ORDER: As these disbursements were consistent with thesettlement agreement and the Court's July 14 Opinion, the Court APPROVES the disbursement. A copy of this order was forwarded to all counsel of record on 12/30/14. Signed by District Judge Henry C. Morgan, Jr and filed on 12/30/14. (tbro) (Entered: 12/30/2014)
OPINION AND ORDER dismissing as moot 116 Motion to Sever; granting 130 Motion for Settlement; and granting 135 Motion for Attorney Fees. This action is DISMISSED WITH PREJUDICE, but the Court retains jurisdiction to enforce the settlement. Defendant is ORDERED to disburse funds in conformance with the agreement by July 28, 2014. The Court ORDERS the parties to submit a report concerning the disbursement of the reserve fund within 134 days of the entry of this Opinion and Order. Signed by District Judge Henry C. Morgan, Jr on 7/14/14 and filed 7/14/14. (tbro) (Entered: 07/15/2014)
Motion Hearing held before District Judge Henry C. Morgan, Jr. on 7/8/2014 re 130 Joint MOTION for Settlement:James Shoemaker, Jr. and Cindra Dowd present on behalf of the plaintiffs; William Furr and Heather Mullen present on behalf of the defendant; Comments of court and counsel. Court to approve settlement and issue an order. Funds to be paid by July 28, 2014. Court adjourned. (Court Reporter Paul McManus.)(lhow) (Entered: 07/08/2014)
Memorandum in Support re 130 Joint MOTION for Settlement (Supplemental) filed by All Plaintiffs. (Attachments: # 1 Affidavit of James H. Shoemaker, Jr., # 2 Exhibit 2 - Model 5)(Shoemaker, James) (Entered: 07/02/2014)
ORDER re: 130 Motion for Settlement. The Court GRANTS final certification of the FLSA collective action for purposes of settlement only. The Court SETS the hearing for final approval of the settlement agreement for July 8, 2014 at 11:00 a.m. The Parties are ORDERED to send a notice of the proposed settlement to all the class members in conformity with this Order by June 16, 2014. Any class members objecting to the settlement shall file such objections by 5:00 p.m. on June 30, 2014. The parties shall have until 5:00 p.m. on July 3, 2014 to file a response to any objections. Signed by District Judge Henry C. Morgan, Jr on 6/4/14 and filed on 6/5/14. (tbro) (Entered: 06/05/2014)
Memorandum in Support re 130 Joint MOTION for Settlement filed by City of Norfolk, Virginia. (Attachments: # 1 Exhibit Notice, # 2 Affidavit)(Furr, William) (Entered: 05/15/2014)
TRANSCRIPT of proceedings (Teleconference) held on 01/29/2014, before Judge Henry Coke Morgan, Jr., Court Reporter/Transcriber Heidi Jeffreys, Telephone number 757-222-7075. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 7/15/2014. Release of Transcript Restriction set for 8/13/2014.(jeffreys, heidi) (Entered: 05/15/2014)
TRANSCRIPT of proceedings held on 08/28/2013, before Judge Henry Coke Morgan, Jr., Court Reporter/Transcriber Heidi Jeffreys, Telephone number 757-222-7075. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 7/15/2014. Release of Transcript Restriction set for 8/13/2014.(jeffreys, heidi) (Entered: 05/15/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: by James Harrell Shoemaker, Jr, Richard James Serpe on behalf of Christopher P. Janicki (vwar) (Entered: 03/19/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: by James Harrell Shoemaker, Jr, Richard James Serpe on behalf of Derek T. Condon (vwar) (Entered: 03/19/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: by James Harrell Shoemaker, Jr, Richard James Serpe on behalf of Raymond C. Cook, Sarah Farrell (vwar) (Entered: 03/19/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: by James Harrell Shoemaker, Jr, Richard James Serpe on behalf of Daphne M. Perkins, Craig W. White (vwar) (Entered: 03/19/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: Larry S. Ryan, Ronald M. Hamby, Jr., Ronald I. Godwin, James R. Crist, Alan K. Johnson, Terry Gibbs, Vincent Tocco, Mark Lewis, Sarah Bennett, Apolinar Lopez, Candice House, David E. Brown, Steven D. Toth, Matthew S. Harris, Adam C. Merritt, Jeffrey