Napolitano Homes, Inc. v. Fitzcharles
| Virginia Eastern District Court | |
| Judge: | Raymond A Jackson |
| Referred: | Lawrence R Leonard |
| Case #: | 2:23-cv-00626 |
| Nature of Suit | 320 Torts - Personal Injury - Assault, Libel, & Slander |
| Cause | 28:1332 Diversity-Libel, Assault, Slander |
| Case Filed: | Dec 06, 2023 |
| Terminated: | Sep 18, 2024 |
| Last checked: Tuesday Jun 04, 2024 5:33 AM EDT |
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Defendant
Christopher Fitzcharles
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Represented By
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Plaintiff
Napolitano Homes, Inc.
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Represented By
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| Docket last updated: 2 hours ago |
| Wednesday, September 18, 2024 | ||
| 42 | 42
2
pgs
order
Order Dismissing Case
Wed 09/18 4:05 PM
AGREED ORDER OF DISMISSAL. It is hereby ORDERED, ADJUDGED and DECREED that this civil action be and is DISMISSED WITH PREJUDICE. It is further ORDERED, ADJUDGED and DECREED that the Clerk shall remove this civil action from the active docket of this Court. Copies distributed as directed 9/18/2024. Signed by District Judge Raymond A. Jackson on 9/18/2024. (Vpea) |
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| Tuesday, September 17, 2024 | ||
| 41 | 41
misc
Stipulation of Dismissal
Tue 09/17 2:08 PM
STIPULATION of Dismissal by Christopher Fitzcharles. (Wiley, Steven) |
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| Thursday, September 12, 2024 | ||
| 40 | 40
minutes
Jury Trial - Completed
Thu 09/12 12:01 PM
JURY TRIAL (Day #2) held before District Judge Raymond A. Jackson. Attorney Andrew Hendrick appeared with plaintiff Vince Napolitano. Attorney Steven Wiley appeared with defendant Christopher Fitzcharles. Court and counsel conducted charge conference. The parties notified the Court that they had reached a settlement. Jurors excused. Parties directed to file dismissal documentation by 9/17/24. Court adjourned. (Court Reporter Paul McManus, OCR) (bap, ) |
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Att: 1
Witness List,
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Att: 2
Plaintiff's Exhibit List,
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Att: 3
Defendant's Exhibit List
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| Wednesday, September 11, 2024 | ||
| 39 | 39
minutes
Jury Trial - Begun ~Util - Set Hearings
Wed 09/11 5:25 PM
JURY TRIAL (Day #1) held before District Judge Raymond A. Jackson. Attorney Andrew Hendrick appeared with plaintiff Vince Napolitano. Attorney Steven Wiley appeared with defendant Christopher Fitzcharles. Petit jurors sworn, examined on voir dire, and from said panel came a jury of nine jurors, duly sworn. Opening statements heard. Plaintiff presented evidence. Objections heard and rulings made. Plaintiff rested. Out of presence of the jury, Defendant made Rule 50 motion for judgment as a matter of law - Denied. Defendant presented evidence. Defendant rested. Jurors excused and court adjourned until 9/12/2024 at 10:30 a.m. (Court Reporter Paul McManus, OCR) (bap, ) |
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| Thursday, September 05, 2024 | ||
| 38 | 38
5
pgs
order
Order on Motion in Limine
Thu 09/05 2:19 PM
OPINION and ORDER. The Plaintiff's Motion in Limine25 , is GRANTED in part and DENIED in part. See Order for details. Signed by Magistrate Judge Lawrence R. Leonard on 9/5/2024. Copies distributed as directed 9/5/2024. (Vpea) |
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| Wednesday, September 04, 2024 | ||
| 37 | 37
trial
Proposed Voir Dire
Wed 09/04 2:51 PM
Proposed Voir Dire by Christopher Fitzcharles. (Wiley, Steven) |
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| 36 | 36
trial
Proposed Jury Instructions
Wed 09/04 2:50 PM
Proposed Jury Instructions by Christopher Fitzcharles. (Wiley, Steven) |
