ORDER Dismissing this action with prejudice , due to settlement of parties, agreed, entered and filed 10/29/98, ( signed by Judge Robert G. Doumar ) O.B. Copies Mailed: 10/29/98 (ariv)
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Filed: 10/29/1998, Entered: 10/30/1998
Disposable Record
Disposable Record (ariv)
--
Filed: 10/29/1998, Entered: 10/30/1998
Terminated Case
Case closed (ariv)
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Filed: 10/29/1998, Entered: 10/30/1998
Case Assigned/Reassigned
CASE assigned to Judge Robert G. Doumar (ariv)
34
Filed: 10/14/1998, Entered: 10/22/1998
Order
ORDER extending time until 10/22/98 for counsel to present agreed dismissal order, agreed, entered and filed 10/14/98, ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 10/14/98 (ariv)
33
Filed: 9/21/1998, Entered: 9/22/1998
Memorandum in Support
SUPPLEMENTAL MEMORANDUM by Virginia Beach in support of [18-2] motion For Dismissal of Counts III and IV of Complaint Under Rule 12(b)(1), received. (ariv)
32
Filed: 9/15/1998, Entered: 9/16/1998
Minutes-Miscellaneous
Minute entry: COURT PROCEEDINGS - RGD,j. Richard Zahn, Reporter. Counsel appeared. Matter came on motions for summary judgment. Argument of counsel heard. Matter continued until 3:00 p.m. today. - Later - Court and counsel appeared pursuant to adjournment this morning. Argument of counsel continued. Court takes matter under advisement. Court adjourned. (rlam)
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Filed: 9/15/1998, Entered: 9/16/1998
Motion Hearing
Motion hearing held re: [23-1] motion by Anthony Elder, Kenneth Dimitry for Summary Judgment by Anthony Elder, Kenneth Dimitry, [18-1] motion by Virginia Beach for Summary Judgment and Partial Summary Judgment Under Rule 56 by Virginia Beach (rlam)
31
Filed: 9/2/1998, Entered: 9/2/1998
Notice of Hearing.
NOTICE of Hearing, motion for summary judgment, by Kenneth E. Dimitry and Anthony J. Elder. (clerk)
30
Filed: 8/31/1998, Entered: 9/1/1998
Reply to Response to Motion
REPLY by Kenneth Dimitry, Anthony Elder to response to [23-1] motion by Anthony Elder, Kenneth Dimitry for Summary Judgment, received (arou)
29
Filed: 8/21/1998, Entered: 8/25/1998
Affidavit
AFFIDAVIT of Lt. Charles E. Morris in support of [29-1] opposition memorandum by Virginia Beach (ariv)
29
Filed: 8/21/1998, Entered: 8/25/1998
Affidavit
AFFIDAVIT of Lt. William Blevins in support of [29-1] opposition memorandum by Virginia Beach (ariv)
29
Filed: 8/21/1998, Entered: 8/25/1998
Affidavit
AFFIDAVIT of Lt. Thomas Baum in support of [29-1] opposition memorandum by Virginia Beach (ariv)
29
Filed: 8/21/1998, Entered: 8/25/1998
Memorandum in Opposition
MEMORANDUM by Virginia Beach in opposition to [23-1] motion by Anthony Elder, Kenneth Dimitry for Summary Judgment, received. (ariv)
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Filed: 8/19/1998, Entered: 8/21/1998
Motion Hearing
Motion hearing re: [23-1] motion by Anthony Elder, Kenneth Dimitry for Summary Judgment set at 11:00 9/15/98, [18-1] motion by Virginia Beach for Summary Judgment and Partial Summary Judgment Under Rule 56 set at 11:00 9/15/98 (ariv)
28
Filed: 8/14/1998, Entered: 8/17/1998
Memorandum in Opposition
