Perry-Bey v. City of Norfolk, Virginia

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:08-cv-00100
District Judge Mark S. Davis, presiding
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District Judge Mark S. Davis
Last Updated December 25, 2016 at 8:49 AM EST (8.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Christina D. Perry-Bey, Plaintiff

Represented by Christina D. Perry-Bey

Name Phone Fax E-Mail
Space Christina D. Perry-Bey +1 888 487 5536
v.
No Logo City Of Norfolk, Virginia, Defendant

Represented by Christian & Barton LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paul Wilbur Jacobs, II +1 804 697 4100 pjacobs@cblaw.com

Represented by Office of the City Attorney

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Melvin Wayne Ringer +1 757 664 4529 wayne.ringer@norfolk.gov
Other Parties
No Logo Christina D. Perry-Bey, Interested Party

Represented by PO Box 9901

Name Phone Fax E-Mail
Space Christina D. Perry-Bey +1 757 737 5199
No Logo Norfolk Branch of the National Association for the Advancement of Colored People, Amicus

Represented by Lawyers' Committee for Civil Rights Under Law

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Marcia Floria Johnson-Blanco +1 202 662 8600 +1 202 628 2858 mblanco@lawyerscommittee.org

Represented by Zuckerman Spaeder LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ellen D. Marcus +1 202 778 1800 +1 202 822 8106 emarcus@zuckerman.com
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 441 - Civil Rights: Voting
Timeline
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Legal Document (Payment Possibly Required) 114 Filed: 3/16/2011, Entered: None
USCA Mandate re 96 Notice of Appeal, 108 Notice of Appeal: USCA judgment entered 2/22/2011, takes effect today. This constitutes the formal mandate issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (mwin, ) (Entered: 03/17/2011)
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Legal Document (Payment Possibly Required) 113 Filed: 2/22/2011, Entered: None
USCA JUDGMENT as to 96 Notice of Appeal filed by Christina D. Perry-Bey, 108 Notice of Appeal filed by Christina D. Perry-Bey: In accordance with the decision of this Court, the judgment of the District Court is affirmed.This judgment shall take effect upon issuance of this Court's mandate in accordance with Fed. R. App. P. 41. (mwin, ) (Entered: 03/02/2011)
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Legal Document (Payment Possibly Required) 112 Filed: 2/22/2011, Entered: None
Opinion of USCA re 96 Notice of Appeal, 108 Notice of Appeal affirming the district court's order. (mwin, ) (Entered: 03/02/2011)
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Legal Document (Payment Possibly Required) 111 Filed: 5/24/2010, Entered: None
USCA Appeal Fees received $455 receipt number 24683007209 re 108 Notice of Appeal filed by Christina D. Perry-Bey (USCA Case No. 10-1255) (mwin, ) (Entered: 05/25/2010)
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Legal Document (Payment Possibly Required) 110 Filed: 4/26/2010, Entered: None Court Filing
TRANSCRIPT of proceedings for 1/6/10, before Judge Mark S. Davis, re 96 Notice of Appeal, 108 Notice of Appeal Court Reporter/Transcriber Paul L. McManus. The transcript is a paper document which may be viewed at the Clerk's Office. (mwin, ) (Entered: 04/27/2010)
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Legal Document (Payment Possibly Required) 109 Filed: 4/8/2010, Entered: None
Transmission of Notice of Appeal to US Court of Appeals re 108 Notice of Appeal. ECF to counsel, copy mailed to pro se plaintiff. (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, # 2 Letter)(mwin, ) (Entered: 04/08/2010)
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Legal Document (Payment Possibly Required) 108 Filed: 4/8/2010, Entered: None
NOTICE OF APPEAL as to 105 Order, by Christina D. Perry-Bey. (Notice is not signed; certificate of service is signed.) (mwin, ) (Additional attachment(s) added on 4/8/2010: # 1 Letter) (mwin, ). (Entered: 04/08/2010)
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Legal Document (Payment Possibly Required) 107 Filed: 4/7/2010, Entered: None
MOTION to withdraw notice of appeal and demand final ruling, filed by Christina D. Perry-Bey. (Attachments: # 1 Letter)(mwin, ) (Entered: 04/07/2010)
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Legal Document (Payment Possibly Required) 106 Filed: 4/6/2010, Entered: None
CLERK'S JUDGMENT dismissing plaintiff's amended complaint with prejudice. Signed by the Clerk and filed on 4/6/10. ECF to counsel; copy mailed to pro se plaintiff 4/6/10.(mwin, ) (Entered: 04/06/2010)
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Legal Document (Payment Possibly Required) 105 Filed: 4/6/2010, Entered: None Court Filing
ORDER denying plaintiff's 53 Motion for Extension of Time to Amend, as the plaintiff has not met the deadline imposed by the Court for payment of attorney's fees; dismissing plaintiff's 22 Amended Complaint with prejudice; noting appeal procedures. Signed by District Judge Mark S. Davis and filed on 4/6/10. ECF to counsel, copy mailed to pro se plaintiff 4/6/10. (mwin, ) (Entered: 04/06/2010)
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Legal Document (Payment Possibly Required) 104 Filed: 4/6/2010, Entered: None
