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U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:11-cv-00919-JDB


SIBLEY v. OBAMA et al
Assigned to: Judge John D. Bates
Case: 1:10-cv-01696-JDB
Cause: 28:2201 Declaratory Judgement

Date Filed: 05/17/2011
Jury Demand: Plaintiff
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant
Plaintiff
MONTGOMERY BLAIR SIBLEY represented by MONTGOMERY BLAIR SIBLEY
4000 Massachusetts Avenue, NW
Suite 1518
Washington, DC 20016
(202) 478-0371
Fax: (202) 478-0371
PRO SE

V.
Defendant
BARACK OBAMA
President of the United States
represented by Mitchell P. Zeff
U.S. ATTORNEY'S OFFICE
555 Fourth Street, NW
Washington, DC 20530
(202) 514-7352
Fax: (202) 514-8780
Email: mitchell.zeff@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
ERIC H. HOLDER, JR.
U.S. Attorney General
represented by Mitchell P. Zeff
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
VINCENT GRAY
Mayor of the District of Columbia
represented by Jacques P. Lerner
OFFICE OF THE ATTORNEY GENERAL FOR DC
441 4th Street, NW
6th Floor South
Washington, DC 20001
(202) 724-1342
Fax: (202) 715-7824
Email: jacques.lerner@dc.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Melissa Lael Baker
OFFICE OF THE ATTORNEY GENERAL, DC
441 Fourth Street, NW
6th Floor North
Washington, DC 20001
202-442-9887
Fax: (202) 730-1499
Email: melissa.baker@dc.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 
Defendant
DISTRICT OF COLUMBIA
Department of Health
represented by Jacques P. Lerner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Melissa Lael Baker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
05/17/2011 1 COMPLAINT against ERIC H. HOLDER, JR, BARACK OBAMA ( Filing fee $ 350, receipt number 4616038911) filed by MONTGOMERY BLAIR SIBLEY. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 05/18/2011)
05/17/2011 SUMMONS (4) Issued as to ERIC H. HOLDER, JR, BARACK OBAMA, U.S. Attorney and U.S. Attorney General (dr) (Entered: 05/18/2011)
05/17/2011 2 NOTICE OF RELATED CASE. Case related to Case No. 10-1696. (dr) (Entered: 05/18/2011)
05/17/2011 3 MOTION and Declaration for Preliminary Injunction, MOTION for Hearing by MONTGOMERY BLAIR SIBLEY (dr) (Entered: 05/18/2011)
05/17/2011 4 MOTION for CM/ECF Password by MONTGOMERY BLAIR SIBLEY (dr) (Entered: 05/18/2011)
05/27/2011 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/18/2011. (dr) (Entered: 05/31/2011)
05/27/2011 6 MOTION for Random Reassignment by MONTGOMERY BLAIR SIBLEY (dr) (Entered: 05/31/2011)
05/27/2011 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney for DC. Date of Service Upon United States Attorney on 5/23/2011. Answer due for ALL FEDERAL DEFENDANTS by 7/22/2011. (dr) (See Docket Entry 5 to view document) (Entered: 06/03/2011)
06/02/2011 8 MOTION to Correct Docket Entry by Clerk re 5 Summons Returned Executed as to U.S. Attorney General by MONTGOMERY BLAIR SIBLEY (Attachments: # 1 Text of Proposed Order)(dr) (Entered: 06/03/2011)
06/03/2011 9 NOTICE of Appearance by Mitchell P. Zeff on behalf of ERIC H. HOLDER, JR, BARACK OBAMA (Zeff, Mitchell) (Entered: 06/03/2011)
06/06/2011 10 Consent MOTION for Extension of Time to File Opposition to Motion for Preliminary Injunction by ERIC H. HOLDER, JR, BARACK OBAMA (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 06/06/2011)
06/07/2011 11 NOTICE of Vacation by MONTGOMERY BLAIR SIBLEY (dr) (Entered: 06/08/2011)
