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Filed: 12/13/2004, Entered: 1/10/2005 |
Notice |
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NOTICE of withdrawal of bill of costs by Mayor E. Dana Dickens III, received. (ariv)
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| 44 |
Filed: 11/22/2004, Entered: 11/24/2004 |
Bill of Costs |
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Bill of costs in the amount of 645.85 by Mayor E. Dana Dickens III (vwar)
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| 43 |
Filed: 11/10/2004, Entered: 11/10/2004 |
Judgment* |
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JUDGMENT on jury verdict that the plaintiff take nothing, that the action be dismissed on the merits, and that the dft., Mayor E. Dana Dickens, III, Individually and in his Official Capacity as the Mayor of the City of Suffolk, Virginia, recover of the ptf., Leroy Schmidt, his costs of action, ent. by Clerk 11/9/04 & filed 11/10/04. Copies Mailed to cnsl. o.b. 11/10/04. [EOD DATE: 11/10/04] (danc)
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| -- |
Filed: 11/10/2004, Entered: 11/10/2004 |
Permanent Record |
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Permanent Record (vwar)
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| -- |
Filed: 11/10/2004, Entered: 11/10/2004 |
Terminated Case |
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Case closed (vwar)
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| 42 |
Filed: 11/9/2004, Entered: 11/10/2004 |
Jury Verdict |
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JURY VERDICT for the dft. Mayor E. Dana Dickens III, filed in open court. (danc)
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| 41 |
Filed: 11/9/2004, Entered: 11/10/2004 |
Minutes-Miscellaneous |
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Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS: HCM, Jr., j; Jody Stewart, OCR. S. Merrill app. on behalf of ptf. & R. McFarland on behalf of dft. Ptf. & dft. pres. Jurors app., rec. court's charge & instructions, & heard closing arguments. Jurors retired to begin deliberations, returning later with verdict: For the defendant. Verdict filed in open court. Jurors exc. subject to call. Court directed Clerk to enter judgment in favor of dft. in accordance with verdict of the jury. (danc)
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| -- |
Filed: 11/9/2004, Entered: 11/9/2004 |
Jury Trial Begun |
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Jury Trial held (danc)
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| 40 |
Filed: 11/8/2004, Entered: 11/8/2004 |
Minutes-Miscellaneous |
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Minute entry: JURY TRIAL PROCEEDINGS: HCM, Jr., j; Jody Stewart, OCR. S. Merrill app. on behalf of ptf. & R. McFarland on behalf of dft. Ptf. & dft. pres. The jury app. as summoned & sworn on voir dire. Twelve (12) jurors were selected & sworn to try the issue. Jurors not selected excused subject to call. Witnesses excluded. Opening statements heard. Juror Abadam excused. Ptf. pres. evidence & rested. Dft's. oral motion for judgment as a matter of law purs. to Rule 56 of FRCvP; argued; DENIED. Dft. pres. evidence & rested. Jurors exc. until 11/9/04 at 10:00 a.m. Dft's. renewed oral motion for judgment as a matter of law; DENIED. Ptf's. motion for directed verdict purs. to Rule 50; DENIED. Court & cnsl. rev. instructions. Parties exc. until 11/9/04 at 10:00 a.m. Adj. (danc)
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Filed: 11/8/2004, Entered: 11/8/2004 |
Jury Trial Begun |
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Jury Trial held (danc)
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| 39 |
Filed: 11/4/2004, Entered: 11/4/2004 |
Order |
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ORDER granting [37-1] motion by Mayor E. Dana Dickens III to Quash Trial Subpoenas, granting [34-1] motion by Deborah George, Linda T. Johnson, Curtis R. Milteer Sr., Erika S. Jenkins, The City of Suffolk to Quash Trial Subpoenas, entered and filed 11/4/04 ( signed by Mag Judge Tommy E. Miller ) Copies Mailed: 11/4/04 [EOD Date: 11/4/04] (vwar)
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| 38 |
Filed: 11/2/2004, Entered: 11/3/2004 |
Transcript |
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TRANSCRIPT OF PROCEEDINGS for dates of 11/1/04 before USDJ Morgan, Jody A. Stewart, OCR. (vwar)
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| 37 |
Filed: 11/2/2004, Entered: 11/3/2004, Terminated: 11/4/2004 |
Motion to Quash |
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MOTION by Mayor E. Dana Dickens III to Quash Trial Subpoenas (vwar)
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| 36 |
