Devin v. Penalosa, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:93-cv-01222-RGD
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Parties
No Logo Harriett D. Devin, Administratrix of the Estate of Curtis Carnell Devin, Jr., Plaintiff

Represented by Allen Allen Allen & Allen (Fredericksburg)

Name Phone Fax E-Mail
Space Paul Christopher Guedri +1 804 353 1200 pcg@allenandallen.com

Represented by brickerlawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Stephen Winston Bricker +1 804 649 2304 +1 804 649 3380 bricker@brickeranderson.com
v.
No Logo Felicia Goode, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Elizabeth Hoyes Esinhart +1 757 628 5500
Space Sharen Padgett Hughes +1 757 628 5500
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

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 WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space David Charles Bowen +1 757 628 5500 +1 757 628 5566
Space Gary Alvin Bryant +1 757 628 5500 +1 757 628 5566 gbryant@wilsav.com
No Logo Gary W. Waters, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Elizabeth Hoyes Esinhart +1 757 628 5500
Space Sharen Padgett Hughes +1 757 628 5500
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

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 WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space David Charles Bowen +1 757 628 5500 +1 757 628 5566
Space Gary Alvin Bryant +1 757 628 5500 +1 757 628 5566 gbryant@wilsav.com
No Logo L. B. Penalosa, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jason Robert Davis +1 757 624 3000
Space John Anders Heilig +1 757 461 1300
Space Robert Edward Moreland +1 757 461 1300
Space Carolyn Porter Oast +1 757 963 2300 +1 757 963 2391

Represented by Goodman Allen & Filetti PLLC

Name Phone Fax E-Mail
Space Alexander William Charters +1 757 625 1400 +1 757 625 7701 awcharters@goodmanallen.com
No Logo Portsmouth Sheriff's Office, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Elizabeth Hoyes Esinhart +1 757 628 5500
Space Sharen Padgett Hughes +1 757 628 5500
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

Represented by WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space David Charles Bowen +1 757 628 5500 +1 757 628 5566
No Logo Rebecca L. Dorsey, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Elizabeth Hoyes Esinhart +1 757 628 5500
Space Sharen Padgett Hughes +1 757 628 5500
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

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 WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space David Charles Bowen +1 757 628 5500 +1 757 628 5566
Space Gary Alvin Bryant +1 757 628 5500 +1 757 628 5566 gbryant@wilsav.com
Attributes
Office Norfolk
Filed 12/20/1993
Jury Demand Both
Demand $1000000
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Transfer/Remand - Remanded to State Court
County Portsmouth City
Terminated 10/2/1995
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CL93-1444[Portsmouth Circuit]
Def Custody Status
Flag CLOSED
Timeline
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Blank -- Filed: 10/3/1995, Entered: 10/3/1995 Docket Annotation
Case papers, certified copy of 10/2/95 agreed order of remand, and certified copy of docket sheet by UPS to Clerk, Portsmouth Circuit Court, pursuant to order (mwin)
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Blank 68 Filed: 10/2/1995, Entered: 10/3/1995 OrderCourt Filing
