Smith et al v. Dessoffy et al
| Virginia Eastern District Court | |
| Judge: | Rebecca Beach Smith |
| Referred: | Robert J Krask |
| Case #: | 4:24-cv-00028 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question |
| Case Filed: | Feb 27, 2024 |
| Terminated: | Jan 16, 2025 |
| Last checked: Sunday Aug 25, 2024 5:33 AM EDT |
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Defendant
Brian Butcher
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Represented By
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Defendant
Childrens Hospital of the Kings Daughters
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Represented By
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Defendant
Tamara Dessoffy
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Represented By
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Defendant
Pediatrics at Oyster Point
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Represented By
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Notice
UNITED STATES OF AMERICA
United States Attorney's Office 101 West Main Street Suite 8000
Norfolk, VA 23510 |
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Plaintiff
F.P.S.
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Plaintiff
Kenneth Bates Smith
7 Miles Cary Road
Newport News, VA 23606 |
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Plaintiff
T.B.S.
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| Docket last updated: 4 hours ago |
| Thursday, January 16, 2025 | ||
| 41 | 41
order
Judgment - Clerk
Thu 01/16 3:24 PM
CLERK'S JUDGMENT. Signed by Clerk on 1/16/25. (epri, ) |
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| 40 | 40
15
pgs
order
Order on Motion for Extension of Time to File Response/Reply Order on Motion to Dismiss for Failure to State a Claim
Thu 01/16 3:17 PM
DISMISSAL ORDER: Plaintiffs' Motion for Extension, ECF No. 31, is GRANTED; all claims asserted against CHKD are DISMISSED without prejudice pursuant to Plaintiffs' request, ECF No. 33; CHKD's Motion to Dismiss, ECF No. 19, is DISMISSED as moot; and Ms. Dessoffy, Dr. Butcher, and Pediatrics at Oyster Point's Motions to Dismiss, ECF Nos. 12, 14, and 16, are GRANTED as to Plaintiffs' § 1983 claims. The § 1983 claims asserted on behalf of F.P.S. and T.B.S. are DISMISSED without prejudice, and the § 1983 claims asserted on behalf of Mr. Smith are DISMISSED with prejudice. The court declines to exercise supplemental jurisdiction over Plaintiffs' state law claims. Plaintiffs' state law claims are DISMISSED without prejudice. Copies of this Order sent as DIRECTED on 1.16.25. Signed by District Judge Rebecca Beach Smith and filed on 1/16/25. (epri, ) |
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| Friday, January 10, 2025 | ||
| 39 | 39
notice
Notice of Appearance
Fri 01/10 10:18 AM
NOTICE of Appearance by Anna Cotto on behalf of Brian Butcher, Tamara Dessoffy, Pediatrics at Oyster Point (Cotto, Anna) |
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| Tuesday, January 07, 2025 | ||
| 38 | 38
2
pgs
order
Order on Motion to Withdraw as Attorney Order on Motion to Substitute Attorney
Tue 01/07 4:52 PM
ORDER: The Moving Defendants' Motion for Withdrawal of Amber Bockin and Substitution of Anna M. Cotto as Counsel, and the United States' Motion for Withdrawal of Anna M. McKenzie as Counsel, ECF Nos. 35 and 37, are GRANTED. Docket updated and copies of Order sent as DIRECTED on 1.7.25. Signed by District Judge Rebecca Beach Smith and filed on 1/7/25. (epri, ) |
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| Tuesday, December 17, 2024 | ||
| 37 | 37
motion
Withdraw as Attorney Substitute Attorney
Tue 12/17 6:15 PM
MOTION to Withdraw as Attorney Amber L. Bockin, Esquire , MOTION to Substitute Attorney Anna M. Cotto, Esquire by Brian Butcher, Tamara Dessoffy, Pediatrics at Oyster Point. (Bockin, Amber) |
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| 36 | 36
3
pgs
respm
Memorandum in Support
Tue 12/17 2:52 PM
Memorandum in Support re35 MOTION to Withdraw as Attorney filed by UNITED STATES OF AMERICA. (McKenzie, Anna) |
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| 35 | 35
motion
Withdraw as Attorney
Tue 12/17 2:51 PM
MOTION to Withdraw as Attorney by UNITED STATES OF AMERICA.(McKenzie, Anna) |
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Att: 1
Proposed Order
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| 34 | 34
notice
Notice of Appearance
Tue 12/17 11:34 AM
NOTICE of Appearance by Garry D. Hartlieb on behalf of UNITED STATES OF AMERICA (Hartlieb, Garry) |
