Wilson v. Painter et al
Plaintiff: Kenneth Wilson
Defendant: Gordon J. Painter and Col. Jeffrey S Katz
Case Number: 3:2020cv00645
Filed: August 20, 2020
Court: US District Court for the Eastern District of Virginia
Presiding Judge: David J Novak
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 Filing 22 Memorandum in Opposition re #15 MOTION to Dismiss for Failure to State a Claim filed by Kenneth Wilson. (Battle, Ericka)
October 15, 2020 Filing 21 Memorandum in Opposition re #17 MOTION to Dismiss for Failure to State a Claim filed by Kenneth Wilson. (Battle, Ericka)
October 13, 2020 Settlement Conference set for 4/14/2021 at 9:30 AM in Richmond Judges Chamber before Magistrate Judge Elizabeth W. Hanes. (mful)
October 6, 2020 Opinion or Order Filing 20 ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE - The Court has scheduled this case for a settlement conference on April 14, 2021 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Elizabeth W. Hanes. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Elizabeth W. Hanes on 10/6/2020. (smej, )
October 1, 2020 Opinion or Order Filing 19 SCHEDULING and PRETRIAL ORDER Final Pretrial Conference set for 8/27/2021 at 02:00 PM; Jury Section set for 9/7/2021 and Jury Trial set for 9/8/2021 at 09:30 AM in Richmond Courtroom 6300 before District Judge David J. Novak. Signed by District Judge David J. Novak on 10/1/2020. (cgar)
October 1, 2020 Remark: Exhibit 1 to ECF 18 is a DVD and has been placed in a brown folder in the Clerk's Office. (tjoh, )
September 30, 2020 Filing 18 Memorandum in Support re #17 MOTION to Dismiss for Failure to State a Claim filed by Gordon J. Painter. (Attachments: #1 Exhibit 1)(Seyfarth, Julie)
September 30, 2020 Filing 17 MOTION to Dismiss for Failure to State a Claim by Gordon J. Painter. (Seyfarth, Julie)
September 30, 2020 Filing 16 Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim filed by Jeffrey S Katz. (Fulwider, Andrew)
September 30, 2020 Filing 15 MOTION to Dismiss for Failure to State a Claim by Jeffrey S Katz. (Fulwider, Andrew)
September 30, 2020 Minute Entry for proceedings held before District Judge David J. Novak:Initial Pretrial Conference held on 9/30/2020. (cgar)
September 18, 2020 Filing 14 NOTICE by Kenneth Wilson re #8 Memorandum in Opposition (Attachments: #1 Cromartie v. Billings)(Battle, Ericka)
September 17, 2020 Filing 13 AMENDED COMPLAINT against Jeffrey S Katz, Gordon J. Painter, filed by Kenneth Wilson. (smej, )
September 17, 2020 Opinion or Order Filing 12 ORDER - Because Federal Rule of Civil Procedure 15(a)(1)(B) allows a plaintiff to amend his complaint as a matter of course within "21 days after service of a motion under Rule 12(b)," which includes Defendants' Motions to Dismiss (ECF Nos. #2 , #4 ), the Court hereby DENIES AS MOOT Plaintiffs Motion (ECF No. #11 ) and DIRECTS the Clerk to file Plaintiffs proposed Amended Complaint (ECF No. 11-1) as a separate entry on the docket. Accordingly, the Court hereby DENIES WITHOUT PREJUDICE Defendants' Motions to Dismiss (ECF Nos. #2 , #4 ). Pursuant to Rule 15(a)(3), Defendants shall have fourteen (14) days from service of the Amended Complaint (ECF No. #11 ) in which to file any responsive pleadings or motions. Signed by District Judge David J. Novak on 9/16/2020. (smej, )
September 17, 2020 Notice of Correction re #11 Amended Complaint: "Amended Complaint" was selected and "Motion for Leave to File" should have been selected. The filing attorney has been notified of the proper procedures when filing motions. The Clerk's Office has corrected the error. No further action is required. (smej, )
September 16, 2020 Filing 11 MOTION for Leave to File Amended Complaint by Kenneth Wilson. (Attachments: #1 Supplement Amended Complaint) (Battle, Ericka) Modified to correct the docket entry on 9/17/2020 (smej, ).
September 16, 2020 Opinion or Order Filing 10 ORDER - The Court will not construe Plaintiffs attachments as a motion for leave to file an amended complaint, because Plaintiff did not file it as a separate pleading under Fed. R. Civ. P. 15(a)(1)(b) or as a separate motion under Fed. R. Civ. P. 15(a)(2). Should Plaintiff wish to file an amended complaint, he must do so pursuant to Fed. R. Civ. P. 15(a) and as a separate filing. Otherwise, the Court will deem Plaintiffs Memorandum #9 as his opposition to Defendant Katz's Motion to Dismiss #2 and will not consider the proposed motion attached thereto. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 9/16/2020. (smej, )
September 15, 2020 Filing 9 Memorandum in Opposition re #2 MOTION to Dismiss for Failure to State a Claim filed by Kenneth Wilson. (Attachments: #1 Exhibit Motion for Leave to Amend, #2 Exhibit Amended Complaint)(Battle, Ericka)
September 15, 2020 Filing 8 Memorandum in Opposition re #4 MOTION to Dismiss for Failure to State a Claim filed by Kenneth Wilson. (Battle, Ericka)
September 4, 2020 Opinion or Order Filing 7 ORDER Setting Pretrial Conference - SEE ORDER FOR ALL DETAILS. Signed Patrick F. Dillard with the permission of District Judge David J. Novak on 9/4/2020. (cgar)
September 4, 2020 Initial Pretrial Conference (Telephonic) set for 9/30/2020 at 04:00 PM before District Judge David J. Novak. (cgar)
September 3, 2020 Opinion or Order Filing 6 ORDER Governing Procedure Until the IPC--SEE ORDER FOR ALL DETAILS. Signed by District Judge David J. Novak on 9/3/2020. (cgar)
August 27, 2020 Filing 5 Memorandum in Support re #4 MOTION to Dismiss for Failure to State a Claim filed by Gordon J. Painter. (Attachments: #1 Exhibit 1)(Seyfarth, Julie) (Clerk received exhibit 1-DVD and placed in brown expandable file in Clerk's office). Modified on 8/28/2020 (asho, ).
August 27, 2020 Filing 4 MOTION to Dismiss for Failure to State a Claim by Gordon J. Painter. (Seyfarth, Julie)
August 27, 2020 Filing 3 Memorandum in Support re #2 MOTION to Dismiss for Failure to State a Claim filed by Jeffrey S Katz. (Fulwider, Andrew)
August 27, 2020 Filing 2 MOTION to Dismiss for Failure to State a Claim by Jeffrey S Katz. (Fulwider, Andrew)
August 20, 2020 Filing 1 Notice of Removal (Filing Fee: $400.00, Receipt Number: 0422-7360550), filed by Jeffrey S Katz, Gordon J. Painter. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Documents, #3 Exhibit B) (Seyfarth, Julie)
August 20, 2020 Initial Case Assignment to District Judge David J. Novak. (smej, )

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Plaintiff: Kenneth Wilson
Represented By: Ericka Michele Battle
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Defendant: Gordon J. Painter
Represented By: Julie A.C. Seyfarth
Represented By: Andrew James Fulwider
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Defendant: Col. Jeffrey S Katz
Represented By: Julie A.C. Seyfarth
Represented By: Andrew James Fulwider
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