Ostergren v. McDonnell Featured Case

Plaintiff Betty J. Ostergren challenged a Virginia statute that prohibited individuals from disseminating public records containing Social Security Numbers.

Plaintiff: Betty J. Ostergren
Defendant: Robert F. McDonnell
Case Number: 3:2008cv00362
Filed: June 11, 2008
Court: Virginia Eastern District Court
Office: Civil Rights: Other Office
County: Hanover
Presiding Judge: Robert E. Payne
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Civil Rights Act

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
July 27, 2009 66 Featured Case TRANSCRIPT of proceedings for dates of February 24, 2009, before Judge Robert E. Payne, re 56 Notice of Appeal, 60 Notice of Cross Appeal Court Reporter/Transcriber Peppy Strahan, Telephone number (804) 916-2267. The transcript is a paper document which may be viewed at the Clerk's Office. (one volume, 84 pages placed in brown expandable)(jtho, )
July 27, 2009 65 Featured Case TRANSCRIPT of proceedings for dates of August 14, 2008, before Judge Robert E. Payne, re 56 Notice of Appeal, 60 Notice of Cross Appeal Court Reporter/Transcriber Peppy Strahan, Telephone number (804) 916-2267. The transcript is a paper document which may be viewed at the Clerk's Office. (one volume, 90 pages placed in brown expandable). (jtho, )
July 16, 2009 Featured Case USCA Case Number 09-1796 USCA Case manager Jeff Neal for 60 Notice of Cross Appeal filed by Betty J. Ostergren. (mful, )
July 14, 2009 64 Featured Case ORDER of USCA The Court consolidates Case No. 09-1723 and Case No. 09-1796 as to 56 Notice of Appeal filed by Robert F. McDonnell, 60 Notice of Cross Appeal filed by Betty J. Ostergren (mful, )
July 13, 2009 63 Featured Case AGREED ORDER REGARDING ATTORNEY'S FEES AND COSTS; it is hereby ORDERED that deft shall pay plaintiffs $17,318.86 for plaintiff's attorney's fees and costs to date; this Order shall be stayed pending appeal; if plaintiff is prevailing party, deft shall pay plaintiff's attorney's fees and costs in amount of $17,318.86, plus interest at rate of 0.48% (accruing from date of this Order), within sixty (60) days of final resolution of the case, and plaintiff may petition the Court for additional fees and costs incurred on appeal; (SEE ORDER FOR DETAILS). Signed by District Judge Richard L. Williams on 7/13/09. (jtho, )
July 9, 2009 62 Featured Case USCA Appeal Fees received $ 455.00, receipt number 34683004402 re 60 Notice of Cross Appeal filed by Betty J. Ostergren (cgar)
July 9, 2009 61 Featured Case Transmission of Notice of Cross Appeal to US Court of Appeals re 60 Notice of Cross Appeal (lbre, )
July 8, 2009 60 Featured Case NOTICE OF CROSS APPEAL as to 55 Order,, by Betty J. Ostergren. (Glenberg, Rebecca)
June 30, 2009 59 Featured Case TRANSCRIPT REQUEST by Robert F. McDonnell for proceedings held on 8/14/08 and 2/24/09 before Judge Robert E. Payne, re 56 Notice of Appeal Transcript due by 7/30/2009. (McCullough, Stephen)
June 29, 2009 Featured Case USCA Case Number 09-1723, Case Manager Jeff Neal for 58 Transmission of Notice of Appeal to 4CCA. (jgra, )
June 25, 2009 58 Featured Case Transmission of Interlocutory Notice of Appeal to US Court of Appeals re 56 Notice of Appeal (lbre, )
June 24, 2009 Featured Case Notice of Correction: Defendant counsel Ingold was terminated and McCullough has been correctly listed as lead counsel pursuant to phone call and documents 51, 52, and 54. (cmcc, )
June 24, 2009 57 Featured Case USCA Appeal Fees received $ 455.00 receipt number 34683004206 re 56 Notice of Appeal filed by Robert F. McDonnell (cgar)
June 24, 2009 56 Featured Case NOTICE OF APPEAL by Robert F. McDonnell. (McCullough, Stephen)
June 2, 2009 55 Featured Case ORDER as set forth Memorandum Opinion, it is hereby ORDERED that deft is permanently enjoined from enforcement of Va. Code. Section 59.1-443.2 against any iteration of plaintiff's website, now or in the future, that simply republishes publicly obtainable documents containing unredacted SSNs of Virginia legislators, Virginia Executive Officers or Clerks of Court as part as an effort to reform Virginia law and practice respecting publiction of SSNs online. Signed by District Judge Robert E. Payne on 6/2/09. (jtho, )
June 2, 2009 54 Featured Case ORDER granting 52 Motion to Withdraw as Attorney. Attorney Stephen R. McCullough terminated. Signed by District Judge Robert E. Payne on 6/2/2009. (cgar) Modified on 6/24/2009 to terminate James V. Ingold, Esq. pursuant to Order entered 6/2/2009. Stephen R. McCullough continues as lead counsel pursuant to docket no. 51 (cmcc, ).
