Stusalitus v. Herrera, et al.
| Virginia Eastern District Court | |
| Judge: | Jamar K Walker |
| Referred: | Lawrence R Leonard |
| Case #: | 2:24-cv-00202 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question-Violation of Due Process |
| Case Filed: | Mar 26, 2024 |
| Terminated: | Jan 31, 2025 |
| Last checked: Sunday Sep 22, 2024 5:15 AM EDT |
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Defendant
Officer Angelique Herrera
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Represented By
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Defendant
Kelvin Wright
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Represented By
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Plaintiff
Leon Barcley Stusalitus
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Represented By
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| Docket last updated: 7 hours ago |
| Thursday, February 27, 2025 | ||
| 40 | 40
appeal
USCA Case Number
Thu 02/27 10:37 AM
USCA Case Number 25-1186 4CCA Case manager Emily Borneisen for38 Notice of Appeal, filed by Leon Barcley Stusalitus. 25-1186 (epri, ) |
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| Tuesday, February 25, 2025 | ||
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appeal
Transmission of Notice of Appeal to 4CCA
Tue 02/25 4:17 PM
Transmission of Notice of Appeal to US Court of Appeals re38 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov)(epri, ) |
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Att: 1
Notice of Appeal
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appeal
Notice of Appeal
Tue 02/25 2:33 PM
NOTICE OF APPEAL as to35 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Summary Judgment,,36 Clerk's Judgment by Leon Barcley Stusalitus. Filing fee $ 605, receipt number AVAEDC-10026677. (Weinberg, Matthew) |
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| Tuesday, February 11, 2025 | ||
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misc
Bill of Costs
Tue 02/11 6:04 PM
BILL OF COSTS by Angelique Ortiz, Kelvin Wright. (Hamann, Melissa) |
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| Friday, January 31, 2025 | ||
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order
Judgment - Clerk
Fri 01/31 2:17 PM
CLERK'S JUDGMENT. Signed by Clerk on 1/31/25. (epri, ) |
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8
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Summary Judgment
Fri 01/31 1:56 PM
OPINION & ORDER: The defendants' Motion to Dismiss (ECF No. 7) is GRANTED IN PART, and Counts II and IV of the Complaint are DISMISSED. The remainder of the motion is DENIED AS MOOT. The defendants' Motion for Summary Judgment (ECF No. 24) is GRANTED. The hearing set for February 4, 2024,is CANCELED. The Clerk is DIRECTED to enter judgment in favor of Defendants Officer Angelique Ortiz and Kelvin Wright as to Counts I and III. Copies of this Order sent on 1.31.25. Signed by District Judge Jamar K. Walker and filed on 1/31/25. (epri, ) |
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| Thursday, January 30, 2025 | ||
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4
pgs
order
Order on Motion to Quash
Thu 01/30 8:46 AM
ORDER: The defendants' Motion to Quash Subpoenas (ECF No. 30) is GRANTED. Signed by District Judge Jamar K. Walker and filed on 1/30/25. (epri, ) |
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| Tuesday, January 28, 2025 | ||
| 33 | 33
notice
Request for Hearing
Tue 01/28 4:40 PM
Request for Hearing by Angelique Herrera, Kelvin Wright re30 MOTION to Quash Party Subpoenas (Hamann, Melissa) |
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| Friday, January 24, 2025 | ||
| 32 | 32
respoth
Opposition
Fri 01/24 2:43 PM
Opposition to31 Brief in Support,30 MOTION to Quash Party Subpoenas filed by Leon Barcley Stusalitus. (Weinberg, Matthew) |
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| Friday, January 17, 2025 | ||
| 31 | 31
respoth
Brief in Support
Fri 01/17 5:15 PM
Brief in Support to30 MOTION to Quash Party Subpoenas filed by Angelique Herrera, Kelvin Wright.(Lantz, Adam) |
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Att: 1
Exhibit A
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| 30 | 30
motion
Quash
Fri 01/17 5:14 PM
MOTION to Quash Party Subpoenas by Angelique Herrera, Kelvin Wright. (Lantz, Adam) |
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| Monday, January 13, 2025 | ||
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1
pgs
order
Order of Recusal
Mon 01/13 1:48 PM
ORDER OF RECUSAL. Magistrate Judge Robert J. Krask recused. Case reassigned to Magistrate Judge Lawrence R. Leonard for all further proceedings. Signed by Magistrate Judge Robert J. Krask and filed on 1/13/25. (epri, ) |
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minutes
Settlement Conference
Mon 01/13 1:22 PM
Settlement Conference held on 1/13/2025 before Magistrate Judge Robert J. Krask. (btit) |
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| Monday, December 23, 2024 | ||
| 28 | 28
2
pgs
order
Order
Mon 12/23 5:05 PM
