Holloway v. City of Virginia Beach, Virginia
Latasha Holloway and Georgia Allen |
City of Virginia Beach, Virginia, Virginia Beach City Council, Louis Jones, Rocky Holcomb, Linwood Branch, Ben Davenport, Robert Dyer, Barbara Henley, Shannon Kane, John Moss, John Uhrin, Rosemary Wilson, Tom Leahy, Donna Patterson, David Nygaard, Aaron R. Rouse, Sabrina Wooten, Guy Tower, Michael Berlucchi and Patrick Duhaney |
2:2018cv00069 |
November 20, 2017 |
US District Court for the Eastern District of Virginia |
Norfolk Office |
Raymond A Jackson |
Douglas E Miller |
Civil Rights: Voting |
42 U.S.C. § 1983 Civil Rights Act |
None |
Docket Report
This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 251 MOTION to Withdraw as Attorney by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Telephone Conference before District Judge Raymond A. Jackson: held on 5/11/2021. (ptom, ) |
Filing 250 USCA Case Number 21-1533 - Case Manager Anisha Walker for #247 Notice of Appeal, filed by Rosemary Wilson, Jessica Abbott, Donna Patterson, John Moss, Barbara Henley, Guy Tower, Michael Berlucchi, Louis Jones, Sabrina Wooten, Patrick Duhaney, Aaron R. Rouse, Robert Dyer, James Wood, Virginia Beach City Council, City of Virginia Beach, Virginia. (afar) |
Filing 249 Transmission of Notice of Appeal to US Court of Appeals re #247 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov). (Attachments: #1 Notice of Appeal)(bpet, ) |
Minute Entry for proceedings held before Magistrate Judge Robert J. Krask:Settlement Conference held on 4/30/2021. The conference was productive and counsel will contact the Court during the week of 5/3/2021 to indicate whether they will be presenting the Court with an agreed proposal for the resolution of the case. (btit, ) |
Filing 248 ORDER granting #246 Motion for Pro hac vice for Mark Peter Gaber as to Georgia Allen, Latasha Holloway. Signed by District Judge Raymond A. Jackson on 4/29/21. (bpet, ) |
Filing 247 NOTICE OF APPEAL as to #242 Memorandum Opinion,,, by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. Filing fee $ 505, receipt number AVAEDC-7760254. (McKnight, Katherine) |
Filing 246 Motion to appear Pro Hac Vice by Mark Peter Gaber and Certification of Local Counsel Joseph Gerald Hebert Filing fee $ 75, receipt number AVAEDC-7754862. by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 245 ORDER granting #244 Motion for Extension of Time to File Motion for Fees and Costs and supporting material. In light of the settlement conference scheduled on April 30, 2021, and without objection by Defendant, the Motion for Attorneys Fees and Costs shall be filed no later than May 31, 2021. Signed by Magistrate Judge Douglas E. Miller on April 15, 2021 (Miller, Douglas) |
Filing 244 MOTION for Extension of Time to File Motion of Fees and Costs by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 243 Third Settlement Conference Order: All parties and their lead counsel are required to appear before the undersigned via Zoomgov remote proceedings for a settlement conference at 9:30 a.m. on April 30,2021. The parties must submit a brief memorandum of five pages or less directly to the chambers of the undersigned (do not file in the clerk's office) by noon on April 23, 2021. See Order for additional details. Signed by Magistrate Judge Robert J. Krask on 4/14/21. (afar) |
Set Hearings: Settlement Conference set for 4/30/2021 at 09:30 AM in Norfolk in Judges Chamber before Magistrate Judge Robert J. Krask. (btit) |
Filing 242 MEMORANDUM OPINION AND ORDER: It is hereby DECLARED that Virginia's Beach at-large method of election is illegal and cannot be enforced in future elections. It is, therefore, ORDERED, that any further use of the at-large system of election for the Virginia Beach City Council is hereby ENJOINED. ORDERED, that the City of Virginia Beach shall not adopt any system of election for members of its City Council that does not comply with Section 2 of the Voting Rights act. ORDERED, that the City of Virginia Beach shall not implement or utilize any practice, policy, procedure or other action that results in the dilution of minority participation in the electoral process. The Court GRANTS Plaintiff's request for attorneys' fees, costs, and litigation expenses and shall file their request within 30 days. See Order for details. Signed by District Judge Raymond A. Jackson on 3/31/21. (mrees, ) |
Filing 241 Response to #240 NOTICE, filed by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 240 NOTICE by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten (Attachments: #1 Exhibit Exhibit A)(McKnight, Katherine) |
Filing 239 Submission by Latasha Holloway. (epri, ) |
Filing 238 Proposed Findings of Fact by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 237 Proposed Findings of Fact by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (McKnight, Katherine) |
Filing 236 Redaction of #219 Transcript,,, (naughton, carol) |
Filing 235 ORDER granting in part and denying in part #231 Motion to Seal. The Motion to Seal the documents set forth in Plaintiff's memorandum is DENIED. Instead Plaintiff's motion is Granted to the extent that Plaintiff is directed to send the Courtroom Deputy a copy of each document in the memorandum that Plaintiff seeks to seal with the Plaintiff's address redacted. The Court will substitute the redacted copy of the document for the copy in the record which contains Plaintiff's address. IT IS SO ORDERED. Plaintiff is further ORDERED to contact the court reporter to redact plaintiff's or any witnesses address from the record. Signed by District Judge Raymond A. Jackson on November 3, 2020. |
Filing 234 Waiver of re #231 MOTION to Seal (Refile Under Seal) Waiver of Oral Argument by Georgia Allen, Latasha Holloway (Hebert, Joseph) |
Filing 233 Notice of Filing Sealing Motion LCvR5(C) by Georgia Allen, Latasha Holloway re #231 MOTION to Seal (Refile Under Seal) (Hebert, Joseph) |
Filing 232 Memorandum in Support re #231 MOTION to Seal (Refile Under Seal) filed by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 231 MOTION to Seal (Refile Under Seal) by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 230 Sealed Document re 205 Pretrial Memorandum,. (Hebert, Joseph) |
Filing 229 Sealed Document re #219 Transcript,,,. (Hebert, Joseph) |
Filing 228 Sealed Document re 205 Pretrial Memorandum,. (Hebert, Joseph) |
Filing 227 Sealed Document re #195 Proposed Findings of Fact. (Hebert, Joseph) |
Filing 226 Sealed Document re #190 Stipulation. (Hebert, Joseph) |
Filing 225 Sealed Document re #161 Memorandum,. (Hebert, Joseph) |
Filing 224 Sealed Document re #156 Memorandum in Opposition,,. (Hebert, Joseph) |
Filing 223 TRANSCRIPT of proceedings (Bench Trial - Day 6) held on 10-14-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol) |
Filing 222 TRANSCRIPT of proceedings (Bench Trial - Day 5) held on 10-13-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol) |
Filing 221 TRANSCRIPT of proceedings (Bench Trial - Day 4) held on 10-09-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol) |
Filing 220 TRANSCRIPT of proceedings (Bench Trial - Day 3) held on 10-08-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol) |
Filing 219 SEALED TRANSCRIPT of proceedings (Bench Trial - Day 2) held on 10-07-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol) Modified security restriction and text on 11/4/2020 (afar). |
Filing 218 TRANSCRIPT of proceedings (Bench Trial - Day 1) held on 10-06-2020, before Judge Raymond A. Jackson, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(naughton, carol) |
Filing 217 ORDER: The proposed findings of fact and law must be submitted no later thanDecember 1, 2020 and shall be limited to no more than forty-five (45) pages without any attachments.. Signed by District Judge Raymond A. Jackson on 10/14/20. (Copies distributed as directed 10/14/20). (mrees, ) |
Filing 216 BENCH TRIAL (Day #6) before District Judge Raymond A. Jackson completed on 10/14/2020. Court and counsel appeared pursuant to adjournment last evening. Defendants resumed presentation of evidence. Exhibits admitted. Defendants rest. No rebuttal case by plaintiffs. Defendants renew judgment for partial findings - court Defers ruling. Parties are to file post-trial motions within 45 days and file proposed finding of fact and conclusion of law by December 1, 2020. Court adjourned. (Attachments: #1 Witness List, #2 Exhibit List) (Court Reporter Carol Naughton, OCR.)(ptom, ) (Attachment 2 replaced on 10/15/2020) (ptom, ). |
