Domco Industries v. Cavalier, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:92-cv-01107-JAM
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Parties
No Logo Domco Industries Ltd, Plaintiff
Officially listed as "Domco Industries, Limited"

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Mark Douglas Stiles +1 757 385 4531 +1 757 385 5687 mstiles@vbgov.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Jeffrey H. Gray +1 757 687 7519 +1 757 687 1554 jeffrey.gray@troutmansanders.com
v.
No Logo Anne Friedman, in her capacity as Executrix and/or personal repres of the Estate of Hillard G. Friedman, deceased, Defendant

Represented by Epstein & Sandler PC

Name Phone Fax E-Mail
Space Gregory Lane Sandler +1 757 627 8900 GSandler@ESF-injurylaw.com
No Logo Domco Industries Ltd, Counter-Defendant
Officially listed as "Domco Industries, Limited"

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Mark Douglas Stiles +1 757 385 4531 +1 757 385 5687 mstiles@vbgov.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Jeffrey H. Gray +1 757 687 7519 +1 757 687 1554 jeffrey.gray@troutmansanders.com
Attributes
Office Norfolk
Filed 11/23/1992
Jury Demand Both
Demand $193000
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Breach of Contract
Jurisdiction Diversity
Disposition Judgment - Jury Verdict
County Out of State
Terminated 11/24/1993
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 8/13/1997, Entered: 8/26/1997 Docket Annotation
Exhibits destroyed. (ariv)
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Blank 38 Filed: 11/24/1993, Entered: 11/30/1993 OrderCourt Filing
ORDER that upon consideration of the pleadings filed in this matter, the court orders that judgment be granted against the Estate of Hillard C. Freidman, deceased, in favor of DOMCO Industries Limited, in the amount of $169,090.61; entered and filed on Nov. 24, 1993 ( signed by Judge John A. MacKenzie ) Copies mailed on 11/24/93. o.b. (clerk)
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Blank 37 Filed: 11/24/1993, Entered: 11/30/1993 OrderCourt Filing
ORDER that Anne Friedman, in her capacity as Executrix and/or personal representative of the Estate of Hillard C. Friedman, deceased, be substituted as a party defendant in this action; etc.; entered and filed on Nov. 24, 1993 ( signed by Judge John A. MacKenzie ) Copies mailed on 11/24/93. (clerk)
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Blank -- Filed: 11/24/1993, Entered: 11/30/1993 Terminated Case
Case closed. (clerk)
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Blank -- Filed: 11/24/1993, Entered: 11/30/1993 Case Assigned/Reassigned
CASE assigned to Judge John A. MacKenzie. (clerk)
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Blank 36 Filed: 9/15/1993, Entered: 9/17/1993 Judgment*
JUDGMENT that pursuant to the Court's determination that there is no just reason for delay and direction for entry of final judgment, the judgment entered August 19, 1993, against the defendant, Burnley A. Friedman, individually, in favor of the plaintiff, DOMCO Industries Limited, in the amount of ONE HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND 26/100 DOLLARS ($166,875.26), plus costs of Court, is final; entered and filed on Sept. 15, 1993 by clerk. Copies mailed on 9/15/93. o.b. (clerk)
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Blank 35 Filed: 9/15/1993, Entered: 9/17/1993 OrderCourt Filing
ORDER that there is no just reason for delay, the court directs the clerk to enter a final judgment as to Burnley A. Friedman in the amount of $166,875.25, plus costs of court; entered and filed on Sept. 15, 1993 ( signed by Judge John A. MacKenzie ) Copies mailed on 9/15/93. (clerk)
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Blank 34 Filed: 8/26/1993, Entered: 8/30/1993 Motion for Miscellaneous Relief
MOTION with Memorandum in Support by Domco Industries for entry of final judgment pursuant to Fed. R. Civ. P. 54(b) . (clerk)
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Blank 33 Filed: 8/19/1993, Entered: 8/19/1993 OrderCourt Filing
ORDER that judgment shall be and hereby is entered in favor of the plaintiff, DOMCO, Industries Limited, and against the defendant, Burnley A. Friedman, in the amount of $166,875.26, plus costs of court; entered and filed on Aug. 19, 1993 ( signed by Judge John A. MacKenzie ) Copies mailed on 8/19/93. o.b. (clerk)
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Blank 32 Filed: 8/17/1993, Entered: 8/19/1993 Jury Verdict
JURY VERDICT on interrogatory, filed in open court. (clerk)
