Oral ORDER granting [124] Motion for Discovery. Entered by Magistrate Judge Joel C. Hoppe on 4/6/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)
133
Filed: 4/6/2021, Entered: 4/6/2021
Notice of hearing
NOTICE of Telephonic Hearing: (N) Status Conference Call set for 5/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 134 Filed & Entered: 04/06/2021
Order on Motion for Discovery
Oral ORDER granting [124] Motion for Discovery. Entered by Magistrate Judge Joel C. Hoppe on 4/6/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Motion Hearing held on 4/6/2021 re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule filed by Kieran Ravi Bhattacharya. (AT&T Conference Manager: Karen Dotson) (kld)
Log Notes for Motion Hearing in the Harrisonburg Division held before Judge Joel C. Hoppe on 4/6/21. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. AT&T Conference Manager: Karen Dotson (kld)
Order on Motion to dismiss for failure to state a claim
ORDER granting in part and denying in part [112] Motion to Dismiss for Failure to State a Claim. The Court GRANTS Defendants' motion to dismiss Counts II, III, and IV and DISMISSES Counts II, III, and IV with prejudice. The Court DENIES Defendants' motion to dismiss Count I. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw)
Reply re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule, [125] Brief / Memorandum in Support, of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack)
NOTICE of Telephonic Hearing on Motion [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule : (FTR) Telephonic Motion Hearing set for 4/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 128 Filed & Entered: 03/31/2021
Reply Reply re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule, [125] Brief / Memorandum in Support, of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 129 Filed & Entered: 03/31/2021
Memorandum Opinion MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 130 Filed & Entered: 03/31/2021
Order on Motion to Dismiss for Failure to State a Claim ORDER granting in part and denying in part [112] Motion to Dismiss for Failure to State a Claim. The Court GRANTS Defendants' motion to dismiss Counts II, III, and IV and DISMISSES Counts II, III, and IV with prejudice. The Court DENIES Defendants' motion to dismiss Count I. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 131 Filed & Entered: 04/06/2021
FTR Log Notes with Certificate
Log Notes for Motion Hearing in the Harrisonburg Division held before Judge Joel C. Hoppe on 4/6/21. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. AT&T Conference Manager: Karen Dotson (kld) 132 Filed & Entered: 04/06/2021
Motion Hearing
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Motion Hearing held on 4/6/2021 re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule filed by Kieran Ravi Bhattacharya. (AT&T Conference Manager: Karen Dotson) (kld) 133 Filed & Entered: 04/06/2021
Notice of Hearing
NOTICE of Telephonic Hearing: (N) Status Conference Call set for 5/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 134 Filed & Entered: 04/06/2021
Order on Motion for Discovery
Oral ORDER granting [124] Motion for Discovery. Entered by Magistrate Judge Joel C. Hoppe on 4/6/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)
Brief / Memorandum in Opposition re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline)
Brief / Memorandum in Support re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery SchedulePlaintiff's Memorandum in Support of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack)
MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Haake, Jack)
Notice of Cancellation of March 1-3, 2021 Jury Trial (No Interpreter requested) (Cancel Court Reporter) (hnw)
122
Filed: 2/8/2021, Entered: 2/8/2021
Order
Oral ORDER cancelling the jury trial currently set for March 1-3, 2021 at 9:30 AM, in light of W.D. Va. Second Amended Standing Order No. 2020-10 and 2020-14. Courtroom Deputy Heidi Wheeler will contact the parties to reschedule a trial in this case. Entered by Senior Judge Norman K. Moon on 02/08/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(dg)
Filed: None, Entered: None
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking your account can be found by clicking here. Remember you cannot link your accounts until on or after the court goes live on NextGen October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
Filed: None, Entered: None
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at https://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
Filed: None, Entered: None
Notice - Other
IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800-676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information. (mzc) (ADI)
121
Filed: 6/30/2020, Entered: 6/30/2020
Notice Rescheduling Hearing
Notice Rescheduling Hearing pursuant to Standing Order No. 2020-14 entered June 8, 2020 in the matter of Court Operations Under the Exigent Circumstances Created by COVID-19: Phase I Reopening, (CR) (No Interpreter requested) Jury Trial previously set for July 22-24, 2020 at 9:30 a.m. before Judge Norman K. Moon in Charlottesville: Jury Trial RESET for March 1-3, 2021 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw) Filed & Entered: 09/21/2020
Notice (Other)
IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800-676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information. (mzc) (ADI) Filed & Entered: 09/29/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at https://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) Filed & Entered: 10/05/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking your account can be found by clicking here. Remember you cannot link your accounts until on or after the court goes live on NextGen October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc) 122 Filed & Entered: 02/08/2021
Order
Oral ORDER cancelling the jury trial currently set for March 1-3, 2021 at 9:30 AM, in light of W.D. Va. Second Amended Standing Order No. 2020-10 and 2020-14. Courtroom Deputy Heidi Wheeler will contact the parties to reschedule a trial in this case. Entered by Senior Judge Norman K. Moon on 02/08/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(dg) 123 Filed & Entered: 02/08/2021
Notice of Cancellation of Hearing
Notice of Cancellation of March 1-3, 2021 Jury Trial (No Interpreter requested) (Cancel Court Reporter) (hnw) 124 Filed & Entered: 03/11/2021Terminated: 04/06/2021
Motion for Discovery MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Haake, Jack) 125 Filed & Entered: 03/11/2021
Brief / Memorandum in Support Brief / Memorandum in Support re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery SchedulePlaintiff's Memorandum in Support of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 126 Filed & Entered: 03/25/2021
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 127 Filed & Entered: 03/26/2021
Notice of Hearing on Motion
NOTICE of Telephonic Hearing on Motion [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule : (FTR) Telephonic Motion Hearing set for 4/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 128 Filed & Entered: 03/31/2021
Reply Reply re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule, [125] Brief / Memorandum in Support, of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 129 Filed & Entered: 03/31/2021
Memorandum Opinion MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 130 Filed & Entered: 03/31/2021
Order on Motion to Dismiss for Failure to State a Claim ORDER granting in part and denying in part [112] Motion to Dismiss for Failure to State a Claim. The Court GRANTS Defendants' motion to dismiss Counts II, III, and IV and DISMISSES Counts II, III, and IV with prejudice. The Court DENIES Defendants' motion to dismiss Count I. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 131 Filed & Entered: 04/06/2021
FTR Log Notes with Certificate
Log Notes for Motion Hearing in the Harrisonburg Division held before Judge Joel C. Hoppe on 4/6/21. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. AT&T Conference Manager: Karen Dotson (kld) 132 Filed & Entered: 04/06/2021
Motion Hearing
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Motion Hearing held on 4/6/2021 re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule filed by Kieran Ravi Bhattacharya. (AT&T Conference Manager: Karen Dotson) (kld) 133 Filed & Entered: 04/06/2021
Notice of Hearing
NOTICE of Telephonic Hearing: (N) Status Conference Call set for 5/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 134 Filed & Entered: 04/06/2021
Order on Motion for Discovery
Oral ORDER granting [124] Motion for Discovery. Entered by Magistrate Judge Joel C. Hoppe on 4/6/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)
Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 6/24/2020 re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Christine Peterson, Robert D. Hardie, Maurice A. Jones, Whittington W. Clement, Mark T. Bowles, Sara K. Rasmussen, John A. Griffin, Robert M. Blue, John J. Densmore, Timonty Longo, Sr., Peter C. Brunjes, Louis S. Haddad, James V. Reyes, Barbara J. Fried, Nora Kern, Babur B. Lateef, C. Evans Poston, Jr., Angela Hucles Mangano, James B. Murray, Jr., Melissa Fielding, L. D. Britt, Jim B. Tucker, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale. (Court Reporter: Mary Butenschoen) (hnw)
NOTICE Rescheduling Hearing on Motion [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint(CR)(No Interpreter requested) previously set for June 24, 2020 at 11:00 a.m. before Judge Norman K. Moon in Charlottesville:TELEPHONIC Motion Hearing NOW SET for June 24, 2020 11:00 AM in Charlottesville before Senior Judge Norman K. Moon. Parties will receive an email with dial in instructions. (hnw) 120 Filed & Entered: 06/24/2020
Motion Hearing
Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 6/24/2020 re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Christine Peterson, Robert D. Hardie, Maurice A. Jones, Whittington W. Clement, Mark T. Bowles, Sara K. Rasmussen, John A. Griffin, Robert M. Blue, John J. Densmore, Timonty Longo, Sr., Peter C. Brunjes, Louis S. Haddad, James V. Reyes, Barbara J. Fried, Nora Kern, Babur B. Lateef, C. Evans Poston, Jr., Angela Hucles Mangano, James B. Murray, Jr., Melissa Fielding, L. D. Britt, Jim B. Tucker, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale. (Court Reporter: Mary Butenschoen) (hnw) 121 Filed & Entered: 06/30/2020
