We have record of the following docket entries for this case.
| Date Filed | # | Document Text |
|---|
| January 20, 2011 | 168 |  ORDER of USCA as to 164 Notice of Appeal filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II, 163 Notice of Appeal filed by Kathleen Sebelius : The Court consolidates Case No. 11-1057(L) and Case No. 11-1058. (lbre, ) |
| January 20, 2011 | | USCA Case Number 11-1058, Case Manager R.Warren, for 164 Notice of Appeal filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (lbre, ) |
| January 20, 2011 | | USCA Case Number 11-1057, Case Manager R.Warren, for 163 Notice of Appeal filed by Kathleen Sebelius. (lbre, ) |
| January 19, 2011 | 167 | Transmission of Notice of Appeal to US Court of Appeals re 164 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) (lbre, ) |
| January 19, 2011 | 166 | Transmission of Notice of Appeal to US Court of Appeals re 163 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) (lbre, ) |
| January 18, 2011 | 165 | USCA Appeal Fees received $ 455, receipt number 34683011385, re 164 Notice of Appeal filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II (lbre, ) |
| January 18, 2011 | 164 | NOTICE OF APPEAL by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (Getchell, Earle) |
| January 18, 2011 | 163 | NOTICE OF APPEAL by Kathleen Sebelius. (Hambrick, Jonathan) |
| December 13, 2010 | 162 | ORDER that Plaintiff's 88 Motion for Summary Judgment is GRANTED as to its request for declaratory relief and DENIED as to its request for injunctive relief, and Defendant's 90 Motion for Summary Judgment is DENIED. It is so ORDERED. Signed by District Judge Henry E. Hudson on 12/13/2010. (walk, ) |
| December 13, 2010 | 161 | MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 12/13/2010. (walk, ) |
| December 3, 2010 | 160 | NOTICE by Kathleen Sebelius re 90 MOTION for Summary Judgment of Supplemental Authority (Attachments: # 1 Supplemental Authority)(Hambrick, Jonathan) |
| November 24, 2010 | 159 | ORDER DENYING Motion by amicus curiae W. Spencer Connerat, III for leave to file the Motion for Summary Judgment and Warrant for Arrest, as well as any further filings in this action (please see Order for additional information). The Clerk is directed to lodge the aforementioned document in the Clerk's Office in the event that a notice of appeal if filed regarding this Order. It is so ORDERED. Signed by District Judge Henry E. Hudson on 11/24/2010. Copy mailed to Mr. Connerat. (walk, ) |
| November 8, 2010 | 158 | Notice of Filing of Official Transcript re 157 Transcript. (cmcc, ) |
| November 7, 2010 | 157 | TRANSCRIPT of proceedings held on October 18, 2010 before Judge Henry E. Hudson. Court Reporter/Transcriber Krista Liscio, telephone number 804 916-2296. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/7/2010. Redacted Transcript Deadline set for 1/7/2011. Release of Transcript Restriction set for 2/5/2011.(liscio, krista) |
| October 18, 2010 | 156 | Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Liscio, OCR): Motion Hearing held on 10/18/2010 re 88 Motion for Summary Judgment filed by Commonwealth of Virginia and 90 Motion for Summary Judgment filed by Kathleen Sebelius. Argument heard. Matter taken under advisement by Court; Memorandum Opinion to enter. (rpiz) |
| October 15, 2010 | 155 | ORDER granting 100 Motion for Pro hac vice. Luke Anthony Wake appointed for Americans for Free Choice in Medicine and Pacific Legal Foundation. Signed by District Judge Henry E. Hudson on 10/15/2010. Copies to counsel. (cmcc, ) |
| October 15, 2010 | 154 | ORDER granting 99 Motion for Pro hac vice. Timothy Sandefur appointed for Amici Americans for Free Choice in Medicine and Pacific Legal Foundation. Signed by District Judge Henry E. Hudson on 10/15/2010. Copies to counsel. (cmcc, ) |
| October 15, 2010 | 153 | NOTICE by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II re 88 MOTION for Summary Judgment Plaintiff's Notice of Supplemental Authority (Attachments: # 1 Exhibit)(Getchell, Earle) |
| October 13, 2010 | 152 | ORDER that, in her Memorandum in Opposition to Plaintiff's Motion for Summary Judgment, the Secretary, at this late stage, asserts that the Commonwealth's failure to join the Secretary of the Treasury as an indispensible party entitles her to judgment; the Court is not persuaded that the Secretary of the Treasury is a necessary party. Defendant's request for judgment for failure to join the Secretary of the Treasury is DENIED (see Order for details). Signed by District Judge Henry E. Hudson on 10/13/2010. Copies to counsel of record.(cmcc, ) |
| October 12, 2010 | 151 | Memorandum of Amici Curiae, Former United States Attorneys General William Barr, Edwin Meese, Dick Thornburgh, in Support OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (Amici Curiae) . (Zurawski, Tara) Modified on 10/12/2010 to edit(cmcc, ). |
| October 8, 2010 | 150 | ORDER granting 148 Motion for Leave to File Brief as Amici Curiae; the Clerk shall cause the proposed brief to be filed. Signed by District Judge Henry E. Hudson on 10/8/10. (jtho, ) |
| October 8, 2010 | 149 | Memorandum in Support re 148 MOTION for Leave to File Brief as Amici Curiae filed by William P. Barr, Edwin Meese, III, Richard L. Thornburgh. (Attachments: # 1 Proposed Amici Curiae Brief, # 2 Proposed Order)(Zurawski, Tara) |
