City of Norfolk, Virginia et al v. Commonwealth of Virginia et al
Virginia Eastern District Court | |
Judge: | Arenda L Wright Allen |
Referred: | Douglas E Miller |
Case #: | 2:19-cv-00436 |
Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
Cause | 28:1331 Fed. Question: Constitutionality of State Statutes |
Case Filed: | Aug 19, 2019 |
Terminated: | Jul 02, 2020 |
Last checked: Saturday Feb 15, 2020 3:45 AM EST |
Defendant
Mark R. Herring, Attorney General for the Commonwealth of Virginia
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Represented By
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Defendant
Commonwealth of Virginia
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Represented By
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Defendant
Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk
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Represented By
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Plaintiff
City of Norfolk, Virginia
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Represented By
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Plaintiff
Norfolk City Council
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Represented By
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TERMINATED PARTIES | |
Intervenor
Ronald M. Green
Terminated: 01/10/2020
5540 Barnhollow Road
Norfolk, VA 23502 |
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Intervenor
Roy L. Perry-Bey
Terminated: 01/10/2020
89 Lincoln Street #1772
Hampton, VA 23669 |
1. | City of Norfolk files federal lawsuit to remove Confederate monument (wtvr.com) |
Submitted Wed 08/21/2019 | |
Docket last updated: 4 hours ago |
Thursday, July 02, 2020 | ||
34 | 34
5
pgs
order
Order on Motion to Exclude Order on Motion to Voluntarily Dismiss
Thu 07/02 10:57 AM
ORDER: The Citizens' Motion to Alter or Amend the Judgment25 is DENIED. Plaintiff's Motion to Voluntarily Dismiss33 is GRANTED. The action is DISMISSED without prejudice as to all claims, causes of action, and parties, with each party bearing its own fees and costs. Signed by District Judge Arenda L. Wright Allen on 07/01/2020. Copies distributed as directed 07/02/2020. (bboy, ) |
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Tuesday, June 23, 2020 | ||
33 | 33
motion
Dismiss Voluntarily
Tue 06/23 1:54 PM
MOTION to Voluntarily Dismiss by City of Norfolk, Virginia, Norfolk City Council. (Melita, Adam) |
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Friday, April 24, 2020 | ||
32 | 32
misc
Status Report
Fri 04/24 3:20 PM
STATUS REPORT [Joint] by Mark R. Herring, Attorney General for the Commonwealth of Virginia, Commonwealth of Virginia, Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk. (Heytens, Toby) |
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Tuesday, March 17, 2020 | ||
31 | 31
respoth
Response Other
Tue 03/17 4:11 PM
Objection to Stay and Memorandum in Support re30 Order Staying Case, filed by Ronald M. Green, Roy L. Perry-Bey. (bboy, ) (bboy, ) |
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Att: 1 (3/17/2020) Letter | ||
Wednesday, February 26, 2020 | ||
30 | 30
3
pgs
order
Order Staying Case
Wed 02/26 5:09 PM
ORDER STAYING CASE: This action is STAYED pending the General Assembly's action on H.B. 1537 and S.B. 183. The Parties shall file a joint status update every 60 days from the date of this Order advising the Court whether the case should remain stayed, the stay should be lifted, or the case should be dismissed because the issues have been mooted by legislation. Signed by District Judge Arenda L. Wright Allen on 02/26/2020. (bboy, ) |
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Tuesday, February 18, 2020 | ||
29 | 29
respm
Reply to Response to Motion
Wed 02/19 5:10 PM
[SUBJECT TO DEFECT] REPLY to27 Response in Opposition re25 MOTION to Alter Judgment filed by Ronald M. Green, Roy L. Perry-Bey.(bboy, ) |
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Att: 1 Letter | ||
Wednesday, February 12, 2020 | ||
28 | 28
respoth
Response Other
Wed 02/12 2:24 PM
Response to26 Order, Parties' Joint Response to Order to Show Cause filed by Mark R. Herring, Attorney General for the Commonwealth of Virginia, Commonwealth of Virginia, Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk. (Heytens, Toby) |
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Tuesday, February 04, 2020 | ||
27 | 27
respm
Response in Opposition to Motion
Tue 02/04 11:43 AM
RESPONSE in Opposition re25 MOTION to Alter Judgment filed by City of Norfolk, Virginia, Norfolk City Council. (Melita, Adam) |
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Monday, February 03, 2020 | ||
26 | 26
3
pgs
order
Order
Tue 02/04 10:37 AM
