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Filed: 8/14/2001, Entered: 8/30/2001 |
Docket Annotation |
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Jury instructions destroyed. (ariv)
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| 93 |
Filed: 8/7/2000, Entered: 8/7/2000 |
Judgment* |
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JUDGMENT on decision of the court that the Defendants' Motion to Dismiss is GRANTED as to Count Two, entered by the clerk and filed 8/7/00, o.b., Copies Mailed: 8/7/00 [EOD DATE: 8/7/00] (jcow)
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| 92 |
Filed: 8/4/2000, Entered: 8/7/2000 |
Order |
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ORDER Granting State defendants' motion to dismiss as to Count Two as plaintiff's due process claims fail on their mertis and the State defendants are entitled to immunity, entered and filed 8/4/00 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 8/4/00 [EOD Date: 8/7/00] (jcow)
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| 91 |
Filed: 7/27/2000, Entered: 7/27/2000 |
Order |
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Agreed Consent Order granting [89-1] motion by State Defendants (Sonia Rivero is now Commissioner of the Virginia Department of Social Services) to lift stay and rule on pending motion to dismiss, entered 7/5/00 and filed 7/27/00 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 7/27/00 (jcow)
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| 90 |
Filed: 5/10/2000, Entered: 5/10/2000 |
Memorandum in Support |
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MEMORANDUM by Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr. in support of [89-1] motion by State Defendants (Sonia Rivero is now Commissioner of the Virginia Department of Social Services) to lift stay and rule on pending motion to dismiss, received (jcow)
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| 89 |
Filed: 5/10/2000, Entered: 5/10/2000, Terminated: 7/27/2000 |
Motion for Miscellaneous Relief |
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MOTION by State Defendants (Sonia Rivero is now Commissioner of the Virginia Department of Social Services) to lift stay and rule on pending motion to dismiss (jcow)
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| 88 |
Filed: 10/29/1999, Entered: 11/1/1999 |
USCA Judgment |
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JUDGMENT OF USCA affirming the judgment of the District Court (certified copy) Re: [83-1] appeal by Grady Perry, Pamela Perry, filed. ob. (clerk)
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| 87 |
Filed: 10/29/1999, Entered: 11/1/1999 |
USCA Mandate |
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Opinion of USCA re: [83-1] appeal by Grady Perry, Pamela Perry (clerk)
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| 86 |
Filed: 10/28/1999, Entered: 10/29/1999 |
USCA Order |
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Copy of USCA Order denying the petition for rehearing and rehearing en banc. (clerk)
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| 85 |
Filed: 9/21/1999, Entered: 9/22/1999 |
USCA Mandate |
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Advanced copy of Opinion of USCA re: [83-1] appeal by Grady Perry, Pamela Perry (clerk)
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| 84 |
Filed: 1/6/1999, Entered: 1/6/1999 |
Transcript |
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TRANSCRIPT OF PROCEEDINGS for dates of 6/1/98 before the Honorable Jerome B. Friedman (clerk)
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Filed: 9/28/1998, Entered: 9/28/1998 |
Certificate of Completion |
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Certification of completion sent to USCA re: [83-1] appeal by Grady Perry, Pamela Perry (clerk)
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| -- |
Filed: 9/3/1998, Entered: 9/8/1998 |
USCA Case Number |
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USCA Case Number Re: [0-0] transmitted appeal CASE MANAGER: W. Upshur USCA NUMBER: 98-2284 (clerk)
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| 83 |
Filed: 8/26/1998, Entered: 8/26/1998, Terminated: 10/29/1999 |
Notice of Appeal |
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NOTICE OF APPEAL OF [82-1] judgment order, [81-1] order, [41-1] order by Pamela Perry, Grady Perry. FILING FEE $105.00 RECEIPT # 18117 (clerk)
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| -- |
Filed: 8/26/1998, Entered: 8/26/1998, Terminated: 10/29/1999 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Appeal, Judgment, Opinion and Order filed 7/27/98, Opinion and Order filed 1/29/98 and docket sheet to USCA: copy of notice of appeal to all counsel [83-1] appeal by Grady Perry, Pamela Perry (clerk)
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| 82 |
Filed: 7/27/1998, Entered: 7/27/1998 |
Judgment* |
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JUDGMENT on decision by the court that the City Defendants' motion for summary judgment is GRANTED and Counts II and III are DISMISSED with respect to the City Defendants. The Court further finds that Perry is unable to establish an essential element of the negligent hiring claim against the defendant Oliver. The Motion for summary judgment is therefore GRANTED as to Count V, and the same is DIMISSED, entered and filed by the Clerk 7/27/98, ob, Cert. Copies Mailed: 7/27/98 (arou) Modified on 07/27/1998
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| 81 |
Filed: 7/27/1998, Entered: 7/27/1998 |
Order |
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ORDER granting [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment, and Counts II and III are DISMISSED with respect to the City Defendants; the Court further finds that plaintiff is unable to establish an essential element of the negligent hiring claim against the defendant Oliver; therefore the motion for summary judgment is GRANTED as to Count V, and the same is DISMISSED, entered and filed 7/27/98 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 7/27/98 (arou)
