Allen et al v. Cherokee County, NC et al
| A. D., J. B., Da. P., J. S., J. D., P. M., S. W., Libby Helms, Ad. D., De. P., Z. B., M. D., C. L., A. B., Jeremy Silvers, J. A., P. A., G. A., B. S., K. D., A. C., Katrina Ledford, Amanda Timpson, A. H., Martha Killian, Regina Maney, L. T., D. S., Samantha Torres, Alice Derreberry, Patricia Simonds, J. H., Melanie Dyer, Desiree Reilly, Au. D., Nathan Davenport, Z. A., T. P., K. L., C. A., Stephen Downey, Dar. W., C. D., Kelley Walker, Desmond Champagne, Sheena Dockery, Hannah Allen, Caine Burnette, Stephen Ashe, Sarah Crapse, M. C., V. W., E. M., A. R., Dam. W., Robert Derreberry, L. R., Jessica Farquhar, Jamie Allen, Sherry Garland, Michael Mathieu, Tessa Dorsey, Tienda Rose Phillips, Desean Amir Patterson, Shalees Greenlee, Ernie Carter, T. G., Cheyenne Spicola, J. G. and K. C. |
| Cindy Palmer, Scott Lindsay, Lisa Davis, Cherokee County, NC and Donna Crawford |
| 1:2020cv00250 |
| September 11, 2020 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Martin Reidinger |
| Other Statutory Actions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
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Filing 18
REPLY to Response to Motion re #11 MOTION to Dismiss for Failure to State a Claim by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). (Perrin, Sean)
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Filing 17
REPLY to Response to Motion re #13 MOTION to Sever by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). (Perrin, Sean)
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Filing 16
RESPONSE to Motion re #13 MOTION to Sever by all plaintiffs. Replies due by 11/9/2020 (Christian, D.) Modified filers on 11/4/2020. (maf)
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Filing 15
RESPONSE in Opposition re #11 MOTION to Dismiss for Failure to State a Claim by all plaintiffs. Replies due by 11/9/2020 (Christian, D.) Modified filers on 11/4/2020. (maf)
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Filing 14
MEMORANDUM in Support re #13 MOTION to Sever by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). (Perrin, Sean)
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Filing 13
MOTION to Sever by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). Responses due by 11/2/2020 (Perrin, Sean). Motions referred to W. Carleton Metcalf.
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Filing 12
MEMORANDUM in Support re #11 MOTION to Dismiss Second Amended Complaint for Failure to State a Claim by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2)(Perrin, Sean) Modified on 10/20/2020 (khm).
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Filing 11
MOTION to Dismiss Second Amended Complaint for Failure to State a Claim by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). Responses due by 11/2/2020 (Perrin, Sean). Motions referred to W. Carleton Metcalf. Modified text on 10/20/2020. (khm)
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Set Deadlines: Deadline for defendants to respond to the #9 Second Amended Complaint is set to 10/20/2020. (maf)
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Filing 10
ORDER denying as moot #2 Motion to Dismiss for Failure to State a Claim; denying as moot #5 Motion to Sever for Improper Joinder Pursuant to Rules 20 and 21. Signed by Magistrate Judge W. Carleton Metcalf on 10/8/2020. (kby) Modified signature date on 10/19/2020 (rth).
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Filing 9
SECOND AMENDED COMPLAINT filed with the written consent of the Defendants under F.R. Civ. P. 15(a)(2), with Jury Demand, filed by M. D., J. A., B. S., Shalees Greenlee, Jessica Farquhar, Sheena Dockery, Sarah Crapse, J. D., P. M., Da. P., Desiree Reilly, Tessa Dorsey, G. A., K. D., Stephen Downey, A. H., Dar. W., Patricia Simonds, C. L., M. C. (Parent Regina Maney), Dam. W., J. S., Z. B., Sherry Garland, Stephen Ashe, L. R., T. P., E. M., A. R., Caine Burnette, De. P., Kelley Walker, Melanie Dyer, Jamie Allen, P. A., Desmond Champagne, Hannah Allen, A. C., Tienda Rose Phillips, A. B., J. H., Martha Killian, Z. A., Desean Amir Patterson, S. W., J. B., Regina Maney, Samantha Torres, Nathan Davenport, C. A., Libby Helms, K. L., D. S., A. D., Jeremy Silvers, Katrina Ledford, C. D., L. T., V. W., Amanda Timpson Ernie Carter, Cheyenne Spicola, J. G., T.G., K.C. and M.C. (Parent Sarah Crapse) against all Defendants,.(Christian, D.) Modified docket text and filing parties on 10/8/2020. (maf)
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Filing 8
MEMORANDUM in Opposition re #5 MOTION to Sever by C. A., G. A., J. A., P. A., Z. A., Hannah Allen, Jamie Allen, Stephen Ashe, A. B., J. B., Z. B., Caine Burnette, A. C., M. C., Desmond Champagne, Sarah Crapse, A. D., Ad. D., Au. D., C. D., J. D., K. D., M. D., Nathan Davenport, Alice Derreberry, Robert Derreberry, Sheena Dockery, Tessa Dorsey, Stephen Downey, Melanie Dyer, Jessica Farquhar, Sherry Garland, Shalees Greenlee, A. H., J. H., Libby Helms, Martha Killian, C. L., K. L., Katrina Ledford, E. M., P. M., Regina Maney, Michael Mathieu, Da. P., De. P., T. P., Desean Amir Patterson, Tienda Rose Phillips, A. R., L. R., Desiree Reilly, B. S., D. S., J. S., Jeremy Silvers, Patricia Simonds, L. T., Amanda Timpson, Samantha Torres, Dam. W., Dar. W., S. W., V. W., Kelley Walker. Replies due by 10/9/2020 (Christian, D.)
