Benshoff, et al v. Virginia Beach, City

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:97-cv-00975-RGD
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Parties
No Logo Alan G. Taylor, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kurt Thomas Rumsfeld +1 202 833 8855 +1 202 452 1090

Represented by Woodley & McGillivary

Name Phone Fax E-Mail
Space Gregory Keith McGillivary +1 202 833 8855 +1 202 452 1090 gkm@wmlaborlaw.com
Space Thomas A. Woodley +1 202 833 8855 +1 202 452 1090 taw@wmlaborlaw.com
No Logo Alan Paul Walters, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kurt Thomas Rumsfeld +1 202 833 8855 +1 202 452 1090

Represented by Woodley & McGillivary

Name Phone Fax E-Mail
Space Gregory Keith McGillivary +1 202 833 8855 +1 202 452 1090 gkm@wmlaborlaw.com
Space Thomas A. Woodley +1 202 833 8855 +1 202 452 1090 taw@wmlaborlaw.com
No Logo George Marshall, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kurt Thomas Rumsfeld +1 202 833 8855 +1 202 452 1090

Represented by Woodley & McGillivary

Name Phone Fax E-Mail
Space Gregory Keith McGillivary +1 202 833 8855 +1 202 452 1090 gkm@wmlaborlaw.com
Space Thomas A. Woodley +1 202 833 8855 +1 202 452 1090 taw@wmlaborlaw.com
No Logo Gregg Alan Benshoff, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kurt Thomas Rumsfeld +1 202 833 8855 +1 202 452 1090

Represented by Woodley & McGillivary

Name Phone Fax E-Mail
Space Gregory Keith McGillivary +1 202 833 8855 +1 202 452 1090 gkm@wmlaborlaw.com
Space Thomas A. Woodley +1 202 833 8855 +1 202 452 1090 taw@wmlaborlaw.com
No Logo Jeffrey L. Floyd, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kurt Thomas Rumsfeld +1 202 833 8855 +1 202 452 1090

Represented by Woodley & McGillivary

Name Phone Fax E-Mail
Space Gregory Keith McGillivary +1 202 833 8855 +1 202 452 1090 gkm@wmlaborlaw.com
Space Thomas A. Woodley +1 202 833 8855 +1 202 452 1090 taw@wmlaborlaw.com
No Logo Paul Robert Criswell, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kurt Thomas Rumsfeld +1 202 833 8855 +1 202 452 1090

Represented by Woodley & McGillivary

Name Phone Fax E-Mail
Space Gregory Keith McGillivary +1 202 833 8855 +1 202 452 1090 gkm@wmlaborlaw.com
Space Thomas A. Woodley +1 202 833 8855 +1 202 452 1090 taw@wmlaborlaw.com
No Logo Zeno Nichols, Jr., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kurt Thomas Rumsfeld +1 202 833 8855 +1 202 452 1090

Represented by Woodley & McGillivary

Name Phone Fax E-Mail
Space Gregory Keith McGillivary +1 202 833 8855 +1 202 452 1090 gkm@wmlaborlaw.com
Space Thomas A. Woodley +1 202 833 8855 +1 202 452 1090 taw@wmlaborlaw.com
v.
No Logo City Of Virginia Beach, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Jon Barry +1 757 624 3000 +1 757 624 3169

Represented by Kaufman & Canoles, PC

Name Phone Fax E-Mail
Space Stanley G. Barr, Jr. +1 757 624 3000 sgbarr@kaufcan.com
Space Scott William Kezman +1 757 624 3000 swkezman@kaufcan.com

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Richard Jay Beaver +1 757 427 4531
Space Randall Mahlon Blow +1 757 427 4531

