Delaware District Court
Judge:Colm F Connolly
Case #: 1:22-cv-00903
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause28:1331 Fed. Question
Case Filed:Jul 06, 2022
Re-opened:Feb 13, 2024
Terminated:May 28, 2024
Case in other court:DE Superior Court, S21M-10-00003
Last checked: Monday Jan 02, 2023 4:49 AM EST
Defendant
John Carney
Represented By
Nicholas D Picollelli, Jr
Delaware Department Of Justice
contact info
Plaintiff
Jessica J. Facer
25349 Mallard Dr.
Seaford, DE 19973

GPO Jul 10 2023
MEMORANDUM ORDER, IT IS HEREBY ORDERED that this case is DISMISSED withoutprejudice pursuant to Fed. R. Civ. P. 4(m) (See Order for further detail) (copy to pltf.) (CASE CLOSED). Signed by Judge Colm F. Connolly on 07/10/2023. (vfm)
GPO May 28 2024
MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 5/28/2024. (nmf)

Docket last updated: 07/01/2024 11:59 PM EDT
Tuesday, June 25, 2024
30 30 appeal - - Notice of Docketing ROA - 3rd Circuit Tue 06/25 10:36 AM
NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re28 Notice of Appeal to the Third Circuit filed by Jessica J. Facer. USCA Case Number 24-2146 USCA Case Manager: Kirsi (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (kr)
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Tuesday, June 11, 2024
29 29 motion Reopen Case Fri 06/21 9:24 AM
MOTION to Reopen Case - filed by Jessica J. Facer. (apk)
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28 28 appeal - NOTICE OF APPEAL - Third Circuit Fri 06/21 9:23 AM
NOTICE OF APPEAL to the Third Circuit of D.I.27 Order on Motion to Dismiss/Lack of Subject Jurisdiction, Order on Motion for Miscellaneous Relief,26 Memorandum Opinion. Appeal filed by Jessica J. Facer. (No Fee Paid) (apk)
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Tuesday, May 28, 2024
27 27 1 pgs order Order on Motion to Dismiss/Lack of Subject Jurisdiction Order on Motion for Miscellaneous Relief Tue 05/28 10:09 AM
ORDER denying25 Motion for leave to file a supplemental brief; granting21 Motion to Dismiss for Lack of Subject Jurisdiction (CASE CLOSED) Signed by Judge Colm F. Connolly on 5/28/2024. (nmf)
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26 26 5 pgs order Opinion - Memorandum Opinion Tue 05/28 10:05 AM
MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 5/28/2024. (nmf)
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Wednesday, May 22, 2024
25 25 motion Miscellaneous Relief Wed 05/22 3:58 PM
Letter MOTION requesting permission to file a supplemental brief to D.I.21 MOTION to Dismiss - filed by Jessica J. Facer.(jfm)
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Att: 1 Envelope
Friday, March 01, 2024
24 24 service Certificate of Service Mon 03/04 8:29 AM
CERTIFICATE OF SERVICE of D.I.22 Response to D.I.21 Motion to Dismiss -filed by Jessica J. Facer. (mpb)
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23 23 misc Letter Fri 03/01 8:55 AM
Letter to The Honorable Colm F. Connolly from Nicholas D. Picollelli, Jr. regarding Pending Motion to Dismiss - re21 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter . (Picollelli, Nicholas)
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Wednesday, February 28, 2024
22 22 respm Brief - Answering Brief in Opposition Wed 02/28 10:15 AM
Response to D.I.21 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by Jessica J. Facer. Reply Brief due date per Local Rules is 3/6/2024. (vfm)
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Att: 1 Exhibit A - I
Wednesday, February 14, 2024
21 21 motion Dismiss/Lack of Subject Jurisdiction Wed 02/14 1:50 PM
MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by John Carney.(Picollelli, Nicholas)
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Att: 1 Exhibit A-B,
Att: 2 Text of Proposed Order,
Att: 3 Certificate of Compliance,
Att: 4 Certificate of Service
Tuesday, February 13, 2024
20 20 1 pgs order Order on Motion to Reopen Case Tue 02/13 11:39 AM
ORDER granting19 Motion to Reopen Case. Signed by Judge Colm F. Connolly on 2/13/2024. (nmf)
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Monday, January 29, 2024
19 19 motion Reopen Case Tue 01/30 11:28 AM
MOTION to Reopen Case - filed by Jessica J. Facer.(jfm)
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Att: 1 Exhibit - Copy of D.I.
