Nelson v. Big Lots Stores

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:02-cv-00538-RGD-JEB
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Summary

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Parties
No Logo Cynthia Nelson, Plaintiff

Represented by decklaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Harvey Joel Weintraub +1 757 622 3317 +1 757 626 0562 joel@decklaw.com
v.
No Logo Big Lots Stores, Inc., Defendant

Represented by Bucci & Dix LLC

Name Phone Fax E-Mail
Space Michael Scott Bucci +1 804 897 3950 +1 804 379 0173 sbucci@buccidix.com

Represented by McAndrew, Conboy & Prisco, LLP

Name Phone Fax E-Mail
Space William Beverley Tiller +1 804 644 8688 +1 804 644 8733 btiller@tillerlawgroup.com

Represented by Morris & Morris, PC

Name Phone Fax E-Mail
Space Lauren Michelle Hutcheson +1 804 344 8300 lhutcheson@morrismorris.com
Attributes
Office Norfolk
Filed 7/8/2002
Jury Demand Both
Demand $1000000
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity-Personal Injury
Jurisdiction Diversity
Disposition Judgment - Jury Verdict
County Norfolk City
Terminated 1/9/2003
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CL02-1454[Circuit Ct, Norfolk]
Def Custody Status
Flags CLOSED, MAG
Timeline
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 9/1/2006, Entered: 11/30/2006 Record(s)
Case file sent to Federal Records Center. (tlev)
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Blank -- Filed: 3/17/2003, Entered: 3/17/2003 Exhibit
Exhibits (plaintiff's) disposed of by the clerk (clerk)
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Blank 24 Filed: 2/19/2003, Entered: 2/20/2003 Satisfaction of Judgment
SATISFACTION OF JUDGMENT filed on behalf of plaintiff. ob (mwin)
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Blank 23 Filed: 1/16/2003, Entered: 1/16/2003 Bill of Costs
Bill of costs in the amount of 1,047.48 by Cynthia Nelson (clerk)
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Blank 22 Filed: 1/9/2003, Entered: 1/9/2003 Judgment*
JUDGMENT IN A CIVIL CASE for the plaintiff, executed and filed 1/09/03. Copies Mailed: 1/09/03 [EOD DATE: 1/9/03] (evan)
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Blank 21 Filed: 1/9/2003, Entered: 1/9/2003 Jury Verdict
JURY VERDICT for Cynthia Nelson in the sum of $50,000.00 filed in open Court on 1/09/03. (evan)
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Blank 20 Filed: 1/9/2003, Entered: 1/9/2003 OrderCourt Filing
ORDER to sequester jury during lunch and have lunch furnished ( signed by Magistrate Judge James E. Bradberry ), executed, entered and filed in open Court on 1/09/03. [EOD Date: 1/9/03] (evan)
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Blank 19 Filed: 1/9/2003, Entered: 1/9/2003 Minutes-Miscellaneous
MINUTE ENTRY: CONTINUATION OF JURY TRIAL PROCEEDINGS; JEB, USMJ; Horace Weiss, Zahn Rptrs; appearances by counsel, parties and jurors. Court & counsel addressed objection to jury verdict form and each counsel agreed to change; comments of Court and counsel regarding jury instructions. Closing arguments heard. Jury received Court's charge and instructions and retired to begin their deliberations. Court directed jury be sequestered during lunch and that lunch be ordered in for jury. Order directing lunch be furnished to the jury, executed, entered and filed in open Court. Court addressed questions of jury, Court directed written questions be filed in open Court. LATER: Jury returned with verdict for the plaintiff and fixed her damages as $50,000.00. Court directed Clerk to enter judgment for plaintiff; Verdict form filed in open Court; Court adjourned. (evan)
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Blank -- Filed: 1/9/2003, Entered: 1/10/2003 Permanent Record
Permanent Record (clerk)
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Blank -- Filed: 1/9/2003, Entered: 1/10/2003 Terminated Case
Case closed (clerk)
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Blank -- Filed: 1/9/2003, Entered: 1/9/2003 Jury Trial Begun
Jury Trial continued. (evan)
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Blank 18 Filed: 1/8/2003, Entered: 1/9/2003 Transcript
TRANSCRIPT of De Bene Esse Deposition of Denton D. Weiss, M.D. for dates of 12/02/02, filed in open Court on 1/08/03 during jury trial. (evan)
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Blank 17 Filed: 1/8/2003, Entered: 1/9/2003 Minutes-Miscellaneous
