Case: White v. Shwedo

2:19-cv-03083 | U.S. District Court for the District of South Carolina

Filed Date: Oct. 30, 2020

Closed Date: Sept. 17, 2021

Clearinghouse coding complete

Case Summary

On October 30, 2019, several people whose drivers licenses had been suspended filed this putative class action lawsuit against the Director of the South Carolina Department of Motor Vehicles (DMV) and a Judge of Administrative Law who oversaw South Carolina DMV hearings. The plaintiffs filed their complaint in the U.S. District Court for the District of South Carolina; it was assigned to Judge Richard M. Gergel. Represented by various public interest law organizations, including the ACLU and th…

On October 30, 2019, several people whose drivers licenses had been suspended filed this putative class action lawsuit against the Director of the South Carolina Department of Motor Vehicles (DMV) and a Judge of Administrative Law who oversaw South Carolina DMV hearings. The plaintiffs filed their complaint in the U.S. District Court for the District of South Carolina; it was assigned to Judge Richard M. Gergel. Represented by various public interest law organizations, including the ACLU and the Southern Poverty Law Center, the complaint sought two class certifications related to the suspension of drivers' licenses by the South Carolina DMV.  First, plaintiffs sought to certify a class consisting of people whose licenses had been or would be suspended for failure to pay traffic fines. Second, they sought to certify a class consisting of people whose licenses had been or would be suspended for failure to pay the reinstatement fee required to reactivate a suspended license. 

The complaint sought declaratory and injunctive relief, alleging that the suspension of licenses for failure to pay traffic fines and reinstatement fees violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Specifically, the plaintiffs alleged the suspension process failed to provide adequate pre-deprivation notice and inadequately informed affected-individuals of the process for challenging such suspensions. The plaintiffs requested injunctions to prohibit future suspension of licenses for failure to pay without adequate notice and requested the court halt the use of reinstatement fees. They also sought a preliminary injunction while the case was being litigated. 

On January 1, 2020, one defendant, the administrative judge, moved to dismiss the claims brought against him. Judge Gergel granted the  motion to dismiss for failure to state a claim on February 28, 2020, finding the plaintiffs' prayer for injunctive relief against  the judge was barred by judicial immunity.  

Judge Gergel denied the plaintiffs' motion for a preliminary injunction on May 11, 2020. He reasoned that that the plaintiffs had shown a likelihood of success on the merits, one of the four requirements of securing a preliminary injunction. 

The parties later filed a joint motion to stay the case until the Fourth Circuit decided Johnson v. Jessup, a similar case involving the North Carolina DMV. The court granted the motion on September 11, 2020. (See related cases for more on Johnson v. Jessup.)  

While Johnson v. Jessup was still pending, however, on September 3, 2021, the Executive Director of the South Carolina DMV moved to live the stay and dismiss the case, offering evidence that all three named plaintiffs had successfully gotten their drivers licenses reinstated, and therefore the case was moot. On the deadline for plaintiffs' responses, September 17, 2021, the plaintiffs voluntarily dismissed the case.

Summary Authors

Hannah Shilling (11/14/2021)

Betsy Sheppard (2/6/2022)

Related Cases

Johnson v. Jessup, Middle District of North Carolina (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17149083/parties/white-v-shwedo/


Judge(s)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Akselrod, Olga (New York)

Brooke, Samuel (Alabama)

Chaney, David Allen Jr (South Carolina)

Choudhury, Nusrat Jahan (New York)

Davis, Danielle E (Louisiana)

Dunn, Susan K. (South Carolina)

Early, Emily (Georgia)

Hunter, Robert W. (New York)

Marshall, Toby James (Washington)

Judge(s)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Akselrod, Olga (New York)

Brooke, Samuel (Alabama)

Chaney, David Allen Jr (South Carolina)

Choudhury, Nusrat Jahan (New York)

Davis, Danielle E (Louisiana)

Dunn, Susan K. (South Carolina)

Early, Emily (Georgia)

Hunter, Robert W. (New York)

Marshall, Toby James (Washington)

Mathai, Amreeta (New York)

Nusser, Eric (Washington)

Protheroe, Adam (South Carolina)

Attorneys(s) for Defendant

Cook, Robert Dewayne (South Carolina)

Davidson, William Henry II (South Carolina)

Smith, James Emory Jr. (South Carolina)