06/10/2011   MINUTE ORDER: Upon consideration of 10 defendants' consent motion for extension of time to file their opposition to plaintiff's motion for preliminary injunction, and the entire record herein, it is hereby ORDERED that defendants' motion is GRANTED; and it is further ORDERED that defendants shall file their opposition by not later than June 15, 2011. SO ORDERED. Signed by Judge John D. Bates on 6/10/2011. (lcjdb2) (Entered: 06/10/2011)
06/13/2011 12 Emergency MOTION for Extension of Time to File Opposition to Motion for Preliminary Injunction by ERIC H. HOLDER, JR, BARACK OBAMA (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 06/13/2011)
06/13/2011   MINUTE ORDER: Upon consideration of 12 defendants' motion for extension of time to file opposition to motion for preliminary injunction, and the entire record herein, it is hereby ORDERED that defendants' motion is GRANTED; and it is FURTHER ORDERED that defendants shall file their opposition by not later than June 29, 2011; and it is FURTHER ORDERED that plaintiff's reply shall be filed by not later than July 13, 2011. SO ORDERED. Signed by Judge John D. Bates on 6/13/2011. (lcjdb2) (Entered: 06/13/2011)
06/14/2011   Set/Reset Deadlines: Response. due by 6/29/2011. Reply due by 7/13/2011. (tb, ) (Entered: 06/14/2011)
06/20/2011 13 Memorandum in opposition to re 12 Emergency MOTION for Extension of Time to File Opposition to Motion for Preliminary Injunction filed by MONTGOMERY BLAIR SIBLEY. (rdj) (Entered: 06/22/2011)
06/20/2011 14 MOTION to Disqualify Judge by MONTGOMERY BLAIR SIBLEY (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 06/22/2011)
06/29/2011 15 Memorandum in opposition to re 3 MOTION for Preliminary Injunction MOTION for Hearing filed by ERIC H. HOLDER, JR, BARACK OBAMA. (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 06/29/2011)
07/06/2011 16 REPLY to opposition to motion re 3 MOTION for Preliminary Injunction MOTION for Hearing filed by MONTGOMERY BLAIR SIBLEY. (dr) (Entered: 07/07/2011)
07/15/2011 17 NOTICE TO COURT by MONTGOMERY BLAIR SIBLEY re 3 MOTION for Preliminary Injunction MOTION for Hearing (dr) (Entered: 07/18/2011)
07/22/2011 18 MOTION to Dismiss Plaintiff's Complaint by ERIC H. HOLDER, JR, BARACK OBAMA (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 07/22/2011)
08/01/2011 19 Memorandum in opposition to re 18 MOTION to Dismiss Plaintiff's Complaint filed by MONTGOMERY BLAIR SIBLEY. (dr) (Entered: 08/03/2011)
08/01/2011 20 SUPPLEMENTAL DECLARATION to re 3 MOTION for Preliminary Injunction filed by MONTGOMERY BLAIR SIBLEY. (dr) (Entered: 08/03/2011)
08/08/2011 21 REPLY Memorandum in Support of Defendants' Motion to Dismiss filed by ERIC H. HOLDER, JR, BARACK OBAMA. (Zeff, Mitchell) (Entered: 08/08/2011)
08/08/2011 22 SECOND SUPPLEMENTAL DECLARATION to re 3 MOTION for Preliminary Injunction MOTION for Hearing filed by MONTGOMERY BLAIR SIBLEY. (dr) (Entered: 08/09/2011)
08/16/2011 23 Third SUPPLEMENTAL MEMORANDUM to re 3 MOTION for Preliminary Injunction MOTION for Hearing filed by MONTGOMERY BLAIR SIBLEY. (rdj) (Entered: 08/17/2011)
08/16/2011 24 Second MOTION for Preliminary Injunction, MOTION for Hearing by MONTGOMERY BLAIR SIBLEY (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 08/17/2011)
08/22/2011 26 NOTICE of Obtaining Written Consent from Defendants to File first Amended Complaint for Declaratory and Injunctive Relief by MONTGOMERY BLAIR SIBLEY (dr) (Entered: 08/24/2011)
