E.D. Va. 1:20-cv-01141 Docket
Updegrove v. Herring
No. 1:20-cv-01141, Case History (under construction)
Court: Eastern District of Virginia (Alexandria)
Assigned to: Judge Claude M. Hilton
(previously Judge T. S. Ellis, III, reassigned 09/29/20)
Referred to: Magistrate Judge John F. Anderson
| Date Filed | # | Docket Text |
| 09/28/2020 | 1 | Complaint , Verified ( Filing fee $ 400, receipt number 0422-7420538.), filed by Robert Updegrove, Loudoun Multi-Images LLC. (Attachments: # 1 Exhibit Exhibit 1 – Editorial policy, # 2 Exhibit Exhibit 2 – Chilled statement, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Civil Cover Sheet Civ Cover Attachment – Attorneys of Record, # 5 Corporate Disclosure Stmt)(Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 2 | MOTION for Preliminary Injunction by Loudoun Multi-Images LLC, Robert Updegrove. (Attachments: # 1 Appendix Table of Contents for Linked Appendix Docs)(Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 3 | NOTICE by Loudoun Multi-Images LLC, Robert Updegrove re 2 MOTION for Preliminary Injunction Appendix Parts 1 through 3 (Attachments: # 1 Appendix Appendix Part 1, # 2 Appendix Appendix Part 2, # 3 Appendix Appendix Part 3)(Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 4 | NOTICE by Loudoun Multi-Images LLC, Robert Updegrove re 2 MOTION for Preliminary Injunction Appendix Parts 4 and 5 (Attachments: # 1 Appendix Appendix Part 4, # 2 Appendix Appendix Part 5)(Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 5 | AFFIDAVIT in Support re 2 MOTION for Preliminary Injunction Declaration of Robert Updegrove filed by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 6 | Memorandum in Support re 2 MOTION for Preliminary Injunction filed by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 7 | Proposed Summons re 1 Complaint, to Mark R. Herring by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 8 | Proposed Summons re 1 Complaint, to R. Thomas Payne II by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 9 | Motion to appear Pro Hac Vice by David Andrew Cortman and Certification of Local Counsel C. Douglas Welty Filing fee $ 75, receipt number 0422-7420585. by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 10 | Motion to appear Pro Hac Vice by Jonathan Andrew Scruggs and Certification of Local Counsel C. Douglas Welty Filing fee $ 75, receipt number 0422-7420586. by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | 11 | Motion to appear Pro Hac Vice by Johannes Sten Widmalm-Delphonse and Certification of Local Counsel C. Douglas Welty Filing fee $ 75, receipt number 0422-7420587. by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) (Entered: 09/28/2020) |
| 09/28/2020 | Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge John F. Anderson. (dvanm, ) (Entered: 09/29/2020) | |
| 09/29/2020 | Notice of Correction re attachment to Civil Cover Sheet for 1 Complaint. The filing user has been notified that each attorney listed on the attachment must file their individual Notice of Appearance, using their CM/ECF credentials. (dvanm, ) (Entered: 09/29/2020) | |
| 09/29/2020 | Notice of Correction re 2 MOTION for Preliminary Injunction. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, ) (Entered: 09/29/2020) | |
| 09/29/2020 | Case Reassigned to District Judge Claude M. Hilton. District Judge T. S. Ellis, III no longer assigned to the case. (aott, ) (Entered: 09/29/2020) | |
| 09/30/2020 | 12 | Summons Issued as to Mark R. Herring, R. Thomas Payne, II. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 09/30/2020) |
| 10/02/2020 | 13 | ORDER granting 10 Motion for Pro hac vice as to Jonathan Andrew Scruggs. Signed by District Judge Claude M. Hilton on 10/2/2020. (dvanm, ) (Entered: 10/02/2020) |
| 10/02/2020 | 14 | ORDER granting 11 Motion for Pro hac vice as to Johannes Sten Widmalm-Delphonse. Signed by District Judge Claude M. Hilton on 10/2/2020. (dvanm, ) (Entered: 10/02/2020) |
| 10/02/2020 | 15 | ORDER granting 9 Motion for Pro hac vice as to David Andrew Cortman. Signed by District Judge Claude M. Hilton on 10/2/2020. (dvanm, ) (Entered: 10/02/2020) |
| 10/08/2020 | 16 | NOTICE of Appearance by Jessica Merry Samuels on behalf of Mark R. Herring, R. Thomas Payne, II (Samuels, Jessica) (Entered: 10/08/2020) |
| 10/08/2020 | 17 | NOTICE of Appearance by Martine Elizabeth Cicconi on behalf of Mark R. Herring, R. Thomas Payne, II (Cicconi, Martine) (Entered: 10/08/2020) |