Represented by Sykes Bourdon Ahern & Levy, PC

Name Phone Fax E-Mail
Space Lawrence Steven Emmert +1 757 499 8971 emmert@virginia-appeals.com
Attributes
Office Norfolk
Filed 10/14/1997
Jury Demand Plaintiff
Demand $0
Nature of Suit 710 - Labor: Fair Labor Standards Act
Cause Section 28 U.S.C. § 2201 Declaratory Judgment
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Southhampton
Terminated 6/10/1998
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 98-1965[]
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 -- Filed: 9/21/1999, Entered: 9/21/1999 Costs Taxed
Costs taxed in the amount of $ 5,515.90 for Virginia Beach, City, and included in the judgment, by Clerk. O.B. Copies mailed to counsel 9/21/99. (ariv)
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Blank 33 Filed: 7/8/1999, Entered: 7/8/1999 USCA Order
Copy of USCA Order awarding the appellee costs in the amount of $2,263.96, filed. (clerk)
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Blank 32 Filed: 7/1/1999, Entered: 7/1/1999 USCA Judgment
JUDGMENT OF USCA affirming the judgment of the District Court (certified copy) Re: [26-1] appeal by Gregg Alan Benshoff, filed. ob. (clerk)
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Blank 31 Filed: 7/1/1999, Entered: 7/1/1999 USCA Mandate
Opinion of USCA re: [26-1] appeal by Gregg Alan Benshoff (clerk)
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Blank 30 Filed: 6/24/1999, Entered: 6/30/1999 Bill of Costs
Bill of costs in the amount of $5,515.90 filed by Virginia Beach, City (clerk)
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Blank 29 Filed: 6/9/1999, Entered: 6/9/1999 USCA Mandate
Advanced copy of Opinion of USCA re: [26-1] appeal by Gregg Alan Benshoff (clerk)
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Blank -- Filed: 8/10/1998, Entered: 8/10/1998 Certificate of Completion
Certification of completion sent to USCA re: [26-1] appeal by Gregg Alan Benshoff (clerk)
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Blank 28 Filed: 8/4/1998, Entered: 8/6/1998 Transcript
TRANSCRIPT OF PROCEEDINGS on motion for summary judgment hearing for dates of 5/6/98 (arou)
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Blank -- Filed: 7/8/1998, Entered: 7/9/1998 USCA Case Number
USCA Case Number Re: [26-1] appeal by Gregg Alan Benshoff CASE MANAGER: Sandra Crumpton USCA NUMBER: 98-1965 (clerk)
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Blank 27 Filed: 7/6/1998, Entered: 7/13/1998 Appeal Transcript Request
Copy of Transcript Purchase Order for Court hearing on parties' motions for summary judgment on May 6, l998 re: [26-1] appeal by Gregg Alan Benshoff (clerk)
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Blank -- Filed: 7/1/1998, Entered: 7/1/1998, Terminated: 7/1/1999 Transmission of Notice of Appeal to 4CCA
Certified Copy of Notice of Appeal, Judgment, Order and Opinion and docket sheet to USCA with an Original and 1 copy of transmittal; Copy of Notice of Appeal, docketing statement, transcript order form, receipt and docket sheet to Appellant; Copy of Notice of Appeal to Appellees re: [26-1] appeal by Gregg Alan Benshoff (clerk)
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Blank 26 Filed: 6/30/1998, Entered: 7/1/1998 Notice of Appeal
NOTICE OF APPEAL by Gregg Alan Benshoff. FILING FEE: $105.00, RECEIPT #17548 re: [25-1] judgment order, [24-1] order and opinion (clerk)
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Blank 25 Filed: 6/10/1998, Entered: 6/12/1998 Judgment*
JUDGMENT that defendant's motion for summary judgment is GRANTED and plaintiff's motion for partial summary judgment is DENIED; entered by the Clerk 6/10/98; filed 6/10/98 (OB) Copies Mailed: 6/10/98 (clerk)
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Blank 24 Filed: 6/10/1998, Entered: 6/12/1998 OrderCourt Filing
ORDER dismissing Count I and Count II of the Complaint against the City; granting [13-1] motion by Virginia Beach, City for Summary Judgment, denying [11-1] motion by plaintiffs for Partial Summary Judgment; entered and filed 6/10/98 ( signed by Judge Robert G. ) Copies Mailed: 6/10/98 (clerk)
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Blank -- Filed: 6/10/1998, Entered: 6/12/1998 Disposable Record
Disposable Record (clerk)
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Blank -- Filed: 6/10/1998, Entered: 6/12/1998 Terminated Case
Case closed (clerk)
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Blank -- Filed: 6/10/1998, Entered: 6/12/1998 Case Assigned/Reassigned
CASE assigned to Judge Robert G. Doumar (clerk)
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Blank 23 Filed: 5/15/1998, Entered: 5/15/1998 Memorandum in Support
SUPPLEMENTAL MEMORANDUM by Virginia Beach, City in support of [13-1] motion by Virginia Beach, City for Summary Judgment received. (clerk)
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Blank 22 Filed: 5/12/1998, Entered: 5/12/1998 Memorandum in SupportCourt Filing
