Case Details

CourtEastern District of Virginia
Docket number4:16-cv-00179
Date case filed2016-12-07
Date case closed
Date of latest filing2017-03-04
Assigned toDistrict Judge Henry C. Morgan, Jr
Case cause28:1332 Diversity-Notice of Removal
Nature of suit360 P.I.: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: John M. Pitman, III
Party type: Plaintiff
Attorney name: Aaron Balla Houchens
Attorney Contact:
Stanley & Houchens LLC
13508 Booker T Washington Highway
Moneta, VA 24121
(540) 721-6028
Fax: (540) 721-6405
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David Barnes Holt
Attorney Contact:
Joseph Smith LTD
2100 Kecoughtan Rd
Hampton, VA 23661
(757) 244-7000
Fax: (757) 245-7740
Email: [email protected]
TERMINATED: 08/03/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Seth Daniel Scott
Attorney Contact:
Stanley & Houchens LLC
13508 Booker T Washington Highway
Moneta, VA 24121
(540) 721-6028
Fax: (540) 721-6405
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Stephen Mark Smith
Attorney Contact:
Brain Injury Law Center
2100 Kecoughtan Rd
PO Box 1437
Hampton, VA 23661-0437
757-244-7000
Fax: 757-245-7740
Email: [email protected]
TERMINATED: 08/03/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Peninsula Plastic Surgery Center, Ltd
Party type: Plaintiff
Attorney name: Aaron Balla Houchens
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David Barnes Holt
Attorney Contact:
(See above for address)
TERMINATED: 08/03/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Seth Daniel Scott
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Stephen Mark Smith
Attorney Contact:
(See above for address)
TERMINATED: 08/03/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Xcentric Ventures, LLC
Party type: Defendant
Attorney name: David Alan Warrington
Attorney Contact:
LeClair Ryan PC (Alexandria)
2318 Mill Road
Suite 1100
Alexandria, VA 22314
703-684-8007
Fax: 703-684-8075
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Henrik Jonathan Redway
Attorney Contact:
Dickinson Wright PLLC
1875 Eye Street NW
Suite 1200
Washington, DC 20006-5420
(202) 457-0160
Fax: (202) 659-1559
Email: [email protected]
TERMINATED: 01/05/2017

Attorney name: Nicole Michelle Meyer
Attorney Contact:
Dickinson Wright PLLC
1875 Eye Street NW
Suite 900
Washington, DC 20006
(202) 457-0160
Fax: (844) 670-6009
Email: [email protected]
TERMINATED: 01/05/2017

Attorney name: Shalin Rakesh Sood
Attorney Contact:
LeClair Ryan PC (Alexandria)
2318 Mill Road
Suite 1100
Alexandria, VA 22314
703-647-5957
Fax: 703-647-5924
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Edward Magedson
Party type: Defendant
Attorney name: David Alan Warrington
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Shalin Rakesh Sood
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Darren M. Meade
Party type: Defendant
Default Noted 8/4/17
Party: Tracey A. Richter
Party type: Defendant
Attorney name: Jesse R. Binnall
Attorney Contact:
Harvey & Binnall PLLC
717 King Street
Suite 300
Alexandria, VA 22314
703-888-1943
Fax: 703-888-1930
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Louise Tavey Gitcheva
Attorney Contact:
Harvey & Binnall PLLC
717 King Street
Suite 300
Alexandria, VA 22314
703-888-1943
Fax: 703-888-1930
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Anna Richter
Party type: Defendant
Attorney name: Jesse R. Binnall
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas Kent Norment , Jr.
Attorney Contact:
Kaufman & Canoles
4801 Courthouse St
PO Box 6000
Williamsburg, VA 23188
(757) 259-3800
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Louise Tavey Gitcheva
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Bert Pitman
Party type: Defendant
also known asBert Richter
Attorney name: Jesse R. Binnall
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas Kent Norment , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Louise Tavey Gitcheva
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-12-07 Notice of RemovalNOTICE OF REMOVAL from Williamsburg/James City County Circuit Court, case number CL16001780-00 ( Filing fee $ 400, receipt number 0422-5282613.), filed by Xcentric Ventures, LLC. (Attachments: # 1 Exhibit A Complaint, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(epri) (Entered: 12/08/2016)
22016-12-07 Financial Disclosure StatementFinancial Interest Disclosure Statement (Local Rule 7.1) by Xcentric Ventures, LLC. (epri) (Entered: 12/08/2016)
32016-12-07 Magistrate Judge Notice and Judge's Information to counselMagistrate Judge Notice and Judge's Information to counsel. (epri) (Entered: 12/08/2016)
42016-12-14 Answer to ComplaintANSWER to Complaint by Xcentric Ventures, LLC.(Redway, Henrik) (Entered: 12/14/2016)
52016-12-15 Answer to ComplaintANSWER to Complaint by Xcentric Ventures, LLC.(Redway, Henrik) Modified on 12/15/2016 to remove the word "Amended" from the docket text as discussed with the filing user. Doc. 5 replaces the original answer filed - Doc. 4 - per the clerk's Notice of Correction (see above) concerning the party names and the Certificate of Service. The refiled Answer is the exact same as far as content, as advised by the filing user. The clerk is removing Doc. 4 from the docket sheet now that the answer (correcting parties and certificate of service) has been electronically filed. (ecav) (Entered: 12/15/2016)