Filed: 11/2/2004, Entered: 11/2/2004 |
Notice of Hearing. |
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NOTICE of Hearing: Scheduled for 11/4/04 at 3:00 p.m. on movants' Motion to Quash Trial Subpoenas before USMJ Miller. (vwar)
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Filed: 11/2/2004, Entered: 11/2/2004 |
Motion Hearing |
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Motion hearing for The City of Suffolk, Erika S. Jenkins, Curtis R. Milteer Sr., Linda T. Johnson, Deborah George [34-1] motion by Deborah George, Linda T. Johnson, Curtis R. Milteer Sr., Erika S. Jenkins, The City of Suffolk to Quash Trial Subpoenas set at 3:00 11/4/04 before Mag Judge Tommy E. Miller (vwar)
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| 35 |
Filed: 11/1/2004, Entered: 11/1/2004 |
Memorandum in Support |
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MEMORANDUM by The City of Suffolk, Erika S. Jenkins, Curtis R. Milteer Sr., Linda T. Johnson, Deborah George in of [34-1] motion to Quash Trial Subpoenas, received. (vwar)
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| 34 |
Filed: 11/1/2004, Entered: 11/1/2004, Terminated: 11/4/2004 |
Motion to Quash |
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MOTION by Deborah George, Linda T. Johnson, Curtis R. Milteer Sr., Erika S. Jenkins, The City of Suffolk to Quash Trial Subpoenas (vwar)
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| 33 |
Filed: 11/1/2004, Entered: 11/1/2004 |
Minutes-Miscellaneous |
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Minute entry: COURT PROCEEDINGS: HCM, Jr., j; Jody Stewart, OCR. S. Merrill app. on behalf of ptf. & R. McFarland & K. Zunni app. on behalf of dft. Came on for hrg. on dft's. motion for summary judgment (#22); argued. Motion DENIED. Court's rulings read into record. Court to prepare written opinion explaining in detail its rulings. Court continued jury tril of this cse from Nov. 4 to November 8, 2004, at 10:00 a.m. Adj. (danc)
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Filed: 11/1/2004, Entered: 11/4/2004 |
Set/Reset Deadlines: |
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Deadline updated; reset Trial date for 10:00 11/8/04 before Judge Henry C. Morgan Jr. (vwar)
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Filed: 11/1/2004, Entered: 11/1/2004 |
Motion Hearing |
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Motion hearing held re: [22-1] motion by Mayor E. Dana Dickens III for Summary Judgment by Mayor E. Dana Dickens III (danc)
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Filed: 11/1/2004, Entered: 11/1/2004 |
Proposed Jury Instructions |
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Proposed Jury instructions by Leroy Schmidt (vwar)
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Filed: 10/28/2004, Entered: 11/1/2004 |
Proposed Jury Instructions |
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Proposed Jury instructions by Mayor E. Dana Dickens III (vwar)
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Filed: 10/28/2004, Entered: 11/1/2004 |
Proposed Voir Dire |
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PROPOSED VOIR DIRE by defendant Mayor E. Dana Dickens III (vwar)
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| 32 |
Filed: 10/27/2004, Entered: 10/27/2004 |
Transcript |
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TRANSCRIPT of PROCEEDINGS for dates of 10/18/04, before USMJ Miller, Gloria S. Smith, OCR (vwar)
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| 27 |
Filed: 10/19/2004, Entered: 10/19/2004 |
Order |
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ORDER mooting defendant's motion to quash deposition; granting defendant's motion to quash subpoena duces tecum, entered and filed 10/19/04 ( signed by Mag Judge Tommy E. Miller ) Copies Mailed: 10/19/04 [EOD Date: 10/19/04] (vwar)
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| 31 |
Filed: 10/18/2004, Entered: 10/20/2004 |
Notice of Hearing. |
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NOTICE of Hearing: Scheduled for 11/1/04 at 10:00 a.m. on defendant's motion for summary judgment. (vwar)
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| 30 |
Filed: 10/18/2004, Entered: 10/20/2004 |
Notice of Hearing. |
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NOTICE of Hearing: Scheduled for 10/18/04 at 2:00 p.m. on defendant's motion to quash. (vwar)
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| 29 |
Filed: 10/18/2004, Entered: 10/19/2004 |
Order |
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Final Pretrial Order signed by cnsl. & entered by Judge Henry C. Morgan Jr., filed in open court. (danc)
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| 28 |
Filed: 10/18/2004, Entered: 10/19/2004 |