| 10/08/2020 | 18 | Joint MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 2 MOTION for Preliminary Injunction and to Set Combined Briefing Schedule and Consolidated Hearing by Mark R. Herring, R. Thomas Payne, II. (Attachments: # 1 Proposed Order)(Samuels, Jessica) (Entered: 10/08/2020) |
| 10/09/2020 | 19 | ORDER granting 18 Motion to Set Combined Briefing Schedule and Consolidated Hearing. Signed by District Judge Claude M. Hilton on 10/9/2020. (see order for details) (dvanm, ) (Entered: 10/09/2020) |
| 10/09/2020 | Set Deadlines as to 2 MOTION for Preliminary Injunction . Motion Hearing set for 1/15/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (motion to dismiss forthcoming but to be heard at same time) (dvanm, ) (Entered: 10/09/2020) | |
| 11/16/2020 | 20 | Memorandum in Opposition re 2 MOTION for Preliminary Injunction filed by Mark R. Herring, R. Thomas Payne, II. (Attachments: # 1 Exhibit A – Siddiqui Declaration)(Samuels, Jessica) (Entered: 11/16/2020) |
| 11/16/2020 | 21 | MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Mark R. Herring, R. Thomas Payne, II. (Samuels, Jessica) (Entered: 11/16/2020) |
| 11/16/2020 | 22 | Memorandum in Support re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Mark R. Herring, R. Thomas Payne, II. (Attachments: # 1 Exhibit A – Siddiqui Declaration)(Samuels, Jessica) (Entered: 11/16/2020) |
| 11/16/2020 | 23 | Notice of Hearing Date re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Samuels, Jessica) (Entered: 11/16/2020) |
| 11/17/2020 | Set Deadlines as to 21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 1/15/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, ) (Entered: 11/17/2020) | |
| 11/23/2020 | 24 | MOTION for Leave to File Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Virginia in Support of Defendants by American Civil Liberties Union of Virginia, American Civil Liberties Union. (Attachments: # 1 Proposed Order, # 2 Proposed Amicus Brief)(Tortoriello, Nicole) (Entered: 11/23/2020) |
| 11/23/2020 | 25 | NOTICE of Appearance by Nicole Gloria Tortoriello on behalf of American Civil Liberties Union, American Civil Liberties Union of Virginia (Tortoriello, Nicole) (Entered: 11/23/2020) |
| 11/23/2020 | 26 | Motion to appear Pro Hac Vice by Lindsey Kaley and Certification of Local Counsel Nicole Tortoriello Filing fee $ 75, receipt number 0422-7511004. by American Civil Liberties Union, American Civil Liberties Union of Virginia. (Tortoriello, Nicole) (Entered: 11/23/2020) |
| 11/23/2020 | 27 | Financial Interest Disclosure Statement (Local Rule 7.1) by American Civil Liberties Union, American Civil Liberties Union of Virginia. (Tortoriello, Nicole) (Entered: 11/23/2020) |
| 11/23/2020 | 28 | NOTICE of Appearance by Eden Brooke Heilman on behalf of American Civil Liberties Union of Virginia (Heilman, Eden) (Entered: 11/23/2020) |
| 11/23/2020 | 29 | Consent MOTION for Leave to File Amicus Brief by Americans United for Separation of Church & State. (Attachments: # 1Supplement Proposed amicus brief, # 2 Proposed Order, # 3Supplement Financial disclosure statement)(Glasberg, Victor) (Entered: 11/23/2020) |
| 11/23/2020 | 30 | NOTICE by Americans United for Separation of Church & State re 29 Consent MOTION for Leave to File Amicus Brief WAIVER OF HEARING (Glasberg, Victor) (Entered: 11/23/2020) |
| 11/24/2020 | Notice of Correction re 24 MOTION for Leave to File Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Virginia in Support of Defendants. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, ) (Entered: 11/24/2020) | |
| 11/24/2020 | 31 | NOTICE by American Civil Liberties Union, American Civil Liberties Union of Virginia re 24 MOTION for Leave to File Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Virginia in Support of Defendants Waiver of Oral Argument (Tortoriello, Nicole) (Entered: 11/24/2020) |
| 11/30/2020 | 32 | ORDER granting 26 Motion for Pro hac vice as to Lindsey Kaley. Signed by District Judge Claude M. Hilton on 11/30/2020. (dvanm, ) (Entered: 11/30/2020) |
| 11/30/2020 | 33 | ORDER granting 29 Consent MOTION for Leave to File Amicus Brief. Signed by District Judge Claude M. Hilton on 11/30/2020. (dvanm, ) (Entered: 11/30/2020) |
| 11/30/2020 | 34 | ORDER granting 24 MOTION OF AMICI CURIAE FOR LEA VE TO FILE BRIEF INSUPPORT OF DEFENDANT. Signed by District Judge Claude M. Hilton on 11/30/2020. (dvanm, ) (Entered: 11/30/2020) |
