Reich, et al v. Muth, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:93-cv-00372-HCM
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Parties
No Logo Robert B. Reich, Petitioner

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Marshall H. Harris +1 215 596 5177
Space Matthew J. Rieder +1 215 596 0485
Space Maureen A. Russo +1 215 596 5171

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Anita Kay Henry +1 757 441 6331 anita.henry@usdoj.gov
United States Department of Labor United States Department of Labor, Petitioner

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Marshall H. Harris +1 215 596 5177
Space Matthew J. Rieder +1 215 596 0485
Space Maureen A. Russo +1 215 596 5171

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Anita Kay Henry +1 757 441 6331 anita.henry@usdoj.gov
v.
No Logo Ed Speary, Respondent

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Melanie Fix +1 757 623 3000
Space Guilford D. Ware +1 757 623 3000

Represented by Crenshaw Ware & Martin PLC

Name Phone Fax E-Mail
Space James L. Chapman, IV +1 757 623 3000 +1 757 623 5735 jchapman@cwm-law.com

Represented by Office of the City Attorney

Name Phone Fax E-Mail
Space Martha Martin Poindexter +1 757 664 4529
No Logo Hiller Systems, Incorporated, Respondent

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Melanie Fix +1 757 623 3000
Space Guilford D. Ware +1 757 623 3000

Represented by Crenshaw Ware & Martin PLC

Name Phone Fax E-Mail
Space James L. Chapman, IV +1 757 623 3000 +1 757 623 5735 jchapman@cwm-law.com

Represented by Office of the City Attorney

Name Phone Fax E-Mail
Space Martha Martin Poindexter +1 757 664 4529
No Logo Jason Nuss, Respondent

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Melanie Fix +1 757 623 3000
Space Guilford D. Ware +1 757 623 3000

Represented by Crenshaw Ware & Martin PLC

Name Phone Fax E-Mail
Space James L. Chapman, IV +1 757 623 3000 +1 757 623 5735 jchapman@cwm-law.com

Represented by Office of the City Attorney

Name Phone Fax E-Mail
Space Martha Martin Poindexter +1 757 664 4529
No Logo Mike Warner, Respondent

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Melanie Fix +1 757 623 3000
Space Guilford D. Ware +1 757 623 3000

Represented by Crenshaw Ware & Martin PLC

Name Phone Fax E-Mail
Space James L. Chapman, IV +1 757 623 3000 +1 757 623 5735 jchapman@cwm-law.com

Represented by Office of the City Attorney

Name Phone Fax E-Mail
Space Martha Martin Poindexter +1 757 664 4529
No Logo Randy Hughes, Respondent

Represented by Vandeventer Black LLP

Name Phone Fax E-Mail
Space George William Birkhead +1 757 446 8600
Space Richard Gregory McNeer, Jr. +1 757 446 8600
No Logo Wayne Muth, Respondent

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Melanie Fix +1 757 623 3000
Space Guilford D. Ware +1 757 623 3000

Represented by Crenshaw Ware & Martin PLC

Name Phone Fax E-Mail
Space James L. Chapman, IV +1 757 623 3000 +1 757 623 5735 jchapman@cwm-law.com

