Soper v. City of Portsmouth, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:03-cv-00453-RGD-JEB
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Parties
No Logo Kevin A. Soper, Plaintiff

Represented by ParisBlank LLP

Name Phone Fax E-Mail
Space Irving Michael Blank +1 804 355 0691 irvblank@parisblank.com
v.
No Logo Officer A. Stewart, 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 Officer C. Pearson, 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 Officer J. Honeycutt, 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 Pete Johnson, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard Harvey Roston +1 757 461 5555 +1 757 466 1527 rostonlaw@msn.com
No Logo Rhonda Johnson, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard Harvey Roston +1 757 461 5555 +1 757 466 1527 rostonlaw@msn.com
No Logo Robin Quisenberry, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard Harvey Roston +1 757 461 5555 +1 757 466 1527 rostonlaw@msn.com
No Logo Theresa Fasie, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Andrew Basham +1 757 873 1738 +1 757 873 0764 attyatlure@yahoo.com

Represented by MCKENRY DANCIGERS DAWSON & LAKE

Name Phone Fax E-Mail
Space Jason E. Dodd +1 757 461 2500
Attributes
Office Norfolk
Filed 6/25/2003
Jury Demand Both
Demand $1000000
Nature of Suit 440 - Civil Rights: Other
Cause Section 28 U.S.C. § 1441 Notice of Removal-Civil Rights
Jurisdiction Federal Question
Disposition Transfer/Remand - Remanded to State Court
County Portsmouth City
Terminated 3/19/2004
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CL03-1434[Portsmouth Circuit]
Def Custody Status
Flag CLOSED
Timeline
  Entries (79) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 67 Filed: 3/19/2004, Entered: 3/19/2004 OrderCourt Filing
AGREED ORDER Dismissing this action, with prejudice and REMANDING this case to the Circuit Court for the City of Portsmouth, and declining to exercise the court's supplemental jurisdiction, entered and filed 3/19/04 ( signed by Judge Robert G. Doumar ) Copies Mailed: 3/19/04 [EOD Date: 3/19/04] (jcow)
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Blank -- Filed: 3/19/2004, Entered: 3/19/2004 Disposable Record
Disposable Record (jcow)
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Blank -- Filed: 3/19/2004, Entered: 3/19/2004 Terminated Case
Case closed (jcow)
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Blank -- Filed: 3/19/2004, Entered: 3/19/2004 Set/Clear Flags
**Remove Jury Flag** (jcow)
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Blank 66 Filed: 2/3/2004, Entered: 2/3/2004 OrderCourt Filing
SUPPLEMENTAL RULE 16(b) SCHEDULING ORDER reset Jury Trial for 10:00 6/23/04 before Judge Robert G. Doumar , reset Final Pretrial Conference for 10:00 6/11/04 ; proposed voir dire and jury instructions shall be delivered to the clerk by 6/16/04; all other dates set forth in the 9/11/03 order shall remain the same, entered and filed 2/3/04 ( signed by Judge Robert G. Doumar ) Copies Mailed: 2/3/04 [EOD Date: 2/3/04] (jcow)
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Blank -- Filed: 2/3/2004, Entered: 2/4/2004 Set/Reset Deadlines:
Settlement Conference held with U.S. Magistrate Judge J.E. Bradberry (jcow)
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Blank -- Filed: 2/3/2004, Entered: 2/3/2004 Set/Clear Flags
Jury Trial Flag (jcow)
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Blank -- Filed: 1/14/2004, Entered: 1/14/2004 Set/Reset Deadlines:
Settlement Conference set on 10:30 2/3/04 before Magistrate Judge James E. Bradberry (jcow)
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Blank 65 Filed: 12/30/2003, Entered: 12/30/2003 OrderCourt Filing
AGREED ORDER that the plaintiff's subpoena duces tecum to Chief of Police Kitzerow and deposition subpoenas to Detectives Alley, Davis and Roten are quashed and plaintiff's motion for enlargement of time to conduct discovery is withdrawn, entered and filed 12/30/03 ( signed by Magistrate Judge James E. Bradberry ) Copies Mailed: 12/30/03 [EOD Date: 12/30/03] (jcow)
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Blank 64 Filed: 12/23/2003, Entered: 12/24/2003 OrderCourt Filing
AGREED ORDER dismissing without prejudice defendant City of Portsmouth as a party to this action, entered and filed 12/23/03 ( signed by Judge Robert G. Doumar ), o.b., Copies Mailed: 12/23/03 [EOD Date: 12/24/03] (jcow)
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Blank 63 Filed: 12/23/2003, Entered: 12/24/2003 OrderCourt Filing
