4th Cir. 19-1410 Docket
Roe v. Department of Defense
No. 19-1410, Case History
Court: U.S. Court of Appeals for the Fourth Circuit
Panel: Judges James A. Wynn Jr., Albert Diaz, and Henry F. Floyd
| Date Filed | # | Docket Text |
| 04/18/2019 | 1 | Case docketed. Originating case number: 1:18-cv-01565-LMB-IDD. Case manager: JeffNeal. [19-1410] JSN [Entered: 04/18/2019 09:38 AM] |
| 04/18/2019 | 2 | DOCKETING NOTICE issued Re: [1] case Originating case number: 1:18-cv-01565-LMB-IDD. Mailed to: Andrew Sommer, Laura Cooley. [19-1410] JSN [Entered: 04/18/2019 10:01 AM] |
| 04/18/2019 | 3 | BRIEFING ORDER filed. Opening Brief and Appendix due 05/28/2019. Response Brief due 06/27/2019. Mailed to: Andrew Sommer, Laura Cooley. [19-1410] JSN [Entered: 04/18/2019 10:03 AM] |
| 04/18/2019 | 4 | APPEARANCE OF COUNSEL by James Y. Xi for DOD, Patrick M. Shanahan and Heather Wilson. [1000496591] [19-1410] James Xi [Entered: 04/18/2019 03:19 PM] |
| 04/30/2019 | 5 | APPEARANCE OF COUNSEL by Geoffrey P. Eaton for OutServe-SLDN, Richard Roe and Victor Voe. [1000503828] [19-1410] Geoffrey Eaton [Entered: 04/30/2019 02:13 PM] |
| 04/30/2019 | 6 | APPEARANCE OF COUNSEL by Lauren Gailey for OutServe-SLDN, Richard Roe and Victor Voe. [1000503829] [19-1410] Lauren Gailey [Entered: 04/30/2019 02:15 PM] |
| 04/30/2019 | 7 | DISCLOSURE OF CORPORATE AFFILIATIONS by Richard Roe. Was any question on Disclosure Form answered yes? No [1000503846] [19-1410] Lauren Gailey [Entered: 04/30/2019 02:20 PM] |
| 04/30/2019 | 8 | DISCLOSURE OF CORPORATE AFFILIATIONS by Victor Voe. Was any question on Disclosure Form answered yes? No [1000503851] [19-1410] Lauren Gailey [Entered: 04/30/2019 02:21 PM] |
| 04/30/2019 | 9 | DISCLOSURE OF CORPORATE AFFILIATIONS by OutServe-SLDN. Was any question on Disclosure Form answered yes? No [1000503855] [19-1410] Lauren Gailey [Entered: 04/30/2019 02:22 PM] |
| 05/02/2019 | 10 | APPEARANCE OF COUNSEL by Lewis S. Yelin for OutServe-SLDN and Patrick M. Shanahan and Heather Wilson. [1000505628] [19-1410] Lewis Yelin [Entered: 05/02/2019 03:49 PM] |
| 05/02/2019 | 11 | Corrected APPEARANCE OF COUNSEL by Lewis S. Yelin for DOD, Patrick M. Shanahan and Heather Wilson. [1000505639] [19-1410] Lewis Yelin [Entered: 05/02/2019 03:59 PM] |
| 05/10/2019 | 12 | DOCKETING FORMS FOLLOW-UP NOTICE ISSUED to Patrick M. Shanahan, DOD, and Heather Wilson re: filing of docketing statement Docketing statement due on 05/13/2019.[19-1410] JSN [Entered: 05/10/2019 03:23 PM] |
| 05/12/2019 | 13 | DOCKETING STATEMENT by DOD, Patrick M. Shanahan and Heather Wilson. [19-1410] James Xi [Entered: 05/12/2019 04:09 PM] |
| 05/21/2019 | 14 | APPEARANCE OF COUNSEL by Laura Cooley for OutServe-SLDN, Richard Roe and Victor Voe. [1000516330] [19-1410] Laura Cooley [Entered: 05/21/2019 11:07 AM] |
| 05/28/2019 | 15 | Joint FULL ELECTRONIC APPENDIX and full paper appendix by DOD, Heather Wilson and Patrick M. Shanahan. Method of Filing Paper Copies: mail. Date paper copies mailed dispatched or delivered to court: 05/28/2019. [1000519761] [19-1410] James Xi [Entered: 05/28/2019 01:47 PM] |
| 05/28/2019 | 16 | Joint SEALED APPENDIX VOLUME(S) (court access only) by DOD, Patrick M. Shanahan and Heather Wilson in electronic and paper format. Method of Filing Paper Copies: mail. Date Copies Mailed, Dispatched, or Delivered to court: 05/28/2019.. Filed Ex parte: N. [19-1410] James Xi [Entered: 05/28/2019 01:50 PM] |
