Sumrell v. Stallings, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:97-cv-00115-RBS
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Parties
No Logo David Keith Sumrell, Plaintiff
v.
No Logo Dixon L. Foster, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Catherine Currin Hammond +1 804 786 5632
Space Gregory E. Lucyk +1 804 288 1634 +1 804 920 7031 gglucy@comcast.net

Represented by Annmarie Marciarille

Name Phone Fax E-Mail
Space James Stuart Gilmore, III +1 804 786 2071

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Peter Robert Messitt +1 804 786 2071 pmessitt@oag.state.va.us
No Logo George Allen, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Catherine Currin Hammond +1 804 786 5632
Space Gregory E. Lucyk +1 804 288 1634 +1 804 920 7031 gglucy@comcast.net

Represented by Annmarie Marciarille

Name Phone Fax E-Mail
Space James Stuart Gilmore, III +1 804 786 2071

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Peter Robert Messitt +1 804 786 2071 pmessitt@oag.state.va.us
No Logo Mary Sue Terry, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Catherine Currin Hammond +1 804 786 5632
Space Gregory E. Lucyk +1 804 288 1634 +1 804 920 7031 gglucy@comcast.net

Represented by Annmarie Marciarille

Name Phone Fax E-Mail
Space James Stuart Gilmore, III +1 804 786 2071

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Peter Robert Messitt +1 804 786 2071 pmessitt@oag.state.va.us
No Logo Moody E. Stallings, Jr., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Grover C. Wright, Jr. +1 804 491 4000

Represented by mcpsmd.org Law Firm Placeholder

Name Phone Fax E-Mail
Space Kevin Edward Martingayle +1 757 422 4700 martingayle@sb-lawgroup.com
No Logo Office of the Virginia Attorney General, Defendant
Officially listed as "Office of the Attorney General, Commonwealth of Virginia"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Catherine Currin Hammond +1 804 786 5632
Space Gregory E. Lucyk +1 804 288 1634 +1 804 920 7031 gglucy@comcast.net

Represented by Annmarie Marciarille

Name Phone Fax E-Mail
Space James Stuart Gilmore, III +1 804 786 2071

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Peter Robert Messitt +1 804 786 2071 pmessitt@oag.state.va.us
No Logo Office of the Governor of the Commonwealth of Virginia, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Catherine Currin Hammond +1 804 786 5632
Space Gregory E. Lucyk +1 804 288 1634 +1 804 920 7031 gglucy@comcast.net

Represented by Annmarie Marciarille

Name Phone Fax E-Mail
Space James Stuart Gilmore, III +1 804 786 2071

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Peter Robert Messitt +1 804 786 2071 pmessitt@oag.state.va.us
No Logo Richard C. Vorhis, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Catherine Currin Hammond +1 804 786 5632
Space Gregory E. Lucyk +1 804 288 1634 +1 804 920 7031 gglucy@comcast.net

Represented by Annmarie Marciarille

Name Phone Fax E-Mail
Space James Stuart Gilmore, III +1 804 786 2071

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Peter Robert Messitt +1 804 786 2071 pmessitt@oag.state.va.us
No Logo The Supreme Court of the Commonwealth of Virginia, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Catherine Currin Hammond +1 804 786 5632
Space Gregory E. Lucyk +1 804 288 1634 +1 804 920 7031 gglucy@comcast.net

Represented by Annmarie Marciarille

Name Phone Fax E-Mail
Space James Stuart Gilmore, III +1 804 786 2071

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Peter Robert Messitt +1 804 786 2071 pmessitt@oag.state.va.us
No Logo Virginia State Bar, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Catherine Currin Hammond +1 804 786 5632
Space Gregory E. Lucyk +1 804 288 1634 +1 804 920 7031 gglucy@comcast.net

