E.D. Va. 1:18-cv-00641 Docket
Harrison v. Austin
(previously Harrison v. Mattis, Harrison v. Shanahan, and Harrison v. Spencer)
No. 1:18-cv-00641, Case History (under construction)
Court: Eastern District of Virginia (Alexandria)
Assigned to: Judge Leonie M. Brinkema
Referred to: Magistrate Judge Ivan D. Davis
| Date Filed | # | Docket Text |
| 05/30/2018 | 1 | COMPLAINT against Mark Esper, James N. Mattis, U.S. Department of Defense ( Filing fee $ 400, receipt number 0422-6106987.), filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Civil Cover Sheet)(dvanm, ) (Entered: 05/30/2018) |
| 05/30/2018 | 2 | Financial Interest Disclosure Statement (Local Rule 7.1) by OutServe-SLDN, Inc. (dvanm, ) (Entered: 05/30/2018) |
| 05/30/2018 | 3 | NOTICE of Appearance by John Webster Hunter Harding on behalf of Nick Harrison, OutServe-SLDN, Inc. (Harding, John) (Entered: 05/30/2018) |
| 05/30/2018 | 4 | NOTICE of Appearance by Andrew Ryan Sommer on behalf of Nick Harrison, OutServe-SLDN, Inc. (Sommer, Andrew) (Entered: 05/30/2018) |
| 05/30/2018 | 5 | Motion to appear Pro Hac Vice by Cyrus T. Frelinghuysen and Certification of Local Counsel John W.H. Harding Filing fee $ 75, receipt number 0422-6108571.by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 05/30/2018) |
| 05/30/2018 | 6 | Motion to appear Pro Hac Vice by Peter E. Perkowski and Certification of Local Counsel John W. H. Harding Filing fee $ 75, receipt number 0422-6108600. by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 05/30/2018) |
| 05/30/2018 | 7 | Motion to appear Pro Hac Vice by Scott Schoettes and Certification of Local Counsel John W.H. Harding Filing fee $ 75, receipt number 0422-6108625. by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 05/30/2018) |
| 05/31/2018 | Notice of Correction re 5 Motion to appear Pro Hac Vice by Cyrus T. Frelinghuysen and Certification of Local Counsel John W.H. Harding Filing fee $ 75, receipt number 0422-6108571. , 7 Motion to appear Pro Hac Vice by Scott Schoettes and Certification of Local Counsel John W.H. Harding Filing fee $ 75, receipt number 0422-6108625. , 6 Motion to appear Pro Hac Vice by Peter E. Perkowski and Certification of Local Counsel John W. H. Harding Filing fee $ 75, receipt number 0422-6108600. The filing user has been notified to have the attorney whose signature block appears on the document refile the document. (dvanm, ) (Entered: 05/31/2018) | |
| 05/31/2018 | 8 | Motion to appear Pro Hac Vice by Cyrus T. Frelinghuysen and Certification of Local Counsel John W.H. Harding Filing fee $ 75, receipt number 0422-6109023.by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 05/31/2018) |
| 05/31/2018 | 9 | Motion to appear Pro Hac Vice by Peter E. Perkowski and Certification of Local Counsel John W.H. Harding Filing fee $ 75, receipt number 0422-6109031. by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 05/31/2018) |
| 05/31/2018 | 10 | Motion to appear Pro Hac Vice by Scott Schoettes and Certification of Local Counsel John W.H. Harding Filing fee $ 75, receipt number 0422-6109037. by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 05/31/2018) |
| 06/04/2018 | 11 | ORDER granting 8 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 06/04/2018. (dvanm, ) (Entered: 06/04/2018) |
| 06/04/2018 | 12 | ORDER granting 9 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 06/04/2018. (dvanm, ) (Entered: 06/04/2018) |
| 06/04/2018 | 13 | ORDER granting 10 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 06/04/2018. (dvanm, ) (Entered: 06/04/2018) |
| 06/06/2018 | 14 | Motion to appear Pro Hac Vice by Anthony Pinggera and Certification of Local Counsel John W.H. Harding Filing fee $ 75, receipt number 0422-6119231. by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 06/06/2018) |
| 06/08/2018 | 15 | ORDER granting 14 Motion for Pro hac vice by Anthony Pinggera. Signed by District Judge Leonie M. Brinkema on 6/8/18. (gwalk, ) (Entered: 06/08/2018) |
| 06/08/2018 | 16 | Proposed Summons to US Attorney for Eastern District of Virginia by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 06/08/2018) |
| 06/08/2018 | 17 | Proposed Summons for Attorney General of the United States of America by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 06/08/2018) |
| 06/08/2018 | 18 | Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General 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 to Attorney)(gwalk, ) (Main Document 18 replaced on 6/8/2018) (gwalk, ). (Entered: 06/08/2018) |
| 06/08/2018 | 19 | Summons Issued as to U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (gwalk, ) (Main Document 19 replaced on 6/8/2018) (gwalk, ). (Entered: 06/08/2018) |
| 06/15/2018 | 20 | SUMMONS Returned Executed as to U.S. Department of Defense. (klau, ) (Entered: 06/15/2018) |
| 06/15/2018 | 21 | SUMMONS Returned Executed as to James N. Mattis. (klau, ) (Entered: 06/15/2018) |
| 06/15/20 | 22 | SUMMONS Returned Executed as to U.S. Attorney served on 6/12/2018, answer due 8/13/2018.(klau, ) (Entered: 06/15/2018) |
| 06/18/2018 | 23 | SUMMONS Returned Executed as to Jeff Sessions. (dvanm, ) (Entered: 06/18/2018) |
| 06/22/2018 | 24 | SUMMONS Returned Executed as to Mark Esper by Nick Harrison, OutServe-SLDN, Inc. (dvanm, ) (Entered: 06/22/2018) |
| 07/19/2018 | 25 | MOTION for Preliminary Injunction by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Sommer, Andrew) (Entered: 07/19/2018) |
| 07/19/2018 | 26 | Memorandum in Support re 25 MOTION for Preliminary Injunction filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Sommer, Andrew) (Entered: 07/19/2018) |
| 07/19/2018 | 27 | Notice of Under Seal Filing LCvR5 (B) by Nick Harrison, OutServe-SLDN, Inc. (Sommer, Andrew) (Entered: 07/19/2018) |
| 07/19/2018 | 28 | MOTION to Seal by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Sommer, Andrew) (Entered: 07/19/2018) |
| 07/19/2018 | 29 | Memorandum in Support re 28 MOTION to Seal filed by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 07/19/2018) |
| 07/19/2018 | 30 | Sealed Attachment/Exhibit(s) re 26 Memorandum in Support, 27 Notice of Under Seal Filing LCvR5 (B), 28 MOTION to Seal , 29 Memorandum in Support. (Sommer, Andrew) (Entered: 07/19/2018) |
| 07/19/2018 | 31 | Sealed Attachment/Exhibit(s) re 26 Memorandum in Support, 27 Notice of Under Seal Filing LCvR5 (B), 28 MOTION to Seal , 29 Memorandum in Support. (Sommer, Andrew) (Entered: 07/19/2018) |
| 07/19/2018 | 32 | ORDER granting 28 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 07/19/2018. (dvanm, ) (Entered: 07/19/2018) |
| 07/19/2018 | Notice of Correction re 25 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: 07/19/2018) | |
| 07/24/2018 | 33 | ORDER – For good cause shown, it is hereby: ORDERED that Defendants shall file their opposition to Plaintiffs’ Motion for Preliminary Injunction by August 16, 2018; it is further ORDERED that Plaintiffs shall file their reply in support of their Motion for Preliminary Injunction by August 29, 2018; it is further ORDERED that Plaintiffs shall set their Motion for Preliminary Injunction for hearing on September 14, 2018. Signed by District Judge Leonie M. Brinkema on 07/24/2018. (dvanm, ) (Entered: 07/24/2018) |
| 07/24/2018 | 34 | Notice of Hearing Date re 25 MOTION for Preliminary Injunction (Sommer, Andrew) (Entered: 07/24/2018) |
| 07/24/2018 | 35 | NOTICE of Appearance by R. Trent McCotter on behalf of Mark Esper, James N. Mattis, U.S. Department of Defense (McCotter, R.) (Entered: 07/24/2018) |
| 07/25/2018 | Set Deadlines as to 25 MOTION for Preliminary Injunction . Motion Hearing set for 9/14/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (klau, ) (Entered: 07/25/2018) | |
| 07/31/2018 | 36 | MOTION TO ALTER BRIEFING SCHEDULE by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(McCotter, R.) (Entered: 07/31/2018) |
| 07/31/2018 | 37 | Notice of Hearing Date AUGUST 10, 2018 re 36 MOTION TO ALTER BRIEFING SCHEDULE (McCotter, R.) (Entered: 07/31/2018) |
| 08/01/2018 | Set Deadlines as to 36 MOTION TO ALTER BRIEFING SCHEDULE . Motion Hearing set for 8/10/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 08/01/2018) | |
| 08/03/2018 | 38 | Opposition to Motion to Alter Briefing Schedule filed by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 08/03/2018) |
| 08/06/2018 | 39 | ORDER granting in part and denying in part 36 Motion to Alter Briefing Schedule. ORDERED that defendants must file a combined brief in support of their Motion to Dismiss and opposition to plaintiffs’ Motion for Preliminary Injunction, which may not exceed 30 pages, by 8/16/2018; that plaintiffs must file a combined brief in opposition to defendants’ Motion to Dismiss and reply in support of their Motion for Preliminary Injunction, which may not exceed 30 pages, by 8/30/2018; that defendants must file their reply in support of their Motion to Dismiss, which may not exceed 20 pages, by 9/7/2018. Signed by District Judge Leonie M. Brinkema on 8/6/2018. (rban, ) (Entered: 08/06/2018) |
| 08/16/2018 | 40 | Memorandum in Opposition re 25 MOTION for Preliminary Injunction filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1Exhibit Lute Declaration, # 2 Exhibit Soper Declaration)(McCotter, R.) (Entered: 08/16/2018) |
| 08/16/2018 | 41 | MOTION to Dismiss for Lack of Jurisdiction by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 08/16/2018) |
| 08/16/2018 | 42 | MOTION to Dismiss for Failure to State a Claim by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 08/16/2018) |
| 08/16/2018 | 43 | Memorandum in Support re 41 MOTION to Dismiss for Lack of Jurisdiction , 42 MOTION to Dismiss for Failure to State a Claim filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Exhibit Lute Declaration, # 2 Exhibit Soper Declaration)(McCotter, R.) (Entered: 08/16/2018) |
| 08/16/2018 | 44 | Notice of Hearing Date set for September 14, 2018 re 41 MOTION to Dismiss for Lack of Jurisdiction , 42 MOTION to Dismiss for Failure to State a Claim(McCotter, R.) (Entered: 08/16/2018) |
| 08/16/2018 | 45 | MOTION to Seal Soper Declaration by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(McCotter, R.) (Entered: 08/16/2018) |
| 08/16/2018 | 46 | Notice of Filing Sealing Motion LCvR5(C) by Mark Esper, James N. Mattis, U.S. Department of Defense re 45 MOTION to Seal Soper Declaration (McCotter, R.) (Entered: 08/16/2018) |
| 08/16/2018 | 47 | Memorandum in Support re 45 MOTION to Seal Soper Declaration filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 08/16/2018) |
| 08/16/2018 | 48 | Sealed Soper Declaration. (McCotter, R.) (Entered: 08/16/2018) |
| 08/17/2018 | Set Deadlines as to 42 MOTION to Dismiss for Failure to State a Claim , 41 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 9/14/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 08/17/2018) | |
| 08/17/2018 | 49 | ORDER granting 45 Motion to Seal to the extent that the entire, un-redacted declaration may be filed and maintained under seal; however, it is also ORDERED that a copy of this declaration redacted consistent with this Order be filed promptly; and it is further ORDERED that any further requests to file a pleading under seal must include a redacted copy of the pleading which can be filed in the public docket. Signed by District Judge Leonie M. Brinkema on 08/17/2018. (dvanm, ) (Entered: 08/17/2018) |
| 08/17/2018 | 50 | Declaration Martha Soper (REDACTED) by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 08/17/2018) |
| 08/30/2018 | 51 | Opposition to 41 MOTION to Dismiss for Lack of Jurisdiction , 42 MOTION to Dismiss for Failure to State a Claim filed by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 08/30/2018) |
| 08/30/2018 | 52 | Reply to Motion re 25 MOTION for Preliminary Injunction filed by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 08/30/2018) |
| 09/07/2018 | 53 | REPLY to Response to Motion re 41 MOTION to Dismiss for Lack of Jurisdiction , 42 MOTION to Dismiss for Failure to State a Claim filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Barghaan, Dennis) (Entered: 09/07/2018) |
| 09/10/2018 | 54 | NOTICE by Nick Harrison, OutServe-SLDN, Inc. re: Potential Conflict (Sommer, Andrew) (Entered: 09/10/2018) |
| 09/11/2018 | 55 | NOTICE by Mark Esper, James N. Mattis, U.S. Department of Defense (McCotter, R.) (Entered: 09/11/2018) |
| 09/12/2018 | 56 | MOTION for Leave to File a Sur-Reply (Unopposed) by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 09/12/2018) |
| 09/12/2018 | 57 | Memorandum in Support re 56 MOTION for Leave to File a Sur-Reply (Unopposed) filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit 1)(Sommer, Andrew) (Entered: 09/12/2018) |
| 09/12/2018 | 58 | Notice of Hearing Date set for 9/21/2018 re 56 MOTION for Leave to File a Sur-Reply (Unopposed) (Sommer, Andrew) (Entered: 09/12/2018) |
| 09/13/2018 | Set Deadlines as to 56 MOTION for Leave to File a Sur-Reply (Unopposed). Motion Hearing set for 9/21/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (klau, ) (Entered: 09/13/2018) | |
| 09/14/2018 | 59 | Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 9/14/2018. Appearances of counsel. Pltfs 25 MOTION for Preliminary Injunction and defts 41MOTION to Dismiss for Lack of Jurisdiction and 42 MOTION to Dismiss for Failure to State a Claim are argued and DENIED. (order to follow) (Court Reporter A. Thomson.)(yguy) (Entered: 09/14/2018) |