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| -- |
Filed: 7/27/1998, Entered: 7/27/1998 |
Case Assigned/Reassigned |
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CASE assigned to Judge Jerome B. Friedman (arou)
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| -- |
Filed: 7/27/1998, Entered: 7/27/1998 |
Disposable Record |
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Disposable Record (arou)
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| -- |
Filed: 7/27/1998, Entered: 7/27/1998 |
Terminated Case |
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Case closed (arou)
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| 80 |
Filed: 6/2/1998, Entered: 6/2/1998 |
Objection |
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OBJECTION by defendant Norfolk, City of, defendant James B. Oliver Jr., defendant George Musgrove, defendant Suzanne Puryear, defendant Kevin Childs, defendant Brenda Herron to Plaintiff's Jury Instructions (arou)
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| 79 |
Filed: 6/1/1998, Entered: 6/1/1998 |
Minutes-Miscellaneous |
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Minute entry: COURT PROCEEDINGS. She Ash, Reporter. Counsel appeared. Matter came on [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment. Argument of counsel heard. Court takes matter under advisement. Court adjourned. (rlam)
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| -- |
Filed: 6/1/1998, Entered: 6/1/1998 |
Motion Hearing |
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Motion hearing held re: [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment (rlam)
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| 78 |
Filed: 5/18/1998, Entered: 5/19/1998 |
Transcript |
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TRANSCRIPT of George Gilbert for dates of 3/17/98 in support of plaintiff's brief in opposition to motion for summary judgment (arou)
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| 77 |
Filed: 5/18/1998, Entered: 5/19/1998 |
Transcript |
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TRANSCRIPT of James B. Oliver for dates of 2/24/98 in support of plaintiff's brief in opposition to motion for summary judgment (arou)
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| 76 |
Filed: 5/18/1998, Entered: 5/19/1998 |
Transcript |
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TRANSCRIPT of Suzanne Puryear's deposition for dates of 2/24/98 in support of plaintiff's brief in opposition to motion for summary judgment (arou)
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| 75 |
Filed: 5/12/1998, Entered: 5/12/1998 |
Affidavit |
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AFFIDAVIT of Karen Lindsay-Hatch in suport of Re: [75-1] opposition memorandum (arou)
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| 75 |
Filed: 5/12/1998, Entered: 5/12/1998 |
Affidavit |
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AFFIDAVIT of Grady Perry in support of Re: [75-1] opposition memorandum (arou)
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| 75 |
Filed: 5/12/1998, Entered: 5/12/1998 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry in opposition to [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment, received (Received in Clerk's Office 5/4/98, however exceeded page limits) (arou)
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| 74 |
Filed: 5/12/1998, Entered: 5/12/1998 |
Order |
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ORDER granting [70-1] motion by Grady Perry for Leave to File Brief in Opposition to defendants' motion for summary judgment, granting [65-1] motion by Grady Perry to Continue, denying [65-2] motion by Grady Perry to Lift Stay, oral argument on defendants' motion for summary judgment is hereby scheduled for 6/1/98 at 2:00 p.m.; any additional deposition transcripts required for the hearing shall be filed within 5 days, entered 5/11/98; filed 5/12/98 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 5/12/98 (arou)
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| -- |
Filed: 5/12/1998, Entered: 5/29/1998 |
Motion Hearing |
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Motion hearing re: [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment set at 2:00 on 6/1/98 (arou)
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| 73 |
Filed: 5/11/1998, Entered: 5/11/1998 |
Minutes-Miscellaneous |
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Minute entry: HEARING PROCEEDINGSS: JBF, J.; Sue Ash, OCR; appearances: Bernard T. Holmes on behalf of pltf; Cheryl Ann Wilkerson, Daniel J. Poynor and Jacob P. Stroman, IV on behalf of defts; with agreement of counsel, court granted pltf's motion for leave to file brief in opposition subj. to local Rule 7(E)(3); counsel to submit order to court; came on for hearing on pltf's motion to continue and to lift stay; arguments heard; rebuttal heard; court defers decision pending a 4:00 p.m. telephone conference call (jtho)
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| -- |
Filed: 5/11/1998, Entered: 5/11/1998 |
Motion Hearing |
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Motion hearing held re: [65-1] motion by Grady Perry to Continue by Grady Perry, [65-2] motion by Grady Perry to Lift Stay by Grady Perry (jtho)
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| 72 |
Filed: 5/8/1998, Entered: 5/11/1998 |
Affidavit |
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Supplemental AFFIDAVIT of Kevin Childs by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron Re: [72-1] response reply (arou)
