Star v. Bilbo Baggins Restaurant
| Michael Star |
| Bilbo Baggins Restaurant |
| 1:2018cv01544 |
| December 14, 2018 |
| US District Court for the Eastern District of Virginia |
| Theresa Carroll Buchanan |
| T S Ellis |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 2000 e |
| None |
Docket Report
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Filing 35
ORDERED that this matter is REMANDED to the Circuit Court for the City of Alexandria. Signed by District Judge T. S. Ellis, III on 02/04/2019. (see Order for details)(c/s as directed in Order)(dvanm, )
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Filing 34
ORDERED that plaintiff's federal claims are DISMISSED WITHOUT PREJUDICE. Signed by District Judge T. S. Ellis, III on 02/04/2019. (see Order for details) (c/s as directed in Order) (dvanm, )
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| Filing 33 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 2/1/2019 re #12 MOTION to Dismiss filed by Michael Star, #8 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Bilbo Baggins Restaurant.Appearances for Plaintiff, Michael Star (PRO SE) and counsel for defendant.Motion heard and argued. Plaintiff will withdraw the ADA Claim and Title 7. COURT will remand the matter to State Court. Defendant has no objection. Order to follow. Court Reporter: T. Harris(tran) |
| Filing 32 NOTICE of Hearing on Motion #22 MOTION to Dismiss, #26 MOTION to Dismiss : Motion Hearing set for 2/1/2019 at 10:00 AM in Alexandria Courtroom 801 before District Judge T. S. Ellis III. (clar, ) |
| Filing 31 Reply to Motion re #26 MOTION to Dismiss, #22 MOTION to Dismiss filed by Bilbo Baggins Restaurant. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Nieman, Matthew) |
| Filing 30 NOTICE of Appearance by Jeremy Steven Schneider on behalf of Bilbo Baggins Restaurant (Schneider, Jeremy) |
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Filing 29
FOR REASONS stated from the bench, and in accord with specific rulings and instructions thereto, it is hereby ORDERED that the Court's Order and Rule to Show Cause #18 #19 is VACATED. Plaintiff is again reminded that, going forward, he must comply with the Courts orders. Federal Rules of Civil Procedure, and the Local Rules. Signed by Magistrate Judge Theresa Carroll Buchanan on 1/18/19. (tfitz, ) Copy mailed to Pro Se Pltf.
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| Filing 28 Minute Entry for proceedings held before Magistrate Judge Theresa Carroll Buchanan:Show Cause Hearing held on 1/18/2019. Appearances of Pro Se Pltf and Deft's counsel present. Pro Se Pltf provides brief explanation to the court; the Show Cause Order is hereby VACATED per Judge Buchanan. Order to follow. (Tape #FTR.)(tfitz, ) Modified to edit text on 1/18/2019 (tfitz, ). |
| Filing 27 Waiver of re #23 MOTION Defendant's Motion for Leave to File Sur-Reply Notice of Waiver of Oral Argument by Bilbo Baggins Restaurant (Nieman, Matthew) |
| Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument re #23 MOTION Defendant's Motion for Leave to File Sur-Reply (lcre, ) |
| Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument re #26 MOTION to Dismiss, #22 MOTION to Dismiss (lcre, )(c/s) |
| Filing 26 MOTION for Dismissal Based Upon Fraudulant Pleadings by Michael Star. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Envelope)(lcre, ) |
| Filing 25 Show Cause Brief by Michael Star. (Attachments: #1 Exhibit 1)(lcre, ) |
| Filing 24 RESPONSE in Support re #8 MOTION to Dismiss for Failure to State a Claim with Roseboro,. Defendant's Reply in Support of Motion to Dismiss filed by Bilbo Baggins Restaurant. (Nieman, Matthew) |
| Filing 23 MOTION Defendant's Motion for Leave to File Sur-Reply by Bilbo Baggins Restaurant. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order Proposed Order)(Nieman, Matthew) |
| Filing 22 MOTION for Dismissal by Michael Star. (Attachments: #1 Envelope)(lcre, ) |
| Reset Deadlines as to #12 MOTION to Dismiss, #8 MOTION to Dismiss for Failure to State a Claim with Roseboro,.. Motion Hearing set for 2/1/2019 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (Per TSE chambers) (clar, ) |
| Filing 21 Response to #14 Opposition filed by Michael Star. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Envelope)(lcre, ) |
| Reset Deadlines as to #12 MOTION to Dismiss. Motion Hearing set for 1/25/2019 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (per TSE Chambers) (klau, ) |
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Filing 20
ORDER- It is ORDERED that if Plaintiff does not appear January 18, 2019 as ordered by Judge Buchanan, his case will be dismissed for want of prosecution. Signed by District Judge T. S. Ellis, III on 1/2/2019. (lcre, )(c/s to Plaintiff Pro-Se)
