Simmons v. South Carolina Criminal Justice Academy et al
| Ashley Simmons |
| Frank Hinson and South Carolina Criminal Justice Academy |
| 3:2021cv01179 |
| April 21, 2021 |
| US District Court for the District of South Carolina |
| J Michelle Childs |
| Kaymani D West |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 |
| Both |
Docket Report
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This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.
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Filing 14
TEXT ORDER granting #12 Motion for Extension of Time to reply to #13 Response in Opposition to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Time is extended until July 2, 2021. Signed by Magistrate Judge Kaymani D West on 06/11/2021.(dsto, )
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| Filing 13 RESPONSE in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Ashley Simmons.Reply to Response to Motion due by 6/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Albrecht, Samantha) |
| Filing 12 MOTION for Extension of Time by Frank Hinson, South Carolina Criminal Justice Academy. Response to Motion due by 6/24/2021. 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. No proposed order.Motions referred to Kaymani D West.(Balthazor, Peter) |
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Filing 11
CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 6/23/2021, 26(a) Initial Disclosures due by 7/7/2021, Rule 26 Report due by 7/7/2021, Motions to Amend Pleadings due by 8/17/2021, Plaintiffs ID of Expert Witness due by 9/16/2021, Defendants ID of Expert Witnesses Due by 10/18/2021, Records Custodian Affidavit due by 10/18/2021, Discovery due by 11/17/2021, Motions due by 12/1/2021, Rule 26(a)(3) Disclosures due by 12/30/2021, Motions in limine due two weeks prior to trial. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for trial. This case is subject to being called for jury selection and trial on or after January 31, 2022. Signed by Magistrate Judge Kaymani D West on 6/3/2021. (prou, )
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| Filing 10 Defendants' ANSWER to #6 Amended Complaint by Frank Hinson, South Carolina Criminal Justice Academy.(Balthazor, Peter) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Frank Hinson, South Carolina Criminal Justice Academy. Response to Motion due by 6/15/2021. 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. No proposed order.Motions referred to Kaymani D West.(Balthazor, Peter) |
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Filing 8
TEXT ORDER: Plaintiff's Amended Complaint, ECF No. #6 , was docketed within 21 days of Defendants' responsive pleadings, making it an amendment as a matter of course. Fed. R. Civ. 15(a)(1)(B). Generally, an amended complaint replaces the original complaint. See Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001) ("As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect.") (citation and internal quotation marks omitted); see also 6 Charles Alan Wright, et al., Federal Practice and Procedure 1476 (3d ed. 2017) ("A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified. Once an amended pleading is interposed, the original pleading no longer performs any function in the case...."). Accordingly, Defendants' pending Motion to Dismiss, ECF No. #4 , is dismissed as moot. Defendants may respond to the amended complaint, including filing any Rule 12 motions, in accordance with Rule 15(a)(3) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Kaymani D West on 5/27/2021.(prou, )
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| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Ashley Simmons. Service due by 8/16/2021 (Albrecht, Samantha) |
| Filing 5 ANSWER to Complaint (Notice of Removal) by Frank Hinson, South Carolina Criminal Justice Academy (Balthazor, Peter). Modified on 5/5/2021 to correct event type. (prou, ) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Frank Hinson, South Carolina Criminal Justice Academy. Response to Motion due by 5/18/2021. 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. No proposed order.Motions referred to Kaymani D West.(Balthazor, Peter) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Frank Hinson, South Carolina Criminal Justice Academy.(prou, ) |
| Filing 1 NOTICE OF REMOVAL from Richland County Common Pleas, case number 2021-CP-40-01139. (Filing fee $ 402 receipt number 0420-9791875), filed by Frank Hinson, South Carolina Criminal Justice Academy. (Attachments: #1 State Court Documents)(prou, ) |
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