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| 35 | 35
trial
Proposed Jury Instructions
Wed 09/04 2:49 PM
Proposed Jury Instructions by Christopher Fitzcharles. (Wiley, Steven) |
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| 34 | 34
trial
Proposed Jury Instructions
Wed 09/04 12:11 PM
Proposed Jury Instructions by Napolitano Homes, Inc..(Hendrick, Andrew) |
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Att: 1
Instructions with authority,
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Att: 2
Instructions without authority
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| 33 | 33
trial
Proposed Voir Dire
Wed 09/04 12:09 PM
Proposed Voir Dire by Napolitano Homes, Inc.. (Hendrick, Andrew) |
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| Thursday, August 29, 2024 | ||
| 32 | 32
notice
Notice (other)
Thu 08/29 12:00 PM
NOTICE by Napolitano Homes, Inc. re25 MOTION in Limine (Hendrick, Andrew) |
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| 31 | 31
16
pgs
order
Order
Thu 08/29 11:23 AM
FINAL PRETRIAL ORDER. Signed by Magistrate Judge Lawrence R. Leonard on 8/29/2024. (Vpea) |
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| Monday, August 26, 2024 | ||
| 30 | 30
respm
Response in Opposition to Motion
Mon 08/26 3:47 PM
RESPONSE in Opposition re25 MOTION in Limine filed by Christopher Fitzcharles. (Wiley, Steven) |
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| Thursday, August 22, 2024 | ||
| 29 | 29
motion
Hearing
Thu 08/22 4:13 PM
MOTION for Hearing re23 MOTION for Summary Judgment by Christopher Fitzcharles. (Wiley, Steven) |
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| Tuesday, August 20, 2024 | ||
| 28 | 28
respm
Reply to Response to Motion
Tue 08/20 12:50 PM
REPLY to Response to Motion re23 MOTION for Summary Judgment filed by Napolitano Homes, Inc.. (Hendrick, Andrew) |
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| Monday, August 19, 2024 | ||
| 27 | 27
10
pgs
respm
Memorandum in Opposition
Mon 08/19 4:10 PM
Memorandum in Opposition re23 MOTION for Summary Judgment filed by Christopher Fitzcharles.(Wiley, Steven) |
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Att: 1
Exhibit 1
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| Monday, August 12, 2024 | ||
| 26 | 26
4
pgs
respm
Memorandum in Support
Mon 08/12 1:03 PM
Memorandum in Support re25 MOTION in Limine filed by Napolitano Homes, Inc.. (Hendrick, Andrew) |
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| 25 | 25
motion
In Limine
Mon 08/12 1:02 PM
MOTION in Limine by Napolitano Homes, Inc.. (Hendrick, Andrew) |
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| Monday, August 05, 2024 | ||
| 24 | 24
9
pgs
respm
Memorandum in Support
Mon 08/05 4:52 PM
Memorandum in Support re23 MOTION for Summary Judgment filed by Napolitano Homes, Inc..(Hendrick, Andrew) |
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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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| 23 | 23
motion
Summary Judgment
Mon 08/05 4:48 PM
MOTION for Summary Judgment by Napolitano Homes, Inc.. (Hendrick, Andrew) |
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| Monday, June 24, 2024 | ||
| 22 | 22
14
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 06/24 4:02 PM
MEMORANDUM OPINION AND ORDER. The Motion to Dismiss for Failure to State a Claim12 is GRANTED in part and DENIED in part. The Motion is granted on Count II and denied on Count I. Copies distributed as directed. Signed by District Judge Raymond A. Jackson on 6/24/2024. (Vpea) |
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| Wednesday, May 15, 2024 | ||
| 21 | 21
1
pgs
order
Order of Recusal
Wed 05/15 3:58 PM
ORDER OF RECUSAL. Magistrate Judge Douglas E. Miller recused. Case reassigned to Magistrate Judge Lawrence R. Leonard for all further proceedings Signed by Magistrate Judge Douglas E. Miller and filed on 5/15/24. (epri, ) |
