Hales v. City of Newport News et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 4:11-cv-00028
District Judge Mark S. Davis, presiding
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District Judge Mark S. Davis
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Summary

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Parties
No Logo Peggy A. Hales, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Allen Joseph Gordon +1 804 420 9731
ATTORNEY TO BE NOTICED Erik Paul Gordon +1 757 420 9731
v.
No Logo City of Newport News, Defendant

Represented by Breeden Salb Beasley & DuVall

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Darlene Paige Bradberry +1 757 622 1111 dbradberry@breedenlaw.net

Represented by Office of the City Attorney

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Nicole Marie Montalto +1 757 926 8416 +1 757 490 0280 nmontalto@nngov.com
No Logo James D. Fox, Defendant

Represented by Breeden Salb Beasley & DuVall

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Darlene Paige Bradberry +1 757 622 1111 dbradberry@breedenlaw.net

Represented by Office of the City Attorney

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Nicole Marie Montalto +1 757 926 8416 +1 757 490 0280 nmontalto@nngov.com
No Logo Neil A. Morgan, Defendant

Represented by Breeden Salb Beasley & DuVall

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Darlene Paige Bradberry +1 757 622 1111 dbradberry@breedenlaw.net

Represented by Office of the City Attorney

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Nicole Marie Montalto +1 757 926 8416 +1 757 490 0280 nmontalto@nngov.com
No Logo Officer Justin E. Briggs, Defendant

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James Arthur Cales, III +1 757 461 7100 jcales@furnissdavis.com
ATTORNEY TO BE NOTICED Alan Brody Rashkind +1 757 461 7100 arashkind@furnissdavis.com
No Logo Ssgt. J. F. Gayle, Defendant

