Case: West Virginia Advocates v. Board of Educ of Monongalia County

1:05-cv-00089 | U.S. District Court for the Northern District of West Virginia

Filed Date: June 1, 2005

Clearinghouse coding in progress

Case Summary

A case summary is not yet available via the Clearinghouse.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5379875/parties/west-virginia-advocates-inc-v-board-of-education-of-monongalia-county/


Judge(s)

Stamp, Frederick Pfarr (West Virginia)

Attorney for Plaintiff

Gillooly, Thomas J. (West Virginia)

Koerber, Barry L. (West Virginia)

Attorney for Defendant

Ewing, Thomas H. (West Virginia)

Rubenstein, Harry M. (West Virginia)

Documents in the Clearinghouse

Documents in this case
1

1:05-cv-00089

Complaint

June 1, 2005

June 1, 2005

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5379875/west-virginia-advocates-inc-v-board-of-education-of-monongalia-county/

Last updated April 10, 2026, 4:54 a.m.

ECF Number Date Description Link
1 June 1, 2005

COMPLAINT against Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen (Filing fee $ 250. Receipt 47262), filed by West Virginia Advocates, Inc. (Copy IMK)(kd) (Entered: 06/01/2005)

Clearinghouse
2 June 1, 2005

MOTION for Temporary Restraining Order or Preliminary Injunction and Memorandum of Points and Authorities thereon by West Virginia Advocates, Inc. (Copy IMK) (kd) (Entered: 06/02/2005)

RECAP
June 1, 2005

Summons Issued as to Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (kd)

3 June 2, 2005

AFFIDAVIT of Todd Rundle by West Virginia Advocates, Inc. (Copy IMK) (kd) (Entered: 06/02/2005)

RECAP
4 June 2, 2005

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order or Preliminary Injunction filed by Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Copy IMK) (kd) (Entered: 06/02/2005)

RECAP
5 June 2, 2005

CERTIFICATE OF SERVICE by West Virginia Advocates, Inc. re 3 Affidavit served on 6/2/05. (kd) (Entered: 06/02/2005)

RECAP
10 June 3, 2005

Preliminary Injunction Hearing Witness and Exhibit List. (cjh, ) (Entered: 06/06/2005)

RECAP
June 3, 2005

Minute Entry for proceedings held before Judge Irene M. Keeley : Motion Hearing held on 6/3/2005 re 2 MOTION for Preliminary Injunction or Temporary Restraining Order filed by West Virginia Advocates, Inc. Written order to follow. (Court Reporter L. Bachman.) (cjh, )

6 June 6, 2005

SUMMONS Returned Executed by West Virginia Advocates, Inc. Board of Education of Monongalia County served on 6/2/2005, answer due 6/22/2005. (Attachments: # 1 Affidavit)(kd) (Entered: 06/06/2005)

RECAP
7 June 6, 2005

SUMMONS Returned Executed by West Virginia Advocates, Inc. Deedra J Lundeen served on 6/2/2005, answer due 6/22/2005. (Attachments: # 1 Affidavit)(kd) (Entered: 06/06/2005)

RECAP
8 June 6, 2005

SUMMONS Returned Executed by West Virginia Advocates, Inc. Janice Christopher served on 6/2/2005, answer due 6/22/2005. (Attachments: # 1 Affidavit)(kd) (Entered: 06/06/2005)

RECAP
9 June 6, 2005

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Copy IMK) (kd) (Entered: 06/06/2005)

RECAP
11 June 7, 2005

STATUS REPORT ORDER Status Report due by 6/15/2005. Signed by Judge Irene M. Keeley on 6/7/05. (Copy IMK, counsel of record)(kd) (Entered: 06/07/2005)

RECAP
12 June 10, 2005

Agreed MOTION for Extension of Time to File a status report by West Virginia Advocates, Inc., Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Copy IMK) (kd) (Entered: 06/10/2005)

RECAP
13 June 14, 2005

ORDER granting 12 Motion for Extension of Time to File status report . Signed by Judge Irene M. Keeley on 6/14/05. (Copy IMK, counsel of record) (kd) (Entered: 06/17/2005)

RECAP
14 June 20, 2005

ANSWER to Complaint by Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Copy IMK)(kd) (Entered: 06/20/2005)

RECAP
15 June 23, 2005

MOTION for Extension of Time to File Status Report by Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Copy IMK/with proposed order) (Attachments: # 1 Text of Proposed Order)(kd) (Entered: 06/23/2005)

