R.S. V. BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, ET AL.
| R.S. and R. S. |
| BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL and DOES 1 TO 10 |
| Bratcher Adams PLLC |
| 1:2016cv00119 |
| February 16, 2016 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Chatham |
| L PATRICK AULD |
| THOMAS D SCHROEDER |
| N C TILLEY |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Motion No Longer Submitted: #65 First MOTION for Attorney Fees. (See #79 Order.) (Engle, Anita) |
Filing 79
ORDER signed by Chief Judge Thomas D. Schroeder on 05/10/2019, that All proceedings regarding attorney's fees are STAYED until the Fourth Circuit issues its mandate in this case or the appeal is otherwise resolved; Upon issuance of the mandate or resolution of the appeal if not by mandate, the parties shall have twenty-one (21) days to consult and file a certification of consultation as to attorneys' fees pursuant to Local Rule 54.2; and Plaintiff's current and former counsel shall have fourteen (14) days follwing the filing of such certification of consultation within which to file any motion for attorneys' fees. (Coyne, Michelle) Modified on 5/14/2019 to correct a typo(Coyne, Michelle).
|
| Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #65 First MOTION for Attorney Fees, #76 First MOTION for Extension of Time To File Motion for Bratcher Adams PLLC to File Motion for Attorneys' Fees until July 2, 2019, #77 First MOTION for Extension of Time Statement of Consultation, #74 MOTION to Stay. (Engle, Anita) |
| Filing 78 REPLY, filed by Plaintiff R. S., to Response to #65 First MOTION for Attorney Fees filed by R. S.. (Attachments: #1 Exhibit)(HOWARD, KEITH) |
| Filing 77 First MOTION for Extension of Time Statement of Consultation by R. S.. (HOWARD, KEITH) |
| Filing 76 First MOTION for Extension of Time To File Motion for Bratcher Adams PLLC to File Motion for Attorneys' Fees until July 2, 2019 by Bratcher Adams PLLC. (Attachments: #1 Text of Proposed Order Proposed Order)(ADAMS, JEREMY) |
| Filing 75 MEMORANDUM filed by Defendants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL re #74 MOTION to Stay filed by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. (RASCOE, DONNA) |
| Filing 74 MOTION to Stay by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. Response to Motion due by 5/13/2019 (RASCOE, DONNA) |
| Filing 73 RESPONSE filed by Defendants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL re #65 First MOTION for Attorney Fees filed by R. S. filed by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. Replies due by 5/6/2019 (RASCOE, DONNA) |
|
Filing 72
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 4/9/2019. The time for the Board of the Woods Charter School Company and Woods Charter School to file their Response to Plaintiffs' Motion to Approve Attorney's Fees and Costs is and shall be extended by fourteen (14) days, up to and including April 22, 2019. (Daniel, J)
|
| Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #71 MOTION for Extension of Time to File Response/Reply as to #65 First MOTION for Attorney Fees. (Engle, Anita) |
| Filing 71 MOTION for Extension of Time to File Response/Reply as to #65 First MOTION for Attorney Fees by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, DOES 1 TO 10, WOODS CHARTER SCHOOL. (Attachments: #1 Text of Proposed Order Exhibit 1 - Proposed Order Granting Motion for Extension of Time)(TERRY, KATIE) |
| Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re #68 Notice of Appeal. (Coyne, Michelle) |
| Filing 70 NOTICE of Docketing Appeal from USCA re #68 Notice of Appeal filed by R. S. USCA Case Number 19-1349, USCA Case Manager: Jennifer Rice. (Coyne, Michelle) |
| Filing 69 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #68 Notice of Appeal. (Coyne, Michelle) |
| Filing 68 NOTICE OF APPEAL as to #64 Judgment, by R. S. Filing fee $ 505 received. Receipt Number NCM045314. (Coyne, Michelle) |
| Filing 67 Exhibit Receipt dated 04/03/2019 re: two boxes of Administrative Records originally received from the NCDPI. (Coyne, Michelle) |
