Nazario v. Gutierrez et al
Plaintiff: Caron Nazario
Defendant: Joe Gutierrez and Daniel Crocker
Petitioner: Rodney Riddle
Case Number: 2:2021cv00169
Filed: April 2, 2021
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Robert G Doumar
Referring Judge: Lawrence R Leonard
2 Judge: Roderick C Young
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2022 Opinion or Order Filing 127 Memorandum in Support re #126 Second MOTION in Limine to Exclude or Limit Kenneth Wallentine's Testimony filed by Caron Nazario. (Arthur, Jonathan)
October 7, 2022 Opinion or Order Filing 126 Second MOTION in Limine to Exclude or Limit Kenneth Wallentine's Testimony by Caron Nazario. (Attachments: #1 Proposed Order)(Arthur, Jonathan)
October 6, 2022 Opinion or Order Filing 125 Memorandum in Opposition re #122 Second MOTION in Limine to Exclude Brandon Tatum filed by Daniel Crocker. (Lahren, Anne)
October 5, 2022 Opinion or Order Filing 124 Response to #121 Order,, Plaintiff's Objections, Additions, and Proposed Changes to Jury Questionnaire filed by Caron Nazario. (Arthur, Jonathan)
September 27, 2022 Opinion or Order Filing 123 Memorandum in Support re #122 Second MOTION in Limine to Exclude Brandon Tatum filed by Caron Nazario. (Arthur, Jonathan) (Main Document 123 replaced on 9/27/2022) (mrees, ).
September 27, 2022 Opinion or Order Filing 122 Second MOTION in Limine to Exclude Brandon Tatum by Caron Nazario. (Attachments: #1 Proposed Order)(Arthur, Jonathan) (Main Document 122 replaced on 9/27/2022) (mrees, ). (Attachment 1 replaced on 9/27/2022) (mrees, ).
September 27, 2022 Opinion or Order Notice of Correction re #123 Memorandum in Support, #122 Second MOTION in Limine to Exclude Brandon Tatum. Document numbers 122 and 123 have a wrong signature date of 1/17/22 which is incorrect and does not match the filing date. Counsel has been given emailed instructions to email the corrected documents for the Clerk to replace on the docket. (mrees, )
September 26, 2022 Opinion or Order Filing 121 ORDER: The Court hereby ORDERS the parties to file, not later than October 17, 2022, any request for additional questions to be added to the case questionnaire, as well as any specific objections to the questions proposed by the Court. Each party shall also identify questions that it proposes should be eliminated. Each party shall identify any potential witness that should be added to paragraph 23 of the case questionnaire. Each party shall have until 10/24/2022, to file objections to any other party's proposed questions and eliminations. See Order for additional details. Signed by District Judge Roderick C. Young on 9/26/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(afar)
September 15, 2022 Opinion or Order Filing 120 ORDER denying without prejudice #83 Motion to Exclude Defendant Crocker's Expert Witnesses and denying without prejudice #85 Motion to Exclude Defendant Gutierrez's Proposed Expert. The parties are directed to consider the Court's Memorandum Opinion regarding parties' Motions for Summary Judgment and to meet and confer in a good faith effort to narrow the areas of disagreement prior to refiling such motions. Signed by District Judge Roderick C. Young on 9/15/22. (Copies distributed as directed on 9/15/22.) (jjon)
September 15, 2022 Opinion or Order Filing 119 SCHEDULING ORDER: Final Pretrial Conference RESET for 12/14/2022 at 09:30 AM in Richmond Courtroom 6000 before District Judge Roderick C. Young. Jury Trial (5 days) RESET for 1/9/2023 at 09:15 AM in Richmond Courtroom 6000 before District Judge Roderick C. Young. See Order for further details. Signed by District Judge Roderick C. Young on 9/15/22. (jjon)
September 14, 2022 Opinion or Order Filing 118 Minute Entry for proceedings held before District Judge Roderick C. Young: Status Conference held on 9/14/2022. Plaintiff appeared through Jon Arthur and Tom Roberts. Jessica Swauger and Coreen Silverman appeared on behalf of defendant Gutierrez. Anne Lahren and Richard Matthews appeared on behalf of defendant Crocker. Court advised counsel that it had spoken to the jury clerk and that it would be using questionnaires in lieu of expanding voir dire. The Court further advised that it would be issuing an Order that would include a questionnaire. Counsel is to meet and confer and file a joint response regarding the questionnaire by the deadline in the Order. Court will finalize questionnaire after reviewing joint response of parties. Mr. Arthur heard regarding issue which could potentially affect January trial date. The Court advised that it would set the matter for trial in January and if counsel finds out that there is an issue, counsel is to notify Court. Jury Trial (5 days) reset for 1/9/23 at 9:15 a.m. in Richmond Courtroom 6000 before U.S. District Judge Roderick C. Young. FPTC reset for 12/14/22 at 9:30 a.m. in Richmond Courtroom 6000 before U.S. District Judge Roderick C. Young. The Court is to issue a new scheduling order. The Court dismissed without prejudice plaintiff's pending motions (ECF No. #83 Motion to Exclude Defendant Crocker's Expert Witnesses and ECF No. #85 Motion to Exclude Defendant Gutierrez's Proposed Expert) and is to issue an Order. Counsel are to meet and confer prior to refiling these motions or filing any other motions and should do so only after reviewing the Court's rulings on the parties' Motions for Summary Judgment. Court in recess. (Court Reporter Tracy Stroh, OCR.) (jjon)
