Mittereder v. Mullin

Court
E.D. Va.
Docket number
1:25-cv-01991
Filed
Last filing
Assigned judge
Michael S. Nachmanoff
Referred judge
Ivan D. Davis
Nature of suit
442 Civil Rights: Jobs
Cause
42:2000e Job Discrimination (Employment)
Jurisdiction
U.S. Government Defendant
Jury demand
Plaintiff
Case
Mittereder v. Mullin
Source
Docket on CourtListener(opens another site)

The 3 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

Docket entries
No.DateDescriptionDocument
1COMPLAINT (Filing Fee $405, receipt number AVAEDC-10575573), filed by Danielle Mittereder. (Attachments: # 1 Civil Cover Sheet)(Brown, Carla) (Entered: 11/07/2025)Open(opens another site)
2Proposed Summons in re 1 COMPLAINT [Attorney General] by Danielle Mittereder. (Brown, Carla) Modified text on 11/7/2025 (triv). (Entered: 11/07/2025)Open(opens another site)
3Proposed Summons in re 1 COMPLAINT [Kristi Noem] by Danielle Mittereder. (Brown, Carla) Modified text on 11/7/2025 (triv). (Entered: 11/07/2025)Open(opens another site)
4Proposed Summons in re 1 COMPLAINT [US Attorney] by Danielle Mittereder. (Brown, Carla) Modified text on 11/7/2025 (triv). (Entered: 11/07/2025)Open(opens another site)
5MOTION to appear Pro Hac Vice by Jonathan C. Puth and Certification of Local Counsel Carla D. Brown. Filing Fee $75, receipt number AVAEDC-10575841 by Danielle Mittereder. (Brown, Carla) (Entered: 11/07/2025)Open(opens another site)
6Summons Issued as to Kristi Noem, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney) (triv) (Entered: 11/07/2025)Open(opens another site)
7ORDER granting 5 Motion for Pro hac vice Appointed Jonathan Craig Puth for Danielle Mittereder. Signed by District Judge Michael S Nachmanoff on 11/10/2025. (swil) (Entered: 11/10/2025)Open(opens another site)
8DEMAND for Trial by Jury by Danielle Mittereder. (Brown, Carla) (Entered: 11/13/2025)Open(opens another site)
9SUMMONS Returned Executed by Danielle Mittereder. Kristi Noem served on 11/14/2025, answer due 1/13/2026. (Brown, Carla) (Entered: 11/18/2025)Open(opens another site)
10SUMMONS Returned Executed by Danielle Mittereder. Kristi Noem served on 11/12/2025, answer due 1/13/2026. (Brown, Carla) (Entered: 11/19/2025)Open(opens another site)
11NOTICE by Danielle Mittereder re 9 Summons Returned Executed as to USA (Notice of Withdrawal of Dkt. Entry 9] (Brown, Carla) (Entered: 11/20/2025)Open(opens another site)
12SUMMONS Returned Executed by Danielle Mittereder. Kristi Noem served on 11/17/2025, answer due 1/16/2026. (Brown, Carla) (Entered: 12/02/2025)Open(opens another site)
13Motion to appear Pro Hac Vice by Kelsey S. Speyer and Certification of Local Counsel Carla D. Brown Filing fee $ 75, receipt number AVAEDC-10619228. by Danielle Mittereder. (Brown, Carla) (Entered: 12/02/2025)Open(opens another site)
14ORDER granting 13 Motion for Pro hac vice Appointed Kelsey Sarah Speyer for Danielle Mittereder. Signed by District Judge Michael S Nachmanoff on 12/3/2025. (swil) (Entered: 12/04/2025)Open(opens another site)
15NOTICE of Appearance by Matthew J. Mezger on behalf of Kristi Noem (Mezger, Matthew) (Entered: 01/05/2026)Open(opens another site)
16Certificate Reporting Service by Kristi Noem. All Defendants. (Mezger, Matthew) (Entered: 01/05/2026)Open(opens another site)
17Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Kristi Noem. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 01/05/2026)Open(opens another site)
