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 52 |
Filed: 6/1/1998, Entered: 6/2/1998 |
Transcript |
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TRANSCRIPT of trial proceedings before Judge Robert G. Doumar 10/16/97, Volume II, Pages 295-490 (mwin)
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| 51 |
Filed: 6/1/1998, Entered: 6/2/1998 |
Transcript |
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TRANSCRIPT of trial proceedings before Judge Robert G. Doumar 10/15/97, Volume I, Pages 1-294 (mwin)
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| 50 |
Filed: 4/30/1998, Entered: 5/4/1998 |
Transcript |
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TRANSCRIPT - Excerpt of Trial Proceedings before Judge Robert G. Doumar 10/16/97 (mwin)
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| 49 |
Filed: 3/5/1998, Entered: 3/5/1998 |
Satisfaction of Judgment |
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SATISFACTION OF JUDGMENT by Yacht Sales International. ob (mwin)
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Filed: 1/14/1998, Entered: 1/14/1998 |
Exhibit |
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Defendant's Exhibit #30 (drawing and 2 photos of shoaling danger sign) returned to Virginia Beach City Attorney by mail (mwin)
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| -- |
Filed: 1/14/1998, Entered: 1/14/1998 |
Exhibit |
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Plaintiff's Exhibits picked up by Yacht Sales' counsel, Vandeventer, Black, Meredith & Martin (exhibit book minus deft exh #30; 3 aerial photos on poster board) (mwin)
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| 48 |
Filed: 11/14/1997, Entered: 11/14/1997 |
Judgment* |
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JUDGMENT directing city of Virginia Beach 30% liable for damages; Yacht Sales International, Inc. 70% liable for damages; setting damages at $1,111.686; directing plaintiff recover of defendant $333,505.80 in damages, plus interest at 8% per annum from 3/8/96 until today's date plus interest at 5.42% per annum from this date forward as provided by law; entered by clerk and filed 11/14/97. Copies to counsel 11/14/97. ob (mwin)
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| 47 |
Filed: 11/14/1997, Entered: 11/14/1997 |
Order |
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ORDER & OPINION finding City of Virginia Beach, Captain Joseph Walker and owner of yacht all at fault; finding Captain Walker not an independent contractor under maritime law; therefore, Walker's and yacht's negligence imputed to vessel owner, Yacht Sales; setting damages at $1,111.686.; finding City of Virginia Beach 30% responsible; Captain Walker and therefore owner 70% responsible; directing City of Virginia Beach to pay $333,505.80 in damages to Yacht Sales plus 8% per annum interest from 3/8/96 until today's date and U.S. judgment rate of interest of 5.42% per annum from this day forward; entered and filed 11/14/97 (signed by Judge Robert G. Doumar) Copies Mailed: 11/14/97 (mwin)
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Filed: 11/14/1997, Entered: 11/14/1997 |
Permanent Record |
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Permanent Record (mwin)
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| -- |
Filed: 11/14/1997, Entered: 11/14/1997 |
Terminated Case |
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Case closed (mwin)
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| -- |
Filed: 11/14/1997, Entered: 11/14/1997 |
Case Assigned/Reassigned |
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CASE assigned to Judge Robert G. Doumar (mwin)
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| 46 |
Filed: 10/23/1997, Entered: 10/23/1997 |
Memorandum in Opposition |
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Letter brief by Virginia Beach, received as directed (mwin)
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| 45 |
Filed: 10/23/1997, Entered: 10/23/1997 |
Memorandum in Support |
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Letter brief by Yacht Sales, received as directed (mwin)
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| 44 |
Filed: 10/22/1997, Entered: 10/23/1997 |
Transcript |
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TRANSCRIPT: Excerpt of trial proceedings 10/16/97 before Judge Robert G. Doumar - Testimony of Joseph A. Walker (mwin)
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| 43 |
