P.B. v. Burke County Public Schools Board of Education et al
Plaintiff: P. B.
Defendant: Michael Andrew Alexander, Linda Bradshaw, Burke County Public Schools Board of Education and John Roes
Petitioner: Guardian Ad Litem Peggy M. Saunders
Consolidated Plaintiff: A.B and M.B.
Case Number: 1:2012cv00334
Filed: October 22, 2012
Court: US District Court for the Western District of North Carolina
Office: Asheville Office
County: Burke
Presiding Judge: Dennis Howell
Referring Judge: W Carleton Metcalf
2 Judge: Martin Reidinger
Nature of Suit: P.I.: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2021 TEXT-ONLY ORDER re #131 Motion to Seal; #132 Sealed Motion (available to Peggy M. Saunders). Text of Order: ORDER that the #131 Motion to Seal and the #132 Sealed Motion are DENIED as MOOT. So Ordered. Entered at the direction of Chief Judge Martin Reidinger on 8/31/2021. (khm)
June 17, 2021 Filing 132 SEALED MOTION (Sealed - Attorney) Motion for Entry/Approval of Qualified Assignment Agreements (available to Peggy M. Saunders) Responses due by 7/1/2021 (Attachments: #1 Exhibit, #2 Exhibit)(Tripp, S.). Motions referred to W. Carleton Metcalf.
June 17, 2021 Filing 131 Consent MOTION to Seal Motion for Entry of Judgment by Peggy M. Saunders. Responses due by 7/1/2021 (Tripp, S.). Motions referred to W. Carleton Metcalf.
June 16, 2021 Opinion or Order Filing 130 ORDER that Special Guardian Ad Litem Peggy Saunders' SEALED Rule 60(b)(6) MOTION (Sealed - Attorney) for Relief from Order Approving Minor Settlements (Doc. #127 in 1:12-cv-00334-MR-WCM) is GRANTED, and the Order Approving Minor Settlements (Doc. #112 in 1:12-cv-00334-MR-WCM) is hereby AMENDED to include by reference the terms of the parties' new structured settlements, as set forth in the Addenda attached as Exhibits 4 and 5 to the Special GAL's Motion for Relief [Docs. 127-4 and 127-5, filed under seal], and such new structured settlements are hereby APPROVED. The remaining settlement sum for the benefit of minor ward Jane Doe shall be paid and disbursed as set forth in Sealed Exhibit A attached to this Order. The remaining settlement sum for the benefit of minor ward L.B. shall be paid and disbursed as set forth in Sealed Exhibit B attached to this Order. Signed by Chief Judge Martin Reidinger on 6/16/2021. Associated Cases: 1:12-cv-00334-MR-WCM, 1:13-cv-00009-MR-DLH. (Pro se litigant served by US Mail.) (rhf) Modified text on 6/16/2021. (khm) (Additional attachment(s) added on 6/18/2021 (Sealed - Attorney)(available to Peggy M. Saunders, P.B., M.B., Burke County Public Schools Board of Education, Linda Bradshaw, Michael Andrew Alexander): #1 Sealed Exhibit A, #2 Sealed Exhibit B) (ejb). Modified text and added sealed attachments on 6/18/2021. NEF Regenerated (ejb).
May 5, 2021 Filing 129 NOTICE of Appearance by Wyatt S. Stevens on behalf of Peggy M. Saunders (Stevens, Wyatt)
May 4, 2021 Opinion or Order Filing 128 ORDER granting Special Guardian Ad Litem Peggy Saunders' #126 Motion to File Under Seal, and the #127 Motion for Relief from Order Approving Minor Settlements shall remain under seal until further Order of this Court. The Clerk of Court is respectfully directed to correct the docket such that it reflects that the #127 Motion for Relief is a pending motion. Signed by Chief Judge Martin Reidinger on 5/04/2021. (Pro se litigant served by US Mail.) (ejb)
April 23, 2021 Filing 127 SEALED MOTION (Sealed - Attorney): for Relief from Order Approving Minor Settlements by Special Guardian Ad Litem Peggy M. Saunders, counsel for Defendants Burke County Schools Board of Education and Linda Bradshaw consent to this motion; (available to Peggy M. Saunders, P.B., M.B., Burke County Public Schools Board of Education, Linda Bradshaw, Michael Andrew Alexander) (Attachments: #1 Exhibit, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Tripp, S.) Modified on 5/4/2021 to convert from a Sealed Document to Sealed Motion as directed in #128 Order. NEF Regenerated (ejb).
April 23, 2021 Case reassigned to Magistrate Judge W. Carleton Metcalf. Magistrate Judge Dennis Howell no longer assigned to the case. Motions referred to W. Carleton Metcalf: #126 MOTION to Seal Motion for Relief from Order Approving Minor Settlements. This is your only notice - you will not receive a separate document. (hms)
April 22, 2021 Filing 126 MOTION to Seal #127 Motion for Relief from Order Approving Minor Settlements by Peggy M. Saunders. Responses due by 5/6/2021 (Tripp, Samuel). Motions referred to Magistrate Judge W. Carleton Metcalf. NEF regenerated. Modified on 4/23/2021 (hms).
