HAYDEN v. WORMUTH

District Of Columbia District Court
Judge:Timothy J Kelly
Case #: 1:23-cv-02709
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause05:702 Administrative Procedure Act
Case Filed:Sep 15, 2023
Last checked: Wednesday Mar 13, 2024 5:49 AM EDT
Defendant
CHRISTINE WORMUTH
Represented By
Patrick Doyle
United States Attorney'S Office For The District Of Col
contact info
Plaintiff
MATTHEW A. HAYDEN
Represented By
Alyssa A. Hartley
Sidley Austin LLP
contact info
Andrew William Shoyer
Sidley Austin LLP
contact info


Docket last updated: 05/09/2025 11:59 PM EDT
Tuesday, April 08, 2025
order .Order Status Report Order ~Util - Set/Reset Deadlines Tue 04/08 10:47 AM
MINUTE ORDER: Upon consideration of the parties'27 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by June 6, 2025, unless a stipulation of dismissal is filed before then. Signed by Judge Timothy J. Kelly on 4/8/2025. (lctjk2)
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Monday, April 07, 2025
27 27 misc Status Report Mon 04/07 5:11 PM
Joint STATUS REPORT by CHRISTINE WORMUTH.(Ballweg, Alane)
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Att: 1 Text of Proposed Order
Friday, February 07, 2025
order .Order Status Report Order ~Util - Set/Reset Deadlines Fri 02/07 10:13 AM
MINUTE ORDER: Upon consideration of the parties'26 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by April 7, 2025, unless a stipulation of dismissal is filed before then. Signed by Judge Timothy J. Kelly on 2/7/2025. (lctjk2)
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Thursday, February 06, 2025
26 26 misc Status Report Thu 02/06 4:44 PM
Joint STATUS REPORT by CHRISTINE WORMUTH.(Ballweg, Alane)
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Att: 1 Text of Proposed Order
Monday, December 09, 2024
order .Order Status Report Order ~Util - Set/Reset Deadlines Mon 12/09 9:56 AM
MINUTE ORDER: Upon consideration of the parties'25 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by February 6, 2025, unless a stipulation of dismissal is filed before then. Signed by Judge Timothy J. Kelly on 12/9/2024. (lctjk2)
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Friday, December 06, 2024
25 25 misc Status Report Fri 12/06 4:30 PM
Joint STATUS REPORT by CHRISTINE WORMUTH.(Ballweg, Alane)
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Att: 1 Text of Proposed Order
Wednesday, October 09, 2024
order .Order Status Report Order ~Util - Set/Reset Deadlines Wed 10/09 10:01 AM
MINUTE ORDER: Upon consideration of the parties'24 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by December 6, 2024, unless a stipulation of dismissal is filed before then. Signed by Judge Timothy J. Kelly on 10/9/2024. (lctjk2)
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Tuesday, October 08, 2024
24 24 misc Status Report Tue 10/08 5:23 PM
Joint STATUS REPORT by CHRISTINE WORMUTH.(Ballweg, Alane)
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Att: 1 Text of Proposed Order
Thursday, September 12, 2024
23 23 notice Notice (Other) Thu 09/12 5:10 PM
NOTICE of Correction Board Decision by CHRISTINE WORMUTH (Ballweg, Alane)
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Tuesday, July 16, 2024
order Order on Motion for Extension of Time to Set/Reset Deadlines Tue 07/16 9:19 AM
MINUTE ORDER granting Defendant's22 Unopposed Motion for Extension of Time. Upon consideration of Defendant's22 Unopposed Motion, and for good cause shown, it is hereby ORDERED that the Unopposed Motion is GRANTED. It is further ORDERED the deadline for the Correction Board to complete its decision on remand, as described in the Court's20 Order, shall be extended to September 1, 2024. Signed by Judge Timothy J. Kelly on 7/16/2024. (lctjk2)
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utility Set/Reset Deadlines Tue 07/16 2:09 PM
Set/Reset Deadlines: Correction Board to complete its decision on remand due by 9/1/2024. (zkh)
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Friday, July 12, 2024
22 22 motion Extension of Time to Fri 07/12 10:11 AM
Unopposed MOTION for Extension of Time to Complete Remand by CHRISTINE WORMUTH.(Ballweg, Alane)
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Att: 1 Text of Proposed Order
Tuesday, May 28, 2024
21 21 notice Notice of Substitution of Counsel Tue 05/28 3:26 PM
NOTICE OF SUBSTITUTION OF COUNSEL by Alane Ballweg on behalf of All Defendants Substituting for attorney Patrick Doyle (Ballweg, Alane)
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Friday, February 09, 2024
20 20 3 pgs order Order on Motion to Remand to Agency Fri 02/09 9:26 AM
