Fitzgibbon v. Radack (3:18-cv-00247)

Financial Interest Disclosure Statement (Local Rule 7.1) by Trevor Fitzgibbon. (Biss, Steven) (Entered: 04/15/2018)

Motion to appear Pro Hac Vice by Jeffrey Light and Certification of Local Counsel Andrew Clarke Filing fee $ 75, receipt number 0422-6053284. by Jesselyn A. Radack. (Clarke, Andrew) (Entered: 04/24/2018)

Notice of Correction re 5 Emergency MOTION to Seal Complaint. Document (5) contains more than one pleading. Please file the Memorandum in Support as a separate document and link it to Motion (5). (tjoh, )

Memorandum in Support re 5 Emergency MOTION to Seal Complaint filed by Jesselyn A. Radack. (Clarke, Andrew) (Entered: 04/24/2018)

Redacted version of Plaintiff's Complaint. (Biss, Steven) (Entered: 04/26/2018)

ORDER Filed nunc pro tune April 26, 2018. The EMERGENCY MOTION TO SEAL THE COMPLAINT (ECF No. 5) has been resolved by the agreement of the parties. Accordingly, it is hereby ORDERED that plaintiff's COMPLAINT (ECF No. 1) shall remain under seal. It is further ORDERED that, by close of business on April 26, 2018, the plaintiff shall file a redacted version of the Complaint that redacts completely all photographs or pictures contained within the COMPLAINT (ECF No. 1). it is hereby ORDERED that defendant's motion to dismiss on the ground of personal jurisdiction shall be filed by May 1, 2018; plaintiff's response shall be filed by May 15, 2018; defendant's reply shall be filed by May 22, 2018. If the parties determine that limited jurisdictional discovery is necessary and that such jurisdictional discovery cannot be completed within the deadlines established by this ORDER, they may request that those deadlines be adjusted. Signed by District Judge Robert E. Payne on 04/27/2018.(tjoh, ) (Entered: 04/27/2018)

CERTIFICATE of Service re 12 Amended Complaint by Steven Scott Biss on behalf of Trevor Fitzgibbon (Biss, Steven) (Entered: 04/30/2018)

MOTION to Dismiss for Lack of Jurisdiction by Jesselyn A. Radack. (Attachments: # 1 Proposed Order)(Clarke, Andrew) (Entered: 05/01/2018)

Consent MOTION for Extension of Time to File Response/Reply as to 11 Order,,,, by Trevor Fitzgibbon. (Attachments: # 1 Exhibit A)(Biss, Steven) (Entered: 05/07/2018)

MOTION for Extension of Deadline to File Memorandum in Opposition and Motion to Compel Jurisdictional Discovery by Trevor Fitzgibbon. (Biss, Steven) (Entered: 06/08/2018)

Memorandum in Opposition re 19 MOTION for Extension of Deadline to File Memorandum in Opposition and Motion to Compel Jurisdictional Discovery filed by Jesselyn A. Radack. (Attachments: # 1 Proposed Order)(Clarke, Andrew) (Entered: 06/12/2018)

Minute Entry for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 6/13/2018. (Court Reporter Peppy Peterson, OCR.) (nbrow)

ORDER that the plaintiff's COMBINED MOTION FOR EXTENSION OF TIME TO FILE MEMORANDUM IN OPPOSITION TO MOTION TO DISMISS OR TO TRANSFER VENUE -AND- MOTION TO COMPEL RESPONSES TO JURISDICTIONAL DISCOVERY REQUESTS (ECF No. 19 ) is granted in part, subject to the following rulings: 1) The defendant's general objections to the plaintiff's discovery requests are overruled; 2) The defendant's objection to Interrogatory 3 is overruled; 3) The defendant's objection to Interrogatory 4 is overruled, but the Interrogatory shall be modified as set forth on the record; 4) The defendant's objection to Interrogatory 5 is overruled, but the Interrogatory shall be modified as set forth on the record; 5) The defendant's objection to Interrogatory 6 is overruled, but the Interrogatory shall be modified as set forth on the record; 6) The defendant's objection to Interrogatory 10 is sustained; 7) Request for Production 2 shall be modified as set forth on the record; 8) Request for Production 3 shall be modified as set forth on the record; 9) The defendant's objection to Request for Production 6 is sustained; 10) The defendant's objection to Request for Production 7 is sustained; and 11) The defendant shall respond to the plaintiff's jurisdictional discovery requests as set forth on the record no later than June 27, 2018. It is so ORDERED. Signed by District Judge Robert E. Payne on 6/14/2018. (sbea, ) (Entered: 06/14/2018)

Memorandum in Support re 24 Consent MOTION for Protective Order filed by Jesselyn A. Radack. (Clarke, Andrew) (Entered: 06/27/2018)

