Updegrove et al v. Herring et al
| Robert Updegrove and Loudoun Multi-Images LLC doing business as Bob Updegrove Photography |
| Mark R. Herring and R. Thomas Payne, II |
| Americans United for Separation of Church & State, American Civil Liberties Union, American Civil Liberties Union of Virginia, North Carolina Values Coalition, Institute for Faith and Family and The Family Foundation, et al. |
| 1:2020cv01141 |
| September 28, 2020 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| Claude M Hilton |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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Filing 77
USCA Rule 42(b) Mandate re #62 Notice of Appeal. This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (swil)
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Filing 76
FILED IN ERROR AND REMOVED (Duplicative Entry) (Dest) (Main Document 76 replaced on 11/6/2023) (Dest).
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Filing 75
ORDER of USCA as to #62 Notice of Appeal filed by Loudoun Multi-Images LLC, Robert Updegrove. Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. (swil)
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Filing 74
ORDER of USCA as to #62 Notice of Appeal filed by Loudoun Multi-Images LLC, Robert Updegrove. This case is currently calendared for oral argument on May 5, 2022. Upon consideration of the joint motion for abeyance, the court grants the motion, removes this case from the oral argument calendar and places this case in abeyance pending a decision by the United States Supreme Court in 303 Creative LLC v. Elenis, No. 21-476, cert. granted, 2022 WL 515867 (Feb. 22, 2022). (jlan)
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Filing 73
ORDER of USCA as to #62 Notice of Appeal filed by Loudoun Multi-Images LLC, Robert Updegrove. The court grants the motion to relieve counsel from further representation on appeal. (swil)
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Filing 72
ORDER of USCA as to #62 Notice of Appeal. The court grants the motion to relieve counsel from further representation on appeal.(shea)
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Filing 71
ORDER of USCA as to #62 Notice of Appeal. The court grants the motion to relieve counsel from further representation on appeal.(shea)
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Filing 70
ORDER of USCA as to #62 Notice of Appeal filed by Loudoun Multi-Images LLC, Robert Updegrove; The court grants the motion to relieve Jessica Samuels from further representation on appeal. (shea)
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Filing 69
ORDER of USCA; The court grants the motion to withdraw from further representation on appeal filed by Jessica Anne Lee as to #62 Notice of Appeal filed by Loudoun Multi-Images LLC, Robert Updegrove. (shea)
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Filing 68
TRANSCRIPT of Motion Hearing for dates of January 15, 2021, before Judge Claude M. Hilton, re #65 Transcript Order Acknowledgment from USCA Court Reporter/Transcriber Julie Goodwin, Telephone number 571-970-3191. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Does this satisfy all appellate orders for this reporter? y 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 7/6/2021. Redacted Transcript Deadline set for 8/4/2021. Release of Transcript Restriction set for 9/2/2021.(egal, julie)
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Filing 67
Declaration re #20 Memorandum in Opposition [Decl. of Mona Siddiqui, dated May 27, 2021] by Mark R. Herring, R. Thomas Payne, II. (Samuels, Jessica)
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Filing 66
Declaration re #20 Memorandum in Opposition [Decl. of R. Thomas Payne, II, dated May 27, 2021] by Mark R. Herring, R. Thomas Payne, II. (Samuels, Jessica)
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Filing 65
Transcript Order Acknowledgment from USCA re #62 Notice of Appeal : Court Reporter/Transcriber Julie Egal. (dvanm, )
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Filing 64
USCA Case Number 21-1506. 4th CCA, case manager Anisha Walker, for #62 Notice of Appeal filed by Loudoun Multi-Images LLC, Robert Updegrove. (dvanm, )
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Filing 63
Transmission of Notice of Appeal to US Court of Appeals re #62 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) (dvanm, )
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Filing 62
NOTICE OF APPEAL as to #61 Order Dismissing Case by Loudoun Multi-Images LLC, Robert Updegrove. Filing fee $ 505, receipt number AVAEDC-7757050. (Welty, Charles)
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Filing 61
ORDERED that Defendants' 12(b) (1) Motion to Dismiss is GRANTED, and the case is DISMISSED. Signed by District Judge Claude M. Hilton on 03/30/2021. (dvanm, )
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Filing 60
MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 03/30/2021. (dvanm, )
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Filing 59
SO ORDERED re #58 Motion to Withdraw as Attorney. Attorney Nicole Gloria Tortoriello terminated. Signed by Magistrate Judge John F. Anderson on 01/29/2021. (dvanm, )
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Filing 58
MOTION to Withdraw as Attorney by American Civil Liberties Union, American Civil Liberties Union of Virginia. (Tortoriello, Nicole)
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Filing 57
ORDER granting #56 Motion to Withdraw as Attorney. Attorney Martine Elizabeth Cicconi terminated. Signed by Magistrate Judge John F. Anderson on 01/19/2021. (dvanm, )
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Filing 56
MOTION to Withdraw as Attorney by Mark R. Herring, R. Thomas Payne, II. (Attachments: #1 Proposed Order)(Cicconi, Martine)
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Filing 55
Minute Entry for proceedings held before District Judge Claude M. Hilton:Motion Hearing held on 01/15/2021. Appearance of Counsel. #2 Plaintiffs Motion for Preliminary Injunction and #21 Defendants Motion to Dismiss Motions Argued and taken under advisement and Order to Follow.
