EVANS et al v. DURHAM, NORTH CAROLINA, CITY OF et al Featured Case

Plaintiffs David F. Evans, Collin Finnerty and Reade Seligmann were Duke lacrosse players. They alleged that defendants, individually and in concert, maliciously conspired to bring charges of rape, sexual assault, and kidnapping against them by suppressing and manufacturing evidence.

Defendants

The City of Durham, North Carolina

Fourteenth Prosecurial District in North Carolina

  • Michael B. Nifong, District Attorney
  • Linwood Wilson, Investigator

Durham Police Department

  • Mark Gottlieb, Detective,
  • Benjamin Himan, Investigator
  • David Addison, Corporal
  • Steven Chalmers, Chief of Police
  • Beverly Council, Commander of the Uniform Patrol Bureau
  • Ronald Hodge, Deputy Chief of Police
  • Jeff Lamb, Commander of the District Two Uniform Patrol
  • Stephen Mihaich, Commander of Investigative Services
  • Michael Ripberger, Lieutenant
  • Lee Russ, Executive Officer to the Chief of Police

DNA Security, Inc.

  • Richard Clark, President
  • Brian Meehan, Laboratory Director

Plaintiff: DAVID F. EVANS, COLLIN FINNERTY and READE SELIGMANN
Defendant: DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON, LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN and PATRICK BAKER
Case Number: 1:2007cv00739
Filed: October 5, 2007
Court: US District Court for the Middle District of North Carolina
Office: Durham Office
County: Durham
Presiding Judge:
Presiding Judge: JAMES A. BEATY
Presiding Judge: WALLACE W. DIXON
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 1, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 4, 2010 Motions Submitted: 125 MOTION to Dismiss Second Amended Complaint, 124 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 120 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 126 MOTION to Dismiss, 119 MOTION to Dismiss Second Amended Complaint, 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 117 MOTION to Dismiss OF MICHAEL B. NIFONG, 123 MOTION to Dismiss Second Amended Complaint, 121 MOTION to Dismiss Plaintiffs' Second Amended Complaint to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 15, 2010 Filing 131 REPLY BRIEF with Respect to the City of Durham's 130 Supplemental Brief in Support of its' 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint; filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD) Modified on 4/16/2010 to reflect accurate title of pldg. (Lee, Lisa).
March 15, 2010 Filing 129 Plaintiffs' Consolidated Opposition to Defendants' 124 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 120 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 123 MOTION to Dismiss Second Amended Complaint, 121 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 125 MOTION to Dismiss Second Amended Complaint, 126 MOTION to Dismiss, 119 MOTION to Dismiss Second Amended Complaint, 117 MOTION to Dismiss OF MICHAEL B. NIFONG filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Replies due by 4/1/2010. (MANNING, CHRISTOPHER) Modified on 3/16/2010 to reflect accurate title of pldg. (Lee, Lisa).
March 11, 2010 Filing 128 Supplemental BRIEF re 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Defendant DURHAM, NORTH CAROLINA, CITY OF filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD)
March 11, 2010 Filing 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint by DURHAM, NORTH CAROLINA, CITY OF. Responses due by 4/5/2010 (GILLESPIE, REGINALD)
March 10, 2010 Filing 126 MOTION to Dismiss Second Amended Complaint by BRIAN MEEHAN. Responses due by 3/31/2010 (ROBERTS, JAMES)
March 10, 2010 Filing 125 MOTION to Dismiss Second Amended Complaint by BENJAMIN HIMAN. Responses due by 4/5/2010 (SAPPENFIELD, HENRY)
March 10, 2010 Filing 124 MOTION to Dismiss Plaintiffs' Second Amended Complaint by PATRICK BAKER, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. Responses due by 4/5/2010 (KERNER, PATRICIA)
March 10, 2010 Filing 123 MOTION to Dismiss Second Amended Complaint by RICHARD CLARK, DNA SECURITY, INC. Responses due by 3/31/2010 (PINYAN, CLINTON)
March 10, 2010 Filing 122 NOTICE of Appearance by attorney CLINTON R. PINYAN on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (PINYAN, CLINTON)
March 10, 2010 Filing 121 MOTION to Dismiss Plaintiffs' Second Amended Complaint by DAVID ADDISON. Responses due by 4/5/2010 (MAXWELL, JAMES)
March 9, 2010 Filing 120 MOTION to Dismiss Plaintiffs' Second Amended Complaint by MARK GOTTLIEB. Responses due by 4/2/2010 (STEVENS, ERIC)
March 4, 2010 Filing 119 MOTION to Renew 29 Motion to Dismiss in Second Amended Complaint; filed by LINWOOD WILSON. Responses due by 3/29/2010 (WILSON, LINWOOD) Modified on 3/5/2010 to reflect accurate title of pldg. (Lee, Lisa).
February 18, 2010 Filing 118 MEMORANDUM in Support of 117 MOTION to Dismiss; filed by MICHAEL B. NIFONG. (CRAVEN, JAMES) Modified on 2/19/2010 to reflect accurate title of pldg. (Lee, Lisa).