| Filing 66 Plaintiff's BRIEF re #65 First MOTION for Attorney Fees . (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit, #4 Exhibit)(HOWARD, KEITH) |
| Filing 65 First MOTION for Attorney Fees by R. S. Response to Motion due by 4/8/2019 (HOWARD, KEITH) |
| Filing 64 JUDGMENT, signed by CHIEF JUDGE THOMAS D. SCHROEDER on 3/4/2019, that for the reasons set out in the Memorandum Opinion and Order filed contemporaneously with this Judgment, that R.S.'s motion for summary judgment is GRANTED and WCS's motion for summary judgment is DENIED. WCS shall fund private educational instruction and/or related services not less than the number of hours R.S. should have received services comparable to APE between August 20, 2013, and November 18, 2013, plus the number of hours equal to three hours per school day between November 18, 2013, and the end of the 2013-2014 school year. The instruction and services shall be completed by the end of the 2019-2020 school year. The parents may choose the providers of the instruction and services, so long as the providers are properly credentialed or licensed and their rates do not exceed the prevailing market rate for such instruction or services in the community where the instruction or services are provided. Finally, the parents are to be reimbursed for any travel costs reasonably necessary to secure appropriate instruction and/or services. R.S. shall be awarded costs and may file his claim for attorneys' fees by separate motion that complies with Local Rule 54.2. 20 U.S.C. 1415(i)(3) (B). (Butler, Carol) |
|
Filing 63
MEMORANDUM OPINION AND ORDER, signed by CHIEF JUDGE THOMAS D. SCHROEDER on 3/4/2019. ORDERED that R.S.'s motion for summary judgment is GRANTED and WCS's motion for summary judgment is DENIED. WCS shall fund private educational instruction and/or related services not less than the number of hours R.S. should have received services comparable to APE between August 20, 2013, and November 17, 2013, plus the number of hours equal to three hours per school day between November 17, 2013, and the end of the 2013-2014 school year. The instruction and services shall be completed by the end of the 2019-2020 school year. The parents may choose the providers of the instruction and services, so long as the providers are properly credentialed or licensed and their rates do not exceed the prevailing market rate for such instruction or services in the community where the instruction or services are provided. Finally, the parents are to be reimbursed for any travel costs reasonably necessary to secure appropriate instruction and/or services. (Butler, Carol) (Main Document #63 replaced on 4/2/2019 due to technical issue.) (Engle, Anita).
|
| Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #50 First MOTION for Summary Judgment and #52 MOTION for Summary Judgment. (Engle, Anita) |
| Filing 62 REPLY, filed by Counter Claimants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL, WOODS CHARTER SCHOOL, Defendants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL, to Response to #52 MOTION for Summary Judgment filed by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. (RASCOE, DONNA) |
| Filing 61 RESPONSE in Opposition re #53 Brief, filed by WOODS CHARTER SCHOOL, BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, #52 MOTION for Summary Judgment filed by WOODS CHARTER SCHOOL, BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY filed by R.S.. Replies due by 6/6/2018 (Attachments: #1 Exhibit, #2 Exhibit)(HOWARD, KEITH) |
| Filing 60 RESPONSE in Opposition re #51 Brief, #55 Corrected Document, #50 First MOTION for Summary Judgment filed by R.S. filed by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. Replies due by 6/6/2018 (RASCOE, DONNA) |
| Filing 59 NOTICE of Appearance by attorney KATIE E. TERRY on behalf of Counter Claimants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL, WOODS CHARTER SCHOOL, Defendants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL (TERRY, KATIE) |
