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Filed: 8/5/1999, Entered: 8/9/1999 |
Docket Annotation |
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Jury instructions destroyed. (ariv)
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| 89 |
Filed: 10/17/1995, Entered: 10/18/1995 |
Order |
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ORDER Dismissing this case agreed, parties having reported to Court that case settled ; retaining jurisdiction of this matter for purpose of enforcing settlement agreement resulting in dismissal of this action; entered 10/16/95; filed 10/17/95 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 10/17/95. O.B. (mwin)
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| -- |
Filed: 10/17/1995, Entered: 10/18/1995 |
Terminated Case |
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Case closed (mwin)
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| -- |
Filed: 10/17/1995, Entered: 10/18/1995 |
Case Assigned/Reassigned |
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CASE assigned to Judge J. C. Clarke Jr. (mwin)
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| -- |
Filed: 9/25/1995, Entered: 9/25/1995 |
Docket Annotation |
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Letter mailed to counsel re dismissal order (mwin)
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| 88 |
Filed: 9/22/1995, Entered: 9/22/1995 |
Memorandum in Opposition |
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MEMORANDUM by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Mark Barrineau, Steven D. Stevens, George E. Votava in opposition to [84-1] motion by Norfolk, City of in Limine, received (mwin)
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| 87 |
Filed: 9/22/1995, Entered: 9/22/1995 |
Trial Brief |
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TRIAL BRIEF by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Mark Barrineau, Steven D. Stevens, George E. Votava, received (mwin)
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| 86 |
Filed: 9/21/1995, Entered: 9/21/1995 |
Memorandum in Support |
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Supplemental MEMORANDUM by Norfolk, City of in support of [84-1] motion by Norfolk, City of in Limine, received (mwin)
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| 85 |
Filed: 9/14/1995, Entered: 9/14/1995 |
Order |
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ORDER ON FINAL PRETRIAL CONFERENCE entered 9/13/95 in presence of counsel; filed 9/14/95 (signed by Magistrate Judge William T. Prince) (mwin)
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| -- |
Filed: 9/14/1995, Entered: 9/14/1995 |
Docket Annotation |
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Upon direction of Magistrate Judge Prince and by agreement of counsel, plaintiff designation of "other similarly situated" removed from caption (mwin)
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Filed: 9/13/1995, Entered: 9/14/1995 |
Pretrial Conference - Final |
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Final Pre-Trial Conference held (mwin)
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Filed: 9/13/1995, Entered: 9/14/1995 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS Minute entry: U.S. District Judge J. Calvitt Clarke, Jr.; and U.S. Magistrate Judge William T. Prince. Reporter: Horace Weiss of Zahn, Hall & Hall, contract court reporters. Counsel appeared. Matter came on issues previously handled by Judge Clarke. Comments of Judge Prince, Judge Clarke, and counsel of record. Court ruled court will try issue of willfullness and good faith with issue of liability. Court adjourned. (mwin)
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| 84 |
Filed: 9/12/1995, Entered: 9/12/1995, Terminated: 10/17/1995 |
Motion in Limine |
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MOTION with Memorandum in Support by Norfolk, City of in Limine as to evidence of City's actions regarding FLSA compliance prior to relevent time period (mwin)
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| 83 |
Filed: 9/11/1995, Entered: 9/12/1995 |
Motion to Quash |
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MOTION by Norfolk, City of to Quash trial subpoenaes issued by plaintiffs to city council members (mwin)
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| 82 |
Filed: 8/25/1995, Entered: 8/25/1995, Terminated: 10/17/1995 |
Answer |
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ANSWER to Complaint by Norfolk, City of (mwin)
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| 81 |
Filed: 8/11/1995, Entered: 8/11/1995 |
Order |
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ORDER affirming and adopting Magistrate Judge's recommendation that City's leave policy does not affect or defeat Sgt. Bennett's exempt status; adopting findings and reasoning of Magistrate Judge; adopting Magistrate Judge's recommendation that primary duty status of Sgt. Bennett remains factual issue for trial; entered 8/10/95; filed 8/11/95 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 8/11/95 (mwin)
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| -- |
Filed: 8/11/1995, Entered: 8/11/1995 |
Set/Reset Deadlines: |