NOTICE by City of Norfolk, Virginia of Nonpayment (Jacobs, Paul) (Entered: 04/06/2010)
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Legal Document (Payment Possibly Required) 103 Filed: 4/5/2010, Entered: None Court Filing
ORDER denying plaintiff's 97 Motion to Stay. Signed by District Judge Mark S. Davis and filed on 4/5/10. ECF to counsel, copy mailed to pro se plaintiff. (mwin, ) (Entered: 04/05/2010)
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Legal Document (Payment Possibly Required) 102 Filed: 3/16/2010, Entered: None Court Filing
ORDER noting plaintiffs Motion to Stay the Courts 2/18/10 order requiring payment of attorney's fees by 3/17/10; extending deadline for payment to 4/5/10 on the Courts own motion, for further consideration of plaintiff's motion to stay; noting plaintiffs Motion for Extension of Time to Pay $455 Applicable Filing Fee; extending deadline for payment of fees to 4/16/10. Signed by District Judge Mark S. Davis and filed 3/16/10. Copy mailed to pro se plaintiff, ECF to counsel 3/16/10. (mwin, ) (Entered: 03/16/2010)
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Legal Document (Payment Possibly Required) 101 Filed: 3/11/2010, Entered: None
MOTION for Extension of Time to Pay $455 appeal fee, by Christina D. Perry-Bey. (Attachments: # 1 USCA letter to plaintiff, # 2 cover letter)(mwin, ) (Entered: 03/12/2010)
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Legal Document (Payment Possibly Required) 100 Filed: 3/3/2010, Entered: None
USCA Case Number 10-1255, USCA Case Mgr. C. Halupa for 96 Notice of Appeal filed by Christina D. Perry-Bey. (mwin, ) (Entered: 03/03/2010)
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Legal Document (Payment Possibly Required) 99 Filed: 3/3/2010, Entered: None
Memorandum in Opposition re 97 MOTION to Stay filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 03/03/2010)
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Legal Document (Payment Possibly Required) 98 Filed: 3/2/2010, Entered: None
Transmission of Notice of Appeal to US Court of Appeals re 96 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)(mwin, ) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 97 Filed: 3/1/2010, Entered: None
MOTION to Stay proceedings pending appeal by Christina D. Perry-Bey. (Note: Document is entitled "Memorandum in Support of Motion to Stay Proceedings") (Attachments: # 1 letter)(mwin, ) (Entered: 03/01/2010)
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Legal Document (Payment Possibly Required) 96 Filed: 3/1/2010, Entered: None
NOTICE OF APPEAL as to 92 Order, by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) (Entered: 03/01/2010)
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Legal Document (Payment Possibly Required) 95 Filed: 3/1/2010, Entered: None Court Filing
ORDER denying 93 Motion to Disqualify Judge. Signed by District Judge Mark S. Davis on 2/26/10; filed 3/1/10. ECF to counsel, copies mailed to pro se plaintiff, 3/1/10. (mwin, ) (Entered: 03/01/2010)
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Legal Document (Payment Possibly Required) 94 Filed: 2/24/2010, Entered: None Court Filing
Memorandum in Opposition re 93 MOTION to Disqualify Judge filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 02/24/2010)
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Legal Document (Payment Possibly Required) 93 Filed: 2/22/2010, Entered: None Court Filing
MOTION to Disqualify Judge and memorandum in support by Christina D. Perry-Bey. (jcow, ) (Entered: 02/22/2010)
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Legal Document (Payment Possibly Required) 92 Filed: 2/18/2010, Entered: None Court Filing
MEMORANDUM ORDER denying plaintiff's 84 Motion to Alter or Amend and Objection; granting plaintiff's 53 Motion for Extension of Time to Amend ON CONDITION that she pay defendant $4,341.60 by 3/17/10. Signed by District Judge Mark S. Davis on 2/17/10; filed 2/18/10. ECF to counsel; mailed to pro se plaintiff, 2/18/10. (mwin, ) (Entered: 02/18/2010)
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Legal Document (Payment Possibly Required) 91 Filed: 2/17/2010, Entered: None
Mail Returned as Undeliverable: Mail sent to plaintiff at Hatton St. address on 1/4/10. (Attachments: # 1 copy of 1/4/10 order) (mwin, ) (Entered: 02/18/2010)
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Legal Document (Payment Possibly Required) 90 Filed: 2/17/2010, Entered: None
Mail Returned as Undeliverable: Mail sent to plaintiff at Hatton St. address 12/31/09. (Attachments: # 1 copy of 12/31/09 order) (mwin, ) (Entered: 02/18/2010)
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Legal Document (Payment Possibly Required) 89 Filed: 2/17/2010, Entered: None
Mail Returned as Undeliverable: Mail sent to plaintiff at Hatton St. address 12/18/09. (Attachments: # 1 copy 12-18-09 notice) (mwin, ) (Entered: 02/18/2010)
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Legal Document (Payment Possibly Required) 88 Filed: 1/22/2010, Entered: None
Marshal's Return of 1/4/10 order returned unexecuted as to Christina D. Perry-Bey at 2741 Vincent Avenue, #B, Norfolk, VA 23509. (mwin, ) (Entered: 01/25/2010)