Filing 215 BENCH TRIAL (Day #5) before District Judge Raymond A. Jackson held on 10/13/2020. Court and counsel appeared pursuant to adjournment last Friday, 10/9/20. Defendants resumed presentation of evidence witness sworn and testified. Exhibits admitted. Objections heard and rulings made on the record.Court adjourned until Wednesday, October 14, 2020 at 10:00 a.m. Bench Trial set for 10/14/2020at 10:00 AM in Norfolk Courtroom 3 before District Judge Raymond A. Jackson. (Court Reporter Carol Naughton, OCR.)(ptom, ) |
Filing 214 BENCH TRIAL (Day #4) before District Judge Raymond A. Jackson held on 10/9/2020. Court and counsel appeared pursuant to adjournment last evening. Defendants resumed presentation of evidence - witnesses sworn and testified. Exhibits admitted. Objections heard and rulings made on the record. Court adjourned until Tuesday, October 13, 2020 at 10:00 a.m. Bench Trial continued to 10/13/2020 at 10:00 AM in Norfolk Courtroom 3 before District Judge Raymond A. Jackson. (Court Reporter Carol Naughton, OCR.)(ptom, ) |
Filing 213 BENCH TRIAL (Day #3) before District Judge Raymond A. Jackson held on 10/8/2020. Court and counsel appeared pursuant to adjournment last evening. Plaintiff resumed presentation of evidence - witnesses sworn and testified.Exhibits admitted. Objections heard and rulings made on the record. Plaintiff rest. Defense motion for judgment of partial findings Argued Court takes matter under advisement. Defense presented evidence - Witness sworn and testified. Exhibits admitted. Objections heard and rulings made on the record. Court adjourned until Friday, October 9, 2020 at 10:00 a.m. Bench Trial continued to 10/9/2020at 10:00 AM in Norfolk Courtroom 3 before District Judge Raymond A. Jackson. (Court Reporter Carol Naughton, OCR.)(ptom, ) |
Filing 211 STIPULATION (supplemental stipulated facts) by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 212 BENCH TRIAL (Day #2) before District Judge Raymond A. Jackson held on 10/7/2020. Court and counsel appeared pursuant to adjournment last evening. Plaintiff resumed presentation of evidence - witnesses sworn and testified.Exhibits admitted. Objections heard and rulings made on the record. Court adjourned until Thursday, October 8, 2020 at 9:30 a.m. (Court Reporter Carol Naughton, OCR.)(ptom, ) |
Filing 210 FINAL PRETRIAL ORDER. Signed by District Judge Raymond A. Jackson & filed in open court on 10/6/20. (Attachments: #1 Ex. A Joint Stipulations, #2 Ex. B Pls Witness List, #3 Ex. C. Pls Exhibit List, #4 Ex. D. Dfts Witness List, #5 Ex. E. Dfts Exhibit List)(ptom, ) (Attachment 1 replaced on 11/4/2020) (ptom, ). |
Filing 209 Bench Trial (Day #1) before District Judge Raymond A. Jackson held on 10/6/2020. Christopher Lamar, Dana Paikowsky, Robert Weiner, Simone Leeper and Ruth Greenwood appeared on behalf of plaintiffs. Gerald Harris, Christopher Boynton, Erika Prouty, Joseph Kurt, Katherine McKnight and Patrick Lewis appeared on behalf of the defendants. Comments of Court - Final Pretrial Order, filed. Opening statements heard.Plaintiff presents evidence - witness sworn and testified. Exhibits admitted.Objections heard and rulings made on the record. Upon motion of the plaintiff, Court GRANTS issuance of trial subpoena for Shewling Moye. Bench Trial continued to 10/7/2020 at 09:30 AM in Norfolk Courtroom 3 before District Judge Raymond A. Jackson. (Court Reporter Carol Naughton, OCR.)(ptom) (Main Document 209 replaced on 10/7/2020) (ptom, ). |
Filing 208 Subpoena issued (mrees, ) |
Notice of Correction re 205 Pretrial Memorandum. Document number 205 contains a proposed order, in support of a document. These types of documents should be submitted as separate attachments to the main document, rather than contained in the main document. The documents have been removed. No further action is required at this time. (mrees, ) |
Filing 205 PRETRIAL MEMORANDUM by Georgia Allen, Latasha Holloway. (Attachments: # 1 Exhibit A - Joint Stipulations, # 2 Exhibit B - Plaintiffs' Witness List, # 3 Exhibit C - Plaintiffs' Exhibit List, # 4 Exhibit D - Defendants' Witness List, # 5 Exhibit E - Defendant's Exhibit List)(Hebert, Joseph) |
Filing 204 ORDER: The Motion for the Admission of the Testimony of Professor Allan Litchman is DENIED as moot. Signed by District Judge Raymond A. Jackson on 10/2/20. (mrees, ) |
Filing 203 Withdrawal of Motion by All Plaintiffs re #197 MOTION FOR AN ORDER PROVIDING FOR THE ADMISSION OF THE TESTIMONY OF PROFESSOR ALLAN LICHTMAN OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF TRIAL (Attachments: #1 Proposed Order)(Hebert, Joseph) |
Filing 202 Telephone Conference before District Judge Raymond A. Jackson held on 10/1/2020 re: electronic authorization and #197 Motion by the plaintiffs. Robert Weiner and Ruth Greenwood appeared on behalf of the plaintiffs. Gerald Harris, Christopher Boynton and Katherine McKnight appeared on behalf of the defendants. Comments of the Court. Parties are to file any response or supplemental information, re: #197 Motion, by 1:00p.m. on Friday, 10/2/20. Court will issue an order. Court adjourned (Court Reporter Carol Naughton, OCR.)(ptom, ) |
Filing 201 ORDER granting #188 Motion for Pro hac vice for Erika Dackin Prouty as to Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood and Sabrina Wooten. Signed by District Judge Raymond A. Jackson on 10/1/20. (tlev, ) |
Filing 198 Memorandum in Support re #197 MOTION FOR AN ORDER PROVIDING FOR THE ADMISSION OF THE TESTIMONY OF PROFESSOR ALLAN LICHTMAN OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF TRIAL , Brief in Support filed by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 197 MOTION FOR AN ORDER PROVIDING FOR THE ADMISSION OF THE TESTIMONY OF PROFESSOR ALLAN LICHTMAN OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF TRIAL by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit 1 (Lichtman Declaration), #2 Exhibit 2 (Dr's Statement re Lichtman))(Hebert, Joseph) |
Filing 195 Proposed Findings of Fact by Georgia Allen, Latasha Holloway. (Attachments: #1 Appendix Tables and Figures)(Hebert, Joseph) (Main Document 195 replaced on 11/4/2020) (ptom, ). |
Filing 194 Proposed Findings of Fact by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (McKnight, Katherine) |
Filing 193 ORDER denying #189 Motion. It is hereby ORDERED that the Plaintiffs' Motion for an Order Permitting One Witness and One Attorney For Plaintiffs to Appear at Trial Via Video Conference, filed on September 25, 2020, is Denied. First, the Plaintiffs' Motion was not filed in a timely fashion and Defendants were not given an opportunity to attempt to arrange alternative means to have the witness testify. Second, the Court finds that the Plaintiffs did not provide sufficient evidence to support good cause for Plaintiffs expert witness to testify by video. Also, the Plaintiffs did not provide sufficient evidence to show good cause to allow Plaintiffs counsel to testify via video. The Court has implemented the necessary safeguards to protect the parties, witnesses, and attorneys during the bench trial to be protected from contracting COVID-19. Further the Court recommended to the parties, on September 15, 2020, that they should coordinate and make the necessary arrangements for the safety of their witnesses. Moreover, the Court was apprised today that given other trials, it does not have the equipment to conduct remote testimony in this case. Signed by District Judge Raymond A. Jackson on September 29, 2020. |
Filing 192 REPLY to Response to Motion re #189 MOTION FOR AN ORDER PERMITTING ONE WITNESS AND ONE ATTORNEY FOR PLAINTIFFS TO APPEAR AT TRIAL VIA VIDEO CONFERENCE filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Doctor's Letter, #2 Exhibit Hebert Declaration)(Hebert, Joseph) |
Filing 191 RESPONSE in Opposition re #189 MOTION FOR AN ORDER PERMITTING ONE WITNESS AND ONE ATTORNEY FOR PLAINTIFFS TO APPEAR AT TRIAL VIA VIDEO CONFERENCE filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (McKnight, Katherine) |
