Reyes v. Clarke et al
| Nicolas Reyes |
| Harold Clarke, Terrance Huff, Earl Barksdale, William Lee, Dr. Everett Ellison McDuffie, A. David Robinson, Lieutenant Justin Kiser, Arvil Gallihar, James Lambert, Steven Herrick, Christopher Gilbert, Lt. Garry Adams, Randall Mathena, Larry Collins, D. Trent, Amee Duncan and Jeffrey Kiser |
| 2:2019cv00035 |
| September 5, 2019 |
| US District Court for the Western District of Virginia |
| Big Stone Gap Office |
| James P Jones |
| Pamela Meade Sargent |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 89 NOTICE of Change of Address by Maggie Ellen Filler (Filler, Maggie) |
Filing 88
MINUTE ORDER amending Scheduling Order, #86 to include that all counsel must provide two printed copies of any briefs and exhibits filed with the court to USDC Jones.. Signed by Magistrate Judge Pamela Meade Sargent on 10/7/19. (PMS)
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| Filing 87 NOTICE of Hearing: (CR) (No Interpreter requested) : Jury Trial set for 10/13/2020 thru 10/23/2020 at 9:00 a.m. in Abingdon before Judge James P. Jones. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (flc) |
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Filing 86
SCHEDULING ORDER: Jury Trial set for 10/13/2020 thru 10/23/2020 at 9:00 a.m. in Abingdon before Judge James P. Jones. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.. Signed by Magistrate Judge Pamela Meade Sargent on 10/1/19. (flc)
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| Filing 85 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Scheduling Conference held by telephone conference call with Counsel Swirski, Heilman, Agraharkar, Filler, Guadarrama, Roeing, O'Shea, John Jessee and Sarah Jessee on 9/30/2019. Jury trial set before J. Jones in AB on 10/13-23/20. Scheduling Order forthcoming. (PMS) |
| Filing 84 REPORT of Rule 26(f) Planning Meeting (Agraharkar, Vishal) |
| Filing 83 Notice Rescheduling Hearing previously set for 09/26/2019 at 10:00 a.m. before Judge Sargent. Scheduling Conference set for 9/30/2019 02:30 PM by telephone conference call before Magistrate Judge Pamela Meade Sargent. Joint Rule 26(f) Report due 09/27/2019.(Bordwine, Robin) |
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Filing 82
ORDER granting #81 MOTION to Appear Pro Hac Vice Alejandro Guadarrama. Signed by Magistrate Judge Pamela Meade Sargent on 9/18/19. (ejs)
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| Filing 81 MOTION for Alejandro Guadarrama to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3229413. by Nicolas Reyes. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Text of Proposed Order)(Agraharkar, Vishal) |
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Filing 80
ORDER granting #74 MOTION to Appear Pro Hac Vice Attorney Maggie Ellen Filler; granting #75 MOTION to Appear Pro Hac Vice Attorney Alan J. J. Swirski #76 MOTION to Appear Pro Hac Vice Attorney Charles F. Walker; granting #77 MOTION to Appear Pro Hac Vice Attorney Danielle Ottaviani granting #78 MOTION to Appear Pro Hac Vice Attorney,Jaclyn M. Roeing granting #79 MOTION to Appear Pro Hac Vice Attorney Jeffte Asael Romero. Signed by Magistrate Judge Pamela Meade Sargent on 9/18/19. (ejs) (Main Document 80 replaced on 9/18/2019) (ejs). Modified on 9/18/2019 - incorrect pdf attached during initial docketing; document replaced with correct document (ejs).
