Rogers v. Virginia Beach, City

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:97-cv-01073-HCM
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Parties
No Logo Griffin Rogers, 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, Virginia, Defendant

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 11/12/1997
Jury Demand Plaintiff
Demand $0
Nature of Suit 710 - Labor: Fair Labor Standards Act
Cause Section 29 U.S.C. § 201 Denial of Overtime Compensation
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Virginia Beach City
Terminated 10/13/1999
Origin 3
Reopened 8/19/1999
Lead Case None
Related Case
Other Court Case 98-2253[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (60) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 27 Filed: 10/13/1999, Entered: 10/13/1999 Stipulation
STIPULATION of dismissal of this action with prejudice, o.b.(jcow) Modified on 10/13/1999
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Blank -- Filed: 10/13/1999, Entered: 10/13/1999 Disposable Record
Disposable Record (jcow)
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Blank -- Filed: 10/13/1999, Entered: 10/13/1999 Terminated Case
Case closed (jcow)
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Blank -- Filed: 10/13/1999, Entered: 10/13/1999 Add and Terminate Judges
CASE NO LONGER REFERRED TO U.S. MAGISTRATE JUDGE W.T. PRINCE (jcow)
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Blank 26 Filed: 8/19/1999, Entered: 8/23/1999 USCA Judgment
JUDGMENT OF USCA vacating and remanding the judgment of the District Court (certified copy) Re: [22-1] appeal by Griffin Rogers, filed. ob. (clerk)
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Blank 25 Filed: 8/19/1999, Entered: 8/23/1999 USCA Mandate
Opinion of USCA re: [22-1] appeal by Griffin Rogers (clerk)
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Blank -- Filed: 8/19/1999, Entered: 8/23/1999 Case Reopened
Case reopened (jcow)
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Blank 24 Filed: 8/11/1999, Entered: 8/11/1999 USCA Order
Copy of USCA Order denying the petition for rehearing. (clerk)
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Blank 23 Filed: 7/16/1999, Entered: 7/16/1999 USCA Mandate
Advanced copy of Opinion of USCA re: [22-1] appeal by Griffin Rogers (clerk)
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Blank -- Filed: 9/8/1998, Entered: 9/8/1998 Certificate of Completion
Certification of completion sent to USCA re: [22-1] appeal by Griffin Rogers (clerk)
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Blank -- Filed: 8/31/1998, Entered: 9/1/1998 USCA Case Number
USCA Case Number Re: [22-1] appeal by Griffin Rogers CASE MANAGER: Shirley Beasley USCA NUMBER: 98-2253 (clerk)
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Blank -- Filed: 8/24/1998, Entered: 8/24/1998, Terminated: 8/19/1999 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Judgment, Opinion and Order and docket sheet to USCA: copy of notice of appeal and docketing statement to plaintiff, copy of notice of appeal to counsel, [22-1] appeal by Griffin Rogers (clerk)
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Blank 22 Filed: 8/20/1998, Entered: 8/24/1998 Notice of Appeal
NOTICE OF APPEAL OF [20-1] order, [21-1] judgment order by Griffin Rogers. FILING FEE $ 105.00 RECEIPT # 18055 (clerk)
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Blank 21 Filed: 7/28/1998, Entered: 7/29/1998 Judgment*
JUDGMENT on decision by the court that the defendant is to pay attorneys' fees of $6,580 for Mr. Woodley's services and $775.00 for Mr. Rumseld's services, for a total of $7,355.00. In addition, the Court ORDERS the City to pay reasonable costs of $640.04, costs incurred prior to 2/14/98. This amount includes a $150.00 filing fee, a $143.00 process server fee, and $347.04 in miscellaneous costs, entered and filed by the Clerk 7/28/98; ob; Copies Mailed: 7/28/98 (arou)
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Blank 20 Filed: 7/28/1998, Entered: 7/29/1998 OrderCourt Filing
ORDER that the Court FINDS that all attorney's fees and costs incurred prior to 2/14/98, when the offer for judgment was submitted by the City's counsel, are reasonable; that plaintiff was unreasonable in pursuing relief in any type of declatory judgment, the Court futher FINDS that the City is not liable for attorney's fees and costs incurred after 2/14/98; the City is ORDERED to pay attorneys' fees of $6,580 for Mr. Woodley's services and $775.00 for Mr. Rumsfeld's services, for a total of $7,355.00. In addition, the Court ORDERS the city to pay reasonable costs of $640.00, costs incurred prior to 2/14/98. This amount includes $150.00 filing fee, a $143.00 process server fee, and $347.04 in miscellaneous costs, entered and filed 7/28/98 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 7/28/98 (arou)
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Blank -- Filed: 7/28/1998, Entered: 7/29/1998 Case Assigned/Reassigned
CASE assigned to Judge Henry C. Morgan Jr. (arou)
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Blank -- Filed: 7/28/1998, Entered: 7/29/1998 Disposable Record
Disposable Record (arou)
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Blank -- Filed: 7/28/1998, Entered: 7/29/1998 Terminated Case