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Filing 54
NOTICE of Appearance by Toby Jay Heytens on behalf of Mark R. Herring, R. Thomas Payne, II (Heytens, Toby)
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Public Teleconference Access Information for District Judge Claude M. Hilton.Teleconference #: 1-888-363-4735Access Code: 8281778 (jlan)
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Filing 53
ORDERED that #45 The Motion is GRANTED. The proposed brief submitted simultaneously with the Motion shall be filed in this action upon entry of this Order. Signed by District Judge Claude M. Hilton on 01/06/2021. (dvanm, )
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Filing 52
ORDERED that #41 the Motion is GRANTED, and the Amicus Curiae Brief submitted by NCVC and IFF is deemed submitted and shall be considered part of the record in this matter. Signed by District Judge Claude M. Hilton on 01/06/2021. (dvanm, )
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Filing 51
REPLY to Response to Motion re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Mark R. Herring, R. Thomas Payne, II. (Samuels, Jessica)
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Filing 50
NOTICE by Institute for Faith and Family, North Carolina Values Coalition re #41 Amicus Brief waiver of oral argument re Motion for Leave to File (Thetford, William)
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Filing 49
NOTICE of Appearance by William Randolph Thetford, Jr on behalf of Institute for Faith and Family, North Carolina Values Coalition (Thetford, William)
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Filing 48
Consent MOTION for Leave to Appear as Counsel by The Family Foundation, et al.. (Davids, James)
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Filing 47
RESPONSE in Opposition re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Robert Updegrove. (Welty, Charles)
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Filing 46
REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by Robert Updegrove. (Welty, Charles)
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Filing 45
Amicus Brief by The Family Foundation, et al. with Consent Motion. (Attachments: #1 Supplement Financial Disclosure, #2 Proposed Order Proposed Order)(Fitschen, Steven)
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Filing 44
NOTICE of Appearance by Steven Werner Fitschen on behalf of The Family Foundation, et al. (Fitschen, Steven)
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Filing 43
Incorrect document was attached for this filing. The electronic document has been removed. The filing user has been notified to refile the document. NOTICE of Appearance by Steven Werner Fitschen on behalf of Robert Updegrove (Fitschen, Steven) (Main Document 43 replaced on and Modified on 12/15/2020 (ldab, )
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Filing 42
Incorrect document was attached for this filing. The electronic document has been removed. The filing user has been notified to refile the document.NOTICE of Appearance by Steven Werner Fitschen on behalf of Robert Updegrove (Fitschen, Steven) (Main Document 42 replaced on and Modified on 12/15/2020 (ldab, ).
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Filing 41
Amicus Brief by North Carolina Values Coalition, Institute for Faith and Family . (Attachments: #1 Exhibit Amici Curiae Brief, #2 Proposed Order)(Thetford, William)
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Filing 40
ORDER granting #37 Motion for Pro hac vice as to Kenneth Dale Upton, Jr.. Signed by Magistrate Judge John F. Anderson on 12/1/2020. (dvanm, )
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Filing 39
ORDER granting #36 Motion for Pro hac vice as to Sara Ruth Goetz. Signed by Magistrate Judge John F. Anderson on 12/1/2020. (dvanm, )
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Filing 38
ORDER granting #35 Motion for Pro hac vice as to Richard Brian Katskee. Signed by Magistrate Judge John F. Anderson on 12/1/2020. (dvanm, )
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Filing 37
Motion to appear Pro Hac Vice by Kenneth Dale Upton, Jr. and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-7520322. by Americans United for Separation of Church & State. (Glasberg, Victor) Modified text on 12/1/2020 to correct filer per counsel (klau, ).
