Cooper v. City of Va. Beach, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:94-cv-00813-HCM
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Summary

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Parties
No Logo David A. Cooper, Plaintiff
v.
No Logo Charles Wall, Defendant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Richard Jay Beaver +1 757 427 4531
No Logo M. E. Encarnacao, Defendant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Richard Jay Beaver +1 757 427 4531
No Logo The City of Virginia Beach, Defendant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Richard Jay Beaver +1 757 427 4531
Attributes
Office Norfolk
Filed 8/15/1994
Jury Demand Plaintiff
Demand $500000
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Judgment - Court Trial
County Virginia Beach City
Terminated 7/17/1995
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (35) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 26 Filed: 7/17/1995, Entered: 7/18/1995 Judgment*
JUDGMENT that pursuant to Rule 16(f) and Rule 37(b)(2)(C), the Court DISMISSES this action with prejudice and grants SUMMARY JUDGMENT in favor of the defendants. At the direction of the Court, plaintiff is advised that he may appeal from this judgment by filing a written notice of appeal with the Clerk of this Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within 30 days form this date; entered by the Clerk and filed 7/17/95. ob. Copies Mailed: 7/17/95 (clerk)
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Blank -- Filed: 7/17/1995, Entered: 7/18/1995 Terminated Case
Case closed (clerk)
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Blank -- Filed: 7/17/1995, Entered: 7/18/1995 Jury Trial Begun
TRIAL PROCEEDINGS before Robecca Beach Smith, Judge; Gloria Meals, OCR; counsel appeared. Matter came on for trial by jury. Clerk called the case and there was no response on behalf of pro se plaintiff. (The marshal was directed to check in the halls and there was no response.) Court stated findings of fact and conclusions of law on the record. Court ruled that pursuant to Rule 16(f) and Rule 37 (b)(2)(C), the court dismisses this action with prejudice and grants summary judgment in favor of the defendants and orders the clerk to so enter judgment in favor of the defendants. Court stated that on the judgment order, since this is a pro se plaintiff, the clerk shall include a paragraph telling the plaintiff he has 30 days in which to appeal the court's entry of judgment against him by filing a written notice with the clerk of this court. Court will sign order if necessary. (clerk)
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Blank 25 Filed: 7/5/1995, Entered: 7/5/1995 Affidavit
AFFIDAVIT of Teresa N. Hammons Re: [24-1] support memorandum by Charles Wall, M. E. Encarnacao, City of Va. Beach (clerk)
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Blank 24 Filed: 7/3/1995, Entered: 7/3/1995 Memorandum in Support
MEMORANDUM by City of Va. Beach, M. E. Encarnacao, Charles Wall in support of [23-1] motion by Charles Wall, M. E. Encarnacao, City of Va. Beach for Summary Judgment or in the Alternative for Sanctions by Charles Wall, M. E. Encarnacao, City of Va. Beach, received. (clerk)
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Blank 23 Filed: 7/3/1995, Entered: 7/3/1995, Terminated: 7/17/1995 Motion for Summary Judgment
MOTION by Charles Wall, M. E. Encarnacao, City of Va. Beach for Summary Judgment or in the Alternative for Sanctions (clerk)
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Blank 22 Filed: 6/23/1995, Entered: 6/23/1995 OrderCourt Filing
FINAL PRETRIAL ORDER, entered in the presence of defendant's counsel (pro se plaintiff did not appear) and filed (signed by Magistrate Judge William T. Prince) Copies Mailed: 6/23/95 to plaintiff. (clerk)
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Blank 21 Filed: 5/31/1995, Entered: 5/31/1995, Terminated: 7/17/1995 Motion to Amend/Correct
MOTION by David A. Cooper to Correct 5/22/95 order (entitled "Correction of the Record") (mwin)
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Blank 20 Filed: 5/22/1995, Entered: 5/22/1995 OrderCourt Filing
ORDER denying [18-1] motion by David A. Cooper for Judgment on the Pleadings; entered and filed 5/22/95 (signed by Judge Henry C. Morgan, Jr.) Copies Mailed: 5/22/95 (clerk)
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Blank 19 Filed: 5/1/1995, Entered: 5/2/1995 Memorandum in Opposition
MEMORANDUM by City of Va. Beach in opposition to [18-1] motion by David A. Cooper for Judgment on the Pleadings, received. (clerk)
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Blank 18 Filed: 4/11/1995, Entered: 4/11/1995, Terminated: 5/22/1995 Motion for Judgment on the Pleadings
MOTION by David A. Cooper for Judgment on the Pleadings , or in the alternative by David A. Cooper for Summary Judgment (clerk)
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Blank 17 Filed: 1/20/1995, Entered: 1/20/1995 OrderCourt Filing
Order on Initial Pretrial Conference setting Jury Trial 10:00 a.m. 7/17/95; proposed voir dire and written jury instructions to be received by 7/10/95; Final Pretrial conference for 10:00 a.m. 6/23/95; all de bene esse depositions to be concluded by 5/26/95; Discovery cutoff for defendant 5/12/95; Discovery cutoff for plaintiff 4/12/95; and establishing deadlines for the disclosure of expert testimony, entered 1/19/95 and filed 1/20/95 (signed by Magistrate Judge William T. Prince ) Copies Mailed: 1/20/95 (clerk)
