Arnlund, et al v. Smith, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 3:01-cv-00105
District Judge James R. Spencer, presiding
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District Judge James R. Spencer
Last Updated September 8, 2016 at 4:48 AM EDT (8.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Bert E. Arnlund, Plaintiff

Represented by Law Offices of Steven S. Biss

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven Scott Biss +1 804 643 2090 +1 202 318 4098 stevenbiss@earthlink.net
No Logo Daniel P. Mahoney, Plaintiff
No Logo Donald H. Duncan, Plaintiff
No Logo Gregory L. Freeman, Plaintiff
No Logo John C. Cullather, Plaintiff
No Logo Joseph Graziano, Plaintiff
No Logo Robert J. D'Amico, Plaintiff
v.
No Logo Alexander Alexander, Defendant
No Logo Eugene P. Trani, Defendant
No Logo A-ARTISAN, Defendant
Officially listed as "Lawrence N. Smith"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John C. Ivins, Jr. +1 804 771 9587 +1 804 644 0957

Represented by Wright Robinson McCammon Osthimer & Tatum

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Everette G. Allen, Jr. +1 804 545 1516 +1 804 545 1501
No Logo Robert L. Burrus, Jr., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David C. Bryan

Represented by Morris & Morris, PC

Name Phone Fax E-Mail
Space JAMES W. MORRIS, III +1 804 344 8300 +MDL TER MINATED
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Robert Ward +1 804 344 8300 +MDL TER MINATED mward@morrismorris.com
No Logo William C. Derusha, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Samuel Walter Hixon, III +1 804 643 1991