Att: 17 ,
Att: 2 Exhibit - Entry of Appearance,
Att: 3 Exhibit - Motion for Relief,
Att: 4 Exhibit - Proof of Service,
Att: 5 Envelope
18 18 service Summons Returned Executed re non-party Tue 01/30 11:20 AM
SUMMONS Returned Executed on 01/24/2004 as to Delaware Department of Justice.(jfm)
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Att: 1 Envelope
Wednesday, December 06, 2023
17 17 appeal USCA Order Terminating Appeal Wed 12/06 3:48 PM
USCA Order Terminating Appeal as to15 Notice of Appeal to the Third Circuit filed by Jessica J. Facer. USCA Decision: Appeal dismissed for lack of jurisdiction. (cg1)
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Friday, September 08, 2023
16 16 appeal - - Notice of Docketing ROA - 3rd Circuit Fri 09/08 3:12 PM
NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re15 Notice of Appeal to the Third Circuit filed by Jessica J. Facer. USCA Case Number 23-2647 USCA Case Manager: Laurie (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (lr )
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Thursday, September 07, 2023
15 15 appeal - NOTICE OF APPEAL - Third Circuit Fri 09/08 11:40 AM
NOTICE OF APPEAL to the Third Circuit of D.I.14 Memorandum and Order Dismissing Case. Appeal filed by Jessica J. Facer. Filing fee $505, receipt number 1442. (mkr)
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Att: 1 Exhibit 1 - Memorandum
utility Remark Fri 09/08 11:42 AM
Remark: Transcript Purchase Order Form was provided to plaintiff at intake. (mkr)
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Monday, July 10, 2023
14 14 3 pgs order Order - Memorandum and Order Order Dismissing Case Mon 07/10 9:17 AM
MEMORANDUM ORDER, IT IS HEREBY ORDERED that this case is DISMISSED withoutprejudice pursuant to Fed. R. Civ. P. 4(m) (See Order for further detail) (copy to pltf.) (CASE CLOSED). Signed by Judge Colm F. Connolly on 07/10/2023. (vfm)
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Friday, January 27, 2023
13 13 respm Response to Order Fri 01/27 1:25 PM
RESPONSE to Order re12 , Set Deadlines, filed by Jessica J. Facer. (vfm)
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Att: 1 Exhibit A-B
Thursday, January 05, 2023
12 12 1 pgs order Order ~Util - Set Deadlines Thu 01/05 8:55 AM
ORDER, On or before February 3, 2023, Plaintiff shall show cause why the case should not be dismissed for failure to effect proper service of process upon Defendant within 90 days of filing the complaint, pursuant to Fed R. Civ. P. 4(m) (Notice of Compliance deadline set for 2/3/2023.) Signed by Judge Colm F. Connolly on 1/5/2023. (apk)
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Thursday, December 29, 2022
11 11 1 pgs order Order on Motion for Entry of Default Thu 12/29 9:12 AM
ORDER, Plaintiff's application is DENIED (D.I.5 ). Signed by Judge Colm F. Connolly on 12/29/2022. (apk)
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Friday, December 02, 2022
10 10 respm Reply to Response to Motion Mon 12/05 2:18 PM
ANSWERING BRIEF to Defendant's Opposition re -5 Application for Entry of Default filed by Jessica J. Facer.(srs)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Postal Receipts,
Att: 4 Certificate of Service
Monday, November 07, 2022
9 9 service Proof of Mailing Mon 11/07 4:53 PM
Postal Receipt(s) for the mailing of process to Jessica J. Facer of D.I.5 and D.I.6 (mpb)
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8 8 notice Notice of Appearance Mon 11/07 11:04 AM
NOTICE of Appearance by Nicholas D Picollelli, Jr on behalf of John Carney (Picollelli, Nicholas)
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Friday, November 04, 2022
7 7 respm Response to Motion Fri 11/04 3:57 PM
RESPONSE to Motion re5 REQUEST for Default as to John Carney Defendant's Opposition to Plaintiff's Motion for Default Judgment filed by John Carney.(Picollelli, Nicholas)
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Att: 1 Certificate of Compliance
Wednesday, November 02, 2022
6 6 misc Declaration Thu 11/03 11:18 AM
DECLARATION of Facts and Law in Support of D.I.5 Application for Entry of Default Against Defendant, John Carney, Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure - filed by Jessica J. Facer.(smg)
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Att: 1 Exhibit 1
5 5 motion Default (Request for Clerk's Entry of Default) Thu 11/03 11:15 AM
Application for Entry of Default Against Defendant, John Carney, Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure - filed by Jessica J. Facer.(smg)
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Att: 1 Proposed Default Judgment
Friday, August 05, 2022
4 4 service Return of Service Executed Mon 08/08 2:59 PM
Return of Service Executed by Jessica J. Facer. John Carney served on 7/7/2022.(apk)
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Att: 1 Cover Letter
Tuesday, July 19, 2022
3 3 notice Notice of Filing Multi Media Materials Wed 07/20 9:35 AM
NOTICE of filing the following Non-Paper material(s) in multi media format: Affidavits in Support of Writ, Writ DE 1062021, DOJ's Motion to Dismiss Order, MTD response, Transcript, Appeal Brief, Motion to Affirm, Order, Appeal En Banc, Mandate, Order, Civil Cover Sheet, District Court Complaint, District Court Case, List of Facts & Claims, Exhibits A-K, Exhibits L2-U2, and Exhibits L-L2. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Jessica J. Facer (apk)
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Wednesday, July 13, 2022
utility Case Assigned/Reassigned Wed 07/13 11:59 AM
Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
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Wednesday, July 06, 2022
3 3 service Summons Issued Wed 07/06 2:09 PM
Summons Issued as to John Carney on 7/6/2022. (mpb)
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2 2 misc Magistrate Consent Forms Wed 07/06 2:08 PM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb)
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1 1 notice Notice of Removal Wed 07/06 2:08 PM
NOTICE OF REMOVAL and copies of documents from DE Superior Court, Case Number S21M-10-003 (Filing fee $402, receipt number DEX037703)- filed by Jessica J. Facer.(mpb)
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Att: 1 Additional Complaint Information,
Att: 2 Statement of Facts & Claims,
Att: 3 Acknowledgement of Rule 4,
Att: 4 Acknowledgement of Consent Form,
Att: 5 Civil Cover Sheet