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Legal Document (Payment Possibly Required) 87 Filed: 1/22/2010, Entered: None
Marshal's Return of 12/18/09 order returned unexecuted as to Christina D. Perry-Bey, attempted at 1012 Hatton St., Norfolk, VA and 2741 Vincent Avenue, #B, Norfolk, VA 23509. (mwin, ) (Entered: 01/25/2010)
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Legal Document (Payment Possibly Required) 86 Filed: 1/21/2010, Entered: None
Memorandum in Opposition re 84 MOTION to Alter Judgment filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 01/21/2010)
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Legal Document (Payment Possibly Required) 85 Filed: 1/20/2010, Entered: None
AFFIDAVIT of Paul w. Jacobs, II Concerning Fees and Costs Related to Plaintiff's Motions to Extend Time by City of Norfolk, Virginia. (Attachments: # 1 Attachment A, Billing Summary)(Jacobs, Paul) (Entered: 01/20/2010)
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Legal Document (Payment Possibly Required) 84 Filed: 1/19/2010, Entered: None
MOTION to Alter or Amend and Objection to 82 Order by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) (Entered: 01/19/2010)
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Legal Document (Payment Possibly Required) 83 Filed: 1/15/2010, Entered: None
CLERK'S JUDGMENT denying plaintiff's motion for preliminary injunction. Signed by the Clerk; dated 1/14/10; filed 1/15/10. Copy mailed to plaintiff, ECF to counsel, 1/15/10.(mwin, ) (Entered: 01/15/2010)
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Legal Document (Payment Possibly Required) 82 Filed: 1/14/2010, Entered: None Court Filing
OPINION AND ORDER: Plaintiff's 53 Motion for Extension of Time will be granted upon condition that she makes payment of defendant's reasonable costs and attorney's fees as set forth in Order; directing defendant to provide the Court a summary of its costs and attorney's fees by 1/22/10, as outlined in Order; denying plaintiff's 67 Motion for Preliminary Injunction. Signed by District Judge Mark S. Davis and filed on 1/14/10. Copy mailed to plaintiff, ECF to counsel, 1/14/10. (mwin, ) (Entered: 01/14/2010)
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Legal Document (Payment Possibly Required) 81 Filed: 1/14/2010, Entered: None Court Filing
ORDER denying plaintiff's 73 Motion for Certification of Order for Interlocutory Appeal and 72 Motion to Stay. Signed by District Judge Mark S. Davis and filed on 1/14/10. Copy mailed to plaintiff, ECF to counsel, 1/14/10. (mwin, ) (Entered: 01/14/2010)
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Legal Document (Payment Possibly Required) 80 Filed: 1/7/2010, Entered: None
Submission entitled "Motion for Judgment and Injunctive Relief" submitted by Christina D. Perry-Bey on 12/7/09; filed as a submission 1/7/10, per chambers. (Attachments: # 1 letter) (mwin, ) (Entered: 01/07/2010)
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Legal Document (Payment Possibly Required) 78 Filed: 1/6/2010, Entered: None
NOTICE of Change of Address by Christina D. Perry-Bey in response to 77 order, providing temporary physical address of 3458 Mangrove Ave #1, Norfolk, VA 23502, Tel/Fax: number 888 487-5536. (mwin, ) (Additional attachment(s) added on 1/6/2010: # 1 letter) (mwin, ). (Entered: 01/06/2010)
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Legal Document (Payment Possibly Required) 77 Filed: 1/4/2010, Entered: None Court Filing
ORDER changing the hearing time on Wednesday, 1/6/2010 from 10:00 a.m. to 3:30 p.m.; directing U.S. Marshal to attempt service on plaintiff at 2741 Vincent Avenue, #B, Norfolk, Va., one of plaintiff's last known addresses; directing clerk to mail this order to any other addresses reflected on plaintiffs pleadings; directing plaintiff to file immediately a written notice of accurate physical address and telephone number as required by this Court's Local Rules, and provide copy to counsel for defendant. Signed by District Judge Mark S. Davis and filed on 1/4/2010. Certified copy to U.S. Marshal, ECF to counsel, mailed to pro se plaintiff at 1012 Hatton Street, Norfolk, VA 23523; 2741 Vincent Avenue, #B, Norfolk, VA 23509; and PO Box 9901, Norfolk, VA 23505, on 1/4/2010. (mwin, ) (Entered: 01/04/2010)
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Legal Document (Payment Possibly Required) 76 Filed: 12/31/2009, Entered: None Court Filing
ORDER denying plaintiff's 74 Motion to Continue ("Motion for Extension of Time for Hearing to Amend Complaint"). Signed by District Judge Mark S. Davis and filed on 12/31/09. ECF to counsel, copy mailed to plaintiff 12/31/09. (mwin, ) (Entered: 12/31/2009)
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Legal Document (Payment Possibly Required) 75 Filed: 12/30/2009, Entered: None
Memorandum in Opposition re 74 MOTION to Continue Motion for Extension of Time for Hearing to Amend Complaint filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 12/30/2009)
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Legal Document (Payment Possibly Required) 74 Filed: 12/30/2009, Entered: None
MOTION to Continue 1/6/2010 hearing (entitled "Motion for Extension of Time for Hearing to Amend Complaint") by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) (Entered: 12/30/2009)
