Case: United States of America v. City of Chesapeake, Virginia

United States v. City of Chesapeake, Virginia

United States v. City of Chesapeake

COMPLAINT against City of Chesapeake, Virginia , filed by UNITED STATES OF AMERICA.(kspi) (Entered: 07/24/2006)

MOTION for Karen Donnella Woodard, Sonya Aparna Rao to appear Pro hac vice by UNITED STATES OF AMERICA. (kspi) (Entered: 07/24/2006)

ORDER granting re:[2] Motion for Pro hac vice, Karen Donnella Woodard and Sonya Aparna Rao for UNITED STATES OF AMERICA . Signed by Judge Raymond A. Jackson and filed 07/24/06. Copies mailed 07/26/06. (kspi) (Entered: 07/26/2006)

WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. City of Chesapeake, Virginia waiver sent on 7/26/2006, answer due 9/25/2006. (jcow, ) (Entered: 08/11/2006)

NOTICE of Appearance by John Patrick Cunningham on behalf of UNITED STATES OF AMERICA (jcow, ) (Entered: 08/11/2006)

ANSWER to Complaint by City of Chesapeake, Virginia.(jcow, ) (Entered: 09/25/2006)

Refer for 16(b) (jcow, ) (Entered: 09/25/2006)

SCHEDULING ORDER: Initial Pretrial Conference set for 10/24/2006 09:00 AM. Signed by Judge F. Bradford Stillman on 9/27/06 and filed. Copies mailed: 9/28/06 (jcow, ) (Entered: 09/28/2006)

CONSENT to Jurisdiction by US Magistrate Judge by City of Chesapeake, Virginia. (jcow, ) (Entered: 10/19/2006)

NOTICE of Withdrawal for John Cunningham by UNITED STATES OF AMERICA (jcow, ) (Entered: 10/19/2006)

NOTICE of Appearance by Michael Joseph Alexis on behalf of UNITED STATES OF AMERICA (jcow, ) (Entered: 10/19/2006)

AGREED ORDER that the appearance of John P. Cunningham as counsel for the plaintiff is withdrawn. Signed by Judge Raymond A. Jackson and filed on 10/25/06. Copies mailed: 10/25/06(jcow, ) (Entered: 10/25/2006)

MOTION for Elizabeth A. Speck to appear Pro hac vice by UNITED STATES OF AMERICA. (jcow, ) (Entered: 12/14/2006)

ORDER granting [12] Motion for Elizabeth Anne Speck to appear pro hac vice on behalf of UNITED STATES OF AMERICA. Signed by Judge Raymond A. Jackson and filed on 12/14/06. Copies to counsel 12/15/06 (mwin, ) (Entered: 12/15/2006)

MOTION to Bifurcate by UNITED STATES OF AMERICA. (jcow, ) (Entered: 12/18/2006)

Memorandum in Support re [13] MOTION to Bifurcate filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 12/18/2006)

MOTION to Continue trial date by UNITED STATES OF AMERICA. (jcow, ) (Entered: 12/27/2006)

Memorandum in Support re [15] MOTION to Continue trial date filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 12/27/2006)

Memorandum in Opposition re [13] MOTION to Bifurcate filed by City of Chesapeake, Virginia, received. (jcow, ) (Entered: 12/27/2006)

MOTION to Compel discovery by UNITED STATES OF AMERICA. (jcow, ) (Entered: 01/03/2007)

Memorandum in Support re [18] MOTION to Compel discovery filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 01/03/2007)

REPLY to Response to Motion re [15] MOTION to Continue filed by City of Chesapeake, Virginia, received. (jcow, ) (Entered: 01/04/2007)

REPLY to Response to Motion re [13] MOTION to Bifurcate filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 01/04/2007)

MOTIONS REFERRED: [13] MOTION to Bifurcate, [15] MOTION to Continue REFERRED to Judge Raymond A. Jackson. (jcow, ) (Entered: 01/04/2007)

Memorandum in Opposition re [18] MOTION to Compel discovery filed by City of Chesapeake, Virginia, received (jcow, ) (Entered: 01/11/2007)

Joint MOTION for Protective Order by UNITED STATES OF AMERICA, City of Chesapeake, Virginia. (jcow, ) (Entered: 01/12/2007)

Joint Memorandum in Support re [23] Joint MOTION for Protective Order filed by UNITED STATES OF AMERICA, City of Chesapeake, Virginia, received. (jcow, ) (Entered: 01/12/2007)

REPLY to Response to Motion re [18] MOTION to Compel filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 01/17/2007)

