Thompson et al v. State of Delaware Department of Services for Children Youth and Families et al
| John Thompson and Debra Thompson |
| Karryl McManus, Assistant Clerk Angela Porter, State of Delaware Department of Services for Children Youth and Families, Alison McGonigal and Josette Manning |
| 1:2018cv01236 |
| August 13, 2018 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| Maryellen Noreika |
| Mary Pat Thynge |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 45
ORDER GRANTING #44 Motion to Stay - IT IS HEREBY ORDERED that all deadlines in this case are STAYED until 5/15/2020 or until the date the Fifth Modification of the Declaration of a State of Emergency is lifted, whichever is sooner. Signed by Judge Maryellen Noreika on 3/26/2020. (dlw)
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| Motion No Longer Referred: #44 MOTION to Stay Litigation. (dlw) |
| Filing 44 MOTION to Stay Litigation - filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Attachments: #1 Proposed Order, #2 Exhibit A - Certification)Motions referred to Mary Pat Thynge.(McCowan, Allison) Modified on 3/26/2020 (dlw). |
| Filing 43 OBJECTION to #42 Report and Recommendations of the Magistrate Dated March 10, 2020 by Debra Thompson, John Thompson. (Attachments: #1 Certificate of Compliance That Objections Do Not Raise New Legal or Factual Arguments)(Goldberg, Robert) Modified on 3/24/2020 (dlw). |
| Filing 42 REPORT AND RECOMMENDATIONS re #34 MOTION to Dismiss for Failure to State a Claim filed by Angela Porter, Karryl McManus, Josette Manning, Alison McGonigal, State of Delaware Department of Services for Children Youth and Families. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 3/24/2020. Signed by Judge Mary Pat Thynge on 3/10/20. (cak) |
| Filing 41 NOTICE OF SUBSTITUTION OF COUNSEL re Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families: Entry of appearance of attorney Allison Jean McCowan. Attorney Adria B. Martinelli terminated. (McCowan, Allison) |
| Filing 40 MOTION REFERRED: #34 MOTION to Dismiss for Failure to State a Claim. Motion referred to The Honorable Mary Pat Thynge.(dlw) |
| CORRECTING ENTRY: D.I. 39 has been replaced on the docket with a corrected version. (dlw) |
| Filing 39 REQUEST for Oral Argument by Debra Thompson. (Goldberg, Robert) (Main Document 39 replaced on 12/12/2019) (dlw). |
| Filing 38 REPLY to Response to Motion re #34 MOTION to Dismiss for Failure to State a Claim filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Martinelli, Adria) |
| CORRECTING ENTRY: D.I. 37 has been replaced on the docket with a version of the brief that complies with Judge Noreika's Updated Preferences and Procedures. All cites now appear in the body of the text and not in footnotes. (dlw) |
| Filing 37 ANSWERING BRIEF in Opposition re #34 MOTION to Dismiss for Failure to State a Claim filed by Debra Thompson, John Thompson.Reply Brief due date per Local Rules is 11/26/2019. (Goldberg, Robert) (Main Document 37 replaced on 11/20/2019) (dlw). |
| Filing 36 STIPULATION TO EXTEND TIME Plaintiff's Answering Brief to Defendants' Motion to Dismiss and Defendants' Reply to November 19, 2019 and December 10, 2019 - filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Martinelli, Adria) |
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SO ORDERED re #36 STIPULATION TO EXTEND TIME - Plaintiff's Answering Brief to Defendants' Motion to Dismiss and Defendants' Reply to November 19, 2019 and December 10, 2019 (Set Briefing Schedule: re #34 MOTION to Dismiss for Failure to State a Claim - Answering Brief due 11/19/2019. Reply Brief due 12/10/2019). ORDERED by Judge Maryellen Noreika on 11/4/2019. (dlw)
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| Filing 35 OPENING BRIEF in Support re #34 MOTION to Dismiss for Failure to State a Claim filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families.Answering Brief/Response due date per Local Rules is 11/5/2019. (Martinelli, Adria) |
| Filing 34 MOTION to Dismiss for Failure to State a Claim - filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Martinelli, Adria) |
| Filing 33 STIPULATION TO EXTEND TIME for Defendant to file a Responsive Pleading to October 22, 2019 - filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Martinelli, Adria) Modified on 10/7/2019 (dlw). |
