Howell v. Marion School District One et al
| Secaida Howell |
| Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry, Paul Demarco, James Smith and Marion County Board of Education |
| 4:2007cv01811 |
| July 10, 2007 |
| US District Court for the District of South Carolina |
| Florence Office |
| Marion |
| R Bryan Harwell |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 15, 2009. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 164 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion held on May 5, 2009, before Judge R. Bryan Harwell. Court Reporter/Transcriber Vince Rolland, Telephone number 843-615-1654. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 6/5/2009. Redacted Transcript Deadline set for 6/15/2009. Release of Transcript Restriction set for 8/13/2009. (vrol, ) |
| Filing 163 DELETION OF ENTRY NUMBER Doc. #157 Reason: Document incorporated into main document but should have been attachment. Corrected Filing Document Number #162 Modified filing date to that of original filing: 05/08/09. (sste ) |
| Filing 159 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury Trial NOT held on 5/11/2009; Hemphill Pride, II, David Duff & Andrea White present; counsel inform Court that case has settled; 8 person jury not sworn, excused. (mcam) Modified on 5/11/2009 - case dismissed with prejudice with consent of parties (mcam).Court Reporter Vince Rolland. |
| Filing 162 Exhibit List Defendants' Listing of Evidentiary Issues Requiring Resolution by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Attachments: #1 Exhibit Plaintiff's List of Exhibits)(Duff, David) Modified on 5/14/2009 to correct filing date (sste ). |
| Filing 156 REPLY by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberryto 151 Telephone Conference,. (Attachments: #1 Exhibit Plaintiff's Employment Rejection Letters)(Duff, David) |
| Filing 155 REPLY by Secaida Howellto 151 Telephone Conference, Plaintiff's Memorandum of Law In Support of Admissibility of "Turn Down" Letters. (Pride, Hemphill) |
| Filing 154 REPLY by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberryto 151 Telephone Conference,. (Duff, David) |
| Filing 153 DELETION OF ENTRY NUMBER 127 Reason: More than one deficiency. Corrected Filing Document Number #142 - Modified filing date to that of original filing: 04/28/09 (sste ) |
| Filing 152 DELETION OF ENTRY NUMBER 126 Reason: More than one deficiency. Corrected Filing Document Number #141 - Modified filing date to that of original filing: 04/28/09 (sste ) |
| Filing 151 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Telephone Conference held on 5/6/2009 with Hemphill Pride and David Duff; RE: Defendant's listing of evidentiary issues requiring resolution; resolved in part, under advisement in part; counsel to file any memorandums by 5/8/09 12:00. Court Reporter Vince Rolland. (mcam) |
| Filing 150 Jury List. (mcam) |
| Filing 149 Panel Strike List. (mcam) |
| Filing 148 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury Selection held on 5/5/2009; Oral motion of plaintiff to set aside jury venire on basis of under-representation of African-Americans is denied; 8 person jury selected; trial set for 5/11/09 9:30 a.m. Court Reporter Vince Rolland. (mcam) |
| Filing 147 REQUEST TO STRIKE FOR CAUSE by Secaida Howell. (Pride, Hemphill) |
| Filing 146 REQUEST TO STRIKE FOR CAUSE by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Duff, David) |
| Filing 145 Exhibit List by Paul Demarco, James Smith, Secaida Howell, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Duff, David) |
| Filing 143 NOTICE of Hearing: JURY TRIAL set for 5/11/2009 09:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable R Bryan Harwell. (sste ) |
| Filing 139 DELETION OF ENTRY NUMBER #131 Reason: Document that should not be filed with the Court. (sste ) |
| Filing 134 DELETION OF ENTRY NUMBER #128 Reason: Incorrect PDF attached; attorney refiled prior to calling. Corrected Filing Document Number #130 ; Modified filing date to that of original filing: 04/28/09. (sste ) |
