Name: Servis/Humphrey v. Hiller Systems Inc., et al :: Virginia Eastern District Court :: Federal Civil Lawsuit No. 2:94-cv-00202-RGD
Creator: Virginia Eastern District Court
Published: 1994-02-16
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Virginia Eastern District Court

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--	Filed: 4/30/1996, Entered: 4/30/1996	Docket Annotation
	Exhibits from 4/21/94 hearing returned to counsel by mail: plaintiff's exhibit #1 to Clark & Stant; defendants' exhibits #1 and #2 to Crenshaw, Ware & Martin (mwin)


108	Filed: 4/24/1996, Entered: 4/24/1996	Order
	OPINION AND ORDER granting [97-3] motion by Isabella Servis to Remand; REMANDING this action to Circuit Court of the City of Norfolk; entered and filed 4/24/96 (signed by Judge Robert G. Doumar) Copies Mailed: 4/24/96 to counsel; cert. copy mailed to Norfolk Circuit Court. ob (mwin) Modified on 04/24/1996


--	Filed: 4/24/1996, Entered: 4/24/1996	Terminated Case
	Case closed (mwin)


--	Filed: 4/24/1996, Entered: 4/24/1996	Case Assigned/Reassigned
	CASE assigned to Judge Robert G. Doumar (mwin)


107	Filed: 4/15/1996, Entered: 4/15/1996, Terminated: 4/24/1996	Answer
	ANSWER by USA to [94-1] amended third-party complaint of Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. (mwin)


106	Filed: 3/8/1996, Entered: 3/8/1996	Order
	ORDER, agreed, granting [102-1] motion; permitting Vandeventer, Black, Meredith & Martin to withdraw and to substitute Crenshaw, Ware and Martin as counsel of record for Norfolk Shipbuilding (terminated attorney George William Birkhead for Norfolk Shipbuilding, attorney Carter T. Gunn for Norfolk Shipbuilding, attorney Carter T. Gunn for Norfolk Shipbuilding, attorney George William Birkhead for Norfolk Shipbuilding); entered and filed 3/8/96 (signed by Judge Robert G. Doumar) Copies Mailed: 3/8/96 (mwin)


105	Filed: 3/1/1996, Entered: 3/5/1996	Affidavit
	AFFIDAVIT of Donald C. Schultz, attorney for Hiller Systems Inc., Norfolk Shipbuilding, Jason B. Nuss, Wayne Francis Muth, Edward Speary III, supplementing [100-1] executed summons, certifying service on Attorney General of U.S. by certified mail (mwin)


--	Filed: 2/27/1996, Entered: 2/29/1996	Set/Reset Deadlines:
	Deadline updated; [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. under advisement, [97-2] motion by Isabella Servis to Sever third-party action under advisement, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court under advisement, [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court under advisement (mwin)


--	Filed: 2/27/1996, Entered: 2/29/1996	Minutes-Miscellaneous
	COURT PROCEEDINGS Minute entry: Judge Robert G. Doumar. Reporter: Sue Ash, official court reporter. Counsel of record present. Matter came on re motions to remand. Argument of counsel heard. Court will prepare opinion and order. Court adjourned. (mwin)


--	Filed: 2/27/1996, Entered: 2/29/1996	Motion Hearing
	Motion hearing HELD re: [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint, [97-2] motion by Isabella Servis to Sever third-party action, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court, [102-1] motion by Norfolk Shipbuilding to allow Vandeventer, Black, Meredith & Martin to withdraw and to Substitute Crenshaw, Ware and Martin as counsel for Norfolk Shipbuilding (mwin)


104	Filed: 2/26/1996, Entered: 2/26/1996	Reply to Response to Motion
	REPLY by Isabella Servis to supplemental response to [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. [97-2] motion by Isabella Servis to Sever third-party action, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court, [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)


103	Filed: 2/23/1996, Entered: 2/23/1996	Notice
	NOTICE of hearing on motion to substitute counsel by Hiller Systems Inc., Norfolk Shipbuilding (mwin)


--	Filed: 2/23/1996, Entered: 2/23/1996	Motion Hearing
	Motion hearing re: [102-1] motion by Norfolk Shipbuilding to allow Vandeventer, Black, Meredith & Martin to withdraw and to Substitute Crenshaw, Ware and Martin as counsel for Norfolk Shipbuilding set at 2:00 2/27/96, [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. set at 2:00 2/27/96, [97-2] motion by Isabella Servis to Sever third-party action set at 2:00 2/27/96, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court set at 2:00 2/27/96 (Note: [20] motion to remand set previously) (mwin)


102	Filed: 2/22/1996, Entered: 2/23/1996, Terminated: 3/8/1996	Motion to Substitute Attorney
	MOTION by Norfolk Shipbuilding to allow Vandeventer, Black, Meredith & Martin to withdraw and to Substitute Crenshaw, Ware and Martin as counsel for Norfolk Shipbuilding (mwin)