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SO ORDERED re #33 STIPULATION TO EXTEND TIME for Defendant to file a Responsive Pleading to October 22, 2019 (Set/Reset Answer Deadlines: Josette Manning answer due 10/22/2019; Alison McGonigal answer due 10/22/2019; Karryl McManus answer due 10/22/2019; Angela Porter answer due 10/22/2019; State of Delaware Department of Services for Children Youth and Families answer due 10/22/2019). ORDERED by Judge Maryellen Noreika on 10/7/2019. (dlw)
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| Filing 32 MOTION for Joseph C. Handlon to Withdraw as Attorney - filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Handlon, Joseph) |
| Filing 31 First AMENDED COMPLAINT against All Defendants - filed by Debra Thompson. (Attachments: #1 Amended Complaint Redlined First Amended Complaint)(Battaglia, Victor) Modified on 9/24/2019 (dlw). |
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Filing 30
ORDER #29 Memorandum Opinion GRANTING-IN-PART and DENYING-IN-PART #13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter; MOTION for Summary Judgment and DENYING #21 MOTION for Partial Summary Judgment. On or before 9/26/2019 Plaintiffs may file an Amended Complaint to correct the deficiencies outlined in the Memorandum Opinion. SEE ORDER FOR FURTHER AND COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 9/5/2019. (dlw)
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| Filing 29 MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 9/5/2019. (dlw) |
| Filing 28 REPLY BRIEF re #21 MOTION for Partial Summary Judgment filed by Debra Thompson, John Thompson. (Battaglia, Victor) |
| Filing 27 Defendants' Response to #24 Plaintiff's Concise Statement of Fact by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Martinelli, Adria) Modified on 5/31/2019 (dlw). |
| Filing 26 RESPONSE to Motion re #21 MOTION for Partial Summary Judgment filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Martinelli, Adria) |
| Filing 25 STIPULATION TO EXTEND TIME Defendants' Response to Plaintiffs' Answering Brief and Response to Plaintiffs' Concise Statement of Facts as well as Plaintiffs' Reply to May 30, 2019 and June 10, 2010 - filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Martinelli, Adria) |
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SO ORDERED re #25 STIPULATION TO EXTEND TIME for Defendants' Response to Plaintiffs' Answering Brief and Response to Plaintiffs' Concise Statement of Facts as well as Plaintiffs' Reply to May 30, 2019 and June 10, 2010 (Set Briefing Schedule: re #21 MOTION for Partial Summary Judgment - Answering Brief due 5/30/2019, Reply Brief due 6/10/2019). ORDERED by Judge Maryellen Noreika on 5/20/2019. (dlw)
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| Filing 24 Plaintiff's Concise Statement of Facts re #21 MOTION for Partial Summary Judgment by Debra Thompson, John Thompson. (Goldberg, Robert) Modified on 5/16/2019 (dlw). |
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Filing 23
ORAL ORDER - IT IS HEREBY ORDERED that on or before 5/15/2019, Plaintiffs shall file the requisite "Concise Statement of Facts" required by Judge Noreika with all summary judgment motions. See Judge Noreika's form scheduling order for details. The Concise Statement of Facts shall be filed using the "Statement" event code. ORDERED by Judge Maryellen Noreika on 5/14/2019. (dlw)
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| CORRECTING ENTRY: D.I. 21 has been deleted from the docket and re-filed as two separate documents - motion and opening brief. (dlw) |
| Filing 22 OPENING BRIEF in Support re #21 MOTION for Partial Summary Judgment filed by Debra Thompson, John Thompson. Answering Brief/Response due date per Local Rules is 5/22/2019. (dlw) |
| Filing 21 MOTION for Partial Summary Judgment - filed by Debra Thompson, John Thompson. (dlw) |
| Filing 20 AFFIDAVIT of Debra R. Thompson re #16 Answering Brief in Opposition With Additions Made to Prior Affidavit filed by Debra Thompson, John Thompson. (Battaglia, Victor) Modified on 1/28/2019 (dlw). |
| Filing 19 REQUEST for Oral Argument by Debra Thompson, John Thompson re #13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION for Summary Judgment, #18 Reply Brief (Battaglia, Victor) Modified on 11/20/2018 (ceg). |
| Filing 18 REPLY BRIEF re #13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION for Summary Judgment filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Handlon, Joseph) |
| Filing 17 STIPULATION TO EXTEND TIME to extend Defendants' Reply deadline to November 15, 2018 - filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Handlon, Joseph) |
