Miller v. Nash County Department of Social Services et al
| Diane Miller |
| Kimberly S. Nicholson and Nash County Department of Social Services |
| 5:2021cv00163 |
| April 7, 2021 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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Motion No Longer Referred: #17 Second MOTION for Extension of Time to File Response as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Motion Submitted to Chief US District Judge Richard E. Myers II. (Waddell, K.)
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Filing 19
Corrected Ex 1 - Proposed Amended Complaint regarding #15 MOTION for Leave to File Amended Complaint, filed by Diane Miller (Hill, M.)
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Filing 18
ORDER regarding #11 Order for Discovery Plan. The parties shall file a proposed discovery plan, or otherwise respond to the court's order, by no later than June 8, 2021. Signed by US Magistrate Judge Robert B. Jones, Jr. on 6/1/2021. (Waddell, K.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #17 Second MOTION for Extension of Time to File Response as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Waddell, K.)
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Notice to Counsel regarding: #15 Motion for Leave to File. The document attached as "Exhibit 1 - Proposed Amended Complaint" at DE 15-1 is not properly formatted, and the text is illegible when the document is opened. Counsel is directed to correct this deficiency and refile the document. (Waddell, K.)
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Filing 17
Second MOTION for Extension of Time to File Response as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Diane Miller. (Attachments: #1 Text of Proposed Order Proposed Order) (Hill, M.)
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Filing 16
Memorandum in Support regarding #15 MOTION for Leave to File Amended Complaint filed by Diane Miller. (Hill, M.)
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Filing 15
MOTION for Leave to File Amended Complaint filed by Diane Miller. (Attachments: #1 Exhibit 1 - Proposed Amended Complaint, #2 Exhibit 2 - Redlined Proposed Amended Complaint, #3 Text of Proposed Order Proposed Order) (Hill, M.)
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TEXT ORDER granting Plaintiff's Motion for Extension of Time #14 . For good cause shown and with the consent of Defendant, it is ordered that Plaintiff has up to and including May 28, 2021, within which to respond to the Motion to Dismiss #9 . Signed by Peter A. Moore, Jr., Clerk of Court on 5/3/2021. (Hockaday, A.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #14 First MOTION for Extension of Time to File Response as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Waddell, K.)
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Filing 14
First MOTION for Extension of Time to File Response as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Diane Miller. (Attachments: #1 Text of Proposed Order) (Hill, M.)
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. (Waddell, K.)
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Filing 13
Notice of Appearance filed by M. Brad Hill on behalf of All Plaintiffs. (Hill, M.)
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Filing 12
Certificate of Service, filed by Nash County Department of Social Services, Kimberly S. Nicholson regarding #10 Memorandum in Support, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Adams, Mary)
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Filing 11
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 4/13/2021. (Copy of Order sent to M. Brad Hill of Hill Law, PLLC at PO Box 3837, Cary, NC 27519 via US Mail.) (Waddell, K.)
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NOTICE OF DEFICIENCY regarding #9 Motion to Dismiss for Failure to State a Claim and #10 Memorandum in Support. Counsel did not specify the parties served, the method of service, or the date of service with this document pursuant to Section VI.B. of the CM/ECF Policies and Procedures Manual. Counsel is directed to file a supplemental document verifying service of these documents. (Waddell, K.)
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Filing 10
Memorandum in Support regarding #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nash County Department of Social Services, Kimberly S. Nicholson. (Adams, Mary)
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Filing 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nash County Department of Social Services, Kimberly S. Nicholson. (Adams, Mary)
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Filing 8
Order Redesignating Division to Western Division. The Honorable Richard E. Myers II, Chief United States District Judge, will remain the presiding judge. All future documents shall reflect the new case number of 5:21-CV-163-M. No further filing shall be made in 4:21-CV-43-M. Signed by Peter A. Moore, Jr., Clerk of Court on 4/8/2021. (Waddell, K.)
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Filing 7
Supplemental Cover Sheet, filed by Nash County Department of Social Services, Kimberly S. Nicholson regarding #1 Notice of Removal. (Adams, Mary)
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Filing 6
Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, M. Brad Hill of Hill Law, PLLC at PO Box 3837, Cary, NC 27519 mailed via US Mail on April 8, 2021. (Rudd, D.)
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Filing 5
Civil Cover Sheet filed by Nash County Department of Social Services, Kimberly S. Nicholson regarding #1 Notice of Removal. (Adams, Mary)
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Notice to Counsel - This case should have been filed in the Western division. The Clerk will enter a reassignment order correcting the error. (Rudd, D.)
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NOTICE OF DEFICIENCY regarding: #1 Notice of Removal. Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.)
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Notice to Counsel regarding: #3 Financial Disclosure Statement, #4 Financial Disclosure Statement, #5 Notice - other Civil Cover Sheet. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" the financial disclosure statements, the civil cover sheet prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. *No further action is needed. (Rudd, D.)
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NOTICE OF DEFICIENCY regarding #1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event Notice - Other. Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.)
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Case transferred in from Eastern Division Division on 04/08/2021; former Case Number: 4:21-cv-43. (Waddell, K.)
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Filing 4
Financial Disclosure Statement by Kimberly S. Nicholson (Adams, Mary)
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Filing 3
Financial Disclosure Statement by Nash County Department of Social Services (Adams, Mary)
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Filing 2
Notice of Appearance filed by Mary Craven Adams on behalf of Nash County Department of Social Services, Kimberly S. Nicholson. (Adams, Mary)
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Filing 1
NOTICE OF REMOVAL by Nash County Department of Social Services, Kimberly S. Nicholson from Nash County Superior Court, case number 20 CVS 1446. ( Filing fee $ 402 receipt number 0417-5974021), filed by Nash County Department of Social Services, Kimberly S. Nicholson. (Attachments: #1 Exhibit Attachment 1 - Notice of Filing of Notice of Removal, #2 Exhibit Complaint, #3 Exhibit Civil Summons issued to Nash County DSS and Kimberly S. Nicholson, #4 Exhibit Alias and Pluries Summons issued to Nash County DSS and Kimberly S. Nicholson, #5 Exhibit Alias and Pluries Summons issued to Nash County DSS and Kimberly S. Nicholson, #6 Exhibit General Civil Action Cover Sheet) (Adams, Mary)
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