Case: Seaman v. The Commonwealth of Virginia

3:22-cv-00006 | U.S. District Court for the Western District of Virginia

Filed Date: Feb. 1, 2022

Closed Date: Dec. 16, 2022

Clearinghouse coding complete

Case Summary

This suit was filed in the Charlottesville Division of the U.S. District Court for the Western District of Virginia on February 1, 2022. The plaintiffs, a group of parents representing their children, brought this action against the Commonwealth of Virginia, Governor Glenn Youngkin, the Virginia attorney general, the Virginia superintendent of public instruction, and the acting Virginia health commissioner. They argued that Governor Youngkin's signing of Executive Order 2, which prevented state…

This suit was filed in the Charlottesville Division of the U.S. District Court for the Western District of Virginia on February 1, 2022. The plaintiffs, a group of parents representing their children, brought this action against the Commonwealth of Virginia, Governor Glenn Youngkin, the Virginia attorney general, the Virginia superintendent of public instruction, and the acting Virginia health commissioner. They argued that Governor Youngkin's signing of Executive Order 2, which prevented state school districts from enacting universal mask requirements in response to COVID-19, jeopardized the health of their children that had disabilities. Specifically, they claimed that this order violated the ADA, Rehabilitation Act, and 14th Amendment of the U.S. Constitution and sought declaratory relief, injunctive relief, and attorneys' fees. The plaintiffs were represented by private counsel, the ACLU Foundation of Virginia, the disAbility Law Center of Virginia, and the Washington Lawyers' Committee for Civil Rights and Urban Affairs.  

With their original complaint, the plaintiffs filed a motion for a temporary restraining order and preliminary injunction that would stop enforcement of Executive Order 2. Later that month, on February 18, 2022, the plaintiffs submitted an amended complaint in response to the state legislature's passing of Senate Bill 739, which codified Executive Order 2 into Virginia Law. On February 22, the plaintiffs also filed a supplement to their motion for a temporary restraining order and preliminary injunction to add S.B. 739 as a subject of their requested injunctive relief. The defendants promptly filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim on February 28.

On March 23, 2022, Judge Norman K. Moon issued a preliminary injunction. Judge Moon explained that the merits of the claim and possibility of irreparable harm justified a preliminary injunction. 593 F. Supp. 3d 293. The defendants filed an appeal on April 22, 2022, but it was dismissed at the parties' stipulation on August 24.

The case was eventually referred to Magistrate Judge Joel C. Hoppe, who ordered a settlement conference. The resulting negotiations led to a joint motion to dismiss, which was submitted on December 12, 2022. As part of the settlement, the defendants agreed to send a letter to superintendents of the plaintiffs' schools. The letter explained that, among other things, both Executive Order 2 and Senate Bill 739 remained in place, but that the plaintiffs could request masking accommodations from the school. The plaintiffs also received $295,000 in attorneys' fees.

The court granted the motion to dismiss on December 15, 2022. The case is now closed.

Summary Authors

Jacob Hebda (3/27/2023)

Christina Van Wagenen (5/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62644546/parties/seaman-v-the-commonwealth-of-virginia/


Judge(s)
Attorney for Plaintiff

Banner, Kaitlin (Virginia)

Callahan, Matthew (Virginia)

Chilton, Kerry Maureen (Virginia)

Attorney for Defendant

Brown, Calvin Cameron (Virginia)

Chiang, Annie (Virginia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

3:22-cv-00006

Complaint for Declaratory and Injunctive Relief

Feb. 1, 2022

Feb. 1, 2022

Complaint
24

3:22-cv-00006

First Amended Complaint for Declaratory and Injunctive Relief

Feb. 18, 2022

Feb. 18, 2022

Complaint
68

3:22-cv-00006

Injunction Order

March 23, 2022

March 23, 2022

Order/Opinion
116

3:22-cv-00006

Joint Motion to Dismiss and Retain Jurisdiction

Dec. 12, 2022

Dec. 12, 2022

Pleading / Motion / Brief
116-2

3:22-cv-00006

Settlement Agreement

Dec. 12, 2022

Dec. 12, 2022

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62644546/seaman-v-the-commonwealth-of-virginia/

Last updated July 1, 2026, 8 a.m.