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Legal Document (Payment Possibly Required) 73 Filed: 12/28/2009, Entered: None
MOTION for Certification of Order for Interlocutory Appeal re 51 Order (entitled "Memorandum of Plaintiff in Support of Petition for Certification of Order for Interlocutory Appeal") by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) (Entered: 12/30/2009)
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Legal Document (Payment Possibly Required) 72 Filed: 12/28/2009, Entered: None
MOTION to Stay (entitled "Memorandum of Plaintiff in Support of Petition for Certification of Order for Interlocutory Appeal"), by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) (Entered: 12/30/2009)
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Legal Document (Payment Possibly Required) 71 Filed: 12/18/2009, Entered: None Court Filing
ORDER - NOTICE OF HEARING set for 1/6/10 at 10:00 a.m., on plaintiff's Motion for Extension of Time to Amend Complaint and Motion for Preliminary Injunction; directing clerk to mail a copy of this Notice of Hearing to plaintiff at her addresses on record with the Court: 1012 Hatton St., Norfolk, VA 23523, and P.O. Box 9901, Norfolk, VA 23505, and to electronically forward the same to counsel of record for the City of Norfolk; directing U.S. Marshal to personally serve Plaintiff with notice of this hearing at her address on record with the Court: 1012 Hatton St., Norfolk, VA 23523, by 12/23/09; if, after three attempts, the U.S. Marshal is unable to personally serve plaintiff, notice of this hearing shall be posted at plaintiffs address of record. Signed by District Judge Mark S. Davis and filed on 12/18/09. ECF to counsel, mailed to plaintiff at two addresses as directed, two certified copies to U.S. Marshal, 12/18/09.(mwin, ) (Entered: 12/18/2009)
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Legal Document (Payment Possibly Required) 70 Filed: 12/4/2009, Entered: None
REPLY to Response to Motion re 67 MOTION for Preliminary Injunction (entitled "Memorandum In Support of Motion Objecting to Defendants Opposition to Plaintiffs Motion for Preliminary Injunction"), filed by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) (Entered: 12/04/2009)
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Legal Document (Payment Possibly Required) 69 Filed: 12/1/2009, Entered: None
Memorandum in Opposition re 67 MOTION for Preliminary Injunction filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 12/01/2009)
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Legal Document (Payment Possibly Required) 68 Filed: 11/19/2009, Entered: None
Memorandum in Support re 67 MOTION for Preliminary Injunction filed by Christina D. Perry-Bey. (mwin, ) (Entered: 11/23/2009)
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Legal Document (Payment Possibly Required) 67 Filed: 11/19/2009, Entered: None
MOTION for Preliminary Injunction by Christina D. Perry-Bey. (Attachments: # 1 Proposed Order, # 2 letter)(mwin, ) (Entered: 11/23/2009)
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Legal Document (Payment Possibly Required) 66 Filed: 11/5/2009, Entered: None
USCA Mandate re 56 Notice of Appeal: USCA judgment entered October 14, 2009, takes effect today. This constitutes the formal mandate issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (mwin, ) (Entered: 11/05/2009)
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Legal Document (Payment Possibly Required) 65 Filed: 10/30/2009, Entered: None
Opposition to 64 Brief in Support of Plaintiff's 53 Motion for Extension of Time filed by City of Norfolk, Virginia. (Jacobs, Paul) Modified on 11/5/2009 to add motion document number and link to motion. (mwin, ) (Entered: 10/30/2009)
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Legal Document (Payment Possibly Required) 64 Filed: 10/28/2009, Entered: None
Brief in Support of 53 Motion for Extension of Time filed by Christina D. Perry-Bey pursuant to 10/22/09 order. (Attachments: # 1 letter)(mwin, ) Modified on 11/5/2009 to add motion document number (mwin, ). (Entered: 10/29/2009)
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Legal Document (Payment Possibly Required) 63 Filed: 10/22/2009, Entered: None Court Filing
ORDER that the Order of 3/2/09 is amended to extend to 11/4/09 plaintiff's deadline for filing a brief explaining why her motion for an extension of time should be granted; warning plaintiff that if she fails to file the brief by 11/4/09, her claims will be dismissed with prejudice, meaning they could not be refiled. Signed by District Judge Mark S. Davis and filed on 10/22/09. Copy mailed as directed on 10/22/09.(jcow, ) (Entered: 10/22/2009)
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Legal Document (Payment Possibly Required) 62 Filed: 10/14/2009, Entered: None
USCA JUDGMENT as to 56 Notice of Appeal filed by Christina D. Perry-Bey, dismissing this appeal; this judgment shall take effect upon issuance of this Court's mandate in accordance with Fed. R. App. P. 41. (mwin, ) (Entered: 10/14/2009)
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Legal Document (Payment Possibly Required) 61 Filed: 10/14/2009, Entered: None
Opinion of USCA re 56 Notice of Appeal stating that the order Perry-Bey seeks to appeal is neither a final order nor an appealable interlocutory or collateral order; dismissing the appeal for lack of jurisdiction.(mwin, ) (Entered: 10/14/2009)
