Hassell v. City of Chesapeake, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:98-cv-00736-HCM
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Parties
No Logo Franklin, Hassell, Plaintiff

Represented by Sacks & Sacks

v.
No Logo Elaine Morin, Defendant

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space James Arthur Cales, III +1 757 461 7100 jcales@furnissdavis.com
Space Alan Brody Rashkind +1 757 461 7100 arashkind@furnissdavis.com
No Logo The City of Chesapeake, Virginia, Defendant

Represented by Breeden Salb Beasley & DuVall

Name Phone Fax E-Mail
Space Thomas Jeffrey Salb +1 757 622 1111 JSalb@breedenlaw.net
Attributes
Office Norfolk
Filed 6/29/1998
Jury Demand Plaintiff
Demand $2000000
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Chesapeake City
Terminated 8/26/1999
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 99-2304[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (75) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 52 Filed: 10/12/2000, Entered: 10/12/2000 USCA Order
Copy of USCA Order awarding the appellee $160.00 in costs, filed. (clerk)
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Blank 51 Filed: 10/12/2000, Entered: 10/12/2000 USCA Judgment
JUDGMENT OF USCA affirming the judgment of the District Court (certified copy) Re: [44-1] appeal by Franklin Hassell, filed. ob. (clerk)
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Blank 50 Filed: 10/12/2000, Entered: 10/12/2000 USCA Mandate
Opinion of USCA re: [44-1] appeal by Franklin Hassell (clerk)
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Blank 49 Filed: 9/20/2000, Entered: 9/21/2000 USCA Mandate
Advanced copy of Opinion of USCA re: [44-1] appeal by Franklin Hassell (clerk)
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Blank -- Filed: 1/12/2000, Entered: 1/12/2000 Certificate of Completion
Certification of completion sent to USCA re: [44-1] appeal by Franklin Hassell (clerk)
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Blank 48 Filed: 1/3/2000, Entered: 1/5/2000 Appeal Transcript
TRANSCRIPT filed re: [44-1] appeal by Franklin Hassell for dates of 7/20/99 before Henry Coke Morgan, Jr. (clerk)
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Blank 47 Filed: 12/29/1999, Entered: 12/29/1999 USCA Order
USCA Order extending the time for the court reporter, Diane Gray, to file the transcript, without sanctions, to 1/3/00, filed in Alexandria Division on 12/20/99. (clerk)
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Blank 46 Filed: 12/20/1999, Entered: 12/27/1999 USCA Order
Copy of USCA Order extending the time for the court reporter, Diane Gray, to file the transcript to 1/3/00 wihtout sanctions. (clerk)
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Blank 45 Filed: 10/6/1999, Entered: 10/8/1999 Docket Annotation
Copy of Transcript Purchase Order for Motion for Summary Judgment hearing on 7/20/99 (clerk)
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Blank -- Filed: 10/1/1999, Entered: 10/4/1999 USCA Case Number
USCA Case Number Re: [44-1] appeal by Franklin Hassell CASE MANAGER: Yevone Jeffreys USCA NUMBER: 99-2304 (clerk)
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Blank -- Filed: 9/27/1999, Entered: 9/27/1999, Terminated: 10/12/2000 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Opinion and Order, 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 of record re: [44-1] appeal by Franklin Hassell (clerk)
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Blank 44 Filed: 9/24/1999, Entered: 9/27/1999 Notice of Appeal
NOTICE OF APPEAL by Franklin Hassell. FILING FEE $ 105.00 RECEIPT # 200 22724 (clerk)
