Case: Zinski v. Liberty University, Inc.

COMPLAINT against Liberty University, Inc. (Filing & Administrative fee $405.00, receipt number AVAWDC-4477623), filed by Ellenor Zinski. (Attachment: # 1 Civil Cover Sheet)(ca)

1 Civil Cover Sheet

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Electronic Summons Issued as to Liberty University, Inc. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(ca)

SUMMONS Returned Executed by Ellenor Zinski. Liberty University, Inc. served on 8/13/2024, answer due 9/3/2024.(Falabella, Paul)

NOTICE of Appearance by Daniel Joseph Schmid on behalf of Liberty University, Inc. (Schmid, Daniel)

Notice of Appearance

Notice of Requirement - Corporate Disclosure Statement

E-Magistrate Consent Notice to Parties

Consent MOTION for Extension of Time to File Responsive Pleading by Liberty University, Inc.. (Schmid, Daniel)

Magistrate Consent Notice to Parties. Click here to access the Consent Form (mlp)

Notice of Filing Requirement to Liberty University, Inc. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (mlp)

Negative Corporate Disclosure Statement by Liberty University, Inc. (Schmid, Daniel)

ORAL ORDER: Upon consideration of the Defendant's Unopposed Motion for Extension of Time to Respond to Complaint, Dkt. 5, the Court hereby grants the motion. As requested, Defendant is afforded a 30-day extension of time as of the date of Defendant's motion, thereby making Defendants response to the Complaint due on October 3, 2024. Entered by Senior Judge Norman K. Moon on 8/30/2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)

Order on Motion for Extension of Time to File Document

NOTICE of Appearance by Samantha Claire Westrum on behalf of Ellenor Zinski (Westrum, Samantha)

Notice of Appearance

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION by Liberty University, Inc.. (Schmid, Daniel)

Brief / Memorandum in Support re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION . filed by Liberty University, Inc.. (Attachments: # 1 Exhibit A - Plaintiff Email to Liberty University Human Resources, # 2 Exhibit B - Liberty University Correspondence to Plaintiff, # 3 Exhibit C - EEOC Right to Sue)(Schmid, Daniel)

1 Exhibit A - Plaintiff Email to Liberty University Human Resources

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2 Exhibit B - Liberty University Correspondence to Plaintiff

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3 Exhibit C - EEOC Right to Sue

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MOTION for Mathew D. Staver to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4524510. by Liberty University, Inc.. (Schmid, Daniel)

MOTION for Horatio G. Mihet to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4524513. by Liberty University, Inc.. (Schmid, Daniel)

PRETRIAL ORDER (CASE REFERRED to Magistrate Judge C. Kailani Memmer as set forth herein). Signed by Senior Judge Norman K. Moon on October 8, 2024. (ca)

MOTION for Extension of Time to File Response/Reply as to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION Plaintiff's Unopposed Motion for Enlargement of Time and Page Limit by Ellenor Zinski. Motions referred to Judge C. Kailani Memmer. (Falabella, Paul)

ORAL ORDER granting 13 MOTION to Appear Pro Hac Vice. Attorney Mathew D. Staver for Liberty University, Inc. added. Entered by Magistrate Judge C. Kailani Memmer on October 11, 2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(laa)

Order on Motion to Appear Pro Hac Vice

ORAL ORDER granting 14 MOTION to Appear Pro Hac Vice. Attorney Horatio G. Mihet for Liberty University, Inc. added. Entered by Magistrate Judge C. Kailani Memmer on October 11, 2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(laa)

MINUTE ORDER granting 17 Motion for Extension of Time to File Response/Reply. Plaintiff's deadline to file a response to 11 Defendant's Motion to Dismiss is extended to 10/31/2024. Plaintiff's response shall not exceed 40 pages in length. Defendant may file a reply by 11/7/2024. Entered by Magistrate Judge C. Kailani Memmer on 10/15/2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)

Order on Motion for Extension of Time to File Response/Reply

RESPONSE in Opposition re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION . filed by Ellenor Zinski. (Rolla, Wyatt)

Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION by Liberty University, Inc.. Motions referred to Judge C. Kailani Memmer. (Schmid, Daniel)

MINUTE ORDER granting 22 Motion for Extension of Time to File Response/Reply as to 11 Defendant's Motion to Dismiss. Defendant's reply is due by 11/14/2024. Entered by Magistrate Judge C. Kailani Memmer on 11/05/2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)