Woodington, Kenneth P. (South Carolina)

Documents in the Clearinghouse

Document

2:19-cv-03083

Docket [PACER]

Sept. 17, 2021

Sept. 17, 2021

Docket
1

2:19-cv-03083

Class Action Complaint for Injunctive and Declaratory Relief

Oct. 30, 2019

Oct. 30, 2019

Complaint
75

Order on Motion for Preliminary Injunction

2020 WL 2315800

May 11, 2020

May 11, 2020

Order/Opinion
110

2:19-cv-03083

Motion to Lift Stay and to Dismiss for Lack of Justiciability

Sept. 3, 2021

Sept. 3, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17149083/white-v-shwedo/

Last updated June 3, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-8751593.), filed by Linquista White, Emily Bellamy, Janice Carter. Service due by 1/28/2020(sshe, ) (Entered: 10/31/2019)

Oct. 30, 2019

Oct. 30, 2019

Clearinghouse
2

Local Rule 26.01 Answers to Interrogatories by Emily Bellamy, Janice Carter, Linquista White.(sshe, ) (Entered: 10/31/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
3

Summons Issued as to All Defendants. (sshe, ) (Entered: 10/31/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
5

MOTION to Appear Pro Hac Vice by Nusrat J. Choudhury ( Filing fee $ 250 receipt number 0420-8754706) by Janice Carter. Response to Motion due by 11/15/2019. 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 Proposed Order, # 2 Supporting Documents, # 3 Supporting Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
6

MOTION to Appear Pro Hac Vice by Amreeta S. Mathai ( Filing fee $ 250 receipt number 0420-8754851) by Linquista White. Response to Motion due by 11/15/2019. 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 Proposed Order, # 2 Supporting Documents, # 3 Supporting Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
7

MOTION to Appear Pro Hac Vice by Robert W. Hunter ( Filing fee $ 250 receipt number 0420-8754866) by Linquista White. Response to Motion due by 11/15/2019. 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 Proposed Order, # 2 Supporting Documents, # 3 Supporting Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
8

MOTION to Certify Class by Linquista White. Response to Motion due by 11/15/2019. 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 Memo in Support)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
9

DECLARATION by Linquista White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Dunn, Susan) (Additional attachment(s) added on 11/4/2019: # 8 Exhibit List Descriptions) (sshe, ). Modified on 11/4/2019 to add document provided by filing user(sshe, ). (Main Document 9 replaced on 11/4/2019) (sshe, ). Modified on 11/4/2019 to replace with corrected signature document provided by filing user (sshe, ). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
10

DECLARATION by Emily Bellamy. (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, # 10 Exhibit J)(Dunn, Susan) Modified on 11/4/2019 to edit filer as requested by filing user(sshe, ). (Additional attachment(s) added on 11/4/2019: # 11 Exhibit List Descriptions) (sshe, ). Modified on 11/4/2019 to add document provided by filing user(sshe, ). (Main Document 10 replaced on 11/4/2019) (sshe, ). Modified on 11/4/2019 to replace with corrected signature document provided by filing user (sshe, ). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
11

DECLARATION by Janice Carter. (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, # 10 Exhibit J, # 11 Exhibit K)(Dunn, Susan) Modified on 11/4/2019 to edit filer as requested by filing user(sshe, ). (Additional attachment(s) added on 11/4/2019: # 12 Exhibit List Descriptions) (sshe, ). Modified on 11/4/2019 to add document provided by filing user(sshe, ). (Main Document 11 replaced on 11/4/2019) (sshe, ). Modified on 11/4/2019 to replace with corrected signature document provided by filing user (sshe, ). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
12

DECLARATION of Nusrat J. Choudhury. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Dunn, Susan) (Additional attachment(s) added on 11/4/2019: # 20 Exhibit List Descriptions) (sshe, ). Modified on 11/4/2019 to add document provided by filing user(sshe, ). Modified on 11/4/2019 to edit docket text(sshe, ). (Main Document 12 replaced on 11/4/2019) (sshe, ). Modified on 11/4/2019 to replace with corrected signature document provided by filing user (sshe, ). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
13

DECLARATION of Susan Dunn. (Attachments: # 1 Exhibit A Dec 2018 FOIA Request, # 2 Exhibit B SR96990 Dec 2018 FOIA)(Dunn, Susan) Modified on 11/4/2019 to add description(s) to exhibit(s)(sshe, ). (Main Document 13 replaced on 11/4/2019) (sshe, ). Modified on 11/4/2019 to replace with corrected signature document provided by filing user, to edit docket text (sshe, ). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
14