| Filing 142 Defendants' Objections to Plaintiff's List of Additional Exhibits OBJECTIONS byPaul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Duff, David) Modified on 4/30/2009 to correct filing date (sste ). |
| Filing 141 OBJECTIONS byPaul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry to #130 Proposed Jury Instructions. (Duff, David) Modified on 4/30/2009 to correct filing date (sste ). |
| Filing 140 Proposed Jury Instructions by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Duff, David) Modified on 4/30/2009 to correct fiing date (sste ). |
| Filing 132 Plaintiff's OBJECTIONS by Secaida Howell to #125 Proposed Voir Dire, #140 Proposed Jury Instructions. (Pride, Hemphill) Modified on 4/30/2009 to link correct event to associated event (sste ) |
| Filing 130 Proposed Jury Instructions by Secaida Howell. (Pride, Hemphill). Modified on 4/30/2009 to replace with corrected document provided by filing user. (sste ) |
| Filing 129 Proposed Voir Dire by Secaida Howell. (Pride, Hemphill) |
| Filing 125 Proposed Voir Dire by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Duff, David) |
| Filing 124 NOTICE of Request for Protection from Court Appearance by Hemphill P Pride, II for May 12, 2009 through May 14, 2009, AND May 18, 2009 through May 20, 2009. (Attachments: #1 Notice of Electronic Filing, dated April 27, 2009)(Pride, Hemphill) Modified on 4/29/2009 to edit text (sste ). |
Filing 123
ORDER denying #109 Motion for Reconsideration; denying #110 Motion for Reconsideration. Signed by Honorable R Bryan Harwell on 4/17/2009.(tmcb)
|
|
Filing 121
Order granting in part and denying in part the District Defendants' #79 motion in limine. Plaintiff may not introduce evidence or elicit testimony of any alleged racial animus or discrimination toward Plaintiff. Any evidence of alleged racial animus toward Plaintiff is not relevant to this lawsuit. This is not a race discrimination case and introduction of such evidence would confuse the jury as to the issues in this case. Therefore, evidence of any alleged racial animus or discrimination toward Plaintiff is excluded under Fed. R. Evid. 401 and alternatively Fed. R. Evid. 403. To the extent the District Defendants object to untimely production of exhibits to James Smith's deposition, the District Defendants have failed to establish prejudice based on untimeliness. The deposition was taken in October 2008 and the trial of this case is scheduled for May 2009. With regard to the letter from the United States Department of Education, Office of Civil Rights (OCR), the court finds that the letter is relevant because it concerns the OCR's investigation into virtually the same segregation complaints which Plaintiff alleges resulted in his termination. IT IS SO ORDERED. Signed by Honorable R Bryan Harwell on 4/17/2009.(tmcb, )
|
| Filing 120 STATUS REPORT by Secaida Howell. (Pride, Hemphill) |
| Filing 119 STATUS REPORT by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Duff, David) |
| Filing 118 RESPONSE in Opposition re #110 MOTION for Reconsideration Response filed by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry.Reply to Response to Motion due by 4/20/2009 (Duff, David) |
| Filing 117 REPLY to Response to Motion re #109 MOTION for Reconsideration re #108 Order on Motion for Summary Judgment. Response filed by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Duff, David) Modified on 4/8/2009 to remove duplicative text (sste ). |
|
Filing 116
ORDER directing parties to submit to the court a confidential settlement letter by Friday, April 3, 2009. Mediation Hearing set for Monday, April 6, 2009, at 10:00 AM in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge Robert S Carr. ALL PARTIES WITH SETTLEMENT AUTHORITY SHALL BE PRESENT. Signed by Magistrate Judge Robert S Carr on 4/2/09. (rpol, )
|
| Filing 115 CALENDAR NOTICE of Hearing: Jury Selection set for 5/5/2009 09:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable R Bryan Harwell (sste ) |
