Gervin v. Donatto

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 4:16-cv-00162
Magistrate Judge Lawrence R. Leonard, presiding
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Magistrate Judge Lawrence R. Leonard
Last Updated July 30, 2025 at 1:34 AM EDT (3.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [1A5617C], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Craig Stewart Gill , Jr. sgill@attorneys4injured.com
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 The Mottley Law Firm PLC

Name Phone Fax E-Mail
Space Benjamin Paul Kyber +1 804 767 5726 +1 804 767 2592 benkyber@mottleylawfirm.com
Space Kevin Wayne Mottley +1 804 930 1022 +1 804 767 2592 kevinmottley@mottleylawfirm.com
No Logo Linda Darnell Gervin, Plaintiff

Represented by Brain Injury Law Center

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Craig Stewart Gill, Jr. +1 757 244 7000 +1 757 244 7046 sgill@attorneys4injured.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY David Barnes Holt +1 757 244 7000 +1 757 245 7740 dholt@attorneys4injured.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Stephen M Smith +1 757 244 7000 +1 757 245 7740 ssmith@braininjurylawcenter.com

Represented by The Mottley Law Firm PLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Benjamin Paul Kyber +1 804 767 5726 +1 804 767 2592 benkyber@mottleylawfirm.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Kevin Wayne Mottley +1 804 930 1022 +1 804 767 2592 kevinmottley@mottleylawfirm.com
v.
No Logo Anonymized Party [DB972D7], Defendant

Represented by LeClair Ryan PC (Charlottesville)

Name Phone Fax E-Mail
Space Gretchen Ann Jackson gretchen.jackson@leclairryan.com
No Logo Cary James Donatto, Defendant

Represented by LeClairRyan-VA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Gretchen Ann Jackson +1 434 245 3444 +1 434 296 0905 gretchen.jackson@leclairryan.com
No Logo Clean Harbors Environmental Services, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Lynne Jones Blain

Represented by HARMAN CLAYTOR CORRIGAN & WELLMAN

Name Phone Fax E-Mail
Space LYNNE JONES BLAIN
Space Michael Edwin Harman mharman@hccw.com
Space Jeffrey Paul Miller jmiller@hccw.com

Represented by Harmon, Claytor, Corrigan & Wellman, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED LYNNE JONES BLAIN +1 804 747 5200 +1 804 747 6085 lblain@hccw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael Edwin Harman +1 804 747 5200 mharman@hccw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey Paul Miller +1 804 762 8036 +1 804 729 0108 jmiller@hccw.com
No Logo Clean Harbors Industrial Services, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Lynne Jones Blain
Space Michael Edwin Harman
Space Jeffrey Paul Miller

Represented by HARMAN CLAYTOR CORRIGAN & WELLMAN

Name Phone Fax E-Mail
Space Elizabeth Olga Papoulakos epapoulakos@hccw.com

Represented by Harmon, Claytor, Corrigan & Wellman, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED LYNNE JONES BLAIN +1 804 747 5200 +1 804 747 6085 lblain@hccw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael Edwin Harman +1 804 747 5200 mharman@hccw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey Paul Miller +1 804 762 8036 +1 804 729 0108 jmiller@hccw.com
ATTORNEY TO BE NOTICED Elizabeth Olga Papoulakos +1 804 622 1135 +1 804 729 0653 epapoulakos@hccw.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 350 - Motor Vehicle Personal Injury
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Monetary Demand $9,999,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 133 Filed: 11/20/2017, Entered: 11/20/2017
NOTICE of Settlement by 1A5617C (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 132 Filed: 11/20/2017, Entered: 11/20/2017
STIPULATION of Dismissal of all Pending Claims by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 131 Filed: 11/17/2017, Entered: 11/17/2017 Court Filing
SHOW CAUSE ORDER: On November 17,2017, the parties filed a Stipulation of Dismissal of Claims for Punitive Damages. ECF No. 130. This Stipulation does not dispose of the entire case. Accordingly, inasmuch as the parties represented to the Court on the record that this case was settled, the parties are ORDERED to show cause no later than November 24,2017, why this Court should not enter an Order dismissing this case in its entirety. Signed by Magistrate Judge Lawrence R. Leonard and filed on 11/17/17. (tbro)
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Legal Document (Payment Possibly Required) 130 Filed: 11/17/2017, Entered: 11/17/2017
STIPULATION of Dismissal of Punitive Damages Claims by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 129 Filed: 10/25/2017, Entered: 10/25/2017 Court Filing
Minute Entry for Day 6 of Jury trial held 10/25/17 before Magistrate Judge Lawrence R. Leonard. Stephen Smith, Kevin Mottley, David Holt, appeared on behalf of plaintiff. Gretchen Jackson, appeared on behalf of defendant DB972D7. Lynne Blain, Michael Harman and Elizabeth Papoulakos, appeared on behalf of defendant Clean Harbors Industrial Services, Inc. JURY TRIAL DAY 6 - All Jurors present. Out of presence of the jury the parties notify the Court of an agreed settlement in the case. (A brief recess was taken 9:20 a.m.-9:30 a.m.) Jury returned to courtroom. The Court notifies the jury that the case has settled and thanks the jurors for their service. Jury Dismissed. All exhibits returned to the parties. Court adjourned.Jury Trial completed on 10/25/2017. (Court Reporter Kristi Weaver (Tayloe).)(lwoo)
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Legal Document (Payment Possibly Required) 128 Filed: 10/23/2017, Entered: 10/24/2017 Court Filing
Minute Entry for Day 5 of Jury Trial held on 10/23/2017 before Magistrate Judge Lawrence R. Leonard. Stephen Smith, Kevin Mottley, David Holt, appeared on behalf of plaintiff. Gretchen Jackson, appeared on behalf of defendant DB972D7. Lynne Blain, Michael Harman and Elizabeth Papoulakos, appeared on behalf of defendant Clean Harbors Industrial Services, Inc. JURY TRIAL DAY 5 - All Jurors present. Out of presence of the jury preliminary matters regarding Dr. Wades testimony, jury instructions and stipulations are addressed. Jury returned to courtroom. Defendants exhibits admitted. Defendant continued presentation of evidence. Testimony of witnesses heard. Objections argued and rulings made on the record. (A brief recess was taken 10:40 a.m.-10:58 a.m.) Jury returned to courtroom. Plaintiff continued presentation of evidence. Witnesses testified and exhibits admitted. Objections argued and rulings made on the record. Witness excused.LUNCH BREAK: 12:28 p.m-1:31 p.m. Out of presence of the jury counsel inform the Court that there was an incorrect date during the testimony of Dr. Ross. The Court rules on the record. Jury returned to the courtroom. Defendants exhibits admitted. The Court reads into the record Defendants portion of stipulation. Defendant continued presentation of evidence and witnesses. Objections argued and rulings made on the record.(A brief recess was taken 3:04 p.m.-3:18 p.m.) Out of presence of the jury, Plaintiffs oral Motion to Strike the testimony of Dr. Richmond. The Court will hear argument at the conclusion of testimony. Jury returned to courtroom. Defendants examination of witness and presentation of evidence continued. Witness excused. Jury excused to return at 9:30 on 10/25/17. Out of presence of the jury, argument heard on Plaintiffs oral Motion to Strike. The Court DENIES the motion and notes the objection on the record. Court adjourned until 9:30 am on 10/25/17. (No court 10/24/17.)(Court Reporter Kristi Weaver (Tayloe)(lwoo)