62016-12-19 NOTICENOTICE by Xcentric Ventures, LLC re 1 Notice of Removal, Filing Receipt from the Williamsburg/James City County Circuit Court (Redway, Henrik) (Entered: 12/19/2016)
72016-12-19 Motion to Remand to State CourtMOTION to Remand to State Court by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 12/19/2016)
82016-12-19 Memorandum in SupportMemorandum in Support re 7 MOTION to Remand to State Court filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 12/19/2016)
92016-12-19 Financial Disclosure StatementFinancial Interest Disclosure Statement (Local Rule 7.1) by Peninsula Plastic Surgery Center, Ltd. (Houchens, Aaron) (Entered: 12/19/2016)
102016-12-19 Motion to StrikeMOTION to Strike Affidavit of of Edward Magedson by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 12/19/2016)
112016-12-19 Memorandum in SupportMemorandum in Support re 10 MOTION to Strike Affidavit of of Edward Magedson filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 12/19/2016)
122016-12-22 Notice of AppearanceNOTICE of Appearance by David Barnes Holt on behalf of Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III (Holt, David) (Entered: 12/22/2016)
132016-12-27 Status ReportSTATUS REPORT by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Houchens, Aaron) (Entered: 12/27/2016)
142016-12-28 Proposed SummonsProposed Summons for Darren M. Meade by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 12/28/2016)
152016-12-29 Motion to Substitute AttorneyConsent MOTION to Substitute Attorney by Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David) (Entered: 12/29/2016)
162016-12-29 Motion for Extension of Time to File Response/ReplyMOTION for Extension of Time to File Response/Reply as to 7 MOTION to Remand to State Court , 10 MOTION to Strike Affidavit of of Edward Magedson by Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David) (Entered: 12/29/2016)
172016-12-30 Summons IssuedSummons Issued as to Darren M. Meade. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Civil Motions Procedures)(epri) (Entered: 12/30/2016)
182017-01-03 Motion to Substitute AttorneyMOTION to Substitute Attorney by Xcentric Ventures, LLC. (Attachments: # 1 Agreed Order of Substitution)(Redway, Henrik) (Entered: 01/03/2017)
192017-01-03 Notice of AppearanceNOTICE of Appearance by David Alan Warrington on behalf of Xcentric Ventures, LLC (Warrington, David) (Entered: 01/03/2017)
202017-01-03 Response to MotionRESPONSE to Motion re 7 MOTION to Remand to State Court , 10 MOTION to Strike Affidavit of of Edward Magedson filed by Xcentric Ventures, LLC. (Warrington, David) (Entered: 01/03/2017)
212017-01-05 Order on Motion to Substitute AttorneyORDER, AGREED,OF SUBSTITUTION, entered and filed 1/5/17 GRANTING Defendant XCentric's 18 Motion for Substitution. It is ORDERED, ADJUDGED and DECREED that: (1) XCentric's Motion for Substitution is granted; (2) David A. Warrington, Esquire and the law firm of LeClairRyan, a Professional Corporation are hereby substituted in the place of H. Jonathan Redway, Esquire, Nicole M. Meyer, Esquire and the law firm of Dickinson Wright PLLC as counsel for XCentric in this matter; and (3) H. Jonathan Redway, Esquire, Nicole M. Meyer, Esquire and the law firm of Dickinson Wright PLLC are granted leave to withdraw as counsel from this matter. (Signed by District Judge Henry C. Morgan, Jr. on 1/5/17). Copies provided 1/5/17. (Attorney Nicole Michelle Meyer and Henrik Jonathan Redway terminated). (ecav, ) (Entered: 01/05/2017)
222017-01-08 Memorandum in SupportReply Memorandum in Support re 7 MOTION to Remand to State Court , 10 MOTION to Strike Affidavit of of Edward Magedson filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Proposed Order Order to Remand)(Houchens, Aaron) (Entered: 01/08/2017)
22.1 Proposed Order Order to Remand
232017-01-12 Waiver ofWAIVER OF SERVICE Returned Executed by John M. Pitman, III, Peninsula Plastic Surgery Center, Ltd. as to Edward Magedson waiver sent on 12/30/2016. (Entered: 01/12/2017)
242017-02-07 Request Entry of DefaultRequest for Entry of Default as to Defendants Anna Richter and Bert Pitman by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Affidavit In Support of Entry of Default)(Houchens, Aaron) (Entered: 02/07/2017)
252017-02-07 Clerk's Entry of DefaultClerk's ENTRY OF DEFAULT as to Bert Pitman, Anna Richter, as requested by Plaintiffs Peninsula Plastic Surgery Center, Ltd. and John M. Pitman, III's 24 Request for Entry of Default. (ecav, ) (Entered: 02/07/2017)
262017-02-07 Notice of AppearanceNOTICE of Appearance by Jesse R. Binnall on behalf of Bert Pitman, Anna Richter, Tracey A. Richter (Binnall, Jesse) (Entered: 02/07/2017)
272017-02-07 Notice of AppearanceNOTICE of Appearance by Louise Tavey Gitcheva on behalf of Bert Pitman, Anna Richter, Tracey A. Richter (Gitcheva, Louise) (Entered: 02/07/2017)
282017-02-08 Motion to Set Aside DefaultMOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings by Bert Pitman, Anna Richter. (Gitcheva, Louise) (Entered: 02/08/2017)
292017-02-08 Brief in SupportBrief in Support to 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings filed by Bert Pitman, Anna Richter. (Gitcheva, Louise) (Entered: 02/08/2017)
302017-02-16 Motion for ExtensionMOTION for Extension Time to File Responsive Pleadings by Tracey A. Richter. (Attachments: # 1 Order)(Gitcheva, Louise) (Entered: 02/16/2017)
