Case: Nansemond Indian Nation v. Commonwealth of Virginia

2:25-cv-00195 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 1, 2025

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case]. On April 1, 2025, a federally recognized Indian Tribe and a Tribally chartered limited liability company that provides healthcare services to members of the tribe, sued over a "systematic and unlawful campaign by certain agencies and officials of the Commonwealth of Virginia to undermine the sovereign rights of Tribal Nations and obstruct the operation of Tribal Health Programs established under federal law."

Summary Authors

Haleigh Knowles (3/3/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69837120/parties/nansemond-indian-nation-v-commonwealth-of-virginia/

Judge(s)

Attorney for Plaintiff

Barrington, Jessie (Virginia)

Dexter, Lydia (Virginia)

Attorney for Defendant

Barber, Kathryn Margaret (Virginia)

Hatch, Benjamin Lucas (Virginia)

Pumphrey, Brian Emory (Virginia)

Judge(s)

Smith, Rebecca Beach (Virginia)

Attorney for Plaintiff

Barrington, Jessie (Virginia)

Dexter, Lydia (Virginia)

Werkheiser, Gregory Alan (Virginia)

Attorney for Defendant

Barber, Kathryn Margaret (Virginia)

Hatch, Benjamin Lucas (Virginia)

Pumphrey, Brian Emory (Virginia)

Sauter, Mindy Michelle (Virginia)

Woolard, John Justin (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:25-cv-00195	Complaint for Declaratory and Injunctive Relief, Compensatory Damages, and Punitive Damages	April 1, 2025	April 1, 2025 Complaint
17 2:25-cv-00195	Order	April 8, 2025	April 8, 2025 Order/Opinion
39 2:25-cv-00195	Order and Opinion Granting Defendants' Motion to Dismiss	Aug. 8, 2025	Aug. 8, 2025 Order/Opinion 795 F.Supp.3d 733

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69837120/nansemond-indian-nation-v-commonwealth-of-virginia/

Last updated March 3, 2026, 9:16 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint ( Filing fee $ 405, receipt number AVAEDC-10096173.), filed by Fishing Point Healthcare, LLC, Nansemond Indian Nation. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit1, # 3 Exhibit Exhibit2, # 4 Exhibit Exhibit3, # 5 Exhibit Exhibit4, # 6 Exhibit Exhibit5, # 7 Exhibit Exhibit6, # 8 Exhibit Exhibit7, # 9 Exhibit Exhibit8, # 10 Exhibit Exhibit9, # 11 Exhibit Exhibit10, # 12 Exhibit Exhibit11, # 13 Exhibit Exhibit12, # 14 Exhibit Exhibit13, # 15 Exhibit Exhibit14, # 16 Exhibit Exhibit15, # 17 Exhibit Exhibit16, # 18 Exhibit Exhibit17, # 19 Exhibit Exhibit18, # 20 Exhibit Exhibit19, # 21 Exhibit Exhibit20, # 22 Exhibit Exhibit21, # 23 Exhibit Exhibit22, # 24 Exhibit Exhibit23, # 25 Exhibit Exhibit24, # 26 Exhibit Exhibit25, # 27 Exhibit Exhibit26, # 28 Exhibit Exhibit27, # 29 Exhibit Exhibit28, # 30 Exhibit Exhibit29, # 31 Exhibit Exhibit30, # 32 Exhibit Exhibit31, # 33 Exhibit Exhibit32, # 34 Exhibit Exhibit33, # 35 Exhibit Exhibit34, # 36 Exhibit Exhibit35, # 37 Exhibit Exhibit36, # 38 Exhibit Exhibit37, # 39 Exhibit Exhibit38, # 40 Exhibit Exhibit39, # 41 Exhibit Exhibit40, # 42 Exhibit Exhibit41, # 43 Exhibit Exhibit42, # 44 Exhibit Exhibit43, # 45 Exhibit Exhibit44, # 46 Exhibit Exhibit45, # 47 Exhibit Exhibit46, # 48 Exhibit Exhibit47, # 49 Exhibit Exhibit48, # 50 Exhibit Exhibit49, # 51 Exhibit Exhibit50, # 52 Exhibit Exhibit51, # 53 Exhibit Exhibit52, # 54 Exhibit Exhibit53, # 55 Exhibit Exhibit54, # 56 Exhibit Exhibit55, # 57 Exhibit Exhibit56, # 58 Exhibit Exhibit57, # 59 Exhibit Exhibit58, # 60 Exhibit Exhibit59, # 61 Exhibit Exhibit60, # 62 Exhibit Exhibit61, # 63 Exhibit Exhibit62, # 64 Exhibit Exhibit63, # 65 Exhibit Exhibit64, # 66 Exhibit Exhibit65, # 67 Exhibit Exhibit66, # 68 Exhibit Exhibit67, # 69 Exhibit Exhibit68, # 70 Exhibit Exhibit69, # 71 Exhibit Exhibit70, # 72 Exhibit Exhibit71)(Barrington, Jessie) (Entered: 04/01/2025) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Exhibit Exhibit1 View on PACER 3 Exhibit Exhibit2 View on PACER 4 Exhibit Exhibit3 View on PACER 5 Exhibit Exhibit4 View on PACER 6 Exhibit Exhibit5 View on PACER 7 Exhibit Exhibit6 View on PACER 8 Exhibit Exhibit7 View on PACER 9 Exhibit Exhibit8 View on PACER 10 Exhibit Exhibit9 View on PACER 11 Exhibit Exhibit10 View on PACER 12 Exhibit Exhibit11 View on PACER 13 Exhibit Exhibit12 View on PACER 14 Exhibit Exhibit13 View on PACER 15 Exhibit Exhibit14 View on PACER 16 Exhibit Exhibit15 View on PACER 17 Exhibit Exhibit16 View on PACER 18 Exhibit Exhibit17 View on PACER 19 Exhibit Exhibit18 View on PACER 20 Exhibit Exhibit19 View on PACER 21 Exhibit Exhibit20 View on PACER 22 Exhibit Exhibit21 View on PACER 23 Exhibit Exhibit22 View on PACER 24 Exhibit Exhibit23 View on PACER 25 Exhibit Exhibit24 View on PACER 26 Exhibit Exhibit25 View on PACER 27 Exhibit Exhibit26 View on PACER 28 Exhibit Exhibit27 View on PACER 29 Exhibit Exhibit28 View on PACER 30 Exhibit Exhibit29 View on PACER 31 Exhibit Exhibit30 View on PACER 32 Exhibit Exhibit31 View on PACER 33 Exhibit Exhibit32 View on PACER 34 Exhibit Exhibit33 View on PACER 35 Exhibit Exhibit34 View on PACER 36 Exhibit Exhibit35 View on PACER 37 Exhibit Exhibit36 View on PACER 38 Exhibit Exhibit37 View on PACER 39 Exhibit Exhibit38 View on PACER 40 Exhibit Exhibit39 View on PACER 41 Exhibit Exhibit40 View on PACER 42 Exhibit Exhibit41 View on PACER 43 Exhibit Exhibit42 View on PACER 44 Exhibit Exhibit43 View on PACER 45 Exhibit Exhibit44 View on PACER 46 Exhibit Exhibit45 View on PACER 47 Exhibit Exhibit46 View on PACER 48 Exhibit Exhibit47 View on PACER 49 Exhibit Exhibit48 View on PACER 50 Exhibit Exhibit49 View on PACER 51 Exhibit Exhibit50 View on PACER 52 Exhibit Exhibit51 View on PACER 53 Exhibit Exhibit52 View on PACER 54 Exhibit Exhibit53 View on PACER 55 Exhibit Exhibit54 View on PACER 56 Exhibit Exhibit55 View on PACER 57 Exhibit Exhibit56 View on PACER 58 Exhibit Exhibit57 View on PACER 59 Exhibit Exhibit58 View on PACER 60 Exhibit Exhibit59 View on PACER 61 Exhibit Exhibit60 View on PACER 62 Exhibit Exhibit61 View on PACER 63 Exhibit Exhibit62 View on PACER 64 Exhibit Exhibit63 View on PACER 65 Exhibit Exhibit64 View on PACER 66 Exhibit Exhibit65 View on PACER 67 Exhibit Exhibit66 View on PACER 68 Exhibit Exhibit67 View on PACER 69 Exhibit Exhibit68 View on PACER 70 Exhibit Exhibit69 View on PACER 71 Exhibit Exhibit70 View on PACER 72 Exhibit Exhibit71 View on PACER	April 1, 2025	April 1, 2025 Clearinghouse
2	NOTICE of Appearance by Gregory Alan Werkheiser on behalf of Fishing Point Healthcare, LLC, Nansemond Indian Nation (Werkheiser, Gregory) (Entered: 04/01/2025)	April 1, 2025	April 1, 2025
3	Motion to appear Pro Hac Vice by Lydia Dexter and Certification of Local Counsel Jessie Barrington Filing fee $ 75, receipt number AVAEDC-10096195. by Fishing Point Healthcare, LLC, Nansemond Indian Nation. (Barrington, Jessie) (Entered: 04/01/2025)	April 1, 2025	April 1, 2025
	Initial Case Assignment	April 1, 2025	April 1, 2025
	Initial Case Assignment to District Judge Elizabeth W. Hanes and Magistrate Judge Douglas E. Miller. (epri, )	April 1, 2025	April 1, 2025
6	NOTICE of Appearance by Brian Emory Pumphrey on behalf of Commonwealth of Virginia, Janet Vestal Kelly, Jeffrey Lunardi, Cheryl Roberts, Virginia Department Of Medical Assistance Services, Virginia Office of the Secretary of Health and Human Resources, Glenn Youngkin (Pumphrey, Brian) (Entered: 04/02/2025)	April 2, 2025	April 2, 2025
7	NOTICE of Appearance by Benjamin Lucas Hatch on behalf of Commonwealth of Virginia, Janet Vestal Kelly, Jeffrey Lunardi, Cheryl Roberts, Virginia Department Of Medical Assistance Services, Virginia Office of the Secretary of Health and Human Resources, Glenn Youngkin (Hatch, Benjamin) (Entered: 04/02/2025)	April 2, 2025	April 2, 2025
8	NOTICE of Appearance by Kathryn Margaret Barber on behalf of Commonwealth of Virginia, Janet Vestal Kelly, Jeffrey Lunardi, Cheryl Roberts, Virginia Department Of Medical Assistance Services, Virginia Office of the Secretary of Health and Human Resources, Glenn Youngkin (Barber, Kathryn) (Entered: 04/02/2025)	April 2, 2025	April 2, 2025
9	NOTICE of Appearance by John Justin Woolard on behalf of Commonwealth of Virginia, Janet Vestal Kelly, Jeffrey Lunardi, Cheryl Roberts, Virginia Department Of Medical Assistance Services, Virginia Office of the Secretary of Health and Human Resources, Glenn Youngkin (Woolard, John) (Entered: 04/02/2025)	April 2, 2025	April 2, 2025
10	ORDER OF RECUSAL. District Judge Elizabeth W. Hanes recused. Case reassigned to Chief District Judge Mark S. Davis for all further proceedings. Signed by District Judge Elizabeth W. Hanes on 4/3/25. (ptom) (Entered: 04/03/2025)	April 3, 2025	April 3, 2025
11	Motion to appear Pro Hac Vice by Mindy Michelle Sauter and Certification of Local Counsel Benjamin L. Hatch by Commonwealth of Virginia, Janet Vestal Kelly, Jeffrey Lunardi, Cheryl Roberts, Virginia Department Of Medical Assistance Services, Virginia Office of the Secretary of Health and Human Resources, Glenn Youngkin. (Barber, Kathryn) (Entered: 04/04/2025)	April 4, 2025	April 4, 2025
