Continental Insur. v. Virginia Beach

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:95-cv-00212-jcc
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Parties
No Logo Continental Insurance Company,, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Wendy Ann Hartmann +1 202 726 7264

Represented by moschelandclancy.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Timothy Gerard Clancy +1 757 826 5000 +1 757 826 5936 tclancy@mcwlawyers.com

Represented by Whiteford Taylor Preston, LLP

Name Phone Fax E-Mail
Space Robert Francis Carney +1 410 347 8726 +1 410 347 9412 rcarney@wtplaw.com
No Logo The City of Virginia Beach, Counter-Claimant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Richard Jay Beaver +1 757 427 4531
v.
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
Space Charles Bernard Miller +1 757 427 4531
No Logo Continental Insurance Company,, Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Wendy Ann Hartmann +1 202 726 7264

Represented by moschelandclancy.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Timothy Gerard Clancy +1 757 826 5000 +1 757 826 5936 tclancy@mcwlawyers.com

Represented by Whiteford Taylor Preston, LLP

Name Phone Fax E-Mail
Space Robert Francis Carney +1 410 347 8726 +1 410 347 9412 rcarney@wtplaw.com
Attributes
Office Norfolk
Filed 2/27/1995
Jury Demand None
Demand $248000
Nature of Suit 110 - Contract - Insurance
Cause Section 28 U.S.C. § 1332 Diversity-Breach of Contract
Jurisdiction Diversity
Disposition Judgment - Court Trial
County Out of State
Terminated 11/30/1995
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (49) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 9/4/1996, Entered: 9/4/1996 Docket Annotation
All EXHIBITS destroyed (per instructions of counsel) (mwin)
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Blank 34 Filed: 3/21/1996, Entered: 3/22/1996 Satisfaction of Judgment
SATISFACTION OF JUDGMENT filed by Continental Insurance stating judgment paid (mwin)
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Blank 33 Filed: 11/30/1995, Entered: 12/1/1995 Judgment*Court Filing
JUDGMENT entered in favor of plaintiff against defendant in amount of $252,720.68 (stipulated amount of $234,827.63 less $5,679.97 as agreed to by parties, plus $23,573.02 for consulting fees); denying defendant's liquidated damages claim and plaintiff's prejudgment interest claim; declining entry of declaratory judgment as requested by plaintiff; form approved in accordance with Rule 58, FRCP, by Judge J. Calvitt Clarke, Jr., 11/30/95; entered by the clerk and filed 11/30/95. Copies Mailed: 12/1/95. O.B. (mwin)
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Blank 32 Filed: 11/30/1995, Entered: 12/1/1995 OrderCourt Filing
AMENDED OPINION AND FINAL ORDER amending [31-1] order ; entering judgment in favor of plaintiff against defendant in amount of $252,720.68 (stipulated amount of $234,827.63 less $5,679.97 as agreed by parties plus $23,573.02 for consulting fees); denying plaintiff's prejudgment interest claim; denying defendant's liquidated damages claim; declining to enter declaratory judgment as requested by plaintiff; entered and filed 11/30/95 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 12/1/95 (mwin)
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Blank -- Filed: 11/30/1995, Entered: 12/1/1995 Terminated Case
Case closed (mwin)
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Blank -- Filed: 11/30/1995, Entered: 12/1/1995 Case Assigned/Reassigned
CASE assigned to Judge J. C. Clarke Jr. (mwin)
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Blank 31 Filed: 11/29/1995, Entered: 11/30/1995 OrderCourt Filing
OPINION AND FINAL ORDER entering judgment in favor of plaintiff against defendant in amount of $252,720.68 (stipulated amount of $234,827.68 less $5,679.97 as agreed by parties plus $23,573.02 for consulting fees); denying plaintiff's prejudgment interest claim; denying defendant's liquidated damages claim; declining to enter declaratory judgment as requested by plaintiff; entered and filed 11/29/95 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 11/29/95 (NOTE: SEE 11/30/95 AMENDED OPINION AND FINAL ORDER) (mwin) Modified on 12/01/1995
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Blank 30 Filed: 11/22/1995, Entered: 11/27/1995 Memorandum in Opposition
MEMORANDUM by Continental Insur. in opposition to [29-1] trial brief by Virginia Beach, received (mwin)
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Blank 29 Filed: 11/13/1995, Entered: 11/14/1995 Trial Brief
POST-TRIAL MEMORANDUM by Virginia Beach, received (mwin)
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Blank 28 Filed: 11/13/1995, Entered: 11/14/1995 Proposed Findings of Fact
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Virginia Beach (mwin)
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Blank 27 Filed: 11/2/1995, Entered: 11/3/1995 Trial Brief
POST-TRIAL MEMORANDUM by Continental Insur., received (mwin)
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Blank 26 Filed: 11/2/1995, Entered: 11/3/1995 Proposed Findings of Fact
