Childress v. City of North Charleston et al
| Tessa R.R.G.C. Childress |
| City of North Charleston, Charleston County Sheriff, John O'Connell, S Fortier, Sgt. Wilson, Carwile and Sheriff Deputy Harger |
| 2:2021cv02843 |
| September 2, 2021 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| David C Norton |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 35 Amended Local Rule 26.01 Answers to Interrogatories by Carwile, Charleston County Sheriff, City of North Charleston, S Fortier, Sheriff Deputy Harger, John O'Connell, Sgt. Wilson. (Attachments: #1 Certificate of Service)(Dorsel, Christopher) |
| Filing 34 STATUS REPORT by Sheriff Deputy Harger. (Attachments: #1 Certificate of Service)(Dorsel, Christopher) |
| Filing 33 ***DOCUMENT MAILED #31 REPORT AND RECOMMENDATION re #15 Motion for Miscellaneous Relief filed by Tessa R.R.G.C. Childress, #11 MOTION for Preliminary Injunction filed by Tessa R.R.G.C. Childress placed in U.S. Mail from Charleston Clerks Office to Tessa R.R.G.C. Childress PO Box 80171 Charleston, SC 29416 (dgar) |
Filing 31
ORDER AND REPORT AND RECOMMENDATION: The undersigned recommends the Court deny Plaintiff's #11 Motion for Preliminary Injunction. The Court further grants in part and denies in part #15 Plaintiff's Motion for Miscellaneous Relief. More specifically, Plaintiff's Motion is granted to the extent she seeks an extension and denied as to the remainder of the requested relief. The Court further lifts the stays currently in place. To the extent Plaintiff wishes to file any additional material in response to Defendants' Motions to Dismiss, her response is due by November 15, 2021. Additionally, Plaintiff's response to Defendants' Offer of Judgment is due by November 15, 2021. Objections to R&R due by 11/9/2021 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 Mary Gordon Baker on 10/26/21. (dgar)
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REFERENCE #31 ORDER granting in part and denying in part #15 Plaintiff's Motion for Miscellaneous Relief. Signed by Magistrate Judge Mary Gordon Baker on 10/26/21.(dgar)
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| Filing 30 ***DOCUMENT MAILED 29 Minute Entry placed in U.S. Mail from Charleston Clerks Office to Tessa R.R.G.C. Childress PO Box 80171 Charleston, SC 29416 (cwhi, ) |
| Filing 29 Minute Entry. Proceedings held before Magistrate Judge Mary Gordon Baker: Telephone Conference held on 10/25/2021 re Plaintiffs Motion for Preliminary Injunction #11 ; Plaintiffs Motion for Miscellaneous Relief #15 ; Plaintiffs Motion for Extension of Time #26 . Defense counsel is ordered to provide a status report on service of Defendant Sheriff Deputy Harger by October 29, 2021. The Court continues the stay of Defendants Motions to Dismiss. (Dkt. Nos. 6; 7; 16). Additionally, the Court stays the deadline for Plaintiff to respond to Defendants Offer of Judgment, thereby GRANTING Plaintiffs Motion for Extension (Dkt. No. 26). The stays will be lifted and new deadlines given once the undersigned has issued rulings on Plaintiffs Motion for Preliminary Injunction #11 and Motion for Miscellaneous Relief #15 . A Report and Recommendation and Order on those respective motions (Dkt. Nos. 11; 15) will be issued shortly. Court Reporter Karen Martin. (cwhi, ) |
| Filing 28 BRIEF IN SUPPORT OF #11 MOTION FOR PRELIMINARY INJUNCTION. (rshu, ) Modified on 10/22/2021 to add link to Motion (rshu, ). |
| Filing 27 DECLARATION by Tessa R.R.G.C. Childress. (rshu, ) |
| Filing 26 MOTION by Tessa R.R.G.C. Childress for 30-day Extension of Time "to submit a reply to Defendant's Offer Judgement Per Rule 68." Response to Motion due by 11/1/2021. 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. Motions referred to Mary Gordon Baker.(rshu, ) |
| Filing 25 ***DOCUMENT MAILED 24 Notice of Hearing with call-in instructions, placed in U.S. Mail from Charleston Clerks Office to Tessa R.R.G.C. Childress PO Box 80171 Charleston, SC 29416 (hcor, ) |