08/23/2011 25 Memorandum in opposition to re 24 MOTION for Preliminary Injunction MOTION for Hearing filed by ERIC H. HOLDER, JR, BARACK OBAMA. (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 08/23/2011)
09/01/2011   Minute Entry: Plaintiff has now provided notice to the Court that defendants consent to plaintiff's filing of a first amended complaint. Pursuant to Fed. R. Civ. P. 15(a)(2), applicable here, a party may amend its pleading only with the opposing party's written consent or the court's leave. Plaintiff has not moved for the Court's leave, which is not required now that plaintiff has provided notice of the opposing party's written consent. Hence, the Clerk of Court shall docket plaintiff's first amended complaint. (lcjdb2) (Entered: 09/01/2011)
09/01/2011 27 AMENDED COMPLAINT against DISTRICT OF COLUMBIA, VINCENT GRAY, ERIC H. HOLDER, JR, BARACK OBAMA filed by MONTGOMERY BLAIR SIBLEY.(dr) (Entered: 09/01/2011)
09/01/2011   SUMMONS (2) Issued as to DISTRICT OF COLUMBIA, and VINCENT GRAY (the District of Columbia Mayor). (dr) (Entered: 09/01/2011)
09/02/2011 28 NOTICE of Appearance by Melissa Lael Baker on behalf of DISTRICT OF COLUMBIA, VINCENT GRAY (Baker, Melissa) (Entered: 09/02/2011)
09/02/2011 29 Memorandum in opposition to re 24 MOTION for Preliminary Injunction MOTION for Hearing filed by DISTRICT OF COLUMBIA, VINCENT GRAY. (Baker, Melissa) (Entered: 09/02/2011)
09/02/2011 30 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA served on 9/2/2011; RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on VINCENT GRAY, Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 9/2/2011. (rdj) (Entered: 09/06/2011)
09/02/2011 31 MOTION for Temporary Restraining Order, MOTION for Hearing by MONTGOMERY BLAIR SIBLEY (rdj) (Entered: 09/06/2011)
09/06/2011 32 NOTICE of Appearance by Jacques P. Lerner on behalf of DISTRICT OF COLUMBIA, VINCENT GRAY (Lerner, Jacques) (Entered: 09/06/2011)
09/06/2011 MINUTE ORDER: On the Court's own motion, and upon consideration of the entire record herein, it is hereby ORDERED that defendants Mayor Gray and the District of Columbia Department of Health shall file their response to 31 plaintiff's motion for temporary restraining order by not later than the close of business on September 8, 2011. Signed by Judge John D. Bates on 9/6/2011. (lcjdb2) (Entered: 09/06/2011)
09/07/2011 Set/Reset Deadlines: Defendants Mayor Gray and the District of Columbia Department of Health's response due by 9/8/2011. (tb, ) (Entered: 09/07/2011)
09/08/2011 33 Memorandum in opposition to re 31 MOTION for Temporary Restraining Order MOTION for Hearing filed by DISTRICT OF COLUMBIA, VINCENT GRAY. (Lerner, Jacques) (Entered: 09/08/2011)
09/15/2011 34 MOTION to Dismiss Plaintiff's Amended Complaint by ERIC H. HOLDER, JR, BARACK OBAMA (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 09/15/2011)
09/16/2011 35 MEMORANDUM OPINION & ORDER denying 31 plaintiff's motion for a temporary restraining order. See Memorandum Opinion & Order for details. Signed by Judge John D. Bates on 9/16/11. (lcjdb1) (Entered: 09/16/2011)
09/16/2011 36 REPLY to opposition to motion re 31 MOTION for Temporary Restraining Order MOTION for Hearing filed by MONTGOMERY BLAIR SIBLEY. (dr) (Entered: 09/19/2011)
09/22/2011 37 MOTION to Dismiss by DISTRICT OF COLUMBIA, VINCENT GRAY (Baker, Melissa) (Entered: 09/22/2011)
09/22/2011 38 ENTERED IN ERROR..... MOTION to Dismiss , Corrected Filing, by DISTRICT OF COLUMBIA, VINCENT GRAY (Baker, Melissa) Modified on 9/23/2011 (dr). (Entered: 09/22/2011)
