D. v. Chilton County Board of Education et al
Court Docket Sheet

2:2009-cv-00691 (almd)

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1
07/23/2009
COMPLAINT against Chilton County Board of Education, Keith Moore, Benita Cahalane, Heather Alford (Filing fee $350.00 receipt number 4602010624), filed by D. D.
07/23/2009
DEMAND for Trial by Jury by D. D. (dmn) (This document has no pdf attached, see Doc. 1 for pdf.) (Text entry; no document attached.)
2
07/23/2009
Summons Issued as to Chilton County Board of Education, Keith Moore, Benita Cahalane, Heather Alford and returned to counsel for personal service.
3
08/18/2009
MOTION to Dismiss Defendants Chilton County Board of Education, Keith Moore and Benita Cahalane's Motion to Dismiss by Chilton County Board of Education, Keith Moore, Benita Cahalane.
4
08/18/2009
BRIEF/MEMORANDUM in Support re 3 MOTION to Dismiss Defendants Chilton County Board of Education, Keith Moore and Benita Cahalane's Motion to Dismiss Brief in Support of Motion to Dismiss filed by Chilton County Board of Education, Keith Moore, Benita Cahalane.
5
08/18/2009
NOTICE of Appearance by Katherine Charlotte Hortberg on behalf of Chilton County Board of Education, Keith Moore, Benita Cahalane
6
08/19/2009
ORDER directing Plaintiff TO SHOW CAUSE as to why the 3 Motion to Dismiss filed by Benita Cahalane, Keith Moore, and Chilton County Board of Education should not be granted. Show Cause Response due by 9/9/2009. The Defendants shall have until 9/16/2009, to file any reply they wish to file. Motion Submission Deadline set for 9/16/2009 without oral hearing. Signed by Honorable W. Harold Albritton, III on 8/19/2009.
7
08/25/2009
SUMMONS Returned Executed by D. D. Chilton County Board of Education served on 7/29/2009, answer due 8/18/2009; Keith Moore served on 7/29/2009, answer due 8/18/2009; Benita Cahalane served on 7/29/2009, answer due 8/18/2009; Heather Alford served on 8/25/2009, answer due 9/14/2009. (dmn) [Modified on 8/27/2009 to reflect that Heather Alford was served on 8/25/2009 instead of 7/29/2009 as originally docketed. Also, the answer deadline for Heather Alford has been reset to 9/14/2009.-DMN]
08/27/2009
Reset Answer Deadline for Heather Alford to 9/14/2009. The wrong service date was entered in Doc. 7. Heather Alford was served on 8/25/2009. (Text entry; no document attached.)
08/27/2009
NOTICE of Docket Text Correction re 7 Summons Returned Executed. The referenced docket entry was modified to reflect that Heather Alford was served on 8/25/2009 instead of 7/29/2009 as originally docketed. Also, the answer deadline for Heather Alford has been reset to 9/14/2009. (Text entry; no document attached.)
8
09/09/2009
RESPONSE in Opposition re 3 MOTION to Dismiss Defendants Chilton County Board of Education, Keith Moore and Benita Cahalane's Motion to Dismiss filed by D. D.
9
09/10/2009
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Plaintiff D. D. Corporate Disclosures due by 9/24/2009.
10
09/10/2009
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Chilton County Board of Education, Keith Moore, and Benita Cahalane. Corporate Disclosures due by 9/24/2009.
1
https://ecf.almd.uscourts.gov/doc1/01711289841" onClick="goDLS{{'/doc1/01711289841','41327','44','','2','1','',''}};">1</a> Standing Order and Sample Format)
1 Attachment
11
09/10/2009
Corporate/Conflict Disclosure Statement by Chilton County Board of Education.
12
09/10/2009
Corporate/Conflict Disclosure Statement by Keith Moore.
13
09/10/2009
Corporate/Conflict Disclosure Statement by Benita Cahalane.
14
09/14/2009
NOTICE of Appearance by Katherine Charlotte Hortberg on behalf of Chilton County Board of Education, Keith Moore, Benita Cahalane, Heather Alford
15
09/14/2009
[WRONG EVENT CODE USED WHEN ORIGINALLY FILED. PLEASE DISREGARD THIS DOCKET ENTRY. SEE CORRECTED DOCKET ENTRY.] RESPONSE to Motion re 3 MOTION to Dismiss Defendants Chilton County Board of Education, Keith Moore and Benita Cahalane's Motion to Dismiss Motion to Adopt Motion to Dismiss filed by Heather Alford. Modified on 9/15/2009
16
09/14/2009
Corporate/Conflict Disclosure Statement by Heather Alford.