| October 8, 2010 | 148 | MOTION for Leave to File Brief as Amici Curiae by William P. Barr, Edwin Meese, III, Richard L. Thornburgh. (Zurawski, Tara) |
| October 8, 2010 | 147 | NOTICE by Kathleen Sebelius re 90 MOTION for Summary Judgment of Supplemental Authority (Attachments: # 1 Supplement Supplemental Authority)(Hambrick, Jonathan) |
| October 6, 2010 | 146 | ORDER DENYING 144 Motion by Eve Ellington for Intervention. It is so ORDERED. Signed by District Judge Henry E. Hudson on 10/06/2010. Copy mailed to Movant. (walk, ) |
| October 5, 2010 | 145 | Amended MOTION for Leave to File Breif Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment by Landmark Legal Foundation. (Attachments: # 1 Proposed Order, # 2 Amicus Brief)(St. George, Timothy) |
| October 5, 2010 | 144 | MOTION by Eve Ellingwood to Intervene. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit C, # 5 Exhibit D, and # 6 Exhibit E). (walk, ) |
| October 5, 2010 | 143 | CERTIFICATE of Service re 128 Notice of Appearance by William Perry Pendley on behalf of Mountain States Legal Foundation (Pendley, William) |
| October 5, 2010 | 142 | CERTIFICATE of Service re 124 Notice of Appearance by William Perry Pendley on behalf of Mountain States Legal Foundation (Pendley, William) |
| October 5, 2010 | | Notice of Correction re: Document 130; the filing user's login does not match the signature on the document. The filing user must refile the document with the filing user's signature block, or the attorney whose signature block appears on the document must refile the document. (walk, ) |
| October 5, 2010 | | Notice of Correction re: Document 124; the filing user has been requested to file a separate Certificate of Service and link it to document 124 . (walk, ). The filing user has also been requested to file a separate Certificate of Service for Document 128 which appears to be a duplicate of Document 124 . (walk, ) |
| October 5, 2010 | 141 | Amicus Curiae Brief of Landmark Legal Foundation in Support of Plaintiff's 88 MOTION for Summary Judgment; filed pursuant to the Court's Order dated 10/05/2010. (walk, ) |
| October 5, 2010 | 140 | ORDER GRANTING 130 Motion of amicus Landmark Legal Foundation for leave to file a brief as amicus curiae supporting Plaintiff's motion for summary judgment. It is FURTHER ORDERED that the Clerk shall cause the Proposed Brief to be filed and entered on the docket. Signed by District Judge Henry E. Hudson on 10/05/2010. (walk, ) |
| October 5, 2010 | 139 | ORDER GRANTING 133 Motion for Leave to File Brief of Amicus Curiae Virginia Organizing in Support of Defendant's Motion for Summary Judgement and Movant Virginia Organizing is directed to file its Brief of Amicus Curiae in Support of Defendant's Motion for Summary Judgment. It is so ORDERED. Signed by District Judge Henry E. Hudson on 10/05/2010. (walk, ) |
| October 5, 2010 | | Notice of Correction re: Document 122; the filing user should have selected the filing event "Memorandum in Support," instead of "Memorandum." The docket text has been corrected and the document has been linked to 88 and 90 motions. (walk, ) |
| October 5, 2010 | 138 | ORDER GRANTING 127 Motion for Leave to File Amicus Curiae for Americans for Free Choice in Medicine and Pacific Legal Foundation and they are directed to file their Brief of Amicus Curiae in Support of Plaintiff's 88 Motion for Summary Judgment. It is so ORDERED. Signed by District Judge Henry E. Hudson on 10/04/2010. (walk, ) |
| October 5, 2010 | 137 | Amicus Curiae Brief by Mountain States Legal Foundation in Support of Plaintiff's 88 MOTION for Summary Judgment; filed pursuant to the Court's Order dated 10/05/2010. (walk, ) |
| October 5, 2010 | 136 | ORDER GRANTING 126 Motion by Mountain States Legal Foundation for Leave to File Amicus Curiae Brief in Support of Plaintiff's Motion for Summary Judgment. The Clerk shall cause the proposed brief to be filed and entered on the docket. It is so ORDERED. Signed by District Judge Henry E. Hudson on 10/04/2010. (walk, ) |
| October 4, 2010 | 135 | Financial Interest Disclosure Statement (Local Rule 7.1) by Virginia Organizing. (Bennett, Leonard) |
| October 4, 2010 | 134 | Memorandum in Support re 133 MOTION for Leave to File Amicus Curiae Brief filed by Virginia Organizing. (Bennett, Leonard) |
| October 4, 2010 | 133 | MOTION for Leave to File Amicus Curiae Brief by Virginia Organizing. (Attachments: # 1 Exhibit Amicus Brief, # 2 Affidavit Amicus Brief Exhibit 1)(Bennett, Leonard) |
| October 4, 2010 | 132 | REPLY to Response to Motion re 90 MOTION for Summary Judgment filed by Kathleen Sebelius. (Hambrick, Jonathan) |
| October 4, 2010 | 131 | Brief in Support to 88 MOTION for Summary Judgment by Plaintiff and in Opposition to 90 MOTION for Summary Judgment by Defendant filed by American Civil Rights Union. (Rogers, Richard) |
| October 4, 2010 | 130 | MOTION for Leave to File Brief Amicus Curie in Support of Plaintiff's Motion for Summary Judgment by Landmark Legal Foundation. (Attachments: # 1 Proposed Order, # 2 Exhibit Brief Amicus Curiae)(St. George, Timothy) |