| 09/14/2018 | 60 | ORDER: For the reasons stated in open court, it is hereby ORDERED that plaintiffs’ Motion for Preliminary Injunction [Dkt. No. 25], defendants’Motion to Dismiss for lack of subject matter jurisdiction [Dkt. No. 41], and defendants’ Motion to Dismiss for failure to state a claim [Dkt. No. 42] be and are DENIED WITHOUT PREJUDICE.Signed by District Judge Leonie M. Brinkema on 9/14/18. (yguy) (Entered: 09/14/2018) |
| 09/14/2018 | 61 | ORDER denying as moot 56 Motion for Leave to File a Sur-Reply. Signed by District Judge Leonie M. Brinkema on 09/14/2018. (dvanm, ) (Entered: 09/14/2018) |
| 09/28/2018 | 62 | ANSWER to 1 Complaint by Mark Esper, James N. Mattis, U.S. Department of Defense.(McCotter, R.) (Entered: 09/28/2018) |
| 10/03/2018 | 63 | SCHEDULING ORDER: Initial Pretrial Conference set for 10/24/2018 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Discovery due by 2/15/2019. Final Pretrial Conference set for 2/21/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 10/3/18. (Attachments: # 1 Mag.Consent, # 2 Pretrial Notice)(yguy) (Entered: 10/04/2018) |
| 10/04/2018 | 64 | SCHEDULING ORDER(CORRECTED): Initial Pretrial Conference set for 10/24/2018 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Discovery due by 2/15/2019. Final Pretrial Conference set for 2/21/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 10/4/18. (Attachments: # 1 Mag.Consent, # 2 Pretrial Notice)(yguy) (Entered: 10/04/2018) |
| 10/16/201 | 65 | Joint MOTION for Extension of Deadline of Proposed Discovery Plan by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order Ex. A)(Sommer, Andrew) (Entered: 10/16/2018) |
| 10/17/201 | 66 | ORDER granting 65 Joint MOTION for Extension of Deadline of Proposed Discovery Plan; deadline is extended by 2 days to October 19, 2018. Signed by Magistrate Judge Ivan D. Davis on 10/17/2018. (aott) (Entered: 10/17/2018) |
| 10/19/201 | 67 | Joint Proposed Discovery Plan by Nick Harrison, OutServe-SLDN, Inc..(Sommer, Andrew) (Entered: 10/19/2018) |
| 10/22/2018 | 68 | Order Rule 16(b) Scheduling Order. Because the parties’ Proposed Joint Discovery Plan 67 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for October 24, 2018, pursuant to Rule 16(b) and this Court’s October 4, 2018 Order, is cancelled. Upon consideration of the representations made by the parties in their Proposed Joint Discovery Plan, the Court makes the following rulings: The parties’ Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the Court(see order for further details). Signed by Magistrate Judge Ivan D. Davis on 10/22/2018. (lgue, ) (Entered: 10/22/2018) |
| 11/02/2018 | 69 | MOTION for Protective Order Agreed-Upon Protective Order and Agreed-Upon Electronically-Stored Information Order by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order Ex. A, # 2 Proposed Order Ex. B)(Sommer, Andrew) (Entered: 11/02/2018) |
| 11/06/2018 | 70 | ORDER granting 69 Motion for ELECTRONICALLY STORED INFORMATION. Signed by Magistrate Judge Ivan D. Davis on 11/6/2018. (dvanm, ) (Entered: 11/06/2018) |
| 11/06/2018 | 71 | ORDER granting 69 MOTION for Protective Order filed by OutServe-SLDN, Inc., Nick Harrison. Signed by Magistrate Judge Ivan D. Davis on 11/06/2018. (dvanm, ) (Entered: 11/06/2018) |
| 11/20/2018 | 72 | MOTION to Compel Production of Documents by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 11/20/2018) |
| 11/20/2018 | 73 | Memorandum in Support re 72 MOTION to Compel Production of Documents filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sommer, Andrew) (Entered: 11/20/2018) |
| 11/20/2018 | 74 | Notice of Hearing Date set for November 30, 2018 re 72 MOTION to Compel Production of Documents, 73 Memorandum in Support (Sommer, Andrew) (Entered: 11/20/2018) |
| 11/21/2018 | Set Deadlines as to 72 MOTION to Compel Production of Documents. Motion Hearing set for 11/30/2018 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (clar, ) (Entered: 11/21/2018) | |
| 11/21/2018 | MOTIONS REFERRED to Magistrate Judge: Davis. 72 MOTION to Compel Production of Documents (clar, ) (Entered: 11/21/2018) | |
| 11/21/2018 | 75 | Consent MOTION to Amend/Correct 68 Order Rule 16(b) Scheduling Order,,, by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1Proposed Order)(Sommer, Andrew) (Entered: 11/21/2018) |
| 11/21/2018 | 76 | Memorandum in Support re 75 Consent MOTION to Amend/Correct 68Order Rule 16(b) Scheduling Order,,, filed by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 11/21/2018) |
| 11/26/2018 | 77 | ORDER granting 75 Motion to Modify the Rule 16(B) Scheduling Order. Signed by Magistrate Judge Ivan D. Davis on 11/26/2018. (see Order for details) (dvanm, ) (Entered: 11/26/2018) |
| 11/28/2018 | 78 | Memorandum in Opposition re 72 MOTION to Compel Production of Documents filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1Exhibit Def Response to Pls 1st RFP, # 2 Exhibit Doe Order, # 3 Exhibit Report to Congress, # 4 Exhibit Transcript of Hearing, # 5 Exhibit Pls 1st RFP)(McCotter, R.) (Entered: 11/28/2018) |
| 11/29/2018 | 79 | REPLY to Response to Motion re 72 MOTION to Compel Production of Documents filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sommer, Andrew) (Entered: 11/29/2018) |
| 11/30/2018 | 80 | Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis:Motion Hearing held on 11/30/2018 re 72 MOTION to Compel Production of Documents filed by OutServe-SLDN, Inc., Nick Harrison. Appearance of Counsel for Plaintiff and Defendant. Motion argued and GRANTED in part and DENIED in part. The Court requires the Defendants to produce documents by close of business on 12/28/2018. Order to follow. (Tape #FTR.)(lgue, ) (Entered: 11/30/2018) |
| 11/30/2018 | 81 | ORDER – FOR REASONS stated from the bench and in accord with specific rulings and instructions thereto, it is hereby ORDERED that Plaintiffs’ Motion to Compel Production of Documents 72 is GRANTED in part and DENIED in part. The Defendants are to produce the documents by December 28, 2018, by close of business. Signed by Magistrate Judge Ivan D. Davis on 11/30/2018. (lgue, ) (Entered: 11/30/2018) |
| 12/14/2018 | 82 | MOTION to Compel Responses to Interrogatories by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 12/14/2018) |
| 12/14/2018 | 83 | Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 81 Order on Motion to Compel, by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 12/14/2018) |
| 12/14/2018 | 84 | Memorandum in Support re 82 MOTION to Compel Responses to Interrogatories filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sommer, Andrew) (Entered: 12/14/2018) |
| 12/14/2018 | 85 | Memorandum in Support re 83 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 81 Order on Motion to Compel,filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Exhibit Plaintiffs’ 1st Interrogatories, # 2 Exhibit Plaintiffs’ 1st Requests for Admissions, # 3 Exhibit Plaintiffs’ 2nd Request for Production of Documents, # 4 Exhibit Plaintiffs’ Notice of 30(b)(6) Deposition, # 5 Exhibit Sept. 14 Transcript, # 6 Exhibit Plaintiffs’ 1st Request for Production of Documents, # 7 Exhibit Defendants’ Objections to 1st RFP, # 8 Exhibit Nov. 30 Transcript, # 9Exhibit 2018 Report to Congress, # 10 Exhibit Nov. 28 Plaintiffs’ Counsel Letter)(McCotter, R.) (Entered: 12/14/2018) |
| 12/14/2018 | 86 | Notice of Hearing Date set for December 21, 2018 re 83 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 81 Order on Motion to Compel, (McCotter, R.) (Entered: 12/14/2018) |
| 12/14/2018 | 87 | Notice of Hearing Date set for 12/21/2018 re 82 MOTION to Compel Responses to Interrogatories (Sommer, Andrew) (Entered: 12/14/2018) |
| 12/17/2018 | Set Deadlines as to 83 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 81 Order on Motion to Compel, . Motion Hearing set for 12/21/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 12/17/2018) | |
| 12/17/2018 | Set Deadlines as to 82 MOTION to Compel Responses to Interrogatories. Motion Hearing set for 12/21/2018 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (clar, ) (Entered: 12/17/2018) | |
| 12/17/2018 | MOTIONS REFERRED to Magistrate Judge: Davis. 82 MOTION to Compel Responses to Interrogatories (clar, ) (Entered: 12/17/2018) | |
| 12/18/2018 | 88 | Consent MOTION to Modify Rule 16(B) Scheduling Order by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 12/18/2018) |
| 12/18/2018 | 89 | Memorandum in Support re 88 Consent MOTION to Modify Rule 16(B) Scheduling Order filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A: Proposed Order)(Sommer, Andrew) (Entered: 12/18/2018) |
| 12/18/2018 | 90 | ORDER granting 88 Motion to Modify the Rule 16(B). Signed by Magistrate Judge Ivan D. Davis on 12/18/2018. (dvanm, ) (Entered: 12/18/2018) |
| 12/19/2018 | 91 | Response to 83 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 81 Order on Motion to Compel, filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C)(Sommer, Andrew) (Entered: 12/19/2018) |
| 12/19/2018 | 92 | NOTICE by Nick Harrison, OutServe-SLDN, Inc. of Related Proceeding(Sommer, Andrew) (Entered: 12/19/2018) |
| 12/19/2018 | 93 | Memorandum in Opposition re 82 MOTION to Compel Responses to Interrogatories filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Exhibit Dec 11 emails, # 2 Exhibit Dec 12-13 emails, # 3 Exhibit Defs’ responses to ROGs, # 4 Exhibit Nov 30 transcript, # 5 Exhibit Declaration)(McCotter, R.) (Entered: 12/19/2018) |
| 12/20/2018 | 94 | Reply to 83 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 81 Order on Motion to Compel, filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 12/20/2018) |
| 12/20/2018 | Reset Deadlines as to 82 MOTION to Compel Responses to Interrogatories. Motion Hearing set for 1/4/2019 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (Per IDD chambers) (clar, ) (Entered: 12/20/2018) | |
| 12/20/2018 | 95 | REPLY to Response to Motion re 82 MOTION to Compel Responses to Interrogatories filed by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 12/20/2018) |
| 12/21/2018 | 96 | Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 12/21/2018. Appearances of counsel. 83 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 81 Order on Motion to Compel is argued and OVERRULED. Magistrate judge’s order is AFFIRMED. (order to follow) (Court Reporter A. Thomson.)(yguy) (Entered: 12/21/2018) |
| 12/21/2018 | 97 | TRANSCRIPT of proceedings held on 12/21/2018, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 1/22/2019. Redacted Transcript Deadline set for 2/20/2019. Release of Transcript Restriction set for 3/21/2019.(thomson, anneliese) (Entered: 12/21/2018) |
| 12/21/2018 | 98 | ORDER: For the reasons stated in open court. Non-parties United States Navy, United States Coast Guard, United States Air Force, and United States Marine Corps’s Rule 72 Objections to Magistrate Judge’s Non-dispositive Ruling [Dkt. No. 83] are OVERRULED, and it is hereby ORDERED that the magistrate judge’s Order [Dkt. No. 81] be and is AFFIRMED.. Signed by District Judge Leonie M. Brinkema on 12/21/18. (yguy) (Entered: 12/21/2018) |
| 12/27/2018 | 99 | Consent MOTION Modify Discovery Response Deadlines and Rule 16(B) Scheduling Order by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1Proposed Order)(McCotter, R.) (Entered: 12/27/2018) |
| 12/27/2018 | 100 | ORDER granting 99 Consent MOTION Modify Discovery Response Deadlines and Rule 16(B) Scheduling Order. ORDERED that on or before January 4, 2019, at 5:00 p.m. Defendants shall serve their responses to plaintiffs’ second set of requests for production and first set of requests for admission; and it is further ORDERED that on or before January 4, 2019, at 5:00 p.m. Plaintiffs shall serve their expert witness disclosures on Defendants. Signed by District Judge Leonie M. Brinkema on 12/27/2018. (dest, ) (Entered: 12/27/2018) |
| 01/03/2019 | 101 | Withdrawal of Motion by Nick Harrison, OutServe-SLDN, Inc. re 82 MOTION to Compel Responses to Interrogatories (Sommer, Andrew) (Entered: 01/03/2019) |
| 01/04/2019 | 102 | Joint MOTION to Modify the Scheduling Order in the Harrison case and for Entry of Briefing Schedule and Scheduling Order in the Roe Case by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 01/04/2019) |
| 01/04/2019 | 103 | Memorandum in Support re 102 Joint MOTION to Modify the Scheduling Order in the Harrison case and for Entry of Briefing Schedule and Scheduling Order in the Roe Case filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Sommer, Andrew) (Entered: 01/04/2019) |
| 01/04/2019 | 104 | Consent MOTION to Modify the Rule 16(B) Scheduling Order by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Sommer, Andrew) (Entered: 01/04/2019) |
| 01/04/2019 | 105 | ORDER granting 104 Motion for an enlargement of the deadlines for the disclosure of plaintiffs’ experts’ opinions. ORDERED that on or before January 9.2019, at 5:00 p.m., Plaintiffs shall serve their expert witness disclosures on Defendants. Signed by District Judge Leonie M. Brinkema on 01/04/2019. (dvanm, ) (Entered: 01/04/2019) |
