Kunkle v. Commonwealth of Virginia et al
| Brian Kunkle |
| Commonwealth of Virginia, Jason Wilson and Mira Signer |
| 3:2019cv00539 |
| July 29, 2019 |
| US District Court for the Eastern District of Virginia |
| Robert E Payne |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 41 STIPULATION of Dismissal by Brian Kunkle. (Coffield, Timothy) |
Filing 40
ORDER. Having reviewed the JOINT NOTICE OF SETTLEMENT #38 filed on January 2, 2010, and it appearing that the disputes in this action have been settled, it is hereby ORDERED that, by January 21, 2020, the parties shall either electronically file a Stipulation of Dismissal or submit a Dismissal Order to the Court for entry. It is further ORDERED that the MOTION TO DISMISS THE FIRST AMENDED COMPLAINT #14 is denied as moot. It is SO ORDERED. Signed by District Judge Robert E. Payne on 1/3/20. (jsau, )
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Filing 39
ORDER. This matter was scheduled for a settlement conference on January 14, 2020 at 9:30 a.m. #22 . The parties filed a Notice of Settlement #38 , and the settlement conference has been cancelled. Therefore, the Order requiring the Director at the Virginia Center for Behavioral Rehabilitation to arrange for Plaintiff, Brian Kunkle, to be transported to the Robinson-Merhige United States Courthouse, 701 East Broad Street, Richmond, Virginia, 23219, on January 14, 2020, #25 is hereby VACATED. It is SO ORDERED. Signed by Magistrate Judge Roderick C. Young on 1/2/19. Copy mailed to VCBR Director and placed in USMS box. (jsau, )
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| Filing 38 NOTICE of Settlement by Commonwealth of Virginia, Mira Signer, Jason Wilson (McNeill, Erin) |
| Filing 37 REPLY to Response to Motion re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Commonwealth of Virginia, Mira Signer, Jason Wilson. (McEntee, Robert) |
| Filing 36 Memorandum in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim Response to Replacement Brief on Jurisdictional Issues filed by Brian Kunkle. (Attachments: #1 Exhibit DBHDS Org Chart)(Coffield, Timothy) |
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Filing 35
ORDER. Having conferred with counsel on the record during the conference call on December 10, 2019, it is hereby ORDERED that: (1) Plaintiff shall file a response to Defendants' REPLACEMENT BRIEFF IN SUPPORT OF THE DEFENDANTS' 12(b) (1) MOTION TO DISMISS #34 by December 13, 2019; and (2) Defendants shall file a reply by December 19, 2019. It is SO ORDERED. Signed by District Judge Robert E. Payne on 12/11/19. (jsau, )
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| Minute Entry for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 12/10/2019. (Court Reporter Peppy Peterson, OCR.)(nbrow) |
| Filing 34 Replacement Brief in Support re: #14 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim; filed pursuant to the Court's #31 Order filed by Commonwealth of Virginia, Mira Signer, Jason Wilson. (Attachments: #1 Exhibit Declaration of Jason Wilson, #2 Exhibit Declaration of Nathan Miles). (McNeill, Erin). Modified docket entry on 12/06/2019. (walk, ). |
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Filing 33
NON-JURY INITIAL PRETRIAL ORDER. A pretrial conference was held on October 16, 2019. By agreement of the parties, this action is now set for trial by the Court on March 31, 2020, at 10:00 o'clock, a.m. The Scheduling Order and Pretrial Schedule A previously issued in this action shall remain in effect. A Final Pretrial Conference will be conducted at 1:00 o'clock, p.m. on March 12, 2020, at which time trial counsel shall appear and present for entry a Final Pretrial Order setting forth: (See for complete details). It is so ORDERED. Signed by District Judge Robert E. Payne on 11/19/2019. (nbrow)
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| Set Hearing: Bench Trial set for 3/31/2020 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) |
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Filing 32
ORDER. It is hereby ORDERED that the Joint Request for Bench Trial #30 is granted. It is further ORDERED that the Initial Pretrial Order #26 entered on October 17, 2019 is amended to reflect that this action is set for a bench trial to commence at 10:00 a.m. March 31, 2020. The Clerk is directed to issue a new Initial Pretrial Order that applies to non-jury trials. It is SO ORDERED. Signed by District Judge Robert E. Payne on 11/18/19. (jsau, )
