Moore v. Blue Ridge Bankshares, Inc. et al
Janice A. Moore |
Virginia Community Bank, Inc., A. Pierce Stone, H. B. Sedwick, III, John A. Hodge, Virginia Community Bankshares, Inc., Ronald S. Spicer, Blue Ridge Bankshares, Inc., Blue Ridge Bank, National Association, Thomas M. Crowder, Andrew C. Holzwarth, A. Preston Moore, Jr., Amy M. Schick and Mark W. Sisk |
3:2019cv00045 |
August 12, 2019 |
US District Court for the Western District of Virginia |
Robert S Ballou |
Glen E Conrad |
Joel C Hoppe |
Labor: E.R.I.S.A. |
29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
None |
Docket Report
This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 133 It is hereby ORDERED that this matter shall be TRANSFERRED to the docket of the Honorable Robert S. Ballou, United States District Judge for the Western District of Virginia, for all further action. Senior Judge Norman K. Moon no longer assigned to case. Entered by Senior Judge Norman K. Moon on 3/30/2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jv) |
Filing 132 ORDER denying #100 Motion to Dismiss. Signed by Senior Judge Norman K. Moon on 3/30/23. (kld) |
Filing 131 MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/30/23. (kld) |
Filing 130 ORDER denying #91 Motion for Summary Judgment. Signed by Senior Judge Norman K. Moon on 3/30/23. (kld) |
Filing 129 MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 3/30/23. (kld) |
Filing 128 NOTICE of Appearance by Alexis Caris on behalf of All Defendants (Caris, Alexis) |
Filing 127 NOTICE of Appearance by Deborah S. Davidson on behalf of Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, A. Pierce Stone (Davidson, Deborah) |
Filing 126 ORAL ORDER granting #125 MOTION for Deborah S. Davidson to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 3/15/23. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH) |
Filing 125 MOTION for Deborah S. Davidson to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4141485. by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, A. Pierce Stone. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Declaration in Support of Deborah S. Davidson, #2 Text of Proposed Order)(Dixon, Stephen) |
Filing 124 Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 3/3/2023 via ZOOM re #100 MOTION to Dismiss Plaintiff's Prohibited Transaction and Fiduciary Breach Claims Arising On or After August 24, 2018, for Lack of Article III Standing filed by Thomas M. Crowder, Blue Ridge Bank, National Association, Andrew C. Holzwarth, Amy M. Schick, A. Pierce Stone, Mark W. Sisk, John A. Hodge, Blue Ridge Bankshares, Inc., A. Preston Moore, Jr., H. B. Sedwick, III, and Ronald S. Spicer. (Court Reporter: Lisa Blair) (ca) |
Filing 123 ORAL ORDER granting #122 MOTION for Alexis Caris to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 2/23/23. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH) |
Filing 122 MOTION for Alexis Caris to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4132768. by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Declaration in Support of Alexis Caris, #2 Text of Proposed Order)(Dixon, Stephen) |
Filing 121 Reply re #98 MOTION to Certify Class Plaintiff's Motion to Certify Class Pursuant to Federal Rule of Civil Procedure 23 . filed by Janice A. Moore. (Zemel, Daniel) |
Filing 120 RESPONSE to Motion re #116 MOTION for Leave to File Notice of Supplemental Authority in Support of Defendants' Motion for Summary Judgment on Timeliness of Plaintiff's Original Claims Plaintiff's Response. filed by Janice A. Moore. (Antell, Zev) |
Filing 119 ORAL ORDER granting #118 Motion for Leave to File. The Clerk is directed to file defendants' sur-reply brief, ECF No. 118-1. Entered by Magistrate Judge Joel C. Hoppe on 2/8/23. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH) |
Filing 118 MOTION for Leave to File Sur-Reply in Further Opposition to Plaintiff's Motion to Certify a Class Pursuant to Fed. R. Civ. P. 23 [Unopposed] by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, A. Pierce Stone. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Exhibit A - Defendants' Sur-Reply, #2 Exhibit A-1 - Declaration of Amy Schick)(Dixon, Stephen) |