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Legal Document (Payment Possibly Required) 127 Filed: 10/22/2017, Entered: 10/22/2017
Proposed Jury Instructions by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 126 Filed: 10/20/2017, Entered: 10/20/2017
STIPULATION Joint Stipulation by 1A5617C. (Kyber, Benjamin)
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Legal Document (Payment Possibly Required) 125 Filed: 10/20/2017, Entered: 10/20/2017 Court Filing
Minute Entry for Day 4 of Jury Trial held on 10/20/2017 before Magistrate Judge Lawrence R. Leonard. Stephen Smith, Kevin Mottley, David Holt, appeared on behalf of plaintiff. Gretchen Jackson, appeared on behalf of defendant DB972D7. Lynne Blain, Michael Harman and Elizabeth Papoulakos, appeared on behalf of defendant Clean Harbors Industrial Services, Inc. JURY TRIAL DAY 4 - All Jurors present. Out of presence of the jury, counsel notifies the Court they have an agreed stipulation, and certain witnesses will not be needed. Exhibit admitted. Jury returned to courtroom. The Court reads into the record Plaintiffs portion of stipulation. Plaintiff continues presentation of witnesses and presentation of evidence. Exhibits admitted. Objections argued and rulings made on the record. Witnesses excused. A brief recess was taken (11:02-11:20). Jury returned to courtroom. Plaintiff continued presentation of evidence. Witness testified and exhibits admitted. Objections argued and rulings made on the record. Witness excused.LUNCH BREAK: 11:46 a.m-1:00 p.m. Out of presence of the jury, Plaintiffs counsel verifies exhibits are in order. Defendants notify the Court that they have video depositions and no live witnesses this afternoon. The Court directs counsel to review jury instructions and to submit any objections or additional instructions by Monday.Jury returned to the courtroom.Plaintiff Rests. Defendants began presentation of witnesses and evidence. Video depositions played in open court. Jury released for the day. Court adjourned until 9:30 am on 10/23/17. (Court Reporter Scott Gregg (Tayloe).)(lwoo)
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Legal Document (Payment Possibly Required) 124 Filed: 10/19/2017, Entered: 10/20/2017 Court Filing
Minute Entry for Day 3 of Jury Trial held on 10/19/2017 before Magistrate Judge Lawrence R. Leonard. Stephen Smith, Kevin Mottley, David Holt, appeared on behalf of plaintiff. Gretchen Jackson, appeared on behalf of defendant DB972D7. Lynne Blain, Michael Harman and Elizabeth Papoulakos, appeared on behalf of defendant Clean Harbors Industrial Services, Inc. DAY 3 All Jurors Present. Out of presence of the jury, counsel notified the Court they have an agreed stipulation and certain witnesses will not be needed. Exhibits admitted. Jury returned to courtroom. Plaintiff continued presentation of evidence and witness. Objections argued and rulings made on the record. A brief recess was taken (11:00 - 11:22).Jury returned to courtroom. Plaintiff continued presentation of evidence. Witness testified and exhibits admitted. Objections argued and rulings made on the record. LUNCH BREAK: 11:50 a.m-1:20 p.m. Out of presence of the jury, counsel argue evidentiary matters. The Court directs counsel to resolve all matters regarding exhibits tonight as outlined on the record. Jury returned to the courtroom. Plaintiff continued presentation of evidence and witnesses. Exhibits admitted. A brief recess was taken (2:52 - 3:11). Jury was returned to the courtroom. Presentation of evidence and witness continued by plaintiff. Exhibits admitted. Witness excused. Jury released for the day. Court adjourned until 9:30 am on 10/20/17. (Court Reporter Scott Gregg (Tayloe).)(lwoo)
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Legal Document (Payment Possibly Required) 121 Filed: 10/19/2017, Entered: 10/19/2017
STIPULATION of Facts by 1A5617C. (Holt, David)
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Legal Document (Payment Possibly Required) 120 Filed: 10/19/2017, Entered: 10/19/2017
NOTICE by 1A5617C Proposed Verdict Form (Kyber, Benjamin)
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Legal Document (Payment Possibly Required)  Filed: 10/16/2017, Entered: None Unknown Document Type
Final Pretrial Conference held on 10/16/2017 before Magistrate Judge Lawrence R. Leonard. (lwoo)
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Legal Document (Payment Possibly Required) 119 Filed: 10/18/2017, Entered: 10/19/2017 Court Filing
Minute Entry Day 2 of Jury Trial held on 10/18/2017 before Magistrate Judge Lawrence R. Leonard. Stephen Smith, Kevin Mottley, David Holt and Benjamin Kyber, appeared on behalf of plaintiff. Gretchen Jackson, appeared on behalf of defendant DB972D7. Lynne Blain, Michael Harman and Elizabeth Papoulakos, appeared on behalf of defendant Clean Harbors Industrial Services, Inc. DAY 2 - All jurors present. Plaintiff continued presentation of witnesses and evidence. Objections argued and rulings made on the record. Exhibits admitted. A brief recess was taken. (10:52-11:07). Jury returned to the courtroom. Plaintiff continued presentation of evidence. Testimony of witnesses heard. Jury excused for brief recess. Outside presence of the jury, objections argued and rulings made on the record. LUNCH BREAK: 1:09-2:14 Jury returned to courtroom. Plaintiff continued presentation of evidence. Witnesses testified. Objections argued and rulings made on the record.A brief recess was taken. (3:26-3:38).Jury returned to the courtroom. Plaintiff continued presentation of evidence and witnesses. Exhibits admitted. Objections argued and rulings made on the record. Witnesses excused. Jury released for the day. Court adjourned until 9:30 a.m. on 10/19/17. (Court Reporter Scott Gregg (Tayloe).)(lwoo)
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Legal Document (Payment Possibly Required) 118 Filed: 10/17/2017, Entered: 10/18/2017 Court Filing
Minute Entry for Day 1 of Jury Trial held on 10/17/2017 before Magistrate Judge Lawrence R. Leonard. Stephen Smith, Kevin Mottley, David Holt and Benjamin Kyber, appeared on behalf of plaintiff. Gretchen Jackson, appeared on behalf of defendant DB972D7. Lynne Blain, Michael Harman and Elizabeth Papoulakos, appeared on behalf of Clean Harbors Industrial Services, Inc. Petit jurors were sworn, examined on voir dire and from said panel came a jury of eight (8) jurors who were duly sworn. Jurors not selected excused subject to call. LUNCH BREAK: 12:37 p.m. - 1:45 p.m. Jury returned to courtroom. Opening statements heard. Plaintiff began presentation of evidence. Testimony of witnesses heard, exhibits admitted. (See Witness and Exhibit List). Objections argued and rulings made on the record. Witnesses excused. A brief recess was taken (3:15-3:28). During the recess, Juror #32 notified the Court that she is familiar with a witness named in opening statements. Out of presence of the jury and after voir dire of juror #32, the Court excuses her from jury service subject to call. Jury returned to courtroom. Plaintiff continued presentation of witnesses and evidence. Jury released for the day. Court adjourned until 9:30 a.m. on 10/18/17. (Court Reporter Scott Gregg.)(lwoo) Modified on 10/18/2017 "Juror 32 subject to call"(lwoo).
