This case was last updated from PACER on 04/16/2018 at 16:01:37 (UTC).

Braun v. U.S. Department of the Interior et al

Case Summary

On 03/07/2018 Braun filed an Other - Administrative Procedure Act lawsuit against U S Department of the Interior. This case was filed in U.S. District Courts, New Mexico District. The Judges overseeing this case are Karen B. Molzen and Kirtan Khalsa. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-00221

  • Filing Date:

    03/07/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Administrative Procedure Act

  • Court:

    U.S. District Courts

  • Courthouse:

    New Mexico District

Judge Details

Referral Judge

Karen B. Molzen

Presiding Judge

Kirtan Khalsa

 

Party Details

Plaintiff

Jason Brian Braun

Gainesville, VA 20155

Defendants

U.S. Department of the Interior

Sally Jewell

Equal Employment Opportunity Commission Office of Federal Operations

Ryan Zinke

Attorney/Law Firm Details

Defendant Attorney

Marsha Wellknown Yee

Attorney at U.S. ATTORNEY'S OFFICE

555 Fourth Street, Nw

Washington, DC 20530

 

Court Documents

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OFFICE OF FEDERAL OPERATIONS, SALLY JEWELL, U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 400, receipt number 4616082089) filed by JASON BRIAN BRAUN. (Attachments: #1 Civil Cover Sheet)(td) [Transferred from District of Columbia on 3/7/2018.] (Entered: 12/19/2016)

#2

(#2) MOTION for the Transfer of EEOC Office of Federal Operations Docket No. 0520160476 & case no.'s 540-2012-00055X & 541-2012-00055X by JASON BRIAN BRAUN (td) [Transferred from District of Columbia on 3/7/2018.] (Entered: 12/19/2016)

#3

(#3) NOTICE of Case History from EEOC Office of Federal Operations Case No. 540-2012-00055X & 541-2012-00055X by JASON BRIAN BRAUN (td) [Transferred from District of Columbia on 3/7/2018.] (Entered: 12/19/2016)

#4

(#4) SUBPOENA issued (jf) (jf). [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/06/2017)

#5

(#5) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OFFICE OF FEDERAL OPERATIONS served on 12/16/2016; SALLY JEWELL served on 12/19/2016; U.S. DEPARTMENT OF THE INTERIOR served on 12/19/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/19/2016. (jf) [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/12/2017)

#6

(#6) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/19/2016. Answer due for ALL FEDERAL DEFENDANTS by 2/17/2017. (jf) [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/12/2017)

#7

(#7) AFFIDAVIT by JASON BRIAN BRAUN. (td) [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/17/2017)

#8

(#8) AFFIDAVIT. (td) (Additional attachment(s) added on 1/17/2017: #1 Supplement) (td). [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/17/2017)

#48

(#48) NOTICE of Attorney Substitution: Christopher F. Jeu substituted for Marsha W. Yee (Jeu, Christopher) (Entered: 03/07/2018)

46 #1

*Restricted*

#46

(#46) Case transferred in from the District of Columbia; Case Number 1:16-cv-02457. Original file, certified copy of transfer order, and docket sheet received via CM/ECF Transmission. (iam) (Entered: 03/07/2018)

#45

(#45) MOTION for Hearing in person status conference by JASON BRIAN BRAUN (jf) Modified event title on 2/20/2018 (znmw). [Transferred from District of Columbia on 3/7/2018.] (Entered: 02/16/2018)

#43

(#43) MEMORANDUM OPINION AND ORDER granting #17 Motion to Dismiss or Transfer Case. Plaintiff's claims against EEOC are dismissed with prejudice. The case, including all remaining claims against DOI and the Secretary of the Interior, shall be transferred to the U.S. District Court for the District of New Mexico. Secretary of the Interior Ryan Zinke shall be substituted for Defendant Sally Jewell pursuant to FRCP 25(d). See Opinion and Order for details. The Clerk's Office shall send a copy of the Opinion and Order to Plaintiff at his address of record by first-class mail. Signed by Judge Timothy J. Kelly on 2/13/2018. (lctjk2) [Transferred from District of Columbia on 3/7/2018.] (Entered: 02/13/2018)

#44

(#44) MOTION for Reconsideration re #43 Order on Motion to Dismiss, Order on Motion to Transfer Case by JASON BRIAN BRAUN (jf) [Transferred from District of Columbia on 3/7/2018.] (Entered: 02/16/2018)

17 #2

Text of Proposed Order

17 #1

Declaration (Courtney Carruthers)

17 #3

Certificate of Service

59 More Documents Available

 

Docket Entries

  • 03/07/2018
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  • (#48) NOTICE of Attorney Substitution: Christopher F. Jeu substituted for Marsha W. Yee (Jeu, Christopher) (Entered: 03/07/2018)

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  • 03/07/2018
  • (#47) PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam) (Entered: 03/07/2018)

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  • 03/07/2018
  • U.S. Magistrate Judge Kirtan Khalsa and U.S. Magistrate Judge Karen B. Molzen assigned. (iam) (Entered: 03/07/2018)

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  • 03/07/2018
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  • (#46) Case transferred in from the District of Columbia; Case Number 1:16-cv-02457. Original file, certified copy of transfer order, and docket sheet received via CM/ECF Transmission. (iam) (Entered: 03/07/2018)

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  • 03/07/2018
  • Case transferred to the U.S. District Court for the District of New Mexico, pursuant to Court Order entered 02/13/2018. Sent to Court by extraction. (jf) [Transferred from District of Columbia on 3/7/2018.] (Entered: 03/07/2018)