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Blank 43 Filed: 8/26/1999, Entered: 8/26/1999 Judgment*
JUDGMENT on decision of the court that the defendants' motions for summary judgment on plaintiff's section 1983 claims are Granted and Plaintiff's complaint is dismissed, entering judgment in favor of the defendants, entered by the clerk and filed 8/26/99; o.b., Copies Mailed: 8/26/99 [EOD DATE: 8/26/99] (jcow)
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Blank 42 Filed: 8/26/1999, Entered: 8/26/1999 OrderCourt Filing
OPINION and ORDER, Granting summary judgment motions of City of Chesapeake and Elaine Morin and Dismissing state law claims without prejudice and Declines to exercise supplemental jurisdiction over Plaintiff's state law claims, entering judgment in favor of the defendants; entered 8/25/99 and filed 8/26/99 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 8/26/99 [EOD Date: 8/26/99] (jcow)
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Blank -- Filed: 8/26/1999, Entered: 8/26/1999 Disposable Record
Disposable Record (jcow)
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Blank -- Filed: 8/26/1999, Entered: 8/26/1999 Terminated Case
Case closed (jcow)
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Blank -- Filed: 8/26/1999, Entered: 8/26/1999 Case Assigned/Reassigned
CASE assigned to Judge Henry C. Morgan Jr. (jcow)
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Blank 41 Filed: 7/20/1999, Entered: 7/20/1999 Minutes-Miscellaneous
Minute entry: HEARING PROCEEDING: HCM, Jr., j; Diane Gray, OCR; app. by Andrew Sacks on behalf of & with ptf.; T. Jeffrey Salb, on behalf of dft. City of Chesapeake & Alan Rashkind on behalf of dft. Morin. Came on for hrg. on motions to dismiss (#5 & #7) of each dft. converted to motions for summary judgment by court order of 2/10/99 (#15); argued. Comments of court read into record. Court takes matter under advisement & kept file. LATER: All parties present. Came on dfts.' motion to extend discovery cut-off date & ptf's. motion to compel interrogatories; argued. Court directs ptf. to file Answers to Interrogatories & Request for Production of Documents by 7/23/99 at 5:00 pm. Court will extend discovery for dft. for a period of 30 days upon filing of Interrogatories. Court directs dft. to respond to ptf's. Interrogatories within 15 days of response of ptf. Court adj. (danc)
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Blank -- Filed: 7/20/1999, Entered: 7/20/1999 Motion Hearing
Motion hearing held re: [5-1] motion by Elaine Morin to Dismiss by Elaine Morin, [7-1] motion by City of Chesapeake to Dismiss by City of Chesapeake (danc)
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Blank 40 Filed: 7/16/1999, Entered: 7/20/1999 Memorandum in Support
MEMORANDUM in support of [39-1] motion by City of Chesapeake for entry of order on request for admissions and entry of order extending discovery cut-off time, received (jcow)
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Blank 39 Filed: 7/16/1999, Entered: 7/20/1999 Motion for Miscellaneous Relief
MOTION by City of Chesapeake for the entry of an Order to deem as admitted those request for admissions tendered to the plaintiff on 6/4/99; and for the entry of an Order extending its discovery cut-off time for a period of 30 days after receipt of the remaining discovery responses (jcow)
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Blank 38 Filed: 7/15/1999, Entered: 7/16/1999 Affidavit
Amended Affidavit of Isaac McNeil Re: [7-1] motion to Dismiss by City of Chesapeake (jcow)
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Blank 37 Filed: 7/14/1999, Entered: 7/15/1999 Notice of Hearing.