ORDER that the defendant Fasie disclosure deadline is extended and said disclosure shall be deemed timely filed, entered and filed 12/23/03 ( signed by Judge Robert G. Doumar ) Copies Mailed: 12/23/03 [EOD Date: 12/24/03] (jcow)
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Blank 62 Filed: 12/23/2003, Entered: 12/24/2003 OrderCourt Filing
ORDER denying [60-1] motion by Kevin A. Soper to Extend Time to complete discovery and extend scheduling order deadline, entered and filed 12/23/03 ( signed by Judge Robert G. Doumar ) Copies Mailed: 12/23/03 [EOD Date: 12/24/03] (jcow)
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Blank 61 Filed: 12/18/2003, Entered: 12/19/2003 Memorandum in Support
MEMORANDUM in support of [60-1] motion by Kevin A. Soper to Extend Time to complete discovery, received. (clerk)
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Blank 60 Filed: 12/18/2003, Entered: 12/19/2003, Terminated: 12/23/2003 Motion for Extension
MOTION by Kevin A. Soper to Extend Time to complete discovery (clerk)
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Blank 59 Filed: 12/16/2003, Entered: 12/16/2003 OrderCourt Filing
AGREED ORDER dismissing with prejudice, all excessive force claims against defendant A. Stewart only; this ruling shall have no effect on any other remaining claims against defendant Stewart or any other claims against any other defendant, entered 12/15/03 and filed 12/16/03 ( signed by Judge Robert G. Doumar ) Copies Mailed: 12/16/03 [EOD Date: 12/16/03] (jcow)
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Blank 58 Filed: 11/25/2003, Entered: 11/25/2003 Memorandum in Support
MEMORANDUM in support of [57-1] motion to Continue trial by Theresa Fasie, received (jcow)
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Blank 57 Filed: 11/25/2003, Entered: 11/25/2003, Terminated: 3/19/2004 Motion to Continue
MOTION by Theresa Fasie to Continue trial (jcow)
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Blank 56 Filed: 11/10/2003, Entered: 11/12/2003 Answer to Amended Complaint
ANSWER by Theresa Fasie (Attorney Jason E. Dodd, John Andrew Basham) to amended complaint (jcow)
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Blank 55 Filed: 11/10/2003, Entered: 11/12/2003 Remark
Document filed by plaintiff Kevin A. Soper, titled Return on Service from The Marston Agency, Inc. on service of the summons on Theresa Fasie, served 10/20/03 (jcow)
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Blank 54 Filed: 10/31/2003, Entered: 10/31/2003 OrderCourt Filing
ORDER AND OPINION denying [51-1] motion by Rhonda Johnson, Pete Johnson, Robin Quisenberry to sever; granting in part, denying in part [49-1] motion by Officer A. Stewart, Officer C. Pearson, Officer J. Honeycutt to Dismiss; denying [44-1] motion by City of Portsmouth to Dismiss amended complaint; if plaintiff has alleged a separate civil conspiracy claim, the court dismisses such claim, entered and filed 10/31/03 ( signed by Judge Robert G. Doumar ) Copies Mailed: 10/31/03 [EOD Date: 10/31/03] (jcow)
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Blank 53 Filed: 10/28/2003, Entered: 10/28/2003 Memorandum in Opposition
MEMORANDUM by Kevin A. Soper in opposition to [51-1] motion to sever by Rhonda Johnson, Pete Johnson, Robin Quisenberry, received (jcow)
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Blank 52 Filed: 10/28/2003, Entered: 10/28/2003 Remark
Original return on service on Defendant Theresa fasie with summons in a civil action as served by The Marston Agency, filed by plaintiff Kevin A. Soper (jcow)
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Blank 51 Filed: 10/20/2003, Entered: 10/20/2003, Terminated: 10/31/2003 Motion for Miscellaneous Relief
MOTION with Memorandum in Support by Rhonda Johnson, Pete Johnson, Robin Quisenberry to sever (jcow)
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Blank 50 Filed: 10/20/2003, Entered: 10/20/2003 Memorandum in Opposition
MEMORANDUM by Kevin A. Soper in opposition to [49-1] motion by Officer A. Stewart, Officer C. Pearson, Officer J. Honeycutt to Dismiss, received (jcow)
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Blank 49 Filed: 10/6/2003, Entered: 10/6/2003, Terminated: 10/31/2003 Motion to Dismiss
MOTION with Memorandum in Support by Officer A. Stewart, Officer C. Pearson, Officer J. Honeycutt to Dismiss (jcow)
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Blank 48 Filed: 10/6/2003, Entered: 10/6/2003, Terminated: 3/19/2004 Answer to Amended Complaint
ANSWER by Officer A. Stewart to amended complaint (jcow)
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Blank 47 Filed: 10/6/2003, Entered: 10/6/2003, Terminated: 3/19/2004 Answer to Amended Complaint
ANSWER by Officer C. Pearson to amended complaint (jcow)
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Blank 46 Filed: 10/6/2003, Entered: 10/6/2003, Terminated: 3/19/2004 Answer to Amended Complaint
ANSWER by Officer J. Honeycutt to amended complaint (jcow)
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Blank 45 Filed: 10/6/2003, Entered: 10/6/2003 Memorandum in Support
MEMORANDUM in support of [44-1] motion to Dismiss amended complaint by City of Portsmouth, received (jcow)
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Blank 44 Filed: 10/6/2003, Entered: 10/6/2003, Terminated: 10/31/2003 Motion to Dismiss
MOTION by City of Portsmouth to Dismiss amended complaint (jcow)
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Blank 43 Filed: 10/6/2003, Entered: 10/6/2003, Terminated: 3/19/2004 Answer to Amended Complaint
ANSWER by City of Portsmouth to amended complaint (jcow)
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Blank 42 Filed: 10/1/2003, Entered: 10/2/2003 Answer to Amended Complaint
ANSWER by Robin Quisenberry to amended complaint (jcow)
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Blank 41 Filed: 10/1/2003, Entered: 10/2/2003 Answer to Amended Complaint
ANSWER by Pete Johnson to amended complaint (jcow)
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Blank 40 Filed: 10/1/2003, Entered: 10/2/2003 Answer to Amended Complaint
ANSWER by Rhonda Johnson to amended complaint (jcow)
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Blank 39 Filed: 9/23/2003, Entered: 9/24/2003 Amended Complaint
AMENDED COMPLAINT by Kevin A. Soper; amending [39-1] complaint by Kevin A. Soper; jury demand, filed subject to defect, late filing (jcow)
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Blank 38 Filed: 9/12/2003, Entered: 9/12/2003 OrderCourt Filing
Rule 16(b) Scheduling Order: jury trial set 10:00 2/25/04 at Norfolk. Expert witnesses to be identified by 10/27/03; disclosure outlined in Rule 26 (a)(2)(B) by 11/26/03; response to disclosure by 12/23/03; rebuttal by 1/7/04; discovery by plaintiff on or before 12/17/03 and defendants on or before 1/14/04; discovery/deposition in lieu of witness at trial concluded by 1/21/04; pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 1/30/04; objections delivered by 2/4/04; an attorney's conference is set for 1/30/04 at 2:00; a final pretrial conference shall be conducted on 2/9/04 at 2:00; trial by jury has been demanded, proposed voir dire and jury instructions shall be delivered to the clerk by 2/18/04, entered 9/11/03 and filed 9/12/03 ( signed by Judge Robert G. Doumar ) Copies Mailed: 9/12/03 (jcow)
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Blank 37 Filed: 9/11/2003, Entered: 9/11/2003 Minutes-Miscellaneous
Court Proceedings: RGD, USDJ. Penny Wile, OCR. Counsel appeared. Came on for hearing on motions. Argued. Motion to amend granted. Amended complaint to be filed within 11 days. Answer to be filed 11 days thereafter. Motion to dismiss denied. Motion to remand withdrawn. (bwin)
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Blank 36 Filed: 9/11/2003, Entered: 9/11/2003 OrderCourt Filing
ORDER granting [30-1] motion by Kevin A. Soper to Amend complaint; denying [23-1] motion by City of Portsmouth to Dismiss pursuant to Rule 12(b)(6); denying [17-1] motion by Officer A. Stewart, Officer C. Pearson, Officer J. Honeycutt to Dismiss; denying [10-1] motion by City of Portsmouth to Dismiss; plaintiff is ordered to file his amended complaint within 11 days of the date of this order, set Amended Pleadings deadline to 9/22/03 ; and defensive pleadings to the amended complaint are to be filed within 11 days of the date after the amended complaint is filed, entered and filed 9/11/03 ( signed by Judge Robert G. Doumar ) Copies Mailed: 9/11/03 [EOD Date: 9/11/03] (jcow)
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Blank -- Filed: 9/11/2003, Entered: 9/11/2003 Motion Hearing
Motion hearing held re: [30-1] motion by Kevin A. Soper to Amend complaint, [29-1] motion by Kevin A. Soper to withdraw motion to remand, [23-1] motion by City of Portsmouth to Dismiss pursuant to Rule 12(b)(6) (bwin)
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Blank 35 Filed: 9/8/2003, Entered: 9/9/2003 Notice of Hearing.