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Legal Document (Payment Possibly Required) 60 Filed: 3/31/2009, Entered: None
USCA Appeal Fees received $ 455 receipt number 24683002534 re 56 Notice of Appeal filed by Christina D. Perry-Bey (lwoo) (Entered: 04/01/2009)
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Legal Document (Payment Possibly Required) 59 Filed: 3/31/2009, Entered: None
NOTICE of Change of Address by Christina D. Perry-Bey (lwoo) (Entered: 04/01/2009)
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Legal Document (Payment Possibly Required) 58 Filed: 3/16/2009, Entered: None
USCA Case Number 09-1289 USCA, Case Mgr. C. Halupa for 56 Notice of Appeal filed by Christina D. Perry-Bey. (mwin, ) (Entered: 03/20/2009)
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Legal Document (Payment Possibly Required) 57 Filed: 3/13/2009, Entered: None
Transmission of Notice of Appeal to US Court of Appeals re 56 Notice of Appeal. Copies ECF to counsel, mailed to pro se plaintiff. (Attachments: # 1 notice of appeal)(mwin, ) (Entered: 03/13/2009)
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Legal Document (Payment Possibly Required) 56 Filed: 3/12/2009, Entered: None
NOTICE OF APPEAL as to 51 Order and 55 Order, by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) (Entered: 03/13/2009)
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Legal Document (Payment Possibly Required) 55 Filed: 3/2/2009, Entered: None Court Filing
ORDER re 53 MOTION for Extension of Time to Amend filed by Christina D. Perry-Bey, directing Plaintiff to file a brief explaining why her motion should be granted by 3/16/09. If Plaintiff fails to file a brief by 3/16/09, Plaintiff is Warned that her claims will be dismissed with prejudice. (See Order for specifics.) Signed by District Judge Mark S. Davis and filed on 3/2/09. Copy mailed 3/2/09.(lwoo) (Entered: 03/02/2009)
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Legal Document (Payment Possibly Required) 54 Filed: 2/12/2009, Entered: None
Memorandum in Opposition re 53 MOTION for Extension of Time to Amend Memorandum in Opposition to Motion for Extension of Time to File Amended Complaint filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 02/12/2009)
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Legal Document (Payment Possibly Required) 53 Filed: 2/10/2009, Entered: None
MOTION for Extension of Time to Amend by Christina D. Perry-Bey. (Attachments: # 1 letter, # 2 Envelope)(mwin, ) (Entered: 02/10/2009)
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Legal Document (Payment Possibly Required) 52 Filed: 1/15/2009, Entered: None
Memorandum in response to 49 Supplemental Memorandum, by Norfolk Branch of the National Association for the Advancement of Colored People; filed as directed by 1/15/09 Opinion and Order. (mwin, ) (Entered: 01/15/2009)
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Legal Document (Payment Possibly Required) 51 Filed: 1/15/2009, Entered: None Court Filing
OPINION and ORDER granting defendant's 12 Motion to Dismiss plaintiff's Fourteenth Amendment claim, Fifteenth Amendment claim, Voting Rights Act claim, and 42 USC 1983 claim, and dismissing such claims without prejudice; denying plaintiff's 27 Motion to Reconsider; granting amicus curiae NAACP's 47 Motion for Leave to File memorandum in response and ordering the memorandum filed; should plaintiff desire to file a second amended complaint intended to cure her allegations regarding standing and the defects in these claims, it must be filed with the clerk by 2/6/09; failure to file such an amended complaint that remedies the defects outlined will result in a dismissal with prejudice as to those claims dismissed without prejudiceabove; if plaintiff does not file an amended complaint or files one that fails to remedy the defects outlined, she will not be able to proceed on any of her claims that remain defective, and the case will be closed. Signed by District Judge Mark S. Davis and filed on 1/15/09. Copy mailed 1/15/09 to pro se plaintiff; ecf to counsel.(Note: Main Document is Opinion and Order, Part 1, Pages 1-34) (Attachments: # 1 Opinion and Order, Part 2, Pages 35-68) (mwin, ) (Entered: 01/15/2009)
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Legal Document (Payment Possibly Required) 50 Filed: 10/8/2008, Entered: None
NOTICE by City of Norfolk, Virginia re 49 Memorandum in Support Filing of Exhibits (Jacobs, Paul) (Entered: 10/08/2008)
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Legal Document (Payment Possibly Required) 49 Filed: 10/8/2008, Entered: None
Supplemental Memorandum in Support re 12 MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) Supplemental filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 10/08/2008)
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Legal Document (Payment Possibly Required) 48 Filed: 10/7/2008, Entered: None Court Filing
ORDER granting 43 Motion for Leave to File supplemental memorandum; plaintiff granted leave to file response on or before 10/28/08. Signed by District Judge Mark S. Davis and filed on 10/7/08. Copy mailed to pro se plaintiff 10/8/08. (mwin, ) (Entered: 10/08/2008)
