DeMarcus et al v. University of South Alabama et al
| Rachael DeMarcus, Alexis Silver, Jane Doe 1, Jane Doe 2, Caitlin Tipping, Hannah Johnson, Meaghan Jones and Hannah Kazee |
| University of South Alabama, Alexis Meeks-Rydell, Robert Chilcoat, Patricia Gandolfo, Joel Erdmann, Jinni Frisbey and Chris Moore |
| 1:2021cv00380 |
| August 31, 2021 |
| US District Court for the Southern District of Alabama |
| Sonja F Bivins |
| Kristi K DuBose |
| Civil Rights: Education |
| 20 U.S.C. § 1681 Title IX Educational Amendments 1992 - Sex Discrimination |
| Plaintiff |
Docket Report
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Filing 56
Order re: #52 MOTION to Dismiss First Amended Complaint. Plaintiffs are ORDERED to file a response to the motion on or before March 14, 2022. Any reply by Defendants shall be filed by March 21, 2022. Signed by Magistrate Judge Sonja F. Bivins on 02/24/2022. (fz)
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| Filing 55 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Hare, Eli) |
| REFERRAL OF #53 Reply to Response to Motion, #52 MOTION to Dismiss First Amended Complaint to Judge Bivins. (meh) |
| Filing 54 NOTICE of Appearance by Christine Elizabeth H. Hart on behalf of Jinni Frisbey, Chris Moore (Hart, Christine) |
| Filing 53 REPLY to Response to Motion #41 for Partial Dismissal filed by Alexis Meeks-Rydell. (Rehm, Elizabeth) |
| Filing 52 MOTION to Dismiss First Amended Complaint filed by Jinni Frisbey, Chris Moore. (Bitzer, Windy) |
| REFERRAL OF #51 Reply to Response to Motion to Judge Bivins. (srd) |
| Filing 51 REPLY to Response to Motion #42 filed by Robert Chilcoat, Joel Erdmann, Patricia Gandolfo, University of South Alabama. (Bitzer, Windy) |
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Filing 50
ENDORSED ORDER granting Doc. #49 Motion for Extension of Time. Reply due from Defendant Alexis Meeks-Rydell by 2/18/2022. Signed by Magistrate Judge Sonja F. Bivins on 2/15/2022. (bld)
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| Filing 49 MOTION for Extension of Time filed by Alexis Meeks-Rydell. (Rehm, Elizabeth) |
| REFERRAL OF #47 Response in Opposition to Motion, and #48 Response in Opposition to Motion to Judge Bivins. (srd) |
| Filing 48 RESPONSE in Opposition re #42 MOTION to Dismiss First Amended Complaint filed by Rachael DeMarcus, Jane Doe 1, Jane Doe 2, Hannah Johnson, Meaghan Jones, Hannah Kazee, Alexis Silver, Caitlin Tipping. (Debrosse Zimmermann, Diandra) |
| Filing 47 RESPONSE in Opposition re #41 MOTION to Dismiss Amended Complaint filed by Rachael DeMarcus, Jane Doe 1, Jane Doe 2, Hannah Johnson, Meaghan Jones, Hannah Kazee, Alexis Silver, Caitlin Tipping. (Debrosse Zimmermann, Diandra) |
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Filing 46
Order DENYING #30 Motion for Leave to Proceed Anonymously filed by Jane Doe 2, Jane Doe 1. Plaintiffs are ORDERED to amend their Complaint by 2/22/2022 as set out. Signed by District Judge Kristi K. DuBose on 02/08/2022. (srd)
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| REFERRAL OF #45 Reply to Judge DuBose. (srd) |
| Filing 45 REPLY to #38 Response in Opposition to Motion, #37 Response to Motion filed by Rachael DeMarcus, Jane Doe 1, Jane Doe 2, Hannah Johnson, Meaghan Jones, Hannah Kazee, Alexis Silver, Caitlin Tipping. (Hare, Eli) |
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Filing 44
Order re: #41 MOTION to Dismiss Amended Complaint filed by Alexis Meeks-Rydell and #42 MOTION to Dismiss First Amended Complaint filed by Patricia Gandolfo, Robert Chilcoat, Joel Erdmann, University of South Alabama. Plaintiffs are ORDERED to respond to the motions on or before 2/8/2022. Any replies by Defendants shall be filed by 2/15/2022. Signed by Magistrate Judge Sonja F. Bivins on 01/18/2022. (srd)
