DeWeese-Boyd v. Gordon College et al
| Margaret DeWeese-Boyd |
| Gordon College, D. Michael Lindsay, Janel Curry, Herman Smith and Myron Ullman III |
| 1:2022cv10323 |
| February 25, 2022 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| Both |
Docket Report
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| Document Text |
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| Filing 44 ELECTRONIC NOTICE Canceling Hearing: In light of the Stipulation of Dismissal, the Status Conference set for 2/1/2023 is cancelled. (Kelly, Danielle) |
| Filing 43 STIPULATION of Dismissal by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith. (Davis, Benjamin) |
| Filing 42 STIPULATION of Dismissal of Defendant Myron Ullman III by Margaret DeWeese-Boyd. (Schwab, Hillary) |
| Filing 41 Judge Indira Talwani: ORDER entered. AMENDED SCHEDULING ORDER. Please see attached. (Kelly, Danielle) |
| Filing 40 Judge Indira Talwani: ELECTRONIC ORDER granting #39 Joint Motion to Amend #36 Scheduling Order. (Kelly, Danielle) |
| Filing 39 Joint MOTION to Amend #36 Scheduling Order, Terminate Motions by Margaret DeWeese-Boyd. (Attachments: #1 Exhibit 1 - Proposed Amended Scheduling Order)(Schwab, Hillary) |
| Filing 38 Judge Indira Talwani: ELECTRONIC ORDER granting Joint Motion for Order to Enter Confidentiality Order and Stipulated Protocol and Order Governing Discovery #37 . The court adopts as an order of this court the Confidentiality Order [37-1] and the Stipulated Protocol and Order Governing Discovery [37-2].Notwithstanding this order, any motion requesting leave of court to file materials under seal must include a particularized showing for the need for impoundment. The court is guided in this regard by First Circuit precedent and Local Rule 7.2. Because the public has a "presumptive" right of access to judicial documents, United States v. Kravetz, 706 F.3d 47, 59 (1st Cir. 2013) (citing Siedle v. Putnam Invs., Inc., 147 F.3d 7, 10 (1st Cir. 1998)), "'only the most compelling reasons can justify non-disclosure of judicial records that come within the scope of the common-law right of access.'" Id. (quoting In re Providence Journal Co., 293 F.3d 1, 10 (1st Cir. 2002)). The burden is thus on the impoundment-seeking party to show that impoundment will not violate the public's presumptive right of access. See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003) ("A party asserting good cause bears the burden, for each particular document it seeks to protect, of showing that specific prejudice or harm will result if no protective order is granted."); Miller v. City of Bos., 549 F. Supp. 2d 140, 141 (D. Mass. 2008) ("The proponent of a Protective Order bears the burden of establishing 'good cause' for its continuation" (internal citation omitted)). For that reason, when seeking to file under seal any confidential information, a party must show this court good cause for the impoundment. See Kravetz, 706 F.3d at 60. (Kelly, Danielle) |
| Filing 37 Joint MOTION for Order to Joint Motion to Enter Confidentiality Order and ESI Protocol by Gordon College.(Davis, Benjamin) (Additional attachment(s) added on 8/15/2022: #1 Exhibit 1, #2 Exhibit 2) (Kelly, Danielle). (Main Document 37 replaced on 8/15/2022) (Kelly, Danielle). |
| Filing 36 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please see attached. (Kelly, Danielle) |
| Filing 35 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 7/21/2022. Case called. Court had colloquy with counsel. Parties to jointly report to clerk any request for ADR. Proposed dates adopted. Depositions will be counted by the person, not by the event. A proposed order may be filed. Any motions for protective order from the state court case must be refiled. Discovery to be completed by 1/31/2023, Status Conference set for 2/1/2023 02:30 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. Scheduling Order to follow. The Status Conference will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Hillary A. Schwab, Ashley B. Abel, Benjamin R. Davis) (MacDonald, Gail) |
| Filing 34 JOINT STATEMENT re scheduling conference . (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Schwab, Hillary) |
