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 109 |
Filed: 7/10/1998, Entered: 7/14/1998 |
Order |
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ORDER denying [108-1] motion by Wall, Charles R., McCloud, D.G., Baker, W.W., Beane, M.E. for clarification of final orders; entered and filed 7/10/98 ( signed by Judge Raymond A. Jackson ) Copies Mailed: and faxed 7/10/98. (clerk)
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| 108 |
Filed: 6/25/1998, Entered: 6/30/1998, Terminated: 7/10/1998 |
Motion for Miscellaneous Relief |
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MOTION with Memorandum in Support by Wall, Charles R., McCloud, D.G., Baker, W.W., Beane, M.E. for clarification of final orders (ariv)
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| 107 |
Filed: 6/19/1998, Entered: 6/30/1998 |
Memorandum in Support |
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MEMORANDUM in support of [106-1] motion for clarification of final orders by Van Auken, G. M., received. (ariv)
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| 106 |
Filed: 6/19/1998, Entered: 6/30/1998 |
Motion for Miscellaneous Relief |
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MOTION by Van Auken, G. M. for clarification of final orders (ariv)
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| -- |
Filed: 6/19/1998, Entered: 6/30/1998 |
Set/Reset Deadlines: |
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Deadline updated; Response to Motion reset to 7/6/98 for [106-1] motion by Van Auken, G. M. for clarification of final orders (ariv)
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| 105 |
Filed: 6/24/1997, Entered: 6/26/1997 |
Judgment* |
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JUDGMENT on decision by the Court that the case is hereby DISMISSED without prejudice to plaintiff's re-filing the state law claim in state court, entered by the Clerk and filed 6/24/97. OB. Copies Mailed: 6/24/97 (clerk)
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| 104 |
Filed: 6/24/1997, Entered: 6/26/1997 |
Order |
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ORDER Dismissing this case without prejudice to plaintiff's re-filing the state law claim in state court , entered and filed 6/24/97 (signed by Judge Raymond A. Jackson) Copies Mailed: 6/24/97 (clerk)
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| -- |
Filed: 6/24/1997, Entered: 6/26/1997 |
Permanent Record |
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Permanent Record (clerk)
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| -- |
Filed: 6/16/1997, Entered: 6/16/1997 |
Minutes-Miscellaneous |
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Minute entry: HEARING PROCEEDINGS: RAJ, j.; Sharon Borden, OCR; appearances: Abram W. VanderMeer, Jr. and Timothy W. Dorsey on behalf of pltf; Richard J. Beaver and L. Steven Emmert on behalf of defts; matter came on for hearing on motion by Virginia Beach, City to dismiss; arguments heard; rebuttal heard; court takes matter under advisement. (jtho)
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| -- |
Filed: 6/16/1997, Entered: 6/16/1997 |
Motion Hearing |
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Motion hearing held re: [100-1] motion by Virginia Beach, City to Dismiss by Virginia Beach, City (jtho)
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| -- |
Filed: 5/29/1997, Entered: 5/30/1997 |
Motion Hearing |
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Motion hearing re: [100-1] motion by Virginia Beach, City to Dismiss set at 10:00 a.m. on 6/16/97 (clerk)
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| 103 |
Filed: 5/28/1997, Entered: 5/30/1997 |
Reply to Response to Motion |
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REPLY by Virginia Beach, City to response to [100-1] motion by Virginia Beach, City to Dismiss by Virginia Beach, City (clerk)
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| 102 |
Filed: 5/20/1997, Entered: 5/30/1997 |
Memorandum in Opposition |
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MEMORANDUM by Brendhan B. Harris in opposition to [100-1] motion by Virginia Beach, City to Dismiss by Virginia Beach, City (clerk)
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| 101 |
Filed: 5/8/1997, Entered: 5/8/1997 |
Memorandum in Support |
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MEMORANDUM by Virginia Beach, City in support of [100-1] motion by Virginia Beach, City to Dismiss by Virginia Beach, City (clerk)
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| 100 |
Filed: 5/8/1997, Entered: 5/8/1997, Terminated: 6/24/1997 |
Motion to Dismiss |
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MOTION by Virginia Beach, City to Dismiss (clerk)
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| 99 |
Filed: 4/24/1997, Entered: 4/29/1997 |
USCA Judgment |
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JUDGMENT OF USCA (certified copy) Re: [96-1] appeal by Virginia Beach, City, reversing the judgment of the District Court and remanding the case. (clerk)
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| 98 |
Filed: 4/24/1997, Entered: 4/29/1997 |
USCA Mandate |
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Opinion of USCA re: [96-1] appeal by Virginia Beach, City (clerk)
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| 97 |
Filed: 4/2/1997, Entered: 4/2/1997 |
USCA Mandate |
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Opinion of USCA re: [96-1] appeal by Virginia Beach, City (clerk)
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| -- |
Filed: 7/12/1996, Entered: 7/15/1996 |
Certificate of Completion |
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Certification of completion sent to USCA re: [96-1] appeal by Virginia Beach, City (bwin)
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| -- |
Filed: 6/12/1996, Entered: 6/12/1996, Terminated: 6/24/1997 |
USCA Case Number |
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USCA Case Number Re: [96-1] appeal by Virginia Beach, City CASE MANAGER: Jean St. John USCA NUMBER: 96-1743 (mgra)
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| 96 |
Filed: 5/24/1996, Entered: 5/24/1996, Terminated: 6/24/1997 |
Notice of Appeal |
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NOTICE OF APPEAL by Virginia Beach, City . FILING FEE $105.00 RECEIPT # 11759 (danc)
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| -- |
Filed: 5/24/1996, Entered: 5/24/1996, Terminated: 6/24/1997 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Appeal, Judgment filed April 29, 1996, Order filed April 29, 1996, transmital sheet and docket sheet to USCA; Copy of notice of appeal, docketing statement, transcript order, receipt for $105.00 and docket sheet to L. Steven Emmert, counsel for City of Virginia Beach, copy of notice of appeal to all counsel of record, [96-1] appeal by Virginia Beach, City (danc)
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| 95 |
