Cullipher, et al v. The City of Hampton, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:04-cv-00563-HCM-FBS
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Parties
No Logo Linda Cullipher, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Cynthia Louise Ewing +1 757 366 9299
Space Johnnie Warren Tomlin +1 757 497 3419

Represented by Sykes Bourdon Ahern & Levy, PC

Name Phone Fax E-Mail
Space Lawrence Steven Emmert +1 757 499 8971 emmert@virginia-appeals.com
No Logo Ricky Miles Cullipher, Sr., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Cynthia Louise Ewing +1 757 366 9299
Space Johnnie Warren Tomlin +1 757 497 3419

Represented by Sykes Bourdon Ahern & Levy, PC

Name Phone Fax E-Mail
Space Lawrence Steven Emmert +1 757 499 8971 emmert@virginia-appeals.com
v.
No Logo Edgar August Browning, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Alan Boester +1 757 722 7473

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 9/24/2004
Jury Demand Plaintiff
Demand $5000000
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Violation of Due Process and Equal Protection
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Hampton City
Terminated 12/2/2004
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Cases 4:04-cv-00071[USDC-Newport News], CL03-449Hampton[Circuit Court]
Def Custody Status
Flags CLOSED, JURY
Timeline
  Entries (40) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 27 Filed: 12/2/2004, Entered: 12/2/2004 OrderCourt Filing
AGREED ORDER dismissing this matter agreed, with prejudice, entered and filed 12/2/04 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 12/2/04 [EOD Date: 12/2/04] (jcow)
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Blank -- Filed: 12/2/2004, Entered: 12/2/2004 Disposable Record
Disposable Record (jcow)
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Blank -- Filed: 12/2/2004, Entered: 12/2/2004 Terminated Case
Case closed (jcow)
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Blank 26 Filed: 11/29/2004, Entered: 12/1/2004 Stipulation
STIPULATION of dismissal of all claims raised herein against the City of Hampton in Count XII of the amended complaint and all claims raised in the amended complaint for punitive damages against Edgar Browning; dismissing the City of Hampton from this action and all compensatory damage claims against Edgar Browning will remain on the active docket; all parties will bear its own costs and legal fees, stipulated to on 11/24/04 and filed 11/29/04. (jcow)
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Blank -- Filed: 11/16/2004, Entered: 11/19/2004 Set/Reset Deadlines:
Settlement Conference held (jcow)
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Blank 25 Filed: 11/4/2004, Entered: 11/4/2004 OrderCourt Filing
AGREED PROTECTIVE ORDER as to various discovery matters (see order for specifics), entered 11/3/04 and filed 11/4/04 ( signed by Mag Judge F. B. Stillman ) Copies Mailed: 11/4/04 [EOD Date: 11/4/04] (jcow)
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Blank -- Filed: 11/4/2004, Entered: 11/4/2004 Set/Reset Deadlines:
Settlement Conference set on 9:00 11/16/04 before Mag Judge F. B. Stillman (jcow)
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Blank 24 Filed: 11/3/2004, Entered: 11/3/2004 Stipulation
AGREED STIPULATION of dismissal as to defendants Dywona Vantree-Keller and Linda Curtis, dismissing these defendants, with prejudice, the parties are responsible for their own costs and attorney's fees (jcow)
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Blank 23 Filed: 10/26/2004, Entered: 10/27/2004 Answer to Amended Complaint
ANSWER by Dywona Vantree-Keller, Linda Curtis to amended complaint, filed subject to defect - late filing (jcow)
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Blank 22 Filed: 10/26/2004, Entered: 10/26/2004, Terminated: 12/2/2004 Answer to Amended Complaint
ANSWER by The City of Hampton to amended complaint, filed subject to defect - untimely filed. (jcow)
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Blank 21 Filed: 10/25/2004, Entered: 10/25/2004, Terminated: 12/2/2004 Answer to Amended Complaint
ANSWER by Edgar August Browning to amended complaint (jcow)
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Blank 20 Filed: 10/22/2004, Entered: 10/22/2004 OrderCourt Filing
