1
|
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-6702430.), filed by DS, Niya Kenny, Taurean Nesmith, SP, Girls Rock Charleston Inc. Service due by 11/14/2016. (Attachments: # 1 Appendix 1: 1919 S.c. Acts 239, # 2 Appendix 2: 1968 S.C. Acts 2308, # 3 Appendix 3: 1972 S.C. Acts 1426, # 4 Appendix 4:In re Joelle T., No. 20 1 0-UP-547, 2010 WL 10088227, at *1 (S.C. Ct. App. Dec. 16,2010), # 5 Appendix 5: 1994 S.C. Op. Att'yGen. 25,1994 WL 199757, # 6 Appendix 6:Letter from Robert D. Cook, S.c. Assistant Att'y Gen., to Hon. John W. Holcombe, # 7 Appendix 7: 1990 S.C. Op. Att'y Gen. 61, 1990 WL 482448, # 8 Appendix Index to Appendices)(vdru, ) (Entered: 08/12/2016)
|
Aug. 11, 2016
|
Aug. 11, 2016
PACER
|
2
|
Local Rule 26.01 Answers to Interrogatories by DS, Girls Rock Charleston Inc, Niya Kenny, Taurean Nesmith, SP.(vdru, ) (Main Document 2 replaced on 8/18/2016) (vdru, ). Modified to replace with corrected document provided by filer on 8/18/2016 (vdru, ). (Entered: 08/12/2016)
|
Aug. 11, 2016
|
Aug. 11, 2016
PACER
|
3
|
Summons Issued as to All Defendants. (vdru, ) (Entered: 08/12/2016)
|
Aug. 11, 2016
|
Aug. 11, 2016
PACER
|
5
|
MOTION for Preliminary Injunction by Niya Kenny. Response to Motion due by 9/2/2016. (Attachments: # 1 Affidavit Decl of Plaintiff Kenny, # 2 Affidavit Decl. of Plaintiff Nesmith, # 3 Affidavit Decl. of Carpenter on behalf of Plaintiff Girls Rock, # 4 Affidavit Decl. of Plaintiff D.S., # 5 Affidavit Decl. of Plaintiff S.P., # 6 Affidavit Decl. of K,B. (minor), # 7 Affidavit Decl. of French Marcelin, # 8 Affidavit Decl. of Ryan (expert), # 9 Addendum Refernces and endnotes to Ryan's decl., # 10 Appendix Part 1 of Appendix to Ryan Decl. Curriculum vitae, # 11 Appendix Part 2 of Appendix to Ryan 's Decl. Curriculum vitae., # 12 Affidavit Decl. of Kayiza, # 13 Exhibit Ex. A DJJ statistics, # 14 Exhibit Ex. B Incident reports, # 15 Exhibit Ex. C.1 Charleston County School District Code of Conduct, # 16 Exhibit Ex. C.2 Richland One Discipline Code of Conduct, # 17 Exhibit Ex C.3 Greenville County School District Student Code, # 18 Exhibit Ex. C.4 Richland School District 2 Back-2-School Handbook, # 19 Exhibit Ex. C-5 Spring Valley 2015-2016 Student Handbook, # 20 Exhibit Ex. D Excerpts from DJJ facilities descriptions, # 21 Exhibit Ex. E Publication of 13th Circuit Public Defenders Office, # 22 Exhibit Ex.F Expungement information, # 23 Exhibit Ex. G. Description of Twilight program, # 24 Exhibit Ex. H Letter from Solicitor Donald Myers, # 25 Exhibit Ex. I DOJ COPS Fact Sheet on SROs)No proposed order.(Dunn, Susan) (Entered: 08/16/2016)
|
Aug. 16, 2016
|
Aug. 16, 2016
PACER
|
6
|
MOTION to Certify Class by Niya Kenny. Response to Motion due by 9/6/2016. (Attachments: # 1 Appendix Henry v. Jefferson Cty. Planning Commn, No. 99-2122, 215 F.3d 1318, 2000 WL 742188 (4th Cir. 2000), # 2 Appendix R.A.G. ex rel. R.B. v. Buffalo City Sch. Dist. Bd. of Educ., 569 F. Appx 41 (2d Cir. 2014), # 3 Appendix R.A-G ex rel. R.B. v. Buffalo City Sch. Dist. Bd. of Educ., No. 12-CV-960S, 2013 WL 3354424 (W.D.N.Y. July 3, 2013), # 4 Affidavit Decl. of Plaintiff Kenny, # 5 Affidavit Decl. of Plaintiff Nesmith, # 6 Affidavit Decl. of Carpenter on behalf of Plaintiff Girls Rock, # 7 Affidavit Decl. of Plaintiff D.S., # 8 Affidavit Decl. of Plaintiff S.P., # 9 Affidavit Decl. of Plaintiff K.B.)No proposed order.(Dunn, Susan) (Entered: 08/17/2016)
|
Aug. 17, 2016
|
Aug. 17, 2016
PACER
|
7
|
MOTION for Extension of Time by Lance Crowe, Ken Miller, Steve Moore, A Keith Morton, Alan Wilson. Response to Motion due by 9/12/2016. Proposed order is being emailed to chambers with copy to opposing counsel.(Smith, James) (Entered: 08/25/2016)
|
Aug. 25, 2016
|
Aug. 25, 2016
PACER
|
8
|
ORDER granting 7 Motion for Extension of Time. It is ordered that the Defendants are granted a 21 day extension in addition to the 21 days allowed by Rule 12, FRCP, after service, for a total of 42 days to respond to the Complaint following service. They are also granted a 28 day extension to respond to Plaintiffs' Motions for Preliminary Injunction and Class Certification in addition to the 14 allowed by Local Rule 7.06 after service, for a total of 42 days to respond to the Motions following service. Signed by Honorable C Weston Houck on 8/26/2016.(vdru, ) (Entered: 08/26/2016)
|
Aug. 26, 2016
|
Aug. 26, 2016
PACER
|
9
|
MOTION to Appear Pro Hac Vice by Sarah Ann Hinger ( Filing fee $ 250 receipt number 0420-6734015) by Niya Kenny. Response to Motion due by 9/15/2016. (Attachments: # 1 Affidavit Application of Sarah Hinger, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 08/29/2016)
|
Aug. 29, 2016
|
Aug. 29, 2016
PACER
|
10
|
