Wolff v. Commonwealth et al
| Virginia Eastern District Court | |
| Judge: | Leonie M Brinkema |
| Referred: | Theresa Carroll Buchanan |
| Case #: | 1:19-cv-00432 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:1331 Fed. Question: Declaratory Judgment |
| Case Filed: | Apr 11, 2019 |
| Terminated: | Nov 06, 2019 |
| Last checked: Tuesday Oct 08, 2019 5:04 AM EDT |
|
Defendant
Commonwealth of Virginia
|
Represented By
|
|
Plaintiff
Wesley Moyer
|
Represented By
|
|
Plaintiff
Jeremiah J. May
|
Represented By
|
|
Plaintiff
Russell Manning
|
Represented By
|
|
Plaintiff
Jim Irre
|
Represented By
|
|
Plaintiff
Patrick J. Hughes
|
Represented By
|
|
Plaintiff
Pat Hughes
|
Represented By
|
|
Plaintiff
Brandon Howard
|
Represented By
|
|
Plaintiff
Jason Glass
|
Represented By
|
|
Plaintiff
Mike Emshwiller
|
Represented By
|
|
Plaintiff
Gwen Anne D'Amico
|
Represented By
|
|
Plaintiff
John Crump
|
Represented By
|
|
Plaintiff
Jim Corrin
|
Represented By
|
|
Plaintiff
Derek Campbell
|
Represented By
|
|
Plaintiff
William K. Brown
|
Represented By
|
|
Plaintiff
Andrew James Austin
|
Represented By
|
|
Plaintiff
Mr. Jon E Wolff
|
Represented By
|
| TERMINATED PARTIES | |
|
Defendant
Fredericksburg City Police Department
Terminated: 04/29/2019
|
|
|
Defendant
Commonwealth Atty of Fredericksburg
Terminated: 04/29/2019
|
|
| Docket last updated: 3 hours ago |
| Wednesday, November 06, 2019 | ||
| 40 | 40
order
Judgment - Clerk
Wed 11/06 11:27 AM
CLERK'S JUDGMENT: Judgment in favor of defendant Commonwealth of Virginia. (yguy) |
|
| 39 | 39
1
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction
Wed 11/06 11:13 AM
ORDER: For the reasons stated in open court, defendant's Motion to Dismiss for Lack of Jurisdiction [Dkt. No. 29] is GRANTED, and it is hereby ORDERED that plaintiffs' Amended Complaint [Dkt. No. 6] be and is DISMISSED WITHOUT PREJUDICE because the Court does not have jurisdiction. Signed by District Judge Leonie M. Brinkema on 11/6/19. (yguy) |
|
| 38 | 38
minutes
Motion Hearing
Wed 11/06 11:11 AM
Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 11/6/2019. Appearances of counsel. Deft's29 MOTION to Dismiss for Lack of Jurisdiction is argued and GRANTED. (order to follow) (Court Reporter A. Thomson.)(yguy) |
|
| Tuesday, November 05, 2019 | ||
| 37 | 37
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply Order on Motion to Continue
Tue 11/05 3:52 PM
Ordered Plaintiff's Motion for Extension of Time in Which to File the Plaintiffs' Memorandum of Law in Opposition to the Defendant's Motion to Dismiss [Dkt. No. 34] is GRANTED and Plaintiff's Motion to Reschedule Hearing Upon Defendant's Motion to Dismiss Under rule 12(b)(1) and 12(b)(6) [Dkt. No. 35] is DENIED as moot; that the hearing will go forward as scheduled on November 6, 2019 at 10:00 a.m. Signed by District Judge Leonie M. Brinkema on 11/05/2019. (choy, ) Modified on 11/5/2019 (choy, ) |
|
| 36 | 36
respm
Response in Support of Motion
Tue 11/05 11:13 AM
RESPONSE in Support re29 MOTION to Dismiss for Lack of Jurisdiction filed by Commonwealth of Virginia. (O'Brien, Blaire) |
|
| Monday, November 04, 2019 | ||
| 35 | 35
motion
Continue
Mon 11/04 8:14 PM
MOTION to Continue hearing from November 6 on Defendants' Motion to Dismiss requested by Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff. (Moseley, Jonathon) |
|
| 34 | 34
motion
Extension of Time to File Response/Reply
Mon 11/04 8:12 PM
