Conte et al v. Commonwealth of Virginia et al
| Warren Balogh and Gregory Conte |
| Becky Crannis-Curl, Edward Gorcenski, Brian Joseph Moran, Seth Wispelwey, City of Charlottesville, Virginia State Police, Lacey Macauley, Charlottesville Police Department, Steven Flaherty, Daryl Lamont Jenkins, Terence R. McAuliffe, Al Thomas, Jr., Michael Signer, Commonwealth Of Virginia, Dwayne Dixon and Wes Bellamy |
| 3:2020cv00038 |
| July 9, 2020 |
| US District Court for the Western District of Virginia |
| Charlottesville Office |
| Joel C Hoppe |
| Norman K Moon |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
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Filing 53
PLAINTIFFS' RESPONSE in Opposition re #52 Joint MOTION to Amend/Correct #51 Pretrial Order, Case Referred to Magistrate Judge . filed by Warren Balogh, Gregory Conte. (hnw)
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Filing 52
Joint MOTION to Amend/Correct #51 Pretrial Order, Case Referred to Magistrate Judge by Al Thomas, Jr. Motions referred to Judge Joel C. Hoppe. (York, Melissa)
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Filing 51
PRETRIAL ORDER. CASE REFERRED to Magistrate Judge Joel C. Hoppe.. Signed by Senior Judge Norman K. Moon on 7/13/20. (Order mailed to Pro Se Parties via US Mail)(jcj)
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Filing 50
Case transferred in from District of Virginia Eastern; Case Number 3:19-cv-00575. Original file certified copy of transfer order and docket sheet received.
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Filing 49
ORDER - The Court GRANTS IN PART and DENIES IN PART the Appearing Defendants Motions to Dismiss Pursuant To Federal Rule of Civil Procedure 12(b)(3), or In The Alternative, Transfer Venue Pursuant to 28 U.S.C. 1404(a)(ECF Nos. 8, 14, 18, 26.) The Court TRANSFERS this case to the United States District Court for the Western District of Virginia pursuant to 28 U.S.C. 1404(a). The Court takes no action on the pending Motions to Dismiss. (ECF Nos. 10, 16, 21, 23, 28.) Signed by District Judge M. Hannah Lauck on 7/9/2020. (Copy mailed to Pro Se Plaintiffs) (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 48
MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 7/9/2020. (Copy mailed to Pro Se Plaintiffs) (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Case transferred to District of Western District of Virginia. Original file, copy of transfer order, and docket sheet sent. (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 47
REPLY to Response to Motion re #28 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Wes Bellamy. (Shipley, Brittany) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 46
REPLY to Response to Motion re #26 MOTION to Dismiss or in the alternative, to Transfer Venue, with Roseboro,. filed by Wes Bellamy. (Shipley, Brittany) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 45
REPLY to Response to Motion re #18 MOTION to Dismiss or in the Alternative, Transfer with Roseboro,. filed by Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police. (McEntee, Robert) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 44
REPLY to Response to Motion re #21 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. filed by Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police. (McEntee, Robert) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 43
REPLY to Response to Motion re #23 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police. (Attachments: #1 Exhibit A)(McEntee, Robert) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 42
Reply to #35 Response in Opposition to Motion filed by Charlottesville Police Department, City of Charlottesville. (Attachments: #1 Exhibit Case 3:19-cv-00044 Doc. 61 - Judge Moon Memorandum Opinion)(Milnor, Richard) (Additional attachment(s) added on 6/30/2020: #2 Exhibit) (smej, ). [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 41
Reply to #36 Response in Opposition to Motion, filed by Charlottesville Police Department, City of Charlottesville. (Attachments: #1 Exhibit Case 3:19-cv-00044 Doc. 61 - Judge Moon Memorandum Opinion)(Milnor, Richard) (Additional attachment(s) added on 6/29/2020: #2 Exhibit) (smej, ). [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 40
REPLY to Response to Motion re #10 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Al Thomas, Jr. (Attachments: #1 Exhibit A - Order, #2 Exhibit B - Report)(York, Melissa) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 39
REPLY to Response to Motion re #8 MOTION to Dismiss Pursuant to Rule 12(b)(3), or in the Alternative, Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) with Roseboro,. filed by Al Thomas, Jr. (Attachments: #1 Exhibit A - Order)(York, Melissa) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 38
NOTICE of Appearance by Brittany Elizabeth Shipley on behalf of Wes Bellamy (Shipley, Brittany) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 37
RESPONSE in Opposition re #21 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. filed by Warren Balogh, Gregory Conte. (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 36
RESPONSE in Opposition re #16 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #10 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #28 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #23 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Warren Balogh, Gregory Conte. (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 35
RESPONSE in Opposition re #18 MOTION to Dismiss or in the Alternative, Transfer with Roseboro,. filed by Warren Balogh, Gregory Conte. (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 34
ORDER granting #33 Motion for Extension of Time to File Response/Reply. In light of the circumstances surrounding the outbreak of COVID-19, for good cause shown, and based on the Parties' agreement, the Court GRANTS the Motion. (ECF No. 33.) Plaintiffs SHALL respond to the Filing Defendants' motions to dismiss no later than the close of business on June 22, 2020. Because the Court has now granted Plaintiffs an additional sixty (60) days to file their responses to the pending motions to dismiss, the Court will not consider any future requests for extensions of time absent extraordinary circumstances. SEE ORDER FOR DETAILS. Copy mailed to plaintiffs.. Signed by District Judge M. Hannah Lauck on 5/22/20. (khan, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 33
MOTION for Extension of Time to File Response by Warren Balogh, Gregory Conte. (Attachments: #1 Envelope) (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 32
ORDER - The Court GRANTS the Motion #31 . Plaintiffs shall responds to the Filing Defendants'' motions to dismiss no later than May 22, 2020. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 4/21/2020. (Copy mailed to Pro Se Plaintiffs) (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 31
MOTION for Extension of Time to File Response by Warren Balogh, Gregory Conte. (Attachments: #1 Envelope) (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 30
NOTICE of Appearance by David P. Corrigan on behalf of Al Thomas, Jr (Corrigan, David) [Transferred from Virginia Eastern on 7/9/2020.]
