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JURY,PRO SE

U.S. District Court

Eastern District of Virginia - (Alexandria)

CIVIL DOCKET FOR CASE #: 1:21-cv-00141-PWG

Cherdak v. O'Grady Date Filed: 02/08/2021

Assigned to: District Judge Paul William Grimm Jury Demand: Plaintiff
Cause: 28:1332 Diversity-Personal Injury Nature of Suit: 365 Personal Inj. Prod.
Liability
Jurisdiction: Diversity
Plaintiff
Erik B. Cherdak represented by Erik B. Cherdak

149 Thurgood Street

Gaithersburg, MD 20878

202-330-1994

Email: ebcherdak@gmail.com

PRO SE

Defendant
Liam O'Grady represented by Jonathan Tyler Lucier
In his personal and Individual Capacity US Attorney Office (Richmond)
SunTrust Building
919 East Main Street
Suite 1900
Richmond, VA 23219
(804) 819-5506
Fax: (804) 771-2316
Email: jonathan.lucier@usdoj.gov

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant
Bernard S. Grimm

also known as
Bernard Seton Grimm
also known as
Bernard S. Grimm
also known as
Bernie Grimm

Defendant
Diane Wood represented by Jonathan Tyler Lucier
(See above for address)

 LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/08/2021 1  COMPLAINT against Liam O'Grady, filed by Erik B. Cherdak. (Attachments: # 1 Civil
Cover Sheet, # 2 Local Rule 83.1 Certification, # 3 Cover Letter)(aott) (Entered:
02/09/2021)
02/08/2021 2  Proposed Summons re 1 Complaint by Erik B. Cherdak. (aott, ) (Entered: 02/09/2021)
02/10/2021 3  Filing fee: $402.00, receipt number 14683088619 (dvanm, ) (Entered: 02/11/2021)
02/12/2021 4  Summons Issued as to Liam O'Grady. (Attachments: # 1 Notice)(summons mailed to
plaintiff for service)(dvanm, ) (Entered: 02/12/2021)
02/16/2021   Case Reassigned to District Judge Paul William Grimm. District Judge Rossie D. Alston, Jr
no longer assigned to the case. (Entered: 02/16/2021)
02/16/2021 5  Designation of District Judge for Service in Another District within the Circuit; directing that
the Honorable Paul W. Grimm, United States District Judge for the District of Maryland has
been assigned for such time as needed in advance to prepare and thereafter as required to
completed unfinished business in this matter. Signed by Chief Judge of the Fourth Circuit,
Roger L. Gregory on 2/16/2021. (aott, c/m 2/17/2021) (Entered: 02/16/2021)
02/16/2021 6  LETTER ORDER regarding the Filing of Motions. Signed by District Judge Paul William
Grimm on 2/16/2021. (aott, c/m 2/17/2021) (Entered: 02/16/2021)
02/24/2021 7  Letter to the court in response to 6 Letter Order. (dvanm, ) (Entered: 02/24/2021)
02/24/2021 8  MOTION for Pro Se E-Noticing by Erik B. Cherdak. (dvanm, ) (Entered: 02/24/2021)
02/26/2021 9  ORDER granting 8 Motion for Pro Se E-Noticing. Signed by District Judge Paul William
Grimm on 2/26/2021. (aott,c/m/em 2/26/2021) (Entered: 02/26/2021)
02/26/2021 10  Letter Order re 7 Letter to the court in response to 6 Letter Order regarding the Filing of
Motions. Signed by District Judge Paul William Grimm on 2/26/2021. (aott,c/m/em
2/26/2021) (Entered: 02/26/2021)
03/01/2021 11  SUMMONS Returned Executed. Liam O'Grady served on 3/1/2021, answer due 3/22/2021.
(dvanm, ) (Entered: 03/02/2021)
03/08/2021 12  Letter to the court pursuant to D.E. 6. (Attachments: # 1 Certificate of Filing and Service)
(dvanm, ) (Entered: 03/08/2021)
03/08/2021 14  Plaintiff's Notice re Electronic Filing Directed by the Court's Letter Order at D.E.10 by Erik
B. Cherdak (dvanm, ) (Entered: 03/09/2021)
03/09/2021 13  LETTER ORDER regarding agenda for telephone conference. Signed by District Judge
Paul William Grimm on 03/09/2021. (dvanm, c/s via email) (Entered: 03/09/2021)
03/16/2021 15  LETTER ORDER re: Defendant's Answer Due Date. Signed by District Judge Paul
William Grimm on 03/16/2021. (dvanm, ) (Entered: 03/17/2021)