| 05/28/2019 | 17 | CERTIFICATE OF CONFIDENTIALITY (Local Rule 25(c)) by DOD, Patrick M. Shanahan and Heather Wilson. Sealing Required: Yes. Description of document referenced by certificate: Sealed Joint Appendix Volume 4 of 5; Sealed Joint Appendix Volume 5 of 5. [19-1410] James Xi [Entered: 05/28/2019 01:55 PM] |
| 05/28/2019 | 18 | BRIEF by DOD, Patrick M. Shanahan and Heather Wilson in electronic and paper format. Type of Brief: OPENING. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 05/29/2019. [1000520044] [19-1410] James Xi [Entered: 05/28/2019 07:08 PM] |
| 05/28/2019 | 19 | Receipt of paper copy of OPENING BRIEF filed at [18] by Patrick M. Shanahan, DOD and Heather Wilson. Number of pages: [68]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 05/29/2019. [1000521617] [19-1410] JSN [Entered: 05/30/2019 11:59 AM] |
| 05/28/2019 | 20 | Receipt of paper copy of APPENDIX filed at [15], [16] by Patrick M. Shanahan, DOD and Heather Wilson. Total number of volumes (including any sealed): [5]. Total number of pages in all volumes: [1502]. Total number of sealed volumes: 2. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of copies: [4]. Received by clerk date: 05/28/2019. [1000521619] [19-1410] JSN [Entered: 05/30/2019 12:01 PM] |
| 05/30/2019 | 21 | ORDER filed [1000521625] sealing joint appendix volumes IV and V. Copies to all parties. [19-1410] JSN [Entered: 05/30/2019 12:02 PM] |
| 06/10/2019 | 22 | APPEARANCE OF COUNSEL by Kara Ingelhart for Richard Roe, OutServe-SLDN and Victor Voe. [1000527667] [19-1410] Kara Ingelhart [Entered: 06/10/2019 03:54 PM] |
| 06/10/2019 | 23 | APPEARANCE OF COUNSEL by Scott Schoettes for OutServe-SLDN, Richard Roe and Victor Voe. [1000527689] [19-1410] Scott Schoettes [Entered: 06/10/2019 04:11 PM] |
| 06/14/2019 | 24 | MOTION by OutServe-SLDN, Richard Roe and Victor Voe to extend filing time for opening brief until July 29, 2019.. Date and method of service: 06/14/2019 ecf. [1000530393] [19-1410] Geoffrey Eaton [Entered: 06/14/2019 10:44 AM] |
| 06/14/2019 | 25 | ORDER filed [1000530504] granting motion to extend filing time [24]. Number of days granted: 21. Response brief due 07/18/2019. Copies to all parties. [19-1410] TW [Entered: 06/14/2019 11:51 AM] |
| 06/20/2019 | 26 | MOTION by DOD, Patrick M. Shanahan and Heather Wilson to schedule oral argument. Argument Date or Session:.. Date and method of service: 06/20/2019 ecf. [1000534396] [19-1410] James Xi [Entered: 06/20/2019 04:20 PM] |
| 06/21/2019 | 27 | ORDER filed [1000534583] granting Motion to schedule oral argument [26]. Copies to all parties.[19-1410] JSN [Entered: 06/21/2019 09:39 AM] |
| 06/21/2019 | 28 | CASE TENTATIVELY CALENDARED for oral argument during the 9/18/19-9/20/19 argument session. Additional copies due: 06/28/2019. Notify Clerk’s Office of any scheduling conflict by: 07/01/2019. [19-1410] SCC [Entered: 06/21/2019 09:50 AM] |
| 07/09/2019 | 31 | CASE CALENDARED for oral argument. Date: 09/18/2019. Registration Time: 8:45- 9:00. Daily Arguments Begin: 9:30. Oral argument acknowledgment form due within 10 days. [19-1410] JLC [Entered: 07/09/2019 03:44 PM] |
| 07/15/2019 | 32 | ORAL ARGUMENT ACKNOWLEDGMENT by Patrick M. Shanahan, Heather Wilson and DOD. Counsel arguing: Lewis S. Yelin Opening argument time: 15 minutes Rebuttal argument time: 5 minutes . [1000547376] [19-1410] Lewis Yelin [Entered: 07/15/2019 07:19 PM] |