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Legal Document (Payment Possibly Required) 117 Filed: 10/16/2017, Entered: 10/17/2017 Court Filing
OMNIBUS ORDER granting in part and denying in part 35 Motion in Limine to Exclude Testimony of Alleged Malingering and/or Exaggeration or Feigning of Symptoms by 1A5617C; finding as moot 52 Motion to Dismiss by Clean Harbors Industrial Services, Inc..; finding as moot 73 Motion to Dismiss by Clean Harbors Environmental Services, Inc..; finding as moot 81 Motion in Limine by Clean Harbors Industrial Services, Inc..; granting 83 Motion in Limine to Exclude Evidence of Previous and Unrelated Drug Convictions; granting 85 Motion in Limine to Exclude Evidence of Blood Alcohol Content by DB972D7; finding as moot 87 Motion in Limine To Exclude Testimony or Evidence from Dr. Andrus by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7; granting in part and denying in part 89 Motion in Limine To Exclude Testimony of Charles Demark by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7; finding as moot 91 Motion in Limine To Limit Testimony of Dr. Haas by Clean Harbors Environmental Services, Inc., DB972D7; finding as moot 93 Motion in Limine To Exclude Opinions Contained in Kreutzer's Letter by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7; granting 95 Motion in Limine Exclude Certain Testimony from Life Care Planner Betty Overbey by Clean Harbors Environmental Services, Inc., DB972D7. Signed by Magistrate Judge Lawrence R. Leonard and filed on 10/16/17. (tbro)
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Legal Document (Payment Possibly Required)  Filed: 10/16/2017, Entered: None Unknown Document Type
Notice of Correction re 111 Memorandum in Support re 89 MOTION in Limine To Exclude Testimony of Charles Demark, 112 RESPONSE to Plaintiff's Opposition re 95 MOTION in Limine Exclude Certain Testimony from Life Care Planner Betty Overbey. The filing user's login does not match the signature on the document. The filing user must REFILE the document with the filing user's signature block, or the attorney whose signature block appears on the document must refile the document.(cchr)
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Legal Document (Payment Possibly Required) 116 Filed: 10/16/2017, Entered: 10/16/2017 Court Filing
TRANSCRIPT of proceedings held on 10-16-2017, before Judge Lawrence R. Leonard, 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 11/15/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 1/16/2018.(stewart, jody)
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Legal Document (Payment Possibly Required) 115 Filed: 10/16/2017, Entered: 10/16/2017 Court Filing
Minute Entry for Motion Hearing held on 10/16/2017 re 35 MOTION in Limine and 89 MOTION in Limine before Magistrate Judge Lawrence R. Leonard. David Holt and Kevin Mottley appeared on behalf of the plaintiff. Gretchen Jackson appeared on behalf of defendant DB972D7. Lynne Blain and Michael Harman appeared on behalf of defendant Clean Harbors Industrial Services, Inc.First, the Court addresses plaintiffs motion. Comments and questions by the Court. Argument by Mr. Holt and Ms. Blain. The motion is GRANTED by the Court for reasons outlined on the record and as explained by the court's written order. Stephen Smith, counsel for the plaintiff, arrived late to the proceedings. Argument by Ms. Blain and Mr. Holt as to defendants motion heard. Comments of the Court. The Court to rule by the end of the day. The Court also notes a correction to the docket sheet removing Ms. Blain as counsel for defendant DB972D7. Court in recess.(Court Reporter Jody Stewart, OCR.)(lwoo) Modified on 10/16/2017 (lwoo).
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Legal Document (Payment Possibly Required) 114 Filed: 10/16/2017, Entered: 10/16/2017 Court Filing
SUPPLEMENTAL FINAL PRETRIAL ORDER. Signed by Magistrate Judge Lawrence R. Leonard and filed on 10/16/17. (tbro)
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Legal Document (Payment Possibly Required) 113 Filed: 10/16/2017, Entered: 10/16/2017
Corrected RESPONSE to Plaintiff's Opposition re 95 MOTION in Limine Exclude Certain Testimony from Life Care Planner Betty Overbey filed by Clean Harbors Industrial Services, Inc., DB972D7. (Attachments: # 1 Exhibit O'Shanick's Report)(Blain, Lynne)
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Legal Document (Payment Possibly Required) 112 Filed: 10/15/2017, Entered: 10/15/2017
RESPONSE to Plaintiff's Opposition re 95 MOTION in Limine Exclude Certain Testimony from Life Care Planner Betty Overbey filed by Clean Harbors Industrial Services, Inc., DB972D7. (Attachments: # 1 Exhibit O'Shanick's Report)(Papoulakos, Elizabeth) Modified text on 10/16/2017 (cchr).
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Legal Document (Payment Possibly Required) 111 Filed: 10/15/2017, Entered: 10/15/2017
Memorandum in Support re 89 MOTION in Limine To Exclude Testimony of Charles Demark filed by Clean Harbors Industrial Services, Inc., DB972D7. (Attachments: # 1 Exhibit O'Shanick's Report)(Papoulakos, Elizabeth)
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Legal Document (Payment Possibly Required) 110 Filed: 10/15/2017, Entered: 10/15/2017
Rebuttal Brief re 89 MOTION in Limine To Exclude Testimony of Charles Demark filed by Clean Harbors Industrial Services, Inc.. (Miller, Jeffrey)
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Legal Document (Payment Possibly Required)  Filed: 10/12/2017, Entered: None Unknown Document Type
Set/Reset Deadlines as to 35 MOTION in Limine to Exclude Testimony of Alleged Malingering and/or Exaggeration or Feigning of Symptoms, 89 MOTION in Limine To Exclude Testimony of Charles Demark. Motion Hearing set for 10/16/2017 at 10:30 AM in Norfolk Mag Courtroom 1 before Magistrate Judge Lawrence R. Leonard. (afor)
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Legal Document (Payment Possibly Required) 109 Filed: 10/13/2017, Entered: 10/13/2017
Memorandum in Opposition re 89 MOTION in Limine To Exclude Testimony of Charles Demark filed by 1A5617C. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Holt, David)
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Legal Document (Payment Possibly Required) 108 Filed: 10/13/2017, Entered: 10/13/2017
Memorandum in Opposition re 95 MOTION in Limine Exclude Certain Testimony from Life Care Planner Betty Overbey (CORRECTED) filed by 1A5617C. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mottley, Kevin)
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Legal Document (Payment Possibly Required)  Filed: 10/11/2017, Entered: None Unknown Document Type
Set Deadlines/Hearings SUPPLEMENTAL Final Pretrial Conference set for 10/16/2017 at 10:30 AM in Norfolk Judges Chamber before Magistrate Judge Lawrence R. Leonard. (afor)
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Legal Document (Payment Possibly Required) 107 Filed: 10/13/2017, Entered: 10/13/2017
Memorandum in Opposition re 95 MOTION in Limine Exclude Certain Testimony from Life Care Planner Betty Overbey filed by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required)  Filed: 10/10/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Magistrate Judge Lawrence R. Leonard:Final Pretrial Conference held on 10/10/2017. (afor)
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Legal Document (Payment Possibly Required) 106 Filed: 10/12/2017, Entered: 10/12/2017 Court Filing
ORDER re 35 MOTION in Limine to Exclude Testimony of Alleged Malingering and/or Exaggeration or Feigning of Symptoms filed by 1A5617C, 89 MOTION in Limine To Exclude Testimony of Charles Demark filed by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7. The Court has determined that disposition of these Motions in Limine do necessitate a hearing. Accordingly, the parties are DIRECTED to appear on Monday, October 16, 2017 at 10:30 AM for a hearing on the aforementioned Motions in Limine. At the conclusion of said hearing, the parties will reconvene in Chambers for the previously scheduled Supplemental Final Pretrial Conference. Signed by Magistrate Judge Lawrence R. Leonard and filed on 10/12/17. (tbro)