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| 72 |
Filed: 5/8/1998, Entered: 5/11/1998 |
Reply to Response to Motion |
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REPLY by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron to response to [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment, received (arou)
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| 71 |
Filed: 5/6/1998, Entered: 5/6/1998 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry in opposition to [60-1] motion by James B. Oliver Jr. to Amend his Answer, received (arou)
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| 70 |
Filed: 5/6/1998, Entered: 5/6/1998, Terminated: 5/12/1998 |
Motion for Leave to File |
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MOTION by Grady Perry for Leave to File Brief in Opposition to defendants' motion for summary judgment (arou)
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| 69 |
Filed: 5/5/1998, Entered: 5/5/1998, Terminated: 7/27/1998 |
Response to Motion |
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RESPONSE by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron to [63-1] motion by Grady Perry to Extend Time to file response to defendants' motion for summary judgment (arou) Modified on 05/06/1998
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| 68 |
Filed: 5/5/1998, Entered: 5/5/1998, Terminated: 7/27/1998 |
Response to Motion |
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RESPONSE by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron to [65-1] motion by Grady Perry to Continue (arou) Modified on 05/06/1998
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| 67 |
Filed: 5/5/1998, Entered: 5/5/1998, Terminated: 5/12/1998 |
Motion for Leave to File |
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MOTION by Grady Perry for Leave to File Brief in Opposition Subject to Local Rule 7(E)(3), (Filed Subject to Defect) (arou) Modified on 05/06/1998
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| 66 |
Filed: 4/29/1998, Entered: 4/29/1998 |
Memorandum in Support |
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MEMORANDUM by Grady Perry in support of [65-1] motion by Grady Perry to Continue, received (arou)
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| 65 |
Filed: 4/29/1998, Entered: 4/29/1998, Terminated: 5/12/1998 |
Motion to Continue |
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MOTION by Grady Perry to Continue , and by Grady Perry to Lift Stay (arou)
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| 64 |
Filed: 4/29/1998, Entered: 4/29/1998 |
Memorandum in Support |
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MEMORANDUM by Grady Perry in support of [63-1] motion by Grady Perry to Extend Time to file response to defendants' motion for summary judgment, received (arou)
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| 63 |
Filed: 4/29/1998, Entered: 4/29/1998, Terminated: 7/27/1998 |
Motion for Extension |
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MOTION by Grady Perry to Extend Time to file response to defendants' motion for summary judgment (arou)
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Filed: 4/29/1998, Entered: 4/29/1998 |
Suspense Deadline |
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**Suspense 5/13/98 (Brief in Opposition from defendants) (arou)
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| 62 |
Filed: 4/24/1998, Entered: 4/24/1998 |
Order |
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ORDER ON Final Pretrial CONFERENCE, entered 4/24/98 in the presence of counsel; filed 4/24/98; TEM, USMJ. (arou)
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| 61 |
Filed: 4/21/1998, Entered: 4/22/1998 |
Memorandum in Support |
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MEMORANDUM by James B. Oliver Jr. in support of [60-1] motion by James B. Oliver Jr. to Amend his Answer, received (arou)
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| 60 |
Filed: 4/21/1998, Entered: 4/22/1998 |
Motion to Amend/Correct |
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MOTION by James B. Oliver Jr. to Amend his Answer (arou)
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| 59 |
Filed: 4/20/1998, Entered: 4/20/1998 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron in support of [57-1] motion for Summary Judgment, received. (Received on 4/10/98, allowed by notation order of 4/20/98.) (ariv)
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Filed: 4/20/1998, Entered: 4/20/1998 |
Order |
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So Ordered: granting [58-1] motion by defendants for Leave to File Brief (subject to Local Rule 7(E)(3))in Support of Motion for Summary Judgment, entered thereon and filed 4/20/98, ( signed by Judge Jerome B. Friedman ) Copies Mailed: 4/20/98. (ariv)
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| 58 |
Filed: 4/13/1998, Entered: 4/14/1998 |
Motion for Leave to File |
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MOTION by defendants for Leave to File Brief in Support of Motion for Summary Judgment (arou)
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| 57 |
Filed: 4/10/1998, Entered: 4/13/1998 |
Affidavit |
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AFFIDAVIT of Kevin Childs in support of [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment (arou)
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| 57 |
Filed: 4/10/1998, Entered: 4/13/1998 |
Affidavit |
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AFFIDAVIT of Brenda Herron in support of [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment (arou)
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| 57 |
Filed: 4/10/1998, Entered: 4/13/1998 |
Affidavit |
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AFFIDAVIT of George C. Musgrove in support of [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment (arou)
