Plaintiff Betty J. Ostergren challenged a Virginia statute that prohibited individuals from disseminating public records containing Social Security Numbers.
|
Date Filed
|
#
|
Docket Text
|
| June 11, 2008 |
1
|
VERIFIED COMPLAINT against Robert F. McDonnell ( Filing fee: $ 350.00; receipt number 300005301), filed by Betty J. Ostergren. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jtho, ) (Entered: June 11, 2008)
|
| June 11, 2008 |
2
|
MOTION for Temporary Restraining Order by Betty J. Ostergren. (jtho, ) (Entered: June 11, 2008)
|
| June 11, 2008 |
3
|
MOTION for Preliminary Injunction by Betty J. Ostergren. (jtho, ) (Entered: June 11, 2008)
|
| June 11, 2008 |
4
|
Memorandum in Support of 2 MOTION for Temporary Restraining Order or 3 MOTION for Preliminary Injunction filed by Betty J. Ostergren. (jtho, ) (Entered:
06/11/2008)
|
| June 11, 2008 |
5
|
Summons Issued as to Robert F. McDonnell (given to atty. at counter) (jtho, ) (Entered: June 11, 2008)
|
| June 12, 2008 |
6
|
SUMMONS Returned Executed as to Robert F. McDonnell served on 6/11/2008, answer due 7/1/2008. (jtho, ) (Entered: June 12, 2008)
|
| June 16, 2008 |
|
Set/Reset Deadlines as to 2 MOTION for Temporary Restraining Order. Motion
Hearing set for 6/30/2008 at 09:30 AM before Robert E. Payne. (sneal, ) (Entered: June 16, 2008)
|
| June 16, 2008 |
7
|
ORDER defendant file a brief in opposition to Plaintiff's Motion for Temporary Restraining Order or Preliminary Injunction; Pltf file reply brief by June 25, 2008; Parties shall appear
before the Court on June 30, 2008 at 9:30 for oral argument. Signed by Robert E. Payne on 6/13/2008. (cgar) (Entered: June 16, 2008)
|
| June 23, 2008 |
8
|
RESPONSE to Motion re 2 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction filed by Robert F. McDonnell. (Ingold, James)
(Entered: June 23, 2008)
|
| June 25, 2008 |
9
|
REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by
Betty J. Ostergren. (Glenberg, Rebecca) (Entered: June 25, 2008)
|
| June 30, 2008 |
10
|
Minute Entry for proceedings held before Robert E. Payne: Plaintiff with counsel. Defendant by counsel. Motion Hearing held on 6/30/2008 re 3 MOTION for Preliminary Injunction filed by Betty J. Ostergren. (Court Reporter Diane
Daffron, OCR.) (sneal, ) (Entered: June 30, 2008)
|
| July 1, 2008 |
11
|
ORDER denying as moot 3 Motion for Preliminary Injunction; denying as moot
2 Motion for TRO ; Pltf file opening brief by July 7, 2008, deft file response
by July 14, 2008 and the pltf file reply by July 18, 2008. It is ORDERED that a hearing, if necessary, shall be held on July 24, 2008 at 1:30 PM. Signed by Robert E. Payne on 6/30/2008.
(cgar) (Entered: July 1, 2008)
|
| July 2, 2008 |
12
|
TRANSCRIPT of Proceedings (Motions) held on June 30, 2008 before Judge Robert E. Payne. Court Reporter: Diane J. Daffron, RPR. (Pages 1-78) (cgar) (Entered: July 3, 2008)
|
| July 7, 2008 |
13
|
STIPULATION by Betty J. Ostergren. (Glenberg, Rebecca) (Entered: July 7, 2008)
|
| July 7, 2008 |
14
|
TRIAL BRIEF by Betty J. Ostergren. (Attachments: # 1 Affidavit of Betty J. Ostergren)(Glenberg, Rebecca) (Entered: July 7, 2008)
|
| July 14, 2008 |
15
|
Rebuttal Brief re 3 MOTION for Preliminary Injunction in Response to
Plaintiff's pre-trial brief filed by Robert F. McDonnell. (Ingold, James) (Entered: July 14, 2008)
|
| July 14, 2008 |
16
|
AFFIDAVIT in Support of Defendant's 15 Pre-Trial Brief filed by Robert F.
