Montgomery v. Johnston County Department of Social Services et al
Plaintiff: Carrie Montgomery
Defendant: Johnston County Department of Social Services, North Carolina Department of Health and Human Services, Elizabeth Wilson, Chandler Watson, Tabitha Hardin, Allan DeLaine and Johnston County
Case Number: 5:2023cv00041
Filed: January 30, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1981 Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2023 Opinion or Order Filing 36 REPLY to Response to Motion regarding #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION filed by Tabitha Hardin, Johnston County Department of Social Services, Chandler Watson, Elizabeth Wilson. (Perrin, Sean)
March 13, 2023 Opinion or Order Filing 35 RESPONSE in Opposition regarding #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION, #26 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction, #33 MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Carrie Montgomery. (Collins, S.)
March 9, 2023 Opinion or Order Filing 34 Memorandum in Support regarding #33 MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Johnston County. (Perrin, Sean)
March 9, 2023 Opinion or Order Filing 33 MOTION to Dismiss for Lack of Jurisdiction and, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Johnston County. (Perrin, Sean)
March 9, 2023 Opinion or Order Filing 32 Notice of Appearance filed by Sean F. Perrin on behalf of Johnston County. (Perrin, Sean)
March 7, 2023 Opinion or Order Filing 31 Affidavit of Service for Summons and Complaint served on Johnston County on 3/1/23. (Collins, S.)
March 1, 2023 Opinion or Order Filing 30 ORDER finding as moot #23 Motion for Extension of Time to Answer regarding #1 Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 3/1/2023. (Collins, S.) Modified on 3/1/2023 to indicate that a copy of this Order was sent via US mail to Carrie Montgomery at 74 Forest Glade Ct., Clayton, NC 27527(Collins, S.).
March 1, 2023 Opinion or Order Filing 29 Summons Reissued as to Johnston County Department of Social Services. (Collins, S.)
March 1, 2023 Opinion or Order Filing 28 Rule 12 Letter Issued to Carrie Montgomery as to #26 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction. Response due by 3/24/2023. (Collins, S.)
March 1, 2023 Opinion or Order Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #23 First MOTION for Extension of Time to File Answer regarding #1 Complaint. (Collins, S.)
February 28, 2023 Opinion or Order Filing 27 Memorandum in Support regarding #26 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction filed by North Carolina Department of Health and Human Services. (Schaeffer, John)
February 28, 2023 Opinion or Order Filing 26 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , First MOTION to Dismiss for Lack of Jurisdiction filed by North Carolina Department of Health and Human Services. (Schaeffer, John)
February 27, 2023 Opinion or Order Filing 25 Proposed Order Amended by North Carolina Department of Health and Human Services (Schaeffer, John) Modified on 3/1/2023 (Collins, S.).
February 27, 2023 Opinion or Order Filing 24 Proposed Order for Motion for Extension of Time by North Carolina Department of Health and Human Services (Schaeffer, John) Modified on 3/1/2023 (Collins, S.).
February 27, 2023 Opinion or Order Filing 23 First MOTION for Extension of Time to File Answer regarding #1 Complaint filed by North Carolina Department of Health and Human Services. (Schaeffer, John)
February 27, 2023 Opinion or Order Filing 22 Financial Disclosure Statement by North Carolina Department of Health and Human Services (Schaeffer, John)
February 27, 2023 Opinion or Order Filing 21 Notice of Appearance filed by John Howard Schaeffer on behalf of North Carolina Department of Health and Human Services. (Schaeffer, John)
February 24, 2023 Opinion or Order Filing 20 RESPONSE in Opposition regarding #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Attorney's Fees and Costs filed by Carrie Montgomery. (Attachments: #1 Exhibit Copy of Johnston County Order) (Collins, S.)
February 21, 2023 Opinion or Order Filing 19 MOTION to Appoint Counsel filed by Carrie Montgomery. (Collins, S.)
February 21, 2023 Opinion or Order Filing 18 Rule 12 Letter Issued to Carrie Montgomery as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION. Response due by 3/16/2023. (Collins, S.)
