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Case: Project Vote/Voting for America v. Long

2:10-cv-00075 | U.S. District Court for the Eastern District of Virginia

Filed Date: Feb. 16, 2010

Clearinghouse coding complete

Case Summary

On February 16, 2010, Project Vote, a nonprofit organization working to mobilize underrepresented voters, brought suit in the U.S. District Court for the District of Eastern Virginia against the state of Virginia. The plaintiffs sought declaratory and injunctive relief, alleging that the state's refusal to turn over certain voting records violated the rights granted to them under the National Voter Registration Act.At the district level, arguments focused on whether Project Vote had appropriate…

On February 16, 2010, Project Vote, a nonprofit organization working to mobilize underrepresented voters, brought suit in the U.S. District Court for the District of Eastern Virginia against the state of Virginia. The plaintiffs sought declaratory and injunctive relief, alleging that the state's refusal to turn over certain voting records violated the rights granted to them under the National Voter Registration Act.

At the district level, arguments focused on whether Project Vote had appropriate standing and whether voter registration applications were accessible under the NVRA's public disclosure provision. The District Court (Judge Rebecca Smith) denied the state's motion to dismiss, finding in favor of the plaintiffs on each of those points (752 F.Supp.2d 697). Using the same logic, the District Court later granted a motion for summary judgment brought by the plaintiffs (813 F.Supp.2d 738), but also granted a stay pending appeal, holding that the defendant's and the public's injury without a stay outweighed the plaintiff's interest in immediate access to the records (275 F.R.D. 473).

The Fourth Circuit upheld the District Court's ruling, holding that voter registration applications were covered by the NVRA's general disclosure mandate (682 F.3d 331). On remand, the District Court determined appropriate attorney's fees (887 F.Supp.2d 704) and held that the injunction became effective on the day that the case was decided (889 F.Supp.2d 778).

Summary Authors

Jonathan Forman (6/23/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4964543/parties/project-votevoting-for-america-inc-v-long/


Judge(s)

Diaz, Albert (North Carolina)

Floyd, Henry Franklin (South Carolina)

Miller, Douglas E. (Kentucky)

Smith, Rebecca Beach (Virginia)

Wilkinson, James Harvie III (Virginia)

Attorneys(s) for Plaintiff

Bhalotra, Chhaya Malik (District of Columbia)

Hallward-Driemeier, Douglas Harry (District of Columbia)

Heard, Bradley Erik (District of Columbia)

Idilbi, Jason Grassan (District of Columbia)

James, Teresa (District of Columbia)

Judge(s)

Diaz, Albert (North Carolina)

Floyd, Henry Franklin (South Carolina)

Miller, Douglas E. (Kentucky)

Smith, Rebecca Beach (Virginia)

Wilkinson, James Harvie III (Virginia)

Attorneys(s) for Plaintiff

Bhalotra, Chhaya Malik (District of Columbia)

Hallward-Driemeier, Douglas Harry (District of Columbia)

Heard, Bradley Erik (District of Columbia)

Idilbi, Jason Grassan (District of Columbia)

James, Teresa (District of Columbia)

Malone, Ryan Morland (District of Columbia)

Mellor, Brian Williams (District of Columbia)

Ripa, Augustine Martin (District of Columbia)

Sheffield, Yolanda (District of Columbia)

Stewart, David O. (District of Columbia)

Attorneys(s) for Defendant

Cuccinelli, Kenneth T. II (Virginia)

Ehrich, Lisa (Virginia)

Getchell, Earle Duncan Jr. (Virginia)

Hall, Stephen Michael (Virginia)

Lief, Joshua Noah (Virginia)

Rosen, Jeff Wayne (Virginia)

Russell, Wesley G. Jr. (Virginia)

Documents in the Clearinghouse

Document

2:10-cv-00075

11-01809

12-02142

12-02146

Docket [PACER]