Filing 117 ORAL ORDER granting #116 Motion for Leave to File. Entered by Magistrate Judge Joel C. Hoppe on 2/2/23. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH) |
Filing 116 MOTION for Leave to File Notice of Supplemental Authority in Support of Defendants' Motion for Summary Judgment on Timeliness of Plaintiff's Original Claims by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, A. Pierce Stone. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Exhibit A - Notice of Supplemental Authority, #2 Exhibit A-1 - Fleming v. Rollins Inc. Opinion)(Dixon, Stephen) |
Filing 115 Reply re #100 MOTION to Dismiss Plaintiff's Prohibited Transaction and Fiduciary Breach Claims Arising On or After August 24, 2018, for Lack of Article III Standing . filed by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, A. Pierce Stone. (Attachments: #1 Declaration in Support of Amy M. Schick, #2 Exhibit E, #3 Exhibit F)(Dixon, Stephen) |
Filing 114 ORAL ORDER granting #113 Motion for Leave to File briefs in excess of the page limit. Entered by Magistrate Judge Joel C. Hoppe on 1/25/23. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH) |
Filing 113 Joint MOTION for Leave to File Briefs in Excess of the Applicable Page Limits Nunc Pro Tunc by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. Motions referred to Judge Joel C. Hoppe. (Dixon, Stephen) |
Filing 112 NOTICE of Video-Conference Hearing on Motion: #100 MOTION to Dismiss Plaintiff's Prohibited Transaction and Fiduciary Breach Claims Arising On or After August 24, 2018, for Lack of Article III Standing : (CR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings). Motion Hearing set for March 3, 2023 at 2:00 PM via Zoom before Senior Judge Norman K. Moon. (ca) |
Filing 111 NOTICE by Janice A. Moore re #98 Notice of Plaintiff's Waiver of Hearing Regarding Motion to Certify Class Pursuant to Federal Rule of Civil Procedure 23 (Antell, Zev) |
Filing 110 Reply re #98 MOTION to Certify Class Plaintiff's Motion to Certify Class Pursuant to Federal Rule of Civil Procedure 23 . filed by Janice A. Moore. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Antell, Zev) |
Filing 109 Brief / Memorandum in Opposition re #100 MOTION to Dismiss Plaintiff's Prohibited Transaction and Fiduciary Breach Claims Arising On or After August 24, 2018, for Lack of Article III Standing . filed by Janice A. Moore. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Zemel, Daniel) |
Filing 108 Brief / Memorandum in Opposition re #98 MOTION to Certify Class Plaintiff's Motion to Certify Class Pursuant to Federal Rule of Civil Procedure 23 . filed by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, A. Pierce Stone. (Attachments: #1 Declaration in Support of Amy Schick, #2 Exhibit A to Decl. of A. Schick, #3 Exhibit B to Decl. of A. Schick, #4 Exhibit C to Decl. of A. Schick, #5 Exhibit D to Decl. of A. Schick, #6 Exhibit E to Decl. of A. Schick, #7 Exhibit F to Decl. of A. Schick, #8 Exhibit G to Decl. of A. Schick, #9 Exhibit H to Decl. of A. Schick, #10 Exhibit I to Decl. of A. Schick, #11 Declaration in Support of Sean McMahan, #12 Exhibit A to Decl. of S. McMahan, #13 Exhibit B to Decl. of S. McMahan, #14 Exhibit C to Decl. of S. McMahan, #15 Exhibit D to Decl. of S. McMahan)(Dixon, Stephen) |
Filing 107 TRANSCRIPT of Proceedings: Motion Hearing held on 1/4/2023 before Judge Moon. Court Reporter/Transcriber Mary J. Butenschoen, Telephone number 540-857-5100 Ext. 5312. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 1/30/2023. Redacted Transcript Deadline set for 2/7/2023. Release of Transcript Restriction set for 4/7/2023. (mb) |
Filing 106 Financial arrangements made (Original) (Daily Service) re #105 Transcript Request,, Transcript due by 1/8/2023. (mb) |
Filing 105 TRANSCRIPT REQUEST (Daily Service) by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, A. Pierce Stone for Hearing on Motion for Summary Judgment held on 1/4/2023 reported by Court Reporter Mary Butenschoen before Judge Hon. Norman K. Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (Dixon, Stephen) |
