E.D. Va., Hardy, 2006

U.S. District Court
Eastern District of Virginia – (Richmond)
CIVIL DOCKET FOR CASE #: 3:06-cv-00179-RLW

Vuyyuru et al. v. Hardy et al.

Date Filed:     Mar. 13, 2006
Status:     Closed
Nature of suit:    440 Civil Rights: Other
Demand:    $25,000,000
Assigned to:    District Judge Richard L. Williams
Cause:    42:1983 Civil Rights Act
Date terminated:    Nov. 16, 2006
Jurisdiction:    Federal Question
Jury demand:    Plaintiff
Case: 3:09-cv-00176-RLW

Plaintiff
Lokesh Vuyyuru M.D.
Thomas Hunt Roberts
Thomas H. Roberts & Associates PC
105 S First St
Suite A
Richmond, VA 23219
(804) 783-2000
thr@robertslaw.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Virginia Gastroenterology Associates, P.C.
Thomas Hunt Roberts
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Ann S. Hardy
individually and in her official capacity
Emily Oates Wingfield
Office of the Attorney General
900 E Main St
Richmond, VA 23219
(804) 786-2071
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ishneila I. G. Moore
Office of the Attorney General (Richmond)
900 E Main St
Richmond, VA 23219
(804) 786-2071
Fax: (804) 786-1991
imoore@oag.state.va.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Pamela Twombly
individually and in her official capacity
Emily Oates Wingfield
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ishneila I. G. Moore
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant
Commonwealth of Virginia
Francis Walter Pedrotty , III
Office of the Attorney General
900 E Main St
Richmond, VA 23219
(804) 786-2071
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Proceedings

Filed

#

Docket Text

Mar. 13, 2006

1

COMPLAINT against Ann S. Hardy, Pamela Twombly; Filing fee $250, receipt number 82257; filed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C.(jtho, ) (Entered: 03/14/2006)

Mar. 14, 2006

Summons Issued as to Ann S. Hardy, Pamela Twombly (called atty. to arrange for service)(jtho, ) (Entered: 03/14/2006)

Mar. 23, 2006

2

SUMMONS Returned Executed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C.. Ann S. Hardy served on 3/20/2006, answer due 4/10/2006; Pamela Twombly served on 3/20/2006, answer due 4/10/2006. (cmcc, ) (Entered: 03/24/2006)

Apr. 10, 2006

3

MOTION to Dismiss (or Summary Judgment) by Ann S. Hardy and Pamela Twombly. (cgar, ) (Entered: 04/10/2006)

Apr. 10, 2006

4

MOTION for Summary Judgment (or to Dismiss) by Ann S. Hardy and Pamela Twombly. (cgar, ) (Entered: 04/10/2006)

Apr. 10, 2006

5

Memorandum in Support re 4 MOTION for Summary Judgment, or 3 MOTION to Dismiss filed by Ann S. Hardy and Pamela Twombly. (Exhibits A-H placed in brown expandable) (cgar, ) (Entered: 04/10/2006)

Apr. 24, 2006

6

CROSS MOTION for Summary Judgment by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 04/24/2006)

Apr. 24, 2006

7

Memorandum in Support re 6 CROSS MOTION for Summary Judgment filed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 04/24/2006)

Apr. 24, 2006

8

RESPONSE in Opposition to 4 MOTION for Summary Judgment and/or 3 MOTION to Dismiss filed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 04/25/2006)

May 05, 2006

9

RESPONSE in Opposition re 6 Cross MOTION for Summary Judgment filed by Ann S. Hardy, Pamela Twombly. (jtho, ) (Entered: 05/08/2006)

May 11, 2006

10

REPLY to Response to 6 Cross-MOTION for Summary Judgment filed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 05/11/2006)

May 15, 2006

11

SCHEDULING ORDER: Initial Pretrial Conference set for 6/8/2006 09:50 AM before District Judge Richard L. Williams.. Signed by Judge Richard L. Williams on 5/15/06. (khan, ) (Entered: 05/15/2006)

May 22, 2006

Set/Reset Deadlines as to 4 MOTION for Summary Judgment, 6 MOTION for Summary Judgment. Motion Hearing set for 6/7/2006 09:30 AM before District Judge Richard L. Williams. (khan, ) (Entered: 05/22/2006)

May 24, 2006

12

NOTICE of Hearing:6/7/2006 at 9:30 a.m. on Defts’ Motion to Dismiss/Summary Judgment. (cgar, ) (Entered: 05/24/2006)

May 24, 2006

13

NOTICE of Hearing:6/7/2006 at 9:30 a.m. on Plaintiffs’ Motion to Strike/Summary Judgment. (cgar, ) (Entered: 05/24/2006)

