY FLASH served on 1/24/2018, answer due 2/14/2018; LAMAR GREENE served on 1/24/2018, answer due 2/14/2018; SEAN HILL served on 1/24/2018, answer due 2/14/2018; HARVY HINOSTROZA served on 1/24/2018, answer due 2/14/2018; MICHAEL HOWDEN served on 2/1/2018, answer due 2/22/2018; JOSEPH MASCI served on 1/24/2018, answer due 2/14/2018; MICHAEL MURPHY served on 1/24/2018, answer due 2/14/2018; PAUL NIEPLING served on 1/24/2018, answer due 2/14/2018; KENNETH PARKER served on 1/24/2018, answer due 2/14/2018; LEONARD ROCCATO served on 1/24/2018, answer due 2/14/2018; GREGORY ROCK served on 1/24/2018, answer due 2/14/2018; TIMOTHY STEFFES served on 1/24/2018, answer due 2/14/2018; DANIEL THAU served on 1/24/2018, answer due 2/14/2018; PHOKHAM VONGKEO served on 1/24/2018, answer due 2/14/2018; MELVIN WASHINGTON served on 1/24/2018, answer due 2/14/2018; MICHAEL WHITESIDE served on 1/24/2018, answer due 2/14/2018; SEQUITA WILLIAMS served on 1/24/2018, answer due 2/14/2018 (Attachments: # 1 Affidavit of service, # 2 Affidavit of service, # 3 Affidavit of service, # 4 Affidavit of service, # 5 Affidavit of service, # 6 Affidavit of service, # 7 Affidavit of service, # 8 Affidavit of service, # 9 Affidavit of service, # 10 Affidavit of service, # 11 Affidavit of service, # 12 Affidavit of service, # 13 Affidavit of service, # 14 Affidavit of service, # 15 Affidavit of service, # 16 Affidavit of service, # 17 Affidavit of service, # 18 Affidavit of service, # 19 Affidavit of service, # 20 Affidavit of service, # 21 Affidavit of service, # 22 Affidavit of service, # 23 Affidavit of service, # 24 Affidavit of service, # 25 Affidavit of service, # 26 Affidavit of service, # 27 Affidavit of service)(Michelman, Scott) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

RECAP
32

Consent MOTION for Extension of Time to File Answer re 29 Amended Complaint by DISTRICT OF COLUMBIA, PETER NEWSHAM (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Montee, Amanda) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

RECAP
33

NOTICE of Appearance by Amanda J. Montee on behalf of All Defendants (Montee, Amanda) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

RECAP
34

NOTICE of Appearance by Amanda J. Montee on behalf of JOSEPH MASCI (Montee, Amanda) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

RECAP

Order on Motion for Extension of Time to Answer

Feb. 9, 2018

Feb. 9, 2018

PACER

MINUTE ORDER granting 32 Motion for Extension of Time to Answer. Defendants must file a responsive pleading by March 30, 2018. If defendants file a motion to dismiss, plaintiffs' opposition is due on May 21, 2018, and defendants' reply is due on June 29, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/9/2018. (lcabj2)

Feb. 9, 2018

Feb. 9, 2018

PACER
35

NOTICE of Appearance by Eric Uriol Johnson on behalf of ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, DISTRICT OF COLUMBIA, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PETER NEWSHAM, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS (Johnson, Eric) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

RECAP
36

Consent MOTION for Leave to File Excess Pages by ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, DISTRICT OF COLUMBIA, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PETER NEWSHAM, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Montee, Amanda) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

RECAP

MINUTE ORDER granting 36 Motion for Leave to File Excess Pages. Defendants may file a memorandum in support of their motion to dismiss that is up to 70 pages, and plaintiffs may file an opposition of up to 70 pages. The Court hopes that 60 pages will be sufficient. The pleadings need not restate allegations already set out in considerable detail in the amended complaint, and the parties are strongly encouraged to endeavor to eliminate repetition as much as possible. Looking forward to the submission of defendants' reply, it may not repeat arguments set out in the memorandum in support of the motion, but must be limited to a reply to arguments advanced in plaintiffs' opposition. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/29/2018. (lcabj2)

March 29, 2018

March 29, 2018

PACER

Order on Motion for Leave to File Excess Pages

March 29, 2018

March 29, 2018

PACER
37

NOTICE of Appearance by Matthew Robert Blecher on behalf of ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, DISTRICT OF COLUMBIA, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PETER NEWSHAM, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS (Blecher, Matthew) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

RECAP
38

MOTION to Dismiss by ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, DISTRICT OF COLUMBIA, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PETER NEWSHAM, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 03/30/2018)

