PAYNE v. KEMPTHORNE
Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:08-cv-00164-CKK
District Judge Colleen Kollar-Kotelly, presiding

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Last Updated December 29, 2016 at 7:47 PM ST (4.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo CASSANDRA M. PAYNE, Plaintiff

Toggle Switch Represented by LAW OFFICE OF JOHN P. RACIN

Name Phone Fax E-Mail
Space David A. Branch +1 202 785 2805 +1 202 785 0289 dablaw@erols.com
v.
No Logo DIRK KEMPTHORNE, Defendant

Toggle Switch Represented by Miller & Chevalier Chartered

Name Phone Fax E-Mail
Secretary,  Department of the Interior Addy R. Schmitt +1 202 252 2530 +1 202 252 2599 aschmitt@milchev.com

Toggle Switch Represented by Office Of The United States Attorney, Eastern District Of Virginia

Name Phone Fax E-Mail
Secretary,  Department of the Interior Oliver W. McDaniel +1 202 616 0739 +1 202 514 8780 oliver.mcdaniel@usdoj.gov

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Christian Alexander Natiello +1 202 307 0338 +1 202 514 8780 christian.natiello@usdoj.gov
Office Washington, DC
Filed 1/28/2008
Jury Demand Plaintiff
Demand
Nature of Suit 442 - Civil Rights: Employment
Cause Section 42 U.S.C. § 2000e Job Discrimination (Employment)
Jurisdiction U.S. Government Defendant
Disposition
County 11001
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags JURY, TYPE-H
  Entries (47) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 41 Filed: 2/5/2013, Entered: None Court Filing
STIPULATION OF SETTLEMENT AND DISMISSAL signed by Judge Colleen Kollar-Kotelly on February 5, 2013. (SM) (Entered: 02/05/2013)
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    Legal Document (Payment Possibly Required) 40 Filed: 2/5/2013, Entered: None
    STIPULATION of Settlement and Dismissal by DIRK KEMPTHORNE. (Schmitt, Addy) (Entered: 02/05/2013)
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      Legal Document (Payment Possibly Required) 39 Filed: 12/19/2012, Entered: None Court Filing
      ORDER REFERRING CASE to the Court's Mediation Program from DECEMBER 19, 2012 through FEBRUARY 28, 2013. The Clerk of the Court shall furnish a copy of this Order to the Circuit Executive's Office for the purpose of assigning a mediator. Further, counsel and parties, including persons with settlement authority, shall attend mediation. Further, the parties shall appear before the Court for a STATUS HEARING on MARCH 15, 2013, at 9 AM. The parties are advised that if this case settles in whole or in part, counsel shall immediately advise the Court of the settlement by filing a stipulation. Signed by Judge Colleen Kollar-Kotelly on December 19, 2012. (lcckk1) (Entered: 12/19/2012)
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        Legal Document (Payment Possibly Required) 38 Filed: 11/30/2012, Entered: None
        NOTICE OF SUBSTITUTION OF COUNSEL by Addy R. Schmitt on behalf of DIRK KEMPTHORNE Substituting for attorney Oliver W. McDaniel (Schmitt, Addy) (Entered: 11/30/2012)
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          Legal Document (Payment Possibly Required) 37 Filed: 11/27/2012, Entered: None
          Memorandum in opposition to re 35 MOTION for Leave to File Motion for Extension of Time to FIle Joint Status Report (Amended) filed by CASSANDRA M. PAYNE. (Branch, David) (Entered: 11/27/2012)
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            Legal Document (Payment Possibly Required) 36 Filed: 11/27/2012, Entered: None
            Entered In Error. . . .Memorandum in opposition to re 35 MOTION for Leave to File Motion for Extension of Time to FIle Joint Status Report filed by CASSANDRA M. PAYNE. (Branch, David) Modified on 11/28/2012 (td, ). (Entered: 11/27/2012)
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              Legal Document (Payment Possibly Required) 35 Filed: 11/26/2012, Entered: None
              MOTION for Leave to File Motion for Extension of Time to FIle Joint Status Report by DIRK KEMPTHORNE (Attachments: # 1 Defendant's Motion for Extension of Time to File Joint Status Report, # 2 Proposed Order for Defendant's Motion for Extension of Time to File Joint Status Report)(McDaniel, Oliver) (Entered: 11/26/2012)
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                Blank 34 Filed: 10/21/2012, Entered: None Court Filing
                MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on October 21, 2012. (lcckk1) (Entered: 10/21/2012)
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                  Legal Document (Payment Possibly Required) 33 Filed: 10/21/2012, Entered: None Court Filing
                  ORDER. For the reasons stated in the accompanying Memorandum Opinion, Defendant's 29 Motion for Summary Judgment shall be DENIED. Further, the parties shall meet and discuss how they would like to proceed in this case, and shall file a JOINT STATUS REPORT with the Court on or before NOVEMBER 28, 2012 at 4:30 P.M. The parties may contact Chambers prior to that date if they would like a referral to mediation in light of the Court's resolution of Defendant's dispositive motion. Signed by Judge Colleen Kollar-Kotelly on October 21, 2012. (lcckk1) (Entered: 10/21/2012)
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                    Legal Document (Payment Possibly Required) 32 Filed: 11/14/2011, Entered: None
                    REPLY to opposition to motion re 29 MOTION for Summary Judgment filed by DIRK KEMPTHORNE. (McDaniel, Oliver) (Entered: 11/14/2011)
