Plaintiff McCain-Palin 2008, Inc. alleged that Defendant Virginia State Board of Elections violated the Uniform and Overseas Citizens Absentee Voting Act of 1986 by not mailing out absentee ballots to UOCAVA voters before 45 days of Election Day.
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Date Filed
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#
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Docket Text
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| November 3, 2008 |
1
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COMPLAINT against Jean Cunningham, Harold Pyon, Nancy Rodrigues ( Filing fee: $350.00; receipt number 34683001130), filed by McCain-Palin 2008, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Receipt)(jtho, ) (Entered: November 3, 2008)
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| November 3, 2008 |
2
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MOTION for Temporary Restraining Order by McCain-Palin 2008, Inc. (jtho, ) (Entered: November 3, 2008)
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| November 3, 2008 |
3
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MOTION for Preliminary Injunction by McCain-Palin 2008, Inc. (jtho, ) (Entered: November 3, 2008)
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| November 3, 2008 |
4
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Memorandum in Support of 2 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction filed by McCain-Palin 2008, Inc. (Attachments: #
1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(jtho, ) (Entered: November 3, 2008)
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| November 3, 2008 |
5
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Financial Interest Disclosure Statement (Local Rule 7.1) by McCain-Palin 2008, Inc. (jtho, ) (Entered: November 3, 2008)
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| November 3, 2008 |
6
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Summons Issued as to Jean Cunningham, Harold Pyon, Nancy Rodrigues (given to courier at counter). (jtho, ) (Entered: November 3, 2008)
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| November 3, 2008 |
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Set Deadlines as to 2 MOTION for Temporary Restraining Order: Motion Hearing set
for 11/4/2008 at 01:30 PM before District Judge Richard L. Williams. (wtuc) (Entered: November 3, 2008)
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| November 4, 2008 |
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RESET Deadline as to 2 MOTION for Temporary Restraining Order: Motion Hearing
set for 11/4/2008 to now be held at 02:00 PM before District Judge Richard L. Williams. (time changed) (wtuc) (Entered: November 4, 2008)
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| November 4, 2008 |
7
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NOTICE of Appearance by Robert A. Dybing on behalf of Jean Cunningham, Harold Pyon, Nancy Rodrigues (Dybing, Robert) (Entered: November 4, 2008)
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| November 4, 2008 |
8
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SUMMONS Returned Executed as to Jean Cunningham served on 11/3/2008, answer due 11/24/2008; Harold Pyon served on 11/3/2008, answer due 11/24/2008; Nancy Rodrigues served on 11/3/2008,
answer due 11/24/2008. (jtho, ) (Entered: November 4, 2008)
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| November 4, 2008 |
9
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Minute Entry for proceedings held before District Judge Richard L. Williams: Motion Hearing held on 11/4/2008 re 2 MOTION for Temporary Restraining Order filed by McCain-Palin 2008, Inc; order to enter
by 5 p.m. today with the Court's full ruling (Court Reporter G. Halasz, OCR.) (wtuc) (wtuc, ). (Entered: November 4, 2008)
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| November 4, 2008 |
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Set/Reset Hearings: Hearing set for 11/10/2008 at 02:30 PM before District Judge Richard L. Williams. (khan, ) (Entered: November 4, 2008)
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| November 4, 2008 |
10
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ORDER GRANTING plaintiff's 2 Motion for Temporary Restraining Order and the
3 Motion for Preliminary Injunction ; the defendants shall convey a copy of this
Order to: the local electoral boards and registrars by means of the local registrars' email addresses by 5:00 p.m. on November 5, 2008; and the clerk's of Virginia circuit courts by 5:00
p.m. November 5, 2008 or within six (6) hours of the plaintiff providing the defendants with the email addresses, or only if email addresses are unavailable, the fax numbers for these
clerks, whichever is later (see additional deadlines in Order); the defendants shall respond to the merits of this matter by 5:00 p.m. on November 6, 2008; the plaintiff's reply, if any,
is due by 1:00 p.m. on November 7, 2008. A hearing on this matter will be held at 2:30 p.m. on November 10, 2008. Signed by District Judge Richard L. Williams on 11/4/2008. Copies sent as
directed. (lhin, ) (Entered: November 4, 2008)
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| November 5, 2008 |
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Set Hearings: Omnibus Hearing RESCHEDULED for 11/17/2008 at 02:00 PM before District Judge Richard L. Williams. (wtuc) (Entered: November 5, 2008)
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| November 6, 2008 |
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Set Hearings: Omnibus Hearing RESCHEDULED for 11/17/2008 at 02:00 PM before District Judge Richard L. Williams. (wtuc) (Entered: November 6, 2008)
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| November 6, 2008 |
11
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ANSWER to Complaint with Affirmative Defenses by Jean Cunningham, Harold Pyon, Nancy Rodrigues.(Dybing, Robert) (Entered: November 6, 2008)
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| November 6, 2008 |
12
