Case: The Public Interest Legal Foundation v. Reed

1:16-cv-01375 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 31, 2016

Closed Date: Feb. 3, 2017

Clearinghouse coding complete

Case Summary

This case involved allegations from the Plaintiff, the Public Interest Legal Foundation Inc. (“PILF”) that the Defendant, the General Registrar for the City of Manassas (“GR”), failed to maintain accurate voter rolls and failed to provide access to public records, resulting in the inclusion of ineligible voters and violation of transparency requirements under the National Voter Registration Act of 1993 (“NVRA”). Plaintiff filed a lawsuit in the U.S. District Court Eastern District of Virginia o…

This case involved allegations from the Plaintiff, the Public Interest Legal Foundation Inc. (“PILF”) that the Defendant, the General Registrar for the City of Manassas (“GR”), failed to maintain accurate voter rolls and failed to provide access to public records, resulting in the inclusion of ineligible voters and violation of transparency requirements under the National Voter Registration Act of 1993 (“NVRA”).

Plaintiff filed a lawsuit in the U.S. District Court Eastern District of Virginia on October 31, 2016. Plaintiff cited the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20507 and cited related cases Lake v. Neal, 585 F.3d 1059 (7th Cir. 2009), Davis v. Freedom of Information Commission, 259 Conn. 45 (2002). Defendant cited the Driver Privacy Protection Act of 1994 (“DPPA”). The case was assigned initially to Judge Gerald Bruce Lee and later Judge Claude M. Hilton.

Plaintiff had two key allegations. First, that defendant had failed to maintain accurate voter rolls, resulting in the inclusion of ineligible voters. The categories of ineligible voters included deceased individuals; non-residents; and duplicate registrations. Second, defendant had failed to provide access to public records, resulting in the violation of the NVRA’s transparency requirements, that were put in place to verify the accuracy and integrity of voter rolls. Plaintiff sought declaratory and injunctive relief to force the defendant’s compliance with Section 8 NVRA (administrative requirements of the State).

Defendant filed a motion to dismiss on November 25, 2026, on the grounds that the privacy provision of the DPPA, 18 U.S.C. §§ 2721-2725, overrides the public disclosure provision of the NVRA under the circumstance of this case. Defendant argued actions were in compliance with law and noncitizen cancellation reports derived from the DPPA, which prohibits disclosure of such reports as they do not fall under the category of list maintenance documents. Additionally, defendant argued cases cited by plaintiff were not binding upon the Court and were distinguishable. Defendant argued that in Lake v. Neal, the case concerned a voter registration form and not a noncitizen cancellation form, that have different disclosure requirements under the Virginia Code. Similarly in Davis v. Freedom of Information Commission, defendant argued the case does not relate to disclosure of citizenship data.

Plaintiff submitted their opposition to GR’s motion to dismiss on December 6, 2016 and the Court denied defendant's motion to dismiss on January 27, 2017, finding that the DPPA does not apply to the disclosure of the voter information requested by Plaintiff. Case was dismissed on February 3, 2017 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as all claims in the action had been resolved by private settlement and the parties requested the case be dismissed, with each party bearing its own costs and attorneys’ fees.

Summary Authors

(6/6/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13369855/parties/the-public-interest-legal-foundation-v-reed/


Judge(s)

Hilton, Claude M. (Virginia)

Hilton, Claude M. (Virginia)

Lee, Gerald Bruce (Virginia)

Attorney for Plaintiff

Adams, John Christian (Virginia)

Attorney for Defendant
Expert/Monitor/Master/Other

Hilton, Claude M.

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Documents in the Clearinghouse

Document
001

1:16-cv-01375

Complaint

Oct. 31, 2016

Oct. 31, 2016

Complaint
007

1:16-cv-01375

Answer

Nov. 21, 2016

Nov. 21, 2016

Pleading / Motion / Brief
008

1:16-cv-01375

Susan Reed's Motion to Dismiss Pursuant to Rules 12(b)(6)

Nov. 25, 2016

Nov. 25, 2016

Pleading / Motion / Brief
009

1:16-cv-01375

Susan Reed's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Memorandum of Points and Authorities

Nov. 25, 2016

Nov. 25, 2016

Pleading / Motion / Brief
011

1:16-cv-01375

Response in Opposition to Susan Reed's Motion to Dismiss Pursuant to Rule 12(b)(6)

