Creech v. City of Wilson, North Carolina
Plaintiff: Charles W. Creech, Jr.
Defendant: City of Wilson, North Carolina
Case Number: 5:2019cv00070
Filed: February 27, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42:12101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2019 Opinion or Order TEXT ORDER. This matter comes now before the court upon defendants motion to dismiss. #8 . As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect. Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001) (internal quotations omitted); see also 6 Charles Alan Wright, et al., Fed. Prac. & Proc. 1476 (3d ed. 1998) (A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified.... Once an amended pleading is interposed, the original pleading no longer performs any function in the case). Where plaintiff amended his complaint as of right after defendant filed the instant motion, said motion, #8 , is DENIED as MOOT. Signed by District Judge Louise Wood Flanagan on 4/19/2019. (Collins, S.)
April 17, 2019 Filing 11 RESPONSE in Opposition regarding #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles W. Creech, Jr. (Brooks, Brennan)
April 17, 2019 Filing 10 AMENDED COMPLAINT and Jury Demand against City of Wilson, North Carolina, filed by Charles W. Creech, Jr. (Brooks, Brennan)
March 27, 2019 Opinion or Order TEXT ORDER - Where defendant has filed a motion to dismiss, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order regarding planning and scheduling. Unless a party raises objection to a stay of these activities, pending completion of briefing on the motion now at issue, and decision thereon by this court, in filing due within 14 days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendant's motion. Signed by District Judge Louise Wood Flanagan on 3/27/2019. (Collins, S.)
March 27, 2019 Filing 9 Memorandum in Support regarding #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Wilson, North Carolina. (Du Sablon, Gabriel)
March 27, 2019 Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Wilson, North Carolina. (Du Sablon, Gabriel)
March 26, 2019 Filing 7 Financial Disclosure Statement by City of Wilson, North Carolina (Du Sablon, Gabriel)
March 26, 2019 Filing 6 Notice of Appearance filed by James P. Cauley, III on behalf of City of Wilson, North Carolina. (Cauley, James)
March 26, 2019 Filing 5 Notice of Appearance filed by Gabriel Du Sablon on behalf of City of Wilson, North Carolina. (Du Sablon, Gabriel)
February 28, 2019 Filing 4 Summons Issued as to City of Wilson, North Carolina. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
February 27, 2019 Filing 3 Notice of Appearance filed by Brennan Tyler Brooks on behalf of Charles W. Creech, Jr. (Brooks, Brennan)
February 27, 2019 Filing 2 Financial Disclosure Statement by Charles W. Creech, Jr (Brooks, Brennan)
February 27, 2019 Filing 1 COMPLAINT and Jury Demand against City of Wilson, North Carolina ( Filing fee $ 400 receipt number 0417-4848663.), filed by Charles W. Creech, Jr. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Brooks, Brennan)

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Plaintiff: Charles W. Creech, Jr.
Represented By: Brennan Tyler Brooks
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Defendant: City of Wilson, North Carolina
Represented By: James P. Cauley, III
Represented By: Gabriel Du Sablon
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