Lumley v. Town of Knightdale, North Carolina

North Carolina Eastern District Court
Judge:	Louise Wood Flanagan
Case #:	5:23-cv-00663
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e Job Discrimination (Employment)

Case Filed:	Nov 17, 2023
Terminated:	Sep 23, 2024

Docket
Parties (2)

Last checked: Thursday May 16, 2024 6:15 AM EDT

Defendant Town of Knightdale, North Carolina	Represented By George J. Oliver Fox Rothschild LLP contact info Jeffrey R. Whitley Fox Rothschild LLP contact info
Plaintiff Tyrone Lumley	Represented By Brennan Tyler Brooks The Law Office Of B. Tyler Brooks, PLLC contact info

Docket last updated: 04/25/2025 11:59 PM EDT

Monday, September 23, 2024
23		23 1 pgs order Order on Motion to Stay Mon 09/23 5:00 PM O RDER granting 21 Consent Motion to Stay All Deadlines. Signed by District Judge Louise Wood Flanagan on 9/23/2024. (Collins, S) Related: [-]
		utility Motion Submitted Mon 09/23 3:24 PM Motion Submitted to District Judge Louise Wood Flanagan regarding21 Consent MOTION to Stay All Deadlines . (Collins, S) Related: [-]
Friday, September 20, 2024
22		22 2 pgs notice Notice of Voluntary Dismissal Fri 09/20 9:12 AM Notice of Voluntary Dismissal filed by Tyrone Lumley as to Town of Knightdale, North Carolina. (Brooks, Brennan) Related: [-]
Tuesday, September 10, 2024
21		21 motion Stay Tue 09/10 12:23 PM Consent MOTION to Stay All Deadlines filed by Tyrone Lumley. (Brooks, Brennan) Related: [-]
		Att: 1 Text of Proposed Order
Tuesday, August 06, 2024
20		20 7 pgs order Order ~Util - Set Deadlines Tue 08/06 10:48 AM INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Joint Report and Plan due by 9/10/24. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 8/6/24. (Collins, S) (Collins, S) Related: [-]
19		19 17 pgs order Order on Motion to Dismiss for Failure to State a Claim Tue 08/06 10:39 AM ORDER granting in part and denying in part 14 Motion to Dismiss for Failure to State a Claim. The stay of initial scheduling activities imposed February 23, 2024, is hereby LIFTED. An initial order on scheduling shall issue separately. Signed by District Judge Louise Wood Flanagan on 8/6/2024. (Collins, S) Related: [-]
Monday, May 27, 2024
18		18 notice Notice of Suggestion of Subsequent Authority Mon 05/27 11:42 PM Notice of Suggestion of Subsequently Controlling Decided Authority filed by Tyrone Lumley regarding Defendant's Motion to Dismiss D.E. 15 . (Brooks, Brennan) Related: [-]
		Att: 1 Exhibit A - Ringhofer v. Mayo Clinic, Ambulance,
		Att: 2 Exhibit B - Does 1-11 v. Bd. of Regents of the Univ. of Colo.
Thursday, May 02, 2024
		utility Motion Submitted Thu 05/02 12:32 PM Motion Submitted to District Judge Louise Wood Flanagan regarding14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Collins, S) Related: [-]
Tuesday, April 30, 2024
17		17 respm Reply to Response to Motion Tue 04/30 11:18 AM REPLY to Response to Motion regarding14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Town of Knightdale, North Carolina. (Whitley, Jeffrey) Related: [-]
Tuesday, April 16, 2024
16		16 respm Response in Opposition to Motion Tue 04/16 11:55 PM RESPONSE in Opposition regarding14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tyrone Lumley. (Brooks, Brennan) Related: [-]
		Att: 1 Exhibit A - Decl. of B. Tyler Brooks,
		Att: 2 Exhibit B - Jackson v. Tyson Foods 8th Cir. Docket Sheet,
		Att: 3 Exhibit C - Kiel v. Mayo Clinic 8th Cir. Docket Sheet
Tuesday, March 26, 2024
15		15 30+ pgs respoth Memorandum in Support Tue 03/26 1:58 PM Memorandum in Support regarding14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Town of Knightdale, North Carolina. (Whitley, Jeffrey) Related: [-]
14		14 motion Dismiss for Failure to State a Claim Tue 03/26 1:50 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Town of Knightdale, North Carolina. (Whitley, Jeffrey) Related: [-]
		Att: 1 Exhibit Exhibit 1 - Vaccine Policy,
		Att: 2 Exhibit Exhibit 2 - Religious Exemption Request Form,
