DiBelardino v. Miyares et al
| Virginia Eastern District Court | |
| Judge: | Jamar K Walker |
| Referred: | Lawrence R Leonard |
| Case #: | 2:23-cv-00225 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1343 Violation of Civil Rights |
| Case Filed: | May 23, 2023 |
| Terminated: | Mar 04, 2024 |
| Last checked: Sunday Nov 19, 2023 5:30 AM EST |
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Defendant
Steven C. Frucci
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Represented By
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Defendant
Kristie A. Wooten
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Represented By
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Defendant
Mark S. Smith
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Represented By
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Defendant
A. Bonwill Shockley
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Represented By
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Defendant
Jason S. Miyares
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Represented By
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Defendant
Michael E. McGinty
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Represented By
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Defendant
Stephen C. Mahan
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Represented By
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Defendant
Leslie L. Lilley
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Represented By
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Defendant
Louise R. Lerner
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Represented By
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Defendant
Roger J. Griffin
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Represented By
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Defendant
Peter V. Chiusano
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Represented By
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Plaintiff
Aldo DiBelardino
2500 Shorehaven Drive
Virginia Beach, VA 23454 |
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| TERMINATED PARTIES | |
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Defendant
The Virginia State Bar
Terminated: 06/26/2023
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Represented By
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Defendant
The Virginia Judicial Inquiry & Review Commission
Terminated: 06/26/2023
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Represented By
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Defendant
Judge Shockley
Terminated: 06/26/2023
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Defendant
Judge Mahan
Terminated: 06/26/2023
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Defendant
Judge Lilley
Terminated: 06/26/2023
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Defendant
Judge Frucci
Terminated: 06/26/2023
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| Docket last updated: 04/23/2024 11:59 PM EDT |
| Wednesday, April 03, 2024 | ||
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appeal
Assembled INITIAL Electronic Record Transmitted to 4CCA
Wed 04/03 12:22 PM
Assembled INITIAL Electronic Record Transmitted to 4CCA re46 Notice of Appeal. 24-1269 (epri, ) |
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| Monday, April 01, 2024 | ||
| 49 | 49
appeal
Appeal Remark
Wed 04/03 12:15 PM
Appeal Remark re46 Notice of Appeal : RECORD requested from Clerk of Court Due: 04/15/2024. 24-1269 (epri, ) |
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| 48 | 48
appeal
USCA Case Number
Wed 04/03 12:12 PM
USCA Case Number 24-1269 4CCA Case manager Anisha Walker for46 Notice of Appeal filed by Aldo DiBelardino. 24-1269 (epri, ) |
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| Wednesday, March 27, 2024 | ||
| 47 | 47
appeal
Transmission of Notice of Appeal to 4CCA
Wed 03/27 11:22 AM
Transmission of Notice of Appeal to US Court of Appeals re46 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov)(epri, ) |
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Att: 1
Notice of Appeal
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| 46 | 46
appeal
Notice of Appeal
Wed 03/27 11:22 AM
NOTICE OF APPEAL as to43 Order on Motion for Leave to File,, Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim, by Aldo DiBelardino. (epri, ) |
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| Monday, March 04, 2024 | ||
| 45 | 45
respoth
Reply Other
Mon 03/04 3:29 PM
Reply filed by Roger J. Griffin, Mark S. Smith. (epri, ) |
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| 44 | 44
order
Judgment - Clerk
Mon 03/04 2:40 PM
CLERK'S JUDGMENT. Signed by Clerk on 3/4/24. (epri, ) |
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| 43 | 43
22
pgs
order
Order on Motion for Leave to File Order on Motion for Miscellaneous Relief Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Dismiss for Failure to State a Claim