101	Filed: 2/22/1996, Entered: 2/23/1996	Memorandum in Opposition
	MEMORANDUM by Hiller Systems Inc., Norfolk Shipbuilding, Jason B. Nuss, Wayne Francis Muth, Edward Speary III in opposition to [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint, [97-2] motion by Isabella Servis to Sever third-party action, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court, [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)


100	Filed: 2/20/1996, Entered: 2/23/1996	Summons Returned Executed
	THIRD PARTY SUMMONS Returned Executed as to USA by personal service upon "Cleatus Burk, Director of Administration and authorized acceptor for Helen Fahey" (U.S. Attorney) 2/15/96 at 2100 Jamieson Avenue, Alexandria, VA 22314. (Answer due 4/15/96 for USA ) (mwin)


99	Filed: 2/15/1996, Entered: 2/20/1996	Notice
	NOTICE of hearing by Isabella Servis (mwin)


98	Filed: 2/15/1996, Entered: 2/20/1996	Memorandum in Support
	MEMORANDUM by Isabella Servis in support of [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc., [97-2] motion by Isabella Servis to Sever third-party action, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court, received (mwin)


97	Filed: 2/15/1996, Entered: 2/20/1996	Motion to Strike
	MOTION by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. , or in the alternative by Isabella Servis to Sever third-party action , and by Isabella Servis to Remand original action to Norfolk Circuit Court (mwin)


96	Filed: 2/14/1996, Entered: 2/15/1996	Notice
	Amended NOTICE of hearing 2/27/96, 2:00 on motion to remand, by Isabella Servis (mwin)


95	Filed: 2/9/1996, Entered: 2/9/1996	Notice
	NOTICE of hearing on motion to remand by Isabella Servis (mwin)


--	Filed: 2/9/1996, Entered: 2/9/1996	Motion Hearing
	Motion hearing re: [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court set at 2:00 2/27/96 (mwin)


--	Filed: 2/9/1996, Entered: 2/9/1996	Summons Issued
	THIRD PARTY SUMMONS with 3 copies issued for United States; Mag. Judge notice; delivered to counsel (mwin)


94	Filed: 1/26/1996, Entered: 1/29/1996	Third-Party Complaint
	Amended THIRD-PARTY COMPLAINT by Hiller Systems Inc., Norfolk Shipbuilding, Jason B. Nuss, Wayne Francis Muth, Edward Speary III against United States (mwin)


93	Filed: 1/26/1996, Entered: 1/29/1996	Answer
	ANSWER to Complaint by Norfolk Shipbuilding (Attorney Donald Charles Schultz, Guilford D. Ware, Martha Martin Poindexter) (mwin)


92	Filed: 1/22/1996, Entered: 1/29/1996	Answer
	ANSWER to Complaint by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III (added Attorney Martha Martin Poindexter) (mwin)


91	Filed: 1/22/1996, Entered: 1/25/1996	Docket Annotation
	NOTICE from USCA that Supreme Court order was filed on January 16, 1996, denying certiorari, received. (danc)


90	Filed: 1/22/1996, Entered: 1/25/1996	USCA Judgment
	JUDGMENT OF USCA (certified copy) reversing the judgment of the District Court and remanding the case for further proceedings consistent with the opinion filed this date, Re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis. o.b. (danc)


89	Filed: 1/22/1996, Entered: 1/25/1996	USCA Mandate
	Opinion of USCA re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis (danc)


--	Filed: 1/22/1996, Entered: 1/29/1996	Case Reopened
	Case reopened (mwin)


88	Filed: 10/23/1995, Entered: 10/25/1995	Docket Annotation
	Notice from USCA stating that they have received notice from the Supreme Court that a petition for writ of certiorari has been filed in this case. (mgra)


87	Filed: 7/28/1995, Entered: 7/28/1995	Docket Annotation
	Order from USCA stating that the appellees have filed a motion for stay of mandate pending petition for writ of certiorari; the Court grants the motion and stays issuance of the mandate pending appellees' timely application to the United States Supreme Court for a writ of certiorari. (mgra)


86	Filed: 7/21/1995, Entered: 7/25/1995	Docket Annotation
	Order from the USCA denying the petition for rehearing and suggestion for rehearing in banc. (mgra)


85	Filed: 7/5/1995, Entered: 7/6/1995	Docket Annotation
	Notice from USCA stating that the mandate in this case will not issue at the scheduled time because a timely petition for rehearing has been filed. (mgra)


84	Filed: 6/19/1995, Entered: 6/19/1995	Docket Annotation
	Order from USCA stating that Appellees Hiller Systems, Inc., Norfolk Shipbuilding and Drydock Corporation, Jason B. Nuss, Wayne Francis Muth and Edward Speary, III have filed an unopposed motion to recall the mandate; the Court grants the motion and recalls the mandate issued June 7, 1995. (mgra) Modified on 06/19/1995


