Beach v. City of Roanoke et al
Plaintiff: Michael Beach
Defendant: Carilion Police Department, Sgt. William Hodges, City of Roanoke, Police Officer #1 D.B. Moore, Carilion Roanoke Memorial Hospital, Police Officer # 2, Treating Nurse #1 and Roanoke City Police Department
Case Number: 7:2021cv00326
Filed: May 24, 2021
Court: US District Court for the Western District of Virginia
Presiding Judge: Robert S Ballou
Referring Judge: Thomas T Cullen
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2021 Filing 42 MOTION to Strike #41 Response in Opposition to Motion /Motion to Strike Plaintiff's Second Response Memorandum by Carilion Police Department. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Policano, Regina)
July 26, 2021 Filing 41 Second RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Carilion Police Department. filed by Michael Beach. (Attachments: #1 Exhibit Carilion Memo of Understanding)(Boyer, Richard)
July 26, 2021 Filing 40 NOTICE of Hearing on Motion #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #17 MOTION to Dismiss , #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (CR) (No Interpreter requested) Motion Hearing set for 9/10/2021 02:00 PM in Roanoke, Courtroom 2, before Judge Thomas T. Cullen. (ck)
July 20, 2021 Filing 39 Rule 26(f) Agreed Written Plan by Defendant Carilion Police Department (Policano, Regina)
July 19, 2021 Filing 38 Joint Brief / Memorandum in Support re #37 Joint MOTION for Protective Order by Defendants . filed by Carilion Police Department. (Attachments: #1 Text of Proposed Order Specific Protective Order, #2 Text of Proposed Order General Protective Order)(Policano, Regina)
July 19, 2021 Filing 37 Joint MOTION for Protective Order by Defendants by Carilion Police Department. Motions referred to Judge Robert S. Ballou. (Policano, Regina)
July 19, 2021 Filing 36 STATUS REPORT Plaintiff's Initial Disclosures by Michael Beach (Boyer, Richard)
July 14, 2021 Opinion or Order Filing 35 CONSENT ORDER granting #28 joint Motion to modify Scheduling Order #27 . Signed by Magistrate Judge Robert S. Ballou on 7/14/2021. (sln) Modified on 7/15/2021 to correct date filed (sln).
July 12, 2021 Filing 34 REPLY to Response to Motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Carilion Police Department. (Policano, Regina)
July 12, 2021 Filing 33 REPLY to Response to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by William Hodges. (Cooley, John)
July 3, 2021 Filing 32 Brief / Memorandum in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by William Hodges. filed by Michael Beach. (Boyer, Richard)
July 3, 2021 Filing 31 Brief / Memorandum in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Carilion Police Department. filed by Michael Beach. (Boyer, Richard)
July 3, 2021 Filing 30 Brief / Memorandum in Opposition re #17 MOTION to Dismiss by Carilion Clinic. filed by Michael Beach. (Boyer, Richard)
July 3, 2021 Filing 29 Brief / Memorandum in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM By City of Roanoke. filed by Michael Beach. (Boyer, Richard)
July 2, 2021 Filing 28 Joint MOTION Joint Motion to Modify Scheduling Order re #27 Scheduling Order,,, Case Referred to Magistrate Judge,, by Carilion Police Department. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Policano, Regina)
June 24, 2021 Opinion or Order Filing 27 SCHEDULING ORDER: Status Conference set for 5/2/2022 02:30 PM in Roanoke before Judge Thomas T. Cullen., Jury Trial set for 8/29/2022-9/2/2022 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 6/24/2021. (ams)
June 24, 2021 Filing 26 NOTICE by Carilion Roanoke Memorial Hospital, Treating Nurse #1 re #25 , #23 , #24 , #21 , #22 of Filing in Error (Kelly, Patrick)
June 24, 2021 Filing 25 Subpoena issued to Novant Health, filed by Carilion Police Department, Carilion Roanoke Memorial Hospital.(Kelly, Patrick)
June 24, 2021 Filing 24 Subpoena issued to HCA Lewis Gale ER Cave Spring, filed by Carilion Police Department, Carilion Roanoke Memorial Hospital.(Kelly, Patrick)
June 24, 2021 Filing 23 Subpoena issued to Catawba Hospital, filed by Carilion Police Department, Carilion Roanoke Memorial Hospital.(Kelly, Patrick)
June 24, 2021 Filing 22 Subpoena issued to Bradley Free Clinic, filed by Carilion Police Department, Carilion Roanoke Memorial Hospital.(Kelly, Patrick)
June 24, 2021 Filing 21 Subpoena issued to Blue Ridge Behavioral Health, filed by Carilion Police Department, Carilion Roanoke Memorial Hospital.(Kelly, Patrick) Modified on 6/24/2021, Corrected "Issue to" text per Melissa of Attorney's office (sln).