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| Friday, June 21, 2024 | ||
| 33 | 33
motion
Dismiss Voluntarily
Fri 06/21 1:42 PM
PLAINTIFF'S RESPONSE TO CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS (CHKD) MOTION TO DISMISS by F.P.S., Kenneth Bates Smith, T.B.S.. (epri, ) |
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| Friday, May 31, 2024 | ||
| 32 | 32
misc
Certificate of Service
Fri 05/31 9:45 AM
CERTIFICATE of Service Amended and Corrected re19 MOTION to Dismiss for Failure to State a Claim with Roseboro,.,21 Roseboro Notice,22 Roseboro Notice,20 Memorandum in Support by Clark James Belote on behalf of Childrens Hospital of the Kings Daughters (Belote, Clark) |
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| Thursday, May 30, 2024 | ||
| 31 | 31
motion
Extension of Time to File Response/Reply
Thu 05/30 11:40 AM
MOTION FOR LEAVE OF THE COURT AND EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT'S MOTION TO DISMISS by Kenneth Bates Smith. (epri, ) |
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| Wednesday, May 29, 2024 | ||
| 30 | 30
notice
Notice of Appearance
Wed 05/29 9:40 AM
NOTICE of Appearance by Jason Robert Davis on behalf of Childrens Hospital of the Kings Daughters (Davis, Jason) |
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| Tuesday, May 28, 2024 | ||
| 29 | 29
respoth
Reply Other
Tue 05/28 8:49 AM
Reply to Pro Se Plaintiff's Late Opposition filed by Brian Butcher, Tamara Dessoffy, Pediatrics at Oyster Point. (Bockin, Amber) |
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| Thursday, May 23, 2024 | ||
| 28 | 28
notice
Notice (other)
Thu 05/23 10:06 AM
NOTICE by Childrens Hospital of the Kings Daughters re19 MOTION to Dismiss for Failure to State a Claim with Roseboro,. (Belote, Clark) |
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| Tuesday, May 21, 2024 | ||
| 27 | 27
respm
Response to Motion
Tue 05/21 5:01 PM
PLAINTIFF'S RESPONSE TO TAMARA DESSOFFY, BRIAN BUTCHER, AND PEDIATRICS AT OYSTER POINT MOTION TO DISMISS filed by F.P.S., Kenneth Bates Smith, T.B.S. (epri, ) |
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| 26 | 26
misc
Waiver of
Tue 05/21 12:17 PM
Waiver of re14 MOTION to Dismiss for Failure to State a Claim with Roseboro,.,18 Roseboro Notice,15 Memorandum in Support by Brian Butcher (Bockin, Amber) |
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| 25 | 25
misc
Waiver of
Tue 05/21 12:15 PM
Waiver of re17 Memorandum in Support,16 MOTION to Dismiss for Failure to State a Claim with Roseboro,.,18 Roseboro Notice by Pediatrics at Oyster Point (Bockin, Amber) |
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| 24 | 24
misc
Waiver of
Tue 05/21 12:12 PM
Waiver of re12 MOTION to Dismiss for Failure to State a Claim with Roseboro,.,13 Memorandum in Support,18 Roseboro Notice by Tamara Dessoffy (Bockin, Amber) |
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| Wednesday, May 01, 2024 | ||
| 23 | 23
misc
Financial Disclosure Statement
Wed 05/01 12:42 PM
Financial Interest Disclosure Statement (Local Rule 7.1) by Childrens Hospital of the Kings Daughters. (Belote, Clark) |
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| Monday, April 29, 2024 | ||
| 22 | 22
misc
Roseboro Notice
Mon 04/29 12:16 PM
Roseboro Notice as to Motion to Dismiss of Childrens Hospital of The Kings Daughters, Incorporated Amended Roseboro Notice by Childrens Hospital of the Kings Daughters (Belote, Clark) |
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| 21 | 21
misc
Roseboro Notice
Mon 04/29 12:06 PM
Roseboro Notice as to Motion to Dismiss of Childrens Hospital of The Kings Daughters, Incorporated by Childrens Hospital of the Kings Daughters (Belote, Clark) |
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| 20 | 20
10
pgs
respm
Memorandum in Support
Mon 04/29 12:04 PM
Memorandum in Support re19 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Childrens Hospital of the Kings Daughters. (Belote, Clark) |
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| 19 | 19
motion
Dismiss for Failure to State a Claim
Mon 04/29 12:04 PM
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Childrens Hospital of the Kings Daughters. (Belote, Clark) |
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| Friday, April 26, 2024 | ||
| 18 | 18
misc
Roseboro Notice
Fri 04/26 4:20 PM
Roseboro Notice to Pro Se Plaintiff K. Smith re Motions to Dismiss by Brian Butcher, Tamara Dessoffy, Pediatrics at Oyster Point (Bockin, Amber) |
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| 17 | 17
24
pgs
respm
Memorandum in Support
Fri 04/26 4:18 PM