09/22/2011 40 MOTION to Amend/Correct Docket Entry by Clerk, re 36 Reply to opposition to Motion by MONTGOMERY BLAIR SIBLEY (dr) (Entered: 09/26/2011)
09/23/2011   NOTICE OF CORRECTED DOCKET ENTRY: re 38 MOTION to Dismiss , Corrected Filing, was entered in error and counsel has been instructed to refile the Corrected Motion to Dismiss as an Errata (dr) (Entered: 09/23/2011)
09/23/2011 39 ERRATA adding one signature by DISTRICT OF COLUMBIA, VINCENT GRAY 37 MOTION to Dismiss filed by DISTRICT OF COLUMBIA, VINCENT GRAY. (Attachments: # 1 Errata)(Baker, Melissa) (Entered: 09/23/2011)
09/26/2011 41 SUPPLEMENTAL MEMORANDUM to Opposition to Plaintiff's Second Motion for a Preliminary Injunction filed by DISTRICT OF COLUMBIA, VINCENT GRAY. (Attachments: # 1 Exhibit)(Baker, Melissa) (Entered: 09/26/2011)
10/03/2011 42 Memorandum in opposition to re 34 MOTION to Dismiss Plaintiff's Amended Complaint filed by MONTGOMERY BLAIR SIBLEY. (dr) (Entered: 10/04/2011)
10/04/2011 43 Memorandum in opposition to re 37 MOTION to Dismiss filed by MONTGOMERY BLAIR SIBLEY. (dr) (Entered: 10/04/2011)
10/05/2011 44 REPLY to opposition to motion re 37 MOTION to Dismiss Count VII of Plaintiff's Amended Complaint filed by DISTRICT OF COLUMBIA, VINCENT GRAY. (Baker, Melissa) (Entered: 10/05/2011)
10/06/2011 45 NOTICE of Corrected Certificate of Service by DISTRICT OF COLUMBIA, VINCENT GRAY re 44 Reply to opposition to Motion (Baker, Melissa) (Entered: 10/06/2011)
10/21/2011 46 ORDER granting 34 motion to dismiss by defendants Obama and Holder; denying 3 plaintiff's first motion for preliminary injunction; granting 40 plaintiff's motion for an order directing the Clerk to correct Docket Entry 36; denying 4 plaintiff's motion for an order directing the Clerk to provide a password for the Court's CM/ECF system; denying 6 plaintiff's motion for random reassignment of this matter to another judge; denying 8 plaintiff's motion for an order directing the Clerk to correct Docket Entry 5; denying 14 plaintiff's motion to disqualify the Honorable John D. Bates from further involvement in this matter; and denying 24 plaintiff's second motion for a preliminary injunction. Signed by Judge John D. Bates on 10/21/2011. (lcjdb2) (Entered: 10/21/2011)
10/21/2011 47 MEMORANDUM OPINION. Signed by Judge John D. Bates on 10/21/2011. (lcjdb2) (Entered: 10/21/2011)
10/31/2011 48 MOTION for Reconsideration and/or Clarification re 47 Memorandum & Opinion by MONTGOMERY BLAIR SIBLEY (dr) (Entered: 11/01/2011)
11/3/2011 49 Second MOTION for Reconsideration re 47 Memorandum & Opinion by MONTGOMERY BLAIR SIBLEY (jf, ) (Entered: 11/04/2011)
11/14/2011 50 Memorandum in opposition to re 48 MOTION for Reconsideration re 47 Memorandum & Opinion filed by ERIC H. HOLDER, JR, BARACK HUSSEIN OBAMA, II. (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 11/14/2011)
11/16/2011 51 Memorandum in opposition to re 48 MOTION for Reconsideration re 47 Memorandum & Opinion filed by ERIC H. HOLDER, JR, BARACK HUSSEIN OBAMA, II. (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 11/14/2011)
01/18/2012 52 NOTICE to the Court by ERIC H. HOLDER, JR, BARACK HUSSEIN OBAMA, II (Zeff, Mitchell) (Entered: 01/18/2012)
02/02/2012 53 ORDER granting 37 motion to dismiss, denying 48 motion for reconsideration, and denying 49 second motion for reconsideration. Signed by Judge John D. Bates on 2/2/2012. (lcjdb2) (Entered: 02/02/2012)