STIPULATED PROTECTIVE ORDER. See Order for details. Signed by District Judge Robert E. Payne on 7/2/2018. (jsmi, ) (Entered: 07/02/2018)

REPLY to Response to Motion re 15 MOTION to Dismiss for Lack of Jurisdiction filed by Jesselyn A. Radack. (Attachments: # 1 Exhibit, # 2 Affidavit Jesselyn Radack (Second))(Clarke, Andrew) (Entered: 07/19/2018)

Memorandum in Support re 30 MOTION For Restraining Order filed by Trevor Fitzgibbon. (Attachments: # 1 Exhibit A)(Biss, Steven) (Entered: 07/20/2018)

ORDER. For the reasons set forth on the record during the conference call held on July 25, 2018, it is hereby ORDERED that Defendant shall respond to Plaintiff's MOTION FOR RESTRAINING ORDER (ECF No. 30) by July 30, 2018 at 5 p.m. and Plaintiff shall reply by August 1, 2018 at 5 p.m. It is further ORDERED that the parties shall take depositions of any witnesses necessary to resolve Plaintiff's MOTION FOR RESTRAINING ORDER (EOF No. 30). The parties shall coordinate to establish a schedule for taking the depositions. Signed by District Judge Robert E. Payne on 07/25/2018. (tjoh, ) (Entered: 07/25/2018)

MEMORANDUM ORDER. It is hereby ORDERED that Defendant's MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO TRANSFER VENUE (EOF No. 15) is denied without prejudice to the filing of an updated motion on the same grounds in perspective of the governing preponderance of the evidence standard and the jurisdictional discovery and evidence in this case. SEE ORDER FOR ADDITIONAL DETAILS AND DEADLINES. Signed by District Judge Robert E. Payne on 07/27/2018. (tjoh, ) (Entered: 07/27/2018)

SCHEDULING ORDER: Initial Pretrial Conference set for 8/15/2018 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 07/27/2018. (Attachment: # 1 Schedule A) (nbrow) (Entered: 07/27/2018)

Memorandum in Support re 36 MOTION to Withdraw as Attorney filed by Jesselyn A. Radack. (Clarke, Andrew) (Entered: 07/27/2018)

Memorandum in Opposition re 36 MOTION to Withdraw as Attorney filed by Trevor Fitzgibbon. (Attachments: # 1 Exhibit A)(Biss, Steven) (Entered: 07/30/2018)

ORDER granting 30 Motion for Restraining Order. Defendant, Jesselyn Radack, is hereby restrained and enjoined from using Twitter or directing or enticing others to use Twitter or any other social media during the pendency of this action to publish or republish statements. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 07/31/2018. (tjoh, ) (Entered: 07/31/2018)

ORDER that Defendant's 36 MOTION TO WITHDRAW AS COUNSEL is denied without prejudice to the later filing of a motion to withdraw once Defendant has obtained replacement counsel. The pretrial conference scheduled for August 15, 2018 is continued generally. Defendant shall obtain replacement counsel as expeditiously as possible, but no later than August 23, 2018. Current counsel shall, by August 23, 2018, complete the production of all outstanding requests for production of jurisdictional documents. Signed by District Judge Robert E. Payne on 8/2/2018. (jsmi, ) (Entered: 08/03/2018)

Consent MOTION to Withdraw as Attorney (Renewed) by Jesselyn A. Radack. (Clarke, Andrew) (Entered: 08/06/2018)

ORDER granting 45 Motion to Withdraw as Attorney. Attorney Andrew Omar Clarke and Jeffrey Louis Light terminated and D. Margeaux Thomas, Esquire substituted as counsel of record for the defendant. Signed by District Judge Robert E. Payne on 08/07/2018. (tjoh, ) (Entered: 08/08/2018)

TRANSCRIPT of proceedings held on June 13, 2018, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/10/2018. Redacted Transcript Deadline set for 10/10/2018. Release of Transcript Restriction set for 11/8/2018.(peterson, peppy) (Entered: 08/10/2018)

Memorandum in Support re 50 MOTION for Leave to File Second Amended Complaint filed by Trevor Fitzgibbon. (Biss, Steven) (Entered: 08/10/2018)

MOTION to Dismiss for Failure to State a Claim by Jesselyn A. Radack. (Attachments: # 1 Proposed Order)(Thomas, D.) (Entered: 08/13/2018)

ANSWER to Amended Complaint 12 with Affirmative Defenses, COUNTERCLAIM against Trevor Fitzgibbon by Jesselyn A. Radack.(Thomas, D.) Modified and corrected docket text on 8/14/2018 (smej, ). (Entered: 08/13/2018)

Consent MOTION for Extension of Time to Extend Jurisdictional Motion Deadlines by Jesselyn A. Radack. (Attachments: # 1 Proposed Order)(Thomas, D.) (Entered: 08/16/2018)