312017-02-16 Memorandum in SupportMemorandum in Support re 30 MOTION for Extension Time to File Responsive Pleadings filed by Tracey A. Richter. (Attachments: # 1 Exhibit, # 2 Exhibit)(Gitcheva, Louise) (Entered: 02/16/2017)
322017-02-16 Request for HearingRequest for Hearing by Bert Pitman, Anna Richter re 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings, 29 Brief in Support (Gitcheva, Louise) (Entered: 02/16/2017)
332017-02-16 NOTICENOTICE by Tracey A. Richter re 31 Memorandum in Support, 30 MOTION for Extension Time to File Responsive Pleadings (Gitcheva, Louise) (Entered: 02/16/2017)
342017-02-20 Status ReportSTATUS REPORT by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Exhibit A)(Houchens, Aaron) (Entered: 02/20/2017)
352017-02-21 Status ReportSTATUS REPORT Defendants Edward Magedson, Xcentric Ventures, LLC, Bert Pitman, Anna Richter and Tracey Richter Joint Status Report by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 02/21/2017)
362017-02-21 Memorandum in OppositionMemorandum in Opposition re 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Houchens, Aaron) (Entered: 02/21/2017)
372017-02-28 Motion to Dismiss/Lack of JurisdictionMOTION to Dismiss for Lack of Jurisdiction Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 02/28/2017)
382017-02-28 Memorandum in SupportMemorandum in Support re 37 MOTION to Dismiss for Lack of Jurisdiction Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction filed by Edward Magedson, Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David) (Entered: 02/28/2017)
38.1 Proposed Order
392017-02-28 Motion to Dismiss for Failure to State a ClaimMOTION to Dismiss for Failure to State a Claim Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 02/28/2017)
402017-02-28 Memorandum in SupportMemorandum in Support re 39 MOTION to Dismiss for Failure to State a Claim Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim filed by Edward Magedson, Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David) (Entered: 02/28/2017)
40.1 Proposed Order
412017-03-02 OrderORDER entered and filed 3/2/17: Pursuant to Federal Rule of Civil Procedure 42(a), the Court hereby consolidates the above-captioned cases with Civil Action No. 4:16cvl79 as they involve similar allegations and common questions of law and fact. The Clerk of Court is hereby ORDERED to consolidate case number 4:17cvl2 with Civil Action No. 4:16cvl79 as the lead case for the purpose of allproceedings. (Signed by District Judge Henry C. Morgan, Jr. on 3/2/17). Copies provided as directed 3/3/17.(ecav, ) (Entered: 03/03/2017)
422017-03-04 Motion to Remand to State CourtSecond MOTION to Remand to State Court by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 03/04/2017)
432017-03-04 Brief in SupportBrief in Support to 42 Second MOTION to Remand to State Court filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 03/04/2017)
442017-03-04 Financial Disclosure StatementFinancial Interest Disclosure Statement (Local Rule 7.1) by Peninsula Plastic Surgery Center, Ltd. (Houchens, Aaron) (Entered: 03/04/2017)
452017-03-13 REPLY to Response to Motion re 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings filed by Bert Pitman, Anna Richter. (Gitcheva, Louise) (Entered: 03/13/2017)
462017-03-13 MOTION for Extension of Time to File Response/Reply as to 45 Reply to Response to Motion by Bert Pitman, Anna Richter. (Gitcheva, Louise) (Entered: 03/13/2017)
472017-03-14 Memorandum in Opposition re 37 MOTION to Dismiss for Lack of Jurisdiction Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 03/14/2017)
482017-03-14 Opposition to Motions to Dismiss filed by Defendant Tracey Richter as to MEMBER CASE 4:17cv00012 filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) Modified on 3/15/2017 to update docket text as to Doc. 48 being in opposition to Motions 10, 11 and 12 that were previously filed in the member case and not in this lead case. The clerk will regenerate a NEF to all parties as notification of this updated docket text (ecav, ). (Entered: 03/14/2017)
492017-03-14 Memorandum in Opposition re 39 MOTION to Dismiss for Failure to State a Claim Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 03/14/2017)
502017-03-15 Memorandum in Opposition re 46 MOTION for Extension of Time to File Response/Reply as to 45 Reply to Response to Motion filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 03/15/2017)
512017-03-16 Memorandum in Opposition re 42 Second MOTION to Remand to State Court filed by Bert Pitman, Anna Richter. (Gitcheva, Louise) (Entered: 03/16/2017)
522017-03-17 Memorandum in Opposition re 42 Second MOTION to Remand to State Court filed by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 03/17/2017)
532017-03-20 Reply filed by Tracey A. Richter to 48 Opposition (filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III.) to Motions to Dismiss ECF 10, 11, 12 that were filed in MEMBER CASE 4:17cv00012, in Support of Motions to Dismiss, as to filed by Tracey A. Richter. (Attachments: # 1 Affidavit, # 2 Affidavit)(Gitcheva, Louise) Modified on 3/21/2017 to update docket text as to Doc. 53, which is in reply to three (3) motions filed in the member case. The clerk will regenerate a NEF to all parties as notification of this updated docket text (ecav, ). (Entered: 03/20/2017)
542017-03-20 REPLY to Response to Motion re 39 MOTION to Dismiss for Failure to State a Claim Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim filed by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 03/20/2017)