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  • 02/27/2018
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  • MINUTE ORDER denying Plaintiff's #44 Motion for Reconsideration and #45 Motion for Hearing. Plaintiff has requested reconsideration of the Court's #43 Memorandum Opinion and Order dismissing his claims against EEOC and transferring the case to the District of New Mexico, and a hearing on the motion. At the hearing, Plaintiff intends to introduce new evidence of hardship if he must litigate his case in New Mexico, even though he had ample opportunity to file such evidence in opposition to the motion to transfer. Plaintiff also wishes to address certain unspecified "merit based issues that have gone unchecked." Plaintiff does not suggest how those issues warrant reconsideration or why he cannot present them in a brief, as opposed to at a hearing. The Court concludes that Plaintiff's motion, on its face, fails to meet the standard for reconsideration, which is warranted only "as justice requires" and not by "arguments previously raised and rejected by the court" or "arguments that should have been raised previously with the court." Said v. Nat'l R.R. Passenger Corp., 191 F. Supp. 3d 55, 56-57 (D.D.C. 2016). The Court also finds in its discretion that a hearing is not warranted. See LCvR 7(f). Accordingly, it is hereby ORDERED that Plaintiff's motions are DENIED WITHOUT PREJUDICE. The Court notes that this case was terminated on this Court's docket on February 13, 2018. The Clerk's Office shall send a copy of this Minute Order to Plaintiff at his address of record by first-class mail. Signed by Judge Timothy J. Kelly on 2/27/2018. (lctjk2) [Transferred from District of Columbia on 3/7/2018.] (Entered: 02/27/2018)

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  • 02/15/2018
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  • (#45) MOTION for Hearing in person status conference by JASON BRIAN BRAUN (jf) Modified event title on 2/20/2018 (znmw). [Transferred from District of Columbia on 3/7/2018.] (Entered: 02/16/2018)

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  • 02/15/2018
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  • (#44) MOTION for Reconsideration re #43 Order on Motion to Dismiss, Order on Motion to Transfer Case by JASON BRIAN BRAUN (jf) [Transferred from District of Columbia on 3/7/2018.] (Entered: 02/16/2018)

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  • 02/13/2018
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  • (#43) MEMORANDUM OPINION AND ORDER granting #17 Motion to Dismiss or Transfer Case. Plaintiff's claims against EEOC are dismissed with prejudice. The case, including all remaining claims against DOI and the Secretary of the Interior, shall be transferred to the U.S. District Court for the District of New Mexico. Secretary of the Interior Ryan Zinke shall be substituted for Defendant Sally Jewell pursuant to FRCP 25(d). See Opinion and Order for details. The Clerk's Office shall send a copy of the Opinion and Order to Plaintiff at his address of record by first-class mail. Signed by Judge Timothy J. Kelly on 2/13/2018. (lctjk2) [Transferred from District of Columbia on 3/7/2018.] (Entered: 02/13/2018)

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  • 01/22/2018
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  • (#42) Rebuttal RESPONSE re #37 Supplemental Memorandum, filed by JASON BRIAN BRAUN. (jf) [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/24/2018)

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39 More Docket Entries
  • 02/03/2017
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  • (#9) NOTICE of Appearance by Marsha Wellknown Yee on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OFFICE OF FEDERAL OPERATIONS, SALLY JEWELL, U.S. DEPARTMENT OF THE INTERIOR (Yee, Marsha) [Transferred from District of Columbia on 3/7/2018.] (Entered: 02/03/2017)

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  • 01/13/2017
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  • (#8) AFFIDAVIT. (td) (Additional attachment(s) added on 1/17/2017: #1 Supplement) (td). [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/17/2017)

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  • 01/13/2017
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  • (#7) AFFIDAVIT by JASON BRIAN BRAUN. (td) [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/17/2017)

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  • 01/11/2017
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  • (#6) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/19/2016. Answer due for ALL FEDERAL DEFENDANTS by 2/17/2017. (jf) [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/12/2017)

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  • 01/11/2017
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  • (#5) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OFFICE OF FEDERAL OPERATIONS served on 12/16/2016; SALLY JEWELL served on 12/19/2016; U.S. DEPARTMENT OF THE INTERIOR served on 12/19/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/19/2016. (jf) [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/12/2017)

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  • 01/06/2017
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  • (#4) SUBPOENA issued (jf) (jf). [Transferred from District of Columbia on 3/7/2018.] (Entered: 01/06/2017)

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  • 12/16/2016
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  • (#3) NOTICE of Case History from EEOC Office of Federal Operations Case No. 540-2012-00055X & 541-2012-00055X by JASON BRIAN BRAUN (td) [Transferred from District of Columbia on 3/7/2018.] (Entered: 12/19/2016)

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  • 12/16/2016
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  • (#2) MOTION for the Transfer of EEOC Office of Federal Operations Docket No. 0520160476 & case no.'s 540-2012-00055X & 541-2012-00055X by JASON BRIAN BRAUN (td) [Transferred from District of Columbia on 3/7/2018.] (Entered: 12/19/2016)

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  • 12/16/2016
  • SUMMONS (6) Issued as to EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OFFICE OF FEDERAL OPERATIONS (3), SALLY JEWELL, U.S. DEPARTMENT OF THE INTERIOR (1), U.S. Attorney (1) and U.S. Attorney General (1) (td) [Transferred from District of Columbia on 3/7/2018.] (Entered: 12/19/2016)

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  • 12/16/2016
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  • (#1) COMPLAINT against EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OFFICE OF FEDERAL OPERATIONS, SALLY JEWELL, U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 400, receipt number 4616082089) filed by JASON BRIAN BRAUN. (Attachments: #1 Civil Cover Sheet)(td) [Transferred from District of Columbia on 3/7/2018.] (Entered: 12/19/2016)

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