Wake County Board of Education v. D.M. et al
| Wake County Board of Education |
| J.M., D.M. and G.M. |
| 5:2021cv00409 |
| October 6, 2021 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Louise Wood Flanagan |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 20 U.S.C. § 1400 |
| None |
Docket Report
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This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.
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TEXT ORDER - This matter comes now before the court upon defendants' motion to dismiss. DE #10 . 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 its complaint as of right after defendants filed the instant motion, said motion, DE #10 , is DENIED as MOOT. Signed by District Judge Louise Wood Flanagan on 12/2/2021. (Collins, S.)
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Filing 12
AMENDED COMPLAINT against D.M., G.M., J.M., filed by Wake County Board of Education. (Attachments: #1 Amended Complaint - redline version, #2 Exhibit A - Final Decision of ALJ, #3 Exhibit B - Appeal Response) (Noland, David) Modified on 12/1/2021 (Collins, S.).
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TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendants have filed a motion to dismiss, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motion filed 11/4/21. Signed by District Judge Louise Wood Flanagan on 11/8/2021. (Collins, S.)
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Notice to Counsel regarding: #10 Motion to Dismiss, #11 Memorandum in Support. In future filings, counsel should indicate the division in accordance with Local Civil Rule 10.1(b) and 40.1(b) and (c). In addition, the case number should include the judge designation and should read 5:21-cv-409-FL. (Collins, S.)
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Filing 11
Memorandum in Support regarding #10 MOTION to Dismiss filed by D.M., G.M., J.M.. (Gahagan, Stacey)
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Filing 10
MOTION to Dismiss filed by D.M., G.M., J.M.. (Gahagan, Stacey)
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Filing 9
Financial Disclosure Statement by D.M., G.M., J.M. (Gahagan, Stacey)
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Filing 8
Financial Disclosure Statement by D.M., G.M., J.M. (Gahagan, Stacey)
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Filing 7
Notice of Appearance filed by Stacey Marlise Gahagan on behalf of D.M., G.M., J.M.. (Gahagan, Stacey)
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TEXT ORDER REASSIGNING CASE. At the direction of the Court and for the efficient administration of justice, this case is reassigned to United States District Judge Louise Wood Flanagan for all further proceedings. United States District Judge Terrence W. Boyle is no longer assigned to the case. All future filings should reflect the revised case number of 5:21-CV-409-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 10/8/2021. (Hockaday, A.)
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Filing 6
Notice filed by Wake County Board of Education . (Rawson, Stephen)
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Filing 5
Summons Issued as to G.M., by and through her parents J.M. and D.M. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
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NOTICE OF DEFICIENCY regarding #1 Complaint - 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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Filing 4
Notice of Appearance filed by David B. Noland on behalf of Wake County Board of Education. (Noland, David)
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Filing 3
Financial Disclosure Statement by Wake County Board of Education (Rawson, Stephen)
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Filing 2
Notice of Appearance filed by Stephen G. Rawson on behalf of Wake County Board of Education. (Rawson, Stephen)
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Filing 1
COMPLAINT against J.M., D.M and G.M. ( Filing fee $ 402 receipt number 0417-6264569.), filed by Wake County Board of Education. (Attachments: #1 Proposed Summons, #2 Exhibit A - Final Decision of ALJ, #3 Exhibit B - Appeal Response) (Rawson, Stephen) Modified on 10/22/2021 to revise docket text. (Collins, S.).
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