Filing 104 Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 1/4/2023 via ZOOM re #91 MOTION for Summary Judgment on Timeliness of Plaintiff's Original Claims filed by Thomas M. Crowder, Blue Ridge Bank, National Association, Andrew C. Holzwarth, Amy M. Schick, A. Pierce Stone, Mark W. Sisk, John A. Hodge, Blue Ridge Bankshares, Inc., A. Preston Moore, Jr., H. B. Sedwick, III, Ronald S. Spicer. (Court Reporter: Mary Butenschoen) (ca) |
Filing 103 ORAL ORDER: The Court is in consideration of Defendants' Motion to Dismiss Defendant Ronald Spicer, Dkt. 90, and Parties' joint notice of submission, Dkt. 94, of the motion to dismiss Defendant Ronald Spicer. As the Parties jointly bring for submission Defendants Motion to Dismiss Defendant Ronald Spicer, Dkt. 90, the motion is hereby granted. Entered by Senior Judge Norman K. Moon on 12/19/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(dg) |
Filing 102 ORAL ORDER granting #97 Motion. Plaintiff shall file any opposition to Defendants' motion to dismiss, ECF No. 100, no later than January 17, 2023. Defendants shall file any reply no later than January 31, 2023. Entered by Magistrate Judge Joel C. Hoppe on 12/14/22. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH) |
Filing 101 Brief / Memorandum in Support re #100 MOTION to Dismiss Plaintiff's Prohibited Transaction and Fiduciary Breach Claims Arising On or After August 24, 2018, for Lack of Article III Standing . filed by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone. (Attachments: #1 Declaration in Support of Amy Schick, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Dixon, Stephen) |
Filing 100 MOTION to Dismiss Plaintiff's Prohibited Transaction and Fiduciary Breach Claims Arising On or After August 24, 2018, for Lack of Article III Standing by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone. (Dixon, Stephen) |
Filing 99 Brief / Memorandum in Support re #98 MOTION to Certify Class Plaintiff's Motion to Certify Class Pursuant to Federal Rule of Civil Procedure 23 . filed by Janice A. Moore. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3)(Butler, Harris) |
Filing 98 MOTION to Certify Class Plaintiff's Motion to Certify Class Pursuant to Federal Rule of Civil Procedure 23 by Janice A. Moore. (Butler, Harris) |
Filing 97 Joint MOTION to Modify the Briefing Schedule for Defendants' Forthcoming Motion to Dismiss by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone. Motions referred to Judge Joel C. Hoppe. (Dixon, Stephen) |
Filing 96 Reply re #91 MOTION for Summary Judgment on Timeliness of Plaintiff's Original Claims . filed by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone. (Dixon, Stephen) |
Filing 95 RESPONSE in Opposition re #91 MOTION for Summary Judgment on Timeliness of Plaintiff's Original Claims . filed by Janice A. Moore. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Zemel, Daniel) |
Filing 94 NOTICE by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone re #90 of Submission (Joint) (Dixon, Stephen) |
Filing 93 NOTICE of Video-Conference Hearing on Motion: #91 MOTION for Summary Judgment on Timeliness of Plaintiff's Original Claims : (CR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings). Motion Hearing set for January 4, 2023 at 2:00 PM via Zoom before Senior Judge Norman K. Moon. (ca) |
Filing 92 Brief / Memorandum in Support re #91 MOTION for Summary Judgment on Timeliness of Plaintiff's Original Claims . filed by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone. (Attachments: #1 Declaration in Support of Amy Schick, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit FF, #32 Exhibit JJ, #33 Exhibit KK, #34 Exhibit LL, #35 Exhibit MM, #36 Exhibit NN, #37 Declaration in Support of Sean K. McMahan, #38 Exhibit T, #39 Exhibit EE, #40 Exhibit GG, #41 Exhibit HH, #42 Exhibit II, #43 Exhibit OO)(Dixon, Stephen) |
Filing 91 MOTION for Summary Judgment on Timeliness of Plaintiff's Original Claims by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone. (Dixon, Stephen) |
Filing 90 MOTION to Dismiss Defendant Ronald Spicer by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone. (Dixon, Stephen) |
Filing 89 PRETRIAL ORDER. Signed by Magistrate Judge Joel C. Hoppe on 08/25/2022. (dg) |
Filing 88 Proposed Pretrial Order [Joint] by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone. (Dixon, Stephen) |
