Pitman et al v. Xcentric Ventures, LLC et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 4:16-cv-00179
District Judge Henry C. Morgan, Jr, presiding
Tags
District Judge Henry C. Morgan, Jr
Last Updated July 30, 2025 at 1:34 AM EDT (4.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anonymized Party [8A1D3BB], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Stephen Mark Smith ssmith@braininjurylawcenter.com

Represented by Joseph Smith Ltd

Name Phone Fax E-Mail
Space David Barnes Holt dholt@attorneys4injured.com

Represented by Stanley & Houchens, LLC

Name Phone Fax E-Mail
Space Aaron Balla Houchens +1 540 721 6028
Space Seth Daniel Scott sscott@shg-law.com
No Logo John M. Pitman, III, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space David Barnes Holt +1 757 244 7000 +1 757 245 7740 dholt@attorneys4injured.com

Represented by Brain Injury Law Center

Name Phone Fax E-Mail
Space Stephen M Smith +1 757 244 7000 +1 757 245 7740 ssmith@braininjurylawcenter.com

Represented by shg-law.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Aaron Balla Houchens +1 540 721 6028 +1 540 721 6405 ahouchens@shg-law.com
No Logo Peninsula Plastic Surgery Center, Ltd, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space David Barnes Holt
Space Aaron Balla Houchens
Space Seth Daniel Scott
Space Stephen Mark Smith ssmith@braininjurylawcenter.com

Represented by Unknown Firm

Name Phone Fax E-Mail
Space David Barnes Holt +1 757 244 7000 +1 757 245 7740 dholt@attorneys4injured.com

Represented by Brain Injury Law Center

Name Phone Fax E-Mail
Space Stephen M Smith +1 757 244 7000 +1 757 245 7740 ssmith@braininjurylawcenter.com

Represented by shg-law.com Law Firm Placeholder

v.
No Logo Anna Richter, Defendant

Represented by Suite 300

Name Phone Fax E-Mail
Space Jesse R. Binnall +1 703 888 1943 +1 703 888 1930 jbinnall@harveybinnall.com
Space Louise Tavey Gitcheva +1 703 888 1943 +1 703 888 1930 lgitcheva@harveybinnall.com
No Logo Anonymized Party [02CC36F], Defendant

Represented by BINNALL LAW GROUP, PLLC

Name Phone Fax E-Mail
Space Jesse R. Binnall jesse@binnall.com

Represented by HARVEY & BINNALL, PLLC

Name Phone Fax E-Mail
Space Louise Tavey Gitcheva lgitcheva@harveybinnall.com
No Logo Anonymized Party [179C7A9], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jesse R. Binnall
Space Louise Tavey Gitcheva

Represented by KAUFMAN & CANOLES

Name Phone Fax E-Mail
Space Thomas Kent Norment , Jr.
No Logo Anonymized Party [1FCA75E], Defendant
No Logo Anonymized Party [C4F4FD5], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Shalin Rakesh Sood
Space David Alan Warrington
No Logo Bert Pitman, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jesse R. Binnall
Space Louise Tavey Gitcheva
Space Thomas Kent Norment , Jr.

Represented by Suite 300

Name Phone Fax E-Mail
Space Jesse R. Binnall +1 703 888 1943 +1 703 888 1930 jbinnall@harveybinnall.com
Space Louise Tavey Gitcheva +1 703 888 1943 +1 703 888 1930 lgitcheva@harveybinnall.com
No Logo Meade, Darren Mitchell, Defendant
Officially listed as "Darren M. Meade"
No Logo Magedson, Edward, Defendant
Officially listed as "Edward Magedson"

Represented by Wright Robinson McCammon Osthimer & Tatum

Name Phone Fax E-Mail
Space David Alan Warrington +1 703 684 8007 +1 703 684 8075 David.Warrington@leclairryan.com
No Logo Tracey A. Richter, Defendant

Represented by Suite 300

Name Phone Fax E-Mail
Space Jesse R. Binnall +1 703 888 1943 +1 703 888 1930 jbinnall@harveybinnall.com
Space Louise Tavey Gitcheva +1 703 888 1943 +1 703 888 1930 lgitcheva@harveybinnall.com
No Logo Xcentric Ventures, LLC, Defendant

Represented by Dickinson Wright PLLC

Name Phone Fax E-Mail
Space Nicole Michelle Meyer nmeyer@dickinson-wright.com
Space Henrik Jonathan Redway jredway@dickinson-wright.com

Represented by Kutak Rock LLP (DC)

Name Phone Fax E-Mail
Space David Alan Warrington david.warrington@kutakrock.com

Represented by LeClair Ryan PLLC (Alexandria)