Represented by Annmarie Marciarille

Name Phone Fax E-Mail
Space James Stuart Gilmore, III +1 804 786 2071

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Peter Robert Messitt +1 804 786 2071 pmessitt@oag.state.va.us
Attributes
Office Norfolk
Filed 1/24/1997
Jury Demand Plaintiff
Demand $0
Nature of Suit 440 - Civil Rights: Other
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Out of State
Terminated 9/19/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 97-2461[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 36 Filed: 3/12/1998, Entered: 3/13/1998 USCA Judgment
JUDGMENT OF USCA (certified copy) affirming the judgment of the District Court Re: [32-1] appeal by David Keith Sumrell (clerk)
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Blank -- Filed: 3/12/1998, Entered: 3/13/1998 Appeal Record Returned
Record on Appeal returned from U.S. Court of Appeals: [32-1] appeal (clerk)
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Blank 35 Filed: 3/4/1998, Entered: 3/9/1998 USCA Order
USCA Order denying the petition for rehearing (clerk)
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Blank 34 Filed: 2/6/1998, Entered: 2/9/1998 Docket Annotation
Notice from USCA stating that the mandate in this case will not issue at the scheduled time because a timely petition for rehearing has been filed. (clerk)
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Blank 33 Filed: 1/22/1998, Entered: 1/26/1998 USCA Mandate
Opinion of USCA re: [32-1] appeal by David Keith Sumrell (clerk)
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Blank -- Filed: 10/31/1997, Entered: 10/31/1997 Initial Paper Record Transmitted to 4CCA
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [32-1] appeal by David Keith Sumrell (clerk)
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Blank -- Filed: 10/31/1997, Entered: 10/31/1997 USCA Case Number
USCA Case Number Re: [32-1] appeal by David Keith Sumrell CASE MANAGER: Sandra Crumpton USCA NUMBER: 97-2461 (clerk)
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Blank 32 Filed: 10/24/1997, Entered: 10/24/1997, Terminated: 3/12/1998 Notice of Appeal
NOTICE OF APPEAL by David Keith Sumrell . FILING FEE $ 105.00; RECEIPT # 15278 (clerk)
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Blank -- Filed: 10/24/1997, Entered: 10/24/1997 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Order filed 10/2/97, Motion to Extend time to File Appeal filed 10/1/97, Judgment filed 9/19/97, Opinion and Final Order filed 9/18/97, and docket sheet to USCA; copy of Notice of Appeal, docketing statement, and docket sheet to David Keith Sumrell; copies of Notice of Appeal to counsel of record re: [32-1] appeal by David Keith Sumrell (clerk)
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Blank 31 Filed: 10/2/1997, Entered: 10/3/1997 OrderCourt Filing
ORDER granting [30-1] motion by David Keith Sumrell to Extend Time to file a Motion to Appeal; granting plaintiff an additional 10 days to file his notice of appeal; entered and filed 10/2/97 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 10/3/97 (clerk)
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Blank 30 Filed: 10/1/1997, Entered: 10/1/1997, Terminated: 10/2/1997 Motion for Extension
MOTION by David Keith Sumrell to Extend Time to file a Motion to Appeal filed subject to defect (clerk)
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Blank 29 Filed: 9/19/1997, Entered: 9/19/1997 Judgment*
JUDGMENT that plaintiff's petition for an order vacating the conviction of embezzlement is DENIED and DISMISSED WITHOUT PREJUDICE, that defendant Stallings' Rule 12(b)(6) motion to dismiss is GRANTED; that the government defendants' Rule 12(b)(1) motion is DENIED; and that the government defendants' Rule 12(b)(6) motion to dismiss is GRANTED; entered by the Clerk 9/18/97; filed 9/19/97 (OB) Copies Mailed: 9/19/97 (clerk)
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Blank -- Filed: 9/19/1997, Entered: 9/19/1997 Disposable Record
Disposable Record (clerk)
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Blank -- Filed: 9/19/1997, Entered: 9/19/1997 Terminated Case
Case closed (clerk)
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Blank 28 Filed: 9/18/1997, Entered: 9/19/1997 OrderCourt Filing