Filing 190 STIPULATION Joint Stipulations of Fact by Georgia Allen, Latasha Holloway. (Hebert, Joseph) (Main Document 190 replaced on 11/4/2020) (ptom, ). |
Filing 189 MOTION FOR AN ORDER PERMITTING ONE WITNESS AND ONE ATTORNEY FOR PLAINTIFFS TO APPEAR AT TRIAL VIA VIDEO CONFERENCE by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 188 Motion to appear Pro Hac Vice by Erika Dackin Prouty and Certification of Local Counsel Katherine L. McKnight Filing fee $ 75, receipt number 0422-7417496. by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (McKnight, Katherine) |
Filing 187 FINAL PRETRIAL CONFERENCE held before District Judge Raymond A. Jackson: Carol Naughton, OCR. Joseph Hebert, Robert Weiner, and Christopher Lamar present on behalf of plaintiffs. Gerald Harris, Christopher Boynton, and Katherine McKnight present on behalf of defendants. Final Pretrial Conference held on 9/18/2020. Comments of court heard. Counsel shall present a revised Final Pretrial Order no later than October 2, 2020. Court adjourned. (sche) |
Filing 186 ORDER: It is hereby ORDERED that the Defendants' Motion to Quash Subpoenas, filed on August 27, 2020, is withdrawn. Signed by District Judge Raymond A. Jackson on 9/15/20. (Copies distributed as directed 9/15/20). (mrees, ) |
Filing 185 ORDER: It is hereby ORDERED, ADJUDGED and DECREED that the Order of August 21 (ECF No. 172) is amended and the deadline by which Plaintiffs' may take the deposition of Defendants' expert is September 17, 2020. Signed by District Judge Raymond A. Jackson on 9/14/20. (mrees, ) |
Filing 184 NOTICE by Georgia Allen, Latasha Holloway (Attachments: #1 Proposed Order)(Hebert, Joseph) |
Settlement Conference held on 9/11/2020 before Magistrate Judge Robert J. Krask. (lwoo) |
Filing 183 Withdrawal of Motion by All Defendants re #175 MOTION to Quash Subpoenas, #177 Response to Motion (McKnight, Katherine) |
Notice of Correction re 179 Rule 26 Disclosure, 180 Rule 26 Disclosure. The filing user(s) has been notified that pursuant to FRCP 5(d) and/or the Rule 16(b) SchedulingOrder, discovery documents are not to be filed. (mrees, ) |
Notice of Correction re 182 Objection, 181 Objection. The filing user(s) has been notified that pursuant to FRCP 5(d) and/or the Rule 16(b) Scheduling Order, discovery documents are not to be filed. (mrees, ) |
Filing 182 Objection to 179 Rule 26 Disclosure filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Ben Davenport, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, Shannon Kane, Tom Leahy, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Guy Tower, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: # 1 Exhibit Exhibit A)(McKnight, Katherine) |
Filing 181 Objection to 180 Rule 26 Disclosure filed by Georgia Allen, Latasha Holloway. (Attachments: # 1 Exhibit Plaintiffs' Objections to Defendants' Exhibit List)(Hebert, Joseph) |
Filing 180 Rule 26 Disclosure by All Defendants. (Attachments: # 1 Exhibit A - Defendants' Exhibit List)(McKnight, Katherine) |
Filing 179 Rule 26 Disclosure by Georgia Allen, Latasha Holloway. (Attachments: # 1 Exhibit Plaintiffs' Exhibit List)(Hebert, Joseph) |
Filing 178 ORDER granting #174 Motion for Pro hac vice for Dana Paikowsky as to Georgia Allen and Latasha Holloway. Signed by District Judge Raymond A. Jackson on 9/1/20. (tlev, ) |
Filing 177 RESPONSE to Motion re #175 MOTION to Quash Subpoenas filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Email Chain)(Hebert, Joseph) |
Electronic Fee Payment - Pro Hac Vice as to #174 Motion to appear Pro Hac Vice by Dana Paikowsky and Certification of Local Counsel Joseph Gerald Hebert by Georgia Allen, Latasha Holloway. Filing fee $ 75, receipt number 0422-7379029.. (Hebert, Joseph) |
Filing 176 Memorandum in Support re #175 MOTION to Quash Subpoenas filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Exhibit A, #2 Proposed Order)(McKnight, Katherine) |
Filing 175 MOTION to Quash Subpoenas by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (McKnight, Katherine) |
Filing 174 Motion to appear Pro Hac Vice by Dana Paikowsky and Certification of Local Counsel Joseph Gerald Hebert by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 173 Second Settlement Conference Order: Settlement Conference Scheduled for September 11, 2020 at 1:30pm; Memorandum due by noon on September 4, 2020. See Order for details. Signed by Magistrate Judge Robert J. Krask on 8/21/20. (mrees, ) |
Filing 172 ORDER: Plaintiffs' Motion to Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery (ECF No. 153) is DENIED as MOOT. In consideration of the foregoing. Defendants' Motion to Exclude Supplemental Expert Reports (ECF No. 160) is DENIED as MOOT. Nothing in this Order shall be construed to change the existing deadlines set forth in this Court's Amended Rule 16(b) Scheduling Order dated May 15, 2020 (ECF No. 142). Signed by Magistrate Judge Douglas E. Miller on 8/21/20. (mrees, ) |
Filing 171 NOTICE by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Patrick Duhaney, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re #153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery , #160 MOTION to Exclude Supplemental Expert Reports as requested by Magistrate Judge Douglas E. Miller (Attachments: #1 Proposed Order)(Harris, Gerald) |
Filing 170 ORDER- Joint Stipulated Motion for Substitution of a Party is GRANTED. Patrick Duhaney is substituted for Tom Leahy as a Defendant as his capacity as City Manager for the City of Virginia Beach. Signed by Magistrate Judge Douglas E. Miller on 8/20/20. (mrees, ) |
Set Deadlines/Hearings Second Settlement Conference set for 9/11/2020 at 01:30 PM in Norfolk Remote via Zoom before Magistrate Judge Robert J. Krask. (jjon) |
Filing 169 Joint MOTION to Substitute Party by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, Barbara Henley, Tom Leahy, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Proposed Order)(Harris, Gerald) |
MOTIONS REFERRED to Magistrate Judge: Miller. #169 Joint MOTION to Substitute Party (mrees, ) |
Filing 168 MEMORANDUM OPINION AND ORDER denying #149 Motion to Dismiss. Signed by District Judge Raymond A. Jackson on 8/17/20. (afar) |
MOTIONS REFERRED to Magistrate Judge: Miller. #160 MOTION to Exclude Supplemental Expert Reports (mrees, ) |
Filing 167 REPLY to Response to Motion re #160 MOTION to Exclude Supplemental Expert Reports filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, Barbara Henley, Louis Jones, Tom Leahy, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) |
Set Deadlines as to #153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery , #160 MOTION to Exclude Supplemental Expert Reports. Motion Hearing set for 8/19/2020 at 11:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, ) |
Telephone Conference before District Judge Raymond A. Jackson held on 8/6/2020. (ptom, ) |
Filing 166 RESPONSE in Opposition re #160 MOTION to Exclude Supplemental Expert Reports filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Email from Defs' Attorney Chris Boynton, #2 Exhibit Email Correspondence Discussing Supplemental Deposition of Mr. Fairfax, #3 Exhibit Email from Plaintiffs' Counsel to Defendants' Counsel, #4 Exhibit March 16, 2020 Email from Plaintiffs' Counsel to Defendants' Counsel, #5 Exhibit Supplemental Deposition of Dr. Spencer, #6 Exhibit Supplemental Deposition of Mr. Fairfax, #7 Exhibit Defendants' Rebuttal Expert Report, #8 Exhibit Deposition Transcript of Defendants' Expert)(Hebert, Joseph) |
Filing 165 Request for Hearing by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, Barbara Henley, Louis Jones, Tom Leahy, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re #153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery (Harris, Gerald) |
Filing 164 NOTICE by Georgia Allen, Latasha Holloway re #153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery Waiver of Request for a Hearing (Hebert, Joseph) |
MOTIONS REFERRED to Magistrate Judge: Miller. #153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery (mrees, ) |
Filing 163 Reply to Motion re #153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Parties' Joint Proposed Schedule)(Hebert, Joseph) |
