Chesterfield County School Board v. Williams
| Virginia Eastern District Court | |
| Judge: | John A Gibney, Jr |
| Case #: | 3:20-cv-00056 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 20:1400 Civil Rights of Handicapped Child |
| Case Filed: | Jan 31, 2020 |
| Terminated: | Nov 12, 2020 |
| Last checked: Wednesday Jul 29, 2020 4:20 AM EDT |
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Defendant
Michelle Williams
4101-1 Mallard Landing Circle
Midlothian, VA 23112 |
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Plaintiff
Chesterfield County School Board
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Represented By
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| Docket last updated: 5 hours ago |
| Thursday, November 12, 2020 | ||
| 39 | 39
2
pgs
order
Order on Motion for Summary Judgment
Thu 11/12 4:29 PM
ORDER that the Court DENIES the Defendant's Motion for Summary Judgment35 ; the Court GRANTS the plaintiff's request for declaratory judgment. The Court DECLARES that Williams violated a valid and enforceable contract when she filed an administrative complaint as stated in the accompanying Opinion. The Court GRANTS IN PART the plaintiff's request for a permanent injunction. Specifically, the Court ENJOINS the defendant from pursuing any state or federal due process hearing, or any other legal proceedings regarding issues that occurred prior to September 20, 2019, including, but not limited to, the allegations in her December 2019 due process complaint. Because the Court cannot grant any further relief in this mater, it DIRECTS the Clerk to close the case. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr. on 11/12/20. (Clerk mailed copy of Opinion and Order to pro se defendant) (jtho, ) |
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| 38 | 38
9
pgs
order
Memorandum Opinion
Thu 11/12 4:04 PM
OPINION. (See Opinion for Details). Signed by District Judge John A. Gibney, Jr. on 11/12/20. (jtho, ) (Mailed copy to pro se defendant). Modified on 11/12/2020 (jtho, ) |
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| Thursday, July 30, 2020 | ||
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misc
Affidavit
Thu 07/30 8:18 PM
AFFIDAVIT re36 Opposition to Defendant's Motion for Summary Judgment by Chesterfield County School Board. (Ballou, Katherine) |
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| 36 | 36
respoth
Opposition
Thu 07/30 8:13 PM
Opposition to35 MOTION for Summary Judgment filed by Chesterfield County School Board.(Ballou, Katherine) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5
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| Thursday, July 16, 2020 | ||
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motion
Summary Judgment
Fri 07/17 10:06 AM
MOTION for Summary Judgment by Michelle Williams. (Audio Exhibits 22 & 28 on Clerk's Office Shelf) (smej, ) |
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Att: 1
Exhibit 20,
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Att: 2
Exhibit 21,
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Att: 3
Exhibit 23,
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Att: 4
Exhibit 24,
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Att: 5
Exhibit 25,
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Att: 6
Exhibit 26,
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Att: 7
Exhibit 27,
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Att: 8
Exhibit 29,
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Att: 9
Exhibit 30,
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Att: 10
Exhibit 31,
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Att: 11
Exhibit 32
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| 34 | 34
24
pgs
respm
Memorandum in Support
Thu 07/16 5:45 PM
Memorandum in Support re33 MOTION for Summary Judgment with Roseboro,. filed by Chesterfield County School Board.(Ballou, Katherine) |
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Att: 1
Exhibit 1 - Declaration of Dr. Elizabeth Dragone,
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Att: 2
Exhibit 2 - Dismissal Order,
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Att: 3
Exhibit 3 - Billing Invoices,
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Att: 4
Exhibit 4 - Educational Assessment Addendum,
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Att: 5
Exhibit 5 - Phonics Inventory,
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Att: 6
Exhibit 6 - October 1, 2019 letter from Dr. Benjamin Lewis,
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Att: 7
Exhibit 7 - November 15, 2019 e-mail from Dr. Elizabeth Dragone,