Name Phone Fax E-Mail
Space Shalin Rakesh Sood Shalin.Sood@Leclairryan.com

Represented by Wright Robinson McCammon Osthimer & Tatum

Name Phone Fax E-Mail
Space David Alan Warrington +1 703 684 8007 +1 703 684 8075 David.Warrington@leclairryan.com
Attributes
Office Newport News
Filed 12/7/2016
Jury Demand Plaintiff
Demand $9999000
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity-Notice of Removal
Jurisdiction Diversity
Disposition
County Williamsburg City
Terminated
Origin 2
Reopened
Lead Case
416-cv-00179-HCM-DEM
Related Case
417-cv-00012-HCM-DEM
Other Court Case CL16001780-00[Williamsburg/James City County Circuit Court]
Defendant Custody Status
Flags JURY,LEAD
Case Status closed
Monetary Demand $9,999,000
Anonymization By SCALES
Timeline
  Entries (175) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 148 Filed: 10/30/2017, Entered: 10/30/2017 Court Filing
ORDER entered 10/27/17 and filed 10/30/17: This matter is before the Court on notice from Plaintiffs 8A1D3BB and Peninsula Plastic Surgery Center (collectively, "Plaintiffs") and Defendants Bert 8A1D3BB, 179C7A9, and 02CC36F (collectively, "Family Defendants") that they have resolved any dispute regarding a potential post-trial motion and will not be filing such a motion. Doc. 147 . Accordingly, the Court cancels the briefing deadlines and hearing set on the Family Defendants' post-trial motion. In light of the Parties' stipulation of dismissal, Doc. 141 , and the withdrawal of any further disputes between the Parties, the Court DENIES any remaining pending Motions and DISMISSES the case pursuant to the Parties' stipulation. (Signed by District Judge Henry C. Morgan, Jr. on 10/27/17). Copies provided as directed 10/30/17. (ecav, )
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Legal Document (Payment Possibly Required) 147 Filed: 10/25/2017, Entered: 10/25/2017
STATUS REPORT by Bert 8A1D3BB, 179C7A9 (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 146 Filed: 10/19/2017, Entered: 10/19/2017
NOTICE of Voluntary Dismissal of 1FCA75E by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB (Scott, Seth)
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Legal Document (Payment Possibly Required) 145 Filed: 10/18/2017, Entered: 10/18/2017 Court Filing
ORDER granting 142 Motion to Voluntarily Dismiss defendants Xcentric Ventures, LLC and C4F4FD5 pursuant to Federal Rules of Civil Procedure 41(a)(2) without prejudice. Signed by District Judge Henry C. Morgan, Jr. on 10/18/17 and filed in open court. (lbax, )
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Legal Document (Payment Possibly Required) 144 Filed: 10/18/2017, Entered: 10/18/2017 Court Filing
Motion Hearing before District Judge Henry C. Morgan, Jr. held on 10/18/2017 re 141 Stipulation of Dismissal as to Defendants 179C7A9F and Bert 8A1D3BB and 142 Consent MOTION to Voluntarily Dismiss Defendants Xcentric Ventures, LLC and C4F4FD5 filed by 8A1D3BB, Peninsula Plastic Surgery Center, Ltd. Appearances: Seth D. Scott for the Plaintiffs. David A. Warrington for Defendants Xcentric Ventures, LLC and C4F4FD5. Jesse R. Binnall for the 179C7A9 or 02CC36F Defendants. Arguments of counsel. The Court GRANTS the Consent Motion to Voluntarily Dismiss defendants Xcentric Ventures and C4F4FD5. The Plaintiff is directed file a Stipulation of Dismissal as to defendant 1FCA75E. The 02CC36F or 179C7A9 defendants are planning to file a post-trial motion after the Stipulation of Dismissal is entered. Counsel argued that pursuant to Rule 11, the court has jurisdiction to review post-trial motions. The Court ordered the 179C7A9 or 02CC36F defendants to file the authorities that support their argument by 10/25/17. The Plaintiff is directed to file a reply to this authority by 10/30/17. A hearing on this motion will be held on 11/1/17 at 12:00 noon in the Norfolk Division. Court adjourned. (Court Reporter Paul McManus, OCR.)(lbax, )
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Blank  Filed: None, Entered: None set/reset hearings
Motion Hearing set for 11/1/2017 at 12:00 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Blank  Filed: 10/16/2017, Entered: 10/16/2017
Motion Hearing as to 141 STIPULATION of Dismissal as to Defendants 179C7A9F and Bert 8A1D3BB by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB and 142 Consent MOTION to Voluntarily Dismiss Defendants Xcentric Venutes, LLC and C4F4FD5 reset for 10/18/2017 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (time change only) (lbax, )
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Blank  Filed: None, Entered: None set motion and R&R deadlines/hearings
Motion Hearing as to [141] STIPULATION of Dismissal as to Defendants Anna Richter, Tracey Richter and Bert Pitman by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III and [142] Consent MOTION to Voluntarily Dismiss Defendants Xcentric Venutes, LLC and Edward Magedson reset for 10/18/2017 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (time change only) (lbax, )
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Blank  Filed: 10/3/2017, Entered: 10/3/2017
Motion hearing as to 142 Consent MOTION to Voluntarily Dismiss Defendants Xcentric Ventures, LLC and C4F4FD5 and 141 STIPULATION of Dismissal as to Defendants 179C7A9F and Bert 8A1D3BB by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB set for 10/18/2017 at 12:00 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Blank  Filed: None, Entered: None set motion and R&R deadlines/hearings
Motion hearing as to [142] Consent MOTION to Voluntarily Dismiss Defendants Xcentric Ventures, LLC and Edward Magedson and [141] STIPULATION of Dismissal as to Defendants Anna Richter, Tracey Richter and Bert Pitman by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III set for 10/18/2017 at 12:00 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Legal Document (Payment Possibly Required) 143 Filed: 9/29/2017, Entered: 9/29/2017
Memorandum in Support re 142 Consent MOTION to Voluntarily Dismiss Defendants Xcentric Venutes, LLC and C4F4FD5 filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 142 Filed: 9/29/2017, Entered: 9/29/2017, Terminated: 10/18/2017
Consent MOTION to Voluntarily Dismiss Defendants Xcentric Venutes, LLC and C4F4FD5 by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Proposed Order Consent Order)(Houchens, Aaron)
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Legal Document (Payment Possibly Required) 141 Filed: 9/29/2017, Entered: 9/29/2017
STIPULATION of Dismissal as to Defendants Anna Ricther, 02CC36F and Bert 8A1D3BB by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 140 Filed: 9/28/2017, Entered: 9/28/2017 Court Filing
The Court ORDERS Defendant Xcentric to respond to the previously compelled discovery by October 2, 2017. The Parties will comply with outstanding expert witness discovery by October 9,2017. In addition, the Court hereby AMENDS its scheduling Order, Doc. 58 , to state that Rule 702, 703, or 705 disclosures intended solely to respond to, contradict or rebut evidence on the same subject matter disclosed by another party pursuant to paragraph (a)(2)(B) of Rule 26, or pursuant to the scheduling Order, shall be made on October 16, 2017. Any rebuttal disclosure by the party bearing the initial burden of proof shall still be made on October 24, 2017. Signed by District Judge Henry C. Morgan, Jr on 9/28/17. (bpet, )
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Legal Document with OCR 139 Filed: 9/28/2017, Entered: 9/28/2017
Memorandum in Support re 138 MOTION to Compel Xcentric & C4F4FD5 filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Scott, Seth)
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Legal Document (Payment Possibly Required) 138 Filed: 9/28/2017, Entered: 9/28/2017, Terminated: 10/30/2017
MOTION to Compel Xcentric & C4F4FD5 by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Scott, Seth)
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Legal Document (Payment Possibly Required) 137 Filed: 9/27/2017, Entered: 9/27/2017
RESPONSE in Support re 113 MOTION for Extension of time to disclose expert opinions filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit A)(Houchens, Aaron)
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Legal Document (Payment Possibly Required) 136 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
ORDER entered and filed 9/26/17 as to Defendants C4F4FD5 ("Magedson's") 128 Motion for Extension of Time to File Answer and Xcentric Ventures, LLC's ("Xcentric's") 130 Motion for Extension of Time to File Answer. It appears that the one (1) day delay was a mistake of C4F4FD5 and Xcentric's counsel, and Plaintiffs do not oppose the Motions for Leave. Accordingly, the Court GRANTS the Motions for Leave. (Signed by District Judge Henry C. Morgan, Jr. on 9/26/17). Copies provided 9/26/17. (ecav, )
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Legal Document (Payment Possibly Required) 135 Filed: 9/25/2017, Entered: 9/25/2017
Memorandum in Support re 134 MOTION to Amend/Correct 67 AMENDED COMPLAINT with leave of Court filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit A)(Houchens, Aaron) Modified on 9/26/2017 to create linkage (ecav, ).
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Legal Document (Payment Possibly Required) 134 Filed: 9/25/2017, Entered: 9/25/2017, Terminated: 10/30/2017
MOTION to Amend/Correct 67 AMENDED COMPLAINT with leave of Court by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron) Modified on 9/26/2017 to create linkage (ecav, ).
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Legal Document (Payment Possibly Required) 133 Filed: 9/21/2017, Entered: 9/21/2017
Memorandum in Opposition re 113 MOTION for Extension of time to disclose expert opinions filed by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 132 Filed: 9/21/2017, Entered: 9/21/2017
Memorandum in Opposition re 113 MOTION for Extension of time to disclose expert opinions filed by Bert 8A1D3BB, 179C7A9 (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 131 Filed: 9/13/2017, Entered: 9/13/2017
Brief in Support to 130 MOTION for Extension of Time to File Answer re 67 Amended Complaint filed by Xcentric Ventures, LLC. (Attachments: # 1 Errata Xcentric Answer to Amended Complaint)(Warrington, David)
