Tobey v. Napolitano et al
Aaron Tobey |
Janet Napolitano, John S. Pistole, Capital Region Airport Commission, Victor Williams, John Smith, Calvin Vann, John Doe #1 and John Doe #2 |
3:2011cv00154 |
March 10, 2011 |
US District Court for the Eastern District of Virginia |
Richmond Office |
Albermarle |
Henry E. Hudson |
Other Civil Rights |
42 U.S.C. § 1983 |
Both |
Docket Report
This docket was last retrieved on March 7, 2012. A more recent docket listing may be available from PACER.
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Filing 81 ANSWER to 80 Second Amended Complaint by Jeffrey Kandler, Anthony Mason, Quentin Trice, Calvin Vann. (Jones, Belinda). Modified docket entry on 12/09/2011. (walk, ). |
Filing 82 Sealed Second Amended Complaint; received and filed UNDER SEAL in the Clerk's Office pursuant to the Court's 76 Memorandum Order. (Attachment: # 1 Letter from Counsel for Plaintiffs). (walk, ) |
Filing 80 SECOND AMENDED COMPLAINT filed as directed pursuant to the November 15, 2011 Memorandum Order against Jane Doe, Terri Jones, Jeffrey Kandler, Anthony Mason, Rebecca Smith, Quentin Trice, Calvin Vann, filed by Aaron Tobey.(Knicely, James). Modified docket entry on 11/30/2011. (walk, ). |
Filing 79 ORDER of USCA as to 77 Notice of Interlocutory Appeal filed by Jane Doe, 68 Notice of Interlocutory Appeal filed by Terri Jones, Rebecca Smith : The court consolidates Case No. 11-2230 (L) and Case No. 11-2276. (lbre, ) |
Filing 78 Transmission of Notice of Appeal to US Court of Appeals re 77 Notice of Interlocutory Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lbre, ) |
USCA Case Number 11-2276, Case Manager R.Warren, for 77 Notice of Interlocutory Appeal filed by Jane Doe. (lbre, ) |
Filing 77 NOTICE OF INTERLOCUTORY APPEAL as to 76 Order on Motion to Dismiss, Order on Motion to Stay, and Order on Motion for Leave to File by Jane Doe. (Meier, Robin). Modified docket entry on 11/28/2011. (walk, ). |
Filing 76 MEMORANDUM ORDER GRANTING IN PART AND DENYING IN PART Defendants' 65 Motion to Dismiss, specifically Counts One, Two and Three are DISMISSED as to Defendant Doe in her official capacity and Counts One and Three are DISMISSED as to Defendant Doe in her individual capacity. As a result, only Plaintiff's First Amendment claim against the Federal Defendants in their individual capacities remains extant; GRANTING Plaintiff's 75 Motion for Leave to File Second Amended Complant Under Seal; and GRANTING 72 Defendants' Motion for Stay of Proceedings Pending Appeal (please see Memorandum Order for additional information). It is hereby ORDERED that all proceedings in this case, including discovery, are STAYED until the Fourth Circuit disposes of the Defendants' appeal, and pending further order of this Court. It is so ORDERED. Signed by District Judge Henry E. Hudson on 11/15/2011. (walk, ) |
USCA Case Number 11-2230, Case Manager R.Warren, for 68 Notice of Interlocutory Appeal filed by Terri Jones, Rebecca Smith. (lbre, ) |
Filing 75 MOTION for Leave to File Second Amended Complaint Under Seal by Aaron Tobey. (Knicely, James) |
Filing 74 RESPONSE to Motion Clarifying Position re: 72 MOTION to Stay of Proceedings Pending Appeal filed by Aaron Tobey. (Knicely, James). Corrected docket entry on 11/08/2011. (walk, ). |
Notice of Correction re: Document 74 ; the filing user has been requested to re-file the document using the filing event "Motion for Leave to File Document." (walk, ) |
Filing 73 ORDER GRANTING Defendant Jane Doe's 71 Consent Motion to Extend Time. Defendant Jane Doe is hereby ORDERED to submit her Reply Memorandum in Support of Motion to Dismiss Plaintiff's Second Amended Complaint on or before 11/17/2011. It is so ORDERED. Signed by District Judge Henry E. Hudson on 11/07/2011. (walk, ) |