17
09/14/2009
NOTICE of Appearance by Mark Seymour Boardman on behalf of Heather Alford
09/14/2009
MOTION by Heather Alford to Adopt Defendants Chilton County Board of Education, Keith Moore, and Benita Cahalane's 3 MOTION to Dismiss. (dmn) (This document has no pdf attached, see Doc. 15 for pdf. The wrong event code was used when originally filed.) (Text entry; no document attached.)
09/15/2009
NOTICE of Docket Text Correction re 15 Response to Motion. The referenced pleading is not a response, it is a motion to adopt. The wrong event code was used when originally filed. Please disregard the entry of the referenced pleading on the docket and see corrected docket entry. (Text entry; no document attached.)
18
09/16/2009
REPLY to Response to Motion re 3 MOTION to Dismiss Defendants Chilton County Board of Education, Keith Moore and Benita Cahalane's Motion to Dismiss filed by Chilton County Board of Education, Keith Moore, Benita Cahalane, Heather Alford.
19
09/17/2009
MEMORANDUM OPINION AND ORDER: This cause is before the court on a 3 Motion to Dismiss, filed by Defendants, Chilton County Board of Education, Keith Moore, and Benita Cahalane. Defendant Heather Alford also moves to adopt the motion, see Doc. 15, and that Motion is GRANTED. The 3 Motion to Dismiss is due to be GRANTED in part and DENIED in part as follows: 1. The Motion to Dismiss is GRANTED as to the IDEA claims against Keith Moore, Benita Cahalane, and Heather Alford individually, and as to the outrageous conduct claim against the Chilton County Board of Education. 2. The Motion to Dismiss is DENIED in all other respects. The case will proceed on the Fourteenth Amendment claims in Counts I and II against all Defendants, the IDEA claim in Count III against the Chilton County Board of Education, the assault and battery claim in Count IV, and the outrageous conduct claim in Count V against the individual defendants. Signed by Honorable W. Harold Albritton, III on 9/17/2009.
20
09/17/2009
RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 10/8/2009. Signed by Honorable W. Harold Albritton, III on 9/17/2009.
21
09/24/2009
Corporate/Conflict Disclosure Statement by D. D. re 9 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement.
22
09/28/2009
ANSWER to 1 Complaint by Chilton County Board of Education, Keith Moore, Benita Cahalane, Heather Alford.
23
09/30/2009
REPORT of Rule 26(f) Planning Meeting.
24
09/30/2009
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 5/27/2010 in Montgomery, AL before Honorable W. Harold Albritton III. Jury Trial set for 6/21/2010 trial term in Montgomery, AL before Honorable W. Harold Albritton III. Amended Pleadings due by 1/1/2010. Discovery due by 1/29/2010. Motions due by 2/26/2010. Mediation Notice due by 3/24/2010. Signed by Honorable W. Harold Albritton, III on 9/30/2009. Copies furnished to YG, HC, EB.
25
10/15/2009
[STRICKEN FROM THE RECORD. THIS PLEADING IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 5.1 NON-FILING OF CIVIL DISCOVERY.] RULE 26 DISCLOSURES by D. D. [Modified on 10/16/2009 to reflect the actual title of pleading.-DMN]
26
10/16/2009
NOTICE of Non-Compliance re 25 Rule 26 Disclosures. The referenced pleading is discovery and is not allowed pursuant to Local Rule 5.1 NON-FILING OF CIVIL DISCOVERY. The referenced pleading is hereby STRICKEN from the record and the parties are instructed to disregard the entry of this pleading on the court's docket.
27
02/26/2010
MOTION for Summary Judgment by Chilton County Board of Education, Keith Moore, Benita Cahalane, Heather Alford.
28
02/26/2010
BRIEF/MEMORANDUM in Support 27 Motion for Summary Judgment filed by Chilton County Board of Education, Keith Moore, Benita Cahalane, Heather Alford.
1
Exhibit Deposition of Cathi Davis (RESTRICTED PRIVACY ISSUE)
2
Exhibit Deposition of Keith Moore
3
Exhibit Deposition of Benita Cahalane
4
Exhibit Deposition of Heather Alford
5
Affidavit of Keith Moore
6
Affidavit of Benita Cahalane, # 7 Affidavit of Heather Alford) [Modified on 2/26/2010 to reflect that Exhibit A is RESTRICTED PRIVACY ISSUE due to personal information needs to be redacted pursuant to the E-Government Act rules and to create a link to Doc.