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Legal Document (Payment Possibly Required) 105 Filed: 10/11/2017, Entered: 10/11/2017
NOTICE of Appearance by Elizabeth Olga Papoulakos on behalf of Clean Harbors Industrial Services, Inc. (Papoulakos, Elizabeth)
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Legal Document (Payment Possibly Required) 104 Filed: 10/10/2017, Entered: 10/10/2017 Court Filing
FINAL PRETRIAL ORDER. Signed by Magistrate Judge Lawrence R. Leonard and filed on 10/10/17. (tbro)
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Legal Document (Payment Possibly Required) 103 Filed: 10/10/2017, Entered: 10/10/2017
Proposed Jury Instructions by Clean Harbors Industrial Services, Inc.. (Miller, Jeffrey)
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Legal Document (Payment Possibly Required) 102 Filed: 10/10/2017, Entered: 10/10/2017
Proposed Voir Dire by Clean Harbors Industrial Services, Inc.. (Miller, Jeffrey)
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Legal Document (Payment Possibly Required) 101 Filed: 10/10/2017, Entered: 10/10/2017
Proposed Voir Dire by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 100 Filed: 10/10/2017, Entered: 10/10/2017
Proposed Jury Instructions by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 99 Filed: 10/7/2017, Entered: 10/7/2017
CERTIFICATE of Service re 97 Stipulation, 98 Stipulation of Dismissal by Kevin Wayne Mottley on behalf of 1A5617C (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 98 Filed: 10/7/2017, Entered: 10/7/2017
STIPULATION of Dismissal of Clean Harbors Environmental Services, Inc. by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 97 Filed: 10/7/2017, Entered: 10/7/2017
STIPULATION by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 96 Filed: 10/4/2017, Entered: 10/4/2017
Memorandum in Support re 95 MOTION in Limine Exclude Certain Testimony from Life Care Planner Betty Overbey filed by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Blain, Lynne) (Attachment 2 replaced on 10/5/2017 with correct exhibit) (tbro)
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Legal Document (Payment Possibly Required) 95 Filed: 10/4/2017, Entered: 10/4/2017
MOTION in Limine Exclude Certain Testimony from Life Care Planner Betty Overbey by Clean Harbors Environmental Services, Inc., DB972D7. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 94 Filed: 10/4/2017, Entered: 10/4/2017
Memorandum in Support re 93 MOTION in Limine To Exclude Opinions Contained in Kreutzer's Letter filed by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Blain, Lynne)
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Legal Document (Payment Possibly Required) 93 Filed: 10/4/2017, Entered: 10/4/2017
MOTION in Limine To Exclude Opinions Contained in Kreutzer's Letter by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 92 Filed: 10/4/2017, Entered: 10/4/2017
Memorandum in Support re 91 MOTION in Limine To Limit Testimony of Dr. Haas filed by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Blain, Lynne)
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Legal Document (Payment Possibly Required) 91 Filed: 10/4/2017, Entered: 10/4/2017
MOTION in Limine To Limit Testimony of Dr. Haas by Clean Harbors Environmental Services, Inc., DB972D7. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 90 Filed: 10/4/2017, Entered: 10/4/2017
Memorandum in Support re 89 MOTION in Limine To Exclude Testimony of Charles Demark filed by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Blain, Lynne)
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Legal Document (Payment Possibly Required) 89 Filed: 10/4/2017, Entered: 10/4/2017
MOTION in Limine To Exclude Testimony of Charles Demark by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 88 Filed: 10/4/2017, Entered: 10/4/2017
Memorandum in Support re 87 MOTION in Limine To Exclude Testimony or Evidence from Dr. Andrus filed by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Blain, Lynne)
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Legal Document (Payment Possibly Required)  Filed: 10/4/2017, Entered: None Unknown Document Type
MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. 73 MOTION to Dismiss (tbro)
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Legal Document (Payment Possibly Required) 87 Filed: 10/4/2017, Entered: 10/4/2017
MOTION in Limine To Exclude Testimony or Evidence from Dr. Andrus by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 86 Filed: 10/4/2017, Entered: 10/4/2017
Memorandum in Support re 85 MOTION in Limine to Exclude Evidence of Blood Alcohol Content filed by DB972D7. (Attachments: # 1 Exhibit)(Jackson, Gretchen)
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Legal Document (Payment Possibly Required) 85 Filed: 10/4/2017, Entered: 10/4/2017
MOTION in Limine to Exclude Evidence of Blood Alcohol Content by DB972D7. (Jackson, Gretchen)
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Legal Document (Payment Possibly Required) 84 Filed: 10/4/2017, Entered: 10/4/2017
Memorandum in Support re 83 MOTION in Limine to Exclude Evidence of Previous and Unrelated Drug Convictions filed by DB972D7. (Attachments: # 1 Exhibit)(Jackson, Gretchen)
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Legal Document (Payment Possibly Required) 83 Filed: 10/4/2017, Entered: 10/4/2017
MOTION in Limine to Exclude Evidence of Previous and Unrelated Drug Convictions by DB972D7. (Jackson, Gretchen)
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Legal Document (Payment Possibly Required)  Filed: 10/3/2017, Entered: None Unknown Document Type
Notice of Correction re 79 Rebuttal Brief. The filing user's login does not match the signature on the document. Additionally, the signature on the Certificate of Service does not match the signature on the document. The filing user must REFILE the document with the filing user's signature block, or the attorney whose signature block appears on the document must refile the document. (bpet, )
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Legal Document (Payment Possibly Required) 82 Filed: 10/3/2017, Entered: 10/3/2017
Memorandum in Support re 81 MOTION in Limine filed by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 81 Filed: 10/3/2017, Entered: 10/3/2017
MOTION in Limine by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required)  Filed: 9/29/2017, Entered: None Unknown Document Type
MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. 52 MOTION to Dismiss (tbro)
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Legal Document (Payment Possibly Required) 80 Filed: 10/3/2017, Entered: 10/3/2017
Rebuttal Brief re 73 MOTION to Dismiss Refiled as instructed filed by Clean Harbors Environmental Services, Inc.. (Miller, Jeffrey)
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Legal Document (Payment Possibly Required)  Filed: 9/26/2017, Entered: None Unknown Document Type
MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. 35 MOTION in Limine to Exclude Testimony of Alleged Malingering and/or Exaggeration or Feigning of Symptoms (tbro)
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Legal Document (Payment Possibly Required) 79 Filed: 10/2/2017, Entered: 10/2/2017
Rebuttal Brief re 73 MOTION to Dismiss filed by Clean Harbors Environmental Services, Inc.. (Miller, Jeffrey)
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Legal Document (Payment Possibly Required) 78 Filed: 9/29/2017, Entered: 9/29/2017
Memorandum in Opposition re 73 MOTION to Dismiss filed by 1A5617C. (Kyber, Benjamin)
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Legal Document (Payment Possibly Required) 77 Filed: 9/28/2017, Entered: 9/28/2017
Memorandum in Support re 52 MOTION to Dismiss filed by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 76 Filed: 9/25/2017, Entered: 9/25/2017