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MOTION to Dismiss by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: November 6, 2008)
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| November 6, 2008 |
13
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Memorandum in Support re 12 MOTION to Dismiss filed by Jean Cunningham, Harold
Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: November 6, 2008)
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| November 6, 2008 |
14
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(WITHDRAWN) AMENDED COMPLAINT against Jean Cunningham, Harold Pyon, Nancy Rodrigues, filed by Thelma Drake for Congress, McCain-Palin 2008, Inc.(Piepgrass, Stephen) Modified docket text
on 11/17/2008 (jtho, ). (Entered: November 6, 2008)
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| November 7, 2008 |
15
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Memorandum in Opposition re 12 MOTION to Dismiss filed by McCain-Palin 2008,
Inc.. (Piepgrass, Stephen) (Entered: November 7, 2008)
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| November 14, 2008 |
16
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MOTION to Intervene and Memorandum in Support by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Perrin, Robin) (Entered: November 14, 2008)
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| November 14, 2008 |
17
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Intervenor COMPLAINT, filed by UNITED STATES OF AMERICA.(Perrin, Robin) (Entered: November 14, 2008)
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| November 14, 2008 |
18
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MOTION for Preliminary Injunction by UNITED STATES OF AMERICA. (Perrin, Robin) ***Motion Terminated re: 18 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA. Document
terminated because incorrect document attached. Counsel will re-file motion with correct document attached momentarily. (Entered: November 14, 2008)
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| November 14, 2008 |
19
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MOTION for Preliminary Injunction by UNITED STATES OF AMERICA. (Perrin, Robin) (Entered: November 14, 2008)
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| November 14, 2008 |
20
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Memorandum in Support re 19 MOTION for Preliminary Injunction filed by UNITED
STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit, #
3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Proposed Order)(Perrin, Robin) (Entered: November 14, 2008)
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| November 14, 2008 |
21
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Memorandum in Opposition re 12 MOTION to Dismiss , Supplemental filed by
McCain-Palin 2008, Inc.. (Piepgrass, Stephen) (Entered: November 14, 2008)
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| November 14, 2008 |
22
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NOTICE by McCain-Palin 2008, Inc. re 14 Amended Complaint Withdrawal of
Proposed Amended Complaint (Piepgrass, Stephen) (Entered: November 14, 2008)
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| November 14, 2008 |
23
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Supplementary Memorandum in Support re 12 MOTION to Dismiss
Supplementary filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: November 14, 2008)
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| November 14, 2008 |
24
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Response to 16 MOTION to Intervene and Memorandum in Support filed by
Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: November 14, 2008)
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| November 16, 2008 |
25
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Memorandum in Opposition re 19 MOTION for Preliminary Injunction filed by Jean
Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: November 16, 2008)
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| November 16, 2008 |
26
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ANSWER to Intervenor Complaint by Jean Cunningham, Harold Pyon, Nancy Rodrigues.(Dybing, Robert) (Entered: November 16, 2008)
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| November 16, 2008 |
27
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MOTION to Dismiss Complaint in Intervention by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: November 16, 2008)
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| November 16, 2008 |
28
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Memorandum in Support re 27 MOTION to Dismiss Complaint in Intervention
filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: November 16, 2008)
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| November 17, 2008 |
29
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RESPONSE to Motion re 16 MOTION to Intervene and Memorandum in Support
filed by McCain-Palin 2008, Inc.. (Piepgrass, Stephen) (Entered: November 17, 2008)
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| November 17, 2008 |
30
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RESPONSE to Motion re 19 MOTION for Preliminary Injunction filed by the
United States, filed by McCain-Palin 2008, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Piepgrass, Stephen) (Entered: November 17, 2008)
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| November 17, 2008 |
31
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ORDER granting 16 United States' unopposed Motion to Intervene; grants 12 Motion to Dismiss plaintiff McCain-Palin and DENIES McCain-Palin's request to remain
in suit as a permissive intervenor; denying 19 Motion for Preliminary
Injunction and temporary restraining order; the plaintiff U.S. shall have until 12/1/08 to respond to defts'motion to dismiss its complaint; defts shall have until 12/3/08 to reply to
plaintiff's response; hearing on motion to dismiss is scheduled for 2:30 p.m on 12/8/08. Signed by District Judge Richard L. Williams on 11/17/08. (jtho, ) (Entered: November 17, 2008)