Dec. 6, 2016

Dec. 6, 2016

Pleading / Motion / Brief
012

1:16-cv-01375

Response to Opposition to Susan Reed's Motion to Dismiss Pursuant to Rule 12(b)(6)

Dec. 6, 2016

Dec. 6, 2016

Pleading / Motion / Brief
016

1:16-cv-01375

Susan Reed's Reply to Plaintiff's Memorandum in Opposition to Defendant's motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and Memorandum of Points and Authorities

Dec. 12, 2016

Dec. 12, 2016

Pleading / Motion / Brief
018

1:16-cv-01375

Joint Discovery Plan

Dec. 14, 2016

Dec. 14, 2016

Pleading / Motion / Brief
021

1:16-cv-01375

Rule 16(B) Scheduling Order

Dec. 15, 2016

Dec. 15, 2016

Order/Opinion
022

1:16-cv-01375

Susan Reed's Reply to the Republican Party of Virginia's Amicus Curiae Brief in Opposition to Defendant's Motion to Dismiss

Dec. 20, 2016

Dec. 20, 2016

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13369855/the-public-interest-legal-foundation-v-reed/

Last updated Oct. 28, 2025, 6:14 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Susan Reed filed by The Public Interest Legal Foundation ( Filing fee $ 400.00, receipt number 0422-5229673). (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(pmil, ) (Entered: 11/02/2016)

1 Civil Cover Sheet

View on RECAP

2 Exhibit A

View on RECAP

3 Exhibit B

View on RECAP

Oct. 31, 2016

Oct. 31, 2016

RECAP
2

Proposed Summons by The Public Interest Legal Foundation. (Adams, John) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

RECAP
3

Summons Issued for service by SPS as to Susan Reed. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachment for each defendant to be served with the complaint. (Attachments: # 1 Notice to Attorney - Attachment)(pmil, ) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
4

Financial Interest Disclosure Statement (Local Rule 7.1) by The Public Interest Legal Foundation. (Adams, John) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

RECAP
5

NOTICE of Appearance by William Woodul Tunner on behalf of Susan Reed (Tunner, William) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
6

SUMMONS Returned Executed as to Susan Reed; served on 11/4/2016, answer due 11/25/2016 (pmil, ) (Entered: 11/17/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
7

ANSWER to 1 Complaint by Susan Reed.(Tunner, William) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

RECAP
8

MOTION to Dismiss for Failure to State a Claim by Susan Reed. (Tunner, William) (Entered: 11/25/2016)

Nov. 25, 2016

Nov. 25, 2016

RECAP
9

Memorandum in Support re 8 MOTION to Dismiss for Failure to State a Claim filed by Susan Reed. (Tunner, William) (Entered: 11/25/2016)

Nov. 25, 2016

Nov. 25, 2016

RECAP

Notice of Correction re: 8 MOTION to Dismiss for Failure to State a Claim . The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (pmil, )

Nov. 28, 2016

Nov. 28, 2016

10

SCHEDULING ORDER:Initial Pretrial Conference set for 12/21/2016 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Final Pretrial Conference set for 4/20/2017 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. Discovery due by 4/14/2017. Signed by District Judge Gerald Bruce Lee on 11/29/2016. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice)(rban, ) (Entered: 11/30/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
11

RESPONSE in Opposition re 8 MOTION to Dismiss for Failure to State a Claim filed by The Public Interest Legal Foundation. (Adams, John) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

RECAP
12

Memorandum in Opposition re 8 MOTION to Dismiss for Failure to State a Claim filed by The Public Interest Legal Foundation. (Adams, John) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

RECAP
13

CERTIFICATE of Service re 11 Response in Opposition to Motion by John Christian Adams on behalf of The Public Interest Legal Foundation (Adams, John) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
14

CERTIFICATE of Service re 12 Memorandum in Opposition by John Christian Adams on behalf of The Public Interest Legal Foundation (Adams, John) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

RECAP
15

Notice of Hearing Date set for January 6, 2017 re 8 MOTION to Dismiss for Failure to State a Claim (Tunner, William) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER

Set Deadlines as to 8 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 1/6/2017 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (dest, )

Dec. 8, 2016

Dec. 8, 2016

16

Reply to Motion re 8 MOTION to Dismiss for Failure to State a Claim, REPLY to Response to Motion filed by Susan Reed. (Tunner, William) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

