Charles et al v. Front Royal Volunteer Fire and Rescue Department, Inc. et al
Philip A. Charles and David M. Ellinger |
Front Royal Volunteer Fire and Rescue Department, Inc. and David Santmyers |
Frederick County Sheriff's Office |
5:2013cv00120 |
December 23, 2013 |
US District Court for the Western District of Virginia |
Harrisonburg Office |
Michael F Urbanski |
James G Welsh |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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Filing 99 TRANSCRIPT of Proceedings: TRANSCRIPT OF JURY TRIAL DAY 5 held on 10/10/2014 before Judge Michael F. Urbanski. Court Reporter/Transcriber Sonia Ferris, email: sonia.ferris@gmail.com. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) 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.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 10/9/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/17/2020. (sad) |
Filing 98 TRANSCRIPT of Proceedings: TRANSCRIPT OF JURY TRIAL DAY 4 held on 10/9/2014 before Judge Michael F. Urbanski. Court Reporter/Transcriber Sonia Ferris, email: sonia.ferris@gmail.com. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) 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.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 10/9/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/17/2020. (sad) |
Filing 97 TRANSCRIPT of Proceedings: TRANSCRIPT OF JURY TRIAL DAY 3 held on 10/8/2014 before Judge Michael F. Urbanski. Court Reporter/Transcriber Sonia Ferris, email: sonia.ferris@gmail.com. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) 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.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 10/9/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/17/2020. (sad) |
Filing 96 TRANSCRIPT of Proceedings: TRANSCRIPT OF JURY TRIAL DAY 2 held on 10/7/2014 before Judge Michael F. Urbanski. Court Reporter/Transcriber Sonia Ferris, email: sonia.ferris@gmail.com. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) 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.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 10/9/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/17/2020. (sad) |
Filing 95 TRANSCRIPT of Proceedings: TRANSCRIPT OF JURY TRIAL DAY 1 held on 10/6/2014 before Judge Michael F. Urbanski. Court Reporter/Transcriber Sonia Ferris, email: sonia.ferris@gmail.com. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) 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.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 10/9/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/17/2020. (sad) |
Filing 94 Financial arrangements made (Original) (Ordinary-30 calendar days Service) re #93 Transcript Request, Transcript due by 9/23/2020. (sad) |
Filing 93 TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) for Jury Trial held on 10/06/2014 to 10/10/2014 reported by Court Reporter Sonia Ferris before Judge Michael F. Urbanski. Transcript Due Deadline will be set when Financial Arrangements are made. (sad) |
Filing 92 Exhibits Destroyed Plaintiff and Defendant Exhibits destroyed pursuant to W.D. Va. L.R. 12. (jat) |
Filing 91 Letter to Counsel to retrieve exhibits or they will be destroyed. (jat) |
Filing 90 Costs Taxed in amount of $ $3,092.69 against Philip Charles & David Ellinger. (Attachments: #1 Exhibit) (jat) |
Filing 89 ORDER granting in part as to Count II 70 Motion for Judgment as a Matter of Law; denying #86 Motion for Entry of Judgment under Rule 54(b); directing clerk to tax costs in the amount of $3,092.69 against the plaintiffs; dismissing the case from the docket. Signed by District Judge Michael F. Urbanski on 12/19/2014. (jat) |
Filing 88 MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 12/19/2014. (jat) |
Filing 87 RESPONSE in Opposition re #86 MOTION for Entry of Judgment under Rule 54(b) on Count II . filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Boyce, Dawn) |
Filing 86 MOTION for Entry of Judgment under Rule 54(b) on Count II by Philip A. Charles, David M. Ellinger. (Bosson, Timothy) |