February 18, 2010 Filing 117 MOTION to Dismiss OF MICHAEL B. NIFONG by MICHAEL B. NIFONG. Responses due by 3/15/2010 (CRAVEN, JAMES)
February 18, 2010 Filing 116 Second AMENDED COMPLAINT against defendant DAVID ADDISON, PATRICK BAKER, STEVEN W. CHALMERS, RICHARD CLARK, BEVERLY COUNCIL, DNA SECURITY, INC., DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, RONALD HODGE, JEFF LAMB, BRIAN MEEHAN, STEPHEN MIHAICH, MICHAEL B. NIFONG, MICHAEL RIPBERGER, LEE RUSS, LINWOOD WILSON, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES)
February 16, 2010 Set Deadline: Second Amended Complaint due 2/23/2010 pursuant to Order entered 2/16/2010. (Welch, Kelly)
February 16, 2010 Opinion or Order Filing 115 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 2/16/2010. Plaintiffs Motion for Leave to File a Second Amended Complaint 109 is GRANTED, and Plaintiffs must file their Second Amended Complaint within seven (7) days of this Order. Previously-filed Motions to Dismiss 42 will be terminated as MOOT. Defendants may file renewed Motions to Dismiss within 21 days after the Second Amended Complaint is filed, but those renewed Motions to Dismiss should not be accompanied by any further briefing, and should instead incorporate any previous briefing by reference to the relevant docket numbers in this case. City may file an additional supplemental supporting memorandum not to exceed 20 pages addressing new matters reflected in the Second Amended Complaint, and a Response to the supplemental memorandum, not to exceed 20 pages, may be filed within 21 days thereafter, with a Reply not to exceed 10 pages filed 14 days later. All other Responses and Replies may be incorporated by reference, without need for further briefing related to the Motions to Dismiss (see Page 3). (Powell, Gloria)
February 16, 2010 Set Deadline: Second Amended Complaint due 2/23/2010 pursuant to Order entered 2/16/2010. (Powell, Gloria)
January 7, 2010 Filing 114 Suggestion of Subsequently Decided Authority re 42 MOTION to Dismiss by Defendants DAVID ADDISON, PATRICK BAKER, STEVEN W. CHALMERS, BEVERLY COUNCIL, DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. (GILLESPIE, REGINALD)
January 5, 2010 Filing 113 NOTICE Concerning Dismissal of Pendig United States Supreme Court Case; filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN re 42 MOTION to Dismiss, 112 Supplemental Memorandum (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (DAVANT, CHARLES) Modified on 1/6/2010 to reflect accurate title of pldg. (Lee, Lisa).
November 18, 2009 Filing 112 Second Supplemental Memorandum by Defendant MICHAEL B. NIFONG. (CRAVEN, JAMES) (Additional attachment(s) added on 11/18/2009: # 1 Attachment) (Lee, Lisa).
October 2, 2009 ***Motions Submitted: 109 MOTION for Leave to File Second Amended Complaint to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
September 21, 2009 Filing 111 REPLY in Support of 109 MOTION for Leave to File Second Amended Complaint filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (DAVANT, CHARLES) Modified on 9/22/2009 to reflect accurate title of pldg. (Lee, Lisa).
September 4, 2009 Filing 110 RESPONSE in Opposition re 109 MOTION for Leave to File Second Amended Complaint filed by DURHAM, NORTH CAROLINA, CITY OF. Replies due by 9/24/2009. (Attachments: # 1 Text of Proposed Order including alternate versions of proposed order on motion for leave to amend -- proposed order denying motion and proposed order allowing motion) (GILLESPIE, REGINALD)
August 12, 2009 Filing 109 MOTION for Leave to File Second Amended Complaint by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Responses due by 9/4/2009 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order) (DAVANT, CHARLES)
August 12, 2009 Filing 108 SUPPLEMENTAL MEMORANDUM ON BEHALF OF MICHAEL B. NIFONG re 97 Memorandum by Defendant MICHAEL B. NIFONG. (CRAVEN, JAMES) Modified on 8/13/2009 to remove duplicate text (Lee, Lisa).
July 14, 2009 Filing 107 Supplemental BRIEF Opposing 42 MOTION to Dismiss; filed by Plaintiffs DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (DAVANT, CHARLES) Modified on 7/15/2009 to reflect accurate title of pldg. (Lee, Lisa).
