Case: Peltier v. Charter Day School, Inc.

7:16-cv-00030 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Feb. 29, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit concerns a public charter school dress code that required female students to wear skirts. On February 29, 2016, three mothers of minor girls filed this lawsuit on their behalf in the U.S. District Court for the Eastern District of North Carolina. Represented by private counsel and the ACLU, they sued Charter Day School, Inc.; members of its Board of Trustees; and The Roger Bacon Academy, Inc., seeking declaratory relief, injunctive relief prohibiting the defendants from enforcing t…

This lawsuit concerns a public charter school dress code that required female students to wear skirts. On February 29, 2016, three mothers of minor girls filed this lawsuit on their behalf in the U.S. District Court for the Eastern District of North Carolina. Represented by private counsel and the ACLU, they sued Charter Day School, Inc.; members of its Board of Trustees; and The Roger Bacon Academy, Inc., seeking declaratory relief, injunctive relief prohibiting the defendants from enforcing the uniform policy, attorneys' fees, and money damages to compensate the students for the violation of their rights, as well as any other relief the court deemed fair. The students alleged that the dress code violated the Fourteenth Amendment's Equal Protection Clause; Article I, section 19 of the North Carolina Constitution; Title IX; and North Carolina state law. The students claimed that the skirts restricted their movement, that pants would keep them warmer in the winter, and that the tights and leggings worn under the skirts would wear and tear quickly, necessitating frequent replacement. They asserted that the requirement was based on archaic stereotypes regarding modesty, femininity, and the idea that women ought to be less physically active. The students claimed that the dress code resulted in irreparable injury and threatened to harm their dignity.

The case was assigned to District Judge Malcolm J. Howard. A couple of weeks after filing the complaint, the students filed an amended complaint naming different Board of Trustees individuals.

On April 11, 2016, the defendants moved to dismiss the case. They argued that the plaintiffs' failed to sufficiently allege an Equal Protection violation because:

  • the plaintiffs voluntarily chose to attend the school;
  • the policy permitted students to wear leggings under their skirts or wear skorts;
  • the dress code was not based on impermissible gender stereotypes;
  • the plaintiffs' alleged harms would fail as a matter of law if asserted against a single-sex educational facility, which are permitted under NC state law; and
  • courts traditionally have, and should, refrain from regulating day-to-day issues in local schools.

The defendants also argued that the claims under the NC state constitution should be litigated in state court, that the plaintiffs had failed to make out a Title IX claim, that the claims were time-barred by the statute of limitations because the plaintiffs had been students at the school for more than three years, and that the individual board members were unnecessary parties to the litigation.

Throughout the remainder of 2016, the parties pursued discovery and worked with a mediator. In December of 2016, the defendants moved to compel a Rule 35 mental exam of the students. The defendants told the plaintiffs that psychology experts would be observing the students at school and interviewing their teachers the week of January 15, 2017. On January 6, the court denied the defendants' motion to compel Rule 35 exams and the plaintiffs emailed the defendants their objection to the observation and interview. The defendants agreed there would be no need for observation or interviews if neither parties’ experts testified about psychological effects. However, the defendants’ experts still interviewed and observed remotely, reporting no signs that skirts inhibited the students’ behavior.

On January 25, 2017, the plaintiffs filed a motion for appropriate relief seeking an order striking the defendants' expert report and imposing sanctions in the form of reasonable attorneys' fees and costs against the defendants’ former counsel for violating their duty of candor.

Judge Howard denied the defendants’ motion to dismiss on March 30, 2017. First, Judge Howard found that the defendants’ challenges to the Equal Protection claims tried to argue facts too early in the case and that the existence of single-sex schools in North Carolina was irrelevant. Judge Howard also found that, while courts should stay away from day-to-day issues at schools, children don’t lose their rights at school. Next, Judge Howard looked at the claims under the North Carolina Constitution and found they were not thoroughly addressed. Judge Howard found that the plaintiffs had alleged facts sufficient to survive a motion to dismiss on the Title IX claims and that determination of which regulations applied in this case was better suited for a later stage of litigation. The court also found that the statute of limitations was irrelevant, as the plaintiffs had alleged an ongoing constitutional violation. Finally, Judge Howard found that board members can statutorily be sued, even having insurance for such, and that they don’t have Eleventh Amendment immunity merely because charter schools are public schools. 2017 WL 1194460.