		Att: 3 Exhibit Exhibit 3 - EEOC Charge
Thursday, March 14, 2024
		order Order on Motion to Dismiss Thu 03/14 9:36 AM TEXT ORDER - This matter comes now before the court upon defendant's motion to dismiss. DE 9 . As a general rule, 'an amended pleading ordinarily supersedes the original and renders it of no legal effect." Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001) (internal quotations omitted); see also 6 Charles Alan Wright, et al., Fed. Prac. & Proc. � 1476 (3d ed. 1998) ("A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified.... Once an amended pleading is interposed, the original pleading no longer performs any function in the case"). Where plaintiff amended his complaint as of right after defendant filed the instant motion, said motion, (DE 9), is DENIED as MOOT. Signed by District Judge Louise Wood Flanagan on 3/14/2024. (Collins, S) Related: [-]
Tuesday, March 12, 2024
13		13 respm Response in Opposition to Motion Tue 03/12 11:41 PM RESPONSE in Opposition regarding9 MOTION to Dismiss filed by Tyrone Lumley. (Brooks, Brennan) Related: [-]
12		12 cmp Amended Complaint Tue 03/12 11:31 PM AMENDED COMPLAINT against Town of Knightdale, North Carolina, filed by Tyrone Lumley. (Brooks, Brennan) Related: [-]
		Att: 1 Exhibit A - Right to Sue Letter
Friday, February 23, 2024
		order Text Order Fri 02/23 1:58 PM TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendant has filed a motion to dismiss, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motion filed 2/20/24. Signed by District Judge Louise Wood Flanagan on 2/23/2024. (Collins, S) Related: [-]
Tuesday, February 20, 2024
11		11 notice Notice of Appearance Tue 02/20 4:24 PM Notice of Appearance filed by Jeffrey R. Whitley on behalf of Town of Knightdale, North Carolina. (Whitley, Jeffrey) Related: [-]
10		10 30+ pgs respoth Memorandum in Support Tue 02/20 2:20 PM Memorandum in Support regarding9 MOTION to Dismiss filed by Town of Knightdale, North Carolina. (Oliver, George) Related: [-]
9		9 motion Dismiss Tue 02/20 2:18 PM MOTION to Dismiss filed by Town of Knightdale, North Carolina. (Oliver, George) Related: [-]
8		8 misc Financial Disclosure Statement Tue 02/20 2:15 PM Financial Disclosure Statement by Town of Knightdale, North Carolina (Oliver, George) Related: [-]
7		7 notice Notice of Appearance Tue 02/20 2:14 PM Notice of Appearance filed by George J. Oliver on behalf of All Defendants. (Oliver, George) Related: [-]
6		6 notice Notice of Appearance Tue 02/20 2:12 PM Notice of Appearance filed by George J. Oliver on behalf of Town of Knightdale, North Carolina. (Oliver, George) Related: [-]
Thursday, January 04, 2024
5		5 service Waiver of Service Executed Thu 01/04 11:15 AM Waiver of Service Returned Executed filed by Tyrone Lumley. Town of Knightdale, North Carolina waiver sent on 12/20/2023, answer due 2/18/2024. (Brooks, Brennan) Related: [-]
Friday, December 29, 2023
		utility Case Selected for Mediation Fri 12/29 3:22 PM Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S) Related: [-]
Tuesday, November 21, 2023
4		4 service Summons Issued Tue 11/21 3:11 PM Summons Issued as to Town of Knightdale, North Carolina. (NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.) (Rudd, D.) Related: [-]
Sunday, November 19, 2023
3		3 notice Notice of Appearance Sun 11/19 4:20 PM Notice of Appearance filed by Brennan Tyler Brooks on behalf of Tyrone Lumley. (Brooks, Brennan) Related: [-]
2		2 misc Financial Disclosure Statement Sun 11/19 2:29 PM Financial Disclosure Statement by Tyrone Lumley (Brooks, Brennan) Related: [-]
Friday, November 17, 2023
1		1 cmp Complaint Fri 11/17 8:46 PM COMPLAINT against Town of Knightdale, North Carolina ( Filing fee $ 402 receipt number BNCEDC-7363355.), filed by Tyrone Lumley. (Brooks, Brennan) Related: [-]
		Att: 1 Exhibit A - Right to Sue Letter,
		Att: 2 Civil Cover Sheet,
		Att: 3 Proposed Summons

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