Represented by Law Offices of James J. Burns

Name Phone Fax E-Mail
Space James Joseph Burns +1 804 323 6420
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 160 - Contract: Stockholders' Suits
Timeline
  Entries (35) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 35 Filed: 10/21/2002, Entered: None Court Filing
ORDER DISMISSED AGREED that on joint motion of plaintiffs and defendants to dismiss this action with prejudice, it appearing to the Court that the parties have settled all disputes and controversies between them and wish to have this matter dismissed agreed; it is ORDERED that the parties' joint motin is granted; this action is dismissed with prejudice; each party shall bear its own costs; the Court shall retain jurisdiction to enforce and adjudicate any and all disputes concerning or arising from the settlement of this matter and/or this dismissal Order; (signed by Judge James R. Spencer ) Copies Mailed: y [EOD Date: 10/21/02] (thom) Modified on 10/22/2002 (Entered: 10/21/2002)
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Legal Document (Payment Possibly Required) 34 Filed: 10/17/2002, Entered: None
USCA Order that the Court dismisses this appeal as and for the mandate, upon such terms as have been agreed to by the parties; (thom) (Entered: 10/22/2002)
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Legal Document (Payment Possibly Required) 33 Filed: 9/6/2002, Entered: None Court Filing
ORDER all proceedings are stayed until further order of the Court;on 10/16/02 the parties shall communicate w/the Court respecting the status of this action ( signed by Judge James R. Spencer ) Copies Mailed: yes [EOD Date: 9/6/02] (cgar) (Entered: 09/06/2002)
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Legal Document (Payment Possibly Required) 32 Filed: 6/28/2002, Entered: None
NOTICE OF APPEAL OF [25-1] order by Bert E. Arnlund, John C. Cullather, Robert J. D'Amico, Donald H. Duncan, Gregory L. Freeman, Joseph Graziano, Daniel P. Mahoney. FILING FEE $ 105.00 RECEIPT # 64146; (TPO pkg. mailed) (thom) (Entered: 07/01/2002)
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Legal Document (Payment Possibly Required) 31 Filed: 6/28/2002, Entered: None
Rule 26 Disclosure by John C. Cullather (thom) (Entered: 07/01/2002)
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Legal Document (Payment Possibly Required) 30 Filed: 6/26/2002, Entered: None Court Filing
Protective Order and (Confidentiality Agreement) See Order for details; ( signed by Judge James R. Spencer ) Copies Mailed y (thom) (Entered: 06/26/2002)
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Legal Document (Payment Possibly Required) 29 Filed: 6/24/2002, Entered: None
ANSWER by Lawrence N. Smith, William C. Derusha, Robert L. Burrus Jr., Eugene P. Trani, Alexander Alexander to Second amended complaint (thom) (Entered: 06/25/2002)
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Legal Document (Payment Possibly Required) 28 Filed: 6/21/2002, Entered: None
Stipulations filed by Bert E. Arnlund, John C. Cullather, Robert J. D'Amico, Donald H. Duncan, Gregory L. Freeman, Joseph Graziano, Daniel P. Mahoney (thom) (Entered: 06/24/2002)
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Legal Document (Payment Possibly Required) 27 Filed: 6/13/2002, Entered: None
TRANSCRIPT for date of 6/13/02 hearing before the Honorable James R. Spencer (thom) (Entered: 06/14/2002)
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Legal Document (Payment Possibly Required) 26 Filed: 6/7/2002, Entered: None
Consent MOTION by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence N. Smith to Extend Time to File Answer from 6/10/02 until 6/24/02 (thom) (Entered: 06/07/2002)
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Legal Document (Payment Possibly Required) 25 Filed: 5/29/2002, Entered: None Court Filing
ORDER granting in part with respect to the federal securities fraud claim and all common law claims of plaintiffs Arnlund, D'Amico, Duncan, Freeman, Graziano and Mahoney; these claims are DISMISSED with prejudice; defts motion to dismiss is GRANTED with respect to the federal securities fraud claim and all common law claims of plaintiff Cullather for shares of Heilig-Meyers Company purchased prior to issuance of the 5/30/00 Annual Report of Heilig-Meyers Company, as to which losses are claimed for having retained said shares; these claims are DISMISSED with prejudice; defts' Motion to Dismiss Plaintiffs' allegations concerning following statements is GRANTED: the Company was in a "classic turnaround situation"; the Company will pay dividends "when justified by the financial condition of the company", except as expressly mentioned above, the remainder of Defts' Motion is DENIED [10-1] ( signed by Judge James R. Spencer ) Copies Mailed: y [EOD Date: 5/29/02] (thom) (Entered: 05/29/2002)
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Legal Document (Payment Possibly Required) 24 Filed: 5/29/2002, Entered: None Court Filing
MEMORANDUM OPINION ( signed by Judge James R. Spencer ) Copies Mailed: y (thom) (Entered: 05/29/2002)
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Legal Document (Payment Possibly Required) 23 Filed: 5/24/2002, Entered: None Court Filing