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Att: 8
Exhibit 8 - October 9 and 11, 2019 e-mails from Dr. Benjamin Lewis,
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Att: 9
Exhibit 9 - October 14, 2019 e-mail from Dr. Lewis,
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Att: 10
Exhibit 10 - October 15, 2019 e-mail from Dr. Dragone,
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Att: 11
Exhibit 11 - October 22, 2019 letter from Dr. Dragone,
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Att: 12
Exhibit 12 - October 28, 2019 e-mail from Ms. Diane Glover,
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Att: 13
Exhibit 13 - January 17, 2020 letter from Ms. Glover,
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Att: 14
Exhibit 14 - October 16, 2019 e-mail from Williams,
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Att: 15
Exhibit 15 - December 18, 2019 letter from Ms. Glover,
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Att: 16
Exhibit 16 - October 31, 2019 e-mail from Williams
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| 33 | 33
motion
Summary Judgment
Thu 07/16 5:16 PM
MOTION for Summary Judgment with Roseboro,. by Chesterfield County School Board. (Ballou, Katherine) |
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| 32 | 32
3
pgs
order
Order on Motion for Leave to File
Thu 07/16 3:27 PM
ORDER denying30 Motion for Leave to File. Signed by District Judge John A. Gibney, Jr on 07/16/2020. Copy mailed to pro se defendant. (tjoh, ) |
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| Wednesday, July 15, 2020 | ||
| 31 | 31
4
pgs
respm
Memorandum in Support
Wed 07/15 5:45 PM
Memorandum in Support re30 MOTION for Leave to File Reply filed by Chesterfield County School Board. (Ballou, Katherine) |
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| 30 | 30
motion
Leave to File Document
Wed 07/15 5:43 PM
MOTION for Leave to File Reply by Chesterfield County School Board. (Ballou, Katherine) |
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| Tuesday, July 14, 2020 | ||
| 29 | 29
1
pgs
order
Order on Motion for Extension of Time to File
Tue 07/14 3:28 PM
ORDER - This matter comes before the Court on the plaintiffs motion for extension of time to file its motion for summary judgment27 . Upon due consideration, the Court GRANTS the motion. The plaintiff shall file its motion for summary judgment by July 16, 2020. Signed by District Judge John A. Gibney, Jr. on 7/14/2020. (Copy mailed to Pro Se Defendant) (smej, ) |
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| 28 | 28
4
pgs
respm
Memorandum in Support
Tue 07/14 1:23 PM
Memorandum in Support re27 MOTION for Extension of Time to File Motion for Summary Judgment filed by Chesterfield County School Board. (Ballou, Katherine) |
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| 27 | 27
motion
Extension of
Tue 07/14 1:21 PM
MOTION for Extension of Time to File Motion for Summary Judgment by Chesterfield County School Board. (Ballou, Katherine) |
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| Monday, July 13, 2020 | ||
| 26 | 26
1
pgs
order
Order
Mon 07/13 2:37 PM
ORDER - This matter comes before the Court on the pro se defendant's letter motion for extension of time. Upon due consideration, the Court GRANTS the letter motion. The defendant shall file her motion for summary judgment by July 16, 2020. Signed by District Judge John A. Gibney, Jr on 07/13/2020. Copy mailed to pro se defendant.(tjoh, ) |
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Att: 1
Exhibit A
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| Tuesday, June 23, 2020 | ||
| 25 | 25
answer
Answer to Complaint
Wed 06/24 9:56 AM
ANSWER to Complaint by Michelle Williams.(tjoh, ) |
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Att: 1
Information Form
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| 24 | 24
misc
Transcript
Tue 06/23 11:10 AM
TRANSCRIPT of proceedings held on 03/14/2020, before Judge Hon. John A. Gibney, Jr., Court Reporter Gil Halasz, Telephone number 804 916-2248. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/23/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 9/21/2020.(halasz, gil) |
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| Monday, June 15, 2020 | ||
| 23 | 23
1
pgs
order
Order on Motion to Appoint Counsel
Mon 06/15 3:59 PM
ORDER denying22 Motion to Appoint Counsel. Signed by District Judge John A. Gibney, Jr on 06/15/2020. Copy mailed to pro se defendant. (tjoh, ) |
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| Wednesday, June 10, 2020 | ||
