Case: Washington Park Lead Comm. v. EPA

2:98-cv-00421 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 17, 1998

Clearinghouse coding in progress

Case Summary

None

People


Judge(s)

Friedman, Jerome B. (Virginia)

Attorneys(s) for Plaintiff

Bailey, David Sanburg (Virginia)

Henderson, Thomas J. (District of Columbia)

Nepveu, Julie (District of Columbia)

Whitehead, Damon P. (District of Columbia)

Attorneys(s) for Defendant

Acosta, Luis M. (District of Columbia)

Bates, Alfred William III (Virginia)

Boynton, Christopher Scott (Virginia)

Buxton, Ralph Walling (Virginia)

Cherry, Nancy Bennett (Virginia)

Judge(s)

Friedman, Jerome B. (Virginia)

Attorneys(s) for Plaintiff

Bailey, David Sanburg (Virginia)

Henderson, Thomas J. (District of Columbia)

Nepveu, Julie (District of Columbia)

Whitehead, Damon P. (District of Columbia)

Attorneys(s) for Defendant

Acosta, Luis M. (District of Columbia)

Bates, Alfred William III (Virginia)

Boynton, Christopher Scott (Virginia)

Buxton, Ralph Walling (Virginia)

Cherry, Nancy Bennett (Virginia)

Gorry, James A. III (Virginia)

Hansen, Susan Taylor (Virginia)

Keith, D Judith (District of Columbia)

Leadbeater, Lea D. (Illinois)

Mathews, Eugene Edward III (Virginia)

Oksman, George Timothy (Virginia)

Shaw, Stephen (District of Columbia)

Sheehan, John A. (District of Columbia)

Sitcov, Michael (District of Columbia)

Sowles, Marcia Kay (District of Columbia)

Van Cleve, George (District of Columbia)

Warren, Paul Lee (Virginia)

Watt, Susan Lynn (Virginia)

Other Attorney(s)

Nance, Carol Smith (Virginia)

Documents in the Clearinghouse

Document

2:98-cv-00421

Docket [PACER]

Washington Park Lead Committee v. Environmental Protection Agency

Jan. 6, 2006

Jan. 6, 2006

Docket
48

2:98-cv-00421

Order Denying Defendants' Motion to Dismiss

Washington Park Lead Committee v. Environmental Protection Agency

1998 WL 1053712

Dec. 1, 1998

Dec. 1, 1998

Order/Opinion
103

2:98-cv-00421

Order Granting Motion for Leave to File Response to Supplemental Briefs, Dismissing Counts V & VI

Washington Park Lead Committee v. Environmental Protection Agency

1999 WL 33518140

July 12, 1999

July 12, 1999

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee $ 150.00 Receipt # 16863 (Filed in Alexandria Division) (ariv) (Entered: 04/20/1998)

April 17, 1998

April 17, 1998

SUMMONS, with 1 copy, issued for Environmental Protec for service on Helen F. Fahey, U.S. Attorney, and delivered to counsel. Magistrate Notice. (clerk) (Entered: 04/22/1998)

April 22, 1998

April 22, 1998

SUMMONS, with 1 copy, issued for Environmental Protec for service on Janet REno, Attorney General, and delivered to counsel. Magistrate notice. (clerk) (Entered: 04/22/1998)

April 22, 1998

April 22, 1998

SUMMONS, with 1 copy, issued for Carol M. Browner and delivered to counsel. Magistrate notice. (clerk) (Entered: 04/22/1998)

April 22, 1998

April 22, 1998

SUMMONS, with 1 copy, issued for W. Michael McCabe and delivered to counsel. Magistrate notice. (clerk) (Entered: 04/22/1998)

April 22, 1998

April 22, 1998

SUMMONS, with 1 copy, issued for Environmental Protec for service on Jonathan Z. Cannon issued and delivered to counsel. Magistrate notice. (clerk) (Entered: 04/22/1998)

April 22, 1998

April 22, 1998

2

WAIVER OF SERVICE Returned Executed as to Portsmouth, City of 4/20/98 Answer due on 6/19/98 for Portsmouth, City of (clerk) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

3

SUMMONS Returned Executed as to Environmental Protec (U.S. Environmental Protection Agency and Helen F. Fahey served by certified mail 4/27/98, The Honorable Janet Reno also served, but date of delivery not completed) (clerk) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

**Suspense 6/3/98 (need certificate regarding service from U.S. Attorney) (clerk) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

