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)
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)
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)
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)
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)
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)
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)
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)
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)
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)