Name: JOHNSON v. DUNCAN et al :: District Of Columbia District Court :: Federal Civil Lawsuit No. 1:10-cv-01171-RMC, Judge Rosemary M. Collyer presiding
Creator: District Of Columbia District Court
Published: 2010-07-09
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, District Of Columbia District Court

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53	Filed: 9/21/2011, Entered: 9/27/2011	USCA Mandate
	MANDATE of USCA (certified copy) as to [47] Notice of Appeal filed by JOSEPH JOHNSON, JR. ; USCA Case Number 11-5067. ORDERED that this case be dismissed for lack of prosecution. (kb)
	Request

52	Filed: 4/5/2011, Entered: 4/5/2011	Order on Motion for reconsideration
	ORDER granting [49] Plaintiff's Motion for Reconsideration. The October 29, 2010 Opinion [39] and Order [40] are AMENDED to state that ACS Education Solutions, LLC is dismissed without prejudice for lack of jurisdiction. Signed by Judge Rosemary M. Collyer on 4/5/2011. (KD)
	Request

51	Filed: 3/31/2011, Entered: 4/1/2011	Notice - Other
	NOTICE by JOSEPH JOHNSON, JR. (rdj)
	Request

50	Filed: 3/30/2011, Entered: 3/31/2011	Notice of withdrawal of motion
	NOTICE OF WITHDRAWAL OF APPEAL by JOSEPH JOHNSON, JR. re [47] Notice of Appeal (rdj)
	Request

	Filed: None, Entered: None	USCA Case Number
	USCA Case Number 11-5067 for [47] Notice of Appeal filed by JOSEPH JOHNSON, JR. (rdj)


49	Filed: 3/18/2011, Entered: 3/21/2011	Motion for Reconsideration
	MOTION for Reconsideration re [46] Order on Motion for Miscellaneous Relief by JOSEPH JOHNSON, JR (Attachments: # (1) Exhibit, # (2) Text of Proposed Order)(rdj)
	Request

48	Filed: 3/15/2011, Entered: 3/15/2011	transmission of notice of appeal and docket sheet to USCA
	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re [47] Notice of Appeal. (rdj)
	Request

47	Filed: 3/14/2011, Entered: 3/15/2011	Notice of Appeal to DC Circuit Court
	NOTICE OF APPEAL as to [46] Order on Motion for Miscellaneous Relief by JOSEPH JOHNSON, JR. Filing fee $ 0.00. Fee Status: No Fee Paid. Parties have been notified. (rdj)
	Request

46	Filed: 3/14/2011, Entered: 3/14/2011	order on motion for miscellaneous relief
	ORDER denying [44] Plaintiff's Motion for relief from judgment. Signed by Judge Rosemary M. Collyer on 3/14/2011. (KD)
	Request

45	Filed: 3/2/2011, Entered: 3/4/2011	Notice - Other
	NOTICE by JOSEPH JOHNSON, JR. (rdj)
	Request

44	Filed: 2/7/2011, Entered: 2/8/2011	Motion for Miscellaneous Relief
	MOTION for Relief from Order re [40] Order on Motion for Reconsideration, Order on Motion for Leave to File, Order on Motion to Dismiss, Order on Motion for Summary Judgment by JOSEPH JOHNSON, JR. (Attachments: # (1) Text of Proposed Order)(rdj)
	Request

43	Filed: 1/19/2011, Entered: 1/28/2011	USCA order
	ORDER of USCA (certified copy) as to [41] Notice of Appeal, filed by JOSEPH JOHNSON, JR. ; USCA Case Number 10-5375. ORDERED that the appellant's motion to withdraw the appeal be granted and the case be dismissed. (zmoser)
	Request

	Filed: None, Entered: None	USCA Case Number
	USCA Case Number 10-5375 for [41] Notice of Appeal, filed by JOSEPH JOHNSON, JR. (rdj)


42	Filed: 11/1/2010, Entered: 11/1/2010	transmission of notice of appeal and docket sheet to USCA
	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re [41] Notice of Appeal. (rdj)
	Request