Project Vote v. Long

Jan. 31, 2013

Jan. 31, 2013

Docket
1

2:10-cv-00075

Complaint for Declaratory and Injunctive Relief

Project Vote v. Long

Feb. 16, 2010

Feb. 16, 2010

Complaint
9

2:10-cv-00075

Defendants Long and Rodrigues' Memorandum of Law in Support of Motion to Dismiss

Project Vote v. Long

March 26, 2010

March 26, 2010

Pleading / Motion / Brief
19

2:10-cv-00075

Plaintiff's Opposition to Defendants' Motion to Dismiss and Supporting Memorandum of Law

Project Vote v. Long

April 9, 2010

April 9, 2010

Pleading / Motion / Brief
23

2:10-cv-00075

Defendants Long and Rodrigues' Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss

Project Vote v. Long

April 15, 2010

April 15, 2010

Pleading / Motion / Brief
25

2:10-cv-00075

Plaintiff Project Vote's Response to the August 2, 2010 Submission by Defendants

Project Vote v. Long

Aug. 4, 2010

Aug. 4, 2010

Pleading / Motion / Brief
32

2:10-cv-00075

Opinion (denying defendant's motion to dismiss)

Project Vote v. Long

Oct. 29, 2010

Oct. 29, 2010

Order/Opinion
48

2:10-cv-00075

Memorandum in Support of Plaintiff's Motion for Summary Judgment

Project Vote v. Long

Jan. 31, 2011

Jan. 31, 2011

Pleading / Motion / Brief
52

2:10-cv-00075

Defendant Elisa Long's Opposition to Plaintiff's Motion for Summary Judgment

Project Vote v. Long

March 2, 2011

March 2, 2011

Pleading / Motion / Brief
54

2:10-cv-00075

Project Vote's Reply to Defendants' Opposition to Motion for Summary Judgment

Project Vote v. Long

March 16, 2011

March 16, 2011

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4964543/project-votevoting-for-america-inc-v-long/

Last updated Nov. 2, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for declaratory and injunctive relief against Elisa Long, Nancy Rodrigues ( Filing fee $ 350, receipt number 14683011496.), filed by Project Vote/Voting for America, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jcow, ) (Entered: 02/18/2010)

Feb. 16, 2010

Feb. 16, 2010

2

Financial Interest Disclosure Statement (Local Rule 7.1) by Project Vote/Voting for America, Inc.. (jcow, ) (Entered: 02/18/2010)

Feb. 16, 2010

Feb. 16, 2010

3

Summons with one copy issued as to Elisa Long, magistrate judge notice with judge's instructions mailed to counsel. (Attachments: # 1 Supplement)(jcow, ) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

4

Summons with one copy issued as to Nancy Rodrigues, magistrate judge notice and judge's instructions mailed to counsel. (Attachments: # 1 Supplement)(jcow, ) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

5

AFFIDAVIT re 3 Summons Issued Proof of Service by Project Vote/Voting for America, Inc.. (Idilbi, Jason) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

Notice of Correction re 5 Affidavit; this document is a return of service for an executed summons. This document should be sent hard copy to the clerk's office for filing. The filing user has been requested to send theoriginal document to the court for filing. (jcow, ) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

6

SUMMONS Returned Executed, Elisa Long served on 3/9/2010 (jcow, ) (Entered: 03/23/2010)

March 23, 2010

March 23, 2010

7

NOTICE of Appearance by Stephen Michael Hall on behalf of Nancy Rodrigues (Hall, Stephen) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

9

Memorandum in Support re 8 MOTION to Dismiss filed by Elisa Long, Nancy Rodrigues. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rosen, Jeff) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

10

MOTION for Bradley E. Heard to appear Pro hac vice by Project Vote/Voting for America, Inc.. (Attachments: # 1 Receipt)(jcow, ) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

11

MOTION for Yolanda Sheffield to appear Pro hac vice by Project Vote/Voting for America, Inc.. (Attachments: # 1 Receipt)(jcow, ) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