| 07/18/2019 | 33 | ORAL ARGUMENT ACKNOWLEDGMENT by OutServe-SLDN, Richard Roe and Victor Voe. Counsel arguing: Geoffrey P. Eaton Answering argument time: 20 minutes . [1000550036] [19-1410] Geoffrey Eaton [Entered: 07/18/2019 02:33 PM] |
| 07/18/2019 | 34 | BRIEF by OutServe-SLDN, Richard Roe and Victor Voe in electronic and paper format. Type of Brief: RESPONSE. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 07/18/2019. [1000550242] [19-1410] Geoffrey Eaton [Entered: 07/18/2019 06:50 PM] |
| 07/18/2019 | 35 | Receipt of paper copy of RESPONSE BRIEF filed at [34] by OutServe-SLDN, Richard Roe and Victor Voe. Number of pages: [84]. Sufficient: YES. Number of Copies: [4]. Received by clerk date: 07/19/2019. [1000550524] [19-1410] TW [Entered: 07/19/2019 10:28 AM] |
| 07/25/2019 | 36 | AMICUS CURIAE BRIEF by Amicus Curiae HIV Medicine Association; Amicus Curiae American Academy of HIV Medicine; Amicus Curiae GLMA: Health Professionals Advancing LGBTQ Equality; and Amicus Curiae Infectious Diseases Society of America in electronic and paper format. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 07/25/2019. [1000554332] [19-1410] Benjamin Mizer [Entered: 07/25/2019 04:19 PM] |
| 07/25/2019 | 37 | (ENTRY RESTRICTED) APPEARANCE OF COUNSEL by Richard Salgado for American Academy of HIV Medicine, GLMA: Health Professionals Advancing LGBT Equality, HIV Medicine Association and Infectious Diseases Society of America. [1000554395] [19-1410]–[Edited 07/26/2019 by TW, see ECF 39 for corrected brief and appearance entry] Richard Salgado [Entered: 07/25/2019 06:11 PM] |
| 07/25/2019 | 38 | (ENTRY RESTRICTED) AMICUS CURIAE BRIEF by American Academy of HIV Medicine, GLMA: Health Professionals Advancing LGBT Equality, HIV Medicine Association and Infectious Diseases Society of America in electronic and paper format. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 07/25/2019. [1000554396] [19-1410]–[Edited 07/26/2019 by TW, see ECF 39 for corrected brief and appearance entry] Richard Salgado [Entered: 07/25/2019 06:14 PM] |
| 07/25/2019 | 39 | AMICUS CURIAE BRIEF by The Hon. Ray Mabus, Dr. Lawrence Korb, Rear Admiral Alan M. Steinman, Captain Thomas T. Carpenter, The Hon. Eric Fanning, The Hon. Deborah James in electronic and paper format. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 07/25/2019. [1000554398] [19-1410] Richard Salgado [Entered: 07/25/2019 06:27 PM] |
| 07/25/2019 | 40 | AMICUS CURIAE BRIEF by AMICI CURIAE AIDS UNITED, THE AMERICAN PUBLIC HEALTH ASSOCIATION, DUKE LAW HEALTH JUSTICE CLINIC, SOUTHERN AIDS COALITION, THE NATIONAL ALLIANCE OF STATE & TERRITORIAL AIDS DIRECTORS, AND NMAC in electronic and paper format. Method of Filing Paper Copies: courier. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 07/25/2019. [1000554413] [19-1410] Kevin Minnick [Entered: 07/25/2019 09:58 PM] |
| 07/25/2019 | 53 | Receipt of paper copy of AMICUS BRIEF filed at [36] by American Academy of HIV Medicine, GLMA: Health Professionals Advancing LGBT Equality, HIV Medicine Association and Infectious Diseases Society of America. . Number of pages: [61]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 07/26/2019. [1000554875] [19-1410] TW [Entered: 07/26/2019 01:11 PM] |
| 07/25/2019 | 56 | Receipt of paper copy of AMICUS BRIEF filed at [40] by Aids United, American Public Health Association, Duke Law Health Justice Clinic, NMAC, Southern Aids Coalition and The National Alliance of State And Territorial Aids Directors. . Number of pages: [59]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 07/29/2019. [1000555775] [19-1410] JSN [Entered: 07/29/2019 02:13 PM] |
| 07/25/2019 | 57 | Receipt of paper copy of AMICUS BRIEF filed at [39] by Thomas T. Carpenter, Eric K. Fanning, Deborah Lee James, Lawrence J. Korb, Ray Mabus and Alan M. Steinman. . Number of pages: [26]. Sufficient: Yes. Number of copies: [5]. Received by clerk date: 07/30/2019. [1000557609] [19-1410] JSN [Entered: 07/31/2019 10:58 AM] |
| 07/26/2019 | 41 | DISCLOSURE OF CORPORATE AFFILIATIONS by Infectious Diseases Society of America. Was any question on Disclosure Form answered yes? No [1000554627] [19-1410] TW [Entered: 07/26/2019 09:58 AM] |
| 07/26/2019 | 42 | DISCLOSURE OF CORPORATE AFFILIATIONS by GLMA: Health Professionals Advancing LGBT Equality. Was any question on Disclosure Form answered yes? No [1000554629] [19-1410] TW [Entered: 07/26/2019 09:58 AM] |
| 07/26/2019 | 43 | DISCLOSURE OF CORPORATE AFFILIATIONS by American Academy of HIV Medicine. Was any question on Disclosure Form answered yes? No [1000554631] [19-1410] TW [Entered: 07/26/2019 09:59 AM] |
| 07/26/2019 | 44 | DISCLOSURE OF CORPORATE AFFILIATIONS by HIV Medicine Association. Was any question on Disclosure Form answered yes? Yes [1000554635] [19-1410] TW [Entered: 07/26/2019 10:00 AM] |
| 07/26/2019 | 45 | APPEARANCE OF COUNSEL by Peter J. Anthony for Eric K. Fanning, Thomas T. Carpenter, Deborah Lee James, Lawrence J. Korb, Ray Mabus and Alan M. Steinman. [1000554696] [19-1410] Peter Anthony [Entered: 07/26/2019 10:51 AM] |
| 07/26/2019 | 46 | DISCLOSURE OF CORPORATE AFFILIATIONS by Duke Law Health Justice Clinic. Was any question on Disclosure Form answered yes? No [1000554709] [19-1410] TW [Entered: 07/26/2019 11:02 AM] |
| 07/26/2019 | 47 | DISCLOSURE OF CORPORATE AFFILIATIONS by The National Alliance of State And Territorial Aids Directors. Was any question on Disclosure Form answered yes? No [1000554713] [19-1410] TW [Entered: 07/26/2019 11:04 AM] |
| 07/26/2019 | 48 | DISCLOSURE OF CORPORATE AFFILIATIONS by Aids United. Was any question on Disclosure Form answered yes? No [1000554717] [19-1410] TW [Entered: 07/26/2019 11:05 AM] |
| 07/26/2019 | 49 | DISCLOSURE OF CORPORATE AFFILIATIONS by Southern Aids Coalition. Was any question on Disclosure Form answered yes? No [1000554721] [19-1410] TW [Entered: 07/26/2019 11:07 AM] |
| 07/26/2019 | 50 | DISCLOSURE OF CORPORATE AFFILIATIONS by American Public Health Association. Was any question on Disclosure Form answered yes? No [1000554723] [19-1410] TW [Entered: 07/26/2019 11:07 AM] |
| 07/26/2019 | 51 | DISCLOSURE OF CORPORATE AFFILIATIONS by NMAC. Was any question on Disclosure Form answered yes? No [1000554725] [19-1410] TW [Entered: 07/26/2019 11:08 AM] |
| 07/26/2019 | 52 | ORDER filed [1000554733] granting filing of amicus curiae brief. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [19-1410] TW [Entered: 07/26/2019 11:16 AM] |
| 07/26/2019 | 54 | APPEARANCE OF COUNSEL by Joseph F. Busa for DOD, Patrick M. Shanahan and Heather Wilson. [1000554950] [19-1410] Joseph Busa [Entered: 07/26/2019 02:29 PM] |