ORDER re11 Motion to Dismiss: All Parties are ORDERED to show case why this matter should not be stayed pending the General Assembly's action on this proposed legislation. This briefing must be filed no later than February 28, 2020. Signed by District Judge Arenda L. Wright Allen on 02/03/2020. (bboy, ) |
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Tuesday, January 21, 2020 | ||
25 | 25
motion
Alter Judgment
Tue 01/21 4:19 PM
MEMORANDUM IN SUPPORT OF CITIZENS' MOTION TO ALTER OR AMEND JUDGMENT by Ronald M. Green, Roy L. Perry-Bey.(epri, ) |
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Att: 1 Letter | ||
Friday, January 10, 2020 | ||
24 | 24
9
pgs
order
Order on Motion to Intervene Order on Motion to Strike
Fri 01/10 4:59 PM
ORDER denying2 Motion to Intervene; dismissing15 Motion to Strike. The Citizens' Motion to Intervene is DENIED. Because the Citizens cannot intervene as party in this matter, their Motion to Strike the City of Norfolk is DISMISSED. The pending Motion to Dismiss is taken under advisement. The Court will determine whether a hearing on that Motion is warranted. Signed by District Judge Arenda L. Wright Allen on 01/10/2020. Copies distributed as directed 01/10/2020. (bboy, ) |
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Wednesday, November 20, 2019 | ||
23 | 23
respm
Reply to Response to Motion
Wed 11/20 5:03 PM
[SUBJECT TO DEFECT] REPLY to Response to20 re15 MOTION to Strike filed by Ronald M. Green, Roy L. Perry-Bey.(bboy, ) |
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Att: 1 Letter | ||
Tuesday, November 12, 2019 | ||
22 | 22
notice
Request for Hearing
Tue 11/12 6:10 PM
Request for Hearing by Mark R. Herring, Attorney General for the Commonwealth of Virginia, Commonwealth of Virginia, Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk re11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Heytens, Toby) |
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21 | 21
respm
Reply to Response to Motion
Tue 11/12 5:53 PM
REPLY to Response to Motion re11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Mark R. Herring, Attorney General for the Commonwealth of Virginia, Commonwealth of Virginia, Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk.(Heytens, Toby) |
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Att: 1 Exhibit D -- Req. for Op. | ||
20 | 20
respm
Response to Motion
Tue 11/12 12:31 PM
RESPONSE to Motion re2 MOTION to Intervene , Intervenors' Motion to Strike filed by City of Norfolk, Virginia, Norfolk City Council. (Melita, Adam) |
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Thursday, November 07, 2019 | ||
19 | 19
respm
Reply to Response to Motion
Thu 11/07 4:53 PM
REPLY to16 Response in Opposition to2 MOTION to Intervene filed by Ronald M. Green, Roy L. Perry-Bey.(bboy, ) |
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Att: 1 Civil Cover Sheet, | ||
Att: 2 Exhibit 1, | ||
Att: 3 Exhibit 2, | ||
Att: 4 Exhibit 3, | ||
Att: 5 Exhibit 4, | ||
Att: 6 Exhibit 5, | ||
Att: 7 Exhibit 6 | ||
Tuesday, November 05, 2019 | ||
18 | 18
respm
Response in Opposition to Motion
Tue 11/05 5:20 PM
RESPONSE in Opposition re11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by City of Norfolk, Virginia, Norfolk City Council.(Melita, Adam) |
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Att: 1 Exhibit Ex. A - Payne v. City of Charlottesville, | ||
Att: 2 Exhibit Ex. B - Declaration of B. Pishko | ||
Thursday, October 31, 2019 | ||
17 | 17
notice
Notice of Appearance
Thu 10/31 5:15 PM
NOTICE of Appearance by Erin Rose McNeill on behalf of Mark R. Herring, Attorney General for the Commonwealth of Virginia, Commonwealth of Virginia, Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk (McNeill, Erin) |
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16 | 16
respoth
Opposition
Thu 10/31 2:33 PM
Opposition to2 MOTION to Intervene filed by Mark R. Herring, Attorney General for the Commonwealth of Virginia, Commonwealth of Virginia, Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk. (Heytens, Toby) |
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15 | 15
misc
Docket Annotation
Thu 10/31 11:55 AM
Submission by Ronald M. Green. (bboy, ) |
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utility
Motions Referred
Thu 10/31 11:57 AM
MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller.2 MOTION to Intervene (bboy, ) |
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Monday, October 28, 2019 | ||
14 | 14
respm
Reply to Response to Motion
Wed 10/30 10:47 AM
REPLY to Opposition to2 MOTION to Intervene and Motion to Dismiss filed by Ronald M. Green, Roy L. Perry-Bey.(bboy, ) |
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Att: 1 Exhibit 1, | ||
Att: 2 Exhibit 2, | ||
Att: 3 Exhibit 3, | ||
Att: 4 Letter | ||
Thursday, October 24, 2019 | ||
13 | 13
respm
Response in Opposition to Motion
Thu 10/24 9:42 AM