Notice Rescheduling Hearing
Notice Rescheduling Hearing pursuant to Standing Order No. 2020-14 entered June 8, 2020 in the matter of Court Operations Under the Exigent Circumstances Created by COVID-19: Phase I Reopening, (CR) (No Interpreter requested) Jury Trial previously set for July 22-24, 2020 at 9:30 a.m. before Judge Norman K. Moon in Charlottesville: Jury Trial RESET for March 1-3, 2021 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw) Filed & Entered: 09/21/2020
Notice (Other)
IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800-676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information. (mzc) (ADI) Filed & Entered: 09/29/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at https://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) Filed & Entered: 10/05/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking your account can be found by clicking here. Remember you cannot link your accounts until on or after the court goes live on NextGen October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc) 122 Filed & Entered: 02/08/2021
Order
Oral ORDER cancelling the jury trial currently set for March 1-3, 2021 at 9:30 AM, in light of W.D. Va. Second Amended Standing Order No. 2020-10 and 2020-14. Courtroom Deputy Heidi Wheeler will contact the parties to reschedule a trial in this case. Entered by Senior Judge Norman K. Moon on 02/08/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(dg) 123 Filed & Entered: 02/08/2021
Notice of Cancellation of Hearing
Notice of Cancellation of March 1-3, 2021 Jury Trial (No Interpreter requested) (Cancel Court Reporter) (hnw) 124 Filed & Entered: 03/11/2021Terminated: 04/06/2021
Motion for Discovery MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Haake, Jack) 125 Filed & Entered: 03/11/2021
Brief / Memorandum in Support Brief / Memorandum in Support re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery SchedulePlaintiff's Memorandum in Support of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 126 Filed & Entered: 03/25/2021
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 127 Filed & Entered: 03/26/2021
Notice of Hearing on Motion
NOTICE of Telephonic Hearing on Motion [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule : (FTR) Telephonic Motion Hearing set for 4/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 128 Filed & Entered: 03/31/2021
Reply Reply re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule, [125] Brief / Memorandum in Support, of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 129 Filed & Entered: 03/31/2021
Memorandum Opinion MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 130 Filed & Entered: 03/31/2021
Order on Motion to Dismiss for Failure to State a Claim ORDER granting in part and denying in part [112] Motion to Dismiss for Failure to State a Claim. The Court GRANTS Defendants' motion to dismiss Counts II, III, and IV and DISMISSES Counts II, III, and IV with prejudice. The Court DENIES Defendants' motion to dismiss Count I. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 131 Filed & Entered: 04/06/2021
FTR Log Notes with Certificate
Log Notes for Motion Hearing in the Harrisonburg Division held before Judge Joel C. Hoppe on 4/6/21. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. AT&T Conference Manager: Karen Dotson (kld) 132 Filed & Entered: 04/06/2021
Motion Hearing
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Motion Hearing held on 4/6/2021 re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule filed by Kieran Ravi Bhattacharya. (AT&T Conference Manager: Karen Dotson) (kld) 133 Filed & Entered: 04/06/2021
Notice of Hearing
NOTICE of Telephonic Hearing: (N) Status Conference Call set for 5/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 134 Filed & Entered: 04/06/2021
Order on Motion for Discovery
Oral ORDER granting [124] Motion for Discovery. Entered by Magistrate Judge Joel C. Hoppe on 4/6/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)
NOTICE of Appearance by Calvin Cameron Brown on behalf of Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker (Brown, Calvin)
NOTICE of Hearing on Motion [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint : (CR) (No Interpreter requested) Motion Hearing set for 6/24/2020 11:00 AM in Charlottesville before Senior Judge Norman K. Moon. (hnw) 118 Filed & Entered: 04/22/2020
Notice of Appearance
NOTICE of Appearance by Calvin Cameron Brown on behalf of Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker (Brown, Calvin) 119 Filed & Entered: 06/16/2020
Notice Rescheduling Hearing on Motion
NOTICE Rescheduling Hearing on Motion [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint(CR)(No Interpreter requested) previously set for June 24, 2020 at 11:00 a.m. before Judge Norman K. Moon in Charlottesville:TELEPHONIC Motion Hearing NOW SET for June 24, 2020 11:00 AM in Charlottesville before Senior Judge Norman K. Moon. Parties will receive an email with dial in instructions. (hnw) 120 Filed & Entered: 06/24/2020
Motion Hearing
Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 6/24/2020 re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Christine Peterson, Robert D. Hardie, Maurice A. Jones, Whittington W. Clement, Mark T. Bowles, Sara K. Rasmussen, John A. Griffin, Robert M. Blue, John J. Densmore, Timonty Longo, Sr., Peter C. Brunjes, Louis S. Haddad, James V. Reyes, Barbara J. Fried, Nora Kern, Babur B. Lateef, C. Evans Poston, Jr., Angela Hucles Mangano, James B. Murray, Jr., Melissa Fielding, L. D. Britt, Jim B. Tucker, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale. (Court Reporter: Mary Butenschoen) (hnw) 121 Filed & Entered: 06/30/2020
Notice Rescheduling Hearing
Notice Rescheduling Hearing pursuant to Standing Order No. 2020-14 entered June 8, 2020 in the matter of Court Operations Under the Exigent Circumstances Created by COVID-19: Phase I Reopening, (CR) (No Interpreter requested) Jury Trial previously set for July 22-24, 2020 at 9:30 a.m. before Judge Norman K. Moon in Charlottesville: Jury Trial RESET for March 1-3, 2021 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw) Filed & Entered: 09/21/2020
Notice (Other)
IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800-676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information. (mzc) (ADI) Filed & Entered: 09/29/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at https://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) Filed & Entered: 10/05/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking your account can be found by clicking here. Remember you cannot link your accounts until on or after the court goes live on NextGen October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc) 122 Filed & Entered: 02/08/2021
Order
Oral ORDER cancelling the jury trial currently set for March 1-3, 2021 at 9:30 AM, in light of W.D. Va. Second Amended Standing Order No. 2020-10 and 2020-14. Courtroom Deputy Heidi Wheeler will contact the parties to reschedule a trial in this case. Entered by Senior Judge Norman K. Moon on 02/08/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(dg) 123 Filed & Entered: 02/08/2021
Notice of Cancellation of Hearing
Notice of Cancellation of March 1-3, 2021 Jury Trial (No Interpreter requested) (Cancel Court Reporter) (hnw) 124 Filed & Entered: 03/11/2021Terminated: 04/06/2021
Motion for Discovery MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Haake, Jack) 125 Filed & Entered: 03/11/2021
Brief / Memorandum in Support Brief / Memorandum in Support re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery SchedulePlaintiff's Memorandum in Support of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 126 Filed & Entered: 03/25/2021
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 127 Filed & Entered: 03/26/2021
Notice of Hearing on Motion
NOTICE of Telephonic Hearing on Motion [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule : (FTR) Telephonic Motion Hearing set for 4/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 128 Filed & Entered: 03/31/2021
Reply Reply re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule, [125] Brief / Memorandum in Support, of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 129 Filed & Entered: 03/31/2021
Memorandum Opinion MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 130 Filed & Entered: 03/31/2021
Order on Motion to Dismiss for Failure to State a Claim ORDER granting in part and denying in part [112] Motion to Dismiss for Failure to State a Claim. The Court GRANTS Defendants' motion to dismiss Counts II, III, and IV and DISMISSES Counts II, III, and IV with prejudice. The Court DENIES Defendants' motion to dismiss Count I. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 131 Filed & Entered: 04/06/2021
FTR Log Notes with Certificate
Log Notes for Motion Hearing in the Harrisonburg Division held before Judge Joel C. Hoppe on 4/6/21. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. AT&T Conference Manager: Karen Dotson (kld) 132 Filed & Entered: 04/06/2021
Motion Hearing
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Motion Hearing held on 4/6/2021 re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule filed by Kieran Ravi Bhattacharya. (AT&T Conference Manager: Karen Dotson) (kld) 133 Filed & Entered: 04/06/2021
Notice of Hearing
NOTICE of Telephonic Hearing: (N) Status Conference Call set for 5/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 134 Filed & Entered: 04/06/2021
Order on Motion for Discovery
Oral ORDER granting [124] Motion for Discovery. Entered by Magistrate Judge Joel C. Hoppe on 4/6/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)
REPLY to Response to Motion re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline)
Brief / Memorandum in Opposition re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Kieran Ravi Bhattacharya. (Lockerby, Michael)
Letter submitting a thumb drive to accompany Exhibit coversheets filed with the First Amended Complaint on 2/19/2020 (ECF. Dkt. 33). by Kieran Ravi Bhattacharya (jcj) Available for viewing in the Clerk's office.