| 01/04/2019 | 106 | ORDERED that the 102 joint motion is GRANTED with the following exceptions: the cut-off date for all discovery is Friday, May 10, 2019 and the final pretrial for both civil actions will be held at 10:00 a.m. on Thursday, May 16, 2019, and it is further ORDERED that the parties Proposed Consolidated Discovery Schedule is approved and shall control discovery to the extent of its application unless further modified by the Court. Signed by District Judge Leonie M. Brinkema on 1/4/2019. (dvanm, ) (Entered: 01/04/2019) |
| 01/04/2019 | Reset Scheduling Order Deadlines: Final Pretrial Conference set for 5/16/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (dvanm, ) (Entered: 01/04/2019) | |
| 01/25/2019 | 107 | MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 01/25/2019) |
| 01/25/2019 | 108 | Memorandum in Support re 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Sommer, Andrew) (Entered: 01/25/2019) |
| 01/25/2019 | 109 | Notice of Hearing Date set for February 1, 2019 re 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege(Sommer, Andrew) (Entered: 01/25/2019) |
| 01/25/2019 | 110 | EXHIBIT 1-6 of Memorandum in Support of Motion to Compel (docket entry 108) by Nick Harrison, OutServe-SLDN, Inc… (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3Exhibit 4, # 4 Exhibit 5, # 5 Errata 6)(Sommer, Andrew) (Entered: 01/25/2019) |
| 01/28/2019 | Set Deadlines as to 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege. Motion Hearing set for 2/1/2019 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (clar, ) (Entered: 01/28/2019) | |
| 01/28/2019 | MOTIONS REFERRED to Magistrate Judge: Davis. 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege(clar, ) (Entered: 01/28/2019) | |
| 01/30/2019 | 111 | Opposition to 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Exhibit Badhi Declaration, # 2 Exhibit Beland Declaration, # 3 Exhibit Ciminera Declaration, # 4 Exhibit Huibregtse Declaration, # 5 Exhibit Melillo Declaration, # 6 Exhibit Shell Declaration)(McCotter, R.) (Entered: 01/30/2019) |
| 01/31/2019 | 112 | REPLY to Response to Motion re 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Sommer, Andrew) (Entered: 01/31/2019) |
| 02/01/2019 | 113 | Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis:Motion Hearing held on 2/1/2019 re 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege filed by OutServe-SLDN, Inc., Nick Harrison. Appearance of Counsel for Plaintiff and Defendant. Motion argued and held in abeyance. Order to follow. (Tape #FTR.)(lgue, ) (Entered: 02/01/2019) |
| 02/01/2019 | 114 | ORDER – FOR REASONS stated from the bench and in accord with specific rulings and instructions thereto, it is hereby ORDERED that Plaintiffs’ Motion to Compel Documents and Information Withheld on the Basis of Deliberative Process Privilege 107 is HELD IN ABEYANCE. By 5 p.m. on February 5, 2019, the Parties shall file a notice of whether the outstanding discovery disputes have been resolved. If the discovery issues have not been resolved, then the Parties shall set forth the remaining discovery issues and the Court will reconvene this Motion on February 8, 2019, at 10 a.m. Signed by Magistrate Judge Ivan D. Davis on 2/1/2019. (lgue, ) (Entered: 02/01/2019) |
| 02/04/2019 | 115 | TRANSCRIPT of proceedings held on 2/1/2019, before Judge Ivan D. Davis, Transcriber Anneliese Thomson, Telephone number 703-299-8595. 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 transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/6/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 5/6/2019.(thomson, anneliese) (Entered: 02/04/2019) |
| 02/05/2019 | 116 | STATUS REPORT by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sommer, Andrew) (Entered: 02/05/2019) |
| 02/06/2019 | Set Deadlines as to 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege. Motion Hearing set for 2/8/2019 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (lgue, ) (Entered: 02/06/2019) | |
| 02/08/2019 | 117 | Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis:Motion Hearing held on 2/8/2019 re 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege filed by OutServe-SLDN, Inc., Nick Harrison. Appearances of counsel for Pltf and Deft. Motion is argued and further held in abeyance (see Order for details); Order to follow. (Tape #FTR.)(tfitz, ) (Entered: 02/08/2019) |
| 02/08/2019 | 118 | FOR REASONS stated from the bench and in accord with specific rulings and instructions thereto, it is hereby ORDERED that Plaintiffs’ Motion to Compel Documents and Information Withheld on the Basis of Deliberative Process Privilege 107 is FURTHER HELD IN ABEYANCE. The Court will conduct an in camera review of the documents at issue in this case to determine whether the deliberative process privilege applies and whether the documents have been properly withheld. The parties shall randomly select documents for an in camera review and shall produce those documents to the Court on Tuesday, February 12, 2019, by 5 p.m. Signed by Magistrate Judge Ivan D. Davis on 2/8/19. (tfitz, ) (Entered: 02/08/2019) |
| 02/12/2019 | 119 | MOTION to Seal by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(McCotter, R.) (Entered: 02/12/2019) |
| 02/12/2019 | 120 | Notice of Filing Sealing Motion LCvR5(C) by Mark Esper, James N. Mattis, U.S. Department of Defense re 119 MOTION to Seal (McCotter, R.) (Entered: 02/12/2019) |
| 02/12/2019 | 121 | Memorandum in Support re 119 MOTION to Seal filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 02/12/2019) |
| 02/19/2019 | Reset Deadlines as to 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege. Motion Hearing set for 2/22/2019 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (Per IDD chambers) (clar, ) (Entered: 02/19/2019) | |
| 02/21/2019 | 122 | ORDER granting 119 Motion to Seal. Signed by Magistrate Judge Ivan D. Davis on 02/21/2019. (dvanm, ) (Entered: 02/21/2019) |
| 02/22/2019 | 123 | Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis:Motion Hearing held on 2/22/2019 re 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege filed by OutServe-SLDN, Inc., Nick Harrison. Appearance of Counsel for Plaintiff and Defendant. Motion argued and held in abeyance. Order to follow. (Tape #FTR.)(lgue, ) (Entered: 02/22/2019) |
| 02/22/2019 | 124 | ORDER – FOR REASONS stated from the bench and in accord with specific rulings and instructions thereto, it is hereby ORDERED that Plaintiffs’ Motion to Compel Documents and Information Withheld on the Basis of Deliberative Process Privilege 107 is FURTHER HELD IN ABEYANCE. The parties are ordered to narrow the discovery dispute in a good faith meet and confer because the Court finds that Defendants have argued an overly broad deliberative process privilege defense. The parties shall file a joint status report of this discovery dispute by February 27, 2019, at 5 p.m. The Court intends to rule on the papers for this Motion unless the parties indicate otherwise in their joint status report. Signed by Magistrate Judge Ivan D. Davis on 02/22/2019. (lgue, ) (Entered: 02/22/2019) |
| 02/27/2019 | 125 | TRANSCRIPT of proceedings held on 2/22/2019, before Judge Ivan D. Davis, Transcriber Anneliese Thomson, Telephone number 703-299-8595. 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 transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/29/2019. Redacted Transcript Deadline set for 4/29/2019. Release of Transcript Restriction set for 5/28/2019.(thomson, anneliese) (Entered: 02/27/2019) |
| 02/27/2019 | 126 | STATUS REPORT Joint Status Report Pursuant to the Court’s February 22, 2019 Order by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A)(Sommer, Andrew) (Entered: 02/27/2019) |
| 03/07/2019 | 127 | NOTICE by Mark Esper, James N. Mattis, U.S. Department of Defense WITHDRAWAL OF PRIVILEGE ASSERTION OVER SPECIFIED DOCUMENTS(McCotter, R.) (Entered: 03/07/2019) |
| 03/14/2019 | 128 | ORDER granting 107 MOTION to Compel Documents and Information withheld on the basis of Deliberative Process Privilege. Signed by Magistrate Judge Ivan D. Davis on 1/14/2019. (aott) (Entered: 03/14/2019) |
| 03/15/2019 | 129 | Joint MOTION to Amend/Correct the Scheduling Order for the Limited Purpose of Taking Several Depositions Out of Time by Nick Harrison, OutServe-SLDN, Inc.. (Sommer, Andrew) (Entered: 03/15/2019) |
| 03/15/2019 | 130 | Memorandum in Support re 129 Joint MOTION to Amend/Correct the Scheduling Order for the Limited Purpose of Taking Several Depositions Out of Time filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: #1 Proposed Order)(Sommer, Andrew) (Entered: 03/15/2019) |
| 03/15/2019 | 131 | ORDER granting 129 Joint Motion to Amend the Scheduling Order for the Limited Purpose of Taking Several Depositions Out of Time ; directing that depositions of parties identified in the motion occur no later than 3/25/2019. Signed by Magistrate Judge Ivan D. Davis on 3/15/2019. (aott) (Entered: 03/15/2019) |
| 03/22/2019 | 132 | MOTION to Stay re 128 Order on Motion to Compel by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(McCotter, R.) (Entered: 03/22/2019) |
| 03/22/2019 | 133 | Memorandum in Support re 132 MOTION to Stay re 128 Order on Motion to Compelfiled by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 03/22/2019) |
| 03/22/2019 | 134 | Notice of Hearing Date set for March 29, 2019 re 132 MOTION to Stay re 128 Order on Motion to Compel (McCotter, R.) (Entered: 03/22/2019) |
| 03/25/2019 | Set Deadlines as to 132 MOTION to Stay re 128 Order on Motion to Compel . Motion Hearing set for 3/29/2019 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (clar, ) (Entered: 03/25/2019) | |
| 03/25/2019 | MOTIONS REFERRED to Magistrate Judge: Davis. 132 MOTION to Stay re 128Order on Motion to Compel (clar, ) (Entered: 03/25/2019) | |
| 03/27/2019 | 135 | Opposition Plaintiffs’ Limited Opposition to Defendants’ Motion to Stay Compliance with the Magistrate Judge’s Order filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sommer, Andrew) (Entered: 03/27/2019) |
| 03/28/2019 | 136 | REPLY to Response to Motion re 132 MOTION to Stay re 128 Order on Motion to Compel filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, Richard) (Entered: 03/28/2019) |
| 03/28/2019 | 137 | Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 128 Order on Motion to Compel by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, Richard) (Entered: 03/28/2019) |
| 03/28/2019 | 138 | Memorandum in Support re 137 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 128 Order on Motion to Compel filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, Richard) (Entered: 03/28/2019) |
| 03/28/2019 | 139 | Notice of Hearing Date set for April 5, 2019 re 137 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 128 Order on Motion to Compel(McCotter, Richard) (Entered: 03/28/2019) |
| 03/29/2019 | Set Deadlines as to 137 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 128 Order on Motion to Compel . Motion Hearing set for 4/5/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 03/29/2019) | |
| 03/29/2019 | 140 | Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis:Motion Hearing held on 3/29/2019 re 132 MOTION to Stay re 128 Order on Motion to Compel filed by U.S. Department of Defense, James N. Mattis, Mark Esper. Appearance of Counsel for Plaintiff and Defendant. Motion argued and GRANTED. Order to follow. (Tape #FTR.)(lgue, ) (Entered: 03/29/2019) |
| 03/29/2019 | 141 | ORDER – FOR REASONS stated from the bench and in accord with specific rulings and instructions thereto, it is hereby ORDERED that Defendants’ Motion to Stay 132 is GRANTED. Signed by Magistrate Judge Ivan D. Davis on 03/29/2019. (lgue, ) (Entered: 03/29/2019) |
| 03/29/2019 | 142 | NOTICE by Mark Esper, James N. Mattis, U.S. Department of Defense SUBMISSION OF COURTESY COPY OF EX PARTE UNDER SEAL MATERIALS (McCotter, Richard) (Entered: 03/29/2019) |
| 04/03/2019 | 143 | Motion to appear Pro Hac Vice by Alexandra Jane Hemmings and Certification of Local Counsel John W.H. Harding by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 04/03/2019) |
| 04/03/2019 | 144 | Response to the Government’s Rule 72 Objections to Magistrate Judge’s Non-Dispositive Ruling Regarding the Deliberative Process Privilege filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sommer, Andrew) (Entered: 04/03/2019) |
| 04/04/2019 | 145 | ORDERED that the hearing on defendants’ objections 137 be and isRESCHEDULED for Friday, April 12, 2019. Signed by District Judge Leonie M. Brinkema on 4/4/2019. (dvanm, ) (Entered: 04/04/2019) |
| 04/04/2019 | Reset Deadlines as to 137 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 128 Order on Motion to Compel . Motion Hearing set for 4/12/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (dvanm, ) (Entered: 04/04/2019) | |
| 04/04/2019 | 146 | REPLY to Response to Motion re 137 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 128 Order on Motion to Compel filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Exhibit 2018 Report to Congress)(McCotter, Richard) (Entered: 04/04/2019) |
| 04/08/2019 | 147 | ORDER granting 143 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 4/8/2019. (dvanm, ) (Entered: 04/08/2019) |