Mon 03/04 2:33 PM
MEMORANDUM DISMISSAL ORDER: Defendant Smith and Defendant Griffin's Motion for Leave to File Untimely Reply (ECF No. 33) is GRANTED; the four Motions to Dismiss (ECF Nos. 5, 13, 17, and 20) are GRANTED; the plaintiff's Motion to Amend (ECF No. 39) is DENIED; and this civil action is DISMISSED. Order docketed in the Court's electronic filing system as DIRECTED on 3.4.24. Signed by District Judge Jamar K. Walker and filed on 3/4/24. (epri, ) |
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| 42 | 42
2
pgs
order
Order on Motion for Pro Se E-Noticing
Mon 03/04 2:19 PM
ORDER: The plaintiff's E-Noticing Request (ECF No. 40) is GRANTED. Copies sent as DIRECTED on 3.4.24. Signed by District Judge Jamar K. Walker and filed on 3/4/24. (epri, ) |
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| Friday, December 08, 2023 | ||
| 41 | 41
misc
Docket Annotation
Fri 12/08 4:28 PM
Submission by Aldo DiBelardino. (epri, ) |
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| Monday, November 06, 2023 | ||
| 40 | 40
motion
Pro Se E-Noticing
Mon 11/06 3:33 PM
MOTION for Pro Se E-Noticing by Aldo DiBelardino. (epri, ) |
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| 39 | 39
8
pgs
motion
Miscellaneous Relief (MOTION)
Mon 11/06 3:32 PM
PLEA FOR PROTECTIONS AND PERMISSION TO AMEND OR REFILE COMPLAINT WITH RICO AND CLASS ACTION CLAIMS by Aldo DiBelardino. (epri, ) |
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| Monday, October 30, 2023 | ||
| 38 | 38
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pgs
order
Order
Mon 10/30 10:58 AM
ORDER: The Clerk is DIRECTED to open a new 28 U.S.C. § 2254 habeas corpus action. The Clerk is further DIRECTED to docket a copy of the plaintiff's Habeas Petition, ECF No. 36, and Affidavits, ECF No. 37, in the new action. Because the plaintiff's Habeas Petition and Affidavits will be fully addressed in the new action, the Clerk is DIRECTED to strike these filings from the docket of the instant action. A copy of this Order sent to the plaintiff and all counsel of record as DIRECTED on 10.30.23. Signed by District Judge Jamar K. Walker and filed on 10/30/23. (epri, ) |
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| Wednesday, October 25, 2023 | ||
| 37 | 37
misc
Affidavit
Wed 10/25 2:29 PM
AFFIDAVITS by Aldo DiBelardino. (epri, ) |
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| 36 | 36
notice
Request for Hearing
Wed 10/25 2:27 PM
IN RE: REQUEST FOR EMERGENCY/ EXPEDITED HABEAS CORPUS HEARING + 3 RELATED AFFIDAVITS by Aldo DiBelardino (epri, ) |
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| Monday, October 23, 2023 | ||
| 35 | 35
1
pgs
order
Order on Motion to Withdraw as Attorney
Mon 10/23 2:55 PM
ORDER : It is hereby ORDERED that Robert B. McEntee's motion for leave to withdraw as counsel of record for the Commonwealth Defendants is GRANTED. Copies sent on 10.23.23. Signed by District Judge Jamar K. Walker and filed on 10/23/23. (epri, ) |
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| Friday, September 29, 2023 | ||
| 34 | 34
misc
Docket Annotation
Fri 09/29 4:41 PM
Submission by Aldo DiBelardino. (epri, ) |
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| Wednesday, September 13, 2023 | ||
| 33 | 33
motion
Leave to File Document
Wed 09/13 3:30 PM
MOTION for Leave to File PURSUANT TO LOCAL RULE 7(F)(1), REPLY MEMORANDUM TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS by Roger J. Griffin, Mark S. Smith.(Mitchell, William) |
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Att: 1
Exhibit A,
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Att: 2
Proposed Order ORDER
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| 32 | 32
motion
Withdraw as Attorney
Wed 09/13 2:41 PM
MOTION to Withdraw as Attorney by Steven C. Frucci, Louise R. Lerner, Leslie L. Lilley, Stephen C. Mahan, Michael E. McGinty, Jason S. Miyares, A. Bonwill Shockley, The Virginia Judicial Inquiry & Review Commission, The Virginia State Bar.(McEntee, Robert) |
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Att: 1
Proposed Order
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| 31 | 31
notice
Notice of Appearance
Wed 09/13 2:07 PM
NOTICE of Appearance by Ross Cooper Vaughan on behalf of Steven C. Frucci, Louise R. Lerner, Leslie L. Lilley, Stephen C. Mahan, Michael E. McGinty, Jason S. Miyares, A. Bonwill Shockley (Vaughan, Ross) |
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misc
Notice of Correction
Wed 09/13 10:17 AM
Notice of Correction re30 Reply to Response to Motion. When document number30 was filed, leave of the court was needed as the response is untimely. The proposed document should have been filed as an attachment to a motion for leave. Please file a motion for leave with a proposed order and the proposed document as an attachment to the motion. (epri, ) |
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| Tuesday, September 12, 2023 | ||
| 30 | 30
respm
Reply to Response to Motion
Tue 09/12 4:36 PM
REPLY to Response to Motion re20 MOTION to Dismiss AMENDED COMPLAINT PURSUANT TO RULE 12(B)(1) AND 12(B)(6) with Roseboro,. filed by Roger J. Griffin, Mark S. Smith. (Mitchell, William) |
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| Monday, September 11, 2023 | ||
| 29 | 29
respm
Rebuttal Brief
Mon 09/11 5:32 PM
Rebuttal Brief re17 MOTION to Dismiss with Roseboro,. filed by Peter V. Chiusano. (Cales, James) |
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| 28 | 28
respm
Reply to Response to Motion
Mon 09/11 3:47 PM
REPLY to Response to Motion re13 MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) Motion to Dismiss filed by Kristie A. Wooten. (Morgan, Mary) |
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| Tuesday, September 05, 2023 | ||
| 27 | 27
respm
Response in Opposition to Motion Response Other
Tue 09/05 4:24 PM
SUMMARY - WHISTLEBLOWER OPPOSITION RESPONSE TO ALL MOTION(S) TO DISMISS AND SUPPORTING BRIEFS, MEMORANDUMS AND EXHIBITS filed by Aldo DiBelardino.(epri, ) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Supplement K
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| 26 | 26
respm
Response in Opposition to Motion
Tue 09/05 4:15 PM
WHISTLEBLOWER OPPOSITION TO PETER V. CHIUSANO'S MOTION TO DISMISS filed by Aldo DiBelardino. (epri, ) |
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| 25 | 25
respm
Response in Opposition to Motion
Tue 09/05 4:10 PM
WHISTLEBLOWER OPPOSITION TO KRISTI A. WOOTEN'S MOTION TO DISMISS filed by Aldo DiBelardino. (epri, ) |
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| 24 | 24
respm
Response in Opposition to Motion
Tue 09/05 4:07 PM
WHISTLEBLOWER OPPOSITION TO MARK S. SMITH'S AND ROGER J. GRIFFIN'S MOTION TO DISMISS filed by Aldo DiBelardino.(epri, ) |
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Att: 1
Affidavit
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| Monday, August 28, 2023 | ||
| 23 | 23
service
Summons Returned Executed
Mon 08/28 3:58 PM
SUMMONS Returned Executed as to Jason S. Miyares, served on 8/17/2023. (epri, ) |
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| Monday, August 21, 2023 | ||
| 22 | 22
respm
Response in Opposition to Motion
Mon 08/21 2:21 PM
WHISTLEBLOWER OPPOSITION TO COMMONWEALTH'S MOTIONS TO DISMISS filed by Aldo DiBelardino.(epri, ) |
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Att: 1
Affidavit
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| Thursday, August 17, 2023 | ||
| 21 | 21
14
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respm
Memorandum in Support
Thu 08/17 9:06 AM
Memorandum in Support re20 MOTION to Dismiss AMENDED COMPLAINT PURSUANT TO RULE 12(B)(1) AND 12(B)(6) with Roseboro,. filed by Mark S. Smith.(Mitchell, William) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit b
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misc
Notice of Correction
Thu 08/17 8:38 AM
Notice of Correction re20 MOTION to Dismiss AMENDED COMPLAINT PURSUANT TO RULE 12(B)(1) AND 12(B)(6) with Roseboro,. Document number20 contains a Memorandum in Support attached to the Motion. The Motion to Dismiss and the Memorandum in Support must be filed as separate docket entries. Please refile the Memo in Support as a separate docket entry using its respective event. (epri, ) |
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| Wednesday, August 16, 2023 | ||
| 20 | 20
motion
Dismiss
Wed 08/16 5:03 PM
MOTION to Dismiss AMENDED COMPLAINT PURSUANT TO RULE 12(B)(1) AND 12(B)(6) with Roseboro,. by Mark S. Smith.(Mitchell, William) |
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Att: 1
MEMORANDUM IN SUPPORT,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B
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| 19 | 19
notice
Request for Hearing
Wed 08/16 2:37 PM
Request for Hearing by Peter V. Chiusano re17 MOTION to Dismiss with Roseboro,. Expedited (Cales, James) |
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| 18 | 18
respoth
Brief in Support
Wed 08/16 2:35 PM
Brief in Support to17 MOTION to Dismiss with Roseboro,. filed by Peter V. Chiusano.(Cales, James) |
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Att: 1
Exhibit
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| 17 | 17
motion
Dismiss
Wed 08/16 2:34 PM
MOTION to Dismiss with Roseboro,. by Peter V. Chiusano. (Cales, James) |
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| 16 | 16
service
Summons Returned Executed
Wed 08/16 12:01 PM
SUMMONS Returned Executed as to Steven C. Frucci served on 7/10/2023; Leslie L. Lilley served on 7/10/2023; Stephen C. Mahan served on 7/10/2023 (epri, ) |
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| Tuesday, August 15, 2023 | ||
| 15 | 15
misc
Roseboro Notice
Tue 08/15 1:51 PM
Roseboro Notice as to Motion to Dismiss by Kristie A. Wooten (Morgan, Mary) |
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| 14 | 14
15
pgs
respm
Memorandum in Support
Tue 08/15 1:49 PM
