Heghmann et al v. Sebelius et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:09-cv-05880
District Judge Barbara S. Jones, presiding

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No Logo Beatrice M. Heghmann, Plaintiff

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Name Phone Fax E-Mail
Space Beatrice M. Heghmann
No Logo Robert A. Heghmann, Plaintiff

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Name Phone Fax E-Mail
Space Robert A. Heghmann +1 603 292 6400
v.
No Logo Charlene Frizzera, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY Benjamin H. Torrance +1 212 637 2703 +1 212 637 2702 benjamin.torrance@usdoj.gov
No Logo Kathleen Sebelius, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY Benjamin H. Torrance +1 212 637 2703 +1 212 637 2702 benjamin.torrance@usdoj.gov
No Logo Nancy-Ann DeParle, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY Benjamin H. Torrance +1 212 637 2703 +1 212 637 2702 benjamin.torrance@usdoj.gov
No Logo Timothy Geithner, Defendant
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
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Legal Document (Payment Possibly Required) 33 Filed: 7/14/2010, Entered: None
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 32 Notice of Appeal filed by Robert A. Heghmann, Beatrice M. Heghmann 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp). (Entered: 07/15/2010)
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    Legal Document (Payment Possibly Required) 32 Filed: 6/2/2010, Entered: None
    NOTICE OF APPEAL from 26 Clerk's Judgment, 25 Order. Document filed by Beatrice M. Heghmann, Robert A. Heghmann. (tp) (Entered: 07/14/2010)
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      Legal Document (Payment Possibly Required) 31 Filed: 7/9/2010, Entered: None Court Filing
      ORDER: Plaintiffs Robert A. and Beatrice A. Heghmann have submitted applications to appeal the Court's May 24, 2010 decision In Forma Pauperis. This Court is not persuaded of "the party's inability to pay or to give security for fees and costs." Fed. R, App. Proc. 24(a). Plaintiff Beatrice Heghmann earns $72,000 per year. Furthermore, Plaintiffs were able to pay the filing fees in another case appealed to the Second Circuit in April 2010. See Hegmann v. Geithner et al., 10 civ. 2523, Dkt. # 4. Therefore, Plaintiffs' request to proceed In Forma Pauperis is DENIED. (Signed by Judge Barbara S. Jones on 7/9/2010) (jfe) (Entered: 07/09/2010)
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        Legal Document (Payment Possibly Required) 30 Filed: 6/22/2010, Entered: None
        REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL. Document filed by Beatrice M. Heghmann.(rmj) (Entered: 06/29/2010)
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          Legal Document (Payment Possibly Required) 29 Filed: 6/2/2010, Entered: None
          REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL. Document filed by Robert A. Heghmann.(rmj) (Entered: 06/29/2010)
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            Legal Document (Payment Possibly Required) 28 Filed: 6/9/2010, Entered: 6/9/2010 USCA Mandate
            MANDATE of USCA (Certified Copy) USCA Case Number 10-2009. Petitioner moves to withdraw this mandamus petition. The motion is granted: the mandamus petition and accompanying ifp motion are withdrawn. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 06/08/2010. (nd) (Entered: 06/09/2010)
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              Legal Document (Payment Possibly Required) 27 Filed: 6/2/2010, Entered: 6/2/2010 Non-Appeal Record Sent to USCA - Index
              Non-Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Non-Appeal USCA Case Number 10-2009, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 06/02/2010)
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                Legal Document (Payment Possibly Required) 26 Filed: 5/24/2010, Entered: 5/24/2010 Clerks Judgment
                CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated May 13, 2010, defendants' motion to dismiss the complaint is granted in its entirety; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/24/10) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 05/24/2010)
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                  Legal Document (Payment Possibly Required) 25 Filed: 5/13/2010, Entered: 5/13/2010 OrderCourt Filing
                  ORDER On May 7, 2010, Plaintiffs filed a Second Amended Complaint in this action. Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, such an action was inappropriate. Plaintiffs did not file this complaint in a timely fashion to amend as a matter of course, and did not receive the opposing party's written consent or the Court's leave to do so. It is thus ordered that the Clerk of the Court shall remove this Second Amended Complaint (Dkt. #23) from the docket. SO ORDERED. (Signed by Judge Barbara S. Jones on 5/13/2010) (jmi) (Entered: 05/13/2010)
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                    Blank 24 Filed: 5/13/2010, Entered: 5/13/2010 Order on Motion to DismissCourt Filing
                    ORDER granting 9 Motion to Dismiss; granting 9 Motion to Dismiss for Lack of Jurisdiction. For the reasons stated above, Defendants' motion to dismiss the Complaint is GRANTED in its entirety. The Clerk of the Court is directed to close the case. SO ORDERED. (Signed by Judge Barbara S. Jones on 5/13/2010) (jmi) (Entered: 05/13/2010)
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                      Legal Document (Payment Possibly Required) 22 Filed: 1/5/2010, Entered: 1/5/2010 OrderCourt Filing
                      ORDER: All discovery in this matter is stayed pending disposition of the pending motion to dismiss. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/4/2010) Copies Mailed By Chambers. (tro) (Entered: 01/05/2010)
