McLane, et al v. White, et al
| Jessica L. McLane |
| David O. White, Steven M. Tupponce, Terry S. Stone, Kathy H. Morrison, Mark P. Lee and Veda G. Frazier |
| 3:2021cv00719 |
| November 16, 2021 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 10 AMENDED COMPLAINT against Veda G. Frazier, Mark P. Lee, Kathy H. Morrison, Terry S. Stone, Steven M. Tupponce, David O. White, filed by Jessica L. McLane, Jessica L. McLane(on behalf of son B.E.M.). (Attachments: #1 Local Rule 83.1(M) Certification)(jpow, ) |
Filing 9
ORDER (Granting in Part and Denying in Part Motion for Leave to Amend) - Having considered the Motion and deeming it in the interest of justice to do so, the Court hereby GRANTS IN PART AND DENIES IN PART Plaintiffs' Motion. #8 Specifically, the Court GRANTS Plaintiffs leave to file an amended complaint in order to comply with the federal pleading requirements set out in Rule 8 of the Federal Rules of Civil Procedure. However, the Court DENIES Plaintiffs' Motion to the extent that it seeks to file the proposed Amended Claim (ECF No. 8-1) as the operative complaint in this case. it is hereby ORDERED that, within twenty-one (21) days of this Order, Plaintiffs shall file a particularized amended complaint that outlines in simple and straightforward terms why Plaintiffs thinks that they are entitled to relief and why the Court has jurisdiction over this case, pursuant to Federal Rule of Civil Procedure 8(a)(l) and (2). Plaintiffs are hereby ADVISED that, the failure to strictly comply with the Court's directive and with applicable rules will result in DISMISSAL of this action for failure to prosecute under Federal Rule of Civil Procedure 41 (b). After Plaintiffs have filed their amended complaint, Defendants shall have fourteen (14) days to answer or file a motion to dismiss. Under Local Rule 7(K), Plaintiffs shall then have twenty-one (21) days to file a response opposing the motion. Under Local Rule 7(F), Defendants shall then have six days to reply. The Court will rule on the motion to dismiss before scheduling any trial dates in this matter. Additionally, the Court DENIES AS MOOT Defendants' pending Motion to Dismiss for Failure to State a Claim (ECF No. #4 ). See order for details. Signed by District Judge David J. Novak on 12/13/2021. Copy of order mailed to Plaintiffs at their addresses of record. (jpow, )
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| Minute Entry for proceedings held before District Judge David J. Novak:Initial Pretrial Conference held on 12/13/2021. (cgar) |
| Filing 8 MOTION for Leave to File an Amended Claim by Jessica L. McLane. (Attachments: #1 Proposed Amended Complaint)(jpow, ) |
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Filing 7
ORDER (Advising Parties of Removal Procedure) - The Court hereby ADVISES the parties that the Court will not rule on nor consider Defendant's Demurrer (ECF No. 1-2). Neither will the Court consider Plaintiffs' Opposition to Demurrer (ECF No. 3) nor construe its arguments as a response to Defendants' Motion to Dismiss (ECF No. 4). As such, should Plaintiffs wish to oppose Defendants' Motion to Dismiss, they must do so no later than December 14, 2021, as Plaintiffs were notified by the Roseboro notice included in Defendants' Motion. If Plaintiffs do not file any such response, the Court could dismiss the action on the basis of Defendants' papers. See Order for Details. Signed by District Judge David J. Novak on 11/30/2021. Copy of order mailed to Plaintiffs at their addresses of record as directed.(jpow, )
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Filing 6
ORDER SETTING PRETRIAL CONFERENCE - Pursuant to Fed. R. Civ. P. 16(a) and 16(b) and Local Rule 16(B), a telephonic pretrial conference is scheduled in this action for December 13, 2021, at 2:30 p.m., with United States District Judge David. J. Novak. It is anticipated that the conference will last roughly fifteen minutes. Counsel shall confer in person or by telephone not later than ten (10) days before the pretrial conference for the purposes required by Fed. R. Civ. P. 26(f) and to discuss the possibility of an early resolution. The parties shall report orally at the pretrial conference on the discovery plan required by Rule 26(f). The Court will set a trial date which will be six to nine months after the pretrial conference except for complex litigation or in other unusual circumstances. Counsel for Plaintiff shall be responsible for setting up a conference line and calling into chambers (804-916-2270) when counsel for all parties are on the line. If Plaintiff is proceeding pro se, counsel for Defendant shall be responsible for setting up a conference line and calling into chambers when all parties are on the line. SEE ORDER FOR DETAILS. Signed by Patrick F. Dillard, Law Clerk, with the Permission of U.S. District Judge David J. Novak on 11/29/2021. Copy mailed to pro se plaintiff as directed. (jpow, )
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| Initial Pretrial Conference set for 12/13/2021 at 02:30 PM in Richmond Telephonically before District Judge David J. Novak. (cgar) |
| Filing 5 Memorandum in Support re #4 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Veda G. Frazier, Mark P. Lee, Kathy H. Morrison, Terry S. Stone, Steven M. Tupponce, David O. White. (Attachments: #1 Exhibit 1)(O'Brien, Blaire) |
| Filing 4 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Veda G. Frazier, Mark P. Lee, Kathy H. Morrison, Terry S. Stone, Steven M. Tupponce, David O. White. (O'Brien, Blaire) |
| Filing 3 Opposition to Demurrer filed by Jessica L. McLane. (Attachments: #1 Cover Letter, #2 Local Rule 83.1(M) Certification)(jpow, ) |
| Filing 2 Civil Cover Sheet re #1 Notice of Removal, by Veda G. Frazier, Mark P. Lee, Kathy H. Morrison, Terry S. Stone, Steven M. Tupponce, David O. White. (Capps, Jeremy) (Main Document 2 replaced on 11/16/2021) (jpow, ). |
| Filing 1 Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-8103414.), filed by Veda G. Frazier, Terry S. Stone, Steven M. Tupponce, Kathy H. Morrison, David O. White, Mark P. Lee. (Attachments: #1 Exhibit A, #2 Exhibit B)(Capps, Jeremy) (Main Document 1 replaced on 11/16/2021) (jpow, ). |
| Case Assigned to District Judge David J. Novak. (jpow, ) |
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