Amended Notice of Hearing: by defendant City of Chesapeake will bring on for hearing on 7/20/99 at 11:00 its motion for summary judgment previously filed (jcow)
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Blank 36 Filed: 7/8/1999, Entered: 7/8/1999 OrderCourt Filing
ORDER, Agreed, granting [35-1] motion by Franklin Hassell for an Enlargement of Time within which to file responsive pleadings to defendant's The City of Chesapeake, Interrogatories, requests for production and requests for admission, from 7/6/99 until 7/9/99, entered 7/7/99 and filed 7/8/99 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 7/8/99 (jcow)
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Blank 35 Filed: 7/7/1999, Entered: 7/7/1999, Terminated: 7/8/1999 Motion for Extension
MOTION by Franklin Hassell for an Enlargement of Time within which to file responsive pleadings to defendant's The City of Chesapeake, Interrogatories, requests for production and requests for admission (jcow)
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Blank 34 Filed: 6/7/1999, Entered: 6/9/1999 Motion to Stay
MOTION by City of Chesapeake to Stay discovery (titled motion for protective order) (jcow)
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Blank 33 Filed: 6/4/1999, Entered: 6/8/1999 Notice
NOTICE of hearing on 7/13/99 by City of Chesapeake (jcow)
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Blank -- Filed: 6/3/1999, Entered: 6/3/1999 Motion Hearing
Motion hearing re: [7-1] motion by City of Chesapeake to Dismiss set at 2:00 7/13/99, [5-1] motion by Elaine Morin to Dismiss set at 2:00 7/13/99 (motions to dismiss converted to motions for summary judgment by Court) (jcow)
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Blank 32 Filed: 5/27/1999, Entered: 5/28/1999 Reply to Response to Motion
REPLY MEMORANDUM to response to [5-1] motion to Dismiss by Elaine Morin, received. (jcow)
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Blank 31 Filed: 5/13/1999, Entered: 5/14/1999 Memorandum in Opposition
SUPPLEMENTAL MEMORANDUM by Franklin Hassell in opposition to [5-1] converted motion by Elaine Morin for summary judgment, received (jcow)
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Blank 30 Filed: 5/13/1999, Entered: 5/14/1999 OrderCourt Filing
ORDER granting [29-1] motion by Franklin Hassell to Extend Time to respond to Morin's motion for summary judgment until May 13, 1999 and allowing defendant Morin to file reply brief within eleven days after receipt of plaintiff's brief, agreed, entered and filed 5/13/99 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 5/13/99 (jcow)
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Blank 29 Filed: 5/11/1999, Entered: 5/13/1999, Terminated: 5/13/1999 Motion for Extension
MOTION by Franklin Hassell to Extend Time to respond to Morin's motion for summary judgment (jcow)
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Blank 28 Filed: 5/7/1999, Entered: 5/10/1999 Reply to Response to Motion
REPLY BRIEF by City of Chesapeake to plaintiff's response to [7-1] motion to Dismiss by City of Chesapeake, received. (jcow)
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Blank 27 Filed: 4/29/1999, Entered: 4/29/1999 OrderCourt Filing
ORDER granting [19-1] motion by Franklin Hassell to Extend Time to file a response to defendants' converted motions summary judgment, entered and filed 4/29/99 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 4/29/99 (arou)
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Blank 26 Filed: 4/27/1999, Entered: 4/28/1999 Deposition
DEPOSITION of Shirley E. Watkins in support of plaintiff's brief in opposition to defendants' converted motion for summary judgment (arou)
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Blank 25 Filed: 4/27/1999, Entered: 4/28/1999 Deposition
DEPOSITION of John L. Pazour in support of plaintiff's brief in opposition to defendants' converted motions for summary judgment (arou)
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Blank 24 Filed: 4/27/1999, Entered: 4/28/1999 Deposition
DEPOSITION of Elaine B. Morin in support of plaintiff's brief in opposition to defendants' converted motions for summary judgment (arou)
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Blank 23 Filed: 4/27/1999, Entered: 4/28/1999 Deposition
DEPOSITION of Issac McNeil in support of plaintiff's brief in opposition to defendants' converted motions for summary judgment (arou)
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Blank 22 Filed: 4/27/1999, Entered: 4/28/1999 Deposition
DEPOSITION of Silvanis Jones in support of plaintiff's brief in opposition to defendants' converted motions for summary judgment (arou)
