LEMPERT v. RICE et al
Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:12-cv-01518
District Judge Colleen Kollar-Kotelly, presiding

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Last Updated November 3, 2017 at 12:29 AM EDT (4.2 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts
No Logo DAVID H. LEMPERT, Plaintiff

Pro Se

Name Phone Fax E-Mail
Space DAVID H. LEMPERT
v.
No Logo SUSAN RICE, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Nicholas P. Cartier +1 202 616 8351 nicholas.cartier@usdoj.gov
United Nations United Nations, Defendant
No Logo United Nations Development Programme, Defendant
Citation Section 28 U.S.C. § 1346
Nature of Suit 190 - Contract: Other Contract Actions
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Legal Document (Payment Possibly Required) 45 Filed: 11/17/2015, Entered: None USCA Mandate
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    Legal Document (Payment Possibly Required) 45 Filed: 11/16/2015, Entered: None Unknown Document Type
    MANDATE of USCA (certified copy) ORDERED and ADJUDGED that the district court's order of May 22, 2014, be affirmed and the remainder of the appeal be dismissed as to 41 Notice of Appeal filed by DAVID H. LEMPERT. USCA Case Number 14-5153. (vt) (Entered: 11/17/2015)
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      Legal Document (Payment Possibly Required) 44 Filed: 6/19/2014, Entered: None Unknown Document Type
      Supplemental Record on Appeal transmitted to US Court of Appeals re 43 USCA Appeal Fees Paid ; (td, ) (Entered: 06/19/2014)
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        Legal Document (Payment Possibly Required) 43 Filed: 6/19/2014, Entered: None Unknown Document Type
        USCA Appeal Fees received on 6/17/14 $ 505 receipt number 4616064234 re 41 Notice of Appeal filed by DAVID H. LEMPERT ; (See docket entry no. 41 to view.) (td, ) (Entered: 06/19/2014)
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          Legal Document (Payment Possibly Required) 40 Filed: 5/22/2014, Entered: None Court Filing
          MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on May 22, 2014. (lcckk1) (Entered: 05/22/2014)
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            Legal Document (Payment Possibly Required) 42 Filed: 6/18/2014, Entered: None Unknown Document Type
            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. (td, ) (Entered: 06/18/2014)
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              Legal Document (Payment Possibly Required) 39 Filed: 5/22/2014, Entered: None Court Filing
              ORDER DENYING Plaintiff's 32 Motion to Re-Open Judgment. This action remains DISMISSED in its entirety. The Clerk of the Court shall mail a copy of this Order and the accompanying Memorandum Opinion to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on May 22, 2014. (lcckk1) (Entered: 05/22/2014)
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                Legal Document (Payment Possibly Required) 41 Filed: 6/17/2014, Entered: None Unknown Document Type
                NOTICE OF APPEAL as to 40 Memorandum & Opinion, 39 Order on Motion for Order, by DAVID H. LEMPERT. Fee Status: No Fee Paid. Parties have been notified. (td, ) (Entered: 06/18/2014)
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                  Legal Document (Payment Possibly Required) 38 Filed: 11/20/2013, Entered: None
                  REPLY to Opposition re 32 MOTION for Order filed by DAVID H. LEMPERT.(td, ) Modified event title on 11/22/2013 (znmw, ). (Entered: 11/21/2013)
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                    Legal Document (Payment Possibly Required) 37 Filed: 11/7/2013, Entered: None
                    Memorandum in opposition to re 32 MOTION for Order to re-open judgment filed by SUSAN RICE. (Cartier, Nicholas) (Entered: 11/07/2013)
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                      Legal Document (Payment Possibly Required) 36 Filed: 10/21/2013, Entered: None
                      Consent MOTION for Briefing Schedule by SUSAN RICE (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 10/21/2013)
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                        Legal Document (Payment Possibly Required) 35 Filed: 10/11/2013, Entered: None Court Filing
                        ORDER Granting 34 Motion to Stay. By no later than two business days after funding to the government is restored, the parties shall file a proposed briefing schedule setting dates for Defendant's opposition and Plaintiff's reply to Plaintiff's 32 Motion to Re-Open Judgment. Signed by Judge Colleen Kollar-Kotelly on October 11, 2013. (lcckk1) (Entered: 10/11/2013)
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                          Legal Document (Payment Possibly Required) 34 Filed: 10/11/2013, Entered: None
                          Unopposed MOTION to Stay by SUSAN RICE (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 10/11/2013)
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                            Legal Document (Payment Possibly Required) 33 Filed: 10/11/2013, Entered: None Court Filing
                            ORDER. Defendant Powers shall file a response to Plaintiff's 32 Motion to Re-Open Judgment by no later than October 29, 2013. The Plaintiff shall file any reply on or before November 12, 2013. Should Defendant's counsel require a stay of these deadlines in light of the loss of appropriations to the federal government, counsel should file a motion for a stay. Signed by Judge Colleen Kollar-Kotelly on October 11, 2013. (lcckk1) (Entered: 10/11/2013)