| October 4, 2010 | 129 | Brief in Support of Commonwealth of Virginia filed by Americans for Free Choice in Medicine and Pacific Legal Foundation. (Luther, Robert). PLEASE NOTE: Received verbal notification from counsel Robert Luther, III that "Pro Hac Vice Pending" listed under his name on page one of the document is a typographical error. Mr. Luther is counsel of record and doesn't have a Pro Hac Vice application pending before the Court. (walk, ). |
| October 4, 2010 | 128 | NOTICE of Appearance by William Perry Pendley on behalf of Mountain States Legal Foundation (Pendley, William) |
| October 4, 2010 | 127 | MOTION for Leave to File Brief Amicus Curiae by Pacific Legal Foundation. (Luther, Robert) |
| October 4, 2010 | 126 | MOTION for Leave to File Amicus Brief and Brief in Support by Mountain States Legal Foundation. (Attachments: # 1 Proposed Order, # 2 Amicus Brief)(Pendley, William) |
| October 4, 2010 | 125 | Brief by Washington Legal Foundation and Constitutional Law Scholars as Amici Curiae in Support of Plaintiff's 88 MOTION for Summary Judgment; filed pursuant to the Court's Order dated 10/04/2010. (walk, ) |
| October 4, 2010 | 124 | NOTICE of Appearance by William Perry Pendley on behalf of Mountain States Legal Foundation (Pendley, William) |
| October 4, 2010 | 123 | ORDER GRANTING 108 Motion by amici curiae Washington Legal Foundation and several constitutional law scholars for Leave to File an amici curiae Brief in support of Plaintiff's Motion for Summary Judgment. The Clerk shall cause the proposed brief to be filed and entered on the docket. Signed by District Judge Henry E. Hudson on 10/04/2010. (walk, ) |
| October 4, 2010 | 122 | Memorandum in Support of Plaintiff's 88 Motion for Summary Judgment and in Opposition to Defendant's 90 Motion for Summary Judgment filed by Physician Hospitals of America. (Oostdyk, Scott). Modified docket entry on 10/05/2010. (walk, ). |
| October 4, 2010 | 121 | ORDER GRANTING 112 Motion by the Former U.S. Attorneys General William Barr, Edwin Meese, III and Dick Thornburg for an Extension of Time to Seek Leave to File a Brief as amici curiae. It is FURTHER ORDERED that Movants shall file their motion seeking leave to participate as amici curiae by 10/08/2010. Signed by District Judge Henry E. Hudson on 10/04/2010. (walk, ) |
| October 4, 2010 | 120 | ORDER GRANTING the American Civil Rights Union's 114 Motion for Leave to File Amicus Curiae Brief; upon receipt of this Order, counsel for the American Civil Rights Union shall electronically file the brief. Signed by District Judge Henry E. Hudson on 10/4/2010. (lhin, ) |
| October 4, 2010 | 119 | ORDER GRANTING Plaintiff's 111 Motion for Leave to File to Participate as Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment; Movant Physician Hospitals of America is directed to file its Brief of Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment. Signed by District Judge Henry E. Hudson on 10/1/2010. (lhin, ) |
| October 4, 2010 | 118 | Brief in Support Amicus Curiae Brief of Constitutional Law Professors In Support of the Secretary's Motion For Summary Judgment filed by Jack M. Balkin, Gillian E. Metzger, Trevor W. Morrison. (Nicely, Andrew) |
| October 4, 2010 | 117 | REPLY to Response to Motion re 88 MOTION for Summary Judgment filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (Getchell, Earle) |
| October 4, 2010 | 116 | NOTICE of Appearance by Richard B. Rogers on behalf of American Civil Rights Union (Rogers, Richard) |
| October 4, 2010 | 115 | Financial Interest Disclosure Statement (Local Rule 7.1) by American Civil Rights Union. (Gray, Daniel) |
| October 4, 2010 | 114 | MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment by American Civil Rights Union. (Attachments: # 1 Proposed Order, # 2 Exhibit Proposed amicus brief)(Gray, Daniel) |
| October 4, 2010 | 113 | Memorandum in Support re 112 MOTION for Extension of Time to File a Motion for Leave to Participate as Amici Curiae filed by William P. Barr, Edwin Meese, III, Richard L. Thornburgh. (Attachments: # 1 Proposed Order)(Fountain, Edwin) |
| October 4, 2010 | 112 | MOTION for Extension of Time to File a Motion for Leave to Participate as Amici Curiae by William P. Barr, Edwin Meese, III, Richard L. Thornburgh. (Fountain, Edwin) |
| October 4, 2010 | 111 | MOTION for Leave to File Amicus Curiae Brief by Physician Hospitals of America. (Attachments: # 1 Memorandum Of Law in Support, # 2 Exhibit Proposed Amicus Brief)(Oostdyk, Scott) |
| October 4, 2010 | 110 | NOTICE of Appearance by Edwin Louis Fountain on behalf of William P. Barr, Edwin Meese, III, Richard L. Thornburgh (Fountain, Edwin) |
| October 4, 2010 | 109 | NOTICE of Appearance by Tara Lynn Renee Zurawski on behalf of William P. Barr, Edwin Meese, III, Richard L. Thornburgh (Zurawski, Tara) |
| October 4, 2010 | 108 | MOTION for Leave to File Amicus Brief in Support of Plaintiff's Motion for Summary Judgment by Washington Legal Foundation. (Attachments: # 1 Proposed Order Granting Motion for Leave, # 2 Exhibit Proposed Amicus Brief)(Samp, Richard) |
| October 4, 2010 | 107 | NOTICE of Appearance by Robert Luther, III on behalf of Americans for Free Choice in Medicine and Pacific Legal Foundation (Luther, Robert) |
| October 1, 2010 | 106 | Memorandum as Amici Curiae Supporting Plaintiff's Motion for Summary Judgment and Opposing Defendant's Motion for summary Judgment filed by Randy E. Barnett, Cato Institute, Competitive Enterprise Institute. (cmcc, ) |
