Human Rights Alert

PO Box 526, La Verne, CA 91750

Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://human-rights-alert.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert

11-01-13 Notes in re: Commonwealth of Virginia v Sebelius (3:10-cv-00188) in the US District

Court, Eastern District of Virginia – Constitutional challenge to the Obama Health Care
Law – Litigation Records

All PACER-CM/ECF records were downloaded on January 13, 2011. [i ]

Below are notes regarding specific records.
For all the reasons listed below, the PACER docket, as published online, appears as false and deliberately
misleading court record.
In order to further examine the matter, requests will be filed with Clerk of the Court Fernando Galindo to
certify the docket, and to provide copies of the electronic certificates of authentication/attestation (NEFs –
Notices of Electronic Filing) of key records.
A. Docket Report:
Header data -
Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II v. Sebelius
Assigned to: District Judge Henry E. Hudson
Cause: 28:1331 Federal Question
Date Filed: 03/23/2010
Date Terminated: 12/13/2010
Jury Demand: None
Nature of Suit: 950 Constitutional - State Statute
Jurisdiction: U.S. Government Defendant

Date Filed # Docket Text

03/23/2010 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Kathleen Sebelius; filing
fee paid $ 350, receipt number 34683007662; filed by Commonwealth of Virginia, Ex Rel.
Kenneth T. Cuccinelli, II. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(cmcc, ) (Entered:
03/23/2010)

03/23/2010 2 Summons Issued as to Kathleen Sebelius, U.S. Attorney and U.S. Attorney General. Delivered to
counsel. (cmcc, ) (Entered: 03/23/2010)

03/23/2010 3 ORDER that the undersigned recuses himself from presiding over this action. It is hereby
ORDERED that the Clerk reassign this action to another judge in accord with the standard
assignment system. Signed by District Judge Robert E. Payne on 3/23/2010. Copies to
counsel.(cmcc, ) (Entered: 03/23/2010)

03/23/2010 Case reassigned by standard assignment system to District Judge Henry E. Hudson. District
Judge Robert E. Payne no longer assigned to the case. (Reassigned pursuant to Order entered
3/23/2010.) (cmcc, ) (Entered: 03/23/2010)

03/25/2010 4 Certificate of Reporting Service by Kathleen Sebelius. Kathleen Sebelius served on 3/23/2010,
answer due 5/24/2010. (cmcc, ) (Entered: 03/26/2010)

04/30/2010 5 ORDER SETTING PRETRIAL CONFERENCE - Initial Pretrial Conference set for 6/3/2010 at
9:15 AM before District Judge Henry E. Hudson (rpiz) (Entered: 04/30/2010)

04/30/2010 6 SCHEDULING ORDER with Attachment # 1 Pretrial Schedule A (signed by District Judge Henry
E. Hudson on 4/30/2010) (rpiz) (Entered: 04/30/2010)
 z Page 2/3 January 14, 2011

06/03/2010 24 Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Liscio,
OCR): Initial Pretrial Conference held on 6/3/2010. Hearing on deft's Motion to Dismiss scheduled
for 7/1/2010 at 10:00 a.m. Hearing on Motions for Summary Judgment scheduled for 10/18/2010
at 9:00 a.m.; all briefs due 14 days prior to hearing date. (rpiz) (Entered: 06/03/2010)

07/01/2010 80 Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Liscio,
OCR): Motion Hearing held on 7/1/2010 re 21 Motion to Dismiss filed by Kathleen Sebelius.
Argument heard. Motion taken under advisement by Court; Memorandum Opinion to enter. (rpiz)
(Entered: 07/02/2010)

09/03/2010 88 MOTION for Summary Judgment by Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II.
(Getchell, Earle) (Entered: 09/03/2010)

09/03/2010 90 MOTION for Summary Judgment by Kathleen Sebelius. (Hambrick, Jonathan) (Entered:
09/03/2010)

12/13/2010 161 MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 12/13/2010. (walk, )
(Entered: 12/13/2010)

12/13/2010 162 ORDER that Plaintiff's 88 Motion for Summary Judgment is GRANTED as to its request for
declaratory relief and DENIED as to its request for injunctive relief, and Defendant's 90Motion for
Summary Judgment is DENIED. It is so ORDERED. Signed by District Judge Henry E. Hudson on
12/13/2010. (walk, ) (Entered: 12/13/2010)

• #001- main Complaint: No clerk signature on the “FILED” stamp.

• #001-1 Civil Cover Sheet – no assignment is noted.
• #002 Summons - no Seal of Court (stamp, not graphic stamp signature of the clerk) - no valid Summons
Issued
• #>003 Docket text with no docket number, could not possibly have an NEF - no Valid Assignment Order
for Judge Hudson.
• #004 Certificate of Service of Process by USDOJ does not explicitly list summons and complaint as
served. The Certificate is not listed as related to the Summons in the Related Transactions Report
• #024 Minutes record lists no Deputy Clerk at all, or anybody else who issued the minutes - not a valid
Minutes record
• #080 Minutes record lists no Deputy Clerk at all, or anybody else who issued the minutes - not a valid
Minutes record
• #0161 Memorandum Opinion, but not a Summary Judgment
• #0162 Order Granting Summary Judgment, but not a Summary Judgment
• No Judgment is listed as issued or entered in the docket; likewise - no Judgment listed in the Judgment
Index.

B. Judgment Index
No Judgment was entered, but the case is listed in the Docket header as “terminated”, and the Calendar report
lists no future events.

C. Pending Statuses Report

“There Are No Pending Status Records For This Case.

No statuses have been terminated for this case.”

D. Related Transactions:
• Complaint is not listed as terminated.
• Summons is not listed as terminated.
• Service of Summons is not listed as related to summons.
z Page 3/3 January 14, 2011

E. Docket Activity Report

Entered:12/13/2010 Category: order walk

11:54:54 Event: Memorandum & Type: crt
Filed: 12/13/2010 Opinion
Document: 161
Entered:12/13/2010 Category: order walk
12:01:37 Event: Order on Motion for Summary Type: crt
Filed: 12/13/2010 Judgment
Document: 162

i
11-01-13 Commonwealth of Virginia v Sebelius (3:10-cv-00188) in the US District Court, Eastern District of Virginia – Constitutional
challenge to the Obama Health Care Law – Litigation Records s
http://www.scribd.com/doc/46829272/