Case: Patterson v. Virginia Department of Corrections

Patterson v. Virginia Department Of Corrections

Complaint ( Filing fee $ 402, receipt number AVAEDC-9212494.), filed by Mallory Patterson, Carla McDowney, Emily Comer. (Attachments: # 1 Civil Cover Sheet)(Falabella, Paul) (Entered: 11/09/2023)

Proposed Summons re 1 Complaint by Emily Comer, Carla McDowney, Mallory Patterson. (Falabella, Paul) (Entered: 11/09/2023)

Initial Case Assignment to District Judge David J. Novak. (Kat)

Summons Issued as to Chadwick Dotson, Virginia Department Of Corrections, NOTICE TO ATTORNEY: Please remove the headers and print two duplex copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention. Please electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Kat, ) (Entered: 11/09/2023)

SUMMONS Returned Executed. Chadwick Dotson served on 1/4/2024, answer due 1/25/2024; Virginia Department Of Corrections served on 1/4/2024, answer due 1/25/2024. (Falabella, Paul) Modified docket text to include service date and answer due date 1/11/2024 (jsmi, ). (Entered: 01/10/2024)

Consent MOTION for Extension of Time to File Answer re 1 Complaint by Chadwick Dotson, Virginia Department Of Corrections. (Attachments: # 1 Proposed Order)(Windsor, Laura) (Entered: 01/18/2024)

1 Proposed Order

View on PACER

Financial Interest Disclosure Statement (Local Rule 7.1) by Virginia Department Of Corrections. (Windsor, Laura) (Entered: 01/18/2024)

ORDER (Granting Consent Motion for Extension of Time to File Responsive Pleadings). This matter comes before the Court on Defendants' Consent Motion for an Extension of Time to Answer, Plead or Otherwise Respond to Plaintiffs' Complaint, ("Motion," ECF No. 5 ). For good cause shown, and as counsel for Plaintiffs do not object, the Court hereby GRANTS the Motion, (ECF No. 5 ), and ORDERS that Defendants shall have until February 23, 2024, to file a responsive pleading to Plaintiffs' Complaint, (ECF No. 1 ). It is so ORDERED. Signed by District Judge David J. Novak on 1/18/2024. (sbea) (Entered: 01/18/2024)

NOTICE of Appearance by Brendan David O'Toole on behalf of Chadwick Dotson, Virginia Department Of Corrections (O'Toole, Brendan) (Entered: 01/18/2024)

NOTICE of Appearance by Hannah Rose Gourdie on behalf of Chadwick Dotson, Virginia Department Of Corrections (Gourdie, Hannah) (Entered: 01/18/2024)

MOTION to Dismiss for Failure to State a Claim the Complaint by Chadwick Dotson, Virginia Department Of Corrections. (Windsor, Laura) (Entered: 02/23/2024)

Memorandum in Support re 10 MOTION to Dismiss for Failure to State a Claim the Complaint filed by Chadwick Dotson, Virginia Department Of Corrections. (Windsor, Laura) (Entered: 02/23/2024)

Memorandum in Opposition re 10 MOTION to Dismiss for Failure to State a Claim the Complaint Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss the Complaint filed by Emily Comer, Carla McDowney, Mallory Patterson. (Falabella, Paul) (Entered: 03/08/2024)

MEMORANDUM OPINION. Signed by District Judge David J. Novak on 4/19/2024. (jenjones, ) (Entered: 04/19/2024)

ORDER (Granting and Denying in Part Defendant's Motion to Dismiss). This matter comes before the Court on Virginia Department of Corrections and Director Chadwick Dotson's Joint Motion to Dismiss. (ECF No. 10 .) As the Court described in its accompanying Memorandum Opinion, the Court GRANTS IN PART and DENIES IN PART Defendants' Motion. The Court GRANTS the Motion to Dismiss Counts III and IV, as to Plaintiffs' class and individual claims. However, the Court DENIES the Motion to Dismiss Counts I and II. This Order should not be construed as ruling on the merits of Plaintiffs' class claims in Counts I and II, as the Court will direct class certification to be briefed in a forthcoming scheduling Order. It is so ORDERED. Signed by District Judge David J. Novak on 4/19/2024. (jenjones, ) (Entered: 04/19/2024)

On-The-Record Initial Pretrial Conference set for 5/14/2024 at 11:00 AM Telephonically before District Judge David J. Novak. (cgar)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, 15 Order on Motion to Dismiss for Failure to State a Claim,,, by Chadwick Dotson, Virginia Department Of Corrections. (Attachments: # 1 Proposed Order)(Windsor, Laura) (Entered: 04/24/2024)

ORDER the Court hereby DIRECTS the parties to file their position as to whether they consent to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c)(l), no later than May 3, 2024. Signed by District Judge David J. Novak on 4/24/2024. (cgar) (Entered: 04/24/2024)