Minutes-Miscellaneous |
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Minute entry: COURT PROCEEDINGS: HCM, Jr, j; Jody Stewart, OCR. S. Merrill app. on behalf of ptf. & A. Turk on behalf of dft. Came on for Final Pretrial Conference. Pending matters rev. by court & cnsl. Court's rulings read into record. Proposed Final Pretrial Order signed by cnsl. & filed in open court. Dft's. motion for summary judgment is set for Nov. 1, 2004, at 10:00 a.m. Should court determine it does not need oral argument, hrg. will be removed from docket of court & cnsl. will be notified. Adj. (danc)
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| 26 |
Filed: 10/18/2004, Entered: 10/18/2004 |
Minutes-Miscellaneous |
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Minute entry: COURT PROCEEDINGS; TEM,USMJ, Gloria Smith, OCR; Came on for hearing on defendant's motions to quash (#16, 18); Stephen G. Merrill present on behalf of plaintiff. Amy Morrissey Turk present on behalf of defendant. Parties indicate on the record that motion #18 has been withdrawn. Argument presented. Judge made rulings from the bench. Parties withdraw [18-1] motion by Mayor E. Dana Dickens III to Quash Deposition Subpoena of Lieutenant Deborah George, Court grants [16-1] motion by Mayor E. Dana Dickens III to Quash Subpoena Duces Tecum (cdod)
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Filed: 10/18/2004, Entered: 10/20/2004 |
Motion Hearing |
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Motion hearing for Mayor E. Dana Dickens III [22-1] motion by Mayor E. Dana Dickens III for Summary Judgment set at 10:00 11/1/04 before Judge Henry C. Morgan Jr. (vwar)
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Filed: 10/18/2004, Entered: 10/19/2004 |
Minutes-Miscellaneous |
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Final Pretrial Conference Hearing Held. (danc)
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Filed: 10/18/2004, Entered: 10/18/2004 |
Motion Hearing |
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Motion hearing held re: [18-1] motion by Mayor E. Dana Dickens III to Quash Deposition Subpoena of Lieutenant Deborah George by Mayor E. Dana Dickens III, [16-1] motion by Mayor E. Dana Dickens III to Quash Subpoena Duces Tecum by Mayor E. Dana Dickens III (cdod)
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| 25 |
Filed: 10/15/2004, Entered: 10/15/2004 |
Reply to Response to Motion |
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REPLY BRIEF by Mayor E. Dana Dickens III to plaintiff's response to [22-1] motion for Summary Judgment by Mayor E. Dana Dickens III, received. (ariv)
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Filed: 10/14/2004, Entered: 10/15/2004 |
Motion Hearing |
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Motion hearing [18-1] motion by Mayor E. Dana Dickens III to Quash Deposition Subpoena of Lieutenant Deborah George set at 2:00 10/18/04, [16-1] motion by Mayor E. Dana Dickens III to Quash Subpoena Duces Tecum set at 2:00 10/18/04 before Mag Judge Tommy E. Miller (ariv)
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| 24 |
Filed: 10/12/2004, Entered: 10/13/2004 |
Reply to Response to Motion |
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REPLY by Mayor E. Dana Dickens III to response to [22-1] motion by Mayor E. Dana Dickens III for Summary Judgment; received (dken)
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| 23 |
Filed: 10/1/2004, Entered: 10/4/2004 |
Memorandum in Support |
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MEMORANDUM by Mayor E. Dana Dickens III in support of [22-1] motion for Summary Judgment, received. (vwar)
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| 22 |
Filed: 10/1/2004, Entered: 10/4/2004 |
Motion for Summary Judgment |
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MOTION by Mayor E. Dana Dickens III for Summary Judgment (vwar)
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| 21 |
Filed: 9/7/2004, Entered: 9/8/2004 |
Reply to Response to Motion |
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REPLY by Mayor E. Dana Dickens III to response to [18-1] motion to Quash Deposition Subpoena of Lieutenant Deborah George, received. (vwar)
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| 20 |
Filed: 8/31/2004, Entered: 9/1/2004 |
Miscellaneous Document |
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Reply by Leroy Schmidt to [16-1] motion by Mayor E. Dana Dickens III to Quash Subpoena Duces Tecum, received. (vwar)
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| 19 |
Filed: 8/31/2004, Entered: 9/1/2004 |
Memorandum in Support |
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MEMORANDUM by Mayor E. Dana Dickens III in support of [18-1] motion to Quash Deposition Subpoena of Lieutenant Deborah George, received. (vwar)
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| 18 |
Filed: 8/31/2004, Entered: 9/1/2004 |
Motion to Quash |
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MOTION by Mayor E. Dana Dickens III to Quash Deposition Subpoena of Lieutenant Deborah George (vwar)
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Filed: 8/20/2004, Entered: 8/20/2004 |
Set/Reset Deadlines: |
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Deadline updated; Response to Motion reset to 9/2/04 for [16-1] motion by Mayor E. Dana Dickens III to Quash Subpoena Duces Tecum (vwar)
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| 17 |
Filed: 8/19/2004, Entered: 8/20/2004 |
Memorandum in Support |
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MEMORANDUM by Mayor E. Dana Dickens III in support of [16-1] motion to Quash Subpoena Duces Tecum, received. (vwar)
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| 16 |
Filed: 8/19/2004, Entered: 8/20/2004 |
Motion to Quash |
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MOTION by Mayor E. Dana Dickens III to Quash Subpoena Duces Tecum (vwar)
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| 15 |
Filed: 7/9/2004, Entered: 7/9/2004 |
Order |
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ORDER granting defendant's motion to dismiss with respect to the Sec. 1983 claim for infringement of plaintiff's Fourth Amendment rights, the defamation claim and the false arrest claim; denying defendant's motion to dismiss the Sec. 1983 claim for infringement on plaintiff's First Amendment rights, and granting [6-1] motion by Mayor Dana E. Dickens III to Strike [5-1] motion response by Leroy Schmidt, entered 7/8/04, filed 7/9/04 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 7/9/04 [EOD Date: 7/9/04] (vwar)
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| 14 |
Filed: 6/21/2004, Entered: 6/22/2004 |
Minutes-Miscellaneous |
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Minute entry: COURT PROCEEDINGS: HCM, Jr., j; Jody Stewart, OCR. App by S. Merrill on behalf of ptf. & R. McFarland on behalf of dft. Ptf. pres. Came on for hrg. on pending motions; argued. Ptf's. motion to strike (#6); GRANTED. Dft's. motion to dismiss complaint (#3); GRANTED in part as to defamation count; & TAKEN UNDER ADVISEMENT as to three (3) remaining causes of action. Court kept file & will prepare order. (danc)
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Filed: 6/21/2004, Entered: 6/22/2004 |
Motion Hearing |
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Motion hearing held re: [6-1] motion by Mayor Dana E. Dickens III to Strike [5-1] motion response by Leroy Schmidt by Mayor Dana E. Dickens III, [3-1] motion by Mayor Dana E. Dickens III to Dismiss Complaint by Mayor Dana E. Dickens III (danc)
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| 13 |
Filed: 6/2/2004, Entered: 6/2/2004 |
Order |
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Rule 16(b) Scheduling Order: Trial set for 10:00 11/4/04 in Norfolk. Trial by jury has been demanded. Discovery by plaintiff(s) due on or before 8/26/04 and by defendant(s) on or before 9/23/04; final pretrial conference shall be held at 10/18/04 at 2:30; it having been represented by counsel that the proper name of defendant Mayor Dana E. Dickens, III, Individually and in his Official Capacity as the Mayor of the City of Suffolk, Virginia, it is ORDERED that all pleadings be, and they hereby are, changed to indicate the correct name of the defndant; entered 5/27/04; filed 6/2/04; ( signed by Mag Judge Tommy E. Miller ) Copies Mailed: 6/2/04 (vwar) Modified on 06/02/2004
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| 12 |
Filed: 5/27/2004, Entered: 5/27/2004 |
Notice of Hearing. |
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NOTICE of Hearing: Scheduled for 6/21/04 at 2:30 p.m. on defendant's motion to dismiss and motion to strike, before USDJ Morgan. (vwar)
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| 11 |
Filed: 5/27/2004, Entered: 5/27/2004 |
Consent to Jurisdiction by U.S. Magistrate Judge |
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CONSENT to trial by Magistrate by Mayor Dana E. Dickens III (vwar)
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Filed: 5/27/2004, Entered: 6/2/2004 |
Pretrial Conference - Final |
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Pre-Trial Conference held (vwar)
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Filed: 5/26/2004, Entered: 5/26/2004 |
Motion Hearing |
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Motion hearing for Mayor Dana E. Dickens III [6-1] motion by Mayor Dana E. Dickens III to Strike [5-1] motion response by Leroy Schmidt set at 2:30 6/21/04, [3-1] motion by Mayor Dana E. Dickens III to Dismiss Complaint set at 2:30 6/21/04 before Judge Henry C. Morgan Jr. (vwar)