Filed: 10/22/1997, Entered: 10/22/1997 |
Transcript |
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TRANSCRIPT: Excerpt of trial proceedings before Judge Robert G. Doumar 10/16/97; Findings of Fact (mwin)
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| 42 |
Filed: 10/17/1997, Entered: 10/17/1997 |
Memorandum in Opposition |
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Letter brief by Virginia Beach, pursuant to court direction, received (mwin)
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| 41 |
Filed: 10/17/1997, Entered: 10/17/1997 |
Memorandum in Support |
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Letter brief by Yacht Sales, pursuant to court direction, received (mwin)
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| -- |
Filed: 10/16/1997, Entered: 10/20/1997 |
Set/Reset Deadlines: |
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Deadline updated; denying [0-0] oral motion for Judgment as a Matter of Law (mwin)
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| -- |
Filed: 10/16/1997, Entered: 10/20/1997 |
Miscellaneous Document |
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ORAL MOTION in open court by Virginia Beach for Judgment as a Matter of Law (mwin)
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Filed: 10/16/1997, Entered: 10/17/1997 |
Minutes-Miscellaneous |
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Minute entry: CONTINUATION OF BENCH TRIAL PROCEEDINGS: RGD, j. Paul McManus, Zahn, Hall, Zahn, Ct. Rptr. App. by cnsl. Ptf. cont. pres. of evidence & rested. Deft's. motion for directed verdict (motion for judgment as a matter of law); argued; DENIED. Deft. pres. evidence & rested. Closing arguments. Court FINDS each party negligent & takes matter under advisement. Court dir. cnsl. to submit one page of authorities, etc. re: bailment issue on 10-17-97 and 2 pages re: apportionment on 10-23-97. Court adj. Court kept file. (danc)
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Filed: 10/16/1997, Entered: 10/17/1997 |
Bench Trial - Held |
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Bench trial held (danc)
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Filed: 10/15/1997, Entered: 10/16/1997 |
Minutes-Miscellaneous |
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Minute entry: BENCH TRIAL PROCEEDINGS: RGD, j. Paul McManus, Zahn, Hall, Zahn, Ct. Rptr. Morton Clark & Edward J. Powers app. on behalf of ptf. John Crumpler, Jr., Richard Beaver & Kenneth Golski app. on behalf of deft. Comments of court & cnsl.; opening stmts.; motion to exclude witnesses; GRANTED. Ptf. pres. evidence in part. Court adj. until 10-16-97 at 10 am. (danc)
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| -- |
Filed: 10/15/1997, Entered: 10/16/1997 |
Bench Trial - Held |
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Bench trial held (danc)
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| 40 |
Filed: 10/9/1997, Entered: 10/10/1997 |
Proposed Findings of Fact |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Virginia Beach (mwin)
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| 39 |
Filed: 10/9/1997, Entered: 10/10/1997 |
Proposed Findings of Fact |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Yacht Sales (mwin)
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| 38 |
Filed: 9/30/1997, Entered: 9/30/1997 |
Order |
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ORDER and OPINION denying plaintiff's and defendant's motions for summary judgment on Counts I and II; Dismissing counts against Spore and Smith with prejudice; dismissing punitive damages claim against Spore and Smith with prejudice ; entered and filed 9/30/97 (signed by Judge Robert G. Doumar) Copies Mailed: 9/30/97 (mwin)
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| 37 |
Filed: 9/26/1997, Entered: 9/26/1997 |
Order |
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ORDER ON FINAL PRETRIAL CONFERENCE entered in presence of counsel 9/26/97; filed 9/26/97 (signed by Magistrate Judge Tommy E. Miller) (mwin)
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| -- |
Filed: 9/26/1997, Entered: 9/26/1997 |
Pretrial Conference - Final |
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Final Pre-Trial Conference held (mwin)
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| -- |
Filed: 9/24/1997, Entered: 9/24/1997 |
Notice of Appearance |
