Aetna Casualty, et al v. Wallace, et al :: Virginia Eastern District Court :: Federal Civil Lawsuit No. 2:93-cv-00132-jcc

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30	Filed: 1/20/1994, Entered: 1/25/1994	Order
	ORDER Dismissing this action without prejudice for failure to prosecute pursuant to Rule 41(b) of FRCP ; entered and filed 1/20/94 ( signed by Judge J. C. Clarke Jr. ) Copies Mailed: 1/20/94. O.B. (mwin)


--	Filed: 1/20/1994, Entered: 1/25/1994	Terminated Case
	Case closed (mwin)


--	Filed: 1/20/1994, Entered: 1/25/1994	Case Assigned/Reassigned
	CASE assigned to Judge J. C. Clarke Jr. (mwin)


29	Filed: 8/12/1993, Entered: 8/26/1993	Answer
	ANSWER to Complaint by Dills Ainscough Duff (mwin)


28	Filed: 8/12/1993, Entered: 8/26/1993	Summons Returned Executed
	SUMMONS Returned with acceptance of service as to Dills Ainscough Duff 7/26/93 by Brian J. Casey. Answer due on 8/16/93 for Dills Ainscough Duff. (mwin)


27	Filed: 7/30/1993, Entered: 7/30/1993	Order
	ORDER declining to accept the Magistrate Judge's June 14, 1993 Report and Recommendation; denying [7-1] motion by Brandon Wallace by his mother and next friend, Linda Gordon, to Decline Discretionary Jurisdiction; continuing plaintiff's declaratory judgment action; continuing Tredegar and Capital's motion to dismiss, or in the alternative, for judgment on the pleadings; parties are to notify this court once the state court has accepted jurisdiction over this declaratory judgment action giving it priority over the tort action, and plaintiff's declaratory judgment action in this court shall then be dismissed; etc.; entered and filed 7/30/93 ( signed by Judge J. C. Clarke Jr. ) Copies Mailed: 7/30/93 (mwin)


--	Filed: 7/29/1993, Entered: 7/30/1993	Docket Annotation
	Answer of Dills, Ainscough, Duff, P.C. - LODGED (mwin)


26	Filed: 6/29/1993, Entered: 7/9/1993	Response in Opposition to Motion
	RESPONSE by Brandon Wallace in opposition to [25-1] objection by Standard Fire, Aetna Casualty (denominated "Defendant's Response to Magistrate's Report and Recommendation"), filed (mwin)


25	Filed: 6/21/1993, Entered: 7/9/1993	Objection to Report and Recommendations
	OBJECTION by Aetna Casualty, Standard Fire to [23-1] report and recommendations, with memorandum contained therein, filed (response due 7/9/93) (mwin)


24	Filed: 6/17/1993, Entered: 6/18/1993	Order
	ORDER ON INITIAL PRETRIAL CONFERENCE setting JURY TRIAL date 10:00, 12/9/93; proposed voir dire and written jury instructions to be received by clerk on or before 12/2/93; Final Pretrial conference for 11:00, 11/19/93; de bene esse depositions to be concluded by 10/22/93; Discovery cutoff for defendant 10/8/93 ; Discovery cutoff for plaintiff 9/8/93; directing that all PLEADINGS be and hereby are CHANGED to indicate the correct names of Metal Industries, Inc. and Tredegar Industries, t/a Capital Windows as Metal Industries, Inc. of California; Tredegar Industries, Inc.; and Capital Products Corporation; entered 6/15/93; filed 6/17/93 (signed by Magistrate Judge Tommy E. Miller). Copies Mailed: 6/17/93 (mwin)


--	Filed: 6/15/1993, Entered: 6/18/1993	Pretrial Conference - Initial
	Initial pretrial conference held (mwin)


23	Filed: 6/14/1993, Entered: 6/14/1993	Miscellaneous Document
	REPORT AND RECOMMENDATIONS of Magistrate Judge Tommy E. Miller Re: [7-1] motion by Brandon Wallace by his mother and next friend, Linda Gordon, to Dismiss ("Motion to Decline Discretionary Jurisdiction"), [11-1] motion by Tredegar Industries to Dismiss, [11-2] motion by Tredegar Industries for Judgment on the Pleadings, [13-1] motion to Adopt and join in [7-1] Motion of Wallace to dismiss (Motion to Decline Discretionary Jurisdiction) ; Motion no longer referred. Objections to R and R due by 7/1/93. Copies Mailed: 6/14/93 (mwin)