MOTION to Appear Pro Hac Vice by Dennis David Parker ( Filing fee $ 250 receipt number 0420-6734036) by Niya Kenny. Response to Motion due by 9/15/2016. (Attachments: # 1 Affidavit Application of Dennis Parker, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Attachment 1 replaced on 8/31/2016) (vdru, ). Modified to replace attachment #1 with corrected document provided by the filer on 8/31/2016 (vdru,). (Entered: 08/29/2016)
|
Aug. 29, 2016
|
Aug. 29, 2016
PACER
|
11
|
MOTION to Appear Pro Hac Vice by Galen Leigh Sherwin ( Filing fee $ 250 receipt number 0420-6734045) by Niya Kenny. Response to Motion due by 9/15/2016. (Attachments: # 1 Affidavit Application of Galen Sherwin, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 08/29/2016)
|
Aug. 29, 2016
|
Aug. 29, 2016
PACER
|
12
|
MOTION for Extension of Time to File Answer by W H Holbrook. Response to Motion due by 9/16/2016. No proposed order.(Hemlepp, William) (Entered: 08/30/2016)
|
Aug. 30, 2016
|
Aug. 30, 2016
PACER
|
13
|
ORDER granting 11 Motion to Appear Pro Hac Vice. It is ordered that Galen Leigh Sherwin who represents the Plaintiffs is granted admission pro hac vice in this case. Signed by Honorable C Weston Houck on 8/30/2016.(vdru, ) (Entered: 08/31/2016)
|
Aug. 31, 2016
|
Aug. 31, 2016
PACER
|
14
|
ORDER granting 9 Motion to Appear Pro Hac Vice. It is ordered that Sarah Ann Hinger who represents the Plaintiffs is granted admission pro hac vice in this case. Signed by Honorable C Weston Houck on 8/30/2016.(vdru, ) (Entered: 08/31/2016)
|
Aug. 31, 2016
|
Aug. 31, 2016
PACER
|
15
|
ORDER granting 10 Motion to Appear Pro Hac Vice. It is ordered that Dennis David Parker who represents the Plaintiffs is granted admission pro hac vice in this case. Signed by Honorable C Weston Houck on 8/31/2016.(vdru, ) (Entered: 08/31/2016)
|
Aug. 31, 2016
|
Aug. 31, 2016
PACER
|
16
|
TEXT ORDER granting 12 Motion for Extension of Time to Answer re 1 Complaint, W H Holbrook answer due 9/30/2016. Defendant W.H. Holbrook is granted an extension of time of 21 days to respond by answer or motion to the Complaint. Defendant W.H. Holbrook is also granted an extension of time of 28 days to respond to Plaintiffs Motions for Preliminary Injunction and Class Certification. Entered at the Direction of The Honorable C Weston Houck on 8/31/2016. (vdru, ) (Entered: 09/01/2016)
|
Sept. 1, 2016
|
Sept. 1, 2016
PACER
|
17
|
MOTION for Extension of Time by Steve Loftis. Response to Motion due by 9/26/2016. (Attachments: # 1 Proposed Order)No proposed order.(Culbreath, Anne) (Entered: 09/07/2016)
|
Sept. 7, 2016
|
Sept. 7, 2016
PACER
|
18
|
MOTION for Extension of Time by Leon Lott. Response to Motion due by 9/26/2016. No proposed order.(Garfield, Robert) (Entered: 09/07/2016)
|
Sept. 7, 2016
|
Sept. 7, 2016
PACER
|
19
|
MOTION for Extension of Time by Carl Ritchie. Response to Motion due by 9/26/2016. (Attachments: # 1 Email from Susan Dunn re: consent to requested extensions)No proposed order.(Lindemann, Andrew) (Entered: 09/08/2016)
|
Sept. 8, 2016
|
Sept. 8, 2016
PACER
|
20
|
Local Rule 26.01 Answers to Interrogatories by Lance Crowe, Ken Miller, Steve Moore, A Keith Morton, Alan Wilson.(Smith, James) (Entered: 09/08/2016)
|
Sept. 8, 2016
|
Sept. 8, 2016
PACER
|
21
|
TEXT ORDER granting 18 Motion for Extension of Time and 19 Motion for Extension of Time. The deadline for Defendants Carl Ritchie and Leon Lott to respond to the Complaint and motions is extended until Sept. 30. Entered at the Direction of The Honorable C Weston Houck on 9/8/2016.(vdru, ) (Entered: 09/08/2016)
|
Sept. 8, 2016
|
Sept. 8, 2016
PACER
|
23
|
MOTION for Extension of Time by M Bryan Turner. Response to Motion due by 9/30/2016. No proposed order.(Smith, James) (Entered: 09/13/2016)
|
Sept. 13, 2016
|
Sept. 13, 2016
PACER
|
24
|
TEXT ORDER granting 23 Motion for Extension of Time and 17 Motion for Extension of Time. It is ordered that the deadline for Defendants Loftis and Turner's responses to the Complaint and to the Motions for Preliminary Injunction and Class Certification is extended to September 30. Entered at the Direction of The Honorable C Weston Houck on 9/14/2016.(vdru, ) (Entered: 09/14/2016)
|
Sept. 14, 2016
|
Sept. 14, 2016
PACER
|
25
|
MOTION for Leave to File Excess Pages by Lance Crowe, Steve Moore, A Keith Morton, M Bryan Turner, Alan Wilson. Response to Motion due by 10/14/2016. No proposed order.(Smith, James) (Entered: 09/26/2016)
|
Sept. 26, 2016
|
Sept. 26, 2016
PACER
|
26
|
TEXT ORDER granting 25 Motion for Leave to File Excess Pages. It is ordered that the Defendants may include up to 15 additional pages in their Memo in Support of their Motion to Dismiss and in Opposition to Plaintiffs Motion for Preliminary Injunction. Entered at the Direction of The Honorable C Weston Houck on 9/27/2016.(vdru, ) (Entered: 09/28/2016)