1 Text of Proposed Order

View on PACER

March 30, 2018

March 30, 2018

Clearinghouse
39

Consent MOTION for Leave to File Exhibits Under Seal by JOHN DOE (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

RECAP
40

MOTION to Dismiss, MOTION for Summary Judgment by JOHN DOE (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(Montee, Amanda) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

Clearinghouse

MINUTE ORDER granting 39 Motion for Leave to File Exhibits A, B, and H Under Seal. To the extent that the exhibits are audio or video files, defendant must deliver the files directly to chambers, where they will be maintained under seal, and provide copies of the files to plaintiffs. Defendant must then file a notice on the docket that it has done so. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/5/2018. (lcabj2)

April 5, 2018

April 5, 2018

PACER

Order on Motion for Leave to File

April 5, 2018

April 5, 2018

PACER
41

NOTICE by JOHN DOE (Montee, Amanda) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

RECAP
42

MOTION to Strike 40 MOTION to Dismiss MOTION for Summary Judgment by JUDAH ARIEL, GWEN FRISBIE-FULTON, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE, A. S. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott). Added MOTION to Name and Join Party on 4/23/2018 (znmw). (Entered: 04/19/2018)

1 Text of Proposed Order

View on PACER

April 19, 2018

April 19, 2018

RECAP
43

Memorandum in opposition to re 42 MOTION to Strike 40 MOTION to Dismiss MOTION for Summary Judgment MOTION to Name and Join Party filed by JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

RECAP
44

REPLY to opposition to motion re 42 MOTION to Strike 40 MOTION to Dismiss MOTION for Summary Judgment MOTION to Name and Join Party filed by JUDAH ARIEL, GWEN FRISBIE-FULTON, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE, A. S.. (Michelman, Scott) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

RECAP
45

Memorandum in opposition to re 38 MOTION to Dismiss filed by JUDAH ARIEL, GWEN FRISBIE-FULTON, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE, A. S.. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
46

Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss by ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, DISTRICT OF COLUMBIA, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PETER NEWSHAM, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

RECAP

MINUTE ORDER granting 46 Motion for Extension of Time to File Response/Reply. Defendants must file a reply in support of their 40 motion to dismiss by July 20, 2018. Signed by Judge Amy Berman Jackson on 6/22/2018. (lcabj2)

June 22, 2018

June 22, 2018

PACER

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

June 22, 2018

June 22, 2018

PACER
47

REPLY to opposition to motion re 38 MOTION to Dismiss filed by ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, DISTRICT OF COLUMBIA, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PETER NEWSHAM, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS. (Attachments: # 1 Exhibit)(Montee, Amanda) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
48

NOTICE OF WITHDRAWAL OF APPEARANCE as to ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, DISTRICT OF COLUMBIA, JOHN DOE, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PETER NEWSHAM, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS. Attorney Eric Uriol Johnson terminated. (Johnson, Eric) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

RECAP

MINUTE ORDER. Defendant John Doe has filed 40 a Motion to Dismiss or in the Alternative, for Summary Judgment, and plaintiffs have moved 42 to strike the motion. Pursuant to Federal Rules of Civil Procedure 7 and 12, plaintiffs' motion to strike 42 is procedurally improper because a motion to motion to strike is limited to pleadings, and a motion to dismiss under Rule 12 is not a pleading. See Modaressi v. Vedadi, 441 F. Supp. 2d 51, 54 (D.D.C. 2006). Thus, the Court will treat plaintiffs motion to strike as an opposition to defendant John Doe's motion to dismiss. See Bush v. Butler, 521 F. Supp. 2d 63, 66 n.1 (D.D.C. 2007). After consideration of the motion and the opposition, Doe's Motion to Dismiss or for Summary Judgment 40 is hereby DENIED without prejudice on the grounds that it is premature. Defendant John Doe has not yet been served or named in the case, and so he "cannot be dismissed... from a lawsuit to which [he is] not a part[y]." Maverick Entmt Grp., Inc. v. Does 1-2, 115, 810 F. Supp. 2d 1, 16 (D.D.C. 2011); see also Hard Drive Prods., Inc. v. Does, 2012 WL 3296582, at *3 (D.D.C. Aug. 13, 2012) (finding that it is "improper as a matter of law" to evaluate motions to dismiss for lack of venue and personal jurisdiction where the defendants have not yet been named); Patrick Collins, Inc. v. Does 1-11, No. CV 12-767, 2012 WL 13063445, at *2 (D.D.C. Oct. 10, 2012) (denying a motion to dismiss for lack of personal jurisdiction as premature because defendant John Doe was not named as a defendant in the lawsuit). It is therefore ORDERED that defendant District of Columbia must inform plaintiffs and the Court, under seal, of John Doe's identity by November 30, 2018. If plaintiffs intend to proceed with the allegations against him, plaintiffs must serve him and respond to his request to remain anonymous in this litigation by December 14, 2018. Since defendant John Doe has already filed a responsive pleading, the Court is hopeful that counsel will agree to accept service on his behalf. It is FURTHER ORDERED that defendant John Doe may then renew his motion to dismiss based on the previously filed memorandum of points and authorities, and plaintiffs must file a substantive opposition within 14 days. Signed by Judge Amy Berman Jackson on 11/20/2018. (lcabj2)