AGREED ORDER that the deadline for defendants Curtis and Vantree-Keller to respond to the discovery by plaintiffs is extended until 11/23/04, entered 10/21/04 and filed 10/22/04 ( signed by Mag Judge F. B. Stillman ) Copies Mailed: 10/22/04 [EOD Date: 10/22/04] (jcow)
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Blank 19 Filed: 10/8/2004, Entered: 10/20/2004 Amended Complaint
AMENDED COMPLAINT by Ricky Miles Cullipher Jr., Ricky Miles Cullipher Sr., Linda Cullipher; amending complaint by Linda Cullipher, Ricky Miles Cullipher Sr., Ricky Miles Cullipher Jr.; jury demand (jcow)
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Blank 18 Filed: 9/27/2004, Entered: 9/29/2004 Minutes-Miscellaneous
Minute entry: COURT PROCEEDINGS: HCM, Jr., j; Jody Stewart, OCR. S. Emmert & J. Tomlin app. on behalf of ptfs. A. Rashkind, J. Cales & C. Hudson app. on behalf of dfts. City of Hampton & Browning; & J. Rosen app. on behalf of dfts. Vantree-Keller & Curtis. Came on for hrg. on motion to dismiss of dft. Browning (#6); argued; granted in part & denied in part. Ptfs'. oral motion for leave to amend complaint as to claim of malicious prosection; granted. Ptf. to file amended complaint within 10 days from today. Dfts. shall answer within 10 days of filing of amended complaint or they may choose to rely on pleadings previously filed. Court's rulings effective today. Court to prepare order & kept file. (danc)
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Blank -- Filed: 9/27/2004, Entered: 9/29/2004 Motion Hearing
Motion hearing held re: [6-1] motion by Edgar August Browning to Dismiss by Edgar August Browning (danc)
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Blank -- Filed: 9/27/2004, Entered: 9/27/2004 Motion Hearing
Motion hearing held re: [6-1] motion by Edgar August Browning to Dismiss by Edgar August Browning (danc)
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Blank -- Filed: 9/24/2004, Entered: 9/24/2004 Case Transferred In - Divisional Transfer
Original file, certified copy of transfer order and docket sheet received from Newport News Division (jcow)
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Blank -- Filed: 9/23/2004, Entered: 9/23/2004 Docket Annotation
Case file, with certified copy of transfer order and docket entries given to new case manager in Norfolk Division. (cdod)
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Blank 17 Filed: 9/21/2004, Entered: 9/23/2004 OrderCourt Filing
ORDER granting [16-1] motion by Edgar August Browning to Change Venue; the matter is transferred to the Norfolk Division of the USDC EDVA; agreed, entered and filed 09/21/04; ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 09/23/04 [EOD Date: 9/23/04] (cdod)
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Blank 16 Filed: 8/11/2004, Entered: 8/12/2004, Terminated: 9/21/2004 Motion to Change Venue
MOTION with Memorandum in Support by Edgar August Browning to Change Venue (cdod)
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Blank 15 Filed: 7/28/2004, Entered: 7/28/2004 OrderCourt Filing
ORDER that any contemplated motion to transfer venue shall be filed with a brief on 08/12/04; set Motion Filing deadline to 8/12/04 , any brief in opposition shall be received on 08/26/04 set Brief deadline to 8/26/04 if no hearing is arranged by 08/30/04, the Clerk shall refer the file for decision without hearing on 09/01/04; entered 07/27/04 and filed 07/28/04 ( signed by Mag Judge F. B. Stillman Copies Mailed: 07/28/04 [EOD Date: 7/28/04] (cdod)
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Blank 14 Filed: 7/20/2004, Entered: 7/21/2004 OrderCourt Filing
Rule 16(b) Scheduling Order: Trial set for 10:00 am on 1/4/05 in Newport News. Trial by jury has been demanded. Proposed voir dire and typewritten jury instruction, with authorities in support thereof, shall be delivered to the Clerk on or before 12/28/04. Discovery by plaintiff(s) due on or before 10/26/04 and by defendant(s) on or before 11/23/04; final pretrial conference shall be held at 12/17/04 at 12:00 pm; a hearing is scheduled on the motion to dismiss by defendant Edgar August Browning on 09/27/04 at 3:00 pm at Norfolk. By agreement of the parties, the deadline for serving Rule 26(a)(1) disclosures is enlarged to 08/04/04. It having been represented by counsel that the proper name of defendant Dywana Vantree-Keller, in her individual capacity as Assistant Commonwealth's Attorney, it is ORDERED that all pleadings be, and they hereby are, changed to indicate the correct name of the defendant. entered 07/12/04; filed 07/20/04; ( signed by Mag Judge F. B. Stillman ) Copies Mailed: 07/21/04 (cdod)