Represented by Kaufman & Canoles, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Karla Marissa Jamias Soloria +1 757 624 3000 +1 757 624 3169 kjsoloria@kaufcan.com
ATTORNEY TO BE NOTICED Andrew K Rudiger +1 757 624 3000 +1 757 624 3169 akrudiger@kaufcan.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 440 - Civil Rights: Other
Timeline
  Entries (31) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 31 Filed: 4/6/2012, Entered: None Court Filing
DISMISSED AGREED ORDER that the matter shall beand is DISMISSED AGREED, with prejudice. Signed by District Judge Mark S. Davis on 4/5/2012 and filed on 4/6/2012. (rsim) (Entered: 04/06/2012)
LREF
Blank 30 Filed: 4/2/2012, Entered: None
CLERK'S NOTICE to counsel advising that the matter will be dismissed agreed with prejudice unless an appropriate dismissal order is received from counsel within ten days of notice. (rsim) (Entered: 04/02/2012)
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Blank 29 Filed: 2/16/2012, Entered: None Court Filing
AMENDED RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 4/2/2012 at 09:00 AM in Norfolk. Signed by Magistrate Judge Douglas E. Miller on February 15, 2012 and filed on February 16, 2012. (sche) (Entered: 02/16/2012)
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Blank 28 Filed: 2/10/2012, Entered: None Court Filing
Rule 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 2/28/2012 at 09:00 AM in Norfolk. Signed by Magistrate Judge Douglas E. Miller and filed on 2/10/12. (vwar) (Entered: 02/10/2012)
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Blank 27 Filed: 11/28/2011, Entered: None
CLERK'S JUDGMENT that Plaintiff's claims against defendant Johnson are DISMISSED WITHOUT PREJUDICE. Signed by the Clerk on 11/28/2011 and filed on 11/29/2011. (rsim) (Entered: 11/29/2011)
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Blank 26 Filed: 11/28/2011, Entered: None Court Filing
MEMORANDUM ORDER that Plaintiff's claims against defendant Johnson are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Mark S. Davis and filed on 11/28/2011. (rsim) (Entered: 11/29/2011)
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Blank 25 Filed: 10/26/2011, Entered: None Court Filing
ORDER granting 23 Motion for Extension of Time to Answer and J.F. Gayle shall have through and including Friday, October 21, 2011 in which to file responsive pleadings to the remaining count of the complaint. Signed by Magistrate Judge Douglas E. Miller and filed on 10/26/2011. (rsim) (Entered: 10/26/2011)
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Blank 24 Filed: 10/13/2011, Entered: None
ANSWER to Complaint by J. F. Gayle.(Barr, Stanley) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 10/7/2011, Entered: None
MOTION for Extension of Time to File Answer by J. F. Gayle. (Attachments: # 1 Exhibit 1)(Rudiger, Andrew) (Entered: 10/07/2011)
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Blank 22 Filed: 10/7/2011, Entered: None
NOTICE of Appearance by Andrew K Rudiger on behalf of J. F. Gayle (Rudiger, Andrew) (Entered: 10/07/2011)
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Blank 21 Filed: 10/6/2011, Entered: None
AFFIDAVIT of Allen J. Gordon by Peggy A. Hales. (rsim) (Entered: 10/06/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 10/6/2011, Entered: None
Reply to 19 Order to Show Cause, and Motion to Permit Plaintiff to Perfect Service of the Complaint on the Defendant, Officer Darryl J. Johnson filed by Peggy A. Hales. (Gordon, Allen) (Entered: 10/06/2011)
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Blank 19 Filed: 10/5/2011, Entered: None Court Filing
ORDER TO SHOW CAUSE that within 20 days, the plaintiff show cause, if any, why this civil action should not be dismissed pursuant to Rule 4 (m) of the Federal Rules of Civil Procedure as to defendant Officer Darryl J. Johnson. If Plaintiff fails to establish good cause for the delay, this action will be dismissed without prejudice. Signed by District Judge Mark S. Davis and filed on 10/5/2011. (rsim) (Entered: 10/05/2011)
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Blank 18 Filed: 9/30/2011, Entered: None
CLERK'S JUDGMENT that the motion to dismiss filed by defendantsCity of Newport News, James D. Fox, and Neil A. Morgan is GRANTED. Entered by the Clerk and filed on 9/30/2011. (rsim) (Entered: 09/30/2011)
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Blank 17 Filed: 9/30/2011, Entered: None Court Filing
OPINION AND ORDER that the motion to dismiss filed by the City Defendants is GRANTED in its entirety. The motion to dismiss filed by Gayle is GRANTED as to all counts in the Complaint except the portion of Count Seven alleging § 1983 bystander liability regarding Plaintiffs arrest; Gayles motion is DENIED with respect to such claim. Officer Briggs motion to dismiss is GRANTED with respect to Counts One and Two, DENIED as to Counts Three, Four, Five and Seven, and GRANTED in part and DENIED in part as to Count Six. Signed by District Judge Mark S. Davis and filed on 9/30/2011. (rsim) (Entered: 09/30/2011)
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Blank 16 Filed: 3/3/2011, Entered: None
Request for Hearing by City of Newport News, James D. Fox, Neil A. Morgan re 2 MOTION to Dismiss (Bradberry, Darlene) (Entered: 03/03/2011)
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Blank 15 Filed: 3/2/2011, Entered: None
Request for Hearing by Justin E. Briggs re 8 MOTION to Dismiss (Cales, James) (Entered: 03/02/2011)
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Blank 14 Filed: 3/2/2011, Entered: None
REPLY to Response to Motion re 8 MOTION to Dismiss filed by Justin E. Briggs. (Cales, James) (Entered: 03/02/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 2/28/2011, Entered: None
Reply to Motion re 8 MOTION to Dismiss Plaintiff's Motion to Overrule Briggs' Motion to Dismiss filed by Peggy A. Hales. (Gordon, Allen) (Entered: 02/28/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 2/22/2011, Entered: None
Rebuttal Brief re 2 MOTION to Dismiss filed by City of Newport News, James D. Fox, Neil A. Morgan. (Attachments: # 1 Exhibit A: Demurrer, # 2 Exhibit B: Memorandum in Support of Demurrer)(Bradberry, Darlene) (Entered: 02/22/2011)
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Blank 11 Filed: 2/21/2011, Entered: None
NOTICE of Appearance by James Arthur Cales, III on behalf of Justin E. Briggs (Cales, James) (Entered: 02/21/2011)
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Blank 10 Filed: 2/21/2011, Entered: None
ANSWER to Complaint by Justin E. Briggs.(Rashkind, Alan) (Entered: 02/21/2011)
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Blank 9 Filed: 2/21/2011, Entered: None
Brief in Support to 8 MOTION to Dismiss filed by Justin E. Briggs. (Rashkind, Alan) (Entered: 02/21/2011)
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Blank 8 Filed: 2/21/2011, Entered: None Motion to Dismiss
MOTION to Dismiss by Justin E. Briggs. (Rashkind, Alan) (Entered: 02/21/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 2/16/2011, Entered: None
Reply to Motion re 5 MOTION to Dismiss, 2 MOTION to Dismiss and Reply to Demurrer filed by Peggy A. Hales. (Gordon, Allen) (Entered: 02/16/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 2/3/2011, Entered: None
Brief in Support to 5 MOTION to Dismiss filed by J. F. Gayle. (Barr, Stanley) (Entered: 02/03/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 2/3/2011, Entered: None Motion to Dismiss
MOTION to Dismiss by J. F. Gayle. (Barr, Stanley) (Entered: 02/03/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 2/3/2011, Entered: None Court Filing
Magistrate Judge Notice and Judge's Information to counsel. (jcow, ) (Entered: 02/03/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 2/2/2011, Entered: None
Memorandum in Support re 2 MOTION to Dismiss filed by City of Newport News, James D. Fox, Neil A. Morgan. (jcow, ) (Entered: 02/03/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 2/2/2011, Entered: None Motion to Dismiss
MOTION to Dismiss by City of Newport News, James D. Fox, Neil A. Morgan. (jcow, ) (Entered: 02/03/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 2/2/2011, Entered: None
NOTICE OF REMOVAL from Circuit Court for the City of Newport News, Virginia, case number 700CL1002380F-15. Filing Fee $ 350, receipt number 44683002190, filed by City of Newport News, James D. Fox, Neil A. Morgan, J. F. Gayle, Justin E. Briggs. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 cover letter, # 4 Receipt)(jcow, ) (Entered: 02/03/2011)
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