Rogers v. Pike Road Board of Education
| Lashundra Rogers |
| Pike Road Board of Education, Charles Ledbetter, David Sikes and Turkessia McGaskill |
| 2:2021cv00455 |
| July 6, 2021 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Myron H Thompson |
| Civil Rights: Education |
| 20 U.S.C. § 1681 Education: Sex |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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Filing 78
REPLY BRIEF re #68 MOTION for Summary Judgment , #69 BRIEF/MEMORANDUM in Support Defendant Pike Road Board of Education's Reply Brief in Support of its Motion for Summary Judgment filed by Pike Road Board of Education. (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnson, Carl)
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Filing 77
TEXT ORDER: GRANTING #76 MOTION for Extension of Time to File Reply Brief. Signed by Honorable Judge Myron H. Thompson on 9/12/2023. (no pdf attached)(cwl, )
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Filing 76
MOTION for Extension of Time to File Reply Brief as to #68 MOTION for Summary Judgment , #69 BRIEF/MEMORANDUM in Support, #75 Response in Opposition to Motion, by Pike Road Board of Education. (Johnson, Carl) Modified on 9/11/2023 to clean up text (cwl, ).
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Filing 75
RESPONSE in Opposition re #68 MOTION for Summary Judgment filed by Lashundra Rogers. (Attachments: #1 Exhibit 1--Deposition of Jarvis Frazier, Doc. 70-6, #2 Exhibit 2--Deposition of David Sikes, Doc. 70-4, #3 Exhibit 3--Deposition of Plaintiff Lashundra Rogers, Doc. 70-2, #4 Exhibit 4--Email dated 8-24-23 from Carl Johnson via Mandy Rogers to Al Agricola, #5 Exhibit 5--Email dated 6-13-23 from Carl Johnson via Mandy Rogers to Al Agricola, #6 Exhibit 6--Deposition of A.B., Doc. 70-1, #7 Exhibit 7--Deposition of Renee Ingram, Doc. 70-7, #8 Exhibit 8--Deposition of Keith Gamble, Doc. 70-3, #9 Exhibit 9--Affidavit of Plaintiff Lashundra Rogers)(Agricola, Algert)
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Filing 74
NOTICE of Filing Supplemental Evidentiary Submission in Support of #68 MOTION for Summary Judgment Under Seal by Pike Road Board of Education (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 3 - IS A THUMBDRIVE AND IS NOT SCANNED. IT IS FILED IN CONVENTIONAL FORMAT AND IS FILED UNDER SEAL)(cwl, )
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Filing 73
TEXT ORDER granting #72 Motion for Leave to File Supplemental Evidentiary Submission in Support of Motion for Summary Judgment (Under Seal). Signed by Honorable Judge Myron H. Thompson on 8/28/2023. (no pdf attached) (cwl, )
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Filing 72
MOTION for Leave to File Supplemental Evidentiary Submission in Support of Motion for Summary Judgment (Under Seal) by Pike Road Board of Education. (Johnson, Carl) Modified on 8/28/2023 to clean up text & to clarify Exhibit A is contained within the main PDF (cwl, ).
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Filing 71
ORDER: It is ORDERED that the motion for summary judgment (Doc. #68 ) is set for submission, without oral argument, on September 12, 2023, with any opposition brief and evidentiary materials due by September 5, 2023, and any reply to the opposition due by September 12, 2023. Signed by Honorable Judge Myron H. Thompson on 8/14/2023. (cwl, )
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Filing 70
NOTICE of Filing of Evidentiary Submission re #68 MOTION for Summary Judgment Under Seal by Pike Road Board of Education (Attachments: #1 Table of Contents, #2 Exhibit 1. A.B. Depo. and Exhibits SEALED, #3 Exhibit 2. L. Rogers Depo. SEALED, #4 Exhibit 3. K. Gamble Depo. SEALED, #5 Exhibit 4. D. Sikes Depo. and Exhibits SEALED, #6 Exhibit 5. T. McGaskill Depo. and Exhibits SEALED, #7 Exhibit 6. J. Frazier, Depo. and Exhibits SEALED, #8 Exhibit 7. R. Ingram Depo. and Exhibits SEALED, #9 Exhibit 8. K. Lankford Affidavit with Exhibit SEALED)(cwl, )
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Filing 69
BRIEF/MEMORANDUM in Support re #68 MOTION for Summary Judgment filed by Pike Road Board of Education. (Johnson, Carl)
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Filing 68
MOTION for Summary Judgment by Pike Road Board of Education. (Johnson, Carl)
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Filing 67
TEXT ORDER granting #65 MOTION for Leave to File Evidentiary Materials Under Seal. Signed by Honorable Judge Myron H. Thompson on 8/7/2023. (No PDF attached to this entry) (bes, )
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Filing 66
BRIEF/MEMORANDUM in Support re #65 MOTION to Seal Motion for Leave to File Evidentiary Materials Under Seal Defendant's Supplement to Motion for Leave to File Evidentiary Materials Under Seal filed by Pike Road Board of Education. (Johnson, Carl)
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Filing 65
MOTION for Leave to File Evidentiary Materials Under Seal by Pike Road Board of Education. (Johnson, Carl) Modified on 8/7/2023 to clarify text (am, ).
