McGilvray v. Hallmark Financial, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:95-cv-00355-jcc
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Summary

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Parties
No Logo Sandy L. McGilvray, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Samuel Robbins Brown, II +1 804 428 8100
Space Stephen Craig Mahan +1 757 340 7001
No Logo Hallmark Financial Group, Inc., Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Rebecca Lynn Deloria +1 757 628 5500

Represented by WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space John Yeardley Pearson, Jr. +1 757 628 5503 +1 757 628 5566
v.
No Logo Blockbuster Videos, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gregory Albert Giordano +1 757 687 7779 +1 757 687 1522
Space Bruce E. Titus +1 703 790 1911
No Logo Hallmark Financial Group, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Rebecca Lynn Deloria +1 757 628 5500

Represented by WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space John Yeardley Pearson, Jr. +1 757 628 5503 +1 757 628 5566
No Logo Blockbuster Videos, Inc., Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gregory Albert Giordano +1 757 687 7779 +1 757 687 1522
Space Bruce E. Titus +1 703 790 1911
No Logo Hallmark Financial Group, Inc., Cross-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Rebecca Lynn Deloria +1 757 628 5500

Represented by WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space John Yeardley Pearson, Jr. +1 757 628 5503 +1 757 628 5566
Other Parties
No Logo Blockbuster Videos, Inc., Cross-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gregory Albert Giordano +1 757 687 7779 +1 757 687 1522
Space Bruce E. Titus +1 703 790 1911
Attributes
Office Norfolk
Filed 4/14/1995
Jury Demand Plaintiff
Demand $300000
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 28 U.S.C. § 1441 Notice of Removal
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Virginia Beach City
Terminated 2/27/1996
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CL95-775[Virginia Beach Cir]
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 29 Filed: 3/12/1996, Entered: 3/12/1996 OrderCourt Filing
AMENDED ORDER Dismissing this action with prejudice; agreed; entered and filed 3/12/96 ( signed by Judge J. C. Clarke Jr. ); OB; Copies Mailed: 03/12/96 (clerk)
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Blank 28 Filed: 2/27/1996, Entered: 2/27/1996 OrderCourt Filing
ORDER Dismissing this case pursuant to settlement of the parties; retaining jurisdiction for the purpose of enforcing the settlement agreement resulting in dismissal of this action; entered and filed 2/27/96 ( signed by Judge J. C. Clarke Jr. ); OB; Copies Mailed: 02/27/96 (clerk)
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Blank -- Filed: 2/27/1996, Entered: 2/27/1996 Terminated Case
Case closed (clerk)
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Blank -- Filed: 2/27/1996, Entered: 2/27/1996 Case Assigned/Reassigned
CASE assigned to Judge J. C. Clarke Jr. (clerk)
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Blank 27 Filed: 1/16/1996, Entered: 1/24/1996 Memorandum in Support
MEMORANDUM by Hallmark Financial in support of [26-1] motion by Hallmark Financial to Exclude Expert Testimony received. (clerk)
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Blank 26 Filed: 1/16/1996, Entered: 1/24/1996 Motion for Miscellaneous Relief
MOTION by Hallmark Financial to Exclude Expert Testimony (clerk)
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Blank 25 Filed: 12/14/1995, Entered: 12/21/1995 Judgment*
JUDGMENT that Blockbuster's Motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure is DENIED as to Count II and GRANTED as to Count III of plaintiff's Motion for Judgment; entered by the Clerk 12/14/95; filed 12/14/95 (OB) Copies Mailed: 12/14/95 (clerk)
