Virginia Eastern District Court
Judge:Raymond A Jackson
Referred: Lawrence R Leonard
Case #: 2:24-cv-00149
Nature of Suit442 Civil Rights - Employment
Cause28:1331 Civil Rights (Race Discrimination)
Case Filed:Mar 06, 2024
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: 6 hours ago
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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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cmp Complaint Tue 05/14 9:02 AM
Complaint Amended Complaint , filed by Michael Banks.(Branch, Pamela)
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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, )
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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, )
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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)
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2 2 misc Civil Cover Sheet Wed 03/06 3:20 PM
Civil Cover Sheet by Michael Banks. (Branch, Pamela)
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1 1 cmp Complaint Wed 03/06 3:18 PM
Complaint ( Filing fee $ 405, receipt number AVAEDC-9400762.), filed by Michael Banks.(Branch, Pamela)
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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, )
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