Filed: 5/3/1996, Entered: 5/3/1996 |
Docket Annotation |
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Notice from USCA that Supreme Court order was filed on April 29, 1996, denying certiorari, received. (danc)
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| 94 |
Filed: 4/29/1996, Entered: 4/29/1996 |
Judgment* |
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JUDGMENT ordering and adjudging that plaintiff's motion to stay the mandate is denied; that the previous judgment entered on Count I is hereby vacated and that Count I is hereby dismissed; that defendant's motion to dismiss Count II and its motion for a new trial is denied; further that judgment in favor of plaintiff of Count II remains as previously entered by this Court on August 3, 1994 and November 4, 1994 Copies Mailed: 04/29/96 O.B. (clerk)
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| 93 |
Filed: 4/29/1996, Entered: 4/29/1996 |
Order |
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ORDER denying plaintiff's motion to stay the mandate; vacating the judgment entered on Count I and dismissing Count I; denying [85-1] motion by Virginia Beach, City to Dismiss Count II of this action; denying [53-2] motion by Virginia Beach, City for New Trial; further that judgment in favor of plaintiff on Count Ii remains as previously entered by this Court as specified in order (see prder for specifics); entered and filed April 29, 1996 (signed by Judge Raymond A. Jackson) Copies Mailed: 04/29/96 (clerk)
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| -- |
Filed: 4/29/1996, Entered: 4/29/1996 |
Terminated Case |
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Case closed (clerk)
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| 92 |
Filed: 3/22/1996, Entered: 3/27/1996 |
Docket Annotation |
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Letter from counsel for plaintiff re objections to jury instructions, filed at Court's request (clerk)
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| 91 |
Filed: 3/22/1996, Entered: 3/27/1996 |
Docket Annotation |
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Letter from counsel for defendant re objections to jury instructions, filed at Court's request (clerk)
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| -- |
Filed: 3/21/1996, Entered: 3/26/1996 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS: Minute entry: RAJ, Judge. Sharon Borden, Ct. Reporter. Counsel appeared. Matter came on for hearing on plaintiff's motion to stay mandate and defendant's motion to dismiss count 2. Arguments heard. Court denied plaintiff's motion to stay mandate, ruling in the record (denying [82-1] motion by Brendhan B. Harris to Stay Mandate pending disposition of petition for writ of certiorari to the United States Supreme Court). Court withheld ruling re defendant's motion to dismiss count 2. Court adjourned. (clerk)
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| -- |
Filed: 3/21/1996, Entered: 3/26/1996 |
Motion Hearing |
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Motion hearing held re: [85-1] motion by Virginia Beach, City to Dismiss Count II of this action, [82-1] motion by Brendhan B. Harris to Stay Mandate pending disposition of petition for writ of certiorari to the United States Supreme Court (clerk)
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| 90 |
Filed: 3/15/1996, Entered: 3/15/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 2:00 3/21/96 for [85-1] motion by Virginia Beach, City to Dismiss Count II of this action, set for 2:00 3/21/96 for [82-1] motion by Brendhan B. Harris to Stay Mandate pending disposition of petition for writ of certiorari to the United States Supreme Court (clerk)
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| -- |
Filed: 3/12/1996, Entered: 3/13/1996 |
Motion Hearing |
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Motion hearing re: [85-1] motion by Virginia Beach, City to Dismiss Count II of this actiona set at 2:00 p.m. 3/21/96, [82-1] motion by Brendhan B. Harris to Stay Mandate pending disposition of petition for writ of certiorari to the United States Supreme Court set at 2:00 p.m. 3/21/96 (clerk)
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| 89 |
Filed: 3/6/1996, Entered: 3/11/1996 |
Docket Annotation |
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Notice from the USCA stating that they have received notice from the Supreme Court that a petition for writ of certiroari has been filed in this case. (mgra)
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| 88 |
Filed: 3/6/1996, Entered: 3/7/1996 |
Reply to Response to Motion |
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REPLY by City of Virginia Beach to response to [85-1] motion by City of Virginia Beach to Dismiss Count II of this action, received. (afor)
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| 87 |
Filed: 2/27/1996, Entered: 2/29/1996 |
Memorandum in Opposition |
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MEMORANDUM by Brendhan B. Harris in opposition to [85-1] motion by Virginia Beach, City to Dismiss Count II of this action, received (clerk)
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| 86 |
Filed: 2/20/1996, Entered: 2/21/1996 |
Memorandum in Support |
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MEMORANDUM by Virginia Beach, City in support of [85-1] motion by Virginia Beach, City to Dismiss Count II of this action, received (clerk)
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| 85 |
Filed: 2/20/1996, Entered: 2/21/1996, Terminated: 4/29/1996 |
Motion to Dismiss |
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MOTION by Virginia Beach, City to Dismiss Count II of this actiona (clerk)
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| 84 |
Filed: 2/20/1996, Entered: 2/21/1996 |
Memorandum in Opposition |
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MEMORANDUM by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore in opposition to [82-1] motion by Brendhan B. Harris to Stay Mandate pending disposition of petition for writ of certiorari to the United States Supreme Court, received (clerk)
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| 83 |
Filed: 2/9/1996, Entered: 2/14/1996 |
Memorandum in Support |
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MEMORANDUM by Brendhan B. Harris in support of [82-1] motion by Brendhan B. Harris to Stay Mandate pending disposition of petition for writ of certiorari to the United States Supreme Court, received (clerk)
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| 82 |
Filed: 2/9/1996, Entered: 2/14/1996 |
Motion to Stay |
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MOTION by Brendhan B. Harris to Stay Mandate pending disposition of petition for writ of certiorari to the United States Supreme Court (clerk)
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| 81 |
Filed: 12/7/1995, Entered: 12/8/1995 |
Docket Annotation |