ORDER, upon agreement as stated on record at 9/19/95 hearing, DISMISSING all claims by plaintiff against defendant James O. Brooks with prejudice ; DISMISSING all federal claims by plaintiff against remaining defendants with prejudice; directing foregoing disposition of plaintiff's federal claims is without prejudice to remaining state claims, and disposition of federal claims shall have no preclusive or adjudicative effect upon remaining state claims ; REMANDING remaining state claims to Circuit Court for City of Portsmouth, Va., for further proceedings ; upon remand, plaintiff agrees to cooperate with defendants Gary Waters, Rebecca Dorsey and Felicia Goode to secure hearing in state court on sovereign immunity issue, allowing court to rule on applicable standard governing liability of defendants Waters, Dorsey and Goode; upon remand, plaintiff agrees that any state court claims against Gary Waters will be based upon doctrine of respondeat superior or vicarious liability; DIRECTING CLERK TO TRANSMIT PAPERS AND PLEADINGS in this case TO CLERK OF CIRCUIT COURT FOR CITY OF PORTSMOUTH, Va., for further proceedings; entered 9/28/95; filed 10/2/95 (signed by Judge Robert G. Doumar) Copies Mailed: 10/3/95 to counsel; certified copy to Clerk, Circuit Court, Portsmouth, w/ case papers via UPS 10/3/95. O.B. (mwin)
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Blank -- Filed: 10/2/1995, Entered: 10/3/1995 Terminated Case
Case closed (mwin)
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Blank -- Filed: 10/2/1995, Entered: 10/3/1995 Case Assigned/Reassigned
CASE assigned to Judge Robert G. Doumar (mwin)
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Blank -- Filed: 9/19/1995, Entered: 9/21/1995 Minutes-Miscellaneous
COURT PROCEEDINGS Minute entry: Judge Robert G. Doumar. Reporter: Sue Ash, official court reporter. Counsel appeared. Matter came on defendants' pending motions for summary judgment. Arguments of counsel heard. With agreement of counsel, all claims as to defendant Brooks will be dismissed with prejudice and 1983 claim as to remaining defendants to be dismissed and remaining issues to be remanded to Circuit Court of City of Portsmouth. Counsel to prepare order and submit it to the Court by tomorrow (9/20/95). Court adjourned. (mwin)
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Blank -- Filed: 9/19/1995, Entered: 9/21/1995 Motion Hearing
Motion hearing held re: [52-1] motion by James O. Brooks for Summary Judgment by James O. Brooks, [48-1] motion by Rebecca L. Dorsey for Summary Judgment by Rebecca L. Dorsey, [46-1] motion by Felicia Goode for Summary Judgment by Felicia Goode, [40-1] motion by Gary W. Waters for Summary Judgment by Gary W. Waters (mwin)
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Blank 67 Filed: 9/18/1995, Entered: 9/18/1995 OrderCourt Filing
ORDER, agreed, DISMISSING all claims by plaintiff against Paul NORRIS and Robert H. O'MEARA, without prejudice ; entered and filed 9/18/95 (signed by Judge Robert G. Doumar) Copies Mailed: 9/18/95. O.B. (mwin)
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Blank 66 Filed: 9/18/1995, Entered: 9/18/1995 Affidavit
AFFIDAVIT of Harriett D. Devin in support of [65-1] opposition memorandum by Devin (mwin)
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Blank 65 Filed: 9/18/1995, Entered: 9/18/1995 Memorandum in Opposition
MEMORANDUM by Devin in opposition to [52-1] motion by James O. Brooks for Summary Judgment, received SUBJECT TO DEFECT (brief not signed) (mwin)
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Blank 64 Filed: 9/14/1995, Entered: 9/14/1995 OrderCourt Filing
ORDER Striking defective [51-1] deposition notice by L. B. Penalosa, and defective [50-1] deposition notice by L. B. Penalosa from the record ; entered 9/12/95; filed 9/14/95 (signed by Judge John A. MacKenzie) Copies Mailed: 9/14/95 (mwin)
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Blank 63 Filed: 9/11/1995, Entered: 9/14/1995 Reply to Response to Motion
REPLY memorandum by Rebecca L. Dorsey to response to [48-1] motion by Rebecca L. Dorsey for Summary Judgment, received (mwin)
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Blank 62 Filed: 9/11/1995, Entered: 9/14/1995 Reply to Response to Motion
REPLY memorandum by Felicia Goode to response to [46-1] motion by Felicia Goode for Summary Judgment, received (mwin)