| Filing 24 NOTICE of Hearing: Telephone Conference re #11 MOTION for Preliminary Injunction and #15 MOTION for Protection set for 10/25/2021 10:00 AM before Magistrate Judge Mary Gordon Baker. Call-in instructions will be distributed at a later date. (hcor, ) |
| Filing 23 TEXT ORDER granting #22 Motion for Hearing. The Court will hold a telephone hearing on Monday, October 25, 2021 at 10 AM on Plaintiffs Motion for Preliminary Injunction (Dkt. No. 11) and Plaintiffs Motion for Miscellaneous Relief (Dkt. No. 15). Call in instructions for the hearing will be sent to the parties. Entered at the direction of Magistrate Judge Mary Gordon Baker on 10/14/21.(akob, ) |
| Filing 22 Plaintiff's MOTION for Hearingon Plaintiff's Motion for Extension of Time to Respond to Defendant's Motion to Dismiss by Tessa R.R.G.C. Childress. Response to Motion due by 10/26/2021. 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, #2 Duplicate copies of motion)Motions referred to Mary Gordon Baker.(hcor, ) |
| Filing 21 RESPONSE in Opposition (Second Submission) re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Response filed by Tessa R.R.G.C. Childress.Reply to Response to Motion due by 10/19/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope, #2 Duplicate Response)(hcor, ) |
| Filing 20 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Tessa R.R.G.C. Childress.Reply to Response to Motion due by 10/15/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service)(cpeg, ) |
| Filing 19 RESPONSE in Opposition re #15 MOTION for Protetcion Response filed by Carwile, Charleston County Sheriff, City of North Charleston, S Fortier, Sheriff Deputy Harger, John O'Connell, Sgt. Wilson.Reply to Response to Motion due by 10/14/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service)(Dorsel, Christopher) |
| Filing 18 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Response filed by Tessa R.R.G.C. Childress.Reply to Response to Motion due by 10/12/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents, #2 Envelope)(hcor, ) |
| Filing 17 ***DOCUMENT MAILED 16 Order, placed in U.S. Mail from Charleston Clerks Office to Tessa R.R.G.C. Childress PO Box 80171 Charleston, SC 29416 (hcor, ) |
| Filing 16 TEXT ORDER. Given Plaintiff's allegations in her recent Motion for Miscellaneous Relief (Dkt. No. 15) regarding Defendants and defense counsel's alleged misconduct, the Court finds that, for the sake of judicial efficiency, Defendants' pending Motions to Dismiss (Dkt. Nos. 6; 7) are STAYED until the Court has resolved Plaintiff's Motion for Preliminary Injunction (Dkt. No. 11) and Motion for Miscellaneous Relief (Dkt. No. 15). Accordingly, Plaintiff's request for an extension to respond to Defendants' pending Motions to Dismiss (Dkt. No. 15 at 12) is GRANTED. The Court will issue a new deadline for Plaintiff to respond to Defendants' motions once the stay is lifted. The Court advises Plaintiff that any reply brief she wants to file in support of her Motion for Preliminary Injunction (Dkt. No. 11) must be filed by October 18, 2021. To the extent Defendants wish to respond to Plaintiff's Motion for Miscellaneous Relief, their response is due by October 7, 2021. Any reply brief Plaintiff wishes to file in support of her Motion for Miscellaneous Relief must be filed by October 18, 2021. If Plaintiff cannot meet the deadlines stated herein because of her medical procedure (see Dkt. No. 15 at 12), she must file a motion for an extension of time. Entered at the direction of Magistrate Judge Mary Gordon Baker on 9/30/21. (akob, ) |
| Filing 14 RESPONSE in Opposition re #11 MOTION for Preliminary Injunction Response filed by Carwile, Charleston County Sheriff, City of North Charleston, S Fortier, Sheriff Deputy Harger, John O'Connell, Sgt. Wilson.Reply to Response to Motion due by 10/1/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service)(Dorsel, Christopher) |