|
Sept. 28, 2016
|
Sept. 28, 2016
PACER
|
27
|
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by W H Holbrook. Response to Motion due by 10/17/2016. No proposed order.(Hemlepp, William) (Entered: 09/28/2016)
|
Sept. 28, 2016
|
Sept. 28, 2016
PACER
|
28
|
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS by Lance Crowe, Steve Moore, A Keith Morton, M Bryan Turner, Alan Wilson. Response to Motion due by 10/17/2016. (Attachments: # 1 Memo in Support)No proposed order.(Smith, James) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
29
|
RESPONSE in Opposition re 6 MOTION to Certify Class Response filed by Lance Crowe, Steve Moore, A Keith Morton, M Bryan Turner, Alan Wilson.Reply to Response to Motion due by 10/11/2016 (Smith, James) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
30
|
RESPONSE in Opposition re 5 MOTION for Preliminary Injunction Response filed by Lance Crowe, Steve Moore, A Keith Morton, M Bryan Turner, Alan Wilson.Reply to Response to Motion due by 10/11/2016 (Smith, James) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
31
|
Local Rule 26.01 Answers to Interrogatories by M Bryan Turner.(Smith, James) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
32
|
NOTICE of Appearance by Robert P Coler on behalf of Ken Miller (Coler, Robert) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
33
|
MOTION to Stay re 6 MOTION to Certify Class by J Alton Cannon, Jr, Eddie Driggers, Jr, Gregory G Mullen. Response to Motion due by 10/17/2016. No proposed order.(Senn, Sandra) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
34
|
First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) Subject Matter Jurisdiction by Ken Miller. Response to Motion due by 10/17/2016. (Attachments: # 1 Memo in Support)No proposed order.(Coler, Robert) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
35
|
RESPONSE in Opposition re 5 MOTION for Preliminary Injunction Response filed by J Alton Cannon, Jr, Eddie Driggers, Jr, Gregory G Mullen.Reply to Response to Motion due by 10/11/2016 (Senn, Sandra) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
36
|
MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 10/17/2016.) by Steve Loftis. (Attachments: # 1 Memo in Support Memorandum in Support of Motion to Dismiss)No proposed order.(Culbreath, Anne) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
37
|
RESPONSE in Opposition re 5 MOTION for Preliminary Injunction Response filed by Steve Loftis.Reply to Response to Motion due by 10/11/2016 (Culbreath, Anne) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
38
|
RESPONSE in Opposition re 6 MOTION to Certify Class Response filed by Steve Loftis.Reply to Response to Motion due by 10/11/2016 (Culbreath, Anne) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
39
|
Local Rule 26.01 Answers to Interrogatories by Steve Loftis.(Culbreath, Anne) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
40
|
Local Rule 26.01 Answers to Interrogatories by J Alton Cannon, Jr, Eddie Driggers, Jr, Gregory G Mullen.(Senn, Sandra) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
41
|
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by J Alton Cannon, Jr, Eddie Driggers, Jr, Gregory G Mullen. Response to Motion due by 10/17/2016. No proposed order.(Senn, Sandra) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
42
|
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Lack of Jurisdiction by Carl Ritchie. Response to Motion due by 10/17/2016. (Attachments: # 1 Memo in Support)No proposed order.(Lindemann, Andrew) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
43
|
Local Rule 26.01 Answers to Interrogatories by Carl Ritchie.(Lindemann, Andrew) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
44
|
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /LACK OF JURISDICTION by Leon Lott. Response to Motion due by 10/17/2016. (Attachments: # 1 Memo in Support)No proposed order.(Garfield, Robert) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
45
|
Local Rule 26.01 Answers to Interrogatories by Leon Lott.(Garfield, Robert) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
46
|
RESPONSE in Opposition re 6 MOTION to Certify Class Response filed by Carl Ritchie.Reply to Response to Motion due by 10/11/2016 (Lindemann, Andrew) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
47
|
RESPONSE in Opposition re 6 MOTION to Certify Class Response filed by Leon Lott.Reply to Response to Motion due by 10/11/2016 (Garfield, Robert) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
48
|
