District Appellate Supreme
Federal
Virginia Eastern District Court Court of Appeals for the Fourth Circuit United States Supreme Court

Courthouse News Service v. Hade et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 3:21-cv-00460-HEH
District Judge Henry E. Hudson, presiding
Tags
District Judge Henry E. Hudson
Last Updated August 2, 2023 at 11:13 PM EDT (1.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Courthouse News Service, Plaintiff

Represented by Bryan Cave, LLP

Name Phone Fax E-Mail
Space Jonathan Eric Ginsberg +1 212 541 1130 +1 212 541 1430 jon.ginsberg@bclplaw.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Dabney Jefferson Carr, IV +1 804 697 1238 +1 804 698 5119 dabney.carr@troutman.com
v.
No Logo Jacqueline C. Smith, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Connell Altmiller, Jr. +1 703 506 9440 +1 703 506 0929 jaltmiller@pesner.com

Represented by pesner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Heather R. Steele +1 703 506 9440 +1 703 506 0929 hsteele@pesner.com
Other Parties
No Logo Commonwealth of Virginia, Intervenor Defendant

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Robert Bernard McEntee, III +1 804 371 2131 rmcenteeiii@oag.state.va.us
Space Erin Rose McNeill +1 804 692 0598 +1 804 371 2087 emcneill@oag.state.va.us
Attributes
Office Richmond
Filed 7/15/2021
Jury Demand None
Demand
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Violation of Due Process and Equal Protection
Jurisdiction Federal Question
Disposition Dismissed - Other
County Richmond City
Terminated 9/27/2022
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case 22-2110[]
Defendant Custody Status
Flags APPEAL,CLOSED
Timeline
  Entries (104) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 94 Filed: 10/26/2022, Entered: 10/26/2022 Transmission of Notice of Appeal to 4CCA
Transmission of Notice of Appeal to US Court of Appeals re [93] Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (smej, )
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Blank  Filed: None, Entered: None USCA Case Number
USCA Case Number 22-2110, Case Manager E. Borneisen, for [93] Notice of Appeal, filed by Courthouse News Service. (smej, )
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Legal Document (Payment Possibly Required) 93 Filed: 10/25/2022, Entered: 10/25/2022 Notice of appeal
NOTICE OF APPEAL as to [92] Order on Motion for Summary Judgment,,,,, [48] Memorandum Opinion, [49] Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,, [91] Memorandum Opinion by Courthouse News Service. Filing fee $ 505, receipt number AVAEDC-8628387. (Carr, Dabney)
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Legal Document (Payment Possibly Required) 92 Filed: 9/27/2022, Entered: 9/27/2022 Order on motion for summary judgmentCourt Filing
ORDER (Resolving Cross-Motions for Summary Judgment) - For the reasons fully stated in the accompanying Memorandum Opinion, Defendants' Motions for Summary Judgment (ECF Nos. 66, 74) are GRANTED and Plaintiffs Motion for Summary Judgment (ECF No. 70) is DENIED. Signed by District Judge Henry E. Hudson on 9/27/2022. (smej, )
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Legal Document (Payment Possibly Required) 91 Filed: 9/27/2022, Entered: 9/27/2022 Memorandum, Opinion Court Filing
MEMORANDUM OPINION (Resolving Cross-Motions for Summary Judgment). Signed by District Judge Henry E. Hudson on 9/27/2022. (smej, )
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Legal Document (Payment Possibly Required) 90 Filed: 9/9/2022, Entered: 9/9/2022 OrderCourt Filing
ORDER (Continuing Trial Date) THIS MATTER is currently set for a bench trial on September 29, 2022. The Court has determined that a continuance is necessary. Therefore, the bench trial is CONTINUED to November 10, 2022 at 9:00 a.m. Signed by District Judge Henry E. Hudson on 9/9/2022. (asho, )
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearings: Bench Trial reset for 11/10/2022 at 9:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (rpiz)
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Legal Document (Payment Possibly Required) 89 Filed: 9/7/2022, Entered: 9/7/2022 transcriptCourt Filing
TRANSCRIPT of proceedings held on 8/18/2022, before Judge Henry E. Hudson, Court Reporter/Transcriber Krista Liscio, Telephone number 804 916-2296. 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 10/7/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 12/6/2022.(liscio, krista)
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Legal Document (Payment Possibly Required) 88 Filed: 8/18/2022, Entered: 8/19/2022 Terminate Motion and R&R; Deadlines/HearingsCourt Filing
Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Harding, OCR): Motions Hearing held on 8/18/2022 re [66] Motion for Summary Judgment filed by defendant Commonwealth of Virginia, [70] Motion for Summary Judgment filed by plaintiff Courthouse News Service, and [74] Motion for Summary Judgment filed by defendant Jacqueline C. Smith. Argument heard. Motions taken under advisement by the Court; Memorandum Opinion to enter. (Attachment # (1) Exhibit A submitted by defendant Commonwealth of Virginia) (rpiz)
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Legal Document (Payment Possibly Required) 86 Filed: 8/8/2022, Entered: 8/8/2022 Reply to Response to motion
REPLY to Response to Motion re [66] MOTION for Summary Judgment filed by Commonwealth of Virginia. (McEntee, Robert)
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Legal Document (Payment Possibly Required) 85 Filed: 8/8/2022, Entered: 8/8/2022 Reply to Response to motion
REPLY to Response to Motion re [70] MOTION for Summary Judgment filed by Courthouse News Service. (Attachments: # (1) Declaration of Andras Bodis)(Carr, Dabney)
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Legal Document (Payment Possibly Required) 83 Filed: 8/1/2022, Entered: 8/1/2022 Memorandum in opposition
