Barnwell v. Lexington School District One, et al
| South Carolina District Court | |
| Judge: | Sherri A Lydon |
| Case #: | 3:23-cv-00583 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Feb 13, 2023 |
| Last checked: Saturday Aug 12, 2023 7:06 AM EDT |
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Defendant
Lexington School District One
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Represented By
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Defendant
South Carolina Department of Education
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Represented By
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Defendant
Nicole Livingston
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Represented By
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Defendant
Gerrita Postlewait
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Represented By
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Defendant
Jacob Smith
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Represented By
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Plaintiff
Fynale Barnwell
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Represented By
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Plaintiff
Shavell Barnwell
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Represented By
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| 1. | School District Sued Over Handling of Student's Pledge of Allegiance Protest (nytimes.com) |
| Submitted Tue 03/14/2023 | |
| Docket last updated: 12/02/2024 11:59 PM EST |
| Thursday, September 19, 2024 | ||
| 43 | 43
order
Scheduling Order ~Util - Terminate Motions
Thu 09/19 11:32 AM
SECOND AMENDED CONFERENCE AND SCHEDULING ORDER: Plaintiffs' ID of Expert Witness due by 11/27/2024, Defendants' ID of Expert Witnesses Due by 12/30/2024, Discovery due by 2/17/2025, Motions due by 3/14/2025, Rule 26(a)(3) Disclosures due by 4/25/2025, Mediation Due by 3/2/2025, case to be called during August 2025 term of court. (Motion granted : 39 Second MOTION to Amend/Correct 35 Scheduling Order) Signed by Honorable Sherri A. Lydon on 9/19/2024. (apsn) |
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| Monday, August 26, 2024 | ||
| 41 | 41
respm
Reply to Response to Motion
Mon 08/26 2:26 PM
REPLY to Response to Motion re36 First MOTION for Judgment on the Pleadings Response filed by Lexington School District One, Nicole Livingston, Jacob Smith. (Duff, David) |
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| Monday, August 19, 2024 | ||
| 40 | 40
respm
Response in Opposition to Motion
Mon 08/19 8:41 AM
RESPONSE in Opposition re36 First MOTION for Judgment on the Pleadings Response filed by Fynale Barnwell, Shavell Barnwell.Reply to Response to Motion due by 8/26/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bailey, Tyler) |
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| Monday, August 05, 2024 | ||
| 39 | 39
motion
Amend/Correct
Mon 08/05 12:25 PM
Second MOTION to Amend/Correct35 Scheduling Order, by Lexington School District One, Nicole Livingston, Jacob Smith. Response to Motion due by 8/19/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Duff, David) |
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| 38 | 38
order
Order on Motion for Extension of Time to File Response/Reply
Mon 08/05 11:24 AM
TEXT ORDER granting 37 Motion for Extension of Time to File Response/Reply as to 36 First MOTION for Judgment on the Pleadings. Signed by the Honorable Sherri A. Lydon on August 5, 2024.(ahil) |
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| 37 | 37
motion
Extension of Time to File Response/Reply
Mon 08/05 9:44 AM
First MOTION for Extension of Time to File Response/Reply as to36 First MOTION for Judgment on the Pleadings by Fynale Barnwell, Shavell Barnwell. Response to Motion due by 8/19/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bailey, Tyler) |
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| Monday, July 29, 2024 | ||
| 36 | 36
motion
Judgment on the Pleadings
Mon 07/29 4:46 PM
First MOTION for Judgment on the Pleadings by Lexington School District One, Nicole Livingston, Jacob Smith. Response to Motion due by 8/12/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Lyon, David) |
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Att: 1
Memo in Support
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| Wednesday, March 27, 2024 | ||