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| MOTIONS REFERRED: #41 MOTION to Dismiss Amended Complaint and #42 MOTION to Dismiss First Amended Complaint. Referred to Judge Sonja F. Bivins. (srd) |
| Filing 43 ANSWER to #31 Amended Complaint by Alexis Meeks-Rydell. (Collins, Celia) |
| Filing 42 MOTION to Dismiss First Amended Complaint filed by Robert Chilcoat, Joel Erdmann, Patricia Gandolfo, University of South Alabama. (Attachments: #1 Exhibit A) (Bitzer, Windy) |
| Filing 41 MOTION to Dismiss Amended Complaint filed by Alexis Meeks-Rydell. (Collins, Celia) |
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Filing 39
ENDORSED ORDER granting in part and denying in part Defendants' Motion to Extend Preliminary Scheduling Order Deadlines #35 . For the reasons discussed during the status conference on January 13, 2022, the deadlines in the Preliminary Scheduling Order are hereby suspended until further notice. Signed by Magistrate Judge Sonja F. Bivins on January 13, 2022. (Bivins, Sonja)
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| REFERRAL OF #37 Response to Motion and #38 Response in Opposition to Motion, to Judge DuBose. (srd) |
| Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Telephone Status Conference held on 1/13/2022. DCR Digital Audio Recording. (srd) |
| Filing 38 RESPONSE in Opposition re #30 MOTION Motion for Leave to Proceed Anonymously filed by Alexis Meeks-Rydell. (Collins, Celia) |
| Filing 37 RESPONSE to Motion re: #30 MOTION Motion for Leave to Proceed Anonymously filed by Robert Chilcoat, Joel Erdmann, Patricia Gandolfo, University of South Alabama. (Bitzer, Windy) |
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Filing 36
Order re: #35 Joint MOTION (Status Conference by phone set for 1/13/2022 at 10:00 AM before Magistrate Judge Sonja F. Bivins.) Telephone call-in information: 571-353-2301 (Guest ID: 002111801#). Signed by Magistrate Judge Sonja F. Bivins on 1/6/22. (mpp) Copies to counsel
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| MOTIONS REFERRED: #35 Joint MOTION for Extension of Time re: Preliminary Scheduling Order Deadlines Referred to Judge Sonja F. Bivins. (srd) |
| Filing 35 Joint MOTION for Extension of Time re: Preliminary Scheduling Order Deadlines filed by Robert Chilcoat, Joel Erdmann, Patricia Gandolfo, University of South Alabama. (Bitzer, Windy) |
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Filing 34
Order re: #30 MOTION for Leave to Proceed Anonymously filed by Jane Doe 2, Jane Doe 1. Defendant shall file any response on or before 1/12/2022 and Plaintiffs shall file any reply on or before 1/19/2022. Signed by District Judge Kristi K. DuBose on 12/29/2021. (srd)
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Filing 33
ENDORSED ORDER finding as moot Doc. #27 Partial Motion to Dismiss. Per the parties' agreements (Docs. 21, 25), Defendant's Partial Motion to Dismiss is rendered moot by the filing of Plaintiffs' First Amended Complaint. Signed by Magistrate Judge Sonja F. Bivins on 12/28/2021. (bld)
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Filing 32
ENDORSED ORDER finding as moot Doc. #12 Motion to Dismiss. Per the parties' agreements (Docs. 21, 25), Defendants' Motion to Dismiss is rendered moot by the filing of Plaintiffs' First Amended Complaint. Signed by Magistrate Judge Sonja F. Bivins on 12/28/2021. (bld)
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| MOTIONS REFERRED: #30 MOTION Motion for Leave to Proceed Anonymously to Judge DuBose (nah) |
| Filing 31 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Hare, Eli) |
