AGREED ORDER DISMISSING CASE that the matter is hereby DISMISSED AGREED with PREJUDICE and the Clerk shall proceed to remove the matter from the docket. Signed by District Judge Arenda L. Wright Allen and filed on 11/7/2011. (rsim) (Entered: 11/07/2011)
CERTIFICATE of Service re 149 Joint MOTION to Dismiss by Beth Hirsch Berman on behalf of Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack (Berman, Beth) (Entered: 11/07/2011)
Joint MOTION to Dismiss by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Berman, Beth) (Entered: 11/04/2011)
AGREED PROTECTIVE ORDER as to confidential material produced during the course of this proceeding. (See Order for Specifics.) Signed by Magistrate Judge Douglas E. Miller and filed on 9/28/2011. (rsim) (Entered: 09/28/2011)
ORDER that Plaintiff's time to complete all non-expert depositions is extended through October 27, 2011; and Plaintiff's time to complete written discovery is extended through October 27, 2011 but only as to the Federal Deposit Insurance Corporation in relation to payments claimed by Plaintiff in this suit. In all other respects, Plaintiffs time to complete written discovery has passed; and Defendants' time to complete all non-expert discovery is extended through November 8, 2011; and Plaintiff's time to respond to Mr. Leisner's expert report is extended through October 17, 2011; and Defendants' time to provide any rebuttal disclosures related to Mr. Leisner's report is extended to October 24, 2011; and all depositions are hereby stayed until September 28,2011; and Defendants shall file no further written discovery until September 28, 2011. Signed by Magistrate Judge Douglas E. Miller and filed on 9/28/2011. (rsim) (Entered: 09/28/2011)
ORDER granting 142 Motion for Extension of Discovery Deadline. The Plaintiff's discovery deadline is extended from September 27, 2011 to October 13, 2011. Signed by Magistrate Judge Douglas E. Miller on September 27, 2011. (Miller, Douglas) (Entered: 09/27/2011)
ORDER that the Clerk is DIRECTED to assign any matters which arise in this case to an alternate United States Magistrate Judge. Signed by Magistrate Judge F. Bradford Stillman and filed on 9/23/2011. (rsim) (Entered: 09/23/2011)
Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman: Settlement Conference held on 9/20/2011. (cdod, ) Modified on 9/22/2011 (cdod, ).
ORDER granting 136 Motion to Withdraw, or Otherwise Strike, Sean M. Gibbons as a Counsel of Record. The defendants will continue to be represented by Beth Hirsch Berman, Esq., and Edward M. Eakin, III, Esq., who have previously entered their appearance. Sean M. Gibbons, Esq., is discharged from any obligation to represent the defendant as counsel of record herein. Signed by Magistrate Judge F. Bradford Stillman on 9/19/2011 and filed 9/20/2011. (rsim) (Entered: 09/20/2011)
SETTLEMENT CONFERENCE ORDER that all parties and their lead counsel are required to appear at the U.S. District Court, 600 Granby Street, Norfolk, VA at 10:00 a.m. on 9/20/2011 for the purpose of conducting discussions towards a compromised resolution of this case; each party must bring a person with full and complete authority to settle the case; directing the parties to submit a brief memorandum of five pages or less to chambers (do not file in the clerk's office) on 9/19/2011 by noon. (See Order for Specifics.) Signed by Magistrate Judge F. Bradford Stillman and filed on 9/13/2011. (rsim) (Entered: 09/13/2011)
PROTECTIVE ORDER as to the deposition of Tiffany Glenn. (See Order for specifics.) Signed by Magistrate Judge F. Bradford Stillman and filed on 9/8/2011. (rsim) (Entered: 09/09/2011)
Memorandum in Support re 138 MOTION For A Court Ordered Settlement Conference filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Berman, Beth) (Entered: 09/07/2011)
MOTION For A Court Ordered Settlement Conference by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Berman, Beth) (Entered: 09/07/2011)
TRANSCRIPT of proceedings held on 08/24/2011 before Judge F. Bradford Stillman. Court Reporter/Transcriber Tami Tichenor, telephone number 757 222-7078. 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 10/6/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 12/5/2011.(tichenor, tamora) (Entered: 09/06/2011)