--	Filed: 6/19/1995, Entered: 6/20/1995	Terminated Case
	Case closed (re-terminated - see USCA order recalling mandate) (mwin)


83	Filed: 6/8/1995, Entered: 6/12/1995	Docket Annotation
	Bill of costs from USCA. (mgra)


82	Filed: 6/8/1995, Entered: 6/12/1995	USCA Judgment
	JUDGMENT OF USCA (certified copy) stating that the Court reverses the judgment of the District Court and remands the case for further proceedings consistent with the opinion filed, Re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis. o.b. (mgra)


81	Filed: 6/8/1995, Entered: 6/12/1995	USCA Mandate
	Opinion of USCA re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis (mgra)


--	Filed: 6/8/1995, Entered: 6/13/1995	Case Reopened
	Case reopened (mwin)


80	Filed: 5/18/1995, Entered: 5/24/1995	USCA Mandate
	Opinion of USCA re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis (danc)


79	Filed: 5/8/1995, Entered: 5/9/1995	Reply to Response to Motion
	REPLY by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to response to [74-1] motion by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202 (closed and on appeal), 2:95cv221 and 2:95cv270, received (mwin)


78	Filed: 4/28/1995, Entered: 5/4/1995	Memorandum in Support
	MEMORANDUM by Isabella Servis in support of [77-1] opposition response, received (mwin)


77	Filed: 4/28/1995, Entered: 5/4/1995	Response in Opposition to Motion
	RESPONSE by Isabella Servis in opposition to [74-1] motion by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202, 2:95cv221 and 2:95cv270 (conditionally filed-motion responding to was conditionally filed 4/27/95 by Judge Doumar-Case 2:94cv202 is on appeal) (mwin)


76	Filed: 4/27/1995, Entered: 4/27/1995	Memorandum in Support
	MEMORANDUM by Figgie International, Inc. (NOT A PARTY in Case No. 2:94cv202) in support of [74-1] motion by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202 (closed and on appeal), 2:95cv221 and 2:95cv270 by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III, received (received 4/14/95, but docketed as of 4/27/95-date [74-1] motion was conditionally filed by Judge Robert G. Doumar) (mwin)


75	Filed: 4/27/1995, Entered: 4/27/1995	Memorandum in Support
	MEMORANDUM by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III in support of [74-1] motion by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202 (closed and on appeal), 2:95cv221 and 2:95cv270, received (received 4/14/95, but docketed as of 4/27/95-date [74-1] motion was conditionally filed by Judge Robert G. Doumar) (mwin)


74	Filed: 4/27/1995, Entered: 4/27/1995, Terminated: 4/24/1996	Motion to Consolidate Cases
	MOTION by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202 (closed and on appeal), 2:95cv221 and 2:95cv270 (received 4/14/95; CONDITIONALLY FILED 4/27/95 by Judge Robert G. Doumar by notation on face of motion "Conditionally filed to await appeal - as this case is on appeal i.e. 94cv202, ordered filed as to the remaining suits. R. G. Doumar, Apr. 27, 1995" (mwin)


73	Filed: 12/27/1994, Entered: 1/3/1995	USCA Judgment
	JUDGMENT OF USCA (copy) GRANTING Valcon Sales and Services, Inc.'s motion to confirm dismissal of Valcon from this appeal, Re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis (danc)


--	Filed: 9/23/1994, Entered: 9/26/1994	Certificate of Completion
	Certificaton of completion sent to USCA re: [69-1] appeal by United States (bwin)


72	Filed: 9/7/1994, Entered: 9/7/1994	Judgment*
	JUDGMENT vacating 6/29/94 and 7/29/94 orders to the extent that 6/29/94 and 7/29/94 orders could be interpreted as barring plaintiff from filing otherwise timely suit v. any defendants other than those previously named by plaintiff and dismissed by 6/29/94 order; dismissing plaintiff's complaint with prejudice as to defendants Hiller Systems Incorporated; Norfolk Shipbuilding and Drydock Corporation; Valcon Sales and Services, Inc.; Jason B. Nuss; Wayne Francis Muth; and Edward Speary, III, except the United States of America, but without prejudice as to any claims she may have against others, including the United States of America; entered by the clerk 9/2/94 and filed 9/7/94. Copies Mailed: 9/7/94 (mwin)


--	Filed: 9/7/1994, Entered: 9/7/1994	Terminated Case
	Case closed (mwin)


71	Filed: 9/2/1994, Entered: 9/6/1994	Order
	ORDER Vacating court's orders of 6/29/94 and 7/29/94 to extent that court's orders could be interpreted as barring Isabella Servis from filing an otherwise timely suit against any defendants other than those previously named by plaintiff and dismissed by order of this court entered 6/29/94; dismissing plaintiff's complaint with prejudice as to defendants named herein, except United States of America, but without prejudice as to any claims she may have against otheres, including United States of America entered and filed 9/2/94 (signed by Judge Robert G. Doumar) Copies Mailed: 9/2/94 (mwin)