DECLARATION of Patrick Brooks. (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)(Dunn, Susan) (Additional attachment(s) added on 11/4/2019: # 9 Exhibit List Descriptions) (sshe, ). Modified on 11/4/2019 to add document provided by filing user(sshe, ). (Main Document 14 replaced on 11/4/2019) (sshe, ). Modified on 11/4/2019 to replace with corrected signature document provided by filing user, to edit docket text (sshe, ). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
15

DECLARATION of Robert Hunter. (Attachments: # 1 Exhibit A ALC Annual Report)(Dunn, Susan) Modified on 11/4/2019 to add description(s) to exhibit(s)(sshe, ). (Main Document 15 replaced on 11/4/2019) (sshe, ). Modified on 11/4/2019 to replace with corrected signature document provided by filing user, to edit docket text (sshe, ). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
16

DECLARATION of Amreeta S. Mathai. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Dunn, Susan) (Additional attachment(s) added on 11/4/2019: # 24 Exhibit List Descriptions) (sshe, ). Modified on 11/4/2019 to add document provided by filing user(sshe, ). (Main Document 16 replaced on 11/4/2019) (sshe, ). Modified on 11/4/2019 to replace with corrected signature document provided by filing user, to edit docket text (sshe, ). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
17

DECLARATION of Adam Protheroe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Envelope C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dunn, Susan) (Additional attachment(s) added on 11/4/2019: # 7 Exhibit List Descriptions) (sshe, ). Modified on 11/4/2019 to add document provided by filing user(sshe, ). (Main Document 17 replaced on 11/4/2019) (sshe, ). Modified on 11/4/2019 to replace with corrected signature document provided by filing user, to edit docket text (sshe, ). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
18

ORDER granting 5 Motion for Nusrat J. Choudhury; 6 Motion for Amreeta S. Mathai; 7 Motion for Robert W. Hunter; to Appear Pro Hac Vice for Plaintiffs. Signed by Honorable Richard M Gergel on 11/1/2019.(sshe, ) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
20

ACCEPTANCE OF SERVICE OF COMPLAINT by Linquista White. Kenneth P. Woodington on behalf of Kevin Shwedo served on 11/7/2019, answer due 12/2/2019. (Dunn, Susan) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
21

ACCEPTANCE OF SERVICE OF COMPLAINT by Linquista White. Ralph K Anderson, III served on 11/6/2019, answer due 11/27/2019. (Dunn, Susan) (Main Document 21 replaced on 11/12/2019) (sshe, ). Modified on 11/12/2019 to replace with corrected signature document provided by filing user(sshe, ). (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
22

Consent MOTION for Extension of Time to File Answer re 1 Complaint, Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Certify Class ( Response to Motion due by 12/2/2019. 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. ) by Kevin Shwedo. No proposed order.(Woodington, Kenneth) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
24

MOTION to Appear Pro Hac Vice by Eric R. Nusser ( Filing fee $ 250 receipt number 0420-8781901) by Linquista White. Response to Motion due by 12/2/2019. 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 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
25

MOTION to Appear Pro Hac Vice by Toby J. Marshall ( Filing fee $ 250 receipt number 0420-8781917) by Linquista White. Response to Motion due by 12/2/2019. 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 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
26

MOTION to Appear Pro Hac Vice by Danielle E. Davis ( Filing fee $ 250 receipt number 0420-8781927) by Linquista White. Response to Motion due by 12/2/2019. 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 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
27

MOTION to Appear Pro Hac Vice by Emily Camille Rutledge Early ( Filing fee $ 250 receipt number 0420-8781952) by Linquista White. Response to Motion due by 12/2/2019. 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 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
28

MOTION to Appear Pro Hac Vice by Samuel J. Brooke ( Filing fee $ 250 receipt number 0420-8781965) by Linquista White. Response to Motion due by 12/2/2019. 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 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
29

TEXT ORDER granting 22 Motion for Extension of Time to Answer: Ralph K Anderson, III answer due 12/20/2019; Kevin Shwedo answer due 12/20/2019.; granting 22 Motion for Extension of Time to File Response/Reply ( Response to Motion due by 12/20/2019. Replies due by 1/10/2020.) 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., AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/18/2019.(ltap, ) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
30