| Filing 30 MOTION Motion for Leave to Proceed Anonymously filed by Jane Doe 1, Jane Doe 2. (Hare, Eli) |
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Filing 29
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 1/6/2022. Signed by Magistrate Judge Sonja F. Bivins on 11/22/2021. (Attachments: #1 Consent Form) (srd)
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| MOTIONS REFERRED: #27 MOTION to Dismiss Defendant Partial Motion to Dismissed Referred to Judge Sonja F. Bivins. (srd) |
| Filing 28 ANSWER to #1 Complaint, by Alexis Meeks-Rydell. (Collins, Celia) |
| Filing 27 MOTION to Dismiss Defendant Partial Motion to Dismissed filed by Alexis Meeks-Rydell. (Collins, Celia) |
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Filing 26
ENDORSED ORDER granting Doc. #25 Motion to Clarify. Plaintiffs shall file an amended complaint or other response to all motions to dismiss filed by Defendants on or before December 17, 2021. If Plaintiffs file an amended complaint on or before December 17, 2021, Defendants shall file all pleadings or motions in response to Plaintiffs' amended complaint on or before January 14, 2022. If Plaintiffs do not file an amended complaint and instead file a response to Defendants' motion(s) to dismiss, any replies by Defendants shall be filed no later than January 14, 2022. Signed by Magistrate Judge Sonja F. Bivins on 11/9/2021. (bld)
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| MOTIONS REFERRED: #25 Unopposed MOTION to Clarify November 5, 2021 Order Referred to Judge Sonja F. Bivins. (srd) |
| Filing 25 Unopposed MOTION to Clarify November 5, 2021 Order filed by All Plaintiffs. (Hare, Eli) |
| Filing 24 NOTICE of Appearance by Elizabeth D. Rehm on behalf of Alexis Meeks-Rydell (Rehm, Elizabeth) |
| Filing 23 NOTICE of Appearance by Celia J. Collins on behalf of Alexis Meeks-Rydell (Collins, Celia) |
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Filing 22
ORDER granting in part and denying in part parties' motion for extension of time #21 . Upon consideration, and for good cause shown, the undersigned hereby orders as follows: 1) the deadline for Defendant Alexis Meeks-Rydell's Answer or other response is extended to November 19, 2021, 2) the deadline for Plaintiff's response to all motions to dismiss is extended to December 17, 2021, and 3) any replies by Defendants shall be filed no later than January 14, 2022. Signed by Magistrate Judge Sonja F. Bivins on November 5, 2021. (Bivins, Sonja)
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| Filing 21 Joint MOTION for Extension of Time to File Response and Request for Scheduling Order filed by Alexis Meeks-Rydell. (Collins, Celia) |
| MOTIONS REFERRED: #21 Joint MOTION for Extension of Time to File Response and Request for Scheduling Order Referred to Judge Sonja F. Bivins. (srd) |
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Filing 20
ENDORSED ORDER granting Doc. #18 Motion for Kenneth P. Abbarno to Appear Pro Hac Vice. Signed by Magistrate Judge Sonja F. Bivins on 11/2/2021. (bld)
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| Filing 19 NOTICE by All Plaintiffs re Motions Referred, (Hare, Eli) |
| REFERRAL OF #19 Notice (Other) to Judge Bivins. (srd) |
| Filing 18 MOTION and APPLICATION for Kenneth P. Abbarno to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2898954, Online Credit Card Payment) filed by All Plaintiffs. (Hare, Eli) |
| MOTIONS REFERRED: #18 MOTION and APPLICATION for Kenneth P. Abbarno to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Al Referred to Judge Sonja F. Bivins. (srd) |
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Filing 17