June 30, 2009 Filing 106 NOTICE of Appearance by attorney RICHARD D. EMERY on behalf of Plaintiff READE SELIGMANN (EMERY, RICHARD)
June 30, 2009 Filing 105 NOTICE of Appearance by attorney ILANN M. MAAZEL on behalf of Plaintiff READE SELIGMANN (MAAZEL, ILANN)
June 29, 2009 Filing 104 NOTICE of Appearance by attorney RICHARD D. EMERY on behalf of Plaintiff READE SELIGMANN (EMERY, RICHARD)
June 29, 2009 Filing 103 NOTICE of Appearance by attorney ILANN M. MAAZEL on behalf of Plaintiff READE SELIGMANN (MAAZEL, ILANN)
June 29, 2009 NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 103 Notice of Appearance, 104 Notice of Appearance. Purs. to LR83.1(c)(2). Refile with the /s/ signature of Local Counsel a member of the Bar of this Court. (Wilson, JoAnne)
June 24, 2009 Filing 102 REPLY, filed by Defendant BRIAN MEEHAN, to Response to 30 MOTION to Dismiss Defendant Meehan's Joinder in Defendants DNA Security, Inc, and Richard Clark's Supplemental Brief in Support of Motion to Dismiss. (ROBERTS, JAMES)
June 24, 2009 Filing 101 Supplemental BRIEF In Support Of Linwood Wilson's Motion To Dismiss 29 by Defendant LINWOOD WILSON. (WILSON, LINWOOD)
June 24, 2009 Filing 100 Supplemental BRIEF re 43 Brief, 42 MOTION to Dismiss, 39 Brief, 37 Brief by Defendants DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN (GILLESPIE, REGINALD)
June 24, 2009 Filing 99 Supplemental BRIEF re 41 Brief, 62 Reply to Response to Motion, 35 Brief, 60 Reply to Response to Motion,. (Attachments: # 1 Exhibit Attachment I -- Iqbal Complaint)(KERNER, PATRICIA)
June 24, 2009 Filing 98 Supplemental BRIEF re 63 Reply to Response to Motion, 33 Brief by Defendants DNA SECURITY, INC., RICHARD CLARK by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT)
June 24, 2009 Filing 97 MEMORANDUM ON BEHALF OF MICHAEL B. NIFONG by Defendant MICHAEL B. NIFONG. (CRAVEN, JAMES)
June 4, 2009 Opinion or Order Filing 96 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 6/4/2009 that within 20 days of the date of this Order, any of the previously-designated Defendant groups may file a Supplemental Brief, not to exceed 20 pages, addressing the impact of the Supreme Court's decision in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), on the resolution of the pending Motions to Dismiss in this case. FURTHER that within 20 days after such Supplemental Briefs are filed, Plaintiffs may file a Response Brief, not to exceed 20 pages, responding to any issues raised in the Supplemental Briefs. (Lee, Lisa)
March 30, 2009 Opinion or Order Filing 95 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 3/30/2009 that for administrative purposes, the various Motions to Dismiss (Doc. # 29 , # 30 , # 32 , # 34 , # 36 , # 38 , # 40 , # 42 and # 90 ) are CONSOLIDATED into a single Motion to Dismiss (designated as Doc. # 42 ) for further review and consideration by the Court. (Lee, Lisa)
March 22, 2009 Filing 94 FIRST SUPPLEMENT to 78 MOTION for Partial Summary Judgment (Governmental Immunity) by Defendant DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD) Modified on 3/23/2009 to reflect accurate title of pldg. (Lee, Lisa).
February 27, 2009 Filing 93 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant MARK GOTTLIEB. DAVID WILLIAM LONG is substituted as counsel for Defendant. Attorney EDWIN M. SPEAS, JR terminated. (LONG, DAVID)
February 19, 2009 ***Motions Submitted: 90 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
January 29, 2009 Filing 92 MEMORANDUM of LAW in Opposition to 90 MOTION to Dismiss filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (DAVANT, CHARLES)
January 15, 2009 Filing 91 MEMORANDUM filed by Defendant MICHAEL B. NIFONG re 90 MOTION to Dismiss filed by MICHAEL B. NIFONG. (CRAVEN, JAMES)
January 15, 2009 Filing 90 MOTION to Dismiss by MICHAEL B. NIFONG. Responses due by 2/9/2009 (CRAVEN, JAMES)
December 29, 2008 ***Motions Submitted: 78 MOTION for Partial Summary Judgment (Governmental Immunity) to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
December 15, 2008 Filing 89 CERTIFICATE OF SERVICE by DURHAM, NORTH CAROLINA, CITY OF re 86 Affidavit, 87 Affidavit (GILLESPIE, REGINALD)
December 12, 2008 Filing 88 REPLY to Response to 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD)
December 12, 2008 Filing 87 AFFIDAVIT of Arche L. McAdoo re 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD)
December 12, 2008 Filing 86 AFFIDAVIT of Amy M. DeLorenze re 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD)
December 9, 2008 Opinion or Order Filing 85 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 12/9/2008 that upon consideration of Plaintiffs' 84 Motion to Reopen Case as to Defendant Nifong, and to Set Agreed-Upon Deadline for His Responsive Pleading ("Motion"), and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall reopen this action administratively in his records as to the individual defendant MICHAEL B. NIFONG. IT IS FURTHER ORDERED that Defendant Nifong shall file an answer or motion to dismiss on or before January 15, 2009. (Lee, Lisa)
December 9, 2008 ***Motions Submitted: 84 MOTION to Reopen Case as to Defendant Nifong to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
December 5, 2008 Filing 84 MOTION to Reopen Case as to Defendant Nifong by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Text of Proposed Order) (DAVANT, CHARLES)
