B.T. v. Silver Diner Development, Inc. et al
Plaintiff: B. T.
Defendant: Silver Diner Development, Inc., Silver Diner Development, LLC., Silver Diner Limited Partnership and James H. Haliburton
Case Number: 2:2022cv00094
Filed: March 3, 2022
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Mark S Davis
Referring Judge: Robert J Krask
2 Judge: Douglas E Miller
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2022 Opinion or Order Filing 68 ORDER OF DISMISSAL. It is ORDERED that this action is dismissed with prejudice. Signed by Chief District Judge Mark S. Davis on 12/5/2022. (dbra, )
December 2, 2022 Opinion or Order Filing 67 Joint MOTION to Dismiss by B. T.. (Attachments: #1 Proposed Order)(Biniazan, Kevin)
October 3, 2022 Opinion or Order Filing 66 REPLY to Response to Motion re #58 MOTION to Dismiss Plaintiff's [First Amended] Complaint filed by Silver Diner Development, LLC.. (Radovic, Milena)
September 28, 2022 Opinion or Order Filing 65 RESPONSE in Opposition re #58 MOTION to Dismiss Plaintiff's [First Amended] Complaint filed by B. T.. (Biniazan, Kevin)
September 22, 2022 Opinion or Order Set Hearings: Follow-Up Settlement Conference set for 11/4/2022 at 01:30 PM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
September 21, 2022 Opinion or Order Filing 64 ORDER directing the Clerk to reassign this case to another Magistrate Judge. Signed by Magistrate Judge Douglas E. Miller on 9/21/2022. (dbra, )
September 21, 2022 Opinion or Order Case Reassigned to Magistrate Judge Robert J. Krask. Magistrate Judge Douglas E. Miller no longer assigned to the case. (dbra, )
September 20, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Settlement Conference held on 9/20/2022. (cdod, )
September 15, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Docket Call held on 9/15/2022. (cdod, )
September 15, 2022 Opinion or Order Filing 62 ORDER denying #60 Motion for Leave to Appear Remotely for the Settlement Conference. Signed by Magistrate Judge Douglas E. Miller on 9/15/2022. (dbra, )
September 14, 2022 Opinion or Order Filing 61 ANSWER to Complaint by James H. Haliburton.(Conkright, Sarah)
September 14, 2022 Opinion or Order Filing 60 MOTION Remote Appearance re #54 Settlement Conference Order by B. T.. (Attachments: #1 Exhibit, #2 Proposed Order)(Biniazan, Kevin)
September 14, 2022 Opinion or Order Filing 59 Memorandum in Support re #58 MOTION to Dismiss Plaintiff's [First Amended] Complaint filed by Silver Diner Development, LLC.. (Vaquera, Kristina)
September 14, 2022 Opinion or Order Filing 58 MOTION to Dismiss Plaintiff's [First Amended] Complaint by Silver Diner Development, LLC.. (Vaquera, Kristina)
September 14, 2022 Opinion or Order Set Hearings: Docket Call/ Conference call (Zoom) set for 9/15/2022 at 03:00 PM in Newport News Remote before Magistrate Judge Douglas E. Miller. (cdod, )
August 31, 2022 Opinion or Order Filing 57 AMENDED COMPLAINT against James H. Haliburton, Silver Diner Development, LLC., filed by B. T..(Biniazan, Kevin)
August 30, 2022 Opinion or Order Filing 56 ORDER granting #55 Motion for Extension of Time to File. The Defendants shall each file a responsive pleading no later than 14 days after the filing of any amended complaint or within 14 days after the deadline for the filing of an amended complaint has passed. Signed by Magistrate Judge Robert J. Krask on 8/30/2022. (dbra, )
August 30, 2022 Opinion or Order MOTIONS REFERRED to Magistrate Judge: #55 Joint MOTION for Extension of Time To File Responsive Pleading (dbra, )
August 29, 2022 Opinion or Order Filing 55 Joint MOTION for Extension of Time To File Responsive Pleading by James H. Haliburton. (Attachments: #1 Proposed Order Proposed Order)(Conkright, Sarah)
August 17, 2022 Opinion or Order Filing 54 SETTLEMENT CONFERENCE ORDER. Settlement conference scheduled for 9/20/22 at 9:30 a.m. in Norfolk; memorandum due by noon on 9/16/22. See Order for details. Signed by Magistrate Judge Douglas E. Miller on 8/17/22. (jhie, )
August 17, 2022 Opinion or Order Set Hearings: Settlement Conference set for 9/20/2022 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
August 16, 2022 Opinion or Order Filing 53 OPINION AND ORDER denying #43 Motion to Dismiss; granting in part and denying in part #13 Motion to Dismiss; denying #19 Motion to Strike. The Court grants Plaintiff leave to amend her assault and battery count and her negligent supervision count within 15 days. Signed by Chief District Judge Mark S. Davis on 8/16/2022. (dbra, )
August 5, 2022 Opinion or Order Filing 52 Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference set for 8/25/2023 at 10:00 AM in Norfolk. Jury Trial set for 9/19/2023 at 10:00 AM in Norfolk Courtroom 1 before Chief District Judge Mark S. Davis. Signed by Chief District Judge Mark S. Davis and filed on 8/5/2022. (vwar)
August 4, 2022 Opinion or Order Scheduling Conference - Rule 16b held on 8/4/2022. (vwar)
July 21, 2022 Opinion or Order Filing 51 NOTICE of Appearance by Lauren Martin on behalf of B. T. (Martin, Lauren)
July 21, 2022 Opinion or Order Filing 50 NOTICE of Appearance by Stephen G Rutigliano on behalf of James H. Haliburton (Rutigliano, Stephen)
July 21, 2022 Opinion or Order Notice of Correction re 49 Notice of Appearance: the document is an incorrectly saved PDF fillable form which we have removed. Please refile the document after saving it correctly. To correctly save the PDF fillable form, click on the File menu, select Print, and then select your PDF writer from the Printer Name List. (bpet, )
July 20, 2022 Opinion or Order Filing 49 NOTICE of Appearance by Stephen G Rutigliano on behalf of James H. Haliburton (Rutigliano, Stephen) Fillable form removed from the docket on 7/21/2022 (bpet, )
July 15, 2022 Opinion or Order Filing 48 RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 8/4/2022 at 09:00 AM Remotely via ZoomGov. Signed by Magistrate Judge Douglas E. Miller on 7/15/2022. (Invitations will be sent to counsel)(vwar)
June 21, 2022 Opinion or Order Filing 47 Notice Requesting Oral Argument re #43 MOTION to Dismiss PLAINTIFFS COMPLAINT (Calamis, Nat)
June 21, 2022 Opinion or Order Filing 46 Reply to #45 Response in Opposition to Motion REPLY IN RESPONSE TO PLAINTIFFS OPPOSITION TO DEFENDANT HALIBURTONS MOTION TO DISMISS filed by James H. Haliburton. (Calamis, Nat)
June 16, 2022 Opinion or Order Refer for 16(b) (dbra, )
June 14, 2022 Opinion or Order Filing 45 RESPONSE in Opposition re #43 MOTION to Dismiss PLAINTIFFS COMPLAINT filed by B. T.. (Attachments: #1 Exhibit EX A, #2 Exhibit EX B, #3 Exhibit EX C, #4 Exhibit EX D)(Biniazan, Kevin)
May 31, 2022 Opinion or Order Filing 44 Memorandum in Support re #43 MOTION to Dismiss PLAINTIFFS COMPLAINT filed by James H. Haliburton. (Attachments: #1 Exhibit A, #2 Proposed Order)(Calamis, Nat)
May 31, 2022 Opinion or Order Filing 43 MOTION to Dismiss PLAINTIFFS COMPLAINT by James H. Haliburton. (Calamis, Nat)
May 31, 2022 Opinion or Order Filing 42 ORDER re #39 Motion to Set Aside Default. It is ordered that the Clerk's Entry of Default as to James H. Haliburton be vacated and that the defendant file a responsive pleading to the Complaint by May 31, 2022. Signed by Chief District Judge Mark S. Davis on 5/31/2022. (dbra, )
May 24, 2022 Opinion or Order Filing 41 NOTICE by B. T. Notice of Consent re: Motion to Set Aside Default Judgement (Biniazan, Kevin)
May 10, 2022 Opinion or Order Filing 40 Memorandum in Support re #39 MOTION to Set Aside Default filed by James H. Haliburton. (Attachments: #1 Exhibit Ex 1)(Conkright, Sarah)
