Thomas, et al v. ITT Educational, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:95-cv-00514-JAM
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Parties
No Logo Karen Kidwell, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300

Represented by Epstein & Sandler PC

Name Phone Fax E-Mail
Space John Milton Flora +1 757 627 8900
No Logo Tejuana Thomas, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300

Represented by Epstein & Sandler PC

Name Phone Fax E-Mail
Space John Milton Flora +1 757 627 8900
No Logo Tracey Howell, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300

Represented by Epstein & Sandler PC

Name Phone Fax E-Mail
Space John Milton Flora +1 757 627 8900
v.
No Logo ITT Educational Services, Inc., Defendant

Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Richard Joshua Cromwell +1 757 640 3775 +1 757 640 8955 rcromwell@mcguirewoods.com
Space James Meriwether Lewis +1 703 712 5000

Represented by Taylor & Walker PC

Name Phone Fax E-Mail
Space Fred Bradford Stillman +1 757 625 7300
No Logo ITT Technical Institute-Norfolk, Defendant

Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Richard Joshua Cromwell +1 757 640 3775 +1 757 640 8955 rcromwell@mcguirewoods.com
Space James Meriwether Lewis +1 703 712 5000

Represented by Taylor & Walker PC

Name Phone Fax E-Mail
Space Fred Bradford Stillman +1 757 625 7300
Other Parties
No Logo Virginia Beach Department of Social Services, Movant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Nianza Emory Wallace, II +1 757 427 4531
Attributes
Office Norfolk
Filed 5/24/1995
Jury Demand Plaintiff
Demand $550000
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1441 Notice of Removal-Breach of Contract
Jurisdiction Diversity
Disposition Dismissed - Settled
County Norfolk City
Terminated 1/9/1996
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case L94-1410[Norfolk Circuit Ct.]
Def Custody Status
Flag CLOSED
Timeline
  Entries (67) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 53 Filed: 1/9/1996, Entered: 1/18/1996 OrderCourt Filing
ORDER Dismissing this case with prejudice; agreed; entered 1/8/96; filed 1/9/96 ( signed by Judge John A. MacKenzie ); OB; Copies Mailed: 01/09/96 (clerk)
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Blank -- Filed: 1/9/1996, Entered: 1/18/1996 Terminated Case
Case closed (clerk)
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Blank -- Filed: 1/9/1996, Entered: 1/18/1996 Case Assigned/Reassigned
CASE assigned to Judge John A. MacKenzie (clerk)
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Blank 52 Filed: 1/2/1996, Entered: 1/2/1996 OrderCourt Filing
ORDER granting [51-1] motion by ITT Technical, ITT Educational, Karen Kidwell, Tracey Howell, Tejuana Thomas to Extend Time to file Dismissed Agreed Order until 1/5/96; agreed; entered and filed 1/2/96 ( signed by Judge John A. MacKenzie ) Copies Mailed: 01/02/96 (clerk)
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Blank 51 Filed: 12/26/1995, Entered: 1/2/1996, Terminated: 1/2/1996 Motion for Extension
MOTION by ITT Technical, ITT Educational, Karen Kidwell, Tracey Howell, Tejuana Thomas to Extend Time to file Dismissed Agreed Order (clerk)
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Blank -- Filed: 12/12/1995, Entered: 12/12/1995 Motion Hearing
COURT PROCEEDINGS: JAM, Judge; Diane Gray, Reporter. John M. Flora, Esq. appeared on behalf of plaintiffs. Richard J. Cromwell, Esq. appeared on behalf of the defendants. Motion hearing held re: [36-1] motion by ITT Technical, ITT Educational to Extend Time in which to issue subpoena duces tecum, [34-1] motion by ITT Technical, ITT Educational to exclude expert testimony, [32-1] motion by ITT Technical, ITT Educational for Summary Judgment. Counsel noted that plaintiff withdraws its objection to the motion to extend time to issue subpoena duces tecum. Argument of counsel heard. On the motion to exclude expert testimony of Mr. Moore, plaintiff's counsel to advise the court, whether it would consent to the taking of this witness' deposition, by the end of this week. Rebuttal heard. Court takes matter under advisement. Court adjourned. (clerk)
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Blank 50 Filed: 12/11/1995, Entered: 12/11/1995 Memorandum in Support