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Notice of Correction re #26 MOTION to Dismiss or in the alternative, to Transfer Venue, with Roseboro,., #25 Notice of Appearance, #29 Memorandum in Support, #27 Memorandum in Support, #28 MOTION to Dismiss for Failure to State a Claim with Roseboro,. : Filing attorney has been notified to file future documents with an electronic signature. No further action is required. (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 29
Memorandum in Support re #28 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Wes Bellamy. (Attachments: #1 Exhibit 1)(Fessier, Rosalie) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 28
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Wes Bellamy. (Fessier, Rosalie) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 27
Memorandum in Support re #26 MOTION to Dismiss or in the alternative, to Transfer Venue, with Roseboro,. filed by Wes Bellamy. (Fessier, Rosalie) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 26
MOTION to Dismiss or in the alternative, to Transfer Venue, with Roseboro,. by Wes Bellamy. (Fessier, Rosalie) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 25
NOTICE of Appearance by Rosalie Pemberton Fessier on behalf of Wes Bellamy (Fessier, Rosalie) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 24
Memorandum in Support re #23 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police. (Attachments: #1 Proposed Order)(McEntee, Robert) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 23
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police. (McEntee, Robert) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 22
Memorandum in Support re #21 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. filed by Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police. (McEntee, Robert) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 21
MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. by Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police. (Attachments: #1 Proposed Order)(McEntee, Robert) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 20
NOTICE of Appearance by Madeline Markelz Gibson on behalf of Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police (Gibson, Madeline) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 19
Memorandum in Support re #18 MOTION to Dismiss or in the Alternative, Transfer with Roseboro,. filed by Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police. (Attachments: #1 Proposed Order)(McEntee, Robert) Modified to correct docket text on 3/4/2020 (smej, ). [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 18
MOTION to Dismiss or in the Alternative, Transfer with Roseboro,. by Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police. (McEntee, Robert) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 17
Brief in Support to #16 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Charlottesville Police Department, City of Charlottesville. (Milnor, Richard) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 16
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Charlottesville Police Department, City of Charlottesville. (Milnor, Richard) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 15
Brief in Support to #14 MOTION to Dismiss or in the Alternative Transfer with Roseboro,. filed by Charlottesville Police Department, City of Charlottesville. (Milnor, Richard) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 14
MOTION to Dismiss or in the Alternative Transfer with Roseboro,. by Charlottesville Police Department, City of Charlottesville. (Milnor, Richard) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 13
NOTICE of Appearance by Erin Rose McNeill on behalf of Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police (McNeill, Erin) (Main Document 13 replaced on 3/3/2020) (jsmi, ). (Main Document 13 replaced second time at filer's request on 3/3/2020) (jsmi, ). [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 12
NOTICE of Appearance by Richard Hustis Milnor on behalf of Charlottesville Police Department, City of Charlottesville (Milnor, Richard) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 11
Brief in Support to #10 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Al Thomas, Jr. (Attachments: #1 Exhibit 1)(York, Melissa) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 10
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Al Thomas, Jr. (York, Melissa) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 9
Brief in Support to #8 MOTION to Dismiss Pursuant to Rule 12(b)(3), or in the Alternative, Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) with Roseboro,. filed by Al Thomas, Jr. (York, Melissa) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 8
MOTION to Dismiss Pursuant to Rule 12(b)(3), or in the Alternative, Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) with Roseboro,. by Al Thomas, Jr. (York, Melissa) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 7
NOTICE of Appearance by Robert B McEntee, III on behalf of Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Virginia State Police (McEntee, Robert) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 6
SUMMONS Returned Executed as to Wes Bellamy, Charlottesville Police Department, City of Charlottesville, Commonwealth of Virginia, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Al Thomas, Jr., Virginia State Police served on 2/11/2020, answer due 3/3/2020. (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 5
Summons Issued as to Wes Bellamy, Charlottesville Police Department, City of Charlottesville, Commonwealth of Virginia, Becky Crannis-Curl, Steven Flaherty, Terence R. McAuliffe, Brian Joseph Moran, Michael Signer, Al Thomas, Jr, Virginia State Police, and Seth Wispelwey. (jsmi, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 4
ORDER that the Court GRANTS Plaintiff's #3 Motion to Extend Time for Service. Service must be issued on or before February 12, 2020. Signed by District Judge M. Hannah Lauck on 11/12/2019. (jsmi, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 3
MOTION to Extend Time for Service by Warren Balogh and Gregory Conte. (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 2
NOTICE of Change of Address by Gregory Conte. (smej, ) [Transferred from Virginia Eastern on 7/9/2020.]
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Filing 1
COMPLAINT against All Defendants ( Filing fee: $400, receipt number: 34683044688) filed by Warren Balogh and Gregory Conte. (Attachments: #1 Local Rule 83.1(M) Certification, #2 Receipt) (jsmi, ) [Transferred from Virginia Eastern on 7/9/2020.]
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