Brooks v. Pioneer Virginia

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:95-cv-01162-JEB
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Parties
No Logo Jacquelyn H. Brooks, Plaintiff

Represented by hoflaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Jack Ferrebee +1 757 425 5200 jferrebee@hoflaw.com
v.
No Logo Pioneer Virginia Beach, Inc., Defendant

Represented by Kaufman & Canoles, PC

Name Phone Fax E-Mail
Space Roy Barrow Blackwell +1 757 259 3800 +1 757 259 3838 rbblackwell@kaufcan.com

Represented by Womble Carlyle Sandridge & Rice, LLP

Name Phone Fax E-Mail
Space Richard Mark Feathers +1 919 755 2100
Attributes
Office Norfolk
Filed 12/5/1995
Jury Demand Plaintiff
Demand $150000
Nature of Suit 442 - Civil Rights: Employment
Cause Section 42 U.S.C. § 1981 Civil Rights
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Suffolk City
Terminated 8/5/1996
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Cases 96-2250[], 96-2250[]
Def Custody Status
Flags CLOSED, MAG
Timeline
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 8/10/2000, Entered: 8/28/2000 Docket Annotation
Jury instructions destroyed. (ariv)
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Blank 32 Filed: 10/21/1996, Entered: 10/23/1996 USCA Judgment
ORDER OF USCA the appellant has filed a motion to dismiss and appellee has filed a response to the motion; the Court dismisses this appeal, with prejudice.(certified copy) Re: [31-1] appeal by Jacquelyn H. Brooks. ob. (clerk)
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Blank -- Filed: 9/20/1996, Entered: 9/20/1996 USCA Case Number
USCA Case Number Re: [31-1] appeal by Jacquelyn H. Brooks CASE MANAGER: Cynthia W. Carter USCA NUMBER: 96-2250 (clerk)
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Blank -- Filed: 9/19/1996, Entered: 9/19/1996 USCA Case Number
USCA Case Number Re: [31-1] appeal by Jacquelyn H. Brooks CASE MANAGER: Cynthia W. Carter USCA NUMBER: 96-2250 (mgra)
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Blank -- Filed: 9/11/1996, Entered: 9/11/1996 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Judgment, Opinion and Order and docket sheet to USCA; copy of notice of appeal, docketing statement, receipt and transcript order to Jack E. Ferrebee, Esq., copy of notice of appeal mailed to counsel of record, [31-1] appeal by Jacquelyn H. Brooks. (mgra)
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Blank 31 Filed: 8/30/1996, Entered: 9/10/1996 Notice of Appeal
NOTICE OF APPEAL by Jacquelyn H. Brooks . FILING FEE $ 105.00 RECEIPT # 12489 (mgra)
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Blank 30 Filed: 8/5/1996, Entered: 8/5/1996 Judgment*
JUDGMENT granting defendant's motion to reconsider; and, pursuant to orders filed 6/27/96 and 8/5/96, granting summary judgment to defendant on all claims; entered by clerk 8/2/96 and filed 8/5/96. Copies Mailed: 8/5/96. ob (mwin)
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Blank 29 Filed: 8/5/1996, Entered: 8/5/1996 OrderCourt Filing
OPINION AND ORDER granting [24-1] motion by Pioneer Virginia to reconsider ; and granting Summary Judgment for defendant on ADA claim ; entered 8/2/96; filed 8/5/96 (signed by Magistrate Judge James E. Bradberry) Copies Mailed: 8/5/96 (mwin)
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Blank -- Filed: 8/5/1996, Entered: 8/5/1996 Case Assigned/Reassigned
CASE assigned to Magistrate Judge James E. Bradberry (mwin)
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Blank -- Filed: 8/5/1996, Entered: 8/5/1996 Terminated Case
Case closed (mwin)
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Blank 28 Filed: 7/17/1996, Entered: 7/17/1996 Reply to Response to Motion
REPLY by Pioneer Virginia to response to [24-1] motion by Pioneer Virginia for Reconsideration of [20-1] opinion and order, received (mwin)
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Blank 27 Filed: 7/15/1996, Entered: 7/16/1996 Memorandum in Opposition