POST-HEARING MEMORANDUM by Gregg Alan Benshoff, Zeno Nichols Jr., Paul Robert Criswell, Jeffrey L. Floyd, George Marshall, Alan G. Taylor, Alan Paul Walters in support of [11-1] motion by plaintiffs for Partial Summary Judgment received. (Pursuant to Judge Doumar's direction.) (clerk)
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Blank 21 Filed: 5/6/1998, Entered: 5/6/1998 Minutes-Miscellaneous
Minute entry: HEARING PROCEEDINGS: RGD, j.; Sue Ash, OCR; appearances by counsel; came on for hearing on cross motions for sum/judg; arguments heard; rebuttal heard; counsel directed to file all depositions with the court, provide designations and charters by 12:00 noon 5/15/98; count takes matter under advisement and will issue an opinion; court cancelled the FPTC and the jury trial at this time (jtho)
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Blank -- Filed: 5/6/1998, Entered: 5/6/1998 Motion Hearing
Motion hearing held re: [13-1] motion by Virginia Beach, City for Summary Judgment by Virginia Beach, City, [11-1] motion by plaintiffs for Partial Summary Judgment by plaintiffssssss (jtho)
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Blank 20 Filed: 5/1/1998, Entered: 5/4/1998 Reply to Response to Motion
REPLY by Virginia Beach, City to response to [13-1] motion by Virginia Beach, City for Summary Judgment received. (clerk)
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Blank 19 Filed: 5/1/1998, Entered: 5/1/1998 Reply to Response to Motion
REPLY by Gregg Alan Benshoff, Zeno Nichols Jr., Paul Robert Criswell, Jeffrey L. Floyd, George Marshall, Alan G. Taylor, Alan Paul Walters, Virginia Beach, City to response to [11-1] motion by plaintiffs for Partial Summary Judgment received. (clerk)
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Blank 18 Filed: 4/30/1998, Entered: 5/1/1998 Memorandum in Opposition
MEMORANDUM by Virginia Beach, City in opposition to [11-1] motion by plaintiffs for Partial Summary Judgment by plaintiffs received. (clerk)
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Blank 17 Filed: 4/30/1998, Entered: 5/1/1998 OrderCourt Filing
ORDER that Stanley G. Barr, Jr., Robert J. Barry, and the law firm of Kaufman & Canoles, P.C. are permitted to serve as co-counsel for the defendant; agreed; entered 4/29/98; filed 4/30/98 ( signed by Judge Raymond A. Jackson ) Copies Mailed: 4/30/98 (clerk)
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Blank 16 Filed: 4/24/1998, Entered: 4/24/1998 Affidavit
AFFIDAVIT of Paul Criswell in support of [16-1] opposition memorandum by plaintiffs (clerk)
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Blank 16 Filed: 4/24/1998, Entered: 4/24/1998 Memorandum in Opposition
MEMORANDUM by Gregg Alan Benshoff, Zeno Nichols Jr., Paul Robert Criswell, Jeffrey L. Floyd, George Marshall, Alan G. Taylor, Alan Paul Walters in opposition to [13-1] motion by Virginia Beach, City for Summary Judgment received. City (clerk)
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Blank -- Filed: 4/21/1998, Entered: 4/22/1998 Motion Hearing
Motion hearing re: [13-1] motion by Virginia Beach, City for Summary Judgment set at 10:00 a.m. on 5/6/98 (clerk)
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Blank 15 Filed: 4/20/1998, Entered: 4/20/1998 Memorandum in Support
MEMORANDUM by Gregg Alan Benshoff, Zeno Nichols Jr., Paul Robert Criswell, Jeffrey L. Floyd, George Marshall, Alan G. Taylor, Alan Paul Walters in support of [11-1] motion by plaintiffs for Partial Summary Judgment received. (clerk)
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Blank 14 Filed: 4/10/1998, Entered: 4/13/1998 Affidavit
AFFIDAVIT of James Kellam Re: [14-1] support memorandum by Virginia Beach, City (arou)
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Blank 14 Filed: 4/10/1998, Entered: 4/13/1998 Memorandum in Support
MEMORANDUM by Virginia Beach, City in support of [13-1] motion by Virginia Beach, City for Summary Judgment, received (arou)
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Blank 13 Filed: 4/10/1998, Entered: 4/13/1998, Terminated: 6/10/1998 Motion for Summary Judgment
MOTION by Virginia Beach, City for Summary Judgment (arou)
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Blank 12 Filed: 4/10/1998, Entered: 4/13/1998 OrderCourt Filing
ORDER denying [10-1] motion by plaintiffs for Leave to Submit Brief in Excess of Thirty Pages, entered and filed 4/10/98 ( signed by Judge Raymond A. Jackson ) Copies Mailed: 4/10/98 (arou)
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Blank 11 Filed: 4/7/1998, Entered: 4/7/1998, Terminated: 6/10/1998 Motion for Summary Judgment
MOTION by plaintiffs for Partial Summary Judgment (Memorandum submitted with motion which is not being recorded at this time as it is in excess of 30 pages) (clerk)
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Blank 10 Filed: 4/7/1998, Entered: 4/7/1998, Terminated: 4/10/1998 Motion for Miscellaneous Relief