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Attorney Appearance for Virginia Beach by letter from John Robert Crumpler Jr. (mwin)
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| 36 |
Filed: 9/19/1997, Entered: 9/19/1997 |
Notice |
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NOTICE of association of Kaufman & Canoles and John R. Crumpler, Jr., by Virginia Beach (Note: clerk awaiting notice of appearance by Mr. Crumpler to add attorney) (mwin)
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| 35 |
Filed: 9/17/1997, Entered: 9/17/1997 |
Reply to Response to Motion |
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REPLY by Yacht Sales to response to [22-1] motion by Yacht Sales for Sanctions upon Virginia Beach, received (mwin)
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| 34 |
Filed: 9/17/1997, Entered: 9/17/1997 |
Judgment* |
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JUDGMENT IN A CIVIL CASE that defendants James K. Spore and Ralph A. Smith are dismissed, entered September 16, 1997 and filed September 17, 1997. o.b. Copies Mailed: 9/17/97 (rlam)
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| -- |
Filed: 9/16/1997, Entered: 9/16/1997 |
Minutes-Miscellaneous |
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Minute entry: COURT PROCEEDINGS - RGD, USDJ. Sue Ash, Reporter. Counsel appeared. Matter came on motions for summary judgment. Argument of counsel heard. Court ruled from the bench dismissing Mr. Smith and Mr. Spore, reserving the right to amend, enlarge or extend its ruling. Argument of counsel continued. Motion to compel to be heard at another time. Court directed clerk to enter judgment dismissing Mr. Smith and Mr. Spore. Court takes further matters under advisement. Court adjourned. (rlam) Modified on 09/17/1997
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| -- |
Filed: 9/16/1997, Entered: 9/16/1997 |
Motion Hearing |
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Motion hearing held re: [25-1] cross motion by Ralph A. Smith, James K. Spore, Virginia Beach for (partial) Summary Judgment on Counts I, II and III by Ralph A. Smith, James K. Spore, Virginia Beach, [15-1] motion by Yacht Sales for (partial) Summary Judgment (as to Counts I, II, and III) by Yacht Sales (rlam)
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| 33 |
Filed: 9/15/1997, Entered: 9/15/1997 |
Affidavit |
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AFFIDAVIT of William Ricketts, submitted by Virginia Beach in support of [25-1] cross motion by Ralph A. Smith, James K. Spore, Virginia Beach for Summary Judgment on Counts I, II and III, [26-1] opposition by Ralph A. Smith, James K. Spore, Virginia Beach (mwin)
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| 32 |
Filed: 9/15/1997, Entered: 9/15/1997 |
Affidavit |
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AFFIDAVIT of John Walters, submitted by Virginia Beach in support of [25-1] cross motion by Ralph A. Smith, James K. Spore, Virginia Beach for Summary Judgment on Counts I, II and III, [26-1] opposition by Ralph A. Smith, James K. Spore, Virginia Beach (mwin)
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| 31 |
Filed: 9/15/1997, Entered: 9/15/1997 |
Affidavit |
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AFFIDAVIT of Robert W. Esenberg, submitted by Virginia Beach in support of [25-1] cross motion by Ralph A. Smith, James K. Spore, Virginia Beach for Summary Judgment on Counts I, II and III, [26-1] opposition memorandum by Ralph A. Smith, James K. Spore, Virginia Beach (mwin)
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| 30 |
Filed: 9/15/1997, Entered: 9/15/1997 |
Affidavit |
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AFFIDAVIT of Phillip J. Roehrs, submitted by Virginia Beach in support of [25-1] cross motion by Ralph A. Smith, James K. Spore, Virginia Beach for Summary Judgment on Counts I, II and III, and [26-1] opposition by Ralph A. Smith, James K. Spore, Virginia Beach (mwin)
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| 29 |
Filed: 9/15/1997, Entered: 9/15/1997 |
Memorandum in Opposition |
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MEMORANDUM by Yacht Sales in opposition to [25-1] cross motion by Ralph A. Smith, James K. Spore, Virginia Beach for (partial) Summary Judgment on Counts I, II and III, received (mwin)
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| 28 |
Filed: 9/9/1997, Entered: 9/12/1997 |
Memorandum in Opposition |