January 27, 2016 Opinion or Order Filing 125 ORDER that the #122 Order to Show Cause is hereby DISCHARGED. Signed by District Judge Martin Reidinger on 1/27/16. (ejb) Modified text on 1/27/2016 (ejb). NEF Regenerated.
January 21, 2016 Minute Entry: SHOW CAUSE HEARING held before District Judge Martin Reidinger. A.B. appeared and gave testimony. No civil contempt found, no fine assessed. Court reporter: Tracy Dunlap, 828-771-7217. (thh)
January 12, 2016 Filing 124 USMS Return of Service for #122 Order to Show Cause & #123 Sealed Addendum served on A.B. on 1/12/16. (ejb)
December 28, 2015 Opinion or Order Filing 123 SEALED ADDENDUM(Sealed - Attorney): re: #122 Order to Show Cause (available to A.B). Signed by District Judge Martin Reidinger on 12/23/2015. (khm)
December 28, 2015 Opinion or Order Filing 122 ORDER TO SHOW CAUSE why Plaintiff A.B. should not be held in civil contempt for failing to appear at the last hearing in this matter and for failing to fulfill her obligations under the terms of the approved settlement in this matter. Show Cause Hearing set for 1/21/2016 10:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. Signed by District Judge Martin Reidinger on 12/23/2015. (khm)
December 28, 2015 Opinion or Order Filing 121 ADDENDUM (Sealed - Attorney): re: #120 Order Substituting Guardian Ad Litem for Minor L.B. (available to A.B). Signed by District Judge Martin Reidinger on 12/23/2015. (khm)
December 28, 2015 Opinion or Order Filing 120 ORDER SUBSTITUTING GUARDIAN AD LITEM FOR MINOR L.B. The total settlement sum for the benefit of minor ward L.B. shall be paid and disbursed as set forth in #111 Sealed Document. M.B. is hereby substituted as guardian ad litem of the minor child L.B. in this matter to fulfill all obligations as more fully set forth in the settlement agreement filed herein. That portion of the Court's prior #112 Order appointing A.B. as guardian ad litem of the minor child L.B. in this matter shall be of no further force and effect and A.B. shall have no authority to act on behalf of the minor child L.B. henceforth with relation to this action. Signed by District Judge Martin Reidinger on 12/23/2015. (khm) Modified text on 12/28/2015 (khm)
December 18, 2015 Minute Entry: SHOW CAUSE HEARING held before District Judge Martin Reidinger. Plaintiffs attorney: Robert M. Tatum. Also Present: Peggy M. Saunders, Special Guardian Ad Litem. Court reporter: Tracy Dunlap, 828-771-7217. (khm)
November 19, 2015 Set/Reset Hearings: Show Cause Hearing RESET for 12/18/2015 10:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. (Special Guardian Ad Litem, Peggy M. Saunders, notified by First Class Mail.) (khm)
November 6, 2015 Opinion or Order Filing 119 ORDER TO SHOW CAUSE why the terms of the approved settlement in this matter have not been carried out. (See order for details.) SHOW CAUSE HEARING set for 12/3/2015 10:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. Signed by District Judge Martin Reidinger on 11/06/15. (Additional attachment added on 11/6/2015: (Sealed - Attorney) #1 Sealed Court's Exhibit). (Available to A.B, Linda Bradshaw, Burke County Public Schools Board of Education) (Copy of this Order and Court's Sealed Exhibit also sent by First Class Mail to Special Guardian Ad Litem, Peggy M. Saunders.) Modified text on 11/6/2015. NEF Regenerated (khm)
September 14, 2015 Filing 118 JUDGMENT in favor of P. B. against Michael Andrew Alexander. Signed by District Judge Martin Reidinger on 9/12/15. (Pro se litigant served by US Mail.)(clc)
June 2, 2015 Filing 117 CONFESSION OF JUDGMENT of Defendant Alexander as to A.B. (Conner, Laura) Modified text on 6/3/2015 (khm).
June 2, 2015 Filing 116 CONFESSION OF JUDGMENT of Defendant Alexander as to P.B. (Conner, Laura) Modified text on 6/3/2015 (khm).
