Case: Holloway v. City of Virginia Beach

2:18-cv-00069 | U.S. District Court for the Eastern District of Virginia

Filed Date: Aug. 28, 2018

Closed Date: Nov. 27, 2023

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Case Summary

On November 20, 2017, Plaintiff Latasha Holloway submitted an application to proceed in forma pauperis ("IFP") and a proposed complaint in the Richmond Division of the United States District Court for the Eastern District of Virginia. In the proposed complaint, Plaintiff alleged that the City of Virginia Beach, Virginia's at-large election of its City Council violated the Voting Rights Act, 42 U.S.C. §1983, the Americans with Disabilities Act, the Voting Accessibility for the Elderly and Handicapped Act, and her First, Fourteenth, and Fifteenth Amendment rights under the United States Constitution and seeking declaratory and injunctive relief. Specifically, Plaintiff sought to have the at-large voting system replaced with a system of wards or single-member districts. On December 13, 2017, Plaintiff filed a Motion for Appointment of Counsel. Plaintiff's case was subsequently transferred to the Norfolk Division of the Eastern District and assigned to Judge Arenda Wright Allen. The Court accepted Plaintiff's IFP application on February 12, 2018 and directed the Clerk to file the complaint. The Court also denied Plaintiff's Motion for Appointment of Counsel without prejudice, meaning Plaintiff could subsequently renew her request. Plaintiff appealed to the U.S. Court of Appeals for the Fourth Circuit. The Fouth Circuit dismissed the appeal because it was interlocutory, i.e., a non-final ruling which it lacked jurisdiction to decide.

On April 10, 2018, the City filed a motion to dismiss for failure to state a claim, arguing that Plaintiff failed to allege facts to support her claims, which were implausible on their face. On June 5, 2018, Plaintiff responded to the City’s motion to dismiss, attaching an affidavit alleging factual support for her claims. Plaintiff filed multiple additional motions pro se, and on September 24, 2018, counsel noticed their appearance on Plaintiff’s behalf. The next day, counsel for Holloway filed a motion for leave to file an amended complaint and to withdraw all other pending motions, which the Court granted on September 26, 2018. 2018 WL 11509767. As a result, the City’s motion to dismiss and all of Holloway’s pending motions were dismissed as moot.

On November 13, 2018, Plaintiff, along with Georgia Allen, an individual who was an unsuccessful candidate for an at-large seat on the City Council, filed their amended complaint against the City of Virginia Beach, the Virginia Beach City Council and ten councilmembers in their official capacities, David L. Hansen in his official capacity as City Manager, and Donna Patterson in her official capacity as Director of Elections and General Registrar for the City of Virginia Beach. In contrast to the original complaint, which alleged six claims for relief, the amended complaint contained one claim for relief under Section 2 of the Voting Rights Act, 52 U.S.C. 10301. The amended complaint sought declaratory and injunctive relief—requesting a judgment that the at-large system diluted the voting strength of minority voters and an order that future City Council elections be conducted using a method that complied with the Constitution and Voting Rights Act—and damages for costs, attorneys’ fees, and other litigation expenses.

On October 22, 2019, Defendants moved for summary judgment. The case was reassigned to Judge Raymond Jackson on February 26, 2020. Judge Jackson denied the Motion for Summary Judgment on March 11, 2020. On March 19, 2020, Defendants moved for limited certification of appealability, which the Court denied on April 16, 2020. 2020 WL 1891863. Defendants then filed a motion to dismiss for lack of jurisdiction on June 30, 2020, which the Court denied on August 17, 2020, finding the matter was in fact ripe for judicial determination. 2020 WL 4758362.

A bench trial was held from October 6, 2020 through October 14, 2020. At the conclusion of the bench trial, the parties submitted proposed findings of fact and law, and the Court ultimately decided the case on March 31, 2021. Before the Court issued its decision, however, Defendants informed the Court on March 22, 2021 of the enaction of HB2198, which changed the City’s at-large system for the election of councilmembers. Specifically, HB2198 provided that any City Council candidate who was subject to a district-based residency requirement must be elected by the voters of that district, not by the locality at large. As a result, 7 of the 10 councilmembers would no longer be elected using the at-large system.

Despite passage of HB2198, the Court found that the at-large election system for the Virginia Beach City Council denied Hispanics, African Americans, and Asians equal access to the electoral and political process, in contravention of Section 2 of the Voting Rights Act, and enjoined any further use of such system. The City of Virginia Beach was further prohibited from using any practice, policy, or procedure or other action that resulted in the dilution of the minority population in the electoral process. The Court also granted Plaintiffs’ request for attorneys’ fees, costs, and litigation expenses. 531 F.Supp.3d 1015.