RESPONSE in Opposition re 5 MOTION for Preliminary Injunction Response filed by Leon Lott.Reply to Response to Motion due by 10/11/2016 (Garfield, Robert) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
49
|
RESPONSE in Opposition re 5 MOTION for Preliminary Injunction Response filed by Carl Ritchie.Reply to Response to Motion due by 10/11/2016 (Lindemann, Andrew) (Entered: 09/30/2016)
|
Sept. 30, 2016
|
Sept. 30, 2016
PACER
|
50
|
MOTION for Extension of Time to File Response/Reply as to 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /LACK OF JURISDICTION, 35 Response in Opposition to Motion, 48 Response in Opposition to Motion, 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS, 33 MOTION to Stay re 6 MOTION to Certify Class, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 36 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 46 Response in Opposition to Motion, 49 Response in Opposition to Motion, 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Lack of Jurisdiction, 38 Response in Opposition to Motion, 37 Response in Opposition to Motion, 34 First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) Subject Matter Jurisdiction, 47 Response in Opposition to Motion, 30 Response in Opposition to Motion, 29 Response in Opposition to Motion by Niya Kenny. Response to Motion due by 10/24/2016. No proposed order.(Dunn, Susan) (Entered: 10/07/2016)
|
Oct. 7, 2016
|
Oct. 7, 2016
PACER
|
51
|
TEXT ORDER granting 50 Motion for Extension of Time to File Response/Reply in Support of Plaintiffs' Motions for Preliminary Injunction, Class Certification and Response to Defendants' Motions to Dismiss. Replies due by 10/19/2016. Entered at the Direction of The Honorable C Weston Houck on 10/12/2016.(vdru, ) (Entered: 10/12/2016)
|
Oct. 12, 2016
|
Oct. 12, 2016
PACER
|
52
|
MOTION to Appear Pro Hac Vice by Lenora Lapidus ( Filing fee $ 250 receipt number 0420-6814571) by Niya Kenny. Response to Motion due by 11/7/2016. (Attachments: # 1 Affidavit PHV affidavit, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 10/19/2016)
|
Oct. 19, 2016
|
Oct. 19, 2016
PACER
|
53
|
RESPONSE in Opposition re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS Response filed by Niya Kenny.Reply to Response to Motion due by 10/31/2016 (Attachments: # 1 Affidavit Declaration of True copy of Family court record)(Dunn, Susan) (Entered: 10/19/2016)
|
Oct. 19, 2016
|
Oct. 19, 2016
PACER
|
54
|
RESPONSE in Opposition re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /LACK OF JURISDICTION, 34 First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) Subject Matter Jurisdiction, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 36 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Lack of Jurisdiction Response filed by Niya Kenny.Reply to Response to Motion due by 10/31/2016 (Dunn, Susan) (Entered: 10/19/2016)
|
Oct. 19, 2016
|
Oct. 19, 2016
PACER
|
55
|
ORDER granting 52 Motion to Appear Pro Hac Vice. It is ordered that Lenora Lapidus who represents the Plaintiffs is granted pro hac vice admission in this case. Signed by Honorable C Weston Houck on 10/19/2016.(vdru, ) (Entered: 10/19/2016)
|
Oct. 19, 2016
|
Oct. 19, 2016
PACER
|
56
|
REPLY to Response to Motion re 5 MOTION for Preliminary Injunction Response filed by Niya Kenny. (Dunn, Susan) (Entered: 10/19/2016)
|
Oct. 19, 2016
|
Oct. 19, 2016
PACER
|
57
|
REPLY to Response to Motion re 6 MOTION to Certify Class Response filed by Niya Kenny. (Dunn, Susan) (Entered: 10/19/2016)
|
Oct. 19, 2016
|
Oct. 19, 2016
PACER
|
58
|
MOTION for Extension of Time by Steve Loftis. Response to Motion due by 11/7/2016. No proposed order.(Culbreath, Anne) (Entered: 10/20/2016)
|
Oct. 20, 2016
|
Oct. 20, 2016
PACER
|
59
|
MOTION for Extension of Time to File Response/Reply as to 53 Response in Opposition to Motion, by Lance Crowe, Steve Moore, A Keith Morton, M Bryan Turner, Alan Wilson. Response to Motion due by 11/7/2016. No proposed order.(Smith, James) (Entered: 10/20/2016)
|
Oct. 20, 2016
|
Oct. 20, 2016
PACER
|
60
|
TEXT ORDER granting 58 Motion for Extension of Time. It is ordered that the deadline for Sheriff Loftis' Replies to the Plaintiff's Responses filed on October 19 is extended until November 4, 2016. Entered at the Direction of The Honorable C Weston Houck on 10/25/2016.(vdru, ) (Entered: 10/25/2016)
|
Oct. 25, 2016
|
Oct. 25, 2016
PACER
|
61
|
TEXT ORDER granting 59 Motion for Extension of Time to File Replies re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS Replies of Defendants Wilson, Crowe, Moore, Turner and Morton due by 11/4/2016. Entered at the Direction of The Honorable C Weston Houck on 10/25/2016.(vdru, ) (Entered: 10/25/2016)
|
Oct. 25, 2016
|
Oct. 25, 2016
PACER
|
62
|