4

SUMMONS Returned Executed as to Carol M. Browner 4/27/98 Answer due on 6/26/98 for Carol M. Browner (clerk) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

5

SUMMONS Returned Executed as to W. Michael McCabe 4/28/98 Answer due on 6/29/98 for W. Michael McCabe (clerk) (Entered: 05/06/1998)

May 4, 1998

May 4, 1998

6

Certificate Reporting Service of summons by certified mail on U.S. Attorney in Alexandria on 4/27/98 for Environmental Protec, Carol M. Browner, W. Michael McCabe (ariv) (Entered: 05/07/1998)

May 6, 1998

May 6, 1998

Deadline updated; reset Answer deadline to 6/26/98 for W. Michael McCabe, for Carol M. Browner, for Environmental Protec (ariv) (Entered: 05/07/1998)

May 6, 1998

May 6, 1998

7

WAIVER OF SERVICE Returned Executed as to Portsmouth Redevelop 4/20/98, Answer due on 6/19/98 for Portsmouth Redevelop (arou) (Entered: 05/15/1998)

May 14, 1998

May 14, 1998

9

WAIVER OF SERVICE Returned Executed as to Portsmouth Redevelop re notice of 4/20/98. Answer due on 6/19/98 for Portsmouth Redevelop (mwin) (Entered: 05/22/1998)

May 21, 1998

May 21, 1998

10

WAIVER OF SERVICE Returned Executed as to Portsmouth, City of, re notice of 4/20/98. Answer due on 6/19/98 for Portsmouth, City of (mwin) (Entered: 05/22/1998)

May 21, 1998

May 21, 1998

11

MOTION by W. Michael McCabe, Carol M. Browner, Environmental Protec to Extend Time to respond to complaint (ariv) (Entered: 06/16/1998)

June 11, 1998

June 11, 1998

12

MOTION by City of Portsmouth to Dismiss (ariv) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

13

MEMORANDUM in support of [12−1] motion to Dismiss by City of Portsmouth, received. (ariv) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

14

ORDER granting [11−1] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec to Extend Time to respond to complaint, reset Answer deadline to 6/30/98 for W. Michael McCabe, for Carol M. Browner, for Environmental Protec , agreed, entered 6/15/98 and filed 6/16/98, ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 6/16/98 (ariv) (Entered: 06/17/1998)

June 16, 1998

June 16, 1998

15

MOTION by Danny E. Cruse to Dismiss (ariv) (Entered: 06/17/1998)

June 16, 1998

June 16, 1998

16

MEMORANDUM in support of [15−1] motion Dismiss by Danny E. Cruse, received. (ariv) (Entered: 06/17/1998)

June 16, 1998

June 16, 1998

17

MOTION by Danny E. Cruse, Portsmouth Redevelop for denial of class certification , and by Danny E. Cruse, Portsmouth Redevelop to Dismiss plaintiff Washington Park Lead Committee (ariv) (Entered: 06/17/1998)

June 16, 1998

June 16, 1998

18

MEMORANDUM in support of [17−1] motion for denial of class certification, [17−2] motion to Dismiss plaintiff Washington Park Lead Committee by Danny E. Cruse, Portsmouth Redevelop, received. (ariv) (Entered: 06/17/1998)

June 16, 1998

June 16, 1998

19

MOTION by Portsmouth Redevelop to Dismiss (ariv) (Entered: 06/17/1998)

June 16, 1998

June 16, 1998

Mag. notice, etc., mailed to counsel for non−USA defendants. (ariv) (Entered: 06/17/1998)

June 17, 1998

June 17, 1998

20

MEMORANDUM in support of [19−1] motion to Dismiss by Portsmouth Redevelop, received. (ariv) (Entered: 06/18/1998)

June 17, 1998

June 17, 1998

Deadline updated; set Answer deadline to 6/30/98 for W. Michael McCabe, for Carol M. Browner, for Environmental Protec , Response to Motion reset to 6/26/98 for [12−1] motion by City of Portsmouth to Dismiss , Response to Motion reset to 6/30/98 for [19−1] motion by Portsmouth Redevelop to Dismiss, for [17−1] motion by Danny E. Cruse, Portsmouth Redevelop for denial of class certification, for [17−2] motion by Danny E. Cruse, Portsmouth Redevelop to Dismiss plaintiff Washington Park Lead Committee, for [15−1] motion by Danny E. Cruse to Dismiss (ariv) (Entered: 06/18/1998)