MEMORANDUM by James Bailey, David Banks, Eric Beard, Richard Brereton, Brent Burnette, Jerry Cale, Christopher Carroll, William Crayle, Edgar Cruz, Joel Davis, Kenneth Dimitry, Terrence Dugan, Anthony Elder, Janet Elder, Michael Encarnacao, Michael Felts, Timothy Fogarty, Kenneth George, Chester Hamilton, Duane Hart, James Kaiser, Dennis Kinney, Craig Kirby, John Kozlowski, Mark Kuehn, Roger Miller, William Mirra, Johnnie Mitchell, Christopher Mras, Jonathan Oakes, Michael Sanderson, Dennis Santos, Herman Schojan, Peter Slovensky, Richard Spivey, David Squires, Keith Stewart, James Thomas, Neil Thompson, John Tosloskie, Audrey Turner, Mark Vidrine, Shannon Wichtendahl, Jeffery Wilkerson, George Winn, Linda Zabrecky, Matthew Adam Bracey, Kevin J. Perry in opposition to [25-1] motion by Virginia Beach to Bifurcate received. (clerk)
27
Filed: 8/11/1998, Entered: 8/14/1998
Affidavit
SECOND AFFIDAVIT of Regina Hilliard in support of [27-1] response reply by Virginia Beach (clerk)
27
Filed: 8/11/1998, Entered: 8/14/1998
Reply to Response to Motion
REPLY by Virginia Beach to response to [18-1] motion by Virginia Beach for Summary Judgment and Partial Summary Judgment Under Rule 56, [18-2] motion For Dismissal Under Rule 12(b)(1) received. (clerk)
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Filed: 8/10/1998, Entered: 8/10/1998
Motion Hearing
Motion hearing re: [23-1] motion by Anthony Elder, Kenneth Dimitry for Summary Judgment set at 2:00 9/10/98, [18-1] motion by Virginia Beach for Summary Judgment and Partial Summary Judgment Under Rule 56 set at 2:00 9/10/98 (ariv)
26
Filed: 8/3/1998, Entered: 8/4/1998
Memorandum in Support
MEMORANDUM by Virginia Beach in support of [25-1] motion by Virginia Beach to Bifurcate, received. (clerk)
25
Filed: 8/3/1998, Entered: 8/4/1998
Motion to Bifurcate
MOTION by Virginia Beach to Bifurcate the Trial of the Issues of Liability and Damages (clerk)
24
Filed: 7/31/1998, Entered: 8/3/1998
Memorandum in Support
MEMORANDUM by Kenneth Dimitry, Anthony Elder in support of [23-1] motion by Anthony Elder, Kenneth Dimitry for Summary Judgment, received. (clerk)
23
Filed: 7/31/1998, Entered: 8/3/1998
Motion for Summary Judgment
MOTION by Anthony Elder, Kenneth Dimitry for Summary Judgment (clerk)
22
Filed: 7/31/1998, Entered: 8/3/1998
Memorandum in Opposition
MEMORANDUM by James Bailey, David Banks, Eric Beard, Richard Brereton, Brent Burnette, Jerry Cale, Christopher Carroll, William Crayle, Edgar Cruz, Joel Davis, Kenneth Dimitry, Terrence Dugan, Anthony Elder, Janet Elder, Michael Encarnacao, Michael Felts, Timothy Fogarty, Kenneth George, Chester Hamilton, Duane Hart, James Kaiser, Dennis Kinney, Craig Kirby, John Kozlowski, Mark Kuehn, Roger Miller, William Mirra, Johnnie Mitchell, Christopher Mras, Jonathan Oakes, Michael Sanderson, Dennis Santos, Herman Schojan, Peter Slovensky, Richard Spivey, David Squires, Keith Stewart, James Thomas, Neil Thompson, John Tosloskie, Audrey Turner, Mark Vidrine, Shannon Wichtendahl, Jeffery Wilkerson, George Winn, Linda Zabrecky, Matthew Adam Bracey, Kevin J. Perry in opposition to [18-1] motion by Virginia Beach for Summary Judgment and Partial Summary Judgment Under Rule 56, received. (clerk)
21
Filed: 7/22/1998, Entered: 7/23/1998
Order
ORDER directing that the trial by jury be changed from 9/9/98 to 10/1/98 at 10:00 a.m. in Norfolk; proposed voir dire and written jury instructions to be received on or before 9/25/98; setting final pretrial conference on 9/18/98 at 11:30 a.m.; entered 7/21/98 and filed 7/22/98 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 7/22/98 (clerk)
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Filed: 7/22/1998, Entered: 7/23/1998
Set/Reset Deadlines:
Deadline updated; reset Jury Trial for 10:00 a.m. on 10/1/98 , and reset Final Pretrial Conference for 11:30 a.m. on 9/18/98 (clerk)
20
Filed: 7/13/1998, Entered: 7/14/1998
Order
