IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION CASE NO. 2:12-CV-00016-F

MARY E. LYONS-FELTON , Plaintiff,
v. EDENTON-CHOWAN BOARD OF EDUCATION,
Defendant.

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STIPULATION OF DISMISSAL

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WITH PREJUDICE

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IT IS HEREBY STIP7ULATED AND AGREED, by and between the parties through

their undersigned counsel:

This action and all claims are hereby dismissed with prejudice with each party to bear its

own costs and expenses, including attorney’s fees. This 20th day of December, 2013.

For: PLAINTIFF

For: DEFENDANT

/s/ Robert H. Jessup, IV, Esq.

Robert H. Jessup, IV, Esq. (State Bar No. 42945)

B. Joan Davis (State Bar No. 17379)

Howard Stallings From & Hutson, P.A.

Post Office Box 12347

Raleigh, North Carolina 27605

Telephone: (919) 821-7700

Facsimile: (919) 821-7703

E-mail:

rhjessup855@gmail.com

E-mail:

jdavis@hsfh.com

/s/ Eva B. DuBuisson Eva B. DuBuisson (State Bar No. 36729) Daniel W. Clark (State Bar No. 015804) Tharrington Smith, L.L.P. Post Office Box 1151 Raleigh, North Carolina 27602-1151 Telephone: (919) 821-4711 Facsimile: (919) 829-1583 E-mail: edubuisson@tharringtonsmith.com E-mail: dclark@tharringtonsmith.com

Attorneys for Plaintiff

Attorneys for Defendant

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CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was duly served this date on counsel for all parties by electronically filing the foregoing with the Clerk of Court using the CM/ECF System which will send notification of the following to Defendant’s counsel who is identified immediately below.
Eva DuBuisson Tharrington Smith, LLP 209 Fayetteville Street
P.O. Box 1151 Raleigh, North Carolina 27602 This 20th day of December, 2013.
HOWARD, STALLINGS, FROM & HUTSON, P.A. By:__/s/ Robert H. Jessup_IV________ Robert H. Jessup IV (State Bar No. 42945) B. Joan Davis (State Bar No.: 17379) Russell W. Johnson (State Bar No.: 32751) 5410 Trinity Road, Suite 210 Raleigh, N.C. 27607 Telephone: (919) 821-7700 Attorneys for the Plaintiff
Case 2:12-cv-00016-F Document 67 Filed 12/20/13 Page 2 of 2

 
 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
CASE NO: 2:12-CV-00016-F

Mary E. Lyons-Felton,

Plaintiff,

v.

SECOND AMENDED COMPLAINT

(JURY TRIAL DEMANDED)

Edenton-Chowan Board of Education,

alternatively named as “Edenton-Chowan

County Board of Education” and “Edenton-

Chowan Schools”

Defendant.

______________________________________________________________________________

Pursuant to Rule 15 of the Federal Rules of Civil Procedure, the Complaint in this action

is hereby amended with the written consent of counsel for the Defendant, which is attached

hereto and marked as “Exhibit 7.”

NATURE OF THE CASE

1. This action is based on unlawful employment practices, including illegal

discrimination on the basis of race, and seeks to provide appropriate relief to Plaintiff Mary E.

Lyons Felton (hereinafter “Plaintiff”), who was adversely affected by these practices. Defendant

Edenton-Chowan Board of Education, alternatively named as “Edenton-Chowan County Board

of Education” and “Edenton-Chowan Schools,” (hereinafter “Edenton-Chowan Schools”)

violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq.

(hereinafter “Title VII”) through its systematic discrimination against Plaintiff and other black

employees because of their race and its retaliation against the Plaintiff because she opposed such

unlawful discriminatory treatment.

