Potter v. River Junction

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:99-cv-00809-TSE
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Summary

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Parties
No Logo Bennie Potter, Appellant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas Phillip Mains, Jr. +1 703 273 0888
No Logo River Junction Limited Partnership, Appellee

Represented by 300 N. Washington Street

Name Phone Fax E-Mail
Space Kevin Martin O'Donnell +1 703 273 1900 kmo@henrylaw.com
No Logo River Junction Limited Partnership, Debtor
Attributes
Office Alexandria
Filed 6/7/1999
Jury Demand None
Demand $0
Nature of Suit 422 - Bankruptcy Appeals, Rule 28 U.S.C. ยง 158
Cause Section 28 U.S.C. § 1334 Bankruptcy Appeal
Jurisdiction Federal Question
Disposition Transfer/Remand - Remanded to U.S. Agency
County Alexandria City
Terminated 9/17/1999
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Cases 99-2468[], 97-19667[USBC EDVA at Alex]
Def Custody Status
Flag CLOSED
Timeline
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 32 Filed: 2/29/2000, Entered: 3/1/2000 USCA Judgment
JUDGMENT OF USCA (certified copy) filed February 4, 2000 dismissing the appeal Re: [28-1] appeal by River Junction (stas)
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Blank 31 Filed: 2/7/2000, Entered: 2/11/2000 USCA Order
COPY of USCA Order re: Appellee has filed a motion to dismiss and appellant has filed a response, with a motion for sanctions. The court denies the motion for sanctions, grants the motion to dismiss, and dismisses the appeal. (per Court of Appeals, the mandate will issue in 21 days) (mcke)
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Blank -- Filed: 11/5/1999, Entered: 11/9/1999 USCA Case Number
USCA Case Number Re: [28-1] appeal by River Junction CASE MANAGER: Donna Brown USCA NUMBER: 99-2468 (clerk)
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Blank 30 Filed: 11/4/1999, Entered: 11/8/1999 Designation of Record on Appeal
DESIGNATION by River Junction of record on appeal (clerk)
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Blank 29 Filed: 11/4/1999, Entered: 11/8/1999 Remark
STATEMENT OF ISSUES ON APPEAL filed by appellee River Junction re: [28-1] appeal by River Junction (clerk)
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Blank 28 Filed: 10/25/1999, Entered: 10/26/1999 Notice of Appeal
NOTICE OF APPEAL OF [27-1] order dated 10/14/99, [20-1] order dated 9/17/99 by River Junction . FILING FEE $ 105.00 RECEIPT # 100132225 Copies sent to River Junction, Bennie Potter. Copy of docket entries, notice of appeal, orders and transmittal forwarded to the USCA. (clerk)
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Blank -- Filed: 10/21/1999, Entered: 10/21/1999 Docket Annotation
Bankruptcy Records returned. (clerk)
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Blank 27 Filed: 10/14/1999, Entered: 10/15/1999 OrderCourt Filing
ORDER denying [25-1] motion by Bennie Potter to Reschedule Hearing as MOOT, denying [21-1] motion by River Junction to Alter or Amend [20-1] order, denying [21-2] motion by River Junction for Relief from Order ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 10/15/99] (clerk)
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Blank 26 Filed: 10/13/1999, Entered: 10/13/1999 Response in Opposition to Motion
RESPONSE by Bennie Potter in opposition to [21-1] motion by River Junction to Alter or Amend [20-1] order [21-2] motion by River Junction for Relief from Order (FORWARDED TO TSE) (clerk)
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Blank 25 Filed: 10/13/1999, Entered: 10/13/1999, Terminated: 10/14/1999 Motion to Continue
MOTION by Bennie Potter to Reschedule Hearing (clerk)
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Blank 24 Filed: 9/29/1999, Entered: 10/4/1999 Transcript
TRANSCRIPT for dates of 9/17/99 (before TSE), 19 pp. (tbul)
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Blank 23 Filed: 9/27/1999, Entered: 9/29/1999 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 10/15/99 for [21-1] motion by River Junction to Alter or Amend [20-1] order, set for 10:00 10/15/99 for [21-2] motion by River Junction for Relief from Order (clerk)
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Blank 22 Filed: 9/27/1999, Entered: 9/29/1999 Memorandum in Support
MEMORANDUM by River Junction in support of [21-1] motion by River Junction to Alter or Amend [20-1] order by River Junction, [21-2] motion by River Junction for Relief from Order by River Junction (clerk)