Nov. 20, 2018

Nov. 20, 2018

PACER
49

Consent MOTION for Extension of Time to Identify Defendant John Doe by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 11/30/2018)

1 Text of Proposed Order

View on PACER

Nov. 30, 2018

Nov. 30, 2018

RECAP
50

Consent MOTION for Extension of Time to Serve Defendant John Doe by JUDAH ARIEL, GWEN FRISBIE-FULTON, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE, A. S. (Michelman, Scott) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

RECAP

MINUTE ORDER granting 49 50 Motions for Extension of Time. Defendant District of Columbia must file a notice, under seal, informing plaintiffs and the Court of defendant John Doe's identity by December 7, 2018. Plaintiffs must serve defendant John Doe by January 7, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/3/2018. (lcabj2)

Dec. 3, 2018

Dec. 3, 2018

PACER
51

NOTICE OF SUBSTITUTION OF COUNSEL by Joseph Alfonso Gonzalez on behalf of JOHN DOE Substituting for attorney Amanda Montee and Matthew Blecher (Gonzalez, Joseph) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

RECAP
52

SEALED DOCUMENT filed by JOHN DOE(This document is SEALED and only available to authorized persons.)(Gonzalez, Joseph) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
53

ENTERED IN ERROR.....SEALED DOCUMENT filed by JUDAH ARIEL, GWEN FRISBIE-FULTON, MILO GONZALEZ, SHAY HORSE, ELIZABETH LAGESSE, A. S. re 29 Amended Complaint, Order on Motion to Dismiss,,,,,,,,,, Order on Motion for Summary Judgment,,,,,,,,,, Order on Motion to Strike,,,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,, Set/Reset Deadlines,,,,,,,,, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Summons TO BE ISSUED UNDER SEAL)(Michelman, Scott) Modified on 12/19/2018 (zjf). (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
54

NOTICE of Acceptance of Service of the Amended Complaint and Joint Notice Regarding Use of the John Doe Pseudonym by JOHN DOE (Gonzalez, Joseph) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

RECAP

MINUTE ORDER. Defendant John Doe must respond to the amended complaint by January 3, 2019. He may continue to proceed in this case under a pseudonym pending the resolution of that motion. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/13/2018. (lcabj2)

Dec. 13, 2018

Dec. 13, 2018

PACER

Set/Reset Deadlines: Defendant John Doe must respond to the Amended Complaint by January 3, 2019. (jth)

Dec. 13, 2018

Dec. 13, 2018

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 53 Sealed Document, was entered in error. Counsel served amended complaint by other means. (See Docket Entry 54 to view document)(zjf)

Dec. 19, 2018

Dec. 19, 2018

PACER
55

MOTION to Dismiss, MOTION for Summary Judgment by JOHN DOE (Attachments: # 1 Exhibit C-G)(Gonzalez, Joseph) (Entered: 01/03/2019)

1 Exhibit C-G

View on RECAP

Jan. 3, 2019

Jan. 3, 2019

RECAP
56

NOTICE OF SUBSTITUTION OF COUNSEL by Rachel A. Browder on behalf of ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, DISTRICT OF COLUMBIA, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PETER NEWSHAM, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS Substituting for attorney Amanda J. Montee (Browder, Rachel) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

RECAP
57

SEALED OPPOSITION filed by MILO GONZALEZ, SHAY HORSE. re 55 MOTION to Dismiss MOTION for Summary Judgment (Attachments: # 1 Statement of Facts, # 2 Declaration of M. Gonzalez, # 3 Declaration of S. Horse, # 4 Declaration, # 5 Exhibit A, # 6 Exhibit B, # 7 Text of Proposed Order)(Michelman, Scott) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
58

