Case: Edwards v. Hooks

Edwards v. Witherspoon

U.S. Court of Appeals for the Fourth Circuit

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0417-6214993.), filed by Tracey Edwards. (Attachments: # 1 Exhibit 1 - Policy and Procedure - Transporting Offenders, # 2 Exhibit 2 - Standard Operating Procedures - Offender Restraints, # 3 Exhibit 3 - Standard Operating Procedures - Use of Force and Restraints, # 4 Civil Cover Sheet Civil Cover Sheet, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons, # 10 Proposed Summons, # 11 Proposed Summons) (Wilson, Erika) Modified on 9/2/2021 to correct exhibits names. (Indig, A.) (Entered: 09/02/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Civil Cover Sheet Civil Cover Sheet

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5 Proposed Summons

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6 Proposed Summons

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7 Proposed Summons

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8 Proposed Summons

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9 Proposed Summons

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10 Proposed Summons

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11 Proposed Summons

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Financial Disclosure Statement by Tracey Edwards (Wilson, Erika) (Entered: 09/02/2021)

Notice of Appearance filed by Erika K. Wilson on behalf of Tracey Edwards. (Wilson, Erika) (Entered: 09/02/2021)

ORDER - At the direction of the Court and for the continued efficient administration of justice, the above captioned case is reassigned to the below noted case number. All future filings should reflect the revised case number of: 5:21-CT-3270-D. Signed by Peter A. Moore, Jr., Clerk of Court on 9/2/2021. (Indig, A.) (Entered: 09/02/2021)

Notice to Counsel regarding: 1 Complaint. Counsel did not properly identify exhibits pursuant to Section L of the CM/ECF Policies and Procedures Manual. Deputy modified the docket text to properly identify the exhibits. No action by counsel required. (Indig, A.)

Case Submitted to District Judge James C. Dever III for initial review. (Indig, A.)

Summons Issued as to James Alexander, Elton Amos, Claudette Edwards, Erik Hooks, Gary Junker, Stephen Wilson and Benita J. Witherspoon. (Indig, A.) (Entered: 09/03/2021)

Notice of Special Appearance for non-district by Lauren A Kuhlik on behalf of Tracey Edwards. (Kuhlik, Lauren) (Entered: 09/29/2021)

Affidavit of Service for Complaint and Summons filed by Tracey Edwards served on Claudette Edwards on 9/13/2021. (Wilson, Erika) (Entered: 10/05/2021)

Affidavit of Service for Complaint and Summons filed by Tracey Edwards served on Elton Amos on 9/13/2021. (Wilson, Erika) (Entered: 10/05/2021)

Affidavit of Service for Complaint and Summons filed by Tracey Edwards served on James Alexander on 9/13/2021. (Wilson, Erika) (Entered: 10/05/2021)

MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by James Alexander, Elton Amos, Claudette Edwards. (Attachments: # 1 Text of Proposed Order) (Bass, Adrina) (Entered: 10/05/2021)

Notice of Special Appearance for non-district by April N. Ross on behalf of Tracey Edwards. (Ross, April) (Entered: 10/06/2021)

RESPONSE to Motion regarding 10 MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Tracey Edwards. (Kuhlik, Lauren) (Entered: 10/06/2021)

Motion Submitted to District Judge James C. Dever III regarding 10 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Indig, A.)

ORDER granting in part 10 Motion for Extension of Time to Answer regarding 1 Complaint. Defendants Edwards, Alexander, and Amos shall have until December 6, 2021 to answer or otherwise respond to the complaint. There will be no further extensions of this deadline absent compelling circumstances. Signed by District Judge James C. Dever III on 10/11/2021. (Castania, M) (Entered: 10/12/2021)

MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Gary Junker. (Attachments: # 1 Text of Proposed Order) (Bass, Adrina) (Entered: 10/12/2021)

ORDER denying 14 Motion for Extension of Time to Answer. The court DENIES the motion [D.E. 14] without prejudice. If defendant wishes to seek an extension of time, defendant SHALL consult with opposing counsel and file a motion that includes opposing counsel's views on the request for an extension of time to answer or otherwise respond to the complaint. Signed by District Judge James C. Dever III on 10/12/2021. (Lopez, R.) (Entered: 10/12/2021)

Affidavit of Service for Complaint and Summons filed by Tracey Edwards served on Sharon WIlson on 9/13/2021. (Wilson, Erika) (Entered: 10/13/2021)

Affidavit of Service for Complaint and Summons filed by Tracey Edwards served on Gary Junker on 9/17/2021. (Wilson, Erika) (Entered: 10/13/2021)

MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Gary Junker. (Attachments: # 1 Text of Proposed Order) (Bass, Adrina) (Entered: 10/14/2021)

ORDER - GRANTING 18 Motion for Extension of Time to Answer. Gary Junker answer due 12/6/2021. Signed by District Judge James C. Dever III on 10/14/2021. (Indig, A.) (Entered: 10/14/2021)

Motion Submitted to District Judge James C. Dever III regarding 18 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Indig, A.)

MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Benita J. Witherspoon. (Attachments: # 1 Text of Proposed Order) (Bass, Adrina) (Entered: 10/27/2021)

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 20 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Indig, A.)

TEXT ORDER granting Defendant Benita J. Witherspoon's Motion for Extension of Time 20. For good cause shown with the consent of Plaintiff, it is ordered that this defendant has up to and including December 6, 2021, within which to answer or otherwise respond to the Complaint 1. Signed by Peter A. Moore, Jr., Clerk of Court on 10/28/2021. (Hockaday, A.)

TEXT ORDER granting Defendant Benita J. Witherspoon's Motion for Extension of Time 20 . For good cause shown with the consent of Plaintiff, it is ordered that this defendant has up to and including December 6, 2021, within which to answer or otherwise respond to the Complaint 1 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/28/2021. (Hockaday, A.)

Affidavit of Service for Civil Complaint (dkt. 1), Civil Cover Sheet (dkt. 1-4), and Issued Summons (dkt. 5) - by Certified Mail filed by Tracey Edwards served on Benita Witherspoon on 10/07/2021. (Kuhlik, Lauren) (Entered: 12/03/2021)

Notice of Appearance filed by Bettina J. Roberts on behalf of James Alexander, Elton Amos, Claudette Edwards, Erik Hooks, Gary Junker, Benita J. Witherspoon. (Roberts, Bettina) (Entered: 12/06/2021)

ANSWER to 1 Complaint,, with Jury Demand by James Alexander, Elton Amos, Claudette Edwards, Erik Hooks, Gary Junker, Benita J. Witherspoon. (Bass, Adrina) (Entered: 12/06/2021)

ORDER FOR DISCOVERY PLAN sent to all parties. The Rule 26(f) meeting must occur by January 6, 2022. The discovery plan must be submitted to the Court within fourteen (14) days after the 26(f) meeting. Signed by Peter A. Moore, Jr., Clerk of Court on 12/7/2021. (Indig, A.) (Entered: 12/07/2021)

Notice of Voluntary Dismissal filed by Tracey Edwards as to Stephen Wilson. (Kuhlik, Lauren) (Entered: 12/15/2021)

AMENDED COMPLAINT against James Alexander, Elton Amos, John Doe 1-25, Claudette Edwards, Gary Junker, Benita J. Witherspoon, Eddie Buffaloe Jr., filed by Tracey Edwards. (Attachments: # 1 Exhibit 1 - Policy and Procedure Transporting Offenders, # 2 Exhibit 2 - Standard Operating Procedures Offender Restraints, # 3 Exhibit 3 - Standard Operating Procedures Use of Force and Restraints) (Kuhlik, Lauren) Modified on 12/15/2021 to correct exhibit names. (Indig, A.) (Entered: 12/15/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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NOTICE OF CORRECTION regarding: 26 Amended Complaint. Counsel did not properly identify exhibits pursuant to Section L of the CM/ECF Policies and Procedures Manual. Deputy modified the docket text to properly identify the exhibits. In the future, counsel should identify exhibits pursuant to Section L of the CM/ECF Policies and Procedures Manual. No action by counsel required. (Indig, A.)

Rule 26(f) Report (joint) filed by Tracey Edwards. (Kuhlik, Lauren) (Entered: 01/06/2022)

Remark - Joint Rule 26(f) Report submitted to Magistrate Judge Robert B. Jones, Jr. (Indig, A.)

