Allison v. Norfolk Academy et al
| Joan Allison |
| Dennis Manning, Norfolk Academy and Dennis G. Manning |
| 2:2020cv00612 |
| December 7, 2020 |
| US District Court for the Eastern District of Virginia |
| Arenda L Wright Allen |
| Robert J Krask |
| Lawrence R Leonard |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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| Filing 87 Jury Trial proceedings (Day #1) held before District Judge Arenda L. Wright Allen on 11/15/2022. Thomas Shumaker, II present on behalf of the Plaintiff. Charles Meyer, III and Aretina Samuel-Priestley present on behalf of the Defendants. Comments of Court. Petit jurors sworn, examined on voir dire and from said panel came a jury of 10 who were duly sworn. Jurors not serving excused. Witnesses excluded. Opening arguments of counsel heard. Juror #36 later excused for cause. Stipulations read into the record by counsel for the Plaintiff. Court adjourned and jurors excused to return tomorrow, 11/16/2022 at 9:00 a.m. in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. (Court Reporter Paul McManus.)(lhow) |
Filing 86
ORDER: Plaintiff's Motion, ECF No. 56, is DENIED at this time. Copies of this Order sent as DIRECTED on 11.10.22. Signed by Magistrate Judge Lawrence R. Leonard and filed on 11/10/22. (epri, )
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Filing 84
ORDER: Defendants' Motion in Limine to Exclude Plaintiff's Back Pay and Front Pay Claims, ECF No. 50, is GRANTED. Copies of this Order sent as DIRECTED on 11.10.22. Signed by Magistrate Judge Lawrence R. Leonard and filed on 11/10/22. (epri, )
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| Filing 83 Proposed Jury Instructions by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
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Filing 81
ORDER: Defendants' Motion, ECF No. 52, is DISMISSED as moot. Copies of this Order sent as DIRECTED on 11.9.22. Signed by Magistrate Judge Lawrence R. Leonard and filed on 11/9/22. (epri, )
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| Filing 80 Exhibit List by Joan Allison.. (Shumaker, Thomas) |
| Filing 79 Witness List by Joan Allison. (Shumaker, Thomas) |
| Filing 78 Proposed Voir Dire by Joan Allison. (Shumaker, Thomas) |
| Filing 77 Proposed Jury Instructions by Joan Allison. (Shumaker, Thomas) |
| Filing 76 NOTICE by Dennis G. Manning, Norfolk Academy filing of Final Joint Pretrial Order (Meyer, Charles) |
| Filing 75 DEFENDANTS PROPOSED JURY INSTRUCTIONS AND VERDICT FORM by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 74 JOINT PROPOSED JURY INSTRUCTIONS AND VERDICT FORM by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 73 Proposed Voir Dire by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 72 TRIAL BRIEF by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 71 Defendants' Witness List by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 70 Defendants' Exhibit List by Dennis G. Manning, Norfolk Academy.. (Meyer, Charles) |
| Filing 69 Plaintiff and Defendants' Joint Exhibit List by Dennis G. Manning, Norfolk Academy.. (Meyer, Charles) |
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Filing 67
ORDER: Defendants' Motion, ECF No. 54, is DENIED. Copies of this Order sent as DIRECTED on 11.4.22. Signed by Magistrate Judge Lawrence R. Leonard and filed on 11/4/22. (epri, )
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| MOTIONS REFERRED to Magistrate Judge: Lawrence Leonard. #56 First MOTION in Limine to exclude post decision evidence, #52 Second MOTION in Limine to Exclude T. Gaba and M. Jack Testimony, #50 First MOTION in Limine to Exclude Plaintiff's Back Pay and Front Pay Claims (epri, ) |
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Filing 66
ORDER: Defendants' Motion to Strike (ECF No. 42) is GRANTED in part and DENIED in part, See Order fro details. Defendants' Motion for Summary Judgment (ECF No. 29), is GRANTED in part and DENIED in part. The Motion for Summary Judgment is GRANTED as to Counts VII and VIII (Constructive Discharge). The Motion is DENIED, however, as to Count I (Race Discrimination in violation of Title VII against Norfolk Academy) and Count II (Race Discrimination in violation of Section 1981 against all Defendants). Copies of this Order sent as DIRECTED on 11.3.22. Signed by District Judge Arenda L. Wright Allen and filed on 11/3/22. (epri, )