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                        Legal Document (Payment Possibly Required) 21 Filed: 12/31/2009, Entered: 12/31/2009 OrderCourt Filing
                        ORDER that in light of the attached order, the Clerk is requested to designate this case as non-ECF and pro se and add plaintiff Beatrice Heghmann to the docket sheet in accordance with the information provided in the Amended Complaint. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/31/09)Copies mailed by chambers. (dle) Modified on 1/8/2010 (dle). (Entered: 12/31/2009)
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                          Legal Document (Payment Possibly Required) 20 Filed: 12/16/2009, Entered: 12/16/2009 Endorsed LetterCourt Filing
                          ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Benjamin H. Torrance dated 12/15/09 re: counsel for the government requests that this Court stay discovery pending a decision by Judge Jones on the government's motion to dismiss. ENDORSEMENT: Plaintiffs shall respond to this letter on or before 12/31/09. In addition no party shall engage in any discovery, including but not limited to subpoenas to third parties, until the disposition of the instant application for a stay. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/16/09) (dle) (Entered: 12/16/2009)
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                            Legal Document (Payment Possibly Required) 19 Filed: 12/11/2009, Entered: 12/11/2009 Certificate of Service Other
                            CERTIFICATE OF SERVICE of Reply Memorandum of Law served on Robert Heghmann, Beatrice Heghmann on Dec 11, 2009. Service was made by mail. Document filed by Kathleen Sebelius, Nancy-Ann DeParle, Charlene Frizzera. (Torrance, Benjamin) (Entered: 12/11/2009)
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                              Legal Document (Payment Possibly Required) 18 Filed: 12/11/2009, Entered: 12/11/2009 Reply Memorandum of Law in Support of Motion
                              REPLY MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss. MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Kathleen Sebelius, Nancy-Ann DeParle, Charlene Frizzera. (Torrance, Benjamin) (Entered: 12/11/2009)
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                                Legal Document (Payment Possibly Required) 17 Filed: 12/8/2009, Entered: 12/10/2009 TranscriptCourt Filing
                                TRANSCRIPT of proceedings held on September 25, 2009 before Magistrate Judge Gabriel W. Gorenstein. (mro) (Entered: 12/10/2009)
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                                  Legal Document (Payment Possibly Required) 16 Filed: 11/30/2009, Entered: 12/3/2009 Amended Complaint
                                  AMENDED COMPLAINT amending 1 Complaint, against Kathleen Sebelius, Nancy-Ann DeParle, Charlene Frizzera. Document filed by Beatrice M. Heghmann (individually), Beatrice M. Heghmann (on behalf of all others similarly situated), Robert A. Heghmann. Related document: 1 Complaint, filed by Beatrice M. Heghmann.(djc) (Entered: 12/03/2009)
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                                    Legal Document (Payment Possibly Required) 15 Filed: 11/30/2009, Entered: 12/3/2009 Memorandum of Law in Opposition to Motion
                                    MEMORANDUM OF LAW in Opposition re: 13 MOTION for Declaratory Judgment; and in support of 9 MOTION to Dismiss. MOTION to Dismiss for Lack of Jurisdiction. Document filed by Beatrice M. Heghmann(individually), Beatrice M. Heghmann(on behalf of all others similarly situated), Robert A. Heghmann. (djc) (Entered: 12/03/2009)
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                                      Legal Document (Payment Possibly Required) 14 Filed: 12/3/2009, Entered: 12/3/2009 TranscriptCourt Filing
                                      TRANSCRIPT of proceedings held on 9/25/09 before Magistrate Judge Gabriel W. Gorenstein. (tro) (Entered: 12/03/2009)
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                                        Legal Document (Payment Possibly Required) 13 Filed: 11/30/2009, Entered: 12/3/2009 Motion for Declaratory Judgment
                                        MOTION for Declaratory Judgment pursuant to 28 U.S.C. sec. 2201 and Rule 57, FRCP. Document filed by Beatrice M. Heghmann (individually), Robert A. Heghmann.(djc) (Entered: 12/03/2009)
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                                          Legal Document (Payment Possibly Required) 12 Filed: 10/1/2009, Entered: 11/9/2009 Summons Returned Executed
                                          SUMMONS RETURNED EXECUTED Summons and Complaint, served. Charlene Frizzera served on 7/9/2009, answer due 7/29/2009. Service was accepted by David Cabe, Esq.. Document filed by Beatrice M. Heghmann(individually); Beatrice M. Heghmann(on behalf of all others similarly situated); Robert A. Heghmann. (dle) (Entered: 11/09/2009)
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                                            Legal Document (Payment Possibly Required) 11 Filed: 10/30/2009, Entered: 10/30/2009 Certificate of Service Other
                                            CERTIFICATE OF SERVICE of Notice of Motion and Memorandum of Law served on Beatrice M. Heghmann, Robert A. Heghmann on Oct. 30, 2009. Service was made by mail. Document filed by Kathleen Sebelius, Nancy-Ann DeParle, Charlene Frizzera. (Torrance, Benjamin) (Entered: 10/30/2009)
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                                              Blank 10 Filed: 10/30/2009, Entered: 10/30/2009 Memorandum of Law in Support of Motion