OPINION AND FINAL ORDER denying and dismissing without prejudice plaintiff's petition for an order vacating the conviction of embezzlement; granting Rule 12(b)(6), denying Rule 12(b)(1) [24-1] motion by defendants Mary Sue Terry, Office of the Attorney General, Honorable Judge Dixon L. Foster, Supreme Court of Virginia, Richard C. Vorhis, Assistant Bar Counsel, Virginia State Bar, Governor George Allen and Office of the Governor of Commonwealth of Virginia to Dismiss, granting [22-1] motion by Moody E. Stallings Jr. to Dismiss Pursuant to Rule 12(b)(6); entered and filed 9/18/97 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 9/19/97 (clerk) Modified on 09/19/1997
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Blank -- Filed: 6/27/1997, Entered: 6/27/1997 Docket Annotation
**Motions referred to Judge Rebecca Beach Smith: ([22-1] Motion by Moody E. Stallings, Jr. to Dismiss Pursuant to Rule 12(b)(6), by Moody E. Stallings Jr. for Summary Judgment Pursuant to Rule 56, {24-1} Motion by Mary Sue Terry, Office of Attorney General, Judge Foster, Supreme Court of Virginia, Richard C. Vorhis, Virginia State Bar, George Allen, and Office of the Governor of the Commonwealth of Virginia (clerk)
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Blank -- Filed: 6/20/1997, Entered: 6/27/1997 Docket Annotation
Notification from attorneys for defendants that they do not intend to file reply briefs regarding pending motions to dismiss and requesting that the motions be referred to a judge for decision. (clerk)
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Blank -- Filed: 6/19/1997, Entered: 6/19/1997 Suspense Deadline
**Suspense 6/25/97 (counsel for defendants to submit a letter noting that they do not intend to file reply briefs and do not request oral argument on their motions) (clerk)
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Blank 27 Filed: 6/10/1997, Entered: 6/13/1997 Response to MotionCourt Filing
RESPONSE by David Keith Sumrell to [24-1] motion by defendants Mary Sue Terry, Office of the Attorney General, Honorable Judge Dixon L. Foster, Supreme Court of Virginia, Richard C. Vorhis, Assistant Bar Counsel, Virginia State Bar, Governor George Allen and Office of the Governor of the Commonwealth of Virginia to Dismiss (clerk)
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Blank 26 Filed: 6/3/1997, Entered: 6/5/1997 Response to Motion
RESPONSE by David Keith Sumrell to [22-1] motion by Moody E. Stallings Jr. to Dismiss Pursuant to Rule 12(b)(6) , [22-2] motion by Moody E. Stallings Jr. for Summary Judgment Pursuant to Rule 56 (clerk)
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Blank 25 Filed: 5/27/1997, Entered: 6/2/1997 Memorandum in Support
MEMORANDUM by Mary Sue Terry, Attorney General, Dixon L. Foster, Virginia, Supreme Ct, Richard C. Vorhis, Virginia State Bar, George Allen, Virginia, Governor in support of [24-1] motion to dismiss received. (clerk) Modified on 06/02/1997
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Blank 24 Filed: 5/27/1997, Entered: 6/2/1997 Notice
NOTICE to plaintiff regarding filing a resonse opposing this motion by Mary Sue Terry, Attorney General, Dixon L. Foster, Virginia, Supreme Ct, Richard C. Vorhis, Virginia State Bar, George Allen, Virginia, Governor (clerk)
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Blank 24 Filed: 5/27/1997, Entered: 6/2/1997, Terminated: 9/18/1997 Motion to DismissCourt Filing
MOTION by defendants Mary Sue Terry, Office of the Attorney General, Honorable Judge Dixon L. Foster, Supreme Court of Virginia, Richard C. Vorhis, Assistant Bar Counsel, Virginia State Bar, Governor George Allen and Office of the Governor of the Commonwealth of Virginia to Dismiss (clerk)
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Blank -- Filed: 5/27/1997, Entered: 6/2/1997 Suspense Deadline
**Suspense 6/9/97, 6/13/97 for plaintiff's replies to defendants' motions to dismiss (clerk)
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Blank 23 Filed: 5/16/1997, Entered: 5/20/1997 Memorandum in Support
MEMORANDUM by Moody E. Stallings Jr. in support of [22-1] motion by Moody E. Stallings Jr. to Dismiss Pursuant to Rule 12(b)(6), [22-2] motion by Moody E. Stallings Jr. for Summary Judgment Pursuant to Rule 56 received. (clerk)
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Blank 22 Filed: 5/16/1997, Entered: 5/20/1997 Motion to Dismiss