Brief / Memorandum in Support re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline)
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Attachments: # (1) Text of Proposed Order)(Gibson, Madeline)
NOTICE of Appearance by Madeline Markelz Gibson on behalf of Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker (Gibson, Madeline)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Barbara J. Fried on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Robert M. Blue on 3/11/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Whittington W. Clement on 3/10/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
CERTIFICATE OF SERVICE by Kieran Ravi Bhattacharya of Service of Process for John A. Griffin, Maurice A. Jones, Angela Hucles Mangano, and James V. Reyes on March 20, 2020 (Haake, Jack)
Electronic Summons Issued as to James V. Reyes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) (Main Document 104 replaced on 3/20/2020) (hnw). Modified on 3/20/2020 (hnw).Replaced deficient pdf document with corrected pdf document 105 Filed & Entered: 03/20/2020
Certificate of Service
CERTIFICATE OF SERVICE by Kieran Ravi Bhattacharya of Service of Process for John A. Griffin, Maurice A. Jones, Angela Hucles Mangano, and James V. Reyes on March 20, 2020 (Haake, Jack) 106 Filed & Entered: 03/20/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Whittington W. Clement on 3/10/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 107 Filed & Entered: 03/20/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Robert M. Blue on 3/11/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 108 Filed & Entered: 03/20/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Barbara J. Fried on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 109 Filed & Entered: 03/23/2020
Affidavit of Service
AFFIDAVIT of Service for Summons, Complaint and Exhibits served on John A. Griffin on 3/16/20, filed by Kieran Ravi Bhattacharya.(jcj) 110 Filed & Entered: 03/23/2020
Affidavit of Service
AFFIDAVIT of Service for Summons, Complaint and Exhibits served on Maurice A. Jones on 3/16/20, filed by Kieran Ravi Bhattacharya.(jcj) 111 Filed & Entered: 03/24/2020
Notice of Appearance
NOTICE of Appearance by Madeline Markelz Gibson on behalf of Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker (Gibson, Madeline) 112 Filed & Entered: 03/24/2020Terminated: 03/31/2021
Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Attachments: # (1) Text of Proposed Order)(Gibson, Madeline) 113 Filed & Entered: 03/24/2020
Brief / Memorandum in Support Brief / Memorandum in Support re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 114 Filed & Entered: 04/07/2020
Letter
Letter submitting a thumb drive to accompany Exhibit coversheets filed with the First Amended Complaint on 2/19/2020 (ECF. Dkt. 33). by Kieran Ravi Bhattacharya (jcj) Available for viewing in the Clerk's office. 115 Filed & Entered: 04/07/2020
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Kieran Ravi Bhattacharya. (Lockerby, Michael) 116 Filed & Entered: 04/14/2020
Reply to Response to Motion REPLY to Response to Motion re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 117 Filed & Entered: 04/22/2020
Notice of Hearing on Motion
NOTICE of Hearing on Motion [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint : (CR) (No Interpreter requested) Motion Hearing set for 6/24/2020 11:00 AM in Charlottesville before Senior Judge Norman K. Moon. (hnw) 118 Filed & Entered: 04/22/2020
Notice of Appearance
NOTICE of Appearance by Calvin Cameron Brown on behalf of Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker (Brown, Calvin) 119 Filed & Entered: 06/16/2020
Notice Rescheduling Hearing on Motion
NOTICE Rescheduling Hearing on Motion [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint(CR)(No Interpreter requested) previously set for June 24, 2020 at 11:00 a.m. before Judge Norman K. Moon in Charlottesville:TELEPHONIC Motion Hearing NOW SET for June 24, 2020 11:00 AM in Charlottesville before Senior Judge Norman K. Moon. Parties will receive an email with dial in instructions. (hnw) 120 Filed & Entered: 06/24/2020
Motion Hearing
Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 6/24/2020 re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Christine Peterson, Robert D. Hardie, Maurice A. Jones, Whittington W. Clement, Mark T. Bowles, Sara K. Rasmussen, John A. Griffin, Robert M. Blue, John J. Densmore, Timonty Longo, Sr., Peter C. Brunjes, Louis S. Haddad, James V. Reyes, Barbara J. Fried, Nora Kern, Babur B. Lateef, C. Evans Poston, Jr., Angela Hucles Mangano, James B. Murray, Jr., Melissa Fielding, L. D. Britt, Jim B. Tucker, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale. (Court Reporter: Mary Butenschoen) (hnw) 121 Filed & Entered: 06/30/2020
Notice Rescheduling Hearing
Notice Rescheduling Hearing pursuant to Standing Order No. 2020-14 entered June 8, 2020 in the matter of Court Operations Under the Exigent Circumstances Created by COVID-19: Phase I Reopening, (CR) (No Interpreter requested) Jury Trial previously set for July 22-24, 2020 at 9:30 a.m. before Judge Norman K. Moon in Charlottesville: Jury Trial RESET for March 1-3, 2021 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw) Filed & Entered: 09/21/2020
Notice (Other)
IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800-676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information. (mzc) (ADI) Filed & Entered: 09/29/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at https://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) Filed & Entered: 10/05/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking your account can be found by clicking here. Remember you cannot link your accounts until on or after the court goes live on NextGen October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc) 122 Filed & Entered: 02/08/2021
Order
Oral ORDER cancelling the jury trial currently set for March 1-3, 2021 at 9:30 AM, in light of W.D. Va. Second Amended Standing Order No. 2020-10 and 2020-14. Courtroom Deputy Heidi Wheeler will contact the parties to reschedule a trial in this case. Entered by Senior Judge Norman K. Moon on 02/08/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(dg) 123 Filed & Entered: 02/08/2021
Notice of Cancellation of Hearing
Notice of Cancellation of March 1-3, 2021 Jury Trial (No Interpreter requested) (Cancel Court Reporter) (hnw) 124 Filed & Entered: 03/11/2021Terminated: 04/06/2021
Motion for Discovery MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Haake, Jack) 125 Filed & Entered: 03/11/2021
Brief / Memorandum in Support Brief / Memorandum in Support re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery SchedulePlaintiff's Memorandum in Support of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 126 Filed & Entered: 03/25/2021
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 127 Filed & Entered: 03/26/2021
Notice of Hearing on Motion
NOTICE of Telephonic Hearing on Motion [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule : (FTR) Telephonic Motion Hearing set for 4/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 128 Filed & Entered: 03/31/2021
Reply Reply re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule, [125] Brief / Memorandum in Support, of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 129 Filed & Entered: 03/31/2021
Memorandum Opinion MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 130 Filed & Entered: 03/31/2021
Order on Motion to Dismiss for Failure to State a Claim ORDER granting in part and denying in part [112] Motion to Dismiss for Failure to State a Claim. The Court GRANTS Defendants' motion to dismiss Counts II, III, and IV and DISMISSES Counts II, III, and IV with prejudice. The Court DENIES Defendants' motion to dismiss Count I. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 131 Filed & Entered: 04/06/2021
FTR Log Notes with Certificate
Log Notes for Motion Hearing in the Harrisonburg Division held before Judge Joel C. Hoppe on 4/6/21. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. AT&T Conference Manager: Karen Dotson (kld) 132 Filed & Entered: 04/06/2021
Motion Hearing
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Motion Hearing held on 4/6/2021 re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule filed by Kieran Ravi Bhattacharya. (AT&T Conference Manager: Karen Dotson) (kld) 133 Filed & Entered: 04/06/2021
Notice of Hearing
NOTICE of Telephonic Hearing: (N) Status Conference Call set for 5/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 134 Filed & Entered: 04/06/2021
Order on Motion for Discovery
Oral ORDER granting [124] Motion for Discovery. Entered by Magistrate Judge Joel C. Hoppe on 4/6/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Sara K. Rasmussen, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Nora Kern, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Christine Peterson, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Jim B. Tucker, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on John J. Densmore, M.D., Ph.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Melissa Fielding on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Timothy Longo Sr. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Peter C. Brunjes on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on C. Evans Poston Jr. on 3/7/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Babur B. Lateef, M.D. on 3/9/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Robert D. Hardie on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Louis S. Haddad on 3/9/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Thomas A. DePasquale on 3/7/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Elizabeth M. Cranwell on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Frank M. Conner III on 03/03/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on L.D. Britt, M.D., M.P.H. on 3/9/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Mark T. Bowles on 03/04/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on James B. Murray Jr. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack)
Electronic Summons Issued as to Whittington W. Clement NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Jim B. Tucker NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to James V. Reyes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Sara K. Rasmussen NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to C. Evans Poston, Jr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Christine Peterson NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to James B. Murray, Jr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Angela Hucles Mangano NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Timonty Longo, Sr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Babur B. Lateef NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Nora Kern NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Maurice A. Jones NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Melissa Fielding NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Thomas A. DePasquale NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Robert D. Hardie NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Louis S. Haddad NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to John A. Griffin NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Barbara J. Fried NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to John J. Densmore NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Elizabeth M. Cranwell NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Peter C. Brunjes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to L. D. Britt NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Frank M. Conner, III. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Mark T. Bowles NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Electronic Summons Issued as to Robert M. Blue NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw)
