Talley-Green, et al v. Colonial Foods, LLC

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:02-cv-00560-RAJ-TEM
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Parties
No Logo Angelique Brown, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Arthenia Anderson, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Ashton Brown, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Brandon Anderson, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Brenda Talley, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Italia Talley, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Justin Green, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Louis Martin, Sr., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Marcus, Martin, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Michael, Martin, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Paulus Brown, Jr., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Paulus F. Brown, Sr., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
No Logo Shonda Talley-Green, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael John Heath +1 757 306 8822
v.
No Logo Colonial Foods, LLC, 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
Attributes
Office Norfolk
Filed 7/18/2002
Jury Demand Plaintiff
Demand $2000000
Nature of Suit 440 - Civil Rights: Other
Cause Section 28 U.S.C. § 1441 Notice of Removal-Civil Rights (Race)
Jurisdiction Federal Question
Disposition Dismissed - Other
County Out of State
Terminated 5/28/2003
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CL02-953[Chesapeake Circuit]
Def Custody Status
Flags CLOSED, JURY
Timeline
  Entries (61) 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: 5/28/2003, Entered: 5/28/2003 Permanent Record
Permanent Record (dken)
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Blank -- Filed: 5/28/2003, Entered: 5/28/2003 Terminated Case
Case closed (dken)
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Blank 37 Filed: 5/23/2003, Entered: 5/28/2003 OrderCourt Filing
ORDER DISMISSING this case agreed with prejudice ; jurisdiction in this matter is retained solely for the purpose of enforcing the settlement agreement; entered and filed 5/23/03; (signed by Judge Raymond A. Jackson ) Copies Mailed: 5/27/03 [EOD Date: 5/28/03] (dken)
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Blank -- Filed: 5/16/2003, Entered: 5/21/2003 Docket Annotation
Notification from financial department that funds have been disbursed; return file to Judge Jackson for dismissal order (dken)
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Blank -- Filed: 4/23/2003, Entered: 4/24/2003 Filing Fee Received
Receipt #38730 for settlement funds in the amount of $9,230.78 paid on 4/23/03 (dken)
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Blank 36 Filed: 4/7/2003, Entered: 4/7/2003 OrderCourt Filing
ORDER that all matters in controversy have been compromised by Colonial Foods agreeing to pay each individual petitioner the lump sum of One Thousand Five Hundred Thirty Eight and 46/100 Dollars ($1,538.46) in full and final settlement of any and all claims of the petitioners, etc. (see order for specifics), entered and filed in open court 4/7/03 (signed by Judge Raymond A. Jackson) o.b. Copies Mailed: 4/7/03 [EOD Date: 4/7/03] (rlam)
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Blank 35 Filed: 4/7/2003, Entered: 4/7/2003 Minutes-Miscellaneous
COURT PROCEEDINGS: RAJ, USDJ. Sharon Borden, OCR. Counsel and plaintiffs appeared. Matter came on for approval of infant settlement. Argument of counsel heard. Evidence presented. Court finds each parent of sound mind and competent to handle the funds of the infant plaintiffs. Court approves the infant settlement. Court directs counsel to pay the funds to the Clerk of this Court and the Clerk of Court shall disburse the sums directly to the parents of each infant, as directed in the Court's order. Order of approval, entered. Court directed counsel to submit an order to the Clerk of this Court outlining instructions on disbursement within five to seven days. Court adjourned. (rlam) Modified on 04/07/2003
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Blank -- Filed: 4/7/2003, Entered: 4/7/2003 Minutes-Miscellaneous
