Kessler et al v. Greenville County School District et al
Plaintiff: Bonnie Kessler, Cindy Davis and Autumn Bible
Defendant: Greenville County School District and South Carolina Department of Education
Case Number: 6:2021cv02657
Filed: August 18, 2021
Court: US District Court for the District of South Carolina
Presiding Judge: Timothy M Cain
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2021 Filing 15 TEXT ORDER re #12 Consent MOTION to Dismiss filed by Bonnie Kessler, Autumn Bible, Cindy Davis. In reviewing the consent motion for order of dismissal (ECF No. 12), chambers noted that the motion is not signed by the guardian for any of the minor parties. For actions involving minor parties, Local Rule 17.02 requires the written consent of (1) counsel; (2) the legal representative(s) of minor parties; and (3) at least one of the natural parents or persons standing in loco parentis. Additionally, neither the motion nor the complaint expressly states the relationship between the guardians named in the caption and the minor parties. Accordingly, the court would appreciate your re-filing the motion for order of dismissal with the required signatures and a statement expressly indicating the relationship between the guardians and the minor parties.Finally, be advised that while the court recognizes the parties agreement that the requirements of the CDC Order preempt Budget Proviso 1.108, this issue was not briefed or argued and, therefore, the court declines to make such a legal finding or conclusion in an order of dismissal. Ordered by Honorable Timothy M Cain on 10/12/2021. (pbri, )
October 13, 2021 Filing 14 Deficiency Memo 12 Consent motion for order of dismissal. Motion must be refiled with the required signatures and a statement expressly indicating the relationship between the guardians and the minor parties. Any response due is based on the filing date of the original document. Docket Correction due 10/14/2021. (pbri, )
October 7, 2021 Filing 13 CERTIFICATE OF SERVICE by Autumn Bible, Cindy Davis, Bonnie Kessler re #12 Consent MOTION to Dismiss (Metcalfe, Hannah) (Main Document 13 replaced on 10/8/2021: to replace with correct signature (attorney) as provided by filing user) (kmca).
October 7, 2021 Filing 12 Consent MOTION to Dismiss by Autumn Bible, Cindy Davis, Bonnie Kessler. Response to Motion due by 10/21/2021. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Metcalfe, Hannah)
August 23, 2021 Filing 10 DELETION OF DOCKET ENTRY NUMBER #8 Acceptance of Service. Reason: re-filed by attorney to correct event and add notice of filing. Corrected Filing Document Number #9 Summons Returned Executed. Modified filing date to that of original filing: 8/23/21. (kmca)
August 23, 2021 Filing 9 SUMMONS Returned Executed by Cindy Davis, Bonnie Kessler, Autumn Bible. Greenville County School District served on 8/23/2021, answer due 9/13/2021. (Attachments: #1 Exhibit 1 Acceptance of Service for Greenville County School District)(Metcalfe, Hannah) Modified on 8/24/2021: to correct filing date, to add text (service and answer dates) (kmca).
August 23, 2021 Filing 7 SUMMONS Returned Executed by Bonnie Kessler, Cindy Davis, Autumn Bible. South Carolina Department of Education served on 8/20/2021, answer due 9/10/2021. (Attachments: #1 Affidavit Proof of Service for South Carolina Department of Education)(Metcalfe, Hannah) Modified on 8/24/2021: to add filers as requested by filing user (kmca).
August 23, 2021 Filing 6 NOTICE of Appearance by Rodney Douglas Webb on behalf of Greenville County School District (Webb, Rodney)
August 19, 2021 Filing 4 Summons Issued as to Greenville County School District, South Carolina Department of Education. (kmca)
August 18, 2021 Filing 3 Local Rule 26.01 Answers to Interrogatories by Autumn Bible, Cindy Davis, Bonnie Kessler.(kmca)
August 18, 2021 Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Greenville County School District, South Carolina Department of Education (Filing fee $402 receipt number 0420-10024418), filed by Cindy Davis, Bonnie Kessler, Autumn Bible. Service due by 11/16/2021.(kmca)

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Plaintiff: Bonnie Kessler
Represented By: Frank Langston Eppes
Represented By: Hannah Rogers Metcalfe
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Plaintiff: Cindy Davis
Represented By: Frank Langston Eppes
Represented By: Hannah Rogers Metcalfe
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Plaintiff: Autumn Bible
Represented By: Frank Langston Eppes
Represented By: Hannah Rogers Metcalfe
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Defendant: Greenville County School District
Represented By: Rodney Douglas Webb
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Defendant: South Carolina Department of Education
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