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Blank 21 Filed: 4/27/1999, Entered: 4/28/1999 Deposition
DEPOSITION of Carolyn Darden in support of plaintiff's brief in opposition to defendants' converted motions for summary judgment (arou)
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Blank 20 Filed: 4/27/1999, Entered: 4/28/1999 Memorandum in Opposition
MEMORANDUM by Franklin Hassell in opposition to defendants' converted motions for summary judgment [7-1] motion by City of Chesapeake and [5-1] motion by Elaine Morin, received (arou)
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Blank 19 Filed: 4/26/1999, Entered: 4/28/1999, Terminated: 4/29/1999 Motion for Extension
SUPPLEMENTAL MOTION by Franklin Hassell to Extend Time to file a response to defendants' converted motions for summary judgment (arou)
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Blank 18 Filed: 4/14/1999, Entered: 4/15/1999 OrderCourt Filing
ORDER granting [17-1] motion by Franklin Hassell to Extend Time to file a response to defendant's converted motions for summary judgment, time extended to 5/7/99, agreed, entered and filed 4/14/99 (signed by Judge Henry C. Morgan Jr.) Copies Mailed: 4/14/99 (clerk)
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Blank 17 Filed: 4/12/1999, Entered: 4/13/1999, Terminated: 4/14/1999 Motion for Extension
MOTION by Franklin Hassell to Extend Time to file a response to defendant's converted motions for summary judgment (arou)
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Blank 16 Filed: 2/25/1999, Entered: 3/1/1999 Order
ORDER ON INITIAL PRETRIAL CONFERENCE scheduling trial for 10/4/99 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 9/27/99. A final pretrial conference shall be held on 8/27/99 at 10:00 a.m.; de bene esse depositions shall be concluded on or before 8/6/99; discovery shall be completed by plaintiff on or before 6/23/99 and defendant by 7/23/99; setting forth times and sequence for disclosure of expert testimony; plaintiff's motion to amend the complaint shall be filed with supporting memorandum on or before 3/9/99. Defendant's brief in opposition shall be received on or before 3/23/99. If no hearing is arranged by 3/25/99, the Clerk shall refer the file on 3/29/99 to one of the judge's for decision on the memorandums submitted, entered 2/23/99; filed 2/25/99; TEM, USMJ; copies mailed 2/25/99 (arou) Modified on 03/01/1999
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Blank -- Filed: 2/23/1999, Entered: 3/1/1999 Pretrial Conference - Initial
Initial pretrial conference held (arou)
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Blank -- Filed: 2/11/1999, Entered: 2/11/1999 Pretrial Conference - Initial
Initial pretrial conference set at 3:30 on 2/23/99 (arou)
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Blank -- Filed: 2/11/1999, Entered: 2/11/1999 Miscellaneous Document
Referred for Initial Pretrial Conference (arou)
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Blank 15 Filed: 2/10/1999, Entered: 2/11/1999 OrderCourt Filing
ORDER advising the parties that it will treat the defendants' motions as motions for summary judgment, and will dispose of the motions as provided in Rule 56; the Court ORDERS that the plaintiff promptly commence discovery necessary to respond to defendants' summary judgment motions; ORDERS plaintiff to file a response to defendants' motions within 60 days, and an initial pretrial conference be held within 2 weeks, entered and filed 2/10/99 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 2/10/99 (arou)
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Blank 14 Filed: 2/4/1999, Entered: 2/4/1999 Notice of Hearing.
NOTICE of Hearing: resetting hearing on defendants' motions to dismiss for 2/11/99 at 10:00 (arou)
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Blank -- Filed: 2/4/1999, Entered: 2/4/1999 Motion Hearing
Motion hearing re: [7-1] motion by City of Chesapeake to Dismiss reset at 10:00 on 2/11/99, and [5-1] motion by Elaine Morin to Dismiss reset at 10:00 on 2/11/99 (arou)
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Blank -- Filed: 1/27/1999, Entered: 1/28/1999 Motion Hearing
Motion hearing re: [7-1] motion by City of Chesapeake to Dismiss reset at 2:00 on 2/24/99, and [5-1] motion by Elaine Morin to Dismiss reset at 2:00 on 2/24/99 (arou)
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Blank 13 Filed: 1/22/1999, Entered: 1/26/1999 Notice
NOTICE of Hearing on 2/10/99 at 2:00 p.m. by City of Chesapeake (arou)
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Blank -- Filed: 1/22/1999, Entered: 1/22/1999 Motion Hearing