MOTION for Extension of Time to File Response/Reply as to Set Motion and R&R Deadlines/Hearings,30 Memorandum in Support of Defendants' Motion to Dismiss requested by Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff. (Moseley, Jonathon) |
|
| 33 | 33
20
pgs
respm
Memorandum in Opposition
Mon 11/04 12:01 PM
Memorandum in Opposition re29 MOTION to Dismiss for Lack of Jurisdiction filed by Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff.(Moseley, Jonathon) |
|
|
Att: 1
Exhibit Fourth Circuit Case Jemsek v. Rhyne
|
||
| 32 | 32
respoth
Opposition
Mon 11/04 9:19 AM
Opposition to29 MOTION to Dismiss for Lack of Jurisdiction ,30 Memorandum in Support filed by Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff. (Moseley, Jonathon) |
|
| Thursday, October 17, 2019 | ||
|
utility
Set Motion and R&R Deadlines/Hearings
Thu 10/17 8:32 AM
Set Deadlines as to29 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 11/6/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) |
||
| Wednesday, October 16, 2019 | ||
| 31 | 31
misc
Notice of Hearing Date
Wed 10/16 4:48 PM
Notice of Hearing Date re29 MOTION to Dismiss for Lack of Jurisdiction (O'Brien, Blaire) |
|
| 30 | 30
7
pgs
respm
Memorandum in Support
Wed 10/16 4:17 PM
Memorandum in Support re29 MOTION to Dismiss for Lack of Jurisdiction filed by Commonwealth of Virginia. (O'Brien, Blaire) |
|
| 29 | 29
motion
Dismiss/Lack of Jurisdiction
Wed 10/16 4:16 PM
MOTION to Dismiss for Lack of Jurisdiction by Commonwealth of Virginia.(O'Brien, Blaire) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, October 15, 2019 | ||
| 28 | 28
2
pgs
order
Order
Tue 10/15 1:31 PM
ORDERED that the default entered on October 7, 2019 [Dkt. No. 23] be and is VACATED; that the hearing on defendant's motions scheduled for October 18, 2019 is CANCELLED; that defendant promptly file its Motion to Dismiss and notice it for Hearing on Wednesday, November 6, 2019 at 10:00 a.m.. Signed by District Judge Leonie M. Brinkema on 10/15/2019. (choy, ) |
|
|
utility
Set Motion and R&R Deadlines/Hearings
Tue 10/15 9:23 AM
Set Deadlines as to25 MOTION to Set Aside Default . Motion Hearing set for 10/18/2019 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (clar, ) |
||
|
utility
Motions Referred
Tue 10/15 9:24 AM
MOTIONS REFERRED to Magistrate Judge: Buchanan.25 MOTION to Set Aside Default (clar, ) |
||
| Friday, October 11, 2019 | ||
| 27 | 27
misc
Notice of Hearing Date
Fri 10/11 3:50 PM
Notice of Hearing Date re26 Memorandum in Support,25 MOTION to Set Aside Default (O'Brien, Blaire) |
|
| 26 | 26
8
pgs
respm
Memorandum in Support
Fri 10/11 3:49 PM
Memorandum in Support re25 MOTION to Set Aside Default filed by Commonwealth of Virginia. (O'Brien, Blaire) |
|
| 25 | 25
motion
Set Aside Default
Fri 10/11 3:49 PM
MOTION to Set Aside Default by Commonwealth of Virginia.(O'Brien, Blaire) |
|
|
Att: 1
Proposed Order
|
||
| Monday, October 07, 2019 | ||
| 24 | 24
notice
Notice of Appearance
Mon 10/07 5:06 PM
NOTICE of Appearance by Blaire Hawkins O'Brien on behalf of Commonwealth of Virginia (O'Brien, Blaire) |
|
| 23 | 23
order
Clerks Entry of Default
Mon 10/07 4:27 PM
Clerk's ENTRY OF DEFAULT as to Commonwealth of Virginia (choy, ) |
|
|
utility
Set Motion and R&R Deadlines/Hearings
Mon 10/07 9:00 AM
Set Deadlines as to20 MOTION for Leave to File Responsive Pleading Out of Time . Motion Hearing set for 10/18/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) |
||
| Friday, October 04, 2019 | ||
| 22 | 22
misc
Notice of Hearing Date
Fri 10/04 6:06 PM
Notice of Hearing Date re20 MOTION for Leave to File Responsive Pleading Out of Time ,21 Memorandum in Support (Ross, Marshall) |