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Deadline updated; granting in part, denying in part [8-2] motion by Norfolk, City of for Partial Summary Judgment, granting in part, denying in part [13-1] motion by Harold D. Bennett for Summary Judgment (mwin)
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| 80 |
Filed: 8/4/1995, Entered: 8/4/1995 |
Order |
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ORDER affirming Magistrate Judge's conclusion that City of Norfolk's motion for partial summary judgment that Bennett is exempt employee under FLSA insofar as City's disciplinary suspension policy is concerned by granted; entered and filed 8/4/95 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 8/4/95 (mwin)
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| 79 |
Filed: 8/4/1995, Entered: 8/4/1995 |
Memorandum in Opposition |
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Supplemental MEMORANDUM by plaintiffs, Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Robert J. McCabe, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Mark Barrineau, Steven D. Stevens, George E. Votava in opposition to [43-1] motion by Norfolk Police Dept., Norfolk, City of for Summary Judgment, received (mwin)
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| 78 |
Filed: 8/3/1995, Entered: 8/3/1995 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of in support of [69-1] affidavit of Lee Satterthwaite, [68-1] affidavit of Richard W. Dillard, received (mwin)
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| 77 |
Filed: 8/2/1995, Entered: 8/2/1995 |
Affidavit |
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AFFIDAVIT of Robert C. Stephens (mwin)
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| 76 |
Filed: 8/2/1995, Entered: 8/2/1995 |
Affidavit |
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AFFIDAVIT of Carl L. Seger (mwin)
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| 75 |
Filed: 8/2/1995, Entered: 8/2/1995 |
Affidavit |
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AFFIDAVIT of Joseph Ribeiro Jr. (mwin)
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| 74 |
Filed: 8/2/1995, Entered: 8/2/1995 |
Affidavit |
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AFFIDAVIT of Timothy L. Powell (mwin)
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| 73 |
Filed: 8/2/1995, Entered: 8/2/1995 |
Affidavit |
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AFFIDAVIT of Maurice S. Joseph (mwin)
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| 72 |
Filed: 8/2/1995, Entered: 8/2/1995 |
Affidavit |
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AFFIDAVIT of Jeffrey D. Hughes (mwin)
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| 71 |
Filed: 8/2/1995, Entered: 8/2/1995 |
Affidavit |
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AFFIDAVIT of James M. Hackett (mwin)
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| 70 |
Filed: 8/2/1995, Entered: 8/2/1995 |
Affidavit |
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AFFIDAVIT of Harold D. Bennett (mwin)
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| 69 |
Filed: 7/28/1995, Entered: 7/28/1995 |
Affidavit |
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AFFIDAVIT of Lee Satterthwaite, submitted by Norfolk, City of, to supplement record pursuant to 7/18/95 order (mwin)
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| 68 |
Filed: 7/28/1995, Entered: 7/28/1995 |
Affidavit |
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AFFIDAVIT of Richard W. Dillard, submitted by Norfolk, City of, to supplement record in response to 7/18/95 order (mwin)
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| 67 |
Filed: 7/18/1995, Entered: 7/19/1995 |
Order |
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ORDER as to objections to Magistate Judge's Report and Recommendation re #13-1 motion by Bennett for summary judgment, and #8-1 motion for Norfolk to dismiss and/or #8-2 motion by Norfolk for partial summary judgment: as to objections by defendant - granting summary judgment to City of Norfolk on issue of reduction in pay for certain court appearances; granting summary judgment to City of Norfolk on issue of reduction in pay for military leave; as to objections by plaintiffs - adopting Magistrate Judge's recommendation and granting defendant's motion for partial summary judgment as to its establishment of 207(k) work period; re issue of disciplinary suspension, finding City's unsupported statements inadequate, giving City 10 days to supplement record on this point, plaintiff may respond 7 days thereafter; entered and filed 7/18/95 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 7/18/95 (mwin) Modified on 07/25/1995
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| 66 |
Filed: 7/18/1995, Entered: 7/19/1995 |
Order |
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CORRECTED ORDER correcting page 9, #2, second paragraph, first sentence of [66-1] 7/11/95 order as stated in corrected order ; entered and filed 7/18/95 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 7/18/95 (mwin)
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| 65 |
Filed: 7/11/1995, Entered: 7/11/1995 |
Order |
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ORDER denying [46-1] motion by plaintiffs Harold D. Bennett, et al, to Amend; granting in part, denying in part [43-1] motion by defendants for Summary Judgment (granting defendant partial summary judgment on issue of commuting time; denying summary judgment on statute of limitations issue; denying summary judgment on liquidated damages issue); entered and filed 7/11/95 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 7/11/95 (mwin)
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| -- |
Filed: 7/6/1995, Entered: 7/10/1995 |
Set/Reset Deadlines: |
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Deadline updated; [8-1] motion by Norfolk, City of to Dismiss under advisement, [8-2] motion by Norfolk, City of for Partial Summary Judgment under advisement, [13-1] motion by Harold D. Bennett for Summary Judgment under advisement, [43-1] motion by Norfolk Police Dept., Norfolk, City of for Summary Judgment under advisement, [46-1] motion by plaintiffs, Harold D. Bennett, et al, to Amend [2-1] amended complaint under advisement (mwin)
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Filed: 7/6/1995, Entered: 7/10/1995 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS Minute entry: U.S. District Judge J. Calvitt Clarke, Jr. Reporter: Sue Ash, official court reporter. Counsel appeared. Matter came on for hearing on motion for summary judgment; objections to Magistrate Judge's report and recommendations; motion to amend complaint. Arguments heard. Court takes under advisement and will prepare order. Following dates set: Jury Trial 10:00 9/26/95 ; Final Pretrial Conference 9:00 9/8/95 ; attorneys conference 8/25/95, 2:00. Court adjourned. (mwin)
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| -- |
Filed: 7/6/1995, Entered: 7/10/1995 |
Motion Hearing |
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Motion hearing held re: [43-1] motion by Norfolk Police Dept., Norfolk, City of for Summary Judgment [46-1] motion by plaintiffs, Harold D. Bennett, et al, to Amend [2-1] amended complaint (mwin)
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| 64 |
Filed: 7/5/1995, Entered: 7/5/1995 |
Reply to Response to Motion |
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REPLY by Norfolk, City of to response to [43-1] motion by Norfolk Police Dept., Norfolk, City of for Summary Judgment, received (mwin)
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| 63 |
Filed: 7/5/1995, Entered: 7/5/1995 |
Order |
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ORDER, agreed, allowing defendant to withdraw "Defendant's Reply Brief to Plaintiffs' Consolidated Brief in Support of Motion for Leave to Amend First Amended Complaint and Reply Brief to Defendant's Brief in Opposition to Motion for Leave to Amend" and to file replacement brief in its stead; REPLY BRIEF SHALL REMAIN IN COURT'S FILE BUT WILL NOT BE CONSIDERED BY COURT; entered 7/3/95; filed 7/5/95 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 7/5/95 (mwin)
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| 62 |
Filed: 7/3/1995, Entered: 7/3/1995 |
Memorandum in Support |
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Supplemental MEMORANDUM by Harold D. Bennett, et al, in support of [46-1] motion by plaintiffs, Harold D. Bennett, et al, to Amend [2-1] amended complaint, received (mwin)
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| 61 |
Filed: 7/3/1995, Entered: 7/3/1995 |
Memorandum in Opposition |
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MEMORANDUM by Norfolk, City of in opposition to [56-1] response reply by plaintiffs, received (NOTE: Amends/replaces [58-1] memorandum) (mwin)
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| 60 |
Filed: 7/3/1995, Entered: 7/3/1995 |
Order |
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REVISED SCHEDULING ORDER granting plaintiffs until 6/30/95 to file responsive brief to defendant's motion for summary judgment, and reply brief to defendnat's supplementary memorandum to defendant's objections; plaintiff may respond by 7/5/95; entered 7/3/95 nunc pro tunc 6/29/95; filed 7/3/95 (signed by Magistrate Judge William T. Prince) Copies Mailed: 7/3/95 (mwin)
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| 59 |
Filed: 6/30/1995, Entered: 7/3/1995 |
Memorandum in Opposition |
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MEMORANDUM by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Robert J. McCabe, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Similarly Situated, Mark Barrineau, Steven D. Stevens, George E. Votava in opposition to [49-1] opposition memorandum by Norfolk Police Dept., Norfolk, City of (mwin)
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| 59 |
Filed: 6/30/1995, Entered: 7/3/1995 |
Motion for Summary Judgment |
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MOTION with Memorandum in Support by Harold D. Bennett, et al, plaintiffs for partial Summary Judgment on issue of good faith (mwin)
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| 59 |
Filed: 6/30/1995, Entered: 7/3/1995 |
Memorandum in Opposition |
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MEMORANDUM by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Robert J. McCabe, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Similarly Situated, Mark Barrineau, Steven D. Stevens, George E. Votava in opposition to [43-1] motion by Norfolk Police Dept., Norfolk, City of for Summary Judgment (mwin)
