Banks v. Virginia Beach Police Department et al

Virginia Eastern District Court
Judge:	Raymond A Jackson
Referred:	Robert J Krask
Case #:	2:24-cv-00149
Nature of Suit	442 Civil Rights - Employment
Cause	28:1331 Civil Rights (Race Discrimination)

Case Filed:

Mar 06, 2024

Docket
Parties (10)

Last checked: Monday Sep 02, 2024 4:50 AM EDT

Defendant City of Virginia Beach	Represented By Gerald Logan Harris Virginia Beach City Attorney'S Office contact info Christopher Scott Boynton Office Of The City Attorney - Virginia Beach contact info Christopher James Turpin Office Of The City Attorney, City Of Virginia Beach contact info
Plaintiff Michael Banks	Represented By Pamela Johnson Branch Tully Rinckey, PLLC contact info
TERMINATED PARTIES
Defendant Deputy Chief Sean Adams Terminated: 05/14/2024
Defendant Captain Michael Clark Terminated: 05/14/2024
Defendant Officer Andrew Houston Terminated: 05/14/2024
Defendant Chief Paul Neudigate Terminated: 05/14/2024
Defendant Virginia Beach Police Department Terminated: 05/14/2024
Defendant Deputy Chief Shannon Wichtendahl Terminated: 05/14/2024
Defendant Sergeant Jessica Cole Terminated: 05/14/2024
Defendant Alicia Lieutenant Jones Terminated: 05/14/2024