Docket for: Seaman v. The Commonwealth of Virginia
ECF Number Date Description Link
1 Feb. 1, 2022

COMPLAINT against Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin (Filing & Administrative fee $ 402 receipt AVAWDC 3880149.), filed by L.W., Elizabeth Allison Lyons, S.K., Christopher Seaman, Tasha Nelson, Lori Dooley, Lindsey Dougherty, R.M., Kimberly Crawley, Brian Mulligan, K.R., Roch Dufrain, Denille Francis, Elizabeth Burnett, Meghan Dufrain. (Attachments: # 1 Exhibit Executive Order, # 2 Civil Cover Sheet)(hnw)

1 Exhibit Executive Order

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2 Civil Cover Sheet

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2 Feb. 1, 2022

Electronic Summons Issued as to Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 Summons Issued, # 2 Summons Issued, # 3 Summons Issued, # 4 Summons Issued)(hnw)

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3 Feb. 1, 2022

MOTION to Proceed Pseudonymously re 1 Complaint, by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Text of Proposed Order)(Heilman, Eden)

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4 Feb. 10, 2022

MOTION for Temporary Restraining Order by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Text of Proposed Order)(Heilman, Eden)

1 Text of Proposed Order

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5 Feb. 10, 2022

Brief / Memorandum in Support re 4 MOTION for Temporary Restraining Order . filed by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit List)(Heilman, Eden)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit List

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6 Feb. 10, 2022

MOTION to Seal by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Text of Proposed Order)(Heilman, Eden)

1 Text of Proposed Order

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7 Feb. 10, 2022

Brief / Memorandum in Support re 6 MOTION to Seal . filed by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Heilman, Eden)

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8 Feb. 10, 2022

NOTICE by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman re 6 Motion to Seal (Heilman, Eden)

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9 Feb. 14, 2022

MOTION for Sharon Krevor-Weisbaum to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3889168. by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 [PROPOSED] ORDER - Pro Hac Vice Motion)(Hill, Eve)

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10 Feb. 15, 2022

SUMMONS Returned Executed by L.W., Elizabeth Allison Lyons, S.K., Christopher Seaman, Tasha Nelson, Lori Dooley, Lindsey Dougherty, R.M., Kimberly Crawley, Brian Mulligan, K.R., Roch Dufrain, Denille Francis, Elizabeth Burnett, Meghan Dufrain. Jillian Balow served on 2/10/2022, answer due 3/3/2022; Colin Greene served on 2/2/2022, answer due 2/23/2022; Jason Miyares served on 2/2/2022, answer due 2/23/2022; The Commonwealth of Virginia served on 2/7/2022, answer due 2/28/2022; Glenn Youngkin served on 2/7/2022, answer due 2/28/2022.(Heilman, Eden)

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11 Feb. 16, 2022

NOTICE of Hearing on Motion 4 MOTION for Temporary Restraining Order : (CR) (Click on this link for guidance for participation via Zoom and Click on this link for instructions on how to listen to public hearings)VIDEO Motion Hearing set for 2/28/2022 03:00 PM before Senior Judge Norman K. Moon. (hnw)

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12 Feb. 16, 2022

ORDER granting 9 MOTION to Appear Pro Hac Vice as to Sharon Krevor-Weisbaun Signed by Senior Judge Norman K. Moon on 2/16/2022. (hnw)

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13 Feb. 16, 2022

NOTICE of Appearance by Andrew Nathan Ferguson on behalf of All Defendants (Ferguson, Andrew)

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14 Feb. 16, 2022

NOTICE of Appearance by Annie Chiang on behalf of All Defendants (Chiang, Annie)

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15 Feb. 16, 2022

NOTICE of Appearance by Lucas Wayne Eugene Croslow on behalf of All Defendants (Croslow, Lucas)

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16 Feb. 16, 2022

MOTION for Monique Gillum to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3891839. by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Heilman, Eden) Modified on 2/17/2022 to correct docket text and motion type (dg).