ORDER, by agreement of counsel, extending time for disclosure information by plaintiffs to 7/20/98, defendant shall disclose information no later than 8/7/98, plaintiffs shall disclose contradictory or rebuttal evidence no later than 8/14/98, and the cut-off for the parties for any expert discovery is extended to 8/19/98; directing that all other existing dates set by previous Orders shall remain in full force and effect without modification; entered and filed 7/13/98 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 7/13/98 (clerk)
19
Filed: 7/9/1998, Entered: 7/13/1998
Memorandum in Support
MEMORANDUM by Virginia Beach in support of [18-1] motion by Virginia Beach for Summary Judgment and Partial Summary Judgment Under Rule 56 by Virginia Beach, [18-2] motion For Dismissal Under Rule 12(b)(1), with Appendix and 2 Deposition Binders (black) by Virginia Beach, received. (clerk)
18
Filed: 7/9/1998, Entered: 7/13/1998
Motion for Summary Judgment
MOTION by Virginia Beach for Summary Judgment and Partial Summary Judgment Under Rule 56 , and For Dismissal Under Rule 12(b)(1) (clerk)
17
Filed: 6/23/1998, Entered: 6/30/1998
Order
ORDER extending time until 6/22/98 for defendant to file response to plaintiff's second request for admissions, agreed, entered 6/22/98 and filed 6/23/98, ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 6/23/98 (ariv)
16
Filed: 6/16/1998, Entered: 6/19/1998
Order
ORDER extending discovery deadline for all parties until 8/7/98, agreed, entered and filed 6/16/98, ( signed by Judge Rebecca B. Smith ) Copies Mailed: 6/16/98 (ariv)
15
Filed: 5/1/1998, Entered: 5/1/1998
Order
ORDER granting motion by plaintiffs to exclude and directing that officers of the Internal Affairs Division of the Virginia Beach Police Department were not proper representatives of the City in a Fair Labor Standards Act case; entered and filed 5/1/98 ( signed by Magistrate Judge Tommy E. Miller ), Copies Mailed: 5/1/98 (arou)
14
Filed: 4/10/1998, Entered: 4/13/1998
Order
ORDER denying [8-1] motion TO DISQUALIFY CITY ATTORNEY'S OFFICE by plaintiffs; entered and filed 4/10/98 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 4/10/98 (clerk)
13
Filed: 4/10/1998, Entered: 4/10/1998
Minutes-Miscellaneous
Minute entry: HEARING PROCEEDINGS: TEM, USMJ; Sharon Borden, OCR; appearances by counsel; matter came on plaintiffs' motion to disqualify City Attorney's office. Argument. Court denies plaintiffs' motion without prejudice. Court adjourned. (clerk)
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Filed: 4/10/1998, Entered: 4/10/1998
Motion Hearing
Motion hearing held re: [8-1] motion TO DISQUALIFY CITY ATTORNEY'S OFFICE by plaintiffs (clerk)
12
Filed: 4/7/1998, Entered: 4/8/1998
Reply to Response to Motion
REPLY by James Bailey, David Banks, Eric Beard, Richard Brereton, Brent Burnette, Jerry Cale, Christopher Carroll, William Crayle, Edgar Cruz, Joel Davis, Kenneth Dimitry, Terrence Dugan, Anthony Elder, Janet Elder, Michael Encarnacao, Michael Felts, Timothy Fogarty, Kenneth George, Chester Hamilton, Duane Hart, James Kaiser, Dennis Kinney, Craig Kirby, John Kozlowski, Mark Kuehn, Roger Miller, William Mirra, Johnnie Mitchell, Christopher Mras, Jonathan Oakes, Michael Sanderson, Dennis Santos, Herman Schojan, Peter Slovensky, Richard Spivey, David Squires, Keith Stewart, James Thomas, Neil Thompson, John Tosloskie, Audrey Turner, Mark Vidrine, Shannon Wichtendahl, Jeffery Wilkerson, George Winn, Linda Zabrecky, Matthew Adam Bracey, Kevin J. Perry to response to [8-1] motion TO DISQUALIFY CITY ATTORNEY'S OFFICE, received. (clerk)
11
Filed: 4/6/1998, Entered: 4/8/1998
Notice of Hearing.