REPLY to Response to Motion re 35 MOTION in Limine to Exclude Testimony of Alleged Malingering and/or Exaggeration or Feigning of Symptoms filed by 1A5617C. (Kyber, Benjamin)
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Legal Document (Payment Possibly Required) 74 Filed: 9/25/2017, Entered: 9/25/2017
Memorandum in Support re 73 MOTION to Dismiss filed by Clean Harbors Environmental Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 73 Filed: 9/25/2017, Entered: 9/25/2017
MOTION to Dismiss by Clean Harbors Environmental Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 72 Filed: 9/25/2017, Entered: 9/25/2017
ANSWER to Complaint by Clean Harbors Environmental Services, Inc..(Blain, Lynne)
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Legal Document (Payment Possibly Required) 71 Filed: 9/22/2017, Entered: 9/22/2017
Memorandum in Opposition re 52 MOTION to Dismiss of Clean Harbors Industrial Services, Inc. filed by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 70 Filed: 9/22/2017, Entered: 9/22/2017
NOTICE of Appearance by Craig Stewart Gill, Jr on behalf of 1A5617C (Gill, Craig)
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Legal Document (Payment Possibly Required) 69 Filed: 9/22/2017, Entered: 9/22/2017 Court Filing
ORDER denying 48 Motion to Continue Trial; granting 50 Motion to Expedite Hearing; denying 55 Motion for Sanctions against Defendant Clean Harbors Environmental Services, Inc.; granting 57 Motion to Expedite Hearing on Rule 37(b) Motion. Signed by Magistrate Judge Lawrence R. Leonard and filed on 9/22/17. (tbro)
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Legal Document (Payment Possibly Required) 68 Filed: 9/22/2017, Entered: 9/22/2017 Court Filing
AMENDED SCHEDULING ORDER: SEE ORDER FOR DETAILS. Signed by Magistrate Judge Lawrence R. Leonard and filed on 9/22/17. (tbro)
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Legal Document (Payment Possibly Required) 75 Filed: 9/21/2017, Entered: 9/25/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Lawrence R. Leonard:Motion Hearing held on 9/21/2017 re 48 MOTION to Continue Trial filed by Clean Harbors Industrial Services, Inc., 55 MOTION for Sanctions against Defendant Clean Harbors Environmental Services, Inc. filed by 1A5617C. Matter came on for hearing on pending motion to continue trial (#48) and motion for sanctions (#55). Present were Kevin Mottley, David Holt and Stephen Smith on behalf of the plaintiffs. Lynne Blain was present on behalf of defendants Clean Harbors Industrial Services and Clean Harbors Environmental Services. Bradley Carl, in house counsel, also present for Clean Harbors Environmental Services. Counsel argue the motions. The Court denied the motion to continue the trial. An amended scheduling order was given by the Court. The Court denied the motion for sanctions. The Court will issue an order and counsel will file any motions to dismiss/for summary judgment on the schedule directed by the court. A hearing will be held on 10/16/17 on those motions. Court adjourned. (Court Reporter Tracy Hand.)(cdod, )
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Legal Document (Payment Possibly Required) 67 Filed: 9/21/2017, Entered: 9/22/2017 Court Filing
SUPPLEMENTAL OMNIBUS ORDER: The Court entered an Omnibus Order (ECF No. 40) directing Defendant Clean Harbors Industrial Services, Inc. to submit, under seal, eighteen (18) documents identified on Defendant's Revised Privilege Log for the purposes of an in camera review to determine whether the documents were protected by the attorney-client privilege. The Court concludes that all of the eighteen (18) documents are privileged and the Court declines Plaintiff's request to compel disclosure of the same. Accordingly, Defendant's under seal submission (ECF No. 45) shall be immediately STRICKEN/REMOVED from CMCEF. Signed by Magistrate Judge Lawrence R. Leonard and filed on 9/21/17. (tbro)
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Legal Document (Payment Possibly Required) 66 Filed: 9/21/2017, Entered: 9/21/2017
EXHIBIT Corrected Certificate by Clean Harbors Industrial Services, Inc... (Miller, Jeffrey)
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Legal Document (Payment Possibly Required)  Filed: 9/20/2017, Entered: None Unknown Document Type
Set/Reset Deadlines as to 55 MOTION for Sanctions against Defendant Clean Harbors Environmental Services, Inc., 48 MOTION to Continue Trial. Motion Hearing set for 9/21/2017 at 02:30 PM in Norfolk Mag Courtroom 2 before Magistrate Judge Lawrence R. Leonard. (afor)
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Legal Document (Payment Possibly Required) 65 Filed: 9/21/2017, Entered: 9/21/2017
EXHIBIT Corrected Certificate by Clean Harbors Environmental Services, Inc... (Miller, Jeffrey)
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Legal Document (Payment Possibly Required) 64 Filed: 9/20/2017, Entered: 9/20/2017
Memorandum in Opposition re 55 MOTION for Sanctions against Defendant Clean Harbors Environmental Services, Inc. REVISED filed by Clean Harbors Environmental Services, Inc.. (Miller, Jeffrey)
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Legal Document (Payment Possibly Required) 63 Filed: 9/20/2017, Entered: 9/20/2017
Rebuttal Brief re 48 MOTION to Continue Trial filed by Clean Harbors Industrial Services, Inc.. (Attachments: # 1 Exhibit Exhibit A.)(Miller, Jeffrey)
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Legal Document (Payment Possibly Required) 62 Filed: 9/20/2017, Entered: 9/20/2017
Memorandum in Opposition re 55 MOTION for Sanctions against Defendant Clean Harbors Environmental Services, Inc. filed by Clean Harbors Environmental Services, Inc.. (Miller, Jeffrey)
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Legal Document (Payment Possibly Required) 61 Filed: 9/19/2017, Entered: 9/19/2017
Memorandum in Opposition re 35 MOTION in Limine to Exclude Testimony of Alleged Malingering and/or Exaggeration or Feigning of Symptoms filed by Clean Harbors Industrial Services, Inc.. (Attachments: # 1 Exhibit Expert Designations Ex. A, # 2 Exhibit Dr. Kreutzer Report Ex. B)(Miller, Jeffrey)
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Legal Document (Payment Possibly Required) 60 Filed: 9/19/2017, Entered: 9/19/2017 Court Filing
ORDER Setting Hearing: The parties are ORDERED to appear on Thursday, September 21, 2017 at 2:30 p.m. in Norfolk for a hearing on ECF Nos. 48 and 55 . Additionally, the "in-house counsel" identified in Plaintiffs Memorandum of Law in Support of Plaintiffs Motion to Compel Discovery Responses is ORDERED to personally appear for said hearing. See ECF No. 30 at 5. The parties are further directed, if they have not already, to file their responses to the subject motions by no later than close of business on Wednesday, September 20,2017. Signed by Magistrate Judge Lawrence R. Leonard and filed on 9/19/17. (tbro)
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Legal Document (Payment Possibly Required) 59 Filed: 9/19/2017, Entered: 9/19/2017
Memorandum in Opposition re 48 MOTION to Continue Trial filed by 1A5617C. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mottley, Kevin)
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Legal Document (Payment Possibly Required)  Filed: 9/18/2017, Entered: None Unknown Document Type
MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. 48 MOTION to Continue Trial, 50 MOTION to Expedite Hearing (tbro)
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Legal Document (Payment Possibly Required) 58 Filed: 9/18/2017, Entered: 9/18/2017
Brief in Support to 57 MOTION to Expedite Hearing on Rule 37(b) Motion and Motion for Entry of Order filed by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 57 Filed: 9/18/2017, Entered: 9/18/2017
MOTION to Expedite Hearing on Rule 37(b) Motion and Motion for Entry of Order by 1A5617C. (Mottley, Kevin) (Main Document 57 replaced on 9/19/2017) (tbro, ).
