Roe et al v. Defense et al
Plaintiff: Victor Voe, OutServe-SLDN, Inc. and Richard Roe
Defendant: Heather A. Wilson, James N. Mattis and United States Department of Defense
Case Number: 1:2018cv01565
Filed: December 19, 2018
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Leonie M Brinkema
Referring Judge: Ivan D Davis
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 15, 2019 Filing 76 NOTICE by James N. Mattis, United States Department of Defense, Heather A. Wilson FORTHCOMING RESPONSE (McCotter, R.)
February 15, 2019 Filing 75 Memorandum in Support re #74 MOTION to Amend/Correct Preliminary Injunction filed by OutServe-SLDN, Inc.. (Attachments: #1 Proposed Order)(Sommer, Andrew)
February 15, 2019 Filing 74 MOTION to Amend/Correct Preliminary Injunction by OutServe-SLDN, Inc.. (Sommer, Andrew)
February 15, 2019 Opinion or Order Filing 73 ORDER: For the reasons stated in the accompanying Memorandum Opinion, defendants' Motion to Dismiss [Dkt. Nos. 48-49] is DENIED, plaintiffs' Motion for a Preliminary Injunction [Dkt. No. 33] is GRANTED IN PART and DENIED IN PART, and it is hereby ORDERED, ADJUDGED, and DECREED that defendants be and are ENJOINED from separating or discharging from military service Richard Roe, Victor Voe, and any other similarly situated active-duty member of the Air Force because they are classified as ineligible for worldwide deployment or deployment to the United States Central Command ("CENTCOM" ) area due to their HIV-positive status. Signed by District Judge Leonie M. Brinkema on 2/15/19. (yguy)
February 15, 2019 Opinion or Order Filing 72 MEMORANDUM OPINION: Accordingly, plaintiffs' motion for a preliminary injunction will be granted in part and denied in part, and defendants' motion to dismiss denied, by an appropriate Order to be issued with thisMemorandum Opinion. Signed by District Judge Leonie M. Brinkema on 2/15/19. (yguy)
February 15, 2019 Filing 71 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 2/15/2019. Appearances of counsel. Motions are argued. Pltfs' #33 MOTION for Preliminary Injunction is GRANTED IN PART AND DENIED IN PART. Defts' #48 MOTION to Dismiss for Lack of Jurisdiction and #49 MOTION to Dismiss for Failure to State a Claim are DENIED. (memorandum opinion and order to follow) (Court Reporter A. Thomson.)(yguy)
February 8, 2019 Filing 70 REPLY to Response to Motion re #49 MOTION to Dismiss for Failure to State a Claim , #48 MOTION to Dismiss for Lack of Jurisdiction filed by James N. Mattis, United States Department of Defense, Heather A. Wilson. (McCotter, R.)
February 4, 2019 Opinion or Order Filing 69 ORDER granting #62 Motion to Seal Exhibits A & B to Plaintiffs' Opposition to the Motion to Dismiss and Reply in Support of their Motion for a Preliminary Injunction. Signed by District Judge Leonie M. Brinkema on 2/4/2019. (see Order for details) (dest, )
February 1, 2019 Filing 68 NOTICE of Appearance by Laura Joy Cooley on behalf of OutServe-SLDN, Inc., Richard Roe, Victor Voe (Cooley, Laura)
February 1, 2019 Filing 67 NOTICE by James N. Mattis, United States Department of Defense, Heather A. Wilson FILING OF REDACTED ADMINISTRATIVE RECORD (Attachments: #1 Exhibit AR1, #2 Exhibit AR2, #3 Exhibit AR3, #4 Exhibit AR4)(McCotter, R.)