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Bill of Costs from USCA. (mgra)
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| 80 |
Filed: 12/7/1995, Entered: 12/8/1995 |
USCA Judgment |
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JUDGMENT OF USCA (certified copy) stating that the Court reverses the judgment of the District Court and remands the matter to the District Court for further proceedings not inconsistent with this opinion, Re: [74-1] appeal by Brendhan B. Harris, [73-1] appeal by Virginia Beach, City, [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City. o.b. (mgra)
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| 79 |
Filed: 12/7/1995, Entered: 12/8/1995 |
USCA Mandate |
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Opinion of USCA re: [74-1] appeal by Brendhan B. Harris, [73-1] appeal by Virginia Beach, City, [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City (mgra)
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Filed: 12/7/1995, Entered: 12/12/1995 |
Case Reopened |
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Case reopened (clerk)
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| -- |
Filed: 12/7/1995, Entered: 12/8/1995 |
Appeal Record Returned |
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Record on Appeal returned from U.S. Court of Appeals: [74-1] appeal, [73-1] appeal, [62-1] appeal, [56-1] appeal. (mgra)
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| 78 |
Filed: 11/1/1995, Entered: 11/1/1995 |
USCA Mandate |
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Opinion of USCA re: [74-1] appeal by Brendhan B. Harris, [73-1] appeal by Virginia Beach, City, [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City (mgra)
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Filed: 8/31/1995, Entered: 9/1/1995 |
Initial Paper Record Transmitted to 4CCA |
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Certified and transmitted Record on Appeal to U.S. Court of Appeals: [74-1] appeal by Brendhan B. Harris, [73-1] appeal by Virginia Beach, City, [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City (danc)
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| 77 |
Filed: 3/20/1995, Entered: 3/30/1995 |
Memorandum in Support |
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MEMORANDUM by Brendhan B. Harris in support of [76-1] motion by Brendhan B. Harris for Attorney Fees and non-taxable costs, received (clerk)
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| 76 |
Filed: 3/20/1995, Entered: 3/30/1995 |
Motion for Attorney Fees |
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AMENDED MOTION by Brendhan B. Harris for Attorney Fees and non-taxable costs (clerk)
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| 75 |
Filed: 12/2/1994, Entered: 12/2/1994 |
Certificate of Completion |
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Certificaton of completion sent to USCA re: [74-1] appeal by Brendhan B. Harris, [73-1] appeal by Virginia Beach, City, [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City (bwin)
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Filed: 12/1/1994, Entered: 12/1/1994, Terminated: 4/29/1996 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Amended Notice of Cross-Appeal, transmittal notices and docket sheet to USCA; copy of amended notice of cross-appeal mailed to A.W. Vandermeer, Jr., Esq.; copy of amended notice of cross-appeal mailed to all counsel of record, [74-1] appeal by Brendhan B. Harris (mgra)
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| 74 |
Filed: 11/30/1994, Entered: 12/1/1994 |
Notice of Appeal |
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AMENDED NOTICE OF CROSS-APPEAL by Brendhan B. Harris . (mgra)
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Filed: 11/25/1994, Entered: 11/25/1994, Terminated: 4/29/1996 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Amended Notice of Appeal, Judgment filed November 4, 1994, transmittal notice and docket sheet to USCA; copy of amended notice of appeal, docketing statement, & transcript order to L. Steven Emmert, Esq.; copy of notice of appeal to all counsel of record, [73-1] appeal by Virginia Beach, City (danc)
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| 73 |
Filed: 11/21/1994, Entered: 11/25/1994 |
Notice of Appeal |
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AMENDED NOTICE OF APPEAL by Virginia Beach, City . (danc)
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| 72 |
Filed: 11/4/1994, Entered: 11/7/1994 |
Judgment* |
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JUDGMENT in a civil case ordering and adjudging that defendants' motion for judgment notwithstanding the verdict is denied; that the punitive damages award against the City of Virginia Beach is vacated; further that the award for loss of professional opportunity is reduced to present value and the sum of $99,188.00 is awarded to plaintiff; entered and filed November 4, 1994 Copies Mailed: 11/04/94 O.B. (clerk)
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| 71 |
Filed: 11/4/1994, Entered: 11/4/1994 |
Memorandum and Opinion |
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MEMORANDUM OPINION denying defendants motion for judgment notwithstanding the verdict; vacating the punitive damages award against the City; reducing the award for loss of professional opportunity to present value, thereby awarding plaintiff the sum of $99,188.00; entered and filed November 4, 1994 (signed by Judge Raymond A. Jackson) Copies Mailed: 11/04/94 (clerk)
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| -- |
Filed: 9/29/1994, Entered: 11/8/1994 |
Certificate of Completion |
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Certificaton of completion sent to USCA re: [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City (mgra) Modified on 11/08/1994
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Filed: 9/27/1994, Entered: 9/27/1994 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS: Minute entry: RAJ, Judge. Gloria Meals, Ct. Reporter. Counsel appeared. Matter came on for hearing on post trial motions. Arguments heard. Court takes matter under advisement ([57-1] motion by Brendhan B. Harris for attorney fees under advisement, [57-2] motion by Brendhan Harris for non-taxable costs under advisement, [53-1] by Virginia Beach, City for Judgment as a matter of law under advisement, [53-2] motion by Virginia Beach, City for New Trial under advisement) (clerk)
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Filed: 9/27/1994, Entered: 9/27/1994 |
Motion Hearing |
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Motion hearing held re: [57-1] motion by Brendhan B. Harris for attorney fees, [57-2] motion by Brendhan B. Harris for non-taxable costs, [53-1] motion by Virginia Beach, City for Judgment as a matter of law, [53-2] motion by Virginia Beach, City for New Trial (clerk)
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| 70 |