November 24, 2008 Filing 83 RESPONSE in Opposition to 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Replies due by 12/12/2008. (Attachments: # 1 Affidavit Rule 56(f) Affidavit of Charles Davant IV, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K) (DAVANT, CHARLES)
November 12, 2008 Opinion or Order Filing 82 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 11/12/08, that Plaintiffs' Motion to Compel Defendants to Confer Under Rule 26(f) [Document # 67 ] is DENIED. (Law, Trina)
October 24, 2008 Filing 81 CERTIFICATE OF SERVICE by DURHAM, NORTH CAROLINA, CITY OF re 79 Affidavit of Darwin Laws and attached Exhibits 1, 2, and 3 (GILLESPIE, REGINALD)
October 22, 2008 Filing 80 BRIEF re 79 Affidavit, 78 MOTION for Partial Summary Judgment (Governmental Immunity). (GILLESPIE, REGINALD)
October 22, 2008 Filing 79 AFFIDAVIT re 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by Defendant DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (GILLESPIE, REGINALD)
October 22, 2008 Filing 78 MOTION for Partial Summary Judgment (Governmental Immunity) by DURHAM, NORTH CAROLINA, CITY OF. Responses due by 11/24/2008 (GILLESPIE, REGINALD)
October 17, 2008 Filing 77 NOTICE of Change of Address by ERIC P. STEVENS (STEVENS, ERIC)
October 17, 2008 Filing 76 NOTICE of Change of Address by EDWIN M. SPEAS, JR (SPEAS, EDWIN)
September 10, 2008 Opinion or Order Filing 75 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/9/2009 that Defendant Linwood Wilson's Motion (Document# 73 ) is GRANTED, and after Defendant Wilson completes the training required by the Clerk's Office, Defendant Wilson may register as a Filing User in the Court's Electronic Case Filing System with respect solely to the present action. (Lee, Lisa)
September 2, 2008 ***Motions Submitted: 67 MOTION to Compel Rule 26(f) Conference, 73 MOTION to Allow Defendant Linwood Wilson to Use the CM/ECF System to File Documents Electronically to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
August 4, 2008 Filing 74 REPLY in Support of 67 MOTION to Compel Rule 26(f) Conference filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Exhibit A) (DAVANT, CHARLES)
July 29, 2008 Filing 73 MOTION to Allow Defendant Linwood Wilson to Use the CM/ECF System to File Documents Electronically; filed by LINWOOD WILSON. Responses due by 8/21/2008. (Lee, Lisa) (Additional attachment(s) added on 8/1/2008: # 1 Main Document) (Lee, Lisa).
July 17, 2008 Filing 72 RESPONSE by Defendant LINWOOD WILSON to 67 MOTION to Compel Rule 26(f) Conference. (Attachments: # 1 Envelope (Front)) (Lee, Lisa)
July 17, 2008 Filing 71 RESPONSE in Opposition re 67 MOTION to Compel Rule 26(f) Conference filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON. Replies due by 8/4/2008. (Attachments: # 1 Exhibit Attachment I -- August 16, 2007 letter, # 2 Exhibit Attachment II -- September 26, 2007 letter, # 3 Exhibit Attachment III -- May 7, 2008 letter, # 4 Exhibit Attachment IV -- May 19, 2008 Letter, # 5 Exhibit Attachment V -- May 19, 2008 Letter to Emery)(KERNER, PATRICIA)
July 17, 2008 Filing 70 RESPONSE in Opposition re 67 MOTION to Compel Rule 26(f) Conference DEFENDANT MEEHAN'S JOINDER IN DEFENDANTS DNA SECURITY, INC. AND RICHARD CLARK'S RESPONSE TO PLAINTIFFS' MOTION TO COMPEL DEFENDANTS TO CONFER UNDER RULE 26(f) filed by BRIAN MEEHAN. Replies due by 8/4/2008. (DICKINSON, PAUL)
July 17, 2008 Filing 69 RESPONSE filed by Defendants DNA SECURITY, INC., RICHARD CLARK re 67 MOTION to Compel Rule 26(f) Conference filed by READE SELIGMANN, COLLIN FINNERTY, DAVID F. EVANS. Replies due by 8/4/2008. (Attachments: # 1 Exhibit Tab A - Correspondence, # 2 Exhibit Tab B - Transcripts)(KING, ROBERT)
July 1, 2008 Filing 68 NOTICE of Linwood Wilson's Opposition to 67 MOTION to Compel Rule 26(f) Conference; filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (Attachments: # 1 Exhibit 6, # 2 Exhibit 7) (DAVANT, CHARLES) Modified on 7/2/2008 to reflect accurate title of pldg. (Lee, Lisa).
June 24, 2008 Filing 67 MOTION to Compel Rule 26(f) Conference by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Responses due by 7/17/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (DAVANT, CHARLES)
June 17, 2008 ***Motions Submitted: 29 MOTION to Dismiss, 40 MOTION to Dismiss, 32 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6) MOTION to Dismiss pursuant to Rule 12(b)(6), 30 MOTION to Dismiss, 38 MOTION to Dismiss, 42 MOTION to Dismiss, 36 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
May 16, 2008 Filing 66 Amended Certificate of Service; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (WARF, D.)
May 9, 2008 Filing 65 REPLY in Support of 42 MOTION to Dismiss; filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa).
May 9, 2008 Filing 64 JOINDER in REPLY in Support of 40 MOTION to Dismiss of Defendants DNA Security, Inc. and Richard Clark; filed by BRIAN MEEHAN. (DICKINSON, PAUL) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa).
May 9, 2008 Filing 63 REPLY BRIEF in Support of 32 MOTION to Dismiss filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa).
May 9, 2008 Filing 62 REPLY MEMORANDUM in Support of 40 MOTION to Dismiss filed by DAVID ADDISON. (MAXWELL, JAMES)
May 9, 2008 Filing 61 JOINT REPLY MEMORANDUM in Support of 36 MOTION to Dismiss filed by Defendants Mark Gottlieb and Benjamin Himan (STEVENS, ERIC) Modified on 5/12/2008 to remove duplicate text (Lee, Lisa).