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Blank 21 Filed: 9/27/1999, Entered: 9/29/1999 Motion to Amend/Correct
MOTION by River Junction to Alter or Amend [20-1] order , or in the alternative by River Junction for Relief from Order (clerk)
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Blank 20 Filed: 9/17/1999, Entered: 9/23/1999 OrderCourt Filing
ORDER that the [6-1] motion by Bennie Potter to Disqualify Counsel and Representative of Debtor is DENIED as moot; that the [9-1] motion by River Junction for Sanctions and costs pursuant to Rule 11 is DENIED; and that the [17-1] motion by River Junction moving the court to withdraw the brief of Appellee and to reopen the bankruptcy proceeding concerning River Junction Limited Partnership to permit the administration of unadministered assest is GRANTED. It is further ORDERED that the appeal is hereby REMANDED to the Bankruptcy Court for further proceedings consistent with the opinion of the Court as stated from the Bench ( signed by Judge T. S. Ellis III ) Copies Mailed: ehp [EOD Date: 9/23/99] (tbul)
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Blank -- Filed: 9/17/1999, Entered: 9/23/1999 Terminated Case
Case closed. One pldg. missing. Certified copy of Order sent to B.R. Ct. Record to go back to B.R. about 10/18/99. (tbul)
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Blank -- Filed: 9/17/1999, Entered: 9/23/1999 Case Assigned/Reassigned
CASE assigned to Judge T. S. Ellis III (tbul)
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Blank -- Filed: 9/17/1999, Entered: 9/17/1999 Minutes-Miscellaneous
Minute entry: MOTION HEARING HELD before Judge T.S. Ellis, III. Reporter: Rodriquez. Appearances: Thomas Mains for appellant; no counsel present for appellee. The Ct. heard & granted River Junction's motion to withdraw the brief of appellee, but the Ct. noted that this is not the proper time to decide whether or not to reopen the B.R. proceeding. The Ct. remanded this action to the B.R. court. In addition, older motions were decided: the [9-1] motion by River Junction for Sanctions and costs pursuant to Rule 11 was denied; the [6-1] motion by Bennie Potter to Disqualify Counsel and Representative of Debtor was denied as moot. (tbul)
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Blank 19 Filed: 9/10/1999, Entered: 9/13/1999 Remark
SUPPLEMENTAL STATEMENT filed by appellee River Junction in support of [9-1] opposition response to motion to disqualify counsel by River Junction (clerk)
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Blank 18 Filed: 9/8/1999, Entered: 9/8/1999 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 9/10/99 for [17-1] motion by River Junction moving the court to withdraw the brief of Appellee and to reopen the bankruptcy proceeding concerning River Junction Limited Partnership to permit the administration of unadministered assest (clerk)
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Blank 17 Filed: 9/8/1999, Entered: 9/8/1999, Terminated: 9/17/1999 Motion for Miscellaneous Relief
MOTION by River Junction moving the court to withdraw the brief of Appellee and to reopen the bankruptcy proceeding concerning River Junction Limited Partnership to permit the administration of unadministered assest (Forwarded to TSE) (clerk)
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Blank 16 Filed: 9/8/1999, Entered: 9/8/1999 Notice of Appearance
NOTICE of Attorney Appearance for River Junction by Thomas Phillip Mains Jr. (clerk)
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Blank -- Filed: 9/8/1999, Entered: 9/8/1999 Set/Reset Deadlines:
Deadline updated; Motion Hearing set for 10:00 9/17/99 for [17-1] motion by River Junction moving the court to withdraw the brief of Appellee and to reopen the bankruptcy proceeding concerning River Junction Limited Partnership to permit the administration of unadministered assest (clerk)
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Blank 15 Filed: 9/2/1999, Entered: 9/2/1999 Transcript
TRANSCRIPT for the date of 8/20/99 before TSE (Motions) (agil)
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Blank 14 Filed: 8/20/1999, Entered: 8/31/1999 OrderCourt Filing
