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Date: 12-16-2022
Case Style:
Wayne B. Lynch v. Solomon Simmons, III, et al.
Case Number: 2:21-cv-00341
Judge: Arenda L. Wright Allen
Court: United States District Court for the Eastern District of Virginia (Norfolk County)
Plaintiff's Attorney:
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Defendant's Attorney: Bethany Jean Fogerty, Gary Alvin Bryant, Jason Eli Ohana for Simmons.
Gerald Logan Harris, Christopher Scott Boynton, Joseph Martin Kurt for City of Virginia Beach
Description: Norfolk, Virginia personal injury wrongful death lawyers represented Plaintiff, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983 claiming excessive use of force.
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Wyne B. Lynch, administrator of the Estate of Donovon W. Lynch, deceased who was shot to death by Virginia Beach police officer Solomon Simmons, III on March 2021 without cause and claiming $50 million in damages and injuries.
11/02/2022 58 NOTICE by City Of Virginia Beach re 36 MOTION to Quash Subpoena to Jeffrey Reichert, 50 MOTION to Compel Attorney Jeffrey Reichert to Produce Documents - Waiving Oral Argument and Request for Decision without a Hearing (Harris, Gerald) (Entered: 11/02/2022)
11/02/2022 59 NOTICE by City Of Virginia Beach re 58 NOTICE, correcting deadline for responsive filing by Jeffrey Reichert (Harris, Gerald) (Entered: 11/02/2022)
11/03/2022 60 ORDER. Plaintiff's Motions to Quash (ECF Nos. 36 and 40 ) are DENIED. It is ORDERED that the subpoenas in question are modified on the Court's own motion in the manner outlined in this Order. Defendant City of Virginia Beach's Motion to Compel (ECF No. 50 ) is GRANTED subject to the modifications described herein. See Order for details. Signed by District Judge Arenda L. Wright Allen on 11/3/22. (jhie, ) (Entered: 11/03/2022)
11/07/2022 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, , MOTION for Protective Order by Jeffrey Walter Reichert, Esq. (Sherman, Joseph) (Entered: 11/07/2022)
11/07/2022 62 Memorandum in Support re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order filed by Jeffrey Walter Reichert, Esq. (Attachments: # 1 Affidavit Wayne Lynch, # 2 Affidavit Jeffrey Reichert, # 3 Exhibit C - engagement letter, # 4 Exhibit D - privilege log)(Sherman, Joseph) (Entered: 11/07/2022)
11/07/2022 63 MOTION to Stay re 60 Order on Motion to Quash,,,, Order on Motion to Compel, by Jeffrey Walter Reichert, Esq. (Sherman, Joseph) (Entered: 11/07/2022)
11/08/2022 64 ORDER to expedite briefing on the Third-Party Motion to Reconsider or in the Alternative for a Protective Order. Defendants are DIRECTED to file their response by November 10, 2022. Mr. Reichert may file a reply by November 14, 2022 and is ordered to produce a privilege log under seal, ex parte, by November 10, 2022. The Emergency Motion to Stay Deadline for Subpoena Duces Tecum 63 is GRANTED. Signed by District Judge Arenda L. Wright Allen on 11/8/2022. (dbra, ) (Entered: 11/08/2022)
11/08/2022 65 Joint MOTION for Extension of Time to Complete Discovery by Wayne B. Lynch. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Extend Time)(Fairfax, Justin) (Entered: 11/08/2022)
11/09/2022 MOTION REFERRED to Magistrate Judge Robert J. Krask. 65 Joint MOTION for Extension of Time to Complete Discovery (jhie, ) (Entered: 11/09/2022)
11/09/2022 66 ORDER granting 65 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Robert J. Krask on 11/9/22. (mrees, ) (Entered: 11/09/2022)
11/10/2022 67 Memorandum in Opposition re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order filed by City Of Virginia Beach. (Harris, Gerald) (Entered: 11/10/2022)
11/10/2022 68 Memorandum in Opposition re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order filed by Solomon D. Simmons, III. (Attachments: # 1 Exhibit 1)(Bryant, Gary) (Entered: 11/10/2022)
11/10/2022 69 Notice of Under Seal Filing LCvR5 (B) by Jeffrey Walter Reichert, Esq (Sherman, Joseph) (Entered: 11/10/2022)
11/14/2022 70 Reply to 64 Order on Motion to Stay, attaching privilege log filed by Jeffrey Walter Reichert, Esq. (Attachments: # 1 Exhibit A - privilege log)(Sherman, Joseph) (Entered: 11/14/2022)
11/14/2022 71 REPLY to Response to Motion re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order filed by Jeffrey Walter Reichert, Esq. (Sherman, Joseph) (Entered: 11/14/2022)
11/16/2022 72 Request for Hearing by City Of Virginia Beach re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order (Harris, Gerald) (Entered: 11/16/2022)
11/22/2022 73 ORDER. Mr. Reichert's 61 Motion to Reconsider is DENIED. It is ORDERED that the subpoenas are modified on the Court's own motion in the manner outlined herein. The temporary stay previously imposed in this case (see Order, ECF No. 64 ) is lifted. Mr. Jeffrey Reichert is ORDERED to produce the materials requested in Defendants' subpoenas as modified by this Order and subject to any claims of attorney-client privilege or work-product protection by noon on Wednesday, November 23, 2022. Signed by District Judge Arenda L. Wright Allen on 11/22/22. (jhie, ) (Entered: 11/22/2022)
Kent Morlan on Torts
Outcome: Settled for $3 million.