ORDER granting 27 Motion for Emily C.R. Early to Appear Pro Hac Vice. Signed by Honorable Richard M Gergel on 11/25/19.(cper, ) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
31

ORDER granting 25 Motion for Toby J. Marshall to Appear Pro Hac Vice. Signed by Honorable Richard M Gergel on 11/25/19.(cper, ) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
32

ORDER granting 26 Motion for Danielle E. Davis to Appear Pro Hac Vice. Signed by Honorable Richard M Gergel on 11/25/19.(cper, ) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
33

ORDER granting 28 Motion for Samuel Brooke to Appear Pro Hac Vice. Signed by Honorable Richard M Gergel on 11/25/19.(cper, ) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
35

MOTION for Preliminary Injunction by Linquista White. Response to Motion due by 12/9/2019. 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 Memo in Support Plaintiffs' memorandum in support, # 2 Affidavit Declaration of Nusrat Choudhury, # 3 Exhibit Exh. A to Choudhury Federal Reserve report on Economic well being, # 4 Exhibit Exh. B to Choudhury California report on Debt Collection, # 5 Exhibit Exh. C to Choudhury Driven By Debt article, # 6 Exhibit Exh. D to Choudhury Steep Cost of Criminal Justice, # 7 Affidavit Declaration of Brooke Watson, # 8 Exhibit Exh. A to Watson Resume, # 9 Exhibit Exh. B to Watson DMV Data, # 10 Exhibit Exh. C to Watson City Names, # 11 Exhibit Exh. D to Watson Rates of License Suspensions, # 12 Exhibit Exh. E to Watson Poverty By Place, # 13 Exhibit Exh. F to Watson Poverty Rate to Suspension Rate, # 14 Exhibit Exh. G to Watson Unemployment by Race, # 15 Exhibit Exh. H to Watson Poverty by Race, # 16 Affidavit Declaration of Barbra Kingsley, # 17 Appendix App. A to Kingsley Resume)No proposed order.(Dunn, Susan) Modified on 2/28/2020 to reference 66 Additional Attachments, Notice of additional authority, filed 2/28/2020(sshe, ). (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
37

Consent MOTION to Stay re 35 MOTION for Preliminary Injunction (to stay December 9 deadline for response to motion pending parties' December 6 scheduling conference and further order of the court) by Kevin Shwedo. Response to Motion due by 12/11/2019. 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.(Woodington, Kenneth) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
38

ORDER granting 24 Motion for Eric R. Nusser to Appear Pro Hac Vice for Linquista White. Signed by Honorable Richard M Gergel on 12/2/2019.(sshe, ) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
39

TEXT ORDER: Defendants have moved, with the consent of Plaintiffs, for a stay of their response to Plaintiffs motion for preliminary injunction, presently due on December 9, 2019, pending the issuance of a scheduling order in this matter. (Dkt. No. 37). The Court is informed that the parties are conferring on a proposed scheduling order on December 6, 2019. The motion is granted in part and denied in part. The time for Defendants to respond to Plaintiffs motion for preliminary injunction is extended until January 6, 2020. The parties are further directed to submit to the Court a proposed joint scheduling order, if agreement can be reached, on or before December 10, 2019. If no agreement can be reached, the parties are to submit separate proposed scheduling orders for the Courts consideration on or before December 10, 2019, with a brief explanation of the differences in the two proposals. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/2/2019.(ltap, ) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
40

Joint MOTION for Extension of Time Proposed Scheduling order by Linquista White. Response to Motion due by 12/27/2019. 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.(Dunn, Susan) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
41

SCHEDULING ORDER SEE Filing of Pleadings and Briefing of Pending and Anticipated Motions deadlines; Any hearing date(s) on Plaintiffs' motion for a preliminary injunction and motion for class certification and on Defendant Anderson's anticipated motion to dismiss will be set by further Order of the Court. Rule 26(f) Conference Deadline 1/15/2020,, 26(a) Initial Disclosures due by 2/11/2020,, Rule 26 Report due by 2/14/2020,, Motions to Amend Pleadings due by 3/27/2020,, Plaintiffs ID of Expert Witness due by 5/11/2020,, Defendants ID of Expert Witnesses Due by 6/9/2020,, Records Custodian Affidavit due by 6/17/2020,, Discovery due by 8/31/2020,, Motion in Limine due by 15 business days prior to jury selection,, Motions due by 9/21/2020,, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection,, Pretrial Briefs due by 5 business days prior to jury selection,, Case ready for Trial Deadline on or after 11/2/2020 (Motion granted: 40 Joint MOTION for Extension of Time Proposed Scheduling order filed by Linquista White). Signed by Honorable Richard M Gergel on 12/17/2019. (sshe, ) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
42

