Case: Fernandez & NFB v. Duke Univ.

1:20-cv-00492 | U.S. District Court for the Middle District of North Carolina

Clearinghouse coding in progress

Case Summary

A case summary is not yet available via the Clearinghouse.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17221923/parties/fernandez-v-duke-university/


Judge(s)
Attorney for Plaintiff

BASCHE, MONICA R. (North Carolina)

KREVOR-WEISBAUM, SHARON M. (North Carolina)

Attorney for Defendant

ANDERSON, SCOTT D. (North Carolina)

DEAN, JAMES A. (North Carolina)

JONES, BENITA NICOLE (North Carolina)

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Documents in the Clearinghouse

Document
1

1:20-cv-00492

Complaint and Jury Trial Demand

June 4, 2020

June 4, 2020

Complaint
1

1:20-cv-00492

Complaint and Jury Trial Demand

June 4, 2020

June 4, 2020

Complaint
21

1:20-cv-00492

Memorandum Opinion and Order

July 29, 2021

July 29, 2021

Order/Opinion

2021 WL 3207244

30

1:20-cv-00492

Stipulation of Voluntary Dismissal with Prejudice

Dec. 21, 2021

Dec. 21, 2021

Other
30

1:20-cv-00492

Stipulation of Voluntary Dismissal with Prejudice

Dec. 21, 2021

Dec. 21, 2021

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17221923/fernandez-v-duke-university/

Last updated Aug. 6, 2025, 9:51 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0418-2817721), filed by MARY FERNANDEZ, NATIONAL FEDERATION OF THE BLIND. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Duke University) (STILES, HOLLY) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

Clearinghouse
2

Corporate Disclosure Statement by MARY FERNANDEZ. (STILES, HOLLY) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
3

Corporate Disclosure Statement by NATIONAL FEDERATION OF THE BLIND. (STILES, HOLLY) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
4

NOTICE of Appearance by attorney HOLLY A. STILES on behalf of Plaintiffs MARY FERNANDEZ, NATIONAL FEDERATION OF THE BLIND (STILES, HOLLY) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER

Case ASSIGNED to JUDGE N. C. TILLEY, JR and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)

June 4, 2020

June 4, 2020

PACER
5

NOTICE of Appearance by attorney SHARON M. KREVOR-WEISBAUM on behalf of Plaintiffs MARY FERNANDEZ, NATIONAL FEDERATION OF THE BLIND (KREVOR-WEISBAUM, SHARON) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
6

NOTICE of Appearance by attorney MONICA R. BASCHE on behalf of Plaintiffs MARY FERNANDEZ, NATIONAL FEDERATION OF THE BLIND (BASCHE, MONICA) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER

Case Assigned

June 4, 2020

June 4, 2020

PACER
7

Summons Issued as to DUKE UNIVERSITY. (Sheets, Jamie) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
8

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (Sheets, Jamie) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
9

Declaration of Proof of Service served on DUKE UNIVERSITY on 06/10/2020, filed by MARY FERNANDEZ, NATIONAL FEDERATION OF THE BLIND. . (Attachments: # 1 Exhibit ACCEPTANCE OF SERVICE)(STILES, HOLLY) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
10

NOTICE of Appearance by attorney JAMES A. DEAN on behalf of Defendant DUKE UNIVERSITY (DEAN, JAMES) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
11

Consent MOTION for Extension of Time to File Answer re 1 Complaint by DUKE UNIVERSITY. (DEAN, JAMES) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER

ORDER granting 11 Motion for Extension of Time to Answer filed by DUKE UNIVERSITY. Answer due by 7/31/2020. Signed by Gloria L. Powell on June 26, 2020 on behalf of John S. Brubaker, Clerk of Court. (Powell, Gloria)

June 26, 2020

June 26, 2020

PACER

Order on Motion for Extension of Time to Answer

June 26, 2020

June 26, 2020

PACER
12

NOTICE of Appearance by attorney BENITA NICOLE JONES on behalf of Defendant DUKE UNIVERSITY (JONES, BENITA) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
13