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                              Blank 32 Filed: 10/8/2013, Entered: None Court Filing
                              MOTION to re-open judgment by DAVID H. LEMPERT (Attachments: # 1 Exhibit Memorandum Amending Proof of Service, # 2 Exhibit Amended Complaint, # 3 Appendix to Amended Complaint); ("Leave to file Granted" by Judge C. Kollar-Kotelly)(td, ) (Entered: 10/10/2013)
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                              Legal Document (Payment Possibly Required) 31 Filed: 8/28/2013, Entered: None Court Filing
                              LEAVE TO FILE DENIED- Plaintiff's motion to Amend the Complaint.Signed by Judge Colleen Kollar-Kotelly on 8/27/13 See Docket Entry no. 30 . This document is unavailable as the Court denied its filing. (Attachments: # 1 Exhibit) (td, ) (Entered: 08/28/2013)
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                                Legal Document (Payment Possibly Required) 30 Filed: 8/27/2013, Entered: None Court Filing
                                ORDER that leave to file the Plaintiff's Motion to Amend the Complaint is denied. Plaintiff's may file any post-jugdgment motion seeking to amend his complaint by 9/26/2013. Defendant Powers' Response to any such motion due by 10/17/2013. Plaintiff's Reply due by 10/31/2013. Signed by Judge Colleen Kollar-Kotelly on 8/27/13. (dot ) (Entered: 08/27/2013)
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                                  Legal Document (Payment Possibly Required) 29 Filed: 7/19/2013, Entered: None
                                  SURREPLY to re 18 MOTION to Dismiss filed by DAVID H. LEMPERT. (znmw, ) (Entered: 07/22/2013)
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                                    Legal Document (Payment Possibly Required) 28 Filed: 7/19/2013, Entered: None Court Filing
                                    MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on July 19, 2013. (lcckk1) (Entered: 07/19/2013)
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                                      Legal Document (Payment Possibly Required) 27 Filed: 7/19/2013, Entered: None Court Filing
                                      ORDER. For the reasons stated in the accompanying Memorandum Opinion, Plaintiff's motion for leave to file a sur-reply, see ECF No. 25 , is GRANTED. Further, Plaintiff's motion for court service upon, and sanctions against, the UN and UNDP, see ECF No. 16 , is DENIED. Further, Plaintiff's claims against the UN and UNDP are dismissed. Further, Rice's motion to dismiss, see ECF No. 18 , is GRANTED. Accordingly, this case is hereby dismissed in its entirety. The Clerk of the Court shall mail a copy of this Order and the accompanying Memorandum Opinion to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on July 19, 2013. (lcckk1) (Entered: 07/19/2013)
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                                        Legal Document (Payment Possibly Required) 26 Filed: 7/8/2013, Entered: None
                                        Memorandum in opposition to re 25 MOTION for Order that Plaintiff be granted leave to file a sur-reply filed by SUSAN RICE. (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 07/08/2013)
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                                          Legal Document (Payment Possibly Required) 25 Filed: 6/20/2013, Entered: None
                                          MOTION for Order to respond to new arguments for dismissal raised by the Department of Justice, challenging use of a Bivens Claim against Defendant Susan Rice who is now Westfall certified and to query the court on issues regarding amendments to the complaint and/or service by DAVID H. LEMPERT (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Response)(td, ) (Main Document 25 replaced on 6/26/2013) (td, ). (Entered: 06/25/2013)
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                                            Legal Document (Payment Possibly Required) 24 Filed: 6/10/2013, Entered: None
                                            REPLY in Support of United States' Statement of Interest filed by SUSAN RICE. (Cartier, Nicholas) (Entered: 06/10/2013)
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                                              Legal Document (Payment Possibly Required) 23 Filed: 6/10/2013, Entered: None
                                              REPLY to opposition to motion re 18 MOTION to Dismiss filed by SUSAN RICE. (Attachments: # 1 Exhibit)(Cartier, Nicholas) (Entered: 06/10/2013)
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                                                Blank 22 Filed: 6/3/2013, Entered: None
                                                RESPONSE to statement of interest of the United States of America with regard to the Scope of Immunity of the defendant United Nations and United Nations Development Programme re 17 Civil Statement filed by DAVID H. LEMPERT. (td, ) (Entered: 06/04/2013)
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                                                  Legal Document (Payment Possibly Required) 21 Filed: 5/22/2013, Entered: None