| October 1, 2010 | 105 | ORDER granting Motion for Leave to File Amicus Curiae Memorandum supporting Plaintiff's Motion for Summary Judgment and opposing Defendant's Motion for Summary Judgment by Randy E. Barnett, Cato Institute, Competitive Enterprise Institute (Dk. No. 102); it is ORDERED that the motion for leave to file a brief as amici curiae is granted. Signed by District Judge Henry E. Hudson on 10/1/2010. Copies to counsel. (cmcc, ) |
| October 1, 2010 | 104 | Brief Amicus Curiae in Support of Defendant's Motion for Summary Judgment filed by Young Invincibles. (cmcc, ) |
| October 1, 2010 | 103 | ORDER granting a Motion for Leave to File Brief of Amicus Curiae Young Invincibles, supporting Defendant's Motion for Summary Judgment (Dk. No. 101) ; ORDERED that the motion for leave to file a brief as amicus curiae is granted and FURTHER ORDERED that the Clerk shall cause the Proposed Brief to be filed and entered. Signed by District Judge Henry E. Hudson on 10/1/2010. Copies to counsel. (cmcc, ) |
| October 1, 2010 | 102 | MOTION for Leave to File Amicus Curiae Memorandum in Support of Plaintiff's Motion for Summary Judgment and Opposing Defendant's Motion for Summary Judgment by Randy E. Barnett, Cato Institute, Competitive Enterprise Institute. (Attachments: # 1 Proposed Memorandum Supporting Plaintiff's Motion for Summary Judgment and Opposing Defendant's Motion for Summary Judgment, # 2 Proposed Order)(McSweeney, Patrick) |
| October 1, 2010 | 101 | MOTION for Leave to File BRIEF IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Young Invincibles. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit Amicus Brief)(Walter, Brett) |
| September 30, 2010 | 100 | MOTION for Luke Anthony Wake to appear Pro hac vice by Pacific Legal Foundation. (Attachments: # 1 Receipt)(cmcc, ) |
| September 30, 2010 | 99 | MOTION for Timothy Sandefur to appear Pro hac vice by Pacific Legal Foundation. (Attachments: # 1 Receipt)(cmcc, ) |
| September 30, 2010 | | Notice of Correction: Local counsel for Pacific Legal Foundation has been advised to file notice of appearance. (cmcc, ) |
| September 30, 2010 | 98 | NOTICE of Appearance by Patrick Michael McSweeney on behalf of Steven J. Willis (McSweeney, Patrick) |
| September 30, 2010 | 97 | NOTICE of Appearance by Patrick Michael McSweeney on behalf of Randy E. Barnett, Cato Institute, Competitive Enterprise Institute (McSweeney, Patrick) |
| September 23, 2010 | 96 | Opposition to 88 MOTION for Summary Judgment filed by Kathleen Sebelius. (Hambrick, Jonathan) |
| September 23, 2010 | 95 | Memorandum in Opposition re 90 MOTION for Summary Judgment filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (Getchell, Earle) |
| September 21, 2010 | 94 | Amicus Brief in Support of Plaintiff filed by W. Spencer Connerat, III (filed pursuant to Order entered 9/21/2010). (cmcc, ) |
| September 21, 2010 | 93 | ORDER granting 92 Optional Motion for Leave to File Amicus Brief by W. Spencer Connerat, III; the Clerk is directed to file Movant's Optional Motion for Leave to File Amicus Brief as Movant's Brief as Amicus Curiae Supporting Plaintiff. Signed by District Judge Henry E. Hudson on 9/21/2010. Copies to counsel and Connerat. (cmcc, ) |
| September 17, 2010 | 92 | MOTION ("Optional") for Leave to File Amicus Brief by W. Spencer Connerat, III. (cmcc, ) |
| September 7, 2010 | | Set Deadlines/Hearings as to 88 Motion for Summary Judgment by Commonwealth of Virginia and 90 Motion for Summary Judgment by Kathleen Sebelius: Motions Hearing set for 10/18/2010 at 9:00 AM before District Judge Henry E. Hudson (rpiz) |
| September 3, 2010 | 91 | Memorandum in Support re 90 MOTION for Summary Judgment filed by Kathleen Sebelius. (Attachments: # 1 Appendix of Exhibits)(Hambrick, Jonathan) |
| September 3, 2010 | 90 | MOTION for Summary Judgment by Kathleen Sebelius. (Hambrick, Jonathan) |
| September 3, 2010 | 89 | Memorandum in Support re 88 MOTION for Summary Judgment filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (Attachments: # 1 Affidavit, # 2 Affidavit)(Getchell, Earle) |
| September 3, 2010 | 88 | MOTION for Summary Judgment by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (Getchell, Earle) |
| August 16, 2010 | 87 | ANSWER to 1 Complaint, by Kathleen Sebelius.(Hambrick, Jonathan) |
| August 10, 2010 | 86 | CONSENT ORDER on the briefing schedule for the Motions for Summary Judgment to be filed by the parties; consistent with the Court's June 3, 2010 Order, the parties have conferred and agreed on such a schedule and accordingly it is ORDERED, AJUDGED and DECREED by the Court (see Order for details). Signed by District Judge Henry E. Hudson on 8/10/2010. Copies to counsel.(cmcc, ) |
| August 2, 2010 | 85 | ORDER regarding Defendant's Motion to Dismiss (Dk. No. 21), filed May 24, 2010; for reasons stated in the accompanying Memorandum Opinion, the Defendant's Motion to Dismiss is DENIED. Signed by District Judge Henry E. Hudson on 8/2/2010. Copies to counsel of record. (cmcc, ) |
| August 2, 2010 | 84 | MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 8/2/2010. Copies to counsel of record.(cmcc, ) |
| July 9, 2010 | 83 | Amicus Curiae Post Trial Memorandum in Support of Opposition to Defendant's Motion to Dismiss filed by Ray Elbert Parker. (cmcc, ) |