ORDER: It is hereby ORDERED that the current dates for the Final Pre-Trial Conference and trial in this matter are CANCELED. All deadlines outlined in paragraphs VI-XIII of the Scheduling Order (ECF No. 19) are hereby STAYED. Copies sent on 12.23.24. Signed by District Judge Jamar K. Walker and filed on 12/23/24. (epri, ) |
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utility
Set Motion and R&R Deadlines/Hearings
Mon 12/23 5:16 PM
Set/Reset Hearing as to24 Motion for Summary Judgment. Motion Hearing set for 2/4/2025 at 11:00 a.m. in Norfolk Courtroom 5 before District Judge Jamar K. Walker. (bap, ) |
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| Monday, December 16, 2024 | ||
| 27 | 27
respm
Reply to Response to Motion
Mon 12/16 6:36 PM
REPLY to Response to Motion re24 MOTION for Summary Judgment filed by Angelique Herrera, Kelvin Wright. (Hamann, Melissa) |
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| Tuesday, December 10, 2024 | ||
| 26 | 26
respoth
Opposition
Tue 12/10 4:13 PM
Opposition to24 MOTION for Summary Judgment ,25 Brief in Support, filed by Leon Barcley Stusalitus.(Weinberg, Matthew) |
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Att: 1
Exhibit Cmelik Journal Entries
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| Tuesday, November 26, 2024 | ||
| 25 | 25
respoth
Brief in Support
Tue 11/26 7:43 PM
Brief in Support to24 MOTION for Summary Judgment filed by Angelique Herrera, Kelvin Wright.(Hamann, Melissa) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2.0,
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Att: 3
Exhibit 2.1,
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Att: 4
Exhibit 2.2,
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Att: 5
Exhibit 2.3,
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Att: 6
Exhibit 2.4,
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Att: 7
Exhibit 2.5,
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Att: 8
Exhibit 2.6,
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Att: 9
Exhibit 2.7,
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Att: 10
Exhibit 2.8,
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Att: 11
Exhibit 2.9,
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Att: 12
Exhibit 2.10,
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Att: 13
Exhibit 2.11,
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Att: 14
Exhibit 3,
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Att: 15
Exhibit 4
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| 24 | 24
motion
Summary Judgment
Tue 11/26 6:31 PM
MOTION for Summary Judgment by Angelique Herrera, Kelvin Wright. (Hamann, Melissa) |
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| Thursday, November 14, 2024 | ||
| 23 | 23
order
Settlement Conference Order
Thu 11/14 3:12 PM
Settlement Conference Order: All parties and their lead counsel are required to appear at a settlement conference scheduled in the United States District Court, 600 Granby Street, Norfolk, Virginia 23510, at 9:30 a.m. on January 13, 2025; memorandum due by noon on January 6, 2025. Copies of this Order sent as DIRECTED on 11.14.24. Signed by Magistrate Judge Robert J. Krask and filed on 11/14/24. (epri, ) |
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utility
Set/Reset Hearings
Thu 11/14 11:09 AM
Set Hearings: Settlement Conference set for 1/13/2025 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Robert J. Krask. (btit) |
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| Monday, August 12, 2024 | ||
| 22 | 22
9
pgs
order
Order on Motion for Protective Order
Mon 08/12 3:17 PM
AGREED PROTECTIVE ORDER: granting21 Motion for Protective Order Signed by Magistrate Judge Robert J. Krask and filed on 8/12/24. (epri, ) |
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| Friday, August 09, 2024 | ||
| 21 | 21
motion
Protective Order
Fri 08/09 1:21 PM
Consent MOTION for Protective Order by Angelique Herrera, Kelvin Wright.(Hamann, Melissa) |
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Att: 1
Exhibit Proposed Agreed Protective Order
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utility
Motions Referred
Fri 08/09 4:09 PM
MOTIONS REFERRED to Magistrate Judge: Robert J. Krask.21 Consent MOTION for Protective Order (bwell) |
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| Wednesday, June 26, 2024 | ||
| 20 | 20
notice
Notice of Appearance
Wed 06/26 11:02 AM
NOTICE of Appearance by Adam James Lantz on behalf of Angelique Herrera, Kelvin Wright (Lantz, Adam) |
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| Friday, June 07, 2024 | ||
| 19 | 19
7
pgs
order
Order Rule 16b Scheduling Order
Fri 06/07 4:34 PM
Scheduling Order - Pursuant to the Rule 16(b) Conference, it is ORDERED as follows: Final Pretrial Conference set for 1/21/2025 at 11:00 a.m.in Norfolk before District Judge Jamar K. Walker. Jury Trial set for 2/4/2025 at 10:00 a.m. in Norfolk before District Judge Jamar K. Walker. The parties are ORDERED to schedule a settlement conference to take place not later than one week before the final pretrial conference. Signed by District Judge Jamar K. Walker on 6/7/2024. (bap, ) |
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minutes
Scheduling Conference-Rule16b
Fri 06/07 11:43 AM
Rule 16(b) Scheduling Conference held. (bap, ) |