Filing 72 MOTION for Stay of Proceedings Pending Appeal and Brief in Support Thereof by Terri Jones, Rebecca Smith. (Meier, Robin). Modified docket entry on 11/07/2011. (walk, ). |
Filing 71 Consent MOTION for Extension of Time to File Response/Reply as to 70 Memorandum in Opposition and Memorandum in Opposition to Defendant's Motion to Dismiss by Jane Doe. (Meier, Robin). Modified docket entry on 11/07/2011. (walk, ). |
Filing 70 Memorandum in Opposition re 65 MOTION to Dismiss 62 Second Amended Complaint filed by Aaron Tobey. (Luther, Robert). Modified docket entry on 11/07/2011. (walk, ). |
Minute Entry for proceedings held before Magistrate Judge Dennis W. Dohnal: Settlement Conference held on 11/3/2011. (cgar) |
Filing 69 Transmission of Notice of Interlocutory Appeal to US Court of Appeals re 68 Notice of Interlocutory Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lbre, ) |
Filing 68 NOTICE OF INTERLOCUTORY APPEAL as to 54 Order on Motion to Dismiss, Order on Motion to Stay,,,,,,, by Terri Jones, Rebecca Smith. (Meier, Robin) |
Notice of Correction re: Document 67 ; the filing user has been requested to re-file the same document using the filing event "Notice of Appeal - Interlocutory." (walk, ) |
Filing 67 NOTICE by Terri Jones, Rebecca Smith re 54 Order on Motion to Dismiss, Order on Motion to Stay,,,,,,, (Meier, Robin) |
Filing 66 Memorandum in Support re 65 MOTION to Dismiss Second Amended Complaint filed by Jane Doe, Terri Jones, Janet Napolitano, John S. Pistole, Rebecca Smith. (Meier, Robin) |
Filing 65 MOTION to Dismiss Second Amended Complaint by Jane Doe, Terri Jones, Janet Napolitano, John S. Pistole, Rebecca Smith. (Meier, Robin) |
Filing 64 ANSWER to Complaint Second Amended Complaint by Jeffrey Kandler, Anthony Mason, Quentin Trice, Calvin Vann.(Jones, Belinda) |
Filing 63 MEMORANDUM ORDER GRANTING IN PART and DENYING IN PART Defendants' 60 Motion to Stay Discovery Pending a Decision on Interlocutory Appeal. Defendants' request for a complete, albeit temporary, stay of discovery and other pre-trial deadlines is DENIED. Until 10/31/2011, however, Plaintiff and Defendants are HEREBY ORDERED to restrict the scope of their discovery requests to the question of Defendants' qualified immunity. All other deadlines set forth in this Court's previous 37 and 41 Scheduling Orders shall remain effective. It is so ORDERED. Signed by District Judge Henry E. Hudson on 10/12/2011. (walk, ) |
Filing 62 AMENDED COMPLAINT (SECOND) against All Defendants, filed by Aaron Tobey.(Luther, Robert) |
Filing 61 ORDER Granting 58 Motion for Leave to File Second Amended Complaint; plaintiff DIRECTED to file Exhibit A to the instant Motion as a Second Amended Complaint; plaintiff DIRECTED within 10 days of learning the instant Jane Doe's full name, to notify the Court and seek further leave to amend his complaint accordingly; Clerk DIRECTED to send copy of this Order to all counsel of record; Signed by District Judge Henry E. Hudson on 10/7/11. (lsal) |
Filing 60 MOTION to Stay Discovery with Incorporated Memorandum in Support by Terri Jones, Rebecca Smith. (Meier, Robin). Modified docket entry on 10/13/2011. (walk, ). |
Filing 59 Memorandum in Support re 58 MOTION for Leave to File Document Second Amended Complaint filed by Aaron Tobey. (Attachments: # 1 Exhibit "A" - Proposed Second Amended Complaint). (Knicely, James). Corrected docket entry on 10/13/2011. (walk, ). |
Filing 58 MOTION for Leave to File Document Second Amended Complaint by Aaron Tobey. (Knicely, James). Corrected docket entry on 10/13/2011. (walk, ). |
Filing 57 Notice of Filing of Official Transcript re: 56 Transcript. (walk, ) |