RECAP
16 June 24, 2005

MOTION to Amend/Correct 1 Complaint by West Virginia Advocates, Inc. (Copy IMK) (Attachments: # 1 Exhibit First Amended Complaint)(kd) (Entered: 06/24/2005)

RECAP
17 June 24, 2005

ORDER granting 15 Motion for Extension of Time to File status report. Signed by Judge Irene M. Keeley on 6/24/05. (Copy IMK, counsel of record) (kd) (Entered: 06/24/2005)

RECAP
18 July 1, 2005

TRANSCRIPT of Proceedings held on June 3, 2005 before Judge Keeley. Court Reporter: Bachman. (Transcript available in the Clerk's Office) (kd) (Entered: 07/01/2005)

RECAP
19 July 5, 2005

RESPONSE in Opposition re 16 MOTION to Amend/Correct 1 Complaint filed by Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Copy IMK) (kd) (Entered: 07/05/2005)

RECAP
20 July 8, 2005

STATUS REPORT JOINT STATUS REPORT by West Virginia Advocates, Inc., Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Gillooly, Thomas) (Entered: 07/08/2005)

RECAP
21 July 11, 2005

STATUS REPORT ORDER: Second Status Report or alternatively presentation of a proposed consent order due by 7/19/2005. Signed by Judge Irene M. Keeley on 7/11/05. (Copy IMK, counsel of record)(kd) (Entered: 07/11/2005)

RECAP
22 July 19, 2005

STATUS REPORT by Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Ewing, Thomas) (Entered: 07/19/2005)

RECAP
23 July 19, 2005

STATUS REPORT July 19, 2005, by West Virginia Advocates, Inc.. (Gillooly, Thomas) (Entered: 07/19/2005)

RECAP
24 July 21, 2005

REPLY to Response to Motion re 16 MOTION to Amend/Correct 1 Complaint filed by West Virginia Advocates, Inc.. (Gillooly, Thomas) (Entered: 07/21/2005)

RECAP
25 July 21, 2005

First MOTION for Leave to File Supplemental Complaint with attached Proposed Supplemental Complaint by West Virginia Advocates, Inc.. (Gillooly, Thomas) (Entered: 07/21/2005)

RECAP
26 Aug. 3, 2005

RESPONSE in Opposition re 25 First MOTION for Leave to File Supplemental Complaint with attached Proposed Supplemental Complaint filed by Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Ewing, Thomas) (Entered: 08/03/2005)

RECAP
27 Aug. 3, 2005

REPLY to Response to Motion re 25 First MOTION for Leave to File Supplemental Complaint with attached Proposed Supplemental Complaint, 16 MOTION to Amend/Correct 1 Complaint filed by West Virginia Advocates, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motions to Amend, Supplement Complaint)(Gillooly, Thomas) (Entered: 08/03/2005)

RECAP
28 Aug. 16, 2005

ORDER Status Conference set for 8/19/2005 09:00 AM in Clarksburg District Courtroom, 2nd Floor before Chief Judge Irene M. Keeley. Signed by Judge Irene M. Keeley on 8/16/05. (Copy IMK, counsel of record)(kd) (Entered: 08/16/2005)

RECAP
29 Aug. 19, 2005

Minute Entry for proceedings held before Judge Irene M. Keeley : Motion Hearing held on 8/19/2005 re 25 First MOTION for Leave to File Supplemental Complaint with attached Proposed Supplemental Complaint filed by West Virginia Advocates, Inc., 16 MOTION to Amend/Correct 1 Complaint filed by West Virginia Advocates, Inc. (Court Reporter L. Bachman.) (cjh, ) (Entered: 08/19/2005)

RECAP
30 Aug. 19, 2005

ORAL ORDER granting 16 Motion to Amend/Correct, finding as moot 25 Motion for Leave to File. The Court Orders that plaintiff within 10 days filed amended complaint. (cjh, ) (Entered: 08/19/2005)

RECAP
31 Aug. 19, 2005

MEMORANDUM OPINION and Order. Signed by Judge Irene M. Keeley on 08/19/05. (Copy IMK, Counsel)(ms)

RECAP
32 Aug. 19, 2005

RESPONSE to Memorandum Opinion and Order by West Virginia Advocates, Inc. (Copy IMK) (ms) (Entered: 08/19/2005)

