Carrington Gardens v. United States, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:96-cv-00987-jcc
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Summary

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Parties
No Logo Carrington Gardens Associates, Plaintiff

Represented by Epstein & Sandler PC

Name Phone Fax E-Mail
Space Gregory Lane Sandler +1 757 627 8900 GSandler@ESF-injurylaw.com
v.
No Logo Secretary of the Department of Housing and Urban Development, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Peter M. Campanella +1 215 656 0639
Space Paul A. Feiner +1 215 597 0235
Space Ann E. Harrison +1 215 597 2501

Represented by United States Department of Justice

Attributes
Office Norfolk
Filed 10/8/1996
Jury Demand None
Demand $0
Nature of Suit 290 - Real Property: Other
Cause Section 28 U.S.C. § 1346 Tort Claim
Jurisdiction U.S. Government Defendant
Disposition Judgment - Court Trial
County Virginia Beach City
Terminated 9/18/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 97-2579[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (45) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 3/15/2001, Entered: 3/15/2001, Terminated: 3/15/2001 Appeal Record Returned
Record on Appeal returned from U.S. Court of Appeals: (clerk)
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Blank 22 Filed: 3/13/2001, Entered: 3/13/2001 USCA Judgment
JUDGMENT OF USCA affirming the judgment of the District Court (certified copy) Re: [16-1] appeal, filed. ob. (clerk)
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Blank 21 Filed: 3/13/2001, Entered: 3/13/2001 USCA Mandate
Opinion of USCA re: [16-1] appeal by Carrington Gardens (clerk)
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Blank 20 Filed: 1/18/2001, Entered: 1/18/2001 USCA Mandate
Advanced copy of Opinion of USCA re: [16-1] appeal by Carrington Gardens (clerk)
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Blank -- Filed: 2/1/1999, Entered: 2/1/1999, Terminated: 3/15/2001 Initial Paper Record Transmitted to 4CCA
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [16-1] appeal by Carrington Gardens (clerk)
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Blank -- Filed: 2/9/1998, Entered: 2/9/1998 Certificate of Completion
Certification of completion sent to USCA re: [16-1] appeal by Carrington Gardens Associates I (clerk)
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Blank 19 Filed: 2/2/1998, Entered: 2/3/1998 Appeal Transcript
TRANSCRIPT filed re: [16-1] appeal by Carrington Gardens for dates of August 1, 1997 before the Honorable J. Calvitt Clarke, Jr. (clerk)
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Blank 18 Filed: 2/2/1998, Entered: 2/3/1998 Appeal Transcript
TRANSCRIPT filed re: [16-1] appeal by Carrington Gardens for dates of July 31, 1997 before the Honorable J. Calvitt Clarke, Jr. (clerk)
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Blank 17 Filed: 2/2/1998, Entered: 2/3/1998 Appeal Transcript
TRANSCRIPT filed re [16-1] appeal by Carrington Gardens for dates of July 30, 1997 before the Honorable J. Calvitt Clarke, Jr. (clerk)
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Blank -- Filed: 11/20/1997, Entered: 11/20/1997, Terminated: 3/15/2001 USCA Case Number
USCA Case Number Re: [16-1] appeal by Carrington Gardens CASE MANAGER: Yevone Jeffreys USCA NUMBER: 97-2579 (clerk)
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Blank -- Filed: 11/14/1997, Entered: 11/14/1997, Terminated: 3/15/2001 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Judgment, opinion and order, docket sheet, original & 1 copy of transmittal to USCA; copy of notice of appeal, docketing statement, transcript order form to plaintiff/appellant's counsel Gregory L. Sandler; copies of notice of appeal to counsel for defendant re [16-1] appeal by Carrington Gardens (mwin)
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Blank 16 Filed: 11/13/1997, Entered: 11/13/1997, Terminated: 3/13/2001 Notice of Appeal
NOTICE OF APPEAL by Carrington Gardens (mwin)
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Blank -- Filed: 11/13/1997, Entered: 11/14/1997 USCA Appeal Fees
USCA appeal fees received $105.00 Receipt #200-15467 (mwin)
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Blank 15 Filed: 9/18/1997, Entered: 9/18/1997 Judgment*Court Filing
