Case: White-Battle v. Moss

Legal Defense Fund

COMPLAINT against Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board, (Filing fee $250.00), receipt number 50252, filed by Sherry White-Battle.(ecav, ) (Entered: 12/30/2005)

Judge Henry C. Morgan, Jr added. Judge Jerome B. Friedman no longer assigned to case. (rlam)

Summons Issued as to Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board. (ecav, )

SUMMONS Returned Executed by Sherry White-Battle. Thomas W. Moss, Jr served personally on 1/11/2006, answer due 1/31/2006; George Schaefer served personally on 1/11/2006, answer due 1/31/2006; Norfolk Electoral Board served by personal service on John Merkel, Deputy Gen. Registrar of City of Norfolk on 1/11/2006, answer due 1/31/2006. (ariv, ) (Entered: 01/19/2006)

MOTION for Extension of Time to File Answer to 1 Complaint, by Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board. (ariv, ) (Entered: 01/23/2006)

Set/Reset Deadlines as to 3 MOTION for Extension of Time to File Answer to 1 Complaint. Responses due by 2/2/2006 (ariv, )

RESPONSE in Opposition of 3 MOTION for Extension of Time to File Answer re 1 Complaint filed by Sherry White-Battle. (ecav, ) (Entered: 02/03/2006)

Set/Reset Deadlines as to 3 MOTION for Extension of Time to File Answer re 1 Complaint. Replies due by 2/15/2006. (ecav, )

REPLY to Response to Motion re 3 MOTION for Extension of Time to File Answer re 1 Complaint filed by Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board. (ecav, ) (Entered: 02/07/2006)

MOTION for Summary Judgment by Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board. Responses due by 3/9/2006 (ecav, ) (Entered: 02/21/2006)

Roseboro Notice for Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board. (ecav, ) (Entered: 02/21/2006)

Memorandum in Support of 6 MOTION for Summary Judgment, with attached Affidavits (originals) of Edward A. O'Neal, Elisa J. Long, John Merkel, George E. Schaefer, III, Thomas A. Larson, Thomas W. Moss, Jr., by Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board, received. (ecav, ) (Entered: 02/21/2006)

Memorandum in Opposition of 6 MOTION for Summary Judgment,by Sherry White-Battle, with two (originals) Affidavits of Sherry White-Battle, received. (ecav, ) (Entered: 03/15/2006)

Set/Reset Deadlines as to 6 MOTION for Summary Judgment. Replies due by 3/20/2006. (ecav, )

MOTIONS REFERRED: 6 MOTION for Summary Judgment REFERRED to Judge Henry Coke Morgan, Jr. (ecav, )

REPLY to Response to Motion re 6 MOTION for Summary Judgment, by Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board, received (late). (ecav, ) (Entered: 03/22/2006)

MOTION for Leave to Amend Complaint, by Sherry White-Battle. (ecav, ) (Entered: 04/05/2006)

Set/Reset Deadlines as to 11 MOTION for Leave to Amend Complaint. Responses due by 4/17/2006 (ecav, )

MOTIONS REFERRED: 11 MOTION for Leave to File REFERRED to Judge Henry Coke Morgan, Jr.. (ecav, )

ORDER GRANTING 3 Motion for Extension of Time to Answer, GRANTING 11 Motion for Leave to Amend Complaint, ORDERING the clerk to timely file Defendants' Motion for Summary Judgment (Doc. 6), Defendants' Memorandum in Support of Motion for Summary Judgment (Doc. 8), Plaintiff's Memorandum in Opposition, (Doc. 9)and Defendants' reply (Doc. 10). If Defendants do elect to supplement the above above filings, Plaintiff shall have 11 days, from the date of Defendants' supplemental filing with the Court, in which to respond. The parties are requested to schedule a hearing on Defendants' Motion for Summary Judgment (Doc.6) as soon as practicable after the passing of 22 days from entry of this Order.The clerk is further ORDERED to file plaintiff's amended complaint. (see Order for specifics) Signed by Judge Henry C. Morgan Jr. on 4/27/06 and filed 4/27/06. Copies mailed 4/27/06. (ecav, ) Modified on 5/8/2006 to correct spelling(ecav, ). Modified on 5/8/2006 to include briefing deadlines (ecav, ). (Entered: 04/27/2006)

AMENDED COMPLAINT against Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board, filed by Sherry White-Battle.(ecav, ) (Entered: 04/27/2006)