MEMORANDUM by Jacquelyn H. Brooks in opposition to [24-1] motion by Pioneer Virginia for Reconsideration of [20-1] opinion and order, received. (afor)
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Blank 26 Filed: 7/12/1996, Entered: 7/12/1996 TranscriptCourt Filing
TRANSCRIPT of proceedings 4/17/96 before Magistrate Judge James E. Bradberry (mwin)
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Blank 25 Filed: 7/3/1996, Entered: 7/8/1996 Memorandum in Support
MEMORANDUM by Pioneer Virginia in support of [24-1] motion by Pioneer Virginia for Reconsideration of [20-1] opinion and order, received (mwin)
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Blank 24 Filed: 7/3/1996, Entered: 7/8/1996, Terminated: 8/5/1996 Motion for Reconsideration
MOTION by Pioneer Virginia for Reconsideration of [20-1] opinion and order (mwin)
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Blank 23 Filed: 7/3/1996, Entered: 7/3/1996 Judgment*
JUDGMENT granting defendant's motion for reconsideration; REAFFIRMING this Court's Opinion and Order filed 6/27/96; entered by clerk and filed 7/3/96. Copies Mailed: 7/3/96. ob (mwin)
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Blank 22 Filed: 7/3/1996, Entered: 7/3/1996, Terminated: 7/3/1996 Motion for Reconsideration
MOTION with Memorandum in Support by Pioneer Virginia for Reconsideration of [20-1] order (See 7/3/96 order) (mwin)
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Blank 22 Filed: 7/3/1996, Entered: 7/3/1996 Memorandum in Support
Supplemental MEMORANDUM by Pioneer Virginia in support of [8-1] motion by Pioneer Virginia for Summary Judgment, received (see order) (mwin)
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Blank 21 Filed: 7/3/1996, Entered: 7/3/1996 OrderCourt Filing
OPINION and ORDER treating Pioneer's motion to file supplemental authority as motion for reconsideration; granting defendant's motion for reconsideration; finding that Ellison v. Software Spectrum, Inc.'s facts preclude it from dictating result in this case; declining to follow Ellison and reaffirming this Court's earlier Opinion and Order; filed 7/3/96 (signed by Magistrate Judge James E. Bradberry) Copies Mailed: 7/3/96 (mwin)
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Blank -- Filed: 7/3/1996, Entered: 7/3/1996 Set/Reset Deadlines:
Deadline updated; granting [22-1] motion by Pioneer Virginia for Reconsideration of [20-1] order (mwin)
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Blank -- Filed: 7/3/1996, Entered: 7/3/1996 Set/Reset Deadlines:
Deadline updated; granting [19-1] motion by Pioneer Virginia for Leave to File supplemental authority in support of defendant's motion for summary judgment (mwin)
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Blank 20 Filed: 6/27/1996, Entered: 6/27/1996 OrderCourt Filing
OPINION and ORDER finding genuine issue of material fact exists as to whether plaintiff suffered from "disability" as defined by ADA, and, if so, whether defendant provided required reasonable accommodation; accordingly, DENYING [8-1] motion by Pioneer Virginia for Summary Judgment as to ADA claim, plaintiff's first cause of action; holding that Virginian's with Disabilities Act preempts any action plaintiff has for wrongful discharge in violation of public policy, and GRANTING [8-1] motion by Pioneer Virginia for Summary Judgment as to wrongful discharge claim, plaintiff's second cause of action; entered 6/26/96; filed 6/27/96 (signed by Magistrate Judge James E. Bradberry) Copies Mailed: 6/27/96 (mwin)
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Blank 19 Filed: 6/24/1996, Entered: 6/26/1996 Motion for Leave to File
MOTION by Pioneer Virginia for Leave to File supplemental authority in support of defendant's motion for summary judgment (with proposed"Supplemental Authority in Support of Defendant's Motion for Summary Judgment, or Alternatively, Motion to Reconsider in Light of Additional Authority") (mwin)