| 07/26/2019 | 55 | MOTION by DOD, Patrick M. Shanahan and Heather Wilson to extend filing time for reply brief until August 13, 2019.. Date and method of service: 07/26/2019 ecf. [1000555164] [19-1410] Joseph Busa [Entered: 07/26/2019 06:49 PM] |
| 08/05/2019 | 58 | COURT ORDER filed [1000560073] granting Motion to extend filing time [55]. Number of days granted: 5. Reply brief due 08/13/2019. Copies to all parties. [19-1410] JSN [Entered: 08/05/2019 10:26 AM] |
| 08/13/2019 | 59 | BRIEF by DOD, Patrick M. Shanahan and Heather Wilson in electronic and paper format. Type of Brief: REPLY. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 08/14/2019. [1000566513] [19-1410] Joseph Busa [Entered: 08/13/2019 04:32 PM] |
| 08/13/2019 | 60 | Receipt of paper copy of REPLY BRIEF filed at [59] by Patrick M. Shanahan, DOD and Heather Wilson. Number of pages: [35]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 08/14/2019. [1000566953] [19-1410] JSN [Entered: 08/14/2019 10:44 AM] |
| 08/27/2019 | 61 | MOTION by OutServe-SLDN, Richard Roe and Victor Voe to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney… Date and method of service: 08/27/2019 ecf. [1000575489] [19-1410] Laura Cooley [Entered: 08/27/2019 03:19 PM] |
| 08/27/2019 | 62 | ORDER filed [1000575656] granting Motion to withdraw/relieve/substitute counsel [61]. Copies to all parties. [19-1410] JSN [Entered: 08/27/2019 05:36 PM] |
| 09/10/2019 | 63 | Calendar notice sent.. Nature of notice:. [19-1410] JLC [Entered: 09/10/2019 03:22 PM] |
| 09/18/2019 | 64 | ORAL ARGUMENT heard before the Honorable James A. Wynn, Jr., Albert Diaz and Henry F. Floyd. Attorneys arguing case: Lewis Yelin for Appellants DOD, Patrick M. Shanahan and Heather Wilson and Geoffrey Paul Eaton, Esq. for Appellees Richard Roe, OutServe-SLDN and Victor Voe. Courtroom Deputy: Carla Dietz. [1000590056] [19-1410] CAD [Entered: 09/18/2019 12:13 PM] |
| 09/23/2019 | 65 | Letter re: [64] oral argument by DOD, Patrick M. Shanahan and Heather Wilson . [1000592473] [19-1410] Lewis Yelin [Entered: 09/23/2019 12:39 PM] |
| 01/09/2020 | 66 | ORDER filed substituting party. Mark T. Esper substituted for Patrick M. Shanahan, Barbara M. Barrett substituted for Heather Wilson. Copies to all parties. [1000659165] [19-1410] JSN [Entered: 01/09/2020 02:33 PM] |
| 01/10/2020 | 67 | PUBLISHED AUTHORED OPINION filed. Originating case number: 1:18-cv-01565-LMB-IDD. [1000659532]. [19-1410] TW [Entered: 01/10/2020 09:01 AM] |
| 01/10/2020 | 68 | JUDGMENT ORDER filed. Decision: Affirmed. Originating case number: 1:18-cv-01565-LMB-IDD. Entered on Docket Date: 01/10/2020. [1000659536] Copies to all parties and the district court. [19-1410] TW [Entered: 01/10/2020 09:03 AM] |
| 01/14/2020 | 69 | AMENDING ORDER filed. Copies to all parties.[19-1410] JSN [Entered: 01/14/2020 09:49 AM] |
| 01/14/2020 | 70 | AMENDED OPINION filed amending and superseding opinion dated 01/10/2020. Originating case number: 1:18-cv-01565-LMB-IDD. Copies to all parties. [19-1410] JSN [Entered: 01/14/2020 09:50 AM] |
| 03/03/2020 | 71 | Mandate issued. Referencing: [68] Judgment Order , [69] amending order/opinion. Originating case number: 1:18-cv-01565-LMB-IDD.. [19-1410] JSN [Entered: 03/03/2020 09:55 AM] |
Last updated 04/09/2020
Reconciled with online docket 04/05/2020