Filed: 9/22/1994, Entered: 9/23/1994 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 11:00 a.m. 9/27/94 for [53-1] motion by Virginia Beach, City for Judgment as a matter of law; set for 11:00 a.m. 9/27/94 for [53-2] motion by Virginia Beach, City for New Trial (clerk)
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| 69 |
Filed: 9/12/1994, Entered: 9/20/1994 |
Memorandum in Opposition |
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MEMORANDUM by Virginia Beach, City in opposition to [57-1] motion by Brendhan B. Harris for attorney fees, received (clerk)
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| 68 |
Filed: 9/6/1994, Entered: 9/6/1994 |
Appeal Transcript |
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TRANSCRIPT filed [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City for dates of July 28, 1994 before the Honorable Raymond A. Jackson. (mgra)
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| 67 |
Filed: 9/6/1994, Entered: 9/6/1994 |
Appeal Transcript |
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TRANSCRIPT filed [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City for dates of July 25, 1994 before the Honorable Raymond A. Jackson. (mgra)
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| 66 |
Filed: 9/6/1994, Entered: 9/6/1994 |
Appeal Transcript |
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TRANSCRIPT filed [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City for dates of July 22, 1994 before the Honorable Raymond A. Jackson. (mgra)
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| 65 |
Filed: 9/6/1994, Entered: 9/6/1994 |
Appeal Transcript |
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TRANSCRIPT filed [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City for dates of July 21, 1994 before the Honorable Raymond A. Jackson. (mgra)
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| 64 |
Filed: 9/6/1994, Entered: 9/6/1994 |
Appeal Transcript |
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TRANSCRIPT filed [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City for dates of July 20, 1994 before the Honorable Raymond A. Jackson. (mgra)
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| 63 |
Filed: 9/6/1994, Entered: 9/6/1994 |
Appeal Transcript |
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TRANSCRIPT filed [62-1] appeal by Brendhan B. Harris, [56-1] appeal by Virginia Beach, City for dates of July 19, 1994 before the Honorable Raymond A. Jackson. (mgra)
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Filed: 8/31/1994, Entered: 8/31/1994 |
Filing Fee Received |
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Filing Fee Paid; FILING FEE $ 105.00 RECEIPT # 8423 (mgra)
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Filed: 8/30/1994, Entered: 8/30/1994, Terminated: 4/29/1996 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Cross-Appeal, transmittal notices and docket sheet to USCA; copy of notice of cross-appeal and docketing statement mailed to A. W. Vandermeer, Jr., Esq.; copy of notice of cross-appeal mailed to all counsel of record, [62-1] appeal by Brendhan B. Harris. (mgra)
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| 62 |
Filed: 8/29/1994, Entered: 8/30/1994 |
Notice of Appeal |
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NOTICE OF CROSS-APPEAL by Brendhan B. Harris . (mgra)
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| 61 |
Filed: 8/29/1994, Entered: 8/30/1994 |
Affidavit |
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AFFIDAVIT of Barry Dorans Re: [57-1] motion by Brendhan B. Harris for attorney fees by Brendhan B. Harris, [57-2] motion by Brendhan B. Harris for non-taxable costs by Brendhan B. Harris. (clerk)
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| 60 |
Filed: 8/29/1994, Entered: 8/30/1994 |
Affidavit |
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AFFIDAVIT of Jerrold G. Weinberg Re: [57-1] motion by Brendhan B. Harris for attorney fees by Brendhan B. Harris, [57-2] motion by Brendhan B. Harris for non-taxable costs by Brendhan B. Harris. (clerk)
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| 59 |
Filed: 8/29/1994, Entered: 8/30/1994 |
Affidavit |
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AFFIDAVIT of A. W. VanderMeer, Jr., Re: [57-1] motion by Brendhan B. Harris for attorney fees by Brendhan B. Harris, [57-2] motion by Brendhan B. Harris for non-taxable costs by Brendhan B. Harris. (clerk)
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| 58 |
Filed: 8/29/1994, Entered: 8/30/1994 |
Memorandum in Support |
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MEMORANDUM by Brendhan B. Harris in support of [57-1] motion by Brendhan B. Harris for attorney fees by Brendhan B. Harris, [57-2] motion by Brendhan B. Harris for non-taxable costs by Brendhan B. Harris. (clerk)
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| 57 |
Filed: 8/29/1994, Entered: 8/30/1994 |
Motion for Attorney Fees |
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MOTION by Brendhan B. Harris for attorney fees , and by Brendhan B. Harris for non-taxable costs . (clerk)
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Filed: 8/26/1994, Entered: 8/26/1994 |
Filing Fee Received |
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Filing Fee Paid; FILING FEE $ 105.00 RECEIPT # 8407 (mgra)
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| 56 |
Filed: 8/24/1994, Entered: 8/24/1994, Terminated: 12/7/1995 |
Notice of Appeal |
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NOTICE OF APPEAL by Virginia Beach, City . (mgra)
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Filed: 8/24/1994, Entered: 8/24/1994, Terminated: 4/29/1996 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Appeal, Judgment filed July 29, 1994, Amended Judgment filed August 3, 1994, transmittal notices and docket sheet to USCA; copy of notice of appeal, docketing statement, transcript order to Charles B. Miller, Esq.; copy of notice of appeal to all counsel of record, [56-1] appeal by Virginia Beach, City (mgra)
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| 55 |
Filed: 8/23/1994, Entered: 8/24/1994 |
Memorandum in Opposition |
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MEMORANDUM by Brendhan B. Harris in opposition to [53-1] motion by Virginia Beach, City for Judgment as a matter of law. (clerk)
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| -- |
Filed: 8/15/1994, Entered: 8/16/1994 |
Docket Annotation |
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ATTACHMENTS to brief in support of the motion for judgment as a matter of law, filed on behalf of the City of Virginia Beach, received. (clerk)
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| 54 |
Filed: 8/12/1994, Entered: 8/12/1994 |
Memorandum in Support |
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MEMORANDUM by Virginia Beach, City in support of [53-1] motion by Virginia Beach, City for Judgment as a matter of law by Virginia Beach, City, [53-2] or in the alternative a motion by Virginia Beach, City for New Trial by Virginia Beach, City. (clerk)
