Bostic v. Rainey scheduling order

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    IN THE UNITED STATES DISTRICT COURT FOR

    THE EASTERN DISTRICT OF VIRGINIANORFOLK DIVISION

    TIMOTHY B. BOSTIC,

    and

    TONY C. LONDON,

    Plaintiffs,

    v. CASE NO. 2:13cv00395

    ROBERT F. MCDONNELL, in his official

    capacity as Governor of Virginia, and

    KENNETH T. CUCCINELLI, in his officialcapacity as Attorney General of Virginia, and

    GEORGE E. SCHAEFER, III, in his official

    capacity as the Clerk of Court

    for Norfolk Circuit Court,

    Defendants.

    CONSENT ORDER

    This Day came the parties, by counsel, upon the Plaintiffs Agreed Motion for Entry of a

    Consent Order to Suspend Briefing on Motion to Dismiss and Motion to Intervene, and To Set

    Deadlines for Filing Amended Complaint and For Filing Cross-Motions for Summary Judgment.

    It appearing that Defendants and the Commonwealth do not object to the motion filed by

    Plaintiffs, it is hereby

    ADJUDGED, ORDERED AND DECREED that

    1) briefing on the Motion to Dismiss filed by Defendants McDonnell and Cuccinelli and

    the Motion to Intervene filed by the Commonwealth of Virginia is suspended indefinitely

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    pending filing of an amended complaint;

    2) Plaintiffs shall file an amended complaint by August 30, 2013 and Defendants have

    twenty-one days to respond; and

    3) the parties agree that they shall file cross-motions for summary judgment and

    supporting materials by September 30, 2013, responses to those cross-motions by October 24,

    2013, and rebuttals by October 31, 2013.

    Entered this ____ day of August 2013.

    ________________________

    Judge

    WE ASK FOR THIS:

    _________/s/__________________

    Charles B. Lustig

    VSB #29442

    Thomas B. Shuttleworth

    VSB #13330

    Robert E. Ruloff

    VSB # 13471Shuttleworth, Ruloff, Swain, Haddad & Morecock, P.C.

    4525 South Blvd., Suite 300

    Virginia Beach, VA 23452

    (757) 671-6057 (phone)

    (757) 671-6004 (fax)

    [email protected]

    [email protected]

    [email protected]

    Counsel for Plaintiffs Timothy B. Bostic and Tony C. London

    ___________/s/_______________ __________/s/___________

    E. Duncan Getchell, Jr. David B. Oakley

    Solicitor General of Virginia

    VSB # 14156 VSB # 72226

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    Office of the Attorney General Poole & Mahoney PC

    900 East Main Street 860 Greenbrier Circle, Ste. 401

    Richmond, VA 23219 Chesapeake, VA 23320

    (804) 786-7240 (phone) (757) 962-6625 (phone)

    (804) 371-0200 (fax) (757) 962-6180

    [email protected] [email protected]

    Counsel for Defendants McDonnell and Cuccinelli Counsel for Defendant George E.

    And for the Commonwealth of Virginia Schaefer, III

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