41	Filed: 10/29/2010, Entered: 11/1/2010	Notice of Appeal to DC Circuit Court
	NOTICE OF APPEAL as to [40] Order on Motion for Reconsideration, Order on Motion for Leave to File, Order on Motion to Dismiss, Order on Motion for Summary Judgment, [39] Memorandum & Opinion by JOSEPH JOHNSON, JR. Filing fee $ 0.00. Fee Status: No Fee Paid. Parties have been notified. (rdj)
	Request

40	Filed: 10/29/2010, Entered: 10/29/2010	Order on Motion for reconsideration
	ORDER granting [19] Motion to Dismiss filed by the Secretary of the Department of Education; granting [21] Motion to Dismiss filed by ACS Education Solutions, LLC; denying [23] Plaintiff's Motion for Summary Judgment; denying as moot [33] Plaintiff's Motion for Reconsideration; and denying [36] Plaintiff's Motion for Leave to File a Third Amended Complaint. This case is closed. Signed by Judge Rosemary M. Collyer on 10/29/10. (KD)
	Request

39	Filed: 10/29/2010, Entered: 10/29/2010	Memorandum and Opinion
	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 10-29-10. (KD)
	Request

38	Filed: 10/25/2010, Entered: 10/25/2010	Reply to opposition to Motion
	REPLY to opposition to motion re [19] MOTION to Dismiss Second Amended Complaint filed by ARNE DUNCAN. (Kidwell, Judith)
	Request

37	Filed: 10/20/2010, Entered: 10/22/2010	Reply to opposition to Motion
	REPLY to opposition to motion re [33] MOTION for Reconsideration re Order on Motion for Reconsideration, Order, MOTION for Leave to File filed by JOSEPH JOHNSON, JR. (Attachments: # (1) Exhibit 1)(rdj)
	Request

36	Filed: 10/20/2010, Entered: 10/22/2010	Motion for Leave to File
	MOTION for Leave to File Third Amended Complaint by JOSEPH JOHNSON, JR. (Attachments: # (1) Text of Proposed Order, # (2) Third Amended Complaint, # (3) Exhibit A of Third Amended Complaint, # (4) Exhibit B of Third Amended Complaint, # (5) Exhibit C of Third Amended Complaint, # (6) Exhibit D of Third Amended Complaint, # (7) Exhibit E of Third Amended Complaint, # (8) Exhibit F of Third Amended Complaint, # (9) Exhibit G of Third Amended Complaint*, # (10) Exhibit H of Third Amended Complaint, # (11) Exhibit I of Third Amended Complaint)(rdj)
	Request

35	Filed: 10/20/2010, Entered: 10/20/2010	Memorandum in opposition
	Memorandum in opposition to re [33] MOTION for Reconsideration re Order on Motion for Reconsideration,,, Order, MOTION for Leave to File filed by ARNE DUNCAN. (Kidwell, Judith)
	Request

34	Filed: 10/20/2010, Entered: 10/20/2010	Memorandum in opposition
	Memorandum in opposition to re [33] MOTION for Reconsideration re Order on Motion for Reconsideration,,, Order, MOTION for Leave to File filed by ACS EDUCATION SOLUTIONS, LLC. (Splitt, David)
	Request

32	Filed: 10/18/2010, Entered: 10/18/2010	Notice of withdrawal of motion
	NOTICE OF WITHDRAWAL by JOSEPH JOHNSON, JR. re [27] Response to Document (rdj)
	Request

33	Filed: 10/15/2010, Entered: 10/18/2010	Motion for Reconsideration
	MOTION for Reconsideration re MINUTE Order vacating the 10/8/10 Minute Order, MINUTE Order granting [30] Motion for Reconsideration Order, MOTION for Leave to Amend the Second Amended Complaint by JOSEPH JOHNSON, JR. (Attachments: # (1) Text of Proposed Order)(rdj)
	Request

31	Filed: 10/15/2010, Entered: 10/15/2010, Terminated: 10/15/2010	Motion for Reconsideration
	MOTION for Reconsideration of the Court's October 12th Minute Order by ACS EDUCATION SOLUTIONS, LLC (Splitt, David)
	Request

	Filed: None, Entered: None	Order on Motion for reconsideration
	MINUTE ORDER granting [30] Motion for Reconsideration and granting [31] Motion for Reconsideration. Defendants shall file responses, if necessary, to [23] Plaintiff's motion for summary judgment within 10 days after the Court rules on Defendants' motions to dismiss [19] [21]. Signed by Judge Rosemary M. Collyer on 10/15/10. (KD)