552017-03-20 REPLY to Response to Motion re 37 MOTION to Dismiss for Lack of Jurisdiction Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction filed by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 03/20/2017)
562017-03-21 MOTIONS HEARING held before District Judge Henry C. Morgan, Jr: Rebecca Braley, Contract Reporter. Aaron Houchens, Seth Scott, and David Holt present on behalf of plaintiffs. David Warrington, Jesse Binnall, and Louise Gitcheva present on behalf of defendants. Motion Hearing held on 3/21/2017 re 42 Second MOTION to Remand to State Court filed by John M. Pitman, III, Peninsula Plastic Surgery Center, Ltd, 7 MOTION to Remand to State Court filed by John M. Pitman, III, Peninsula Plastic Surgery Center, Ltd, 28 MOTION to Set Aside Default and for Extension of Time to File Responsive Pleadings filed by Anna Richter, Bert Pitman, 10 MOTION to Strike Affidavit of of Edward Magedson filed by John M. Pitman, III, Peninsula Plastic Surgery Center, Ltd, 46 MOTION for Extension of Time to File Response/Reply as to 45 Reply to Response to Motion filed by Anna Richter, Bert Pitman, 30 MOTION for Extension Time to File Responsive Pleadings filed by Tracey A. Richter. Arguments of counsel heard. The court sets aside the default re Anna Richter and Bert Pitman, and will allow these two defendants additional time to file responsive pleadings. Defendants Anna Richter and Bert Pitman shall file their responsive pleadings within 11 days of today. The court finds that defendant Edward Magedsons Notice of Removal is properly filed. The court denies the Second Motion to Remand (doc. No. 42). Further, the court directs that a Rule 16b Conference be held and that a hearing on the pending Motions to Dismiss be set. Court to prepare order. (sche) (Entered: 03/21/2017)
572017-03-22 OPINION & ORDER, entered and filed 3/22/17, GRANTING 28 Motion to Set Aside Default; rendering the 46 Motion for Leave to File a Reply Brief MOOT. The Court also DENIES the 42 Second Motion to Remand, rendering the 7 First Motion to Remand, and related 10 Motion to Strike Affidavit, MOOT. The Court further GRANTS the 30 Consent Motion for Extension, to the extent necessary to DEEM Defendant Tracey Richter's motions from Pitman II (Pitman II, Docs. 10-13), as well as the associated opposition and reply briefs (Docs. 48, 53), as timely filed in this case (No. 4:16cv179). (See Opinion & Order and Foot Notes for Specifics) Signed by District Judge Henry C. Morgan, Jr. on 3/22/17). Copies provided as directed 3/22/17. (ecav, ) (Entered: 03/22/2017)
582017-03-22 Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference is set for 11/20/2017 at 02:30 PM in Norfolk Courtroom 2 and the Jury Trial is set for 12/5/2017 at 10:00 AM in Newport News Courtroom 1 before District Judge Henry C. Morgan Jr.. Signed by District Judge Henry C. Morgan, Jr. on 3/22/17 and filed 3/22/17. (lbax, ) (Entered: 03/23/2017)
592017-03-31 MOTION to Dismiss for Failure to State a Claim by Bert Pitman, Anna Richter. (Gitcheva, Louise) (Entered: 03/31/2017)
602017-03-31 Memorandum in Support re 59 MOTION to Dismiss for Failure to State a Claim filed by Bert Pitman, Anna Richter. (Gitcheva, Louise) (Entered: 03/31/2017)
612017-04-13 Memorandum in Opposition re 59 MOTION to Dismiss for Failure to State a Claim filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Holt, David) (Entered: 04/13/2017)
622017-04-19 Reply to 59 MOTION to Dismiss for Failure to State a Claim , 60 Memorandum in Support filed by Bert Pitman, Anna Richter. (Gitcheva, Louise) (Entered: 04/19/2017)
632017-05-03 NOTICE by Tracey A. Richter re 53 Reply,, (Gitcheva, Louise) (Entered: 05/03/2017)
642017-05-03 ORDER entered and filed 5/3/17: It appears to the Court that the Complaint has not been served on Defendant Darren Meade within ninety (90) days of the filing of the Complaint, nor has the summons that this Court issued after removal (Doc. 17) been served on Defendant Darren Meade within ninety (90) days of its issuance. Accordingly, it is hereby ORDERED that at the hearing previously scheduled for May 11,2017 at 11:00 AM on pending motions to dismiss, the plaintiff also show cause, if any, why the civil action against Defendant Darren Meade should not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. (Signed by District Judge Henry C. Morgan, Jr. on 5/3/17). Show Cause Hearing set for 5/11/2017 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr. (ecav, ) (Entered: 05/03/2017)
652017-05-11 Motion Hearing before District Judge Henry C. Morgan, Jr. held on 5/11/2017 re 37 Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction; 39 Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim; 59 Motion to Dismiss for Failure to State a Claim by Bert Pitman, Anna Richter; Order to Show Cause re service on Darren Meade and from case 4:17cv12: 10 Motion to Dismiss for Lack of Jurisdiction by Tracey A. Richter; 11 Motion to Dismiss for Failure to State a Claim by Tracey A. Richter. Appearances: Aaron B. Houchens, David B. Holt and Seth D. Scott for the Plaintiffs. David A. Warrington, Jesse R. Binnall and Louise T. Gitcheva for the Defendants. Arguments of counsel. Comments of Court. The Court FINDS that there is personal jurisdiction and DENIES motion 37 and DENIES motion 10 from 4:17cv12. The Court SUSTAINS the remaining Motions to Dismiss and will allow the Plaintiff to amend the complaint within 11 days. The defendant shall have 11 days from the filing within which to respond. Plaintiff, despite hiring three private investigators, has been unable to locate Darren Meade. Plaintiff will file a motion seeking alternative means to serve Darren Meade. The Court will publish an order setting forth its ruling in more specificity. Court adjourned. (Court Reporter Jody Stewart, OCR.)(lbax, ) Modified on 5/12/2017 re 4:17cv12 (lbax, ). (Main Document 65 replaced on 5/12/2017) (lbax, ). (Entered: 05/11/2017)