|
Filing 112
ORDER REFERRING CASE to Magistrate Judge Robert S Carr for mediation. Signed by Honorable R Bryan Harwell on 04/01/09. (sste )
|
| Filing 111 RESPONSE in Opposition re #109 MOTION for Reconsideration re #108 Order on Motion for Summary Judgment. Response filed by Secaida Howell. Reply to Response to Motion due by 4/9/2009 (Pride, Hemphill) Modified on 3/31/2009 to remove duplicative text (sste ). |
| Filing 110 MOTION for Reconsideration re: #108 Order on Motion for Summary Judgment by Secaida Howell. Response to Motion due by 4/17/2009. (Attachments: #1 Memo in Support)No proposed order. (Pride, Hemphill) Modified on 3/31/2009 to correct motion relief. (sste ). |
| Filing 109 MOTION for Reconsideration re #108 Order on Motion for Summary Judgment,,, by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. Response to Motion due by 4/13/2009 (Attachments: #1 Memo in Support)No proposed order(Duff, David) |
|
Filing 108
ORDER granting Defendant Marion County Board of Education's #66 Motion for Summary Judgment; granting in part and denying in part Defendants Marion County School District One, Marion County School District One Board of Trustees, Cheryl Cook Allread, William A. Jones, Lynn McElveen, Gloria Woodberry, Paul DeMarco, and James Smith's #67 Motion for Summary Judgment. Signed by Honorable R Bryan Harwell on 3/19/2009.(tmcb)
|
| Filing 106 REPLY by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberryto #105 Supplement, by Secaida Howell to Response in Opposition to Defendants' Motions for Summary Judgment. (Duff, David) |
| Filing 105 SUPPLEMENT by Secaida Howell to #85 Response in Opposition to Motion. (Attachments: #1 Marion County School District 1 Hearing of Dr. Secaida Howell 02/15-16, 2006, #3 Legette Deposition 07/01/08) Modified to correct event type(sste ) (Additional attachment(s) added on 2/6/2009: #4 Secaida D Howell Deposition 04/09/08). Modified on 2/6/2009 to replace incorrect document with correct document (sste ). |
| Filing 103 REPLY by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberryto #102 Letter from Hemphill P. Pride, II. (Duff, David) |
| Filing 102 Letter from Hemphill P. Pride II. (Pride, Hemphill) |
| Filing 101 Minute Entry. Proceedings held before Honorable R Bryan Harwell: MOTION HEARING held on 1/28/2009; taking under advisement #66 Motion for Summary Judgment filed by Marion County Board of Education; taking under advisement #67 Motion for Summary Judgment filed by Paul Demarco, Marion School District One, Gloria Woodberry, Cheryl Cook Allread, William A Jones, Lynn McElveen, Marion School District One Board of Trustees, James Smith Court Reporter Vince Rolland. (mcam) |
| Filing 100 NOTICE of Hearing on Motions: #66 MOTION for Summary Judgment, #67 MOTION for Summary Judgment : Motion Hearing set for 1/28/2009 01:00 PM in Florence #2, McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable R Bryan Harwell. (sste ) |
| Filing 97 REPLY to Response to Motion re #78 MOTION in Limine Defendant Marion County Board of Education's Reply to Plaintiff's Memorandum of Law In Opposition to Defendant County Board of Education's Motion In Limine Response filed by Marion County Board of Education. (Attachments: #1 Exhibit Attachment 1-Marion Co. Bd. of Ed.'s MOL re: Mootness, #2 Exhibit Howell Depo. Excerpts 5-23-08, #3 Exhibit Howell Depo Excerpt 6-10-08, #4 Exhibit Thomas v. Washington Indus.)(Reagle, John) |
| Filing 96 REPLY to Response to Motion re #79 MOTION in Limine Response filed by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Duff, David) |
| Filing 95 OBJECTIONS by Marion County Board of Education to #75 Pretrial Disclosures. Modified to correct event type. (sste ) |
| Filing 94 OBJECTIONS byPaul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry to #81 Pretrial Disclosures. (Duff, David) |