McDonnell. (Attachments: # 1 Exhibit Redaction List)(Ingold, James) Modified and corrected docket by clerk on 7/16/2008 (jtho,
). (Entered: July 14, 2008)
|
| July 16, 2008 |
|
Notice of Correction to 16 Affidavit in Opposition to Motion; notified filing
atty. that on any future filings, the "Affidavit" should be attached as exhibit to pleading with certificate of service and nine element signature block. (jtho, ) (Entered: July 16, 2008)
|
| July 17, 2008 |
17
|
ORDER as set forth on telephone conference on 7/17/08; it is ORDERED that plaintiff shall file her opening brief by 7/25/08; deft shall file any response by 8/1/08; and plaintiff shall
file any reply by 8/5/08; it is also ORDERED that hearing currently scheduled for 7/24/08 shall be continued to 8/14/08 at 1:30 p.m. Signed by District Judge Robert E. Payne on 7/17/08.
(jtho, ) (Entered: July 17, 2008)
|
| July 18, 2008 |
18
|
TRIAL BRIEF Reply by Betty J. Ostergren. (Glenberg, Rebecca) (Entered: July 18, 2008)
|
| July 23, 2008 |
19
|
ORDER in the briefing to be submitted pursuant to the Ordere entered on 7/17/08, it is hereby ORDERED that in brief to be filed on 8/1/08, deft shall address issues raised in plaintiff's
brief...(SEE ORDER FOR DETAILS); it is further ORDERED that plaintiff shall respond to those issues in her brief to be filed on 8/5/08. Signed by District Judge Robert E. Payne on
7/23/08. (jtho, ) (Entered: July 23, 2008)
|
| July 25, 2008 |
20
|
TRIAL BRIEF on the Issue of Standing by Betty J. Ostergren. (Glenberg, Rebecca) (Entered: July 25, 2008)
|
| July 29, 2008 |
|
Set/Reset Hearings: Bench Trial set for 8/14/2008 at 01:30 PM before District Judge Robert E. Payne. (sneal, ) (Entered: July 29, 2008)
|
| August 1, 2008 |
21
|
Response Brief on Standing/Cohen v. Cowles filed by Robert F. McDonnell. (Ingold, James) (Entered: August 1, 2008)
|
| August 5, 2008 |
22
|
Reply to 21 Response on Standing and Cohen v. Cowles filed by Betty J.
Ostergren. (Glenberg, Rebecca) (Entered: August 5, 2008)
|
| August 15, 2008 |
23
|
Minute Entry for proceedings held before District Judge Robert E. Payne: Parties by counsel. Matter came on for a trial on the merits. No evidence presented, just arguments by counsel.
Case taken under advisement by the Court. Bench Trial held on 8/15/2008. (Court Reporter Peppy Strahan, OCR.) (sneal, ) (Entered: August 15, 2008)
|
| August 22, 2008 |
24
|
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 8/22/2008. (lhin, ) (Entered: August 22, 2008)
|
| August 22, 2008 |
25
|
ORDER: For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that Virginia Code Section 59.1-443.2 is unconstitutional as to the plaintiff's website,
www.TheVirginiaWatchdog.com as it existed on the date that this action was filed. It is further ORDERED that, by August 31, 2008, the parties agree upon the form of a limited injunction
and submit an order reflecting that agreement, or that, by August 31, 2008, the plaintiff shall file a brief on the propriety and scope of injunctive relief; that, by September 20, 2008,
the defendant shall file a brief in response; and that, by September 30, 2008, the plaintiff shall file a reply brief. Signed by District Judge Robert E. Payne on 8/22/2008. (lhin, )
(Entered: August 22, 2008)
|
| September 2, 2008 |
26
|
TRIAL BRIEF on Injunctive Relief by Betty J. Ostergren. (Glenberg, Rebecca) (Entered: September 2, 2008)
|
| September 22, 2008 |
27
|
Response to 26 Trial Brief Response Brief filed by Robert F. McDonnell.