September 12, 2022 Opinion or Order Filing 117 Minute Entry for proceedings held before District Judge Roderick C. Young: Status Conference held on 9/12/2022. Plaintiff appeared through Jon Arthur. Jessica Swauger and Coreen Silverman appeared on behalf of defendant Gutierrez. Anne Lahren and Bob Samuel appeared on behalf of defendant Crocker. Court inquired of counsel regarding whether anyone had filed an interlocutory appeal. Counsel advised Court that they had not. Court advised it would reset matter for trial. Counsel advised Court that they may need more than 5 days for trial given that voir dire may take a day or more. Court advised counsel that it could use a jury questionnaire and larger jury pool. Court advised that it would discuss logistics of that with jury clerk and then set matter for another status conference. No objection by counsel. Status Conference set for 9/19/2022 at 09:30 AM via Zoom before District Judge Roderick C. Young. Court advised clerk and parties to hold trial date that parties agreed upon pending conversation with jury clerk and next status conference. Court also inquired of plaintiff regarding plaintiff's pending motions (ECF No. #83 Motion to Exclude Defendant Crocker's Expert Witnesses and ECF No. #85 Motion to Exclude Defendant Gutierrez's Proposed Expert) to see if those still stand as written following the rulings made on the parties' summary judgment motions. Mr. Arthur heard. Court directed plaintiff's counsel to review motions prior to next status conference and advise Court on 9/19/22. Court in recess. (Court Reporter Tracy Stroh, OCR.) (jjon)
September 12, 2022 Opinion or Order Set/Reset Hearings: Status Conference RESET for 9/14/2022 at 01:30 PM via Zoom before District Judge Roderick C. Young. (jjon)
August 12, 2022 Opinion or Order Set/Reset Hearings: Status Conference set for 9/12/2022 at 09:30 AM via Zoom before District Judge Roderick C. Young. (jjon)
August 9, 2022 Opinion or Order Filing 116 NOTICE of Appearance by Jessica Ann Swauger on behalf of Joe Gutierrez (Swauger, Jessica)
August 9, 2022 Opinion or Order Filing 115 ORDER: Defendant Crocker's #77 Motion for Summary Judgment is GRANTED as to Counts I, II, and IV and DENIED as to the remaining counts; Defendant Gutierrez's #79 Motion for Summary Judgment is GRANTED as to Counts I, II, and IV and DENIED as to the remaining counts; and Plaintiff's #81 Motion for Summary Judgment is GRANTED as to Counts III and VIII against Defendant Crocker and DENIED as to the remaining Counts. The parties are DIRECTED to contact the courtroom deputy of the undersigned within seven days of the date of this Order to set a status conference. Signed by District Judge Roderick C. Young on 8/9/22. (mrees, )
August 9, 2022 Opinion or Order Filing 114 MEMORANDUM OPINION re #77 Defendant Crocker's Motion for Summary Judgment, #79 Defendant Gutierrez's Motion for Summary Judgment, and #81 Plaintiff's Motion for Summary Judgment. Signed by District Judge Roderick C. Young on 8/9/22. (mrees, )
July 15, 2022 Opinion or Order Filing 113 ORDER granting #112 Motion to Withdraw. It is hereby ORDERED that (1) Defendant Gutierrez's Motion to Withdraw is GRANTED; and (2) Dustin Plumadore is removed as counsel of record for Defendant in this matter. Signed by District Judge Roderick C. Young on 7/15/22. (mrees, )
July 13, 2022 Opinion or Order Filing 112 MOTION to Withdraw Appearance of Dustin J. H. Plumadore by Joe Gutierrez. (Attachments: #1 Proposed Order)(Plumadore, Dustin) (Main Document 112 replaced on 7/13/2022) (mrees, ).
April 4, 2022 Opinion or Order Filing 111 Minute Entry for proceedings held before District Judge Roderick C. Young: Status Conference held on 4/4/2022. Jonathan Arthur appeared on behalf of plaintiff. Dustin Plumadore and Coreen Silverman appeared on behalf of defendant Gutierrez. Anne Lahren, Richard Matthews, Bryan Peeples and Bob Samuel appeared on behalf of defendant Crocker. Court inquired of counsel whether they plan on pursuing an interlocutory appeal should they lose the motion for summary judgment. Mr. Arthur, Mr. Plumadore and Ms. Lahren confirmed that should their party lose the motion, they would seek interlocutory appeal. The Court advised that it would hold off on resetting the trial date given counsel's positions and that it would give counsel time to file an appeal following rulings on summary judgment motions. Trial date to be reset and new scheduling order to be entered in case following appeal. No objection by counsel to plan proposed by court. Court in recess. (Court Reporter Jill Trail, OCR.) (jjon)
March 25, 2022 Opinion or Order Set/Reset Hearings: Status Conference set for 4/4/2022 at 01:30 PM via Zoom before District Judge Roderick C. Young. (jjon)
March 24, 2022 Opinion or Order Filing 110 ORDER: The Court hereby GRANTS the parties #106 Joint Motion for Continuance and Request for Status Conference and DENIES AS MOOT Plaintiff's #108 Consent Motion for Extension. The Court hereby STAYS the deadlines in this matter; the final pretrial conference scheduled for April 21, 2022, is CANCELLED; and the trial in this matter, scheduled to commence on May 2, 2022, is CONTINUED GENERALLY. The parties are DIRECTED to contact the courtroom deputy of the undersigned within seven days of the date of this Order to set a new status conference. Signed by District Judge Roderick C. Young on 3/24/22. (mrees, )