Order on Motion for Extension of Time to File Response/Reply

REPORT of Rule 26(f) Planning Meeting (Falabella, Paul)

MOTION to Stay Discovery Pending Adjudication of Liberty University's Motion to Dismiss (dkt. 11) by Liberty University, Inc.. Motions referred to Judge C. Kailani Memmer. (Schmid, Daniel)

Brief / Memorandum in Support re 25 MOTION to Stay Discovery Pending Adjudication of Liberty University's Motion to Dismiss (dkt. 11) . filed by Liberty University, Inc.. (Schmid, Daniel)

REPLY to Response to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION . filed by Liberty University, Inc.. (Schmid, Daniel)

RESPONSE in Opposition re 25 MOTION to Stay Discovery Pending Adjudication of Liberty University's Motion to Dismiss (dkt. 11) . filed by Ellenor Zinski. (Galina, Samantha)

NOTICE by Liberty University, Inc. that Motion to Dismiss (dkt. 11) is Ripe for Adjudication (Schmid, Daniel)

REPLY to Response to Motion re 25 MOTION to Stay Discovery Pending Adjudication of Liberty University's Motion to Dismiss (dkt. 11) . filed by Liberty University, Inc.. (Schmid, Daniel)

NOTICE by Liberty University, Inc. that Motion to Stay (dkt. 25) is Ripe for Adjudication (Schmid, Daniel)

ORDER denying 25 Motion to Stay Discovery Pending Adjudication of Liberty University's Motion to Dismiss (dkt. 11). Signed by Magistrate Judge C. Kailani Memmer on January 3, 2025. (ca)

Objections by Defendant Liberty University, Inc. re 32 Order on Motion to Stay (Schmid, Daniel)

NOTICE of Appearance by Eden Brooke Heilman on behalf of Ellenor Zinski (Heilman, Eden)

Notice of Appearance

MOTION to Withdraw as Attorney Samantha Westrum by Ellenor Zinski. Motions referred to Judge C. Kailani Memmer. (Attachments: # 1 Text of Proposed Order)(Heilman, Eden)

1 Text of Proposed Order

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ORDER granting 35 Motion to Withdraw as Attorney Samantha Westrum. Attorney Samantha Claire Westrum terminated. Signed by Magistrate Judge C. Kailani Memmer on 1/31/2025. (al)

MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on February 21, 2025. (ca)

ORDER denying 11 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Norman K. Moon on February 21, 2025. (ca)

NOTICE of Hearing: Status Conference set for 3/17/2025 at 12:00 PM by telephone before Magistrate Judge C. Kailani Memmer. (al)

Notice of Hearing

NOTICE OF APPEAL as to 37 Memorandum Opinion, 38 Order on Motion to Dismiss for Failure to State a Claim by Liberty University, Inc.. Filing fee $ 605, receipt number AVAWDC-4623456. (Schmid, Daniel)

MOTION to Certify Interlocutory Appeal under 28 U.S.C. 1292(b) and Request for Expedited Consideration by Liberty University, Inc. (Schmid, Daniel) Modified on 3/4/2025 - Docket text was modified to remove referral text. (ca)

Brief / Memorandum in Support re 41 MOTION to Certify Interlocutory Appeal under 28 U.S.C. 1292(b) and Request for Expedited Consideration . filed by Liberty University, Inc.. (Schmid, Daniel)

Transmittal of Notice of Appeal to 4CCA re 40 Notice of Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (jv)

MOTION to Compel Plaintiff's Motion to Compel Discovery by Ellenor Zinski. Motions referred to Judge C. Kailani Memmer. (Falabella, Paul)

Brief / Memorandum in Support re 44 MOTION to Compel Plaintiff's Motion to Compel Discovery . filed by Ellenor Zinski. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3)(Falabella, Paul)

USCA Notice of Appellate Case Opening re 40 Notice of Appeal filed by Liberty University, Inc.. USCA Case Number 25-1228. Case Manager: Kirsten Hancock. (al)

Minute Entry for proceedings held before Magistrate Judge C. Kailani Memmer: Status Conference held on 3/17/2025. (al)

Status Conference

Order

MINUTE ORDER: During the status conference held on 3/17/2025, the defendant, by counsel, represented its intention to file a second motion to stay discovery. To the extent that the defendant intends to so, the motion to stay shall be filed no later than 3/26/2025. Plaintiffs deadline to file a response is 4/2/2025. Defendants deadline to file a reply is 4/9/2025. If the defendant does not intend to file a reply, it shall file a notice on the docket indicating that the matter is ripe for adjudication. Additionally, the defendants deadline to respond to the plaintiffs 44 Motion to Compel is extended to 3/26/2025. IT IS SO ORDERED. Entered by Magistrate Judge C. Kailani Memmer on 3/17/2025. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (al)