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2. Plaintiff is a black woman who holds a Master’s Degree in Secondary Education and an Advanced Degree in Educational Leadership. She is a licensed principal, curriculum instructional specialist, and superintendent. Also, Plaintiff has substantially completed a PhD Program in Education in which she maintains a 3.83 GPA. The discrimination that is the subject of this lawsuit began when the Plaintiff, who was once an Assistant Principal with outstanding reviews in Edenton-Chowan Schools, was repeatedly demoted and otherwise discriminated against by school administrators for seeking to hold the position of Principal in a school system that had never allowed a black female to hold an instructional leadership position higher than Assistant Principal in any school in its entire history. As described below, Edenton-Chowan Schools engaged in a systematic practice, over many decades, of refusing to allow black persons to be promoted and/or hired upon their merits, and engaged in a systematic employment policy and/or custom, of favoring less and equally qualified whites over their more qualified and equally qualified black counterparts.
3. Plaintiff made three charges to the EEOC regarding the Defendant’s discriminatory employment practices: EEOC Charge No. 430-2010-03097, EEOC Charge No. 437-2010-00178, and EEOC Charge No. 437-2009-00992.
4. A right-to-sue letter was received on or about January 10, 2012 for EEOC Charge No. 437-2010-00178, and, in hopes of receiving right-to-sue letters upon EEOC Charge No. 4302010-03097 and EEOC Charge No. 437-2009-00992, where all claims could be brought in a single action, the Plaintiff waited until the end of her ninety (90) day period to file this lawsuit. As right-to-sue letters were not issued upon EEOC Charge No. 430-2010-03097 and EEOC Charge No. 437-2009-00992 before the expiration of the ninety (90) day period to bring suit upon EEOC Charge No. 437-2010-00178, Plaintiff was forced to file this action to preserve her
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claims and prevent them from becoming time-barred; however, Plaintiff delayed service upon the Defendant and retaining legal counsel until just before the expiration of her summons. She again did so in hope of receiving the additional right-to-sue letters where her Complaint could be amended upon their receipt and all claims could be brought together.
5. On or about the first week of October 2012, the Plaintiff discovered that the United States Department of Justice’s Employment Litigation Section had elected to allow her to bring suit upon all EEOC charges in a single, privately prosecuted action. At said time, she was issued a right-to-sue letter upon EEOC Charge No. 430-2010-03097 and EEOC Charge No. 4372009-00992. Plaintiff’s counsel then contacted counsel for Defendant and obtained written permission to amend this Complaint to bring claims upon all EEOC charges in this lawsuit. The EEOC’s investigation of EEOC Charge No. 430-2010-03097 and EEOC Charge No. 437-200900992 resulted in findings of cause for illegal race discrimination and retaliation.
JURISDICTION AND VENUE 6. Plaintiff repeats and re-alleges the allegations above as if fully restated herein. 7. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343, and 1345 to redress the unlawful deprivation of Plaintiff’s rights secured, guaranteed, and protected by federal law. 8. This action is authorized and instituted pursuant to Sections 703 and 704 of Title VII. 9. Venue is proper in this District under 28 U.S.C. § 1391 and 29 U.S.C. §1132(e). 10. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of North Carolina.
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PARTIES 11. Plaintiff repeats and re-alleges the allegations above as if fully restated herein. 12. Plaintiff is a citizen and resident of Pasquotank County, North Carolina. 13. At all times relevant to this Complaint, Edenton-Chowan Schools was a public school entity that continuously had more than two-hundred (200) regular employees. Upon information and belief, Edenton-Chowan Schools currently has approximately 2,400 students under its instruction and over two-hundred (200) teachers, including counselors and instructional staff, and more than fifty (50) maintenance and administrative staff. There were no black persons occupying the position of principal or any higher instructional leadership position within Edenton-Chowan Schools at any time relevant to this Complaint. 14. North Carolina statutory law authorizes Edenton-Chowan Schools (as named above as “Edenton-Chowan Board of Education” and “Edenton-Chowan County Board of Education”) as a legal entity capable of bringing suit and being sued. 15. More than one-hundred and eighty (180) days prior to the institution of this lawsuit, Plaintiff filed three charges of discrimination against Edenton-Chowan Schools with the EEOC. Claims were instituted upon said charges within ninety (90) days of each respective right-to-sue letter’s receipt. All applicable right-to-sue letters are hereby attached, marked as Exhibits 4 and 5,1 and incorporated by reference.
FACTUAL ALLEGATIONS 16. Plaintiff repeats and re-alleges the allegations above as if fully restated herein. 17. The Plaintiff worked hard for what she has achieved. Her mother passed away and her father was incarcerated when she was two years old. She was raised by a grandmother
1 Exhibit 4 is a single right-to-sue letter issued by the United States Department of Justice’s Employment Litigation Section upon EEOC Charge Nos. 437-2009-00992 & 430-2010-03097, while Exhibit 5 is a right-to-sue letter issued by the EEOC upon Charge No. 437-2010-00178.
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who could not read or write and signed her name with an “X.” The Plaintiff lived in public housing until the age of seventeen when she left a low performing northeastern North Carolina high school and entered into the Job Corps in Georgia to earn a GED.
18. After returning to North Carolina as a single mother, the Plaintiff enrolled at the College of the Albemarle and Elizabeth City State University. She put herself through college by working full-time at a Hardee’s restaurant. Through her astonishing drive and dedication, she obtained a degree from both schools and became a teacher.
19. After graduating college, the Plaintiff taught in the Elizabeth City-Pasquotank School System. While teaching at Perquimans County High School in 2000, she realized that she wanted to ‘break the glass ceiling’ by becoming a school administrator.
20. At said time, the Plaintiff enrolled in Cambridge College and Old Dominion University and drove to Virginia to attend classes on the weekends. She completed both a Master’s Degree in Secondary Education and an Advanced Degree in Educational Leadership by 2004. After obtaining these degrees, Plaintiff began working upon a PhD in Education, and said doctorate was substantially completed at all times relevant to this Complaint.
21. In 2005, Plaintiff took and passed a six-hour test required to earn her certification as Superintendent, Principal and Curriculum Instructional Specialist in the State of North Carolina. She scored a 185 out of 200 on the School Leaders Licensure Assessment and was told by many colleagues that her score was one of the best that they had seen.
22. After obtaining these advanced degrees and certifications, on or about July 1, 2005, the Plaintiff obtained employment as Assistant Principal at John A. Holmes High School in Edenton-Chowan Schools, where she worked for four years and received high praises. Administrators and teachers recognized her demonstrated abilities as Assistant Principal and
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wrote excellent reviews. For example, Dr. Allan T. Smith, Superintendent of Edenton-Chowan Schools, wrote on May 12, 2009, “[The Plaintiff] is a highly supportive administrator, loyal and a team player. While working with her, I have been continually impressed with her driving commitment to excellence.” Rob Boyce, Assistant Superintendent of Edenton-Chowan Schools, also wrote on May 12, 2009, “[The Plaintiff] carries out her duties as assistant principal in a responsible manner. She is prompt in meeting deadlines and in handling her assigned tasks. [The Plaintiff] is an honest person…. She believes in giving a honest day’s work for a honest day’s pay.” Shirley Powell, Math Department Chairperson at John A. Holmes High School wrote on January 14, 2010, “[The Plaintiff] immediately impressed me with her professional dress and attitude. [The Plaintiff] was always positive and always had a kind word to say. She insisted that teachers take a hands-on approach to teaching and that students participate in activities to help them succeed in their goals.” Mr. Koonce, Director of Testing and Accountability at Edenton-Chowan Schools, wrote on February 10, 2010, “[The Plaintiff] has excellent interpersonal skills, a good communicator, and possesses skills to motivate and encourage others to do their best. She was loved and respected by the students, staff, and the parents at John A. Holmes High School.” Mrs. Lassiter, English Department Chair at John A. Holmes High School wrote on January 19, 2010, “ I have had the opportunity to work with [the Plaintiff] for the past four years in various capacities and have come to respect her for her professionalism and concern for students. I have found [the Plaintiff] to be supportive and fair, handling sometimes difficult situations with the utmost diplomacy.” Mrs. Rahals, a math teacher at John A. Homes High School simultaneously wrote, “During my 40 years in education I’ve had a lot of administrators and I would definitely rate [the Plaintiff] in the top ten.”
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23. In 2008, the Principal position became vacant at White Oak School, which is a part of Edenton-Chowan Schools. The Plaintiff applied for the position and was told by Dr. Allan T. Smith, the Superintendent, that she was qualified but not the right fit for the school. He asked the Plaintiff “not to give up on [him]” and assured her that when a principal position became available at another school, in which the Plaintiff was a “good fit,” that she would be promoted.
24. In 2009, the Principal position became vacant at John A. Holmes High School. The Plaintiff applied to fill this position. Given her excellent reviews, the fact that she had substantially completed a PhD in Education, her past academic achievements, her licensures, Dr. Allan T. Smith’s prior statements, and the fact that she had previously served as an outstanding Assistant Principal for four years prior at the same school, the Plaintiff thought she would be a very strong candidate. However, the Plaintiff was denied the opportunity to even interview for the position.
25. In May of 2009, the Plaintiff met with Dr. Allan T. Smith and asked him, “What am I lacking for a principal interview?” Dr. Allan T. Smith indicated that the Plaintiff was fully qualified but that she simply was not a proper fit for the demographics of the school system. He simultaneously gave the Plaintiff a letter of reference saying: “It is my pleasure to recommend [the Plaintiff] for the position of school principal. [The Plaintiff] is a strong candidate for such a position at any level.” The letter went on to expound upon the Plaintiff’s performance and qualifications. Dr. Allan T. Smith then encouraged the Plaintiff to apply for principal positions at more metropolitan schools, outside of Chowan County.
26. At the time of the Plaintiff’s submission of the applications for the Principal positions, John A. Holmes High School, White Oak School and the entire Edenton-Chowan
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School System had never had a black female principal in their entire history. Upon the information available to the Plaintiff, Edenton-Chowan Schools had only hired two black principals since the decision of Brown v. Board of Education in 1954, both of whom were males, only served single, short-term trial contracts, worked for Edenton-Chowan Schools in the distant past, and were disfavored by faculty and administrators at the time of their employment due to their race. The Plaintiff was not even allowed to interview for the Principal position at John A. Holmes High School because she is black.
27. According to the 2008-2009 Public School Personnel Summary published by The North Carolina Department of Public Instructions (data therefrom now available online at The North Carolina Department of Public Instruction’s EDUCATION STATISTICS ACCESS SYSTEM (ESAS)), during the times relevant to this Complaint, 100% of the Principals in Edenton-Chowan Schools were white and 0% were black; 100% of the Counselors in EdentonChowan Schools were white and 0% were black; and approximately 85% of Teachers and Career Professionals in Edenton-Chowan Schools were white and approximately 15% were black (184 white teachers and career professionals versus 39 black teachers and career professionals). However, 93% of School Maintenance Workers in Edenton-Chowan Schools were black while 7% were white (52 black maintenance workers versus 4 white maintenance workers), and the student population was approximately 55% white (including Hispanic and Asian) and 45% black (1,097 black students out of 2,394 total students). According to U.S. Census Data, upon information and belief, at the times relevant to this Complaint, Chowan County was approximately 60% white and 40% black.
28. Upon information and belief, racist attitudes pervade and infect various institutions in Chowan County and are condoned by Edenton-Chowan Schools. For instance,
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Edenton-Chowan Schools’ athletic events are segregated. Black people have their own section in the bleachers and are not welcome in the whites’ section. In addition, the voting districts for the Edenton-Chowan Board of Education have been gerrymandered to keep black people from serving on the school board and to ensure a completely all white or a substantially all white school board. Six out of seven of Chowan County’s current school board members are white.
29. Under the direction of Dr. Allan T. Smith, Edenton-Chowan Schools engaged in a systematic practice of excluding black people from positions of authority by failing to promote qualified black people to positions that they deserved and generally favoring less qualified whites over more qualified black persons in its employment practices.
30. After failing to receive a principal promotion, the Plaintiff remained as Assistant Principal at John A. Holmes High School but was outspoken about Edenton-Chowan Schools’ employment practices and the above described racism that pervades Chowan County. On June 18, 2009, the Plaintiff received a letter from Dr. Allan T. Smith, on behalf of Edenton-Chowan Schools, informing her that she was being transferred from Assistant Principal at the high school to a new position at the middle school. The position was “Career Development Coordinator.” At this time, Dr. Allan T. Smith told the Plaintiff that she would not have to take any classes or obtain further educational qualifications to serve in the new position because of her vocational license.
31. On July 8, 2009, Plaintiff informed the school board that she did not desire to work as “Career Development Coordinator” and did not believe this position was fitting for her qualifications. Immediately thereafter, the Edenton-Chowan Board of Education made the decision that the Plaintiff’s new position at the middle school was to be that of “Director of Student Advancement and Career Development,” not “Career Development Coordinator,” and