| Motion No Longer Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #57 First MOTION for Leave FOR EXTENSION OF WORD LIMIT FOR REPLY BRIEF. (Engle, Anita) |
| Filing 58 WITHDRAWAL of Motion by Plaintiff R.S. re #57 First MOTION for Leave FOR EXTENSION OF WORD LIMIT FOR REPLY BRIEF filed by R.S. (HOWARD, KEITH) |
| Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #57 First MOTION for Leave FOR EXTENSION OF WORD LIMIT FOR REPLY BRIEF. (Engle, Anita) |
| Filing 57 First MOTION for Leave FOR EXTENSION OF WORD LIMIT FOR REPLY BRIEF by R.S.. Responses due by 6/7/2018 (Attachments: #1 Text of Proposed Order)(HOWARD, KEITH) |
| Filing 55 Corrected document re #51 Brief. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(HOWARD, KEITH) |
| Filing 54 CERTIFICATE re #51 Brief Word Count by Plaintiff R.S.. (HOWARD, KEITH) |
| Filing 53 BRIEF re #52 MOTION for Summary Judgment by Counter Claimants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL, WOODS CHARTER SCHOOL, Defendants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL filed by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. (RASCOE, DONNA) |
| Filing 52 MOTION for Summary Judgment by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. Response to Motion due by 5/23/2018 (RASCOE, DONNA) |
| Filing 51 Plaintiffs' BRIEF re #50 First MOTION for Summary Judgment . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(HOWARD, KEITH) |
| Filing 50 First MOTION for Summary Judgment by R.S.. Response to Motion due by 5/23/2018 (HOWARD, KEITH) |
|
Filing 49
ORDER signed by Chief Judge Thomas D. Schroeder on 4/20/2018 that the Amended Joint Motion for Extension of Word Limit for Dispositive Motions is GRANTED. (Coyne, Michelle)
|
| Filing 48 Amended MOTION to Amend/Correct Motions Submitted For Extended Word Count by R.S.(BY AND THROUGH HIS FATHER RONALD E. SOLTES). Responses due by 5/10/2018 (Attachments: #1 Text of Proposed Order)(ESPAILLAT, KELLI) |
|
Filing 47
ORDER signed by Chief Judge Thomas D. Schroeder on 04/19/2018, that the Joint Motion for Extension of Word Limit for Dispositive Motions #46 is DENIED WITHOUT PREJUDICE for failure to specify the additional number of words requested. (Coyne, Michelle)
|
| Motions Submitted: #46 First JOINT MOTIONFOR EXTENSION OF WORD LIMIT FOR DISPOSITIVE MOTIONS to CHIEF JUDGE THOMAS D. SCHROEDER- (Williamson, Wanda) |
| Filing 46 First JOINT MOTIONFOR EXTENSION OF WORD LIMIT FOR DISPOSITIVE MOTIONS by R.S.. Responses due by 5/7/2018 (HOWARD, KEITH) |
| TEXT ORDER denying #41 Motion to Waive Mediation Fees. Plaintiffs' filings show that they have substantial monthly income and that they have some funds on hand, as well as significant equity in their residence. The bulk of the monthly expenses claimed by Plaintiffs appear to reflect credit card payments, but their filings do not reflect when and for what Plaintiffs incurred those obligations. Plaintiffs have asserted that they exhausted their financial resources litigating this case at the administrative level (and perhaps in this Court); however, they have submitted no evidence to support that assertion. Moreover, Plaintiffs' filings indicate that, during the life of this case, they purchased two new, relatively expensive vehicles. That circumstance cuts against Plaintiffs' claims of impecuniosity brought on by this litigation. Under the circumstances, the Court does not find adequate cause to relieve Plaintiffs of their obligation to pay their share of the mediation fees at this time. Issued by MAG/JUDGE L. PATRICK AULD on 04/09/2018. (AULD, L.) |
