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PAYNE v. BRAKE

Civil Action No. 3:02CV00072, Civil Action No. 3:02CV00075, Civil Action No. 3:02CV00078.

337 F.Supp.2d 800 (2004)

Kelly PAYNE, personal representative of the Estate of Eduardo Calzada, Plaintiff, v. Mark BRAKE, et al., Defendants.

United States District Court, W.D. Virginia, Charlottesville Division.

September 23, 2004.

Attorney(s) appearing for the Case

Deborah Chasen Wyatt, Wyatt & Associates, Neal L. Walters, Scott & Kroner, P.C., Charlottesville, VA, for Plaintiff.

Cheryl V. Higgins, St. John Bowling & Lawrence LLP., Elizabeth M. Ayyildiz, Morin & Barkley, Charlottesville, VA, Mark D. Obenshain, Keeler Obenshain, P.C., Harrisonburg, VA, Linwood Theodore Wells, Jr., Richmond, VA, Helen Eckert Phillips, Attorney at Law, Stanardsville, VA, Roger Conant Wiley, Jr., Hefty & Wiley, P.C., Richmond, VA, for Defendants.

MEMORANDUM OPINION

MOON, District Judge.

This matter comes before the Court on Defendants' Motions to Dismiss. For the reasons stated below, Defendants' Motions to Dismiss are hereby GRANTED. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE.

I. BACKGROUND

On October 23, 2000, Plaintiff Kelly Payne, personal representative of the estate of Eduardo Calzada, timely filed an action in Circuit Court for the City of Charlottesville...

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