NOTICE of Hearing: by City of Portsmouth on 9/11/03 at 9:30 on motion to dismiss (jcow)
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Blank 34 Filed: 9/8/2003, Entered: 9/9/2003 Memorandum in Support
MEMORANDUM by City of Portsmouth in support of [30-1] motion to Amend complaint by Kevin A. Soper; [29-1] motion to withdraw motion to remand by Kevin A. Soper, received (jcow)
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Blank -- Filed: 9/3/2003, Entered: 9/3/2003 Summons Issued
SUMMONS with one certified copy issued for Theresa Fasie, mag notice and mailed to counsel (jcow)
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Blank 33 Filed: 9/2/2003, Entered: 9/3/2003 Memorandum in Support
MEMORANDUM by Officer J. Honeycutt, Officer C. Pearson, Officer A. Stewart in response to [29-1] motion to withdraw motion to remand by Kevin A. Soper, received (jcow)
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Blank 32 Filed: 8/28/2003, Entered: 8/28/2003 Notice of Hearing.
NOTICE of Hearing: by defendants Stewart, Pearson and Huneycutt on 9/11/03 at 9:30 on their motion to dismiss (jcow)
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Blank 31 Filed: 8/27/2003, Entered: 8/27/2003 Memorandum in Support
MEMORANDUM in support of [30-1] motion to Amend complaint by Kevin A. Soper, received (jcow)
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Blank 30 Filed: 8/27/2003, Entered: 8/27/2003, Terminated: 9/11/2003 Motion to Amend/Correct
MOTION by Kevin A. Soper to Amend complaint (jcow)
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Blank 29 Filed: 8/27/2003, Entered: 8/27/2003, Terminated: 1/15/2004 Motion for Miscellaneous Relief
MOTION by Kevin A. Soper to withdraw motion to remand (jcow)
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Blank -- Filed: 8/26/2003, Entered: 8/27/2003 Motion Hearing
Motion hearing set, [23-1] motion by City of Portsmouth to Dismiss pursuant to Rule 12(b)(6); [20-1] motion by Kevin A. Soper to Remand; [17-1] motion by Officer A. Stewart, Officer C. Pearson, Officer J. to Dismiss; [10-1] motion by City of Portsmouth to Dismiss set for 9/11/03 at 9:30 before Judge Robert G. Doumar (jcow)
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Blank 28 Filed: 8/14/2003, Entered: 8/14/2003 Memorandum in Opposition
MEMORANDUM by Kevin A. Soper in opposition to [23-1] motion to Dismiss pursuant to Rule 12(b)(6) by City of Portsmouth, received (jcow)
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Blank 27 Filed: 8/7/2003, Entered: 8/8/2003 Memorandum in Opposition
MEMORANDUM by City of Portsmouth in opposition to [20-1] motion to Remand by Kevin A. Soper, received (jcow)
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Blank 26 Filed: 8/7/2003, Entered: 8/8/2003 Memorandum in Opposition
MEMORANDUM by Officer J. Honeycutt, Officer C. Pearson, Officer A. Stewart in opposition to [20-1] motion to Remand by Kevin A. Soper, received (jcow)
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Blank 25 Filed: 8/7/2003, Entered: 8/8/2003 Reply to Response to Motion
REPLY to response to [17-1] motion to Dismiss by Officer A. Stewart, Officer C. Pearson, Officer J. Honeycutt, received (jcow)
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Blank 24 Filed: 8/1/2003, Entered: 8/1/2003 Memorandum in Support
MEMORANDUM in support of [23-1] motion by City of Portsmouth to Dismiss pursuant to Rule 12(b)(6), received. (clerk)
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Blank 23 Filed: 8/1/2003, Entered: 8/1/2003, Terminated: 9/11/2003 Motion to Dismiss
MOTION by City of Portsmouth to Dismiss pursuant to Rule 12(b)(6) (clerk)
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Blank 22 Filed: 7/30/2003, Entered: 7/30/2003 Memorandum in Opposition
MEMORANDUM by Kevin A. Soper in opposition to [17-1] motion to Dismiss by Officer A. Stewart, Officer C. Pearson, Officer J. Honeycutt, received (jcow)
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Blank 21 Filed: 7/25/2003, Entered: 7/25/2003 Memorandum in Support
MEMORANDUM in support of [20-1] motion to Remand by Kevin A. Soper, [20-1] objection to removal by Kevin A. Soper, received (jcow)
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Blank 20 Filed: 7/25/2003, Entered: 7/25/2003, Terminated: 1/15/2004 Motion to Remand
MOTION by Kevin A. Soper to Remand (jcow)
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Blank 20 Filed: 7/25/2003, Entered: 7/25/2003 Objection