ORDER granting the parties'18 Joint Motion for Voluntary Remand and Stay of Proceedings. See Order for details. Signed by Judge Timothy J. Kelly on 2/9/2024. (lctjk2)
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utility Case Stayed Fri 02/09 11:46 AM
Case Stayed. (zkh)
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Thursday, February 08, 2024
19 19 respm Response to Order of the Court Thu 02/08 1:44 PM
RESPONSE TO ORDER OF THE COURT re Order,,,,,, Set Deadlines,,,,, Supplementary Brief to the Joint Motion for Voluntary Remand and Stay of Proceedings filed by MATTHEW A. HAYDEN. (Shoyer, Andrew)
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Wednesday, January 31, 2024
order .Order ~Util - Set/Reset Deadlines Wed 01/31 4:21 PM
MINUTE ORDER: On January 26, 2024, the parties filed a18 Joint Motion in which they request that the Court remand this action to the Army Board for Correction of Military Records and stay the case pending the Correction Board's reconsideration of its denial of Plaintiff's application to correct his military records. The Court intends to grant that request and to require the Correction Board to take the steps agreed to by the parties. But when a challenge to an agency action is on remand, the Court may either retain jurisdiction or dismiss it without prejudice. See Ctr. for Biological Diversity v. U.S. Army Corps of Engineers , No. 20-cv-103 (RDM), 2021 WL 14929, at *2 (D.D.C. 2021) (citing Cobell v. Norton , 240 F.3d 1081, 110809 (D.C. Cir. 2001)). Thus, it is hereby ORDERED that by February 8, 2024, the parties shall file a supplement to their18 Joint Motion addressing why it is appropriate for the Court to retain jurisdiction while this challenge is on remand, as opposed to dismissing the case without prejudice. It is further ORDERED, nunc pro tunc to January 26, 2024, that Defendant's deadline to respond to the Complaint is STAYED until further order of the Court. Signed by Judge Timothy J. Kelly on 1/31/2024. (lctjk2)
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Friday, January 26, 2024
18 18 motion Remand to Agency Fri 01/26 11:07 AM
Joint MOTION to Remand by CHRISTINE WORMUTH.(Doyle, Patrick)
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Att: 1 Text of Proposed Order
Monday, January 22, 2024
order Order on Motion for Extension of Time to Set/Reset Deadlines Mon 01/22 11:04 AM
MINUTE ORDER granting Defendant's17 Consent Motion for Extension of Time to Respond. Upon consideration of Defendant's17 Motion, it is hereby ORDERED, nunc pro tunc to January 19, 2024, and for good cause shown, that the motion is granted. It is further ORDERED that Defendant shall respond to the Complaint by January 26, 2024. Signed by Judge Timothy J. Kelly on 1/22/2024. (lctjk2)
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Thursday, January 18, 2024
17 17 motion Extension of Time to Thu 01/18 8:19 PM
Consent MOTION for Extension of Time to Respond to Complaint by CHRISTINE WORMUTH.(Doyle, Patrick)
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Att: 1 Text of Proposed Order
Friday, December 01, 2023
order Order on Motion for Extension of Time to Answer Set/Reset Deadlines Fri 12/01 9:29 AM
MINUTE ORDER granting Defendant's16 Consent Motion for Extension of Time to Respond. Upon consideration of Defendant's16 Motion, and for good cause shown, it is hereby ORDERED that the motion is granted. It is further ORDERED that Defendant shall respond to the1 Complaint by January 19, 2024. Signed by Judge Timothy J. Kelly on 12/1/2023. (lctjk2)
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Thursday, November 30, 2023
16 16 motion Extension of Time to File Answer Thu 11/30 2:57 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint by CHRISTINE WORMUTH.(Doyle, Patrick)
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Att: 1 Text of Proposed Order
Tuesday, November 28, 2023
15 15 notice Notice of Appearance Tue 11/28 2:16 PM
NOTICE of Appearance by Patrick Doyle on behalf of CHRISTINE WORMUTH (Doyle, Patrick)
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Wednesday, November 01, 2023
14 14 service Summons Returned Executed as to U.S. Attorney General Wed 11/01 3:12 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/12/2023. (Hartley, Alyssa)
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Wednesday, October 18, 2023
13 13 service Summons Returned Executed as to Federal Defendant Wed 10/18 8:06 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHRISTINE WORMUTH served on 10/12/2023 (Hartley, Alyssa)
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Friday, October 13, 2023
