LYTTLE v. The UNITED STATES OF AMERICA et al
Mark Lyttle, a American citizen born in North Carolina diagnosed with bipolar disorder is suing the U.S. government for his detention by federal ICE immigration authorities, and wrongful deportation to Mexico.
| MARK DANIEL LYTTLE |
| The UNITED STATES OF AMERICA, Dashanta Faucette, Dean Caputo, Robert Kendall, ICE Does 1-10, North Carolina Department of Correction and North Carolina Does 1-10 |
| 4:2010cv00142 |
| October 13, 2010 |
| US District Court for the Eastern District of North Carolina |
| Eastern Division Office |
| WAKE |
| James C. Dever |
| Other Civil Rights |
| 28 U.S.C. § 1343 |
| Plaintiff |
Docket Report
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Filing 92
ORDER granting 91 Stipulation and Joint Motion to Dismiss. In light of this disposition, the 75 memorandum and recommendation is VACATED as moot. Signed by Chief Judge James C. Dever III on 10/2/2012. (Sawyer, D.)
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| Filing 91 STIPULATION of Dismissal and Joint Motion for Order of Dismissal with Prejudice by Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Whitman, James) |
| MOTION SUBMITTED to Chief Judge James C. Dever III: 91 Joint Motion for Order of Dismissal. (Sawyer, D.) |
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Filing 90
ORDER: The parties have until November 13, 2012, to finalize the settlement agreement and flle a stipulation and joint motion to dismiss all remaining claims with prejudice. The action is hereby STAYED until November 13, 2012. All other pending motions 49 , 51 , and 81 are DENIED without prejudice and may be renewed if warranted. Signed by Chief Judge James C. Dever III on 9/12/2012. (Sawyer, D.)
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| Filing 89 Supplemental MOTION to Stay by Mark Daniel Lyttle. (Attachments: # 1 Text of Proposed Order) (Reyes, Alexandria) |
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Filing 88
ORDER granting 87 Motion to Stay. The action is STAYED until September 14, 2012. Signed by Chief Judge James C. Dever III on 7/27/2012. (Edwards, S.)
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| Filing 87 Joint MOTION to Stay Proceedings by The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Cutler, David) |
| Motion Submitted to Chief Judge James C. Dever III: 87 Joint MOTION to Stay Proceedings. (Edwards, S.) |
| NOTICE OF DEFICIENCY regarding: 86 Notice of Appearance and 85 Notice of Substitution of Counsel. Incomplete signature block, Certificate of Service and division omitted from case caption. For future reference, counsel should comply with Form A attached to the Court's Electronic Policy and Procedure Manual when preparing the Certificate of Service and with Section J of the Manual regarding the electronic signature block. (Heath, D.) |
| Filing 86 NOTICE of Appearance by Christopher Anderson Brook on behalf of Mark Daniel Lyttle (Brook, Christopher) |
| Filing 85 Notice of Substitution of Counsel by Christopher Anderson Brook on behalf of Mark Daniel Lyttle substituting for Katherine Lewis Parker (Brook, Christopher) |
| Filing 84 NOTICE of Appearance for non-district by Esha Bhandari on behalf of Mark Daniel Lyttle. (Bhandari, Esha) |
| Filing 83 NOTICE by Mark Daniel Lyttle re 57 Response in Opposition to Motion, 56 Response in Opposition to Motion Notice of Subsequently Decided Authority (Attachments: # 1 Exhibit A -Middle District of Georgia Order Dated 3-31-12). (Parker, Katherine) |
| NOTICE TO COUNSEL as to 83 Notice. Incomplete service list and signature block on Certificate of Service. For future reference, counsel should comply with Form A attached to the Court's Electronic Policy and Procedure Manual. (Heath, D.) |
| Filing 82 STIPULATION of Dismissal With Prejudice by Mary Hines, Marilyn Stephenson. (Finarelli, Joseph) |