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Blank -- Filed: 9/8/1995, Entered: 9/11/1995 Motion Hearing
Motion hearing re: [52-1] motion by James O. Brooks for Summary Judgment set at 11:00 9/19/95, [48-1] motion by Rebecca L. Dorsey for Summary Judgment set at 11:00 9/19/95, [46-1] motion by Felicia Goode for Summary Judgment set at 11:00 9/19/95, [43-1] motion by Robert H. O'Meara for Summary Judgment set at 11:00 9/19/95, [40-1] motion by Gary W. Waters for Summary Judgment set at 11:00 9/19/95, [38-1] motion by Paul Norris for Summary Judgment set at 11:00 9/19/95 (mwin)
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Blank 61 Filed: 9/7/1995, Entered: 9/11/1995 Reply to Response to Motion
REPLY memorandum by Gary W. Waters to response to [40-1] motion by Gary W. Waters for Summary Judgment, received (mwin)
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Blank 60 Filed: 9/1/1995, Entered: 9/5/1995 Set/Reset Deadlines:Court Filing
Copy of DEPOSITION of Rebecca L. Dorsey in support of Devin's #54, #55, and #56 briefs in opposition to motions of Goode, Dorsey, and Waters for Summary Judgement (mwin)
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Blank 59 Filed: 9/1/1995, Entered: 9/5/1995 Set/Reset Deadlines:Court Filing
Copy of DEPOSITION of James O. Brooks in support of Devin's #54, #55, and #56 briefs in opposition to motions by Goode, Dorsey, and Waters for Summary Judgement (mwin)
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Blank 58 Filed: 9/1/1995, Entered: 9/5/1995 Set/Reset Deadlines:Court Filing
Copy of DEPOSITION of Felicia B. Goode in support of Devin's #54, #55, and #56 briefs in opposition to motions by Goode, Dorsey, and Waters for Summary Judgement (mwin)
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Blank 57 Filed: 9/1/1995, Entered: 9/5/1995 Set/Reset Deadlines:Court Filing
Copy of DEPOSITION of Dr. Leocadio B. Penalosa, Jr. in support of #54, #55, and #56 briefs in opposition to motions of Goode, Dorsey, and Waters for Summary Judgement (mwin)
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Blank 56 Filed: 9/1/1995, Entered: 9/5/1995 Memorandum in Opposition
MEMORANDUM by Devin in opposition to [40-1] motion by Gary W. Waters for Summary Judgment, received (mwin)
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Blank 55 Filed: 9/1/1995, Entered: 9/5/1995 Memorandum in Opposition
MEMORANDUM by Devin in opposition to [48-1] motion by Rebecca L. Dorsey for Summary Judgment, received (mwin)
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Blank 54 Filed: 9/1/1995, Entered: 9/5/1995 Memorandum in Opposition
MEMORANDUM by Devin in opposition to [46-1] motion by Felicia Goode for Summary Judgment, received (mwin)
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Blank 53 Filed: 9/1/1995, Entered: 9/5/1995 Memorandum in Support
MEMORANDUM by James O. Brooks in support of [52-1] motion by James O. Brooks for Summary Judgment, received (mwin)
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Blank 52 Filed: 9/1/1995, Entered: 9/5/1995 Motion for Summary Judgment
MOTION by James O. Brooks for Summary Judgment (mwin)
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Blank 51 Filed: 9/1/1995, Entered: 9/5/1995 Notice
NOTICE by L. B. Penalosa to take deposition of Dr. Thomas Pellegrino, 9/18/95 (FILED SUBJECT TO DEFECT-past discovery and de bene esse cutoff dates) (mwin)
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Blank 50 Filed: 9/1/1995, Entered: 9/5/1995 Notice
NOTICE by L. B. Penalosa to take deposition of Nurse Heatwole, 9/8/95 (FILED SUBJECT TO DEFECT-past discovery and de bene esse cutoff dates) (mwin)
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Blank 49 Filed: 8/24/1995, Entered: 8/25/1995 Memorandum in Support
MEMORANDUM by Rebecca L. Dorsey in support of [48-1] motion by Rebecca L. Dorsey for Summary Judgment, received (mwin)
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Blank 48 Filed: 8/24/1995, Entered: 8/25/1995 Motion for Summary Judgment