| July 8, 2010 | 82 | Notice of Filing of Official Transcript re 81 Transcript. (cmcc, ) |
| July 8, 2010 | 81 | TRANSCRIPT of Proceedings held on July 1, 2010, before Judge Henry E. Hudson. Court Reporter/Transcriber Krista Liscio, Telephone number 804 916-2296. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber. Redaction Request due 8/9/2010. Redacted Transcript Deadline set for 9/7/2010. (liscio, krista) |
| July 1, 2010 | 80 | Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Liscio, OCR): Motion Hearing held on 7/1/2010 re 21 Motion to Dismiss filed by Kathleen Sebelius. Argument heard. Motion taken under advisement by Court; Memorandum Opinion to enter. (rpiz) |
| June 30, 2010 | 79 | Amicus Curiae "Reply to Plaintiff's Memorandum of June 23, 2010 in Opposition to Dismiss Without Prejudice or Alternatively, for a Change of Venue" filed by Ray Elbert Parker. (cmcc, ) |
| June 24, 2010 | | Set Deadlines/Hearings as to 21 Motion to Dismiss: Motion Hearing set for 7/1/2010 at 10:00 AM before District Judge Henry E. Hudson (rpiz) |
| June 23, 2010 | 78 | RESPONSE to Motion re 64 MOTION for Leave to File filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (Getchell, Earle) |
| June 22, 2010 | 77 | Reply to 21 MOTION to Dismiss filed by Kathleen Sebelius. (Attachments: # 1 Appendix of Statutory Materials)(Hambrick, Jonathan) |
| June 21, 2010 | 76 | Supplemental Brief by Amicus Curiae Petitioner filed by Ray Elbert Parker (filed pursuant to Order entered 6/18/2010). (cmcc, ) |
| June 18, 2010 | | Notice of Correction: Amici counsel was contacted re: document 59, Amici Brief, regarding CM/ECF Policies and Procedures for documents needing leave of court. No action is necessary at this time. (cmcc, ) |
| June 18, 2010 | 75 | Brief Amici Curiae of The March of Dimes Foundation, The American Association of People with Disabilities, The ARC of the United States, Breast Cancer Action, Families USA, the Family Violence Prevention Fund, Friends of Cancer Research, Mental Health America, National Breast Cancer Coalition, The National Organization for Rare Disorders, The National Partnership for Women & Families, National Patient Advocate Foundation, The National Senior Citizens Law Center, The National Women's Law Center, The Ovarian Cancer National Alliance, Raising Women's Voices for the Health Care We Need, and United Cerebral Palsy, in Support of Motion to Dismiss filed by Center for American Progress, Federal Rights Project National Senior Citizens Law Center. (France, Angela) Modified on 6/22/2010 to edit (cmcc, ). |
| June 18, 2010 | 74 | Brief Amicus Curiae in Opposition to Motion to Dismiss filed by Landmark Legal Foundation. (St. George, Timothy) Modified on 6/22/2010 to edit (cmcc, ). |
| June 18, 2010 | 73 | CERTIFICATE of Service re 47 Notice of Appearance by Richard Abbott Samp on behalf of Washington Legal Foundation (Samp, Richard) |
| June 18, 2010 | | Notice of Correction re: Document 47; the filing user has been requested to file a separate Certificate of Service and to link the filing to Document 47. (walk, ) |
| June 18, 2010 | 72 | Brief Amicus Curiae in Opposition re 21 MOTION to Dismiss filed by Washington Legal Foundation. (Samp, Richard) Modified to edit(cmcc, ). |
| June 18, 2010 | 71 | ORDER GRANTING 65 Motion by Movant Landmark Legal Foundation for Leave to Participate as Amicus Curiae and Movant is DIRECTED to file its Brief Amicus Curiae in Opposition to Defendant's Motion to Dismiss. It is so ORDERED. Signed by District Judge Henry E. Hudson on 06/18/2010. (walk, ) |
| June 18, 2010 | 70 | Brief Amicus Curiae in Support to 21 MOTION to Dismiss filed by Constitutional Law Professors Jack M. Balkin, Gillian E. Metzger, and Trevor W. Morrison. (Nicely, Andrew) Modified on 6/22/2010 to edit (cmcc, ). |
| June 18, 2010 | 69 | Brief of Amici Curiae Supporting Plaintiff's Opposition to 21 Defendant's Motion to Dismiss by Cato Institute, Competitive Enterprise Institute and Prof. Randy E. Barnett. (Norris, George) Modified to edit (cmcc, ). |
| June 18, 2010 | 68 | Brief Amicus Curiae in Support of Plaintiff's Opposition re: 21 MOTION to Dismiss filed by Liberty Guard. (Forest, John) Modified to edit (cmcc, ). |
| June 18, 2010 | 67 | ORDER GRANTING 64 Motion for Leave to File Supplement Motion for Amicus Curiae Party, submitted by Ray Elbert Parker, Pro Se. The Clerk is DIRECTED to file Petitioner's Brief. It is so ORDERED. Signed by District Judge Henry E. Hudson on 06/18/2010. Copy mailed to Mr. Parker. (walk, ) |
| June 18, 2010 | 66 | ORDER GRANTING 58 Motion by Movants Cato Institute, et al. for Leave to Participate as Amici Curiae and Movants are DIRECTED to file their Memorandum as Amici Curiae Supporting Plaintiff's Opposition to Defendant's Motion to Dismiss. It is so ORDERED. Signed by District Judge Henry E. Hudson on 06/18/2010. (walk, ) |
| June 17, 2010 | 65 | MOTION for Leave to File Brief Amicus Curiae by Landmark Legal Foundation. (Attachments: # 1 Exhibit Brief Amicus Curiae, # 2 Proposed Order)(St. George, Timothy) |
| June 17, 2010 | 64 | MOTION for Leave to File Supplement for Amicus Curiae Party by Ray Elbert Parker. (Attachments: # 1 Proposed Memorandum by Amicus Curiae Party)(cmcc, ) |
| June 17, 2010 | 63 | ORDER granting Motion for Leave to File Amicus Curiae Brief in Support of Defendant's Motion to Dismiss (Dk. No. 54), submitted by constitutional law professors Jack M. Balkin, Gillian E. Metzger, and Trevor W. Morrison; the Motion is GRANTED and Movants are DIRECTED to file their Amicus Curiae Brief of Constitutional Law Professors in Support of Defendant's Motion to Dismiss. Signed by District Judge Henry E. Hudson on 6/17/2010. Copies to counsel. (cmcc, ) |
| June 17, 2010 | 62 | ORDER granting Motion for Leave to Participate as Amicus Curiae in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss (Dk. No. 52), submitted by Liberty Guard; this Motion is GRANTED and Movant is DIRECTED to file its Amicus Curiae Brief in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss. Signed by District Judge Henry E. Hudson on 6/17/2010. Copies to counsel. (cmcc, ) |
| June 17, 2010 | 61 | ORDER granting Motion for Leave to File Brief of Amici Curiae by the March of Dimes Foundation, et al., in Support of Defendant's Motion to Dismiss (Dk. No. 45); the Motion is GRANTED and Movants are DIRECTED to file their Brief of Amici Curiae in Support of Defendant's Motion to Dismiss. Signed by District Judge Henry E. Hudson on 6/17/2010. Copies to counsel. (cmcc, ) |
| June 17, 2010 | 60 | ORDER granting a Motion for Leave to File Amicus Curiae Brief in Opposition to Defendant's Motion to Dismiss (Dk. No. 46), submitted by the Washington Legal Foundation; the Motion is GRANTED and Movant is DIRECTED to file its Brief of Washington Legal Foundation as Amicus Curiae in Opposition to Defendant's Motion to Dismiss. Signed by District Judge Henry E. Hudson on 6/17/2010. Copies to counsel. (cmcc, ) |
| June 17, 2010 | 59 | Memorandum of Amici Cato Institute, Competitive Enterprise Institute and Prof. Randy E. Barnett Supporting Plaintiff's Opposition to Defendant's Motion to Dismiss to 28 Response in Opposition to Motion filed by Cato Institute. (Norris, George) (DOCUMENT RECEIVED, NOT FILED, PENDING LEAVE OF COURT) Modified on 6/17/2010 (cmcc, ). |
| June 17, 2010 | 58 | MOTION for Leave to File Amici Memorandum by Cato Institute, Competitive Enterprise Institute, and Prof. Randy E. Barnett. (Norris, George) Modified to edit parties (cmcc, ). |
| June 17, 2010 | 57 | Financial Interest Disclosure Statement (Local Rule 7.1) by Cato Institute. (Norris, George) |
| June 17, 2010 | 56 | NOTICE of Appearance by George William Norris, Jr on behalf of Cato Institute (Norris, George) |
| June 17, 2010 | 55 | Response Brief Amici Curiae filed by Main Street Alliance, Small Business Majority Foundation, Inc.. (Young, John) |
| June 17, 2010 | 54 | MOTION for Leave to File Amicus Curiae Brief In Support of the Defendant's Motion to Dismiss by Constitutional Law Professors. (Attachments: # 1 Amicus Brief of Constitutional Law Professors, # 2 Proposed Order)(Nicely, Andrew) |
| June 17, 2010 | 53 | NOTICE of Appearance by Andrew Abbott Nicely on behalf of Constitutional Law Professors (Nicely, Andrew) |
| June 17, 2010 | 52 | MOTION for Leave to Appear Amicus Curiae by Liberty Group. (Attachments: # 1 Proposed Brief, # 2 Proposed Order)(Forest, John) |
| June 17, 2010 | 51 | ORDER granting a Motion for Leave to File Brief Amici Curiae (Dk. No. 44) in Support of Defendant's Motion to Dismiss; the Motion is GRANTED and Movants are directed to file the Brief Amici Curiae of Small Business Majority Foundation, Inc. and The Main Street Alliance in Support of Defendant's Motion to Dismiss. Signed by District Judge Henry E. Hudson on 6/17/2010. Copies to counsel. (cmcc, ) |
| June 17, 2010 | 50 | CERTIFICATE OF SERVICE by Small Business Majority Foundation, Inc. re 44 MOTION for Leave to File Amicus Curiae Brief. (cmcc, ) |
| June 17, 2010 | 49 | Financial Interest Disclosure Statement (Local Rule 7.1) by Small Business Majority Foundation, Inc.. (Young, John) |
| June 17, 2010 | 48 | Memorandum in Support re 44 MOTION for Leave to File Amicus Curiae Brief filed by Small Business Majority Foundation, Inc.. (Young, John) |
| June 17, 2010 | 47 | NOTICE of Appearance by Richard Abbott Samp on behalf of Washington Legal Foundation (Samp, Richard) |
| June 17, 2010 | 46 | MOTION for Leave to File Amicus Curiae Brief by Washington Legal Foundation. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(Samp, Richard) |
| June 17, 2010 | | Notice of Correction: Movant counsel will refile certain attachments to document 44 as separate documents as required by CM/ECF Policies and Procedures. (cmcc, ) |
| June 17, 2010 | 45 | MOTION and Memorandum in Support for Leave to File Brief Amici Curiae by Center for American Progress, Federal Rights Project National Senior Citizens Law Center. (Attachments: # 1 Brief Amici Curiae, # 2 Proposed Order)(France, Angela) Modified on 6/17/2010 to edit event (cmcc, ). |
| June 17, 2010 | 44 | MOTION for Leave to File Amicus Curiae Brief by Small Business Majority Foundation, Inc.. (Attachments: # 1 Proposed Amicus Brief, # 2 Memorandum of Law in Support, # 3 Financial Disclosure, # 4 Proposed Order, # 5 Certificate of Service)(Young, John) |
| June 16, 2010 | 43 | Memorandum Amicus Curiae Brief filed by Physician Hospitals of America. (Oostdyk, Scott) |