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MEMORANDUM by Virginia Beach in opposition to [22-1] motion by Yacht Sales for Sanctions upon Virginia Beach, received (mwin)
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| 27 |
Filed: 9/5/1997, Entered: 9/8/1997 |
Reply to Response to Motion |
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REPLY by Yacht Sales to response to [15-1] motion by Yacht Sales for (partial) Summary Judgment (as to Counts I, II, and III), received (mwin)
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Filed: 9/5/1997, Entered: 9/8/1997 |
Motion Hearing |
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Motion hearing re: [15-1] motion by Yacht Sales for (partial) Summary Judgment (as to Counts I, II, and III) set at 2:00 9/16/97, [17-1] motion by Yacht Sales to Compel defendants to fully respond to request for production of documents set at 2:00 9/16/97 (mwin)
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| 26 |
Filed: 9/2/1997, Entered: 9/5/1997 |
Memorandum in Opposition |
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MEMORANDUM by Virginia Beach, James K. Spore, Ralph A. Smith in opposition to [15-1] motion by Yacht Sales for (partial) Summary Judgment (as to Counts I, II, and III), received (mwin)
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| 26 |
Filed: 9/2/1997, Entered: 9/5/1997 |
Memorandum in Support |
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MEMORANDUM by Virginia Beach, James K. Spore, Ralph A. Smith in support of [25-1] cross motion by Ralph A. Smith, James K. Spore, Virginia Beach for (partial) Summary Judgment on Counts I, II and III, received (mwin)
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| 25 |
Filed: 9/2/1997, Entered: 9/5/1997 |
Motion for Summary Judgment |
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CROSS MOTION by Ralph A. Smith, James K. Spore, Virginia Beach for (partial) Summary Judgment on Counts I, II and III (mwin) Modified on 09/05/1997
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| 24 |
Filed: 9/2/1997, Entered: 9/5/1997 |
Memorandum in Opposition |
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MEMORANDUM by Yacht Sales in opposition to [19-1] motion by Virginia Beach to Extend Time to depose plaintiff's witnesses Capt. Joe Walker III and Neil Feussner, received (mwin)
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| 23 |
Filed: 8/29/1997, Entered: 9/5/1997 |
Memorandum in Support |
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MEMORANDUM by Yacht Sales in support of [22-1] motion by Yacht Sales for Sanctions upon Virginia Beach, received (mwin)
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| 22 |
Filed: 8/29/1997, Entered: 9/5/1997 |
Motion for Sanctions |
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MOTION by Yacht Sales for Sanctions upon Virginia Beach (mwin)
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| 21 |
Filed: 8/29/1997, Entered: 9/5/1997 |
Notice |
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NOTICE of hearing 9/16/97 by Yacht Sales on motion for s/j and mo. to compel (mwin)
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| 20 |
Filed: 8/27/1997, Entered: 9/5/1997 |
Memorandum in Support |
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MEMORANDUM by Virginia Beach in support of [19-1] motion by Virginia Beach to Extend Time to depose plaintiff's witnesses Capt. Joe Walker III and Neil Feussner, received (mwin)
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| 19 |
Filed: 8/27/1997, Entered: 9/5/1997 |
Motion for Extension |
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MOTION by Virginia Beach to Extend Time to depose plaintiff's witnesses Capt. Joe Walker III and Neil Feussner at reasonable time and place up to time of trial (mwin)
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| 18 |
Filed: 8/22/1997, Entered: 8/27/1997 |
Memorandum in Support |
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MEMORANDUM by Yacht Sales in support of [17-1] motion by Yacht Sales to Compel defendants to fully respond to request for production of documents, received (mwin)
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| 17 |
Filed: 8/22/1997, Entered: 8/27/1997 |
Motion to Compel |
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MOTION by Yacht Sales to Compel defendants to fully respond to request for production of documents (mwin)
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| 16 |
Filed: 8/21/1997, Entered: 8/27/1997 |