The court ordered a settlement conference mastered by Magistrate Judge Robert B. Jones. The conference reached an impasse at the end of May. 

Magistrate Judge Kimberly A. Swank held a hearing on the plaintiffs' motion for appropriate relief in July. Shortly after the hearing, defendants’ counsel withdrew from the case and the defendants secured new counsel. On September 29, 2017, Judge Swank issued a finding that the defendants' prior `counsel had acted with deliberate indifference to or with willful disregard for the consequences of his actions, but the defendants were unaware. Judge Swank barred testimony and struck portions of the expert report about the observations and interviews and found monetary sanctions against the defendants’ counsel were appropriate. 2017 WL 11180226. The parties agreed to an undisclosed amount in November.

In late November 2017, both parties moved for summary judgment. On March 28, 2019, Judge Howard ruled on both motions. The court granted the defendants summary judgment on the Title IX claims, finding that Title IX did not speak directly to the question of school uniform policies and appearance codes, but that the U.S. Department of Education had interpreted Title IX to permit codes of personal appearance to be decided at the local level. Roger Bacon Academy, Inc. is not the legal entity charged with approving policies and was found to not fall under the state action doctrine of the constitutional claims. That defendant’s motion for summary judgment was granted. However, Judge Howard agreed with the students’ Equal Protection Clause claim against Charter Day School since the skirts requirement causes the girls to suffer a burden the boys do not, because they are female. Judge Howard found both the North Carolina Constitutional Claims and Breach of Contract Claims were not adequately addressed by either party, so denied them without prejudice. 348 F. Supp. 3d. On November 26th 2019 Judge Howard entered partial final judgment on the summary judgments. He ruled the requirement of the uniform policy violates the students’ rights and permanently enjoined the defendants from enforcing the skirt requirement. 2019 WL 13172406.

On January 20, 2021 the case was reassigned to District Judge Richard E. Myers II.

Both parties appealed to the United States Court of Appeals for the Fourth Circuit and argued the case. The court reversed and remanded on August 9, 2021. They found that Charter Day School is not a state actor and bound to an Equal Protection Claim. However, they found that the district court erred in dismissing the Title IX claim as the statute broadly prohibits sex-based discrimination in schools that receive federal funding. 8 F.4th 251.

The case was reargued and reheard en banc by the Fourth Circuit on June 14, 2022. The court granted the motion for summary judgment for the students’ on the Equal Protection Claim against Charter Day School, since it is a public charter school and acted under the color of state law. They vacated the district court’s Title IX ruling and remanded it back to them, finding by the plain language of the statute that Title IX unambiguously encompasses sex-based dress codes. 37 F.4th 104. The next month the US Court of Appeals granted $1,045.00 for the notices of appeal. 

On September 12, 2022 the defendants petitioned the US Supreme Court for a Writ of Certiorari. On June 26, 2023, the US Supreme Court denied certiorari. 

This case is ongoing in the district court.

Summary Authors

Zoe Van Dyke (10/7/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4516629/parties/peltier-v-charter-day-school-inc/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Boyle, W. Ellis (North Carolina)

Expert/Monitor/Master/Other

Brook, Christopher Anderson (North Carolina)

Chandy, Sunu (North Carolina)

Chaudhry, Neena Kumari (North Carolina)

Chesson-Porte, Verlyn (North Carolina)

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Documents in the Clearinghouse

Document
1

7:16-cv-00030

Complaint

Feb. 29, 2016

Feb. 29, 2016

Complaint
13

7:16-cv-00030

Amended Complaint

March 11, 2016

March 11, 2016

Complaint
76

7:16-cv-00030

Plaintiffs' Motion for Appropriate Relief

Jan. 25, 2017

Jan. 25, 2017

Pleading / Motion / Brief
91

7:16-cv-00030

Order

March 30, 2017

March 30, 2017

Order/Opinion

2017 WL 2017

136

7:16-cv-00030

Order

Sept. 29, 2017

Sept. 29, 2017

Order/Opinion

2017 WL 2017

216

7:16-cv-00030

Order

March 28, 2019

March 28, 2019

Order/Opinion

384 F.Supp.3d 384

244

7:16-cv-00030

Order

Nov. 26, 2019

Nov. 26, 2019

Order/Opinion

2019 WL 2019

245

7:16-cv-00030

Partial Final Judgment in a Civil Case

Nov. 26, 2019

Nov. 26, 2019

Order/Opinion
260

7:16-cv-00030

New Docket

Opinion from USCA

U.S. Court of Appeals for the Fourth Circuit

Aug. 9, 2021

Aug. 9, 2021

Order/Opinion

8 F.4th 8

134

20-01001

Opinion on Rehearing En Banc

U.S. Court of Appeals for the Fourth Circuit

June 14, 2022

June 14, 2022

Order/Opinion

37 F.4th 37

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4516629/peltier-v-charter-day-school-inc/