May 9, 2008 Filing 60 REPLY in Support of 34 MOTION to Dismiss; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. (KERNER, PATRICIA) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa).
May 1, 2008 Opinion or Order Filing 59 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 5/1/2008 that on 55 motion of defendant Brian Meehan and pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and LR6.1(a), MDNC, it is hereby ORDERED that the time within which the moving defendant may file and serve his reply brief in support of his motion to dismiss be, and such time hereby is, enlarged through and including May 9, 2008. (Lee, Lisa)
May 1, 2008 Opinion or Order Filing 58 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 4/30/2008 that on 54 motion of Defendants DNA Security, Inc. and Richard Clark, and pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and LR6.2(a), MDNC, it is hereby ordered that the time within which the moving Defendants may file and serve their reply brief in support of their motion to dismiss be, and such time hereby is, enlarged, through and including May 9, 2008. (Lee, Lisa)
May 1, 2008 Opinion or Order Filing 57 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 4/30/2008 that Ilann M. Maazel, and Richard D. Emery be, and thereby are, admitted to this Court, pro hac vice, and that Ilann M. Maazel, and Richard D. Emery, David S. Rudolf and the law firm Rudolf, Widenhouse & Fialko be noted as counsel of record for Plaintiff Reade Seligmann. (Lee, Lisa)
May 1, 2008 Opinion or Order Filing 56 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 4/30/2008 that on 53 motion of Defendants City of Durham, North Carolina, David Addison, Patrick Baker, Steven Chalmers, Beverly Council, Mark Gottlieb, Benjamin Himan, Ronald Hodge, Jeff Lamb, Michael Ripberger, and Lee Russ, and pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and LR6.1(a), MDNC, it is hereby ordered that the time within which the moving Defendants may file and serve reply briefs in support of their motions to dismiss be, and such time hereby is, enlarged, through and including May 9, 2008. (Lee, Lisa)
May 1, 2008 ***Motions Submitted: 55 MOTION for Extension of Time to File Reply as to 30 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 30, 2008 Filing 55 MOTION for Extension of Time to File Reply Brief as to 30 MOTION to Dismiss First Amended Complaint; filed by BRIAN MEEHAN. Responses due by 5/23/2008 (Attachments: # 1 Text of Proposed Order [Proposed] Order Allowing Motion) (DICKINSON, PAUL)
April 30, 2008 Filing 54 MOTION for Extension of Time to File Response/Reply Brief In Support of Motion to Dismiss First Amended Complaint by DNA SECURITY, INC., RICHARD CLARK. Responses due by 5/23/2008 (KING, ROBERT)
April 30, 2008 ***Motions Submitted: 53 MOTION for Extension of Time to File Reply as to 38 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 30, 2008 ***Motions Submitted: 54 MOTION for Extension of Time to File Reply Brief In Support of Motion to Dismiss First Amended Complaint to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 30, 2008 ***Motions Submitted: 50 MOTION for Pro Hac Vice Admission to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 28, 2008 Filing 53 MOTION for Enlargement of Time to File Reply Brief in Support of 38 MOTION to Dismiss, 42 MOTION to Dismiss, 36 MOTION to Dismiss, 25 Order on Motion to Exceed Page Limit, Order on Motion for Extension of Time To File Motion, Order on Motion for Leave to File Excess Pages, 40 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6), 51 Response in Opposition to Motion, by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON. Responses due by 5/21/2008 (Attachments: # 1 Text of Proposed Order) (GILLESPIE, REGINALD) Modified on 4/29/2008 to reflect accurate title of pldg. (Lee, Lisa).
April 22, 2008 Filing 52 NOTICE of Appearance by attorney HENRY W. SAPPENFIELD on behalf of Defendant BENJAMIN HIMAN (SAPPENFIELD, HENRY)
April 2, 2008 Filing 51 Consolidated Opposition to Defendants' Motion to Dismiss The First Amended Complaint, re 31 Brief, 30 MOTION to Dismiss, 38 MOTION to Dismiss, 33 Brief, 43 Brief, 41 Brief, 42 MOTION to Dismiss, 39 Brief, 37 Brief, 36 MOTION to Dismiss, 29 MOTION to Dismiss, 40 MOTION to Dismiss, 35 Brief, 32 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6) MOTION to Dismiss pursuant to Rule 12(b)(6); filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Replies due by 5/2/2008. (Attachments: # 1 Exhibit Exh 1 (Hoover v. Keith complaint), # 2 Exhibit Exh 2 (Antonio v. Moore complaint)) (MANNING, CHRISTOPHER) Modified on 4/3/2008 to reflect accurate title of pldg. (Lee, Lisa).
March 28, 2008 Filing 50 MOTION for Pro Hac Vice Admission by READE SELIGMANN. Responses due by 4/21/2008 (Attachments: # 1 Text of Proposed Order) (RUDOLF, DAVID)
March 11, 2008 Filing 49 NOTICE of Appearance by attorney HANNAH GRAY STYRON on behalf of Defendants STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (STYRON, HANNAH)
March 11, 2008 Filing 48 NOTICE of Appearance by attorney D. MARTIN WARF on behalf of Defendants STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (WARF, D.)