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| MOTIONS REFERRED to Magistrate Judge: #54 Third MOTION in Limine to Exclude Unrelated Complaints of Student Conduct (epri, ) |
| Filing 65 REPLY to Response to Motion re #54 Third MOTION in Limine to Exclude Unrelated Complaints of Student Conduct filed by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 64 Memorandum in Opposition re #54 Third MOTION in Limine to Exclude Unrelated Complaints of Student Conduct filed by Joan Allison. (Shumaker, Thomas) |
| Filing 63 Memorandum in Opposition re #52 Second MOTION in Limine to Exclude T. Gaba and M. Jack Testimony filed by Joan Allison. (Shumaker, Thomas) |
| Filing 62 Memorandum in Opposition re #50 First MOTION in Limine to Exclude Plaintiff's Back Pay and Front Pay Claims filed by Joan Allison. (Shumaker, Thomas) |
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Filing 61
FINAL PRETRIAL ORDER Signed by Magistrate Judge Lawrence R. Leonard on 10/28/22. (epri, )
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| Filing 60 NOTICE by Joan Allison Objections to Defendants' Rule 26(a)(3) Exhibit List (Shumaker, Thomas) |
| Filing 59 NOTICE by Dennis G. Manning, Norfolk Academy Objections to Plaintiff's 26(a)(3) Pretrial Disclosures (Meyer, Charles) |
| Filing 58 Memorandum in Opposition re #56 First MOTION in Limine to exclude post decision evidence filed by Dennis G. Manning, Norfolk Academy. (Attachments: #1 Exhibit 1 - 6.14.19 Email, #2 Exhibit 2 - Dep. excerpts of D. Manning, #3 Exhibit 3 - Dep. excerpts of P. McLaughlin)(Meyer, Charles) |
| Filing 57 Memorandum in Support re #56 First MOTION in Limine to exclude post decision evidence filed by Joan Allison. (Attachments: #1 Exhibit)(Shumaker, Thomas) |
| Filing 56 First MOTION in Limine to exclude post decision evidence by Joan Allison. (Shumaker, Thomas) |
| Filing 55 Memorandum in Support re #54 Third MOTION in Limine to Exclude Unrelated Complaints of Student Conduct filed by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 54 Third MOTION in Limine to Exclude Unrelated Complaints of Student Conduct by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 53 Memorandum in Support re #52 Second MOTION in Limine to Exclude T. Gaba and M. Jack Testimony filed by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 52 Second MOTION in Limine to Exclude T. Gaba and M. Jack Testimony by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 51 Memorandum in Support re #50 First MOTION in Limine to Exclude Plaintiff's Back Pay and Front Pay Claims filed by Dennis G. Manning, Norfolk Academy. (Attachments: #1 Exhibit A - J. Allison Dep Excerpts)(Meyer, Charles) |
| Filing 50 First MOTION in Limine to Exclude Plaintiff's Back Pay and Front Pay Claims by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
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Filing 49
ORDER: The Court GRANTS this Motion, ECF No. 47, and authorizes the filing of a stipulation in place of ECF No. 34- 10. The Court further authorizes the Clerk to replace ECF 34-10 with the stipulation attached to Plaintiff's Motion. Copies sent on 9.2.22. Signed by Magistrate Judge Lawrence R. Leonard on 9/2/22. (epri, )
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| MOTIONS REFERRED to Magistrate Judge: #47 MOTION for Leave to File Stipulation, nunc pro tunc (epri, ) |
| Filing 48 Memorandum in Support re #47 MOTION for Leave to File Stipulation, nunc pro tunc filed by Joan Allison. (Shumaker, Thomas) |
| Filing 47 MOTION for Leave to File Stipulation, nunc pro tunc by Joan Allison. (Attachments: #1 proposed exhibit replacement, #2 Proposed Order)(Shumaker, Thomas) |
| Filing 46 REPLY to Response to Motion re #42 MOTION to Strike Declarations of Gertrude "Trudy" Gaba (ECF No. 34-1) and Meg Jack (ECF No. 34-11) filed by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 45 Memorandum in Opposition re #42 MOTION to Strike Declarations of Gertrude "Trudy" Gaba (ECF No. 34-1) and Meg Jack (ECF No. 34-11) filed by Joan Allison. (Shumaker, Thomas) |