MOTION for Extension of Time to File Response/Reply as to 54 Response in Opposition to Motion,, by J Alton Cannon, Jr, Eddie Driggers, Jr, Gregory G Mullen. Response to Motion due by 11/14/2016. No proposed order.(Senn, Sandra) (Entered: 10/26/2016)
|
Oct. 26, 2016
|
Oct. 26, 2016
PACER
|
63
|
REPLY to Response to Motion re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /LACK OF JURISDICTION, 34 First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) Subject Matter Jurisdiction, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 36 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Lack of Jurisdiction 54 Response filed by W H Holbrook. (Hemlepp, William) (Entered: 10/26/2016)
|
Oct. 26, 2016
|
Oct. 26, 2016
PACER
|
64
|
TEXT ORDER granting 62 Motion for Extension of Time to File Reply: The deadline for Defendants Cannon, Driggers, and Mullen to file their Reply to Plaintiffs' Memorandum of Law in Opposition to Defendants' Motions to Dismiss is extended until November 4, 2016. Replies due by 11/4/2016. Entered at the Direction of The Honorable C Weston Houck on 10/27/2016.(vdru, ) (Entered: 10/27/2016)
|
Oct. 27, 2016
|
Oct. 27, 2016
PACER
|
65
|
MOTION for Extension of Time to File Response/Reply as to 54 Response in Opposition to Motion,, by Carl Ritchie. Response to Motion due by 11/14/2016. No proposed order.(Lindemann, Andrew) (Entered: 10/27/2016)
|
Oct. 27, 2016
|
Oct. 27, 2016
PACER
|
66
|
NOTICE of Appearance by Logan McCombs Wells on behalf of Ken Miller (Wells, Logan) (Entered: 10/28/2016)
|
Oct. 28, 2016
|
Oct. 28, 2016
PACER
|
67
|
First MOTION for Extension of Time to File Response/Reply as to 54 Response in Opposition to Motion,, by Ken Miller. Response to Motion due by 11/17/2016. No proposed order.(Wells, Logan) (Entered: 10/28/2016)
|
Oct. 28, 2016
|
Oct. 28, 2016
PACER
|
68
|
TEXT ORDER granting 65 Motion for Extension of Time to File Reply re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Lack of Jurisdiction. It is ordered that Defendant Ritchie will be allowed an additional four days to file a reply to Plaintiffs' memorandum in opposition to his motion to dismiss. The deadline is extended until November 4, 2016. Replies due by 11/4/2016. Entered at the Direction of The Honorable C Weston Houck on 10/28/2016.(vdru, ) (Entered: 10/28/2016)
|
Oct. 28, 2016
|
Oct. 28, 2016
PACER
|
69
|
NOTICE of Appearance by Michael Stuart Pitts on behalf of Ken Miller (Pitts, Michael) (Entered: 10/28/2016)
|
Oct. 28, 2016
|
Oct. 28, 2016
PACER
|
70
|
MOTION for Extension of Time to File Response/Reply as to 54 Response in Opposition to Motion,, by Leon Lott. Response to Motion due by 11/17/2016. No proposed order.(Garfield, Robert) (Entered: 10/31/2016)
|
Oct. 31, 2016
|
Oct. 31, 2016
PACER
|
71
|
TEXT ORDER granting 67 Defendant Ken Miller's Motion for Extension of Time to File Reply to Plaintiffs Memorandum of Law in Opposition to Defendants Motions to Dismiss. The new deadline is November 4, 2016. Entered at the Direction of The Honorable C Weston Houck on 10/31/2016.(vdru, ) (Entered: 10/31/2016)
|
Oct. 31, 2016
|
Oct. 31, 2016
PACER
|
72
|
NOTICE of Appearance by Steven Richard Spreeuwers on behalf of Leon Lott (Spreeuwers, Steven) (Entered: 10/31/2016)
|
Oct. 31, 2016
|
Oct. 31, 2016
PACER
|
73
|
TEXT ORDER granting 70 Defendant Sheriff Lott's Motion for Extension of Time to File Reply to the Plaintiff's Motions to Dismiss. Replies due by 11/4/2016. Entered at the Direction of The Honorable C Weston Houck on 11/1/2016.(vdru, ) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
PACER
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74
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MOTION for Leave to File Excess Pages in Reply by Lance Crowe, Steve Moore, A Keith Morton, M Bryan Turner, Alan Wilson. Response to Motion due by 11/18/2016. No proposed order.(Smith, James) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
PACER
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75
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TEXT ORDER granting 74 Motion for Leave to File Excess Pages. It is ordered that Defendants Wilson, Crowe, Moore, Morton, and Turner are allowed to includeup to five additional pages for their reply to the Plaintiffs Memorandum in Opposition to their Motion to Dismiss (ECF No. 53). Entered at the Direction of The Honorable C Weston Houck on 11/2/2016.(vdru, ) (Entered: 11/02/2016)
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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76
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REPLY to Response to Motion re 34 First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) Subject Matter Jurisdiction Response filed by Ken Miller. (Wells, Logan) (Entered: 11/04/2016)
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Nov. 4, 2016
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Nov. 4, 2016
PACER
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77
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REPLY to Response to Motion re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS Response filed by Lance Crowe, Steve Moore, A Keith Morton, M Bryan Turner, Alan Wilson. (Smith, James) (Entered: 11/04/2016)
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Nov. 4, 2016
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Nov. 4, 2016
PACER
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78
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REPLY to Response to Motion re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /LACK OF JURISDICTION Response filed by Leon Lott. (Garfield, Robert) (Entered: 11/04/2016)
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Nov. 4, 2016
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Nov. 4, 2016
PACER
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79
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REPLY to Response to Motion re 36 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Reply to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss Response filed by Steve Loftis. (Culbreath, Anne) (Entered: 11/04/2016)
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Nov. 4, 2016
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Nov. 4, 2016
PACER
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80
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REPLY to Response to Motion re 5 MOTION for Preliminary Injunction And Plaintiff's Reply Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction Response filed by Steve Loftis. (Culbreath, Anne) (Entered: 11/04/2016)
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Nov. 4, 2016
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Nov. 4, 2016
PACER
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81
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REPLY to Response to Motion re 6 MOTION to Certify Class And Plaintiff's Reply Memorandum of Law Regarding Motion for Class Certification Response filed by Steve Loftis. (Culbreath, Anne) (Entered: 11/04/2016)
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Nov. 4, 2016
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Nov. 4, 2016
PACER
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82
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REPLY to Response to Motion re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by J Alton Cannon, Jr, Eddie Driggers, Jr, Gregory G Mullen. (Senn, Sandra) (Entered: 11/04/2016)
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Nov. 4, 2016
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Nov. 4, 2016
PACER
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83
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REPLY to Response to Motion re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Lack of Jurisdiction Response filed by Carl Ritchie. (Lindemann, Andrew) (Entered: 11/04/2016)
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Nov. 4, 2016
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Nov. 4, 2016
PACER
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84
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NOTICE of Hearing on Motion 5 MOTION for Preliminary Injunction, 6 MOTION to Certify Class, 33 MOTION to Stay re 6 MOTION to Certify Class, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS, 34 First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) Subject Matter Jurisdiction, 36 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Lack of Jurisdiction, 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /LACK OF JURISDICTION: Motion Hearing set for 12/1/2016 02:30 PM in Charleston Courtroom #4, U. S. Court House, 85 Broad St, Charleston before Honorable C Weston Houck. (ssam, ) (Entered: 11/16/2016)
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Nov. 16, 2016
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Nov. 16, 2016
PACER
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85
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NOTICE OF RESCHEDULED HEARING 12/1/2016 cancelled and rescheduled to: Hearing on Motion 5 MOTION for Preliminary Injunction, 6 MOTION to Certify Class, 33 MOTION to Stay re 6 MOTION to Certify Class, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS, 34 First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) Subject Matter Jurisdiction, 36 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Lack of Jurisdiction, 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /LACK OF JURISDICTION set for 12/8/2016 02:30 PM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable C Weston Houck. (sshe, ) Modified on 12/8/2016 PLEASE NOTE: CHANGE OF COURTROOM LOCATION (sshe, ). (Entered: 11/18/2016)