Memorandum in Support re16 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Pediatrics at Oyster Point. (Bockin, Amber) |
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| 16 | 16
motion
Dismiss for Failure to State a Claim
Fri 04/26 4:18 PM
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Pediatrics at Oyster Point. (Bockin, Amber) |
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| 15 | 15
23
pgs
respm
Memorandum in Support
Fri 04/26 4:17 PM
Memorandum in Support re14 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Brian Butcher. (Bockin, Amber) |
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| 14 | 14
motion
Dismiss for Failure to State a Claim
Fri 04/26 4:16 PM
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Brian Butcher. (Bockin, Amber) |
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| 13 | 13
24
pgs
respm
Memorandum in Support
Fri 04/26 4:14 PM
Memorandum in Support re12 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Tamara Dessoffy. (Bockin, Amber) |
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| 12 | 12
motion
Dismiss for Failure to State a Claim
Fri 04/26 4:13 PM
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Tamara Dessoffy. (Bockin, Amber) |
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| Thursday, April 25, 2024 | ||
| 11 | 11
service
Certificate of Service
Thu 04/25 4:24 PM
CERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re10 NOTICE (McKenzie, Anna) |
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| 10 | 10
notice
Notice (other)
Thu 04/25 3:51 PM
NOTICE by UNITED STATES OF AMERICA re2 NOTICE (McKenzie, Anna) |
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| Friday, March 29, 2024 | ||
| 9 | 9
service
Waiver of Service Executed
Fri 03/29 12:14 PM
WAIVER OF SERVICE Returned Executed by Pediatrics at Oyster Point. Pediatrics at Oyster Point waiver sent on 2/27/2024, answer due 4/29/2024. (Bockin, Amber) |
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| Friday, March 22, 2024 | ||
| 8 | 8
service
Waiver of Service Executed
Fri 03/22 10:29 AM
WAIVER OF SERVICE Returned Executed as to Childrens Hospital of the Kings Daughters waiver sent on 2/27/2024, answer due 4/29/2024. (epri, ) |
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| 7 | 7
misc
Docket Annotation
Fri 03/22 10:25 AM
Local Rule 83.1(M) Certification, re4 by Kenneth Bates Smith. (epri, ) |
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| Tuesday, March 19, 2024 | ||
| 6 | 6
service
Waiver of Service Executed
Tue 03/19 3:06 PM
WAIVER OF SERVICE Returned Executed by Tamara Dessoffy. Tamara Dessoffy waiver sent on 3/19/2024 2/27/2024, answer due 5/20/2024 4/29/2024. (Bockin, Amber) Modified on 3/19/2024 (epri, ) |
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| 5 | 5
service
Waiver of Service Executed
Tue 03/19 3:04 PM
WAIVER OF SERVICE Returned Executed by Brian Butcher. Brian Butcher waiver sent on 3/19/2024 2/27/2024, answer due 5/20/2024 4/29/24. (Bockin, Amber) Modified on 3/19/2024 (epri, ) |
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| Monday, March 11, 2024 | ||
| 4 | 4
2
pgs
order
Order
Mon 03/11 5:04 PM
ORDER: Plaintiffs are ORDERED to file the required Ghostwriting Certification Form within fourteen days of the date of entry of this Order. A copy of this Order and a copy of the court's Ghostwriting Certification Form sent to Plaintiffs as DIRECTED on 3.11.24. Signed by District Judge Rebecca Beach Smith and filed on 3/11/24. (epri, ) |
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| Wednesday, February 28, 2024 | ||
| 3 | 3
service
Summons Issued
Wed 02/28 11:17 AM
Four (4) Summonses Issued as to Brian Butcher, Childrens Hospital of the King's Daughters, Tamara Dessoffy, Pediatrics at Oyster Point. Service packets mailed to pro se plaintiff on 2.28.24.(epri, ) |
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Att: 1
Civil Motions Procedures
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| Tuesday, February 27, 2024 | ||
| 2 | 2
notice
Notice (other)
Tue 02/27 10:57 AM
NOTICE OF CONSTITUTIONAL QUESTION by F.P.S., Kenneth Bates Smith, T.B.S. re1 Complaint, (epri, ) |
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| 1 | 1
cmp
Complaint
Tue 02/27 10:56 AM
COMPLAINT against Brian Butcher, Childrens Hospital of the Kings Daughters, Tamara Dessoffy, Pediatrics at Oyster Point ( Filing fee $ 405, receipt number 400000796.), filed by Kenneth Bates Smith, T.B.S., F.P.S..(epri, ) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Receipt
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