18ORDER: This matter is before the Court on Defendants Consent Motion for an extension of Time to Respond to Plaintiffs Complaint (Motion) [Dkt. No. 17]. This matter can be resolved without oral argument, as such argument would not aid the decisional process. Upon consideration of the Motion and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file an answer or otherwise respond to Plaintiff's Complaint no later than January 26, 2026. Signed by Magistrate Judge Ivan D. Davis on 1/6/26. (yguy) (Entered: 01/06/2026)Open(opens another site)
19MOTION to Dismiss by Kristi Noem. (Mezger, Matthew) Modified text on 1/27/2026 (triv). (Entered: 01/26/2026)Open(opens another site)
20Memorandum of Law in Support in re 19 MOTION to Dismiss filed by Kristi Noem. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7)(Mezger, Matthew) Modified text on 1/27/2026 (triv). (Entered: 01/26/2026)Open(opens another site)
21Notice of Hearing Date in re 19 MOTION to Dismiss, 20 Memorandum of Law in Support, (Mezger, Matthew) (Entered: 01/26/2026)Open(opens another site)
22AMENDED COMPLAINT against Kristi Noem, filed by Danielle Mittereder.(Brown, Carla) (Entered: 02/09/2026)Open(opens another site)
23Opposition to 19 MOTION to Dismiss for Failure to State a Claim filed by Danielle Mittereder. (Attachments: # 1 Proposed Order)(Brown, Carla) (Entered: 02/09/2026)Open(opens another site)
24NOTICE by Kristi Noem re 19 MOTION to Dismiss for Failure to State a Claim (Baumhart, Peter) (Entered: 02/17/2026)Open(opens another site)
25So Ordered in re 24 NOTICE filed by Kristi Noem. Signed by District Judge Michael S Nachmanoff on 2/18/2026. (swil) (Entered: 02/18/2026)Open(opens another site)
26MOTION to Dismiss for Failure to State a Claim by Kristi Noem. (Mezger, Matthew) (Entered: 02/23/2026)Open(opens another site)
27Memorandum in Support re 26 MOTION to Dismiss for Failure to State a Claim filed by Kristi Noem. (Attachments: # 1 Exhibit Ex. 01, # 2 Exhibit Ex. 02, # 3 Exhibit Ex. 03, # 4 Exhibit Ex. 04, # 5 Exhibit Ex. 05, # 6 Exhibit Ex. 06, # 7 Exhibit Ex. 07)(Mezger, Matthew) (Entered: 02/23/2026)Open(opens another site)
28Notice of Hearing Date re 26 MOTION to Dismiss for Failure to State a Claim, 27 Memorandum in Support, (Mezger, Matthew) (Entered: 02/23/2026)Open(opens another site)
29Opposition to 26 MOTION to Dismiss for Failure to State a Claim filed by Danielle Mittereder. (Attachments: # 1 Proposed Order)(Brown, Carla) (Entered: 03/09/2026)Open(opens another site)
30REPLY to Response to Motion re 26 MOTION to Dismiss for Failure to State a Claim filed by Kristi Noem. (Mezger, Matthew) (Entered: 03/16/2026)Open(opens another site)
31Minute Entry for proceedings held before District Judge Michael S Nachmanoff: Motion Hearing held on 3/26/2026. Counsel Jonathan Puth and Carla Brown appeared on behalf of Plaintiff. Counsel Matthew Mezger and Peter Baumhart appeared on behalf of Defendant. MOTION to Dismiss for Failure to State a Claim re 26 argued and DENIED. Government permitted 14 days to file response as articulated in open court. Order to follow. (Court Reporter D. Salters.)(lcre, ) (Entered: 03/26/2026)Open(opens another site)
32ORDERED that the Motion re 26 is DENIED. ORDERED that Defendant will respond to the Amended Complaint within fourteen (14) days of the entry of this Order. Signed by District Judge Michael S Nachmanoff on 3/26/2026. (lcre, ) (Entered: 03/26/2026)Open(opens another site)
33TRANSCRIPT of proceedings held on 3-26-26, before Judge Michael S. Nachmanoff., Court Reporter/Transcriber Diane Salters, Telephone number [telephone number removed]. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2026. Redacted Transcript Deadline set for 6/3/2026. Release of Transcript Restriction set for 7/2/2026. (lcre, ) (Entered: 04/06/2026)Open(opens another site)