Filing 56 TRANSCRIPT of proceedings held on 8/10/2011 before Judge Henry E. Hudson. Court Reporter/Transcriber Krista Liscio, telephone number 804 916-2296. 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 10/24/2011. Redacted Transcript Deadline set for 11/22/2011. Release of Transcript Restriction set for 12/21/2011.(liscio, krista) |
Filing 55 ANSWER to Complaint by Terri Jones, Rebecca Smith.(Meier, Robin) |
Filing 54 ORDER that the Commission Defendants' 19 Motion to Partially Dismiss is GRANTED; the Federal Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART, accordingly, Counts One, Two and Three of Plaintiff's First Amended Complaint are DISMISSED as to all defendants in their official capacities, and Counts One and Three are DISMISSED as to Smith and Jones in their individual capacities; and the Federal Defendants' Motion for a Stay of Discovery Pending a decision on Dispositive Motion is DENIED AS MOOT. It is so ORDERED. Signed by District Judge Henry E. Hudson on 08/30/2011. (walk, ) |
Filing 53 MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 08/30/2011. (walk, ) |
Filing 52 Reply to Motion re 51 MOTION to Stay Discovery and Opposition filed by Aaron Tobey. (Knicely, James) |
Set/Reset Hearings: Settlement Conference set for 11/3/2011 at 11:00 AM in Chambers before Magistrate Judge Dennis W. Dohnal. (dtho, ) |
Filing 51 MOTION and Brief in Support Thereof to Stay Discovery Pending a Decision on Dispositive Motion by Terri Jones, Janet Napolitano, John S. Pistole, Rebecca Smith. (Meier, Robin). Modified docket entry on 08/18/2011. (walk, ). |
Filing 50 PRETRIAL ORDER - Final Pretrial Conference set for 1/13/2012 at 2:00 PM and Jury Trial set for 1/18/2012 at 9:30 AM in Richmond Courtroom 6300 before District Judge Henry E. Hudson (signed by District Judge Henry E. Hudson on 8/12/2011) (rpiz) |
Filing 49 Order that the settlement conference and proceedings required by paragraph 3 of the Scheduling Order are referred to Magistrate Judge Dennis W. Dohnal (please see Order for additional information). It is so ORDERED. Signed by District Judge Henry E. Hudson on 08/12/2011. Copy sent to DWD chambers. (walk, ) |
Filing 48 Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Liscio, OCR): Motion Hearing held on 8/10/2011 re 19 Motion to Dismiss and 32 Motion to Dismiss. Matter taken under advisement by Court, Memorandum Opinion to enter. Initial Pretrial Conference held; jury trial set for 1/18/2012 at 9:30 AM and Final Pretrial Conference set for 1/13/2012 at 2:00 PM (rpiz) |
Filing 47 Consent ORDER granting 43 Motion for Extension of Time to Move for Joinder of Additional Party Defendants (See Order for details and dates). Signed by District Judge Henry E. Hudson on 8/10/2011. (cgar) |
Set/Reset Hearings as to 19 Motion to Dismiss and 32 Motion to Dismiss: Motion Hearing reset for 8/10/2011 at 1:30 PM in Richmond Courtroom 6300 before District Judge Henry E. Hudson; Initial Pretrial Conference reset for 8/10/2011 at 1:30 PM in Richmond Courtroom 6300 before District Judge Henry E. Hudson (TIME CHANGE ONLY, moved up from 2:00 PM - rpiz) |
Filing 46 STIPULATION re 43 MOTION for Extension of Time To Move for Joinder of Additional Party Defendants by Capital Region Airport Commission, Terri Jones, Jeffrey Kandler, Anthony Mason, Janet Napolitano, John S. Pistole, Rebecca Smith, Aaron Tobey, Quentin Trice, Calvin Vann, Victor Williams. (Attachments: # 1 Proposed Order)(Jones, Belinda) |
Filing 45 ORDER oral argument on both motions to dismiss 19 32 shall be heard on Aug. 10, 2011 at 2:00 PM;Initial pretrial conference currently set for Aug. 4, 2011 at 9:00 AM is CONTINUED to Aug. 10, 2011 immediately following oral argument on the motions to dismiss. Signed by District Judge Henry E. Hudson on 7/28/2011. (cgar) |