January 23, 2015 Opinion or Order Filing 115 ORDER that these matters are hereby dismissed with prejudice as to all Defendants with the exception of Defendant Michael Andrew Alexander. No costs are assessed to any party; and the Court shall schedule a pretrial conference regarding the Plaintiffs' remaining claims against Defendant Alexander and shall notify the parties forthwith. Signed by District Judge Martin Reidinger on 1/22/15. Associated Cases: 1:12-cv-00334-MR-DLH, 1:13-cv-00009-MR-DLH(Pro se litigant served by US Mail.)(emw)
January 20, 2015 Filing 114 NOTICE by Burke County Public Schools Board of Education of Settlement Disbursement (Poplin, Ashlee)
January 12, 2015 Opinion or Order Filing 113 SEALED ADDENDUM TO ORDER (Sealed - Attorney): Sealed Addendum (available to A.B, P. B., Linda Bradshaw, Burke County Public Schools Board of Education). Signed by District Judge Martin Reidinger on 01/12/2015. (Pro se litigant served by US Mail.)(thh)
January 12, 2015 Opinion or Order Filing 112 ORDER granting #94 Motion Approval of Minor Settlements, and the settlement agreements [110 & 111] filed in this matter are hereby APPROVED. Signed by District Judge Martin Reidinger on 01/12/2015. (Pro se litigant served by US Mail.)(thh)
December 18, 2014 Filing 111 Sealed Document (Sealed - Attorney): Minor Settlement Agreement for A.B. as GAL of L.B. signed by parties re: #94 Consent MOTION for Approval of Minor Settlements (available to A.B, Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (ejb)
December 18, 2014 Filing 110 Sealed Document (Sealed - Attorney): Minor Settlement Agreement for P.B. as GAL of Jane Doe signed by parties re: #94 Consent MOTION for Approval of Minor Settlements. (available to A.B, Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (ejb)
December 18, 2014 Minute Entry: MOTION HEARING held before District Judge Martin Reidinger. Re #94 Consent MOTION for Approval of Minor Settlements . Order to issue. Plaintiffs attorney: Robert Tatum, Laura Conner. Defendants attorney: Andrew Santaniello, Ashlee Poplin. Court reporter: Tracy Dunlap. (khm)
December 15, 2014 Filing 109 STIPULATION of Dismissal Without Prejudice as to Claims Against Defendant Linda Bradshaw Only by A.B, P. B. (Conner, Laura)
December 12, 2014 Filing 108 Sealed Document (Sealed - Attorney): Proposed Minor Settlement Agreement for A.B. as GAL of L.B. re: #94 Consent MOTION for Approval of Minor Settlements by A.B.; (available to A.B, Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (Conner, Laura)
December 12, 2014 Filing 107 Sealed Document (Sealed - Attorney): Proposed Minor Settlement Agreement for P.B. as GAL of Jane Doe re: #94 Consent MOTION for Approval of Minor Settlements by P.B.; (available to A.B, Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (Conner, Laura)
December 12, 2014 NOTICE of Hearing on Motion re: #94 Consent MOTION for Approval of Minor Settlements: Motion Hearing set for 12/18/2014 09:00 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
September 25, 2014 Filing 106 Sealed Document (Sealed - Attorney): Identification of Plaintiffs by A.B.; P.B.; (available to A.B, Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (Conner, Laura)
September 24, 2014 Filing 105 Sealed Document (Sealed - Attorney): Detailed Settlement Agreement - A.B. by A.B.; (available to A.B, Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (Conner, Laura)
September 24, 2014 Filing 104 Sealed Document (Sealed - Attorney): Detailed Settlement Agreement - P.B. by P.B.; (available to A.B, Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (Conner, Laura)
September 24, 2014 Filing 103 Sealed Document (Sealed - Attorney): Burke County Order Identifying Minor and Guardian ad litem by A.B.; (available to A.B, Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (Conner, Laura)
September 24, 2014 Filing 102 Sealed Document (Sealed - Attorney): Burke County Order Identifying Minor and Guardian ad litem by P.B.; (available to A.B, Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (Conner, Laura)
September 23, 2014 Filing 101 NOTICE of Change of Address by Michael Andrew Alexander. (Attachments: #1 Envelope)(ejb)
September 10, 2014 Opinion or Order TEXT-ONLY ORDER Text of Order: In light of the parties' settlement with the Burke County Defendants, the following motions are DENIED AS MOOT; [79,81,83,85,87,89] Motions in Limine So Ordered. Entered by District Judge Martin Reidinger on 09/09/2014. (Pro se litigant served by US Mail.)(thh)
August 11, 2014 Filing 100 Sealed Document (Sealed - Attorney): re: Oral or Text-Only Order, by Burke County Public Schools Board of Education; (available to A.B, P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
June 26, 2014 Filing 99 Sealed Document (Sealed - Attorney): Memorandum of Settlement re: Oral or Text-Only Order, by Burke County Public Schools Board of Education; (available to A.B, P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
June 26, 2014 Minute Entry: MOTION HEARING held before District Judge Martin Reidinger. Re #94 Consent MOTION for Approval of Minor Settlements . Hearing not concluded. To be rescheduled. Plaintiffs attorney: Douglas Fierberg and Robert M. Tatum. Defendants attorney: Andrew Santaniello and Ashlee Poplin. Court reporter: Tracy Dunlap. (khm)
June 26, 2014 TEXT-ONLY ORDER Text of Order: ORDER that defendant's affidavit re insurance coverage, addendums to appointments of guardians ad litem, documents re settlement, mediated settlement agreement, and any other materials disclosing personal identifiers of plaintiffs and their guardians shall be filed under seal. So Ordered. Entered at the direction of District Judge Martin Reidinger on 6/26/14. (Pro se litigant served by US Mail.)(khm)
June 24, 2014 Filing 98 Sealed Document (Sealed - Attorney): Proposed Distribution of Minor Settlements with Exhibits, Memo in Support of Minor Settlements, Proposed Order Allowing Minor Settlements re: #94 Consent MOTION for Approval of Minor Settlements , #95 Consent MOTION to Seal (available to A.B, P. B.) (Attachments: #1 Exhibit A and B - Structured Settlement Proposals, #2 Memorandum in Support of Motion for Approval of Minor Settlements, #3 Proposed Order Approving Minor Settlements)(Conner, Laura)
June 18, 2014 ***RESET HEARING*** NOTICE of Hearing on Motion re: #94 Consent MOTION for Approval of Minor Settlements : Motion Hearing RESET for 6/26/2014 10:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
June 9, 2014 NOTICE of Hearing on Motion re: #94 Consent MOTION for Approval of Minor Settlements: Motion Hearing set for 7/2/2014 10:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
June 6, 2014 Opinion or Order Filing 97 ORDER granting #95 Plaintiff's Motion to File Under Seal, and the Plaintiffs shall be permitted to file documentation supporting the Plaintiffs' Motion for Approval of Minor Settlements under seal. Signed by District Judge Martin Reidinger on 06/06/2014. (Pro se litigant served by US Mail.)(thh)
May 27, 2014 Filing 96 MEMORANDUM in Support re #95 Consent MOTION to Seal Documents Supporting Motion for Approval of Minor Settlements by A.B, P. B.. (Conner, Laura)
May 27, 2014 Filing 95 Consent MOTION to Seal by A.B, P. B..Responses due by 6/13/2014 (Attachments: #1 Proposed Order)(Conner, Laura). Motions referred to Dennis Howell.