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Filing 64
Notice of Mediation and Settlement Conference by Pike Road Board of Education & Lashundra Rogers (Johnson, Carl) Modified on 7/21/2023 to add joint filer (am, ).
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Filing 63
ORDER: it is hereby ORDERED as follows: 1. Plaintiff's #61 unopposed motion for Order requiring subpoenaed witnesses to testify and produce records is GRANTED; 2. Plaintiff's #60 unopposed motion for Order requiring subpoenaed witnesses to testify and produce records is DENIED as duplicative; 3. The Corporate Representative of the Family Sunshine Center is specifically directed and required by this Order to produce all treatment records and therapist notes, summaries, diagnoses, reports, and counseling session recordings, whether audio or video, made by Renee Ingram as an employee of the Family Sunshine Center concerning her counseling sessions with A.B. relating to her sexual assault by S.H. that occurred on or about October 23, 24, and 25, 2019, while A.B. was a passenger on a school bus operated by the Pike Road Board of Education; 4. Renee Ingram, a licensed professional counselor employed by the Family Sunshine Center, is specifically directed and required by this Order to testify at a deposition noticed at the instance of Plaintiff at the appointed date, time, and place concerning her counseling sessions with A.B. and concerning the records ordered produced by the Family Sunshine Center in the previous paragraph of this ORDER. Signed by Magistrate Judge Jerusha T. Adams on 7/10/2023. (am, )
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Filing 62
ORDER: DIRECTING the Clerk to immediately place under seal Plaintiff's #60 Time-Sensitive Motion for Order Requiring Subpoenaed Witnesses to Testify and to Produce Records, as pages 9, 11, and 12 of that motion contain information that should have been redacted pursuant to Local Rule 5.2; Plaintiff is ORDERED to publicly file a properly redacted version of its motion not later than 5:00 p.m. on today, 7/10/2023. Signed by Magistrate Judge Jerusha T. Adams on 7/10/2023. (am, )
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Filing 61
Consent MOTION for Order Requiring Subpoenaed Witnesses to Testify and to Produce Records by Lashundra Rogers. (Agricola, Algert)
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Filing 60
Unopposed Time-Sensitive MOTION for Order Requiring Subpoenaed Witness to Testify and to Produce Records by Lashundra Rogers. (Agricola, Algert) Modified on 7/10/2023 to clarify text (am, ).
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Filing 59
NOTICE of Non-Compliance re #58 Notice of Filing Discovery which is hereby STRICKEN pursuant to Local Rules re: Non-Filing of Civil Discovery. (Attachments: #1 Local Rule 26.3)(am, )
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Filing 58
(STRICKEN PURSUANT TO LOCAL RULES RE: NON-FILING OF CIVIL DISCOVERY) NOTICE by Pike Road Board of Education Notice of Filing Discovery (Johnson, Carl) Modified on 5/17/2023 (am, ).
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Filing 57
PROTECTIVE ORDER: GRANTING the #56 Joint Motion for Protective Order motion, as further set out in Order. Signed by Honorable Judge Jerusha T. Adams on 1/24/2023. (am, )
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Filing 56
Joint MOTION for Protective Order by Pike Road Board of Education & Lashundra Rogers. (Attachments: #1 Text of Proposed Order Proposed Protected Order)(Johnson, Carl) Modified on 1/24/2023 to add joint filer(am, ).
