Rogers et al v. Virginia State Registrar et al
| Sophie Rogers, Brandyn Churchill, Amelia Spencer, Samuel Sarfo, Kendall Poole and Ashley Ramkishun |
| Clerk, Rockbridge Circuit Court, Virginia State Registrar and Clerk, Arlington Circuit Court |
| 1:2019cv01149 |
| September 5, 2019 |
| US District Court for the Eastern District of Virginia |
| Rossie D Alston |
| Ivan D Davis |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 28, 2019. A more recent docket listing may be available from PACER.
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Filing 61
ORDER granting #54 Motion to Enforce and Correct Order. Signed by District Judge Rossie D. Alston, Jr on 10/28/2019. (See order for further details). (acha, )
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| Filing 60 RESPONSE in Support re #54 MOTION Motion to Enforce and Correct Order Plaintiff's Reply Memorandum In Support of Motion to Enforce Court's Order filed by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 59 RESPONSE to Motion re #54 MOTION Motion to Enforce and Correct Order filed by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court. (Sullivan, Richard) |
| Filing 58 RESPONSE to Motion re #54 MOTION Motion to Enforce and Correct Order filed by Virginia State Registrar. (Attachments: #1 Proposed Order)(Heytens, Toby) |
| Filing 57 CLERK'S JUDGMENT.Pursuant to the order of this Court entered on 10/11/2019 and in accordance with Federal Rules of Civil Procedure 58, JUDGMENT is hereby entered in favor of the Plaintiffs and against the Defendants. (rban, ) |
| Filing 56 Waiver of re #55 Memorandum in Support, #54 MOTION Motion to Enforce and Correct Order Waiver of Hearing by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer (Glasberg, Victor) |
| Filing 55 Memorandum in Support re #54 MOTION Motion to Enforce and Correct Order filed by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 54 MOTION Motion to Enforce and Correct Order by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Attachments: #1 Proposed Order)(Glasberg, Victor) |
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Filing 53
ORDER granting #51 Consent Motion for Enlargement of Time to Apply for Fees and Costs by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. Signed by District Judge Rossie D. Alston, Jr on 10/16/2019. (See order for further details). (acha, )
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| Filing 52 Waiver of re #51 Consent MOTION for Extension Consent Motion for Enlargement of Time to Apply for Fees and Costs Notice of Waiver of Hearing by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer (Glasberg, Victor) |
| Filing 51 Consent MOTION for Extension Consent Motion for Enlargement of Time to Apply for Fees and Costs by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Attachments: #1 Proposed Order)(Glasberg, Victor) |
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Filing 50
(ENTERED IN CLERK'S ERROR- DUPLICATIVE ENTRY TO ECF #49 )ORDER denying #6 Plaintiff's Motion for TRO; granting #17 Plaintiff's Motion for Summary Judgment ; denying #29 Defendants Motion to Dismiss; directing that this court enjoins the enforcement of va. Code Ann 32.1-267(A) to the extent it burdens individuals fundamental right to marry. Signed by District Judge Rossie D. Alston, Jr on 10/11/2019. (aott, ) Modified on 10/11/2019 (aott, ).
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Filing 49
ORDER this Court denying #6 Plaintiffs Motion for TRO; granting #17 Plaintiffs Motion for Summary Judgment, denying #29 Defendants Motion to Dismiss. This Court ENJOINS the enforcement of Va. Code Ann. 32.1-267(A) to the extent it burdens individuals' fundamental right to marry (see order for details). Signed by District Judge Rossie D. Alston, Jr on 10/11/19. (klau, ) (Main Document 49 replaced on 10/18/2019) (rban, ).