SCHEDULING ORDER: Motions requesting leave to join additional parties or to amend the pleadings shall be filed by Plaintiff no later than Friday, April 1, 2022 and from Defendants no later than Friday, April 22, 2022. Discovery due by 7/15/2022. Motions due by 8/15/2022. Signed by Magistrate Judge Robert B. Jones, Jr. on 1/10/2022. Counsel is reminded to read the entire order for critical dates and deadlines. (Indig, A.) (Entered: 01/10/2022)

Notice filed by James Alexander, Elton Amos, Claudette Edwards, Erik Hooks, Gary Junker, Benita J. Witherspoon Notice of Withdrawal of Counsel - Adrina Bass. (Roberts, Bettina) (Entered: 01/20/2022)

ANSWER to 26 Amended Complaint, by James Alexander, Elton Amos, Claudette Edwards, Gary Junker, Benita J. Witherspoon. (Roberts, Bettina) (Entered: 01/21/2022)

Consent MOTION To Have Answer to First Amended Complaint Deemed Timely Filed regarding 30 Answer to Amended Complaint filed by James Alexander, Elton Amos, Claudette Edwards, Gary Junker, Benita J. Witherspoon. (Roberts, Bettina) (Entered: 01/21/2022)

Proposed Order regarding 31 Consent MOTION To Have Answer to First Amended Complaint Deemed Timely Filed regarding 30 Answer to Amended Complaint filed by James Alexander, Elton Amos, Claudette Edwards, Gary Junker, Benita J. Witherspoon. (Roberts, Bettina) (Entered: 01/25/2022)

Motion Submitted to District Judge James C. Dever III regarding 31 Consent MOTION To Have Answer to First Amended Complaint Deemed Timely Filed regarding 30 Answer to Amended Complaint. (Indig, A.)

NOTICE OF DEFICIENCY regarding 31 Motion for Miscellaneous Relief. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Indig, A.)

Waiver of Service Returned Executed filed by Eddie Buffaloe Jr.. Eddie Buffaloe Jr. waiver sent on 1/26/2022, answer due 3/27/2022. (Roberts, Bettina) (Entered: 01/26/2022)

ORDER - GRANTING 31 Motion and Answering Defendants' Answer to Plaintiff's First Amended Complaint shall be deemed timely filed. Signed by District Judge James C. Dever III on 1/26/2022. (Indig, A.) (Entered: 01/26/2022)

Notice of Appearance filed by Bettina J. Roberts on behalf of Eddie Buffaloe Jr.. (Roberts, Bettina) (Entered: 03/23/2022)

ANSWER to 26 Amended Complaint, by Eddie Buffaloe Jr.. (Roberts, Bettina) (Entered: 03/23/2022)

Consent MOTION for Leave to File Second Amended Complaint filed by Tracey Edwards. (Attachments: # 1 Exhibit A - Proposed Second Amended Complaint, # 2 Exhibit B - Redlined Amendments To Complaint, # 3 Proposed Order) (Kuhlik, Lauren) (Entered: 04/01/2022)

Motion Submitted

Motion Submitted to District Judge James C. Dever III regarding 37 Consent MOTION for Leave to File Second Amended Complaint. (Indig, A.)

ORDER - GRANTING 37 Motion for Leave to File and the court DIRECTS the clerk to file the Second Amended Complaint [D.E. 37-1]. Signed by District Judge James C. Dever III on 4/6/2022. (Indig, A.) (Entered: 04/07/2022)

SECOND AMENDED COMPLAINT against James Alexander, Elton Amos, Eddie Buffaloe Jr., Claudette Edwards, Gary Junker, Benita J. Witherspoon, Kavona Gill, Tamara Brown, Nikitia Dixon, Tammy Williams, Sheida Brodie, Tianna Lynch and Lorafaith Ragano filed by Tracey Edwards. (Indig, A.) (Entered: 04/07/2022)

Notice filed by Tracey Edwards - Notice of Errata - Second Amended Complaint. (Attachments: # 1 Exhibit 1 - Errata Second Amended Complaint) (Kuhlik, Lauren) (Entered: 04/12/2022)

Joint MOTION for Protective Order filed by Tracey Edwards. (Attachments: # 1 Proposed Confidentiality Agreement and Stipulated Protective Order) (Kuhlik, Lauren) (Entered: 04/26/2022)

Joint MOTION for Entry of Order Regarding Discovery of Electronically Stored Information filed by Tracey Edwards. (Attachments: # 1 Proposed Stipulated Order Regarding Discovery of Electronically Stored Information) (Kuhlik, Lauren) (Entered: 04/26/2022)

STIPULATED ORDER re: Discovery of Electronically Stored Information for Standard Litigation. Signed by Magistrate Judge Robert B. Jones, Jr. on 4/27/2022. (Indig, A.) (Entered: 04/27/2022)

ORDER of Deficiency regarding 41 Joint MOTION for Protective Order. Plaintiff shall correct these deficiencies and refile only the proposed protective order within seven (7) days. Signed by Magistrate Judge Robert B. Jones, Jr. on 4/27/2022. (Indig, A.) (Entered: 04/27/2022)

Motion Referred

Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding 41 Joint MOTION for Protective Order and 42 Joint MOTION for Entry of Order Regarding Discovery of Electronically Stored Information. (Indig, A.)