12

SUMMONS Returned Executed, Nancy Rodrigues served on 3/3/2010 (jcow, ) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

13

ORDER granting 10 Motion for Pro hac vice, Appointed Bradley E. Heard for Project Vote/Voting for America, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 3/30/10. (jcow, ) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

14

ORDER granting 11 Motion for Pro hac vice, Appointed Yolanda Sheffield for Project Vote/Voting for America, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 3/30/10. (jcow, ) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

15

NOTICE by Project Vote/Voting for America, Inc., Nancy Rodrigues re 6 Summons Returned Executed Joint Notice (Ripa, Augustine) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

16

MOTION for David O. Stewart to appear Pro hac vice by Project Vote/Voting for America, Inc.. (Attachments: # 1 Receipt)(jcow, ) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

17

NOTICE by Elisa Long, Nancy Rodrigues re 8 MOTION to Dismiss Notice of Attachment for Motion to Dismiss (Attachments: # 1 Exhibit A)(Rosen, Jeff) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

18

ORDER granting 16 Motion for Pro hac vice, Appointed David O. Stewart for Project Vote/Voting for America, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 4/7/10. (jcow, ) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

19

Memorandum in Opposition re 8 MOTION to Dismiss filed by Project Vote/Voting for America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Malone, Ryan) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

20

Request for Hearing by Project Vote/Voting for America, Inc. re 8 MOTION to Dismiss (Malone, Ryan) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

21

MOTION for Douglas H. Hallward−Driemeier to appear Pro hac vice by Project Vote/Voting for America, Inc.. (Attachments: # 1 Receipt)(jcow, ) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

22

ORDER granting 21 Motion for Pro hac vice, Appointed Douglas Harry Hallward−Driemeier for Project Vote/Voting for America, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 4/13/10. (jcow, ) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

23

Reply to 19 Memorandum in Opposition filed by Elisa Long, Nancy Rodrigues. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rosen, Jeff) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

Set/Reset Hearings: Motion Hearing set for 7/30/2010, at 11:30 AM in Norfolk Courtroom 1 before District Judge Rebecca Beach Smith. (mgra) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

MOTION HEARING proceedings held before District Judge Rebecca Beach Smith: Ryan M. Malone, Jason G. Idilbi, Augustine M. Ripa, Bradley E. Heard for plaintiff; Jeff W. Rosen and Stephen M. Hall for defendants. Motion Hearing held on 7/30/2010 re 8 MOTION to Dismiss filed by Nancy Rodrigues, Elisa Long. Arguments heard. Court takes matter under advisement. (Court Reporter Gloria Smith, OCR.) THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (mgra, ) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

26

Letter to the court from Pender &Coward (Part 1). (jcow, ) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

27

Letter to the court from Pender &Coward (Part 2). (jcow, ) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

28

MOTION for Chhaya M. Bhalotra to appear Pro hac vice by Project Vote/Voting for America, Inc.. (Attachments: # 1 Receipt)(jcow, ) (Entered: 09/10/2010)

Sept. 9, 2010

Sept. 9, 2010

29

MOTION for Teresa James to appear Pro hac vice by Project Vote/Voting for America, Inc.. (Attachments: # 1 Receipt)(jcow, ) (Entered: 09/10/2010)

Sept. 10, 2010

Sept. 10, 2010

30

ORDER granting 29 Motion for Pro hac vice, Appointed Teresa James for Project Vote/Voting for America, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 9/14/10. (jcow, ) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

31

ORDER granting 28 Motion for Pro hac vice, Appointed Chhaya Malik Bhalotra for Project Vote/Voting for America, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 9/15/10. (jcow, ) (Entered: 09/15/2010)

Sept. 15, 2010

Sept. 15, 2010

32

OPINION denying 8 Motion to Dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6). Signed by District Judge Rebecca Beach Smith and filed on 10/29/2010. (rlam) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