662017-05-22 TRANSCRIPT of proceedings held on 5-11-2017, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/21/2017. Redacted Transcript Deadline set for 7/24/2017. Release of Transcript Restriction set for 8/21/2017.(stewart, jody) (Entered: 05/22/2017)
672017-05-22 AMENDED COMPLAINT against All Defendants, filed by John M. Pitman, III, Peninsula Plastic Surgery Center, Ltd.(Houchens, Aaron) (Entered: 05/22/2017)
682017-05-22 OPINION & ORDER entered and filed 5/22/17: This matter is before the Court on five (5) related Motions to Dismiss Plaintiffs John M. Pitman III's ("John Pitman's") and Peninsula Plastic Surgery Center's ("PPSC's") (collectively, "Plaintiffs') Complaint. Two Motions address personal jurisdiction: Defendants Xcentric Ventures, LLC's ("Xcentric's") and Edward Magedson's ("Magedson's") Motion to Dismiss for Lack of Jurisdiction, Doc. 37 ("Xcentric/Magedson Jurisdiction Motion"); and Defendant Tracey Richter's Motion to Dismiss for Lack of Jurisdiction, No. 4:17cvl2 (hereinafter "Pitman II"), Doc. 10 ("Tracey Richter Jurisdiction Motion"). Three Motions address failure to state a claim: Defendants Xcentric's and Magedson's Motion to Dismiss for Failure to State a Claim, Doc. 39 ("Xcentric/Magedson Claim Motion"); Defendant Tracey Richter's Motion to Dismiss for Failure to State a Claim, Pitman II, Doc. 11 ("Tracey Richter's Claim Motion"); and Defendants Anna Richter and Bert Pitman's Motion to Dismiss for Failure to State a Claim, Doc. 59 ("Anna Richter and Bert Pitman's Claim Motion"). For the reasons stated in this Opinion & Order, the Court ORDERS as follows: The Court CONSTRUES the Xcentric/Magedson Jurisdiction (37) Motion as a Motion under Rule 12(i) for purposes of Defendant Xcentric; The Court DENIES the two jurisdiction Motions: Doc. 37 and Pitman II, Doc. 10. The Court CONSTRUES the Xcentric/Magedson Claim Motion, Doc. 39, as a Motion under Rule 12(c) for purposes of Defendant Xcentric. The Court GRANTS the three Claim Motions: Doc. 39; Pitman II, Doc. 11; and Doc. 59, as a result DISMISSING Plaintiffs' Complaint. The Court also DENIES AS MOOT the remaining Motions in the consolidated docket, Pitman II, Docs. 5, 7, because they were copies of Motions addressed herein. The Court GRANTS Plaintiffs LEAVE TO AMEND within eleven (11) days of the date of the hearing on these Motions, with a deadline of May 22, 2017. Defendants shall file their responses to the Amended Complaint within eleven (11) days of service. (See Opinion & Order and Foot Notes for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 5/22/17). Copies provided as directed 5/23/17. Associated Cases: 4:16-cv-00179-HCM-DEM, 4:17-cv-00012-HCM-DEM(ecav, ) (Entered: 05/23/2017)
692017-05-31 MOTION for Service by Publication by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 05/31/2017)
702017-05-31 Memorandum in Support re 69 MOTION for Service by Publication filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Exhibit A (affidavit), # 2 Exhibit B (proposed order), # 3 Exhibit C (proposed certificate))(Houchens, Aaron) (Entered: 05/31/2017)
712017-06-02 MOTION to Dismiss for Failure to State a Claim by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 06/02/2017)
722017-06-02 Memorandum in Support re 71 MOTION to Dismiss for Failure to State a Claim filed by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 06/02/2017)
732017-06-02 MOTION to Dismiss for Failure to State a Claim by Bert Pitman, Anna Richter, Tracey A. Richter. (Binnall, Jesse) (Entered: 06/02/2017)
742017-06-02 Brief in Support to 73 MOTION to Dismiss for Failure to State a Claim filed by Bert Pitman, Anna Richter, Tracey A. Richter. (Binnall, Jesse) (Entered: 06/02/2017)
752017-06-05 MOTION for Protective Order Stipulated Protective Order by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 06/05/2017)
762017-06-07 MOTION for Protective Order by Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order Stipulated Protective Order)(Warrington, David) (Entered: 06/07/2017)
772017-06-08 OPINION AND ORDER entered and filed 6/8/17 GRANTING Plaintiffs John M. Pitman III's ("John Pitman's") and Peninsula Plastic Surgery Center's ("PPSC's") (collectively, "Plaintiffs'") 69 Motion for Leave to Effect Service of Process on Darren Meade ("Meade") by Order of Publication ("Motion"). Plaintiff represents that the served Defendants do not oppose this Motion. Id. For the reasons stated herein, the Court GRANTS the Motion, as outlined. The Court ORDERS Plaintiffs to send the following Order of Publication to Orange County Register in compliance with Va. Code Ann.