Case: Pro-Football, Inc. v. Blackhorse

1:14-cv-01043 | U.S. District Court for the Eastern District of Virginia

Filed Date: Aug. 14, 2014

Closed Date: March 20, 2018

Clearinghouse coding complete

Case Summary

Prior to this case, five Native American petitioners brought an administrative complaint seeking the cancellation of the Washington Redskins’ (Pro-Football) trademarks containing the word “Redskins” because, they said, the word disparaged Native Americans and violated Section 2(a) of the Lanham Act, 15 U.S.C. § 1520(a). The Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office (“TTAB”) ruled in the petitioners’ favor and cancelled six federal trademark registrations containin…

Prior to this case, five Native American petitioners brought an administrative complaint seeking the cancellation of the Washington Redskins’ (Pro-Football) trademarks containing the word “Redskins” because, they said, the word disparaged Native Americans and violated Section 2(a) of the Lanham Act, 15 U.S.C. § 1520(a). The Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office (“TTAB”) ruled in the petitioners’ favor and cancelled six federal trademark registrations containing the word “Redskin” as connected to the Washington D.C. professional football team, on the ground that these trademarks “may disparage” Native Americans.

On August 14, 2014, Pro-Football Inc., owner and operator of the Washington Redskins football club, filed this complaint appealing the administrative outcome in the U.S. District Court for the Eastern District of Virginia. The plaintiff also sought declaratory relief. More specifically, the plaintiff asked the court to declare that: Pro-Football had not disparaged Native Americans; Pro-Football had not brought contempt or disrepute to Native Americans; if there was a violation of the Lanham Act, then Section 2(a) of the Lanham Act violated the First Amendment; the Act was void for vagueness; and the Act violated the due process clause of the Fifth Amendment; TTAB’s order violated the takings clause of the Fifth Amendment; the defendants were barred by the doctrine of laches (meaning that the defendants waited too long to bring the administrative complaint, and therefore the defendants’ petition should have been void).

On September 14, 2014, the plaintiff served a notice of their constitutional challenges on the United States. The notice argued that section 2(a) of the Lanham Act violated the free speech clause of the First Amendment and the Fifth Amendment. In response, on January 9, 2015, the U.S. answered the plaintiff’s challenge and gave the court notice that the U.S. would intervene as a defendant. Shortly afterward, the United States became an interested party and defendant in the lawsuit.

All parties involved proceeded to move for summary judgment and cross summary judgment for various claims. On February 23, 2015, the plaintiffs moved for summary judgment on the constitutional claims of the Lanham Act. On February 26, 2015, the defendants also moved for summary judgment to dismiss some of the plaintiff’s claims. These claims were count one (TTAB erred in ruling that the trademarks “may disparage” Native Americans), count two (TTAB erred in ruling that the trademarks may bring Native Americans into “contempt or disrepute,” and count seven (the plaintiff’s laches claim).

On March 23, 2015, the United States moved for summary judgment in defense of the constitutionality of the statute. The United States argument was that Section 2(a) of the Lanham Act, 15 U.S.C. § 1520(a) did not violate the First or the Fifth Amendment of the U.S. Constitution.

On July 8, 2015, the court denied the plaintiff’s motions for summary judgment. 112 F.Supp.3d 439. The court, however, granted the individual defendants’ motion for partial summary judgment and granted the United States’ motion for summary judgment in defense of the constitutional claims.

Plaintiffs appealed. On January 18, 2018, the Fourth Circuit vacated the district court opinion and remanded. The per curiam appellate decision noted that while this appeal was pending, the Supreme Court in Matal v. Tam, 137 S. Ct. 1744, determined that §1052(a) violated the free speech clause of the First Amendment. Therefore, here, the district court’s decision was vacated and the case remanded for further proceedings consistent with Matal v. Tam.

In response, on March 20, 2018, the district court remanded the matter to the TTAB for further proceedings consistent with Matal. This court case is closed; the administrative matter is pending.

Summary Authors

Sean Whetstone (6/5/2018)

Edward Cullen (4/4/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5261691/parties/pro-footballinc-v-blackhorse/


Judge(s)
Attorney for Plaintiff

Anten, Todd (New York)

Bishop, Jennifer Deanne (New York)

Attorney for Defendant

Bogdanos, Claudia (New York)

Expert/Monitor/Master/Other

Barghaan, Dennis C. (Virginia)

Boente, Dana J. (District of Columbia)

show all people

Documents in the Clearinghouse

Document

15-01874

Docket

U.S. Court of Appeals for the Fourth Circuit

March 12, 2018

March 12, 2018

Docket

1:14-cv-01043

Docket [PACER]

Blackhorse v. Pro-Football, Inc.