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Filing 55
UNIFORM SCHEDULING ORDER: setting a Pretrial Conference for 12/7/2023 before Honorable Judge Myron H. Thompson, in Montgomery, AL; Jury Trial set for 2/5/2024 @ 10:00 AM, before Honorable Judge Myron H. Thompson, in Montgomery, AL; Dispositive & Daubert Motions due by 8/9/2023; Mediation Notice due not more than 7 days after the Settlement Conference; Amendments to Pleadings due by 1/12/2023; Discovery Cutoff completed by 7/12/2023, as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 10/27/2022. (Furnished: Calendar & AG)(am, )
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Filing 54
NOTICE of Correction re #53 Report of Rule 26(f) Planning Meeting to correct the main pdf previously attached by the e-filer. (Attachments: #1 Corrected Main Document #53 )(am, )
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Filing 53
REPORT of Rule 26(f) Planning Meeting. (Johnson, Carl) (Main Document 53 replaced on 10/27/2022 to correct main pdf) (am, ).
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Filing 52
RULE 26(f) ORDER: is ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable; Rule 26 Meeting Report due by 10/26/2022, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 10/5/2022. (amf, )
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Filing 51
JUDGMENT: In accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The #42 motion to dismiss by defendants Charles Ledbetter, Turkessia McGaskill, and David Sikes is granted; (2) Defendants Ledbetter, McGaskill, and Sikes are dismissed; It is further ORDERED that costs are taxed against plaintiff Lashundra Rogers, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP; This case is not closed. It will proceed against defendant Pike Road Board of Education. Signed by Honorable Judge Myron H. Thompson on 9/29/2022. (am, )
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Filing 50
OPINION. Signed by Honorable Judge Myron H. Thompson on 9/29/2022. (am, )
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Filing 49
REPLY to Response to Motion re #42 MOTION to Dismiss filed by Charles Ledbetter, Turkessia McGaskill, David Sikes. (Marsh, John) Modified on 11/17/2021 to add the link to the #42 motion & remove the link from the #48 response (amf, ).
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Filing 48
RESPONSE in Opposition re #42 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Lashundra Rogers. (Agricola, Algert)
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Filing 47
ORDER granting #46 MOTION to Stay Discovery and Rule 26(f) Obligations, and the #44 Rule 26(f) order is vacated. Signed by Honorable Judge Myron H. Thompson on 10/28/2021. (djy, )
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Filing 46
MOTION to Stay Discovery and Rule 26(f) Obligations - Unopposed by Charles Ledbetter, Turkessia McGaskill, David Sikes. (Marsh, John)
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Filing 45
ORDER: It is ORDERED that the #42 motion to dismiss is set for submission, without oral argument, on 11/16/2021, with any opposition brief due by 11/9/2021, and any reply to the opposition due by 11/16/2021. Signed by Honorable Judge Myron H. Thompson on 10/26/2021. (hfc, )
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Filing 44
(VACATED pursuant to #47 ORDER) RULE 26(f) ORDER: it is ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 11/16/2021. Signed by Honorable Judge Myron H. Thompson on 10/26/2021. (hfc, ) Modified on 10/28/2021 (djy, ).
