J. M. et al v. Logan County Board of Education et al

Federal Civil Lawsuit West Virginia Southern District Court, Case No. 2:15-cv-04822
District Judge Thomas E. Johnston, presiding
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District Judge Thomas E. Johnston
Last Updated December 29, 2016 at 3:09 AM EST (8.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo J.m, Plaintiff

Represented by Law Offices of Benjamin F. White

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Benjamin F. White +1 304 855 2369 +1 304 855 2370 ben@bfwhite.com
No Logo Tanya Lardieri, Plaintiff

Represented by bfwhite.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Benjamin F. White +1 304 855 2369 +1 304 855 2370 ben@bfwhite.com
No Logo Tayna Lardieri, Plaintiff

Represented by bfwhite.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Benjamin F. White +1 304 855 2369 +1 304 855 2370 ben@bfwhite.com
v.
No Logo Anita Gore, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
both in her Individual Capacity and in her Official Capacity as Secretary at Logan Middle School Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
both in her Individual Capacity and in her Official Capacity as Secretary at Logan Middle School Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo Christopher Marcus, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
both in his Individual Capacity and in his Offical Capacity as Teacher at Logan Middle School Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
both in his Individual Capacity and in his Offical Capacity as Teacher at Logan Middle School Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo David L. Burroway, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
both in his Individual Capacity and in his Official Capacity as Teacher at Logan Middle School Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
both in his Individual Capacity and in his Official Capacity as Teacher at Logan Middle School Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo Dr. Pat J. White, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
Logan County Board of Education Member, In his Official Capacity Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
Logan County Board of Education Member, In his Official Capacity Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo Ernestine Sutherland, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
both in her Individual Capacity and in her Official Capacity as Principal of Logan Middle School Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
both in her Individual Capacity and in her Official Capacity as Principal of Logan Middle School Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo Howard Rockhold, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
both in his Individual Capacity and in his Official Capacity as Teacher at Logan Middle School Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
both in his Individual Capacity and in his Official Capacity as Teacher at Logan Middle School Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo James Frye, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
Logan County Board of Education Member, In his Official Capacity, and Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
Logan County Board of Education Member, In his Official Capacity, and Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo Logan County Board of Education, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
by and through its School Board Members in their Offical Capacity, including Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
by and through its School Board Members in their Offical Capacity, including Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo Logan Middle School, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
Ernestine Sutherland, Principal; Jointly and Severally Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
Ernestine Sutherland, Principal; Jointly and Severally Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo Mark McGrew, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
Current President, Logan County Board of Education Member, in his Offical Capacity Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
Current President, Logan County Board of Education Member, in his Offical Capacity Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo Phyllis Adkins, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
President, at the time of incident, Logan County Board of Education Member, In her Official Capacity, Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
President, at the time of incident, Logan County Board of Education Member, In her Official Capacity, Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo William Davis, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
Vice President, at the time of incident, Logan County Board of Education Member, In his Official Capacity Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
Vice President, at the time of incident, Logan County Board of Education Member, In his Official Capacity Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
No Logo Wilma Zigmond, Defendant