NOTICE of Filing of Redacted Documents by MILO GONZALEZ, SHAY HORSE re 55 MOTION to Dismiss MOTION for Summary Judgment, 57 Sealed Opposition, (Attachments: # 1 Opposition brief, # 2 Statement of Facts, # 3 Declaration of M. Gonzalez, # 4 Declaration of S. Horse, # 5 Text of Proposed Order)(Michelman, Scott) (Entered: 01/17/2019)

3

View on RECAP

4

View on RECAP

Jan. 17, 2019

Jan. 17, 2019

RECAP

MINUTE ORDER. The parties are reminded that in the future, notwithstanding the Court's December 13, 2018 minute order, any pleading sought to be filed under seal must be accompanied with a motion for leave to file under seal pursuant to Local Rule 5.1(h). SO ORDERED. Signed by Judge Amy Berman Jackson on 1/18/2019. (lcabj2)

Jan. 18, 2019

Jan. 18, 2019

PACER
59

Consent MOTION for Extension of Time to File Response/Reply as to 55 MOTION to Dismiss MOTION for Summary Judgment by JOHN DOE (Gonzalez, Joseph) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

RECAP

MINUTE ORDER granting 59 Motion for Extension of Time. Defendant John Doe's reply to plaintiff's opposition 57, in support of his motion to dismiss 55, must be filed by January 31, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/22/2019. (lcabj2)

Jan. 22, 2019

Jan. 22, 2019

PACER
60

SEALED REPLY TO OPPOSITION filed by JOHN DOE re 55 MOTION to Dismiss MOTION for Summary Judgment (This document is SEALED and only available to authorized persons.)(Gonzalez, Joseph) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER
61

NOTICE of Redacted Document by JOHN DOE re 60 Sealed Reply (Attachments: # 1 Redacted Reply Brief)(Gonzalez, Joseph) (Entered: 01/31/2019)

1 Redacted Reply Brief

View on PACER

Jan. 31, 2019

Jan. 31, 2019

RECAP
62

NOTICE OF WITHDRAWAL OF APPEARANCE as to ROBERT ALDER, ANTHONY ALIOTO, AULIO ANGULO, DENNIS BALDWIN, BRUCE BASKERVILLE, DONALD BOGARDUS, DIANE BROOKS, JEFFERY CARROLL, FERNEY DENNIS, KEITH DEVILLE, DISTRICT OF COLUMBIA, COURTNEY FLASH, LAMAR GREENE, SEAN HILL, HARVY HINOSTROZA, MICHAEL HOWDEN, JOSEPH MASCI, MICHAEL MURPHY, PETER NEWSHAM, PAUL NIEPLING, KENNETH PARKER, LEONARD ROCCATO, GREGORY ROCK, TIMOTHY STEFFES, DANIEL THAU, PHOKHAM VONGKEO, MELVIN WASHINGTON, MICHAEL WHITESIDE, SEQUITA WILLIAMS. Attorney Rachel A. Browder terminated. (Browder, Rachel) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

RECAP

Set/Reset Hearings

Sept. 17, 2019

Sept. 17, 2019

PACER

Set/Reset Hearings: A Status Conference in case numbers: 17-cv-1216 and 18-cv-120 is set for Friday, September 20, 2019, at 1:30 PM in Courtroom 3 before Judge Amy Berman Jackson. (jth)

Sept. 17, 2019

Sept. 17, 2019

PACER

Set/Reset Hearings: The Status Conference in case numbers: 17-cv-1216 and 18-cv-120 presently set for Friday, September 20, 2019, at 1:30 PM is reset for Friday, September 27, 2019, at 1:30 PM in Courtroom 3 before Judge Amy Berman Jackson. (jth)

Sept. 17, 2019

Sept. 17, 2019

PACER

Set/Reset Hearings

Sept. 27, 2019

Sept. 27, 2019

PACER

Set/Reset Hearings: The Status Conference in case numbers: 17-cv-1216 and 18-cv-120 presently set for Friday, September 27, 2019, at 1:30 PM is reset for Friday, September 27, 2019, at 2:00 PM (NEW STARTING TIME) in Courtroom 3 before Judge Amy Berman Jackson. (jth)

Sept. 27, 2019

Sept. 27, 2019

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Policing

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 21, 2017

Closing Date: July 21, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Peaceful demonstrators, a photojournalist, and legal observer protesting the inauguration of President Trump.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia (District of Columbia, District of Columbia), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $605,000

Issues

General:

Aggressive behavior

Conditions of confinement

Failure to discipline

Failure to supervise

Failure to train

Over/Unlawful Detention

Restraints : chemical

Restraints : physical

Policing:

Excessive force

False arrest

Pepper/OC Spray (policing)

Strip search policy (policing)