Motion hearing re: [7-1] motion by City of Chesapeake to Dismiss set at 2:00 on 2/10/99, and [5-1] motion by Elaine Morin to Dismiss set at 2:00 on 2/10/99 (arou)
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Blank 12 Filed: 1/14/1999, Entered: 1/20/1999 Reply to Response to Motion
REPLY by City of Chesapeake to response to [7-1] motion by City of Chesapeake to Dismiss, received (arou)
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Blank 11 Filed: 1/14/1999, Entered: 1/20/1999 Reply to Response to Motion
REPLY by Elaine Morin to response to [5-1] motion by Elaine Morin to Dismiss, received (arou)
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Blank 10 Filed: 1/8/1999, Entered: 1/20/1999 Memorandum in Support
MEMORANDUM by Franklin Hassell in support of [9-1] objection to conversion of the defendants' 12(b)(6) motions into summary judgment motions, received (arou)
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Blank 9 Filed: 1/8/1999, Entered: 1/20/1999 Objection
OBJECTION by plaintiff Franklin Hassell to Conversion of the Motions to dismiss under 12(b)(6) into summary judgment motions until a reasonable opportunity for discovery (Filed Subject to Defect) (arou)
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Blank 8 Filed: 11/5/1998, Entered: 11/5/1998 Affidavit
AFFIDAVIT of Van Jones Re: [8-1] support memorandum by City of Chesapeake (arou)
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Blank 8 Filed: 11/5/1998, Entered: 11/5/1998 Affidavit
AFFIDAVIT of Isaac McNeil Re: [8-1] support memorandum by City of Chesapeake (arou)
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Blank 8 Filed: 11/5/1998, Entered: 11/5/1998 Affidavit
AFFIDAVIT of Carolyn Darden Re: [8-1] support memorandum by City of Chesapeake (arou)
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Blank 8 Filed: 11/5/1998, Entered: 11/5/1998 Affidavit
AFFIDAVIT of John L. Pazour Re: [8-1] support memorandum by City of Chesapeake (arou)
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Blank 8 Filed: 11/5/1998, Entered: 11/5/1998 Memorandum in Support
MEMORANDUM by City of Chesapeake in support of [7-1] motion by City of Chesapeake to Dismiss, received (arou)
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Blank 7 Filed: 11/5/1998, Entered: 11/5/1998, Terminated: 8/26/1999 Motion to Dismiss
MOTION by City of Chesapeake to Dismiss (arou)
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Blank 6 Filed: 11/5/1998, Entered: 11/5/1998 Memorandum in Support
MEMORANDUM by Elaine Morin in support of [5-1] motion by Elaine Morin to Dismiss, received (arou)
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Blank 5 Filed: 11/5/1998, Entered: 11/5/1998, Terminated: 8/26/1999 Motion to Dismiss
MOTION by Elaine Morin to Dismiss (arou)
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Blank 4 Filed: 11/5/1998, Entered: 11/5/1998 OrderCourt Filing
ORDER that defendants' motions to dismiss be FILED; entered and filed 11/5/98 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 11/5/98 (arou)
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Blank 3 Filed: 10/7/1998, Entered: 10/7/1998 Summons Returned Executed
SUMMONS Returned Executed as to City of Chesapeake 9/17/98 Answer due on 10/7/98 for City of Chesapeake (arou)
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Blank 2 Filed: 10/7/1998, Entered: 10/7/1998 Summons Returned Executed
SUMMONS Returned Executed as to Elaine Morin 9/17/98, Answer due on 10/7/98 for Elaine Morin (arou)
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Blank -- Filed: 9/18/1998, Entered: 9/18/1998 Suspense Deadline
**Suspense 10/27/98 (abatement deadline) (arou)
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Blank -- Filed: 9/3/1998, Entered: 9/3/1998 Suspense Deadline
**Suspense 9/18/98 (response to status request ltr.) (arou)
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Blank -- Filed: 8/3/1998, Entered: 8/3/1998 Suspense Deadline
**Suspense 9/2/98 (status check on summonses) (arou)
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Blank -- Filed: 8/3/1998, Entered: 8/3/1998 Summons Issued
SUMMONSES (2) with 1 cert. copy each issued for City of Chesapeake, Elaine Morin and mailed to counsel, mag notice (arou)
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Blank -- Filed: 7/21/1998, Entered: 7/21/1998 Suspense Deadline
**Suspense 7/29/98 (check status on service of complaint) (arou)
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Blank 1 Filed: 6/29/1998, Entered: 6/30/1998 Complaint
COMPLAINT, Filing Fee $ 150.00 Receipt # 17524; jury demand (arou)
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