G.T. v. Kanawha

G.T. v. Kanawha County Schools

G.T. v. Board of Education of the County of Kanawha

G.T. v. Kanawha County Schools

2020 WL 4018285

Bazelon Center

CLASS ACTION COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7523113. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons) (mms)

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff The Arc of West Virginia. (Milnes, Lydia) (Modified on 1/28/2020 to correct link) (kew).

STATEMENT OF VISITING ATTORNEY from Karen Klass on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523683. (Milnes, Lydia)

STATEMENT OF VISITING ATTORNEY Michael Faris on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523700. (Milnes, Lydia) (Modified on 1/28/2020 to add signatures and replace image) (kew).

STATEMENT OF VISITING ATTORNEY from Ira A. Burnim on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523710. (Milnes, Lydia)

STATEMENT OF VISITING ATTORNEY from Lewis Bossing on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523720. (Milnes, Lydia)

ELECTRONIC SUMMONS ISSUED as to Ron Duerring and Kanawha County Schools, 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). (Attachment: # 1 Summons as to Kanawha County Schools) (mms)

STATEMENT OF VISITING ATTORNEY from Shira T. Wakschlag on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523731. (Milnes, Lydia)

CASE assigned to Judge Irene C. Berger. (klc)

ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc)

Case Assigned

Notice Of Docket Correction

NOTICE OF DOCKET CORRECTION re: 4 Statement of Visiting Attorney. ERROR: Image did not contains signatures. CORRECTION: Signatures added and image replaced. (kew)

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Blaire Malkin updating name and/or firm information on behalf of G. T. (Malkin, Blaire) (Modified on 2/6/2020 to correct signature and replace image) (kew).

Notice Of Docket Correction

NOTICE OF DOCKET CORRECTION re: 10 Notice of Change of Attorney Information. ERROR: Image contained incorrect signature. CORRECTION: Signature corrected and image replaced. (kew)

SUMMONS RETURNED EXECUTED by Personal Service for Kanawha County Schools. Kanawha County Schools served on 2/18/2020, answer due 3/10/2020. Summons served on Kanawha County Schools. (Milnes, Lydia)

SUMMONS RETURNED EXECUTED by Personal Service for Ron Duerring. Ron Duerring served on 2/18/2020, answer due 3/10/2020. Summons served on Dr. Ron Duerring. (Milnes, Lydia)

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Lewis Bossing updating name and/or firm information on behalf of Michelle, G. T., Jamie T., The Arc of West Virginia. (Bossing, Lewis)

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Lewis Bossing for Ira A. Burnim updating name and/or firm information on behalf of Michelle, G. T., Jamie T., The Arc of West Virginia. (Bossing, Lewis)

STIPULATION FOR EXTENSION TO FILE RESPONSIVE PLEADING re: 1 Complaint to 3/20/2020 by Ron Duerring, Kanawha County Schools, G. T., Michelle, Jamie T., The Arc of West Virginia. (Adkins, J.) (Modified on 3/10/2020 to add party filers) (kew).

ANSWER TO 1 Complaint by Kanawha County Schools. (Adkins, J.)

PARTIAL MOTION by Ron Duerring, Kanawha County Schools to Dismiss 1 Complaint. (Adkins, J.) (Modified on 3/23/2020 to add link to #1 complaint) (kew).

MEMORANDUM OF LAW by Ron Duerring, Kanawha County Schools in support of 17 PARTIAL MOTION by Ron Duerring, Kanawha County Schools to Dismiss 1 Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Adkins, J.)

ORDER AND NOTICE: Rule 12(b) Motions 4/22/2020. Rule 26(f) Meeting 4/29/2020. Last day to file report of Rule 26(f) Meeting 5/6/2020. Scheduling Conference at 2:00 PM on 5/20/2020 in Charleston. Entry of Scheduling Order 5/27/2020. Last Day to make Rule 26(a)(1) disclosures 6/3/2020. Signed by Judge Irene C. Berger on 3/25/2020. (cc: counsel of record; any unrepresented party) (kew)

JOINT MOTION by Michelle, G. T., Jamie T., The Arc of West Virginia, Kanawha County Schools, Ron Duerring to Extend Bbriefing Period for the 17 PARTIAL MOTION by Ron Duerring, Kanawha County Schools to Dismiss 1 Complaint to 5/25/2020. (Attachment: # 1 Proposed Order)(Milnes, Lydia) (Modified on 3/31/2020 to add party filers) (kew).

ORDER granting 20 JOINT MOTION to Extend Briefing Period. The Plaintiffs shall file an amended complaint by 4/10/2020, and the Defendants shall file a responsive pleading within 30 days thereafter. The Court further directs that the Defendants' 17 Partial Motion to Dismiss Complaint be terminated as moot, and that leave be granted to file a new motion if warranted. Signed by Judge Irene C. Berger on 3/31/2020. (cc: counsel of record; any unrepresented party) (lca)

FIRST AMENDED CLASS ACTION COMPLAINT by Michelle, Jamie T., G. T., K. M., Danielle M., Steven M. against Ron Duerring, Board of Education of the County of Kanawha (ts)

RULE 26(f) REPORT OF PLANNING MEETING by Board of Education of the County of Kanawha, Ron Duerring, G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia. (Adkins, J.) (Modified on 5/7/2020 to add party filers) (kew).