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Filing 7
MEMORANDUM in Opposition re #2 MOTION to Dismiss for Failure to State a Claim by C. A., G. A., J. A., P. A., Z. A., Hannah Allen, Jamie Allen, Stephen Ashe, A. B., J. B., Z. B., Caine Burnette, A. C., M. C., Desmond Champagne, Sarah Crapse, A. D., Ad. D., Au. D., C. D., J. D., K. D., M. D., Nathan Davenport, Alice Derreberry, Robert Derreberry, Sheena Dockery, Tessa Dorsey, Stephen Downey, Melanie Dyer, Jessica Farquhar, Sherry Garland, Shalees Greenlee, A. H., J. H., Libby Helms, Martha Killian, C. L., K. L., Katrina Ledford, E. M., P. M., Regina Maney, Michael Mathieu, Da. P., De. P., T. P., Desean Amir Patterson, Tienda Rose Phillips, A. R., L. R., Desiree Reilly, B. S., D. S., J. S., Jeremy Silvers, Patricia Simonds, L. T., Amanda Timpson, Samantha Torres, Dam. W., Dar. W., S. W., V. W., Kelley Walker. Replies due by 10/9/2020 (Christian, D.)
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Filing 6
MEMORANDUM in Support re #5 MOTION to Sever by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). (Perrin, Sean)
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Filing 5
MOTION to Sever by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). Responses due by 10/2/2020 (Perrin, Sean). Motions referred to W. Carleton Metcalf.
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Filing 4
ORDER on Motion to Consolidate Cases: 1) With respect to Hogan, 1:18 CV 96, the Motion to Consolidate (Doc. 45) is DENIED and the parties' oral motion to extend the discovery deadline is DENIED. 2) With respect to the remaining matters, the Motion to Consolidate is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge W. Carleton Metcalf on 9/18/2020. (Docketed in all associated cases: 1:18-cv-00096-MR-WCM, 1:20-cv-00199-MR-WCM, 1:20-cv-00201-MR-WCM, 1:20-cv-00202-MR-WCM, and 1:20-cv-00250-MR-WCM). (maf)
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Filing 3
MEMORANDUM in Support re #2 MOTION to Dismiss for Failure to State a Claim by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2)(Perrin, Sean)
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Filing 2
MOTION to Dismiss for Failure to State a Claim by Cherokee County, NC, Donna Crawford(in her official capacity as Director of Cherokee County Department of Social Services), Lisa Davis(in her official capacity of Director of Cherokee County Department of Social Services), Scott Lindsay(in his official capacity as DSS attorney for Cherokee County), Scott Lindsay(in his individual capacity), Cindy Palmer(in her individual capacity), Cindy Palmer(in her official capacity as Director of the Cherokee County Department of Social Services). Responses due by 10/2/2020 (Perrin, Sean). Motions referred to W. Carleton Metcalf.
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Filing 1
NOTICE OF REMOVAL with Jury Demand from Cherokee County District Court Div., case number 20-CVD-344. (Filing fee $ 400 receipt number 0419-4663552), filed by Scott Lindsay(in his official capacity), Lisa Davis(in her official capacity), Cindy Palmer(in her official capacity), Cherokee County, NC, Donna Crawford(in her official capacity). (Attachments: #1 Exhibit A - Cherokee County State Court File 20-CVD-344)(Perrin, Sean)
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Case assigned to Chief Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (maf)
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Set Deadlines: Deadline for Cherokee County, NC, Donna Crawford (in her official capacity), Lisa Davis (in her official capacity), Scott Lindsay (in his official capacity), Scott Lindsay (in his individual capacity) Cindy Palmer (in her individual capacity), and Cindy Palmer (in her official capacity) to respond to the Amended Complaint set to 9/18/2020. (maf)
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