Memorandum in Opposition re [70] MOTION for Summary Judgment of Courthouse News Service, filed by Jacqueline C. Smith. (Steele, Heather)
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Legal Document (Payment Possibly Required) 82 Filed: 8/1/2022, Entered: 8/1/2022 Memorandum in opposition
Memorandum in Opposition re [74] MOTION for Summary Judgment , [66] MOTION for Summary Judgment filed by Courthouse News Service. (Attachments: # (1) Declaration of William Girdner, # (2) Ex. 1 to Girdner Declaration, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C)(Carr, Dabney)
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Legal Document (Payment Possibly Required) 81 Filed: 8/1/2022, Entered: 8/1/2022 response in opposition to motion
RESPONSE in Opposition re [70] MOTION for Summary Judgment filed by Commonwealth of Virginia. (McEntee, Robert)
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Blank  Filed: None, Entered: None notice of correction
Notice of Correction re: ECF No. [80], Notice; Filing attorney is notified Request for Authorization to Bring Electronic Device(s) into the USDC for the EDVA are not to be filed electronically through CM/ECF. The Clerk has made Judge Hudson's Chambers aware of the filing. No further action is required at this time. (jpow, )
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Legal Document (Payment Possibly Required) 80 Filed: 7/27/2022, Entered: 7/27/2022 Notice
NOTICE by Commonwealth of Virginia, Karl R. Hade, Jacqueline C. Smith (Altmiller, John)
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Blank  Filed: None, Entered: None set motion and R&R deadlines/hearings
Set/Reset Hearings as to [66] Motion for Summary Judgment, [70] Motion for Summary Judgment, and [74] Motion for Summary Judgment: Motions Hearing reset for 8/18/2022 at 10:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (rpiz)
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Legal Document (Payment Possibly Required) 79 Filed: 7/26/2022, Entered: 7/26/2022 Order on Motion to withdraw as attorneyCourt Filing
ORDER GRANTING WITHDRAWAL OF APPEARANCE - The Court hereby GRANTS the Motion for the withdrawal of the appearance of Jessica R. Blaemire as counsel for Plaintiff Courthouse New Service in the above-captioned case. [78] It is further ORDERED that the Clerk of the Court shall strike Jessica R. Blaemire's appearance and remove her from the CM/ECF service list in these matters. It is further ORDERED that the parties need not serve Jessica R. Blaemire with any pleadings, motions, or other papers in these matters. Signed by District Judge Henry E. Hudson on 7/26/2022. (jpow, )
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Legal Document (Payment Possibly Required) 78 Filed: 7/26/2022, Entered: 7/26/2022, Terminated: 7/26/2022 Motion to withdraw as attorney
MOTION to Withdraw as Attorney Appearance of Jessica R. Blaemire by Courthouse News Service. (Attachments: # (1) Proposed Order)(Carr, Dabney)
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Blank  Filed: None, Entered: None set motion and R&R deadlines/hearings
Set Hearing as to [66] Motion for Summary Judgment, [70] Motion for Summary Judgment, and [74] Motion for Summary Judgment: Motions Hearing set for 8/19/2022 at 10:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (rpiz)
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Legal Document (Payment Possibly Required) 77 Filed: 7/22/2022, Entered: 7/22/2022 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
ORDER - The Motion is hereby GRANTED [76], and it is ORDERED that the deadline for filing Memoranda in Opposition to the Motions for Summary Judgment filed herein [ECF Nos. [66], [70], [74]] is hereby EXTENDED from July 25, 2022 to August 1, 2022. Signed by District Judge Henry E. Hudson on 7/22/2022. (jpow, )
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Legal Document (Payment Possibly Required) 76 Filed: 7/22/2022, Entered: 7/22/2022, Terminated: 7/22/2022 Motion for Extension of Time to File Response/Reply
Joint MOTION for Extension of Time to File Response/Reply as to [70] MOTION for Summary Judgment , [66] MOTION for Summary Judgment , [74] MOTION for Summary Judgment by Courthouse News Service. (Attachments: # (1) Proposed Order)(Carr, Dabney)
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Legal Document (Payment Possibly Required) 75 Filed: 7/14/2022, Entered: 7/14/2022 Memorandum In Support
Memorandum in Support re [74] MOTION for Summary Judgment filed by Jacqueline C. Smith. (Attachments: # (1) Exhibit Exhibit #1)(Altmiller, John)
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Legal Document (Payment Possibly Required) 74 Filed: 7/14/2022, Entered: 7/14/2022, Terminated: 9/27/2022 Motion for Summary Judgment
MOTION for Summary Judgment by Jacqueline C. Smith. (Altmiller, John)
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Blank  Filed: None, Entered: None notice of correction
Notice of Correction re: ECF Nos. [68] and [69]; The filing user's login does not match the signature on the document. The filing user must refile the document with the filing user's signature block, or the attorney whose signature block appears on the document must refile the document. The filing user has refiled both documents as ECF Nos. [74] and [75]. No further action is required at this time. (jpow, )
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Legal Document (Payment Possibly Required) 73 Filed: 7/12/2022, Entered: 7/12/2022 Notice of Appearance
NOTICE of Appearance by Erin Rose McNeill on behalf of Commonwealth of Virginia (McNeill, Erin)
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Legal Document (Payment Possibly Required) 72 Filed: 7/11/2022, Entered: 7/11/2022 Notice
NOTICE of Request for Oral Argument by Courthouse News Service re [70] MOTION for Summary Judgment (Carr, Dabney) Modified docket text on 7/14/2022 (jpow, ).
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Legal Document (Payment Possibly Required) 71 Filed: 7/11/2022, Entered: 7/11/2022 Memorandum In Support
Memorandum in Support re [70] MOTION for Summary Judgment filed by Courthouse News Service. (Attachments: # (1) Declaration of William Girdner, # (2) Declaration of Ryan Abbott, # (3) Exhibit 1 to Abbott Declaration, # (4) Exhibit 2 to Abbott Declaration, # (5) Exhibit 3 to Abbott Declaration, # (6) Exhibit 4 to Abbott Declaration, # (7) Exhibit 5 to Abbott Declaration, # (8) Exhibit 6 to Abbott Declaration, # (9) Exhibit 7 to Abbott Declaration, # (10) Exhibit A, # (11) Exhibit B, # (12) Exhibit C, # (13) Exhibit D, # (14) Exhibit E, # (15) Exhibit F, # (16) Exhibit G, # (17) Exhibit H, # (18) Exhibit I, # (19) Exhibit J, # (20) Exhibit K, # (21) Exhibit L)(Carr, Dabney) (Main Document 71 replaced on 7/14/2022) (jpow, ).
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Legal Document (Payment Possibly Required) 70 Filed: 7/11/2022, Entered: 7/11/2022, Terminated: 9/27/2022 Motion for Summary Judgment
MOTION for Summary Judgment by Courthouse News Service. (Carr, Dabney)
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Legal Document (Payment Possibly Required) 69 Filed: 7/11/2022, Entered: 7/11/2022 Memorandum In Support
DISREGARD. Memorandum in Support re [68] MOTION for Summary Judgment filed by Jacqueline C. Smith. (Attachments: # (1) Exhibit Exhibit 1 - Declaration of Paul Ferguson)(Steele, Heather) Modified on 7/14/2022 (jpow, ).
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Legal Document (Payment Possibly Required) 68 Filed: 7/11/2022, Entered: 7/11/2022, Terminated: 7/14/2022 Motion for Summary Judgment
DISREGARD. MOTION for Summary Judgment by Jacqueline C. Smith. (Steele, Heather) Modified on 7/14/2022 (jpow, ).
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Legal Document (Payment Possibly Required) 67 Filed: 7/9/2022, Entered: 7/9/2022 Memorandum In Support
Memorandum in Support re [66] MOTION for Summary Judgment filed by Commonwealth of Virginia. (Attachments: # (1) Exhibit A)(McEntee, Robert) (Attachment 1 replaced on 7/14/2022) (jpow, ). Modified on 7/14/2022 (jpow, ). (Additional attachment(s) added on 7/14/2022: # (2) Exhibit B, # (3) Exhibit C) (jpow, ).
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Legal Document (Payment Possibly Required) 66 Filed: 7/9/2022, Entered: 7/9/2022, Terminated: 9/27/2022 Motion for Summary Judgment
MOTION for Summary Judgment by Commonwealth of Virginia. (McEntee, Robert)
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Legal Document (Payment Possibly Required) 65 Filed: 6/15/2022, Entered: 6/15/2022 Notice
NOTICE by Courthouse News Service Notice of Withdrawal of Appearance (Blaemire, Jessica)
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Legal Document (Payment Possibly Required) 64 Filed: 6/1/2022, Entered: 6/1/2022 OrderCourt Filing
ORDER - THIS MATTER is before the Court on the parties' Stipulation and Order for Dismissal of Karl R. Hade Without Prejudice filed pursuant to Federal Rule of Civil Procedure 41(a)(l). (ECF No. [60].) The parties represent that Karl R. Hade, in his official capacity as Executive Secretary of the Office of Executive Secretary of the Virginia Supreme Court, should be dismissed from this action. Therefore, it appearing appropriate to do so, the Motion is GRANTED. Karl R. Hade, in his official capacity as Executive Secretary of the Office of Executive Secretary of the Virginia Supreme Court, is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Henry E. Hudson on 6/1/2022. (jpow, )
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Legal Document (Payment Possibly Required) 63 Filed: 5/31/2022, Entered: 5/31/2022 OrderCourt Filing
ORDER (Continuing Trial Date) - THIS MATTER is before the Court on the parties' Consent Motion to Continue filed on May 19, 2022. (ECF No. 57.) In accordance with that Motion, the Court granted the parties an extension to complete discovery and file summary judgment motions with leave to reschedule the trial at a later date. (Order, ECF No. 59.) The parties have now determined an appropriate date, and therefore, the Court CONTINUES the trial date to September 29, 2022 at 9:00 a.m. Signed by District Judge Henry E. Hudson on 5/31/2022. (jpow, )
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Legal Document (Payment Possibly Required) 62 Filed: 5/31/2022, Entered: 5/31/2022 Notice of Appearance
NOTICE of Appearance by Robert B McEntee, III on behalf of Commonwealth of Virginia (McEntee, Robert)
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Legal Document (Payment Possibly Required) 61 Filed: 5/31/2022, Entered: 5/31/2022 Notice
NOTICE of Intent to Intervene by Commonwealth of Virginia (McEntee, Robert) Modified docket text on 6/1/2022 (jpow, ).