NOTICE of Appearance by attorney SCOTT D. ANDERSON on behalf of Defendant DUKE UNIVERSITY (ANDERSON, SCOTT) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
14

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION (PARTIAL) by DUKE UNIVERSITY. Response to Motion due by 8/21/2020 (DEAN, JAMES) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
15

BRIEF re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION (PARTIAL) by Defendant DUKE UNIVERSITY filed by DUKE UNIVERSITY. (Attachments: # 1 Exhibit 1 - Declaration of Sheryle Dirks)(DEAN, JAMES) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
16

RESPONSE in Opposition re 15 Brief, filed by DUKE UNIVERSITY, 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION (PARTIAL) filed by DUKE UNIVERSITY filed by MARY FERNANDEZ, NATIONAL FEDERATION OF THE BLIND. Replies due by 9/4/2020 (Attachments: # 1 Exhibit List, # 2 Exhibit 1 - Declaration of Mark Riccobono, # 3 Exhibit 2 - Declaration of Peter Bossley, # 4 Exhibit 3 - Declaration of Mary Fernandez)(STILES, HOLLY) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
17

REPLY, filed by Defendant DUKE UNIVERSITY, to Response to 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION (PARTIAL) LR 7.6 OBJECTION TO RICCOBONO AFFIDAVIT filed by DUKE UNIVERSITY. (DEAN, JAMES) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER

Motions Submitted: 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION (PARTIAL) to JUDGE N. C. TILLEY, JR. (Winchester, Robin)

Sept. 8, 2020

Sept. 8, 2020

PACER

Motions Submitted

Sept. 8, 2020

Sept. 8, 2020

PACER
18

Notice of Attorney Appearance

Jan. 8, 2021

Jan. 8, 2021

PACER
19

Notice of Withdrawal and Substitution of Counsel

June 30, 2021

June 30, 2021

PACER
20

Notice of Attorney Appearance

July 27, 2021

July 27, 2021

PACER
21

MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 07/29/2021, that Defendant Duke University's Partial Motion to Dismiss [Doc. # 14 ] is GRANTED IN PART and DENIED IN PART as follows: it is GRAN TED as to the injunctive and declaratory relief sought in Counts I and II for Defendant's student policies and practices and GRANTED as to the request for compensatory damages for alleged violations preceding June 4, 2018 and it is otherwise DENIED. (Garland, Leah)

July 29, 2021

July 29, 2021

RECAP
22

Extension of Time to File Answer

Aug. 9, 2021

Aug. 9, 2021

PACER

Motions Referred

Aug. 9, 2021

Aug. 9, 2021

PACER

Order on Motion for Extension of Time to Answer

Aug. 10, 2021

Aug. 10, 2021

PACER

Update Answer Deadline

Aug. 10, 2021

Aug. 10, 2021

PACER
23

Answer to Complaint

Aug. 26, 2021

Aug. 26, 2021

PACER
24

Notice of Initial Pretrial Conference Hearing

Aug. 27, 2021

Aug. 27, 2021

PACER
25

Rule 26f Report - Joint

Oct. 15, 2021

Oct. 15, 2021

PACER
26

Rule 26f Report - Joint

Oct. 18, 2021

Oct. 18, 2021

PACER

Motions Referred

Oct. 19, 2021

Oct. 19, 2021

PACER
27

Rule 26f - Joint

Oct. 19, 2021

Oct. 19, 2021

PACER

Case Referred to Mediation

Oct. 19, 2021

Oct. 19, 2021

PACER

Mediation Scheduling Order

Oct. 19, 2021

Oct. 19, 2021

PACER
28

Order Appointing Mediator

Oct. 19, 2021

Oct. 19, 2021

PACER
29

Report of Mediator

Dec. 8, 2021

Dec. 8, 2021

PACER

Case Reported Settled Prior To Mediation

Dec. 8, 2021

Dec. 8, 2021

PACER

Case Reported Settled

Dec. 8, 2021

Dec. 8, 2021

PACER
30

Stipulation of Dismissal

Dec. 21, 2021

Dec. 21, 2021

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Disability Rights

Plaintiffs

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Issues

Disability and Disability Rights:

Visual impairment