| 04/12/2019 | 148 | Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 4/12/2019. Appearances of counsel. Defts’ 137 Motion Re: Objections to Magistrate Judge’s Ruling or Recommendation re 128 Order on Motion to Compel is argued and TAKEN UNDER ADVISEMENT. (Court Reporter A. Thomson.)(yguy) (Entered: 04/12/2019) |
| 04/12/2019 | 149 | For the reasons stated in open court, it is hereby ORDERED that defendants’ Rule 72 Objections to Magistrate Judge’s NondispositiveRuling [Dkt. No. 137] is TAKEN UNDER ADVISEMENT.Signed by District Judge Leonie M. Brinkema on 4/12/19. (yguy) (Entered: 04/12/2019) |
| 04/12/2019 | 150 | NOTICE by Mark Esper, James N. Mattis, U.S. Department of Defense (McCotter, Richard) (Entered: 04/12/2019) |
| 05/02/2019 | 151 | Joint MOTION to Modify the Scheduling Order for the Limited Purpose of Taking a Deposition Out of Time by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 05/02/2019) |
| 05/02/2019 | 152 | Memorandum in Support re 151 Joint MOTION to Modify the Scheduling Order for the Limited Purpose of Taking a Deposition Out of Time filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 05/02/2019) |
| 05/03/2019 | 153 | ORDER granting 151 Joint Motion to Modify the Scheduling Order. Signed by Magistrate Judge Ivan D. Davis on 5/3/2019. (dvanm, ) (Entered: 05/03/2019) |
| 05/03/2019 | 154 | MOTION to Dismiss for Lack of Jurisdiction IN PART by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 05/03/2019) |
| 05/03/2019 | 155 | Memorandum in Support re 154 MOTION to Dismiss for Lack of Jurisdiction IN PART filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit E, # 4 Exhibit N, # 5 Exhibit O, # 6 Exhibit Q, # 7 Exhibit R)(McCotter, R.) (Entered: 05/03/2019) |
| 05/03/2019 | 156 | MOTION to Seal by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(McCotter, R.) (Entered: 05/03/2019) |
| 05/03/2019 | 157 | Memorandum in Support re 156 MOTION to Seal filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 05/03/2019) |
| 05/03/2019 | 158 | Notice of Under Seal Filing LCvR5 (B) by Mark Esper, James N. Mattis, U.S. Department of Defense (McCotter, R.) (Entered: 05/03/2019) |
| 05/03/2019 | 159 | Sealed Attachment/Exhibit(s) FOR PARTIAL MOTION TO DISMISS. (McCotter, R.) (Entered: 05/03/2019) |
| 05/03/2019 | 160 | Notice of Hearing Date set for MAY 31, 2019 re 154 MOTION to Dismiss for Lack of Jurisdiction IN PART (McCotter, R.) (Entered: 05/03/2019) |
| 05/06/2019 | 161 | ORDER granting 156 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 05/06/2019. (jlan) (Entered: 05/06/2019) |
| 05/06/2019 | Set Deadlines as to 154 MOTION to Dismiss for Lack of Jurisdiction IN PART. Motion Hearing set for 5/31/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 05/06/2019) | |
| 05/13/2019 | 162 | NOTICE of Appearance by Laura Joy Cooley on behalf of Nick Harrison, OutServe-SLDN, Inc. (Cooley, Laura) (Entered: 05/13/2019) |
| 05/13/2019 | Set/Reset Hearings: Final Pretrial Conference reset for 5/16/2019 at 09:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (yguy) (Entered: 05/13/2019) | |
| 05/14/2019 | 163 | Joint MOTION to Enlarge Time to File Pretrial Disclosures by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 05/14/2019) |
| 05/14/2019 | 164 | Memorandum in Support re 163 Joint MOTION to Enlarge Time to File Pretrial Disclosures filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 05/14/2019) |
| 05/14/2019 | 165 | ORDERED that the 163 Parties’ Joint Motion to Enlarge Time to File Pretrial Disclosures is granted, and that the Parties shall file the pretrial disclosures required by the scheduling order entered in Harrison v. Shanahan see Dkt. 64 on or before May 30,2019. Signed by District Judge Leonie M. Brinkema on 05/14/2019. (dvanm, ) (Entered: 05/14/2019) |
| 05/16/2019 | 166 | Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Final Pretrial Conference held on 5/16/2019. Appearances of counsel. Court advised of case status. Deadline to file witness/exhibits list previously extended to May 30th. Trial estimate – 1 week. Bench Trial set for 9/9/2019at 09:30 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (Court Reporter A. Thomson.)(yguy) (Entered: 05/16/2019) |
| 05/17/2019 | 167 | NOTICE by Mark Esper, James N. Mattis, U.S. Department of Defense re 154MOTION to Dismiss for Lack of Jurisdiction IN PART Filing of Redacted Exhibits A, D, F-M, P (McCotter, R.) (Entered: 05/17/2019) |
| 05/17/2019 | 168 | Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E)(Harding, John) (Entered: 05/17/2019) |
| 05/17/2019 | 169 | MOTION to Seal Exhibits B and F-L filed Simultaneously with Plaintiffs’ Opposition to Defendants’ Renewed Motion to Dismiss Plaintiff OutServe-SLDN by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 05/17/2019) |
| 05/17/2019 | 170 | Notice of Filing Sealing Motion LCvR5(C) by Nick Harrison, OutServe-SLDN, Inc. re 169 MOTION to Seal Exhibits B and F-L filed Simultaneously with Plaintiffs’ Opposition to Defendants’ Renewed Motion to Dismiss Plaintiff OutServe-SLDN(Harding, John) (Entered: 05/17/2019) |
| 05/17/2019 | 171 | Sealed Document re 169 MOTION to Seal Exhibits B and F-L filed Simultaneously with Plaintiffs’ Opposition to Defendants’ Renewed Motion to Dismiss Plaintiff OutServe-SLDN. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J, # 6 Exhibit K, # 7 Exhibit L)(Harding, John) (Entered: 05/17/2019) |
| 05/17/2019 | 172 | Memorandum in Support re 169 MOTION to Seal Exhibits B and F-L filed Simultaneously with Plaintiffs’ Opposition to Defendants’ Renewed Motion to Dismiss Plaintiff OutServe-SLDN filed by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 05/17/2019) |
| 05/21/2019 | 173 | ORDERED that Exhibits B and F-L in support of Plaintiffs’ Opposition Defendants’ Renewed Motion to Dismiss Plaintiff OutServe-SLDN may remain filed imder seal, and that Plaintiffs publicly file redacted versions of Exhibits B and F-L by May 29,2019. Signed by District Judge Leonie M. Brinkema on 05/21/2019. (dvanm, ) (Entered: 05/21/2019) |
| 05/21/2019 | 174 | Motion to appear Pro Hac Vice by Kara Nicole Ingelhart and Certification of Local Counsel Laura Cooley Filing fee $ 75, receipt number 0422-6652074. by Nick Harrison, OutServe-SLDN, Inc.. (Cooley, Laura) (Entered: 05/21/2019) |
| 05/22/2019 | 175 | MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 5/22/2019. (dvanm, ) (Entered: 05/22/2019) |
| 05/22/2019 | 176 | ORDER For the reasons stated in the accompanying Memorandum Opinion, defendants’ Rule 72 Objections to Magistrate Judge’s Nondispositive Ruling 137 are SUSTAINED IN PART and OVERRULED IN PART, the magistrate judge’s Order 128is AFFIRMED IN PART and REVERSED IN PART, plaintiffs’ Motion to Compel Documents and Information Withheld on the Basis of the Deliberative Process Privilege 108 is GRANTED IN PART and DENIED IN PART. Signed by District Judge Leonie M. Brinkema on 5/22/2019. (dvanm, ) (Entered: 05/22/2019) |
| 05/22/2019 | Reset Deadlines as to 154 MOTION to Dismiss for Lack of Jurisdiction IN PART. Motion Hearing set for 5/31/2019 at 09:30 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (Per LMB chambers) (clar, ) (Entered: 05/22/2019) | |
| 05/23/2019 | 177 | REPLY to Response to Motion re 154 MOTION to Dismiss for Lack of Jurisdiction IN PART filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1 Exhibit S, # 2 Exhibit T)(McCotter, R.) (Entered: 05/23/2019) |
| 05/29/2019 | 178 | Consent MOTION for Extension of Time to File and Exchange Rule 26 Disclosures by Mark Esper, James N. Mattis, U.S. Department of Defense. (Attachments: # 1Proposed Order)(McCotter, R.) (Entered: 05/29/2019) |
| 05/29/2019 | 179 | Memorandum in Support re 178 Consent MOTION for Extension of Time to File and Exchange Rule 26 Disclosures filed by Mark Esper, James N. Mattis, U.S. Department of Defense. (McCotter, R.) (Entered: 05/29/2019) |
| 05/29/2019 | 180 | Redacted version of Exhibits B, F-L in relation to Order granting Motion to Seal entered May 20,2019. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4Exhibit I, # 5 Exhibit J, # 6 Exhibit K, # 7 Exhibit L)(Harding, John) (Entered: 05/29/2019) |
| 05/29/2019 | 181 | ORDERED that the 178 Defendants’ Consent Motion to Enlarge Time to File Pretrial Disclosures is granted, and that the Parties shall file the pretrial disclosures required by the scheduling order entered in Harrison v. Shanahan, see Dkt. 64 on or before June 5, 2019. Signed by District Judge Leonie M. Brinkema on 05/29/2019. (dvanm, ) (Entered: 05/30/2019) |
| 05/30/2019 | Reset Deadlines as to 154 MOTION to Dismiss for Lack of Jurisdiction IN PART. Motion Hearing set for 5/31/2019 at 09:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (Per LMB chambers) (clar, ) (Entered: 05/30/2019) | |
| 05/31/2019 | 182 | Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 5/31/2019. Appearances of counsel. Defts 154 MOTION to Dismiss for Lack of Jurisdiction IN PART is argued and HELD IN ABEYANCE. (order to follow) (Court Reporter A. Thomson.)(yguy) (Entered: 05/31/2019) |
| 05/31/2019 | 183 | ORDER: For the reasons stated in open court, Defendants’ Renewed Motions to Dismiss [l:18-cv-641,Dkt.No. 154; l:18-cv-1565, Dkt. No. 118]’ are HELD IN ABEYANCE, and it is hereby ORDERED that the parties have until the close of business on Monday, July 1, 2019 to conduct additional discovery with respect to whether plaintiff OutServe-SLDN, Inc. has associational and/or direct standing. If the additional discovery period does not reveal any further facts that merit attention, the parties should so advise the Court. Alternatively, if any party wishes to submit additional briefing related to newly discovered evidence, it must do so no later than Friday, July 12,2019. Any briefs in opposition must be filed by Friday, July 19,2019, and no reply briefs will be permitted. (see order for details). Signed by District Judge Leonie M. Brinkema on 5/31/19. (yguy) (Entered: 05/31/2019) |
| 05/31/2019 | 184 | NOTICE by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense DELIVERY OF EX PARTE AND UNDER SEAL MATERIALS (McCotter, R.) (Entered: 05/31/2019) |
| 06/03/2019 | 185 | ORDERED that defendants need not produce to plaintiffs any of the redactions orwithheld documents included in their ex parte submission. Signed by District Judge Leonie M. Brinkema on 06/03/2019. (dvanm, ) (Entered: 06/03/2019) |
| 06/04/2019 | 186 | ORDER granting 174 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 06/04/2019. (dvanm, ) (Entered: 06/04/2019) |
| 06/05/2019 | 187 | Exhibit List by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense.. (McCotter, R.) (Entered: 06/05/2019) |
| 06/05/2019 | 188 | Witness List by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense. (McCotter, R.) (Entered: 06/05/2019) |
| 06/05/2019 | 189 | Exhibit List by Nick Harrison, OutServe-SLDN, Inc… (Harding, John) (Entered: 06/05/2019) |
| 06/05/2019 | 190 | Witness List by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 06/05/2019) |
| 06/05/2019 | 191 | Statement of Undisputed Facts by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 06/05/2019) |
| 06/12/2019 | 192 | TRANSCRIPT of proceedings held on 5/31/2019, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/12/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 9/10/2019.(thomson, anneliese) (Entered: 06/12/2019) |
| 06/17/2019 | 193 | Objection to 189 Exhibit List filed by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense. (McCotter, R.) (Entered: 06/17/2019) |
| 06/17/2019 | 194 | Objection to 187 Exhibit List by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense, (Harding, John) Modified on 6/18/2019 document linked erroneously (dest, ). (Entered: 06/17/2019) |
| 06/17/2019 | 195 | Objection to 188 Witness List filed by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 06/17/2019) |
| 06/19/2019 | 196 | Plaintiffs’ First Supplemental Exhibit List by Nick Harrison, OutServe-SLDN, Inc… (Harding, John) (Entered: 06/19/2019) |
| 06/21/2019 | 197 | Joint MOTION to Modify the Court’s Order for the Limited Purpose of Taking a Deposition Out of Time by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 06/21/2019) |
| 06/21/2019 | 198 | Memorandum in Support re 197 Joint MOTION to Modify the Court’s Order for the Limited Purpose of Taking a Deposition Out of Time filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 06/21/2019) |
| 06/24/2019 | 199 | ORDER – After considering the 197 Parties’ Joint Motion to Modify the Court’s Order for the Limited Purpose of Taking a Deposition Out of Time, the Court GRANTS the Motion, and amends the Order to permit the deposition of Andy Blevins to occur on July 2, 2019. Signed by Magistrate Judge Ivan D. Davis on 06/24/2019. (dvanm, ) (Entered: 06/24/2019) |
| 07/01/2019 | 200 | Objection to 196 Exhibit List filed by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense. (McCotter, R.) (Entered: 07/01/2019) |
| 07/03/2019 | 201 | Consent MOTION to Modify the Court’s Scheduling Order for the Limited Purpose of Taking Depositions Out of Time by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 07/03/2019) |
