Tobey v. Napolitano et al

Filing 68

NOTICE OF INTERLOCUTORY APPEAL as to 54 Order on Motion to Dismiss, Order on Motion to Stay,,,,,,, by Terri Jones, Rebecca Smith. (Meier, Robin)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
AARON TOBEY,

)
)
Plaintiff,
)
)
v.
)
)
JANET NAPOLITANO, et al.,
)
)
Defendants.
)
____________________________________)

Civil Action No. 3:11cv154-HEH

NOTICE OF APPEAL
Notice is hereby given that Rebecca Smith and Terri Jones,* defendants in the abovestyled case (No. 11-cv-154), hereby appeal to the United States Court of Appeals for the Fourth
Circuit from the order partially denying their motion to dismiss based on qualified immunity,
entered in this action on the 30th day of August, 2011.
DATED this 28th day of October, 2011.
Respectfully submitted,

NEIL H. MACBRIDE
UNITED STATES ATTORNEY
By:

*

/s/
Robin P. Meier
Virginia State Bar #65825
Attorney for Defendant
Office of the United States Attorney
600 East Main Street, Suite 1800
Richmond, Virginia 23219

Pursuant to the Stipulated Protective Order entered in this case on May 27,2011, this
Notice employs pseudonyms for Defendants Smith and Jones. A copy of Plaintiff’s First
Amended Complaint disclosing Smith and Jones’s true identities has been filed under seal with
the Court.

[phone] (phone)
[phone] (fax)
[e-mail]
TONY WEST
Assistant Attorney General
SANDRA M. SCHRAIBMAN
Assistant Branch Director
CARLOTTA P. WELLS
Senior Trial Counsel
U.S. Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, D.C. 20044
[phone] (telephone)
Attorneys for Defendants Smith and Jones

-2-

CERTIFICATE OF SERVICE
I hereby certify that on this 28th day of October, 2011, I electronically filed the foregoing
with the Clerk of Court using the CM/ECF system, which will send a notification of such filing
(NEF) to the following:
Alan C Veronick
Anand Agneshwar

[e-mail]
[e-mail]

Belinda Duke Jones

[e-mail]

Henry Irving Willett , III
[e-mail]

[e-mail], [e-mail],

James Jeffrey Knicely [e-mail], [e-mail],
[e-mail], [e-mail]
Paul Wilbur Jacobs , II

[e-mail]

By:

/s/
Robin P. Meier
Virginia State Bar #65825
Attorney for Defendant
Office of the United States Attorney
600 East Main Street, Suite 1800
Richmond, Virginia 23219
[phone] (phone)
[phone] (fax)
[e-mail]