(Ingold, James) (Entered: September 22, 2008)
|
| September 30, 2008 |
28
|
TRIAL BRIEF on Injunctive Relief - Reply by Betty J. Ostergren. (Glenberg, Rebecca) (Entered: September 30, 2008)
|
| October 6, 2008 |
|
for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 10/6/2008. (sneal, ) (Entered: November 3, 2008)
|
| October 7, 2008 |
|
for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 10/7/2008. (sneal, ) (Entered: November 3, 2008)
|
| October 8, 2008 |
29
|
ORDER parties shall hold a conference call with the Court on Oct. 14, 2008 at 2:00 PM; Parties shall submit to the Court a written discovery plan by Oct. 13, 2008 concerning discovery for
an evidentiary hearing on the scope of the injunction to be granted in this case. Signed by District Judge Robert E. Payne on 10/8/2008. (cgar) (Entered: October 8, 2008)
|
| October 14, 2008 |
30
|
JOINT Discovery Plan by Betty J. Ostergren and Robert F. McDonnell.(Glenberg, Rebecca) Modified on 10/15/2008 (cgar). (Entered: October 14, 2008)
|
| October 14, 2008 |
|
for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 10/14/2008. (sneal, ) (Entered: November 3, 2008)
|
| October 15, 2008 |
31
|
ORDER that the hearing on the plaintiff's Motion for Permanent Injunction shall be held on 2/24/09 at 9:30 a.m. and will continue on 2/25/09, if required; the Discovery Plan 30 is approved. Signed by District Judge Robert E. Payne on 10/15/08. (jtho, )
(Entered: October 15, 2008)
|
| November 17, 2008 |
32
|
Consent MOTION for Discovery Plan Adjustment by Robert F. McDonnell. (Attachments: # 1 Proposed Order)(Ingold, James)
(Entered: November 17, 2008)
|
| November 17, 2008 |
33
|
Joint MOTION for Discovery Plan Adjustment by Robert F. McDonnell. (Attachments: # 1 Proposed Order)(Ingold, James)
(Entered: November 17, 2008)
|
| November 25, 2008 |
34
|
ORDER granting 32 Consent Motion for Discovery; denying as moot 33 Motion for Discovery. Signed by District Judge Robert E. Payne on 11/24/08. (jtho, )
(Entered: November 25, 2008)
|
| December 12, 2008 |
35
|
Consent MOTION for Extension of Discovery deadlines by Robert F. McDonnell. (Attachments: # 1 Proposed Order on
Discovery deadlines)(Ingold, James) (Entered: December 12, 2008)
|
| December 12, 2008 |
36
|
Consent MOTION for Extension of Discovery deadlines by Robert F. McDonnell. (Attachments: # 1 Proposed Order on
Discovery deadlines)(Ingold, James) (Entered: December 12, 2008)
|
| December 15, 2008 |
37
|
ORDER granting 36 Consent Motion to govern discovery (See Order for details).
Signed by District Judge Robert E. Payne on 12/15/2008. (cgar) (Entered: December 15, 2008)
|
| February 2, 2009 |
38
|
Consent MOTION for Extension of Time to Complete Discovery by Betty J. Ostergren, Robert F. McDonnell. (Attachments: # 1
Proposed Order)(Glenberg, Rebecca) (Entered: February 2, 2009)
|
| February 5, 2009 |
39
|
MOTION in Limine by Betty J. Ostergren. (Glenberg, Rebecca) (Entered: February 5, 2009)
|
| February 5, 2009 |
40
|
Memorandum in Support re 39 MOTION in Limine filed by Betty J. Ostergren.
(Attachments: # 1 Exhibit)(Glenberg, Rebecca) (Entered: February 5, 2009)
|
| February 9, 2009 |
41
|
RESPONSE to Motion re 39 MOTION in Limine filed by Robert F. McDonnell.
