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Tag Archives: Civil Procedure

Withdrawal Request Denied After Extra Motions (access required)

A Lynchburg U.S. District Court denies counsel’s “Emergency Motion to Withdraw as Attorney” for defendant, without prejudice; although failure to pay fees may provide good cause to move to withdraw, defense counsel continued to file motions after moving to withdraw. ...

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‘Common Interest’ Privilege Protects Docs (access required)

A Lynchburg U.S. District Court overrules plaintiff’s objections to the magistrate judge’s order requiring production of 30 documents withheld on the basis of the common interest privilege asserted by a non-party to this matter. Plaintiff asserts that non-party Crane & ...

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FDCPA Suit Stays in Federal Court (access required)

A Charlottesville U.S. District Court denies plaintiff’s motion to amend her complaint alleging violations of federal and state law arising from defendant mortgage company’s 130 debt-collection calls that disrupted her home-based business and included harassment by defendant’s agent, but the ...

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RICO Claim Advances Without Contract Claim (access required)

Although plaintiff’s RICO claim against defendant John Wynne involving sale of a riding center will go forward, the Lynchburg U.S. District Court denies plaintiff’s motion to reinstate a state law contract claim against additional defendants. Here, I note that when ...

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No Remand for Consolidated Dec Actions (access required)

A Roanoke U.S. District Court grants defendant insurance carrier’s motion to consolidate these two declaratory judgment actions, and realigns the defendants in the underlying tort suit as coplaintiffs in the declaratory judgment action. Plaintiffs brought separate actions against Western Heritage ...

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Dismissal Sanction Upheld for Discovery Abuse (access required)

A trial court did not abuse its discretion in dismissing a government subcontractor’s suit against the general contractor for alleged unpaid invoices for operations support to develop an Iraqi civilian police force; in light of the subcontractor’s repeated discovery abuses, ...

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