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| Filing 79 MOTION for Jeff Romero to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3228876. by Nicolas Reyes. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Text of Proposed Order)(Agraharkar, Vishal) |
| Filing 78 MOTION for Jaclyn Roeing to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3228874. by Nicolas Reyes. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Text of Proposed Order)(Agraharkar, Vishal) |
| Filing 77 MOTION for Danielle Ottaviani to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3228872. by Nicolas Reyes. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Text of Proposed Order)(Agraharkar, Vishal) |
| Filing 76 MOTION for Charles F. Walker to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3228731. by Nicolas Reyes. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Text of Proposed Order)(Agraharkar, Vishal) |
| Filing 75 MOTION for Alan Swirski to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3228696. by Nicolas Reyes. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Text of Proposed Order)(Agraharkar, Vishal) |
| Filing 74 MOTION for Maggie E. Filler to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3228631. by Nicolas Reyes. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit Certificate of Compliance, #2 Text of Proposed Order Proposed Order)(Agraharkar, Vishal) |
| Filing 73 NOTICE of Appearance by Sarah Clayton Jessee on behalf of Everett Ellison McDuffie (Jessee, Sarah) |
| Filing 72 NOTICE TO COUNSEL REGARDING SCHEDULING CONFERENCE: (N) Scheduling Conference set for 9/26/2019 10:00 AM by telephone conference call before Magistrate Judge Pamela Meade Sargent. Joint Rule 26(f) Report due 9/25/2019.(Bordwine, Robin) |
| Filing 71 ANSWER to Complaint #1 by Everett Ellison McDuffie.(Jessee, John) |
| Filing 70 Case transferred in from District of Virginia Eastern; Case Number 3:18-cv-00611. Original file certified copy of transfer order and docket sheet received. |
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Filing 69
ORDER that #39 and #44 Motions to Transfer are granted. The Clerk is directed to transfer the action to the United States District Court for the Western District of Virginia. Defendants' #13 Motion to Dismiss under Rule 12(b)(3) for Improper Venue is denied. Signed by District Judge Robert E. Payne on 9/4/2019. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 68 MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 9/4/2019. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.] |
| Case transferred to District of Western District of Virginia. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 67
ORDER that #15 Motion to Dismiss is denied. Signed by District Judge Robert E. Payne on 8/27/2019. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 66 MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 8/27/2019. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 65 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim (Reply to Plaintiff's Supplemental Brief in Opposition) filed by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, A. David Robinson, D. Trent. (O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 64 Brief in Support to #15 MOTION to Dismiss for Failure to State a Claim , #63 Brief in Support filed by Everett Ellison McDuffie. (Jessee, John) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 63 Brief in Support to #33 Memorandum in Opposition to Defendants' Rule 12(b)(6) Motion to Dismiss re: new case law authority filed by Nicolas Reyes. (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 62
ORDER that the UNOPPOSED #59 MOTION TO WITHDRAW APPEARANCE OF COUNSEL is granted. It is further ORDERED that the Clerk shall remove Erica L. Perdomo, Esquire as pro hac vice counsel for the plaintiff. Signed by Magistrate Judge David J. Novak on 6/5/2019. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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Filing 61
MEMORANDUM ORDER that granting Plaintiff's #57 Motion for Leave to File a Supplemental Brief on New Case Law Authority in Support of Plaintiff's Opposition to Rule 12(b)(6) Motion to Dismiss. Signed by District Judge Henry E. Hudson on 6/5/2019. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 60 Brief in Support to #59 MOTION to Withdraw as Attorney filed by Nicolas Reyes. (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 59 MOTION to Withdraw as Attorney by Nicolas Reyes. (Attachments: #1 Proposed Order)(Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 58 Memorandum in Support re #57 MOTION for Leave to File a Supplemental Brief on New Case Law Authority in Support of Plaintiff's Opposition to Rule 12(b)(6) Motion to Dismiss filed by Nicolas Reyes. (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 57 MOTION for Leave to File a Supplemental Brief on New Case Law Authority in Support of Plaintiff's Opposition to Rule 12(b)(6) Motion to Dismiss by Nicolas Reyes. (Attachments: #1 Exhibit)(Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 56
ORDER GRANTING SUBSTITUTION OF COUNSEL. Notice is hereby given that Defendant Everett McDuffie, M.D. substitutes John T. Jessee as counsel of record in place of Margaret Hoehl O'Shea and Laura H. Cahill. The substitution of counsel is hereby approved and so ORDERED. Signed by District Judge Robert E. Payne on 4/2/2019. Filed nunc pro tunc November 7, 2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Minute Entry for proceedings held before Magistrate Judge Roderick C. Young:Settlement Conference held on 2/19/2019. (mful, ) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 55 Electronic Device Authorization for plaintiff's counsel in re: Settlement Conference scheduled for 2/19/2019 (rpiz) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 54 Electronic Device Authorization for Margaret O'Shea, Esq. in re: Settlement Conference scheduled for 2/19/2019 (rpiz) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 53 Electronic Device Authorization for John Jessee, Sarah Jessee, and Kathryn Heargerty in re: Settlement Conference scheduled for 2/19/2019 (rpiz) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 52 NOTICE by Nicolas Reyes re #51 Order, Certifying arrangement of translation services for Settlement Conference (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 51
ORDER that the Warden at Red Onion State Prison shall arrange for Plaintiff, Nicolas Reyes, #1135803, to be transported to the Robinson-Merhige United States Courthouse, 701 East Broad Street, Richmond, Virginia, 23219, on February 19, 2019, so that Plaintiff may participate in the settlement conference that shall begin at 9:30 a.m. Signed by Magistrate Judge Roderick C. Young on 1/2/19. (mful, ) Modified on 1/3/2019 (mful, ) - COPIES MAILED AS DIRECTED. [Transferred from Virginia Eastern on 9/5/2019.]