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Legal Document (Payment Possibly Required) 56 Filed: 9/18/2017, Entered: 9/18/2017
Brief in Support to 55 MOTION for Sanctions against Defendant Clean Harbors Environmental Services, Inc. filed by 1A5617C. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mottley, Kevin)
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Legal Document (Payment Possibly Required) 55 Filed: 9/18/2017, Entered: 9/18/2017
MOTION for Sanctions against Defendant Clean Harbors Environmental Services, Inc. by 1A5617C. (Attachments: # 1 Exhibit A)(Mottley, Kevin)
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Legal Document (Payment Possibly Required) 54 Filed: 9/15/2017, Entered: 9/15/2017
ANSWER to Second Amended Complaint by DB972D7.(Jackson, Gretchen)
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Legal Document (Payment Possibly Required) 53 Filed: 9/15/2017, Entered: 9/15/2017
Memorandum in Support re 52 MOTION to Dismiss filed by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 52 Filed: 9/15/2017, Entered: 9/15/2017
MOTION to Dismiss by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 51 Filed: 9/15/2017, Entered: 9/15/2017
Memorandum in Support re 50 MOTION to Expedite Hearing filed by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 50 Filed: 9/15/2017, Entered: 9/15/2017
MOTION to Expedite Hearing by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 49 Filed: 9/15/2017, Entered: 9/15/2017
Memorandum in Support re 48 MOTION to Continue Trial filed by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 48 Filed: 9/15/2017, Entered: 9/15/2017
MOTION to Continue Trial by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 47 Filed: 9/15/2017, Entered: 9/15/2017
ANSWER to Complaint Plaintiff's Second Amended by Clean Harbors Industrial Services, Inc..(Blain, Lynne)
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Legal Document (Payment Possibly Required) 46 Filed: 9/15/2017, Entered: 9/15/2017 Court Filing
TRANSCRIPT of proceedings held on 9-8-2017, before Judge Lawrence R. Leonard, 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 10/16/2017. Redacted Transcript Deadline set for 11/15/2017. Release of Transcript Restriction set for 12/14/2017.(stewart, jody)
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Sealed Legal Document 45 Filed: 9/13/2017, Entered: 9/13/2017
Sealed Document re 40 Omnibus Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Amend/Correct. (Blain, Lynne) Modified on 9/22/2017 - filing removed pursuant to the Supplemental Omnibus Order of Court, ECF 67 (tbro)
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Legal Document (Payment Possibly Required) 43 Filed: 9/12/2017, Entered: 9/12/2017
Summons Issued on Second Amended Complaint as to Clean Harbors Environmental Services, Inc. NOTICE TO ATTORNEY: Print out two electronically issued summons (epri)
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Legal Document (Payment Possibly Required)  Filed: 9/8/2017, Entered: None Unknown Document Type
MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. 29 MOTION to Compel Discovery Responses (tbro)
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Legal Document (Payment Possibly Required) 42 Filed: 9/12/2017, Entered: 9/12/2017
Proposed Summons re 41 Amended Complaint (Second) to Serve on Defendant Clean Harbors Environmental Services, Inc. by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 40 Filed: 9/11/2017, Entered: 9/11/2017 Court Filing
OMNIBUS ORDER denying 26 Motion for Protective Order Motion to Quash Notice of B6 Depo and Objections to Topics; granting 29 Motion to Compel Discovery Responses; granting 32 Motion for Extension of Time to Complete Discovery; granting 22 Motion to Amend/Correct 14 Amended Complaint; denying 24 Motion for Protective Order Motion to Quash Notice of B6 Depo & Objections to Topics Contained in 30(B)(6) Depo Notice. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Lawrence R. Leonard and filed on 9/11/17. (tbro)
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Legal Document (Payment Possibly Required) 44 Filed: 9/8/2017, Entered: 9/13/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Lawrence R. Leonard:Motion Hearing held on 9/8/2017 re 29 MOTION to Compel Discovery Responses filed by 1A5617C, 26 MOTION for Protective Order Motion to Quash Notice of B6 Depo and Objections to Topics filed by Clean Harbors Industrial Services, Inc., 22 MOTION to Amend/Correct 14 Amended Complaint filed by 1A5617C, 32 MOTION for Extension of Time to Complete Discovery for Plaintiff filed by 1A5617C, 24 MOTION for Protective Order Motion to Quash Notice of B6 Depo & Objections to Topics Contained in 30(B)(6) Depo Notice filed by Clean Harbors Environmental Services, Inc.. Proceedings: Matter came on for hearing on pending discovery motions (#22 to amend, #24 forprotective order/to quash; #26 for protective order/to quash; #29 to compel and #32for extension of time to complete discovery. Present were David Holt, Kevin Mottley and Stephen Smith on behalf of the plaintiffs. Gretchen Jackson present on behalf of defendant DB972D7. Lynne Blain and Michael Harman present on behalf of defendants Clean Harbors Industrial Services, Inc. Argument and responses presented. Court made rulings on the record.Court granted the motion to amend and the amended complaint is to be deemed filed as of 9/8/17. Opposing counsel shall file responses/answer by 9/15/17 and response, if any, shall be due by 9/22/17. Rebuttal shall be due by 9/25/17.Court denied the motions to quash and granted the motions to compel and the motionfor extension of time to complete discovery.The Court will issue an order.Counsel are to submit a proposed scheduling order to the court to include a new datefor the final pretrial conference after clearing that date with the courtroom deputy.Court adjourned. (Court Reporter Jody Stewart.)(cdod, )
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Legal Document (Payment Possibly Required)  Filed: 9/7/2017, Entered: None Unknown Document Type
MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. 26 MOTION for Protective Order Motion to Quash Notice of B6 Depo and Objections to Topics (tbro)
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Legal Document (Payment Possibly Required) 41 Filed: 9/8/2017, Entered: 9/11/2017
SECOND AMENDED COMPLAINT against Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc., DB972D7, filed by 1A5617C.(tbro)
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Legal Document (Payment Possibly Required)  Filed: 9/5/2017, Entered: None Unknown Document Type
Set Deadlines as to 22 MOTION to Amend/Correct 14 Amended Complaint, 26 MOTION for Protective Order Motion to Quash Notice of B6 Depo and Objections to Topics, 29 MOTION to Compel Discovery Responses, 24 MOTION for Protective Order Motion to Quash Notice of B6 Depo & Objections to Topics Contained in 30(B)(6) Depo Notice, 32 MOTION for Extension of Time to Complete Discovery for Plaintiff. Motion Hearing set for 9/8/2017 at 03:00 PM in Norfolk Mag Courtroom 2 before Magistrate Judge Lawrence R. Leonard. (cdod, )
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Legal Document (Payment Possibly Required) 39 Filed: 9/8/2017, Entered: 9/8/2017