BIFURCATED SCHEDULING ORDER directing that the Scheduling Conference is CANCELLED and that this case shall proceed as follows: Motion to Dismiss due by 06/05/2020. Amendments and Joinder due by 9/28/2020. Discovery requests due by 10/16/2020. All discovery, including disclosures required by Fed. R. Civ. P. 26(a)(2), but not disclosures required by Fed. R. Civ. P. 26(a)(3), are due by 11/13/2020. Depositions to be completed by 12/11/2020. Class Certification due by 12/11/2020. Rule 26(f) Report due by 1/15/2021. Signed by Judge Irene C. Berger on 5/8/2020. (cc: counsel of record; any unrepresented party) (kew)

ANSWER TO 22 First Amended Class Action Complaint by Board of Education of the County of Kanawha. (Adkins, J.)

PARTIAL MOTION by Board of Education of the County of Kanawha, Ron Duerring to Dismiss 22 First Amended Class Action Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Adkins, J.)

MEMORANDUM OF LAW by Board of Education of the County of Kanawha, Ron Duerring in support of 26 PARTIAL MOTION by Board of Education of the County of Kanawha, Ron Duerring to Dismiss 22 First Amended Class Action Complaint. (Adkins, J.)

CERTIFICATE OF SERVICE by Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia for First Set of Interrogatories and Requests for Production of Documents to Defendants. (Milnes, Lydia)

UNOPPOSED MOTION by Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia for Leave to Exceed the Page Limitation in Their Opposition to Partial Motion to Dismiss. (Milnes, Lydia)

MEMORANDUM by Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia in opposition to 26 PARTIAL MOTION by Board of Education of the County of Kanawha, Ron Duerring to Dismiss 22 First Amended Class Action Complaint. (Attachment: # 1 Exhibit A)(Milnes, Lydia)

ORDER granting 29 MOTION by Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia to Exceed Page Limit for Petitioner's Response Brief in Opposition to Defendants' Partial Motion to Dismiss. Signed by Judge Irene C. Berger on 5/27/2020. (cc: counsel of record; any unrepresented party) (ts)

MOTION by Board of Education of the County of Kanawha, Ron Duerring for Protective Order and to Stay Discovery Pending Ruling on Defendants' Motion to Dismiss. (Attachment: # 1 Exhibit A)(Adkins, J.)

MEMORANDUM by Board of Education of the County of Kanawha, Ron Duerring in support of 32 MOTION by Board of Education of the County of Kanawha, Ron Duerring for Protective Order and to Stay Discovery Pending Ruling on Defendants' Motion to Dismiss. (Adkins, J.)

REPLY by Board of Education of the County of Kanawha, Ron Duerring to 30 Memorandum In Opposition. (Adkins, J.)

CERTIFICATE OF SERVICE by G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia for Rule 26(a)(1) Disclosures. (Milnes, Lydia) (Modified on 6/4/2020 to add party filers) (kew).

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha, Ron Duerring for Rule 26(a)(1) Initial Disclosures. (Adkins, J.)

MOTION by Lori (Peters) Waller for Withdrawal of Counsel on behalf of Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia. (Waller, Lori)

INCORRECT IMAGE; IMAGE REMOVED. (Modified on 6/5/2020 to remove incorrectly image) (kew).

CERTIFICATE OF SERVICE by Lori (Peters) Waller for Motion for Withdrawal of Counsel on behalf of Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia. (Waller, Lori)

NOTICE OF DOCKET CORRECTION re: #38 Motion to Withdraw. ERROR: Incorrect image attached. CORRECTION: Image removed. (kew)

Withdraw As Attorney

Notice Of Docket Correction

OPPOSITION by K. M., G. T., The Arc of West Virginia to 32 MOTION by Board of Education of the County of Kanawha, Ron Duerring for Protective Order and to Stay Discovery Pending Ruling on Defendants' Motion to Dismiss. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2)(Milnes, Lydia)

REPLY by Board of Education of the County of Kanawha, Ron Duerring to 40 Response In Opposition. (Adkins, J.)

ORDER denying Defendants' 32 MOTION for Protective Order and 32 MOTION to Stay. The parties are further ORDERED to meet and confer concerning Plaintiffs' proposed protective order and to submit their agreed protective order within three (3) days from the date of this Order for entry. In accordance with Rule 72(a) of the Federal Rules of Civil Procedure, the ruling set forth above on this non-dispositive Motion may be contested by filing within 14 days, objections to this Order with District Judge Irene C. Berger. Signed by Magistrate Judge Omar J. Aboulhosn on 6/22/2020. (cc: counsel of record) (mk)

PROPOSED ORDER Agreed Protective Order by Board of Education of the County of Kanawha, Ron Duerring, G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia. (Adkins, J.) (Modified on 6/25/2020 to add party filers) (kew).