Last updated April 21, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Chad Adams, Dawn Carter, Charter Day School, Inc., Jeremy Dickinson, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc. ( Filing fee $ 400 receipt number 0417-3596261.), filed by Patricia Brown, Erika Booth, Bonnie Peltier. (Attachments: # 1 Civil Cover Sheet, # 2 Index of Exhibits, # 3 Exhibit A - Uniform Policy, # 4 Exhibit B - Peltier Mitchell email exchange, # 5 Exhibit C - CDS Parent and Student Handbook 2015-16, # 6 Exhibit D - Charter Application 1999, # 7 Exhibit E - CDS Charter Agreement, # 8 Exhibit F - RBA CDS Management Agreement, # 9 Proposed Summons to Charter Day School, Inc., # 10 Proposed Summons to Robert P. Spencer, # 11 Proposed Summons to Chad Adams, # 12 Proposed Summons to Dawn Carter, # 13 Proposed Summons to Jeremy Dickinson, # 14 Proposed Summons to Melissa Gott, # 15 Proposed Summons to The Roger Bacon Academy, Inc.) (Marquis Segal, Lenor) (Entered: 02/29/2016)

1 Civil Cover Sheet

View on PACER

2 Index of Exhibits

View on PACER

3 Exhibit A - Uniform Policy

View on PACER

4 Exhibit B - Peltier Mitchell email exchange

View on PACER

5 Exhibit C - CDS Parent and Student Handbook 2015-16

View on PACER

6 Exhibit D - Charter Application 1999

View on PACER

7 Exhibit E - CDS Charter Agreement

View on PACER

8 Exhibit F - RBA CDS Management Agreement

View on PACER

9 Proposed Summons to Charter Day School, Inc.

View on PACER

10 Proposed Summons to Robert P. Spencer

View on PACER

11 Proposed Summons to Chad Adams

View on PACER

12 Proposed Summons to Dawn Carter

View on PACER

13 Proposed Summons to Jeremy Dickinson

View on PACER

14 Proposed Summons to Melissa Gott

View on PACER

15 Proposed Summons to The Roger Bacon Academy, Inc.

View on PACER

Feb. 29, 2016

Feb. 29, 2016

Clearinghouse
2

Notice of Appearance filed by Lenor Cathleen Marquis Segal on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
3

Financial Disclosure Statement by Bonnie Peltier (Marquis Segal, Lenor) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
4

Financial Disclosure Statement by Erika Booth (Marquis Segal, Lenor) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
5

Financial Disclosure Statement by Patricia Brown (Marquis Segal, Lenor) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
6

Notice of Appearance filed by Amy L. Katz on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Katz, Amy) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
7

Notice of Appearance for non-district by Galen L. Sherwin on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Sherwin, Galen) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
8

Notice of Appearance filed by Jenifer R. Wolfe on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Wolfe, Jenifer) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
9

Notice of Appearance for non-district by Lenora M. Lapidus on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Lapidus, Lenora) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
10

Notice of Appearance filed by Christopher Anderson Brook on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Brook, Christopher) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
11

Summons Issued as to Chad Adams, Dawn Carter, Charter Day School, Inc., Jeremy Dickinson, Melissa Gott, Robert P. Spencer and The Roger Bacon Academy, Inc. Counsel needs to print summons to effect service. (Rudd, D.) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
12

STIPULATION by Erika Booth, Patricia Brown, Bonnie Peltier (Marquis Segal, Lenor) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
13

AMENDED COMPLAINT against Chad Adams, Charter Day School, Inc., Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West, Colleen Combs, Ted Bodenschatz, filed by Patricia Brown, Erika Booth, Bonnie Peltier. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Uniform Policy, # 3 Exhibit B - Peltier Mitchell email exchange, # 4 Exhibit C - CDS Parent and Student Handbook 2015-16, # 5 Exhibit D - Charter Application 1999, # 6 Exhibit E - CDS Charter Agreement, # 7 Exhibit F - RBA CDS Management Agreement, # 8 Proposed Summons to Colleen Combs, # 9 Proposed Summons to Suzanne West, # 10 Proposed Summons to Ted Bodenschatz) (Marquis Segal, Lenor) (Entered: 03/11/2016)

