Spa v. Aiken/Barnwell Counties Community Action Agency, Inc.

South Carolina District Court
Judge:	Jacquelyn D Austin
Referred:	Shiva V Hodges
Case #:	1:24-cv-00031
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e Job Discrimination (Employment)

Case Filed:	Jan 03, 2024
Terminated:	May 22, 2024
Case in other court:	County of Aiken Court of Common Pleas, 2023-CP-02-02590

Docket
Parties (2)

Last checked: Monday Jul 01, 2024 4:45 AM EDT

Defendant Aiken/Barnwell Counties Community Action Agency, Inc.	Represented By David Nelson Lyon Duff Freeman Lyon LLC contact info David T Duff Duff Freeman Lyon LLC contact info
Plaintiff Rhonda Spa	Represented By James Paul Porter Cromer Babb And Porter LLC contact info Elizabeth Marie Bowen Cromer Babb And Porter LLC contact info

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

Monday, February 10, 2025
24		24 order Order on Motion to Set Aside Judgment Mon 02/10 9:09 AM TEXT ORDER denying 23 motion to set aside judgment. Plaintiff seeks to set aside this Court's judgment under Rule 60(b) of the Federal Rules of Civil Procedure, arguing that some of the cases that this Court relied on in dismissing Plaintiff's case on May 22, 2024, have since been overruled. Rule 60(b)'s plain language makes clear that subsections 1 through 5 do not justify setting aside a judgment for this reason. As for subsection 6, which concerns relieving a party from a final judgment for "any other reason that justifies relief," it is well established that a change in decisional law subsequent to a final judgment does not provide a basis for relief under Rule 60(b)(6). Dowell v. State Farm Fire Cas. Auto. Ins., 993 F.2d 46, 48 (4th Cir. 1993). Signed by the Honorable Jacquelyn D. Austin on February 10, 2025.(ahil) Related: [-]
Friday, February 07, 2025
23		23 motion Set Aside Judgment Fri 02/07 11:49 AM MOTION to Set Aside Judgment by Rhonda Spa. Response to Motion due by 2/21/2025. 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.(Bowen, Elizabeth) Related: [-]
Wednesday, May 22, 2024
22		22 misc Judgment Wed 05/22 7:40 AM JUDGMENT dismissing this action with prejudice. (ahil) Related: [-]
21		21 7 pgs order Order Ruling on Report and Recommendation Wed 05/22 7:36 AM OPINION ORDER RULING ON REPORT AND RECOMMENDATION for 12 Report and Recommendation and 5 Motion to Dismiss for Failure to State a Claim. The Court accepts the Report and Recommendation of the Magistrate Judge and incorporates it by reference. Thus, Defendant's motion to dismiss Doc. 5 is GRANTED and the action is DISMISSED with prejudice. Signed by the Honorable Jacquelyn D. Austin on May 22, 2024. (ahil) Related: [-]
Friday, April 26, 2024
19		19 respm Reply to Response to Motion Fri 04/26 3:11 PM REPLY to Response to Motion re12 REPORT AND RECOMMENDATION re5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aiken/Barnwell Counties Community Action Agency, Inc. Response filed by Aiken/Barnwell Counties Community Action Agency, Inc.. (Lyon, David) Related: [-]
Friday, April 12, 2024
18		18 respoth Objection to Report and Recommendation Fri 04/12 2:54 PM OBJECTION to12 Report and Recommendation by Rhonda Spa. Reply to Objections due by 4/26/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Porter, James) Related: [-]
Thursday, March 28, 2024
17		17 order Order ~Util - Set Deadlines ~Util - Terminate Motions Thu 03/28 5:09 PM TEXT ORDER granting 16 motion for extension. Plaintiff's response to the Courts Report and Recommendation is now due April 12, 2024. (Objections to R&R due by 4/12/2024) Signed by Honorable Jacquelyn D Austin on 3/28/2024. (cbru, ) Related: [-]
Wednesday, March 27, 2024
16		16 motion Extension of Time Wed 03/27 3:36 PM Consent MOTION for Extension of Time to File Objections to Report and Recommendation by Rhonda Spa. Response to Motion due by 4/10/2024. 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.(Porter, James) Related: [-]
Monday, March 11, 2024
15		15 order Order ~Util - Set Motion and R&R Deadlines/Hearings ~Util - Terminate Motions Mon 03/11 12:46 PM TEXT ORDER granting 14 motion for extension. Plaintiff's response to the Courts Report and Recommendation is now due on March 29, 2024. Signed by the Honorable Jacquelyn D. Austin on March 11, 2024. (ahil) Related: [-]