May 10, 2022 Opinion or Order Filing 39 MOTION to Set Aside Entry of Default and Motion For Leave to File Late Responsive Pleadings by James H. Haliburton. (Attachments: #1 Proposed Order Proposed Order)(Conkright, Sarah)
May 10, 2022 Opinion or Order Filing 38 NOTICE of Appearance by Nat Peter Calamis on behalf of James H. Haliburton (Calamis, Nat)
May 10, 2022 Opinion or Order Filing 37 NOTICE of Appearance by Sarah Wood Conkright on behalf of James H. Haliburton (Conkright, Sarah)
May 9, 2022 Opinion or Order Filing 36 Clerk's ENTRY OF DEFAULT as to James H. Haliburton, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, for failure to answer in this action. This default is noted on the court's docket this date. (dbra, )
May 6, 2022 Opinion or Order Filing 35 NOTICE by B. T. of Request for Clerks Entry of Default (Attachments: #1 Affidavit Declaration in Support of Default)(Biniazan, Kevin)
May 6, 2022 Opinion or Order Notice of Correction re #33 NOTICE of Request for Clerks Entry of Default. The style of the case on the Notice does not match the style of the case on the Complaint. Please correct and refile the request. (dbra, )
May 6, 2022 Opinion or Order Notice of Correction re #34 Notice of Appearance. The attorney making the appearance needs to file the document on their own behalf. (dbra, )
May 5, 2022 Opinion or Order Filing 34 NOTICE of Appearance by Kevin Biniazan on behalf of B. T. (Biniazan, Kevin)
May 4, 2022 Opinion or Order Filing 33 NOTICE by B. T. re #31 NOTICE of Request for Clerks Entry of Default (Attachments: #1 Affidavit)(Biniazan, Kevin)
May 4, 2022 Opinion or Order Filing 32 STATUS REPORT re: Def Haliburton by B. T.. (Biniazan, Kevin)
April 19, 2022 Opinion or Order Filing 31 NOTICE to Plaintiff's Counsel of Record (dbra, )
April 15, 2022 Opinion or Order Filing 30 SUMMONS Returned Executed by B. T. James H. Haliburton served on 3/4/2022, answer due 3/25/2022 (Biniazan, Kevin)
April 6, 2022 Opinion or Order Filing 29 Request for Hearing by B. T. re #25 Response in Opposition to Motion To Dismiss (Biniazan, Kevin)
April 5, 2022 Opinion or Order Filing 28 Letter Regarding Ripeness of Motion to Dismiss and Motion to Strike. (Radovic, Milena)
April 5, 2022 Opinion or Order Filing 27 REPLY to Response to Motion re #13 MOTION to Dismiss Plaintiff's Complaint filed by Silver Diner Development, LLC.. (Radovic, Milena) Modified link to proper Motion to Dismiss on 4/7/2022 (dbra, ).
April 5, 2022 Opinion or Order Filing 26 REPLY to Response to Motion re #19 MOTION to Strike filed by Silver Diner Development, LLC.. (Radovic, Milena)
March 30, 2022 Opinion or Order Filing 25 RESPONSE in Opposition re #13 MOTION to Dismiss Plaintiff's Complaint filed by B. T.. (Attachments: #1 Declaration of B.T.)(Biniazan, Kevin)
March 30, 2022 Opinion or Order Filing 24 RESPONSE in Opposition re #19 MOTION to Strike filed by B. T.. (Biniazan, Kevin)
March 30, 2022 Opinion or Order Filing 23 STIPULATION of Dismissal by B. T.. (Attachments: #1 Proposed Order)(Biniazan, Kevin)
March 25, 2022 Opinion or Order Filing 22 ORDER granting #21 Motion for Extension of Time to File Response. Plaintiff must file her Briefs in Opposition to Defendants' Motions to Dismiss and Motion to Strike no later than March 30, 2022. Signed by Chief District Judge Mark S. Davis on 3/24/2022. (dbra, )
March 24, 2022 Opinion or Order Filing 21 MOTION for Extension of Time to File Response/Reply by B. T.. (Attachments: #1 Proposed Order)(Biniazan, Kevin)
March 10, 2022 Opinion or Order Filing 20 Memorandum in Support re #19 MOTION to Strike filed by Silver Diner Development, LLC.. (Vaquera, Kristina)
March 10, 2022 Opinion or Order Filing 19 MOTION to Strike by Silver Diner Development, LLC.. (Vaquera, Kristina)