On April 29, 2021, Defendants filed a notice of appeal to the United States Court of Appeals for the Fourth Circuit. The appeal was held in abeyance, by order of the Fourth Circuit on July 12, 2021, pending the District Court’s issuance of a remedial order and final judgment. On May 12, 2021, the District Court ordered the parties to submit remedial plans by July 1, 2021 to redress the at-large election system. Following the parties’ remedial plan submissions, on August 9, 2021, the District Court issued an order appointing Dr. Bernard N. Grofman, Professor of Political Science as the University of California, Irvine, as the Special Master for the purpose of submitting a report and recommendation to the District Court. The Special Master Report was filed on October 26, 2021, supplemented on December 21, 2021, and adopted by the District Court on December 22, 2021. 2021 WL 6199585. The District Court ordered the City of Virginia Beach to implement the plan.

Defendants appealed to the Fourth Circuit on December 27, 2021, and on July 27, 2022, the Fourth Circuit Court of Appeals vacated the District Court’s trial judgment as moot, given the enactment of HB2198. 42 F.4th 266. The Fourth Circuit remanded the case for the District Court to consider whether Plaintiffs could amend their complaint, develop the record more fully, or bring new challenges.

On October 10, 2022, Plaintiffs filed a Motion to Stay the proceedings until March 2023, after the newly elected City Council for Virginia Beach had the opportunity to decide on a method for conducting elections. Defendants opposed the Motion to Stay and also moved to dismiss for lack of jurisdiction. The United States District Court for the Eastern District of Virginia granted Plaintiffs’ Motion to Stay and denied the Motion to Dismiss on November 15, 2022. 2022 WL 16950269. On September 6, 2023, Defendants filed a notice notifying the Court and the parties that on August 15, 2023, the Virginia Beach City Council adopted a redistricting plan and authorized the implementation of a ten single-member district system of local elections, which was the plan prepared by Special Master Dr. Bernard N. Grofman. Plaintiffs, with the stipulation of Defendants, dismissed the action on November 27, 2023. This constituted the last filing in the case.

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Summary Authors

Lauren Jameson (12/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14488256/parties/holloway-v-city-of-virginia-beach-virginia/

Judge(s)

Attorney for Plaintiff

Chlopak, Erin Rebecca (Virginia)

Gaber, Mark Peter (Virginia)

Greenwood, Ruth Merewyn (Virginia)

Attorney for Defendant

Boynton, Christopher Scott (Virginia)

Denton, Jeremiah A. (Virginia)

Judge(s)

Jackson, Raymond Alvin (Virginia)

Attorney for Plaintiff

Chlopak, Erin Rebecca (Virginia)

Gaber, Mark Peter (Virginia)

Greenwood, Ruth Merewyn (Virginia)

Harless, Annabelle Elizabeth (Virginia)

Hebert, Joseph Gerald (Virginia)

Lamar, Christopher DeSean (Virginia)

Lang, Danielle Marie (Virginia)

Leeper, Simone Tyler (Virginia)

Paikowsky, Dana (Virginia)

Smith, Paul March (Virginia)

Weiner, Robert Neil (Virginia)

Wright, Charquia Venee (Virginia)

Attorney for Defendant

Boynton, Christopher Scott (Virginia)

Denton, Jeremiah A. (Virginia)

Harris, Gerald Logan (Virginia)

Kurt, Joseph Martin (Virginia)

Lewis, Patrick T (Virginia)

McKnight, Katherine Lea (Virginia)

Prouty, Erika Dackin (Virginia)

Raile, Richard Bryan (Virginia)

Tower, Guy (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1-1 2:18-cv-00069	Motion for Declaratory Judgment And Injunctive Relief	Nov. 20, 2017	Nov. 20, 2017 Pleading / Motion / Brief
5 2:18-cv-00069	Motion for Declaratory Judgment and Injunctive Relief	Feb. 12, 2018	Feb. 12, 2018 Pleading / Motion / Brief
7 2:18-cv-00069	Notice of Appeal	Feb. 15, 2018	Feb. 15, 2018 Pleading / Motion / Brief
6 18-cv-01186	Informal Brief of Plaintiff U.S. Court of Appeals for the Fourth Circuit	March 14, 2018	March 14, 2018 Pleading / Motion / Brief
14 2:18-cv-00069	Memorandum Of Law In Support Of Motion to Dismiss	April 10, 2018	April 10, 2018 Pleading / Motion / Brief
13 2:18-cv-00069	Motion to Dismiss on Behalf of the City of Virginia Beach	April 10, 2018	April 10, 2018 Pleading / Motion / Brief
7 18-cv-01186	Per Curiam Unpublished Opinion Dismissing Appeal for Lack of Jurisdiction U.S. Court of Appeals for the Fourth Circuit	April 24, 2018	April 24, 2018 Order/Opinion
26 2:18-cv-00069	Reply Objection And Memorandum Of Law In Support In Opposition To Defendant's Motion To Dismiss	June 5, 2018	June 5, 2018 Pleading / Motion / Brief
27 2:18-cv-00069	Affidavit of Latasha Holloway	June 7, 2018	June 7, 2018 Declaration/Affidavit
30 2:18-cv-00069	Defendant's Reply To Plaintiff's Brief In Opposition To The Defendants' Motion To Dismiss	June 19, 2018	June 19, 2018 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14488256/holloway-v-city-of-virginia-beach-virginia/

Last updated Dec. 21, 2024, 8:46 a.m.