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| November 17, 2008 |
32
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Minute Entry for proceedings held before District Judge Richard L. Williams: Motion Hearing held on 11/17/2008 re 19 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA, 16 MOTION to Intervene filed by UNITED STATES OF AMERICA, 12 MOTION to Dismiss filed by Harold Pyon, Nancy Rodrigues, Jean Cunningham, 18 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA; motion to
intervene granted; motion to dismiss complaint of McCain Palin 2008, Inc. and Thelma Drake for Congress granted; Hearing on motion to dismiss govt compliant to be held Dec. 8, 2008 at
2:30 p.m.; order to enter (Court Reporter G. Halasz, OCR.) (wtuc, ) (Entered: November 17, 2008)
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| November 17, 2008 |
33
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MOTION for Pro hac vice by Alberto Ruisanchez by UNITED STATES OF AMERICA. (wtuc) (Entered: November 18, 2008)
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| November 17, 2008 |
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Set as to 27 MOTION to Dismiss Complaint in Intervention: Motion Hearing set
for 12/8/2008 at 02:30 PM before District Judge Richard L. Williams. (wtuc) (Entered: November 18, 2008)
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| November 26, 2008 |
34
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Consent MOTION to Amend/Correct 17 Intervenor Complaint by UNITED STATES OF
AMERICA. (Attachments: # 1 Exhibit First Amended Complaint, # 2
Proposed Order)(Perrin, Robin) (Entered: November 26, 2008)
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| November 26, 2008 |
35
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ORDER granting United States' 34 Consent Motion to Amend its Complaint and that
the Motion to Dismiss, Memo in Support and Answer filed by defts Cunningham, Rodrigues and Pyon is deemed to have been filed by Virginia State Board of Elections and the Commonwealth of
Virginia in response to Complaint in Intervention. Signed by District Judge Richard L. Williams on 11/26/08. (jtho, ) (Entered: November 26, 2008)
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| December 1, 2008 |
36
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Memorandum in Opposition re 27 MOTION to Dismiss Complaint in
Intervention filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Perrin, Robin) (Entered: December 1, 2008)
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| December 2, 2008 |
37
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Reply Memorandum in Support of Motion to Dismiss filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: December 2, 2008)
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| December 8, 2008 |
38
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Minute Entry for proceedings held before District Judge Richard L. Williams: Motion Hearing held on 12/8/2008 re 27 MOTION to Dismiss Complaint in Intervention filed by Harold Pyon, Nancy Rodrigues,
Jean Cunningham; motion denied (Court Reporter G. Halasz, OCR.) (wtuc) (Entered: December 8, 2008)
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| December 9, 2008 |
39
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ORDER denying 27 Motion to Dismiss; counsel are DIRECTED to jointly contact
Chambers of Honorable U.S. Magistrate Dennis W. Dohnal within ten (10) days of date of this Order to schedule settlement conference; counsel are ORDERED to have with them at settlement
conference parties with settlement authority; and what if any, additional requirements Judge Dohnal requires prior to conference. Signed by District Judge Richard L. Williams on 12/8/08.
(jtho, ) (Entered: December 9, 2008)
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| December 10, 2008 |
40
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TRANSCRIPT of Proceedings held on December 8, 2008 before Judge Richard L. Williams. Court Reporter: Gilbert F. Halasz. (15 pages, placed in brown expandable file) (jtho, ) (Entered:
12/11/2008)
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| January 23, 2009 |
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Minute Entry for proceedings held before Magistrate Judge Dennis W. Dohnal: Settlement Conference held on 1/23/2009. (2:45) (dtho, ) (Entered: April 6, 2009)
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| June 8, 2009 |
41
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MOTION for Richard Dellheim to appear Pro hac vice by UNITED STATES OF AMERICA. (jtho, ) (Entered: June 9, 2009)
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| June 10, 2009 |
42
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SO-ORDER granting 41 Motion for Richard Dellheim to appear Pro hac vice. Signed
by District Judge Richard L. Williams on 6/10/09. (jtho, ) (Entered: June 10, 2009)
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| July 17, 2009 |
43
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MOTION for Summary Judgment by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: July 17, 2009)
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| July 17, 2009 |
44
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Memorandum in Support re 43 MOTION for Summary Judgment filed by Jean
Cunningham, Harold Pyon, Nancy Rodrigues. (Attachments: # 1 Exhibit 1, Affidavit of Nancy Rodrigues, # 2 Exhibit 2, Testimony of Gail McGinn, # 3 Exhibit 3, Senate Bill
1415)(Dybing, Robert) (Entered: July 17, 2009)
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| July 21, 2009 |
45
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Consent MOTION Briefing Schedule by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Perrin, Robin) (Entered:
07/21/2009)
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| July 21, 2009 |
46
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AGREED SUMMARY JUDGMENT BRIEFING SCHEDULE ORDER; it is ORDERED that Plaintiff's Opposition and Motion for Summary Judgment, if any, shall be filed by 8/28/09; defts' Opposition and Reply