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Filing 43
BRIEF/MEMORANDUM in Support re #42 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Charles Ledbetter, Turkessia McGaskill, David Sikes. (Marsh, John)
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Filing 42
MOTION to Dismiss Plaintiff's Second Amended Complaint by Charles Ledbetter, Turkessia McGaskill, David Sikes. (Marsh, John)
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Filing 41
ANSWER to #40 Amended Complaint Answer to Second Amended Complaint by Pike Road Board of Education.(Johnson, Carl)
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Filing 40
AMENDED COMPLAINT (Second) against All Defendants, filed by Lashundra Rogers.(Agricola, Algert)
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Filing 39
ORDER dismissing as moot #34 Motion to Dismiss, with leave to refile, in light of the anticipated filing of the second amended complaint. Signed by Honorable Judge Myron H. Thompson on 10/7/2021. (djy, )
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Filing 38
ORDER GRANTING #37 MOTION for leave to Amend and plf shall file the amended complaint on the docket by 10/12/2021. Signed by Honorable Judge Myron H. Thompson on 10/7/2021. (djy, )
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Filing 37
Consent MOTION to Amend/Correct #31 Amended Complaint by Lashundra Rogers. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Agricola, Algert)
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Filing 36
ORDER: It is ORDERED that the #34 motion to dismiss is set for submission, without oral argument, on 10/19/2021, with any opposition brief due by 10/12/2021, and any reply to the opposition due by 10/19/2021. Signed by Honorable Judge Myron H. Thompson on 9/28/2021. (hfc, )
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Filing 35
BRIEF/MEMORANDUM in Support re #34 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Charles Ledbetter, Turkessia McGaskill, David Sikes. (Marsh, John)
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Filing 34
MOTION to Dismiss Plaintiff's First Amended Complaint by Charles Ledbetter, Turkessia McGaskill, David Sikes. (Marsh, John)
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Filing 33
ANSWER to #31 Amended Complaint Answer to First Amended Complaint by Pike Road Board of Education.(Johnson, Carl)
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Filing 32
TEXT ORDER: denying the #30 Corrected Unopposed Motion to for Leave to Amend as MOOT, in light of the #28 Order. Signed by Honorable Judge Myron H. Thompson on 9/13/2021. (NO PDF attached to this entry) (am, )
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Filing 31
AMENDED COMPLAINT against All Defendants, filed by Lashundra Rogers.(Agricola, Algert)
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Filing 30
Corrected Unopposed MOTION for Leave to Amend #1 Complaint, unopposed by Lashundra Rogers. (Attachments: #1 Exhibit First Amended Complaint)(Agricola, Algert) Modified on 9/13/2021 to clarify text as reflected in pleading (am, ).
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Filing 29
ORDER: It is ORDERED that the #19 motion to dismiss is dismissed as moot, with leave to refile, in light of the anticipated filing of the amended complaint. Signed by Honorable Judge Myron H. Thompson on 9/13/2021. (am, )
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Filing 28
ORDER: GRANTING the #27 Unopposed MOTION for Leave to Amend; DIRECTING that plaintiff is to file, within five business days, an amended pleading that fully complies with M.D. Ala., LR 15.1, as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 9/13/2021. (am, )
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Filing 27
Unopposed MOTION for Leave to Amend #1 Complaint, by Lashundra Rogers. (Agricola, Algert) Modified on 9/10/2021 to clarify text as reflected in pleading (am, ).
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Filing 26
Case reassigned to Honorable Judge Myron H. Thompson and Honorable Judge Jerusha T. Adams. Honorable Judge Jerusha T. Adams no longer assigned to the case as presiding judge. (djy, )
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Motions No Longer Referred to Judge Adams, case reassigned: #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (djy, )
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Filing 25
TEXT ORDER: Upon consideration of the Plaintiff's Unopposed #24 Motion for Extension of Time which indicates that the opposing counsel does not oppose the motion, and for good cause, it is ORDERED that the #24 motion is GRANTED. The plaintiff shall file a response to the defendants' #19 motion to dismiss on or before 9/13/2021. The defendants shall file a reply on or before 9/20/2021. Signed by Honorable Judge Jerusha T. Adams on 8/23/2021. (NO PDF document attached to this notice).(djy, )
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Filing 24
Consent MOTION for Extension of Time to File Response/Reply by Lashundra Rogers. (Agricola, Algert)
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Filing 23
ORDER TO SHOW CAUSE by the plf as to why #19 Motion to Dismiss should not be granted; Show Cause Response due by 8/30/2021; defs shall file a reply on or before 9/7/2021. Signed by Honorable Judge Jerusha T. Adams on 8/17/2021. (djy, )
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Filing 22
ORDER directing that the parties complete the appropriate attached form so that the form is received by the clerk on or before 9/7/2021, as further set out in order. Signed by Honorable Judge Jerusha T. Adams on 8/17/2021. (djy, )
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Filing 21
ANSWER to #1 Complaint, by Pike Road Board of Education.(Knight, Griffin)
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Filing 20
BRIEF/MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles Ledbetter, Turkessia McGaskill, David Sikes. (Marsh, John)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Charles Ledbetter, Turkessia McGaskill, David Sikes. (Marsh, John)
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Filing 18
NOTICE of Assignment to U.S. Magistrate Judge sent to counsel for All Defendants: Charles Ledbetter, Turkessia McGaskill, Pike Road Board of Education, David Sikes. (amf, )
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Filing 17
TEXT ORDER: Before the Court is the #14 Motion for Extension of Time to Respond to Complaint filed by the defendant, Pike Road Board of Education on 7/28/2021 and a #16 Notice of Consent to Motion for Extension of Time to Respond to Complaint. Upon consideration of the motion, and the representation that the plaintiff does not oppose the motion, and for good cause, it is ORDERED that the motion is GRANTED. The defendant shall file an answer or other response on or before 8/16/2021. Signed by Honorable Judge Jerusha T. Adams on 7/29/2021. (NO PDF document attached to this notice). (djy, )
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Filing 16
NOTICE by Pike Road Board of Education re #14 MOTION for Extension of Time to File Answer Motion for Extension of Time to Respond to Complaint Notice of Consent to Motion for Extension of Time to Respond to Complaint (Johnson, Carl)
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Filing 15
Corporate/Conflict Disclosure Statement by Pike Road Board of Education. (Johnson, Carl) (Main Document 15 replaced on 8/4/2021 to flatten PDF) (qc/djy, ).
