MAGUS, M/Y, et al v.

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:96-cv-00919-JAM
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Parties
No Logo Alfred Goldman, Plaintiff

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space Richard Alan Saunders +1 757 461 7100 rsaunders@furnissdavis.com

Represented by Vandeventer Black LLP

Name Phone Fax E-Mail
Space Henry Paul Bouffard +1 757 446 8600 hbouffard@vanblk.com
No Logo IN THE MATTER OF THE COMPLAINT OF ALFRED GOLDMAN AS OWNER OF THE M/Y MAGUS (EX. PRINCESS CONSUELA) FOR EXONERATION FROM OR LIMITATION OF LIABILITY, Plaintiff

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space Richard Alan Saunders +1 757 461 7100 rsaunders@furnissdavis.com

Represented by Vandeventer Black LLP

Name Phone Fax E-Mail
Space Henry Paul Bouffard +1 757 446 8600 hbouffard@vanblk.com
v.
No Logo Stephen Satterthwaite, Cross-Defendant

Represented by Breeden Salb Beasley & DuVall

Name Phone Fax E-Mail
Space Thomas Jeffrey Salb +1 757 622 1111 JSalb@breedenlaw.net

Represented by Law Office of Roger Albright

Name Phone Fax E-Mail
Space Brian P. Flanagan +1 617 482 3366 +1 617 482 3467 sealaw@comcast.net
Other Parties
No Logo David Kitching, Cross-Claimant

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space Richard Alan Saunders +1 757 461 7100 rsaunders@furnissdavis.com
No Logo David Kitching, Third Party Defendant

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space Richard Alan Saunders +1 757 461 7100 rsaunders@furnissdavis.com
No Logo Stephen Satterthwaite, Third Party Defendant

Represented by Breeden Salb Beasley & DuVall

Name Phone Fax E-Mail
Space Thomas Jeffrey Salb +1 757 622 1111 JSalb@breedenlaw.net

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space Richard Alan Saunders +1 757 461 7100 rsaunders@furnissdavis.com
No Logo Stephen Satterthwaite, Claimant

Represented by Breeden Salb Beasley & DuVall

Name Phone Fax E-Mail
Space Darlene Paige Bradberry +1 757 622 1111 dbradberry@breedenlaw.net
Space Thomas Jeffrey Salb +1 757 622 1111 JSalb@breedenlaw.net

Represented by Law Office of Roger Albright

Name Phone Fax E-Mail
Space Brian P. Flanagan +1 617 482 3366 +1 617 482 3467 sealaw@comcast.net
No Logo Wallace E. Chandler, Jr., Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Harriss Wood +1 504 525 3200

Represented by Poole Mahoney PC

Name Phone Fax E-Mail
Space Jeffrey Franklin Brooke +1 757 499 1841

Represented by Ventker & Warman, PLLC

Name Phone Fax E-Mail
Space David N. Ventker +1 757 625 1192 +1 757 625 1476 dventker@ventkerlaw.com
No Logo Wallace E. Chandler, Jr., Third Party Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Harriss Wood +1 504 525 3200