March 20, 2018

March 20, 2018

Docket

92046185

Petition for Cancellation

Blackhorse v. Pro-Football, Inc.

No Court

Aug. 11, 2006

Aug. 11, 2006

Complaint

92046185

Opinion

Blackhorse v. Pro-Football, Inc.

No Court

June 18, 2014

June 18, 2014

Other

2014 WL 2014

1

1:14-cv-01043

Complaint

Aug. 14, 2014

Aug. 14, 2014

Complaint
18

1:14-cv-01043

Defendants' Motion to Dismiss and Memorandum in Support

Pro Football Inc. v. Blackhorse

Sept. 22, 2014

Sept. 22, 2014

Pleading / Motion / Brief
40

1:14-cv-01043

Memorandum Opinion and Order

Pro Football Inc. v. Blackhorse

Nov. 25, 2014

Nov. 25, 2014

Order/Opinion

62 F.Supp.3d 62

46

1:14-cv-01043

Notice of Intervention by the United States of America to Defend the Constitutionality of a Federal Statute

Jan. 9, 2015

Jan. 9, 2015

Pleading / Motion / Brief
54

1:14-cv-01043

Pro-Football, Inc.'s Motion for Summary Judgment on Constitutional Claims III-VI

Feb. 23, 2015

Feb. 23, 2015

Pleading / Motion / Brief
56

1:14-cv-01043

Pro-Football, Inc.'s Memorandum of Law in Support of its Motion for Summary Judgment on Constitutional Claims III-VI

Feb. 23, 2015

Feb. 23, 2015

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5261691/pro-footballinc-v-blackhorse/

Last updated March 25, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 14683045721.), filed by Pro-Football,Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(gwalk, ) (Additional attachment(s) added on 8/14/2014: # 7 Civil Cover Sheet, # 8 Receipt) (gwalk, ). (Entered: 08/14/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Civil Cover Sheet

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8 Receipt

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Aug. 14, 2014

Aug. 14, 2014

Clearinghouse

Docket Annotation

Aug. 14, 2014

Aug. 14, 2014

PACER
2

Financial Interest Disclosure Statement (Local Rule 7.1) by Pro-Football,Inc.. (gwalk, ) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER

Service will be via Notice of Lawsuit. (gwalk, )

Aug. 14, 2014

Aug. 14, 2014

PACER
3

Motion to appear Pro Hac Vice by Robert L. Raskopf and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number 0422-4077794. by Pro-Football,Inc.. (Reilly, Craig) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
4

Motion to appear Pro Hac Vice by Claudia T. Bogdanos and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number 0422-4077808. by Pro-Football,Inc.. (Reilly, Craig) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
5

Motion to appear Pro Hac Vice by Todd Anten and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number 0422-4077814. by Pro-Football,Inc.. (Reilly, Craig) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
6

ORDER granting 5 Motion for Pro hac vice. Signed by Magistrate Judge Ivan D. Davis on 8/18/2014. (rban, ) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
7

ORDER granting 3 Motion for Pro hac vice. Signed by Magistrate Judge Ivan D. Davis on 8/18/2014. (rban, ) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
8

ORDER granting 4 Motion for Pro hac vice. Signed by Magistrate Judge Ivan D. Davis on 8/18/2014. (rban, ) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
9

Report on the filing or determination of an action (Redskins trademark). (gwalk, ) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
10

WAIVER OF SERVICE Returned Executed by All Defendants. (gwalk, ) (Entered: 08/20/2014)

Aug. 19, 2014

Aug. 19, 2014

PACER
11

NOTICE of Appearance by Adam Scott Kunz on behalf of Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh (Kunz, Adam) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
12

NOTICE of Appearance by Jeffrey Joseph Lopez on behalf of Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh (Lopez, Jeffrey) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
13

First Motion to appear Pro Hac Vice by Jesse Amnon Witten and Certification of Local Counsel Jeffrey Joseph Lopez Filing fee $ 75, receipt number 0422-4098838. by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Lopez, Jeffrey) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
14

NOTICE of Appearance by Tore Thomas DeBella, II on behalf of Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh (DeBella, Tore) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
15

NOTICE of Appearance by Jennifer Tracey Criss on behalf of Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh (Criss, Jennifer) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
16

SCHEDULING ORDER:Initial Pretrial Conference set for Wednesday 10/1/2014 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for Thursday 1/15/2015 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. Discovery due by Friday 1/9/2015.. /s/ by District Judge Gerald Bruce Lee on 9/9/14. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice)(tbul, ) (Entered: 09/09/2014)

