Biggers, Jr. v. Town of Farmville, Virginia
| Virginia Eastern District Court | |
| Judge: | John A Gibney, Jr |
| Case #: | 3:22-cv-00736 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12101 Americans with Disabilities Act |
| Case Filed: | Nov 28, 2022 |
| Terminated: | Jan 02, 2024 |
| Last checked: Saturday May 27, 2023 5:00 AM EDT |
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Defendant
Town of Farmville, Virginia
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Represented By
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Plaintiff
Robert W. Biggers, Jr.
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Represented By
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| Docket last updated: 8 hours ago |
| Tuesday, January 02, 2024 | ||
| 17 | 17
1
pgs
order
Order Dismissing Case
Tue 01/02 2:14 PM
FINAL ORDER The Court acknowledges the parties' voluntary dismissal with prejudice filed on December 19, 2023. The Clerk is DIRECTED to Close this case. It is so ORDERED. Signed by District Judge John A. Gibney, Jr on 1/2/2024. (Kat) |
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| Tuesday, December 19, 2023 | ||
| 16 | 16
misc
Stipulation of Dismissal
Tue 12/19 12:50 PM
STIPULATION of Dismissal by Robert W. Biggers, Jr. (Crowley, Scott) |
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| Friday, December 01, 2023 | ||
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minutes
Settlement Conference
Mon 12/04 10:03 AM
Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Settlement Conference held on 12/1/2023. (jsau, ) |
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| Thursday, October 26, 2023 | ||
| 14 | 14
notice
Notice of Appearance
Thu 10/26 10:17 AM
NOTICE of Appearance by Brian P. Ettari on behalf of Town of Farmville, Virginia (Ettari, Brian) Modified on 10/26/2023 to correct filer (smej, ) |
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| Wednesday, September 27, 2023 | ||
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utility
Set/Reset Hearings
Wed 09/27 10:35 AM
Set Hearing: Settlement Conference set for 12/1/2023 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge Mark R. Colombell. (jsau, ) |
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| Tuesday, September 26, 2023 | ||
| 13 | 13
4
pgs
order
Order
Tue 09/26 5:01 PM
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE - The Court has scheduled this case for a settlement conference on December 1, 2023 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Mark R. Colombell. Signed by Magistrate Judge Mark R. Colombell on 9/26/2023. (smej, ) |
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| Wednesday, September 20, 2023 | ||
| 12 | 12
order
Pretrial Order ~Util - Set Hearings
Wed 09/20 8:44 AM
PRETRIAL ORDER: Jury Trial set for 2/1/2024 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. Signed by District Judge John A. Gibney, Jr. on 9/20/23. (wtuc) |
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| Tuesday, September 19, 2023 | ||
| 11 | 11
1
pgs
order
Order
Tue 09/19 4:15 PM
ORDER - It is hereby ORDERED that the settlement conference and proceedings are referred to United States Magistrate Judge Mark R. Colombell. Counsel shall be responsible for contacting the Chambers of Judge Colombell within five (5) days of the date of this Order to schedule the conference, which should occur at such time as Judge Colombell shall approve. Signed by District Judge John A. Gibney, Jr. on 9/19/2023. (Copy sent to Judge Colombell) (smej, ) |
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minutes
Pretrial Conference - Initial 1 - Terminate Hearings
Tue 09/19 12:58 PM
Minute Entry for proceedings held before District Judge John A. Gibney, Jr.:Initial Pretrial Conference held on 9/19/2023. (wtuc) |
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utility
Case Assigned/Reassigned
Tue 09/19 4:16 PM
Case Referred to Magistrate Judge Mark R. Colombell. (smej, ) |
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| Wednesday, August 02, 2023 | ||
| 10 | 10
order
Scheduling Order
Wed 08/02 12:57 PM
SCHEDULING ORDER:Initial Pretrial Conference set for 9/19/2023 at 09:05 AM before District Judge John A. Gibney, Jr. Counsel shall report to Courtroom 6000. Signed by District Judge John A. Gibney, Jr. on 8/2/23. (wtuc) |
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| Tuesday, August 01, 2023 | ||
| 9 | 9
answer
Answer to Complaint
Tue 08/01 8:40 AM
ANSWER to Complaint by Town of Farmville, Virginia.(York, Melissa) |
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| Tuesday, July 18, 2023 | ||
| 8 | 8
8
pgs
order
Order on Motion to Dismiss
Tue 07/18 12:20 PM
ORDER - Robert W. Biggers. Jr., ("Biggers") alleges that his former employer, the Town of Farmville, (the "Town"), failed to accommodate and wrongfully terminated him due to his disability. Biggers asserts claims under the Americans with Disabilities Act of 1990 ("ADA") and the Virginia Human Rights Act ("VHRA"). The Town moves to dismiss Count II, (the "VHRA claim"), pursuant to Federal Rule of Civil Procedure 12(b)(6), asserting that Biggers has failed to state a claim upon which relief can be granted. The Town asserts its sovereign immunity and argues that Biggers did not exhaust his administrative remedies. Because sovereign immunity bars the VHRA claim, the Court will grant the Town's motion to dismiss Count II. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr. on 7/18/2023. (smej, ) |
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| Wednesday, February 22, 2023 | ||
| 7 | 7
notice
Notice (other)
Wed 02/22 2:42 PM
NOTICE by Town of Farmville, Virginia Notice of Supplemental Authority(York, Melissa) |
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Att: 1
Exhibit 1
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| Monday, January 23, 2023 | ||
| 6 | 6
respoth
Reply Other
Mon 01/23 1:31 PM
Reply Brief In Support of Partial Motion to Dismiss filed by Town of Farmville, Virginia. (York, Melissa) |
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| Tuesday, January 17, 2023 | ||
| 5 | 5
8
pgs
respm
Memorandum in Opposition
Tue 01/17 9:21 PM
Memorandum in Opposition re3 MOTION to Dismiss Partial Motion to Dismiss filed by Robert W. Biggers, Jr.(Crowley, Scott) |
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Att: 1
Exhibit 1
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| Tuesday, January 03, 2023 | ||
| 4 | 4
respoth
Brief in Support
Tue 01/03 11:46 AM
Brief in Support to3 MOTION to Dismiss Partial Motion to Dismiss filed by Town of Farmville, Virginia.(York, Melissa) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| 3 | 3
motion
Dismiss
Tue 01/03 11:44 AM
MOTION to Dismiss Partial Motion to Dismiss by Town of Farmville, Virginia. (York, Melissa) |
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| Tuesday, November 29, 2022 | ||
| 2 | 2
service
Summons Issued
Tue 11/29 12:38 PM
Summons Issued as to Town of Farmville, Virginia. 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. (jjones, ) |
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utility
Initial Case Assignment
Tue 11/29 12:36 PM
Initial Case Assignment to District Judge John A. Gibney, Jr. (jjones, ) |
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misc
Notice of Correction
Tue 11/29 12:41 PM
Notice of Correction re:1 : Clerk has added Case number to complaint and proposed summons. Also, for future filings, proposed summons should be filed separately. The event can be found under Civil Filings>Other Filings>Other Documents. (jjones, ) |
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| Monday, November 28, 2022 | ||
| 1 | 1
cmp
Complaint
Mon 11/28 2:46 PM
Complaint ( Filing fee $ 402, receipt number AVAEDC-8679607.), filed by Robert W. Biggers.(Crowley, Scott) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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