Case: Virginia Office for Protection and Advocacy v. Reinhard

The Commonwealth of Virginia v. Reinhard

The Commonwealth of Virginia v. Reinhard

The Commonwealth of Virginia v. Reinhard

The Commonwealth of Virginia v. Reinhard

Commonwealth of Virginia v. Reinhard

U. S. Court of Appeals for the Fourth Circuit

Virginia Office for Protection and Advocacy v. Stewart

Supreme Court of the United States

Virginia Office for Protection and Advocacy v. Stewart

The Commonwealth of Virginia v. Stewart

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 300002985), filed by Commonwealth of Virginia, Virginia Office for Protection and Advocacy. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(cgar, ) (Entered: 12/03/2007)

2 Civil Cover Sheet

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3 Receipt

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MOTION for Preliminary Injunction by Commonwealth of Virginia, Virginia Office for Protection and Advocacy. (cgar, ) (Entered: 12/03/2007)

Memorandum in Support re 2 MOTION for Preliminary Injunction filed by Commonwealth of Virginia, Virginia Office for Protection and Advocacy. (cgar, ) (Entered: 12/03/2007)

Summons Issued as to James S. Reinhard, Denise D. Micheletti and Charles M. Davis. Mailed to counsel. (cgar, ) (Entered: 12/04/2007)

SUMMONS Returned Executed as to Defendants, James S. Reinhard and Charles M. Davis served on 12/13/2007, answers due 1/2/2008 (cgar, ) (Entered: 12/19/2007)

SUMMONS Returned Executed as to Defendant, Denise D. Micheletti served on 12/17/2007, answer due 1/7/2008. (cgar, ) (Entered: 12/21/2007)

MOTION to Dismiss by James S. Reinhard, Denise D. Micheletti, Charles M. Davis. (Thro, William) (Entered: 01/02/2008)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by James S. Reinhard, Denise D. Micheletti, Charles M. Davis. (Thro, William) (Entered: 01/02/2008)

Memorandum in Support re 7 MOTION to Dismiss filed by James S. Reinhard, Denise D. Micheletti, Charles M. Davis. (Thro, William) (Entered: 01/02/2008)

Notice of Correction re: Documents 7 & 8, the filing user has been notified to file future documents with the correct nine-element signature block at the conclusion of the pleading and with the accompanying Certificate of Service (twice with each pleading).(walk, )

RESPONSE in Opposition re 7 MOTION to Dismiss filed by Commonwealth of Virginia, Virginia Office for Protection and Advocacy. (Buckley, Paul) (Entered: 01/16/2008)

REPLY to Response to Motion re 7 MOTION to Dismiss filed by James S. Reinhard, Denise D. Micheletti, Charles M. Davis. (Thro, William) (Entered: 01/18/2008)

ORDER entered by the Clerk at the direction of Court setting an Initial Pretrial Conference to be held at 10:00 a.m. on 2/20/2008. (sneal, ) (Entered: 02/05/2008)

SCHEDULING ORDER: Initial Pretrial Conference set for 2/20/2008 at 10:00 AM before District Judge Robert E. Payne.. Signed by Judge Robert E. Payne on 2/5/2008. (sneal, ) (Entered: 02/05/2008)

for proceedings held before Judge Robert E. Payne : Telephone Conference held on 2/11/2008. Court time: 20 mins. (sneal, )

ORDER denying without prejudice 2 Motion for Preliminary Injunction; it is also ORDERED that a telephone conference shall be held on 2/14/08 at 11:00 a.m. Signed by Judge Robert E. Payne on 2/12/08. (jtho, ) (Entered: 02/12/2008)

for proceedings held before Judge Robert E. Payne : Telephone Conference held on 2/14/2008. Court time: 15 mins. (sneal, )

ORDER the United States shall be afforded an opportunity to file a brief amicus curiae or to intervene, if and as, the United States shall be so advised, serving copies upon the parties; ORDERED that by 3/6/2008, United States file a statement of its intention to either intervene or to file a brief amicus curiae; Further ORDERED if United States determines to file a brief or to intervene, it shall file a brief addressing the defendants' motion to dismiss, insofar as it shall implicate the interest of the United States by April 14, 2008; Further ORDERED that by April 29, 2008 defendants file response to the position taken by the United States and that by May 14, 2008 the plaintiff file it's response to the position taken by the United States and defendants; Clerk is directed to send copy of this order to all counsel of record and to Debra Prillaman, Esquire, Assistant United States Attorney who shall assure that a copy of this Order is delivered to the appropriate representative of the agency involved and the Department of Justice. Signed by Judge Robert E. Payne on 2/15/2008. (cgar) (Entered: 02/15/2008)

ORDER for Preservation of Records (SEE ORDER FOR DETAILS). Signed by Judge Robert E. Payne on 2/15/2008. (cgar) (Entered: 02/15/2008)

ANSWER to Complaint and AFFIRMATIVE DEFENSES by James S. Reinhard, Denise D. Micheletti, Charles M. Davis.(Thro, William) (Entered: 02/15/2008)

ORDER that the Initial Pretrial Conference scheduled for 10:00 a.m. on 2/20/08 is cancelled. Signed by Judge Robert E. Payne on 2/15/08. (jtho, ) (Entered: 02/15/2008)

STATUS REPORT and Response to Order of February 15, 2008 by UNITED STATES OF AMERICA. (Prillaman, Debra) (Entered: 03/06/2008)

NOTICE by UNITED STATES OF AMERICA of its Non-Participation in this Action (Prillaman, Debra) (Entered: 04/09/2008)

Set/Reset Hearings: Motion Hearing set for 5/15/2008 at 01:30 PM before Robert E. Payne. (sneal, )

for proceedings held before Robert E. Payne: Telephone Conference held on 5/12/2008. (sneal, )

ORDER denying without prejudice to the filing by May 19, 2008 7 Motion to Dismiss; Defts elect to file a proper motion, Pltf's response shall be filed May 30, 2008 and Defts' reply shall be filed on June 4, 2008 and oral argument, if necessary, shall be held at 1:30 p.m. on June 27, 2008. Signed by Robert E. Payne on 5/15/2008. (cgar) (Entered: 05/15/2008)

MOTION to Dismiss and Memorandum in Support of Renewed Motion to Dismiss by James S. Reinhard, Denise D. Micheletti, Charles M. Davis. (Thro, William) (Entered: 05/19/2008)

RESPONSE in Opposition re 22 MOTION to Dismiss and Memorandum in Support of Renewed Motion to Dismiss filed by Commonwealth of Virginia, Virginia Office for Protection and Advocacy. (Buckley, Paul) (Entered: 05/30/2008)

REPLY to Response to Motion re 22 MOTION to Dismiss and Memorandum in Support of Renewed Motion to Dismiss filed by Commonwealth of Virginia, Virginia Office for Protection and Advocacy. (Tysinger, Allyson) (Entered: 06/04/2008)

Set/Reset Hearings: Motion Hearing set for 6/27/2008 at 01:30 PM before Robert E. Payne. (sneal, )

Minute Entry for proceedings held before Robert E. Payne: Parties by counsel. Argumetns had on Defts' Renewed Motion to Dismiss. Motion not ruled on at this time. Motion Hearing held on 6/27/2008 re 7 MOTION to Dismiss filed by Denise D. Micheletti, James S. Reinhard, Charles M. Davis. (Court Reporter Peppy Strahan, OCR.) (sneal, ) (Entered: 06/27/2008)

STATUS REPORT by James S. Reinhard, Denise D. Micheletti, Charles M. Davis. (Thro, William) (Entered: 07/03/2008)

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 7/18/2008. (cgar) (Entered: 07/18/2008)

ORDER denying 22 Renewed Motion to Dismiss. Signed by District Judge Robert E. Payne on 7/18/2008. (cgar) (Entered: 07/18/2008)

MOTION for Summary Judgment and Memorandum in Support by Commonwealth of Virginia, Virginia Office for Protection and Advocacy. (Buckley, Paul) Modified on 7/29/2008 (cgar). (Entered: 07/25/2008)

NOTICE OF INTERLOCUTORY APPEAL as to 28 Order on Motion to Dismiss, 27 Memorandum & Opinion by James S. Reinhard, Denise D. Micheletti, Charles M. Davis. (Thro, William) Modified on 7/30/2008 (cgar). (Entered: 07/29/2008)

USCA Appeal Fees received $ 455 receipt number 300005930 re 30 Notice of Interlocutory Appeal filed by Denise D. Micheletti, James S. Reinhard, Charles M. Davis (lbre, ) (Entered: 07/30/2008)

Transmission of Notice of Appeal to US Court of Appeals re 30 Notice of Appeal (lbre, ) (Entered: 07/30/2008)

MOTION to Stay all Proceedings Pending Appeal by James S. Reinhard, Denise D. Micheletti and Charles M. Davis. (cgar) (Entered: 08/01/2008)

USCA, Fourth Circuit, Case Number 08-1845, Case Manager JMoore for 30 Notice of Appeal filed by Denise D. Micheletti, James S. Reinhard, Charles M. Davis. (lbre, )

ORDER withdrawing without prejudice 29 Motion for Summary Judgment pending resolution of interlocutory appeal; granting 33 Motion to Stay All Proceedings pending resolution of interlocutory appeal. Signed by District Judge Robert E. Payne on 9/8/2008. (cgar) (Entered: 09/09/2008)

Published Opinion of USCA re 30 Notice of Appeal : The judgment of the district court is REVERSED, and the case is REMANDED with directions to dismiss it. (lbre) (Entered: 06/02/2009)

USCA JUDGMENT as to 30 Notice of Appeal filed by Denise D. Micheletti, James S. Reinhard, Charles M. Davis : In accordance with the decision of this Court, the judgment of the District Court is REVERSED. 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. (lbre, ) (Entered: 06/02/2009)

Appeal Remark re 30 Notice of Appeal : This Court's mandate has been stayed pending disposition of a petition for panel and/or en banc rehearing. (lbre, ) (Entered: 06/19/2009)

ORDER of USCA as to 30 Notice of Appeal filed by Denise D. Micheletti, James S. Reinhard, Charles M. Davis : The Court denies the petition for rehearing and rehearing en banc. No judge requested a poll under Fed. R. App. P. 35 on the petition for rehearing en banc.(lbre, ) (Entered: 08/03/2009)

USCA Mandate re 30 Notice of Appeal :The judgment of this Court, entered 6/02/09, takes effect today. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (lbre, ) (Entered: 08/10/2009)

ORDER above-captioned matter is dismissed with prejudice. Signed by District Judge Robert E. Payne on 8/24/2009. (cgar) (Entered: 08/24/2009)

Appeal Remark re 30 Notice of Appeal : SUPREME COURT petition for writ of certiorari filed. (lbre, ) (Entered: 06/25/2010)

Appeal Remark re 30 Notice of Appeal : SUPREME COURT petition for writ of certiorari granted. (lbre, ) (Entered: 06/25/2010)

Appeal Remark re 30 Notice of Appeal : USCA's TRANSMITTAL OF SUPREME COURT RECORD REQUEST - Attached is a copy of the U.S. Supreme Court's letter requesting transmittal of the record on appeal. (lbre, ) (Entered: 09/22/2010)

Appeal Remark re 30 Notice of Appeal : USCA's TRANSMITTAL OF SUPREME COURT RECORD - Volume One. (lbre, ) (Entered: 09/22/2010)

Appeal Remark re 30 Notice of Appeal : Transmittal of USDC record to United States Supreme Court - Volume 2 (Documents 1-45)(Volume 1 transmitted by USCA).(lbre, ) (Entered: 09/23/2010)

ORDER of USCA as to 30 Notice of Appeal filed by Denise D. Micheletti, James S. Reinhard, Charles M. Davis : The Supreme Court has reversed our judgment in this case. In accordance with the Supreme Courts mandate, we remand the case to the district court for further proceedings consistent with the Supreme Courts decision. Entered at the direction of Judge Wilkinson with the concurrence of Senior Circuit Judge Siler and Chief District Judge Conrad. (lbre, ) (Entered: 05/24/2011)

USCA JUDGMENT as to 30 Notice of Appeal filed by Denise D. Micheletti, James S. Reinhard, Charles M. Davis : The Supreme Court of the United States has remanded this case to this court for further action. In accordance with the decision of this court, this case is REMANDED TO THE DISTRICT COURT.This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (lbre, ) (Entered: 05/24/2011)

Appeal Record Returned by Supreme Court of the United States re 30 Notice of Appeal : Pleadings 1-45. (lbre, ) (Entered: 06/08/2011)

USCA Mandate re 30 Notice of Appeal : The judgment of this court, entered 5/23/2011, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (lbre, ) (Entered: 06/14/2011)

MOTION for Summary Judgment by Commonwealth of Virginia, Virginia Office for Protection and Advocacy. (Buckley, Paul) (Entered: 07/28/2011)

MOTION for Settlement by Commonwealth of Virginia, Virginia Office for Protection and Advocacy. (Buckley, Paul) (Entered: 08/12/2011)

Notice of Correction re: Document 51 ; the filing user has been notified that the "Settlement Agreement" should have been included as a separate attachment to Document 51 . The filing user has also been reminded to include the /s/ signature block with all documents filed electronically. (walk, )

STIPULATION OF DISMISSAL AND AGREED FINAL ORDER. Signed by District Judge Robert E. Payne on 9/6/2011. (Attachment: # 1 Exhibit A)(lhin, ) (Entered: 09/06/2011)

1 Exhibit A

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