1 Index of Exhibits

View on PACER

2 Exhibit A - Uniform Policy

View on RECAP

3 Exhibit B - Peltier Mitchell email exchange

View on PACER

4 Exhibit C - CDS Parent and Student Handbook 2015-16

View on PACER

5 Exhibit D - Charter Application 1999

View on PACER

6 Exhibit E - CDS Charter Agreement

View on PACER

7 Exhibit F - RBA CDS Management Agreement

View on PACER

8 Proposed Summons to Colleen Combs

View on PACER

9 Proposed Summons to Suzanne West

View on PACER

10 Proposed Summons to Ted Bodenschatz

View on PACER

March 11, 2016

March 11, 2016

Clearinghouse
14

ACKNOWLEDGEMENT OF SERVICE Executed as to 11 Summons Issued, 13 Amended Complaint,, 1 Complaint,,, Acknowledgement filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER

NOTICE OF DEFICIENCY regarding: 13 Amended Complaint - Pursuant to Section B(3) of the Administrative Policies and Procedures Manual available on the court's website, when using fillable PDF forms, the Court requires that these forms be "flattened." Counsel is directed to flatten the PDF summons and refile. Counsel can use the event "Notice-Other" to refile the documents. (Rudd, D.)

March 14, 2016

March 14, 2016

PACER
15

Notice filed by Erika Booth, Patricia Brown, Bonnie Peltier Proposed Summons to Colleen Combs. (Marquis Segal, Lenor) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
16

Notice filed by Erika Booth, Patricia Brown, Bonnie Peltier Proposed Summons to Suzanne West. (Marquis Segal, Lenor) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
17

Notice filed by Erika Booth, Patricia Brown, Bonnie Peltier Proposed Summons to Ted Bodenschatz. (Marquis Segal, Lenor) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
18

Summons Issued as to Ted Bodenschatz, Colleen Combs and Suzanne West. Counsel needs to print summons to effect service. (Rudd, D.) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
19

Notice of Appearance filed by George L. Fletcher on behalf of Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Fletcher, George) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
20

Financial Disclosure Statement by The Roger Bacon Academy, Inc. identifying Corporate Parent Roger Bacon Academy, Inc. for The Roger Bacon Academy, Inc.. (Fletcher, George) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
21

Financial Disclosure Statement by Charter Day School, Inc. identifying Corporate Parent Charter Day School, Inc. for Charter Day School, Inc.. (Fletcher, George) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
22

First MOTION for Extension of Time to File Answer regarding 13 Amended Complaint,, 14 Acknowledgment of Service filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Attachments: # 1 Text of Proposed Order) (Fletcher, George) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER

Motion Referred to Julie Richards Johnston, Clerk of Court regarding: 22 First MOTION for Extension of Time to File Answer regarding 13 Amended Complaint, 14 Acknowledgment of Service. (Rudd, D.)

March 30, 2016

March 30, 2016

PACER

TEXT ORDER granting defendants' 22 motion for extension of time. Defendants Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., and Suzanne West have through and including April 11, 2016 to answer or otherwise respond to plaintiffs' amended complaint. Signed by Jolie Skinner for Julie Richards Johnston, Clerk of Court on 3/30/2016. (Skinner, J.)

March 30, 2016

March 30, 2016

PACER
23

Notice of Substitution of Counsel filed by Jenifer R. Wolfe on behalf of Erika Booth, Patricia Brown, Bonnie Peltier substituting for Jenifer Wolfe. (Wolfe, Jenifer) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
25

Memorandum in Support regarding 24 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Fletcher, George) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
26

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 4/12/2016. (Rudd, D.) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
27

CORRECTED First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Fletcher, George) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
28

SEALED Exhibits (Selected Participants Only)by George L. Fletcher (available to: Plaintiffs Erika Booth, Patricia Brown, Bonnie Peltier) regarding 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Fletcher, George) Modified on 4/13/2016 to take the word "proposed" off pursuant to order at 30 .(Rudd, D.) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
29

MOTION to Seal Document 28 PROPOSED SEALED Exhibit, filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Attachments: # 1 Text of Proposed Order) (Fletcher, George) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER

Motion Submitted to Senior Judge Malcolm J. Howard: regarding 29 MOTION to Seal Document 28 PROPOSED SEALED Exhibits. (Rudd, D.)