MEMORANDUM by ITT Educational, ITT Technical in support of [49-1] motion by ITT Technical, ITT Educational to exclude plaintiff Karen Kidwell's lost wages claim received. (clerk)
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Blank 49 Filed: 12/11/1995, Entered: 12/11/1995, Terminated: 1/9/1996 Motion for Miscellaneous Relief
MOTION by ITT Technical, ITT Educational to exclude plaintiff Karen Kidwell's lost wages claim (clerk)
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Blank 48 Filed: 12/11/1995, Entered: 12/11/1995 Memorandum in Support
MEMORANDUM by ITT Educational, ITT Technical in support of [47-1] motion by ITT Technical, ITT Educational to Extend Time to Take Expert's Deposition received. (clerk)
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Blank 47 Filed: 12/11/1995, Entered: 12/11/1995, Terminated: 1/9/1996 Motion for Extension
MOTION by ITT Technical, ITT Educational to Extend Time to take expert's deposition (clerk) Modified on 12/11/1995
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Blank 46 Filed: 12/11/1995, Entered: 12/11/1995 Reply to Response to Motion
REPLY by ITT Educational, ITT Technical to response to [36-1] motion by ITT Technical, ITT Educational to Extend Time in which to issue subpoena duces tecum received. (clerk)
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Blank 45 Filed: 12/11/1995, Entered: 12/11/1995 Reply to Response to Motion
REPLY by ITT Educational, ITT Technical to response to [34-1] motion by ITT Technical, ITT Educational to exclude expert testimony received. (clerk)
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Blank 44 Filed: 12/11/1995, Entered: 12/11/1995 Reply to Response to Motion
REPLY by ITT Educational, ITT Technical to response to [32-1] motion by ITT Technical, ITT Educational for Summary Judgment received. (clerk)
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Blank -- Filed: 12/7/1995, Entered: 12/7/1995 Motion Hearing
Motion hearing re: [36-1] motion by ITT Technical, ITT Educational to Extend Time in which to issue subpoena duces tecum set at 11:30 a.m. on 12/12/95, [34-1] motion by ITT Technical, ITT Educational to exclude expert testimony set at 11:30 a.m. on 12/12/95, [32-1] motion by ITT Technical, ITT Educational for Summary Judgment set at 11:30 a.m. on 12/12/95 (clerk)
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Blank 43 Filed: 11/27/1995, Entered: 12/1/1995 Memorandum in Opposition
MEMORANDUM by Tejuana Thomas, Tracey Howell, Karen Kidwell in opposition to [36-1] motion by ITT Technical, ITT Educational to Extend Time in which to issue subpoena duces tecum received. (clerk)
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Blank 42 Filed: 11/27/1995, Entered: 12/1/1995 Memorandum in Opposition
MEMORANDUM by Tejuana Thomas, Tracey Howell, Karen Kidwell in opposition to [34-1] motion by ITT Technical, ITT Educational to exclude expert testimony received. (clerk)
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Blank 41 Filed: 11/27/1995, Entered: 12/1/1995 Affidavit
AFFIDAVIT of William E. Moore, III in support of [39-1] opposition memorandum by Karen Kidwell, Tracey Howell, Tejuana Thomas (clerk)
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Blank 40 Filed: 11/27/1995, Entered: 12/1/1995 Affidavit
AFFIDAVIT of Jeffery T. Hooghouse in support of [39-1] opposition memorandum by Karen Kidwell, Tracey Howell, Tejuana Thomas (clerk)
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Blank 39 Filed: 11/27/1995, Entered: 11/29/1995 Memorandum in Opposition
MEMORANDUM by Tejuana Thomas, Tracey Howell, Karen Kidwell in opposition to [32-1] motion by ITT Technical, ITT Educational for Summary Judgment received. (clerk)
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Blank 38 Filed: 11/22/1995, Entered: 11/24/1995 Memorandum in Support
SUPPLEMENTAL MEMORANDUM in support of [32-1] motion for Summary Judgment by ITT Technical, ITT Educational, received. (ariv)
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Blank 37 Filed: 11/16/1995, Entered: 11/17/1995 Memorandum in Support
MEMORANDUM by ITT Educational, ITT Technical in support of [36-1] motion by ITT Technical, ITT Educational to Extend Time in which to issue subpoena duces tecum received. (clerk)