ORDER, upon appellant's motion to disqualify counsel and appellee's motion for sanctions pursuant to Rule 11, Fed.R.Civ.P., that for reasons stated from the Bench, the motions are hereby DEFERRED pending the decision of Judge Vieregg of the Fairfax Co. Cir. Ct. It is further ORDERED that each party shall notify the Court of said decision by filing a pleading by c.o.b. 9/10/99 w/ copy of the order attached and stating the effect on this matter ( signed by Judge T. S. Ellis III ) Copies Mailed: Yes [EOD Date: 8/31/99] (tbul)
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Blank -- Filed: 8/20/1999, Entered: 8/31/1999 Minutes-Miscellaneous
Minute entry: MOTION HEARING HELD before Judge T.S. Ellis, III. Reporter: Linnell. Appearances: Counsel. [9-1] motion by River Junction for Sanctions and costs pursuant to Rule 11 heard & deferred; [6-1] motion by Bennie Potter to Disqualify Counsel and Representative Debtor heard & deferred, both pending a further opportunity for Judge Vieregg to enter decree. (tbul)
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Blank 13 Filed: 8/13/1999, Entered: 8/16/1999 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 8/20/99 for [9-1] motion by River Junction for Sanctions and costs pursuant to Rule 11 (clerk)
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Blank 12 Filed: 8/13/1999, Entered: 8/16/1999 Affidavit
AFFIDAVIT of Henry & O'Donnell, P.C. Re: [9-1] motion by River Junction for Sanctions and costs pursuant to Rule 11 by River Junction (clerk)
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Blank 11 Filed: 8/13/1999, Entered: 8/16/1999 Affidavit
AFFIDAVIT of Robert Travers Re: [9-1] motion by River Junction for Sanctions and costs pursuant to Rule 11 by River Junction (clerk)
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Blank 10 Filed: 8/13/1999, Entered: 8/16/1999 Memorandum in Support
MEMORANDUM by River Junction in support of [9-1] motion by River Junction for Sanctions and costs pursuant to Rule 11 by River Junction, [9-1] opposition response by River Junction (clerk)
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Blank 9 Filed: 8/13/1999, Entered: 8/16/1999 Motion for Sanctions
MOTION by River Junction for Sanctions and costs pursuant to Rule 11 (Motion filed w/ opposition) (clerk)
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Blank 9 Filed: 8/13/1999, Entered: 8/16/1999 Response in Opposition to Motion
RESPONSE by River Junction in opposition to [6-1] motion by Bennie Potter to Disqualify Counsel and Representative of Debtor by Bennie Potter (clerk)
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Blank 8 Filed: 7/29/1999, Entered: 8/2/1999 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 8/20/99 for [6-1] motion by Bennie Potter to Disqualify Counsel and Representative of Debtor (pmil)
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Blank 7 Filed: 7/29/1999, Entered: 8/2/1999 Memorandum in Support
MEMORANDUM OF POINTS AND AUTHORITIES by Bennie Potter in support of [6-1] motion by Bennie Potter to Disqualify Counsel and Representative of Debtor (pmil)
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Blank 6 Filed: 7/29/1999, Entered: 8/2/1999, Terminated: 9/17/1999 Motion for Miscellaneous Relief
MOTION by Bennie Potter to Disqualify Counsel and Representative of Debtor (pmil)
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Blank 5 Filed: 7/16/1999, Entered: 7/19/1999 Miscellaneous Document
Reply Brief by Bennie Potter to [4-1] appellee's brief by River Junction (clerk)
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Blank 4 Filed: 7/7/1999, Entered: 7/8/1999 Appellees Brief
Appellee's BRIEF by River Junction Appellant's reply brief due 7/19/99 for Bennie Potter (clerk)
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Blank 3 Filed: 6/23/1999, Entered: 6/24/1999 Appellants Brief
Appellant's BRIEF by Bennie Potter . Appellee's brief due 7/8/99 for River Junction (clerk)
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Blank 2 Filed: 6/7/1999, Entered: 6/8/1999 Set/Reset Deadlines:
NOTICE of docketing bankruptcy record on appeal. Appellant's brief due 6/22/99 for Bennie Potter. Appellee's brief due 7/7/99. Appellant may file a reply brief by 7/18/99. Copies Mailed: yes (clerk) Modified on 06/22/1999
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Blank 1 Filed: 6/7/1999, Entered: 6/8/1999 Appeal - Miscellaneous
Copy of notice of appeal with copy of docket sheet received from Bankruptcy Court. (clerk)
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Blank -- Filed: 6/7/1999, Entered: 6/8/1999 Bankruptcy Appeal
BANKRUPTCY RECORD on appeal received (1 red folder in filed) received. (clerk) Modified on 06/22/1999
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