	Filed: None, Entered: None	Order
	MINUTE ORDER vacating the 10/8/10 Minute Order deeming [23] Plaintiff's motion for summary judgment to include a motion to file a Third Amended Complaint due to Plaintiff's statement [27] that he is not challenging a second decision made by the Secretary. Signed by Judge Rosemary M. Collyer on 10/15/10. (KD)


30	Filed: 10/14/2010, Entered: 10/14/2010, Terminated: 10/15/2010	Motion for Reconsideration
	MOTION for Reconsideration by ARNE DUNCAN (Kidwell, Judith)
	Request

	Filed: None, Entered: None	set/reset deadlines/hearings
	Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 0/25/2010. (cdw)


	Filed: None, Entered: None	Order on Motion for Extension of Time to File Response / Reply
	MINUTE ORDER granting in part and denying in part [29] Motion for Extension of Time filed by ACS Education Solutions. ACS shall file, no later than October 25, 2010, a response to [23] Plaintiff's Motion for Summary Judgment and for Leave to File a Third Amended Complaint. Signed by Judge Rosemary M. Collyer on 10/12/10. (KD)


29	Filed: 10/8/2010, Entered: 10/8/2010, Terminated: 10/12/2010	Motion for Extension of Time to File Response/Reply
	MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by ACS EDUCATION SOLUTIONS, LLC (Splitt, David)
	Request

28	Filed: 10/8/2010, Entered: 10/8/2010	Reply to opposition to Motion
	REPLY to opposition to motion re [21] MOTION to Dismiss Second Amended Complaint filed by ACS EDUCATION SOLUTIONS, LLC. (Splitt, David)
	Request

	Filed: None, Entered: None	set/reset deadlines/hearings
	Set/Reset Deadlines/Hearings: Reply to [19] due by 10/25/2010. Response to Motion for Summary Judgment due by 10/25/2010. (cdw)


	Filed: None, Entered: None	Order on Motion for Extension of Time to File Response / Reply
	MINUTE ORDER granting [26] the Secretary's unopposed Motion for Extension of Time. The Secretary shall file a Reply re [19] the Secretary's Motion to Dismiss the Second Amended Complaint no later than 10/25/10. Further, the Secretary shall file a response to [23] Plaintiff's Motion for Summary Judgment no later than 10/25/2010. Signed by Judge Rosemary M. Collyer on 10/8/10. (KD)


	Filed: None, Entered: None	Order
	VACATED PURSUANT TO ORDER FILED 10/15/10.....MINUTE ORDER deeming [23] Plaintiff's motion for summary judgment to include a motion for leave to amend the Second Amended Complaint to include a challenge to a second decision made by the Secretary. Signed by Judge Rosemary M. Collyer on 10/8/10. (KD) Modified on 10/18/2010 (rdj).


27	Filed: 10/7/2010, Entered: 10/8/2010	Response to Document
	RESPONSE re [26] Unopposed MOTION for Extension of Time to File Response/Reply filed by JOSEPH JOHNSON, JR. (rdj)
	Request

26	Filed: 10/6/2010, Entered: 10/6/2010, Terminated: 10/8/2010	Motion for Extension of Time to File Response/Reply
	Unopposed MOTION for Extension of Time to File Response/Reply by ARNE DUNCAN (Kidwell, Judith)
	Request

25	Filed: 10/4/2010, Entered: 10/4/2010	Memorandum in opposition
	Memorandum in opposition to re [21] MOTION to Dismiss Second Amended Complaint filed by JOSEPH JOHNSON, JR. (Attachments: # (1) Text of Proposed Order)(rdj)
	Request

22	Filed: 10/1/2010, Entered: 10/1/2010	Order
	ORDER requiring Plaintiff to file a response to [21] the motion to dismiss filed by ACS Education Solutions, LLC, no later than November 1, 2010. Failure to do so may result in dismissal of this case. Signed by Judge Rosemary M. Collyer on 10/1/2010. (KD)
	Request

	Filed: None, Entered: None	set/reset deadlines/hearings
	Set/Reset Deadlines/Hearings: Response to [21] due by 11/1/2010. (cdw)