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Blank -- Filed: 8/17/1993, Entered: 8/19/1993 Jury Trial Begun
COURT PROCEEDINGS/Jury Trial held: JAMacK, judge; Gloria Meals (OCR). Mark D. stiles and Jeffrey H. Gray on behalf of plaintiff; Burnley A. Friedman, pro se defendant. Came on for trial by jury. Petit Jurors appeared, were examined on their voir dire and selected. Jury sworn and those not serving excused subject ot call. Opening statements heard. Plaintiff presented evidence and rested. Defendant presented evidence through his own testimony and rested. Plaintiff moved for judgment as a matter of law - denied. Out of presence of jury court and counsel reviewed charge. Final arguments heard. Later the jury returned with the following verdict: "Did the defendant, Burnley A. Friedman, sign the guaranty agreement dated July 18, 1994: Answer Yes, signed Patricia E. Earles, Foreperson, dated 8/17/93." Jury polled. Jury excused subject to call. Judgment shall be entered in favor of Domco Industries, Limited against Burnley A. Friedman in the amount of $166,875.26. Counsel to prepare order. (clerk)
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Blank 31 Filed: 8/16/1993, Entered: 8/16/1993 OrderCourt Filing
ORDER denying [22-1] motion by Burnley A. Friedman to disqualify plaintiff's counsel; entered and filed on Aug. 16, 1993 (signed by Judge John A. MacKenzie) Copies mailed to counsel by judge's chambers on 8/16/93. (clerk)
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Blank 30 Filed: 8/13/1993, Entered: 8/16/1993 OrderCourt Filing
ORDER denying [24-1] motion to substitute parties until a proper personal representative is appointed for the Estate; ordered that the claims against the defendants be severed, the trial to continue as scheduled against Burnley Friedman on Aug. 17, 1993; entered and filed on Aug. 13, 1993 (signed by Judge John A. MacKenzie) Copies mailed by judge's chambers on 8/13/93. (clerk)
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Blank -- Filed: 8/13/1993, Entered: 8/16/1993 Minutes-Miscellaneous
COURT PROCEEDINGS/Minute entry: JAMacK, judge; Horace Weiss (OCR). Keith C. Cuthrell, Jr. and Conrad M. Shumadine appeared on behalf of Willcox & Savage, Mark D. Stiles appeared later on behalf of Domco Industries, Burnley A. Friedman appeared pro se. Matter came on for a hearing on defendant's motion to disqualify plaintiff's counsel. Arguments of counsel and Mr. Friedman heard. Court denied defendant's motion . Court will prepare order. Later: Mark D. Stiles appeared on behalf of plaintiff. Came on for hearing on plaintiff's motion to substitute parties. Arguments of counsel heard. Court gives plaintiff until 3:00 p.m. today to advise regarding authority to substitute parties. Law clerk to notify defendant. (clerk)
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Blank 29 Filed: 8/12/1993, Entered: 8/13/1993 Motion in Limine
MOTION with Memorandum in Support by Domco Industries in Limine . (clerk)
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Blank 28 Filed: 8/12/1993, Entered: 8/12/1993 Affidavit
AFFIDAVIT of Franklin A. Swartz Re: [25-1] opposition memorandum by Willcox & Savage and Domco Industries. (clerk)
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Blank 27 Filed: 8/12/1993, Entered: 8/12/1993 Affidavit
AFFIDAVIT of Jeffrey H. Gray and Mark D. Stiles Re: [25-1] opposition memorandum by Willcox & Savage and Domco Industries. (clerk)
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Blank 26 Filed: 8/12/1993, Entered: 8/12/1993 Affidavit
AFFIDAVIT of Allan G. Donn Re: [25-1] opposition memorandum by Willcox & Savage and Domco Industries. (clerk)
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Blank 25 Filed: 8/12/1993, Entered: 8/12/1993 Memorandum in Opposition
MEMORANDUM by Domco Industries and Willcox & Savage in opposition to [22-1] motion by Burnley A. Friedman to disqualify plaintiff's counsel, received. (clerk)
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Blank -- Filed: 8/12/1993, Entered: 8/12/1993 Motion Hearing
Motion hearing re: [24-1] motion to substitute parties and [22-1] motion to disqualify plaintiff's counsel set at 9:30 a.m. on 8/13/93. (clerk)
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Blank 24 Filed: 8/10/1993, Entered: 8/11/1993, Terminated: 8/13/1993 Motion for Miscellaneous Relief
MOTION with Memorandum in Support by Domco Industries to substitute parties . (clerk)
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Blank 23 Filed: 8/4/1993, Entered: 8/6/1993 Notice of Hearing.
