Long v. Denny's Restaurant

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:04-cv-00435-WDK-FBS
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Summary

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Parties
No Logo Russell L. Long, Plaintiff
v.
No Logo Denny's Restaurants, Inc., Defendant
Officially listed as "Denny's Restaurants, Incorporated"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Devon Williams Cushman +1 804 771 9548

Represented by Bucci & Dix LLC

Name Phone Fax E-Mail
Space Mark Dennis Dix +1 804 888 9500 +1 804 888 9507 mdix@buccidix.com

Represented by Morris & Morris, PC

Name Phone Fax E-Mail
Space Donald Cameron Beck, Jr. +1 804 344 8300 cbeck@morrismorris.com
Other Parties
No Logo Denny's Restaurants, Inc., Third Party Plaintiff
Officially listed as "Denny's Restaurants, Incorporated"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Devon Williams Cushman +1 804 771 9548

Represented by Bucci & Dix LLC

Name Phone Fax E-Mail
Space Mark Dennis Dix +1 804 888 9500 +1 804 888 9507 mdix@buccidix.com

Represented by Morris & Morris, PC

Name Phone Fax E-Mail
Space Donald Cameron Beck, Jr. +1 804 344 8300 cbeck@morrismorris.com
Attributes
Office Norfolk
Filed 7/20/2004
Jury Demand None
Demand $1000000
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity-Personal Injury
Jurisdiction Diversity
Disposition Dismissed - Settled
County Virginia Beach City
Terminated 9/9/2005
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 29 Filed: 9/9/2005, Entered: 9/9/2005 Order Dismissing CaseCourt Filing
AGREED ORDER DISMISSING CASE with prejudice. Signed by Judge Walter D. Kelley Jr. on 9/8/05 and filed 9/9/05. Copies mailed: 9/9/05 (jcow, )
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Blank 28 Filed: 8/5/2005, Entered: 8/10/2005 Order on Motion for Miscellaneous ReliefCourt Filing
ORDER granting [19] Motion to enforce Settlement Agreement, and directing counsel to submit an appropriate dismissal order . Signed by Judge Walter D. Kelley Jr. on 08/05/05 and filed 8/5/05. Copies mailed on 8/8/05. (ecav, )
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Blank 27 Filed: 8/4/2005, Entered: 8/5/2005 Terminate Deadlines and HearingsCourt Filing
Minute Entry for proceedings held before Judge Walter D. Kelley Jr.: Motion/Evidentiary hearing held on 8/4/2005 re [19] MOTION to enforce settlement agreement filed by Denny's Restaurants, Incorporated. Plaintiff appeared pro se. Mark D. Dix appeared on behalf of defendant. Argument heard on whether Cheryl Footman-Banks, plaintiff's former counsel, had authority to settle this case on behalf of the Plaintiff. Argument heard on striking Plaintiff's "Bench Memorandum" from the record. Court ruled that any part of the memorandum referring to the amount of the settlement would be redacted. Argument and evidence presented. Rebuttal and final arguments heard. Court finds that Ms. Footman-Banks did have the authority to negotiate a settlement for the Plaintiff. The Court GRANTS the Motion to enforce the settlement. Court directed counsel to submit an agreed order dismissing the case once the Plaintiff receives his settlement. Court to prepare order granting the motion. (Court Reporter Penny Wile.) (lbax)
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Blank 26 Filed: 8/3/2005, Entered: 8/3/2005 Memorandum in Opposition
Memorandum in Opposition re [19] MOTION enforce settlement agreement by Russell L. Long, received 8/3/05. (ecav, )
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Blank 25 Filed: 8/1/2005, Entered: 8/1/2005 Memorandum in Support
Memorandum in Support re [19] MOTION enforce settlement agreement filed by Denny's Restaurants, Incorporated. (ecav, )
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Blank 24 Filed: 7/21/2005, Entered: 7/22/2005 Notice of Hearing on Motion
NOTICE of Hearing on [19] MOTION to enforce settlement agreement: Motion Hearing set for 8/4/2005, 10:30 AM before Honorable District Walter D. Kelley Jr.. (lbax)
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Blank 23 Filed: 7/21/2005, Entered: 7/21/2005 OrderCourt Filing
AGREED ORDER that Cheryl D. Footman-Banks, Esq. is permitted to withdraw as counsel of record for the plaintiff Russell L. Long. Signed by Judge Walter D. Kelley Jr. and filed on 7/21/05. Copies mailed: 7/21/05(jcow, )
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Blank 22 Filed: 7/1/2005, Entered: 7/11/2005 TranscriptCourt Filing
TRANSCRIPT of Proceedings held on 6/27/05 before District Judge Kelley. Court Reporter: Penny Wile, OCR. (arou)
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Blank 21 Filed: 6/27/2005, Entered: 6/27/2005 Motion HearingCourt Filing
