Ostergren v. McDonnell Featured Case

Plaintiff Betty J. Ostergren challenged a Virginia statute that prohibited individuals from disseminating public records containing Social Security Numbers.

Plaintiff: Betty J. Ostergren
Defendant: Robert F. McDonnell
Case Number: 3:2008cv00362
Filed: June 11, 2008
Court: US District Court for the Eastern District of Virginia
Office: Civil Rights: Other Office
County: Hanover
Presiding Judge: Robert E. Payne
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Civil Rights Act
Docket Report

This docket was last retrieved on May 2, 2010. A more recent docket listing may be available from PACER.

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

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Plaintiff: Betty J. Ostergren
Represented By: Rebecca Kim Glenberg
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Defendant: Robert F. McDonnell
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