January 30, 2008 Filing 47 NOTICE of Appearance by attorney PAUL R. DICKINSON, JR on behalf of Defendant BRIAN MEEHAN (DICKINSON, PAUL)
January 28, 2008 Opinion or Order Filing 46 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 1/28/2008 that the Clerk of Court terminate this action administratively in his records as to the individual defendant MICHAEL B. NIFONG and that any party shall have the right to reopen this case for any purpose on motion and notice to all other parties, without prejudice to the rights of any of the parties, at any time prior to the 90th day after the final termination of the bankruptcy proceedings. (Lee, Lisa)
January 28, 2008 Case no longer referred to CHIEF/JUDGE BEATY as to Notice of Bankruptcy filing (Pldg. No. 44 ) by defendant Michael B. Nifong. (Lee, Lisa) Modified on 1/29/2008 to add additional text (Lee, Lisa).
January 23, 2008 CASE REFERRED to Judge Beaty. Re: #44, Notice of Bankruptcy filing as to defendant Michael B. Nifong. (Kemp, Donita)
January 17, 2008 Filing 45 NOTICE of Appearance by attorney ERIC P. STEVENS on behalf of Defendant MARK GOTTLIEB (STEVENS, ERIC)
January 16, 2008 Filing 44 NOTICE by Defendant MICHAEL B. NIFONG of filing bankruptcy (CRAVEN, JAMES)
January 16, 2008 ***Response Deadlines as to Pldg. Nos. 30 , 32 , 34 , 36 , 38 , 40 & 42 have been updated. Responses due by 4/17/2008 per scheduling order (Pldg. No. 25 ). (Lee, Lisa)
January 16, 2008 ***Response Deadline as to Pldg. No. 29 has been updated. Responses due by 4/17/2008 per scheduling order (Pldg. No. 25 ). (Lee, Lisa)
January 16, 2008 ***ENTERED IN ERROR***Deadlines terminated as to Pldg. Nos. 34 , 36 , 38 , 40 , 42 . Response Deadlines have been reset and all responses to aforementioned pleadings are due by 2/7/2008. (Lee, Lisa)
January 15, 2008 Filing 43 BRIEF in Support of 42 MOTION to Dismiss. (GILLESPIE, REGINALD)
January 15, 2008 Filing 42 MOTION to Dismiss First Amended Complaint; by DURHAM, NORTH CAROLINA, CITY OF. Responses due by 4/17/2008 (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD). Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa).
January 15, 2008 Filing 41 MEMORANDUM of Law in Support of 40 MOTION to Dismiss. (MAXWELL, JAMES)
January 15, 2008 Filing 40 MOTION to Dismiss by DAVID ADDISON. Responses due by 4/17/2008 (MAXWELL, JAMES) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa).
January 15, 2008 Filing 39 MEMORANDUM in Support of 38 MOTION to Dismiss. (SPEAS, EDWIN)
January 15, 2008 Filing 38 MOTION to Dismiss by MARK GOTTLIEB. Responses due by 4/17/2008 (SPEAS, EDWIN) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa).
January 15, 2008 Filing 37 BRIEF in Support of Motion to Dismiss by Defendant BENJAMIN HIMAN filed by BENJAMIN HIMAN. (CRAIG, JOEL)
January 15, 2008 Filing 36 MOTION to Dismiss by BENJAMIN HIMAN. Responses due by 4/17/2008(CRAIG, JOEL) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa).
January 15, 2008 Filing 35 BRIEF in Support 34 MOTION to Dismiss pursuant to Rule 12(b)(6) by Defendants Baker, Chalmers, Council, Hodge, Lamb, Ripberger, and Russ. (KERNER, PATRICIA)
January 15, 2008 Filing 34 MOTION to Dismiss; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. Responses due by 4/17/2008 (KERNER, PATRICIA) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa).
January 15, 2008 Filing 33 BRIEF in Support of 32 MOTION to Dismiss by Defendants DNA SECURITY, INC., RICHARD CLARK filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT)
January 15, 2008 Filing 32 MOTION to Dismiss by DNA SECURITY, INC., RICHARD CLARK. Responses due by 4/17/2008 (KING, ROBERT) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa).
January 15, 2008 Filing 31 Joinder in BRIEF in Support of 30 MOTION to Dismiss by Defendant BRIAN MEEHAN filed by BRIAN MEEHAN. (ROBERTS, JAMES)
January 15, 2008 Filing 30 MOTION to Dismiss by BRIAN MEEHAN. Responses due by 4/17/2008 (ROBERTS, JAMES) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa).
January 15, 2008 Filing 29 MOTION to Dismiss with Memorandum of Law in Support filed by Defendant LINWOOD WILSON. Responses due by 4/17/2008. (Welch, Kelly) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa).
January 14, 2008 Filing 28 NOTICE of Voluntary Dismissal without Prejudice of Defendant Stephen Mihaich; filed by Plaintiffs DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (DAVANT, CHARLES) Modified on 1/15/2008 to reflect accurate title of pldg. (Lee, Lisa).
