Case: S.W. v. Loudoun County School Board

S.W. et al. v. Loudoun County School Board

S.W. et al. v. Loudoun County School Board

Complaint (Verified) ( Filing fee $ 405, receipt number AVAEDC-10464619.), filed by S.W., J.S.. (Attachments: # 1 Civil Cover Sheet)(Block, Andrew) (Entered: 09/15/2025)

1 Civil Cover Sheet

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Proposed Summons by J.S., S.W. (Block, Andrew) (Entered: 09/15/2025)

Emergency MOTION for Temporary Restraining Order by J.S., S.W.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Block, Andrew) (Entered: 09/15/2025)

Memorandum in Support re 3 Emergency MOTION for Temporary Restraining Order filed by J.S., S.W.. (Block, Andrew) (Entered: 09/15/2025)

Notice of Hearing Date (earlier consideration requested) set for 9/19/2025 re 3 Emergency MOTION for Temporary Restraining Order (Block, Andrew) (Entered: 09/15/2025)

Initial Case Assignment

Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge William E. Fitzpatrick. (swil)

Summons Issued as to Loudoun County School Board, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Summons Notice)(swil) (Entered: 09/16/2025)

Motion to appear Pro Hac Vice by Nicholas Barry and Certification of Local Counsel Andrew Block Filing fee $ 75, receipt number AVAEDC-10466971. by J.S., S.W.. (Block, Andrew) (Entered: 09/16/2025)

Motion to appear Pro Hac Vice by Ian Prior and Certification of Local Counsel Andrew Block Filing fee $ 75, receipt number AVAEDC-10467006. by J.S., S.W.. (Block, Andrew) (Entered: 09/16/2025)

Motion to appear Pro Hac Vice by Robert Crossin and Certification of Local Counsel Andrew Block Filing fee $ 75, receipt number AVAEDC-10467012. by J.S., S.W.. (Block, Andrew) (Entered: 09/16/2025)

ORDERED that S.W.'s Motion [Dkt. No. 3] is provisionally GRANTED, and it is hereby ORDERED that the Loudoun County School Board immediately place the remainder of S.W.'s 10-day suspension in abeyance, permit S.W. back into school starting on Wednesday, September 17, 2025, and allow him to continue with in-person education until the issues raised in this Complaint are resolved; and it is further ORDERED that counsel for plaintiffs show cause as to why J.S. should not be dismissed from this civil action given that he is no longer attending a Loudoun County public school; and it is further ORDERED that a hearing to determine whether a preliminary injunction should be entered will be held on Friday, September 19, 2025, unless the parties are able to agree to a further abeyance of the suspension while this civil action is fully litigated (see Order for further details). Signed by District Judge Leonie M. Brinkema on 9/16/2025. (swil) (Entered: 09/16/2025)

ORDER granting 7 Motion for Pro hac vice Appointed Nicholas Barry for J.S.,Nicholas Barry for S.W. Signed by District Judge Leonie M. Brinkema on 9/16/2025. (swil) (Entered: 09/16/2025)

ORDER denying 8 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 9/16/2025. (swil) (Entered: 09/16/2025)

ORDER granting 9 Motion for Pro hac vice Appointed Robert Andrew Crossin for J.S.,Robert Andrew Crossin for S.W. Signed by District Judge Leonie M. Brinkema on 9/16/2025. (swil) (Entered: 09/16/2025)

Set Motion and R&R Deadlines/Hearings

Set Deadline as to 3 Emergency MOTION for Temporary Restraining Order. Motion Hearing set for 9/19/2025 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (triv)

Amended Motion to appear Pro Hac Vice by Ian Prior and Certification of Local Counsel Andrew Block by J.S., S.W.. (Block, Andrew) (Entered: 09/17/2025)

NOTICE of Appearance by Michael B. Sylvester on behalf of J.S., S.W. (Sylvester, Michael) (Entered: 09/17/2025)

NOTICE of Appearance by Joshua Hetzler on behalf of J.S., S.W. (Hetzler, Joshua) (Entered: 09/17/2025)

NOTICE of Appearance by Heather Kathleen Bardot on behalf of Loudoun County School Board (Bardot, Heather) (Entered: 09/18/2025)

