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Filed: 9/13/2007, Entered: 9/13/2007 |
Remark |
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[169] motion to enforce settlement withdrawn by counsel, per letter (mwin, )
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| 170 |
Filed: 9/4/2007, Entered: 9/6/2007 |
USCA Order |
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Certified copy of ORDER of USCA as to [166] Notice of Appeal filed by School Board of the City of Virginia Beach, and [167] Notice of Appeal filed by Cheryl A. Peters, dismissing the appeal upon such terms as have been agreed to by the parties. (mwin, )
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| 169 |
Filed: 8/17/2007, Entered: 8/20/2007 |
~Motion for Settlement |
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MOTION to enforce settlement, by School Board of the City of Virginia Beach. (mwin, )
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| 168 |
Filed: 5/17/2007, Entered: 5/21/2007 |
USCA Order |
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Copy of ORDER of USCA consolidating these cases for purposes of briefing and oral argument; outlining certain requirements; re [166] Notice of Appeal filed by School Board of the City of Virginia Beach, [167] Notice of Appeal filed by Cheryl A. Peters (mwin, )
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Filed: 5/17/2007, Entered: 5/21/2007 |
USCA Case Number |
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USCA Case Number 07-1424 USCA, Case Mgr.: Jeffrey S. Neal, for [167] Notice of Appeal filed by Cheryl A. Peters. (mwin, )
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Filed: 5/17/2007, Entered: 5/21/2007 |
USCA Case Number |
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USCA Case Number USCA 07-1423 USCA, Case Mgr.: Jeffrey S. Neal, for [166] Notice of Appeal filed by School Board of the City of Virginia Beach. (mwin, )
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Filed: 4/24/2007, Entered: 4/24/2007, Terminated: 9/4/2007 |
Transmission of Notice of Appeal to 4CCA |
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Transmission of copy of Notice of Appeal and certified copy of Docket Sheet, with copies of #152 order, #164 order, #165 judgment, to US Court of Appeals re plaintiff's [167] Notice of Appeal; copies of notice of appeal and transmittal sheet mailed to counsel. (mwin, )
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Filed: 4/24/2007, Entered: 4/24/2007, Terminated: 9/4/2007 |
Transmission of Notice of Appeal to 4CCA |
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Transmission of copy of Notice of Appeal and certified copy of Docket Sheet, with copies of #60 order, #61 judgment, #112 order, #113 judgment, #158 order, #164 order, #165 judgment to US Court of Appeals re defendant's [166] Notice of Appeal; copies of notice of appeal and transmittal sheet mailed to counsel (mwin, )
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| 167 |
Filed: 4/23/2007, Entered: 4/24/2007 |
Notice of Appeal |
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NOTICE OF APPEAL as to [152] Order, [164] Order, by Cheryl A. Peters. Filing fee $455, receipt number 200000259. (mwin, )
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| 166 |
Filed: 4/20/2007, Entered: 4/20/2007, Terminated: 9/4/2007 |
Notice of Appeal |
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NOTICE OF APPEAL as to [60] order, [112] order, [158] Order, [164] Order, by School Board of the City of Virginia Beach. Filing fee $455, receipt number 200000240. (mwin, )
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| 165 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Clerks Judgment |
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CLERK'S JUDGMENT pursuant to final order entered 3/22/07, entering judgment in favor of plaintiff Cheryl A. Peters and against defendant School Board of the City of Virginia Beach on Count I, plaintiffs Title VI retaliation claim; accordingly, awarding plaintiff $50,000.00 for emotional distress and $175,000.00 for back pay pursuant to the jury's verdict; pursuant to Final Order of the Court entered March 22, 2007, dismissing plaintiffs Count II, the §1983 First Amendment claim, pursuant to the Opinion and Order filed September 29, 2006; therefore, dismissing defendants Timothy Jenney and Sheila Magula as defendants. Signed by the Clerk and filed on 3/22/07. Copies mailed 3/22/07. ob(mwin, )
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| 164 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Order |
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FINAL ORDER directing that judgment be entered in favor of the plaintiff and against defendant Virginia Beach School Board on Count I, Plaintiff's Title VI retaliation claim; accordingly, awarding plaintiff $50,000 for emotional distress and $175,000 for back pay pursuant to the jury's verdict; dismissing Plaintiff's Count II, the Section 1983 First Amendment claim pursuant to the Opinion and Order filed 9/29/06; therefore, dismissing Timothy Jenney and Sheila Magula as defendants. Signed by Judge Tommy E. Miller and filed on 3/22/07. Copies mailed 3/22/07.(mwin, )
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| 163 |
Filed: 3/21/2007, Entered: 3/22/2007 |
Order |
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ORDER, agreed, STAYING plaintiff's motion for attorney's fees and costs until exhaustion of appeals; following exhaustion of appeals, plaintiff shall be permiteed to supplement fully her petition for attorney's fees and costs. Signed by Judge Tommy E. Miller on 3/20/07 and filed 3/21/07. Copies mailed 3/22/07. (mwin, )
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| 162 |
Filed: 3/21/2007, Entered: 3/22/2007 |
Order |
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ORDER, agreed, granting defendant's motion to withdraw defendant's motion for a new trial in part; accordingly, dismissing that portion of defendant's motion for a new trial that challenged the jury's award of back pay to plaintiff; jury's award of back pay to plaintiff in amount of $175,000 shall be reinstated, and there shall not be a new trial nisi remittitur on the issue of back pay. Signed by Judge Tommy E. Miller on 3/20/07 and filed 3/21/07. Copies mailed 3/22/07.(mwin, )
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| 161 |
Filed: 3/20/2007, Entered: 3/20/2007, Terminated: 3/22/2007 |
Motion for Attorney Fees |
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MOTION for Attorney Fees and costs under 42 USC 1988 by Cheryl A. Peters. (mwin, )
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| 160 |
Filed: 3/20/2007, Entered: 3/20/2007, Terminated: 3/22/2007 |
Motion to Withdraw |
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MOTION to Withdraw in part defendant's motion for a new trial by School Board of the City of Virginia Beach. (mwin, )
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Filed: 2/23/2007, Entered: 4/10/2007 |
Telephone Conference |
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Minute Entry for proceedings held before Judge Tommy E. Miller; Telephone Conference held on 2/23/2007. (afor)
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Filed: 2/23/2007, Entered: 2/28/2007 |
Telephone Conference |
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Minute Entry for proceedings held before Judge Tommy E. Miller;Telephone Conference held on 2/23/2007. (afor)
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| 159 |
Filed: 2/5/2007, Entered: 2/7/2007 |
Order |
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ORDER on conference call on plaintiff's motion for continuance for filing pleading accepting or rejecting the remittitur of the back pay award re [158] Order; granting motion; directing plaintiff to file her pleading accepting or rejecting the remittitur of the back pay award by 3/15/07. Signed by Judge Tommy E. Miller and filed on 2/5/07. Copies mailed 2/5/07(mwin, )
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 158 |
Filed: 1/26/2007, Entered: 1/29/2007 |
Order on Motion for Reconsideration |
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OPINION & ORDER denying defendant's [154] motion to reconsider defendants' motion for judgment as a matter of law; plaintiff has 11 days from filing of this opinion and order to file a pleading accepting or rejecting the remittitur of the back pay award from $175,000 to $145.000; DIRECTING CLERK TO WITHHOLD ENTRY OF JUDGMENT UNTIL FURTHER ORDER OF THE COURT. Signed by Judge Tommy E. Miller and filed on 1/26/07. Copies mailed 1/26/07. (mwin, )
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| 157 |
Filed: 11/22/2006, Entered: 11/22/2006 |
Reply to Response to Motion |
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Defendant's REPLY to Response to defendants' [154] MOTION for Reconsideration,by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach, received. (mwin, )
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| 156 |
Filed: 11/13/2006, Entered: 11/13/2006 |
Memorandum in Opposition |
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Memorandum in Opposition to [154] MOTION for Reconsideration, by Cheryl A. Peters, received (mwin, )
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| 155 |
Filed: 10/10/2006, Entered: 10/11/2006 |
Order |
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ORDER on conference call held 10/10/06; granting motions on scheduling issues; directing plaintiff to file response to motion to reconsider defendant's motion for judgment as matter of law by 11/13/06; directing defendant to file reply by 11/22/06; staying plaintiff's response to Court's #152 9/29/06 opinion and order as to remittitur; any motion for attorney fees may be filed after Court enters final order. Signed by Judge Tommy E. Miller and filed on 10/10/06. Copies mailed 10/11/06.(mwin, ) Modified on 11/27/2006 to correct typographical error mwin, ).