Minute Entry for proceedings held before Judge Walter D. Kelley Jr.: Motion Hearing held on 6/27/2005 re [19] MOTION enforce settlement agreement filed by Denny's Restaurants, Incorporated. Counsel appeared. Arguments heard. Statement made by defendant. Court directed Ms. Footman-Banks prepare order allowing her to withdraw as counsel. Plaintiff to retain new counsel and contact Cathy Eichelbaum within two weeks to schedule evidentiary hearing. (Court Reporter Penny Wile, OCR.) (borg, )
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Blank 20 Filed: 6/9/2005, Entered: 6/10/2005 Notice
NOTICE of hearing on motion to enforce settlement agreement, by Denny's Restaurants, Incorporated (ariv, )
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Blank -- Filed: 6/7/2005, Entered: 6/8/2005 set motion and R&R; deadlines/hearings
Set/Reset Deadlines as to [19] MOTION enforce settlement agreement. Motion Hearing set for 6/27/2005 11:30 AM before Honorable District Walter D. Kelley Jr. (ariv, )
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Blank -- Filed: 6/6/2005, Entered: 6/6/2005 Motions Referred
MOTION [19] MOTION enforce settlement agreement REFERRED to Judge The Honorable Walter D. Kelley, Jr. for decision. (ariv, )
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Blank 19 Filed: 5/18/2005, Entered: 5/18/2005, Terminated: 8/5/2005 Motion for Miscellaneous Relief
MOTION, with memorandum in support, to enforce settlement agreement, by Denny's Restaurants, Incorporated. (ariv, )
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Blank -- Filed: 5/18/2005, Entered: 5/18/2005 set motion and R&R; deadlines/hearings
Set/Reset Deadlines as to [19] MOTION enforce settlement agreement. Responses due by 5/31/2005 (ariv, )
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Blank 18 Filed: 4/29/2005, Entered: 4/29/2005 OrderCourt Filing
ORDER granting [16-1] motion by Denny's Restaurant for Rule 35 examination of plaintiff, directing plaintiff to submit to a mental examination pursuant to Rule 35 FRCivP, with Jerome S. Blackman, M.D., on 5/10/05 at 11:15 AM; granting [16-2] motion by Denny's Restaurant to enlarge defendant's expert identification deadline, and allowing defendant until 5/24/05 to file Dr. Blackman's report, agreed, entered and filed 4/29/05, ( signed by Mag Judge F. B. Stillman ) Copies Mailed: 4/29/05 [EOD Date: 4/29/05] (ariv)
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Blank 17 Filed: 4/21/2005, Entered: 4/22/2005 Memorandum in Support
MEMORANDUM by Denny's Restaurant in support of [16-1] motion by Denny's Restaurant for Rule 35 examination of plaintiff, and [16-2] motion by Denny's Restaurant to enlarge defendant's expert identification deadline, received (mwin)
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Blank 16 Filed: 4/21/2005, Entered: 4/22/2005, Terminated: 4/29/2005 Motion for Miscellaneous Relief
MOTION by Denny's Restaurant for Rule 35 examination of plaintiff , and by Denny's Restaurant to enlarge defendant's expert identification deadline (mwin)
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Blank 15 Filed: 4/4/2005, Entered: 4/6/2005 OrderCourt Filing
ORDER directing Clerk to send documents subpoenaed to counsel for defendant unless within 10 days next after the date of this order, counsel for plaintiff file an objection (see order for specifics), entered and filed 4/4/05 ( signed by Mag Judge F. B. Stillman ) Copies Mailed: 4/4/05 [EOD Date: 4/6/05] (vwar)
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Blank 14 Filed: 1/6/2005, Entered: 1/7/2005 OrderCourt Filing
Rule 16(b) Scheduling Order: Trial set for 10:00 6/27/05 in Norfolk. Trial by jury has not been demanded. Discovery by plaintiff(s) due on or before 4/18/05 and by defendant(s) on or before 5/16/05; final pretrial conference shall be held at 1:00 p.m. on 6/17/05; entered 1/6/05; filed 1/6/05; ( signed by Mag Judge F. B. Stillman ) Copies Mailed: 1/7/05 (they)
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Blank 13 Filed: 12/7/2004, Entered: 12/8/2004 OrderCourt Filing
26(f) Order: 16(b) scheduling conference set 9:30 1/6/05 ; entered: 12/7/04; filed: 12/7/04; ( signed by Mag Judge F. B. Stillman ) Copies Mailed: 12/7/04 (ariv)
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Blank 12 Filed: 12/3/2004, Entered: 12/3/2004 Answer
ANSWER to Complaint by Denny's Restaurant (Attorney D. Cameron Beck, Jr. and Mark D. Dix) (they)
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Blank 11 Filed: 11/24/2004, Entered: 11/29/2004 OrderCourt Filing
