Hening v. Adair
Plaintiff: Kiersten Hening
Defendant: Charles Chugger Adair, Charles Adair and Chugger Adair
Case Number: 7:2021cv00131
Filed: March 3, 2021
Court: US District Court for the Western District of Virginia
Presiding Judge: Robert S Ballou
Referring Judge: Glen E Conrad
2 Judge: Thomas T Cullen
Nature of Suit: Civil Rights: Education
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2023 Opinion or Order Filing 56 Clerks Entry of Dismissal with prejudice Pursuant to FRCP 41(a)(1)(A)(ii) (slt) Modified on 1/31/2023-corrected docket text. (slt).
January 30, 2023 Opinion or Order Filing 55 STIPULATION of Dismissal by Kiersten Hening (Norris, Cameron)
January 3, 2023 Opinion or Order Filing 54 Notice of Cancellation of Jury Trial set for 1/18/23-1/20/23(No Interpreter requested) (Cancel Court Reporter). Case settled. (ck)
December 20, 2022 Opinion or Order Filing 53 Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Settlement Conference held on 12/20/2022. (CH)
December 19, 2022 Opinion or Order Filing 52 ORAL ORDER granting Defendant's #51 Motion for Extension of Time to File Response to Plaintiffs #44 Motion for Sanctions. Defendant's response is due December 21, 2022. Plaintiff's reply is due December 30, 2022. Entered by Judge Thomas T. Cullen on 12/19/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ck)
December 16, 2022 Opinion or Order Filing 51 Consent MOTION for Extension of Time to File Response/Reply as to #44 MOTION for Sanctions by Charles Adair. (McClanahan, Marvin) Modified on 12/19/2022 to remove referral language (ck).
December 14, 2022 Opinion or Order Filing 50 Rule 26(a)(3) Pretrial Disclosures by Plaintiff Kiersten Hening.(Norris, Cameron)
December 14, 2022 Opinion or Order Filing 49 Rule 26(a)(3) Pretrial Disclosures by Defendant Charles Adair.(McClanahan, Marvin)
December 8, 2022 Opinion or Order Filing 48 TRANSCRIPT of Proceedings: Motions hearing held on December 2, 2022 before Judge Thomas T. Cullen. Court Reporter/Transcriber Lisa Blair, Telephone number 434.409.4575. 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 12/29/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/8/2023. (lmb) Main Document 48 replaced on 12/8/2022 with typographical correction made. (sad)
December 7, 2022 Opinion or Order Filing 47 Financial arrangements made (Original) (3 Days Service) re #46 Transcript Request, Transcript due by 12/10/2022. (lmb)
December 7, 2022 Opinion or Order Filing 46 TRANSCRIPT REQUEST (3 Day Service) by Kiersten Hening for 7:21-cv-131 held on 12/2/22 reported by Court Reporter L. Blair before Judge Hon. Thomas T. Cullen. Transcript Due Deadline will be set when Financial Arrangements are made. (McGlone, James)
December 5, 2022 Opinion or Order Filing 45 AFFIDAVIT in support of motion for sanctions by Kiersten Hening (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Norris, Cameron)
December 5, 2022 Opinion or Order Filing 44 MOTION for Sanctions by Kiersten Hening. (Norris, Cameron)
December 2, 2022 Opinion or Order Filing 43 TRIAL ORDER. Signed by Judge Thomas T. Cullen on 12/2/2022. (ck)
December 2, 2022 Opinion or Order Filing 42 ORDER denying #21 Motion for Summary Judgment. Signed by Judge Thomas T. Cullen on 12/2/2022. (ck)
December 2, 2022 Opinion or Order Filing 41 MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 12/2/2022. (ck)
December 2, 2022 Opinion or Order Filing 40 Minute Entry for proceedings held before Judge Thomas T. Cullen: Motion Hearing held on 12/2/2022 re #21 MOTION for Summary Judgment filed by Charles Adair, #23 MOTION to Exclude Proposed Expert filed by Charles Adair. (Court Reporter: L. Blair, via Zoom) (ck)