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| 58 |
Filed: 6/30/1995, Entered: 7/3/1995 |
Memorandum in Opposition |
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MEMORANDUM by Norfolk, City of in opposition to [56-1] response reply by plaintiffs Harold D. Bennett, et al, received (mwin)
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| 57 |
Filed: 6/26/1995, Entered: 6/26/1995 |
Order |
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ORDER, agreed, pursuant to conference of 5/19/95, setting parties' pending objections to Magistrate Judge's Report and Recommendations, and defendant's 5/18/95 motion for summary judgment, and plaintiffs' motion for leave to amend first amended complaint, for hearing 7/6/95, at 2:00; directing defendant to file brief in opposition to plaintiffs' motion to amend complaint on 6/21/95; plaintiffs to file brief by 6/23/95 in support of motion to amend; plaintiffs to file by 6/26/95 brief in response to defendant's motion for summary judgment and reply brief to defendant's objections; defendant may respond to plaintiffs' reply brief by 6/30/95; affording plaintiff additional discovery until 6/21/95 in connection with city of Norfolk's Resolution 788; new trial dates will be set at conclusion of 7/6/95 hearing; entered 6/26/95 NUNC PRO TUNC 6/23/95 (signed by Magistrate Judge William T. Prince) Copies Mailed: 6/26/95 (mwin)
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| 56 |
Filed: 6/23/1995, Entered: 6/26/1995 |
Reply to Response to Motion |
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REPLY by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Similarly Situated, Mark Barrineau, Steven D. Stevens, George E. Votava to response to [46-1] motion by plaintiffs, Harold D. Bennett, et al, to Amend [2-1] amended complaint, received (mwin)
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| 55 |
Filed: 6/20/1995, Entered: 6/22/1995 |
Memorandum in Opposition |
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MEMORANDUM by Norfolk, City of in opposition to [46-1] motion by plaintiffs, Harold D. Bennett, et al, to Amend [2-1] amended complaint, received (mwin)
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| 54 |
Filed: 6/9/1995, Entered: 6/9/1995 |
Order |
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ORDER upon consent of parties DELETING Norfolk Police Department as a named defendant in this matter; entered and filed 6/9/95 (signed by Judge John A. MacKenzie) Copies Mailed: 6/9/95. O.B. (mwin)
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| 53 |
Filed: 6/8/1995, Entered: 6/9/1995 |
Notice |
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NOTICE by Harold D. Bennett, et al, to take deposition of Herbert M. Collins 6/8/95; Rev. Joseph N. Green, Jr., 6/8/95; G. Conoly Phillips 6/9/95; Paul R. Riddick 6/12/95; Dr. Mason C. Andrews 6/12/95 (FILED SUBJECT TO DEFECT - DISCOVERY EXPIRED) (mwin)
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| 52 |
Filed: 6/5/1995, Entered: 6/9/1995 |
Notice |
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NOTICE by Harold D. Bennett, et al, to take deposition of Paul D. Fraim, Paul R. Riddick, Rev. Joseph N. Green, Jr., Dr. Mason C. Andrews, G. Conoly Phillips, W. Randy Wright, Herbert M. Collins, Deputy City Manager Darlene Burcham, City Attorney Philip R. Trapani, and Deputy City Attorney Harold P. Juren, 6/6/95 (FILED SUBJECT TO DEFECT - DISCOVERY EXPIRED) (mwin)
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| 51 |
Filed: 5/24/1995, Entered: 5/25/1995 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of, Norfolk Police Dept. in support of [50-1] motion by Norfolk Police Dept., Norfolk, City of to Compel plaintiffs to respond fully to interrogatories and request for production, received (mwin)
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| 50 |
Filed: 5/24/1995, Entered: 5/25/1995 |
Motion to Compel |
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MOTION by Norfolk Police Dept., Norfolk, City of to Compel plaintiffs to respond fully to interrogatories and request for production (mwin)
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| 49 |
Filed: 5/23/1995, Entered: 5/25/1995 |
Memorandum in Opposition |
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MEMORANDUM by Norfolk, City of, Norfolk Police Dept. in opposition to [42-1] objection by plaintiffs, and Supplementary Memorandum to defendants' objections, received (mwin)
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| 48 |
Filed: 5/23/1995, Entered: 5/25/1995 |
Memorandum in Opposition |
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MEMORANDUM by Harold D. Bennett, et al, plaintiffs, in opposition to [41-1] objection by Norfolk Police Dept., Norfolk, City of, to Report & Recommendation, received (mwin)
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| 47 |
Filed: 5/23/1995, Entered: 5/25/1995 |
Notice |
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NOTICE by Harold D. Bennett, et al, plaintiffs, to take deposition of Paul D. Fraim; Paul R. Riddick; Rev. Joseph N. Green, Jr.; Dr. Mason C. Andrews; G. Conoly Phillips; W. Randy Wright; Herbert M. Collins; Deputy City Manager Darlene Burcham; City Attorney Philip R. Trapani; and Deputy City Attorney Harold P. Juren, on 6/5/95 (filed subject to defect-past discovery cutoff) (mwin) Modified on 05/25/1995
