Case details

Court: gand
Docket #: 3:13-cv-00002
Case Name: MILNER v. PIKE COUNTY BOARD OF EDUCATION et al
PACER case #: 190431
Date filed: 2013-01-04
Date terminated: 2013-08-06
Date of last filing: 2013-08-06
Assigned to: Judge Timothy C. Batten, Sr
Case Cause: 42:2000 Job Discrimination (Race)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
ODEAN K MILNER
Plaintiff
 
Judith Delus
Law Office of Judith Delus, P.A.
315 W. Ponce de Leon Ave.
Suite 1057
Decatur, GA 30030
678-653-1121
Email: Judith@JudithDelusPA.com
ATTORNEY TO BE NOTICED
Pike County Board of Education
Defendant
TERMINATED: 01/30/2013
GLENN HATCHETT
Defendant
Aide TERMINATED: 01/30/2013
LINDA TANNER
Defendant
TERMINATED: 01/30/2013
JEFF THARPE
Defendant
TERMINATED: 01/30/2013
SUSAN RIVERS
Defendant
Driver Evaluator, Pike County Board of Education TERMINATED: 01/30/2013
PATTI MORRISON
Defendant
Human Resources TERMINATED: 01/30/2013
KENNETH CARTER
Defendant
Finance, Pike County Board of Education TERMINATED: 01/30/2013
Fred Blackmon
Defendant
TERMINATED: 01/30/2013
John L. Wynn, Sr.
Defendant
TERMINATED: 01/30/2013
RYAN EDGE
Defendant
TERMINATED: 01/30/2013
William Bell
Defendant
TERMINATED: 01/30/2013
RODGER GREEN
Defendant
TERMINATED: 01/30/2013
April Byrd
Defendant
TERMINATED: 01/30/2013
CRYSTAL TALLMON
Defendant
Aide TERMINATED: 01/30/2013
JOHN AND OR JANE DOE
Defendant
Drivers TERMINATED: 01/30/2013
FRED BLACK
Defendant
Chairman, Pike County Board of Education TERMINATED: 01/30/2013
Pike Co. School District
Defendant
 
Hieu Minh Nguyen
Harben , Hartley & Hawkins, LLP
340 Jesse Jewell Parkway
Suite 750
Wells Fargo Center
Gainesville, GA 30501
770-534-7341
Email: hnguyen@hhhlawyers.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-12-18 1 0 COMPLAINT against All Defendants filed by ODEAN K MILNER. (Attachments: # 1 Dismissal and Notice of Rights, # 2 Civil Cover Sheet)(cma) [Transferred from Georgia Middle on 1/4/2013.] (Entered: 12/19/2012)
2012-12-18 2 0 MOTION and AFFIDAVIT for Leave to Proceed in forma pauperis filed by ODEAN K MILNER (Attachments: # 1 ERSGA letter to Plaintiff)(cma) [Transferred from Georgia Middle on 1/4/2013.] (Entered: 12/19/2012)
2012-12-19 3 0 Consent Form (28 USC 636(c)(1)) sent to ODEAN K MILNER (cma) [Transferred from Georgia Middle on 1/4/2013.] (Entered: 12/19/2012)
2012-12-21 4 0 ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 12/21/2012. (tlh) [Transferred from Georgia Middle on 1/4/2013.] (Entered: 12/21/2012)
2012-12-21 5 0 AMENDED COMPLAINT filed by ODEAN K MILNER. (Attachments: # 1 Civil Cover Sheet)(cma) [Transferred from Georgia Middle on 1/4/2013.] (Entered: 12/24/2012)
2013-01-03 6 0 ORDER VACATING 4 ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis and TRANSFERRING proceedings to the U.S. District Court for the Northern District of Georgia. Ordered by Judge Marc Thomas Treadwell on 1/3/2013. (tlh) [Transferred from Georgia Middle on 1/4/2013.] (Entered: 01/03/2013)
2013-01-04 7 0 Case transferred in from District of Georgia Middle; Case Number 5:12-cv-00506. Original file certified copy of transfer order and docket sheet received. (Entered: 01/04/2013)
2013-01-09 8 0 ORDER GRANTING In Forma Pauperis. Court will reserve ruling on the frivolity determination and permit plaintiff an opportunity to replead her claims. Clerk is DIRECTED to send plaintiff a new Title VII form complaint and plaintiff is ORDERED to replead her complaint within 14 days of the date of this Order to address deficiencies discussed within this order. Signed by Magistrate Judge Russell G. Vineyard on 1/9/13. (jlm) (Entered: 01/09/2013)