February 1, 2019 Filing 66 CERTIFICATE of Service as to Sealed Exhibits A & B by Andrew Ryan Sommer on behalf of OutServe-SLDN, Inc., Richard Roe, Victor Voe (Sommer, Andrew)
February 1, 2019 Filing 65 Memorandum in Support re #62 MOTION to Seal Exhibits A & B to Plaintiffs' Opposition to the Motion to Dismiss and Reply in Support of their Motion for a Preliminary Injunction filed by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
February 1, 2019 Filing 64 Sealed Attachment/Exhibit(s) re #62 MOTION to Seal Exhibits A & B to Plaintiffs' Opposition to the Motion to Dismiss and Reply in Support of their Motion for a Preliminary Injunction. (Attachments: #1 Exhibit B)(Sommer, Andrew)
February 1, 2019 Filing 63 Notice of Filing Sealing Motion LCvR5(C) by OutServe-SLDN, Inc., Richard Roe, Victor Voe re #62 MOTION to Seal Exhibits A & B to Plaintiffs' Opposition to the Motion to Dismiss and Reply in Support of their Motion for a Preliminary Injunction (Sommer, Andrew)
February 1, 2019 Filing 62 MOTION to Seal Exhibits A & B to Plaintiffs' Opposition to the Motion to Dismiss and Reply in Support of their Motion for a Preliminary Injunction by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Attachments: #1 Proposed Order)(Sommer, Andrew)
February 1, 2019 Filing 61 Reply to Opposition to Preliminary Injunction filed by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
February 1, 2019 Filing 60 Opposition to the Motion to Dismiss filed by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C1, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Sommer, Andrew)
January 28, 2019 Opinion or Order Filing 59 ORDER granting #52 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 1/28/2019. (See order for further details). (acha, )
January 28, 2019 Set Deadlines as to #49 MOTION to Dismiss for Failure to State a Claim , #48 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 2/15/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )
January 25, 2019 Filing 58 Sealed Appendix Part 4. (McCotter, R.)
January 25, 2019 Filing 57 Sealed Appendix Part 3. (McCotter, R.)
January 25, 2019 Filing 56 Sealed Appendix Part 2. (McCotter, R.)
January 25, 2019 Filing 55 Sealed Appendix Part 1. (McCotter, R.)
January 25, 2019 Filing 54 Memorandum in Support re #52 MOTION to Seal filed by James N. Mattis, United States Department of Defense, Heather A. Wilson. (Attachments: #1 Proposed Order)(McCotter, R.)
January 25, 2019 Filing 53 Notice of Under Seal Filing LCvR5 (B) by James N. Mattis, United States Department of Defense, Heather A. Wilson re #52 MOTION to Seal (McCotter, R.)
January 25, 2019 Filing 52 MOTION to Seal by James N. Mattis, United States Department of Defense, Heather A. Wilson. (McCotter, R.)
January 25, 2019 Filing 51 Notice of Hearing Date set for February 15, 2019 re #49 MOTION to Dismiss for Failure to State a Claim , #48 MOTION to Dismiss for Lack of Jurisdiction (McCotter, R.)
January 25, 2019 Filing 50 Memorandum in Support re #49 MOTION to Dismiss for Failure to State a Claim , #48 MOTION to Dismiss for Lack of Jurisdiction filed by James N. Mattis, United States Department of Defense, Heather A. Wilson. (Attachments: #1 Appendix Index, #2 Appendix Public Part 1, #3 Appendix Public Part 2)(McCotter, R.)
January 25, 2019 Filing 49 MOTION to Dismiss for Failure to State a Claim by James N. Mattis, United States Department of Defense, Heather A. Wilson. (McCotter, R.)
January 25, 2019 Filing 48 MOTION to Dismiss for Lack of Jurisdiction by James N. Mattis, United States Department of Defense, Heather A. Wilson. (McCotter, R.)
January 25, 2019 Filing 47 Memorandum in Opposition re #33 MOTION for Preliminary Injunction filed by James N. Mattis, United States Department of Defense, Heather A. Wilson. (Attachments: #1 Appendix Index, #2 Appendix Public Part 1, #3 Appendix Public Part 2)(McCotter, R.)
