Case Details

CourtEastern District of Virginia
Docket number4:11-cv-00045
Date case filed2011-03-04
Date case closed2012-04-24
Date of latest filing2012-06-11
Assigned toDistrict Judge Raymond A. Jackson
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Bobby Bland
Party type: Plaintiff
Attorney name: James Harrell Shoemaker , Jr.
Attorney Contact:
Patten Wornom Hatten & Diamonstein LC
12350 Jefferson Ave
Suite 300
Newport News, VA 23602
(757) 223-4500
Fax: (757) 223-4518
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jason Eric Messersmith
Attorney Contact:
Patten Wornom Hatten & Diamonstein LC
12350 Jefferson Ave
Suite 300
Newport News, VA 23602
(757) 223-4500
Fax: (757) 223-4518
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: William Vinton Hoyle , Jr.
Attorney Contact:
Hoyle & Associates
10401 Warwick Blvd
Newport News, VA 23601
(757) 596-1850
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Daniel Ray Carter, Jr.
Party type: Plaintiff
Attorney name: James Harrell Shoemaker , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jason Eric Messersmith
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: William Vinton Hoyle , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: David W. Dixon
Party type: Plaintiff
Attorney name: James Harrell Shoemaker , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jason Eric Messersmith
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: William Vinton Hoyle , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Robert W. McCoy
Party type: Plaintiff
Attorney name: James Harrell Shoemaker , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jason Eric Messersmith
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: William Vinton Hoyle , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: John C. Sandhofer
Party type: Plaintiff
Attorney name: James Harrell Shoemaker , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jason Eric Messersmith
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: William Vinton Hoyle , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Debra H. Woodward
Party type: Plaintiff
Attorney name: James Harrell Shoemaker , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jason Eric Messersmith
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: William Vinton Hoyle , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: B. J. Roberts
Party type: Defendant
individually and in his official capacity as Sheriff of the City of Hampton, Virginia
Attorney name: Jeff Wayne Rosen
Attorney Contact:
Pender & Coward PC
222 Central Park Ave
Virginia Beach, VA 23462-3027
(757) 490-3000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeffrey A. Hunn
Attorney Contact:
Pender & Coward PC
222 Central Park Ave
Suite 400
Virginia Beach, VA 23462
(757) 490-6298
Fax: (757) 456-2935
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-03-04 ComplaintCOMPLAINT against B. J. Roberts ( Filing fee $ 350, receipt number 44683002292), filed by Bobby Bland, Debra H. Woodward, Robert W. McCoy, David W. Dixon, John C. Sandhofer, Daniel Ray Carter, Jr. (Attachments: # 1 Civil Cover Sheet, # 2 cover letter, # 3 Receipt)(jcow, ) (Entered: 03/07/2011)
1.1 Civil Cover Sheet
1.2 cover letter
1.3 Receipt
22011-03-07 Summons IssuedSummons with one copy issued as to B. J. Roberts, magistrate judge notice with judge's instructions mailed to plaintiff's counsel for service. (Attachments: # 1 Supplement)(jcow, ) (Entered: 03/07/2011)
32011-03-28 Notice of AppearanceNOTICE of Appearance by Jeff Wayne Rosen on behalf of B. J. Roberts (Rosen, Jeff) (Entered: 03/28/2011)