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| Filing 48 Minute Entry for proceedings held before District Judge Rossie D. Alston, Jr: Motion Hearing held on 10/4/2019. Appearance of counsel. Matter on for: Plaintiffs #6 Motion for Temporary Restraining Order or Preliminary Injunction, Plaintiffs #17 Motion for Summary Judgment, and Defendants' #29 Motion to Dismiss the Complaint. Motions argued and taken under advisement. Ruling to issue by COB next Friday, October 11, 2019. (Court Reporter: T. Harris)(tarm) |
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Filing 47
ORDER granting #45 MOTION for Leave to File Documentation Regarding the Opinions of the Virginia Attorney General. Signed by District Judge Rossie D. Alston, Jr on 10/3/2019. (See order for further details). (acha, )
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| Filing 46 Waiver of re #45 MOTION Motion for Leave to File Documentation Regarding the Opinions of the Virginia Attorney General Waiver of Hearing by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer (Glasberg, Victor) |
| Filing 45 MOTION Motion for Leave to File Documentation Regarding the Opinions of the Virginia Attorney General by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Attachments: #1 Exhibit Re: A.J. Opinions)(Glasberg, Victor) |
| Filing 44 REPLY to Response to Motion re #29 MOTION to Dismiss filed by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. (Heytens, Toby) |
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Filing 43
ORDER granting #36 Consent MOTION Consolidate Hearing on Defendants' Motion to Dismiss the Complaint with Hearing on Plaintiffs' Motion for Summary Judgment ; granting #37 Amended MOTION Consolidate Hearing on Defendants' Motion to Dismiss the Complaint with Hearing on Plaintiffs' Motion for Summary Judgment ; granting #20 MOTION to Consolidate Hearing on Motion for Preliminary Injunction with Disposition On the Merits. Signed by District Judge Rossie D. Alston, Jr on 10/1/2019. (See order for further details). (acha, )
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| Filing 42 NOTICE by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer re #39 Exhibit,, Praecipe, Correction to Exhibit R (Valdellon Declaration) (Glasberg, Victor) |
| Set/Reset Deadlines as to #29 MOTION to Dismiss . Motion Hearing set for 10/4/2019 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr.. (acha, ) |
| Filing 41 CORRECTED Reply to Motion re #29 MOTION to Dismiss and Reply in Support of Plaintiffs' Pending Motions filed by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) Modified on 10/1/2019 (lcre, ). |
| Filing 40 Memorandum on all pending motions to #29 MOTION to Dismiss , #17 MOTION for Summary Judgment , #20 MOTION Motion to Consolidate Hearing on Motion for Preliminary Injunction with Disposition On the Merits re #7 Memorandum in Support, #6 MOTION for Temporary Restraining Order filed by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 39 EXHIBIT Documentary Appenedix to Plaintiffs' Reply Memorandum by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer.. (Attachments: #1 Exhibit J - Atty.Gen. memo, #2 Exhibit K - Plaintiffs declarations, #3 Exhibit L - Revised application form, #4 Exhibit M - Va. Sup Ct. email, #5 Exhibit N - Virginia intervention, Bostic, #6 Exhibit O - Rainey amended answer, Bostric, #7 Exhibit P - Mem. supporting M.S.J., Porter, #8 Exhibit Q - Grumbine declaration, #9 Exhibit R - Valdellon declaration)(Glasberg, Victor) |
| Filing 38 REPLY to Response to Motion re #17 MOTION for Summary Judgment , #20 MOTION Motion to Consolidate Hearing on Motion for Preliminary Injunction with Disposition On the Merits re #7 Memorandum in Support, #6 MOTION for Temporary Restraining Order , #6 MOTION for Temporary Restraining Order filed by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 37 Amended MOTION Consolidate Hearing on Defendants' Motion to Dismiss the Complaint with Hearing on Plaintiffs' Motion for Summary Judgment re #29 MOTION to Dismiss , #17 MOTION for Summary Judgment by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. (Attachments: #1 Proposed Order)(Heytens, Toby) |