Filing 44 NOTICE of Appearance by Robert Luther, III on behalf of Aaron Tobey (Luther, Robert) |
Set Hearings as to 19 Motion to Dismiss and 32 Motion to Dismiss: Motion Hearing set for 8/10/2011 at 2:00 PM in Richmond Courtroom 6300 before District Judge Henry E. Hudson. Initial Pretrial Conference RESET for 8/10/2011 at 2:00 PM in Richmond Courtroom 6300 before District Judge Henry E. Hudson (rpiz) |
Filing 43 MOTION for Extension of Time To Move for Joinder of Additional Party Defendants by Aaron Tobey. (Knicely, James) |
Filing 42 REPLY to Response to Motion re 32 MOTION to Dismiss filed by Terri Jones, Janet Napolitano, John S. Pistole, Rebecca Smith. (Attachments: # 1 Exhibit)(Meier, Robin) |
Filing 41 ORDER re 37 Scheduling Order, paragraph 1 which requires federal defts to file their answer within 11 days, is stayed and it is FURTHER ORDERED that should the Court deny the federal defts' pending Motion to Dismiss, the federal defts shall file an Answer within 14 days of such a ruling on the pending dispositive motion. Signed by District Judge Henry E. Hudson on 7/14/11. (jtho, ) |
Filing 40 Consent MOTION to Stay re 37 Scheduling Order by Terri Jones, Janet Napolitano, John S. Pistole, Rebecca Smith. (Attachments: # 1 Proposed Order)(Meier, Robin) |
Filing 39 CERTIFICATE of Service re 38 Memorandum in Opposition, by James Jeffrey Knicely on behalf of Aaron Tobey (Knicely, James) |
Filing 38 Memorandum in Opposition re 32 MOTION to Dismiss of Federal Defendants, Opposition to Federal Defendants Motion to Dismiss filed by Aaron Tobey. (Knicely, James) |
Filing 37 SCHEDULING ORDER with Attachment # 1 Pretrial Schedule A (signed by District Judge Henry E. Hudson on 7/5/2011) (rpiz) |
Filing 36 ORDER SETTING PRETRIAL CONFERENCE - Initial Pretrial Conference set for 8/4/2011 at 9:00 AM in Richmond Courtroom 6300 before District Judge Henry E. Hudson (rpiz) |
Filing 35 Sealed First Amended Complaint. (cgar) |
Filing 34 ORDER granting 25 Motion to File First Amended Complaint Under Seal. Signed by District Judge Henry E. Hudson on 6/20/2011. (cgar) |
Filing 33 Memorandum in Support re 32 MOTION to Dismiss filed by Terri Jones, Janet Napolitano, John S. Pistole, Rebecca Smith. (Attachments: # 1 Exhibit)(Meier, Robin) |
Filing 32 MOTION to Dismiss by Terri Jones, Janet Napolitano, John S. Pistole, Rebecca Smith. (Meier, Robin) |
Filing 31 AFFIDAVIT of Service for Amended Complaint filed by Aaron Tobey. (Attachment: (1) cover letter)(cgar) |
Filing 30 The Commission Defendants ANSWER to Complaint by Capital Region Airport Commission, Jeffrey Kandler, Anthony Mason, Quentin Trice, Calvin Vann, Victor Williams.(Jones, Belinda) |
Filing 29 REPLY to Response to Motion re 19 MOTION to Dismiss Complaint filed by Capital Region Airport Commission, Jeffrey Kandler, Anthony Mason, Quentin Trice, Calvin Vann, Victor Williams. (Jones, Belinda) |
Filing 28 Memorandum in Opposition re 19 MOTION to Dismiss Complaint of Commission Defendants filed by Aaron Tobey. (Knicely, James) |
Filing 27 AMENDED COMPLAINT FIRST against Capital Region Airport Commission, Janet Napolitano, John S. Pistole, Calvin Vann, Victor Williams, Quentin Trice, Jeffrey Kandler, Anthony Mason, Terri Jones, Rebecca Smith, filed by Aaron Tobey.(Knicely, James) |
Filing 26 PROTECTIVE ORDER (See Order for details). Signed by District Judge Henry E. Hudson on 5/27/2011. (cgar) |
Filing 25 MOTION to Seal First Amended Complaint (Identifying Federal Pseudonym Parties) by Aaron Tobey. (Knicely, James) |
Filing 24 Consent MOTION for Protective Order by Janet Napolitano, John S. Pistole. (Attachments: # 1 Proposed Order)(Meier, Robin) |