| MOTION SUBMITTED to Chief US District Judge James C. Dever III: 81 Motion for Leave to File Out of Time Response. (Sawyer, D.) |
| Filing 81 MOTION for Leave to File Out of Time Response to Objection to M & R by Mark Daniel Lyttle. (Attachments: # 1 Exhibit A - Proposed Response to Objection) (Parker, Katherine) |
| MOTIONS SUBMITTED to Chief US District Judge James C. Dever III: 49 and 51 Motions to Dismiss and 75 Memorandum and Recommendations. (Sawyer, D.) |
| Filing 80 RESPONSE TO OBJECTION to 75 Memorandum and Recommendations by Dean Caputo, Dashanta Faucette, Robert Kendall. (Cutler, David) |
| Filing 79 OBJECTION to 75 Memorandum and Recommendations by Mark Daniel Lyttle. (McKinney, Jeremy) |
| Filing 78 OBJECTIONS to 75 Memorandum and Recommendations filed by Dean Caputo, Dashanta Faucette, Robert Kendall, and The United States. (Whitman, James) |
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Filing 77
APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by Mark Daniel Lyttle re 75 MEMORANDUM AND RECOMMENDATIONS re 49 MOTION to Dismiss to correct Deficiency Notice filed by The UNITED STATES OF AMERICA, 51 MOTION to Dismiss (to correct deficiency notice) filed by Robert Kendall, Dashanta Faucette, Dean (McKinney, Jeremy)
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Filing 76
APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA re 75 MEMORANDUM AND RECOMMENDATIONS re 49 MOTION to Dismiss to correct Deficiency Notice filed by The UNITED STATES OF AMERICA, 51 MOTION to Dismiss (to correct deficiency notice) filed by Robert Kendall, Dashanta Faucette, Dean (Whitman, James)
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| Filing 75 MEMORANDUM AND RECOMMENDATIONS as to 49 and 51 Motions to Dismiss. Counsel should read the order and the attachment in their entirety for critical deadlines and information. Objections due by 12/1/2011. Signed by US Magistrate Judge William A. Webb on 11/14/2011. (Attachments: # 1 Notice of Filing of Objections). (Sawyer, D.) |
| Filing 74 RESPONSE by Plaintiff Mark Daniel Lyttle re 73 Notice-(other) . (Reyes, Alexandria) |
| Filing 73 NOTICE OF FILING of Supplemental Authority filed by Dean Caputo, Dashanta Faucette, Robert Kendall, and the United States of America (Attachments: # 1 Exhibit Slip Opinion) (Cutler, David) |
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Filing 72
ORDER granting 71 Consent Motion to Stay Pretrial Proceedings pending the Court's resolution of the United States' Motion to Dismiss 49 abd ICE Defendants' Motion to Dimiss 51 . Signed by Chief Judge James C. Dever III on 10/28/11. (Tripp, S.)
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| Filing 71 Consent MOTION to Stay Pretrial Proceedings by Dean Caputo, Dashanta Faucette, Mary Hines, Robert Kendall, Mark Daniel Lyttle, Marilyn Stephenson, The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Cutler, David) |
| Motion Submitted to Chief Judge James C. Dever III: 71 Consent MOTION to Stay Pretrial Proceedings. (Tripp, S.) |
| MOTIONS REFERRED to U.S. Magistrate Judge William A. Webb: 49 MOTION to Dismiss to correct Deficiency Notice and 51 MOTION to Dismiss (to correct deficiency notice). (Tripp, S.) |
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Filing 70
ORDER REFERRING MOTIONS to U.S. Magistrate Judge William A. Webb: 49 MOTION to Dismiss to correct Deficiency Notice filed by The UNITED STATES OF AMERICA and 51 MOTION to Dismiss (to correct deficiency notice) filed by Robert Kendall, Dashanta Faucette, Dean Caputo. Signed by Chief Judge James C. Dever III on 10/21/11. (Tripp, S.)
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Filing 69
ORDER FOR DISCOVERY PLAN sent to all parties. Counsel should read the order in its entirety for critical deadlines and information. Signed by Dennis P. Iavarone, Clerk of Court on 10/17/2011. (Sawyer, D.) (Sawyer, D.).