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Blank 36 Filed: 11/16/1995, Entered: 11/17/1995 Motion for Extension
MOTION by ITT Technical, ITT Educational to Extend Time in which to issue subpoena duces tecum (clerk)
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Blank 35 Filed: 11/16/1995, Entered: 11/17/1995 Memorandum in Support
MEMORANDUM by ITT Educational, ITT Technical in support of [34-1] motion by ITT Technical, ITT Educational to exclude expert testimony received. (clerk)
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Blank 34 Filed: 11/16/1995, Entered: 11/17/1995 Motion for Miscellaneous Relief
MOTION by ITT Technical, ITT Educational to exclude expert testimony (clerk)
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Blank 33 Filed: 11/16/1995, Entered: 11/17/1995 Memorandum in Support
MEMORANDUM by ITT Educational, ITT Technical in support of [32-1] motion by ITT Technical, ITT Educational for Summary Judgment received. (clerk)
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Blank 32 Filed: 11/16/1995, Entered: 11/17/1995 Motion for Summary Judgment
MOTION by ITT Technical, ITT Educational for Summary Judgment (clerk)
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Blank -- Filed: 11/15/1995, Entered: 11/16/1995 Docket Annotation
Defect on [31-1] Notice Regarding Subpoena Duces Tecum removed at the direction of the Court. (clerk)
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Blank 31 Filed: 11/14/1995, Entered: 11/15/1995 Notice
NOTICE regarding subpoena duces tecum by ITT Educational, ITT Technical filed subject to defect. (clerk)
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Blank 30 Filed: 11/2/1995, Entered: 11/3/1995 Response to Motion
RESPONSE by Tejuana Thomas, Tracey Howell, Karen Kidwell to [29-1] motion by ITT Technical, ITT Educational to Extend Time in which to identify rebuttal expert witness (clerk)
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Blank 29 Filed: 10/25/1995, Entered: 10/26/1995 Motion for Extension
MOTION by ITT Technical, ITT Educational to Extend Time in which to identify rebuttal expert witness (clerk)
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Blank 28 Filed: 10/25/1995, Entered: 10/26/1995 Notice
NOTICE by ITT Educational, ITT Technical to take deposition of Tracey Howell (clerk)
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Blank 27 Filed: 10/25/1995, Entered: 10/26/1995 Notice
NOTICE by ITT Educational, ITT Technical to take deposition of Karen Kidwell (clerk)
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Blank 26 Filed: 10/25/1995, Entered: 10/26/1995 Notice
NOTICE by ITT Educational, ITT Technical to take deposition of Tejuana Thomas (clerk)
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Blank 25 Filed: 9/26/1995, Entered: 9/27/1995 Notice
NOTICE regarding subpoena duces tecum by ITT Educational, ITT Technical (clerk)
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Blank 24 Filed: 9/18/1995, Entered: 9/19/1995 Motion to Quash
MOTION by Social Services to Quash subpoena duces tecum (clerk)
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Blank 23 Filed: 9/8/1995, Entered: 9/11/1995 Notice
NOTICE regarding subpoena duces tecum by ITT Educational, ITT Technical (clerk)
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Blank 22 Filed: 9/5/1995, Entered: 9/6/1995 OrderCourt Filing
ORDER granting motion by Karen Kidwell, Tracey Howell, Tejuana Thomas for trial by jury; entered and filed 9/5/95 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 09/05/95 (clerk)
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Blank -- Filed: 9/1/1995, Entered: 9/5/1995 Motion Hearing
COURT PROCEEDINGS: WTP, Magistrate Judge; Diane Gray, Court Reporter. John Milton Flora, Esq., counsel present on behalf of plaintiffs. Richard Joshua Cromwell, Esq., counsel present on behalf of defendants. Motion hearing held re: [13-1] motion by Karen Kidwell, Tracey Howell, Tejuana Thomas to Compel and motion for jury trial. Comments of Court. Argument of counsel heard. Court GRANTED motion for jury trial. Plaintiff's motion to extend time to respond to expert testimony - GRANTED. Defendant's motion to respond to expert testimony - GRANTED. Defendant allowed 10 days to respond. Court will prepare an order. Court adjourned. (clerk)