Represented by Office of the City Attorney

Name Phone Fax E-Mail
Space Martha Martin Poindexter +1 757 664 4529
Attributes
Office Norfolk
Filed 4/29/1993
Jury Demand None
Demand $0
Nature of Suit 790 - Labor: Other
Cause Section 29 U.S.C. § 651 Occupational Safety/Health
Jurisdiction U.S. Government Plaintiff
Disposition Dismissed - Other
County Norfolk City
Terminated 4/29/1993
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (42) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 33 Filed: 10/5/1994, Entered: 10/5/1994 USCA Judgment
JUDGMENT OF USCA (certified copy) affirming the judgment of the District Court, Re: [17-1] appeal by Robert B. Reich, [14-1] appeal by Hiller Systems, Inc., Mike Warner, Randy Hughes, Jason Nuss, Ed Speary, Wayne. o.b. (mgra)
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Blank 32 Filed: 10/5/1994, Entered: 10/5/1994 USCA Mandate
Opinion of USCA re: [17-1] appeal by Robert B. Reich, [14-1] appeal by Hiller Systems, Inc., Mike Warner, Randy Hughes, Jason Nuss, Ed Speary, Wayne Muth (mgra)
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Blank 31 Filed: 9/16/1994, Entered: 9/16/1994 Docket Annotation
Notice from the USCA stating that the mandate in this case will not issue at the scheduled time because a timely petition for rehearing has been filed. (mgra)
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Blank 30 Filed: 9/6/1994, Entered: 9/7/1994 USCA Mandate
Opinion of USCA re: [17-1] appeal by Robert B. Reich, [14-1] appeal by Hiller Systems, Inc., Mike Warner, Randy Hughes, Jason Nuss, Ed Speary, Wayne Muth (mgra)
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Blank 29 Filed: 7/28/1993, Entered: 7/29/1993 OrderCourt Filing
OPINION AND ORDER denying [18-2] motion by Hiller Systems, Inc., Mike Warner, Jason Nuss, Ed Speary, Wayne Muth Motion to Stay pending appeal; denying [21-1] petition for adjudication of civil contempt; entered and filed 7/28/93 (signed by Judge Henry C. Morgan Jr.). Copies Mailed: 7/28/93. O.B. (mwin)
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Blank -- Filed: 7/21/1993, Entered: 7/26/1993 Minutes-Miscellaneous
COURT PROCEEDINGS Minute entry: Henry Coke Morgan, Judge. Reporter: Sue Ashe of Zahn, Hall & Zahn. Counsel appeared. Came on for hearing on motions. Arguments heard and rulings made. Plaintiffs' [21-1] motion for civil contempt denied; [18-1] motion by Hiller Systems, Inc., Mike Warner, Jason Nuss, Ed Wayne Muth to Quash Notice of Deposition and Subpoenas, [18-2] motion by Hiller Systems, Inc., Mike Warner, Jason Nuss, Ed Speary, Wayne Muth Motion to Stay pending appeal denied. Order to show cause for failure to appear for deposition - Court directed defendants be made available for deposition today at such time and place specified by the government. Court will prepare order. (mwin)
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Blank -- Filed: 7/21/1993, Entered: 7/26/1993 Show Cause Hearing
Show Cause Hearing held (mwin)
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Blank 28 Filed: 7/15/1993, Entered: 7/19/1993 Affidavit
AFFIDAVIT OF SERVICE of Beverly Kupke, Compliance Safety and Health Officer, OSHA, U. S. Department of Labor, (special process server), executed 7/15/93, re service upon respondents Jason Nuss, Mike Warner, and Hiller systems, Inc., of copies of [25-1] show cause order, [21-1] petition for adjudication of civil contempt, [23-1] support memorandum, at Hiller systems, Inc., 2220 Paramount Avenue, Suite 102, Chesapeake, Virginia (mwin)
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Blank 27 Filed: 7/15/1993, Entered: 7/15/1993 Docket Annotation
Certificate of Service of Beverly J. Kupke, Compliance Safety & Health Officer, OSHA , U. S. Department of Labor (special process server) of hand delivery of copies of the Secretary of Labor's petition for adjudication of civil contempt, supporting memorandum, proposed form order, proposed order to show cause, motion for special appointment to serve process, proposed order, and affidavit of service upon Guilford D. Ware, counsel for respondents Nuss, Warner, and Hiller systems, Inc., on 7/15/93. (mwin)
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Blank 26 Filed: 7/14/1993, Entered: 7/14/1993 OrderCourt Filing
ORDER granting [24-1] motion by Robert B. Reich to specially appoint Beverly Kupke to serve the Petition for Adjudication of Civil Contempt, Memorandum in Support thereof, Order to Show Cause, and Form of Order granting Petitioner's Application, upon respondents in this action; entered and filed 7/14/93 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 7/14/93. (mwin)
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Blank 25 Filed: 7/14/1993, Entered: 7/14/1993 OrderCourt Filing
ORDER TO SHOW CAUSE: setting Show Cause Hearing for 9:00, 7/21/93 at which time respondents Jason Nuss, Mike Warner, and Hiller Systems, Incorporation shall show cause, if any, why they should not be held in contempt for failure to comply with this court's order enforcing subpoenas ad testificandum and/or subpoenas duces tecum as issued; directing a compliance officer of OSHA to serve on respondents a copy of this order, petition for adjudication of civil contempt, and memorandum in support; entered and filed 7/14/93 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 7/14/93 to counsel; 3 certified copies delivered to Beverly J. Kupke, Safety and Health Compliance Officer, OSHA, U. S. Department of Labor, for service upon respondents as directed. (mwin)