Set/Reset Hearings: Motion Hearing set for 2/8/2007 09:30 AM in N Mag Courtroom 1 before Magistrate Judge F. Bradford Stillman. (jcow, ) (Entered: 01/18/2007)

Set/Reset Hearings: Motion Hearing set for 2/8/2007 02:30 PM in N Courtroom 4 before District Judge Raymond A. Jackson. (jcow, ) (Entered: 01/22/2007)

MOTION with memorandum in support for Leave to File objections to plaintiff's third set of interrogatories and second request for production of documents out of time by City of Chesapeake, Virginia. (jcow, ) (Entered: 01/31/2007)

NOTICE motion for sealing order by UNITED STATES OF AMERICA, City of Chesapeake, Virginia (jcow, ) (Entered: 02/06/2007)

MOTION for Protective Order by UNITED STATES OF AMERICA, City of Chesapeake, Virginia. (jcow, ) (Entered: 02/06/2007)

Memorandum in Support re [28] MOTION for Protective Order filed by UNITED STATES OF AMERICA, City of Chesapeake, Virginia, received. (jcow, ) (Entered: 02/06/2007)

MOTION to Compel discovery by City of Chesapeake, Virginia. (jcow, ) (Entered: 02/07/2007)

Memorandum in Support re [30] MOTION to Compel discovery filed by City of Chesapeake, Virginia, received (jcow, ) (Entered: 02/07/2007)

Set/Reset Hearings: Settlement Conference set for 2/21/2007 02:00 PM before Magistrate Judge F. Bradford Stillman. (jcow, ) (Entered: 02/07/2007)

MOTION to modify the scheduling order and to extend discovery by UNITED STATES OF AMERICA. (jcow, ) (Entered: 02/08/2007)

Memorandum in Support re [32] MOTION to modify the scheduling order and to extend discovery filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 02/08/2007)

Set/Reset Hearings: Motion Hearing set for 2/16/2007 02:00 PM in N Mag Courtroom 1 before Magistrate Judge F. Bradford Stillman. (jcow, ) (Entered: 02/08/2007)

Minute Entry for proceedings held before Judge F. Bradford Stillman : Motion Hearing held on 2/8/2007 re [18] MOTION to Compel filed by UNITED STATES OF AMERICA. (Court Reporter Paul McManus, OCR.)Present were Elizabeth A. Speck, Sonya A. Rao and Susan Watt on behalf of the plaintiff. Darlene Bradberry, Thomas Salb and Dana Sanford (representative of the City of Chesapeake) present on behalf of the defendant. Court confirms pending dates with counsel. Court goes through individual requests to interrogatories and requests for production, as well as privilege log, with each counsel that are in dispute and makes rulings on the record. Defendant is to supply a supplemental privilege log no later than noon on Thursday, Feb. 15, 2007. Motion hearing set for Friday, Feb. 16, 2007 at 2:00 pm for all pending motions, to include plaintiffs motion to extend discovery cutoff and defendant motion to compel. Each side is to respond to the respective motion by 2:00 pm on 02/15/07 (on an expedited briefing schedule) and the court will dispense with any reply memoranda. The parties are urged to come to any possible agreements as to the privilege log prior to the next hearing. The parties submit a joint motion for leave for the plaintiff to conduct 30(b)(6) depos. after 2/13/07 and proposed agreed order. The Court endorses the order and it is filed in open court. Court to enter order regarding all of the rulings made on the record as to the interrogatories and requests for production. Court takes up housekeeping matters regarding the upcoming settlement conference. Court adjourned. (cdod, ) Modified on 2/8/2007 (cdod, ). (Entered: 02/08/2007)

MOTION for leave to take depositions of the City of Chesapeake and of Stanard and Associates by UNITED STATES OF AMERICA, City of Chesapeake, Virginia, filed in open court. (jcow, ) (Entered: 02/08/2007)

ORDER granting [35] Motion for leave to take depositions of the City of Chesapeake and of Stanard and Associates (see order for specifics). Signed by Judge F. Bradford Stillman and filed in open court on 2/8/07. Copies mailed: 2/8/07 (jcow, ) (Entered: 02/08/2007)

Memorandum in Opposition re [26] MOTION for Leave to File objections to plaintiff's interrogatories and requests for production of documents out of time, filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 02/08/2007)

ORDER granting in part and denying in part [18] Motion to Compel discovery (see order for specifics). Signed by Judge F. Bradford Stillman and filed on 2/8/07. Copies mailed: 2/8/07 (jcow, ) (Entered: 02/08/2007)