Filing 85 BILL OF COSTS in the amount of $3092.69; by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers (Boyce, Dawn) |
Filing 84 ORAL ORDER Directing the clerk to provide food for deliberating jurors. Entered by District Judge Michael F. Urbanski on 10/10/2014. (jat) |
Filing 83 Jury List. (Attachments: #1 Random List with Alternates Selected)(jat) |
Filing 82 Final Jury Instructions.(jat) |
Filing 81 Jury Questions.(jat) |
Filing 80 JURY VERDICT for Defense.(jat) |
Filing 79 Minute Entry for proceedings held before District Judge Michael F. Urbanski: Jury Trial completed on 10/10/2014. Verdict for the Defense. (Court Reporter Sonia Ferris.) (jat) |
Filing 78 Jury Questions.(jat) |
Filing 77 Exhibit List - Jury Trial, Day 4.(jat) |
Filing 76 Minute Entry for proceedings held before District Judge Michael F. Urbanski: Jury Trial - Day 4 held on 10/9/2014. (Court Reporter Sonia Ferris.) (jat) |
Filing 72 Exhibit List - Jury Trial, Day 3.(jat) |
Filing 71 Minute Entry for proceedings held before District Judge Michael F. Urbanski: Jury Trial - Day 3 held on 10/8/2014, Motion Hearing held on 10/8/2014 re 70 ORAL MOTION for Judgment as a Matter of Law filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Court Reporter Sonia Ferris.) (jat) |
Filing 70 ORAL MOTION for Judgment as a Matter of Law by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (jat) |
Filing 69 Exhibit List - Jury Trial, Day 2.(jat) |
Filing 68 Minute Entry for proceedings held before District Judge Michael F. Urbanski: Jury Trial held on 10/7/2014. (Court Reporter Sonia Ferris.) (jat) |
Filing 67 Exhibit List - Jury Trial, Day 1.(jat) |
Filing 66 Minute Entry for proceedings held before District Judge Michael F. Urbanski: Jury Trial - Day 1 held on 10/6/2014. (Court Reporter Sonia Ferris.) (jat) |
Filing 65 Proposed Jury Instructions by Philip A. Charles, David M. Ellinger.(Bosson, Timothy) |
Filing 64 Proposed Jury Instructions by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Attachments: #1 Jury Instructions)(Boyce, Dawn) |
Filing 63 SECOND AMENDED TRIAL ORDER regarding Trial Order #41 , Amended Trial Order #42 . Signed by District Judge Michael F. Urbanski on 9/23/2014. (jat) |
Filing 62 Minute Entry for proceedings held before District Judge Michael F. Urbanski: Final Pretrial Conference held on 9/23/2014. (jat) |
Filing 61 NOTICE of Hearing: Final Pretrial Conference set by conference call for 9/23/2014 02:00 PM before District Judge Michael F. Urbanski. Parties have been emailed call in information. (jat) |
Filing 59 ORDER denying #45 Motion for Summary Judgment; denying #34 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Michael F. Urbanski on 9/18/2014. (jat) |
Filing 58 MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 9/18/2014. (jat) |
Filing 57 AFFIDAVIT by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers (Attachments: #1 Exhibit Financial Statement 2008-2009, #2 Exhibit Financial Statement 2009-2010, #3 Exhibit Financial Statement 2010-2011, #4 Exhibit Financial Statement 2011-2012)(Boyce, Dawn) |
Filing 56 DEPOSITION of David M. Ellinger taken on 5/9/2014 by Philip A. Charles, David M. Ellinger.(Bosson, Timothy) |
Filing 55 DEPOSITION of Philip Charles taken on 5/29/2014 by Philip A. Charles, David M. Ellinger.(Bosson, Timothy) |
Filing 54 DEPOSITION of David Santmyers taken on 5/28/2014 by Philip A. Charles, David M. Ellinger.(Bosson, Timothy) |
Filing 53 Minute Entry for proceedings held before District Judge Michael F. Urbanski: Motion Hearing held on 8/29/2014 re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers, #45 MOTION for Summary Judgment filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Court Reporter Judy Webb.) (mka) |
Filing 52 REPLY to Response to Motion re #45 MOTION for Summary Judgment . filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Attachments: #1 Exhibit 1 Affidavit of Mr. Kisner)(Boyce, Dawn) |
Filing 51 Brief / Memorandum in Opposition re #45 MOTION for Summary Judgment , #46 Brief / Memorandum in Support,, . filed by Philip A. Charles, David M. Ellinger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Bosson, Timothy) |