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| 53 |
Filed: 8/11/1994, Entered: 8/12/1994 |
Motion for Judgment notwithstanding the verdict |
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MOTION by Virginia Beach, City for Judgment as a matter of law pursuant to FRCivP 50, or in the alternative for, by Virginia Beach, City for New Trial . (clerk)
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| 52 |
Filed: 8/9/1994, Entered: 8/10/1994 |
Bill of Costs |
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BILL OF COSTS for Brendhan B. Harris (clerk)
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| 51 |
Filed: 8/3/1994, Entered: 8/5/1994 |
Judgment* |
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AMENDED JUDGMENT for Brendhan B. Harris against the City of Virginia Beach, denying motion to set aside the punitive damages against the City of Virginia Beach; setting aside punitive damages in the amount of $100 against each individual defendant; granting plaintiff against the City of Virginia Beach: damages of $41,712.00, back pay of $43,000.00, loss of professional opportunity of $125,000.00, punitive damages of $200,000.00, and reasonable attorney fees; further directing that the City of Virginia Beach immediately: reinstate plaintiff with the Virginia Beach Police Department to the rank and position held before his termination, to be elgible for Master Police Officer, restore any benefits due, expunge plaintiff's personnel records, and to allow plaintiff to sit for the Sergeant's Examination at the appropriate time, entered and filed August 3, 1994, nunc pro tunc as of July 29, 1994. ( signed by Judge Raymond A. Jackson ) Copies 08/03/94. o.b. (clerk)
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| 50 |
Filed: 8/2/1994, Entered: 8/4/1994 |
Motion to Amend/Correct |
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MOTION by Brendhan B. Harris to amend [49-1] judgment order (clerk)
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| 49 |
Filed: 7/29/1994, Entered: 8/1/1994 |
Judgment* |
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JUDGMENT denying motion to set aside punitive damages against he City of Virginia Beach and setting aside the $100.00 punitive damages awards against defendants, Lt. G.M. VAn Auken, III; Capt. M.E. Beane; Capt. W.W. baker; Maj. D.G. McCloud; Chief Charles R. Wall; Fagan D. Stackhouse; and James K. Spore; and further granting judgment to Brendhan B. Harris against Virginia Beach, City damages in the amount of $41,712; backpay in the sum of $43,000; punitive damages in the sum of $200,000; and reasonable attorney fees; the City of Virginia Beach to immediately: reinstate the plaintiff with the Virginia Beach Police Department to the rank and position held before his termination; to make plaintiff eligible for Master Police Officer; restore any benefits due; expunge plaintiff's personnel records and to allow plaintiff to set for the Sergeant's Examination at the appropriate time entered and filed July 29, 1994. o.b. ( signed by Judge Raymond A. Jackson ) Copies Mailed: 07/29/94 (clerk)
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| -- |
Filed: 7/29/1994, Entered: 8/1/1994 |
Terminated Case |
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Case closed (clerk)
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| -- |
Filed: 7/29/1994, Entered: 8/1/1994 |
Motion Hearing |
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Motion hearing held re: [47-1] motion by defendants to set aside Verdict by defendant. (clerk)
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| -- |
Filed: 7/28/1994, Entered: 8/1/1994 |
Minutes-Miscellaneous |
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TRIAL PROCEEDINGS: RAJ, judge. Sharon Borden, reptr. counsel appeared with parties. Came on for court's ruling on the third prong of the Connick Analysis. Ruling made from the bench with reasons stated on the record. Court finds City of Virginia Beach liable on Court I of the complaint and awards back pay on Count 2 against the City of Virginia Beach. Court orders immediate reinstatement of plaintiff with the Virginia Beach Police Department and awards other benefits. Reasonsable attorney fees awarded to plaintiff in an amount to be determined by the court at a later time. Motion to set aside punitive damages verdict against the City of Virginia Beach argued. Court denied moton. Court struck the $100 punitive damages award against all the individual defendants listed on the verdict. Court directed the clerk to enter judgment. Court adjourned. Virginia (clerk)
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| 47 |
Filed: 7/27/1994, Entered: 7/27/1994, Terminated: 7/29/1994 |
Motion to Set Aside Verdict |
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MOTION by defendants to set aside Verdict for punitive damages. (clerk) Modified on 07/27/1994
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| 48 |
Filed: 7/25/1994, Entered: 7/29/1994 |
Order |
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ORDER that the jurors in this case have been sequestered; that the United States Marshal furnish them meals at the expense of the United States, submitting the bill to the Clerk of this Court for payment, entered and filed 7/25/94, ( signed by Judge Raymond A. Jackson ). Certified copy to Jury Clerk on 7/26/94. (clerk)
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| 46 |
Filed: 7/25/1994, Entered: 7/27/1994 |
Jury Verdict |
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INTERROGATORY JURY VERDICT (clerk)
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| 45 |
Filed: 7/25/1994, Entered: 7/27/1994 |
Trial Brief |
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TRIAL BRIEF by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore, filed in open court. (clerk)
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| -- |
Filed: 7/25/1994, Entered: 7/27/1994 |
Minutes-Miscellaneous |
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JURY TRIAL CONTINUATION: Counsel and parties appeared pursuant to adjournment of Friday. Court ruled from the bench. Court dismissed Count 1 (as to qualified immunity) to individual capacity defendants. Ruling stated into the record. Court DENIED plaintiffs' motion to enter judgment (re. Rule 50). Ruling stated in record. Court adjourned to chambers to go over the jury instructions. (Defendants' trial memorandum received and filed in open court). Jurors appeared. Final arugments heard. Jury received court's instructions and retired to begin their deliberation. Sometime later the jury returned with an interrogatory verdict. Jurors were polled and all answered in the affirmative. Jurors wqere excused subject to call. (Clerk not to enter judgment per Judge Jackson). Hearing set for July 28, 1994, at 3:090 p.m. regarding request for equitable relief and any motion. (clerk)