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| 154 |
Filed: 10/6/2006, Entered: 10/10/2006, Terminated: 1/26/2007 |
Motion for Reconsideration |
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MOTION and memorandum to reconsider defendants' motion for judgment as a matter of law by School Board of the City of Virginia Beach. (mwin, )
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| 153 |
Filed: 9/29/2006, Entered: 9/29/2006 |
Order on Motion for Attorney Fees |
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ORDER denying [82] Motion for Attorney Fees, denying [117] Motion for Attorney Fees without prejudice to plaintiff's filing a timely new motion at an appropriate date. Signed by Judge Tommy E. Miller and filed on 9/29/06. Copies mailed 9/29/06. (mwin, )
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| 152 |
Filed: 9/29/2006, Entered: 9/29/2006 |
Order on Motion for Miscellaneous Relief |
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OPINION & ORDER granting defendants' [147] motion to reconsider, and DISMISSING Count II, plaintiff's 1983 First Amendment claim against School Board, Timothy Jenney, and Sheila Magula; RESCINDING jury verdict and 3/31/05 remittitur order to extent they pertain to defendants Timothy Jenney and Sheila Magula, and DISMISSING TIMOTHY JENNEY and SHEILA MAGULA as defendants; denying defendants'[135] motion for entry of final order declaring that plaintiff accepts remittitur or ordering new trial on all issues; denying plaintiff's [138] motion to reconsider as moot; plaintiff has 11 days from the filing of this Opinion and Order to file a pleading accepting or rejecting the remittitur of the back pay award from $175,000 to $145,000; DIRECTING CLERK TO WITHHOLD ENTRY OF JUDGMENT UNTIL FURTHER ORDER OF THE COURT.Signed by Judge Tommy E. Miller and filed on 9/29/06. Copies mailed 9/29/06. (mwin, )
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| 151 |
Filed: 7/13/2006, Entered: 7/13/2006 |
Reply to Response to Motion |
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REPLY to Response to Motion re [147] MOTION for Reconsideration, by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach, received (mwin, )
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| 150 |
Filed: 7/10/2006, Entered: 7/11/2006 |
Memorandum in Opposition |
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Memorandum in Opposition to defendants' [147] MOTION for Reconsideration, by Cheryl A. Peters, received (mwin, )
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| 148 |
Filed: 6/21/2006, Entered: 6/23/2006 |
Order |
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AGREED ORDER to briefing schedule; plaintiff will file by 6/16/06 memorandum containing any procedural objections to defendant's motion to reconsider; defendants will file by 6/21/06 response to any procedural objections, as well as supplemental memorandum in suport of motion to reconsider; plaintiff will file no later than 7/10/06 memorandum opposing defendants' motion to reconsider; defendants will file in accordance with time limits in Local Rules their reply memorandum in support of their motion to reconsider. Signed by Judge Tommy E. Miller on 6/13/06; filed 6/21/06. Copies mailed 6/22/06.(mwin, )
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| 149 |
Filed: 6/2/2006, Entered: 6/23/2006 |
Memorandum in Support |
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Supplemental Memorandum in Support of [147] MOTION for Reconsideration, by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach; received per 6/22/06 order (mwin, )
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| 147 |
Filed: 5/31/2006, Entered: 6/7/2006, Terminated: 9/29/2006 |
Motion for Reconsideration |
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MOTION to reconsider prior rulings on defendants' motion for judgment as a matter of law and motion for a new trial, and memorandum in support, by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach. (mwin, )
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Filed: 5/11/2006, Entered: 5/11/2006 |
Set/Reset Hearings |
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Set/Reset Hearings: Conference call set for 5/18/2006 at 2:00 PM before Magistrate Judge Tommy E. Miller to set briefing schedule (mwin, )
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| 146 |
Filed: 4/28/2006, Entered: 5/1/2006 |
USCA Order |
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Certified copy of ORDER of USCA as to [118] Notice of Appeal filed by School Board of the City of Virginia Beach, Timothy Jenney, Sheila Magula, [121] Notice of Cross Appeal filed by Cheryl A. Peters, dismissing this appeal pursuant to Rule 42(b) of FRAP, issued as and for the mandate. (jcow, )
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| 145 |
Filed: 3/3/2006, Entered: 3/6/2006 |
Order |
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ORDER that this court finds that plaintiff did not accept the remittitur. Signed by Judge Tommy E. Miller and filed on 3/3/06. Copies mailed: 3/3/06(jcow, )
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| 144 |
Filed: 2/27/2006, Entered: 2/27/2006 |
Motion Hearing |
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MINUTE ENTRY: TEM, USMJ; Gloria Smith, OCR; appearances by Deborah Waters and Kristen Galles for plaintiff and Kimberly VanEssendelft and Mark Stiles for defendants; comments of court; argument by counsel; court takes matter under advisement; court ruled that plaintiff did not accept remittitur; court to prepare order; court in recess. Court hours: 10:00 - 10:15 a.m. (afor)
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| 143 |
Filed: 2/21/2006, Entered: 2/23/2006 |
Reply to Response to Motion |
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REPLY to Response to Motion re [138] MOTION for Reconsideration, by Cheryl A. Peters, received (mwin, )
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| 142 |
Filed: 2/14/2006, Entered: 2/15/2006 |
Memorandum in Opposition |
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Memorandum in Opposition to [138] MOTION for Reconsideration, by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach, received. (mwin, )
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| 141 |
Filed: 2/14/2006, Entered: 2/15/2006 |
Reply to Response to Motion |
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REPLY to Response to Motion re [135] MOTION for entry of a final order declaring that plaintiff accepts remittitur, or ordering new trial on all issues, by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach, received. (mwin, )
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| 140 |
Filed: 1/17/2006, Entered: 1/18/2006 |
Memorandum in Opposition |
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Memorandum in Opposition to [135] MOTION for entry of a final order declaring that plaintiff accepts remittitur, or ordering new trial on all issues, by Cheryl A. Peters, received (per order of 1/13/06) (mwin, )
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| 139 |
Filed: 1/17/2006, Entered: 1/18/2006 |
Memorandum in Support |
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Memorandum in Support of [138] MOTION for Reconsideration, by Cheryl A. Peters, received (mwin, )
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| 138 |
Filed: 1/17/2006, Entered: 1/18/2006 |
Motion for Reconsideration |
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MOTION to reconsider post-trial order granting new trial on damages, by Cheryl A. Peters. (mwin, )
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Filed: 1/17/2006, Entered: 1/18/2006 |
set motion and R&R; deadlines/hearings |
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Set/Reset Deadlines as to [135] MOTION for entry of a final order declaring that plaintiff accepts remittitur, or ordering new trial on all issues. Defendants' reply to opposition due by 2/14/2006, per 1/13/06 order. (mwin, )
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Filed: 1/17/2006, Entered: 1/18/2006 |
set motion and R&R; deadlines/hearings |
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Set/Reset Deadlines as to [138] MOTION for Reconsideration. Responses due by 1/31/2006 (mwin, )
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| 137 |
Filed: 1/13/2006, Entered: 1/18/2006 |
Order |
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ORDER, agreed, granting plaintiff extension up to and including 1/17/06 to file opposition to defendants' [135] MOTION for entry of a final order declaring that plaintiff accepts remittitur, or ordering new trial on all issues; granting defendant extension until 2/14/06 to reply. Signed by Judge Tommy E. Miller on 1/13/06; filed 1/13/06. Copies mailed 1/13/06(mwin, )
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| 136 |
Filed: 12/16/2005, Entered: 12/23/2005 |
Memorandum in Support |
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Memorandum in Support re [135] MOTION for entry of a final order declaring that plaintiff accepts remittitur, or ordering new trial on all issues, by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach, received. (mwin, )
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| 135 |
Filed: 12/16/2005, Entered: 12/23/2005, Terminated: 1/13/2006 |
Motion for Miscellaneous Relief |
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MOTION for entry of a final order declaring that plaintiff accepts remittitur, or ordering new trial on all issues, by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach. (mwin, )
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| 134 |
Filed: 12/9/2005, Entered: 12/13/2005 |
Order |
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ORDER re scheduling conference held 12/6/05 regarding issue remanded by Court of Appeals; defendants will file by 12/16/05 a motion regarding whether final order was issued by this court; plaintiff will file response and any new motions by 1/13/06; defendants may reply to plaintiff's response and respond to plaintiff's new motions by 2/10/06; plaintiff may reply to defendants' response to new issues by 2/20/06; hearing set 2/27/06, 10:00. Signed by Judge Tommy E. Miller on 12/9/05; filed 12/9/05. Copies mailed 12/9/05(mwin, )
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Filed: 12/6/2005, Entered: 12/8/2005 |
set motion and R&R; deadlines/hearings |
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Set/Reset Deadlines as to [117] Motion for Attorney Fees, [82] Motion for Attorney FeesMotion for Miscellaneous Relief. Motion Hearing set on all motions for 2/27/2006 10:00 AM in Mag Courtroom 1 before Honorable Magistrate Tommy E. Miller. (mwin, )
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Filed: 11/18/2005, Entered: 11/18/2005 |
Set/Reset Trial Management Order Deadlines |
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Set/Reset Trial Management Order Deadlines: Status Conference set for 12/6/2005 02:00 PM before Honorable Magistrate Tommy E. Miller. (mwin, )
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| 133 |
Filed: 11/8/2005, Entered: 11/8/2005 |
Order on Motion to Substitute Attorney |
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ORDER granting [131] Motion to Substitute Mark Douglas Stiles and Kimberly Rouse Van Essendelft in place of Richard H. Matthews and Paul A. Driscoll as counsel for defendants School Board of the City of Virginia Beach, Timothy Jenney, and Sheila Magula. Signed by Judge Tommy E. Miller on 11/8/05; filed 11/8/05. Copies mailed 11/8/05. (mwin, )
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| 132 |
Filed: 10/26/2005, Entered: 10/28/2005 |
Notice of Appearance |