| Filing 93 REPLY to Response to Motion re #67 MOTION for Summary Judgment Response filed by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. (Duff, David) |
| Filing 92 REPLY to Response to Motion re #66 MOTION for Summary Judgment Response filed by Marion County Board of Education. (Attachments: #1 Exhibit Howell Dep. 5-23-08, Exh. D, #2 Exhibit Howell Dep. 5-23-08, p. 23, #3 Exhibit Twombly Tree Experts v. U.S.)(Reagle, John) |
| Filing 90 Additional Attachments to Main Document #85 Response in Opposition to Motion; Exhibit J-Continued Deposition of Secaida D. Howell-April 9, 2008. (Pride, Hemphill) Modified on 11/4/2008 to remove duplicative text (sste, ). |
| Filing 89 RESPONSE in Opposition re #78 MOTION in Limine Response filed by Secaida Howell.Reply to Response to Motion due by 11/13/2008 (Pride, Hemphill) |
| Filing 88 RESPONSE in Opposition re #79 MOTION in Limine Response filed by Secaida Howell.Reply to Response to Motion due by 11/13/2008 (Pride, Hemphill) |
| Filing 86 Additional Attachments to Main Document #85 Response in Opposition to Motion,, Exhibit A-Marion County School District One Hearing of Secaida Howell-January 9, 2005. (Attachments: #1 Marion County School District One Hearing of Secaida Howell-02/15/06-02/16/06, #2 Deposition of Secaida Howell-May 23, 2008, #3 Entry Number 66-19 Order, #4 Deposition of James Smith, October 1, 2008-Part 1, #5 Deposition of James Smith, October 1, 2008-Part 2)(Pride, Hemphill) Modified on 10/29/2008 to correct spelling (sste, ). |
| Filing 85 RESPONSE in Opposition re #67 MOTION for Summary Judgment, #66 MOTION for Summary Judgment Response filed by Secaida Howell.Reply to Response to Motion due by 11/7/2008 (Attachments: #1 Minutes of Special Meeting of Board of Trustees-January 23, 2006, #2 Superintendent Allread's Responses to Dr. Howell's Request to Admit, #3 District's Responses to Production Requests, Bates stamp number 396, #4 Marion County Board of Education Minutes of Regular Meeting-April 18, 2006, #5 Entry 23-4 Order, #6 Deposition of James Washington, III-March 13, 2008, #7 Deposition of Secaida D. Howell-March 13, 2008, #8 Amended Complaint, paras. 16-17, #9 Addendum Certification of Technical Failure)(Pride, Hemphill) Modified on 10/29/2008; see Doc. #86 for additional attachments (sste, ). Modified on 11/4/2008; see Doc.#90 for additional attachment (sste, ). |
| Filing 84 ADR STATEMENT/CERTIFICATION by Secaida Howell(Pride, Hemphill) |
| Filing 83 ADR STATEMENT/CERTIFICATION by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry(Duff, David) |
| Filing 82 ADR STATEMENT/CERTIFICATION by Marion County Board of Education(Rogers, Jasmine) |
| Filing 81 Amended RULE 26(a)(3)PRETRIAL DISCLOSURES by Secaida Howell. Objections to PreTrial Disclosures due by 11/7/2008.(Pride, Hemphill) |
| Filing 79 MOTION in Limine by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. Response to Motion due by 11/3/2008 (Attachments: #1 Memo in Support of District Defendants' Motion In Limine, #2 Addendum Certification of Technical Failure)No proposed order(Duff, David) Modified on 10/15/2008 to correct filing date(sste, ). |
| Filing 78 MOTION in Limine by Marion County Board of Education. Response to Motion due by 11/3/2008 (Attachments: #1 Memo in Support Defendant Marion County Board of Education's Memorandum of Law In Support of Its Motion In Limine)No proposed order(Reagle, John) |
| Filing 76 RULE 26(a)(3)PRETRIAL DISCLOSURES by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. Objections to PreTrial Disclosures due by 10/17/2008.(Duff, David) |
| Filing 75 RULE 26(a)(3)PRETRIAL DISCLOSURES by Secaida Howell. Objections to PreTrial Disclosures due by 10/17/2008.(Pride, Hemphill) |
| Filing 74 RULE 26(a)(3)PRETRIAL DISCLOSURES by Marion County Board of Education. Objections to PreTrial Disclosures due by 10/17/2008.(Reagle, John) |
|
Filing 72
ORDER granting in part and denying in part #65 Motion to Compel and for Sanctions; granting in part and denying in part #71 Motion for Extension of Time. Signed by Honorable R Bryan Harwell on 9/15/2008.(tmcb, )
