Defend Arlington et al v. United States Department Of Defense et al
| Defend Arlington and Save Southern Heritage Florida |
| United States Department Of Defense and Secretary Of Defense |
| 1:2023cv01730 |
| December 17, 2023 |
| US District Court for the Eastern District of Virginia |
| Rossie D Alston |
| John F Anderson |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0706 Judicial Review of Agency Action |
| None |
Docket Report
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This docket was last retrieved on January 17, 2024. A more recent docket listing may be available from PACER.
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Filing 19
ORDERED that Plaintiff's Complaint is DISMISSED without prejudice in re #18 Notice of Voluntary Dismissal filed by Save Southern Heritage Florida, Defend Arlington. Signed by District Judge Rossie D. Alston, Jr on 1/17/2024. (swil)
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Filing 18
NOTICE of Voluntary Dismissal by Defend Arlington, Save Southern Heritage Florida (Rowley, John)
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Notice of Correction re #17 Notice of Voluntary Dismissal. Thank you for your recent electronic filing with the Eastern District of Virginia. Unfortunately, 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. (Dest)
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Filing 17
NOTICE of Voluntary Dismissal by Defend Arlington, Save Southern Heritage Florida (Morse, Adriaen)
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Filing 16
TRANSCRIPT of Motion proceedings held on 12/19/2023, before Judge R. Alston, Court Reporter/Transcriber Tonia Harris, Telephone number 703-646-1438. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 1/22/2024. Redacted Transcript Deadline set for 2/22/2024. Release of Transcript Restriction set for 3/22/2024.(harris, tonia)
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Filing 15
ORDER granting #10 Motion for Pro hac vice Appointed Karen Crass Bennett for Defend Arlington,Karen Crass Bennett for Save Southern Heritage Florida. Signed by District Judge Rossie D. Alston, Jr on 12/19/2023. (swil)
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Filing 14
MEMORANDUM OPINION AND ORDER that Plaintiffs' Motion for a Preliminary Injunction is DENIED; and it is FURTHER ORDERED that the Motion to Vacate (Dkt. 9) is GRANTED; and it is FURTHER ORDERED that the Order Granting the Motion for a Temporary Restraining Order (Dkt. 6) is VACATED and that Defendants are no longer enjoined from proceeding with removal of the Memorial; and it is FURTHER ORDERED that, on or before January 12, 2024, the parties should submit briefing regarding how this case should proceed given the Court's rulings in this Memorandum Opinion and Order and whether, given this ruling, the case is now rendered moot. Signed by District Judge Rossie D. Alston, Jr. on 12/19/2023. (jlan)
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Filing 13
Documents Received from Plaintiff at 12/19/2023 Hearing (tarm)
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Filing 12
Minute Entry for proceedings held before District Judge Rossie D. Alston, Jr: Motion Hearing held on 12/19/2023. Appearance of counsel. Matter on for Plaintiffs' #2 Emergency Motion for a Temporary Restraining Order; Defendants #9 Emergency Motion to Vacate Order Granting Temporary Restraining Order. Photos submitted by Plaintiffs to be made a part of the record.Motions argued and taken under advisement. (Court Reporter: T. Harris)(tarm)
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Filing 11
Memorandum in Opposition re #2 Emergency MOTION for Temporary Restraining Order filed by Secretary Of Defense, United States Department Of Defense. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Levenson, Rebecca)
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Filing 10
Emergency Motion to appear Pro Hac Vice by Karen Crass Bennett and Certification of Local Counsel John Patrick Rowley III Filing fee $ 75, receipt number AVAEDC-9272776. by Defend Arlington, Save Southern Heritage Florida. (Rowley, John)
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Filing 9
MOTION to Vacate #6 Order,,,, by Secretary Of Defense, United States Department Of Defense. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Levenson, Rebecca)
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Filing 8
ORDER that the Defendants' #7 Emergency Motion to Advance the Hearing Date on Pltfs' Motion for Preliminary Injuntion is GRANTED; and it is FURTHER ORDERED that the hearing on Plaintiffs' Emergency Motion for a Temporary Restraining Order is reset from Wednesday, December 20, 2023 at 10:00 a.m. to Tuesday, December 19, 2023 at 11:00 a.m.; Motion Hearing reset for 12/19/2023 at 11:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. Signed by District Judge Rossie D. Alston, Jr on 12/18/23. (tarm)
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Filing 7
Emergency MOTION to Advance the Hearing Set for Wednesday, December 20 by Secretary Of Defense, United States Department Of Defense. (Attachments: #1 Proposed Order)(Levenson, Rebecca)
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Filing 6
ORDER that Plaintiffs' Motion for a Temporary Injunction #2 is GRANTED; and it is FURTHER ORDERED that Defendants are TEMPORARILY ENJOINED from taking any acts to deconstruct, tear down, remove, or alter the object of this case the Confederate Reconciliation Memorial at Arlington National Cemetery and the surrounding gravesites pending further action of this Court; and it is FURTHER ORDERED that this injunction is binding on any agency or employee of the United States of America or any contractors, agents, or persons acting on behalf of the United States with respect to the Confederal Reconciliation Memorial at Arlington National Cemetery; FURTHER ORDERED that a hearing is SCHEDULED for Wednesday, December 20, 2023 at 10:00 a.m.; and it is FURTHER ORDERED that the temporary injunction SHALL EXPIRE at 5:00 p.m. on Wednesday, December 20, 2023; and it is FURTHER ORDERED that the parties in this case should come to the hearing prepared to discuss other related cases filed in this District and the District of Columbia. Signed by District Judge Rossie D. Alston, Jr on 12/18/23. (tarm)
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Filing 5
Memorandum in Support re #2 Emergency MOTION for Temporary Restraining Order filed by Defend Arlington, Save Southern Heritage Florida. (Rowley, John)
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Set/Reset Deadlines as to #2 Emergency MOTION for Temporary Restraining Order . Motion Hearing set for 12/20/2023 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (Per RDA's chambers) (tarm)
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Filing 4
Motion to appear Pro Hac Vice by John Andrew Sheehan and Certification of Local Counsel John Patrick Rowley III Filing fee $ 75, receipt number AVAEDC-9270753. by Defend Arlington, Save Southern Heritage Florida. (Rowley, John)
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Filing 3
Declaration re #2 Emergency MOTION for Temporary Restraining Order by Defend Arlington, Save Southern Heritage Florida. (Rowley, John)
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Filing 2
Emergency MOTION for Temporary Restraining Order by Defend Arlington, Save Southern Heritage Florida. (Attachments: #1 Motion for TRO, #2 Proposed Order)(Rowley, John)
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Filing 1
Complaint for Temporary Injunctive Relief ( Filing fee $ 405, receipt number AVAEDC-9270733.), filed by Defend Arlington, Save Southern Heritage Florida. (Attachments: #1 Civil Cover Sheet)(Rowley, John)
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Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge John F. Anderson. (jlan)
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