ORDER denying [2-1] motion by Denny's Restaurant to Dismiss, Dismissing by agreement of the parties Maryland and Virginia Milk Producers Cooperative Association, Inc., d/b/a Marva Maid Dairy as a party defendant ent. and filed 11/24/04 (signed by Judge Walter D. Kelley Jr. ) Copies Mailed: 11/24/04 [EOD Date: 11/29/04] (they)
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Blank 10 Filed: 11/23/2004, Entered: 11/23/2004 Minutes-Miscellaneous
COURT PROCEEDINGS: RAJ, USDJ. Penny Wile, OCR. Counsel appeared. Matter came on for hearing on defendant's motion to dismiss. Argument of counsel heard. Court stated its findings in the record, DENYING the motion to dismiss the claim for punitive damages. Court cautioned counsel re: the scope of discovery. Court to prepare an order. Court adjourned. (rlam)
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Blank -- Filed: 11/23/2004, Entered: 11/23/2004 Motion Hearing
Motion hearing held re: [2-1] motion by Denny's Restaurant to Dismiss by Denny's Restaurant (rlam)
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Blank -- Filed: 11/22/2004, Entered: 11/22/2004 Motion Hearing
Motion hearing [2-1] motion by Denny's Restaurant to Dismiss set at 9:00 11/23/04 before Judge Walter D. Kelley Jr. (mwin)
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Blank 9 Filed: 11/12/2004, Entered: 11/16/2004 Notice of Hearing.
NOTICE of Hearing by defendant on Motion to Dismiss (arou)
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Blank 8 Filed: 11/1/2004, Entered: 11/2/2004 OrderCourt Filing
ORDER granting joint motion of the parties for an enlargement of time for filing responsive briefs to motions to dismiss; entered and filed 11/1/04 (Signed by Judge Walter D. Kelley Jr.) Copies Mailed: 11/1/04 [EOD Date: 11/2/04] (they) Modified on 11/18/2004
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Blank -- Filed: 9/15/2004, Entered: 9/15/2004 Case Assigned/Reassigned
CASE reassigned to Judge Walter D. Kelley Jr. (ariv)
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Blank 7 Filed: 8/20/2004, Entered: 8/23/2004 Reply to Response to Motion
REPLY by Denny's Restaurant to response to [2-1] motion by Denny's Restaurant to Dismiss, received (Late) (lbax)
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Blank 6 Filed: 8/11/2004, Entered: 8/11/2004 Response to Motion
RESPONSE by Russell L. Long to [2-1] motion by Denny's Restaurant to Dismiss, received (Untimely) (lbax) Modified on 08/11/2004
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Blank 5 Filed: 8/11/2004, Entered: 8/11/2004 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Denny's Restaurant (lbax)
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Blank -- Filed: 8/11/2004, Entered: 8/11/2004 Set/Reset Deadlines:
Reply Response Motion Deadline 8/19/04 (lbax)
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Blank -- Filed: 7/22/2004, Entered: 7/22/2004 Miscellaneous Document
Magistrate's consent form notice, order, and motion procedures mailed to Plaintiff (lbax)
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Blank -- Filed: 7/22/2004, Entered: 7/22/2004 Summons Issued
SUMMONS(ES) and copy issued for Maryland w/Notice, Order and motion procedures (mailed to counsel) (lbax)
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Blank 4 Filed: 7/21/2004, Entered: 7/21/2004 Third-Party Complaint
THIRD-PARTY COMPLAINT by Denny's Restaurant against Maryland (lbax)
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Blank 3 Filed: 7/20/2004, Entered: 7/20/2004 Memorandum in Support
MEMORANDUM by Denny's Restaurant in support of [2-1] motion by Denny's Restaurant to Dismiss, received (lbax)
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Blank 2 Filed: 7/20/2004, Entered: 7/20/2004, Terminated: 11/24/2004 Motion to Dismiss
MOTION by Denny's Restaurant to Dismiss (lbax)
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Blank 1 Filed: 7/20/2004, Entered: 7/20/2004 Remark
Copies of Motion for Judgment, grounds of defense, and demurrer filed by defendant Denny's Restaurant re [1-1] removal notice by Denny's Restaurant (lbax)
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Blank 1 Filed: 7/20/2004, Entered: 7/20/2004 Notice of Removal
NOTICE OF REMOVAL from Virginia Beach Circuit Court by Denny's Restaurant; FILING FEE $150.00; RECEIPT #44352 (lbax) Modified on 07/20/2004
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Blank -- Filed: 7/20/2004, Entered: 7/20/2004 Set/Reset Deadlines:
Response Motion Deadline 8/2/04 (lbax)
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Blank -- Filed: 7/20/2004, Entered: 7/20/2004 Miscellaneous Document
CASE REFERRED to Mag Judge F. B. Stillman (lbax)
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