Case: United States v. Commonwealth of Virginia

United States of America v. Commonwealth of Virginia

United States of America v. Commonwealth of Virginia

United States of America v. Commonwealth of Virginia

Complaint, filed by United States. (Attachments: # 1 Civil Cover Sheet)(Hambrick, Jonathan) (Main Document 1 replaced on 12/30/2025) (ewat, ). (Entered: 12/29/2025)

1 Civil Cover Sheet

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Initial Case Assignment

Initial Case Assignment to District Judge Robert E. Payne. (ewat, )

NOTICE of Appearance by Kevin Michael Gallagher on behalf of Commonwealth of Virginia (Gallagher, Kevin) (Entered: 12/30/2025)

Joint MOTION For Entry of Consent Judgment by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) (Entered: 12/30/2025)

1 Proposed Order

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MOTION to Intervene, For Extension of Time to File Pleading, and to Stay Adjudication of Joint Motion For Entry of Consent Judgment by The Dream Project. (Attachments: # 1 Memorandum in support, # 2 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project, # 3 Proposed Order)(Kornya, Alexander) (Entered: 12/31/2025)

1 Memorandum in support

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2 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project

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3 Proposed Order

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NOTICE of Appearance by Sophia Leticia Gregg on behalf of The Dream Project (Gregg, Sophia) (Entered: 12/31/2025)

NOTICE of Appearance by Eden Brooke Heilman on behalf of The Dream Project (Heilman, Eden) (Main Document 6 replaced on 1/2/2026) (ewat, ). (Entered: 12/31/2025)

NOTICE of Appearance by Angela A. Ciolfi on behalf of The Dream Project (Ciolfi, Angela) (Entered: 01/02/2026)

Corporate Disclosure Statement by The Dream Project. (Kornya, Alexander) (Main Document 8 replaced on 1/7/2026) (ewat, ). (Entered: 01/06/2026)

MOTION to Intervene by The Dream Project. (Attachments: # 1 Proposed Order)(Kornya, Alexander) (Entered: 01/06/2026)

Memorandum in Support re 9 MOTION to Intervene filed by The Dream Project. (Attachments: # 1 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project)(Kornya, Alexander) (Entered: 01/06/2026)

MOTION to Stay re 3 Joint MOTION For Entry of Consent Judgment by The Dream Project. (Attachments: # 1 Proposed Order)(Kornya, Alexander) (Entered: 01/06/2026)

Memorandum in Support re 11 MOTION to Stay re 3 Joint MOTION For Entry of Consent Judgment filed by The Dream Project. (Attachments: # 1 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project)(Kornya, Alexander) (Entered: 01/06/2026)

1 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project

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MOTION for Extension of Time to File Pleadings by The Dream Project. (Attachments: # 1 Proposed Order)(Kornya, Alexander) (Entered: 01/06/2026)

Memorandum in Support re 13 MOTION for Extension of Time to File Pleadings filed by The Dream Project. (Attachments: # 1 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project)(Kornya, Alexander) (Entered: 01/06/2026)

Notice of Correction re 4 MOTION to Intervene, For Extension of Time to File Pleading, and to Stay Adjudication of Joint Motion For Entry of Consent Judgment: Pleading should be re-filed as separate motions/entries on the docket: (1) Motion to Intervene; (2) Motion for Extension of Time; and (3) Motion to Stay Adjudication of Motion for Entry of Consent Judgment. The Memorandum in Support (ECF No. 4 -1) should be re-filed as its own docket entry, not as an attachment. The Dream Project's party status has been changed to "Movant." (ewat, )

Notice of Correction

Minute Entry for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 1/6/2026. (Court Reporter Melissa Custis, OCR.)(nbrow)

NOTICE of Appearance by Sean Skedzielewski on behalf of UNITED STATES OF AMERICA (Skedzielewski, Sean) (Entered: 01/07/2026)

ORDER - For the reasons set forth on the record on January 6, 2026, it is hereby ORDERED that by January 13, 2026, The Dream Project shall file the pleading necessary to satisfy its Rule 24(c) Notice and Pleading Requirement. By January 16, 2026, the Commonwealth of Virginia shall file its response to The Dream Project's Rule 24(c) filing. By January 22, 2026, The Dream Project shall file its reply to the Commonwealth of Virginia's response. By January 27, 2026, the United States shall file its response to The Dream Project's Rule 24(c) filing. By February 2, 2026, The Dream Project shall file its reply to the United States' response. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/8/2026. (ewat, ) (Entered: 01/08/2026)

Notice of Correction re 8 Corporate Disclosure Statement: Only standard.pdf documents should be filed, not fillable.pdf documents. Clerk converted document to standard.pdf and replaced document. No further action required at this time. (ewat, )

Notice of Correction

ANSWER to Complaint by Commonwealth of Virginia.(Gallagher, Kevin) (Entered: 01/09/2026)

MOTION to Intervene and to Stay Adjudication of Joint Motion for Entry of Consent Judgment by Alex Doe, Belinda Doe. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 01/14/2026)

Memorandum in Support re 18 MOTION to Intervene and to Stay Adjudication of Joint Motion for Entry of Consent Judgment filed by Alex Doe, Belinda Doe. (Attachments: # 1 Exhibit Declaration Of Alex Doe (Under Pseudonym), # 2 Exhibit Declaration Of Belinda Doe (Under Pseudonym))(McElvain, Joel) (Entered: 01/14/2026)

MOTION for Leave to Proceed Under Pseudonyms by Alex Doe, Belinda Doe. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 01/14/2026)

Memorandum in Support re 20 MOTION for Leave to Proceed Under Pseudonyms filed by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

Proposed ANSWER to Complaint by Alex Doe, Belinda Doe.(McElvain, Joel) (Entered: 01/14/2026)

Motion to appear Pro Hac Vice by Paul R.Q. Wolfson and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-10710115. by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

Motion to appear Pro Hac Vice by Christine Coogle and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-10710119. by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

Motion to appear Pro Hac Vice by Orlando Economos and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-10710120. by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

Motion to appear Pro Hac Vice by Andrew Bookbinder and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-10710122. by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

NOTICE of Appearance by Graham Keith Bryant on behalf of Commonwealth of Virginia (Bryant, Graham) (Entered: 01/15/2026)

MOTION to Intervene by Virginia Students for Affordable Tuition. (Attachments: # 1 Proposed Order, # 2 Exhibit Proposed Answer)(Calderon, Ofelia) (Entered: 01/15/2026)

Brief in Support of Motion to Intervene filed by Virginia Students for Affordable Tuition. (Calderon, Ofelia) (Entered: 01/15/2026)

Notice of Correction re 22 Answer to Complaint: Proposed Answer may not be filed until the Motion to Intervene (ECF No. 18 ) has been fully briefed by the parties and ruled upon by the Court. (ewat, )

Notice of Correction

RESPONSE in Opposition re 9 MOTION to Intervene filed by Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 01/16/2026)

Memorandum in Opposition re 18 MOTION to Intervene and to Stay Adjudication of Joint Motion for Entry of Consent Judgment filed by Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 01/16/2026)

Memorandum in Opposition re 28 MOTION to Intervene filed by Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 01/16/2026)

MOTION to Withdraw as Attorney by Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 01/17/2026)

ORDER granting 23 Motion for Pro hac vice. Paul R.Q. Wolfson Appointed for Alex Doe and Belinda Doe. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ). (Entered: 01/20/2026)

ORDER granting 24 Motion for Pro hac vice. Christine Coogle Appointed for Alex Doe and Belinda Doe. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ) (Entered: 01/20/2026)

ORDER granting 25 Motion for Pro hac vice. Orlando Economos Appointed for Alex Doe and Belinda Doe. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ) (Entered: 01/20/2026)

ORDER granting 26 Motion for Pro hac vice. Andrew Bookbinder Appointed for Alex Doe and Belinda Doe. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ) (Entered: 01/20/2026)