MOTION by Rebecca L. Dorsey for Summary Judgment (mwin)
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Blank 47 Filed: 8/22/1995, Entered: 8/25/1995 Memorandum in Support
MEMORANDUM by Felicia Goode in support of [46-1] motion by Felicia Goode for Summary Judgment, received (mwin)
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Blank 46 Filed: 8/22/1995, Entered: 8/25/1995 Motion for Summary Judgment
MOTION by Felicia Goode for Summary Judgment (mwin)
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Blank 45 Filed: 8/22/1995, Entered: 8/25/1995 Affidavit
AFFIDAVIT by Robert H. O'Meara in support of [43-1] motion by Robert H. O'Meara for Summary Judgment, [40-1] motion by Gary W. Waters for Summary Judgment, [38-1] motion by Paul Norris for Summary Judgment (mwin)
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Blank 44 Filed: 8/17/1995, Entered: 8/25/1995 Memorandum in Support
MEMORANDUM by Robert H. O'Meara in support of [43-1] motion by Robert H. O'Meara for Summary Judgment, received (mwin)
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Blank 43 Filed: 8/17/1995, Entered: 8/25/1995 Motion for Summary Judgment
MOTION by Robert H. O'Meara for Summary Judgment (mwin)
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Blank 42 Filed: 8/17/1995, Entered: 8/25/1995 Affidavit
AFFIDAVIT by Gary W. Waters in support of [40-1] motion by Gary W. Waters for Summary Judgment, submitted as exhibit 2 to [41-1] support memorandum by Gary W. Waters (mwin)
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Blank 41 Filed: 8/17/1995, Entered: 8/25/1995 Memorandum in Support
MEMORANDUM by Gary W. Waters in support of [40-1] motion by Gary W. Waters for Summary Judgment, received (mwin)
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Blank 40 Filed: 8/17/1995, Entered: 8/25/1995 Motion for Summary Judgment
MOTION by Gary W. Waters for Summary Judgment (mwin)
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Blank 39 Filed: 8/17/1995, Entered: 8/25/1995 Memorandum in Support
MEMORANDUM by Paul Norris in support of [38-1] motion by Paul Norris for Summary Judgment, received (mwin)
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Blank 38 Filed: 8/17/1995, Entered: 8/25/1995 Motion for Summary Judgment
MOTION by Paul Norris for Summary Judgment (mwin)
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Blank 37 Filed: 5/19/1995, Entered: 5/20/1995 OrderCourt Filing
ORDER Dismissing all claims by plaintiff against defendant City of Portsmouth, Virginia, agreed, without prejudice ; entered and filed 5/19/95 (signed by Judge John A. MacKenzie) Copies Mailed: 5/19/95 (mwin)
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Blank 36 Filed: 4/26/1995, Entered: 5/3/1995 OrderCourt Filing
ORDER granting [32-1] motion by Portsmouth to allow attorney Stuart E. Katz to withdraw and to Substitute Attorney George M. Willson as counsel for City of Portsmouth (terminated attorney Stuart Edward Katz for Portsmouth Added George Manuel Willson); entered and filed 4/26/95 (signed by Magistrate Judge William T. Prince ) Copies Mailed: 4/26/95 (mwin)
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Blank 35 Filed: 4/26/1995, Entered: 5/3/1995 OrderCourt Filing
Order on Initial Pretrial Conference setting Jury Trial 10:00 10/17/95; proposed voir dire and jury instructions to be received by clerk on or before 10/10/95; setting Final Pretrial conference for 10:30 9/22/95; all de bene esse depositions to be concluded by 8/25/95; Discovery cutoff for plaintiff 7/11/95; Discovery cutoff for defendant 8/11/95; amending all pleadings to indicate CORRECT NAMES of following defendants: Portsmouth Sheriff's Office; Felicia Goode, L.P.N.; and Lt. Col. Paul Norris; setting hearing on 5/22/95, at 3:00 p.m., on pending motion to dismiss and/or for summary judgment by City of Portsmouth; plaintiff's motion for completion of discovery prior to adjudication of summary judgment motion; and motion of City of Portsmouth to stay discovery pending disposition of summary judgment motion; entered 4/25/95; filed 4/26/95 (by Magistrate Judge William T. Prince) Copies Mailed: 4/26/95 (mwin) Modified on 05/03/1995