March 23, 2022 Opinion or Order Filing 109 Memorandum in Support re #108 MOTION for Extension and or Modification of Rule 16 Scheduling Order filed by Caron Nazario. (Arthur, Jonathan)
March 23, 2022 Opinion or Order Filing 108 MOTION for Extension and or Modification of Rule 16 Scheduling Order by Caron Nazario. (Attachments: #1 Proposed Order)(Arthur, Jonathan)
March 23, 2022 Opinion or Order Filing 107 Memorandum in Support re #106 Joint MOTION to Continue Continuance of Trial Date and Request for Status Conference filed by Daniel Crocker. (Attachments: #1 Proposed Order)(Lahren, Anne)
March 23, 2022 Opinion or Order Filing 106 Joint MOTION to Continue Continuance of Trial Date and Request for Status Conference by Daniel Crocker. (Lahren, Anne)
February 3, 2022 Opinion or Order MOTIONS REFERRED to Magistrate Judge: Leonard. #83 MOTION to Exclude Defendant Crocker's Expert Witnesses, #85 MOTION to Exclude Defendant Gutierrez's Proposed Expert (mrees, )
February 2, 2022 Opinion or Order Filing 105 Reply to #98 Opposition to Caron Nazario's Motion to Exclude defendant Gutierrez's Expert filed by Caron Nazario. (Arthur, Jonathan)
February 2, 2022 Opinion or Order Filing 104 Reply to #97 Opposition to Caron Nazario's Motion to Exclude defendant Crocker's Expert filed by Caron Nazario. (Attachments: #1 Exhibit)(Arthur, Jonathan)
February 2, 2022 Opinion or Order Filing 103 ORDER: The Court DENIES Defendant Guiterrez's #15 Motion to Dismiss, DENIES Defendant Crocker's #19 Motion to Dismiss, and DENIES Plaintiff's #23 Motion to Find Defendant Gutierrez's Answer Deficient. Signed by District Judge Roderick C. Young on 2/2/22. (mrees, )
February 2, 2022 Opinion or Order Filing 102 MEMORANDUM OPINION. Signed by District Judge Roderick C. Young on 2/2/22. (mrees, )
February 1, 2022 Opinion or Order Filing 101 Reply to #95 Opposition to #80 Motion for Summary Judgment filed by Joe Gutierrez. (Plumadore, Dustin)
February 1, 2022 Opinion or Order Filing 100 Reply to #93 Opposition, #90 Opposition, filed by Caron Nazario. (Attachments: #1 Exhibit)(Arthur, Jonathan)
February 1, 2022 Opinion or Order Filing 99 Reply to #94 Opposition to Crocker's Motion for Summary Judgment against Plaintiff Nazario filed by Daniel Crocker. (Lahren, Anne)
January 27, 2022 Opinion or Order Filing 98 Opposition to #86 Memorandum in Support, #85 MOTION to Exclude Defendant Gutierrez's Proposed Expert filed by Joe Gutierrez. (Plumadore, Dustin)
January 27, 2022 Opinion or Order Filing 97 Opposition to #83 MOTION to Exclude Defendant Crocker's Expert Witnesses, #84 Memorandum in Support,, filed by Daniel Crocker. (Lahren, Anne)
January 27, 2022 Opinion or Order Filing 96 ORDER finding as moot #75 Motion for Leave to File Excess Pages. Plaintiff's memorandum does not exceed the limit established by Local Rule. Signed by Magistrate Judge Lawrence R. Leonard on 1/27/2022. (Leonard, Lawrence)
January 26, 2022 Opinion or Order Filing 95 Opposition to #79 MOTION for Summary Judgment by Joseph Raymond Gutierrez filed by Caron Nazario. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Arthur, Jonathan)
January 26, 2022 Opinion or Order Filing 94 Opposition to #77 MOTION for Summary Judgment Daniel Allen Crocker filed by Caron Nazario. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Arthur, Jonathan)
January 26, 2022 Opinion or Order Filing 93 Opposition to #81 MOTION for Summary Judgment against defendants Gutierrez and Crocker, #82 Memorandum in Support,,,,,, filed by Joe Gutierrez. (Plumadore, Dustin)
January 26, 2022 Opinion or Order Filing 92 MODIFIED SCHEDULING ORDER: Final Pretrial Conference RESET for 4/21/2022 at 01:15 PM via Zoom before District Judge Roderick C. Young. Jury Trial (5 days) RESET for 5/2/2022 at 09:30 AM in Richmond Division before District Judge Roderick C. Young. See Order for further details. Signed by District Judge Roderick C. Young on 1/26/22. (jjon)
January 26, 2022 Opinion or Order Filing 91 Minute Entry for proceedings held before District Judge Roderick C. Young: Status Conference held on 1/26/2022. Plaintiff appeared through Jonathan Arthur and Thomas Roberts. John Mumford, Jr. and Dustin Plumadore appeared on behalf of Defendant Gutierrez. Anne Lahren and Richard Matthews appeared on behalf of Defendant Crocker. Court reviewed current trial schedule and inquired of counsel regarding status of case. Mr. Arthur, Mr. Mumford, Mr. Matthews and Mr. Roberts heard. Comments and questions of court. For the reasons stated on the record, the Court advised it would continue the trial set for 3/28/22 at 9:30 a.m. to 5/2/22 at 9:30 a.m. in Richmond. Final pretrial conference reset to 4/21/21 at 1:15 p.m. via Zoom. The Court is to issue an order. Court in recess. (Court Reporter Jill Trail, OCR.) (jjon)
January 26, 2022 Opinion or Order Filing 90 Opposition to #81 MOTION for Summary Judgment against defendants Gutierrez and Crocker, #82 Memorandum in Support,,,,,, filed by Daniel Crocker. (Attachments: #1 Exhibit Exhibit A - additional pages from Nazario deposition transcript)(Lahren, Anne)
January 26, 2022 Opinion or Order MOTIONS REFERRED to Magistrate Judge: Leonard. #75 MOTION for Leave to File Excess Pages (mrees, )
January 25, 2022 Opinion or Order Filing 89 Withdrawal of Motion by Caron Nazario re #73 MOTION to Quash defendants Subpoenae duces tecum (Arthur, Jonathan)
January 21, 2022 Opinion or Order Set/Reset Hearings: Status Conference set for 1/26/2022 at 01:15 PM via Zoom before District Judge Roderick C. Young. (jjon)