| 07/03/2019 | 202 | Memorandum in Support re 201 Consent MOTION to Modify the Court’s Scheduling Order for the Limited Purpose of Taking Depositions Out of Time filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 07/03/2019) |
| 07/03/2019 | 203 | Notice of Hearing Date set for July 12, 2019 re 201 Consent MOTION to Modify the Court’s Scheduling Order for the Limited Purpose of Taking Depositions Out of Time(Harding, John) (Entered: 07/03/2019) |
| 07/05/2019 | Set Deadlines as to 201 Consent MOTION to Modify the Court’s Scheduling Order for the Limited Purpose of Taking Depositions Out of Time . Motion Hearing set for 7/12/2019 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (dvanm, ) (Entered: 07/05/2019) | |
| 07/05/2019 | MOTIONS REFERRED to Magistrate Judge: Davis. 201 Consent MOTION to Modify the Court’s Scheduling Order for the Limited Purpose of Taking Depositions Out of Time (dvanm, ) (Entered: 07/05/2019) | |
| 07/05/2019 | 204 | ORDER – After considering the 201 Plaintiffs’ Unopposed Motion to Modify the Court’s Scheduling Order for the Limited Purpose of Taking Depositions Out of Time, the Court GRANTS the Motion, and amends the Order, to permit the depositions of Dr. Donald Shell, Colonel Karen Downes, and Colonel Scott T. Frazier to be taken out of time. Signed by District Judge Leonie M. Brinkema on 07/05/2019. (dvanm, ) (Entered: 07/05/2019) |
| 07/12/2019 | 205 | RESPONSE in Opposition re 154 MOTION to Dismiss for Lack of Jurisdiction IN PART filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit D, # 2Exhibit G)(Harding, John) (Entered: 07/12/2019) |
| 07/12/2019 | 206 | MOTION to Seal Exhibits A-C, E and F to Plaintiffs’ Supplemental Brief in Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 07/12/2019) |
| 07/12/2019 | 207 | Notice of Filing Sealing Motion LCvR5(C) by Nick Harrison, OutServe-SLDN, Inc. re 206 MOTION to Seal Exhibits A-C, E and F to Plaintiffs’ Supplemental Brief in Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN(Harding, John) (Entered: 07/12/2019) |
| 07/12/2019 | 208 | Sealed Attachment/Exhibit(s) re 206 MOTION to Seal Exhibits A-C, E and F to Plaintiffs’ Supplemental Brief in Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3Exhibit E, # 4 Exhibit F)(Harding, John) (Entered: 07/12/2019) |
| 07/12/2019 | 209 | Memorandum in Support re 206 MOTION to Seal Exhibits A-C, E and F to Plaintiffs’ Supplemental Brief in Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN filed by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 07/12/2019) |
| 07/12/2019 | 210 | Sealed Memorandum in Support re 154 MOTION to Dismiss for Lack of Jurisdiction IN PART. (Attachments: # 1 Exhibit Batch 1, # 2 Exhibit Batch 2, # 3 Exhibit Batch 3, # 4 Exhibit Batch 4, # 5 Exhibit Batch 5)(McCotter, R.) (Entered: 07/12/2019) |
| 07/12/2019 | 211 | MOTION to Seal by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(McCotter, R.) (Entered: 07/12/2019) |
| 07/12/2019 | 212 | Notice of Under Seal Filing LCvR5 (B) by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense (McCotter, R.) (Entered: 07/12/2019) |
| 07/12/2019 | 213 | Memorandum in Support re 211 MOTION to Seal filed by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense. (McCotter, R.) (Entered: 07/12/2019) |
| 07/12/2019 | 214 | NOTICE by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense SUBMISSION OF UNDER SEAL DVD (McCotter, R.) (Entered: 07/12/2019) |
| 07/15/2019 | 215 | ORDER granting 206 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 07/15/2019. (dvanm, ) (Entered: 07/15/2019) |
| 07/15/2019 | 216 | ORDER granting 211 Motion to Seal. The Court further ORDERS that Defendants shall confer with Plaintiffs regarding redactions and that Defendants will publicly file a redacted version by July 26, 2019. Defendantsmay redact only information that poses a reasonable risk of exposing the identities of HIV-positive service members or reveals OutServe’s confidential business information. Signed by District Judge Leonie M. Brinkema on 07/15/2019. (dvanm, ) (Entered: 07/15/2019) |
| 07/19/2019 | 217 | TRANSCRIPT of proceedings held on 5/16/2019, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/19/2019. Redacted Transcript Deadline set for 9/18/2019. Release of Transcript Restriction set for 10/17/2019.(thomson, anneliese) (Entered: 07/19/2019) |
| 07/19/2019 | 218 | EXHIBIT Redacted Versions of Exhibits A-C, E and F related to D.E. No. 205 Response in Opposition to Docket Entry No. 154 Motion to Dismiss by Nick Harrison, OutServe-SLDN, Inc… (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit E, # 4Exhibit F)(Harding, John) (Entered: 07/19/2019) |
| 07/19/2019 | 219 | MOTION to Stay Summary Judgment and Trial Pending Appellate Ruling by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense. (Attachments: # 1 Proposed Order, # 2 Exhibit Combined Exhibits)(McCotter, R.) (Entered: 07/19/2019) |
| 07/19/2019 | 220 | Notice of Hearing Date set for JULY 26, 2019 re 219 MOTION to Stay Summary Judgment and Trial Pending Appellate Ruling (McCotter, R.) (Entered: 07/19/2019) |
| 07/19/2019 | 221 | Reply to 210 Sealed Memorandum in Support filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A)(Harding, John) (Entered: 07/19/2019) |
| 07/19/2019 | 222 | MOTION to Seal Exhibit B filed Simultaneously with Plaintiffs’ Supplemental Response Brief in Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 07/19/2019) |
| 07/19/2019 | 223 | Notice of Under Seal Filing LCvR5 (B) by Nick Harrison, OutServe-SLDN, Inc. re 222 MOTION to Seal Exhibit B filed Simultaneously with Plaintiffs’ Supplemental Response Brief in Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN (Harding, John) (Entered: 07/19/2019) |
| 07/19/2019 | 224 | Sealed Attachment/Exhibit(s) re 222 MOTION to Seal Exhibit B filed Simultaneously with Plaintiffs’ Supplemental Response Brief in Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN. (Harding, John) (Entered: 07/19/2019) |
| 07/19/2019 | 225 | Memorandum in Support re 222 MOTION to Seal Exhibit B filed Simultaneously with Plaintiffs’ Supplemental Response Brief in Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN filed by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 07/19/2019) |
| 07/19/2019 | 226 | ORDER granting 222 Motion to Seal Exhibit B filed Simultaneously with Plaintiffs’ Supplemental Response Brief in Opposition to Defendants’ Renewed Motions to Dismiss Plaintiff OutServe-SLDN. Signed by District Judge Leonie M. Brinkema on 7/19/2019. (see Order for details) (dest, ) (Entered: 07/19/2019) |
| 07/19/2019 | 227 | Sealed Response/Reply/Opposition re 154 MOTION to Dismiss for Lack of Jurisdiction IN PART. (Attachments: # 1 Exhibit Combined Exhibits)(McCotter, R.) (Entered: 07/19/2019) |
| 07/19/2019 | 228 | MOTION to Seal by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(McCotter, R.) (Entered: 07/19/2019) |
| 07/19/2019 | 229 | Memorandum in Support re 228 MOTION to Seal filed by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense. (McCotter, R.) (Entered: 07/19/2019) |
| 07/19/2019 | 230 | Notice of Filing Sealing Motion LCvR5(C) by Mark Esper, Patrick M. Shanahan, U.S. Department of Defense (McCotter, R.) (Entered: 07/19/2019) |
| 07/22/2019 | Set Deadlines as to 219 MOTION to Stay Summary Judgment and Trial Pending Appellate Ruling. Motion Hearing set for 7/26/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 07/22/2019) | |
| 07/22/2019 | 231 | ORDER granting 228 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 07/22/2019. (dvanm, ) (Entered: 07/22/2019) |
| 07/22/2019 | 232 | ORDERED that the caption of this civil action be and is AMENDED to substitute”Richard V. Spencer, Acting Secretary of Defense” for “Patrick M. Shanahan, Acting Secretaryof Defense.” Signed by District Judge Leonie M. Brinkema on 07/22/2019. (dvanm, ) (Entered: 07/22/2019) |
| 07/22/2019 | 233 | ORDERED that the hearing currently scheduled for defendants’ motions to stay [1:18-cv-641, Dkt. No. 219; l:18-cv-1565, Dkt. No. 214] be and is CANCELLED. The Court will rule on defendants’ motions once plaintiffs have filed a response or opposition. Signed by District Judge Leonie M. Brinkema on 07/22/2019. (dvanm, ) (Entered: 07/22/2019) |
| 07/23/2019 | 234 | EXHIBIT Second Supplemental Exhibit List by Nick Harrison, OutServe-SLDN, Inc… (Harding, John) (Entered: 07/23/2019) |
| 07/24/2019 | 235 | Opposition to 219 MOTION to Stay Summary Judgment and Trial Pending Appellate Ruling filed by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Exhibit A)(Harding, John) (Entered: 07/24/2019) |
| 07/26/2019 | 236 | RESPONSE in Support re 154 MOTION to Dismiss for Lack of Jurisdiction IN PARTREDACTED COPY OF BRIEF AND REDACTED EXHIBITS filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Exhibit U through JJ REDACTED, # 2 Exhibit KK through AAA REDACTED)(McCotter, R.) (Entered: 07/26/2019) |
| 07/26/2019 | 237 | EXHIBIT Redacted Version of Exhibit B to (221) Plaintiffs’ Supplemental Opposition to Defendants’ Renewed Motion to Dismiss by Nick Harrison, OutServe-SLDN, Inc… (Harding, John) (Entered: 07/26/2019) |
| 07/30/2019 | 238 | MOTION to Withdraw as Attorney for Cyrus T. Frelinghuysen by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 07/30/2019) |
| 07/31/2019 | 239 | ORDER granting 238 Motion to Withdraw as Attorney.. Signed by District Judge Leonie M. Brinkema on 07/31/2019. (dvanm, ) (Entered: 07/31/2019) |
| 07/31/2019 | 240 | REPLY to Response to Motion re 154 MOTION to Dismiss for Lack of Jurisdiction IN PART REDACTED BRIEF AND EXHIBITS filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Exhibit BBB to III REDACTED)(McCotter, R.) (Entered: 07/31/2019) |
| 08/01/2019 | 241 | ORDERED that the bench trial scheduled to begin on September 9, 2019 be and isCANCELLED; and it is further ORDERED that all proceedings in these civil actions be and are STAYED until further order of the Court. Signed by District Judge Leonie M. Brinkema on 08/01/2019. (dvanm, ) (Entered: 08/01/2019) |
| 08/27/2019 | 242 | MOTION to Withdraw as Attorney by Nick Harrison, OutServe-SLDN, Inc.. (Cooley, Laura) (Entered: 08/27/2019) |
| 08/28/2019 | 243 | ORDER granting 242 Motion to Withdraw as Attorney. Attorney Laura Joy Cooley terminated. Signed by District Judge Leonie M. Brinkema on 08/28/2019. (dvanm, ) (Entered: 08/28/2019) |
| 09/03/2019 | 244 | MOTION to Withdraw as Attorney for Anthony C. Pinggera by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 09/03/2019) |
| 09/03/2019 | 245 | ORDER granting 244 Motion to Withdraw as Attorney.. Signed by District Judge Leonie M. Brinkema on 09/03/2019. (dvanm, ) (Entered: 09/03/2019) |
| 03/10/2020 | 246 | Financial Interest Disclosure Statement (Local Rule 7.1) by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 03/10/2020) |
| 03/10/2020 | 247 | Consent MOTION to Substitute Party by Nick Harrison, OutServe-SLDN, Inc.. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 03/10/2020) |
| 03/11/2020 | 248 | ORDER: Pursuant to Plaintiffs’ consent motion, the Court hereby orders that: The Modem Military Association of America is substituted in place of OutServe-SLDN, Inc. in the above-captioned cases. The Clerk is requested to have the docket sheets reflect that OutServe-SLDN, Inc. is no longer a party and the Modern Military Association of America is a Plaintiff. Signed by District Judge Leonie M. Brinkema on 3/11/20. (yguy) (Entered: 03/11/2020) |
| 03/11/2020 | 249 | ORDER: ORDERED that this civil action be and is UNSTAYED. Additionally, based on a telephone conference held on the record on March 5, 2020 withattorneys for all parties present, it is hereby ORDERED that plaintiffs file their motion for summary judgment on all counts, which is not to exceed 70 pages, no later than May 4, 2020; that defendants file their combined brief in opposition and cross-motion for summary judgment on all counts, which is not to exceed 70 pages, no later than June 3, 2020; that plaintiffs file their combined brief in opposition and reply brief, which is not to exceed 40 pages, no later than July 2, 2020; and that defendants file their reply brief, which is not to exceed 40 pages, no later than July 20, 2020. (see order for details) Signed by District Judge Leonie M. Brinkema on 3/11/20. (yguy) (Entered: 03/11/2020) |
| 03/27/2020 | 250 | MEMORANDUM OPINION: For the reasons stated above, the defendants’ motions to dismiss [Harrison, 0kt. 154; Roe, Dkt. 118] will be denied by an Order to be issued with this Memorandum Opinion. Signed by District Judge Leonie M. Brinkema on 3/27/20. (yguy) (Entered: 03/27/2020) |
| 03/27/2020 | 251 | ORDER: For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that the defendants’ Renewed Motions to Dismiss [Harrison, Dkt. 154; Roe; 0kt. 118] be and are DENIED; and it is further ORDERED that the defendants correct the record to update the names of the defendants. Signed by District Judge Leonie M. Brinkema on 3/27/20. (yguy) (Entered: 03/27/2020) |
| 05/04/2020 | 252 | MOTION to Seal Plaintiffs’ Memorandum in Support of Plaintiffs’ Motion for Summary Judgment and Exhibits 4, 11, 13, 14-19, 42, 49, 62 and 63 in Support of Their Motion for Summary Judgment by Nick Harrison, The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 05/04/2020) |