PRETRIAL ORDER filed Jury Trial date 10:00 2/3/03 ( signed by Judge James R. Spencer ) Copies Mailed: yes (lcha) (Entered: 05/24/2002)
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Legal Document (Payment Possibly Required) 22 Filed: 5/24/2002, Entered: None
Minute entry: Spencer, J., Jeffry Kull, OCR. APPEARANCES: Parties by counsel. Matter came on for hearing on motions. Arguments heard. Matter taken under advisement. Pretrial conference held. Matter set for jury trial on 2/3/03 at 10:00 a.m. Pretrial Order to be entered. (1:05) (lcha) (Entered: 05/24/2002)
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Legal Document (Payment Possibly Required) 21 Filed: 5/24/2002, Entered: None
More Definite Statement of the Dates Plaintiff John C. Cullather Purchased Shares of Heilig-Meyers filed by plaintiff John C. Cullather (thom) (Entered: 05/24/2002)
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Legal Document (Payment Possibly Required) 20 Filed: 5/6/2002, Entered: None Court Filing
OBJECTION by plaintiff Bert E. Arnlund, plaintiff John C. Cullather, plaintiff Robert J. D'Amico, plaintiff Donald H. Duncan, plaintiff Gregory L. Freeman, plaintiff Joseph Graziano, plaintiff Daniel P. Mahoney, defendant Lawrence N. Smith, defendant William C. Derusha, defendant Robert L. Burrus Jr., defendant Eugene P. Trani, defendant Alexander Alexander to proceed before U.S. Magistrate Judge (included with Rule 26 Report) (thom) (Entered: 05/07/2002)
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Legal Document (Payment Possibly Required) 19 Filed: 3/28/2002, Entered: None Court Filing
ORDER granting [18-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence Smith to Continue Pretrial Conference; the conference shall be held on 5/24/02 at the conclusion of hearing on defts' Motion to Dismiss; ( signed by Judge James R. Spencer ) Copies Mailed: y [EOD Date: 3/28/02] (thom) (Entered: 03/28/2002)
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Legal Document (Payment Possibly Required) 18 Filed: 3/27/2002, Entered: None, Terminated: 3/28/2002
MOTION with Memorandum in Support by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence Smith to Continue Pretrial Conference (thom) (Entered: 03/27/2002)
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Legal Document (Payment Possibly Required) 17 Filed: 3/27/2002, Entered: None
Defts' NOTICE of Hearing on 5/24/02 at 9:00 am. before the Honorable James R. Spencer (thom) (Entered: 03/27/2002)
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Legal Document (Payment Possibly Required) 16 Filed: 3/12/2002, Entered: None Court Filing
ORDER that the undersigned hereby recuses himself from presiding over this action and it is herby ORDERED that this action is REASSIGNED to the Honorable James R. Spencer; ( signed by Judge Robert E. Payne ) Copies Mailed: y and via facsimile [EOD Date: 3/12/02] (thom) (Entered: 03/12/2002)
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Legal Document (Payment Possibly Required) 15 Filed: 2/11/2002, Entered: None
REPLY by Lawrence N. Smith, William C. Derusha, Robert L. Burrus Jr., Eugene P. Trani, Alexander Alexander to response in opposition to [10-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence Smith to Dismiss Second Amended Complaint pursuant to Rule 12(b)(6) (thom) (Entered: 02/12/2002)
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Legal Document (Payment Possibly Required) 14 Filed: 1/29/2002, Entered: None
RESPONSE in Opposition by Bert E. Arnlund, John C. Cullather, Robert J. D'Amico, Donald H. Duncan, Gregory L. Freeman, Joseph Graziano, Daniel P. Mahoney to [10-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William Derusha, Lawrence N. Smith to Dismiss Second Amended Complaint pursuant to Rule 12(b)(6) (thom) (Entered: 01/30/2002)
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Legal Document (Payment Possibly Required) 13 Filed: 1/18/2002, Entered: None
MEMORANDUM by Lawrence N. Smith, William C. Derusha, Robert L. Burrus Jr., Eugene P. Trani, Alexander Alexander in support of [10-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence N. Smith to Dismiss Second Amended Complaint pursuant to Rule 12(b)(6) (w/Affidvit of Michael R. Ward placed in brown expandable file) (thom) (Entered: 01/22/2002)
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Legal Document (Payment Possibly Required) 12 Filed: 12/19/2001, Entered: None Court Filing
ORDER (Consent Extension of Time) granting [11-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, N. Smith to Extend Time to File their Brief in Support of Motion to Dismiss the Second Amended Complaint; Defts shall file their brief in support of their Motion to Dismiss the Second Amended Complaint no later than 1/18/02; plaintiffs shall file reply briefs no later than 1/29/02; defts shall file rebuttal briefs, if any, no later than 2/11/01; ( signed by Judge Robert E. Payne ) Copies Mailed: y [EOD Date: 12/19/01] (thom) Modified on 12/19/2001 (Entered: 12/19/2001)
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Legal Document (Payment Possibly Required) 11 Filed: 12/18/2001, Entered: None, Terminated: 12/19/2001
MOTION (Consent) by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence N. Smith to Extend Time to File their Brief in Support of Motion to Dismiss the Second Amended Complaint (w/sketch Order Consent Extension of Time) (thom) (Entered: 12/19/2001)