--	Filed: 6/14/1993, Entered: 1/20/1994	Add and Terminate Judges
	CASE NO LONGER REFERRED TO Magistrate Judge Tommy E. Miller (mwin)


--	Filed: 6/14/1993, Entered: 6/14/1993	Summons Issued
	SUMMONS with 1 copy issued for Dills Ainscough Duff; delivered to counsel; Magistrate Judge notice. (mwin)


--	Filed: 5/27/1993, Entered: 6/14/1993	Minutes-Miscellaneous
	COURT PROCEEDINGS Minute entry: Tommy E. Miller, U. S. Magistrate Judge. Reporter: Sharon Borden, OCR. Allen W. Beasley, present on behalf of plaintiff. Michael F. Leban, Robert Winters, Gregory N. Stillman, Arletrice M. Dickerson, and Thomas B. Shuttleworth, II, present on behalf of defendants. Matter came on all pending motions. Defendants' motion(s) to decline jurisdiction. Arugment. Court will submit report and recommendation. Court reset initial pretrial conference for 2:15, 6/15/93. Plaintiffs' [17-1] motion to add party (for joinder of Dills, Ainscough & Duff, P.C., formerly Dills, Ainscough & Associates, as a party defendant) - Granted. Court adjourned. (mwin)


--	Filed: 5/27/1993, Entered: 6/14/1993	Motion Hearing
	Motion hearing HELD re: [20-1] motion by Standard Fire, Aetna Casualty to Compel defendants Terry/Peterson Associates, Terry/Peterson Development, Pembroke Enterprises, and Pembroke Commercial Realty to respond to discovery by Standard Fire, Aetna Casualty, [17-1] motion by Standard Fire, Aetna Casualty for Joinder of the engineering firm of Dills, Ainscough, Duff, P.C., formerly Dills, Ainscough & Associates, as a party defendant by Standard Fire, Aetna Casualty, [13-1] motion to Adopt and join in [7-1] Motion of Wallace to dismiss (Motion to Decline Discretionary Jurisdiction) by Pembroke Commercial, Pembroke Enterprises, Terry/Peterson Dev., Terry/Peterson Asso., [11-1] motion by Tredegar Industries to Dismiss by Tredegar Industries, [11-2] motion by Tredegar Industries for Judgment on the Pleadings by Tredegar Industries, [7-1] motion by Brandon Wallace by his mother and next friend, Linda Gordon, to Dismiss ("Motion to Decline Discretionary Jurisdiction") by Brandon Wallace, [5-1] motion by Pembroke Commercial, Pembroke Enterprises, Terry/Peterson Dev., Terry/Peterson Asso. for Joinder of Dills, Ainscough & Duff, P.C. as defendants ("Motion Pursuant to Rule 19 of the Federal Rules of Civil Procedure") by Pembroke Commercial, Pembroke Enterprises, Terry/Peterson Dev., Terry/Peterson Asso. (mwin)


22	Filed: 5/25/1993, Entered: 5/25/1993	Order
	ORDER REFERRING CASE to Magistrate Judge Tommy E. Miller to conduct hearings and submit to U. S. District Judge proposed findings of fact and recommendations for disposition of defendants' motions to decline discretionary jurisdiction, to dismiss or for judgment on the pleadings, and to adopt motion to dismiss (signed by Judge Henry C. Morgan Jr.). Copies Mailed: 5/25/93 by calendar clerk. (mwin)


--	Filed: 5/19/1993, Entered: 5/25/1993	Motion Hearing
	Motion hearing re: [20-1] motion by Standard Fire, Aetna Casualty to Compel defendants Terry/Peterson Associates, Terry/Peterson Development, Pembroke Enterprises, and Pembroke Commercial Realty to respond to discovery set at 2:00 5/27/93 (See 4/30/93 motion hearing set entry for other pending motions set for 5/27/93) (mwin)


21	Filed: 5/18/1993, Entered: 5/19/1993	Notice
	NOTICE of hearing on motion to add party defendant, by Aetna Casualty, Standard Fire (mwin)


20	Filed: 5/18/1993, Entered: 5/25/1993	Notice
	NOTICE of hearing on motion to compel by Aetna Casualty, Standard Fire (contained in motion) (mwin) Modified on 05/25/1993