A. Diener, Richard J. Creamer, Christopher John Beason, Kellen T. Walters, Melissa Carow, Casie L. Bressette, Greggory D. Bressette, Jason M. Reed, Lorenzo Scarbor, Robert Mantens,Alan C. Epstein, Jacob Matthrw Visingardi. (bgra) (Entered: 03/05/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: Justin Lee Peele, Ronald I. Godwin, Steven S. Price, Demetrius Rashad Taylor, Timothy L. Stott, Ricardo Reyes, Jr., Ashlea N. Pittman, Francis C. Bodner, Alan B. Driskell, Jr., Lewis Achorn, James E. Smith, Chad A. Wacker, Jose Torres, Jordan Michael Kennedy, Marc S. Posch, Robert Jacobs, Guadencio D. Dajero, Jeffery M. Balen, Thomas Horan, Steven Andrew Sweder, Lance Roberson, Adam P. Delurenoy. (tbro) (Entered: 02/21/2014)
Memorandum in Support re 118 MOTION to Compel Complete Discovery Responses filed by City of Norfolk, Virginia. (Attachments: # 1 Exhibit Exhibits 1-6, # 2 Exhibit Exhibits 7-10)(Stahly, Monica) (Entered: 02/17/2014)
Memorandum in Support re 116 MOTION to Sever and to Decertify Collective Action filed by City of Norfolk, Virginia. (Furr, William) (Entered: 02/15/2014)
MOTION to Sever and to Decertify Collective Action by City of Norfolk, Virginia. (Attachments: # 1 Exhibit Exhibits 1-2, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibits 4-18)(Furr, William) (Entered: 02/15/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of John R. Howard, Antwon Stevenson (Shoemaker, James) (Entered: 02/14/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: John Lamont Palmer, Lorenzo A. Pittman, Brian e. Lee, Charles D. Ball, Todd Davis Day, Oscar A. Bernal (afar) (Entered: 02/13/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: Peter Farnsworth,, Casi J. Howard, William Thomas Old, III, Sheldon J. Davis, Errol D. Pierre, Thomas E. Mogush, Jr., Jennifer M. Baron, Sandra M. Parker, Neil Gardner, Michael J. Lynch, John P. Buonadnna, Jr., Jaclyn Hathaway, John M. Haithcock (afar) (Entered: 02/13/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: Kevin A. Purnell, Daniel A. Beasley, Gilda Beth Klein, Geoffrey Todd Phillips, Kristen E. Wollesen, Brandon Goins, Michael M. Chafee, Courtney D. Fancher, Robert C. Kenter, Thomas Infantino, Timothy Richard Beandoin, Ryan Logan, Damon Williams, Victor M. Montaluo, Benjamin R. Wade, Michael Millard, Michael R. Bailey, Bennie L. Wynkoop, Luis A. Lalome, Christopher S. Brinkley (afar) (Entered: 02/13/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: Andrew Dowey, Andrew Curtis Mahrenholz, Eric Bertram, Steven D. Bissett, Craig Shannon Lovelace, Ryan Batteen, Andros D. Neal, James Evan Mont, Willam Edward Daruk (afar) (Entered: 02/12/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: Ademola Titcombe, Brian Daley, Wendy Hlebinsky, John Michael Hlebinsky, Paul A. Kavanek, Jeffrey G. Garris, Bradley A. Elmer, Jacob Medley, Christopher J. Clarke, Nathan L. Ford, Warren Snyder, Sandra Coleman, Jesse A. Gomez, Robert W. Dickason (afar) (Entered: 02/11/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: Bryan Keith Flores, Frankie B. Gregory, Tony Ostulano, John C. Long, Mark A. Catalano, Steven Michael Lewis, Steve Alan Moxey, Jr., Craig Gardner, James Stalcup, (afar) (Entered: 02/11/2014)
Memorandum in Support re 102 Joint MOTION Agreed Federal Rule of Evidence 502(d) Order (PLAINTIFFS' AND DEFENDANT'S JOINT MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER AND AGREED FEDERAL RULE OF EVIDENCE 502(D) ORDER), 101 Joint MOTION for Protective Order (PLAINTIFFS' AND DEFENDANT'S JOINT MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER AND AGREED FEDERAL RULE OF EVIDENCE 502(D) ORDER) filed by City of Norfolk, Virginia. (Stahly, Monica) (Entered: 02/11/2014)
Joint MOTION Agreed Federal Rule of Evidence 502(d) Order (PLAINTIFFS' AND DEFENDANT'S JOINT MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER AND AGREED FEDERAL RULE OF EVIDENCE 502(D) ORDER) by City of Norfolk, Virginia. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stahly, Monica) (Entered: 02/11/2014)