| June 16, 2010 | 42 | ORDER granting a Motion for Leave to Participate as Amicus Curiae (Dk. No. 39) in Opposition to Defendant's Motion to Dismiss; this Motion is GRANTED and Movant is directed to file its Brief of Amicus Curiae Physician Hospitals of America in Opposition to Defendant's Motion to Dismiss. Signed by District Judge Henry E. Hudson on 6/16/2010. Copies to counsel. (cmcc, ) |
| June 16, 2010 | 41 | Memorandum in Support re 40 MOTION for Leave to File Amicus Curiae Brief (refiled) filed by Physician Hospitals of America. (Oostdyk, Scott) |
| June 16, 2010 | 40 | MOTION for Leave to File Amicus Curiae Brief (refiled) by Physician Hospitals of America. (Attachments: # 1 Proposed Amicus Brief)(Oostdyk, Scott) |
| June 16, 2010 | | Notice of Correction: Movant counsel will refile document 39 with the signature on the document matching the filing user's login (required by CM/ECF Policies and Procedures); the memorandum in support will be filed as a separate document. (cmcc, ) |
| June 15, 2010 | 39 | MOTION for Leave to File Amicus Curiae Brief by Physician Hospitals of America. (Attachments: # 1 Memorandum of Law in Support, # 2 Proposed Brief)(Fender, Matthew) |
| June 10, 2010 | 38 | Response Amici Brief filed by Todd Akin, American Center for Law and Justice, Rob Bishop, John Boehner, Paul Broun, Michael Burgess, Dan Burton, Eric Cantor, Mike Conaway, Constitutional Committee to Challenge the President and Congress on Health Care, Mary Fallin, John Fleming, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Bob Goodlatte, Jeb Hensarling, Walter Jones, Steve King, Doug Lamborn, Robert Latta, Michael McCaul, Jerry Moran, Mike Pence, Cathy McMorris Rodgers, Jean Schmidt, Lamar Smith, Todd Tiahrt, Zach Wamp. (May, Colby) |
| June 10, 2010 | 37 | ORDER granting 31 Motion for Leave to File a Brief as Amici Curiae supporting Plaintiff's opposition to the Defendant's motion to dismiss, by amici American Center for Law and Justice, United States Representatives Paul Broun, Todd Akin, Rob Bishop, John Boehner, Michael Burgess, Dan Burton, Eric Cantor, Mike Conaway, Mary Fallin, John Fleming, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Bob Goodlatte, Jeb Hensarling, Walter Jones, Steve King, Doug Lamborn, Robert Latta, Michael McCaul, Cathy McMorris Rodgers, Jerry Moran, Mike Pence, Jean Schmidt, Lamar Smith, Todd Tiahrt, and Zach Wamp, and the Constitutional Committee to Challenge the President and Congress on Health Care; IT IS ORDERED that the motion for leave to file a brief as amici curiae is granted and FURTHER ORDERED that the Clerk shall cause the Proposed Brief to be filed and entered on the docket of the above-captioned matter. Signed by District Judge Henry E. Hudson on 6/10/2010. Copies to counsel and pro se amicus. (cmcc, ) |
| June 10, 2010 | 36 | Amicus Curiae Brief ("Friend of the Court Amicus Curiae Brief") entered by Ray Elbert Parker (filed pursuant to Order entered 6/10/2010). (cmcc, ) |
| June 10, 2010 | 35 | ORDER granting 26 Motion for Leave to File Amicus Curiae Brief submitted by Ray Elbert Parker; this Motion is GRANTED and the Clerk is directed to file the pro se movant's Friend of the Court Amicus Curiae Brief. Signed by District Judge Henry E. Hudson on 6/10/2010. Copies to counsel and movant, Ray Elbert Parker. (cmcc, ) |
| June 9, 2010 | 34 | NOTICE of Attorney Withdrawal of Appearance re: Erika L. Myers by Kathleen Sebelius (Hambrick, Jonathan) Modified on 6/9/2010 to edit.(cmcc, ). |
| June 8, 2010 | 33 | CERTIFICATE of Service re 30 Financial Disclosure Statement by Colby M. May on behalf of American Center for Law & Justice et al. (May, Colby) |
| June 8, 2010 | 32 | CERTIFICATE of Service re 29 Notice of Appearance by Colby M. May on behalf of American Center for Law & Justice et al. (May, Colby) |
| June 7, 2010 | 31 | MOTION for Leave to File Amici Brief by American Center for Law & Justice et al.. (Attachments: # 1 Proposed Amici Brief, # 2 Proposed Order)(May, Colby) |
| June 7, 2010 | 30 | Financial Interest Disclosure Statement (Local Rule 7.1) by American Center for Law & Justice et al.. (May, Colby) |
| June 7, 2010 | 29 | NOTICE of Appearance by Colby M. May on behalf of American Center for Law & Justice et al. (May, Colby) |
| June 7, 2010 | 28 | RESPONSE in Opposition re 21 MOTION to Dismiss filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (Attachments: # 1 Affidavit Exhibit A)(Getchell, Earle) |
| June 7, 2010 | 27 | Notice of Filing of Official Transcript re: 25 Transcript. (cmcc, ) |
| June 4, 2010 | 26 | MOTION for Leave to File Amicus Curiae Brief by Ray Elbert Parker. (Attachments: # 1 Proposed Amicus Brief - Received, # 2 Cover Letter)(cmcc, ) |
| June 4, 2010 | 25 | TRANSCRIPT of Proceedings held on 6/3/2010, before Judge Henry E. Hudson. Court Reporter/Transcriber Krista Liscio, Telephone number 804 916-2296. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2010. Redacted Transcript Deadline set for 8/4/2010. Release of Transcript Restriction set for 9/2/2010.(liscio, krista) |
| June 3, 2010 | 24 | Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Liscio, OCR): Initial Pretrial Conference held on 6/3/2010. Hearing on deft's Motion to Dismiss scheduled for 7/1/2010 at 10:00 a.m. Hearing on Motions for Summary Judgment scheduled for 10/18/2010 at 9:00 a.m.; all briefs due 14 days prior to hearing date. (rpiz) |