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Blank 21 Filed: 8/29/1995, Entered: 8/29/1995 Reply to Response to Motion
REPLY by Tejuana Thomas, Tracey Howell, Karen Kidwell to [16-1] objection by defendant ITT Educational, defendant ITT Technical to [15-1] demand for jury by Karen Kidwell, Tracey Howell, Tejuana Thomas received. (clerk)
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Blank 20 Filed: 8/29/1995, Entered: 8/29/1995 Notice of Hearing.
SECOND NOTICE of Hearing: [16-1] Objection by defendants' to plaintiffs' jury demand set for 2:00 p.m. on 9/1/95 (clerk)
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Blank 19 Filed: 8/29/1995, Entered: 8/29/1995 Memorandum in Opposition
MEMORANDUM by ITT Educational, ITT Technical in opposition to [13-1] motion by Karen Kidwell, Tracey Howell, Tejuana Thomas to Compel received. (clerk)
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Blank 18 Filed: 8/29/1995, Entered: 8/29/1995 Notice of Hearing.
NOTICE of Hearing: Motion Hearing [13-1] motion by Karen Kidwell, Tracey Howell, Tejuana Thomas to Compel (clerk)
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Blank 17 Filed: 8/25/1995, Entered: 8/29/1995 Notice of Hearing.
NOTICE of Hearing: [16-1] Objection by defendants' to plaintiff's jury demand set for 2:00 p.m. on 9/1/95 (clerk) Modified on 08/29/1995
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Blank 16 Filed: 8/25/1995, Entered: 8/29/1995 Objection
OBJECTION by defendant ITT Educational, defendant ITT Technical to [15-1] demand jury by Karen Kidwell, Tracey Howell, Tejuana Thomas (clerk)
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Blank -- Filed: 8/25/1995, Entered: 8/25/1995 Set/Reset Deadlines:
Deadline updated; Motion Hearing set for 2:00 p.m. 9/1/95 for [13-1] motion by Karen Kidwell, Tracey Howell, Tejuana Thomas to Compel (clerk)
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Blank 15 Filed: 8/16/1995, Entered: 8/29/1995 Jury Demand
SECOND DEMAND for jury trial by Tejuana Thomas, Tracey Howell, Karen Kidwell with memorandum in support. (clerk)
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Blank 14 Filed: 8/15/1995, Entered: 8/18/1995 Answer to Amended Complaint
ANSWER by ITT Educational, ITT Technical to amended complaint (clerk)
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Blank 13 Filed: 8/11/1995, Entered: 8/14/1995 Motion to Compel
MOTION with Memorandum in Support by Karen Kidwell, Tracey Howell, Tejuana Thomas to Compel (clerk)
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Blank 12 Filed: 8/8/1995, Entered: 8/9/1995 OrderCourt Filing
MEMORANDUM OPINION AND ORDER granting [9-1] motion to Amend the previously filed Motion for Judgment (filed as document #11), construing the defendants' motion to dismiss as responsive to plaintiffs' amended complaint; granting in part (Count II), denying in part (Count III and claim for punitive damages) motion by ITT Technical, ITT Educational to Dismiss; entered and filed 8/8/95 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 08/08/95 (clerk)
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Blank 11 Filed: 8/4/1995, Entered: 8/9/1995 Amended Complaint
AMENDED COMPLAINT by Tejuana Thomas, Tracey Howell, Karen Kidwell (clerk)
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Blank -- Filed: 8/4/1995, Entered: 8/9/1995 Motion Hearing
COURT PROCEEDINGS: HCM, Jr., Judge; Diane Gray, Court Reporter. John Milton Flora appeared on behalf of plaintiffs. Richard Cromwell appeared on behalf of defendants. Motion hearing held re: [9-1] motion to Amend the previously filed Motion for Judgment by Karen Kidwell, Tracey Howell, Tejuana Thomas, [4-1] motion by ITT Technical, ITT Educational to Dismiss. Argument of counsel heard and comments of Court and findings read into record. Court GRANTS plaintiffs' motion to file amended complaint (#9). Court GRANTS defendants' motion to dismiss Count 2 of amended complaint (& original motion for judgment). Court DENIES defendants' motion to dismiss Count 3 and as to punitive damage aspects also/Count 4. (clerk)
