West Virginia Southern District Court
Judge:Irene C Berger
Referred: Omar J Aboulhosn
Case #: 2:24-cv-00732
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause42:1983 Civil Rights Act
Case Filed:Dec 21, 2024
Terminated:Apr 10, 2025
Last checked: Thursday Feb 06, 2025 5:48 AM EST
Defendant
Alex J. Mayer
Defendant
The Honorable Tera Salango
Plaintiff
Ruth Royal
2701 Fairlawn Avenue, Lot 31
Dunbar, WV 25064
Represented By
Richard A. Robb
contact info
TERMINATED PARTIES
Defendant
Cynthia Persily
Terminated: 01/13/2025


Docket last updated: 12 hours ago
Monday, April 14, 2025
29 29 misc Transmitted Certified Copy Mon 04/14 3:35 PM
TRANSMITTED CERTIFIED COPY of28 Judgment Order to counsel of record and any unrepresented party. (kew)
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28 28 order Judgment Mon 04/14 3:33 PM
JUDGMENT ORDER In accordance with the27 Memorandum Opinion and Order this case is DISMISSED and STRICKEN from the docket. Signed by Judge Irene C. Berger on 4/14/2025. (cc: certified copy to counsel of record and any unrepresented party) (kew)
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Thursday, April 10, 2025
27 27 9 pgs order Memorandum & Opinion Thu 04/10 3:08 PM
MEMORANDUM OPINION AND ORDER granting17 MOTION by Alex J. Mayer to Dismiss2 Petition for Declaratory Judgment and Injunction in Lieu of an Answer, and20 MOTION by Tera Salango to Dismiss2 Petition for Declaratory Judgment and Injunction; further directing that any pending motions are TERMINATED as MOOT, as more fully set forth herein. Signed by Judge Irene C. Berger on 4/10/2025. (cc: counsel of record; any unrepresented party) (mfo)
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Tuesday, April 08, 2025
26 26 1 pgs order Order Cancelling Deadline Tue 04/08 9:13 AM
ORDER cancelling the Scheduling Conference previously scheduled for 4/10/2025. Signed by Judge Irene C. Berger on 4/8/2025. (cc: counsel of record and any unrepresented party) (arb)
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Wednesday, March 26, 2025
25 25 motion Stay - General Wed 03/26 4:30 PM
JOINT MOTION by Tera Salango to Stay(Williams, Marc)
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Att: 1 Proposed Order Granting Parties' Joint Stipulation and Motion to Stay This Matter Pending Resolution of Motions to Dismiss
24 24 respm Brief In Support Wed 03/26 4:24 PM
BRIEF by Tera Salango in support of20 MOTION by Tera Salango to Dismiss2 Petition for Declaratory Judgment and Injunction (Williams, Marc)
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Thursday, March 20, 2025
23 23 respm Exhibits In Support Thu 03/20 5:16 PM
EXHIBITS by Ruth Royal in support of21 Memorandum In Support.(Robb, Richard)
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Att: 1 Exhibit
Wednesday, March 19, 2025
22 22 respm Reply To Response Wed 03/19 4:15 PM
REPLY by Ruth Royal to21 Memorandum In Support,20 MOTION by Tera Salango to Dismiss2 Petition for Declaratory Judgment and Injunction. (Robb, Richard)
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Tuesday, March 11, 2025
21 21 21 pgs respm Memorandum In Support Tue 03/11 11:55 AM
MEMORANDUM OF LAW by Tera Salango in support of20 MOTION by Tera Salango to Dismiss With Prejudice re:2 Petition for Declaratory Judgment,. (Williams, Marc)
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20 20 motion Dismiss Tue 03/11 11:53 AM
MOTION by Tera Salango to Dismiss With Prejudice re:2 Petition for Declaratory Judgment,. (Williams, Marc)
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Monday, February 24, 2025
19 19 respm Response In Opposition Mon 02/24 12:52 PM
RESPONSE by Ruth Royal in opposition to17 MOTION by Alex J. Mayer to Dismiss2 Petition for Declaratory Judgment and Injunction in Lieu of an Answer (Robb, Richard)
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Friday, February 21, 2025
18 18 order Judge Berger's Order and Notice Fri 02/21 10:58 AM
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 3/12/2025. Last day for Rule 26(f) meeting - 3/19/2025. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 3/26/2025. Scheduling Conference at 9:30 AM in Charleston, West Virginia on 4/10/2025, before the undersigned, unless cancelled. Entry of Scheduling Order - 4/17/2025. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 4/24/2025. Signed by Judge Irene C. Berger on 2/21/2025. (cc: counsel of record; any unrepresented party) (skm)
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Thursday, February 20, 2025
17 17 motion Dismiss Thu 02/20 12:08 PM
MOTION by Alex J. Mayer to Dismiss2 Petition for Declaratory Judgment and Injunction in Lieu of an Answer. (Compton, Steven) (Modified on 2/20/2025 to add link to #2 petition and to remove terminated party filer) (kew)
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Tuesday, February 18, 2025
16 16 notice Notice Of Appearance Tue 02/18 4:51 PM
NOTICE OF APPEARANCE by Anna J. Williams on behalf of Tera Salango. (Williams, Anna)
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15 15 notice Notice Of Appearance Tue 02/18 4:48 PM
NOTICE OF APPEARANCE by Shaina D. Massie on behalf of Tera Salango. (Massie, Shaina)
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14 14 notice Notice Of Appearance Tue 02/18 4:45 PM