                                                  MOTION for Order to set date for Government to respond to Plaintiff's Opposition to Defendant's Motion to Dismiss by SUSAN RICE (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 05/22/2013)
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                                                    Blank 20 Filed: 5/16/2013, Entered: None
                                                    Memorandum in opposition to re 18 MOTION to Dismiss filed by DAVID H. LEMPERT. (td, ) (Entered: 05/21/2013)
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                                                      Legal Document (Payment Possibly Required) 19 Filed: 5/13/2013, Entered: None Court Filing
                                                      ORDER. Plaintiff must file an opposition to Secretary Rice's 18 Motion to Dismiss by no later than June 3, 2013. If Plaintiff fails to file a timely opposition, the Court may treat the motion as conceded and dismiss the case. Further, Plaintiff may also file, by no later than June 3, 2013, a response to the 17 Statement of Interest of the United States of America, which shall show cause why this Court should not dismiss with prejudice Plaintiff's suit against the United Nations and the United Nations Development Programme on grounds of their immunity from suit. The Court shall HOLD-IN-ABEYANCE Plaintiff's 16 Motion for Court Service of Defendant United Nations and United Nations Development Programme and Sanctions against Said Defendant for Refusal of Service, pending the Court's receipt of the briefing requested herein. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on May 13, 2013. (lcckk1) (Entered: 05/13/2013)
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                                                        Legal Document (Payment Possibly Required) 18 Filed: 5/3/2013, Entered: None
                                                        MOTION to Dismiss by SUSAN RICE (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 05/03/2013)
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                                                          Legal Document (Payment Possibly Required) 17 Filed: 5/3/2013, Entered: None
                                                          Civil Statement Statement of Interest Regarding the Immunity of the UN from United States of America. (Attachments: # 1 Exhibit)(Cartier, Nicholas) (Entered: 05/03/2013)
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                                                            Legal Document (Payment Possibly Required) 16 Filed: 4/24/2013, Entered: None
                                                            MOTION for Court Service of Defendant United Nations and United Development Programme, MOTION for Sanctions against said defendant for refusal of service by DAVID H. LEMPERT (td, ) (Entered: 04/26/2013)
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                                                              Legal Document (Payment Possibly Required) 15 Filed: 4/3/2013, Entered: None
                                                              Memorandum in opposition to re 14 MOTION for Extension of Time to Respond to Complaint, and Response to Court's Order Soliciting the Views of the United States regarding the Immunity of Defendants filed by DAVID H. LEMPERT. (rdj) (Entered: 04/04/2013)
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                                                                Legal Document (Payment Possibly Required) 14 Filed: 3/28/2013, Entered: None
                                                                MOTION for Extension of Time to Respond to Complaint, and Response to Court's Order Soliciting the Views of the United States regarding the Immunity of Defendants by SUSAN RICE (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 03/28/2013)
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                                                                  Legal Document (Payment Possibly Required) 13 Filed: 3/28/2013, Entered: None
                                                                  NOTICE of Appearance by Nicholas P. Cartier on behalf of SUSAN RICE (Cartier, Nicholas) (Entered: 03/28/2013)
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                                                                    Legal Document (Payment Possibly Required) 12 Filed: 3/18/2013, Entered: None
                                                                    RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/25/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 4/26/2013.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/25/13. (td, ) (Entered: 03/20/2013)
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                                                                      Legal Document (Payment Possibly Required) 11 Filed: 3/13/2013, Entered: None Court Filing