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Legal Document (Payment Possibly Required) 130 Filed: 9/13/2017, Entered: 9/13/2017, Terminated: 9/26/2017
MOTION for Extension of Time to File Answer re 67 Amended Complaint by Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 129 Filed: 9/13/2017, Entered: 9/13/2017
Brief in Support to 128 MOTION for Extension of Time to File Answer re 67 Amended Complaint filed by C4F4FD5. (Attachments: # 1 Errata C4F4FD5 Answer to Amended Complaint)(Warrington, David)
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Legal Document (Payment Possibly Required) 128 Filed: 9/13/2017, Entered: 9/13/2017, Terminated: 9/26/2017
MOTION for Extension of Time to File Answer re 67 Amended Complaint by C4F4FD5. (Warrington, David)
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Legal Document (Payment Possibly Required) 127 Filed: 9/13/2017, Entered: 9/13/2017 Court Filing
ORDER entered and filed 9/13/17 as to Plaintiffs 8A1D3BB III's ("John Pitman's") and Peninsula Plastic Surgery Center ("PPSC's") (collectively, "Plaintiffs'") 120 Motion to Quash. The Court WAIVES further briefing on the instant Motion and DISMISSES the Motion for failure to meet and confer. The Court also observes that further unnecessary discovery motions or motions that fail to comply with local rules may subject a party to sanctions. See E.D. Va. L. Civ. R. 37(G)-(H). (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 9/13/17). Copies provided as directed 9/13/17. (ecav, )
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Legal Document (Payment Possibly Required) 126 Filed: 9/13/2017, Entered: 9/13/2017 Court Filing
ORDER entered and filed 9/13/17 as to Plaintiffs 8A1D3BB III's ("John Pitman's") and Peninsula Plastic Surgery Center ("PPSC's") (collectively, "Plaintiffs'") 105 Motion to Continue Trial ("Motion"). It appears from the briefing in this matter that the true concern is insufficient time for discovery because Answers were due only recently. See, e.g., Doc. 115 at 3. The Court hereby AMENDS its scheduling order, Doc. 58, to extend the deadline for Plaintiffs' discovery to October 24, 2017, the same deadline that Defendants have for completing discovery. The Court does not find any of the arguments for continuing the trial date persuasive, and the Court otherwise DENIES the Motion, Doc. 105. The fact that all Parties appear to be dilatory in responding to discovery will not be grounds for continuing any dates. (Signed by District Judge Henry C. Morgan, Jr. on 9/13/17). Copies provided as directed 9/13/17. (ecav, )
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Blank  Filed: 9/13/2017, Entered: 9/13/2017
Notice of Correction re 122 Answer to Complaint, 123 Answer to Complaint. Leave of Court is required for the filing of Answers 122 & 123. The filing user is to file two (2) separate motions for leave and link each motion back to the appropriate answer. All parties have been notified of this Notice of Correction. (ecav, )
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Legal Document (Payment Possibly Required) 125 Filed: 9/13/2017, Entered: 9/13/2017 Court Filing
OPINION & ORDER entered 9/12/17 and filed 9/13/17 as to Plaintiffs 8A1D3BB III's ("John Pitman's") and Peninsula Plastic Surgery Center ("PPSC's") (collectively, "Plaintiffs'") 93 Motion to Compel, and Defendants C4F4FD5 ("Magedson's") and Xcentric Ventures, LLC's ("Xcentric's") 102 Motion for Protective Order. For the reasons stated in this Opinion and Order, the Court GRANTS the Motion to Compel, Doc. 93, IN PART, compelling production of all non-privileged documents requested by RFP 19 other than those containing sensitive financial information and striking the relevance objection to RFP 20, but otherwise DENIES the Motion to Compel IN PART WITH LEAVE to renew the Motion to Compel regarding this RFP when the punitive damages claim survives a summary judgment motion or the time for summary judgment motions expires. The Court further ORDERS that Defendant Xcentric file any responsive documents containing sensitive financial information or privileged documents IN CAMERA UNDER SEAL for this Court's review of whether it must produce those documents. The Court DENIES the Motion for a Protective Order, Doc. 102. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 9/12/17). Copies provided as directed 9/13/17. (ecav, )
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Legal Document (Payment Possibly Required) 124 Filed: 9/13/2017, Entered: 9/13/2017 Court Filing
ORDER entered 9/12/17 and filed 9/13/17 GRANTING Defendant 179C7A9 88 Motion to Compel, as outlined, as to Interrogatories No. 1, 4, 9, 10, and 11 and RFPs No. 3, 13, and 14 to Plaintiff 8A1D3BB and Interrogatory No. 1 and RFP No. 4 to Plaintiff PPSC and ORDERS that Plaintiffs either produce a privilege log or withdraw objections for their answers to Interrogatories No. 3, 5-8, and 14 and RFPs No. 4-5, 7, and 9-11 to Plaintiff 8A1D3BB and Interrogatories No. 3-7 and RFPs No. 5-6 and 8 to Plaintiff PPSC. The Court also ORDERS that Plaintiffs file any privileged documents IN CAMERA UNDER SEAL for this Court's review of whether Plaintiffs must produce those documents. The Court OVERRULES Plaintiffs' objections to Interrogatories No. 12-13 and RFPs No, 1-2 to Plaintiff 8A1D3BB and Interrogatory No. 8 and RFPs No. 1-3 to Plaintiff PPSC but further ORDERS that Plaintiffs file any further responsive information with the Court IN CAMERA UNDER SEAL for the Court's decision on whether Plaintiffs must produce those materials. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 9/12/17). Copies provided as directed 9/13/17. (ecav, ) Modified on 9/13/2017 to update docket text (ecav, ).
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Legal Document (Payment Possibly Required) 123 Filed: 9/13/2017, Entered: 9/13/2017
Xcentric Ventures, LLC's ANSWER to Complaint by Xcentric Ventures, LLC.(Warrington, David)
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Legal Document (Payment Possibly Required) 122 Filed: 9/13/2017, Entered: 9/13/2017
Edward C4F4FD5 ANSWER to Complaint by C4F4FD5.(Warrington, David)
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Legal Document (Payment Possibly Required) 121 Filed: 9/13/2017, Entered: 9/13/2017
Memorandum in Support re 120 MOTION to Quash filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 120 Filed: 9/13/2017, Entered: 9/13/2017, Terminated: 9/13/2017
MOTION to Quash by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Blank  Filed: None, Entered: None notice of correction
Notice of Correction re [122] Answer to Complaint, [123] Answer to Complaint. Leave of Court is required for the filing of Answers 122 & 123. The filing user is to file two (2) separate motions for leave and link each motion back to the appropriate answer. All parties have been notified of this Notice of Correction. (ecav, )
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Legal Document (Payment Possibly Required) 119 Filed: 9/12/2017, Entered: 9/12/2017
ANSWER to 67 AMENDED Complaint by 02CC36F.(Gitcheva, Louise) Modified on 9/13/2017 to create linkage and to update docket text to reflect that this ANSWER is as to the AMENDED Complaint. (ecav, ).
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Legal Document (Payment Possibly Required) 118 Filed: 9/12/2017, Entered: 9/12/2017
ANSWER to 67 AMENDED Complaint by 179C7A9.(Gitcheva, Louise) Modified on 9/13/2017 to create linkage and to update docket text to reflect that this ANSWER is as to the AMENDED Complaint. (ecav, ).
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Legal Document (Payment Possibly Required) 117 Filed: 9/12/2017, Entered: 9/12/2017
ANSWER to 67 AMENDED Complaint by Bert 8A1D3BB.(Gitcheva, Louise) Modified on 9/13/2017 to create linkage and to update docket text to reflect that this ANSWER is as to the AMENDED Complaint. (ecav, ).
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Legal Document (Payment Possibly Required) 116 Filed: 9/12/2017, Entered: 9/12/2017 Court Filing
ORDER entered 9/11/17 and filed 0/12/17 as to Plaintiffs 8A1D3BB III's ("John Pitman's") and Peninsula Plastic Surgery Center ("PPSC's") (collectively, "Plaintiffs'") 99 MOTION to Compel Responses to Plaintiffs' Requests for Admissions to 179C7A9 and 02CC36F Defendants 179C7A9 and 02CC36F represent that they have withdrawn their objections, see Doc. 108 , but Plaintiffs have not withdrawn the Motion. Accordingly, the Court ORDERS Plaintiffs to file a memorandum explaining what further relief they seek within eleven (11) days of the date of this Order. If Plaintiffs do not respond or withdraw the Motion to Compel by that time, the Court will consider the Motion to Compel, Doc. 99, WITHDRAWN. (Signed by District Judge Henry C. Morgan, Jr. on 9/11/17) Copies provided as directed 9/12/17.(ecav, )
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Legal Document (Payment Possibly Required) 115 Filed: 9/11/2017, Entered: 9/11/2017
RESPONSE in Support re 105 MOTION to Continue Trial filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Houchens, Aaron)
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Legal Document (Payment Possibly Required) 114 Filed: 9/7/2017, Entered: 9/7/2017
Memorandum in Support re 113 MOTION for Extension of time to disclose expert opinions filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 113 Filed: 9/7/2017, Entered: 9/7/2017, Terminated: 9/28/2017
MOTION for Extension of time to disclose expert opinions by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 112 Filed: 9/5/2017, Entered: 9/5/2017
NOTICE of Appearance by Shalin Rakesh Sood on behalf of C4F4FD5, Xcentric Ventures, LLC (Sood, Shalin)
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Legal Document (Payment Possibly Required) 111 Filed: 9/5/2017, Entered: 9/5/2017
Memorandum in Opposition re 105 MOTION to Continue Trial filed by Bert 8A1D3BB, 179C7A9 (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 110 Filed: 9/1/2017, Entered: 9/1/2017
Request for Hearing by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB re 105 MOTION to Continue Trial (Attachments: # 1 Proposed Order)(Scott, Seth)
