Case: Bumgardner v. City of Gastonia

3:25-cv-00302 | U.S. District Court for the Western District of North Carolina

Filed Date: May 5, 2025

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case]. On May 5, 2025, an individual employee of the City of Gastonia, North Carolina with diabetes, filed this class action suit against the City in the Western District of North Carolina. Plaintiff alleged that Defendant discriminated against him when it required him to pay for out-of-pocket testing for his diabetes. Plaintiff further alleged that Defendant discriminated 
against similarly situated employees for similar practices and for seeking medical information which was not a business necessity or related to the essential functions of their work. Plaintiff alleged that such practices amounted to a violation of the Americans with Disabilities Act of 1990 as amended, 42. U.S.C. § 12101 et seq., ("ADA"), and Title II of the Genetic Information Non Discrimination Act of 2008, 42 U.S.C. 2000ff et seq.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70139878/parties/bumgardner-v-city-of-gastonia/


Attorney for Plaintiff

Hilker, Elizabeth B. (North Carolina)

Lyon, Daniel Christopher (North Carolina)

Attorney for Defendant

Flanagan, Patrick Houghton (North Carolina)

McDaniel, Kayla Nicole (North Carolina)

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Documents in the Clearinghouse

Document
1

3:25-cv-00302

Complaint

May 5, 2025

May 5, 2025

11

3:25-cv-00302

Protective Order

Sept. 25, 2025

Sept. 25, 2025

12

3:25-cv-00302

Attachment

Sept. 25, 2025

Sept. 25, 2025

13

3:25-cv-00302

Protective Order

Oct. 8, 2025

Oct. 8, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70139878/bumgardner-v-city-of-gastonia/

Last updated Feb. 23, 2026, 10:56 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number BNCWDC-6960823), filed by Brad Bumgardner. (Attachments: # 1 Exhibit Medical Questionnaire)(Hilker, Elizabeth) Modified to add Receipt number on 5/6/2025 (cjs). (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

Clearinghouse
2

Summons Issued Electronically as to City of Gastonia. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (cjs) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

3

Summons Issued Electronically as to City of Gastonia. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (cjs) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

Standing Order Regarding Use of Artificial Intelligence

May 6, 2025

May 6, 2025

Case Assigned/Reassigned

May 6, 2025

May 6, 2025

Case assigned to District Judge Max O. Cogburn, Jr and US Magistrate Judge Susan C. Rodriguez. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(cjs)

May 6, 2025

May 6, 2025

Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (cjs)

May 6, 2025

May 6, 2025

4

REQUEST FOR WAIVER of Service sent to City of Gastonia on 05/12/2025 by Brad Bumgardner. (Hilker, Elizabeth) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

5

WAIVER OF SERVICE Returned Executed by Brad Bumgardner. City of Gastonia waiver sent on 5/8/2025, answer due 7/7/2025. (Hilker, Elizabeth) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

6

NOTICE of Appearance by Patrick Houghton Flanagan on behalf of City of Gastonia (Flanagan, Patrick) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

7

NOTICE of Appearance by Kayla Nicole McDaniel on behalf of City of Gastonia (McDaniel, Kayla) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

8

ANSWER to 1 Complaint, with Jury Demand by City of Gastonia.(McDaniel, Kayla) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

RECAP

Notice to Conduct Initial Attorneys Conference

July 8, 2025

July 8, 2025

NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference, and if applicable, the Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 7/29/2025. (ams)

July 8, 2025

July 8, 2025

9

Joint CERTIFICATION of initial attorney conference and discovery plan (McDaniel, Kayla) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

10

Pretrial Order and Case Management Plan: Estimated Trial Time: (5) Five to (7) Seven Days. Discovery due by 4/20/2026. Motions due by 5/20/2026. Mediator Designation deadline set for 4/20/2026. Mediation deadline set for 4/20/2026. Signed by US Magistrate Judge Susan C. Rodriguez on 8/3/2025. (llp) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

RECAP
11

Consent MOTION for Protective Order by City of Gastonia. Responses due by 10/9/2025 (McDaniel, Kayla). Motions referred to Susan C. Rodriguez. (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

Clearinghouse
12

Attachment by City of Gastonia. Attachment to 11 Motion for Protective Order "Consent Protective Order" (McDaniel, Kayla) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

Clearinghouse
13

CONSENT PROTECTIVE ORDER. Signed by US Magistrate Judge Susan C. Rodriguez on 10/7/2025. (brl) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

Clearinghouse

Case Assigned/Reassigned

Jan. 16, 2026

Jan. 16, 2026

Case reassigned to District Judge Susan C Rodriguez and Unassigned Magistrate Judge. District Judge Max O. Cogburn, Jr, Magistrate Judge Susan Rodriguez no longer assigned to the case. This is your only notice - you will not receive a separate document.(ams)

Jan. 16, 2026

Jan. 16, 2026

Case Details

State / Territory:

North Carolina

Key Dates

Filing Date: May 5, 2025

Case Details

Other Dockets:

Western District of North Carolina 3:25-cv-00302