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Legal Document (Payment Possibly Required) 60 Filed: 5/31/2022, Entered: 5/31/2022 stipulation
STIPULATION and Order for Dismissal of Karl R. Hade Without Prejudice by Courthouse News Service. (Carr, Dabney)
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearings: Bench Trial reset for 9/29/2022 at 9:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (rpiz)
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Legal Document (Payment Possibly Required) 59 Filed: 5/23/2022, Entered: 5/23/2022 Order on Motion to continueCourt Filing
ORDER - It is hereby ORDERED that the Motion (ECF No. [57]) is GRANTED. The deadline for completion of fact discovery is hereby EXTENDED until July 5, 2022, and the parties shall file any motions for summary judgment not later than July 9, 2022. The parties are directed to contact the Court no later than seven (7) calendar days after entry of this order to reschedule the bench trial in this matter. Signed by District Judge Henry E. Hudson on 5/23/2022. (jpow, )
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Legal Document (Payment Possibly Required) 58 Filed: 5/19/2022, Entered: 5/19/2022 Memorandum In Support
Memorandum in Support re [57] Consent MOTION to Continue filed by Courthouse News Service. (Carr, Dabney)
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Legal Document (Payment Possibly Required) 57 Filed: 5/19/2022, Entered: 5/19/2022, Terminated: 5/23/2022 Motion to Continue
Consent MOTION to Continue by Courthouse News Service. (Attachments: # (1) Proposed Order)(Carr, Dabney)
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Legal Document (Payment Possibly Required) 56 Filed: 5/5/2022, Entered: 5/5/2022 order on motion for extension of time to fileCourt Filing
ORDER (Granting in Part the Joint Motion for Extension of Time) - THIS MATTER is before the Court on the parties' Joint Motion for Extension of Time filed on May 2, 2022. (ECF No. [53].) The Court held a conference call on May 5, 2022 to discuss the Motion. Upon due consideration and finding it appropriate to do so, the Court GRANTS the Motion in Part. The Court CONTINUES the trial date to August 9, 2022. All discovery shall be completed no later than June 5, 2022. Any motions for summary judgment shall be filed no later than June 9, 2022. In all other respects, this Court's Pretrial Scheduling Order entered on December 2, 2021 (ECF No. 28-1), shall remain in effect as adjusted based on the new trial date. Signed by District Judge Henry E. Hudson on 5/5/2022. (jpow, )
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearings: Bench Trial reset for 8/9/2022 at 9:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (rpiz)
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Blank  Filed: None, Entered: None Telephone Conference
Telephone Conference held on 5/5/2022 before District Judge Henry E. Hudson (rpiz)
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Legal Document (Payment Possibly Required) 55 Filed: 5/4/2022, Entered: 5/4/2022 Notice
NOTICE by Courthouse News Service of Joint Stipulation of Facts (Carr, Dabney)
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Legal Document (Payment Possibly Required) 54 Filed: 5/2/2022, Entered: 5/2/2022 Memorandum In Support
Memorandum in Support re [53] Joint MOTION for Extension of Time filed by Courthouse News Service. (Carr, Dabney)
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Legal Document (Payment Possibly Required) 53 Filed: 5/2/2022, Entered: 5/2/2022, Terminated: 5/5/2022 Motion for Extension
Joint MOTION for Extension of Time by Courthouse News Service. (Attachments: # (1) Proposed Order)(Carr, Dabney)
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Legal Document (Payment Possibly Required) 52 Filed: 1/31/2022, Entered: 1/31/2022 Notice of Appearance
NOTICE of Appearance by Dabney Jefferson Carr, IV on behalf of Courthouse News Service (Carr, Dabney)
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Legal Document (Payment Possibly Required) 51 Filed: 1/28/2022, Entered: 1/28/2022 Answer to Complaint
ANSWER to Complaint by Jacqueline C. Smith.(Altmiller, John)
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Legal Document (Payment Possibly Required) 50 Filed: 1/28/2022, Entered: 1/28/2022 Answer to Complaint
ANSWER to Complaint by Karl R. Hade.(McEntee, Robert)
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Legal Document (Payment Possibly Required) 49 Filed: 1/14/2022, Entered: 1/14/2022 Order on Motion to Dismiss / Lack of JurisdictionCourt Filing