20	Filed: 5/18/1993, Entered: 5/19/1993	Motion to Compel
	MOTION by Standard Fire, Aetna Casualty to Compel defendants Terry/Peterson Associates, Terry/Peterson Development, Pembroke Enterprises, and Pembroke Commercial Realty to respond to discovery (mwin)


19	Filed: 5/4/1993, Entered: 5/19/1993	Notice
	NOTICE of hearing by Tredegar Industries on its motion to dismiss/for judgment on the pleadings (mwin) Modified on 05/19/1993


18	Filed: 4/30/1993, Entered: 5/4/1993	Notice
	NOTICE of hearing 5/27/93 by Aetna Casualty and Standard Fire on defendant Wallace's motion to decline discretionary jurisdiction (mwin)


--	Filed: 4/30/1993, Entered: 5/4/1993	Pretrial Conference - Initial
	Initial pretrial conference set at 5/27/93 after 2:00 hearing (mwin)


--	Filed: 4/30/1993, Entered: 5/4/1993	Motion Hearing
	Motion hearing re: [17-1] motion by Standard Fire, Aetna Casualty for Joinder of the engineering firm of Dills, Ainscough, Duff, P.C., formerly Dills, Ainscough & Associates, as a party defendant set at 2:00 5/27/93, [13-1] motion to Adopt and join in [7-1] Motion of Wallace to dismiss (Motion to Decline Discretionary Jurisdiction) set at 2:00 5/27/93, [11-1] motion by Tredegar Industries to Dismiss set at 2:00 5/27/93, [11-2] motion by Tredegar Industries for Judgment on the Pleadings set at 2:00 5/27/93, [7-1] motion by Brandon Wallace by his mother and next friend, Linda Gordon, to Dismiss ("Motion to Decline Discretionary Jurisdiction") set at 2:00 5/27/93, [5-1] motion by Pembroke Commercial, Pembroke Enterprises, Terry/Peterson Dev., Terry/Peterson Asso. for Joinder of Dills, Ainscough & Duff, P.C. as defendants ("Motion Pursuant to Rule 19 of the Federal Rules of Civil Procedure") set at 2:00 5/27/93 (mwin)


17	Filed: 4/12/1993, Entered: 4/20/1993	~Motion for Joinder
	MOTION by Standard Fire, Aetna Casualty for Joinder of the engineering firm of Dills, Ainscough, Duff, P.C., formerly Dills, Ainscough & Associates, as a party defendant (mwin)


16	Filed: 4/5/1993, Entered: 4/8/1993	Memorandum in Opposition
	MEMORANDUM by Aetna Casualty, Standard Fire in opposition to [11-1] motion by Tredegar Industries to Dismiss or, in the alternative, [11-2] motion by Tredegar Industries for Judgment on the Pleadings, received (mwin)


15	Filed: 3/30/1993, Entered: 4/8/1993	Notice of Voluntary Dismissal
	NOTICE OF VOLUNTARY DISMISSAL as to defendant TALBOT & ASSOCIATES, LTD., by plaintiffs Aetna Casualty and Standard Fire (mwin) Modified on 04/08/1993


14	Filed: 3/26/1993, Entered: 4/8/1993	Memorandum in Opposition
	MEMORANDUM by Aetna Casualty, Standard Fire in opposition to [7-1] motion by Brandon Wallace by his mother and next friend, Linda Gordon, to Dismiss ("Motion to Decline Discretionary Jurisdiction"), received (mwin)


13	Filed: 3/24/1993, Entered: 4/8/1993	Motion for Miscellaneous Relief
	MOTION to Adopt and join in [7-1] Motion of Wallace to dismiss (Motion to Decline Discretionary Jurisdiction) (mwin)


12	Filed: 3/22/1993, Entered: 4/8/1993	Memorandum in Support
	MEMORANDUM by Tredegar Industries in support of [11-1] motion by Tredegar Industries to Dismiss or, in the alternative, [11-2] motion by Tredegar Industries for Judgment on the Pleadings, received (mwin)


11	Filed: 3/22/1993, Entered: 4/8/1993	Motion to Dismiss
	MOTION by Tredegar Industries to Dismiss , or, in the alternative, by Tredegar Industries for Judgment on the Pleadings (mwin)