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Blank 18 Filed: 6/21/1996, Entered: 6/22/1996 OrderCourt Filing
ORDER ON FINAL PRETRIAL CONFERENCE entered in presence of counsel and filed 6/21/96 (signed by Magistrate Judge William T. Prince) (mwin)
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Blank 17 Filed: 6/21/1996, Entered: 6/22/1996 Motion in LimineCourt Filing
MOTION by Jacquelyn H. Brooks in Limine to exclude testimony re plaintiff's interpersonal relationships with Pioneer employees ; filed at final pretrial conference by Magistrate Judge William T. Prince (mwin)
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Blank -- Filed: 6/21/1996, Entered: 6/22/1996 Order
SO ORDERED: sustaining [16-1] motion by Pioneer Virginia in Limine excluding as witnesses Steven Heretick, Andrew Brooks, and Charlotte Michie; noting plaintiff's counsel does not intend to offer evidence referenced as "evidence of speculative and unrealized manifestations of Brooks' illness"; endorsed on [16] motion 6/21/96 in presence of counsel at FPTC (signed by Magistrate Judge William T. Prince) (mwin) Modified on 06/22/1996
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Blank -- Filed: 6/21/1996, Entered: 6/22/1996 Order
SO ORDERED: granting [17-1] motion by Jacquelyn H. Brooks in Limine to exclude testimony re plaintiff's interpersonal relationships with Pioneer employees; endorsed on [17] motion in presence of counsel at FPTC (signed by Magistrate Judge William T. Prince) (mwin)
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Blank -- Filed: 6/21/1996, Entered: 6/22/1996 Pretrial Conference - Final
Final Pre-Trial Conference held (mwin)
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Blank 16 Filed: 6/20/1996, Entered: 6/20/1996, Terminated: 6/21/1996 Motion in Limine
MOTION with Memorandum in Support by Pioneer Virginia in Limine (mwin)
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Blank -- Filed: 4/17/1996, Entered: 4/19/1996 Minutes-Miscellaneous
COURT PROCEEDINGS Minute entry: Magistrate Judge James E. Bradberry. Reporter: Sue Ash, official court reporter. Jack Ferrebee appeared on behalf of plaintiff. Richard Feathers appeared on behalf of defendant. Matter came on for hearing on [8-1] motion by Pioneer Virginia for Summary Judgment. Arguments heard. Court takes matter under advisement. Court adjourned. (mwin)
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Blank -- Filed: 4/17/1996, Entered: 4/19/1996 Motion Hearing
Motion hearing held re: [8-1] motion by Pioneer Virginia for Summary Judgment (mwin)
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Blank -- Filed: 4/12/1996, Entered: 4/12/1996 Motion Hearing
Motion hearing re: [8-1] motion by Pioneer Virginia for Summary Judgment set at 2:00 4/17/96 (mwin)
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Blank 15 Filed: 4/8/1996, Entered: 4/9/1996 Reply to Response to Motion
REPLY by Pioneer Virginia to response to [8-1] motion by Pioneer Virginia for Summary Judgment, received (mwin)
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Blank 14 Filed: 4/2/1996, Entered: 4/9/1996 Affidavit
AFFIDAVIT by Jacquelyn H. Brooks in support of [13-1] opposition memorandum by Jacquelyn H. Brooks (mwin)
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Blank 13 Filed: 4/2/1996, Entered: 4/9/1996 Memorandum in Opposition
MEMORANDUM by Jacquelyn H. Brooks in opposition to [8-1] motion by Pioneer Virginia for Summary Judgment, received (mwin)
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Blank 12 Filed: 3/22/1996, Entered: 3/28/1996 Affidavit
AFFIDAVIT of Robert G. Hofheimer, Jr., a managing partner in Pioneer Virginia in support of [8-1] motion by Pioneer Virginia for Summary Judgment by Pioneer Virginia (mwin)
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Blank 11 Filed: 3/22/1996, Entered: 3/28/1996 Affidavit
