Overington v. Fisher et al
Plaintiff: Kari Lynn Overington
Defendant: Levi Fisher, Jana Simpler and Nicole Majeski
Case Number: 1:2021cv01133
Filed: August 4, 2021
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2022 Opinion or Order Filing 21 First MOTION for Extension of Time to Amend Complaint - filed by Kari Lynn Overington. (Attachments: #1 Exhibit)(Bensing, Dwayne)
August 12, 2022 Opinion or Order Filing 20 ANSWER to #2 Complaint, by Levi Fisher, Nicole Majeski, Jana Simpler. (Attachments: #1 Exhibit 1, #2 Exhibit 2, # (30 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service)(Lees, George) Modified on 8/13/2022 (nms).
August 8, 2022 Opinion or Order Filing 19 ORDER: Amicus counsel is no longer necessary, Dwayne Bensing, Legal Director of ACLU Delaware having entered his appearance on behalf of Plaintiff on August 5, 2022. Signed by Judge Richard G. Andrews on 8/8/2022. (lak) (Main Document 19 replaced on 8/8/2022) (lak).
August 8, 2022 Opinion or Order CORRECTING ENTRY: D.I. #19 replaced to fix typographical error. (lak)
August 5, 2022 Opinion or Order Filing 18 NOTICE of Appearance by Dwayne Julian Bensing on behalf of Kari Lynn Overington (Bensing, Dwayne)
August 1, 2022 Opinion or Order Filing 17 ORDER: Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (D.I. #8 ) is DENIED. Plaintiff's motion to amend the complaint (D.I. #12 ) is GRANTED. The matter proceeds against Defendants in their official capacities. The Clerk's Office is directed to see whether a lawyer can be obtained to appear as an amicus supporting Plaintiff's position (see Order for further details). Signed by Judge Richard G. Andrews on 8/1/2022. (lak)
August 1, 2022 Opinion or Order Filing 16 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 8/1/2022. (lak)
January 21, 2022 Opinion or Order Filing 15 RESPONSE to #12 MOTION to Amend the Complaint, filed by Levi Fisher, Nicole Majeski, Jana Simpler. (Attachments: #1 Certificate of Service)(Lees, George) Modified on 1/21/2022 (nms).
January 21, 2022 Opinion or Order Filing 14 REPLY to #8 MOTION to Dismiss, filed by Levi Fisher, Nicole Majeski, Jana Simpler. (Attachments: #1 Certificate of Service)(Lees, George) Modified on 1/21/2022 (nms).
January 7, 2022 Opinion or Order CORRECTING ENTRY: Original DI 13 removed and re-uploaded in order to reflect correct event code and docket text. (twk)
January 6, 2022 Opinion or Order Filing 13 RESPONSE to #8 MOTION to Dismiss, filed by Kari Lynn Overington. (twk) Modified on 1/7/2022 (nms).
January 6, 2022 Opinion or Order Filing 12 MOTION to Amend the Complaint - filed by Kari Lynn Overington. (twk) Modified on 1/7/2022 (nms).
December 3, 2021 Opinion or Order Filing 11 ORDER: The Motion for Extension of Time (D.I. #9 ) is GRANTED. Plaintiff shall file her Answering Brief or response to the Motion to Dismiss by January 7, 2022, and Defendants shall file their Reply Brief by January 21, 2022. Signed by Judge Richard G. Andrews on 12/3/2021. (nms)
December 2, 2021 Opinion or Order Filing 10 RESPONSE to #9 MOTION for Extension of Time, filed by Levi Fisher, Nicole Majeski, Jana Simpler. (Lees, George) Modified on 12/2/2021 (nms).
December 2, 2021 Opinion or Order Filing 9 MOTION for Extension of Time - filed by Kari Lynn Overington. (mal) Modified on 12/2/2021 (nms).
November 22, 2021 Opinion or Order Set Answering Brief Deadline re #8 MOTION to Dismiss. Answering Brief/Response due date per Local Rules is 12/6/2021. (nms)
November 22, 2021 Opinion or Order Filing 8 MOTION to Dismiss - filed by Levi Fisher, Nicole Majeski, Jana Simpler. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Certificate of Service)(Lees, George) Modified on 11/22/2021 (nms).
September 22, 2021 Opinion or Order Filing 7 WAIVER OF SERVICE returned executed by Nicole Majeski, Jana Simpler, Levi Fisher: For Nicole Majeski waiver filed on 9/22/2021, answer due 11/22/2021; Jana Simpler waiver filed on 9/22/2021, answer due 11/22/2021; Levi Fisher waiver filed on 9/22/2021, answer due 11/22/2021. (Attachments: #1 Certificate of Service)(Lees, George)
September 22, 2021 Opinion or Order Filing 6 NOTICE of Appearance by George Thomas Lees, III on behalf of Levi Fisher, Nicole Majeski, Jana Simpler (Attachments: #1 Certificate of Service)(Lees, George)
August 20, 2021 Opinion or Order Filing 5 ACKNOWLEDGMENT OF RECEIPT for F.R.Civ.P. 4. Acknowledgment filed by Kari Lynn Overington. (kmd)
August 20, 2021 Opinion or Order Remark: Filing Fee Paid, $402, Receipt #DEX036080. (kmd)
August 11, 2021 Opinion or Order Filing 4 ORDER: The Motion for Leave to Proceed in forma pauperis (D.I. #1 ) is DENIED. The plaintiff shall pay the $402.00 filing fee within thirty days from the date this order is sent, or the case shall be dismissed. Signed by Judge Richard G. Andrews on 8/11/2021. (nms)
August 11, 2021 Opinion or Order Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
August 4, 2021 Opinion or Order Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr)
August 4, 2021 Opinion or Order Filing 2 COMPLAINT filed Pro Se against Levi Fisher, Nicole Majeski, Jana Simpler (No Fee Paid, IFP Provided)- filed by Kari Lynn Overington. (Attachments: #1 Acknowledgement of Consent Form, #2 Civil Cover Sheet)(myr)
August 4, 2021 Opinion or Order Filing 1 MOTION for Leave to Proceed in forma pauperis - filed by Kari Lynn Overington. (myr) (Main Document 1 replaced on 8/4/2021) (myr).

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Plaintiff: Kari Lynn Overington
Represented By: Dwayne Julian Bensing
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Defendant: Levi Fisher
Represented By: George Thomas Lees, III
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Defendant: Jana Simpler
Represented By: George Thomas Lees, III
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Defendant: Nicole Majeski
Represented By: George Thomas Lees, III
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