Filing 87 NOTICE of Hearing: (CR) Bench Trial set for October 11-20, 2023 09:30 AM in Charlottesville before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.. (October 11-13; October 16-20)(hnw) |
Filing 86 Log Notes for discovery hrg in the Harrisonburg Division held before Judge Joel C. Hoppe on 7/25/22. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. Cisco Conference Operator: Karen Dotson (kld) |
Filing 85 Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Discovery Hearing re: #82 Joint Proposed Pretrial Order held on 7/25/2022. (Cisco Conference Operator: Karen Dotson) (kld) |
Filing 84 NOTICE of Hearing: (FTR) Hearing on #82 Proposed Amended Pretrial Order set for 7/25/2022 11:30 AM by telephone conference before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel. (kld) |
Filing 83 SUGGESTION OF DEATH Upon the Record as to Ronald Spicer by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone (Dixon, Stephen) |
Filing 82 Proposed Pretrial Order - Moon (Joint) by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone (Dixon, Stephen) |
Filing 81 ORDER granting #80 Motion for Extension of Time to File Document. Signed by Magistrate Judge Joel C. Hoppe on 06/23/2022. (dg) |
Filing 80 MOTION for Extension of Time to File Agreed Motion for Extension of Time to File Proposed Alternate Scheduling Order by Janice A. Moore. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Text of Proposed Order)(Butler, Harris) |
Filing 79 PRETRIAL ORDER. Signed by Senior Judge Norman K. Moon on 06/15/2022. (dg) |
Filing 78 Defendants' ANSWER to #75 Amended Complaint, by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone.(Dixon, Stephen) |
Filing 77 ORAL ORDER: The Court hereby adopts the parties' stipulation, ECF No. 76, and DIRECTS Defendants to respond to Plaintiff's First Amended Complaint no later than June 6, 2022. It is so ORDERED. Entered by Magistrate Judge Joel C. Hoppe on 04/11/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(dg) |
Filing 76 STIPULATION re #75 Amended Complaint, Joint Stipulation to Standardize Defendants' Responsive Pleading Deadline by Blue Ridge Bank, National Association, Blue Ridge Bankshares, Inc., Thomas M. Crowder, John A. Hodge, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, H. B. Sedwick, III, Mark W. Sisk, Ronald S. Spicer, A. Pierce Stone (Dixon, Stephen) |
Filing 75 Redacted AMENDED COMPLAINT against John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Blue Ridge Bankshares, Inc., Blue Ridge Bank, National Association, Thomas M. Crowder, Andrew C. Holzwarth, A. Preston Moore, Jr, Amy M. Schick, Mark W. Sisk, filed by Janice A. Moore.(dg) |
Filing 74 Sealed Document - Unredacted Amended Complaint (dg) |
Filing 73 MEMORANDUM OPINION and ORDER granting #61 MOTION for Leave to File First Amended Complaint. Signed by Magistrate Judge Joel C. Hoppe on 03/30/2022. (dg) |
Filing 72 REPLY to Response to Motion re #61 MOTION for Leave to File First Amended Complaint . filed by Janice A. Moore. (Krudys, Mark) |
Filing 71 ORAL ORDER granting #70 Motion for Extension of Time to File Response/Reply. Plaintiff shall file a reply brief no later than September 27, 2021. Entered by Magistrate Judge Joel C. Hoppe on 9/20/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH) |
Filing 70 MOTION for Extension of Time to File Response/Reply by Janice A. Moore. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Text of Proposed Order)(Krudys, Mark) |
Filing 69 RESPONSE in Opposition re #61 MOTION for Leave to File First Amended Complaint . filed by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Attachments: #1 Exhibit A - Declaration of Jennifer Mott Williams)(Dixon, Stephen) |
Filing 68 NOTICE by Janice A. Moore Redacted Amended Complaint (Attachments: #1 Exhibit)(Krudys, Mark) |
Filing 67 Oral ORDER granting #66 Motion for Extension of Time to File Response/Reply. Defendants shall file their response to Plaintiff's motion for leave to file an amended complaint, ECF No. 61, no later than September 13, 2021. Entered by Magistrate Judge Joel C. Hoppe on 8/27/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH) |