| 05/04/2020 | 253 | Notice of Filing Sealing Motion LCvR5(C) by Nick Harrison, The Modern Military Association of America re 252 MOTION to Seal Plaintiffs’ Memorandum in Support of Plaintiffs’ Motion for Summary Judgment and Exhibits 4, 11, 13, 14-19, 42, 49, 62 and 63 in Support of Their Motion for Summary Judgment (Harding, John) (Entered: 05/04/2020) |
| 05/04/2020 | 254 | Memorandum in Support re 252 MOTION to Seal Plaintiffs’ Memorandum in Support of Plaintiffs’ Motion for Summary Judgment and Exhibits 4, 11, 13, 14-19, 42, 49, 62 and 63 in Support of Their Motion for Summary Judgment filed by Nick Harrison, The Modern Military Association of America. (Harding, John) (Entered: 05/04/2020) |
| 05/04/2020 | 255 | Sealed Document re 252 MOTION to Seal Plaintiffs’ Memorandum in Support of Plaintiffs’ Motion for Summary Judgment and Exhibits 4, 11, 13, 14-19, 42, 49, 62 and 63 in Support of Their Motion for Summary Judgment. (Attachments: # 1 Exhibit 4, # 2 Exhibit 11, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 42, # 11 Exhibit 49, # 12 Exhibit 62, # 13 Exhibit 63)(Harding, John) (Entered: 05/04/2020) |
| 05/04/2020 | 256 | MOTION for Summary Judgment by Nick Harrison, The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 05/04/2020) |
| 05/04/2020 | 257 | Memorandum in Support re 256 MOTION for Summary Judgment filed by Nick Harrison, The Modern Military Association of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, Part 1 of 3, # 45 Exhibit 44, Part 2 of 3, # 46 Exhibit 44, Part 3 of 3, # 47 Exhibit 45, # 48 Exhibit 46, # 49 Exhibit 47, # 50 Exhibit 48, # 51 Exhibit 49, # 52 Exhibit 50, # 53 Exhibit 51, # 54 Exhibit 52, # 55 Exhibit 53, # 56 Exhibit 54, # 57 Exhibit 55, # 58 Exhibit 56, # 59 Exhibit 57, # 60 Exhibit 58, # 61 Exhibit 59, # 62 Exhibit 60, # 63 Exhibit 61, # 64 Exhibit 62, # 65 Exhibit 63)(Harding, John) (Entered: 05/04/2020) |
| 05/04/2020 | 258 | Notice of Hearing Date set for July 31, 2020 re 256 MOTION for Summary Judgment (Harding, John) (Entered: 05/04/2020) |
| 05/05/2020 | Set Deadlines as to 256 MOTION for Summary Judgment . Motion Hearing set for 7/31/2020 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 05/05/2020) | |
| 05/08/2020 | 259 | ORDER granting 252 Motion to Seal Plaintiffs’ Memorandum in Support of Plaintiffs’ Motion for Summary Judgment and Exhibits 4, 11, 13, 14-19, 42, 49, 62 and 63 in Support of Their Motion for Summary Judgment. Signed by District Judge Leonie M. Brinkema on 5/8/2020. (aott) (Entered: 05/08/2020) |
| 05/27/2020 | 260 | NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of Mark Esper, Richard V. Spencer, U.S. Department of Defense (Barghaan, Dennis) (Entered: 05/27/2020) |
| 05/27/2020 | 261 | Joint MOTION for Leave to File Excess Pages by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 05/27/2020) |
| 05/27/2020 | 262 | ORDER granting 261 Motion for Leave to File Excess Pages. It is further ORDERED that Defendants’ combined opposition to Plaintiffs’ partial summary judgment motion and cross motion for summary judgment shall not exceed 80 pages and Defendants’ reply brief shall not exceed 30 pages. Signed by District Judge Leonie M. Brinkema on 5/27/2020. (dvanm, ) (Entered: 05/28/2020) |
| 06/03/2020 | 263 | MOTION for Summary Judgment by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 264 | Memorandum in Support re 263 MOTION for Summary Judgment , 256 MOTION for Summary Judgment , Memorandum in Opposition filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Exhibit 1 (Part I), # 2 Exhibit 1 (Part II), # 3 Exhibit 1 (Part III), # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 265 | EXHIBIT by Mark Esper, Richard V. Spencer, U.S. Department of Defense.. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 12, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15, # 10 Exhibit 16, # 11 Exhibit 17, # 12 Exhibit 18, # 13 Exhibit 19, # 14 Exhibit 20, # 15 Exhibit 21, # 16 Exhibit 22, # 17 Exhibit 23, # 18 Exhibit 24, # 19 Exhibit 25)(Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 266 | EXHIBIT by Mark Esper, Richard V. Spencer, U.S. Department of Defense.. (Attachments: # 1 Exhibit 26, # 2 Exhibit 27 (Part I), # 3 Exhibit 27 (Part II), # 4 Exhibit 28, # 5 Exhibit 29, # 6 Exhibit 30, # 7 Exhibit 31, # 8 Exhibit 32, # 9 Exhibit 33, # 10 Exhibit 34, # 11 Exhibit 35, # 12 Exhibit 36, # 13 Exhibit 37, # 14 Exhibit 38, # 15 Exhibit 39, # 16 Exhibit 40, # 17 Exhibit 41, # 18 Exhibit 42, # 19 Exhibit 43, # 20 Exhibit 44, # 21 Exhibit 45, # 22 Exhibit 46)(Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 267 | EXHIBIT by Mark Esper, Richard V. Spencer, U.S. Department of Defense.. (Attachments: # 1 Exhibit 47, # 2 Exhibit 48, # 3 Exhibit 49, # 4 Exhibit 50, # 5 Exhibit 51, # 6 Exhibit 52, # 7 Exhibit 53, # 8 Exhibit 54, # 9 Exhibit 55, # 10 Exhibit 56, # 11 Exhibit 57, # 12 Exhibit 58, # 13 Exhibit 59, # 14 Exhibit 60)(Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 268 | Notice of Hearing Date set for 7/31/2020 re 263 MOTION for Summary Judgment (Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 269 | MOTION to Seal Certain Summary Judgment Filings by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 270 | Memorandum in Support re 269 MOTION to Seal Certain Summary Judgment Filings filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 271 | Notice of Under Seal Filing LCvR5 (B) by Mark Esper, Richard V. Spencer, U.S. Department of Defense re 269 MOTION to Seal Certain Summary Judgment Filings (Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 272 | Sealed Memorandum in Support re 264 Memorandum in Support,, Memorandum in Opposition,. (Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 273 | Sealed Document re 264 Memorandum in Support,, Memorandum in Opposition,. (Attachments: # 1 Exhibit 15, # 2 Exhibit 25, # 3 Exhibit 28, # 4 Exhibit 30, # 5 Exhibit 31, # 6 Exhibit 44, # 7 Exhibit 58, # 8 Exhibit 60)(Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 274 | MOTION to Exclude Evidence by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 275 | Memorandum in Support re 274 MOTION to Exclude Evidence filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Exhibit A)(Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/03/2020 | 276 | Notice of Hearing Date set for 7/31/20 re 274 Motion to Exclude Evidence (Barghaan, Dennis) (Entered: 06/03/2020) |
| 06/04/2020 | Set Deadlines as to 274 MOTION to Exclude Evidence, 263 MOTION for Summary Judgment . Motion Hearing set for 7/31/2020 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 06/04/2020) | |
| 06/04/2020 | 277 | ORDER granting 269 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 06/04/2020. (dvanm, ) (Entered: 06/04/2020) |
| 06/10/2020 | 278 | Consent MOTION for Extension of Briefing Deadlines by Nick Harrison, OutServe-SLDN, Inc., The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 06/10/2020) |
| 06/10/2020 | 279 | ORDERED that defendant’s Motion to Exclude Evidence [Harrison, Dkt. 274; Roe, Dkt. 286] be and is DENIED; and it is further ORDERED that plaintiffs Motion for Extension of Briefing Deadlines [Harrison, Dkt. 279; Roe, Dkt. 290] be and is DENIED as moot. Signed by District Judge Leonie M. Brinkema on 06/10/2020. (dvanm, ) (Entered: 06/10/2020) |
| 06/11/2020 | 280 | NOTICE by Mark Esper, Richard V. Spencer, U.S. Department of Defense re 275 Memorandum in Support, 272 Sealed Memorandum in Support, 264 Memorandum in Support,, Memorandum in Opposition, of Errata (Attachments: # 1 Exhibit 22 (Refiled), # 2 Exhibit 35 (Refiled))(Barghaan, Dennis) (Entered: 06/11/2020) |
| 06/22/2020 | 281 | ORDERED that the hearing currently scheduled for Friday, July 31, 2020 at 10:00 a.m. be and is RESCHEDULED for Tuesday, August 4, 2020 at 11:00 a.m. Signed by District Judge Leonie M. Brinkema on 06/22/2020. (jlan) (Entered: 06/22/2020) |
| 06/22/2020 | Reset Hearing as to 256 MOTION for Summary Judgment , 263 MOTION for Summary Judgment . Motion Hearing set for 8/4/2020 at 11:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (jlan) (Entered: 06/22/2020) | |
| 07/02/2020 | 282 | MOTION to Seal Plaintiffs’ Combined Reply in Support of Plaintiffs’ Motions for Summary Judgment and Opposition to Defendants’ Motions for Summary Judgment and Exhibits 64, 70, and 76 by Nick Harrison, OutServe-SLDN, Inc., The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 07/02/2020) |
| 07/02/2020 | 283 | Memorandum in Support re 282 MOTION to Seal Plaintiffs’ Combined Reply in Support of Plaintiffs’ Motions for Summary Judgment and Opposition to Defendants’ Motions for Summary Judgment and Exhibits 64, 70, and 76 filed by Nick Harrison, OutServe-SLDN, Inc., The Modern Military Association of America. (Harding, John) (Entered: 07/02/2020) |
| 07/02/2020 | 284 | Notice of Filing Sealing Motion LCvR5(C) by Nick Harrison, The Modern Military Association of America re 282 MOTION to Seal Plaintiffs’ Combined Reply in Support of Plaintiffs’ Motions for Summary Judgment and Opposition to Defendants’ Motions for Summary Judgment and Exhibits 64, 70, and 76 (Harding, John) (Entered: 07/02/2020) |
| 07/02/2020 | 285 | Sealed Response/Reply/Opposition re 263 MOTION for Summary Judgment , 256 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 64, # 2 Exhibit 70, # 3 Exhibit 76)(Harding, John) (Entered: 07/02/2020) |
| 07/02/2020 | 286 | Reply to Motion re 263 MOTION for Summary Judgment , 256 MOTION for Summary Judgment , RESPONSE in Opposition filed by Nick Harrison, OutServe-SLDN, Inc., The Modern Military Association of America. (Attachments: # 1 Exhibit 64 (Filed Under Seal), # 2 Exhibit 65, # 3 Exhibit 66, # 4 Exhibit 67, # 5 Exhibit 68, # 6 Exhibit 69, # 7 Exhibit 70 (Filed Under Seal), # 8 Exhibit 71, # 9 Exhibit 72, # 10 Exhibit 73, # 11 Exhibit 74, # 12 Exhibit 75, # 13 Exhibit 76 (Filed Under Seal))(Harding, John) (Entered: 07/02/2020) |
| 07/06/2020 | 287 | ORDER granting 282 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 7/6/2020. (dvanm, ) (Entered: 07/06/2020) |
| 07/20/2020 | 288 | REPLY to Response to Motion re 263 MOTION for Summary Judgment filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Exhibit Ex 61, # 2 Exhibit Ex 62, # 3 Exhibit Ex 63, # 4 Exhibit Ex 64 (Placeholder for Under Seal Ex), # 5 Exhibit Ex 65 (Placeholder for Under Seal Ex), # 6 Exhibit Ex 66, # 7 Exhibit Ex 67, # 8 Exhibit Ex 68, # 9 Exhibit Ex 69, # 10 Exhibit Ex 70, # 11 Exhibit Ex 71)(Barghaan, Dennis) (Entered: 07/20/2020) |
| 07/20/2020 | 289 | MOTION to Seal Certain Summary Judgment Reply Filings by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 07/20/2020) |
| 07/20/2020 | 290 | Sealed Document re 288 Reply to Response to Motion, 289 MOTION to Seal Certain Summary Judgment Reply Filings. (Attachments: # 1 Exhibit Ex 64, # 2 Exhibit Ex 65, # 3 Exhibit Ex 29 (erroneously omitted from Dkt. 273))(Barghaan, Dennis) (Entered: 07/20/2020) |
| 07/20/2020 | 291 | Memorandum in Support re 289 MOTION to Seal Certain Summary Judgment Reply Filings filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 07/20/2020) |
| 07/20/2020 | 292 | Notice of Under Seal Filing LCvR5 (B) by Mark Esper, Richard V. Spencer, U.S. Department of Defense re 289 MOTION to Seal Certain Summary Judgment Reply Filings (Barghaan, Dennis) (Entered: 07/20/2020) |
| 07/21/2020 | 293 | SO ORDERED re 289 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 07/21/2020. (dvanm, ) (Entered: 07/21/2020) |
| 07/30/2020 | 294 | ORDER cancelling the summary judgment hearing currently scheduled for Tuesday, August 4, 2020 at 11:00 a.m; directing that a new date for the hearing will be set in the near future. Signed by Magistrate Judge Ivan D. Davis on 7/30/2020. (aott, ) (Entered: 07/30/2020) |
| 07/30/2020 | ***Motion Hearing terminated- Per ECF 294*** (aott, ) (Entered: 07/30/2020) | |
| 08/06/2020 | 295 | ORDER directing that the summary judgment hearing previously scheduled for Tuesday, August 4, 2020 be and is RESCHEDULED for Tuesday, August 18, 2020 at 2:00 p.m. Whether the hearing will be conducted in-person or remotely will be determined closer to the hearing date.Hearing set for 8/18/2020 at 02:00 PM before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 8/6/2020. (aott, ) (Entered: 08/06/2020) |
| 08/13/2020 | 296 | ORDERED that the summary judgment hearing previously scheduled for Tuesday,August 18, 2020 at 2:00 p.m. be and is CONTINUED until Monday, September 14, 2020 at 10:00 a.m. The hearing will be conducted in person due to the importance of these actions. Signed by District Judge Leonie M. Brinkema on 08/13/2020. (dvanm, ) (Entered: 08/13/2020) |
| 08/13/2020 | Alexandria Reset Hearings: Summary Judgment Hearing set for 9/14/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Leonie M. Brinkema. (dvanm, ) (Entered: 08/13/2020) | |
| 08/13/2020 | Alexandria Reset Hearings: Summary Judgment Hearing set for 9/14/2020 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (dvanm, ) (Entered: 08/13/2020) | |
| 09/09/2020 | 297 | NOTICE by Nick Harrison, OutServe-SLDN, Inc., The Modern Military Association of America of Related Case (Attachments: # 1 Exhibit A)(Harding, John) (Entered: 09/09/2020) |