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| -- |
Filed: 7/22/1994, Entered: 7/27/1994 |
Minutes-Miscellaneous |
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JURY TRIAL CONTINUATION: Petit jurors and parties appeared pursuant to adjournment of yesterday. Defendant resumed presentation of evidence and rested. No rebuttal. Plaintiff moved, out of the prsence of the jury, to enter judgment. Argued. Defendants moved to dismiss defendants's re. qualified immunity. Argued. Court takes motions under advisement. Jurors were excused until Monday, July 25, 1994, at 10 a.m. Counsel excused until Monday at 8:30 a.m. 10:00 a.m. (clerk)
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| -- |
Filed: 7/21/1994, Entered: 7/27/1994 |
Minutes-Miscellaneous |
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JURY TRIAL CONTINUATION: Jurors, parties and counsel appeared pursuant to adjournment of yesterday. Plaintiff resumed presentation of evidence and rested. Out of the presence of the jury, defendant moved for judgment as a matter of law. Argued. Court DENIED motion. Defendant presented evidence in part. Jurors and parties were excused until tomorrow morning at 10:00 a.m. (clerk)
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| -- |
Filed: 7/20/1994, Entered: 7/27/1994 |
Minutes-Miscellaneous |
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JURY TRIAL CONTINUATION: Jurors, parties, and counsel appeared pursuant to adjournment of yesterday. Plaintiff resumed presentation of evidence in part. Jurors and parties were excused until tomorrow morning at 9:00 a.m. (clerk)
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| -- |
Filed: 7/19/1994, Entered: 7/27/1994 |
Case Assigned/Reassigned |
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CASE assigned to Judge Raymond A. Jackson. (clerk)
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| -- |
Filed: 7/19/1994, Entered: 7/27/1994 |
Jury Trial Begun |
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Jury Trial held (clerk)
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| -- |
Filed: 7/19/1994, Entered: 7/27/1994 |
Minutes-Miscellaneous |
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JURY TRIAL: RAJ, judge. Sharon Bordon, reptr. Counsel and parties appeared to argue pretrial motions. Court ruled from the bench affirming the magistrate judge's decision (denying [41-1] objection). Rulings stated into the record. Petit jurors appeared, were sworn on their voir dire, a jury was selected and sworn. Jurors not selected were excused subject to call. Witnesses excluded from the courtrooom. Opening statements heard. Plaintiff presented evidence in part. Jurors and parties were excused until tomorrow morning at 10:00 a.m. (clerk)
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| 44 |
Filed: 7/14/1994, Entered: 7/14/1994, Terminated: 7/29/1994 |
Motion for Miscellaneous Relief |
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OBJECTIONS to defendants' jury instructions by Brendhan B. Harris (clerk)
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| 43 |
Filed: 7/7/1994, Entered: 7/12/1994 |
Order |
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ORDER, Extending Time to and including July 15, 1994, for plaintiff to serve disclosure report of his expert witness, Glen Murphy, entered and filed July 7, 1994. ( signed by Judge Raymond A. Jackson ) Copies Mailed: 07/08/94 (clerk)
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| 42 |
Filed: 7/7/1994, Entered: 7/7/1994, Terminated: 7/29/1994 |
Response in Opposition to Motion |
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RESPONSE by Brendhan B. Harris in opposition to [41-1] objection by defendantssssss (clerk)
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| 41 |
Filed: 6/28/1994, Entered: 6/30/1994 |
Objection |
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OBJECTION by defendant Van Auken, G. M., defendant Beane, M.E., defendant Baker, W.W., defendant McCloud, D.G., defendant Wall, Charles R., defendant Fagan D. Stackhouse, defendant James K. Spore to [40-1] order. (clerk)
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| 40 |
Filed: 6/24/1994, Entered: 6/27/1994 |
Order |
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ORDER finding that the [31-1] motion by defendants for Summary Judgment in this case have not been filed within a reasonable time prior to the trial date to allow the Court to reasonably consider the issues involved, in violation of Local Rule 11(G) entered and filed 06/24/94. ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 06/24/94 (clerk)
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| 39 |
Filed: 6/24/1994, Entered: 6/27/1994 |
Order |
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FINIAL PRETRIAL ORDER; court denies plaintiff's objections to witness Carroll Buracker and directs defendant to supply expert report by June 29, 1994; plaintiff must supply expert report by July 12, 1994, entered and filed June 24, 1994. ( signed by Magistrate Judge Tommy E. Miller ) Entered in presence of counsel (clerk)
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| 38 |
Filed: 6/13/1994, Entered: 6/14/1994 |
Reply to Response to Motion |
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REPLY by Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore to response to [33-1] motion by Van Auken, Beane, Baker, McCloud, Wall, Stackhouse and Spore for Summary Judgment of Count II (clerk)
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| 37 |
Filed: 6/10/1994, Entered: 6/13/1994 |
Reply to Response to Motion |
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REPLY by Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore to response to [33-1] motion by Van Auken, Beane, Baker, McCloud, Wall, Stackhouse and Spore for Summary Judgment of Count II, received (clerk)
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| 36 |
Filed: 6/6/1994, Entered: 6/8/1994 |
Memorandum in Opposition |
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MEMORANDUM by Brendhan B. Harris in opposition to [31-1] motion by defendants for Summary Judgment, received (clerk)
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| 35 |
Filed: 6/6/1994, Entered: 6/8/1994 |
Memorandum in Opposition |
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MEMORANDUM by Brendhan B. Harris in opposition to [33-1] motion by Van Auken, Beane, Baker, McCloud, Wall, Stackhouse and Spore for Summary Judgment of Count II, received (clerk)
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| 34 |
Filed: 5/27/1994, Entered: 5/31/1994 |
Memorandum in Support |
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MEMORANDUM by Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore in support of [33-1] motion by Van Auken, Beane, Baker, McCloud, Wall, Stackhouse and Spore for Summary Judgment of Count II, received (clerk)
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| 33 |