June 2, 2009 53 Featured Case MEMORANDUM AND OPINION. Signed by District Judge Robert E. Payne on 6/2/09. (jtho, )
May 27, 2009 52 Featured Case MOTION to Withdraw as Attorney by James V. Ingold as to Robert F. McDonnell. (Ingold, James)
May 14, 2009 51 Featured Case NOTICE of Appearance by Stephen R. McCullough on behalf of Robert F. McDonnell (McCullough, Stephen)
February 26, 2009 50 Featured Case ORDER denying 39 plaintiff's Motion in Limine. Signed by District Judge Robert E. Payne on 2/24/09. (jtho, )
February 24, 2009 49 Featured Case Minute Entry for proceedings held before District Judge Robert E. Payne: Motion Hearing held on 2/24/2009 re 3 MOTION for Preliminary Injunction filed by Betty J. Ostergren. Motion taken under advisement by the Court. (Court Reporter Peppy Strahan, OCR.) (sneal, ) (sneal, ).
February 24, 2009 Featured Case Set/Reset Hearings: Motion Hearing set for 2/24/2009 at 10:30 AM before District Judge Robert E. Payne. (sneal, )
February 24, 2009 Featured Case Set/Reset Deadlines as to Motion Hearing set for 2/24/2009 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
February 23, 2009 48 Featured Case Exhibit List by Robert F. McDonnell.. (Attachments: # 1 Exhibit B, # 2 Exhibit C)(Ingold, James)
February 23, 2009 47 Featured Case Discovery Designation by Robert F. McDonnell. (Attachments: # 1 De bene esse deposition)(Ingold, James)
February 23, 2009 46 Featured Case Exhibit List by Betty J. Ostergren.. (Glenberg, Rebecca)
February 23, 2009 45 Featured Case AFFIDAVIT in Opposition re 39 MOTION in Limine F.R.E. 902(11) Declaration of F.R.E. 803(6) business record filed by Robert F. McDonnell. (Ingold, James)
February 12, 2009 44 Featured Case REPLY to Response to Motion re 39 MOTION in Limine filed by Betty J. Ostergren. (Glenberg, Rebecca)
February 12, 2009 43 Featured Case STIPULATION by Robert F. McDonnell. (Ingold, James)
February 11, 2009 42 Featured Case ORDER GRANTING the 38 CONSENT Motion for Extension of Time to Complete Discovery; the parties shall conclude all depositions by February 19, 2009. Signed by District Judge Robert E. Payne on 2/10/2009. (lhin, )
February 9, 2009 41 Featured Case RESPONSE to Motion re 39 MOTION in Limine filed by Robert F. McDonnell. (Ingold, James)
February 5, 2009 40 Featured Case Memorandum in Support re 39 MOTION in Limine filed by Betty J. Ostergren. (Attachments: # 1 Exhibit)(Glenberg, Rebecca)
February 5, 2009 39 Featured Case MOTION in Limine by Betty J. Ostergren. (Glenberg, Rebecca)
February 2, 2009 38 Featured Case Consent MOTION for Extension of Time to Complete Discovery by Betty J. Ostergren, Robert F. McDonnell. (Attachments: # 1 Proposed Order)(Glenberg, Rebecca)
December 15, 2008 37 Featured Case ORDER granting 36 Consent Motion to govern discovery (See Order for details). Signed by District Judge Robert E. Payne on 12/15/2008. (cgar)
December 12, 2008 36 Featured Case Consent MOTION for Extension of Discovery deadlines by Robert F. McDonnell. (Attachments: # 1 Proposed Order on Discovery deadlines)(Ingold, James)
December 12, 2008 35 Featured Case Consent MOTION for Extension of Discovery deadlines by Robert F. McDonnell. (Attachments: # 1 Proposed Order on Discovery deadlines)(Ingold, James)
November 25, 2008 34 Featured Case ORDER granting 32 Consent Motion for Discovery; denying as moot 33 Motion for Discovery. Signed by District Judge Robert E. Payne on 11/24/08. (jtho, )
November 17, 2008 33 Featured Case Joint MOTION for Discovery Plan Adjustment by Robert F. McDonnell. (Attachments: # 1 Proposed Order)(Ingold, James)
November 17, 2008 32 Featured Case Consent MOTION for Discovery Plan Adjustment by Robert F. McDonnell. (Attachments: # 1 Proposed Order)(Ingold, James)
October 15, 2008 31 Featured Case ORDER that the hearing on the plaintiff's Motion for Permanent Injunction shall be held on 2/24/09 at 9:30 a.m. and will continue on 2/25/09, if required; the Discovery Plan 30 is approved. Signed by District Judge Robert E. Payne on 10/15/08. (jtho, )
October 14, 2008 Featured Case for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 10/14/2008. (sneal, )
October 14, 2008 30 Featured Case JOINT Discovery Plan by Betty J. Ostergren and Robert F. McDonnell.(Glenberg, Rebecca) Modified on 10/15/2008 (cgar).