(Ingold, James) (Entered: February 9, 2009)
|
| February 11, 2009 |
42
|
ORDER GRANTING the 38 CONSENT Motion for Extension of Time to Complete
Discovery; the parties shall conclude all depositions by February 19, 2009. Signed by District Judge Robert E. Payne on 2/10/2009. (lhin, ) (Entered: February 11, 2009)
|
| February 12, 2009 |
43
|
STIPULATION by Robert F. McDonnell. (Ingold, James) (Entered: February 12, 2009)
|
| February 12, 2009 |
44
|
REPLY to Response to Motion re 39 MOTION in Limine filed by Betty J. Ostergren.
(Glenberg, Rebecca) (Entered: February 12, 2009)
|
| February 23, 2009 |
45
|
AFFIDAVIT in Opposition re 39 MOTION in Limine F.R.E. 902(11) Declaration of
F.R.E. 803(6) business record filed by Robert F. McDonnell. (Ingold, James) (Entered: February 23, 2009)
|
| February 23, 2009 |
46
|
Exhibit List by Betty J. Ostergren.. (Glenberg, Rebecca) (Entered: February 23, 2009)
|
| February 23, 2009 |
47
|
Discovery Designation by Robert F. McDonnell. (Attachments: # 1 De bene esse deposition)(Ingold, James) (Entered: February 23, 2009)
|
| February 23, 2009 |
48
|
Exhibit List by Robert F. McDonnell.. (Attachments: # 1 Exhibit B, # 2 Exhibit C)(Ingold, James) (Entered: February 23, 2009)
|
| February 24, 2009 |
|
Set/Reset Deadlines as to Motion Hearing set for 2/24/2009 at 09:30 AM before District Judge Robert E. Payne. (sneal, ) (Entered: February 24, 2009)
|
| February 24, 2009 |
|
Set/Reset Hearings: Motion Hearing set for 2/24/2009 at 10:30 AM before District Judge Robert E. Payne. (sneal, ) (Entered: February 24, 2009)
|
| February 24, 2009 |
49
|
Minute Entry for proceedings held before District Judge Robert E. Payne: Motion Hearing held on 2/24/2009 re 3 MOTION for Preliminary Injunction filed by Betty J. Ostergren. Motion taken under
advisement by the Court. (Court Reporter Peppy Strahan, OCR.) (sneal, ) (sneal, ). (Entered: February 24, 2009)
|
| February 26, 2009 |
50
|
ORDER denying 39 plaintiff's Motion in Limine. Signed by District Judge Robert
E. Payne on 2/24/09. (jtho, ) (Entered: February 26, 2009)
|
| May 14, 2009 |
51
|
NOTICE of Appearance by Stephen R. McCullough on behalf of Robert F. McDonnell (McCullough, Stephen) (Entered: May 14, 2009)
|
| May 27, 2009 |
52
|
MOTION to Withdraw as Attorney by James V. Ingold as to Robert F. McDonnell. (Ingold, James) (Entered: May 27, 2009)
|
| June 2, 2009 |
53
|
MEMORANDUM AND OPINION. Signed by District Judge Robert E. Payne on 6/2/09. (jtho, ) (Entered: June 2, 2009)
|
| June 2, 2009 |
54
|
ORDER granting 52 Motion to Withdraw as Attorney. Attorney Stephen R.
McCullough terminated. Signed by District Judge Robert E. Payne on 6/2/2009. (cgar) Modified on 6/24/2009 to terminate James V. Ingold, Esq. pursuant to Order entered 6/2/2009. Stephen R.
McCullough continues as lead counsel pursuant to docket no. 51 (cmcc, ). (Entered: June 2, 2009)
|
| June 2, 2009 |
55
|
ORDER as set forth Memorandum Opinion, it is hereby ORDERED that deft is permanently enjoined from enforcement of Va. Code. Section 59.1-443.2 against any iteration of plaintiff's
website, now or in the future, that simply republishes publicly obtainable documents containing unredacted SSNs of Virginia legislators, Virginia Executive Officers or Clerks of Court as
part as an effort to reform Virginia law and practice respecting publiction of SSNs online. Signed by District Judge Robert E. Payne on 6/2/09. (jtho, ) (Entered: June 2, 2009)
|
| June 24, 2009 |
56
|
NOTICE OF APPEAL by Robert F. McDonnell. (McCullough, Stephen) (Entered: June 24, 2009)
|
| June 24, 2009 |
57
|
USCA Appeal Fees received $ 455.00 receipt number 34683004206 re 56 Notice of
Appeal filed by Robert F. McDonnell (cgar) (Entered: June 24, 2009)
|
| June 24, 2009 |
|
Notice of Correction: Defendant counsel Ingold was terminated and McCullough has been correctly listed as lead counsel pursuant to phone call and documents 51, 52, and 54. (cmcc, )
(Entered: June 24, 2009)
|
| June 25, 2009 |
58
|
Transmission of Interlocutory Notice of Appeal to US Court of Appeals re 56
Notice of Appeal (lbre, ) (Entered: June 25, 2009)
|
| June 29, 2009 |
|
USCA Case Number 09-1723, Case Manager Jeff Neal for 58 Transmission of Notice
of Appeal to 4CCA. (jgra, ) (Entered: June 29, 2009)
|
| June 30, 2009 |
59
|
TRANSCRIPT REQUEST by Robert F. McDonnell for proceedings held on 8/14/08 and 2/24/09 before Judge Robert E. Payne, re 56 Notice of Appeal Transcript due by 7/30/2009. (McCullough, Stephen) (Entered:
06/30/2009)
|
| July 8, 2009 |
60
|
NOTICE OF CROSS APPEAL as to 55 Order,, by Betty J. Ostergren. (Glenberg,
Rebecca) (Entered: July 8, 2009)
|
| July 9, 2009 |
61
|
Transmission of Notice of Cross Appeal to US Court of Appeals re 60 Notice of
Cross Appeal (lbre, ) (Entered: July 9, 2009)
|
| July 9, 2009 |
62
|
USCA Appeal Fees received $ 455.00, receipt number 34683004402 re 60 Notice of
Cross Appeal filed by Betty J. Ostergren (cgar) (Entered: July 9, 2009)
|
| July 13, 2009 |
63
|
AGREED ORDER REGARDING ATTORNEY'S FEES AND COSTS; it is hereby ORDERED that deft shall pay plaintiffs $17,318.86 for plaintiff's attorney's fees and costs to date; this Order shall be
stayed pending appeal; if plaintiff is prevailing party, deft shall pay plaintiff's attorney's fees and costs in amount of $17,318.86, plus interest at rate of 0.48% (accruing from date
of this Order), within sixty (60) days of final resolution of the case, and plaintiff may petition the Court for additional fees and costs incurred on appeal; (SEE ORDER FOR DETAILS).
Signed by District Judge Richard L. Williams on 7/13/09. (jtho, ) (Entered: July 13, 2009)
|
| July 14, 2009 |
64
|
ORDER of USCA The Court consolidates Case No. 09-1723 and Case No. 09-1796 as to 56 Notice of Appeal filed by Robert F. McDonnell, 60 Notice of Cross Appeal filed by Betty J. Ostergren (mful, ) (Entered: July 16, 2009)
|
| July 16, 2009 |
|
USCA Case Number 09-1796 USCA Case manager Jeff Neal for 60 Notice of Cross
Appeal filed by Betty J. Ostergren. (mful, ) (Entered: July 16, 2009)
|
| July 27, 2009 |
65
|
TRANSCRIPT of proceedings for dates of August 14, 2008, before Judge Robert E. Payne, re 56 Notice of Appeal, 60 Notice of Cross Appeal Court Reporter/Transcriber Peppy Strahan, Telephone number
(804) 916-2267. The transcript is a paper document which may be viewed at the Clerk's Office. (one volume, 90 pages placed in brown expandable). (jtho, ) (Entered: July 28, 2009)
|
| July 27, 2009 |
66
|
TRANSCRIPT of proceedings for dates of February 24, 2009, before Judge Robert E. Payne, re 56 Notice of Appeal, 60 Notice of Cross Appeal Court Reporter/Transcriber Peppy Strahan, Telephone number
(804) 916-2267. The transcript is a paper document which may be viewed at the Clerk's Office. (one volume, 84 pages placed in brown expandable)(jtho, ) (Entered: July 28, 2009)
|