ORDER (Resolving Defendants' Motions to Dismiss) - THIS MATTER is before the Court on Defendant Karl Hade's ("Defendant Hade") Motions to Dismiss (ECF Nos. 22, 24) and Defendant Jacqueline Smith's (collectively "Defendants") Motion to Dismiss (ECF No. 26). For the reasons set forth in the accompanying Memorandum Opinion, Defendant Hade's Motion to Dismiss (ECF No. 22) is DENIED. Defendants' Motions to Dismiss (ECF Nos. 24, 26) are GRANTED IN PART. Specifically, the Court GRANTS the Motions to Dismiss as to Count Three of the Amended Complaint. In all other respects, Defendants' Motions to Dismiss (ECF Nos. 24, 26) are DENIED. Signed by District Judge Henry E. Hudson on 1/14/2022. (smej, )
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Legal Document (Payment Possibly Required) 48 Filed: 1/14/2022, Entered: 1/14/2022 Memorandum, Opinion Court Filing
MEMORANDUM OPINION (Resolving Defendants' Motions to Dismiss). Signed by District Judge Henry E. Hudson on 1/14/2022. (smej, )
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Legal Document (Payment Possibly Required) 47 Filed: 1/14/2022, Entered: 1/14/2022 Letter
Letter to Court regarding General Assembly. (Blaemire, Jessica)
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Legal Document (Payment Possibly Required) 46 Filed: 1/12/2022, Entered: 1/12/2022 transcriptCourt Filing
TRANSCRIPT of proceedings held on January 10, 2022, before Judge Henry E. Hudson, Court Reporter/Transcriber Krista Liscio Harding, Telephone number 804 916-2296. 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 2/11/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 4/12/2022.(liscio, krista)
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Legal Document (Payment Possibly Required) 45 Filed: 1/11/2022, Entered: 1/11/2022 Pretrial OrderCourt Filing
INITIAL PRETRIAL ORDER: Bench Trial set for 7/19/2022 at 9:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (signed by District Judge Henry E. Hudson on 1/10/2022) (rpiz)
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Legal Document (Payment Possibly Required) 44 Filed: 1/10/2022, Entered: 1/10/2022 Terminate Motion and R&R; Deadlines/HearingsCourt Filing
Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Harding, OCR): Matter came on for Motions Hearing and Initial Pretrial Conference on 1/10/2022. Motion Hearing held re [22] Motion to Dismiss filed by Karl R. Hade, [24] Motion to Dismiss filed by Karl R. Hade, and [26] Motion to Dismiss filed by Jacqueline C. Smith. Argument heard. Motions taken under advisement by the Court; Memorandum Opinion to enter. Initial Pretrial Conference held; bench trial set for July 19, 2022 at 9:00 AM. Motions for summary judgment to be filed at least 70 days prior to trial; proposed findings of fact and conclusions of law due 14 days before trial. (rpiz)
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Legal Document (Payment Possibly Required) 42 Filed: 1/6/2022, Entered: 1/6/2022 Order on Motion to withdraw as attorneyCourt Filing
ORDER (Granting Motion to Withdraw) - THIS MATTER is before the Court on Plaintiffs Motion to Withdraw as counsel for Courthouse News Service (ECF No. [41]). It appearing good cause is shown, the Motion is GRANTED. Adam L. Shaw is RELIEVED as counsel of record in this matter. Signed by District Judge Henry E. Hudson on 1/6/2022. (jpow, )
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Legal Document (Payment Possibly Required) 41 Filed: 1/6/2022, Entered: 1/6/2022, Terminated: 1/6/2022 Motion to withdraw as attorney
MOTION to Withdraw as Attorney (Adam L. Shaw) by Courthouse News Service. (Attachments: # (1) Proposed Order)(Shaw, Adam)
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Legal Document (Payment Possibly Required) 40 Filed: 1/6/2022, Entered: 1/6/2022 Notice of Appearance
NOTICE of Appearance by Jessica R Blaemire on behalf of Courthouse News Service (Blaemire, Jessica)
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Blank  Filed: None, Entered: None set motion and R&R deadlines/hearings
Set/Reset Hearings as to [26] Motion to Dismiss, [24] Motion to Dismiss, and [22] Motion to Dismiss: Motion Hearing reset for 1/10/2022 at 11:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson;Initial Pretrial Conference reset for 1/10/2022 at 11:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (to immediately follow motions hearing) (rpiz)
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Legal Document (Payment Possibly Required) 38 Filed: 11/30/2021, Entered: 11/30/2021 Reply to Response to motion
REPLY to Response to Motion re [26] MOTION to Dismiss for Failure to State a Claim filed by Jacqueline C. Smith. (Altmiller, John)
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Legal Document (Payment Possibly Required) 37 Filed: 11/29/2021, Entered: 11/29/2021 Reply to Response to motion
REPLY to Response to Motion re [22] MOTION to Dismiss for Lack of Jurisdiction , [24] MOTION to Dismiss for Failure to State a Claim filed by Karl R. Hade. (McEntee, Robert)