| 22 | 22
motion
Appoint Counsel
Wed 06/10 4:28 PM
MOTION to Appoint Counsel by Michelle Williams.(tjoh, ) |
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Att: 1
Attachment
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| Tuesday, June 09, 2020 | ||
| 21 | 21
1
pgs
order
Order
Tue 06/09 3:25 PM
ORDER - On May 21, 2020, the Court denied the prose defendant's motion to dismiss and directed the defendant to file an answer to the plaintiffs complaint. (Dk. No. 19.) The Court also explained to the defendant that her answer must comply with the requirements set forth in Federal Rule of Civil Procedure 8(b). The defendant filed her answer on May 22, 2020. (Dk. No. 22.) The answer, which is one page in length, does not comply with the requirements set forth in the Court's May 21 Order or Rule 8(b). Accordingly, the Court DIRECTS the defendant to file an amended answer within fourteen ( 14) days of this Order. Signed by District Judge John A. Gibney, Jr on 06/09/2020. Copy mailed to pro se defendant.(tjoh, ) |
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| Friday, May 22, 2020 | ||
| 20 | 20
answer
Answer to Complaint
Fri 05/22 3:20 PM
ANSWER and Joinder to Complaint by Michelle Williams.(tjoh, ) |
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| Thursday, May 21, 2020 | ||
| 19 | 19
1
pgs
order
Order
Thu 05/21 8:22 AM
ORDER - This matter comes before the Court on the defendants motion to dismiss. (Dk. No. 5.) For the reasons stated in the accompanying Opinion, the Court DENIES the motion. Additionally, the Court ORDERS as follows: Within fourteen (14) days of this Order, the defendant shall file an answer to the plaintiffs complaint. In her answer, the defendant must respond to each numbered paragraph in the plaintiffs complaint with either admit or deny, accompanied by any other explanation she wishes to make. Signed by District Judge John A. Gibney, Jr on 05/21/2020. Copy mailed to pro se defendant. (tjoh, ) |
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| 18 | 18
5
pgs
order
Memorandum Opinion
Thu 05/21 8:20 AM
OPINION. Signed by District Judge John A. Gibney, Jr on 05/21/2020. Copy mailed to pro se defendant. (tjoh, ) |
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| Thursday, May 14, 2020 | ||
| 17 | 17
2
pgs
order
Order
Thu 05/14 3:11 PM
INITIAL ORDER. See Order for details and deadlines. Signed by District Judge John A. Gibney, Jr. on 5/14/2020. Copy to pro se defendant. (jsmi, ) |
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| 16 | 16
4
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Miscellaneous Relief Order on Motion for Preliminary Injunction
Thu 05/14 2:59 PM
ORDER that to the extent Williams5 motion to dismiss relies on the lack of jurisdiction, the Court DENIES the motion. The Court GRANTS IN PART the School Boards2 motion for a preliminary injunction. The Court DENIES Williams11 motion to add additional materials to first proposed exhibit list as premature. Should either party wish to file a motion for summary judgment, it should do so by July 14, 2020. Should Williams wish to appeal this Order, she must file written notice of appeal with the Clerk of Court within 30 days of the date of entry. See Order for details. Signed by District Judge John A. Gibney, Jr. on 5/14/2020. Copy to pro se defendant as directed. (jsmi, ) |
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| 15 | 15
minutes
Motion Hearing
Thu 05/14 12:46 PM
Minute Entry for proceedings held before District Judge John A. Gibney, Jr.:Motion Hearing held on 5/14/2020 re5 MOTION to Dismiss for Failure to State a Claim filed by Michelle Williams,11 MOTION to Add Additional Materials to First Proposed Exhibit List filed by Michelle Williams,2 MOTION for Preliminary Injunction filed by Chesterfield County School Board; hearing took place remotely over zoom.gov; evidence adduced; arguments heard; the court denies the motion to dismiss; the court grants in part the motion for preliminary injunction; the court denies the motion to add additional materials as premature (Court Reporter G. Halasz, OCR.)(wtuc) |
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| Monday, May 11, 2020 | ||
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1
pgs
order
Order
Mon 05/11 4:39 PM