§ 8.01-317. Despite the statute's direction to state court clerks, the clerk of this Court does not publish Orders in newspapers on a plaintiff's behalf. Plaintiffs shall comply with the requirements for timely submitting the Publication Order to the designated newspaper and shall file a certificate of compliance with that procedure in accordance with Va. Code Ann. 8.01-317(2017). The Clerk is DIRECTED to post a copy of the following Order of Publication at the front door of the courthouse. The Court ORDERS Plaintiffs to mail a copy of the Order of Publication to the last known post office address of Defendant Meade. Because Plaintiffs represent that Defendant Meade has been responsive to e-mail, the Court further ORDERS Plaintiffs to send a copy of the Order of Publication to the e-mail address that Defendant Meade has used to correspond with their counsel. Defendant Meade is ORDERED to appear before the Court to protect his interests by July 28, 2017. (See Opinion and Order and Foot Note for specifics) (Signed by District Judge Henry C. Morgan, Jr. on 6/8/17). Copies provided as directed 6/8/17. (ecav, ) (Entered: 06/08/2017)
782017-06-08 ORDER OF PUBLICATION, entered and filed 6/8/17, as outlined. This Order shall be published once a week for four consecutive weeks in the Orange County Register and posted at the front door of the United States Courthouse as directed in this Court's Order on the Motion for Leave to Effect Service of Process on Darren Meade ("Meade") by Order of Publication, Doc. 69. (See Order of Publication for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 6/8/17). Copies provided 6/8/17.(ecav, ) (Entered: 06/08/2017)
792017-06-08 STIPULATED PROTECTIVE ORDER, AGREED, as modified by the court, outlining treatment of confidential information, entered and filed 6/8/17, as to 76 Motion for Protective Order. (Signed by District Judge Henry C. Morgan, Jr. on 6/8/17). Copies provided 6/8/17. (ecav, ) (Entered: 06/08/2017)
802017-06-16 Memorandum in Opposition re 71 MOTION to Dismiss for Failure to State a Claim filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 06/16/2017)
812017-06-16 Memorandum in Opposition re 73 MOTION to Dismiss for Failure to State a Claim filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 06/16/2017)
822017-06-22 REPLY to Response to Motion re 71 MOTION to Dismiss for Failure to State a Claim filed by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 06/22/2017)
832017-06-22 REPLY to Response to Motion re 73 MOTION to Dismiss for Failure to State a Claim filed by Bert Pitman, Anna Richter, Tracey A. Richter. (Gitcheva, Louise) (Entered: 06/22/2017)
842017-06-23 Request for Hearing by Bert Pitman, Anna Richter, Tracey A. Richter re 73 MOTION to Dismiss for Failure to State a Claim (Gitcheva, Louise) (Entered: 06/23/2017)
852017-06-30 Request for Hearing by Edward Magedson, Xcentric Ventures, LLC re 71 MOTION to Dismiss for Failure to State a Claim (Warrington, David) (Entered: 06/30/2017)
862017-07-21 MOTION to Withdraw as Attorney by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Proposed Order)(Holt, David) (Entered: 07/21/2017)
872017-07-24 NOTICE by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III Attorney Change of Contact Information (Scott, Seth) (Entered: 07/24/2017)
882017-07-24 MOTION to Compel by Anna Richter. (Gitcheva, Louise) (Entered: 07/24/2017)
892017-07-24 Memorandum in Support re 88 MOTION to Compel filed by Anna Richter. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Gitcheva, Louise) (Entered: 07/24/2017)
902017-08-02 AFFIDAVIT of Publication filed by John M. Pitman, III as to D. Meade. Last publication date 7/15/17. (Attachments: # 1 Letter)(afar) (Entered: 08/02/2017)
912017-08-02 Request for Hearing by Anna Richter re 89 Memorandum in Support, 88 MOTION to Compel (Gitcheva, Louise) (Entered: 08/02/2017)
922017-08-03 Memorandum in Opposition re 88 MOTION to Compel filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Scott, Seth) (Entered: 08/03/2017)
932017-08-03 MOTION to Compel Xcentric by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Scott, Seth) (Entered: 08/03/2017)
942017-08-03 Memorandum in Support re 93 MOTION to Compel Xcentric filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Scott, Seth) (Entered: 08/03/2017)
952017-08-03 CONSENT ORDER granting 86 Motion to Withdraw as to Attorney David Barnes Holt and Stephen Mark Smith. Signed by District Judge Henry C. Morgan, Jr on 8/1/17. (afar) (Entered: 08/03/2017)
962017-08-04 Request for Entry of Default as to Defendant Darren Meade by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Affidavit In Support of Entry of Default)(Scott, Seth) (Entered: 08/04/2017)
96.1 Affidavit In Support of Entry of Default
972017-08-04 Clerk's ENTRY OF DEFAULT as to Darren M. Meade pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, for failure to file an answer in this action. This default is noted on the Court's docket this date (afar) (Entered: 08/04/2017)
982017-08-09 REPLY to Response to Motion re 88 MOTION to Compel filed by Anna Richter. (Gitcheva, Louise) (Entered: 08/09/2017)
992017-08-16 MOTION to Compel Responses to Plaintiffs' Requests for Admissions to Anna Richter and Tracey Richter by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Scott, Seth) (Entered: 08/16/2017)
1002017-08-16 Memorandum in Support re 99 MOTION to Compel Responses to Plaintiffs' Requests for Admissions to Anna Richter and Tracey Richter filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Scott, Seth) (Entered: 08/16/2017)
100.1 Exhibit 1
100.2 Exhibit 2
100.3 Exhibit 3
100.4 Exhibit 4