MOTION by plaintiffs for Leave to Submit Brief in Excess of Thirty Pages (clerk)
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Blank 9 Filed: 3/11/1998, Entered: 3/11/1998 Affidavit
AFFIDAVIT of Kurt T. Rumsfeld in support of [9-1] motion by plaintiffs for Kurt T. Rumsfeld to Appear Pro Hac Vice (clerk)
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Blank 9 Filed: 3/11/1998, Entered: 3/11/1998, Terminated: 6/10/1998 Motion for Pro Hac Vice
MOTION by plaintiffs for Kurt T. Rumsfeld to Appear Pro Hac Vice (clerk)
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Blank 8 Filed: 12/10/1997, Entered: 12/10/1997 OrderCourt Filing
ORDER granting [7-1] motion by Gregg Alan Benshoff for Thomas A. Woodley to Appear Pro Hac Vice; entered 12/9/97; filed 12/10/97 ( signed by Judge Raymond A. Jackson ) Copies Mailed: 12/10/97 (clerk)
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Blank 7 Filed: 12/8/1997, Entered: 12/9/1997, Terminated: 12/10/1997 Affidavit
AFFIDAVIT of Thomas A. Woodley in support of [7-1] motion by Gregg Alan Benshoff for Thomas A. Woodley to Appear Pro Hac Vice (clerk)
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Blank 7 Filed: 12/8/1997, Entered: 12/9/1997, Terminated: 12/10/1997 Motion for Pro Hac Vice
MOTION by Gregg Alan Benshoff for Thomas A. Woodley to Appear Pro Hac Vice (clerk)
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Blank 6 Filed: 12/5/1997, Entered: 12/8/1997 OrderCourt Filing
Order on Initial Pretrial Conference setting Jury Trial 10:00 a.m. on 6/2/98; proposed voir dire and written jury instructions to be received by the Clerk by 5/26/98; Final Pretrial conference for 11:30 a.m. on 5/8/98; all de bene esse depositions to be concluded by 4/10/98; plaintiff's discovery to be completed by 2/27/98; defendants' discovery to be completed by 3/27/98; setting deadlines for disclosure of expert testimony and motions for summary judgment; any party who desires to be made an additional plaintiff in this action pursuant to the provisions of the Fair Labor Standards Act shall file with the court and serve upon the defendant, by 1/29/98, a written consent to become a party plaintiff herein; directing that the name of the defendant, City of Virginia Beach, Virginia, be changed to indicate the correct name of the defendant, City of Virginia Beach; entered and filed 12/5/97 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 12/5/97 (clerk)
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Blank -- Filed: 12/4/1997, Entered: 12/8/1997 Pretrial Conference - Initial
Initial pretrial conference held (clerk)
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Blank 5 Filed: 11/25/1997, Entered: 11/26/1997 Objection
OBJECTION by plaintiff Gregg Alan Benshoff to defendant's discovery (clerk)
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Blank -- Filed: 11/18/1997, Entered: 11/18/1997 Pretrial Conference - Initial
Initial pretrial conference set at 2:30 p.m. on 12/4/97 (clerk)
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Blank -- Filed: 11/18/1997, Entered: 11/18/1997 Miscellaneous Document
Referred for Initial Pretrial Conference (clerk)
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Blank 4 Filed: 11/17/1997, Entered: 11/18/1997 Summons Returned Executed
SUMMONS Returned Executed as to Virginia Beach, City 10/22/97 Answer due on 11/14/97 for Virginia Beach, City (clerk) Modified on 11/18/1997
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Blank -- Filed: 11/12/1997, Entered: 11/12/1997 Suspense Deadline
**Suspense 11/19/97 (for return of service) (clerk)
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Blank 3 Filed: 11/10/1997, Entered: 11/18/1997 Answer
ANSWER to Complaint by Virginia Beach, City (Attorney Richard Jay Beaver, Randall Mahlon Blow, Lawrence Steven Emmert) (clerk) Modified on 11/18/1997
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Blank -- Filed: 11/10/1997, Entered: 11/12/1997 Docket Annotation
Answer by the City of Virginia Beach, Virginia received (need return of service to determine if timely) (clerk)
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Blank 2 Filed: 11/7/1997, Entered: 11/10/1997 Objection
OBJECTION by defendant Virginia Beach, City to plaintiffs' discovery (clerk)
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Blank -- Filed: 11/3/1997, Entered: 11/3/1997 Suspense Deadline
**Suspense 12/3/97 (clerk)
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Blank -- Filed: 10/15/1997, Entered: 10/15/1997 Summons Issued
SUMMONS, with one copy, issued for Virginia Beach, City and mailed to counsel. Mag. notice. (clerk)
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Blank 1 Filed: 10/14/1997, Entered: 10/14/1997 Complaint
COMPLAINT Filing Fee $ 150.00; Receipt # 15181; jury demand (clerk)
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