03/19/2021 16  LETTER ORDER re: Payment of Filing Fee. Signed by District Judge Paul William Grimm
 on 03/19/2021. (dvanm, ) (Entered: 03/19/2021)
03/19/2021 17  Letter to the court. (dvanm, ) (Entered: 03/19/2021)
03/19/2021 18  Plaintiffs Pre-Motion Letter Regarding a Rule 65 Preliminary Injunction. (dvanm, ) (Entered:
03/19/2021)
03/22/2021 19  LETTER ORDER re Counsel Appearance and Preliminary Injunction. Signed by District
Judge Paul William Grimm on 3/22/2021. (aott, c/m/s 3/22/2021) (Entered: 03/22/2021)
03/25/2021 20  URGENT (LETTER) REQUEST FOR TRO ON THE FACTS AS KNOW BY THE
COURT by Erik B. Cherdak. (dvanm, ) (Entered: 03/25/2021)
03/26/2021 21  NOTICE of Appearance by Jonathan Tyler Lucier on behalf of Liam O'Grady (Lucier,
Jonathan) (Entered: 03/26/2021)
03/26/2021 22  LETTER ORDER - The Court will have a Zoom conference with the parties on Friday,
April 2, 2021 at 2:30 pm regarding Mr. Cherdaks TRO request and the schedule for this
case. A Zoom link will be emailed to the parties prior to the conference. Signed by District
Judge Paul William Grimm on 03/26/2021. (dvanm, ) (Entered: 03/26/2021)
03/31/2021 23  Opposition to 20 MOTION for Temporary Restraining Order filed by Liam O'Grady.
(Lucier, Jonathan) (Entered: 03/31/2021)
04/02/2021 24  Minute Entry for proceedings held before District Judge Paul William Grimm: Status
Conference held on 4/2/2021.
Court Reporter: L. Marshall
(tran) (Entered: 04/05/2021)
04/07/2021 25  Letter to the court. (Attachments: # 1 Exhibit)(dvanm, ) (Entered: 04/07/2021)
04/08/2021 26  ORDERED that Mr. Cherdaks request for preliminary and temporary injunctive relief, ECF
Nos. 18 and 20, construed as a motion for preliminary injunction, is DENIED. Signed by
District Judge Paul William Grimm on 04/08/2021. (dvanm, ) Modified to correct filed date
on 4/15/2021 (dvanm, ). (Entered: 04/12/2021)
04/19/2021 27  LETTER MOTION for leave to brief and file a motion to stay by Erik B. Cherdak. (dvanm,
) (Entered: 04/20/2021)
04/30/2021 28  MOTION to Dismiss for Failure to State a Claim by Liam O'Grady. (Lucier, Jonathan)
(Entered: 04/30/2021)
04/30/2021 29  Memorandum in Support re 28 MOTION to Dismiss for Failure to State a Claim filed by
Liam O'Grady. (Lucier, Jonathan) (Entered: 04/30/2021)
04/30/2021 30  Roseboro Notice as to Motion to Dismiss by Liam O'Grady (Lucier, Jonathan) (Entered:
04/30/2021)
04/30/2021 31  Notice of Hearing Date set for 07/16/2021 re 28 MOTION to Dismiss for Failure to State a
Claim (Lucier, Jonathan) (Entered: 04/30/2021)
05/03/2021   Set Deadlines as to 28 MOTION to Dismiss for Failure to State a Claim . Motion Hearing
set for 7/16/2021 at 10:00 AM before District Judge Paul William Grimm. (clar, ) (Entered:
05/03/2021)
05/04/2021 32  LETTER ORDER - Please be advised that the Court has scheduled a telephone conference
 call to discuss scheduling and briefing related to Judge OGrady's recently filed dismissal
motion, ECF No. 28, as well as Mr. Cherdak's pre-motion letter requesting a stay, ECF No.
27. The call will be held on the record on May 12, 2021 at 1:00 p.m. Parties are directed to
dial in on the designated date and time. Signed by District Judge Paul William Grimm on
05/04/2021. (dvanm, ) (Entered: 05/04/2021)
05/12/2021 33  Minute Entry for proceedings held before District Judge Paul William Grimm: Status
Conference held on 05/12/2021. Court to issue an Order memorializing ruling made on the
record. Court Reporter: FTR.)(jlan) (Entered: 05/13/2021)
05/12/2021 34  ORDER denying 27 Motion Stay and denying as moot 28 Motion to Dismiss for Failure to
State a Claim. Plaintiff may file an Amended Complaint by Friday, May 21, 2021. Signed
by District Judge Paul William Grimm on 05/12/2021. (see order for details) (dvanm, )
(Entered: 05/13/2021)