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17 Feb. 16, 2022

MOTION for Matthew Callahan to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3891841. by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Heilman, Eden)

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Feb. 16, 2022

Notice of Hearing on Motion

18 Feb. 17, 2022

MOTION for Jessica P. Weber to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3892036. by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Text of Proposed Order)(Hill, Eve)

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19 Feb. 17, 2022

NOTICE of Appearance by Sharon M Krevor-Weisbaum on behalf of All Plaintiffs (Krevor-Weisbaum, Sharon)

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20 Feb. 17, 2022

NOTICE of TELEPHONIC Hearing: (CR) Status Conference set for February 22, 2022 at 9:00 AM by telephone conference before Senior Judge Norman K. Moon. (Parties to receive dial-in information via email.) (ca)

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21 Feb. 17, 2022

MOTION for Kaitlin Banner to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3892452. by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Text of Proposed Order)(Hill, Eve)

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22 Feb. 17, 2022

NOTICE of Appearance by Steven George Popps on behalf of All Defendants (Popps, Steven)

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Feb. 17, 2022

Notice of Hearing

23 Feb. 18, 2022

MOTION for Erika L. Maley to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3893072. by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Ferguson, Andrew)

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24 Feb. 18, 2022

AMENDED COMPLAINT First Amended Complaint for Declaratory and Injunctive Relief against Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin, filed by L.W., Elizabeth Allison Lyons, S.K., Christopher Seaman, Tasha Nelson, Lori Dooley, Lindsey Dougherty, R.M., Kimberly Crawley, Brian Mulligan, K.R., Roch Dufrain, Denille Francis, Elizabeth Burnett, Meghan Dufrain.(Hill, Eve)

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25 Feb. 22, 2022

ORAL ORDER; Upon consideration of the Motion for Erika Maley to appear pro hac vice, Dkt. 23, and upon notice that the movant has sought to withdraw the motion, the Court accordingly will treat the motion as withdrawn and terminates it as moot. The Clerks Office shall refund any pro hac vice fees submitted in connection with this motion. Entered by Senior Judge Norman K. Moon on 2/22/22. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(hnw)

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26 Feb. 22, 2022

ORDER granting 16 MOTION to Appear Pro Hac Vice as to Monique Gillum Signed by Senior Judge Norman K. Moon on 2/22/22. (hnw)

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27 Feb. 22, 2022

ORDER granting 21 MOTION to Appear Pro Hac Vice as to Kaitlin Banner Signed by Senior Judge Norman K. Moon on 2/22/22. (hnw)

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28 Feb. 22, 2022

ORDER granting 17 MOTION to Appear Pro Hac Vice Attorney Matthew Callahan for Elizabeth Burnett,Matthew Callahan for Kimberly Crawley,Matthew Callahan for Lori Dooley,Matthew Callahan for Lindsey Dougherty,Matthew Callahan for Meghan Dufrain,Matthew Callahan for Roch Dufrain,Matthew Callahan for Denille Francis,Matthew Callahan for K.R.,Matthew Callahan for L.W.,Matthew Callahan for Elizabeth Allison Lyons,Matthew Callahan for Brian Mulligan,Matthew Callahan for Tasha Nelson,Matthew Callahan for R.M.,Matthew Callahan for S.K.,Matthew Callahan for Christopher Seaman added Signed by Senior Judge Norman K. Moon on 2/22/22. (hnw)

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29 Feb. 22, 2022

Supplemental MOTION for Temporary Restraining Order by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Supplement to Memo in Support for TRO, # 2 Ex. 15 (Supp. Dec. Tasha Nelson), # 3 Ex. 16 (Supp Dec. Elizabeth Burnett), # 4 Ex. 16 Ex. A Redacted, # 5 Ex. 17 (Supp. Dec. Kimberly Crawley), # 6 Ex. 17 Ex. A, # 7 Ex. 17 Ex. B, # 8 Ex. 17 Ex. C, # 9 Ex. 19 Ex. A, # 10 Ex. 19 Ex. B, # 11 Ex. 20 M. Bauer Supp. Decl., # 12 Text of Proposed Order)(Hill, Eve)

1 Supplement to Memo in Support for TRO

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2 Ex. 15 (Supp. Dec. Tasha Nelson)

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3 Ex. 16 (Supp Dec. Elizabeth Burnett)

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4 Ex. 16 Ex. A Redacted

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5 Ex. 17 (Supp. Dec. Kimberly Crawley)

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6 Ex. 17 Ex. A

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7 Ex. 17 Ex. B

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8 Ex. 17 Ex. C

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9 Ex. 19 Ex. A

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10 Ex. 19 Ex. B

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11 Ex. 20 M. Bauer Supp. Decl.

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12 Text of Proposed Order

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30 Feb. 22, 2022

MOTION to Seal Exhibits Attached to Supplemental Memo in Support by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Memo is Support of Motion to Seal, # 2 Text of Proposed Order)(Hill, Eve)

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31 Feb. 22, 2022

NOTICE by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman re 30 (Hill, Eve)

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32 Feb. 22, 2022

Minute Entry for proceedings held before Senior Judge Norman K. Moon: Status Conference held on 2/22/2022. (Court Reporter: Judy Webb) (hnw) (Entered: 02/23/2022)

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Feb. 22, 2022

Order on Motion to Appear Pro Hac Vice

33 Feb. 23, 2022

ORDER granting 18 MOTION to Appear Pro Hac Vice as to Jessica P. Weber Signed by Senior Judge Norman K. Moon on 2/23/2022. (hnw)

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34 Feb. 23, 2022

ORDER granting 3 Motion to File Pseudonymously Signed by Senior Judge Norman K. Moon on 2/23/22. (hnw)

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35 Feb. 23, 2022

ORDER granting 6 Motion to Seal immediately and permanently Exhibits 9, 10, and 11, and their attachments, attachments A and B to Exhibit 3, and attachment A to Exhibit 5 of Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Senior Judge Norman K. Moon on 2/23/2022. (hnw)

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36 Feb. 23, 2022

NOTICE of Hearing on Motion 29 Supplemental MOTION for Temporary Restraining Order, 4 MOTION for Temporary Restraining Order : (CR) (Click on this link for guidance for participation via Zoom and Click on this link for instructions on how to listen to public hearings)Video Motion Hearing set for 3/7/2022 03:00 PM before Senior Judge Norman K. Moon. (hnw)

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37 Feb. 23, 2022

Sealed Document pursuant to Order 35 entered 2/23/22; Letter and List of Exhibits to 5 Plaintiff's Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit Ex 9, # 2 Exhibit Ex 10, # 3 Exhibit Ex 11, # 4 Exhibit Ex 3A, # 5 Exhibit Ex 3B, # 6 Exhibit 5A)(hnw)

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Feb. 23, 2022

Notice of Hearing on Motion

38 Feb. 24, 2022

Order; Agreed Briefing Schedule. Signed by Senior Judge Norman K. Moon on 2/24/2022. (hnw)

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39 Feb. 24, 2022

NOTICE of Appearance by Jessica Paulie Weber on behalf of All Plaintiffs (Weber, Jessica)

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40 Feb. 25, 2022

ORDER granting 30 Motion to Seal exhibits 18 and 19, and their attachments, of Plaintiff's Supplemental Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Senior Judge Norman K. Moon on 2/25/2022. (hnw)

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41 Feb. 25, 2022

Sealed Document pursuant to order 40 entered 2/25/2022; (Attachments: # 1 Exhibit Ex 18 B, # 2 Exhibit Ex 18 C, # 3 Exhibit Ex 18 D, # 4 Exhibit Ex 18 S.K. Dec, # 5 Exhibit Ex 19 Dec of KR) to 29 Plaintiff's Supplemental Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction.(hnw)

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42 Feb. 28, 2022

MOTION to Withdraw Request for Pseudonymity by Jack Nelson (J.N.) and Isaac Crawley (I.C.) by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Hill, Eve)

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43 Feb. 28, 2022

MOTION to Dismiss for Lack of Subject-Matter Jurisdiction and for Failure to State a Claim by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin. (Attachments: # 1 Text of Proposed Order)(Ferguson, Andrew)

1 Text of Proposed Order

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44 Feb. 28, 2022

AFFIDAVIT of Dr. Colin Greene in Support of Motion to Dismiss and in Opposition to Motion for Temporary Restraining Order by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49)(Ferguson, Andrew)

1 Exhibit 1

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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40 Exhibit 40

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48 Exhibit 48

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49 Exhibit 49

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45 Feb. 28, 2022

Declaration of Andrew N. Ferguson, Esq. in Support of Motion to Dismiss and in Opposition to Motion for Temporary Restraining Order by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Ferguson, Andrew)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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46 Feb. 28, 2022

Brief / Memorandum in Opposition re 29 Supplemental MOTION for Temporary Restraining Order, 4 MOTION for Temporary Restraining Order and in Support of Motion to Dismiss. filed by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin. (Ferguson, Andrew)

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47 Feb. 28, 2022

Response re 42 MOTION to Withdraw Request for Pseudonymity by Jack Nelson (J.N.) and Isaac Crawley (I.C.) . filed by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin. (Ferguson, Andrew)

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48 March 1, 2022

Personal Identifier Reference List - Unredacted (SEALED) Ex E- Belt Affidavit ECF no. 45-5 Exhibit E to the Declaration of Andrew N. Ferguson, Esq. in Support of Motion to Dismiss and in Opposition to Motion for Temporary Restraining Order(hnw)

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49 March 3, 2022

NOTICE of Appearance by Monique Gillum on behalf of All Plaintiffs (Gillum, Monique)

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50 March 3, 2022

RESPONSE in Support re 29 Supplemental MOTION for Temporary Restraining Order, 4 MOTION for Temporary Restraining Order . filed by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Exhibit 1 - Smith Declaration, # 2 Exhibit 1-A - Smith Declaration - Emily R, # 3 Exhibit 2 - Third Declaration of Tasha Nelson, # 4 Exhibit 2-A - T. Nelson Decl. 3 ExExhibit 2-A - T. Nelson Decl. 3 Ex, # 5 Exhibit 2-B - T. Nelson Decl. 3 Ex, # 6 Exhibit 2-C - T. Nelson Decl. 3 Ex, # 7 Exhibit 2-D - T. Nelson Decl. 3 Ex, # 8 Exhibit 2-E - T. Nelson Decl. 3 Ex, # 9 Exhibit 2-F - T. Nelson Decl. 3 Ex, # 10 Exhibit 2-G - T. Nelson Decl. 3 Ex, # 11 Exhibit 3 - Second Seaman-Lyons Decl for TRO, # 12 Exhibit 3-A - Seaman Exhibit 3A, # 13 Exhibit 4 - DuFrain Declaration, # 14 Exhibit 4-A - DuFrain Exhibit A, # 15 Exhibit 4-B - DuFrain Feb 7 Emails w-CuCPS Superintendent-DuFrain, # 16 Exhibit 5 - Seaman FOIA Declaration, # 17 Exhibit 5-A - Seaman Exhibit A, # 18 Exhibit 5-B - Seaman Ex B_Order 2 - FOIA Documents)(Hill, Eve)

1 Exhibit 1 - Smith Declaration

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2 Exhibit 1-A - Smith Declaration - Emily R

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3 Exhibit 2 - Third Declaration of Tasha Nelson

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4 Exhibit 2-A - T. Nelson Decl. 3 ExExhibit 2-A - T. Nelson Decl. 3 Ex

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5 Exhibit 2-B - T. Nelson Decl. 3 Ex

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6 Exhibit 2-C - T. Nelson Decl. 3 Ex

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7 Exhibit 2-D - T. Nelson Decl. 3 Ex

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8 Exhibit 2-E - T. Nelson Decl. 3 Ex

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9 Exhibit 2-F - T. Nelson Decl. 3 Ex

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10 Exhibit 2-G - T. Nelson Decl. 3 Ex

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11 Exhibit 3 - Second Seaman-Lyons Decl for TRO

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12 Exhibit 3-A - Seaman Exhibit 3A

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13 Exhibit 4 - DuFrain Declaration

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14 Exhibit 4-A - DuFrain Exhibit A

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15 Exhibit 4-B - DuFrain Feb 7 Emails w-CuCPS Superintendent-DuFrain

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16 Exhibit 5 - Seaman FOIA Declaration

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17 Exhibit 5-A - Seaman Exhibit A

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18 Exhibit 5-B - Seaman Ex B_Order 2 - FOIA Documents

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51 March 4, 2022

Letter Regarding Filing Error and Attaching Exhibits 50-54 to the Affidavit of Dr. Colin Greene (ECF No. 44) by The Commonwealth of Virginia, Jason Miyares, Colin Greene, Jillian Balow, Glenn Youngkin (Attachments: # 1 Exhibit 50 to Greene Affidavit, # 2 Exhibit 51 to Greene Affidavit, # 3 Exhibit 52 to Greene Affidavit, # 4 Exhibit 53 to Greene Affidavit, # 5 Exhibit 54 to Greene Affidavit)(Ferguson, Andrew)

1 Exhibit 50 to Greene Affidavit

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2 Exhibit 51 to Greene Affidavit

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3 Exhibit 52 to Greene Affidavit

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4 Exhibit 53 to Greene Affidavit

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5 Exhibit 54 to Greene Affidavit

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52 March 4, 2022

MOTION for Leave to File Amicus Brief in Opposition of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by Fairfax County Parents Association. (Attachments: # 1 Amicus Brief in Opposition of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction)(Yashar, Shawnna)

1 Amicus Brief in Opposition of Plaintiff's Motion for Temporary Restraining

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53 March 4, 2022

NOTICE of Appearance by Emily Kathryn Haslebacher on behalf of Fairfax County School Board (Haslebacher, Emily)

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54 March 4, 2022

MOTION to File Amicus Curia Brief by Emily K. Haslebacher. by Fairfax County School Board. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order)(Haslebacher, Emily)

1 Exhibit Exhibit A

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2 Text of Proposed Order

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55 March 7, 2022

NOTICE of Appearance by Kaitlin Banner on behalf of All Plaintiffs (Banner, Kaitlin)

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56 March 7, 2022

NOTICE of Appearance on behalf of all plaintiffs by Matthew Callahan on behalf of All Plaintiffs (Callahan, Matthew)

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57 March 7, 2022

Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 3/7/2022 re 29 Supplemental MOTION for Temporary Restraining Order filed by Denille Francis, K.R., Roch Dufrain, R.M., Lori Dooley, Christopher Seaman, L.W., Elizabeth Allison Lyons, Elizabeth Burnett, Tasha Nelson, Meghan Dufrain, Kimberly Crawley, Brian Mulligan, S.K., Lindsey Dougherty, 4 MOTION for Temporary Restraining Order filed by Denille Francis, K.R., Roch Dufrain, R.M., Lori Dooley, Christopher Seaman, L.W., Elizabeth Allison Lyons, Elizabeth Burnett, Meghan Dufrain, Tasha Nelson, Kimberly Crawley, Brian Mulligan, S.K., Lindsey Dougherty. (Court Reporter: Lisa Blair) (hnw) (Entered: 03/08/2022)

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58 March 9, 2022

NOTICE by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman of Supplemental Authority (Attachments: # 1 Exhibit Exhibit A - DOE Letter to Stakeholders, # 2 Exhibit Exhibit B - DOJ Amicus in ET v Paxton, # 3 Exhibit Exhibit C - DOJ Amicus in Disability Rights SC v. McMaster)(Banner, Kaitlin)

1 Exhibit Exhibit A - DOE Letter to Stakeholders

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2 Exhibit Exhibit B - DOJ Amicus in ET v Paxton

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3 Exhibit Exhibit C - DOJ Amicus in Disability Rights SC v. McMaster

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59 March 10, 2022

Response re 58 Notice (Other), . filed by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin. (Chiang, Annie)

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60 March 14, 2022

Reply re 43 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction and for Failure to State a Claim . filed by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Hill, Eve)

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61 March 15, 2022

NOTICE of Appearance by Erika Lauren Maley on behalf of All Defendants (Maley, Erika)

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62 March 17, 2022

TRANSCRIPT REQUEST (3 Day Service) by David Baron for Motion Hearing held on 3/7/2022 reported by Court Reporter Lisa Blair before Judge Norman K. Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (sad)

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63 March 17, 2022

Financial arrangements made (Original) (3 Days Service) re 62 Transcript Request, Transcript due by 3/20/2022. (lmb)

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64 March 17, 2022

TRANSCRIPT of Proceedings: Motions via Zoom held on 3/7/2022 before Judge Norman K. Moon. Court Reporter/Transcriber Lisa Blair, Telephone number lisa_blair@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 4/7/2022. Redacted Transcript Deadline set for 4/18/2022. Release of Transcript Restriction set for 6/15/2022. (lmb)

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March 17, 2022

Financial Arrangements Made

65 March 18, 2022

REPLY to Response to Motion re 43 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction and for Failure to State a Claim . filed by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin. (Ferguson, Andrew)

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66 March 18, 2022

Letter Advising the Court that All Parties Consent To Submission of Defendants' Motion To Dismiss Without a Hearing by The Commonwealth of Virginia, Jason Miyares, Colin Greene, Jillian Balow, Glenn Youngkin (Ferguson, Andrew)

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67 March 23, 2022

MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/23/2022. (hnw)

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68 March 23, 2022

PRELIMINARY INJUNCTION-Plaintiffs' Motions for Preliminary Injunction are GRANTED IN PART, to the extent set forth and for the reasons set forth in the accompanying memorandum opinion. Dkts. 4, 29, and further such relief as set forth in said order. Signed by Senior Judge Norman K. Moon on 3/23/2022. (hnw)

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69 April 5, 2022

ORAL ORDER; Finding good cause shown to afford the movants leave to file their proposed amicus briefs, as stated at this Courts prior motions hearing, the Court granted the motions for leave to file. Dkts. 52 and 54 Entered by Senior Judge Norman K. Moon on 5/5/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(hnw)

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70 April 5, 2022

ORAL ORDER; For the reasons set forth in this Court's opinion dated March 23, 2022, Dkt. 67, the Defendants' motion to dismiss has been and hereby is denied. Dkt. 43 . Entered by Senior Judge Norman K. Moon on 4/5/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(hnw)

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April 5, 2022

Order on Motion to File Amicus Curia Brief AND Order on Motion for Leave to File

April 5, 2022

Order on Motion to Dismiss

71 April 14, 2022

NOTICE of Appearance by Rebecca Sayrd Herbig on behalf of All Plaintiffs (Herbig, Rebecca) (Main Document 71 replaced on 4/14/2022 With Flattened PDF) (hnw).

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72 April 19, 2022

MOTION to Withdraw as Attorney Kerry M. Chilton by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. (Attachments: # 1 Text of Proposed Order)(Chilton, Kerry)

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73 April 19, 2022

NOTICE of Appearance by Thomas John Sanford on behalf of All Defendants (Sanford, Thomas)

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74 April 19, 2022

ANSWER to 24 Amended Complaint, by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin.(Sanford, Thomas)

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75 April 21, 2022

PRETRIAL ORDER, Order Referring Case to Magistrate Judge Joel C. Hoppe. Motions referred to Joel C. Hoppe.. Signed by Senior Judge Norman K. Moon on 4/21/2022. (hnw)

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76 April 22, 2022

ORAL ORDER granting 72 Motion to Withdraw as Attorney. Attorney Kerry Maureen Chilton terminated. Entered by Magistrate Judge Joel C. Hoppe on 4/22/22. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)

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77 April 22, 2022

NOTICE OF APPEAL as to 68 Preliminary Injunction, 67 Memorandum Opinion by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin. Filing fee $ 505, receipt number AVAWDC-3935634. (Ferguson, Andrew)

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April 22, 2022

Order on Motion to Withdraw as Attorney

78 April 26, 2022

Transmittal of Notice of Appeal to 4CCA re 77 Notice of Appeal, NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (hnw)

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79 April 27, 2022

USCA Notice of Appellate Case Opening re 77 Notice of Appeal, filed by Jillian Balow, Jason Miyares, Colin Greene, The Commonwealth of Virginia, Glenn Youngkin. USCA Case Number 22-1455. Case Manager: Kirsten Hancock. (hnw) (Entered: 04/28/2022)

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80 May 5, 2022

NOTICE of Appearance by Calvin Cameron Brown on behalf of All Defendants (Brown, Calvin)

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81 May 5, 2022

NOTICE of Appearance by Jacqueline Cook Hedblom on behalf of Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin (Hedblom, Jacqueline)

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82 May 5, 2022

MOTION for Marja K. Plater to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3944190. by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Hill, Eve)

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83 May 5, 2022

MOTION for Margaret F. Hart to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3944201. by Elizabeth Burnett, Kimberly Crawley, Lori Dooley, Lindsey Dougherty, Meghan Dufrain, Roch Dufrain, Denille Francis, K.R., L.W., Elizabeth Allison Lyons, Brian Mulligan, Tasha Nelson, R.M., S.K., Christopher Seaman. Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Hill, Eve)

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84 May 11, 2022

ORAL ORDER granting 82 MOTION for Marja K. Plater to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 5/11/22. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)

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85 May 11, 2022

ORAL ORDER granting 83 MOTION for Margaret F. Hart to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 5/11/22. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)

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May 11, 2022

Order on Motion to Appear Pro Hac Vice

86 May 17, 2022

NOTICE of Hearing: (CR) Bench Trial set for April 17-May 2, 2023 (April 17-21; April 24-28, and May 1-2) 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw)

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May 17, 2022

Notice of Hearing

87 May 19, 2022

REPORT of Rule 26(f) Planning Meeting (Traubert, Steven)

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88 May 24, 2022

NOTICE of Appearance of Marja Plater by Marja Plater on behalf of All Plaintiffs (Plater, Marja)

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89 May 25, 2022

ORDER regarding Report of Rule 26(f) Planning Meeting 87 . Signed by Magistrate Judge Joel C. Hoppe on 5/25/2022. (hnw)

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90 June 10, 2022

Joint MOTION for Extension of Time to File Rule 26 Initial Disclosures by Jillian Balow, Colin Greene, Jason Miyares, The Commonwealth of Virginia, Glenn Youngkin. Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order Ex. A - Proposed Order)(Popps, Steven)

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Case Details

State / Territory:

Virginia

Case Type(s):

Disability Rights

Education

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Feb. 1, 2022

Closing Date: Dec. 16, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of parents representing their children with disabilities that place them at an increased risk of serious illness or death if they contract COVID-19.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Commonwealth of Virginia

Virginia Department of Education

Virginia Department of Health

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Supremacy Clause

Other Dockets:

Western District of Virginia 3:22-cv-00006

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Amount Defendant Pays: $295,000

Issues

COVID-19:

Attorneys fees or sanctions ordered

Population-Medically vulnerable

Disability and Disability Rights:

Disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation