Bach, et al v. School Board Va Bch, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:00-cv-00516-HCM
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Summary

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Parties
No Logo David Bach, Plaintiff
No Logo Nicole Bach, Plaintiff
v.
No Logo Chairman Daniel D. Edwards, Defendant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Mark Douglas Stiles +1 757 385 4531 +1 757 385 5687 mstiles@vbgov.com
Space Kimberly Rouse Van Essendelft +1 757 427 4531

Represented by Pender & Coward PC

Name Phone Fax E-Mail
Space Paul Arthur Driscoll +1 757 490 3000 pdriscol@pendercoward.com
Space Richard Hoyt Matthews +1 757 490 3000 +1 757 497 1914
No Logo School Board of the City of Virginia Beach, Virginia, Defendant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Mark Douglas Stiles +1 757 385 4531 +1 757 385 5687 mstiles@vbgov.com
Space Kimberly Rouse Van Essendelft +1 757 427 4531

Represented by Pender & Coward PC

Name Phone Fax E-Mail
Space Paul Arthur Driscoll +1 757 490 3000 pdriscol@pendercoward.com
Space Richard Hoyt Matthews +1 757 490 3000 +1 757 497 1914
Attributes
Office Norfolk
Filed 7/11/2000
Jury Demand None
Demand $0
Nature of Suit 440 - Civil Rights: Other
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition Judgment - Court Trial
County Virginia Beach City
Terminated 5/4/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 00-2228[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (70) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 9/1/2004, Entered: 2/17/2005 Miscellaneous Document
Case filed archived in Federal Records Center (ptho)
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Blank -- Filed: 8/24/2004, Entered: 12/16/2004 Docket Annotation
Exhibits destroyed. (ariv)
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Blank 41 Filed: 6/21/2001, Entered: 6/22/2001 TranscriptCourt Filing
TRANSCRIPT OF TRIAL, pages 1-51 for date of 3/15/01 before US District Judge Henry Coke Morgan, Jr.; D.M. Gray, OCR (jcow)
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Blank 40 Filed: 6/12/2001, Entered: 6/12/2001 Costs Taxed
Costs taxed in the amount of $ 150.00 for David Bach, Nicole Bach, and included in the judgment, by Clerk. O.B. Copies mailed 6/12/01. (ariv)
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Blank 39 Filed: 5/25/2001, Entered: 5/30/2001 Objection
OBJECTION by defendant School Board Va Bch, defendant Edwards, Daniel D. to [38-1] bill of costs by plaintiffs. (ariv)
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Blank 38 Filed: 5/17/2001, Entered: 5/18/2001 Bill of Costs
Bill of costs in the amount of $225.00 filed by David Bach, Nicole Bach, filed subject to defect (late) (ariv)
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Blank 37 Filed: 5/4/2001, Entered: 5/4/2001 Judgment*Court Filing
JUDGMENT on decision of the court that the court finds that the contested provision in Bylaw 1-48 is unconstitutional as a prior restraint upon speech in a limited public forum. It is further ordered that the court finds that the contested provision is not a critical or essential part of Bylaw 1-48 and the Bylaw as a whole is not dependant entirely upon the validity of the contested provision. It is further ordered that the contested provision, Bylaw 1-48(B)(2) be stricken. The remaining provisions of Bylaw 1-48 shall remain unaffected, entered by the clerk and approved by U.S. District Court Judge Henry Coke Morgan, Jr. 5/3/01 and filed 5/4/01, o.b., Copies Mailed: 5/4/01 [EOD DATE: 5/4/01] (jcow)
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Blank -- Filed: 5/4/2001, Entered: 5/4/2001 Permanent Record
Permanent Record (jcow)
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Blank -- Filed: 5/4/2001, Entered: 5/4/2001 Terminated Case
Case closed (jcow)
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Blank 36 Filed: 5/3/2001, Entered: 5/3/2001 OrderCourt Filing