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Legal Document (Payment Possibly Required) 47 Filed: 10/8/2008, Entered: None
MOTION for Leave to File Memorandum in Response by Norfolk Branch of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit Memorandum, # 2 Certificate of Service)(Marcus, Ellen) (Entered: 10/08/2008)
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Legal Document (Payment Possibly Required) 46 Filed: 9/23/2008, Entered: None
DOCUMENT filed in error and removed by the clerk (mwin, ). Modified on 9/25/2008 to remove document and add placeholder. (mwin, ). (Entered: 09/25/2008)
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Legal Document (Payment Possibly Required) 45 Filed: 9/24/2008, Entered: None
RESPONSE in Opposition to 43 MOTION for Leave to File Supplemental Memorandum in Support of Motion to Dismiss filed by Christina D. Perry-Bey. (Attachments: # 1 Exhibit, # 2 letter)(mwin, ) (Entered: 09/25/2008)
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Legal Document (Payment Possibly Required) 44 Filed: 9/18/2008, Entered: None
Submission by plaintiff, Christina D. Perry-Bey, entitled "Equal Justice Under the Law" "Plaintiff's Oral Argument" (mwin, ) (Entered: 09/19/2008)
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Legal Document (Payment Possibly Required) 43 Filed: 9/19/2008, Entered: None
MOTION for Leave to File Supplemental Memorandum in Support of Motion to Dismiss by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 09/19/2008)
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Legal Document (Payment Possibly Required) 41 Filed: 9/11/2008, Entered: None
NOTICE of Appearance by Melvin Wayne Ringer on behalf of City of Norfolk, Virginia (Ringer, Melvin) (Entered: 09/11/2008)
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Legal Document (Payment Possibly Required) 40 Filed: 9/10/2008, Entered: None
NOTICE by City of Norfolk, Virginia of Appearance of Wayne Ringer (Jacobs, Paul) (Entered: 09/10/2008)
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Legal Document (Payment Possibly Required) 39 Filed: 9/2/2008, Entered: None Court Filing
ORDER granting 37 Motion for Pro hac vice; Appointed Marcia Floria Johnson-Blanco for Norfolk Branch of the National Association for the Advancement of Colored People. Signed by District Judge Mark S. Davis and filed on 9/2/08. Copies mailed 9/3/08. (rlam) (Entered: 09/03/2008)
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Legal Document (Payment Possibly Required) 38 Filed: 8/27/2008, Entered: None
MOTION objecting to grant of hearing on defendant's motion to dismiss, by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) (Entered: 08/27/2008)
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Legal Document (Payment Possibly Required) 37 Filed: 8/26/2008, Entered: None
MOTION for Marcia Floria Johnson-Blanco to appear Pro hac vice by Norfolk Branch of the National Association for the Advancement of Colored People. (Attachments: # 1 Receipt)(mwin, ) (Additional attachment(s) added on 8/27/2008: # 2 letter) (mwin, ). (Entered: 08/27/2008)
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Legal Document (Payment Possibly Required) 36 Filed: 8/22/2008, Entered: None
Notice of Hearing Date set for September 17, 2008 re 12 MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) (Jacobs, Paul) (Entered: 08/22/2008)
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Blank 35 Filed: 8/15/2008, Entered: None
Memorandum of Amicus Curiae Regarding Motion to Dismiss of the City of Norfolk of Amicus Curiae Regarding Motion to Dismiss of the City of Norfolk filed by Norfolk Branch of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit A)(Marcus, Ellen) (Entered: 08/15/2008)
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Legal Document (Payment Possibly Required) 34 Filed: 8/14/2008, Entered: None Court Filing
MEMORANDUM ORDER granting 25 Motion for Leave to File the amicus brief attached to its motion, the Court will consider those portions of the brief that relate to issues and arguments raised by the parties; directing the NAACP to electronically file its proffered brief within 7 days of this Order; directing the parties to schedule oral argument on the motion to dismiss; the NAACP may participate in such argument as amicus once the parties choose a hearing date and notify the NAACP of same. Signed by District Judge Mark S. Davis and filed on 8/14/08. Copies mailed 8/15/08.(rlam) (Entered: 08/15/2008)
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Legal Document (Payment Possibly Required) 33 Filed: 8/14/2008, Entered: None Court Filing
ORDER denying 32 Motion for Pro hac vice, because Local Civil Rule 83.1(D) requires that the U. S. District Court "of the district in which the practitioner maintains an office" extend a similar pro hac vice privilege. No such representation is here made. Signed by District Judge Mark S. Davis and filed on 8/14/2008. Copies mailed 8/15/08. (rlam) (rlam, ) (Entered: 08/15/2008)
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Legal Document (Payment Possibly Required) 32 Filed: 8/12/2008, Entered: None
MOTION for Marcia Floria Johnson-Blanco to appear Pro hac vice by Norfolk Branch of the National Association for the Advancement of Colored People (Attachments: # 1 Receipt)(mwin, ) (Entered: 08/14/2008)