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ECF Number	Description	Date	Link Date / Link
1	MOTION for Leave to Proceed in forma pauperis by Latasha Holloway. (Attachments: # 1 Complaint)(tjoh, ) (Entered: 11/20/2017) 1 Complaint View on Clearinghouse	Nov. 20, 2017	Nov. 20, 2017 PACER
2	MOTION to Appoint Counsel by Latasha Holloway. (tjoh, ) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
3	MEMORANDUM ORDER that this matter is before the Court sua sponte upon its review of the allegations in Plaintiff Latasha Holloway's proposed Complaint. (ECF Nos. 1 -1) (please see Order for additional information.) Accordingly, pursuant to 28 U.S.C. § 139l(b)(2) and Local Civil Rule 3(C), venue lies in the Norfolk Division, and is not proper in the Richmond Division. Accordingly, the Court TRANSFERS this matter to the Norfolk Division. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 02/02/2018. Copy mailed to Plaintiff. (walk, ) (Entered: 02/02/2018)	Feb. 2, 2018	Feb. 2, 2018 PACER
	Case transferred in from Richmond Division. Case Number 3:17cv773. (afar)	Feb. 5, 2018	Feb. 5, 2018 PACER
	Case Transferred In - Divisional Transfer	Feb. 5, 2018	Feb. 5, 2018 PACER
4	ORDER: The Court GRANTS Plaintiff's IFP Application, ECF No. 1, and the Clerk is DIRECTED to file Plaintiff's Complaint. The Clerk is further DIRECTED to prepare a Notice of Lawsuit and Waiver of Service form for Defendant. A copy of the Complaint, this Order, the Notice of Lawsuit, and two copies of the Waiver of Service form are to be sent to Defendant at the address provided by Plaintiff. If Defendant fails to waive service, the Clerk is DIRECTED to (i) issue summons, (ii) prepare a packet containing a summons, a copy of the Complaint, and this Order for Defendant, and (iii) deliver the packets to the United States Marshal, who is DIRECTED to serve the packet upon Defendant. Plaintiff's Motion for Appointment of Counsel, ECF No. 2, is DENIED at this time without prejudice. A copy of this Order was sent to Plaintiff as DIRECTED on 2.12.18. Signed by District Judge Arenda L. Wright Allen and filed on 2/12/2018. (epri) (Entered: 02/12/2018)	Feb. 12, 2018	Feb. 12, 2018 PACER
5	COMPLAINT against City of Virginia Beach, Virginia, filed by Latasha Holloway.(epri) (Entered: 02/12/2018)	Feb. 12, 2018	Feb. 12, 2018 Clearinghouse
6	MOTION FOR LEAVE TO FILE INTERLOCUTORY APPEAL by Latasha Holloway. (epri) (Entered: 02/16/2018)	Feb. 15, 2018	Feb. 15, 2018 PACER
7	NOTICE OF APPEAL as to 4 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Appoint Counsel, by Latasha Holloway. (epri) (Entered: 02/16/2018)	Feb. 15, 2018	Feb. 15, 2018 Clearinghouse
8	Transmission of Notice of Appeal to US Court of Appeals re 7 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)(epri) (Entered: 02/16/2018)	Feb. 16, 2018	Feb. 16, 2018 PACER
	Assembled INITIAL Electronic Record Transmitted to 4CCA	Feb. 16, 2018	Feb. 16, 2018 PACER
	Assembled INITIAL Electronic Record Transmitted to 4CCA re 7 Notice of Appeal (epri)	Feb. 16, 2018	Feb. 16, 2018 PACER
9	USCA Case Number 18-1186 4CCA Case Manager - Ashley Brownlee - for 7 Notice of Appeal filed by Latasha Holloway. (18-1186) (epri) (Entered: 02/16/2018)	Feb. 16, 2018	Feb. 16, 2018 RECAP
10	MOTION TO STAY PROCEEDINGS PENDING APPEAL by Latasha Holloway. (epri) (Entered: 02/16/2018)	Feb. 16, 2018	Feb. 16, 2018 RECAP
11	ORDER: Plaintiff's Motion for Leave to File Interlocutory Appeal, ECF No. 6, is DENIED. The Court will DEFER its ruling on Plaintiff's Motion to Stay, ECF No. 10, until Defendant files its responsive pleading with the Court. Copies of this Order sent as DIRECTED on 2.23.18. Signed by District Judge Arenda L. Wright Allen and filed on 2/23/2018. (epri) (Entered: 02/23/2018)	Feb. 23, 2018	Feb. 23, 2018 PACER
12	WAIVER OF SERVICE Returned Executed by City of Virginia Beach, Virginia. City of Virginia Beach, Virginia waiver sent on 2/12/2018. (Attachments: # 1 Letter)(jjon) (Entered: 03/07/2018)	March 7, 2018	March 7, 2018 PACER
