Goldman v. Beals et al
| Paul Goldman |
| Susan Beals, John O'Bannon, Rosalyn Dance, Georgia Alvis-Long, Donald Merricks and Matthew Weinstein |
| 3:2023cv00590 |
| September 14, 2023 |
| US District Court for the Eastern District of Virginia |
| M Hannah Lauck |
| Constitutional - State Statute |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 27
FINAL ORDER that the Court DENIES AS MOOT Mr. Goldman's constitutional challenges to Virginia Code 24.2-405(A), and the case is DISMISSED. Mr. Goldman's Motion for a Temporary Restraining Order, (ECF No. #11 ), and Defendants' Motion to Dismiss, (ECF No. #6 ), are DENIED AS MOOT. The Court does not grant leave to amend, rendering this order final and appealable. Mr. Goldman is advised that he has the right to appeal the decision of the Court. Should he wish to do so, written notice of appeal must be filed with the Clerk of the Court within thirty (30) days of the date of entry hereof. Failure to file a written notice of appeal may result in the loss of the right to appeal. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 11/9/2023. Copy of Order mailed to Mr. Goldman's address of record and e-mailed as directed. (jenjones, )
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| Filing 26 Response to the Court Order filed by Paul Goldman. (jenjones, ) |
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Filing 25
ORDER - This matter comes before the Court on Defendants' Notice Pursuant to Court Order (the "Notice"). (ECF No. #24 .) In the Notice, Defendants state that they have "drafted and circulated a settlement agreement", and Plaintiff Paul Goldman has "indicated that he needs additional time to consider the terms of Defendants' proposed settlement agreement." (ECF 24, at 1.) To date, Mr. Goldman has not responded to the Notice. While the Court is supportive of any efforts toward settlement, it requires a response to the Notice from Mr. Goldman. The Court hereby ORDERS Mr. Goldman to file a response to the Notice and to provide an update to the Court regarding the Parties' progress towards settlement by close of business on November 3, 2023. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 11/2/2023. Copy of order mailed to Mr. Goldman's address of record as directed. Copy of order sent via e-mail to Mr. Goldman and counsel of record as directed. (jpow, )
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| Filing 24 NOTICE by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein (Myers, Elizabeth) |
| Filing 23 NOTICE by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein (Attachments: #1 Exhibit Declaration of Susan Beals)(Andrews, Travis) |
| Filing 22 NOTICE by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein (Myers, Elizabeth) |
| Filing 21 NOTICE by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein Joint Notice (Myers, Elizabeth) |
| Filing 20 NOTICE by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein Joint Notice (Myers, Elizabeth) |
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Filing 19
ORDER - On October 20, 2023, the Court held a hearing in this matter on Plaintiffs Motion for a Hearing on Plaintiffs Request for a Preliminary Injunction, (ECF No. #5 ), Defendants' Motion to Dismiss for Failure to State a Claim with Roseboro, (ECF No. #6 ), and Plaintiff's Motion for Temporary Restraining Order, (ECF No. #11 ). As articulated during the hearing, and for the reasons stated from the bench, the Court makes the following rulings: For the reasons stated from the bench, the Court ORDERS immediate release of the lists of persons who voted, under Virginia Code 24.2-406(A), for the Election years 2021, 2022, and beyond to Plaintiff. The Defendants are to note on the record when Plaintiff will receive the lists. For the reasons stated from the bench, Virginia Code 24.2-407 shall apply to the exchange of information pursuant to Virginia Code 24.2-406(A). The parties shall meet and confer to determine whether a compromise can be reached regarding information sought by Plaintiff under Virginia Code 24.2-405(A). The parties will notify the Court by 5:00 p.m. Monday, October 23, 2023 if they are able to resolve the remaining issues without further intervention by this Court. The Court denies Plaintiffs Motion for a Hearing on Plaintiffs Request for a Preliminary Injunction, (ECF No. #5 ), as MOOT. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 10/20/2023. Copy of order mailed and emailed to pro se plaintiff. (jpow, )
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| Filing 18 NOTICE Pursuant to Order at Motions Proceedings by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein (Myers, Elizabeth) |