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| Thursday, May 23, 2024 | ||
| 18 | 18
notice
Notice (other)
Thu 05/23 6:56 PM
NOTICE by Angelique Herrera, Kelvin Wright re7 MOTION to Dismiss for Failure to State a Claim Under Local R. Civ. P. 7(E) (Bergren, Ellen) |
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| 17 | 17
notice
Notice of Appearance
Thu 05/23 4:37 PM
NOTICE of Appearance by Melissa Anne Hamann on behalf of Angelique Herrera, Kelvin Wright (Hamann, Melissa) |
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| Tuesday, May 21, 2024 | ||
| 16 | 16
order
Rule 26(f) Pretrial Order
Tue 05/21 10:36 AM
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference will be conducted remotely on 6/7/2024 at 10:00 a.m. Signed by Magistrate Judge Robert J. Krask on 5/20/2024. (bap, ) |
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| Tuesday, May 14, 2024 | ||
| 15 | 15
respoth
Reply Other
Tue 05/14 6:56 PM
Reply to14 Opposition to Defendants' Motion to Dismiss filed by Angelique Herrera, Kelvin Wright. (Bergren, Ellen) |
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| Thursday, May 09, 2024 | ||
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misc
Refer for 16 b
Thu 05/09 12:06 PM
Referred for 16(b). (epri, ) |
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| Wednesday, May 08, 2024 | ||
| 14 | 14
respoth
Opposition
Wed 05/08 8:10 PM
Opposition to7 MOTION to Dismiss for Failure to State a Claim ,8 Memorandum in Support filed by Leon Barcley Stusalitus. (Weinberg, Matthew) |
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| Thursday, May 02, 2024 | ||
| 13 | 13
3
pgs
order
Order on Motion to Seal
Thu 05/02 11:24 AM
ORDER: The Motion to Seal, ECF 10, is GRANTED and it is ORDERED that the Clerk shall maintain under seal the Sealed Material. Signed by Magistrate Judge Robert J. Krask and filed on 5/2/24. (epri, ) |
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| Thursday, April 25, 2024 | ||
| 12 | 12
misc
Sealed Attachment/Exhibit(s)
Thu 04/25 9:36 AM
Sealed Attachment/Exhibit(s) re10 MOTION to Seal an Exhibit in Support of Defendants' Rule 12(b)(6) Motion . (Bergren, Ellen) |
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| Wednesday, April 24, 2024 | ||
| 11 | 11
3
pgs
respm
Memorandum in Support
Wed 04/24 9:42 PM
Memorandum in Support re10 MOTION to Seal an Exhibit in Support of Defendants' Rule 12(b)(6) Motion filed by Angelique Herrera, Kelvin Wright. (Bergren, Ellen) |
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| 10 | 10
motion
Seal
Wed 04/24 9:38 PM
MOTION to Seal an Exhibit in Support of Defendants' Rule 12(b)(6) Motion by Angelique Herrera, Kelvin Wright.(Bergren, Ellen) |
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Att: 1
Exhibit 1
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| 9 | 9
notice
Notice of Filing Sealing Motion LCvR5(C)
Wed 04/24 9:34 PM
Notice of Filing Sealing Motion LCvR5(C) by Angelique Herrera, Kelvin Wright re7 MOTION to Dismiss for Failure to State a Claim (Bergren, Ellen) |
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| 8 | 8
9
pgs
respm
Memorandum in Support
Wed 04/24 9:02 PM
Memorandum in Support re7 MOTION to Dismiss for Failure to State a Claim filed by Angelique Herrera, Kelvin Wright.(Bergren, Ellen) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 7 | 7
motion
Dismiss for Failure to State a Claim
Wed 04/24 8:59 PM
MOTION to Dismiss for Failure to State a Claim by Angelique Herrera, Kelvin Wright. (Bergren, Ellen) |
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| Thursday, April 11, 2024 | ||
| 6 | 6
service
Summons Returned Executed
Thu 04/11 4:11 PM
SUMMONS Returned Executed by Leon Barcley Stusalitus Kelvin Wright served on 4/3/2024, answer due 4/24/2024 (Weinberg, Matthew) |
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| Monday, April 08, 2024 | ||
| 5 | 5
service
Summons Returned Executed
Mon 04/08 1:32 PM
SUMMONS Returned Executed by Leon Barcley Stusalitus Angelique Herrera served on 4/3/2024, answer due 4/24/2024 (Weinberg, Matthew) |
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| Wednesday, March 27, 2024 | ||
| 4 | 4
service
Summons Issued
Wed 03/27 4:03 PM
Two (2) Summonses Issued as to Angelique Herrera, Kelvin Wright, 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
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| 3 | 3
misc
Proposed Summons
Wed 03/27 10:11 AM
Proposed Summons re1 Complaint by Leon Barcley Stusalitus. (Weinberg, Matthew) |
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| 2 | 2
misc
Proposed Summons
Wed 03/27 10:11 AM
Proposed Summons re1 Complaint by Leon Barcley Stusalitus. (Weinberg, Matthew) |
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| Tuesday, March 26, 2024 | ||
| 1 | 1
cmp
Complaint
Tue 03/26 4:05 PM
Complaint ( Filing fee $ 405, receipt number AVAEDC-9436803.), filed by Leon Barcley Stusalitus.(Weinberg, Matthew) |
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Att: 1
Civil Cover Sheet
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utility
Initial Case Assignment
Wed 03/27 3:39 PM
Initial Case Assignment to District Judge Jamar K. Walker and Magistrate Judge Robert J. Krask. (epri, ) |
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