McCoy v. South Carolina Public Service Authority
| Sandra B. McCoy |
| South Carolina Public Service Authority doing business as Santee Cooper |
| 2:2022cv02835 |
| August 25, 2022 |
| US District Court for the District of South Carolina |
| Molly H Cherry |
| David C Norton |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 RESPONSE in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Sandra B. McCoy.Reply to Response to Motion due by 10/27/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Benjamin) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by South Carolina Public Service Authority. Response to Motion due by 10/20/2022. 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 Exhibit A - McCoy Charge)No proposed order.Motions referred to Molly H Cherry.(Dudek, Benjamin) |
| Filing 10 TEXT ORDER. The Partial Motion to Dismiss (ECF No. 4) is MOOT. On September 23, 2022, Plaintiff filed an Amended Complaint, ECF No. 9, in accordance with this Courts Text Order, ECF No. 7. Accordingly, the Partial Motion to Dismiss the Complaint is Moot. Defendant may answer or otherwise plead in response to the Amended Complaint in accordance with the Federal Rules of Civil Procedure. AND IT IS SO ORDERED.Entered at the direction of Magistrate Judge Molly H Cherry on 09/26/2022.(apsn) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Sandra B. McCoy. Service due by 12/22/2022 (Attachments: #1 Exhibit 2021 Annual Report, #2 Exhibit 2020 Annual Report) (Dunn, Benjamin) |
| Filing 7 TEXT ORDER granting Plaintiff's request for leave to amend her Complaint. ECF No. 6 at 2-4. Defendant filed a Partial Motion to Dismiss ("Motion"), arguing Plaintiff failed to plead facts sufficient to support a claim against it. ECF No. 4. Plaintiff filed a Response to the Motion, in which she opposes Defendant's Motion and asks, in the alternative, for leave to amend the Complaint to cure the alleged pleading deficiencies. ECF No. 6. It would not serve the interests of judicial economy to review, research, and rule on the pending Motion based on Plaintiff's current allegations, if the Court then allows Plaintiff to amend her Complaint. Without expressing any view as to the merits of the Motion, the Court affords Plaintiff an opportunity to cure the purported pleading defects with an amended complaint. Therefore, IT IS ORDERED that Plaintiff shall have until September 27, 2022, to file an amended complaint. If Plaintiff timely files an amended complaint, the pending Motion will become moot. If Plaintiff does not timely file an amended complaint, the Court will decide the Motion. AND IT IS SO ORDERED. Entered at the direction of Magistrate Judge Molly H Cherry on 09/13/2022. (apsn) |
| Filing 6 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Sandra B. McCoy.Reply to Response to Motion due by 9/19/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 2021 Annual Report, #2 Exhibit 2020 Annual Report)(Dunn, Benjamin) |
| Filing 5 TEXT ORDER. Defendant filed a Partial Motion to Dismiss on August 30, 2022. ECF No. 4. Accordingly, both parties are to produce the initial discovery outlined in the Discovery Protocols on or before September 29, 2022. See IN RE: Discovery Protocols for Charleston Division Employment Cases (Pilot Program), 2:21-mc-00481-RBH (D.S.C. Aug. 9, 2021). IT IS SO ORDERED. Entered at the direction Magistrate Judge Molly H Cherry on 09/01/2022. (apsn) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by South Carolina Public Service Authority. Response to Motion due by 9/13/2022. 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 Exhibit A - Charge)No proposed order.Motions referred to Molly H Cherry.(Dudek, Benjamin) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by South Carolina Public Service Authority.(apsn) |
| Filing 1 NOTICE OF REMOVAL from Berkeley County Common Pleas, case number 2022CP0801724. (Filing fee $ 402 receipt number ASCDC-10664678), filed by South Carolina Public Service Authority. (Attachments: #1 State Court Documents)(apsn) |
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| Plaintiff: Sandra B. McCoy | |
| Represented By: | Benjamin A Dunn, II |
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| Defendant: South Carolina Public Service Authority doing business as Santee Cooper | |
| Represented By: | Benjamin Patrick James Dudek |
| Represented By: | John Hagood Tighe |
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