McArthur et al v. Brabrand et al
| Eric McArthur, Jenny McArthur, M. M., m j m, mdm and mhm |
| Scott Brabrand, Stella Pekarsky and Gloria Addo Ayensu |
| 1:2021cv01435 |
| December 23, 2021 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Ivan D Davis |
| Civil Rights: Education |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2022. A more recent docket listing may be available from PACER.
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Filing 27
ORDER: Scheduled for oral argument this Thursday, February 24, 2022, are Dr. Gloria Addo Ayensu's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [Dkt. No. 12] and Scott Brabrand and Stella Pekarsky's Motion to Dismiss [Dkt. No. 15]. Plaintiffs have not filed oppositions to those motions, but rather filed an Amended Complaint on February 7, 2022, adding three minor plaintiffs to the civil action. [Dkt. No. 20]. Because this amendment may impact arguments made in the pending motions to dismiss, it is hereby ORDERED that oral argument scheduled for Thursday, February 24, 2022, be and is CANCELLED to allow defendants sufficient time to detem1ine whether to file amended motions or proceed on their pending motions; and it is further ORDERED that any future hearing be rescheduled at 10:00 AM on a Friday that is mutually convenient for the parties. Signed by District Judge Leonie M. Brinkema on 2/18/22. (yguy)
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Filing 26
Brief in Support to #25 MOTION for Preliminary Injunction filed by M. M., Eric McArthur, Jenny McArthur, m j m, mdm, mhm. (Vecchione, John)
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Filing 25
MOTION for Preliminary Injunction by M. M., Eric McArthur, Jenny McArthur, m j m, mdm, mhm. (Vecchione, John)
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Filing 24
NOTICE by M. M., Eric McArthur, Jenny McArthur, m j m, mdm, mhm re #20 Amended Complaint (Attachments: #1 Affidavit Jenny McArthur Dec., #2 Exhibit Joint Dec, #3 Exhibit Bhattacharya dec, #4 Exhibit CDC FOIA Letter, #5 Exhibit Koka Dec)(Vecchione, John)
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Filing 23
AFFIDAVIT of Service for summons and complaint served on Stella Pekarsky on 12/28/2021, filed by M. M., Eric McArthur, Jenny McArthur, m j m, mdm, mhm. (Vecchione, John)
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Filing 22
AFFIDAVIT of Service for summons and complaint served on Scott Braband on 12/28/2021, filed by M. M., Eric McArthur, Jenny McArthur, m j m, mdm, mhm. (Vecchione, John)
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Filing 21
AFFIDAVIT of Service for summons and complaint served on Gloria Addo Ayensu on 12/28/2021, filed by M. M., Eric McArthur, Jenny McArthur, m j m, mdm, mhm. (Vecchione, John)
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Filing 20
AMENDED COMPLAINT adding minor plaintiffs against All Plaintiffs, filed by M. M., Jenny McArthur, Eric McArthur, m j m, mdm, mhm.(Vecchione, John)
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Filing 19
NOTICE by M. M., Eric McArthur, Jenny McArthur re #18 MOTION for Temporary Restraining Order and PI to prevent exclusion from school MM allowed to return to school (Vecchione, John)
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Filing 18
MOTION for Temporary Restraining Order and PI to prevent exclusion from school by M. M., Eric McArthur, Jenny McArthur. (Attachments: #1 Exhibit Brief in Support of Motion, #2 Exhibit Declaration of Jenny McArthur)(Vecchione, John)
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Case Reassigned to District Judge T. S. Ellis, III. District Judge Patricia Tolliver Giles no longer assigned to the case. (jlan)
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Case Reassigned to District Judge Leonie M. Brinkema. District Judge T. S. Ellis, III no longer assigned to the case. (jlan)
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Set Deadlines as to #15 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction. Motion Hearing set for 2/24/2022 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (clar, )
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Filing 17
Notice of Hearing Date re #15 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction, #16 Memorandum in Support (McElhaney, Ian)
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Filing 16
Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction filed by Scott Brabrand, Stella Pekarsky. (McElhaney, Ian)
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Filing 15
MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction by Scott Brabrand, Stella Pekarsky. (McElhaney, Ian)
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Set Deadlines as to #12 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 2/24/2022 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (clar, )
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Filing 14
Notice of Hearing Date set for February 24, 2022 re #12 MOTION to Dismiss for Failure to State a Claim (Hardy, Robert)
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Notice of Correction re #12 MOTION to Dismiss for Failure to State a Claim. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm)
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Filing 13
Memorandum in Support re #12 MOTION to Dismiss for Failure to State a Claim filed by Gloria Addo Ayensu. (Hardy, Robert)
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Filing 12
MOTION to Dismiss for Failure to State a Claim by Gloria Addo Ayensu. (Hardy, Robert)
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Filing 11
ORDERED that the Amended Consent Motion is GRANTED. It is further ORDERED that the School Defendants shall file their responsive pleadings to the Complaint on or before January 25, 2022. Signed by Magistrate Judge Ivan D. Davis on 01/15/2022. (dvanm)
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Filing 10
Waiver of hearing on Amended Consent Motion for Extension of Deadline to File Responsive Pleadings by Five Business Days by Scott Brabrand, Stella Pekarsky (Haslebacher, Emily)
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Filing 9
Amended MOTION for Extension of Deadline to File Responsive Pleadings by Five Business Days by Scott Brabrand, Stella Pekarsky. (Attachments: #1 Proposed Order)(Haslebacher, Emily)
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Filing 8
ORDER denying without prejudice #6 Motion for Extension of Time to File. Signed by Magistrate Judge Ivan D. Davis on 01/14/2022. (dvanm)
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Filing 7
Waiver of Oral Argument on Motion for Extension of Deadline to File Responsive Pleadings by Five Business Days by Scott Brabrand, Stella Pekarsky (Haslebacher, Emily)
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Filing 6
Consent MOTION for Extension of Deadline to File Responsive Pleadings by Five Business Days by Scott Brabrand, Stella Pekarsky. (Attachments: #1 Proposed Order)(Haslebacher, Emily)
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Filing 5
ORDER granting #4 Motion for Pro hac vice Appointed Jenin Younes for M. M., Eric McArthur, and Jenny McArthur. Signed by District Judge Patricia Tolliver Giles on 1/4/2022. (kgall)
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Filing 4
Motion to appear Pro Hac Vice by Jenin Younes and Certification of Local Counsel John J Vecchione Filing fee $ 75, receipt number AVAEDC-8172124. by M. M., Eric McArthur, Jenny McArthur. (Vecchione, John)
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Filing 3
Summons Issued as to Gloria Addo Ayensu, Scott Brabrand, Stella Pekarsky, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice)(dvanm, )
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Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Ivan D. Davis. (dvanm, )
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Filing 2
Proposed Summons by M. M., Eric McArthur, Jenny McArthur. (Vecchione, John)
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Filing 1
Complaint ( Filing fee $ 402, receipt number AVAEDC-8168388.), filed by Eric McArthur, M. M., Jenny McArthur. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(Vecchione, John)
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