JUDGMENT on decision by the Court that HUD was entitled to retain housing assistance payments under the HAP Contract; that HUD suspended housing assistance payments in the amount of $75,000; and that HUD is under no obligation to apply the $75,000 to Carrington Gardens' mortgage or to pay the $75,000 to Carrington Gardens upon cure of the default, entered by the Clerk 9/17/97, form of judgment approved in accordance with Rule 58, FRCVP on 9/18/97 by Judge J. Calvitt Clarke, Jr., and filed 9/18/97 OB. Copies Mailed: 9/18/97 (clerk)
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Blank -- Filed: 9/18/1997, Entered: 9/18/1997 Permanent Record
Permanent Record (clerk)
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Blank -- Filed: 9/18/1997, Entered: 9/18/1997 Terminated Case
Case closed (clerk)
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Blank -- Filed: 9/18/1997, Entered: 9/18/1997 Case Assigned/Reassigned
CASE assigned to Judge J. C. Clarke Jr. (clerk)
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Blank 14 Filed: 9/17/1997, Entered: 9/17/1997 OrderCourt Filing
OPINION AND ORDER finding that HUD was entitled to retain housing assistance payments under the HAP contract because it was stipulated by the parties that Carrington Gardens was in default in maintaining units in the complex; in addition, this Court finds that HUD suspended housing assistance payments in the amount of $75.000. Because HUD chose to suspend payments, rather than any other remedy under the HAP Contract, HUD is under no obligation to apply the $75,000 to Carrington Gardens' mortgage or to pay the $75,000 to Carrington Gardens upon cure of the default, entered 9/16/97 and filed 9/17/97 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 9/17/97 (clerk)
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Blank 13 Filed: 8/29/1997, Entered: 8/29/1997 Memorandum in Support
MEMORANDUM by Secretary of Housing and Urban Development in support of position, received. (clerk)
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Blank 12 Filed: 8/29/1997, Entered: 8/29/1997 Memorandum in Support
MEMORANDUM by Carrington Gardens Associates, I in support of position, received. (clerk)
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Blank 11 Filed: 8/5/1997, Entered: 8/6/1997 Stipulation
STIPULATION OF FACTS AND SUBMISSION OF ISSUES FOR DETERMINATION, filed by Carrington Gardens Associates I, Secretary of Housing and Urban Development (clerk)
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Blank -- Filed: 8/1/1997, Entered: 8/1/1997 Suspense Deadline
**Suspense 8/15/97 for briefs and 8/22/97 for reply. (clerk)
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Blank -- Filed: 8/1/1997, Entered: 8/1/1997 Minutes-Miscellaneous
Minute entry: TRIAL PROCEEDINGS; JCC, jr. judge. Diane Gray, OCR. Continuation of trial by court. Counsel informed court case has been settled as to factual issues, stipulations read into record. Court takes legal issues under advisement. Counsel to submit written stipulations to court by August 4, 1997. Counsel to submit briefs by August 15, 1997 and reply by August 22, 1997. Court adjourned. (clerk) Modified on 08/01/1997
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Blank -- Filed: 8/1/1997, Entered: 8/1/1997 Bench Trial - Held
Bench trial held (clerk)
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Blank 10 Filed: 7/31/1997, Entered: 8/1/1997 Minutes-Miscellaneous
Minute entry: TRIAL PROCEEDINGS; JCC,jr. judge. Diane Gray, OCR. Continuation of trial by court. Pltf. resumed with presentation of evidence. Court adjourned until tomorrow at 10:00 a.m. (clerk)
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Blank -- Filed: 7/31/1997, Entered: 8/1/1997 Bench Trial - Held
Bench trial held (clerk)
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Blank -- Filed: 7/30/1997, Entered: 7/31/1997 Minutes-Miscellaneous
Minute entry: TRIAL PROCEEDINGS; JCC,jr. judge. Diane Gray, OCR. Counsel appeared. Matter came on for trial by court. Opening statements. Witnesses excluded from courtroom. Pltf. presented evidence. Court adjourned until tomorrow at 10:00 a.m. (clerk)
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Blank -- Filed: 7/30/1997, Entered: 7/31/1997 Bench Trial - Held
Bench trial held (clerk)