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was to carry supervisory responsibilities. However, immediately after the Plaintiff made EEOC Charge No. 437-2009-00992 on August 3, 2009, the position became again referred to as that of “Career Development Coordinator” and the Plaintiff was required to primarily perform basic chores and errands for other school employees. The position’s title was reported differently on several documents during the 2009-2010 school year. It was reported as “Director of Student Advancement” in a letter dated July 15, 2009 sent from the Chairperson of the Edenton-Chowan Board of Education prior to the making of the initial EEOC charge, but it was reported on the Continuing Education Employee History as “Career Development Coordinator/Teacher” on a document dated September 28, 2009 that the Plaintiff received from the Human Resources Department after she made the EEOC charge.
32. The Edenton-Chowan Board of Education officially retitled the position from “Director of Student Advancement and Career Development” to “Career Development Coordinator” in October 2009, approximately one month after Plaintiff made EEOC Charge No. 437-2009-00992, and insisted it was still an “administrative position” that was fitting for the Plaintiff’s qualifications without returning any administrative authority or duties to the Plaintiff. However, with the new title, the position required a professional license that the school board knew the Plaintiff did not hold and had no desire to obtain. Mrs. Ruiz, Director of Licensure at the Department of Public Instruction, informed the Plaintiff in an email dated July 12, 2010 that the position was officially reported, after the making of EEOC Charge No. 437-2009-00992, by Edenton-Chowan Schools as a “Career-Technical (grades 6-12) Teaching Position,” which required a license that the Plaintiff did not hold. On or about September 14, 2009, Plaintiff sent an e-mail to Dr. Allan T. Smith that asked him to clarify whether or not she was in an administrative or teaching position. On or about September 16, 2009, Dr. Allan T. Smith
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responded, but he did not answer the question, and stated that he would be happy to review and consider the job duties associated with the Plaintiff’s position. The Plaintiff was essentially demoted from an administrator to an “assistant” who ran errands for less qualified white school administrators in retaliation for making EEOC Charge No. 437-2009-00992. On November 30, 2009 Edenton-Chowan Schools, by and through its agents, including but not limited to Michele Maddox and Dr. Allan T. Smith, began harassing the Plaintiff to obtain the lower-level licensure that they knew she had no desire to obtain or hold. Said harassment was continuous and did not end until August of 2010. Edenton-Chowan Schools created said licensure issue to both harass the Plaintiff into resigning and to manufacture grounds for her termination.
33. On or about the same time as the Plaintiff’s demotion, Edenton-Chowan Schools approved the hiring of a less qualified white candidate from Wisconsin to fill the Principal vacancy at John A. Holmes High School. Edenton-Chowan Schools’ agents said to the press, “In regard to the selection of the principal, following a fair selection procedure, the school system hired the best qualified candidate to fill the vacant principal position at John A. Holmes High School. Ms. Felton was not the best qualified.”
34. This new principal at John A. Holmes High School, who was purportedly the “best qualified candidate,” did not have the required North Carolina license before being hired on June 1, 2009. According to a human resources department document maintained by EdentonChowan Schools, “principals must hold a N.C. Principal Licensure.” However, the new principal’s North Carolina license was not issued until February 22, 2010, seven months after being hired.
35. EEOC Charge No. 437-2009-00992 was officially made on August 3, 2009, and it was subsequently amended on December 4, 2009. This charge and its amendment are attached
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hereto, marked as “Exhibit 1,” and are hereby incorporated by reference. Said charge alleged race discrimination on the part of Edenton-Chowan Schools for its failure to promote Plaintiff to the vacant Principal position at John A. Holmes High School. Said charge also alleged race discrimination on the part of Edenton-Chowan Schools for its subsequent demotion of the Plaintiff to the position of “Career Development Coordinator.” The charge’s amendment additionally alleged retaliation on the part of Edenton-Chowan Schools against the Plaintiff for stripping her of all administrative duties and renaming her position immediately after EEOC Charge No. 437-2009-00992 was originally made, in addition to requiring the new licensure. Suit is hereby brought upon said EEOC Charge No. 437-2009-00992, including its amended contents.
36. On or about August 30, 2009, immediately after filing EEOC Charge No. 4372009-00992, the Plaintiff notified Edenton-Chowan Schools’ Human Resources that she was applying for the vacant Director of Secondary and Career Technical Education position in hopes of again becoming a school administrator. On or about September 25, 2009, after offering the position to a less qualified white candidate who did not have comparable administrative experience or the same advanced degrees and who did not accept the job, Edenton-Chowan Schools sent Plaintiff a letter indicating that the position was not going to be filled and the job listing was going to be removed. However, on or about November 13, 2009, another less qualified white candidate, who also lacked comparable administrative experience and the same advanced degrees, began working in Edenton-Chowan Schools as Director of Secondary and Career Technical Education. The Plaintiff was not only deceived but denied the promotion, and again, the position was filled with a less qualified white candidate.
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37. After being denied the promotion to the vacant Director of Secondary Education and Career Technical Education position and being deceived regarding its availability, on November 30, 2009, the Plaintiff filed EEOC Charge No. 437-2010-00178. This charge is attached hereto, marked as “Exhibit 2,” and is hereby incorporated by reference. Said charge alleged race discrimination on the part of Edenton-Chowan Schools for its failure to promote Plaintiff to the vacant Director of Secondary Education and Career Technical Education position and misleading the Plaintiff regarding the job’s availability. Said charge also alleged retaliation on the part of Edenton-Chowan Schools against the Plaintiff for making EEOC Charge No. 4372009-00992, as Edenton-Chowan Schools misled the Plaintiff regarding the position’s availability and filled it with a less qualified white person immediately after the initial EEOC charge was filed. Suit is hereby brought upon EEOC Charge No. 437-2010-00178.
38. Simultaneously with the Plaintiff filing EEOC Charge No. 437-2010-00178, Leslie Michele Maddox, who worked as Edenton-Chowan Schools’ Director of Human Resources, and Dr. Allan T. Smith began chastising the Plaintiff regarding her desires to professionally advance, failure to obtain the licensure the school system retroactively required for the position that it demoted the Plaintiff to in retaliation for making EEOC Charges, and insinuating that she should leave Edenton-Chowan Schools. Edenton-Chowan Schools, by and through its administrative staff, and with the support, knowledge and direction of Richard A. Browder, Jr. began to threaten, bully, harass and intimidate the Plaintiff. For example, at this time, immediately after the Plaintiff was in a serious car accident in Elizabeth City, North Carolina, transported to a hospital in Norfolk, Virginia and recovering at home, EdentonChowan Schools’ agents sent repeated letters and emails to the Plaintiff to harass her for her inability to leave her bed and come to work. In addition, Dr. Allan T. Smith and Leslie Michele
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Maddox falsely created charts and documents indicating that the Plaintiff suffered from a psychological disease, “adjustment disorder,” in an attempt to explain away her prior complaints of racism and retaliation. Dr. Allan T. Smith even attempted to bully the Plaintiff into signing documents that stated she was mentally ill. Also, Edenton-Chowan Schools intentionally miscalculated and wrongfully applied FMLA leave in violation of federal and state law as a pretext for attempting to dismiss and silence the Plaintiff. Upon information and belief, Dr. Allan T. Smith misled federal investigators regarding the application and calculation of the Plaintiff’s FMLA leave. Edenton-Chowan Schools’ actions tormented the Plaintiff mentally and physically.
39. The Plaintiff endured frequent retaliatory acts for over nine months after filing EEOC Charge No. 437-2010-00178. During this time, she repeatedly wrote letters and emails to the Edenton-Chowan Board of Education requesting that she be allowed to address the body to request relief from the proper public officials regarding the illegal race discrimination and retaliation that occurred when she was refused promotions, subsequently demoted and otherwise harassed. These requests were repeatedly denied. Meanwhile, Edenton-Chowan Schools continued to seek the Plaintiff’s resignation through ongoing refusals to promote her back to a position fitting for her qualifications, making false allegations regarding her mental health, giving her demeaning work, illegally altering her FMLA leave records, harassing her regarding the licensure issue that it created through a retaliatory demotion, and falsely alleging that she was missing work for unauthorized reasons. At times, the Plaintiff used her accrued leave and did not report to work in an effort to remove herself from the hostile work environment. When Edenton-Chowan Schools saw that the hostile work-environment would not obtain the Plaintiff’s resignation, Edenton-Chowan Schools committed its final act of retaliation by formally
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terminating the Plaintiff’s employment in August of 2010 upon numerous false pretexts arising from and created by the licensure issue that it had created through the retaliatory demotion to “Career Development Coordinator” and formal altering of the official title and requirements of the Plaintiff’s position directly after the making of EEOC Charge No. 437-2009-00992.
40. Immediately after being terminated in August of 2010, Plaintiff filed EEOC Charge No. 430-2010-03097. This charge is attached hereto, marked as “Exhibit 3” and is hereby incorporated by reference. Said charge alleged retaliatory discharge on the part of Edenton-Chowan Schools against the Plaintiff for making EEOC Charge No. 437-2009-00992 and EEOC Charge No. 437-2010-00178. Suit is hereby brought upon EEOC Charge No. 4302010-03097.
41. Due to her retaliatory termination and false allegations and statements made by Dr. Allan T. Smith and other officers and agents of Edenton-Chowan Schools, the Plaintiff has been unable to obtain alternate employment since August of 2010. Despite her outstanding qualifications, most school systems now do not even respond after the Plaintiff submits an application. Further, as a direct and natural result of Edenton-Chowan Schools’ actions, the Plaintiff has lost significant income and her employment benefits, her credit has been damaged, her reputation and career have been destroyed, and professional relationships have been lost.
FIRST CLAIM FOR RELIEF RETALIATION IN VIOLATION OF TITLE VII EEOC CHARGE NO. 437-2010-00178, EEOC CHARGE NO. 430-2010-0397 AND EEOC CHARGE NO. 437-2009-00992 (as amended) 42. Plaintiff repeats and re-alleges the allegations above as if fully stated herein. 43. In complaining about the above described discriminatory and retaliatory acts of the Defendant to the EEOC and otherwise, Plaintiff engaged in protected activity under Title VII.
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44. A causal link exists between Plaintiff’s above described protected activity and Edenton-Chowan Schools’ adverse employment actions.
45. Edenton-Chowan Schools willfully, intentionally, and unlawfully violated Title VII by retaliating against the Plaintiff for complaining about the above described discriminatory and retaliatory acts, as complained of in EEOC Charge No. 430-2010-03097, EEOC Charge No. 437-2010-00178, and EEOC Charge No. 437-2009-00992 (as amended), when Edenton-Chowan Schools harassed the Plaintiff, refused to promote her to a position fitting for her qualifications, demoted the Plaintiff, stripped the Plaintiff of all administrative duties, gave the Plaintiff demeaning work, and when it could not obtain her resignation through the hostile work environment it created, formally terminated the Plaintiff upon manufactured and false pretexts.
46. Edenton-Chowan Schools’ actions were done with malice or with reckless indifference to Plaintiff’s federally protected rights.
47. As a result of said retaliation, Plaintiff is entitled to recover compensatory and punitive damages against Edenton-Chowan Schools as well as any other relief available to her as provided by federal law, including attorney fees and costs incurred in prosecuting this claim.
SECOND CLAIM FOR RELIEF RACE DISCRIMINATION IN VIOLATION OF TITLE VII EEOC CHARGE NO. 437-2009-00992 AND EEOC CHARGE NO. 437-2010-00178 48. Plaintiff repeats and re-alleges the above allegations as if fully stated herein. 49. Edenton-Chowan Schools willfully, intentionally, and unlawfully discriminated against Plaintiff on the basis of her race in violation of Title VII in that she was subjected to, inter alia, the denial of equal opportunity in the work place, specifically Edenton-Chowan Schools failed to promote the Plaintiff to the position of Principal and to the position of Director of Secondary and Career Technical Education. Moreover, Edenton-Chowan Schools did not
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even allow the Plaintiff and other black applicants to interview for said positions. EdentonChowan Schools also deprived Plaintiff of equal opportunity in the work place by its demotion of the Plaintiff to the position of Career Development Coordinator and creating licensure issues in an attempt to obtain her resignation or create a pretext for firing.
50. Edenton-Chowan Schools’ actions were done with malice or with reckless indifference to Plaintiff’s federally protected rights.
51. As a result of said discrimination, Plaintiff is entitled to recover compensatory and punitive damages against Edenton-Chowan Schools as well as any other relief available to her as provided by federal law, including attorney fees and costs incurred in prosecuting this claim.
PRAYER FOR RELIEF WHEREFORE, Plaintiff demands a trial by jury and judgment against the Defendant, to the extent permitted by law, for back pay, front pay, lost employment benefits, damage to professional and personal reputation, pain and suffering, compensatory damages, punitive damages, attorneys’ fees and costs and other such relief as this Court deems just and proper.
This the 23rd day of October, 2012. HOWARD, STALLINGS, FROM & HUTSON, P.A. By:__/s/ Robert H. Jessup_IV________ Robert H. Jessup IV (State Bar No. 42945) B. Joan Davis (State Bar No.: 17379) Russell W. Johnson (State Bar No.: 32751) 5410 Trinity Road, Suite 210 Raleigh, N.C. 27607 Telephone: (919) 821-7700 Attorneys for the Plaintiff
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 FILED