05/20/2021 35  LETTER ORDER granting plaintiff additional time to file his Amended Complaint on or
before May 28, 2021. Signed by District Judge Paul William Grimm on 05/20/2021.
(Attachments: # 1 Exhibit)(dvanm, ) (Entered: 05/20/2021)
06/01/2021 36  Letter Notice re First Amended Complaint/related papers and Request for leave to engage in
Alternative Service by Erik B. Cherdak. (aott) (Entered: 06/01/2021)
06/01/2021 37  FIRST AMENDED COMPLAINT against Liam O'Grady, Bernard S. Grimm, Diane
Wood, filed by Erik B. Cherdak. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, #
4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10
Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit
15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Civil Cover
Sheet, # 21 Cover Letter)(aott, ) (Entered: 06/01/2021)
06/01/2021 38  Proposed Summons for defendants Wood and Grimm re 37 first Amended Complaint by
Erik B. Cherdak. (aott) (Entered: 06/01/2021)
06/01/2021 39  LETTER ORDER - Mr. Cherdak is granted seven (7) days within which to promptly
correct[ ] this deficiency. Fed. R. Civ. P. 11(a). For purposes of determining deadlines for
responses and service, the complaint shall not be deemed filed until it has been signed.
Signed by District Judge Paul William Grimm on 06/01/2021. (see order for further details)
(dvanm, ) (Entered: 06/01/2021)
06/03/2021 40  LETTER ORDER re filing fee and outstanding balance. Signed by District Judge Paul
William Grimm on 06/03/2021. (Attachments: # 1 Attachment)(dvanm, ) (Entered:
06/03/2021)
06/07/2021 41  AMENDED COMPLAINT (signed) against Bernard S. Grimm, Liam O'Grady, Diane
Wood, filed by Erik B. Cherdak. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, #
4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10
Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit
15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21
Exhibit 21, # 22 Letter)(dvanm, ) (Entered: 06/08/2021)
06/16/2021 42  Filing fee and bank fee: $ 455.00, receipt number 14683090536. (dvanm, ) (Entered:
06/16/2021)
06/17/2021 43  LETTER ORDER granting 36 Motion for leave to engage in alternative service to the
 newly named defendants. The court approves effectuating service on Ms. Wood, a court
employee, in the same manner as Judge O'Grady was served. At this time the court finds no
compelling reason for Mr. Cherdak to seek alternate service to Mr. Grimm.. Signed by
District Judge Paul William Grimm on 06/17/2021. (see order for details) (dvanm, )
(Entered: 06/17/2021)
06/21/2021 44  Summons Issued as to Diane Wood. (dvanm, ) (Entered: 06/21/2021)
06/21/2021 45  Consent MOTION for Extension of Time to File Pre-Motion Letter by Liam O'Grady.
(Lucier, Jonathan) (Entered: 06/21/2021)
06/22/2021 46  SUMMONS Returned Executed Diane Wood served on 6/22/2021, answer due 7/13/2021.
(dvanm, ) (Entered: 06/25/2021)
06/28/2021 47  Letter re pre-motion letter stating grounds for motion to dismiss. (Lucier, Jonathan) (Entered:
06/28/2021)
07/09/2021 48  NOTICE of Appearance by Jonathan Tyler Lucier on behalf of Diane Wood (Lucier,
Jonathan) (Entered: 07/09/2021)
07/09/2021 49  Letter re Diane Wood date for pre-motion letter. (Lucier, Jonathan) (Entered: 07/09/2021)
07/09/2021 50  LETTER ORDER in regards to Defendant Diane Wood's Response to the Amended
Complaint. Signed by District Judge Paul William Grimm on 07/09/2021. (jlan) (Entered:
07/12/2021)
07/15/2021 51  LETTER/OBJECTION to 50 LETTER ORDER filed by Erik B. Cherdak. (dest) (Entered:
07/15/2021)
07/16/2021 52  LETTER ORDER in regards to 51 Objection filed by Erik B. Cherdak. Mr. Lucier, on Ms.
Woods behalf, shall be given an opportunity to respond, on or before July 26, 2021, by a
letter of commensurate length, i.e., no more than 10 pages, single-spaced, excluding exhibits,
unless otherwise ordered by the Court. Mr. Cherdak may reply on or before August 9, 2021,
by letter of no more than 5 pages, single-spaced, excluding exhibits, unless otherwise
ordered by the Court. The parties are reminded that if exhibits are attached, the relevant
language is to be highlighted to aid in the Courts review. Signed by District Judge Paul
William Grimm on 07/16/2021. (jlan, ) (Entered: 07/16/2021)
07/19/2021 53  LETTER ORDER re Filing Fee. Signed by District Judge Paul William Grimm on
7/19/2021. (Attachments: # 1 Attachment)(aott) (Entered: 07/19/2021)
07/19/2021   Case Stayed (aott) (Entered: 07/19/2021)
07/20/2021 54  LETTER ORDER re Returned Check. Signed by District Judge Paul William Grimm on
7/20/2021. (Attachments: # 1 Attachment)(aott) (Entered: 07/20/2021)
08/02/2021 55  Letter Response to 54 Order, 53 Order filed by Erik B. Cherdak. (Attachments: # 1 Exhibit
1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 7-1, # 7 Exhibit 7-2,
# 8 Exhibit 8)(dvanm, ) (Entered: 08/03/2021)
08/03/2021 56  Filing fee: $ 508, receipt number 14683091166. Money order for $402 filing fee and two
return check fees of $53 each. (dvanm, ) (Entered: 08/03/2021)
08/04/2021 57  PAPERLESS ORDER directing clerk to seal docket entries [53-1] and [54-1]. Signed by
District Judge Paul William Grimm on 08/04/2021. (dvanm, ) (Entered: 08/04/2021)
08/05/2021 58  LETTER ORDER lifting stay and amending briefing schedule. The following schedule
shall apply: Mr. Lucier, on Ms. Woods behalf, may respond, on or before August 12, 2021.
The same page limitations apply, i.e., no more than 10 pages, single-spaced, excluding
exhibits, unless otherwise ordered by the Court. Mr. Cherdak may reply on or before August
26, 2021, by letter of no more than 5 pages, single-spaced excluding exhibits, unless
otherwise ordered by the Court. The parties are reminded that if exhibits are attached, the
relevant language is to be highlighted to aid in the Courts review. Unless otherwise ordered
by the Court in the ruling on the motion for reconsideration, Ms. Woods response date,
which was set for August 23, 2021, shall be adjusted for the length of the stay (17 days) to
September 9, 2021. Signed by District Judge Paul William Grimm on 08/05/2021. (dvanm, )
(Entered: 08/05/2021)
08/05/2021 59  Summons Issued as to Bernard S. Grimm. NOTICE TO ATTORNEY: Print out two
electronically issued summons and one copy of the attachments for each defendant to be
served with the complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 08/05/2021)
08/06/2021 60  Letter Request for Clarification by Erik B. Cherdak. (dvanm, ) (Entered: 08/06/2021)
08/06/2021 61  LETTER ORDER re request for clarification. Signed by District Judge Paul William Grimm
on 08/06/2021. (dvanm, ) (Entered: 08/06/2021)
08/12/2021 62  Response to 51 Objection filed by Diane Wood. (Lucier, Jonathan) (Entered: 08/12/2021)
08/24/2021 63  Reply to 62 Response filed by Erik B. Cherdak. (dvanm, ) (Entered: 08/24/2021)
08/25/2021 64  NOTICE by Liam O'Grady, Diane Wood re Substitution of the United States as Defendant
for Tort Claims (Attachments: # 1 Exhibit A (Scope of Employment Certification))(Lucier,
Jonathan) (Entered: 08/25/2021)
08/25/2021 65  Letter re pre-motion letter stating grounds for motion to dismiss tort claims by United States.
(Lucier, Jonathan) (Entered: 08/25/2021)
08/25/2021 66  Letter re pre-motion letter stating grounds for motion to dismiss by Judge O'Grady. (Lucier,
Jonathan) (Entered: 08/25/2021)
08/25/2021 67  Letter re response date of the United States. (Lucier, Jonathan) (Entered: 08/25/2021)
09/01/2021 68  LETTER ORDER addressing Mr. Cherdaks objection to the date set for Ms. Woods
response to his summons and complaint, and his request for entry of a Notice of Default,
