Barry v. Virginia Beach, City, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:98-cv-00143
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Summary

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Parties
No Logo Debra E. Barry, Plaintiff

Represented by Marchant Thorsen Honey Baldwin & Meyer LLP

Name Phone Fax E-Mail
Space William Reilly Marchant +1 804 285 3888 +1 804 285 7779

Represented by Thorsen & Scher LLP

Name Phone Fax E-Mail
Space James Broome Thorsen +1 804 359 3000 jthorsen@tslaw.us
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
Space Leslie Louis Lilley +1 757 427 8032 +1 757 426 5687

Represented by Kaufman & Canoles, PC

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

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Richard Jay Beaver +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 2/9/1998
Jury Demand Plaintiff
Demand $30000000
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 12101 Americans with Disabilities Act
Jurisdiction Federal Question
Disposition Judgment - Directed Verdict
County Virginia Beach City
Terminated 10/8/1998
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 98-2642[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (48) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 8/23/2002, Entered: 8/23/2002 Docket Annotation
Jury instructions destroyed (lbax)
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Blank -- Filed: 5/10/2002, Entered: 5/10/2002 Exhibit
Defendant Exhibits disposed of by the clerk (jcow)
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Blank 29 Filed: 8/20/1999, Entered: 8/23/1999 USCA Order
Copy of USCA Order awarding the appellee $104.00 in costs. (clerk)
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Blank 28 Filed: 8/20/1999, Entered: 8/23/1999 USCA Judgment
JUDGMENT OF USCA affirming the judgment of the District Court (certified copy) Re: [20-1] appeal by Debra E. Barry, filed. ob. (clerk)
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Blank 27 Filed: 8/20/1999, Entered: 8/23/1999 USCA Mandate
Opinion of USCA re: [20-1] appeal by Debra E. Barry (clerk)
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Blank 26 Filed: 8/12/1999, Entered: 8/12/1999 USCA Order
Copy of USCA Order denying the petition for rehearing. (clerk)
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Blank 25 Filed: 7/9/1999, Entered: 7/12/1999 USCA Mandate
Advanced copy of Opinion of USCA re: [20-1] appeal by Debra E. Barry (clerk)
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Blank 24 Filed: 1/28/1999, Entered: 2/2/1999 Transcript
TRANSCRIPT OF PROCEEDINGS - Motion in Limine for dates of 10/7/98 before the Honorable William T. Prince (clerk)
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Blank -- Filed: 1/12/1999, Entered: 1/12/1999 Certificate of Completion
Certification of completion sent to USCA re: [20-1] appeal by Debra E. Barry (clerk)
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Blank 23 Filed: 12/31/1998, Entered: 1/4/1999 Transcript
TRANSCRIPT OF PROCEEDINGS before the Honorable Willim T. Prince for dates of 10/8/98 (clerk)
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Blank 22 Filed: 12/31/1998, Entered: 1/4/1999 Transcript
TRANSCRIPT OF PROCEEDINGS for dates of 10/7/98 before the Honorable William T. Price (clerk)
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Blank -- Filed: 11/16/1998, Entered: 11/17/1998 USCA Appeal Fees
Partial USCA appeal fees received $ 2.50 Receipt # 200 18898 (clerk)
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Blank 21 Filed: 11/13/1998, Entered: 11/16/1998 Docket Annotation
Copy of Transcript Purchase Order for closing arguments 10/8/98 and all testimony of 10/7/98 and 10/8/98. (clerk)
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Blank -- Filed: 11/12/1998, Entered: 11/16/1998 USCA Case Number
USCA Case Number Re: [20-1] appeal by Debra E. Barry CASE MANAGER: Pamela K. Stump USCA NUMBER: 98-2642 (clerk)
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Blank -- Filed: 11/5/1998, Entered: 11/5/1998, Terminated: 8/20/1999 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Judgment and docket sheet to USCA: copy of notice of appeal, docketing statement and transcript order form to counsel for plaintiff; copy of notice of appeal to counsel [20-1] appeal by Debra E. Barry (clerk)