| Filing 36 Consent MOTION Consolidate Hearing on Defendants' Motion to Dismiss the Complaint with Hearing on Plaintiffs' Motion for Summary Judgment re #29 MOTION to Dismiss , #17 MOTION for Summary Judgment by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. (Heytens, Toby) |
| Set Deadlines as to #29 MOTION to Dismiss . Motion Hearing set for 10/18/2019 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr.. (clar, ) |
| Filing 35 RESPONSE in Opposition re #17 MOTION for Summary Judgment filed by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. (Heytens, Toby) |
| Filing 34 RESPONSE in Opposition re #6 MOTION for Temporary Restraining Order filed by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. (Heytens, Toby) |
| Filing 33 Notice of Hearing Date [October 18, 2019] re #29 MOTION to Dismiss (Heytens, Toby) |
| Filing 32 Declaration re #30 Memorandum in Support [Decl. of Michelle M. Trout] by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. (Heytens, Toby) |
| Filing 31 Declaration re #30 Memorandum in Support by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. (Attachments: #1 Exhibit A -- Email to Clerks, #2 Exhibit B -- Attorney General Memorandum, #3 Exhibit C -- Fillable PDF Marriage Certificate Form)(Heytens, Toby) (Attachment 3 replaced on 9/27/2019) (clar, ). |
| Filing 30 Memorandum in Support re #29 MOTION to Dismiss filed by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. (Heytens, Toby) |
| Filing 29 MOTION to Dismiss by Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. (Heytens, Toby) |
| Filing 28 NOTICE of Appearance by Christopher Jason Falcon on behalf of Clerk, Arlington Circuit Court (Attachments: #1 Letter)(acha, ) |
| Filing 27 NOTICE by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer re #26 Order on Motion for Miscellaneous Relief Notice of Filing Book In Court (Glasberg, Victor) |
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Filing 26
ORDER granting #10 MOTION for Leave to File Book in Court & Request for Expedited Consideration. Signed by Magistrate Judge Ivan D. Davis on 9/23/2019. (See order for further details). (acha, )
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| Filing 25 NOTICE of Appearance by Richard Cyril Sullivan, Jr on behalf of Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court (Sullivan, Richard) |
| Filing 24 NOTICE by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer re #1 Complaint,,, Praecipe -- Corrections to Numbering of Two Exhibits (Glasberg, Victor) |
| Set Deadlines as to #17 MOTION for Summary Judgment . Motion Hearing set for 10/4/2019 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr.. (klau, ) |
| Filing 23 NOTICE of Appearance by Toby Jay Heytens on behalf of Virginia State Registrar (Heytens, Toby) |
| Filing 22 Waiver of re #21 Memorandum in Support, #20 MOTION Motion to Consolidate Hearing on Motion for Preliminary Injunction with Disposition On the Merits re #7 Memorandum in Support, #6 MOTION for Temporary Restraining Order Waiver of Hearing by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo (Glasberg, Victor) |
| Filing 21 Memorandum in Support re #20 MOTION Motion to Consolidate Hearing on Motion for Preliminary Injunction with Disposition On the Merits re #7 Memorandum in Support, #6 MOTION for Temporary Restraining Order filed by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Attachments: #1 Exhibit J)(Glasberg, Victor) |
| Filing 20 MOTION Motion to Consolidate Hearing on Motion for Preliminary Injunction with Disposition On the Merits re #7 Memorandum in Support, #6 MOTION for Temporary Restraining Order by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 19 Notice of Hearing Date set for October 4, 2019 re #18 Memorandum in Support, #17 MOTION for Summary Judgment (Glasberg, Victor) |
| Filing 18 Memorandum in Support re #17 MOTION for Summary Judgment filed by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Attachments: #1 Exhibit J, #2 Exhibit K)(Glasberg, Victor) |
| Filing 17 MOTION for Summary Judgment by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 16 CERTIFICATE OF SERVICE by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer re #15 Summons Returned Executed, #14 Summons Returned Executed, #13 Summons Returned Executed (Glasberg, Victor) |