ENDORSED ORDER granting #14 MOTION for Extension of Time as to #1 Complaint. Answer or other response due from Alexis Meeks-Rydell on 11/4/2021. Signed by District Judge Kristi K. DuBose on 10/21/2021. (khc)
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| MOTIONS REFERRED: #12 MOTION to Dismiss Referred to Judge Sonja F. Bivins. (srd) |
| Filing 16 This action has been transferred from the docket of Magistrate Judge Sonja F. Bivins and is now assigned to the docket of District Judge Kristi K. DuBose and Magistrate Judge Sonja F. Bivins. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-B after the case number on all future pleadings. (mpp) |
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Filing 15
Order Setting Motion Deadlines re: #12 MOTION to Dismiss. Responses due by 11/10/2021 & Replies due by 11/17/2021. Signed by Magistrate Judge Sonja F. Bivins on 10/20/21. (mpp) Copies to counsel
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| Filing 14 MOTION for Extension of Time to File Answer filed by Alexis Meeks-Rydell. (Pilcher, Mary) |
| MOTIONS REFERRED: #14 MOTION for Extension of Time to File Answer to Judge DuBose. (srd) |
| Filing 13 NOTICE of Appearance by Christine Elizabeth H. Hart on behalf of Robert Chilcoat, Joel Erdmann, Patricia Gandolfo, University of South Alabama (Hart, Christine) |
| Filing 12 MOTION to Dismiss filed by Robert Chilcoat, Joel Erdmann, Patricia Gandolfo, University of South Alabama. (Attachments: #1 Exhibit A) (Bitzer, Windy) |
| Answer due from Patricia Gandolfo on 10/19/2021 pursuant to FRCP 12(a) re: Return #8 executed. (mpp) |
| Answer due from Joel Erdmann & Alexis Meeks-Rydell on 10/21/2021 pursuant to FRCP 12(a) re: Returns #9 & #11 executed. (mpp) |
| Answer due from Robert Chilcoat on 10/29/2021 pursuant to FRCP 12(a) re: Return #10 executed. (mpp) |
| Filing 11 AFFIDAVIT of Service for Complaint and Summons served on Joel Erdmann on 09/30/2021, filed by Rachael DeMarcus, Alexis Silver. (Hare, Eli) |
| Filing 10 AFFIDAVIT of Service for Complaint and Summons served on Robert Chilcoat on 10/08/2021, filed by Rachael DeMarcus, Alexis Silver. (Hare, Eli) |
| Filing 9 AFFIDAVIT of Service for Complaint and Summons served on Alexis Meeks-Rydell on 09/30/2021, filed by Rachael DeMarcus, Alexis Silver. (Hare, Eli) |
| Filing 8 AFFIDAVIT of Service for Complaint and Summons served on Patricia Gandolfo on 09/28/2021, filed by Rachael DeMarcus, Alexis Silver. (Hare, Eli) |
| Filing 7 NOTICE of Appearance by Eli Hare on behalf of All Plaintiffs (Hare, Eli) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Rachael DeMarcus, Alexis Silver. University of South Alabama waiver sent on 9/3/2021, answer due 11/2/2021. (Hare, Eli) |
| Filing 5 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment) (mpp) copy to Pltf |
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Filing 4
Service Order entered 9/2/2021. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 10/15/2021. Signed by Magistrate Judge Sonja F. Bivins on 9/2/21. (mpp) copy to Pltf (mpp).
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| Filing 3 Summons Issued as to Robert Chilcoat, Joel Erdmann, Patricia Gandolfo, Alexis Meeks-Rydell, University of South Alabama. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (mpp) |
| Filing 2 NOTICE by Rachael DeMarcus, Alexis Silver Filing Proposed Summons (Attachments: #1 Proposed Summons to All Defendants) (Debrosse Zimmermann, Diandra) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number AALSDC-2865527, Online Credit Card Payment), filed by All Plaintiffs. 90 day Rule 4m deadline set for 11/29/2021. (Debrosse Zimmermann, Diandra) (Additional attachment(s) added on 9/2/2021: #1 Civil Cover Sheet) (mpp). |
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