Minute Entry for proceedings held before District Judge Raymond A. Jackson : Appearances: Sonya Rao, Susan Watt, Elizabeth Speck, Thomas Salb and Dana Sanford.Motion Hearing held on 2/8/2007 re [15] MOTION to Continue filed by UNITED STATES OF AMERICA, [13] MOTION to Bifurcate filed by UNITED STATES OF AMERICA, [32] MOTION to modify the scheduling order and to extend discovery filed by UNITED STATES OF AMERICA. Argued. Court GRANTED motions. Plaintiff's cut-off extended to 4/13/07. Courtroom Deputy to adjust other dates and prepare a new 16(b) order. Court adjourned. (Court Reporter Sharon Borden, OCR) (glen) (Entered: 02/09/2007)

PROTECTIVE ORDER entered by District Judge Raymond A. Jackson on 2/8/07, in open court. (glen) (Entered: 02/09/2007)

NOTICE of Hearing on Motion [32] MOTION to extend discovery set for 2/16/07 at 2:00, filed by defendant. (jcow, ) (Entered: 02/12/2007)

SUPPLEMENTAL SCHEDULING ORDER: Final Pretrial Conference set for 5/23/2007 11:00 AM before Magistrate Judge F. Bradford Stillman. Bench Trial set for 6/6/2007 10:00 AM before District Judge Raymond A. Jackson. Trial by jury has not been demanded, proposed findings of fact and conclusions of law shall be delivered to the clerk by 5/29/07. Signed by Judge Raymond A. Jackson and filed on 2/9/07. Copies mailed: 2/12/07(jcow, ) (Entered: 02/12/2007)

ORDER granting [32] Motion to modify the scheduling order, supplemental scheduling order issued separately; granting [13] Motion to Bifurcate the trial; granting [15] Motion to Continue the trial date, supplemental scheduling order issued separately; ordering that the parties will conduct discovery on all issues pursuant to the supplemental scheduling order issued by the court in this matter. Signed by Judge Raymond A. Jackson and filed on 2/12/07. Copies mailed: 2/12/07 (jcow, ) (Entered: 02/12/2007)

MOTION for Protective Order by City of Chesapeake, Virginia. (jcow, ) (Entered: 02/14/2007)

Memorandum in Support re [45] MOTION for Protective Order filed by City of Chesapeake, Virginia, received. (jcow, ) (Entered: 02/14/2007)

Memorandum in Opposition re [30] MOTION to Compel discovery filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 02/14/2007)

Set/Reset Hearings: Motion Hearing set for 2/21/2007 02:00 PM in N Mag Courtroom 1 before Magistrate Judge F. Bradford Stillman. Settlement Conference set for 2/22/2007 02:30 PM before Magistrate Judge F. Bradford Stillman. (jcow, ) (Entered: 02/16/2007)

TRANSCRIPT of Proceedings held on 2/8/07 before Judge F. Bradford Stillman. Court Reporter: Paul mcManus. (jcow, ) (Entered: 02/16/2007)

Minute Entry for proceedings held before Judge F. Bradford Stillman : Pre-Settlement Conference held on 2/21/2007 in chambers. (4:00 pm to 4:20 pm) Settlement conference to continue on 02/22/07. (cdod) (Entered: 02/22/2007)

Minute Entry for proceedings held before Judge F. Bradford Stillman : Motion Hearing held on 2/21/2007 re [30] MOTION to Compel filed by City of Chesapeake, Virginia and issues regarding the amended privilege log. (Court Reporter Gloria Smith, OCR.)Present were Sonya A. Rao, Karen D. Woodard and Susan L. Watt on behalf of the United States, and Thomas J. Salb and Darlene P. Bradberry on behalf of the defendant, City of Chesapeake. Sonya Rao presents issues to the Court with regard to the privilege log on behalf of the United States. Darlene Bradberry responds on behalf of the City of Chesapeake. Court makes rulings on the record as to the production of documents on the privilege log. Court moves on to the defendant's motion to compel. Thomas Salb argues the motion for the City of Chesapeake and Sonya Rao responds for the United States. Court makes rulings on the record as to the requests for production and the interrogatories at issue in the motion to compel. Court reserves rulings on several of the matters and directs the parties to return on Thursday, February 22, 2007 at 1:30 pm for a continuation of the motions hearing. The settlement conference will commence immediately following the hearing. Court adjourned. (cdod, ) (Entered: 02/22/2007)