October 8, 2008 29 Featured Case ORDER parties shall hold a conference call with the Court on Oct. 14, 2008 at 2:00 PM; Parties shall submit to the Court a written discovery plan by Oct. 13, 2008 concerning discovery for an evidentiary hearing on the scope of the injunction to be granted in this case. Signed by District Judge Robert E. Payne on 10/8/2008. (cgar)
October 7, 2008 Featured Case for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 10/7/2008. (sneal, )
October 6, 2008 Featured Case for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 10/6/2008. (sneal, )
September 30, 2008 28 Featured Case TRIAL BRIEF on Injunctive Relief - Reply by Betty J. Ostergren. (Glenberg, Rebecca)
September 22, 2008 27 Featured Case Response to 26 Trial Brief Response Brief filed by Robert F. McDonnell. (Ingold, James)
September 2, 2008 26 Featured Case TRIAL BRIEF on Injunctive Relief by Betty J. Ostergren. (Glenberg, Rebecca)
August 22, 2008 25 Featured Case ORDER: For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that Virginia Code Section 59.1-443.2 is unconstitutional as to the plaintiff's website, www.TheVirginiaWatchdog.com as it existed on the date that this action was filed. It is further ORDERED that, by August 31, 2008, the parties agree upon the form of a limited injunction and submit an order reflecting that agreement, or that, by August 31, 2008, the plaintiff shall file a brief on the propriety and scope of injunctive relief; that, by September 20, 2008, the defendant shall file a brief in response; and that, by September 30, 2008, the plaintiff shall file a reply brief. Signed by District Judge Robert E. Payne on 8/22/2008. (lhin, )
August 22, 2008 24 Featured Case MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 8/22/2008. (lhin, )
August 15, 2008 23 Featured Case Minute Entry for proceedings held before District Judge Robert E. Payne: Parties by counsel. Matter came on for a trial on the merits. No evidence presented, just arguments by counsel. Case taken under advisement by the Court. Bench Trial held on 8/15/2008. (Court Reporter Peppy Strahan, OCR.) (sneal, )
August 5, 2008 22 Featured Case Reply to 21 Response on Standing and Cohen v. Cowles filed by Betty J. Ostergren. (Glenberg, Rebecca)
August 1, 2008 21 Featured Case Response Brief on Standing/Cohen v. Cowles filed by Robert F. McDonnell. (Ingold, James)
July 29, 2008 Featured Case Set/Reset Hearings: Bench Trial set for 8/14/2008 at 01:30 PM before District Judge Robert E. Payne. (sneal, )
July 25, 2008 20 Featured Case TRIAL BRIEF on the Issue of Standing by Betty J. Ostergren. (Glenberg, Rebecca)
July 23, 2008 19 Featured Case ORDER in the briefing to be submitted pursuant to the Ordere entered on 7/17/08, it is hereby ORDERED that in brief to be filed on 8/1/08, deft shall address issues raised in plaintiff's brief...(SEE ORDER FOR DETAILS); it is further ORDERED that plaintiff shall respond to those issues in her brief to be filed on 8/5/08. Signed by District Judge Robert E. Payne on 7/23/08. (jtho, )
July 18, 2008 18 Featured Case TRIAL BRIEF Reply by Betty J. Ostergren. (Glenberg, Rebecca)
July 17, 2008 17 Featured Case ORDER as set forth on telephone conference on 7/17/08; it is ORDERED that plaintiff shall file her opening brief by 7/25/08; deft shall file any response by 8/1/08; and plaintiff shall file any reply by 8/5/08; it is also ORDERED that hearing currently scheduled for 7/24/08 shall be continued to 8/14/08 at 1:30 p.m. Signed by District Judge Robert E. Payne on 7/17/08. (jtho, )
July 16, 2008 Featured Case Notice of Correction to 16 Affidavit in Opposition to Motion; notified filing atty. that on any future filings, the "Affidavit" should be attached as exhibit to pleading with certificate of service and nine element signature block. (jtho, )
July 14, 2008 16 Featured Case AFFIDAVIT in Support of Defendant's 15 Pre-Trial Brief filed by Robert F. McDonnell. (Attachments: # 1 Exhibit Redaction List)(Ingold, James) Modified and corrected docket by clerk on 7/16/2008 (jtho, ).