January 20, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Status Conference held on 1/20/2022. (cdod, )
January 20, 2022 Opinion or Order Filing 88 STATUS REPORT pursuant to the Court's 2021.01.18 Order by Caron Nazario. (Arthur, Jonathan)
January 18, 2022 Opinion or Order Filing 87 ORDER: The Court hereby GRANTS Defendant Crocker's #57 Motion to Compel IME to the extent set forth herein and DENIES Plaintiff's #60 Motion for Protective Order. Additionally, the Court ORDERS Defendant to provide Plaintiff with a statement explaining the scope of the psychological examination that is consistent with this Order. Further, the Court ORDERS Defendant and Plaintiff to MEET AND CONFER on a mutually agreeable time for the examinations to order and to FILE a Joint Status Report recommending necessary modifications to the Scheduling Order. Signed by District Judge Roderick C. Young on 1/18/22. (mrees, )
January 17, 2022 Opinion or Order Filing 86 Memorandum in Support re #85 MOTION to Exclude Defendant Gutierrez's Proposed Expert filed by Caron Nazario. (Attachments: #1 Exhibit Defendant Gutierrez Rule 26(a)(2)(B) designation)(Arthur, Jonathan)
January 17, 2022 Opinion or Order Filing 85 MOTION to Exclude Defendant Gutierrez's Proposed Expert by Caron Nazario. (Attachments: #1 Proposed Order)(Arthur, Jonathan)
January 17, 2022 Opinion or Order Filing 84 Memorandum in Support re #83 MOTION to Exclude Defendant Crocker's Expert Witnesses filed by Caron Nazario. (Attachments: #1 Exhibit Crocker's 26(a)(2)(B) Designations, #2 Exhibit Brandon Tatum's Opinion, #3 Exhibit Brandon Tatum's Resume, #4 Exhibit Brandon Tatum's Wikipedia Article, #5 Exhibit Brandon Tatum's IMDB Page, #6 Exhibit Brandon Tatum's Press Page, #7 Exhibit Brandon Tatum's Amazon link)(Arthur, Jonathan)
January 17, 2022 Opinion or Order Filing 83 MOTION to Exclude Defendant Crocker's Expert Witnesses by Caron Nazario. (Attachments: #1 Proposed Order)(Arthur, Jonathan)
January 12, 2022 Opinion or Order Filing 82 Memorandum in Support re #81 MOTION for Summary Judgment against defendants Gutierrez and Crocker filed by Caron Nazario. (Attachments: #1 Affidavit Exhibit 1 - Plaintiff's Affidavit, #2 Affidavit Exhibit 2 - Records Certification - Town of Windsor Police Department, #3 Affidavit Exhibit 3 - Records Certification - Rodney Riddle - Chief, #4 Exhibit Exhibit 4 - Bates CN-1 - Nazario Cellphone Footage 1, #5 Exhibit Exhibit 5 - Bates CN-2 - Nazario Cellphone Footage - 2, #6 Exhibit Exhibit 6 - Bates CN-3 Gutierrez Body Worn Camera Footage, #7 Exhibit Exhibit 7 - Bates CN-4 Crocker Body Worn Camera Footage - 1, #8 Exhibit Exhibit 8 - Bates CN-5 Crocker Body Worn Camera Footage - 2, #9 Exhibit Exhibit 9 - Crocker's Answers to Nazario's Discovery, #10 Exhibit Exhibit 10 - Crocker's Supplemented Answers to Lt. Nazario's Interrogatories, #11 Exhibit Exhibit 11 - Crocker's Incident Based Report, #12 Exhibit Exhibit 12 - Deposition of Daniel Allen Crocker, #13 Exhibit Exhibit 13 - Deposition of Chief Rodney Riddle, #14 Exhibit Exhibit 14 - Deposition of Joseph Raymond Gutierrez, #15 Exhibit Exhibit 15 - Executive Directives 7 and 8, #16 Exhibit Exhibit 16 - Joseph Raymond Gutierrez's Supplement to Daniel Allen Crocker's Incident Based Report, #17 Exhibit Exhibit 17 - Joseph Raymond Gutierrez Use of Force Report, #18 Exhibit Exhibit 18 - Joseph Raymond Gutierrez's Supplemented answers to Caron Nazario's Interrogatories.)(Arthur, Jonathan)
January 12, 2022 Opinion or Order Filing 81 MOTION for Summary Judgment against defendants Gutierrez and Crocker by Caron Nazario. (Attachments: #1 Proposed Order)(Arthur, Jonathan)
January 12, 2022 Opinion or Order Filing 80 Memorandum in Support re #79 MOTION for Summary Judgment filed by Joe Gutierrez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Mumford, John)
January 12, 2022 Opinion or Order Filing 79 MOTION for Summary Judgment by Joe Gutierrez. (Attachments: #1 Proposed Order)(Mumford, John)
January 12, 2022 Opinion or Order Filing 78 Memorandum in Support re #77 MOTION for Summary Judgment filed by Daniel Crocker. (Attachments: #1 Exhibit Ex. 1 (Nazario phone 1, Complaint Ex. 1), #2 Exhibit Ex. 2 (Nazario phone 2, Complaint Ex. 2), #3 Exhibit Ex. 3 (Gutierrez body cam, Complaint Ex. 3), #4 Exhibit Ex. 4 (Crocker body cam 1, Complaint Ex. 4), #5 Exhibit Ex. 5 (Crocker body cam 2, Complaint Ex. 5), #6 Exhibit Ex. 6 Crocker deposition, #7 Exhibit Ex. 7 Gutierrez deposition, #8 Exhibit Ex. 8 Riddle deposition, #9 Exhibit Ex. 9 Nazario deposition (redacted), #10 Exhibit Ex. 10 Wiliford Owens body camera November 7, 2020 traffic stop redacted, #11 Exhibit Ex. 11 Daniel Crocker Affidavit and video of Rt. 460, #12 Exhibit Ex. 12 Nazario NY In Transit tag, #13 Exhibit Ex. 13 Amicus Brief by National Fraternal Order of Police for US Sup Ct case Kansas v. Glover, #14 Exhibit Ex. 14 Betts v. Brennan 5th Cir. Ct. of Appeals)(Lahren, Anne)
January 12, 2022 Opinion or Order Filing 77 MOTION for Summary Judgment by Daniel Crocker. (Lahren, Anne)
January 11, 2022 Opinion or Order Filing 76 Memorandum in Support re #75 MOTION for Leave to File Excess Pages filed by Caron Nazario. (Arthur, Jonathan)
January 11, 2022 Opinion or Order Filing 75 MOTION for Leave to File Excess Pages by Caron Nazario. (Arthur, Jonathan) (Additional attachment(s) added on 1/12/2022: #1 Proposed Order) (mrees, ).