Minute Entry for proceedings held before Judge F. Bradford Stillman : Continuation of Motion Hearing held on 2/22/2007 re [30] MOTION to Compel filed by City of Chesapeake, Virginia, [32] MOTION to modify the scheduling order and to extend discovery filed by UNITED STATES OF AMERICA. (Court Reporter Gloria Smith, OCR.)Present were Sonya A. Rao, Karen D. Woodard and Susan L. Watt on behalf of the United States, Darlene P. Bradberry, Thomas J. Salb, Ron Hallman, Chesapeake City Attorney and Dana Sanford on behalf of the City of Chesapeake. Sonya Rao argues on behalf of the United States and Darlene Bradberry and Thomas Salb argue on behalf of the City of Chesapeake. The Judge makes rulings on the record. Parties adjourn to commence the settlement conference. Court is adjourned. (cdod) (Entered: 02/22/2007)

Minute Entry for proceedings held before Judge F. Bradford Stillman : Settlement Conference held on 2/22/2007 in chambers. (1:55 pm to 5:10 pm) (cdod) (Entered: 02/23/2007)

Set Hearings: continuation of Settlement Conference set for 3/8/2007 09:30 AM before Magistrate Judge F. Bradford Stillman. (cdod) (Entered: 02/23/2007)

ORDER granting [26] Motion for Leave to File objections to plaintiff's third set of interrogatories out of time; granting in part and denying in part [30] Motion to Compel (see order for specifics). Signed by Judge F. Bradford Stillman on 2/22/07 and filed 2/26/07. Copies mailed: 2/27/07 (jcow, ) (Entered: 02/27/2007)

ORDER directing the clerk to reassign this matter to another U.S. Magistrate Judge. Signed by Judge F. Bradford Stillman on 2/22/07 and filed 2/26/07. Copies mailed: 2/27/07 (jcow, ) (Entered: 02/27/2007)

Memorandum in Opposition re [45] MOTION for Protective Order filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 02/27/2007)

This case randomly reassigned to U.S. Magistrate Judge Tommy E. Miller. (jcow, ) (Entered: 02/27/2007)

REPLY to Response to Motion re [45] MOTION for Protective Order filed by City of Chesapeake, Virginia, received. (jcow, ) (Entered: 03/01/2007)

TRANSCRIPT of Proceedings held on 2/21/07 before Judge F. Bradford Stillman. Court Reporter: Gloria Smith. (jcow, ) (Entered: 03/01/2007)

MOTION REFERRED: [45] MOTION for Protective Order REFERRED to Judge Raymond A. Jackson. (jcow, ) (Entered: 03/01/2007)

Minute Entry for proceedings held before Judge F. Bradford Stillman : Telephone Conference held on 3/1/2007 in chambers. (10:30 am to 10:40 am) (cdod) (Entered: 03/05/2007)

Minute Entry for proceedings held before Judge F. Bradford Stillman : Settlement Conference held on 3/8/2007 in chambers. 9:30 am to 11:30 am. (cdod) (Entered: 03/08/2007)

Set/Reset Hearings: Motion Hearing set for 4/2/2007 10:30 AM in N Courtroom 4 before District Judge Raymond A. Jackson on motion for protective order. (jcow, ) (Entered: 03/09/2007)

MOTION for entry of Protective Order by UNITED STATES OF AMERICA. (jcow, ) (Entered: 03/12/2007)

Memorandum in Support re [57] MOTION for entry of Protective Order filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 03/12/2007)

NOTICE of Hearing on Motion re: [45] MOTION for Protective Order set for 4/2/07 at 10:30 filed by defendant. (jcow, ) (Entered: 03/14/2007)

MOTION for Leave to File expert witness rebuttal report by 3/15/07 by UNITED STATES OF AMERICA. (jcow, ) (Entered: 03/14/2007)

Memorandum in Support re [60] MOTION for Leave to File expert witness rebuttal report by 3/15/07 filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 03/14/2007)

MOTION for Leave to File expert witness rebuttal report by 3/15/07 by City of Chesapeake, Virginia. (jcow, ) (Entered: 03/14/2007)

Memorandum in Support re [62] MOTION for Leave to File expert witness rebuttal report by 3/15/07 filed by City of Chesapeake, Virginia, received. (jcow, ) (Entered: 03/14/2007)

ORDER granting [60] Motion for Leave to File expert witness rebuttal by 3/15/07 for the report of Bernard Siskin, Ph.D.. Signed by Judge Raymond A. Jackson and filed on 3/15/07. Copies mailed: 3/16/07 (jcow, ) (Entered: 03/16/2007)

Memorandum in Opposition re [57] MOTION for Protective Order filed by City of Chesapeake, Virginia, received. (jcow, ) (Entered: 03/20/2007)