RECAP
33 Aug. 26, 2005

STATUS REPORT SECOND JOINT 8-25-05 by West Virginia Advocates, Inc., Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen. (Gillooly, Thomas) (Entered: 08/26/2005)

RECAP
34 Sept. 2, 2005

AMENDED DOCUMENT by West Virginia Advocates, Inc.. Amendment to 1 Complaint Integrated Amended Complaint. (Attachments: # 1 Exhibit Parental Consent)(Gillooly, Thomas) (Entered: 09/02/2005)

RECAP
35 Sept. 15, 2005

ORDER Scheduling hearing for September 16, 2005 at 11:00 a.m. Signed by Judge Irene M. Keeley on 9/15/05. (Copy IMK, counsel of record)(kd) (Entered: 09/15/2005)

RECAP
36 Sept. 16, 2005

Minute Entry for proceedings held before Judge Irene M. Keeley : Status Conference by telephone held on 9/16/2005. (Court Reporter L. Bachman.) (cjh, ) (Entered: 09/16/2005)

RECAP
37 Sept. 19, 2005

Defendants' ANSWER to Complaint (Amended Integrated) by Board of Education of Monongalia County, Janice Christopher, Deedra J Lundeen.(Ewing, Thomas) (Entered: 09/19/2005)

RECAP
38 Sept. 23, 2005

ORDER REASSIGNING CASE. Case reassigned to Judge Frederick P. Stamp, Jr for all further proceedings. Judge Irene M. Keeley no longer assigned to case. Signed by Judge Irene M. Keeley on 9/23/05. (Copy IMK, FPS, counsel of record)(kd) (Entered: 09/23/2005)

RECAP
39 Jan. 4, 2006

ORDER Scheduling Status Conference set for 1/11/2006 10:00 AM in Wheeling District Courtroom South before District Judge Frederick P. Stamp Jr.. Signed by Judge Frederick P. Stamp Jr. on 1/4/06. (mji, ) (Entered: 01/04/2006)

RECAP
40 Jan. 4, 2006

First MOTION to Continue January 11, 2006, Status Conference by West Virginia Advocates, Inc.. (Gillooly, Thomas) (Entered: 01/04/2006)

RECAP
41 Jan. 6, 2006

ORDER: Granting 40 Motion to Continue Status Conference; Status conference rescheduled for 1/18/2006 at 2:15 p.m. at Wheeling. Signed by Judge Frederick P. Stamp Jr. on 1/6/2006. (soa, ) (Entered: 01/06/2006)

RECAP
Jan. 6, 2006

Set/Reset Hearings: Status Conference rescheduled for 1/18/2006 at 02:15 PM in Judge Stamp Chambers before District Judge Frederick P. Stamp Jr., pursuant to 41 Order. (soa, )

42 Jan. 18, 2006

NOTICE (via FAX) of Substitution of Counsel of Barry L. Koerber on behalf of West Virginia Advocates, Inc. (in place of Thomas J. Gillooly). (copy to Judge) (soa, ) (Entered: 01/18/2006)

RECAP
43 Jan. 18, 2006

Minute Entry for proceedings held before Judge Frederick P. Stamp Jr.: Status Conference held on 1/18/2006. (Court Reporter Jennifer Vail-Kirkbride.) (mkj, ) (Entered: 01/18/2006)

RECAP
44 Jan. 18, 2006

ORDER: Status Conference set for 2/21/2006 01:15 PM in Judge Stamp Chambers before District Judge Frederick P. Stamp Jr. Signed by Judge Frederick P. Stamp Jr. on 1/18/2006. (soa, ) (Entered: 01/18/2006)

RECAP
45 Feb. 21, 2006

ORDER Vacating Status Conference set for 2/21/2006 at 1:15 p.m., and DISMISSING CASE With Prejudice; said case stricken from the active docket of the Court. Signed by Judge Frederick P. Stamp Jr. on 2/21/2006. (soa, ) (Entered: 02/21/2006)

RECAP

Case Details

State / Territory:

West Virginia

Case Type(s):

Disability Rights

Key Dates

Filing Date: June 1, 2005

Plaintiffs

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Defendants

Defendant Type(s):

Elementary/Secondary School

Case Details

Other Dockets:

Northern District of West Virginia 1:05-cv-00089

Issues

Disability and Disability Rights:

Mental impairment

P&A Associational Standing

Recommended Citation