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| 57 |
Filed: 4/10/1998, Entered: 4/13/1998 |
Affidavit |
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AFFIDAVIT of Suzanne Puryear in support of [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment (arou)
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| 57 |
Filed: 4/10/1998, Entered: 4/13/1998, Terminated: 7/27/1998 |
Affidavit |
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AFFIDAVIT of James Oliver in support of [57-1] motion by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment (arou)
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| 57 |
Filed: 4/10/1998, Entered: 4/13/1998, Terminated: 7/27/1998 |
Motion for Summary Judgment |
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MOTION by defendants City of Norfolk, Oliver, Musgrove, Puryear, Childs & Herron for Summary Judgment (Memorandum submitted with motion which is not being recorded at this time as it is in excess of 30 pages) (arou) Modified on 04/13/1998
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| 56 |
Filed: 4/3/1998, Entered: 4/3/1998 |
Order |
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ORDER denying [54-1] motion by Grady Perry to Dismiss motion to compel, granting [50-1] motion by defendants, City of Norfolk, Oliver, Puryear, Musgrove, Herron, & Childs to Compel, and directing plaintiff to properly serve its signed, dated and notarized responses to the outlined interrogatories on defendants within 7 calendar days of this Order; the Court reserves the right to revisit the defendant's request for attorney fees related to this matter, and consider the request at the close of this litigation or upon motion by the City defendant, entered 4/2/98; filed 4/3/98 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 4/3/98 (arou)
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| 55 |
Filed: 4/2/1998, Entered: 4/2/1998 |
Minutes-Miscellaneous |
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Minute entry: HEARING PROCEEDINGS: JBF, J.; Sue Ash, OCR; appearances: Shawn W. Overby appeared on behalf of pltf; Jacob P. Stroman, IV appeared on behalf of defts, City of Norfolk, James B. Oliver, George Musgrove, Suzanne Puryear, Kevin Childs and Brenda Herron; came on for hearing on defts' motion to compel and for pltf's motion to dismiss the motion to compel; court denied pltf's motion to dismiss the motion to compel; counsel for defts advised the court that some of the issues in the motion to compel had been resolved; arguments heard on the remaining issues; court ordered the pltf. to respond in 7 days; court will prepare an order (jtho)
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Filed: 4/2/1998, Entered: 4/2/1998 |
Motion Hearing |
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Motion hearing held re: [54-1] motion by Grady Perry to Dismiss motion to compel by Grady Perry, [50-1] motion by defendants, City of Norfolk, Oliver, Puryear, Musgrove, Herron, & Childs to Compel by defendants (jtho)
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| 54 |
Filed: 3/30/1998, Entered: 4/2/1998, Terminated: 4/3/1998 |
Motion to Dismiss |
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MOTION by Grady Perry to Dismiss motion to compel (jtho)
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| 54 |
Filed: 3/30/1998, Entered: 3/30/1998, Terminated: 4/3/1998 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry in opposition to [50-1] motion by defendants, City of Norfolk, Oliver, Puryear, Musgrove, Herron, & Childs to Compel, received (arou)
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| 53 |
Filed: 3/26/1998, Entered: 3/27/1998 |
USCA Order |
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USCA Order (certified copy) dismissing the appeal without prejudice pursuant to Rule 42(b) of the FRAP. ob (clerk) Modified on 03/27/1998
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| 52 |
Filed: 3/25/1998, Entered: 3/26/1998 |
Notice of Hearing. |
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NOTICE of Hearing: on defendants' motion to compel set 4/2/98 at 2:00 p.m. (arou)
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| -- |
Filed: 3/24/1998, Entered: 3/24/1998 |
Motion Hearing |
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Motion hearing re: [50-1] motion by defendants, City of Norfolk, Oliver, Puryear, Musgrove, Herron, & Childs to Compel set at 2:00 on 4/2/98 (arou)
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| 51 |
Filed: 3/20/1998, Entered: 3/23/1998 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron in support of [50-1] motion by defendants, City of Norfolk, Oliver, Puryear, Musgrove, Herron, & Childs to Compel, received (arou)
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| 50 |
Filed: 3/20/1998, Entered: 3/23/1998 |
Motion to Compel |
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MOTION by defendants, City of Norfolk, Oliver, Puryear, Musgrove, Herron, & Childs to Compel (arou)
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Filed: 3/11/1998, Entered: 3/12/1998 |
USCA Case Number |
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USCA Case Number Re: [49-1] appeal by Pamela Perry, Grady Perry CASE MANAGER: Joy Hargett USCA NUMBER: 98-1326 (clerk)
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| 49 |
Filed: 3/4/1998, Entered: 3/4/1998, Terminated: 7/27/1998 |
Notice of Appeal |
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NOTICE OF APPEAL by Grady Perry, Pamela Perry. FILING FEE $105.00, RECEIPT # 16447 (arou)
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Filed: 3/4/1998, Entered: 3/4/1998 |
Docket Annotation |
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Copy of Notice of Appeal, Judgment, Order & Opinion, and docket entries to USCA; copy of notice of appeal, docketing statement, transcript order form and docket sheet to plaintiff's atty., copy of notice of appeal to counsel (arou)