1012017-08-17 Memorandum in Opposition re 93 MOTION to Compel Xcentric Xcentric's Opposition to Plaintiffs' Motion to Compel filed by Xcentric Ventures, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Warrington, David) (Entered: 08/17/2017)
1022017-08-17 MOTION for Protective Order Edward Magedson and Xcentric Ventures, LLC's Motion for a Protective Order by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) (Entered: 08/17/2017)
1032017-08-17 Memorandum in Support re 102 MOTION for Protective Order Edward Magedson and Xcentric Ventures, LLC's Motion for a Protective Order filed by Edward Magedson, Xcentric Ventures, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Proposed Order)(Warrington, David) (Entered: 08/17/2017)
1042017-08-21 RESPONSE in Support re 93 MOTION to Compel Xcentric filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 08/21/2017)
1052017-08-22 MOTION to Continue Trial by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Scott, Seth) (Entered: 08/22/2017)
1062017-08-22 Memorandum in Support re 105 MOTION to Continue Trial filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Scott, Seth) (Entered: 08/22/2017)
106.1 Exhibit 1
106.2 Exhibit 2
1072017-08-29 OPINION & ORDER entered and filed 8/29/17: This matter is before the Court on two (2) related Motions to Dismiss Plaintiffs John M. Pitman III's ("John Pitman's") and Peninsula Plastic Surgery Center's ("PPSC's") (collectively,"Plaintiffs'") Complaint: Defendants Xcentric Ventures, LLC's ("Xcentric's") and Edward Magedson's ("Magedson's") (collectively, "Company Defendants'") Motion to Dismiss, Doc. 71, and Defendants Tracey Richter's, Anna Richter's, and Bert Pitman's (collectively, "Family Defendants'") Motion to Dismiss, Doc. 73. For the reasons stated in this Opinion & Order, the Court DISMISSES Plaintiff John Pitman from Claim III, retaining that claim solely for Plaintiff PPSC, DISMISSES Counts IV and V, and otherwise DENIES 71 Motion to Dismiss and 73 Motion to Dismiss, as outlined. (See Opinion & Order and Foot Notes for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 8/29/17). Copies provided as directed 8/29/17. (ecav, ) (Entered: 08/29/2017)
1082017-08-30 Memorandum in Opposition re 99 MOTION to Compel Responses to Plaintiffs' Requests for Admissions to Anna Richter and Tracey Richter filed by Anna Richter, Tracey A. Richter. (Gitcheva, Louise) (Entered: 08/30/2017)
1092017-08-31 Memorandum in Opposition re 102 MOTION for Protective Order Edward Magedson and Xcentric Ventures, LLC's Motion for a Protective Order filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 08/31/2017)
1102017-09-01 Request for Hearing by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III re 105 MOTION to Continue Trial (Attachments: # 1 Proposed Order)(Scott, Seth) (Entered: 09/01/2017)
1112017-09-05 Memorandum in Opposition re 105 MOTION to Continue Trial filed by Bert Pitman, Anna Richter, Tracey A. Richter. (Gitcheva, Louise) (Entered: 09/05/2017)
1122017-09-05 NOTICE of Appearance by Shalin Rakesh Sood on behalf of Edward Magedson, Xcentric Ventures, LLC (Sood, Shalin) (Entered: 09/05/2017)
1132017-09-07 MOTION for Extension of time to disclose expert opinions by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 09/07/2017)
1142017-09-07 Memorandum in Support re 113 MOTION for Extension of time to disclose expert opinions filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 09/07/2017)
1152017-09-11 RESPONSE in Support re 105 MOTION to Continue Trial filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Houchens, Aaron) (Entered: 09/11/2017)
115.1 Exhibit A
115.2 Exhibit B
115.3 Exhibit C
115.4 Exhibit D
115.5 Exhibit E
115.6 Exhibit F
115.7 Exhibit G
115.8 Exhibit H
115.9 Exhibit I
115.10 Exhibit J
1162017-09-12 ORDER entered 9/11/17 and filed 0/12/17 as to Plaintiffs John M. Pitman III's ("John Pitman's") and Peninsula Plastic Surgery Center ("PPSC's") (collectively, "Plaintiffs'") 99 MOTION to Compel Responses to Plaintiffs' Requests for Admissions to Anna Richter and Tracey Richter Defendants Anna Richter and Tracey Richter represent that they have withdrawn their objections, see Doc. 108 , but Plaintiffs have not withdrawn the Motion. Accordingly, the Court ORDERS Plaintiffs to file a memorandum explaining what further relief they seek within eleven (11) days of the date of this Order. If Plaintiffs do not respond or withdraw the Motion to Compel by that time, the Court will consider the Motion to Compel, Doc. 99, WITHDRAWN. (Signed by District Judge Henry C. Morgan, Jr. on 9/11/17) Copies provided as directed 9/12/17.(ecav, ) (Entered: 09/12/2017)
1172017-09-12 ANSWER to 67 AMENDED Complaint by Bert Pitman.(Gitcheva, Louise) Modified on 9/13/2017 to create linkage and to update docket text to reflect that this ANSWER is as to the AMENDED Complaint. (ecav, ). (Entered: 09/12/2017)
1182017-09-12 ANSWER to 67 AMENDED Complaint by Anna Richter.(Gitcheva, Louise) Modified on 9/13/2017 to create linkage and to update docket text to reflect that this ANSWER is as to the AMENDED Complaint. (ecav, ). (Entered: 09/12/2017)
1192017-09-12 ANSWER to 67 AMENDED Complaint by Tracey A. Richter.(Gitcheva, Louise) Modified on 9/13/2017 to create linkage and to update docket text to reflect that this ANSWER is as to the AMENDED Complaint. (ecav, ). (Entered: 09/12/2017)
1202017-09-13 MOTION to Quash by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 09/13/2017)