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Nov. 18, 2016
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Nov. 18, 2016
PACER
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86
|
RESPONSE in Support re 5 MOTION for Preliminary Injunction Statement of Interest of the United States Response filed by United States. (Sneed, Robert) (Main Document 86 replaced on 11/29/2016) (sshe, ). Modified on 11/29/2016 to replace with corrected document as requested and provided by filing user, added attorney for United States (sshe, ). (Entered: 11/28/2016)
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Nov. 28, 2016
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Nov. 28, 2016
PACER
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87
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MOTION to Withdraw as Attorney by Ken Miller. Response to Motion due by 12/16/2016. 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. No proposed order.(Smith, James) (Entered: 12/02/2016)
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Dec. 2, 2016
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Dec. 2, 2016
PACER
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88
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TEXT ORDER granting 87 Motion to Withdraw as Attorney. The Office of the Attorney General of South Carolina, including J. Emory Smith will no longer be representing Defendant Miller. Mr. Miller will continue to be represented by Michael S tuart Pitts, Robert P. Coler, and Logan M cCombs Wells of the City Attorneys Office for the City of Greenville. Entered at the Direction of The Honorable C Weston Houck on 12/7/2016.(vdru, ) (Entered: 12/08/2016)
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Dec. 8, 2016
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Dec. 8, 2016
PACER
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90
|
Minute Entry. Proceedings held before Honorable C Weston Houck: Motion Hearing held on 12/8/2016 re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /LACK OF JURISDICTION filed by Leon Lott, 34 First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) Subject Matter Jurisdiction filed by Ken Miller, 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS filed by A Keith Morton, M Bryan Turner, Lance Crowe, Steve Moore, Alan Wilson, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by W H Holbrook, 36 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steve Loftis, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eddie Driggers, Jr, Gregory G Mullen, J Alton Cannon, Jr, 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Lack of Jurisdiction filed by Carl Ritchie. Court will consider issues of standing and abstention. Court Reporter: Jack Bryan, Court Smart. (ssam, ) (Entered: 12/09/2016)
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Dec. 8, 2016
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Dec. 8, 2016
PACER
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91
|
ORDER The Court grants the motions to dismiss (ECF Nos. 27, 28, 34, 36, 41, 42, and 44). Accordingly, the case is dismissed without prejudice. Signed by Honorable C Weston Houck on 02/28/2017.(egra, ) (Entered: 03/03/2017)
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March 3, 2017
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March 3, 2017
PACER
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92
|
JUDGMENT: The Court grants the Defendants' Motions to Dismiss and this case is dismissed without prejudice. (vdru, ) (Entered: 03/06/2017)
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March 6, 2017
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March 6, 2017
PACER
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93
|
MOTION for Attorney Fees by J Alton Cannon, Jr, Eddie Driggers, Jr, Gregory G Mullen. Response to Motion due by 4/4/2017. 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. (Attachments: # 1 Exhibit Senn Declaration, # 2 Exhibit Senn CV, # 3 Exhibit DeAntonio Declaration, # 4 Exhibit Summary of Time Records, # 5 Exhibit Certification of Filing User)No proposed order.(Senn, Sandra) Modified to correct filing date on 3/21/2017 (vdru, ). (Entered: 03/21/2017)
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March 20, 2017
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March 20, 2017
PACER
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95