Proposed Order regarding 44 Order, 41 Joint MOTION for Protective Order - Proposed Amended Confidentiality Agreement and Stipulated Protective Order by Tracey Edwards. (Kuhlik, Lauren) (Entered: 04/28/2022)

Remark

Remark - Proposed Amended Confidentiality Agreement and Stipulated Protective Order submitted to Magistrate Judge Robert B. Jones, Jr. (Indig, A.)

Confidentiality Agreement and Stipulated Protective Order. Signed by Magistrate Judge Robert B. Jones, Jr. on 4/29/2022. (Indig, A.) (Entered: 04/29/2022)

Joint MOTION for Extension of Time to Complete Discovery filed by Tracey Edwards. (Attachments: # 1 Text of Proposed Order) (Kuhlik, Lauren) (Entered: 05/06/2022)

Motion Referred

Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding 47 Joint MOTION for Extension of Time to Complete Discovery. (Indig, A.)

ORDER - GRANTING 47 Motion for Extension of Time. All discovery will be concluded no later than Tuesday, September 13, 2022 and all potentially dispositive motions will be filed no later than Friday, October 14, 2022. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/11/2005. Counsel is reminded to read the entire order for critical dates and deadlines. (Indig, A.) (Entered: 05/11/2022)

Waiver of Service Returned Executed filed by Nikitia Dixon, Kavona Gill, Sheida Brodie, Tianna Lynch, Tamara Brown, Tammy Williams. Nikitia Dixon waiver sent on 6/10/2022, answer due 8/9/2022; Kavona Gill waiver sent on 6/10/2022, answer due 8/9/2022; Sheida Brodie waiver sent on 6/10/2022, answer due 8/9/2022; Tianna Lynch waiver sent on 6/10/2022, answer due 8/9/2022; Tamara Brown waiver sent on 6/10/2022, answer due 8/9/2022; Tammy Williams waiver sent on 6/10/2022, answer due 8/9/2022. (Roberts, Bettina) (Entered: 06/10/2022)

SEALED Document: (Selected Participants Only)by Lorafaith Ragano (available to: Defendant Lorafaith Ragano) regarding 39 Amended Complaint,. (Roberts, Bettina) Modified on 6/10/2022 to remove the word "proposed." (Indig, A.) (Entered: 06/10/2022)

MOTION for Extension of Time to File Answer regarding 39 Amended Complaint, filed by Sheida Brodie, Tamara Brown, Nikitia Dixon, Kavona Gill, Tianna Lynch, Lorafaith Ragano, Tammy Williams. (Attachments: # 1 [Proposed] Order Granting Defendants' Motion for Extension of Time to File Answer) (Roberts, Bettina) (Entered: 06/10/2022)

Motion Referred to Clerk

Notice of Correction

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 51 MOTION for Extension of Time to File Answer regarding 39 Amended Complaint. (Indig, A.)

NOTICE OF CORRECTION regarding: 49 Waiver of Service Executed Pursuant to the terms provided in the waiver of service filed at 49, the answer deadline has been changed to 6/11/2022, which is 60 days from the date sent. (Indig, A.)

Order on Motion for Extension of Time to Answer

TEXT ORDER granting the Motion for Extension of Time 51 filed by Defendants Kavona Gill, Tamara Brown, Nikitia Dixon, Tammy Williams,Sheida Brodie, Tianna Lynch, and Lorafaith Ragano. For good cause shown, it is ordered that these defendants have up to and including June 24, 2022, within which to answer or otherwise respond to the Amended Complaint 39 . Signed by Peter A. Moore, Jr., Clerk of Court on 6/13/2022. (Hockaday, A.)