ORDER TO CONDUCT MEDIATION Mediation Due by 9/30/2020 Signed by Honorable Richard M Gergel on 12/18/2019. (sshe, ) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
43

ANSWER to 1 Complaint by Kevin Shwedo.(Woodington, Kenneth) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
44

Local Rule 26.01 Answers to Interrogatories by Kevin Shwedo.(Woodington, Kenneth) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
45

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ralph K Anderson, III. Response to Motion due by 1/24/2020. 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 Memo in Support)No proposed order.(Smith, James) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
46

RESPONSE in Opposition re 35 MOTION for Preliminary Injunction Response filed by Kevin Shwedo.Reply to Response to Motion due by 1/17/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Rivers Affidavit, # 2 Exhibit Attachment 1 to Rivers Affidavit, # 3 Exhibit Attachment 2 to Rivers Affidavit, # 4 Exhibit Attachment 3 to Rivers Affidavit, # 5 Exhibit Attachment 4 to Rivers Affidavit, # 6 Exhibit Attachment 5 to Rivers Affidavit, # 7 Exhibit Attachment 6 to Rivers Affidavit, # 8 Exhibit Attachment 7 to Rivers Affidavit, # 9 Exhibit Attachment 8 to Rivers Affidavit, # 10 Exhibit Attachment 9 to Rivers Affidavit, # 11 Exhibit Attachment 10 to Rivers Affidavit, # 12 Exhibit Attachment 11 to Rivers Affidavit, # 13 Exhibit Uniform Traffic Ticket, # 14 Exhibit Jessup br. excerpt, # 15 Exhibit Stay order in Fowler, # 16 Exhibit Stay order in Robinson)(Woodington, Kenneth) Modified on 3/6/2020 to reference 67 Additional Attachments filed 3/5/2020(sshe, ). Modified on 5/7/2020 to reference 72 Additional Attachments filed 5/6/2020 (sshe, ). (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
47

RESPONSE in Opposition re 8 MOTION to Certify Class Response filed by Ralph K Anderson, III, Kevin Shwedo.Reply to Response to Motion due by 1/17/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Woodington, Kenneth) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
48

Local Rule 26.01 Answers to Interrogatories by Ralph K Anderson, III.(Smith, James) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
49

MOTION to Appear Pro Hac Vice by Olga Akselrod ( Filing fee $ 250 receipt number 0420-8896081) by Linquista White. Response to Motion due by 2/5/2020. 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 Affidavit Application & Affidavit, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
50

REPLY to Response to Motion re 35 MOTION for Preliminary Injunction Response filed by Linquista White. (Dunn, Susan) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
51

REPLY to Response to Motion re 8 MOTION to Certify Class Response filed by Linquista White. (Dunn, Susan) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
52

ORDER granting 49 Motion for Olga Akselrod to Appear Pro Hac Vice for Linquista White. Signed by Honorable Richard M Gergel on 1/31/2020.(sshe, ) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
54

NOTICE of Request for Protection from Court Appearance by James Emory Smith, Jr for Feb. 21, 26, 28; Apr. 17; May 15 (Smith, James) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
55

RESPONSE in Opposition re 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Linquista White.Reply to Response to Motion due by 2/14/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
56

MOTION for Extension of Time to File Response/Reply as to 55 Response in Opposition to Motion, by Ralph K Anderson, III. Response to Motion due by 2/24/2020. 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: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
57

TEXT ORDER granting 56 Consent Motion for Extension of Time to File Reply as to 55 Response in Opposition to Motion. Replies due by 2/21/2020. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/13/20.(ltap, ) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
58

Rule 26(f) Report by Linquista White.(Dunn, Susan) (Additional attachment(s) added on 2/18/2020: # 1 Mediation of Cases Form) (sshe, ). Modified on 2/18/2020 to add to main document an attachment that was filed separately (sshe, ). (Main Document 58 replaced on 2/19/2020) (sshe, ). Modified on 2/19/2020 to replace with corrected document as requested and provided by filing user(sshe, ). (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
59