June 17, 1998

June 17, 1998

21

MOTION by Pneumo Abex Corp. to Dismiss for failure to state a claim and for lack of subject matter jurisdiction (ariv) (Entered: 07/01/1998)

June 19, 1998

June 19, 1998

22

MEMORANDUM in support of [21−1] motion to Dismiss for failure to state a claim and for lack of subject matter jurisdiction by Pneumo Abex Corp., received. (ariv) (Entered: 07/01/1998)

June 19, 1998

June 19, 1998

23

Consent to trial by Magistrate by City of Portsmouth (ariv) (Entered: 07/02/1998)

June 25, 1998

June 25, 1998

24

MOTION by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead to Extend Time to respond to motions (ariv) (Entered: 07/02/1998)

June 25, 1998

June 25, 1998

25

ORDER granting [24−1] motion by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead to Extend Time to respond to motions, Response to Motion reset to 7/13/98 for [21−1] motion by Pneumo Abex Corp. to Dismiss for failure to state a claim and for lack of subject matter jurisdiction, for [19−1] motion by Portsmouth Redevelop to Dismiss, for [17−1] motion by Danny E. Cruse, Portsmouth Redevelop for denial of class certification, for [17−2] motion by Danny E. Cruse, Portsmouth Redevelop to Dismiss plaintiff Washington Park Lead Committee, for [15−1] motion by Danny E. Cruse to Dismiss, for [12−1] motion by City of Portsmouth to Dismiss and for Federal defendants anticipated motion to dismiss, agreed, entered and filed 6/25/98, ( signed by Judge J. C. Clarke Jr. ) Copies Mailed: 6/25/98 (ariv) (Entered: 07/02/1998)

June 25, 1998

June 25, 1998

26

MOTION by defendants to Extend Time to reply to responses to motions , filed subject to defect (endorsement of plaintiff's counsel defective − attorney not admitted to practice) (ariv) (Entered: 07/02/1998)

June 30, 1998

June 30, 1998

27

MOTION by W. Michael McCabe, Carol M. Browner, Environmental Protec to Dismiss (ariv) (Entered: 07/02/1998)

June 30, 1998

June 30, 1998

28

MEMORANDUM in support of [27−1] motion by to Dismiss by W. Michael McCabe, Carol M. Browner, Environmental Protec, received. (ariv) (Entered: 07/02/1998)

June 30, 1998

June 30, 1998

Deadline updated; Response to Motion reset to 7/13/98 for [27−1] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec to Dismiss (ariv) (Entered: 07/02/1998)

June 30, 1998

June 30, 1998

29

ORDER granting [26−1] motion by defendants to Extend Time to reply to responses to motions, Reply to Response to Motion reset to 7/27/98 for [27−1] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec to Dismiss, for [21−1] motion by Pneumo Abex Corp. to Dismiss for failure to state a claim and for lack of subject matter jurisdiction, for [19−1] motion by Portsmouth Redevelop to Dismiss, for [17−1] motion by Danny E. Cruse, Portsmouth Redevelop for denial class certification, for [17−2] motion by Danny E. Cruse, Portsmouth Redevelop to Dismiss plaintiff Washington Park Lead Committee, for [15−1] motion by Danny E. Cruse to Dismiss, for [12−1] motion by City of Portsmouth to Dismiss , agreed, entered and filed 7/2/98, ( signed by Judge J. Calvitt Clarke, Jr. ) Copies Mailed: 7/2/98 (ariv) (Entered: 07/02/1998)

July 2, 1998

July 2, 1998

30

MEMORANDUM by Washington Park Lead, Helen M. Person, Henrietta Harrell, Cecelia Mae High, Carol Ann Barrett in opposition to [21−1] motion by Pneumo Abex Corp. to Dismiss for failure to state a claim and for lack of subject matter jurisdiction by Pneumo Abex Corp., [19−1] motion by Portsmouth Redevelop to Dismiss by Portsmouth Redevelop, [17−1] motion by Danny E. Cruse, Portsmouth Redevelop for denial of class certification by Danny E. Cruse, Portsmouth Redevelop, [17−2] motion by Danny E. Cruse, Portsmouth Redevelop to Dismiss plaintiff Washington Park Lead Committee by Danny E. Cruse, Portsmouth Redevelop, [15−1] motion by Danny E. Cruse to Dismiss by Danny E. Cruse, [12−1] motion by City of Portsmouth to Dismiss by Portsmouth, City of, received. (clerk) (Entered: 07/15/1998)