AFFIDAVIT of Linda Kidd, submitted by Pioneer Virginia in support of [8-1] motion by Pioneer Virginia for Summary Judgment (mwin)
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Blank 10 Filed: 3/22/1996, Entered: 3/28/1996 Affidavit
AFFIDAVIT of J. Henry "Hank" Godwin, III, managing partner of Pioneer Virginia in support of [8-1] motion by Pioneer Virginia for Summary Judgment (mwin)
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Blank 9 Filed: 3/22/1996, Entered: 3/28/1996 Memorandum in Support
MEMORANDUM by Pioneer Virginia in support of [8-1] motion by Pioneer Virginia for Summary Judgment, received (mwin)
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Blank 8 Filed: 3/22/1996, Entered: 3/28/1996, Terminated: 6/27/1996 Motion for Summary Judgment
MOTION by Pioneer Virginia for Summary Judgment (mwin)
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Blank 7 Filed: 2/13/1996, Entered: 2/14/1996 Consent to Jurisdiction by U.S. Magistrate JudgeCourt Filing
CONSENT to trial by Magistrate Judge by Pioneer Virginia (Pioneer Virginia Beach, Inc.), appeal to lie in USCA; Note: Plaintiff's consent filed 1/25/96 (mwin) Modified on 06/27/1996
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Blank 6 Filed: 1/26/1996, Entered: 2/14/1996 OrderCourt Filing
Order on Initial Pretrial Conference setting JURY TRIAL 10:00, 7/16/96; proposed voir dire and jury instructions to be received by clerk by 7/9/96; setting Final Pretrial conference for 10:00, 6/21/96; de bene esse depositions to be concluded by 5/31/96; Discovery cutoff for plaintiff 4/17/96; Discovery cutoff for defendant 5/17/96; directing that all pleadings be and hereby are changed to indicate correct name of defendant as Pioneer Virginia Beach, Inc., t/a Pioneer Title; entered 1/25/96; filed 1/26/96 (signed by Magistrate Judge William T. Prince) Copies Mailed: 1/26/96 (mwin)
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Blank 5 Filed: 1/25/1996, Entered: 2/14/1996 Consent to Jurisdiction by U.S. Magistrate JudgeCourt Filing
CONSENT to trial by Magistrate Judge by Jacquelyn H. Brooks, electing appeal to USCA; filed only as to plaintiff (mwin) Modified on 06/27/1996
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Blank -- Filed: 1/25/1996, Entered: 2/14/1996 Pretrial Conference - Initial
Initial pretrial conference held (mwin)
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Blank -- Filed: 1/12/1996, Entered: 1/23/1996 Pretrial Conference - Initial
Initial pretrial conference set at 2:45 1/25/96 (mwin)
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Blank -- Filed: 1/4/1996, Entered: 1/4/1996 Docket Annotation
Referred for IPTC scheduling (mwin)
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Blank 4 Filed: 1/3/1996, Entered: 1/4/1996 Notice
NOTICE of issuance of subpoenae duces tecum to Dilip K. Sarkar, M.D.; John Chacko, M.D.; John E. Kostinas, M.D.; Leslie R. DeMars, M.D.; Vandana A. Patel, M.D.; John t. Bowers, III, M.D.; and Maryview Medical Center, by MLA, INC. (mwin)
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Blank 3 Filed: 12/29/1995, Entered: 1/4/1996 Answer
ANSWER to Complaint by MLA, INC. (Attorney Roy Barrow Blackwell, Richard Mark Feathers) (mwin)
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Blank 2 Filed: 12/12/1995, Entered: 12/14/1995 Summons Returned Executed
SUMMONS Returned Executed as to MLA, INC. 12/11/95 by service at 600 Main St., Suite 1130, Norfolk, Va. (upon J. Henry Godwin, Registered Agent). Answer due on 1/2/96 for MLA, INC. (mwin)
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Blank -- Filed: 12/6/1995, Entered: 12/6/1995 Summons Issued
SUMMONS with 1 copy issued for MLA, INC.; Mag. Judge notice; mailed to counsel (mwin)
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Blank 1 Filed: 12/5/1995, Entered: 12/6/1995 Complaint
COMPLAINT; Filing Fee $ 120.00 pd. by Jack E. Ferrebee Receipt # 10633; jury demand (mwin)
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