Order on Motion to dismiss for failure to state a claim
ORDER dismissing as moot [18] Motion to Dismiss for Failure to State a Claim; dismissing as moot [18] Motion to Dismiss for Lack of Jurisdiction Signed by Senior Judge Norman K. Moon on 2/21/2020. (hnw)
MOTION for Leave to File First Amended Complaint by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Exhibit Proposed Order)(Haake, Jack)
ORAL ORDER: The Court recently granted the parties' consent motion to stay Defendant's deadline to file a reply in support of its pending motion to dismiss the Plaintiff's complaint, ECF No. 27, based on Plaintiff's representations that he planned to file a motion seeking leave to amend the pleading, ECF No. 26. On February 3, 2020, Plaintiff's counsel docketed a 270-page amended complaint, ECF No. 28, but did not seek leave in accordance with Fed. R. Civ. P. 15(a)(2) and the presiding District Judge's pretrial order, ECF No. 4, at 6. An amended pleading filed without the Court's leave or the opposing party's written consent has no legal effect. Accordingly, the parties are directed to confer and, on or before Monday, February 10, 2020, to file a report stating whether Defendant consents to Plaintiff's proposed amendment. Fed. R. Civ. P. 15(a)(2). If Defendant does not consent in writing, Plaintiff must file a motion seeking leave to amend his complaint. Entered by Magistrate Judge Joel C. Hoppe on 1/4/20. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jcj)
Oral ORDER granting [26] Motion to Stay Case. For the reasons stated in the motion to stay, the time for defendant to file its reply to the motion to dismiss is stayed pending further order of the court. No other action or deadline in the case is stayed. Entered by Magistrate Judge Joel C. Hoppe on 1/10/20. (JCH)
Consent MOTION to Stay Briefing on Motion to Dismiss by Rector and Visitors of the University of Virginia. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Text of Proposed Order Granting Consent Motion)(Gibson, Madeline)
Brief / Memorandum in Opposition re [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . filed by Kieran Ravi Bhattacharya. (Lockerby, Michael)
Order on Motion for Extension of Time to File Response / Reply
Oral ORDER granting [23] Motion for Extension of Time to File Response/Reply. Plaintiff's response to defendant's motion to dismiss is due by January 6, 2020. Entered by Magistrate Judge Joel C. Hoppe on 12/16/19. (JCH)
Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to File Response/Reply as to [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Text of Proposed Order Granting Plaintiff's Uncontested Motion for Continunance)(Lockerby, Michael)
Brief / Memorandum in Support re [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . filed by Rector and Visitors of the University of Virginia. (Gibson, Madeline)
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Rector and Visitors of the University of Virginia. (Attachments: # (1) Text of Proposed Order)(Gibson, Madeline)
ORDER granting [11] Motion for access to the Court's Case Management /Electronic Case Filing System. Signed by Magistrate Judge Joel C. Hoppe on 11/7/19. (hnw)
ORAL ORDER granting [5] Motion to Stay Discovery Pending Filing And Resolution of Motion to Dismiss and STAYING Discovery Deadlines and [4] Pretrial Order Deadlines pending the filing of Motion to Dismiss. If after the filing of the Motion to Dismiss the Plaintiff determines he needs discovery he may make a request specifying the discovery he needs.. Entered by Magistrate Judge Joel C. Hoppe on 11/5/19. (hnw)
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Telephonic Motion Hearing held on 11/5/2019 re [5] MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss filed by Rector and Visitors of the University of Virginia, [11] MOTION request for access to CM/ECF System filed by Kieran Ravi Bhattacharya. (FTR Operator: H. Wheeler) (hnw)
FTR Log Notes for Telephonic Motion Hearing in the Charlottesville Division in CR3 held before Judge Joel C. Hoppe on 11/5/19. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: H. Wheeler (hnw)
NOTICE of Telephonic Hearing on Motion [5] MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss : (FTR) Telephonic Motion Hearing set for 11/5/2019 03:00 PM before Magistrate Judge Joel C. Hoppe. Chambers to email dial in information to counsel. Clerk gave dial in info to Mr. Bhattacharya.(kld) 14 Filed & Entered: 11/05/2019
FTR Log Notes with Certificate
FTR Log Notes for Telephonic Motion Hearing in the Charlottesville Division in CR3 held before Judge Joel C. Hoppe on 11/5/19. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: H. Wheeler (hnw) 15 Filed & Entered: 11/05/2019
Motion Hearing
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Telephonic Motion Hearing held on 11/5/2019 re [5] MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss filed by Rector and Visitors of the University of Virginia, [11] MOTION request for access to CM/ECF System filed by Kieran Ravi Bhattacharya. (FTR Operator: H. Wheeler) (hnw) 16 Filed & Entered: 11/07/2019
Order on Motion to Stay
ORAL ORDER granting [5] Motion to Stay Discovery Pending Filing And Resolution of Motion to Dismiss and STAYING Discovery Deadlines and [4] Pretrial Order Deadlines pending the filing of Motion to Dismiss. If after the filing of the Motion to Dismiss the Plaintiff determines he needs discovery he may make a request specifying the discovery he needs.. Entered by Magistrate Judge Joel C. Hoppe on 11/5/19. (hnw) 17 Filed & Entered: 11/07/2019
Order on Motion for Miscellaneous Relief
ORDER granting [11] Motion for access to the Court's Case Management /Electronic Case Filing System. Signed by Magistrate Judge Joel C. Hoppe on 11/7/19. (hnw) 18 Filed & Entered: 11/25/2019Terminated: 02/21/2020
Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Rector and Visitors of the University of Virginia. (Attachments: # (1) Text of Proposed Order)(Gibson, Madeline) 19 Filed & Entered: 11/25/2019
Brief / Memorandum in Support Brief / Memorandum in Support re [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . filed by Rector and Visitors of the University of Virginia. (Gibson, Madeline) 20 Filed & Entered: 11/27/2019
Roseboro Notice
Roseboro Notice re [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (hnw) 21 Filed & Entered: 12/14/2019
Notice of Appearance
NOTICE of Appearance by Michael J. Lockerby on behalf of Kieran Ravi Bhattacharya (Lockerby, Michael) 22 Filed & Entered: 12/14/2019
Notice of Appearance
NOTICE of Appearance by Jack Gabriel Haake on behalf of Kieran Ravi Bhattacharya (Haake, Jack) 23 Filed & Entered: 12/14/2019Terminated: 12/16/2019
Motion for Extension of Time to File Response/Reply MOTION for Extension of Time to File Response/Reply as to [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Text of Proposed Order Granting Plaintiff's Uncontested Motion for Continunance)(Lockerby, Michael) 24 Filed & Entered: 12/16/2019
Order on Motion for Extension of Time to File Response/Reply
Oral ORDER granting [23] Motion for Extension of Time to File Response/Reply. Plaintiff's response to defendant's motion to dismiss is due by January 6, 2020. Entered by Magistrate Judge Joel C. Hoppe on 12/16/19. (JCH) 25 Filed & Entered: 01/06/2020
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . filed by Kieran Ravi Bhattacharya. (Lockerby, Michael) 26 Filed & Entered: 01/09/2020Terminated: 01/10/2020
Motion to Stay
Consent MOTION to Stay Briefing on Motion to Dismiss by Rector and Visitors of the University of Virginia. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Text of Proposed Order Granting Consent Motion)(Gibson, Madeline) 27 Filed & Entered: 01/10/2020
Order on Motion to Stay
Oral ORDER granting [26] Motion to Stay Case. For the reasons stated in the motion to stay, the time for defendant to file its reply to the motion to dismiss is stayed pending further order of the court. No other action or deadline in the case is stayed. Entered by Magistrate Judge Joel C. Hoppe on 1/10/20. (JCH) 28 Filed & Entered: 02/03/2020
Amended Complaint
PROPOSED AMENDED COMPLAINT against University Defendants, UVA Med School Defendants, and Individual Co-Conspirators filed by Kieran Ravi Bhattacharya. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40, # (41) Exhibit 41, # (42) Exhibit 42, # (43) Exhibit 43, # (44) Exhibit 44, # (45) Exhibit 45, # (46) Exhibit 46, # (47) Exhibit 47, # (48) Exhibit 48, # (49) Exhibit 49, # (50) Exhibit 50, # (51) Exhibit 51, # (52) Exhibit 52, # (53) Exhibit 53, # (54) Exhibit 54, # (55) Exhibit 55, # (56) Exhibit 56, # (57) Exhibit 57, # (58) Exhibit 58, # (59) Exhibit 59, # (60) Exhibit 60, # (61) Exhibit 61, # (62) Exhibit 62, # (63) Exhibit 63, # (64) Exhibit 64, # (65) Exhibit 65, # (66) Exhibit 66)(Lockerby, Michael) SEE ORDER ENTERED 2/19/2020 Modified on 2/20/2020 (hnw). 29 Filed & Entered: 02/04/2020
Order
ORAL ORDER: The Court recently granted the parties' consent motion to stay Defendant's deadline to file a reply in support of its pending motion to dismiss the Plaintiff's complaint, ECF No. 27, based on Plaintiff's representations that he planned to file a motion seeking leave to amend the pleading, ECF No. 26. On February 3, 2020, Plaintiff's counsel docketed a 270-page amended complaint, ECF No. 28, but did not seek leave in accordance with Fed. R. Civ. P. 15(a)(2) and the presiding District Judge's pretrial order, ECF No. 4, at 6. An amended pleading filed without the Court's leave or the opposing party's written consent has no legal effect. Accordingly, the parties are directed to confer and, on or before Monday, February 10, 2020, to file a report stating whether Defendant consents to Plaintiff's proposed amendment. Fed. R. Civ. P. 15(a)(2). If Defendant does not consent in writing, Plaintiff must file a motion seeking leave to amend his complaint. Entered by Magistrate Judge Joel C. Hoppe on 1/4/20. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jcj) 30 Filed & Entered: 02/07/2020
Status Report
STATUS REPORT Regarding Amended Complaint by Kieran Ravi Bhattacharya (Haake, Jack) 31 Filed & Entered: 02/07/2020Terminated: 02/19/2020
Motion for Leave to File MOTION for Leave to File First Amended Complaint by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Exhibit Proposed Order)(Haake, Jack) 32 Filed & Entered: 02/19/2020
Order on Motion for Leave to File ORDER granting [31] Motion for Leave to File First Amended Complaint Signed by Magistrate Judge Joel C. Hoppe on 2/19/2020. (hnw) 33 Filed: 02/19/2020Entered: 02/20/2020
Amended Complaint