July 13, 1998

July 13, 1998

Motion hearing re: [27−1] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec to Dismiss, [21−1] motion by Pneumo Abex Corp. to Dismiss for failure to state a claim and for lack of subject matter jurisdiction, [19−1] motion by Portsmouth Redevelop to Dismiss, [17−2] motion by Danny E. Cruse, Portsmouth Redevelop to Dismiss plaintiff Washington Park Lead Committee, [15−1] motion by Danny E. Cruse to Dismiss, [12−1] motion by City of Portsmouth to set at 2:00 p.m. on 9/23/98 (clerk) (Entered: 07/16/1998)

July 15, 1998

July 15, 1998

31

MOTION by Danny E. Cruse, Portsmouth Redevelop to Extend Time in Which to Set a Hearing Regarding Defendants' Motions for Denial of Class Certification and for Dismissal of Plaintiff Washington Park Lead Committee, Inc. (clerk) (Entered: 07/22/1998)

July 16, 1998

July 16, 1998

32

MEMORANDUM by Portsmouth Redevelop, Danny E. Cruse in support of [31−1] motion by Danny E. Cruse, Portsmouth Redevelop to Extend Time, received. (clerk) (Entered: 07/22/1998)

July 16, 1998

July 16, 1998

33

NOTICE of Hearing: by defendants on Defendants' Motion to Dismiss set on 9/23/98 at 2:00 p.m. (clerk) Modified on 07/22/1998 (Entered: 07/22/1998)

July 17, 1998

July 17, 1998

35

REPLY by Portsmouth Redevelop to response to [19−1] motion by Portsmouth Redevelop to Dismiss, received. (clerk) (Entered: 07/24/1998)

July 24, 1998

July 24, 1998

36

MOTION by W. Michael McCabe, Carol M. Browner, Environmental Protec to Extend Time to serve their rebuttal brief in support of Federal Defendants' Motion to Dismiss and to file their rebuttal brief (clerk) (Entered: 07/24/1998)

July 24, 1998

July 24, 1998

37

ORDER granting [36−1] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec to Extend Time to 7/27/98 to serve their rebuttal brief and until 7/28/98 to file the rebuttal brief; entered and filed 7/24/98 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 7/28/98 (clerk) (Entered: 07/29/1998)

July 24, 1998

July 24, 1998

38

NOTICE of Hearing: by defendant, Pneumo Abex, on their Motion to Dismiss set on 9/23/98 at 2:00 p.m. (clerk) (Entered: 07/29/1998)

July 24, 1998

July 24, 1998

39

REPLY by Portsmouth, City of to response to [12−1] motion by City of Portsmouth to Dismiss, received (clerk) (Entered: 07/29/1998)

July 27, 1998

July 27, 1998

40

REPLY by Pneumo Abex Corp. to response to [21−1] motion by Pneumo Abex Corp. to Dismiss for failure to state a claim and for lack of subject matter jurisdiction, received. (clerk) (Entered: 07/29/1998)

July 27, 1998

July 27, 1998

41

REPLY by Environmental Protec, Carol M. Browner, W. Michael McCabe to response to [27−1] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec to Dismiss, received. (clerk) (Entered: 07/29/1998)

July 28, 1998

July 28, 1998

42

NOTICE of Hearing: on Porthmouth Redevelopment and Housing Authority and Danny E. Cruce's Motion to Dismiss set on 9/23/98 at 2:00 p.m. (clerk) (Entered: 08/06/1998)

Aug. 3, 1998

Aug. 3, 1998

43

MOTION by Pneumo Abex Corp. for Admission of Foreign Attorneys (arou) (Entered: 09/09/1998)

Sept. 2, 1998

Sept. 2, 1998

44

MOTION by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead for admission of foreign attorneys (ariv) (Entered: 09/22/1998)

Sept. 16, 1998

Sept. 16, 1998

45

NOTICE of supplemental case authority, by Washington Park Lead, Helen M. Person, Henrietta Harrell, Cecelia Mae High, Carol Ann Barrett (ariv) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

46

MOTION by Portsmouth Redevelop for admission of foreign attorney George Van Cleve (ariv) (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