ORDER - This matter comes before the Court on its own initiative. On May 4, 2020, the Court entered an Order directing both parties to appear for an in-person hearing on the pending motions in this case on May 14, 2020, at 9:00 a.m. (Dk. No. 13.) Since that time, the Court has learned that a member of the defendants family has health complications potentially connected to the ongoing outbreak of Coronavirus Disease 2019 (COVID-19). Accordingly, the Court will hold the hearing entirely by video conference via the Zoom platform. Although the parties need not appear in person for the hearing, both parties and their witnesses must be prepared to proceed via Zoom on May 14, 2020, at 9:00 a.m. Signed by District Judge John A. Gibney, Jr on 05/11/2020. Copy mailed to pro se defendant.(tjoh, ) |
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| Monday, May 04, 2020 | ||
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2
pgs
order
Order
Mon 05/04 12:17 PM
ORDER - The Court will hold an in-person hearing on the school boards motion for a preliminary injunction and Williams motion to dismiss on May 14, 2020, at 9:00 a.m. The Court will allow the parties witnesses to appear remotely by video, but Williams and counsel for the school board must appear in person for the hearing. Signed by District Judge John A. Gibney, Jr on 05/04/2020. Copy mailed to pro se plaintiff. (tjoh, ) |
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| Friday, May 01, 2020 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Fri 05/01 3:26 PM
Set as to2 MOTION for Preliminary Injunction,5 MOTION to Dismiss for Failure to State a Claim: Motion Hearing set for 5/14/2020 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. (wtuc) |
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| Wednesday, April 15, 2020 | ||
| 12 | 12
6
pgs
respm
Memorandum in Opposition
Wed 04/15 11:55 AM
Memorandum in Opposition re11 MOTION to Add Additional Materials to First Proposed Exhibit List filed by Chesterfield County School Board. (Ballou, Katherine) |
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| Wednesday, March 18, 2020 | ||
| 11 | 11
motion
Miscellaneous Relief (MOTION)
Wed 03/18 3:31 PM
MOTION to Add Additional Materials to First Proposed Exhibit List by Michelle Williams.(tjoh, ) |
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Att: 1
Exhibit 20,
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Att: 2
Exhibit 21,
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Att: 3
Certification,
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Att: 4
Certificate of Service
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| Wednesday, March 11, 2020 | ||
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12
pgs
respm
Memorandum in Opposition
Wed 03/11 11:04 AM
Memorandum in Opposition re5 MOTION to Dismiss for Failure to State a Claim filed by Chesterfield County School Board. (Ballou, Katherine) |
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misc
Notice of Correction
Wed 03/11 9:01 AM
Notice of Correction re:9 Opposition. Filing attorney notified to refile the document with the filing user's signature block, or have the attorney whose signature block appears on the document refile the document. (jsau, ) |
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| Tuesday, March 10, 2020 | ||
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respoth
Opposition
Tue 03/10 5:44 PM
Opposition to5 MOTION to Dismiss for Failure to State a Claim,7 Docket Annotation,, filed by Chesterfield County School Board. (Ballou, Katherine) |
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| 8 | 8
notice
Notice of Appearance
Tue 03/10 5:35 PM
NOTICE of Appearance by Katherine Krick Ballou on behalf of Chesterfield County School Board (Ballou, Katherine) |
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| Friday, March 06, 2020 | ||
| 7 | 7
misc
Docket Annotation
Fri 03/06 5:01 PM
REDACTED Motion to Dismiss for Failure to State a Claim by Michelle Williams, per Order6(tjoh, ) |
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Att: 1
OCR Support Evidence,
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Att: 2
Exhibit 1-1 through 1-4,
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Att: 3
Exhibit 2-1 through 2-2,
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Att: 4
Exhibit 3-1,
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Att: 5
Exhibit 4-1 through 4-3,
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Att: 6
Exhibit 5-1 through 5-6,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7-1 through 7-31,
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Att: 9
Exhibit 8-1,
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Att: 10
Exhibit 9-1 through 9-3,
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Att: 11
Exhibit 10-1,
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Att: 12
Exhibit 11,
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Att: 13
Exhibit 12-1 through 12-3,