December 27, 2007 Filing 27 WAIVER OF SERVICE of SUMMONS by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. PATRICK BAKER waiver sent on 12/11/2007, answer due 2/9/2008. (Attachments: # 1 Exhibit Waiver of Service of Summons of Defendant Patrick Baker)(DAVANT, CHARLES)
December 11, 2007 Filing 26 First AMENDED COMPLAINT against defendant PATRICK BAKER, LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, DURHAM, NORTH CAROLINA, CITY OF, MICHAEL B. NIFONG, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES)
November 29, 2007 Opinion or Order Filing 25 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 11/29/07, that the Joint Motion of All Parties to Extend Page Limitations and To Establish Briefing Schedule is GRANTED; Each of the following Defendants or groups of Defendants enumerated below shall have up to and including 50 pages to brief their respective motions to dismiss, and up to and including 25 pages to brief their respective reply memoranda as set forth; Plaintiffs shall have up to and including 50 pages to respond to each motion to dismiss. Plaintiffs may file a consolidated brief in excess of 50 pages to respond to common issues and/or multiple motions, so long as no more than 50 pages of briefing are devoted to arguments exclusively raised by a single Defendant's or group of Defendants' motion. The following briefing schedule shall apply to Defendants' motions to dismiss: a. Motions or answers due: January 15, 2008; b. Opposition(s) due: 90 days after filing of Motions; and c. Replies due: 30 days after filing of Opposition(s). Answers due by 1/15/2008. Motions due by 1/15/2008. (Welch, Kelly)
November 29, 2007 NOTICE of Docket Text/Event Modification re Set Deadlines/Hearings: Deficiency Compliance due by 12/10/07. Entry inadvertently entered into wrong case. Counsel please disregard this entry. (Welch, Kelly)
November 29, 2007 ***FILED IN ERROR*** Set Deadlines/Hearings: Deficiency Compliance due by 12/10/2007. (Welch, Kelly) Modified on 11/29/2007 to reflect as being filed in error (Welch, Kelly).
November 27, 2007 Filing 24 Joint MOTION to Exceed Page Limit in motion-to-dismiss briefing, Joint MOTION for Extension of Time To File Motion to Dismiss or to Answer by LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN, DURHAM, NORTH CAROLINA, CITY OF, MICHAEL B. NIFONG, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES)
November 27, 2007 ***Motions Submitted: 24 Joint MOTION to Exceed Page Limitations and establish briefing schedule to Judge CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
November 14, 2007 Filing 23 NOTICE of Appearance by attorney NICHOLAS J. SANSERVINO on behalf of Defendant DNA SECURITY, INC. (SANSERVINO, NICHOLAS)
November 14, 2007 Filing 22 NOTICE of Appearance by attorney ROBERT A. SAR on behalf of Defendant DNA SECURITY, INC. (SAR, ROBERT)
November 13, 2007 Motions No Longer Submitted to Judge Beaty 16 MOTION for Leave to File Excess Pages re Briefs in Support of Motion to Dismiss; Joint Motion by parties forthcoming. (Kemp, Donita)
November 13, 2007 Filing 21 NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK GOTTLIEB (SPEAS, EDWIN)
November 13, 2007 ***Motions Submitted: 16 MOTION for Leave to File Excess Pages re Briefs in Support of Motion to Dismiss to Judge CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
November 12, 2007 Filing 20 NOTICE of Appearance by attorney PATRICIA P. KERNER on behalf of Defendants STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS (KERNER, PATRICIA)
November 12, 2007 Filing 19 NOTICE of Appearance by attorney JAMES B. MAXWELL on behalf of Defendant DAVID ADDISON (MAXWELL, JAMES)
November 12, 2007 Filing 18 NOTICE of Appearance by attorney REGINALD B. GILLESPIE, JR on behalf of Defendant DURHAM, NORTH CAROLINA, CITY OF (GILLESPIE, REGINALD)
November 12, 2007 Filing 17 NOTICE of Appearance by attorney JOEL MILLER CRAIG on behalf of Defendant BENJAMIN HIMAN (CRAIG, JOEL)
November 7, 2007 Filing 16 MOTION for Leave to File Excess Pages re Briefs in Support of Motion to Dismiss by DNA SECURITY, INC., RICHARD CLARK. Responses due by 11/30/2007 (DAVIS, KEARNS)
November 7, 2007 Filing 15 Consent MOTION for Extension of Time to File Answer of Linwood Wilson by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES)
November 7, 2007 Opinion or Order ORDER granting 15 Motion for Extension of Time to Answer for LINWOOD WILSON. Answer due by 12/11/2007. Signed by John Brubaker, Clerk of Court, on 11/07/07. (BRUBAKER, JOHN)
November 5, 2007 Filing 14 NOTICE of Appearance by attorney ROBERT JAMES KING, III on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (KING, ROBERT)
November 2, 2007 Filing 13 NOTICE of Appearance by attorney KEARNS DAVIS on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (DAVIS, KEARNS)
October 29, 2007 Filing 12 NOTICE of Appearance by attorney DAVID S RUDOLF on behalf of Plaintiff READE SELIGMANN (RUDOLF, DAVID)
October 26, 2007 Opinion or Order Filing 11 ORDER granting 9 Motion for Extension of Time, until December 11, 2007, to Answer 1 Complaint as to MICHAEL B. NIFONG to 12/11/2007. Answer due by 12/11/2007. Signed by Judge WALLACE W. DIXON on 10/26/07. (Welch, Kelly)