January 7, 2022 Opinion or Order Filing 74 Memorandum in Support re #73 MOTION to Quash defendants Subpoenae duces tecum filed by Caron Nazario. (Attachments: #1 Exhibit Correspondence)(Arthur, Jonathan)
January 7, 2022 Opinion or Order Filing 73 MOTION to Quash defendants Subpoenae duces tecum by Caron Nazario. (Arthur, Jonathan)
January 5, 2022 Opinion or Order Notice of Correction re #72 MOTION for Joinder with Daniel Crocker's Notice of Waiver of Oral Argument: This document is not a motion. The filing user is advised that if their client wishes to note submission of a motion without oral argument, they should simply file such a notice on their client's behalf, rather than attempting to join the notice of another party. The Clerk's Office will rename the docket entry, and no further action is requested at this time. (bpet, )
January 4, 2022 Opinion or Order Filing 72 Notice of Waiver of Oral Argument by Joe Gutierrez. (Plumadore, Dustin) Modified text and terminated motion on 1/5/22. (bpet, )
December 29, 2021 Opinion or Order Filing 71 Notice of Waiver of Oral Argument re #57 MOTION to Compel Rule 35 IME of Plaintiff and for Extension of Time (combined motion and memorandum of law per Rule 16(b) Scheduling Order) Waiver of Oral Argument by Daniel Crocker (Lahren, Anne) Modified text to match document on 12/30/2021 (mrees, ).
December 29, 2021 Opinion or Order Notice of Correction re #70 Notice of Appearance. The phone number listed on the document does not match the filing user's account in CM/ECF. The filing user has been notified to update their account information via PACER. (mrees, )
December 28, 2021 Opinion or Order Filing 70 NOTICE of Appearance by Dustin Plumadore on behalf of Joe Gutierrez (Plumadore, Dustin)
December 23, 2021 Opinion or Order Filing 69 ORDER denying #62 Motion for Protective Order. Plaintiff shall make Dr. Sellman available for a deposition promptly after the first of the year, consistent with the witness's and the attorneys' schedules. Signed by Magistrate Judge Lawrence R. Leonard on 12/23/2021. (Leonard, Lawrence)
December 22, 2021 Opinion or Order Filing 68 NOTICE by Caron Nazario re #62 MOTION for Protective Order re: SELLMAN DEPO NOTICE & SUBPOENA, #63 Memorandum in Support, #61 Memorandum in Support, #59 Opposition,, #60 MOTION for Protective Order , #58 Opposition,, withdrawing request for hearing (Arthur, Jonathan)
December 22, 2021 Opinion or Order MOTIONS REFERRED to Magistrate Judge: Leonard. #62 MOTION for Protective Order re: SELLMAN DEPO NOTICE & SUBPOENA (mrees, )
December 21, 2021 Opinion or Order Filing 67 MOTION for Joinder of Defendant Daniel Crocker's Motion to Compel by Joe Gutierrez. (Silverman, Coreen)
December 21, 2021 Opinion or Order Filing 66 Rebuttal Brief re #62 MOTION for Protective Order re: SELLMAN DEPO NOTICE & SUBPOENA, (Attachments: #1 Exhibit Email thread, #2 Exhibit email thread)(Roberts, Thomas) Modified text on 12/22/2021 (mrees, ).
December 21, 2021 Opinion or Order Set Hearings Status Conference set for 1/20/2022 at 09:30 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
December 20, 2021 Opinion or Order Filing 65 Opposition to #62 MOTION for Protective Order re: SELLMAN DEPO NOTICE & SUBPOENA, #63 Memorandum in Support filed by Daniel Crocker. (Lahren, Anne)
December 17, 2021 Opinion or Order Filing 64 Opposition to #61 Memorandum in Support, #60 MOTION for Protective Order filed by Daniel Crocker. (Attachments: #1 Exhibit Emails securing Deposition Dates, #2 Exhibit Email that Dr. Sellman unavailable until after the holidays, #3 Exhibit Screenshots showing Dropbox uploads)(Lahren, Anne)
December 15, 2021 Opinion or Order Filing 63 Memorandum in Support re #62 MOTION for Protective Order re: SELLMAN DEPO NOTICE & SUBPOENA filed by Caron Nazario. (Roberts, Thomas)
December 15, 2021 Opinion or Order Filing 62 MOTION for Protective Order re: SELLMAN DEPO NOTICE & SUBPOENA by Caron Nazario. (Roberts, Thomas)
December 13, 2021 Opinion or Order Filing 61 Memorandum in Support re #60 MOTION for Protective Order filed by Caron Nazario. (Attachments: #1 Exhibit Exhibit 1 - E-Mail Correspondence)(Arthur, Jonathan)
December 13, 2021 Opinion or Order Filing 60 MOTION for Protective Order by Caron Nazario. (Arthur, Jonathan)
December 13, 2021 Opinion or Order Filing 59 Opposition to #57 MOTION to Compel Rule 35 IME of Plaintiff and for Extension of Time (combined motion and memorandum of law per Rule 16(b) Scheduling Order) and Motion for Protective Order filed by Caron Nazario. (Attachments: #1 Exhibit Exhibit 1 - E-Mail Correspondence, #2 Exhibit Exhibit 2 - Sheorn Letter and E-Mail Correspondence)(Arthur, Jonathan) (Main Document 59 replaced on 12/13/2021) (mrees, ). Modified on 12/13/2021; Attorney called wrong attorney signature on Certificate of Service, replaced document with correct signature. (mrees, ).
