Virginia Eastern District Court, Case No. 1:02-cv-01665-CMH:
Layne v. Radley Automobiles, et al

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No Logo Cecil Layne, Plaintiff

Alexander H. Blankingship, III
Blankingship & Christiano, PC
Phone: +1 571 313 0412
Fax: +1 571 313 0582
E-Mail: hugo@blankingship.com

v.
No Logo Mercury Finance Company of Virginia, Defendant

Rebecca Everett Kuehn
Federal Trade Commission
Phone: +1 202 326 3224
Fax: +1 202 326 3629

No Logo Radley Automobiles Incorporated, Defendant

Francis Joseph Prior, Jr.
Siciliano, Ellis, Dyer & Boccarosse
Phone: +1 703 385 6692
E-Mail: fprior@sedblaw.com

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Office Alexandria
Filed 11/13/2002
Jury Demand Plaintiff
Demand $0
Nature of Suit 371 - Truth in Lending
Cause Section 15 U.S.C. § 1601 Truth in Lending
Jurisdiction Federal Question
Disposition Dismissed - Other
County Fredericksburg City
Terminated 1/3/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 03-1164[]
Def Custody Status
Flags CLOSED, JURY
 -- Filed: 11/13/2002, Entered: 11/14/2002 Set/Clear Flags
Jury Trial Flag (mcke)
 -- Filed: 11/13/2002, Entered: 11/14/2002 Summons Issued
SUMMONS(ES) (Org. & 2) issued and given to atty for service by SPS on defts Radley Automobiles, Mercury Finance Co. (mcke)
 1 Filed: 11/13/2002, Entered: 11/14/2002 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 159440; jury demand (mcke)
 5 Filed: 12/4/2002, Entered: 12/12/2002 Summons Returned Executed
SUMMONS Returned Executed as to Radley Automobiles (Radley Imports,Inc.) 11/22/02 Answer due on 12/12/02 for Radley Automobiles (the deft's name was named incorrectly on the complaint as Radley Automobiles Incorporated, the summons read Radley Imports, Inc., pltfs counsel will do an amended complaint to correct the deft's name) (mcke)
 2 Filed: 12/11/2002, Entered: 12/11/2002, Terminated: 1/3/2003 Motion to Dismiss
MOTION by Mercury Finance Co. to Dismiss (mcke)
 3 Filed: 12/11/2002, Entered: 12/11/2002 Memorandum in Support
MEMORANDUM by Mercury Finance Co. in support of [2-1] motion by Mercury Finance Co. to Dismiss (mcke)
 4 Filed: 12/11/2002, Entered: 12/11/2002 Notice of Hearing Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge Claude M. Hilton set for 10:00 1/3/03 for [2-1] motion by Mercury Finance Co. to Dismiss (mcke)
 6 Filed: 12/12/2002, Entered: 12/12/2002, Terminated: 1/3/2003 Answer to Complaint
ANSWER to Complaint by Radley Automobiles (Attorney Francis Joseph Prior Jr.), (mcke)
 7 Filed: 12/12/2002, Entered: 12/12/2002, Terminated: 1/3/2003 Motion to Dismiss
MOTION by Radley Automobiles to Dismiss pursuant to rule 12(b)(1)(6) (counsel notified to submit notice of hearing) (mcke) Modified on 12/12/2002
 8 Filed: 12/12/2002, Entered: 12/12/2002 Memorandum in Support
MEMORANDUM by Radley Automobiles in support of [7-1] motion by Radley Automobiles to Dismiss pursuant to rule 12(b)(1)(6) (mcke)
 9 Filed: 12/13/2002, Entered: 12/16/2002 Notice of Hearing Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge Claude M. Hilton set for 10:00 1/3/03 for [7-1] motion by Radley Automobiles to Dismiss pursuant to rule 12(b)(1)(6) (mcke)
 10 Filed: 12/27/2002, Entered: 12/30/2002 Memorandum in Opposition
MEMORANDUM by Cecil Layne in opposition to [7-1] motion by Radley Automobiles to Dismiss pursuant to rule 12(b)(1)(6) (stas)
 11 Filed: 12/27/2002, Entered: 12/30/2002 Memorandum in Opposition
MEMORANDUM by Cecil Layne in opposition to [2-1] motion by Mercury Finance Co. to Dismiss (stas)
 -- Filed: 1/2/2003, Entered: 1/2/2003 Docket Annotation
Per CMH chambers motions set for 01/03/03 on papers (stas)
 -- Filed: 1/3/2003, Entered: 1/6/2003 Suspense Deadline
Amended Complaint Due by Cecil Layne set 1/17/03 (mcke)
 -- Filed: 1/3/2003, Entered: 2/3/2003 Terminated Case
Case closed, all pleadings accounted for (mcke)
 12 Filed: 1/3/2003, Entered: 1/6/2003 Order Court Filing
ORDER [7-1] motion by Radley Automobiles to Dismiss pursuant to rule 12(b)(1)(6), [2-1] motion by Mercury Finance Co. to Dismiss and this case is DISMISSED, and that Counts III through VI are dismissed without prejudice to be pursued in state court, and pltf has fourteen (14) days to file an amended complaint. ( signed by Judge Claude M. Hilton ) Copies Mailed: yes [EOD Date: 1/6/03] (mcke)
 13 Filed: 1/7/2003, Entered: 1/9/2003 Order Court Filing
ORDER setting Initial Pretrial Conference for 10:50 1/22/03 Discovery Deadline for 4/11/03 Final Pretrial Conference for 10:30 4/17/03 (see order for details) ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (clerk) Modified on 01/09/2003
 14 Filed: 1/17/2003, Entered: 1/21/2003 Remark
Report by defendant Mercury Finance Co. (stas)
 -- Filed: 1/21/2003, Entered: 1/27/2003 Pretrial Conference - Initial
Initial pretrial conference held by MJ Buchanan; Appearances of counsel for pltf and deft; case to be dismissed (clerk)
 15 Filed: 1/31/2003, Entered: 2/3/2003 Notice of Appeal
NOTICE OF APPEAL OF [12-1] order dated 1/3/03 by Cecil Layne. FILING FEE $ 105.00 RECEIPT # 161161. Copy of notice, order, docket sheet, transmittal sheet mailed to USCA. Copies sent to Cecil Layne, Radley Automobiles, Mercury Finance Co. (mcke)
 -- Filed: 2/7/2003, Entered: 2/10/2003 USCA Case Number
USCA Case Number Re: [15-1] appeal by Cecil Layne CASE MANAGER: Lisa Jerrigan USCA NUMBER: 03-1164 (mcke)
 -- Filed: 4/2/2003, Entered: 4/2/2003 Certificate of Completion
Certification of completion sent to USCA re: [15-1] appeal by Cecil Layne (kjon)
 16 Filed: 4/24/2003, Entered: 4/29/2003 USCA Judgment
JUDGMENT OF USCA (certified copy) dismissing this appeal upon such terms as have been agreed to by the parties, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure Re: [15-1] Appeal (clerk)

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