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Legal Document (Payment Possibly Required) 109 Filed: 8/31/2017, Entered: 8/31/2017
Memorandum in Opposition re 102 MOTION for Protective Order C4F4FD5 and Xcentric Ventures, LLC's Motion for a Protective Order filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 108 Filed: 8/30/2017, Entered: 8/30/2017
Memorandum in Opposition re 99 MOTION to Compel Responses to Plaintiffs' Requests for Admissions to 179C7A9 and 02CC36F filed by 179C7A9 (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 107 Filed: 8/29/2017, Entered: 8/29/2017 Court Filing
OPINION & ORDER entered and filed 8/29/17: This matter is before the Court on two (2) related Motions to Dismiss Plaintiffs 8A1D3BB III's ("John Pitman's") and Peninsula Plastic Surgery Center's ("PPSC's") (collectively,"Plaintiffs'") Complaint: Defendants Xcentric Ventures, LLC's ("Xcentric's") and C4F4FD5 ("Magedson's") (collectively, "Company Defendants'") Motion to Dismiss, Doc. 71, and Defendants Tracey Richter's, 179C7A9, and Bert 8A1D3BB (collectively, "Family Defendants'") Motion to Dismiss, Doc. 73. For the reasons stated in this Opinion & Order, the Court DISMISSES Plaintiff 8A1D3BB from Claim III, retaining that claim solely for Plaintiff PPSC, DISMISSES Counts IV and V, and otherwise DENIES 71 Motion to Dismiss and 73 Motion to Dismiss, as outlined. (See Opinion & Order and Foot Notes for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 8/29/17). Copies provided as directed 8/29/17. (ecav, )
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Legal Document (Payment Possibly Required) 106 Filed: 8/22/2017, Entered: 8/22/2017
Memorandum in Support re 105 MOTION to Continue Trial filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Scott, Seth)
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Legal Document (Payment Possibly Required) 105 Filed: 8/22/2017, Entered: 8/22/2017, Terminated: 9/13/2017
MOTION to Continue Trial by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Scott, Seth)
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Legal Document (Payment Possibly Required) 104 Filed: 8/21/2017, Entered: 8/21/2017
RESPONSE in Support re 93 MOTION to Compel Xcentric filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 103 Filed: 8/17/2017, Entered: 8/17/2017
Memorandum in Support re 102 MOTION for Protective Order C4F4FD5 and Xcentric Ventures, LLC's Motion for a Protective Order filed by C4F4FD5, Xcentric Ventures, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Proposed Order)(Warrington, David)
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Legal Document (Payment Possibly Required) 102 Filed: 8/17/2017, Entered: 8/17/2017, Terminated: 9/13/2017
MOTION for Protective Order C4F4FD5 and Xcentric Ventures, LLC's Motion for a Protective Order by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 101 Filed: 8/17/2017, Entered: 8/17/2017
Memorandum in Opposition re 93 MOTION to Compel Xcentric Xcentric's Opposition to Plaintiffs' Motion to Compel filed by Xcentric Ventures, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Warrington, David)
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Legal Document (Payment Possibly Required) 100 Filed: 8/16/2017, Entered: 8/16/2017
Memorandum in Support re 99 MOTION to Compel Responses to Plaintiffs' Requests for Admissions to 179C7A9 and 02CC36F filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Scott, Seth)
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Legal Document (Payment Possibly Required) 99 Filed: 8/16/2017, Entered: 8/16/2017, Terminated: 9/29/2017
MOTION to Compel Responses to Plaintiffs' Requests for Admissions to 179C7A9 and 02CC36F by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Scott, Seth) Modified on 9/29/2017 to remove the gavel based on the language in ECF Order 116 (ecav, ).
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Legal Document (Payment Possibly Required) 98 Filed: 8/9/2017, Entered: 8/9/2017
REPLY to Response to Motion re 88 MOTION to Compel filed by 179C7A9. (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 97 Filed: 8/4/2017, Entered: 8/4/2017
Clerk's ENTRY OF DEFAULT as to 1FCA75E pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, for failure to file an answer in this action. This default is noted on the Court's docket this date (afar)
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Legal Document (Payment Possibly Required) 96 Filed: 8/4/2017, Entered: 8/4/2017, Terminated: 8/4/2017
Request for Entry of Default as to Defendant 1FCA75E by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Affidavit In Support of Entry of Default)(Scott, Seth)
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Legal Document (Payment Possibly Required) 95 Filed: 8/3/2017, Entered: 8/3/2017 Court Filing
CONSENT ORDER granting 86 Motion to Withdraw as to Attorney David Barnes Holt and Stephen Mark Smith. Signed by District Judge Henry C. Morgan, Jr on 8/1/17. (afar)
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Legal Document (Payment Possibly Required) 94 Filed: 8/3/2017, Entered: 8/3/2017
Memorandum in Support re 93 MOTION to Compel Xcentric filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Scott, Seth)
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Legal Document (Payment Possibly Required) 93 Filed: 8/3/2017, Entered: 8/3/2017, Terminated: 9/13/2017
MOTION to Compel Xcentric by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Scott, Seth)
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Legal Document (Payment Possibly Required) 92 Filed: 8/3/2017, Entered: 8/3/2017
Memorandum in Opposition re 88 MOTION to Compel filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Scott, Seth)
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Legal Document (Payment Possibly Required) 91 Filed: 8/2/2017, Entered: 8/2/2017
Request for Hearing by 179C7A9 re 89 Memorandum in Support, 88 MOTION to Compel (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 90 Filed: 8/2/2017, Entered: 8/2/2017
AFFIDAVIT of Publication filed by 8A1D3BB as to 1FCA75E. Last publication date 7/15/17. (Attachments: # 1 Letter)(afar)
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Legal Document (Payment Possibly Required) 89 Filed: 7/24/2017, Entered: 7/24/2017
Memorandum in Support re 88 MOTION to Compel filed by 179C7A9. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 88 Filed: 7/24/2017, Entered: 7/24/2017, Terminated: 9/13/2017
MOTION to Compel by 179C7A9. (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 87 Filed: 7/24/2017, Entered: 7/24/2017
NOTICE by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB Attorney Change of Contact Information (Scott, Seth)
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Legal Document (Payment Possibly Required) 86 Filed: 7/21/2017, Entered: 7/21/2017, Terminated: 8/3/2017
MOTION to Withdraw as Attorney by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Proposed Order)(Holt, David)
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Legal Document (Payment Possibly Required) 85 Filed: 6/30/2017, Entered: 6/30/2017
Request for Hearing by C4F4FD5, Xcentric Ventures, LLC re 71 MOTION to Dismiss for Failure to State a Claim (Warrington, David)
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Legal Document (Payment Possibly Required) 84 Filed: 6/23/2017, Entered: 6/23/2017
Request for Hearing by Bert 8A1D3BB, 179C7A9re 73 MOTION to Dismiss for Failure to State a Claim (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 83 Filed: 6/22/2017, Entered: 6/22/2017
REPLY to Response to Motion re 73 MOTION to Dismiss for Failure to State a Claim filed by Bert 8A1D3BB, 179C7A9 (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 82 Filed: 6/22/2017, Entered: 6/22/2017
REPLY to Response to Motion re 71 MOTION to Dismiss for Failure to State a Claim filed by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 81 Filed: 6/16/2017, Entered: 6/16/2017
Memorandum in Opposition re 73 MOTION to Dismiss for Failure to State a Claim filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 80 Filed: 6/16/2017, Entered: 6/16/2017
Memorandum in Opposition re 71 MOTION to Dismiss for Failure to State a Claim filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 79 Filed: 6/8/2017, Entered: 6/8/2017 Court Filing
STIPULATED PROTECTIVE ORDER, AGREED, as modified by the court, outlining treatment of confidential information, entered and filed 6/8/17, as to 76 Motion for Protective Order. (Signed by District Judge Henry C. Morgan, Jr. on 6/8/17). Copies provided 6/8/17. (ecav, )
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Legal Document (Payment Possibly Required) 78 Filed: 6/8/2017, Entered: 6/8/2017 Court Filing
ORDER OF PUBLICATION, entered and filed 6/8/17, as outlined. This Order shall be published once a week for four consecutive weeks in the Orange County Register and posted at the front door of the United States Courthouse as directed in this Court's Order on the Motion for Leave to Effect Service of Process on 1FCA75E ("Meade") by Order of Publication, Doc. 69. (See Order of Publication for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 6/8/17). Copies provided 6/8/17.(ecav, )
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Legal Document (Payment Possibly Required) 77 Filed: 6/8/2017, Entered: 6/8/2017 Court Filing