ORDER that 1) The Plaintiff's MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (ECF No. 50 ) is granted the Plaintiff shall electronically file the SECOND AMENDED COMPLAINT forthwith; 2) The Defendant shall file her Answer to the SECOND AMENDED COMPLAINT by September 4, 2018; and 3) DEFENDANT'S MOTION TO DISMISS PURUSANT TO FED. R. CIV. P. 12(b)(6) (ECF No. 53 ) is denied as moot. It is so ORDERED. Signed by District Judge Robert E. Payne on 8/22/2018. (sbea, ) (Entered: 08/22/2018)

Set Hearing: Initial Pretrial Conference set for 9/19/2018 at 10:30 AM in Richmond Judges Chamber before District Judge Robert E. Payne. (nbrow)

ANSWER to Counterclaim re 55 Answer to Complaint, Counterclaim (Answer and Affirmative Defenses to Counterclaim) by Trevor Fitzgibbon. (Biss, Steven) (Entered: 08/28/2018)

Memorandum in Support re 62 MOTION to Dismiss for Failure to State a Claim filed by Jesselyn A. Radack. (Thomas, D.) (Entered: 09/04/2018)

MOTION to Dismiss for Lack of Jurisdiction by Jesselyn A. Radack. (Attachments: # 1 Proposed Order)(Thomas, D.) (Entered: 09/14/2018)

Memorandum in Opposition re 62 MOTION to Dismiss for Failure to State a Claim filed by Trevor Fitzgibbon. (Attachments: # 1 Exhibit A)(Biss, Steven) (Entered: 09/19/2018)

JURY INITIAL PRETRIAL ORDER. At a pretrial conference held on September 19, 2018, this action was set for trial by a jury on March 4, 2019, at 9:30 o'clock, a.m. The Scheduling Order and Pretrial Schedule A previously issued in this action shall remain in effect. A Final Pretrial Conference will be conducted at 10:00 o'clock, a.m. on February 27, 2019, at which time trial counsel shall appear and present for entry a Final Pretrial Order setting forth: (See for complete details). It is so ORDERED. Signed by District Judge Robert E. Payne on 09/19/2018. (nbrow) (Entered: 09/19/2018)

ORDER. Having conferred with counsel at the Initial Pretrial Conference on September 19, 2018, it is hereby ORDERED that on October 29, 2018 at 10:00 a.m. the Court will hear oral argument on DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) (ECF No. 62) and DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(2) (ECF No. 65). It is further ORDERED that counsel shall agree upon a Consent Order for the scheduling of expert designations and disclosures consistent with Fed. R. Civ. P. 26 and submit, by September 29, 2018, that proposed Order for approval. Signed by District Judge Robert E. Payne on 09/20/2018. (tjoh, ) (Entered: 09/20/2018)

ORDER. It is hereby ORDERED that the settlement conference and proceedings required by paragraph 3 of the Scheduling Order are referred to United States Magistrate Judge David J. Novak. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Novak within five (5) days of the date of this Order to schedule the conference to occur within the fifty-day period required by paragraph 3 of the Scheduling Order or at such other time as Magistrate Judge Novak shall approve. Signed by District Judge Robert E. Payne on 09/20/2018. (tjoh, ) (Entered: 09/20/2018)

NOTICE by Jesselyn A. Radack -- OF REMOVAL, OR, IN THE ALTERNATIVE, IMPLEMENTATION OF LOCAL DISTRICT COURT STANDING ORDER OF REFERENCE OF AUGUST 15, 1984 (Sherman, Jeffrey) (Entered: 09/25/2018)

EXHIBIT re 71 -- Notice of Removal filed in the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division by Jesselyn A. Radack.. (Sherman, Jeffrey) Modified on 9/27/2018 (tjoh, ). (Entered: 09/27/2018)

ORDER. Having conferred with counsel by phone on October 29, 2018, it is hereby ORDERED that Ms. Jesslyn A. Radack shall file any motion to transfer venue by October 31, 2018; Mr. Trevor Fitzgibbon shall respond to that motion by November 15, 2018; and Ms. Radackshall reply to any response by November 30, 2018. Signed by District Judge Robert E. Payne on 10/29/2018. (tjoh, ) (Entered: 10/29/2018)

ORDER, It is hereby ORDERED that, pursuant to 11 U.S.C. ยง 362, this action is STAYED with respect to the defendant, Jesselyn A. Radack, until further Order of the Court. It is further ORDERED that counsel for the defendant shall file a report advising the status of this matter in bankruptcy by November 15, 2018, and every 30 days thereafter, said report to include the progress of the bankruptcy and any developments that affect this action. Signed by District Judge Robert E. Payne on 10/30/2018. Clerk mailed copy to USBC for the District of Columbia as directed. (tjoh, ) (Entered: 10/30/2018)