42011-04-05 OrderAGREED ORDER that defendant's time to respond to the complaint be extended to 4/29/11. Signed by Magistrate Judge F. Bradford Stillman and filed on 4/5/11. (jcow, ) (Entered: 04/05/2011)
52011-04-06 Summons Returned ExecutedSUMMONS Returned Executed, B. J. Roberts served on 3/18/2011 (jcow, ) (Entered: 04/06/2011)
62011-04-19 Answer to ComplaintANSWER to 1 Complaint, Answer and Affirmative Defenses by B. J. Roberts.(Rosen, Jeff) (Entered: 04/19/2011)
72011-05-03 RULE 26(f) PRETRIAL ORDER: Rule 16(b)RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 6/8/2011 at 09:00 AM in Norfolk. Signed by Magistrate Judge F. Bradford Stillman and filed on 5/3/11. (jcow, ) (Entered: 05/03/2011)
82011-06-08 Order Rule 16(b) Scheduling OrderRule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference set for 1/20/2012 at 10:00 AM in Norfolk. Jury Trial set for 1/31/2012 at 10:00 AM in Newport News. Signed by District Judge Raymond A. Jackson and filed on 6/8/11. (jcow, ) (Entered: 06/09/2011)
92011-08-24 Notice of AppearanceNOTICE of Appearance by Jeffrey A. Hunn on behalf of B. J. Roberts (Hunn, Jeffrey) (Entered: 08/24/2011)
102011-09-07 Motion to CompelMOTION to Compel Discovery by B. J. Roberts. (Rosen, Jeff) (Entered: 09/07/2011)
112011-09-07 Memorandum in SupportMemorandum in Support re 10 MOTION to Compel Discovery filed by B. J. Roberts. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rosen, Jeff) (Entered: 09/07/2011)
122011-09-07 Waiver ofWaiver of re 10 MOTION to Compel Discovery Notice of by B. J. Roberts. (Rosen, Jeff) (Entered: 09/07/2011)
132011-09-21 Memorandum in OppositionMemorandum in Opposition re 10 MOTION to Compel Discovery filed by Bobby Bland, Daniel Ray Carter, Jr, David W. Dixon, Robert W. McCoy, John C. Sandhofer, Debra H. Woodward. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Shoemaker, James) (Entered: 09/21/2011)
142011-10-14 Motion to QuashMOTION to Quash Subpoena by B. J. Roberts. (Rosen, Jeff) (Entered: 10/14/2011)
152011-10-14 Memorandum in SupportMemorandum in Support re 14 MOTION to Quash Subpoena filed by B. J. Roberts. (Attachments: # 1 Exhibit A)(Rosen, Jeff) (Entered: 10/14/2011)
162011-10-14 Order on Motion to CompelAGREED ORDER granting 10 Motion to Compel discovery; Plaintiffs are required to respond to Defendant's First Interrogatories and Requests for Production of Documents on or before October 3, 2011. Signed by Magistrate Judge F. Bradford Stillman and filed on 10/14/11. (jcow, ) (Entered: 10/14/2011)
172011-10-28 Memorandum in OppositionMemorandum in Opposition re 14 MOTION to Quash Subpoena filed by Bobby Bland, Daniel Ray Carter, Jr, David W. Dixon, Robert W. McCoy, John C. Sandhofer, Debra H. Woodward. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Shoemaker, James) (Entered: 10/28/2011)
182011-11-04 Motion to Amend/CorrectMOTION to Amend/Correct 6 Answer to Complaint by B. J. Roberts. (Attachments: # 1 Exhibit A)(Rosen, Jeff) (Entered: 11/04/2011)
192011-11-04 Memorandum in SupportMemorandum in Support re 18 MOTION to Amend/Correct 6 Answer to Complaint filed by B. J. Roberts. (Attachments: # 1 Exhibit A)(Rosen, Jeff) (Entered: 11/04/2011)
202011-11-10 Request for HearingRequest for Hearing by B. J. Roberts re 18 MOTION to Amend/Correct 6 Answer to Complaint (Rosen, Jeff) (Entered: 11/10/2011)
212011-11-17 Order on Motion to QuashORDER denying 14 Motion to Quash; The City of Hampton shall serve any objection pursuant to Rule 45(c)(2)(B) of the Federal Rules of Civil Procedure within seven days of the date of this Order. The City of Hampton shall produce and permit inspection and copying of responsive materials, subject to any objection asserted pursuant to Rule 45(c)(2)(B), within eleven days of thedate of this Order, at the place designated on the face of the subpoena. Signed by Magistrate Judge F. Bradford Stillman and filed on 11/17/11. Copy mailed as directed on 11/17/11. (jcow, ) (Entered: 11/17/2011)