Rebuttal Brief re 29 MOTION to Compel Discovery Responses filed by 1A5617C. (Kyber, Benjamin)
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Legal Document (Payment Possibly Required)  Filed: 9/5/2017, Entered: None Unknown Document Type
MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. 22 MOTION to Amend/Correct 14 Amended Complaint (tbro)
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Legal Document (Payment Possibly Required) 38 Filed: 9/7/2017, Entered: 9/7/2017
RESPONSE to Motion re 29 MOTION to Compel Discovery Responses filed by Clean Harbors Industrial Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 37 Filed: 9/6/2017, Entered: 9/6/2017
Rebuttal Brief re 26 MOTION for Protective Order Motion to Quash Notice of B6 Depo and Objections to Topics, 24 MOTION for Protective Order Motion to Quash Notice of B6 Depo & Objections to Topics Contained in 30(B)(6) Depo Notice filed by Clean Harbors Industrial Services, Inc.. (Miller, Jeffrey)
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Blank  Filed: 9/5/2017, Entered: 9/5/2017
Set Deadlines as to 22 MOTION to Amend/Correct 14 Amended Complaint , 26 MOTION for Protective Order Motion to Quash Notice of B6 Depo and Objections to Topics, 29 MOTION to Compel Discovery Responses, 24 MOTION for Protective Order Motion to Quash Notice of B6 Depo & Objections to Topics Contained in 30(B)(6) Depo Notice, 32 MOTION for Extension of Time to Complete Discovery for Plaintiff. Motion Hearing set for 9/8/2017 at 03:00 PM in Norfolk Mag Courtroom 2 before Magistrate Judge Lawrence R. Leonard. (cdod, )
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Legal Document (Payment Possibly Required) 36 Filed: 9/5/2017, Entered: 9/5/2017
Memorandum in Support re 35 MOTION in Limine to Exclude Testimony of Alleged Malingering and/or Exaggeration or Feigning of Symptoms filed by 1A5617C. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kyber, Benjamin)
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Legal Document (Payment Possibly Required) 35 Filed: 9/5/2017, Entered: 9/5/2017
MOTION in Limine to Exclude Testimony of Alleged Malingering and/or Exaggeration or Feigning of Symptoms by 1A5617C. (Kyber, Benjamin)
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Legal Document (Payment Possibly Required) 34 Filed: 9/2/2017, Entered: 9/2/2017
Rebuttal Brief re 22 MOTION to Amend/Correct 14 Amended Complaint filed by 1A5617C. (Kyber, Benjamin)
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Legal Document (Payment Possibly Required) 33 Filed: 8/31/2017, Entered: 8/31/2017
Brief in Support to 32 MOTION for Extension of Time to Complete Discovery for Plaintiff filed by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 32 Filed: 8/31/2017, Entered: 8/31/2017
MOTION for Extension of Time to Complete Discovery for Plaintiff by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 31 Filed: 8/31/2017, Entered: 8/31/2017
Opposition to 26 MOTION for Protective Order Motion to Quash Notice of B6 Depo and Objections to Topics, 24 MOTION for Protective Order Motion to Quash Notice of B6 Depo & Objections to Topics Contained in 30(B)(6) Depo Notice filed by 1A5617C. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Mottley, Kevin)
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Legal Document (Payment Possibly Required) 30 Filed: 8/31/2017, Entered: 8/31/2017
Brief in Support to 29 MOTION to Compel Discovery Responses filed by 1A5617C. (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)(Mottley, Kevin)
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Legal Document (Payment Possibly Required) 29 Filed: 8/31/2017, Entered: 8/31/2017
MOTION to Compel Discovery Responses by 1A5617C. (Mottley, Kevin)
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Legal Document (Payment Possibly Required) 28 Filed: 8/29/2017, Entered: 8/29/2017
Memorandum in Opposition re 22 MOTION to Amend/Correct 14 Amended Complaint filed by Clean Harbors Environmental Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required) 27 Filed: 8/29/2017, Entered: 8/29/2017
Memorandum in Support re 26 MOTION for Protective Order Motion to Quash Notice of B6 Depo and Objections to Topics filed by Clean Harbors Industrial Services, Inc.. (Attachments: # 1 Exhibit A - Notice of Depo)(Blain, Lynne)
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Legal Document (Payment Possibly Required) 26 Filed: 8/29/2017, Entered: 8/29/2017
MOTION for Protective Order Motion to Quash Notice of B6 Depo and Objections to Topics by Clean Harbors Industrial Services, Inc.. (Attachments: # 1 Exhibit 1 - Notice of B6 Depo)(Blain, Lynne)
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Legal Document (Payment Possibly Required) 25 Filed: 8/25/2017, Entered: 8/25/2017
Memorandum in Support re 24 MOTION for Protective Order Motion to Quash Notice of B6 Depo & Objections to Topics Contained in 30(B)(6) Depo Notice filed by Clean Harbors Environmental Services, Inc.. (Blain, Lynne)
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Legal Document (Payment Possibly Required)  Filed: 7/10/2017, Entered: None Unknown Document Type
MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. 20 MOTION Order Permitting Rule 35 Examination (tbro)
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Legal Document (Payment Possibly Required) 24 Filed: 8/25/2017, Entered: 8/25/2017
MOTION for Protective Order Motion to Quash Notice of B6 Depo & Objections to Topics Contained in 30(B)(6) Depo Notice by Clean Harbors Environmental Services, Inc.. (Attachments: # 1 Exhibit A - Notice of Rule 30(b)(6) Deposition)(Blain, Lynne)
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Legal Document (Payment Possibly Required) 23 Filed: 8/15/2017, Entered: 8/15/2017
Brief in Support to 22 MOTION to Amend/Correct 14 Amended Complaint filed by 1A5617C. (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)(Mottley, Kevin)
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Legal Document (Payment Possibly Required) 22 Filed: 8/15/2017, Entered: 8/15/2017
MOTION to Amend/Correct 14 Amended Complaint by 1A5617C. (Attachments: # 1 Exhibit A)(Mottley, Kevin)
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Legal Document (Payment Possibly Required)  Filed: 7/5/2017, Entered: None Unknown Document Type
MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard. 17 Consent MOTION for Extension of Time to Complete Discovery (tbro)
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Legal Document (Payment Possibly Required) 21 Filed: 7/11/2017, Entered: 7/11/2017 Court Filing
ORDER granting 20 Motion Permitting Rule 35 Examination by Clean Harbors Industrial Services, Inc.. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Lawrence R. Leonard and filed on 7/11/17. (tbro)
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Legal Document (Payment Possibly Required) 20 Filed: 7/10/2017, Entered: 7/10/2017
MOTION Order Permitting Rule 35 Examination by Clean Harbors Industrial Services, Inc.. (Attachments: # 1 Exhibit Exhibit A - Consent Order)(Miller, Jeffrey)
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Legal Document (Payment Possibly Required) 19 Filed: 7/6/2017, Entered: 7/6/2017 Court Filing