Filed: 5/27/1994, Entered: 5/31/1994 |
Motion for Summary Judgment |
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MOTION by Van Auken, Beane, Baker, McCloud, Wall, Stackhouse and Spore for Summary Judgment of Count II (clerk)
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| 32 |
Filed: 5/25/1994, Entered: 5/31/1994 |
Memorandum in Support |
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MEMORANDUM by Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore in support of [31-1] motion by defendants for Summary Judgment, received (clerk)
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| 31 |
Filed: 5/25/1994, Entered: 5/31/1994 |
Motion for Summary Judgment |
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MOTION by defendants for Summary Judgment (clerk)
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| 30 |
Filed: 5/13/1994, Entered: 5/13/1994 |
Order |
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ORDER denying defendants' motions for summary judgment; denying [10-1] motion by Brendhan B. Harris for Leave to File third amended complaint; denying [8-1] motion by Brendhan B. Harris for Leave to File second amended complaint; entered and filed May 13, 1994 (signed by Judge Raymond A. Jackson) Copies Mailed: 05/13/94 (clerk) Modified on 05/13/1994
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| 29 |
Filed: 5/11/1994, Entered: 5/11/1994 |
Transcript |
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TRANSCRIPT of proceedings for dates of April 22, 1994 (clerk)
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| 28 |
Filed: 5/10/1994, Entered: 5/11/1994 |
Notice |
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NOTICE by defendants to take deposition of Lucian Colley and Robert W. Mathieson (clerk)
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| -- |
Filed: 4/22/1994, Entered: 4/22/1994 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS: Minute entry: RAJ, Judge. Sharon Borden, Ct. Reporter. Counsel appeared. Matter came on for hearing on defendant's motion for summary judgment. Arguments heard. Plaintiff's oral motion for summary judgment made. Rebuttal. Court ruled from the bench denying defendants' motion for summary judgment (denying [17-1] motion by defendants for Summary Judgment). Court reserves the right to expend or supplement it's decision. Matter then came on for plaintiff's motion for leave to file amended complaints. Arguments heard. Rebuttal. Court takes matter under advisement ([10-1] motion by Brendhan B. Harris for Leave to File third amended complaint under advisement, [8-1] motion by Brendhan B. Harris for Leave to File second amended complaint under advisement). (clerk)
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| -- |
Filed: 4/22/1994, Entered: 4/22/1994 |
Motion Hearing |
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Motion hearing held re: [17-1] motion by defendants for Summary Judgment, [10-1] motion by Brendhan B. Harris for Leave to File third amended complaint, [8-1] motion by Brendhan B. Harris for Leave to File second amended complaint (clerk)
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| 27 |
Filed: 4/21/1994, Entered: 4/22/1994 |
Memorandum in Support |
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MEMORANDUM by Brendhan B. Harris in support of [26-1] motion by Brendhan B. Harris for Leave to File supplemental memorandum in opposition to motion for summary judgment, received (clerk)
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| 26 |
Filed: 4/21/1994, Entered: 4/22/1994 |
Motion for Leave to File |
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MOTION by Brendhan B. Harris for Leave to File supplemental memorandum in opposition to motion for summary judgment (clerk)
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| -- |
Filed: 4/13/1994, Entered: 4/13/1994 |
Motion Hearing |
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Motion hearing re: [17-1] motion by defendants for Summary Judgment set at 11:00 a.m. 4/22/94, [10-1] motion by Brendhan B. Harris for Leave to File third amended complaint set at 11:00 a.m. 4/22/94, [8-1] motion by Brendhan B. Harris for Leave to File second amended complaint set at 11:00 a.m. 4/22/94 (clerk)
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| 25 |
Filed: 4/12/1994, Entered: 4/13/1994 |
Reply to Response to Motion |
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REPLY MEMORANDUM by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan Stackhouse, James K. Spore to response to [17-1] motion by defendants for Summary Judgment, received (clerk)
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| 24 |
Filed: 4/4/1994, Entered: 4/5/1994 |
Memorandum in Opposition |
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MEMORANDUM by Brendhan B. Harris in opposition to [17-1] motion by defendants for Summary Judgment, received (clerk)
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| -- |
Filed: 3/28/1994, Entered: 3/28/1994 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS: Minute entry: TEM, USMJ. Taped. Counsel appeared. Matter came on re defendant's motion to quash subpoenas re depositions. Argument of counsel heard. Court denied defendant's motion to quash (denying [19-1] motion by defendants to Quash subpoenas of Byman and Blow). Defendant's motion to reset depositions - denied. Court adjourned. (clerk)
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| 23 |
Filed: 3/25/1994, Entered: 3/25/1994 |
Memorandum in Support |
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MEMORANDUM by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore in support of [22-1] motion by defendants to Amend [19-1] motion by defendants to Quash subpoenas of Byman and Blow, received (clerk)
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| 22 |
Filed: 3/25/1994, Entered: 3/25/1994, Terminated: 7/29/1994 |
Motion to Amend/Correct |
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MOTION by defendants to Amend [19-1] motion by defendants to Quash subpoenas of Byman and Blow (clerk)
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| 21 |
Filed: 3/24/1994, Entered: 3/25/1994 |
Docket Annotation |
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Consent to proceed before a United States Magistrate Judge, on behalf of defendants. (clerk)
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| 20 |
Filed: 3/24/1994, Entered: 3/25/1994 |
Motion to Stay |
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MOTION by defendants to Stay action on plaintiff's motions to amend , pending resolution of defendants' motion for summary judgment (clerk)
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| 19 |
Filed: 3/24/1994, Entered: 3/25/1994 |
Motion to Quash |
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MOTION by defendants to Quash subpoenas of Byman and Blow (clerk)
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| 18 |
Filed: 3/24/1994, Entered: 3/25/1994 |
