Shooting Point, et al v. Cumming, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:02-cv-00193-RBS-JEB
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Parties
No Logo L. Barrett Cree, Plaintiff

Represented by Sacks & Sacks

No Logo Lemoin B. Cree, Plaintiff

Represented by Sacks & Sacks

No Logo Marlene Cree, Plaintiff

Represented by Sacks & Sacks

No Logo Montaigne Cree, Plaintiff

Represented by Sacks & Sacks

No Logo Nicole Killebrew, Plaintiff

Represented by Sacks & Sacks

No Logo Shooting Point Property Owners Association, Inc., Plaintiff

Represented by Sacks & Sacks

No Logo Shooting Point, LLC, Plaintiff

Represented by Sacks & Sacks

v.
No Logo Curtis H. Jones, Jr., Defendant

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space James Arthur Cales, III +1 757 461 7100 jcales@furnissdavis.com
Space Alan Brody Rashkind +1 757 461 7100 arashkind@furnissdavis.com
No Logo John W. Wescoat, Defendant

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space James Arthur Cales, III +1 757 461 7100 jcales@furnissdavis.com
Space Alan Brody Rashkind +1 757 461 7100 arashkind@furnissdavis.com
No Logo John W. Wescoat, Jr., Defendant

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space James Arthur Cales, III +1 757 461 7100 jcales@furnissdavis.com
Space Alan Brody Rashkind +1 757 461 7100 arashkind@furnissdavis.com
No Logo Suzanne Wescoat, Defendant

