In a strategic move, City of Wilmington in Delaware requested to transfer Jeremy “Bam” McDole case first filed in State Superior Court to District Federal Court. Federal law allows for change of venue and/or removal to transfer cases between courts. Thomas Neuberger, an attorney representing the McDole family, called the transfer “disappointing” and said it could be motivated by race because minorities are less likely to be represented in federal juries that are pulled from the entire state.
Black plaintiffs’ law suits and especially against the City of Wilmington must now be evaluated as to whether or not these cases have been litigated fairly in Federal court. One such case is Wright, et. al vs. City of Wilmington (Civil Action No. 13-1966-SLR-SRF). While the case originated in Federal Court, being litigated there may have been inherently a disadvantage to plaintiffs. In a ruling dated January 28, 2016 it’s written, “Presently before the court in this in this civil rightsj action, brought under 42 U.S.C. § 1983, are the following motions: (1) a motion to certify class filed by plaintiffs Keith Medley (“Medley”), Antoine Murrey (“Murrey”), and Jayvon Wright (“Wright”) (collectively, “plaintiffs”)1 (D.I. 3); (2) a motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by the City of Wilmington (the “City” or “defendant”) (D.I. 10); (3) defendant’s motion for a protective order (D.I. 15); (4) plaintiffs’ motion to compel (D.I. 17); and (5) plaintiffs’ motion to amend the complaint and add members of the proposed class (D.I. 30). For the following reasons, I recommend that the court deny plaintiffs’ motion to certify class, deny as moot defendant’s motion to dismiss, deny as moot defendant’s motion for a protective order, deny as moot plaintiffs’ motion to compel, and grant plaintiffs’ motion to amend.” It is unthinkable that Judge Robinson will make an order denying plaintiffs’ motion to certify class. Read the complete recommendation:
In a different case, although Delaware has over three thousand practicing attorneys and after spending Thousands of dollars in attorney fees just to meet administrative requirements to file a civil rights law suit, plaintiff proceeded in court Pro Se (without an attorney representation in the case). Prerequisite Delaware Department of Labor charge was filed and a Right to Sue was issued after 310 days, a little more than 10 months had lapsed. Later to learn, DDOL was culpable in its handling of discrimination claims making a “reasonable cause” finding in only 1 out of 190 discrimination charges filed between 2012 and 2015.
Again in this case, a transfer from state to federal court by way of consolidation took place; litigation ground to a halt. Plaintiff’s case filed August 2014 was assigned to the Chief Judge. The Defendants lawyered up having 3 attorneys on record pleading Defendants’ case. Federal Rules of Civil Procedure (FRCP) Rule 16. (b)(2) Time to Issue. The judge must issue the scheduling order as soon as practicable, but in any event within the earlier of 120 days after any defendant has been served with the complaint or 90 days after defendant has appeared. The Scheduling Order grossly delayed was issued September 2015.
Wait for it, wait for it…it is Plaintiff’s belief that unjustifiably, this case will continue to linger in Federal court. In the event that an officer of the court, Neuberger, has alleged discriminatory practices in litigating civil rights cases in the Delaware justice system, it now requires @LorettaLynch to lend U.S. DOJ invention and enforcement.
YOU CAN DEFINE SOMETHING THAT HAS MEANING.
rights of individuals to receive equal treatment (and to be free from unfair treatment or “discrimination”) in a number of settings — including education, employment, housing, and more — and based on certain legally-protected characteristics.
– See more at: http://civilrights.findlaw.com/civil-rights-overview/what-are-civil-rights.html#.dpuf