Kerr v. Bailey et al
Plaintiff: Lisa Marie Kerr
Defendant: David Pittenger, John Andrew Hess, Andrew Patrick Ballard, Marshall University Board of Governors, Jerome Gilbert, Sandra Bailey and Teresa Eagle
Case Number: 3:2019cv00443
Filed: June 10, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: Civil Rights: Education
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2019 Opinion or Order Filing 17 ORDER vacating #11 Clerk's Order Withdrawing and Transferring Reference to United States Magistrate Judge; directing the Clerk of Court to refer this case to Magistrate Judge Aboulhosn for discovery purposes only pursuant to Title 28, United States Code, Section 636. Signed by Judge Robert C. Chambers on 7/29/2019. (cc: counsel of record; any unrepresented party) (hkl)
July 29, 2019 Filing 16 MEMORANDUM OF LAW by Sandra Bailey, Andrew Patrick Ballard, Teresa Eagle, Jerome Gilbert, John Andrew Hess, Marshall University Board of Governors, David Pittenger in support of #15 MOTION by Sandra Bailey, Andrew Patrick Ballard, Teresa Eagle, Jerome Gilbert, John Andrew Hess, Marshall University Board of Governors, David Pittenger to Dismiss for Failure to State a Claim re: #1 Complaint. (Ramey, Ancil)
July 29, 2019 Filing 15 MOTION by Sandra Bailey, Andrew Patrick Ballard, Teresa Eagle, Jerome Gilbert, John Andrew Hess, Marshall University Board of Governors, David Pittenger to Dismiss for Failure to State a Claim re: #1 Complaint; Motion referred to Magistrate Judge Omar J. Aboulhosn.(Ramey, Ancil)
July 29, 2019 CASE no longer referred to Magistrate Judge Omar J. Aboulhosn for proposed findings and recommendation pursuant to the Court's #17 Order. (mkw)
July 29, 2019 CASE REFERRED TO MAGISTRATE JUDGE Omar J. Aboulhosn for discovery purposes only pursuant to Title 28, United States Code, Section 636 pursuant to the Court's #17 Order. (mkw)
July 27, 2019 Filing 14 WAIVER OF SERVICE EXECUTED. Waiver signed by Ancil Ramey on 07/23/2019. Sandra Bailey waiver mailed on 6/13/2019, answer due 8/12/2019; Teresa Eagle waiver mailed on 6/13/2019, answer due 8/12/2019; Jerome Gilbert waiver mailed on 6/13/2019, answer due 8/12/2019; John Andrew Hess waiver mailed on 6/13/2019, answer due 8/12/2019; Marshall University Board of Governors waiver mailed on 6/13/2019, answer due 8/12/2019; David Pittenger waiver mailed on 6/13/2019, answer due 8/12/2019. (Kerr, Lisa)
July 20, 2019 Filing 13 WAIVER OF SERVICE EXECUTED. Waiver signed by Robert H. Sweeney Jr. on 07/12/2019. Andrew Patrick Ballard waiver mailed on 6/13/2019, answer due 8/12/2019. (Kerr, Lisa)
June 20, 2019 Filing 12 ELECTRONIC SUMMONS ISSUED as to Sandra Bailey, Teresa Eagle, David Pittenger, John Andrew Hess, Andrew Patrick Ballard, Jerome Gilbert, Marshall University Board of Governors, re: #1 Complaint,. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons for Teresa Eagle, #2 Summons for David Pittenger, #3 Summons for John Andrew Hess, #4 Summons for Andrew Patrick Ballard, #5 Summons for Jerome Gilbert, #6 Summons for Marshall Univeristy Board of Governors) (hkl)
June 19, 2019 NOTICE OF DOCKET CORRECTION re: #11 CLERK'S ORDER WITHDRAWING AND TRANSFERRING REFERENCE TO UNITED STATES MAGISTRATE JUDGE. ERROR: Incorrect document attached.. CORRECTION: Image replaced and docket text updated. (klc)
June 18, 2019 CASE no longer referred to Magistrate Judge Cheryl A. Eifert. CASE REFERRED TO Magistrate Judge Omar J. Aboulhosn pursuant to #11 Order. (mkw)
June 18, 2019 Filing 11 VACATED PURSUANT TO THE COURT'S #17 ORDER FOR PROPOSED FINDINGS AND RECOMMENDATION ONLY. CLERK'S ORDER WITHDRAWING AND TRANSFERRING REFERENCE TO UNITED STATES MAGISTRATE JUDGE. The reference of this civil action for discovery purposes only pursuant to Title 28, United States Code, Section 636 is transferred from Magistrate Cheryl A. Eifert to Magistrate Judge Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 6/18/2019.(cc: Magistrate Judge Eifert; Magistrate Judge Aboulhosn; unrepresented parties; non CM/ECF users). (klc) (Modified on 6/19/2019 to correct document and docket text) (klc). (Main Document 11 replaced on 6/19/2019) (klc). (Modified on 7/29/2019 to note this order has been vacated for proposed findings of fact and recommendation only and referring this case to Magistrate Judge Aboulhosn for discovery purposes only pursuant to Title 28, United States Code, Section 636) (mkw).
June 11, 2019 Filing 10 CASE REFERRED TO MAGISTRATE JUDGE Magistrate Judge Cheryl A. Eifert. (ts)
June 11, 2019 Filing 9 SUMMONS SUBMITTED by Lisa Marie Kerr for David Pittenger, (Kerr, Lisa)
June 11, 2019 Filing 8 SUMMONS SUBMITTED by Lisa Marie Kerr for Marshall University Board of Governors, (Kerr, Lisa)
June 11, 2019 Filing 7 SUMMONS SUBMITTED by Lisa Marie Kerr for John Andrew Hess, (Kerr, Lisa)
June 11, 2019 Filing 6 SUMMONS SUBMITTED by Lisa Marie Kerr for Jerome Gilbert, (Kerr, Lisa)
June 11, 2019 Filing 5 SUMMONS SUBMITTED by Lisa Marie Kerr for Teresa Eagle, (Kerr, Lisa)
June 11, 2019 Filing 4 SUMMONS SUBMITTED by Lisa Marie Kerr for Andrew Patrick Ballard, (Kerr, Lisa)
June 11, 2019 Filing 3 SUMMONS SUBMITTED by Lisa Marie Kerr for Sandra Bailey, (Kerr, Lisa)
June 11, 2019 Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (jsa) (Modified on 6/13/2019 to refer case to Judge Eifert for Findings of Fact and Recommendations for disposition) (ts).
June 10, 2019 Filing 1 COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7275017. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3a, #4 Exhibit 3b, #5 Exhibit 4a, #6 Exhibit 4b, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Civil Cover Sheet) (jsa)

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Defendant: David Pittenger
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Defendant: John Andrew Hess
Represented By: Ancil G. Ramey
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Defendant: Andrew Patrick Ballard
Represented By: Ancil G. Ramey
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Defendant: Marshall University Board of Governors
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Defendant: Jerome Gilbert
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Defendant: Sandra Bailey
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Defendant: Teresa Eagle
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Plaintiff: Lisa Marie Kerr
Represented By: Lisa M. Kerr
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