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space James Arthur Cales, III +1 757 461 7100 jcales@furnissdavis.com
Space Alan Brody Rashkind +1 757 461 7100 arashkind@furnissdavis.com
No Logo W. M. Cumming, Jr., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Christian Stuchell +1 804 968 4734
Attributes
Office Norfolk
Filed 3/25/2002
Jury Demand Plaintiff
Demand $9999000
Nature of Suit 440 - Civil Rights: Other
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Northampton
Terminated 12/20/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 03-1120[]
Def Custody Status
Flags CLOSED, JURY
Timeline
  Entries (40) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 9/7/2006, Entered: 1/31/2007 Record(s)
Case file sent to Federal Records Center. (tlev, )
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Blank 29 Filed: 6/8/2004, Entered: 6/8/2004 USCA Judgment
JUDGMENT OF USCA (certified copy) with copy of opinion of USCA affirming the judgment of the District Court re: [27-1] appeal, [25-1] appeal, filed. (jcow)
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Blank 28 Filed: 5/17/2004, Entered: 5/18/2004 USCA Mandate
Copy of Opinion of USCA re: [27-1] appeal by Shooting Point, Shooting Point, [25-1] appeal by Shooting Point, Shooting Point, Decided 5/14/04, affirming the District Court decision; attached copy of judgment will not take effect until issuance of the mandate. (jcow)
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Blank -- Filed: 2/11/2003, Entered: 2/11/2003, Terminated: 6/8/2004 Certificate of Completion
Certification of completion sent to USCA re: [27-1] appeal by Shooting Point, L.L.C, Shooting Point Property Owners Association; [25-1] Amended appeal by Shooting Point, L.L.C., Shooting Point Property Owners Association (jcow)
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Blank 27 Filed: 2/10/2003, Entered: 2/11/2003 Notice of Appeal
AMENDED NOTICE OF APPEAL by Shooting Point, L.L.C., Shooting Point Property Owners Association (jcow)
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Blank 26 Filed: 1/30/2003, Entered: 1/31/2003 OrderCourt Filing
ORDER denying [22-1] motion to Alter Judgment, denying [22-2] motion to Amend [21-1] judgment, entered and filed 1/30/03 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 1/31/03 [EOD Date: 1/31/03] (jcow)
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Blank -- Filed: 1/27/2003, Entered: 1/28/2003 USCA Case Number
USCA Case Number Re: [25-1] appeal by Shooting Point, Shooting Point, L.L.C. CASE MANAGER: Lisa Jernigan USCA NUMBER: 03-1120 (jcow)
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Blank -- Filed: 1/22/2003, Entered: 1/22/2003, Terminated: 6/8/2004 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Final Order, Judgment and docket sheet to USCA: copy of notice of appeal to plaintiff/ appellant re: [25-1] appeal by Shooting Point L.L.C., Shooting Point Property Owners Association; copy of notice of appeal to counsel of record (jcow)
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Blank 25 Filed: 1/21/2003, Entered: 1/21/2003, Terminated: 6/8/2004 Notice of Appeal
NOTICE OF APPEAL by Shooting Point L.L.C., Shooting Point Property Owners Association, Inc., FILING FEE $ 105.00 RECEIPT # 37536 (jcow)
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Blank 24 Filed: 1/21/2003, Entered: 1/21/2003, Terminated: 6/8/2004 Response to Motion
RESPONSE by W. M. Cumming Jr. to [22-1] motion to Alter Judgment, [22-2] motion to Amend [21-1] judgment (jcow)
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Blank 23 Filed: 1/21/2003, Entered: 1/21/2003 Memorandum in Opposition
MEMORANDUM by John W. Wescoat, Suzanne Wescoat, John W. Wescoat Jr., Curtis H. Jones Jr. in opposition to [22-1] motion to Alter Judgment, [22-2] motion to Amend [21-1] judgment (jcow)
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Blank 22 Filed: 1/7/2003, Entered: 1/8/2003, Terminated: 1/30/2003 ~Motion to Alter Judgment
MOTION by plaintiffs to Alter Judgment , or to Amend [21-1] judgment (jcow) Modified on 01/08/2003
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Blank 21 Filed: 12/20/2002, Entered: 12/20/2002 Judgment*
JUDGMENT on decision of the court that the plaintiff's complaint is dismissed in its entirety; Count One is dismissed for failure to state a claim upon which relief can be granted; Counts Two, Three and Four are barred by the Rooker-Feldman doctrine and are thus dismissed; Count Five is dismissed for lack of subject matter jurisdiction; Count Six is dismissed without prejudice to pursue these claims in state court, entered by the clerk and filed 12/20/02, o.b., Copies Mailed: 12/20/02 [EOD DATE: 12/20/02] (jcow)
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Blank 20 Filed: 12/20/2002, Entered: 12/20/2002 OrderCourt Filing
MEMORANDUM OPINION AND FINAL ORDER dismissing plaintiffs' complaint in its entirety; Count One is dismissed for failure to state a claim upon which relief can be granted; Counts Two, Three and Four are barred by the Rooker-Feldman doctrine and are thus dismissed; Count Five is dismissed for lack of subject matter jurisdiction; Count Six is dismissed without prejudice to pursue these claims in state court, entered and filed 12/20/02 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 12/20/02 [EOD Date: 12/20/02] (jcow)
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Blank -- Filed: 12/20/2002, Entered: 12/20/2002 Disposable Record
Disposable Record (jcow)
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Blank -- Filed: 12/20/2002, Entered: 12/20/2002 Terminated Case
Case closed (jcow)
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Blank 19 Filed: 12/4/2002, Entered: 12/4/2002 OrderCourt Filing
CONSENT ORDER granting [14-1] plaintiffs' motion to Extend Time to reply to defendant Cumming's motion for judgment on the pleadings, enlarging the time until 10/25/02 for defendant to file a response to defendant's motion for judgment on the pleadings and the defendant Cumming shall have until 11/4/02 to file any reply, entered 12/3/02 (entered nunc pro tunc 10/25/02) and filed 12/4/02 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 12/4/02 [EOD Date: 12/4/02] (jcow)
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Blank 18 Filed: 11/8/2002, Entered: 11/13/2002 Memorandum in Opposition