December 13, 2021 Opinion or Order Filing 58 Opposition to #57 MOTION to Compel Rule 35 IME of Plaintiff and for Extension of Time (combined motion and memorandum of law per Rule 16(b) Scheduling Order) and Motion for Protective Order filed by Caron Nazario. (Attachments: #1 Exhibit Exhibit 1 Discovery Transmittal Letter from Defendant Crocker, #2 Exhibit Exhibit 2 - E-Mail Correspondence, #3 Exhibit Exhibit 3 - E-Mail Correspondence, #4 Exhibit Exhibit 4 - E-Mail Correspondences, #5 Exhibit Exhibit 5 - E-Mail Correspondence, #6 Exhibit Exhibit 6 - E-Mail Correspondence, #7 Exhibit Exhibit 7 - E-Mail Correspondence)(Arthur, Jonathan)
December 8, 2021 Opinion or Order Filing 57 MOTION to Compel Rule 35 IME of Plaintiff and for Extension of Time (combined motion and memorandum of law per Rule 16(b) Scheduling Order) by Daniel Crocker. (Attachments: #1 Exhibit Ex. A. Nov. 17, 2021 Email, #2 Exhibit Ex B. Nov. 22, 2021 Emails, #3 Exhibit Ex. C. Dec. 6, 2021 Email, #4 Exhibit Ex. D. Additional Emails)(Lahren, Anne)
November 23, 2021 Opinion or Order Set Hearings: Status Conference set for 12/20/2021 at 09:30 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
November 23, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Settlement Conference held on 11/23/2021. (cdod, )
November 16, 2021 Opinion or Order Filing 56 DISCOVERY PROTECTIVE ORDER. Signed by Magistrate Judge Lawrence R. Leonard on 11/16/21. (mrees, )
November 15, 2021 Opinion or Order Filing 55 Withdrawal of Motion by Caron Nazario re #49 MOTION for Protective Order (Arthur, Jonathan)
November 12, 2021 Opinion or Order MOTIONS REFERRED to Magistrate Judge: Leonard. #53 Joint MOTION for Protective Order (mrees, )
November 12, 2021 Opinion or Order MOTIONS REFERRED to Magistrate Judge: Leonard. #49 MOTION for Protective Order (mrees, )
November 11, 2021 Opinion or Order Filing 54 Memorandum in Support re #53 Joint MOTION for Protective Order filed by Daniel Crocker. (Attachments: #1 Proposed Order Protective Order endorsed by all parties)(Lahren, Anne)
November 11, 2021 Opinion or Order Filing 53 Joint MOTION for Protective Order by Daniel Crocker. (Lahren, Anne)
October 28, 2021 Opinion or Order Filing 52 Withdrawal of Motion by Caron Nazario re #47 First MOTION to Compel Gutierrez Discovery Responses (Arthur, Jonathan)
October 28, 2021 Opinion or Order Filing 51 ORDER re #47 Motion to Compel. Plaintiff is ORDERED to file the three disputed interrogatories and responses within five days of the date of this Order. Signed by Magistrate Judge Lawrence R. Leonard on 10/28/21. (mrees, )
October 27, 2021 Opinion or Order Filing 50 Memorandum in Support re #49 MOTION for Protective Order filed by Caron Nazario. (Attachments: #1 Proposed Order Proposed Protective Order)(Arthur, Jonathan)
October 27, 2021 Opinion or Order Filing 49 MOTION for Protective Order by Caron Nazario. (Arthur, Jonathan)
October 27, 2021 Opinion or Order Filing 48 Memorandum in Support re #47 First MOTION to Compel Gutierrez Discovery Responses filed by Caron Nazario. (Arthur, Jonathan)
October 27, 2021 Opinion or Order Filing 47 First MOTION to Compel Gutierrez Discovery Responses by Caron Nazario. (Arthur, Jonathan)
October 27, 2021 Opinion or Order Filing 46 Revised Settlement Conference Order: It is ORDERED that the settlement conference scheduled in this matter for November 23, 2021 be conducted remotely via Zoomgov. It is further ORDERED that the commencement of the settlement conference be changed from 9:30am to 10:00am on November 23. All other terms of the Settlement Conference Order entered July 26, 2021 shall remain in full force and effect. Signed by Magistrate Judge Douglas E. Miller on 10/27/21. (mrees, )
October 19, 2021 Opinion or Order Filing 45 ORDER finding as moot #43 Motion to Quash in light of the parties' representation in their Joint Notice, ECF No. 44. Signed by Magistrate Judge Lawrence R. Leonard on 10/19/2021. (Leonard, Lawrence)
September 30, 2021 Opinion or Order Filing 44 NOTICE by Rodney Riddle re Motions Referred, #43 MOTION to Quash Objections and Motion to Quash SDT issued by Plaintiff to Chief of Police, Windsor PD Joint Notice (Lahren, Anne)
September 30, 2021 Opinion or Order MOTIONS REFERRED to Magistrate Judge: Leonard. #43 MOTION to Quash Objections and Motion to Quash SDT issued by Plaintiff to Chief of Police, Windsor PD (mrees, )