13	MOTION to Dismiss for Failure to State a Claim with Roseboro,. by City of Virginia Beach, Virginia. (Harris, Gerald) (Entered: 04/10/2018)	April 10, 2018	April 10, 2018 Clearinghouse
14	Memorandum in Support re 13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by City of Virginia Beach, Virginia. (Attachments: # 1 Exhibit A)(Harris, Gerald) (Entered: 04/10/2018) 1 Exhibit A View on PACER	April 10, 2018	April 10, 2018 Clearinghouse
15	NOTICE of Appearance by Joseph Martin Kurt on behalf of City of Virginia Beach, Virginia (Kurt, Joseph) (Entered: 04/10/2018)	April 10, 2018	April 10, 2018 PACER
	Notice of Correction re 15 Notice of Appearance. Unfortunately, document number 15 does not include a Certificate of Service. Please file the Certificate of Service as a separate document. Use the Certificate of Service event (under notices) and link the Certificate of Service to the document it was omitted from. (jjon)	April 11, 2018	April 11, 2018 PACER
	Notice of Correction	April 11, 2018	April 11, 2018 PACER
16	CERTIFICATE of Service re 15 Notice of Appearance by Joseph Martin Kurt on behalf of City of Virginia Beach, Virginia (Kurt, Joseph) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
17	NOTICE of Appearance by Christopher Scott Boynton on behalf of City of Virginia Beach, Virginia (Boynton, Christopher) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
18	ORDER: Plaintiff's Motion to Stay, ECF No. 10, is GRANTED, and this action is stayed pending the resolution of Plaintiff's appeal to the Fourth Circuit. Copies of this Order sent as DIRECTED on 4.12.18. Signed by District Judge Arenda L. Wright Allen and filed on 4/12/2018. (epri) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
19	Opinion of USCA (Copy) DISMISSED re 7 Notice of Appeal attached copy of judgment will not take effect until issuance of the mandate. Dismissed by unpublished per curiam opinion. (18-1186) (epri) (Entered: 04/24/2018)	April 24, 2018	April 24, 2018 PACER
20	USCA JUDGMENT as to 7 Notice of Appeal filed by Latasha Holloway. In accordance with the decision of this court, this appeal is dismissed.This judgment shall take effect upon issuance of this court's mandate inaccordance with Fed. R. App. P. 41. (18-1186) (epri) (Entered: 04/24/2018)	April 24, 2018	April 24, 2018 PACER
21	USCA Mandate re 7 Notice of Appeal. The judgment of this court, entered April 24, 2018, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (18-1186) (epri) (Entered: 05/16/2018)	May 16, 2018	May 16, 2018 PACER
22	ORDER: To the extent Plaintiff wishes to file a response brief in opposition to Defendant's Motion to Dismiss, Plaintiff is DIRECTED to do so within twenty-one days from the date of entry of this Order. To the extent Defendant wishes to reply to any response brief filed by Plaintiff, Defendant is DIRECTED to do so within six days after the service of Plaintiff's response brief. Copies of this Order sent as DIRECTED on 5.21.18. Signed by District Judge Arenda L. Wright Allen on 5/18/2018. (epri) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
23	MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT, re 13, by Latasha Holloway. (epri) (Entered: 05/22/2018)	May 22, 2018	May 22, 2018 PACER
24	RENEWED MOTION FOR APPOINTTMENT OF COUNSEL by Latasha Holloway. (epri) (Entered: 05/22/2018)	May 22, 2018	May 22, 2018 PACER
25	ORDER: Plaintiff's Motion for Extension, ECF No. 23, is GRANTED. To the extent Plaintiff wishes to file a response brief in opposition to Defendant's Motion to Dismiss, Plaintiff is DIRECTED to do so within forty-five days from the date of entry of this Order. To the extent Defendant wishes to reply to any response brief filed by Plaintiff, Defendant is DIRECTED to do so within fourteen days after the service of Plaintiff's response brief. Further, Plaintiff's Renewed Motion for Appointment of Counsel, ECF No. 24, is DENIED at this time without prejudice. Copies of this Order sent as DIRECTED on 6.5.18. Signed by District Judge Arenda L. Wright Allen and filed on 6/5/2018. (epri) (Entered: 06/05/2018)	June 5, 2018	June 5, 2018 PACER
