Schatzhuber, et al v. Bailey, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:03-cv-00600-JBF-TEM
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Summary

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Parties
No Logo Albert M. Schatzhuber, Sr., Plaintiff

Represented by Jeremiah A. Denton , III

Name Phone Fax E-Mail
Space Jeremiah Andrew Denton, IV +1 757 340 3232 +1 757 340 4505 jake@jeremiahdenton.com
No Logo Evelyn Schatzhuber, Plaintiff

Represented by Jeremiah A. Denton , III

Name Phone Fax E-Mail
Space Jeremiah Andrew Denton, IV +1 757 340 3232 +1 757 340 4505 jake@jeremiahdenton.com
v.
No Logo Garland K. Bailey, 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
Attributes
Office Norfolk
Filed 8/19/2003
Jury Demand Plaintiff
Demand $1000000
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Dismissed - Other
County Chesapeake City
Terminated 7/26/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, PROTO
Timeline
  Entries (50) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 34 Filed: 7/26/2004, Entered: 7/26/2004 Judgment*
JUDGMENT on decision by the Court GRANTING defendant's motion for summary judgment; entered and filed 7/26/04; ob. Copies Mailed: 7/26/04 [EOD DATE: 7/26/04] (dken)
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Blank 33 Filed: 7/26/2004, Entered: 7/26/2004 OrderCourt Filing
ORDER GRANTING [16-1] motion by Garland K. Bailey for Summary Judgment; entered and filed 7/26/04; (signed by Judge Jerome B. Friedman ) Copies Mailed: 7/26/04 [EOD Date: 7/26/04] (dken)
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Blank -- Filed: 7/26/2004, Entered: 7/26/2004 Disposable Record
Disposable Record (dken)
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Blank -- Filed: 7/26/2004, Entered: 7/26/2004 Terminated Case
Case closed (dken)
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Blank 32 Filed: 6/30/2004, Entered: 6/30/2004 OrderCourt Filing
AGREED ORDER CONTINUING jury trial in this matter to 10/12/04 @ 10:00 a.m., further ORDERING that the deadline for taking witness testiony by deposition for use at trial is EXTENDED to 9/21/04; entered and filed 6/30/04; (signed by Judge Jerome B. Friedman ) Copies Mailed: 6/30/04 [EOD Date: 6/30/04] (dken)
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Blank 31 Filed: 6/14/2004, Entered: 6/16/2004 OrderCourt Filing
AGREED ORDER that defendant Bailey's brief in support of admission of medical examiner's narrative report is deemed filed; entered and filed 6/14/04; (signed by Judge Jerome B. Friedman ) Copies Mailed: 6/15/04 [EOD Date: 6/16/04] (dken)
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Blank -- Filed: 6/7/2004, Entered: 6/7/2004 Set/Reset Deadlines:
Deadline updated; reset Jury Trial for 10/12/04 @ 10:00 a.m. before Judge Jerome B. Friedman (dken)
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Blank 30 Filed: 5/13/2004, Entered: 5/13/2004 Memorandum in Support
MEMORANDUM in support of eveidence of intoxication and possession of drugs and drug paraphernalia by Garland K. Bailey; per court order; received (dken)
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Blank 29 Filed: 5/13/2004, Entered: 5/13/2004 Response
Response per court order by Albert M. Schatzhuber Sr., Evelyn Schatzhuber to Defendants' motion in limine; received (dken)
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Blank 28 Filed: 5/13/2004, Entered: 5/13/2004 Memorandum in Support
MEMORANDUM in support of [27-1] motion by Evelyn Schatzhuber, Albert M. Schatzhuber Sr. in limine; received (dken)
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Blank 27 Filed: 5/13/2004, Entered: 5/13/2004, Terminated: 7/26/2004 Motion in Limine
MOTION by Evelyn Schatzhuber, Albert M. Schatzhuber Sr. in limine (dken)
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Blank 26 Filed: 4/29/2004, Entered: 4/29/2004 Minutes-Miscellaneous
Minute entry: COURT PROCEEDINGS: JBF, judge. Sue Ash, OCR. Counsel appeared. Matter came on for hearing on motion for s/j and motion in limine. Argued. Court takes under advisement. Counsel to file simultaneous briefs re issue of decedent's use of drugs and alcohol by May 13, 2004. Court directed that the trial set on May 5, 2004 be taken off the docket and to be rescheduled.
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Blank -- Filed: 4/29/2004, Entered: 4/29/2004 Motion Hearing
Motion hearing held re: [17-1] motion by Garland K. Bailey in limine by Garland K. Bailey, [16-1] motion by Garland K. Bailey for Summary Judgment by Garland K. Bailey
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Blank -- Filed: 4/28/2004, Entered: 4/29/2004 Proposed Jury Instructions
Proposed Jury instructions and proposed voir dire by Garland K. Bailey (dken)
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Blank -- Filed: 4/28/2004, Entered: 4/29/2004 Proposed Jury Instructions
Proposed Jury instructions and proposed voir dire by Albert M. Schatzhuber Sr., Evelyn Schatzhuber (dken) Modified on 04/29/2004