MOTION by Moody E. Stallings Jr. to Dismiss Pursuant to Rule 12(b)(6) , by Moody E. Stallings Jr. for Summary Judgment Pursuant to Rule 56 , and Warning to Plaintiff regarding filing a response opposing this motion (clerk) Modified on 05/20/1997
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Blank 21 Filed: 5/16/1997, Entered: 5/20/1997 Answer to Amended Complaint
ANSWER by Moody E. Stallings Jr. to amended complaint (clerk) Modified on 05/20/1997
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Blank 21 Filed: 5/16/1997, Entered: 5/20/1997 Answer
ANSWER to Complaint by Moody E. Stallings Jr. (clerk)
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Blank 20 Filed: 5/6/1997, Entered: 5/6/1997 OrderCourt Filing
ORDER granting [11-1] motion by David Keith Sumrell to Amend [1-1] complaint, reset Answer deadline to 5/27/97 for Virginia, Governor, for George Allen, for Virginia State Bar, for Richard C. Vorhis, for Virginia, Supreme Ct, for Dixon L. Foster, for Attorney General, for Mary Sue Terry, for Moody E. Stallings Jr. ; entered and filed 5/6/97 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 5/6/97 (clerk)
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Blank -- Filed: 3/31/1997, Entered: 3/31/1997 Docket Annotation
**Motions referred to Judge Rebecca Beach Smith: ([3-1] Motion by defendants Mary Sue Terry, Office of the Attorney General, Judge Foster, Supreme Court of Virginia, Richard C. Vorhis, Virginia State Bar, Governor George Allen and Office of the Governor of the Commonwealth of Virginia to Dismiss; [6-1] Motion by Moody E. Stallings, Jr. to Dismiss Pursuant to Rule 12(b)(1); [8-1] Motion by Moody E. Stallings, Jr. to Dismiss Pursuant to Rule 12(b)(6), and by Moody E. Stallings Jr. for Summary Judgment Pursuant to Rule 56; [11-1] Motion by David Keith Sumrell to Amend [1-1] complaint; and [12-1] Motion by David Keith Sumrell to Amend [1-1] complaint (clerk)
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Blank 19 Filed: 3/12/1997, Entered: 3/13/1997 Reply to Response to MotionCourt Filing
REPLY by Mary Sue Terry, Attorney General, Dixon L. Foster, Virginia, Supreme Ct, Richard C. Vorhis, Virginia State Bar, George Allen, Virginia, Governor to response to [3-1] motion by defendants Mary Sue Terry, Office of the Attorney General, Judge Foster, Supreme Court of Virginia, Richard C. Vorhis, Virginia State Bar, Governor George Allen and Office of the Governor of the Commonwealth of Virginia to Dismiss received. (clerk)
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Blank 18 Filed: 3/10/1997, Entered: 3/13/1997 Response to Motion
RESPONSE by David Keith Sumrell to [8-1] motion by Moody E. Stallings Jr. to Dismiss (clerk)
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Blank 17 Filed: 3/10/1997, Entered: 3/13/1997 Response to Motion
RESPONSE by David Keith Sumrell to [6-1] motion by Moody E. Stallings Jr. to Dismiss Pursuant to Rule 12(b)(1) (clerk)
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Blank 16 Filed: 3/10/1997, Entered: 3/13/1997 Response to MotionCourt Filing
RESPONSE by David Keith Sumrell to [3-1] motion by defendants Mary Sue Terry, Office of the Attorney General, Judge Foster, Supreme Court of Virginia, Richard C. Vorhis, Virginia State Bar, Governor George Allen and Office of the Governor of the Commonwealth of Virginia to Dismiss (clerk)
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Blank 15 Filed: 3/7/1997, Entered: 3/13/1997 Memorandum in Support
MEMORANDUM by Moody E. Stallings Jr. in support of [14-1] objection received. (clerk)
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Blank 14 Filed: 3/7/1997, Entered: 3/13/1997 Objection
OBJECTION by defendant Moody E. Stallings Jr. to [11-1] motion by David Keith Sumrell to Amend [1-1] complaint (clerk)
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Blank -- Filed: 3/7/1997, Entered: 3/13/1997 Set/Reset Deadlines:
Deadline updated; set Brief deadline to 3/17/97 for plaintiff's reply to defendant Stallings objection to [11-1] motion to Amend {1-1] complaint (clerk)
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Blank 13 Filed: 3/3/1997, Entered: 3/13/1997 Response to Motion
RESPONSE by Mary Sue Terry, Attorney General, Dixon L. Foster, Virginia, Supreme Ct, Richard C. Vorhis, Virginia State Bar, George Allen, Virginia, Governor to [11-1] motion by David Keith Sumrell to Amend [1-1] complaint (clerk)