Docket last updated: 2 hours ago

Monday, May 05, 2025
32		32 1 pgs order Order Mon 05/05 4:42 PM ORDER: The parties are DIRECTED to submit to the chambers of the undersigned, no later than May 12, 2025, the following listed herein. Signed by Magistrate Judge Robert J. Krask on 5/5/25. (mrees) Related: [-]
		utility Set/Reset Hearings Mon 05/05 4:12 PM Final Pretrial Conference reset for 5/15/2025 at 01:30 PM in Norfolk Judges Chamber before Magistrate Judge Robert J. Krask. (btit) Related: [-]
Friday, May 02, 2025
31		31 2 pgs order Order on Motion for Extension of Time to Complete Discovery Fri 05/02 4:42 PM ORDER granting29 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Robert J. Krask on 5/2/25. (mrees) Related: [-]
30		30 1 pgs order Order of Recusal Fri 05/02 2:46 PM ORDER OF RECUSAL. Magistrate Judge Lawrence R. Leonard recused. Case reassigned to Magistrate Judge Robert J. Krask for all further proceedings. Signed by Magistrate Judge Lawrence R. Leonard on 5/2/25. (mrees) Related: [-]
		minutes Settlement Conference Fri 05/02 12:39 PM Settlement Conference held on 5/2/2025 before Magistrate Judge Lawrence R. Leonard. (lwoo) Related: [-]
		utility Motions Referred Fri 05/02 3:48 PM MOTIONS REFERRED to Magistrate Judge: Krask.29 First MOTION for Extension of Time to Complete Discovery Pretrial Disclosures (mrees, ) Related: [-]
Thursday, May 01, 2025
		utility Motions Referred Thu 05/01 10:45 AM MOTIONS REFERRED to Magistrate Judge: Leonard.29 First MOTION for Extension of Time to Complete Discovery Pretrial Disclosures (mrees) Related: [-]
Wednesday, April 30, 2025
29		29 motion Extension of Time to Complete Discovery Wed 04/30 9:30 PM First MOTION for Extension of Time to Complete Discovery Pretrial Disclosures by Michael Banks. (Branch, Pamela) Related: [-]
Tuesday, April 29, 2025
28		28 30+ pgs respm Memorandum in Support Tue 04/29 2:47 PM Memorandum in Support re27 MOTION for Summary Judgment filed by City of Virginia Beach.(Howerin, Elizabeth) Related: [-]
		Att: 1 Exhibit A (Houston Affidavit),
		Att: 2 Exhibit B (Plaintiff Deposition Transcript),
		Att: 3 Exhibit C (Wichtendahl Affidavit),
		Att: 4 Exhibit D (Interrogatories & Requests for Admission),
		Att: 5 Exhibit E (Jones Affidavit),
		Att: 6 Exhibit F (Policy 2.02),
		Att: 7 Exhibit G (Neudigate Affidavit),
		Att: 8 Exhibit H (BANKS000115),
		Att: 9 Exhibit I (CITY_006860-006861),
		Att: 10 Exhibit J (CITY_007176-CITY_007177),
		Att: 11 Exhibit K (BANKS000010),
		Att: 12 Exhibit L (CITY_008272),
		Att: 13 Exhibit M (CITY_008268-008270),
		Att: 14 Exhibit N (CITY_10280),
		Att: 15 Exhibit O (CITY_008268-008270),
		Att: 16 Exhibit P (CITY_001021-0010283)
27		27 motion Summary Judgment Tue 04/29 2:21 PM MOTION for Summary Judgment by City of Virginia Beach. (Howerin, Elizabeth) Related: [-]
Friday, March 07, 2025
26		26 order Settlement Conference Order Fri 03/07 4:17 PM Settlement Conference Order: Settlement Conference scheduled for May 2, 2025 at 9:30 am; Memorandum due by noon on April 25, 2025. See order for details. Signed by Magistrate Judge Lawrence R. Leonard on 3/7/2025. (alet) Related: [-]
		utility Set/Reset Hearings Fri 03/07 4:18 PM Set Hearings: Settlement Conference set for 5/2/2025 at 09:30 AM before Magistrate Judge Lawrence R. Leonard. (alet) Related: [-]
Thursday, February 20, 2025
25		25 6 pgs order Order on Motion for Protective Order Thu 02/20 3:37 PM PROTECTIVE ORDER. Signed by Magistrate Judge Lawrence R. Leonard on 2/20/2025. (alet) Related: [-]
Wednesday, February 19, 2025
		utility Motions Referred Wed 02/19 10:01 AM MOTIONS REFERRED to Magistrate Judge: Leonard.23 Consent MOTION for Protective Order (alet) Related: [-]
Tuesday, February 18, 2025
24		24 5 pgs respm Memorandum in Support Tue 02/18 3:30 PM Memorandum in Support re23 Consent MOTION for Protective Order filed by City of Virginia Beach.(Kurt, Joseph) Related: [-]
		Att: 1 Proposed Order
23		23 motion Protective Order Tue 02/18 3:29 PM Consent MOTION for Protective Order by City of Virginia Beach. (Kurt, Joseph) Related: [-]
Friday, January 31, 2025
		misc Notice of Correction Fri 01/31 12:30 PM Notice of Correction re 22 Rule 26 Disclosure. The filing user has been notified that pursuant to FRCP 5(d) and/or the Rule 16b Scheduling Order, discovery documents are not to be filed. The Clerk's Office has removed this document. No further action is necessary. (alet) Related: [-]
Thursday, January 30, 2025
22		22 misc Rule 26 Disclosure Thu 01/30 12:21 PM Rule 26 Disclosure by Michael Banks. (Branch, Pamela) Related: [-]
Thursday, January 16, 2025
21		21 4 pgs order Order Rule 16b Scheduling Order Thu 01/16 4:59 PM Rule 16(b) Scheduling Order. Final Pretrial Conference set for 5/16/2025 at 10:00 a.m. in Norfolk. Jury Trial set to commence on 6/3/2025 at 10:00 a.m. in Norfolk. The parties are ORDERED to schedule a settlement conference with the Magistrate Judge on or before the Final Pretrial Conference. Signed by District Judge Raymond A. Jackson on 1/16/2025. (bap, ) Related: [-]
		minutes Scheduling Conference-Rule16b Thu 01/16 9:41 AM Rule 16(b) Scheduling Conference held. (bap, ) Related: [-]
Monday, December 30, 2024
20		20 order Rule 26(f) Pretrial Order Mon 12/30 3:20 PM RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference to be conducted remotely on 1/16/2025 at 9:30 a.m. Signed by Magistrate Judge Lawrence R. Leonard on 12/30/2024. (bap, ) Related: [-]
Monday, December 16, 2024
19		19 1 pgs order Order on Motion to Withdraw as Attorney Mon 12/16 4:05 PM ORDER granting18 Motion to Withdraw as Attorney. Attorney Gerald Logan Harris terminated. Signed by District Judge Raymond A. Jackson on 12/16/2024. (alet, ) Related: [-]
Friday, December 13, 2024
18		18 motion Withdraw as Attorney Fri 12/13 10:57 AM MOTION to Withdraw as Attorney by City of Virginia Beach.(Harris, Gerald) Related: [-]