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Continental Insur. (mwin)
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Blank 25 Filed: 10/19/1995, Entered: 10/20/1995 Stipulation
STIPULATIONS by Continental Insur., Virginia Beach, filed in open court (mwin)
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Blank -- Filed: 10/19/1995, Entered: 10/20/1995 Set/Reset Deadlines:
Deadline updated; [0-0] oral motion for Judgment as a Matter of Law under advisement (mwin)
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Blank -- Filed: 10/19/1995, Entered: 10/20/1995 Set/Reset Deadlines:
Deadline updated; set Brief deadline to 11/2/95 for plaintiff (mwin)
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Blank -- Filed: 10/19/1995, Entered: 10/20/1995 Miscellaneous Document
ORAL MOTION in open court by Continental Insur. for Judgment as a Matter of Law (mwin)
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Blank -- Filed: 10/19/1995, Entered: 10/20/1995 Minutes-Miscellaneous
TRIAL PROCEEDINGS - Minute entry: J. Calvitt Clarke, Jr., U.S. District Judge. Reporter: Frances Zahn (of Zahn, Hall & Zahn), contract reporter. Parties and counsel appeared pursuant to adjournment of last evening, 10/18/95. Defendant resumed presentation of evidence. Stipulation between parties filed in open court. Defendant rested. Defendant stated that they withdrew claim under count 4 of counterclaim. Plaintiff moved for judgment as matter of law under count 2 of defendant's counterclaim. Argued. Court took motion under advisement. Court directed plaintiff to submit memorandum in support and proposed findings of fact and conclusions of law within 2 weeks; defendant to reply 10 days thereafter with memorandum and proposed findings of fact and conclusions of law; plaintiff to reply to defendants's response 1 week thereafter. (mwin)
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Blank -- Filed: 10/19/1995, Entered: 10/20/1995 Bench Trial - Held
Bench trial held (mwin)
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Blank 24 Filed: 10/18/1995, Entered: 10/20/1995 Trial Brief
TRIAL BRIEF by Virginia Beach received in open court (mwin)
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Blank 23 Filed: 10/18/1995, Entered: 10/20/1995 Docket Annotation
Cross Index of Keller Deposition Exhibits, by Continental, filed in open court (mwin) Modified on 10/20/1995
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Blank 22 Filed: 10/18/1995, Entered: 10/20/1995 Docket Annotation
DESIGNATION of testimony of L. DeMar Keller, by Continental, filed in open court (mwin)
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Blank 21 Filed: 10/18/1995, Entered: 10/20/1995 Docket Annotation
SUMMARY of DEPOSITION of L. DeMar Keller, P.E., by Continental, filed in open court (mwin)
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Blank 20 Filed: 10/18/1995, Entered: 10/20/1995 Deposition
Copy of DEPOSITION of L. DeMar Keller taken 8/25/95 filed in open court (mwin)
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Blank -- Filed: 10/18/1995, Entered: 10/20/1995 Minutes-Miscellaneous
TRIAL PROCEEDINGS - Minute entry: J. Calvitt Clarke, Jr., U.S. District Judge. Frances Zahn (of Zahn, Hall & Zahn), contract court reporter. Timothy G. Clancy and Robert F. Carney (admitted by court pro hac vice) appeared on behalf of plaintiff. Richard J. Beaver appeared on behalf of defendant. Matter came on for trial by court. Opening statements of counsel heard. Plaintiff presented evidence. Stipulation between parties read into record by counsel. Transcript of videotaped deposition of L. DeMar Keller taken on Friday, 8/25/95, filed in open court. Summary of Deposition of L. DeMar Keller, P.E.; Continental's Designation of Testimony of L. DeMar Keller, and Cross Index of Keller Deposition Exhibits filed in open court. Plaintiff rests. Defendant presented evidence. Defendant's Trial Memorandum received in open court. Court adjourned until tomorrow morning, 10/19/95, at 10:00 a.m. (mwin)
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Blank -- Filed: 10/18/1995, Entered: 10/20/1995 Bench Trial - Held
Bench trial held (continued to 10/19/95) (mwin)
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Blank 19 Filed: 10/13/1995, Entered: 10/13/1995 Trial Brief
TRIAL BRIEF by Continental Insur., received (mwin)
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Blank 18 Filed: 10/5/1995, Entered: 10/7/1995 Answer to Counterclaim
ANSWER by Continental Insur. to [16-1] amended claim by Virginia Beach (mwin)
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Blank 17 Filed: 9/29/1995, Entered: 9/29/1995 OrderCourt Filing
ORDER ON FINAL PRETRIAL CONFERENCE entered and filed 9/29/95 (signed by Magistrate Judge William T. Prince ) (mwin)
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Blank -- Filed: 9/29/1995, Entered: 9/29/1995 Pretrial Conference - Final
Final Pre-Trial Conference held (mwin)
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Blank 16 Filed: 9/25/1995, Entered: 9/27/1995 Counterclaim