| Filing 44 REPLY to Response to Motion re #29 MOTION for Summary Judgment filed by Dennis G. Manning, Norfolk Academy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Meyer, Charles) |
| Filing 43 Brief in Support to #42 MOTION to Strike Declarations of Gertrude "Trudy" Gaba (ECF No. 34-1) and Meg Jack (ECF No. 34-11) filed by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 42 MOTION to Strike Declarations of Gertrude "Trudy" Gaba (ECF No. 34-1) and Meg Jack (ECF No. 34-11) by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 41 EXHIBIT filing of redacted exhibits pursuant to 8/3/22 Order (No. 40) by Joan Allison.. (Attachments: #1 Exhibit to replace no. 34-3, #2 Exhibit to replace no. 34-4, #3 Exhibit to replace 34-5, #4 Exhibit to replace 34-7, #5 Exhibit to replace 34-9, #6 Exhibit to replace 34-16, #7 Exhibit to replace 34-27, #8 Exhibit to replace 34-29)(Shumaker, Thomas) |
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Filing 40
ORDER granting #38 a Consent Motion to Amend/Correct Redactions, nunc pro tunc: For good cause shown, the Motion is GRANTED and Plaintiff SHALL be granted leave to file redacted versions of Plaintiff's Exhibits 3, 4, 5, 7, 9, 16, 27, and 29 as replacements for the counterpart exhibits that were filed on July 28, 2022. Signed by District Judge Arenda L. Wright Allen on 08/03/2022. (Allen, Arenda)
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| Filing 39 Memorandum in Support re #38 Consent MOTION to Amend/Correct Redactions, nunc pro tunc filed by Joan Allison. (Shumaker, Thomas) |
| Filing 38 Consent MOTION to Amend/Correct Redactions, nunc pro tunc by Joan Allison. (Attachments: #1 Proposed Order)(Shumaker, Thomas) |
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Filing 37
ORDER: The Motion to Exceed Page Limit and Extend Time for Filing of Reply Brief in Support of Motion for Summary Judgment, ECF No. #36 , is GRANTED. Defendants may file a Reply in Support of their Motion for Summary Judgement up to twenty-five (25) pages in length and such Reply SHALL be filed by Monday, August 8, 2022. Signed by District Judge Arenda L. Wright Allen and filed on 8/2/22. (epri, )
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| Filing 36 MOTION for Leave to File Excess Pages and to Extend Time for Filing of Reply Brief by Dennis G. Manning, Norfolk Academy. (Attachments: #1 Proposed Order)(Meyer, Charles) |
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Filing 35
ORDER granting #33 an Unopposed Motion for Leave to File Excess Pages filed by Plaintiff, Joan Allison. Specifically, Plaintiff seeks leave to file a Memorandum in Opposition to Defendant's Motion for Summary Judgement that exceeds the page limit by four (4) pages. For good cause shown, Plaintiff's Motion for Leave to File Excess Pages is GRANTED. Signed by District Judge Arenda L. Wright Allen on 07/29/2022. (Allen, Arenda)
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| Filing 34 Memorandum in Opposition re #29 MOTION for Summary Judgment filed by Joan Allison. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Affidavit, #8 Appendix, #9 Appendix, #10 Appendix, #11 Appendix, #12 Appendix, #13 Appendix, #14 Appendix, #15 Appendix, #16 Appendix, #17 Appendix, #18 Appendix, #19 Appendix, #20 Appendix, #21 Appendix, #22 Appendix, #23 Appendix, #24 Appendix, #25 Appendix, #26 Appendix, #27 Appendix, #28 Appendix, #29 Appendix, #30 Appendix, #31 Appendix)(Shumaker, Thomas) (Attachment 3 replaced on 8/4/2022) (epri, ). (Attachment 4 replaced on 8/4/2022) (epri, ). (Attachment 5 replaced on 8/4/2022) (epri, ). (Attachment 7 replaced on 8/4/2022) (epri, ). (Attachment 9 replaced on 8/4/2022) (epri, ). (Attachment 16 replaced on 8/4/2022) (epri, ). (Attachment 27 replaced on 8/4/2022) (epri, ). (Attachment 29 replaced on 8/4/2022) (epri, ). (Attachment 10 replaced on 9/2/2022) (epri, ). |
| Filing 33 MOTION for Leave to File Excess Pages by Joan Allison. (Attachments: #1 Proposed Order)(Shumaker, Thomas) |