| Filing 15 SUMMONS Returned Executed by Kendall Poole, Samuel Sarfo, Sophie Rogers, Ashley Ramkishun, Brandyn Churchill, Amelia Spencer Clerk, Rockbridge Circuit Court served on 9/6/2019, answer due 9/27/2019 (Glasberg, Victor) |
| Filing 14 SUMMONS Returned Executed by Kendall Poole, Samuel Sarfo, Sophie Rogers, Ashley Ramkishun, Brandyn Churchill, Amelia Spencer Clerk, Arlington Circuit Court served on 9/6/2019, answer due 9/27/2019 (Glasberg, Victor) |
| Filing 13 SUMMONS Returned Executed by Kendall Poole, Samuel Sarfo, Sophie Rogers, Ashley Ramkishun, Brandyn Churchill, Amelia Spencer Virginia State Registrar served on 9/6/2019, answer due 9/27/2019 (Glasberg, Victor) |
| Set Deadlines as to #6 MOTION for Temporary Restraining Order . Motion Hearing set for 10/4/2019 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr.. (dvanm, ) |
| Filing 12 Waiver of re #10 MOTION for Leave to File Book in Court & Request for Expedited Consideration, #11 Memorandum in Support, Notice of Waiver of Hearing by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer (Glasberg, Victor) |
| Filing 11 Memorandum in Support re #10 MOTION for Leave to File Book in Court & Request for Expedited Consideration filed by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 10 MOTION for Leave to File Book in Court & Request for Expedited Consideration by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 9 NOTICE by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer re #8 Notice of Hearing Date, #6 MOTION for Temporary Restraining Order , #7 Memorandum in Support Documentary Appendix to Motion for Temporary Restraining Order Or Preliminary Injunction (Attachments: #1 Exhibit A-Declaration of Victor M. Glasberg, #2 Exhibit B-Declaration of Sophie Rogers, #3 Exhibit C-Declaration of Brandyn Churchill, #4 Exhibit D-Declaration of Marcus Feldman, #5 Exhibit E-Declaration of Thoma Guglielmo, #6 Exhibit F-Declaration of Matthew Frye Jacobson, #7 Exhibit G-Declaration of Paul Lombardo, #8 Exhibit H-Declaration of Kenneth Prewitt, #9 Exhibit I-Declaration of Sarah Tishkoff)(Glasberg, Victor) |
| Filing 8 Notice of Hearing Date set for October 4, 2019 re #7 Memorandum in Support, #6 MOTION for Temporary Restraining Order (Glasberg, Victor) |
| Filing 7 Memorandum in Support re #6 MOTION for Temporary Restraining Order or Preliminary Injunction filed by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 6 MOTION for Temporary Restraining Order by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 5 Summons Issued as to Clerk, Arlington Circuit Court, Clerk, Rockbridge Circuit Court, Virginia State Registrar. 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)(acha, ) |
| Filing 4 Proposed Summons re #1 Complaint,,, Clerk, Rockbridge Circuit Court by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 3 Proposed Summons re #1 Complaint,,, Clerk, Arlington Circuit Court by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 2 Proposed Summons re #1 Complaint,,, Virginia State Registrar by Brandyn Churchill, Kendall Poole, Ashley Ramkishun, Sophie Rogers, Samuel Sarfo, Amelia Spencer. (Glasberg, Victor) |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6820516.), filed by Kendall Poole, Samuel Sarfo, Sophie Rogers, Ashley Ramkishun, Brandyn Churchill, Amelia Spencer. (Attachments: #1 Exhibit 1-Arlington races, #2 Exhibit 2-Rockbridge races, #3 Exhibit 3-Linnaeus excerpt, #4 Exhibit 4-Plecker letter, #5 Exhibit 5-Plecker VDH report, #6 Exhibit 6-Plecker letter, #7 Exhibit 7-Plecker letter, #8 Exhibit 8-924 license application, #9 Exhibit 9-Plecker letter, #10 Exhibit 10-Dass photos, #11 Exhibit 11-Biggs twins, #12 Exhibit 12-Model Marriage Act, #13 Exhibit 13-OMB Dir. No. 15, #14 Exhibit 14-Nat'l Acad. Report, #15 Exhibit 15-Revised Dir. 15, #16 Exhibit 16-VDH races, #17 Exhibit 17-Fairfax races, #18 Exhibit 18-Alexandria races, #19 Exhibit 19-VDH statistics, #20 Civil Cover Sheet Civil Cover Sheet)(Glasberg, Victor) Modified on 9/5/2019 to correct administrative error (acha, ). |
| Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge Ivan D. Davis. (acha, ) |
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