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1
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Complaint (Filing Fee: $400, Receipt Number: 0422-6625497), filed by Steven Riddick, Brian Cavitt, Frederick Hammer, William Thorpe, Vernon Brooks, Dmitry Khavkin, Christopher Cottrell, Kevin Snodgrass, Derek Cornelison, Gerald McNabb, Peter Mukuria, and Gary Wall. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11) (Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
1 Civil Cover Sheet
View on PACER
2 Exhibit 1-A
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3 Exhibit 1-B
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4 Exhibit 1-C
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5 Exhibit 2
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6 Exhibit 3
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7 Exhibit 4
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8 Exhibit 5
View on PACER
9 Exhibit 6
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10 Exhibit 7
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11 Exhibit 8
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12 Exhibit 9
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13 Exhibit 10
View on PACER
14 Exhibit 11
View on PACER
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May 6, 2019
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May 6, 2019
Clearinghouse
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2
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Proposed Summons re 1 Complaint,, by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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May 6, 2019
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May 6, 2019
PACER
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3
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Summons Issued as to Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. NOTICE TO ATTORNEY: REMOVE HEADERS and print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (smej, ) [Transferred from Virginia Eastern on 4/21/2020.]
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May 7, 2019
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May 7, 2019
PACER
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Case Assigned/Reassigned
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May 7, 2019
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May 7, 2019
PACER
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Initial Case Assignment to District Judge Robert E. Payne. (smej, ) [Transferred from Virginia Eastern on 4/21/2020.]
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May 7, 2019
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May 7, 2019
PACER
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4
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Motion to appear Pro Hac Vice by Maxwell Kalmann and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639863. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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May 14, 2019
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May 14, 2019
PACER
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5
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Motion to appear Pro Hac Vice by Daniel Levin and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639888. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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May 14, 2019
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May 14, 2019
PACER
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6
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Motion to appear Pro Hac Vice by Owen Pell and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639895. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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May 14, 2019
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May 14, 2019
PACER
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7
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Motion to appear Pro Hac Vice by Kristen McAhren and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639911. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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May 14, 2019
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May 14, 2019
PACER
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8
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Motion to appear Pro Hac Vice by Timothy Wilson and Certification of Local Counsel Alyson Cox Filing fee $ 75, receipt number 0422-6639914. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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May 14, 2019
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May 14, 2019
PACER
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14
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SUMMONS Returned Executed as to Harold Clarke, Steve Herrick, Denise Malone, Randall C. Mathena, Tori Raiford, H. Scott Richeson, A. David Robinson, and Virginia Department Of Corrections served on 5/10/2019, answer due 5/31/2019. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.] (Entered: 05/17/2019)
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May 16, 2019
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May 16, 2019
PACER
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9
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ORDER GRANTING 4 Motion for Maxwell Jacob Kalmann to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
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May 17, 2019
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May 17, 2019
PACER
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10
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ORDER GRANTING 5 Motion for Daniel Bernard Levin to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
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May 17, 2019
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May 17, 2019
PACER
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11
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ORDER GRANTING 6 Motion for Owen Cary Pell to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
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May 17, 2019
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May 17, 2019
PACER
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12
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ORDER GRANTING 7 Motion for Kristen Jentsch McAhren to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
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May 17, 2019
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May 17, 2019
PACER
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13
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ORDER GRANTING 8 Motion for Timothy Lawrence Wilson, Jr. to appear Pro hac vice for Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, and Gary Wall. Signed by District Judge Robert E. Payne on 5/15/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
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May 17, 2019
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May 17, 2019
PACER
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15
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SUMMONS Returned Executed as to: Marcus Elam served on 5/14/2019, answer due 6/4/2019; Jeffrey Kiser served on 5/16/2019, answer due 6/6/2019; Carl Manis served on 5/15/2019, answer due 6/5/2019; Henry J. Ponton served on 5/14/2019, answer due 6/4/2019. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
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May 23, 2019
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May 23, 2019
PACER
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16