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Blank -- Filed: 4/26/1995, Entered: 5/3/1995 Motion Hearing
Motion hearing re: [19-1] motion by Portsmouth to Stay discovery pending disposition of Portsmouth motion to dismiss, and/or for summary judgment set at 3:00 5/22/95, [15-1] motion by Devin for completion of Discovery prior to adjudication of Portmouth's motion for summary judgment set at 3:00 5/22/95, [11-1] motion by Portsmouth to Dismiss set at 3:00 5/22/95, [11-2] motion by Portsmouth for Summary Judgment set at 3:00 5/22/95 (mwin)
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Blank -- Filed: 4/25/1995, Entered: 5/3/1995 Pretrial Conference - Initial
Initial pretrial conference held (mwin)
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Blank 34 Filed: 4/11/1995, Entered: 4/11/1995 Docket Annotation
CASE PAPERS received from Portsmouth Circuit Court, consisting of case papers in Law #93-1444 and Medical Malpractice Review Panel dated from 11/19/93 through 4/7/95 (VOLUME 1) and Medical Records from Portsmouth City Jail, Central State Hospital, and MCV Hospital (VOLUME 2) (mwin)
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Blank 33 Filed: 4/11/1995, Entered: 4/11/1995 OrderCourt Filing
CERTIFIED COPY OF ORDER entered in Portsmouth Circuit Court transferring case file in Law #93-1444 to U.S. District Court, EDVA, Norfolk Division, this matter having been lodged in Portsmouth Circuit Court solely to conduct Medical Malpractice Review Panel and request for such panel having been rescinded; entered 4/7/95; Norman Olitsky, Judge, Circuit Court of the City of Portsmouth, Va.; certified copy filed USDC, EDVA, Norfolk Division, on 4/11/95 (mwin)
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Blank -- Filed: 4/11/1995, Entered: 4/11/1995 Docket Annotation
Referred for initial pretrial conference scheduling (mwin)
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Blank -- Filed: 4/11/1995, Entered: 4/11/1995 Suspense Deadline
**Suspense for 4/25/95 - Clerk contacted plaintiff's counsel by phone for update re return of record from Portsmouth Circuit Court (mwin)
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Blank -- Filed: 3/22/1995, Entered: 3/22/1995 Suspense Deadline
**Suspense for 4/7/95 (Clerk contacted Plaintiff's counsel by phone for update re return of record from Portsmouth Circuit Court) (mwin)
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Blank 32 Filed: 3/3/1995, Entered: 3/3/1995, Terminated: 4/26/1995 Motion to Substitute Attorney
MOTION by Portsmouth to allow Stuart E. Katz to withdraw and to Substitute Attorney George M. Willson as counsel for City of Portsmouth (mwin)
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Blank -- Filed: 2/28/1995, Entered: 4/11/1995 Docket Annotation
Letter notification by plaintiff's counsel - panel hearing request withdrawn by defendant - matter ready for IPTC. Clerk contacted counsel and advised NEED RETURN OF RECORD from Portsmouth Circuit Court. Counsel advised he will try to expedite return of record. (mwin)
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Blank 31 Filed: 6/1/1994, Entered: 6/1/1994 OrderCourt Filing
ORDER granting [30-1] motion by James O. Brooks for Willcox & Savage, P.C., and Elizabeth Hoyes Esinhart, to Withdraw as Attorney for James O. Brooks (Terminated attorney David Charles Bowen for James O. Brooks, attorney Elizabeth Hoyes Esinhart for James O. Brooks); granting [30-2] motion by James O. Brooks to substitute John A. Gibney, Jr., and Shuford, Rubin & Gibney, P.C., as his Attorney; entered and filed 6/1/94 (signed by Judge John A. MacKenzie ) Copies 6/1/94 (mwin)
