VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF NORFOLK

ROY L. PERRY-BEY and )

RONADL M. GREEN )
)
Plaintiffs, )
vs. ) CL192816 (MJH)
)
)
NORFOLK CITY COUNCIL )
)
Defendants. )

AMENDED MOTION TO DISMISS

1. Roy L. Perry-Bey, and Ronald M. Green, (the “Plaintiffs”) herein, and moves this Honorable

Court pursuant to Va. Code § 8.01-229(E)(1), for entry of an order of dismissal in this case as

against the Norfolk City Council in the above reference matter.

2. Plaintiffs have been prejudiced by reason of the contrary or erroneous ruling of the Court. See

April 25, 2019 Court Order.

3. At a hearing on April 4, 2019, Plaintiffs orally moved for leave to file an amended Complaint

as against the City of Norfolk, (the “Defendants”), and continued the matter to allow Plaintiffs to

amend the March 28, 2019, complaint lodged with the Court and serve Defendants agreed to by

Adam D. Melita, Deputy City Attorney.

4. The Court orally granted that motion, permitting that Amended Complaint that had been

lodged with the Court on March 28, 2019, was amended and filed naming the City of Norfolk,

(the “Defendants”), see Court’s April 4, 2019 Order, and Norfolk Sheriff’s return of service on

Bill of Complaint filed on April 8, 2019, - the only one at has ever been served-as the operative

document; as a matter of law, should be considered part of the pleadings of this case to be heard

on Monday, April 29, 2019.

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5. On April 25, 2019, the Court issued an order regarding amended complaints, contrary with

the facts of this case, on April 12, 2019, Plaintiffs in fact filed a motion for leave to amend and

amended complaint for a declaratory judgment against the City of Norfolk, prior to Defendants

responsive pleadings, they are entitled as a matter of law, - as the existing operative document,

should be considered part of the pleadings of this case to be on Monday, April 29, 2019.

6. On April 18, 2019, Plaintiffs filed an emergency motion to disqualify Adam D. Melita, Deputy

City Attorney, (the “Defendant”), a necessary witness, and as a matter of law, should be

considered part of the pleadings of this case to be heard on Monday, April 29, 2019.

7. On April 24, 2019, Adam D. Melita, Deputy City Attorney, (the “Defendant”), knowingly,

and intentionally, filed on behalf of the (the “Non-Party”), Norfolk City Council a groundless

Demurrer, special plea and notice of hearing in bad faith without conferring with Plaintiffs, as a

matter of law, should be considered part of the pleadings of this case to be heard on Monday,

April 29, 2019.

8. This matter could end up in the Virginia Supreme Court because Plaintiffs clearly have been

prejudiced by the Defendants conduct and the Court’s oral or erroneous order, now rescinded in

spite of an amended Complaint and the Clerk of Court delay in posting it’s April 12, 2019 filing,

until April 19, 2019, and insisting on the Plaintiffs submitting an order over their objection, filed

on April 12, 2019, later that afternoon.

9. April 25, 2019, ORDER, improperly forces Plaintiffs to proceed against Norfolk City Council.

Respectfully Submitted,

By______________________________ By_____________________________
MR. ROY L. PERRY- BEY, MR. RONALD M. GREEN,
PLAINTIFF PLAINTIFF
89 LINCOLN STREET #1772 5540 BARNHOLLOW ROAD
HAMPTON, VIRGINIA 23669 NORFOLK, VA 23502

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 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I sent a true and correct copy of the foregoing this 27th day of
April, 2019, via email and by US Mail, postage prepaid, to counsel for Defendants, Adam Melita,
Deputy City Attorney, City of Norfolk, City Hall Building, 9th Floor, 810 Union Street Norfolk,
VA 23510.

By_______________________________
MR. ROY L. PERRY- BEY, PLAINTIFF
89 LINCOLN STREET #1772
HAMPTON, VIRGINIA 23669

By_______________________________
MR. RONALD M. GREEN, PLAINTIFF
5540 BARNHOLLOW ROAD
NORFOLK, VA 23502