|
| 21 | 21
5
pgs
respm
Memorandum in Support
Fri 10/04 6:04 PM
Memorandum in Support re20 MOTION for Leave to File Responsive Pleading Out of Time filed by Commonwealth of Virginia. (Ross, Marshall) |
|
| 20 | 20
motion
Leave to File Document
Fri 10/04 6:02 PM
MOTION for Leave to File Responsive Pleading Out of Time by Commonwealth of Virginia.(Ross, Marshall) |
|
|
Att: 1
Exhibit Motion to Dismiss,
|
||
|
Att: 2
Exhibit Memorandum in Support Motion to Dismiss,
|
||
|
Att: 3
Proposed Order Granting Leave to File
|
||
| 19 | 19
notice
Notice of Appearance
Fri 10/04 4:43 PM
NOTICE of Appearance by Marshall Howard Ross on behalf of Commonwealth of Virginia (Ross, Marshall) |
|
| 18 | 18
respoth
Response Other
Fri 10/04 4:25 PM
Response to15 Order, to Show Cause as to inactivity filed by Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff. (Moseley, Jonathon) |
|
| Thursday, October 03, 2019 | ||
| 17 | 17
motion
Entry of Default
Thu 10/03 8:01 PM
Request for Entry of Default as to Defendant Commonwealth of Virginia by Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff.(Moseley, Jonathon) |
|
|
Att: 1
Affidavit of Attorney,
|
||
|
Att: 2
Proposed Order
|
||
| 16 | 16
service
Affidavit of Service
Thu 10/03 5:22 PM
AFFIDAVIT of Service for Summons and Amended Complaint -- additional service by process server -- served on Attorney General Mark Herring on August 20, 2019, filed by Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff.(Moseley, Jonathon) |
|
|
Att: 1
Affidavit of Private Process Server
|
||
| Friday, September 27, 2019 | ||
| 15 | 15
1
pgs
order
Order
Fri 09/27 12:05 PM
ORDERED that plaintiffs show cause within seven (7) days why the Commonwealth of Virginia should not be dismissed from this civil action, as it appears plaintiffs are no longer interested in prosecuting their claims against the Commonwealth of Virginia. Signed by District Judge Leonie M. Brinkema on 09/27/2019. (choy, )(Copies mailed to Virginia General on 09/27/2019) |
|
| Thursday, August 29, 2019 | ||
| 14 | 14
2
pgs
order
Order
Thu 08/29 11:08 AM
ORDERED that plaintiffs immediately obtain an entry of default from the Clerk pursuant to Fed. R. Civ. P. 55(a), and it is further ORDERED that promptly after obtaining the entry of default, plaintiffs file a motion fordefault judgment (See Order for Details). Signed by District Judge Leonie M. Brinkema on 8/28/2019. (lcre, )(c/s per ORDER) |
|
| Tuesday, July 30, 2019 | ||
| 13 | 13
service
Affidavit of Service
Tue 07/30 11:51 PM
AFFIDAVIT of Service for Summons and Amended Complaint to Commonwealth of Virginia served on Attorney General Mark Herring on June 24, 2019, filed by Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff. (Moseley, Jonathon) |
|
| Thursday, June 20, 2019 | ||
| 12 | 12
cmp
Amended Complaint
Thu 06/20 3:00 PM
AMENDED COMPLAINT -- SUPPLEMENT REQUESTING ISSUANCE OF SUMMONS against All Defendants, filed by Wesley Moyer, Jason Glass, Derek Campbell, Jon E Wolff, Andrew James Austin, Jeremiah J. May, Brandon Howard, John Crump, Jim Irre, Gwen Anne D'Amico, Pat Hughes, William K. Brown, Patrick J. Hughes, Mike Emshwiller, Jim Corrin, Russell Manning.(Moseley, Jonathon) |
|
|
Att: 1
Supplement Requests for Summons for Service of Defendant,
|
||
|
Att: 2
Supplement Requests for Summons for Service of Defendant
|
||
| 11 | 11
notice
Notice of Appearance
Thu 06/20 2:00 PM
NOTICE of Appearance by Jonathon Alden Moseley on behalf of Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff(Moseley, Jonathon) |
|
|
Att: 1