26	REPLY OBJECTION AND MEMORANDUM OF LAW IN SUPPORT IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS filed by Latasha Holloway. (Attachments: # 1 Letter)(epri) (Entered: 06/05/2018) 1 Letter View on RECAP	June 5, 2018	June 5, 2018 Clearinghouse
27	AFFIDAVIT OF LATASHA HOLLOWAY re 26 Response in Opposition to Motion by Latasha Holloway. (Attachments: # 1 Letter)(epri) (Entered: 06/07/2018) 1 Letter View on PACER	June 7, 2018	June 7, 2018 Clearinghouse
28	MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AND JOIN ADDITIONAL PARTIES DEFENDANTS by Latasha Holloway. (Attachments: # 1 Proposed Complaint)(epri) (Entered: 06/11/2018)	June 11, 2018	June 11, 2018 PACER
29	Duplicate documents to 26, 28, by Latasha Holloway. (epri) (Entered: 06/19/2018)	June 18, 2018	June 18, 2018 PACER
30	REPLY to Response to Motion re 13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by City of Virginia Beach, Virginia. (Harris, Gerald) (Entered: 06/19/2018)	June 19, 2018	June 19, 2018 Clearinghouse
31	RESPONSE in Opposition re 28 MOTION for Leave to File Amended Complaint and Add Additional Defendants filed by City of Virginia Beach, Virginia. (Harris, Gerald) (Entered: 06/21/2018)	June 21, 2018	June 21, 2018 PACER
32	MOTION to Amend by Latasha Holloway. (Attachments: # 1 Proposed amended)(epri) (Entered: 06/28/2018)	June 28, 2018	June 28, 2018 PACER
33	MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT by Latasha Holloway. (epri) (Entered: 06/28/2018)	June 28, 2018	June 28, 2018 PACER
34	PLAINTIFF'S MOTION TO CERTIFY CASE AS A CLASS by Latasha Holloway. (epri) (Entered: 06/28/2018)	June 28, 2018	June 28, 2018 RECAP
35	MOTION - Memorandum of Law In Support of Motion to Request Preliminary Injunction by Latasha Holloway. (Attachments: # 1 Letter)(afar) (Entered: 07/03/2018) 1 Letter View on PACER	June 29, 2018	June 29, 2018 Clearinghouse
36	AMENDED AFFIDAVIT by Latasha Holloway. (afar) (Entered: 07/03/2018)	June 29, 2018	June 29, 2018 PACER
37	MOTION to Reconsider Appointment of Counsel by Latasha Holloway. (afar) (Entered: 07/05/2018)	July 5, 2018	July 5, 2018 RECAP
38	RESPONSE in Opposition re 34 MOTION TO CERTIFY CASE AS A CLASS filed by City of Virginia Beach, Virginia. (Harris, Gerald) (Entered: 07/10/2018)	July 10, 2018	July 10, 2018 RECAP
39	Memorandum in Opposition re 35 MOTION for Preliminary Injunction filed by City of Virginia Beach, Virginia. (Kurt, Joseph) (Entered: 07/12/2018)	July 12, 2018	July 12, 2018 Clearinghouse
40	Consolidated Reply Memorandum In Opposition to City's Brief In Opposition to Plaintiff's Amended Complaint For Declaratory and Injunctive Relief and Preliminary Injunction filed by Latasha Holloway. (afar) (Entered: 07/27/2018)	July 27, 2018	July 27, 2018 Clearinghouse
41	MOTION TO STAY PROCEEDINGS AND MEMORANDUM IN SUPPORT by Latasha Holloway. (epri) (Entered: 08/02/2018)	Aug. 2, 2018	Aug. 2, 2018 PACER
42	AFFIDAVIT OF GEORGIA F. ALLEN (Attachments: # 1 Envelope)(epri) (Entered: 08/13/2018) 1 Envelope View on PACER	Aug. 13, 2018	Aug. 13, 2018 PACER
43	PLAINTIFF' S MOTION TO ADD PARTIES GEORGIA F. ALLEN BRIEF IN SUPPORT by Latasha Holloway. (Attachments: # 1 Exhibit, # 2 Letter, # 3 Proposed Order)(epri) (Entered: 08/14/2018) 1 Exhibit View on PACER 2 Letter View on PACER 3 Proposed Order View on PACER	Aug. 14, 2018	Aug. 14, 2018 PACER
44	Memorandum in Opposition re 43 MOTION to Add Parties to Amended Complaint filed by City of Virginia Beach, Virginia. (Harris, Gerald) (Entered: 08/17/2018)	Aug. 17, 2018	Aug. 17, 2018 PACER
45	NOTICE by City of Virginia Beach, Virginia of Waiver of Oral Hearing on Pending Motions (Harris, Gerald) (Entered: 08/17/2018)	Aug. 17, 2018	Aug. 17, 2018 PACER
46	PLAINTIFF' S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STAY AND AMENDED COMPLAINT, re 41 and 43 filed by Latasha Holloway (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Letter)(epri) (Entered: 08/21/2018)	Aug. 21, 2018	Aug. 21, 2018 PACER
47	NOTICE of Appearance by Charquia Venee Wright on behalf of Latasha Holloway (Wright, Charquia) (Entered: 09/24/2018)	Sept. 24, 2018	Sept. 24, 2018 PACER