OBJECTION by plaintiff Kevin A. Soper to removal (jcow)
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Blank 19 Filed: 7/23/2003, Entered: 7/23/2003 Remark
Consent to removal filed by defendants Robin Quisenberry, Pete Johnson and Rhonda Johnson (jcow)
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Blank 18 Filed: 7/7/2003, Entered: 7/9/2003 Remark
Corrected certificate of service for notice for removal, answers and grounds of defense and motion to dismiss and brief in support filed by defendants Officer J. Honeycutt, Officer C. Pearson, Officer A. Stewart (jcow)
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Blank -- Filed: 6/26/2003, Entered: 6/26/2003 Miscellaneous Document
Magistrate's consent form and other court documents mailed to parties (jcow)
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Blank 17 Filed: 6/25/2003, Entered: 6/26/2003 Motion to Dismiss
MOTION with Memorandum in Support by Officer A. Stewart, Officer C. Pearson, Officer J. Honeycutt to Dismiss (jcow)
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Blank 16 Filed: 6/25/2003, Entered: 6/26/2003 Answer
ANSWER to Complaint by Officer C. Pearson (jcow)
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Blank 15 Filed: 6/25/2003, Entered: 6/26/2003 Answer
ANSWER to Complaint by Officer A. Stewart (jcow)
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Blank 14 Filed: 6/25/2003, Entered: 6/26/2003 Answer
ANSWER to Complaint by Officer J. Honeycutt (jcow)
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Blank 13 Filed: 6/25/2003, Entered: 6/26/2003 Answer
Copy of ANSWER to Complaint by Officer A. Stewart filed in circuit court (jcow)
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Blank 12 Filed: 6/25/2003, Entered: 6/26/2003 Answer
Copy of ANSWER to Complaint by Officer C. Pearson filed in circuit court (jcow)
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Blank 11 Filed: 6/25/2003, Entered: 6/26/2003 Answer
Copy of ANSWER to Complaint by Officer J. Honeycutt filed in circuit court (jcow)
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Blank 10 Filed: 6/25/2003, Entered: 6/26/2003 Motion to Dismiss
Copy of MOTION by City of Portsmouth to Dismiss filed in circuit court (jcow)
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Blank 9 Filed: 6/25/2003, Entered: 6/26/2003 Answer
Copy of ANSWER to Complaint by City of Portsmouth filed in circuit court (jcow)
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Blank 8 Filed: 6/25/2003, Entered: 6/26/2003 Answer
Copy of ANSWER to Complaint by Pete Johnson filed in circuit court (jcow)
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Blank 7 Filed: 6/25/2003, Entered: 6/26/2003 Answer
Copy of ANSWER to Complaint by Rhonda Johnson filed in circuit court (jcow)
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Blank 6 Filed: 6/25/2003, Entered: 6/26/2003 Answer
Copy of ANSWER to Complaint by Robin Quisenberry filed in circuit court (jcow)
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Blank 5 Filed: 6/25/2003, Entered: 6/26/2003 Motion to Strike
Copy of MOTION by Pete Johnson to Strike plaintiff's entire suit filed in circuit court (jcow)
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Blank 4 Filed: 6/25/2003, Entered: 6/26/2003 Motion to Strike
Copy of MOTION by Rhonda Johnson to Strike plaintiff's entire suit filed in circuit court (jcow)
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Blank 3 Filed: 6/25/2003, Entered: 6/26/2003 Motion to Strike
Copy of MOTION by Robin Quisenberry to Strike plaintiff's entire suit filed in circuit court (jcow)
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Blank 2 Filed: 6/25/2003, Entered: 6/26/2003 Notice
Copy of Notice of Removal filed in circuit court by Officer J. Honeycutt, Officer C. Pearson, Officer A. Stewart (jcow)
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Blank 1 Filed: 6/25/2003, Entered: 6/26/2003 Notice of Removal
NOTICE OF REMOVAL from City of Portsmouth Circuit Court by Officer J. Honeycutt, Officer C. Pearson, Officer A. Stewart; FILING FEE $ 150.00 RECEIPT # 39514; jury demand (jcow)
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Blank -- Filed: 6/25/2003, Entered: 6/26/2003 Miscellaneous Document
CASE REFERRED to Magistrate Judge James E. Bradberry (jcow)
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