March 10, 2022 Opinion or Order Filing 18 Memorandum in Support re #17 MOTION to Dismiss Plaintiff's Complaint filed by Silver Diner Limited Partnership. (Vaquera, Kristina)
March 10, 2022 Opinion or Order Filing 17 MOTION to Dismiss Plaintiff's Complaint by Silver Diner Limited Partnership. (Vaquera, Kristina)
March 10, 2022 Opinion or Order Filing 16 Memorandum in Support re #15 MOTION to Dismiss Plaintiff's Complaint filed by Silver Diner Development, Inc.. (Vaquera, Kristina)
March 10, 2022 Opinion or Order Filing 15 MOTION to Dismiss Plaintiff's Complaint by Silver Diner Development, Inc.. (Vaquera, Kristina)
March 10, 2022 Opinion or Order Filing 14 Memorandum in Support re #13 MOTION to Dismiss Plaintiff's Complaint filed by Silver Diner Development, LLC.. (Vaquera, Kristina)
March 10, 2022 Opinion or Order Filing 13 MOTION to Dismiss Plaintiff's Complaint by Silver Diner Development, LLC.. (Vaquera, Kristina)
March 3, 2022 Opinion or Order Filing 12 NOTICE by Silver Diner Limited Partnership re #1 Notice of Removal (Radovic, Milena)
March 3, 2022 Opinion or Order Filing 11 Financial Interest Disclosure Statement (Local Rule 7.1) by Silver Diner Limited Partnership. (Radovic, Milena)
March 3, 2022 Opinion or Order Filing 10 Financial Interest Disclosure Statement (Local Rule 7.1) by Silver Diner Development, LLC.. (Radovic, Milena)
March 3, 2022 Opinion or Order Filing 9 Financial Interest Disclosure Statement (Local Rule 7.1) by Silver Diner Development, Inc.. (Radovic, Milena)
March 3, 2022 Opinion or Order Filing 8 NOTICE of Appearance by Milena Radovic on behalf of Silver Diner Development, LLC. (Radovic, Milena)
March 3, 2022 Opinion or Order Filing 7 NOTICE of Appearance by Milena Radovic on behalf of Silver Diner Limited Partnership (Radovic, Milena)
March 3, 2022 Opinion or Order Filing 6 NOTICE of Appearance by Milena Radovic on behalf of Silver Diner Development, Inc. (Radovic, Milena)
March 3, 2022 Opinion or Order Filing 5 NOTICE of Appearance by Kristina H. Vaquera on behalf of Silver Diner Limited Partnership (Vaquera, Kristina)
March 3, 2022 Opinion or Order Filing 4 NOTICE of Appearance by Kristina H. Vaquera on behalf of Silver Diner Development, LLC. (Vaquera, Kristina)
March 3, 2022 Opinion or Order Filing 3 NOTICE of Appearance by Kristina H. Vaquera on behalf of Silver Diner Development, Inc. (Vaquera, Kristina)
March 3, 2022 Opinion or Order Filing 2 Magistrate Judge Notice and Judge's Information to counsel. (epri, )
March 3, 2022 Opinion or Order Filing 1 Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-8273287.), filed by Silver Diner Development, LLC., Silver Diner Development, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2)(Radovic, Milena)
March 3, 2022 Opinion or Order Initial Case Assignment to Chief District Judge Mark S. Davis and Magistrate Judge Douglas E. Miller. (epri, )

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Search for this case: B.T. v. Silver Diner Development, Inc. et al
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Plaintiff: B. T.
Represented By: Kevin Biniazan
Represented By: Lauren Martin
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Defendant: Silver Diner Development, Inc.
Represented By: Kristina H. Vaquera
Represented By: Milena Radovic
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Defendant: Silver Diner Development, LLC.
Represented By: Kristina H. Vaquera
Represented By: Milena Radovic
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Defendant: Silver Diner Limited Partnership
Represented By: Kristina H. Vaquera
Represented By: Milena Radovic
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Defendant: James H. Haliburton
Represented By: Nat Peter Calamis
Represented By: Sarah Wood Conkright
Represented By: Stephen G Rutigliano
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