Joint Local Rule 26.03 Answers to Interrogatories by Linquista White.(Dunn, Susan) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
60

Second Rule 26(f) Report by Linquista White.(Dunn, Susan) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
61

REPLY to Response to Motion re 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Ralph K Anderson, III. (Smith, James) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
63

MOTION for Hearing via Teleconference for Scheduling by Linquista White. Response to Motion due by 3/12/2020. 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.(Dunn, Susan) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
64

ORDER The Court finds that Plaintiffs' prayer for injunctive relief against Judge Anderson is barred by judicial immunity. The Court further GRANTS Judge Anderson's motion to dismiss regarding Plaintiffs' claim that the maintenance and enforcement of a $200.00 filing fee for initiating appeals in OMVH proceedings without an indigency exception violates the United States Constitution. (Dkt. No. 45 ). Consequently, Judge Anderson is DISMISSED as a party to this action. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/27/2020.(sshe, ) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
66

Additional Attachments to Main Document 35 MOTION for Preliminary Injunction . First attachment description: Notice of additional authority . (Dunn, Susan) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
67

Additional Attachments to Main Document 46 Response in Opposition to Motion,,,,. First attachment description: Response to Plaintiffs' Notice of Supplemental Authority . (Attachments: # 1 Exhibit FRAP Rule 28(j) letter in Johnson v. Jessup)(Woodington, Kenneth) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
68

MOTION for Leave to File Supplement to Motion by Linquista White. Response to Motion due by 4/24/2020. 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 Motion to Supplement, # 2 Exhibit Decision in Johnsonv. Jessup. 4th Circuit Court of Appeals, # 3 Affidavit Declaration of Plainitff Bellamy, # 4 Affidavit Declaration of Plaintiff Carter, # 5 Affidavit Declarations of Expert Guimaraes, # 6 Exhibit Letter to DMV about Covid 19, # 7 Exhibit Email response from DMV)No proposed order.(Dunn, Susan) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
69

RESPONSE in Opposition re 68 MOTION for Leave to File Supplement to Motion Response filed by Kevin Shwedo.Reply to Response to Motion due by 4/22/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Rivers affidavit, 4-15-20)(Woodington, Kenneth) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
70

TEXT ORDER granting 68 Motion for Leave to supplement motion for a telephone hearing. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/23/20.(ltap, ) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
71

NOTICE of Hearing on 35 MOTION for Preliminary Injunction : Oral Arguments via Telephone Conference set for 5/7/2020 at 10:00 AM before Honorable Richard M Gergel. Court Staff Needed. The Court will provide call-in instructions.(ltap, ) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
72

Additional Attachments to Main Document 46 Response in Opposition to Motion,,,,. First attachment description: Notice of Supplemental Authority . (Attachments: # 1 Exhibit Attachment 1, Motley v. Taylor, # 2 Exhibit Attachment 2, Wright v. Family Supp. Div.)(Woodington, Kenneth) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
73

Minute Entry. Proceedings held before Honorable Richard M Gergel: Motion Hearing held by telephone on 5/7/2020 re 35 MOTION for Preliminary Injunction filed by Linquista White. All parties are represented on the call. Parties shall submit a proposed scheduling order due no later than the end of next week, 5/15/2020. Court to issue a written order. Court Reporter Tana Hess. (cper, ) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
75

ORDER AND OPINION: Having determined that one of the four essential Winter factors for the issuance of a preliminary injunction, a likelihood of success on the merits, has not been met by Plaintiffs, it is not necessary for the Court to address the other Winter factors. The Plaintiffs motion for a preliminary injunction (Dkt. No. 35) is denied. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/11/20.(ltap, ) (sshe, ). (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

RECAP
76

MOTION for Extension of Time Uncontested by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 5/29/2020. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
77

SECOND AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 8/9/2020,, Defendants ID of Expert Witnesses Due by 9/9/2020,, Records Custodian Affidavit due by 9/17/2020,, Discovery due by 11/30/2020,, Motion in Limine due by 15 business days prior to trial,, Motions due by 12/21/2020,, Rule 26(a)(3) Disclosures due by 21 business days prior to trial,, Pretrial Briefs due by 5 business days prior to trial,, Case ready for Bench Trial Deadline on or after 2/2/2021 (Motion granted in part: 76 MOTION for Extension of Time Uncontested filed by Emily Bellamy, Janice Carter, Linquista White). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/20/2020. (sshe, ) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
78