OPINION AND ORDER entered and filed 6/8/17 GRANTING Plaintiffs 8A1D3BB III's ("John Pitman's") and Peninsula Plastic Surgery Center's ("PPSC's") (collectively, "Plaintiffs'") 69 Motion for Leave to Effect Service of Process on 1FCA75E ("Meade") by Order of Publication ("Motion"). Plaintiff represents that the served Defendants do not oppose this Motion. Id. For the reasons stated herein, the Court GRANTS the Motion, as outlined. The Court ORDERS Plaintiffs to send the following Order of Publication to Orange County Register in compliance with Va. Code Ann.§ 8.01-317. Despite the statute's direction to state court clerks, the clerk of this Court does not publish Orders in newspapers on a plaintiff's behalf. Plaintiffs shall comply with the requirements for timely submitting the Publication Order to the designated newspaper and shall file a certificate of compliance with that procedure in accordance with Va. Code Ann. 8.01-317(2017). The Clerk is DIRECTED to post a copy of the following Order of Publication at the front door of the courthouse. The Court ORDERS Plaintiffs to mail a copy of the Order of Publication to the last known post office address of Defendant 1FCA75E. Because Plaintiffs represent that Defendant 1FCA75E has been responsive to e-mail, the Court further ORDERS Plaintiffs to send a copy of the Order of Publication to the e-mail address that Defendant 1FCA75E has used to correspond with their counsel. Defendant 1FCA75E is ORDERED to appear before the Court to protect his interests by July 28, 2017. (See Opinion and Order and Foot Note for specifics) (Signed by District Judge Henry C. Morgan, Jr. on 6/8/17). Copies provided as directed 6/8/17. (ecav, )
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Legal Document (Payment Possibly Required) 76 Filed: 6/7/2017, Entered: 6/7/2017, Terminated: 6/8/2017
MOTION for Protective Order by Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order Stipulated Protective Order)(Warrington, David)
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Blank  Filed: 6/6/2017, Entered: 6/6/2017
Notice of Correction re 75 MOTION for Protective Order Stipulated Protective Order. Doc. 75 is not a motion and is actually the proposed Protective Order. The filing user is now required to refile Doc. 75 that is a motion and is titled as such and then attach the proposed protective order to the motion, once refiled. Proposed Orders are never to be filed as separate documents. These always have to be attachments to the actual pleadings being filed. The docket text states Doc. 75 is a motion when it is not, due to the fact that there is not an ECF event for proposed orders because these, again, are not to be filed as pleadings. All parties have been notified of this Notice of Correction. (ecav, )
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Blank  Filed: None, Entered: None notice of correction
Notice of Correction re [75] MOTION for Protective Order Stipulated Protective Order. Doc. 75 is not a motion and is actually the proposed Protective Order. The filing user is now required to refile Doc. 75 that is a motion and is titled as such and then attach the proposed protective order to the motion, once refiled. Proposed Orders are never to be filed as separate documents. These always have to be attachments to the actual pleadings being filed. The docket text states Doc. 75 is a motion when it is not, due to the fact that there is not an ECF event for proposed orders because these, again, are not to be filed as pleadings. All parties have been notified of this Notice of Correction. (ecav, )
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Legal Document (Payment Possibly Required) 75 Filed: 6/5/2017, Entered: 6/5/2017, Terminated: 6/7/2017
MOTION for Protective Order Stipulated Protective Order by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 74 Filed: 6/2/2017, Entered: 6/2/2017
Brief in Support to 73 MOTION to Dismiss for Failure to State a Claim filed by Bert 8A1D3BB, 179C7A9 (Binnall, Jesse)
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Legal Document (Payment Possibly Required) 73 Filed: 6/2/2017, Entered: 6/2/2017, Terminated: 8/29/2017
MOTION to Dismiss for Failure to State a Claim by Bert 8A1D3BB, 179C7A9 (Binnall, Jesse)
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Legal Document (Payment Possibly Required) 72 Filed: 6/2/2017, Entered: 6/2/2017
Memorandum in Support re 71 MOTION to Dismiss for Failure to State a Claim filed by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 71 Filed: 6/2/2017, Entered: 6/2/2017, Terminated: 8/29/2017
MOTION to Dismiss for Failure to State a Claim by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 70 Filed: 5/31/2017, Entered: 5/31/2017
Memorandum in Support re 69 MOTION for Service by Publication filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit A (affidavit), # 2 Exhibit B (proposed order), # 3 Exhibit C (proposed certificate))(Houchens, Aaron)
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Legal Document (Payment Possibly Required) 69 Filed: 5/31/2017, Entered: 5/31/2017, Terminated: 6/8/2017
MOTION for Service by Publication by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 68 Filed: 5/22/2017, Entered: 5/23/2017 Court Filing
OPINION & ORDER entered and filed 5/22/17: This matter is before the Court on five (5) related Motions to Dismiss Plaintiffs 8A1D3BB III's ("John Pitman's") and Peninsula Plastic Surgery Center's ("PPSC's") (collectively, "Plaintiffs') Complaint. Two Motions address personal jurisdiction: Defendants Xcentric Ventures, LLC's ("Xcentric's") and C4F4FD5 ("Magedson's") Motion to Dismiss for Lack of Jurisdiction, Doc. 37 ("Xcentric/Magedson Jurisdiction Motion"); and Defendant 02CC36F Motion to Dismiss for Lack of Jurisdiction, No. 4:17cvl2 (hereinafter "Pitman II"), Doc. 10 (02CC36F Jurisdiction Motion"). Three Motions address failure to state a claim: Defendants Xcentric's and C4F4FD5 Motion to Dismiss for Failure to State a Claim, Doc. 39 ("Xcentric/Magedson Claim Motion"); Defendant 02CC36F Motion to Dismiss for Failure to State a Claim, 8A1D3BB II, Doc. 11 (02CC36F Claim Motion"); and Defendants 179C7A9 and Bert 8A1D3BB Motion to Dismiss for Failure to State a Claim, Doc. 59 (179C7A9 and Bert 8A1D3BB Claim Motion"). For the reasons stated in this Opinion & Order, the Court ORDERS as follows: The Court CONSTRUES the Xcentric/Magedson Jurisdiction (37) Motion as a Motion under Rule 12(i) for purposes of Defendant Xcentric; The Court DENIES the two jurisdiction Motions: Doc. 37 and 8A1D3BB II, Doc. 10. The Court CONSTRUES the Xcentric/Magedson Claim Motion, Doc. 39, as a Motion under Rule 12(c) for purposes of Defendant Xcentric. The Court GRANTS the three Claim Motions: Doc. 39; 8A1D3BB II, Doc. 11; and Doc. 59, as a result DISMISSING Plaintiffs' Complaint. The Court also DENIES AS MOOT the remaining Motions in the consolidated docket, 8A1D3BB II, Docs. 5, 7, because they were copies of Motions addressed herein. The Court GRANTS Plaintiffs LEAVE TO AMEND within eleven (11) days of the date of the hearing on these Motions, with a deadline of May 22, 2017. Defendants shall file their responses to the Amended Complaint within eleven (11) days of service. (See Opinion & Order and Foot Notes for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 5/22/17). Copies provided as directed 5/23/17. Associated Cases: 4:16-cv-00179-HCM-DEM, 4:17-cv-00012-HCM-DEM(ecav, )
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Legal Document (Payment Possibly Required) 67 Filed: 5/22/2017, Entered: 5/22/2017
AMENDED COMPLAINT against All Defendants, filed by 8A1D3BB, Peninsula Plastic Surgery Center, Ltd.(Houchens, Aaron)
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Legal Document (Payment Possibly Required) 66 Filed: 5/22/2017, Entered: 5/22/2017 Court Filing
TRANSCRIPT of proceedings held on 5-11-2017, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/21/2017. Redacted Transcript Deadline set for 7/24/2017. Release of Transcript Restriction set for 8/21/2017.(stewart, jody)
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Legal Document (Payment Possibly Required) 65 Filed: 5/11/2017, Entered: 5/11/2017 Court Filing
Motion Hearing before District Judge Henry C. Morgan, Jr. held on 5/11/2017 re 37 C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction; 39 C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim; 59 Motion to Dismiss for Failure to State a Claim by Bert 8A1D3BB, 179C7A9; Order to Show Cause re service on 1FCA75E and from case 4:17cv12: 10 Motion to Dismiss for Lack of Jurisdiction by 02CC36F; 11 Motion to Dismiss for Failure to State a Claim by 02CC36F. Appearances: Aaron B. Houchens, David B. Holt and Seth D. Scott for the Plaintiffs. David A. Warrington, Jesse R. Binnall and Louise T. Gitcheva for the Defendants. Arguments of counsel. Comments of Court. The Court FINDS that there is personal jurisdiction and DENIES motion 37 and DENIES motion 10 from 4:17cv12. The Court SUSTAINS the remaining Motions to Dismiss and will allow the Plaintiff to amend the complaint within 11 days. The defendant shall have 11 days from the filing within which to respond. Plaintiff, despite hiring three private investigators, has been unable to locate 1FCA75E. Plaintiff will file a motion seeking alternative means to serve 1FCA75E. The Court will publish an order setting forth its ruling in more specificity. Court adjourned. (Court Reporter Jody Stewart, OCR.)(lbax, ) Modified on 5/12/2017 re 4:17cv12 (lbax, ). (Main Document 65 replaced on 5/12/2017) (lbax, ).
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Legal Document (Payment Possibly Required) 64 Filed: 5/3/2017, Entered: 5/3/2017 Court Filing
ORDER entered and filed 5/3/17: It appears to the Court that the Complaint has not been served on Defendant 1FCA75E within ninety (90) days of the filing of the Complaint, nor has the summons that this Court issued after removal (Doc. 17) been served on Defendant 1FCA75E within ninety (90) days of its issuance. Accordingly, it is hereby ORDERED that at the hearing previously scheduled for May 11,2017 at 11:00 AM on pending motions to dismiss, the plaintiff also show cause, if any, why the civil action against Defendant 1FCA75E should not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. (Signed by District Judge Henry C. Morgan, Jr. on 5/3/17). Show Cause Hearing set for 5/11/2017 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr. (ecav, )
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Legal Document (Payment Possibly Required) 63 Filed: 5/3/2017, Entered: 5/3/2017
NOTICE by 02CC36F re 53 Reply,, (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 62 Filed: 4/19/2017, Entered: 4/19/2017
Reply to 59 MOTION to Dismiss for Failure to State a Claim , 60 Memorandum in Support filed by Bert 8A1D3BB, 179C7A9. (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 61 Filed: 4/13/2017, Entered: 4/13/2017