January 22, 2019 Opinion or Order Filing 46 ORDER GRANTING #43 MOTION For Agreed-Upon Electronically-Stored Information Order. Signed by Magistrate Judge Ivan D. Davis on 1/22/2019. (See order for further details). (acha, )
January 22, 2019 Opinion or Order Filing 45 ORDER granting #43 Motion for Entry of Agreed-Upon Protective Order Signed by Magistrate Judge Ivan D. Davis on 1/22/2019. (See order for further details). (acha, )
January 22, 2019 Filing 44 Redacted version of Exhibits A and B and Supporting Attachments to #34 Memorandum in Support of Plaintiffs Motion for Preliminary Injunction. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit B, #8 Exhibit B1, #9 Exhibit B2, #10 Exhibit B3, #11 Exhibit B4)(Sommer, Andrew)
January 18, 2019 Filing 43 MOTION For Entry of Agreed-Upon Protective Order and Agreed-Upon Electronically-Stored Information Order by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Attachments: #1 Exhibit A - Proposed Protective Order, #2 Exhibit B - Proposed ESI Order)(Sommer, Andrew)
January 18, 2019 Opinion or Order Filing 42 ORDER- It is hereby ORDERED that plaintiff's #36 motion is GRANTED IN PART, and that Exhibits A and B in support of plaintiff's motion for preliminary injunction may remain filed under seal; and it is further ORDERED that plaintiff's publicly file redacted versions of every document filed under seal. Signed by District Judge Leonie M. Brinkema on 1/18/2019. (See order for further details). (acha, )
January 15, 2019 Set Deadlines as to #33 MOTION for Preliminary Injunction . Motion Hearing set for 2/15/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )
January 11, 2019 Filing 41 CERTIFICATE of Service as to Sealed Exhibits A & B and attachments by Andrew Ryan Sommer on behalf of OutServe-SLDN, Inc., Richard Roe, Victor Voe (Sommer, Andrew)
January 11, 2019 Filing 40 EXHIBIT C-J for Memorandum in Support of Preliminary Injunction by OutServe-SLDN, Inc., Richard Roe, Victor Voe.. (Attachments: #1 Exhibit C1, #2 Exhibit C2, #3 Exhibit C3, #4 Exhibit C4, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Sommer, Andrew)
January 11, 2019 Filing 39 Memorandum in Support re #36 MOTION to Seal Exhibits A & B and Attachments filed by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
January 11, 2019 Filing 38 Sealed Attachment/Exhibit(s) re #36 MOTION to Seal Exhibits A & B and Attachments. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit B, #8 Exhibit B1, #9 Exhibit B2, #10 Exhibit B3, #11 Exhibit B4)(Sommer, Andrew)
January 11, 2019 Filing 37 Notice of Filing Sealing Motion LCvR5(C) by OutServe-SLDN, Inc., Richard Roe, Victor Voe re #36 MOTION to Seal Exhibits A & B and Attachments (Sommer, Andrew)
January 11, 2019 Filing 36 MOTION to Seal Exhibits A & B and Attachments by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Attachments: #1 Proposed Order)(Sommer, Andrew)
January 11, 2019 Filing 35 Notice of Hearing Date set for February 15, 2019 re #33 MOTION for Preliminary Injunction (Sommer, Andrew)
January 11, 2019 Filing 34 Memorandum in Support re #33 MOTION for Preliminary Injunction filed by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Attachments: #1 Proposed Order)(Sommer, Andrew)
January 11, 2019 Filing 33 MOTION for Preliminary Injunction by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
January 4, 2019 Opinion or Order Filing 32 ORDER- It is hereby ORDERED that the 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. (See order for further details). (acha, ).
January 4, 2019 Filing 31 NOTICE of Appearance by R. Trent McCotter on behalf of James N. Mattis, United States Department of Defense, Heather A. Wilson (McCotter, R.)
January 4, 2019 Filing 30 Memorandum in Support re #29 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 OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Attachments: #1 Proposed Order)(Sommer, Andrew)
January 4, 2019 Filing 29 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 OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
January 4, 2019 Set Deadlines/Hearings Discovery due by 5/10/2019. Final Pretrial Conference set for 5/16/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (acha, )
January 2, 2019 Filing 28 AFFIDAVIT of Service as to G. Zachary Terwilliger by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
January 2, 2019 Filing 27 AFFIDAVIT of Service as to James Mattis by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
January 2, 2019 Filing 26 AFFIDAVIT of Service as to Heather A. Wilson by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
January 2, 2019 Filing 25 AFFIDAVIT of Service as to Department of Defense by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
January 2, 2019 Filing 24 AFFIDAVIT of Service as to Matthew Whitaker by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 21, 2018 Opinion or Order Filing 23 ORDER: Before the Court is plaintiffs' Motion to Proceed Under Pseudonyms and for All of Plaintiff Roe's and Plaintiff Voe's Identifying Information to Be Redacted from Documents Filed in the Public Record [Dkt. No. 8]. The Court has considered plaintiffs' submission and finds it is well made. Accordingly, the Motion is GRANTED, and it is hereby ORDERED that plaintiffs shall be entitled to proceed pseudonymously and to have any personal identifying information redacted from publicly filed documents.Signed by District Judge Leonie M. Brinkema on 12/21/18. (yguy)