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| Filing 68 ANSWER to 44 Amended Complaint, by Marilyn Stephenson. (Finarelli, Joseph) |
| Filing 67 ANSWER to 44 Amended Complaint, by Mary Hines. (Finarelli, Joseph) |
| Filing 66 NOTICE of Appearance by Joseph Finarelli on behalf of Mary Hines, Marilyn Stephenson. (Finarelli, Joseph) |
| Filing 65 WAIVER OF SERVICE Returned Executed by Mark Daniel Lyttle. Mary Hines waiver sent on 8/15/2011. (Reyes, Alexandria) |
| Filing 64 WAIVER OF SERVICE Returned Executed by Mark Daniel Lyttle. Marilyn Stephenson waiver sent on 8/15/2011. (Reyes, Alexandria) |
| Motions Submitted to US District Judge James C. Dever III: 49 and 51 Motions to Dismiss. (Sawyer, D.) |
| NOTICE TO COUNSEL re: 63 Reply to Response to Motion - Counsel should note for all future filings the US Attorney for the Eastern District of North Carolina is Thomas G. Walker. (Jenkins, C.) |
| Filing 63 REPLY to Response to Motion re 51 MOTION to Dismiss (to correct deficiency notice) filed by Dean Caputo, Dashanta Faucette, Robert Kendall. (Cutler, David) |
| Filing 62 NOTICE by Mark Daniel Lyttle of a Lawsuit and Request to Waive Service of a Summons (Attachments: # 1 Exhibit A - Waiver of the Service of Summons, # 2 Exhibit B - Amended Complaint) (Reyes, Alexandria) |
| Filing 61 NOTICE by Mark Daniel Lyttle of a Lawsuit and Request to Waive Service of a Summons (Attachments: # 1 Exhibit A - Waiver of the Service of Summons, # 2 Exhibit B - Amended Complaint) (Reyes, Alexandria) |
| Filing 60 REPLY to Response to Motion re 49 MOTION to Dismiss to correct Deficiency Notice filed by The UNITED STATES OF AMERICA. (Attachments: # 1 Index to Exhibits, # 2 Exhibit H - Memorandum from James T. Hayes, Jr., dated November 6, 2008, # 3 Exhibit I - Memorandum from John Morton, dated November 19, 2009) (Whitman, James) |
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Filing 59
ORDER granting 58 Motion for Extension of Time to File Reply re 49 MOTION to Dismiss to correct Deficiency Notice, 48 MOTION to Dismiss, 51 MOTION to Dismiss (to correct deficiency notice), 47 MOTION to Dismiss. Replies due by 8/18/2011. Granting 58 Motion for Leave to File Excess Pages. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by US District Judge James C. Dever III on 7/29/2011. (Edwards, S.)
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| Filing 58 MOTION for Extension of Time to File Reply re 47 , 49 , 48 and 51 and MOTION for Leave to File Excess Pages by Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Cutler, David) |
| NOTICE TO COUNSEL re: 58 Motion for Extension of Time to File Response/Reply, Motion for Leave to File Excess Pages - Counsel is reminded that this is an 'Eastern' Division, not a 'Western' Division case. Be sure to indicate the correct case division on all future pleadings. No need to refile at this time. (Jenkins, C.) |
| Motion Submitted to Judge James C. Dever III: 58 MOTION for Extension of Time to File Reply and MOTION for Leave to File Excess Pages. (Edwards, S.) |
| Filing 57 RESPONSE in Opposition re 47 MOTION to Dismiss Memo of Law for USA Motion filed by Mark Daniel Lyttle. (McKinney, Jeremy) |
| Filing 56 RESPONSE in Opposition re 48 MOTION to Dismiss Memo of Law for ICE Motion filed by Mark Daniel Lyttle. (McKinney, Jeremy) |
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Filing 55
ORDER granting 54 Motion for Extension of Time. Signed by Jolie Skinner, Operations Manager for Dennis P. Iavarone, Clerk of Court on 7/1/2011. (Sawyer, D.)