                                                                      ORDER. For the reasons stated herein, the Court finds that it would be beneficial to obtain the views of the United States regarding whether Defendants are immune from suit in this action. Accordingly, by no later than MARCH 28, 2013, the United States shall indicate to the Court whether or not it intends to file a Statement of Interest regarding the issues identified in this Order, and if so, a date by which the Statement of Interest shall be filed. The Clerk of the Court shall mail copies of this Order to the Legal Adviser to the State Department and to the United States Department of Justice, Civil Division, at the addresses specified herein. The Clerk of the Court shall also mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on March 13, 2013. (lcckk1) (Entered: 03/13/2013)
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                                                                        Legal Document (Payment Possibly Required) 10 Filed: 3/11/2013, Entered: None
                                                                        STATUS REPORT by DAVID H. LEMPERT. (td, ) (Entered: 03/12/2013)
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                                                                          Legal Document (Payment Possibly Required) 9 Filed: 3/8/2013, Entered: None
                                                                          Summons Returned Unexecuted as to UNITED NATIONS, UNITED NATIONS DEVELOPMENT PROGRAMME. (td, ) (Entered: 03/11/2013)
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                                                                            Legal Document (Payment Possibly Required) 8 Filed: 1/25/2013, Entered: None Court Filing
                                                                            ORDER. Upon consideration of Plaintiff's 6 Status Report, the Court finds good cause to grant Plaintiff additional time to serve Defendants. Accordingly, in order to avoid the finality of a mandatory dismissal against any unserved Defendant in this action, by no later than FEBRUARY 25, 2013, Plaintiff must either cause process to be served on all Defendants and proof of service to be filed with the Court, or file a status report with the Court explaining why service has not been made. Further, the Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on January 25, 2013. (lcckk1) (Entered: 01/25/2013)
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                                                                              Legal Document (Payment Possibly Required) 7 Filed: 1/25/2013, Entered: None Court Filing
                                                                              ORDER. Plaintiff's 5 Motion for Case Management/Electronic Case Filing Password is DENIED WITHOUT PREJUDICE. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on January 25, 2013. (lcckk1) (Entered: 01/25/2013)
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                                                                                Legal Document (Payment Possibly Required) 6 Filed: 1/23/2013, Entered: None
                                                                                STATUS REPORT by DAVID H. LEMPERT. (td, ) (Entered: 01/24/2013)
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                                                                                  Legal Document (Payment Possibly Required) 5 Filed: 1/23/2013, Entered: None
                                                                                  MOTION for CM/ECF Password by DAVID H. LEMPERT (td, ) (Entered: 01/24/2013)
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                                                                                    Legal Document (Payment Possibly Required) 4 Filed: 1/23/2013, Entered: None
                                                                                    RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SUSAN RICE served on 1/11/2013 (td, ) (Entered: 01/24/2013)
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                                                                                      Legal Document (Payment Possibly Required) 3 Filed: 12/9/2012, Entered: None Court Filing
                                                                                      ORDER. In order to avoid the finality of a mandatory dismissal, by no later than JANUARY 11, 2013, Plaintiff must either cause process to be served and proof of service to be filed with the Court, or file a status report with the Court explaining why service has not been made. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on December 9, 2012. (lcckk1) (Entered: 12/09/2012)
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                                                                                        Legal Document (Payment Possibly Required) 2 Filed: 9/14/2012, Entered: None Court Filing
                                                                                        ORDER Establishing Procedures for Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on September 14, 2012. (SM) (Entered: 09/14/2012)
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                                                                                          Legal Document (Payment Possibly Required) 1 Filed: 9/13/2012, Entered: None
                                                                                          COMPLAINT against SUSAN RICE, UNITED NATIONS, UNITED NATIONS DEVELOPMENT PROGRAMME ( Filing fee $ 350, receipt number 4616051425) filed by DAVID H. LEMPERT. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 09/14/2012)
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