Memorandum in Support re13 MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) Motion to Dismiss Memorandum in Support of Motion to Dismiss filed by Kristie A. Wooten.(Morgan, Mary) |
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Att: 1
Exhibit Exhibit 1 to Memorandum in Support,
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Att: 2
Exhibit Exhibit 2 to Memorandum in Suppor
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| 13 | 13
motion
Dismiss for Failure to State a Claim
Tue 08/15 1:46 PM
MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) Motion to Dismiss by Kristie A. Wooten. (Morgan, Mary) |
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| Monday, August 14, 2023 | ||
| 12 | 12
service
Summons Returned Unexecuted
Mon 08/14 9:52 AM
Summons Returned Unexecuted as to Michael E. McGinty. (epri, ) |
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| 11 | 11
service
Summons Returned Executed
Mon 08/14 9:50 AM
SUMMONSES Returned Executed as to Louise R. Lerner and A. Bonwill Shockley, served on 7/10/2023. (epri, ) |
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| Thursday, August 03, 2023 | ||
| 10 | 10
service
Summons Returned Executed
Thu 08/03 3:46 PM
SUMMONS Returned Executed as to Peter V. Chiusano, served on 7/27/2023. (epri, ) |
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| 9 | 9
service
Summons Returned Executed
Thu 08/03 3:44 PM
SUMMONS Returned Executed as to Mark S. Smith, served on 7/26/2023. (epri, ) |
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| 8 | 8
service
Summons Returned Executed
Thu 08/03 3:42 PM
SUMMONS Returned Executed as to Kristie A. Wooten, served on 7/26/2023. (epri, ) |
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| 7 | 7
service
Summons Returned Executed
Thu 08/03 3:39 PM
SUMMONS Returned Executed as to Roger J. Griffin, served on 7/26/2023. (epri, ) |
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| Monday, July 31, 2023 | ||
| 6 | 6
15
pgs
respm
Memorandum in Support
Mon 07/31 5:20 PM
Memorandum in Support re5 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Steven C. Frucci, Louise R. Lerner, Leslie L. Lilley, Stephen C. Mahan, Michael E. McGinty, Jason S. Miyares, A. Bonwill Shockley. (McEntee, Robert) |
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| 5 | 5
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Mon 07/31 5:18 PM
MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Steven C. Frucci, Louise R. Lerner, Leslie L. Lilley, Stephen C. Mahan, Michael E. McGinty, Jason S. Miyares, A. Bonwill Shockley. (McEntee, Robert) |
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| Wednesday, June 28, 2023 | ||
| 4 | 4
service
Summons Issued
Wed 06/28 9:21 AM
Eleven (11) Summonses Issued as to Peter V. Chiusano, Steven C. Frucci, Roger J. Griffin, Louise R. Lerner, Leslie L. Lilley, Stephen C. Mahan, Michael E. McGinty, Jason S. Miyares, A. Bonwill Shockley, Mark S. Smith, Kristie A. Wooten, (epri, ) |
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Att: 1
Civil Motions Procedures(2) USM 285 forms
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| Monday, June 26, 2023 | ||
| 3 | 3
cmp
Amended Complaint
Mon 06/26 3:37 PM
AMENDED COMPLAINT against Peter V. Chiusano, Steven C. Frucci, Roger J. Griffin, Louise R. Lerner, Leslie L. Lilley, Stephen C. Mahan, Michael E. McGinty, Jason S. Miyares, A. Bonwill Shockley, Mark S. Smith, Kristie A. Wooten, filed by Aldo DiBelardino.(epri, ) |
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Att: 1
Attachment A,
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Att: 2
Attachment B,
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Att: 3
Attachment C
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| Tuesday, June 06, 2023 | ||
| 2 | 2
3
pgs
order
Order
Tue 06/06 12:20 PM
ORDER: To the extent that the plaintiff seeks to remove Case No. CL22-5417 from the Virginia Beach Circuit Court to this Court, the plaintiff is ORDERED to file a Notice of Removal, within 30 days of the date of entry of this Order, that clearly identifies the legal basis for removal and fully complies with the removal requirements set forth in 28 U.S.C. § 1446. If the plaintiff seeks to initiate a new, separate action in this Court, the plaintiff is ORDERED to file an Amended Complaint, within 30 days of the date of the entry of this Order, that will become the operative complaint in this action. A copy of this Order sent to the plaintiff as DIRECTED on 6.6.23. Signed by District Judge Jamar K. Walker and filed on 6/6/23. (epri, ) |
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| Tuesday, May 23, 2023 | ||
| 1 | 1
cmp
Complaint
Tue 05/23 1:20 PM
COMPLAINT against Frucci, Lilley, Mahan, Shockley, The Virginia Judicial Inquiry & Review Commission, The Virginia State Bar ( Filing fee $ 402, receipt number 200001463.), filed by Aldo DiBelardino.(epri, ) |
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Att: 1
Receipt
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