1212017-09-13 Memorandum in Support re 120 MOTION to Quash filed by Peninsula Plastic Surgery Center, Ltd, John M. Pitman, III. (Houchens, Aaron) (Entered: 09/13/2017)
1222017-09-13 Edward Magedson's ANSWER to Complaint by Edward Magedson.(Warrington, David) (Entered: 09/13/2017)
1232017-09-13 Xcentric Ventures, LLC's ANSWER to Complaint by Xcentric Ventures, LLC.(Warrington, David) (Entered: 09/13/2017)
1242017-09-13 ORDER entered 9/12/17 and filed 9/13/17 GRANTING Defendant Anna Richter's 88 Motion to Compel, as outlined, as to Interrogatories No. 1, 4, 9, 10, and 11 and RFPs No. 3, 13, and 14 to Plaintiff John Pitman and Interrogatory No. 1 and RFP No. 4 to Plaintiff PPSC and ORDERS that Plaintiffs either produce a privilege log or withdraw objections for their answers to Interrogatories No. 3, 5-8, and 14 and RFPs No. 4-5, 7, and 9-11 to Plaintiff John Pitman and Interrogatories No. 3-7 and RFPs No. 5-6 and 8 to Plaintiff PPSC. The Court also ORDERS that Plaintiffs file any privileged documents IN CAMERA UNDER SEAL for this Court's review of whether Plaintiffs must produce those documents. The Court OVERRULES Plaintiffs' objections to Interrogatories No. 12-13 and RFPs No, 1-2 to Plaintiff John Pitman and Interrogatory No. 8 and RFPs No. 1-3 to Plaintiff PPSC but further ORDERS that Plaintiffs file any further responsive information with the Court IN CAMERA UNDER SEAL for the Court's decision on whether Plaintiffs must produce those materials. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 9/12/17). Copies provided as directed 9/13/17. (ecav, ) Modified on 9/13/2017 to update docket text (ecav, ). (Entered: 09/13/2017)
1252017-09-13 OPINION & ORDER entered 9/12/17 and filed 9/13/17 as to Plaintiffs John M. Pitman III's ("John Pitman's") and Peninsula Plastic Surgery Center ("PPSC's") (collectively, "Plaintiffs'") 93 Motion to Compel, and Defendants Edward Magedson's ("Magedson's") and Xcentric Ventures, LLC's ("Xcentric's") 102 Motion for Protective Order. For the reasons stated in this Opinion and Order, the Court GRANTS the Motion to Compel, Doc. 93, IN PART, compelling production of all non-privileged documents requested by RFP 19 other than those containing sensitive financial information and striking the relevance objection to RFP 20, but otherwise DENIES the Motion to Compel IN PART WITH LEAVE to renew the Motion to Compel regarding this RFP when the punitive damages claim survives a summary judgment motion or the time for summary judgment motions expires. The Court further ORDERS that Defendant Xcentric file any responsive documents containing sensitive financial information or privileged documents IN CAMERA UNDER SEAL for this Court's review of whether it must produce those documents. The Court DENIES the Motion for a Protective Order, Doc. 102. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 9/12/17). Copies provided as directed 9/13/17. (ecav, ) (Entered: 09/13/2017)
1262017-09-13 ORDER entered and filed 9/13/17 as to Plaintiffs John M. Pitman III's ("John Pitman's") and Peninsula Plastic Surgery Center ("PPSC's") (collectively, "Plaintiffs'") 105 Motion to Continue Trial ("Motion"). It appears from the briefing in this matter that the true concern is insufficient time for discovery because Answers were due only recently. See, e.g., Doc. 115 at 3. The Court hereby AMENDS its scheduling order, Doc. 58, to extend the deadline for Plaintiffs' discovery to October 24, 2017, the same deadline that Defendants have for completing discovery. The Court does not find any of the arguments for continuing the trial date persuasive, and the Court otherwise DENIES the Motion, Doc. 105. The fact that all Parties appear to be dilatory in responding to discovery will not be grounds for continuing any dates. (Signed by District Judge Henry C. Morgan, Jr. on 9/13/17). Copies provided as directed 9/13/17. (ecav, ) (Entered: 09/13/2017)
1272017-09-13 ORDER entered and filed 9/13/17 as to Plaintiffs John M. Pitman III's ("John Pitman's") and Peninsula Plastic Surgery Center ("PPSC's") (collectively, "Plaintiffs'") 120 Motion to Quash. The Court WAIVES further briefing on the instant Motion and DISMISSES the Motion for failure to meet and confer. The Court also observes that further unnecessary discovery motions or motions that fail to comply with local rules may subject a party to sanctions. See E.D. Va. L. Civ. R. 37(G)-(H). (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 9/13/17). Copies provided as directed 9/13/17. (ecav, ) (Entered: 09/13/2017)
1282017-09-13 MOTION for Extension of Time to File Answer re 67 Amended Complaint by Edward Magedson. (Warrington, David) (Entered: 09/13/2017)
1292017-09-13 Brief in Support to 128 MOTION for Extension of Time to File Answer re 67 Amended Complaint filed by Edward Magedson. (Attachments: # 1 Errata Magedson Answer to Amended Complaint)(Warrington, David) (Entered: 09/13/2017)
129.1 Errata Magedson Answer to Amended Complaint
1302017-09-13 MOTION for Extension of Time to File Answer re 67 Amended Complaint by Xcentric Ventures, LLC. (Warrington, David) (Entered: 09/13/2017)
1312017-09-13 Brief in Support to 130 MOTION for Extension of Time to File Answer re 67 Amended Complaint filed by Xcentric Ventures, LLC. (Attachments: # 1 Errata Xcentric Answer to Amended Complaint)(Warrington, David) (Entered: 09/13/2017)