33

TRANSCRIPT of proceedings held on 07−30−2010 before Judge Rebecca Beach Smith. Court Reporter/Transcriber Gloria Smith, telephone number 757−222−7074. 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 12/8/2010. Redacted Transcript Deadline set for 1/8/2011. Release of Transcript Restriction set for 2/6/2011.(smith, gloria) (Entered: 11/08/2010)

Nov. 8, 2010

Nov. 8, 2010

34

Notice of Filing of Official Transcript re 33 Transcript. (jcow, ) (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

35

ANSWER to 1 Complaint by Nancy Rodrigues.(Hall, Stephen) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

36

ANSWER to 1 Complaint and Affirmative Defense by Elisa Long.(Rosen, Jeff) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

37

MOTION to Withdraw as Attorney for Yolanda Sheffield and Bradley Heard by Project Vote/Voting for America, Inc.. (Attachments: # 1 Proposed Order)(Malone, Ryan) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

38

Memorandum in Support re 37 MOTION to Withdraw as Attorney for Yolanda Sheffield and Bradley Heard filed by Project Vote/Voting for America, Inc.. (Malone, Ryan) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

Refer for 16(b) (jcow, ) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

39

RULE 26(f) PRETRIAL ORDER: Initial Pretrial Conference set for 12/3/2010 at 09:00 AM. Signed by Magistrate Judge Douglas E. Miller and filed on 11/15/10. (jcow, ) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

40

NOTICE by Elisa Long re 39 Scheduling Order Notice of Change of Date of Rule 16 (b) Scheduling Conference (Rosen, Jeff) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

Set/Reset Scheduling Order Deadlines: Initial Pretrial Conference set for 11/30/2010 at 09:00 AM. (jcow, ) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

41

STIPULATION re 39 Scheduling Order by Elisa Long, Project Vote/Voting for America, Inc., Nancy Rodrigues. (Hall, Stephen) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

42

STIPULATION re 39 Scheduling Order by Elisa Long, Project Vote/Voting for America, Inc., Nancy Rodrigues. (Hall, Stephen) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

43

ORDER granting 37 Motion to Withdraw as Attorney. Attorney Bradley E. Heard and Yolanda Sheffield terminated. Signed by Magistrate Judge Douglas E. Miller on November 29, 2010. (Miller, Douglas) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

MOTION REFERRED to Magistrate Judge Douglas E. Miller. 37 MOTION to Withdraw as Attorney for Yolanda Sheffield and Bradley Heard (jcow, ) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

Rule 16(b) Scheduling Conference held on 11/30/2010. (sche) (Entered: 12/02/2010)

Nov. 30, 2010

Nov. 30, 2010

44

RULE 16(b) SCHEDULING ORDER: Final Pretrial Conference set for 5/5/2011 at 10:00 AM. Bench Trial set for 5/23/2011 at 11:00 AM before District Judge Rebecca Beach Smith. Signed by District Judge Rebecca Beach Smith on 11/30/10 and filed on 12/1/10. (jcow, ) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

45

MOTION for Brian Williams Mellor to appear Pro hac vice by Project Vote/Voting for America, Inc.. (Attachments: # 1 Receipt)(jcow, ) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

46

ORDER granting 45 Motion for Pro hac vice Appointed Brian Williams Mellor for Project Vote/Voting for America, Inc. Signed by District Judge Rebecca Beach Smith and filed on 1/21/2011. (rsim ) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

47

MOTION for Summary Judgment by Project Vote/Voting for America, Inc.. (Malone, Ryan) (Entered: 01/31/2011)

Jan. 31, 2011

Jan. 31, 2011

48

Memorandum in Support re 47 MOTION for Summary Judgment filed by Project Vote/Voting for America, Inc.. (Malone, Ryan) (Entered: 01/31/2011)

Jan. 31, 2011

Jan. 31, 2011

49

Joint MOTION Regarding Proposed Briefing Schedule by Elisa Long, Project Vote/Voting for America, Inc., Nancy Rodrigues. (Attachments: # 1 Proposed Order)(Malone, Ryan) (Entered: 01/31/2011)