MINUTE ENTRY: JURY TRIAL PROCEEDINGS: JEB, USMJ; Horace Weiss, Zahn Rprtrs; appearance by Cynthia Nelson, plaintiff, with Harvey J. Weintraub, counsel for plaintiff; Richard LeBlanc, representative for Big Lots Stores, with William B. Tiller, atty., and Lauren M. Ebersole, atty., counsel for the defendant. The jury appeared as summoned and sworn on voir dire and from said panel a jury of eight (8) were selected and sworn to try the issue. Opening statements heard. Plaintiff presented evidence and rested. Original transcript of depositions of Dr. Denton Weiss filed in open Court. Argument as to introduction of deft.'s exhibit #1. Deft.'s exhibit #1 entered into evidence. Deft. presented evidence and rested. Plaintiff presented rebuttal witness - objection - Court sustained objection. Court excused jurors until 10:00 tomorrow morning, 1/09/03. Court adjourned and instructed counsel to return tomorrow, 1/09/03, at 9:30 a.m. to take up jury instructions. (evan)
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Blank -- Filed: 1/8/2003, Entered: 1/9/2003 Jury Trial Begun
Jury Trial held (evan)
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Blank 16 Filed: 1/3/2003, Entered: 1/3/2003 Minutes-Miscellaneous
Minute entry: HEARING PROCEEDINGS: JEB, USMJ. Penny Wile, OCR. Counsel appeared. Matter came on for hearing on objections to video deposition. Comments of counsel and court heard. Court made rulings on the record. Court adjourned. (sche)
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Blank -- Filed: 1/2/2003, Entered: 1/3/2003 Proposed Voir Dire
PROPOSED VOIR DIRE by defendant Big Lots Stores, received (lbax)
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Blank -- Filed: 1/2/2003, Entered: 1/3/2003 Proposed Jury Instructions
Proposed Jury instructions by Big Lots Stores, received (lbax)
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Blank -- Filed: 1/2/2003, Entered: 1/2/2003 Proposed Jury Instructions
Proposed Jury instructions by Cynthia Nelson, received original and 1 copy (lbax)
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Blank -- Filed: 1/2/2003, Entered: 1/2/2003 Proposed Voir Dire
PROPOSED VOIR DIRE by plaintiff Cynthia Nelson, received original and 1 copy (lbax)
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Blank 15 Filed: 12/30/2002, Entered: 12/30/2002 OrderCourt Filing
FINAL PRETRIAL ORDER entered in presence of counsel 12/23/02; filed 12/30/02 (signed by Magistrate Judge James E. Bradberry) (mwin)
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Blank -- Filed: 12/23/2002, Entered: 12/30/2002 Pretrial Conference - Final
Final Pre-Trial Conference held (mwin)
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Blank -- Filed: 12/23/2002, Entered: 12/23/2002 Set/Reset Deadlines:
Deadline updated; Hearing Deadline for 1:00 p.m. on 1/3/03 before Magistrate Judge James E. Bradberry on objections to videotape deposition (clerk)
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Blank -- Filed: 12/18/2002, Entered: 12/19/2002 Pretrial Conference - Final
Final Pre-Trial Conference reset at 10:00 a.m. on 12/23/02 before Magistrate Judge James E. Bradberry (clerk)
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Blank 14 Filed: 11/6/2002, Entered: 11/6/2002 OrderCourt Filing
ORDER that plaintiff is to submit to a Rule 35 examination which shall take place on 11/6/02 at 12:00 p.m., Dr. Lawrence Colon, 6161 Kempsville Circle, Suite 300, Norfolk, VA 23502, agreed, entered 11/5/02 and filed 11/6/02 (signed by Magistrate Judge James E. Bradberry) Copies Mailed: 11/6/02 [EOD Date: 11/6/02] (clerk)
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Blank 13 Filed: 8/28/2002, Entered: 8/28/2002 OrderCourt Filing
ORDER directing Admiral T. Boone Branch Medical Clinic to produce certain records of Cynthia Nelson at the offices of Morris and Morris, see this order for specifics, entered and filed 8/28/02 (signed by Magistrate Judge James E. Bradberry) Copies Mailed: 8/28/02 [EOD Date: 8/28/02] (clerk)
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Blank 12 Filed: 8/28/2002, Entered: 8/28/2002 OrderCourt Filing
ORDER directing Laboratory Medicine Department to produce certain records of Cynthia Nelson at the offices of Morris and Morris, see this order for specifics, agreed, entered and filed 8/28/02 (signed by Magistrate Judge James E. Bradberry) Copies Mailed: 8/28/02 [EOD Date: 8/28/02] (clerk)