Joint MOTION for Protective Order (PLAINTIFFS' AND DEFENDANT'S JOINT MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER AND AGREED FEDERAL RULE OF EVIDENCE 502(D) ORDER) by City of Norfolk, Virginia. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stahly, Monica) (Entered: 02/11/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Christopher A. Bolen, Sean P. Garrison, Dereck R. Jamison, William T. Old, III (Shoemaker, James) (Entered: 02/10/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Mitchel Ashton, Randall W. Gillespie (Shoemaker, James) (Entered: 02/07/2014)
Consent to Become a Party Plaintiff: Terrence McGowan, Wallace Folscher, Jr., Antonio M. Barrera, Ward Stalker, Dawn Pratt, Antoine A. Arrage, Jr. (afar) (Entered: 02/07/2014)
Consent to Become a Party Plaintiff: Jason Lee Carey, Keith Ballard, Theodore R. Woods, Lynn Benson, Brock A. Martin,John A. Schraft, Jr. (afar) (Entered: 02/07/2014)
Motion Hearing by telephone before District Judge Henry C. Morgan, Jr held on 1/29/2014 re 58 MOTION for Summary Judgment filed by City of Norfolk, Virginia, 69 MOTION for Extension of Time to File Response to Defendant's Motion for Summary Judgment as to Count II of Complaint filed by All Plaintiffs, 60 Motion to Certify a Question of Law to the Supreme Court of Virginia filed by City of Norfolk, Virginia, 55 MOTION for Leave to File First Amended Complaint filed by All Plaintiffs, 53 MOTION to Compel Discovery responses filed by All Plaintiffs, 77 PLAINTIFFS' AND DEFENDANT'S JOINT MOTION FOR CONTINUANCE OF TRIAL filed by City of Norfolk, Virginia, 29 MOTION to Certify Class and for Conditional Collective Action Certification filed by All Plaintiffs, 79 MOTION for Leave to File Supplemental Brief filed by City of Norfolk, Virginia. Arguments of counsel heard. Court made comments, findings and rulings: 29 Motion to Certify Class GRANTED. Plaintiff to serve notice on 1/31/14 and allow 14 days for responses; 55 Motion to File 1st Amended Complaint resolved by agreed order; 58 Motion for Summary Judgment - DENIED; 60 Motion to Certify Question of VA Supreme Court - DENIED; 77 Joint Motion to Continue - DENIED; 79 Motion to file Supplemental Brief DENIED. The Final Pretrial Conference is hereby rescheduled for 2/24/14 at 2:30 p.m. A hearing on any remaining pretrial motions is set for 2/24/14 at 11:00 a.m. The Court recommended that the parties schedule a settlement conference on 2/19/14 with Magistrate Judge Tommy E. Miller. Jury trial remains set for 3/4/14, 10:00 a.m. in Norfolk Courtroom 2. Court adjourned. (Final Pretrial Conference set for 2/24/2014 at 02:30 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.; Pretrial Conference set for 2/24/2014 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.) (Court Reporter Heidi Jeffreys, OCR.)(lbax, ) (Entered: 02/06/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Benjamin Watson (Shoemaker, James) (Entered: 02/06/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff: Daniel Lautenbacher, Angel Reyes, Randal Paschal, Stephen Bailey, Ternarian Warren, Anthony Gautierrez, Matthew Nordan, Wayne Ricci, Jason Gauthier, Anthony Sellers (afar) (Entered: 02/05/2014)
ORDER DENYING 58 Motion for Summary Judgment; 60 Question Certification Motion, 77 Motion to Continue, and 79 Motion to Supplement. Plaintiffs' amendment Motion 56 is DENIED AS MOOT, while the Joint Amendment Motion 81 is GRANTED. Finally, Plaintiffs' Class Certification Motion 29 is GRANTED. Signed by District Judge Henry C. Morgan, Jr on 2/3/14. (afar) (Main Document 90 replaced on 2/4/2014) (afar, ). (Entered: 02/04/2014)
ORDER that plaintiff's First Amended Complaint be deemed filed as of the date of this order; that the defendant has 7 days from entry of this order to file an answer to the amended complaint. Signed by District Judge Henry C. Morgan, Jr on 2/3/14. (afar) (Entered: 02/03/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Paul J. Fedorko (Shoemaker, James) (Entered: 01/28/2014)