Brief, if any, shall be filed by 9/11/09; and plaintiff's reply brief, if any, shall be filed by 9/18/09. Signed by District Judge Richard L. Williams on 7/21/09. (jtho, ) (Entered:
07/21/2009)
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| August 28, 2009 |
47
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Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Defendants' Motion for Summary Judgment by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Perrin, Robin) (Entered: August 28, 2009)
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| September 1, 2009 |
48
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Memorandum in Opposition re 47 Cross MOTION for Summary Judgment and
Memorandum in Support and Opposition to Defendants' Motion for Summary Judgment and Reply Memorandum in Support of Defendants' Motion for Summary Judgment filed by Jean
Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered: September 1, 2009)
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| September 15, 2009 |
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Set as to 43 MOTION for Summary Judgment and 47 Cross MOTION for Summary Judgment: Motion Hearing set for 10/5/2009 at 10:30 AM
before District Judge Richard L. Williams. (wtuc) (Entered: September 15, 2009)
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| September 15, 2009 |
49
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Notice of Hearing Date set for 10/05/09 re 43 MOTION for Summary Judgment
(Dybing, Robert) (Entered: September 15, 2009)
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| September 18, 2009 |
50
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REPLY to Response to Motion re 47 Cross MOTION for Summary Judgment and
Memorandum in Support and Opposition to Defendants' Motion for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(Perrin, Robin) (Entered: September 18, 2009)
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| September 22, 2009 |
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Set/Reset Hearings: Settlement Conference set for 10/5/2009 at 11:00 AM before Magistrate Judge Dennis W. Dohnal. (dtho, ) (Entered: September 22, 2009)
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| October 5, 2009 |
51
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Minute Entry for proceedings held before District Judge Richard L. Williams (Court Reporter Halasz, OCR): Motion Hearing held on 10/5/2009 re 43 Motion for Summary Judgment filed by Harold Pyon, Nancy Rodrigues, Jean Cunningham
and 47 Cross Motion for Summary Judgment filed by the United States. Argument
heard. Matter taken under advisement by Court. (rpiz) (Entered: October 5, 2009)
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| October 7, 2009 |
52
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TRANSCRIPT of Proceedings held on 10/05/09, Court ReporterGil Halasz, RMR, Telephone number 804.916.2248. Transcript may be viewed at the court public terminal or purchased through the
Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2009. Redacted Transcript Deadline
set for 12/7/2009. Release of Transcript Restriction set for 1/5/2010.(halasz, gil) (Entered: October 7, 2009)
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| October 7, 2009 |
53
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Notice of Filing of Official Transcript 52 . (jtho, ) (Entered: October 7, 2009)
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| October 8, 2009 |
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Set Hearing: Conference Call set for 10/9/2009 at 2:00 PM before District Judge Richard L. Williams. (wtuc) (Entered: October 8, 2009)
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| October 14, 2009 |
54
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TRANSCRIPT of Proceedings held on 10/09/2099, before Judge Hon. Richard L. Williams. Court Reporter Gil Halasz, RMR, Telephone number 804.916.2248. Transcript may be viewed at the court
public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due
11/13/2009. Redacted Transcript Deadline set for 12/14/2009. Release of Transcript Restriction set for 1/12/2010.(halasz, gil) (Entered: October 14, 2009)
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| October 14, 2009 |
55
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Letter. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Perrin, Robin) (Entered: October 14, 2009)
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| October 15, 2009 |
56
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Notice of Filing of Official Transcript re 54 Transcript. (jtho, ) (Entered: October 15, 2009)
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| October 15, 2009 |
57
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MEMORANDUM AND OPINION. Signed by District Judge Richard L. Williams on 10/15/09. (jtho, ) (Entered: October 15, 2009)
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| October 15, 2009 |
58
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FINAL ORDER denying defendant's 43 Motion for Summary Judgment; granting
plaintiff's 47 Motion for Summary Judgment. (SEE Order for Details). Signed by
District Judge Richard L. Williams on 10/15/09. (jtho, ) (Entered: October 15, 2009)
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| November 4, 2009 |
59
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STATUS REPORT Jointly Submitted by Plaintiff and Defendant Pursuant to October 15, 2009 Final Order by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert) (Entered:
11/04/2009)
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| November 4, 2009 |
60
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NOTICE by UNITED STATES OF AMERICA regarding Future Relief (Perrin, Robin) (Entered: November 4, 2009)
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| November 12, 2009 |
61
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CONSENT ORDER. (See Order for Details). Signed by District Judge Richard L. Williams on 11/12/09. (jtho, ) (Entered: November 12, 2009)
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