Pridemore v. Hryniewich et al
| Timothy B. Pridemore |
| Richard J. Hryniewich and The City of Norfolk, Virginia |
| 2:2017cv00110 |
| February 23, 2017 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Virginia Beach City |
| Robert J. Krask |
| Rebecca Beach Smith |
| Marine |
| 33 U.S.C. ยง 0901 |
| None |
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Filing
59
OPINION & ORDER denying 22 Motion for Judgment on the Pleadings (DEFENDANT THE CITY OF NORFOLK'S MOTION FOR JUDGMENT ON THE PLEADINGS); denying 24 Motion for Judgment on the Pleadings (DEFENDANT RICHARD J. HRYNIEWICH'S MOTION FOR JUDGMENT ON THE PLEADINGS). Signed by District Judge Henry C. Morgan, Jr and filed on 4/16/18. (tbro)
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Filing
13
OPINION & ORDER entered and filed 10/3/17: This matter is before the Court pursuant to Defendant City of Norfolk's ("the City's") and Officer Richard J. Hryniewich's ("Hryniewich's") (collectively, " Defendants'") 5 Motion to Dismiss or Stay ("Motion"). Glover v. Hryniewich. et al., No. 2:17cvl09. Because Glover v. Hryniewich. et al., No. 2:l7cvl09 and Pridemore v. Hryniewich, et al., No. 2:17cvll0 are consolidated for t he purposes of discovery and because the actions are identical save for the plaintiffs, the Court will consider the actions as one. For clarity, unless otherwise specified, all references and citations to pleadings will be made to Glover v. Hry niewich. et al., No. 2:l7cvl09. On August 4, 2017, this Court entered an Order GRANTING Defendants' Motion and STAYING this action, pending issuance of the Norfolk Circuit Court's ruling on Defendants' Plea in Bar. Doc. 11. On Au gust 21, 2017, Defendants filed a Notice of the Circuit Court's ruling. Doc. 12. In that ruling, the Circuit Court SUSTAINED Defendants' Plea in Bar as to the City, and SUSTAINED IN PART and OVERRULED IN PART Defendants' Plea in Bar as to Hryniewich. Id., Ex. A. As to Hryniewich, the Circuit Court held that "under the circumstances, gross negligence is not a proper issue for a plea in bar asserting sovereign immunity." Id, at 2, as outlined. For the reas ons listed in this Opinion & Order, the Court DENIES Defendants' Motion, Doc. 5. (See Opinion & Order and Foot Note for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 10/3/17)). Copies provided as directed 10/3/17. (ecav, ) (Entered: 10/03/2017)(Signed by District Judge Henry C. Morgan, Jr. on 10/3/17). Copies provided as directed 10/3/17. (ecav, )
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