                                              MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss. MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Kathleen Sebelius, Nancy-Ann DeParle, Charlene Frizzera. (Torrance, Benjamin) (Entered: 10/30/2009)
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                                                Blank 9 Filed: 10/30/2009, Entered: 10/30/2009 Motion to Dismiss
                                                MOTION to Dismiss., MOTION to Dismiss for Lack of Jurisdiction.( Responses due by 11/20/2009) Document filed by Kathleen Sebelius, Nancy-Ann DeParle, Charlene Frizzera.(Torrance, Benjamin) (Entered: 10/30/2009)
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                                                  Legal Document (Payment Possibly Required) 8 Filed: 10/1/2009, Entered: 10/26/2009 Affidavit of Service as to USA
                                                  PROOF OF SERVICE of Summons and Complaint. Nancy-Ann DeParle served on 7/9/2009, answer due 9/28/2009. Service was made by certified mail. (mro) (Entered: 10/26/2009)
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                                                    Legal Document (Payment Possibly Required) 7 Filed: 10/5/2009, Entered: 10/9/2009 Pro Se Memorandum to Change Address
                                                    PRO SE MEMORANDUM dated 9/22/09 re: CHANGE OF ADDRESS New Address: 17 Deer Meadow Road, Durham, NH, 03824. (ae) (Entered: 10/09/2009)
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                                                      Blank 6 Filed: 9/28/2009, Entered: 9/28/2009 OrderCourt Filing
                                                      ORDER, plaintiff has leave to file an amended complaint provided that (1) plaintiff and Mr. Heghman, if added, sign the amended complaint and each appears pro se; and (2) such complaint is served on defendant on or before 10/2/09, and if filed promptly. Amended Pleadings due by 10/2/2009. Motion to dismiss by defendants due by 10/30/2009. Replies due by 12/11/2009. Responses due by 11/20/2009. The motion is returnable before Judge Jones. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/25/09) Copies sent by chambers(cd) (Entered: 09/28/2009)
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                                                        Legal Document (Payment Possibly Required) 5 Filed: 9/8/2009, Entered: 9/8/2009 Endorsed LetterCourt Filing
                                                        ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Benjamin H. Torrance dated 9/4/2009 re: request that the 9/16/2009 conference be rescheduled. ENDORSEMENT: Conference adjourned to 9/25/2009 at 02:15 PM. The conference will start promptly at that time. The requirements of the 8/31 Order otherwise remain in effect. (In the future, please follow paragraph 1.F of this Court's Individual Practice.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/4/2009) (jar) (Entered: 09/08/2009)
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                                                          Blank 4 Filed: 8/31/2009, Entered: 8/31/2009 Endorsed LetterCourt Filing
                                                          ENDORSED LETTER addressed to Magistrate Judge Gabriel W.Gorenstin from Benjamin H. Torrance dated 8/28/09 re: counsel for defendant request an extension of time for the government to file an answer or motion in response to the complaint, from the current due date of September 14, 2009, to September 28, 2009. This is the government's first request for such an extension, and counsel for plaintiff consents. ENDORSEMENT: granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 08/28/09) (pl) (Entered: 08/31/2009)
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                                                            Legal Document (Payment Possibly Required) 3 Filed: 8/31/2009, Entered: 8/31/2009 OrderCourt Filing
                                                            ORDER, that for the reasons stated in the Government's letter, the Government's time to respond to the complaint is adjourned sine die. The Court notes further that plaintiff's counsel has not responded to a June 30, 2009 directive from the CM/ECF unit regarding the processing of his complaint. Mr. Heghmann shall comply with this directive promptly. In addition, the parties shall attend a conference to discuss the status of this matter on September 16, 2009, at 9:45 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. All parties must appear at this conference and should arrive prior to the scheduled time so that the conference may begin promptly. In light of the Court's inability to reach Mr. Heghmann, he is directed to telephone the Court on or before September 9, 2009 at (212) 805-4260 to confirm that he received a copy of this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 08/31/09) (pl) (Entered: 08/31/2009)
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                                                              Legal Document (Payment Possibly Required) 2 Filed: 7/15/2009, Entered: 7/15/2009 Order Referring Case to Magistrate JudgeCourt Filing
                                                              ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Barbara S. Jones on 7/15/09) (pl) (Entered: 07/15/2009)
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                                                                Legal Document (Payment Possibly Required) 1 Filed: 6/25/2009, Entered: 6/30/2009 Complaint
                                                                COMPLAINT against Kathleen Sebelius, Nancy-Ann DeParle, Charlene Frizzera. (Filing Fee $ 350.00, Receipt Number 692772)Document filed by Beatrice M. Heghmann(individually), Beatrice M. Heghmann(on behalf of all others similarly situated).(mro) Modified on 6/30/2009 (mro). (Entered: 06/30/2009)
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