September 6, 2021 Opinion or Order Filing 43 MOTION to Quash Objections and Motion to Quash SDT issued by Plaintiff to Chief of Police, Windsor PD by Rodney Riddle. (Attachments: #1 Exhibit First SDT to Windsor PD, #2 Exhibit Second SDT to Windsor PD)(Lahren, Anne)
September 6, 2021 Opinion or Order Filing 42 NOTICE of Appearance by Anne Catherine Lahren on behalf of Rodney Riddle (Lahren, Anne)
August 23, 2021 Opinion or Order Filing 41 NOTICE of Appearance by Bryan Scott Peeples on behalf of Daniel Crocker (Peeples, Bryan)
July 27, 2021 Opinion or Order Filing 40 Settlement Conference Order: Settlement Conference scheduled for November 23, 2021 at 9:30am; Memorandum due by noon November 19, 2021. See Order for details. Signed by Magistrate Judge Douglas E. Miller on 7/26/21. (mrees, )
July 26, 2021 Opinion or Order Set Hearings: Settlement Conference set for 11/23/2021 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
July 20, 2021 Opinion or Order Filing 39 Order Rule 16(b) Scheduling Order - Final Pretrial Conference set for 3/17/2022 at 01:15 PM in Norfolk Remote before District Judge Roderick C. Young. Jury Trial (5 days) set for 3/28/2022 at 09:30 AM in Norfolk Courtroom 5 before District Judge Roderick C. Young. Parties are to contact chambers of Magistrate Judge Douglas E. Miller by 7/26/21 to schedule a settlement conference in this matter. See Order for further details. Signed by District Judge Roderick C. Young on 7/20/21. (jjon)
July 20, 2021 Opinion or Order Minute Entry for proceedings held before District Judge Roderick C. Young: Initial Pretrial Conference held on 7/20/2021. Plaintiff present and appeared through Jonathan Arthur and Thomas Roberts. Defendants appeared through Coreen Silverman and Anne Lahren. The matter was set for a final pretrial conference and 5 day jury trial. The Court is to issue a scheduling order. Court in recess. (Court Reporter Jill Trail, OCR.) (jjon)
June 30, 2021 Opinion or Order Filing 37 INITIAL SCHEDULING ORDER: Initial Pretrial Conference set for 7/20/2021 at 09:15 AM in Norfolk Courtroom 5 before District Judge Roderick C. Young. Signed by District Judge Roderick C. Young on 6/30/21. (jjon)
June 30, 2021 Opinion or Order Filing 36 NOTICE of Appearance by Coreen Antoinette Silverman on behalf of Joe Gutierrez (Silverman, Coreen)
June 29, 2021 Opinion or Order Filing 35 ORDER: For the reasons stated in the accompanying Memorandum Opinion, the Court DENIES the Motion to Stay Proceedings, ECF No. 21 and 25. Signed by District Judge Roderick C. Young on 6/29/21. (mrees, )
June 29, 2021 Opinion or Order Filing 34 MEMORANDUM OPINION re #21 Motion to Stay Proceedings. See Order for details. Signed by District Judge Roderick C. Young on 6/29/21. (mrees, )
June 4, 2021 Opinion or Order Filing 33 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss) filed by Joe Gutierrez. (Mumford, John) Modified text on 6/7/2021 (bpet, )
June 3, 2021 Opinion or Order Filing 32 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss), #19 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Incorporating Doc. 16 - Memorandum of Law by Gutierrez in Support of Partial Motion to Dismiss) Reply to Nazario's Opposition to Partial Motion to Dismiss filed by Daniel Crocker. (Lahren, Anne)
June 3, 2021 Opinion or Order Filing 31 ORDER granting #28 Motion for Extension of Time to File Response/Reply. Defendant's Reply due by 6/4/2021. Signed by Magistrate Judge Lawrence R. Leonard on 6/3/21. (mrees, )
June 3, 2021 Opinion or Order Filing 30 Opposition to #23 MOTION FRCP 8 Find Gutierrez Answer Deficient and Specified Paragraphs Admitted re #17 Answer to Complaint filed by Joe Gutierrez. (Mumford, John)
June 2, 2021 Opinion or Order Filing 29 REPLY to Response to Motion re #21 MOTION to Stay Proceedings filed by Daniel Crocker. (Lahren, Anne)
June 2, 2021 Opinion or Order Filing 28 Consent MOTION for Extension of Time to File Response/Reply as to #27 Memorandum in Opposition, by Joe Gutierrez. (Attachments: #1 Proposed Order)(Mumford, John)
May 28, 2021 Opinion or Order Filing 27 Memorandum in Opposition re #15 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss), #19 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Incorporating Doc. 16 - Memorandum of Law by Gutierrez in Support of Partial Motion to Dismiss) filed by Caron Nazario. (Arthur, Jonathan) (Main Document 27 replaced on 6/1/2021) (mrees, ).