MOTION to Withdraw, or Otherwise Strike, Sean M. Gibbons as a Counsel of Record by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Gibbons, Sean) (Entered: 09/01/2011)
Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman; Tami Tichenor, OCR. Matter came on for hearing on pending motions. Appearances by Melissa Picco for plaintiff and Beth Berman for defendants. Argument. ECF No. 122 motion to compel is granted. Defendant to serve a supplemental response to Interrogatory No. 14 within seven days of this order. The balance of the motion to compel is rendered moot. ECF No. 119 motion to amend Rule 16(b) order is granted in part. Defendant to file expert witness report no later than September 19, 2011. Any disclosure by plaintiff to rebut expert report shall be provided no later than October 3, 2011. Any rebuttal disclosure related to the expert report to be provided by plaintiff no later than October 10, 2011.Plaintiffs discovery cutoff as to issues implicated by the expert report is extended to October 14, 2011. Court to prepare order.Court in recess. (afor) (Entered: 08/24/2011)
ORDER finding as moot 106 Motion to Compel; finding as moot 113 Motion to Compel; finding as moot 115 Motion to Strike ; finding as moot 117 Motion to Compel; granting in part 119 Motion to Amend/Correct, (see Order for specific date changes to the Rule 16(b) Order); granting in part 122 Motion to Compel. Defendants shall serve a supplemental response to Interrogatory Number 14 propounded by the Plaintiff within 7 days from the date of this Order. The balance of the motion to compel is DISMISSED as MOOT. The Court's prohibition on the filing of further motions by the parties is withdrawn. Signed by Magistrate Judge F. Bradford Stillman and filed on 8/24/2011. (rsim) (Entered: 08/24/2011)
MOTION REFERRED to Magistrate Judge F. Bradford Stillman. 119 MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports (rsim)
Memorandum in Support re 119 MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Berman, Beth) (Entered: 08/23/2011)
Memorandum in Opposition re 122 MOTION to Compel Answers to Interrogatories filed by Board of Directors of the Bank of Hampton Roads, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, The Bank of Hampton Roads. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Berman, Beth) (Entered: 08/22/2011)
REPLY to Response to Motion re 113 MOTION to Compel filed by The Bank of Hampton Roads. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Berman, Beth) (Entered: 08/22/2011)
REPLY to Response to Motion re 115 MOTION to Strike re 112 Rebuttal Brief re 106 MOTION to Compel filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Attachments: # 1 Exhibit A)(Berman, Beth) Modified on 8/23/2011 to correct title(rsim). (Entered: 08/22/2011)
Memorandum in Opposition re 117 MOTION to Compel Discovery Responses filed by Board of Directors of the Bank of Hampton Roads, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, The Bank of Hampton Roads. (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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Berman, Beth) (Entered: 08/19/2011)
Memorandum in Opposition re 119 MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports filed by Jack W. Gibson. (Attachments: # 1 Exhibit A)(Picco, Melissa) (Entered: 08/18/2011)
ORDER that the parties shall appear before the Court on Wednesday, August 24,2011, at 3:00 p.m. for a hearing on all pending motions. The parties are prohibited from filing any further motion in this matter between now and the hearing on August 24; the parties shall adhere to the briefing schedule as set forth in the Order (see Order for specifics). Signed by Magistrate Judge F. Bradford Stillman and filed on 8/17/2011. (rsim) (Entered: 08/17/2011)
Set/Reset Deadlines as to 106 MOTION to Compel, 122 MOTION to Compel Answers to Interrogatories, 117 MOTION to Compel Discovery Responses, 119 MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports, 113 MOTION to Compel, 115 MOTION to Strike 112 Rebuttal Brief MOTION to Strike 112 Rebuttal Brief MOTION to Strike 112 Rebuttal Brief, 108 MOTION to Quash Witness Subpoena. Motion Hearing set for 8/24/2011 at 03:00 PM in Norfolk Mag Courtroom 1 before Magistrate Judge F. Bradford Stillman. (afor, )