Motion hearing held re: [27−1] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec to Dismiss by W. Michael McCabe, Carol M. Browner, Environmental Protec, [21−1] motion by Pneumo Abex Corp. to Dismiss for failure to state a claim and for lack of subject matter jurisdiction by Pneumo Abex Corp., [17−2] motion by Danny E. Cruse, Portsmouth Redevelop to Dismiss plaintiff Washington Park Lead Committee by Danny E. Cruse, Portsmouth Redevelop, [15−1] motion by Danny E. Cruse to Dismiss by Danny E. Cruse, [12−1] motion by City of Portsmouth to Dismiss by Portsmouth, City of (jtho) Modified on 09/24/1998 (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

47

Minute entry: HEARING PROCEEDINGS: JBF, j; Sue Ash, OCR; appearances by counsel; came on for hearing on defts' motions to dismiss; arguments heard; rebuttal heard; with agreement of counsel and court, Danny E. Cruse dismissed from case; court takes matter under advisement and will prepare an order (jtho) Modified on 09/24/1998 (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

Deadline updated; granting [46−1] motion by Portsmouth Redevelop for admission of foreign attorney George Van Cleve, granting [44−1] motion by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead for admission of foreign attorneys, granting [43−1] motion by Pneumo Abex Corp. for Admission of Foreign Attorneys (ariv) (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

49

AMENDED COMPLAINT by Washington Park Lead, Helen M. Person, Henrietta Harrell, Cecelia Mae High, Carol Ann Barrett (Answer due 1/4/99 for Pneumo Abex Corp., for Portsmouth Redevelop, for Portsmouth, City of, for W. Michael McCabe, for Carol M. Browner, for Environmental Protec ) amending [1−1] complaint ; (ariv) (Entered: 12/17/1998)

Dec. 15, 1998

Dec. 15, 1998

50

MOTION by all defendants to Extend Time to respond to amended complaint (ariv) (Entered: 12/31/1998)

Dec. 30, 1998

Dec. 30, 1998

51

ORDER granting [50−1] motion by all defendants to Extend Time to respond to amended complaint, reset Answer deadline to 1/19/99 for Pneumo Abex Corp., for Portsmouth Redevelop, for Portsmouth, City of, for W. Michael McCabe, for Carol M. Browner, for Environmental Protec , agreed, entered 1/5/99 and filed 1/6/99, ( signed by Judge Jerome B. Friedman ) Copies Mailed: 1/6/99 (ariv) (Entered: 01/07/1999)

Jan. 6, 1999

Jan. 6, 1999

52

MOTION by W. Michael McCabe, Carol M. Browner, Environmental Protec for Reconsideration of [48−1] order denying motion to dismiss complaint , and by W. Michael McCabe, Carol M. Browner, Environmental Protec to Dismiss amended complaint (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

53

MEMORANDUM in support of [52−1] motion for Reconsideration of [48−1] order denying motion to dismiss complaint, [52−2] motion to Dismiss amended complaint by W. Michael McCabe, Carol M. Browner, Environmental Protection, received. (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

54

ANSWER by Portsmouth Redevelopment to amended complaint (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

55

MOTION by Portsmouth Redevelop to Amend [48−1] order , and by Portsmouth Redevelop for certification under 28 USC 1292(b) (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

56

MEMORANDUM in support of [55−1] motion to Amend [48−1] order, [55−2] motion for certification under 28 USC 1292(b) by Portsmouth Redevelop, received. (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

57

MOTION by Portsmouth Redevelop to Join U.S. Department of Housing and Urban Development as a necessary party (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

58

MEMORANDUM in support of [57−1] motion to Join U.S. Department of Housing and Urban Development as a necessary party by Portsmouth Redevelop, received. (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

59

MOTION by Portsmouth Redevelop to Dismiss amended complaint (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

60

MEMORANDUM in support of [59−1] motion to Dismiss amended complaint by Portsmouth Redevelop, received. (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

61

ANSWER by City of Portsmouth to amended complaint (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

62

ANSWER by Pneumo Abex Corp. to Counts II and III of amended complaint (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

63

MOTION by Pneumo Abex Corp. to Dismiss Counts IV, V, and VI of amended complaint for failure ot state a claim and for lack of subject matter jurisdiction (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

64

MEMORANDUM in support of [63−1] motion to Dismiss Counts IV, V, and VI of amended complaint for failure ot state a claim and for lack of subject matter jurisdiction by Pneumo Abex Corp., received. (ariv) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