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| 48 |
Filed: 2/23/1998, Entered: 2/23/1998 |
Order |
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ORDER Dismissing Count VII of the complaint with prejudice , entered and filed 2/23/98 ( signed by Judge Jerome B. Friedman ), ob, Copies Mailed: 2/23/98 (arou)
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| 47 |
Filed: 2/11/1998, Entered: 2/11/1998 |
Order |
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ORDER extending the plaintiff's discovery time to 3/13/98, and denying the plaintiffs' motion for attorneys' fees, entered and filed 2/11/98 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 2/11/98 (arou)
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Filed: 2/10/1998, Entered: 2/10/1998 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS before TEM, USMJ. Sue Ashe, rptr. Shawn W. Overby, counsel appeared on behalf of plaintiff. Jacob Paul Stroman, IV, counsel appearned on behalf of defendant. Came on re motion to compel discovery and to extend discovery. Parties resolved motion to compel discovery and agreed to extend discovery cut-off date. Court extended cut-off to 3/13/98. Argument re plaintiff's motion for attorney fees. Court DENIED motion. Court adjourned. (arou)
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Filed: 2/10/1998, Entered: 2/10/1998 |
Minutes-Miscellaneous |
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Minute entry: mooting [43-1] motion by Grady Perry to Compel, granting [40-1] motion by Pamela Perry, Grady Perry to Extend Time, mooting [38-1] motion by Pamela Perry, Grady Perry to Compel (arou)
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| 46 |
Filed: 1/30/1998, Entered: 2/2/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Re: Plaintiff's motion to extend plaintiff's discovery time for 2/10/98 at 11:00 a.m. (arou)
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| 45 |
Filed: 1/30/1998, Entered: 2/2/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Re: Plaintiffs' Motion to Compel (arou)
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| 44 |
Filed: 1/30/1998, Entered: 2/2/1998 |
Memorandum in Support |
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MEMORANDUM by Grady Perry in support of [43-1] motion by Grady Perry to Compel, received (arou)
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| 43 |
Filed: 1/30/1998, Entered: 2/2/1998 |
Motion to Compel |
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MOTION by Grady Perry to Compel (arou)
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| 42 |
Filed: 1/29/1998, Entered: 1/29/1998 |
Judgment* |
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JUDGMENT ON DECISION BY THE COURT that Pamela Perry is DISMISSED as a plaintiff because she lacks standing in this case, entered by the Clerk and filed 1/29/98, OB, Certified Copies Mailed: 1/29/98 (arou)
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| 41 |
Filed: 1/29/1998, Entered: 1/29/1998 |
Order |
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ORDER DISMISSING Pamela Perry as a plaintiff because she lacks standing in this case; 2) the Court ABSTAINS from ruling on Counts I & II, Count I is therefore DISMISSED WITH PREJUDICE, the Court STAYS its proceedings as to the State Defendants in Count II, pending the completion of the state court proceedings; 3) the Court DECLINES TO RULE on the State Defendants' Motion to Dismiss Count II because it is staying the proceedings against the State Defendants as to Count II; 4) Count III is STILL PENDING as no motions have been made as to Count III; 5) Count IV is DISMISSED WITH PREJUDICE; 6) the City of Norfolk is immune from suit as to Counts V, VI, & VII and therefore those claims are DISMISSED WITH PREJUDICE as to the City of Norfolk 7) the claims in Count V & VI for negligent retention are DISMISSED WITH PREJUDICE; 8) the claim for negligent hiring in Count V IS NOT DISMISSED; 9) Plaintiff Grady is GRANTED LEAVE TO AMEND his complaint against Defendants Herron and Childs as to Count VII only to state a cause of action in accordance with Section II. If Grady does not amend his complaint as to Count VII within 21 days of this order, the Clerk is directed to dismiss Count VII WITH PREJUDICE; 10) the Motion for Class Certification is DENIED as to the City Defendants and the Court makes no ruling on the motion as to the State Defendants, entered and filed 1/29/98 (signed by Judge Jerome B. Friedman ) Copies Mailed: 1/29/98 (arou)
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| -- |
Filed: 1/29/1998, Entered: 1/29/1998 |
Suspense Deadline |
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**Suspense 2/19/98 (plaintiff's amendment to complaint due) (arou)
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| -- |
Filed: 1/29/1998, Entered: 1/29/1998 |
Motion Hearing |
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Motion hearing re: [40-1] motion by Pamela Perry, Grady Perry to Extend Time set at 11:00 2/10/98, [38-1] motion by Pamela Perry, Grady Perry to Compel set at 11:00 2/10/98 (arou)
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| 40 |
Filed: 1/26/1998, Entered: 1/27/1998 |
Motion for Extension |
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MOTION with Memorandum in Support by Pamela Perry, Grady Perry to Extend Time (arou)
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| -- |
Filed: 1/26/1998, Entered: 1/27/1998 |
Suspense Deadline |
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**Suspense 2/9/98 (defednant's memorandum in opposition) (arou)
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| -- |
Filed: 1/26/1998, Entered: 1/27/1998 |
Suspense Deadline |
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Text not available.