222011-11-18 Memorandum in OppositionMemorandum in Opposition re 18 MOTION to Amend/Correct 6 Answer to Complaint filed by Bobby Bland, Daniel Ray Carter, Jr, David W. Dixon, Robert W. McCoy, John C. Sandhofer, Debra H. Woodward. (Shoemaker, James) (Entered: 11/18/2011)
232011-11-21 ReplyReply to 22 Memorandum in Opposition Reply to Plaintiff's Opposition to Motion for Leave to Amend Answer and Affirmative Defenses filed by B. J. Roberts. (Rosen, Jeff) (Entered: 11/21/2011)
242011-12-06 Order on Motion to Amend/CorrectORDER granting 18 Motion to Amend answer; the Clerk is DIRECTED to filethe defendant's Amended Answer and Affirmative Defenses, a signed copy of which is attached as Exhibit 1 to the defendant's motion (ECF No. 18 attach. 1). The plaintiffs are GRANTED leave to conduct additional discovery, limited in scope to the defendant's qualified immunity defense (see order for specific dates).. Signed by Magistrate Judge F. Bradford Stillman and filed on 12/6/11. (jcow, ) (Entered: 12/06/2011)
252011-12-06 Answer to ComplaintAMENDED ANSWER to 1 Complaint, by B. J. Roberts, filed per order of 12/6/11.(jcow, ) (Entered: 12/06/2011)
262011-12-09 Motion for Summary JudgmentMOTION for Summary Judgment by B. J. Roberts. (Rosen, Jeff) (Entered: 12/09/2011)
272011-12-09 Memorandum in SupportMemorandum in Support re 26 MOTION for Summary Judgment filed by B. J. Roberts. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Rosen, Jeff) (Entered: 12/09/2011)
27.1 Exhibit 1
27.2 Exhibit 2
27.3 Exhibit 3
27.4 Exhibit 4
27.5 Exhibit 5
27.6 Exhibit 6
27.7 Exhibit 7
27.8 Exhibit 8
27.9 Exhibit 9
27.10 Exhibit 10
27.11 Exhibit 11
27.12 Exhibit 12
27.13 Exhibit 13
27.14 Exhibit 14
27.15 Exhibit 15
27.16 Exhibit 16
27.17 Exhibit 17
27.18 Exhibit 18
27.19 Exhibit 19
27.20 Exhibit 20
282011-12-09 Request for HearingRequest for Hearing by B. J. Roberts re 26 MOTION for Summary Judgment (Rosen, Jeff) (Entered: 12/09/2011)
292011-12-23 Memorandum in OppositionMemorandum in Opposition re 26 MOTION for Summary Judgment filed by Bobby Bland, Daniel Ray Carter, Jr, David W. Dixon, Robert W. McCoy, John C. Sandhofer, Debra H. Woodward. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30)(Shoemaker, James) (Entered: 12/24/2011)
29.1
29.2
29.3
29.4
29.5
29.6
29.7
29.8
29.9
29.10
29.11
29.12
29.13
29.14
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29.17
29.18
29.19
29.20
29.21
29.22
29.23
29.24
29.25
29.26
29.27
29.28
29.29
29.30
302011-12-29 Reply to Response to MotionREPLY to Response to Motion re 26 MOTION for Summary Judgment filed by B. J. Roberts. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rosen, Jeff) (Entered: 12/29/2011)
30.1
30.2
30.3
30.4
30.5
30.6
312012-01-03 OrderORDER that this matter has been referred to me for a settlement conference set for 1/13/12. Ordering that the parties are to submit to my office by 1/11/12 at noon, a brief memorandum setting forth your position regarding settlement. The parties and their lead counsel are required to appear at the settlement conference. Each party must bring a person with full settlement authority to the conference. If ex parte or other confidential discussions occur during the settlement conference, I will not conduct any other hearing or make any further decisions in this case after beginning the settlement conference nor will I disclose the information I receive in the conference to anyone without the permission of the party providing the information. The discussions occurring in the settlement conference may not be used by or against any party. Signed by Magistrate Judge F. Bradford Stillman and filed on 1/3/12. (jcow, ) (Entered: 01/03/2012)