66

MEMORANDUM in support of [65−1] motion to Amend [48−1] order denying motions to dismiss, [65−2] motion for certification under 28 USC 1292(b) by Pneumo Abex Corp., received. (ariv) (Entered: 01/27/1999)

Jan. 22, 1999

Jan. 22, 1999

67

MEMORANDUM by Portsmouth Redevelop in opposition to [57−1] motion by Portsmouth Redevelop to Join U.S. Department of Housing and Urban Development as a necessary party by Portsmouth Redevelop, received. (rlam) (Entered: 02/10/1999)

Feb. 2, 1999

Feb. 2, 1999

68

MOTION by Portsmouth, City of for Judgment on the Pleadings regarding Courts IV, V and VI of the amended complaint (rlam) (Entered: 02/10/1999)

Feb. 5, 1999

Feb. 5, 1999

69

MEMORANDUM by Portsmouth, City of in support of [68−1] motion by Portsmouth, City of for Judgment on the Pleadings regarding Courts IV, V and VI of the amended complaint by Portsmouth, City of, received. (rlam) (Entered: 02/10/1999)

Feb. 5, 1999

Feb. 5, 1999

70

MOTION by Portsmouth, City of for Reconsideration of [48−1] order set Amended Pleadings deadline to 12/15/98 , or, in the alternative by Portsmouth, City of to Amend [48−1] order set Amended Pleadings deadline to 12/15/98 , and by Portsmouth, City of request for certification under 28 USC 1292(b) (rlam) (Entered: 02/10/1999)

Feb. 5, 1999

Feb. 5, 1999

71

MEMORANDUM by Portsmouth, City of in support of [70−1] motion by Portsmouth, City of for Reconsideration of [48−1] order set Amended Pleadings deadline to 12/15/98 by Portsmouth, City of, [70−2] motion by Portsmouth, City of to Amend [48−1] order set Amended Pleadings deadline to 12/15/98 by Portsmouth, City of, [70−3] motion by Portsmouth, City of request for certification under 28 USC 1292(b) by Portsmouth, City of, received. (rlam) (Entered: 02/10/1999)

Feb. 5, 1999

Feb. 5, 1999

72

RESPONSE (Statement in support) by Portsmouth, City of to [70−2] motion by Portsmouth, City of to Amend [48−1] order set Amended Pleadings deadline to 12/15/98 by Portsmouth, City of, [70−3] motion by Portsmouth, City of request for certification under 28 USC 1292(b) by Portsmouth, City of (rlam) (Entered: 02/10/1999)

Feb. 5, 1999

Feb. 5, 1999

73

REPLY by Portsmouth Redevelop to [67−1] response to [57−1] motion by Portsmouth Redevelop to Join U.S. Department of Housing and Urban Development as a necessary party by Portsmouth Redevelop, received. (rlam) (Entered: 02/10/1999)

Feb. 9, 1999

Feb. 9, 1999

74

MOTION by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead to Extend Time to respond to motions , and by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead to file a consolidated brief (ariv) (Entered: 02/18/1999)

Feb. 12, 1999

Feb. 12, 1999

Motion hearing re: [68−1] motion by Portsmouth, City of for Judgment on the Pleadings regarding Counts IV, V and VI of the amended complaint, [63−1] motion by Pneumo Abex Corp. to Dismiss Counts IV, V, and VI of complaint for failure ot state a claim and for lack of subject matter jurisdiction, [59−1] motion by Portsmouth Redevelop to Dismiss amended complaint, [52−2] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec to Dismiss amended complaint set at 10:00 A.M. on 4/13/99 (ariv) (Entered: 03/09/1999)

Feb. 24, 1999

Feb. 24, 1999

75

MOTION by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead to Extend Time to respond to motions , and by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead to file a consolidated brief (ariv) (Entered: 03/09/1999)

Feb. 24, 1999

Feb. 24, 1999

76

ORDER granting [75−1] motion by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead to Extend Time to respond to motions, extending time until 2/26/99 for plaintiffs to respond to PRHA's motion to dismiss; granting [75−2] motion by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead to file a consolidated brief responding to all defendants' motions to dismiss, entered and filed 2/26/99, ( signed by Judge Jerome B. Friedman ) Copies Mailed: 2/26/99 (ariv) (Entered: 03/09/1999)