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Filed: 5/23/1995, Entered: 5/25/1995 |
Motion Hearing |
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Motion hearing SET re: [43-1] motion by Norfolk Police Dept., Norfolk, City of for Summary Judgment set at 2:00 7/6/95, [46-1] motion by plaintiffs, Harold D. Bennett, et al, to Amend [2-1] amended complaint set at 2:00 7/6/95; and objections to report and recommendation regarding #8-1, 8-1, 13-1 motions (mwin)
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| 46 |
Filed: 5/19/1995, Entered: 5/20/1995, Terminated: 7/11/1995 |
Motion to Amend/Correct |
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MOTION by plaintiffs, Harold D. Bennett, et al, to Amend [2-1] amended complaint (proposed Second Amended Complaint attached) (mwin) Modified on 05/24/1995
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| 45 |
Filed: 5/19/1995, Entered: 5/19/1995, Terminated: 5/19/1995 |
Motion for Extension |
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MOTION with Memorandum in Support by Harold D. Bennett, et al, for Extend Time for discovery , by Harold D. Bennett, et al, to Continue (mwin) Modified on 05/20/1995
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| 44 |
Filed: 5/18/1995, Entered: 5/18/1995 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of, Norfolk Police Dept. in support of [43-1] motion by Norfolk Police Dept., Norfolk, City of for Summary Judgment, received (mwin)
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| 43 |
Filed: 5/18/1995, Entered: 5/18/1995, Terminated: 7/11/1995 |
Motion for Summary Judgment |
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MOTION by Norfolk Police Dept., Norfolk, City of for Summary Judgment (mwin)
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| 42 |
Filed: 5/4/1995, Entered: 5/4/1995 |
Objection to Report and Recommendations |
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OBJECTION by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Robert J. McCabe, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Similarly Situated, Mark Barrineau, Steven D. Stevens, George E. Votava to [37-1] report and recommendations (mwin)
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| 41 |
Filed: 5/1/1995, Entered: 5/2/1995 |
Objection to Report and Recommendations |
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OBJECTION by Norfolk, City of, Norfolk Police Dept. to [37-1] report and recommendations (mwin)
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| 40 |
Filed: 4/26/1995, Entered: 4/26/1995 |
Order |
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ORDER amending [37-1] report and recommendation, deleting the words "denying the petition" from Footnote 1 ; entered and filed 4/26/95 (signed by Magistrate Judge William T. Prince) Copies Mailed: 4/26/95 (mwin)
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| 39 |
Filed: 4/21/1995, Entered: 4/24/1995 |
Docket Annotation |
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Letter supplement to [32] affidavit of Lee Satterthwaite, by defendants (received by clerk and filed 4/21/95; received in chambers 4/14/95) (mwin)
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| 38 |
Filed: 4/21/1995, Entered: 4/24/1995 |
Motion for Extension |
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MOTION by Harold D. Bennett, et al, plaintifs, to Extend Time to file response defendants' motion to exclude expert testimony (mwin) Modified on 05/20/1995
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| 37 |
Filed: 4/21/1995, Entered: 4/21/1995 |
Miscellaneous Document |
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REPORT AND RECOMMENDATIONS of Magistrate Judge William T. Prince Re: [13-1] motion by Harold D. Bennett for Summary Judgment, [8-1] motion by Norfolk, City of to Dismiss, [8-2] motion by Norfolk, City of for Partial Summary Judgment; Motion no longer referred Objections to R and R due by 5/10/95. Copies Mailed: 4/21/95 (mwin)
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| 36 |
Filed: 4/7/1995, Entered: 4/10/1995 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of, Norfolk Police Dept. in support of [35-1] motion by Norfolk Police Dept., Norfolk, City of to exclude expert testimony of Phillip Singleton and William Castle, received (mwin)
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| 35 |
Filed: 4/7/1995, Entered: 4/10/1995 |
Motion for Miscellaneous Relief |
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MOTION by Norfolk Police Dept., Norfolk, City of to exclude expert testimony of Phillip Singleton and William Castle (mwin)
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| 34 |
Filed: 3/29/1995, Entered: 3/29/1995 |
Order |
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ORDER extending time to 3/31/95 for plaintiff's response to defendants' first set of interrogatories, request for production of documents and request for admissions; entered and filed 3/29/95 (signed by Magistrate Judge William T. Prince) Copies Mailed: 3/29/95 (mwin)
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| 33 |
Filed: 3/29/1995, Entered: 3/29/1995 |
Order |
