Oates Food Services II, LLC v. City Council of the City of Norfolk, Virginia
Plaintiff: Oates Food Services II, LLC
Defendant: City Council of the City of Norfolk, Virginia, in its official capacity, Kenneth Cooper Alexander, Martin A. Thomas, Jr., Courtney R. Doyle, Mamie B Johnson, Paul Riddick, Thomas R Smigiel, Jr., Andria P McClellan, Danica J Royster, John E Paige, City of Norfolk, Virginia, a municipal corporation, City Council of the City of Norfolk, Virginia and City of Norfolk, Virginia
Case Number: 2:2023cv00272
Filed: June 15, 2023
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Elizabeth W Hanes
Referring Judge: Robert J Krask
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1343 Violation of Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2023 Filing 35 Declaration re #33 MOTION for Judgment on the Pleadings , #34 Brief in Support,,, by Kenneth Cooper Alexander, City Council of the City of Norfolk, Virginia, City of Norfolk, Virginia, Courtney R. Doyle, Mamie B Johnson, Andria P McClellan, John E Paige, Paul Riddick, Danica J Royster, Thomas R Smigiel, Jr, Martin A. Thomas, Jr. (Melita, Adam)
August 9, 2023 Filing 34 Brief in Support to #33 MOTION for Judgment on the Pleadings filed by Kenneth Cooper Alexander, City Council of the City of Norfolk, Virginia, City of Norfolk, Virginia, Courtney R. Doyle, Mamie B Johnson, Andria P McClellan, John E Paige, Paul Riddick, Danica J Royster, Thomas R Smigiel, Jr, Martin A. Thomas, Jr. (Attachments: #1 Exhibit A-2013 Special Exception, #2 Exhibit B-definition of Entertainment Establishment, #3 Exhibit C-complaint in state court case, #4 Exhibit D-transcript of injunction hearing, #5 Exhibit E-MBARs from Scotty Quixx, #6 Exhibit F-commissioner of revenue spreadsheet, #7 Exhibit G-written opinion in state court case, #8 Exhibit H-order denying injunction in state court case, #9 Exhibit I-amended complaint in state court case, #10 Exhibit J-nonsuit order in state court case, #11 Exhibit K-2d amended complaint in state court case)(Melita, Adam)
August 9, 2023 Filing 33 MOTION for Judgment on the Pleadings by Kenneth Cooper Alexander, City Council of the City of Norfolk, Virginia, City of Norfolk, Virginia, Courtney R. Doyle, Mamie B Johnson, Andria P McClellan, John E Paige, Paul Riddick, Danica J Royster, Thomas R Smigiel, Jr, Martin A. Thomas, Jr. (Melita, Adam)
August 7, 2023 Opinion or Order Filing 32 Scheduling and Pretrial Order. Signed by District Judge Elizabeth W. Hanes on 8/7/2023. (kgall)
August 7, 2023 Filing 31 Minute Entry for proceedings held before District Judge Elizabeth W. Hanes: Initial Pretrial Conference held on 8/7/2023. Appearances of counsel via zoom. Parties answer the questions of the Court. Parties referred to magistrate judge for mediation. Final Pretrial Conference set for 5/1/2024 at 10:00 AM in Norfolk Courtroom 5 before District Judge Elizabeth W. Hanes. Jury Trial set for 5/13/2024 (approx 5 days) at 10:00 AM in Norfolk Courtroom 5 before District Judge Elizabeth W. Hanes. Order to follow. (kgall)
July 24, 2023 Opinion or Order Filing 30 Order Setting Pretrial Conference. Initial Pretrial Conference set for 8/7/2023 at 10:15 AM in Norfolk Remote before District Judge Elizabeth W. Hanes. Signed by District Judge Elizabeth W. Hanes on 7/24/2023. (kgall)
July 19, 2023 Referred for 16(b). (epri, )
July 18, 2023 Filing 29 ANSWER to Complaint by Kenneth Cooper Alexander, City Council of the City of Norfolk, Virginia, City of Norfolk, Virginia, Courtney R. Doyle, Mamie B Johnson, Andria P McClellan, John E Paige, Paul Riddick, Danica J Royster, Thomas R Smigiel, Jr, Martin A. Thomas, Jr.(Melita, Adam)
July 17, 2023 Filing 28 NOTICE of Appearance by Adam Daniel Melita on behalf of Kenneth Cooper Alexander, City Council of the City of Norfolk, Virginia, City of Norfolk, Virginia, Courtney R. Doyle, Mamie B Johnson, Andria P McClellan, John E Paige, Paul Riddick, Danica J Royster, Thomas R Smigiel, Jr, Martin A. Thomas, Jr (Melita, Adam)
June 30, 2023 Filing 27 SUMMONS Returned Executed by Oates Food Services II, LLC Thomas R Smigiel, Jr served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 26 SUMMONS Returned Executed by Oates Food Services II, LLC Paul Riddick served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 25 SUMMONS Returned Executed by Oates Food Services II, LLC Martin A. Thomas, Jr served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 24 SUMMONS Returned Executed by Oates Food Services II, LLC Mamie B Johnson served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 23 SUMMONS Returned Executed by Oates Food Services II, LLC Kenneth Cooper Alexander served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 22 SUMMONS Returned Executed by Oates Food Services II, LLC John E Paige served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 21 SUMMONS Returned Executed by Oates Food Services II, LLC Danica J Royster served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 20 SUMMONS Returned Executed by Oates Food Services II, LLC Courtney R. Doyle served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 19 SUMMONS Returned Executed by Oates Food Services II, LLC City of Norfolk, Virginia served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 18 SUMMONS Returned Executed by Oates Food Services II, LLC City Council of the City of Norfolk, Virginia served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 30, 2023 Filing 17 SUMMONS Returned Executed by Oates Food Services II, LLC Andria P McClellan served on 6/28/2023, answer due 7/19/2023 (Ottinger, Richard)