Filing 162 Memorandum in Opposition re #153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, Barbara Henley, Louis Jones, Tom Leahy, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Exhibit TABLE 1, #2 Exhibit DEF78045 - DEF78047, #3 Exhibit Deposition excerpt of James Wood, #4 Exhibit DEF67919 - DEF67967, #5 Exhibit Deposition excerpt of Rosemary Wilson, #6 Exhibit Deposition excerpt of Sabrina Wooten, #7 Affidavit Felipe "Pepe" Cabacoy, #8 Exhibit Desposition excerpt of Jessica Abbott, #9 Exhibit Plaintiff Allen's responses to Interrogatories, #10 Exhibit Deposition excerpt from Georgia Allen, #11 Exhibit Plaintiffs' supplemental disclosures dated November 19, 2019, #12 Exhibit Plaintiffs' supplemental discovery responses dated September 14, 2019)(Harris, Gerald) |
Filing 161 Memorandum in Support to #160 MOTION to Exclude Supplemental Expert Reports filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, Barbara Henley, Louis Jones, Tom Leahy, John Moss, Donna Patterson, Aaron R. Rouse. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Kurt, Joseph) (Attachment 1 replaced on 11/4/2020) (ptom, ). |
Filing 160 MOTION to Exclude Supplemental Expert Reports by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, Barbara Henley, Louis Jones, Tom Leahy, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) |
Filing 159 Request for Hearing by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, Barbara Henley, Louis Jones, Tom Leahy, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re #149 MOTION to Dismiss for Lack of Jurisdiction (McKnight, Katherine) |
Filing 158 REPLY to Response to Motion re #149 MOTION to Dismiss for Lack of Jurisdiction filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, Barbara Henley, Louis Jones, Tom Leahy, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (McKnight, Katherine) |
Filing 157 ORDER granting #155 Motion for Pro hac vice for Simone Tyler Leeper as to Latasha Holloway. Signed by District Judge Raymond A. Jackson on 7/14/20. (tlev, ) |
Filing 156 Memorandum in Opposition re #149 MOTION to Dismiss for Lack of Jurisdiction filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Selected Historical Census Bureau Data, #2 Exhibit Selected 2010 Census Bureau Data, #3 Exhibit Selected 2016 ACS 5-Year Estimates, #4 Exhibit Selected 2017 ACS 5-Year Estimates, #5 Exhibit Selected 2018 ACS 5-Year Estimates, #6 Exhibit Supplemental Report from Anthony Fairfax, #7 Exhibit Chart Provided by Defendants' Expert Kimball Brace, #8 Exhibit Supplemental Report from Dr. Doug Spencer)(Hebert, Joseph) (Attachment 6 replaced on 11/4/2020) (ptom, ). |
Filing 155 Motion to appear Pro Hac Vice by Simone Leeper and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-7296394. by Latasha Holloway and Georgia Allen. (Hebert, Joseph) Modified text on 9/2/2020 (tlev, ). |
Filing 154 Memorandum in Support re #153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Defendants' Third Supplemental Disclosure, #2 Exhibit Plaintiffs' First Meet and Confer Letter, #3 Exhibit Defendants' First Response, #4 Exhibit Plaintiffs' Second Meet and Confer Letter, #5 Exhibit Defendants' Second Meet and Confer Letter)(Hebert, Joseph) |
Filing 153 MOTION Exclude 20 Witnesses Defendants Failed to Disclose Until After the Close of Discovery by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 152 ORDER granting #147 Motion to Substitute Party. Tom Leahy is substituted for David Hansen as a Defendant in his official capacity. Signed by District Judge Raymond A. Jackson on 7/2/20. (bpet, ) |
Filing 151 ORDER granting #148 Motion for Pro hac vice for Patrick Thomas Lewis by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. Signed by District Judge Raymond A. Jackson on 07/01/2020. (bboy, ) |
Filing 150 Memorandum in Support re #149 MOTION to Dismiss for Lack of Jurisdiction filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Exhibit A to Memorandum, #2 Exhibit B to Memorandum, #3 Exhibit C to Memorandum)(McKnight, Katherine) |
Filing 149 MOTION to Dismiss for Lack of Jurisdiction by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Proposed Order Proposed Order)(McKnight, Katherine) |
Filing 148 Motion to appear Pro Hac Vice by Patrick Thomas Lewis and Certification of Local Counsel Katherine McKnight Filing fee $ 75, receipt number 0422-7272080. by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (McKnight, Katherine) |
Filing 147 Joint MOTION to Substitute Party by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Notice of Correction re #146 Notice of Appearance: Incorrect parties were selected and if a party name needs correction please file a Motion to Correct the Name for the Court Record. The incorrect party that was selected is David Hansen, as he was NOT noted on the document. Document 146 appears to have Tom Leahy listed instead, and is not listed a party in the above case. The clerk's office will update the parties in the docket text to match the filing. (mrees, ) |
Filing 146 NOTICE of Appearance by Richard Bryan Raile on behalf of Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten (Raile, Richard) Modified text to match document on 6/11/2020 (mrees, ). |
Filing 145 ORDER: Defendants' Renewed Motion to Bifurcate Trial is DENIED. Signed by District Judge Raymond A. Jackson on 6/9/20. (mrees, ) |
Filing 144 NOTICE of Appearance by Katherine Lea McKnight on behalf of Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten (McKnight, Katherine) |
Filing 143 NOTICE by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re #132 Second MOTION to Bifurcate - Joint Waiver of Oral Argument and Request for Decision without a Hearing (Harris, Gerald) |
Scheduling Conference - Rule 16b held on 5/15/2020. (ptom, ) |
Filing 142 ORDER Amending 16(b) Scheduling Order - Bench Trial set for 10/6/2020at 10:00 AM in Norfolk. Final Pretrial Conference set for 9/18/2020 at 11:00 AM in Norfolk. Signed by District Judge Raymond A. Jackson & filed on 5/15/20. (ptom, ) |
Filing 141 ORDER granting #135 Motion for Pro hac vice for Robert Neil Weiner as to Latasha Holloway. Signed by District Judge Raymond A. Jackson on 5/6/20. (tlev, ) |
Filing 140 REPLY to Response to Motion re #132 Second MOTION to Bifurcate filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) |
Filing 139 ORDER granting #137 Motion for Leave to File Late Response. The Opposition brief filed April 28, 2020 (ESF No. 136) is deemed timely filed. Signed by Magistrate Judge Douglas E. Miller on April 30, 2020. (Miller, Douglas) |
MOTION REFERRED to Magistrate Judge Douglas E. Miller: #137 MOTION for Leave to File Untimely Response to Defendants' Renewed Motion to Bifurcate re #136 Response in Opposition to Motion. (bpet, ) |
Filing 138 Memorandum in Support re #137 MOTION for Leave to File Untimely Response to Defendants' Renewed Motion to Bifurcate re #136 Response in Opposition to Motion filed by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 137 MOTION for Leave to File Untimely Response to Defendants' Renewed Motion to Bifurcate re #136 Response in Opposition to Motion by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 136 RESPONSE in Opposition re #132 Second MOTION to Bifurcate filed by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 135 Motion to appear Pro Hac Vice by Robert Weiner and Certification of Local Counsel Joseph Gerald Hebert Filing fee $ 75, receipt number 0422-7179976. by Latasha Holloway and Georgia Allen. (Attachments: #1 Appendix R Weiner - List of Federal Court Admissions)(Hebert, Joseph) Modified text on 9/2/2020 (tlev, ). |
Notice of Correction re #136 Response in Opposition to Motion: The filing user has been advised that leave of court is required to file a response out of time. (bpet, ) |
Filing 134 MEMORANDUM ORDER: Defendants' Motion for Certification of Appealability is DENIED. Signed by District Judge Raymond A. Jackson on 4/16/20. (afar) |
Filing 133 Memorandum in Support re #132 Second MOTION to Bifurcate filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Guy Tower, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) |
Filing 132 Second MOTION to Bifurcate by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Guy Tower, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) |