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NOTICE of Appearance by Kimberly Rouse Van Essendelft, Mark Douglas Stiles on behalf of Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach (jcow, )
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| 131 |
Filed: 10/25/2005, Entered: 10/28/2005, Terminated: 11/8/2005 |
Motion to Substitute Attorney |
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MOTION to Substitute Attorney by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach. (jcow, )
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| 130 |
Filed: 10/19/2005, Entered: 10/19/2005, Terminated: 4/28/2006 |
USCA Order |
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Copy of ORDER of USCA as to [118] Notice of Appeal filed by School Board of the City of Virginia Beach, Timothy Jenney, Sheila Magula, [121] Notice of Cross Appeal filed by Cheryl A. Peters; granting appellants' motion for limited remanded to allow the district court to decide whether Peters accepted remittitur. (jcow, )
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| 129 |
Filed: 7/22/2005, Entered: 7/26/2005 |
Transcript |
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TRANSCRIPT of Proceedings held on 9/1/04 before Judge Tommey E. Mililer. Court Reporter: Gloria Smith. (jcow, )
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Filed: 6/16/2005, Entered: 6/16/2005, Terminated: 4/28/2006 |
Certificate of Completion |
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Certificate of Completion re [118] Notice of Appeal, [121] Notice of Cross Appeal (jcow, )
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| 128 |
Filed: 6/1/2005, Entered: 6/1/2005 |
Order |
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ORDER staying [117] Motion for Attorney Fees filed by Cheryl A. Peters, until after all appeals are concluded, Signed by Judge Tommy E. Miller on 05/31/05 and filed 6/1/05; copies mailed 6/1/05. (ecav, )
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| 127 |
Filed: 5/26/2005, Entered: 5/31/2005 |
Transcript |
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TRANSCRIPT of Proceedings held on 8/19/05 before Judge Tommy E. Miller. Court Reporter: Gloria S. Smith. (vwar, )
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| 126 |
Filed: 5/23/2005, Entered: 5/27/2005 |
Rebuttal Brief |
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Rebuttal Brief re [117] Motion for Attorney Fees filed by Cheryl A. Peters; received (dken, )
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Filed: 5/23/2005, Entered: 5/27/2005 |
Motions Referred |
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MOTIONS [117] Motion for Attorney Fees REFERRED to Judge (dken, )
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| 125 |
Filed: 5/20/2005, Entered: 5/20/2005 |
Order on Motion for Extension of Time to File Resp |
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AGREED ORDER granting [123] Motion for Extension of Time to File Reply re [120] Memorandum in Opposition to motion for attorney's fees, Reply due by 5/23/2005, entered and filed 5/20/05. Signed by Judge Tommy E. Miller on 5/20/05. Copies mailed: 5/20/05 (jcow, )
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| 124 |
Filed: 5/19/2005, Entered: 5/19/2005, Terminated: 4/28/2006 |
USCA Order |
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Copy of ORDER of USCA consolidating cases 05-1509 and 05-1531 for purposes of briefing and oral argument. (jcow, )
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| -- |
Filed: 5/19/2005, Entered: 5/19/2005, Terminated: 4/28/2006 |
USCA Case Number |
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USCA Case Number 05-1531 for [121] Notice of Cross Appeal filed by Cheryl A. Peters, case manager: Alecia Dohnal. (jcow, )
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| 123 |
Filed: 5/16/2005, Entered: 5/19/2005, Terminated: 5/20/2005 |
Motion for Extension of Time to File Response/Repl |
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MOTION for Extension of Time to File Reply to [120] Memorandum in Opposition by Cheryl A. Peters. (dken, )
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| 122 |
Filed: 5/12/2005, Entered: 5/16/2005 |
Appeal Transcript Request |
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TRANSCRIPT REQUEST by School Board of the City of Virginia Beach for proceedings held on 8/19/04 (jcow, )
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Filed: 5/12/2005, Entered: 5/16/2005 |
USCA Case Number |
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USCA Case Number 05-1509 for [118] Notice of Appeal filed by School Board of the City of Virginia Beach, Timothy Jenney, Sheila Magula. Case manager: Alecia Dohnal (jcow, )
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Filed: 5/12/2005, Entered: 5/12/2005, Terminated: 4/28/2006 |
Appeal Remark |
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Copy of notice of appeal re [121] Notice of Cross Appeal, court orders mailed to USCA; copy of notice of cross appeal to plaintiff/appellant; copy of notice of cross appeal to counsel of record (jcow, )
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| 121 |
Filed: 5/11/2005, Entered: 5/11/2005, Terminated: 4/28/2006 |
Notice of cross-appeal |
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NOTICE OF CROSS APPEAL by Cheryl A. Peters. Filing fee $ 255, receipt number 47816. (jcow, )
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| 120 |
Filed: 5/9/2005, Entered: 5/10/2005 |
Memorandum in Opposition |
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Memorandum in Opposition re [117] Motion for Attorney Fees filed by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach, received (dken, )
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| 119 |
Filed: 5/2/2005, Entered: 5/4/2005 |
Notice |
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AMENDED CERTIFICATE OF SERVICE of Notice of Appeal (dken, )
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| 118 |
Filed: 4/28/2005, Entered: 4/28/2005, Terminated: 4/28/2006 |
Notice of Appeal |
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NOTICE OF APPEAL by Timothy Jenney, Sheila Magula, School Board of the City of Virginia Beach. FILING FEE $ 255.00 (jcow)
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Filed: 4/28/2005, Entered: 4/28/2005 |
Filing Fee Received |
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Receipt # 47635 for appeal filing fee paid on 4/28/05 (jcow)
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Filed: 4/28/2005, Entered: 4/28/2005, Terminated: 4/28/2006 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Appeal, Orders, Judgments and docket sheet to USCA re: [118-1] appeal by School Board of the City of Virginia Beach, Sheila Magula, Timothy Jenney; copy of notice of appeal to defendants/appellants; copy of notice of appeal to counsel of record (jcow)
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| 117 |
Filed: 4/25/2005, Entered: 4/26/2005 |
Affidavit |
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AFFIDAVIT of Kristen Galles, co counsel, Re: [117-1] motion for Attorney Fees by Cheryl A. Peters (dken)
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| 117 |
Filed: 4/25/2005, Entered: 4/26/2005 |
Affidavit |
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AFFIDAVIT of attorney Deborah Waters Re: [117-1] motion by Cheryl A. Peters for Attorney Fees by Cheryl A. Peters (dken)
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| 117 |
Filed: 4/25/2005, Entered: 4/26/2005 |
Motion for Attorney Fees |
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MOTION by Cheryl A. Peters for Attorney Fees (dken)
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| 116 |
Filed: 4/20/2005, Entered: 4/21/2005 |
Order |
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AGREED ORDER granting [115-1] motion by Cheryl A. Peters to Extend Time to file Petition for Attorney Fees and Costs from 4/15/05 to 4/25/05; entered and filed 4/20/05; (signed by Mag Judge Tommy E. Miller ) Copies Mailed: 4/21/05 [EOD Date: 4/21/05] (dken) Modified on 04/21/2005
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| 115 |
Filed: 4/15/2005, Entered: 4/19/2005, Terminated: 4/20/2005 |
Motion for Extension |
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MOTION by Cheryl A. Peters to Extend Time to file Petition for Attorney Fees and Costs (dken)
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| 114 |
Filed: 4/5/2005, Entered: 4/6/2005 |
Order |
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ORDER that plaintiff is to file a pleading w/this Court on or before 5/2/05 stating her position w/regard to the remittitur and option for a new trial ordered in the 3/31/05 Opinion and Order; set Respond Deadline 5/2/05 ; entered and filed 4/5/05; (signed by Mag Judge Tommy E. Miller ) Copies Mailed: 4/6/05 [EOD Date: 4/6/05] (dken)
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| 113 |
Filed: 4/1/2005, Entered: 4/1/2005 |
Judgment* |
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JUDGMENT on decision by the Court ORDERING that defendants' motion for judgment as a matter of law be DENIED, and defendants' motion for a new trial be GRANTED in part and DENIED in part. The Court GRANTS a remittitur of the jury's back pay award from $175,000 to $145,000, and GRANTS a new trial on the issue of back pay nisi remittitur at Peters' option. The Court further GRANTS a remittitur of the jury's punitive damages award against Timothy Jenney from $250,000 to $100,000 and the jury's punitive damages award against Sheila Magula from $150,000 to $60,000, and GRANTS a new trial on the issue of punitive damages nisi remittitur at Peters' option; entered 3/31/05; filed 4/1/05; ob. Copies Mailed: 4/1/05 [EOD DATE: 4/1/05] (dken) Modified on 04/06/2005
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| 112 |
Filed: 3/31/2005, Entered: 4/1/2005 |
Order |
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ORDER DENYING [75-1] motion by School Board, Sheila Magula, Timothy Jenney for Judgment as a Matter of Law, GRANTING in part, DENYING in part [73-1] motion by School Board, Sheila Magula, Timothy Jenney for New Trial; the Court GRANTS a remittitur of the jury's back pay award from $175,000 to $145,000, and GRANTS a new trial on the issue of back pay nisi remittitur at Peters' option. The Court further GRANTS a remittitur of the jury's punitive damages award against Timothy Jenney from $250,000 to $100,000 and the jury's punitive damages award against Sheila Magula from $150,000 to $60,000, and GRANTS a new trial on the issue of punitive damages nisi remittitur at Peters' option; entered and filed 3/31/05; (signed by Mag Judge Tommy E. Miller ) Copies Mailed: 3/31/05 [EOD Date: 4/1/05] (dken) Modified on 04/06/2005
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| 111 |
Filed: 2/15/2005, Entered: 2/17/2005 |
Response |
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Response to plaintiff's authority on applicability of statutory cap on punitive damages by Timothy Jenney, Sheila Magula, School Board; received (dken) Modified on 04/06/2005
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| 110 |
Filed: 2/3/2005, Entered: 2/3/2005 |
Minutes-Miscellaneous |
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MINUTE ENTRY: TEM, USMJ; appearances by Deborah Waters and Kristen Galles for plaintiff and Richard Matthews and Paul Driscoll for dft Jenney, Magula and School Board; comments of court; arguments by counsel; oral order by court that dft shall file written argument by 2/17/05 re: plaintiff's oral argument re: Virginia cap; court takes matter under advisement and will prepare opinion; court in recess. Court Reporter: Paul McManus, official court reporter (afor) Modified on 04/06/2005. Modified on 4/24/2007 to add court reporter(mwin, ).