Filing 23 ORDER granting 22 Motion for Extension of Time to File Amended Complaint on or before June 2, 2011; defts are hereby ORDERED to move, answer or otherwise respond to Amended Complaint within thirty (30) days after filing Plaintiff's Amended Complaint. Signed by District Judge Henry E. Hudson on 5/17/11. (jtho, ) |
Filing 22 Consent MOTION for Extension by Janet Napolitano, John S. Pistole. (Meier, Robin) |
Filing 21 ANSWER to 1 Complaint, by Capital Region Airport Commission, Calvin Vann, Victor Williams.(Jones, Belinda) |
Filing 20 Memorandum in Support re 19 MOTION to Dismiss Complaint filed by Capital Region Airport Commission, Calvin Vann, Victor Williams. (Attachments: # 1 Exhibit A)(Jones, Belinda) |
Filing 19 MOTION to Partially Dismiss Complaint by Capital Region Airport Commission, Calvin Vann, Victor Williams. (Jones, Belinda) Docket text modified on 5/13/2011 (cgar). |
Filing 18 NOTICE of Appearance by Robin Perrin Meier on behalf of Janet Napolitano, John S. Pistole (Meier, Robin) |
Filing 17 ORDER GRANTING 13 Motion by Aaron Tobey for the Admission of d Anand Agneshwar, Esquire Pro Hac Vice. Signed by District Judge Henry E. Hudson on 4/18/2011. (lhin, ) |
Filing 16 ORDER GRANTING 14 Motion by Aaron Tobey for the Admission of Alan C. Veronick, Esquire Pro Hac Vice. Signed by District Judge Henry E. Hudson on 4/18/2011. (lhin, ) |
Filing 15 Certified Mail Receipts for Atty General, Secretary of Homeland Security and Administrator Transportaion Security received. (cgar) |
Filing 14 MOTION for Alan C. Veronick to appear Pro hac vice by Aaron Tobey. Fee paid. Attachment (1) Receipt) (cgar). |
Filing 13 MOTION for Anand Agneshwar to appear Pro hac vice by Aaron Tobey. Fee paid. (Attachment: (1) Receipt) (cgar). |
Filing 12 ORDER granting 11 Motion for Pro hac vice;Carlotta Porter Well on behalf of John S. Pistole and Janet Napolitano. Signed by District Judge Henry E. Hudson on 4/5/2011. (cgar) |
Filing 11 MOTION for Carlotta Porter Wells to appear Pro hac vice by Janet Napolitano and John S. Pistole. No fee required. (cgar) |
Filing 10 SUMMONS Returned Executed (personal service - Debral Prillaman) as to Defendants John S. Pistole and Janet Napolitano served on 3/15/2011, answers due 5/16/2011(cgar) |
Filing 9 SUMMONS Returned Executed as to defendant, Capital Region Airport Commission served on 3/16/2011, answer due 4/6/2011. (cgar) |
Filing 8 SUMMONS Returned Executed as to defendants, Calvin Vann and Victor Williams served on 3/15/2011, answers due 4/5/2011. (cgar) |
Filing 7 ORDER granting 4 Motion for Extension of Time to Answer; Capital Region Airport Commission, Calvin Vann and Victor Williams answers due 5/15/2011. Signed by District Judge Henry E. Hudson on 4/1/2011. (cgar) |
Filing 6 NOTICE of Appearance by Paul Wilbur Jacobs, II on behalf of Capital Region Airport Commission, Calvin Vann, Victor Williams (Jacobs, Paul) |
Filing 5 NOTICE of Appearance by Henry Irving Willett, III on behalf of Capital Region Airport Commission, Calvin Vann, Victor Williams (Willett, Henry) |
Filing 4 MOTION for Extension of Time to File Answer and Other Responsive Pleadings by Capital Region Airport Commission, Calvin Vann, Victor Williams. (Attachments: # 1 Exhibit A- Sketch Order)(Jones, Belinda) |
Filing 3 Summons Issued as to Janet Napolitano, John S. Pistole, U.S. Attorney and U.S. Attorney General. Counsel contacted per request. (cgar) |
Filing 2 Summons Issued as to Capital Region Airport Commission, Calvin Vann and Victor Williams. Counsel contacted per request. (cgar) |
Filing 1 COMPLAINT against Capital Region Airport Commission, John Doe #1, John Doe #2, Janet Napolitano, John S. Pistole, John Smith, Calvin Vann, Victor Williams ( Filing fee $ 350.00 receipt number 34683012086.) with Jury Demand filed by Aaron Tobey. (Attachment: (1) Civil Cover Sheet, (2) Receipt)(cgar) |
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