IN THE UNITED STATES DISTRICT COURT APR 0 4 201l

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

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Mary E. Lyons-Felton 105 Princess Anne Circle Elizabeth City, North Carolina 27909 (252) 339-1388 mfelton7@yahoo.com

Mary E. Lyons-Felton,

)

)

Plaintiff,

)

v.

)

)

Edenton-Chowan Schools, )

)

Defendant. )

)

--------~-------)

CASE NO. COMPLAINT
(JURY TRIAL DEMAND)

NATURE OF ACTION
This is an action under Title VII of the Civil Rights Act of 1964, as amended to correct the unlawful employment practices on the basis of race and retaliation, and to provide appropriate relief to Plaintiff Mary E. Lyons Felton, (hereinafter, "Plaintiff Felton" or "Felton"). As stated with greater particularity in paragraphs 1 through 52 below, the Plaintiff Felton alleges that Defendant, Edenton-Chowan Schools discriminated against her based on her race (Black), by refusing to promote her to the position of Director of Secondary and Career Technical Education. Plaintiff Felton claims that she was more qualified than the person selected for the position, but she was retaliated against by not being selected for filing an EEOC Charge of Discrimination against the Defendant Edenton-Chowan Schools.

1 Case 2:12-cv-00016-F Document 1 Filed 04/04/12 Page 1 of 11

'.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331. This action is authorized and instituted pursuant to §§ 703 (a) and 704 of Title VII of the Civil Rights Act of 1964, as amended, (42 U.S.C. §2000e, et seq.) (hereinafter, referred to as "Title VII").
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States Court for the Eastern District of North Carolina.
PARTIES
3. Plaintiff Felton is a African-American adult female and a citizen of the United States who currently resides in Pasquotank County, North Carolina. Plaintiff Felton has standing to bring this suit.
4. At all relevant times, the Defendant Edenton-Chowan Schools, isa public school entity has been continuously had least more than fifteen (15) regular employees. There are approximately 2,400 students and 175 teachers including counselors and instructional staff in the Edenton-Chowan School system. The school system is ranked among the top two school systems in North Carolina for the percentage of teachers with "National Board for Professional Teaching Standards" certification, but currently there are no African-Americans occupying Principal positions.
STATEMENT OF CLAIMS
5. On or about July 1, 2005, Plaintiff Felton has been employed as an Assistant Principal. She has always received outstanding performance evaluations.
6. On or about May 8 2009, Plaintiff Felton was denied a promotion to the
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.
position of Principal at the high school that she served as As~istant Principal. 7. On or about June 17, 2009, Superintendent, Dr. Allan Smith, Caucasian
male, informed Plaintiff Felton that she was being transferred to the position of Career Development Coordinator at the Chowan Middle School. The school board changed the title to Director of Student Advancement and Career Development Plaintiff Felton considered this action was a demotion because she was no longer supervising any employees. All of the Principals in the school system are Caucasian females. Plaintiff Felton was told that she was denied the Principal position, and being transferred because the Defendant Edenton-Chowan Schools wanted someone with broad experience transfer in order to give the new principal the opportunity to choose her administrative team.
8. In August of 2009, Defendant Edenton-Chowan Schools advertised for the position of Director of Secondary and Career Technical Education. The application deadline was on August 31, 2009. Plaintiff Felton submitted a letter of interest and applied for the position on August 31, 2009.
9. On or about August 3, 2009, Plaintiff Felton, who was frustrated by what . she perceived to be discrimination against herself by management officials in her area of responsibility, as well as the failure of Defendant Edenton-Chowan Schools to adequately deal with the allegations, filed EEOC Charge No. 437-2009-0092 on the basis of race, Black, in violation of Title VII against Defendant, Edenton-Chowan Schools.
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, ,
10. On or about September 1, 2009, while Plaintiff Felton was home on sick Leave when she received a telephone call from the Director of Human Resources, Michelle Maddox, Caucasian female, who informed her that she had scheduled a date for Plaintiff Felton to be interviewed. The interview was scheduled for September 3, 2009, at 2:00 PM. On or about September 1,2009, Michelle Maddox sent Plaintiff Felton an e-mail as a follow-up regarding the interview.
11. On or about September 2, 2009, Plaintiff Felton called informed Michelle Maddox and informed that she was unable to attend the interview because she was still sick. Michelle Maddox indicated that she would ensure that Plaintiff's letter of interest and supporting documents would be available to the interview committee. Michelle Maddox did not offer Plaintiff Felton a phone interview nor did she offer to reschedule the interview.
12. On or about September 14,2009, Principal Tanya Turner Caucasian female, informed Plaintiff Felton that she was under the impression that Mrs. Felton was serving in the position that Tammi Ward, Caucasian female held the previous year. Tammi Ward at the time was a guidance counselor. Plaintiff Felton told the prinCipal that she had received a letter from the school board advising her that they had approved transferring her to the position of Director of Student Advancement and Career Advancement.
13. On or about September 14, 2009, Plaintiff Felton sent an e-mail to Dr. Allen Smith, Superintendent, asking him to clarify if she was serving in the position of director or as a counselor.
14. On or about September 16,2009, Dr. Smith responded, but he did not
4 Case 2:12-cv-00016-F Document 1 Filed 04/04/12 Page 4 of 11

,.
answer her question. Instead he indicated that he would be happy to review her duties and responsibilities.
15. On or about September 16, 2009, Plaintiff Felton requested a hearing with the Edenton-Chowan School Board regarding her working conditions because she was expected to serve in an area outside of licensed area. Plaintiff Felton did not have the appropriate license to be a counselor.
16. On. or about September 16, 2009, Plaintiff Felton sent an e-mail to the school board indicating that she was serving in an area which she did have the appropriate license and requested to be appointed to the position of Director of Secondary Education & Career &Technical Education. In addition, she informed the school board that she was still interested in the position.
17. On or about September 17, 2009, Human Resources Director, Michelle Maddox, informed Plaintiff Felton that notifications were not sent out because a decision had not been finalized regarding the position.
18. On or about September 18, 2009, Plaintiff Felton received an email from a school counselor that Tammi Ward, Caucasian female, previously held position of Career Development Coord inator.
19. On or about September 24, 2009. Plaintiff Felton received a letter indicating that her request for a hearing had been denied, but she would be allowed to address the school board during their regular meeting. Plaintiff Felton was advised that Attorneys Will Crow and Jonathan Blumberg would be in attendance. Plaintiff Felton believes this was a form of retaliation because she had filed a previolJs Charge of Discrimination with the EEOC.
5 Case 2:12-cv-00016-F Document 1 Filed 04/04/12 Page 5 of 11