| Filing 33 ANSWER to Complaint with Jury Demand by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III.(Abel, Ashley) |
| Filing 30 SEE attached NOTICE of Scheduling Conference. Scheduling Conference set for 7/21/2022 03:00 PM in Courtroom 9 (Remote only) before Judge Indira Talwani.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (MacDonald, Gail) |
| Filing 29 Judge Indira Talwani: ELECTRONIC ORDER granting #28 Motion to Withdraw #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Kelly, Danielle) |
| Filing 28 MOTION to Withdraw #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III.(Abel, Ashley) |
| Filing 32 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) |
| Filing 31 Transcript of Video Hearing held on June 13, 2022, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net. Redaction Request due 7/6/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/13/2022. (Coppola, Katelyn) |
| Filing 27 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 6/13/2022 re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Herman Smith, Gordon College, Janel Curry, Myron Ullman III, D. Michael Lindsay. Case called. Court heard argument from counsel. Motion taken under advisement. Response to Motion to Dismiss remains stayed. Counsel shall submit joint notice as to how to proceed, including proposed dates. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Attorneys present: Hillary A. Schwab, Ashley B. Abel) (MacDonald, Gail) |
| Filing 26 MEMORANDUM in Opposition re #19 Emergency MOTION to Exclude Exhibits to Defendants' Motion to Dismiss, to Deny Motion, and to Stay Briefing on Motion to Dismiss re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III. (Abel, Ashley) |
| Filing 25 Judge Indira Talwani: ELECTRONIC ORDER granting in part Plaintiffs Emergency Motion #19 . After review of Defendants Opposition #24 responding to the part of Plaintiffs Emergency Motion #19 asking the court to stay briefing, the court finds the requested stay of briefing on Defendants Motion to Dismiss #16 warranted to allow the balance of Plaintiffs Emergency Motion to be addressed in the regular course. Accordingly, Plaintiffs time to respond to Defendants Motion to Dismiss #16 is stayed pending further order of the court. Defendants Opposition to the balance of Plaintiffs Emergency Motion #19 shall be filed on a non-emergency basis, on or before April 15, 2022. (Kelly, Danielle) |
| Filing 24 Opposition re #19 Emergency MOTION to Exclude Exhibits to Defendants' Motion to Dismiss, to Deny Motion, and to Stay Briefing on Motion to Dismiss re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III. (Davis, Benjamin) |
| Filing 23 Judge Indira Talwani: ELECTRONIC ORDER entered. Plaintiff's Emergency Motion #19 requests, inter alia, that the court stay briefing on Defendants' Motion to Dismiss #16 . No later than 5:00 p.m. on April 8, 2022, Defendants shall file their response to the request to stay briefing on Defendants' Motion to Dismiss pending resolution of the balance of Plaintiff's Emergency Motion #19 .(Talwani, Indira) |
| Filing 22 Judge Indira Talwani: ELECTRONIC ORDER entered granting #20 Assented-to Motion for Extension of Time to File Opposition to Defendant's #16 Motion to Dismiss. (Talwani, Indira) |
| Filing 21 ELECTRONIC NOTICE Setting Hearing on Motion #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: The Scheduling Conference set for 5/9/2022, is canceled. Motion Hearing set for 6/13/2022 02:45 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 20 Assented to MOTION for Extension of Time to April 29, 2022 to File Response/Reply as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Margaret DeWeese-Boyd.(Schwab, Hillary) |
| Filing 19 Emergency MOTION to Exclude Exhibits to Defendants' Motion to Dismiss, to Deny Motion, and to Stay Briefing on Motion to Dismiss re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Margaret DeWeese-Boyd. (Attachments: #1 Affidavit of Hillary Schwab, Esq., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Schwab, Hillary) |