May 27, 2014 Filing 94 Consent MOTION for Approval of Minor Settlements by A.B, P. B..Responses due by 6/13/2014 (Conner, Laura)
April 26, 2014 Opinion or Order Filing 93 ORDER that Plaintiffs shall have 30 days from the entry of this Order to file motions for approval of the minor settlements. Defendants' Motions for Summary Judgment [ 41, 62] are DENIED AS MOOT. In light of the parties' settlement of the claims pending against Defendants Burke County Public Schools Board of Education and Linda Bradshaw, the pretrial conference currently scheduled for April 29, 2014 is CANCELLED, and these cases are CONTINUED from the May 12, 2014 trial calendar. Signed by District Judge Martin Reidinger on 04/25/2014. (Pro se litigant served by US Mail.)(thh)
April 25, 2014 Filing 92 STATUS REPORT of Mediation Status by C. Frank Goldsmith (Goldsmith, C.)
April 25, 2014 NOTICE of Cancellation of FINAL PRETRIAL CONFERENCE scheduled for 4/29/2014. (khm)
April 23, 2014 Filing 91 REPORT of Mediation by C. Frank Goldsmith. Outcome of Mediation: Partially Settled. (Goldsmith, C.)
April 15, 2014 Filing 90 MEMORANDUM in Support re #89 MOTION in Limine re Hersh by A.B, P. B.. (Attachments: #1 Exhibit A - Hersh CV, #2 Exhibit B - Hersh Report)(Conner, Laura)
April 15, 2014 Filing 89 MOTION in Limine re Hersh by A.B, P. B..Responses due by 5/2/2014 (Conner, Laura)
April 15, 2014 Filing 88 MEMORANDUM in Support re #87 MOTION in Limine re Palmes by A.B, P. B.. (Conner, Laura)
April 15, 2014 Filing 87 MOTION in Limine re Palmes by A.B, P. B..Responses due by 5/2/2014 (Conner, Laura)
April 15, 2014 Filing 86 MEMORANDUM in Support re #85 MOTION in Limine re Palmes pursuant to Daubert by A.B, P. B.. (Attachments: #1 Exhibit A - Emails, #2 Exhibit B - Lamb, et al., #3 Exhibit C - Lamb, Garretson Abstract, #4 Exhibit D - Crouch)(Conner, Laura)
April 15, 2014 Filing 85 MOTION in Limine re Palmes pursuant to Daubert by A.B, P. B..Responses due by 5/2/2014 (Conner, Laura)
April 15, 2014 Filing 84 MEMORANDUM in Support re #83 MOTION in Limine re Undisclosed Evidence by A.B, P. B.. (Attachments: #1 Exhibit A - R. 26 Disclosure - Jane Doe, #2 Exhibit B - R. 26 Disclosure - L.B., #3 Exhibit C - 1-10-14 email, #4 Exhibit D - 3-13-14 email, #5 Exhibit E - 3-14-14 email, #6 Exhibit F - 3-20-14 email, #7 Exhibit G - 4-2-14 email)(Conner, Laura) Modified text on 5/5/2014 (ejb).