	Case Reassigned to District Judge Rebecca Beach Smith. Chief District Judge Mark S. Davis no longer assigned to the case. (ptom)	April 4, 2025	April 4, 2025
13	ORDER granting 3 Motion for Pro hac vice Appointed Lydia Dexter for Fishing Point Healthcare, LLC and Nansemond Indian Nation. Signed by District Judge Rebecca Beach Smith on 4/7/2025. (alet) (Entered: 04/07/2025)	April 7, 2025	April 7, 2025
14	ORDER granting 11 Motion for Pro hac vice Appointed Mindy Michelle Sauter for Commonwealth of Virginia, Janet Vestal Kelly, Jeffrey Lunardi, Cheryl Roberts, Virginia Department Of Medical Assistance Services, Virginia Office of the Secretary of Health and Human Resources. Signed by District Judge Rebecca Beach Smith on 4/7/2025. (alet) (Entered: 04/07/2025)	April 7, 2025	April 7, 2025
15	MOTION for Extension of Time to File Response/Reply as to 1 Complaint,,,,,,,, (Unopposed) by Commonwealth of Virginia, Janet Vestal Kelly, Jeffrey Lunardi, Cheryl Roberts, Virginia Department Of Medical Assistance Services, Virginia Office of the Secretary of Health and Human Resources, Glenn Youngkin. (Attachments: # 1 Exhibit A (Proposed Order))(Pumphrey, Brian) (Entered: 04/07/2025)	April 7, 2025	April 7, 2025
16	ORDER granting 15 Motion for Extension of Time to File. Defendants have until, through, and including May 5, 2025, to respond to the Complaint. Signed by Magistrate Judge Douglas E. Miller on 4/7/2025. (jhie, ) (Entered: 04/07/2025)	April 7, 2025	April 7, 2025
17	ORDER. Plaintiffs' Ex Parte Motion for a Temporary Restraining Order, ECF No. 4, is DENIED. Plaintiffs are DIRECTED to serve the Motion for a Temporary Restraining Order on counsel for Defendants, together with the Memorandum in Support, ECF No. 5, and the operative Amended Memorandum in Support, ECF No. 12 . Proof of such service shall be publicly docketed, after which the ex parte submissions shall be unsealed by the Clerk and the parties may proceed as they deem appropriate. Signed by District Judge Rebecca Beach Smith on 4/8/2025. (jhie, ) (Entered: 04/08/2025)	April 8, 2025	April 8, 2025 Clearinghouse
39	OPINION - Defendants' Motion to Dismiss, ECF No. 26 , is GRANTED. Plaintiffs' Motion for Preliminary Injunction, ECF No. 21 , and Motion to Strike, ECF No. 28 , are DISMISSED AS MOOT. Signed by District Judge Rebecca Beach Smith on 8/8/2025. (dbra, )	Aug. 8, 2025	Aug. 8, 2025 Clearinghouse

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Case Details

State / Territory:

Virginia

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: April 1, 2025

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

Nansemond Indian Nation, a federally recognized tribe.

Plaintiff Type(s):

American Indian Tribe

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 Health and Human Resources

Virginia Department of Medical Assistance Services

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Supremacy Clause

Other Dockets:

Eastern District of Virginia 2:25-cv-00195

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Relief Granted:

Source of Relief:

None

Issues

Benefits (Source):

Medicaid

Affected Race(s):

American Indian/Alaskan Native

Recommended Citation

Case Summary of Nansemond Indian Nation v. Commonwealth of Virginia, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46991/ (last updated 3/3/2026).