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Blank 12 Filed: 3/3/1997, Entered: 3/13/1997 Motion to Amend/Correct
MOTION by David Keith Sumrell to Amend [1-1] complaint (clerk)
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Blank 11 Filed: 2/27/1997, Entered: 3/3/1997, Terminated: 5/6/1997 Motion to Amend/Correct
MOTION by David Keith Sumrell to Amend [1-1] complaint (clerk)
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Blank 10 Filed: 2/27/1997, Entered: 3/3/1997 Notice
NOTICE of Motion pursuant to Local Rule 7(j) by Moody E. Stallings Jr. (clerk)
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Blank 9 Filed: 2/14/1997, Entered: 2/24/1997 Memorandum in Support
MEMORANDUM by Moody E. Stallings Jr. in support of [8-1] motion by Moody E. Stallings Jr. to Dismiss Pursuant to Rule 12(b)(6), [8-2] motion by Moody E. Stallings Jr. for Summary Judgment Pursuant to Rule 56 received. (clerk)
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Blank 8 Filed: 2/14/1997, Entered: 2/24/1997 Motion to Dismiss
MOTION by Moody E. Stallings Jr. to Dismiss Pursuant to Rule 12(b)(6) , and by Moody E. Stallings Jr. for Summary Judgment Pursuant to Rule 56 (clerk)
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Blank 7 Filed: 2/14/1997, Entered: 2/24/1997 Memorandum in Support
MEMORANDUM by Moody E. Stallings Jr. in support of [6-1] motion by Moody E. Stallings Jr. to Dismiss Pursuant to Rule 12(b)(1) received. (clerk)
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Blank 6 Filed: 2/14/1997, Entered: 2/24/1997 Motion to Dismiss
MOTION by Moody E. Stallings Jr. to Dismiss Pursuant to Rule 12(b)(1) (clerk)
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Blank 5 Filed: 2/14/1997, Entered: 2/24/1997 Answer
ANSWER to Complaint by Moody E. Stallings Jr. (Attorney Kevin Edward Martin-Gayle, Grover C. Wright Jr.), (clerk)
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Blank 4 Filed: 2/14/1997, Entered: 2/14/1997 Memorandum in SupportCourt Filing
MEMORANDUM in support of [3-1] motion by defendants Mary Sue Terry, Office of the Attorney General, Judge Foster, Supreme Court of Virginia, Richard C. Vorhis, Virginia State Bar, Governor George and Office of the Governor of the Commonwealth of Virginia to Dismiss received. (clerk)
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Blank 3 Filed: 2/14/1997, Entered: 2/14/1997 Notice
NOTICE of Motion by Mary Sue Terry, Attorney General, Dixon L. Foster, Virginia, Supreme Ct, Richard C. Vorhis, Virginia State Bar, George Allen, Virginia, Governor (clerk)
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Blank 3 Filed: 2/14/1997, Entered: 2/14/1997, Terminated: 9/19/1997 Motion to DismissCourt Filing
MOTION by defendants Mary Sue Terry, Office of the Attorney General, Judge Foster, Supreme Court of Virginia, Richard C. Vorhis, Virginia State Bar, Governor George Allen and Office of the Governor of the Commonwealth of Virginia to Dismiss (clerk)
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Blank -- Filed: 2/14/1997, Entered: 2/14/1997 Set/Reset Deadlines:
Deadline updated; set Brief deadline to 3/11/97 for plaintiff's opposition to defendants' motion to dismiss (clerk)
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Blank 2 Filed: 2/4/1997, Entered: 2/14/1997 Summons Returned Executed
SUMMONS Returned Executed as to Moody E. Stallings Jr., Mary Sue Terry, Attorney General, Dixon L. Foster, Virginia, Supreme Ct, Richard C. Vorhis, Virginia State Bar, George Allen, Virginia, Governor 1/28/97 Answer due on 2/20/97 for Virginia, Governor, for George Allen, for Virginia State Bar, for Richard C. Vorhis, for Virginia, Supreme Ct, for Dixon L. Foster, for Attorney General, for Mary Sue Terry, for Moody E. Stallings Jr. (clerk)
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Blank -- Filed: 1/27/1997, Entered: 1/27/1997 Summons Issued
SUMMONS issued, with nine copies, for Moody E. Stallings Jr., Mary Sue Terry, Attorney General, Dixon L. Foster, Virginia, Supreme Ct, Richard C. Vorhis, Virginia State Bar, George Allen, Virginia, Governor and delivered to plaintiff. Mag. notice. (clerk)
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Blank 1 Filed: 1/24/1997, Entered: 1/27/1997 Complaint
COMPLAINT Filing Fee $ 150.00; Receipt # 13317; jury demand (clerk)
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