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Filing 50
ORDER granting #47 Motion for Pro hac vice. Sean Michael Tepe appointed for Nicolas Reyes. Signed by District Judge Robert E. Payne on 12/4/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 49 Memorandum in Opposition re #44 MOTION to Transfer Case to the Western District of Virginia, under 28 USC 1404(a) filed by Nicolas Reyes. (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 48 Memorandum in Opposition re #39 MOTION to Transfer Case to the Western District of Virginia, under 28 USC 1404(a) filed by Nicolas Reyes. (Attachments: #1 Exhibit Declaration of Vishal Agraharkar)(Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 47 Motion to appear Pro Hac Vice by Sean Tepe and Certification of Local Counsel Vishal Agraharkar Filing fee $ 75, receipt number 0422-6382526. by Nicolas Reyes. (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Settlement Conference set for 2/19/2019 at 9:30 AM in Richmond Judges Chamber before Magistrate Judge Roderick C. Young. (mful, ) [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 46
MEMORANDUM ORDER (Granting Motion for Extension of Time)Plaintiff has moved for an extension of time to respond to Defendants' Motion to Transfer Venue. Defendants have no opposition to Motion for Enlargement of Time. Upon good cause shown, see Fed. R. Civ. P. 6(b)(l)(A), the Motion for Enlargement of Time #45 is GRANTED. Plaintiff shall file any opposition to the Motion to Transfer Venue on or before November 30, 2018. See Order for details. Signed by Magistrate Judge Roderick C. Young on 11/21/2018. Copy sent to counsels of record. (ccol, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 45 Joint MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Transfer by Nicolas Reyes. (Attachments: #1 Proposed Order (Proposed) Agreed Order for Extension of Time)(Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 44 MOTION to Transfer Case to the Western District of Virginia, under 28 USC 1404(a) by Everett Ellison McDuffie. (Jessee, John) [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 43
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE. The Court has scheduled this case for a settlement conference on February 19, 2019 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Roderick C. Young. Signed by Magistrate Judge Roderick C. Young on 11/20/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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Filing 42
ORDER GRANTING SUBSTITUTION OF COUNSEL. Defendant Everett McDuffie, M.D. substitutes John T. Jessee in place of Margaret Hoehl O'Shea and Laura H. Cahill. See Order for details. Signed by District Judge Robert E. Payne on 11/13/2018. (jsmi, )[Transferred from Virginia Eastern on 9/5/2019.]
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Filing 41
ORDERED that this action is referred to United States Magistrate Judge Roderick C. Young for settlement negotiations. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Young within five (5) days of the date of this Order. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 11/13/2018. (smej, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 40 Memorandum in Support re #39 MOTION to Transfer Case to the Western District of Virginia, under 28 USC 1404(a) filed by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, A. David Robinson, D. Trent. (Attachments: #1 Exhibit 1 - Beverly Affidavit, #2 Exhibit 2 - Kiser Affidavit)(O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 39 MOTION to Transfer Case to the Western District of Virginia, under 28 USC 1404(a) by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, A. David Robinson, D. Trent. (O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Case Referred to Magistrate Judge Roderick C. Young for Settlement purposes. (smej, ) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 38 RESPONSE in Support re #15 MOTION to Dismiss for Failure to State a Claim filed by Everett Ellison McDuffie. (Jessee, John) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 37 RESPONSE in Support re #13 MOTION to Dismiss under Rule 12(b)(3) for Improper Venue filed by Everett Ellison McDuffie. (Jessee, John) [Transferred from Virginia Eastern on 9/5/2019.] |