| Filing 17 Minute Entry for proceedings held before District Judge M. Hannah Lauck:Motion Hearing held on 10/20/2023. ARGUMENTS HEARD FROM PLAINTIFF AND DEFENSE. PLAINTIFFS EXHIBIT A: 2012 IMPACT STATEMENT ADMITTED AS EVIDENCE. PLAINTIFF AND DEFENSE CONFERRED DURING RECESS. PLAINTIFF AND DEFENSE AGREE TO MEET AFTER COURT AT THE OAG TO EXPEDITE A REQUEST OF THE VOTER LISTS UNDER 406. THE COURT ORDERS IMMEDIATE RELEASE OF THE LISTS UNDER 406, STARTING WITH ELECTION YEAR 2021, 2022, AND BEYOND IF POSSIBLE, AND SHALL NOT GO BEYOND 10/21/2023, THE DEFENSE IS TO NOTE ON THE RECORD WHEN PLAINTIFF WILL RECEIVE THE LISTS. UPON RECEIVING THE LISTS, THE COURT APPLIES STATUTE 407 FOR PLAINTIFF TO SIGN THE REQUIRED FORM. PARTIES ARE TO NOTIFY THE COURT IF AN AGREEMENT IS REACHED AS TO STATUTE 405. THE COURT HOLDS IN ABEYANCE UNTIL MONDAY, 10/23/2023, THE ISSUES REGARDING ISSUES ARE COVERED UNDER 405 AND THE COURT WILL ISSUE A RULING EARLY NEXT WEEK ON THE 405 ISSUES. THE COURT TAKES THE MOTION TO DISMISS (ECF 6) AND MOTION FOR TRO (ECF 11) ARE UNDER ADVISEMENT. THE COURT DENIES AS MOOT THE MOTION FOR A HEARING ON PLAINTIFFS REQUEST FOR PRELIM. INJUNCTION (ECF 5). (Court Reporter Ruth Levy, OCR.)(jpow, ) (Additional attachment(s) added on 10/23/2023: #1 Plaintiff's Exhibit A - Department of Planning and Budget 2012 Fiscal Impact Statement) (jpow, ). |
| Filing 16 Reply in Support of Motions per Court Order filed by Paul Goldman. (Attachments: #1 Local Rule 83.1 Certification)(jenjones, ) |
| Filing 15 REPLY to Response to Motion re #6 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein. (Attachments: #1 Affidavit Declaration of Susan Beals)(Andrews, Travis) |
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Filing 14
ORDER - Mr. Goldman to file his replies, if any, in further support of the Preliminary Injunction Motion or the TRO Motion by October 18, 2023. The Court SCHEDULES a hearing on October 20, 2023, at 2:00 p.m. regarding the Pending Motions. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 10/16/2023. Copy of Order mailed to Mr. Goldman as directed. (jenjones, )
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| Set/Reset Motions Hearing as to #11 MOTION for Temporary Restraining Order, #6 MOTION to Dismiss for Failure to State a Claim with Roseboro, #5 MOTION for Hearing set for 10/20/2023 at 02:00 PM in Richmond Courtroom 6100 before District Judge M. Hannah Lauck. (jpow, ) |
| Filing 13 Supplemental Brief filed by Paul Goldman. (adun, ) |
| Filing 12 Memorandum in Opposition re #11 MOTION for Temporary Restraining Order filed by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein. (Andrews, Travis) |
| Filing 11 MOTION for Temporary Restraining Order by Paul Goldman. (Attachments: #1 Local Rule 83.1)(adun, ) |
| Filing 10 Response to Defendants' Motion to Dismiss filed by Paul Goldman. (Attachments: #1 Affidavit, #2 Local Rule 83.1)(adun, ) |
| Filing 9 Memorandum in Opposition re #5 MOTION for Hearing filed by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein. (Andrews, Travis) |
| Filing 8 Mail Returned as Undeliverable sent to Paul Goldman. Clerk re-mailed to Post Office Box address. (jenjones, ) |
| Filing 7 Memorandum in Support re #6 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein. (Attachments: #1 Exhibit Declaration of Tammy Alexander)(Andrews, Travis) |
| Filing 6 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein. (Andrews, Travis) |
| Filing 5 MOTION for a Hearing on Plaintiff's Request for a Preliminary Injunction by Paul Goldman. (jenjones, ) |
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Filing 4
ORDER that this matter comes before the Court sua sponte. Rule 7(E) of the Local Civil Rules for the United States District Court for the Eastern District of Virginia shall not apply to this action. Any party desiring a hearing on a dispositive motion shall file a motion requesting a hearing when the motion is filed. The Court will determine whether a hearing is necessary. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 9/18/2023. Copy of Order mailed to Plaintiff as directed. (jenjones, )
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| Filing 3 NOTICE of Appearance by Elizabeth Bushnell Myers on behalf of Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein (Myers, Elizabeth) |
| Case Assigned to District Judge M. Hannah Lauck. (jenjones, ) |
| Filing 2 Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-9125203.), filed by Donald Merricks, Rosalyn Dance, John O'Bannon, Matthew Weinstein, Susan Beals, Georgia Alvis-Long. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Summons, #3 Exhibit Complaint, #4 Exhibit Answer, #5 Exhibit Motion for Hearing)(Andrews, Travis) |
| Filing 1 NOTICE of Appearance by Travis S. Andrews on behalf of Georgia Alvis-Long, Susan Beals, Rosalyn Dance, Donald Merricks, John O'Bannon, Matthew Weinstein (Andrews, Travis) |
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