Filing 131 NOTICE by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re #127 MOTION for Certificate of Appealability ; Joint Waiver of Oral Argument and Request for Decision without a Hearing (Harris, Gerald) |
Filing 130 REPLY to Response to Motion re #127 MOTION for Certificate of Appealability filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Harris, Gerald) |
Filing 129 Memorandum in Opposition re #127 MOTION for Certificate of Appealability filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Email from Patrice Thompson to Gerry Hebert)(Hebert, Joseph) |
Reset Hearings: Scheduling Conference reset for 5/15/2020 at 11:00 AM in Norfolk. (ptom, ) |
Reset Hearings: Scheduling Conference set for 4/16/2020 at 01:30 AM in Norfolk. (ptom, ) |
Reset Hearings Scheduling Conference reset for 4/16/2020 at 01:30 PM in Norfolk. (ptom, ) |
Filing 128 Memorandum in Support re #127 MOTION for Certificate of Appealability filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Harris, Gerald) |
Filing 127 MOTION for Certificate of Appealability by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Harris, Gerald) |
Filing 126 ORDER denying #114 Motion for Summary Judgment. The Courtroom Deputy will contact counsel to schedule an additional Rule 16 (b) conference. Signed by District Judge Raymond A. Jackson on 3/11/20. (mrees, ) |
Case Reassigned to District Judge Raymond A. Jackson. District Judge Arenda L. Wright Allen no longer assigned to the case. (afar) |
Filing 125 ORDER granting #123 , Plaintiffs' Motion to Amend the Scheduling Order over Defendants' objections as follows: the deadlines in the current Scheduling Order (ECF No. 72) are STRICKEN. The new deadlines are: pretrial disclosures required by Rule 26(a)(3) including witness lists, proposed exhibit lists and motions in limine shall be delivered to all counsel and unrepresented parties on or before 14 days after the Court rules on Defendants' pending Motion for Summary Judgment; objections to these disclosures not resolved at the Attorney Conference shall be filed and delivered to all counsel and unrepresented parties on or before 14 days after the Rule 26(a)(3) disclosures; the Attorney Conference shall take place on or before seven days after the Rule 26(a)(3) disclosures are filed and delivered; the final Pretrial Conference shall be conducted 21 days after the Rule 26(a)(3) disclosures are filed and delivered; counsel for Plaintiffs shall distribute a proposed final draft of the Pretrial Order on or before 14 days after the Rule 26(a)(3) disclosures are filed and delivered. Signed by District Judge Arenda L. Wright Allen on 11/22/2019. (Allen, Arenda) |
Filing 124 NOTICE by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re #113 Order on Motion for Miscellaneous Relief, (Harris, Gerald) |
Filing 123 MOTION to Amend/Correct Scheduling Order by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 122 Request for Hearing by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re #114 MOTION for Summary Judgment (Harris, Gerald) |
Filing 121 REPLY to Response to Motion re #114 MOTION for Summary Judgment filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Exhibit (9) Plaintiffs' Meet and Confer Letter date July 30, 2019, #2 Exhibit (10) Deposition Transcript of Plaintiff Georgia Allen)(Harris, Gerald) |
Filing 120 ORDER granting #119 Motion for Extension of Time to File Response/Reply re #114 MOTION for Summary Judgment; granting #119 Motion for Leave to File Excess Pages. Defendants may file a Reply of no more than 30 pages on or before November 15, 2019. Replies due by 11/15/2019.. Signed by Magistrate Judge Douglas E. Miller on November 7, 2019. (Miller, Douglas) |
Filing 119 MOTION for Extension of Time to File Response/Reply and, MOTION for Leave to File Excess Pages by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Harris, Gerald) |
MOTIONS REFERRED to Magistrate Judge: Miller. #119 MOTION for Extension of Time to File Response/Reply and MOTION for Leave to File Excess Pages (afar) |
Filing 118 RESPONSE in Opposition re #114 MOTION for Summary Judgment filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Lichtman Initial Report, #2 Exhibit Lichtman Rebuttal Report, #3 Exhibit Lichtman Supp Table and Chart, #4 Exhibit Pls Aug 26 2019 Reliance Material Disclosure, #5 Exhibit Kidd Deposition Transcript, #6 Exhibit Boynton Aug 30 Email, #7 Exhibit Moss Dep Transcript, #8 Exhibit Kidd Report, #9 Exhibit City Attorneys Letter to Andrew Jackson, #10 Exhibit Aug 23, 2011 Virginia Pilot, #11 Exhibit Dyer Dep Transcriopt, #12 Exhibit Virginia Beach Dept. of Agriculture EEO Plan, #13 Exhibit Virginia Beach Fire Dept. EEO Plan, #14 Exhibit Virginia Beach Dept. of Police EEO Plan, #15 Exhibit City of Virginia Beach EEO Plan, #16 Exhibit Virginia Beach Dept. of Housing and Neighborhood Preservation Document on Citizen Participation, #17 Exhibit Rouse Dep Transcript, #18 Exhibit Abbott Dep Transcript, #19 Exhibit Holloway Dep Transcript, #20 Exhibit Abbott Subpoena Response, #21 Exhibit Transcript of 2001 Redistricting Public Hearing, #22 Exhibit Georgia Allen Declaration, #23 Exhibit Disparity Study News Articles, #24 Exhibit Disparity Study News Articles II, #25 Exhibit Wooten Email re Disparity Study, #26 Exhibit Wood Subpoena Response, #27 Exhibit Pls Reconfigured Table A, #28 Exhibit News Articles re Justice March, #29 Exhibit VB Disparity Study Excerpt, #30 Exhibit Holloway Initial Disclosures, #31 Exhibit Holloway Supp Disclosures, #32 Exhibit Wilson Dep Transcript, #33 Exhibit Minority Business Council 2006 Annual Report, #34 Exhibit Wooten Dep Transcript, #35 Exhibit Wilson Dep Transcript Vol I, #36 Exhibit Wood Dep Transcript, #37 Exhibit Simone Leeper Declaration)(Hebert, Joseph) |
Filing 117 ORDER granting #116 Motion for Leave to File Excess Pages. Plaintiffs may file a 40-page brief to address the arguments raised by Defendant's Motion for Summary Judgment. No deadlines are affected by this Order. Signed by Magistrate Judge Douglas E. Miller on November 5, 2019. (Miller, Douglas) |
MOTIONS REFERRED to Magistrate Judge: Miller. #116 MOTION for Leave to File Excess Pages (afar) |
Filing 116 MOTION for Leave to File Excess Pages by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 115 Memorandum in Support re #114 MOTION for Summary Judgment filed by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Exhibit Report of Anthony Fairfax, #2 Exhibit Rebuttal Report of Anthony Fairfax, #3 Exhibit Deposition of Anthony Fairfax (1 of 3), #4 Exhibit Deposition of Anthony Fairfax (2 of 3), #5 Exhibit Deposition of Anthony Fairfax (3 of 3), #6 Exhibit Report of Douglas Spencer, #7 Exhibit Rebuttal Report of Douglas Spencer, #8 Exhibit Deposition of Douglas Spencer, #9 Exhibit Data Set of Douglas Spencer, #10 Exhibit Deposition of Allan Lichtman)(Harris, Gerald) |
Filing 114 MOTION for Summary Judgment by Jessica Abbott, Michael Berlucchi, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, John Moss, Donna Patterson, Aaron R. Rouse, Guy Tower, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Harris, Gerald) |
Filing 113 ORDER re Joint Motion to Amend Rule 16(b) Scheduling Order and Rule 26(f) Pretrial Order. ECF No. 111. The Motion is GRANTED in part. The trial date of January 14,2020 is hereby STRICKEN. Should a trial remain necessary after dispositive motions are resolved, the Court will confer with counsel to set a new trial date. See Order for details and deadlines. Signed by District Judge Arenda L. Wright Allen on 9/17/2019. (dcou, ) |
Filing 112 ORDER OF RECUSAL.. Signed by Magistrate Judge Robert J. Krask on 9/16/2019. (dcou, ) |
Case Reassigned to Magistrate Judge Douglas E. Miller. Magistrate Judge Robert J. Krask no longer assigned to the case. (dcou, ) |
Settlement Conference held on 9/16/2019 before Magistrate Judge Robert J. Krask. (lwoo) |
Filing 111 Joint MOTION for Entry of Order Amending Rule 16(b) Scheduling Order by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 110 Withdrawal of Motion by Georgia Allen, Latasha Holloway Motion to Compel (Hebert, Joseph) |