Jan. 31, 2011

Jan. 31, 2011

50

ORDER granting 49 Motion for brief scheduling order; ordering that defendants' opposition to plaintiff's motion for summary judgment shall be filed by 3/2/11 and plaintiff's reply in support of its motion for summary judgment shall be filed by 3/16/11. Signed by District Judge Rebecca Beach Smith on 1/31/11 and filed on 2/1/11. (jcow, ) (Entered: 02/01/2011)

Feb. 1, 2011

Feb. 1, 2011

51

Memorandum in Opposition re 47 MOTION for Summary Judgment filed by Nancy Rodrigues. (Attachments: # 1 Exhibit A)(Hall, Stephen) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

52

Opposition to 47 MOTION for Summary Judgment filed by Elisa Long. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 1C, # 5 Exhibit 1D, # 6 Exhibit 1E)(Rosen, Jeff) (Entered: 03/02/2011)

March 2, 2011

March 2, 2011

53

Request for Hearing by Nancy Rodrigues re 47 MOTION for Summary Judgment, 51 Memorandum in Opposition (Hall, Stephen) (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

54

REPLY to Response to Motion re 47 MOTION for Summary Judgment filed by Project Vote/Voting for America, Inc.. (Malone, Ryan) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

Settlement Conference set for 4/1/2011 12:00 PM in Chambers before District Judge Rebecca Beach Smith. (sche) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

Status Conference set for 6/10/2011 at 12:00 PM in Chambers before District Judge Rebecca Beach Smith. (sche) (Entered: 05/17/2011)

May 17, 2011

May 17, 2011

55

Letter. (Rosen, Jeff) (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

56

MEMORANDUM ORDER that the court directs that any further submissions regarding the Motion for Summary Judgment, or any proposed consent decree resolving the matter, be filed on or before July 1, 2011, after which the court will proceed to address the matter and render final judgment thereon. Nancy Rodrigues, in her official capacity as Secretary of the Virginia State Board of Elections ("SBE"), was originally named as a defendant in this action. Donald Palmer replaced Rodrigues as Secretary of the SBE on January 28, 2011. The court DIRECTS the Clerk to substitute Palmer for Rodrigues as a named defendant pursuant to Federal Rule of Civil Procedure 25(d). Signed by District Judge Rebecca Beach Smith and filed on 6/10/11. (jcow, ) (Entered: 06/13/2011)

June 10, 2011

June 10, 2011

Status Conference held in Chambers on 6/10/2011 before District Judge Rebecca Beach Smith. (sche) (Entered: 07/01/2011)

June 10, 2011

June 10, 2011

57

NOTICE by Elisa Long, Donald Palmer re 56 Order,, (Attachments: # 1 Exhibit 1, # 2 Exhibit 1−A, # 3 Exhibit 1−B, # 4 Exhibit 1−C)(Rosen, Jeff) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

58

Response to 56 Order,, of June 10, 2011 filed by Project Vote/Voting for America, Inc.. (Malone, Ryan) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

59

MOTION for Leave to File Reply to Plaintiff's Supplemental Memorandum in Response to the Court's June 10, 2011 Memorandum Order by Elisa Long. (Attachments: # 1 Exhibit A)(Rosen, Jeff) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

60

Memorandum in Support re 59 MOTION for Leave to File Reply to Plaintiff's Supplemental Memorandum in Response to the Court's June 10, 2011 Memorandum Order filed by Elisa Long. (Rosen, Jeff) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

61

ORDER granting defendant Elisa Long's 59 Motion for Leave to File reply to plaintiff's supplemental memorandum in response to the court's 6/10/11 memorandum order. Signed by District Judge Rebecca Beach Smith and filed on 7/7/11. (jcow, ) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