AMENDED COMPLAINT against James B. Murray, Jr., Whittington W. Clement, Robert M. Blue, Mark T. Bowles, L. D. Britt, Frank M. Conner, III., Elizabeth M. Cranwell, Thomas A. DePasquale, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Babur B. Lateef, Angela Hucles Mangano, C. Evans Poston, Jr., James V. Reyes, Peter C. Brunjes, Timonty Longo, Sr., Melissa Fielding, John J. Densmore, Jim B. Tucker, Christine Peterson, Nora Kern, Sara K. Rasmussen, filed by Kieran Ravi Bhattacharya. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40, # (41) Exhibit 41, # (42) Exhibit 42, # (43) Exhibit 43, # (44) Exhibit 44, # (45) Exhibit 45, # (46) Exhibit 46, # (47) Exhibit 47, # (48) Exhibit 48, # (49) Exhibit 48, # (50) Exhibit 50, # (51) Exhibit 51, # (52) Exhibit 52, # (53) Exhibit 53, # (54) Exhibit 54, # (55) Exhibit 55, # (56) Exhibit 56, # (57) Exhibit 57, # (58) Exhibit 58, # (59) Exhibit 59, # (60) Exhibit 60, # (61) Exhibit 61, # (62) Exhibit 62, # (63) Exhibit 63, # (64) Exhibit 64, # (65) Exhibit 65, # (66) Exhibit 66)(hnw) 34 Filed & Entered: 02/21/2020
Order on Motion to Dismiss for Failure to State a Claim ORDER dismissing as moot [18] Motion to Dismiss for Failure to State a Claim; dismissing as moot [18] Motion to Dismiss for Lack of Jurisdiction Signed by Senior Judge Norman K. Moon on 2/21/2020. (hnw) 35 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for James B. Murray Jr. by Kieran Ravi Bhattacharya (Haake, Jack) 36 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Whittington W. Clement by Kieran Ravi Bhattacharya (Haake, Jack) 37 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Robert M. Blue by Kieran Ravi Bhattacharya (Haake, Jack) 38 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Mark T. Bowles by Kieran Ravi Bhattacharya (Haake, Jack) 39 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for L.D. Britt, M.D., M.P.H. by Kieran Ravi Bhattacharya (Haake, Jack) 40 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Frank M. Conner III by Kieran Ravi Bhattacharya (Haake, Jack) 41 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Elizabeth M. Cranwell by Kieran Ravi Bhattacharya (Haake, Jack) 42 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Thomas A. DePasquale by Kieran Ravi Bhattacharya (Haake, Jack) 43 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Barbara J. Fried by Kieran Ravi Bhattacharya (Haake, Jack) 44 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for John A. Griffin by Kieran Ravi Bhattacharya (Haake, Jack) 45 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Louis S. Haddad by Kieran Ravi Bhattacharya (Haake, Jack) 46 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Robert D. Hardie by Kieran Ravi Bhattacharya (Haake, Jack) 47 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Maurice A. Jones by Kieran Ravi Bhattacharya (Haake, Jack) 48 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Babur B. Lateef, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 49 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Angela Hucles Mangano by Kieran Ravi Bhattacharya (Haake, Jack) 50 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for C. Evans Poston Jr. by Kieran Ravi Bhattacharya (Haake, Jack) 51 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for James V. Reyes by Kieran Ravi Bhattacharya (Haake, Jack) 52 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Peter C. Brunjes by Kieran Ravi Bhattacharya (Haake, Jack) 53 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Timothy Longo Sr. by Kieran Ravi Bhattacharya (Haake, Jack) 54 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Melissa Fielding by Kieran Ravi Bhattacharya (Haake, Jack) 55 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for John J. Densmore, M.D., Ph.D. by Kieran Ravi Bhattacharya (Haake, Jack) 56 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Jim B. Tucker, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 57 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Christine Peterson, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 58 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Nora Kern, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 59 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Sara K. Rasmussen, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 60 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Robert M. Blue NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 61 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Mark T. Bowles NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 62 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Frank M. Conner, III. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 63 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to L. D. Britt NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 64 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Peter C. Brunjes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 65 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Elizabeth M. Cranwell NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 66 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to John J. Densmore NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 67 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Barbara J. Fried NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 68 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to John A. Griffin NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 69 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Louis S. Haddad NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 70 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Robert D. Hardie NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 71 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Thomas A. DePasquale NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 72 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Melissa Fielding NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 73 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Maurice A. Jones NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 74 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Nora Kern NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 75 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Babur B. Lateef NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 76 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Timonty Longo, Sr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 77 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Angela Hucles Mangano NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 78 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to James B. Murray, Jr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 79 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Christine Peterson NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 80 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to C. Evans Poston, Jr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 81 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Sara K. Rasmussen NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 82 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to James V. Reyes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 83 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Jim B. Tucker NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 84 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Whittington W. Clement NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 85 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on James B. Murray Jr. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 86 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Mark T. Bowles on 03/04/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 87 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on L.D. Britt, M.D., M.P.H. on 3/9/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 88 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Frank M. Conner III on 03/03/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 89 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Elizabeth M. Cranwell on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 90 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Thomas A. DePasquale on 3/7/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 91 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Louis S. Haddad on 3/9/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 92 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Robert D. Hardie on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 93 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Babur B. Lateef, M.D. on 3/9/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 94 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on C. Evans Poston Jr. on 3/7/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 95 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Peter C. Brunjes on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 96 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Timothy Longo Sr. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 97 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Melissa Fielding on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 98 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on John J. Densmore, M.D., Ph.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 99 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Jim B. Tucker, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 100 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Christine Peterson, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 101 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Nora Kern, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 102 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Sara K. Rasmussen, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 103 Filed & Entered: 03/20/2020
Proposed Summons
Proposed Summons for James V. Reyes by Kieran Ravi Bhattacharya (Haake, Jack) 104 Filed & Entered: 03/20/2020
Electronic Summons Issued
Electronic Summons Issued as to James V. Reyes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) (Main Document 104 replaced on 3/20/2020) (hnw). Modified on 3/20/2020 (hnw).Replaced deficient pdf document with corrected pdf document 105 Filed & Entered: 03/20/2020
Certificate of Service
CERTIFICATE OF SERVICE by Kieran Ravi Bhattacharya of Service of Process for John A. Griffin, Maurice A. Jones, Angela Hucles Mangano, and James V. Reyes on March 20, 2020 (Haake, Jack) 106 Filed & Entered: 03/20/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Whittington W. Clement on 3/10/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 107 Filed & Entered: 03/20/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Robert M. Blue on 3/11/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 108 Filed & Entered: 03/20/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Barbara J. Fried on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 109 Filed & Entered: 03/23/2020
Affidavit of Service
AFFIDAVIT of Service for Summons, Complaint and Exhibits served on John A. Griffin on 3/16/20, filed by Kieran Ravi Bhattacharya.(jcj) 110 Filed & Entered: 03/23/2020
Affidavit of Service
AFFIDAVIT of Service for Summons, Complaint and Exhibits served on Maurice A. Jones on 3/16/20, filed by Kieran Ravi Bhattacharya.(jcj) 111 Filed & Entered: 03/24/2020
Notice of Appearance
NOTICE of Appearance by Madeline Markelz Gibson on behalf of Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker (Gibson, Madeline) 112 Filed & Entered: 03/24/2020Terminated: 03/31/2021
Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Attachments: # (1) Text of Proposed Order)(Gibson, Madeline) 113 Filed & Entered: 03/24/2020
Brief / Memorandum in Support Brief / Memorandum in Support re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 114 Filed & Entered: 04/07/2020
Letter
Letter submitting a thumb drive to accompany Exhibit coversheets filed with the First Amended Complaint on 2/19/2020 (ECF. Dkt. 33). by Kieran Ravi Bhattacharya (jcj) Available for viewing in the Clerk's office. 115 Filed & Entered: 04/07/2020
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Kieran Ravi Bhattacharya. (Lockerby, Michael) 116 Filed & Entered: 04/14/2020
Reply to Response to Motion REPLY to Response to Motion re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 117 Filed & Entered: 04/22/2020
Notice of Hearing on Motion
NOTICE of Hearing on Motion [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint : (CR) (No Interpreter requested) Motion Hearing set for 6/24/2020 11:00 AM in Charlottesville before Senior Judge Norman K. Moon. (hnw) 118 Filed & Entered: 04/22/2020
Notice of Appearance
NOTICE of Appearance by Calvin Cameron Brown on behalf of Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker (Brown, Calvin) 119 Filed & Entered: 06/16/2020
Notice Rescheduling Hearing on Motion
NOTICE Rescheduling Hearing on Motion [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint(CR)(No Interpreter requested) previously set for June 24, 2020 at 11:00 a.m. before Judge Norman K. Moon in Charlottesville:TELEPHONIC Motion Hearing NOW SET for June 24, 2020 11:00 AM in Charlottesville before Senior Judge Norman K. Moon. Parties will receive an email with dial in instructions. (hnw) 120 Filed & Entered: 06/24/2020
Motion Hearing
Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 6/24/2020 re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Christine Peterson, Robert D. Hardie, Maurice A. Jones, Whittington W. Clement, Mark T. Bowles, Sara K. Rasmussen, John A. Griffin, Robert M. Blue, John J. Densmore, Timonty Longo, Sr., Peter C. Brunjes, Louis S. Haddad, James V. Reyes, Barbara J. Fried, Nora Kern, Babur B. Lateef, C. Evans Poston, Jr., Angela Hucles Mangano, James B. Murray, Jr., Melissa Fielding, L. D. Britt, Jim B. Tucker, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale. (Court Reporter: Mary Butenschoen) (hnw) 121 Filed & Entered: 06/30/2020
Notice Rescheduling Hearing
Notice Rescheduling Hearing pursuant to Standing Order No. 2020-14 entered June 8, 2020 in the matter of Court Operations Under the Exigent Circumstances Created by COVID-19: Phase I Reopening, (CR) (No Interpreter requested) Jury Trial previously set for July 22-24, 2020 at 9:30 a.m. before Judge Norman K. Moon in Charlottesville: Jury Trial RESET for March 1-3, 2021 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw) Filed & Entered: 09/21/2020
Notice (Other)
IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800-676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information. (mzc) (ADI) Filed & Entered: 09/29/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at https://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) Filed & Entered: 10/05/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking your account can be found by clicking here. Remember you cannot link your accounts until on or after the court goes live on NextGen October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc) 122 Filed & Entered: 02/08/2021
Order
Oral ORDER cancelling the jury trial currently set for March 1-3, 2021 at 9:30 AM, in light of W.D. Va. Second Amended Standing Order No. 2020-10 and 2020-14. Courtroom Deputy Heidi Wheeler will contact the parties to reschedule a trial in this case. Entered by Senior Judge Norman K. Moon on 02/08/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(dg) 123 Filed & Entered: 02/08/2021
Notice of Cancellation of Hearing
Notice of Cancellation of March 1-3, 2021 Jury Trial (No Interpreter requested) (Cancel Court Reporter) (hnw) 124 Filed & Entered: 03/11/2021Terminated: 04/06/2021
Motion for Discovery MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Haake, Jack) 125 Filed & Entered: 03/11/2021
Brief / Memorandum in Support Brief / Memorandum in Support re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery SchedulePlaintiff's Memorandum in Support of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 126 Filed & Entered: 03/25/2021
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 127 Filed & Entered: 03/26/2021
Notice of Hearing on Motion
NOTICE of Telephonic Hearing on Motion [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule : (FTR) Telephonic Motion Hearing set for 4/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 128 Filed & Entered: 03/31/2021
Reply Reply re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule, [125] Brief / Memorandum in Support, of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 129 Filed & Entered: 03/31/2021
Memorandum Opinion MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 130 Filed & Entered: 03/31/2021
Order on Motion to Dismiss for Failure to State a Claim ORDER granting in part and denying in part [112] Motion to Dismiss for Failure to State a Claim. The Court GRANTS Defendants' motion to dismiss Counts II, III, and IV and DISMISSES Counts II, III, and IV with prejudice. The Court DENIES Defendants' motion to dismiss Count I. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 131 Filed & Entered: 04/06/2021
FTR Log Notes with Certificate
Log Notes for Motion Hearing in the Harrisonburg Division held before Judge Joel C. Hoppe on 4/6/21. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. AT&T Conference Manager: Karen Dotson (kld) 132 Filed & Entered: 04/06/2021
Motion Hearing
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Motion Hearing held on 4/6/2021 re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule filed by Kieran Ravi Bhattacharya. (AT&T Conference Manager: Karen Dotson) (kld) 133 Filed & Entered: 04/06/2021
Notice of Hearing
NOTICE of Telephonic Hearing: (N) Status Conference Call set for 5/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 134 Filed & Entered: 04/06/2021
Order on Motion for Discovery
Oral ORDER granting [124] Motion for Discovery. Entered by Magistrate Judge Joel C. Hoppe on 4/6/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)
RESPONSE in Support re [5] MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss . filed by Rector and Visitors of the University of Virginia. (Gibson, Madeline)
NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for July 22-24, 2020 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw) 9 Filed & Entered: 10/31/2019
Certificate of Service
CERTIFICATE OF SERVICE by Kieran Ravi Bhattacharya re [7] Response in Opposition to Motion (jcj) 10 Filed & Entered: 10/31/2019
Docket Annotation
PLAINTIFF KIERAN RAVI BHATTACHARYA'S INITIAL DISCLOSURES (FRCP 26(a)(1) (Attachments: # (1) Exhibits 1-4)(jcj) 11 Filed & Entered: 10/31/2019Terminated: 11/07/2019
Motion for Miscellaneous Relief MOTION/ Request for access to CM/ECF System by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (jcj) 12 Filed & Entered: 10/31/2019
Response in Support of Motion RESPONSE in Support re [5] MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss . filed by Rector and Visitors of the University of Virginia. (Gibson, Madeline) 13 Filed & Entered: 11/05/2019
Notice of Hearing on Motion
NOTICE of Telephonic Hearing on Motion [5] MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss : (FTR) Telephonic Motion Hearing set for 11/5/2019 03:00 PM before Magistrate Judge Joel C. Hoppe. Chambers to email dial in information to counsel. Clerk gave dial in info to Mr. Bhattacharya.(kld) 14 Filed & Entered: 11/05/2019
FTR Log Notes with Certificate
FTR Log Notes for Telephonic Motion Hearing in the Charlottesville Division in CR3 held before Judge Joel C. Hoppe on 11/5/19. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: H. Wheeler (hnw) 15 Filed & Entered: 11/05/2019
Motion Hearing
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Telephonic Motion Hearing held on 11/5/2019 re [5] MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss filed by Rector and Visitors of the University of Virginia, [11] MOTION request for access to CM/ECF System filed by Kieran Ravi Bhattacharya. (FTR Operator: H. Wheeler) (hnw) 16 Filed & Entered: 11/07/2019
Order on Motion to Stay
ORAL ORDER granting [5] Motion to Stay Discovery Pending Filing And Resolution of Motion to Dismiss and STAYING Discovery Deadlines and [4] Pretrial Order Deadlines pending the filing of Motion to Dismiss. If after the filing of the Motion to Dismiss the Plaintiff determines he needs discovery he may make a request specifying the discovery he needs.. Entered by Magistrate Judge Joel C. Hoppe on 11/5/19. (hnw) 17 Filed & Entered: 11/07/2019
Order on Motion for Miscellaneous Relief
ORDER granting [11] Motion for access to the Court's Case Management /Electronic Case Filing System. Signed by Magistrate Judge Joel C. Hoppe on 11/7/19. (hnw) 18 Filed & Entered: 11/25/2019Terminated: 02/21/2020
Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Rector and Visitors of the University of Virginia. (Attachments: # (1) Text of Proposed Order)(Gibson, Madeline) 19 Filed & Entered: 11/25/2019
Brief / Memorandum in Support Brief / Memorandum in Support re [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . filed by Rector and Visitors of the University of Virginia. (Gibson, Madeline) 20 Filed & Entered: 11/27/2019
Roseboro Notice
Roseboro Notice re [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (hnw) 21 Filed & Entered: 12/14/2019
Notice of Appearance
NOTICE of Appearance by Michael J. Lockerby on behalf of Kieran Ravi Bhattacharya (Lockerby, Michael) 22 Filed & Entered: 12/14/2019
Notice of Appearance
NOTICE of Appearance by Jack Gabriel Haake on behalf of Kieran Ravi Bhattacharya (Haake, Jack) 23 Filed & Entered: 12/14/2019Terminated: 12/16/2019
Motion for Extension of Time to File Response/Reply MOTION for Extension of Time to File Response/Reply as to [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Text of Proposed Order Granting Plaintiff's Uncontested Motion for Continunance)(Lockerby, Michael) 24 Filed & Entered: 12/16/2019
Order on Motion for Extension of Time to File Response/Reply
Oral ORDER granting [23] Motion for Extension of Time to File Response/Reply. Plaintiff's response to defendant's motion to dismiss is due by January 6, 2020. Entered by Magistrate Judge Joel C. Hoppe on 12/16/19. (JCH) 25 Filed & Entered: 01/06/2020
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [18] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . filed by Kieran Ravi Bhattacharya. (Lockerby, Michael) 26 Filed & Entered: 01/09/2020Terminated: 01/10/2020
Motion to Stay
Consent MOTION to Stay Briefing on Motion to Dismiss by Rector and Visitors of the University of Virginia. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Text of Proposed Order Granting Consent Motion)(Gibson, Madeline) 27 Filed & Entered: 01/10/2020
Order on Motion to Stay
Oral ORDER granting [26] Motion to Stay Case. For the reasons stated in the motion to stay, the time for defendant to file its reply to the motion to dismiss is stayed pending further order of the court. No other action or deadline in the case is stayed. Entered by Magistrate Judge Joel C. Hoppe on 1/10/20. (JCH) 28 Filed & Entered: 02/03/2020