NOTICE of Hearing on behalf of defendant. (clerk)
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Blank 22 Filed: 8/4/1993, Entered: 8/6/1993, Terminated: 8/16/1993 Motion for Miscellaneous Relief
MOTION by Burnley A. Friedman to disqualify plaintiff's counsel . (clerk)
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Blank 21 Filed: 6/24/1993, Entered: 6/24/1993 Judgment*
JUDGMENT that pursuant to the Court's determination that there is no just reason for delay and direction for entry of final judgment, the judgment entered May 21, 1993, against the defendant Cavalier Distributing Company, Inc. in favor of plaintiff DOMCO Industries Limited in the amount of One Hundred Sixty-Three Thousand Three Hundred Thirty-One and 50/100 Dollars ($163,331.50), is final; entered and filed on June 24, 1993 by Clerk. Copies mailed to counsel and defendants on June 24, 1993. o.b. Copies Mailed: 6/24/93. o.b. (clerk)
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Blank 20 Filed: 6/16/1993, Entered: 6/16/1993 OrderCourt Filing
ORDER granting [17-1] motion by Cavalier, Burnley A. Friedman and Hillard C. Friedman for Jonathan L. Hauser and Michael R. Davis and the law firm of Croshaw, Beale, Hauser & Lewis, P.C. to Withdraw as Attorney; trial of this matter is continued until Aug. 17, 1993 at 10:00 a.m. regardless of whether the defendants have obtained new counsel; reset Initial Pretrial Conference deadlines: Trial date for 10:00 a.m. on 8/17/93 ; further ordered that defendant Burnley Friedman pay to the plaintiff the sum of twenty-five dollars($25.00), etc.; entered and filed on June 16, 1993 ( signed by Judge John A. MacKenzie ) Copies mailed on 6/16/93. (clerk)
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Blank 19 Filed: 6/11/1993, Entered: 6/16/1993 Motion for Miscellaneous Relief
MOTION with Memorandum in Support by Domco Industries for Clerk's entry of final judgment . (clerk)
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Blank -- Filed: 6/9/1993, Entered: 6/10/1993 Minutes-Miscellaneous
COURT PROCEEDINGS/Minute entry: JAMacK, judge; Richard Zahn (OCR). Mark Stiles on behalf of plaintiff, Jonathan Hauser on behalf of defendant. Matter came on for hearing on Mr. Hauser's motion to withdraw as counsel. Comments of counsel and Mr. Friedman heard. Court stated ruling from bench. Court continuing case to August 9, 1993 at 10:00 with jury; reset Initial Pretrial Conference deadlines: Trial date for 10:00 a.m. on 8/9/93 ; Mr. Stiles to prepare bill of cost. Mr. Houser will be permitted to withdraw after bill of cost paid by Monday, June 14, 1993; granting [17-1] motion for Jonathan L. Hauser and Michael R. Davis and the law firm of Croshaw, Beale, Hauser & Lewis, P.C. to Withdraw as Attorney (Terminated attorney Jonathan Leigh Hauser); clerk to cancel jury for Monday, June 14, 1993. (clerk)
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Blank 19 Filed: 6/7/1993, Entered: 6/8/1993 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 9:30 a.m. on 6/9/93 for [17-1] motion by Cavalier, Burnley A. Friedman and Hillard C. Friedman for Jonathan L. Hauser and Michael R. Davis and the law firm of Croshaw, Beale, Hauser & Lewis, P.C. to Withdraw as Attorney . (clerk)
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Blank 18 Filed: 6/7/1993, Entered: 6/8/1993 Response in Support of Motion
RESPONSE by Hillard C. Friedman, Burnley A. Friedman, Cavalier to [16-1] trial brief on issue of novation by Domco Industries. (clerk)
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Blank 17 Filed: 6/4/1993, Entered: 6/7/1993, Terminated: 6/16/1993 Motion to Withdraw as Attorney
MOTION by Cavalier, Burnley A. Friedman and Hillard C. Friedman for Jonathan L. Hauser and Michael R. Davis and the law firm of Croshaw, Beale, Hauser & Lewis, P.C. to Withdraw as Attorney . (clerk)
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Blank 16 Filed: 6/1/1993, Entered: 6/3/1993 Trial Brief
TRIAL BRIEF regarding the issue of novation by Domco Industries, received. (clerk)
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Blank 15 Filed: 5/21/1993, Entered: 5/25/1993 Judgment*Court Filing
JUDGMENT ORDER that judgment be entered against the defendant Cavalier Distributing Company, Inc. in favor of plaintiff DOMCO Industries Limited in the amount of $163,331.50; further orders that the counterclaim asserted by Cavalier Distributing Company, Inc. shall be dismissed with prejudice; entered and filed on May 21, 1993 (signed by Judge John A. MacKenzie) Copies mailed on 5/21/93. o.b. (clerk)
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Blank 14 Filed: 5/21/1993, Entered: 5/25/1993 OrderCourt Filing
FINAL PRETRIAL ORDER; plaintiff will file trial brief on issue of novation by June 1, 1993; defendant will respond by June 8, 1993; entered and filed in presence of counsel on May 21, 1993 (signed by Magistrate Judge Tommy E. Miller). (clerk)