20. On or about September 25, 2009, Plaintiff Felton received a letter notifying that Defendant, Edenton-Chowan Schools would not be filing the position of Director of Secondary Education & Career Technical Education and should the position be re-advertised they will keep her materials on file for consideration.
21. On or about September 28,2009, Plaintiff emailed a school employee from another school district and asked her to verify the information that she had received regarding the position of Director of Secondary Education & Career Technical Education.
22. On or about September 29, 2009, Plaintiff Felton received an e-mail confirming that a Caucasian female from another school district had been offered the position and initially accepted, but later declined the offer. They closed the position to prevent Plaintiff from having the position. Plaintiff met the qualifications applied for the position.
23. On or about October 5, 2009, Plaintiff Felton informed the school board that she did not desire to serve in the capacity of a Guidance Counselor or Career Development Coordinator.
24. On or about October 7,2009, Plaintiff Felton discovered the position of Director of Secondary Education & Career Technical Education was re advertised on the school's webpage. The application deadline was on October 31,2009.
25. On or about October 22, 2009, Plaintiff Felton received a certified letter
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dated October 6, 2009, from Ricky Browder, Chairman, Board of Education, informing her that the informing her that the Edenton Chowan School Board had changed her job title to Career Development Coordinator, a position that required a teacher's certification outside of her responsibilities. However, when Plaintiff Felton was made to work as a Counselor, in writing she informed the Edenton Chowan School Board that she was expected to perform the job duties of a Counselor without being properly licensed, but the school board showed no concerns at that time.
26. On or about November 2, 2009, Plaintiff Felton received a from the Principal, Tanya Turner, Caucasian male/female, informing her that she would be evaluated on the requirements that were used for school counselors.
27. On or about November 2,2009, Plaintiff Felton responded to the email and informed the principal that she was not licensed as a counselor.
28. On or about November 13, 2009, Plaintiff Felton received a letter dated November 12,2009, informing her that another applicant had been selected for the position. Plaintiff Felton was not given an interview before selection was made to fill the position.
29. On or about November 18,2009, Plaintiff Felton received an email from Michelle Maddox, Director of Human Resources, which informed her that Ms. Maddox, had found an appraisal instrument for the position of Career Development Coordinator.
30. On or about November 30, 2009, Michelle Maddox emailed Plaintiff Felton and informed her that Ms. Maddox was initiating provisional license application regarding the Career Development Coordinator, which is classified as a teaching
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"
position. Plaintiff Felton claims that candidates were interviewed who had no supervisory experience and only teaching experience.
31. On or about November 30, 2009, Plaintiff Felton, who was frustrated by what she perceived to be discrimination against herself, by management officials in her of responsibility, as well as the failure of Defendant Edenton-Chowan Schools to adequately deal with the allegations, filed EEOC Charge No. 437-2010-00178 against Defendant Edenton-Chowan Schools. Plaintiff Felton filed her charge based on race, Black, and retaliation for filing a previous charging of discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, §704(a).
32. On or about December 3,2009, Plaintiff Felton responded by email Informing Michelle Maddox, Director of Human Resources, that she did "not" submit an application for the pOSition of Career Development Coordinator.
33. On or about December 4, 2009, Dr. Allen Smith, Superintendent, sent an email to all employees announcing that Stacey Leggett, Caucasian female, had agreed to assume the responsibilities for the position Director of Secondary Education. Plaintiff Felton was not given an interview before a selection was made to fill the position.
34. On or about December 4, 2009, Plaintiff Felton, who was frustrated by what she perceived to be discrimination against herself, by management officials in her area of responsibility, as well as Defendant Edenton-Chowan Schools to adequately deal with the allegations of discrimination, filed EEOC Charge No. 437-2009-00992 against Defendant Edenton-Chowan Schools. Plaintiff Felton filed her charge based on race, Black and retaliation.
35. On or about August 27,2010, Defendant Edenton-Chowan Schools
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· ,
terminated Plaintiff Felton's employment. Plaintiff Felton was told that she was being terminated for insubordination, refusal to comply with reasonable request of the school board, and neglect of duty.
36. On or about September 13, 2010, Plaintiff filed EEOC Charge No. 430-2010-03097.
37. On or about December 30,2011, Herbert Brown, Director/EEOC Norfolk Local Office made a "reasonable cause" determination regarding EEOC Charge No. 437-2009-0092 (Amended) and EEOC Charge No. 430-2010-03097. EEOC invited the parties to join with it in a collective effort toward a just resolution of the matter, but Conciliation failed. EEOC transferred the aforementioned charges to the Department of Justice Civil Rights Division for further action.
38. On or about December 30, 2011, the EEOC issued Plaintiff Felton a Dismissal & Notice of Rights with regard to EEOC Charge No. 437-2010-00178 (a copy which is attached hereto).
39. As a result of Defendant's actions, Plaintiff Felton has suffered lost of income, lost benefits, mental anguish, emotional distress, inconvenience, and loss of enjoyment of life.
40. As a result of Defendant's actions, Plaintiff Felton will continue to suffer lost of income, lost fringe benefits, mental anguish, emotional distress, inconvenience, and lost of enjoyment of life.
COUNT ONE
(Disparate Treatment Pursuant to Title VII) 41. Plaintiff Felton incorporates by reference each and every allegation contained in paragraphs 1 through 40 as through fully set forth herein.
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42. Plaintiff met requirements and was more qualified than the Caucasian applicant selected for the position of Director of Secondary Education & Career Technical Education.
43. Defendant Edenton-Chowan School's management officials were aware that Plaintiff Felton did not have the appropriate license when they forced her to serve as a Career Development Coordinator. .
44. Plaintiff Felton was subjected to adverse employment actions by Defendant Edenton-Chowan Schools.
45. Similarly situated individuals outside of Plaintiff Felton's protected class were treated more favorably than Felton.
46. Defendant Edenton-Chowan School willfully, intentionally, and unlawfully discriminated against Plaintiff Felton on the basis of her race in violation of Title VII.
47. Defendant's actions were done with malice or with reckless indifference to Plaintiff Felton's federally protected rights.
COUNT TWO
(Retaliation Pursuant to §704(a) of Title VII)
48. Plaintiff Felton incorporates by reference each and every allegation contained paragraphs 1 through 52 as though fully set forth herein.
49. In complaining about discriminatory acts, Plaintiff Felton engaged in protected activity under Title VII.
50. A causall.ink exist between Plaintiff Felton's protected activity and Defendant's adverse actions.
51. Defendant willfully, intentionally, and unlawfully discriminated against
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Plaintiff Felton in violation of Title VII. 52. Defendant's actions were done with malice or with reckless indifference to
Plaintiff Felton's federally protected rights. WHEREFORE, Plaintiff Mary E. Lyons Felton request that this Honorable Court
grant judgment against Defendant and:
(A) Issue an order awarding Plaintiff Felton back pay pre-judgment interest, fringe benefits, and pay any other appropriate relief necessary to make Felton whole and compensate her for civil rights violations described above;
(B) Award Plaintiff Felton front pay, fringe benefits, and other compensation; (C) Award Plaintiff Felton attorney's fees and costs of this action; and (D) Award Plaintiff Felton such other legal and equitable relief as this Court
deems just and proper. RESPECTFULLY SUBMITTED this 4th day of April, 2012.
~atJ~ r, ~~4Etk~
Mary . Lyo s Felton ProSe
11
Case 2:12-cv-00016-F Document 1 Filed 04/04/12 Page 11 of 11

 
 Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 1 of 10
CLOSED,Jury Trial,MEDIATION,USMJ_Webb
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Northern Division)
CIVIL DOCKET FOR CASE #: 2:12−cv−00016−F

Lyons−Felton v. Edenton−Chowan Schools Assigned to: Senior Judge James C. Fox Cause: 28:1331 Fed. Question: Civil Rights Violation
Plaintiff

Date Filed: 04/04/2012 Date Terminated: 12/20/2013 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Mary E. Lyons−Felton

represented by Beatrice Joan Davis Howard, Stallings, From &Hutson P.A. 5410 Trinity Rd., Suite 210 P. O. Box 12347 Raleigh, NC 27607 919−821−7700 Fax: 919−821−7703 Email: jdavis@hsfh.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Russell W. Johnson Howard, Stallings, From &Hutson P.A. 5410 Trinity Rd., Suite 210 P. O. Box 12347 Raleigh, NC 27607 919−821−7700 Fax: 821−7703 Email: rjohnson@hsfh.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Henry Jessup , IV Howard, Stallings, From &Hutson P.A. 5410 Trinity Rd., Suite 210 P. O. Box 12347 Raleigh, NC 27607 919−821−7700 Fax: 919−821−7703 Email: rhjessup855@gmail.com ATTORNEY TO BE NOTICED

V.
Defendant
Edenton−Chowan Board of Education alternatively named as Edenton−Chowan County Board of Education and Edenton−Chowan Schools

represented by Daniel W. Clark Tharrington Smith, LLP 209 Fayetteville St. Mall Raleigh, NC 27602−1151 919−821−4711 Fax: 829−1583 Email: dclark@tharringtonsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eva DuBuisson Tharrington Smith, LLP P.O. Box 1151 209 Fayetteville St. Raleigh, NC 27602

Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 2 of 10

919−821−4711 Fax: 919−821−1583 Email: edubuisson@tharringtonsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Dr. Allen T. Smith in his individual and official capacity as School Superintendent TERMINATED: 10/24/2012

represented by Eva DuBuisson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Leslie Michele Maddox in her individual and official capacity as Director of Human Resources TERMINATED: 10/24/2012

represented by Eva DuBuisson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Richard A. Browder, Jr. in his individual and official capacity as Chairman of Edenton−Chowan Board of Education TERMINATED: 10/24/2012

represented by Eva DuBuisson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Eugene Jordan in his individual and official capacity as Vice Chairman of the Edenton−Chowan Board of Education TERMINATED: 10/24/2012

represented by Eva DuBuisson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Jean Bunch in her individual and official capacity as Member of the Edenton−Chowan Board of Education TERMINATED: 10/24/2012

represented by Eva DuBuisson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
John Guard in his individual and official capacity as Member of the Edenton−Chowan Board of Education TERMINATED: 10/24/2012

represented by Eva DuBuisson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Edward Gilbert Burroughs in his individual and official capacity as Member of the Edenton−Chowan Board of Education TERMINATED: 10/24/2012

represented by Eva DuBuisson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
George Winborne Dale in his individual and official capacity as Member of the Edenton−Chowan Board of Education TERMINATED: 10/24/2012

represented by Eva DuBuisson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 3 of 10

Date Filed 04/04/2012
04/04/2012 04/05/2012 07/31/2012
07/31/2012 07/31/2012
07/31/2012 07/31/2012 08/01/2012
08/02/2012 08/13/2012 08/13/2012 08/13/2012 08/13/2012 08/13/2012 08/13/2012

# Docket Text
1 COMPLAINT against Edenton−Chowan Schools filed by Mary E. Lyons−Felton (Filing fee $350, receipt number RAL024958). (Attachments: # 1 Dismissal and Notice of Rights, Charge of Discrimination, # 2 Proposed Summons, # 3 Civil Cover Sheet) (Grady, B.) (Entered: 04/04/2012)
2 FINANCIAL DISCLOSURE STATEMENT by Mary E. Lyons−Felton. (Grady, B.) (Entered: 04/04/2012)
3 Summons Issued as to Edenton−Chowan Schools. (Edwards, S.) (Entered: 04/05/2012)
5 AMENDED COMPLAINT against All Defendants, filed by Mary E. Lyons−Felton. (Attachments: # 1 Exhibit 1 to Amended Complaint − Letter to Mary Felton dated 12/30/11, # 2 Exhibit 2 to Amended Complaint − Letter to Mary Lyons dated 12/30/11, # 3 Exhibit 3 to Amended Complaint − Notice of Right to Sue Letter, # 4 Summons to Allan Smith PhD, # 5 Summons to Edenton−Chowan BOE, # 6 Summons to Eugene Jordan, # 7 Summons to Edward Burroughs, # 8 Summons to Jean Bunch, # 9 Summons to John Guard, # 10 Summons to L. Michele Maddox, # 11 Summons to Richard Browder, # 12 Summons to George Winborne Dale) (Jessup, Robert) Modified on 7/31/2012 to correct the exhibit naming conventions. (Edwards, S) (Entered: 07/31/2012)
NOTICE TO COUNSEL regarding: 5 Amended Complaint. Attorney Robert Henry Jessup should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Edwards, S.) (Entered: 07/31/2012)
NOTICE OF CORRECTION regarding: 5 Amended Complaint. The docket text for the exhibits to this document only reflected 'Exhibit 1 to Amended Complaint, etc.,' with no indication of what the exhibit was. Case manager has corrected the naming convention for the 'Exhibit' to reflect what it is. Pursuant to Section L of the CM/ECF Policy and Procedures Manual, attachments and exhibits must be identified with a clear and complete naming convention. No need to refile anything at this time. (Edwards, S.) (Entered: 07/31/2012)
6 NOTICE of Appearance by Robert Henry Jessup, IV on behalf of Mary E. Lyons−Felton (Jessup, Robert) (Entered: 07/31/2012)
7 Summons Issued as to All Defendants. (Grady, B.) (Entered: 08/01/2012)
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. (Horton, B.) (Entered: 08/01/2012)
8 AFFIDAVIT of Service for Original Complaint served on Edenton−Chowan Board of Education on July 23, 2012, filed by Mary E. Lyons−Felton. (Attachments: # 1 Exhibit) (Jessup, Robert) (Entered: 08/02/2012)
9 NOTICE of Appearance by Eva DuBuisson on behalf of All Defendants. (DuBuisson, Eva) (Entered: 08/13/2012)
10 FINANCIAL DISCLOSURE STATEMENT by Edenton−Chowan Board of Education. (DuBuisson, Eva) (Entered: 08/13/2012)
11 FINANCIAL DISCLOSURE STATEMENT by Allen T. Smith. (DuBuisson, Eva) (Entered: 08/13/2012)
12 FINANCIAL DISCLOSURE STATEMENT by Leslie Michele Maddox. (DuBuisson, Eva) (Entered: 08/13/2012)
13 FINANCIAL DISCLOSURE STATEMENT by Richard A. Browder, Jr. (DuBuisson, Eva) (Entered: 08/13/2012)
14 FINANCIAL DISCLOSURE STATEMENT by Eugene Jordan. (DuBuisson, Eva) (Entered: 08/13/2012)

Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 4 of 10

08/13/2012 08/13/2012 08/13/2012 08/13/2012 08/13/2012 08/13/2012 08/15/2012
08/15/2012 08/16/2012 08/22/2012
08/23/2012
09/07/2012 09/07/2012

15 FINANCIAL DISCLOSURE STATEMENT by Jean Bunch. (DuBuisson, Eva) (Entered: 08/13/2012)
16 FINANCIAL DISCLOSURE STATEMENT by John Guard. (DuBuisson, Eva) (Entered: 08/13/2012)
17 FINANCIAL DISCLOSURE STATEMENT by Edward Gilbert Burroughs. (DuBuisson, Eva) (Entered: 08/13/2012)
18 FINANCIAL DISCLOSURE STATEMENT by George Winborne Dale. (DuBuisson, Eva) (Entered: 08/13/2012)
19 MOTION for Extension of Time to File Answer regarding 5 Amended Complaint,, by Richard A. Browder, Jr, Jean Bunch, Edward Gilbert Burroughs, George Winborne Dale, Edenton−Chowan Board of Education, John Guard, Eugene Jordan, Leslie Michele Maddox, Allen T. Smith. (DuBuisson, Eva) (Entered: 08/13/2012)
20 FINANCIAL DISCLOSURE STATEMENT by Mary E. Lyons−Felton. (Jessup, Robert) (Entered: 08/13/2012)
NOTICE OF DEFICIENCY regarding: 19 Motion for Extension of Time to File Answer. Pursuant to Local Civil Rule 6.1, or the judges practice preferences on the courts website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Heath, D.) (Entered: 08/15/2012)
21 Proposed Order regarding 19 MOTION for Extension of Time to File Answer regarding 5 Amended Complaint,, filed by Richard A. Browder, Jr, Jean Bunch, Edward Gilbert Burroughs, George Winborne Dale, Edenton−Chowan Board of Education, John Guard, Eugene Jordan, Leslie Michele Maddox, Allen T. Smith. (DuBuisson, Eva) (Entered: 08/15/2012)
MOTION REFERRED to Julie A. Richards, Clerk of Court: 19 MOTION for Extension of Time to File Answer regarding 5 Amended Complaint. (Edwards, S.) (Entered: 08/16/2012)
22 ORDER granting 19 Motion for Extension of Time to Answer Richard A. Browder, Jr., Jean Bunch, Edward Gilbert Burroughs, George Winborne Dale, Edenton−Chowan Board of Education, John Guard, Eugene Jordan, and Leslie Michele Maddox answers due 9/14/2012. Signed by Jolie Skinner, Chief of Operation for Julie A. Richards, Clerk of Court on 8/22/2012. (Edwards, S.) (Entered: 08/22/2012)
23 AFFIDAVIT of Service for Summons and Complaint served on Defendants J. Guard, E. Burroughs, R. Browder, L. Maddox, J. Bunch, E. Jordan, A. Smith G. Dale and Bd of Education on August 3−14, 2012, filed by Mary E. Lyons−Felton. (Attachments: # 1 Exhibit Certified Mail receipts for Board of Education, # 2 Exhibit Certified Mail receipt for J. Guard, # 3 Exhibit Certified Mail receipt for E. Burroughs, # 4 Exhibit Certified Mail receipt for R. Browder, # 5 Exhibit Certified Mail receipt for L. Maddox, # 6 Exhibit Certified Mail receipt for J. Bunch, # 7 Exhibit Certified Mail receipt for E. Jordan, # 8 Exhibit Certified Mail receipt for A. Smith, # 9 Exhibit Certified Mail receipt for G. Dale) (Jessup, Robert) (Entered: 08/23/2012)
24 MOTION for Leave to File Memorandum Exceeding Thirty Pages by Richard A. Browder, Jr., Jean Bunch, Edward Gilbert Burroughs, George Winborne Dale, Edenton−Chowan Board of Education, John Guard, Eugene Jordan, Leslie Michele Maddox, Allen T. Smith. (Attachments: # 1 Text of Proposed Order) (DuBuisson, Eva) (Entered: 09/07/2012)
NOTICE TO COUNSEL: For furture reference, counsel should included the division assignment of this case in your caption. This is a Northern Division case. Counsel should be sure to indicate the division on all future pleadings. No need to refile anything. (Edwards, S.) (Entered: 09/07/2012)

Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 5 of 10

09/07/2012 09/10/2012 09/10/2012 09/14/2012
09/14/2012
09/15/2012 09/17/2012 09/20/2012 09/21/2012 09/21/2012 09/25/2012 09/25/2012

Motion Submitted to Senior Judge James C. Fox: 24 MOTION for Leave to File Memorandum Exceeding Thirty Pages. (Edwards, S.) (Entered: 09/07/2012)
25 ORDER granting 24 Motion for Leave to File Memorandum Exceeding Thirty Pages. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 9/7/2012. (Edwards, S.) (Entered: 09/10/2012)
NOTICE TO COUNSEL regarding 24 Motion for Leave. Counsel should reflect the division in which the case has been assigned on all future documents (Northern). (Heath, D.) (Entered: 09/10/2012)
26 MOTION to Dismiss by Richard A. Browder, Jr., Jean Bunch, Edward Gilbert Burroughs, George Winborne Dale, Edenton−Chowan Board of Education, John Guard, Eugene Jordan, Leslie Michele Maddox, Allen T. Smith. (Attachments: # 1 Exhibit Petition for Judicial Review No 10CVS217, # 2 Exhibit Order Dismissing Petition 10CVS217, # 3 Exhibit Petition for Judicial Review No 10CVS281, # 4 Exhibit Order Dismissing Petition 10CVS281, # 5 Exhibit Complaint No 10CVS119, Felton v. Edenton−Chowan Board of Education, # 6 Exhibit Order Dismissing Case No 10CVS119, # 7 Exhibit Complaint No 10CVS130 Felton v. Dr. Allan T. Smith, # 8 Exhibit Order Dismissing Case No 10CVS130, # 9 Exhibit Complaint No 10 CVS 140, Felton v. Michelle Maddox, # 10 Exhibit Order Dismissing Case No. 10CVS140, # 11 Exhibit Notice of Appeal No. 10CVS217, # 12 Exhibit Notice of Voluntary Dismissal of 10CVS217, # 13 Exhibit Official Notice of Dismissal by Board of Education) (DuBuisson, Eva) (Entered: 09/14/2012)
27 Memorandum in Support regarding 26 MOTION to Dismiss filed by Richard A. Browder, Jr., Jean Bunch, Edward Gilbert Burroughs, George Winborne Dale, Edenton−Chowan Board of Education, John Guard, Eugene Jordan, Leslie Michele Maddox, Allen T. Smith. (Attachments: # 1 Supplement Satterwhite v. Wal−Mart Stores East, L.P., # 2 Supplement Barcliff v. NC League of Municipalities (Jan. 2011), # 3 Supplement Buckner v. United Parcel Service, Inc., # 4 Supplement Locklear v. Person County Board of Education, # 5 Supplement Tate v. Bondurant, # 6 Supplement Battle v. Duke University, # 7 Supplement Hunter v. Wake County Board of Education, # 8 Supplement Barcliff v. NC League of Municipalities (Aug. 2011)) (DuBuisson, Eva) (Entered: 09/14/2012)
28 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 9/15/2012. (Edwards, S.) (Entered: 09/15/2012)
NOTICE TO COUNSEL regarding 25 Motion and 26 Memorandum In Support. Incomplete Certificate of Service. For future reference, counsel should comply with Form A attached to the Court's Electronic Policy and Procedure Manual. (Heath, D.) (Entered: 09/17/2012)
29 MOTION for Extension of Time to File Response as to 26 MOTION to Dismiss , 27 Memorandum in Support by Mary E. Lyons−Felton. (Attachments: # 1 Text of Proposed Order) (Jessup, Robert) (Entered: 09/20/2012)
MOTION REFERRED to Julie A. Richards, Clerk of Court: 29 MOTION for Extension of Time to File Response as to 26 MOTION to Dismiss, 27 Memorandum in Support. (Edwards, S.) (Entered: 09/21/2012)
TEXT ORDER granting 29 motion for extension of time. Plaintiff's deadline to respond to defendants' 26 motion to dismiss is extended through and including October 26, 2012. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 09/21/2012. (Skinner, J.) (Entered: 09/21/2012)
30 MOTION to Stay Discovery by Richard A. Browder, Jr., Jean Bunch, Edward Gilbert Burroughs, George Winborne Dale, Edenton−Chowan Board of Education, John Guard, Eugene Jordan, Leslie Michele Maddox, Allen T. Smith. (DuBuisson, Eva) (Entered: 09/25/2012)
31 Memorandum in Support regarding 30 MOTION to Stay Discovery filed by Richard A. Browder, Jr., Jean Bunch, Edward Gilbert Burroughs, George Winborne Dale, Edenton−Chowan Board of Education, John Guard, Eugene Jordan, Leslie Michele Maddox, Allen T. Smith. (DuBuisson, Eva) (Entered:

Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 6 of 10

09/27/2012 10/02/2012 10/23/2012 10/23/2012
10/24/2012
10/25/2012 10/25/2012 10/25/2012 10/30/2012
10/30/2012 10/31/2012
11/15/2012 11/19/2012 11/19/2012

09/25/2012)
MOTION REFERRED to US Magistrate Judge William A. Webb: 30 MOTION to Stay Discovery. (Edwards, S.) (Entered: 09/27/2012)
32 ORDER granting 30 Motion to Stay Discovery. Counsel is reminded to read the order in its entirety for critical information and deadlines. Signed by US Magistrate Judge William A. Webb on 10/1/2012. (Edwards, S.) (Entered: 10/02/2012)
33 NOTICE of Voluntary Dismissal by Mary E. Lyons−Felton (Jessup, Robert) (Entered: 10/23/2012)
34 SECOND AMENDED COMPLAINT against Edenton−Chowan Board of Education, filed by Mary E. Lyons−Felton. (Attachments: # 1 Exhibit EEOC Charge No. 437−2009−00992 (as amended), # 2 Exhibit EEOC Charge No. 437−2010−00178, # 3 Exhibit EEOC Charge No. 430−2010−03097, # 4 Exhibit Right−to−Sue Letter upon EEOC Charge Nos. 437−2009−00992 &430−2010−03097, # 5 Exhibit Right−to−Sue Letter upon EEOC Charge No. 437−2010−00178, # 6 Exhibit EEOC Findings, # 7 Exhibit Consent to Amend) (Jessup, Robert) (Entered: 10/23/2012)
NOTICE TO COUNSEL regarding: 33 Notice of Voluntary Dismissal. Counsel is reminded that all pleadings must comply with Local Rule 10.1(a) in regards to spacing, which you may obtain on the court's website at www.nced.uscourts.gov. Your documents must be double−spaced on single−sided, standard letter size (8 1/2 x 11) paper, with all typed matter appearing in at least 11 point font size with a one inch margin on all sides. You may be asked to refile your documents if you do not comply with this rule. (Edwards, S.) (Entered: 10/24/2012)
35 RESPONSE in Opposition regarding 26 MOTION to Dismiss filed by Mary E. Lyons−Felton. (Jessup, Robert) (Entered: 10/25/2012)
NOTICE OF DEFICIENCY regarding: 34 Amended Complaint. No Certificate of Service attached. Counsel should file a separately captioned document labeled Certificate of Service and should file the document using Civil Events − Service of Process. (Heath, D.) (Entered: 10/25/2012)
36 CERTIFICATE OF SERVICE by Mary E. Lyons−Felton regarding 34 Amended Complaint,, Notice of Deficiency, (Jessup, Robert) (Entered: 10/25/2012)
37 MOTION for Extension of Time to File Answer regarding 34 Second Amended Complaint, by Richard A. Browder, Jr, Jean Bunch, Edward Gilbert Burroughs, George Winborne Dale, Edenton−Chowan Board of Education, Edenton−Chowan Schools, John Guard, Eugene Jordan, Leslie Michele Maddox, Allen T. Smith. (Attachments: # 1 Text of Proposed Order) (DuBuisson, Eva) Modified on 10/30/2012 to correct naming convention (Edwards, S.). (Entered: 10/30/2012)
MOTION REFERRED to Julie A. Richards, Clerk of Court: 37 MOTION for Extension of Time to File Answer regarding 34 Amended Complaint. (Edwards, S.) (Entered: 10/30/2012)
TEXT ORDER granting defendant's 37 motion for extension of time. Defendant Edenton−Chowan Board of Education has through and including November 20, 2012 to answer or otherwise respond to plaintiff's second amended complaint. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 10/31/2012. (Skinner, J.) (Entered: 10/31/2012)
Motion Submitted to Senior Judge James C. Fox: 26 MOTION to Dismiss. (Edwards, S.) (Entered: 11/15/2012)
38 MOTION to Strike 34 Amended Complaint,, by Edenton−Chowan Board of Education. (Attachments: # 1 Text of Proposed Order) (DuBuisson, Eva) (Entered: 11/19/2012)
39 'REFILED AT 40 ON 11/20/2012' Memorandum in Support re 38 MOTION to Strike 34 Amended Complaint, filed by Edenton−Chowan Board of Education. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (DuBuisson, Eva) Modified on 11/26/2012 to include refiled information (Edwards, S.). (Entered:

Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 7 of 10

11/20/2012 11/20/2012
11/20/2012 11/27/2012 12/05/2012
12/05/2012 12/06/2012
12/07/2012 12/10/2012 12/11/2012 12/11/2012
12/11/2012

11/19/2012)
NOTICE OF DEFICIENCY regarding 39 Memorandum in Support. Failure to identify exhibits. Pursuant to Section L(2)(b) of the Court's Electronic Policy and Procedure Manual, exhibits must be identified with a clear and complete description of the document. Counsel is directed to refile the entire document, properly describing the attachments. (Heath, D.) (Entered: 11/20/2012)
40 Memorandum in Support re 38 MOTION to Strike 34 Amended Complaint,, filed by Edenton−Chowan Board of Education. (Attachments: # 1 Exhibit Chatman v. Duke Energy Carolinas 2009 WL 1652463, # 2 Exhibit Cupid v. Eckerd Youth Alternatives 2012 WL 1149295, # 3 Exhibit Hunter v. Prince George's County, MD 36 Fed. Appx. 103, # 4 Exhibit Robinson v. Hospitality Group Management 2009 WL 1383295) (DuBuisson, Eva) (Entered: 11/20/2012)
41 ANSWER to 34 Amended Complaint, by Edenton−Chowan Board of Education. (DuBuisson, Eva) (Entered: 11/20/2012)
42 FINANCIAL DISCLOSURE STATEMENT by Mary E. Lyons−Felton. (Jessup, Robert) (Entered: 11/27/2012)
43 'REFILED ON 12/6/12 AT 44 ' − STIPULATION regarding 38 MOTION to Strike 34 Amended Complaint, by Mary E. Lyons−Felton. (Attachments: # 1 Consent Order, # 2 Revised Second Amended Complaint, # 3 Exhibit One, # 4 Exhibit Two, # 5 Exhibit Three, # 6 Exhibit Four, # 7 Exhibit Five, # 8 Exhibit Seven) (Jessup, Robert) Modified on 12/7/2012 to include the refiled information (Edwards, S.). (Entered: 12/05/2012)
NOTICE OF DEFICIENCY regarding: 43 Stipulation − Failure to identify exhibits. Pursuant to Section L(2)(b) of the Court's Electronic Policy and Procedure Manual, exhibits must be identified with a clear and complete description of the document. Counsel is directed to refile the entire document, properly describing the attachments. (Edwards, S.) (Entered: 12/05/2012)
44 STIPULATION regarding 38 MOTION to Strike 34 Amended Complaint,, by Mary E. Lyons−Felton. (Attachments: # 1 Consent Order, # 2 Revised Second Amended Complaint, # 3 Exhibit One to Second Amended Complaint (EEOC Charge #1), # 4 Exhibit Two to Second Amended Complaint (EEOC Charge #2), # 5 Exhibit Three to Second Amended Complaint (EEOC Charge #3), # 6 Exhibit Four to Second Amended Complaint (DOJ Right to Sue Letter), # 7 Exhibit Five to Second Amended Complaint (EEOC Right to Sue Letter), # 8 Exhibit Seven to Second Amended Complaint (Permission to Amend)) (Jessup, Robert) (Entered: 12/06/2012)
Motion Submitted to Senior Judge James C. Fox: 38 MOTION to Strike 34 Amended Complaint. (Edwards, S.) (Entered: 12/07/2012)
45 Rule 26(f) Report (joint) by Mary E. Lyons−Felton. (Attachments: # 1 Exhibit Proposed Consent Protective Order) (Jessup, Robert) (Entered: 12/10/2012)
46 ORDER denying as moot the 26 Motion to Dismiss; deemed as withdrawn the 38 Motion to Strike. Counsel is reminded to read the order in its entirety for further information. The Clerk of Court is DIRECTED to file the revised Second Amended Complaint at 44 and the exhibits as a separate docket entry. Signed by Senior Judge James C. Fox on 12/10/2012. (Edwards, S.) (Entered: 12/11/2012)
47 REVISED SECOND AMENDED COMPLAINT against Edenton−Chowan Board of Education, filed by Mary E. Lyons−Felton. (Attachments: # 1 Exhibit One − EEOC Charge #1, # 2 Exhibit Two − EEOC Charge #2, # 3 Exhibit Three − EEOC Charge #3, # 4 Exhibit Four − DOJ Right to Sue Letter, # 5 Exhibit Five − EEOC Right to Sue Letter, # 6 Exhibit Seven − Permission to Amend. (Edwards, S.) (Entered: 12/11/2012)
Referred the parties proposed discovery plan and attachments at 45 to US Magistrate Judge William A. Webb for an order on scheduling. (Edwards, S.) (Entered: 12/11/2012)

Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 8 of 10

12/12/2012
12/12/2012 12/12/2012 01/18/2013
01/18/2013 01/22/2013
03/01/2013 03/05/2013
03/05/2013 10/09/2013 10/09/2013 10/09/2013 10/09/2013 10/17/2013 10/21/2013 10/21/2013 10/22/2013

