(A) Motion to Amend in Diersen v. Walker (GAO) |
 |
(A) Motion to Amend in Diersen v. Walker (GAO) |
|
Case 16: (A) Motion to Amend in Diersen v. Walker (GAO) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA David J. Diersen, Plaintiff, v. David M. Walker, Defendant.
Motion To Alter Or Amend Judgment Pursuant To COMES NOW, the Plaintiff, David J. Diersen (Diersen), for himself and all others similarly situated, and files this motion to alter or amend judgment pursuant to F.R.Civ.P. 59(e). This Court’s September 3, 1999 Order is a final appealable Order because it is a final disposition that dismisses all of Diersen’s claims before this Court. However, this motion is also subject to reconsideration under F.R.Civ.P. 59(e). This motion should be granted for the following reasons. This Motion is filed because it is believed that this Court erred in accepting representations of the Defendant United States General Accounting Office’s (GAO) attorneys as fact when those factual representations were incorrect when compared to the actual allegations of fact that were made by Diersen in his original complaint, in his first and second amended complaints, and now, in his third amended complaints before this Court, a greatly shortened complaint filed contemporaneously herewith. There is no reason to assume that GAO was truthful to this Court. In fact the comparisons of GAO’s representations with direct quotes from Diersen’s complaints filed in this case, starting with the original complaint and consistent throughout the three amendments, undisputably prove that GAO’s attorneys misstated to this Court relevant and material facts as to venue, the nature of Diersen’s claims, his compliance with Local Rule 203, and his compliance with F.R.Civ.P. 8(a). This Court’s reliance upon those misstatements is plain error. Given the scope of this case, which includes class action allegations; facts which support a charge of massive, long standing age discrimination which either stands alone or may be coupled with reverse discrimination under Title VII as the pleadings demonstrate; and accompanying reprisals for participation in a protected complaint process, there is no reason for this Court to suppose or expect GAO to be candid with this Court. This Court, as is submitted and supported herein, simply erred in relying upon GAO’s factual representations, particularly with respect to its false allegation that Diersen failed to meet venue restrictions purportedly applicable to this case. This case is primarily a District of Columbia case because the policies and practices originated, were implemented and enforced here. It is disingenuous and prejudicial to argue and hold otherwise. The most obvious prejudice resulting from this Court’s reliance upon GAO’s false representations is the further delay of this case and the de facto denial of Diersen adequate representation of counsel by transferring this case to Chicago. Less obvious is the fact that proof of the allegations of this complaint in Chicago, far away from the witnesses who did the discriminating and retaliating will put a nearly impossible burden on Diersen to prove his case. Undoubtedly, the prejudice to the case to GAO drove GAO to such lengths as to mislead this Court. This motion seeks to remedy that wrong. Therefore, as demonstrated by direct quotes from prior filings detailed in the accompanying statement of points and authorities in support of this motion, and in the shortened version of Diersen’s complaint which is incorporated as a part of the points and authorities in support of this motion, this Court, in the interests of justice, should recognize the fallacies in GAO’s representations, the injustice and prejudice resulting from the Order entered, and in the interests of truth and justice grant this motion. Diersen stands ready now, without further discovery, to disprove at an evidentiary hearing the allegations of fact that this Court relied upon in dismissing this case. Wherefore, Diersen hereby requests that this Honorable Court alter or amend its September 3, 1999 Order and deny GAO’s motion to dismiss Diersen’s class action ADEA and reverse discrimination Title VII claims, grant Diersen’s motion for leave to amend his complaint, grant Diersen’s motion for waiver or extension of time limitation to file a motion to certify class, and either deny GAO’s motion to transfer Diersen’s individual ADEA and reverse discrimination Title VII claims to the United States District Court for the Northern District of Illinois or set the factual allegations that form the basis of GAO’s motion to dismiss down for an evidentiary hearing at which Diersen will demonstrate the factual errors and lack of candor of GAO to this Honorable Court. Respectfully submitted: CERTIFICATE OF SERVICE I hereby certify that, on September ____,1999, I mailed, first class postage prepaid, a copy of Diersen’s motion to alter or amend order and a proposed order to: Eric M. Jaffe Walter T. Charlton IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA David J. Diersen, Plaintiff, v. David M. Walker, Defendant. ORDER Upon consideration of the motion to alter or amend judgment, and it appearing to this Court that there will be no prejudice to any party by granting such motion, and that such action is required by the interests of justice, now therefore, GAO’s motion to dismiss Diersen’s class action ADEA and reverse discrimination Title VII claims is DENIED, Diersen’s motions for leave to amend his complaint are GRANTED, Diersen’s motion for waiver or extension of time limitation to file a motion to certify class is GRANTED, and GAO’s motion to transfer Diersen’s individual ADEA and reverse discrimination Title VII claims to the United States District Court for the Northern District of Illinois is DENIED. Alternative Order Upon consideration of Diersen’s motion to alter or amend judgment, and it appearing to this Court that there are factual disputes that go to the essence of this Court’s jurisdiction in this case, now therefore, the motion is GRANTED. This Court will hold a factual hearing on the allegations of venue and class action complaints on the _____ day of ___________, 1999. _____________________________ Judge, United States District Court
CERTIFICATE OF SERVICE I hereby certify that, on September ____,1999, I mailed, first class postage prepaid, a copy of Diersen’s motion to alter or amend order and a proposed order to: Eric M. Jaffe Walter T. Charlton IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA David J. Diersen, Plaintiff, v. David M. Walker, Defendant. ORDER Upon consideration of the motion to alter or amend judgment, and it appearing to this Court that there will be no prejudice to any party by granting such motion, and that such action is required by the interests of justice, now therefore, GAO’s motion to dismiss Diersen’s class action ADEA and reverse discrimination Title VII claims is DENIED, Diersen’s motions for leave to amend his complaint are GRANTED, Diersen’s motion for waiver or extension of time limitation to file a motion to certify class is GRANTED, and GAO’s motion to transfer Diersen’s individual ADEA and reverse discrimination Title VII claims to the United States District Court for the Northern District of Illinois is DENIED. Alternative Order Upon consideration of Diersen’s motion to alter or amend judgment, and it appearing to this Court that there are factual disputes that go to the essence of this Court’s jurisdiction in this case, now therefore, the motion is GRANTED. This Court will hold a factual hearing on the allegations of venue and class action complaints on the _____ day of ___________, 1999. _____________________________ Judge, United States District Court Click the Menu choices at the left to browse the GAO/Diersen documents. [Close Frames, Return to Case 16/GAO Main Page] END Case 16:
Additional documents |
Use your Browser's BACK button, or make another selection:
| Case 16: May 12, 1999 Letter to U.S. Attorney |
Case 16: Aug. 10, 1999 Letter to U.S. OPM |
Case 16: Additional Documents Diersen v. GAO (requires frames) |
Horror Stories (Case studies) MAIN Menu |