McCoy v. Cox Communications
| Clint McCoy |
| Cox Communications |
| 1:2022cv01289 |
| November 14, 2022 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| T S Ellis |
| Civil Rights: Accommodations |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 REPLY to Response to Motion re #24 MOTION to Dismiss for Failure to State a Claim Amended Complaint filed by Cox Communications. (Ingle, Gilda) |
| Filing 31 Opposition and Response to Order to Show Cause filed by Clint McCoy. (Attachments: #1 Proposed Order)(Hughes, Matthew) |
Filing 30
ORDERED that Plaintiff's motion for extension of time #29 is DENIED. Plaintiff may nonetheless submit his response out of time if Plaintiff complies with the terms of the Order to Show Cause #28 . Signed by District Judge T. S. Ellis, III on 11/6/2023. (tran)
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| Filing 29 First MOTION for Extension of Time to File Response/Reply as to #25 Memorandum in Support by Clint McCoy. (Attachments: #1 Proposed Order Proposed Order Granting EOT)(Hughes, Matthew) |
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Filing 28
ORDERED that Plaintiff are DIRECTED to SHOW CAUSE as to why this action should not be dismissed for failure to prosecute by filing a memorandum opposing Defendant's motion to dismiss on or before 5:00 p.m. on Thursday, November 9, 2023. If Plaintiff does not show cause timely, Plaintiff's claims will be dismissed. See Pham, 583 F. App'x at 217. Signed by District Judge T. S. Ellis, III on 11/2/2023. (tran)
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| Reset Deadline as to #24 MOTION to Dismiss for Failure to State a Claim Amended Complaint. Motion Hearing reset for 11/17/2023 at 11:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (wgar, ) |
| Filing 27 Notice of Hearing Date Amended Notice re #24 MOTION to Dismiss for Failure to State a Claim Amended Complaint (Ingle, Gilda) |
| Reset Deadlines as to #24 MOTION to Dismiss for Failure to State a Claim Amended Complaint. Motion Hearing reset for 11/3/2023 at 03:15 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (tran) |
| Set Deadline as to #24 MOTION to Dismiss for Failure to State a Claim Amended Complaint. Motion Hearing set for 10/27/2023 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (wgar, ) |
| Filing 26 Notice of Hearing Date set for October 27, 2023 re #24 MOTION to Dismiss for Failure to State a Claim Amended Complaint, #25 Memorandum in Support (Ingle, Gilda) |
| Filing 25 Memorandum in Support re #24 MOTION to Dismiss for Failure to State a Claim Amended Complaint filed by Cox Communications. (Attachments: #1 Exhibit A)(Ingle, Gilda) |
| Filing 24 MOTION to Dismiss for Failure to State a Claim Amended Complaint by Cox Communications. (Attachments: #1 Proposed Order)(Ingle, Gilda) |
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Filing 23
ORDERED that Plaintiff's Proposed Amended Complaint (Dkt. 17-3) is hereby DESIGNATED Plaintiff's First Amended Complaint and DEEMED the operative pleading in this case. It is further ORDERED that Defendant is DIRECTED to file a responsive pleading on or before Friday, September 15, 2023. It is further ORDERED that Plaintiff is WARNED that failure to comply with this Court's orders may result in sanctions, up to and including involuntary dismissal of this case (see Order for further details). Signed by District Judge T. S. Ellis, III on 8/24/2023. (Dest)
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| Filing 22 AMENDED COMPLAINT against Cox Communications, filed by Clint McCoy. (Dest) |
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Filing 21
ORDERED that Plaintiff's Motion for Extension of Time #17 is GRANTED. It is further ORDERED that Plaintiff's Motion for Leave to File Amended Complaint #14 is GRANTED. It is further ORDERED that Plaintiff file his proposed amended complaint (Dkt. #17 -3) as Plaintiff's Amended Complaint on or before Monday, August 21, 2023. Briefing on any motion to dismiss shall proceed pursuant to Local Civil Rule 7(f)(1). Signed by District Judge T. S. Ellis, III on 8/15/2023. (tran)
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| Filing 20 Opposition to #18 Memorandum in Support, #17 First MOTION for Extension of Time to Amend #14 First MOTION to Amend/Correct Complaint filed by Cox Communications. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ingle, Gilda) |
| Filing 19 Waiver of Oral Argument by Clint McCoy (Hughes, Matthew) |
| Filing 18 Memorandum in Support re #17 First MOTION for Extension of Time to Amend #14 First MOTION to Amend/Correct Complaint filed by Clint McCoy. (Hughes, Matthew) |
| Notice of Correction re #17 First MOTION for Extension of Time to Amend [Dkt. 14] First MOTION to Amend/Correct Complaint . Unfortunately, the Motion was filed without a Notice of Hearing Date. The filing user has been notified to file a Notice of Hearing Date, or a Notice of Waiver of Oral Argument. Additionally, the motion contains more than one pleading. (As a reminder, we request that filing users file a copy of the same document separately for each pleading.) Please file the Memorandum in Support again separately. |
| Filing 17 First MOTION for Extension of Time to Amend #14 First MOTION to Amend/Correct Complaint by Clint McCoy. (Attachments: #1 Memorandum in Support of, #2 Proposed Order, #3 Proposed Amended Complaint)(Hughes, Matthew) |
| Filing 16 RESPONSE in Opposition re #14 First MOTION to Amend/Correct Complaint, #15 First MOTION to Amend/Correct #14 First MOTION to Amend/Correct Complaint filed by Cox Communications. (Ingle, Gilda) |