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Legal Document (Payment Possibly Required) 31 Filed: 7/28/2008, Entered: None
NOTICE by City of Norfolk, Virginia re 12 MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) requesting oral argument (Jacobs, Paul) (Entered: 07/28/2008)
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Legal Document (Payment Possibly Required) 30 Filed: 7/25/2008, Entered: None
RESPONSE in Opposition re 25 MOTION for Leave to File as Amicus Curiae filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 07/25/2008)
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Legal Document (Payment Possibly Required) 29 Filed: 7/25/2008, Entered: None
RESPONSE in Opposition re 27 MOTION for Reconsideration re 21 Order on Motion for Miscellaneous Relief,,,, Order on Motion to Amend/Correct,,,, Order on Motion for Extension of Time to File Response/Reply,,, filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 07/25/2008)
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Legal Document (Payment Possibly Required) 28 Filed: 7/16/2008, Entered: None
Rebuttal Brief re 12 MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 07/16/2008)
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Legal Document (Payment Possibly Required) 27 Filed: 7/11/2008, Entered: None
MOTION for Reconsideration re 21 Order by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) (Entered: 07/14/2008)
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Legal Document (Payment Possibly Required) 26 Filed: 7/10/2008, Entered: None
RESPONSE to Motion re 12 MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) filed by Christina D. Perry-Bey. (Attachments: # 1 letter)(mwin, ) Modified on 7/14/2008 to correct filing date to 7/10/08 (mwin, ). (Entered: 07/14/2008)
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Legal Document (Payment Possibly Required) 25 Filed: 7/11/2008, Entered: None
MOTION for Leave to File as Amicus Curiae by Norfolk Branch of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit Brief Regarding Motion to Dismiss of City of Norfolk, # 2 Certificate of Service)(Marcus, Ellen) (Entered: 07/11/2008)
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Legal Document (Payment Possibly Required) 24 Filed: 7/3/2008, Entered: None Court Filing
Magistrate Judge notice and Judge's information mailed to pro se plaintiff and to counsel for defendant via ECF. (mwin, ) (Entered: 07/03/2008)
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Legal Document (Payment Possibly Required) 23 Filed: 6/17/2008, Entered: None Court Filing
ORDER striking 19 amended motion for extension of time from the record, unless the defect is corrected within 30 days. Signed by District Judge Rebecca Beach Smith and filed on 6/17/08. Copy mailed to pro se plaintiff 6/17/08.(mwin, ) (Entered: 06/17/2008)
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Legal Document (Payment Possibly Required) 22 Filed: 6/11/2008, Entered: None
AMENDED COMPLAINT against City of Norfolk, Virginia by Christina D. Perry-Bey; filed per 6/11/08 order(mwin, ) (Entered: 06/16/2008)
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Legal Document (Payment Possibly Required) 21 Filed: 6/11/2008, Entered: None Court Filing
ORDER denying 7 Motion for civil contempt; granting 9 Motion to Amend complaint; the amended complaint attached to plaintiff's motion now represents the charging document in this litigation; Christina Perry-Bey is the sole plaintiff named in the amended complaint; Roy Perry-Bey is no longer a party to this lawsuit; directing the clerk to remove his name from the suit's caption; granting 16 Motion for 30-day Extension of Time to File Response, the thirty-day period to run from the date of this order; the Court will consider defendant's motion to dismiss only as it relates to the amended complaint. Signed by District Judge Rebecca Beach Smith and filed on 6/11/08. Copies mailed to Roy L. Perry-Bey and Christina D. Perry-Bey 6/16/08. (mwin, ) (Entered: 06/16/2008)
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Legal Document (Payment Possibly Required) 20 Filed: 6/13/2008, Entered: None
Reply to Motion re 19 MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 06/13/2008)
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Legal Document (Payment Possibly Required) 19 Filed: 6/9/2008, Entered: None
MOTION for 90-day Extension of Time to File Response to 12 MOTION to Dismiss, filed only as to Roy L. Perry-Bey; filed subject to defect: Christina D. Perry-Bey did not sign the motion. (mwin, ) (Additional attachment(s) added on 6/11/2008: # 1 letter) (mwin, ). Modified on 6/16/2008 to note defect (mwin,) (Entered: 06/11/2008)
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Legal Document (Payment Possibly Required) 18 Filed: 6/4/2008, Entered: None
Corrected certificate of service for plaintiff's motion for extension of time. (jcow, ) (Entered: 06/04/2008)
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Legal Document (Payment Possibly Required) 17 Filed: 6/3/2008, Entered: None
RESPONSE to Motion re 16 MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) filed by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 06/03/2008)
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Legal Document (Payment Possibly Required) 16 Filed: 6/2/2008, Entered: None
MOTION for Extension of Time to File Response as to 12 MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) by Christina D. Perry-Bey. (jcow, ) (Entered: 06/02/2008)
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Legal Document (Payment Possibly Required) 15 Filed: 5/21/2008, Entered: None Court Filing
Magistrate Judge notice and Judges information to counsel via ECF and mailed to pro se plaintiffs.(mwin, ) (Entered: 05/21/2008)
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Legal Document (Payment Possibly Required) 14 Filed: 5/15/2008, Entered: None
Roseboro Notice as to Motion to Dismiss Pursuant to Rule 12(b)(5) and 12(b)(6) by City of Norfolk, Virginia (Jacobs, Paul) (Entered: 05/15/2008)
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Legal Document (Payment Possibly Required) 13 Filed: 5/14/2008, Entered: None
Defendant's Memorandum in Support re 12 MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) Defendant's filed by City of Norfolk, Virginia. (Attachments: # 1 Exhibit A to Memorandum, # 2 Exhibit B (Part 1) to Memorandum, # 3 Exhibit B (Part 2) to Memorandum, # 4 Exhibit C-J to Memorandum)(Jacobs, Paul) (Entered: 05/14/2008)
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Legal Document (Payment Possibly Required) 12 Filed: 5/14/2008, Entered: None
MOTION to Dismiss Complaint Under Rules 12(b)(5) and 12(b)(6) by City of Norfolk, Virginia. (Jacobs, Paul) (Entered: 05/14/2008)
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Legal Document (Payment Possibly Required) 11 Filed: 5/5/2008, Entered: None
Notice of Correction re 7 MOTION to reinstate request motion for contempt: Proposed order presented by pro se plaintiff 5/5/08 attached by clerk to motion. (mwin, ) (Entered: 05/07/2008)
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Legal Document (Payment Possibly Required) 9 Filed: 4/30/2008, Entered: None
MOTION to Amend 6 Complaint, FILED ONLY AS TO Roy L. Perry-Bey who signed motion (Christina D. Perry-Bey did not sign motion) (Attachments: # 1 proposed amended complaint listing only Christina D. Perry-Bey as plaintiff and signed only by Christina D. Perry-Bey, # 2 letter)(mwin, ) (Entered: 04/30/2008)
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Legal Document (Payment Possibly Required) 8 Filed: 4/24/2008, Entered: None Court Filing
Summons Issued as to City of Norfolk, Virginia. Summons package mailed to Roy L. Perry-Bey to arrange service upon defendant. Magistrate Judge notice and Judge's information mailed to both plaintiffs. (Attachments: # 1 Magistrate Judge notice and Judge's information)(mwin, ) (Entered: 04/24/2008)
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Legal Document (Payment Possibly Required) 7 Filed: 4/22/2008, Entered: None
MOTION to reinstate request motion for contempt of court to issue show cause order re (withdrawn) 3 motion for leave of court to serve defendant with motion for contempt by Roy L. Perry-Bey. (mwin, ) (Additional attachment(s) added on 5/7/2008: # 1 Proposed Order) (mwin, ). (Entered: 04/24/2008)
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Legal Document (Payment Possibly Required) 6 Filed: 4/21/2008, Entered: None
COMPLAINT against City of Norfolk, Virginia by Christina D. Perry-Bey, Roy L. Perry-Bey (mwin, ) (Entered: 04/24/2008)
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Legal Document (Payment Possibly Required) 5 Filed: 4/21/2008, Entered: None
Filing fee paid by Roy Perry-Bey: $350.00, receipt number 200004244 (mwin, ) (Entered: 04/24/2008)
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Legal Document (Payment Possibly Required) 4 Filed: 4/21/2008, Entered: None
Withdrawal of 3 MOTION for leave of court to serve defendant with motion for contempt filed only as to Roy L. Perry-Bey and 2 MOTION for Leave to Proceed in forma pauperis by Roy L. Perry-Bey; withdrawal filed ONLY as to Roy L. Perry-Bey; Christina D. Perry-Bey did not sign withdrawal. (Attachments: # 1 letter)(mwin, ) Modified on 4/24/2008 to correct filing date (mwin, ). (Entered: 04/24/2008)
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Legal Document (Payment Possibly Required) 3 Filed: 4/10/2008, Entered: None
MOTION for leave of court to serve defendant with motion for contempt by Roy L. Perry-Bey. (Note: filed only as to Roy L. Perry-Bey. Christina D. Perry-Bey did not sign the motion.) (Attachments: # 1 Proposed Petition/motion)(mwin, ) # 2 letter) (mwin, ) (Entered: 04/16/2008)
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Legal Document (Payment Possibly Required) 2 Filed: 2/28/2008, Entered: None
MOTION for Leave to Proceed in forma pauperis, filed by Roy L. Perry-Bey. (Attachments: # 1 Proposed Complaint (Motion for Judgment and Injunctive Relief); # 2 Cover letter)(kver). (Entered: 02/28/2008)
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Legal Document (Payment Possibly Required) 1 Filed: 2/27/2008, Entered: None
MOTION for Leave to Proceed in forma pauperis, filed by Christina D. Perry-Bey. (Attachments: # 1 Proposed Complaint (Motion for Judgment and Injunctive Relief); # 2 Cover letter)(kver). (Entered: 02/28/2008)
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