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                      Legal Document (Payment Possibly Required) 31 Filed: 11/2/2011, Entered: None
                      NOTICE OF SUBSTITUTION OF COUNSEL by Oliver W. McDaniel on behalf of DIRK KEMPTHORNE Substituting for attorney Christian A. Natiello (McDaniel, Oliver) (Entered: 11/02/2011)
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                        Legal Document (Payment Possibly Required) 30 Filed: 10/31/2011, Entered: None
                        Memorandum in opposition to re 29 MOTION for Summary Judgment filed by CASSANDRA M. PAYNE. (Attachments: # 1 Exhibit Exhibit A EEOC Transcript and Record Exhibits)(Branch, David) (Entered: 10/31/2011)
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                          Legal Document (Payment Possibly Required) 29 Filed: 9/30/2011, Entered: None
                          MOTION for Summary Judgment by DIRK KEMPTHORNE (Attachments: # 1 Exhibit 1-3)(Natiello, Christian) (Entered: 09/30/2011)
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                            Legal Document (Payment Possibly Required) 28 Filed: 7/29/2011, Entered: None Court Filing
                            SCHEDULING AND PROCEDURES ORDER. Upon consideration of the matters discussed during the Status Hearing held in this action on July 28, 2011, and in order to administer this civil action in a manner fair to the litigants and consistent with the parties' interest in completing this litigation in the shortest possible time and at the least possible cost, the parties are directed to comply with each of the directives set forth in this Order. In addition, the parties shall adhere to the following schedule: (a) Defendant shall serve and file its motion for summary judgment no later than Friday, September 30, 2011; (b) Plaintiff shall serve and file her opposition to Defendant's motion for summary judgment no later than Monday, October 31, 2011; (c) Defendant shall serve and file its reply in support of its motion for summary judgment no later than Monday, November 14, 2011. The dates identified above are firm; the Court has given the parties the schedule that they have requested and expects that they will adhere to that schedule. Signed by Judge Colleen Kollar-Kotelly on July 29, 2011. (lcckk3) (Entered: 07/29/2011)
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                              Legal Document (Payment Possibly Required) 27 Filed: 1/21/2011, Entered: None
                              STATUS REPORT (Joint Discovery Plan) by DIRK KEMPTHORNE, CASSANDRA M. PAYNE. (Natiello, Christian) Modified filers on 1/24/2011 (znmw, ). (Entered: 01/21/2011)
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                                Legal Document (Payment Possibly Required) 26 Filed: 1/11/2011, Entered: None Court Filing
                                SCHEDULING AND PROCEDURES ORDER: Proponent's Rule 26(a)(2)(B) due by 5/6/2011. Opponent's Rule 26(a)(2)(B) due by 6/3/2011; 6/17/2011. Discovery due by 7/12/2011. Status Conference set for 7/28/2011 at 10:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly.. Signed by Judge Colleen Kollar-Kotelly on 1/11/2011. (tcb) (Entered: 01/11/2011)
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                                  Legal Document (Payment Possibly Required) 25 Filed: 12/23/2010, Entered: None
                                  MEET AND CONFER STATEMENT. (Branch, David) (Entered: 12/23/2010)
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                                    Legal Document (Payment Possibly Required) 24 Filed: 12/9/2010, Entered: None Court Filing
                                    SCHEDULING ORDER: Initial Scheduling Conference set for 1/11/2011 10:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on 12/9/10. (dot, ) (Entered: 12/09/2010)
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                                      Legal Document (Payment Possibly Required) 23 Filed: 12/2/2010, Entered: None
                                      ANSWER to 8 Amended Complaint by DIRK KEMPTHORNE. Related document: 8 Amended Complaint filed by CASSANDRA M. PAYNE.(Natiello, Christian) (Entered: 12/02/2010)
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                                        Legal Document (Payment Possibly Required) 22 Filed: 11/16/2010, Entered: None
                                        STATUS REPORT by DIRK KEMPTHORNE, CASSANDRA M. PAYNE. (Branch, David) (Entered: 11/16/2010)
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                                          Legal Document (Payment Possibly Required) 21 Filed: 11/4/2010, Entered: None
                                          MANDATE of USCA (certified copy) as to 20 Notice of Appeal filed by CASSANDRA M. PAYNE ; USCA Case Number 09-5291. ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause is hereby affirmed in part and reversed in part, in accordance with the opinion of the court filed herein this date. (kb) (Entered: 11/05/2010)
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                                            Legal Document (Payment Possibly Required) 20 Filed: 8/20/2009, Entered: None
                                            NOTICE OF APPEAL by CASSANDRA M. PAYNE. Filing fee $ 455, receipt number 00900000000001939962. Fee Status: Fee Paid. Parties have been notified. (Branch, David) (Entered: 08/20/2009)