ECF No. 51 . Ms. Wood has responded, ECF No. 62 , and Mr. Cherdak has replied, ECF
No. 63 . For the reasons stated below, Mr. Cherdaks request is DENIED AS MOOT. Signed
by District Judge Paul William Grimm on 09/01/2021. (dvanm, ) (Entered: 09/01/2021)
09/02/2021 69  STRICKEN per order 70 - Letter Notice of intent to file motions regarding party status
related to defendants Wood and O'Grady. (dvanm, ) Modified on 9/2/2021 (dvanm, ).
(Entered: 09/02/2021)
09/02/2021 70  LETTER ORDER striking docket entry 69 for failure to comply with the pre-motion
procedure as set out in entry 6 . Signed by District Judge Paul William Grimm on
09/02/2021. (dvanm, ) (Entered: 09/02/2021)
09/09/2021 71  Letter Challenge to 64 Attorney Praekh's Scope of Employment Certification by Erik B.
Cherdak. (dvanm, ) (Entered: 09/09/2021)
09/09/2021 72  Letter MOTION for Limited Discovery by Erik B. Cherdak. (dvanm, ) (Entered:
 09/09/2021)
09/10/2021 73  Letter ORDER acknowledging receipt of Mr. Cherdak's pre-motion letter that challenges the
scope of employment certification and seeking leave to engage in limited discovery (ECF
Nos. 71, 72), which complies with the pre-motion procedure as set out in the Letter Order
Regarding the Filing of Motions, ECF No. 6. Mr. Cherdak's requests will be discussed at the
upcoming telephone conference scheduled for Thursday, September 16, 2021 at 1:00. Prior
to the telephone conference, I ask Mr. Lucier to respond by filing a letter (no more than 3
pages single-spaced) specifically addressing only Mr. Cherdaks request to engage in limited
discovery (docketed as ECF No. 72). The response is due on or before Tuesday, September
14, 2021. Signed by District Judge Paul William Grimm on 09/10/2021. (dvanm, ) (Entered:
09/10/2021)
09/14/2021 74  Response to 72 MOTION for Discovery Letter Response filed by Liam O'Grady, Diane
Wood. (Attachments: # 1 Exhibit FAC Ex. 1, # 2 Exhibit FAC Ex. 4, # 3 Exhibit FAC Ex.
8, # 4 Exhibit FAC Ex. 10)(Lucier, Jonathan) (Entered: 09/14/2021)
09/16/2021 75  Minute Entry for proceedings held before District Judge Paul William Grimm: Telephone
Scheduling Conference held on 9/16/2021.
Court to issue an Order memorializing the schedule set on record.
Court Reporter: FTR - 4B
(tran) (Entered: 09/16/2021)
09/17/2021 76  LETTER ORDER memorializing September 17, 2021 telephone conference held on record
and briefing schedule for motions. Signed by District Judge Paul William Grimm on
09/17/2021. (see order for details)(dvanm, ) (Entered: 09/20/2021)
10/18/2021 77  Plaintiff's Opening Brief Regarding the U.S. Attorney's Westfall Certification at D.E. 64-1
Submitted Pursuant to the Court's Order at D.E. filed by Erik B. Cherdak. (Attachments: # 1
Exhibit A)(dvanm, ) (Entered: 10/18/2021)
10/20/2021 78  LETTER ORDER acknowledging receipt of Mr. Cherdak's opening brief challenging the
Westfall Certification, ECF No. 77. Mr. Cherdak and the Defendants each shall be limited to
a combined total word count of 18,500 words, exclusive of exhibits, tables of contents, list
of cases, etc., in support of their motions/oppositions/replies. Mr. Cherdak may choose to
refile his opening brief to reduce the number of words used and retain additional words for
his responses. If he chooses to do so, his modified brief shall be filed on or before October
25, 2021. Signed by District Judge Paul William Grimm on 10/20/2021. (dvanm, ) (Entered:
10/20/2021)
11/22/2021 79  MOTION to Dismiss for Failure to State a Claim on the Basis of Judicial Immunity by Liam
O'Grady, Diane Wood. (Lucier, Jonathan) (Entered: 11/22/2021)
11/22/2021 80  Memorandum re Omnibus Memorandum in Opposition to Plaintiffs Motion to Set Aside
Westfall Certification and in Support of Federal Defendants Motion to Dismiss on the Basis
of Judicial Immunity to 79 MOTION to Dismiss for Failure to State a Claim on the Basis of