May 31, 2006

14

ANSWER to Complaint by Ann S. Hardy, Pamela Twombly.(jtho, ) (Entered: 06/01/2006)

June 07, 2006

15

Minute Entry for proceedings held before Judge Richard L. Williams : Motion Hearing held on 6/7/2006 re 4 MOTION for Summary Judgment filed by Ann S. Hardy,, Pamela Twombly,, 3 MOTION to Dismiss filed by Ann S. Hardy,, Pamela Twombly,, 6 MOTION for Summary Judgment filed by Lokesh Vuyyuru,, Virginia Gastroenterology Associates, P.C.,. The plaintiffs were represented by Thomas Roberts, Esq., the dfts were represented by Emily Wingfield, Esq. and Howard Casway, Esq. All motions were taken under advisement. Court will require evidentiary hearing. Parties are to schedule hrg with Judge’s secretary. (Court Reporter Gil Halasz, OCR.) (khan, ) (Entered: 06/07/2006)

June 07, 2006

Set/Reset Hearings: Evidentiary Hearing set for 10/11/2006 09:30 AM before District Judge Richard L. Williams. Jury Trial set for 12/5/2006 09:30 AM before District Judge Richard L. Williams. (khan, ) (Entered: 06/07/2006)

June 07, 2006

Minute Entry for proceedings held before Judge Richard L. Williams : Initial Pretrial Conference held on 6/7/2006. (khan, ) (Entered: 06/07/2006)

June 07, 2006

16

PRETRIAL ORDER. Signed by Judge Richard L. Williams on 6/7/06. (khan, ) (Entered: 06/07/2006)

June 07, 2006

17

ORDER that counsel are directed to contact chambers of U.S. Magistrate Judge M. Hannah Lauck within ten (10) days of date of this Order to schedule settlement conference and are directed to determine what, if any, additional requirements, such as settlement position brief, Judge Lauck requires prior to settlement conference; Signed by Judge Richard L. Williams on 6/7/06. (Copies Mailed and sent to Judge Lauck)(jtho, ) (Entered: 06/08/2006)

June 07, 2006

18

ORDER that for reasons stated from the bench on 6/7/06, the Court TAKES the defts’ motions to dismiss and plaintiffs’ motion for summary judgment UNDER ADVISEMENT; the Court finds that Younger abstention doctrine is applicable, but ORDERS the parties to conduct an evidentiary hearing on issue of whether any exceptions to the Younger doctrine are applicable.Signed by Judge Richard L. Williams on 6/7/06. (Copies Mailed)(jtho, ) (Entered: 06/08/2006)

June 16, 2006

19

TRANSCRIPT of Proceedings held on June 7, 2006 before Judge Richard L. Williams. Court Reporter: Gilbert Frank Halasz (One Volume, 21 pages) (jtho, ) (Entered: 06/16/2006)

June 19, 2006

Settlement Conference set for 9/21/2006 10:00 AM before Magistrate Judge M. Hannah Lauck. (lcha, ) (Entered: 06/19/2006)

July 26, 2006

20

MOTION for Protective Order pursuant to Rule 26(c) by Ann S. Hardy, Pamela Twombly. (jtho, ) Modified text on 7/27/2006 (jtho, ). (Entered: 07/27/2006)

July 26, 2006

21

Memorandum in Support of 20 MOTION for Protective Order per Rule 26(c) filed by Ann S. Hardy, Pamela Twombly. (jtho, ) (Entered: 07/27/2006)

Aug. 04, 2006

22

RESPONSE in Opposition to 20 MOTION for Protective Order filed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 08/04/2006)

Aug. 08, 2006

23

ORDER denying 20 Motion for Protective Order . Signed by Judge Richard L. Williams on 8/8/2006. Copies mailed. (cgar, ) (Entered: 08/08/2006)

Aug. 08, 2006

Minute Entry for proceedings held before Judge Richard L. Williams : Telephone Conference held on 8/8/2006 re Motion for Protective Order (khan, ) (Entered: 08/08/2006)

Aug. 18, 2006

24

MOTION to Quash Plaintiffs’ Subpoena for Deposition of its expert witness, Anant S. Damle, M.D. by Commonwealth of Virginia. (jtho, ) (Entered: 08/18/2006)

Aug. 18, 2006

25

Objection to Plaintiffs’ Subpoena Duces Tecum filed by Commonwealth of Virginia. (jtho, ) (Entered: 08/18/2006)

Aug. 31, 2006

26

RESPONSE to 24 MOTION to Quash filed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 08/31/2006)

Sept. 05, 2006

27

MOTION to Withdraw 24 MOTION to Quash, 25 Objection by Commonwealth of Virginia. (jtho, ) (Entered: 09/05/2006)

Sept. 07, 2006

SO-ORDER granting 27 Motion to Withdraw: 25 Objection to Subpoena Duces Tecum and 24 Motion to Quash Subpoena Duces Tecum; documents 24 and 25 are withdrawn. Signed by Judge Richard L. Williams on 9/7/06. (Copies Mailed) (jtho, ) (Entered: 09/07/2006)

Sept. 07, 2006

28

ORDER to Disclose Information. SEE ORDER FOR DETAILS. Signed by Judge Richard L. Williams on 9/7/06. (Copies Mailed)(jtho, ) (Entered: 09/07/2006)

Sept. 22, 2006

Settlement Conference held on 9/22/2006. (lcha, ) (Entered: 09/22/2006)

Oct. 05, 2006

29

MOTION to Quash Plaintiffs’ Subpoena for Appearance at 10/11/06 hearing by Commonwealth of Virginia. (jtho, ) (Entered: 10/05/2006)

Oct. 06, 2006

30

MOTION to Continue Evidentiary Hearing set for 10/11/06 and for Clarification by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 10/06/2006)

Oct. 06, 2006

31

Memorandum in Support re 30 MOTION to Continue Evidentiary Hearing and for Clarification filed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 10/06/2006)

Oct. 06, 2006

32

RESPONSE to 29 MOTION to Quash Subpoena for filed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C.. (jtho, ) (Entered: 10/06/2006)

Oct. 06, 2006

33

MOTION to Quash Plaintiff’s Subpoena for Appearance by Ann S. Hardy. (jtho, ) (Entered: 10/10/2006)

Oct. 06, 2006

34

Memorandum in Support re 33 MOTION to Quash Plaintiffs’ Subpoena for Appearance filed by Ann S. Hardy. (jtho, ) (Entered: 10/10/2006)

Oct. 06, 2006

35

MOTION to Quash Plaintiffs’ Subpoena for Appearance by Pamela Twombly. (jtho, ) (Entered: 10/10/2006)

Oct. 06, 2006

36

Memorandum in Support of 35 MOTION to Quash Plaintiffs’ Subpoena for Appearance filed by Pamela Twombly. (jtho, ) (Entered: 10/10/2006)

Oct. 06, 2006

37

MOTION to Quash Plaintiffs’ Subpoena for Witness William L. Harp, M.D. by Commonwealth of Virginia. (jtho, ) (Entered: 10/10/2006)

Oct. 06, 2006

38

Memorandum in Support re 37 MOTION to Quash Appearance of William L. Harp, M.D. filed by Commonwealth of Virginia. (jtho, ) (Entered: 10/10/2006)

Oct. 06, 2006

39

MOTION to Quash Plaintiffs’ Subpoena for Witness Lynne P. Austin by Commonwealth of Virginia. (jtho, ) (Entered: 10/10/2006)

Oct. 06, 2006

40

Memorandum in Support re 39 MOTION to Quash Subpoena for Lynne P. Austin filed by Commonwealth of Virginia. (jtho, ) (Entered: 10/10/2006)

Oct. 06, 2006

41

Supplemental Statement of Facts by Ann S. Hardy, Pamela Twombly. (jtho, ) (Entered: 10/10/2006)

Oct. 10, 2006

42

ORDER denying 30 Motion to Continue evidentiary hearing scheduled for 9:30 a.m. on 10/11/06. Signed by Judge Richard L. Williams on 10/10/06. (Copies mailed) (jtho, ) (Entered: 10/10/2006)

Oct. 10, 2006

43

ORDER granting 29 Motion to Quash subpoena for appearance of Anant S. Damle provided that Anant S. Damle’s deposition or portions thereof may be used during 10/11/06 evidentiary hearing. Signed by Judge Richard L. Williams on 10/10/06. (Copies Mailed) (jtho, ) (Entered: 10/10/2006)

Oct. 10, 2006

44

ORDER terminating 35 Motion to Quash as moot based upon representation of counsel that Ms. Twombly will be present at evidentiary hearing on 10/11/06. Signed by Judge Richard L. Williams on 10/10/06. (Copies Mailed) (jtho, ) (Entered: 10/10/2006)

Oct. 10, 2006

45

ORDER terminating 33 Motion to Quash as moot based upon representation that Ms. Hardy will be present at evidentiary hearing on 10/11/06. Signed by Judge Richard L. Williams on 10/10/06. (Copies Mailed) (jtho, ) (Entered: 10/10/2006)

Oct. 10, 2006

46

ORDER granting 39 Motion to Quash subpoena of Lynne P. Austin as subpoena was improperly served; as Ms. Austin was served subpoena a mere 7 days before scheduled evidentiary hearing. Signed by Judge Richard L. Williams on 10/10/06. (Copies Mailed) (jtho, ) (Entered: 10/10/2006)