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| Filing 19 Rule to Show Cause. (dvanm, ) |
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Filing 18
ORDER TO SHOW CAUSE Show Cause Hearing set for 1/18/2019 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan.. Signed by Magistrate Judge Theresa Carroll Buchanan on 01/02/2019. (dvanm, )
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Filing 17
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Upon consideration of the representations made by Defendant in its Proposed Discovery Plan (Dkt. 15), and by counsel for Defendant at the initial pretrial conference held on January 2, 2019, and taking note of the Scheduling Order (Dkt. 3) entered in this case, the Court makes the following rulings: 1. Although Plaintiff did not attend the conference. Plaintiff is hereby notified that Plaintiff is bound by the terms of this Order, by all other orders entered before or after today, by the Local Rules of this Court and by the Federal Rules of Civil Procedure. 2. All discovery shall be concluded by April 26, 2019. 3. Defendant's Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the Court. 4. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by January 18, 2019. 5. No "general objection" may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. (see Order for complete details) Signed by Magistrate Judge Theresa Carroll Buchanan on 1/2/19. Copy mailed to Pro Se Plaintiff.(tfitz, )
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| Filing 16 Minute Entry for proceedings held before Magistrate Judge Theresa Carroll Buchanan:Initial Pretrial Conference held on 1/2/2019. Appearance of counsel for Defendant present. Pro Se Plaintiff NOT present. Deft's Discovery Plan is approved. Order to follow. (Tape #FTR.) (tfitz, ) |
| Filing 15 Defendant's Discovery Plan by Bilbo Baggins Restaurant.(Nieman, Matthew) |
| Filing 14 Opposition to #5 MOTION to Dismiss, #12 MOTION to Dismiss [Consolidated Response to Plaintiff's Motions for Dismissal] filed by Bilbo Baggins Restaurant. (Nieman, Matthew) |
| Filing 13 NOTICE of Hearing on Motion #12 MOTION for Dismissal or in the Alternative Motion for Default Judgment: Motion Hearing set for 1/11/2019 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) |
| Filing 12 MOTION for Dismissal by Michael Star. (Attachments: #1 Exhibit 1)(clar, ) |
| Set Deadlines as to #8 MOTION to Dismiss for Failure to State a Claim with Roseboro,.. Motion Hearing set for 1/25/2019 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) |
| Filing 11 Notice of Hearing Date re #8 MOTION to Dismiss for Failure to State a Claim with Roseboro,. (Nieman, Matthew) |
| Filing 10 Roseboro Notice by Bilbo Baggins Restaurant (Nieman, Matthew) |
| Filing 9 Memorandum in Support re #8 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Bilbo Baggins Restaurant. (Nieman, Matthew) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Bilbo Baggins Restaurant. (Attachments: #1 Proposed Order)(Nieman, Matthew) |
| Filing 7 NOTICE of Hearing on Motion #6 MOTION for Default Judgment as to, #5 MOTION to Dismiss : Motion Hearing set for 1/2/2019 at 11:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (lcre, ) |
| Filing 6 MOTION for Default Judgment by Michael Star. (lcre, ) |
| Filing 5 MOTION for Dismissal by Michael Star. (Attachments: #1 Exhibit 1)(lcre, ) |
| ***Motion Hearing terminated per TSE Chambers. Plaintiff Pro-Se Notified to Re-file Notice for appropriate date. (lcre, ) |
| Filing 4 Corporate Disclosure Statement by Bilbo Baggins Restaurant. (Nieman, Matthew) |
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Filing 3
SCHEDULING ORDER:Initial Pretrial Conference set for 1/2/2019 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Discovery due by 4/26/2019. Final Pretrial Conference set for 6/6/2019 at 04:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (if parties do not file dispositive motions). Final Pretrial Conference set for 7/11/2019 at 04:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (if parties do file dispositive motions).Signed by District Judge T. S. Ellis, III on 12/18/2018. (Attachments: #1 Mag. Consent, #2 Pretrial Notice)(tran, )
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| Filing 2 EXHIBIT 2 [to Notice of Removal] by Bilbo Baggins Restaurant.. (Nieman, Matthew) |
| Filing 1 Notice of Removal ( Filing fee $ 400, receipt number 0422-6407680.), filed by Bilbo Baggins Restaurant. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Nieman, Matthew) |
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| Defendant: Bilbo Baggins Restaurant | |
| Represented By: | Matthew Frederick Nieman |
| Represented By: | Jeremy Steven Schneider |
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| Plaintiff: Michael Star | |
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