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NOTICE OF APPEAL as to 91 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Dismiss/Lack of Jurisdiction,,,, 92 Judgment by Niya Kenny. - Filing fee $ 505, receipt number 0420-7064258. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Dunn, Susan) (Entered: 03/22/2017)
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March 22, 2017
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March 22, 2017
PACER
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96
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Transmittal Sheet for Notice of Appeal to USCA re 95 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (vdru, ) (Entered: 03/23/2017)
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March 23, 2017
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March 23, 2017
PACER
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98
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MOTION for Attorney Fees by Steve Loftis. Response to Motion due by 4/10/2017. 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. (Attachments: # 1 Exhibit Declaration of Anne R. Culbreath, # 2 Exhibit Summary of Time Records)No proposed order.(Culbreath, Anne) (Entered: 03/27/2017)
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March 27, 2017
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March 27, 2017
PACER
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99
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of motion hearing for dates of 12-8-16, before Judge C. Weston Houck, re 95 Notice of Appeal, Court Reporter/Transcriber Bryan/Potocki, Telephone number/e-mail 843-723-2208/potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Does this satisfy all appellate orders for this reporter? Y Redaction Request due 4/25/2017. Redacted Transcript Deadline set for 5/5/2017. Release of Transcript Restriction set for 7/3/2017. (dpotocki, ) (Entered: 04/04/2017)
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April 4, 2017
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April 4, 2017
PACER
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100
|
MOTION to Stay re 93 MOTION for Attorney Fees, 95 Notice of Appeal, 98 MOTION for Attorney Fees by Niya Kenny. Response to Motion due by 4/18/2017. 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. (Attachments: # 1 Supporting Documents Unpublished decision CSX v. Peirce)No proposed order.(Dunn, Susan) (Entered: 04/04/2017)
1 Supporting Documents Unpublished decision CSX v. Peirce
View on RECAP
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April 4, 2017
|
April 4, 2017
RECAP
|
101
|
TEXT ORDER granting 100 Motion to Stay proceedings on defendants' motions for fees and expenses. The Court holds the motions for attorney fees (ECF Nos. 93 and 98) in abeyance pending resolution of the appeal by the Fourth Circuit. Entered at the Direction of The Honorable C Weston Houck on 4/6/2017.(vdru, ) (Entered: 04/06/2017)
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April 6, 2017
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April 6, 2017
PACER
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102
|
USCA OPINION for 95 Notice of Appeal, filed by Niya Kenny. Decision of Appeals Court: Vacated and Remanded Decision of District Court. (vdru, ) (Entered: 03/15/2018)
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March 15, 2018
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March 15, 2018
PACER
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103
|
USCA MANDATE and JUDGMENT entered March 15, 2018, takes effect this date as to as to 95 Notice of Appeal, filed by Niya Kenny. In accordance with the decision of this court, the judgment of the district court is vacated. This case is remanded to the district court for further proceedings consistent with the court's decision. (Attachments: # 1 4CCA Judgment)(vdru, ) (Entered: 04/06/2018)
1 4CCA Judgment
View on PACER
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April 6, 2018
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April 6, 2018
PACER
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104
|
Case Reassigned to Judge Honorable Margaret B Seymour. Judge Honorable C Weston Houck no longer assigned to the case. (glev, ) (Entered: 04/06/2018)
|
April 6, 2018
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April 6, 2018
PACER
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105
|
NOTICE OF CHANGE OF CASE NUMBER from 2:16-cv-2794-CWH to 2:16-cv-2794-MBS. Please use the new case number on all future filings. (vdru, ) (Entered: 04/09/2018)
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April 9, 2018
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April 9, 2018
PACER
|