Smith v. Parker, et al
Plaintiff: Jasman J. Smith
Defendant: Terri L. Parker, Town of Winterville and Winterville Town Council
Case Number: 4:2017cv00013
Filed: January 31, 2017
Court: US District Court for the Eastern District of North Carolina
Office: Eastern Division Office
County: PITT
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Employment
Cause of Action: 28 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 19, 2019 Opinion or Order Filing 96 AMENDED JUDGMENT - In accordance with the court's order entered November 15, 2019, and for the reasons set forth more specifically therein, that defendant's motion for summary judgment is granted, plaintiff's mo tion for summary judgment is denied, and plaintiff's motion to seal is granted. IT IS FURTHER ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered November 19, 2019, that plaintiff is DIRECTED to pay defendant costs an d expenses in the amount of $518.00 and attorneys' fees in the amount of $2,399.85, for a total award of $2,917.85, within 30 days of the date of the order entered November 19, 2019. Signed by Peter A. Moore, Jr., Clerk of Court on 11/19/2019. (Collins, S.)
November 15, 2019 Opinion or Order Filing 94 JUDGMENT - In accordance with the court's order entered November 15, 2019, and for the reasons set forth more specifically therein, that defendant's motion for summary judgment is granted, plaintiff's motion for summary judgment is denied, and plaintiff's motion to seal is granted. Signed by Peter A. Moore, Jr., Clerk of Court on 11/15/2019. (Collins, S.)
January 2, 2019 Opinion or Order Filing 69 ORDER granting in part and denying in part 61 Motion for Sanctions. The court ORDERS plaintiff to pay attorneys fees, costs, and expenses incurred by defendant related to defendant's motion to compel discovery and plai ntiff's October 11, 2018 deposition. Defendants are DIRECTED to file within seven days from the date of this order a declaration of costs and reasonable attorneys' fees incurred. Plaintiff shall have 14 days to respond. The court ORDERS the discovery and dispositive motions deadline to be extended to allow defendant time to conduct sufficient discovery in this matter. Accordingly, the parties have up to and including January 28, 2019 to complete plaintiff's deposition and to allow plaintiff to submit complete discovery responses. Dispositive motions shall be filed no later than February 27, 2019. The parties are afforded 14 days from the issuance of this order to show good cause if any exists to modify these court-ordered deadlines. The court LIFTS the stay of this case. Signed by District Judge Louise Wood Flanagan on 1/2/2019. (A certified copy of this Order was sent via US mail to Jasman J. Smith, P. O. Box 401, Greenville, NC 27835.) (Collins, S.)
December 5, 2017 Opinion or Order Filing 24 ORDER - The court GRANTS defendants' partial motion to dismiss [DE15], dismissing the following claims: 1) Claims based on violations of the ADA; 2) Claims based on discrimination due to pregnancy; 3) Claims for failure to promote; 4) Claims brought pursuant to § 1983; 5) Claims against defendant Parker; and 6) Claims against defendant Council. Such claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction and failure to state a claim, purs uant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Claims not subject to the motion to dismiss, asserted against defendant Winterville, for race-based discrimination based on disparate treatment, wrongful discharge, and retaliation in violation of Title VII remain. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 12/5/2017. (Collins, S.)
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Plaintiff: Jasman J. Smith
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Defendant: Terri L. Parker
Represented By: Katie Weaver Hartzog
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Defendant: Town of Winterville
Represented By: Katie Weaver Hartzog
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Defendant: Winterville Town Council
Represented By: Katie Weaver Hartzog
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