10	Filed: 3/22/1993, Entered: 4/8/1993	Answer
	ANSWER to Complaint by Tredegar Industries ("Tredegar Industries, Inc. and Capitol Products Corporation") (Attorney Arletrice Mechele Dickerson, Gregory N. Stillman),(mwin) Modified on 06/18/1993


9	Filed: 3/17/1993, Entered: 4/8/1993	Answer
	ANSWER to Complaint by Metal Industries (Attorney Allan S. Reynolds), (mwin)


8	Filed: 3/12/1993, Entered: 4/8/1993	Memorandum in Support
	MEMORANDUM by Brandon Wallace in support of [7-1] motion by Brandon Wallace by his mother and next friend, Linda Gordon, to Dismiss (to decline discretionary jurisdiction), received (mwin)


7	Filed: 3/12/1993, Entered: 4/8/1993, Terminated: 7/30/1993	Motion to Dismiss
	MOTION by Brandon Wallace by his mother and next friend, Linda Gordon, to Dismiss ("Motion to Decline Discretionary Jurisdiction") (mwin) Modified on 04/08/1993


6	Filed: 3/9/1993, Entered: 3/23/1993	Summons Returned Executed
	SUMMONS Returned Executed as to Tredegar Industries 3/2/93 by personal service upon W. Jeffrey Edwards, Registered Agent. Answer due on 3/22/93 for Tredegar Industries (mwin)


6	Filed: 3/9/1993, Entered: 3/23/1993	Summons Returned Executed
	SUMMONS Returned Executed as to Talbot & Associates 2/23/93 by personal service upon Anne Ventura for William A. Schlimgen, President. Answer due on 3/15/93 for Talbot & Associates (mwin)


6	Filed: 3/9/1993, Entered: 3/23/1993	Summons Returned Executed
	SUMMONS Returned Executed as to Brandon Wallace 2/22/93 by personal service upon Martha Early, legal secretary to Thomas J. Harlan, Jr.; as to Terry/Peterson Asso. 2/22/93 by personal service upon John H. Peterson, Jr., General Partner; as to Terry/Peterson Dev., Pembroke Ent., and Pembroke Commercial 2/22/93 by personal service upon Norma P. Baynor for Richard D. Guy, Registered Agent; as to Metal Industries 2/22/93 by certified mail to Sec. of Commonwealth. Answer due on 3/15/93 for Pembroke Commercial, for Pembroke Enterprises, for Terry/Peterson Dev., for Terry/Peterson Asso., for Brandon Wallace (mwin)


5	Filed: 3/8/1993, Entered: 3/23/1993	~Motion for Joinder
	MOTION by Pembroke Commercial, Pembroke Enterprises, Terry/Peterson Dev., Terry/Peterson Asso. for Joinder of Dills, Ainscough & Duff, P.C. as defendants ("Motion Pursuant to Rule 19 of the Federal Rules of Civil Procedure") (mwin) Modified on 04/08/1993


4	Filed: 3/8/1993, Entered: 3/23/1993	Answer
	ANSWER to Complaint; jury demand and COUNTERCLAIM by Terry/Peterson Asso., Terry/Peterson Dev., Pembroke Enterprises, Pembroke Commercial (Attorney Thomas Brady Shuttleworth II) against Aetna Casualty, Standard Fire (mwin)


3	Filed: 3/3/1993, Entered: 3/8/1993	Certificate Of Service.
	CERTIFICATE OF COMPLIANCE of the Secretary of the Commonwealth as to Metal Industries. Answer due 3/24/93 for Metal Industries. (mwin)


2	Filed: 2/18/1993, Entered: 2/22/1993	Affidavit
	AFFIDAVIT FOR SERVICE OF PROCESS ON THE SECRETARY OF THE COMMONWEALTH as to Metal Industries, Inc. (mwin)


--	Filed: 2/18/1993, Entered: 2/22/1993	Summons Issued
	SUMMONS with 8 copies issued for Brandon Wallace, Terry/Peterson Asso., Terry/Peterson Dev., Talbot & Associates, Pembroke Enterprises, Pembroke Commercial, Metal Industries, Industries and delivered to counsel. Magistrate Judge notice. (mwin)


1	Filed: 2/16/1993, Entered: 2/22/1993	Complaint
	COMPLAINT; Filing Fee $ 120 pd. by Breeden, MacMillan & Green; Receipt # 4857 (mwin)