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Blank 25 Filed: 4/23/2004, Entered: 4/23/2004 NoticeCourt Filing
NOTICE of Hearing on Motions for Summary Judgment and in LImine by Garland K. Bailey; set for 4/29/04 @ 2:30 p.m. before Judge Friedman (dken)
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Blank 24 Filed: 4/21/2004, Entered: 4/21/2004 Notice of Hearing.Court Filing
NOTICE of Hearing: defendant Bailey's Motion for Summary Judgment set for 4/29/04 @ 2:30 p.m. before Judge Friedman (dken)
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Blank -- Filed: 4/20/2004, Entered: 4/21/2004 Motion Hearing
Motion hearing for Garland K. Bailey [17-1] motion by Garland K. Bailey in limine set at 2:30 4/29/04, [16-1] motion by Garland K. Bailey for Summary Judgment set at 2:30 4/29/04 before Judge Jerome B. Friedman (dken)
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Blank 23 Filed: 4/16/2004, Entered: 4/16/2004 OrderCourt Filing
FINAL PRETRIAL ORDER; parties to file briefs 4/30/04 on issue of decedent's use of drugs and alcohol; entered in presence of counsel 4/16/04; filed 4/16/04 (signed by Mag Judge Tommy E. Miller) (mwin)
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Blank -- Filed: 4/16/2004, Entered: 4/16/2004 Pretrial Conference - Final
Final Pre-Trial Conference held before Mag. Judge Tommy E. Miller (mwin)
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Blank 22 Filed: 4/15/2004, Entered: 4/15/2004 Reply to Response to Motion
REPLY by Garland K. Bailey to response to [17-1] motion by Garland K. Bailey in limine, received. (clerk)
LREF
Blank 21 Filed: 4/15/2004, Entered: 4/15/2004 Affidavit
AFFIDAVIT of William Conrod in support of [19-1] opposition memorandum by Evelyn Schatzhuber, Albert M. Schatzhuber Sr. (clerk)
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Blank 20 Filed: 4/14/2004, Entered: 4/14/2004 Reply to Response to Motion
REPLY by Garland K. Bailey to response to [16-1] motion by Garland K. Bailey for Summary Judgment, received (lbax)
LREF
Blank 19 Filed: 4/12/2004, Entered: 4/12/2004 Memorandum in Opposition
MEMORANDUM by Albert M. Schatzhuber Sr., Evelyn Schatzhuber in opposition to [16-1] motion by Garland K. Bailey for Summary Judgment, received (Note: Certain exhibits placed under seal pursuant to existing protective order, per counsel) (mwin)
LREF
Blank 18 Filed: 4/12/2004, Entered: 4/12/2004 Memorandum in Opposition
MEMORANDUM by Albert M. Schatzhuber Sr., Evelyn Schatzhuber in opposition to [17-1] motion by Garland K. Bailey in limine, received (mwin)
LREF
Blank -- Filed: 4/12/2004, Entered: 4/12/2004 Set/Reset Deadlines:
Deadline updated; Reply to Response to Motion set to 4/15/04 for [17-1] motion by Garland K. Bailey in limine, set to 4/15/04 for [16-1] motion by Garland K. Bailey for Summary Judgment (delivered 4/12/04) (mwin)
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Blank 17 Filed: 4/1/2004, Entered: 4/2/2004 Motion in Limine
MOTION with memorandum in support by Garland K. Bailey in limine (dken) Modified on 04/15/2004
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Blank 16 Filed: 3/30/2004, Entered: 3/30/2004, Terminated: 7/26/2004 Motion for Summary Judgment
MOTION with Memorandum in Support by Garland K. Bailey for Summary Judgment (dken)
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Blank 15 Filed: 1/12/2004, Entered: 1/14/2004 Pretrial OrderCourt Filing
Protective Order setting forth terms and conditions for production, etc. of confidential documents; see order for specifics; entered 1/11/04, filed 1/12/04; (signed by Magistrate Judge Tommy E. Miller) Copies Mailed 1/14/04 (dken)
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Blank -- Filed: 1/12/2004, Entered: 1/14/2004 Set/Clear Flags
**Set Protective Order Flag. (dken)
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Blank 14 Filed: 12/10/2003, Entered: 12/10/2003 OrderCourt Filing
ORDER granting in part, denying in part [9-1] motion by Garland K. Bailey for Protective Order; directing that certain changes be made and directing defendant to promptly present the modified order; entered and filed 12/10/03; (signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 12/10/03 [EOD Date: 12/10/03] (dken)
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Blank 13 Filed: 12/8/2003, Entered: 12/8/2003 Minutes-Miscellaneous
Minute entry: COURT PROCEEDING; (TEM, USMJ) (Sue Ash, O.F.R.) Appearing on behalf of the pltfs was Jeremiah A. Denton, III, Esq. Appearing on behalf of the deft was James A. Cales, III. Matter came before the court on motion for protective order by deft. Arguments heard. Court granted defts motion. Court to submit order. (nlyt)
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Blank -- Filed: 12/8/2003, Entered: 12/8/2003 Motion Hearing
Motion hearing held re: [9-1] motion by Garland K. Bailey for Protective Order by Garland K. Bailey (nlyt)