OPINION AND ORDER that the Court finds that the contested provision in Bylaw 1-48 is unconstitutional as a prior restraint upon speech in a limited public forum; the Court finds that the contested provisiion is not a critical or essential part of Bylaw 1-48 and the Bylaw as a whole is not dependant entirely upon the validity of the contested provision; Ordering the the contested provisiion Bylaw 1-48(B)(2) be stricken, the remaining provisions of Bylaw 1-48 shall remain unaffected by this Order, entered 4/27/01 and filed 5/3/01 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 5/3/01 [EOD Date: 5/3/01] (jcow)
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Blank 35 Filed: 3/15/2001, Entered: 3/16/2001 Minutes-Miscellaneous
Minute entry: COURT TRIAL PROCEEDINGS: HCM, Jr., j; Diane Gray, OCR. Ptfs. app. pro se. Richard Matthews, Mark Stiles & Paul Driscoll app. on behalf of dfts. (John Newhart app. as representative of dfts.) Came on for trial by the Court. Opening statements heard. Ptf. & dfts. pres. evidence & rested. Closing arguments heard. Court's comments read into record. Court takes matter under advisement. Court to prepare Opinion and kept file. Adj. (danc)
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Blank -- Filed: 3/15/2001, Entered: 3/16/2001 Bench Trial - Held
Bench trial held (danc)
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Blank 34 Filed: 3/13/2001, Entered: 3/13/2001 Memorandum in Opposition
MEMORANDUM by School Board Va Bch, Edwards, Daniel D. in opposition to [31-1] motion for Summary Judgment by Nicole Bach, David Bach, received (jcow)
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Blank 33 Filed: 3/2/2001, Entered: 3/5/2001 Memorandum in Opposition
MEMORANDUM by David Bach, Nicole Bach in opposition to [29-1] motion to postpone trial pending resolutio of defendants' motion for summary judgment by Edwards, Daniel D., School Board Va Bch, received (jcow)
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Blank 32 Filed: 3/2/2001, Entered: 3/5/2001 Memorandum in Support
MEMORANDUM in support of [31-1] motion for Summary Judgment by Nicole Bach, David Bach, received (jcow)
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Blank 32 Filed: 3/2/2001, Entered: 3/5/2001 Memorandum in Opposition
MEMORANDUM by David Bach, Nicole Bach in opposition to [27-1] motion for Summary Judgment by Edwards, Daniel D., School Board Va Bch, received (jcow)
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Blank 31 Filed: 3/2/2001, Entered: 3/5/2001 Motion for Summary Judgment
MOTION by Nicole Bach, David Bach for Summary Judgment (jcow)
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Blank 30 Filed: 2/23/2001, Entered: 2/23/2001 OrderCourt Filing
Final Pretrial Order entered in the presence of counsel and filed 2/23/01, ( signed by Magistrate Judge Tommy E. Miller ) (jcow)
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Blank -- Filed: 2/23/2001, Entered: 2/23/2001 Pretrial Conference - Final
Final Pre-Trial Conference held (jcow)
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Blank 29 Filed: 2/22/2001, Entered: 2/22/2001, Terminated: 5/4/2001 Motion for Miscellaneous Relief
MOTION by Edwards, Daniel D., School Board Va Bch to postpone trial pending resolutio of defendants' motion for summary judgment (jcow)
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Blank 28 Filed: 2/22/2001, Entered: 2/22/2001 Memorandum in Support
MEMORANDUM in support of [27-1] motion for Summary Judgment by Edwards, Daniel D., School Board Va Bch, received (jcow)
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Blank 27 Filed: 2/22/2001, Entered: 2/22/2001, Terminated: 5/4/2001 Motion for Summary Judgment
MOTION by Edwards, Daniel D., School Board of Va Bch for Summary Judgment (jcow)
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Blank 26 Filed: 2/20/2001, Entered: 2/21/2001 Memorandum in Opposition
MEMORANDUM by School Board of Virginia Beach, Edwards, Daniel D. in opposition to [24-1] amended complaint by Nicole Bach, David Bach, received (jcow)
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Blank 25 Filed: 2/20/2001, Entered: 2/20/2001, Terminated: 5/4/2001 Answer to Amended Complaint
ANSWER by School Board Va Bch, Edwards, Daniel D. to amended complaint (jcow)
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Blank 24 Filed: 2/7/2001, Entered: 2/7/2001 Amended Complaint