34ANSWER to Complaint by Kristi Noem.(Mezger, Matthew) (Entered: 04/09/2026)Open(opens another site)
35SCHEDULING ORDER: Initial Pretrial Conference set for 5/6/2026 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 8/20/2026 at 02:00 PM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Discovery due by 8/14/2026. Signed by District Judge Michael S Nachmanoff on 4/10/2026. (Attachments: # 1 Magistrate Judge Consent Form, # 2 Pretrial Notice)(lcre, ) (Entered: 04/10/2026)Open(opens another site)
36Joint Proposed Discovery Plan by Danielle Mittereder.(Brown, Carla) (Entered: 04/29/2026)Open(opens another site)
37Amended Discovery Plan by Danielle Mittereder.(Brown, Carla) (Entered: 05/01/2026)Open(opens another site)
38Order Rule 16(b) Scheduling Order. Because the parties' Rule 26(f) Joint Proposed Discovery Plan 37 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for May 6, 2026, pursuant to Rule 16(b) and this Court's April 10, 2026, Order 35, is cancelled. Upon consideration of the representations made by the parties in their Rule 26(f) Joint Proposed Discovery Plan 37, the Court makes the following rulings: 1. All discovery shall be concluded by August 14, 2026. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 5/4/2026. (lgue, ) (Entered: 05/04/2026)Open(opens another site)
39Joint MOTION for Protective Order (Joint Motion for Entry of Stipulated Protective Order) by Danielle Mittereder. (Attachments: # 1 Proposed Order)(Brown, Carla) (Entered: 05/08/2026)Open(opens another site)
40PROTECTIVE ORDER: Re Handling and Labeling of Confidential Information. Signed by Magistrate Judge Ivan D. Davis on 5/11/2026. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 05/11/2026)Open(opens another site)
41Joint MOTION for Entry of Stipulated Protective Order for Materials Constituting Sensitive Security Information by Markwayne Mullin. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 05/18/2026)Open(opens another site)
42Joint MOTION for Protective Order by Markwayne Mullin. (Attachments: # 1 Proposed Order Amended Stipulated Protective Order for Materials Constituting Sensitive Security Information)(Mezger, Matthew) (Entered: 05/19/2026)Open(opens another site)
43PROTECTIVE ORDER. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 5/20/2026. (lgue, ) (Entered: 05/20/2026)Open(opens another site)
44ORDER - This matter is before the Court on the parties' Joint Motion for Protective Order (Motion) 41 . This matter can be resolved without oral argument, as such argument would not aid the decisional process. Upon consideration of the Motion and subsequent filings, it is hereby ORDERED that the Motion is DENIED as moot. Signed by Magistrate Judge Ivan D. Davis on 5/20/2026. (lgue, ) (Entered: 05/20/2026)Open(opens another site)
45NOTICE of Appearance by Adam Seth Nadelhaft on behalf of Danielle Mittereder (Nadelhaft, Adam) (Entered: 08/05/2026)Open(opens another site)
46Defendant's Witness List by Markwayne Mullin, U.S. Department of Homeland Security. (Mezger, Matthew) (Entered: 08/20/2026)Open(opens another site)
47Defendant's Exhibit List by Markwayne Mullin, U.S. Department of Homeland Security.. (Mezger, Matthew) (Entered: 08/20/2026)Open(opens another site)
48(Pretrial Disclosures) Exhibit List by Danielle Mittereder.. (Brown, Carla) (Entered: 08/20/2026)Open(opens another site)
49(Pretrial Disclosures) Witness List by Danielle Mittereder. (Brown, Carla) (Entered: 08/20/2026)Open(opens another site)
51Objection to 48 Exhibit List filed by Markwayne Mullin, U.S. Department of Homeland Security. (Mezger, Matthew) (Entered: 08/31/2026)Open(opens another site)