NOTICE OF APPEARANCE by Robert L. Massie on behalf of Tera Salango. (Massie, Robert)
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13 13 notice Notice Of Appearance Tue 02/18 4:43 PM
NOTICE OF APPEARANCE by Marc E. Williams on behalf of Tera Salango. (Williams, Marc)
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Friday, February 14, 2025
12 12 service Summons Returned Executed By Certified Mail, With Return Receipt Cards Fri 02/14 7:27 AM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Alex J. Mayer, re:2 Petition for Declaratory Judgment and Injunction and3 Memorandum In Support. Alex J. Mayer served on 2/13/2025, answer due 3/6/2025. (kew)
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11 11 service Summons Returned Executed By Certified Mail, With Return Receipt Cards Fri 02/14 7:26 AM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Tera Salango, re:2 Petition for Declaratory Judgment and Injunction and3 Memorandum In Support. Tera Salango served on 2/13/2025, answer due 3/6/2025. (kew)
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Wednesday, February 12, 2025
10 10 service Summons Returned Executed By Certified Mail, With Return Receipt Cards Wed 02/12 2:32 PM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for John B. McCuskey, re:2 Petition for Declaratory Judgment and Injunction,3 Memorandum In Support. John B. McCuskey served via certified mail on 2/11/2025. Return Receipt Card signed by Phillip Crist. (btm)
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Monday, February 10, 2025
9 9 service Summons Issued Mon 02/10 3:28 PM
SUMMONS ISSUED by the Clerk via Certified Mail, Return Receipt Requested, Restricted Delivery on behalf of Ruth Royal for Alex J. Mayer, Tera Salango, re:2 Petition for Declaratory Judgment and Injunction and3 Memorandum in Support, returnable 21 days. (kew)
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Att: 1 Summons Issued as to Honorable Tera Salango,
Att: 2 Certified Mail Receipt for Alex J. Mayer,
Att: 3 Certified Mail Receipt for Honorable Tera Salango
8 8 service Summons Issued Mon 02/10 11:31 AM
SUMMONS ISSUED by the Clerk on behalf of Ruth Royal for John B. McCuskey, re:2 Petition for Declaratory Judgment and Injunction,3 Memorandum In Support, returnable 21 days; mailed via Certified Mail, Return Receipt Requested, Restricted Delivery. (Attachment: #1 Certified Mail Receipt - John B. McCuskey) (btm)
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Thursday, February 06, 2025
7 7 misc Certificate Of Service Thu 02/06 12:13 PM
REQUEST by Ruth Royal for Service by Certified Mail upon Respondent, John B. McCuskey. (Attachment: #1 Duplicate Request for Service with Cover Letter) (Robb, Richard) (Modified on 2/6/2025 to convert event to request and add duplicate request) (ts)
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Thursday, January 30, 2025
6 6 service Electronic Summons Issued Thu 01/30 4:46 PM
ELECTRONIC SUMMONS ISSUED as to Tera Salango and Alex J. Mayer re:2 Petition for Declaratory Judgment and Injunction. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Petition as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (arb)
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Att: 1 Alex J. Mayer Summons,
Att: 2 WV Attorney General McCuskey Summons
5 5 1 pgs order Order on Motion / Application / Petition to Proceed Without Prepayment of Fees or Costs Thu 01/30 3:33 PM
ORDER AND NOTICE GRANTING IN FORMA PAUPERIS The1 APPLICATION by Ruth Royal to Proceed Without Prepayment of Fees and Costs is GRANTED. The Clerk of the Court shall issue the summons(es), and Plaintiff shall serve the summons(es) and complaint pursuant to Rule 4, Federal Rules of Civil Procedure. Signed by Magistrate Judge Omar J. Aboulhosn on 1/30/2025. (cc: Plaintiff and counsel of record) (arb)
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Tuesday, December 24, 2024
4 4 order Mag. Judge Aboulhosn - Judge Berger Administrative Order Tue 12/24 9:58 AM
ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Omar J. Aboulhosn for Discovery. (cc: counsel of record and any pro se party) (ts)
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Monday, December 23, 2024
3 3 7 pgs respm Memorandum In Support Mon 12/23 2:25 PM
MEMORANDUM by Ruth Royal in support of2 Petition for Declaratory Judgment and Injunction. (kew)
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2 2 cmp Declaratory Judgment - Petition Mon 12/23 2:24 PM
PETITION FOR DECLARATORY JUDGMENT AND INJUNCTION. (kew)
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Att: 1 Exhibits A-D,
Att: 2 Exhibit E,
Att: 3 Exhibit F,
Att: 4 Exhibits G-J,
Att: 5 Exhibit K,
Att: 6 Exhibit K,
Att: 7 Attachment,
Att: 8 Proposed Summons as to Cynthia Persily,
Att: 9 Proposed Summons as to Tera Salango,
Att: 10 Civil Cover Sheet
1 1 motion Proceed Without Prepayment Of Fees Or Costs Mon 12/23 2:20 PM
APPLICATION by Ruth Royal to Proceed without Prepayment of Fees or Costs. (kew)
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Saturday, December 21, 2024
utility Case Assigned Tue 12/24 9:54 AM
CASE assigned to Judge Irene C. Berger. (ts)
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