| TEXT ORDER granting #43 Motion to Seal. The procedural requirement for sealing has been satisfied, as #43 Motion has been pending for nearly a month with no filing from any person or entity objecting to the requested sealing. As to the substance of the request for sealing in #43 Motion, at most, a common law right of access applies, as the material at issue comes before the Court only in connection with an administrative issue concerning the payment of mediation fees, not any matter connected to the underlying litigation. Further, Plaintiffs have shown that the information that they seek to have sealed involves sensitive financial details in which they have a reasonable expectation of privacy. The balancing of that interest against any minimal public interest in the information at issue warrants the requested sealing. Finally, Plaintiffs have filed redacted versions of the documents at issue and further redaction would not sufficiently protect their legitimate privacy interests. Accordingly, the documents filed by Plaintiffs in redacted form may remain on the Docket as they are. Issued by MAG/JUDGE L. PATRICK AULD on 04/09/2018. (AULD, L.) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #43 First MOTION to Seal Motion to Waive Mediation Fees Pursuant to LR 83.9c(c) and #41 First MOTION to Waive Mediation Fees Pursuant to LR 83.9c(c). (Engle, Anita) |
| Reset Scheduling Order Deadlines:Dispositive Motions due by 4/23/2018. (Taylor, Abby) |
| TEXT ORDER granting #45 Motion for Extension of Time. The parties shall file any dispositive motions by 04/23/2018. Issued by MAG/JUDGE L. PATRICK AULD on 03/26/2018. (AULD, L.) |
| Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #45 First MOTION for Extension of Time To File Dispositive Motions until April 23, 2018. (Engle, Anita) |
| Filing 45 First MOTION for Extension of Time To File Motion for R.S. File Dispositive Motions until April 23, 2018 by R.S.. (HOWARD, KEITH) |
| Filing 44 BRIEF re #43 First MOTION to Seal Motion to Waive Mediation Fees Pursuant to LR 83.9c(c) [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4]. (HOWARD, KEITH) |
| Filing 43 First MOTION to Seal Motion to Waive Mediation Fees Pursuant to LR 83.9c(c) [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by R.S.. Response to Motion due by 4/2/2018 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(HOWARD, KEITH) |
| Filing 42 BRIEF re #41 First MOTION to Waive Mediation Fees Pursuant to LR 83.9c(c) . (HOWARD, KEITH) |
| Filing 41 First MOTION to Waive Mediation Fees Pursuant to LR 83.9c(c) by R.S.. Response to Motion due by 4/2/2018 (Attachments: #1 Affidavit Affidavit of Financial Standing, #2 Supplement Attachment A to Affidavit of Financial Standing)(HOWARD, KEITH) |
| Filing 40 AMENDED DOCUMENT by R.S.. Amendment to #39 Response to Defendants' Counterclaim. (HOWARD, KEITH) |
| Filing 39 RESPONSE to Defendants' Counterclaim filed by R.S.. Replies due by 2/15/2018 (HOWARD, KEITH) |
| Filing 38 NOTICE of Appearance by attorney KEITH L. P. HOWARD on behalf of Plaintiff R.S. (HOWARD, KEITH) |
| Filing 37 ANSWER to Amended Complaint , Counterclaim against by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. (RASCOE, DONNA) |
| Reset Scheduling Order Deadlines pursuant to text order dated 1/22/2018. Dispositive Motions due by 3/26/2018. Mediation due by 5/9/2018. (Coyne, Michelle) |
| Answer deadline updated for BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY to 1/23/2018; WOODS CHARTER SCHOOL to 1/23/2018 pursuant to text order dated 1/22/2018. (Coyne, Michelle) |
| TEXT ORDER requiring that: (1) pursuant to the Text Order dated 09/20/2017, and in light of #36 Memorandum Order, Defendants shall answer or otherwise respond to #32 First Amended Complaint by 01/23/2018; (2) the parties shall file any dispositive motion(s) by 03/26/2018; and (3) the parties shall conduct mediation by 05/09/2018. Issued by MAG/JUDGE L. PATRICK AULD on 01/22/2018. (AULD, L.) |
| CASE REFERRED to MAG/JUDGE L. PATRICK AULD RE: #36 Memorandum Order. (Engle, Anita) |
|
Filing 36
MEMORANDUM ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 01/09/2018. Plaintiff's motion for leave to file a second amended complaint #31 is DENIED. The court directs the Magistrate Judge to set a date for the existing Defendants to respond the first amended complaint, deadlines for the filing of dispositive motions, and any other deadline deemed appropriate. (Coyne, Michelle)
|