2013-01-23 9 0 AMENDED COMPLAINT against Pike Co. School District, filed by ODEAN K MILNER. (Attachments: # 1 Exhibit to Amended Complaint)(rsh) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/24/2013)
2013-01-30 10 0 REPORT AND RECOMMENDATION recommending Pla's Title VII race discrimination claim asserted in 9 Second Amended Complaint be DISMISSED because plaintiff has failed to state a plausible claim of race discrimination, but that plaintiff's age discrimination claim against defendant be allowed to proceed. It is further RECOMMENDED that if this Report and Recommendation is adopted, this action be returned to the undersigned for further proceedings, including the issuance of an Order regarding service of process. Signed by Magistrate Judge Russell G. Vineyard on 1/30/13. (rsh) (Entered: 01/30/2013)
2013-01-30 11 0 ORDER for Service of 10 Report and Recommendation, by Magistrate Judge Russell G. Vineyard. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Russell G. Vineyard on 1/30/13. (rsh) (Entered: 01/30/2013)
2013-02-13 12 0 OBJECTIONS to 10 Report and Recommendation filed by ODEAN K MILNER. (jlm) (Entered: 02/13/2013)
2013-02-26 13 0 ORDER adopting 10 Report and Recommendation as Order of the Court. Milner's Title VII race discrimination claim is DISMISSED as frivolous pursuant to 28 U.S.C. ยง 1915(e)(2). Further, this action is returned to the magistrate judge for further proceedings, including the issuance of an Order regarding service of process. Signed by Judge Timothy C. Batten, Sr on 2/26/13. (rsh) (Entered: 02/26/2013)
2013-02-28 14 0 ORDER allowing case to proceed as any other civil action. Plaintiff is directed to complete service forms and return to Clerk within 20 days. Upon receipt of forms, the Clerk is DIRECTED to prepare a service waiver package for each Defendant. In the event a Defendant does not return the Waiver of Service form to the Clerk of Court within Thirty-five(35) days following the date the service waiver package was mailed, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshal's Service a service package for each Defendant who failed to return the waiver form. Upon receipt of forms, the Clerk is directed to prepare and forward a service package to the USM for service on the defendant(s). Plaintiff is DIRECTED to serve upon defendants or their counsel a copy of every additional pleading or other document which is filed with the Clerk of the Court. Plaintiff is also REQUIRED to KEEP the Court and defendants advised of current address at all times during the pendency of this action. (Forms sent to party: USM 285; Summons; Initial Discls) Signed by Magistrate Judge Russell G. Vineyard on 2/28/13. (rsh) (Entered: 02/28/2013)
2013-03-19 15 0 Plaintiff's Initial Disclosures, by ODEAN K MILNER.(jlm) (Entered: 03/20/2013)
2013-03-19 16 0 MOTION to Appoint Counsel by ODEAN K MILNER. (jlm) (Entered: 03/20/2013)
2013-03-20 17 0 REQUEST FOR WAIVER of Service mailed to Pike County School District on 3/20/2013. If waiver not returned by 4/25/2013, prepare personal service package. (jlm) (Entered: 03/20/2013)
2013-03-20 18 0 ORDER DENYING plaintiff's 16 Motion to Appoint Counsel. Signed by Magistrate Judge Russell G. Vineyard on 3/20/13. (jlm) (Entered: 03/20/2013)
2013-04-22 19 0 WAIVER OF SERVICE Returned Executed by Pike Co. School District. Pike Co. School District waiver mailed on 3/20/2013, answer due 5/20/2013. (jlm) (Entered: 04/22/2013)
2013-05-17 20 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pike Co. School District. (Attachments: # 1 Exhibit A, # 2 Brief)(Nguyen, Hieu) (Entered: 05/17/2013)
2013-05-17 21 0 MOTION to Stay Proceedings Pending Resolution of Motion to Dismiss by Pike Co. School District. (Attachments: # 1 Text of Proposed Order)(Nguyen, Hieu) (Entered: 05/17/2013)