Friday, March 08, 2024
14		14 motion Extension of Time to File Response/Reply Fri 03/08 3:21 PM Consent MOTION for Extension of Time to File Response/Reply as to12 REPORT AND RECOMMENDATION re5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aiken/Barnwell Counties Community Action Agency, Inc. by Rhonda Spa. Response to Motion due by 3/22/2024. 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.(Porter, James) Related: [-]
Friday, March 01, 2024
13		13 misc Transfer of Case Management Fri 03/01 1:56 PM ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Jacquelyn D Austin. Any future filings must be sent to the Clerk's Office at the following address: Carroll A. Campbell, Jr. U.S. Courthouse, 250 East North Street, Greenville, SC 29601. (lbak) Related: [-]
12		12 motion Report and Recommendation Fri 03/01 1:54 PM REPORT AND RECOMMENDATION recommending the district judge grant Defendant's 5 motion to dismiss. Objections to R&R due by 3/15/2024. 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. Signed by Magistrate Judge Shiva V. Hodges on 3/1/2024. (lbak) Related: [-]
Wednesday, February 14, 2024
11		11 respm Reply to Response to Motion Wed 02/14 4:53 PM REPLY to Response to Motion re5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Aiken/Barnwell Counties Community Action Agency, Inc.. (Lyon, David) Related: [-]
Tuesday, February 13, 2024
10		10 misc Case Reassigned CV Tue 02/13 2:09 PM Case Reassigned to Judge Honorable Jacquelyn D Austin. Judge Honorable Mary Geiger Lewis no longer assigned to the case. (dist, ) Related: [-]
Wednesday, February 07, 2024
9		9 respm Response in Opposition to Motion Wed 02/07 4:37 PM RESPONSE in Opposition re5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Rhonda Spa.Reply to Response to Motion due by 2/14/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Bowen, Elizabeth) Related: [-]
		Att: 1 Exhibit Ex. 1 - January 19, 2022 and January 31, 2022 Meeting Minutes
Friday, January 19, 2024
8		8 order Order on Motion for Extension of Time to File Response/Reply Fri 01/19 1:28 PM TEXT ORDER granting 7 Motion for Extension of Time to File Response/Reply as to 5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response to Motion due by 2/7/2024. Signed by Magistrate Judge Shiva V. Hodges on 1/19/24. (vhor) Related: [-]
7		7 motion Extension of Time to File Response/Reply Fri 01/19 1:03 PM Consent MOTION for Extension of Time to File Response/Reply as to5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rhonda Spa. Response to Motion due by 2/2/2024. 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.Motions referred to Shiva V Hodges.(Porter, James) Related: [-]
Tuesday, January 16, 2024
6		6 discov Local Rule 26.01 Answers to Interrogatories Tue 01/16 1:00 PM Plaintiff's Local Rule 26.01 Answers to Interrogatories by Rhonda Spa.(Bowen, Elizabeth) Related: [-]
Wednesday, January 10, 2024
5		5 motion Dismiss for Failure to State a Claim Wed 01/10 2:15 PM First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Aiken/Barnwell Counties Community Action Agency, Inc.. Response to Motion due by 1/24/2024. 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.Motions referred to Shiva V Hodges.(Lyon, David) Related: [-]
		Att: 1 Memo in Support MOL.MTD,
		Att: 2 Exhibit Def Ex 1,
		Att: 3 Exhibit Def Ex 2
Wednesday, January 03, 2024
4		4 service Certificate of Service Thu 01/04 10:10 AM CERTIFICATE OF SERVICE by Aiken/Barnwell Counties Community Action Agency, Inc. re3 Local Rule 26.01 Answers to Interrogatories,1 Notice of Removal. (lbak) Related: [-]
3		3 discov Local Rule 26.01 Answers to Interrogatories Thu 01/04 10:09 AM Local Rule 26.01 Answers to Interrogatories by Aiken/Barnwell Counties Community Action Agency, Inc.. (lbak) Related: [-]
1		1 cmp Notice of Removal Thu 01/04 10:08 AM NOTICE OF REMOVAL from County of Aiken Court of Common Pleas, case number 2023-CP 02-02590 (Filing fee $ 405 receipt number ASCDC - 11507295), filed by Aiken/Barnwell Counties Community Action Agency, Inc.. (lbak) Related: [-]
		Att: 1 Exhibit A - State Court Documents,
		Att: 2 Exhibit B - Notice to Removal to State Court,
		Att: 3 Exhibit C - Notice to Plaintiff of Removal

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