Filing 66 MOTION for Extension of Time to File Response/Reply as to #61 MOTION for Leave to File First Amended Complaint by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Text of Proposed Order)(Dixon, Stephen) |
Filing 65 Sealed Document - Proposed First Amended Complaint (Attachments: #1 Cover Letter)(dg) |
Filing 64 ORDER granting #63 Motion to Seal Document. Signed by Magistrate Judge Joel C. Hoppe on 08/17/2021. (dg) |
Filing 63 MOTION to Seal Document by Janice A. Moore. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Text of Proposed Order)(Krudys, Mark) |
Filing 62 Brief / Memorandum in Support re #61 MOTION for Leave to File First Amended Complaint . filed by Janice A. Moore. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Krudys, Mark) |
Filing 61 MOTION for Leave to File First Amended Complaint by Janice A. Moore. Motions referred to Judge Joel C. Hoppe. (Krudys, Mark) |
Filing 60 Stipulated PROTECTIVE ORDER. Signed by Magistrate Judge Joel C. Hoppe on 06/09/2021. (dg) |
Filing 59 STIPULATION for Protective Order by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc. (Dixon, Stephen) |
Filing 58 NOTICE of Appearance by Mathew J McKenna on behalf of All Defendants (McKenna, Mathew) |
Filing 57 Oral ORDER granting #56 MOTION for Mathew J. McKenna to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 6/3/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(JCH) |
Filing 56 MOTION for Mathew J. McKenna to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3713525. by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Declaration in Support, #2 Certificate of Service, #3 Text of Proposed Order)(Dixon, Stephen) |
Filing 55 Order Referring Case to Magistrate Judge Joel C. Hoppe. Signed by Senior Judge Norman K. Moon on 05/07/2021. (dg) |
Filing 54 ORDER TRANSFERRING CASE. Case transferred to Senior Judge Norman K. Moon for all further proceedings. Senior Judge Glen E. Conrad no longer assigned to case. Signed by Senior Judge Glen E. Conrad on 04/22/2021. Judge Moon's staff will be in touch soon regarding any scheduled hearings or deadlines.(ssm) |
Filing 53 STATUS REPORT Joint Status Report by Janice A. Moore (Butler, Harris) |
Filing 52 ORDER Adopting Joint Discovery Plan #51 filed by Virginia Community Bank, Inc., A. Pierce Stone, John A. Hodge, Virginia Community Bankshares, Inc., H. B. Sedwick, III, Ronald S. Spicer. Signed by Senior Judge Glen E. Conrad on 1/28/2021. (hnw) |
Filing 51 AMENDED DOCUMENT by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. Amendment to #50 Order, #49 Scheduling Letter Joint Discovery Plan (Dixon, Stephen) |
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc) |
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) |
IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI) |
Filing 50 ORDER that the deadlines set forth in the parties' joint discovery plan, ECF No. 49, are ADOPTED. Signed by Senior Judge Glen E. Conrad on 8/10/20. (jcj) |
Filing 49 Scheduling Letter (Krudys, Mark) |
Filing 48 ORDER granting #47 Motion for Extension of Time to File Proposed Discovery Plans until 8/3/2020. Signed by Senior Judge Glen E. Conrad on 07/28/2020. (ssm) |
Filing 47 MOTION for Extension of Time to File Discovery Plan by Janice A. Moore. (Attachments: #1 Exhibit Proposed Order)(Krudys, Mark) |
Filing 46 ANSWER to Complaint #1 Complaint by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc..(Dixon, Stephen) |
Filing 45 ORDER denying #31 Motion to supplement the record and denying #15 Motion to Dismiss Signed by Senior Judge Glen E. Conrad on 6/26/20. (jcj) |
Filing 44 MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 6/26/20. (jcj) |
Filing 43 Second Brief / Memorandum in Opposition re #40 Brief / Memorandum in Support, . filed by Janice A. Moore. (Krudys, Mark) |
Filing 42 ORDER granting #41 Motion for Extension of Time to File Document - Response due 4/21/2020. Signed by Senior Judge Glen E. Conrad on 04/08/2020. (ssm) |
Filing 41 MOTION for Extension of Time to File Opposition to Defendants' Supplemental Brief by Janice A. Moore. (Attachments: #1 Text of Proposed Order)(Krudys, Mark) |
Filing 40 Supplemental Brief / Memorandum in Support re #15 MOTION to Dismiss . filed by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Dixon, Stephen) |