ORDER granting 17 Consent Motion for Extension of Time to Complete Discovery. The Rule 16(b) Scheduling Order is hereby amended to provide that all parties have until September 5, 2017 to complete all non-expert discovery, and to remove the August 8, 2017 deadline for the plaintiff. Signed by Magistrate Judge Lawrence R. Leonard and filed on 7/6/17. (tbro)
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Legal Document (Payment Possibly Required) 18 Filed: 7/5/2017, Entered: 7/5/2017
Memorandum in Support re 17 Consent MOTION for Extension of Time to Complete Discovery filed by 1A5617C. (Kyber, Benjamin)
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Legal Document (Payment Possibly Required) 17 Filed: 7/5/2017, Entered: 7/5/2017
Consent MOTION for Extension of Time to Complete Discovery by 1A5617C. (Attachments: # 1 Proposed Order Exhibit A)(Kyber, Benjamin)
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Legal Document (Payment Possibly Required)  Filed: 1/24/2017, Entered: None Unknown Document Type
Case Reassigned to Magistrate Judge Lawrence R. Leonard. District Judge Henry C. Morgan, Jr. no longer assigned to the case. (bgra)
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Legal Document (Payment Possibly Required) 16 Filed: 5/24/2017, Entered: 5/24/2017
ANSWER to Complaint by DB972D7.(Jackson, Gretchen)
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Legal Document (Payment Possibly Required) 15 Filed: 5/16/2017, Entered: 5/16/2017
ANSWER to Complaint by Clean Harbors Environmental Services, Inc., Clean Harbors Industrial Services, Inc..(Blain, Lynne)
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Legal Document (Payment Possibly Required) 14 Filed: 5/11/2017, Entered: 5/11/2017
AMENDED COMPLAINT against All Defendants, filed by 1A5617C.(Mottley, Kevin)
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Legal Document (Payment Possibly Required) 13 Filed: 5/11/2017, Entered: 5/11/2017
STIPULATION and Consent to Filing of Amended Complaint Pursuant to Fed. R. Civ. P. 15(a)(2) by 1A5617C. (Attachments: # 1 Exhibit A)(Mottley, Kevin)
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Legal Document (Payment Possibly Required)  Filed: 1/17/2017, Entered: None Unknown Document Type
Rule 16b Scheduling Conference held on 1/17/2017. David B. Holt, Kevin Mottley and Stephen Smith appeared for the Plaintiff. Gretchen A. Jackson appeared for Defendant Donatto. Lynne Blain appeared for Defendant Clean Harbors Environmental Services, Inc. (lbax, ) Modified on 1/20/2017 to add counsel (lbax, ).
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Legal Document (Payment Possibly Required) 12 Filed: 1/24/2017, Entered: 1/24/2017 Court Filing
ORDER OF REFERRAL: It is hereby ORDERED that this case be referred to The Honorable Lawrence R. Leonard, United States Magistrate Judge, to conduct any and all further proceedings in this case, including trial, and order the entry of a final judgment. Copy of Order provided to all counsel of record and to the Calendar Clerks and chambers for Judges Morgan and Leonard. Signed by District Judge Henry C. Morgan, Jr on 1/23/2017. (bgra)
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Legal Document (Payment Possibly Required)  Filed: 12/27/2016, Entered: None Unknown Document Type
Rule 16(b) Scheduling Conference set for 1/17/2017 at 10:30 AM in Norfolk Conference Room 3 (outside Mag 2). (lbax, )
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Legal Document (Payment Possibly Required) 11 Filed: 1/24/2017, Entered: 1/24/2017 Court Filing
RULE 16(b) SCHEDULING ORDER: Final Pretrial Conference set for 9/28/2017 at 11:00 AM in Norfolk Judges Chamber; Jury Trial set for 10/17/2017 at 10:00 AM in Newport News Courtroom 1 before Magistrate Judge Lawrence R. Leonard. Signed by District Judge Henry C. Morgan, Jr. on 1/23/17 and filed 1/24/17. (lbax, )
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Legal Document (Payment Possibly Required) 10 Filed: 1/17/2017, Entered: 1/20/2017 Court Filing
CONSENT to Jurisdiction by United States Magistrate Judge by Clean Harbors Environmental Services, Inc., DB972D7, 1A5617C. (lbax, )
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Legal Document (Payment Possibly Required)  Filed: 12/13/2016, Entered: None Unknown Document Type
Refer for 16(b) (tbro)
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Blank  Filed: 1/17/2017, Entered: 1/20/2017
Rule 16b Scheduling Conference held on 1/17/2017. David B. Holt, Kevin Mottley and Stephen Smith appeared for the Plaintiff. Gretchen A. Jackson appeared for Defendant DB972D7. Lynne Blain appeared for Defendant Clean Harbors Environmental Services, Inc. (lbax, ) Modified on 1/20/2017 to add counsel (lbax, ).
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Legal Document (Payment Possibly Required) 9 Filed: 1/17/2017, Entered: 1/17/2017
NOTICE of Appearance by David Barnes Holt on behalf of 1A5617C (Holt, David)
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Legal Document (Payment Possibly Required)  Filed: 12/9/2016, Entered: None Unknown Document Type
Notice of Correction re ECF 6 Rule 26 Disclosure: Document 6 is a discovery document. Pursuant to FRCP 5(d) and/or the Rule 16(b) Scheduling Order discovery material is not to be filed. (tbro)
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Legal Document (Payment Possibly Required) 8 Filed: 12/14/2016, Entered: 12/14/2016 Court Filing
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 1/12/2017 at 11:30 AM in Norfolk Conference Room 3 (outside Mag 2). Signed by Magistrate Judge Lawrence R. Leonard on 12/14/16 and filed 12/14/16. (lbax, )
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Legal Document (Payment Possibly Required) 7 Filed: 12/12/2016, Entered: 12/12/2016
COPY OF ANSWER to Complaint (Notice of Removal) by DB972D7.(Jackson, Gretchen)
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Legal Document (Payment Possibly Required) 6 Filed: 12/8/2016, Entered: 12/8/2016
Rule 26 Disclosure by DB972D7. (Attachments: # 1 Exhibit)(Jackson, Gretchen)
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Legal Document (Payment Possibly Required) 5 Filed: 11/2/2016, Entered: 11/2/2016
NOTICE by DB972D7 of Consent to Removal (Jackson, Gretchen)
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Legal Document (Payment Possibly Required) 4 Filed: 10/24/2016, Entered: 10/25/2016 Court Filing
Magistrate Judge Notice and Judge's Information to counsel. (epri)
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Legal Document (Payment Possibly Required) 3 Filed: 10/24/2016, Entered: 10/25/2016
Financial Interest Disclosure Statement (Local Rule 7.1) by Clean Harbors Environmental Services, Inc. (epri)
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Legal Document (Payment Possibly Required) 2 Filed: 10/24/2016, Entered: 10/25/2016
COPY OF ANSWER to Complaint (Notice of Removal) by Clean Harbors Environmental Services, Inc. (epri)
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Legal Document (Payment Possibly Required) 1 Filed: 10/24/2016, Entered: 10/25/2016
NOTICE OF REMOVAL from Newport News Circuit Court, case number CL1602430B-04 ( Filing fee $ 400, receipt number 0422-5218389.), filed by Clean Harbors Environmental Services, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(epri)
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