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ORDER extending plaintiff's discovery cutoff (reset Plaintiff's discovery cutoff to 4/8/95) , and extending defendants' discovery cutoff (reset Defendant's discovery cutoff to 4/22/95) ; entered and filed3/29/95 (signed by Magistrate Judge William T. Prince). Copies Mailed: 3/29/95 (mwin)
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| 32 |
Filed: 3/13/1995, Entered: 3/15/1995 |
Affidavit |
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AFFIDAVIT of Lee Satterthwaite, Personnel Analyst III, Norfolk, City of Re: [30-1] support memorandum by Norfolk Police Dept., Norfolk, City of (mwin)
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| 31 |
Filed: 3/13/1995, Entered: 3/15/1995 |
Affidavit |
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AFFIDAVIT of Melvin C. High, Norfolk Police Dept. Re: [30-1] support memorandum by Norfolk Police Dept., Norfolk, City of (mwin)
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| 30 |
Filed: 3/13/1995, Entered: 3/15/1995 |
Memorandum in Support |
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Supplementary MEMORANDUM by Norfolk, City of, Norfolk Police Dept. in support of [8-1] motion by Norfolk, City of to Dismiss, [8-2] motion by Norfolk, City of for Partial Summary Judgment, received (mwin) Modified on 03/15/1995
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| 29 |
Filed: 3/13/1995, Entered: 3/15/1995 |
Affidavit |
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AFFIDAVIT of Michael F. Imprevento, counsel for Harold D. Bennett (mwin)
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| 28 |
Filed: 3/13/1995, Entered: 3/14/1995 |
Affidavit |
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AFFIDAVIT of Harold D. Bennett (mwin)
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| 27 |
Filed: 3/3/1995, Entered: 3/6/1995 |
Docket Annotation |
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MEMO, 9/2/94, Dir. Human Resources to Chief of Police, FILED IN OPEN COURT (mwin)
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| -- |
Filed: 3/3/1995, Entered: 3/6/1995 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS Minute entry: Magistrate Judge William T. Prince. Reporter: Sue Ash, Official Court Reporter. Counsel appeared. Came on for hearing on [13-1] motion by Harold D. Bennett for Summary Judgment, [8-1] motion by Norfolk to Dismiss, [8-2] motion by Norfolk for Partial Summary Judgment. Arguments heard. Memo, 9/2/94, Dir. Human Resources to Chief of Police, filed. Defendant may file supplemental affidavits by 3/10/95. Plaintiff may respond within 5 days. Plaintiff to notify court by 3/13/95 as to whether they intend to maintain or withdraw 207(k) issue. Plaintiff to notify court within 1 week if Harold Bennett owns a dog or has managerial duties. (mwin)
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| -- |
Filed: 3/3/1995, Entered: 3/6/1995 |
Motion Hearing |
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Motion hearing held re: [13-1] motion by Harold D. Bennett for Summary Judgment by Harold D. Bennett, [8-1] motion by Norfolk, City of to Dismiss by Norfolk, City of, [8-2] motion by Norfolk, City of for Partial Summary Judgment by Norfolk, City of (mwin)
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| 26 |
Filed: 3/2/1995, Entered: 3/3/1995 |
Order |
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ORDER referring [13-1] motion by Harold D. Bennett for Summary Judgment, [8-1] motion by Norfolk, City of to Dismiss/ [8-2] motion by Norfolk, City of for Partial Summary Judgment referred to Judge William T. Prince to conduct hearings and submit to a U.S. District Judge proposed findings of fact if applicable and recommendations for disposition of motions, etc.; entered 3/1/95; filed 3/2/95 (signed by Judge John A. MacKenzie) Copies Mailed or delivered 3/3/95 (mwin)
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| 25 |
Filed: 1/9/1995, Entered: 1/17/1995 |
Affidavit |
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AFFIDAVIT of Gregory Banks Re: [23-1] response reply by plaintiffs (mwin)
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| 24 |
Filed: 1/9/1995, Entered: 1/17/1995 |
Affidavit |
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AFFIDAVIT by Harold D. Bennett Re: [23-1] response reply by plaintiffs (mwin)
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| 23 |
Filed: 1/9/1995, Entered: 1/17/1995 |
Reply to Response to Motion |
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REPLY by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Robert J. McCabe, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Similarly Situated, Mark Barrineau, Steven D. Stevens, George E. Votava to response to [13-1] motion by Harold D. Bennett for Summary Judgment, received (mwin)
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| 22 |
Filed: 1/9/1995, Entered: 1/12/1995 |
Order |
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ORDER Extending Time for plaintiffs to 1/9/95 to reply to defendants' memorandum ; entered and filed 1/9/95 (signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 1/9/95 (mwin)
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| 21 |
Filed: 12/23/1994, Entered: 12/31/1994 |
Affidavit |
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AFFIDAVIT of Frances Blair, Police Planning Manager, submitted by Norfolk, City of; Norfolk Police Dept. Re: [20-1] opposition memorandum, [20-1] response reply by Norfolk Police Dept., Norfolk, City of (mwin)
