VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF NORFOLK
ROY PERRY-BEY and
RONALD M. GREEN
vy Docket No.: CL19-2816
NORFOLK CITY COUNCIL
ORDER REGARDING AMENDED COMPLAINTS
Plaintiffs filed their initial Complaint on March 22, 2019 and did not serve it on the
defendant, They lodged an Amended Complaint without an accompanying motion for leave to
amend with the Clerk on March 28, 2019. At a hearing in open court on April 4, 2019, Plaintiffs
orally moved for leave to file an amended complaint, The Court orally granted that motion,
permitting the Amended Complaint that had been previously lodged with the Court on March 28,
2019 to be filed. That Amended Complaint was served on Defendant on April 8, 2019.
Plaintiffs thereafter submitted an Order to permit them to file an Amended Complaint,
ostensibly 2 written order to memorialize the Court’s oral approval granted in open court on April
4, 2019, ‘The Court signed that Order in error on April 19, 2019 but has since realized that it was
endorsed only by Plaintiffs and not by counsel for Defendants, in violation of Rule 1:13. The
Court has therefore VACATED that order. The Court by this Order GRANTS Plaintifiés leave to
file the Amended Complaint that was lodged with the Clerk on March 28, 2019.
Plaintiffs filed another pleading styled “Amended Complaint” on April 4, 2019, and yet
another styled “Amended Complaint for Declaratory Judgment” on April 19, 2019. Neither of
these amended pleadings were accompanied by motions seeking leave to amend, and the Court
has therefore not granted such leave.
Defendant has filed a Demurrer and Special Plea based on Plaintiffs’ Amended Complaint
to be on Monday, April 29, 2019. The Complaints filed on April 4, 2019 and April 19, 2019, are
1not before the Court and will not be considered part of the pleadings of this ease, inasmuch as no
leave to amend or order permitting their filing has been granted by the Court. The March 28, 2019
Amended Complaint is the pleading that will be considered for all purposes, including Defendant's
Demurrer and Special Plea.
The Clerk is directed to send a copy of this Order to counsel of record.
Pursuant to Rule 1:13, endorsements by counsel are waived.
ENTER: 2.5" Apo ZOI4
MARY JANE HALL, JUDGE