NOTICE of Hearing by plaintiffs: re: Motion to Disqualify City Attorney's Office set for 4/10/98 at 9:30 a.m. (clerk)
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Filed: 4/3/1998, Entered: 4/6/1998
Motion Hearing
Motion hearing re: [8-1] motion TO DISQUALIFY CITY ATTORNEY'S OFFICE by plaintiffs set at 9:30 a.m. on 4/10/98 (clerk)
10
Filed: 3/27/1998, Entered: 4/1/1998
Memorandum in Opposition
MEMORANDUM by Virginia Beach in opposition to [8-1] motion TO DISQUALIFY CITY ATTORNEY'S OFFICE by plaintiffs, received. (clerk)
9
Filed: 3/18/1998, Entered: 3/19/1998
Memorandum in Support
MEMORANDUM by James Bailey, David Banks, Eric Beard, Richard Brereton, Brent Burnette, Jerry Cale, Christopher Carroll, William Crayle, Edgar Cruz, Joel Davis, Kenneth Dimitry, Terrence Dugan, Anthony Elder, Janet Elder, Michael Encarnacao, Michael Felts, Timothy Fogarty, Kenneth George, Chester Hamilton, Duane Hart, James Kaiser, Dennis Kinney, Craig Kirby, John Kozlowski, Mark Kuehn, Roger Miller, William Mirra, Johnnie Mitchell, Christopher Mras, Jonathan Oakes, Michael Sanderson, Dennis Santos, Herman Schojan, Peter Slovensky, Richard Spivey, David Squires, Keith Stewart, James Thomas, Neil Thompson, John Tosloskie, Audrey Turner, Mark Vidrine, Shannon Wichtendahl, Jeffery Wilkerson, George Winn, Linda Zabrecky, Matthew Adam Bracey, Kevin J. Perry in support of [8-1] motion TO DISQUALIFY CITY ATTORNEY'S OFFICE, received. (clerk)
MOTION TO DISQUALIFY CITY ATTORNEY'S OFFICE by plaintiffs (clerk)
7
Filed: 3/12/1998, Entered: 3/13/1998
Order
Order on Initial Pretrial Conference setting Jury Trial 10:00 a.m. on 9/9/98; Final Pretrial conference for 11:30 a.m. on 8/28/98; proposed voir dire and written jury instructions on or before 9/1/98; all de bene esse depositions to be concluded by 7/30/98; Discovery cutoff for plaintiff 6/16/98; Discovery cutoff for defendant 7/16/98; establishing deadlines for disclosure of expert testimony; consolidating 2:97cv1121 and 2:98cv70 for the purpose of trial; directing that both plaintiffs and defendant shall respond to presently pending discovery on or before 3/24/98; plaintiffs' contemplated motion to disqualify the Virginia Beach City Attorney's Office shall be filed, with supporting memorandum, on or before 3/18/98; defendant's brief in opposition shall be received on or before 3/27/98, if no hearing is arranged by 4/1/98 the clerk shall refer the file on 4/3/98 to one of the judges for decision on the memoranda submitted; with the agreement of counsel, additional plaintiffs may be added if Consents are filed on or before 4/10/98 without the need of filing an amended complaint; entered 3/10/98 and filed 3/12/98 (signed by Magistrate Judge William T. Prince) Copies Mailed: 3/12/98 (clerk) Modified on 03/16/1998
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Filed: 3/12/1998, Entered: 3/13/1998
Suspense Deadline