July 14, 2008 15 Featured Case Rebuttal Brief re 3 MOTION for Preliminary Injunction in Response to Plaintiff's pre-trial brief filed by Robert F. McDonnell. (Ingold, James)
July 7, 2008 14 Featured Case TRIAL BRIEF by Betty J. Ostergren. (Attachments: # 1 Affidavit of Betty J. Ostergren)(Glenberg, Rebecca)
July 7, 2008 13 Featured Case STIPULATION by Betty J. Ostergren. (Glenberg, Rebecca)
July 2, 2008 12 Featured Case TRANSCRIPT of Proceedings (Motions) held on June 30, 2008 before Judge Robert E. Payne. Court Reporter: Diane J. Daffron, RPR. (Pages 1-78) (cgar)
July 1, 2008 11 Featured Case ORDER denying as moot 3 Motion for Preliminary Injunction; denying as moot 2 Motion for TRO ; Pltf file opening brief by July 7, 2008, deft file response by July 14, 2008 and the pltf file reply by July 18, 2008. It is ORDERED that a hearing, if necessary, shall be held on July 24, 2008 at 1:30 PM. Signed by Robert E. Payne on 6/30/2008. (cgar)
June 30, 2008 10 Featured Case Minute Entry for proceedings held before Robert E. Payne: Plaintiff with counsel. Defendant by counsel. Motion Hearing held on 6/30/2008 re 3 MOTION for Preliminary Injunction filed by Betty J. Ostergren. (Court Reporter Diane Daffron, OCR.) (sneal, )
June 25, 2008 9 Featured Case REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Betty J. Ostergren. (Glenberg, Rebecca)
June 23, 2008 8 Featured Case RESPONSE to Motion re 2 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction filed by Robert F. McDonnell. (Ingold, James)
June 16, 2008 7 Featured Case ORDER defendant file a brief in opposition to Plaintiff's Motion for Temporary Restraining Order or Preliminary Injunction; Pltf file reply brief by June 25, 2008; Parties shall appear before the Court on June 30, 2008 at 9:30 for oral argument. Signed by Robert E. Payne on 6/13/2008. (cgar)
June 16, 2008 Featured Case Set/Reset Deadlines as to 2 MOTION for Temporary Restraining Order. Motion Hearing set for 6/30/2008 at 09:30 AM before Robert E. Payne. (sneal, )
June 12, 2008 6 Featured Case SUMMONS Returned Executed as to Robert F. McDonnell served on 6/11/2008, answer due 7/1/2008. (jtho, )
June 11, 2008 5 Featured Case Summons Issued as to Robert F. McDonnell (given to atty. at counter) (jtho, )
June 11, 2008 4 Featured Case Memorandum in Support of 2 MOTION for Temporary Restraining Order or 3 MOTION for Preliminary Injunction filed by Betty J. Ostergren. (jtho, )
June 11, 2008 3 Featured Case MOTION for Preliminary Injunction by Betty J. Ostergren. (jtho, )
June 11, 2008 2 Featured Case MOTION for Temporary Restraining Order by Betty J. Ostergren. (jtho, )
June 11, 2008 1 Featured Case VERIFIED COMPLAINT against Robert F. McDonnell ( Filing fee: $ 350.00; receipt number 300005301), filed by Betty J. Ostergren. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jtho, )

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Plaintiff: Betty J. Ostergren
Represented By: Rebecca Kim Glenberg
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Defendant: Robert F. McDonnell
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