December 21, 2018 Opinion or Order Filing 22 ORDER granting #16 Motion for Pro hac vice for Scott Schoettes. Signed by District Judge Leonie M. Brinkema on 12/21/2018. (acha, )
December 21, 2018 Opinion or Order Filing 21 ORDER granting #15 Motion for Pro hac vice for Peter Edward Perkowski. Signed by District Judge Leonie M. Brinkema on 12/21/2018. (acha, )
December 21, 2018 Opinion or Order Filing 20 ORDER granting #14 Motion for Pro hac vice for Lauren Gailey. Signed by District Judge Leonie M. Brinkema on 12/21/2018. (acha, )
December 21, 2018 Opinion or Order Filing 19 ORDER granting #13 Motion for Pro hac vice for Kara Nicole Ingelhart. Signed by District Judge Leonie M. Brinkema on 12/21/2018. (acha, )
December 21, 2018 Opinion or Order Filing 18 ORDER granting #12 Motion for Pro hac vice for Julie Anne Bauer. Signed by District Judge Leonie M. Brinkema on 12/21/2018. (acha, )
December 20, 2018 Set Deadlines as to #8 MOTION to Proceed Under Pseudonyms and for All of Plaintiff Roe's and Plaintiff Voe's Identifying Information to be Redacted from Documents filed in the Public Record . Motion Hearing set for 1/4/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )
December 19, 2018 Filing 17 Summons Issued as to James N. Mattis, United States Department of Defense, Heather A. Wilson, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electroncially issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(acha, )
December 19, 2018 Filing 16 Motion to appear Pro Hac Vice by Scott Schoettes and Certification of Local Counsel Andrew R. Sommer Filing fee $ 75, receipt number 0422-6414790. by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 15 Motion to appear Pro Hac Vice by Peter Edward Perkowski and Certification of Local Counsel Andrew R. Sommer Filing fee $ 75, receipt number 0422-6414767. by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 14 Motion to appear Pro Hac Vice by Lauren Gailey and Certification of Local Counsel Andrew R. Sommer Filing fee $ 75, receipt number 0422-6414754. by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 13 Motion to appear Pro Hac Vice by Kara Nicole Ingelhart and Certification of Local Counsel Andrew R. Sommer Filing fee $ 75, receipt number 0422-6414747. by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 12 Motion to appear Pro Hac Vice by Julie Anne Bauer and Certification of Local Counsel Andrew R. Sommer by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 11 Proposed Summons as to the U.S. Department of Defense by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 10 Notice of Hearing Date set for 1/4/2019 re #8 MOTION to Proceed Under Pseudonyms and for All of Plaintiff Roe's and Plaintiff Voe's Identifying Information to be Redacted from Documents filed in the Public Record (Sommer, Andrew)
December 19, 2018 Filing 9 Memorandum in Support re #8 MOTION to Proceed Under Pseudonyms and for All of Plaintiff Roe's and Plaintiff Voe's Identifying Information to be Redacted from Documents filed in the Public Record filed by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 8 MOTION to Proceed Under Pseudonyms and for All of Plaintiff Roe's and Plaintiff Voe's Identifying Information to be Redacted from Documents filed in the Public Record by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Attachments: #1 Proposed Order)(Sommer, Andrew)
December 19, 2018 Filing 7 Proposed Summons as to Heather A. Wilson, Secretary of the Air Force by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 6 Proposed Summons as to James Mattis Secretary of Defense by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 5 Proposed Summons as to G. Zachary Terwilliger US Attorney for Eastern District of Virginia by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 4 Proposed Summons as to Acting Attorney General of the United States Matthew Whitaker by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 3 Financial Interest Disclosure Statement (Local Rule 7.1) by OutServe-SLDN, Inc., Richard Roe, Victor Voe. (Sommer, Andrew)
December 19, 2018 Filing 2 NOTICE of Appearance by Andrew Ryan Sommer on behalf of OutServe-SLDN, Inc., Richard Roe, Victor Voe (Sommer, Andrew)
December 19, 2018 Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6414179.), filed by Richard Roe, OutServe-SLDN, Inc., Victor Voe. (Attachments: #1 Civil Cover Sheet)(Sommer, Andrew)
December 19, 2018 Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (acha, )

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Search for this case: Roe et al v. Defense et al
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Defendant: Heather A. Wilson
Represented By: R. Trent McCotter
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Defendant: James N. Mattis
Represented By: R. Trent McCotter
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Defendant: United States Department of Defense
Represented By: R. Trent McCotter
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Plaintiff: Victor Voe
Represented By: Andrew Ryan Sommer
Represented By: Laura Joy Cooley
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Plaintiff: OutServe-SLDN, Inc.
Represented By: Andrew Ryan Sommer
Represented By: Laura Joy Cooley
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Plaintiff: Richard Roe
Represented By: Andrew Ryan Sommer
Represented By: Laura Joy Cooley
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