| Filing 35 REPLY, filed by Plaintiff R.S., to Response to #31 Second Supplemental Amended Motion for leave to file second amended complaint filed by R.S.. (ESPAILLAT, KELLI) |
| Filing 34 RESPONSE in Opposition re #31 Second Supplemental Amended Motion for leave to file second amended complaint filed by R.S. filed by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. Replies due by 10/5/2017 (RASCOE, DONNA) |
| TEXT ORDER granting #33 Motion for Extension of Time. The deadline for Defendants to answer or otherwise respond to #32 First Amended Complaint is stayed pending resolution of #31 Motion for Leave to File Second Amended Complaint. If the Court denies #31 Motion, Defendants shall answer or otherwise respond to #32 First Amended Complaint within 14 days of the entry of the order denying #31 Motion. If the Court grants #31 Motion, Defendants are relieved of any obligation to answer or otherwise respond to #32 First Amended Complaint and shall comply with Federal Rule of Civil Procedure 15(a)(3) in regard to answering or otherwise responding to any Second Amended Complaint that Plaintiff files with the permission of the Court. Issued by MAG/JUDGE L. PATRICK AULD on 09/20/2017. (AULD, L.) |
| Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #33 MOTION for Extension of Time to File Answer re #32 Amended Complaint. (Engle, Anita) |
| Filing 33 MOTION for Extension of Time to File Answer re #32 Amended Complaint by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. (Attachments: #1 Text of Proposed Order Granting Extension of Time to Answer Or Otherwise Plead to Plaintiff's First Amended Complaint and Petition for Attorneys' Fees)(RASCOE, DONNA) |
| Filing 32 First AMENDED COMPLAINT and Petition for Attorney Fees against defendant All Defendants, filed by R.S..(ESPAILLAT, KELLI) |
| Filing 31 Second Supplemental Amended Motion for leave to file second amended complaint by R.S.. Response to Motion due by 9/21/2017 (Attachments: #1 Exhibit OAH FInal Decision, #2 Exhibit SRO Final Decision, #3 Exhibit OSEP Letter from Stephanie Smith Lee, #4 Exhibit OSEP Letter, #5 Exhibit US DOE Letter)(ESPAILLAT, KELLI) (Main Document 31 replaced on 9/5/2017) (Coyne, Michelle). (Additional attachment(s) added on 9/5/2017: #6 Proposed Order, #7 Proposed Amended Complaint) (Coyne, Michelle). |
| Filing 30 NOTICE of Appearance by attorney KELLI L. ESPAILLAT on behalf of Plaintiff R.S. (ESPAILLAT, KELLI) |
|
Filing 29
ORDER signed by Judge Thomas D. Schroeder on 08/03/2017. Plaintiff's motion for leave to amend the complaint #23 is GRANTED. Plaintiff shall have until ten (10) days after the appearance of substitute counsel, or August 31, 2017, whichever occurs first, within which to file his first amended complaint (in the form attached as Exhibit 1 to the motion) as a separate pleading. Otherwise, the case will proceed based on the current complaint. If the amended complaint is filed and served according to the terms of this Order, Defendants shall have fourteen (14) days after service within which to serve a response. (Coyne, Michelle)
|
| Attorneys JEREMY DENTON ADAMS and STEVEN WYNER are terminated as counsel of record for Plaintiff(s). The Clerk shall update the Docket to reflect the address for Plaintiff(s) listed in #27 Motion to Withdraw and #28 Motion to Withdraw, unless and until new counsel appears for Plaintiff(s). (AULD, L.) |
| Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Attorneys Steven Wyner and Jeremy Adams present as counsel for plaintiff and Attorney Donna Roscoe present as counsel for defendant. Motion Hearing held on 6/2/2017 re #27 MOTION to Withdraw as Attorney STEVEN WYNER as Plaintiff's Co-Counsel filed by R.S., #28 MOTION to Withdraw as Attorney JEREMY DENTON ADAMS filed by R.S. Court GRANTS #27 and #28 with consent of plaintiff. See Text Orders dated 6/2/17. (Court Reporter Proceedings recorded.) (Sanders, Marlene) |