70	Filed: 9/1/1994, Entered: 9/1/1994	Docket Annotation
	Order from USCA consolidating 94-1979 and 94-2103 for purposes of briefing and oral argument. (mgra)


--	Filed: 8/26/1994, Entered: 8/26/1994, Terminated: 4/24/1996	Transmission of Notice of Appeal to 4CCA
	Copy of Notice of Appeal, transmittal notices, and docket sheet to USCA; copy of notice of appeal, docketing statement, transcript order and docket sheet to Michael A. Rhine, Esq., copy of notice of appeal to all counsel of record, [69-1] appeal by United States (mgra)


69	Filed: 8/25/1994, Entered: 8/26/1994	Notice of Appeal
	NOTICE OF APPEAL by United States . (mgra)


68	Filed: 8/16/1994, Entered: 8/16/1994	USCA Mandate
	Order from USCA stating that the appellant Isabella Servis, Administratrix of the Estate of Peter Thomas Humphrey, and appellee Valcon Sales and Services, Inc., have filed a stipulation to dismiss Valcon Sales and Services, Inc. as a party to this appeal; granting the stipulation and stating that the appeal shall continue as to the remaining parties. (mgra) Modified on 08/16/1994


67	Filed: 8/4/1994, Entered: 8/5/1994	Memorandum in Support
	MEMORANDUM by Isabella Servis in support of [66-1] motion by Isabella Servis to Vacate and set aside that portion of [65-1] order, [62-1] order granting plaintiff leave to amend complaint by 7/29/94 (later 8/15/94), and for dismissal with prejudice as to named defendants only, but without prejudice as to any claims plaintiff may have against others, received (mwin)


66	Filed: 8/4/1994, Entered: 8/5/1994	Motion to Vacate
	MOTION for Relief from Order pursuant to 60(b)(4) by Isabella Servis to Vacate and set aside that portion of [65-1] order, [62-1] order granting plaintiff leave to amend complaint by 7/29/94 (later 8/15/94), and for dismissal with prejudice as to named defendants only, but without prejudice as to any claims plaintiff may have against others (mwin)


65	Filed: 7/29/1994, Entered: 7/29/1994	Order
	ORDER granting [0-0] oral motion by Isabella Servis to Extend Time to file amended complaint until 8/15/94 (reset Amended Pleadings deadline to 8/15/94) ; entered, filed 7/29/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 7/29/94 (mwin)


64	Filed: 7/29/1994, Entered: 7/29/1994	Notice
	NOTICE by Isabella Servis that on 7/29/94, 1:00 p.m., plaintiff will move to enlarge time to file amended complaint (mwin)


--	Filed: 7/29/1994, Entered: 7/29/1994	Motion Hearing
	Motion hearing held in chambers of Judge Robert G. Doumar re: [0-0] oral motion by Isabella Servis to Extend Time to file amended complaint (See [65] 7/29/94 order) (mwin)


--	Filed: 7/29/1994, Entered: 7/29/1994	Motion Hearing
	Motion hearing re: [0-0] oral motion by Isabella Servis to Extend Time to file amended complaint set at 1:00 7/29/94 (mwin)


--	Filed: 7/29/1994, Entered: 7/29/1994, Terminated: 7/29/1994	Miscellaneous Document
	MOTION in chambers by Isabella Servis to Extend Time to file amended complaint (mwin)


--	Filed: 7/27/1994, Entered: 7/27/1994, Terminated: 4/24/1996	Transmission of Notice of Appeal to 4CCA
	Copy of Notice of Appeal, Opinion and Order filed July 6, 1994, transmittal notices and docket sheet to USCA; copy of notice of appeal, docketing statement, receipt and transcript order to Stephen C. Swain, Esq., copy of notice of appeal to all counsel to record, [63-1] appeal by Humphrey, Peter, Isabella Servis (mgra)


63	Filed: 7/26/1994, Entered: 7/27/1994	Notice of Appeal
	NOTICE OF APPEAL by Isabella Servis, Humphrey, Peter . FILING FEE $ 105.00 RECEIPT # 8208 (mgra)


62	Filed: 7/6/1994, Entered: 7/6/1994	Order
	OPINION AND ORDER - revised; SUBSTITUTED for [59-1] 6/29/94 opinion and order denying plaintiff's motion to remand; granting all defendants' motions for summary judgment, but without prejudice as to defendants' liability, if any, to United States; dismissing third-party complaint of Norfolk Shipbuilding against United States; granting leave to plaintiff to amend complaint to substitute United States as defendant, to be filed within 30 days of order date, with United States to file answer and any third-party claims or other claims within 30 days after filing of any amended complaint; entered NUNC PRO TUNC 6/29/94 on 7/6/94; filed 7/6/94 (signed by Judge Robert G. Doumar ) Copies Mailed: 7/6/94. (mwin)


61	Filed: 7/6/1994, Entered: 7/6/1994	Order
	ORDER modifying and correcting 6/29/94 Opinion and Order to clarify record as set forth, and directing that throughout body of 6/29/94 opinion and order, all references to "VSE" be changed to "Valcon"; copy of revised opinion and order attached to order and revised opinion and order substituted for 6/29/94 opinion and order; etc.; entered and filed 7/6/94 (signed by Judge Robert G. Doumar ) Copies Mailed: 7/6/94. (mwin) Modified on 07/06/1994


60	Filed: 6/29/1994, Entered: 6/29/1994	Judgment*
	JUDGMENT denying plaintiff's motion to remand; granting defendants' motions for summary judgment as to plaintiff's complaint, but without prejudice as to defendants' liability, if any, to U.S.; dismissing Norfolk Shipbuilding's third-party complaint against U.S.; pursuant to 6/29/94 Opinion and Order, granting plaintiff leave to file amended complaint within 30 days to substitute U.S. as appropriate defendant; entered by clerk and filed 6/29/94. Copies Mailed: 6/29/94. O.B. (mwin) Modified on 06/30/1994


59	Filed: 6/29/1994, Entered: 6/29/1994	Order
	OPINION and ORDER finding that defendant subcontractors were agents or employees of U.S. for purpose of Suits in Admiralty Act, and plaintiff's sole and exclusive remedy is against U.S. in federal court; denying [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court; granting all defendants' motions for summary judgment as to plaintiff's complaint ([16-1] motion by Valcon Sales for summary judgment; [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for summary judgment; [6-1] motion by Norfolk Shipbuilding for summary judgment), but without prejudice as to defendants' liability, if any, to U.S.; dismissing [10-1] third-party complaint of Norfolk Shipbuilding and Drydock Corporation v. U.S.; however, granting leave to plaintiff to amend her complaint to substitute U.S. as appropriate defendant, to be filed within 30 days (set Amended Pleadings deadline to 7/28/94) ; U.S. to file answer and any third-party claims within 30 days after any such filing; entered and filed 6/29/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 6/29/94 (mwin) Modified on 06/30/1994


58	Filed: 6/17/1994, Entered: 6/20/1994	Affidavit
	AFFIDAVIT of Tim P. Roark, Sr., by United States Re: [57-1] letter memorandum by United States (mwin) Modified on 06/20/1994


57	Filed: 6/17/1994, Entered: 6/20/1994	Memorandum in Support
	LETTER MEMORANDUM by United States, received by clerk 6/17/94 (mwin)


56	Filed: 6/17/1994, Entered: 6/20/1994	Affidavit
	AFFIDAVIT of Ernest C. Reilly, Jr., submitted by Norfolk Shipbuilding Re: [55-1] letter memorandum by Norfolk Shipbuilding (mwin)


55	Filed: 6/17/1994, Entered: 6/20/1994	Memorandum in Support
	LETTER MEMORANDUM by Norfolk Shipbuilding, received by clerk 6/17/94 (mwin)


54	Filed: 6/16/1994, Entered: 6/16/1994	Affidavit
	AFFIDAVIT of Leo Vincent Facenda, submitted by Valcon Sales Re: [53-1] support memorandum by Valcon Sales (mwin)


53	Filed: 6/16/1994, Entered: 6/16/1994	Memorandum in Support
	MEMORANDUM by Valcon Sales in support of [16-1] motion by Valcon Sales to Dismiss, in response to 6/1/94 order, received (mwin)


52	Filed: 6/16/1994, Entered: 6/16/1994	Affidavit
	AFFIDAVIT by Jason B. Nuss Re: [51-1] support memorandum by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Hiller Systems Inc. (mwin)


51	Filed: 6/16/1994, Entered: 6/16/1994	Memorandum in Support
	Letter MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in support of [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, in response to 6/1/94 order, received (mwin)


50	Filed: 6/14/1994, Entered: 6/16/1994	Response
	Letter RESPONSE, with attachements, to [49-1] order re summary of disputed facts materially related to agency issue, by Isabella Service, filed (mwin)


49	Filed: 6/1/1994, Entered: 6/2/1994	Order
	OPINION and ORDER converting motions to dismiss to motions for summary judgment; directing parties to submit any additional materials and summary of any disputed facts materially related to agency issue within 15 days from order date (set Brief deadline to 6/16/94) ; Staying discovery until court resolves motion to remand and summary judgment motions, except any discovery relevant to agency issue ; granting [45-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Extend Time to respond to discovery, so long as none of requested discovery relates to agency issue; entered and filed 6/1/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 6/1/94 (mwin)


--	Filed: 6/1/1994, Entered: 6/2/1994	Set/Reset Deadlines:
	Deadline updated; mooting [47-1] motion by United States to Stay discovery (mwin)


48	Filed: 5/31/1994, Entered: 6/2/1994	Memorandum in Support
	MEMORANDUM by United States in support of [47-1] motion by United States to Stay discovery, received (mwin)


47	Filed: 5/31/1994, Entered: 6/2/1994	Motion to Stay
	MOTION by United States to Stay discovery (mwin)


46	Filed: 5/20/1994, Entered: 5/24/1994	Memorandum in Support
	MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in support of [45-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Extend Time to respond to discovery until 30 days following court's decision on motions to dismiss and motion to remand, received (mwin)


45	Filed: 5/20/1994, Entered: 5/24/1994, Terminated: 6/1/1994	Motion for Extension
	MOTION by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Extend Time to respond to discovery until 30 days following court's decision on motions to dismiss and motion to remand (mwin)


44	Filed: 5/9/1994, Entered: 5/24/1994	Affidavit
	Original AFFIDAVIT of Margaret D. Duncan, U.S. Maritime Administration, submitted by Valcon Sales (Copy was filed in open court 4/21/94 - [34]) (mwin)


43	Filed: 4/29/1994, Entered: 5/2/1994	Order
	ORDER granting [41-1] motion by United States to Extend Time to answer third-party complaint; United States shall have until 10 days following resolution of pending motions to dismiss and motion to remand; entered and filed 4/29/94 (signed by Judge Robert G. Doumar ) Copies Mailed: 4/29/94 (mwin)


42	Filed: 4/28/1994, Entered: 4/28/1994	Memorandum in Support
	MEMORANDUM by United States in support of [41-1] motion by United States to Extend Time to answer third-party complaint until 10 days after resolution of pending motions to dismiss and motion to remand, received (mwin)


41	Filed: 4/28/1994, Entered: 4/28/1994, Terminated: 4/29/1994	Motion for Extension
	MOTION by United States to Extend Time to answer third-party complaint until 10 days after resolution of pending motions to dismiss and motion to remand (mwin)


40	Filed: 4/28/1994, Entered: 4/28/1994	Memorandum in Opposition
	Letter MEMORANDUM by Valcon Sales in OPPOSITION to [20-1] motion by Isabella Servis to Remand action, received (mwin)


40	Filed: 4/28/1994, Entered: 4/28/1994	Memorandum in Support
	Letter MEMORANDUM by Valcon Sales in support of [16-1] motion by Valcon Sales to Dismiss, received (mwin)


39	Filed: 4/28/1994, Entered: 4/28/1994	Memorandum in Opposition
	MEMORANDUM by Norfolk Shipbuilding in OPPOSITION to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)


38	Filed: 4/28/1994, Entered: 4/28/1994	Memorandum in Opposition
	Letter MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in OPPOSITION to [20-1] motion by Isabella Servis to Remand, received (mwin)


38	Filed: 4/28/1994, Entered: 4/28/1994	Memorandum in Support
	Letter MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in support of [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, received (mwin)


37	Filed: 4/27/1994, Entered: 4/27/1994	Memorandum in Support
	Letter MEMORANDUM by Isabella Servis in support of [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)


36	Filed: 4/26/1994, Entered: 4/26/1994	Memorandum in Support
	Letter MEMORANDUM by United States in support of [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)


35	Filed: 4/21/1994, Entered: 4/22/1994	Order
	ORDER granting [30-1] motion by United States for leave to specially appear to respond to pending motions without waiving substantive or procedural defenses; entered and filed 4/21/94 (signed by Judge Robert G. Doumar) Copies Mailed: 4/22/94 (mwin)


34	Filed: 4/21/1994, Entered: 4/22/1994	Affidavit
	COPY of AFFIDAVIT of Margaret D. Duncan, of U.S. Maritime Administration, submitted by Valcon Sales, FILED IN OPEN COURT (mwin)


--	Filed: 4/21/1994, Entered: 4/22/1994	Set/Reset Deadlines:
	Deadline updated; [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court under advisement, [16-1] motion by Valcon Sales to Dismiss under advisement, [11-1] motion by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules under advisement, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss under advisement, [6-1] motion by Norfolk Shipbuilding to Dismiss under advisement, [4-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for Protective Order under advisement (mwin)


--	Filed: 4/21/1994, Entered: 4/22/1994	Set/Reset Deadlines:
	Deadline updated; set Brief deadline to 12:00 4/27/94 (mwin)