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                                              Legal Document (Payment Possibly Required) 19 Filed: 6/22/2009, Entered: None Court Filing
                                              MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on June 22, 2009. (lcckk2 ) (Entered: 06/22/2009)
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                                                Legal Document (Payment Possibly Required) 18 Filed: 6/22/2009, Entered: None Court Filing
                                                ORDER. Based on the reasoning set forth in an accompanying Memorandum Opinion, Defendant's 11 Motion to Dismiss pursuant to Federal Rule 12(b)(6) is GRANTED. This case is dismissed in its entirety. This is a final, appealable order. Signed by Judge Colleen Kollar-Kotelly on June 22, 2009. (lcckk2 ) (Entered: 06/22/2009)
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                                                  Legal Document (Payment Possibly Required) 17 Filed: 11/6/2008, Entered: None
                                                  REPLY to opposition to motion re 11 MOTION to Dismiss filed by DIRK KEMPTHORNE. (Natiello, Christian) (Entered: 11/06/2008)
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                                                    Legal Document (Payment Possibly Required) 16 Filed: 10/23/2008, Entered: None
                                                    Memorandum in opposition to re 11 MOTION to Dismiss filed by CASSANDRA M. PAYNE. (nmw, ) (Entered: 10/24/2008)
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                                                      Blank -- Filed: 8/26/2008, Entered: 8/27/2008 Set/Reset Deadlines:
                                                      Set/Reset Deadlines: Answer/Response due by 9/25/2008. (dot, )
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                                                        Legal Document (Payment Possibly Required) 15 Filed: 10/23/2008, Entered: None
                                                        Consent MOTION for Leave to File Opposition to Motion to Dismiss by CASSANDRA M. PAYNE (Attachments: # 1 Exhibit MyVett Order, # 2 Supplement Opposition to Motion to Dismiss, # 3 Text of Proposed Order Proposed Order)(Branch, David) (Entered: 10/23/2008)
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                                                          Blank -- Filed: 8/26/2008, Entered: 8/26/2008 Order on Motion for Extension of Time to Answer
                                                          MINUTE ORDER (paperless) granting second [10] Unopposed Motion to Enlarge Time to File Answer or Otherwise Respond to the Complaint. Accordingly, Defendant shall have until and including September 25, 2008, to File an Answer or Otherwise Respond to the Complaint. Signed by Judge Colleen Kollar-Kotelly on August 26, 2008. (SM)
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                                                            Legal Document (Payment Possibly Required) 14 Filed: 10/16/2008, Entered: None
                                                            MOTION for Extension of Time to File Opposition to Motion to Dismiss Out of Time by CASSANDRA M. PAYNE (Attachments: # 1 Exhibit Myvett, # 2 Exhibit Opposition to Motion to Dismiss)(Branch, David) (Entered: 10/16/2008)
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                                                              Legal Document 10 Filed: 8/19/2008, Entered: 8/19/2008, Terminated: 8/26/2008 Motion for Extension of Time to File Answer
                                                              Unopposed MOTION for Extension of Time to File Answer or to Otherwise Respond to the Complaint by DIRK KEMPTHORNE (Natiello, Christian)
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                                                                Legal Document (Payment Possibly Required) 13 Filed: 10/15/2008, Entered: None
                                                                ENTERED IN ERROR..... MOTION for Extension of Time to Opposition to Motion to Dismiss Out of Time by CASSANDRA M. PAYNE (Attachments: # 1 Exhibit Myvett Order)(Branch, David) Modified on 10/16/2008 (nmw, ). (Entered: 10/15/2008)
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                                                                  Blank -- Filed: 7/21/2008, Entered: 7/30/2008 Set/Reset Deadlines:
                                                                  Set/Reset Deadlines: Answer due by 8/25/2008. (dot, )
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                                                                    Legal Document (Payment Possibly Required) 12 Filed: 10/12/2008, Entered: None
                                                                    STRICKEN PURSUANT TO MINUTE ORDER FILED 10/14/2008.....Memorandum in opposition to re 11 MOTION to Dismiss filed by CASSANDRA M. PAYNE. (Branch, David) Modified on 10/15/2008 (nmw, ). (Entered: 10/12/2008)
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                                                                      Blank -- Filed: 7/21/2008, Entered: 7/21/2008 Order on Motion for Extension of Time to Answer
