JUSTIS v. DEPARTMENT OF AGRICULTURE
| Pennsylvania Eastern District Court | |
| Judge: | Joel H Slomsky |
| Case #: | 2:23-cv-04193 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:12101 The Americans with Disabilities Act of 1990 |
| Case Filed: | Oct 25, 2023 |
| Terminated: | Jan 08, 2025 |
| Last checked: Monday Apr 22, 2024 4:33 AM EDT |
|
Defendant
DEPARTMENT OF AGRICULTURE
|
Represented By
|
|
Plaintiff
RAYMOND F. JUSTIS
72351-066 FCI CUMBERLAND PO BOX 1000
CUMBERLAND, MD 21501 |
GPO
Jan 08 2025
MEMORANDUM. SIGNED BY DISTRICT JUDGE JOEL H. SLOMSKY ON 1/7/2025. 1/8/2025 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(ahf) |
|
|
GPO
Jan 08 2025
ORDER THAT DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (DOC. NO. 19) IS GRANTED FOR THE REASONS STATED IN THE COURT'S ACCOMPANYING MEMORANDUM. THE AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. THE MSPB'S 1/23/2023 DECISION IS AFFIRMED. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY DISTRICT JUDGE JOEL H. SLOMSKY ON 1/7/2025. 1/8/2025 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(ahf) |
| Docket last updated: 01/29/2025 11:59 PM EST |
| Wednesday, January 22, 2025 | ||
| 29 | 29
appeal
USCA Notice of Docketing ROA
Wed 01/22 1:17 PM
NOTICE of Docketing Record on Appeal from USCA re28 Notice of Appeal filed by RAYMOND F. JUSTIS. USCA Case Number 25-1123 (er) |
|
| Thursday, January 16, 2025 | ||
| 28 | 28
appeal
Notice of Appeal
Wed 01/22 9:18 AM
NOTICE OF APPEAL as to27 Order (Memorandum and/or Opinion),26 Memorandum and/or Opinion by RAYMOND F. JUSTIS. (IFP GRANTED). (ahf) |
|
| Thursday, January 09, 2025 | ||
|
misc
Remark
Thu 01/09 8:18 AM
COPY OF MEMO AND ORDER (DOC. NOS. 26 & 27) MAILED TO PRO SE ON 1/9/2025. (ahf) |
||
| Wednesday, January 08, 2025 | ||
| 27 | 27
1
pgs
order
Memorandum and/or Opinion Order
Wed 01/08 9:46 AM
ORDER THAT DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (DOC. NO. 19) IS GRANTED FOR THE REASONS STATED IN THE COURT'S ACCOMPANYING MEMORANDUM. THE AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. THE MSPB'S 1/23/2023 DECISION IS AFFIRMED. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY DISTRICT JUDGE JOEL H. SLOMSKY ON 1/7/2025. 1/8/2025 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(ahf) |
|
| 26 | 26
24
pgs
order
Memorandum and/or Opinion
Wed 01/08 9:42 AM
MEMORANDUM. SIGNED BY DISTRICT JUDGE JOEL H. SLOMSKY ON 1/7/2025. 1/8/2025 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(ahf) |
|
| Wednesday, October 23, 2024 | ||
|
misc
Remark
Wed 10/23 8:26 AM
DOC. NO.25 MAILED TO PRO SE ON 10/23/24. (amas) |
||
| Tuesday, October 22, 2024 | ||
| 25 | 25
1
pgs
order
Order Re: Attorney Panel
Tue 10/22 11:31 AM