AMENDED COUNTERCLAIM by Virginia Beach (contained in Answer to Amended Complaint) (mwin)
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Blank 16 Filed: 9/25/1995, Entered: 9/27/1995 Answer to Amended Complaint
ANSWER by Virginia Beach to amended complaint (mwin)
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Blank 15 Filed: 9/18/1995, Entered: 9/18/1995 Amended Complaint
AMENDED COMPLAINT by Continental Insur. amending [1-1] complaint (mwin)
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Blank 14 Filed: 9/18/1995, Entered: 9/18/1995 OrderCourt Filing
ORDER, agreed, granting [10-1] motion by Continental Insur. to Amend [1-1] complaint; directing clerk to accept amended complaint for filing; directing defendant to answer amended complaint within 10 days of order date (set Answer deadline to 10/2/95 for Virginia Beach) ; entered and filed 9/18/95 (signed by Judge John A. MacKenzie) Copies Mailed: 9/18/95 (mwin)
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Blank 13 Filed: 8/17/1995, Entered: 8/24/1995 Notice
AMENDED NOTICE by Virginia Beach to take deposition of DeMar Keller 8/18/95 (mwin)
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Blank 12 Filed: 8/10/1995, Entered: 8/16/1995 Notice
NOTICE by Virginia Beach to take de bene esse deposition of DeMar Keller 8/18/95 (mwin)
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Blank 11 Filed: 8/7/1995, Entered: 8/16/1995 Memorandum in Support
MEMORANDUM by Continental Insur. in support of [10-1] motion by Continental Insur. to Amend [1-1] complaint, received (mwin)
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Blank 10 Filed: 8/7/1995, Entered: 8/16/1995, Terminated: 9/18/1995 Motion to Amend/Correct
MOTION by Continental Insur. to Amend [1-1] complaint (with attached proposed amended complaint) (mwin)
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Blank 9 Filed: 7/27/1995, Entered: 7/31/1995 Notice
NOTICE by Virginia Beach to take deposition of corporate designee(s) of Continental Insurance Company 7/28/95 (mwin)
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Blank 8 Filed: 7/11/1995, Entered: 7/14/1995 OrderCourt Filing
ORDER ("Stipulation Regarding Discovery") allowing continental to conduct Deposition of Precon Construction Co. prior to 8/18/95 , agreed; entered and filed 7/11/95 (signed by Judge Robert G. Doumar) Copies Mailed: 7/11/95 (mwin)
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Blank 7 Filed: 5/30/1995, Entered: 6/1/1995 Notice of Appearance
NOTICE of Attorney Appearance/SUBSTITUTION of counsel for Continental Insur. by Wendy Ann Hartmann of Whiteford, Taylor & Preston; and withdrawal of Andrew J. Terrell and George J. Bachrach of Whiteford, Taylor & Preston (mwin)
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Blank 6 Filed: 4/28/1995, Entered: 5/3/1995 OrderCourt Filing
Order on Initial Pretrial Conference setting Trial date 10:00 10/18/95; setting Final Pretrial conference for 11:30 9/29/95; de bene esse depositions to be concluded on or before 9/1/95; Discovery cutoff for plaintiff 7/18/95; Discovery cutoff for defendant 8/18/95; entered 4/27/95, and filed 4/28/95 (signed by Magistrate Judge William T. Prince) Copies Mailed: 4/28/95 (mwin)
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Blank -- Filed: 4/27/1995, Entered: 5/3/1995 Pretrial Conference - Initial
Initial pretrial conference held (mwin)
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Blank -- Filed: 4/14/1995, Entered: 4/18/1995 Pretrial Conference - Initial
Initial pretrial conference set at 2:30 4/27/95 (mwin)
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Blank 5 Filed: 4/12/1995, Entered: 4/12/1995, Terminated: 11/30/1995 Answer to Counterclaim
ANSWER by Continental Insur. to [3-2] counter claim by Virginia Beach (mwin)
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Blank 4 Filed: 3/24/1995, Entered: 3/28/1995 Consent to Jurisdiction by U.S. Magistrate Judge
CONSENT to trial by Magistrate by Virginia Beach (filed ONLY AS TO VIRGINIA BEACH) (mwin)
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Blank 3 Filed: 3/20/1995, Entered: 3/20/1995, Terminated: 11/30/1995 Answer
ANSWER to Complaint and COUNTERCLAIM by Virginia Beach (Attorney Richard Jay Beaver) against Continental Insur. (mwin)
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Blank 2 Filed: 3/2/1995, Entered: 3/2/1995 Summons Returned Executed
SUMMONS Returned Executed as to Virginia Beach 2/28/95 by leaving copies with Sheila Murphy, Secretary for Leslie L. Lilley. Answer due on 3/20/95 for Virginia Beach (mwin)
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Blank 1 Filed: 2/27/1995, Entered: 2/27/1995 Complaint
COMPLAINT Filing Fee $ 120 pd. by Whiteford, Taylor & Preston L.L.P.; Receipt # 9595 (mwin)
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Blank -- Filed: 2/27/1995, Entered: 2/27/1995 Summons Issued
SUMMONS with 1 copy issued for Virginia Beach; Magistrate Judge notice (mwin)
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