1 Magistrate Consent

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2 Pretrial Notice

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Sept. 9, 2014

Sept. 9, 2014

PACER
17

NOTICE by Pro-Football,Inc. to the United States Pursuant to Rule 5.1 (Reilly, Craig) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
18

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Attachments: # 1 Proposed Order)(Kunz, Adam) (Entered: 09/22/2014)

1 Proposed Order

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Sept. 22, 2014

Sept. 22, 2014

Clearinghouse
19

Memorandum in Support re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Kunz, Adam) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

Clearinghouse

Set Motion and R&R Deadlines/Hearings

Sept. 22, 2014

Sept. 22, 2014

PACER
20

Notice of Hearing Date re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 19 Memorandum in Support, (Kunz, Adam) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER

Set Deadlines as to 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 10/17/2014 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (clar, )

Sept. 22, 2014

Sept. 22, 2014

PACER

Reset Deadlines as to 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 10/31/2014 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (Per GBL chambers) (clar, )

Sept. 22, 2014

Sept. 22, 2014

PACER
21

ORDER granting 13 Motion for Pro hac vice. Signed by Magistrate Judge Ivan D. Davis on 9/22/2014. (rban, ) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER
22

Joint Discovery Plan by Pro-Football,Inc..(Reilly, Craig) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER

Remark

Oct. 1, 2014

Oct. 1, 2014

PACER

Initial Pretrial Conference Terminated. (jwil, )

Oct. 1, 2014

Oct. 1, 2014

PACER
23

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that I. All discovery s hall be concluded by January 9, 2015.2. Disclosures under Fed. R. Civ. P. 26(a)(l) and (2), notices of depositions,interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court, or for use in a motion or at trial.3. The parties' Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the court. Signed by Magistrate Judge Ivan D. Davis on 10/1/2014. (jwil, ) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
24

Consent MOTION for Protective Order by Pro-Football,Inc.. (Attachments: # 1 Proposed Order Stipulated Protective Order)(Reilly, Craig) (Entered: 10/03/2014)

1 Proposed Order Stipulated Protective Order

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Oct. 3, 2014

Oct. 3, 2014

PACER
25

Memorandum in Opposition re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Pro-Football,Inc.. (Reilly, Craig) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
26

PROTECTIVE ORDER re Handling and Labeling of Confidential Information. See Order for more details. Signed by Magistrate Judge Ivan D. Davis on 10/6/2014. (rban, ) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
27

Rebuttal Brief re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kunz, Adam) (Entered: 10/09/2014)

1 Exhibit 1

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2 Exhibit 2

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Oct. 9, 2014

Oct. 9, 2014

PACER
28

Rebuttal Brief re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lopez, Jeffrey) (Entered: 10/09/2014)

1 Exhibit 1

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2 Exhibit 2

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Oct. 9, 2014

Oct. 9, 2014

PACER
29

Motion to appear Pro Hac Vice by Jessica Rose and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number 0422-4148174. by Pro-Football,Inc.. (Reilly, Craig) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
30

ORDER granting 29 Motion for Pro hac vice. Signed by Magistrate Judge Ivan D. Davis on 10/16/14. (gwalk, ) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER
31

Minute Entry for proceedings held before District Judge Gerald Bruce Lee:Motion Hearing held on 10/31/2014 re: 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Amanda Blackhorse, Courtney Tsotigh, Jillian Pappan, Phillip Gover, Marcus Briggs-Cloud. Appearances: Craig Reilly, Robert Raskopf and Claudia Bogdanos for Pltff; Jeffrey Lopez, Jesse Witten, pro hac vice, and Adam Kunz for Deft. Heard and T.U.A. Order to follow. (Court Reporter R. Wilson.)(tbul, ) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
32

Consent MOTION FOR ADMISSION OF TTAB RECORD by Pro-Football,Inc.. (Attachments: # 1 Proposed Order)(Reilly, Craig) (Entered: 11/05/2014)

1 Proposed Order

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Nov. 5, 2014

Nov. 5, 2014

PACER
33

NOTICE by UNITED STATES OF AMERICA of Acknowledgement of Constitutional Challenge (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 11/07/2014)

1 Proposed Order

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Nov. 7, 2014

Nov. 7, 2014

Clearinghouse
34

Consent MOTION for Extension of Time by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 11/07/2014)

1 Proposed Order

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Nov. 7, 2014

Nov. 7, 2014

PACER
35

NOTICE by UNITED STATES OF AMERICA of Acknowlegement of Constitutional Challenge (Corrected) (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 11/10/2014)

1 Proposed Order

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Nov. 10, 2014

Nov. 10, 2014

Clearinghouse
36

Consent MOTION for Extension of Time (Corrected) by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 11/10/2014)

1 Proposed Order

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Nov. 10, 2014

Nov. 10, 2014

PACER
37

ORDER granting 32 Motion. ORDERED that the TTAB Record be assembled and transmitted to the Court forthwith and made part of the record of and admitted in these proceedings; and it is further ORDERED that Dkts. 46 and 183 of the TTAB Record be filed under seal with this Court and not be made available on the public docket of this action; and it is further ORDERED that Plaintiff shall pay any costs and expenses of the TTAB associated with assembly and transmission of the TTAB Record, subject to its right to seek to recover those costs and expenses as taxable costs in the event it is the prevailing party. Signed by District Judge Gerald Bruce Lee on 11/12/2014. (gwalk, ) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
38

ORDER granting 36 Motion for Extension of Time to File notice of intervention in this action on or before January 9,2015. Signed by District Judge Gerald Bruce Lee on 11/12/2014. (gwalk, ) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
39

TRANSCRIPT of proceedings held on October 31, 2014, before Judge Gerald Bruce Lee, Court Reporter/Transcriber Renecia Wilson, Telephone number,703-501-1580. 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 12/22/2014. Redacted Transcript Deadline set for 1/21/2015. Release of Transcript Restriction set for 2/19/2015.(wilson, renecia) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
40

MEMORANDUM OPINION AND ORDER denying 18 Motion to Dismiss. Signed by District Judge Gerald Bruce Lee on 11/25/14.(See Order for details). (gwalk, ) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

Clearinghouse
41

Defendants' ANSWER to 1 Complaint, by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh.(Lopez, Jeffrey) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER
42

Motion to appear Pro Hac Vice by Jennifer D. Bishop and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number 0422-4230497. by Pro-Football,Inc.. (Reilly, Craig) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

PACER
43

ORDER granting 42 Motion for Pro hac vice. Signed by Magistrate Judge Ivan D. Davis on 12/15/2014. (dvanm, ) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
44

Joint MOTION for Extension or to Modify the Scheduling Order by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Attachments: # 1 Proposed Order)(Lopez, Jeffrey) (Entered: 12/30/2014)

1 Proposed Order

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Dec. 30, 2014

Dec. 30, 2014

PACER
45

ORDER granting in part and denying in part 44 Motion to Modify the Scheduling Order. See order for details. Signed by Magistrate Judge Ivan D. Davis on 12/31/2014. (rban, ) (Entered: 01/02/2015)

Dec. 31, 2014

Dec. 31, 2014

PACER
46

NOTICE by UNITED STATES OF AMERICA of Intervention to Defend the Constitutionality of a Federal Statute (Barghaan, Dennis) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

Clearinghouse
47

Rule 26 Disclosure by All Defendants. (Attachments: # 1 Exhibit Defendants' Witness List, # 2 Exhibit Defendants' Deposition Designations, # 3 Exhibit Defendants' Exhibit List)(Lopez, Jeffrey) (Entered: 01/14/2015)

1 Exhibit Defendants' Witness List

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2 Exhibit Defendants' Deposition Designations

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3 Exhibit Defendants' Exhibit List

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Jan. 14, 2015

Jan. 14, 2015

PACER
48

Minute Entry for proceedings held before District Judge Gerald Bruce Lee: Final Pretrial Conference held on 1/15/2015. Appearances: Counsel for Pltff, Defts, and gov't. Heard: Parties' suggestions for deciding the separate issues of this case. Court stated it will hear all motions at once. Bench Trial set for 6/22/2015 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. 6 trial days - Friday not included - running from 6/22 through 6/30/15. Summary Judgment / other motions Hearing set for TUESDAY 5/5/2015 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. Briefing schedule to be agreed, with the last of the briefs (the replies) to be due by 4/14/15. Court will consider videoconferencing for the Pltff witness that may not be available during the timeframe of the trial dates. Order to follow. (Court Reporter None.)(tbul, ) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
49

Rule 26 Disclosure by Pro-Football,Inc.. (Attachments: # 1 Appendix A - Preliminary Trial Exhibit List)(Reilly, Craig) (Entered: 01/15/2015)

1 Appendix A - Preliminary Trial Exhibit List

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Jan. 15, 2015

Jan. 15, 2015

PACER
50

NOTICE by Pro-Football,Inc. re 49 Rule 26 Disclosure Preliminary Deposition Designations (Reilly, Craig) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
51