REPLY to Response to Motion re [57] MOTION for Protective Order filed by UNITED STATES OF AMERICA, received. (jcow, ) (Entered: 03/23/2007)

MOTION REFERRED: [57] MOTION for Protective Order REFERRED to Judge Raymond A. Jackson. (jcow, ) (Entered: 03/23/2007)

TRANSCRIPT of Proceedings held on 2/8/07 before Judge Raymond A. Jackson. Court Reporter: Sharon Borden. (jcow, ) (Entered: 03/30/2007)

MOTION to Quash deposition subpoena and notice issued to Allan Fromen for 4/12/07, by City of Chesapeake, Virginia. (mwin, ) (Entered: 03/30/2007)

Memorandum in Support of [69] MOTION to Quash, by City of Chesapeake, Virginia, received. (mwin, ) (Entered: 03/30/2007)

MOTION for expedited Hearing on [69] MOTION to Quash, by City of Chesapeake, Virginia. (mwin, ) (Entered: 03/30/2007)

Letter from defendant titled "Certification". (jcow, ) (Entered: 04/02/2007)

Memorandum in Support re [71] MOTION for Hearing re [69] MOTION to Quash filed by City of Chesapeake, Virginia, received. (jcow, ) (Entered: 04/02/2007)

Minute Entry for proceedings held before District Judge Raymond A. Jackson : Appearances: Michael Alexis, Sonya Rao, Darlene Bradberry and Thomas Salb. Motion Hearing held on 4/2/2007 re [57] MOTION for Protective Order filed by UNITED STATES OF AMERICA, [45] MOTION for Protective Order filed by City of Chesapeake, Virginia. Argued. Court DENIED #45 motion. Court GRANTED #57 motion. Argument heard on #69 motion to quash. Motion to quash moot (parties to confer)Court will prepare an order. (Court Reporter Sharon Borden, OCR) (glen) (Entered: 04/02/2007)

MEMORANDUM ORDER denying defendant's [45] Motion for Protective Order; granting plaintiff's [57] Motion for Protective Order; finding as moot [69] Motion to Quash; granting [71] Motion for expedited Hearing on motion to quash; further ordering that the parties be allowed to schedule defendant's deposition of Allen Fromen outside of the discovery period. Signed by Judge Raymond A. Jackson on 4/4/07 and filed 4/5/07. Copies mailed: 4/5/07 (jcow, ) (Entered: 04/05/2007)

Minute Entry for proceedings held before Judge Raymond A. Jackson : Scheduling Conference held on 4/10/2007. (Court Reporter Sharon Borden, OCR) (glen) (Entered: 05/08/2007)

TRANSCRIPT of Proceedings held on 4/2/07 before Judge Raymond A. Jackson. Court Reporter: Sharon Borden. (jcow, ) (Entered: 04/11/2007)

MOTION for Sharon Seeley to appear Pro hac vice by UNITED STATES OF AMERICA. (jcow, ) (Entered: 04/12/2007)

MOTION for Sharon Seeley to appear Pro hac vice by UNITED STATES OF AMERICA. (jcow, ) (Entered: 04/12/2007)

ORDER on motion, granting [78] Motion for Pro hac vice, Appointed Sharon Ann Seeley for UNITED STATES OF AMERICA. Signed by Judge Raymond A. Jackson on 4/12/07 and filed 4/13/07. Copies mailed: 4/13/07 (jcow, ) (Entered: 04/13/2007)

NOTICE of motion for sealing order by Stanard and Associates, Inc., UNITED STATES OF AMERICA, City of Chesapeake, Virginia (jcow, ) (Entered: 04/26/2007)

MOTION for Protective Order by UNITED STATES OF AMERICA, Stanard and Associates, Inc.. (jcow, ) (Entered: 04/26/2007)

Memorandum in Support re [80] MOTION for Protective Order filed by UNITED STATES OF AMERICA, Stanard and Associates, Inc., City of Chesapeake, Virginia, received. (jcow, ) (Entered: 04/26/2007)

MOTION for Protective Order by UNITED STATES OF AMERICA. (Attachments: # (1) Proposed Order # (2) Memorandum in Support# (3) Exhibits to Memorandum in Support)(Alexis, Michael) (Entered: 04/27/2007)

Minute Entry for proceedings held before Judge Raymond A. Jackson in chambers: Telephone Conference held on 4/27/2007. (glen) (Entered: 05/08/2007)

Notice of Correction as to document number 82: The document was electronically filed in a paper case. The filing user was notified to file an original paper document with the clerks office, and the document has been removed from the docket sheet (jcow, ) (Entered: 04/30/2007)