Creager et al v. Metropolitan Washington Airports Authority et al
| Lynn N. Sheeley, John M. Creager and Donna L. Creager |
| Philip G. Sunderland, Metropolitan Washington Airports Authority and Quince T. Brinkley, Jr. |
| 1:2014cv00270 |
| March 12, 2014 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Out of State |
| John F Anderson |
| T S Ellis |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Please disregard the previous docket entry, docketed in the wrong case(clar, ) |
| Per TRJ chambers motions set for 1/30/15 on the papers (clar, ) |
Filing 25
So Ordered re #24 Stipulation of Dismissal with prejudice as to all claims and parties filed by John M. Creager, Lynn N. Sheeley, Donna L. Creager. Signed by District Judge T. S. Ellis, III on 7/15/14. (klau, )
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| Filing 24 STIPULATION of Dismissal by Donna L. Creager, John M. Creager, Lynn N. Sheeley. (Jones, Heather) |
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Filing 23
ORDER, for the reasons discussed with counsel during a telephone conference on 6/23/14, it is hereby ORDERED that the stay previously imposed in this action is extended until 7/18/2014. If a stipulated order of dismissal has not been filed by 7/17/2014, counsel shall appear for a status conference before the undersigned on 7/18/2014 at 10 a.m. The status conference currently scheduled for 7/11/2014 is hereby cancelled. Signed by Magistrate Judge John F. Anderson on 6/23/2014. (rban, )
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| Set/Reset Hearings: Status Conference set for 7/18/2014 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (rban, ) |
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Filing 22
ORDER that all litigation related deadlines in this matter, including the time for defendant to respond to the amended complaint, are hereby stayed until July 11, 2014. If a stipulated order of dismissal has not been filed with the court by July 10, 2014, counsel shall appear for a status conference before the undersigned on Friday. July 11, 2014 at 10:00 a.m. The initial pretrial conference currently scheduled for June 25, 2014 in this matter is hereby cancelled and the parties are not required to submit a joint discovery plan until further order of the court. Signed by Magistrate Judge John F. Anderson on 6/3/14. (klau, )
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| Set Hearings: Status Conference set for 7/11/2014 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (klau, ) |
| Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Settlement Conference held on 6/2/2014. The conference lasted for FOUR (4) HOURS. (nbla, ) |
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Filing 21
SCHEDULING ORDER: Initial Pretrial Conference set for 6/25/2014 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 10/16/2014 at 01:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. Discovery due by 10/10/2014 (see order for details). Signed by District Judge T. S. Ellis, III on 5/29/14. (Attachments: #1 Magistrate Consent Form, #2 Pretrial Notice)(klau, )
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| Filing 20 AMENDED COMPLAINT with Jury Demand against Metropolitan Washington Airports Authority, filed by Donna L. Creager, Lynn N. Sheeley, John M. Creager.(Cohen, Peter) Modified text on 5/29/2014 (klau, ). |
| Set Hearing: Settlement Conference set for 6/2/2014 at 02:00 PM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (nbla, ) |
| Filing 17 TRANSCRIPT of proceedings held on 5/16/2014, before Judge Ellis, Court Reporter/Transcriber Michael Rodriquez, Telephone number 301-213-4913. 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 6/19/2014. Redacted Transcript Deadline set for 7/21/2014. Release of Transcript Restriction set for 8/18/2014.(rodriquez, michael) |
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Filing 19
ORDERED that defendants' motion to dismiss is denied in part and granted in part. Specifically, the motion is denied insofar as sovereign immunity does not bar the claim; the motion is granted insofar as the complaint fails to state a claim for breach of fiduciary duty; and accordingly, the case is dismissed without prejudice. It is further ORDERED that plaintiffs are granted leave to file an amended complaint by 5:00PM 5/28/2014. Defendants' answer or other responsive pleading pursuant to Rule 12, Fed. R. Civ. P. must then be filed by 5:00PM on 6/6/2014. Signed by District Judge T. S. Ellis, III on 05/19/2014. (mpha)