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NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
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May 30, 2019
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May 30, 2019
PACER
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17
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Joint MOTION for Extension of Time to File Response/Reply as to 1 Complaint,, and for Entry of a Consent Briefing Order by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson. (Attachments: # 1 Proposed Order)(O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
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May 31, 2019
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May 31, 2019
PACER
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18
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MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction by Virginia Department Of Corrections. (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
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May 31, 2019
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May 31, 2019
PACER
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19
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Memorandum in Support re 18 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Virginia Department Of Corrections. (Attachments: # 1 Exhibit 1 - 1997 Court Order, # 2 Exhibit 2 - 1981 Complaint, # 3 Exhibit 3 - 1982 Amended Complaint, # 4 Exhibit 4 - 1983 Settlement Agreement, # 5 Exhibit 5 - April 1983 Court Order, # 6 Exhibit 6 - August 1983 Court Order, # 7 Exhibit 7 - 1983 Memorandum Opinion, # 8 Exhibit 8 - 1985 Order and Settlement Agreement, # 9 Exhibit 9 - Mem in Support Entry of Modified Decree, # 10 Exhibit 10 - 1984 Show Cause Motion, # 11 Exhibit 11 - Special Grand Jury Report)(O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
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May 31, 2019
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May 31, 2019
PACER
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20
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ORDER that the 17 Joint Motion for Enlargement of Time to File Initial Responsive Pleadings and for Entry of a Consent Briefing Order is granted. It is further ORDERED that: All individual defendants shall file their Answers and any other motions with respect to the Complaint by June 14, 2019; the plaintiffs shall file their responses to any filed motions by July 9, 2019; and, the individual defendants shall file their replies in support of any filed motions by July 15, 2019. It is SO ORDERED. Signed by Magistrate Judge David J. Novak on 6/4/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
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June 4, 2019
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June 4, 2019
PACER
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21
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MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson. (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
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June 14, 2019
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June 14, 2019
PACER
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22
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Memorandum in Support re 21 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson. (Attachments: # 1 Exhibit 1 - OP 830.2, # 2 Exhibit 2 - OP 841.4, # 3 Exhibit 3 - OP 830.1, # 4 Exhibit 4 - OP 730.3)(O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
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June 14, 2019
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June 14, 2019
PACER
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23
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Opposition to 18 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Attachments: # 1 Exhibit A)(Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
1 Exhibit A
View on PACER
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June 14, 2019
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June 14, 2019
RECAP
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24
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ANSWER to Complaint by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson.(O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
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June 14, 2019
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June 14, 2019
RECAP
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25
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REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Virginia Department Of Corrections. (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
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June 20, 2019
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June 20, 2019
PACER
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26
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Memorandum in Opposition to 21 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) Modified docket text on 7/10/2019 (jsau, ). [Transferred from Virginia Eastern on 4/21/2020.]
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July 9, 2019
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July 9, 2019
PACER
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27
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REPLY to Response to Motion re 21 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson. (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
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July 15, 2019
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July 15, 2019
PACER
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28
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MOTION for Leave to File Notice of Supplemental Authority by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Attachments: # 1 Exhibit A)(Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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July 30, 2019
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July 30, 2019
PACER
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29
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JOINT REPORT of Rule 26(f) Planning Meeting by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall (Cox, Alyson). Modified docket text on 10/11/2019 (sbea, ). [Transferred from Virginia Eastern on 4/21/2020.]
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Oct. 11, 2019
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Oct. 11, 2019
RECAP
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30
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ORDER 1) By November 4, 2019, the Plaintiffs shall file a Statement of Position addressing why this action should not be transferred to the United States District Court for the Western District of Virginia and, in so doing, shall consider the decision in Nicolas Reyes v. Harold Clarke, et al., Civil Action No. 3:18cv611; and 2) By November 15, 2019, the Defendants shall file a Responsive Statement of Position; and 3) By November 21, 2019, the Plaintiffs shall file a Reply Statement of Position. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 10/21/2019. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
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Oct. 21, 2019
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Oct. 21, 2019
PACER
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31
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Plaintiffs' Statement of Position in Support of Venue and Opposing Discretionary Transfer Responding re: 30 Order, filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall (Cox, Alyson). Clerk modified docket text on 11/5/2019 (sbea, ). [Transferred from Virginia Eastern on 4/21/2020.]