AMENDED COMPLAINT by David Bach, Nicole Bach (Answer due 3/2/01 for Edwards, Daniel D., for School Board Va Bch ) amending [1-1] complaint (jcow)
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Blank 23 Filed: 1/18/2001, Entered: 1/18/2001 USCA Judgment
JUDGMENT OF USCA dismissing this appeal pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure (certified copy) Re: [10-1] appeal by Nicole Bach, David Bach, filed. ob. (clerk)
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Blank 22 Filed: 1/8/2001, Entered: 1/8/2001 OrderCourt Filing
OPINION AND ORDER dismissing the plaintiffs' as applied challenge as moot; dismissing the overbreadth and vagueness challenges as moot; and granting the plaintiffs leave to amend their complaint and raise a facial challenge to the amended Bylaws if they be so advised within 30 days of the date of this order, set Respond Deadline 2/7/01 , if an amendment is not received within 30 days of the date of this order, the facial challenge will be dismissed as moot, entered and filed 1/8/01 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 1/8/01 [EOD Date: 1/8/01] (jcow)
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Blank -- Filed: 12/1/2000, Entered: 12/1/2000 Motions Referred
Motion referred: [18-1] motion by Edwards, Daniel D., School Board Va Bch to Dismiss, referred to Judge Henry C. Morgan Jr. (jcow)
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Blank 21 Filed: 11/28/2000, Entered: 11/28/2000 Reply to Response to Motion
REPLY to response to [18-1] motion to Dismiss by Edwards, Daniel D., School Board Va Bch, received (jcow)
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Blank 20 Filed: 11/17/2000, Entered: 11/20/2000 Memorandum in Opposition
MEMORANDUM by David Bach, Nicole Bach in opposition to [18-1] motion to Dismiss by Edwards, Daniel D., School Board Va Bch, received (jcow)
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Blank 19 Filed: 11/2/2000, Entered: 11/2/2000 Memorandum in Support
MEMORANDUM in support of [18-1] motion to Dismiss by Edwards, Daniel D., School Board Va Bch, received (jcow)
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Blank 18 Filed: 11/2/2000, Entered: 11/2/2000, Terminated: 5/4/2001 Motion to Dismiss
MOTION by Edwards, Daniel D., School Board Va Bch to Dismiss (jcow)
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Blank 17 Filed: 10/19/2000, Entered: 10/19/2000 Judgment*
JUDGMENT on decision of the court that the plaintiff's motion for an injunction pending appeal is DENIED; entered by the clerk and filed 10/19/00, o.b., Copies Mailed: 10/19/00 [EOD DATE: 10/19/00] (jcow)
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Blank 16 Filed: 10/19/2000, Entered: 10/19/2000 OrderCourt Filing
OPINION AND ORDER denying [11-1] motion by Nicole Bach, David Bach for temporary injunction pending appeal, entered 10/18/00 and filed 10/19/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 10/19/00 [EOD Date: 10/19/00] (jcow)
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Blank -- Filed: 10/16/2000, Entered: 10/16/2000 Motions Referred
Motion referred: [11-1] motion by Nicole Bach, David Bach for temporary injunction, referred to Judge Henry C. Morgan Jr. (jcow)
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Blank -- Filed: 10/16/2000, Entered: 10/16/2000 Certificate of Completion
Certification of completion sent to USCA re: [10-1] appeal by Nicole Bach, David Bach (clerk)
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Blank -- Filed: 10/16/2000, Entered: 10/16/2000 Case Assigned/Reassigned
CASE assigned to Judge Henry C. Morgan Jr. (jcow)
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Blank 15 Filed: 10/5/2000, Entered: 10/5/2000 Memorandum in Opposition
MEMORANDUM by School Board Va Bch, Edwards, Daniel D. in opposition to [11-1] motion for temporary injunction by Nicole Bach, David Bach, received (jcow)
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Blank 14 Filed: 10/5/2000, Entered: 10/5/2000 OrderCourt Filing