24	Filed: 9/30/2010, Entered: 10/4/2010	Memorandum in opposition
	Memorandum in opposition to re [19] MOTION to Dismiss Second Amended Complaint filed by ARNE DUNCAN. (Attachments: # (1) Text of Proposed Order)(rdj)
	Request

23	Filed: 9/30/2010, Entered: 10/1/2010	Motion for Summary Judgment
	MOTION for Summary Judgment by JOSEPH JOHNSON, JR. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Text of Proposed Order)(rdj). Added MOTION for Leave to amend the Second Amended Complaint on 10/8/2010 (rdj).
	Request

21	Filed: 9/30/2010, Entered: 9/30/2010, Terminated: 10/29/2010	Motion to Dismiss
	MOTION to Dismiss Second Amended Complaint by ACS EDUCATION SOLUTIONS, LLC (Splitt, David)
	Request

20	Filed: 9/30/2010, Entered: 9/30/2010	Order
	ORDER requiring Plaintiff to file a response to [19] Secretary's motion to dismiss no later than November 1, 2010, or the case may be deemed conceded and dismissed. Signed by Judge Rosemary M. Collyer on 9/30/10. (KD)
	Request

	Filed: None, Entered: None	set/reset deadlines/hearings
	Set/Reset Deadlines/Hearings: Response to [19] due by 11/1/2010. (cdw)


19	Filed: 9/28/2010, Entered: 9/28/2010, Terminated: 10/29/2010	Motion to Dismiss
	MOTION to Dismiss Second Amended Complaint by ARNE DUNCAN (Kidwell, Judith)
	Request

	Filed: None, Entered: None	set/reset deadlines/hearings
	Set/Reset Deadlines/Hearings: Answer to second amended complaint due by 10/12/2011. (cdw)


	Filed: None, Entered: None	Order on Motion to Dismiss
	MINUTE ORDER allowing the filing of [18] Second Amended Complaint. Plaintiff shall not file any further amended complaints without obtaining prior leave of Court under Federal Rule of Civil Procedure 15. The motion to dismiss filed by the Department of Education [17] is denied without prejudice due to the filing of the Second Amended Complaint. Defendants shall file an answer or other response to the Second Amended Complaint no later than October 12, 2010. Signed by Judge Rosemary M. Collyer on 9/24/2010. (KD)


18	Filed: 9/22/2010, Entered: 9/23/2010	Amended Complaint
	Second AMENDED COMPLAINT against ACS EDUCATION SOLUTIONS, LLC, ARNE DUNCAN filed by JOSEPH JOHNSON, JR. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8)"Let this be FILED" by Judge R.M. Collyer on 9/22/2010(rdj)
	Request

17	Filed: 9/22/2010, Entered: 9/22/2010, Terminated: 9/24/2010	Motion to Dismiss
	MOTION to Dismiss by ARNE DUNCAN (Kidwell, Judith)
	Request

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	Filed: None, Entered: None	Order on Motion to Dismiss
	MINUTE ORDER denying without prejudice [9] Motion to Dismiss filed by ACS Education Solutions LLC, due to the filing of the Amended Complaint [15]. Signed by Judge Rosemary M. Collyer on 9/20/10. (KD)


16	Filed: 9/15/2010, Entered: 9/15/2010	Notice of Appearance
	NOTICE of Appearance by Judith A. Kidwell on behalf of ARNE DUNCAN (Kidwell, Judith)
	Request

	Filed: None, Entered: None	Leave to File Denied
	Subpoena to Sallie Mae, US Student Funds, Inc. and University of Maryland University College "Leave to File Denied" by Judge RM Collyer on 9/15/2010 (rdj)


15	Filed: 9/13/2010, Entered: 9/15/2010	Amended Complaint
	AMENDED COMPLAINT against ACS EDUCATION SOLUTIONS, LLC, ARNE DUNCAN filed by JOSEPH JOHNSON, JR. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8)(rdj)
	Request

14	Filed: 9/13/2010, Entered: 9/14/2010	Memorandum in opposition
	Memorandum in opposition to re [9] MOTION to Dismiss the Complaint filed by JOSEPH JOHNSON, JR. (Attachments: # (1) Text of Proposed Order)(rdj)
	Request