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Blank 24 Filed: 7/13/1993, Entered: 7/13/1993, Terminated: 7/14/1993 Motion for Miscellaneous Relief
MOTION by Robert B. Reich to Appoint Special Process Server (clerk)
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Blank 23 Filed: 7/13/1993, Entered: 7/13/1993 Memorandum in Support
MEMORANDUM by Robert B. Reich in support of [21-1] motion for a civil contempt order by Robert B. Reich (clerk)
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Blank 22 Filed: 7/13/1993, Entered: 7/13/1993 Affidavit
AFFIDAVIT of Maureen A. Russo Re: [21-1] motion for adjudication of civil contempt by Robert B. Reich. (clerk) Modified on 07/13/1993
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Blank 21 Filed: 7/13/1993, Entered: 7/13/1993, Terminated: 7/21/1993 Motion for Miscellaneous Relief
PETITION for adjudication of civil contempt on behalf of Robert B. Reich . (clerk)
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Blank 20 Filed: 7/6/1993, Entered: 7/7/1993 Reply to Response to Motion
REPLY by Hiller Systems, Inc., Mike Warner, Jason Nuss, Ed Speary, and Wayne Muth to [19] response of plaintiff to [18] motion of Hiller Systems, Inc., et al, to stay (mgra) Modified on 07/20/1993
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Blank 19 Filed: 6/30/1993, Entered: 6/30/1993 Memorandum in Opposition
MEMORANDUM by Robert B. Reich, U.S. Dept. of Labor in opposition to Motion of Wayne Muth, Ed Speary, Jason Nuss, Mike Warner, and Hiller Systems, Inc. for stay pending appeal. (mgra)
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Blank 18 Filed: 6/29/1993, Entered: 6/30/1993 Motion to Quash
MOTION by Hiller Systems, Inc., Mike Warner, Jason Nuss, Ed Speary, Wayne Muth to Quash Notice of Deposition and Subpoenas , and by Hiller Systems, Inc., Mike Warner, Jason Nuss, Ed Speary, Wayne Muth Motion to Stay pending appeal, and memorandum in support. (mgra)
LREF
Blank -- Filed: 6/25/1993, Entered: 6/25/1993 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Judgment and docket sheet to USCA: [17-1] appeal by Robert B. Reich. Conformed copy of notice of appeal to Guilford D. Ware and R. Gregory McNeer, Jr. Docketing statement and trans. purchase order forms to appellant. (clerk)
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Blank 17 Filed: 6/24/1993, Entered: 6/24/1993, Terminated: 10/5/1994 Notice of Appeal
NOTICE OF APPEAL by Robert B. Reich, Secretary of Labor. (clerk)
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Blank 16 Filed: 6/16/1993, Entered: 6/17/1993 Certificate of Completion
Certificaton of completion sent to USCA re: [14-1] appeal by Hiller Systems, Inc., Mike Warner, Randy Hughes, Jason Nuss, Ed Speary, Wayne Muth (bwin)
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Blank 15 Filed: 6/4/1993, Entered: 6/8/1993 Appeal Transcript Request
Transcript requested [14-1] appeal by Hiller Systems, Inc., Mike Warner, Randy Hughes, Jason Nuss, Ed Speary, Wayne Muth, on behalf of said appellants. (clerk)
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Blank -- Filed: 5/28/1993, Entered: 5/28/1993 Docket Annotation
Conformed copy of notice of appeal mailed to Anita K. Henry, Matthew J. Rieder, Geoffrey F. Birkhead. Docketing statement and transcript purchase order forms mailed to counsel for appellant. (clerk)
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Blank -- Filed: 5/28/1993, Entered: 5/28/1993 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Judgment and docket sheet to USCA: [14-1] appeal by Hiller Systems, Inc., Mike Warner, Randy Hughes, Jason Nuss, Ed Speary, Wayne Muth (clerk)
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Blank 14 Filed: 5/26/1993, Entered: 5/28/1993 Notice of Appeal
NOTICE OF APPEAL by Wayne Muth, Ed Speary, Jason Nuss, Randy Hughes, Mike Warner, Hiller Systems, Inc. . FILING FEE $ 105.00 RECEIPT # 5531 (clerk)
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Blank 13 Filed: 5/3/1993, Entered: 5/7/1993 Transcript
TRANSCRIPT of hearing before the Honorable Henry Coke Morgan, Jr., 4/16/93 (mwin)
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Blank 12 Filed: 4/29/1993, Entered: 4/29/1993 OrderCourt Filing
ORDER directing that the Secretary of Labor has jurisdiction to conduct his investigation; granting [3-1] motion by U.S. Dept. of Labor and Robert B. Reich to enforce subpoenas ad testificandum and supoenas duces tecum, and directing Wayne Muth, Ed Speary, Jason Nuss, Randy Hughes, Mike Warner, and Hiller systems, Incorporated to appear and give testimony before Charles T. Pope, Area Director, OSHA, U.S. Dept. of Labor, Room 835 Federal Building, 200 Granby Mall, Norfolk, Va., at a date and time to be agreed upon by counsel; denying [5-1] motion by U.S. Dept. of Labor and Robert B. Reich to disqualify counsel for respondents Ed Speary and Wayne Muth; each party to bear its own costs; deeming this order final; entered and filed 4/29/93 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 4/29/93 to counsel. O.B. (mwin)