April 15, 2014 Filing 83 MOTION in Limine re Undisclosed Evidence by A.B, P. B..Responses due by 5/2/2014 (Conner, Laura)
April 15, 2014 Filing 82 MEMORANDUM in Support re #81 MOTION in Limine re Certain Evidence by Linda Bradshaw, Burke County Public Schools Board of Education. (Santaniello, Andrew)
April 15, 2014 Filing 81 MOTION in Limine re Certain Evidence by Linda Bradshaw, Burke County Public Schools Board of Education.Responses due by 5/2/2014 (Santaniello, Andrew)
April 15, 2014 Filing 80 MEMORANDUM in Support re #79 MOTION in Limine re Subsequent Remedial Measures by Linda Bradshaw, Burke County Public Schools Board of Education. (Santaniello, Andrew)
April 15, 2014 Filing 79 MOTION in Limine re Subsequent Remedial Measures by Linda Bradshaw, Burke County Public Schools Board of Education.Responses due by 5/2/2014 (Santaniello, Andrew)
April 8, 2014 NOTICE of Hearing: Final Pretrial Conference set for 4/29/2014 02:00 PM in Courtroom, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
March 5, 2014 Opinion or Order Filing 78 ORDER that the parties in the above-referenced civil actions shall conduct a joint mediation session on or before April 15, 2014. (See Order for Further Details)Signed by District Judge Martin Reidinger on 03/04/2014. (Pro se litigant served by US Mail.)(thh)
February 28, 2014 Minute Entry: MOTION HEARING held before District Judge Martin Reidinger. Re #62 MOTION for Summary Judgment, #41 MOTION for Summary Judgment . Motion taken under advisement, order to issue. Plaintiffs attorney: Douglas Fierberg and Robert Tatum. Defendants attorney: Andrew Santaniello and Ashlee Poplin. Court reporter: Tracy Dunlap. (khm)
January 31, 2014 Set/Reset Hearings: Jury Trial RESET for 5/12/2014 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. (khm)
January 28, 2014 Filing 77 Sealed Document (Sealed - Attorney): Barber Deposition re: #63 Response in Opposition to Motion, #64 Response in Opposition to Motion by P.B.; A.B.; (available to A.B, P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Conner, Laura)
January 28, 2014 Filing 76 Sealed Document (Sealed - Attorney): Putnam Deposition re: #63 Response in Opposition to Motion, #64 Response in Opposition to Motion by P.B.; A.B.; (available to A.B, P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Conner, Laura)
January 28, 2014 Filing 75 Sealed Document (Sealed - Attorney): Burleson Deposition re: #63 Response in Opposition to Motion, #64 Response in Opposition to Motion by P.B.; A.B.; (available to A.B, P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Conner, Laura)
January 28, 2014 Filing 74 Sealed Document (Sealed - Attorney): P.B.; A.B. re: #63 Response in Opposition to Motion, #64 Response in Opposition to Motion by P.B.; A.B.; (available to A.B, P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Conner, Laura)
January 28, 2014 Filing 73 Sealed Document (Sealed - Attorney): Jane Doe medical records excerpts re: #63 Response in Opposition to Motion, #64 Response in Opposition to Motion by P.B.; A.B.; (available to A.B, P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Conner, Laura)
January 28, 2014 Filing 72 Sealed Document (Sealed - Attorney): K.S. Deposition re: #63 Response in Opposition to Motion, #64 Response in Opposition to Motion by P.B.; A.B.; (available to A.B, P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Conner, Laura)
January 24, 2014 Opinion or Order Filing 71 ORDER granting #67 Motion to Continue 1/31/14 Summary Judgment Hearing. Motion Hearing RESET for 2/28/2014 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. Signed by District Judge Martin Reidinger on 1/24/14. (Pro se litigant served by US Mail.)(ejb)
January 24, 2014 Opinion or Order Filing 70 ORDER granting #65 Motion to File Documents Under Seal. Signed by District Judge Martin Reidinger on 1/24/14. (Pro se litigant served by US Mail.)(ejb)
January 20, 2014 Filing 69 REPLY to Response to Motion re #62 MOTION for Summary Judgment by Linda Bradshaw, Burke County Public Schools Board of Education. (Poplin, Ashlee)
January 20, 2014 Filing 68 REPLY to Response to Motion re #41 MOTION for Summary Judgment by Linda Bradshaw, Burke County Public Schools Board of Education. (Poplin, Ashlee)
January 17, 2014 Filing 67 Consent MOTION to Continue Summary Judgment Hearing by Linda Bradshaw, Burke County Public Schools Board of Education.Responses due by 2/3/2014 (Santaniello, Andrew)
January 17, 2014 NOTICE of Hearing on Motion re: #41 MOTION for Summary Judgment , #62 MOTION for Summary Judgment: Motion Hearing set for 1/31/2014 11:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
January 10, 2014 Filing 66 MEMORANDUM in Support re #65 MOTION to Seal Document by A.B, P. B.. (Conner, Laura)
January 10, 2014 Filing 65 MOTION to Seal Document by A.B, P. B..Responses due by 1/27/2014 (Attachments: #1 Proposed Order)(Conner, Laura). Motions referred to Dennis Howell.