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| 39 |
Filed: 12/24/1997, Entered: 12/24/1997 |
Memorandum in Support |
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MEMORANDUM by Grady Perry, Pamela Perry in support of [38-1] motion by Pamela Perry, Grady Perry to Compel, received (arou)
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| 38 |
Filed: 12/24/1997, Entered: 12/24/1997, Terminated: 2/10/1998 |
Motion to Compel |
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MOTION by Pamela Perry, Grady Perry to Compel (arou)
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| 37 |
Filed: 12/15/1997, Entered: 12/15/1997 |
Transcript |
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TRANSCRIPT of Proceedings for 12/4/97 (Motions) (arou)
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| 36 |
Filed: 12/4/1997, Entered: 12/5/1997 |
Order |
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ORDER extending time until 11/15/97 for plaintiffs to file a response to defendants' motion to dismiss, agreed, entered and filed in open Court 12/4/97, ( signed by Judge Jerome B. Friedman ) (ariv)
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| 35 |
Filed: 12/4/1997, Entered: 12/4/1997 |
Memorandum in Opposition |
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MEMORANDUM by Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr. in opposition to [28-1] motion by Pamela Perry, Grady Perry for class certification, received. (Filed in Richmond Division on 12/2/97) (ariv)
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| -- |
Filed: 12/4/1997, Entered: 12/4/1997 |
Motion Hearing |
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Text not available.
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| -- |
Filed: 12/4/1997, Entered: 12/4/1997 |
Minutes-Miscellaneous |
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Minute entry: HEARING PROCEEDINGS; JBF, judge. Sue Ash, OCR. Counsel appeared. Matter came on for hearing on pending motions. Argued. Court takes under advisement. Order extending time for pltfs' to respond to motion to dismiss to Nov. 15, 1997 entered and filed. (clerk)
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| -- |
Filed: 12/4/1997, Entered: 12/4/1997 |
Motion Hearing |
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Motion hearing held re: [28-1] motion by Pamela Perry, Grady Perry for class certification by Pamela Perry, Grady Perry, [18-1] motion by state defendants' for Protective Order by defendants, [16-1] motion by state defendants' to Dismiss by defendants, [13-1] motion by Brenda Herron, Kevin Childs, Norfolk, City of to Dismiss Count VII by Brenda Herron, Kevin Childs, Norfolk, City of, [11-1] motion by Suzanne Puryear, George Musgrove, James B. Oliver Jr., Norfolk, City of to Dismiss Counts V and VI by Suzanne Puryear, George Musgrove, James B. Oliver Jr., Norfolk, City of, [9-1] motion by Brenda Herron, Kevin Childs, Suzanne Puryear, George Musgrove to Dismiss Count IV by Brenda Herron, Kevin Childs, Suzanne Puryear, George Musgrove, [7-1] motion by Norfolk, City of to Dismiss by Norfolk, City of, [5-1] motion by defendants to Dismiss by defendants (clerk)
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| 34 |
Filed: 12/3/1997, Entered: 12/3/1997 |
Memorandum in Opposition |
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MEMORANDUM by Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr. in opposition to [28-1] motion, received. (Received in Richmond 12/2/97) (arou)
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| 33 |
Filed: 12/2/1997, Entered: 12/2/1997 |
Memorandum in Opposition |
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MEMORANDUM by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron in opposition to [28-1] motion by Pamela Perry, Grady Perry for class certification, received (arou)
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| 32 |
Filed: 11/25/1997, Entered: 11/25/1997 |
Reply to Response to Motion |
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REPLY by Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr. to response to [16-1] motion by state defendants' to Dismiss, received (Received in Richmond Division on 11/24/97) (arou)
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| 31 |
Filed: 11/25/1997, Entered: 11/25/1997 |
Reply to Response to Motion |
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REPLY by Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr. to response to [18-1] motion by state defendants' for Protective Order, received (arou)
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| -- |
Filed: 11/24/1997, Entered: 11/24/1997 |
Motion Hearing |
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Motion hearing re: [28-1] motion by Pamela Perry, Grady Perry for class certification set at 2:00 12/4/97, [25-1] motion by Pamela Perry, Grady Perry to Extend Time set at 2:00 12/4/97, [18-1] motion by state defendants' for Protective Order set at 2:00 12/4/97, [16-1] motion by state defendants' to Dismiss set at 2:00 12/4/97, [13-1] motion by Brenda Herron, Kevin Childs, Norfolk, City of to Dismiss Count VII set at 2:00 12/4/97, [11-1] motion by Suzanne Puryear, George Musgrove, James B. Oliver Jr., Norfolk, City of to Dismiss Counts V and VI set at 2:00 12/4/97, [9-1] motion by Brenda Herron, Kevin Childs, Suzanne Puryear, George Musgrove to Dismiss Count IV set at 2:00 12/4/97, [7-1] motion by Norfolk, City of to Dismiss set at 2:00 12/4/97, [5-1] motion by defendants to Dismiss set at 2:00 12/4/97 (arou)
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| 30 |
Filed: 11/21/1997, Entered: 11/24/1997 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry, Pamela Perry in opposition to [18-1] motion by state defendants' for Protective Order, received (arou)
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| 29 |
Filed: 11/21/1997, Entered: 11/24/1997 |
Memorandum in Support |
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MEMORANDUM by Grady Perry, Pamela Perry in support of [28-1] motion by Pamela Perry, Grady Perry for class certification, received (arou)