ORDER THAT THIS CASE SHALL BE REMOVED FROM THE EMPLOYMENT PANEL BECAUSE NO ATTORNEY HAS VOLUNTEERED TO ACCEPT APPOINTMENT IN THIS CASE. PLAINTIFF MUST REPRESENT THEMSELF AT THIS TIME IF THEY SEEK TO PROCEED WITH THIS CASE. SIGNED BY DISTRICT JUDGE JOEL H. SLOMSKY ON 10/22/2024. 10/22/2024 ENTERED AND COPIES E-MAILED AND NOT MAILED TO PRO SE.(ahf) |
|
| Thursday, July 18, 2024 | ||
| 24 | 24
1
pgs
order
Order Re: Attorney Panel ~Util - Case Stayed
Thu 07/18 12:22 PM
ORDER THAT UPON CONSIDERATION OF PLAINTIFFS AMENDED COMPLAINT (DOC. NO. 15) AND PLAINTIFFS REQUEST FOR APPOINTMENT OF ATTORNEY (DOC. NO. 14), IT IS ORDERED THAT PLAINTIFFS REQUEST FOR APPOINTMENT OF ATTORNEY (DOC. NO. 14) IS GRANTED AS FOLLOWS: 1. THE CLERK OF COURT SHALL PLACE THE ABOVE-CAPTIONED CASE ON THE EXTRANET FOR THE ATTORNEY PANEL FOR PRO SE PLAINTIFFS IN EMPLOYMENT CASES FOR APPOINTMENT OF COUNSEL TO REPRESENT PRO SE PLAINTIFF RAYMOND F. JUSTIS. 2. THE CLERK OF COURT SHALL SEND PLAINTIFF A COPY OF THE PROGRAM DESCRIPTION FOR THE ATTORNEY PANEL FOR PRO SE PLAINTIFFS IN EMPLOYMENT CASES. 3. THE CLERK OF COURT SHALL PLACE THE ABOVE-CAPTIONED CASE IN SUSPENSE FOR NINETY (90) DAYS. SIGNED BY DISTRICT JUDGE JOEL H. SLOMSKY ON 7/18/2024. 7/18/2024 ENTERED AND COPIES MAILED AND E-MAILED.(sg) |
|
| Friday, March 22, 2024 | ||
| 23 | 23
respm
Response in Support of Motion
Fri 03/22 4:21 PM
RESPONSE in Support re19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative for Summary Judgment filed by DEPARTMENT OF AGRICULTURE. (Pawlowski, Alanna) |
|
| Wednesday, March 06, 2024 | ||
| 22 | 22
respm
Response to Motion
Thu 03/07 11:04 AM
THE PLAINTIFF'S RESPONSE TO THE AGENCY'S MOTION, filed by RAYMOND F. JUSTIS. (sg) |
|
| Thursday, February 22, 2024 | ||
|
misc
Remark
Thu 02/22 8:13 AM
MAILED OUT ORDER ENTRY21 TO PLAINTIFF ON 2/22/24. (jaa, ) |
||
| Wednesday, February 21, 2024 | ||
| 21 | 21
order
Pro Se Civil Admin Order 8
Wed 02/21 10:36 AM
ORDER THAT DEFENDANT HAVING FILED A MOTION PURSUANT TO FRCP 12, PLAINTIFF SHALL FILE A RESPONSE BY 3/22/24. IF PLAINTIFF FILES A RESPONSE, DEFENDANT MAY FILE A REPLY NO LATER THAN 15 DAYS THEREAFTER. RESPONSES DUE BY 3/22/2024. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 2/21/24. 3/22/24 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PLAINTIFF.(jaa, ) |
|
| Thursday, February 15, 2024 | ||
| 20 | 20
misc
Administrative Record
Thu 02/15 12:15 PM
Administrative Record . (Pawlowski, Alanna) |
|
| 19 | 19
motion
Dismiss for Failure to State a Claim
Thu 02/15 12:13 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative for Summary Judgment filed by DEPARTMENT OF AGRICULTURE.Memorandum, Certificate of Service.(Pawlowski, Alanna) |
|
| Thursday, February 01, 2024 | ||
| 18 | 18
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 02/01 2:50 PM