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| -- |
Filed: 2/3/2005, Entered: 2/3/2005 |
Motion Hearing |
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Motion hearing held re: [75-1] motion by School Board, Sheila Magula, Timothy Jenney for Judgment as a Matter of Law by School Board, Sheila Magula, Timothy Jenney, [73-1] motion by School Board, Sheila Magula, Timothy Jenney for New Trial by School Board, Sheila Magula, Timothy Jenney (afor)
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| -- |
Filed: 1/11/2005, Entered: 1/14/2005 |
Motion Hearing |
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Motion hearing [75-1] motion by School Board, Sheila Magula, Timothy Jenney for Judgment as a Matter of Law set at 2:00 2/3/05, [73-1] motion by School Board, Sheila Magula, Timothy Jenney for New Trial set at 2:00 2/3/05 before Mag Judge Tommy E. Miller (dken)
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| 109 |
Filed: 1/3/2005, Entered: 1/3/2005 |
Notice |
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NOTICE by Timothy Jenney, K. Edwin Brown, Sheila Magula, School Board of hearing 2/3/05 (mwin)
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| 108 |
Filed: 1/3/2005, Entered: 1/3/2005 |
Order |
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ORDER, agreed, granting [106-1] motion by School Board, Sheila Magula, Timothy Jenney to Extend Time to 12/31/04 to schedule a hearing on defendants' renewed motion for judgment; parties shall make arrangements with clerk no later than 1/3/05 for hearing on a date certain on defendants' motions; entered and filed 1/3/05 (signed by Mag Judge Tommy E. Miller) Copies Mailed: 1/3/05 [EOD Date: 1/3/05] (mwin)
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| 107 |
Filed: 12/27/2004, Entered: 12/28/2004 |
Memorandum in Support |
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MEMORANDUM in support of [106-1] motion by School Board, Sheila Timothy Jenney to Extend Time to 12/31/04 to schedule a hearing on defendants' renewed motion for judgment; received (dken)
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| 106 |
Filed: 12/27/2004, Entered: 12/28/2004, Terminated: 1/3/2005 |
Motion for Extension |
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MOTION by School Board, Sheila Magula, Timothy Jenney to Extend Time to 12/31/04 to schedule a hearing on defendants' renewed motion for judgment (dken)
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| 105 |
Filed: 12/23/2004, Entered: 12/28/2004 |
Reply to Response to Motion |
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REPLY to response to [75-1] motion by School Board, Sheila Magula, Timothy Jenney for Judgment as a Matter of Law; received (dken)
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| 104 |
Filed: 12/14/2004, Entered: 12/14/2004 |
Order |
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ORDER, agreed, granting [102-1] motion by School Board, Sheila Magula, Timothy Jenney to Extend Time to file Rebuttal Briefs in support of their motions for judgment as a matter of law and for a new trial; defendants shall file rebuttal briefs no later than 12/23/04 ; entered and filed 12/14/04 (signed by Mag Judge Tommy E. Miller) Copies Mailed: 12/14/04 [EOD Date: 12/14/04] (mwin)
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| 103 |
Filed: 12/9/2004, Entered: 12/10/2004 |
Memorandum in Support |
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MEMORANDUM in support of [102-1] motion by School Board, Sheila Magula, and Timothy Jenney to Extend Time to file Rebuttal Briefs in support of thier motions for judgment as a matter of law for a new trial; received (dken)
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| 102 |
Filed: 12/9/2004, Entered: 12/10/2004, Terminated: 12/14/2004 |
Motion for Extension |
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MOTION by School Board, Sheila Magula, Timothy Jenney to Extend Time to file Rebuttal Briefs in support of their motions for judgment as a matter of law and for a new trial (dken) Modified on 12/13/2004
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| 101 |
Filed: 12/6/2004, Entered: 12/8/2004 |
Memorandum in Opposition |
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MEMORANDUM by Cheryl A. Peters in opposition to [73-1] motion for New Trial by School Board, Sheila Magula, Timothy Jenney; received (dken)
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| 100 |
Filed: 12/6/2004, Entered: 12/8/2004 |
Memorandum in Opposition |
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MEMORANDUM by Cheryl A. Peters in opposition to [73-1] motion for New Trial by School Board, Sheila Magula, Timothy Jenney; received (dken)
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| 99 |
Filed: 11/17/2004, Entered: 11/18/2004 |
Order |
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AGREED ORDER GRANTING [98-1] motion by Cheryl A. Peters to Extend Time to respond to defendants' renewed motion for judgment; entered and filed 11/17/04; (signed by Mag Judge Tommy E. Miller) Copies Mailed: 11/18/04 [EOD Date: 11/18/04] (dken)
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| 98 |
Filed: 11/10/2004, Entered: 11/17/2004, Terminated: 11/17/2004 |
Motion for Extension |
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MOTION with Memorandum in Support by Cheryl A. Peters by Cheryl A. Peters to Extend Time (dken)
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| 97 |
Filed: 10/29/2004, Entered: 11/2/2004 |
Memorandum in Support |
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SUPPLEMENTAL MEMORANDUM in support of [75-1] motion by School Board, Sheila Magula, Timothy Jenney for Judgment as a Matter of Law; received (dken) Modified on 11/02/2004
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| 96 |
Filed: 10/29/2004, Entered: 11/2/2004 |
Memorandum in Support |
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SUPPLEMENTAL MEMORANDUM in support of [73-1] motion by School Board, Sheila Magula, Timothy Jenney for New Trial; received (dken)
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| 95 |
Filed: 10/27/2004, Entered: 10/27/2004 |
Order |
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Agreed ORDER granting [86-1] motion by Sheila Magula, Timothy Jenney, School Board to Extend Time to schedule hearings on defendants' renewed motion for judgment as a matter of law and motion for new trial; an enlargement of 40 days within which to schedule hearings on the pending motions is appropriate; entered 10/26/04 and filed 10/27/04 (Signed by Mag Judge Tommy E. Miller) Copies Mailed: 10/27/04 [EOD Date: 10/27/04] (lbax)
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| 94 |
Filed: 10/21/2004, Entered: 1/21/2005 |
Transcript |
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TRANSCRIPT of Post-Evidence Motions for dates of 9/1/04; seventh day of trial, before Judge Miller; Gloria Smith, OCR (dken)
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| Save 25% on a pre-paid one year subscription. |
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| 94 |
Filed: 10/21/2004, Entered: 10/26/2004 |
Transcript |
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TRANSCRIPT of seventh day of trial for dates of 9/1/04; before Judge Tommy Miller; Gloria Smith OCr (dken)
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| 93 |
Filed: 10/21/2004, Entered: 10/26/2004 |
Transcript |
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TRANSCRIPT of sixth day of trial for dates of 8/31/04; before Judge Tommy Miller, Gloria Smith OCR (dken)
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| 92 |
Filed: 10/21/2004, Entered: 10/26/2004 |
Transcript |
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TRANSCRIPT of fifth day of trial for dates of 8/30/04; before Judge Tommy Miller, Gloria Smith, OCR (dken)
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| 91 |
Filed: 10/21/2004, Entered: 10/26/2004 |
Transcript |
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TRANSCRIPT of fourth day of trial for dates of 8/26/04; before Judge Tommy Miller, Gloria Smith, OCR (dken)
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| 90 |
Filed: 10/21/2004, Entered: 10/26/2004 |
Transcript |
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TRANSCRIPT of third day of trial for dates of 8/25/04; before Judge Tommy Miller, Gloria Smith OCR (dken) Modified on 10/26/2004
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| 89 |
Filed: 10/21/2004, Entered: 10/26/2004 |
Transcript |
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TRANSCRIPT of second day of trial for dates of 8/24/04; before Judge Tommy Miller, Gloria Smith, OCR (dken)
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| 88 |
Filed: 10/21/2004, Entered: 10/26/2004 |
Transcript |
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TRANSCRIPT of first day of trial for dates of 8/23/04 before Judge Miller, Gloria Smith OCR (dken)
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| 87 |
Filed: 10/6/2004, Entered: 10/8/2004 |
Memorandum in Support |
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MEMORANDUM by School Board, Timothy Jenney, Sheila Magula in support of [86-1] motion by Sheila Magula, Timothy Jenney, School Board to Extend Time to schedule hearings on defendants' renewed motion for judgment as a matter of law and motion for new trial, received (mwin)
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| 86 |
Filed: 10/6/2004, Entered: 10/8/2004, Terminated: 10/27/2004 |
Motion for Extension |
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MOTION by Sheila Magula, Timothy Jenney, School Board to Extend Time to schedule hearings on defendants' renewed motion for judgment as a matter of law and motion for new trial (mwin)
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| -- |
Filed: 10/6/2004, Entered: 10/8/2004 |
Set/Reset Deadlines: |
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Deadline updated; Response to Motion reset to 10/20/04 for [86-1] motion by Sheila Magula, Timothy Jenney, School Board to Extend Time to schedule hearings on defendants' renewed motion for judgment as a matter of law and motion for new trial (mwin)
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| 85 |
Filed: 9/27/2004, Entered: 9/27/2004 |
Order |
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ORDER that the United States Marshal furnish the jurors (having been sequestered), meals at the expense of the United States, submitting the bills to the Clerk for payment; entered and filed 9/27/04; ( signed by Mag Judge Tommy E. Miller ) Copies Mailed: 9/27/04 [EOD Date: 9/27/04] (dken)
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| 84 |
Filed: 9/22/2004, Entered: 9/22/2004 |
Order |
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ORDER GRANTING [80-1] motion by Cheryl A. Peters (and joined by defendants) to Extend Time to file fee petition until 14 days after the court enters final judgment after hearing post-trial motions; entered and filed 9/22/04; (signed by Mag Judge Tommy E. Miller ) Copies Mailed: 9/22/04 [EOD Date: 9/22/04] (dken)