| TEXT ORDER granting #27 Motion to Withdraw and #28 Motion to Withdraw. Attorneys JEREMY DENTON ADAMS and STEVEN WYNER are terminated as counsel of record for Plaintiff(s), with the consent of Plaintiff(s), as stated on the record at the hearing held this day. The Court stays the setting of a deadline for the filing of dispositive motions for 90 days or until new counsel appears for Plaintiff(s), whichever comes first. Issued by MAG/JUDGE L. PATRICK AULD on 06/02/2017. (AULD, L.) |
| Case Stayed. (Coyne, Michelle) |
| Motions Referred: RE: #28 MOTION to Withdraw as Attorney JEREMY DENTON ADAMS to MAG/JUDGE L. PATRICK AULD. (Kemp, Donita) |
| Filing 28 MOTION to Withdraw as Attorney JEREMY DENTON ADAMS by on behalf of R.S.. Responses due by 6/16/2017 (ADAMS, JEREMY) |
| CASE REFERRED to MAG/JUDGE L. PATRICK AULD RE: #26 Joint Status Report. (Engle, Anita) |
| TEXT ORDER setting a hearing on #27 Motion to Withdraw at 2:30 PM on 06/02/2017 in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina. Plaintiff Ronald E. Soltes, both counsel for Plaintiffs, and counsel for Defendants shall appear at the hearing. Counsel for Plaintiffs shall ensure that Plaintiff Ronald E. Soltes receives notice of his obligation to appear at the hearing. Issued by MAG/JUDGE L. PATRICK AULD on 05/25/2017. (AULD, L.) |
| Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #27 MOTION to Withdraw as Attorney STEVEN WYNER as Plaintiff's Co-Counsel. (Engle, Anita) |
| Filing 27 MOTION to Withdraw as Attorney STEVEN WYNER as Plaintiff's Co-Counsel by on behalf of R.S.. Responses due by 6/14/2017 (Attachments: #1 Text of Proposed Order Proposed Order regarding Motion to WIthdraw by Co-Counsel Steven Wyner)(WYNER, STEVEN) |
| Filing 26 JOINT STATUS REPORT re: Mediation filed by all parties.. (RASCOE, DONNA) |
| Motion Submitted to JUDGE THOMAS D. SCHROEDER: #23 MOTION to Amend #1 Complaint & File First Amended Complaint. (Engle, Anita) |
| Filing 25 REPLY, filed by Counter Defendant R.S., Plaintiff R.S., to Response to #23 MOTION to Amend #1 Complaint & File First Amended Complaint filed by R.S.. (ADAMS, JEREMY) |
| Filing 24 RESPONSE in Opposition re #23 MOTION to Amend #1 Complaint & File First Amended Complaint filed by R.S. filed by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. Replies due by 4/27/2017 (RASCOE, DONNA) |
| Filing 23 MOTION to Amend #1 Complaint & File First Amended Complaint by R.S.. Response to Motion due by 4/14/2017 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Leave to Amend, #2 Affidavit Certificate of Service re Motion to Amend Complaint)(WYNER, STEVEN) |
|
Filing 22
ORDER Appointing ELIZABETH L. RILEY as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
|
| Filing 21 NOTICE by R.S. re Order,,, Notice of Parties' Agreed Upon Mediator (WYNER, STEVEN) |
| MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 3/10/2017. Mediation due by 5/10/2017.(Gammon, Cheryl) |
| TEXT ORDER that (1) on or before 03/10/2017, the parties shall file a notice either identifying an agreed-upon mediator or stating that they could not reach agreement on a mediator (in which circumstance, the Clerk shall select a mediator); (2) on or before 03/24/2017, Plaintiff shall file any motion for leave to amend pleadings and shall attach to any such motion any proposed amended pleading, as well as a red-line version of the proposed amended pleading showing all proposed alterations; (3) on or before 04/10/2017, the administrative record shall be filed; (4) on or before 05/10/2017, the parties shall conduct mediation; (5) on or before 05/24/2017, the parties shall file a joint status report regarding the outcome of the mediation; and (6) the Court defers adoption of further deadlines until a later date. Issued by MAG/JUDGE L. PATRICK AULD on 02/22/2017. (AULD, L.) |
| CASE REFERRED RE: #20 Joint Status Report, to MAG/JUDGE L. PATRICK AULD. (Williamson, Wanda) |
| ADMINISTRATIVE RECORD (2 boxes) received from DPI re #20 Joint Status Report. (Powell, Gloria) |
|
Filing 20
JOINT STATUS REPORT pursuant to Court Order #19 by Magistrate Judge L. Patrick Auld filed by all parties.. (WYNER, STEVEN) Modified on 2/15/2017 to correct docket text(Coyne, Michelle).