Memorandum in Opposition re 76 MOTION to Transfer Case filed by Trevor Fitzgibbon. (Biss, Steven) (Entered: 11/15/2018)

REPLY to Response to Motion re 76 MOTION to Transfer Case filed by Jesselyn A. Radack. (Sherman, Jeffrey) (Entered: 11/29/2018)

Memorandum -- Status Report (January 2019) filed by Jesselyn A. Radack. (Sherman, Jeffrey) (Entered: 01/18/2019)

ORDER - For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that Jesslyn A. Radack's RENEWED MOTION TO TRANSFER VENUE (ECF No. 76) is denied. Signed by District Judge Robert E. Payne on 02/06/2019. (tjoh, ) (Entered: 02/06/2019)

NOTICE by Trevor Fitzgibbon re 75 Order,, (Notice of Noncompliance With Court's Order Requiring Status Reports and Notice of Status of Bankruptcy Case) (Biss, Steven) (Entered: 03/19/2019)

ORDER TO SHOW CAUSE. It is hereby ORDERED that the defendant, Jesslyn A. Radack, shall show cause why she should not be held in contempt of Court for violating the ORDER entered on July 31, 2018 (ECF No. 41) in making the statements referred to in paragraph 19 of the NOTICE OF NONCOMPLIANCE WITH COURT'S ORDER REQUIRING STATUS REPORTS and NOTICE OF STATUS OF BANKRUPTCY CASE (ECF No. 85). The defendant shall file her response to this ORDER TO SHOW CAUSE by April 5, 2019; the plaintiff shall file his response by April 12, 2019; and the defendant shall file her reply by April 18, 2019. SEE ORDER FOR DETAILS. The Clerk is directed to send a copy of this ORDER TO SHOW CAUSE to the Clerk, United States Bankruptcy Court for the District of Columbia. Signed by District Judge Robert E. Payne on 03/21/2019. (tjoh, ) (Entered: 03/21/2019)

ORDER - In re: CONSENT MOTION FOR EXTENSION OF TIME 88, it is hereby ORDERED that: Defendant Jesselyn A. Radack has been ordered to show cause as to why she should not be held in contempt for violating the ORDER entered on July 31, 2018 41, which is wholly separate from the claims involved in this case, so she still must comply with the ORDER dated March 21, 2019 87 even if there is a stipulation of dismissal entered; and Radack shall file her response to the ORDER dated March 21, 2019 87 by April 8, 2019. Signed by District Judge Robert E. Payne on 04/04/2019. (tjoh, ) (Entered: 04/05/2019)

Reply to 90 Response to Order to Show Cause filed by Trevor Fitzgibbon. (Attachments: # 1 Exhibit A)(Biss, Steven) (Entered: 04/12/2019)

Consent MOTION for Extension of Time to File Response/Reply as to 87 Order to Show Cause,,, by Jesselyn A. Radack. (Attachments: # 1 Proposed Order)(Thomas, D.) (Entered: 04/16/2019)

Notice of Correction re 93 Consent MOTION for Extension of Time to File Response/Reply as to 87 Order to Show Cause. Counsel is notified that the Motion should have both attorney's electronic signatures since it is a Consent Motion. Please re-file the document. (tjoh, )

ORDER granting Consent MOTION for Extension of Time to File Response/Reply as to 87 Order to Show Cause, filed by Jesselyn A. Radack. Radack shall file her Reply Brief to the Order to Show Cause on or before April 23, 2019, which shall be deemed timely filed. Signed by Magistrate Judge David J. Novak on 04/17/2019. (tjoh, ) (Entered: 04/17/2019)

ORDER - It is not appropriate to dismiss the ORDER TO SHOW CAUSE (ECF No. 87) without the imposition of an appropriate sanction. The Court concludes that an appropriate punishment for violating the July 31, 2018 ORDER (ECF No. 41) is that Radack be held in contempt of Court for committing the violation so that, wherever she seeks to practice, she will have to report that she has been held in contempt of Court. That, for a lawyer, is an extremely serious punishment. A monetary sanction is an appropriate punishment as well. It is appropriate to assess a monetary sanction of $500.00 to underscore the seriousness of Radack's violation. Radack shall remit payment by May 30, 2019 to the Clerk of Court. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 04/26/2019. (tjoh, ) (Entered: 04/26/2019)

ORDER - Having considered that the parties have now settled the case, as stated in the JOINT STIPULATION OF DISMISSAL (EOF No. 98), it is hereby ORDERED that DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) (ECF No. 62) and DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(2) (ECF No. 65) are denied as moot. Signed by District Judge Robert E. Payne on 05/10/2019. (tjoh, ) (Entered: 05/10/2019)