| 12/01/2020 | 35 | Motion to appear Pro Hac Vice by Richard Brian Katskee and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-7520291. by Americans United for Separation of Church & State. (Glasberg, Victor) Modified text on 12/1/2020 to correct filer per counsel (klau, ). (Entered: 12/01/2020) |
| 12/01/2020 | 36 | Motion to appear Pro Hac Vice by Sara Ruth Goetz and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-7520316. by Americans United for Separation of Church & State. (Glasberg, Victor) Modified text on 12/1/2020 to correct filer per counsel (klau, ). (Entered: 12/01/2020) |
| 12/01/2020 | 37 | Motion to appear Pro Hac Vice by Kenneth Dale Upton, Jr. and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-7520322. by Americans United for Separation of Church & State. (Glasberg, Victor) Modified text on 12/1/2020 to correct filer per counsel (klau, ). (Entered: 12/01/2020) |
| 12/01/2020 | 38 | ORDER granting 35 Motion for Pro hac vice as to Richard Brian Katskee. Signed by Magistrate Judge John F. Anderson on 12/1/2020. (dvanm, ) (Entered: 12/01/2020) |
| 12/01/2020 | 39 | ORDER granting 36 Motion for Pro hac vice as to Sara Ruth Goetz. Signed by Magistrate Judge John F. Anderson on 12/1/2020. (dvanm, ) (Entered: 12/01/2020) |
| 12/01/2020 | 40 | ORDER granting 37 Motion for Pro hac vice as to Kenneth Dale Upton, Jr.. Signed by Magistrate Judge John F. Anderson on 12/1/2020. (dvanm, ) (Entered: 12/01/2020) |
| 12/14/2020 | 41 | Amicus Brief by North Carolina Values Coalition, Institute for Faith and Family . (Attachments: # 1 Exhibit Amici Curiae Brief, # 2 Proposed Order)(Thetford, William) (Entered: 12/14/2020) |
| 12/14/2020 | 42 | Incorrect document was attached for this filing. The electronic document has been removed. The filing user has been notified to refile the document.NOTICE of Appearance by Steven Werner Fitschen on behalf of Robert Updegrove (Fitschen, Steven) (Main Document 42 replaced on and Modified on 12/15/2020 (ldab, ). (Entered: 12/14/2020) |
| 12/14/2020 | 43 | Incorrect document was attached for this filing. The electronic document has been removed. The filing user has been notified to refile the document. NOTICE of Appearance by Steven Werner Fitschen on behalf of Robert Updegrove (Fitschen, Steven) (Main Document 43 replaced on and Modified on 12/15/2020 (ldab, ) (Entered: 12/14/2020) |
| 12/14/2020 | 44 | NOTICE of Appearance by Steven Werner Fitschen on behalf of The Family Foundation, et al. (Fitschen, Steven) (Entered: 12/14/2020) |
| 12/14/2020 | 45 | Amicus Brief by The Family Foundation, et al. with Consent Motion. (Attachments: # 1 Supplement Financial Disclosure, # 2 Proposed Order Proposed Order)(Fitschen, Steven) (Entered: 12/14/2020) |
| 12/14/2020 | 46 | REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Robert Updegrove. (Welty, Charles) (Entered: 12/14/2020) |
| 12/14/2020 | 47 | RESPONSE in Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Robert Updegrove. (Welty, Charles) (Entered: 12/14/2020) |
| 12/15/2020 | 48 | Consent MOTION for Leave to Appear as Counsel by The Family Foundation, et al.. (Davids, James) (Entered: 12/15/2020) |
| 12/16/2020 | 49 | NOTICE of Appearance by William Randolph Thetford, Jr on behalf of Institute for Faith and Family, North Carolina Values Coalition (Thetford, William) (Entered: 12/16/2020) |
| 12/16/2020 | 50 | NOTICE by Institute for Faith and Family, North Carolina Values Coalition re 41 Amicus Brief waiver of oral argument re Motion for Leave to File (Thetford, William) (Entered: 12/16/2020) |
| 12/23/2020 | 51 | REPLY to Response to Motion re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Mark R. Herring, R. Thomas Payne, II. (Samuels, Jessica) (Entered: 12/23/2020) |
| 01/06/2021 | 52 | ORDERED that 41 the Motion is GRANTED, and the Amicus Curiae Brief submitted by NCVC and IFF is deemed submitted and shall be considered part of the record in this matter. Signed by District Judge Claude M. Hilton on 01/06/2021. (dvanm, ) (Entered: 01/06/2021) |
| 01/06/2021 | 53 | ORDERED that 45 The Motion is GRANTED. The proposed brief submitted simultaneously with the Motion shall be filed in this action upon entry of this Order. Signed by District Judge Claude M. Hilton on 01/06/2021. (dvanm, ) (Entered: 01/06/2021) |
Last updated 01/13/2021
Reconciled with online docket 01/11/2021