Notice of Correction

Notice of Appearance filed by Bettina J. Roberts on behalf of Sheida Brodie, Tamara Brown, Nikitia Dixon, Kavona Gill, Tianna Lynch, Tammy Williams. (Roberts, Bettina) (Entered: 06/24/2022)

ANSWER to 39 Amended Complaint, by James Alexander, Elton Amos, Sheida Brodie, Tamara Brown, Eddie Buffaloe Jr., Nikitia Dixon, Claudette Edwards, Kavona Gill, Gary Junker, Tianna Lynch, Tammy Williams, Benita J. Witherspoon. (Roberts, Bettina) (Entered: 06/24/2022)

Joint MOTION for Extension of Time to Complete Discovery filed by James Alexander, Elton Amos, Sheida Brodie, Tamara Brown, Eddie Buffaloe Jr., Nikitia Dixon, Claudette Edwards, Kavona Gill, Gary Junker, Tianna Lynch, Tammy Williams, Benita J. Witherspoon. (Attachments: # 1 [Proposed] Order Granting Joint Motion for Extension of Case Management Deadlines) (Roberts, Bettina) (Entered: 07/03/2022)

Motion Referred

Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding 54 Joint MOTION for Extension of Time to Complete Discovery. (Indig, A.)

ORDER - GRANTING 54 Motion for Extension of Time. All discovery will be concluded no later than Friday, November 4, 2022 and all potentially dispositive motions will be filed no later than Monday, December 5, 2022. Signed by Magistrate Judge Robert B. Jones, Jr. on 7/8/2022. Counsel is reminded to read the entire order for critical dates and deadlines. (Indig, A.) (Entered: 07/08/2022)

Notice of Appearance filed by Elizabeth Guild Simpson on behalf of All Plaintiffs. (Simpson, Elizabeth) (Entered: 07/21/2022)

Notice of Appearance filed by Sonya M. Calloway-Durham on behalf of All Defendants. (Calloway-Durham, Sonya) (Entered: 08/03/2022)

MOTION to Withdraw as Attorney filed by John Doe 1-25, Lorafaith Ragano. (Calloway-Durham, Sonya) (Entered: 08/04/2022)

Proposed Order regarding 58 MOTION to Withdraw as Attorney filed by John Doe 1-25, Lorafaith Ragano. (Calloway-Durham, Sonya) (Entered: 08/04/2022)

Notice of Deficiency - Failure to File Proposed Order

Motion Submitted

NOTICE OF DEFICIENCY regarding 58 Motion to Withdraw as Attorney. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Indig, A.)

Motion Submitted to District Judge James C. Dever III regarding 58 MOTION to Withdraw as Attorney. (Indig, A.)

Proposed Order regarding 58 MOTION to Withdraw as Attorney filed by John Doe 1-25, Lorafaith Ragano. (Calloway-Durham, Sonya) (Entered: 08/05/2022)

ORDER - GRANTING 58 Motion to Withdraw as Attorney. Counsel's appearance for both Ragano and Doe in this action is terminated. Signed by District Judge James C. Dever III on 8/8/2022. (Indig, A.) (Entered: 08/08/2022)

MOTION to Enlarge Time to Serve Defendant Lorafaith Ragano filed by Tracey Edwards. (Attachments: # 1 Declaration of Lauren A. Kuhlik in Support of Motion to Enlarge, # 2 Exhibit A - April 2022 Emails Regarding Defendants' Waivers of Service, # 3 Exhibit B - June 2022 Emails Regarding Filed Waivers of Service and Under-Seal Notice, # 4 Exhibit C - August 2022 Emails Regarding Service of Defendant Ragano, # 5 Proposed Summons, # 6 Proposed Order Granting Motion to Enlarge Time to Serve Defendant Lorafaith Ragano) (Kuhlik, Lauren) (Entered: 08/10/2022)

Motion Submitted

Motion Submitted to District Judge James C. Dever III regarding 62 MOTION to Enlarge Time to Serve Defendant Lorafaith Ragano. (Indig, A.)

ORDER - GRANTING 62 Motion and the time to serve Lorafaith Ragano is hereby extended to sixty days from the original deadline to serve, up to and including September 6, 2022. The Clerk shall issue the attached proposed summons for service to Defendant. Signed by District Judge James C. Dever III on 8/15/2022. (Indig, A.) (Entered: 08/15/2022)

Summons Issued as to Lorafaith Ragano. (Indig, A.) (Entered: 08/15/2022)

Joint MOTION for Extension of Time to Complete Discovery filed by Tracey Edwards. (Attachments: # 1 Proposed Order Granting Joint Motion for Extension of Time to Complete Discovery) (Kuhlik, Lauren) (Entered: 08/16/2022)

Motion Referred