Case: Bradley v. Gannett Co. Inc.

First Class Action Complaint and Demand for Jury Trial

Complaint ( Filing fee $ 402, receipt number AVAEDC-9084451.), filed by Steven Bradley, Barbara Augsdorfer, Noah Hiles, Stephen Crane, Logan Barry. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(DiMuro, Bernard) (Entered: 08/18/2023)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Proposed Summons by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 08/18/2023)

Financial Interest Disclosure Statement (Local Rule 7.1) by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 08/18/2023)

Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge William E. Fitzpatrick. (swil)

Summons Issued as to Gannett Co. Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Summons Notice)(swil) (Entered: 08/22/2023)

Motion to appear Pro Hac Vice by Adam Thomas Sanderson and Certification of Local Counsel Bernard J. DiMuro Filing fee $ 75, receipt number AVAEDC-9213908. by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/10/2023)

Motion to appear Pro Hac Vice by James Nelson Thomas and Certification of Local Counsel Bernard J. DiMuro Filing fee $ 75, receipt number AVAEDC-9213910. by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/10/2023)

SUMMONS Returned Executed by Steven Bradley, Barbara Augsdorfer, Noah Hiles, Stephen Crane, Logan Barry Gannett Co. Inc. served on 11/3/2023, answer due 11/24/2023 (DiMuro, Bernard) (Entered: 11/10/2023)

MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(DiMuro, Bernard) (Entered: 11/10/2023)

Memorandum in Support re 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/10/2023)

Notice of Hearing Date set for December 8, 2023 @ 10:00 a.m. re 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases (DiMuro, Bernard) (Entered: 11/13/2023)

Notice of Correction re 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases. The filing user has been notified to file a Notice of Hearing or a Notice of Waiver of Oral Argument. (swil)

ORDER granting 5 Motion for Pro hac vice Appointed Adam Thomas Sanderson for Barbara Augsdorfer,Adam Thomas Sanderson for Logan Barry,Adam Thomas Sanderson for Steven Bradley,Adam Thomas Sanderson for Stephen Crane,Adam Thomas Sanderson for Noah Hiles. Signed by District Judge Rossie D. Alston, Jr on 11/14/2023. (swil) (Entered: 11/16/2023)

ORDER granting 6 Motion for Pro hac vice Appointed James Nelson Thomas for Barbara Augsdorfer,James Nelson Thomas for Logan Barry,James Nelson Thomas for Steven Bradley,James Nelson Thomas for Stephen Crane,James Nelson Thomas for Noah Hiles. Signed by District Judge Rossie D. Alston, Jr on 11/14/2023. (swil) (Entered: 11/16/2023)

Set Deadline (per RDA Chambers) as to 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases. Motion Hearing set for 12/8/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (wgar, )

AFFIDAVIT of Service for Docs Nos 8 & 9: Motion and Memo to Stay Issuance of Rule 16 Order and Bifurcate Matter into Three Phases served on Defendant, Gannett Co., Inc., c/o Registered Agent, Corporation Service Company on November 13, 2023, filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/21/2023)

Financial Interest Disclosure Statement (Local Rule 7.1) by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

Motion to appear Pro Hac Vice by Mark W. Batten and Certification of Local Counsel Laurin H. Mills Filing fee $ 75, receipt number AVAEDC-9234358. by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

Motion to appear Pro Hac Vice by Robert C. Weissflach and Certification of Local Counsel Laurin H. Mills Filing fee $ 75, receipt number AVAEDC-9234359. by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations by Gannett Co. Inc.. (Attachments: # 1 Exhibit Attachment A - Declaration of Rana L. Cash, # 2 Exhibit Attachment B - Declaration of Michelle Ferguson, # 3 Exhibit A - Complaint, # 4 Exhibit B - 2020 Inclusion Report, # 5 Exhibit C - M. Killian Article (Observer-Dispatch), # 6 Exhibit D - S. Crane 2020 Performance & Development Review, # 7 Exhibit E - S. Crane Article (The Herald-Times), # 8 Exhibit F - B. Augsdorfer Performance Improvement Plan, # 9 Proposed Order)(Mills, Laurin) (Entered: 11/24/2023)