|
|
Filing 19
MEMORANDUM OPINION AND ORDER signed by Magistrate Judge L. Patrick Auld on 01/24/2017. Plaintiffs request to conduct ESI Discovery is DENIED.The parties promptly consult regarding the future course of proceedings in this case and, on or before February 14, 2017, file a joint report setting out their shared or differing views about a schedule for conducting mediation, as well as filing the administrative record and dispositive motions.Defendants Rule 26(f) Report (Docket Entry #12 ) and Plaintiffs Rule 26(f) Report (Docket Entry #15 ) are terminated. (Coyne, Michelle)
|
| CASE REFERRED to MAG/JUDGE L. PATRICK AULD RE: #16 Memorandum re #15 Rule 26(f) Report (Individual) Brief in Support of Request for Further Electronic Discovery by Plaintiff R.S. (Engle, Anita) |
| Filing 18 Plaintiff's Reply to Defendants Response In Opposition to Plaintiff's Requ4est to Conduct Further Discovery in Support re Initial Pretrial Conference #17 Response, #16 Memorandum, #15 Rule 26(f) Report (Individual). (WYNER, STEVEN) Modified on 10/24/2016 to correct event type (Coyne, Michelle). |
| Reset Deadlines: Reply Deadline 10/21/16 as to #17 Response to #16 Memorandum (Garrett, Kim) |
| Case Reassigned to JUDGE THOMAS D. SCHROEDER. JUDGE N. C. TILLEY, JR. no longer assigned to the case. (Powell, Gloria) |
| Filing 17 RESPONSE re #16 Memorandum, filed by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL. Replies due by 10/28/2016. (Attachments: #1 Exhibit A - Discovery Order, #2 Exhibit B - Motion to Compel, #3 Exhibit C - Response to Motion to Compel, #4 Exhibit D - Excerpts from Vol. 1 of Transcript Hearing)(RASCOE, DONNA) |
| Filing 16 MEMORANDUM re #15 Rule 26(f) Report (Individual). Brief in Support of Request for Further Electronic Discovery by Plaintiff R.S.. (Attachments: #1 Affidavit in Support of Plaintiff's Request to Conduct Further Electronic Discovery)(WYNER, STEVEN) |
| Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Initial Pretrial Conference held on 8/29/2016. For the reasons stated from the bench, plaintiff instructed to file a twenty (20) page brief no later than September 19, 2016, that identifies exactly what discovery plaintiff wants to do, etc.; defendants' responses shall be filed no later than October 11, 2016; plaintiff's reply shall be filed no later than October 21, 2016; parties advised that the Court will reserve judgment on the parties' Rule 26(f) proposals until all filings have been reviewed. (Attorney Jeremy Adams appeared on behalf of plaintiff R.S.; Attorney Donna Rascoe appeared on behalf of defendants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL; Proceedings Recorded) (Kemp, Donita) |
| Motions Referred: RE: #14 Amended MOTION for Leave to Appear Telephonically, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Motions Referred: RE: #12 Rule 26(f) Report (Individual), #15 Rule 26(f) Report (Individual), to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| TEXT ORDER denying #14 Motion for Leave to Appear Telephonically. In support of #14 Motion, Plaintiffs seek permission for their specially-appearing counsel from California, Steven Wyner, to attend the Initial Pretrial Conference by telephone, rather than in person. The undersigned Magistrate Judge has found hearings where one or more attorneys appears by telephone significantly more difficult to coordinate and significantly less efficient than normal in-person hearings. The fact that, in #15 Plaintiff's Rule 26(f) Report, Mr. Wyner and Plaintiff's other counsel, J. Denton Adams, have accused counsel for Defendants of failing to properly confer in advance of the Initial Pretrial Conference, raises particular concerns about whether all issues properly can be addressed in an efficient manner with Mr. Wyner taking the lead for Plaintiffs via telephone. In particular, the Court easily could foresee recessing the hearing to require further consultation between counsel and thereafter re-convening the hearing. Managing the logistics of such events with a telephone participant may well present substantial challenges. Given the foregoing considerations, the Court concludes that Plaintiffs have made an insufficient showing to justify their instant request. As grounds for the requested relief, #14 Motion offers two justifications: (1) "Mr. Wyner has pre-existing obligations in his home state that would make it extremely difficult for him to travel to North Carolina and return to California in sufficient time to meet obligations in both states"; and (2) "purchasing a plane ticket for Mr. Wyner to attend the hearing would be an undue financial hardship on Plaintiffs." As to the latter matter, Plaintiffs and Mr. Wyner surely anticipated that, when they retained a California-based attorney to handle North Carolina-based litigation, they likely would incur travel-related costs associated with