Filing 39 Positive Corporate Disclosure Statement by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc. identifying Corporate Parent Blue Ridge Bankshares, Inc. for Virginia Community Bankshares, Inc.. (Dixon, Stephen) |
Filing 38 ORDER granting #37 Motion for Extension of Time to File supplemental briefing. Defendants' supplemental brief in support of their motion to dismiss shall be filed by 3/20/2020 and plaintiff's response brief shall be filed by 4/14/2020 Signed by Senior Judge Glen E. Conrad on 3/20/2020. (hnw) |
Filing 37 MOTION for Extension of Time to File Supplemental Brief in Support of Defendants' Motion to Dismiss by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Dixon, Stephen) |
Filing 36 NOTICE of Appearance by Daniel Zemel on behalf of Janice A. Moore (Zemel, Daniel) |
Filing 35 TRANSCRIPT of Proceedings: Moitions Hearing held on 01/29/2020 before Judge Glen E. Conrad. Court Reporter/Transcriber Sonia Ferris, email: sonia.ferris@gmail.com. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 3/30/2020. Redacted Transcript Deadline set for 4/9/2020. Release of Transcript Restriction set for 6/8/2020. (sad) |
Filing 34 Financial arrangements made (Original) (Daily Service) re #28 Transcript Request, Transcript due by 3/9/2020. (sad) |
Filing 33 Reply re #31 MOTION to Supplement the Record . filed by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (McMahan, Sean) |
Filing 32 Brief / Memorandum in Opposition re #31 MOTION to Supplement the Record . filed by Janice A. Moore. (Krudys, Mark) |
Filing 31 MOTION to Supplement the Record by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McMahan, Sean) |
Filing 30 Declaration by Janice A. Moore (Attachments: #1 Exhibit Index, #2 Exhibit VCB Forms 5500 (2006-2018), #3 Exhibit Form 5500 Instructions 2008, #4 Exhibit Form 5500 Instructions 2009, #5 Exhibit Form 5500 Instructions 2010, #6 Exhibit Form 5500 Instructions 2014, #7 Exhibit VCB and VCBSI 2017 Annual Report to Shareholders, #8 Exhibit VCB Compliance Agreement with the Federal Reserve and State Corporation Commission, #9 Exhibit Janice Moore's ESOP Statements 2006-2017, #10 Exhibit Janice Moore's 2.26.17 Letter and Preston Moore's 4.25.17 Response, #11 Exhibit VCB VA SCC Filings 2005-2019, #12 Exhibit VCBSI VA SCC Filings 2005-2019)(Krudys, Mark) (Attachment 2 replaced on 3/18/2020) (hnw). (Attachment 11 replaced on 3/18/2020) (hnw). (Attachment 12 replaced on 3/18/2020) (hnw). Modified on 3/18/2020 to replace exhibits unable to be opened/viewed by all(hnw). |
Filing 28 TRANSCRIPT REQUEST (Hourly Service) by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc. for Hearing on Motion to Dismiss held on 1/29/2020 before Judge Glen E. Conrad. Transcript Due Deadline will be set when Financial Arrangements are made. (Familoni, Oluwaseun) |
Filing 27 ORDER taking under advisement #15 Motion to Dismiss. Signed by Senior Judge Glen E. Conrad on 1/29/20. (jcj) |
Filing 29 Minute Entry for proceedings held before Senior Judge Glen E. Conrad: Motion Hearing held on 1/29/2020 re #15 MOTION to Dismiss filed by Virginia Community Bank, Inc., A. Pierce Stone, John A. Hodge, Virginia Community Bankshares, Inc., H. B. Sedwick, III, Ronald S. Spicer (). (Court Reporter: Sonia Ferris) (ssm) |
Filing 26 NOTICE of Hearing on Motion #15 MOTION to Dismiss : (CR) (No Interpreter requested) Motion Hearing set for 1/29/2020 11:00 AM in Charlottesville before Senior Judge Glen E. Conrad. (ssm) |
Filing 25 Reply re #15 MOTION to Dismiss Plaintiff's Complaint. filed by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (McMahan, Sean) |
Filing 24 Brief / Memorandum in Opposition re #15 MOTION to Dismiss , #18 Brief / Memorandum in Support, . filed by Janice A. Moore. (Butler, Harris) |
Filing 23 ORDER granting #14 MOTION to Appear Pro Hac Vice Attorney Sean K. McMahan for John A. Hodge,H. B. Sedwick, III.,Ronald S. Spicer,A. Pierce Stone,Virginia Community Bank, Inc. and Virginia Community Bankshares, Inc.. Signed by Senior Judge Glen E. Conrad on 9/26/19. (jcj) |