Case closed (arou)
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Blank 19 Filed: 7/23/1998, Entered: 7/23/1998 Affidavit
SECOND DECLARATION by Thomas A. Woodley on behalf of plaintiff (arou)
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Blank 18 Filed: 6/26/1998, Entered: 7/7/1998 Reply to Response to Motion
REPLY by Griffin Rogers to response to [16-1] motion by Griffin Rogers for Attorney Fees and costs, received (arou)
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Blank -- Filed: 6/24/1998, Entered: 6/24/1998 Suspense Deadline
**Suspense 6/30/98 (reply brief due) (arou)
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Blank 17 Filed: 6/23/1998, Entered: 6/24/1998 Memorandum in Opposition
MEMORANDUM by Virginia Beach, City in opposition to [16-1] motion by Griffin Rogers for Attorney Fees and costs, received (arou)
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Blank 16 Filed: 6/16/1998, Entered: 6/16/1998 Affidavit
DECLARATION of James J. Vergara, Jr., submitted by Griffin Rogers in support of and attached to [16-1] motion by Griffin Rogers for Attorney Fees and costs (mwin)
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Blank 16 Filed: 6/16/1998, Entered: 6/16/1998 Affidavit
DECLARATION of Thomas A. Woodley, for Griffin Rogers in support of and attached to [16-1] motion by Griffin Rogers for Attorney Fees and costs by Griffin Rogers (mwin)
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Blank 16 Filed: 6/16/1998, Entered: 6/16/1998, Terminated: 7/28/1998 Motion for Attorney Fees
MOTION with Memorandum in Support by Griffin Rogers for Attorney Fees and costs (mwin)
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Blank -- Filed: 6/16/1998, Entered: 6/16/1998 Suspense Deadline
**Suspense 6/23/98 for response to atty. fee mo., per 5/22/98 judgment order (mwin)
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Blank -- Filed: 6/10/1998, Entered: 6/10/1998 Suspense Deadline
**Suspense 6/16/98 (plaintiff's petition for award of attorneys fees and costs due) (arou)
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Blank 15 Filed: 5/22/1998, Entered: 5/26/1998 OrderCourt Filing
Final Order on Pretrial Conference, entered 5/22/98 in the presence of counsel; filed 5/22/98 ( signed by Magistrate Judge William T. Prince ) (arou)
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Blank 14 Filed: 5/22/1998, Entered: 5/26/1998 OrderCourt Filing
JUDGMENT ORDER that the plaintiff be awarded liquidated damages in the amount of $319.35, of overtime pay, and reasonable attorneys fees and costs; the parties shall have 15 days to agree on award of attorneys fees and costs. If such agreement is reached, counsel shall submit a dismissal order to the Court. If such an agreement is not reached, the plaintiff shall file a petition for an award of attorneys fees and costs by 6/16/98, and the defendant shall file its response by 6/23/98. Any reply by the plaintiff shall be filed by 6/30/98; entered and filed 5/22/98 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 5/22/98 (arou)
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Blank -- Filed: 5/22/1998, Entered: 5/26/1998 Suspense Deadline
**Suspense 6/8/98 (Agreement reached on award of attorneys fees and costs?) (arou)
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Blank 13 Filed: 5/21/1998, Entered: 5/21/1998 OrderCourt Filing
ORDER denying [9-1] cross motion by Virginia Beach, City for Summary Judgment, denying [7-1] motion by Griffin Rogers for Summary Judgment, entered and filed 5/21/98 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 5/21/98 (arou)
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Blank 12 Filed: 5/18/1998, Entered: 5/18/1998 OrderCourt Filing
ORDER directing the parties to appear before William Prince, USMJ at 2:00 p.m. on 5/22/98 for a settlement conference; further ordering that each party be represented by counsel authorized to enter into a binding settlement on the party's behalf, entered and filed 5/18/98 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 5/18/98 (arou)
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Blank -- Filed: 5/18/1998, Entered: 5/18/1998 Suspense Deadline
**Suspense 2:00 5/22/98 (Settlement Conference) (arou)
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Blank 11 Filed: 5/11/1998, Entered: 5/11/1998 Affidavit
AFFIDAVIT of Thomas A. Woodley in support of Re: [11-1] opposition memorandum by Griffin Rogers (arou)
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Blank 11 Filed: 5/11/1998, Entered: 5/11/1998 Affidavit
AFFIDAVIT of Dean DaSilva in support of Re:[1-1] opposition memorandum by Griffin Rogers (arou)
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Blank 11 Filed: 5/11/1998, Entered: 5/11/1998 Affidavit
SECOND AFFIDAVIT of Griffin Rogers Re: [11-1] opposition memorandum by Griffin Rogers (arou)
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Blank 11 Filed: 5/11/1998, Entered: 5/11/1998 Memorandum in Opposition
MEMORANDUM by Griffin Rogers in opposition to [9-1] cross motion by Virginia Beach, City for Summary Judgment, received (arou)
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Blank 10 Filed: 4/29/1998, Entered: 4/30/1998 Affidavit