| 09/14/2020 | 298 | Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 9/14/2020. Appearances of counsel. Pltfs 256 MOTION for Summary Judgment and defts 263 MOTION for Summary Judgment are argued and TAKEN UNDER ADVISEMENT. (Court Reporter A. Thomson.)(yguy) (Entered: 09/14/2020) |
| 10/13/2020 | 299 | TRANSCRIPT of proceedings held on 9/14/2020, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/12/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 1/11/2021.(thomson, anneliese) (Entered: 10/13/2020) |
| 03/24/2021 | 300 | NOTICE by Nick Harrison, OutServe-SLDN, Inc., The Modern Military Association of America (NOTICE OF CHANGE OF AFFILIATION AND ADDRESS) (Harding, John) (Entered: 03/24/2021) |
| 04/07/2021 | 301 | Motion to appear Pro Hac Vice by Gregory Nevins and Certification of Local Counsel John Harding Filing fee $ 75, receipt number 0422-7711070. by Nick Harrison. (Harding, John) (Entered: 04/07/2021) |
| 04/08/2021 | 302 | ORDER granting 301 Motion for Pro hac vice Appointed Gregory Nevins for Nick Harrison. Signed by District Judge Leonie M. Brinkema on 4/8/2021. (clar, ) (Entered: 04/08/2021) |
| 04/22/2021 | 303 | MOTION to Withdraw as Attorney Alexandra Hemmings by Nick Harrison, OutServe-SLDN, Inc.. (Harding, John) (Entered: 04/22/2021) |
| 04/22/2021 | 304 | ORDER granting 303 Motion to Withdraw as Attorney.. Signed by District Judge Leonie M. Brinkema on 04/22/2021. (dvanm, ) (Entered: 04/22/2021) |
| 07/26/2021 | 305 | NOTICE by Nick Harrison, OutServe-SLDN, Inc., The Modern Military Association of America of Change of Affiliation and Address (Harding, John) (Entered: 07/26/2021) |
| 12/23/2021 | 306 | STATUS REPORT by Nick Harrison, The Modern Military Association of America. (Harding, John) (Entered: 12/23/2021) |
| 04/06/2022 | 307 | Under Seal Memorandum Opinion re 263 MOTION for Summary Judgment , 256 MOTION for Summary Judgment. (c/s) (yguy) (Entered: 04/06/2022) |
| 04/06/2022 | 308 | ORDER granting 256 Motion for Summary Judgment; denying 263 Motion for Summary Judgment. (see order for details). Signed by District Judge Leonie M. Brinkema on 4/6/22. (yguy) (Entered: 04/06/2022) |
| 04/21/2022 | 309 | ORDER: Because the parties have advised the Court that they are not proposing any redactions to the Memorandum Opinion filed under seal on April 6, 2022, it is hereby ORDERED that the Memorandum Opinion [Dkt. No. 307] be and is UNSEALED. Signed by District Judge Leonie M. Brinkema on 4/21/22. (yguy) (Entered: 04/21/2022) |
| 05/04/2022 | 310 | STATUS REPORT by Nick Harrison, The Modern Military Association of America. (Harding, John) (Entered: 05/04/2022) |
| 05/04/2022 | 311 | ORDERED that the parties file a joint status report on the subject of attorneys’ fees and expenses within thirty (30) days. Signed by District Judge Leonie M. Brinkema on 5/4/2022. (swil) (Entered: 05/04/2022) |
| 05/09/2022 | 312 | Letter (joint) Requesting Clarification of Order. (Harding, John) (Entered: 05/09/2022) |
| 05/10/2022 | 313 | ORDERED that the Request for Clarification [Dkt. No. 312] is GRANTED, and it is hereby ORDERED that the Court’s April 6, 2022, Order will be amended to include the omitted injunction (see Order for Details). Signed by District Judge Leonie M. Brinkema on 5/10/2022. (nneb) (Entered: 05/10/2022) |
| 05/10/2022 | 314 | AMENDED ORDER in re 307 Memorandum Opinion, Plaintiffs’ Motion for Summary Judgment [Dkt. No. 256] is GRANTED, Defendants’ Cross-Motion for Summary Judgment [Dkt. No. 263] is DENIED (see Order for details). Signed by District Judge Leonie M. Brinkema on 5/10/2022. (nneb) (Entered: 05/10/2022) |
| 06/03/2022 | 315 | STATUS REPORT (Joint) by Nick Harrison, The Modern Military Association of America. (Harding, John) (Entered: 06/03/2022) |
| 06/03/2022 | 316 | ORDERED that the parties file a joint status report on the subject of attorneys’ fees and expenses no later than close of business on June 30, 2022. Signed by District Judge Leonie M. Brinkema on 06/03/2022. (show) (Entered: 06/06/2022) |
| 06/06/2022 | 317 | NOTICE OF APPEAL by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 06/06/2022) |
| 06/15/2022 | 318 | Transmission of Notice of Appeal to US Court of Appeals re 317 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) (jlan) (Entered: 06/15/2022) |
| 06/17/2022 | 319 | USCA Case Number 22-1665, case manager Rickie Edwards, 4th Circuit for 317 Notice of Appeal filed by U.S. Department of Defense, Richard V. Spencer, Mark Esper. (swil) (Entered: 06/17/2022) |
| 06/30/2022 | 320 | STATUS REPORT (Joint) by Nick Harrison, The Modern Military Association of America. (Harding, John) (Entered: 06/30/2022) |
| 06/30/2022 | 321 | ORDERED that the parties file a joint status report on the subject of attorneys’ fees and expenses no later than close of business on Wednesday, July 27, 2022. Signed by District Judge Leonie M. Brinkema on 6/30/2022. (nneb) (Entered: 06/30/2022) |
| 07/07/2022 | 322 | ORDER of USCA as to 317 Notice of Appeal filed by U.S. Department of Defense, Richard V. Spencer, Mark Esper. Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. (nneb) (Entered: 07/07/2022) |
| 07/07/2022 | 323 | USCA Rule 42(b) Mandate re 317 Notice of Appeal. This court’s order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (nneb) (Entered: 07/07/2022) |
| 07/19/2022 | 324 | MOTION for Extension of Time to File Motion for Attorney’s Fees (Unopposed) by Nick Harrison, The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 07/19/2022) |
| 07/19/2022 | 325 | Waiver of Argument to Plaintiffs’ Unopposed Motion to Extend Time to File Motion for Attorney’s Fees (Unopposed) by Nick Harrison, The Modern Military Association of America (Harding, John) (Entered: 07/19/2022) |
| 07/20/2022 | 326 | ORDERED that 324 the motion is GRANTED. Plaintiffs’ motion for attorney’s fees, if any, is due August 8, 2022. Signed by District Judge Leonie M. Brinkema on 07/20/2022. (dvanm) (Entered: 07/20/2022) |
| 07/27/2022 | 327 | STATUS REPORT (Joint) by Nick Harrison, The Modern Military Association of America. (Harding, John) (Entered: 07/27/2022) |
| 08/05/2022 | 328 | MOTION for Attorney Fees by Nick Harrison, The Modern Military Association of America. (Harding, John) (Entered: 08/05/2022) |
| 08/05/2022 | 329 | Memorandum in Support re 328 MOTION for Attorney Fees filed by Nick Harrison, The Modern Military Association of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Proposed Order)(Harding, John) (Entered: 08/05/2022) |
| 08/05/2022 | 330 | Notice of Hearing Date re 328 MOTION for Attorney Fees (Harding, John) (Entered: 08/06/2022) |
| 08/06/2022 | 331 | MOTION to Seal Exhibits 5 & 6 to Plaintiffs’ Memorandum in Support of Motion for Attorney’s Fees and Costs by Nick Harrison, The Modern Military Association of America. (Harding, John) (Entered: 08/06/2022) |
| 08/06/2022 | 332 | Memorandum in Support re 331 MOTION to Seal Exhibits 5 & 6 to Plaintiffs’ Memorandum in Support of Motion for Attorney’s Fees and Costs filed by Nick Harrison, The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 08/06/2022) |
| 08/06/2022 | 333 | Sealed Attachment/Exhibit(s) 5 re 331 MOTION to Seal Exhibits 5 & 6 to Plaintiffs’ Memorandum in Support of Motion for Attorney’s Fees and Costs, 329 Memorandum in Support,. (Harding, John) (Entered: 08/06/2022) |
| 08/06/2022 | 334 | Sealed Attachment/Exhibit(s) 6 re 331 MOTION to Seal Exhibits 5 & 6 to Plaintiffs’ Memorandum in Support of Motion for Attorney’s Fees and Costs, 329 Memorandum in Support,. (Harding, John) (Entered: 08/06/2022) |
| 08/06/2022 | 335 | Notice of Filing Sealing Motion LCvR5(C) by Nick Harrison, The Modern Military Association of America re 331 MOTION to Seal Exhibits 5 & 6 to Plaintiffs’ Memorandum in Support of Motion for Attorney’s Fees and Costs (Harding, John) (Entered: 08/06/2022) |
| 08/06/2022 | Set Deadlines as to 328 MOTION for Attorney Fees . Motion Hearing set for 9/16/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 08/08/2022) | |
| 08/16/2022 | 336 | Joint MOTION for Extension of Deadlines Relating to Plaintiff’s Motion for Attorney’s Fees by Nick Harrison, The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 08/16/2022) |
| 08/16/2022 | 337 | ORDERED that 336 the motion is GRANTED. The following schedule is ordered:September 9, 2022. Defendants file their response brief. September 20, 2022. Plaintiffs file their reply brief. September 23, 2022. Hearing on motion. Signed by District Judge Leonie M. Brinkema on 08/16/2022. (dvanm) (Entered: 08/16/2022) |
| 08/23/2022 | 338 | ORDER granting 331 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 8/23/2022. (show) (Entered: 08/23/2022) |
| 08/26/2022 | 339 | Joint MOTION re 328 MOTION for Attorney Fees by Nick Harrison, The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 08/26/2022) |
| 08/29/2022 | Reset Deadlines as to 328 MOTION for Attorney Fees . Motion Hearing set for 9/23/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 08/29/2022) | |
| 08/29/2022 | 340 | ORDER granting 339 Motion to Hold Fee Petition in Abeyance only to the extent that defendant’s opposition brief need not be filed until close of business on Wednesday, September 21, 2022; a reply brief will not be needed; and it is hereby ORDERED that argument on Plaintiffs’ Motion for Attorney’s Fees and Costs [Dkt. No. 328] will be held at 9:00 AM on Friday, September 23, 2022. Signed by District Judge Leonie M. Brinkema on 8/29/2022. (show) Modified to correct text on 8/29/2022 (dvanm). (Entered: 08/29/2022) |
| 08/29/2022 | Set/Reset Hearings: Motion Hearing set for 9/23/2022 at 09:00 AM before District Judge Leonie M. Brinkema. (show) (Entered: 09/01/2022) | |
| 09/20/2022 | 341 | Withdrawal of Motion by Nick Harrison, The Modern Military Association of America re 328 MOTION for Attorney Fees (Harding, John) (Entered: 09/20/2022) |
| 09/20/2022 | 342 | ORDER: The parties have notified the Court that they have resolved the only remaining issue in these two related civil actions – the plaintiffs Motion for Attorney’s Fees and Costs [Dkt. No. 342 in 1 : l 8-cv-1565 and 0kt. No. 328 in 1: 18-cv-641 ]. Accordingly, it is hereby ORDERED that the Clerk designate these motions as resolved by settlement and close these civil actions; and it is further ORDERED that the hearing on the plaintiffs Motion for Attorney’s Fees and Costs which was noticed for September 23, 2022 [Dkt. No. 354 in 1: 18-cv-1 565 and Dkt. No. 340 in 1: l 8-cv-641] be and is CANCELLED. Signed by District Judge Leonie M. Brinkema on 9/20/22. (yguy) (Entered: 09/20/2022) |
| 04/05/2023 | 343 | MOTION for Clarification of Order re 314 Order, 308 Order on Motion for Summary Judgment, by Nick Harrison. (Attachments: # 1 Proposed Order)(Harding, John) (Entered: 04/05/2023) |
| 04/05/2023 | 344 | Memorandum in Support re 343 MOTION for Clarification of Order re 314 Order, 308 Order on Motion for Summary Judgment, filed by Nick Harrison. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Harding, John) (Entered: 04/05/2023) |
| 04/05/2023 | 345 | Notice of Hearing Date set for Friday, April 28, 2023, at 10:00 am re 344 Memorandum in Support, (Harding, John) (Entered: 04/05/2023) |
| 04/06/2023 | Set Deadline as to 343 MOTION for Clarification of Order re 314 Order, 308 Order on Motion for Summary Judgment. Motion Hearing set for 4/28/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, ) (Entered: 04/06/2023) | |
| 04/17/2023 | 346 | Withdrawal of Motion by Nick Harrison re 343 MOTION for Clarification of Order re 314 Order, 308 Order on Motion for Summary Judgment, (Harding, John) (Entered: 04/17/2023) |
| 04/17/2023 | 347 | ORDER: The Court is pleased to have been advised by plaintiffs that the defendants have taken an initial step in completing Sergeant Harrison’s Judge Advocate General Corps commission process. Accordingly, the Court accepts plaintiffs Notice of Withdrawal of Motion for Clarification of Order [Dkt. No. 346], and it is hereby ORDERED that the hearing scheduled for Friday, April 28, 2023 at 10:00 a.m. be and is CANCELLED. Signed by District Judge Leonie M. Brinkema on 4/17/23. (yguy) (Entered: 04/18/2023) |
| 05/03/2023 | 348 | NOTICE of Appearance by Ashley Phillips on behalf of The Modern Military Association of America (Phillips, Ashley) (Entered: 05/03/2023) |
| 05/03/2023 | 349 | MOTION to Enforce Judgment and for Order to Show Cause by The Modern Military Association of America. (Phillips, Ashley) (Entered: 05/03/2023) |
| 05/03/2023 | 350 | Brief in Support to 349 MOTION to Enforce Judgment and for Order to Show Cause filed by The Modern Military Association of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order Proposed Order)(Phillips, Ashley) (Entered: 05/03/2023) |
| 05/03/2023 | 351 | Notice of Hearing Date set for June 23, 2023 re 349 MOTION to Enforce Judgment and for Order to Show Cause (Phillips, Ashley) (Entered: 05/03/2023) |
| 05/04/2023 | Set Deadline as to 349 MOTION to Enforce Judgment and for Order to Show Cause. Motion Hearing set for 6/23/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, ) (Entered: 05/04/2023) | |
| 05/05/2023 | 352 | MOTION to Withdraw as Attorney John W.H. Harding by The Modern Military Association of America. (Harding, John) (Entered: 05/05/2023) |