Emergency MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction from 9/19/25 to 10/10/254 by Loudoun County School Board. (Attachments: # 1 Proposed Order)(Bardot, Heather) (Entered: 09/18/2025)

1 Proposed Order

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Memorandum in Support re 18 Emergency MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction from 9/19/25 to 10/10/254 filed by Loudoun County School Board. (Bardot, Heather) (Entered: 09/18/2025)

ORDER granting 14 Motion for Pro hac vice. Appointed Ian Drake Prior for J.S. and S.W.. Signed by District Judge Leonie M. Brinkema on 9/18/2025. (kgall) (Entered: 09/18/2025)

Opposition to Motion to Continue filed by J.S., S.W.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Block, Andrew) (Entered: 09/18/2025)

1 Exhibit A

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2 Exhibit B

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Memorandum in Opposition re 18 Emergency MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction from 9/19/25 to 10/10/254 filed by J.S., S.W.. (Block, Andrew) (Entered: 09/18/2025)

Waiver of Oral Argument re: Opposition to Emergency Motion to Continue by J.S., S.W. (Block, Andrew) (Entered: 09/18/2025)

ORDER granting 18 Emergency Motion to Continue. ORDERED that the hearing scheduled for Friday, September 19, 2025, be and is continued until Friday, October 10, 2025, at 10:00 a.m. (see Order for details). Signed by District Judge Leonie M. Brinkema on 9/18/2025. (kgall) (Entered: 09/18/2025)

Set Motion and R&R Deadlines/Hearings

Reset Deadlines as to 3 Emergency MOTION for Temporary Restraining Order: Motion Hearing set for 10/10/2025 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (kgall)

WAIVER OF SERVICE Returned Executed by S.W., J.S.. Loudoun County School Board waiver sent on 9/16/2025, answer due 11/17/2025. (Block, Andrew) (Entered: 09/19/2025)

Joint MOTION to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction by Loudoun County School Board. (Attachments: # 1 Proposed Order)(Bardot, Heather) (Entered: 09/22/2025)

Waiver of re 26 Joint MOTION to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction (NOTICE OF WAIVER OF HEARING) by Loudoun County School Board (Bardot, Heather) (Entered: 09/22/2025)

ORDERED that Plaintiffs shall file a brief in support of their Motion for Preliminary Injunction by September 26, 2025, Defendant shall file its opposition by noon on October 6, 2025, and Plaintiffs shall file any reply by October 8, 2025 in re 26 Joint MOTION to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction. Signed by District Judge Leonie M. Brinkema on 9/22/2025. (swil) (Entered: 09/22/2025)

MOTION for Preliminary Injunction by J.S., S.W.. (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)(Block, Andrew) (Entered: 09/26/2025)

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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Memorandum in Support re 29 MOTION for Preliminary Injunction filed by J.S., S.W.. (Block, Andrew) (Entered: 09/26/2025)

Notice of Hearing Date re 29 MOTION for Preliminary Injunction (Block, Andrew) (Entered: 09/26/2025)

NOTICE of Appearance by Ellis Leon Bennett on behalf of J.S., S.W. (Bennett, Ellis) (Entered: 09/26/2025)

Set Motion and R&R Deadlines/Hearings

Set Deadline as to 29 MOTION for Preliminary Injunction. Motion Hearing set for 10/10/2025 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (triv)

NOTICE of Appearance by Kevin Michael Gallagher on behalf of Commonwealth of Virginia (Gallagher, Kevin) (Entered: 10/01/2025)

MOTION for Leave to File Brief as Amicus Curiae by Commonwealth of Virginia. (Attachments: # 1 Exhibit Proposed Brief of Amicus Curiae)(Gallagher, Kevin) (Entered: 10/01/2025)

NOTICE of Appearance by Michael Christopher Dingman on behalf of Commonwealth of Virginia (Dingman, Michael) (Entered: 10/01/2025)

ORDERED that plaintiffs provide to chambers a paper copy of their motion, brief, and all supporting exhibits, by the close of business on Friday, October 3, 2025 in re 29 MOTION for Preliminary Injunction filed by S.W., J.S. Signed by District Judge Leonie M. Brinkema on 10/1/2025. (swil) (Entered: 10/01/2025)

