Kearney v. Western Carolina University et al

North Carolina Western District Court
Judge:	Martin Reidinger
Referred:	David S Cayer
Case #:	1:20-cv-00100
Nature of Suit	448 Civil Rights - Education
Cause	42:2000 Job Discrimination (Sex)

Case Filed:	Apr 24, 2020
Terminated:	Aug 27, 2021

Last checked: Wednesday Oct 21, 2020 5:02 AM EDT

Defendant University of North Carolina	Represented By Zachary A. Padget Assistant Deputy Attorney General contact info
Defendant Western Carolina University	Represented By Zachary A. Padget Assistant Deputy Attorney General contact info
Plaintiff Heather Kearney	Represented By Jonathan Wall Higgins Benjamin, PLLC contact info Danya Keller Newkirk Zwagerman, P.L.C. contact info Thomas A. Newkirk Newkirk Zwagerman, P.L.C. contact info

Docket last updated: 02/06/2025 11:59 PM EST

Friday, November 05, 2021
37		37 appeal Mandate - USCA Fri 11/05 4:14 PM RULE 42(b) MANDATE of USCA as to34 Notice of Appeal,. 21-2085 (ejb) Related: [-]
		Att: 1 USCA Rule 42(b) Order Dismissing Appeal
Monday, October 04, 2021
36		36 appeal Case Number - Court of Appeals Mon 10/04 11:45 AM USCA Case Number 21-2085 for34 Notice of Appeal, USCA Case Manager: Marcy E. Beall. (hms) Related: [-]
Wednesday, September 29, 2021
35		35 appeal Transmission of Notice of Appeal to USCA Wed 09/29 10:13 AM Transmission of Notice of Appeal to US Court of Appeals re34 Notice of Appeal. (rhf) Related: [-]
Monday, September 27, 2021
34		34 appeal Notice of Appeal Mon 09/27 6:25 PM NOTICE OF APPEAL by Heather Kearney. Filing fee $ 505, receipt number ANCWDC-5240616. Use this link www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Wall, Jonathan) Related: [-]
Friday, August 27, 2021
33		33 1 pgs order Judgment - Clerk Fri 08/27 10:50 AM CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 8/27/2021. Signed by Clerk, Frank G. Johns on 8/27/2021. Signed by Chief Judge Martin Reidinger on 8/27/2021. (rhf) Related: [-]
32		32 5 pgs order Order on Memorandum and Recommendations Order on Motion for Leave to File Order on Motion to Dismiss Fri 08/27 10:36 AM ORDER that the Plaintiff's Objections Doc. 26 are overruled; the Magistrate Judge's Memorandum and Recommendation Doc. 24 is ACCEPTED; the Defendant's Motion to Dismiss the Amended Complaint Doc. 19 is GRANTED; and the Plaintiff's claims are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Plaintiff's Motion for Leave to File a Second Amended Complaint Doc. 27 is DENIED. Signed by Chief Judge Martin Reidinger on 8/27/2021. (rhf) Related: [-]
Monday, April 12, 2021
31		31 9 pgs respm Reply to Response to Motion Mon 04/12 11:30 PM REPLY to Response to Motion re27 MOTION for Leave to File Second Amended Complaint by Heather Kearney. (Wall, Jonathan) Related: [-]
Monday, April 05, 2021
30		30 respm Response to Motion Mon 04/05 6:38 PM RESPONSE to Motion re27 MOTION for Leave to File Second Amended Complaint by University of North Carolina, Western Carolina University. Replies due by 4/12/2021 (Padget, Zachary) Related: [-]
Friday, March 26, 2021
29		29 respoth Reply to Objection to Memorandum and Recommendation Fri 03/26 10:20 AM REPLY to Objection to24 Memorandum and Recommendations by University of North Carolina, Western Carolina University. (Padget, Zachary) Related: [-]
Monday, March 22, 2021