AFFIDAVIT of James W. Carter Re: [10-1] opposition memorandum by Virginia Beach, City, [10-1] support memorandum by Virginia Beach, City (arou)
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Blank 10 Filed: 4/29/1998, Entered: 4/30/1998 Affidavit
AFFIDAVIT of Donna P. Brehm Re: [10-1] opposition memorandum by Virginia Beach, City, [10-1] support memorandum by Virginia Beach, City (arou)
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Blank 10 Filed: 4/29/1998, Entered: 4/30/1998 Memorandum in Opposition
MEMORANDUM by Virginia Beach, City in opposition to [7-1] motion by Griffin Rogers for Summary Judgment, received (arou)
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Blank 10 Filed: 4/29/1998, Entered: 4/30/1998 Memorandum in Support
MEMORANDUM by Virginia Beach, City in support of [9-1] cross motion by Virginia Beach, City for Summary Judgment, received (arou)
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Blank 9 Filed: 4/29/1998, Entered: 4/30/1998, Terminated: 5/21/1998 Motion for Summary Judgment
CROSS MOTION by Virginia Beach, City for Summary Judgment (arou)
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Blank 8 Filed: 4/21/1998, Entered: 4/22/1998 Affidavit
AFFIDAVIT of Griffin Rogers Re: [7-1] motion by Griffin Rogers for Summary Judgment (arou)
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Blank 8 Filed: 4/21/1998, Entered: 4/22/1998 Memorandum in Support
MEMORANDUM by Griffin Rogers in support of [7-1] motion by Griffin Rogers for Summary Judgment, received (arou)
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Blank 7 Filed: 4/21/1998, Entered: 4/22/1998 Motion for Summary Judgment
MOTION by Griffin Rogers for Summary Judgment (arou)
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Blank -- Filed: 4/21/1998, Entered: 4/22/1998 Suspense Deadline
**Suspense 5/5/98 (Brief in opposition due) (arou)
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Blank 6 Filed: 1/9/1998, Entered: 1/12/1998 Order
ORDER ON INITIAL PRETRIAL CONFERENCE scheduling trial for 6/16/98 at 10:00 a.m. at Norfolk; trial by jury has been demanded. Proposed voir dire and written jury instructions shall be received by the Clerk on or before 5/22/98 at 11:00 a.m.; de bene esse depositions shall be concluded on or before 5/1/98; discovery shall be completed by the plaintiff on or before 3/17/98; by defendant on or before 4/17/98; setting forth times and sequence for disclosure of expert testimony; entered 1/8/98; filed 1/9/98; WTP, USMJ; copies mailed 1/9/98 (arou)
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Blank -- Filed: 1/8/1998, Entered: 1/12/1998 Pretrial Conference - Initial
Initial pretrial conference held (arou)
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Blank 5 Filed: 12/29/1997, Entered: 12/30/1997 Affidavit
DECLARATION of Kurt T. Rumsfeld Re: [5-1] motion for admission pro hac vice by Griffin Rogers (arou)
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Blank 5 Filed: 12/29/1997, Entered: 12/30/1997 Motion for Miscellaneous Relief
MOTION for admission pro hac vice of Mr. Rumsfeld by Griffin Rogers (arou)
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Blank -- Filed: 12/22/1997, Entered: 12/22/1997 Pretrial Conference - Initial
Initial pretrial conference reset at 2:45 on 1/8/98 (arou)
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Blank -- Filed: 12/9/1997, Entered: 12/9/1997 Pretrial Conference - Initial
Initial pretrial conference set at 2:45 on 1/6/98 (arou)
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Blank 4 Filed: 12/8/1997, Entered: 12/8/1997 Affidavit
DECLARATION of Thomas A. Woodley by Griffin Rogers Re: [4-1] motion for admission pro hac vice (arou)
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Blank 4 Filed: 12/8/1997, Entered: 12/8/1997, Terminated: 7/15/1998 Motion for Miscellaneous Relief
MOTION for admission pro hac vice of Mr. Woodley by Griffin Rogers (arou)
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Blank 3 Filed: 12/8/1997, Entered: 12/8/1997, Terminated: 7/15/1998 Answer
ANSWER to Complaint by Virginia Beach, City (Attorney Richard Jay Beaver, Randall Mahlon Blow, Lawrence Steven Emmert), (arou)
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Blank -- Filed: 12/8/1997, Entered: 12/8/1997 Miscellaneous Document
Referred for Initial Pretrial Conference (arou)
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Blank 2 Filed: 12/4/1997, Entered: 12/5/1997 Summons Returned Executed
SUMMONS Returned Executed as to City of Virginia Beach 11/18/97; Answer due on 12/8/97 for City of Virginia Beach (afor)
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Blank -- Filed: 12/1/1997, Entered: 12/1/1997 Suspense Deadline
**Suspense 12/12/97 [status check on summons return] (arou)
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Blank 1 Filed: 11/12/1997, Entered: 11/12/1997 Complaint
COMPLAINT, Filing Fee $ 150.00 Receipt # 15454; jury demand (arou)
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Blank -- Filed: 11/12/1997, Entered: 11/12/1997 Summons Issued
SUMMONS with 1 copy issued for Virginia Beach, City and mailed to counsel, mag notice (arou)
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