June 18, 2021 Filing 20 Brief / Memorandum in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by City of Roanoke, Police Officer # 2, Police Officer #1 D.B. Moore, Roanoke City Police Department. (Attachments: #1 Exhibit Use of Force Analysis)(Barber, Douglas)
June 18, 2021 Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Roanoke, Police Officer # 2, Police Officer #1 D.B. Moore, Roanoke City Police Department. (Barber, Douglas)
June 18, 2021 Filing 18 Brief / Memorandum in Support re #17 MOTION to Dismiss . filed by Carilion Roanoke Memorial Hospital, Treating Nurse #1. (Kelly, Patrick)
June 18, 2021 Filing 17 MOTION to Dismiss by Carilion Roanoke Memorial Hospital, Treating Nurse #1. (Kelly, Patrick)
June 18, 2021 Filing 16 Memorandum of Law in support of the Motion to Dismiss by William Hodges. (Cooley, John) Modified on 6/21/2021 to correct docket event used.(ams).
June 18, 2021 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by William Hodges. (Cooley, John)
June 18, 2021 Filing 14 Brief / Memorandum in Support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Carilion Police Department. (Policano, Regina)
June 18, 2021 Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Carilion Police Department. (Policano, Regina)
June 10, 2021 Filing 12 NOTICE of Appearance by Timothy R. Spencer on behalf of City of Roanoke, Police Officer # 2, Police Officer #1 D.B. Moore, Roanoke City Police Department (Spencer, Timothy)
June 9, 2021 James Denver Fairchild, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with this court. (ck)
June 8, 2021 Filing 11 Certified State Court Records received electronically from Circuit Court for the City of Roanoke, CL21001149-00 (ams)
June 4, 2021 Filing 10 AMENDED COMPLAINT against All Defendants, filed by Michael Beach. (Attachments: #1 First Amended Complaint)(Boyer, Richard)
May 25, 2021 Filing 9 Joinder in and consent to ANSWER to Complaint (Notice of Removal) by City of Roanoke, Police Officer # 2, Police Officer #1 D.B. Moore, Roanoke City Police Department. (Barber, Douglas)
May 25, 2021 Opinion or Order Filing 8 Order Requesting Transmittal of Case File from Circuit Court for the City of Roanoke. Signed by Judge Thomas T. Cullen on 05/25/2021. (ams)
May 25, 2021 Filing 7 Joinder In and Consent to ANSWER to Complaint (Notice of Removal) by Carilion Roanoke Memorial Hospital, Treating Nurse #1 (Kelly, Patrick) Modified on 5/26/2021 to correct docket text/event used(ams).
May 25, 2021 Filing 6 Positive Corporate Disclosure Statement by Carilion Roanoke Memorial Hospital identifying Corporate Parent Carilion Clinic for Carilion Roanoke Memorial Hospital. (Kelly, Patrick) (Main Document 6 replaced on 5/26/2021) (ams). Replaced deficient/incorrect pdf document with corrected pdf document Modified on 5/26/2021 (ams).
May 25, 2021 Filing 5 Joinder In and Consent to ANSWER to Complaint (Notice of Removal) by Carilion Roanoke Memorial Hospital, Treating Nurse #1. (Kelly, Patrick)
May 25, 2021 Filing 4 Negative Corporate Disclosure Statement by Carilion Police Department, Hodges Sgt. William (Midkiff, Charles)
May 25, 2021 Filing 3 Notice of Filing Requirement to Carilion Police Department - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (ams)
May 25, 2021 Filing 2 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (ams)
May 24, 2021 Filing 1 NOTICE OF REMOVAL from Circuit Court for the City of Roanoke, case number CL21001149-00. (Filing & Administrative fee $ 402 receipt number AVAWDC-3708217), filed by Carilion Police Department, Sgt. William Hodges. (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: Demurrer Carilion Police Dept, #3 Exhibit C: Demurrer Sgt. William Hodges, #4 Exhibit D: State Court Demurrer City of Roanoke, #5 Exhibit E: State Court Demurrer Carilion Hospital, #6 Civil Cover Sheet)(ams)

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Search for this case: Beach v. City of Roanoke et al
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Defendant: Carilion Police Department
Represented By: Michael Richard Spitzer, II
Represented By: Regina Maria Policano
Represented By: Charles Franklin Midkiff
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Defendant: Sgt. William Hodges
Represented By: John Lester Cooley, Jr.
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Defendant: City of Roanoke
Represented By: Douglas Paul Barber, Jr.
Represented By: Timothy R. Spencer
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Defendant: Police Officer #1 D.B. Moore
Represented By: Douglas Paul Barber, Jr.
Represented By: Timothy R. Spencer
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Defendant: Carilion Roanoke Memorial Hospital
Represented By: Patrick Ryan Kelly
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Defendant: Police Officer # 2
Represented By: Douglas Paul Barber, Jr.
Represented By: Timothy R. Spencer
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Defendant: Treating Nurse #1
Represented By: Patrick Ryan Kelly
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Defendant: Roanoke City Police Department
Represented By: Douglas Paul Barber, Jr.
Represented By: Timothy R. Spencer
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Plaintiff: Michael Beach
Represented By: James Denver Fairchild
Represented By: Richard Dean Boyer
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