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Blank 20 Filed: 11/4/1998, Entered: 11/5/1998 Notice of Appeal
NOTICE OF APPEAL by Debra E. Barry. FILING FEE $ 105.00 RECEIPT # 200 18789 (clerk)
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Blank 19 Filed: 10/8/1998, Entered: 10/8/1998 Trial Brief
TRIAL BRIEF by Virginia Beach, City. Filed In Open Court. (clerk)
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Blank 18 Filed: 10/8/1998, Entered: 10/8/1998 Judgment*
JUDGMENT on decision by the Court that defendant's motion for judgment as a matter of law is GRANTED; that plaintiff take nothing, that this action be dismissed on the merits, and that defendant, City of Virginia Beach, recover of the plaintiff, Debra E. Barry, its costs of action, entered by the Clerk and filed 10/8/98. OB. Copies Mailed: 10/8/98 (clerk)
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Blank 17 Filed: 10/8/1998, Entered: 10/8/1998 Minutes-Miscellaneous
JURY TRIAL PROCEEDINGS, WTP, USMJ. Denise Wilson, Zahn, Hall and Zahn, reporter. Parties and counsel appeared pursuant to adjournment yesterday. Jurors present. Plaintiff resumed presentation of evidence and rested. Defendant's motion for judgment as a matter of law. Court GRANTED defendant's motion. Court directed Clerk to enter judgment for the defendant. Jurors excused subject to call. Court adjourned. (clerk)
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Blank -- Filed: 10/8/1998, Entered: 10/8/1998 Permanent Record
Permanent Record (clerk)
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Blank -- Filed: 10/8/1998, Entered: 10/8/1998 Terminated Case
Case closed (clerk)
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Blank -- Filed: 10/8/1998, Entered: 10/8/1998 Case Assigned/Reassigned
CASE assigned to Magistrate Judge William T. Prince (clerk)
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Blank -- Filed: 10/8/1998, Entered: 10/8/1998 Jury Trial Begun
Jury Trial held (clerk)
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Blank 16 Filed: 10/7/1998, Entered: 10/8/1998 Minutes-MiscellaneousCourt Filing
JURY TRIAL PROCEEDINGS, WTP, USMJ. Denise Wilson, Zahn, Hall and Zahn, reporter. Counsel present. Came on for trial by jury. Petit jurors were sworn, examined on voir dire and from said panel came a jury. (Jurors not serving directed to Courtroom 3 for Judge Friedman's trial). Opening statements of counsel heard. Plaintiff presented evidence in part. Motion to exclude witnesses--GRANTED. Jurors excluded until tomorrow morning at 9:30 a.m. Court adjourned. (clerk)
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Blank -- Filed: 10/7/1998, Entered: 10/8/1998 Jury Trial Begun
Jury Trial held (first day) (mwin)
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Blank 15 Filed: 10/6/1998, Entered: 10/6/1998 Objection
OBJECTION by plaintiff Debra E. Barry to defendant's proposed instructions (arou)
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Blank 14 Filed: 9/30/1998, Entered: 10/6/1998 Motion in Limine
MOTION by Virginia Beach, City in Limine (arou)
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Blank 13 Filed: 9/30/1998, Entered: 9/30/1998 Minutes-Miscellaneous
Minute entry: COURT PROCEEDINGS - TEM, USMJ. Barbara Ingle (Zahn), Reporter. Counsel appeared. Matter came on plaintiff's motion to stay pending post-trial motions and/or appeal of "Rankin v. City of Virginia Beach." Argument. Count DENIED plaintiff's motion and stated case would go to trial next week. Defendant's motion for summary judgment. Argument. Court DENIES defendant's motion for summary judgment. Court will enter Order. Court adjourned. (arou)
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Blank 12 Filed: 9/30/1998, Entered: 9/30/1998 OrderCourt Filing
ORDER denying [5-1] motion by Virginia Beach, City for Summary Judgment, entered and filed 9/30/98 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 9/30/98 (arou)
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Blank 11 Filed: 9/30/1998, Entered: 9/30/1998, Terminated: 10/8/1998 Motion to Stay
MOTION by Debra E. Barry to Stay Trial pending post-trial motions and/or appeal of civil action 2:98cv144 (arou)