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| 20 |
Filed: 12/23/1994, Entered: 12/31/1994 |
Reply to Response to Motion |
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REPLY by Norfolk, City of; Norfolk Police Dept. to response to [8-1] motion by Norfolk, City of to Dismiss [8-2] motion by Norfolk, City of for Partial Summary Judgment, received (mwin)
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| 20 |
Filed: 12/23/1994, Entered: 12/31/1994 |
Memorandum in Opposition |
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MEMORANDUM by Norfolk, City of; and Norfolk Police Dept. in opposition to [13-1] motion by Harold D. Bennett for Judgment, received (mwin)
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| 19 |
Filed: 12/16/1994, Entered: 12/31/1994 |
Order |
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Order on Initial Pretrial Conference BIFURCATING TRIAL on issues of liability and damages; setting Jury Trial on LIABILITY ONLY for 10:00 6/13/95; setting Jury Trial on DAMAGES for 7/11/95, 10:00; directing that SAME JURY WILL HEAR BOTH TRIALS, unless further ordered by court; proposed voir dire and jury instructions to be received by clerk on or before 6/6/95; setting Final Pretrial conference for 11:30 5/19/95; de bene esse depositions to be concluded by 4/21/95; Discovery cutoff for defendant 4/15/95; Discovery cutoff for plaintiff 4/1/95; defendants to respond to presently pending discovery by 1/10/95; admitting Jeffrey Chamberlain pro hac vice in this case; defendants' reply/rebuttal briefs to pending motions to be received by 12/23/95; plaintiff's reply, if applicable, due 1/6/95; setting Hearing on all pending motions for 10:00 3/3/95; entered 12/15/94; filed 12/16/94 (signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 12/16/94 (mwin)
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| 18 |
Filed: 12/15/1994, Entered: 12/31/1994 |
Order |
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ORDER Extending Time to reply by defendant City of Norfolk ; Reply to Response to Motion reset to 12/23/94 for [8-1] motion by Norfolk, City of to Dismiss, [8-2] motion by Norfolk, City of for Partial Summary Judgment ; reset Response to Motion deadline to 12/23/94 for [13-1] motion by Harold D. Bennett for Summary Judgment, reset to 12/23/94 for [12-1] motion by Harold D. Bennett to defer adjudication of defendants' 12(b)(6) and Rule 56 motions until discovery completed ; entered and filed 12/15/94 (signed by Magistrate Judge Tommy E. Miller ) Copies 12/15/94 (mwin)
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| -- |
Filed: 12/15/1994, Entered: 12/31/1994 |
Pretrial Conference - Initial |
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Initial pretrial conference held (mwin)
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| -- |
Filed: 11/30/1994, Entered: 12/6/1994 |
Pretrial Conference - Initial |
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Initial pretrial conference set at 2:15 p.m. on 12/15/94 (rlam)
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| -- |
Filed: 11/29/1994, Entered: 11/29/1994 |
Docket Annotation |
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Referred for IPTC scheduling (mwin)
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| 17 |
Filed: 11/22/1994, Entered: 11/29/1994 |
Order |
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ORDER, agreed, Extending plaintiffs' deadline to 11/21/94 to file responsive brief to defendants' motion to dismiss and/or for partial summary judgment; extending time for defendants to respond to pending discovery to 12/19/94 ; entered and filed 11/23/94 ( signed by Judge John A. MacKenzie ) Copies Mailed: 11/23/94 (mwin)
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| 16 |
Filed: 11/21/1994, Entered: 11/29/1994 |
Affidavit |
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AFFIDAVIT of Jeffrey Chamberlain Re: [14-1] opposition memorandum by plaintiffs (mwin)
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| 15 |
Filed: 11/21/1994, Entered: 11/29/1994 |
Affidavit |
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AFFIDAVIT by Harold D. Bennett Re: [14-1] opposition memorandum by plaintiffs (mwin)
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| 14 |
Filed: 11/21/1994, Entered: 11/29/1994 |
Memorandum in Opposition |
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MEMORANDUM by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Similarly Situated, Mark Barrineau, Steven D. Stevens, George E. Votava in opposition to [8-1] motion by Norfolk, City of to Dismiss, [8-2] motion by Norfolk, City of for Partial Summary Judgment, received (mwin) Modified on 11/29/1994
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| 14 |
Filed: 11/21/1994, Entered: 11/29/1994 |
Memorandum in Support |
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MEMORANDUM by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Similarly Situated, Mark Barrineau, Steven D. Stevens, George E. Votava in support of [13-1] motion by Harold D. Bennett for Summary Judgment, received (mwin) Modified on 11/29/1994
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| 13 |
Filed: 11/21/1994, Entered: 11/29/1994 |