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minutes
Settlement Conference
Thu 05/16 8:40 AM
Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Settlement Conference held on 5/15/2024. (cdod, ) |
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| Tuesday, April 02, 2024 | ||
| 20 | 20
order
Settlement Conference Order
Tue 04/02 1:17 PM
Settlement Conference Order- All parties and their lead counsel are required to appear before the undersigned via Zoomgov remote proceedings for a settlement conference at 1:30 p.m. on May 15,2024. The parties must Submit a brief memorandum of five pages or less directly to the chambers of the undersigned via facsimile to 757-222-7188 or email to Deborah_Crowder@vaed.uscourts.gov (do not file in the clerks office) by noon on May 13,2024. See Order for details. Signed by Magistrate Judge Douglas E. Miller on 4/2/2024. (Vpea) |
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| Monday, April 01, 2024 | ||
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utility
Set/Reset Hearings
Mon 04/01 2:11 PM
Set Hearings: Settlement Conference set for 5/15/2024 at 01:30 PM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, ) |
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| Wednesday, March 27, 2024 | ||
| 19 | 19
4
pgs
order
Order Rule 16b Scheduling Order
Wed 03/27 10:40 AM
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference set for 8/29/2024 at 10:00 AM in Norfolk. Jury Trial set for 9/11/2024 at 10:00 AM in Norfolk. The parties are DIRECTED to minimize motions to seal documents and are ORDERED to schedule a settlement conference on or before the Final Pretrial Conference. Signed by District Judge Raymond A. Jackson on 3/26/24. (ptom, ) |
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| Tuesday, March 26, 2024 | ||
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minutes
Scheduling Conference-Rule16b
Thu 04/04 12:08 PM
Rule 16(b) Scheduling Conference held on 3/26/2024. (bap, ) |
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| Wednesday, March 13, 2024 | ||
| 18 | 18
notice
Request for Hearing
Wed 03/13 3:55 PM
Request for Hearing by Napolitano Homes, Inc. re12 MOTION to Dismiss for Failure to State a Claim Amended Complaint (Hendrick, Andrew) |
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| 17 | 17
misc
Consent/Decline to Jurisdiction by US Magistrate Judge
Wed 03/13 3:39 PM
Consent to Jurisdiction by US Magistrate Judge by Napolitano Homes, Inc.. (Hendrick, Andrew) |
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utility
Set/Reset Hearings
Wed 03/13 12:11 PM
Set/Reset Hearings: Rule 16(b) Scheduling Conference reset for 3/26/2024 at 3:00 p.m. (bap, ) |
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| Tuesday, March 12, 2024 | ||
| 16 | 16
order
Rule 26(f) Pretrial Order
Tue 03/12 11:52 AM
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference to be conducted remotely on 4/5/2024 at 9:30 a.m. Signed by Magistrate Judge Douglas E. Miller on 3/12/2024. (bap, ) |
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| Monday, March 04, 2024 | ||
| 15 | 15
17
pgs
respm
Memorandum in Opposition
Mon 03/04 5:09 PM
Memorandum in Opposition re12 MOTION to Dismiss for Failure to State a Claim Amended Complaint filed by Napolitano Homes, Inc..(Hendrick, Andrew) |
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Att: 1
Exhibit A
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| Tuesday, February 20, 2024 | ||
| 14 | 14
answer
Answer to Complaint
Tue 02/20 2:29 PM
ANSWER to Complaint Amended Complaint by Christopher Fitzcharles.(Wiley, Steven) |
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| 13 | 13
15
pgs
respm
Memorandum in Support
Tue 02/20 2:27 PM
Memorandum in Support re12 MOTION to Dismiss for Failure to State a Claim Amended Complaint filed by Christopher Fitzcharles. (Wiley, Steven) |
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| 12 | 12
motion