January 10, 2014 Filing 64 RESPONSE in Opposition re #62 MOTION for Summary Judgment by A.B. Replies due by 1/21/2014 (Conner, Laura)
January 10, 2014 Filing 63 RESPONSE in Opposition re #41 MOTION for Summary Judgment by P. B.. Replies due by 1/21/2014 (Conner, Laura)
January 6, 2014 Opinion or Order Filing 61 ORDER in case 1:12-cv-00334-MR-DLH; granting (29) Motion to Consolidate Cases for Trial. All further pleadings to be electronically filed to: 1:12-cv-334 only. Member Case: 1:13-cv-9 to be administratively closed in case 1:13-cv-00009-MR-DLH. Signed by District Judge Martin Reidinger on 1/4/2014. (Pro se litigant served by US Mail.)(tmg)
December 16, 2013 Opinion or Order Filing 60 ORDER granting #46 Motion for Extension of Time to File Response re #41 MOTION for Summary Judgment Responses due by 1/10/2014. Signed by District Judge Martin Reidinger on 12/16/2013. (Pro se litigant served by US Mail.)(thh)
December 9, 2013 Filing 59 Sealed Document (Sealed - Attorney): Portion of Jane Doe's Academic Record re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 58 Sealed Document (Sealed - Attorney): Shakeshaft Deposition Transcript re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 57 Sealed Document (Sealed - Attorney): SBI Plea Agreement re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 56 Sealed Document (Sealed - Attorney): SBI Amos Interview re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 55 Sealed Document (Sealed - Attorney): SBI Interview of Agent Wydra re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 54 Sealed Document (Sealed - Attorney): SBI Interview of Acord re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 53 Sealed Document (Sealed - Attorney): SBI Arrest Warrant of Alexander re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 52 Sealed Document (Sealed - Attorney): Letter to Parents re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 51 Sealed Document (Sealed - Attorney): Carmichael Deposition Transcript re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 50 Sealed Document (Sealed - Attorney): Bradshaw Deposition Transcript re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 49 Sealed Document (Sealed - Attorney): Amos Deposition Transcript re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 9, 2013 Filing 48 Sealed Document (Sealed - Attorney): Acord Deposition Transcript re: #41 MOTION for Summary Judgment by Burke County Public Schools Board of Education and Bradshaw; (available to P. B., Linda Bradshaw, Burke County Public Schools Board of Education) (Santaniello, Andrew)
December 6, 2013 Opinion or Order Filing 47 ORDER granting #43 Motion to Seal. Defendants may file under seal with access restricted to the Court and the attorneys of record in this case the documents set forth in Defendants motion #43 . Signed by Magistrate Judge Dennis Howell on 12/06/2013. (Pro se litigant served by US Mail.)(thh)
December 5, 2013 Filing 46 MOTION for Extension of Time to File Response/Reply re: #41 MOTION for Summary Judgment by P. B..Responses due by 12/23/2013 (Attachments: #1 Proposed Order)(Conner, Laura). Motions referred to Dennis Howell.
December 4, 2013 Filing 45 REPORT of Mediation by C. Frank Goldsmith. Outcome of Mediation: Parties reached an Impasse. (Goldsmith, C.)
November 27, 2013 Filing 62 MOTION for Summary Judgment by Linda Bradshaw, Burke County Public Schools Board of Education. (Attachments: #1 Memorandum) [Originally filed in case 1:13-cv3 as Doc No 42](tmg)
November 27, 2013 Filing 44 MEMORANDUM in Support re #43 MOTION to Seal by Linda Bradshaw, Burke County Public Schools Board of Education. (Santaniello, Andrew)
November 27, 2013 Filing 43 MOTION to Seal by Linda Bradshaw, Burke County Public Schools Board of Education.Responses due by 12/16/2013 (Attachments: #1 Proposed Order Proposed Order to Seal)(Santaniello, Andrew). Motions referred to Dennis Howell.
November 27, 2013 Filing 42 MEMORANDUM in Support re #41 MOTION for Summary Judgment by Linda Bradshaw, Burke County Public Schools Board of Education. (Santaniello, Andrew)
November 27, 2013 Filing 41 MOTION for Summary Judgment by Linda Bradshaw, Burke County Public Schools Board of Education.Responses due by 12/16/2013 (Santaniello, Andrew)
November 21, 2013 Filing 40 NOTICE of Filing of Motion for Consolidation of Cases re: Case Nos. 1:13-cv-9 (Santaniello, Andrew)
November 15, 2013 Opinion or Order Filing 39 ORDER granting #38 Motion to Substitute Attorney. Attorney Summer D. Eudy terminated. Signed by Magistrate Judge Dennis Howell on 11/14/13. (Pro se litigant served by US Mail.)(emw)
November 13, 2013 Filing 38 MOTION to Substitute Attorney Summer D. Eudy by Linda Bradshaw, Burke County Public Schools Board of Education. (Poplin, Ashlee). Motions referred to Dennis Howell.
June 3, 2013 Opinion or Order Filing 37 ORDER granting in part and denying in part without prejudice [Doc. 7 filed in 1:13-cv-09] Motion to Consolidate Case 1:13-cv-9 with 1:12-cv-334. Either party may file renewed motion to consolidate for trial within 20 days of the close of discovery. At that time, the District Court can determine whether or not to consolidate case for trial. Signed by Magistrate Judge Dennis Howell on 6/3/13. (Pro se litigant served by US Mail.)(ejb)
June 3, 2013 Opinion or Order Filing 36 ORDER granting #33 Motion for Extension of Time of Scheduling Order Deadlines. Pltfs' expert reports due 8/1/2103. Defts' expert reports due 10/1/2013. Mediation deadline RESET for 1/15/2014. Signed by Magistrate Judge Dennis Howell on 6/3/13. (Pro se litigant served by US Mail.)(ejb)
June 3, 2013 Filing 35 Deleted Document. Per LR 26.2 discovery material not to be filed unless ordered by the Court. Modified on 6/4/2013 (ejb). NEF Regenerated.