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Legal Document (Payment Possibly Required) 10 Filed: 12/17/2001, Entered: None, Terminated: 5/29/2002
MOTION by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence N. Smith to Dismiss Second Amended Complaint pursuant to Rule 12(b)(6) (thom) (Entered: 12/18/2001)
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Legal Document (Payment Possibly Required) 9 Filed: 11/26/2001, Entered: None Amended Complaint
SECOND AMENDED COMPLAINT by Bert E. Arnlund, John C. Cullather, Robert J. D'Amico, Donald H. Duncan, Gregory L. Freeman, Joseph Graziano, Daniel P. Mahoney ; amending First Amended Complaint filed in U.S. Bankruptcy Court; jury demand (Filed per Order entered on 11/8/01) (thom) (Entered: 11/27/2001)
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Legal Document (Payment Possibly Required) 8 Filed: 11/8/2001, Entered: None Court Filing
CONSENT SCHEDULING ORDER that plaintiffs shall file their Second Amended Complaint by 11/26/01; defts. shall file their Motions to Dismiss directed to the Second Amended Complaint no later than 12/17/01; defts. shall file briefs in support of their motions no later than 1/7/02; plaintiffs shall file reply briefs no later than 1/18/02; defts. shall file rebuttal briefs, if any, no later than 1/29/02; ( signed by Judge Robert E. Payne ) Copies Mailed: [EOD Date: 11/8/01] (thom) (Entered: 11/08/2001)
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Legal Document (Payment Possibly Required) 7 Filed: 10/5/2001, Entered: None Court Filing
ORDER that it appearing that a Second Amended Complaint will be filed, it is hereby ORDERED that the Deft. shall have no obligation to answer or otherwise respond to Plaintiffs' First Amended Complaint filed as Dkt. #24 in the Bankruptcy Adversary Proceeding 01-06006-DOT on 9/19/01; on or before 10/31/01 the parties shall tender a proposed order with a revised schedule for filing the Second Amended Complaint and motions to dismiss, if any and briefing thereon ( signed by Judge Robert E. Payne ) Copies Mailed: y and by facsimile [EOD Date: 10/5/01] (thom) (Entered: 10/05/2001)
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Legal Document (Payment Possibly Required) 6 Filed: 9/26/2001, Entered: None Court Filing
ORDER that on 9/24/01 this matter was referred to the Honorable Dennis W. Dohnal, U.S. Magistrate Judge; the court finding that a related case, Arnlund et al. v. Deloitte & Touche, Case No. 3:01CV353 is being handled by the Honorable Robert E. Payne, hereby VACATES the order of 9/24/01 referring this matter to Judge Dohnal and REASSIGNS this matter to the Honorable Robert E. Payne; ( signed by Judge Richard L. Williams ) Copies Mailed: y and to Judge Dohnal and Judge Payne [EOD Date: 9/26/01] (thom) (Entered: 09/26/2001)
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Legal Document (Payment Possibly Required) 5 Filed: 9/24/2001, Entered: None Court Filing
(VACATED per Order entered 9/26/01) ORDER that this matter is REFERRED to the Honorable Dennis W. Dohnal, U.S. Magistrate Judge for all purposes, handling of all pretrial motions, and for trial if the parties execute the appropriate form consenting to the jurisdiction of the U.S. Magistrate Judge; the Clerk is DIRECTED to send the Consent to the Exercise of by U.S. Magistrate Judge; ( signed by Judge Richard L. Williams ) Copies Mailed: y [EOD Date: 9/24/01] (thom) Modified on 09/26/2001 (Entered: 09/24/2001)
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Legal Document (Payment Possibly Required) 4 Filed: 9/24/2001, Entered: None Court Filing
ORDER granting [3-1] motion by plaintiffs to Withdraw of Reference to the U.S. Bankruptcy Court and, granting [3-2] motion by plaintiffs to Transfer Case to the U.S. District Court for the Eastern District of Virginia, Richmond Division; ( signed by Judge Richard L. Williams ) Copies Mailed: y [EOD Date: 9/24/01] (thom) (Entered: 09/24/2001)
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Legal Document (Payment Possibly Required) 3 Filed: 9/19/2001, Entered: None, Terminated: 9/24/2001
MOTION (Consent) by plaintiffs to Withdraw Reference , and by plaintiffs to Transfer Case (thom) Modified on 09/20/2001 (Entered: 09/20/2001)
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Legal Document (Payment Possibly Required) 2 Filed: 2/22/2001, Entered: None Court Filing
ORDER that this matter is hereby REFERRED to the U.S. Bankruptcy Court for the Eastern District of Virginia; the Clerk of the Bankruptcy Court is DIRECTED to CONSOLIDATE this matter with the notice of removal of this matter filed therein; ( signed by Judge Richard L. Williams ) Copies Mailed: y and to U.S. Bankruptcy Court [EOD Date: 2/22/01] (jlil) (Entered: 02/22/2001)
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Legal Document (Payment Possibly Required) 1 Filed: 2/16/2001, Entered: None
Petition by Lawrence N. Smith, William C. Derusha, Robert L. Burrus Jr., Eugene P. Trani, Alexander Alexander for Referral to the U.S. Bankruptcy Court for the Eastern District of Virginia (scoo) (Entered: 02/20/2001)
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