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| MOTION REFERRED to Dennis P. Iavarone, Clerk of Court: 54 Corrected Motion for Extension of Time to File Response. (Sawyer, D.) |
| Filing 54 CORRECTED MOTION for Extension of Time to File Response to 47 Motion to Dismiss filed by Mark Daniel Lyttle. (Attachments: # 1 Text of Proposed Order) (Reyes, Alexandria) |
| Filing 53 First MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Dismiss, 50 Memorandum in Support, 52 Memorandum in Support, 49 MOTION to Dismiss to correct Deficiency Notice, 51 MOTION to Dismiss (to correct deficiency notice), 48 MOTION to Dismiss by Mark Daniel Lyttle. (Attachments: # 1 Text of Proposed Order) (McKinney, Jeremy) |
| Filing 52 Memorandum in Support re 51 MOTION to Dismiss (to correct deficiency notice) of ICE Defendants' Motion to Dismiss (to correct deficiency notice) filed by Dean Caputo, Dashanta Faucette, Robert Kendall. (Attachments: # 1 Exhibit List A through H, # 2 Exhibit A - Judgment and Commitment dated 8/15/2008, # 3 Exhibit B - Record of Sworn Statement in Affidavit Form dated 9/2/2008, # 4 Exhibit C - Record of Deportable/Inadmissible Alien dated 9/2/2008, # 5 Exhibit D - Notice of Intent dated 9/5/2008, # 6 Exhibit E - Warrant for Arrest of Alien dated 9/5/2008, # 7 Exhibit F - Notice of Custody Determination dated 9/5/2008, # 8 Exhibit G - Immigration Detainer Notice of Action dated 9/5/2008, # 9 Exhibit H - Memorandum dated 11/6/2008) (Boyle, W.) |
| Filing 51 MOTION to Dismiss (to correct deficiency notice) by Dean Caputo, Dashanta Faucette, Robert Kendall. (Boyle, W.) |
| Filing 50 Memorandum in Support re 49 MOTION to Dismiss to correct Deficiency Notice Of United States' Motion to Dismiss (to correct deficiency notice) filed by The UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit List A through G, # 2 Exhibit A - Record of Sworn Statement dated 9/2/2008, # 3 Exhibit B - Record of Deportable/Inadmissible Alien dated 9/2/2008, # 4 Exhibit C - Warrant for Arrest dated 11/8/2008, # 5 Exhibit D - Notice of Intent dated 9/5/2008, # 6 Exhibit E - Notice of Custody Determination dated 9/5/2008, # 7 Exhibit Immigration Detainer Notice of Action dated 9/5/2008, # 8 Exhibit G - Judgment and Commitment dated 8/15/2008) (Boyle, W.) |
| Filing 49 MOTION to Dismiss to correct Deficiency Notice by The UNITED STATES OF AMERICA. (Boyle, W.) |
| NOTICE OF DEFICIENCY re: 47 Motion to Dismiss, 48 Motion to Dismiss - Counsel combined motion and memorandum in same filing and did not separate exhibit attachments. A Memorandum In Support should be filed as a separate entry using the event code located under MOTIONS AND RELATED FILINGS: RESPONSES AND REPLIES. Additionally, each attached document must be separated as a filing party would do when creating a hard copy version of the documents. Pursuant to Section (L)(2) of the CM/ECF Policy Manual, attachments and exhibits must be identified with a clear and complete description of the document (e.g. Exhibit 1 is insufficient. Affidavit of Jane Doe would meet the requirement.). When filing a document with more than five (5) exhibits or attachments, the first attached document must be an index of all of the subsequently attached documents. Counsel is directed to refile the Motion to Dismiss, separating the exhibit attachments and using the appropriate naming conventions for each attachment. Counsel is further instructed to refile the Memorandum in Support as a stand alone entry linking back to the appropriate Motion. (Jenkins, C.) |
| Filing 48 MOTION to Dismiss by Dean Caputo, Dashanta Faucette, Robert Kendall. (Attachments: # 1 Exhibit) (Cutler, David) |
| Filing 47 MOTION to Dismiss by The UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit) (Whitman, James) |
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Filing 46
ORDER granting 45 Motion for Extension of Time. Signed by Dennis P. Iavarone, Clerk of Court on 5/27/2011. (Sawyer, D.)