April 13, 2016

April 13, 2016

PACER
30

ORDER granting 29 Motion to Seal Document 28 PROPOSED SEALED Exhibits. Signed by Senior Judge Malcolm J. Howard on 4/13/2016. (Rudd, D.) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
31

MOTION for Extension of Time to File Response as to 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Attachments: # 1 Text of Proposed Order) (Marquis Segal, Lenor) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER

Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: 31 MOTION for Extension of Time to File Response as to 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Rudd, D.)

April 21, 2016

April 21, 2016

PACER
32

ORDER granting 31 Motion for Extension of Time to File Response regarding 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 5/16/2016. Signed by Magistrate Judge Kimberly A. Swank on 4/25/2016. (Rudd, D.) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
33

MOTION to Withdraw as Attorney Jenifer Wolfe filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Attachments: # 1 Text of Proposed Order) (Brook, Christopher) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER

Motion Submitted to Senior Judge Malcolm J. Howard: regarding 33 MOTION to Withdraw as Attorney Jenifer Wolfe. (Rudd, D.)

April 29, 2016

April 29, 2016

PACER
34

Notice of Appearance filed by Aaron Daniel Lindquist on behalf of All Defendants. (Lindquist, Aaron) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
35

ORDER granting 33 Motion to Withdraw as Attorney. Attorney Jenifer R. Wolfe terminated. Signed by Senior Judge Malcolm J. Howard on 5/4/2016. (Rudd, D.) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
36

RESPONSE in Opposition regarding 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Attachments: # 1 Index of Unpublished Cases, # 2 ACLU v. Tarek, # 3 Adams v. Trustees, # 4 Doe v. Brockton, # 5 Doe v. Yunits, # 6 Ellis v. Bunn, # 7 G.G. v. Gloucester, # 8 Hensley v. Johnston Cty Bd of Educ, # 9 Iacono v. Croom, # 10 Melvin v. Principi, # 11 Scaggs v. NY Dept of Educ, # 12 Sed. Ind. of SC v. Seven Creeks, # 13 Sturgis v. Copiah Cty, # 14 Wells Fargo v. Triplett) (Marquis Segal, Lenor) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
37

Rule 26(f) Report (joint) filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
38

REPLY to Response to Motion regarding 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Lindquist, Aaron) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER

Remark - Joint Rule 26(f) Report referred to Magistrate Judge Kimberly A. Swank. (Rudd, D.)

June 1, 2016

June 1, 2016

PACER

Motion Submitted to Senior Judge Malcolm J. Howard: regarding 27 Corrected First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Rudd, D.)

June 1, 2016

June 1, 2016

PACER
39

CASE MANAGEMENT ORDER: Mediation Deadline set for 11/30/2016. Discovery due by 1/25/2017. Dispositive Motions due by 3/8/2017. A Non-Final Pretrial Conference set for 10/20/2016 at 1:00 p.m. in Greenville Annex Courtroom before Magistrate Judge Kimberly A. Swank. A Final Pretrial Conference set for 6/19/2017 civil term in Greenville before Senior Judge Malcolm J. Howard. Signed by Magistrate Judge Kimberly A. Swank on 6/1/2016. (Rudd, D.) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
40

MOTION to Appoint Guardian ad Litem filed by Bonnie Peltier. (Attachments: # 1 Affidavit of Bonnie Peltier, # 2 Text of Proposed Order) (Marquis Segal, Lenor) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
41

MOTION to Appoint Guardian ad Litem filed by Erika Booth. (Attachments: # 1 Affidavit of Erika Booth, # 2 Text of Proposed Order) (Marquis Segal, Lenor) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
42

MOTION to Appoint Guardian ad Litem filed by Patricia Brown. (Attachments: # 1 Affidavit of Patricia Brown, # 2 Text of Proposed Order) (Marquis Segal, Lenor) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
43