2013-05-22 23 0 NOTICE of Appearance by Judith Delus on behalf of ODEAN K MILNER (Delus, Judith) (Entered: 05/22/2013)
2013-05-22 24 0 Third AMENDED COMPLAINT against Pike County Board of Educationwith Jury Demand, filed by ODEAN K MILNER.(Delus, Judith) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/22/2013)
2013-05-31 25 0 Application for Leave of Absence for the following date(s): 5/23/13, 6/21/13 - 6/24/13, 9/5/13 - 9/8/13, 11/25/13 - 11/27/13 and 12/23/13 - 1/3/14, by Judith Delus. (jlm) (Entered: 05/31/2013)
2013-06-04 27 0 CERTIFICATE OF SERVICE re 28 Plaintiff's RESPONSE to defendant's 20 Motion to Dismiss and 21 Motion to Stay, filed by ODEAN K MILNER (Delus, Judith) Modified on 6/5/2013 (jlm). (Entered: 06/04/2013)
2013-06-04 28 0 Plaintiff's RESPONSE to defendants' 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 21 MOTION to Stay Proceedings Pending Resolution of Motion to Dismiss, filed by ODEAN K MILNER. (jlm) (Entered: 06/05/2013)
2013-06-05 29 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiff's Third Amended Complaint with Brief In Support by Pike Co. School District. (Attachments: # 1 Exhibit A, # 2 Brief)(Nguyen, Hieu) (Entered: 06/05/2013)
2013-06-05 30 0 MOTION to Stay pending Defendant's Renewed Motion to Dismiss Plaintiff's Third Amended Complaint by Pike Co. School District. (Attachments: # 1 Text of Proposed Order)(Nguyen, Hieu) (Entered: 06/05/2013)
2013-06-06 31 0 ORDER GRANTING 21 Motion to Stay; GRANTING 30 Motion to Stay and DENYING AS MOOT defendant's 20 Motion to Dismiss Second Amended Complaint. Parties obligations to comply with deadlines for Rule 26(f) conference, serving initial disclosures and filing a joint prelim report and discovery plan are STAYED pending a ruling on defendant's motion to dismiss plaintiff's third amended complaint. Clerk is DIRECTED to terminate reference to Magistrate Judge. Signed by Judge Timothy C. Batten, Sr on 6/6/13. (jlm) (Entered: 06/06/2013)
2013-06-11 36 0 Plaintiff's RESPONSE to 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiff's Third Amended Complaint, filed by ODEAN K MILNER. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Response, # 2 Certificate of Service, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C1, # 6 Exhibit C2)(jlm) (Entered: 06/11/2013)
2013-06-25 37 0 First MOTION to Supplement by ODEAN K MILNER. (Attachments: # 1 Exhibit)(Delus, Judith) (Entered: 06/25/2013)
2013-06-25 38 0 CERTIFICATE OF SERVICE re 37 First MOTION to Supplement filed by ODEAN K MILNER (Delus, Judith) (Entered: 06/25/2013)
2013-06-28 39 0 DEFENDANT'S REPLY to plaintiff's 36 Response to defendant's 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiff's Third Amended Complaint and DEFENDANT'S RESPONSE to plaintiff's 37 First MOTION to Supplement, filed by Pike Co. School District. (Attachments: # 1 Exhibit A)(Nguyen, Hieu) Modified on 6/28/2013 (jlm). (Entered: 06/28/2013)
2013-07-01 40 0 REPLY to Response to Motion re 37 First MOTION to Supplement filed by ODEAN K MILNER. (Delus, Judith) (Entered: 07/01/2013)
2013-07-01 41 0 CERTIFICATE OF SERVICE re 40 Reply to Response to Motion filed by ODEAN K MILNER (Delus, Judith) (Entered: 07/01/2013)
2013-08-06 42 0 ORDER granting 29 the Board's Motion to Dismiss Milner's complaint; granting 37 Milner's Motion to Supplement. Clerk directed to close case. Signed by Judge Timothy C. Batten, Sr on 8/6/13. (rsh) (Entered: 08/06/2013)
2013-08-06 43 0 CLERK'S JUDGMENT dismissing action on defendant's motion. (rsh)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 08/06/2013)