Amended Complaint
PROPOSED AMENDED COMPLAINT against University Defendants, UVA Med School Defendants, and Individual Co-Conspirators filed by Kieran Ravi Bhattacharya. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40, # (41) Exhibit 41, # (42) Exhibit 42, # (43) Exhibit 43, # (44) Exhibit 44, # (45) Exhibit 45, # (46) Exhibit 46, # (47) Exhibit 47, # (48) Exhibit 48, # (49) Exhibit 49, # (50) Exhibit 50, # (51) Exhibit 51, # (52) Exhibit 52, # (53) Exhibit 53, # (54) Exhibit 54, # (55) Exhibit 55, # (56) Exhibit 56, # (57) Exhibit 57, # (58) Exhibit 58, # (59) Exhibit 59, # (60) Exhibit 60, # (61) Exhibit 61, # (62) Exhibit 62, # (63) Exhibit 63, # (64) Exhibit 64, # (65) Exhibit 65, # (66) Exhibit 66)(Lockerby, Michael) SEE ORDER ENTERED 2/19/2020 Modified on 2/20/2020 (hnw). 29 Filed & Entered: 02/04/2020
Order
ORAL ORDER: The Court recently granted the parties' consent motion to stay Defendant's deadline to file a reply in support of its pending motion to dismiss the Plaintiff's complaint, ECF No. 27, based on Plaintiff's representations that he planned to file a motion seeking leave to amend the pleading, ECF No. 26. On February 3, 2020, Plaintiff's counsel docketed a 270-page amended complaint, ECF No. 28, but did not seek leave in accordance with Fed. R. Civ. P. 15(a)(2) and the presiding District Judge's pretrial order, ECF No. 4, at 6. An amended pleading filed without the Court's leave or the opposing party's written consent has no legal effect. Accordingly, the parties are directed to confer and, on or before Monday, February 10, 2020, to file a report stating whether Defendant consents to Plaintiff's proposed amendment. Fed. R. Civ. P. 15(a)(2). If Defendant does not consent in writing, Plaintiff must file a motion seeking leave to amend his complaint. Entered by Magistrate Judge Joel C. Hoppe on 1/4/20. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jcj) 30 Filed & Entered: 02/07/2020
Status Report
STATUS REPORT Regarding Amended Complaint by Kieran Ravi Bhattacharya (Haake, Jack) 31 Filed & Entered: 02/07/2020Terminated: 02/19/2020
Motion for Leave to File MOTION for Leave to File First Amended Complaint by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Exhibit Proposed Order)(Haake, Jack) 32 Filed & Entered: 02/19/2020
Order on Motion for Leave to File ORDER granting [31] Motion for Leave to File First Amended Complaint Signed by Magistrate Judge Joel C. Hoppe on 2/19/2020. (hnw) 33 Filed: 02/19/2020Entered: 02/20/2020
Amended Complaint
AMENDED COMPLAINT against James B. Murray, Jr., Whittington W. Clement, Robert M. Blue, Mark T. Bowles, L. D. Britt, Frank M. Conner, III., Elizabeth M. Cranwell, Thomas A. DePasquale, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Babur B. Lateef, Angela Hucles Mangano, C. Evans Poston, Jr., James V. Reyes, Peter C. Brunjes, Timonty Longo, Sr., Melissa Fielding, John J. Densmore, Jim B. Tucker, Christine Peterson, Nora Kern, Sara K. Rasmussen, filed by Kieran Ravi Bhattacharya. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40, # (41) Exhibit 41, # (42) Exhibit 42, # (43) Exhibit 43, # (44) Exhibit 44, # (45) Exhibit 45, # (46) Exhibit 46, # (47) Exhibit 47, # (48) Exhibit 48, # (49) Exhibit 48, # (50) Exhibit 50, # (51) Exhibit 51, # (52) Exhibit 52, # (53) Exhibit 53, # (54) Exhibit 54, # (55) Exhibit 55, # (56) Exhibit 56, # (57) Exhibit 57, # (58) Exhibit 58, # (59) Exhibit 59, # (60) Exhibit 60, # (61) Exhibit 61, # (62) Exhibit 62, # (63) Exhibit 63, # (64) Exhibit 64, # (65) Exhibit 65, # (66) Exhibit 66)(hnw) 34 Filed & Entered: 02/21/2020
Order on Motion to Dismiss for Failure to State a Claim ORDER dismissing as moot [18] Motion to Dismiss for Failure to State a Claim; dismissing as moot [18] Motion to Dismiss for Lack of Jurisdiction Signed by Senior Judge Norman K. Moon on 2/21/2020. (hnw) 35 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for James B. Murray Jr. by Kieran Ravi Bhattacharya (Haake, Jack) 36 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Whittington W. Clement by Kieran Ravi Bhattacharya (Haake, Jack) 37 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Robert M. Blue by Kieran Ravi Bhattacharya (Haake, Jack) 38 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Mark T. Bowles by Kieran Ravi Bhattacharya (Haake, Jack) 39 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for L.D. Britt, M.D., M.P.H. by Kieran Ravi Bhattacharya (Haake, Jack) 40 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Frank M. Conner III by Kieran Ravi Bhattacharya (Haake, Jack) 41 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Elizabeth M. Cranwell by Kieran Ravi Bhattacharya (Haake, Jack) 42 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Thomas A. DePasquale by Kieran Ravi Bhattacharya (Haake, Jack) 43 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Barbara J. Fried by Kieran Ravi Bhattacharya (Haake, Jack) 44 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for John A. Griffin by Kieran Ravi Bhattacharya (Haake, Jack) 45 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Louis S. Haddad by Kieran Ravi Bhattacharya (Haake, Jack) 46 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Robert D. Hardie by Kieran Ravi Bhattacharya (Haake, Jack) 47 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Maurice A. Jones by Kieran Ravi Bhattacharya (Haake, Jack) 48 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Babur B. Lateef, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 49 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Angela Hucles Mangano by Kieran Ravi Bhattacharya (Haake, Jack) 50 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for C. Evans Poston Jr. by Kieran Ravi Bhattacharya (Haake, Jack) 51 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for James V. Reyes by Kieran Ravi Bhattacharya (Haake, Jack) 52 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Peter C. Brunjes by Kieran Ravi Bhattacharya (Haake, Jack) 53 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Timothy Longo Sr. by Kieran Ravi Bhattacharya (Haake, Jack) 54 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Melissa Fielding by Kieran Ravi Bhattacharya (Haake, Jack) 55 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for John J. Densmore, M.D., Ph.D. by Kieran Ravi Bhattacharya (Haake, Jack) 56 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Jim B. Tucker, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 57 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Christine Peterson, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 58 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Nora Kern, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 59 Filed & Entered: 02/27/2020
Proposed Summons
Proposed Summons for Sara K. Rasmussen, M.D. by Kieran Ravi Bhattacharya (Haake, Jack) 60 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Robert M. Blue NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 61 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Mark T. Bowles NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 62 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Frank M. Conner, III. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 63 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to L. D. Britt NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 64 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Peter C. Brunjes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 65 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Elizabeth M. Cranwell NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 66 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to John J. Densmore NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 67 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Barbara J. Fried NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 68 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to John A. Griffin NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 69 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Louis S. Haddad NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 70 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Robert D. Hardie NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 71 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Thomas A. DePasquale NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 72 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Melissa Fielding NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 73 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Maurice A. Jones NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 74 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Nora Kern NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 75 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Babur B. Lateef NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 76 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Timonty Longo, Sr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 77 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Angela Hucles Mangano NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 78 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to James B. Murray, Jr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 79 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Christine Peterson NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 80 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to C. Evans Poston, Jr. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 81 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Sara K. Rasmussen NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 82 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to James V. Reyes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 83 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Jim B. Tucker NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 84 Filed & Entered: 02/28/2020
Electronic Summons Issued
Electronic Summons Issued as to Whittington W. Clement NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(hnw) 85 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on James B. Murray Jr. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 86 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Mark T. Bowles on 03/04/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 87 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on L.D. Britt, M.D., M.P.H. on 3/9/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 88 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Frank M. Conner III on 03/03/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 89 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Elizabeth M. Cranwell on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 90 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Thomas A. DePasquale on 3/7/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 91 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Louis S. Haddad on 3/9/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 92 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Robert D. Hardie on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 93 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Babur B. Lateef, M.D. on 3/9/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 94 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on C. Evans Poston Jr. on 3/7/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 95 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Peter C. Brunjes on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 96 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Timothy Longo Sr. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 97 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Melissa Fielding on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 98 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on John J. Densmore, M.D., Ph.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 99 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Jim B. Tucker, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 100 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Christine Peterson, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 101 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Nora Kern, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 102 Filed & Entered: 03/17/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Sara K. Rasmussen, M.D. on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 103 Filed & Entered: 03/20/2020