that attorney's participation in the litigation. Further, #14 Motion does not provide any specifics about Plaintiffs' financial situation or their contractual arrangement with Mr. Wyner to substantiate the conclusory claim of undue financial hardship. Similarly, in regard to the initial rationale for allowing Mr. Wyner to appear by telephone, #14 Motion omits any description of Mr. Wyner's competing obligations and does not make clear exactly when those obligations came into existence (particularly as relates to the issuance of #11 Notice that set the Initial Pretrial Conference). Finally, as concerns both grounds for permitting Mr. Wyner's appearance via telephone, the Court observes that #14 Motion fails to explain why Mr. Adams cannot adequately represent Plaintiffs at the Initial Pretrial Conference. Notably, by accepting representation with Mr. Wyner, Mr. Adams became "responsible to this Court for the conduct of the litigation or proceeding and... must be present during pretrial conferences, potentially dispositive proceedings, and trial." M.D.N.C. LR 83.1(d)(2); see also M.D.N.C. LR 83.1(d)(1) (providing that, by appearing specially in this case, Mr. Wyner accepted responsibility "for ensuring the presence of an attorney who is familiar with the case and has authority to control the litigation at all conferences, hearings, trials and other proceedings"). Consistent with that responsibility, Mr. Adams signed #15 Plaintiff's Rule 26(f)Report and, thereby, represented that he had made a reasonable inquiry to assure himself that all legal and factual contentions in that filing rested on a proper foundation. Those circumstances all support the view that Mr. Adams possess both the duty and knowledge base to properly represent Plaintiffs at the Initial Pretrial Conference. If Plaintiffs can show that proceeding with the Initial Pretrial Conference with Mr. Adams (rather than Mr. Wyner) advocating for them would result in some concrete prejudice, the Court will entertain their motion to continue the Initial Pretrial Conference to a date acceptable to both Mr. Wyner and counsel for Defendants. Issued by MAG/JUDGE L. PATRICK AULD on 08/22/2016. (AULD, L.) |
| Filing 15 Rule 26(f) Report (Individual). Responses due by 9/12/2016 by R.S..(WYNER, STEVEN) |
| Filing 14 Amended MOTION for Leave to Appear Telephonically by R.S.. Responses due by 9/12/2016 (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(ADAMS, JEREMY) |
| Filing 13 MOTION for Leave to Appear Telephonically by R.S.. Responses due by 9/12/2016 (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(ADAMS, JEREMY) |
| Filing 12 Rule 26(f) Report (Individual). Responses due by 9/9/2016 by BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL.(RASCOE, DONNA) |
| Filing 11 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/29/2016 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
| Filing 10 ANSWER to Complaint (Counterclaim) by R.S.. (ADAMS, JEREMY) |
| Filing 9 MOTION for Extension of Time to File Response/Reply as to #8 Answer to Complaint, Counterclaim by R.S.. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(ADAMS, JEREMY) Modified on 6/2/2016 (Brubaker, John). |
|
ORDER granting #9 Motion for Extension of Time to Answer Counterclaims for R.S. Answer due by 7/6/2016. Signed by John Brubaker, Clerk of Court, on 06/02/2016. (Brubaker, John)
|
| Answer due date updated for R.S. as to #8 Answer to Complaint and Counterclaim. Answer deadline is 6/6/2016. (Coyne, Michelle) |
| Filing 8 ANSWER to #1 Complaint , Counterclaim against by WOODS CHARTER SCHOOL, BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY. (RASCOE, DONNA) |
| Filing 7 NOTICE of Appearance by attorney DONNA R. RASCOE on behalf of Defendants BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY, WOODS CHARTER SCHOOL (RASCOE, DONNA) |
| Filing 6 WAIVER OF SERVICE Returned Executed by R.S.. BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY waiver sent on 3/16/2016, answer due 5/16/2016; WOODS CHARTER SCHOOL waiver sent on 3/16/2016, answer due 5/16/2016. (ADAMS, JEREMY) |
| Filing 5 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Coyne, Michelle) |
| Filing 4 Summons Issued as to BOARD OF DIRECTORS OF WOODS CHARTER SCHOOL COMPANY and WOODS CHARTER SCHOOL. (Attachments: #1 WCS)(Coyne, Michelle) |
| Filing 3 NOTICE of Appearance by attorney STEVEN WYNER on behalf of Plaintiff R.S. (WYNER, STEVEN) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) |
| Filing 2 NOTICE of Appearance by attorney JEREMY DENTON ADAMS on behalf of Plaintiff Ronald Eugene Soltes (ADAMS, JEREMY) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0418-1859875), filed by RONALD EUGENE SOLTES. (Attachments: #1 Exhibit A, #2 Exhibit B)(ADAMS, JEREMY) Modified on 2/17/2016 to correct docket text. (Garland, Leah) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