Memorandum in Opposition re 59 MOTION to Dismiss for Failure to State a Claim filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Holt, David)
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Legal Document (Payment Possibly Required) 60 Filed: 3/31/2017, Entered: 3/31/2017
Memorandum in Support re 59 MOTION to Dismiss for Failure to State a Claim filed by Bert 8A1D3BB, 179C7A9. (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 59 Filed: 3/31/2017, Entered: 3/31/2017, Terminated: 5/22/2017
MOTION to Dismiss for Failure to State a Claim by Bert 8A1D3BB, 179C7A9. (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 58 Filed: 3/22/2017, Entered: 3/23/2017 Court Filing
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference is set for 11/20/2017 at 02:30 PM in Norfolk Courtroom 2 and the Jury Trial is set for 12/5/2017 at 10:00 AM in Newport News Courtroom 1 before District Judge Henry C. Morgan Jr.. Signed by District Judge Henry C. Morgan, Jr. on 3/22/17 and filed 3/22/17. (lbax, )
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Legal Document (Payment Possibly Required) 57 Filed: 3/22/2017, Entered: 3/22/2017 Court Filing
OPINION & ORDER, entered and filed 3/22/17, GRANTING 28 Motion to Set Aside Default; rendering the 46 Motion for Leave to File a Reply Brief MOOT. The Court also DENIES the 42 Second Motion to Remand, rendering the 7 First Motion to Remand, and related 10 Motion to Strike Affidavit, MOOT. The Court further GRANTS the 30 Consent Motion for Extension, to the extent necessary to DEEM Defendant 02CC36F motions from 8A1D3BB II (8A1D3BB II, Docs. 10-13), as well as the associated opposition and reply briefs (Docs. 48, 53), as timely filed in this case (No. 4:16cv179). (See Opinion & Order and Foot Notes for Specifics) Signed by District Judge Henry C. Morgan, Jr. on 3/22/17). Copies provided as directed 3/22/17. (ecav, )
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Blank  Filed: 3/22/2017, Entered: 3/22/2017
Motion Hearing as to 39 MOTION to Dismiss for Failure to State a Claim C4F4FD5 and Xcentric Ventures, LLC's, 37 MOTION to Dismiss for Lack of Jurisdiction C4F4FD5 and Xcentric Ventures, LLC's and any other Motions to Dismiss that are fully briefed set for 5/11/2017 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Blank  Filed: None, Entered: None set motion and R&R deadlines/hearings
Motion Hearing as to [39] MOTION to Dismiss for Failure to State a Claim Edward Magedson and Xcentric Ventures, LLC's, [37] MOTION to Dismiss for Lack of Jurisdiction Edward Magedson and Xcentric Ventures, LLC's and any other Motions to Dismiss that are fully briefed set for 5/11/2017 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Legal Document (Payment Possibly Required) 56 Filed: 3/21/2017, Entered: 3/21/2017 Court Filing
MOTIONS HEARING held before District Judge Henry C. Morgan, Jr: Rebecca Braley, Contract Reporter. Aaron Houchens, Seth Scott, and David Holt present on behalf of plaintiffs. David Warrington, Jesse Binnall, and Louise Gitcheva present on behalf of defendants. Motion Hearing held on 3/21/2017 re 42 Second MOTION to Remand to State Court filed by 8A1D3BB, Peninsula Plastic Surgery Center, Ltd, 7 MOTION to Remand to State Court filed by 8A1D3BB, Peninsula Plastic Surgery Center, Ltd, 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings filed by 179C7A9, Bert 8A1D3BB, 10 MOTION to Strike Affidavit of of C4F4FD5 filed by 8A1D3BB, Peninsula Plastic Surgery Center, Ltd, 46 MOTION for Extension of Time to File Response/Reply as to 45 Reply to Response to Motion filed by 179C7A9, Bert 8A1D3BB, 30 MOTION for Extension Time to File Responsive Pleadings filed by 02CC36F. Arguments of counsel heard. The court sets aside the default re 179C7A9 and Bert 8A1D3BB, and will allow these two defendants additional time to file responsive pleadings. Defendants 179C7A9 and Bert 8A1D3BB shall file their responsive pleadings within 11 days of today. The court finds that defendant Edward Magedsons Notice of Removal is properly filed. The court denies the Second Motion to Remand (doc. No. 42). Further, the court directs that a Rule 16b Conference be held and that a hearing on the pending Motions to Dismiss be set. Court to prepare order. (sche)
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Blank  Filed: None, Entered: None Scheduling Conference - Rule 16b
Rule 16b Scheduling Conference held on 3/21/2017. Aaron Houchens, Seth Scott and David Holt appeared for the Plaintiffs. David Warrington, Jesse Binnall, and Louse Gitcheva appeared for the Defendants. (lbax, )
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Legal Document (Payment Possibly Required) 55 Filed: 3/20/2017, Entered: 3/20/2017
REPLY to Response to Motion re 37 MOTION to Dismiss for Lack of Jurisdiction C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction filed by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 54 Filed: 3/20/2017, Entered: 3/20/2017
REPLY to Response to Motion re 39 MOTION to Dismiss for Failure to State a Claim C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim filed by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 53 Filed: 3/20/2017, Entered: 3/20/2017
Reply filed by 02CC36F to 48 Opposition (filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB.) to Motions to Dismiss ECF 10, 11, 12 that were filed in MEMBER CASE 4:17cv00012, in Support of Motions to Dismiss, as to filed by 02CC36F. (Attachments: # 1 Affidavit, # 2 Affidavit)(Gitcheva, Louise) Modified on 3/21/2017 to update docket text as to Doc. 53, which is in reply to three (3) motions filed in the member case. The clerk will regenerate a NEF to all parties as notification of this updated docket text (ecav, ).
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Legal Document (Payment Possibly Required) 52 Filed: 3/17/2017, Entered: 3/17/2017
Memorandum in Opposition re 42 Second MOTION to Remand to State Court filed by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 51 Filed: 3/16/2017, Entered: 3/16/2017
Memorandum in Opposition re 42 Second MOTION to Remand to State Court filed by Bert 8A1D3BB, 179C7A9. (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 50 Filed: 3/15/2017, Entered: 3/15/2017
Memorandum in Opposition re 46 MOTION for Extension of Time to File Response/Reply as to 45 Reply to Response to Motion filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 49 Filed: 3/14/2017, Entered: 3/14/2017
Memorandum in Opposition re 39 MOTION to Dismiss for Failure to State a Claim C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 48 Filed: 3/14/2017, Entered: 3/14/2017
Opposition to Motions to Dismiss filed by Defendant 02CC36F as to MEMBER CASE 4:17cv00012 filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron) Modified on 3/15/2017 to update docket text as to Doc. 48 being in opposition to Motions 10, 11 and 12 that were previously filed in the member case and not in this lead case. The clerk will regenerate a NEF to all parties as notification of this updated docket text (ecav, ).
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Legal Document (Payment Possibly Required) 47 Filed: 3/14/2017, Entered: 3/14/2017
Memorandum in Opposition re 37 MOTION to Dismiss for Lack of Jurisdiction C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 46 Filed: 3/13/2017, Entered: 3/13/2017, Terminated: 3/22/2017
MOTION for Extension of Time to File Response/Reply as to 45 Reply to Response to Motion by Bert 8A1D3BB, 179C7A9. (Gitcheva, Louise)
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Blank  Filed: 3/13/2017, Entered: 3/13/2017
Notice of Correction re 45 Reply to Response to Motion. Leave of Court is needed as to the filing of Doc. 45. The filing user is required to file a motion for leave of court as to Doc. 45. All parties have been notified of this Notice of Correction. (ecav, )
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Legal Document (Payment Possibly Required) 45 Filed: 3/13/2017, Entered: 3/13/2017
REPLY to Response to Motion re 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings filed by Bert 8A1D3BB, 179C7A9. (Gitcheva, Louise)
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Blank  Filed: None, Entered: None notice of correction
Notice of Correction re [45] Reply to Response to Motion. Leave of Court is needed as to the filing of Doc. 45. The filing user is required to file a motion for leave of court as to Doc. 45. All parties have been notified of this Notice of Correction. (ecav, )
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Legal Document (Payment Possibly Required) 44 Filed: 3/4/2017, Entered: 3/4/2017
Financial Interest Disclosure Statement (Local Rule 7.1) by Peninsula Plastic Surgery Center, Ltd. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 43 Filed: 3/4/2017, Entered: 3/4/2017
Brief in Support to 42 Second MOTION to Remand to State Court filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 42 Filed: 3/4/2017, Entered: 3/4/2017, Terminated: 3/22/2017
Second MOTION to Remand to State Court by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 41 Filed: 3/2/2017, Entered: 3/3/2017 Court Filing
ORDER entered and filed 3/2/17: Pursuant to Federal Rule of Civil Procedure 42(a), the Court hereby consolidates the above-captioned cases with Civil Action No. 4:16cvl79 as they involve similar allegations and common questions of law and fact. The Clerk of Court is hereby ORDERED to consolidate case number 4:17cvl2 with Civil Action No. 4:16cvl79 as the lead case for the purpose of allproceedings. (Signed by District Judge Henry C. Morgan, Jr. on 3/2/17). Copies provided as directed 3/3/17.(ecav, )
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Blank  Filed: 3/2/2017, Entered: 3/3/2017
Motion Hearing as to 7 MOTION to Remand to State Court, 30 MOTION for Extension Time to File Responsive Pleadings, 10 MOTION to Strike Affidavit of of C4F4FD5, 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings set for 3/21/2017 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Blank  Filed: None, Entered: None set motion and R&R deadlines/hearings
Motion Hearing as to [7] MOTION to Remand to State Court, [30] MOTION for Extension Time to File Responsive Pleadings, [10] MOTION to Strike Affidavit of of Edward Magedson, [28] MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings set for 3/21/2017 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Blank  Filed: None, Entered: None Set Motion and R&R Deadlines/Hearings
Motion Hearing as to [7] MOTION to Remand to State Court, [30] MOTION for Extension Time to File Responsive Pleadings, [10] MOTION to Strike Affidavit of of Edward Magedson, [28] MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings set for 3/21/2017 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, )
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Legal Document (Payment Possibly Required) 40 Filed: 2/28/2017, Entered: 2/28/2017
Memorandum in Support re 39 MOTION to Dismiss for Failure to State a Claim C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim filed by C4F4FD5, Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David)
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Legal Document (Payment Possibly Required) 39 Filed: 2/28/2017, Entered: 2/28/2017, Terminated: 5/22/2017
MOTION to Dismiss for Failure to State a Claim C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 38 Filed: 2/28/2017, Entered: 2/28/2017
Memorandum in Support re 37 MOTION to Dismiss for Lack of Jurisdiction C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction filed by C4F4FD5, Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David)
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Legal Document (Payment Possibly Required) 37 Filed: 2/28/2017, Entered: 2/28/2017, Terminated: 5/22/2017
MOTION to Dismiss for Lack of Jurisdiction C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 36 Filed: 2/21/2017, Entered: 2/21/2017
Memorandum in Opposition re 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Houchens, Aaron)
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Legal Document (Payment Possibly Required) 35 Filed: 2/21/2017, Entered: 2/21/2017
STATUS REPORT Defendants C4F4FD5, Xcentric Ventures, LLC, Bert 8A1D3BB, 179C7A9 and 02CC36F Joint Status Report by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 34 Filed: 2/20/2017, Entered: 2/20/2017
STATUS REPORT by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit A)(Houchens, Aaron)
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Legal Document (Payment Possibly Required) 33 Filed: 2/16/2017, Entered: 2/16/2017
NOTICE by 02CC36F re 31 Memorandum in Support, 30 MOTION for Extension Time to File Responsive Pleadings (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 32 Filed: 2/16/2017, Entered: 2/16/2017
Request for Hearing by Bert 8A1D3BB, 179C7A9 re 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings, 29 Brief in Support (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 31 Filed: 2/16/2017, Entered: 2/16/2017
Memorandum in Support re 30 MOTION for Extension Time to File Responsive Pleadings filed by 02CC36F. (Attachments: # 1 Exhibit, # 2 Exhibit)(Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 30 Filed: 2/16/2017, Entered: 2/16/2017, Terminated: 3/22/2017
MOTION for Extension Time to File Responsive Pleadings by 02CC36F. (Attachments: # 1 Order)(Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 29 Filed: 2/8/2017, Entered: 2/8/2017
Brief in Support to 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings filed by Bert 8A1D3BB, 179C7A9. (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 28 Filed: 2/8/2017, Entered: 2/8/2017, Terminated: 3/22/2017
MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings by Bert 8A1D3BB, 179C7A9. (Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 27 Filed: 2/7/2017, Entered: 2/7/2017
NOTICE of Appearance by Louise Tavey Gitcheva on behalf of Bert 8A1D3BB, 179C7A9(Gitcheva, Louise)
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Legal Document (Payment Possibly Required) 26 Filed: 2/7/2017, Entered: 2/7/2017
NOTICE of Appearance by Jesse R. Binnall on behalf of Bert 8A1D3BB, 179C7A9(Binnall, Jesse)
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Legal Document (Payment Possibly Required) 25 Filed: 2/7/2017, Entered: 2/7/2017
Clerk's ENTRY OF DEFAULT as to Bert 8A1D3BB, 179C7A9, as requested by Plaintiffs Peninsula Plastic Surgery Center, Ltd. and 8A1D3BB 24 Request for Entry of Default. (ecav, )
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Legal Document (Payment Possibly Required) 24 Filed: 2/7/2017, Entered: 2/7/2017, Terminated: 2/7/2017
Request for Entry of Default as to Defendants 179C7A9 and Bert 8A1D3BB by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Affidavit In Support of Entry of Default)(Houchens, Aaron)
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Blank  Filed: 2/6/2017, Entered: 2/6/2017
CLERK'S NOTICE TO COUNSEL: Responsive pleadings to the Complaint (from State Court - Notice of Removal filed in USDC/ED/VA) have not been filed by Defendants 1FCA75E, 02CC36F, Bert 8A1D3BB a/k/a Bert 02CC36F or 179C7A9. Counsel is requested to file a status report within fifteen (15) days from the date of this notice. The status report should be in the form of a pleading that conforms to ECF Policies and Procedures.A party seeking reasonable extension of time to respond to the complaint must obtain court approval by filing an appropriate motion with a proposed order. If a party is in default, plaintiff's counsel may file a request for entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. The request for entry of default should be in the form of a pleading which conforms to ECF Policies and Procedures. (ecav, )
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Blank  Filed: None, Entered: None Notice
CLERK'S NOTICE TO COUNSEL: Responsive pleadings to the Complaint (from State Court - Notice of Removal filed in USDC/ED/VA) have not been filed by Defendants Darren M. Meade, Tracey A. Richter, Anna Richter, Bert Pitman a/k/a Bert Richter. Counsel is requested to file a status report within fifteen (15) days from the date of this notice. The status report should be in the form of a pleading that conforms to ECF Policies and Procedures.A party seeking reasonable extension of time to respond to the complaint must obtain court approval by filing an appropriate motion with a proposed order. If a party is in default, plaintiff's counsel may file a request for entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. The request for entry of default should be in the form of a pleading which conforms to ECF Policies and Procedures. (ecav, )
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Legal Document (Payment Possibly Required) 23 Filed: 1/12/2017, Entered: 1/12/2017
WAIVER OF SERVICE Returned Executed by 8A1D3BB, Peninsula Plastic Surgery Center, Ltd. as to C4F4FD5 waiver sent on 12/30/2016.
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Legal Document (Payment Possibly Required) 22 Filed: 1/8/2017, Entered: 1/8/2017
Reply Memorandum in Support re 7 MOTION to Remand to State Court , 10 MOTION to Strike Affidavit of of C4F4FD5 filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Proposed Order Order to Remand)(Houchens, Aaron)
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Legal Document (Payment Possibly Required) 21 Filed: 1/5/2017, Entered: 1/5/2017 Court Filing
ORDER, AGREED,OF SUBSTITUTION, entered and filed 1/5/17 GRANTING Defendant XCentric's 18 Motion for Substitution. It is ORDERED, ADJUDGED and DECREED that: (1) XCentric's Motion for Substitution is granted; (2) David A. Warrington, Esquire and the law firm of LeClairRyan, a Professional Corporation are hereby substituted in the place of H. Jonathan Redway, Esquire, Nicole M. Meyer, Esquire and the law firm of Dickinson Wright PLLC as counsel for XCentric in this matter; and (3) H. Jonathan Redway, Esquire, Nicole M. Meyer, Esquire and the law firm of Dickinson Wright PLLC are granted leave to withdraw as counsel from this matter. (Signed by District Judge Henry C. Morgan, Jr. on 1/5/17). Copies provided 1/5/17. (Attorney Nicole Michelle Meyer and Henrik Jonathan Redway terminated). (ecav, )
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Blank  Filed: 1/5/2017, Entered: 1/5/2017
Notice of Correction re 20 Response to Motion. The filing user is again reminded of the clerk's previous Notices of Correction dated 12/29/16 and 12/30/16 regarding filing documents when counsel has not been approved to be substituted into this case. The filing user filed a Notice of Appearance 19 on 1/3/17. This filing will remain on the docket sheet; however, Doc. 20 is not being considered at this time due to the fact that Doc. 20 has been filed by a filing user who has not been granted permission to represent any party in this case. Motion 18 to Substitute Attorney, re-filed by the proper counsel after the clerk's Notice of Correction dated 12/30/16, is before the Court and has not been ruled upon; therefore, the filing user of Doc. 20 is admonished not to file any further documents until Motion 18 has been ruled upon. As stated in the previous Notices of Correction, the clerk is removing the filing user's name from the docket sheet as counsel of record for Defendant Xcentric Ventures, LLC. Once Motion 18 is ruled upon, the filing user of Doc. 20 will be added as counsel of record if the clerk is directed to do so. All parties have been notified of this Notice of Correction. (ecav, )
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Blank  Filed: None, Entered: None Notice of Correction
Notice of Correction re [20] Response to Motion. The filing user is again reminded of the clerk's previous Notices of Correction dated 12/29/16 and 12/30/16 regarding filing documents when counsel has not been approved to be substituted into this case. The filing user filed a Notice of Appearance [19] on 1/3/17. This filing will remain on the docket sheet; however, Doc. [20] is not being considered at this time due to the fact that Doc. [20] has been filed by a filing user who has not been granted permission to represent any party in this case. Motion [18] to Substitute Attorney, re-filed by the proper counsel after the clerk's Notice of Correction dated 12/30/16, is before the Court and has not been ruled upon; therefore, the filing user of Doc. [20] is admonished not to file any further documents until Motion [18] has been ruled upon. As stated in the previous Notices of Correction, the clerk is removing the filing user's name from the docket sheet as counsel of record for Defendant Xcentric Ventures, LLC. Once Motion [18] is ruled upon, the filing user of Doc. [20] will be added as counsel of record if the clerk is directed to do so. All parties have been notified of this Notice of Correction. (ecav, )