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Blank 10 Filed: 8/3/1995, Entered: 8/3/1995 Reply to Response to Motion
REPLY by ITT Educational, ITT Technical to response to [4-1] motion by ITT Technical, ITT Educational to Dismiss received. (clerk)
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Blank 9 Filed: 8/2/1995, Entered: 8/3/1995, Terminated: 8/8/1995 Motion to Amend/Correct
MOTION with Memorandum in Support by Tejuana Thomas, Tracey Howell, Karen Kidwell to Amend the previously filed Motion for Judgment (clerk)
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Blank 8 Filed: 7/31/1995, Entered: 7/31/1995 Memorandum in Opposition
MEMORANDUM by Tejuana Thomas, Tracey Howell, Karen Kidwell in opposition to [4-1] motion by ITT Technical, ITT Educational to Dismiss received. (clerk)
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Blank 7 Filed: 7/25/1995, Entered: 7/28/1995 Motion for Miscellaneous Relief
MOTION by Karen Kidwell, Tracey Howell, Tejuana Thomas for trial by jury (clerk)
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Blank 6 Filed: 7/25/1995, Entered: 7/28/1995 OrderCourt Filing
Order on Initial Pretrial Conference setting Trial date 1/16/96; noting that a demand for trial by jury was submitted by plaintiffs to which the defendants object; plaintiffs brief supporting the demand shall be received by 8/18/95; any brief in opposition shall be received by 9/5/95; the clerk shall refer the file on 9/7/95 to one of the judges for decision on the memoranda submitted; Final Pretrial conference for 10:30 a.m. on 12/20/95; all de bene esse depositions shall be concluded on or before 11/22/95; Discovery cutoff for defendant 11/8/95 ; Discovery cutoff for plaintiff 10/10/95 ; setting deadlines for disclosure of expert testimony; noting defendants' pending motion to dismiss filed on 6/12/95; plaintiffs' brief in opposition to be received by 8/1/95; oral argument scheduled on this motion for 8/4/95 at 10:00 a.m.; entered and filed 7/25/95 ( signed by Magistrate Judge Tommy Miller ) Copies Mailed: 07/25/95 (clerk)
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Blank -- Filed: 7/25/1995, Entered: 7/28/1995 Motion Hearing
Motion hearing re: [4-1] motion by ITT Technical, ITT Educational to Dismiss set at 10:00 a.m. on 8/4/95 (clerk)
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Blank -- Filed: 7/25/1995, Entered: 7/28/1995 Pretrial Conference - Initial
Initial pretrial conference held (clerk)
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Blank -- Filed: 6/27/1995, Entered: 6/29/1995 Pretrial Conference - Initial
Initial pretrial conference reset at 2:15 p.m. on 7/25/95 (clerk)
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Blank -- Filed: 6/21/1995, Entered: 6/23/1995 Pretrial Conference - Initial
Initial pretrial conference set at 3:00 P.M. on 7/13/95 (ariv)
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Blank -- Filed: 6/15/1995, Entered: 6/15/1995 Docket Annotation
Referred for initial pretrial conference. (clerk)
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Blank 5 Filed: 6/12/1995, Entered: 6/15/1995 Memorandum in Support
MEMORANDUM by ITT Educational, ITT Technical in support of [4-1] motion by ITT Technical, ITT Educational to Dismiss received. (clerk)
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Blank 4 Filed: 6/12/1995, Entered: 6/15/1995 Motion to Dismiss
MOTION by ITT Technical, ITT Educational to Dismiss (clerk)
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Blank 3 Filed: 6/12/1995, Entered: 6/15/1995 Answer
ANSWER to Complaint by ITT Educational, ITT Technical (clerk)
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Blank -- Filed: 5/25/1995, Entered: 5/25/1995 Docket Annotation
Mag. form to counsel of record. (clerk)
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Blank 2 Filed: 5/24/1995, Entered: 5/25/1995 Docket Annotation
Copy of Notice of Removal filed in Circuit Court by defendants. (clerk)
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Blank 1 Filed: 5/24/1995, Entered: 5/25/1995 Notice of Removal
NOTICE OF REMOVAL from Norfolk Circuit Court by ITT Educational, ITT Technical ; FILING FEE $ 120.00; RECEIPT # 1629 (clerk)
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