Statement of Undisputed Facts by Pro-Football,Inc.. (Reilly, Craig) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
52

Consent MOTION Setting a Briefing Schedule and Modifying Pretrial Schedule re 45 Order on Motion for Extension of Time to File, 48 Pretrial Conference - Final, Set Hearings, Set/Reset Hearings,,,,,,,,, by Pro-Football,Inc.. (Attachments: # 1 Proposed Order)(Reilly, Craig) (Entered: 01/22/2015)

1 Proposed Order

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Jan. 22, 2015

Jan. 22, 2015

PACER
53

ORDER granting 52 Consent Motion Setting a Briefing Schedule and Modifying Pretrial Schedule. See Order for details. Signed by District Judge Gerald Bruce Lee on 1/26/2015. (rban, ) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
54

MOTION for Summary Judgment on Constitutional Claims by Pro-Football,Inc.. (Attachments: # 1 Proposed Order)(Reilly, Craig) (Entered: 02/23/2015)

1 Proposed Order

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Feb. 23, 2015

Feb. 23, 2015

Clearinghouse
55

Notice of Hearing Date set for May 5, 2015 re 54 MOTION for Summary Judgment on Constitutional Claims (Reilly, Craig) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
56

Memorandum in Support re 54 MOTION for Summary Judgment on Constitutional Claims REDACTED filed by Pro-Football,Inc.. (Reilly, Craig) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

Clearinghouse
57

Declaration re 56 Memorandum in Support, 54 MOTION for Summary Judgment on Constitutional Claims Declaration of Jeffrey A. Handelman by Pro-Football,Inc.. (Attachments: # 1 Exhibit 1)(Reilly, Craig) (Entered: 02/23/2015)

1 Exhibit 1

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Feb. 23, 2015

Feb. 23, 2015

PACER
58

Declaration re 56 Memorandum in Support, 54 MOTION for Summary Judgment on Constitutional Claims Declaration of Todd Anten by Pro-Football,Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Reilly, Craig) (Entered: 02/23/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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Feb. 23, 2015

Feb. 23, 2015

PACER
59

NOTICE by Pro-Football,Inc. re 58 Declaration, Exhibits 16 - 34 (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20, # 6 Exhibit 21, # 7 Exhibit 22, # 8 Exhibit 23, # 9 Exhibit 24, # 10 Exhibit 25, # 11 Exhibit 26, # 12 Exhibit 27, # 13 Exhibit 28, # 14 Exhibit 29, # 15 Exhibit 30, # 16 Exhibit 31, # 17 Exhibit 32, # 18 Exhibit 33, # 19 Exhibit 34)(Reilly, Craig) (Entered: 02/23/2015)

1 Exhibit 16

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2 Exhibit 17

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3 Exhibit 18

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4 Exhibit 19

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5 Exhibit 20

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6 Exhibit 21

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7 Exhibit 22

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8 Exhibit 23

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9 Exhibit 24

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10 Exhibit 25

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11 Exhibit 26

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12 Exhibit 27

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13 Exhibit 28

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14 Exhibit 29

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15 Exhibit 30

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16 Exhibit 31

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17 Exhibit 32

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18 Exhibit 33

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19 Exhibit 34

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Feb. 23, 2015

Feb. 23, 2015

PACER
60

NOTICE by Pro-Football,Inc. re 58 Declaration, EXHIBITS 35 - 55 (Attachments: # 1 Exhibit 36, # 2 Exhibit 37, # 3 Exhibit 38, # 4 Exhibit 39, # 5 Exhibit 40, # 6 Exhibit 41 SEALED, # 7 Exhibit 42 SEALED, # 8 Exhibit 43 SEALED, # 9 Exhibit 44 SEALED, # 10 Exhibit 45 SEALED, # 11 Exhibit 46 SEALED, # 12 Exhibit 47 SEALED, # 13 Exhibit 48 SEALED, # 14 Exhibit 49, # 15 Exhibit 50, # 16 Exhibit 51, # 17 Exhibit 52, # 18 Exhibit 53, # 19 Exhibit 54, # 20 Exhibit 55)(Reilly, Craig) (Entered: 02/23/2015)

1 Exhibit 36

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2 Exhibit 37

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5 Exhibit 40

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6 Exhibit 41 SEALED

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7 Exhibit 42 SEALED

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8 Exhibit 43 SEALED

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9 Exhibit 44 SEALED

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10 Exhibit 45 SEALED

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11 Exhibit 46 SEALED

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12 Exhibit 47 SEALED

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13 Exhibit 48 SEALED

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15 Exhibit 50

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16 Exhibit 51

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18 Exhibit 53

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19 Exhibit 54

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20 Exhibit 55

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Feb. 23, 2015

Feb. 23, 2015

PACER
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MOTION to Seal Exhibits 41-48 and file Redacted Brief by Pro-Football,Inc.. (Attachments: # 1 Proposed Order)(Reilly, Craig) (Entered: 02/23/2015)

1 Proposed Order

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Feb. 23, 2015

Feb. 23, 2015

PACER
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Memorandum in Support re 61 MOTION to Seal Exhibits 41-48 and file Redacted Brief filed by Pro-Football,Inc.. (Reilly, Craig) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
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Notice of Hearing Date set for May 5, 2015 re 61 MOTION to Seal Exhibits 41-48 and file Redacted Brief (Reilly, Craig) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER

Set Motion and R&R Deadlines/Hearings

Feb. 24, 2015

Feb. 24, 2015

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Set Deadlines as to 54 MOTION for Summary Judgment on Constitutional Claims. Motion Hearing set for 5/5/2015 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (clar, )

Feb. 24, 2015

Feb. 24, 2015

PACER
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NOTICE by Pro-Football,Inc. re 58 Declaration, Notice of Filing Omitted Exhibit 35 (Attachments: # 1 Exhibit 35)(Reilly, Craig) (Entered: 02/24/2015)

1 Exhibit 35

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Feb. 24, 2015

Feb. 24, 2015

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65

Sealed Document re 56 Memorandum in Support. (gwalk, ) (Entered: 02/26/2015)

Feb. 24, 2015

Feb. 24, 2015

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66

Sealed Document re 58 Declaration,. (gwalk, ) (Entered: 02/26/2015)

Feb. 24, 2015

Feb. 24, 2015

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Sealed Document re 60 NOTICE,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(gwalk, ) (Entered: 02/26/2015)

Feb. 24, 2015

Feb. 24, 2015

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STIPULATION Regarding Authenticity of Documents by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Lopez, Jeffrey) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
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MOTION for Summary Judgment on Counts 1, 2, and 7 of Complaint by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Attachments: # 1 Proposed Order)(Lopez, Jeffrey) (Entered: 02/26/2015)

1 Proposed Order

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Feb. 26, 2015

Feb. 26, 2015

Clearinghouse
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Notice of Hearing Date for Defendants' Motion for Summary Judgment re 69 MOTION for Summary Judgment on Counts 1, 2, and 7 of Complaint (Lopez, Jeffrey) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
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Memorandum in Support re 69 MOTION for Summary Judgment on Counts 1, 2, and 7 of Complaint filed by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Attachments: # 1 Exhibit A - Criss Declaration, # 2 Exhibit B - Apodaca Declaration, # 3 Exhibit C - Cook Declaration, # 4 Exhibit D - Gover Declaration, # 5 Exhibit E - Harjo Declaration)(Lopez, Jeffrey) (Entered: 02/26/2015)

1 Exhibit A - Criss Declaration

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2 Exhibit B - Apodaca Declaration

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3 Exhibit C - Cook Declaration

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4 Exhibit D - Gover Declaration

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5 Exhibit E - Harjo Declaration

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Feb. 26, 2015

Feb. 26, 2015

Clearinghouse
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NOTICE by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh re 71 Memorandum in Support, Exhibits 1-40 to Ex. A - Criss Decl. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40)(Lopez, Jeffrey) (Entered: 02/26/2015)

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Feb. 26, 2015

Feb. 26, 2015

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NOTICE by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh re 71 Memorandum in Support, Exhibits 41-140 to Ex. A - Criss Declaration (Attachments: # 1 Exhibit 41, # 2 Exhibit 42, # 3 Exhibit 43, # 4 Exhibit 44, # 5 Exhibit 45, # 6 Exhibit 46, # 7 Exhibit 47, # 8 Exhibit 48, # 9 Exhibit 49, # 10 Exhibit 50, # 11 Exhibit 51, # 12 Exhibit 52, # 13 Exhibit 53, # 14 Exhibit 54, # 15 Exhibit 55, # 16 Exhibit 56, # 17 Exhibit 57, # 18 Exhibit 58, # 19 Exhibit 59, # 20 Exhibit 60, # 21 Exhibit 61, # 22 Exhibit 62, # 23 Exhibit 63, # 24 Exhibit 64, # 25 Exhibit 65, # 26 Exhibit 66, # 27 Exhibit 67, # 28 Exhibit 68, # 29 Exhibit 69, # 30 Exhibit 70, # 31 Exhibit 71, # 32 Exhibit 72, # 33 Exhibit 73, # 34 Exhibit 74, # 35 Exhibit 75, # 36 Exhibit 76, # 37 Exhibit 77, # 38 Exhibit 78, # 39 Exhibit 79, # 40 Exhibit 80, # 41 Exhibit 81, # 42 Exhibit 82, # 43 Exhibit 83, # 44 Exhibit 84, # 45 Exhibit 85, # 46 Exhibit 86, # 47 Exhibit 87, # 48 Exhibit 88, # 49 Exhibit 89, # 50 Exhibit 90, # 51 Exhibit 91, # 52 Exhibit 92, # 53 Exhibit 93, # 54 Exhibit 94, # 55 Exhibit 95, # 56 Exhibit 96, # 57 Exhibit 97, # 58 Exhibit 98, # 59 Exhibit 99, # 60 Exhibit 100, # 61 Exhibit 101, # 62 Exhibit 102, # 63 Exhibit 103, # 64 Exhibit 104, # 65 Exhibit 105, # 66 Exhibit 106, # 67 Exhibit 107, # 68 Exhibit 108, # 69 Exhibit 109, # 70 Exhibit 110, # 71 Exhibit 111, # 72 Exhibit 112, # 73 Exhibit 113, # 74 Exhibit 114, # 75 Exhibit 115, # 76 Exhibit 116, # 77 Exhibit 117, # 78 Exhibit 118, # 79 Exhibit 119, # 80 Exhibit 120, # 81 Exhibit 121, # 82 Exhibit 122, # 83 Exhibit 123, # 84 Exhibit 124, # 85 Exhibit 125, # 86 Exhibit 126, # 87 Exhibit 127, # 88 Exhibit 128, # 89 Exhibit 129, # 90 Exhibit 130, # 91 Exhibit 131, # 92 Exhibit 132, # 93 Exhibit 133, # 94 Exhibit 134, # 95 Exhibit 135, # 96 Exhibit 136, # 97 Exhibit 137, # 98 Exhibit 138, # 99 Exhibit 139, # 100 Exhibit 140)(Lopez, Jeffrey) (Entered: 02/26/2015)

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Feb. 26, 2015

Feb. 26, 2015

PACER
74

NOTICE by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh re 71 Memorandum in Support, Exhibits 141-250 to Ex. A - Criss Declaration (Attachments: # 1 Exhibit 141, # 2 Exhibit 141, # 3 Exhibit 143, # 4 Exhibit 144, # 5 Exhibit 145, # 6 Exhibit 146, # 7 Exhibit 147, # 8 Exhibit 148, # 9 Exhibit 149, # 10 Exhibit 150, # 11 Exhibit 151, # 12 Exhibit 152, # 13 Exhibit 153, # 14 Exhibit 154, # 15 Exhibit 155, # 16 Exhibit 156, # 17 Exhibit 157, # 18 Exhibit 158, # 19 Exhibit 159, # 20 Exhibit 160, # 21 Exhibit 161, # 22 Exhibit 162, # 23 Exhibit 163, # 24 Exhibit 164, # 25 Exhibit 165, # 26 Exhibit 166, # 27 Exhibit 167, # 28 Exhibit 168, # 29 Exhibit 169, # 30 Exhibit 170, # 31 Exhibit 171, # 32 Exhibit 172, # 33 Exhibit 173, # 34 Exhibit 174, # 35 Exhibit 175, # 36 Exhibit 176, # 37 Exhibit 177, # 38 Exhibit 178, # 39 Exhibit 179, # 40 Exhibit 180, # 41 Exhibit 181, # 42 Exhibit 182, # 43 Exhibit 183, # 44 Exhibit 184, # 45 Exhibit 185, # 46 Exhibit 186, # 47 Exhibit 187, # 48 Exhibit 188, # 49 Exhibit 189, # 50 Exhibit 190, # 51 Exhibit 191, # 52 Exhibit 192, # 53 Exhibit 193, # 54 Exhibit 194, # 55 Exhibit 195, # 56 Exhibit 196, # 57 Exhibit 197, # 58 Exhibit 198, # 59 Exhibit 199, # 60 Exhibit 200, # 61 Exhibit 201, # 62 Exhibit 202, # 63 Exhibit 203, # 64 Exhibit 204, # 65 Exhibit 205, # 66 Exhibit 206, # 67 Exhibit 207, # 68 Exhibit 208, # 69 Exhibit 209, # 70 Exhibit 210, # 71 Exhibit 211, # 72 Exhibit 212, # 73 Exhibit 213, # 74 Exhibit 214, # 75 Exhibit 215, # 76 Exhibit 216, # 77 Exhibit 217, # 78 Exhibit 218, # 79 Exhibit 219, # 80 Exhibit 220, # 81 Exhibit 221, # 82 Exhibit 222, # 83 Exhibit 223, # 84 Exhibit 224, # 85 Exhibit 225, # 86 Exhibit 226, # 87 Exhibit 227, # 88 Exhibit 228, # 89 Exhibit 229, # 90 Exhibit 230, # 91 Exhibit 231, # 92 Exhibit 232, # 93 Exhibit 233, # 94 Exhibit 234, # 95 Exhibit 235, # 96 Exhibit 236, # 97 Exhibit 237, # 98 Exhibit 238, # 99 Exhibit 239, # 100 Exhibit 240, # 101 Exhibit 241, # 102 Exhibit 242, # 103 Exhibit 243, # 104 Exhibit 244, # 105 Exhibit 245, # 106 Exhibit 246, # 107 Exhibit 247, # 108 Exhibit 248, # 109 Exhibit 249, # 110 Exhibit 250)(Lopez, Jeffrey) (Entered: 02/26/2015)

