Swanenburg's Sad Saga Ends! On April 1, 2015 Swanenburg's Sad Saga ended when a jury found for the defendant effectively ending his four year reign of legal terrorism against his former assistant coach.
A Motion for Sanctions was filed on April 22, 2015 against Swanenburg and his attorney, D. Hayden Fisher essentially arguing that Swanenburg and Fisher violated the rules of the court.
§ 8.01-271.1. Signing of pleadings, motions, and other papers; oral motions; sanctions.
Except as otherwise provided in §§ 16.1-260 and 63.2-1901, every pleading, written motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, and the attorney's address shall be stated on the first pleading filed by that attorney in the action. A party who is not represented by an attorney, including a person confined in a state or local correctional facility proceeding pro se, shall sign his pleading, motion, or other paper and state his address.
The signature of an attorney or party constitutes a certificate by him that (i) he has read the pleading, motion, or other paper, (ii) to the best of his knowledge, information and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (iii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, written motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.
An oral motion made by an attorney or party in any court of the Commonwealth constitutes a representation by him that (i) to the best of his knowledge, information and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and (ii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
If a pleading, motion, or other paper is signed or made in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed the paper or made the motion, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper or making of the motion, including a reasonable attorney's fee.
Who is Spencer McDaniel? And Does He Actually Exist?
Swanenburg v. Boward CL1400580V-04 Case File Log
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Newport News Circuit - Civil Division
Pleadings/Orders Detail
Case Number: CL1400580V-04
Filed Type Party Judge Book Page Remarks
02/19/14 Initial Filing PLT VC COM :
03/20/14 Demurrer D SPEACIAL PLEA IN BAR & DEM
05/09/14 Notice BOWARD 24JUN2014@9AM RE: DEMURRER
06/20/14 Response P
06/17/14 Opposition P TO SPECIAL PLEA IN BAR&DEM
07/11/14 Memorandum BOWARD IN SPPT OF SPC PLEA IN BAR
07/17/14 Documents Produced JUDGE LETTER TO COUNSEL
06/23/14 Memorandum D SPPT OF S PLEA & DEM &PLEA
08/04/14 Notice OF APPEARANCE
08/13/14 Order TF RULING ON HEARING 06-24-14
08/25/14 Answer D & AFFIRMATIVE DEFENSES.
09/08/14 Response P TO AFFIRMATIVE DEFENSES
09/22/14 Motion D TO DETERMINE SUFFICIENCY
09/22/14 Documents Produced COVERLETTER(S)
09/22/14 Exhibits D (A) TO (E)
09/24/14 Notice Of Hearing D RE MOT DETERMI SUFFICIENCY
10/24/14 Other - Catch All TF H.FISHER EMAIL RE HEARING
10/23/14 Motion DEF TF MOT FOR ENTRY OF ORDER
10/23/14 Documents Produced D FISHER10/22LTR TO JUDGE
10/24/14 Documents Produced DH FISHER LETTER TO JUDGE.
11/03/14 Order TF RULING ON HEARING 10-21-14
11/06/14 Motion D MOT FOR SUMMARY JUDGMENT.
11/06/14 Exhibits D (1) THRU (7)
11/07/14 Notice D NOTICE OF HEARING
11/12/14 Notice P NOTICE OF HEARING
11/12/14 Motion P MOTION IN LIMINE
11/26/14 Memorandum D OPPO TO PLF MOT IN LIMINE.
11/26/14 Opposition P TO MOT FOR SUMMARY JUDGMNT
2. 12/01/14 Response D TO OPPOSITION JUDGMENT MOT
12/11/14 Order PLT TF RULING ON HEARING 12-03-14
12/16/14 Other - Catch All TF JUDGE LTR TO ATTY'S
01/20/15 Motion D SUMMARY JUDGMENT
01/23/15 Motion D MOTION IN LIMINE.
01/23/15 Memorandum D MEMORANDUM OPINION.
01/26/15 Notice Of Hearing 24MARCH2015@9AM
01/29/15 Order TF RULING ON HEARING 12-03-14
02/02/15 Notice P MOT FOR SUMMARY JUDGMENT
03/02/15 Supplement D MOT IN LIM & REQ FOR HEARG
03/13/15 Witness List D PROPOSED WIT LIST
03/13/15 Voir Dire D PROPOSED VOIR DIRE Q'S
03/13/15 Exhibits D PROPOSED EXHIBITS
03/13/15 Voir Dire D PROPOSED JURY INSTRUCTIONS
03/16/15 Exhibit List P & WITNESS LIST
03/19/15 Notice D
03/19/15 Objection D OBJECTIONS TO WIT/EXH LIST
03/20/15 Voir Dire P PROPOSED JURY INSTRUCTIONS
03/20/15 Amendment P AMENDED WITNES & EXH LIST.
03/20/15 Motion D 2ND SUPLMNTL MOT IN LIMINE
03/25/15 Affidavit D ATTYS FEES & COST TO DEF
03/26/15 Response D & OPPS TO PLF LETTER 25MAR
04/09/15 Supplement
03/30/15 Other - Catch All TF JUROR IDENTITY AFFIRMATION
04/01/15 Other - Catch All TF VERDICT FORM
04/01/15 Other - Catch All TF INSTRUCTIONS GIVEN
03/30/15 Exhibits PLT TF PLT EXHIBITS 1-3
03/31/15 Exhibits DEF TF DEF EXHIBITS 1-3
04/01/15 Other - Catch All TF INSTRUCTION NOT GIVEN
04/01/15 Other - Catch All TF INSTRUCTION DENIED
04/01/15 Other - Catch All TF JURY VERDICT NOT GIVEN
04/01/15 Other - Catch All TF DENIED JURY INSTRUCTIONS
04/01/15 Other - Catch All TF DENIED JURY VERDICT
04/01/15 Other - Catch All TF PLT DENIED INSTRUCTIONS
04/01/15 Other - Catch All TF VERDICT FORM
04/01/15 Other - Catch All TF INSTRUCTION AMOUNT SUED
04/01/15 Other - Catch All TF PLT PROPOSED JURY INSTR
04/01/15 Other - Catch All TF INSTRUCT LIABILITY ISSUES
04/01/15 Other - Catch All TF FINDING INSTRUCTION
04/01/15 Other - Catch All TF INSTRUCTION PUNITIVE DAMAG
3. 04/01/15 Other - Catch All TF INSTRUCTION ACTUAL DAMAGES
04/01/15 Other - Catch All TF GMAIL B.JENKINS STATEMENT
04/01/15 Transcript TF WITNESS PARRISH S. ALLEN
03/30/15 Answer PLT TF PLT ANS DEF 1ST SET ADMISS
04/01/15 Other - Catch All DEF TF DEF BOWARD 1ST SET REQ ADM
04/01/15 Transcript PLT TF DEPOSITION OF J. WATERS
03/30/15 Other - Catch All TF JURY SELECTION DIAGRAM
04/01/15 Transcript TF DEPOSITION OF B. JENKINS
04/22/15 Motion D MOTION FOR SANCTIONS.
04/22/15 Exhibits D (1) THROUGH (17)
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