December 1, 2022 Opinion or Order Filing 39 ORAL ORDER granting #38 Motion for Leave to File Excess Pages in Plaintiff's Opposition to Defendant's Motion for Summary Judgment by Kiersten Hening. Entered by Judge Thomas T. Cullen on 12/1/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ck)
November 30, 2022 Opinion or Order Filing 38 Consent MOTION for Leave to File Excess Pages in Plaintiff's Original Opposition to Defendant's Motion for Summary Judgment by Kiersten Hening. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Exhibit A - Draft Opposition in 12-Point Font)(Norris, Cameron)
November 29, 2022 Opinion or Order Filing 37 REPLY to Response to Motion re #21 MOTION for Summary Judgment . filed by Charles Adair. (McClanahan, Marvin)
November 25, 2022 Opinion or Order Filing 36 REPLY to Response to Motion re #23 MOTION to Exclude Proposed Expert . filed by Charles Adair. (McClanahan, Marvin)
November 18, 2022 Opinion or Order Filing 35 AFFIDAVIT in Opposition re #21 MOTION for Summary Judgment . filed by Kiersten Hening. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(McGlone, James)
November 18, 2022 Opinion or Order Filing 34 Brief / Memorandum in Opposition re #21 MOTION for Summary Judgment . filed by Kiersten Hening. (McGlone, James)
November 18, 2022 Opinion or Order Filing 33 RESPONSE in Opposition re #23 MOTION to Exclude Proposed Expert . filed by Kiersten Hening. (Attachments: #1 Exhibit 1 - Defendant's First ROG Response)(Norris, Cameron)
November 9, 2022 Opinion or Order Filing 32 NOTICE of Appearance by James Paul McGlone on behalf of Kiersten Hening (McGlone, James)
November 9, 2022 Opinion or Order Filing 31 ORDER granting #30 MOTION to Appear Pro Hac Vice regarding James P. McGlone. Signed by Magistrate Judge Robert S. Ballou on 11/9/2022. (slt)
November 8, 2022 Opinion or Order Filing 30 MOTION for James P. McGlone to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4069571. by Kiersten Hening. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Declaration in Support)(Norris, Cameron)
November 4, 2022 Opinion or Order Filing 29 Brief / Memorandum in Support re #23 MOTION to Exclude Proposed Expert . filed by Charles Adair. (Attachments: #1 Exhibit A Maddux Report, #2 Exhibit B Maddux Deposition, #3 Exhibit C Lipscomb Schedule)(McClanahan, Marvin)
November 3, 2022 Opinion or Order Filing 28 NOTICE of Hearing on Motion #21 MOTION for Summary Judgment : (CR) (No Interpreter requested) Motion Hearing set for 12/2/2022 02:00 PM in Roanoke before Judge Thomas T. Cullen. NOTICE TO COUNSEL This hearing has been set for one hour. If you think the hearing will take longer than one hour please contact the Courtroom Deputy as soon as possible.(ck)
November 3, 2022 Opinion or Order Filing 27 ORAL ORDER. Plaintiff shall have until November 18, 2022 to file a response in opposition to Defendant's Motion for Summary Judgment. Defendant shall have until November 29, 2022 to file a reply in support of his Motion for Summary Judgment. Entered by Magistrate Judge Robert S. Ballou on 11/03/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(CH)
November 3, 2022 Opinion or Order Filing 26 Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 11/3/2022. (CH)
November 1, 2022 Opinion or Order Filing 25 ORAL ORDER granting #24 Motion for Extension of Time to File Memorandum in Support of Motion to Exclude. Defendant shall have until 11/04/2022 to file the memorandum. Entered by Magistrate Judge Robert S. Ballou on 11/01/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(CH)
October 28, 2022 Opinion or Order Filing 24 MOTION for Extension of Time to File Memorandum in Suport of Motion to Exclude by Charles Adair. Motions referred to Judge Robert S. Ballou. (McClanahan, Marvin)
October 28, 2022 Opinion or Order Filing 23 MOTION to Exclude Proposed Expert by Charles Adair. (McClanahan, Marvin) Modified on 12/1/2022 to remove referral language(ck).