	Filed: None, Entered: None	Order on Motion for Default Judgment
	MINUTE ORDER denying [7] Plaintiff's Motion for Default Judgment; granting [10] the Motion to Vacate clerk's entry of default filed by ACS Education Solutions, LLC; and discharging [8] the Court's order to show cause. The Clerk's entry of default [6] is VACATED. Signed by Judge Rosemary M. Collyer on 9/13/10. (KD)


13	Filed: 9/11/2010, Entered: 9/11/2010	Response to order to show cause
	RESPONSE TO ORDER TO SHOW CAUSE re [8] by ACS EDUCATION SOLUTIONS, LLC. (Splitt, David) Modified on 9/13/2010 to add linkage (rdj).
	Request

12	Filed: 8/30/2010, Entered: 8/31/2010	Memorandum in opposition
	Memorandum in opposition to re [10] MOTION to Vacate Default filed by JOSEPH JOHNSON, JR. (dr)
	Request

11	Filed: 8/26/2010, Entered: 8/27/2010	Summons Returned Executed as to U.S. Attorney General
	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 7/28/2010. (dr)
	Request

10	Filed: 8/26/2010, Entered: 8/26/2010, Terminated: 9/13/2010	Motion to Vacate
	MOTION to Vacate Default by ACS EDUCATION SOLUTIONS, LLC (Attachments: # (1) Text of Proposed Order)(Splitt, David)
	Request

9	Filed: 8/26/2010, Entered: 8/26/2010, Terminated: 9/20/2010	Motion to Dismiss
	MOTION to Dismiss the Complaint by ACS EDUCATION SOLUTIONS, LLC (Attachments: # (1) Text of Proposed Order)(Splitt, David)
	Request

8	Filed: 8/24/2010, Entered: 8/24/2010	Order
	ORDER requiring ACS Education Solutions LLC to show cause, no later than September 14, 2010, why the Court should not grant [7] Plaintiff's motion for entry of default judgment. Signed by Judge Rosemary M. Collyer on 8/24/2010. (KD)
	Request

	Filed: None, Entered: None	set/reset deadlines/hearings
	Set/Reset Deadlines/Hearings: Response to Show Cause Order due by 9/14/2010. (cdw)


7	Filed: 8/23/2010, Entered: 8/23/2010, Terminated: 9/13/2010	Motion for Default Judgment
	MOTION for Default Judgment as to ACS EDUCATION SOLUTIONS, LLC by JOSEPH JOHNSON, JR (Attachments: # (1) Declaration, # (2) Judgement and Order)(dr)
	Request

6	Filed: 8/18/2010, Entered: 8/18/2010	Clerks Entry of Default*
	VACATED PURSUANT TO ORDER FILED 09/13/2010.....Clerk's ENTRY OF DEFAULT as to ACS EDUCATION SOLUTIONS, LLC (rdj) Modified on 9/14/2010 (rdj).
	Request

5	Filed: 8/17/2010, Entered: 8/18/2010	Affidavit for Default
	AFFIDAVIT FOR DEFAULT by JOSEPH JOHNSON, JR. (rdj)
	Request

4	Filed: 8/9/2010, Entered: 8/10/2010	Summons Returned Executed as to US Attorney
	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney, served on 8/3/2010, answer due 10/4/2010. (dr)
	Request

3	Filed: 7/28/2010, Entered: 7/29/2010	Summons Returned Executed as to Federal Defendant
	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to ARNE DUNCAN served on 7/26/2010. (rdj)
	Request

2	Filed: 7/27/2010, Entered: 7/28/2010	summons returned executed
	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ACS EDUCATION SOLUTIONS, LLC served on 7/26/2010, answer due 8/16/2010 (rdj)
	Request

1	Filed: 7/9/2010, Entered: 7/14/2010	Complaint
	COMPLAINT against ACS EDUCATION SOLUTIONS, LLC, ARNE DUNCAN ( Filing fee $ 350, receipt number 4616031167) filed by JOSEPH JOHNSON, JR. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Civil Cover Sheet)(rdj)


	Filed: None, Entered: None	Summons Issued as to AUSA
	SUMMONS (4) Issued as to ACS EDUCATION SOLUTIONS, LLC, ARNE DUNCAN, U.S. Attorney and U.S. Attorney General (rdj)

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