28		28 12 pgs respm Memorandum in Support of Motion Mon 03/22 3:12 PM MEMORANDUM in Support re27 MOTION for Leave to File Second Amended Complaint by Heather Kearney. (Wall, Jonathan) Related: [-]
27		27 motion Leave to File Document Mon 03/22 3:12 PM MOTION for Leave to File Second Amended Complaint by Heather Kearney. Responses due by 4/5/2021 (Wall, Jonathan) Related: [-]
		Att: 1 Exhibit 1-2ndAmComplaint,
		Att: 2 Exhibit 1-A,
		Att: 3 Exhibit 1-B,
		Att: 4 Exhibit 2-Redlined2ndAmComplaint
Friday, March 12, 2021
26		26 22 pgs respoth Objection to Memorandum and Recommendations Fri 03/12 8:56 PM OBJECTION to24 ,19 Memorandum and Recommendations by Heather Kearney. Replies due by 3/26/2021(Wall, Jonathan) Related: [-]
		Att: 1 Exhibit A (Parker case)
Friday, March 05, 2021
25		25 motion Extension of Time Fri 03/05 4:43 PM MOTION for Extension of Time to File Objections to Memorandum and Recommendation by Heather Kearney. Responses due by 3/19/2021 (Wall, Jonathan) Related: [-]
		order Order on Motion for Extension of Time Fri 03/05 4:48 PM TEXT-ONLY ORDER granting 25 Motion for Extension of Time to file Objections to M&R Objections to M&R due by 3/12/2021 Text of Order: The Plaintiff's Motion is GRANTED, and the Plaintiff shall have an additional four (4) days, through and including March 12, 2021, within which to file objections to the Memorandum and Recommendation. So Ordered. Entered by Chief Judge Martin Reidinger on 3/5/21. (LMR) Related: [-]
Monday, February 22, 2021
24		24 8 pgs motion Memorandum and Recommendations Mon 02/22 6:54 PM MEMORANDUM AND RECOMMENDATION on 19 MOTION to Dismiss Plaintiff's Amended Complaint filed by Western Carolina University, University of North Carolina. Objections to M&R due by 3/8/2021. Signed by Magistrate Judge David S. Cayer on 2/22/2021. (mek) Related: [-]
Friday, January 22, 2021
23		23 respm Reply to Response to Motion Fri 01/22 11:37 AM REPLY to Response to Motion re19 MOTION to Dismiss Plaintiff's Amended Complaint by University of North Carolina, Western Carolina University. (Padget, Zachary) Related: [-]
Friday, January 15, 2021
22		22 15 pgs respm Memorandum in Opposition to Motion Fri 01/15 5:52 PM MEMORANDUM in Opposition re19 MOTION to Dismiss Plaintiff's Amended Complaint by Heather Kearney. Replies due by 1/22/2021 (Wall, Jonathan) Related: [-]
Friday, January 01, 2021
21		21 motion Extension of Time Fri 01/01 5:54 PM MOTION for Extension of Time to File Response/Reply re:19 MOTION to Dismiss Plaintiff's Amended Complaint by Heather Kearney. Responses due by 1/15/2021 (Wall, Jonathan) Related: [-]
		Att: 1 Proposed Order Proposed Order
		order Order on Motion for Extension of Time Fri 01/01 6:37 PM TEXT-ONLY ORDER granting 21 Motion for Extension of Time to File Response/Reply re 19 MOTION to Dismiss Plaintiff's Amended Complaint. Responses due by 1/15/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/1/2021. (DLG) Related: [-]
Friday, December 18, 2020
20		20 15 pgs respm Memorandum in Support of Motion Fri 12/18 10:20 AM MEMORANDUM in Support re19 MOTION to Dismiss Plaintiff's Amended Complaint by University of North Carolina, Western Carolina University. (Padget, Zachary) Related: [-]
