Northern Virginia Citizens Association, Inc. v. Federal Highway Administration et al
| Northern Virginia Citizens Association, Inc. |
| Federal Highway Administration, Virginia Department of Transportation, W. Sheppard Miller, Transurban and Capital Beltway Express LLC |
| 1:2023cv00356 |
| March 16, 2023 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Ivan D Davis |
| Environmental Matters |
| 42 U.S.C. § 4332 National Environmental Policy Act |
| None |
Docket Report
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This docket was last retrieved on May 12, 2023. A more recent docket listing may be available from PACER.
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Filing 43
So Ordered re #42 Notice of Voluntary Dismissal Without Prejudice filed by Northern Virginia Citizens Association, Inc. Signed by District Judge Anthony J Trenga on 5/12/2023. (swil)
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| Filing 42 NOTICE of Voluntary Dismissal by Northern Virginia Citizens Association, Inc. (Rowley, John) |
| Filing 41 TRANSCRIPT of preliminary injunction held on 4-7-23, before Judge Leonie M. Brinkema, Court Reporter Stephanie Austin, Telephone number 571-298-1649. NOTICE RE REDACTION OF TRANSCRIPTS: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 Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/10/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 7/10/2023.(Austin, Stephanie) |
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Filing 40
ORDER denying #13 Motion for Preliminary Injunction (see order for details). Signed by District Judge Leonie M. Brinkema on 4/7/23. (yguy)
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| Filing 39 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 4/7/2023. Appearances of counsel. Pltf #13 MOTION for Preliminary Injunction is argued and DENIED. (order to follow) (Court Reporter S. Austin.)(yguy) |
| Filing 38 REPLY to Response to Motion re #13 MOTION for Preliminary Injunction filed by Northern Virginia Citizens Association, Inc.. (Attachments: #1 Affidavit Declaration of Claudia O'Brien, #2 Exhibit Attachment A to O'Brien Decl., #3 Exhibit Attachment B to O'Brien Decl., #4 Exhibit Attachment C to O'Brien Decl., #5 Affidavit Declaration of L. Mei-Mei Watts-Venners, #6 Exhibit Attachment - Watts-Venners Decl.)(Rowley, John) |
| Filing 37 Opposition to #13 MOTION for Preliminary Injunction filed by Capital Beltway Express LLC. (Attachments: #1 Declaration of Amanda Baxter (with Ex. A thereto), #2 Declaration of Victoria Jones, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11)(Connally, Nathaniel) |
| Filing 36 Memorandum in Opposition re #13 MOTION for Preliminary Injunction filed by W. Sheppard Miller, Virginia Department of Transportation. (Attachments: #1 Affidavit Declaration of Susan N. Shaw, #2 Affidavit Declaration of Michelle Tontimonia (Holland), #3 Affidavit Declaration of Scott Smizik, #4 Affidavit Declaration of John Muse)(Khattar, Emile) |
| Filing 35 Opposition to #13 MOTION for Preliminary Injunction filed by Federal Highway Administration. (Attachments: #1 Nelson Decl. & Exs. 1-3, #2 Exs. 4-15 to Nelson Decl., #3 Exs. B-G)(Wesnousky, Carolyn) |
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Filing 34
ORDER granting #33 Motion for Pro hac vice Appointed James T. Banks for Capital Beltway Express LLC. Signed by District Judge Leonie M. Brinkema on 4/5/2023. (swil)
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| Filing 33 Motion to appear Pro Hac Vice by James T. Banks and Certification of Local Counsel Jon M. Talotta Filing fee $ 75, receipt number AVAEDC-8877629. by Capital Beltway Express LLC. (Talotta, Jon) |
| Filing 32 TRANSCRIPT of telephonic hearing held on 4-3-23, before Judge Leonie M. Brinkema, Court Reporter Stephanie Austin, Telephone number 571-298-1649. NOTICE RE REDACTION OF TRANSCRIPTS: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 Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/4/2023. Redacted Transcript Deadline set for 6/5/2023. Release of Transcript Restriction set for 7/3/2023.(Austin, Stephanie) |