Feb. 26, 1999

Feb. 26, 1999

77

MEMORANDUM by Washington Park Lead, Helen M. Person, Henrietta Harrell, Cecelia Mae High, Carol Ann Barrett in opposition to [59−1] motion by Portsmouth Redevelop to Dismiss amended complaint, [55−1] motion by Portsmouth Redevelop to Amend [48−1] order, [55−2] motion by Portsmouth Redevelop for certification under 28 USC 1292(b), [52−1] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec for Reconsideration of [48−1] order denying motion to dismiss complaint, [52−2] motion by W. Michael McCabe, Carol M. Browner, Protec to Dismiss amended complaint, received. (ariv) (Entered: 03/09/1999)

Feb. 26, 1999

Feb. 26, 1999

78

NOTICE of hearing on motion to dismiss Counts IV, V, and VI of plaintiffs' first amended complaint on 4/13/99 at 10:00 A.M., by Pneumo Abex Corp. (ariv) (Entered: 03/09/1999)

March 2, 1999

March 2, 1999

79

NOTICE of hearing on motion for reconsideration and motion to dismiss amended complaint on 4/13/99 at 10:00 A.M., by Environmental Protec, Carol M. Browner, W. Michael McCabe (ariv) (Entered: 03/09/1999)

March 4, 1999

March 4, 1999

80

MOTION by all defendants to Extend Time to file rebuttal to motions (ariv) (Entered: 03/09/1999)

March 8, 1999

March 8, 1999

81

ORDER granting [80−1] motion by all defendants to Extend Time to file rebuttal to motions; and directing said rebuttal briefs to be filed by 3/18/99, agreed, entered and filed 3/9/99, ( signed by Judge Jerome B. Friedman ) Copies Mailed: 3/9/99 (ariv) (Entered: 03/09/1999)

March 9, 1999

March 9, 1999

82

REPLY BRIEF by Pneumo Abex Corp. to plaintiffs' response to [65−1] motion by Pneumo Abex Corp. to Amend [48−1] order denying motions to dismiss, [65−2] motion by Pneumo Abex Corp. for certification under 28 USC 1292(b) , [63−1] motion by Pneumo Abex Corp. to Dismiss Counts IV, V, and VI of amended complaint for failure to state a claim and for lack of subject matter jurisdiction, received. (ariv) (Entered: 03/19/1999)

March 18, 1999

March 18, 1999

83

REPLY BRIEF by Environmental Protec, Carol M. Browner, W. Michael McCabe to plaintiffs' response to [52−1] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec for Reconsideration of [48−1] order denying motion to dismiss complaint, [52−2] motion by W. Michael McCabe, Carol M. Browner, Environmental Protec to Dismiss amended complaint, received. (ariv) (Entered: 03/19/1999)

March 18, 1999

March 18, 1999

84

NOTICE of hearing on motions by Portsmouth, City of (ariv) (Entered: 03/19/1999)

March 18, 1999

March 18, 1999

85

REPLY BRIEF by Portsmouth Redevelop to plaintiffs' response to [59−1] motion by Portsmouth Redevelop to Dismiss amended complaint, received. (ariv) (Entered: 03/19/1999)

March 19, 1999

March 19, 1999

86

NOTICE of hearing on motions to dismiss amended complaint on 4/13/99 at 10:00 A.M. by Portsmouth Redevelop (ariv) (Entered: 04/05/1999)

March 25, 1999

March 25, 1999

87

MOTION by Portsmouth Redevelop for Protective Order (ariv) (Entered: 04/05/1999)

March 29, 1999

March 29, 1999

88

MEMORANDUM in support of [87−1] motion for Protective Order by Portsmouth Redevelopment, received. (ariv) (Entered: 04/05/1999)

March 29, 1999

March 29, 1999

89

MOTION by Carol Ann Barrett, Cecelia Mae High, Henrietta Harrell, Helen M. Person, Washington Park Lead for leave to submit corrected order (ariv) (Entered: 04/09/1999)

April 6, 1999

April 6, 1999

91

MEMORANDUM by Washington Park Lead, Helen M. Person, Henrietta Harrell, Cecelia Mae High, Carol Ann Barrett in opposition to [87−1] motion by Portsmouth Redevelop for Protective Order, received. (Received on 4/12/99, certificate of service received 4/13/99) (ariv) (Entered: 04/13/1999)

April 13, 1999

April 13, 1999

Case Details

State / Territory: Virginia

Case Type(s):

Environmental Justice

Key Dates

Filing Date: April 17, 1998

Plaintiffs

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Slavery/Involuntary servitude

Outcome

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black