Order on Initial Pretrial Conference setting Trial date 10:00 3/15/01 and Final Pretrial conference for 9:30 2/23/01; proposed findings of fact and conclusions of law due by 3/8/01; all de bene esse depositions to be concluded by 2/2/01; plaintiffs to complete discovery by 12/19/00 and defendants by 1/19/01; deadlines established for disclosure of expert testimony; all pleadings to be filed in the Norfolk Division; entered 10/3/00 and filed 10/5/00 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 10/5/00 (jcow)
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Blank -- Filed: 10/3/2000, Entered: 10/5/2000 Pretrial Conference - Initial
Initial pretrial conference held (jcow)
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Blank -- Filed: 9/27/2000, Entered: 9/27/2000, Terminated: 1/18/2001 USCA Case Number
USCA Case Number Re: [10-1] appeal by Nicole Bach, David Bach CASE MANAGER: Amy Brandon USCA NUMBER: 00-2228 (clerk)
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Blank 13 Filed: 9/26/2000, Entered: 9/26/2000 TranscriptCourt Filing
TRANSCRIPT of proceedings before Judge Morgan for date of 8/9/00, Gloria Smith, OCR (jcow)
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Blank 12 Filed: 9/22/2000, Entered: 9/25/2000 Memorandum in Support
MEMORANDUM in support of [11-1] motion for temporary injunction by Nicole Bach, David Bach, received (jcow)
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Blank 11 Filed: 9/22/2000, Entered: 9/25/2000, Terminated: 10/19/2000 Motion for Miscellaneous Relief
MOTION by Nicole Bach, David Bach for temporary injunction (jcow)
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Blank -- Filed: 9/18/2000, Entered: 9/18/2000, Terminated: 1/18/2001 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Opinion and Order On Plaintiffs' Motion for Preliminary Injunction, Judgment and docket sheet to USCA: copy of notice of appeal and docketing statement to plaintiffs/appeallants; copy of notice fo appeal to counsel of record re: [10-1] appeal by Nicole Bach, David Bach (clerk)
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Blank 10 Filed: 9/15/2000, Entered: 9/18/2000 Notice of Appeal
NOTICE OF APPEAL by David Bach, Nicole Bach. FILING FEE $ 105.00 RECEIPT # 200 26825 (clerk)
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Blank -- Filed: 9/11/2000, Entered: 9/11/2000 Pretrial Conference - Initial
Initial pretrial conference re-set at 2:00 10/3/00 (jcow)
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Blank -- Filed: 9/8/2000, Entered: 9/11/2000 Pretrial Conference - Initial
Initial pretrial conference set at 3:30 9/21/00 (jcow)
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Blank 9 Filed: 9/7/2000, Entered: 9/7/2000 Judgment*
JUDGMENT on decision of the court that the defendant's motion for preliminary injunction is DENIED, entered by the clerk and filed 9/7/00, o.b., Copies Mailed: 9/7/00 [EOD DATE: 9/7/00] (jcow)
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Blank 8 Filed: 9/7/2000, Entered: 9/7/2000 OrderCourt Filing
ORDER denying [1-1] motion by Nicole Bach, David Bach for Preliminary Injunction, entered and filed 9/7/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 9/7/00 [EOD Date: 9/7/00] (jcow)
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Blank -- Filed: 9/7/2000, Entered: 9/7/2000 Miscellaneous Document
Referred for Initial Pretrial Conference (jcow)
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Blank 7 Filed: 8/9/2000, Entered: 8/9/2000 Minutes-Miscellaneous
Minute entry: COURT PROCEEDINGS: HCM, JR., J; Gloria Smith, OCR. Appearances: David and Nicole Bach app. pro se for pltfs; Mark D. Stiles and Paul A. Driscoll app. on behalf of defts. Came on for hearing on pltf's motion for prel. inj. and plt's motion for permanent inj; Evidence presented. Argued. Rebuttal heard. Court takes matter under advisement and will issue an opinion. (jtho)
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Blank -- Filed: 8/9/2000, Entered: 8/9/2000 Motion Hearing
Motion hearing held re: [1-1] motion by Nicole Bach, David Bach for Preliminary Injunction by Nicole Bach, David Bach, [1-2] motion by Nicole Bach, David Bach for Permanent Injunction by Nicole Bach, David Bach (jtho)