                                                                      ORDER granting [9] Defendant's Consent Motion to Enlarge Time to File Answer or Otherwise Respond to the Complaint. Accordingly, Defendant shall file an answer or otherwise respond to the Complaint in this action on or before August 25, 2008. Signed by Judge Colleen Kollar-Kotelly on July 21, 2008. (lcckk2)
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                                                                        Legal Document (Payment Possibly Required) 11 Filed: 9/25/2008, Entered: None
                                                                        MOTION to Dismiss by DIRK KEMPTHORNE (Natiello, Christian) (Entered: 09/25/2008)
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                                                                          Legal Document 9 Filed: 7/18/2008, Entered: 7/18/2008, Terminated: 7/21/2008 Motion for Extension of Time to File Answer
                                                                          Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by DIRK KEMPTHORNE (Natiello, Christian)
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                                                                            Legal Document 8 Filed: 7/7/2008, Entered: 7/7/2008 Amended Complaint
                                                                            FIRST AMENDED COMPLAINT against DIRK KEMPTHORNE filed by CASSANDRA M. PAYNE.(nmw, )
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                                                                              Legal Document 7 Filed: 5/30/2008, Entered: 5/30/2008 Summons Returned Executed as to US Attorney for DC
                                                                              RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. DIRK KEMPTHORNE served on 5/12/2008, answer due 7/11/2008 (Attachments: # (1) Appendix Mail Receipt)(nmw, )
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                                                                                Blank -- Filed: 5/30/2008, Entered: 5/30/2008 Notice of Corrected Docket Entry
                                                                                NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry [5] Summons Returned Executed as to Federal Defendant was entered in error (wrong party selected) and has been refiled as Docket Entry [6]. (nmw, )
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                                                                                  Legal Document 6 Filed: 5/29/2008, Entered: 5/30/2008 Summons Returned Executed as to Federal Defendant
                                                                                  RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to DIRK KEMPTHORNE served on 5/5/2008, answer due 7/7/2008. (Attachments: # (1) Appendix Mail Receipt)(nmw, )
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                                                                                    Legal Document 5 Filed: 5/29/2008, Entered: 5/29/2008 Summons Returned Executed as to Federal Defendant
                                                                                    ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to CASSANDRA M. PAYNE served on 5/5/2008, answer due 7/7/2008. (Attachments: # (1) Appendix Mail Receipt)(Branch, David) Modified on 5/30/2008 (nmw, ).
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                                                                                      Legal Document 4 Filed: 5/29/2008, Entered: 5/29/2008 Summons Returned Executed as to Attorney General
                                                                                      RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 5/5/08. (Attachments: # (1) Appendix Certified Mail Receipt)(Branch, David)
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                                                                                        Legal Document 3 Filed: 5/22/2008, Entered: 5/22/2008 Notice of Appearance/
                                                                                        NOTICE of Appearance by Christian Alexander Natiello on behalf of DIRK KEMPTHORNE (Natiello, Christian)
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                                                                                          Legal Document 2 Filed: 2/27/2008, Entered: 2/27/2008 OrderCourt Filing
                                                                                          ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on February 27, 2008. (SM)
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                                                                                            Legal Document 1 Filed: 1/28/2008, Entered: 1/30/2008 Complaint
                                                                                            COMPLAINT against DIRK KEMPTHORNE ( Filing fee $ 350, receipt number 4616009860) filed by CASSANDRA M. PAYNE. (Attachments: # (1) Civil Cover Sheet)(jf, )
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                                                                                              Blank -- Filed: 1/28/2008, Entered: 1/30/2008 Summons Issued as to AUSA
                                                                                              SUMMONS (3) Issued as to DIRK KEMPTHORNE, U.S. Attorney and U.S. Attorney General (jf, )
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