February 20, 2023 Opinion or Order Filing 17 Memorandum in Support regarding #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION filed by Tabitha Hardin, Johnston County Department of Social Services, Chandler Watson, Elizabeth Wilson. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Perrin, Sean)
February 20, 2023 Opinion or Order Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION filed by Tabitha Hardin, Johnston County Department of Social Services, Chandler Watson, Elizabeth Wilson. (Perrin, Sean)
February 20, 2023 Opinion or Order Filing 15 Notice of Appearance filed by Sean F. Perrin on behalf of Tabitha Hardin, Johnston County Department of Social Services, Chandler Watson, Elizabeth Wilson. (Perrin, Sean)
February 15, 2023 Opinion or Order Filing 14 Rule 12 Letter Issued to Carrie Montgomery as to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Attorney's Fees and Costs. Response due by 3/11/2023. (Collins, S.)
February 15, 2023 Opinion or Order Filing 8 Memorandum in Support regarding #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Attorney's Fees and Costs filed by Allan DeLaine. (Schmidlin, Walter)
February 15, 2023 Opinion or Order Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Attorney's Fees and Costs filed by Allan DeLaine. (Schmidlin, Walter)
February 15, 2023 Opinion or Order Filing 5 Notice of Appearance filed by Walter A. Schmidlin, III on behalf of Allan DeLaine. (Schmidlin, Walter)
February 14, 2023 Opinion or Order Filing 13 Summons Reissued as to Chandler Watson. at intake counter. (Collins, S.)
February 14, 2023 Opinion or Order Filing 12 SUMMONS Returned Executed by Carrie Montgomery. Allan DeLaine served on 1/31/2023, answer due 2/21/2023. (Collins, S.)
February 14, 2023 Opinion or Order Filing 11 SUMMONS Returned Executed by Carrie Montgomery. Elizabeth Wilson served on 2/2/2023, answer due 2/23/2023. (Collins, S.)
February 14, 2023 Opinion or Order Filing 10 SUMMONS Returned Executed by Carrie Montgomery. Johnston County Department of Social Services served on 1/30/2023, answer due 2/20/2023. (Collins, S.)
February 14, 2023 Opinion or Order Filing 9 SUMMONS Returned Executed by Carrie Montgomery. North Carolina Department of Health and Human Services served on 2/7/2023, answer due 2/28/2023. (Collins, S.)
February 14, 2023 Opinion or Order Filing 7 SUMMONS Returned Executed by Carrie Montgomery. Tabitha Hardin served on 1/30/2023, answer due 2/20/2023. (Collins, S.)
January 30, 2023 Opinion or Order Filing 4 Summons Issued as to Allan DeLaine, Tabitha Hardin, Johnston County Department of Social Services, North Carolina Department of Health and Human Services, Chandler Watson, Elizabeth Wilson. (Summons issued at intake) (Rudd, D.)
January 30, 2023 Opinion or Order Filing 3 Financial Disclosure Statement filed by Carrie Montgomery. (Rudd, D.)
January 30, 2023 Opinion or Order Filing 2 Notice of Self-Representation filed by Carrie Montgomery. (Rudd, D.)
January 30, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing fee $402.00 receipt number 500001830.), filed by Carrie Montgomery. (Attachments: #1 Civil Cover Sheet) (Rudd, D.)

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Search for this case: Montgomery v. Johnston County Department of Social Services et al
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Plaintiff: Carrie Montgomery
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Defendant: Johnston County Department of Social Services
Represented By: Sean F. Perrin
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Defendant: North Carolina Department of Health and Human Services
Represented By: John Howard Schaeffer
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Defendant: Elizabeth Wilson
Represented By: Sean F. Perrin
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Defendant: Chandler Watson
Represented By: Sean F. Perrin
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Defendant: Tabitha Hardin
Represented By: Sean F. Perrin
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Defendant: Allan DeLaine
Represented By: Walter A. Schmidlin, III
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Defendant: Johnston County
Represented By: Sean F. Perrin
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