SEALED Exhibit (Selected Participants Only)by Lenor Marquis Segal (available to: Defendants Chad Adams, Ted Bodenschatz, Dawn Carter, Charter Day School, Inc., Colleen Combs, Jeremy Dickinson, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West) regarding 42 MOTION to Appoint Guardian ad Litem . (Marquis Segal, Lenor) Modified on 6/21/2016 to remove the word "proposed" per order at 48 . (Rudd, D.) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
44

MOTION to Seal Document 43 PROPOSED SEALED Exhibit, filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Attachments: # 1 Text of Proposed Order) (Marquis Segal, Lenor) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER

Motions Submitted to Senior Judge Malcolm J. Howard: regarding 40 MOTION to Appoint Guardian ad Litem, 44 MOTION to Seal Document 43 PROPOSED SEALED Exhibit, 42 MOTION to Appoint Guardian ad Litem, 41 MOTION to Appoint Guardian ad Litem. (Rudd, D.)

June 8, 2016

June 8, 2016

PACER
45

ORDER granting 40 Motion to Appoint Guardian ad Litem ad Litem. IT IS ORDERED, therefore that Bonnie Peltier is hereby appointed Guardian ad Litem to act on A. P.'s behalf in prosecuting the captioned action. Signed by Senior Judge Malcolm J. Howard on 6/21/2016. (Rudd, D.) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
46

ORDER granting 41 Motion to Appoint Guardian ad Litem ad Litem. IT IS ORDERED, therefore, that Erika Booth is hereby appointed Guardian ad Litem to act on I.B.'s behalf in prosecuting the captioned action. Signed by Senior Judge Malcolm J. Howard on 6/21/2016. (Rudd, D.) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
47

ORDER granting 42 Motion to Appoint Guardian ad Litem ad Litem. IT IS ORDERED, therefore, that Patricia Brown is hereby appointed Guardian ad Litem to act on K.B.'s behalf in prosecuting the captioned action. Signed by Senior Judge Malcolm J. Howard on 6/21/2016. (Rudd, D.) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
48

ORDER granting 44 Motion to Seal Document 43 SEALED Exhibit. THEREFORE, it is ORDERED, ADJUDGED, AND DECREED that these exhibits shall be FILED and MAINTAINED UNDER SEAL until further Order of the Court. Signed by Senior Judge Malcolm J. Howard on 6/21/2016. (Rudd, D.) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
49

Selection of Patricia L. Holland, Esq. as mediator filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Attachments: # 1 Text of Proposed Order) (Marquis Segal, Lenor) (Entered: 06/22/2016)

June 22, 2016

June 22, 2016

PACER
50

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER by Erika Booth, Patricia Brown, Bonnie Peltier (Marquis Segal, Lenor) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER

Remark - DE 50 Proposed Confidentiality Stipulation and Protective Order referred to US Magistrate Judge Kimberly A. Swank. (Lee, L.)

Aug. 15, 2016

Aug. 15, 2016

PACER
51

Notice of Appearance filed by Irena Como on behalf of All Plaintiffs. (Como, Irena) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
52

Financial Disclosure Statement by Erika Booth, Patricia Brown, Bonnie Peltier (Como, Irena) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
53

PROTECTIVE ORDER and Confidentiality Stipulation approving proposed order 50 . Signed by Magistrate Judge Kimberly A. Swank on 8/26/2016. (Foell, S.) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

RECAP
54

Joint MOTION for Extension of Time to Complete Discovery filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
55

Memorandum in Support regarding 54 Joint MOTION for Extension of Time to Complete Discovery filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Attachments: # 1 Exhibit A - New Hanover County Trial Calendar, # 2 Unpublished Case - Velasquez v. Salsas Beer Rest. Inc., # 3 Text of Proposed Order) (Marquis Segal, Lenor) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER

Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: 54 Joint MOTION for Extension of Time to Complete Discovery. (Rudd, D.)