|
| Filing 71 Consent MOTION for Extension of Time for Mediation and Amendment of Scheduling Order by Paul Demarco, James Smith, Marion County Board of Education, Secaida Howell, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. Response to Motion due by 9/29/2008 Proposed order is being emailed to chambers with copy to opposing counsel(Rogers, Jasmine) |
| Filing 70 CONSENT ORDER re #67 MOTION for Summary Judgment, #65 MOTION to Compel MOTION for Sanctions and, #66 MOTION for Summary Judgment. All counsel have agreed to the following extension and it is hereby AGREED and ORDERED: Plaintiffs responses to Defendants Motions for Summary Judgment shall not be due to be filed and served until after service upon him of this Courts ruling on Plaintiffs Motion to Compel and For Sanctions. In the event that this Court grants Plaintiffs Motion to Compel and For Sanctions by compelling the Defendant James Smith to submit to deposition, then, Plaintiffs responses to Defendants Motions for Summary Judgment shall be due to be filed and served no later than fifteen (15) days after Plaintiffs counsel is served with the transcript of that deposition. In the event that this Court denies Plaintiffs Motion to Compel and For Sanctions, then, Plaintiffs responses to Defendants Motions for Summary Judgment shall be due to be filed and served no later than fifteen (15) days after Plaintiffs counsel is served with the Courts ruling on Plaintiffs motion. Signed by Honorable R Bryan Harwell on 08/04/08. (sste, ) |
| Filing 69 REPLY to Response to Motion re #65 MOTION to Compel MOTION for Sanctions Response filed by Secaida Howell. (Pride, Hemphill) |
| Filing 68 RESPONSE in Opposition re #65 MOTION to Compel MOTION for Sanctions Response filed by James Smith.Reply to Response to Motion due by 7/28/2008 (Attachments: #1 Affidavit of James M. Smith, #2 Affidavit of Counsel)(Duff, David) |
| Filing 67 MOTION for Summary Judgment by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. Response to Motion due by 8/4/2008 (Attachments: #1 Memo in Support, #2Exhibit 1 - District Board's Final Order, #3 Exhibit Exhibit 2 - Excerpts of Howell's Deposition Testimony, #4 Exhibit 3 - Excerpts of Washington's Deposition Testimony, #5 Exhibit 4 - Howell's August 15, 2005 Letter to Allread, #6 Exhibit 5 - Allread's Sept 28, 2005 Letter to Howell, #7 Exhibit 6 - Allread's Sept 28, 2005 Recovery Plan to Howell, #8 Exhibit 7 - Allread's October 19, 2005 Letter to Howell, #9 Exhibit 8 - Allread's Nov 11, 2005 Letter to Howell, #10 Exhibit 9 - Allread's Nov 18, 2005 Letter to Howell, #11 Exhibit 10 - Exh C to Cty Bd's Answer to Amended Complaint, #12 Exhibit 11 - Howell's Marion One 2005-06 Employment Contract)No proposed order(Duff, David) Modified on 7/17/2008; to remove duplicative text (sste, ). |
| Filing 66 MOTION for Summary Judgment by Marion County Board of Education. Response to Motion due by 8/4/2008 (Attachments: #1 Memo in Support , #2 Record Appendix - Index, #3 Exhibit A-Ltr 11/04/05 from District Board to Pride, #4 Exhibit B-Ltr 11/10/05 Pride to Leggette, #5 Exhibit C-Ltr 01/06/06 Childs to Pride, #6 Exhibit D-Ltr 02/20/06 Pride to Legette, #7 Exhibit E-District Board's Motion for TRO, #8 Exhibit F-Order Granting TRO 04/13/06, #9 Exhibit G-Order Granting Motion for Mootness 06/12/06, #10 Exhibit H-District Board's Motion for SJ, #11 Exhibit I-Cheryl Allread Contract, #12 Frank Hart Dep. Excerpts, #13 Secaida Howell Dep. 03/13/08, #14 Secaida Howell Dep. 04/09/08, #15 Secaida Howell Dep. 05/23/08, #16 Secaida Howell Dep. 06/10/08, #17 Cynthia Legette Dep. Excerpts, #18 James Washington Dep. Excerpts, #19 Smith v. Wayne Cty., #20 Whitfield v. John Bourne Co.) No proposed order (Reagle, John) Modified on 7/16/2008 to edit text (sste, ). |
| Filing 65 MOTION to Compel, MOTION for Sanctions ( Response to Motion due by 7/29/2008) by Secaida Howell. (Attachments: #1 Memo in Support, #2 Transcript of the Testimony of James Smith, #3 Certificate of Counsel, #4 Affidavit in Support of Plaintiff's Claim for Attorney's Fees, #5 Statement of Fees)No proposed order(sste, ) Modified on 7/11/2008 to include additional motion reliefs (sste, ). |
| Filing 64 ANSWER to #58 Amended Complaint,, by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry.(Duff, David) |
| Filing 62 Letter from David T. Duff, Esq., re Withdrawal of Counsel. (Duff, David) |
| Filing 60 ANSWER to #58 Amended Complaint, by Marion County Board of Education. (Attachments: #1 Exhibit A-12-9-05 Ltr to William Jones, #2 Exhibit B-1-5-06 Ltr to Wm. Jones, #3 Exhibit C-2-22-06 Ltr. to Hemphill Pride, #4 Exhibit D-Employment Contract)(Reagle, John) Modified on 5/5/2008 to remove duplicative text(sste, ). |
| Filing 59 DOCKET ENTRY 56 DELETED Reason for deletion: More than one deficiency Corrected Filing Document Number: Doc. #58 Modified filing date to that of original filing: 04/21/08 (sste, ) |
| Filing 58 AMENDED COMPLAINT against all defendants, filed by Secaida Howell. (Attachments: #1 Exhibit A: Letter dated 8/15/05 to Dr. Allread, #2 Exhibit B: News article dated 2/1/06 The Marion Star and Mullins Enterprise, #3 Exhibit C: Letter dated 1/25/06 to Hemphill P. Pride II, #4 Exhibit D: Letter dated 02/01/06 to Honorable J. Derham Cole, #5 Exhibit E: Letter dated 02/06/06 to J. Rene' Josey, Esq., #6 Exhibit F: News article dated 03/01/06 The Marion Star and Mullins Enterprise) (Pride, Hemphill) Modified on 4/23/2008 to correct filing date(sste, ). |
| Filing 55 CONSENT AMENDED SCHEDULING ORDER: Discovery due by 7/1/2008, Motions due by 7/16/2008, Mediation Due by 9/16/2008, Rule 26(a)(3) Disclosures due by 9/30/2008, Jury Selection Deadline 11/4/2008, Motions in limine filing deadline is extended to three weeks prior to November 4, 2008; Parties shall furnish the Court pretrial briefs five (5) business days prior to the date set for jury selection; Motions terminated: #53 MOTION for Extension of Time. Signed by Honorable R Bryan Harwell on 04/21/08. (sste, ) |
| Filing 54 RESPONSE to Motion re #53 MOTION for Extension of Time to Complete Discovery Response filed by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry.Reply to Response to Motion due by 4/21/2008 (Duff, David) |
| Filing 53 MOTION for Extension of Time to Complete Discovery by Secaida Howell. Response to Motion due by 4/28/2008 No proposed order(Pride, Hemphill) |
| Filing 52 NOTICE of Cancellation of Motion Hearing: Hearing on #22 MOTION to Dismiss set for 3/20/2008 03:30 PM in Florence #1, McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable R Bryan Harwell HAS BEEN CANCELLED. (sste, ) |
| Filing 50 CONSENT ORDER withdrawing, with leave to refile, #22 Motion to Dismiss; withdrawing, with leave to refile, #22 Motion for More Definite Statement. Based on a stipulation entered into by the parties, Plaintiff shall file a more definite and certain statement that shall identify with particularity those causes of action stated in the complaint which are against the Marion County Board of Education with specific factual allegations supporting any such causes of action. The more definite and certain statement of claims shall be filed and served upon all defendants on or before April 9, 2008. The hearing on this motion, scheduled for March 20, 2008, at 3:30 p.m., is canceled. IT IS SO ORDERED. Signed by Honorable R Bryan Harwell on 3/18/2008.(tmcb, ) |
| Filing 49 STIPULATION re #22 MOTION to Dismiss Or in The Alternative MOTION for More Definite Statement by Secaida Howell and Marion County Board of Education. (Pride, Hemphill) Modified on 3/18/2008 to add all filers listed on document (sste, ). |
| Filing 48 NOTICE of Hearing on Motion #22 MOTION to Dismiss: Motion Hearing set for 3/20/2008 03:30 PM in Florence #1, McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable R Bryan Harwell. (sste, ) |
|
Filing 45