Represented by Poole Mahoney PC

Name Phone Fax E-Mail
Space Jeffrey Franklin Brooke +1 757 499 1841

Represented by Ventker & Warman, PLLC

Name Phone Fax E-Mail
Space David N. Ventker +1 757 625 1192 +1 757 625 1476 dventker@ventkerlaw.com
Attributes
Office Norfolk
Filed 9/18/1996
Jury Demand Plaintiff
Demand $0
Nature of Suit 340 - Personal Injury: Marine
Cause Section 28 U.S.C. § 1333 Admiralty
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Out of State
Terminated 1/28/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case CL95-290[Chesapeake Circuit]
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 44 Filed: 1/28/1997, Entered: 1/30/1997 OrderCourt Filing
ORDER that all matters have been settled, Dismissing all matters alleged and set forth in the claim and answer of Wallace E. Chandler, Jr. and any amendments thereto, and in the claim of Stephen Satterthwaite, with prejudice, each side to bear its own costs ; that all other claims, cross-claims, counterclaims and impleader claims filed herein are hereby dismissed with prejudice, each side to bear its own costs; that all other persons having or claiming to have sustained any loss, damage or injury, etc. are hereby perpetually enjoined and restrained from instituting or prosecuting in any manner whatsoever, in this or in any other proceeding, suit or action, in any Court, any claim, action, suit or proceeding, against Alfred Goldman or the M/Y MAGUS, in rem; that all bonds posted in this case be and the same are hereby cancelled and declared null and void, entered January 28, 199_, and filed January 28, 1997 (signed by Judge Henry C. Morgan Jr.) o.b. Certified copies in bond book. Copies Mailed: 1/28/97 (rlam)
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Blank -- Filed: 1/28/1997, Entered: 1/30/1997 Terminated Case
Case closed (rlam)
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Blank -- Filed: 1/28/1997, Entered: 1/30/1997 Case Assigned/Reassigned
CASE assigned to Judge John A. MacKenzie (rlam)
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Blank 43 Filed: 12/19/1996, Entered: 12/20/1996 Motion for Discovery
MOTION with Memorandum in Support by Wallace E. Chandler Jr. by Wallace E. Chandler Jr. to exclude witnesses (rlam)
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Blank -- Filed: 12/18/1996, Entered: 12/20/1996 Minutes-Miscellaneous
COURT PROCEEDINGS - JAMacK, Judge. Gloria Smith, Reporter. Counsel appeared. Matter came on for pending motions. Arguments heard on motion to strike jury demand. Court ruled that NO JURY as to limitation of liability and JURY as to Liability as to damages, ruling in the record. Arguments heard on claimant Chandlers' motion for summary judgment. Court denied, ruling in record. Court will prepare order pursuant to rulings made. Minute entry: denying [41-1] motion by Wallace E. Chandler Jr. for partial Summary Judgment (rlam)
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Blank -- Filed: 12/18/1996, Entered: 12/20/1996 Motion Hearing
Motion hearing held re: [41-1] motion by Wallace E. Chandler Jr. for partial Summary Judgment by Wallace E. Chandler Jr. (rlam)
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Blank 42 Filed: 12/13/1996, Entered: 12/16/1996 Memorandum in Support
MEMORANDUM by Wallace E. Chandler Jr. in support of [41-1] motion by Wallace E. Chandler Jr. for partial Summary Judgment, received. (rlam)
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Blank 41 Filed: 12/13/1996, Entered: 12/16/1996 Motion for Summary Judgment
MOTION by Wallace E. Chandler Jr. for partial Summary Judgment (rlam)
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Blank 40 Filed: 12/13/1996, Entered: 12/16/1996 Answer to Counterclaim
ANSWER by Stephen Satterthwaite to [39-1] counter claim by Alfred Goldman (rlam)
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Blank 39 Filed: 12/13/1996, Entered: 12/16/1996 Counterclaim
COUNTERCLAIM by Alfred Goldman against claimant Stephen Satterthwaite (rlam)
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Blank 38 Filed: 12/13/1996, Entered: 12/16/1996 OrderCourt Filing