June 3, 2013 Filing 34 Deleted Document. Per LR 26.2 discovery material not to be filed unless ordered by the Court. Modified on 6/4/2013 (ejb). NEF Regenerated.
May 31, 2013 Filing 33 Consent MOTION for Extension of Time of Scheduling Order Deadlines by P. B..Responses due by 6/17/2013 (Attachments: #1 Proposed Order)(Saffell, James). Motions referred to Dennis Howell.
May 14, 2013 Opinion or Order Filing 32 ORDER denying #31 Motion for Order Regarding Release of Burke County District Attorney's Office Investigation Records. Signed by Magistrate Judge Dennis Howell on 5/14/13. (Pro se litigant Michael Andrew Alexander served by US Mail) and (James C. Gather, Jr., D.A., Burke County Courthouse, 201 S. Greene St., Morganton, NC 28655 served with a copy of this Order and Pltf's #31 motion by US Mail as instructed.)(ejb)
May 10, 2013 Filing 31 MOTION For Order Regarding Release of Burke County District Attorneys Office Investigation Records by P. B..Responses due by 5/28/2013 (Attachments: #1 Proposed Order)(Conner, Laura)
May 10, 2013 Motion referred to Dennis Howell: #31 MOTION For Order Regarding Release of Burke County District Attorneys Office Investigation Records. (ejb)
April 22, 2013 Filing 30 NOTICE by P. B. Designation of Frank Goldsmith as Mediator (Saffell, James) Modified text on 6/3/2013 (ejb).
April 8, 2013 Opinion or Order Filing 29 ORDER granting in part and reserving for decision by the District Court in part [Doc. 7 filed in 1:13-cv-09] MOTION to Consolidate this Case with 1:12-cv-00334; joining 1:13cv09 & 1:12-cv-334 for the purposes of discovery and reserving the decision as to whether or not to grant Defts' motion for consolidation for trial to the District Court, to be determined after the completion of discovery in these two cases. Signed by Magistrate Judge Dennis Howell on 4/5/13. (Pro se litigant served by US Mail.)(ejb)
March 29, 2013 Opinion or Order Filing 28 ORDER granting #27 Motion for Leave to file Documents under Seal. Signed by Magistrate Judge Dennis Howell on 3/29/13. (Pro se litigant served by US Mail.) (ejb)
March 27, 2013 Filing 27 MOTION to Seal Document by P. B..Responses due by 4/15/2013 (Attachments: #1 Proposed Order)(Saffell, James). Motions referred to Dennis Howell.
March 26, 2013 Opinion or Order Filing 26 Pretrial Order and Case Management Plan: Estimated Trial Time: 5 days. Discovery due by 11/1/2013. Motions due by 12/1/2013. Mediation deadline set for 11/15/2013. Jury Trial set for 5/5/2014 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. Signed by Magistrate Judge Dennis Howell on 03/25/13. (Pro se litigant served by US Mail.)(emw)
March 19, 2013 Opinion or Order Filing 25 ORDER granting #24 Motion for Protective Order. Signed by Magistrate Judge Dennis Howell on 3/18/13. (Attachments: #1 PROTECTIVE ORDER for Investigative Report of the S.B.I.) (Pro se litigant served by US Mail.)(ejb)
March 13, 2013 Filing 24 Consent MOTION for Protective Order for release of the SBI File by Linda Bradshaw, Burke County Public Schools Board of Education.Responses due by 4/1/2013 (Attachments: #1 Proposed Order Consent Order)(Santaniello, Andrew). Motions referred to Dennis Howell.
March 7, 2013 Filing 23 Corporate Disclosure Statement by P. B. (Saffell, James)
March 7, 2013 Filing 22 NOTICE by P. B. of Appointment of Guardian ad Litem (Attachments: #1 Exhibit Appointment of GAL)(Saffell, James)
March 1, 2013 Opinion or Order Filing 21 ORDER re: Appointment of Guardian Ad Litem. Signed by Magistrate Judge Dennis Howell on 02/28/2013. (Pro se litigant served by US Mail.)(thh)
March 1, 2013 Filing 20 NOTICE of Filing of Motion for Consolidation of Cases re: Case Nos. 1:13-cv-0009 (Santaniello, Andrew)
March 1, 2013 Filing 19 Corporate Disclosure Statement by Linda Bradshaw (Santaniello, Andrew)
February 26, 2013 Filing 18 NOTICE of Appearance by Summer Danielle Eudy on behalf of Linda Bradshaw, Burke County Public Schools Board of Education (Eudy, Summer)
February 22, 2013 Filing 17 CERTIFICATION of initial attorney conference and discovery plan (Santaniello, Andrew)
February 15, 2013 NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. vv At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference should be filed within 7 days of the conference.vv If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. (ejb)
February 12, 2013 Filing 16 ANSWER (re-filed) to #1 Complaint by Michael Andrew Alexander. (Attachments: #1 Envelope)(ejb)
February 6, 2013 Opinion or Order Filing 15 ORDER granting #14 Motion for Leave to Appear Pro Hac Vice added James W. Saffell for P. B., as lawful guardian ad litem of Minor Child, Jane Doe. Signed by Magistrate Judge Dennis Howell on 2/6/13. (Pro se litigant served by US Mail.)(ejb)
February 6, 2013 Notice to Atty James W. Saffell: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 2/19/2013. (ejb)
February 5, 2013 Filing 14 MOTION for Leave to Appear Pro Hac Vice as to James W. Saffell Filing fee $ 276, receipt number 0419-1910323. by P. B.. (Tatum, Robert). Motions referred to Dennis Howell.