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Filing 14
MOTION for Extension of Time to File Answer Motion for Extension of Time to Respond to Complaint by Pike Road Board of Education. (Johnson, Carl)
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Filing 13
TEXT ORDER: Before the Court is the #9 Motion for Enlargement of Time filed by the defendants, Charles Ledbetter, David Sikes, and Turkessia McGaskill on 7/27/2021; Upon consideration of the motion, and the representation that the plaintiff does not oppose the motion, and for good cause, it is ORDERED that the motion is GRANTED. The defendants shall file an answer or other response on or before 8/16/2021. Signed by Honorable Judge Jerusha T. Adams on 7/28/2021. (No PDF document attached to this notice). (djy, )
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Filing 12
Corporate/Conflict Disclosure Statement by David Sikes. (Marsh, John)
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Filing 11
Corporate/Conflict Disclosure Statement by Turkessia McGaskill. (Marsh, John)
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Filing 10
Corporate/Conflict Disclosure Statement by Charles Ledbetter. (Marsh, John)
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Filing 9
MOTION for Extension of Time to File Answer re #1 Complaint, Unopposed, by Charles Ledbetter, Turkessia McGaskill, David Sikes. (Marsh, John)
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Filing 8
NOTICE of Appearance by John Warren Marsh on behalf of Charles Ledbetter, Turkessia McGaskill, David Sikes (Marsh, John)
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Filing 7
Return Receipt Card showing service of summons, complaint, conflict disclosure and discovery signed by (no signature) for Charles Ledbetter served on (no date given), answer due 8/2/2021. (djy, )
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Filing 6
Return Receipt Card showing service of summons, complaint, conflict disclosure and discovery signed by (no signature) for Turkessia McGaskill served on (no date given), answer due 8/2/2021. (djy, )
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Filing 5
Return Receipt Card showing service of summons, complaint, conflict disclosure and discovery signed by (no signature) for Pike Road Board of Education served on (no date given), answer due 8/2/2021. (djy, )
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Filing 4
NOTICE of Assignment to Magistrate Judge sent to counsel for (plaintiff) Lashundra Rogers. (djy, )
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Filing 3
Summons Issued as to Charles Ledbetter, Turkessia McGaskill, Pike Road Board of Education, David Sikes and mailed CMRRR with copy of complaint, corporate disclosure, and first set of consolidated discovery requests. (djy, )
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Filing 2
Corporate/Conflict Disclosure Statement by Lashundra Rogers. (djy, ) (Additional attachment(s) added on 7/12/2021: #1 Corrected Certificate of Service) (amf, ).
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Filing 1
COMPLAINT against Charles Ledbetter, Turkessia McGaskill, Pike Road Board of Education, David Sikes ( Filing fee $ 402.00 receipt number 4602063881.), filed by Lashundra Rogers. (Attachments: #1 Civil Cover Sheet, #2 fee receipt)(djy, )
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DEMAND for Trial by Jury by Lashundra Rogers. (NO PDF document attached to this notice-See docket entry #1 ). (djy, )
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