Order on Initial Pretrial Conference setting Jury Trial at 10:00 a.m. on 1/15/97; and Final Pretrial conference for 2:00 p.m. on 1/3/97; all de bene esse depositions shall be concluded on or before December 23, 1996; Discovery cutoff for plaintiff is 12/20/96; Discovery cutoff for defendant and third-party defendant is 12/20/96; Claimant Wallace E. Chandler, Jr. shall respond to presently pending discovery within the time provided by the Rules; the counterclaim of Alfred Goldman against Stephen Satterthwaite, received on November 6, 1996, is ORDERED FILED; Contemplated motions to strike the jury demand and bifurcate trial, and claimant's contemplated motion for summary judgment shall be filed, with supporting memoranda, on or before November 25, 1996; responses shall be received by the Clerk on or before December 6, 1996, with any replies to be received by December 10, 1996; Argument on all pending motions is hereby scheduled at 2:00 p.m. on 12/18/96, entered November 7, 1996 and filed December 13, 1996 (signed by Judge John A. MacKenzie) Copies Mailed: 12/13/96 (rlam)
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Blank 37 Filed: 12/12/1996, Entered: 12/16/1996 OrderCourt Filing
OPINION AND ORDER terminating [13-1] motion by Alfred Goldman to Modify subpoenas duces tecum (see order for specifics), entered and filed December 12, 1996 (signed by Judge John A. MacKenzie Copies Mailed: 12/12/96 (rlam)
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Blank 36 Filed: 12/10/1996, Entered: 12/10/1996 Reply to Response to Motion
REPLY MEMORANDUM by Wallace E. Chandler Jr. to [35-1] response to [41-0] motion for partial summary judgment, received. (motion LODGED on 11/25/96) (rlam) Modified on 12/16/1996
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Blank 35 Filed: 12/6/1996, Entered: 12/10/1996 Memorandum in Opposition
MEMORANDUM by Alfred Goldman in opposition to [41-0] motion by Wallace E. Chandler, Jr. for partial summary judgment, received. (motion LODGED on 11/25/96) (rlam) Modified on 12/16/1996
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Blank 34 Filed: 12/5/1996, Entered: 12/10/1996 Memorandum in Opposition
MEMORANDUM by Wallace E. Chandler Jr. in opposition to [31-1] opposition response to [8-1] jury demand by Alfred Goldman, received. (rlam)
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Blank 33 Filed: 11/25/1996, Entered: 12/5/1996 Reply to Response to Motion
REPLY BRIEF by Wallace E. Chandler Jr. to [30-1] response to [24-1] motion by Wallace E. Chandler Jr. to Amend [9-1] answer by Wallace E. Chandler Jr., [9-1] claim admiralty by Wallace Chandler Jr., received. (rlam)
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Blank 32 Filed: 11/25/1996, Entered: 11/25/1996 Memorandum in Support
MEMORANDUM by Alfred Goldman in support of [31-1] opposition motion by Alfred Goldman, received. (rlam)
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Blank 31 Filed: 11/25/1996, Entered: 11/25/1996, Terminated: 1/28/1997 Response in Opposition to Motion
MOTION by Alfred Goldman in opposition to [8-1] demand jury or in the alternative as to issues raised as to limitation by Wallace E. Chandler Jr. (rlam)
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Blank -- Filed: 11/25/1996, Entered: 12/5/1996 Docket Annotation
Motion with Memorandum of Wallace E. Chandler, Jr. for partial summary judgment, LODGED. (rlam)
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Blank -- Filed: 11/25/1996, Entered: 11/25/1996 Docket Annotation
Answer of Stephen Satterthwaite to Counterclaim of Alfred Goldman, LODGED. (rlam)
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Blank 30 Filed: 11/18/1996, Entered: 11/18/1996 Memorandum in Opposition
MEMORANDUM by David Kitching in opposition to [24-1] motion by Wallace E. Chandler Jr. to Amend [9-1] answer by Wallace E. Chandler Jr., [9-1] claim admiralty by Wallace E. Chandler Jr., received (mwin)
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Blank 29 Filed: 11/18/1996, Entered: 11/18/1996 OrderCourt Filing