| Filing 18 ELECTRONIC NOTICE OF RESCHEDULING. Scheduling Conference set for 04/14/2022 is RESET for 5/9/2022 03:15 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 17 MEMORANDUM in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III. (Davis, Benjamin) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III. (Attachments: #1 Ex. A - Gordon Colleges By-Laws, #2 Ex. B - Gordon Colleges Administrative/Faculty Handbook, October 2016, #3 Ex. C - Gordon Colleges Administrative/Faculty Handbook, May 2018)(Davis, Benjamin) (Additional attachment(s) added on 3/28/2022: #4 Exhibit D) (Kelly, Danielle). (Main Document 16 replaced on 3/28/2022) (Kelly, Danielle). |
| Filing 15 STATE COURT Record. (Attachments: #1 Part 2 -state court record, #2 Part 3 - state court record)(Davis, Benjamin) (Main Document 15 replaced on 3/24/2022) (Kelly, Danielle). (Attachment 1 replaced on 3/24/2022) (Kelly, Danielle). Modified on 3/24/2022: Removed blank pages from documents (Kelly, Danielle). |
| Filing 14 Judge Indira Talwani: ELECTRONIC ORDER allowing #12 Assented to MOTION for Extension of Time to 3/25/22 to File Answer. (Dore, Samantha) |
| Filing 13 Judge Indira Talwani: ELECTRONIC ORDER granting #11 Assented to Motion for Leave to File Excess Pages. Defendants may file a memorandum of law of no more than thirty-five pages. The memorandum shall comply with the requirements set forth in this session's Standing Order Regarding Motion Practice. For each cause of action in the First Amended Complaint that Defendants seek to dismiss, the memorandum shall identify whether the cause of action was also included in the original complaint; and if so, shall identify each prior court order addressing any substantive motions concerning the cause of action. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Dore, Samantha) Modified on 3/18/2022: Updated text. (Dore, Samantha). |
| Filing 12 Assented to MOTION for Extension of Time to 3/25/22 to File Answer by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III.(Davis, Benjamin) |
| Filing 11 Assented to MOTION for Leave to File Excess Pages by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III.(Davis, Benjamin) |
| Filing 10 Judge Indira Talwani: ELECTRONIC ORDER entered granting #9 Motion for Leave to Appear Pro Hac Vice Added Ashley B. Abel. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Dore, Samantha) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of Ashley B. Abel Filing fee: $ 100, receipt number AMADC-9211722 by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III. (Attachments: #1 Exhibit A)(Davis, Benjamin) |
| Filing 8 APPENDIX/EXHIBIT re #1 Notice of Removal, by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III. (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Benjamin) |
| Filing 7 Judge Indira Talwani: ELECTRONIC ORDER granting #6 Assented-to Motion for Enlargement of Time to Respond to First Amended Complaint. Defendant response to Plaintiff's First Amended Complaint shall be filed no later than March 18, 2022. (Dore, Samantha) |
| Filing 6 Assented to MOTION for Extension of Time to March 18, 2022 to File Response to First Amended Complaint by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III. (Attachments: #1 Exhibit A)(Davis, Benjamin) (Main Document 6 replaced on 3/2/2022) (Dore, Samantha). (Attachment 1 replaced on 3/2/2022) (Dore, Samantha). Modified on 3/2/2022: Documents were replaced due to docketing error. (Dore, Samantha). |
| Filing 5 Judge Indira Talwani: ELECTRONIC ORDER directing Defendants to file an appendix to their Notice of Removal consisting of: (1) a copy of the operative complaint; (2) any response pleading; and (3) a table of contents for Parts 1 4 of Exhibit A to the Notice of Removal [1-1], [1-2], [1-3], [1-4], identifying each separate document by title and its ECF generated page number. (Dore, Samantha) |
| Filing 4 SEE ATTACHED NOTICE of Scheduling Conference. Scheduling Conference set for 4/14/2022 02:45 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Geraldino-Karasek, Clarilde) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by Janel Curry, Gordon College, D. Michael Lindsay, Herman Smith, Myron Ullman III ( Filing fee: $ 402, receipt number AMADC-9201412 Fee Status: Filing Fee paid) (Attachments: #1 Ex. A - part 1, #2 Ex. A - part 2, #3 Ex. A - part 3, #4 Ex. A - part 4, #5 Civil Cover Sheet, #6 Category Form)(Davis, Benjamin) |
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