Sept. 27, 2016

Sept. 27, 2016

PACER
56

ORDER granting 54 Motion for Extension of Time to Complete Discovery. Fact Discovery is extended for a period of six (6) days, through and including 10/18/2016. Signed by Magistrate Judge Kimberly A. Swank on 10/3/2016. (Rudd, D.) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
57

Notice filed by Erika Booth, Patricia Brown, Bonnie Peltier Joint Preconference Report. (Marquis Segal, Lenor) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
58

Minute Entry for proceedings held before Magistrate Judge Kimberly A. Swank in Greenville Annex: A Non-Final Rule 16 Pretrial Conference was held on 10/20/2016 - Counsel present for both plaintiff and defendant - Introduction of counsel - Court goes over the joint pretrial conference report - The Court makes inquiry regarding if any extensions of the discovery deadline are needed - The parties agree that as of the current date no extensions are needed - There is a pending motion to dismiss before the court - Mediation is currently scheduled for 11/9/2016 - The parties are advised that if a conference is needed to contact the clerk's office - If the case settles, the parties are to contact the court immediately. (Court Reporter FTR Gold) (Rudd, D.) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
60

MOTION to Compel RULE 35 EXAM filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Attachments: # 1 Exhibit BROWN EXPERT REPORT, # 2 Exhibit CDS ACADEMIC CALENDAR, # 3 Exhibit UNPUBLISHED CASES) (Lindquist, Aaron) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
61

SEALED Exhibit (Selected Participants Only)by AARON LINDQUIST (available to: Defendants Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West, Plaintiffs Erika Booth, Patricia Brown, Bonnie Peltier) regarding 60 MOTION to Compel RULE 35 EXAM. (Lindquist, Aaron) Modified on 1/10/2017 to remove the word "proposed" per order at 69 .(Rudd, D.) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
62

Memorandum in Support regarding 60 MOTION to Compel RULE 35 EXAM filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Lindquist, Aaron) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
63

MOTION to Seal Document 61 PROPOSED SEALED Exhibit, filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Attachments: # 1 Text of Proposed Order) (Lindquist, Aaron) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
64

Proposed Order regarding 60 MOTION to Compel RULE 35 EXAM filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Lindquist, Aaron) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER

Motion Submitted to Senior Judge Malcolm J. Howard: regarding 63 MOTION to Seal Document 61 PROPOSED SEALED Exhibit. (Rudd, D.)

Dec. 8, 2016

Dec. 8, 2016

PACER

Motion No Longer Submitted to Senior Judge Malcolm J. Howard: regarding 63 MOTION to Seal Document 61 PROPOSED SEALED Exhibit. (Rudd, D.)

Dec. 8, 2016

Dec. 8, 2016

PACER

Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: 63 MOTION to Seal Document 61 PROPOSED SEALED Exhibit. (Rudd, D.)

Dec. 8, 2016

Dec. 8, 2016

PACER
65

Memorandum in Opposition regarding 60 MOTION to Compel RULE 35 EXAM Opposing Extension of Time to Prepare and Serve Expert Reports filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Attachments: # 1 Exhibit A - December 1, 2016 Email re Rule 35 Examinations, # 2 Exhibit B - Excerpt from Duncan Hively website) (Marquis Segal, Lenor) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER

Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: 60 MOTION to Compel RULE 35 EXAM. (Rudd, D.)

Dec. 14, 2016

Dec. 14, 2016

PACER

Motions No Longer Referred: 60 MOTION to Compel RULE 35 EXAM and Motion to Modify the Case Management Order. (Rudd, D.)

Dec. 14, 2016

Dec. 14, 2016

PACER
66

REPLY in Opposition regarding 60 MOTION to Compel RULE 35 EXAM filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) Modified on 1/4/2017 to clarify docket text. (Rudd, D.) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
67

Declaration regarding 66 Response in Opposition to Motion for Rule 35 Examination by Erika Booth, Patricia Brown, Bonnie Peltier (Attachments: # 1 Exhibit A - 2016-09-13 Email Lindquist to Segal, # 2 Exhibit B - 2016-10-01 Email Segal to Fletcher/Lindquist, # 3 Exhibit C - 2016-11-11 Holland ltr and report, # 4 Exhibit D - 2016-12-01 and 05 email and response, # 5 Exhibit E - Plaintiffs' Resp and Obj to First Discovery Requests, # 6 Exhibit F - K.B. ACLU Blog Post) (Marquis Segal, Lenor) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER

Motions Referred to US Magistrate Judge Kimberly A. Swank regarding: 63 MOTION to Seal Document 61 PROPOSED SEALED Exhibit and 60 MOTION to CompelRULE 35 EXAM. (Rudd, D.)

