3:17-mc-00002-MHL) VIRGINIA DEPARTMENT OF CORRECTIONS v. Richard Jordan; Ricky Chase

FILED: November 7, 2018
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
___________________
No. 17-7594
(3:17-mc-00002-MHL)
___________________
VIRGINIA DEPARTMENT OF CORRECTIONS
Petitioner - Appellee
v.
RICHARD JORDAN; RICKY CHASE
Respondents - Appellants
___________________
O R D E R
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The parties are directed to file supplemental briefs addressing the following three
issues:
1. Whether this Court is required to address the issue of state sovereign immunity
in this case in light of Vermont Agency of Nat. Res. v. United States ex rel.
Stevens, 529 U.S. 765 (2000); Constantine v. Rectors & Visitors of George
Mason Univ., 411 F.3d 474 (4th Cir. 2005); and Strawser v. Atkins, 290 F.3d
720 (4th Cir. 2002).
2. Whether state sovereign immunity shields Virginia Department of Corrections
from this federal third-party subpoena.
3. Whether circumstances and/or principles limit the application of state
sovereign immunity to federal third-party subpoenas, and how those principles

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apply in this case.
Appellee shall file its brief on these issues, not to exceed 20 pages of argument,
by November 29, 2018; Appellants shall file a response, not to exceed 20 pages of
argument, by December 21, 2018; and Appellee may file a reply, not to exceed 7 pages
of argument, no later than January 7, 2019.
The Court also invites the filing of amicus curiae briefs, not to exceed 20 pages
of argument, addressing these issues. Any amicus curiae supporting Appellee, or not
supporting either party, shall file its brief by December 6, 2018. Any amicus curiae
supporting Appellants shall file its brief by January 3, 2019.
For the Court
/s/ Patricia S. Connor, Clerk

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