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Blank -- Filed: 1/19/1995, Entered: 1/20/1995 Pretrial Conference - Initial
Initial pretrial conference held (clerk)
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Blank 16 Filed: 1/10/1995, Entered: 1/10/1995 Judgment*
JUDGMENT on decision by the Court that defendant John Doe, Officer is DISMISSED as a party in this action, entered by the Clerk 1/9/95 and filed 1/10/95. OB. Copies Mailed: 1/10/95 (clerk)
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Blank 15 Filed: 1/10/1995, Entered: 1/10/1995 OrderCourt Filing
ORDER Dismissing Defendant John Doe, Officer , entered 1/9/95 and filed 1/10/95 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 1/10/95 (clerk)
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Blank -- Filed: 1/10/1995, Entered: 1/11/1995 Pretrial Conference - Initial
Initial pretrial conference set at 3:30 p.m. 1/19/95 (clerk)
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Blank -- Filed: 1/10/1995, Entered: 1/10/1995 Docket Annotation
Referred for initial pretrial conference. (clerk)
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Blank 14 Filed: 11/1/1994, Entered: 11/1/1994 Notice
NOTICE by City of Va. Beach, M. E. Encarnacao, Charles Wall to take deposition of David A. Cooper (clerk)
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Blank 13 Filed: 10/31/1994, Entered: 11/1/1994 Response
RESPONSE by David A. Cooper to [12-1] order (clerk)
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Blank 12 Filed: 10/26/1994, Entered: 10/26/1994 OrderCourt Filing
ORDER denying plaintiff's motion to extension of time, directing plaintiff to provide idenity of defendant John Doe within 60 days and requiring plaintiff to respond to Court's interrogatories within 30 days, entered and filed 10/26/94 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 10/26/94 (clerk)
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Blank 11 Filed: 10/26/1994, Entered: 10/26/1994 Notice
NOTICE regarding deposition to be taken of plaintiff on 10/26/94 at 1:00 p.m. by David A. Cooper (clerk)
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Blank 10 Filed: 10/25/1994, Entered: 10/26/1994 OrderCourt Filing
ORDER denying [9-1] motion by David A. Cooper to Extend Time To Respond To Defendants' Wall's and Encarnacao's Answers, directing plaintiff to identify defendant John Doe within 60 days and requiring plaintiff to respond to interrogatories, signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 10/25/94 (clerk)
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Blank 9 Filed: 10/14/1994, Entered: 10/17/1994, Terminated: 10/25/1994 Affidavit
AFFIDAVIT of David A. Cooper in support of [9-1] motion by David A. Cooper to Extend Time To Respond To Defendants' Wall's and Encarnacao's Answers (clerk) Modified on 10/17/1994
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Blank 9 Filed: 10/14/1994, Entered: 10/17/1994, Terminated: 10/25/1994 Motion for Extension
MOTION with Memorandum in Support by David A. Cooper to Extend Time To Respond To Defendants' Wall's and Encarnacao's Answers (clerk) Modified on 10/17/1994
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Blank 8 Filed: 10/12/1994, Entered: 10/12/1994 Notice
NOTICE by City of Va. Beach, M. E. Encarnacao, Charles Wall to take deposition of David A. Cooper (clerk)
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Blank 7 Filed: 10/11/1994, Entered: 10/11/1994, Terminated: 7/17/1995 Answer
ANSWER to Complaint by City of Va. Beach (Attorney Richard Jay Beaver), (clerk)
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Blank 6 Filed: 9/29/1994, Entered: 10/3/1994 Summons Returned Executed
SUMMONS Returned Executed as to City of Va. Beach, John Doe 9/27/94 Answer due on 10/17/94 for John Doe, for City of Va. Beach (ariv)
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Blank 5 Filed: 9/26/1994, Entered: 9/28/1994 Answer
ANSWER to Complaint by M. E. Encarnacao (Attorney Richard Jay Beaver), (ariv)
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Blank 4 Filed: 9/26/1994, Entered: 9/28/1994 Answer
ANSWER to Complaint by Charles Wall (Attorney Richard Jay Beaver), (ariv)
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Blank -- Filed: 9/23/1994, Entered: 9/23/1994 Summons Issued
SUMMONS, with 2 copies, issued for City of Va. Beach, John Doe and delivered to plaintiff. Mag. notice. (clerk)
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Blank 3 Filed: 9/21/1994, Entered: 9/23/1994 Docket Annotation
Waiver of Service of Summons signed by defendants M. E. Encarnacao and Charles Wall on 8/31/94. (clerk)
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Blank -- Filed: 9/21/1994, Entered: 9/23/1994 Set/Reset Deadlines:
Deadline updated; set Answer deadline to 10/17/94 for Charles Wall, for M. E. Encarnacao (clerk)
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Blank 2 Filed: 8/18/1994, Entered: 8/18/1994 Docket Annotation
Waiver of Service of Summons on each defendant by plaintiff. (clerk)
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Blank 1 Filed: 8/15/1994, Entered: 8/15/1994 Complaint
COMPLAINT Filing Fee $ 120.00 Receipt # 8349; jury demand (clerk)
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Blank -- Filed: 8/15/1994, Entered: 8/15/1994 Docket Annotation
Plaintiff to complete and return waiver of service forms. (clerk)
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