322012-01-12 Motion in LimineMOTION in Limine Defendant's Motion In Limine by B. J. Roberts. (Rosen, Jeff) (Entered: 01/12/2012)
332012-01-12 Memorandum in SupportMemorandum in Support re 32 MOTION in Limine Defendant's Motion In Limine Memorandum of Law in Support of Defendant's Motion in Limine to Exclude Irrelevant and Potentially Prejudicial Evidence filed by B. J. Roberts. (Rosen, Jeff) (Entered: 01/12/2012)
342012-01-12 Request for HearingRequest for Hearing by B. J. Roberts re 32 MOTION in Limine Defendant's Motion In Limine (Rosen, Jeff) (Entered: 01/12/2012)
352012-01-12 Motion in LimineMOTION in Limine to Exclude Evidence of Speculative Damages by B. J. Roberts. (Rosen, Jeff) (Entered: 01/12/2012)
362012-01-12 Memorandum in SupportMemorandum in Support re 35 MOTION in Limine to Exclude Evidence of Speculative Damages filed by B. J. Roberts. (Rosen, Jeff) (Entered: 01/12/2012)
372012-01-12 Request for HearingRequest for Hearing by B. J. Roberts re 35 MOTION in Limine to Exclude Evidence of Speculative Damages (Rosen, Jeff) (Entered: 01/12/2012)
382012-01-19 OrderORDER - the Clerk is DIRECTED to assign any matters which arise in this case to an alternate United States Magistrate Judge. Signed by Magistrate Judge F. Bradford Stillman and filed on 1/19/12. (jcow, ) (Entered: 01/19/2012)
392012-01-20 Pretrial OrderFINAL PRETRIAL ORDER entered in the presence of counsel. Signed by Magistrate Judge Tommy E. Miller and filed on 1/20/12. (jcow, ) (Entered: 01/20/2012)
402012-01-23 Order on Motion for Summary JudgmentORDER granting 26 Motion for Summary Judgment. A Memorandum Opinion and Order that expiates the Court's Order shall be issued forthwith. Plaintiffs are advised that the Court's order shall not be ripe for appeal until the Memorandum Opinion and Order is issued. Signed by District Judge Raymond A. Jackson and filed on 1/23/2012. (bnew) (Entered: 01/24/2012)
412012-04-24 Memorandum OpinionMEMORANDUM OPINION AND ORDER - it is ORDERED that Defendant's Motion for Summary Judgment is GRANTED. Plaintiffs' claims are hereby DISMISSED. Signed by District Judge Raymond A. Jackson and filed on 4/24/12. (jcow, ) (Entered: 04/24/2012)
422012-04-24 Clerk's JudgmentCLERK'S JUDGMENT on decision of the court that the Defendant's Motion forSummary Judgment is GRANTED, and Plaintiffs' claim are hereby DISMISSED, entered by the Clerk and filed on 4/24/12. (jcow, ) (Entered: 04/24/2012)
432012-04-26 Bill of CostsBILL OF COSTS by B. J. Roberts. (Attachments: # 1 Exhibit A)(Rosen, Jeff) (Entered: 04/26/2012)
43.1 Exhibit A
442012-05-22 Notice of AppealNOTICE OF APPEAL as to 41 Memorandum Opinion by Bobby Bland, Daniel Ray Carter, Jr, David W. Dixon, Robert W. McCoy, John C. Sandhofer, Debra H. Woodward. Filing fee $ 455, receipt number 0422-3048021. (Shoemaker, James) (Entered: 05/22/2012)
452012-05-22 Transmission of Notice of Appeal to 4CCATransmission of Notice of Appeal to US Court of Appeals re 44 Notice of Appeal. (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Attachments: # 1 notice of appeal)(jcow, ) (Entered: 05/22/2012)
462012-05-23 USCA Case NumberUSCA Case Number 12-1671 USCA 4th Circuit; case manager: Barbara Rowe; for 44 Notice of Appeal filed by Debra H. Woodward, Bobby Bland, John C. Sandhofer, Robert W. McCoy, David W. Dixon, Daniel Ray Carter, Jr.. (jcow, ) (Entered: 05/23/2012)
472012-06-11 NOTICENOTICE of Taxing Costs re 43 Bill of Costs by B.J. Roberts. (ptom) (Entered: 06/11/2012)
482012-06-29 Costs Taxed in amount of $ $5,077.25 against the Plaintiffs. (ptom) (Entered: 06/29/2012)