Brief / Memorandum in Opposition re 41 MOTION to Certify Interlocutory Appeal under 28 U.S.C. 1292(b) and Request for Expedited Consideration . filed by Ellenor Zinski. (Galina, Samantha)

REPLY to Response to Motion re 41 MOTION to Certify Interlocutory Appeal under 28 U.S.C. 1292(b) and Request for Expedited Consideration . filed by Liberty University, Inc.. (Schmid, Daniel)

NOTICE by Liberty University, Inc. re 41 Is Ripe for Adjudication without Hearing (Schmid, Daniel)

MOTION to Stay Discovery Pending Resolution of Interlocutory Appeal by Liberty University, Inc.. Motions referred to Judge C. Kailani Memmer. (Schmid, Daniel)

Brief / Memorandum in Support re 52 MOTION to Stay Discovery Pending Resolution of Interlocutory Appeal . filed by Liberty University, Inc.. (Schmid, Daniel)

RESPONSE in Opposition re 44 MOTION to Compel Plaintiff's Motion to Compel Discovery and Request for Costs and Fees Under Fed. R. Civ. P.37(a)(5)(B). filed by Liberty University, Inc.. (Schmid, Daniel)

Reply re 44 MOTION to Compel Plaintiff's Motion to Compel Discovery Reply in Support of Plaintiff's Motion to Compel Discovery. filed by Ellenor Zinski. (Falabella, Paul)

Brief / Memorandum in Opposition re 52 MOTION to Stay Discovery Pending Resolution of Interlocutory Appeal . filed by Ellenor Zinski. (Heilman, Eden)

MEMORANDUM OPINION re 41 Motion to Certify Interlocutory Appeal under 28 U.S.C. 1292(b). Signed by Senior Judge Norman K. Moon on April 3, 2025. (ca) Modified on 4/3/2025 - Docket text was modified to relate this entry to the respective motion. (ca)

ORDER granting 41 Motion to Certify Interlocutory Appeal under 28 U.S.C. 1292(b) and Request for Expedited Consideration filed by Liberty University, Inc. The Court will CERTIFY its prior order, Dkt. 38, for interlocutory appeal to the Fourth Circuit by issuing an amended order and opinion. Signed by Senior Judge Norman K. Moon on April 3, 2025. (ca)

AMENDED MEMORANDUM OPINION, re 37 Memorandum Opinion. Signed by Senior Judge Norman K. Moon on April 3, 2025. (ca)

AMENDED ORDER, re 38 Order denying 11 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Norman K. Moon on April 3, 2025. (ca)

Reply re 52 MOTION to Stay Discovery Pending Resolution of Interlocutory Appeal . filed by Liberty University, Inc.. (Schmid, Daniel)

NOTICE by Liberty University, Inc. that Motion to Stay (ECF No. 52) Is Ripe for Adjudication Without Hearing (Schmid, Daniel)

USCA Application for Permission to Appeal Under 28 U.S.C. §1292(b), No. 25-1228, re 40 Notice of Appeal filed by Liberty University, Inc. (al)

COURT ORDER of USCA granting Motion for permission to appeal as to 40 Notice of Appeal filed by Liberty University, Inc. (al)

USCA Notice of Appellate Case Opening re 40 Notice of Appeal filed by Liberty University, Inc. USCA Case Number 25-1581. Case Manager: Kirsten Hancock. (al)

ORDER of USCA transferring case from miscellaneous docket 25-142 as to 40 Notice of Appeal filed by Liberty University, Inc. (al)

ORDER of USCA consolidating case 25-1581 with 25-1228 as to 40 Notice of Appeal filed by Liberty University, Inc. (al)

ORDER denying without prejudice 44 Motion to Compel Plaintiff's Motion to Compel Discovery; granting 52 Motion to Stay Discovery Pending Resolution of Interlocutory Appeal. Signed by Magistrate Judge C. Kailani Memmer on 6/13/2025. (al)

Filing Fee Received

USCA Appeal Fees Received by Defendant Liberty University, Inc., re USCA Case No. 25-1581 -- $605.00, receipt number 600003080. (ca)