AGREED PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 6/26/2020. (cc: counsel of record; any unrepresented party) (ts)

ORDER directing that the 37 MOTION for Withdrawal of Counsel be GRANTED and that Erin Snyder be removed as counsel of record in this matter. Signed by Judge Irene C. Berger on 6/30/2020. (cc: counsel of record; any unrepresented party) (btm)

MEMORANDUM OPINION AND ORDER: The Court ORDERS that the Defendants' 26 PARTIAL MOTION to Dismiss Amended Complaint be DENIED as to the class claims and The Arc of West Virginia and GRANTED as to Superintendent Ron Duerring; the Court ORDERS that Ron Duerring, Superintendent, Kanawha County Schools, sued in his official capacity, be DISMISSED from this suit. Signed by Judge Irene C. Berger on 7/16/2020. (cc: counsel of record; any unrepresented party) (slr)

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for Responses to First Set of Interrogatories and Requests for Production. (Boothby, Richard)

AMENDED ANSWER to 22 First Amended Class Action Complaint by Board of Education of the County of Kanawha. (Adkins, J.) (Modified on 7/30/2020 to correct link) (kew).

NOTICE OF WITHDRAWAL OF APPEARANCE by Michael J. Faris on behalf of Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia. (Faris, Michael)

STATEMENT OF VISITING ATTORNEY from Kirstin Scheffler Do on behalf of G. T., The Arc of West Virginia. Local counsel: Lydia Milnes. Fee $50.00. Receipt # AWVSDC-7692624. (Milnes, Lydia) (Modified on 8/3/2020 to add party filer) (kew).

STATEMENT OF VISITING ATTORNEY from Robin M. Hulshizer on behalf of G. T., The Arc of West Virginia. Local counsel: Lydia Milnes. Fee $50.00. Receipt # AWVSDC-7692665. (Milnes, Lydia) (Modified on 8/3/2020 to add party filer) (kew).

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for First Supplement to Answers and Responses to First Set of Interrogatories and Requests for Production. (Boothby, Richard)

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for First Set of Interrogatories and Requests for Production. (Adkins, J.)

CERTIFICATE OF SERVICE by G. T., The Arc of West Virginia, Steven M., Danielle M., K. M., Jamie T., Michelle for First Set of Interrogatories (Revised Nos 1 & 7). (Milnes, Lydia) (Modified on 8/14/2020 to add party filers) (kew).

CERTIFICATE OF SERVICE by G. T., The Arc of West Virginia, Steven M., Danielle M., K. M., Jamie T., Michelle for Second Set of Requests for Production. (Milnes, Lydia) (Modified on 8/14/2020 to add party filers) (kew).

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for Defendant's Second Supplement to Answers and Responses to Plaintiffs' First Set of Interrogatories and Requests for Production. (Boothby, Richard)

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for Third Supplement to Answers and Responses to First Set of Interrogatories and Requests for Production. (Boothby, Richard)

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for ourth Supplement to Answers and Responses to First Set of Interrogatories and Requests for Production. (Boothby, Richard)

CERTIFICATE OF SERVICE by G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia for Response to First Set of Interrogatories and Response to First Requests for Production of Documents. (Milnes, Lydia) (Modified on 9/9/2020 to add party filers) (kew).

JOINT MOTION by Board of Education of the County of Kanawha, G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia to Extend Deadlines re: 24 Bifurcated Scheduling Order. (Adkins, J.) (Modified on 10/1/2020 to add link to #24 scheduling order and to add party filers) (kew).

CERTIFICATE OF SERVICE by G. T., G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia for First Supplemental Response to First Requests for Production of Documents. (Milnes, Lydia) (Modified on 10/1/2020 to add party filers) (kew).

AMENDED BIFURCATED SCHEDULING ORDER granting the 60 JOINT MOTION by Board of Education of the County of Kanawha, G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia to Extend Deadlines; amending the 24 Bifurcated Scheduling Order as follows: Parties shall respond to all outstanding discovery by 12/15/2020; parties shall complete all class certification discovery requests by 1/15/2021; all class certification discovery shall be completed by 3/17/2021; last date to complete depositions is 4/7/2021. Plaintiff shall file any motion for class certification by 4/16/2021; responses shall be filed and served within 14 days of service of the motion; replies shall be filed and served within 7 days from date of service of the response; Parties shall submit a revised Rule 26(f) Report by 5/17/2021. Signed by Judge Irene C. Berger on 10/1/2020. (cc: counsel of record; any unrepresented party) (slr)

Notice To Take Or Amend Deposition

Certificate Of Service

Certificate Of Service

Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters

Notice To Take Or Amend Deposition

Certificate Of Service

Certificate Of Service

Proposed Order

Order

Certificate Of Service

Certificate Of Service

Certificate Of Service

Certificate Of Service

Certificate Of Service

Take Deposition

Motions Referred

Order AND ~Util - Set Motion And R&R Deadlines/Hearings

Telephone Conference

Certificate Of Service

Certificate Of Service

Response In Opposition

Certificate Of Service

Certificate Of Service

Certificate Of Service

Reply To Response

Certificate Of Service

Status Conference

Order on Motion / Application / Petition to Take Deposition

Certificate Of Service