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Feb. 26, 2015

Feb. 26, 2015

PACER
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NOTICE by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh re 71 Memorandum in Support, Exhibits 251-285 to Ex. A - Criss Declaration (Attachments: # 1 Exhibit 251, # 2 Exhibit 252, # 3 Exhibit 253, # 4 Exhibit 254, # 5 Exhibit 255, # 6 Exhibit 256, # 7 Exhibit 257, # 8 Exhibit 258, # 9 Exhibit 259, # 10 Exhibit 260, # 11 Exhibit 261, # 12 Exhibit 262, # 13 Exhibit 263, # 14 Exhibit 264, # 15 Exhibit 265, # 16 Exhibit 266, # 17 Exhibit 267, # 18 Exhibit 268, # 19 Exhibit 269, # 20 Exhibit 270, # 21 Exhibit 271, # 22 Exhibit 272, # 23 Exhibit 273, # 24 Exhibit 274, # 25 Exhibit 275, # 26 Exhibit 276, # 27 Exhibit 277, # 28 Exhibit 278, # 29 Exhibit 279, # 30 Exhibit 280, # 31 Exhibit 281, # 32 Exhibit 282, # 33 Exhibit 283, # 34 Exhibit 284, # 35 Exhibit 285)(Lopez, Jeffrey) (Entered: 02/26/2015)

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Feb. 26, 2015

Feb. 26, 2015

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Feb. 27, 2015

Feb. 27, 2015

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Feb. 27, 2015

Feb. 27, 2015

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MOTIONS REFERRED to Magistrate Judge: Davis. 61 MOTION to Seal Exhibits 41-48 and file Redacted Brief (clar, )

Feb. 27, 2015

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Feb. 27, 2015

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Feb. 27, 2015

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Reset Deadlines as to 61 MOTION to Seal Exhibits 41-48 and file Redacted Brief. Motion Hearing set for 3/27/2015 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (Per IDD chambers) (clar, )

Feb. 27, 2015

Feb. 27, 2015

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MOTION for Leave to File by ACLU. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit ACLU Amicus Brief)(Glenberg, Rebecca) (Entered: 03/05/2015)

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March 5, 2015

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Notice of Correction

March 9, 2015

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Notice of Correction re 76 MOTION for Leave to File .The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (gwalk, )

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Opposition to 76 MOTION for Leave to File Brief of Amici Curiae filed by Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan, Courtney Tsotigh. (Attachments: # 1 Proposed Order)(Lopez, Jeffrey) (Entered: 03/09/2015)

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March 9, 2015

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Waiver of Oral Argument by ACLU (Glenberg, Rebecca) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

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Set/Reset Hearings: Bench Trial set for 7/27/2015at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. 6 trial days, 7/27 through 8/4/15, with no trial held on the Friday. (tbul, )

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March 18, 2015

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Reset Hearings: Summary Judgment Hearing reset from 5/5/15 to 6/23/2015 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee, per chambers. (tbul, )

March 18, 2015

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Set Motion and R&R Deadlines/Hearings

March 18, 2015

March 18, 2015

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Case Details

State / Territory: Virginia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2014

Closing Date: March 20, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Pro-Football, Inc., which owns and operates the Washington Redskins football club.

Plaintiff Type(s):

Closely-held (for profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Several Native American administrative petitioners, Private Entity/Person

United States, Federal

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Takings

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Order Duration: 2018 - 2018

Issues

Discrimination-area:

Sports

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

Type of Facility:

Non-government for-profit