Filing 109 Withdrawal of Motion by Guy Tower Motions to Object to, Quash and for Protection from Subpoena Duces Tecum (Denton, Jeremiah) |
Filing 108 ORDER granting #107 , a Motion to appear Pro Hac Vice by Erin Chlopak as certified by local counsel J. Gerald Hebert for Georgia Allen, Latasha Holloway. Signed by District Judge Arenda L. Wright Allen on 9/4/2019. (Allen, Arenda) |
Filing 107 Motion to appear Pro Hac Vice by Erin Chlopak and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6816661. by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
MOTIONS REFERRED to Magistrate Judge Krask - #100 Objection to Subpoena Duces Tecum, MOTION to Quash, and Motion for Protective Order (tamarm) |
Filing 106 NOTICE of Appearance by Jeremiah A. Denton, III on behalf of Guy Tower (Denton, Jeremiah) |
Filing 105 RESPONSE in Opposition re #100 MOTION to Quash and Plaintiffs' Motion to Compel and Motion for Sanctions filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hebert, Joseph) |
Filing 104 ORDER AMENDING RULE 16(B) SCHEDULING ORDER: It APPEARING the parties are in agreement with the proposed amendments. Defendants and Plaintiff's Joint Motion to Amend Rule 16(b) Scheduling Order is hereby GRANTED and it is hereby ORDERED that the Rule 16(b) Scheduling Order (ECF No. 72) in this matter shall be amended as indicated herein. See Order for deadlines and dates. Signed by District Judge Arenda L. Wright Allen on 8/9/2019. (dcou, ) |
Filing 103 Letter from Michael Berlucchi indicating the following: I would like to join Councilman tower's motion for the same reasons conveyed in his object and motions and his memorandum in support. (dcou, ) |
Filing 102 ORDER granting #96 , a Joint Stipulated Motion to Substitute Party as follows: Defendants David Nygaard and Shannon Kane, sued in their official capacities, no longer hold seats on the Virginia Beach City Council. Accordingly, they are replaced as defendants by Guy Tower and Michael Berlucchi. Signed by District Judge Arenda L. Wright Allen on 8/9/2019. (Allen, Arenda) |
Filing 101 Brief in Support to #100 OBJECTION TO SUBPOENA DUCES TECUM, MOTION TO QUASH SUBPOENA DUCES TECUM, AND MOTION FOR PROTECTIVE ORDER filed by Guy Tower. (Attachments: #1 Affidavit)(dcou, ) |
Filing 100 OBJECTION TO SUBPOENA DUCES TECUM, MOTION TO QUASH SUBPOENA DUCES TECUM, AND MOTION FOR PROTECTIVE ORDER by Guy Tower. (Attachments: #1 Cover Letter)(dcou, ) |
Filing 99 Joint MOTION Entry of Order Amending Rule 16(b) Scheduling Order re #72 Order Rule 16(b) Scheduling Order, by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Proposed Order Exhibit 1 Agreed Order)(Boynton, Christopher) |
Filing 98 CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge Robert J. Krask on 8/7/2019. (dcou, ) |
Filing 97 Joint MOTION for Protective Order by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Proposed Order Exhibit A Consent Protective Order)(Boynton, Christopher) |
MOTIONS REFERRED to Magistrate Judge: Robert J. Krask #97 Joint MOTION for Protective Order (dcou, ) |
Filing 96 MOTION to Substitute Party David Nygaard and Shannon Kane by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 95 ORDER: On July 12, 2019, the Court denied the defendants' motion to bifurcate trial, with leave to renew after the completion of discovery. ECF No. 93. Because the Court has denied the defendants motion to bifurcate trial, limiting discovery to "phase one" is not appropriate at this time. Accordingly, both the defendants' motion for protective order regarding requests for production, ECF No. 75, and the defendants' supplemental motion for protective order regarding subpoena requests, ECF No. 90, are DENIED. The plaintiffs' request for an award of fees and costs is also DENIED. Signed by Magistrate Judge Robert J. Krask on 7/19/2019. (dcou, ) |
MOTIONS REFERRED to Magistrate Judge: Robert J. Krask #75 MOTION for Protective Order , #90 Supplemental MOTION for Protective Order (dcou, ) |
Filing 94 REPLY to Response to Motion re #90 Supplemental MOTION for Protective Order filed by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Harris, Gerald) |
Filing 93 ORDER: Defendants' Motion to Bifurcate (ECF No. 79) is DENIED with leave to renew after completion of discovery. If Defendants choose to file a renewed Motion to Bifurcate, it shall be filed on or before September 17, 2019. Signed by District Judge Arenda L. Wright Allen on 7/12/2019. (dcou, ) |
Filing 92 Opposition to #91 Memorandum in Support, #90 Supplemental MOTION for Protective Order filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit A (Defendants' Responses to Plaintiffs' Requests for Admission))(Hebert, Joseph) |
Filing 91 Memorandum in Support re #90 Supplemental MOTION for Protective Order filed by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Rule 45 Subpoena to Robert Dyer)(Harris, Gerald) |
Filing 90 Supplemental MOTION for Protective Order by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Harris, Gerald) |
Filing 89 ORDER AMENDING RULE 16(B) SCHEDULING ORDER: It APPEARING the parties are in agreement with the proposed amendments. Defendants Motion to Amend Rule 16(b) Scheduling Order is hereby GRANTED and it is hereby ORDERED that the Rule 16(b) Scheduling Order (EOF No. 72) in this matter shall be amended as indicated herein. See Order for deadlines. Signed by Magistrate Judge Robert J. Krask on 6/24/2019. (dcou, ) |
Filing 88 MOTION for Entry of Order Amending Rule 16(b) Scheduling Order by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Proposed Order Amending Rule 16(b) Scheduling Order)(Harris, Gerald) |
Filing 87 Request for Hearing by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re #79 MOTION to Bifurcate (Harris, Gerald) |
Filing 86 REPLY to Response to Motion re #79 MOTION to Bifurcate Trial filed by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Harris, Gerald) |
Filing 85 ORDER granting #83 , the Motion to appear Pro Hac Vice by Christopher Lamar as certified by local counsel J. Gerald Hebert. Signed by District Judge Arenda L. Wright Allen on 6/18/2019. (Allen, Arenda) |
Filing 84 Memorandum in Opposition re #79 MOTION to Bifurcate filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Exhibit A)(Hebert, Joseph) |
Filing 83 Motion to appear Pro Hac Vice by Christopher Lamar and Certification of Local Counsel J. Gerald Hebert by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 82 Request for Hearing by Jessica Abbott, City of Virginia Beach, Virginia, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten re #75 MOTION for Protective Order , #76 Memorandum in Support, (Kurt, Joseph) |
Filing 81 REPLY to Response to Motion re #75 MOTION for Protective Order filed by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) |
Notice of Correction re #77 Motion to appear Pro Hac Vice by Christopher Lamar and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6664329. The Clerk's Office has notified counsel regarding incomplete information. When re-filed counsel should not pay a second filing fee. (tlev, ) |
Filing 80 Memorandum in Support re #79 MOTION to Bifurcate Trial filed by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) |
Filing 79 MOTION to Bifurcate by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) |
Filing 78 Memorandum in Opposition re #75 MOTION for Protective Order filed by Georgia Allen, Latasha Holloway. (Attachments: #1 Exhibit Exhibit 1)(Hebert, Joseph) |
Filing 77 Motion to appear Pro Hac Vice by Christopher Lamar and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6664329. by Georgia Allen, Latasha Holloway. (Hebert, Joseph) |
Filing 76 Memorandum in Support re #75 MOTION for Protective Order filed by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Attachments: #1 Exhibit)(Kurt, Joseph) |
Filing 75 MOTION for Protective Order by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, David Nygaard, Donna Patterson, Aaron R. Rouse, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood, Sabrina Wooten. (Kurt, Joseph) |
Filing 74 Settlement Conference Order: Settlement conference scheduled for September 16, 2019 at 9:30 a.m.; memorandum due September 9, 2019 by noon; see Order for details. Signed by Magistrate Judge Robert J. Krask on 5/1/2019. (dcou, ) |