Filing 50 ANSWER to #31 Amended Complaint by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers.(Boyce, Dawn) |
Filing 49 RESPONSE TO ORDER TO SHOW CAUSE. filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Boyce, Dawn) |
Filing 48 ORDER TO SHOW CAUSE Show Cause Response due by 8/21/2014.. Signed by District Judge Michael F. Urbanski on 8/18/14. (kld) |
Filing 47 NOTICE of Hearing on Motion #45 MOTION for Summary Judgment : Motion Hearing set for Friday 8/29/2014 11:00 AM in Roanoke before District Judge Michael F. Urbanski. (sd) |
Filing 46 Brief / Memorandum in Support re #45 MOTION for Summary Judgment . filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Attachments: #1 Supplement Statement of Facts, #2 Exhibit Charles Ans to Rogs, #3 Exhibit Ellinger Ans to Rogs, #4 Exhibit Santmyers Dep. Tr., #5 Exhibit Letter to Ellinger, #6 Exhibit Bylaws, #7 Exhibit Charles Dep. Tr., #8 Exhibit Ellinger Dep. Tr., #9 Exhibit FRVFD Ans to Charles Rogs, #10 Exhibit FRVFD Ans to Ellinger Rogs, #11 Exhibit Affidavit (Kinser))(Boyce, Dawn) |
Filing 45 MOTION for Summary Judgment by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Boyce, Dawn) |
Filing 44 Magistrate Consent Notice to Parties. (kld) |
Filing 43 Minute Entry for proceedings held before Magistrate Judge James G. Welsh: Settlement Conference held on 8/8/2014. Mediation not successful. (kld) |
Filing 42 AMENDED TRIAL ORDER regarding Trial Order #41 . Signed by District Judge Michael F. Urbanski on 7/25/2014. (jat) |
Filing 41 TRIAL ORDER. Signed by District Judge Michael F. Urbanski on 7/18/14. (kld) |
Filing 40 Order Setting Settlement Conference Settlement Conference set for 8/8/2014 10:00 AM in Harrisonburg before Magistrate Judge James G. Welsh. Confidential Mediation Statements due 8/4/2014. Signed by Magistrate Judge James G. Welsh on 7/7/14. (kld) |
Filing 39 NOTICE of Hearing: Mediation Hearing set for 8/8/2014 10:00 AM in Harrisonburg before Magistrate Judge James G. Welsh. (kld) |
Filing 38 ORDER REFERRING CASE to Mediation. Signed by District Judge Michael F. Urbanski on 6/27/14. (kld) |
Filing 37 Minute Entry for proceedings held before Magistrate Judge James G. Welsh: Status Conference Call held in chambers on 6/26/2014. (kld) |
Filing 36 Brief / Memorandum in Opposition re #35 Brief / Memorandum in Support, #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by David M. Ellinger. (Bosson, Timothy) |
Filing 35 Brief / Memorandum in Support re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Boyce, Dawn) |
Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Boyce, Dawn) |
Filing 33 NOTICE of Telephonic Hearing: Status Conference Call set for 6/26/2014 03:30 PM in Harrisonburg before Magistrate Judge James G. Welsh. Ms. Boyce to set up call, once all parties are on the line, call the court at 540-434-3181 ext. 0.(kld) |
Filing 32 Minute Entry for proceedings held before Magistrate Judge James G. Welsh: Status Conference Call held in chambers on 5/29/2014. (kld) |
Filing 31 AMENDED COMPLAINT against Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers, filed by David M. Ellinger, Philip A. Charles.(Bosson, Timothy) |
Filing 30 ORDER granting in part and denying in part #5 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Michael F. Urbanski on 5/13/14. (kld) |
Filing 29 MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 5/13/14. (kld) |
Filing 28 Response Objection to Subpoena Duces Tecum. filed by Frederick County Sheriff's Office. (Williams, Roderick) |
Filing 27 NOTICE of Telephonic Hearing: Status Conference Call set for 5/29/2014 03:00 PM before Magistrate Judge James G. Welsh. Ms. Boyce to set up call, once all parties are on the line, call the court at 540-434-3181 ext. 0. (kld) |
Filing 26 Minute Entry for proceedings held before Magistrate Judge James G. Welsh: Status Conference Call held in chambers on 3/10/2014. (kld) |