MOTION to Withdraw as Attorney by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 7/14/2020. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
79

TEXT ORDER granting 78 Motion to Withdraw as Attorney. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 6/30/20.(ltap, ) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
81

NOTICE of Hearing: Status Conference set for 7/21/2020 at 11:00 AM before Honorable Richard M Gergel. Court Staff needed. The court will forward call-in instructions.(ltap, ) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
82

MOTION to Stay by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 8/3/2020. 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 Affidavit Declaration of Dunn in support of motion, # 2 Exhibit Letter from Dunn to Woodington, # 3 Exhibit 1st email from Dunn to Woodington, # 4 Exhibit 2nd email form Dunn to Woodington with response, # 5 Exhibit Proposed order of confidentiality, # 6 Exhibit 3rd email from Dunn to Woodington, # 7 Exhibit Defs. amended response to 1st RFP, # 8 Exhibit Def.s response to Ist ROG, # 9 Proposed Order Proposed order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
83

MOTION to Compel by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 8/3/2020. 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 Affidavit Declaration of Nusser, # 2 Exhibit 1st RFP to Def. Shwedo, # 3 Exhibit Plaintiiffs' 1st ROG to Def, Shwedo, # 4 Exhibit Letter from Dunn to Woodington, # 5 Exhibit 1st email from Dunn to Woodington, # 6 Exhibit 2nd email from Dunn to Woodington, # 7 Exhibit Proposed confidentialityorder, # 8 Exhibit Defs' ammend response to Plaintiffs' 1st RFPs, # 9 Exhibit Defs. response to 1st ROG)No proposed order.(Dunn, Susan) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
84

Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 7/21/2020. All parties are represented on the call. Mr. Marshal will file a response to the status conference re: possible withdrawal of motion. Court Reporter Tana Hess. (cper, ) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
85

Withdrawal of Motions: 8 MOTION to Certify Class filed by Linquista White.. (Dunn, Susan) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
87

TEXT ORDER Plaintiffs have moved, without objection from Defendant, for a stay of Plaintiff's expert disclosure deadline, presently due on August 9, 2020. (Dkt. No. 82 ). The motion seeks a stay until thirty days after Defendant's deadline to produce discovery pursuant to any Court order granting Plaintiffs' motion to compel. (Dkt. Nos. 82). The motion also seeks to extend Defendant's expert disclosure deadline and the parties' expert depositions deadline, presently due on September 9, 2020 and September 19, 2020. Plaintiffs' motion to stay is granted in part and denied in part. The parties' expert disclosure deadlines and expert depositions deadline are extended past the present dates contained in the Second Amended Scheduling Order. (Dkt. No. 77). The parties are directed to submit to the Court a proposed joint Third Amended Scheduling Order resetting these deadlines, due on or before July 30, 2020. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 7/23/2020.(sshe, ) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
88

Consent MOTION for Extension of Time to File Response/Reply as to 83 MOTION to Compel by Kevin Shwedo. Response to Motion due by 8/13/2020. 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.(Woodington, Kenneth) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
89

MOTION to Amend/Correct 77 Scheduling Order,,, Terminate Motions,, by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 8/13/2020. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
90

TEXT ORDER Defendant Kevin Shwedo's unopposed motion for extension of time to file a response to Plaintiffs' motion to compel discovery (Dkt. No. 88 ) is GRANTED. Defendant's response to Plaintiffs' motion to compel (Dkt. No. 83) is due by 8/5/2020. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 8/3/2020.(sshe, ) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
91

THIRD AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 10/9/2020,, Defendants ID of Expert Witnesses Due by 11/9/2020,, Expert Depositions due by 11/19/2020, Records Custodian Affidavit due by 9/17/2020,, Discovery due by 11/30/2020,, Motion in Limine due by 15 business days prior to trial,, Motions due by 12/21/2020,, Rule 26(a)(3) Disclosures due by 21 business days prior to trial,, Pretrial Briefs due by 5 business days prior to trial,, Case ready for Trial Deadline 2/2/2021 (Motion granted: 89 MOTION to Amend/Correct 77 Scheduling Order, filed by Emily Bellamy, Janice Carter, Linquista White). Signed by Honorable Richard M Gergel on 8/4/2020. (sshe, ) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
92