Infant Settlement Hearing Held. (rlam)
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Blank 34 Filed: 4/1/2003, Entered: 4/2/2003 Remark
Settlement Breakdown as Agreed Between Plaintiffs and Counsel with attached Exhibit A (dken)
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Blank 33 Filed: 2/26/2003, Entered: 2/27/2003 Notice of Hearing.Court Filing
NOTICE of Hearing: Agreed infant settlement hearing set for 4/7/03 at 9:30 a.m. before Judge Jackson (dken)
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Blank -- Filed: 2/26/2003, Entered: 2/27/2003 Motion Hearing
Agreed infant settlement hearing set for 4/7/03 @ 9:30 a.m. before Judge Raymond A. Jackson (dken)
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Blank -- Filed: 1/22/2003, Entered: 1/23/2003 Set/Reset Deadlines:
Settlement Conference set on 11:00 1/28/03 before Judge Tommy E. Miller (dken) Modified on 01/23/2003
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Blank 32 Filed: 1/16/2003, Entered: 1/16/2003 Jury Verdict
JURY VERDICT, filed in open court. (rlam)
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Blank 31 Filed: 1/16/2003, Entered: 1/16/2003 OrderCourt Filing
ORDER that the marshal furnish the jurors meals at the expense of the United States, submitting the bill(s) to the Clerk of this Court for payment, entered and filed January 16, 2003 (signed by Judge Raymond A. Jackson) Copies delivered jury clerk 1/16/03. [EOD Date: 1/16/03] (rlam)
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Blank 30 Filed: 1/16/2003, Entered: 1/16/2003 Minutes-Miscellaneous
Day #3 - JURY TRIAL PROCEEDINGS - RAJ, USDJ. Sharon Borden, OCR. Petit jurors (9), parties and counsel appeared pursuant to adjournment of last evening (1/15/03). Out of the presence of the jury, counsel and Court retired to chambers to review the jury instructions and in open court heard objections to the jury instructions. Defendant's renewed motions for judgment as a matter of law, were DENIED. Closing statements of counsel heard. Jury received the Court's instructions, and retired to the jury room to begin their deliberations. Court directed CSO to provide lunch to sequestered jury. Jury returned later with questions, received the Court's instructions and continued their deliberations. Jury returned later, with a verdict. Verdict filed. Plaintiff shall file motion(s) on or before January 30, 2003; defendant to respond within seven (7) days. Defendant's motion to set aside the verdict and renewed motion for judgment as a matter of law, were DENIED. Court adjourned. (rlam)
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Blank 29 Filed: 1/16/2003, Entered: 1/16/2003 Objection
AMENDED OBJECTIONS by plaintiff Shonda Talley-Green, plaintiff Justin Green, plaintiff Brenda Talley, plaintiff Arthenia plaintiff Brandon Anderson, plaintiff Italia Talley to [0-1] proposed jury instructions by Colonial Foods, LLC, [0-1] proposed jury nstructions by Colonial Foods, LLC (clerk) Modified on 01/16/2003
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Blank 28 Filed: 1/15/2003, Entered: 1/16/2003 Minutes-Miscellaneous
Day #2 - JURY TRIAL PROCEEDINGS - RAJ, USDJ. Sharon Borden, OCR. Petit jurors (9), parties and counsel appeared pursuant to adjournment of last evening (1/14/03). Plaintiff resumed presentation of evidence and rested. Out of the presence of jury, defendant's motion to dismiss Virginia Consumer Protection Act claim argued and denied. Motion to dismiss Justin Green and Italia Talley, argued and denied; motion to dismiss claim for punitive damages, argued and denied. Defendant presented evidence and rested. Jury excused until 10:00 a.m. 1/16/03. Counsel to meet with Court in chambers to review instructions at 9:30 a.m. Court adjourned. (rlam) Modified on 01/16/2003
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Blank 27 Filed: 1/14/2003, Entered: 1/14/2003 OrderCourt Filing
ORDER, Amending [1-1] complaint (motion for judgment) and the final pretrial order so as to recite that the correct address of the restaurant listed therein is 137 South Battlefield Boulevard, Chesapeake, Virginia, etc., entered and filed in open court (signed by Judge Raymond A. Jackson, USDJ) [EOD Date: 1/14/03] (rlam)
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Blank 26 Filed: 1/14/2003, Entered: 1/14/2003 OrderCourt Filing
ORDER, Dismissing count 1 of the complaint with prejudice , entered and filed in open court (signed by Judge Raymond A. Jackson) [EOD Date: 1/14/03] (rlam)
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Blank 25 Filed: 1/14/2003, Entered: 1/14/2003 Minutes-Miscellaneous
JURY TRIAL PROCEEDINGS - RAJ, USDJ. Sharon Borden, OCR. Counsel and parties appeared. Matter came on for trial with a jury. Order, dismissing Court 1 of the complaint, with prejudice, entered and filed in open court. Order, that the complaint (motion for judgment) and the final pretrial order are amended so as to recite that the correct address of the restaurant listed herein is 137 South Battlefield Boulevard, Chesapeake, Virginia, etc., entered and filed in open court. Petit jurors were sworn, examined on voir dire and from said panel came a jury who were duly sworn. Jury received the Court's preliminary instructions. Opening statements of counsel heard. Plaintiff presented evidence. Jury (9), and counsel instructed to return tomorrow morning at 10:00 a.m. Court adjourned. (rlam)
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Blank 24 Filed: 1/14/2003, Entered: 1/14/2003 Objection
OBJECTION by defendant Colonial Foods, LLC to [0-1] proposed jury instructions by plaintiffs (dken) Modified on 01/14/2003
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Blank -- Filed: 1/14/2003, Entered: 1/14/2003 Jury Trial Begun
Jury Trial held (rlam)
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Blank 23 Filed: 1/13/2003, Entered: 1/14/2003 Objection
OBJECTION by defendant Colonial Foods, LLC to [0-1] propsed voir dire by plaintiffs (dken) Modified on 01/14/2003
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Blank 22 Filed: 1/10/2003, Entered: 1/13/2003 Objection
OBJECTION by plaintiff Shonda Talley-Green, plaintiff Justin Green, plaintiff Brenda Talley, plaintiff Arthenia Anderson, plaintiff Brandon Anderson, plaintiff Italia Talley, plaintiff Louis Martin Sr., plaintiff Michael Martin, plaintiff Marcus Martin, plaintiff Paulus F. Brown Sr., plaintiff Angelique Brown, plaintiff Ashton Brown, plaintiff Paulus Brown Jr. to [0-1] propopsed voir dire by Colonial Foods, LLC; received (dken) Modified on 01/13/2003
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Blank -- Filed: 1/10/2003, Entered: 1/13/2003 Docket Annotation
Copy of opinion - Bynum v. Hobbs Realty - to be attached to plaintiff's proposed jury instructions (dken)
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Blank -- Filed: 1/9/2003, Entered: 1/17/2003 Set/Reset Deadlines:
Settlement Conference held (dken)
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Blank -- Filed: 1/7/2003, Entered: 1/13/2003 Proposed Jury Instructions
Proposed Jury instructions and proposed voir dire by Colonial Foods, LLC (dken)
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Blank -- Filed: 1/7/2003, Entered: 1/8/2003 Proposed Jury Instructions
Proposed Jury instructions and proposed voir dire by Shonda Talley-Green, Justin Green, Brenda Talley, Arthenia Anderson, Brandon Anderson, Italia Talley, Louis Martin Sr., Michael Martin, Marcus Martin, Paulus F. Brown Sr., Angelique Brown, Ashton Brown, Paulus Brown Jr. (dken) Modified on 01/08/2003
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Blank -- Filed: 1/7/2003, Entered: 1/8/2003 Proposed Jury Instructions
Proposed Jury instructions with proposed voir dire by Colonial Foods, LLC (dken) Modified on 01/14/2003
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Blank 21 Filed: 12/20/2002, Entered: 12/23/2002 OrderCourt Filing
Final Pretrial Order entered in the presence of counsel; entered and filed 12/20/02; (signed by Magistrate Judge Tommy E. Miller) (dken) Modified on 12/23/2002
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Blank -- Filed: 12/20/2002, Entered: 1/17/2003 Pretrial Conference - Final
Pre-Trial Conference held (dken)
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Blank -- Filed: 12/20/2002, Entered: 12/24/2002 Set/Reset Deadlines:
Settlement Conference set on 9:30 1/9/03 before Magistrate Judge Tommy E. Miller (dken)
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Blank 20 Filed: 12/19/2002, Entered: 12/20/2002 Reply to Response to Motion
REPLY by Colonial Foods, LLC to response to [14-1] motion for Summary Judgment; received (dken)
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Blank 19 Filed: 12/18/2002, Entered: 12/19/2002 Objection
OBJECTION by plaintiff Shonda Talley-Green, plaintiff Justin Green, plaintiff Brenda Talley, plaintiff Arthenia Anderson, plaintiff Brandon Anderson, plaintiff Italia Talley, plaintiff Louis Martin Sr., plaintiff Michael Martin, plaintiff Marcus Martin, plaintiff Paulus F. Brown Sr., plaintiff Angelique Brown, plaintiff Ashton Brown, plaintiff Paulus Brown Jr. to defendant's proposed witnesses and exhibits; received (dken)
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Blank 18 Filed: 12/17/2002, Entered: 12/18/2002 Answer
SUPPLEMENTAL ANSWER to Complaint by Colonial Foods, LLC (dken)
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Blank 17 Filed: 12/16/2002, Entered: 12/18/2002 Memorandum in Opposition
MEMORANDUM by Shonda Talley-Green, Justin Green, Brenda Talley, Arthenia Anderson, Brandon Anderson, Italia Talley, Louis Martin Sr., Michael Martin, Marcus Martin, Paulus F. Brown Sr., Angelique Brown, Ashton Brown in opposition to [14-1] motion by Colonial Foods, LLC for Summary Judgment ; received (dken)
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Blank 16 Filed: 12/11/2002, Entered: 12/11/2002 Affidavit
AFFIDAVIT of Steve Chinnis of Colonial Foods, LLC Re: [14-1] motion by Colonial Foods, LLC for Summary Judgment (dken)
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Blank 15 Filed: 12/10/2002, Entered: 12/11/2002 OrderCourt Filing
ORDER Substituting Attorney terminated attorney William Edward Rachels Jr. for Colonial Foods, LLC, attorney Timothy Michael McConville for Colonial Foods, LLC; Added Alan Brody Rashkind, James Arthur Cales III ; entered and filed 12/10/02; (signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 12/11/02 [EOD Date: 12/11/02] (dken)
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Blank 14 Filed: 12/6/2002, Entered: 12/10/2002 Motion for Summary Judgment
MOTION with Memorandum in Support by Colonial Foods, LLC for Summary Judgment ; received (dken)
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Blank 13 Filed: 12/3/2002, Entered: 12/5/2002 OrderCourt Filing
ORDER granting in part and denying in part [4-1] motion by Colonial Foods, LLC to Dismiss; granting dismissal of Count IV (VHRA and Constitution of Virginia) and denying Count I (Title II) and Count III (VCPA); entered and filed 12/03/02; (signed by Judge Raymond Jackson ) Copies Mailed: 12/04/02 [EOD Date: 12/5/02] (dken)
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Blank 12 Filed: 11/5/2002, Entered: 11/7/2002 Motion for Extension
MOTION by plaintiffs to Extend Time to take depositions (dken)
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Blank 11 Filed: 8/15/2002, Entered: 8/19/2002 Reply to Response to Motion
REPLY BRIEF by Colonial Foods, LLC to response to [4-1] motion to Dismiss; received (dken) Modified on 08/19/2002
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Blank 10 Filed: 8/15/2002, Entered: 8/16/2002 Consent to Jurisdiction by U.S. Magistrate Judge
CONSENT to trial by Magistrate by Shonda Talley-Green, Justin Green, Brenda Talley, Arthenia Anderson, Brandon Anderson, Italia Talley, Louis Martin Sr., Michael Martin, Marcus Martin, Paulus F. Brown Sr., Angelique Brown, Ashton Brown, Colonial Foods, LLC, Paulus Brown Jr. (dken)
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Blank 9 Filed: 8/15/2002, Entered: 8/16/2002 OrderCourt Filing
Rule 16(b) Scheduling Order: JURY TRIAL set for 10:00 a.m. on 1/14/03 at Norfolk. Expert witnesses to be identified by 9/13/02; disclosure outlined in Rule 26 (a)(2)(B) by 10/15/02; response to such disclosure by 11/15/02; rebuttal by 12/2/02; discovery by plaintiff(s) on or before 11/5/02 and defendant(s) on or before 12/03/02; discovery/deposition in lieu of witness at trial concluded by 12/10/02; 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 @ 2:00 p.m.; a final pretrial conference shall be conducted on 12/20/02 @ 10:30 a.m.; trial by jury has been demanded; voir dire and two sets of jury instructions shall be delivered to the Clerk on or before 1/7/03; it is orderd that all pleadings be changed to indicate the proper name of defendant as "COLONIAL FOODS, LLC, an Arizona limited liability company, trading as and doing business as and also known as Pizza Hut"; defendant's reply to plaintiff's memorandum in opposition to defendant's motion to dismiss due on or before 8/16/02; Clerk shall refer file on 8/21/02 for decision on memoranda; entered and filed 8/15/02; (signed by Magistrate Judge Tommy E. Miller). Copies Mailed: 8/16/02 (dken)
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Blank -- Filed: 8/15/2002, Entered: 8/16/2002 Discovery Hearing
16(b) Conference held (dken)
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Blank 8 Filed: 8/8/2002, Entered: 8/9/2002 Response to Motion
RESPONSE by Shonda Talley-Green, Justin Green, Brenda Talley, Arthenia Anderson, Brandon Anderson, Italia Talley, Louis Martin Sr., Michael Martin, Marcus Martin, Paulus F. Brown Sr., Angelique Brown, Ashton Brown, Paulus Brown Jr. to [4-1] motion to Dismiss by Colonial Foods, LLC (ariv)
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Blank 7 Filed: 8/1/2002, Entered: 8/2/2002 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Colonial Foods, LLC (dken)
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Blank 6 Filed: 7/30/2002, Entered: 7/30/2002 OrderCourt Filing
ORDER: 26(f) attorneys' conference set 8/9/02 at 2:00 p.m.; 16(b) scheduling conference set 8:45 8/15/02; initial disclosure 8/29/02; no party required to respond to discovery sooner than 9/9/02; entered 7/30/02 and filed 7/30/02; ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 7/30/02 (afor)
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Blank 5 Filed: 7/25/2002, Entered: 7/26/2002 Memorandum in Support
MEMORANDUM by Colonial Foods, LLC in support of [4-1] motion to Dismiss; received (dken) Modified on 07/26/2002
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Blank 4 Filed: 7/25/2002, Entered: 7/26/2002, Terminated: 12/3/2002 Motion to Dismiss
MOTION by Colonial Foods, LLC to Dismiss (dken)
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Blank 3 Filed: 7/25/2002, Entered: 7/26/2002 Answer
ANSWER to Complaint by Colonial Foods, LLC (Attorneys William E. Rachels, Jr. and Timothy M. McConville) (dken)
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Blank -- Filed: 7/25/2002, Entered: 7/26/2002 Miscellaneous Document
Referred for 16(b) Conference (dken)
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Blank -- Filed: 7/25/2002, Entered: 7/26/2002 Set/Reset Deadlines:
Response to Motion to Dismiss Deadline 8/8/02 (dken)
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Blank 2 Filed: 7/22/2002, Entered: 7/22/2002 Notice
NOTICE of removal from State Court by Colonial Foods, LLC (dken)
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Blank -- Filed: 7/22/2002, Entered: 7/22/2002 Set/Clear Flags
Jury Trial Flag (dken)
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Blank -- Filed: 7/22/2002, Entered: 7/22/2002 Docket Annotation
Mag. notice and judge form packets mailed to counsel (dken)
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Blank 1 Filed: 7/18/2002, Entered: 7/22/2002 Notice of Removal
NOTICE OF REMOVAL from Chesapeake Circuit Court by Colonial Foods, LLC; FILING FEE $150.00; RECEIPT #35143; jury demand (dken)
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Blank -- Filed: 7/18/2002, Entered: 7/22/2002 Case Assigned/Reassigned
CASE assign to Judge Raymond A. Jackson (dken)
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Blank -- Filed: 7/18/2002, Entered: 7/22/2002 Miscellaneous Document
CASE REFERRED to Magistrate Judge Tommy E. Miller (dken)
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Blank -- Filed: 7/18/2002, Entered: 7/22/2002 Set/Reset Deadlines:
Deadline updated; set Answer deadline to 7/25/02 for Colonial Foods, LLC (dken)
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