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Filing 31
ORDER SCHEDULING EXPERT DISCLOSURES. Pursuant to Local Civil Rule 26(D) and the needs of the case, the defendants will disclose their expert no later than January 10, 2020. The plaintiff will disclose any rebuttal experts no later than February 7, 2020. Should the plaintiff wish to designate any expert who is not a rebuttal to the defendants' expert, the plaintiff will disclose that expert no later than December 13, 2020. It is SO ORDERED. Signed by District Judge Robert E. Payne on 10/31/19. (jsau, )
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| Filing 30 Joint STIPULATION re: #27 NOTICE Waiver of jury demand and request for bench trial by Brian Kunkle. (Coffield, Timothy) |
| Filing 29 Joint MOTION to Set Expert Disclosure Deadlines by Commonwealth of Virginia, Mira Signer, Jason Wilson. (Attachments: #1 Proposed Order) (McNeill, Erin) Modified docket text on 11/1/2019 (jsau, ). |
| Filing 28 **DISREGARD See #29 Joint Motion. REPORT of Rule 26(f) Planning Meeting by Commonwealth of Virginia, Mira Signer, Jason Wilson. (McNeill, Erin) Modified on 11/1/2019 (jsau, ). |
| Filing 27 NOTICE by Brian Kunkle re Pretrial Conference - Initial Notice Regarding Jury Demand (Coffield, Timothy) |
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Filing 26
***AMENDED (See Order #32 entered 11/19/19)*** JURY INITIAL PRETRIAL ORDER. At a pretrial conference held on October 16, 2019, this action was set for trial by a jury on March 31, 2020, at 9:30 a.m. The Scheduling Order and Pretrial Schedule A previously issued in this action shall remain in effect. A Final Pretrial Conference will be conducted at 1:00 o'clock, p.m. on March 12, 2020, at which time trial counsel shall appear and present for entry a Final Pretrial Order setting forth: (See for complete details). It is so ORDERED. Signed by District Judge Robert E. Payne on 10/17/2019. (nbrow) Modified on 11/19/2019 (jsau, ).
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Filing 25
***VACATED (SEE ORDER #39 )*** ORDER. The Court hereby ORDERS that the Director at the Virginia Center for Behavioral Rehabilitation shall arrange for Plaintiff, Brian Kunkle, to be transported to the Robinson-Merhige United States Courthouse, 701 East Broad Street, Richmond, Virginia, 23219, on January 14, 2020, so that Plaintiff may participate in the settlement conference that shall begin at 9:30 a.m. It is SO ORDERED. Signed by Magistrate Judge Roderick C. Young on 10/17/19. Copy mailed to the Director at the Virginia Center for Behavioral Rehabilitation and the USMS as directed. (jsau, ) Modified on 1/3/2020 (jsau, ).
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Filing 24
ORDER. It is hereby ORDERED that the settlement conference and proceedings required by paragraph 3 of the Scheduling Order are referred to United States Magistrate Judge Roderick C. Young. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Young within five (5) days of the date of this Order to schedule the conference to occur within the fifty-day period required by paragraph 3 of the Scheduling Order or at such other time as Magistrate Judge Young shall approve. It is SO ORDERED. Signed by District Judge Robert E. Payne on 10/17/19. (jsau, )
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Filing 23
ORDER. It is hereby ORDERED that, by October 31, 2019, counsel shall have consulted and established a schedule for the identification of experts, including the topics as to which they will testify, and a schedule for the submission of the reports and other information required by Fed. R. Civ. P. 26, and shall submit for the Court's review a proposed Consent Order memorializing their agreements. It is further ORDERED that the Court will hear oral argument on the defendants' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT #14 at 10:00 a.m. January 27, 2020. See Order for details. It is SO ORDERED. Signed by District Judge Robert E. Payne on 10/17/19. (jsau, )
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| Case Referred to Magistrate Judge Roderick C. Young for settlement purposes per Order entered 10/17/19. (jsau, ) |
| Set Hearing: Motion Hearing set for 1/27/2020 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) |
| Set Hearings: Final Pretrial Conference set for 3/12/2020 at 01:00 PM in Richmond Judges Chamber before District Judge Robert E. Payne. Jury Trial set for 3/31/2020 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) |