Memorandum in Support re 122 MOTION to Compel Answers to Interrogatories filed by Jack W. Gibson. (Attachments: # 1 Exhibit A)(Picco, Melissa) (Entered: 08/17/2011)
Opposition to 115 MOTION to Strike 112 Rebuttal Brief filed by Jack W. Gibson. (Attachments: # 1 Exhibit A)(Sullivan, Ann) Modified on 8/17/2011 to correct title(rsim). (Entered: 08/16/2011)
Memorandum in Support re 119 MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Berman, Beth) (Entered: 08/15/2011)
MOTION to Amend/Correct The Rule 16(b) Scheduling Order Entered in This Action as to Expert Witness Reports by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Berman, Beth) (Entered: 08/15/2011)
Brief in Support Motion to Compel Discovery Responses filed by Jack W. Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sullivan, Ann) (Entered: 08/10/2011)
Case reassigned to District Judge Arenda L. Wright Allen. District Judge Jerome B. Friedman no longer assigned to the case, per Judge Friedman. (jcow, )
Memorandum in Support re 115 MOTION to Strike 112 Rebuttal Brief filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Berman, Beth) Modified on 8/23/2011 to correct title (rsim). (Entered: 08/05/2011)
MOTION to Strike 112 Rebuttal Brief by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Berman, Beth) (Entered: 08/05/2011)
Memorandum in Support re 113 MOTION to Compel filed by The Bank of Hampton Roads. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Berman, Beth) (Entered: 08/05/2011)
Set Hearings: Motion Hearing as to 106 Motion to compel set for 9/12/2011 at 10:00 AM in Norfolk Mag Courtroom 2 before Magistrate Judge F. Bradford Stillman. (lwoo)
Memorandum in Opposition re 106 MOTION to Compel filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (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)(Berman, Beth) (Entered: 07/22/2011)
Brief in Support to 106 MOTION to Compel filed by Jack W. Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Hogan, Elaine) (Entered: 07/08/2011)
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference set for 11/14/2011 at 11:30 AM. Bench Trial set for 12/6/2011 at 09:45 AM in Norfolk. Signed by Magistrate Judge F. Bradford Stillman on 6/2/11 and filed on 6/3/11. (jcow, ) (Entered: 06/03/2011)
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 6/2/2011 at 09:30 AM. Signed by Magistrate Judge F. Bradford Stillman and filed on 5/17/2011. (rsim) Modified on 5/18/2011 to correct date (rsim). (Entered: 05/17/2011)
Notice of Correction re 92 Amended Answer to Complaint: Page 19 of this document is blank. In future filings, counsel should ensure that documents do not contain blank pages. (rsim)
AMENDED ANSWER to First Amended Complaint by Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson. (Berman, Beth) (Entered: 05/16/2011)
AGREED ORDER directing that the Bank of Hampton Roads Supplemental Retirement Plan is removed from the caption of this case and as a defendant in this matter and removed in each and every instance where the same name appears in this case. Signed by District Judge Jerome B. Friedman and filed on 5/9/11. (rsim) (Entered: 05/10/2011)
ANSWER to Complaint by Board of Directors of the Bank of Hampton Roads, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson.(Berman, Beth) (Entered: 04/26/2011)
ANSWER to Complaint by Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan.(Berman, Beth) (Entered: 04/26/2011)
OPINION AND ORDER denying 43 Motion to Dismiss ; granting 41 Motion for Extension of Time to Answer; the deadline to respond to the amended complaint as to the relevant defendants is extended to coincide with the remaining defendants' deadline to respond; all defendants shall file a responsive pleading within the fourteen-day period set forth in Rule 12(a)(4) of the Federal Rules of Civil Procedure. Signed by District Judge Jerome B. Friedman and filed on 4/12/2010. (rsim) (Entered: 04/13/2011)
ORDER denying 50 Motion for Entry of Default; denying 51 Motion for Default Judgment; denying 52 Motion for Entry of Default; denying 53 Motion for Default Judgment; granting 55 Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing. Signed by District Judge Jerome B. Friedman and filed on 3/4/2011. (rlam) (Entered: 03/07/2011)