| 35 | 35
order
Scheduling Order
Wed 03/27 1:31 PM
AMENDED CONFERENCE AND SCHEDULING ORDER Motions to Amend Pleadings due by 7/5/2024, Plaintiffs' ID of Expert Witness due by 9/27/2024, Defendants' ID of Expert Witnesses Due by 10/29/2024, Discovery due by 12/17/2024, Motions due by 1/14/2025, Rule 26(a)(3) Disclosures due by 2/25/2025, case to be called during the June 2025 term of court, and Mediation Due by 1/2/2025. Signed by the Honorable Sherri A. Lydon on March 27, 2024. (ahil) |
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| Tuesday, March 26, 2024 | ||
| 34 | 34
discov
Rule 26(f) Report
Tue 03/26 3:22 PM
Joint Rule 26(f) Report by Lexington School District One, Nicole Livingston, Jacob Smith.(Lyon, David) |
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| 33 | 33
discov
Local Rule 26.03 Answers to Interrogatories
Tue 03/26 10:25 AM
Local Rule 26.03 Answers to Interrogatories by Lexington School District One, Nicole Livingston, Jacob Smith.(Lyon, David) |
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| Monday, March 25, 2024 | ||
| 32 | 32
discov
Rule 26(f) Report
Mon 03/25 5:51 PM
Rule 26 Outline of Discovery Plan by Fynale Barnwell, Shavell Barnwell, Lexington School District One, Nicole Livingston, Jacob Smith. Refiled by Clerk to correct filing event.(ahil) |
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| 31 | 31
discov
Local Rule 26.03 Answers to Interrogatories
Mon 03/25 4:44 PM
Local Rule 26.03 Answers to Interrogatories by Fynale Barnwell, Shavell Barnwell.(Bailey, Tyler) |
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| Tuesday, March 05, 2024 | ||
| 30 | 30
answer
Answer to Amended Complaint
Tue 03/05 4:52 PM
ANSWER to15 Amended Complaint by Lexington School District One.(Lyon, David) |
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| Tuesday, February 20, 2024 | ||
| 29 | 29
order
Scheduling Order
Tue 02/20 3:12 PM
CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 3/11/2024, Rule 26 Report due by 3/25/2024, Motions to Amend Pleadings due by 5/6/2024, Plaintiffs' ID of Expert Witness due by 5/30/2024, Defendants' ID of Expert Witnesses Due by 7/1/2024, Discovery due by 8/19/2024, Motions due by 9/3/2024, Rule 26(a)(3) Disclosures due by 10/28/2024, case to be called during the November 2024 term of court, and Mediation Due by 9/16/2024. Signed by the Honorable Sherri A. Lydon on January 20, 2024. (ahil) |
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| 28 | 28
30+
pgs
order
Order ~Util - Terminate Motions ~Util - Add and Terminate Parties
Tue 02/20 2:40 PM
ORDER re 17 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to First Amended Complaint and 18 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint. The Court grants SCDOE's motion to dismiss, ECF No. 17 , in its entirety, and grants in part and denies in part the District Defendant' motion to dismiss, ECF No. 18 . Signed by the Honorable Sherri A. Lydon on February 20, 2024. (ahil) |
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| Wednesday, April 26, 2023 | ||
| 24 | 24
respm
Reply to Response to Motion
Wed 04/26 7:30 PM
REPLY to Response to Motion re18 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint Response filed by Lexington School District One, Nicole Livingston, Gerrita Postlewait, Jacob Smith. (Lyon, David) |
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| Tuesday, April 25, 2023 | ||
| 22 | 22
notice
Notice of Appearance
Tue 04/25 3:42 PM
NOTICE of Appearance by Sara Bunge on behalf of South Carolina Department of Education (Bunge, Sara) |
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| 21 | 21
respm
Reply to Response to Motion
Tue 04/25 3:41 PM
REPLY to Response to Motion re17 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to First Amended Complaint Response filed by South Carolina Department of Education. (Bunge, Sara) |
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| Wednesday, April 19, 2023 | ||
| 20 | 20
respm
Response in Opposition to Motion
Wed 04/19 10:00 AM
RESPONSE in Opposition re17 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to First Amended Complaint Response filed by Fynale Barnwell, Shavell Barnwell.Reply to Response to Motion due by 4/26/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bailey, Tyler) |
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| 19 | 19
respm
Response in Opposition to Motion
Wed 04/19 9:59 AM