Affidavit |
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AFFIDAVIT of Robert B. May, submitted by Yacht Sales in support of [15-1] motion by Yacht Sales for (partial) Summary Judgment (as to Counts I, II, and III), attached to [16-1] support memorandum by Yacht Sales (mwin)
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| 16 |
Filed: 8/21/1997, Entered: 8/27/1997 |
Affidavit |
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AFFIDAVIT of John Crowling, submitted by Yacht Sales in support of [15-1] motion by Yacht Sales for (partial) Summary Judgment (as to Counts I, II, and III), attached to [16-1] support memorandum by Yacht Sales (mwin)
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| 16 |
Filed: 8/21/1997, Entered: 8/27/1997 |
Affidavit |
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AFFIDAVIT of Captain Joe Walker, III, submitted by Yacht Sales in support of [15-1] motion by Yacht Sales for (partial) Summary Judgment (as to Counts I, II, and III), attached to [16-1] support memorandum (mwin)
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| 16 |
Filed: 8/21/1997, Entered: 8/27/1997 |
Memorandum in Support |
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MEMORANDUM by Yacht Sales in support of [15-1] motion by Yacht Sales for (partial) Summary Judgment (as to Counts I, II, and III), received (mwin)
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| 15 |
Filed: 8/21/1997, Entered: 8/27/1997 |
Motion for Summary Judgment |
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MOTION by Yacht Sales for (partial) Summary Judgment (as to Counts I, II, and III) (mwin)
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| 14 |
Filed: 7/10/1997, Entered: 7/11/1997 |
Memorandum in Support |
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MEMORANDUM by Yacht Sales in support of [13-1] motion by Yacht Sales to Compel defendant City of Va. Beach to fully respond to discovery, received (mwin)
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| 13 |
Filed: 7/10/1997, Entered: 7/11/1997 |
Motion to Compel |
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MOTION by Yacht Sales to Compel defendant City of Va. Beach to fully respond to discovery (mwin)
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| 12 |
Filed: 7/1/1997, Entered: 7/7/1997 |
Order |
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ORDER on 7/1/97 hearing, noting City of Va. Beach failed to file responses to plaintiff's motions; granting [7-1] motion by Yacht Sales to Compel; directing all outstanding discovery be supplied or supplemented by 7/7/97; granting [9-1] motion by Yacht Sales to enlarge time for discovery; extending plaintiff's discovery cutoff to 8/22/97; entered and filed 7/1/97 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 7/1/97 (mwin)
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Filed: 7/1/1997, Entered: 7/7/1997 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS Minute entry: Magistrate Judge Tommy E. Miller. Reporter: Sharon Borden, official court reporter. Counsel appeared. Matter came on plaintiff's motions to compel and extend time. Comments of court re failure to file brief by City of Va. Beach. Court grants plaintiff's motions to compel and to extend time. Court extends time to 7/7/97 and set discovery cutoff for 8/22/97. Court will enter order. Court adjourned. (mwin)
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Filed: 7/1/1997, Entered: 7/7/1997 |
Motion Hearing |
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Motion hearing held re: [9-1] motion by Yacht Sales to Extend Time to conduct discovery, [7-1] motion by Yacht Sales to Compel defendants to fully respond to interrogatories and request for production (mwin)
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| 11 |
Filed: 6/26/1997, Entered: 6/26/1997 |
Notice of Hearing. |
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NOTICE of Hearing: motion to compel and extend time, by plaintiff. (clerk)
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Filed: 6/26/1997, Entered: 6/26/1997 |
Motion Hearing |
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Motion hearing re: [9-1] motion by Yacht Sales to Extend Time to conduct discovery set at 9:00 a.m. 7/1/97, [7-1] motion by Yacht Sales to Compel defendants to fully respond to interrogatories and request for production set at 9:00 a.m. 7/1/97 (clerk)
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| 10 |