Memorandum in Support |
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MEMORANDUM by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore in support of [17-1] motion by defendants for Summary Judgment, received (clerk)
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| 17 |
Filed: 3/24/1994, Entered: 3/25/1994 |
Motion for Summary Judgment |
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MOTION by defendants for Summary Judgment (clerk)
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| 16 |
Filed: 3/18/1994, Entered: 3/21/1994 |
Reply to Response to Motion |
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REPLY by Brendhan B. Harris to response to [10-1] motion by Brendhan B. Harris for Leave to File third amended complaint and [8-1] motion by Brendhan B. Harris for Leave to File second amended complaint, received (clerk)
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| 15 |
Filed: 3/16/1994, Entered: 3/17/1994 |
Memorandum in Opposition |
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MEMORANDUM by Virginia Beach, City in opposition to [10-1] motion by Brendhan B. Harris for Leave to File third amended complaint, received (clerk)
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| 14 |
Filed: 3/15/1994, Entered: 3/15/1994 |
Notice |
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NOTICE by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore to take deposition of Brendhan B. Harris (clerk)
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| 13 |
Filed: 3/14/1994, Entered: 3/15/1994 |
Memorandum in Support |
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MEMORANDUM by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore in support of [12-1] opposition response by defendants, received (clerk)
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| 12 |
Filed: 3/14/1994, Entered: 3/15/1994 |
Response in Opposition to Motion |
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RESPONSE by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore in opposition to [8-1] motion by Brendhan B. Harris for Leave to File second amended complaint (clerk) Modified on 03/15/1994
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| 11 |
Filed: 3/4/1994, Entered: 3/4/1994 |
Memorandum in Support |
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MEMORANDUM by Brendhan B. Harris in support of [10-1] motion by Brendhan B. Harris for Leave to File third amended complaint, received (clerk)
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| 10 |
Filed: 3/4/1994, Entered: 3/4/1994, Terminated: 5/13/1994 |
Motion for Leave to File |
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MOTION by Brendhan B. Harris for Leave to File third amended complaint (clerk)
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| 9 |
Filed: 3/2/1994, Entered: 3/3/1994 |
Memorandum in Support |
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MEMORANDUM by Brendhan B. Harris in support of [8-1] motion by Brendhan B. Harris for Leave to File second amended complaint, received (clerk)
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| 8 |
Filed: 3/2/1994, Entered: 3/3/1994 |
Motion for Leave to File |
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MOTION by Brendhan B. Harris for Leave to File second amended complaint (clerk)
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| 7 |
Filed: 1/21/1994, Entered: 1/24/1994 |
Order |
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Order on Initial Pretrial Conference setting Jury Trial 10:00 a.m. 7/19/94; Final Pretrial conference for 9:30 a.m. 6/24/94; all de bene esse depositions to be concluded on or before 5/27/94; Discovery cutoff for defendant 5/13/94; Discovery cutoff for plaintiff 4/13/94; entered January 20, 1994 and filed January 21, 1994 (signed by Magistrate Judge William T. Prince) Copies Mailed: 01/21/94 (clerk)
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| -- |
Filed: 1/20/1994, Entered: 1/24/1994 |
Pretrial Conference - Initial |
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Initial pretrial conference held (clerk)
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| 6 |
Filed: 1/5/1994, Entered: 1/6/1994 |
Answer to Amended Complaint |
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AMENDED ANSWER by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan Stackhouse, James K. Spore to amended complaint (clerk)
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| -- |
Filed: 1/4/1994, Entered: 1/5/1994 |
Pretrial Conference - Initial |
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Initial pretrial conference set at 3:00 p.m. 1/20/94 (clerk)
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| -- |
Filed: 12/22/1993, Entered: 12/22/1993 |
Docket Annotation |
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Referred for scheduling conference. (clerk)
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| 5 |
Filed: 12/21/1993, Entered: 12/22/1993 |
Answer to Amended Complaint |
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ANSWER by Virginia Beach, City, Van Auken, G. M., Beane, M.E., Baker, W.W., McCloud, D.G., Wall, Charles R., Fagan D. Stackhouse, James K. Spore (Attorney Charles Bernard Miller, Richard Jay Beaver) to amended complaint (clerk)
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| 4 |
Filed: 12/15/1993, Entered: 12/22/1993 |
Summons Returned Executed |
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SUMMONS Returned Executed as to all defendants on 12/15/93 for amended complaint. Answer due on 1/4/94 for all defendants. (clerk)
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Filed: 12/13/1993, Entered: 12/13/1993 |
Summons Issued |
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ADDITIONAL SUMMONS(ES), with 8 copies, issued and returned to attorney. Mag. Judge notice. (clerk)
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| 3 |
Filed: 12/7/1993, Entered: 12/13/1993 |
Amended Complaint |
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AMENDED COMPLAINT by Brendhan B. Harris amending [1-1] complaint (adding as defendant: Fagan D. Stackhouse, etc.); jury demand (clerk)
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| 2 |
Filed: 11/30/1993, Entered: 12/3/1993 |
Summons Returned Executed |
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SUMMONS Returned Executed as to all defendants 11/29/93 by personal service. Answer due on 12/19/93 for all defendants. (clerk)
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Filed: 11/24/1993, Entered: 11/24/1993 |
Summons Issued |
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SUMMONS(ES), with 8 copies, issued and returned to attorney. Mag. Judge notice. (clerk)
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| 1 |
Filed: 11/23/1993, Entered: 11/24/1993 |
Complaint |
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COMPLAINT Filing Fee $120.00 Receipt #6753; jury demand (clerk)
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