Set/Reset Hearings: Settlement Conference set for 9/16/2019 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Robert J. Krask. (jjon) |
Filing 73 ORDER granting #68 , the Motion to Substitute Parties, as follows: Ben Davenport and John Uhrin, two Defendants named in their official capacities, no longer hold elected office. The parties jointly stipulate that the new active members of the City Council of Virginia Beach, David Nygaard, Aaron R. Rouse, and Sabrina Wooten, shall be named Defendants. Signed by District Judge Arenda L. Wright Allen on 4/9/2019. (Allen, Arenda) |
Filing 72 Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 12/20/2019 at 11:00 AM at the courthouse in Norfolk. Bench Trial set for 1/14/2020 at 10:00 AM in Norfolk. Signed by District Judge Arenda L. Wright Allen and filed on 4/2/19. (lhow) |
Scheduling Conference - Rule 16b held on 3/20/2019. (lhow) |
Filing 71 RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 3/20/2019 at 11:00 AM in Norfolk Courtroom 3. Signed by Magistrate Judge Robert J. Krask on 3/4/2019, filed 3/5/2019. (vwar) |
Filing 70 ORDER granting #69 , the Motion to Withdraw as Attorney filed by Charquia Venee Wright; Ms. Wright has concluded her engagement at the firm handling this matter on behalf of Plaintiffs. Defendants do not oppose this withdrawal. Signed by District Judge Arenda L. Wright Allen on 2/1/2019. (Allen, Arenda) |
Filing 69 MOTION to Withdraw as Attorney by Georgia Allen, Latasha Holloway. (Wright, Charquia) |
Filing 68 MOTION to Substitute Party Pursuant to Fed. R. Civ. P. 25(d) by Georgia Allen, Latasha Holloway. (Wright, Charquia) |
Refer for 16(b) (dcou, ) |
Filing 67 ANSWER to Complaint by Jessica Abbott, City of Virginia Beach, Virginia, Ben Davenport, Robert Dyer, David L. Hansen, Barbara Henley, Louis Jones, Shannon Kane, John Moss, Donna Patterson, John Uhrin, Virginia Beach City Council, Rosemary Wilson, James Wood.(Harris, Gerald) |
Filing 66 WAIVER OF SERVICE Returned Executed. (Attachments: #1 Letter)(dcou, ) |
Filing 65 ORDER granting #64 Motion for Extension of Time to File Response/Reply. Defendant City of Virginia Beach's time for responding to the plaintiffs' amended complaint is extended to match the filing deadline for the newly added defendants, who have agreed to waive service of process. Signed by Magistrate Judge Robert J. Krask on 11/20/2018. (Krask, Robert) |
MOTIONS REFERRED to Magistrate Judge: Krask. #64 MOTION for Extension of Time to File Response/Reply as to #62 Amended Complaint,, (dcou, ) |
Filing 64 MOTION for Extension of Time to File Response/Reply as to #62 Amended Complaint,, by City of Virginia Beach, Virginia. (Harris, Gerald) |
Filing 63 Summonses Issued as to All Defendants. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Summons Davenport, #2 Summons Dyer, #3 Summons Hansen, #4 Summons Henley, #5 Summons Jones, #6 Summons Kane, #7 Summons Moss, #8 Summons Patterson, #9 Summons VB City Council, #10 Summons Wilson, #11 Summons Wood, #12 Civil Motions Procedure)(dcou, ) |
Filing 62 AMENDED COMPLAINT against All Defendants, filed by Latasha Holloway, Georgia Allen. (Attachments: #1 Exhibit Summons for Barbara Henley, #2 Exhibit Summons for Ben Davenport, #3 Exhibit Summons for David L. Hansen, #4 Exhibit Summons for Donna Patterson, #5 Exhibit Summons for James Wood, #6 Exhibit Summons for Jessica Abbot, #7 Exhibit Summons for John Moss, #8 Exhibit Summons for John Uhrin, #9 Exhibit Summons for Louis Jones, #10 Exhibit Summons for Robert Dyer, #11 Exhibit Summons for Rosemary Wilson, #12 Exhibit Summons for Shannon Kane, #13 Exhibit Summons for Virginia Beach City Council)(Wright, Charquia) |
Filing 61 ORDER granting #49 , the Motion to appear Pro Hac Vice by Ruth M. Greenwood as certified by local counsel Charquia Wright for Latasha Holloway. Signed by District Judge Arenda L. Wright Allen on 10/02/2018. (Allen, Arenda) |
Filing 60 ORDER granting #57 , the Motion to appear Pro Hac Vice by Paul M. Smith as certified by local counsel J. Gerald Hebert for Latasha Holloway. Signed by District Judge Arenda L. Wright Allen on 9/27/2018. (Allen, Arenda) |
Filing 59 ORDER: The Court GRANTS Plaintiff leave to file an Amended Complaint within forty-five days from the date of entry of this Order. As a result, Defendant's Motion to Dismiss, ECF No, 13, is DISMISSED as moot; Plaintiff's First Motion to Amend, ECF No. 28, is DISMISSED as moot; Plaintiff's Second Motion to Amend, ECF No. 32, is DISMISSED as moot; Plaintiffs Motion for Extension, ECF No. 33, is DISMISSED as moot; Plaintiff's Motion to Certify, ECF No. 34, is DISMISSED as moot; Plaintiff's Motion for Preliminary Injunction, ECF No. 35, is DISMISSED as moot; Plaintiff's Motion for Reconsideration, ECF No. 37, is DISMISSED as moot; Plaintiff's Motion to Stay, ECF No. 41, is DISMISSESD as moot; and Plaintiff's Third Motion to Amend, ECF No. 43, is DISMISSED as moot. Copies of this Order sent as DIRECTED on 9.26.18. Signed by District Judge Arenda L. Wright Allen and filed n 9/26/2018. (epri) |
Filing 58 ORDER granting #52 , the Motion to appear Pro Hac Vice by Annabelle Elizabeth Harless as certified by local counsel Charquia Wright for Latasha Holloway. Signed by District Judge Arenda L. Wright Allen on 9/26/2018. (Allen, Arenda) |
Filing 57 Motion to appear Pro Hac Vice by Paul M. Smith and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6289359. by Latasha Holloway. (Hebert, J.) |
Filing 56 ORDER granting #51 , the Motion to appear Pro Hac Vice by Danielle Lang as certified by local counsel J. Gerald Hebert for Latasha Holloway. Signed by District Judge Arenda L. Wright Allen on 9/26/2018. (Allen, Arenda) |
Filing 55 Waiver of re #53 MOTION to Amend/Correct #5 Complaint and Withdraw All Other Pending Motions Waiver of Oral Argument by Latasha Holloway (Wright, Charquia) |
Filing 54 Brief in Support to #53 MOTION to Amend/Correct #5 Complaint and Withdraw All Other Pending Motions filed by Latasha Holloway. (Wright, Charquia) |
Filing 53 MOTION to Amend/Correct #5 Complaint and Withdraw All Other Pending Motions by Latasha Holloway. (Attachments: #1 Proposed Order)(Wright, Charquia) |
Filing 52 Motion to appear Pro Hac Vice by Annabelle Elizabeth Harless and Certification of Local Counsel Charquia Wright Filing fee $ 75, receipt number 0422-6288200. by Latasha Holloway. (Wright, Charquia) |
Filing 51 Motion to appear Pro Hac Vice by Danielle Lang and Certification of Local Counsel J. Gerald Hebert Filing fee $ 75, receipt number 0422-6287890. by Latasha Holloway. (Hebert, J.) |
Filing 50 NOTICE of Appearance by J. Gerald Hebert on behalf of Latasha Holloway (Hebert, J.) |
Filing 49 Motion to appear Pro Hac Vice by Ruth M. Greenwood and Certification of Local Counsel Charquia Wright Filing fee $ 75, receipt number 0422-6286172. by Latasha Holloway. (Wright, Charquia) |
Filing 48 NOTICE of Appearance by Charquia Venee Wright on behalf of Latasha Holloway (Wright, Charquia) |
Filing 47 NOTICE of Appearance by Charquia Venee Wright on behalf of Latasha Holloway (Wright, Charquia) |
Notice of Correction re 47 Notice of Appearance. The filing user has been notified that document (47) is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document.(epri) |
Filing 46 PLAINTIFF' S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STAY AND AMENDED COMPLAINT, re #41 and #43 filed by Latasha Holloway (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Letter)(epri) |
Filing 45 NOTICE by City of Virginia Beach, Virginia of Waiver of Oral Hearing on Pending Motions (Harris, Gerald) |
Filing 44 Memorandum in Opposition re #43 MOTION to Add Parties to Amended Complaint filed by City of Virginia Beach, Virginia. (Harris, Gerald) |
Filing 43 PLAINTIFF' S MOTION TO ADD PARTIES GEORGIA F. ALLEN BRIEF IN SUPPORT by Latasha Holloway. (Attachments: #1 Exhibit, #2 Letter, #3 Proposed Order)(epri) |
Filing 42 AFFIDAVIT OF GEORGIA F. ALLEN (Attachments: #1 Envelope)(epri) |
Filing 41 MOTION TO STAY PROCEEDINGS AND MEMORANDUM IN SUPPORT by Latasha Holloway. (epri) |
Filing 40 Consolidated Reply Memorandum In Opposition to City's Brief In Opposition to Plaintiff's Amended Complaint For Declaratory and Injunctive Relief and Preliminary Injunction filed by Latasha Holloway. (afar) |