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Blank 30 Filed: 5/16/1994, Entered: 6/1/1994, Terminated: 6/1/1994 Motion to Withdraw as Attorney
MOTION by James O. Brooks for Willcox & Savage, P.C., and Elizabeth Hoyes Esinhart, to Withdraw as Attorney for James O. Brooks , and by James O. Brooks to substitute John A. Gibney, Jr., and Shuford, Rubin & Gibney, P.C., as his Attorney (mwin)
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Blank 29 Filed: 3/29/1994, Entered: 3/29/1994 OrderCourt Filing
ORDER granting in part, denying in part [17-1] motion by Gary W. Waters, Portsmouth Sheriff, Rebecca L. Dorsey, Robert H. O'Meara, T. Francine Goode, James O. Brooks, Paul Norris to STAY; granting in part, denying in part [17-2] motion by Gary W. Waters, et al, for order of REFERENCE to Portsmouth Circuit Court for designation of medical malpractice review panel; granting [9-1] motion by L. B. Penalosa for order referring claims against him to Portsmouth Circuit Court for designation of Medical Malpractice Review Panel; granting [9-2] motion by L. B. Penalosa for Stay in this proceeding until Medical Malpractice Review Panel designated and review completed; denying [7-1] motion by L. B. Penalosa for appointment of medical malpractice review board; Transferring these proceedings, as to defendants Penalosa, Dorsey and Goode, to the Circuit Court of the City of Portsmouth , with the request that the Clerk of the Circuit Court of the City of Portsmouth institute the panel review procedures directed by Section 8.01-581.2, by forwarding the requests for a medical review panel to the Clerk of The Supreme Court of Virginia; that this matter, with the results of the panel review, be remanded back to this Court for trial; all other matters in this case are hereby stayed pending completion of the malpractice panel's review process, entered and filed March 29, 1994 (signed by Judge John A. MacKenzie) Copies Mailed: 3/29/94 (rlam)
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Blank -- Filed: 3/29/1994, Entered: 3/29/1994 Docket Annotation
Entire case file together with a certified copy of order transferring proceedings and a certified copy of the docket entries mailed to the Clerk of the Circuit Court of the City of Portsmouth. (original order retained in Norfolk United States District Court) (rlam)
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Blank 28 Filed: 3/22/1994, Entered: 3/25/1994 OrderCourt Filing
ORDER extending time to Feb. 17, 1994, for defendants to respond to plaintiff's Discovery requests , agreed; entered and filed 3/22/94 ( signed by Judge John A. MacKenzie ) Copies Mailed: 3/22/94 (mwin)
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Blank 27 Filed: 3/21/1994, Entered: 3/22/1994 Reply to Response to Motion
REPLY by Portsmouth to response to [19-1] motion by Portsmouth to Stay discovery pending disposition of Portsmouth motion to dismiss and/or for summary judgment, received (mwin)
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Blank 26 Filed: 3/16/1994, Entered: 3/22/1994 Docket Annotation
"Plaintiff's Submission of Evidence in Support of Rule 56(f) F.R.C.P. Motion," by Devin (mwin)
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Blank 25 Filed: 3/16/1994, Entered: 3/22/1994 Memorandum in Opposition
MEMORANDUM by Devin in opposition to [19-1] motion by Portsmouth to Stay discovery pending disposition of Portsmouth motion to dismiss and/or for summary judgment, received (mwin)
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Blank 24 Filed: 3/8/1994, Entered: 3/9/1994 Memorandum in Opposition
MEMORANDUM by Devin in opposition to [17-1] motion by Gary W. Waters, Portsmouth Sheriff, Rebecca L. Dorsey, Robert H. O'Meara, T. Francine Goode, James O. Brooks, Paul Norris to STAY, received (mwin)
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Blank 23 Filed: 3/3/1994, Entered: 3/4/1994 Notice