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| 83 |
Filed: 9/22/2004, Entered: 9/22/2004 |
Order |
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ORDER GRANTING [77-1] motion by School Board, Sheila Magula, Timothy Jenney to Extend Time to file supplemental briefs in support of renewed motion for judgment as a matter of law and for a new trial; entered and filed 9/22/04; (signed by Mag Judge Tommy E. Miller ) Copies Mailed: 9/22/04 [EOD Date: 9/22/04] (dken)
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| 82 |
Filed: 9/20/2004, Entered: 9/22/2004, Terminated: 9/29/2006 |
Motion for Attorney Fees |
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MOTION with Memorandum in Support by Cheryl A. Peters for Attorney Fees , and by Cheryl A. Peters for nontaxable costs (dken)
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| 81 |
Filed: 9/20/2004, Entered: 9/21/2004 |
Memorandum in Support |
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MEMORANDUM in support of [80-1] motion by Cheryl A. Peters to Extend Time to file fee petition; received (dken)
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| 80 |
Filed: 9/20/2004, Entered: 9/21/2004, Terminated: 9/22/2004 |
Motion for Extension |
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MOTION by Cheryl A. Peters to Extend Time to file fee petition (dken)
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| 79 |
Filed: 9/13/2004, Entered: 9/15/2004 |
Bill of Costs |
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Bill of costs in the amount of $11,502.34 by Cheryl A. Peters (dken)
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| 78 |
Filed: 9/9/2004, Entered: 9/10/2004 |
Memorandum in Support |
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MEMORANDUM in support of [77-1] motion by School Board, Sheila Magula, Timothy Jenney to Extend Time; received (dken)
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| 77 |
Filed: 9/9/2004, Entered: 9/10/2004, Terminated: 9/22/2004 |
Motion for Extension |
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MOTION by School Board, Sheila Magula, Timothy Jenney to Extend Time (dken)
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| 76 |
Filed: 9/9/2004, Entered: 9/10/2004 |
Memorandum in Support |
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MEMORANDUM in support of [75-1] motion by School Board, Sheila Magula, Timothy Jenney for Judgment as a Matter of Law; received (dken)
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| 75 |
Filed: 9/9/2004, Entered: 9/10/2004, Terminated: 3/31/2005 |
Motion for Judgment as a Matter of Law |
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MOTION by School Board, Sheila Magula, Timothy Jenney for Judgment as a Matter of Law (dken)
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| 74 |
Filed: 9/9/2004, Entered: 9/10/2004 |
Memorandum in Support |
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MEMORANDUM by Timothy Jenney, Sheila Magula, School Board in support of [73-1] motion for New Trial; received (dken) Modified on 09/10/2004
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| 73 |
Filed: 9/9/2004, Entered: 9/10/2004 |
Motion for New Trial |
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MOTION by School Board, Sheila Magula, Timothy Jenney for New Trial (dken)
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| 72 |
Filed: 9/8/2004, Entered: 9/9/2004 |
Judgment* |
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JUDGMENT IN A CIVIL CASE that the plaintiff, Cheryl A. Peters recover of defts Timothy Jenney, Sheila Magula, and School Board of the City of Va. Beach, the amount of $175,000.00 for lost wages and benefits and the amount of $50,000.00 for emotional distress; that plaintiff, Cheryl Peters, recover punitive damages in the amount of $250,000.00 of deft Timothy Jenney, and recover of deft Sheila Magula, punitive damages in the amount of $150,000.00; further ordered and adjudged that the plaintiff shall recover nothing of deft K. Edwin Brown; filed 9/8/04 (signed by Mag Judge Tommy E. Miller) Copies Mailed: 09/09/04 O.B. [EOD DATE: 9/9/04] (sche)
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| -- |
Filed: 9/8/2004, Entered: 9/9/2004 |
Permanent Record |
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Permanent Record (mwin)
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| -- |
Filed: 9/8/2004, Entered: 9/9/2004 |
Terminated Case |
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Case closed (mwin)
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| 71 |
Filed: 9/2/2004, Entered: 9/3/2004 |
Jury Verdict |
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SPECIAL INTERROGATORIES AND JURY VERDICT for Cheryl A. Peters, filed in open court. (sche)
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| 70 |
Filed: 9/2/2004, Entered: 9/3/2004 |
Minutes-Miscellaneous |
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Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (Day #8): TEM, USMJ. Gloria Smith, OCR. Counsel and plaintiff present. Matter came on for continuation of jury trial. Jury retired with instructions to begin deliberations. Jury returned to courtroom with verdict. Jury verdict read into the record. Jurors polled, all answering in the affirmative. Jurors excused subject to call. Court adjourned. (sche)
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| 69 |
Filed: 9/1/2004, Entered: 9/3/2004 |
Response |
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Plaintiff's opposition to oral motion (dated 9/1/04) for judgment as a matter of law (sche)
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| 68 |
Filed: 9/1/2004, Entered: 9/1/2004 |
Minutes-Miscellaneous |
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Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (Day #7): TEM, USMJ. Gloria Smith, OCR. Counsel and parties present. Plaintiff presented rebuttal witnesses. Plaintiff's oral motion to allow testimony of Eugene Banks into evidence - Denied. Defendants' oral motion for judgment as a matter of law as to both counts. Arguments of counsel heard. Plaintiff's response to defendants' oral motion, filed in open court. Court denied motion. Plaintiff's oral motion for judgment as a matter of law - Denied. Jury received Court's charge. Closing statements of counsel heard. Jury excused until 9:15 a.m. tomorrow morning. Court adjourned. (sche)
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| 67 |
Filed: 8/31/2004, Entered: 9/1/2004 |
Minutes-Miscellaneous |
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Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (Day #6): TEM, USMJ. Gloria Smith, OCR. Counsel and parties present. Defts continued presenting witnesses and evidence. Defts rested. Jurors excused until 9:30 a.m. tomorrow. Court adjourned. Court and counsel retired to chambers to review instructions. (sche)
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| 66 |
Filed: 8/30/2004, Entered: 8/30/2004 |
Minutes-Miscellaneous |
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Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (Day #5): TEM, USMJ. Gloria Smith, OCR. Counsel and parties present. Matter came on for continuation of jury trial. Defts continued presenting witnesses and evidence. Juror Frank R. Deans excused for remainder of trial. Jurors excused until 9:15 a.m. tomorrow. Court adjourned. (sche)
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| 65 |
Filed: 8/26/2004, Entered: 8/26/2004 |
Minutes-Miscellaneous |
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Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (Day #4): TEM, USMJ. Gloria Smith, OCR. Counsel and parties appeared. Plaintiff continued presenting witnesses and evidence. Plaintiff's motion to allow Rosa Edwards to testify as witness for plaintiff out of turn - Denied. Deft's oral motion for judgment as a matter of law - Denied. Plaintiff rested. Deft presented witnesses and evidence. Jury excused until 9:15 a.m. on 8/30/04. (sche)
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| 64 |
Filed: 8/25/2004, Entered: 8/25/2004 |
Minutes-Miscellaneous |
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Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS: TEM, USMJ. Gloria Smith, OCR. Counsel and parties appeared. Matter came on for continuation of jury trial. Plaintiff continued to present evidence and witnesses. Jury excused until 9:15 a.m. tomorrow. (sche)
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| 63 |
Filed: 8/24/2004, Entered: 8/24/2004 |
Minutes-Miscellaneous |
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Minute entry: JURY TRIAL PROCEEDINGS (Day #2): TEM, USMJ. Counsel and parties appeared. Matter came on for continuation of jury trial. Plaintiff continued to present evidence and witnesses. Jury excused until 9:15 a.m.. (sche)
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| 62 |
Filed: 8/23/2004, Entered: 8/23/2004 |
Minutes-Miscellaneous |
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Minute entry: JURY TRIAL PROCEEDINGS (Day #1): TEM, USMJ. Gloria Smith, OCR. Counsel and parties present. Matter came on for trial by jury. Petit Jurors were sworn, examined on voir dire and from said panel came a jury who were duly sworn. Jurors not serving excused, subject to call. Preliminary instructions given to jury. Motion by Deborah Water to admit Kristen M. Galles as co-counsel. Attorney admission of Kristen M. Galles. Motion by defts to exclude witnesses from courtroom - Granted. Opening statements of counsel. Plaintiff presented evidence (witnesses and exhibits). Jury excused until 9:15 a.m. tomorrow. (sche)
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| -- |
Filed: 8/23/2004, Entered: 8/23/2004 |
Jury Trial Begun |
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Jury Trial held (sche)
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| 61 |
Filed: 8/20/2004, Entered: 8/20/2004 |
Judgment* |
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JUDGMENT on decision by the Court that defendant Nancy Guy is DISMISSED in both her individual and official capacity; entered and filed 8/20/04; ob. Copies Mailed: 8/20/04 [EOD DATE: 8/20/04] (dken)
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| 60 |
Filed: 8/20/2004, Entered: 8/20/2004 |
Order |
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ORDER GRANTING plaintiff's oral motion to dismiss Count I (Title VI retaliation claim as pled against individuals in their official capacities) and Count II (1983 retaliation claim as pled against Nancy Guy in both her individual and official capacities and the remaining individuals in their official capacities); therefore the sole remaining defendant on Count I is the Virginia Beach School Board. The remaining defendants on Count II are the Virginia Beach School Board, Timothy Jenney in his individual capacity, K. Edwin Brown in his individual capacity, and Sheila Magula in her individual capacity; entered and filed 8/20/04; (signed by Mag Judge Tommy E. Miller ) Copies Mailed: 8/20/04 [EOD Date: 8/20/04] (dken)