ORDER THAT DEFENDANTS MOTION FOR EXTENSION OF TIME (DOC. NO. 17) IS GRANTED. DEFENDANT SHALL FILE ITS RESPONSE TO PLAINTIFFS AMENDED COMPLAINT (DOC. NO. 15) BY FEBRUARY 15, 2024. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 2/1/24.2/1/24 ENTERED AND COPIES MAILED TO PLAINTIFF AND E-MAILED.(jaa, ) Modified on 2/1/2024 (jaa, ) |
|
| Tuesday, January 30, 2024 | ||
| 17 | 17
motion
Extension of Time to File Response/Reply
Tue 01/30 3:10 PM
MOTION for Extension of Time to File Response/Reply as to15 Amended Complaint filed by DEPARTMENT OF AGRICULTURE.Certificate of Service.(Pawlowski, Alanna) |
|
| Wednesday, January 03, 2024 | ||
| 16 | 16
service
Summons Returned Executed as to USA
Wed 01/03 12:41 PM
SUMMONS Returned Executed as to USA by US MARSHALS upon RAYMOND F. JUSTIS. by CERTIFIED MAIL DEPARTMENT OF AGRICULTURE served on 12/27/2023, answer due 2/26/2024. (jaa, ) |
|
| Thursday, December 14, 2023 | ||
| 15 | 15
cmp
Amended Complaint
Fri 12/15 11:26 AM
AMENDED COMPLAINT against DEPARTMENT OF AGRICULTURE, filed by RAYMOND F. JUSTIS.(jaa, ) |
|
| 14 | 14
motion
Appoint Counsel
Fri 12/15 11:25 AM
REQUEST FOR APPOINTMENT OF ATTORNEY filed by RAYMOND F. JUSTIS.(jaa, ) |
|
| Thursday, December 07, 2023 | ||
| 13 | 13
service
Acceptance of Service by U.S. Attorney
Thu 12/07 2:47 PM
Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (jaa, ) |
|
| Tuesday, December 05, 2023 | ||
| 12 | 12
service
Summons Returned Executed
Tue 12/05 3:19 PM
SUMMONS Returned Executed by RAYMOND F. JUSTIS re: US MARSHALS served Summons and Complaint upon DEPARTMENT OF AGRICULTURE by PERSONAL. DEPARTMENT OF AGRICULTURE served on 12/5/2023, answer due 12/26/2023. (jaa, ) |
|
|
misc
Remark
Tue 12/05 7:54 AM
MAILED OUT ORDER ENTRY10 TO PLAINTIFF ON 12/5/23. (jaa, ) |
||
| Monday, December 04, 2023 | ||
| 11 | 11
service
Summons Issued as to USA
Mon 12/04 12:57 PM
Summons Issued as to DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General EMAILED To: US MARSHALS AND US ATTORNEYS on 12/4/23. (jaa, ) |
|
| 10 | 10
3
pgs
order
Order
Mon 12/04 12:53 PM
ORDER THAT THE CLERK OF COURT IS DIRECTED TO ISSUE SUMMONSES FOR THE FOLLOWING DEFENDANT(S): A. UNITED STATES DEPARTMENT OF AGRICULTURE; THE CLERK OF COURT IS DIRECTED TO FORWARD THE SUMMONSES, COMPLETED USM285 FORM, AND A COPY OF THE GOVERNING COMPLAINT (ECF NO. 4) WITH EXHIBITS (ECF NO. 5) TO THE U.S. MARSHALS SERVICE. THE CLERK OF COURT IS FURTHER DIRECTED TO RECORD THIS EVENT ON THE DOCKET. SERVICE OF THE SUMMONSES AND THE COMPLAINT SHALL BE MADE UPON THE DEFENDANTS LISTED IN PARAGRAPH 1 OF THIS ORDER BY THE U.S. MARSHALS SERVICE IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE; THE U.S. MARSHALS SERVICE SHALL ALSO MAKE SERVICE UPON THE ATTORNEY GENERAL OF THE UNITED STATES IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 4(I)(B); THE CLERK OF COURT IS DIRECTED TO MAKE SERVICE ON THE UNITED STATES ATTORNEYS OFFICE FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 4(I)(A) AND THE 90-DAY TIME PERIOD TO SERVE PROCESS UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(M) IS EXTENDED TO THE DATE THE CLERKS OFFICE FORWARDS THE USM-285 FORM, THE COMPLAINT, AND THE SUMMONSES TO THE U.S. MARSHALS SERVICE. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 12/1/23. 12/4/23 ENTERED AND COPIES NOT MAILED TO PLAINTIFF.(jaa, ) |