REPLY to Response to Motion re 60 MOTION Certify a Question of Law to the Supreme Court of Virginia filed by City of Norfolk, Virginia. (Mullen, Heather) (Entered: 01/27/2014)
Memorandum in Support re 81 Joint MOTION for Leave to File the First Amended Complaint and Answer filed by City of Norfolk, Virginia. (Stahly, Monica) (Entered: 01/25/2014)
Joint MOTION for Leave to File the First Amended Complaint and Answer by City of Norfolk, Virginia. (Attachments: # 1 CONSENT ORDER)(Stahly, Monica) (Entered: 01/25/2014)
MOTION for Leave to File Supplemental Brief by City of Norfolk, Virginia. (Attachments: # 1 Exhibit Supplemental Memorandum)(Furr, William) (Entered: 01/25/2014)
Memorandum in Support re 77 MOTION to Continue (PLAINTIFFS' AND DEFENDANT'S JOINT MOTION FOR CONTINUANCE OF TRIAL) filed by City of Norfolk, Virginia. (Stahly, Monica) (Entered: 01/24/2014)
MOTION to Continue (PLAINTIFFS' AND DEFENDANT'S JOINT MOTION FOR CONTINUANCE OF TRIAL) by City of Norfolk, Virginia. (Attachments: # 1 Consent Order)(Stahly, Monica) (Entered: 01/24/2014)
Memorandum in Opposition re 60 MOTION Certify a Question of Law to the Supreme Court of Virginia filed by All Plaintiffs. (Shoemaker, James) (Entered: 01/23/2014)
ORDER GRANTING 69 Motion for Extension of Time to File Response to 58 Motion for Summary Judgment; GRANTING 71 Motion for Extension of Time to File Response to 60 Motion to Certify Question of State Law to the Supreme Court of VA. Response is due by 1/23/2014 and due to limited time remaining before the final pretrial conference and trial the Reply is due by 1/27/2014. Signed by District Judge Henry C. Morgan, Jr. on 1/17/14 and filed 1/17/14. (lbax, ) (Entered: 01/17/2014)
Memorandum in Support re 71 MOTION for Extension of Time to File Response/Reply as to 60 MOTION Certify a Question of Law to the Supreme Court of Virginia filed by All Plaintiffs. (Shoemaker, James) (Entered: 01/17/2014)
MOTION for Extension of Time to File Response/Reply as to 60 MOTION Certify a Question of Law to the Supreme Court of Virginia by All Plaintiffs. (Shoemaker, James) (Entered: 01/17/2014)
Memorandum in Support re 69 MOTION for Extension of Time to File Response to Defendant's Motion for Summary Judgment as to Count II of Complaint filed by All Plaintiffs. (Shoemaker, James) (Entered: 01/17/2014)
MOTION for Extension of Time to File Response to Defendant's Motion for Summary Judgment as to Count II of Complaint by All Plaintiffs. (Shoemaker, James) (Entered: 01/17/2014)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Matthew Loesch (Shoemaker, James) (Entered: 01/15/2014)
Memorandum in Opposition re 55 MOTION for Leave to File First Amended Complaint filed by City of Norfolk, Virginia. (Mullen, Heather) (Entered: 01/13/2014)
Memorandum in Support re 60 MOTION Certify a Question of Law to the Supreme Court of Virginia filed by City of Norfolk, Virginia. (Mullen, Heather) (Entered: 01/07/2014)
MOTION Certify a Question of Law to the Supreme Court of Virginia by City of Norfolk, Virginia. (Attachments: # 1 Proposed Order Certification Order)(Mullen, Heather) (Entered: 01/07/2014)
Brief in Support to 58 MOTION for Summary Judgment filed by City of Norfolk, Virginia. (Attachments: # 1 Exhibit A House Bill No. 2712, # 2 Exhibit B 2001 Fiscal Impact Statment, # 3 Exhibit C JLARC Fiscal Impact Review, # 4 Exhibit D VA Acts of Assembly amendment, # 5 Exhibit E Commission on Local Govt, Estimate of Local Fiscal Impact)(Mullen, Heather) (Entered: 01/07/2014)
Memorandum in Opposition re 53 MOTION to Compel Discovery responses filed by City of Norfolk, Virginia. (Attachments: # 1 Supplement A)(Fox, Andrew) (Entered: 01/06/2014)
Memorandum in Support re 55 MOTION for Leave to File First Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit A - redlined comparison, # 2 Exhibit B - Clean signed first amended complaint)(Shoemaker, James) (Entered: 12/30/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of John L. Hines, II, Justin Lovewell, Quacine A. Tomlinson (Shoemaker, James) (Entered: 12/03/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Rodney C. Williams (Shoemaker, James) (Entered: 12/02/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Michael L. Giraudo, Joshua Mark Hathaway, Joshua R. McMullen (Shoemaker, James) (Entered: 11/27/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of John M. Tolson, Jr. (Shoemaker, James) (Entered: 11/22/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Dexter M. Bailey, Jr., David L. Todd (Shoemaker, James) (Entered: 11/21/2013)