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Blank -- Filed: 9/29/1998, Entered: 9/29/1998 Motion Hearing
Motion hearing re: motion to stay set 9/30/98 at 2:00 p.m. (arou)
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Blank 10 Filed: 9/22/1998, Entered: 9/22/1998 Affidavit
AFFIDAVIT of William Carder Re: [10-1] opposition memorandum by Debra E. Barry (arou)
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Blank 10 Filed: 9/22/1998, Entered: 9/22/1998 Affidavit
AFFIDAVIT of Joe Stacy Re: [10-1] opposition memorandum by Debra E. Barry (arou)
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Blank 10 Filed: 9/22/1998, Entered: 9/22/1998 Affidavit
AFFIDAVIT of Debra E. Barry Re: [10-1] opposition memorandum by Debra E. Barry (arou)
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Blank 10 Filed: 9/22/1998, Entered: 9/22/1998 Memorandum in Opposition
MEMORANDUM by Debra E. Barry in opposition to [5-1] motion by Virginia Beach, City for Summary Judgment, received (arou)
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Blank 9 Filed: 9/18/1998, Entered: 9/21/1998 Consent to Jurisdiction by U.S. Magistrate Judge
CONSENT to trial by Magistrate by Debra E. Barry, Virginia Beach, City (arou)
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Blank 8 Filed: 9/18/1998, Entered: 9/21/1998 Order
ORDER ON FINAL PRETRIAL CONFERENCE entered 9/18/98 in the presence of counsel; filed 9/18/98; TEM, USMJ (arou)
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Blank 7 Filed: 9/18/1998, Entered: 9/18/1998 Notice of Appearance
NOTICE of Appearance by Stanley G. Barr and Robert Barry as counsel for defendant (arou)
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Blank 6 Filed: 9/11/1998, Entered: 9/14/1998 Memorandum in Support
MEMORANDUM by Virginia Beach, City in support of [5-1] motion by Virginia Beach, City for Summary Judgment, received (arou)
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Blank 5 Filed: 9/11/1998, Entered: 9/14/1998, Terminated: 9/30/1998 Motion for Summary Judgment
MOTION by Virginia Beach, City for Summary Judgment (arou)
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Blank 4 Filed: 3/27/1998, Entered: 3/30/1998 Order
ORDER ON INITIAL PRETRIAL CONFERENCE scheduling trial for 10/7/98 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 9/30/98. A final pretrial conference shall be held on 9/18/98 at 12:00 p.m.;de bene esse depositions shall be concluded on or before 8/28/98; discovery shall be completed by plaintiff on or before 7/14/98 and defendant by 8/14/98; setting forth times and sequence for disclosure of expert testimony; it is ORDERED that all pleadings are changed to indicate the correct name of the defendant to City of Virginia Beach (arou)
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Blank -- Filed: 3/26/1998, Entered: 3/30/1998 Pretrial Conference - Initial
Initial pretrial conference held (arou)
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Blank -- Filed: 3/10/1998, Entered: 3/10/1998 Pretrial Conference - Initial
Initial pretrial conference set at 3:00 on 3/26/98 (arou)
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Blank 3 Filed: 3/9/1998, Entered: 3/9/1998, Terminated: 10/8/1998 Answer
ANSWER to Complaint by Virginia Beach, City (Attorney Richard Jay Beaver, Leslie Louis Lilley, Lawrence Steven Emmert) (arou)
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Blank -- Filed: 3/9/1998, Entered: 3/9/1998 Miscellaneous Document
Referred for Initial Pretrial Conference (arou)
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Blank 2 Filed: 2/23/1998, Entered: 2/23/1998 Summons Returned Executed
SUMMONS Returned Executed as to Virginia Beach, City 2/18/98, Answer due on 3/10/98 for Virginia Beach, City (arou)
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Blank -- Filed: 2/10/1998, Entered: 2/10/1998 Summons Issued
SUMMONS with one certified copy issued for Virginia Beach, City and mailed to counsel, mag notice (arou)
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Blank 1 Filed: 2/9/1998, Entered: 2/9/1998 Complaint
COMPLAINT, Filing Fee $ 150.00 Receipt # 16209; jury demand (arou)
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