19		19 motion Dismiss Fri 12/18 10:19 AM MOTION to Dismiss Plaintiff's Amended Complaint by University of North Carolina, Western Carolina University. Responses due by 1/4/2021 (Padget, Zachary) Related: [-]
Friday, December 04, 2020
18		18 30+ pgs cmp Amended Complaint Fri 12/04 2:00 PM AMENDED COMPLAINT (First) with Jury Demand against All Defendants, filed by Heather Kearney.(Wall, Jonathan) Related: [-]
		Att: 1 2 pgs Exhibit A RTS letter,
		Att: 2 13 pgs Exhibit B - Contract
Tuesday, December 01, 2020
17		17 2 pgs order Order ~Util - Terminate Motions ~Util - Set Deadlines Tue 12/01 10:47 AM ORDER granting Plaintiff's 14 "Motion for Leave to File First Amended Complaint." Plaintiff shall file her First Amended Complaint within 5 days of this Order. Defendant's 11 "Motion to Dismiss Plaintiff's Complaint is administratively DENIED as moot without prejudice. (Amended Pleadings due by 12/7/2020.) Signed by Magistrate Judge David S. Cayer on 12/1/2020. (khm) Related: [-]
Monday, November 30, 2020
16		16 respm Response in Opposition to Motion Mon 11/30 9:33 PM RESPONSE in Opposition re11 MOTION to Dismiss Plaintiff's Complaint by Heather Kearney. Replies due by 12/7/2020 (Wall, Jonathan) Related: [-]
15		15 4 pgs respm Memorandum in Support of Motion Mon 11/30 9:31 PM MEMORANDUM in Support re14 Consent MOTION for Leave to File First Amended Complaint by Heather Kearney. (Wall, Jonathan) Related: [-]
14		14 motion Leave to File Document Mon 11/30 9:30 PM Consent MOTION for Leave to File First Amended Complaint by Heather Kearney. Responses due by 12/14/2020 (Wall, Jonathan) Related: [-]
		Att: 1 Exhibit 1 - First Amended Complaint
Thursday, October 22, 2020
13		13 motion Extension of Time Thu 10/22 11:48 AM MOTION for Extension of Time to File Response/Reply re:11 MOTION to Dismiss Plaintiff's Complaint by Heather Kearney. Responses due by 11/5/2020 (Wall, Jonathan) Related: [-]
		Att: 1 Proposed Order
		order Order on Motion for Extension of Time Thu 10/22 12:32 PM TEXT-ONLY ORDER granting 13 Motion for Extension of Time to File Response/Reply re 11 MOTION to Dismiss Plaintiff's Complaint. Responses due by 11/29/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/22/2020. (DLG) Related: [-]
Friday, October 16, 2020
12		12 22 pgs respm Memorandum in Support of Motion Fri 10/16 3:28 PM MEMORANDUM in Support re11 MOTION to Dismiss Plaintiff's Complaint by University of North Carolina, Western Carolina University. (Padget, Zachary) Related: [-]
11		11 motion Dismiss Fri 10/16 3:24 PM MOTION to Dismiss Plaintiff's Complaint by University of North Carolina, Western Carolina University. Responses due by 10/30/2020 (Padget, Zachary) Related: [-]
Tuesday, September 01, 2020
10		10 motion Extension of Time Tue 09/01 2:56 PM MOTION for Extension of Time to Answer re:1 Complaint by University of North Carolina, Western Carolina University. (Padget, Zachary) Related: [-]
		Att: 1 Proposed Order
		order Order on Motion for Extension of Time Tue 09/01 3:19 PM TEXT-ONLY ORDER granting 10 Motion for Extension of Time to Answer. Defendants' answer due 10/19/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/1/2020. (DLG) Related: [-]
Monday, August 17, 2020
		utility Case Assigned/Reassigned Mon 08/17 7:32 AM Case reassigned to Magistrate Judge David S. Cayer. Magistrate Judge W. Carleton Metcalf no longer assigned to the case due to conflict. This is your only notice - you will not receive a separate document. (thh) Related: [-]