Judicial Immunity, 77 Response filed by Liam O'Grady, Diane Wood. (Attachments: # 1
Affidavit Judge O'Grady Declaration, # 2 Affidavit Ms. Wood Declaration)(Lucier,
Jonathan) (Entered: 11/22/2021)
11/22/2021 81  Roseboro Notice by Liam O'Grady, Diane Wood (Lucier, Jonathan) (Entered: 11/22/2021)
11/22/2021 82  Notice of Hearing Date re 79 MOTION to Dismiss for Failure to State a Claim on the Basis
 of Judicial Immunity (Lucier, Jonathan) (Entered: 11/22/2021)
11/22/2021   Set Deadlines as to 79 MOTION to Dismiss for Failure to State a Claim on the Basis of
Judicial Immunity. Motion Hearing set for 3/4/2021 at 10:00 AM in Alexandria
Telephonically before District Judge Paul William Grimm. (clar, ) (Entered: 11/23/2021)
12/20/2021   Reset Deadlines as to 79 MOTION to Dismiss for Failure to State a Claim on the Basis of
Judicial Immunity. Motion Hearing set for 3/4/2022 at 10:00 AM in Alexandria
Telephonically before District Judge Paul William Grimm. (clar, ) (Entered: 12/20/2021)
12/20/2021 83  Plaintiff's Omnibus Brief in Reply to Defendant's Opposition to Plaintiff's Motion to Set
Aside Westfall Certification and Plaintiff's Opposition to Defendant's Motion in to Dismiss
on the Basis of Judicial Immunity filed by Erik B. Cherdak. (Attachments: # 1 Exhibit R1, #
2 Exhibit R2)(dvanm, ) (Entered: 12/20/2021)
01/14/2022 84  REPLY to Response to Motion re 79 MOTION to Dismiss for Failure to State a Claim on
the Basis of Judicial Immunity filed by Liam O'Grady, Diane Wood. (Lucier, Jonathan)
(Entered: 01/14/2022)
02/23/2022 85  MEMORANDUM OPINION in re: 77 Mr. Cherdak's motion to set aside the Westfall Act
Certification, and 79 the Federal Defendants' motion to dismiss on the basis of judicial
immunity. Signed by District Judge Paul William Grimm on 02/23/2022. (dvanm) (Entered:
02/23/2022)
02/23/2022 86  ORDERED that: 1. Plaintiff's Motion to Set Aside the Westfall Act Certification, ECF No.
77, is DENIED. 2. The Federal Defendants' Motion to Dismiss on the Basis of Judicial
Immmunity, ECF No. 79, is GRANTED. a. The First, Second, Third, Fourth, Sixth,
Seventh, and Eighth causes of action of Plaintiff's Amended Complaint, ECF No. 41, are
DISMISSED WITH PREJUDICE; b. The Fifth and Ninth causes of action asserted against
Bernard S. Grimm remain pending. 3. Judgment is hereby entered in favor of the United
States, substituting for Judge Liam O'Grady and Diane Woods, against the Plaintiff Erik
Cherdak. By virtue of this substitution, the claims against Judge O'Grady and Diane Woods
are dismissed with prejudice as well. Any and all prior rulings made by the Court disposing
of any claims against any parties are incorporated by reference herein, and this Order shall
be deemed to be a Final Judgment within the meaning of Federal Rule of Civil Procedure
58. 4. Within FOURTEEN (14) DAYS from the entry date of this Order, i.e., on or before
March 10, 2022, Plaintiff shall SHOW CAUSE why this case should not be dismissed as to
the remaining Defendant, Bernard S. Grimm, without prejudice, pursuant to Fed. R. Civ. P.
41(b). Signed by District Judge Paul William Grimm on 02/23/2022. (dvanm) Modified to
correct text on 2/23/2022 (dvanm, ). Modified on 2/25/2022 (dvanm, ). (Entered:
02/23/2022)
02/23/2022 87  Rule 58 JUDGMENT in re Federal Defendants. Signed by Clerk on 02/23/2022. (dvanm)
(Entered: 02/23/2022)
02/28/2022 88  AMENDED MEMORANDUM OPINION in re motions 77 and 79 . Signed by District
Judge Paul William Grimm on 02/28/2022. (see memorandum for details)(dvanm) (Entered:
02/28/2022)
02/28/2022 89  AMENDED ORDER AND JUDGMENT. Signed by District Judge Paul William Grimm
on 02/28/2022. (see order for details)(dvanm) (Entered: 02/28/2022)
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