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Blank 13 Filed: 7/13/2004, Entered: 7/14/2004 Consent to Jurisdiction by U.S. Magistrate Judge
Consent to trial by Magistrate by Ricky Miles Cullipher Jr., Ricky Miles Cullipher Sr., Linda Cullipher (cdod)
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Blank 12 Filed: 7/12/2004, Entered: 7/12/2004 OrderCourt Filing
Agreed ORDER Consolidating Cases all pleadings shall be deemed timely filed in each action; all papers shall be filed under 4:04cv71, and that no further filings shall be made in Civil Action No. 4:04cv72; agreed, entered 07/08/04 and filed 07/12/04; ob ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 07/12/04 [EOD Date: 7/12/04] (cdod)
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Blank -- Filed: 7/12/2004, Entered: 7/21/2004 Discovery Hearing
16(b) Conference held (cdod)
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Blank 11 Filed: 7/2/2004, Entered: 7/6/2004 Notice of Appearance
NOTICE of Attorney Appearance for Ricky Miles Cullipher Jr., Ricky Miles Cullipher Sr., Linda Cullipher by Lawrence Steven Emmert (cdod)
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Blank 10 Filed: 6/24/2004, Entered: 6/25/2004 Reply to Response to Motion
REPLY by Edgar August Browning to response to [6-1] motion by Edgar August Browning to Dismiss received (cdod)
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Blank 9 Filed: 6/23/2004, Entered: 6/24/2004 OrderCourt Filing
26(f) Order: 16(b) scheduling conference set for 1:30pm on 7/12/04 ; entered: 06/23/04; filed: 06/23/04; ( signed by Mag Judge B. Stillman ) Copies Mailed: 06/24/04 (cdod)
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Blank 8 Filed: 6/21/2004, Entered: 6/22/2004 Memorandum in Opposition
MEMORANDUM by Ricky Miles Cullipher Jr., Ricky Miles Cullipher Sr., Linda Cullipher in opposition to [6-1] motion by Edgar August Browning to Dismiss received (cdod)
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Blank 7 Filed: 6/18/2004, Entered: 6/18/2004 Jury Demand
DEMAND for jury trial by Ricky Miles Cullipher Jr., Ricky Miles Cullipher Sr., Linda Cullipher (cdod)
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Blank -- Filed: 6/18/2004, Entered: 6/18/2004 Set/Clear Flags
Text not available.
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Blank -- Filed: 6/15/2004, Entered: 6/15/2004 Miscellaneous Document
Referred for 16(b) Conference (cdod)
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Blank 6 Filed: 6/14/2004, Entered: 6/15/2004 Motion to Dismiss
MOTION with Memorandum in Support by Edgar August Browning to Dismiss (cdod)
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Blank 5 Filed: 6/14/2004, Entered: 6/15/2004 Answer
ANSWER to Complaint by Edgar August Browning (Attorney James Arthur Cales III), (cdod)
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Blank 4 Filed: 6/10/2004, Entered: 6/14/2004 Answer
ANSWER to Complaint by The City of Hampton (Attorney Cynthia Annette Eppes Hudson), (cdod)
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Blank -- Filed: 6/7/2004, Entered: 6/7/2004 Miscellaneous Document
Magistrate's consent form, judge info sheets mailed/delivered to parties. (cdod)
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Blank 3 Filed: 6/4/2004, Entered: 6/7/2004 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Dywana Vantree-Keller, Linda Curtis (cdod)
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Blank 2 Filed: 6/4/2004, Entered: 6/7/2004 Answer
ANSWER to Complaint by Dywana Vantree-Keller, Linda Curtis (Attorney ), (cdod)
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Blank 1 Filed: 6/4/2004, Entered: 6/7/2004 Notice of Removal
NOTICE OF REMOVAL from Hampton Circuit Court by Dywana Vantree-Keller, Linda Curtis ; with copy of motion for judgment and Notice of Removal; FILING FEE $ 150.00 RECEIPT # 43798 (cdod)
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Blank -- Filed: 6/4/2004, Entered: 6/7/2004 Miscellaneous Document
CASE REFERRED to Mag Judge F. B. Stillman (cdod)
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