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| 59 |
Filed: 8/20/2004, Entered: 8/20/2004 |
Order |
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ORDER granting [49-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to exclude plaintiff's experts Harrington and Eubanks, denying [47-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment; entered and filed 8/20/04; (signed by Mag Judge Tommy E. Miller ) Copies Mailed: 8/20/04 [EOD Date: 8/20/04] (dken)
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| 58 |
Filed: 8/19/2004, Entered: 8/19/2004 |
Minutes-Miscellaneous |
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Minute entry: HEARING PROCEEDINGS: TEM, USMJ. Gloria Smith, OCR. Counsel present. Matter came on for hearing on motion for summary judgment and motion to exclude experts. Plaintiff's oral motion to dismiss certain claims - Granted. Court grants motion to exclude experts. Court made rulings from the bench and will prepare order. Court adjourned. (sche)
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| -- |
Filed: 8/19/2004, Entered: 8/19/2004 |
Motion Hearing |
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Motion hearing held re: [49-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to exclude plaintiff's experts Harrington and Eubanks by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney, [47-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney (sche)
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| -- |
Filed: 8/16/2004, Entered: 8/17/2004 |
Proposed Jury Instructions |
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Proposed Jury instructions and proposed voir dire by Cheryl A. Peters (dken)
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| -- |
Filed: 8/16/2004, Entered: 8/16/2004 |
Proposed Jury Instructions |
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Proposed Voir Dire and Jury instructions by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board (dken)
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| -- |
Filed: 8/16/2004, Entered: 8/16/2004 |
Set/Reset Deadlines: |
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Deadline updated; reset Jury Trial for 10:00 a.m. on 8/23/04 before Mag Judge Tommy E. Miller (dken)
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| 57 |
Filed: 8/13/2004, Entered: 8/13/2004 |
Order |
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Final Pretrial Order entered in the presence of counsel; entered and filed 8/13/04; (signed by Mag Judge Tommy E. Miller (dken)
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| -- |
Filed: 8/13/2004, Entered: 8/13/2004 |
Motion Hearing |
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Motion hearing [49-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to exclude plaintiff's experts Harrington and Eubanks set at 4:00 8/19/04, [47-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment set at 4:00 8/19/04 before Mag Judge Tommy E. Miller (dken)
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| -- |
Filed: 8/13/2004, Entered: 8/13/2004 |
Motion Hearing |
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Motion hearing [49-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to exclude plaintiff's experts Harrington and Eubanks set at 11:00 8/20/04, [47-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment set at 11:00 8/20/04 before Mag Judge Tommy E. Miller (dken)
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| 56 |
Filed: 8/12/2004, Entered: 8/12/2004 |
Reply to Response to Motion |
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REPLY to response to [47-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment by; received (dken)
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| 55 |
Filed: 8/9/2004, Entered: 8/10/2004 |
Memorandum in Opposition |
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MEMORANDUM by Cheryl A. Peters in opposition to [47-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment; received (dken)
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| 54 |
Filed: 8/9/2004, Entered: 8/10/2004 |
Reply to Response to Motion |
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REPLY by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board to response to [49-1] motion to exclude plaintiff's experts Harrington and Eubanks; received (dken)
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| 53 |
Filed: 8/9/2004, Entered: 8/9/2004 |
Order |
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AGREED ORDER granting [51-1] motion by Cheryl A. Peters to Extend Time to file response to defs' second motion for Summary Judgment; plaintiff's response due 8/9/04; defendants' due 8/12/04; entered and filed 8/9/04; ( signed by Mag Tommy E. Miller ) Copies Mailed: 8/9/04 [EOD Date: (dken) Modified on 08/09/2004
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| 52 |
Filed: 8/3/2004, Entered: 8/4/2004 |
Affidavit |
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AFFIDAVIT of Joyce G. Harrington, Ph.D. Re: [52-1] opposition memorandum by Cheryl A. Peters (dken)
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| 52 |
Filed: 8/3/2004, Entered: 8/4/2004 |
Affidavit |
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AFFIDAVIT Eugene E. Eubanks, Ph.D., Re: [52-1] opposition memorandum by Cheryl A. Peters (dken)
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| 52 |
Filed: 8/3/2004, Entered: 8/4/2004 |
Memorandum in Opposition |
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MEMORANDUM in opposition to [49-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to exclude plaintiff's experts Harrington and Eubanks; received (dken) Modified on 08/09/2004
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| 51 |
Filed: 8/2/2004, Entered: 8/4/2004, Terminated: 8/9/2004 |
Motion for Extension |
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MOTION by Cheryl A. Peters to Extend Time to file response to defs' second motion for Summary Judgment (dken) Modified on 08/09/2004
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| 50 |
Filed: 7/23/2004, Entered: 7/27/2004 |
Memorandum in Support |
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MEMORANDUM in support of [49-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to exclude plaintiff's experts Harrington Eubanks; received (dken)
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| 49 |
Filed: 7/23/2004, Entered: 7/27/2004, Terminated: 8/20/2004 |
Motion for Miscellaneous Relief |
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MOTION by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to exclude plaintiff's experts Harrington and Eubanks (dken)
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| 48 |
Filed: 7/20/2004, Entered: 7/21/2004 |
Memorandum in Support |
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MEMORANDUM in support of [47-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment; received (dken)
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| 47 |
Filed: 7/20/2004, Entered: 7/21/2004 |
Motion for Summary Judgment |
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MOTION by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment (dken)
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| 46 |
Filed: 6/14/2004, Entered: 6/14/2004 |
Withdrawal of Motion |
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WITHDRAWAL of [45-1] motion by School Board to Compel Answers to Interrogatories (dken)
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| 45 |
Filed: 5/20/2004, Entered: 5/20/2004, Terminated: 6/14/2004 |
Motion to Compel |
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MOTION by School Board to Compel Answers to Interrogatories (dken)
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| 44 |
Filed: 2/6/2004, Entered: 2/9/2004 |
Order |
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SUPPLEMENTAL Rule 16(b) Scheduling Order: Jury Trial set for 10:00 a.m on 8/16/04 in Norfolk. Trial by jury has been demanded. Discovery by plaintiff(s) due on or before 7/12/04 and by defendant(s) or before 7/12/04; final pretrial conference shall be held on 8/13/04 @ 9:00 a.m.; proposed voir dire and jury instructions shall be delivered to the Clerk on or before 8/16/04; entered 2/6/04; filed 2/6/04; (signed by Magistrate Judge Tommy E. Miller) Copies 2/9/04 (dken)
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| -- |
Filed: 2/6/2004, Entered: 2/9/2004 |
Discovery Hearing |
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SUPPLEMENTAL 16(b) Conference held (dken)
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| -- |
Filed: 1/27/2004, Entered: 1/28/2004 |
Notice of Hearing. |
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Supplemental Scheduling conference set (per court order) at 11:00 a.m. on 2/6/04 (dken)
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| 43 |
Filed: 1/16/2004, Entered: 1/16/2004 |
Order |
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AGREED ORDER granting [41-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to Continue trial and extend time for discovery due to medical necessity; counsel shall attend a supplemental scheduling conference within 14 days of the date of this order, set Scheduling Conference for 1/30/04 , new dates for trial, final pretrial conference and the completion of discovery are to be set at this conference, entered and filed 1/16/04 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 1/16/04 [EOD Date: 1/16/04] (jcow)
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| -- |
Filed: 1/16/2004, Entered: 1/16/2004 |
Miscellaneous Document |
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CASE REFERRED to Magistrate Judge Tommy E. Miller (dken)
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| 42 |
Filed: 1/15/2004, Entered: 1/16/2004 |
Affidavit |
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AFFIDAVIT by Herschel David Vargas, M.D. Re: [42-1] support memorandum by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney (dken)
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| 42 |
Filed: 1/15/2004, Entered: 1/16/2004 |
Memorandum in Support |
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MEMORANDUM by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board in support of [41-1] motion to Continue trial and extend time for discovery due to medical necessity; received (dken)
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| 41 |
Filed: 1/15/2004, Entered: 1/16/2004, Terminated: 1/16/2004 |
Motion to Continue |
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MOTION by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to Continue trial and extend time for discovery due to medical necessity (dken)
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| 40 |
Filed: 10/8/2003, Entered: 10/8/2003 |
Order |