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Nov. 4, 2019
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Nov. 4, 2019
PACER
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32
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Response to 30 Order,, Statement of Position filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (Attachments: # 1 Affidavit Affidavit of Mr. Ponton)(Eckstein, Maya) [Transferred from Virginia Eastern on 4/21/2020.]
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Nov. 15, 2019
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Nov. 15, 2019
PACER
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33
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NOTICE of Appearance by Maya Miriam Eckstein on behalf of Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections (Eckstein, Maya) [Transferred from Virginia Eastern on 4/21/2020.]
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Nov. 15, 2019
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Nov. 15, 2019
PACER
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34
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NOTICE of Appearance by Trevor Stephen Cox on behalf of Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections (Cox, Trevor) [Transferred from Virginia Eastern on 4/21/2020.]
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Nov. 16, 2019
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Nov. 16, 2019
PACER
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35
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Reply to 32 Response, In Support of Class Plaintiffs' Statement of Position in Support of Venue and Opposing Discretionary Transfer filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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Nov. 21, 2019
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Nov. 21, 2019
PACER
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36
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MOTION for Leave to File Notice of Supplemental Authority by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Attachments: # 1 Exhibit 1)(Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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Nov. 26, 2019
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Nov. 26, 2019
PACER
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37
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RESPONSE in Opposition re 36 MOTION for Leave to File Notice of Supplemental Authority filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (Eckstein, Maya) [Transferred from Virginia Eastern on 4/21/2020.]
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Dec. 5, 2019
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Dec. 5, 2019
PACER
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38
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REPLY to Response to Motion re 36 MOTION for Leave to File Notice of Supplemental Authority filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson) [Transferred from Virginia Eastern on 4/21/2020.]
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Dec. 6, 2019
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Dec. 6, 2019
PACER
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39
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ORDER that the CLASS PLAINTIFFS' MOTION FOR LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY (ECF No. 28 ) is granted. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/8/2020. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
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April 8, 2020
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April 8, 2020
PACER
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40
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MEMORANDUM OPINION. See Opinion for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/20/2020. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
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April 21, 2020
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April 21, 2020
Clearinghouse
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Case Transferred Out - District (closes case)
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April 21, 2020
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April 21, 2020
PACER
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Case Transferred Out to Another District
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April 21, 2020
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April 21, 2020
PACER
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41
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ORDER that the Defendants' Motion to Transfer (ECF No. 32 ) is granted. It is further ORDERED that the Clerk shall transfer this action to the Western District of Virginia. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/20/2020. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
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April 21, 2020
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April 21, 2020
PACER
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Case transferred to District of Western District of Virginia. Original file, Copy of Transfer Order, and Docket Report sent. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
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April 21, 2020
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April 21, 2020
PACER
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42
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Case transferred in from District of Virginia Eastern; Case Number 3:19-cv-00332. Original file certified copy of transfer order and docket sheet received.
