West Virginia E-Filing Notice

CC-02-2019-C-93
Judge: Laura Faircloth
To: Ben Salango
bsalango@wvlawyer.com

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF BERKELEY COUNTY, WEST VIRGINIA

Amber Pack v. Berkeley County Board of Education
CC-02-2019-C-93

The following supporting documents was FILED on 4/30/2019 4:58:51 PM

Notice Date: 4/30/2019 4:58:51 PM

Virginia Sine
CLERK OF THE CIRCUIT
Berkeley
380 W. South Street
MARTINSBURG, WV 25401

(304) 264-1918
belinda.parsons@courtswv.gov
 E-FILED | 4/30/2019 4:58 PM
CC-02-2019-C-93
Berkeley County Circuit Clerk
Virginia Sine

IN THE CIRCUIT COURT OF BERKELEY COUNTY, WEST VIRGINIA

AMBER PACK, as Mother and

Next Friend of Adrianna Pack,
a minor,

Plaintiff,

v. Civil Action No.: 19-C-93

Judge Faircloth

BERKELEY COUNTY BOARD OF EDUCATION,

CHRISTINA LESTER,
JUNE YURISH,
KRISTIN DOUTY, and
AMBER BOECKMANN,

Defendants.

BERKELEY COUNTY BOARD OF EDUCATION’S

NOTICE OF VOLUNTARY DISMISSAL

COMES NOW the Berkeley County Board of Education (“Board”), by counsel,

pursuant to Rule 41(a)(i) of the West Virginia Rules of Civil Procedure and voluntarily dismisses

its Third-Party Complaint against Amber Pack, individually, and its Counterclaim against Amber

Pack as Mother and Next Friend of Adrianna Pack, a minor.

1. The Board filed these actions—that do not seek money damages or any

other penalties—for the sole purpose of seeking the Court’s ruling on the critical legal issue of

whether the audio recordings in this matter were obtained and used in violation of the West

Virginia Wiretap Act and/or federal law.

2. Whether the recordings are admissible evidence is an important legal issue

that all parties need to know at the outset of this litigation.

3. Subsequent to the Board’s pleadings, other named Defendants in this action

filed suits that seek the Court’s determination on this imperative legal issue.
 4. The Court’s rulings on the other Defendants’ claims will adequately inform

and guide the Board’s actions and decisions regarding its legal obligations for possessing and

properly using or not using the audio recordings at issue in this case.

5. Accordingly, the Board hereby WITHDRAWS and DISMISSES its Third-

Party Complaint and Counterclaim in this matter.

BERKELEY COUNTY
BOARD OF EDUCATION
Defendant, By Counsel

___/s/ Charles F. Printz, Jr._________________

Charles F. Printz, Jr., Esquire (WVSB #2985)
William L. Burner, Esquire (WVSB #12722)
Laura L. Sutton, Esquire (WVSB #7075)
Bowles Rice LLP
101 South Queen Street
Post Office Drawer 1419
Martinsburg, West Virginia 25402-1419
 CERTIFICATE OF SERVICE

I, Charles F. Printz, Jr., do hereby certify that on April 30, 2019, I served the

foregoing BERKELEY COUNTY BOARD OF EDUCATION’S NOTICE OF VOLUNTARY

DISMISSAL upon the below-named individuals by electronically filing the same through the West

Virginia electronic filing system:

C. Benjamin Salango, Esquire Joseph Cramer, Esq. (WVSB #11455)

Kristina Salagno, Esquire
Preston & Salango, PLLC
Post Office Box 3084
206 Capitol Street, Suite 200
Charleston, West Virginia 25331
Counsel for Amber Pack, as Mother
And Next Friend of Adrianna Pack
Michael D. Dunham, Esq. (WVSB #12533)
Shuman, McCuskey & Slicer
116 South Stewart Street, First Floor
Winchester, Virginia 22601
Counsel for June Yurish and Kristin Douty

James W. Marshall, III, Esq. (WVSB #10677)
Bailey & Wyant, PLLC
300 Foxcroft Avenue, Suite 100B, Room 8
Martinsburg, West Virginia 25401
Counsel for Christina Lester
Matthew R. Whitler, Esq. (WVSB #7628)
Pullin, Fowler, Flanagan, Brown & Poe, PLLC
261 Aikens Center, Suite 301
Martinsburg, West Virginia 25404
Counsel for Amber Boeckmann

Michael W. Taylor, Esq. (WVSB #11715)

Bailey & Wyant, PLLC
Post Office Box 3710
Charleston, West Virginia 25337-3710
Counsel for Christina Lester

/s/ Charles F. Printz, Jr._________________

Charles F. Printz, Jr., Esq.

10930724.1