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Blank 12 Filed: 5/14/1993, Entered: 5/14/1993 Memorandum in Support
MEMORANDUM by Domco Industries in support of [11-1] motion for Summary Judgment, received. (clerk)
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Blank 13 Filed: 5/11/1993, Entered: 5/14/1993 Set/Reset Deadlines:
Copy of DEPOSITION of Burnley A. Friedman in support of motion for Summary Judgment. (clerk)
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Blank 11 Filed: 5/11/1993, Entered: 5/14/1993 Motion for Summary Judgment
MOTION by Domco Industries for Summary Judgment . (clerk)
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Blank 10 Filed: 4/27/1993, Entered: 4/28/1993 OrderCourt Filing
ORDER that the discovery period shall be extended to and including May 5, 1993, for the limited purpose of exchanging responses to written discovery already propounded by the parties and conducting discovery depositions; reset Initial Pretrial Conference deadlines: Discovery cutoff for defendant and plaintiff on or before 5/5/93 ; entered and filed on Apr. 27, 1993 (signed by Judge John A. MacKenzie) Copies mailed on 4/27/93. (clerk)
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Blank 9 Filed: 2/26/1993, Entered: 2/26/1993, Terminated: 11/24/1993 Answer to Counterclaim
ANSWER by Domco Industries to amended counterclaim: [8-1] amended claim by Cavalier. (clerk)
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Blank 8 Filed: 2/23/1993, Entered: 2/26/1993 Counterclaim
AMENDED COUNTERCLAIM by Cavalier: amending [4-1] counter claim by Cavalier; jury demand. (clerk)
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Blank 7 Filed: 2/23/1993, Entered: 2/26/1993 OrderCourt Filing
ORDER that the defendant be permitted to amend its counterclaim ; plaintiff shall be granted twenty days to file an answer to the amended counterclaim; entered and filed on Feb. 23, 1993 ( signed by Judge John A. MacKenzie ) Copies mailed to counsel on 2/23/93. (clerk)
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Blank 6 Filed: 1/28/1993, Entered: 1/29/1993 OrderCourt Filing
Order on Initial Pretrial Conference setting Jury Trial for 10:00 a.m. on 6/14/93; Final Pretrial conference for 9:00 a.m. on 5/21/93; de bene esse depositions shall be ocncluded on or before 4/23/93; Discovery cutoff for defendant shall be completed on or before 4/9/93; Discovery cutoff for plaintiff shall be completed on or before 4/9/93; etc.; entered on Jan. 25, 1993, filed on Jan. 28, 1993 ( signed by Judge John A. MacKenzie ) Copies mailed to counsel on 1/28/93. (clerk)
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Blank -- Filed: 1/27/1993, Entered: 1/29/1993 Pretrial Conference - Initial
Initial pretrial conference held. (clerk)
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Blank -- Filed: 1/15/1993, Entered: 1/19/1993 Pretrial Conference - Initial
Initial pretrial conference set at 2:30 p.m. on 1/25/93. (clerk)
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Blank -- Filed: 1/7/1993, Entered: 1/7/1993 Docket Annotation
Referred to calendar clerk for initial pretrial conference scheduling. (clerk)
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Blank 5 Filed: 1/6/1993, Entered: 1/7/1993 Answer to Counterclaim
ANSWER by Domco Industries to [4-1] counter claim by Cavalier. (clerk)
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Blank 4 Filed: 12/14/1992, Entered: 12/16/1992 Counterclaim
COUNTERCLAIM by defendant Cavalier against plaintiff Domco Industries; jury demand. (clerk)
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Blank 3 Filed: 12/14/1992, Entered: 12/16/1992 Answer
ANSWER to Complaint by Cavalier, Burnley A. Friedman, and Hillard C. Friedman (Attorney Jonathan Leigh Hauser); jury demand. (clerk)
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Blank 2 Filed: 11/27/1992, Entered: 12/1/1992 Summons Returned Executed
SUMMONS Returned Executed as to Cavalier by personal service on 11/27/92; Answer due on 12/17/92 for Cavalier. (clerk)
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Blank 2 Filed: 11/27/1992, Entered: 12/1/1992 Summons Returned Executed
SUMMONS Returned Executed as to Burnley A. Friedman and Hillard C. Friedman by personal service on 11/25/92; Answer due on 12/15/92 for Hillard C. Friedman and for Burnley A. Friedman. (clerk)
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Blank -- Filed: 11/24/1992, Entered: 11/24/1992 Summons Issued
SUMMONS issued with three copies for Cavalier, Burnley A. Friedman, and Hillard C. Friedman; magistrate notice and order; delivered to counsel. (clerk)
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Blank 1 Filed: 11/23/1992, Entered: 11/24/1992 Complaint
COMPLAINT; $120.00 filing fee paid - Receipt #4386 - Willcox & Savage, P.C. (clerk)
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