TABB V. BOARD OF EDUCATION OF THE DURHAM PUBLIC SCHOOLS

Justia Dockets & Filings Fourth Circuit North Carolina Middle District TABB V. BOARD OF EDUCATION OF THE DURHAM PUBLIC SCHOOLS

TABB V. BOARD OF EDUCATION OF THE DURHAM PUBLIC SCHOOLS

Plaintiff:	WENDELL TABB
Defendant:	BOARD OF EDUCATION OF THE DURHAM PUBLIC SCHOOLS
Case Number:	1:2017cv00730
Filed:	August 9, 2017
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Durham
Presiding Judge:	JOI ELIZABETH PEAKE
Presiding Judge:	WILLIAM L. OSTEEN
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 28, 2020	Filing 56 MEMORANDUM OPINION AND ORDER, signed by JUDGE WILLIAM L. OSTEEN, JR on 9/28/20, that Defendant's Motion for Summary Judgment, (Doc. 38 ), is GRANTED. FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE. A judgment reflecting this Memorandum Opinion and Order will be entered contemporaneously herewith.(Butler, Carol)
February 19, 2019	Filing 25 MEMORANDUM OPINION AND ORDER, signed by JUDGE WILLIAM L. OSTEEN, JR on 2/19/2019, that Defendant's Motion to Dismiss pursuant to Fed. R. Civ. P. 12 (b)(6), (Doc. 18 ), is GRANTED IN PART AND DENIED IN PART, in t hat: (1) Defendant's motion to dismiss Plaintiff's Title VII and 42 U.S.C. § 1981 claims, as those claims relate to the alleged denial of technical staffing assistance (compared to Riverside and Jordan) and the alleged non-payment of special event-related overtime is DENIED WITHOUT PREJUDICE, (2) Defendant's motion to dismiss Plaintiff's Title VII and 42 U.S.C. § 1981 claims, as those claims relate to the alleged non-payment of a technical supplement and the alleg ed denial of technical staffing assistance (compared to DSA only) is GRANTED, and (3) Defendant' motion to dismiss Plaintiff' ADA retaliation claim is GRANTED. FURTHER ORDERED that upon the filing of an Answer, this matter be set for a status conference with Magistrate Judge Joi Elizabeth Peake to schedule further deadlines in this case. (Butler, Carol)

Date Filed

Document Text

September 28, 2020

Filing 56 MEMORANDUM OPINION AND ORDER, signed by JUDGE WILLIAM L. OSTEEN, JR on 9/28/20, that Defendant's Motion for Summary Judgment, (Doc. 38 ), is GRANTED. FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE. A judgment reflecting this Memorandum Opinion and Order will be entered contemporaneously herewith.(Butler, Carol)

February 19, 2019

Filing 25 MEMORANDUM OPINION AND ORDER, signed by JUDGE WILLIAM L. OSTEEN, JR on 2/19/2019, that Defendant's Motion to Dismiss pursuant to Fed. R. Civ. P. 12 (b)(6), (Doc. 18 ), is GRANTED IN PART AND DENIED IN PART, in t hat: (1) Defendant's motion to dismiss Plaintiff's Title VII and 42 U.S.C. § 1981 claims, as those claims relate to the alleged denial of technical staffing assistance (compared to Riverside and Jordan) and the alleged non-payment of special event-related overtime is DENIED WITHOUT PREJUDICE, (2) Defendant's motion to dismiss Plaintiff's Title VII and 42 U.S.C. § 1981 claims, as those claims relate to the alleged non-payment of a technical supplement and the alleg ed denial of technical staffing assistance (compared to DSA only) is GRANTED, and (3) Defendant' motion to dismiss Plaintiff' ADA retaliation claim is GRANTED. FURTHER ORDERED that upon the filing of an Answer, this matter be set for a status conference with Magistrate Judge Joi Elizabeth Peake to schedule further deadlines in this case. (Butler, Carol)

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Plaintiff: WENDELL TABB
Represented By:	STEWART W. FISHER
Represented By:	DANIEL N. MULLINS
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Defendant: BOARD OF EDUCATION OF THE DURHAM PUBLIC SCHOOLS
Represented By:	COLIN A. SHIVE
Represented By:	KENNETH A. SOO
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