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Att: 14
Exhibit 13-1,
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Att: 15
Exhibit 14-1 through 14-2,
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Att: 16
Exhibit 15 through 15-8,
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Att: 17
Exhibit 16-1 through 16-3,
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Att: 18
Exhibit 17-1 through 17-7,
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Att: 19
Exhibit 18-1 through 18-2,
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Att: 20
Exhibit 19-1 through 19-3
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| Wednesday, February 26, 2020 | ||
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2
pgs
order
Order
Wed 02/26 12:41 PM
ORDER re5 MOTION to Dismiss for Failure to State a Claim filed by Michelle Williams. Within fourteen (14) days of this Order, Williams shall file amended exhibits with appropriate redactions. Should the plaintiff wish to seal any additional information in Williams' amended exhibits, the plaintiff may file a motion to seal within seven (7) days of the filing of the amended exhibits. If Williams opposes the motion to seal, she may respond within seven (7) days thereafter. Signed by District Judge John A. Gibney, Jr on 02/26/2020. Copy mailed to defendant. (tjoh, ) |
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| Tuesday, February 25, 2020 | ||
| 5 | 5
motion
Dismiss for Failure to State a Claim
Tue 02/25 4:00 PM
MOTION to Dismiss for Failure to State a Claim by Michelle Williams.(Clerk did not receive and Exhibit 10). (tjoh, ) |
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Att: 1
Affidavit,
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Att: 2
Exhibit 1-1 through 1-4,
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Att: 3
Exhibit 2-1 through 2-2,
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Att: 4
Exhibit 3-1 through 3-2,
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Att: 5
Exhibit 4-1 through 4-3,
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Att: 6
Exhibit 5-1 through 5-6,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7-1 through 7-31,
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Att: 9
Exhibit 8-1,
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Att: 10
Exhibit 9-1 through 9-3,
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Att: 11
Exhibit 11,
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Att: 12
Exhibit 12-1 through 12-3,
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Att: 13
Exhibit 13-1,
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Att: 14
Exhibit 14-1 through 14-2,
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Att: 15
Exhibit 15 through 15-8,
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Att: 16
Exhibit 16-1 through 16-3,
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Att: 17
Exhibit 17-1 through 17-7,
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Att: 18
Exhibit 18-1 through 18-2,
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Att: 19
Exhibit 19-1 through 19-3
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| Friday, January 31, 2020 | ||
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service
Summons Issued
Fri 01/31 2:56 PM
Summons Issued as to Michelle Williams. NOTICE TO ATTORNEY: Remove header and print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (tjoh, ) |
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| 3 | 3
12
pgs
respm
Memorandum in Support
Fri 01/31 2:43 PM
Memorandum in Support re2 MOTION for Preliminary Injunction filed by Chesterfield County School Board. (Andriano, Patrick) (Main Document 3 replaced on 1/31/2020) (tjoh, ) |
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| 2 | 2
motion
Preliminary Injunction
Fri 01/31 2:42 PM
MOTION for Preliminary Injunction by Chesterfield County School Board. (Andriano, Patrick) (Main Document 2 replaced on 1/31/2020) (tjoh, ) |
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| 1 | 1
cmp
Complaint
Fri 01/31 2:39 PM
Complaint ( Filing fee $ 400, receipt number 0422-7051764.), filed by Chesterfield County School Board.(Andriano, Patrick) (Main Document 1 replaced on 1/31/2020) (tjoh, ). Modified on 1/31/2020 (tjoh, ) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Civil Cover Sheet,
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Att: 7
Summons
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utility
Initial Case Assignment
Fri 01/31 2:48 PM
Initial Case Assignment to District Judge John A. Gibney, Jr. (tjoh, ) |
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