| Filing 15 MOTION for Miscellaneous Relief (motion for gag order to defendants; motion for new jurisdiction or in the alternative motion for new defense counsel) by Tessa R.R.G.C. Childress. Response to Motion due by 10/7/2021. 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 Cover Letter, #2 Letter regarding delay, #3 Duplicate motion, #4 Envelope, #5 SASE)Motions referred to Mary Gordon Baker.(hcor, ) Modified on 10/25/2021 to rename type of motion(dgar). |
| Filing 13 ***DOCUMENT MAILED 12 Text Order, placed in U.S. Mail from Charleston Clerks Office to Tessa R.R.G.C. Childress, PO Box 80171, Charleston, SC 29416 (cwhi, ) |
| Filing 12 TEXT ORDER. On September 9, 2021, Defendants filed separate Motions to Dismiss, and Plaintiff's response is due by October 12, 2021. (See Dkt. Nos. 6; 7; 9.) On September 10, 2021, Plaintiff filed a Motion for Preliminary Injunction. (Dkt. No. 11.) The Court advises Plaintiff that, to the extent she opposes the Motions to Dismiss, Plaintiff must submit a brief in opposition by October 12, 2021. The Court will separately rule on Plaintiff's Motion for Preliminary Injunction when that motion is ripe. Entered at the direction of Magistrate Judge Mary Gordon Baker on 9/15/21. (akob, ) |
| Filing 11 MOTION for Preliminary Injunction by Tessa R.R.G.C. Childress. Response to Motion due by 9/24/2021. 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 Supporting Documents)Motions referred to Mary Gordon Baker.(hcor, ) |
| Filing 10 ***DOCUMENT MAILED #9 Roseboro Order, placed in U.S. Mail from Charleston Clerks Office to Tessa R.R.G.C. Childress PO Box 80171 Charleston, SC 29416 (hcor, ) |
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Filing 9
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 10/12/2021. 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 Mary Gordon Baker on 09/10/2021. (hcor, )
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| Filing 8 ANSWER to Complaint by Carwile, Charleston County Sheriff, City of North Charleston, S Fortier, Sheriff Deputy Harger, John O'Connell, Sgt. Wilson. (Attachments: #1 Certificate of Service)(Dorsel, Christopher) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Carwile, City of North Charleston, S Fortier, John O'Connell, Sgt. Wilson. Response to Motion due by 9/23/2021. 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 Memo in Support, #2 Certificate of Service)No proposed order.Motions referred to Mary Gordon Baker.(Dorsel, Christopher) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Charleston County Sheriff, Sheriff Deputy Harger. Response to Motion due by 9/23/2021. 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 Memo in Support, #2 Certificate of Service)No proposed order.Motions referred to Mary Gordon Baker.(Dorsel, Christopher) |
| Filing 5 ***DOCUMENT MAILED #4 Order with required documents, placed in U.S. Mail from Charleston Clerks Office to Tessa R.R.G.C. Childress PO Box 80171 Charleston, SC 29416 (hcor, ) |
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Filing 4
ORDER Plaintiff is directed to submit fully completed and signed answers to the Court's interrogatories pursuant to Local Civil Rule 26.01 (D.S.C.), within twenty-one days from the date this Order is entered (plus three days for mail time). Signed by Magistrate Judge Mary Gordon Baker on 09/08/2021. (hcor, )
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| Filing 3 Local Rule 26.01 Answers to Interrogatories by Carwile, Charleston County Sheriff, City of North Charleston, S Fortier, Sheriff Deputy Harger, John O'Connell, Sgt. Wilson. (Attachments: #1 Certificate of Service)(hcor, ) |
| Filing 1 NOTICE OF REMOVAL from Charleston County Court of Common Pleas, case number 2021CP1003006. (Filing fee $ 402 receipt number 0420-10053035), filed by John O'Connell, City of North Charleston, Carwile, Sheriff Deputy Harger, S Fortier, Charleston County Sheriff, Sgt. Wilson. (Attachments: #1 State Court Documents, #2 Certificate of Service)(hcor, ) |
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