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Rule 16(b) Scheduling Order: Jury Trial set for 10:00 a.m. on 3/23/04 at Norfolk. Expert witnesses to be identified by 11/10/03; disclosure outlined in Rule 26 (a)(2)(B) by 12/10/03; response to such disclosure by 1/9/04; rebuttal by 1/23/04; discovery by plaintiff(s) on or before 1/13/04; defendant(s) on or before 1/13/04; discovery/deposition in lieu of witness at trial concluded by 1/30/04; pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 3/9/04; objections delivered by 3/12/04 an conference is set for 3/9/04 @ 2:00 p.m.; a final pretrial conference shall be conducted on 3/16/04 @ 1:00 p.m.; Trial by jury has been demanded; proposed voir dire shall be delivered to the Clerk on or before 3/16/04; entered 10/03/03 filed 10/08/03 (signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 10/08/03 (dken) Modified on 10/08/2003
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| -- |
Filed: 10/8/2003, Entered: 10/8/2003 |
Discovery Hearing |
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16(b) Conference held (dken)
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| 39 |
Filed: 7/24/2003, Entered: 7/24/2003 |
Order |
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ORDER mooting [20-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Attorney Fees since the defendants are no longer the prevailing party in this case; further DENYING the motion without prejudice to any party filing a subsequent motion for attorneys' fees, if that party is a prevailing party; entered and filed 7/24/03; (signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 7/24/03 [EOD Date: 7/24/03] (dken)
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| -- |
Filed: 7/22/2003, Entered: 7/22/2003 |
Discovery Hearing |
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16(b) Conference set for 8/29/03 @ 9:00 a.m. (dken)
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| 38 |
Filed: 6/19/2003, Entered: 6/20/2003 |
USCA Judgment |
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JUDGMENT OF USCA VACATING the judgment of the District Court and REMANDING the case to the District Court for further proceedings consistent with the Court's opinion (certified copy) Re: [23-1] appeal, filed. (jcow)
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| 37 |
Filed: 6/19/2003, Entered: 6/20/2003 |
USCA Mandate |
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Opinion of USCA re: [23-1] appeal by Cheryl A. Peters 4/22/03 (jcow)
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| 36 |
Filed: 6/19/2003, Entered: 6/20/2003 |
USCA Order |
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Copy of USCA Order awarding $5,824.00 in costs to appellant. (jcow)
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| 35 |
Filed: 6/11/2003, Entered: 6/11/2003, Terminated: 4/28/2006 |
USCA Order |
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Copy of USCA Order denying the petition for rehearing and rehearing en banc (jcow)
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| -- |
Filed: 5/6/2003, Entered: 5/6/2003 |
Docket Annotation |
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A timely petition for rehearing and for rehearing en banc has been filed (jcow)
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| 34 |
Filed: 4/29/2003, Entered: 4/29/2003, Terminated: 4/28/2006 |
USCA Order |
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Copy of USCA Order amending its opinion filed 4/22/03 as follows, on the cover sheet, section 2, the term plaintiff-appellee is corrected to read plaintiff-appellant. (jcow)
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| 33 |
Filed: 4/23/2003, Entered: 4/24/2003 |
USCA Mandate |
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Advanced copy of Opinion of USCA re: [23-1] appeal by Cheryl A. Peters, 4/22/03, vacated and remanded (jcow)
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| -- |
Filed: 6/19/2002, Entered: 7/22/2003 |
Case Reopened |
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Case reopened (dken)
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| 32 |
Filed: 12/26/2001, Entered: 12/27/2001 |
Order |
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ORDER granting [30-1] motion by Cheryl A. Peters to Stay proceedings (motion for attorney fees), attorneys fees and costs will be addressed after the conclusion of the appeal, entered and filed 12/26/01 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 12/26/01 [EOD Date: 12/27/01] (jcow)
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| 31 |
Filed: 12/21/2001, Entered: 12/21/2001 |
Memorandum in Support |
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MEMORANDUM in support of [30-1] motion to Stay proceedings by Cheryl A. Peters, received (jcow)
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| 30 |
Filed: 12/21/2001, Entered: 12/21/2001, Terminated: 12/26/2001 |
Motion to Stay |
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MOTION by Cheryl A. Peters to Stay proceedings (jcow)
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| 29 |
Filed: 12/20/2001, Entered: 12/21/2001 |
Motion for Extension |
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AMENDED MOTION by School Board of the City of Virginia Beach, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to Extend Time to schedule hearing on motion for attorneys fees (jcow)
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| 28 |
Filed: 12/14/2001, Entered: 12/14/2001 |
Reply to Response to Motion |
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REPLY by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board of the City of Virginia Beach to response to [20-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Attorney Fees, received. (clerk)
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| 27 |
Filed: 12/13/2001, Entered: 12/14/2001 |
Motion for Extension |
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MOTION by School Board of the City of Virginia Beach, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney to Extend Time to schedule hearing on defendants' verified motion for attorneys fees (clerk)
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| 26 |
Filed: 12/10/2001, Entered: 12/10/2001 |
Memorandum in Opposition |
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MEMORANDUM by Cheryl A. Peters in opposition to [20-1] motion for Attorney Fees by Virginia Beach School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney, received (jcow)
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Filed: 12/4/2001, Entered: 12/4/2001, Terminated: 6/20/2003 |
Certificate of Completion |
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Certification of completion sent to USCA re: [23-1] appeal by Cheryl A. Peters (jcow)
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Filed: 12/3/2001, Entered: 12/4/2001 |
USCA Case Number |
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USCA Case Number Re: [23-1] appeal by Cheryl A. Peters CASE MANAGER: C. D. Ida USCA NUMBER: 01-2413 (jcow)
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| 25 |
Filed: 11/27/2001, Entered: 11/27/2001 |
Transcript |
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TRANSCRIPT before the Honorable Tommy E. Miller, USMJ, on 10/30/01 (clerk)
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| 24 |
Filed: 11/27/2001, Entered: 11/27/2001 |
Order |
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ORDER that plaintiff is granted a two week extension of time, up to and including 12/10/01 to file a brief in opposition to defendants' motion for attorneys' fees and costs; defendants reply brief shall be due 12/14/01, entered 12/26/01 and filed 12/27/01, ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 11/27/01 [EOD Date: 11/27/01] (clerk)
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| 23 |
Filed: 11/26/2001, Entered: 11/26/2001, Terminated: 6/19/2003 |
Notice of Appeal |
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NOTICE OF APPEAL by Cheryl A. Peters. FILING FEE $ 105.00 RECEIPT # 200 32210 (clerk)
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Filed: 11/26/2001, Entered: 11/26/2001, Terminated: 6/20/2003 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Appeal, Order filed 10/30/01 and docket sheet to USCA: copy of notice of appeal, docketing statement and transcript order form to counsel for plaintiff/appellant; copy of notice of appeal to counsel of record re: [23-1] appeal by Cheryl A. Peters (clerk)
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| 22 |
Filed: 11/13/2001, Entered: 11/14/2001 |
Affidavit |
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AFFIDAVIT of Paul A. Driscoll by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board Re: [22-1] (clerk)
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| 22 |
Filed: 11/13/2001, Entered: 11/14/2001 |
Bill of Costs |
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Bill of costs in the amount of $4,702.75 by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board (clerk)
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| 21 |
Filed: 11/13/2001, Entered: 11/14/2001 |
Memorandum in Support |
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MEMORANDUM in support of [20-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Attorney Fees, received. (clerk)
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| 20 |
Filed: 11/13/2001, Entered: 11/14/2001 |
Motion for Attorney Fees |
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MOTION by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Attorney Fees (clerk)
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| 19 |
Filed: 11/13/2001, Entered: 11/13/2001 |
Transcript |
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TRANSCRIPT before Honorble Tommy E. Miller on 10/30/01 (clerk)
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| Save 25% on a pre-paid one year subscription. |
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| 18 |
Filed: 10/30/2001, Entered: 10/31/2001 |
Judgment* |
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JUDGMENT and ORDER based on the findings of fact and conclusions of law and for the reasons stated on the record, judgment is hereby ENTERED for all defendants on all counts with costs awarded to defendants, entered and filed 10/30/01, ob, ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 10/30/01 [EOD DATE: 10/31/01] (clerk)
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| 17 |
Filed: 10/30/2001, Entered: 10/31/2001 |
Minutes-Miscellaneous |
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Minute entry: COURT PROCEEDINGS before TEM, USMJ. Diane Gray, OCR. Matter came on for motion for summary judgment. Arguement. Court made rulings, findings on the record. Court granted summary judgment for defendants with costs. Court will prepare an order. (clerk)
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| -- |
Filed: 10/30/2001, Entered: 10/31/2001 |
Case Assigned/Reassigned |
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CASE assigned to Magistrate Judge Tommy E. Miller (clerk)