Memorandum in Opposition re 55 Joint MOTION Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing re 43 MOTION to Dismiss Counts II and VI, 41 MOTION for Extension of Time to File AnswerJoint MOTION Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing re 43 MOTION to Dismiss Counts II and VI, 41 MOTION for Extension of Time to File AnswerJoint MOTION Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing re 43 MOTION to Dismiss Counts II and VI, 41 MOTION for Extension of Time to File AnswerJoint MOTION Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing re 43 MOTION to Dismiss Counts II and VI, 41 MOTION for Extension of Time to File Answer filed by Jack W. Gibson. (Hogan, Elaine) (Entered: 02/04/2011)
REPLY to Response to Motion re 51 MOTION for Default Judgment as to Defendants Bank of Hampton Roads, Hampton Roads Bankshares, Inc., Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Board of Directors of Bank of Hampton Roads, William Brumsey, II, 50 Request for Entry of Default as to Defendants Bank of Hampton Roads, Hampton Roads Bankshares, Inc., The Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Board of Directors of Bank of Hampton Roads, William Brumsey,, 53 MOTION for Default Judgment as to Defendants Hampton Roads Bankshares, Inc. Executive Savings Plan, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Henry P. Custis, William A. Paulette, Billy Roughton, Jordan E. Slon, 52 Request for Entry of Default as to Defendants Hampton Roads Bankshares, Inc. Executive Savings Plan, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Henry P. Custis, William A. Paulette, Billy Roughton, Jordan E. Slone filed by Jack W. Gibson. (Hogan, Elaine) (Entered: 02/04/2011)
Memorandum in Support re 55 Joint MOTION Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing re 43 MOTION to Dismiss Counts II and VI, 41 MOTION for Extension of Time to File AnswerJoint MOTION Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing re 43 MOTION to Dismiss Counts II and VI, 41 MOTION for Extension of Time to File AnswerJoint MOTION Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing re 43 MOTION to Dismiss Counts II and VI, 41 MOTION for Extension of Time to File AnswerJoint MOTION Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing re 43 MOTION to Dismiss Counts II and VI, 41 MOTION for Extension of Time to File Answer filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Gibbons, Sean) (Entered: 01/31/2011)
Joint MOTION Joint Motion to Have Motions Considered and Determined on the Papers without a Hearing re 43 MOTION to Dismiss Counts II and VI, 41 MOTION for Extension of Time to File Answer by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Gibbons, Sean) (Entered: 01/31/2011)
Memorandum in Opposition re 51 MOTION for Default Judgment as to Defendants Bank of Hampton Roads, Hampton Roads Bankshares, Inc., Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Board of Directors of Bank of Hampton Roads, William Brumsey, II, 50 Request for Entry of Default as to Defendants Bank of Hampton Roads, Hampton Roads Bankshares, Inc., The Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Board of Directors of Bank of Hampton Roads, William Brumsey,, 53 MOTION for Default Judgment as to Defendants Hampton Roads Bankshares, Inc. Executive Savings Plan, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Henry P. Custis, William A. Paulette, Billy Roughton, Jordan E. Slon, 52 Request for Entry of Default as to Defendants Hampton Roads Bankshares, Inc. Executive Savings Plan, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Henry P. Custis, William A. Paulette, Billy Roughton, Jordan E. Slone Joint filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Hampton Roads Bankshares, Inc. Executive Savings Plan, Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Gibbons, Sean) (Entered: 01/31/2011)
MOTION for Default Judgment as to Defendants Hampton Roads Bankshares, Inc. Executive Savings Plan, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Henry P. Custis, William A. Paulette, Billy Roughton, Jordan E. Slone, Emil A. Viola and W. Lewis Witt by Jack W. Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hogan, Elaine) (Entered: 01/28/2011)