June 20, 2023 Filing 16 Summons Issued as to City of Norfolk, Virginia, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Motions Procedures)(afar)
June 16, 2023 Filing 15 Proposed Summons re #1 Complaint,,, for The City of Norfolk, Virginia by Oates Food Services II, LLC. (Ottinger, Richard)
June 16, 2023 Filing 14 Letter and Flash drive with exhibits 3, 11, 14, 23, 25 and 29 Received on 6.16.23. (epri, )
June 16, 2023 Filing 13 Ten (10) Summonses Issued as to Kenneth Cooper Alexander, City Council of the City of Norfolk, Virginia, Courtney R. Doyle, Mamie B Johnson, Andria P McClellan, John E Paige, Paul Riddick, Danica J Royster, Thomas R Smigiel, Jr, Martin A. Thomas, Jr, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Civil Motions Procedures)(epri, )
June 16, 2023 Case Reassigned to District Judge Elizabeth W. Hanes. District Judge Raymond A. Jackson no longer assigned to the case. (epri, )
June 15, 2023 Initial Case Assignment to District Judge Raymond A. Jackson and Magistrate Judge Robert J. Krask. (epri, )
June 15, 2023 Filing 12 Proposed Summons re #1 Complaint,,, Thomas Smigiel by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 11 Proposed Summons re #1 Complaint,,, Paul Riddick by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 10 Proposed Summons re #1 Complaint,,, Andria McClellan by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 9 Proposed Summons re #1 Complaint,,, for Martin Thomas by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 8 Proposed Summons re #1 Complaint,,, for Mamie Johnson by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 7 Proposed Summons re #1 Complaint,,, Kenneth Alexander by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 6 Proposed Summons re #1 Complaint,,, for John Paige by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 5 Proposed Summons re #1 Complaint,,, for Danica Royster by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 4 Proposed Summons re #1 Complaint,,, for Courtney Doyle by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 3 Proposed Summons re #1 Complaint,,, for City Council by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Oates Food Services II, LLC. (Ottinger, Richard)
June 15, 2023 Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8984719.), filed by Oates Food Services II, LLC. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Civil Cover Sheet Civil Cover Sheet)(Ottinger, Richard)

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Plaintiff: Oates Food Services II, LLC
Represented By: Richard Hooper Ottinger
Represented By: William Thomas Chappell
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Defendant: City Council of the City of Norfolk, Virginia, in its official capacity
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Defendant: Kenneth Cooper Alexander
Represented By: Adam Daniel Melita
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Defendant: Martin A. Thomas, Jr.
Represented By: Adam Daniel Melita
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Defendant: Courtney R. Doyle
Represented By: Adam Daniel Melita
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Defendant: Mamie B Johnson
Represented By: Adam Daniel Melita
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Defendant: Paul Riddick
Represented By: Adam Daniel Melita
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Defendant: Thomas R Smigiel, Jr.
Represented By: Adam Daniel Melita
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Defendant: Andria P McClellan
Represented By: Adam Daniel Melita
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Defendant: Danica J Royster
Represented By: Adam Daniel Melita
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Defendant: John E Paige
Represented By: Adam Daniel Melita
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Defendant: City of Norfolk, Virginia, a municipal corporation
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Defendant: City Council of the City of Norfolk, Virginia
Represented By: Adam Daniel Melita
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Defendant: City of Norfolk, Virginia
Represented By: Adam Daniel Melita
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