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Filing 36
Motion to appear Pro Hac Vice by Sara Ruth Goetz and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-7520316. by Americans United for Separation of Church & State. (Glasberg, Victor) Modified text on 12/1/2020 to correct filer per counsel (klau, ).
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Filing 35
Motion to appear Pro Hac Vice by Richard Brian Katskee and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-7520291. by Americans United for Separation of Church & State. (Glasberg, Victor) Modified text on 12/1/2020 to correct filer per counsel (klau, ).
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Filing 34
ORDER granting #24 MOTION OF AMICI CURIAE FOR LEA VE TO FILE BRIEF INSUPPORT OF DEFENDANT. Signed by District Judge Claude M. Hilton on 11/30/2020. (dvanm, )
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Filing 33
ORDER granting #29 Consent MOTION for Leave to File Amicus Brief. Signed by District Judge Claude M. Hilton on 11/30/2020. (dvanm, )
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Filing 32
ORDER granting #26 Motion for Pro hac vice as to Lindsey Kaley. Signed by District Judge Claude M. Hilton on 11/30/2020. (dvanm, )
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| Filing 31 NOTICE by American Civil Liberties Union, American Civil Liberties Union of Virginia re #24 MOTION for Leave to File Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Virginia in Support of Defendants Waiver of Oral Argument (Tortoriello, Nicole) |
| Notice of Correction re #24 MOTION for Leave to File Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Virginia in Support of Defendants. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, ) |
| Filing 30 NOTICE by Americans United for Separation of Church & State re #29 Consent MOTION for Leave to File Amicus Brief WAIVER OF HEARING (Glasberg, Victor) |
| Filing 29 Consent MOTION for Leave to File Amicus Brief by Americans United for Separation of Church & State. (Attachments: #1 Supplement Proposed amicus brief, #2 Proposed Order, #3 Supplement Financial disclosure statement)(Glasberg, Victor) |
| Filing 28 NOTICE of Appearance by Eden Brooke Heilman on behalf of American Civil Liberties Union of Virginia (Heilman, Eden) |
| Filing 27 Financial Interest Disclosure Statement (Local Rule 7.1) by American Civil Liberties Union, American Civil Liberties Union of Virginia. (Tortoriello, Nicole) |
| Filing 26 Motion to appear Pro Hac Vice by Lindsey Kaley and Certification of Local Counsel Nicole Tortoriello Filing fee $ 75, receipt number 0422-7511004. by American Civil Liberties Union, American Civil Liberties Union of Virginia. (Tortoriello, Nicole) |
| Filing 25 NOTICE of Appearance by Nicole Gloria Tortoriello on behalf of American Civil Liberties Union, American Civil Liberties Union of Virginia (Tortoriello, Nicole) |
| Filing 24 MOTION for Leave to File Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Virginia in Support of Defendants by American Civil Liberties Union of Virginia, American Civil Liberties Union. (Attachments: #1 Proposed Order, #2 Proposed Amicus Brief)(Tortoriello, Nicole) |
| Set Deadlines as to #21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 1/15/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, ) |
| Filing 23 Notice of Hearing Date re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Samuels, Jessica) |
| Filing 22 Memorandum in Support re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Mark R. Herring, R. Thomas Payne, II. (Attachments: #1 Exhibit A - Siddiqui Declaration)(Samuels, Jessica) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Mark R. Herring, R. Thomas Payne, II. (Samuels, Jessica) |
| Filing 20 Memorandum in Opposition re #2 MOTION for Preliminary Injunction filed by Mark R. Herring, R. Thomas Payne, II. (Attachments: #1 Exhibit A - Siddiqui Declaration)(Samuels, Jessica) |
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Filing 19
ORDER granting #18 Motion to Set Combined Briefing Schedule and Consolidated Hearing. Signed by District Judge Claude M. Hilton on 10/9/2020. (see order for details) (dvanm, )
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| Set Deadlines as to #2 MOTION for Preliminary Injunction . Motion Hearing set for 1/15/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (motion to dismiss forthcoming but to be heard at same time) (dvanm, ) |
