Thompson et al v. State of Delaware Department of Services for Children Youth and Families et al
Plaintiff: John Thompson and Debra Thompson
Defendant: Karryl McManus, Assistant Clerk Angela Porter, State of Delaware Department of Services for Children Youth and Families, Alison McGonigal and Josette Manning
Case Number: 1:2018cv01236
Filed: August 13, 2018
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Maryellen Noreika
Referring Judge: Mary Pat Thynge
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 26, 2020 Opinion or Order 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)
March 26, 2020 Motion No Longer Referred: #44 MOTION to Stay Litigation. (dlw)
March 25, 2020 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).
March 24, 2020 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).
March 10, 2020 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)
January 22, 2020 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)
January 9, 2020 Filing 40 MOTION REFERRED: #34 MOTION to Dismiss for Failure to State a Claim. Motion referred to The Honorable Mary Pat Thynge.(dlw)
December 12, 2019 CORRECTING ENTRY: D.I. 39 has been replaced on the docket with a corrected version. (dlw)
December 11, 2019 Filing 39 REQUEST for Oral Argument by Debra Thompson. (Goldberg, Robert) (Main Document 39 replaced on 12/12/2019) (dlw).
December 10, 2019 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)
November 20, 2019 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)
November 19, 2019 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).
November 4, 2019 Opinion or Order 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)
November 4, 2019 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)
October 22, 2019 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)
October 22, 2019 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)
October 7, 2019 Opinion or Order 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)
October 7, 2019 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).
September 26, 2019 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)
September 24, 2019 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).
September 5, 2019 Opinion or Order 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)
September 5, 2019 Filing 29 MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 9/5/2019. (dlw)
June 10, 2019 Filing 28 REPLY BRIEF re #21 MOTION for Partial Summary Judgment filed by Debra Thompson, John Thompson. (Battaglia, Victor)
May 30, 2019 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).
May 30, 2019 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)
May 20, 2019 Opinion or Order 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)
May 20, 2019 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)
May 15, 2019 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).
May 14, 2019 Opinion or Order 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)
May 14, 2019 CORRECTING ENTRY: D.I. 21 has been deleted from the docket and re-filed as two separate documents - motion and opening brief. (dlw)
May 8, 2019 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)
May 8, 2019 Filing 21 MOTION for Partial Summary Judgment - filed by Debra Thompson, John Thompson. (dlw)
January 28, 2019 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).
November 20, 2018 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).
November 15, 2018 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)
October 23, 2018 Opinion or Order 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)
October 23, 2018 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)
October 22, 2018 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)
October 3, 2018 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).
October 3, 2018 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).
October 3, 2018 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).
August 28, 2018 Opinion or Order 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)
August 22, 2018 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)
August 22, 2018 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)
August 22, 2018 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)
August 20, 2018 Filing 9 SUMMONS Returned Executed by Debra Thompson, John Thompson. Angela Porter served on 8/17/2018, answer due 9/7/2018. (Battaglia, Victor)
August 20, 2018 Filing 8 SUMMONS Returned Executed by Debra Thompson, John Thompson. Josette Manning served on 8/17/2018, answer due 9/7/2018. (Battaglia, Victor)
August 20, 2018 Filing 7 SUMMONS Returned Executed by Debra Thompson, John Thompson. Karryl McManus served on 8/17/2018, answer due 9/7/2018. (Battaglia, Victor)
August 20, 2018 Filing 6 SUMMONS Returned Executed by Debra Thompson, John Thompson. Alison McGonigal served on 8/17/2018, answer due 9/7/2018. (Battaglia, Victor)
August 20, 2018 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)
August 20, 2018 Filing 4 SUMMONS Returned Executed on August 17, 2018 as to The Honorable Matthew Denn. (Battaglia, Victor)
August 15, 2018 Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
August 13, 2018 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)
August 13, 2018 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)
August 13, 2018 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg)
August 13, 2018 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)

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Search for this case: Thompson et al v. State of Delaware Department of Services for Children Youth and Families et al
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Defendant: Karryl McManus
Represented By: Adria Benner Martinelli
Represented By: Joseph Clement Handlon
Represented By: Allison Jean McCowan
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Defendant: Assistant Clerk Angela Porter
Represented By: Adria Benner Martinelli
Represented By: Joseph Clement Handlon
Represented By: Allison Jean McCowan
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Defendant: State of Delaware Department of Services for Children Youth and Families
Represented By: Adria Benner Martinelli
Represented By: Joseph Clement Handlon
Represented By: Allison Jean McCowan
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Defendant: Alison McGonigal
Represented By: Adria Benner Martinelli
Represented By: Joseph Clement Handlon
Represented By: Allison Jean McCowan
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Defendant: Josette Manning
Represented By: Adria Benner Martinelli
Represented By: Joseph Clement Handlon
Represented By: Allison Jean McCowan
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Plaintiff: John Thompson
Represented By: Victor F. Battaglia, Sr.
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Plaintiff: Debra Thompson
Represented By: Victor F. Battaglia, Sr.
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