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Blank 24 Filed: 12/14/1995, Entered: 12/21/1995 OrderCourt Filing
MEMORANDUM AND ORDER granting in part (as to Count III of plaintiff's Motion for Judgment), denying in part (as to Count II of plaintiff's Motion for Judgment) [15-1] motion by Blockbuster Videos to Dismiss; entered and filed 12/14/95 ( signed by Judge J. C. Clarke Jr. ) Copies Mailed: 12/14/95 (clerk)
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Blank 23 Filed: 12/11/1995, Entered: 12/12/1995 Answer to Counterclaim
ANSWER by Blockbuster Videos to [20-1] counter claim by Hallmark Financial filed in open court. (clerk)
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Blank 22 Filed: 12/11/1995, Entered: 12/12/1995 OrderCourt Filing
ORDER that the defendant, Blockbuster Videos, Inc., be and hereby is permitted to file a late answer to the Counter-Claim filed against it; agreed; entered and filed in open court 12/11/95 ( signed by Judge J. C. Clarke Jr. ) Copies Mailed: (clerk)
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Blank -- Filed: 12/11/1995, Entered: 12/12/1995 Motion Hearing
COURT PROCEEDINGS: J. Calvitt Clarke, Jr., Judge; Sue Ash, Reporter. Samuel R. Brown, II, Esq. appeared on behalf of the plaintiff. Sandy L. McGilvray, plaintiff, appeared. Rebecca L. Deloria, Esq. appeared on behalf of Hallmark Financial Group. Gregory A. Giordano, Esq. appeared on behalf of Blockbuster Videos. Order to file lodged answer to counter-claim and answer filed in open court. Motion hearing held re: [15-1] motion by Blockbuster Videos to Dismiss. Argument of counsel heard. Court takes matter under advisement. Court adjourned. (clerk)
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Blank 21 Filed: 12/1/1995, Entered: 12/5/1995 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 2:30 p.m. on 12/11/95 for [15-1] motion by Blockbuster Videos to Dismiss (clerk)
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Blank 20 Filed: 10/23/1995, Entered: 10/24/1995 Counterclaim
COUNTERCLAIM by defendant Hallmark Financial against defendant Blockbuster Videos. (Ser. 10/23/95,m) (rlam)
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Blank 19 Filed: 10/23/1995, Entered: 10/24/1995 Answer to Crossclaim
ANSWER by Hallmark Financial to [17-1] cross claim by Blockbuster Videos (rlam)
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Blank 18 Filed: 10/6/1995, Entered: 10/6/1995 Memorandum in Opposition
MEMORANDUM by Sandy L. McGilvray in opposition to [15-1] motion by Blockbuster Videos to Dismiss received. (clerk)
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Blank 17 Filed: 9/29/1995, Entered: 10/3/1995 Crossclaim
CROSSCLAIM by Blockbuster Videos against Hallmark Financial (clerk)
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Blank 16 Filed: 9/25/1995, Entered: 9/26/1995 Memorandum in Support
MEMORANDUM by Blockbuster Videos in support of [15-1] motion by Blockbuster Videos to Dismiss received. (clerk)
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Blank 15 Filed: 9/25/1995, Entered: 9/26/1995, Terminated: 12/14/1995 Motion to Dismiss
MOTION by Blockbuster Videos to Dismiss (clerk)
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Blank 14 Filed: 9/18/1995, Entered: 9/19/1995 OrderCourt Filing
Order on Initial Pretrial Conference setting Jury Trial 10:00 a.m. on 2/1/96; proposed voir dire and written jury instructions to be received by the Clerk by 1/26/96; Final Pretrial conference for 2:00 p.m. on 1/24/96; all de bene esse depositions to be concluded on or before 1/3/96; Discovery cutoff for defendant 12/20/95 ; Discovery cutoff for plaintiff 11/20/95; setting deadlines for disclosure of expert testimony; by agreement, the contemplated answer or motion to dismiss of defendant Blockbuster Videos, Inc., shall be filed by 9/25/95, and any cross-claim of defendant Blockbuster Videos, Inc., shall be filed on or before 9/29/95; noting the appearance of Stephen C. Mahan as co-counsel of record for plaintiff; entered 9/14/95; filed 9/15/95 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 09/18/95 (clerk)