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Legal Document (Payment Possibly Required) 20 Filed: 1/3/2017, Entered: 1/3/2017
RESPONSE to Motion re 7 MOTION to Remand to State Court , 10 MOTION to Strike Affidavit of of C4F4FD5 filed by Xcentric Ventures, LLC. (Warrington, David)
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Legal Document (Payment Possibly Required) 19 Filed: 1/3/2017, Entered: 1/3/2017
NOTICE of Appearance by David Alan Warrington on behalf of Xcentric Ventures, LLC (Warrington, David)
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Legal Document (Payment Possibly Required) 18 Filed: 1/3/2017, Entered: 1/3/2017, Terminated: 1/5/2017
MOTION to Substitute Attorney by Xcentric Ventures, LLC. (Attachments: # 1 Agreed Order of Substitution)(Redway, Henrik)
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Legal Document (Payment Possibly Required) 17 Filed: 12/30/2016, Entered: 12/30/2016
Summons Issued as to 1FCA75E. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Civil Motions Procedures)(epri)
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Blank  Filed: 12/30/2016, Entered: 12/30/2016
Notice of Correction re 16 MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Remand to State Court , 10 MOTION to Strike Affidavit of of C4F4FD5 . Doc. 16 has been filed by counsel who has not been granted approval by the court to come into the case at this time. Counsel who filed Doc. 16 is reminded of the clerk's previous Notice of Correction posted on 12/29/16 (as to Doc. 15). The clerk is removing Doc. 16 from the docket sheet. All parties have been notified of this Notice of Correction. (ecav, )
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Blank  Filed: None, Entered: None Notice of Correction
Notice of Correction re [16] MOTION for Extension of Time to File Response/Reply as to [7] MOTION to Remand to State Court , [10] MOTION to Strike Affidavit of of Edward Magedson . Doc. 16 has been filed by counsel who has not been granted approval by the court to come into the case at this time. Counsel who filed Doc. 16 is reminded of the clerk's previous Notice of Correction posted on 12/29/16 (as to Doc. 15). The clerk is removing Doc. 16 from the docket sheet. All parties have been notified of this Notice of Correction. (ecav, )
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Blank 16 Filed: 12/29/2016, Entered: 12/29/2016, Terminated: 12/30/2016
MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Remand to State Court , 10 MOTION to Strike Affidavit of of C4F4FD5 by Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David)
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Blank  Filed: 12/29/2016, Entered: 12/29/2016
Notice of Correction re 15 Consent MOTION to Substitute Attorney . Counsel who have already appeared in the case and who are asking to come out of the case have to file a Motion to Substitute and not the substituting counsel who is requesting to come into the case. Doc. 15 must be refiled by Counsel Redway and Meyer who currently represent Defendant Xcentric Ventures, LLC. The proposed order is to have the same signatures on it, listing the filing user's 9-element signature block first, and then listing the Plaintiffs' counsel signature block(s). The clerk will proceed to remove Doc. 15 once same is refiled as required. All filing users have been notified of this Notice of Correction. (ecav, )
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Blank 15 Filed: 12/29/2016, Entered: 12/29/2016, Terminated: 12/29/2016
Consent MOTION to Substitute Attorney by Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David)
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Blank  Filed: None, Entered: None Notice of Correction
Notice of Correction re [15] Consent MOTION to Substitute Attorney . Counsel who have already appeared in the case and who are asking to come out of the case have to file a Motion to Substitute and not the substituting counsel who is requesting to come into the case. Doc. 15 must be refiled by Counsel Redway and Meyer who currently represent Defendant Xcentric Ventures, LLC. The proposed order is to have the same signatures on it, listing the filing user's 9-element signature block first, and then listing the Plaintiffs' counsel signature block(s). The clerk will proceed to remove Doc. [15] once same is refiled as required. All filing users have been notified of this Notice of Correction. (ecav, )
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Legal Document (Payment Possibly Required) 14 Filed: 12/28/2016, Entered: 12/28/2016
Proposed Summons for 1FCA75E by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 13 Filed: 12/27/2016, Entered: 12/27/2016
STATUS REPORT by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Houchens, Aaron)
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Legal Document (Payment Possibly Required) 12 Filed: 12/22/2016, Entered: 12/22/2016
NOTICE of Appearance by David Barnes Holt on behalf of Peninsula Plastic Surgery Center, Ltd, 8A1D3BB (Holt, David)
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Legal Document (Payment Possibly Required) 11 Filed: 12/19/2016, Entered: 12/19/2016
Memorandum in Support re 10 MOTION to Strike Affidavit of of C4F4FD5 filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 10 Filed: 12/19/2016, Entered: 12/19/2016, Terminated: 3/22/2017
MOTION to Strike Affidavit of of C4F4FD5 by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 9 Filed: 12/19/2016, Entered: 12/19/2016
Financial Interest Disclosure Statement (Local Rule 7.1) by Peninsula Plastic Surgery Center, Ltd. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 8 Filed: 12/19/2016, Entered: 12/19/2016
Memorandum in Support re 7 MOTION to Remand to State Court filed by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 7 Filed: 12/19/2016, Entered: 12/19/2016, Terminated: 3/22/2017
MOTION to Remand to State Court by Peninsula Plastic Surgery Center, Ltd, 8A1D3BB. (Houchens, Aaron)
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Legal Document (Payment Possibly Required) 6 Filed: 12/19/2016, Entered: 12/19/2016
NOTICE by Xcentric Ventures, LLC re 1 Notice of Removal, Filing Receipt from the Williamsburg/James City County Circuit Court (Redway, Henrik)
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Legal Document (Payment Possibly Required) 5 Filed: 12/15/2016, Entered: 12/15/2016
ANSWER to Complaint by Xcentric Ventures, LLC.(Redway, Henrik) Modified on 12/15/2016 to remove the word "Amended" from the docket text as discussed with the filing user. Doc. 5 replaces the original answer filed - Doc. 4 - per the clerk's Notice of Correction (see above) concerning the party names and the Certificate of Service. The refiled Answer is the exact same as far as content, as advised by the filing user. The clerk is removing Doc. 4 from the docket sheet now that the answer (correcting parties and certificate of service) has been electronically filed. (ecav)
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Blank  Filed: 12/15/2016, Entered: 12/15/2016
Notice of Correction re 4 Answer to Complaint. The Answer to Complaint filed by Defendant Xcentric Ventures, LLC, does not contain the proper style of the case on the front page. The filing user is required to refile Doc. 4 with the proper style of the case (the proper style is what is listed on the docket sheet and also what is contained on the Complaint filed in the State Court (Notice of Removal)). Additionally, the Certificate of Service on Doc. 4 is not proper in that it does not contain the 9-element signature block. As far as the Certificate of Service on this particular filing, the filing user does not need to do anything further. All future filings must contain the 9-element signature block as outlined in the ED/VA ECF Policies and Procedures. (ecav, )
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Blank  Filed: None, Entered: None notice of correction
Notice of Correction re [4] Answer to Complaint. The Answer to Complaint filed by Defendant Xcentric Ventures, LLC, does not contain the proper style of the case on the front page. The filing user is required to refile Doc. [4] with the proper style of the case (the proper style is what is listed on the docket sheet and also what is contained on the Complaint filed in the State Court (Notice of Removal)). Additionally, the Certificate of Service on Doc. [4] is not proper in that it does not contain the 9-element signature block. As far as the Certificate of Service on this particular filing, the filing user does not need to do anything further. All future filings must contain the 9-element signature block as outlined in the ED/VA ECF Policies and Procedures. (ecav, )
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Blank 4 Filed: 12/14/2016, Entered: 12/14/2016
ANSWER to Complaint by Xcentric Ventures, LLC.(Redway, Henrik)
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Legal Document (Payment Possibly Required) 3 Filed: 12/7/2016, Entered: 12/8/2016 Court Filing
Magistrate Judge Notice and Judge's Information to counsel. (epri)
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Legal Document (Payment Possibly Required) 2 Filed: 12/7/2016, Entered: 12/8/2016
Financial Interest Disclosure Statement (Local Rule 7.1) by Xcentric Ventures, LLC. (epri)
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Legal Document (Payment Possibly Required) 1 Filed: 12/7/2016, Entered: 12/8/2016
NOTICE OF REMOVAL from Williamsburg/James City County Circuit Court, case number CL16001780-00 ( Filing fee $ 400, receipt number 0422-5282613.), filed by Xcentric Ventures, LLC. (Attachments: # 1 Exhibit A Complaint, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(epri)
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