Benson et al v. Lancaster County School District et al
| Alexis Benson and Kevin Carberry, Sr. |
| Lancaster County School District, Superintendent Johnathan Phipps, Lindsay Marino, Nicole Lee, South Carolina Department of Education, The, Barbara Drayton, Kimberly Blackburn, Vernie Williams, David Duff, Meredith Seibert, Brian P. Murphy, Perry Zirkel and Mitchell Yell |
| 0:2023cv01488 |
| April 12, 2023 |
| US District Court for the District of South Carolina |
| Shiva V Hodges |
| Sherri A Lydon |
| Civil Rights: Education |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.
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Filing 18
OBJECTION to #16 Report and Recommendation by Alexis Benson, Kevin Carberry, Sr.. Reply to Objections due by 6/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope) (lbak)
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Filing 17
***DOCUMENTS MAILED #16 REPORT AND RECOMMENDATION placed in U.S. Mail from Columbia Clerks Office to Alexis Benson, 235 Straightaway Lane, Fort Mill, SC 29707 and Kevin Carberry, Sr., 4517 Kaylied Lane, Fort Mill, SC 29707. (lbak)
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Filing 16
REPORT AND RECOMMENDATION recommending the district judge deny Plaintiffs' motions to proceed IFP. If the district judge accepts this recommendation, Plaintiffs are granted 14 days from the date of the order to submit the required filing fee. Objections to R&R due by 6/14/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Shiva V. Hodges on 5/31/2023. (lbak)
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Filing 14
Local Rule 26.01 Answers to Interrogatories by Kevin Carberry, Sr. (Attachments: #1 Envelope) (lbak)
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Filing 13
Local Rule 26.01 Answers to Interrogatories by Alexis Benson. (Attachments: #1 Envelope) (lbak)
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Filing 12
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Kevin Carberry, Sr. Response to Motion due by 6/13/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (lbak)
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Filing 11
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Alexis Benson. Response to Motion due by 6/13/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (lbak)
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Filing 10
AMENDED COMPLAINT against All Defendants, filed by Kevin Carberry, Sr, Alexis Benson. (Attachments: #1 Cover Letter, #2 Supporting Documents, #3 Envelope) (lbak)
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Filing 9
***DOCUMENTS MAILED #7 Proper Form Order, #8 Order, standard complaint form, IFP Application, one Summons, 13 Forms USM-285 and 26.01 Interrogatories (one set for each Plaintiff) placed in U.S. Mail from Columbia Clerks Office to Alexis Benson, 235 Straightaway Lane, Fort Mill, SC 29707 and Kevin Carberry, Sr., 4517 Kaylied Lane, Fort Mill, SC 297007. (lbak)
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Filing 8
ORDER AND NOTICE permitting Plaintiffs until June 5, 2023 to retain counsel authorized to practice in this court to represent K.J.C.'s interests. If no counsel enters an appearance on the record on behalf of K.J.C. by June 5, 2023, the undersigned will recommend to the district judge that any claims that might properly be brought on behalf of K.J.C. be dismissed without prejudice. Plaintiffs may file an amended complaint by June 5, 2023, along with any appropriate service documents. Plaintiffs are reminded an amended complaint replaces the original complaint and should be complete in itself. If Plaintiffs fail to file an amended complaint or fail to cure the deficiencies identified above, the undersigned will recommend to the district judge that all the claims except for Ms. Benson's and Mr. Carberry's claims under the IDEA be dismissed without leave for further amendment. (Specific Document due by 6/5/2023.) Signed by Magistrate Judge Shiva V. Hodges on 5/15/2023. (lbak)
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Filing 7
PROPER FORM ORDER Case to be brought into proper form by 6/5/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Shiva V. Hodges on 5/15/2023. (lbak)
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Filing 5
AMENDED COMPLAINT against All Defendants, filed by Kevin Carberry, Sr, Alexis Benson. (Attachments: #1 Cover Letter, #2 Envelope) (lbak)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Alexis Benson. Response to Motion due by 4/26/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (lbak)
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Filing 1
COMPLAINT against Kimberly Blackburn, Barbara Drayton, David Duff, Lancaster County School District, Nicole Lee, Lindsay Marino, Brian P. Murphy, Johnathan Phipps, Meredith Seibert, South Carolina Department of Education, The, Vernie Williams, Mitchell Yell, Perry Zirkel, filed by Kevin Carberry, Sr, Alexis Benson. (Attachments: #1 Exhibit A - December 8th SRO Order, #2 Exhibit B - March 1st SRO Order, #3 Exhibit C - Motions to Enforce, #4 Exhibit D - Barbara Drayton letter attemptingj to change SRO Order, #5 Exhibit E - IEE by Dr. Gillespie and Ms. Kochoby, #6 Exhibit F - All 4 DPC with FMSD, #7 Exhibit G - Parent affidavit and M. Yell Email, #8 Exhibit H - All 3 DPC's with LCSD, #9 Exhibit I - Appeal Brief DPC 1 with LCSD, #10 Exhibit J - Objection to SRO, #11 Exhibit K - Appeal Briefs 1 + 2 for combined DPC 2 and 3, #12 Exhibit L - Barbara Drayton Email responding to Motion to Recuse and Motion for proof of competency, #13 Exhibit M - Fiscal Watch Notice of LCSD, #14 Exhibit N - SCDOE IDEA DPH data, #15 Envelope) (lbak)
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