October 28, 2022 Opinion or Order Filing 22 Brief / Memorandum in Support re #21 MOTION for Summary Judgment . filed by Charles Adair. (McClanahan, Marvin)
October 28, 2022 Opinion or Order Filing 21 MOTION for Summary Judgment by Charles Adair. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit D)(McClanahan, Marvin)
September 29, 2022 Opinion or Order Filing 20 NOTICE of Appearance by Mark Allen Gess on behalf of Charles Adair (Gess, Mark)
September 14, 2022 Opinion or Order Filing 19 Order Setting Settlement Conference Settlement Conference set for 11/21/2022 09:00 AM in via Zoom before Magistrate Judge Robert S. Ballou.. Signed by Magistrate Judge Robert S. Ballou on 9/14/2022. (Attachments: #1 Attachment A: Settlement Conference Preparation)(slt)
September 12, 2022 Opinion or Order Filing 18 Order Referring Case to the Honorable Robert S. Ballou, United States Magistrate Judge, to conduct mediation proceedings. Signed by Judge Thomas T. Cullen on 9/12/2022. (slt)
September 12, 2022 Opinion or Order Filing 17 Minute Entry for proceedings held before Judge Thomas T. Cullen: In Chamber Telephonic Status Conference held on 9/12/2022. (ck)
September 1, 2022 Opinion or Order Filing 16 NOTICE of Appearance by John Michael Connolly on behalf of Kiersten Hening (Connolly, John)
August 22, 2022 Opinion or Order Filing 15 AMENDED ANSWER to #7 Amended Complaint with JURY DEMAND by Charles Adair.(McClanahan, Marvin)
November 10, 2021 Opinion or Order Filing 14 AMENDED SCHEDULING ORDER. Signed by Judge Thomas T. Cullen on 11/10/2021. (ck)
November 10, 2021 Opinion or Order Filing 13 Notice Rescheduling Jury Trial set for 7/18/2022 - 7/20/2022 09:30 AM (CR) (No Interpreter requested) Jury Trial now set for 1/18/2023-1/20/2023 at 09:30 AM in Roanoke before Judge Thomas T. Cullen. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. Status Conference (N) set for 9/12/2022 09:30 AM in by telephone conference before Judge Thomas T. Cullen. (ck)
August 27, 2021 Opinion or Order Filing 12 ORAL ORDER: It is hereby ORDERED that this court's pretrial scheduling order (ECF No. #10 ) is AMENDED such that motions to exclude expert witnesses are no longer due 80 days before trial. The deadline for dispositive motions remains 80 days before trial. The parties must file all motions in limine (including motions to exclude expert witnesses) 28 days before trial, as outlined in this court's forthcoming trial order. Entered by Judge Thomas T. Cullen on 08/27/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ck)
August 3, 2021 Opinion or Order Filing 11 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (ck)
May 26, 2021 Opinion or Order Filing 10 SCHEDULING ORDER:Jury Trial set for 7/18/2022 - 7/20/2022 09:30 AM in Roanoke before Judge Thomas T. Cullen. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.). All nondispositive pretrial motions and issues are hereby referred to the Honorable Judge Robert S. Ballou, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(A).. Signed by Judge Thomas T. Cullen on 5/26/2021. (ams)
May 19, 2021 Opinion or Order Filing 9 ANSWER to #7 Amended Complaint with JURY DEMAND by Charles Chugger Adair.(McClanahan, Marvin)
May 11, 2021 Opinion or Order Filing 8 Oral ORDER TRANSFERRING CASE. Case transferred to Judge Thomas T. Cullen for all further proceedings. Senior Judge Glen E. Conrad no longer assigned to case. Entered by Chief Judge Michael F. Urbanski on 5/11/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ssm)
May 5, 2021 Opinion or Order Filing 7 AMENDED COMPLAINT against Charles Chugger Adair, filed by Kiersten Hening.(Norris, Cameron)
May 3, 2021 Opinion or Order Filing 6 ANSWER to Complaint #1 Complaint with JURY DEMAND by Charles Chugger Adair.(McClanahan, Marvin)
March 10, 2021 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by Kiersten Hening. Charles Chugger Adair waiver sent on 3/3/2021, answer due 5/3/2021.(Norris, Cameron)
March 6, 2021 Opinion or Order Filing 4 NOTICE of Appearance by Adam K. Mortara on behalf of Kiersten Hening (Mortara, Adam)
March 5, 2021 Opinion or Order Filing 3 ORDER granting #2 MOTION for Adam K. Mortara to Appear Pro Hac Vice. Signed by Senior Judge Glen E. Conrad on 3/5/2021. (ams)
March 4, 2021 Opinion or Order Filing 2 MOTION for Adam K. Mortara to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3644966. by Kiersten Hening. (Attachments: #1 Affidavit)(Norris, Cameron)
March 3, 2021 Opinion or Order Filing 1 COMPLAINT against Charles "Chugger" Adair (Filing & Administrative fee $ 402 AVAWDC-3642699), filed by Kiersten Hening. (Attachments: #1 Civil Cover Sheet)(ams)

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Plaintiff: Kiersten Hening
Represented By: Cameron Thomas Norris
Represented By: Jeffrey Matthew Harris
Represented By: Adam K. Mortara
Represented By: James Paul McGlone
Represented By: John Michael Connolly
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Defendant: Charles Chugger Adair
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Defendant: Charles Adair
Represented By: Kay Kurtz Heidbreder
Represented By: Mark Allen Gess
Represented By: Marvin Hudson McClanahan
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Defendant: Chugger Adair
Represented By: Kay Kurtz Heidbreder
Represented By: Mark Allen Gess
Represented By: Marvin Hudson McClanahan
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