8
Redacted Exhibit Deposition of Cathi Davis) (dmn). Modified on 3/1/2010 (dmn). (Additional attachment(s) added on 3/10/2010 to replace the Affidavit of Heather Alford due to a page was missing in the original pdf: #
9
https://ecf.almd.uscourts.gov/doc1/01711389301" onClick="goDLS{{'/doc1/01711389301','41327','98','','2','1','',''}};">9</a> Affidavit of Heather Alford). Modified on 3/10/2010
27
https://ecf.almd.uscourts.gov/doc1/01711381822" onClick="goDLS{{'/doc1/01711381822','41327','96','','2','1','',''}};">27</a>.-DMN] (Additional attachment(s) added on 3/1/2010 to redact personal information contained in original filing pursuant to the E-Government act rules: #
9 Attachments
29
02/26/2010
ORDER re defendants' 27 MOTION for Summary Judgment. Motion Submission Deadline set for 3/26/2010 without oral argument. Affidavits, briefs, depositions, or other documents which Plaintiff wishes to file in opposition to said motion shall be filed on or before 3/19/2010. Defendants shall have until 3/26/2010 to file any replies. Signed by Honorable W. Harold Albritton, III on 2/26/2010.
30
03/10/2010
Notice of Mediation and Settlement Conference by all parties
31
03/10/2010
NOTICE of Correction re 28 BRIEF/MEMORANDUM in Support. This notice is docketed to enter the corrected pdf of the Affidavit of Heather Alford into the record as an attachment to the referenced document. The original affidavit was missing a page.
1
https://ecf.almd.uscourts.gov/doc1/01711389336" onClick="goDLS{{'/doc1/01711389336','41327','106','','2','1','',''}};">1</a> Corrected Affidavit of Heather Alford)
1 Attachment
32
03/19/2010
RESPONSE in Opposition to 27 MOTION for Summary Judgment and Brief in Support Thereof filed by D. D.
1
Exhibit List
2
Exhibit 1 - Affidavit of Cathi Davis
3
Exhibit 1A - Parent/Student Handbook
4
Exhibit 1B - Pals letter
5
Exhibit 1C - Resolution meeting minutes
6
https://ecf.almd.uscourts.gov/doc1/01711395684" onClick="goDLS{{'/doc1/01711395684','41327','109','','2','1','',''}};">6</a> Exhibit 2 - Davis Interrogatory response)
6 Attachments
33
03/26/2010
REPLY to Response to Motion re 27 MOTION for Summary Judgment filed by Chilton County Board of Education, Keith Moore, Benita Cahalane, Heather Alford.
34
04/06/2010
MEMORANDUM OPINION AND ORDER: The Plaintiff having failed to establish a violation of federal law, for the reasons discussed, the 27 Motion for Summary Judgment is GRANTED as to the federal claims, and the court declines to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice. A separate Judgment will be entered in accordance with this Memorandum Opinion and Order. Signed by Honorable W. Harold Albritton, III on 4/6/2010.
35
04/06/2010
FINAL JUDGMENT: In accordance with the Memorandum Opinion and Order entered on this day, judgment is entered in favor of the Defendants, Chilton County Board of Education, Keith Moore, Benita Cahalane, and Heather Alford, and against the Plaintiff, on the federal claims. The state law claims are dismissed without prejudice. Costs are taxed against the Plaintiff. Signed by Honorable W. Harold Albritton, III on 4/6/2010. Copies furnished to YG, HC, EB. [Modified on 4/6/2010 to reflect that the following deadlines have been terminated: Final Pretrial Conference set for 5/27/2010 and Jury Trial set for 6/21/2010.-DMN]
1
https://ecf.almd.uscourts.gov/doc1/01711407031" onClick="goDLS{{'/doc1/01711407031','41327','117','','2','1','',''}};">1</a> Civil Appeals Checklist)
1 Attachment
36
04/15/2010
BILL OF COSTS by Chilton County Board of Education, Keith Moore, Benita Cahalane, Heather Alford.
1
Affidavit Affidavit of Katherine C. Hortberg
1 Attachment
37
04/16/2010
Costs Taxed in amount of $ 2,474.92 against Cathy Davis.
38
05/17/2010
CERTIFICATION of Judgment
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