Supplement Certificate of Service
|
||
| Wednesday, June 19, 2019 | ||
| 10 | 10
service
Summons Issued
Wed 06/19 9:26 AM
Summons Issued as to Commonwealth of Virginia. NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint.(choy, ) |
|
|
Att: 1
Notice to Attorney
|
||
| Tuesday, June 18, 2019 | ||
|
misc
Notice of Correction
Tue 06/18 11:03 AM
Notice of Correction re8 Amended Complaint; Certificate of Service Not Included. (choy, ) |
||
|
misc
Notice of Correction
Tue 06/18 11:06 AM
Notice of Correction re9 Financial Disclosure Statement; Certificate of Service Not Included. (choy, ) |
||
| Monday, June 17, 2019 | ||
| 9 | 9
misc
Financial Disclosure Statement
Mon 06/17 2:43 PM
Financial Interest Disclosure Statement (Local Rule 7.1) by Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff. (Moseley, Jonathon) |
|
| 8 | 8
cmp
Amended Complaint
Mon 06/17 2:28 PM
AMENDED COMPLAINT SUPPLEMENT -- REQUESTING ISSUANCE OF SUMMONS -- against All Defendants, filed by Wesley Moyer, Jason Glass, Derek Campbell, Jon E Wolff, Andrew James Austin, Jeremiah J. May, Brandon Howard, John Crump, Jim Irre, Gwen Anne D'Amico, Pat Hughes, William K. Brown, Patrick J. Hughes, Mike Emshwiller, Jim Corrin, Russell Manning.(Moseley, Jonathon) |
|
|
Att: 1
Supplement Requests for Summons for Service of Defendant,
|
||
|
Att: 2
Supplement Requests for Summons for Service of Defendant
|
||
| 7 | 7
notice
Notice of Appearance
Mon 06/17 2:04 PM
NOTICE of Appearance by Jonathon Alden Moseley on behalf of Andrew James Austin, William K. Brown, Derek Campbell, Jim Corrin, John Crump, Gwen Anne D'Amico, Mike Emshwiller, Jason Glass, Brandon Howard, Pat Hughes, Patrick J. Hughes, Jim Irre, Russell Manning, Jeremiah J. May, Wesley Moyer, Jon E Wolff (Moseley, Jonathon) |
|
| Monday, May 13, 2019 | ||
| 6 | 6
cmp
Amended Complaint
Mon 05/13 10:47 PM
AMENDED COMPLAINT joining additional plaintiffs only against Commonwealth, filed by Jon E Wolff.(Moseley, Jonathon) |
|
| Monday, April 29, 2019 | ||
| 5 | 5
1
pgs
order
Order on Motion to Amend/Correct
Mon 04/29 10:52 AM
ORDER granting3 Motion to Amend/Correct. It is hereby ORDERED that plaintiff file an Amended Complaint by Monday, May 13, 2019. Signed by District Judge Leonie M. Brinkema on 4/29/2019. (dest, ) |
|
| 4 | 4
order
So Ordered
Mon 04/29 10:49 AM
So Ordered re2 Notice of Voluntary Dismissal of ONLY 2 of 3 Defendants . filed by Jon E Wolff. ORDERED that the Complaint be and is DISMISSED WITHOUT PREJUDICE as to defendants Fredericksburg City Police Department and the Commonwealth Attorney of Fredericksburg. Signed by District Judge Leonie M. Brinkema on 4/29/2019. (dest, ) |
|
| 3 | 3
motion
Amend/Correct
Mon 04/29 12:16 AM
First MOTION to Amend/Correct1 Complaint, prior to service of the Complaint upon any Defendant, to Add Additional Plaintiffs by Jon E Wolff. (Moseley, Jonathon) |
|
| 2 | 2
notice
Notice of Voluntary Dismissal
Mon 04/29 12:10 AM
NOTICE of Voluntary Dismissal of ONLY 2 of 3 Defendants, the Cause Continuing Against the Commonwealth of Virginia by Jon E Wolff (Moseley, Jonathon) |
|
| Thursday, April 11, 2019 | ||
| 1 | 1
cmp
Complaint
Thu 04/11 4:22 PM
Complaint for Declaratory Judgment as to consitutionality of Va. Code 18.2-282 and 18.2-57 when applied to firearms ( Filing fee $ 400, receipt number 0422-6587563.), filed by Jon E Wolff.(Moseley, Jonathon) |
|
|
Att: 1
Civil Cover Sheet
|
||
|
utility
Initial Case Assignment
Fri 04/12 9:26 AM
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Theresa Carroll Buchanan. (dest, ) |
||