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Blank 12 Filed: 12/5/2003, Entered: 12/5/2003 Reply to Response to Motion
REPLY by Garland K. Bailey to response to [9-1] motion for Protective Order; received (dken)
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Blank 11 Filed: 11/28/2003, Entered: 11/28/2003, Terminated: 7/26/2004 Response to Motion
RESPONSE by Albert M. Schatzhuber Sr., Evelyn Schatzhuber to [9-1] motion for Protective Order by Garland K. Bailey; received (dken)
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Blank 10 Filed: 11/21/2003, Entered: 11/24/2003 Notice of Hearing.
NOTICE of Hearing: motion for protective order by defendant. (clerk)
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Blank -- Filed: 11/19/2003, Entered: 11/21/2003 Motion Hearing
Motion hearing for Garland K. Bailey [9-1] motion by Garland K. Bailey for Protective Order set at 11:00 12/8/03 before Magistrate Judge Tommy E. Miller (dken)
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Blank 9 Filed: 11/18/2003, Entered: 11/18/2003, Terminated: 12/10/2003 Motion for Protective Order
MOTION with Memorandum in Support by Garland K. Bailey for Protective Order (dken)
LREF
Blank 8 Filed: 10/22/2003, Entered: 10/24/2003 OrderCourt Filing
ORDER granting [4-1] motion by Garland Bailey to Dismiss portions of complaint claiming causes of action under the Eighth and Fourteenth Amendments and those claims presented against the defendant in his official capacity; entered 10/21/03 and filed 10/22/03 (signed by Judge Jerome B. Friedman ) Copies Mailed: 10/23/03 [EOD Date: 10/24/03] (dken)
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Blank 7 Filed: 10/21/2003, Entered: 10/22/2003 Order
Rule 16(b) Scheduling Order: Jury Trial set for 10:00 on 5/5/04 at Norfolk. Expert witnesses to be identified by 1/5/04; disclosure outlined in Rule 26 (a)(2)(B) by 2/5/04; response to such disclosure by 3/5/04; rebuttal by 3/22/04; discovery by plaintiff(s) on or before 2/25/04 and defendant(s) on or before 3/24/04; discovery/deposition in lieu of witness at trial concluded by 3/31/04; pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 4/9/04; objections delivered by 4/14/04; an conference is set for 4/9/04 @ 2:00 p.m.; a final pretrial conference shall be conducted on 4/16/04 @ 10:30 a.m.; trial by jury has been demanded; proposed voir dire and jury instructions shall be delivered to the Clerk on or before 4/28/04; entered 10/21/03 filed 10/21/03; (signed by Magistrate Tommy E. Miller ) Copies Mailed: 10/22/03 (dken)
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Blank -- Filed: 10/21/2003, Entered: 10/22/2003 Discovery Hearing
16(b) Conference held (dken)
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Blank 6 Filed: 10/7/2003, Entered: 10/7/2003 OrderCourt Filing
ORDER substituting Officer Garland K. Bailey in his individual capacity as Defendant for "One Unknown City of Chesapeake, Virginia, Police Officer, a/k/a Officer Doe"; entered and filed 10/07/03; (signed by Judge Jerome B. Friedman) Copies Mailed: 10/07/03 [EOD Date: 10/7/03] (dken)
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Blank 5 Filed: 10/1/2003, Entered: 10/2/2003 OrderCourt Filing
ORDER: 26(f) attorneys' conference set 10/14/03 @ 2:00 p.m. 16(b) scheduling conference set 8:45 10/21/03 initial disclosure 11/04/03 no party required to respond to discovery sooner than 11/17/03 entered 10/01/03 and filed 10/01/03 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 10/02/03 (dken)
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Blank 4 Filed: 9/12/2003, Entered: 9/12/2003, Terminated: 10/22/2003 Motion to Dismiss
MOTION by One Unknown to Dismiss (dken)
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Blank 3 Filed: 9/12/2003, Entered: 9/12/2003, Terminated: 7/26/2004 Answer
ANSWER to Complaint by One Unknown (Attorney Alan Brody Rashkind) (dken)
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Blank -- Filed: 9/12/2003, Entered: 9/12/2003 Miscellaneous Document
Referred for 16(b) Conference (dken)
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Blank 2 Filed: 8/28/2003, Entered: 8/28/2003 Summons Returned Executed
SUMMONS Returned Executed as to One Unknown 8/25/03 Answer due on 9/15/03 for One Unknown (dken)
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Blank -- Filed: 8/21/2003, Entered: 8/21/2003 Summons Issued
SUMMONS (original and one certified copy) issued for One Unknown City of Chesapeake Virginia Police Officer; mag notice/financial disclosure notice; motion/order procedures mailed to counsel (dken)
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Blank -- Filed: 8/21/2003, Entered: 8/21/2003 Miscellaneous Document
CASE REFERRED to Magistrate Judge Tommy E. Miller (dken)
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Blank 1 Filed: 8/19/2003, Entered: 8/21/2003 Complaint
COMPLAINT; Filing Fee $150.00; Receipt #40273; jury demand (dken)
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