RESPONSE in Opposition re 83 MOTION to Compel Response filed by Kevin Shwedo.Reply to Response to Motion due by 8/12/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Woodington, Kenneth) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
93

REPLY to Response to Motion re 83 MOTION to Compel Response filed by Emily Bellamy, Janice Carter, Linquista White. (Dunn, Susan) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
94

ORDER The Court DENIES Plaintiffs' motion to compel (Dkt. No. 83 ) without prejudice. Once the Fourth Circuit rules in Johnson v. Jessup, Plaintiffs are free to refile their motion to compel if they deem it advisable, and the Court will take a fresh look at any newly filed motion at that time. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/18/2020.(sshe, ) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
95

Consent MOTION to Stay by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 9/23/2020. 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.(Dunn, Susan) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
96

TEXT ORDER: For good cause shown, the parties joint motion to stay the case until the Fourth Circuits decision in Johnson v. Jessup (Appeal No. 19-1421) is granted. The parties are to promptly advise the Court when a decision is made in Johnson v. Jessup. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/11/20.(ltap, ) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
98

MOTION to Withdraw Samuel Brooke as Attorney by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 9/28/2020. 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.(Dunn, Susan) Modified docket text on 9/15/2020 to specify attorney(sshe, ). (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
99

MOTION to Withdraw Robert W Hunter as Attorney by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 9/28/2020. 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.(Dunn, Susan) Modified docket text on 9/15/2020 to specify attorney(sshe, ). (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
100

TEXT ORDER granting 98 Motion for Samuel Brooks to withdraw as Counsel for Plaintiffs Emily Bellamy, Janice Carter, and Linquista White. Plaintiffs continue to be represented by counsel of record. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/17/20.(ltap, ) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
101

TEXT ORDER granting 99 Motion for Robert W Hunter to withdraw as Counsel for Plaintiffs Emily Bellamy, Janice Carter, and Linquista White. Plaintiff continue to be represented by counsel of record. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/17/20.(ltap, ) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
103

MOTION to Withdraw as Attorney by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 6/3/2021. 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 Certification of local Counsel)No proposed order.(Dunn, Susan) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
104

TEXT ORDER granting 103 Motion for Susan K. Dunn to Withdraw as Attorney. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 5/21/21.(ltap, ) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
106

NOTICE of Appearance by David Allen Chaney, Jr on behalf of Emily Bellamy, Janice Carter, Linquista White (Chaney, David) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
107

MOTION to Withdraw as Attorney by Danielle Davis by Emily Bellamy, Janice Carter, Linquista White. Response to Motion due by 8/17/2021. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Protheroe, Adam) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
108

TEXT ORDER granting 107 Motion for Danielle Davis to Withdraw as Attorney. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 8/4/21.(ltap, ) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
110

MOTION to Dismiss for Lack of Jurisdiction (lack of jusiticiabilty, and to lift stay) by Kevin Shwedo. Response to Motion due by 9/17/2021. 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 Affidavit Rivers affdiavit with attachments)No proposed order.(Woodington, Kenneth) (Entered: 09/03/2021)

1 Affidavit Rivers affdiavit with attachments

View on PACER

Sept. 3, 2021

Sept. 3, 2021

Clearinghouse
110

MOTION to Dismiss for Lack of Jurisdiction (lack of jusiticiabilty, and to lift stay) by Kevin Shwedo. Response to Motion due by 9/17/2021. 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 Affidavit Rivers affdiavit with attachments)No proposed order.(Woodington, Kenneth) (Entered: 09/03/2021)

1 Affidavit Rivers affdiavit with attachments

View on PACER

Sept. 3, 2021

Sept. 3, 2021

Clearinghouse
111

STIPULATION of Dismissal Without Prejudice by Emily Bellamy, Janice Carter, Linquista White. (Chaney, David) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Oct. 30, 2020

Closing Date: Sept. 17, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals whose licenses were suspended by S.C. DMV for inability to pay traffic fines & reinstatement fees

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Appleseed

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

South Carolina Department of Motor Vehicles (South Carolina), State

Ralph K. Anderson III (South Carolina), State

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Fines/Fees/Bail/Bond

Transportation

Race:

Black

Affected Gender:

Female