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
both in her Individual Capacity and in her Official Capacity, as Superintendent of the Logan County Board of Education Jacob D. Layne +1 304 344 0100 +1 304 342 1545 jlayne@pffwv.com
both in her Individual Capacity and in her Official Capacity, as Superintendent of the Logan County Board of Education Duane J. Ruggier, II +1 304 344 0100 +1 304 342 1545 druggier@pffwv.com
Attributes
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
Timeline
  Entries (17) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 17 Filed: 1/13/2016, Entered: None Court Filing
MEMORANDUM OPINION AND ORDER granting Defendants' 11 MOTION to Dismiss Plaintiffs' Complaint for Failure to Prosecute, insofar as that motion requests that Plaintiffs' complaint be dismissed; denying as moot Defendants' 7 First Motion to Dismiss, 9 Motion to Strike, and 10 Second Motion to Strike; the Court DISMISSES WITHOUT PREJUDICE this civil action and directs this case removed from the Court's docket. Signed by Judge Thomas E. Johnston on 1/13/2016. (cc: counsel of record; any unrepresented party) (taq)
LREF
Blank 16 Filed: 1/6/2016, Entered: None
RULE 26(f) REPORT OF PLANNING MEETING by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond, Tanya Lardieri, J. M. (Ruggier, Duane) (Modified on 1/6/2016 to add party filers) (skh).
LREF
Blank 15 Filed: 12/17/2015, Entered: None
SUPPLEMENTAL BRIEF by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond in support of 11 MOTION by Defendants to Dismiss 1 Complaint For Failure to Prosecute (Ruggier, Duane)
LREF
Blank 14 Filed: 12/3/2015, Entered: None Court Filing
ORDER AND NOTICE pursuant to the defendants' 7 , 9 , 10 and 11 unopposed motions herein, directing that plaintiff show cause in writing by 12/14/2015 as to why this civil action should not be dismissed for failure to prosecute pursuant to Rule 41(b); plaintiffs are given NOTICE that their failure to show cause in writing by the specified date will result in dismissal of this action with prejudice. Signed by Judge Thomas E. Johnston on 12/3/2015. (cc: counsel of record; any unrepresented party) (taq)
LREF
Blank 13 Filed: 10/26/2015, Entered: None Court Filing
ORDER AND NOTICE: Rule 12(b) Motions 11/27/2015. Rule 26(f) Meeting 12/28/2015. Last day to file report of Rule 26(f) Meeting 1/4/2016. Telephonic Scheduling Conference at 10:30 AM on 1/15/2016 in Charleston. Entry of Scheduling Order 1/25/2016. Last Day to make Rule 26(a)(1) disclosures 1/29/2016. Signed by Judge Thomas E. Johnston on 10/26/2015. (cc: counsel of record; any unrepresented party) (tmh)
LREF
Blank 12 Filed: 10/20/2015, Entered: None
MEMORANDUM OF LAW by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond in support of 11 MOTION by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond to Dismiss 1 Complaint For Failure to Prosecute (Ruggier, Duane)
LREF
Blank 11 Filed: 10/20/2015, Entered: None
MOTION by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond to Dismiss 1 Complaint For Failure to Prosecute (Ruggier, Duane) (Modified on 10/20/2015 to add link to #1 complaint) (skh).
LREF
Blank 10 Filed: 10/20/2015, Entered: None
SECOND MOTION by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond to Strike any pleading of Plaintiff responsive to Defendants' previously filed 9 Motion to Strike (Ruggier, Duane)
LREF
Blank 9 Filed: 10/2/2015, Entered: None
MOTION by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond to Strike any Pleading of Plaintiff Responsive to Defendants' 7 Motion to Dismiss and/or 8 Memorandum in Support (Ruggier, Duane) (Modified on 10/2/2015 to add link to #7 motion and #8 memorandum) (skh).
LREF
Blank 8 Filed: 8/31/2015, Entered: None
MEMORANDUM OF LAW by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond in support of 7 MOTION by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond to Dismiss 1 Complaint (Ruggier, Duane)
LREF
Blank 7 Filed: 8/31/2015, Entered: None
MOTION by Phyllis Adkins, David L. Burroway, William Davis, James Frye, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond to Dismiss 1 Complaint (Ruggier, Duane)
LREF
Blank 6 Filed: 8/6/2015, Entered: None
SUMMONS SUBMITTED by Tayna Lardieri, J. M. for Logan County Board of Education, re: 1 Complaint (White, Benjamin) (Modified on 8/6/2015 to note summons was previously issued at docket entry 5 ) (skh)
LREF
Blank 5 Filed: 8/6/2015, Entered: None
ELECTRONIC SUMMONS ISSUED as to Logan County Board of Education, Phyllis Adkins, William Davis, Mark McGrew, Pat J. White, James Frye, Wilma Zigmond, Ernestine Sutherland, David L. Burroway, Howard Rockhold, Anita Gore, Christopher Marcus, Logan Middle School, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint 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). (Attachments: # 1 Summons - Phyllis Adkins, # 2 Summons - William Davis, # 3 Summons - Mark McGrew, # 4 Summons - Dr. Pat J. White, # 5 Summons - James Frye, # 6 Summons - Wilma Zigmond, # 7 Summons - Ernestime Sutherland, # 8 Summons - David L. Burroway, # 9 Summons - Howard Rockhold, # 10 Summons Anita Gore, # 11 Summons - Christopher Marcus, # 12 Summons - Logan Middle School) (skh)
LREF
Blank 4 Filed: 8/6/2015, Entered: None
SUMMONS SUBMITTED by Tayna Lardieri, J. M. for Phyllis Adkins, David L. Burroway, William Davis, Anita Gore, Logan County Board of Education, Logan Middle School, Christopher Marcus, Mark McGrew, Howard Rockhold, Ernestine Sutherland, Pat J. White, Wilma Zigmond , re: 1 Complaint (Attachments: # 1 Summons - Logan County Board of Education, # 2 Summons - Logan Middle School, # 3 Summons - Christopher Marcus, # 4 Summons - Howard Rockhold, # 5 Summons - David L. Burroway, # 6 Summons - Ernestine Sutherland, # 7 Summons - Wilma Zigmond, # 8 Summons - Pat J. White, # 9 Summons - Mark McGrew, # 10 Summons - Phyllis Adkins, # 11 Summons - William Davis)(White, Benjamin)
LREF
Blank 3 Filed: 8/6/2015, Entered: None
SUMMONS SUBMITTED by Tayna Lardieri, J. M. for James Frye, re: 1 Complaint (White, Benjamin)
LREF
Legal Document (Payment Possibly Required) 2 Filed: 4/16/2015, Entered: None Court Filing
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED MAY 7, 2014. Discovery referred to Magistrate Judge Tinsley. (cc:attys; any unrepresented party) (tmh)
Request RequestSpace LREF
Blank 1 Filed: 4/15/2015, Entered: None
COMPLAINT. Filing Fee $400.00. Receipt # CHAR009164. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt) (tmh) (Entered: 04/16/2015)
LREF

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