RESPONSE in Opposition re2 MOTION to Intervene filed by City of Norfolk, Virginia, Norfolk City Council.(Melita, Adam) |
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Att: 1 Exhibit Ex A - Intervenors' State Court Complaint (part 1 of 2), | ||
Att: 2 Exhibit Ex A - Intervenors' State Court Complaint (part 2 of 2), | ||
Att: 3 Exhibit Ex B - State Court Opinion and Order | ||
Tuesday, October 22, 2019 | ||
12 | 12
28
pgs
respm
Memorandum in Support
Tue 10/22 5:18 PM
Memorandum in Support re11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Mark R. Herring, Attorney General for the Commonwealth of Virginia, Commonwealth of Virginia, Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk.(Heytens, Toby) |
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Att: 1 Exhibit A -- Declaration of G. Underwood, | ||
Att: 2 Exhibit B -- Heritage Preservation Ass'n v. City of Danville Final Order, | ||
Att: 3 Exhibit C -- Payne v. City of Charlottesville Dec. 6, 2017 Order | ||
11 | 11
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Tue 10/22 5:14 PM
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Mark R. Herring, Attorney General for the Commonwealth of Virginia, Commonwealth of Virginia, Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk. (Heytens, Toby) |
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Wednesday, October 02, 2019 | ||
10 | 10
order
Order on Motion to Intervene
Wed 10/02 10:42 AM
ORDER deferring ruling on2 , the Motion to Intervene by Roy L. Perry-Bey and Ronald M. Green as follows: the Parties who have appeared are directed to file responses to the Motion to Intervene within thirty days of this Order. Mr. Perry-Bey and Mr. Green shall file a reply within seven days thereafter. The Motion will be taken under advisement without oral argument after briefing is complete. Signed by District Judge Arenda L. Wright Allen on 10/2/2019. (Allen, Arenda) |
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Monday, September 16, 2019 | ||
9 | 9
cmp
Amended Complaint
Mon 09/16 1:51 PM
AMENDED COMPLAINT against All Defendants, filed by Norfolk City Council, City of Norfolk, Virginia.(Melita, Adam) |
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Thursday, August 29, 2019 | ||
8 | 8
service
Waiver of Service Executed
Thu 08/29 9:14 AM
WAIVER OF SERVICE Returned Executed by Norfolk City Council, City of Norfolk, Virginia. Gregory D. Underwood, Commonwealth's Attorney for the City of Norfolk waiver sent on 8/23/2019, answer due 10/22/2019. (Melita, Adam) |
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Tuesday, August 27, 2019 | ||
7 | 7
service
Waiver of Service Executed
Tue 08/27 3:35 PM
WAIVER OF SERVICE Returned Executed by Mark R. Herring, Attorney General for the Commonwealth of Virginia. Mark R. Herring, Attorney General for the Commonwealth of Virginia waiver sent on 8/23/2019, answer due 10/22/2019. (Heytens, Toby) |
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6 | 6
service
Waiver of Service Executed
Tue 08/27 3:34 PM
WAIVER OF SERVICE Returned Executed by Commonwealth of Virginia. Commonwealth of Virginia waiver sent on 8/23/2019, answer due 10/22/2019. (Heytens, Toby) |
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Monday, August 26, 2019 | ||
5 | 5
respm
Affidavit in Support of Motion
Mon 08/26 2:26 PM
AFFIDAVIT of Roy L. Perry-Bey in Support re2 MOTION to Intervene.(bboy, ) |
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Att: 1 Exhibit S, | ||
Att: 2 Exhibit 17, | ||
Att: 3 Exhibit 18, | ||
Att: 4 Exhibit 19, | ||
Att: 5 Exhibit T | ||
4 | 4
respm
Affidavit in Support of Motion
Mon 08/26 2:19 PM
AFFIDAVIT of Ronald M. Green in Support re2 MOTION to Intervene(bboy, ) |
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Att: 1 Exhibit S, | ||
Att: 2 Exhibit 17, | ||
Att: 3 Exhibit 18, | ||
Att: 4 Exhibit 19 | ||
Friday, August 23, 2019 | ||
3 | 3
11
pgs
respm
Memorandum in Support
Fri 08/23 4:14 PM
MEMORANDUM OF LAW IN SUPPORT OF ROY L. PERRY-BEY AND RONALD M. GREEN'S MOTION TO INTERVENE(epri, ) |
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Att: 1 Exhibit R, | ||
Att: 2 Exhibit 6 | ||
Wednesday, August 21, 2019 | ||
2 | 2
motion
Intervene
Thu 08/22 4:52 PM
MOTION to Intervene by Roy L. Perry-Bey and Ronald M. Green. (bboy, ) |
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Monday, August 19, 2019 | ||
1 | 1
cmp
Complaint
Mon 08/19 10:07 AM
Complaint ( Filing fee $ 400, receipt number 0422-6794665.), filed by Virginia City Of Norfolk, City Council of the City of Norfolk.(Melita, Adam) |
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Att: 1 Civil Cover Sheet | ||
utility
Initial Case Assignment
Mon 08/19 10:51 AM
Initial Case Assignment to District Judge Arenda L. Wright Allen and Magistrate Judge Douglas E. Miller. (epri, ) |