| Notice of Correction re #15 First MOTION to Amend/Correct #14 First MOTION to Amend/Correct Complaint . Document number was filed using the wrong docket event. The "Memorandum in Support" event was incorrectly filed as "First MOTION to Amend/Correct." The clerk's office staff corrected this error. No further action is required at this time. (Dest) |
| Filing 15 Memorandum in Support re #14 First MOTION to Amend/Correct Complaint by Clint McCoy. (Hughes, Matthew). Modified to correct docket event on 4/10/2023 (Dest). |
| Filing 14 First MOTION to Amend/Correct Complaint by Clint McCoy. (Attachments: #1 Proposed Order)(Hughes, Matthew) |
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Filing 13
ORDERED that defendant's Motion to Dismiss the Complaint #2 is GRANTED. The Complaint be and is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that plaintiff may file a motion for leave to file an amended complaint on or before April 6, 2023 at 5:00 p.m. If plaintiff fails to file a motion for leave to file an amended complaint by that date, then the Complaint shall be dismissed with prejudice. It is further ORDERED that defendant shall respond to plaintiff's motion for leave to file an amended complaint no later than April 17, 2023 at 5:00 p.m. Signed by District Judge T. S. Ellis, III on 03/23/2023. (tran)
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| Filing 12 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 3/23/2023 re #2 MOTION to Dismiss for Failure to State a Claim filed by Cox Communications.Matthew Hughes appeared on behalf of the plaintiff.Gilda Ingle and Laura Saracina appeared on behalf of the defendant.Matter argued. Court dismisses the complaint. Plaintiff will have until April 6, 2023 to file the motion, the memorandum and the proposed amended complaint. Defendant will have until April 17, 2023 to file any future motion to dismiss. Order to follow. Court Reporter: R. Stonestreet(tran) |
| Filing 11 REPLY to Response to Motion re #2 MOTION to Dismiss for Failure to State a Claim filed by Cox Communications. (Attachments: #1 Exhibit A)(Ingle, Gilda) |
| Reset Deadlines as to #2 MOTION to Dismiss for Failure to State a Claim . Motion Hearing reset for 3/23/2023 at 02:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (tran) |
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Filing 10
ORDER granting #9 Consent MOTION for Extension of Time to File Response/Reply. It is ORDERED that defendant's Reply brief in further support of its Motion to Dismiss shall be due no later than Tuesday, March 21, 2023. Signed by District Judge T. S. Ellis, III on 3/15/2023. (Dest)
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| Filing 9 Consent MOTION for Extension of Time to File Response/Reply as to #2 MOTION to Dismiss for Failure to State a Claim by Cox Communications. (Attachments: #1 Proposed Order)(Ingle, Gilda) |
| Filing 8 Opposition to #3 Memorandum in Support, #2 MOTION to Dismiss for Failure to State a Claim filed by Clint McCoy. (Hughes, Matthew) |
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Filing 7
ORDER TO SHOW CAUSE: ORDERED that plaintiff shall show cause, as to why the Court should not dismiss plaintiff's Complaint for failure to prosecute, by filing an opposition brief to defendant's Motion to Dismiss the Complaint, no later than Thursday, March 9, 2023. It is further ORDERED that defendant's reply in further support of its Motion to Dismiss shall be due no later than Thursday, March 16, 2023. It is further ORDERED that the motion hearing in this matter presently scheduled for Friday, March 10, 2023 is POSTPONED. The hearing will now occur on Friday, March 24, 2023 at 1:30 p.m. in courtroom 800. Signed by District Judge T. S. Ellis, III on 02/28/2023. (tran)
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| Reset Deadlines as to #2 MOTION to Dismiss for Failure to State a Claim . Motion Hearing reset for 3/24/2023 at 01:30 PM in Alexandria Courtroom 800 before District Judge T. S. Ellis III. (tran) |
| Set Deadline as to #2 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 3/10/2023 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (wgar, ) |
| Filing 6 Notice of Hearing Date re #2 MOTION to Dismiss for Failure to State a Claim (Ingle, Gilda) |
| Notice of Correction re #2 MOTION to Dismiss for Failure to State a Claim . Unfortunately, the motion was filed without a Notice of Hearing Date that sets the motion for a Friday docket. The filing user has been notified to file a Notice of Hearing Date, or a Notice of Waiver of oral Argument (Dest) |
| Filing 5 NOTICE of Appearance by Laura Ann Saracina on behalf of Cox Communications (Saracina, Laura) |
| Filing 4 Financial Interest Disclosure Statement (Local Rule 7.1) by Cox Communications. (Ingle, Gilda) |
| Filing 3 Memorandum in Support re #2 MOTION to Dismiss for Failure to State a Claim filed by Cox Communications. (Ingle, Gilda) |
| Filing 2 MOTION to Dismiss for Failure to State a Claim by Cox Communications. (Attachments: #1 Proposed Order)(Ingle, Gilda) |
| Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge John F. Anderson. (nneb) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8658827.), filed by Cox Communications.(Hughes, Matthew) |
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| Plaintiff: Clint McCoy | |
| Represented By: | Matthew E Hughes |
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| Defendant: Cox Communications | |
| Represented By: | Gilda Bethany Ingle |
| Represented By: | Laura Ann Saracina |
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