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| 10 |
Filed: 5/10/2004, Entered: 5/11/2004 |
Rebuttal Brief |
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Rebuttal Brief [6-1] motion by Mayor Dana E. Dickens III to Strike [5-1] motion response by Leroy Schmidt, received. (vwar)
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| 9 |
Filed: 5/4/2004, Entered: 5/5/2004 |
Order |
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26(f) Order: 16(b) scheduling conference set 1:00 p.m. on 5/27/04; entered: 5/4/04; filed: 5/4/04; (Signed by Mag Judge Tommy E. Miller) Copies Mailed: 5/5/04 (lbax)
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| 8 |
Filed: 5/4/2004, Entered: 5/4/2004, Terminated: 11/10/2004 |
Response to Motion |
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RESPONSE by Leroy Schmidt to [6-1] motion by Mayor Dana E. JDickens III to Strike [5-1] motion response by Leroy Schmidt, received. (vwar)
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| 7 |
Filed: 5/4/2004, Entered: 5/4/2004 |
Memorandum in Support |
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MEMORANDUM in support of by Mayor Dana E. Dickens III [6-1] motion to Strike [5-1] motion response by Leroy Schmidt, received. (vwar)
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| 6 |
Filed: 5/4/2004, Entered: 5/4/2004, Terminated: 7/9/2004 |
Motion to Strike |
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MOTION by Mayor Dana E. Dickens III to Strike [5-1] motion response by Leroy Schmidt (vwar)
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Filed: 5/4/2004, Entered: 5/4/2004 |
Miscellaneous Document |
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Referred for 16(b) Conference (vwar)
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Filed: 5/4/2004, Entered: 5/4/2004 |
Set/Reset Deadlines: |
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Deadline updated; Response to Motion reset to 5/18/04 for [6-1] motion by Mayor Dana E. Dickens III to Strike [5-1] motion response by Leroy Schmidt (vwar)
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| 5 |
Filed: 5/3/2004, Entered: 5/3/2004, Terminated: 7/9/2004 |
Response to Motion |
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RESPONSE by Leroy Schmidt to [3-1] motion by Mayor Dana E. Dickens III to Dismiss Complaint, received (late). (vwar) Modified on 05/03/2004
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| 4 |
Filed: 4/14/2004, Entered: 4/15/2004 |
Memorandum in Support |
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MEMORANDUM in support of by Mayor Dana E. Dickens III [3-1] motion to Dismiss Complaint, received. (vwar)
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| 3 |
Filed: 4/14/2004, Entered: 4/15/2004 |
Motion to Dismiss |
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MOTION by Mayor Dana E. Dickens III to Dismiss Complaint (vwar)
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Filed: 4/14/2004, Entered: 4/15/2004 |
Set/Reset Deadlines: |
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Deadline updated; Response to Motion reset to 4/28/04 for [3-1] motion by Mayor Dana E. Dickens III to Dismiss Complaint (vwar)
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| 2 |
Filed: 4/5/2004, Entered: 4/6/2004 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Mayor Dana E. Dickens III 3/25/04 Answer due on 4/14/04 for Mayor Dana E. Dickens III (vwar)
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Filed: 3/22/2004, Entered: 3/22/2004 |
Summons Issued |
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SUMMONS, with one copy, issued for Mayor Dana E. Dickens III, with Mag./Fin. Discl. info and mailed to counsel (received corrected summons on 3/22/04). (vwar)
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Filed: 3/18/2004, Entered: 3/18/2004 |
Case Assigned/Reassigned |
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CASE reassigned to Judge Henry C. Morgan Jr. (vwar)
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| 1 |
Filed: 3/17/2004, Entered: 3/18/2004 |
Complaint |
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COMPLAINT Filing Fee $150.00; Receipt #42895; jury demand (vwar)
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Filed: 3/17/2004, Entered: 4/6/2004 |
Set/Clear Flags |
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Jury Trial Flag (vwar)
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Filed: 3/17/2004, Entered: 3/18/2004 |
Miscellaneous Document |
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CASE REFERRED to Mag Judge Tommy E. Miller (vwar)
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