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| Filing 18 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 5/16/2014 re: Defendant's motion #7 to dismiss for failure to state a claim. Heather A. Jones present on behalf of Plaintiff. Joseph W. Santini & Morris Cletzkin present on behalf of defendant. Motion granted in part/denied in part. Motion dismissed w/ respect to fiduciary duty w/ leave for plaintiff to amend within 10 days. Order to follow. (Court Reporter Michael A. Rodriquez)(mpha) |
| Filing 16 REPLY to Response to Motion re #7 MOTION to Dismiss for Failure to State a Claim filed by Quince T. Brinkley, Jr, Metropolitan Washington Airports Authority, Philip G. Sunderland. (Attachments: #1 Exhibit)(Santini, Joseph) |
| Filing 15 Opposition to #7 MOTION to Dismiss for Failure to State a Claim filed by Donna L. Creager, John M. Creager, Lynn N. Sheeley. (Attachments: #1 Proposed Order)(Jones, Heather) |
| Filing 14 NOTICE of Appearance by Courtney Williams on behalf of Donna L. Creager, John M. Creager, Lynn N. Sheeley (Williams, Courtney) |
| Set Deadlines as to #7 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 5/16/2014 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) |
| Filing 13 Notice of Hearing Date set for 5/16/14 re #7 MOTION to Dismiss for Failure to State a Claim (Santini, Joseph) |
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Filing 12
ORDER granting #10 Motion for Extension of Time to File. ORDERED that the deadline for the Plaintiffs' Responsive Brief is extended to 5/5/2014; that the deadline for the Defendants' Rebuttal Brief is extended to 5/9/2014; the parties shall duly file a separate Notice of Hearing with respect to the agreed-upon 5/16/2014 hearing date for the Defendants' Motion to Dismiss. Signed by District Judge T. S. Ellis, III on 4/13/2014. (rban, )
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Filing 11
ORDER granting #9 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 4/12/2014. (rban, )
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| Filing 10 Consent MOTION for Extension of Briefing Deadlines in Local Rule 7(F) by Donna L. Creager, John M. Creager, Lynn N. Sheeley. (Attachments: #1 Proposed Order)(Jones, Heather) |
| Notice of Correction re #7 MOTION to Dismiss for Failure to State a Claim , The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (klau, ) |
| Filing 9 Motion to appear Pro Hac Vice by Morris Kletzkin and Certification of Local Counsel Joseph W. Santini Filing fee $ 75, receipt number 0422-3919131. by Quince T. Brinkley, Jr, Metropolitan Washington Airports Authority, Philip G. Sunderland. (Attachments: #1 Exhibit)(Santini, Joseph) |
| Filing 8 Memorandum in Support re #7 MOTION to Dismiss for Failure to State a Claim filed by Quince T. Brinkley, Jr, Metropolitan Washington Airports Authority, Philip G. Sunderland. (Attachments: #1 Exhibit)(Santini, Joseph) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim by Quince T. Brinkley, Jr, Metropolitan Washington Airports Authority, Philip G. Sunderland. (Attachments: #1 Proposed Order)(Santini, Joseph) |
| Filing 6 Affidavit of service Returned Executed as to Philip G. Sunderland served on 3/19/2014, answer due 4/9/2014 (klau, ) (Main Document 6 replaced on 3/27/2014) (klau, ). |
| Filing 5 Affidavit of Service Returned Executed as to Quince T. Brinkley, Jr served on 3/19/2014, answer due 4/9/2014 (klau, ) |
| Filing 4 Affidavit of Service Returned Executed as to Metropolitan Washington Airports Authority served on 3/19/2014, answer due 4/9/2014 (Attachments: #1 Letter)(klau, ) |
| Filing 3 NOTICE of Appearance by Peter Charles Cohen on behalf of Donna L. Creager, John M. Creager, Lynn N. Sheeley (Cohen, Peter) |
| Filing 2 Summons Issued and given to attorney for service by SPS as to Quince T. Brinkley, Jr, Metropolitan Washington Airports Authority, Philip G. Sunderland. (klau, ) |
| Filing 1 COMPLAINT with Jury Demand against Quince T. Brinkley, Jr, Metropolitan Washington Airports Authority, Philip G. Sunderland ( Filing fee $ 400, receipt number 14683042425.), filed by Donna L. Creager, Lynn N. Sheeley, John M. Creager. (Attachments: #1 Civil Cover Sheet, #2 Letter, #3 Receipt)(klau, ) |
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