62

Reply to 58 plaintiff's suupplemental memorandum response to the court's 6/10/11 memorandum order, filed by Elisa Long. (jcow, ) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

63

OPINION that the Plaintiff's Motion for SummaryJudgment is GRANTED insofar as the plaintiff's request fordeclaratory relief; the plaintiff's Motion for Summary Judgment isDENIED, insofar as the plaintiff requests retrospective relief;a nd the plaintiff's Motion for Summary Judgment is GRANTED,insofar as the plaintiff's request prospective injunctive relief. See Opinion for specific court findings. Signed by District Judge Rebecca Beach Smith and filed on 7/20/11. (jcow, )

July 20, 2011

July 20, 2011

RECAP
64

JUDGMENT on decision of the court that the Plaintiff's Motion for SummaryJudgment is GRANTED insofar as the plaintiff's request fordeclaratory relief; the plaintiff's Motion for Summary Judgment isDENIED, insofar as the plaintiff requests retrospective relief;and the plaintiff's Motion for Summary Judgment is GRANTED,insofar as the plaintiff's request prospective injunctive relief; entered by the Clerk and filed on 7/20/11. (jcow, ) (Entered: 07/20/2011)

July 20, 2011

July 20, 2011

65

NOTICE OF APPEAL as to 63 Memorandum Opinion,, 64 Clerk's Judgment, by Elisa Long, Donald Palmer. (Hall, Stephen) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

66

MOTION to Stay re 63 Memorandum Opinion,, 64 Clerk's Judgment, by Elisa Long, Donald Palmer. (Hall, Stephen) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

67

Memorandum in Support re 66 MOTION to Stay re 63 Memorandum Opinion,, 64 Clerk's Judgment, filed by Elisa Long, Donald Palmer. (Attachments: # 1 Affidavit)(Hall, Stephen) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

68

Emergency MOTION re 66 MOTION to Stay re 63 Memorandum Opinion,, 64 Clerk's Judgment, by Elisa Long, Donald Palmer. (Hall, Stephen) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

69

Memorandum in Support re 68 Emergency MOTION re 66 MOTION to Stay re 63 Memorandum Opinion,, 64 Clerk's Judgment, filed by Elisa Long, Donald Palmer. (Hall, Stephen) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

71

ORDER re Motion for Expedited Ruling on the Motion to Stay Judgment; directing that Project Vote must file a response, if any, on or before July 28, 2011, at 5:00 p.m., and that the defendants must file a reply, if any, on or before July 29, 2011, at 5:00 p.m. Signed by District Judge Rebecca Beach Smith and filed on 7/25/11. (mwin, ) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

72

Transmission of Notice of Appeal to US Court of Appeals re 65 Notice of Appeal. (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Attachments: # 1 notice of appeal)(jcow, ) (Entered: 07/26/2011)

July 26, 2011

July 26, 2011

73

Memorandum in Opposition re 66 MOTION to Stay re 63 Memorandum Opinion,, 64 Clerk's Judgment, filed by Project Vote/Voting for America, Inc.. (Malone, Ryan) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

74

REPLY to Response to Motion re 66 MOTION to Stay re 63 Memorandum Opinion,, 64 Clerk's Judgment, filed by Elisa Long, Donald Palmer. (Hall, Stephen) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

75

ORDER granting 66 Motion to Stay judgment, and hereby STAYS its July 20,2011, judgment pending appeal. Signed by District Judge Rebecca Beach Smith and filed on 8/1/11. (jcow, ) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

76

USCA Appeal Fees received $ 455, receipt number 24683012384 re 65 Notice of Appeal filed by Donald Palmer, Elisa Long (jcow, ) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

77

USCA Case Number 11−1809; case manager: RJ Warren; USCA 4th Circuit for 65 Notice of Appeal filed by Donald Palmer, Elisa Long. (jcow, ) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

78

MOTION for Attorney Fees and Costs by Project Vote/Voting for America, Inc.. (Malone, Ryan) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

79

Memorandum in Support re 78 MOTION for Attorney Fees and Costs filed by Project Vote/Voting for America, Inc.. (Attachments: # 1 Exhibit A − Mellor Declaration, # 2 Exhibit B − Malone Declaration, # 3 Exhibit C − Fee Summary, # 4 Exhibit D − Fee Legend, # 5 Exhibit E − Time Entry Detail, # 6 Exhibit F − Costs and Expenses)(Malone, Ryan) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

80

CONSENT ORDER to stay the motion to recover attorneys' fees and costs until further notice, including any further briefing on the motion. Signed by District Judge Rebecca Beach Smith and filed on 8/10/11. (jcow, ) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

81

Opinion of USCA re 65 Notice of Appeal, affirming the judgment and remanding for further proceedings consistent with this decision. (mwin, ) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

82

USCA JUDGMENT as to 65 Notice of Appeal filed by Donald Palmer, Elisa Long: In accordance with the decision of this court, the judgment of the district court is affirmed. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (mwin, ) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

83

Memorandum in Support re 78 MOTION for Attorney Fees and Costs SUPPLEMENTAL filed by Project Vote/Voting for America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Malone, Ryan) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

Notice of Correction re 83 Memorandum in Support: Counsel is advised that the mandate has not issued from the Fourth Circuit Court of Appeals. (mwin, ) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

84

USCA Mandate re 65 Notice of Appeal; The judgment of this court, entered June 15, 2012, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (jcow, )

July 9, 2012

July 9, 2012

86

ORDER − The court LIFTS its stay of its judgment pursuant to the court's Order of August 1, 2011. With regard to the Consent Order entered by the court on August 10, 2011, the court DIRECTS the parties to file responses concerning any subsequent action necessary by this court in light of the Fourth Circuit's decision within seven (7) days of the date of this Order. Absent any filings, the court will close the case and remove it from the docket. Signed by District Judge Rebecca Beach Smith and filed on 7/20/12. (mwin, ) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

87

MOTION for Extension of Time to File Response/Reply as to 83 Memorandum in Support, 78 MOTION for Attorney Fees and Costs by Elisa Long, Donald Palmer. (Rosen, Jeff) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

88

Response to 86 Order,, filed by Project Vote/Voting for America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Malone, Ryan) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

89

Memorandum in Support re 87 MOTION for Extension of Time to File Response/Reply as to 83 Memorandum in Support, 78 MOTION for Attorney Fees and Costs filed by Elisa Long, Donald Palmer. (Rosen, Jeff) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

90

Waiver of re 87 MOTION for Extension of Time to File Response/Reply as to 83 Memorandum in Support, 78 MOTION for Attorney Fees and Costs by Elisa Long, Donald Palmer (Rosen, Jeff) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

91

MOTION to Substitute Attorney by Donald Palmer. (Lief, Joshua) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

Notice of Correction re 91 MOTION to Substitute Attorney. This motion is not a full consent motion as counsel who signed the motion for the plaintiff is not admitted to practice in this court. The motion will go forward as a regular motion with time allowed for any response. (jcow, ) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

92

ORDER − the court LIFTS its stay of plaintiff's Motion to Recover Attorneys' Fees and Costs ("Motion"). Defendants are DIRECTED to file their response to plaintiff's Motion and supplemental memorandum on or before August 3, 2012, with any reply by plaintiff due on or before August 10, 2012. Signed by District Judge Rebecca Beach Smith and filed on 7/25/12. (jcow, ) (Entered: 07/26/2012)

July 26, 2012

July 26, 2012

93

MOTION Motion for Review of Issues on Remand filed by Elisa Long, Donald Palmer. (Lief, Joshua) Modified on 7/27/2012 to correct title (jcow, ). (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

Case Details

State / Territory: Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 16, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-partisan voting rights group seeking access to specific voter registration records

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Virginia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2013 - 2015

Issues

General:

Voting access

Voting:

Election administration

Voter registration rules