ORDER, agreed, directing that all discovery in Chesapeake Circuit Court Law No. CL95-290 styled Wallace E. Chandler, Jr. v. David D. Kitching, et al shall be binding upon parties herein to same extent as if said discovery had been propounded and taken in this action ; entered and filed 11/18/96 (signed by Judge John A. MacKenzie) Copies Mailed: 11/18/96 (mwin)
LREF
Blank -- Filed: 11/15/1996, Entered: 11/18/1996 Docket Annotation
Answer of David D. Kitching to crossclaim and third-party complaint of Stephen Satterthwaite (mwin)
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Blank -- Filed: 11/15/1996, Entered: 11/18/1996 Docket Annotation
Answer of Alfred Goldman and M/Y Magus to crossclaim of Stephen Satterthwaite, LODGED (mwin)
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Blank -- Filed: 11/7/1996, Entered: 12/16/1996 Pretrial Conference - Initial
Initial pretrial conference held (rlam)
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Blank -- Filed: 11/7/1996, Entered: 11/15/1996 Docket Annotation
Crossclaim and Third-Party Compliant by Stephen Satterthwaite against David D. Kitching, LODGED. (rlam)
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Blank -- Filed: 11/7/1996, Entered: 11/15/1996 Docket Annotation
Answer to crossclaim on the Third-Party Complaint of David D. Kitching, LODGED. (rlam) Modified on 11/15/1996
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Blank 28 Filed: 11/6/1996, Entered: 11/6/1996 Crossclaim
CROSSCLAIM by David Kitching against Stephen Satterthwaite (rlam) Modified on 11/06/1996
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Blank 27 Filed: 11/6/1996, Entered: 11/6/1996, Terminated: 1/28/1997 Answer
ANSWER by David Kitching to [10-1] third-party complaint by Wallace E. Chandler Jr. (rlam) Modified on 11/06/1996
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Blank 26 Filed: 11/6/1996, Entered: 11/6/1996 OrderCourt Filing
ORDER that the defendant Kitching shall be and is hereby granted leave to file a response to the impleader; that it shall be and is hereby deemed timely filed, emtered and filed November 6, 1996 (signed by Judge John A. MacKenzie ) Copies Mailed: 11/6/96 (rlam) Modified on 11/06/1996
LREF
Blank -- Filed: 11/6/1996, Entered: 11/6/1996 Docket Annotation
Cross-Claims against David Kitching and Stephen Satterthwaite, LODGED. (rlam)
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Blank -- Filed: 11/6/1996, Entered: 11/6/1996 Docket Annotation
Amended Claim and Answer of Wallace E. Chandler, Jr., LODGED. (rlam)
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Blank -- Filed: 11/6/1996, Entered: 11/6/1996 Docket Annotation
Counterclaim of Alfred Goldman against Stephen Satterwaite. (rlam)
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Blank 25 Filed: 11/5/1996, Entered: 11/6/1996 Memorandum in Support
MEMORANDUM by Wallace E. Chandler Jr. in support of [24-1] motion by Wallace E. Chandler Jr. to Amend [9-1] answer by Wallace E. Chandler Jr., [9-1] claim admiralty by Wallace E. Chandler Jr., received. (rlam) Modified on 11/06/1996
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Blank 24 Filed: 11/5/1996, Entered: 11/6/1996 Motion to Amend/Correct
MOTION by Wallace E. Chandler Jr. to Amend [9-1] answer by Wallace E. Chandler Jr., [9-1] claim admiralty (rlam) Modified on 11/06/1996
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Blank 23 Filed: 10/31/1996, Entered: 11/6/1996 Affidavit
AFFIDAVIT of Will Calloway, filed in open court. (rlam)
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Blank -- Filed: 10/31/1996, Entered: 11/1/1996 Minutes-Miscellaneous
COURT PROCEEDINGS - JAMacK, Judge. Gloria Smith, Reporter. Counsel appeared. Matter came on: [13-1] motion by Alfred Goldman to Modify subpoenas duces tecum. Affidavit of Will Calloway filed in open court. Argued. Court takes matter under advisement. (rlam)
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Blank -- Filed: 10/31/1996, Entered: 11/1/1996 Motion Hearing
Motion hearing held re: [13-1] motion by Alfred Goldman to Modify subpoenas duces tecum by Alfred Goldman (rlam)