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SO ORDERED re #17 STIPULATION TO EXTEND TIME to extend Defendants' Reply deadline to November 15, 2018 (Set Briefing Schedule: re #13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION for Summary Judgment - Reply Brief due 11/15/2018). ORDERED by Judge Maryellen Noreika on 10/23/2018. (dlw)
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| Filing 16 ANSWERING BRIEF in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION for Summary Judgment filed by Debra Thompson, John Thompson.Reply Brief due date per Local Rules is 10/29/2018. (Attachments: #1 Affidavit of Debra Thompson)(Battaglia, Victor) |
| Filing 15 DECLARATION of Alison McGonigal re #14 Opening Brief in Support, by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Attachments: #1 Exhibit A - MERB Decision, #2 Exhibit B - June 5, 2017 Memo, #3 Exhibit C - Personnel Transaction Form, #4 Exhibit D - CBA, #5 Exhibit E - April 24, 2018 Decision, #6 Exhibit F - Notice of Termination)(Handlon, Joseph) Modified on 10/3/2018 (dlw). |
| Filing 14 OPENING BRIEF in Support re #13 Combined MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and MOTION for Summary Judgment filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families.Answering Brief/Response due date per Local Rules is 10/17/2018. (Handlon, Joseph) Modified on 10/3/2018 (dlw). |
| Filing 13 Combined MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and MOTION for Summary Judgment - filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Handlon, Joseph) Modified on 10/3/2018 (dlw). |
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SO ORDERED, re #12 STIPULATION TO EXTEND TIME of Responsive Pleading filing to 10/04/2018 (Set/Reset Answer Deadlines: Josette Manning answer due 10/4/2018; Alison McGonigal answer due 10/4/2018; Karryl McManus answer due 10/4/2018; Angela Porter answer due 10/4/2018; State of Delaware Department of Services for Children Youth and Families answer due 10/4/2018). Signed by Judge Maryellen Noreika on 8/27/2018. (dlw)
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| Filing 12 STIPULATION TO EXTEND TIME of Responsive Pleading filing to 10/04/2018 - filed by Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families. (Martinelli, Adria) |
| Filing 11 NOTICE of Appearance by Adria Benner Martinelli on behalf of Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families (Martinelli, Adria) |
| Filing 10 NOTICE of Appearance by Joseph Clement Handlon on behalf of Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families (Handlon, Joseph) |
| Filing 9 SUMMONS Returned Executed by Debra Thompson, John Thompson. Angela Porter served on 8/17/2018, answer due 9/7/2018. (Battaglia, Victor) |
| Filing 8 SUMMONS Returned Executed by Debra Thompson, John Thompson. Josette Manning served on 8/17/2018, answer due 9/7/2018. (Battaglia, Victor) |
| Filing 7 SUMMONS Returned Executed by Debra Thompson, John Thompson. Karryl McManus served on 8/17/2018, answer due 9/7/2018. (Battaglia, Victor) |
| Filing 6 SUMMONS Returned Executed by Debra Thompson, John Thompson. Alison McGonigal served on 8/17/2018, answer due 9/7/2018. (Battaglia, Victor) |
| Filing 5 SUMMONS Returned Executed by Debra Thompson, John Thompson. State of Delaware Department of Services for Children Youth and Families served on 8/17/2018, answer due 9/7/2018. (Battaglia, Victor) |
| Filing 4 SUMMONS Returned Executed on August 17, 2018 as to The Honorable Matthew Denn. (Battaglia, Victor) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 3 CERTIFICATE OF SERVICE that one copy of Plaintiff's Complaint was served by Process Server, O'Rourke Investigative Associates, Inc., to The Honorable Matthew Denn, filed by Debra Thompson, John Thompson (ceg) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg) |
| Filing 1 COMPLAINT filed with Jury Demand against Josette Manning, Alison McGonigal, Karryl McManus, Angela Porter, State of Delaware Department of Services for Children Youth and Families - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2438379.) - filed by Debra Thompson, John Thompson. (Attachments: #1 Civil Cover Sheet)(ceg) |
| Summons Issued with Magistrate Consent Notice attached as to Josette Manning on 8/13/2018; Alison McGonigal on 8/13/2018; Karryl McManus on 8/13/2018; Angela Porter on 8/13/2018; State of Delaware Department of Services for Children Youth and Families on 8/13/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (ceg) |
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