Notice of Correction

Notice of Correction re 34 MOTION for Leave to File Brief as Amicus Curiae. The filing user is notified to file a Notice of Hearing or Notice of Waiver of Oral Argument (swil)

ORDERED that the Commonwealth provide to chambers a paper copy of its motion,brief, and all supporting exhibits, by the close of business on Monday, October 6, 2025 in re 34 MOTION for Leave to File Brief as Amicus Curiae filed by Commonwealth of Virginia. Signed by District Judge Leonie M. Brinkema on 10/3/2025. (swil) (Entered: 10/03/2025)

Waiver of re 34 MOTION for Leave to File Brief as Amicus Curiae (Waiver of Oral Argument) by Commonwealth of Virginia (Gallagher, Kevin) (Entered: 10/03/2025)

Memorandum in Opposition re 29 MOTION for Preliminary Injunction filed by Loudoun County School Board. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Bardot, Heather) (Entered: 10/06/2025)

1 Exhibit

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REPLY to Response to Motion re 29 MOTION for Preliminary Injunction filed by J.S., S.W.. (Block, Andrew) (Entered: 10/08/2025)

ORDERED that the Commonwealth's Motion [Dkt. No. 34] be and is GRANTED. The Commonwealth should file its amicus brief with the Court as a separate docket entry. Signed by District Judge Leonie M. Brinkema on 10/9/2025. (swil) (Entered: 10/09/2025)

Amicus Brief by Commonwealth of Virginia . (Gallagher, Kevin) (Entered: 10/09/2025)

Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 10/10/2025. Appearances of counsel. Argument heard. Comments of the Court; 29 MOTION for Preliminary Injunction - GRANTED. Plaintiff to post bond - amount TBD. Order to follow. (Court Reporter S. Austin)(kgall) (Entered: 10/10/2025)

NOTICE by Loudoun County School Board re 43 Motion Hearing, (Bardot, Heather) (Entered: 10/10/2025)

ORDER in re 29 Motion for Preliminary Injunction. ORDERED that the motion is GRANTED but contingent upon plaintiffs posting a $125,000 bond by the close of business on Wednesday, October 15, 2025, to ensure that if defendant prevails on dispositive pre-trial motions, it can recover from that bond its attorney's fees. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that defendant is prohibited from enforcing the disciplinary measures at issue as to either plaintiff until the Court orders otherwise. Signed by District Judge Leonie M. Brinkema on 10/10/2025. (kgall) (Entered: 10/10/2025)

ORDERED that the bond is to be taken in by the Clerk's Office and processed into a CRIS Account, which is an interest-bearing account. Signed by District Judge Leonie M. Brinkema on 10/10/2025. (Sbro, ) (Entered: 10/14/2025)

MOTION Postpone Bond Due Date by two days (Unopposed) by J.S., S.W.. (Block, Andrew) (Entered: 10/14/2025)

Waiver of re 46 MOTION Postpone Bond Due Date by two days (Unopposed) (Notice of Waiver of Hearing) by J.S., S.W. (Block, Andrew) (Entered: 10/14/2025)

ORDER granting 46 Unopposed Motion to Postpone Bond Due Date. ORDERED that plaintiffs post a bond in the amount of $125,000 by the close of business on Friday, October 17, 2025. Signed by District Judge Leonie M. Brinkema on 10/15/2025. (kgall) (Entered: 10/15/2025)

BOND in the amount of $ 125,000 posted by J.S., S.W. (swil) (Entered: 10/17/2025)

TRANSCRIPT of proceedings held on 10-10-25, before Judge Leonie M. Brinkema, Court Reporter/Transcriber Stephanie Austin, Telephone number 607-743-1894. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/24/2025. Redacted Transcript Deadline set for 12/23/2025. Release of Transcript Restriction set for 1/21/2026.(Austin, Stephanie) (Entered: 10/23/2025)

SCHEDULING ORDER: Initial Pretrial Conference set for 11/12/2025 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. Final Pretrial Conference set for 3/19/2026 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Discovery due by 3/13/2026. Signed by District Judge Leonie M. Brinkema on 10/24/25. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(pmil, ) (Entered: 10/24/2025)

AMENDED COMPLAINT as a Matter of Course against Loudoun County School Board, filed by S.W., J.S..(Block, Andrew) (Entered: 10/29/2025)