Jan. 4, 2017

Jan. 4, 2017

PACER
68

ORDER denying 60 Motion to Compel Rule 35 examinations. Counsel should read order in its entirety for pertinent information. Signed by Magistrate Judge Kimberly A. Swank on 1/5/2017. (Rudd, D.) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
69

ORDER granting 63 Motion to Seal Document 61 PROPOSED SEALED Exhibit. Signed by Magistrate Judge Kimberly A. Swank on 1/6/2017. (Rudd, D.) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
70

MOTION Judicial Conference Expedited Treatment Requested filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
71

Declaration regarding 70 MOTION Judicial Conference Expedited Treatment Requested by Erika Booth, Patricia Brown, Bonnie Peltier (Attachments: # 1 Exhibit A - Email chain, # 2 Exhibit B - Excerpt from Duncan Hively 1-13-17 Report) (Marquis Segal, Lenor) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER

NOTICE OF DEFICIENCY regarding: 70 Motion for Judicial Conference Expedited Treatment Requested - Pursuant to Local Civil Rule 7.1(e), except for motions which the clerk may grant, all motions made, other than in a hearing or trial, shall be filed with an accompanying supporting memorandum. (Rudd, D.)

Jan. 17, 2017

Jan. 17, 2017

PACER

Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: 70 MOTION Judicial Conference Expedited Treatment Requested. (Rudd, D.)

Jan. 17, 2017

Jan. 17, 2017

PACER
72

RESPONSE to Motion regarding 70 MOTION Judicial Conference Expedited Treatment Requested filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Attachments: # 1 Exhibit Photo/Publicity Waiver (redacted)) (Lindquist, Aaron) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER

Remark - Response to motion 72 referred to Magistrate Judge Kimberly A. Swank. (Rudd, D.)

Jan. 18, 2017

Jan. 18, 2017

PACER
73

TEXT ORDER - Having considered Plaintiffs' request for a discovery conference in accordance with the Case Management Order previously entered in this case and in light of the issues raised in 70 Plaintiffs' Motion for Judicial Conference, the court directs Plaintiffs to file any appropriate motions. Plaintiffs' Motion for Judicial Conference 70 is terminated as moot. Signed by Magistrate Judge Kimberly A. Swank on 1/18/2017. (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
74

Notice of Appearance filed by David L. Ray on behalf of All Defendants. (Ray, David) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
75

Notice of Appearance filed by Alan E. Toll on behalf of All Defendants. (Toll, Alan) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
76

MOTION Striking Expert Report, Void Stipulation, Sanctions, filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

Clearinghouse
77

Memorandum in Support regarding 76 MOTION Striking Expert Report, Void Stipulation, Sanctions, filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
78

Declaration regarding 76 MOTION Striking Expert Report, Void Stipulation, Sanctions, by Patricia Brown, Erika Booth, Bonnie Peltier filed by Patricia Brown, Erika Booth, Bonnie Peltier. (Attachments: # 1 Exhibit A - Email exchange between counsel, # 2 Exhibit B - Excerpt from Duncan Hively 1-13-17 Report, # 3 Exhibit C - Email exchange between counsel, # 4 Exhibit D - Email exchange between counsel, # 5 Exhibit E - Email exchange between counsel) (Marquis Segal, Lenor) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
79

First MOTION for Extension of Time to File Response as to 76 MOTION Striking Expert Report, Void Stipulation, Sanctions, filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Attachments: # 1 Text of Proposed Order) (Toll, Alan) Modified on 2/8/2017 to clarify docket text. (Rudd, D.) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER

Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: 79 First MOTION for Extension of Time to File Response as to 76 MOTION Striking Expert Report, Void Stipulation, Sanctions. (Rudd, D.)

Feb. 8, 2017

Feb. 8, 2017

PACER
80

ORDER granting 79 Motion for Extension of Time to File Response regarding 76 MOTION Striking Expert Report, Void Stipulation, Sanctions: Responses due by 3/9/2017. Signed by Magistrate Judge Kimberly A. Swank on 2/8/2017. (Lee, L.) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
82

Letter to the court from Counsel for the parties requesting a telephone conference to address the Case Management Order. (Foell, S.)(forwarded to chambers) (Entered: 02/27/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Education

Key Dates

Filing Date: Feb. 29, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three female students at a public charter school in North Carolina required to wear skirts and not allowed to wear pants or shorts.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Charter Day School, Inc. (Leland, Brunswick), School District

The Roger Bacon Academy, Inc. (Leland, Brunswick), Private Entity/Person

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Order Duration: 2019 - None

Issues

General/Misc.:

Education

Juveniles

School/University policies

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female