RECAP
17

First MOTION for Leave to File Brief Amicus Curiae by Republican Party of Virginia, Inc.. (Attachments: # 1 Supplement Brief Amicus Curiae of Republican Party of Virginia, # 2 Exhibit Driver's License and Identification Card Application)(Marston, Christopher) (Entered: 12/14/2016)

1 Supplement Brief Amicus Curiae of Republican Party of Virginia

View on PACER

2 Exhibit Driver's License and Identification Card Application

View on PACER

Dec. 14, 2016

Dec. 14, 2016

PACER
18

Joint Discovery Plan by The Public Interest Legal Foundation.(Adams, John) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

RECAP
19

Notice of Hearing Date re 8 MOTION to Dismiss for Failure to State a Claim (Tunner, William) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
20

Notice of Hearing Date re 17 First MOTION for Leave to File Brief Amicus Curiae (Marston, Christopher) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
21

Order Rule 16(b) Scheduling Order - Upon consideration of the record and the representations made by the parties in their discovery plan, the court makes the following rulings: The Rule 26(f) report filed by the parties is approved and shall control discovery to the extent of its application, unless modified by the court herein and hereafter (SEE ORDER FOR FURTHER DETAILS). Signed by Magistrate Judge Michael S. Nachmanoff on 12/15/2016. (wgar, ) (Entered: 12/16/2016)

Dec. 15, 2016

Dec. 15, 2016

RECAP

Deadline terminated - Initial Pretrial Conference set for 12/21/2016 at 11:00 AM before Judge Nachmanoff terminated per MSN chambers. (cmar, )

Dec. 15, 2016

Dec. 15, 2016

Set Deadlines as to 8 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 12/13/2016 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (dest, )

Dec. 15, 2016

Dec. 15, 2016

Reset Deadlines as to 8 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 1/13/2017 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (dest, )

Dec. 15, 2016

Dec. 15, 2016

Set Deadlines as to 17 First MOTION for Leave to File Brief Amicus Curiae. Motion Hearing set for 1/13/2017 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (dest, )

Dec. 15, 2016

Dec. 15, 2016

22

Memorandum in Opposition re 17 First MOTION for Leave to File Brief Amicus Curiae filed by Susan Reed. (Tunner, William) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

RECAP
23

ORDER that Republic Party of Virginia, Inc.'s 17 Motion for Leave to File an Amicus Curiae Brief is GRANTED ; because Deft has already filed a Reply to the Amicus Curiae Brief, no further filing is required in connection with Deft's Motion to Dismiss. Signed by District Judge Gerald Bruce Lee on 12/21/16. (pmil, ) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

RECAP

Per GBL chambers motions set for 1/13/17 to be continued date to be determined (clar, )

Jan. 12, 2017

Jan. 12, 2017

Reset Deadlines as to 8 MOTION to Dismiss for Failure to State a Claim . set for 1/13/2017 now set for 1/27/2017 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (Per GBL chambers) (clar, )

Jan. 17, 2017

Jan. 17, 2017

Reset Deadlines as to 8 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 1/27/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (Per GBL chambers) (clar, )

Jan. 18, 2017

Jan. 18, 2017

Per CMH chambers motions set for 1/27/17 on the pleading (clar, )

Jan. 26, 2017

Jan. 26, 2017

24

ORDER that Deft Susan Reed's 8 Motion to Dismiss is DENIED (see Order for details). Signed by District Judge Claude M. Hilton on 01/27/17. (pmil, ) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

RECAP
25

STIPULATION of Dismissal by Susan Reed. (Tunner, William) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

RECAP
26

STIPULATION OF DISMISSAL AND ORDER that all claims in this action have been resolved and all claims in this action are dismissed with prejudice. Signed by District Judge Claude M. Hilton on 02/03/17. (pmil, ) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP

Case Details

State / Territory:

Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 31, 2016

Closing Date: Feb. 3, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Public Interest Legal Foundation Inc. - a U.S. non-profit legal organization that focuses on election integrity and the enforcement of election laws.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Susan Reed, General Registrar for the City of Manassas (City of Manassa, Alexandria), City

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Virginia 1:16-cv-01375

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Recordkeeping

Required disclosure

Amount Defendant Pays: Each party to pay own fees

Issues

Voting:

Election administration