	Notice of Correction	Sept. 24, 2018	Sept. 24, 2018 PACER
	Notice of Correction re 47 Notice of Appearance. The filing user has been notified that document (47) is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document.(epri)	Sept. 24, 2018	Sept. 24, 2018 PACER
48	NOTICE of Appearance by Charquia Venee Wright on behalf of Latasha Holloway (Wright, Charquia) (Entered: 09/24/2018)	Sept. 24, 2018	Sept. 24, 2018 RECAP
49	Motion to appear Pro Hac Vice by Ruth M. Greenwood and Certification of Local Counsel Charquia Wright Filing fee $ 75, receipt number 0422-6286172. by Latasha Holloway. (Wright, Charquia) (Entered: 09/24/2018)	Sept. 24, 2018	Sept. 24, 2018 PACER
50	NOTICE of Appearance by J. Gerald Hebert on behalf of Latasha Holloway (Hebert, J.) (Entered: 09/25/2018)	Sept. 25, 2018	Sept. 25, 2018 PACER
51	Motion to appear Pro Hac Vice by Danielle Lang and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6287890. by Latasha Holloway. (Hebert, J.) (Entered: 09/25/2018)	Sept. 25, 2018	Sept. 25, 2018 RECAP
52	Motion to appear Pro Hac Vice by Annabelle Elizabeth Harless and Certification of Local Counsel Charquia Wright Filing fee $ 75, receipt number 0422-6288200. by Latasha Holloway. (Wright, Charquia) (Entered: 09/25/2018)	Sept. 25, 2018	Sept. 25, 2018 PACER
53	MOTION to Amend/Correct 5 Complaint and Withdraw All Other Pending Motions by Latasha Holloway. (Attachments: # 1 Proposed Order)(Wright, Charquia) (Entered: 09/25/2018) 1 Proposed Order View on PACER	Sept. 25, 2018	Sept. 25, 2018 RECAP
54	Brief in Support to 53 MOTION to Amend/Correct 5 Complaint and Withdraw All Other Pending Motions filed by Latasha Holloway. (Wright, Charquia) (Entered: 09/25/2018)	Sept. 25, 2018	Sept. 25, 2018 PACER
55	Waiver of re 53 MOTION to Amend/Correct 5 Complaint and Withdraw All Other Pending Motions Waiver of Oral Argument by Latasha Holloway (Wright, Charquia) (Entered: 09/25/2018)	Sept. 25, 2018	Sept. 25, 2018 PACER
56	ORDER granting 51, the Motion to appear Pro Hac Vice by Danielle Lang as certified by local counsel J. Gerald Hebert for Latasha Holloway. Signed by District Judge Arenda L. Wright Allen on 9/26/2018. (Allen, Arenda) (Entered: 09/26/2018)	Sept. 26, 2018	Sept. 26, 2018 PACER
57	Motion to appear Pro Hac Vice by Paul M. Smith and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6289359. by Latasha Holloway. (Hebert, J.) (Entered: 09/26/2018)	Sept. 26, 2018	Sept. 26, 2018 PACER
58	ORDER granting 52, the Motion to appear Pro Hac Vice by Annabelle Elizabeth Harless as certified by local counsel Charquia Wright for Latasha Holloway. Signed by District Judge Arenda L. Wright Allen on 9/26/2018. (Allen, Arenda) (Entered: 09/26/2018)	Sept. 26, 2018	Sept. 26, 2018 PACER
59	ORDER: The Court GRANTS Plaintiff leave to file an Amended Complaint within forty-five days from the date of entry of this Order. As a result, Defendant's Motion to Dismiss, ECF No, 13, is DISMISSED as moot; Plaintiff's First Motion to Amend, ECF No. 28, is DISMISSED as moot; Plaintiff's Second Motion to Amend, ECF No. 32, is DISMISSED as moot; Plaintiffs Motion for Extension, ECF No. 33, is DISMISSED as moot; Plaintiff's Motion to Certify, ECF No. 34, is DISMISSED as moot; Plaintiff's Motion for Preliminary Injunction, ECF No. 35, is DISMISSED as moot; Plaintiff's Motion for Reconsideration, ECF No. 37, is DISMISSED as moot; Plaintiff's Motion to Stay, ECF No. 41, is DISMISSESD as moot; and Plaintiff's Third Motion to Amend, ECF No. 43, is DISMISSED as moot. Copies of this Order sent as DIRECTED on 9.26.18. Signed by District Judge Arenda L. Wright Allen and filed n 9/26/2018. (epri) (Entered: 09/26/2018)	Sept. 26, 2018	Sept. 26, 2018 PACER
60	ORDER granting 57, the Motion to appear Pro Hac Vice by Paul M. Smith as certified by local counsel J. Gerald Hebert for Latasha Holloway. Signed by District Judge Arenda L. Wright Allen on 9/27/2018. (Allen, Arenda) (Entered: 09/27/2018)	Sept. 27, 2018	Sept. 27, 2018 PACER
61	ORDER granting 49, the Motion to appear Pro Hac Vice by Ruth M. Greenwood as certified by local counsel Charquia Wright for Latasha Holloway. Signed by District Judge Arenda L. Wright Allen on 10/02/2018. (Allen, Arenda) (Entered: 10/02/2018)	Oct. 2, 2018	Oct. 2, 2018 PACER
62	AMENDED COMPLAINT against All Defendants, filed by Latasha Holloway, Georgia Allen. (Attachments: # 1 Exhibit Summons for Barbara Henley, # 2 Exhibit Summons for Ben Davenport, # 3 Exhibit Summons for David L. Hansen, # 4 Exhibit Summons for Donna Patterson, # 5 Exhibit Summons for James Wood, # 6 Exhibit Summons for Jessica Abbot, # 7 Exhibit Summons for John Moss, # 8 Exhibit Summons for John Uhrin, # 9 Exhibit Summons for Louis Jones, # 10 Exhibit Summons for Robert Dyer, # 11 Exhibit Summons for Rosemary Wilson, # 12 Exhibit Summons for Shannon Kane, # 13 Exhibit Summons for Virginia Beach City Council)(Wright, Charquia) (Entered: 11/13/2018) 1 Exhibit Summons for Barbara Henley View on PACER 2 Exhibit Summons for Ben Davenport View on PACER 3 Exhibit Summons for David L. Hansen View on PACER 4 Exhibit Summons for Donna Patterson View on PACER 5 Exhibit Summons for James Wood View on PACER 6 Exhibit Summons for Jessica Abbot View on PACER 7 Exhibit Summons for John Moss View on PACER 8 Exhibit Summons for John Uhrin View on PACER 9 Exhibit Summons for Louis Jones View on PACER 10 Exhibit Summons for Robert Dyer View on PACER 11 Exhibit Summons for Rosemary Wilson View on PACER 12 Exhibit Summons for Shannon Kane View on PACER 13 Exhibit Summons for Virginia Beach City Council View on PACER	Nov. 13, 2018	Nov. 13, 2018 Clearinghouse
63	Summonses Issued as to All Defendants. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Summons Davenport, # 2 Summons Dyer, # 3 Summons Hansen, # 4 Summons Henley, # 5 Summons Jones, # 6 Summons Kane, # 7 Summons Moss, # 8 Summons Patterson, # 9 Summons VB City Council, # 10 Summons Wilson, # 11 Summons Wood, # 12 Civil Motions Procedure)(dcou, ) (Entered: 11/14/2018)	Nov. 14, 2018	Nov. 14, 2018 PACER
64	MOTION for Extension of Time to File Response/Reply as to 62 Amended Complaint,, by City of Virginia Beach, Virginia. (Harris, Gerald) (Entered: 11/16/2018)	Nov. 16, 2018	Nov. 16, 2018 PACER
	MOTIONS REFERRED to Magistrate Judge: Krask. 64 MOTION for Extension of Time to File Response/Reply as to 62 Amended Complaint,, (dcou, )	Nov. 19, 2018	Nov. 19, 2018 PACER
	Motions Referred	Nov. 19, 2018	Nov. 19, 2018 PACER
65	ORDER granting 64 Motion for Extension of Time to File Response/Reply. Defendant City of Virginia Beach's time for responding to the plaintiffs' amended complaint is extended to match the filing deadline for the newly added defendants, who have agreed to waive service of process. Signed by Magistrate Judge Robert J. Krask on 11/20/2018. (Krask, Robert) (Entered: 11/20/2018)	Nov. 20, 2018	Nov. 20, 2018 PACER
66	WAIVER OF SERVICE Returned Executed. (Attachments: # 1 Letter)(dcou, ) (Entered: 12/04/2018)	Dec. 3, 2018	Dec. 3, 2018 PACER
67	ANSWER to Complaint by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, Donna Patterson, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood.(Harris, Gerald) (Entered: 01/24/2019)	Jan. 24, 2019	Jan. 24, 2019 PACER
	Refer for 16(b) (dcou, )	Jan. 25, 2019	Jan. 25, 2019 PACER
	Refer for 16(b)	Jan. 25, 2019	Jan. 25, 2019 PACER
68	MOTION to Substitute Party Pursuant to Fed. R. Civ. P. 25(d) by Georgia Allen, Latasha Holloway. (Wright, Charquia) (Entered: 01/31/2019)	Jan. 31, 2019	Jan. 31, 2019 PACER
69	MOTION to Withdraw as Attorney by Georgia Allen, Latasha Holloway. (Wright, Charquia) (Entered: 01/31/2019)	Jan. 31, 2019	Jan. 31, 2019 PACER
70	ORDER granting 69, the Motion to Withdraw as Attorney filed by Charquia Venee Wright; Ms. Wright has concluded her engagement at the firm handling this matter on behalf of Plaintiffs. Defendants do not oppose this withdrawal. Signed by District Judge Arenda L. Wright Allen on 2/1/2019. (Allen, Arenda) (Entered: 02/01/2019)	Feb. 1, 2019	Feb. 1, 2019 PACER
71	RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 3/20/2019 at 11:00 AM in Norfolk Courtroom 3. Signed by Magistrate Judge Robert J. Krask on 3/4/2019, filed 3/5/2019. (vwar) (Entered: 03/05/2019)	March 5, 2019	March 5, 2019 PACER
	Scheduling Conference - Rule 16b held on 3/20/2019. (lhow)	March 20, 2019	March 20, 2019 PACER
	Scheduling Conference - Rule 16b	March 20, 2019	March 20, 2019 PACER
72	Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 12/20/2019 at 11:00 AM at the courthouse in Norfolk. Bench Trial set for 1/14/2020 at 10:00 AM in Norfolk. Signed by District Judge Arenda L. Wright Allen and filed on 4/2/19. (lhow) (Entered: 04/02/2019)	April 2, 2019	April 2, 2019 PACER
73	ORDER granting 68, the Motion to Substitute Parties, as follows: Ben Davenport and John Uhrin, two Defendants named in their official capacities, no longer hold elected office. The parties jointly stipulate that the new active members of the City Council of Virginia Beach, David Nygaard, Aaron R. Rouse, and Sabrina Wooten, shall be named Defendants. Signed by District Judge Arenda L. Wright Allen on 4/9/2019. (Allen, Arenda) (Entered: 04/09/2019)	April 9, 2019	April 9, 2019 PACER
	Set/Reset Hearings: Settlement Conference set for 9/16/2019 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Robert J. Krask. (jjon)	April 30, 2019	April 30, 2019 PACER
	Set/Reset Hearings	April 30, 2019	April 30, 2019 PACER
74	Settlement Conference Order: Settlement conference scheduled for September 16, 2019 at 9:30 a.m.; memorandum due September 9, 2019 by noon; see Order for details. Signed by Magistrate Judge Robert J. Krask on 5/1/2019. (dcou, ) (Entered: 05/01/2019)	May 1, 2019	May 1, 2019 PACER
75	MOTION for Protective Order by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) (Entered: 05/15/2019)	May 15, 2019	May 15, 2019 PACER
76	Memorandum in Support re 75 MOTION for Protective Order filed by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: # 1 Exhibit)(Kurt, Joseph) (Entered: 05/15/2019)	May 15, 2019	May 15, 2019 PACER
77	Motion to appear Pro Hac Vice by Christopher Lamar and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6664329. by Georgia Allen, Latasha Holloway. (Hebert, Joseph) (Entered: 05/29/2019)	May 29, 2019	May 29, 2019 PACER
78	Memorandum in Opposition re 75 MOTION for Protective Order filed by Georgia Allen, Latasha Holloway. (Attachments: # 1 Exhibit Exhibit 1)(Hebert, Joseph) (Entered: 05/29/2019)	May 29, 2019	May 29, 2019 PACER
79	MOTION to Bifurcate by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
80	Memorandum in Support re 79 MOTION to Bifurcate Trial filed by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 RECAP
	Notice of Correction re 77 Motion to appear Pro Hac Vice by Christopher Lamar and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6664329. The Clerk's Office has notified counsel regarding incomplete information. When re-filed counsel should not pay a second filing fee. (tlev, )	June 4, 2019	June 4, 2019 PACER
	Notice of Correction	June 4, 2019	June 4, 2019 PACER
81	REPLY to Response to Motion re 75 MOTION for Protective Order filed by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) (Entered: 06/04/2019)	June 4, 2019	June 4, 2019 PACER
82	Request for Hearing by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re 75 MOTION for Protective Order, 76 Memorandum in Support, (Kurt, Joseph) (Entered: 06/12/2019)	June 12, 2019	June 12, 2019 PACER

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Case Details

State / Territory: Virginia

Case Type(s):

Election/Voting Rights

Disability Rights

Speech and Religious Freedom

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 28, 2018

Closing Date: Nov. 27, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two eligible and registered African-American voters residing in Virginia Beach, VA, one of whom was an unsuccessful candidate for an at-large seat on the Virginia Beach City Council.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Virginia Beach (Virginia Beach, Virginia Beach), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: