Defendant: Anonymized Party [212B7EE], Anonymized Party [3052826], Anonymized Party [6E6499A], Anonymized Party [6EC8AA8], Anonymized Party [87AD6AF], Anonymized Party [8F46A63], Anonymized Party [A5C9792], Anonymized Party [A78639B], Anonymized Party [B065D18], Anonymized Party [B383B60], Anonymized Party [BC409C7], Anonymized Party [C112954], Anonymized Party [C57CE81], Anonymized Party [CB9A350], Anonymized Party [DBDFBEE], Anonymized Party [F382A01], City Of Virginia Beach, Virginia, Patrick Duhaney, Tom Leahy, Virginia Beach City Council
Interested party: Anonymized Party [8F46A63]
Plaintiff: Anonymized Party [B980537], Anonymized Party [D61C329]
Response to 259 Order on Motion for Miscellaneous Relief,,,, filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Ex. A - Declaration of Kimball W. Brace)(McKnight, Katherine)
MEMORANDUM OPINION AND ORDER. Defendant's 262 Emergency Motion to Stay Injunction is DENIED. Signed by District Judge Raymond A. Jackson on 7/19/21. (bpet, )
NOTICE by CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 262 Emergency MOTION to Stay Injunction of Filing - Petition to Request Writ of Special Election (Attachments: # 1 Exhibit A - Petition to Request Writ of Special Election)(McKnight, Katherine)
ORDER granting 251 Motion to Withdraw as Attorney for Plaintiffs. Attorney Ruth Merewyn Greenwood terminated as counsel for Plaintiffs. Signed by District Judge Raymond A. Jackson on July 14, 2021.
ORDER of USCA granting Motion for abeyance; pending district court's issuance of a remedial order and final judgment as to 247 Notice of Appeal. [21-1533] (mrees, )
REPLY to Response to Motion re 262 Emergency MOTION to Stay Injunction filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (McKnight, Katherine)
Emergency MOTION to Stay Injunction by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, A78639B, Patrick Duhaney, DBDFBEE, B383B60, C112954, BC409C7, Tom Leahy, 6EC8AA8, F382A01, 6E6499A, C57CE81, 8F46A63, 212B7EE, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Proposed Order PROPOSED ORDER, # 2 Exhibit EXHIBIT 1, # 3 Exhibit EXHIBIT 2)(McKnight, Katherine)
Response to 252 Order, filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Affidavit of Kimball W. Brace, # 2 Affidavit of Lisa R. Handley)(McKnight, Katherine)
Before the Court is the Defendants Motion to Modify the Remedial Briefing Schedule. ECF No. 256. On March 31, 2021, the Court entered a judgment declaring the City of Virginia Beachs at-large method of election illegal. ECF No. 242. On May 25, 2021, the Court ordered the parties to submit proposed remedial plans by July 1, 2021 to redress the at-large system of election for the Virginia Beach City Council. ECF No. 252. It remains the Courts intention that the parties comply with the Briefing Schedule, ECF No. 252, and submit proposed remedial plans by July 1, 2021. However, Defendants may respond, by July 20, 2021, to any remedial plan the Plaintiffs propose. Similarly, Plaintiffs may reply, by July 30, 2021, to the Defendants response. Thereafter, the Court will have all proposed plans reviewed by an independent court-appointed expert as the Court drafts a remedial plan. The Court will schedule any remedial briefings or argument as the Court deems necessary. Therefore, for the foregoing reasons, Defendants Motion, ECF No. 256, is DENIED. Nunc Pro Tunc June 3, 2021
RESPONSE in Opposition re 256 MOTION to Modify the Remedial Briefing Schedule re 252 Order, filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Proposed Order)(McKnight, Katherine)
ORDER: The Court VACATES the deadline of May 31, 2021. Plaintiff's petition for attorney's fees and costs will be due at a later date, to be determined by the court, in connection with future proceedings. Signed by Magistrate Judge Douglas E. Miller on 5/28/21. (mrees, )
ORDER: The Court further ORDERS the parties to submit proposed remedial plans by July 1, 2021 to redress the at-large system of election for the Virginia Beach City Counsel. See Order for details. Signed by District Judge Raymond A. Jackson on 5/11/21. (mrees, )
USCA Case Number 21-1533 - Case Manager Anisha Walker for 247 Notice of Appeal, filed by B065D18, 87AD6AF, 6E6499A, 6EC8AA8, B383B60, 8F46A63, CB9A350, C112954, 3052826, Patrick Duhaney, C57CE81, DBDFBEE, A5C9792, Virginia Beach City Council, City of Virginia Beach, Virginia. (afar)
Transmission of Notice of Appeal to US Court of Appeals re 247 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov). (Attachments: # 1 Notice of Appeal)(bpet, )
Minute Entry for proceedings held before Magistrate Judge Robert J. Krask:Settlement Conference held on 4/30/2021. The conference was productive and counsel will contact the Court during the week of 5/3/2021 to indicate whether they will be presenting the Court with an agreed proposal for the resolution of the case. (btit, )
ORDER granting 246 Motion for Pro hac vice for Mark Peter Gaber as to B980537, D61C329. Signed by District Judge Raymond A. Jackson on 4/29/21. (bpet, )
NOTICE OF APPEAL as to 242 Memorandum Opinion,,, by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. Filing fee $ 505, receipt number AVAEDC-7760254. (McKnight, Katherine)
Motion to appear Pro Hac Vice by Mark Peter Gaber and Certification of Local Counsel Joseph Gerald Hebert Filing fee $ 75, receipt number AVAEDC-7754862. by B980537, D61C329. (Hebert, Joseph)
ORDER granting 244 Motion for Extension of Time to File Motion for Fees and Costs and supporting material. In light of the settlement conference scheduled on April 30, 2021, and without objection by Defendant, the Motion for Attorneys Fees and Costs shall be filed no later than May 31, 2021. Signed by Magistrate Judge Douglas E. Miller on April 15, 2021 (Miller, Douglas)
Third Settlement Conference Order: All parties and their lead counsel are required to appear before the undersigned via Zoomgov remote proceedings for a settlement conference at 9:30 a.m. on April 30,2021. The parties must submit a brief memorandum of five pages or less directly to the chambers of the undersigned (do not file in the clerk's office) by noon on April 23, 2021. See Order for additional details. Signed by Magistrate Judge Robert J. Krask on 4/14/21. (afar)
MEMORANDUM OPINION AND ORDER: It is hereby DECLARED that Virginia's Beach at-large method of election is illegal and cannot be enforced in future elections. It is, therefore, ORDERED, that any further use of the at-large system of election for the Virginia Beach City Council is hereby ENJOINED. ORDERED, that the City of Virginia Beach shall not adopt any system of election for members of its City Council that does not comply with Section 2 of the Voting Rights act. ORDERED, that the City of Virginia Beach shall not implement or utilize any practice, policy, procedure or other action that results in the dilution of minority participation in the electoral process. The Court GRANTS Plaintiff's request for attorneys' fees, costs, and litigation expenses and shall file their request within 30 days. See Order for details. Signed by District Judge Raymond A. Jackson on 3/31/21. (mrees, )
NOTICE by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 (Attachments: # 1 Exhibit Exhibit A)(McKnight, Katherine)
Proposed Findings of Fact by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (McKnight, Katherine)
ORDER granting in part and denying in part 231 Motion to Seal. The Motion to Seal the documents set forth in Plaintiff's memorandum is DENIED. Instead Plaintiff's motion is Granted to the extent that Plaintiff is directed to send the Courtroom Deputy a copy of each document in the memorandum that Plaintiff seeks to seal with the Plaintiff's address redacted. The Court will substitute the redacted copy of the document for the copy in the record which contains Plaintiff's address. IT IS SO ORDERED. Plaintiff is further ORDERED to contact the court reporter to redact plaintiff's or any witnesses address from the record. Signed by District Judge Raymond A. Jackson on November 3, 2020.