Filing 22 ORDER granting #13 MOTION to Appear Pro Hac Vice Attorney Oluwaseun O. Familoni for John A. Hodge,H. B. Sedwick, III.,Ronald S. Spicer, A. Pierce Stone,Virginia Community Bank, Inc. and Virginia Community Bankshares, Inc.. Signed by Senior Judge Glen E. Conrad on 9/26/19. (jcj) |
Filing 21 ORDER granting #12 MOTION to Appear Pro Hac Vice Attorney Donald L. Havermann for John A. Hodge, H. B. Sedwick, III.,Ronald S. Spicer, A. Pierce Stone,Virginia Community Bank, Inc. and Virginia Community Bankshares, Inc.. Signed by Senior Judge Glen E. Conrad on 9/26/19. (jcj) |
Filing 20 ORDER granting #11 MOTION to Appear Pro Hac Vice Attorney Jeremy P. Blumenfeld for John A. Hodge, H. B. Sedwick, III.,Ronald S. Spicer, A. Pierce Stone,Virginia Community Bank, Inc. and Virginia Community Bankshares, Inc.. Signed by Senior Judge Glen E. Conrad on 9/26/19. (jcj) |
Filing 19 Magistrate Consent Notice to Parties. (jcj) |
Filing 18 Brief / Memorandum in Support re #15 MOTION to Dismiss CORRECTED Memorandum of Law. filed by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Dixon, Stephen) |
Filing 17 Positive Corporate Disclosure Statement by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc. identifying Other Affiliate Virginia Community Bankshares, Inc. for Virginia Community Bank, Inc.. (Dixon, Stephen) |
Filing 15 MOTION to Dismiss by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Dixon, Stephen) |
Filing 14 MOTION for Sean K. McMahan to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3234972. by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Attachments: #1 Declaration in Support, #2 Text of Proposed Order, #3 Certificate of Service)(Dixon, Stephen) |
Filing 13 MOTION for Oluwaseun O. Familoni to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3234970. by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Attachments: #1 Declaration in Support, #2 Text of Proposed Order, #3 Certificate of Service)(Dixon, Stephen) |
Filing 12 MOTION for Donald L. Havermann to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3234969. by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Attachments: #1 Declaration in Support, #2 Text of Proposed Order, #3 Certificate of Service)(Dixon, Stephen) |
Filing 11 MOTION for Jeremy P. Blumenfeld to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3234965. by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Attachments: #1 Declaration in Support, #2 Text of Proposed Order, #3 Certificate of Service)(Dixon, Stephen) |
Filing 10 ORDER granting #9 Motion to Establish Motion to Dismiss Briefing Schedule. Signed by Senior Judge Glen E. Conrad on 9/19/2019. (ck) |
Filing 9 MOTION to Establish Motion to Dismiss Briefing Schedule by John A. Hodge, H. B. Sedwick, III, Ronald S. Spicer, A. Pierce Stone, Virginia Community Bank, Inc., Virginia Community Bankshares, Inc.. (Attachments: #1 Text of Proposed Order)(Dixon, Stephen) |
Filing 8 SUMMONS Returned Executed by Janice A. Moore. John A. Hodge served on 9/9/2019, answer due 9/30/2019; H. B. Sedwick, III served on 9/9/2019, answer due 9/30/2019; Ronald S. Spicer served on 9/9/2019, answer due 9/30/2019; A. Pierce Stone served on 9/9/2019, answer due 9/30/2019; Virginia Community Bank, Inc. served on 9/9/2019, answer due 9/30/2019; Virginia Community Bankshares, Inc. served on 9/9/2019, answer due 9/30/2019.(Butler, Harris) |
Filing 7 Electronic Summons Issued as to H. B. Sedwick, III. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) |
Filing 6 Electronic Summons Issued as to John A. Hodge NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) |
Filing 5 Electronic Summons Issued as to Ronald S. Spicer NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) |
Filing 4 Electronic Summons Issued as to A. Pierce Stone NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) |
Filing 3 Electronic Summons Issued as to Virginia Community Bank, Inc. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) |
Filing 2 Electronic Summons Issued as to Virginia Community Bankshares, Inc. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) |
Filing 1 COMPLAINT against All Defendants (Filing & Administrative fee $ 400; Receipt 0423-3203572.), filed by Janice A. Moore. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(jcj) |
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