Plaintiff's Experts:
Defendant's Experts:
Comments:
Defendant's Attorney: Bethany Jean Fogerty, Gary Alvin Bryant, Jason Eli Ohana for Simmons.
Gerald Logan Harris, Christopher Scott Boynton, Joseph Martin Kurt for City of Virginia Beach
Description: Norfolk, Virginia personal injury wrongful death lawyers represented Plaintiff, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983 claiming excessive use of force.
Wyne B. Lynch, administrator of the Estate of Donovon W. Lynch, deceased who was shot to death by Virginia Beach police officer Solomon Simmons, III on March 2021 without cause and claiming $50 million in damages and injuries.
11/02/2022 58 NOTICE by City Of Virginia Beach re 36 MOTION to Quash Subpoena to Jeffrey Reichert, 50 MOTION to Compel Attorney Jeffrey Reichert to Produce Documents - Waiving Oral Argument and Request for Decision without a Hearing (Harris, Gerald) (Entered: 11/02/2022)
11/02/2022 59 NOTICE by City Of Virginia Beach re 58 NOTICE, correcting deadline for responsive filing by Jeffrey Reichert (Harris, Gerald) (Entered: 11/02/2022)
11/03/2022 60 ORDER. Plaintiff's Motions to Quash (ECF Nos. 36 and 40 ) are DENIED. It is ORDERED that the subpoenas in question are modified on the Court's own motion in the manner outlined in this Order. Defendant City of Virginia Beach's Motion to Compel (ECF No. 50 ) is GRANTED subject to the modifications described herein. See Order for details. Signed by District Judge Arenda L. Wright Allen on 11/3/22. (jhie, ) (Entered: 11/03/2022)
11/07/2022 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, , MOTION for Protective Order by Jeffrey Walter Reichert, Esq. (Sherman, Joseph) (Entered: 11/07/2022)
11/07/2022 62 Memorandum in Support re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order filed by Jeffrey Walter Reichert, Esq. (Attachments: # 1 Affidavit Wayne Lynch, # 2 Affidavit Jeffrey Reichert, # 3 Exhibit C - engagement letter, # 4 Exhibit D - privilege log)(Sherman, Joseph) (Entered: 11/07/2022)
11/07/2022 63 MOTION to Stay re 60 Order on Motion to Quash,,,, Order on Motion to Compel, by Jeffrey Walter Reichert, Esq. (Sherman, Joseph) (Entered: 11/07/2022)
11/08/2022 64 ORDER to expedite briefing on the Third-Party Motion to Reconsider or in the Alternative for a Protective Order. Defendants are DIRECTED to file their response by November 10, 2022. Mr. Reichert may file a reply by November 14, 2022 and is ordered to produce a privilege log under seal, ex parte, by November 10, 2022. The Emergency Motion to Stay Deadline for Subpoena Duces Tecum 63 is GRANTED. Signed by District Judge Arenda L. Wright Allen on 11/8/2022. (dbra, ) (Entered: 11/08/2022)
11/08/2022 65 Joint MOTION for Extension of Time to Complete Discovery by Wayne B. Lynch. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Extend Time)(Fairfax, Justin) (Entered: 11/08/2022)
11/09/2022 MOTION REFERRED to Magistrate Judge Robert J. Krask. 65 Joint MOTION for Extension of Time to Complete Discovery (jhie, ) (Entered: 11/09/2022)
11/09/2022 66 ORDER granting 65 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Robert J. Krask on 11/9/22. (mrees, ) (Entered: 11/09/2022)
11/10/2022 67 Memorandum in Opposition re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order filed by City Of Virginia Beach. (Harris, Gerald) (Entered: 11/10/2022)
11/10/2022 68 Memorandum in Opposition re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order filed by Solomon D. Simmons, III. (Attachments: # 1 Exhibit 1)(Bryant, Gary) (Entered: 11/10/2022)
11/10/2022 69 Notice of Under Seal Filing LCvR5 (B) by Jeffrey Walter Reichert, Esq (Sherman, Joseph) (Entered: 11/10/2022)
11/14/2022 70 Reply to 64 Order on Motion to Stay, attaching privilege log filed by Jeffrey Walter Reichert, Esq. (Attachments: # 1 Exhibit A - privilege log)(Sherman, Joseph) (Entered: 11/14/2022)
11/14/2022 71 REPLY to Response to Motion re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order filed by Jeffrey Walter Reichert, Esq. (Sherman, Joseph) (Entered: 11/14/2022)
11/16/2022 72 Request for Hearing by City Of Virginia Beach re 61 MOTION for Reconsideration re 60 Order on Motion to Quash,,,, Order on Motion to Compel, MOTION for Protective Order (Harris, Gerald) (Entered: 11/16/2022)
11/22/2022 73 ORDER. Mr. Reichert's 61 Motion to Reconsider is DENIED. It is ORDERED that the subpoenas are modified on the Court's own motion in the manner outlined herein. The temporary stay previously imposed in this case (see Order, ECF No. 64 ) is lifted. Mr. Jeffrey Reichert is ORDERED to produce the materials requested in Defendants' subpoenas as modified by this Order and subject to any claims of attorney-client privilege or work-product protection by noon on Wednesday, November 23, 2022. Signed by District Judge Arenda L. Wright Allen on 11/22/22. (jhie, ) (Entered: 11/22/2022)
Kent Morlan on Torts
Outcome: Settled for $3 million.
Plaintiff's Experts:
Defendant's Experts:
Comments: