Dukes v. Kingstree, Town of
| Sulester Dukes |
| Kingstree, Town of |
| 4:2021cv01483 |
| May 19, 2021 |
| US District Court for the District of South Carolina |
| Sherri A Lydon |
| Kaymani D West |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. ยง 12117 |
| Both |
Docket Report
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This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.
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Filing 10
REPLY to Response to Motion re #8 Second MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Kingstree, Town of. (Thompson, Charles)
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Filing 9
RESPONSE in Opposition re #8 Second MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response filed by Sulester Dukes.Reply to 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. (Albrecht, Samantha); Modified on 6/9/2021 to correct event type.(prou, )
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Filing 8
Second MOTION to Dismiss , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 6/10/2021. 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. ) by Kingstree, Town of. No proposed order.Motions referred to Kaymani D West.(Thompson, Charles)
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Filing 7
TEXT ORDER: Plaintiff's Amended Complaint, ECF No. #5 , was docketed within 21 days of Defendant's responsive pleading, 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, Defendant's pending Motion to Dismiss, ECF No. #4 , is dismissed as moot. Defendant 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
Local Rule 26.01 Answers to Interrogatories by Sulester Dukes.(Albrecht, Samantha)
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Filing 5
AMENDED COMPLAINT against Kingstree, Town of, filed by Sulester Dukes. Service due by 8/24/2021 (Albrecht, Samantha)
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Filing 4
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Partial by Kingstree, Town of. Response to Motion due by 6/2/2021. 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.(Thompson, Charles)
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Filing 3
Local Rule 26.01 Answers to Interrogatories by Kingstree, Town of.(prou, )
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Filing 1
NOTICE OF REMOVAL from Williamsburg County Common Pleas, case number 2021-CP-45-00158. (Filing fee $ 402 receipt number 0420-9853788), filed by Kingstree, Town of. (Attachments: #1 State Court Documents)(prou, )
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| Defendant: Kingstree, Town of | |
| Represented By: | Charles F Thompson, Jr |
| Represented By: | Michael D Malone |
| Represented By: | Lake E Summers |
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| Plaintiff: Sulester Dukes | |
| Represented By: | Samantha Elenor Albrecht |
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