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Filing 32
ORDER granting #27 Motion to Seal. It is ORDERED that Exhibits I, J, K, L, M, N, P, R, W, II, JJ, KK, LL, and MM to Defendants' Memorandum in Support of their Motion for Summary Judgment (ECF No. 30) shall be deemed as filed UNDER SEAL. Signed by District Judge Arenda L. Wright Allen on 7/18/22. (afar)
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| Filing 31 Notice of Under Seal Filing LCvR5 (C) by Dennis G. Manning, Norfolk Academy re Notice of Correction, #27 MOTION to Seal Exhibits in Support of Motion for Summary Judgment (Meyer, Charles) Modified text on 7/15/22 to reflect this is a Rule 5(C) Notice, rather than 5(B). (bpet, ) |
| Notice of Correction re #27 MOTION to Seal: The motion to seal is not accompanied by a separate, non-confidential notice (event: Notice of Filing Sealing Motion LCvR5(C)), and the exhibits proposed to be sealed have likewise not been filed (event: Sealed Attachment/Exhibit). The filing user is directed to submit said filings in accordance with the guidance in Chapter 8 of the ED/VA eFiling Policies and Procedures Manual and Local Rule 5(C). (bpet, ) |
| Filing 30 Memorandum in Support re #29 MOTION for Summary Judgment filed by Dennis G. Manning, Norfolk Academy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I (Under Seal), #10 Exhibit J (Under Seal), #11 Exhibit K (Under Seal), #12 Exhibit L (Under Seal), #13 Exhibit M (Under Seal), #14 Exhibit N (Under Seal), #15 Exhibit O, #16 Exhibit P (Under Seal), #17 Exhibit Q, #18 Exhibit R (Under Seal), #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W (Under Seal), #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II (Under Seal), #36 Exhibit JJ (Under Seal), #37 Exhibit KK (Under Seal), #38 Exhibit LL (Under Seal), #39 Exhibit MM (Under Seal))(Meyer, Charles) |
| Filing 29 MOTION for Summary Judgment by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 28 Memorandum in Support re #27 MOTION to Seal filed by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 27 MOTION to Seal by Dennis G. Manning, Norfolk Academy. (Attachments: #1 Proposed Order)(Meyer, Charles) |
| Minute Entry for proceedings held before Magistrate Judge Robert J. Krask: Settlement Conference held on 6/1/2022. (btit) |
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Filing 26
ORDER directing the Clerk to reassign this matter to an alternate United States Magistrate Judge. Signed by Magistrate Judge Robert J. Krask on 6/1/2022. (dbra, )
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| Case Reassigned to Magistrate Judge Lawrence R. Leonard. Magistrate Judge Robert J. Krask no longer assigned to the case. (dbra, ) |
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Filing 25
AMENDED Settlement Conference Order: The settlement conference scheduled for 1:30 p.m. on June 1,2022, will now take place remotely. SEE ORDER FOR DETAILS. Copies of this Order sent as DIRECTED on 5.24.22. Signed by Magistrate Judge Robert J. Krask and filed on 5/24/2022. (epri, )
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Filing 24
Order granting #23 a Motion to Withdraw as Attorney of Record for Defendants. For good cause shown, the Motion is GRANTED. The Clerk is DIRECTED to remove current counsel Mary Grace Miller of O'Hagan Meyer, PLLC as counsel of record for Defendants. This Order does not affect the continued representation of Defendants by Charles G. Meyer, III and Aretina K. Samuel-Priestley of O'Hagan Meyer, PLLC. Signed by District Judge Arenda L. Wright Allen on 05/13/2022. (Allen, Arenda)
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| Filing 23 MOTION to Withdraw as Attorney of Record for Defendants by Dennis G. Manning, Norfolk Academy. (Attachments: #1 Proposed Order)(Miller, Mary) |
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Filing 22
Settlement Conference Order: All parties and their lead counsel are required to appear at a settlement conference scheduled in the United States District Court, 600 Granby Street, Norfolk, Virginia 23510, at 1:30 p.m. on June 1, 2022; memorandum due by noon on May 25, 2022. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Robert J. Krask and filed on 2/9/2022. (epri, )