Filing 39 Memorandum in Opposition re #35 MOTION for Preliminary Injunction filed by City of Virginia Beach, Virginia. (Kurt, Joseph) |
Filing 38 RESPONSE in Opposition re #34 MOTION TO CERTIFY CASE AS A CLASS filed by City of Virginia Beach, Virginia. (Harris, Gerald) |
Filing 37 MOTION to Reconsider Appointment of Counsel by Latasha Holloway. (afar) |
Filing 36 AMENDED AFFIDAVIT by Latasha Holloway. (afar) |
Filing 35 MOTION - Memorandum of Law In Support of Motion to Request Preliminary Injunction by Latasha Holloway. (Attachments: #1 Letter)(afar) |
Filing 34 PLAINTIFF'S MOTION TO CERTIFY CASE AS A CLASS by Latasha Holloway. (epri) |
Filing 33 MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT by Latasha Holloway. (epri) |
Filing 32 MOTION to Amend by Latasha Holloway. (Attachments: #1 Proposed amended)(epri) |
Filing 31 RESPONSE in Opposition re #28 MOTION for Leave to File Amended Complaint and Add Additional Defendants filed by City of Virginia Beach, Virginia. (Harris, Gerald) |
Filing 30 REPLY to Response to Motion re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by City of Virginia Beach, Virginia. (Harris, Gerald) |
Filing 29 Duplicate documents to #26 , #28 , by Latasha Holloway. (epri) |
Filing 28 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AND JOIN ADDITIONAL PARTIES DEFENDANTS by Latasha Holloway. (Attachments: #1 Proposed Complaint)(epri) |
Filing 27 AFFIDAVIT OF LATASHA HOLLOWAY re #26 Response in Opposition to Motion by Latasha Holloway. (Attachments: #1 Letter)(epri) |
Filing 26 REPLY OBJECTION AND MEMORANDUM OF LAW IN SUPPORT IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS filed by Latasha Holloway. (Attachments: #1 Letter)(epri) |
Filing 25 ORDER: Plaintiff's Motion for Extension, ECF No. 23, is GRANTED. To the extent Plaintiff wishes to file a response brief in opposition to Defendant's Motion to Dismiss, Plaintiff is DIRECTED to do so within forty-five days from the date of entry of this Order. To the extent Defendant wishes to reply to any response brief filed by Plaintiff, Defendant is DIRECTED to do so within fourteen days after the service of Plaintiff's response brief. Further, Plaintiff's Renewed Motion for Appointment of Counsel, ECF No. 24, is DENIED at this time without prejudice. Copies of this Order sent as DIRECTED on 6.5.18. Signed by District Judge Arenda L. Wright Allen and filed on 6/5/2018. (epri) |
Filing 24 RENEWED MOTION FOR APPOINTTMENT OF COUNSEL by Latasha Holloway. (epri) |
Filing 23 MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT, re #13 , by Latasha Holloway. (epri) |
Filing 22 ORDER: To the extent Plaintiff wishes to file a response brief in opposition to Defendant's Motion to Dismiss, Plaintiff is DIRECTED to do so within twenty-one days from the date of entry of this Order. To the extent Defendant wishes to reply to any response brief filed by Plaintiff, Defendant is DIRECTED to do so within six days after the service of Plaintiff's response brief. Copies of this Order sent as DIRECTED on 5.21.18. Signed by District Judge Arenda L. Wright Allen on 5/18/2018. (epri) |
Filing 21 USCA Mandate re #7 Notice of Appeal. The judgment of this court, entered April 24, 2018, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (18-1186) (epri) |
Filing 20 USCA JUDGMENT as to #7 Notice of Appeal filed by Latasha Holloway. In accordance with the decision of this court, this appeal is dismissed.This judgment shall take effect upon issuance of this court's mandate inaccordance with Fed. R. App. P. 41. (18-1186) (epri) |
Filing 19 Opinion of USCA (Copy) DISMISSED re #7 Notice of Appeal attached copy of judgment will not take effect until issuance of the mandate. Dismissed by unpublished per curiam opinion. (18-1186) (epri) |
Filing 18 ORDER: Plaintiff's Motion to Stay, ECF No. 10, is GRANTED, and this action is stayed pending the resolution of Plaintiff's appeal to the Fourth Circuit. Copies of this Order sent as DIRECTED on 4.12.18. Signed by District Judge Arenda L. Wright Allen and filed on 4/12/2018. (epri) |
Filing 17 NOTICE of Appearance by Christopher Scott Boynton on behalf of City of Virginia Beach, Virginia (Boynton, Christopher) |
Filing 16 CERTIFICATE of Service re #15 Notice of Appearance by Joseph Martin Kurt on behalf of City of Virginia Beach, Virginia (Kurt, Joseph) |
Notice of Correction re #15 Notice of Appearance. Unfortunately, document number 15 does not include a Certificate of Service. Please file the Certificate of Service as a separate document. Use the Certificate of Service event (under notices) and link the Certificate of Service to the document it was omitted from. (jjon) |
Filing 15 NOTICE of Appearance by Joseph Martin Kurt on behalf of City of Virginia Beach, Virginia (Kurt, Joseph) |
Filing 14 Memorandum in Support re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by City of Virginia Beach, Virginia. (Attachments: #1 Exhibit A)(Harris, Gerald) |
Filing 13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by City of Virginia Beach, Virginia. (Harris, Gerald) |
Filing 12 WAIVER OF SERVICE Returned Executed by City of Virginia Beach, Virginia. City of Virginia Beach, Virginia waiver sent on 2/12/2018. (Attachments: #1 Letter)(jjon) |
Filing 11 ORDER: Plaintiff's Motion for Leave to File Interlocutory Appeal, ECF No. 6, is DENIED. The Court will DEFER its ruling on Plaintiff's Motion to Stay, ECF No. 10, until Defendant files its responsive pleading with the Court. Copies of this Order sent as DIRECTED on 2.23.18. Signed by District Judge Arenda L. Wright Allen and filed on 2/23/2018. (epri) |
Filing 10 MOTION TO STAY PROCEEDINGS PENDING APPEAL by Latasha Holloway. (epri) |
Filing 9 USCA Case Number 18-1186 4CCA Case Manager - Ashley Brownlee - for #7 Notice of Appeal filed by Latasha Holloway. (18-1186) (epri) |
Filing 8 Transmission of Notice of Appeal to US Court of Appeals re #7 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Attachments: #1 Notice of Appeal)(epri) |
Assembled INITIAL Electronic Record Transmitted to 4CCA re #7 Notice of Appeal (epri) |
Filing 7 NOTICE OF APPEAL as to #4 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Appoint Counsel, by Latasha Holloway. (epri) |
Filing 6 MOTION FOR LEAVE TO FILE INTERLOCUTORY APPEAL by Latasha Holloway. (epri) |
Filing 5 COMPLAINT against City of Virginia Beach, Virginia, filed by Latasha Holloway.(epri) |
Filing 4 ORDER: The Court GRANTS Plaintiff's IFP Application, ECF No. 1, and the Clerk is DIRECTED to file Plaintiff's Complaint. The Clerk is further DIRECTED to prepare a Notice of Lawsuit and Waiver of Service form for Defendant. A copy of the Complaint, this Order, the Notice of Lawsuit, and two copies of the Waiver of Service form are to be sent to Defendant at the address provided by Plaintiff. If Defendant fails to waive service, the Clerk is DIRECTED to (i) issue summons, (ii) prepare a packet containing a summons, a copy of the Complaint, and this Order for Defendant, and (iii) deliver the packets to the United States Marshal, who is DIRECTED to serve the packet upon Defendant. Plaintiff's Motion for Appointment of Counsel, ECF No. 2, is DENIED at this time without prejudice. A copy of this Order was sent to Plaintiff as DIRECTED on 2.12.18. Signed by District Judge Arenda L. Wright Allen and filed on 2/12/2018. (epri) |
Case transferred in from Richmond Division. Case Number 3:17cv773. (afar) |
Filing 3 MEMORANDUM ORDER that this matter is before the Court sua sponte upon its review of the allegations in Plaintiff Latasha Holloway's proposed Complaint. (ECF Nos. #1 -1) (please see Order for additional information.) Accordingly, pursuant to 28 U.S.C. 139l(b)(2) and Local Civil Rule 3(C), venue lies in the Norfolk Division, and is not proper in the Richmond Division. Accordingly, the Court TRANSFERS this matter to the Norfolk Division. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 02/02/2018. Copy mailed to Plaintiff. (walk, ) |
Filing 2 MOTION to Appoint Counsel by Latasha Holloway. (tjoh, ) |
Filing 1 MOTION for Leave to Proceed in forma pauperis by Latasha Holloway. (Attachments: #1 Complaint)(tjoh, ) |
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