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Blank -- Filed: 10/31/1996, Entered: 10/31/1996 Pretrial Conference - Initial
Initial pretrial conference set at 3:00 p.m. on 11/7/96 (rlam)
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Blank 22 Filed: 10/28/1996, Entered: 10/29/1996 Memorandum in Opposition
MEMORANDUM by Wallace E. Chandler Jr. in opposition to [13-1] motion by Alfred Goldman to Modify subpoenas duces tecum by Alfred Goldman, received. (rlam)
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Blank 21 Filed: 10/25/1996, Entered: 10/25/1996, Terminated: 1/28/1997 Answer
ANSWER to Complaint In Limitation by Stephen Satterthwaite (rlam)
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Blank 20 Filed: 10/25/1996, Entered: 10/25/1996 Claim
CLAIM (Admiralty) by Stephen Satterthwaite; Answer due 10/25/96 for Stephen Satterthwaite (rlam) Modified on 10/25/1996
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Blank 19 Filed: 10/24/1996, Entered: 10/25/1996 Memorandum in Support
MEMORANDUM by David Kitching in support of [18-1] motion by David Kitching for enlargement of time by David Kitching, received. (rlam)
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Blank 18 Filed: 10/24/1996, Entered: 10/25/1996 Motion for Extension
MOTION by David Kitching for enlargement of time , and by David Kitching to direct the clerk to file response (rlam)
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Blank 17 Filed: 10/24/1996, Entered: 10/25/1996 Summons Returned Executed
THIRD PARTY SUMMONS Returned Executed as to Stephen Satterthwaite on 9/30/96; (Answer due 10/21/96 for Stephen Satterthwaite) (rlam)
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Blank -- Filed: 10/23/1996, Entered: 10/25/1996 Docket Annotation
Crossclaim, on behalf of David D. Kitchings against Stephen Satterthwaite, LODGED (rlam)
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Blank -- Filed: 10/23/1996, Entered: 10/25/1996 Docket Annotation
Answer to Third-Party Complaint, on behalf of David D. Kitchings, LODGED (rlam)
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Blank 16 Filed: 10/22/1996, Entered: 10/25/1996 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 11:00 a.m. on 10/31/96 for [13-1] motion by Alfred Goldman to Modify subpoenas duces tecum (rlam)
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Blank 15 Filed: 10/18/1996, Entered: 10/25/1996 Answer
ANSWER by Stephen Satterthwaite (Attorney Thomas Jeffrey Salb, Brian P. Flanagan) to [10-1] third-party complaint by Wallace E. Chandler Jr. (rlam)
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Blank 14 Filed: 10/15/1996, Entered: 10/16/1996 Memorandum in Support
MEMORANDUM by Alfred Goldman in support of [13-1] motion by Alfred Goldman to Modify subpoenas duces tecum by Alfred Goldman, received. (rlam)
LREF
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Blank 13 Filed: 10/15/1996, Entered: 10/16/1996 Motion to Amend/Correct
MOTION by Alfred Goldman to Modify subpoenas duces tecum (rlam)
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Blank 12 Filed: 10/1/1996, Entered: 10/16/1996 Affidavit of Service
Affidavit for service of process on the Secretary of the Commonwealth of third-party complaint on David Kitching. (rlam)
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Blank -- Filed: 9/24/1996, Entered: 9/24/1996 Docket Annotation
Magistrate's notice, etc. mailed counsel for M/Y MAGUS. (rlam)
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Blank -- Filed: 9/24/1996, Entered: 9/24/1996 Summons Issued
THIRD PARTY SUMMONS(ES), with 2 copies, issued and delivered counsel for service on David Kitching, Stephen Satterthwaite. Magistrate's notice. (rlam)
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Blank 11 Filed: 9/20/1996, Entered: 9/24/1996 Affidavit of Service
Affidavit for service of process on the Secretary of the Commonwealth (rlam) Modified on 09/25/1996
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Blank 10 Filed: 9/20/1996, Entered: 9/24/1996 Third-Party Complaint