--	Filed: 4/21/1994, Entered: 4/22/1994	Minutes-Miscellaneous
	COURT PROCEEDINGS Minute entry: Robert G. Doumar, Judge. Reporter: Karyn Kirouac, of Zahn, Hall & Zahn. Counsel appeared. Matter came on for hearing on all pending motions. On motion of Mr. Rhine, Matthew Connelly was admitted to Appear Pro Hac Vice . Arguments heard. Court directed counsel to submit list of cases, etc., by 4/27/94 at noon, re whether jurisdictional question or affirmative defense, and any sections of contract parties feel are relevant. Fax copy of affidavit of Margaret D. Duncan, submitted by Mr. Tata, filed in open court. Court takes matter under advisement. Court adjourned. (NOTE: Exhibits introduced by plaintiff and by defendant Valcon Sales and Services) (mwin) Modified on 09/07/1994


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--	Filed: 4/21/1994, Entered: 4/22/1994	Motion Hearing
	Motion hearing held re: [30-1] motion by United States for leave to specially appear to respond to pending motions without waiving substantive or procedural defenses by United States, [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court by Isabella Servis, [16-1] motion by Valcon Sales to Dismiss by Valcon Sales, [11-1] motion by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules by Isabella Servis, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III, [6-1] motion by Norfolk Shipbuilding to Dismiss by Norfolk Shipbuilding, [4-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for Protective Order by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III (mwin)


33	Filed: 4/20/1994, Entered: 4/20/1994	Reply to Response to Motion
	REPLY by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to United States response [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, received (mwin)


32	Filed: 4/19/1994, Entered: 4/20/1994	Reply to Response to Motion
	REPLY by Isabella Servis to response to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)


31	Filed: 4/18/1994, Entered: 4/20/1994	Memorandum in Support
	MEMORANDUM by United States in support of [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin) Modified on 04/20/1994


31	Filed: 4/18/1994, Entered: 4/20/1994	Memorandum in Opposition
	MEMORANDUM by United States in opposition to [6-1] motion by Norfolk Shipbuilding to Dismiss, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, Jason B. Nuss, Wayne Francis Muth, Edward Speary III, [16-1] motion by Valcon Sales to Dismiss, received (mwin) Modified on 04/20/1994


30	Filed: 4/18/1994, Entered: 4/20/1994, Terminated: 4/21/1994	Motion for Miscellaneous Relief
	MOTION by United States for leave to specially appear to respond to pending motions without waiving substantive or procedural defenses (mwin)


29	Filed: 4/12/1994, Entered: 4/14/1994	Reply to Response to Motion
	REPLY by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to plaintiff's response to [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, received B. Nuss, Wayne Francis Muth, Edward Speary III (mwin)


28	Filed: 4/11/1994, Entered: 4/12/1994	Memorandum in Support
	Supplemental MEMORANDUM by Valcon Sales in support of [16-1] motion by Valcon Sales to Dismiss, received (mwin)


28	Filed: 4/11/1994, Entered: 4/12/1994	Memorandum in Opposition
	MEMORANDUM by Valcon Sales in opposition to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court received (mwin)


27	Filed: 4/11/1994, Entered: 4/12/1994	Notice
	NOTICE of hearing 4/21/94, 2:00 p.m., by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III (mwin)


--	Filed: 4/8/1994, Entered: 4/8/1994	Motion Hearing
	Motion hearing re: [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court set at 2:00 4/21/94, [16-1] motion by Valcon Sales to Dismiss set at 2:00 4/21/94, [11-1] motion by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules set at 2:00 4/21/94, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss set at 2:00 4/21/94, [6-1] motion by Norfolk Shipbuilding to Dismiss set at 2:00 4/21/94, [4-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for Protective Order set at 2:00 4/21/94 (mwin)


26	Filed: 4/7/1994, Entered: 4/11/1994	Memorandum in Opposition
	MEMORANDUM by Norfolk Shipbuilding in opposition to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)


25	Filed: 4/6/1994, Entered: 4/11/1994	Memorandum in Opposition
	MEMORANDUM by Isabella Servis in opposition to [16-1] motion by Valcon Sales to Dismiss, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, [6-1] motion by Norfolk Shipbuilding to Dismiss, received (mwin)


24	Filed: 3/31/1994, Entered: 4/1/1994	Memorandum in Opposition
	MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in opposition to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)


23	Filed: 3/31/1994, Entered: 3/31/1994	Order
	ORDER Extending Time to 4/7/94, for Norfolk Shipbuilding's reply to plaintiff's motion to remand ; extension shall not change 4/14/94 oral argument schedule; entered and filed 3/31/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 3/31/94 to all counsel (mwin)


22	Filed: 3/24/1994, Entered: 3/28/1994	Notice
	NOTICE of hearing 4/14/94 on motion to remand by Isabella Servis (mwin)


21	Filed: 3/18/1994, Entered: 3/22/1994	Memorandum in Support
	MEMORANDUM by Isabella Servis in support of [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court received (mwin)


20	Filed: 3/18/1994, Entered: 3/22/1994, Terminated: 6/29/1994	Motion to Remand
	MOTION by Isabella Servis to Remand action to Norfolk Circuit Court (mwin)


19	Filed: 3/14/1994, Entered: 3/14/1994	Order
	ORDER Extending Time to 3/14/94 for Valcon to serve responses to plaintiff's interrogatories, request for production, and request for admissions ; entered and filed 3/14/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 3/14/94 (mwin)


18	Filed: 3/10/1994, Entered: 3/11/1994	Objection
	OBJECTION by defendant Valcon Sales to [7-1] demand jury by Isabella Servis (mwin)


17	Filed: 3/9/1994, Entered: 3/9/1994	Memorandum in Support
	MEMORANDUM by Valcon Sales in support of [16-1] motion by Valcon Sales to Dismiss, received (mwin)


16	Filed: 3/9/1994, Entered: 3/9/1994, Terminated: 6/29/1994	Motion to Dismiss
	MOTION by Valcon Sales to Dismiss (mwin)


15	Filed: 3/7/1994, Entered: 3/7/1994	Summons Returned Executed
	THIRD PARTY SUMMONS Returned Executed as to United States 3/2/94 by personal service on "Faye Brown, auth. to accept service" for Assistant U.S. Attorney, Norfolk office; and on 3/3/94 by certified mail to Helen Fahey, U.S. Attorney, Alexandria, Va.; and on 3/2/94 by certified mail to U.S. Attorney General (Answer due 5/2/94 for United States ) (mwin)


14	Filed: 3/4/1994, Entered: 3/7/1994	Response in Opposition to Motion
	RESPONSE by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in opposition to [11-1] motion by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules, filed (mwin)


13	Filed: 3/2/1994, Entered: 3/4/1994	Objection
	OBJECTION by defendant Norfolk Shipbuilding to [7-1] demand jury by Isabella Servis (mwin)


12	Filed: 3/1/1994, Entered: 3/2/1994	Response in Opposition to Motion
	RESPONSE by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in opposition to [7-1] demand jury by Isabella Servis, filed (mwin)


11	Filed: 2/28/1994, Entered: 2/28/1994, Terminated: 6/29/1994	Motion for Extension
	MOTION by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules (mwin)


--	Filed: 2/28/1994, Entered: 2/28/1994	Summons Issued
	THIRD PARTY SUMMONS with 3 copies issued for United States of America; Magistrate Judge notice; del. to counsel. (mwin)


10	Filed: 2/24/1994, Entered: 2/28/1994	Third-Party Complaint
	THIRD-PARTY COMPLAINT by Norfolk Shipbuilding against United States (mwin)


9	Filed: 2/23/1994, Entered: 2/28/1994	Memorandum in Support
	MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in support of [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, received (mwin)


8	Filed: 2/23/1994, Entered: 2/28/1994	Motion to Dismiss
	MOTION by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss (mwin)


7	Filed: 2/23/1994, Entered: 2/28/1994	Jury Demand
	DEMAND for jury trial by Isabella Servis, Administratrix (mwin)


6	Filed: 2/23/1994, Entered: 2/28/1994	Motion to Dismiss
	MOTION with Memorandum in Support by Norfolk Shipbuilding to Dismiss (mwin)


--	Filed: 2/17/1994, Entered: 2/17/1994	Docket Annotation
	Magistrate Judge notice mailed to counsel (mwin)


5	Filed: 2/16/1994, Entered: 2/17/1994	Notice
	Receipted COPY of NOTICE of filing of notice of removal by Norfolk Shipbuilding filed in Norfolk Circuit Court (mwin)


4	Filed: 2/16/1994, Entered: 2/17/1994	Motion for Protective Order
	Copy of MOTION by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for Protective Order filed in Norfolk Circuit Court (mwin)


3	Filed: 2/16/1994, Entered: 2/17/1994	Answer
	Copy of ANSWER to Complaint by Valcon Sales and Services, Inc. (denominated "Demurrer and Grounds of Defense") filed in Norfolk Circuit Court (mwin)


2	Filed: 2/16/1994, Entered: 2/17/1994	Notice
	Copy of NOTICE of filing of notice of removal filed in Norfolk Circuit Court by Norfolk Shipbuilding (mwin)


1	Filed: 2/16/1994, Entered: 2/17/1994	Notice of Removal
	NOTICE OF REMOVAL from Norfolk Circuit Court by Norfolk Shipbuilding & Drydock Corporation, with consent of Valcon Sales and Services, Inc.; Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III (with attached copies of state court service documents, copy ofmotion for judgment, copy of demurrer of Norfolk Shipbuilding, copy of demurrer of Hiller Syustems, Nuss, Muth, and Speary filed in Norfolk Circuit Court); FILING FEE 120 pd. by Vandeventer, Black, Meredith & Martin; RECEIPT # 7245 (mwin)

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