RESPONSE in Opposition re18 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint Response filed by Fynale Barnwell, Shavell Barnwell.Reply to Response to Motion due by 4/26/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bailey, Tyler) |
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| Wednesday, April 05, 2023 | ||
| 18 | 18
motion
Dismiss for Failure to State a Claim
Wed 04/05 5:41 PM
Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint by Lexington School District One. Response to Motion due by 4/19/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Lyon, David) |
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Att: 1
Memo in Support Memo In Support of MTD
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| 17 | 17
motion
Dismiss for Failure to State a Claim
Wed 04/05 4:12 PM
Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to First Amended Complaint by South Carolina Department of Education. Response to Motion due by 4/19/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Frawley, Patrick) |
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| Wednesday, March 22, 2023 | ||
| 15 | 15
cmp
Amended Complaint
Wed 03/22 6:02 PM
AMENDED COMPLAINT against All Defendants, filed by Fynale Barnwell, Shavell Barnwell. Service due by 6/20/2023 (Bailey, Tyler) |
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| Wednesday, March 15, 2023 | ||
| 13 | 13
discov
Local Rule 26.01 Answers to Interrogatories
Wed 03/15 6:07 PM
Local Rule 26.01 Answers to Interrogatories by Lexington School District One, Nicole Livingston, Gerrita Postlewait, Jacob Smith.(Lyon, David) |
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| 12 | 12
motion
Dismiss
Wed 03/15 3:37 PM
First MOTION to Dismiss by Lexington School District One, Nicole Livingston, Gerrita Postlewait, Jacob Smith. Response to Motion due by 3/29/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Lyon, David) |
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Att: 1
Memo in Support Memo In Support of MTD
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| 11 | 11
notice
Notice of Appearance
Wed 03/15 3:34 PM
NOTICE of Appearance by David Nelson Lyon on behalf of Lexington School District One, Nicole Livingston, Gerrita Postlewait, Jacob Smith (Lyon, David) |
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| Friday, March 10, 2023 | ||
| 10 | 10
discov
Local Rule 26.01 Answers to Interrogatories
Fri 03/10 12:50 PM
Local Rule 26.01 Answers to Interrogatories by South Carolina Department of Education.(Frawley, Patrick) |
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| 9 | 9
motion
Dismiss for Failure to State a Claim
Fri 03/10 12:49 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by South Carolina Department of Education. Response to Motion due by 3/24/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Frawley, Patrick) |
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Att: 1
Memo in Support Memo in Support of Motion to Dismiss
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| Monday, February 13, 2023 | ||
| 8 | 8
service
Summons Issued
Mon 02/13 3:03 PM
Summons Issued as to GERRITA POSTLEWAIT. (ahil) |
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| 7 | 7
service
Summons Issued
Mon 02/13 3:02 PM
Summons Issued as to JACOB SMITH. (ahil) |
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| 6 | 6
service
Summons Issued
Mon 02/13 3:01 PM
Summons Issued as to South Carolina Department of Education. (ahil) |
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| 5 | 5
service
Summons Issued
Mon 02/13 2:58 PM
Summons Issued as to NICOLE LIVINGSTON. (ahil) |
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| 4 | 4
service
Summons Issued
Mon 02/13 2:58 PM
Summons Issued as to Lexington School District One. (ahil) |
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| 3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Mon 02/13 2:57 PM
Local Rule 26.01 Answers to Interrogatories by Fynale Barnwell, Shavell Barnwell.(ahil) |
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| 1 | 1
26
pgs
cmp
Complaint
Mon 02/13 2:55 PM
COMPLAINT against NICOLE LIVINGSTON, Lexington School District One, GERRITA POSTLEWAIT, JACOB SMITH, South Carolina Department of Education (Filing fee $ 402 receipt number ASCDC-10940442.), filed by Fynale Barnwell, Shavell Barnwell. Service due by 5/15/2023.(ahil) |
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