| June 3, 2010 | 23 | ORDER regarding hearing dates for oral argument: 1) Defendant's Motion to Dismiss - July 1, 2010 at 10:00 a.m.; 2) Motions for Summary Judgment - October 18, 2010 at 9:00 a.m.; parties to set briefing schedule for Motions for Summary Judgment, with briefs due fourteen days before the October 18, 2010 hearing date; all amicus filings are due fourteen days before the hearing date which the specific brief addresses. Signed by District Judge Henry E. Hudson on 6/3/2010. Copies to counsel.(cmcc, ) |
| May 24, 2010 | 22 | Memorandum in Support re 21 MOTION to Dismiss filed by Kathleen Sebelius. (Hambrick, Jonathan) |
| May 24, 2010 | 21 | MOTION to Dismiss by Kathleen Sebelius. (Hambrick, Jonathan) |
| May 19, 2010 | 20 | ORDER re: 18 Motion for Leave to Exceed the Page Limitations imposed by Local Civil Rule 7(F); that Defendant is GRANTED leave to file a memorandum in support of her motion to dismiss not to exceed 45 pages; it is FURTHER ORDERED that Plaintiff is GRANTED leave to file a memorandum in opposition to defendant's motion to dismiss not to exceed 45 pages; and it is FURTHER ORDERED that Plaintiff shall file its opposition to Defendant's motion to dismiss on or before 06/07/2010, and defendant shall file her reply brief in support of her motion to dismiss on or before 06/22/2010. Signed by District Judge Henry E. Hudson on 05/19/2010. (walk, ) |
| May 19, 2010 | 19 | MOTION to Establish Briefing Schedule by Kathleen Sebelius. (Hambrick, Jonathan) |
| May 19, 2010 | 18 | MOTION for Leave to File Excess Pages and Brief in Support Thereof by Kathleen Sebelius. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) |
| May 7, 2010 | 17 | ORDER granting 12 Motion for Pro hac vice. Appointed Ian Gershengorn for Kathleen Sebelius. Signed by District Judge Henry E. Hudson on 5/6/2010. Copies to counsel. (cmcc, ) |
| May 7, 2010 | 16 | ORDER granting 11 Motion for Pro hac vice. Appointed Sheila M. Lieber for Kathleen Sebelius. Signed by District Judge Henry E. Hudson on 5/6/2010. Copies to counsel. (cmcc, ) |
| May 7, 2010 | 15 | ORDER granting 10 Motion for Pro hac vice. Appointed Joel McElvain for Kathleen Sebelius. Signed by District Judge Henry E. Hudson on 5/6/2010. Copies to counsel. (cmcc, ) |
| May 7, 2010 | 14 | ORDER granting 9 Motion for Pro hac vice. Appointed Erika Myers for Kathleen Sebelius. Signed by District Judge Henry E. Hudson on 5/6/2010. Copies to counsel. (cmcc, ) |
| May 6, 2010 | 13 | ORDER granting 7 Defendant's Motion to Modify the Scheduling Order, which the Court will construe as a Motion to Extend Time; the Defendant shall file her Answer or otherwise respond to the Complaint on or before May 24, 2010; if the Defendant files a motion to dismiss the Complaint, the time for filing an Answer shall be deferred until fourteen days after a ruling on that motion to dismiss. Signed by District Judge Henry E. Hudson on 5/6/2010. Copies to counsel. (cmcc, ) |
| May 5, 2010 | | Notice of Correction: Plaintiff counsel has been advised to include the complete signature block on the certificate of service on future documents. (cmcc, ) |
| May 5, 2010 | 12 | MOTION for Ian Gershengorn to appear Pro hac vice; filing fee waived; by Kathleen Sebelius. (cmcc, ) |
| May 5, 2010 | 11 | MOTION for Sheila Lieber to appear Pro hac vice; filing fee waived; by Kathleen Sebelius. (cmcc, ) |
| May 5, 2010 | 10 | MOTION for Joel McElvain to appear Pro hac vice; filing fee waived; by Kathleen Sebelius. (cmcc, ) |
| May 5, 2010 | 9 | MOTION for Erika Myers to appear Pro hac vice; filing fee waived; by Kathleen Sebelius. (cmcc, ) |
| May 5, 2010 | 8 | RESPONSE to Motion re 7 MOTION re 6 Scheduling Order and Brief in Support Thereof filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (Attachments: # 1 Proposed Order)(McCullough, Stephen) |
| May 5, 2010 | 7 | MOTION re 6 Scheduling Order and Brief in Support Thereof by Kathleen Sebelius. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) |
| April 30, 2010 | 6 | SCHEDULING ORDER with Attachment # 1 Pretrial Schedule A (signed by District Judge Henry E. Hudson on 4/30/2010) (rpiz) |
| April 30, 2010 | 5 | ORDER SETTING PRETRIAL CONFERENCE - Initial Pretrial Conference set for 6/3/2010 at 9:15 AM before District Judge Henry E. Hudson (rpiz) |
| March 25, 2010 | 4 | Certificate of Reporting Service by Kathleen Sebelius. Kathleen Sebelius served on 3/23/2010, answer due 5/24/2010. (cmcc, ) |
| March 23, 2010 | | Case reassigned by standard assignment system to District Judge Henry E. Hudson. District Judge Robert E. Payne no longer assigned to the case. (Reassigned pursuant to Order entered 3/23/2010.) (cmcc, ) |
| March 23, 2010 | 3 | ORDER that the undersigned recuses himself from presiding over this action. It is hereby ORDERED that the Clerk reassign this action to another judge in accord with the standard assignment system. Signed by District Judge Robert E. Payne on 3/23/2010. Copies to counsel.(cmcc, ) |
| March 23, 2010 | 2 | Summons Issued as to Kathleen Sebelius, U.S. Attorney and U.S. Attorney General. Delivered to counsel. (cmcc, ) |
| March 23, 2010 | 1 | COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Kathleen Sebelius; filing fee paid $ 350, receipt number 34683007662; filed by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(cmcc, ) |
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