48 SCHEDULING ORDER: Discovery due by 10/31/2013 − Motions due by 11/1/2013 − Jury Trial set for the 3/10/2014 term at 10:00 AM in Wilmington − Courtroom 1 before Senior Judge James C. Fox. Signed by US Magistrate Judge William A. Webb on 12/12/2012. (Attachments: # 1 Consent to US Magistrate Judge Form) (Edwards, S.) (Entered: 12/12/2012)
Referred the Proposed Consent Protective Order at docket entry 45 as an attachment, to US Magistrate Judge William A. Webb for review and consideration. (Edwards, S.) (Entered: 12/12/2012)
49 STIPULATED CONSENT PROTECTIVE ORDER. Signed by US Magistrate Judge William A. Webb on 12/12/2012. (Edwards, S.) (Entered: 12/12/2012)
50 MOTION for Extension of Time to File Response to Plaintiff's Discovery Requests by Edenton−Chowan Board of Education. (Attachments: # 1 Text of Proposed Order Granting Extension of Time to Respond to Discovery Requests) (DuBuisson, Eva) (Entered: 01/18/2013)
MOTION REFERRED Julie A. Richards, Clerk of Court: 50 MOTION for Extension of Time to File Response to Plaintiff's Discovery Requests. (Edwards, S.) (Entered: 01/18/2013)
51 ORDER granting 50 Motion for Extension of Time to File Response to Plaintiff's Discovery Requests. Counsel is reminded to read the order in its entirety for further information. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 1/22/2013. (Edwards, S.) (Entered: 01/22/2013)
52 SELECTION OF Bob Beason as mediator (Jessup, Robert) (Entered: 03/01/2013)
NOTICE TO COUNSEL regarding 52 Selection of Mediator. Incomplete certificate of service. For future reference, counsel should comply with Form A attached to the Courts' Electronic Policy and Procedure Manual which is available on the Courts' website www.nced.uscourts.gov. (Heath, D.) (Entered: 03/05/2013)
53 ORDER Appointing Mediator Robert A. Beason. Signed by Julie A. Richards, Clerk of Court on 3/5/13. (Horton, B.) (Entered: 03/05/2013)
54 First MOTION for Extension of Time to Complete Discovery by Mary E. Lyons−Felton. (Attachments: # 1 Text of Proposed Order) (Jessup, Robert) (Entered: 10/09/2013)
55 MOTION for Leave to File Memorandum Exceeding Thirty Pages by Edenton−Chowan Board of Education. (Attachments: # 1 Text of Proposed Order Proposed Order) (DuBuisson, Eva) (Entered: 10/09/2013)
Motion Submitted to Senior Judge James C. Fox: 55 MOTION for Leave to File Memorandum Exceeding Thirty Pages. (Edwards, S.) (Entered: 10/09/2013)
56 ORDER granting 55 Motion for Leave to File. Counsel is reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 10/9/2013. (Edwards, S.) (Entered: 10/09/2013)
57 RESPONSE in Opposition regarding 54 First MOTION for Extension of Time to Complete Discovery filed by Edenton−Chowan Board of Education. (DuBuisson, Eva) (Entered: 10/17/2013)
58 REPLY to Response to Motion regarding 54 First MOTION for Extension of Time to Complete Discovery filed by Mary E. Lyons−Felton. (Jessup, Robert) (Entered: 10/21/2013)
MOTION REFERRED to US Magistrate Judge William A. Webb: 54 First MOTION for Extension of Time to Complete Discovery. (Edwards, S.) (Entered: 10/21/2013)
59 ORDER denying 54 Motion for Extension of Time to Complete Discovery. Counsel is reminded to read the order in its entirety for detailed information. Signed by US Magistrate Judge William A. Webb on 10/21/2013. (Edwards, S.) (Entered: 10/22/2013)

Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 9 of 10

11/01/2013
11/01/2013 11/02/2013 11/14/2013 11/15/2013 11/15/2013 12/05/2013 12/05/2013 12/09/2013 12/09/2013

60 MOTION for Summary Judgment by Edenton−Chowan Board of Education. (Attachments: # 1 Index Index of Exhibits to Motion For Summary Judgment, # 2 Exhibit [#2] Mary E. Lyons−Felton Dep. Transcript − Vol. I, # 3 Exhibit [#3] Mary E. Lyons−Felton Dep. Transcript − Vol. I, # 4 Exhibit [#4] Smith Dep. Transcript − Vol. I, # 5 Exhibit [#5] Vol. II Smith Deposition Transcript, # 6 Exhibit [#6] Maddox Deposition Transcript Vol. I, # 7 Exhibit [#7] Maddox Deposition Transcript Vol. II, # 8 Exhibit [#8] Win Dale Deposition Transcript, # 9 Exhibit [#9] Ricky Browder Deposition Transcript, # 10 Exhibit [#10] Karen Molloy Affidavit Affidavit, # 11 Exhibit [#11]Olinka Baker Affidavit, # 12 Exhibit [#12]Lt. Col. Nelson Affidavit, # 13 Exhibit [#13]Amy Asbell Affidavit, # 14 Exhibit [#14] Arlisa Wills Affidavit, # 15 Exhibit [#15]Shirley Powell Affidavit, # 16 Exhibit [#16] Willie Koonce Affidavit, # 17 Exhibit [#17] Tanya Turner Affidavit, # 18 Exhibit [#18] Jamie Gillespie Affidavit, # 19 Exhibit [#19]John Guard Affidavit, # 20 Exhibit [#20] Gil Burroughs Affidavit, # 21 Exhibit [#21] Gene Jordan Affidavit, # 22 Exhibit [#22] Jean Bunch Affidavit, # 23 Exhibit [#23] Board Policies, # 24 Exhibit [#24] 2009 Manual, # 25 Exhibit [#25]Felton Application, # 26 Exhibit [#26] Gillespie Application For JAH Principal Job, # 27 Exhibit [#27] Leggett Application, # 28 Exhibit [#28] Maddox/Felton Correspondence re FMLA, # 29 Exhibit [#29]Felton Correspondence re CDC, # 30 Exhibit [#30] Felton E−mail 9/16/09, # 31 Exhibit [#31] Email Exchange with Ruiz, # 32 Exhibit [#32] Felton Absence Report) (DuBuisson, Eva) (Entered: 11/01/2013)
61 Memorandum in Support regarding 60 MOTION for Summary Judgment filed by Edenton−Chowan Board of Education. (Attachments: # 1 Supplement Hill v. Wal−Mart Stores, Inc., # 2 Supplement Pledger v. Mayview Convalescent Home, Inc.) (DuBuisson, Eva) (Entered: 11/01/2013)
REMINDER TO COUNSEL regarding 60 and 61 − Pursuant to Judge Fox's Practice and Procedures located on the courts website, http://www.nced.uscourts.gov/judges/fox.aspx, counsel shall provide a courtesy copy of motions and memoranda for documents over 20 pages, by mailing or delivering to the clerk's office in Wilmington. If your recently filed document(s) is less than 20 pages or if you have already mailed the courtesy copy(ies), please disregard this notice. Thank you. (Edwards, S.) (Entered: 11/02/2013)
62 MOTION for Extension of Time to File Response as to 60 MOTION for Summary Judgment, 61 Memorandum in Support and for extended page limit on Plaintiff's Memoranda in Response by Mary E. Lyons−Felton. (Attachments: # 1 Text of Proposed Order) (Jessup, Robert) Modified on 11/15/2013 to correct the document description (Edwards, S.). (Entered: 11/14/2013)
Motion Submitted to Senior Judge James C. Fox: 62 MOTION for Extension of Time to File Response as to 60 MOTION for Summary Judgment, 61 Memorandum in Support and for extended page limit on Plaintiff's Memoranda in Response. (Edwards, S.) (Entered: 11/15/2013)
63 ORDER granting 62 Motion for Extension of Time to File Response regarding 60 MOTION for Summary Judgment and to increase Plaintiffs page limit on her Memorandum in Response to Defendant's Motion for Summary Judgment by ten (10) pages. Response now due by 12/7/2013. Signed by Senior Judge James C. Fox on 11/15/2013. (Edwards, S.) (Entered: 11/15/2013)
64 SECOND MOTION for Extension of Time to File Response as to 60 MOTION for Summary Judgment, 61 Memorandum in Support, by Mary E. Lyons−Felton. (Attachments: # 1 Text of Proposed Order) (Jessup, Robert) (Entered: 12/05/2013)
MOTION REFERRED to Julie A. Richards, Clerk of Court: 64 SECOND MOTION for Extension of Time to File Response as to 60 MOTION for Summary Judgment, 61 Memorandum in Support. (Edwards, S.) (Entered: 12/05/2013)
Motion No Longer Referred to Julie A. Richards: 64 MOTION for Extension of Time to File Response as to 60 MOTION for Summary Judgment, 61 Memorandum in Support. (Edwards, S.) (Entered: 12/09/2013)
Motion Submitted to Senior Judge James C. Fox: 64 MOTION for Extension of Time to File Response as to 60 MOTION for Summary Judgment, 61

Case: 2:12-cv-16 As of: 09/14/2014 11:42 AM EDT 10 of 10

12/09/2013
12/20/2013 12/20/2013
12/20/2013

Memorandum in Support. (Edwards, S.) (Entered: 12/09/2013)
66 ORDER holding in abeyance 60 Motion for Summary Judgment; granting 64 Motion for Extension of Time to File Response. If possible, the parties should file the stipulation of dismissal on or before January 31, 2014. If the agreement has not been finalized by such time, the court requests a status report regarding the settlement from the parties on or before January 31, 2014. Signed by Senior Judge James C. Fox on 12/9/2013. (Edwards, S.) (Entered: 12/09/2013)
67 STIPULATION of Dismissal by Mary E. Lyons−Felton. (Jessup, Robert) (Entered: 12/20/2013)
NOTICE TO COUNSEL regarding: 67 Stipulation of Dismissal. Each attorney should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). The second attorney listed in the signature block for the defendant does not appear to have a notice of appearance in this matter. If he is not proceeding as counsel in this matter and will not be filing an appearance, counsel must refile the document. (Edwards, S.) (Entered: 12/20/2013)
68 NOTICE of Appearance by Daniel W. Clark on behalf of Edenton−Chowan Board of Education (Clark, Daniel) (Entered: 12/20/2013)