NOTICE of subpoena duces tecum to FBI, Richmond, Va., attn: Dennis Cadigan, by L. B. Penalosa (mwin)
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Blank 22 Filed: 3/3/1994, Entered: 3/4/1994 Affidavit
AFFIDAVIT of V. Wayne Orton, submitted by Portsmouth Re: [21-1] opposition memorandum by Portsmouth (mwin)
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Blank 21 Filed: 3/3/1994, Entered: 3/4/1994 Memorandum in Opposition
MEMORANDUM by Portsmouth in opposition to [15-1] motion by Devin for completion of discovery prior to adjudication of motion for summary judgment, received (mwin)
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Blank 20 Filed: 3/3/1994, Entered: 3/4/1994 Memorandum in Support
MEMORANDUM by Portsmouth in support of [19-1] motion by Portsmouth to Stay discovery pending disposition of Portsmouth's motion to dismiss, and/or for summary judgment, received (mwin)
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Blank 19 Filed: 3/3/1994, Entered: 3/4/1994 Motion to Stay
MOTION by Portsmouth to Stay discovery pending disposition of Portsmouth motion to dismiss, and/or for summary judgment (mwin)
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Blank 18 Filed: 3/2/1994, Entered: 3/4/1994 Memorandum in Support
MEMORANDUM by Gary W. Waters, Portsmouth Sheriff, Rebecca L. Dorsey, Robert H. O'Meara, T. Francine Goode, James O. Brooks, Paul Norris in support of [17-1] motion by Gary W. Waters, Portsmouth Sheriff, Rebecca L. Dorsey, Robert H. O'Meara, T. Francine Goode, James O. Brooks, Paul Norris to STAY, [17-2] motion by Gary W. Waters, et al, for order of REFERENCE to Portsmouth Circuit Court for designation of medical malpractice review panel, received (mwin)
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Blank 17 Filed: 3/2/1994, Entered: 3/4/1994, Terminated: 3/29/1994 Motion to Stay
MOTION by Gary W. Waters, Portsmouth Sheriff, Rebecca L. Dorsey, Robert H. O'Meara, T. Francine Goode, James O. Brooks, Paul Norris to STAY , and by Gary W. Waters, et al, for order of REFERENCE to Portsmouth Circuit Court for designation of medical malpractice review panel , and joining in motion by L. B. Penalosa (mwin)
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Blank 16 Filed: 2/28/1994, Entered: 3/4/1994 Affidavit
AFFIDAVIT of Stephen W. Bricker, an attorney for Devin Re: [15-1] motion by Devin for completion of Discovery prior to adjudication of Portmouth's motion for summary judgment (mwin)
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Blank 15 Filed: 2/28/1994, Entered: 3/4/1994 Motion for Discovery
MOTION with Memorandum in Support by Devin for completion of Discovery prior to adjudication of Portmouth's motion for summary judgment (mwin)
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Blank 14 Filed: 2/28/1994, Entered: 3/1/1994 Memorandum in Opposition
MEMORANDUM by Devin in opposition to [9-2] motion by L. B. Penalosa for Stay in this proceeding until Medical Malpractice Review Panel designated and review completed, [9-1] motion by L. B. Penalosa for order referring claims against him to Portsmouth Circuit Court designation of Medical Malpractice Review Panel, received (mwin)
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Blank 13 Filed: 2/16/1994, Entered: 2/17/1994 Affidavit
AFFIDAVIT of V. Wayne Orton, submitted by Portsmouth Re: [11-1] motion by Portsmouth to Dismiss and/or [11-2] motion by Portsmouth for Summary Judgment (mwin)
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Blank 12 Filed: 2/16/1994, Entered: 2/17/1994 Memorandum in Support
MEMORANDUM by Portsmouth in support of [11-1] motion by Portsmouth to Dismiss an/or [11-2] motion by Portsmouth for Summary Judgment, received (mwin)
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Blank 11 Filed: 2/16/1994, Entered: 2/17/1994 Motion to Dismiss
MOTION by Portsmouth to Dismiss , and/or by Portsmouth for Summary Judgment (mwin)