1 Exhibit Attachment A - Declaration of Rana L. Cash

View on RECAP

2 Exhibit Attachment B - Declaration of Michelle Ferguson

View on RECAP

3 Exhibit A - Complaint

View on RECAP

4 Exhibit B - 2020 Inclusion Report

View on RECAP

5 Exhibit C - M. Killian Article (Observer-Dispatch)

View on RECAP

6 Exhibit D - S. Crane 2020 Performance & Development Review

View on RECAP

7 Exhibit E - S. Crane Article (The Herald-Times)

View on RECAP

8 Exhibit F - B. Augsdorfer Performance Improvement Plan

View on RECAP

9 Proposed Order

View on RECAP

Memorandum in Support re 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

Notice of Hearing Date December 22, 2023 at 10am re 18 Memorandum in Support, 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations (Mills, Laurin) (Entered: 11/24/2023)

RESPONSE in Opposition re 8 MOTION to Stay Issuance of the Rule 16 Order and Bifurcate this Matter into Three Phases filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 11/24/2023)

Notice of Correction: The filing user has been notified to refile the notice of hearing for a Wednesday in re 19 Notice of Hearing Date. (jlan)

AFFIDAVIT of Service for Notice of Hearing (Doc No 10) served on Gannett Co., Inc. c/o Reg. Agent, Corporation Service Company on November 14, 2023, filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 11/27/2023)

ORDERED that Plaintiff's Motion (Dkt.8) is DENIED (see Order for further details). Signed by Magistrate Judge William E. Fitzpatrick on 11/27/2023. (swil) (Entered: 11/28/2023)

Notice of Hearing Date set for Wednesday, January 10, 2024 at 10 am re 18 Memorandum in Support, 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations (Mills, Laurin) (Entered: 12/06/2023)

Joint MOTION to Amend/Correct 18 Memorandum in Support, 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations Joint Motion to Alter Briefing Schedule for Motion to Dismiss or For Answer to Amended Complaint by Gannett Co. Inc.. (Attachments: # 1 Proposed Order)(Mills, Laurin) (Entered: 12/06/2023)

ORDER granting 24 Joint Motion to Alter the Briefing Schedule; Plaintiffs shall have until December 15, 2023 to respond to Gannett's Motion Dismiss and Gannett shall have until December 22, 2023 to file its Reply Brief. In the event that Plaintiffs file an amended complaint on or before December 15, 2023, Gannett shall have until January 8, 2023 to answer or otherwise respond to the amended complaint. Signed by Magistrate Judge William E. Fitzpatrick on 12/06/2023. (jlan) (Entered: 12/06/2023)

Set Deadline as to 17 MOTION to Dismiss Complaint and to Dismiss/Strike Class Allegations. Motion Hearing set for 1/10/2024 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (wgar, )

ORDER granting 15 Motion for Pro hac vice Appointed Mark Winslow Batten for Gannett Co. Inc. Signed by District Judge Rossie D. Alston, Jr on 12/11/2023. (swil) (Entered: 12/12/2023)

ORDER granting 16 Motion for Pro hac vice Appointed Robert Carl Weissflach for Gannett Co. Inc. Signed by District Judge Rossie D. Alston, Jr on 12/11/2023. (swil) (Entered: 12/12/2023)

AMENDED COMPLAINT against Gannett Co. Inc., filed by Steven Bradley, Barbara Augsdorfer, Noah Hiles, Stephen Crane, Logan Barry.(DiMuro, Bernard) (Entered: 12/15/2023)

ORDERED that Defendant's Motion to Dismiss (Dkt. 17) is DENIED as MOOT. Signed by District Judge Rossie D. Alston, Jr on 12/21/2023. (swil) (Entered: 12/21/2023)

MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations by Gannett Co. Inc.. (Attachments: # 1 Proposed Order)(Mills, Laurin) (Entered: 01/08/2024)

Memorandum in Support re 30 MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 01/08/2024)

Notice of Hearing Date re 31 Memorandum in Support, 30 MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations (Mills, Laurin) (Entered: 01/08/2024)

MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations by Gannett Co. Inc.. (Attachments: # 1 Exhibit Attachment A - Declaration of Rana L. Cash, # 2 Exhibit Attachment B - Declaration of Michelle Ferguson, # 3 Exhibit A - First Amended Complaint, # 4 Exhibit B - Gannett 2020 Inclusion Report, # 5 Exhibit C - Observer-Dispatch Article, # 6 Exhibit D - Crane 2020 Performance & Development Review, # 7 Exhibit E - The Hearld Times (Crane Article), # 8 Exhibit F - Augsdorfer Performance Improvement Plan, # 9 Proposed Order)(Mills, Laurin) (Entered: 01/08/2024)

Memorandum in Support re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations Memorandum In Support of Corrected Motion to Dismiss filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 01/08/2024)

Notice of Hearing Date Notice of Hearing to Corrected Motion to Dismiss for Wednesday, February 14, 2024 at 10am re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations, 34 Memorandum in Support, (Mills, Laurin) (Entered: 01/08/2024)

Set Deadlines as to 30 MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations, 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations. Motion Hearing set for 2/14/2024 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (wgar, )

Memorandum in Opposition re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Affidavit Sanderson Affirmation)(DiMuro, Bernard) (Entered: 01/22/2024)

Memorandum in Support re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations Defendant Gannett Co, Inc.'s Reply Memorandum of Law In Further Support of its Motion to Dimiss First Amended Complaint and to Dismiss/Strike Class Allegations filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 01/29/2024)

*** Motion Hearing deadline terminated - Per RDA's chambers, motions set for 2/14/2024 will be decided on the papers; no oral argument will be heard (tarm, )

MOTION to Certify Class by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Proposed Order)(DiMuro, Bernard) (Entered: 02/08/2024)

Memorandum in Support re 38 MOTION to Certify Class filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Affidavit Declaration of Sanderson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(DiMuro, Bernard) (Entered: 02/08/2024)

MOTION for Preliminary Injunction by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Proposed Order)(DiMuro, Bernard) (Entered: 02/08/2024)

Memorandum in Support re 40 MOTION for Preliminary Injunction filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Attachments: # 1 Affidavit Declaration of Sanderson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(DiMuro, Bernard) (Entered: 02/08/2024)

Notice of Hearing Date set for March 13, 2024 @ 10:00 a.m. re 38 MOTION to Certify Class (DiMuro, Bernard) (Entered: 02/08/2024)

Notice of Hearing Date set for March 13, 2024 @ 10:00 a.m. re 40 MOTION for Preliminary Injunction (DiMuro, Bernard) (Entered: 02/08/2024)

MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Certification and for a Preliminary Injunction by Gannett Co. Inc.. (Attachments: # 1 Proposed Order)(Mills, Laurin) (Entered: 02/09/2024)

Memorandum in Support re 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Gannett's Memorandum In Support of Its Motion to Stay Briefing on Plaintiffs' Motions for Class Certification and for a Preliminary Injunction filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 02/09/2024)

Waiver of re 45 Memorandum in Support, 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Notice of Waiver of Oral Argument by Gannett Co. Inc. (Mills, Laurin) (Entered: 02/09/2024)

Set Deadline as to 40 MOTION for Preliminary Injunction, 38 MOTION to Certify Class. Motion Hearing set for 3/13/2024 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (wgar, )

RESPONSE in Opposition re 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class filed by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (DiMuro, Bernard) (Entered: 02/13/2024)

REPLY to Response to Motion re 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Gannett's Reply to Plaintiffs' Opposition to Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Certification and for a Preliminary Injunction filed by Gannett Co. Inc.. (Mills, Laurin) (Entered: 02/14/2024)