Thursday, July 30, 2020
9		9 notice Notice of Appearance Thu 07/30 11:37 AM NOTICE of Appearance by Zachary A. Padget on behalf of University of North Carolina, Western Carolina University (Padget, Zachary) Related: [-]
Monday, July 20, 2020
8		8 service Waiver of Service Executed Mon 07/20 9:28 AM WAIVER OF SERVICE Returned Executed by Heather Kearney. University of North Carolina waiver sent on 7/20/2020, answer due 9/18/2020. (Newkirk, Thomas) Related: [-]
7		7 service Waiver of Service Executed Mon 07/20 9:26 AM WAIVER OF SERVICE Returned Executed by Heather Kearney. Western Carolina University waiver sent on 7/20/2020, answer due 9/18/2020. (Newkirk, Thomas) Related: [-]
Friday, May 01, 2020
6		6 service Summons Issued Fri 05/01 4:51 PM Summons Issued Electronically as to Western Carolina University, University of North Carolina. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb) Related: [-]
Tuesday, April 28, 2020
5		5 1 pgs order Order on Motion for Leave to Appear Pro Hac Vice Tue 04/28 3:40 PM ORDER granting 3 Motion for Leave to Appear Pro Hac Vice, added Thomas A. Newkirk for Heather Kearney. Signed by Magistrate Judge W. Carleton Metcalf on 4/28/2020. (ejb) Related: [-]
4		4 1 pgs order Order on Motion for Leave to Appear Pro Hac Vice Tue 04/28 3:20 PM ORDER granting 2 Motion for Leave to Appear Pro Hac Vice, added Danya Keller for Heather Kearney. Signed by Magistrate Judge W. Carleton Metcalf on 4/28/2020. (ejb) Related: [-]
		notice Notice - Out of State Counsel Tue 04/28 3:21 PM Notice to Attorney Danya Keller: Pursuant to Local Rule 83.1 you are required to Register for ECF at[LINK:www.ncwd.uscourts.gov] . Deadline by 5/5/2020. (ejb) Related: [-]
		notice Notice - Out of State Counsel Tue 04/28 3:49 PM Notice to Attorney Thoms A. Newkirk: Pursuant to Local Rule 83.1 you are required to Register for ECF at[LINK:www.ncwd.uscourts.gov] . Deadline by 5/5/2020. (ejb) Related: [-]
Saturday, April 25, 2020
3		3 motion Appear Pro Hac Vice - one motion per atty Sat 04/25 2:42 PM MOTION for Leave to Appear Pro Hac Vice as to Thomas A. Newkirk Filing fee $ 281, receipt number 0419-4472666. by Heather Kearney.(Wall, Jonathan) Related: [-]
		Att: 1 Exhibit A - Certificate of Good Standing
Friday, April 24, 2020
2		2 motion Appear Pro Hac Vice - one motion per atty Fri 04/24 6:22 PM MOTION for Leave to Appear Pro Hac Vice as to Danya Keller Filing fee $ 281, receipt number 0419-4472574. by Heather Kearney.(Wall, Jonathan) Related: [-]
		Att: 1 Exhibit A-Certificate of Good Standing
1		1 cmp Complaint Fri 04/24 6:05 PM COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-4472559), filed by Heather Kearney.(Wall, Jonathan) Related: [-]
		Att: 1 Exhibit A - EEOC RTS Letter,
		Att: 2 Exhibit B - Contract
		utility Case Assigned/Reassigned Fri 04/24 8:39 PM Case assigned to District Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the[LINK:Case Assignment Packet] . Motion referred to W. Carleton Metcalf:2 MOTION for Leave to Appear Pro Hac Vice as to Danya Keller, Filing fee $ 281, receipt number 0419-4472574. This is your only notice - you will not receive a separate document. (ejb) Related: [-]

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