Filed: 6/19/1997, Entered: 6/23/1997 |
Memorandum in Support |
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MEMORANDUM by Yacht Sales in support of [9-1] motion by Yacht Sales to Extend Time to conduct discovery, received (mwin)
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| 9 |
Filed: 6/19/1997, Entered: 6/23/1997 |
Motion for Extension |
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MOTION by Yacht Sales to Extend Time to conduct discovery (mwin)
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| 8 |
Filed: 6/6/1997, Entered: 6/12/1997 |
Memorandum in Support |
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MEMORANDUM by Yacht Sales in support of [7-1] motion by Yacht Sales to Compel defendants to fully respond to interrogatories and request for production, received (mwin)
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| 7 |
Filed: 6/6/1997, Entered: 6/12/1997, Terminated: 7/1/1997 |
Motion to Compel |
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MOTION by Yacht Sales to Compel defendants to fully respond to interrogatories and request for production (mwin)
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| 6 |
Filed: 4/30/1997, Entered: 5/2/1997 |
Order |
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Order on Initial Pretrial Conference scheduling trial for 10/15/97 at 10:00 a.m. at Norfolk; trial by jury has not been demanded. Proposed findings of fact and conclusions of law shall be received by the Clerk on or before 10/9/97. A final pretrial conference shall be held on 9/26/97 at 10:00 a.m.; de bene esse depositions shall be concluded on or before 9/5/97; discovery shall be completed on or before 7/22/97 and defendant by 8/22/97; setting forth times and sequence for disclosure of expert testimony; entered 4/29/97 and filed 4/30/97; WTP, USMJ; Copies Mailed: 4/30/97 (arou)
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Filed: 4/29/1997, Entered: 5/2/1997 |
Pretrial Conference - Initial |
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Initial pretrial conference held (mwin)
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| -- |
Filed: 4/15/1997, Entered: 4/15/1997 |
Pretrial Conference - Initial |
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Initial pretrial conference set at 3:00 4/29/97 (arou)
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Filed: 4/11/1997, Entered: 4/11/1997 |
Docket Annotation |
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Referred for initial pretrial conf. scheduling (mwin)
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| 5 |
Filed: 4/2/1997, Entered: 4/11/1997 |
Answer |
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ANSWER to Complaint by Virginia Beach, James K. Spore, Ralph A. Smith (Attorney Richard Jay Beaver, Kenneth Michael Golski) (mwin)
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| 4 |
Filed: 3/17/1997, Entered: 3/18/1997 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Ralph A. Smith 3/13/97 by service on Jennifer Dew for Ralph A. Smith. Answer due on 4/2/97 for Ralph A. Smith (mwin)
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| 3 |
Filed: 3/17/1997, Entered: 3/18/1997 |
Summons Returned Executed |
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SUMMONS Returned Executed as to James K. Spore 3/13/97 by service on Pam Matthias for James K. Spore. Answer due on 4/2/97 for James K. Spore (mwin)
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| 2 |
Filed: 3/17/1997, Entered: 3/18/1997 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Virginia Beach 3/13/97 by service on Audrey Johnson for Leslie L. Lillie, City Attorney. Answer due on 4/2/97 for Virginia Beach (mwin)
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Filed: 3/12/1997, Entered: 3/12/1997 |
Summons Issued |
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3 SUMMONSES with 1 copy each issued for Virginia Beach, James K. Spore, Ralph A. Smith; Mag. Judge notice, etc.; del. to counsel (mwin)
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| 1 |
Filed: 3/11/1997, Entered: 3/12/1997 |
Complaint |
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COMPLAINT; Filing Fee $150 pd. by VBMM; Receipt #13621 (mwin)
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Filed: 4/30/1996, Entered: 5/2/1997 |
Pretrial Conference - Initial |
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Initial pretrial conference held (arou)
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