Motion for Summary Judgment |
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MOTION by Harold D. Bennett for Summary Judgment (mwin)
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| 12 |
Filed: 11/21/1994, Entered: 11/29/1994 |
Motion for Miscellaneous Relief |
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MOTION with Memorandum in Support by Harold D. Bennett to defer adjudication of defendants' 12(b)(6) and Rule 56 motions until discovery completed (mwin) Modified on 11/30/1994
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| 11 |
Filed: 10/19/1994, Entered: 10/19/1994 |
Order |
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ORDER extending deadline for plaintiffs to file Response to Motion to 11/7/94 for [8-1] motion by Norfolk, City of to Dismiss, reset to 11/7/94 for [8-2] motion by Norfolk, City of for Partial Summary Judgment ; entered and filed 10/19/94 (signed by Judge John A. MacKenzie) Copies Mailed: 10/19/94 (mwin)
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| Save 25% on a pre-paid one year subscription. |
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| 10 |
Filed: 10/4/1994, Entered: 10/14/1994 |
Affidavit |
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AFFIDAVIT by Norfolk, City of Re: [8-1] motion by Norfolk, City of to Dismiss, and/or [8-2] motion by Norfolk, City of for Partial Summary Judgment (mwin)
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| 9 |
Filed: 10/4/1994, Entered: 10/14/1994 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of in support of [8-1] motion by Norfolk, City of to Dismiss and/or [8-2] motion by Norfolk, City of for Partial Summary Judgment, received (mwin)
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| 8 |
Filed: 10/4/1994, Entered: 10/14/1994 |
Motion to Dismiss |
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MOTION by Norfolk, City of to Dismiss , and/or by Norfolk, City of for Partial Summary Judgment (mwin)
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| 7 |
Filed: 9/29/1994, Entered: 9/29/1994 |
Docket Annotation |
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Copy of Consent to Become Party Plaintiff in FLSA Action, signed by George E. Votava (mwin)
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| 6 |
Filed: 9/29/1994, Entered: 9/29/1994 |
Order |
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ORDER Joining George E. Votava as a party plaintiff to First Amended Complaint filed herein, nunc pro tunc 9/2/94 ; entered and filed 9/29/94 ( signed by Judge Richard B. Kellam ) Copies Mailed: 9/29/94 (mwin)
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| 5 |
Filed: 9/26/1994, Entered: 9/29/1994 |
Summons Returned Executed |
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SUMMONS ON AMENDED COMPLAINT Returned as to City of Norfolk, Norfolk Police Dept. by acceptance of service 9/14/94. Answer due on 10/4/94 for Norfolk Police Dept., for City of Norfolk (mwin) Modified on 10/19/1994
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| 4 |
Filed: 9/1/1994, Entered: 9/14/1994 |
Acknowledgment of Service |
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ACKNOWLEDGEMENT OF SERVICE as to Norfolk, City of, Norfolk Police Dept. 9/1/94 (mwin)
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| 3 |
Filed: 8/29/1994, Entered: 8/29/1994 |
Order |
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ORDER Dismissing without prejudice as a party to this action plaintiff Robert J. McCabe, originally named in initial complaint ; entered and filed 8/29/94 ( signed by Judge John A. MacKenzie ) Copies to plaintiffs' counsel and to defendants in summons packages on amended complaint. O.B. (mwin)
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| -- |
Filed: 8/29/1994, Entered: 8/29/1994 |
Summons Issued |
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SUMMONS(ES) ON AMENDED COMPLAINT and 2 copies issued for Norfolk, City of, Norfolk Police Dept.; Mag. Judge notice; delivered to counsel (mwin)
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| 2 |
Filed: 8/26/1994, Entered: 8/29/1994 |
Amended Complaint |
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AMENDED COMPLAINT by Harold D. Bennett, Keith F. Callis, Larry G. Carter, Robert J. Douros, Ronald L. Firkel, Craig A. Gardner, Ronald I. Godwin, James M. Hackett, Jeffrey D. Hughes, Rodney J. Jacobs, Maurice S. Joseph, Kevin T. Kelleher, Timothy L. Powell, Joseph Ribeiro Jr., Edward J. Ryan, Jay D. Seacrist, Carl L. Seger, Russell W. Shelburne, Robert C. Stephens, Walter B. Tindell, Frank L. Welch III, David L. White, James M. White, Similarly Situated, and Mark Barrineau, Steven D. Stevens amending [1-1] complaint; jury demand (mwin)
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| -- |
Filed: 8/19/1994, Entered: 8/19/1994 |
Summons Issued |
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SUMMONS(ES) with 2 copies issued for The City of Norfolk and The Norfolk Police Department; delivered to counsel; Magistrate Judge notice (mwin)
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| 1 |
Filed: 8/18/1994, Entered: 8/19/1994 |
Complaint |
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COMPLAINT Filing Fee $ 120 pd. by Sacks, Sacks & Imprevento; Receipt # 8365; jury demand (mwin)
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