Proposed Summons
Proposed Summons for James V. Reyes by Kieran Ravi Bhattacharya (Haake, Jack) 104 Filed & Entered: 03/20/2020
Electronic Summons Issued
Electronic Summons Issued as to James V. Reyes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) (Main Document 104 replaced on 3/20/2020) (hnw). Modified on 3/20/2020 (hnw).Replaced deficient pdf document with corrected pdf document 105 Filed & Entered: 03/20/2020
Certificate of Service
CERTIFICATE OF SERVICE by Kieran Ravi Bhattacharya of Service of Process for John A. Griffin, Maurice A. Jones, Angela Hucles Mangano, and James V. Reyes on March 20, 2020 (Haake, Jack) 106 Filed & Entered: 03/20/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Whittington W. Clement on 3/10/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 107 Filed & Entered: 03/20/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Robert M. Blue on 3/11/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 108 Filed & Entered: 03/20/2020
Affidavit of Service
AFFIDAVIT of Service for Summons and First Amended Complaint and Exhibits served on Barbara J. Fried on 3/4/2020, filed by Kieran Ravi Bhattacharya.(Haake, Jack) 109 Filed & Entered: 03/23/2020
Affidavit of Service
AFFIDAVIT of Service for Summons, Complaint and Exhibits served on John A. Griffin on 3/16/20, filed by Kieran Ravi Bhattacharya.(jcj) 110 Filed & Entered: 03/23/2020
Affidavit of Service
AFFIDAVIT of Service for Summons, Complaint and Exhibits served on Maurice A. Jones on 3/16/20, filed by Kieran Ravi Bhattacharya.(jcj) 111 Filed & Entered: 03/24/2020
Notice of Appearance
NOTICE of Appearance by Madeline Markelz Gibson on behalf of Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker (Gibson, Madeline) 112 Filed & Entered: 03/24/2020Terminated: 03/31/2021
Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Attachments: # (1) Text of Proposed Order)(Gibson, Madeline) 113 Filed & Entered: 03/24/2020
Brief / Memorandum in Support Brief / Memorandum in Support re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 114 Filed & Entered: 04/07/2020
Letter
Letter submitting a thumb drive to accompany Exhibit coversheets filed with the First Amended Complaint on 2/19/2020 (ECF. Dkt. 33). by Kieran Ravi Bhattacharya (jcj) Available for viewing in the Clerk's office. 115 Filed & Entered: 04/07/2020
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Kieran Ravi Bhattacharya. (Lockerby, Michael) 116 Filed & Entered: 04/14/2020
Reply to Response to Motion REPLY to Response to Motion re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 117 Filed & Entered: 04/22/2020
Notice of Hearing on Motion
NOTICE of Hearing on Motion [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint : (CR) (No Interpreter requested) Motion Hearing set for 6/24/2020 11:00 AM in Charlottesville before Senior Judge Norman K. Moon. (hnw) 118 Filed & Entered: 04/22/2020
Notice of Appearance
NOTICE of Appearance by Calvin Cameron Brown on behalf of Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker (Brown, Calvin) 119 Filed & Entered: 06/16/2020
Notice Rescheduling Hearing on Motion
NOTICE Rescheduling Hearing on Motion [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint(CR)(No Interpreter requested) previously set for June 24, 2020 at 11:00 a.m. before Judge Norman K. Moon in Charlottesville:TELEPHONIC Motion Hearing NOW SET for June 24, 2020 11:00 AM in Charlottesville before Senior Judge Norman K. Moon. Parties will receive an email with dial in instructions. (hnw) 120 Filed & Entered: 06/24/2020
Motion Hearing
Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 6/24/2020 re [112] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Christine Peterson, Robert D. Hardie, Maurice A. Jones, Whittington W. Clement, Mark T. Bowles, Sara K. Rasmussen, John A. Griffin, Robert M. Blue, John J. Densmore, Timonty Longo, Sr., Peter C. Brunjes, Louis S. Haddad, James V. Reyes, Barbara J. Fried, Nora Kern, Babur B. Lateef, C. Evans Poston, Jr., Angela Hucles Mangano, James B. Murray, Jr., Melissa Fielding, L. D. Britt, Jim B. Tucker, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale. (Court Reporter: Mary Butenschoen) (hnw) 121 Filed & Entered: 06/30/2020
Notice Rescheduling Hearing
Notice Rescheduling Hearing pursuant to Standing Order No. 2020-14 entered June 8, 2020 in the matter of Court Operations Under the Exigent Circumstances Created by COVID-19: Phase I Reopening, (CR) (No Interpreter requested) Jury Trial previously set for July 22-24, 2020 at 9:30 a.m. before Judge Norman K. Moon in Charlottesville: Jury Trial RESET for March 1-3, 2021 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw) Filed & Entered: 09/21/2020
Notice (Other)
IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800-676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information. (mzc) (ADI) Filed & Entered: 09/29/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at https://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) Filed & Entered: 10/05/2020
Notice (NextGen)
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking your account can be found by clicking here. Remember you cannot link your accounts until on or after the court goes live on NextGen October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc) 122 Filed & Entered: 02/08/2021
Order
Oral ORDER cancelling the jury trial currently set for March 1-3, 2021 at 9:30 AM, in light of W.D. Va. Second Amended Standing Order No. 2020-10 and 2020-14. Courtroom Deputy Heidi Wheeler will contact the parties to reschedule a trial in this case. Entered by Senior Judge Norman K. Moon on 02/08/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(dg) 123 Filed & Entered: 02/08/2021
Notice of Cancellation of Hearing
Notice of Cancellation of March 1-3, 2021 Jury Trial (No Interpreter requested) (Cancel Court Reporter) (hnw) 124 Filed & Entered: 03/11/2021Terminated: 04/06/2021
Motion for Discovery MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule by Kieran Ravi Bhattacharya. Motions referred to Judge Joel C. Hoppe. (Haake, Jack) 125 Filed & Entered: 03/11/2021
Brief / Memorandum in Support Brief / Memorandum in Support re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery SchedulePlaintiff's Memorandum in Support of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 126 Filed & Entered: 03/25/2021
Brief / Memorandum in Opposition Brief / Memorandum in Opposition re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule . filed by Robert M. Blue, Mark T. Bowles, L. D. Britt, Peter C. Brunjes, Whittington W. Clement, Frank M. Conner, III, Elizabeth M. Cranwell, Thomas A. DePasquale, John J. Densmore, Melissa Fielding, Barbara J. Fried, John A. Griffin, Louis S. Haddad, Robert D. Hardie, Maurice A. Jones, Nora Kern, Babur B. Lateef, Timonty Longo, Sr, Angela Hucles Mangano, James B. Murray, Jr, Christine Peterson, C. Evans Poston, Jr, Sara K. Rasmussen, James V. Reyes, Jim B. Tucker. (Gibson, Madeline) 127 Filed & Entered: 03/26/2021
Notice of Hearing on Motion
NOTICE of Telephonic Hearing on Motion [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule : (FTR) Telephonic Motion Hearing set for 4/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 128 Filed & Entered: 03/31/2021
Reply Reply re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule, [125] Brief / Memorandum in Support, of Motion to Lift Discovery Stay and Issue New Discovery Schedule. filed by Kieran Ravi Bhattacharya. (Haake, Jack) 129 Filed & Entered: 03/31/2021
Memorandum Opinion MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 130 Filed & Entered: 03/31/2021
Order on Motion to Dismiss for Failure to State a Claim ORDER granting in part and denying in part [112] Motion to Dismiss for Failure to State a Claim. The Court GRANTS Defendants' motion to dismiss Counts II, III, and IV and DISMISSES Counts II, III, and IV with prejudice. The Court DENIES Defendants' motion to dismiss Count I. Signed by Senior Judge Norman K. Moon on 3/31/2021. (hnw) 131 Filed & Entered: 04/06/2021
FTR Log Notes with Certificate
Log Notes for Motion Hearing in the Harrisonburg Division held before Judge Joel C. Hoppe on 4/6/21. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. AT&T Conference Manager: Karen Dotson (kld) 132 Filed & Entered: 04/06/2021
Motion Hearing
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Motion Hearing held on 4/6/2021 re [124] MOTION for Discovery Plaintiff's Motion to Lift Discovery Stay and Issue New Discovery Schedule filed by Kieran Ravi Bhattacharya. (AT&T Conference Manager: Karen Dotson) (kld) 133 Filed & Entered: 04/06/2021
Notice of Hearing
NOTICE of Telephonic Hearing: (N) Status Conference Call set for 5/6/2021 09:00 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld) 134 Filed & Entered: 04/06/2021
Order on Motion for Discovery
Oral ORDER granting [124] Motion for Discovery. Entered by Magistrate Judge Joel C. Hoppe on 4/6/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH)
RESPONSE in Opposition re [5] MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss. filed by Kieran Ravi Bhattacharya. (Attachments: # (1) Attachment 1)(jcj)
Brief / Memorandum in Support re [5] MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss . filed by Rector and Visitors of the University of Virginia. (Gibson, Madeline)
MOTION to Stay Discovery Pending Filing And Resolution of Motion to Dismiss by Rector and Visitors of the University of Virginia. Motions referred to Judge Joel C. Hoppe. (Attachments: # (1) Text of Proposed Order)(Gibson, Madeline)
WAIVER OF SERVICE Returned Executed by Rector and Visitors of the University of Virginia. Rector and Visitors of the University of Virginia waiver sent on 9/30/2019, answer due 12/2/2019.(jcj)
COMPLAINT against Rector and Visitors of the University of Virginia (Filing & Administrative fee $ 400; Receipt 0423-300003211.), filed by Kieran Ravi Bhattacharya. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibits 1-25, # (3) Exhibits 26-56; Exhbits 9 and 46b are audio recordings on a thumb drive located in the Clerk's office)(jcj)
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