ORDER granting 44 Motion for Extension of Time to Complete Discovery and is extended to 2/12/14. Signed by District Judge Henry C. Morgan, Jr on 11/18/13. (afar) (Entered: 11/19/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Ronald N. Bowers, Tyler Poole, Mark D. Rychen (Shoemaker, James) (Entered: 11/19/2013)
Memorandum in Support re 44 MOTION for Extension of Time to Complete Discovery filed by All Plaintiffs. (Attachments: # 1 Proposed Order)(Shoemaker, James) (Entered: 11/18/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Steven D. Stevens (Shoemaker, James) (Entered: 11/18/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of David M. Almeida, Jr., Alyce Clark, Joshua A. Lanich, Norman G. Mones, Jeremiah M. Rogers, Joseph V. Simpson (Shoemaker, James) (Entered: 11/14/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Michael P. Hughes, Delano J. Johnson, Christopher Scott Lambert, Andrew J. Mondie, Bailey E. Townsend (Shoemaker, James) (Entered: 11/08/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Robert Rivera, III (Shoemaker, James) (Entered: 11/08/2013)
REPLY to Response to Motion re 29 MOTION to Certify Class and for Conditional Collective Action Certification filed by All Plaintiffs. (Shoemaker, James) (Entered: 10/23/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Chad A. Daniels (Shoemaker, James) (Entered: 10/23/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Brian Frank Emerson, Thomas J. Hartlove, Bryan S. Measel, Steven T. Nestoryak, Daniel C. Shelton (Shoemaker, James) (Entered: 10/17/2013)
Memorandum in Opposition re 29 MOTION to Certify Class and for Conditional Collective Action Certification filed by City of Norfolk, Virginia. (Fox, Andrew) (Entered: 10/16/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Shauna P. Freeman (Shoemaker, James) (Entered: 10/08/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Aaron D. Morris, Neal Alan Robertson (Shoemaker, James) (Entered: 10/07/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Robert D. Lewis (Shoemaker, James) (Entered: 10/01/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Benjamin C. Kubik, Eric A. Ortiz, Malindes Greg Robinson (Shoemaker, James) (Entered: 09/25/2013)
Motion Hearing before District Judge Henry C. Morgan, Jr. held on 8/28/2013 re 14 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted // MOTION to Dismiss for Lack of Jurisdiction Under Federal Rule 12(b)(1) filed by City of Norfolk, Virginia. Appearances: James H. Shoemaker, Jr. and Cindra M. Dowd appeared for the Plaintiff; Andrew Fox appeared for the Defendant. Arguments of counsel heard. Comments of Court. The Court takes the motion under advisement and will issue an order as to its findings. (Court Reporter Heidi Jeffreys, OCR.)(lbax, ) (Entered: 08/28/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Kelly L. Scahill (Shoemaker, James) (Entered: 06/19/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Brandon Allison, William Kent Cogswell, Melvin O. Grover, III, Joseph McCarthy (Shoemaker, James) (Entered: 06/14/2013)
Rule 16(b) Scheduling Order. Final Pretrial Conference set for 2/19/2014 at 11:00 AM in Norfolk Courtroom 2; Jury Trial set for 3/4/2014 at 10:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr. Signed by District Judge Henry C. Morgan, Jr. on 5/9/13 and filed 5/21/13. (lbax, ) (Entered: 05/21/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Kristin W. Harris, Krissie M. Whiteside, Payton L. Wosk (Shoemaker, James) (Entered: 05/07/2013)
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 5/6/2013 at 09:30 AM in Norfolk. Signed by Magistrate Judge Tommy E. Miller on April 15, 2013. (sche) (Entered: 04/16/2013)