**Suspense 3/18/98 for plaintiffs' contemplated motion to disqualify; 3/24/98 for both plaintiffs' and defendant to respond to presently pending discovery; 3/27/98 defendant's brief in opposition; 4/1/98 to check on scheduling if any hearing, if no hearing refer on 4/3/98; 4/10/98 for any additional consents to be filed adding planitiffs. (clerk)
6
Filed: 3/11/1998, Entered: 3/16/1998
Order
ORDER directing that Stanley G. Barr, Jr. and the law firm of Kaufman & Canoles, P.C., be and the same hereby are premitted to serve as co-counsel for the defendant; entered and filed 3/11/98 ( signed by Judge Robert G. Doumar ) Copies Mailed: 3/11/98 (clerk) Modified on 03/16/1998
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Filed: 3/10/1998, Entered: 3/13/1998
Pretrial Conference - Initial
Initial pretrial conference held (clerk)
--
Filed: 2/17/1998, Entered: 2/18/1998
Pretrial Conference - Initial
Initial pretrial conference reset at 2:30 p.m. on 3/10/98 (clerk)
5
Filed: 2/12/1998, Entered: 2/12/1998
Summons Returned Executed
SUMMONS Returned Executed on Amended Complaint as to Virginia Beach on 1/7/98 (clerk)
--
Filed: 1/27/1998, Entered: 1/27/1998
Pretrial Conference - Initial
Initial pretrial conference set at 2:15 p.m. on 2/17/98 (clerk)
--
Filed: 1/27/1998, Entered: 1/27/1998
Miscellaneous Document
Referred for Initial Pretrial Conference (clerk)
4
Filed: 1/26/1998, Entered: 1/27/1998
Answer to Amended Complaint
ANSWER by Virginia Beach (Attorney Leslie Louis Lilley, Richard Jay Beaver, Lawrence Steven Emmert, Kamala Hallgren Lannetti) to amended complaint (clerk)
SUMMONS Returned Executed as to Virginia Beach 1/7/98 Answer due on 1/27/98 for Virginia Beach (clerk)
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Filed: 12/31/1997, Entered: 12/31/1997
Suspense Deadline
**Suspense 1/29/97 - to check on service (clerk)
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Filed: 12/31/1997, Entered: 12/31/1997
Summons Issued
SUMMONS, with 1 copy, issued on Amended Complaint for Virginia Beach and delivered to counsel. (clerk)
2
Filed: 12/18/1997, Entered: 12/18/1997
Amended Complaint
AMENDED COMPLAINT by James Bailey, David Banks, Eric Beard, Richard Brereton, Brent Burnette, Jerry Cale, Christopher Carroll, William Crayle, Edgar Cruz, Joel Davis, Kenneth Dimitry, Terrence Dugan, Anthony Elder, Janet Elder, Michael Encarnacao, Michael Felts, Timothy Fogarty, Kenneth George, Chester Hamilton, Duane Hart, James Kaiser, Dennis Kinney, Craig Kirby, John Kozlowski, Mark Kuehn, Roger Miller, William Mirra, Johnnie Mitchell, Christopher Mras, Jonathan Oakes, Michael Sanderson, Dennis Santos, Herman Schojan, Peter Slovensky, Richard Spivey, David Squires, Keith Stewart, James Thomas, Neil Thompson, John Tosloskie, Audrey Turner, Mark Vidrine, Shannon Wichtendahl, Jeffery Wilkerson, George Winn, Linda Zabrecky amending [1-1] complaint; jury demand (clerk)
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Filed: 12/18/1997, Entered: 12/18/1997
Summons Issued
SUMMONS, with 1 copy, issued for Virginia Beach and delivered to counsel. Magistrate notice. (clerk)
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