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Blank -- Filed: 4/29/1993, Entered: 4/29/1993 Terminated Case
Case closed (mwin)
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Blank -- Filed: 4/29/1993, Entered: 4/29/1993 Utility - Miscellaneous
Miscellaneous Case # 2:93mc57 transferred to civil docket, Case No. 2:93cv372. Case assigned to Judge Henry C. Morgan Jr. (mwin)
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Blank -- Filed: 4/29/1993, Entered: 4/29/1993 Case Assigned/Reassigned
CASE assigned to Judge Henry C. Morgan Jr. (mwin)
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Blank -- Filed: 4/16/1993, Entered: 4/22/1993 Minutes-Miscellaneous
COURT PROCEEDINGS/Minute entry: HCM,jr., judge; H. Weiss (OCR). Anita Henry, Matthew Reider, and Maureen Russo on behalf of petitioners; William Birkhead on behalf of respondent, Randy Hughes; Guilford Ware and Melanie Fix on behalf of remaining respondents. Matter came on for hearing on order to show cause. Petitioner presented evidence and rested. No additional evidence presented. Arguments heard. Court stated ruling from bench: denying [5-1] motion by U.S. Dept. of Labor and Robert B. Reich to disqualify counsel for respondents Speary and Wayne Muth; granting [3-1] motion by U.S. Dept. of Labor and Robert B. Reich to enforce subpoenas ad testificandum and supoenas duces tecum. Counsel to prepare order. (clerk)
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Blank 11 Filed: 4/15/1993, Entered: 4/15/1993, Terminated: 4/29/1993 Response to Motion
RESPONSE by Randy Hughes to [3-1] petition by U.S. Dept. of Labor and Robert B. Reich to enforce subpoenas ad testificandum and subpoenas duces tecum, received (clerk) Modified on 04/29/1993
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Blank 10 Filed: 4/13/1993, Entered: 4/13/1993 Reply to Response to Motion
REPLY by Robert B. Reich and U.S. Dept. of Labor to response to [5-1] motion to disqualify counsel for respondents Ed Speary and Wayne Muth and [3-1] motion to enforce subpoenas ad testificandum and supoenas duces tecum, received. (clerk)
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Blank 9 Filed: 4/7/1993, Entered: 4/8/1993 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 9:00 a.m. on 4/16/93 for [5-1] motion by U.S. Dept. of Labor and Robert B. Reich to disqualify counsel for respondents Ed Speary and Wayne; and for [3-1] motion to enforce subpoenas ad testificandum and supoenas duces tecum . (clerk)
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Blank 8 Filed: 4/5/1993, Entered: 4/7/1993 Memorandum in Opposition
MEMORANDUM by Wayne Muth and Ed Speary in opposition to [5-1] motion to disqualify counsel for respondents Ed Speary and Wayne Muth by U.S. Dept. of Labor and Robert B. Reich, received. (clerk)
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Blank 7 Filed: 4/5/1993, Entered: 4/7/1993 Response to Motion
RESPONSE by Wayne Muth, Ed Speary, Jason Nuss, Mike Warner and Hiller Systems, Inc. to [3-1] motion to enforce subpoenas ad testificandum and supoenas duces tecum by U.S. Dept. of Labor and Robert B. Reich, received (clerk) Modified on 04/29/1993
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Blank 6 Filed: 3/25/1993, Entered: 3/25/1993 Affidavit
AFFIDAVIT of service on behalf of Beverly Kupke. (clerk)
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Blank 5 Filed: 3/24/1993, Entered: 3/25/1993 Motion for Miscellaneous Relief
MOTION by U.S. Dept. of Labor and Robert B. Reich to disqualify counsel for respondents Ed Speary and Wayne Muth . (clerk)
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Blank 4 Filed: 3/24/1993, Entered: 3/25/1993 Memorandum in Support
MEMORANDUM by Robert B. Reich and U.S. Dept. of Labor in support of [3-1] petition to enforce subpoenas ad testificandum and supoenas duces tecum, received. (clerk)
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Blank 3 Filed: 3/24/1993, Entered: 3/25/1993, Terminated: 4/29/1993 Motion for Miscellaneous Relief
PETITION by U.S. Dept. of Labor and Robert B. Reich to enforce subpoenas ad testificandum and supoenas duces tecum . (clerk)
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Blank 2 Filed: 3/24/1993, Entered: 3/25/1993 OrderCourt Filing
ORDER granting [1-1] motion by U.S. Dept. of Labor and Robert B. Reich to Appoint Special Process Server; Beverly Kupke is hereby appointed to serve upon respondents, etc.; further ordered that proof of service shall be made by affidavit, etc.; entered and filed on Mar. 24, 1993 ( signed by Magistrate Judge William T. Prince). Copy delivered to AUSA on 3/24/93. o.b. (clerk)
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Blank 1 Filed: 3/24/1993, Entered: 3/25/1993, Terminated: 3/24/1993 Motion for Miscellaneous Relief
MOTION by U.S. Dept. of Labor and Robert B. Reich to Appoint Special Process Server . (clerk)
LREF

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