THIRD-PARTY COMPLAINT (Impleader) by Wallace E. Chandler Jr. against David Kitching, Stephen Satterthwaite; jury demand (rlam) Modified on 09/25/1996
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Blank 9 Filed: 9/20/1996, Entered: 9/24/1996 Answer
ANSWER to Complaint by Wallace E. Chandler Jr. (rlam) Modified on 09/25/1996
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Blank 9 Filed: 9/20/1996, Entered: 9/24/1996 Claim
CLAIM (Admiralty) by Wallace E. Chandler Jr. (rlam) Modified on 09/25/1996
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Blank 8 Filed: 9/19/1996, Entered: 9/25/1996 Jury Demand
DEMAND for jury trial by Wallace E. Chandler Jr. (rlam)
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Blank 7 Filed: 9/18/1996, Entered: 9/19/1996 Notice
NOTICE of Complaint for Exoneration From or Limitation of Liabilityi; that all persons having claims must file them with the Clerk of this Court, etc. on or before October 30, 1996, or be defaulted. (rlam)
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Blank 6 Filed: 9/18/1996, Entered: 9/19/1996 OrderCourt Filing
ORDER, that notice issue out of this Court, to all persons claiming damages sustained, etc. citing them to file their respective claims with the Clerk of the Court and to serve or mail to counsel for plaintiff a copy thereof on or before October 30, 1996, etc. and that notice be published in the Virginian-Pilot, etc. that the commencement or prosecution of any actions or suits or any nature against the plaintiff or the M/Y MAGUS is restrained, etc. and all such other actions are hereby stayed and restrained until the hearing and determination of this proceeding, etc. (see order for specifics), entered and filed in open court (signed by Judge Rebecca B. Smith). Certified copy delivered U. S. Marshal 9/19/96 o.b. (rlam) Modified on 09/19/1996
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Blank 5 Filed: 9/18/1996, Entered: 9/19/1996 Docket Annotation
Ad Interim Stipulation, in the amount of $600,000.00, with interest at the rate of 6% per annum (original in bond book) (rlam)
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Blank 4 Filed: 9/18/1996, Entered: 9/19/1996 OrderCourt Filing
ORDER FOR AD INTERIM STIPULATION that the plaintiff file an Ad Interim Stipulation in the amount of $600,000.00, with interest from the date of filing, with surety according to the rules and practice of this Court; that any party may apply to have the amount of such stipulation increased or diminished as the case may be, etc., entered and filed in open court September 18, 1996 (signed by Judge Rebecca B. Smith) o.b. (rlam) Modified on 09/19/1996
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Blank 3 Filed: 9/18/1996, Entered: 9/18/1996, Terminated: 9/18/1996 Motion to Stay
MOTION by Wallace E. Chandler Jr. to Stay limitation of liability action , and by Wallace E. Chandler Jr. to lift any stay or injunction restraining actions (rlam) Modified on 09/19/1996
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Blank 2 Filed: 9/18/1996, Entered: 9/18/1996 Bond
Stipulation for Costs Bond in the amount of $ 1,000.00 entered by MAGUS, M/Y. (original in bond book) (rlam)
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Blank 1 Filed: 9/18/1996, Entered: 9/18/1996 Complaint
COMPLAINT IN ADMIRALTY - Filing Fee $ 120.00 Receipt # 12539 (rlam)
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Blank -- Filed: 9/18/1996, Entered: 9/19/1996 Minutes-Miscellaneous
COURT PROCEEDINGS - RBS, Judge. Gloria M. Smith, Reporter. Counsel appeared. Matter came on for hearing on motion of Wallace E. Chandller, Jr. to lift stay re - limitation of liability action. Order for Ad Interim Stipulation filed. Ad Interim Stipulation filed. Order that Notice issue and Notice filed. Argument of counsel heard. Motion denied. Minute entry: denying [3-1] motion by Wallace E. Chandler Jr. to Stay limitation of liability action; denying [3-2] motion by Wallace E. Chandler Jr. to lift and stay or injunction restraining actions (rlam)
LREF

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