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Blank 11 Filed: 8/28/2002, Entered: 8/28/2002 OrderCourt Filing
ORDER directing Naval Medical Center of Portsmouth to produce certain records of Cynthia Nelson at the offices of Morris and Morris, see this order for specifics, agreed, entered and filed 8/28/02 (signed by Magistrate Judge James E. Bradberry) Copies Mailed: 8/28/02 [EOD Date: 8/28/02] (clerk)
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Blank 10 Filed: 7/30/2002, Entered: 7/30/2002 OrderCourt Filing
Rule 16(b) Scheduling Order: setting jury trial at 10:00 a.m. on 1/8/03 at Norfolk. Expert witnesses to be identified by 9/9/02; disclosure outlined in Rule 26 (a)(2)(B) by 10/9/02; response to such disclosure by 11/8/02; rebuttal by 11/22/02; discovery by plaintiff(s) on or before 10/30/02 and defendant(s) on or before 11/27/02; discovery/deposition in lieu of witness at trial concluded by 12/4/02; pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 12/13/02; objections delivered by 12/18/02; an attorney's conference is set for 12/13/02 at 2:00 p.m.; a final pretrial conference shall be conducted on 12/20/02 at 10:00 a.m.; trial by jury has been demanded and proposed voir dire and written jury instructions are due by 1/2/03; and it having been represented by counsel that the proper name of defendant is Big Lots Stores, Inc., aka Big Lots, Inc., all pleadings are changed to reflect the correct name of the defendant, entered 7/30/02 and filed 7/30/02 (signed by Magistrate Judge James E. Bradberry) Copies Mailed: 7/30/02 (clerk)
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Blank -- Filed: 7/30/2002, Entered: 7/30/2002 Discovery Hearing
16(b) Conference held (clerk)
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Blank 9 Filed: 7/24/2002, Entered: 7/25/2002 OrderCourt Filing
ORDER REFERRING CASE to Magistrate Judge James E. Bradberry to conduct any and all further proceedings in this case, including trial, and order the entry of a final judgment, entered and filed 7/24/02 (signed by Judge Robert G. Doumar) Copies Mailed: 7/24/02 (clerk)
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Blank 8 Filed: 7/19/2002, Entered: 7/19/2002 Consent to Jurisdiction by U.S. Magistrate Judge
CONSENT to trial by Magistrate by Cynthia Nelson (both parties have now consented) (clerk)
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Blank 7 Filed: 7/12/2002, Entered: 7/12/2002 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Cynthia Nelson (lbax)
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Blank 6 Filed: 7/12/2002, Entered: 7/12/2002 Jury Demand
DEMAND for jury trial by Cynthia Nelson (lbax)
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Blank 5 Filed: 7/12/2002, Entered: 7/12/2002 Consent to Jurisdiction by U.S. Magistrate Judge
CONSENT to trial by Magistrate by Big Lots Stores (lbax)
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Blank 4 Filed: 7/12/2002, Entered: 7/12/2002 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Big Lots Stores (lbax)
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Blank 3 Filed: 7/11/2002, Entered: 7/11/2002 OrderCourt Filing
ORDER: 26(f) attorneys' conference set 7/22/02 at 2:00 p.m.; 16(b) scheduling conference set 8:45 7/30/02; initial disclosure 8/13/02; no party required to respond to discovery sooner than 8/26/02; entered 7/10/02 and filed 7/11/02 ( signed by Magistrate Judge James E. Bradberry ) Copies Mailed: 7/11/02 (afor)
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Blank -- Filed: 7/9/2002, Entered: 7/9/2002 Miscellaneous Document
Magistrate's consent form mailed/delivered to parties. (lbax)
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Blank -- Filed: 7/9/2002, Entered: 7/9/2002 Miscellaneous Document
Referred for 16(b) Conference (lbax)
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Blank -- Filed: 7/9/2002, Entered: 7/9/2002 Miscellaneous Document
CASE REFERRED to Magistrate Judge James E. Bradberry (lbax)
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Blank 2 Filed: 7/8/2002, Entered: 7/9/2002 Answer
ANSWER to Complaint by Big Lots Stores (Attorney William B. Tiller and M. Scott Bucci); jury demand (lbax)
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Blank 1 Filed: 7/8/2002, Entered: 7/9/2002 Notice of Removal
NOTICE OF REMOVAL from Circuit Court, City of Norfolk by Big Lots Stores; FILING FEE $150.00; RECEIPT #35012; jury demand (lbax)
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