May 27, 2021 Opinion or Order Filing 26 Memorandum in Opposition re #25 MOTION for Joinder of Defendant Daniel Crocker's Motion to Stay Proceedings, #21 MOTION to Stay Proceedings filed by Caron Nazario. (Attachments: #1 Exhibit Gutierrez Spoliation Report)(Roberts, Thomas)
May 24, 2021 Opinion or Order Filing 25 MOTION for Joinder of Defendant Daniel Crocker's Motion to Stay Proceedings by Joe Gutierrez. (Mumford, John)
May 20, 2021 Opinion or Order Filing 24 Memorandum in Support re #23 MOTION FRCP 8 Find Gutierrez Answer Deficient and Specified Paragraphs Admitted re #17 Answer to Complaint filed by Caron Nazario. (Attachments: #1 Exhibit Good Faith Attempt To Resolve Prior to Filing)(Roberts, Thomas)
May 20, 2021 Opinion or Order Filing 23 MOTION FRCP 8 Find Gutierrez Answer Deficient and Specified Paragraphs Admitted re #17 Answer to Complaint by Caron Nazario. (Roberts, Thomas)
May 18, 2021 Opinion or Order Refer for 16(b) (mrees, )
May 17, 2021 Opinion or Order Filing 22 Memorandum in Support re #21 MOTION to Stay Proceedings filed by Daniel Crocker. (Lahren, Anne)
May 17, 2021 Opinion or Order Filing 21 MOTION to Stay Proceedings by Daniel Crocker. (Lahren, Anne)
May 17, 2021 Opinion or Order Filing 20 ANSWER to Complaint by Daniel Crocker.(Lahren, Anne)
May 17, 2021 Opinion or Order Filing 19 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Incorporating Doc. 16 - Memorandum of Law by Gutierrez in Support of Partial Motion to Dismiss) by Daniel Crocker. (Lahren, Anne)
May 17, 2021 Opinion or Order Filing 18 NOTICE of Appearance by Robert Lee Samuel, Jr on behalf of Daniel Crocker (Samuel, Robert)
May 14, 2021 Opinion or Order Filing 17 Defendant Joe Gutierrez's ANSWER to Complaint by Joe Gutierrez.(Mumford, John)
May 14, 2021 Opinion or Order Filing 16 Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss) filed by Joe Gutierrez. (Mumford, John)
May 14, 2021 Opinion or Order Filing 15 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss) by Joe Gutierrez. (Mumford, John)
April 29, 2021 Opinion or Order Filing 14 ORDER granting #12 Motion for Extension of Time to File Response/Reply. Responses due by 5/18/2021. Signed by Magistrate Judge Lawrence R. Leonard on 4/29/21. (mrees, )
April 29, 2021 Opinion or Order Filing 13 ORDER granting #9 Motion for Extension of Time to File Response/Reply. Responses due by 5/15/2021. Signed by Magistrate Judge Lawrence R. Leonard on 4/29/21. (mrees, )
April 28, 2021 Opinion or Order Filing 12 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Daniel Crocker. (Attachments: #1 Proposed Order)(Lahren, Anne)
April 28, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Anne Catherine Lahren on behalf of Daniel Crocker (Lahren, Anne)
April 28, 2021 Opinion or Order Filing 10 NOTICE of Appearance by Richard Hoyt Matthews on behalf of Daniel Crocker (Matthews, Richard)
April 27, 2021 Opinion or Order Filing 9 Consent MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Joe Gutierrez. (Attachments: #1 Proposed Order)(Mumford, John)
April 27, 2021 Opinion or Order Filing 8 NOTICE of Appearance by John Becker Mumford, Jr on behalf of Joe Gutierrez (Mumford, John)
April 16, 2021 Opinion or Order Case Reassigned to District Judge Roderick C. Young. District Judge Robert G. Doumar no longer assigned to the case. (afar)
April 9, 2021 Opinion or Order Filing 7 Letter from Plaintiff's Counsel re Video Exhibits to Complaint. (mrees, )
April 6, 2021 Opinion or Order Filing 6 Two (2) Summons Issued as to Daniel Crocker, Joe Gutierrez. 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 Civil Motions Procedure)(mrees, )
April 5, 2021 Opinion or Order Filing 5 Proposed Summons Joe Gutierrez (Revised) by Caron Nazario. (Arthur, Jonathan)
April 5, 2021 Opinion or Order Filing 4 Proposed Summons for Daniel Crocker (Revised) by Caron Nazario. (Arthur, Jonathan)
April 5, 2021 Opinion or Order Notice of Correction re #2 Proposed Summons, #3 Proposed Summons. Neither proposed summonses contain the attorney information the Court requires. Please resubmit once complete. (epri, )
April 2, 2021 Opinion or Order Filing 3 Proposed Summons Joe Gutierrez by Caron Nazario. (Arthur, Jonathan)
April 2, 2021 Opinion or Order Filing 2 Proposed Summons Daniel Crocker by Caron Nazario. (Arthur, Jonathan)
April 2, 2021 Opinion or Order Filing 1 Complaint ( Filing fee $ 402, receipt number 0422-7704439.), filed by Caron Nazario. (Attachments: #1 Exhibit Civil Filing Cover Sheet, #2 Exhibits 1-5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14)(Arthur, Jonathan) Modified on 4/6/2021 (jhie, ).
April 2, 2021 Opinion or Order Initial Case Assignment to District Judge Robert G. Doumar and Magistrate Judge Lawrence R. Leonard. (epri, )

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Search for this case: Nazario v. Gutierrez et al
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Defendant: Joe Gutierrez
Represented By: John Becker Mumford, Jr.
Represented By: Coreen Antoinette Silverman
Represented By: Jessica Ann Swauger
Represented By: Dustin Plumadore
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Defendant: Daniel Crocker
Represented By: Richard Hoyt Matthews
Represented By: Anne Catherine Lahren
Represented By: Robert Lee Samuel, Jr.
Represented By: Bryan Scott Peeples
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Plaintiff: Caron Nazario
Represented By: Jonathan Michael Arthur
Represented By: Andrew Thomas Bodoh
Represented By: Thomas Hunt Roberts
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Petitioner: Rodney Riddle
Represented By: Anne Catherine Lahren
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