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Blank -- Filed: 9/14/1995, Entered: 9/19/1995 Pretrial Conference - Initial
Initial pretrial conference held (clerk)
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Blank 13 Filed: 9/12/1995, Entered: 9/12/1995 OrderCourt Filing
ORDER granting [11-1] motion by Blockbuster Videos for F. Stillman, R. Cromwell to Withdraw as Attorney (Terminated attorney Richard Joshua Cromwell for Blockbuster Videos, attorney Fred Bradford Stillman for Blockbuster Videos, Substituting Attorney Bruce E. Tutus as counsel for Blockbuster Videos, Inc.; agreed; entered and filed 9/12/95 ( signed by Judge John A. MacKenzie ) Copies Mailed: 09/12/95 (clerk)
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Blank -- Filed: 8/29/1995, Entered: 8/31/1995 Pretrial Conference - Initial
Initial pretrial conference set at 3:00 p.m. on 9/14/95 (clerk)
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Blank -- Filed: 8/24/1995, Entered: 8/24/1995 Docket Annotation
Referred for initial pretrial conference. (clerk)
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Blank 12 Filed: 8/3/1995, Entered: 8/4/1995 Memorandum in Support
MEMORANDUM by Blockbuster Videos in support of [11-1] motion by Blockbuster Videos for F. Stillman, R. Cromwell to Withdraw as Attorney received. (clerk)
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Blank 11 Filed: 8/3/1995, Entered: 8/4/1995, Terminated: 9/12/1995 Motion to Withdraw as Attorney
MOTION by Blockbuster Videos for F. Stillman, R. Cromwell to Withdraw as Attorney (clerk)
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Blank 10 Filed: 7/6/1995, Entered: 7/7/1995 OrderCourt Filing
ORDER denying [5-1] motion by Sandy L. McGilvray to Remand; entered and filed 7/6/95 ( signed by Judge Robert G. Doumar ) Copies Mailed: 07/07/95 (clerk)
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Blank 9 Filed: 5/26/1995, Entered: 5/30/1995 Docket Annotation
Joinder in Removal by Blockbuster Vioeos, Inc. (clerk)
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Blank 8 Filed: 5/22/1995, Entered: 5/24/1995 Reply to Response to Motion
REPLY by Sandy L. McGilvray to response to [5-1] motion by Sandy L. McGilvray to Remand, received. (clerk)
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Blank 7 Filed: 5/17/1995, Entered: 5/19/1995 Memorandum in Opposition
MEMORANDUM by Hallmark Financial in opposition to [5-1] motion by Sandy L. McGilvray to Remand, received. (clerk)
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Blank 6 Filed: 5/5/1995, Entered: 5/9/1995 Memorandum in Support
MEMORANDUM by Sandy L. McGilvray in support of [5-1] motion by Sandy L. McGilvray to Remand received. (clerk) Modified on 05/18/1995
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Blank 5 Filed: 5/5/1995, Entered: 5/9/1995, Terminated: 7/6/1995 Motion to Remand
MOTION by Sandy L. McGilvray to Remand (clerk)
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Blank 4 Filed: 5/4/1995, Entered: 5/5/1995 Docket Annotation
Copy of Demurrer filed in Circuit Court by defendant, Blockbuster Videos, Inc. (clerk)
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Blank 3 Filed: 4/19/1995, Entered: 4/20/1995 Answer
ANSWER to Complaint by Hallmark Financial (afor)
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Blank 2 Filed: 4/14/1995, Entered: 4/14/1995 Docket Annotation
Copy of Notice of Removal filed in Circuit Court by Defendant, Hallmark Financial Group, Inc. (clerk)
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Blank 1 Filed: 4/14/1995, Entered: 4/14/1995 Notice of Removal
NOTICE OF REMOVAL from Virginia Beach Circuit Court by Hallmark Financial; FILING FEE $ 120.00 RECEIPT # 1365 (clerk)
LREF

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