Dismiss for Failure to State a Claim
Tue 02/20 2:26 PM
MOTION to Dismiss for Failure to State a Claim Amended Complaint by Christopher Fitzcharles. (Wiley, Steven) |
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| Tuesday, February 06, 2024 | ||
| 11 | 11
cmp
Amended Complaint
Tue 02/06 1:58 PM
AMENDED COMPLAINT against Christopher Fitzcharles, filed by Napolitano Homes, Inc..(Hendrick, Andrew) |
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Att: 1
Exhibit A
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| Tuesday, January 23, 2024 | ||
| 10 | 10
15
pgs
respm
Memorandum in Support
Tue 01/23 4:00 PM
Memorandum in Support re9 MOTION to Dismiss for Failure to State a Claim filed by Christopher Fitzcharles. (Wiley, Steven) |
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| 9 | 9
motion
Dismiss for Failure to State a Claim
Tue 01/23 3:58 PM
MOTION to Dismiss for Failure to State a Claim by Christopher Fitzcharles. (Wiley, Steven) |
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| 8 | 8
answer
Answer to Complaint
Tue 01/23 3:57 PM
ANSWER to Complaint by Christopher Fitzcharles.(Wiley, Steven) |
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| 7 | 7
misc
Jury Demand
Tue 01/23 3:54 PM
DEMAND for Trial by Jury by Christopher Fitzcharles. (Wiley, Steven) |
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| Wednesday, January 17, 2024 | ||
| 6 | 6
service
Affidavit of Service
Wed 01/17 9:54 AM
AFFIDAVIT for Service of Process on Christopher Fitzcharles from The Secretary of the Commonwealth.(Vpea) |
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Att: 1
Envelope
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| Friday, December 08, 2023 | ||
| 5 | 5
service
Summons Issued
Fri 12/08 4:26 PM
Summons Issued as to Christopher Fitzcharles, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed 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 and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted.(Vpea) |
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Att: 1
Civil Motion Procedures
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| Thursday, December 07, 2023 | ||
| 4 | 4
misc
Proposed Summons
Thu 12/07 11:13 AM
Proposed Summons re1 Complaint by Napolitano Homes, Inc.. (Hendrick, Andrew) |
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| 3 | 3
misc
Citizenship Disclosure Form
Thu 12/07 10:38 AM
Citizenship Disclosure Form (Local Rule 7.1) by Napolitano Homes, Inc.. (Hendrick, Andrew) |
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| 2 | 2
misc
Financial Disclosure Statement
Thu 12/07 10:29 AM
Financial Interest Disclosure Statement (Local Rule 7.1) by Napolitano Homes, Inc.. (Hendrick, Andrew) |
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misc
Notice of Correction
Thu 12/07 9:42 AM
Notice of Correction re1 Complaint. A financial disclosure statement was not filed with the party's first appearance as required by Local Rule 7.1. The party is allowed seven (7) days to correct the deficiency and file the financial disclosure statement. Additionally, pursuant to Civil Local Rule 7.1, a Citizenship Disclosure Form should be filed in any case noting a diversity of citizenship jurisdiction. The form can be found on our internet site and should promptly be filed. (epri, ) |
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| Wednesday, December 06, 2023 | ||
| 1 | 1
cmp
Complaint
Wed 12/06 4:44 PM
Complaint ( Filing fee $ 405, receipt number AVAEDC-9252579.), filed by Napolitano Homes, Inc..(Hendrick, Andrew) |
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Att: 1
Exhibit A,
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Att: 2
Civil Cover Sheet
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utility
Initial Case Assignment
Thu 12/07 9:38 AM
Initial Case Assignment to District Judge Raymond A. Jackson and Magistrate Judge Douglas E. Miller. (epri, ) |
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