| Filing 31 NOTICE of Appearance by Chandra Dore Lantz on behalf of W. Sheppard Miller, Virginia Department of Transportation (Lantz, Chandra) |
| Filing 30 NOTICE by Capital Beltway Express LLC of Electronic Filing Error Regarding ECF Nos. #18 and #19 (Talotta, Jon) |
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Filing 29
ORDERED that a hearing on Plaintiff's Motion for Preliminary Injunction #13 be and is SCHEDULED for Friday, April 7, 2023 at 10:00 am; and it is further ORDERED that defendants file any response to Plaintiff's Motion for Preliminary Injunction by noon on Thursday, April 6, 2023. Signed by District Judge Leonie M. Brinkema on 4/3/2023. (tran)
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| Filing 28 Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 4/3/2023 (Telephonically) re #15 MOTION to Expedite Hearing filed by Northern Virginia Citizens Association, Inc. John Rowley, III appeared on behalf of the plaintiff.Carolyn Wesnousky appeared on behalf of Federal Highway Administration.Chandra Lantz appeared on behalf of Virginia Department of Transportation.Jon Talotta appeared on behalf of Transurban and Capital Beltway Express LLC.Matter argued. #15 MOTION to Expedite Hearing - GRANTED. Defendants to submit briefs by noon on Thursday, April 6, 2023. Motion Hearing on #13 MOTION for Preliminary Injunction set for 4/7/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Court Reporter: S. Austin(tran) (Main Document 28 replaced on 4/3/2023) (tran, ). |
| Filing 27 Opposition to #15 MOTION to Expedite Hearing filed by Federal Highway Administration. (Attachments: #1 Exhibit)(Wesnousky, Carolyn) |
| Filing 26 NOTICE of Appearance by Carolyn M. Wesnousky on behalf of Federal Highway Administration (Wesnousky, Carolyn) |
| Filing 25 REPLY to Response to Motion re #15 MOTION to Expedite Hearing filed by Northern Virginia Citizens Association, Inc.. (Attachments: #1 Exhibit Project Update - March 31, 2023 - Attachment A)(Rowley, John) |
| Set Deadlines as to #15 MOTION to Expedite Hearing. Motion Hearing set for 4/3/2023 at 12:00 PM in Alexandria Telephonically before District Judge Leonie M. Brinkema. (tran) |
| Set Deadline as to #15 MOTION to Expedite Hearing, #13 MOTION for Preliminary Injunction. Motion Hearing set for 4/7/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, ) |
| Filing 24 Opposition to #15 MOTION to Expedite Hearing filed by Virginia Department of Transportation. (Attachments: #1 Exhibit 5/20/19 Public Info Meeting Design Boards, #2 Exhibit 2/21/20 Public Hearing Plans_Sheet No. 12RW, #3 Exhibit 10/5/20,10/8/20 Public Hearing Design Boards, #4 Exhibit 3/31/22 Concept Maps, #5 Exhibit 3/18/22 Project Update Issue 4, #6 Exhibit 10/31/22 Notice to Live Oak Residents, #7 Exhibit 10/31/22 Project Update Issue 10, #8 Exhibit 1/30/23 Notice to Live Oak Residents, #9 Exhibit 5/26/22 Live Oak Drive Community Meeting)(Khattar, Emile) |
| Filing 23 Opposition to #15 MOTION to Expedite Hearing filed by Capital Beltway Express LLC. (Attachments: #1 Exhibit 1 - Email Chain between Counsel, #2 Exhibit 2 - 1.30.2023 Project Flyer, #3 Exhibit 3 - Chart Exhibit)(Talotta, Jon) |
| Filing 22 Financial Interest Disclosure Statement (Local Rule 7.1) by Capital Beltway Express LLC. (Talotta, Jon) |
| Filing 21 NOTICE of Appearance by Jon Myer Talotta on behalf of Capital Beltway Express LLC (Talotta, Jon) |
| Filing 20 NOTICE of Appearance by Nathaniel Thomas Connally, III on behalf of Capital Beltway Express LLC (Connally, Nathaniel) |
| Filing 19 [STRICKEN per NN in LMB chmabers]NOTICE of Appearance by Jon Myer Talotta on behalf of Transurban (Talotta, Jon) Modified on 4/4/2023 (swil). |
| Filing 18 [STRICKEN per NN in LMB chmabers] NOTICE of Appearance by Nathaniel Thomas Connally, III on behalf of Transurban (Connally, Nathaniel) Modified on 4/4/2023 (swil). |