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| Set Hearings: Settlement Conference set for 6/1/2022 at 01:30 PM in Norfolk Judges Chamber before Magistrate Judge Robert J. Krask. (btit) |
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Filing 21
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Telephone Conference it is ordered that Final Pretrial Conference set for 10/28/2022 at 11:00 AM at the courthouse in Norfolk. Jury Trial set for 11/15/2022 at 10:00 AM at the courthouse in Norfolk. Signed by District Judge Arenda L. Wright Allen and filed on 1/7/2022. (lhow)
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| Telephone Scheduling Conference - Rule 16b held on 1/6/2022. (lhow) |
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Filing 20
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Telephone Scheduling Conference set for 1/6/2022 at 09:30 AM before District Judge Arenda L. Wright Allen. Signed by Magistrate Judge Robert J. Krask and filed on 11/8/2021. (lhow)
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| Referred for 16(b). (epri, ) |
| Filing 19 ANSWER to Complaint by Dennis G. Manning, Norfolk Academy.(Meyer, Charles) |
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Filing 18
ORDER: Defendants' Motion to Dismiss under Federal Rule of Civil Procedure 12 (b)(6) for Failure to State a Claim (ECF No. 11) is GRANTED in part and DENIED in part as follows: Counts III, IV, V, and VI are DISMISSED. Signed by District Judge Arenda L. Wright Allen on 8/26/2021. (afar)
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| Filing 17 NOTICE by Dennis G. Manning, Norfolk Academy (Samuel-Priestley, Aretina) |
| Filing 16 NOTICE by Norfolk Academy (Samuel-Priestley, Aretina) Modified on 3/25/2021; document removed per counsel's request - should have been linked to both defendants. To be refiled. (tamarm, ). |
| Filing 15 Reply Brief in Support of #11 MOTION to Dismiss for Failure to State a Claim filed by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) Modified text on 3/17/2021 (tamarm, ). |
| Filing 14 Memorandum in Opposition re #11 MOTION to Dismiss for Failure to State a Claim filed by Joan Allison. (Shumaker, Thomas) |
| Filing 13 Corporate Disclosure Statement by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 12 Memorandum in Support re #11 MOTION to Dismiss for Failure to State a Claim filed by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim by Dennis G. Manning, Norfolk Academy. (Meyer, Charles) |
| Filing 10 NOTICE of Appearance by Aretina Kisha Samuel-Priestley on behalf of Dennis G. Manning, Norfolk Academy (Samuel-Priestley, Aretina) |
| Filing 9 NOTICE of Appearance by Mary Grace Miller on behalf of Dennis G. Manning, Norfolk Academy (Miller, Mary) |
| Filing 8 NOTICE of Appearance by Charles Garrison Meyer, III on behalf of Dennis G. Manning, Norfolk Academy (Meyer, Charles) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Joan Allison. All Defendants. (Shumaker, Thomas) |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Joan Allison.(Shumaker, Thomas) |
| Filing 5 Summonses Issued as to Dennis Manning, Norfolk Academy. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Civil Motions Procedures)(epri, ) |
| Filing 4 Proposed Summons by Joan Allison. (Shumaker, Thomas) |
| Filing 3 Civil Cover Sheet re #1 Complaint by Joan Allison. (Shumaker, Thomas) |
| Filing 2 Proposed Summons by Joan Allison. (Shumaker, Thomas) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number 0422-7530361.), filed by Joan Allison. (Attachments: #1 Exhibit, # 2 Civil Cover Sheet)(Shumaker, Thomas) |
| Notice of Correction re [1-2] Civil Cover Sheet. Filing user has been directed to refile the Civil Cover Sheet and Proposed Summons in a non-fillable pdf format. (epri, ) |
| Initial Case Assignment to District Judge Arenda L. Wright Allen and Magistrate Judge Robert J. Krask. (epri, ) |
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