REPORT of Rule 26(f) Planning Meeting by Loudoun County School Board. (Bardot, Heather) (Entered: 11/04/2025)

Consent MOTION for Extension of Time to File Answer re 53 Amended Complaint (Motion for Extension to File Responsive Pleading) by Loudoun County School Board. (Attachments: # 1 Proposed Order)(Bardot, Heather) (Entered: 11/06/2025)

Waiver of re 55 Consent MOTION for Extension of Time to File Answer re 53 Amended Complaint (Motion for Extension to File Responsive Pleading) Waiver of Hearing by Loudoun County School Board (Bardot, Heather) (Entered: 11/06/2025)

ORDERED that Defendant's Consent Motion for Extension of Time to File Responsive Pleading to the Amended Complaint is GRANTED, and Defendant's filing deadline shall be extended to Wednesday, November 26, 2025 in re 55 Motion for Extension of Time to Answer. Signed by District Judge Leonie M. Brinkema on 11/6/2025. (swil) (Entered: 11/06/2025)

Minute Entry for proceedings held via phone before Magistrate Judge William E. Fitzpatrick: Initial Pretrial Conference held on 11/12/2025. Appearance of counsel. The Joint Discovery Plan is adopted as amended. (per WEF chambers) (tfitz, )

MOTION to Quash Subpoena Issued to Third-Party Loudoun County Sheriff's Office by Loudoun County School Board. (Attachments: # 1 Exhibit)(Bardot, Heather) (Entered: 11/19/2025)

Memorandum in Support re 58 MOTION to Quash Subpoena Issued to Third-Party Loudoun County Sheriff's Office filed by Loudoun County School Board. (Bardot, Heather) (Entered: 11/19/2025)

Notice of Hearing Date set for 12/19/25 re 58 MOTION to Quash Subpoena Issued to Third-Party Loudoun County Sheriff's Office (Bardot, Heather) (Entered: 11/19/2025)

Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Upon consideration of the representations made by the parties in the Proposed Joint Discovery Plan pursuant to Fed. R. Civ. P. 26(f) (Joint Discovery Plan) (Dkt. 54) and taking note of the Scheduling Order entered in this case (Dkt. 52) the Court makes the following rulings: 1. All discovery shall be concluded by March 13, 2026. 2. The Joint Discovery Plan filed by the parties is approved, as amended herein, and shall control discovery to the extent of its application unless further modified by the court. 3. All Fed. R. Civ. P. 26(a)(1) disclosures, if not already completed, shall be completed by December 3, 2025. 4. Expert disclosures required by Fed. R. Civ. P. 26(a)(2) shall be made in accordance with the Joint Discovery Plan. Specifically, Plaintiffs expert disclosures are due by December 31, 2025. Defendants expert disclosures are due by January 30, 2026. Any rebuttal expert disclosures are due by February 13, 2026. To the extent the parties wish to modify expert deadlines, they must seek leave of court. (see Order for complete details) Signed by Magistrate Judge William E. Fitzpatrick on 11/21/25. (tfitz, ) (Entered: 11/24/2025)

Set Deadline as to 58 MOTION to Quash Subpoena Issued to Third-Party Loudoun County Sheriff's Office. Motion Hearing set for 12/19/2025 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (triv)

NOTICE of Appearance by Anna Grace Gillespie Zick on behalf of Loudoun County School Board (Zick, Anna) (Entered: 11/24/2025)

MOTION to Quash Subpoena Issued to Third-Party Loudoun4 All by Loudoun County School Board. (Attachments: # 1 Exhibit)(Bardot, Heather) (Entered: 11/24/2025)

Memorandum in Support re 63 MOTION to Quash Subpoena Issued to Third-Party Loudoun4 All filed by Loudoun County School Board. (Bardot, Heather) (Entered: 11/24/2025)

Notice of Hearing Date December 19, 2025 re 63 MOTION to Quash Subpoena Issued to Third-Party Loudoun4 All (Bardot, Heather) (Entered: 11/24/2025)

NOTICE of Appearance by Daniel Hutcheson Goldman on behalf of Loudoun4All, LLC (Goldman, Daniel) (Entered: 11/24/2025)

Third Party MOTION to Quash Plaintiffs' Subpoena by Loudoun4All, LLC. (Goldman, Daniel) (Entered: 11/24/2025)

Memorandum in Support re 67 Third Party MOTION to Quash Plaintiffs' Subpoena Issued to Third-Party Loudoun4All, LLC filed by Loudoun4All, LLC. (Goldman, Daniel) (Entered: 11/24/2025)

Set Deadline as to 63 MOTION to Quash Subpoena Issued to Third-Party Loudoun4 All. Motion Hearing set for 12/19/2025 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (triv)

Notice of Correction re 67 Third Party MOTION to Quash Plaintiffs' Subpoena. The filing user is notified to file a Notice of Hearing or Notice of Waiver of Oral Argument (swil)

MOTION to Dismiss for Failure to State a Claim Amended Complaint by Loudoun County School Board. (Attachments: # 1 Proposed Order)(Bardot, Heather) (Entered: 11/26/2025)

1 Proposed Order

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Memorandum in Support in re 69 MOTION to Dismiss for Failure to State a Claim Amended Complaint, Memorandum in Support filed by Loudoun County School Board. (Bardot, Heather) Modified text at attorney's request on 11/26/2025 (triv). (Entered: 11/26/2025)

Notice of Hearing Date December 19, 2025 re 69 MOTION to Dismiss for Failure to State a Claim Amended Complaint (Bardot, Heather) (Entered: 11/26/2025)

Notice of Hearing Date set for 12/19/2025 re 67 Third Party MOTION to Quash Plaintiffs' Subpoena (Goldman, Daniel) (Entered: 11/26/2025)

Set Deadline as to 69 MOTION to Dismiss for Failure to State a Claim Amended Complaint. Motion Hearing set for 12/19/2025 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (triv)

Set Deadline as to 67 Third Party MOTION to Quash Plaintiffs' Subpoena. Motion Hearing set for 12/19/2025 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (triv)

STIPULATION of Withdrawl of Subpoena to Loudoun County Sheriff's Office by J.S., S.W.. (Block, Andrew) (Entered: 12/03/2025)

MOTION to Quash Subpoenas to AT&T and Verizon by Loudoun County School Board. (Attachments: # 1 Exhibit Subpoena to Verizon, # 2 Exhibit Subpoena to AT&T)(Bardot, Heather) (Entered: 12/07/2025)

Memorandum in Support re 74 MOTION to Quash Subpoenas to AT&T and Verizon filed by Loudoun County School Board. (Bardot, Heather) (Entered: 12/07/2025)

Notice of Hearing Date set for 1/16/26 re 74 MOTION to Quash Subpoenas to AT&T and Verizon (Bardot, Heather) (Entered: 12/07/2025)

Memorandum in Opposition re 63 MOTION to Quash Subpoena Issued to Third-Party Loudoun4 All filed by J.S., S.W.. (Attachments: # 1 Exhibit A)(Block, Andrew) (Entered: 12/08/2025)

Memorandum in Opposition re 67 Third Party MOTION to Quash Plaintiffs' Subpoena filed by J.S., S.W.. (Attachments: # 1 Exhibit A)(Block, Andrew) (Entered: 12/08/2025)

MOTION to Intervene by UNITED STATES OF AMERICA. (Repper, Brian) (Entered: 12/08/2025)

Memorandum in Support re 79 MOTION to Intervene filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Proposed Complaint, # 2 Exhibit Attorney General Certification)(Repper, Brian) (Entered: 12/08/2025)

1 Exhibit Proposed Complaint

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2 Exhibit Attorney General Certification

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Set Deadline as to 74 MOTION to Quash Subpoenas to AT&T and Verizon. Motion Hearing set for 1/16/2026 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (triv)

Motion to appear Pro Hac Vice by Jordan Kelly Carpenter and Certification of Local Counsel Brian Lawrence Repper by UNITED STATES OF AMERICA. (Repper, Brian) (Entered: 12/09/2025)

ORDERED that the hearing on the Motion to Dismiss scheduled for Friday, December 19, 2025 be and is RESCHEDULED for Friday, January 16, 2026 at 10:00 AM in Courtroom 700 (see Order for details). Signed by District Judge Leonie M. Brinkema on 12/9/2025. (kgall) (Entered: 12/09/2025)

Notice of Hearing Date re 79 MOTION to Intervene (Repper, Brian) (Entered: 12/09/2025)