Request for Entry of Default as to Defendants Hampton Roads Bankshares, Inc. Executive Savings Plan, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Henry P. Custis, William A. Paulette, Billy Roughton, Jordan E. Slone, Emil A. Viola, and W. Lewis Witt by Jack W. Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hogan, Elaine) (Entered: 01/28/2011)
MOTION for Default Judgment as to Defendants Bank of Hampton Roads, Hampton Roads Bankshares, Inc., Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Board of Directors of Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, John A. B. Davies, Jr., Douglas J. Glenn, Herman A. P. Hall, III, Richard F. Hall, Robert R. Kinser, Bobby L. Ralph, Roland C. Smith, Sr., Ollin B. Sykes, Frank T. Williams, and Jerry T. Womack by Jack W. Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hogan, Elaine) (Entered: 01/28/2011)
Request for Entry of Default as to Defendants Bank of Hampton Roads, Hampton Roads Bankshares, Inc., The Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Board of Directors of Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, John A. B. Davies, Jr., Douglas J. Glenn, Herman A. P. Hall, III, Richard F. Hall, Robert R. Kinser, Bobby L. Ralph, Roland C. Smith, Sr., Ollin B. Sykes, Frank T. Williams and Jerry T. Womack by Jack W. Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hogan, Elaine) (Entered: 01/28/2011)
REPLY to Response to Motion re 43 MOTION to Dismiss Counts II and VI filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, Bobby L. Ralph, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Frank T. Williams, Jerry T. Womack. (Gibbons, Sean) (Entered: 01/13/2011)
REPLY to Response to Motion re 41 MOTION for Extension of Time to File Answer filed by Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Henry P. Custis, Hampton Roads Bankshares, Inc. Executive Savings Plan, William A. Paulette, Billy Roughton, Jordan E. Slone, Emil A. Viola, W. Lewis Witt. (Gibbons, Sean) (Entered: 01/13/2011)
Acceptance of Service of Process for Defendants Compensation Committee of Board of Directors, Board of Directors of Hampton Roads, Hampton Roads Bankshares, Inc. Executive Savings Plan. (Attachments: # 1 Cover letter)(lwoo) (Entered: 01/11/2011)
Memorandum in Support re 43 MOTION to Dismiss Counts II and VI filed by Board of Directors of the Bank of Hampton Roads, William Brumsey, III, Patrick E. Corbin, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, Bobby L. Ralph, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Frank T. Williams, Jerry T. Womack. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Berman, Beth) (Entered: 12/23/2010)
MOTION to Dismiss Counts II and VI by William Brumsey, III, Patrick E. Corbin, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, Bobby L. Ralph, Roland Carroll Smith, Jr, Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Ollin B. Sykes, The Bank of Hampton Roads, Frank T. Williams, Jerry T. Womack, Board of Directors of the Bank of Hampton Roads. (Berman, Beth) (Entered: 12/23/2010)
Memorandum in Support re 41 MOTION for Extension of Time to File Answer filed by Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Henry P. Custis, Hampton Roads Bankshares, Inc. Executive Savings Plan, William A. Paulette, Billy Roughton, Jordan E. Slone, Emil A. Viola, W. Lewis Witt. (Berman, Beth) (Entered: 12/23/2010)
MOTION for Extension of Time to File Answer by Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Henry P. Custis, Hampton Roads Bankshares, Inc. Executive Savings Plan, William A. Paulette, Billy Roughton, Jordan E. Slone, Emil A. Viola, W. Lewis Witt. (Berman, Beth) (Entered: 12/23/2010)
Notice of Correction re 40 Amended Complaint. This document did not contain the /s/ for the filing user on the signature block. The filing user has been notified to file future documents with the correct signature block. (jcow, )
AMENDED COMPLAINT against William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Ollin B. Sykes, The Bank of Hampton Roads, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack, Compensation Committee of Board of Directors of Hampton Roads Bankshares, Inc., Supplemental Retirement Agreement Between Bank of Hampton Roads and Jack W. Gibson, Hampton Roads Bankshares, Inc. Executive Savings Plan, filed by Jack W. Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hogan, Elaine) (Entered: 12/06/2010)