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Blank 9 Filed: 7/3/1997, Entered: 7/7/1997 OrderCourt Filing
FINAL PRETRIAL ORDER entered in presence of counsel 7/3/97; filed 7/3/97 (signed by Magistrate Judge Tommy E. Miller) (mwin)
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Blank -- Filed: 7/3/1997, Entered: 7/7/1997 Pretrial Conference - Final
Final Pre-Trial Conference held (mwin)
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Blank 8 Filed: 5/21/1997, Entered: 5/22/1997 Memorandum in Support
MEMORANDUM in support of [7-1] motion by Secretary of Housing and Urban Development to Compel Responses To Discovery Requests, [7-2] motion by Secretary of Housing and Urban Development to Extend Discovery Cutoff, received. (clerk)
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Blank 7 Filed: 5/21/1997, Entered: 5/22/1997 Motion to Compel
MOTION by Secretary of Housing and Urban Development to Compel Responses To Discovery Requests , and by Secretary of Housing and Urban Development to Extend Discovery Cutoff (clerk)
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Blank 6 Filed: 4/10/1997, Entered: 4/10/1997 OrderCourt Filing
ORDER Striking [5-1] amended complaint by Carrington Gardens , entered and filed 4/10/97 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 4/10/97 (clerk)
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Blank 5 Filed: 2/24/1997, Entered: 3/5/1997 Amended Complaint
AMENDED COMPLAINT by Carrington Gardens amending [1-1] complaint. Filed Subject To Defect (not timely). (clerk)
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Blank 4 Filed: 2/7/1997, Entered: 2/10/1997 OrderCourt Filing
Order on Initial Pretrial Conference setting Trial date 10:00 a.m. 7/30/97; proposed findings of fact and conclusions of law to be received by 7/23/97; Final Pretrial conference set for 11:00 a.m. 7/3/97; all de bene esse depositions to be concluded by 6/12/97; defendant discovery cutoff 5/29/97; plaintiff discovery cutoff 4/29/97; plaintiff's contemplated amended complaint shall be filed on or before 2/20/97; it has been represented by counsel that the proper style of this case should reflect the defendant to be Secretary of the Department of Housing and Urban Development; and establishing the deadlines for the disclosure of expert testimony, entered 2/6/97 and filed 2/7/97 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 2/7/97 (clerk)
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Blank -- Filed: 2/6/1997, Entered: 2/10/1997 Pretrial Conference - Initial
Initial pretrial conference held (clerk)
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Blank -- Filed: 1/24/1997, Entered: 1/24/1997 Pretrial Conference - Initial
Initial pretrial conference set at 2:45 p.m. 2/6/97 (clerk)
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Blank -- Filed: 1/23/1997, Entered: 1/23/1997 Docket Annotation
Referred for initial pretrial conference. (clerk)
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Blank 3 Filed: 1/22/1997, Entered: 1/22/1997 Summons Returned Executed
SUMMONS Returned Executed as to United States, Secretary of Housing on 10/31/96 (clerk)
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Blank -- Filed: 1/16/1997, Entered: 1/16/1997 Suspense Deadline
**Suspense for 2/3/97 for status of return of service. (clerk)
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Blank 2 Filed: 12/27/1996, Entered: 1/22/1997 Answer
ANSWER to Complaint by United States, Secretary of Housing (Attorney George M. Kelley III), (clerk)
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Blank -- Filed: 10/28/1996, Entered: 10/30/1996 Docket Annotation
Summons pkg. issued 10/9/96, not picked up; mailed to counsel (mwin)
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Blank -- Filed: 10/9/1996, Entered: 10/29/1996 Suspense Deadline
**Suspense for 11/12/96 for return of service on summons (afor)
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Blank -- Filed: 10/9/1996, Entered: 10/10/1996 Summons Issued
SUMMONS, with 4 copies, issued for United States, Secretary of Housing and Urban Development. Magistrate notice. (clerk) Modified on 10/30/1996
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Blank 1 Filed: 10/8/1996, Entered: 10/9/1996 Complaint
COMPLAINT Filing Fee $ 120.00 Receipt # 12699 (clerk)
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