Willis et al v. City of Virginia Beach, Virginia and its Police Department et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:14-cv-00652
District Judge Rebecca Beach Smith, presiding
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District Judge Rebecca Beach Smith
Last Updated January 26, 2017 at 2:55 PM EST (8.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Christopher T. Willis, Plaintiff

Represented by Breit Drescher & Imprevento PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael F Imprevento +1 757 622 6000 +1 757 299 8035 mimprevento@breitdrescher.com
No Logo Jeffrey E. Wilkerson, Plaintiff
No Logo Thomas C. Shattuck, Plaintiff
v.
No Logo City of Virginia Beach, Virginia and its Police Department, Defendant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Angelo Beverly +1 757 385 8803 mbeverly@vbgov.com
ATTORNEY TO BE NOTICED Christopher Scott Boynton +1 757 427 4531 cboynton@vbgov.com
ATTORNEY TO BE NOTICED Dannielle Carole Hall-McIvor +1 757 385 4531 +1 757 385 5687 dcmcivor@vbgov.com
ATTORNEY TO BE NOTICED Mark Douglas Stiles +1 757 385 4531 +1 757 385 5687 mstiles@vbgov.com
No Logo James A. Cervera, Defendant
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 440 - Civil Rights: Other
Timeline
  Entries (13) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 13 Filed: 3/6/2015, Entered: None Court Filing
MEMORANDUM OPINION AND ORDER re 2 Motion to Dismiss. The Defendants' Motion to Dismiss is DENIED with respect to Counts II and III of the Complaint, the Plaintiffs' free speech claims, and with respect to Count IV of the Complaint, the Plaintiffs' claim for deprivation of a property interest without due process. The Plaintiffs' claim for wrongful suspension under Virginia law (Count I) is DISMISSED; the Plaintiffs' claim for deprivation of substantive due process under the Fourteenth Amendment to the United States Constitution (Count V) is DISMISSED; and the Plaintiffs' claim for deprivation of a liberty interest without procedural due process under the Fourteenth Amendment to the United States Constitution (Count VI) is also DISMISSED. A copy of this order was sent to all counsel of record on 3/6/15. Signed by Chief District Judge Rebecca Beach Smith and filed on 3/6/15. (tbro) (Entered: 03/06/2015)
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Legal Document (Payment Possibly Required) 12 Filed: 2/2/2015, Entered: None
Rebuttal Brief re 2 MOTION to Dismiss filed by James A. Cervera, City of Virginia Beach, Virginia and its Police Department. (Attachments: # 1 Exhibit Virginia Beach Code Section 2-71, # 2 Exhibit Virginia Beach Code Section 2-128, et seq)(Beverly, Michael) (Entered: 02/02/2015)
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Legal Document (Payment Possibly Required) 11 Filed: 1/27/2015, Entered: None
Memorandum in Opposition re 2 MOTION to Dismiss filed by Thomas C. Shattuck, Jeffrey E. Wilkerson, Christopher T. Willis. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13)(Imprevento, Michael) (Entered: 01/27/2015)
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Legal Document (Payment Possibly Required) 10 Filed: 1/20/2015, Entered: None
Memorandum in Support re 2 MOTION to Dismiss filed by James A. Cervera, City of Virginia Beach, Virginia and its Police Department. (Attachments: # 1 Exhibit Kosmas Charge of Discrimination, # 2 Exhibit City of Virginia Beach EEOC Position Statement, # 3 Exhibit Kosmas civil complaint, # 4 Exhibit Kosmas amended civil complaint, # 5 Exhibit Wilkerson-Kosmas May 1 P-Note, # 6 Exhibit Willis May 4-6 SWAT CQC evaluation, # 7 Exhibit Wilkerson Aug. 1 P-Note, # 8 Exhibit Wilkerson Memo of Charges and Response, # 9 Exhibit Wilkerson Notice of Disciplinary Action, # 10 Exhibit Shattuck Memo of Charges and Response, # 11 Exhibit Shattuck Notice of Disciplinary Action, # 12 Exhibit Willis Memo of Charges and Response, # 13 Exhibit Willis Notice of Disciplinary Action)(Beverly, Michael) (Entered: 01/20/2015)
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Sealed Legal Document 9 Filed: 1/16/2015, Entered: None Court Filing
ORDER denying 4 Motion to Seal. The Court DENIES the Defendants' Motion to Seal in and ORDERS the following documents requested to be filed under seal, to be re-filed by counsel, in the public record via CM/ECF with appropriate docket references to the respective underlying motions which they support as exhibits. Signed by Magistrate Judge Douglas E. Miller and filed on 1/16/15. (tbro) (Entered: 01/16/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 1/16/2015, Entered: None Court Filing
Minute Entry for Telephone Conference held on 1/16/2015 before Magistrate Judge Douglas E. Miller regarding defendants Motion to Seal (ECF 4). Michael Imprevento appeared on behalf of plaintiffs. Michael Beverly appeared on behalf of defendants. Argument of counsel heard. Comments of the Court.The Court to enter an Order denying the Motion to Seal and directing defendant to re-file documents by January 20, 2015; response is due January 27, 2015 and the reply is due in accordance with Rule 7. Court in recess. (Court Reporter Jody Stewart, OCR.)(lwoo) (Entered: 01/16/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 1/7/2015, Entered: None
REPLY to Response to Motion re 4 MOTION to Seal filed by James A. Cervera, City of Virginia Beach, Virginia and its Police Department. (Beverly, Michael) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 1/5/2015, Entered: None
Memorandum in Opposition re 4 MOTION to Seal filed by Thomas C. Shattuck, Jeffrey E. Wilkerson, Christopher T. Willis. (Imprevento, Michael) (Entered: 01/05/2015)
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Sealed Legal Document 5 Filed: 12/23/2014, Entered: None
Sealed Documents re Defendant's Memorandum in Support of Motion to Dismiss. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(tbro) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 4 Filed: 12/23/2014, Entered: None
MOTION to File under Seal by James A. Cervera, City of Virginia Beach, Virginia and its Police Department. (epri, ) (Additional attachment(s) added on 12/24/2014: # 1 Proposed Order) (epri, ). (Entered: 12/24/2014)
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Legal Document (Payment Possibly Required) 3 Filed: 12/23/2014, Entered: None
NOTICE of Defendant's Motion to file under seal Defendant's Memorandum in support of Motion to dismiss Plaintiff's Complaint by James A. Cervera, City of Virginia Beach, Virginia and its Police Department (epri) (Entered: 12/24/2014)
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Legal Document (Payment Possibly Required) 2 Filed: 12/23/2014, Entered: None
MOTION to Dismiss by James A. Cervera, City of Virginia Beach, Virginia and its Police Department. (epri, ) (Entered: 12/24/2014)
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Legal Document (Payment Possibly Required) 1 Filed: 12/23/2014, Entered: None
NOTICE OF REMOVAL from Virginia Beach Circuit Court, case number CL14-5394 ( Filing fee $ 400, receipt number 24683025666)filed by City of Virginia Beach, Virginia and its Police Department, James A. Cervera. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Letter, # 4 Receipt)(epri, ) (Entered: 12/24/2014)
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