TRANSCRIPT of proceedings (Bench Trial - Day 6) held on 10-14-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol)
TRANSCRIPT of proceedings (Bench Trial - Day 5) held on 10-13-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol)
TRANSCRIPT of proceedings (Bench Trial - Day 4) held on 10-09-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol)
TRANSCRIPT of proceedings (Bench Trial - Day 3) held on 10-08-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol)
SEALED TRANSCRIPT of proceedings (Bench Trial - Day 2) held on 10-07-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol) Modified security restriction and text on 11/4/2020 (afar).
TRANSCRIPT of proceedings (Bench Trial - Day 1) held on 10-06-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol)
ORDER: The proposed findings of fact and law must be submitted no later thanDecember 1, 2020 and shall be limited to no more than forty-five (45) pages without any attachments.. Signed by District Judge Raymond A. Jackson on 10/14/20. (Copies distributed as directed 10/14/20). (mrees, )
BENCH TRIAL (Day #6) before District Judge Raymond A. Jackson completed on 10/14/2020. Court and counsel appeared pursuant to adjournment last evening. Defendants resumed presentation of evidence. Exhibits admitted. Defendants rest. No rebuttal case by plaintiffs. Defendants renew judgment for partial findings - court Defers ruling. Parties are to file post-trial motions within 45 days and file proposed finding of fact and conclusion of law by December 1, 2020. Court adjourned. (Attachments: # 1 Witness List, # 2 Exhibit List) (Court Reporter Carol Naughton, OCR.)(ptom, ) (Attachment 2 replaced on 10/15/2020) (ptom, ).
BENCH TRIAL (Day #5) before District Judge Raymond A. Jackson held on 10/13/2020. Court and counsel appeared pursuant to adjournment last Friday, 10/9/20. Defendants resumed presentation of evidence witness sworn and testified. Exhibits admitted. Objections heard and rulings made on the record.Court adjourned until Wednesday, October 14, 2020 at 10:00 a.m. Bench Trial set for 10/14/2020at 10:00 AM in Norfolk Courtroom 3 before District Judge Raymond A. Jackson. (Court Reporter Carol Naughton, OCR.)(ptom, )
BENCH TRIAL (Day #4) before District Judge Raymond A. Jackson held on 10/9/2020. Court and counsel appeared pursuant to adjournment last evening. Defendants resumed presentation of evidence - witnesses sworn and testified. Exhibits admitted. Objections heard and rulings made on the record. Court adjourned until Tuesday, October 13, 2020 at 10:00 a.m. Bench Trial continued to 10/13/2020 at 10:00 AM in Norfolk Courtroom 3 before District Judge Raymond A. Jackson. (Court Reporter Carol Naughton, OCR.)(ptom, )
BENCH TRIAL (Day #3) before District Judge Raymond A. Jackson held on 10/8/2020. Court and counsel appeared pursuant to adjournment last evening. Plaintiff resumed presentation of evidence - witnesses sworn and testified.Exhibits admitted. Objections heard and rulings made on the record. Plaintiff rest. Defense motion for judgment of partial findings Argued Court takes matter under advisement. Defense presented evidence - Witness sworn and testified. Exhibits admitted. Objections heard and rulings made on the record. Court adjourned until Friday, October 9, 2020 at 10:00 a.m. Bench Trial continued to 10/9/2020at 10:00 AM in Norfolk Courtroom 3 before District Judge Raymond A. Jackson. (Court Reporter Carol Naughton, OCR.)(ptom, )
BENCH TRIAL (Day #2) before District Judge Raymond A. Jackson held on 10/7/2020. Court and counsel appeared pursuant to adjournment last evening. Plaintiff resumed presentation of evidence - witnesses sworn and testified.Exhibits admitted. Objections heard and rulings made on the record. Court adjourned until Thursday, October 8, 2020 at 9:30 a.m. (Court Reporter Carol Naughton, OCR.)(ptom, )
FINAL PRETRIAL ORDER. Signed by District Judge Raymond A. Jackson & filed in open court on 10/6/20. (Attachments: # 1 Ex. A Joint Stipulations, # 2 Ex. B Pls Witness List, # 3 Ex. C. Pls Exhibit List, # 4 Ex. D. Dfts Witness List, # 5 Ex. E. Dfts Exhibit List)(ptom, ) (Attachment 1 replaced on 11/4/2020) (ptom, ).
Bench Trial (Day #1) before District Judge Raymond A. Jackson held on 10/6/2020. Christopher Lamar, Dana Paikowsky, Robert Weiner, Simone Leeper and Ruth Greenwood appeared on behalf of plaintiffs. Gerald Harris, Christopher Boynton, Erika Prouty, Joseph Kurt, Katherine McKnight and Patrick Lewis appeared on behalf of the defendants. Comments of Court - Final Pretrial Order, filed. Opening statements heard.Plaintiff presents evidence - witness sworn and testified. Exhibits admitted.Objections heard and rulings made on the record. Upon motion of the plaintiff, Court GRANTS issuance of trial subpoena for Shewling Moye. Bench Trial continued to 10/7/2020 at 09:30 AM in Norfolk Courtroom 3 before District Judge Raymond A. Jackson. (Court Reporter Carol Naughton, OCR.)(ptom) (Main Document 209 replaced on 10/7/2020) (ptom, ).
Notice of Correction re 205 Pretrial Memorandum. Document number 205 contains a proposed order, in support of a document. These types of documents should be submitted as separate attachments to the main document, rather than contained in the main document. The documents have been removed. No further action is required at this time. (mrees, )
205
Filed: 10/2/2020, Entered: 10/2/2020
PRETRIAL MEMORANDUM by B980537, D61C329. (Attachments: # 1 Exhibit A - Joint Stipulations, # 2 Exhibit B - Plaintiffs' Witness List, # 3 Exhibit C - Plaintiffs' Exhibit List, # 4 Exhibit D - Defendants' Witness List, # 5 Exhibit E - Defendant's Exhibit List)(Hebert, Joseph)
ORDER: The Motion for the Admission of the Testimony of Professor Allan Litchman is DENIED as moot. Signed by District Judge Raymond A. Jackson on 10/2/20. (mrees, )
Withdrawal of Motion by All Plaintiffs re 197 MOTION FOR AN ORDER PROVIDING FOR THE ADMISSION OF THE TESTIMONY OF PROFESSOR ALLAN LICHTMAN OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF TRIAL (Attachments: # 1 Proposed Order)(Hebert, Joseph)
Telephone Conference before District Judge Raymond A. Jackson held on 10/1/2020 re: electronic authorization and #197 Motion by the plaintiffs. Robert Weiner and Ruth Greenwood appeared on behalf of the plaintiffs. Gerald Harris, Christopher Boynton and Katherine McKnight appeared on behalf of the defendants. Comments of the Court. Parties are to file any response or supplemental information, re: #197 Motion, by 1:00p.m. on Friday, 10/2/20. Court will issue an order. Court adjourned (Court Reporter Carol Naughton, OCR.)(ptom, )
ORDER granting 188 Motion for Pro hac vice for Erika Dackin Prouty as to 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792 and 3052826. Signed by District Judge Raymond A. Jackson on 10/1/20. (tlev, )
Memorandum in Support re 197 MOTION FOR AN ORDER PROVIDING FOR THE ADMISSION OF THE TESTIMONY OF PROFESSOR ALLAN LICHTMAN OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF TRIAL , Brief in Support filed by B980537, D61C329. (Hebert, Joseph)
MOTION FOR AN ORDER PROVIDING FOR THE ADMISSION OF THE TESTIMONY OF PROFESSOR ALLAN LICHTMAN OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF TRIAL by B980537, D61C329. (Attachments: # 1 Exhibit 1 (Lichtman Declaration), # 2 Exhibit 2 (Dr's Statement re Lichtman))(Hebert, Joseph)
Proposed Findings of Fact by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (McKnight, Katherine)
ORDER denying 189 Motion. It is hereby ORDERED that the Plaintiffs' Motion for an Order Permitting One Witness and One Attorney For Plaintiffs to Appear at Trial Via Video Conference, filed on September 25, 2020, is Denied. First, the Plaintiffs' Motion was not filed in a timely fashion and Defendants were not given an opportunity to attempt to arrange alternative means to have the witness testify. Second, the Court finds that the Plaintiffs did not provide sufficient evidence to support good cause for Plaintiffs expert witness to testify by video. Also, the Plaintiffs did not provide sufficient evidence to show good cause to allow Plaintiffs counsel to testify via video. The Court has implemented the necessary safeguards to protect the parties, witnesses, and attorneys during the bench trial to be protected from contracting COVID-19. Further the Court recommended to the parties, on September 15, 2020, that they should coordinate and make the necessary arrangements for the safety of their witnesses. Moreover, the Court was apprised today that given other trials, it does not have the equipment to conduct remote testimony in this case. Signed by District Judge Raymond A. Jackson on September 29, 2020.
REPLY to Response to Motion re 189 MOTION FOR AN ORDER PERMITTING ONE WITNESS AND ONE ATTORNEY FOR PLAINTIFFS TO APPEAR AT TRIAL VIA VIDEO CONFERENCE filed by B980537, D61C329. (Attachments: # 1 Exhibit Doctor's Letter, # 2 Exhibit Hebert Declaration)(Hebert, Joseph)
RESPONSE in Opposition re 189 MOTION FOR AN ORDER PERMITTING ONE WITNESS AND ONE ATTORNEY FOR PLAINTIFFS TO APPEAR AT TRIAL VIA VIDEO CONFERENCE filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (McKnight, Katherine)
MOTION FOR AN ORDER PERMITTING ONE WITNESS AND ONE ATTORNEY FOR PLAINTIFFS TO APPEAR AT TRIAL VIA VIDEO CONFERENCE by B980537, D61C329. (Hebert, Joseph)
Motion to appear Pro Hac Vice by Erika Dackin Prouty and Certification of Local Counsel Katherine L. McKnight Filing fee $ 75, receipt number 0422-7417496. by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (McKnight, Katherine)
FINAL PRETRIAL CONFERENCE held before District Judge Raymond A. Jackson: Carol Naughton, OCR. Joseph Hebert, Robert Weiner, and Christopher Lamar present on behalf of plaintiffs. Gerald Harris, Christopher Boynton, and Katherine McKnight present on behalf of defendants. Final Pretrial Conference held on 9/18/2020. Comments of court heard. Counsel shall present a revised Final Pretrial Order no later than October 2, 2020. Court adjourned. (sche)
ORDER: It is hereby ORDERED that the Defendants' Motion to Quash Subpoenas, filed on August 27, 2020, is withdrawn. Signed by District Judge Raymond A. Jackson on 9/15/20. (Copies distributed as directed 9/15/20). (mrees, )
ORDER: It is hereby ORDERED, ADJUDGED and DECREED that the Order of August 21 (ECF No. 172) is amended and the deadline by which Plaintiffs' may take the deposition of Defendants' expert is September 17, 2020. Signed by District Judge Raymond A. Jackson on 9/14/20. (mrees, )
Notice of Correction re 182 Objection, 181 Objection. The filing user(s) has been notified that pursuant to FRCP 5(d) and/or the Rule 16(b) Scheduling Order, discovery documents are not to be filed. (mrees, )
Filed: 9/10/2020, Entered: 9/10/2020
Notice of Correction re 179 Rule 26 Disclosure, 180 Rule 26 Disclosure. The filing user(s) has been notified that pursuant to FRCP 5(d) and/or the Rule 16(b) SchedulingOrder, discovery documents are not to be filed. (mrees, )
182
Filed: 9/9/2020, Entered: 9/9/2020
Objection to 179 Rule 26 Disclosure filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, A78639B, Patrick Duhaney, DBDFBEE, B383B60, C112954, BC409C7, Tom Leahy, 6EC8AA8, F382A01, 6E6499A, C57CE81, 8F46A63, 212B7EE, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Exhibit Exhibit A)(McKnight, Katherine)
181
Filed: 9/9/2020, Entered: 9/9/2020
Objection to 180 Rule 26 Disclosure filed by B980537, D61C329. (Attachments: # 1 Exhibit Plaintiffs' Objections to Defendants' Exhibit List)(Hebert, Joseph)
180
Filed: 9/2/2020, Entered: 9/2/2020
Rule 26 Disclosure by All Defendants. (Attachments: # 1 Exhibit A - Defendants' Exhibit List)(McKnight, Katherine)
ORDER granting 174 Motion for Pro hac vice for Dana Paikowsky as to B980537 and D61C329. Signed by District Judge Raymond A. Jackson on 9/1/20. (tlev, )
Electronic Fee Payment - Pro Hac Vice as to 174 Motion to appear Pro Hac Vice by Dana Paikowsky and Certification of Local Counsel Joseph Gerald Hebert by B980537, D61C329. Filing fee $ 75, receipt number 0422-7379029.. (Hebert, Joseph)
Memorandum in Support re 175 MOTION to Quash Subpoenas filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(McKnight, Katherine)
MOTION to Quash Subpoenas by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (McKnight, Katherine)
Second Settlement Conference Order: Settlement Conference Scheduled for September 11, 2020 at 1:30pm; Memorandum due by noon on September 4, 2020. See Order for details. Signed by Magistrate Judge Robert J. Krask on 8/21/20. (mrees, )
ORDER: Plaintiffs' Motion to Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery (ECF No. 153) is DENIED as MOOT. In consideration of the foregoing. Defendants' Motion to Exclude Supplemental Expert Reports (ECF No. 160) is DENIED as MOOT. Nothing in this Order shall be construed to change the existing deadlines set forth in this Court's Amended Rule 16(b) Scheduling Order dated May 15, 2020 (ECF No. 142). Signed by Magistrate Judge Douglas E. Miller on 8/21/20. (mrees, )
NOTICE by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, Patrick Duhaney, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery , 160 MOTION to Exclude Supplemental Expert Reports as requested by Magistrate Judge Douglas E. Miller (Attachments: # 1 Proposed Order)(Harris, Gerald)
Set Deadlines/Hearings Second Settlement Conference set for 9/11/2020 at 01:30 PM in Norfolk Remote via Zoom before Magistrate Judge Robert J. Krask. (jjon)
ORDER- Joint Stipulated Motion for Substitution of a Party is GRANTED. Patrick Duhaney is substituted for Tom Leahy as a Defendant as his capacity as City Manager for the City of Virginia Beach. Signed by Magistrate Judge Douglas E. Miller on 8/20/20. (mrees, )
Joint MOTION to Substitute Party by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, B383B60, Tom Leahy, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Proposed Order)(Harris, Gerald)
REPLY to Response to Motion re 160 MOTION to Exclude Supplemental Expert Reports filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, B383B60, C112954, Tom Leahy, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Kurt, Joseph)
Set Deadlines as to 153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery , 160 MOTION to Exclude Supplemental Expert Reports. Motion Hearing set for 8/19/2020 at 11:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
Filed: 8/6/2020, Entered: 8/6/2020
Telephone Conference before District Judge Raymond A. Jackson held on 8/6/2020. (ptom, )
RESPONSE in Opposition re 160 MOTION to Exclude Supplemental Expert Reports filed by B980537, D61C329. (Attachments: # 1 Exhibit Email from Defs' Attorney Chris Boynton, # 2 Exhibit Email Correspondence Discussing Supplemental Deposition of Mr. Fairfax, # 3 Exhibit Email from Plaintiffs' Counsel to Defendants' Counsel, # 4 Exhibit March 16, 2020 Email from Plaintiffs' Counsel to Defendants' Counsel, # 5 Exhibit Supplemental Deposition of Dr. Spencer, # 6 Exhibit Supplemental Deposition of Mr. Fairfax, # 7 Exhibit Defendants' Rebuttal Expert Report, # 8 Exhibit Deposition Transcript of Defendants' Expert)(Hebert, Joseph)
Request for Hearing by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, B383B60, C112954, Tom Leahy, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery (Harris, Gerald)
NOTICE by B980537, D61C329 re 153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery Waiver of Request for a Hearing (Hebert, Joseph)
MOTIONS REFERRED to Magistrate Judge: Miller. 153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery (mrees, )
Reply to Motion re 153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery filed by B980537, D61C329. (Attachments: # 1 Exhibit Parties' Joint Proposed Schedule)(Hebert, Joseph)
MOTION to Exclude Supplemental Expert Reports by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, B383B60, C112954, Tom Leahy, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Kurt, Joseph)
Request for Hearing by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, B383B60, C112954, Tom Leahy, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 149 MOTION to Dismiss for Lack of Jurisdiction (McKnight, Katherine)
REPLY to Response to Motion re 149 MOTION to Dismiss for Lack of Jurisdiction filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, B383B60, C112954, Tom Leahy, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (McKnight, Katherine)
Motion to appear Pro Hac Vice by Simone Leeper and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-7296394. by D61C329 and B980537. (Hebert, Joseph) Modified text on 9/2/2020 (tlev, ).
Memorandum in Support re 153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery filed by B980537, D61C329. (Attachments: # 1 Exhibit Defendants' Third Supplemental Disclosure, # 2 Exhibit Plaintiffs' First Meet and Confer Letter, # 3 Exhibit Defendants' First Response, # 4 Exhibit Plaintiffs' Second Meet and Confer Letter, # 5 Exhibit Defendants' Second Meet and Confer Letter)(Hebert, Joseph)
ORDER granting 147 Motion to Substitute Party. Tom Leahy is substituted for David Hansen as a Defendant in his official capacity. Signed by District Judge Raymond A. Jackson on 7/2/20. (bpet, )
ORDER granting 148 Motion for Pro hac vice for Patrick Thomas Lewis by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. Signed by District Judge Raymond A. Jackson on 07/01/2020. (bboy, )
Memorandum in Support re 149 MOTION to Dismiss for Lack of Jurisdiction filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Exhibit A to Memorandum, # 2 Exhibit B to Memorandum, # 3 Exhibit C to Memorandum)(McKnight, Katherine)
MOTION to Dismiss for Lack of Jurisdiction by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Proposed Order Proposed Order)(McKnight, Katherine)
Motion to appear Pro Hac Vice by Patrick Thomas Lewis and Certification of Local Counsel Katherine McKnight Filing fee $ 75, receipt number 0422-7272080. by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (McKnight, Katherine)
Notice of Correction re 146 Notice of Appearance: Incorrect parties were selected and if a party name needs correction please file a Motion to Correct the Name for the Court Record. The incorrect party that was selected is David Hansen, as he was NOT noted on the document. Document 146 appears to have Tom Leahy listed instead, and is not listed a party in the above case. The clerk's office will update the parties in the docket text to match the filing. (mrees, )
NOTICE of Appearance by Richard Bryan Raile on behalf of 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 (Raile, Richard) Modified text to match document on 6/11/2020 (mrees, ).
NOTICE of Appearance by Katherine Lea McKnight on behalf of 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 (McKnight, Katherine)
NOTICE by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 132 Second MOTION to Bifurcate - Joint Waiver of Oral Argument and Request for Decision without a Hearing (Harris, Gerald)
ORDER Amending 16(b) Scheduling Order - Bench Trial set for 10/6/2020at 10:00 AM in Norfolk. Final Pretrial Conference set for 9/18/2020 at 11:00 AM in Norfolk. Signed by District Judge Raymond A. Jackson & filed on 5/15/20. (ptom, )
REPLY to Response to Motion re 132 Second MOTION to Bifurcate filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Kurt, Joseph)
ORDER granting 137 Motion for Leave to File Late Response. The Opposition brief filed April 28, 2020 (ESF No. 136) is deemed timely filed. Signed by Magistrate Judge Douglas E. Miller on April 30, 2020. (Miller, Douglas)
Filed: 4/30/2020, Entered: 4/30/2020
MOTION REFERRED to Magistrate Judge Douglas E. Miller: 137 MOTION for Leave to File Untimely Response to Defendants' Renewed Motion to Bifurcate re 136 Response in Opposition to Motion. (bpet, )
Memorandum in Support re 137 MOTION for Leave to File Untimely Response to Defendants' Renewed Motion to Bifurcate re 136 Response in Opposition to Motion filed by B980537, D61C329. (Hebert, Joseph)
MOTION for Leave to File Untimely Response to Defendants' Renewed Motion to Bifurcate re 136 Response in Opposition to Motion by B980537, D61C329. (Hebert, Joseph)
Notice of Correction re 136 Response in Opposition to Motion: The filing user has been advised that leave of court is required to file a response out of time. (bpet, )
Motion to appear Pro Hac Vice by Robert Weiner and Certification of Local Counsel Joseph Gerald Hebert Filing fee $ 75, receipt number 0422-7179976. by D61C329 and B980537. (Attachments: # 1 Appendix R Weiner - List of Federal Court Admissions)(Hebert, Joseph) Modified text on 9/2/2020 (tlev, ).
Memorandum in Support re 132 Second MOTION to Bifurcate filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, A78639B, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, 8F46A63, 212B7EE, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Kurt, Joseph)
Second MOTION to Bifurcate by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, A78639B, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, 8F46A63, 212B7EE, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Kurt, Joseph)
NOTICE by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 127 MOTION for Certificate of Appealability ; Joint Waiver of Oral Argument and Request for Decision without a Hearing (Harris, Gerald)
REPLY to Response to Motion re 127 MOTION for Certificate of Appealability filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Harris, Gerald)
Memorandum in Opposition re 127 MOTION for Certificate of Appealability filed by B980537, D61C329. (Attachments: # 1 Exhibit Email from Patrice Thompson to Gerry Hebert)(Hebert, Joseph)
Memorandum in Support re 127 MOTION for Certificate of Appealability filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Harris, Gerald)
MOTION for Certificate of Appealability by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Harris, Gerald)
ORDER denying 114 Motion for Summary Judgment. The Courtroom Deputy will contact counsel to schedule an additional Rule 16 (b) conference. Signed by District Judge Raymond A. Jackson on 3/11/20. (mrees, )
Case Reassigned to District Judge Raymond A. Jackson. District Judge Arenda L. Wright B980537 no longer assigned to the case. (afar)
125
Filed: 11/22/2019, Entered: 11/22/2019
ORDER granting 123 , Plaintiffs' Motion to Amend the Scheduling Order over Defendants' objections as follows: the deadlines in the current Scheduling Order (ECF No. 72) are STRICKEN. The new deadlines are: pretrial disclosures required by Rule 26(a)(3) including witness lists, proposed exhibit lists and motions in limine shall be delivered to all counsel and unrepresented parties on or before 14 days after the Court rules on Defendants' pending Motion for Summary Judgment; objections to these disclosures not resolved at the Attorney Conference shall be filed and delivered to all counsel and unrepresented parties on or before 14 days after the Rule 26(a)(3) disclosures; the Attorney Conference shall take place on or before seven days after the Rule 26(a)(3) disclosures are filed and delivered; the final Pretrial Conference shall be conducted 21 days after the Rule 26(a)(3) disclosures are filed and delivered; counsel for Plaintiffs shall distribute a proposed final draft of the Pretrial Order on or before 14 days after the Rule 26(a)(3) disclosures are filed and delivered. Signed by District Judge Arenda L. Wright B980537 on 11/22/2019. (B980537, Arenda)
NOTICE by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 113 Order on Motion for Miscellaneous Relief, (Harris, Gerald)
Request for Hearing by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 114 MOTION for Summary Judgment (Harris, Gerald)
REPLY to Response to Motion re 114 MOTION for Summary Judgment filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Exhibit (9) Plaintiffs' Meet and Confer Letter date July 30, 2019, # 2 Exhibit (10) Deposition Transcript of Plaintiff B980537)(Harris, Gerald)
ORDER granting 119 Motion for Extension of Time to File Response/Reply re 114 MOTION for Summary Judgment; granting 119 Motion for Leave to File Excess Pages. Defendants may file a Reply of no more than 30 pages on or before November 15, 2019. Replies due by 11/15/2019.. Signed by Magistrate Judge Douglas E. Miller on November 7, 2019. (Miller, Douglas)
Filed: 11/6/2019, Entered: 11/6/2019
MOTIONS REFERRED to Magistrate Judge: Miller. 119 MOTION for Extension of Time to File Response/Reply and MOTION for Leave to File Excess Pages (afar)
MOTION for Extension of Time to File Response/Reply and, MOTION for Leave to File Excess Pages by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Harris, Gerald)
ORDER granting 116 Motion for Leave to File Excess Pages. Plaintiffs may file a 40-page brief to address the arguments raised by Defendant's Motion for Summary Judgment. No deadlines are affected by this Order. Signed by Magistrate Judge Douglas E. Miller on November 5, 2019. (Miller, Douglas)
Filed: 11/5/2019, Entered: 11/5/2019
MOTIONS REFERRED to Magistrate Judge: Miller. 116 MOTION for Leave to File Excess Pages (afar)
Memorandum in Support re 114 MOTION for Summary Judgment filed by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Exhibit Report of Anthony Fairfax, # 2 Exhibit Rebuttal Report of Anthony Fairfax, # 3 Exhibit Deposition of Anthony Fairfax (1 of 3), # 4 Exhibit Deposition of Anthony Fairfax (2 of 3), # 5 Exhibit Deposition of Anthony Fairfax (3 of 3), # 6 Exhibit Report of Douglas Spencer, # 7 Exhibit Rebuttal Report of Douglas Spencer, # 8 Exhibit Deposition of Douglas Spencer, # 9 Exhibit Data Set of Douglas Spencer, # 10 Exhibit Deposition of Allan Lichtman)(Harris, Gerald)
MOTION for Summary Judgment by 87AD6AF, CB9A350, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, 6EC8AA8, 6E6499A, C57CE81, 8F46A63, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Harris, Gerald)
ORDER re Joint Motion to Amend Rule 16(b) Scheduling Order and Rule 26(f) Pretrial Order. ECF No. 111. The Motion is GRANTED in part. The trial date of January 14,2020 is hereby STRICKEN. Should a trial remain necessary after dispositive motions are resolved, the Court will confer with counsel to set a new trial date. See Order for details and deadlines. Signed by District Judge Arenda L. Wright B980537 on 9/17/2019. (dcou, )
ORDER granting 107 , a Motion to appear Pro Hac Vice by Erin Chlopak as certified by local counsel J. Gerald Hebert for B980537, D61C329. Signed by District Judge Arenda L. Wright B980537 on 9/4/2019. (B980537, Arenda)
Motion to appear Pro Hac Vice by Erin Chlopak and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6816661. by B980537, D61C329. (Hebert, Joseph)
RESPONSE in Opposition re 100 MOTION to Quash and Plaintiffs' Motion to Compel and Motion for Sanctions filed by B980537, D61C329. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hebert, Joseph)
ORDER AMENDING RULE 16(B) SCHEDULING ORDER: It APPEARING the parties are in agreement with the proposed amendments. Defendants and Plaintiff's Joint Motion to Amend Rule 16(b) Scheduling Order is hereby GRANTED and it is hereby ORDERED that the Rule 16(b) Scheduling Order (ECF No. 72) in this matter shall be amended as indicated herein. See Order for deadlines and dates. Signed by District Judge Arenda L. Wright B980537 on 8/9/2019. (dcou, )
Letter from CB9A350 indicating the following: I would like to join Councilman 8F46A63 motion for the same reasons conveyed in his object and motions and his memorandum in support. (dcou, )
ORDER granting 96 , a Joint Stipulated Motion to Substitute Party as follows: Defendants F382A01 and BC409C7, sued in their official capacities, no longer hold seats on the Virginia Beach City Council. Accordingly, they are replaced as defendants by 8F46A63 and CB9A350. Signed by District Judge Arenda L. Wright B980537 on 8/9/2019. (B980537, Arenda)
Brief in Support to 100 OBJECTION TO SUBPOENA DUCES TECUM, MOTION TO QUASH SUBPOENA DUCES TECUM, AND MOTION FOR PROTECTIVE ORDER filed by 8F46A63. (Attachments: # 1 Affidavit)(dcou, )
OBJECTION TO SUBPOENA DUCES TECUM, MOTION TO QUASH SUBPOENA DUCES TECUM, AND MOTION FOR PROTECTIVE ORDER by 8F46A63. (Attachments: # 1 Cover Letter)(dcou, )
Joint MOTION Entry of Order Amending Rule 16(b) Scheduling Order re 72 Order Rule 16(b) Scheduling Order, by 87AD6AF, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Proposed Order Exhibit 1 Agreed Order)(Boynton, Christopher)
Joint MOTION for Protective Order by 87AD6AF, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Proposed Order Exhibit A Consent Protective Order)(Boynton, Christopher)
ORDER: On July 12, 2019, the Court denied the defendants' motion to bifurcate trial, with leave to renew after the completion of discovery. ECF No. 93. Because the Court has denied the defendants motion to bifurcate trial, limiting discovery to "phase one" is not appropriate at this time. Accordingly, both the defendants' motion for protective order regarding requests for production, ECF No. 75, and the defendants' supplemental motion for protective order regarding subpoena requests, ECF No. 90, are DENIED. The plaintiffs' request for an award of fees and costs is also DENIED. Signed by Magistrate Judge Robert J. Krask on 7/19/2019. (dcou, )
REPLY to Response to Motion re 90 Supplemental MOTION for Protective Order filed by 87AD6AF, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Harris, Gerald)
ORDER: Defendants' Motion to Bifurcate (ECF No. 79) is DENIED with leave to renew after completion of discovery. If Defendants choose to file a renewed Motion to Bifurcate, it shall be filed on or before September 17, 2019. Signed by District Judge Arenda L. Wright B980537 on 7/12/2019. (dcou, )
Opposition to 91 Memorandum in Support, 90 Supplemental MOTION for Protective Order filed by B980537, D61C329. (Attachments: # 1 Exhibit A (Defendants' Responses to Plaintiffs' Requests for Admission))(Hebert, Joseph)
Memorandum in Support re 90 Supplemental MOTION for Protective Order filed by 87AD6AF, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Rule 45 Subpoena to DBDFBEE)(Harris, Gerald)
Supplemental MOTION for Protective Order by 87AD6AF, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Harris, Gerald)
ORDER AMENDING RULE 16(B) SCHEDULING ORDER: It APPEARING the parties are in agreement with the proposed amendments. Defendants Motion to Amend Rule 16(b) Scheduling Order is hereby GRANTED and it is hereby ORDERED that the Rule 16(b) Scheduling Order (EOF No. 72) in this matter shall be amended as indicated herein. See Order for deadlines. Signed by Magistrate Judge Robert J. Krask on 6/24/2019. (dcou, )
MOTION for Entry of Order Amending Rule 16(b) Scheduling Order by 87AD6AF, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Proposed Order Amending Rule 16(b) Scheduling Order)(Harris, Gerald)
Request for Hearing by 87AD6AF, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 79 MOTION to Bifurcate (Harris, Gerald)
REPLY to Response to Motion re 79 MOTION to Bifurcate Trial filed by 87AD6AF, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Harris, Gerald)
ORDER granting 83 , the Motion to appear Pro Hac Vice by Christopher Lamar as certified by local counsel J. Gerald Hebert. Signed by District Judge Arenda L. Wright B980537 on 6/18/2019. (B980537, Arenda)
Request for Hearing by 87AD6AF, City of Virginia Beach, Virginia, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, Virginia Beach City Council, B065D18, A5C9792, 3052826 re 75 MOTION for Protective Order , 76 Memorandum in Support, (Kurt, Joseph)
REPLY to Response to Motion re 75 MOTION for Protective Order filed by 87AD6AF, City of Virginia Beach, Virginia, A78639B, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, 212B7EE, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Kurt, Joseph)
Notice of Correction re 77 Motion to appear Pro Hac Vice by Christopher Lamar and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6664329. The Clerk's Office has notified counsel regarding incomplete information. When re-filed counsel should not pay a second filing fee. (tlev, )
Memorandum in Support re 79 MOTION to Bifurcate Trial filed by 87AD6AF, City of Virginia Beach, Virginia, A78639B, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, 212B7EE, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Kurt, Joseph)
MOTION to Bifurcate by 87AD6AF, City of Virginia Beach, Virginia, A78639B, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, 212B7EE, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Kurt, Joseph)
Motion to appear Pro Hac Vice by Christopher Lamar and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6664329. by B980537, D61C329. (Hebert, Joseph)
Memorandum in Support re 75 MOTION for Protective Order filed by 87AD6AF, City of Virginia Beach, Virginia, A78639B, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, 212B7EE, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Attachments: # 1 Exhibit)(Kurt, Joseph)
MOTION for Protective Order by 87AD6AF, City of Virginia Beach, Virginia, A78639B, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, F382A01, 6E6499A, C57CE81, 212B7EE, Virginia Beach City Council, B065D18, A5C9792, 3052826. (Kurt, Joseph)
Settlement Conference Order: Settlement conference scheduled for September 16, 2019 at 9:30 a.m.; memorandum due September 9, 2019 by noon; see Order for details. Signed by Magistrate Judge Robert J. Krask on 5/1/2019. (dcou, )
Set/Reset Hearings: Settlement Conference set for 9/16/2019 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Robert J. Krask. (jjon)
73
Filed: 4/9/2019, Entered: 4/9/2019
ORDER granting 68 , the Motion to Substitute Parties, as follows: A78639B and 212B7EE, two Defendants named in their official capacities, no longer hold elected office. The parties jointly stipulate that the new active members of the City Council of Virginia Beach, F382A01, C57CE81, and 3052826, shall be named Defendants. Signed by District Judge Arenda L. Wright B980537 on 4/9/2019. (B980537, Arenda)
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 12/20/2019 at 11:00 AM at the courthouse in Norfolk. Bench Trial set for 1/14/2020 at 10:00 AM in Norfolk. Signed by District Judge Arenda L. Wright B980537 and filed on 4/2/19. (lhow)
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 3/20/2019 at 11:00 AM in Norfolk Courtroom 3. Signed by Magistrate Judge Robert J. Krask on 3/4/2019, filed 3/5/2019. (vwar)
ORDER granting 69 , the Motion to Withdraw as Attorney filed by Charquia Venee Wright; Ms. Wright has concluded her engagement at the firm handling this matter on behalf of Plaintiffs. Defendants do not oppose this withdrawal. Signed by District Judge Arenda L. Wright B980537 on 2/1/2019. (B980537, Arenda)
ANSWER to Complaint by 87AD6AF, City of Virginia Beach, Virginia, A78639B, DBDFBEE, David L. Hansen, B383B60, C112954, BC409C7, 6EC8AA8, 6E6499A, 212B7EE, Virginia Beach City Council, B065D18, A5C9792.(Harris, Gerald)
ORDER granting 64 Motion for Extension of Time to File Response/Reply. Defendant City of Virginia Beach's time for responding to the plaintiffs' amended complaint is extended to match the filing deadline for the newly added defendants, who have agreed to waive service of process. Signed by Magistrate Judge Robert J. Krask on 11/20/2018. (Krask, Robert)
Filed: 11/19/2018, Entered: 11/19/2018
MOTIONS REFERRED to Magistrate Judge: Krask. 64 MOTION for Extension of Time to File Response/Reply as to 62 Amended Complaint,, (dcou, )
Summonses Issued as to All Defendants. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Summons A78639B, # 2 Summons DBDFBEE, # 3 Summons Hansen, # 4 Summons B383B60, # 5 Summons C112954, # 6 Summons BC409C7, # 7 Summons 6EC8AA8, # 8 Summons 6E6499A, # 9 Summons VB City Council, # 10 Summons B065D18, # 11 Summons A5C9792, # 12 Civil Motions Procedure)(dcou, )
AMENDED COMPLAINT against All Defendants, filed by D61C329, B980537. (Attachments: # 1 Exhibit Summons for B383B60, # 2 Exhibit Summons for A78639B, # 3 Exhibit Summons for David L. Hansen, # 4 Exhibit Summons for 6E6499A, # 5 Exhibit Summons for A5C9792, # 6 Exhibit Summons for Jessica Abbot, # 7 Exhibit Summons for 6EC8AA8, # 8 Exhibit Summons for 212B7EE, # 9 Exhibit Summons for C112954, # 10 Exhibit Summons for DBDFBEE, # 11 Exhibit Summons for B065D18, # 12 Exhibit Summons for BC409C7, # 13 Exhibit Summons for Virginia Beach City Council)(Wright, Charquia)
ORDER granting 49 , the Motion to appear Pro Hac Vice by Ruth M. Greenwood as certified by local counsel Charquia Wright for D61C329. Signed by District Judge Arenda L. Wright B980537 on 10/02/2018. (B980537, Arenda)
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Filed: 9/27/2018, Entered: 9/27/2018
ORDER granting 57 , the Motion to appear Pro Hac Vice by Paul M. Smith as certified by local counsel J. Gerald Hebert for D61C329. Signed by District Judge Arenda L. Wright B980537 on 9/27/2018. (B980537, Arenda)
ORDER: The Court GRANTS Plaintiff leave to file an Amended Complaint within forty-five days from the date of entry of this Order. As a result, Defendant's Motion to Dismiss, ECF No, 13, is DISMISSED as moot; Plaintiff's First Motion to Amend, ECF No. 28, is DISMISSED as moot; Plaintiff's Second Motion to Amend, ECF No. 32, is DISMISSED as moot; Plaintiffs Motion for Extension, ECF No. 33, is DISMISSED as moot; Plaintiff's Motion to Certify, ECF No. 34, is DISMISSED as moot; Plaintiff's Motion for Preliminary Injunction, ECF No. 35, is DISMISSED as moot; Plaintiff's Motion for Reconsideration, ECF No. 37, is DISMISSED as moot; Plaintiff's Motion to Stay, ECF No. 41, is DISMISSESD as moot; and Plaintiff's Third Motion to Amend, ECF No. 43, is DISMISSED as moot. Copies of this Order sent as DIRECTED on 9.26.18. Signed by District Judge Arenda L. Wright B980537 and filed n 9/26/2018. (epri)
ORDER granting 52 , the Motion to appear Pro Hac Vice by Annabelle Elizabeth Harless as certified by local counsel Charquia Wright for D61C329. Signed by District Judge Arenda L. Wright B980537 on 9/26/2018. (B980537, Arenda)
Motion to appear Pro Hac Vice by Paul M. Smith and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6289359. by D61C329. (Hebert, J.)
ORDER granting 51 , the Motion to appear Pro Hac Vice by Danielle Lang as certified by local counsel J. Gerald Hebert for D61C329. Signed by District Judge Arenda L. Wright B980537 on 9/26/2018. (B980537, Arenda)
Motion to appear Pro Hac Vice by Annabelle Elizabeth Harless and Certification of Local Counsel Charquia Wright Filing fee $ 75, receipt number 0422-6288200. by D61C329. (Wright, Charquia)
Motion to appear Pro Hac Vice by Danielle Lang and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6287890. by D61C329. (Hebert, J.)
Motion to appear Pro Hac Vice by Ruth M. Greenwood and Certification of Local Counsel Charquia Wright Filing fee $ 75, receipt number 0422-6286172. by D61C329. (Wright, Charquia)
Notice of Correction re 47 Notice of Appearance. The filing user has been notified that document (47) is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document.(epri)
47
Filed: 9/24/2018, Entered: 9/24/2018
NOTICE of Appearance by Charquia Venee Wright on behalf of D61C329 (Wright, Charquia)
PLAINTIFF' S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STAY AND AMENDED COMPLAINT, re 41 and 43 filed by D61C329 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Letter)(epri)
Consolidated Reply Memorandum In Opposition to City's Brief In Opposition to Plaintiff's Amended Complaint For Declaratory and Injunctive Relief and Preliminary Injunction filed by D61C329. (afar)
RESPONSE in Opposition re 28 MOTION for Leave to File Amended Complaint and Add Additional Defendants filed by City of Virginia Beach, Virginia. (Harris, Gerald)
REPLY to Response to Motion re 13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by City of Virginia Beach, Virginia. (Harris, Gerald)
ORDER: Plaintiff's Motion for Extension, ECF No. 23, is GRANTED. To the extent Plaintiff wishes to file a response brief in opposition to Defendant's Motion to Dismiss, Plaintiff is DIRECTED to do so within forty-five days from the date of entry of this Order. To the extent Defendant wishes to reply to any response brief filed by Plaintiff, Defendant is DIRECTED to do so within fourteen days after the service of Plaintiff's response brief. Further, Plaintiff's Renewed Motion for Appointment of Counsel, ECF No. 24, is DENIED at this time without prejudice. Copies of this Order sent as DIRECTED on 6.5.18. Signed by District Judge Arenda L. Wright B980537 and filed on 6/5/2018. (epri)
ORDER: To the extent Plaintiff wishes to file a response brief in opposition to Defendant's Motion to Dismiss, Plaintiff is DIRECTED to do so within twenty-one days from the date of entry of this Order. To the extent Defendant wishes to reply to any response brief filed by Plaintiff, Defendant is DIRECTED to do so within six days after the service of Plaintiff's response brief. Copies of this Order sent as DIRECTED on 5.21.18. Signed by District Judge Arenda L. Wright B980537 on 5/18/2018. (epri)
USCA Mandate re 7 Notice of Appeal. The judgment of this court, entered April 24, 2018, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (18-1186) (epri)
USCA JUDGMENT as to 7 Notice of Appeal filed by D61C329. In accordance with the decision of this court, this appeal is dismissed.This judgment shall take effect upon issuance of this court's mandate inaccordance with Fed. R. App. P. 41. (18-1186) (epri)
Opinion of USCA (Copy) DISMISSED re 7 Notice of Appeal attached copy of judgment will not take effect until issuance of the mandate. Dismissed by unpublished per curiam opinion. (18-1186) (epri)
ORDER: Plaintiff's Motion to Stay, ECF No. 10, is GRANTED, and this action is stayed pending the resolution of Plaintiff's appeal to the Fourth Circuit. Copies of this Order sent as DIRECTED on 4.12.18. Signed by District Judge Arenda L. Wright B980537 and filed on 4/12/2018. (epri)
Notice of Correction re 15 Notice of Appearance. Unfortunately, document number 15 does not include a Certificate of Service. Please file the Certificate of Service as a separate document. Use the Certificate of Service event (under notices) and link the Certificate of Service to the document it was omitted from. (jjon)
Memorandum in Support re 13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by City of Virginia Beach, Virginia. (Attachments: # 1 Exhibit A)(Harris, Gerald)
WAIVER OF SERVICE Returned Executed by City of Virginia Beach, Virginia. City of Virginia Beach, Virginia waiver sent on 2/12/2018. (Attachments: # 1 Letter)(jjon)
ORDER: Plaintiff's Motion for Leave to File Interlocutory Appeal, ECF No. 6, is DENIED. The Court will DEFER its ruling on Plaintiff's Motion to Stay, ECF No. 10, until Defendant files its responsive pleading with the Court. Copies of this Order sent as DIRECTED on 2.23.18. Signed by District Judge Arenda L. Wright B980537 and filed on 2/23/2018. (epri)
Transmission of Notice of Appeal to US Court of Appeals re 7 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Attachments: # 1 Notice of Appeal)(epri)
ORDER: The Court GRANTS Plaintiff's IFP Application, ECF No. 1, and the Clerk is DIRECTED to file Plaintiff's Complaint. The Clerk is further DIRECTED to prepare a Notice of Lawsuit and Waiver of Service form for Defendant. A copy of the Complaint, this Order, the Notice of Lawsuit, and two copies of the Waiver of Service form are to be sent to Defendant at the address provided by Plaintiff. If Defendant fails to waive service, the Clerk is DIRECTED to (i) issue summons, (ii) prepare a packet containing a summons, a copy of the Complaint, and this Order for Defendant, and (iii) deliver the packets to the United States Marshal, who is DIRECTED to serve the packet upon Defendant. Plaintiff's Motion for Appointment of Counsel, ECF No. 2, is DENIED at this time without prejudice. A copy of this Order was sent to Plaintiff as DIRECTED on 2.12.18. Signed by District Judge Arenda L. Wright B980537 and filed on 2/12/2018. (epri)
MEMORANDUM ORDER that this matter is before the Court sua sponte upon its review of the allegations in Plaintiff D61C329 proposed Complaint. (ECF Nos. 1 -1) (please see Order for additional information.) Accordingly, pursuant to 28 U.S.C. ยง 139l(b)(2) and Local Civil Rule 3(C), venue lies in the Norfolk Division, and is not proper in the Richmond Division. Accordingly, the Court TRANSFERS this matter to the Norfolk Division. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 02/02/2018. Copy mailed to Plaintiff. (walk, )
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