12 12 service Summons Returned Executed as to US Attorney Fri 10/13 12:39 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/6/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/5/2023. (Hartley, Alyssa)
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Thursday, October 05, 2023
11 11 notice Notice of Appearance Thu 10/05 4:11 PM
NOTICE of Appearance by Alyssa A. Hartley on behalf of MATTHEW A. HAYDEN (Hartley, Alyssa)
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Thursday, September 21, 2023
10 10 service Electronic Summons Issued as to AUSA,USAG Thu 09/21 12:01 PM
SUMMONS (2) Issued Electronically as U.S. Attorney and U.S. Attorney General. (ztth)
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Wednesday, September 20, 2023
9 9 order Standing Order Wed 09/20 2:35 PM
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 9/20/2023. (lctjk2)
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order Order on Motion for Leave to Appear Pro Hac Vice Wed 09/20 9:30 AM
MINUTE ORDER granting Plaintiff's5 Motion for Admission Pro Hac Vice of Alyssa A. Hartley. Upon consideration of the5 Motion and3 Declaration, it is hereby ORDERED that Attorney Alyssa A. Hartley is admitted pro hac vice to appear in this matter on behalf of Plaintiff Matthew A. Hayden. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) [LINK:Click for instructions] . Signed by Judge Timothy J. Kelly on 9/20/2023. (lctjk2)
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Tuesday, September 19, 2023
8 8 cmp Request for Summons to Issue Tue 09/19 5:57 PM
REQUEST FOR SUMMONS TO ISSUE for Matthew M. Graves, United States Attorney for the District of Columbia filed by MATTHEW A. HAYDEN. Related document:1 Complaint filed by MATTHEW A. HAYDEN.(Shoyer, Andrew)
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7 7 cmp Request for Summons to Issue Tue 09/19 5:53 PM
REQUEST FOR SUMMONS TO ISSUE Merrick B. Garland, United States Attorney General filed by MATTHEW A. HAYDEN. Related document:1 Complaint filed by MATTHEW A. HAYDEN.(Shoyer, Andrew)
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6 6 service Electronic Summons Issued Tue 09/19 1:12 PM
SUMMONS (1) Issued Electronically as to CHRISTINE WORMUTH. (Attachment: #1 Notice and Consent)(zsl)
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5 5 motion Appear Pro Hac Vice Tue 09/19 12:52 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alyssa A. Hartley, Filing fee $ 100, receipt number ADCDC-10361473. Fee Status: Fee Paid. by MATTHEW A. HAYDEN.(Shoyer, Andrew)
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Att: 1 Certificate of Good Standing
4 4 misc Errata Tue 09/19 12:44 PM
ERRATA to Complaint by MATTHEW A. HAYDEN re1 Complaint. (Shoyer, Andrew)
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utility Case Assigned/Reassigned Tue 09/19 1:10 PM
Case Assigned to Judge Timothy J. Kelly. (zsl)
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notice Notice of QC- New Case Tue 09/19 1:13 PM
NOTICE OF ERROR re1 Complaint; emailed to ashoyer@sidley.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zsl, )
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Monday, September 18, 2023
notice Notice of QC- New Case Mon 09/18 12:31 PM
NOTICE OF ERROR re1 Complaint; emailed to ashoyer@sidley.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl, )
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notice Notice of QC Mon 09/18 12:46 PM
NOTICE OF ERROR re3 Motion for Leave to Appear Pro Hac Vice; emailed to ashoyer@sidley.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed , 2. MOTION for Leave to Appear Pro Hac Vice was not filed. Please refer to LCVR 83.2 (c) and the court's website for instructions. https://www.dcd.uscourts.gov/attorney-renewal (zsl, )
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Friday, September 15, 2023
3 3 motion Appear Pro Hac Vice Fri 09/15 6:13 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alyssa Hartley, Filing fee $ 100, receipt number ADCDC-10356330. Fee Status: Fee Paid. by MATTHEW A HAYDEN. (Shoyer, Andrew)
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2 2 notice Notice of Appearance Fri 09/15 6:08 PM
NOTICE of Appearance by Andrew William Shoyer on behalf of MATTHEW A HAYDEN (Shoyer, Andrew)
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1 1 12 pgs cmp Complaint Fri 09/15 6:05 PM
COMPLAINT against CHRISTINE WORMUTH ( Filing fee $ 402 receipt number ADCDC-10356316) filed by MATTHEW A HAYDEN.(Shoyer, Andrew)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons for Christine Wormuth