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Filing 22
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE. The Court has scheduled this case for a settlement conference on January 14, 2020 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Roderick C. Young. In addition to counsel, each party must have a representative physically present with the full authority to settle this action. See Order for complete details. It is SO ORDERED. Signed by Magistrate Judge Roderick C. Young on 10/16/19. (jsau, )
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| Minute Entry for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held on 10/16/2019. (nbrow) |
| Settlement Conference set for 1/14/2020 at 9:30 AM in Richmond Judges Chamber before Magistrate Judge Roderick C. Young. (mful) |
| Filing 21 ANSWER to First Amended Complaint by Commonwealth of Virginia, Mira Signer, Jason Wilson.(McEntee, Robert) |
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Filing 20
SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 10/02/2019. (Attachment: #1 Schedule A) (nbrow)
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Filing 19
ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 10/16/2019 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 10/02/2019. (nbrow)
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| Filing 18 REPLY in Support to Response to Motion re: #14 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Commonwealth of Virginia, Mira Signer, Jason Wilson. (McNeill, Erin) Modified docket text on 9/24/2019 (jsau, ). |
| Filing 17 Memorandum in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Brian Kunkle. (Coffield, Timothy) |
| Filing 16 SUMMONS Returned Executed Mira Signer served on 8/28/2019, answer due 9/18/2019. (jsau, ) |
| Filing 15 Memorandum in Support re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Commonwealth of Virginia, Mira Signer, Jason Wilson. (Attachments: #1 Exhibit Letter from Director Wilson, #2 Exhibit Declaration of Director Wilson)(McNeill, Erin) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Commonwealth of Virginia, Mira Signer, Jason Wilson. (McNeill, Erin) |
| Filing 13 NOTICE of Appearance by Robert B McEntee, III on behalf of Jason Wilson (McEntee, Robert) |
| Filing 12 NOTICE of Appearance by Robert B McEntee, III on behalf of Mira Signer (McEntee, Robert) |
| Filing 11 NOTICE of Appearance by Robert B McEntee, III on behalf of Commonwealth of Virginia (McEntee, Robert) |
| Filing 10 NOTICE of Appearance by Erin Rose McNeill on behalf of Mira Signer (McNeill, Erin) |
| Notice of Correction. Clerk has replaced the amended complaint and summons per filing attorney to correct spelling of Mira Signer's name. No further action required. (jsau, ) |
| Filing 9 Summons Issued as to Mira Signer. NOTICE TO ATTORNEY: REMOVE HEADERS Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (jsau, ) (Main Document 9 replaced on 8/21/2019) (jsau, ). |
| Filing 8 Proposed Summons re #7 Amended Complaint Mira Signer Summons by Brian Kunkle. (Coffield, Timothy) (Main Document 8 replaced on 8/21/2019) (jsau, ). |
| Filing 7 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Brian Kunkle.(Coffield, Timothy) (Main Document 7 replaced on 8/19/2019) (jsau, ). (Main Document 7 replaced on 8/21/2019) (jsau, ). |
| Filing 6 NOTICE of Appearance by Erin Rose McNeill on behalf of Commonwealth of Virginia, Jason Wilson (McNeill, Erin) |
| Filing 5 SUMMONS Returned Executed by Brian Kunkle Commonwealth of Virginia served on 8/1/2019, answer due 8/22/2019; Jason Wilson served on 8/5/2019, answer due 8/26/2019. (jsau, ) |
| Filing 4 Summons Issued as to Commonwealth of Virginia, Jason Wilson. NOTICE TO ATTORNEY: REMOVE HEADERS Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (jsau, ) |
| Filing 3 Proposed Summons re #1 Complaint Proposed Summons to Jason Wilson by Brian Kunkle. (Coffield, Timothy) (Main Document 3 replaced on 7/29/2019) (jsau, ). |
| Filing 2 Proposed Summons re #1 Complaint Proposed Summons to Commonwealth by Brian Kunkle. (Coffield, Timothy) (Main Document 2 replaced on 7/29/2019) (jsau, ). |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6762508.), filed by Brian Kunkle. (Attachments: #1 Civil Cover Sheet)(Coffield, Timothy) (Main Document 1 replaced on 7/29/2019) (jsau, ). (Attachment 1 replaced on 7/29/2019) (jsau, ). |
| Initial Case Assignment to District Judge Robert E. Payne. (jsau, ) |
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