|
| Friday, November 24, 2023 | ||
| 9 | 9
misc
US Marshal 285 Form
Mon 11/27 12:51 PM
US Marshal 285 Form. (jaa, ) |
|
| Monday, November 20, 2023 | ||
|
misc
Remark
Mon 11/20 8:59 AM
DOC. NO. 3, ALONG WITH USM FORM 285, MAILED TO PRO SE ON 11/20/2023. (md) |
||
| Thursday, November 16, 2023 | ||
| 8 | 8
motion
Proceed In Forma Pauperis
Mon 11/20 10:41 AM
MOTION AND DECLARATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS filed by RAYMOND F. JUSTIS.(jaa, ) Modified on 11/20/2023 (tjd) |
|
| 7 | 7
misc
Prisoner Trust Fund Account Statement
Fri 11/17 9:09 AM
Prisoner Trust Fund Account Statement by RAYMOND F. JUSTIS. (jaa, ) |
|
| 6 | 6
misc
Statement
Fri 11/17 9:07 AM
Supplemental In Forma Pauperis Form for Prisoners Authorization Form by RAYMOND F. JUSTIS. (jaa, ) |
|
| 5 | 5
trial
Exhibit
Fri 11/17 9:05 AM
EXHIBITS by RAYMOND F. JUSTIS.. (jaa, ) |
|
| 4 | 4
cmp
Complaint
Fri 11/17 9:04 AM
COMPLAINT against DEPARTMENT OF AGRICULTURE, filed by RAYMOND F. JUSTIS.(jaa, ) |
|
| 3 | 3
5
pgs
order
Order
Fri 11/17 8:59 AM
ORDER THAT THE CLERK OF COURT IS DIRECTED TO DOCKET JUSTISS PETITION FOR JUDICIAL REVIEW PURSUANT TO 5 U.S.C. 7703(A)(1), (ECF NO. 1-1 AT 13-19), AS A COMPLAINT AND TO DOCKET THE REMAINDER OF THE RECORD, I.E., ECF NO. 1-1 MINUS PAGES 13-19, 85-93, AS EXHIBITS TO THE COMPLAINT; THE CLERK OF COURT IS DIRECTED TO SEPARATELY DOCKET JUSTISS MOTION AND DECLARATION TO PROCEED IN FORMA PAUPERIS, (CURRENTLY ECF NO. 1-2), SUPPLEMENTAL IN FORMA PAUPERIS FORM FOR PRISONERS AUTHORIZATION FORM, (ECF NO. 1-1 AT 85-86), AND CERTIFIED SIXMONTH INSTITUTIONAL ACCOUNT STATEMENT. (ID. AT 87-93.); LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED; THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF FCI CUMBERLAND AND THE PETITION/COMPLAINT IS DEEMED FILED AS OUTLINED HEREIN. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 11/16/23. 11/17/23 ENTERED AND COPIES E-MAILED TO WARDEN. *NOT MAILED TO PLAINTIFF.(jaa, ) |
|
| Wednesday, November 01, 2023 | ||
|
misc
Remark
Wed 11/01 2:25 PM
MAILED OUT EMPLOYMENT PACKET WITH REQUEST FOR APPOINTMENT OF COUNSEL FORMS TO PLAINTIFF ON 11/1/23. (jaa, ) |
||
| Tuesday, October 31, 2023 | ||
| 2 | 2
notice
Notice re: Pro Se Guidelines
Tue 10/31 3:54 PM
PRO SE NOTICE RE:GUIDELINES (jaa, ) |
|
| Wednesday, October 25, 2023 | ||
| 1 | 1
misc
Certified Copy of Order
Tue 10/31 3:38 PM
Certified Copy of Order from USCA. (jaa, ) (jaa, ) |
|
|
Att: 1
(10/31/2023) DOCKET SHEET,
|
||
|
Att: 2
(10/31/2023) IFP
|
||