REPLY to Response to Motion re 14 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss for Lack of Jurisdiction Under Federal Rule 12(b)(1) filed by City of Norfolk, Virginia. (Fox, Andrew) (Entered: 04/10/2013)
Memorandum in Opposition re 14 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss for Lack of Jurisdiction Under Federal Rule 12(b)(1) filed by All Plaintiffs. (Shoemaker, James) (Entered: 04/04/2013)
ORDER granting 16 Motion for Extension of Time to File Response/Reply re 14 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss for Lack of Jurisdiction Under Federal Rule 12(b)(1). It is hereby ORDERED that the Plaintiffs have until Thursday, April 4,2013, to respond to Defendant's Motion to Dismiss. Signed by Magistrate Judge Tommy E. Miller and filed on 3/21/2013. (bnew) (Entered: 03/21/2013)
Memorandum in Support re 16 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss for Lack of Jurisdiction Under Federal Rule 12(b)(1) filed by All Plaintiffs. (Shoemaker, James) (Entered: 03/18/2013)
MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss for Lack of Jurisdiction Under Federal Rule 12(b)(1) by All Plaintiffs. (Shoemaker, James) (Entered: 03/18/2013)
Memorandum in Support re 14 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss for Lack of Jurisdiction Under Federal Rule 12(b)(1) filed by City of Norfolk, Virginia. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Fox, Andrew) (Entered: 03/08/2013)
MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted, MOTION to Dismiss for Lack of Jurisdiction Under Federal Rule 12(b)(1) by City of Norfolk, Virginia. (Fox, Andrew) (Entered: 03/08/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of Donald K Burns, Ollan N. Burruss, Joshua A Cable, Marcus Chevres, Phillip R. Dixon, Jr, Johnson Lee Freeman, Jr, Steven J. Haag, Thomas Herbst, Valencia J. Keese, Daniel H. Love, Clifton B. Lyons, Michele Naughton, Marko I. Padilla, Donnie Garfield Small, Christopher Randall Smith (Shoemaker, James) (Entered: 02/07/2013)
ORDER granting 8 Motion for Extension of Time to File - it is hereby ORDERED that the Plaintiffs shall have until February 19. 2013, to effect service of process in this action. Signed by District Judge Henry C. Morgan, Jr., and filed on 2/6/2013. (bnew) (Entered: 02/07/2013)
Memorandum in Support re 8 Joint MOTION for Extension of Time to Effect Service filed by All Plaintiffs, City of Norfolk, Virginia. (Shoemaker, James) (Entered: 02/05/2013)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of All Plaintiffs, Bryan M. Carey, Frank F. Ferchland, Brian T. Finn, DeAndre L. Hyman, Leldon D. Sapp, Joshua C. Smith, Fritz E. Trojahn (Shoemaker, James) (Entered: 11/30/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by James Harrell Shoemaker, Jr on behalf of All Plaintiffs, Jamie C. Almeida, Se'kou Bangoura, David Aaron Benjamin, Randolph Brann, Timothy C. Carlisle, Joseph Park Carpenter, William A. Conway, Arielle D. Crumble, Adam Michael Doran, Carla B. Douglas, Kenneth M. Fanelli, Robert N. Fields, III, Brian Michael Germondo, Joshua Lee Hall, Eric M. Henderson, William A. Hicks, Lester A. Ibarra, Richard M. Jackson, Ignacio A. Keeling, Timothy D. Keough, Jon M. Kim, Brent Leatherman, Leroy E. Lewis, III, Michael Loftin, La'Toya N. Mitchell, Gerrold R. Moore, John W. Murphy, Jean Claude Noel, Kenneth James O'Toole, Charles E. Payne, Rikki L. Schwab, Jeffrey D. Scott, Benjamin Serrano, Roy C. Sharp, III, Kaiser J. Simien, Matthew C. Spencer, Catrinna Swenson, Kermit L. Tennis, Breanne Tolson, Xiolmarie Vega, Sherrie L. Villalobos, Harry Warren, Ali D. Williams, Melinda G. Wray (Shoemaker, James) (Entered: 11/16/2012)
COMPLAINT against City of Norfolk, Virginia ( Filing fee $ 350, receipt number 24683017233.), filed by William Keith Winingear, et al. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Cover Letter, # 4 Receipt)(bnew) (Entered: 10/12/2012)
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