| Notice of Correction re #34 MOTION to Substitute Attorney. Filing attorney is notified that pro hac vice attorneys are not permitted to sign pleadings filed with the Court. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 36 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim filed by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, A. David Robinson, D. Trent. (O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 35 REPLY to Response to Motion re #13 MOTION to Dismiss under Rule 12(b)(3) for Improper Venue filed by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, A. David Robinson, D. Trent. (O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 34 MOTION to Substitute Attorney by Everett Ellison McDuffie. (Attachments: #1 Proposed Order)(Jessee, John) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 33 Memorandum in Opposition re #15 MOTION to Dismiss for Failure to State a Claim filed by Nicolas Reyes. (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 32 Memorandum in Opposition re #13 MOTION to Dismiss under Rule 12(b)(3) for Improper Venue filed by Nicolas Reyes. (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 31
ORDER that Plaintiff's #29 Motion for Leave to File Excess Pages be and is GRANTED for good cause shown. Signed by District Judge Robert E. Payne on 10/25/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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Filing 30
ORDER that Plaintiff's #28 Motion for Extension of Time be and is GRANTED for good cause shown. It is further ORDERED that Plaintiff submit his opposition to the motions on or before November 2, 2018..Signed by District Judge Robert E. Payne on 10/25/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 29 Joint MOTION for Leave to File Excess Pages by Nicolas Reyes. (Attachments: #1 Proposed Order )(Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 28 Joint MOTION for Extension of Time to File Response/Reply by Nicolas Reyes. (Attachments: #1 Proposed Order)(Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 27 ANSWER to #1 Complaint, by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, Everett Ellison McDuffie, A. David Robinson, D. Trent.(O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 26 DISREGARD. SEE DOCKET ENTRY #29 . MOTION for Leave to File Excess Pages by Nicolas Reyes. (Attachments: #1 Proposed Order Proposed Agreed Order)(Agraharkar, Vishal) Modified on 10/25/2018 (jsmi, ). Modified on 10/25/2018 (jsmi, ). [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 25 DISREGARD. SEE DOCKET ENTRY #28 . Consent MOTION for Extension of Time to File Responses to Defendants' #13 & #15 Rule 12 Motions by Nicolas Reyes. (Attachments: #1 Proposed Order (Proposed) Agreed Order for Extension of Time). (Agraharkar, Vishal) Modified docket text on 10/25/2018 (smej, ). [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 24
ORDER that, by October 24, 2018, the defendants, HaroldW. Clarke, A. David Robinson, Jeffrey Kiser, Randall Mathena, Earl Barksdale, Arvil Gallihar, Amee Duncan, Larry Collins, and Justin Kiser, shall file their Answers to the Complaint. See Order for details. Signed by District Judge Robert E. Payne on 10/22/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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Filing 23
ORDER GRANTING #20 Motion by Nicolas Reyes for the Admission of Erica L. Perdomo, Esquire Pro Hac Vice. Signed by District Judge Robert E. Payne on 10/19/2018. (walk, ) [Transferred from Virginia Eastern on 9/5/2019.]
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Filing 22
ORDER GRANTING #19 Motion by Nicolas Reyes for the Admission of Alan J.J. Swirski, Esquire Pro Hac Vice. Signed by District Judge Robert E. Payne on 10/19/2018. (walk, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 21 SUMMONS Returned Executed. Terrance Huff served on 9/14/2018, answer due 10/5/2018; D. Trent served on 9/14/2018, answer due 10/5/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 20 Motion to appear Pro Hac Vice by Erica Perdomo and Certification of Local Counsel Vishal Agraharkar Filing fee $ 75, receipt number 0422-6322888. by Nicolas Reyes. (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 19 Motion to appear Pro Hac Vice by Alan J.J. Swirski and Certification of Local Counsel Vishal Agraharkar Filing fee $ 75, receipt number 0422-6322846. by Nicolas Reyes. (Attachments: #1 Supplement Federal Court Admissions)(Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 18 SUMMONS Returned Executed. Garry Adams served on 9/14/2018, answer due 10/5/2018; Larry Collins served on 9/14/2018, answer due 10/5/2018; Amee Duncan served on 9/14/2018, answer due 10/5/2018; Arvil Gallihar served on 9/14/2018, answer due 10/5/2018; Christopher Gilbert served on 9/14/2018, answer due 10/5/2018; Jeffrey Kiser served on 9/14/2018, answer due 10/5/2018; Justin Kiser served on 9/14/2018, answer due 10/5/2018; James Lambert served on 9/14/2018, answer due 10/5/2018; Everett Ellison McDuffie served on 9/14/2018, answer due 10/5/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 17 NOTICE of Appearance by Vishal Mahendra Agraharkar on behalf of Nicolas Reyes (Agraharkar, Vishal) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 16 Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim filed