CONSENT AMENDED SCHEDULING ORDER: Amended Pleadings due by 1/2/2008, Plaintiffs ID of Expert Witness due by 2/1/2008, Defendants ID of Expert Witnesses Due by 3/3/2008, Records Custodian Affidavit due by 3/3/2008, Discovery due by 5/1/2008, Motions due by 5/16/2008, Rule 26(a)(3) Disclosures due by 7/30/2008, Jury Selection Deadline 9/4/2008, ADR Statement due by 6/16/2008, Mediation Due by 7/16/2008. Motions in limine must be filed at least three weeks prior to jury selection date. Parties shall furnish the Court pretrial briefs five business days prior to the date set for jury selection. Signed by Judge R Bryan Harwell on 10/11/07. (sste, )
|
| Filing 44 Amended Rule 26(f) Report by Secaida Howell.(Pride, Hemphill) |
| Filing 42 DOCKET ANNOTATION - NO Correction by attorney required - Modified Docket Entry #41, it now reads as follows: 10/10/2007 #41 Rule 26(f) Report by Secaida Howell.(Pride, Hemphill) Modified on 10/10/2007 to remove the word "Joint" from the docket text (sste, ). (sste, ) |
| Filing 41 Rule 26(f) Report by Secaida Howell.(Pride, Hemphill) Modified on 10/10/2007 to remove the word "Joint" from the docket text (sste, ). |
| Filing 40 Joint Rule 26(f) Report by Paul Demarco, James Smith, Marion County Board of Education, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry.(Duff, David) |
| Filing 36 AMENDED RESPONSE in Opposition re #22 MOTION to Dismiss Or in The Alternative MOTION for More Definite Statement Amended Response filed by Secaida Howell.Reply to Response to Motion due by 9/28/2007 (Pride, Hemphill) Modified on 9/19/2007 to reflect "Amended" Pleading (sste, ). |
| Filing 35 RESPONSE in Support re #22 MOTION to Dismiss Or in The Alternative MOTION for More Definite Statement Reply Memorandun in Support of Motion to Dismiss, Or In the Alternative, For a More Definite Statement Response filed by Marion County Board of Education. (Reagle, John) |
| Filing 34 RESPONSE in Opposition re #22 MOTION to Dismiss Or in The Alternative MOTION for More Definite Statement Response filed by Secaida Howell.Reply to Response to Motion due by 9/20/2007 (Pride, Hemphill) |
|
Filing 32
CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 9/25/2007, 26(a) Initial Disclosures due by 10/9/2007, Rule 26 Report due by 10/9/2007, Amended Pleadings due by 12/3/2007, Plaintiffs ID of Expert Witness due by 1/2/2008, Defendants ID of Expert Witnesses Due by 2/1/2008, Records Custodian Affidavit due by 2/1/2008, Discovery due by 4/1/2008, Motions due by 4/16/2008, Rule 26(a)(3) Disclosures due by 6/30/2008, Jury Selection Deadline 8/4/2008, ADR Statement due by 5/16/2008, Mediation Due by 6/16/2008. Motions in limine must be filed at least three weeks prior to jury selection date. Parties shall furnish the Court pretrial briefs five business days prior to the date set for jury selection. Signed by Judge R Bryan Harwell on 09/05/07. (sste, )
|
| Filing 31 Local Rule 26.01 Answers to Interrogatories by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry.(Duff, David) |
| Filing 30 ANSWER to Complaint by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry.(Duff, David) |
| Filing 26 DOCKET ANNOTATION - NO Correction by attorney required - In the future, please file Memorandums in Support as an attachment to the Motion. Modified Docket Entry #23, it now reads as follows: 08/21/2007 #23 MEMORANDUM IN SUPPORT OF JUDGMENT 22 Motion to Dismiss or More Definite Statement by Marion County Board of Education. (Attachments: # 1 Exhibit A Employment Contract# 2 Exhibit B Motion & Order re: TRO# 3 Exhibit C Order re: Motions# 4 Exhibit Exh D Motion to Dismiss & Oppos)(Reagle, John) Modified on 8/22/2007 to link to Motion and to remove duplicate docket text (sste, ). (sste, ) (Entered: 08/22/2007) |
| Filing 24 Local Rule 26.01 Answers to Interrogatories by Marion County Board of Education.(Reagle, John) |