ORDER granting 44 MOTION to Stay re 38 MOTION to Certify Class, 39 Memorandum in Support, 40 MOTION for Preliminary Injunction, 41 Memorandum in Support, Gannett's Motion to Stay Briefing on Plaintiffs' Motions for Class Certification and for a Preliminary Injunction (see Order for details). Signed by Magistrate Judge William E. Fitzpatrick on 2/20/2024. (swil) (Entered: 02/21/2024)

***Motion Hearing set for March 13, 2024 @ 10:00 a.m. -CANCELED, per Dkt. 49 . (tran)

NOTICE by Gannett Co. Inc. re 33 MOTION to Dismiss for Failure to State a Claim Corrected - Defendant's Motion to Dismiss First Amended Complaint and to Dismiss/Strike Class Allegations, 34 Memorandum in Support, 35 Notice of Hearing Date, Gannett's Notice of Supplemental Authority In Support of Its Motion to Dismiss Amended Complaint and to Dismiss/Strike Class Allegations (Attachments: # 1 Exhibit A - Duvall v. Novant Health, Inc.)(Mills, Laurin) (Entered: 03/20/2024)

1 Exhibit A - Duvall v. Novant Health, Inc.

View on PACER

NOTICE of Appearance by Philip John Harvey on behalf of Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles (Harvey, Philip) (Entered: 04/05/2024)

NOTICE of Appearance by Paris Ratliff Sorrell on behalf of Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles (Sorrell, Paris) (Entered: 04/08/2024)

SUGGESTION OF DEATH Upon the Record of Bernard DiMuro by Barbara Augsdorfer, Logan Barry, Steven Bradley, Stephen Crane, Noah Hiles. (Harvey, Philip) (Entered: 04/10/2024)

ORDERED that Plaintiff's request is GRANTED, and Mr. DiMuro's appearance shall be WITHDRAWN. Signed by Magistrate Judge William E. Fitzpatrick on 4/12/2024. (swil) (Entered: 04/15/2024)

MEMORANDUM OPINION and ORDER that Defendant's Corrected Motion to Dismiss (Dkt. 33) is GRANTED IN PART and DENIED IN PART. The motion is denied insofar as it seeks dismissal with prejudice, but the motion is granted in all other respects; and it is FURTHER ORDERED that Defendants original Motion to Dismiss (Dkt. 30) is DENIED AS MOOT; and it is FURTHER ORDERED that the Amended Complaint (Dkt. 28) is DISMISSED WITHOUT PREJUDICE; and it is FURTHER ORDERED that the class allegations are STRICK EN from the Amended Complaint (Dkt. 28); and it is FURTHER ORDERED that the Motion to Certify Class (Dkt. 38) is DENIED AS MOOT based upon the granting of the Motion to Dismiss; and it is FURTHER ORDERED that the Motion for a Preliminary Injunction ( Dkt. 40) is DENIED as MOOT based upon the granting of the Motion to Dismiss; and it is FURTHER ORDERED that Plaintiffs are DIRECTED to file any second amended complaint within THIRTY (30) DAYS (see Order for further details). Signed by District Judge Rossie D. Alston, Jr on 8/20/2024. (swil)

MEMORANDUM OPINION and ORDER that the Motion to Dismiss (Dkt. 59) is GRANTED IN-PART and DENIED-IN-PART. The motion is granted in all respects except with respect to the claims of Plaintiff Barry; and it is FURTHER ORDERED that claims of Plaintiffs B radley, Crane, Hiles, and Augsdorfer are DISMISSED; and it is FURTHER ORDERED that the class allegations are STRUCK from the Second Amended Complaint; and it is FURTHER ORDERED that this case will proceed only with respect to the allegations of Plaintiff Barry and a scheduling order will issue promptly (see Order for further details). Signed by District Judge Rossie D. Alston, Jr on 9/3/2025. (swil)