January 30, 2013 Opinion or Order Filing 13 ORDER that the Defendant shall re-file his Answer within fourteen (14) days of the entry of this Order. Signed by District Judge Martin Reidinger on 1/30/13. (Pro se litigant served by US Mail.)(nll)
January 16, 2013 Filing 12 Sealed Document (Sealed - Attorney): ANSWER to #1 Complaint by Michael Andrew Alexander; (available to Michael Andrew Alexander, P. B., Linda Bradshaw, Burke County Public Schools Board of Education, John Roes) (Attachments: #1 Envelope)(ejb)
January 16, 2013 Filing 11 NOTICE of Appearance by Karl Dean Shatley, II on behalf of Linda Bradshaw, Burke County Public Schools Board of Education (Shatley, Karl)
December 13, 2012 Filing 10 ANSWER to #1 Complaint with Jury Demand by Linda Bradshaw, Burke County Public Schools Board of Education.(Santaniello, Andrew)
December 4, 2012 SECOND Notice to Peter Grenier: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/14/2012. (bsw)
November 19, 2012 Opinion or Order Filing 9 ORDER granting #8 Motion for Extension of Time to Answer. Linda Bradshaw answer and Burke County Public Schools Board of Education answers due 12/12/2012. Signed by Magistrate Judge Dennis Howell on 11/17/2012. (thh)
November 14, 2012 Filing 8 MOTION for Extension of Time to Answer re: #1 Complaint by Linda Bradshaw, Burke County Public Schools Board of Education. (Attachments: #1 Proposed Order Granting Motion for Extension of Time)(Santaniello, Andrew). Motions referred to Dennis Howell. Modified text on 1/15/2013 (ejb).
November 1, 2012 Opinion or Order Filing 7 ORDER granting #4 Motion for Leave to Appear Pro Hac Vice, added Douglas E. Fierberg for P. B. Signed by Magistrate Judge Dennis Howell on 11/1/12. (ejb)
November 1, 2012 Opinion or Order Filing 6 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice, added Peter C. Grenier for P. B. Signed by Magistrate Judge Dennis Howell on 11/1/12. (ejb)
November 1, 2012 Notice to Attorneys Douglas E. Fierberg (dfierberg@bode.com) & Peter C. Grenier (pgrenier@bode.com): Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/13/2012. (ejb)
October 31, 2012 Filing 5 MOTION for Leave to Appear Pro Hac Vice as to Peter C. Grenier Filing fee $ 276, receipt number 0419-1833472. by P. B.. (Tatum, Robert). Motions referred to Dennis Howell.
October 31, 2012 Filing 4 MOTION for Leave to Appear Pro Hac Vice as to Douglas E. Fierberg Filing fee $ 276, receipt number 0419-1833465. by P. B.. (Tatum, Robert). Motions referred to Dennis Howell.
October 25, 2012 Filing 3 NOTICE of Appearance by Laura E. Conner on behalf of P. B. (Conner, Laura)
October 22, 2012 Filing 2 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb)
October 22, 2012 Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 350 receipt number 0419-1823484), filed by P.B., as lawful guardian ad litem of Minor Child, Jane Doe.(Tatum, Robert)
October 22, 2012 Case assigned to District Judge Martin Reidinger and Magistrate Judge Dennis Howell. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (ejb)

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Search for this case: P.B. v. Burke County Public Schools Board of Education et al
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Consolidated plaintiff: A.B
Represented By: Laura E. Conner
Represented By: Robert M. Tatum
Represented By: Douglas E. Fierberg
Represented By: Peter C. Grenier
Represented By: James W. Saffell
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Consolidated plaintiff: M.B.
Represented By: Douglas E. Fierberg
Represented By: James W. Saffell
Represented By: Peter C. Grenier
Represented By: Laura E. Conner
Represented By: Robert M. Tatum
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Plaintiff: P. B.
Represented By: Laura E. Conner
Represented By: Robert M. Tatum
Represented By: Douglas E. Fierberg
Represented By: James W. Saffell
Represented By: Peter C. Grenier
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Defendant: Michael Andrew Alexander
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Defendant: Linda Bradshaw
Represented By: Andrew James Santaniello
Represented By: Ashlee B. Poplin
Represented By: K. Dean Shatley, II
Represented By: Summer D. Eudy
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Defendant: Burke County Public Schools Board of Education
Represented By: Andrew James Santaniello
Represented By: Ashlee B. Poplin
Represented By: K. Dean Shatley, II
Represented By: Summer D. Eudy
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Defendant: John Roes
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Petitioner: Guardian Ad Litem Peggy M. Saunders
Represented By: Wyatt S. Stevens
Represented By: S. Wesley Tripp, III
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