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Legal Document (Payment Possibly Required) 35 Filed: 11/19/2021, Entered: 11/19/2021 Order on Motion to withdraw as attorneyCourt Filing
ORDER (Granting Motion to Withdraw) - THIS MATTER is before the Court on Plaintiff's Motion to Withdraw as counsel for Courthouse News Service (ECF No. [34]). It appearing good cause is shown, the Motion is GRANTED. Heather S. Goldman is RELIEVED as counsel of record in this matter. Signed by District Judge Henry E. Hudson on 11/19/2021. (jpow, )
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Legal Document (Payment Possibly Required) 34 Filed: 11/18/2021, Entered: 11/18/2021, Terminated: 11/19/2021 Motion to withdraw as attorney
MOTION to Withdraw as Attorney Heather Goldman by Courthouse News Service. (Attachments: # (1) Proposed Order)(Shaw, Adam)
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Blank  Filed: None, Entered: None set motion and R&R deadlines/hearings
Set Hearings as to [26] Motion to Dismiss, [24] Motion to Dismiss, and [22] Motion to Dismiss: Motions Hearing set for 12/21/2021 at 10:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson;Set/Reset Hearings: Initial Pretrial Conference reset for 12/21/2021 at 10:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (to immediately follow motions hearing) (rpiz)
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Legal Document (Payment Possibly Required) 33 Filed: 11/16/2021, Entered: 11/16/2021 Memorandum in opposition
Memorandum in Opposition re [24] MOTION to Dismiss for Failure to State a Claim , [26] MOTION to Dismiss for Failure to State a Claim , [22] MOTION to Dismiss for Lack of Jurisdiction filed by Courthouse News Service. (Attachments: # (1) Affidavit of William Girdner, # (2) Exhibit 1 to Girdner Declaration, # (3) Affidavit of Jonathan Ginsberg, # (4) Exhibit A to Ginsberg Declaration, # (5) Exhibit B to Ginsberg Declaration)(Shaw, Adam)
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Legal Document (Payment Possibly Required) 32 Filed: 11/16/2021, Entered: 11/16/2021 Order on Motion to Dismiss / Lack of JurisdictionCourt Filing
ORDER (Granting Motion to Reschedule Initial Pretrial Conference; Setting Hearing on Motions to Dismiss; and Denying as Moot Motions to Dismiss) - THIS MATTER is before the Court on the parties' Joint Motion to Reschedule Initial Pretrial Conference (ECF No. [31]) which is set for December 2, 2021. upon due consideration, the Motion is GRANTED. The Initial Pretrial Conference is RESCHEDULED to December 21, 2021. In addition, the Court will hear argument on Defendants Karl R. Hade and Jacqueline C. Smith's Motions to Dismiss (ECF Nos. 22, 24, 26) on December 21, 2021 at 10:00 a.m. The Initial Pretrial Conference will immediately follow the motion hearing. It appearing appropriate to do so, Defendant Hade's Motions (ECF Nos. [13], [16]) are DENIED AS MOOT. See order for details. Signed by District Judge Henry E. Hudson on 11/16/2021. (jpow, )
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Legal Document (Payment Possibly Required) 31 Filed: 11/8/2021, Entered: 11/8/2021, Terminated: 11/16/2021 Motion for Extension
Joint MOTION for Extension to Reschedule Initial Pretrial Conference by Courthouse News Service. (Attachments: # (1) Proposed Order)(Shaw, Adam)
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Legal Document (Payment Possibly Required) 30 Filed: 11/5/2021, Entered: 11/5/2021 Order on Motion for Pro Hac ViceCourt Filing
ORDER granting [29] Motion for Jonathan Ginsberg to appear as Pro Hac Vice for Courthouse News Service. Signed by Senior United States District Judge Henry E. Hudson on 11/5/2021. (sbea)
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Legal Document (Payment Possibly Required) 29 Filed: 11/4/2021, Entered: 11/4/2021, Terminated: 11/5/2021 Motion to Appear Pro Hac Vice
Motion to appear Pro Hac Vice by Jonathan E. Ginsberg and Certification of Local Counsel Adam L. Shaw Filing fee $ 75, receipt number AVAEDC-8086297. by Courthouse News Service. (Attachments: # (1) Attachment - J. Ginsberg Bar and Court Admissions)(Shaw, Adam)
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Legal Document (Payment Possibly Required) 28 Filed: 11/2/2021, Entered: 11/2/2021 Scheduling OrderCourt Filing
SCHEDULING ORDER with Attachment # (1) Pretrial Schedule A - Initial Pretrial Conference set for 12/2/2021 at 11:00 AM before District Judge Henry E. Hudson (Order issued by deputy clerk at the direction of the Court) (rpiz)
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Legal Document (Payment Possibly Required) 27 Filed: 10/12/2021, Entered: 10/12/2021 Memorandum In Support
Memorandum in Support re [26] MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) filed by Jacqueline C. Smith. (Altmiller, John) Modified docket text on 10/14/2021 (jpow, ).