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April 21, 2020
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April 21, 2020
PACER
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43
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NOTICE TO COUNSEL REGARDING SCHEDULING CONFERENCE: (N) Scheduling Conference set for 5/1/2020 11:00 AM by telephone conference call before Magistrate Judge Pamela Meade Sargent. Counsel also is directed to confer regarding discovery and to file their Joint Rule 26(f) Report with the court by or before 04/30/2020.(Bordwine, Robin)
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April 24, 2020
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April 24, 2020
PACER
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44
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MOTION for Maxwell J. Kalmann to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3381741. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Exhibit A - Declaration of Maxwell J. Kalmann, # 2 Text of Proposed Order)(Cox, Alyson)
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April 27, 2020
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April 27, 2020
PACER
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45
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MOTION for Daniel B. Levin to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3381743. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Exhibit A - Declaration of Daniel B. Levin, # 2 Text of Proposed Order)(Cox, Alyson)
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April 27, 2020
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April 27, 2020
PACER
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46
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MOTION for Kristen J. McAhren to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3381748. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Exhibit A - Declaration of Kristen J. McAhren, # 2 Text of Proposed Order)(Cox, Alyson)
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April 27, 2020
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April 27, 2020
PACER
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47
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MOTION for Timothy L. Wilson, Jr. to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3381751. by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Exhibit A - Declaration of Timothy L. Wilson, Jr., # 2 Text of Proposed Order)(Cox, Alyson)
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April 27, 2020
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April 27, 2020
PACER
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48
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ORDER granting 44 MOTION to Appear Pro Hac Vice ; granting 45 MOTION to Appear Pro Hac Vice ; granting 46 MOTION to Appear Pro Hac Vice ; granting 47 MOTION to Appear Pro Hac Vice Signed by Magistrate Judge Pamela Meade Sargent on 4/28/2020. (lml)
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April 29, 2020
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April 29, 2020
PACER
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49
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NOTICE of Appearance by Robert Dennis Fairbanks on behalf of Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections (Fairbanks, Robert)
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April 30, 2020
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April 30, 2020
PACER
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50
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REPORT of Rule 26(f) Planning Meeting (Cox, Alyson)
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April 30, 2020
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April 30, 2020
PACER
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51
|
MINUTE ORDER granting 36 Motion for Leave to File argument and authorities referenced in Motion 36, defendants' Response 37, and plaintiffs' Reply 38 will be considered on the pending dispositive motions. Signed by Magistrate Judge Pamela Meade Sargent on 5/1/20. (PMS)
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May 1, 2020
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May 1, 2020
PACER
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Order on Motion for Leave to File
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May 1, 2020
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May 1, 2020
PACER
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Minute Order
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May 1, 2020
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May 1, 2020
PACER
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Scheduling Conference
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May 1, 2020
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May 1, 2020
PACER
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52
|
MINUTE ORDER. It is ORDERED that the Motions to Dismiss ECF Nos. 18 and 21 are hereby REFERRED to the Honorable Pamela Meade Sargent, U.S. Magistrate Judge, pursuant to 28 U.S.C. section 636(b)(1)(B) and Fed. R. Civ. P 72(b), to conduct appropriate proceedings and to submit to the undersigned a report setting forth a recommendation for the disposition of such motions.. Signed by Judge James P. Jones on 5/1/2020. (JPJ)
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May 1, 2020
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May 1, 2020
PACER
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53
|
Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Scheduling Conference held by telephone conference call with Counsel Cox, Heilman, McAhren, Kalmann, Wilson, Agraharkar, O'Shea, Eckstein and Fairbanks on 5/1/2020. Jury trial set before J. Jones in AB for 1/10/22 to 2/4/22. Counsel also will hold the next week 2/7-11/22 open in case trial continues past 2/4/22. Counsel agreed pending motions to dismiss [18 & 21] are ripe for decision and are submitted on the briefs. USMJ Sargent will notify counsel if she requests any argument on the motions. Scheduling Order forthcoming. (PMS)
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May 1, 2020
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May 1, 2020
PACER
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54
|
NOTICE of Appearance by Timothy Lawrence Wilson, Jr on behalf of All Plaintiffs (Wilson, Timothy)
|
May 1, 2020
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May 1, 2020
PACER
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55
|
NOTICE of Appearance by Maxwell Jacob Kalmann on behalf of All Plaintiffs (Kalmann, Maxwell)
|
May 1, 2020
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May 1, 2020
RECAP
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56
|
SCHEDULING ORDER: Jury Trial set for 1/10/2022 through 2/4/2022 09:00 AM in Abingdon before Judge James P. Jones. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.. Signed by Magistrate Judge Pamela Meade Sargent on 5/4/20. (ejs)
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May 4, 2020
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May 4, 2020
PACER
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Notice of Hearing
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May 4, 2020
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May 4, 2020
PACER
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57
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NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for 1/10/2022 through 2/4/2022 09:00 AM in Abingdon before Judge James P. Jones. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ejs)
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May 4, 2020
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May 4, 2020
PACER
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59
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Response re 56 Scheduling Order, / Class Plaintiff's Response to the Courts May 4, 2020 Proposed Scheduling Order . filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Cox, Alyson)
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May 14, 2020
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May 14, 2020
PACER
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60
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Order to Respond re 59 Response. All parties shall advise the court as to whether a jury is demanded. Responses due by 5/29/2020. Signed by Magistrate Judge Pamela Meade Sargent on 5/15/20. (PMS)
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May 15, 2020
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May 15, 2020
PACER
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Order to Respond
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May 15, 2020
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May 15, 2020
PACER
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61
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Joint MOTION for Protective Order and Order Governing the Disclosure of Privileged Information by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Exhibit A (Proposed Stipulated Protective Order), # 2 Exhibit B (Proposed Stipulated Order Governing the Disclosure of Privileged Information))(Cox, Alyson)
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May 26, 2020
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May 26, 2020
PACER
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62
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ORDER granting 61 Motion for Protective Order Signed by Magistrate Judge Pamela Meade Sargent on 5/27/20. (ejs)
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May 27, 2020
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May 27, 2020
PACER
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63
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STIPULATED ORDER Governing the Disclosure of Privileged Information. Signed by Magistrate Judge Pamela Meade Sargent on 5/27/20. (ejs)
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May 27, 2020
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May 27, 2020
PACER
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64
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Response re 60 Order to Respond Requiring Position on Jury Demand . filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (Fairbanks, Robert)
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May 29, 2020
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May 29, 2020
PACER
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65
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Response re 60 Order to Respond / Plaintiffs' Response to the Court's May 15, 2020 Order Regarding Trial by Jury . filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Yates, Alyson)
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May 29, 2020
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May 29, 2020
PACER
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66
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STIPULATION / Proposed Stipulated Order Regarding Discovery of Documents and Electronically Stored Information by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall (Yates, Alyson)
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July 17, 2020
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July 17, 2020
PACER
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67
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STIPULATED ORDER Regarding Discovery. Signed by Magistrate Judge Pamela Meade Sargent on 7/20/20. (ejs)
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July 20, 2020
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July 20, 2020
PACER
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68
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MOTION for Leave to File / Class Plaintiffs' Motion for Leave to File Notice of Supplemental Authority by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Exhibit 1)(Yates, Alyson)
1 Exhibit 1
View on PACER
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July 23, 2020
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July 23, 2020
RECAP
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69
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MINUTE ORDER granting 68 Motion for Leave to File and supplemental authority filed with Motion is accepted. Defendants may respond with additional arguments or authority within 14 days of the date of entry of this MINUTE ORDER. Signed by Magistrate Judge Pamela Meade Sargent on 7/24/20. (Order mailed to Pro Se Party via US Mail)(PMS)
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July 24, 2020
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July 24, 2020
PACER
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Order on Motion for Leave to File
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July 24, 2020
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July 24, 2020
PACER
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70
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REPORT AND RECOMMENDATIONS re 21 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Harold Clarke, Randall C. Mathena, Tori Raiford, H. Scott Richeson, Henry J. Ponton, Carl Manis, A. David Robinson, Denise Malone, Steve Herrick, Jeffrey Kiser, Marcus Elam, 18 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Virginia Department Of Corrections. Signed by Magistrate Judge Pamela Meade Sargent on 9/4/20. (ejs)
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Sept. 4, 2020
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Sept. 4, 2020
Clearinghouse
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71
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OBJECTION to 70 Report and Recommendations by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Yates, Alyson)
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Sept. 18, 2020
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Sept. 18, 2020
PACER
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72
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OBJECTION to 70 Report and Recommendations by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (Eckstein, Maya)
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Sept. 18, 2020
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Sept. 18, 2020
PACER
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73
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Defendants' Brief in Support of Objections by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (Eckstein, Maya) Modified on 9/22/2020 to correct event (lml).
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Sept. 18, 2020
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Sept. 18, 2020
RECAP
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Notice (Other)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information. (mzc) (ADI)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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Notice (NextGen)
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Sept. 29, 2020
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Sept. 29, 2020
PACER
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
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Sept. 29, 2020
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Sept. 29, 2020
PACER
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DISABLED Notice (NextGen)
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Sept. 29, 2020
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Sept. 29, 2020
PACER
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74
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Brief / Memorandum in Opposition re 70 REPORT AND RECOMMENDATIONS re 21 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Harold Clarke, Randall C. Mathena, Tori Raiford, H. Scott Richeson, Henry J. Ponton, Carl Manis, A. David Robinson, Den Opposition to Plaintiff's Rule 72(B) Objection to Report and Recommendation. filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (Eckstein, Maya)
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Oct. 2, 2020
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Oct. 2, 2020
PACER
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75
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Response re 72 Objection to Report and Recommendations, . filed by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. (Yates, Alyson)
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Oct. 2, 2020
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Oct. 2, 2020
PACER
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Notice (NextGen)
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Oct. 5, 2020
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Oct. 5, 2020
PACER
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
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Oct. 5, 2020
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Oct. 5, 2020
PACER
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DISABLED Notice (NextGen)
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Oct. 5, 2020
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Oct. 5, 2020
PACER
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Notice (NextGen)
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Oct. 6, 2020
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Oct. 6, 2020
PACER
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76
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MOTION for Leave to File Reply Brief In Support of Rule 72(B) Objections to Magistrate Judge's Report & Recommendation by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Exhibit 1)(Eckstein, Maya)
1 Exhibit 1
View on RECAP
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Oct. 9, 2020
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Oct. 9, 2020
RECAP
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77
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MINUTE ORDER granting 76 Motion for Leave to File Reply Brief. The Clerk shall file Exhibit 1 to the Motion as the Reply Brief in Support of the Objections to the Magistrate Judge's Report & Recommendations. Signed by Judge James P. Jones on 10/12/2020. (JPJ)
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Oct. 12, 2020
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Oct. 12, 2020
PACER
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78
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Reply Brief in Support of the Objections to 70 REPORT AND RECOMMENDATIONS re 21 MOTION to Dismiss for Failure to State a Claim and for Lack of filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (lml) (Entered: 10/14/2020)
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Oct. 12, 2020
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Oct. 12, 2020
PACER
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Order on Motion for Leave to File
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Oct. 12, 2020
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Oct. 12, 2020
PACER
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79
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MOTION for Leave to File Surreply Brief in Response to Defendants' Objections to Magistrate Judge's Report & Recommendation by Vernon Brooks, Brian Cavitt, Derek Cornelison, Christopher Cottrell, Frederick Hammer, Dmitry Khavkin, Gerald McNabb, Peter Mukuria, Steven Riddick, Kevin Snodgrass, William Thorpe, Gary Wall. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Exhibit 1)(Yates, Alyson)
1 Exhibit 1
View on RECAP
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Oct. 19, 2020
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Oct. 19, 2020
RECAP
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80
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RESPONSE to Motion re 79 MOTION for Leave to File Surreply Brief in Response to Defendants' Objections to Magistrate Judge's Report & Recommendation . filed by Harold Clarke, Marcus Elam, Steve Herrick, Jeffrey Kiser, Denise Malone, Carl Manis, Randall C. Mathena, Henry J. Ponton, Tori Raiford, H. Scott Richeson, A. David Robinson, Virginia Department Of Corrections. (Eckstein, Maya)
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Oct. 20, 2020
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Oct. 20, 2020
RECAP
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