SUPPLEMENT to Defendants' 8 Memorandum of Law in Support of 6 MOTION for Summary Judgment, by Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board, received. (ecav, ) (Entered: 05/08/2006)

Set/Reset Deadlines as to 6 MOTION for Summary Judgment. Responses to Document #14 due by 5/16/2006 (11 days from filing per Court Order of 4/27/06) (ecav, )

NOTICE of Motion by Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board (ecav, ) (Entered: 05/08/2006)

Plaintiff's Supplemental Memorandum in Opposition to the Defendant's 6 MOTION for Summary Judgment, by Sherry White-Battle, received, with attached Affidavit (original) of Luther C. Edmonds. (ecav, ) Modified on 5/17/2006 to include affidavit (ecav, ). (Entered: 05/17/2006)

Defendant's Reply to 16 Plaintiff's Supplemental Memorandum in Opposition to Defendants' Motion for Summary Judgment, by Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board, received. (ecav, ) (Entered: 05/19/2006)

Set/Reset Hearings: Motion for Summary Judgment Hearing set for 7/14/2006 at 10:00 AM before District Judge Henry C. Morgan Jr. (ecav, )

NOTICE of Hearing set for 7/14/06 at 10:00 a.m., by Thomas W. Moss, Jr, George Schaefer, Norfolk Electoral Board (ecav, ) (Entered: 05/23/2006)

Plaintiff's Reply (Motion to Dismiss) to Defendants' Reply to Plaintiff's 17 Supplemental Memorandum in Opposition to Defendants' Motion for Summary Judgment, with Memorandum in Support of, filed by Sherry White-Battle. (ecav, ) (Entered: 06/01/2006)

Minute Entry for proceedings held before Judge Henry C. Morgan Jr.: Motion Hearing held on 7/14/2006 re 6 MOTION for Summary Judgment filed by George Schaefer,, Thomas W. Moss, Jr., Norfolk Electoral Board. Sherry White-Battle, present, pro se. Jeff Rosen, atty., counsel for defendants, present. Argued. Court stated findings and rulings on record. Court sustains defendant's motion for each count in the Complaint and ORDERS Complaint be DISMISSED. Court will enter opinion and order. Court adjourned. (Court Reporter Jody Stewart, OCR.) (evan, ) (Entered: 07/14/2006)

OPINION AND ORDER on hearing held on 7/14/06: Plaintiff's motion to dismiss (Doc. 19) Defendants' supplemental rebuttal brief was DENIED and the Court GRANTED Defendants' [6 & 14] Summary Judgment as to all of Plaintiff's claims. (SEE ORDER FOR SPECIFICS) Plaintiff is ADVISED that she may appeal this Opinion and Order within 30 days from entry of this Order. Signed by Judge Henry C. Morgan Jr. on 9/5/06 and filed 9/7/06. Copies mailed 9/8/06. (ecav, ) (Entered: 09/08/2006)

JUDGMENT that defendant's Motion for Summary Judgment is GRANTED as to all of Plaintiff's claims. Entered by the Clerk on 9/5/06 and filed 9/8/06. OB Copies mailed 9/8/06. (ecav, ) Modified on 9/8/2006 to include all of claims(ecav, ). (Entered: 09/08/2006)

NOTICE OF APPEAL as to 21 Order, by Sherry White-Battle. Filing fee $455, receipt number 200-53439. (mwin, ) (Entered: 10/06/2006)

Transmission of Notice of Appeal, final order, judgment and Docket Sheet to US Court of Appeals re 23 Notice of Appeal; copy of notice of appeal to plaintiff/appellant; copy of notice of appeal to counsel of record. (jcow, )

USCA Case Number 06-2086; case manager: Sarah Carmichael; USCA 4th Circuit for 23 Notice of Appeal filed by Sherry White-Battle (jcow, )

Certified and Transmitted Record on Appeal to US Court of Appeals re 23 Notice of Appeal (jcow, )

Opinion of USCA (Copy) re 23 Notice of Appeal affirming as modified the judgment of the District Court. Attached copy of judgment will not take effect until issuance of the mandate. (ecav, ) (Entered: 03/21/2007)

Certified copy of USCA JUDGMENT affirming as modified the judgment of the district court as to 23 Notice of Appeal filed by Sherry White-Battle. (ecav, ) (Entered: 04/09/2007)

Case file sent to Federal Records Center. (tlev, )

Record(s)