October 26, 2007 Answer updated for LINWOOD WILSON to 11/12/2007. (Welch, Kelly)
October 25, 2007 Filing 10 Declaration of Proof of Service served on Linwood Wilson on 10/23/2007, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Exhibit Return of Service (Linwood Wilson))(DAVANT, CHARLES)
October 25, 2007 ***Motions Referred: 9 MOTION for Extension of Time to File Answer until December 11, 2007 to Judge WALLACE W. DIXON. (Kemp, Donita)
October 24, 2007 Filing 9 MOTION for Extension of Time to File Answer until December 11, 2007 by MICHAEL B. NIFONG.Responses due by 11/16/2007 (Attachments: # 1 Text of Proposed Order)(CRAVEN, JAMES)
October 24, 2007 Filing 8 WAIVER OF SERVICE of SUMMONS by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. STEVEN W. CHALMERS waiver sent on 10/9/2007, answer due 12/10/2007; BEVERLY COUNCIL waiver sent on 10/9/2007, answer due 12/10/2007; RONALD HODGE waiver sent on 10/9/2007, answer due 12/10/2007; JEFF LAMB waiver sent on 10/9/2007, answer due 12/10/2007; STEPHEN MIHAICH waiver sent on 10/9/2007, answer due 12/10/2007; MICHAEL RIPBERGER waiver sent on 10/9/2007, answer due 12/10/2007; LEE RUSS waiver sent on 10/9/2007, answer due 12/10/2007; DNA SECURITY, INC. waiver sent on 10/9/2007, answer due 12/10/2007; RICHARD CLARK waiver sent on 10/9/2007, answer due 12/10/2007; BRIAN MEEHAN waiver sent on 10/9/2007, answer due 12/10/2007; DURHAM, NORTH CAROLINA, CITY OF waiver sent on 10/9/2007, answer due 12/10/2007; MARK GOTTLIEB waiver sent on 10/9/2007, answer due 12/10/2007; BENJAMIN HIMAN waiver sent on 10/9/2007, answer due 12/10/2007; DAVID ADDISON waiver sent on 10/9/2007, answer due 12/10/2007. (Attachments: # 1 Exhibit Waivers of Service of Summons & Return of Service)(DAVANT, CHARLES)
October 10, 2007 Filing 7 ECF 30 Day Notice as to Attorneys Robert M. Cary, Christopher N. Manning, Brendan V. Sullivan, Jr. (Welch, Kelly)
October 10, 2007 Opinion or Order Filing 6 ORDER granting 5 Motion for Pro Hac Vice Admission of Brendan V. Sullivan, Jr., Robert M. Cary, and Christopher N. Manning on behalf of Plaintiffs David F. Evans and Collin Finnerty. Signed by Judge WALLACE W. DIXON on 10/10/09. (Welch, Kelly)
October 10, 2007 ***Motions Referred: 5 MOTION for Pro Hac Vice Admission to Judge WALLACE W. DIXON. (Kemp, Donita)
October 9, 2007 Filing 5 MOTION for Pro Hac Vice Admission by DAVID F. EVANS, COLLIN FINNERTY. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES)
October 9, 2007 Filing 4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby)
October 9, 2007 Filing 3 Summons Issued as to LINWOOD WILSON, MICHAEL B. NIFONG. (Attachments: # 1 Additional summons)(McClain, Abby)
October 5, 2007 CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (McClain, Abby)
October 5, 2007 Filing 2 CIVIL COVER SHEET, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES)
October 5, 2007 Filing 1 COMPLAINT against LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, DURHAM, NORTH CAROLINA, CITY OF, MICHAEL B. NIFONG, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON ( Filing fee $ 350 receipt number 368490.), filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES)

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Plaintiff: DAVID F. EVANS
Represented By: BRENDAN V. SULLIVAN, JR.
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Plaintiff: COLLIN FINNERTY
Represented By: BRENDAN V. SULLIVAN, JR.
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Plaintiff: READE SELIGMANN
Represented By: DAVID S RUDOLF
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Defendant: DURHAM, NORTH CAROLINA, CITY OF
Represented By: REGINALD B. GILLESPIE, JR.
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Defendant: MARK GOTTLIEB
Represented By: ERIC P. STEVENS
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Defendant: BENJAMIN HIMAN
Represented By: BENJAMIN HIMAN
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Defendant: DAVID ADDISON
Represented By: JAMES B. MAXWELL
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Defendant: LINWOOD WILSON
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Defendant: STEVEN W. CHALMERS
Represented By: PATRICIA P. KERNER
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Defendant: BEVERLY COUNCIL
Represented By: PATRICIA P. KERNER
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Defendant: RONALD HODGE
Represented By: PATRICIA P. KERNER
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Defendant: JEFF LAMB
Represented By: PATRICIA P. KERNER
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Defendant: MICHAEL RIPBERGER
Represented By: PATRICIA P. KERNER
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Defendant: LEE RUSS
Represented By: PATRICIA P. KERNER
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Defendant: DNA SECURITY, INC.
Represented By: ROBERT A. SAR
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Defendant: RICHARD CLARK
Represented By: ROBERT JAMES KING, III
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Defendant: BRIAN MEEHAN
Represented By: JAMES AVERY ROBERTS, III
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Defendant: PATRICK BAKER
Represented By: PATRICIA P. KERNER
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