ORDER, agreed, granting 38 Motion for entry of agreed order; directing that in lieu of filing a response to defendants' Motion to Dismiss filed 11/10/10, plaintiff shall be permitted to file an amended complaint on or before 12/6/10. Signed by Magistrate Judge F. Bradford Stillman and filed on 11/29/10. (mwin, ) (Entered: 11/29/2010)
MOTION and Memorandum of Law in Support of Entry of Agreed Order as to Filing of Amended Complaint by Jack W. Gibson. (Hogan, Elaine) (Entered: 11/24/2010)
Financial Interest Disclosure Statement (Local Rule 7.1) by The Bank of Hampton Roads Supplemental Retirement Plan. (Gibbons, Sean) (Entered: 11/10/2010)
Memorandum in Support re 33 MOTION to Dismiss filed by William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Attachments: # 1 Exhibit A)(Gibbons, Sean) (Entered: 11/10/2010)
MOTION to Dismiss by William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Gibbons, Sean) (Entered: 11/10/2010)
Additional Summons issued for service through Secretary of the Commonwealth as to William Brumsey, III, at Currituck, NC address; one service copy with attached copy of complaint and attachments noted below. Summons package mailed to plaintiff's counsel as requested. (Attachments: # 1 Magistrate Judge notice and judge's information)(mwin, ) (Entered: 11/09/2010)
AFFIDAVIT for Service of Process on the Secretary of the Commonwealth as to William Brumsey, III, at PO Box address in Currituck, NC, filed by Jack W. Gibson. (mwin, ) (Entered: 11/08/2010)
CONSENT ORDER AS TO THE FILING DATE OF RESPONSIVE PLEADINGS; 26 Motion for Entry of Consent Order is GRANTED. Defendants shall have up to and including 11/10/10, within which to answer, respond, or otherwise plead to Plaintiff's Complaint. Signed by District Judge Jerome B. Friedman and filed on 11/2/10. (lhow, ) (Entered: 11/02/2010)
NOTICE of Appearance by Edward McCoy Eakin, III on behalf of William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack (Eakin, Edward) (Entered: 11/02/2010)
NOTICE of Appearance by Sean Michael Gibbons on behalf of William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack (Gibbons, Sean) (Entered: 11/02/2010)
MOTION and Memorandum of Law in Support of Entry of Consent Order as to the Filing Date of Responsive Pleadings by William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack. (Berman, Beth) (Entered: 11/01/2010)
Summons Reissued as to Richard R. Kinser; one copy with attached copy of complaint and attachments noted below. Plaintiff's counsel will arrange for pickup of summons package. (Attachments: # 1 Magistrate Judge consent and Judge's information)(mwin, ) (Entered: 11/01/2010)
SUMMONS Returned Executed as to Roland Carroll Smith, Jr served 10/15/2010 by POSTING. (mwin, ) Modified on 10/21/2010 to note posted service. (mwin, ) (Entered: 10/21/2010)
SUMMONS Returned Executed as to Bobby L. Ralph by delivery to person found in charge of usual place of business or employment on 10/15/2010. (mwin, ) (Entered: 10/21/2010)
SUMMONS Returned Executed as to William Brumsey, III, by delivery to person found in charge of usual place of business or employment 10/15/2010 (mwin, ) (Entered: 10/21/2010)
21 Summonses Issued (each with 1 copy of Complaint) as to William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack each with Attachment #1.Summons package held for pickup by counsel as requested. (Attachments: # 1 Magistrate Judge Notice and Judge's Information, # 2 Cover Letter)(kgri) (Entered: 10/13/2010)
COMPLAINT against William Brumsey, III, Patrick E. Corbin, Henry P. Custis, John A.B. Davies, Jr, Douglas J. Glenn, Herman A. Hall, III, Richard F. Hall, III, Hampton Roads Bankshares, Inc., Richard R. Kinser, William A. Paulette, Bobby L. Ralph, Billy Roughton, Jordan E. Slone, Roland Carroll Smith, Jr, Ollin B. Sykes, The Bank of Hampton Roads, The Bank of Hampton Roads Supplemental Retirement Plan, Emil A. Viola, Frank T. Williams, W. Lewis Witt, Jerry T. Womack (Filing fee $350.00; receipt number 24683008558), filed by Jack W. Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Receipt, # 5 Cover Letter)(kgri) (Entered: 09/28/2010)
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