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Blank -- Filed: 8/7/2000, Entered: 8/7/2000 Motion Hearing
Motion hearing re: [1-1] motion by Nicole Bach, David Bach for Preliminary Injunction set at 2:00 8/9/00, [1-2] motion by Nicole Bach, David Bach for Permanent Injunction set at 2:00 8/9/00 (jcow)
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Blank 6 Filed: 8/1/2000, Entered: 8/2/2000 Affidavit
AFFIDAVIT of Timothy R. Jenney Re: [6-1] opposition memorandum by Edwards, Daniel D., School Board Va Bch (ariv)
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Blank 6 Filed: 8/1/2000, Entered: 8/2/2000 Affidavit
AFFIDAVIT of Daniel D. Edwards Re: [6-1] opposition memorandum by Edwards, Daniel D., School Board Va Bch (ariv)
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Blank 6 Filed: 8/1/2000, Entered: 8/2/2000 Memorandum in Opposition
MEMORANDUM by School Board Va Bch, Edwards, Daniel D. in opposition to [1-1] motion by Nicole Bach, David Bach for Preliminary Injunction, [1-2] motion by Nicole Bach, David Bach for Permanent Injunction, received. (ariv)
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Blank 5 Filed: 8/1/2000, Entered: 8/2/2000 Answer
ANSWER to Complaint by School Board Va Bch, Edwards, Daniel D. (Attorney Mark Douglas Stiles, Kimberly Rouse Van Essendelft, Richard Hoyt Matthews, Paul Arthur Driscoll), (ariv)
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Blank 4 Filed: 7/31/2000, Entered: 8/1/2000 Remark
Amended certificate of service by plaintiff David Bach, plaintiff Nicole Bach (ariv)
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Blank -- Filed: 7/24/2000, Entered: 7/24/2000 Motion Hearing
Motion hearing re: [1-1] motion by Nicole Bach, David Bach for Preliminary Injunction set at 11:00 8/10/00, [1-2] motion by Nicole Bach, David Bach for Permanent Injunction set at 11:00 8/10/00 (jcow)
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Blank 3 Filed: 7/13/2000, Entered: 7/13/2000 Summons Returned Executed
SUMMONS Returned Executed as to School Board of the City of Virginia Beach 7/12/00 Answer due on 8/1/00 for School Board of the City of Virginia Beach (jcow)
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Blank -- Filed: 7/12/2000, Entered: 7/12/2000 Summons Issued
SUMMONSES with one certified copy issued for School Board of the City of Virginia Beach and Chairman Edwards, Daniel D. and provided to counsel, mag notice (jcow)
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Blank 2 Filed: 7/11/2000, Entered: 7/11/2000 Affidavit
AFFIDAVIT of Michael B. Hamar Re: [2-1] support memorandum by Nicole Bach, David Bach (jcow)
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Blank 2 Filed: 7/11/2000, Entered: 7/11/2000 Affidavit
AFFIDAVIT of Alison Champagnie Re: [2-1] support memorandum by Nicole Bach, David Bach (jcow)
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Blank 2 Filed: 7/11/2000, Entered: 7/11/2000 Affidavit
AFFIDAVIT of Doug Wojtaszek Re: [2-1] support memorandum by Nicole Bach, David Bach (jcow)
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Blank 2 Filed: 7/11/2000, Entered: 7/11/2000 Affidavit
AFFIDAVIT by Nicole Bach Re: [2-1] support memorandum by Nicole Bach, David Bach (jcow)
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Blank 2 Filed: 7/11/2000, Entered: 7/11/2000 Affidavit
AFFIDAVIT by David Bach Re: [2-1] support memorandum by Nicole Bach, David Bach (jcow)
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Blank 2 Filed: 7/11/2000, Entered: 7/11/2000 Memorandum in Support
MEMORANDUM in support of [1-1] motion for Preliminary Injunction, [1-2] motion for Permanent Injunction by Nicole Bach, David Bach, received (jcow)
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Blank 1 Filed: 7/11/2000, Entered: 7/11/2000, Terminated: 9/7/2000 Motion for Preliminary Injunction
MOTION by Nicole Bach, David Bach for Preliminary Injunction , and by Nicole Bach, David Bach for Permanent Injunction (jcow)
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Blank 1 Filed: 7/11/2000, Entered: 7/11/2000, Terminated: 9/7/2000 Complaint
COMPLAINT, Filing Fee $ 150.00 Receipt # 26158 (jcow)
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