| Filing 18 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, #2 MOTION for Preliminary Injunction and to Set Combined Briefing Schedule and Consolidated Hearing by Mark R. Herring, R. Thomas Payne, II. (Attachments: #1 Proposed Order)(Samuels, Jessica) |
| Filing 17 NOTICE of Appearance by Martine Elizabeth Cicconi on behalf of Mark R. Herring, R. Thomas Payne, II (Cicconi, Martine) |
| Filing 16 NOTICE of Appearance by Jessica Merry Samuels on behalf of Mark R. Herring, R. Thomas Payne, II (Samuels, Jessica) |
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Filing 15
ORDER granting #9 Motion for Pro hac vice as to David Andrew Cortman. Signed by District Judge Claude M. Hilton on 10/2/2020. (dvanm, )
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Filing 14
ORDER granting #11 Motion for Pro hac vice as to Johannes Sten Widmalm-Delphonse. Signed by District Judge Claude M. Hilton on 10/2/2020. (dvanm, )
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Filing 13
ORDER granting #10 Motion for Pro hac vice as to Jonathan Andrew Scruggs. Signed by District Judge Claude M. Hilton on 10/2/2020. (dvanm, )
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| Filing 12 Summons Issued as to Mark R. Herring, R. Thomas Payne, II. 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)(dvanm, ) |
| Notice of Correction re #2 MOTION for Preliminary Injunction. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, ) |
| Notice of Correction re attachment to Civil Cover Sheet for #1 Complaint. The filing user has been notified that each attorney listed on the attachment must file their individual Notice of Appearance, using their CM/ECF credentials. (dvanm, ) |
| Case Reassigned to District Judge Claude M. Hilton. District Judge T. S. Ellis, III no longer assigned to the case. (aott, ) |
| Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge John F. Anderson. (dvanm, ) |
| Filing 11 Motion to appear Pro Hac Vice by Johannes Sten Widmalm-Delphonse and Certification of Local Counsel C. Douglas Welty Filing fee $ 75, receipt number 0422-7420587. by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) |
| Filing 10 Motion to appear Pro Hac Vice by Jonathan Andrew Scruggs and Certification of Local Counsel C. Douglas Welty Filing fee $ 75, receipt number 0422-7420586. by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) |
| Filing 9 Motion to appear Pro Hac Vice by David Andrew Cortman and Certification of Local Counsel C. Douglas Welty Filing fee $ 75, receipt number 0422-7420585. by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) |
| Filing 8 Proposed Summons re #1 Complaint, to R. Thomas Payne II by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) |
| Filing 7 Proposed Summons re #1 Complaint, to Mark R. Herring by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) |
| Filing 6 Memorandum in Support re #2 MOTION for Preliminary Injunction filed by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) |
| Filing 5 AFFIDAVIT in Support re #2 MOTION for Preliminary Injunction Declaration of Robert Updegrove filed by Loudoun Multi-Images LLC, Robert Updegrove. (Welty, Charles) |
| Filing 4 NOTICE by Loudoun Multi-Images LLC, Robert Updegrove re #2 MOTION for Preliminary Injunction Appendix Parts 4 and 5 (Attachments: #1 Appendix Appendix Part 4, #2 Appendix Appendix Part 5)(Welty, Charles) |
| Filing 3 NOTICE by Loudoun Multi-Images LLC, Robert Updegrove re #2 MOTION for Preliminary Injunction Appendix Parts 1 through 3 (Attachments: #1 Appendix Appendix Part 1, #2 Appendix Appendix Part 2, #3 Appendix Appendix Part 3)(Welty, Charles) |
| Filing 2 MOTION for Preliminary Injunction by Loudoun Multi-Images LLC, Robert Updegrove. (Attachments: #1 Appendix Table of Contents for Linked Appendix Docs)(Welty, Charles) |
| Filing 1 Complaint , Verified ( Filing fee $ 400, receipt number 0422-7420538.), filed by Robert Updegrove, Loudoun Multi-Images LLC. (Attachments: #1 Exhibit Exhibit 1 - Editorial policy, #2 Exhibit Exhibit 2 - Chilled statement, #3 Civil Cover Sheet Civil Cover Sheet, #4 Civil Cover Sheet Civ Cover Attachment - Attorneys of Record, #5 Corporate Disclosure Stmt)(Welty, Charles) |
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