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| -- |
Filed: 10/30/2001, Entered: 10/31/2001 |
Disposable Record |
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Disposable Record (clerk)
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Filed: 10/30/2001, Entered: 10/31/2001 |
Terminated Case |
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Case closed (clerk)
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| -- |
Filed: 10/30/2001, Entered: 10/31/2001 |
Motion Hearing |
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Motion hearing held re: [10-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney (clerk)
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| 16 |
Filed: 10/29/2001, Entered: 10/29/2001 |
Reply to Response to Motion |
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Rebuttal Memorandum by K. Edwin Brown to response to [10-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment, received. (clerk)
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| 15 |
Filed: 10/26/2001, Entered: 10/26/2001 |
Reply to Response to Motion |
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REPLY by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board to response to [10-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney, received. (clerk)
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| 14 |
Filed: 10/24/2001, Entered: 10/25/2001 |
Memorandum in Opposition |
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MEMORANDUM by Cheryl A. Peters in opposition to [10-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment, received. (Exhibits to Plainitff's Memorandum in Opposition placed in brown expandable.) (clerk)
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| 13 |
Filed: 10/24/2001, Entered: 10/25/2001 |
Notice of Hearing. |
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NOTICE of Hearing: on defendants motion for summary judgment on 10/30/01 at 12:00 p.m. (clerk)
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| -- |
Filed: 10/23/2001, Entered: 10/24/2001 |
Motion Hearing |
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Motion hearing re: [10-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment set at 12:00 10/30/01 (clerk)
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| 12 |
Filed: 10/18/2001, Entered: 10/18/2001 |
Order |
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ORDER on agreement of the parties the plaintiff is granted a 5 day extension of time, up to and including 10/24/01 to file a response to Defendants' motin for summary judgment and defendant shall have until 10/29/01 to file a rebuttal, Response to Motion reset to 10/24/01 for [10-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment , Reply to Response to Motion reset to 10/29/01 for [10-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment , no other court deadlines will be affected by this extension of time, entered 10/17/01 and filed 10/18/01, ( signed by Judge Tommy E. Miller ) Copies Mailed: 10/18/01 [EOD Date: 10/18/01] (clerk)
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| 11 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Affidavit |
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AFFIDAVIT of Sheila S. Magula by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board Re: [11-1] support memorandum, received. (clerk)
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| 11 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Affidavit |
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AFFIDAVIT of Timothy R. Jenney by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board Re: [11-1] support memorandum, received. (clerk)
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| 11 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Affidavit |
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AFFIDAVIT of Rodney Joe Burnsworth by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board Re: [11-1] support memorandum, received. (clerk)
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| 11 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Affidavit |
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AFFIDAVIT of K. Edwin Brown by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board Re: [11-1] support memorandum, received. (clerk)
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| 11 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Affidavit |
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AFFIDAVIT of Jane S. Brooks by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board Re: [11-1] support memorandum, received. (clerk)
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| 11 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Affidavit |
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AFFIDAVIT of Donald F. Bennis by Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula, School Board Re: [11-1] support memorandum, received. (clerk)
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| 11 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Memorandum in Support |
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MEMORANDUM in support of [10-1] motion by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment, received. (clerk)
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| 10 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Motion for Summary Judgment |
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MOTION by School Board, Sheila Magula, Nancy Guy, K. Edwin Brown, Timothy Jenney for Summary Judgment (clerk)
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| 9 |
Filed: 8/15/2001, Entered: 8/15/2001 |
Order |
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ORDER on joint motion of the parties it is ORDERED that the cutoff dte for the disclosure of plaintiff's expert witness testimony shall be 8/13/01 and the cutoff date for the defendant's expert witness testimony shall be 9/11/01, entered and filed 8/15/01, ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 8/15/01 [EOD Date: 8/15/01] (clerk)
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| 8 |
Filed: 7/31/2001, Entered: 7/31/2001 |
Order |
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CONSENT ORDER regarding depotion of nonparty fact witnesses upon agreement of the parties the deposition of nonparty fact witnesses be increased from five to twenty nonparty fact witnesses per party, entered and filed 7/31/01, ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 7/31/01 [EOD Date: 7/31/01] (clerk)
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| 7 |
Filed: 5/18/2001, Entered: 5/18/2001 |
Notice of Appearance |
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NOTICE of Attorney Appearance for K. Edwin Brown by John Joseph O'Keefe III (clerk)
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| 6 |
Filed: 5/15/2001, Entered: 5/15/2001 |
Order |
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Rule 16(b) Scheduling Order: Trial: 10:00 11/13/01 at Norfolk. Expert witnesses to be identified by 07/02/01 disclosure outlined in Rule 26 (a)(2)(B) by 08/01/01 response to such disclosure by 09/04/01 rebuttal by 09/19/01 discovery by plaintiff(s) on or before 09/11/01 and defendant(s) on or before 09/11/01; discovery/deposition in lieu of witness at trial concluded by 10/09/01 pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 10/23/01; objections delivered by 10/30/01; an attorney's conference is set for 10/23/01 at 2:00 p.m.; a final pretrial conference shall be conducted on 11/2/01 at 9:30 a.m.; trial by jury has been demanded, proposed voir dire and typewritten jury instruction to be received by 11/5/01; counsel indicating the proper name of Virginia Beach School Board, should be School Board of the City of Virginia Beach and ordering all pleadings changed to indicate the correct name, entered 5/14/01 filed 5/15/01 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 5/15/01 (clerk)
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| 5 |
Filed: 5/14/2001, Entered: 5/14/2001 |
Consent to Jurisdiction by U.S. Magistrate Judge |
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CONSENT to trial by Magistrate by Cheryl A. Peters, School Board, Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula (clerk)
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| -- |
Filed: 5/14/2001, Entered: 3/28/2003 |
Order |
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Magistrate Judge Tommy E. Miller to conduct all proceedings in this case, including the trial, and order the entry of judgment. (afor) Modified on 01/28/2004
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| -- |
Filed: 5/14/2001, Entered: 5/15/2001 |
Discovery Hearing |
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16(b) Conference held (clerk)
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| 4 |
Filed: 5/1/2001, Entered: 5/1/2001 |
Notice of Appearance |
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NOTICE of Attorney Appearance for Nancy Guy by David Leslie Dayton (clerk)
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| 3 |
Filed: 4/26/2001, Entered: 4/26/2001 |
Order |
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ORDER: 26(f) attorneys' conference set 5/7/01 at 2:00 p.m.; 16(b) scheduling conference set 2:30 p.m. 5/14/01; initial disclosure 5/29/01; no party required to respond to discovery sooner than 6/11/01; entered 4/26/01; filed 4/26/01; ( signed by Magistrate Judge F. B. Stillman ) Copies Mailed: 4/26/01 (afor)
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| -- |
Filed: 4/24/2001, Entered: 4/24/2001 |
Miscellaneous Document |
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Referred for Initial Pretrial Conference (clerk)
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| 2 |
Filed: 4/23/2001, Entered: 4/24/2001 |
Answer |
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ANSWER to Complaint by School Board, Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula (Attorney Richard Hoyt Matthews), (clerk)
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| -- |
Filed: 4/3/2001, Entered: 4/3/2001 |
Summons Issued |
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SUMMONS (5 originials with one copy each) issued for School Board, Timothy Jenney, K. Edwin Brown, Nancy Guy, Sheila Magula. MAILED TO ATTORNEY. Mg. ntc., ect. forms enclosed. (clerk)
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| 1 |
Filed: 2/16/2001, Entered: 2/16/2001 |
Complaint |
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COMPLAINT Filing Fee $ 150.00 Receipt # 28560; jury demand (clerk)
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Filed: 2/16/2001, Entered: 2/16/2001 |
Service - Miscellaneous |
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Service of complaint to be attempted by notice and waiver (clerk)
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Filed: 2/16/2001, Entered: 2/16/2001 |
Set/Clear Flags |
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Jury Trial Flag (clerk)
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