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| Save 25% on a pre-paid one year subscription. |
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| 28 |
Filed: 11/21/1997, Entered: 11/24/1997 |
Motion for Miscellaneous Relief |
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MOTION by Pamela Perry, Grady Perry for class certification (arou)
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| 27 |
Filed: 11/20/1997, Entered: 11/24/1997 |
Order |
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ORDER ON INITIAL PRETRIAL CONFERENCE scheduling trial for 5/14/98 at 10:00 a.m. in Norfolk; trial by jury has been demanded. Proposed voir dire and written jury instructions shall be received by the Clerk on or before 5/9/98. A final pretrial conference shall be held on 4/24/98 at 9:00 a.m.; de bene esse depositions shall be concluded by all parties on or before 3/27/98; setting forth times and sequence for disclosure of expert testimony; plaintiff's brief in opposition to the pending motion for protective order staying discovery shall be received on or before 11/21/97; a hearing on the motions is scheduled on 12/4/97 at 2:00 p.m.; plaintiff's contemplated motion to amend the complaint shall be filed with supporting memorandum on or before 12/2/97. Defendant's brief in opposition shall be received on or before 12/15/97. It having been indicated by counsel that the proper style of this case should be "Grady Perry, on his own behalf and on behalf of others similarly situated, and Pamela Perry, on her own behalf and on behalf of others similarly situated v. Clarence H. Carter, Commissioner, Virginia Department of Social Services, in his official and individual capacity, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson and Robert C. Spadaccini, Sr., individually and in their official capacities as members of the State Board of Department of Social Services and City of Norfolk, and James B. Oliver, City Manager of the City of Norfolk, in his official and individual capacity and George Musgrove, individually, and Suzanne Puryear, individually, and Kevin Childs, individually, and Brenda Herron, individually," it is Ordered that all pleadings be, and they hereby are, changed to indicate the correct style of this case. (arou)
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| 26 |
Filed: 11/19/1997, Entered: 11/19/1997 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry, Pamela Perry in opposition to [16-1] motion by state defendants' to Dismiss, received (arou)
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| -- |
Filed: 11/18/1997, Entered: 11/24/1997 |
Pretrial Conference - Initial |
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Initial pretrial conference held (arou)
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| 25 |
Filed: 11/7/1997, Entered: 11/12/1997 |
Motion for Extension |
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MOTION by Pamela Perry, Grady Perry to Extend Time to file response to defendants' motion to dismiss (arou)
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| 24 |
Filed: 11/6/1997, Entered: 11/6/1997 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry, Pamela Perry in opposition to [13-1] motion by Brenda Herron, Kevin Childs, Norfolk, City of to Dismiss Count VII, received (arou)
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| 23 |
Filed: 11/6/1997, Entered: 11/6/1997 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry, Pamela Perry in opposition to [11-1] motion by Suzanne Puryear, George Musgrove, James B. Oliver Jr., Norfolk, City of to Dismiss Counts V and VI, received (arou)
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| 21 |
Filed: 11/6/1997, Entered: 11/6/1997 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry, Pamela Perry in opposition to [7-1] motion by Norfolk, City of to Dismiss, received (arou)
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| 20 |
Filed: 11/6/1997, Entered: 11/6/1997 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry, Pamela Perry in opposition to [5-1] motion by defendants to Dismiss, received (arou)
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| -- |
Filed: 11/6/1997, Entered: 11/6/1997 |
Suspense Deadline |
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**Suspense 11/12/97 (reply briefs due from defendants) (arou)
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| 22 |
Filed: 11/3/1997, Entered: 11/6/1997 |
Memorandum in Opposition |
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MEMORANDUM by Grady Perry, Pamela Perry in opposition to [9-1] motion by Brenda Herron, Kevin Childs, Suzanne Puryear, George Musgrove to Dismiss Count IV, received (arou)
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| 19 |
Filed: 10/27/1997, Entered: 10/28/1997 |
Memorandum in Support |
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MEMORANDUM by Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr. in support of [18-1] motion by state defendants' for Protective Order, recedived (arou)
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| 18 |
Filed: 10/27/1997, Entered: 10/28/1997 |
Motion for Protective Order |
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MOTION by state defendants' for Protective Order staying discovery (arou)
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| 17 |
Filed: 10/27/1997, Entered: 10/28/1997 |
Memorandum in Support |
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MEMORANDUM by Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr. in support of [16-1] motion by state defendants' to Dismiss, received (arou)
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| 16 |
Filed: 10/27/1997, Entered: 10/28/1997 |
Motion to Dismiss |
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MOTION by state defendants' to Dismiss (arou)
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| -- |
Filed: 10/27/1997, Entered: 10/28/1997 |
Suspense Deadline |