| Filing 17 Notice of Motion Hearing re #13 MOTION for Preliminary Injunction , #15 MOTION to Expedite Hearing on April 7, 2023 by Northern Virginia Citizens Association, Inc. (Rowley, John) Modified on 4/3/2023 to correct docket text (wgar, ). |
| Filing 16 Memorandum in Support re #15 MOTION to Expedite Hearing on April 7, 2023 filed by Northern Virginia Citizens Association, Inc.. (Attachments: #1 Proposed Order)(Rowley, John) |
| Filing 15 MOTION to Expedite Hearing by Northern Virginia Citizens Association, Inc.. (Rowley, John) |
| Filing 14 Memorandum in Support re #13 MOTION for Preliminary Injunction filed by Northern Virginia Citizens Association, Inc.. (Attachments: #1 Exhibit Zhou Decl., #2 Exhibit Churchill Decl., #3 Exhibit I-495 Project Update, #4 Proposed Order)(Rowley, John) |
| Filing 13 MOTION for Preliminary Injunction by Northern Virginia Citizens Association, Inc.. (Rowley, John) |
| Filing 12 NOTICE of Appearance by Emile Pierre Khattar on behalf of W. Sheppard Miller, Virginia Department of Transportation (Khattar, Emile) |
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Filing 11
ORDERED that1. The Motion is GRANTED; and2. The time for the Commonwealth Defendants and for the CBE to respond to the Complaint is extended to May 16, 2023 in re #10 First MOTION for Extension of Time to File Answer Complaint. Signed by District Judge Leonie M. Brinkema on 3/30/2023. (swil)
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| Filing 10 First MOTION for Extension of Time to File Answer Complaint by W. Sheppard Miller, Virginia Department of Transportation. (Attachments: #1 Proposed Order)(Khattar, Emile) |
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Filing 9
ORDER granting #6 Motion for Pro hac vice Appointed John Andrew Sheehan for Northern Virginia Citizens Association, Inc. Signed by District Judge Leonie M. Brinkema on 3/17/2023. (swil)
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Filing 8
ORDER granting #5 Motion for Pro hac vice Appointed Edwin Donald Elliot, Jr for Northern Virginia Citizens Association, Inc. Signed by District Judge Leonie M. Brinkema on 3/17/2023. (swil)
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| Filing 7 Summons Issued as to Capital Beltway Express LLC, Federal Highway Administration, W. Sheppard Miller, Transurban, Virginia Department of Transportation, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: #1 Summons Notice)(swil) |
| Filing 6 Motion to appear Pro Hac Vice by John Andrew Sheehan and Certification of Local Counsel John P Rowley III Filing fee $ 75, receipt number AVAEDC-8848745. by Northern Virginia Citizens Association, Inc.. (Rowley, John) |
| Filing 5 Motion to appear Pro Hac Vice by Edwin Donald Elliott Jr. and Certification of Local Counsel John P Rowley III Filing fee $ 75, receipt number AVAEDC-8848733. by Northern Virginia Citizens Association, Inc.. (Rowley, John) |
| Filing 4 Financial Interest Disclosure Statement (Local Rule 7.1) by Northern Virginia Citizens Association, Inc.. (Rowley, John) |
| Filing 3 Declaration of Humair & Gomar Quershi by Northern Virginia Citizens Association, Inc.. (Rowley, John) |
| Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (swil) |
| Filing 2 Proposed Summons by Northern Virginia Citizens Association, Inc.. (Attachments: #1 Exhibit Summons to FHWA, #2 Exhibit Summons to FHWA (AttyGen), #3 Exhibit Summons to FHWA (USAO), #4 Exhibit Summons to Transurban, #5 Exhibit Summons to VDOT, #6 Exhibit Summons to W. Sheppard Miller III (Secretary of VDOT), #7 Exhibit Summons to Capital Beltway Express LLC)(Rowley, John) |
| Filing 1 Complaint for Declaratory and Injunctive Relief ( Filing fee $ 402, receipt number AVAEDC-8848110.), filed by Northern Virginia Citizens Association, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Decl. of Pritesh Patel, #3 Exhibit Decl. of Sivakumar Venuri, #4 Exhibit Decl. of Stephen Jasak, #5 Exhibit Decl. of Rahul Ravi, #6 Exhibit Decl. of Debra Butler, #7 Exhibit Financial Disclosure Form)(Rowley, John) |
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