Filing 25 Notice Rescheduling Hearing (No Interpreter requested) previously set for 3/17/14 at 9:00 A.M. before Judge Welsh. Status Conference Call RESET for 3/10/2014 02:00 PM before Magistrate Judge James G. Welsh. Defense to set up call, once all parties are on the line, call the court at 540-434-3181 ext. 0.(kld) |
Filing 24 NOTICE of Telephonic Hearing: Status Conference Call set for 3/17/2014 09:00 AM before Magistrate Judge James G. Welsh. Defense to set up call, once all parties are on the line, call the court at 540-434-3181 ext. 0.(kld) |
Filing 23 Notice of Cancellation of 3/4/14 Status Conference Call (No Interpreter requested). To be reset in the near future. (kld) |
Filing 21 NOTICE of Telephonic Hearing: Status Conference Call set for 3/4/2014 09:00 AM in Harrisonburg before Magistrate Judge James G. Welsh. Defense to set up call. Once all parties are on the line, call the court at 540-434-3181 ext. 0. (kld) |
Filing 20 Minute Entry for proceedings held before Magistrate Judge James G. Welsh: Initial Pretrial Conference held on 2/20/2014. (kld) |
Filing 19 ORAL ORDER REFERRING CASE to Mediation before Magistrate Judge James G. Welsh. Entered by District Judge Michael F. Urbanski on 2/20/2014. (jat) |
Filing 18 Minute Order for Proceedings held before District Judge Michael F. Urbanski: taking under advisement #5 Motion to Dismiss for Failure to State a Claim; Motion Hearing held on 2/20/2014. (Court Reporter Sonia Ferris.) (jat) |
Filing 17 Notice Rescheduling Hearing (No Interpreter requested) previously set for 2/13/14 at 3:00 pm before Judge Welsh : Initial Conference RESET for 2/20/2014 11:00 AM in Harrisonburg before Magistrate Judge James G. Welsh. (kld) |
Filing 16 Rule 26(f) Agreed Written Plan by Plaintiffs Philip A. Charles, David M. Ellinger, Defendants Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers (Bosson, Timothy) |
Filing 15 REPLY to Response to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Boyce, Dawn) |
Filing 14 NOTICE of Telephonic Hearing: Initial Conference Call set for 2/13/2014 03:00 PM before Magistrate Judge James G. Welsh. Plaintiff to set up call. Once all parties are on the line, call the court at 540-434-3181 ext. 0.(kld) |
Filing 13 SCHEDULING ORDER: Jury Trial set for 10/6/2014-10/8/2014 09:30 AM in Harrisonburg before District Judge Michael F. Urbanski, ORDER REFERRING CASE to Magistrate Judge James G. Welsh. Signed by District Judge Michael F. Urbanski on 2/3/14. (kld) |
Filing 12 NOTICE of Hearing on Motion #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 2/20/2014 09:00 AM in Harrisonburg before District Judge Michael F. Urbanski. (sd) |
Filing 11 RESPONSE in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Philip A. Charles, David M. Ellinger. (Hebda, Daniel) |
Filing 10 Scheduling Letter (kld) |
Filing 9 Magistrate Consent Notice to Parties. (kld) |
Filing 8 Negative Corporate Disclosure Statement by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers (Boyce, Dawn) |
Filing 7 ANSWER to #1 Complaint, by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers.(Boyce, Dawn) |
Filing 6 Brief / Memorandum in Support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Boyce, Dawn) |
Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers. (Boyce, Dawn) |
Filing 4 SUMMONS Returned Executed - served on David Santmyers on 12/27/2013, filed by Philip A. Charles, David M. Ellinger.(Bosson, Timothy) Modified on 1/27/2014 to correct docket text (kld). |
Filing 3 SUMMONS Returned Executed - served on Front Royal Volunteer Fire and Rescue Deptartment, Inc. RA J. Daniel Pond II on 12/31/2013, filed by Philip A. Charles, David M. Ellinger.(Bosson, Timothy) Modified on 1/27/2014 to correct docket text (kld). |
Filing 2 Summons Issued as to Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers.(jat) |
Filing 1 COMPLAINT against Front Royal Volunteer Fire and Rescue Department, Inc., David Santmyers (Filing & Administrative fee $ 400.00, Receipt No. 50002162), filed by David M. Ellinger, Philip A. Charles. 100 Day Notice due by 4/2/2014 120 Day Service due by 4/22/2014 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(jat) |
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