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**Suspense 11/10/97 (briefs in opposition to state defendants' mt to dismiss and for protective order with briefs in support) (arou)
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| -- |
Filed: 10/24/1997, Entered: 10/27/1997 |
Pretrial Conference - Initial |
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Initial pretrial conference set at 2:30 on 11/18/97 (arou)
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| 15 |
Filed: 10/23/1997, Entered: 10/23/1997, Terminated: 7/27/1998 |
Answer |
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ANSWER to Complaint by Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr. (Attorney Richard Cullen, William Henry Hurd, Siran S. Faulders, Daniel James Poynor, Cheryl Anne Wilkerson), (Received in Richmond Division 10/21/97) (arou)
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| -- |
Filed: 10/23/1997, Entered: 10/23/1997 |
Docket Annotation |
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Referred for initial pretrial conference (arou)
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| 14 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of, Kevin Childs, Brenda Herron in support of [13-1] motion by Brenda Herron, Kevin Childs, Norfolk, City of to Dismiss Count VII, received (arou)
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| 13 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Motion to Dismiss |
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MOTION by Brenda Herron, Kevin Childs, Norfolk, City of to Dismiss Count VII (arou)
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| 12 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear in support of [11-1] motion by Suzanne Puryear, George Musgrove, James B. Oliver Jr., Norfolk, City of to Dismiss Counts V and VI, received (arou)
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| 11 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Motion to Dismiss |
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MOTION by Suzanne Puryear, George Musgrove, James B. Oliver Jr., Norfolk, City of to Dismiss Counts V and VI (arou)
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| 10 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Memorandum in Support |
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MEMORANDUM by George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron in support of [9-1] motion by Brenda Herron, Kevin Childs, Suzanne Puryear, George Musgrove to Dismiss Count IV, received (arou)
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| 9 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Motion to Dismiss |
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MOTION by Brenda Herron, Kevin Childs, Suzanne Puryear, George Musgrove to Dismiss Count IV (arou)
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| 8 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of in support of [7-1] motion by Norfolk, City of to Dismiss, received (arou)
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| 7 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Motion to Dismiss |
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MOTION by Norfolk, City of to Dismiss on the basis of Governmental Immunity (arou)
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| 6 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Memorandum in Support |
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MEMORANDUM by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron in support of [5-1] motion by defendants to Dismiss, received (arou)
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| 5 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Motion to Dismiss |
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MOTION by defendants to Dismiss claims of Pamela Perry (arou)
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| 4 |
Filed: 10/20/1997, Entered: 10/21/1997 |
Answer |
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ANSWER to Complaint by Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herron (Attorney Jacob Paul Stroman IV),; jury demand (arou)
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| -- |
Filed: 10/20/1997, Entered: 10/21/1997 |
Suspense Deadline |
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**Suspense 11/6/97 (Briefs in Opposition to Motions to Dismiss) (arou)
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| 3 |
Filed: 10/2/1997, Entered: 10/3/1997 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr., George Musgrove 10/1/97 Answer due on 10/21/97 for George Musgrove, for Robert C. Spadaccini Sr., for Rita Thompson, for Shirley C. Rogers, for Frank Medico, for Holly D. Korte, for Franklin R. Joseph, for Phillip W. Jones, for Brian E. Campbell, for Corliss V. Booker, for Clarence H. Carter (arou)
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| 2 |
Filed: 10/2/1997, Entered: 10/2/1997 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Norfolk, City of, James B. Oliver Jr., Suzanne Puryear, Kevin Childs, Brenda Herron 9/29/97 Answer due on 10/20/97 for Brenda Herron, for Kevin Childs, for Suzanne Puryear, for James B. Oliver Jr., for Norfolk, City of (arou)
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| -- |
Filed: 9/25/1997, Entered: 9/25/1997 |
Summons Issued |
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SUMMONSES (8) with 1 certified copy each issued and delivered to counsel for Clarence H. Carter, Corliss V. Booker, Brian E. Campbell, Phillip W. Jones, Franklin R. Joseph, Holly D. Korte, Frank Medico, Shirley C. Rogers, Rita Thompson, Robert C. Spadaccini Sr., Norfolk, City of, James B. Oliver Jr., George Musgrove, Suzanne Puryear, Kevin Childs, Brenda Herroni, mag notice (arou)
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| 1 |
Filed: 9/22/1997, Entered: 9/23/1997 |
Complaint |
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COMPLAINT, Filing Fee $ 150.00 Receipt # 15007; jury demand (arou)
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