ORDER granting Virginia Department Of Corrections' 16 Motion for Extension of Time to Answer Complaint 1 and the remaining Counts of Plaintiff's Complaint, which relate to Plaintiffs' class allegations. Answer due 5/10/2024. Signed by District Judge David J. Novak on 4/24/2024. (cgar) (Entered: 04/24/2024)

Joint Decline Consent to Jurisdiction by US Magistrate Judge by Virginia Department Of Corrections. (Windsor, Laura) (Entered: 04/29/2024)

ANSWER to Complaint by Virginia Department Of Corrections.(O'Toole, Brendan) (Entered: 05/10/2024)

Minute Entry for proceedings held before District Judge David J. Novak:OTR Initial Pretrial Conference held on 5/14/2024. (Court Reporter Ruth Levy)(cgar)

ORDER that the case is hereby REFERRED to United States Magistrate Judge Mark R. Colombell for settlement purposes. If amenable to Magistrate Judge Colombell and otherwise consistent with his calendar, the parties shall schedule a settlement conference no later than August 9, 2024. Signed by District Judge David J. Novak on 5/14/2024. Copy to Judge Colombell as directed. (jsmi, ) (Entered: 05/14/2024)

Case referred to Magistrate Judge Mark R. Colombell. (jsmi, )

ORDER that the Court hereby SCHEDULES a status call on August 15, 2024, at 1:30 p.m. The parties shall file a joint proposed schedule for class certification and approval before the status call. In addition, if the parties reach a resolution prior to the status call, the parties SHALL file a notice of settlement before the status call. Signed by District Judge David J. Novak on 5/14/2024. (jsmi, ) (Entered: 05/14/2024)

OTR Status Conference set for 8/15/2024 at 01:30 PM Telephonically before District Judge David J. Novak. (cgar)

TRANSCRIPT of proceedings held on 5/14/2024, before Judge David J. Novak, Court Reporter Ruth Levy, Telephone number,804-916-2893. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/14/2024. Redacted Transcript Deadline set for 7/15/2024. Release of Transcript Restriction set for 8/13/2024.(Levy, Ruth) (Entered: 05/15/2024)

ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE- The Court has scheduled this case for a settlement conference on July 30, 2024 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Mark R. Colombell. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark R. Colombell on 5/15/2024. (adun, ) (Entered: 05/15/2024)

Set Hearing: Settlement Conference set for 7/30/2024 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge Mark R. Colombell. (jsau, )

Joint MOTION for Protective Order by Virginia Department Of Corrections. (Attachments: # 1 Proposed Order)(Windsor, Laura) (Entered: 06/03/2024)

Memorandum in Support re 25 Joint MOTION for Protective Order filed by Virginia Department Of Corrections. (Windsor, Laura) (Entered: 06/03/2024)

PROTECTIVE ORDER. Signed by District Judge David J. Novak on 6/3/2024. (adun, ) (Entered: 06/04/2024)

MOTION to Withdraw as Attorney by Virginia Department Of Corrections. (Attachments: # 1 Proposed Order)(Gourdie, Hannah) (Entered: 07/25/2024)

ORDER (Granting Motion to Withdraw) - For good cause shown, and as Defendant will still be represented by counsel, the Court hereby GRANTS Attorney Hannah R. Motion for Leave to Withdraw as Attorney for Defendant Virginia Department of Corrections, (ECF No. 30 ). Signed by District Judge David J. Novak on 7/26/2024. (ewat, ) (Entered: 07/26/2024)

Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Settlement Conference held on 7/30/2024. (jsau, )

Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Status Conference held on 8/13/2024. (jsau, )

STATUS REPORT Joint Status Report and Proposed Schedule for Class Certification and/or Settlement Approval by Emily Comer, Carla McDowney, Mallory Patterson. (Falabella, Paul) (Entered: 08/14/2024)

ORDER (Rescheduling Status Call) - The Court RESCHEDULES the status call set for August 15, 2024 at 1:30 p.m. to November 21, 2024 at 1:30 p.m. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 8/15/2024. (ewat, ) (Entered: 08/15/2024)

ON-The-Record Status Conference set for 11/21/2024 at 01:30 PM in Richmond Telephonically before District Judge David J. Novak. (cgar)

ORDER Regarding Procedures for Follow-Up Settlement Conference- The Court has scheduled this case for a follow-up settlement conference on October 29,2024 at 9:30 A.M. At that time, the parties and their counsel shall report to the chambers of Magistrate Judge Mark R. Colombell. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark R. Colombell on 8/15/2024. (adun, ) (Entered: 08/15/2024)

Set Hearing: Follow-up Settlement Conference set for 10/29/2024 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge Mark R. Colombell. (jsau, )

Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Settlement Conference held on 10/29/2024. (jsau, )

Status Telephone Conference RESET for 11/20/2024 at 11:30 AM Telephonically before District Judge David J. Novak. (cgar)

ORDER Status Call in this case will be moved to November 20, 2024, at 11 :30 a.m. Signed by District Judge David J. Novak on 11/7/2024. (cgar) (Entered: 11/08/2024)

STATUS REPORT Joint Status Report by Emily Comer, Carla McDowney, Mallory Patterson. (Falabella, Paul) (Entered: 11/18/2024)

ORDER (Rescheduling Status Call) - This matter comes before the Court following the filing of the parties' Joint Status Report. (ECF No. 38 .) The Court hereby CANCELS the Status Call set for November 20, 2024. The Court will RESCHEDULE this Status Call for January 3, 2025, at 12:00 p.m. Further, the Court ORDERS that the parties must file a Joint Status Report by January 2, 2025, at 12:00 p.m. It is so ORDERED. Signed by District Judge David J. Novak on 11/19/2024. (ewat, ) (Entered: 11/19/2024)

OTR Status Telephone Conference RESET for 1/3/2025 at 12:00 PM Telephonically before District Judge David J. Novak. (cgar)

ORDER Regarding Procedures for Follow-Up Settlement Conference - The Court has scheduled this case for a follow-up settlement conference on March 11, 2025 at 9:30 A.M. to be held by videoconference. The Court hereby ORDERS the parties to submit supplemental ex parte memoranda on or before March 3, 2025 summarizing case developments in discovery and reporting on any further settlement discussions between the parties. In addition to counsel, each party must have a representative virtually present on the videoconference with the full authority to settle this action. If an individual is a named party, that individual must be personally present at the settlement conference. If a business entity (or entities) is/are involved, each entity must have a representative with full authority to settle the case on behalf of that entity virtually present. It is SO ORDERED. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark R. Colombell on 12/11/2024. (ewat, ) (Entered: 12/12/2024)

Set Hearing: Follow-up Settlement Conference set for 3/11/2025 at 09:30 AM via ZOOM before Magistrate Judge Mark R. Colombell. (jsau, )

On-The-Record Status Conference RESET for 3/27/2025 at 10:30 AM in Telephonically before District Judge David J. Novak. (cgar)

ORDER Regarding Procedures for Follow-Up Settlement Conference - The Court has scheduled this case for a follow-up settlement conference on February 10, 2025 at 9:30 A.M. to be held by videoconference. The Court hereby ORDERS the parties to submit supplemental ex parte memoranda on or before February 3, 2025 summarizing case developments in discovery and reporting on any further settlement discussions between the parties. In addition to counsel, each party must have a representative virtually present on the videoconference with the full authority to settle this action. If an individual is a named party, that individual must be personally present at the settlement conference. If a business entity (or entities) is/are involved, each entity must have a representative with full authority to settle the case on behalf of that entity virtually present. SEE ORDER FOR FURTHER DETAILS. It is SO ORDERED. Signed by Magistrate Judge Mark R. Colombell on 1/10/2025. (ewat, ) (Entered: 01/10/2025)

Reset Hearing: Follow-up Settlement Conference set for 2/10/2025 at 09:30 AM via ZOOM before Magistrate Judge Mark R. Colombell. (jsau, )

ORDER Regarding Procedures for Follow-Up Settlement Conference - The Court has scheduled this case for a follow-up settlement conference on February 14, 2025 at 9:30 A.M. to be held by videoconference. The Court hereby ORDERS the parties to submit supplemental ex parte memoranda on or before February 7, 2025 summarizing case developments in discovery and reporting on any further settlement discussions between the parties. SEE ORDER FOR DETAILS. It is SO ORDERED. Signed by Magistrate Judge Mark R. Colombell on 1/22/2025. (ewat, ) (Entered: 01/22/2025)

Reset Hearing: Follow-up Settlement Conference reset for 2/14/2025 at 09:30 AM in Richmond Remote before Magistrate Judge Mark R. Colombell. (jsau, )

Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Settlement Conference held on 2/10/2025. (jsau, )

Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Settlement Conference held on 2/14/2025. (jsau, )

STIPULATION of Dismissal with Prejudice by Emily Comer, Carla McDowney, Mallory Patterson. (Falabella, Paul). (Entered: 04/24/2025)

ORDER (Acknowledging Stipulation of Dismissal with Prejudice) - This matter comes before the Court on the parties' Stipulation of Dismissal with Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 43 .) The Court hereby ACKNOWLEDGES this voluntary dismissal with prejudice and shall retain jurisdiction over the parties' settlement agreement pursuant to Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375 (1994). The Court DIRECTS the Clerk's Office to close this case. This case is now CLOSED. It is SO ORDERED. Signed by District Judge David J. Novak on 4/24/2025. (ewat, ) (Entered: 04/24/2025)