| 05/05/2023 | 353 | Joint MOTION to Modify Briefing Schedule re 349 MOTION to Enforce Judgment and for Order to Show Cause by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 05/05/2023) |
| 05/05/2023 | 354 | So Ordered in re 352 MOTION to Withdraw as Attorney John W.H. Harding. Signed by District Judge Leonie M. Brinkema on 5/5/2023. (show) (Entered: 05/05/2023) |
| 05/05/2023 | 355 | ORDERED that the motion is GRANTED. It is hereby ORDERED that the Defendants shall file their opposition by June 2, 2023, and the Plaintiffs shall file their reply by June 16, 2023 in re 353 Joint MOTION to Modify Briefing Schedule. Signed by District Judge Leonie M. Brinkema on 5/5/23. (show) (Entered: 05/08/2023) |
| 05/09/2023 | 356 | MOTION to Withdraw as Attorney (Ingelhart and Nevins) by Nick Harrison, OutServe-SLDN, Inc., The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Phillips, Ashley) (Entered: 05/09/2023) |
| 05/09/2023 | 357 | ORDER granting 356 MOTION to Withdraw as Attorney (Ingelhart and Nevins). ORDERED that Kara N. Ingelhart and Gregory R. Nevins are TERMINATED as counsel for Plaintiffs and removed from all service lists. Signed by District Judge Leonie M. Brinkema on 5/9/2023. (show) (Entered: 05/09/2023) |
| 06/02/2023 | 358 | NOTICE by Nick Harrison, The Modern Military Association of America re 349 MOTION to Enforce Judgment and for Order to Show Cause Amended and Supplemental Evidence in Support of Motion to Enforce and Order to Show Cause (Attachments: # 1 Exhibit, # 2 Exhibit)(Phillips, Ashley) (Entered: 06/02/2023) |
| 06/02/2023 | 359 | MOTION to File Under Seal Exhibits C by Nick Harrison, The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Phillips, Ashley) (Entered: 06/02/2023) |
| 06/02/2023 | 360 | Notice of Filing Sealing Motion LCvR5(C) by Nick Harrison, The Modern Military Association of America re 359 MOTION to Seal (Phillips, Ashley) (Entered: 06/02/2023) |
| 06/02/2023 | 361 | Sealed Exhibit C re 359 MOTION to Seal . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Phillips, Ashley) (Entered: 06/02/2023) |
| 06/02/2023 | 362 | Memorandum in Support re 359 MOTION to Seal filed by Nick Harrison, The Modern Military Association of America. (Phillips, Ashley) (Entered: 06/02/2023) |
| 06/02/2023 | 363 | Defendants’ Memorandum in Opposition re 349 MOTION to Enforce Judgment and for Order to Show Cause filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Barghaan, Dennis) (Entered: 06/02/2023) |
| 06/02/2023 | 364 | Defendants’ MOTION to File Under Seal by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 06/02/2023) |
| 06/02/2023 | 365 | Defendants’ Memorandum in Support re 364 MOTION to Seal filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 06/02/2023) |
| 06/02/2023 | 366 | Notice of Filing Sealing Motion LCvR5(C) by Mark Esper, Richard V. Spencer, U.S. Department of Defense re 364 MOTION to Seal (Barghaan, Dennis) (Entered: 06/02/2023) |
| 06/02/2023 | 367 | Sealed Exhibit 7 re 363 Memorandum in Opposition,. (Barghaan, Dennis) (Entered: 06/02/2023) |
| 06/02/2023 | 368 | Sealed Exhibit 9 re 363 Memorandum in Opposition,. (Barghaan, Dennis) (Entered: 06/02/2023) |
| 06/02/2023 | 369 | Sealed Exhibit 10 re 363 Memorandum in Opposition,. (Barghaan, Dennis) (Entered: 06/02/2023) |
| 06/02/2023 | 370 | Sealed Exhibit 11 re 363 Memorandum in Opposition,. (Barghaan, Dennis) (Entered: 06/02/2023) |
| 06/02/2023 | 371 | ORDER granting 359 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 6/2/2023. (swil) (Entered: 06/05/2023) |
| 06/12/2023 | 372 | MOTION to Clarify and Enforce in re 314 Order, filed by Nick Harrison. (Attachments: # 1 Declaration of Nicholas Harrison)(show) (Entered: 06/16/2023) |
| 06/12/2023 | 373 | NOTICE of Appearance, filed by Nick Harrison. (show) (Entered: 06/16/2023) |
| 06/16/2023 | 374 | MOTION to Seal by Nick Harrison. (Attachments: # 1 Proposed Order)(Phillips, Ashley) (Entered: 06/16/2023) |
| 06/16/2023 | 375 | Notice of Filing Sealing Motion LCvR5(C) by Nick Harrison, The Modern Military Association of America re 374 MOTION to Seal (Phillips, Ashley) (Entered: 06/16/2023) |
| 06/16/2023 | 376 | Reply to Motion re 349 MOTION to Enforce Judgment and for Order to Show Cause filed by Nick Harrison. (Phillips, Ashley) (Entered: 06/16/2023) |
| 06/16/2023 | 377 | Sealed Document re 376 Reply to Motion, 374 MOTION to Seal . (Phillips, Ashley) (Entered: 06/16/2023) |
| 06/16/2023 | 378 | Memorandum in Support re 374 MOTION to Seal filed by Nick Harrison, The Modern Military Association of America. (Phillips, Ashley) (Entered: 06/16/2023) |
| 06/16/2023 | 379 | ORDER granting 374 Motion to Seal. The Court ORDERS the Exhibit A to Plaintiff’s Reply in Support of Plaintiff Richard Roe and Modem Military Association of America’s Motion to Enforce the Orders Dated April 6, 2022 (as Amended May 10,2022) and For an Order to Show Cause Why Defendants Should Not be Held in Contempt be filed under seal. Signed by District Judge Leonie M. Brinkema on 6/16/2023. (Dest) Modified docket text on 6/16/2023 (Dest). (Entered: 06/16/2023) |
| 06/19/2023 | 380 | MOTION to Withdraw as Attorney by Nick Harrison. (Attachments: # 1 Proposed Order)(Phillips, Ashley) (Entered: 06/19/2023) |
| 06/20/2023 | 381 | ORDERED that the Motion for Leave to Withdraw is GRANTED. It is hereby ORDERED that counsel Peter Perkowski, Scott Schoettes, and Ashley Phillips are TERMINATED as counsel for plaintiff Nick Harrison only; and further ORDERED that counsel Peter Perkowski, Scott Schoettes, and Ashely Phillips continue as counsel for plaintiff Modem Military Association of America and continue to receive notice of all ECF filings on that basis in re 380 Motion to Withdraw as Attorney. Signed by District Judge Leonie M. Brinkema on 6/20/2023. (show) (Entered: 06/20/2023) |
| 06/20/2023 | 382 | MOTION to Withdraw as Attorney John W.H. Harding by Nick Harrison. (Harding, John) (Entered: 06/20/2023) |
| 06/20/2023 | 383 | MOTION to Withdraw as Attorney by Nick Harrison. (Sommer, Andrew) (Entered: 06/20/2023) |
| 06/20/2023 | 384 | ORDERED that John W.H. Harding’s representation of plaintiff Nick Harrison be and is TERMINATED in re 382 MOTION to Withdraw as Attorney John W.H. Harding. Signed by District Judge Leonie M. Brinkema on 6/20/2023. (Dest) (Entered: 06/20/2023) |
| 06/20/2023 | 385 | ORDERED that the Motion is GRANTED, and it is hereby ORDERED that Andrew R. Sommer’s representation of plaintiffs Nick Harrison and MMAA be and is TERMINATED in re 383 Motion to Withdraw as Attorney. Signed by District Judge Leonie M. Brinkema on 6/20/2023. (Dest) (Entered: 06/20/2023) |
| 06/20/2023 | 386 | ORDER: Acting pro se. plaintiff Nick Harrison filed a Motion to Clarify and Enforce (“Motion”) on June 12,2023, which was not docketed until June 16,2023. [Dkt. No. 372]. Although plaintiff has neither waived nor noticed a hearing on his Motion, oral argument will aid the Court’s decisional process. Accordingly, it is hereby ORDERED that oral argument on plaintiff’s Motion be and is SCHEDULED for Friday,July 14, 2023 at 10:00 a.m.. Signed by District Judge Leonie M. Brinkema on 6/20/23. (yguy) (Entered: 06/21/2023) |
| 06/20/2023 | 387 | ORDERED that oral argument on plaintiff’s Motion be and is SCHEDULED for Friday, July 14, 2023 at 10:00 a.m. in re 372 MOTION to Clarify and Enforce re [Dkt.314] Order. Signed by District Judge Leonie M. Brinkema on 6/20/2023. (show) (Entered: 06/21/2023) |
| 06/21/2023 | 372 MOTION re 314 Order,. Motion Hearing set for 7/14/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (yguy) (Entered: 06/21/2023) | |
| 06/22/2023 | 388 | ORDER granting 364 Motion to Seal. ORDERED that the unredacted versions of the specified exhibits to Defendants’ Opposition to Plaintiffs’ Motion to Enforce Judgment and for an Order to Show Cause (i.e., Exhibits 7, 9, 10, and 11) are and shall remain UNDER SEAL pending further order of the Court. Signed by District Judge Leonie M. Brinkema on 6/22/2023. (show) (Entered: 06/22/2023) |
| 06/23/2023 | 389 | Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 6/23/2023 Appearances of counsel and pro se pltf re 349 Pltfs’ MOTION to Enforce Judgment and for Order to Show Cause filed by The Modern Military Association of America. is argued and DENIED. (order to follow) (Court Reporter S. Austin.)(yguy) (Entered: 06/23/2023) |
| 06/23/2023 | 390 | ORDER: For the reasons stated in open court, it is hereby ORDERED that plaintiffs’ Motion to Enforce the Court’s Orders Dated April 6,2022 (asAmended May 10, 2022) and for an Order to Show Cause Why Defendants Should Not Be Held in Contempt [Harrison. Dkt. No. 349]; [Roe, Dkt. No. 358] be and is DENIED.. Signed by District Judge Leonie M. Brinkema on 6/23/23. (yguy) (Entered: 06/23/2023) |
| 06/29/2023 | 391 | MOTION for Extension of Time to File Response/Reply as to 372 MOTION re 314 Order, by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Barghaan, Dennis) (Entered: 06/29/2023) |
| 06/30/2023 | 393 | Plaintiff’s Opposition re 391 MOTION for Extension of Time to File Response/Reply. (Attachments: # 1 Proposed Order)(show) (Entered: 07/03/2023) |
| 07/03/2023 | 392 | ORDER: For these reasons, the Motion is GRANTED IN PART and DENIED IN PART. Accordingly, it is hereby ORDERED that the defendants file their opposition memorandum by Friday, July 7, 2023, and plaintiff file his reply memorandum before noon on Thursday, July 13, 2023. Signed by District Judge Leonie M. Brinkema on 07/03/2023. (tran) (Entered: 07/03/2023) |
| 07/07/2023 | 394 | Memorandum of Law in Opposition to 372 MOTION to Clarify and Enforce re (Dkt. No.314) Order, filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 07/07/2023) |
| 07/10/2023 | 395 | Plaintiff’s Reply to Defendants’ Memorandum of Law in Opposition to Plaintiff’s Pro Se Motion to Clarify and Enforce in re 394 Memorandum in Opposition filed by Nick Harrison. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(show) (Entered: 07/11/2023) |
| 07/11/2023 | 396 | NOTICE of Appearance by John Arch Irvin on behalf of The Modern Military Association of America (Irvin, John) (Entered: 07/11/2023) |
| 07/11/2023 | 397 | MOTION to Withdraw as Attorney by The Modern Military Association of America. (Attachments: # 1 Proposed Order)(Phillips, Ashley) (Entered: 07/11/2023) |
| 07/11/2023 | 398 | ORDER granting 397 Motion to Withdraw as Attorney. Attorney Ashley Phillips terminated. Signed by District Judge Leonie M. Brinkema on 07/11/2023. (show) (Entered: 07/11/2023) |
| 07/14/2023 | 399 | Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 7/14/2023. Appearances of pro se pltf and defts counsels. Court advised of case status. Pltf’s 372 MOTION re 314 Order is argued and GRANTED IN PART/Denied in Part. (order to follow) (Court Reporter S. Austin.)(yguy) (Main Document 399 replaced on 7/19/2023) (yguy, ). (Entered: 07/17/2023) |
| 07/19/2023 | 400 | ORDER granting in part and denying in part 372 Motion (see order for details). Signed by District Judge Leonie M. Brinkema on 7/19/23. (yguy) (Entered: 07/19/2023) |
| 08/10/2023 | 401 | TRANSCRIPT of motions hearing held on 7-14-23, before Judge Leonie M. Brinkema, Court Reporter Stephanie Austin, Telephone number 571-298-1649. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/11/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 11/8/2023.(Austin, Stephanie) (Entered: 08/10/2023) |
| 08/10/2023 | 402 | TRANSCRIPT of motions hearing held on 6-23-23, before Judge Leonie M. Brinkema, Court Reporter Stephanie Austin, Telephone number 571-298-1649. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/11/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 11/8/2023.(Austin, Stephanie) (Entered: 08/10/2023) |
| 08/18/2023 | 403 | MOTION for Order to Show Cause by Nick Harrison. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(swil) (Entered: 08/18/2023) |
| 08/23/2023 | Notice of Correction re: 403 MOTION for Order to Show Cause. Pro Se Plaintiff has been notified by mail to file a Notice of Hearing or a Notice of Waiver Oral Argument. (wgar, ) (Entered: 08/23/2023) | |
| 09/01/2023 | 404 | Opposition to 403 MOTION for Order to Show Cause filed by Mark Esper, Richard V. Spencer, U.S. Department of Defense. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Loftus, Meghan) (Entered: 09/01/2023) |
| 09/06/2023 | 405 | CERTIFICATE of Service (Amended) re 404 Opposition by Dennis Carl Barghaan, Jr on behalf of Mark Esper, Richard V. Spencer, U.S. Department of Defense (Barghaan, Dennis) (Entered: 09/06/2023) |
| 09/07/2023 | 406 | Plaintiff’s Reply to 404 Opposition, filed by Nick Harrison. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Dest) (Entered: 09/07/2023) |
| 09/15/2023 | 407 | NOTICE by Mark Esper, Richard V. Spencer, U.S. Department of Defense re 404 Opposition of Supplemental Declaration (Attachments: # 1 Supplemental Declaration)(Barghaan, Dennis) (Entered: 09/15/2023) |
| 10/04/2023 | 408 | ORDERED that Harrison’s Motion to Show Cause 403 be and is DENIED. Signed by District Judge Leonie M. Brinkema on 10/4/2023. (tran) (Entered: 10/04/2023) |
| 10/06/2023 | 409 | Mail sent to Nicholas Harrison Returned as Undeliverable. (Dest) (Entered: 10/10/2023) |
Last updated 02/13/2024
Reconciled with online docket 01/24/2024