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Blank 10 Filed: 2/15/1994, Entered: 2/17/1994 Memorandum in Support
MEMORANDUM by L. B. Penalosa in support of [9-1] motion by L. B. Penalosa for order referring claims against him to Portsmouth Circuit Court for designation of Medical Malpractice Review Panel, [9-2] motion by L. B. Penalosa for Stay in this proceeding until Medical Malpractice Review Panel designated and review completed, received (mwin)
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Blank 9 Filed: 2/15/1994, Entered: 2/17/1994 Motion for Miscellaneous Relief
MOTION by L. B. Penalosa for order referring claims against him to Portsmouth Circuit Court for designation of Medical Malpractice Review Panel , and by L. B. Penalosa for Stay in this proceeding until Medical Malpractice Review Panel designated and review completed (mwin)
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Blank 8 Filed: 2/7/1994, Entered: 2/11/1994 Notice
NOTICE of subpoena duces tecum to Central State Hospital and Medical College of Virginia, returnable 2/25/94, by L. B. Penalosa (mwin)
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Blank 7 Filed: 1/14/1994, Entered: 1/25/1994 Motion for Miscellaneous Relief
Letter MOTION by L. B. Penalosa for appointment of medical malpractice review board (mwin)
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Blank -- Filed: 1/12/1994, Entered: 1/25/1994 Pretrial Conference - Initial
Initial pretrial conference set at 2:30 1/27/94 (mwin)
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Blank 6 Filed: 1/11/1994, Entered: 1/25/1994 Notice
NOTICE of subpoena duces tecum to Bob Cashen, WAVY-TV; Barbara Hamm, WTKR-TV; David Cassidy, WVEC-TV; Ann Johnson, Virginian-Pilot; by Gary W. Waters, Portsmouth Sheriff, Rebecca L. Dorsey, Robert H. O'Meara, T. Francine Goode, James O. Brooks, Paul Norris (mwin)
LREF
Blank -- Filed: 12/22/1993, Entered: 12/22/1993 Docket Annotation
Referred for IPTC scheduling (mwin)
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Blank -- Filed: 12/22/1993, Entered: 12/22/1993 Docket Annotation
Magistrate Judge notice mailed to counsel of record. (mwin)
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Blank 5 Filed: 12/20/1993, Entered: 12/22/1993 Answer
Copy of ANSWER ("Grounds of Defense") filed in Portsmouth Circuit Court by Portsmouth (Attorney Stuart Edward Katz, Nancy Bennett Cherry) (mwin)
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Blank 4 Filed: 12/20/1993, Entered: 12/22/1993 Answer
Copy of ANSWER ("Grounds of Defense") filed in Portsmouth Circuit Court by Gary W. Waters, Portsmouth Sheriffs Dept., Rebecca L. Dorsey, Robert H. O'Meara, T. Francine Goode (Felicia Goode), James O. Brooks, Paul Norris (Attorney Elizabeth Hoyes Esinhart, David Charles Bowen) (mwin)
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Blank 3 Filed: 12/20/1993, Entered: 12/22/1993 Answer
Copy of ANSWER ("Grounds of Defense") filed in Portsmouth Circuit Court by L. B. Penalosa (Attorney John Anders Heilig, Carolyn Porter Oast, Robert Edward Moreland),; jury demand (mwin)
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Blank 2 Filed: 12/20/1993, Entered: 12/22/1993 Notice
Copy of NOTICE to State Court for Removal filed in Portsmouth Circuit Court by L. B. Penalosa, Gary W. Waters, Portsmouth Sheriff, Rebecca L. Dorsey, Robert H. O'Meara, T. Francine Goode, James O. Brooks, Captain Paul Norris, City of Portsmouth (mwin) Modified on 12/22/1993
LREF
Blank 1 Filed: 12/20/1993, Entered: 12/22/1993 Notice of Removal
NOTICE OF REMOVAL from Portsmouth Circuit Court by L. B. Penalosa, Gary W. Waters, Portsmouth Sheriff's Office, Rebecca L. Dorsey, Robert H. O'Meara, T. Francine Goode (Felicia Goode), James O. Brooks, Paul Norris, City of Portsmouth (with copy of Motion for Judgment filed in state court); FILING FEE $ 120 pd. by Willcox & Savage; RECEIPT #6914 (mwin) Modified on 12/22/1993
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