MEMORANDUM in opposition to [15-1] motion by plaintiffs to Strike [10-1] motion for Judgment the Pleadings by W. M. Cumming Jr., [15-2] motion by plaintiffs to convert said motion to a 56 motion for summary judgment, [15-3] motion by plaintiffs to defer disposition of said Rule 56 motion, received (jcow)
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Blank 17 Filed: 11/4/2002, Entered: 11/4/2002 Reply to Response to Motion
REPLY to response to [10-1] motion for Judgment on the Pleadings by W. M. Cumming Jr., received (jcow)
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Blank 16 Filed: 10/25/2002, Entered: 10/28/2002 Memorandum in Support
MEMORANDUM in support of [15-1] motion by plaintiffs to Strike [10-1] motion for Judgment on the Pleadings by W. M. Jr., [15-2] motion by plaintiffs to convert said motion to a Rule 56 motion for summary, [15-3] motion by plaintiffs to defer disposition of said Rule 56 motion, received (jcow)
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Blank 15 Filed: 10/25/2002, Entered: 10/28/2002 Motion to Strike
MOTION by plaintiffs to Strike [10-1] motion for Judgment on the Pleadings by W. M. Cumming Jr. , and by plaintiffs to convert said motion to a Rule 56 motion for summary judgment , and by plaintiffs to defer disposition of said Rule 56 motion (jcow)
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Blank 14 Filed: 10/15/2002, Entered: 10/16/2002, Terminated: 12/4/2002 Motion for Extension
MOTION with Memorandum in Support by Shooting Point L.L.C., Lemoin B. Cree, Marlene Cree, Nicole Killebrew, Montaigne Cree, L. Barrett Cree, Shooting Point to Extend Time to reply to defendant Cumming's motion for judgment on the pleadings , consent order in routing (jcow)
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Blank 13 Filed: 10/4/2002, Entered: 10/7/2002 Affidavit
AFFIDAVIT of Kay N. Downing Re: [11-1] support memorandum by W. M. Cumming Jr. (jcow)
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Blank 12 Filed: 10/4/2002, Entered: 10/7/2002 Affidavit
AFFIDAVIT by W. M. Cumming Jr. Re: [11-1] support memorandum by W. M. Cumming Jr. (jcow)
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Blank 11 Filed: 10/4/2002, Entered: 10/7/2002 Memorandum in Support
MEMORANDUM in support of [10-1] motion for Judgment on the Pleadings by W. M. Cumming Jr., received (jcow)
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Blank 10 Filed: 10/4/2002, Entered: 10/7/2002 Motion for Judgment on the Pleadings
MOTION by W. M. Cumming Jr. for Judgment on the Pleadings (jcow)
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Blank -- Filed: 9/24/2002, Entered: 9/24/2002 Motions Referred
Motion referred: [4-1] motion by Curtis H. Jones Jr., John W. Wescoat Jr., Suzanne Wescoat, John W. Wescoat to Dismiss referred to Judge Rebecca B. Smith (jcow)
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Blank 9 Filed: 9/23/2002, Entered: 9/24/2002 Reply to Response to Motion
REPLY to response to [4-1] motion to Dismiss by Curtis H. Jones Jr., John W. Wescoat Jr., Suzanne Wescoat, John W. Wescoat, received (jcow)
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Blank 8 Filed: 9/16/2002, Entered: 9/16/2002 OrderCourt Filing
AGREED ORDER Extending Time for plaintiffs to file a responsive brief to defendants' motion to dismiss until 9/13/02, entered 9/13/02 and filed 9/16/02 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 9/16/02 [EOD Date: 9/16/02] (jcow)
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Blank 7 Filed: 9/13/2002, Entered: 9/16/2002 Memorandum in Opposition
MEMORANDUM in opposition by all plaintiffs to [4-1] motion to Dismiss by Curtis H. Jones Jr., John W. Wescoat Jr., Suzanne Wescoat, John W. Wescoat, received (jcow)
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Blank 6 Filed: 8/14/2002, Entered: 8/14/2002 OrderCourt Filing
AGREED ORDER that plaintiff's have 30 days from 8/12/02 to reply to defendant's motion to dismiss, Response to Motion reset to 9/11/02 for [4-1] motion by Curtis H. Jones Jr., John W. Wescoat Jr., Suzanne Wescoat, John W. Wescoat to Dismiss , entered and filed 8/14/02 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 8/14/02 [EOD Date: 8/14/02] (jcow)
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Blank 5 Filed: 8/12/2002, Entered: 8/12/2002, Terminated: 12/20/2002 Response to Motion
RESPONSE by W. M. Cumming Jr. to [4-1] motion to Dismiss by Curtis H. Jones Jr., John W. Wescoat Jr., Suzanne Wescoat, John W. Wescoat (jcow)
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Blank 4 Filed: 7/29/2002, Entered: 7/30/2002 Motion to Dismiss
MOTION with Memorandum in Support by Curtis H. Jones Jr., John W. Wescoat Jr., Suzanne Wescoat, John W. Wescoat to Dismiss (jcow)
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Blank 3 Filed: 7/29/2002, Entered: 7/29/2002 Summons Returned Executed
SUMMONS Returned Executed as to W. M. Cumming Jr., John W. Wescoat, Suzanne Wescoat, John W. Wescoat Jr., Curtis H. Jones Jr. 7/8/02 Answer due on 7/29/02 for Curtis H. Jones Jr., for John W. Wescoat Jr., for Suzanne Wescoat, for John W. Wescoat (jcow)
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Blank 2 Filed: 7/29/2002, Entered: 7/29/2002, Terminated: 12/20/2002 Answer
ANSWER to Complaint by W. M. Cumming Jr. (Attorney James Christian Stuchell), (jcow)
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Blank -- Filed: 4/2/2002, Entered: 4/2/2002 Summons Issued
SUMMONSES with one certified copy issued for W. M. Cumming Jr., John W. Wescoat, Suzanne Wescoat, John W. Wescoat Jr., Curtis H. Jones Jr., mag notice, and provided to counsel (jcow)
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Blank -- Filed: 3/26/2002, Entered: 3/26/2002 Set/Clear Flags
Jury Trial Flag (jcow)
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Blank -- Filed: 3/26/2002, Entered: 3/26/2002 Set/Reset Hearings
Remove Magistrate Flag. (jcow)
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Blank -- Filed: 3/26/2002, Entered: 3/26/2002 Case Referred to Magistrate Judge
CASE REFERRED to Magistrate Judge James E. Bradberry (jcow)
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Blank 1 Filed: 3/25/2002, Entered: 3/26/2002 Complaint
COMPLAINT, Filing Fee $ 150.00 Receipt # 33698; jury demand (jcow)
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