Oct. 10, 2006

47

ORDER granting 37 Motion to Quash subpoena of William L. Harp, M.D. as subpoena was improperly served; subpoena was served a mere 7 days before scheduled evidentiary hearing. Signed by Judge Richard L. Williams on 10/10/06. (Copies Mailed) (jtho, ) (Entered: 10/10/2006)

Oct. 11, 2006

48

Plaintiffs’ Evidentiary Submissions for Hearing of Exhibits (one black notebook) (jtho, ) (Entered: 10/11/2006)

Oct. 11, 2006

49

Minute Entry for proceedings held before Judge Richard L. Williams : Evidentiary Hearing held on 10/11/2006. The plf’s were represented by Thomas H. Roberts, Esq., the dfts were presented by Emily Wingfield, Esq. and Pamela Twombly, Esq. Plfs’ Motion for Continuance DENIED. All evidence should be put on even though Mr. Vuyyuru is out of town on family emergency. Additional evidence may be presented within ten days of Tuesday, October 17, 2006 (discovery depositions, etc.) Counsel will have 15 working days after the time expires to file Findings of Fact and Conclusions of Law. Ruling on Rule 52 to follow. Order to enter. (Court Reporter Gil Halasz, OCR.) (khan, ) (Entered: 10/11/2006)

Oct. 11, 2006

50

ORDER that the Court GRANTS the plaintiff 10 days from Tuesday, 10/17/06, to supplement the record with testimony from Dr. Lokesh Vuyyuru; additionally the Court ORDERS the parties to file supplemental briefs by Monday, 11/13/06; briefs are to be filed simultaneously and no responsive pleadings will be allowed. (See Order for Details) Signed by Judge Richard L. Williams on 10/11/06. (Copies Mailed)(jtho, ) (Entered: 10/11/2006)

Oct. 11, 2006

51

Defendants’ Rule 32 Submissions by Ann S. Hardy, Pamela Twombly (w/attachments placed in brown expandable) (jtho, ) (Entered: 10/11/2006)

Oct. 25, 2006

52

MOTION to Compel Discovery from plaintiff by Ann S. Hardy, Pamela Twombly. (jtho, ) (Entered: 10/25/2006)

Oct. 25, 2006

53

MOTION to Compel Discovery from plaintiff Virginia Gestroenterology Associates by Ann S. Hardy, Pamela Twombly. (jtho, ) (Entered: 10/25/2006)

Oct. 27, 2006

54

PLAINTIFFS’ SUPPLEMENTAL EVIDENTIARY SUBMISSIONS of 10/27/06 by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 10/27/2006)

Nov. 07, 2006

55

MOTION to Dismiss pursuant to Rule 12(b)(1) by Ann S. Hardy, Pamela Twombly. (jtho, ) (Entered: 11/08/2006)

Nov. 07, 2006

56

Memorandum in Support re 55 MOTION to Dismiss filed by Ann S. Hardy, Pamela Twombly. (jtho, ) (Entered: 11/08/2006)

Nov. 07, 2006

57

MOTION for Leave to File Motion for Summary Judgment by Ann S. Hardy, Pamela Twombly. (jtho, ) (RECEIVED Motion for Summary Judgment and Memorandum in Support and placed on left pending ruling by Court); Modified text on 11/8/2006 (jtho, ). (Entered: 11/08/2006)

Nov. 07, 2006

58

Memorandum in Support of 57 MOTION for Leave to File filed by Ann S. Hardy, Pamela Twombly. (jtho, ) (Entered: 11/08/2006)

Nov. 13, 2006

59

Supplemental Memorandum in Support of 4 MOTION for Summary Judgment filed by Ann S. Hardy, Pamela Twombly (jtho, ) (Entered: 11/13/2006)

Nov. 13, 2006

60

MOTION to Stay by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 11/13/2006)

Nov. 13, 2006

61

MOTION to Dismiss Without Prejudice All Claims Against Defts Since Younger Doctrine Applies by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 11/13/2006)

Nov. 13, 2006

62

Memorandum in Support of 60 MOTION to Stay, or Alternatively 61 MOTION to Dismiss filed by Lokesh Vuyyuru, Virginia Gastroenterology Associates, P.C. (jtho, ) (Entered: 11/13/2006)

Nov. 13, 2006

Signature page and Error page for 9/18/06 deposition of Ann S. Hardy placed with exhibits to deposition transcript (dkt. #51) (jtho, ) (Entered: 11/14/2006)

Nov. 16, 2006

63

ORDER DISMISSING CASE without prejudice pursuant to Younger doctrine and this case is removed from the docket. Signed by Judge Richard L. Williams on 11/16/06. (Copies Mailed)(jtho, ) (Entered: 11/16/2006)