| Filing 23 MEMORANDUM IN SUPPORT OF JUDGMENT #22 Motion to Dismiss or More Definite Statement by Marion County Board of Education. (Attachments: #1 Exhibit A Employment Contract#2 Exhibit B Motion & Order re: TRO#3 Exhibit C Order re: Motions#4 Exhibit Exh D Motion to Dismiss & Oppos)(Reagle, John) Modified on 8/22/2007 to link to Motion and to remove duplicate docket text (sste, ). |
| Filing 22 MOTION to Dismiss Or in The Alternative, MOTION for More Definite Statement by Marion County Board of Education.Response to Motion due by 9/10/2007 No proposed order(Reagle, John) |
| Filing 20 ACCEPTANCE OF SERVICE OF COMPLAINT by Paul Demarco, James Smith, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry. Paul Demarco served on 7/27/2007, answer due 9/5/2007; James Smith served on 7/27/2007, answer due 9/5/2007; Marion School District One served on 7/27/2007, answer due 9/5/2007; Cheryl Cook Allread served on 7/27/2007, answer due 9/5/2007; William A Jones served on 7/27/2007, answer due 9/5/2007; Lynn McElveen served on 7/27/2007, answer due 9/5/2007; Gloria Woodberry served on 7/27/2007, answer due 9/5/2007. (Attachments: #1 Exhibit Letter)(Duff, David) |
| Filing 17 SUMMONS Returned Executed by Secaida Howell. Gloria Woodberry served on 8/6/2007, answer due 8/27/2007. (Attachments: #1 Return Receipt)(Pride, Hemphill) |
| Filing 16 SUMMONS Returned Executed by Secaida Howell. William A Jones served on 7/27/2007, answer due 8/16/2007. (Attachments: #1 Return Receipt)(Pride, Hemphill) |
| Filing 15 SUMMONS Returned Executed by Secaida Howell. Marion School District One Board of Trustees served on 8/6/2007, answer due 8/27/2007. (Attachments: #1 Return Receipt)(Pride, Hemphill) |
| Filing 14 SUMMONS Returned Executed by Secaida Howell. Paul Demarco served on 7/31/2007, answer due 8/20/2007. (Attachments: #1 Return Receipt)(Pride, Hemphill) |
| Filing 13 SUMMONS Returned Executed by Secaida Howell. Marion School District One served on 7/30/2007, answer due 8/20/2007. (Attachments: #1 Return Receipt)(Pride, Hemphill) |
| Filing 12 SUMMONS Returned Executed by Secaida Howell. Marion County Board of Education served on 7/30/2007, answer due 8/20/2007. (Attachments: #1 Return Receipt)(Pride, Hemphill) |
| Filing 11 SUMMONS Returned Executed by Secaida Howell. Lynn McElveen served on 7/27/2007, answer due 8/16/2007. (Attachments: #1 Return Receipt)(Pride, Hemphill) |
| Filing 10 DOCKET ANNOTATION - NO Correction by attorney required - Modified Docket Entry #8, it now reads as follows: 08/01/2007 #8 SUMMONS Returned Executed by Secaida Howell. Cheryl Cook Allread served on 7/27/2007, answer due 8/16/2007. (Attachments: # 1 Returned Certified Mail card)(Pride, Hemphill) Modified on 8/1/2007 to correct the service date and the answer due date (sste, ). (sste, ) |
| Filing 8 SUMMONS Returned Executed by Secaida Howell. Cheryl Cook Allread served on 7/27/2007, answer due 8/16/2007. (Attachments: #1 Returned Certified Mail card)(Pride, Hemphill) Modified on 8/1/2007 to correct the service date and the answer due date (sste, ). |
| Filing 7 ***DOCUMENT MAILED: Two copies each of #6 Summons Issued placed in U.S. Mail to Hemphill P. Pride, II (dsto, ) |
| Filing 6 Summons Issued (Restricted Access) as to Marion School District One Board of Trustees, Gloria Woodberry. (dsto, ) |
| Filing 5 ***DOCUMENT MAILED: Two copies each of #4 Summons Issued placed in U.S. Mail to Hemphill P. Pride, II, Esq. (dsto, ) |
| Filing 4 Summons Issued (Restricted Access) as to Paul Demarco, James Smith, Marion School District One, Marion County Board of Education, Cheryl Cook Allread, William A Jones, Lynn McElveen. (dsto, ) . |
| Filing 3 Local Rule 26.01 Answers to Interrogatories with jury demand by Secaida Howell.(dsto, ) |
| Filing 1 COMPLAINT against Paul Demarco, James Smith, Marion County Board of Education, Marion School District One, Cheryl Cook Allread, Marion School District One Board of Trustees, William A Jones, Lynn McElveen, Gloria Woodberry ( Filing fee $ 350 receipt number 1082029.), filed by Secaida Howell.(dsto, ) Additional attachment(s) added on 7/11/2007 (dsto, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