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Legal Document (Payment Possibly Required) 26 Filed: 10/12/2021, Entered: 10/12/2021, Terminated: 1/14/2022 Motion to Dismiss for Failure to State a Claim
MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) by Jacqueline C. Smith. (Altmiller, John) Modified docket text on 10/14/2021 (jpow, ).
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Legal Document (Payment Possibly Required) 25 Filed: 10/12/2021, Entered: 10/12/2021 Memorandum In Support
Memorandum in Support re [24] MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) filed by Karl R. Hade. (McEntee, Robert) Modified docket text on 10/14/2021 (jpow, ).
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Legal Document (Payment Possibly Required) 24 Filed: 10/12/2021, Entered: 10/12/2021, Terminated: 1/14/2022 Motion to Dismiss for Failure to State a Claim
MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) by Karl R. Hade. (McEntee, Robert) Modified docket text on 10/14/2021 (jpow, ).
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Legal Document (Payment Possibly Required) 23 Filed: 10/12/2021, Entered: 10/12/2021 Memorandum In Support
Memorandum in Support re [22] MOTION to Dismiss for Lack of Jurisdiction pursuant to Rule 12(b)(1) filed by Karl R. Hade. (McEntee, Robert) Modified docket text on 10/14/2021 (jpow, ).
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Legal Document (Payment Possibly Required) 22 Filed: 10/12/2021, Entered: 10/12/2021, Terminated: 1/14/2022 Motion to Dismiss/Lack of Jurisdiction
MOTION to Dismiss for Lack of Jurisdiction pursuant to Rule 12(b)(1) by Karl R. Hade. (McEntee, Robert) Modified docket text on 10/14/2021 (jpow, ).
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Blank  Filed: None, Entered: None notice of correction
Notice of Correction: Exhibits 1 and 4 in ECF [21] are incorrectly saved PDF fillable forms. The Clerk's Office has replaced exhibits 1 and 4 as nonfillable forms. The filing attorney is notified to correctly save the PDF fillable form, click on the File menu select Print, and then select your PDF writer from the Printer Name List, then click on Print or OK. No further action is required. (jpow, )
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Legal Document (Payment Possibly Required) 21 Filed: 9/14/2021, Entered: 9/14/2021 Amended Complaint
AMENDED COMPLAINT against Karl R. Hade, Jacqueline C. Smith, filed by Courthouse News Service. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Shaw, Adam) (Attachment 1 replaced on 9/15/2021) (jpow, ). (Attachment 4 replaced on 9/15/2021) (jpow, ).
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Legal Document (Payment Possibly Required) 20 Filed: 8/18/2021, Entered: 8/18/2021 order on motion for extension of time to fileCourt Filing
ORDER re: implementation of a briefing schedule regarding the filing of anAmended Complaint and anticipated motions to dismiss that Amended Complaint [19] - Based upon the agreement of the parties and for good cause shown, it is hereby ORDERED that: Plaintiff shall file its Amended Complaint on or before 9/14/2021; Defendants shall file their Answers or Motions to Dismiss on or before 10/12/2021; Any Opposition papers shall be filed on or before 11/16/2021; and Any Reply papers shall be filed on or before 11/30/2021. It is so ORDERED. Signed by District Judge Henry E. Hudson on 8/18/2021. (jpow, )
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Legal Document (Payment Possibly Required) 19 Filed: 8/18/2021, Entered: 8/18/2021, Terminated: 8/18/2021 Motion for Extension
Consent MOTION for Extension - Implementation of Briefing Schedule by Courthouse News Service. (Attachments: # (1) Proposed Order)(Shaw, Adam)
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Legal Document (Payment Possibly Required) 18 Filed: 8/10/2021, Entered: 8/10/2021 Notice of Appearance
NOTICE of Appearance by Erin Rose McNeill on behalf of Karl R. Hade (McNeill, Erin)
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Legal Document (Payment Possibly Required) 17 Filed: 8/10/2021, Entered: 8/10/2021 Memorandum In Support
Memorandum in Support re [16] MOTION to Dismiss for Failure to State a Claim filed by Karl R. Hade. (McEntee, Robert)
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Legal Document (Payment Possibly Required) 16 Filed: 8/10/2021, Entered: 8/10/2021, Terminated: 11/16/2021 Motion to Dismiss for Failure to State a Claim
MOTION to Dismiss for Failure to State a Claim by Karl R. Hade. (McEntee, Robert)
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Legal Document (Payment Possibly Required) 15 Filed: 8/10/2021, Entered: 8/10/2021 order on motion for extension of time to fileCourt Filing
ORDER - Having considered the Defendant's Unopposed Motion for Enlargement of Time to Answer or Respond to Plaintiffs Complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED [10]; and it is FURTHER ORDERED that Defendant shall answer or respond by no later than August 27, 2021. Signed by District Judge Henry E. Hudson on 8/10/2021. (jpow, )
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Legal Document (Payment Possibly Required) 14 Filed: 8/10/2021, Entered: 8/10/2021 Memorandum In Support
Memorandum in Support re [13] MOTION to Dismiss for Lack of Jurisdiction filed by Karl R. Hade. (Attachments: # (1) Exhibit A)(McEntee, Robert)
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Legal Document (Payment Possibly Required) 13 Filed: 8/10/2021, Entered: 8/10/2021, Terminated: 11/16/2021 Motion to Dismiss/Lack of Jurisdiction
MOTION to Dismiss for Lack of Jurisdiction by Karl R. Hade. (McEntee, Robert)
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Legal Document (Payment Possibly Required) 12 Filed: 8/10/2021, Entered: 8/10/2021 Notice of Appearance
NOTICE of Appearance by Robert B McEntee, III on behalf of Karl R. Hade (McEntee, Robert)
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Legal Document (Payment Possibly Required) 11 Filed: 8/9/2021, Entered: 8/9/2021 Notice of Appearance
NOTICE of Appearance by Heather R. Steele on behalf of Jacqueline C. Smith (Steele, Heather)
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Legal Document (Payment Possibly Required) 10 Filed: 8/6/2021, Entered: 8/6/2021, Terminated: 8/10/2021 Motion for Extension
Consent MOTION for Extension of Time by Defendant Jacqueline Smith to Answer or Respond to Complaint by Courthouse News Service. (Attachments: # (1) Proposed Order)(Shaw, Adam)
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Legal Document (Payment Possibly Required) 9 Filed: 8/6/2021, Entered: 8/6/2021 Notice of Appearance
NOTICE of Appearance by John Connell Altmiller, Jr on behalf of Jacqueline C. Smith (Altmiller, John)
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Blank  Filed: None, Entered: None notice of correction
Notice of Correction: Document numbers [7] and [8] were filed using the wrong docket event. For future filings the filing attorney should use the event "Summons Returned Executed." Clerk has corrected docket and set answer deadlines. (jpow, )
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Legal Document (Payment Possibly Required) 8 Filed: 7/28/2021, Entered: 7/28/2021 Affidavit of Service
SUMMONS Returned Executed, Courthouse News Service's Rule 7.1 Financial Interest Disclosure Statement, Complaint with Exhibits and Civil Cover Sheet served on Jacqueline C. Smith on 7/16/2021, answer due 8/6/2021, filed by Courthouse News Service. (Shaw, Adam) Modified on 8/4/2021 (jpow, ).
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Legal Document (Payment Possibly Required) 7 Filed: 7/28/2021, Entered: 7/28/2021 Affidavit of Service
SUMMONS Returned Executed, Courthouse News Service's Rule 7.1 Financial Interest Disclosure Statement, Complaint with Exhibits and Civil Cover Sheet served on Karl R. Hade on 7/20/2021, answer due 8/10/2021, filed by Courthouse News Service. (Shaw, Adam) Modified on 8/4/2021 (jpow, ).
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Legal Document (Payment Possibly Required) 6 Filed: 7/16/2021, Entered: 7/16/2021 Order on Motion for Pro Hac ViceCourt Filing
ORDER granting [5] Motion for Pro hac vice Heather S. Goldman for plaintiff, Courthouse News Services. Signed by District Judge Henry E. Hudson on 7/16/2021. (jpow, )
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Legal Document (Payment Possibly Required) 5 Filed: 7/15/2021, Entered: 7/15/2021, Terminated: 7/16/2021 Motion to Appear Pro Hac Vice
Motion to appear Pro Hac Vice by Heather S. Goldman and Certification of Local Counsel Adam L. Shaw Filing fee $ 75, receipt number AVAEDC-7893616. by Courthouse News Service. (Attachments: # (1) Exhibit)(Shaw, Adam)
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Legal Document (Payment Possibly Required) 4 Filed: 7/15/2021, Entered: 7/15/2021 Summons issued
Summons Issued as to Karl R. Hade and Jacqueline C. Smith. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (jpow, )
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Legal Document (Payment Possibly Required) 3 Filed: 7/15/2021, Entered: 7/15/2021 Corporate Disclosure Statement
Corporate Disclosure Statement by Courthouse News Service. (Shaw, Adam)
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Legal Document (Payment Possibly Required) 2 Filed: 7/15/2021, Entered: 7/15/2021 Proposed Summons
Proposed Summons to Defendants by Courthouse News Service. (Attachments: # (1) Proposed Summons)(Shaw, Adam)
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Legal Document (Payment Possibly Required) 1 Filed: 7/15/2021, Entered: 7/15/2021 Complaint
Complaint , filed by Courthouse News Service. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Civil Cover Sheet)(Shaw, Adam) (Attachment 3 replaced on 7/15/2021) (jpow, ).
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Blank  Filed: None, Entered: None Initial Case Assignment
Initial Case Assignment to District Judge Henry E. Hudson. (jpow, )
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Blank  Filed: None, Entered: None Electronic Fee Pay
Electronic Fee Payment - by Courthouse News Service. Filing fee $ 402, receipt number AVAEDC-7893397.. (Shaw, Adam)
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