		Att: 1 Proposed Order
Tuesday, December 10, 2024
17		17 answer Answer to Complaint Tue 12/10 1:38 PM ANSWER to Complaint by City of Virginia Beach.(Turpin, Christopher) Related: [-]
		misc Refer for 16 b Tue 12/10 2:58 PM Refer for 16(b) (alet, ) Related: [-]
Tuesday, November 26, 2024
16		16 19 pgs order Order on Motion to Dismiss for Failure to State a Claim Mon 12/02 3:53 PM MEMORANDUM OPINION AND ORDER: Defendant's10 Motion to Dismiss is GRANTED in PART and DENIED in PART. The Court confines Plaintiff's retaliation claim to the two incidents that occurred between July 23, 2021, and April 20, 2022, and the demotion that occurred after May 19, 2022. Signed by District Judge Raymond A. Jackson on 11/26/24. (mrees) Related: [-]
Thursday, November 07, 2024
15		15 notice Notice of Appearance Thu 11/07 12:09 PM NOTICE of Appearance by Joseph Martin Kurt on behalf of City of Virginia Beach (Kurt, Joseph) Related: [-]
Tuesday, July 30, 2024
14		14 respm Reply to Response to Motion Tue 07/30 11:44 AM REPLY to Response to Motion re10 MOTION to Dismiss for Failure to State a Claim filed by City of Virginia Beach. (Harris, Gerald) Related: [-]
13		13 notice Notice of Appearance Tue 07/30 11:43 AM NOTICE of Appearance by Gerald Logan Harris on behalf of City of Virginia Beach (Harris, Gerald) Related: [-]
Thursday, July 25, 2024
		misc Notice of Correction Thu 07/25 9:51 AM Notice of Correction re12 Memorandum in Opposition. The document is titled Motion and Memorandum in Support of it's Motion in Opposition to Defendant's Motion to Dismiss. This document should not be titled as a motion and should be titled as a Memorandum in Opposition to the Motion to Dismiss. No further action is required at this time. (mrees) Related: [-]
Wednesday, July 24, 2024
12		12 8 pgs respm Memorandum in Opposition Wed 07/24 10:34 AM Memorandum in Opposition re10 MOTION to Dismiss for Failure to State a Claim with Exhibits filed by Michael Banks.(Branch, Pamela) Related: [-]
		Att: 1 Exhibit 7/23/2021 Email to O'Brien,
		Att: 2 Exhibit 5/19/2022 EEOC Charge
Monday, July 15, 2024
11		11 8 pgs respm Memorandum in Support Mon 07/15 3:06 PM Memorandum in Support re10 MOTION to Dismiss for Failure to State a Claim filed by City of Virginia Beach.(Turpin, Christopher) Related: [-]
		Att: 1 Exhibit A (EEOC Charge),
		Att: 2 Exhibit B (Right to Sue Letter)
10		10 motion Dismiss for Failure to State a Claim Mon 07/15 3:01 PM MOTION to Dismiss for Failure to State a Claim by City of Virginia Beach. (Turpin, Christopher) Related: [-]
Wednesday, June 12, 2024
9		9 notice Notice of Appearance Wed 06/12 1:57 PM NOTICE of Appearance by Christopher Scott Boynton on behalf of City of Virginia Beach (Boynton, Christopher) Related: [-]
		misc Notice of Correction Wed 06/12 9:08 AM Notice of Correction re8 Notice of Appearance. Document number 8 is incorrectly saved as a PDF fillable form. Please refile the document after saving it correctly. (mrees) Related: [-]
Tuesday, June 11, 2024
8		8 notice Notice of Appearance Tue 06/11 4:02 PM NOTICE of Appearance by Christopher Scott Boynton on behalf of City of Virginia Beach (Boynton, Christopher) Related: [-]
Saturday, June 08, 2024
7		7 service Waiver of Service Executed Sat 06/08 9:30 AM WAIVER OF SERVICE Returned Executed by Michael Banks. City of Virginia Beach waiver sent on 5/14/2024, answer due 7/15/2024. (Branch, Pamela) Related: [-]
Wednesday, June 05, 2024
		notice Notice (other) Wed 06/05 10:18 AM CLERK'S NOTICE TO COUNSEL: Responsive pleadings to the complaint have not been filed by defendant. Counsel is requested to file a status report within fifteen (15) days from the date of this notice. The status report should be in the form of a pleading that conforms to ECF Policies and Procedures.A party seeking reasonable extension of time to respond to the complaint must obtain court approval by filing an appropriate motion with a proposed order. If a party is in default, plaintiff's counsel may file a request for entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. The request for entry of default should be in the form of a pleading which conforms to ECF Policies and Procedures. (mrees) Related: [-]
Tuesday, May 14, 2024
6		6 cmp Amended Complaint Tue 05/14 9:04 AM AMENDED COMPLAINT Michael Banks against City Of Virginia Beach, filed by Michael Banks.(Branch, Pamela) Related: [-]
		cmp Complaint Tue 05/14 9:02 AM Complaint Amended Complaint , filed by Michael Banks.(Branch, Pamela) Related: [-]
		misc Notice of Correction Tue 05/14 9:37 AM Notice of Correction re 5 Complaint. Document number 5 was incorrectly filed as a complaint. The document has been removed. Spoke with attorney and she refiled the corrected document at ECF No. 6. No further action is required at this time. (mrees, ) Related: [-]
Thursday, March 07, 2024
4		4 service Summons Issued Thu 03/07 10:58 AM Seven (7) Summonses Issued as to Sean Adams, Michael Clark, Jessica Cole, Andrew Houston, Alicia Lieutenant Jones, Paul Neudigate, Virginia Beach Police Department, 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.(epri, ) Related: [-]
		Att: 1 Civil Motions Procedures
Wednesday, March 06, 2024
3		3 misc Proposed Summons Wed 03/06 3:22 PM Proposed Summons by Michael Banks. (Branch, Pamela) Related: [-]
2		2 misc Civil Cover Sheet Wed 03/06 3:20 PM Civil Cover Sheet by Michael Banks. (Branch, Pamela) Related: [-]
1		1 cmp Complaint Wed 03/06 3:18 PM Complaint ( Filing fee $ 405, receipt number AVAEDC-9400762.), filed by Michael Banks.(Branch, Pamela) Related: [-]
		utility Initial Case Assignment Thu 03/07 10:37 AM Initial Case Assignment to District Judge Raymond A. Jackson and Magistrate Judge Lawrence R. Leonard. (epri, ) Related: [-]

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