ORDER - Having considered the Motion to Withdraw as Counsel (ECF No. 33 ), and for good cause shown, it is hereby ORDERED that the Motion to Withdraw as Counsel (ECF No. 33 ) is granted. It is further ORDERED that the Clerk shall remove Kevin M. Gallagher, Esquire as counsel of record for the defendant. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ) (Entered: 01/20/2026)

Motion to appear Pro Hac Vice by Andrea Senteno and Certification of Local Counsel Ofelia Lee Calderon Filing fee $ 75, receipt number AVAEDC-10722415. by Virginia Students for Affordable Tuition. (Calderon, Ofelia) (Entered: 01/20/2026)

Motion to appear Pro Hac Vice by Sebastian Thomas Alarcon and Certification of Local Counsel Ofelia Lee Calderon Filing fee $ 75, receipt number AVAEDC-10722436. by Virginia Students for Affordable Tuition. (Calderon, Ofelia) (Entered: 01/20/2026)

NOTICE of Appearance by Richard Trent Taylor on behalf of Commonwealth of Virginia (Taylor, Richard) (Entered: 01/20/2026)

NOTICE by Commonwealth of Virginia re 3 Joint MOTION For Entry of Consent Judgment (Taylor, Richard) (Entered: 01/20/2026)

NOTICE by Commonwealth of Virginia re 30 Response in Opposition to Motion (Taylor, Richard) (Entered: 01/20/2026)

NOTICE by Commonwealth of Virginia re 31 Memorandum in Opposition (Taylor, Richard) (Entered: 01/20/2026)

NOTICE by Commonwealth of Virginia re 32 Memorandum in Opposition (Taylor, Richard) (Entered: 01/20/2026)

Response to 42 NOTICE of Withdrawal of Consent to Entry of Consent Judgment filed by UNITED STATES OF AMERICA. (Skedzielewski, Sean) (Entered: 01/21/2026)

MOTION to Withdraw as Attorney by Commonwealth of Virginia. (Bryant, Graham) (Entered: 01/21/2026)

ORDER granting 39 Motion for Pro hac vice. Andrea Erin Elvira Senteno Appointed for Virginia Students for Affordable Tuition. Signed by District Judge Robert E. Payne on 1/22/2026. (ewat, ) (Entered: 01/22/2026)

ORDER granting 40 Motion for Pro hac vice. Sebastian Thomas Alarcon Appointed for Virginia Students for Affordable Tuition. Signed by District Judge Robert E. Payne on 1/22/2026. (ewat, ) (Entered: 01/22/2026)

ORDER - Having considered the Motion to Withdraw as Counsel (ECF No. 47 ), and for good cause shown, it is hereby ORDERED that the Motion to Withdraw as Counsel (ECF No. 47 ) is granted. It is further ORDERED that the Clerk shall remove Graham K. Bryant, Esquire as counsel of record for the defendant. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/22/2026. (ewat, ) (Entered: 01/22/2026)

NOTICE of Appearance by Robert Olaf Lindefjeld on behalf of UNITED STATES OF AMERICA (Lindefjeld, Robert) (Entered: 01/23/2026)

NOTICE by UNITED STATES OF AMERICA re 1 Complaint Notice of Errata (Attachments: # 1 Errata Corrected Complaint)(Lindefjeld, Robert) (Entered: 01/23/2026)

NOTICE of Appearance by Mikaela Austin Phillips on behalf of Commonwealth of Virginia (Phillips, Mikaela) (Entered: 01/26/2026)

NOTICE of Appearance by Robert Sherman Claiborne, Jr on behalf of Commonwealth of Virginia (Claiborne, Robert) (Entered: 01/27/2026)

AMENDED ANSWER to Complaint by Commonwealth of Virginia. (Claiborne, Robert) (Entered: 01/27/2026)

Memorandum in Opposition re 9 MOTION to Intervene by Dream Project filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/27/2026)

Opposition to Motion to Dismiss by Dream Project filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/27/2026)

Memorandum in Opposition re 11 MOTION to Stay re 3 Joint MOTION For Entry of Consent Judgment by the Dream Project filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/27/2026)

Opposition to the Proposed Intervenors' Motion to Intervene filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/28/2026)

Opposition to the Proposed Student Intervenors' Motion to Stay Adjudication of Joint Motion for Entry of Consent Judgment filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/28/2026)

Opposition to Proposed Student Intervenors' Motion for Leave to Proceed Using Pseudonyms filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/28/2026)

Memorandum in Opposition re 28 MOTION to Intervene by Virginia Students for Affordable Tuition filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/29/2026)

TRANSCRIPT of proceedings held on January 6, 2026, before Judge Robert E. Payne, Court Reporter Melissa Custis, Telephone number 804-916-2278. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/2/2026. Redacted Transcript Deadline set for 4/2/2026. Release of Transcript Restriction set for 5/1/2026.(Custis, Melissa) (Entered: 01/31/2026)

Reply to 56 Memorandum in Opposition to Motion to Intervene filed by The Dream Project. (Kornya, Alexander) (Entered: 02/02/2026)

Reply to 58 Memorandum in Opposition to Motion to Stay filed by The Dream Project. (Kornya, Alexander) (Entered: 02/02/2026)

Reply to 60 Opposition, 59 Opposition to the Proposed Intervenors' Motion to Intervene and Motion to Stay Adjudication of Joint Motion for Entry of Consent Judgment filed by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 02/03/2026)

Reply to 61 Opposition to Proposed Student Intervenors' Motion for Leave to Proceed Using Pseudonyms filed by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 02/03/2026)

Reply to 62 Memorandum in Opposition to Motion to Intervene filed by Virginia Students for Affordable Tuition. (Calderon, Ofelia) (Entered: 02/04/2026)

Consent MOTION to Withdraw as Attorney by The Dream Project. (Attachments: # 1 Proposed Order)(Gregg, Sophia) (Entered: 02/09/2026)

MOTION to Withdraw as Attorney by UNITED STATES OF AMERICA. (Perez, Elianis) (Entered: 02/09/2026)

ORDER - Having considered the MOTION TO WITHDRAW AS COUNSEL (ECF No. 70 ), and for good cause shown, it is hereby ORDERED that the MOTION TO WITHDRAW AS COUNSEL (ECF No. 70 ) is granted. It is further ORDERED that the Clerk shall remove Elianis N. Perez, Esquire as counsel of record for the plaintiff. It is so ORDERED. Signed by District Judge Robert E. Payne on 2/13/2026. (ewat, ) (Entered: 02/13/2026)

ORDER - Having considered the CONSENT MOTION TO WITHDRAW APPEARANCE (ECF No. 69 ), and there being no objection thereto, it is hereby ORDERED that the CONSENT MOTION TO WITHDRAW APPEARANCE (ECF No. 69 ) is granted. It is further ORDERED that the Clerk shall remove Sophia L. Gregg, Esquire and Eden B. Heilman, Esquire as counsel of record for the Intervenor-Defendant, The Dream Project. It is so ORDERED. Signed by District Judge Robert E. Payne on 2/13/2026. (ewat, ) (Entered: 02/13/2026)

NOTICE by Alex Doe, Belinda Doe, The Dream Project, Virginia Students for Affordable Tuition of Submission of Motions to Intervene without a Hearing (Calderon, Ofelia) (Entered: 02/23/2026)

MEMORANDUM ORDER - The JOINT MOTION (ECF No. 3 ) is denied as moot. The following motions are denied as moot: MOTION TO INTERVENE by Dream Project (ECF No. 9 ); MOTION TO STAY ADJUDICATION OF JOINT MOTION FOR ENTRY OF CONSENT JUDGMENT by Dream Project (ECF No. [11); MOTION FOR EXTENSION OF TIME TO FILE PLEADING (ECF No. 13 ); MOTION TO INTERVENE AND TO STAY ADJUDICATION OF JOINT MOTION FOR ENTRY OF CONSENT JUDGMENT by Alex and Belinda Doe (ECF No. 18 ); MOTION FOR LEAVE TO PROCEED UNDER PSEUDONYMS by Alex and Belinda Doe(ECF No. 20 ); and VIRGINIA STUDENTS FOR AFFORDABLE TUITION'S MOTION TO INTERVENE (ECF No. 28 ). The dismissal is without prejudice to seek leave to refile, if, in light of the new conditions in this matter, intervention is thought to be permissible. Such motions, if any, must be filed by March 9, 2026. It is also ORDERED that the Initial Pretrial Conference in this case is scheduled for 10:00 a.m. Wednesday March 18, 2026. It is so ORDERED. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 2/27/2026. (ewat, ) (Entered: 02/27/2026)

ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 3/18/2026 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of Senior District Judge Robert E. Payne on 3/2/2026. (nbrow) (Entered: 03/02/2026)

SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of Senior District Judge Robert E. Payne on 3/2/2026. (Attachment: # 1 Schedule A)(nbrow) (Entered: 03/02/2026)

Joint MOTION to Set a Summary Judgment Briefing Schedule and Vacate Order Setting Pretrial Conference and Scheduling Order re 76 Scheduling Order, 75 Order,, Set/Reset Hearings, by Commonwealth of Virginia. (Attachments: # 1 Exhibit Exhibit A - Proposed Order)(Claiborne, Robert) (Entered: 03/12/2026)

ORDER. Initial Pretrial Conference reset for 3/18/2026 at 01:30 PM in Richmond Judges Chamber before Senior District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of Senior District Judge Robert E. Payne on 3/12/2026. (nbrow) (Entered: 03/12/2026)

ORDER - It is hereby ORDERED that the JOINT MOTION TO SET A SUMMARY JUDGMENT BRIEFING SCHEDULE AND VACATE ORDER SETTING PRETRIAL CONFERENCE AND SCHEDULING ORDER (ECF No. 77 ) is denied and counsel shall appear at the Initial Pretrial Conference scheduled for 1:30 p.m. March 18, 2026. The matter raised in the motion respecting a summary judgment briefing schedule shall be discussed at the Initial Pretrial Conference. It is so ORDERED. Signed by District Judge Robert E. Payne on 3/17/2026. (ewat, ) (Entered: 03/17/2026)

Minute Entry for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held on 3/18/2026. Appearances: Jonathan Hambrick, Robert Lindefield, Sean Skedzelewski, Richard Taylor, Mikaela Phillips, Robert Claiborne, Jr. (Court Reporter Ruth Levy, OCR.)(nbrow)

TRANSCRIPT of proceedings held on 3/18/2026, before Judge Robert E. Payne, Court Reporter Ruth Levy, Telephone number,804-916-2893. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/20/2026. Redacted Transcript Deadline set for 5/20/2026. Release of Transcript Restriction set for 6/18/2026.(Levy, Ruth) (Entered: 03/20/2026)

ORDER setting briefing schedule. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 3/20/26. (mful, ) (Entered: 03/20/2026)

Set Hearing: Motion for Summary Judgment Hearing set for 7/7/2026 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow)

NOTICE by UNITED STATES OF AMERICA Attaching Decisions From Kentucky And Minnesota (Attachments: # 1 Exhibit E.D. Ky. Opinion and Order, # 2 Exhibit D. Minn. Opinion and Order)(Lindefjeld, Robert) (Entered: 04/01/2026)

STIPULATION OF FACTS NOT IN DISPUTE by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 04/17/2026)

MOTION for Summary Judgment by UNITED STATES OF AMERICA. (Attachments: # 1 Memorandum of Law In Support of Plaintiff's Motion for Summary Judgment)(Lindefjeld, Robert) (Entered: 04/17/2026)

1 Memorandum of Law In Support of Plaintiff's Motion for Summary Judgment

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MOTION for Summary Judgment by Commonwealth of Virginia. (Claiborne, Robert) (Entered: 04/17/2026)

Brief in Support to 85 MOTION for Summary Judgment filed by Commonwealth of Virginia. (Claiborne, Robert) (Entered: 04/17/2026)