by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, Everett Ellison McDuffie, A. David Robinson, D. Trent. (Attachments: #1 Exhibit 1 - OP 830.2, #2 Exhibit 2 - OP 841.4, #3 Exhibit 3 - OP 730.3)(O'Shea, Margaret)[Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 15 MOTION to Dismiss for Failure to State a Claim by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, Everett Ellison McDuffie, A. David Robinson, D. Trent. (O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 14 Memorandum in Support re #13 MOTION to Dismiss under Rule 12(b)(3) for Improper Venue filed by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, Everett Ellison McDuffie, A. David Robinson, D. Trent. (Attachments: #1 Exhibit 1 - Adams Affidavit, #2 Exhibit 2 - McDuffie Affidavit, #3 Exhibit 3 - Huff Affidavit)(O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 13 MOTION to Dismiss under Rule 12(b)(3) for Improper Venue by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, Everett Ellison McDuffie, A. David Robinson, D. Trent. (O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 12 SUMMONS Returned Executed. Earl Barksdale served on 9/13/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 11
ORDER that the defendants' #10 MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSIVE PLEADINGS is granted. It is further ORDERED that the defendants shall file their Answers and any other motions with respect to the Complaint by October 12, 2018. Signed by District Judge Robert E. Payne on 10/5/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 10 MOTION for Extension of Time to File Responsive Pleading by Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, Everett Ellison McDuffie, A. David Robinson, D. Trent. (Attachments: #1 Proposed Order)(O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 9 NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, Everett Ellison McDuffie, A. David Robinson, D. Trent (O'Shea, Margaret) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 8 NOTICE of Appearance by Laura Haeberle Cahill on behalf of Garry Adams, Earl Barksdale, Harold Clarke, Larry Collins, Amee Duncan, Arvil Gallihar, Christopher Gilbert, Steven Herrick, Terrance Huff, Jeffrey Kiser, Justin Kiser, James Lambert, William Lee, Randall Mathena, Everett Ellison McDuffie, A. David Robinson, D. Trent (Cahill, Laura) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 7 SUMMONS Returned Executed. Harold Clarke served on 9/14/2018, answer due 10/5/2018; Steven Herrick served on 9/14/2018, answer due 10/5/2018; William Lee served on 9/14/2018, answer due 10/5/2018; Randall Mathena served on 9/14/2018, answer due 10/5/2018; A. David Robinson served on 9/14/2018, answer due 10/5/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.] |
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Filing 6
ORDER granting #3 , #4 , and #5 Motions for Pro hac vice. Eden B. Heilman, Locke E Bowman, and Maggie E. Filler appointed for Nicolas Reyes. Signed by District Judge Robert E. Payne on 9/13/2018. (jsmi, ) [Transferred from Virginia Eastern on 9/5/2019.]
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| Filing 5 Motion to appear Pro Hac Vice by Maggie E. Filler and Certification of Local Counsel Claire Gastanaga Filing fee $ 75, receipt number 0422-6266779. by Nicolas Reyes. (Gastanaga, Claire) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 4 Motion to appear Pro Hac Vice by Locke E. Bowman and Certification of Local Counsel Claire Gastanaga Filing fee $ 75, receipt number 0422-6266768. by Nicolas Reyes. (Gastanaga, Claire) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 3 Motion to appear Pro Hac Vice by Eden Heilman and Certification of Local Counsel Claire Gastanaga Filing fee $ 75, receipt number 0422-6266749. by Nicolas Reyes. (Gastanaga, Claire) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 2 Summons Issued as to All Defendants. NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. Before Printing Summons please remove header from the top of the page (Attachments: #1 Summon Barksdale, #2 Summon Clarke, #3 Summon Collins, #4 Summon Duncan, #5 Summon Gallihar, #6 Summon Gilbert, #7 Summon Herrick, #8 Summon Huff, #9 Summon Jeffrey Kiser, #10 Summon Justin Kiser, #11 Summon Lambert, #12 Summon Lee, #13 Summon Mathena, #14 Summon McDuffie, #15 Summon Robinson, #16 Summon Trent)(ccol, ) [Transferred from Virginia Eastern on 9/5/2019.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee: $400, receipt number: 0422-6257218), filed by Nicolas Reyes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet).(ccol, ) (Attachment 4 replaced on 9/6/2018. NEF Regenerated.) (smej, ). Modified docket text on 9/6/2018 (smej, ). [Transferred from Virginia Eastern on 9/5/2019.] |
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