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| Filing 45 MOTION for Extension of Time to Answer or Otherwise Respond to Complaint (Unopposed) by Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Whitman, James) |
| MOTION REFERRED to Dennis P. Iavarone, Clerk of Court: 45 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. (Sawyer, D.) |
| Filing 44 AMENDED COMPLAINT against Dean Caputo, Dashanta Faucette, ICE Does 1-10, Robert Kendall, North Carolina Does 1-10, The UNITED STATES OF AMERICA, filed by Mark Daniel Lyttle. (Attachments: # 1 Exhibit A - Mark Lyttle Birth Certificate, # 2 Exhibit B - Mark Lyttle Adoption Records, # 3 Exhibit C - Dept of Homeland Security's Motion to Terminate Proceedings) (Reyes, Alexandria) |
| Filing 43 NOTICE by Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA of decision by the U.S. Judicial Panel on Multidistrict Litigation (Attachments: # 1 Exhibit- Order Denying Transfer) (Whitman, James) Modified on 5/25/2011 to name exhibit attachment. (Jenkins, C.) |
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Filing 42
ORDER: Plaintiff's unopposed motion to amend his complaint to substitute parties [D.E. 40] is GRANTED. Plaintiff shall file the amended complaint not later than June 1, 2011. The federal defendants' motion for temporary stay of all pretrial proceedings [D.E. 27] is GRANTED. All pretrial proceedings are STAYED pending a decision on the pending MDL petition. The federal defendants shall notify the court of the MDL Panel's decision within seven days of the date that the MDL Panel resolves the petition. Finally, defendant North Carolina Department of Correction's motion to dismiss [D.E. 24] is DENIED as moot in light of the amended complaint, which removes the North Carolina Department of Correction as a defendant. Signed by US District Judge James C. Dever III on 5/24/2011. (Sawyer, D.)
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| Motion Submitted to US District Judge James C. Dever III: 40 Motion to Amend 8 Complaint to Substitute Parties. (Sawyer, D.) |
| NOTICE TO COUNSEL (Katherine Lewis Parker) as to docket entries #40 and #41: Pursuant to US District Judge James C. Dever III's practice preferences, counsel shall provide a courtesy copy of motions and memoranda for documents over 20 pages, by mailing or delivering to the case manager at the clerk's office in Raleigh. (Sawyer, D.) |
| Filing 41 MEMORANDUM IN SUPPORT of 40 Motion to Amend filed by Mark Daniel Lyttle. (Parker, Katherine) |
| Filing 40 MOTION TO AMEND 8 COMPLAINT to Substitute Parties filed by Mark Daniel Lyttle. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B - Proposed Order) (Parker, Katherine) |
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Filing 39
ORDER granting 38 Motion for Extension of Time to Answer. Signed by Judge James C. Dever III on 2/15/2011. (Sawyer, D.)
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| Motion Submitted to Judge Dever: 38 Motion for Extension of Time to File Answer or otherwise respond to complaint (Unopposed). (Sawyer, D.) |
| Filing 38 MOTION for Extension of Time to File Answer or otherwise respond to complaint (Unopposed) by Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Cutler, David) |
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Filing 37
ORDER granting 34 Motion for Extension of Time: ORDERED that said motion should be and is GRANTED; and it is FURTHER ORDERED that Plaintiff's response to Defendant North Carolina Department of Correction's Motion to Dismiss shall not be required to be filed until the later of (i) February 4, 2011, or (ii) the seventh (7th) day after the expiration or lifting of any stay entered in this action prior to February 4, 2011. Signed by Judge James C. Dever III on 1/27/2011. (Sawyer, D.)
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Filing 36
ORDER granting 35 Motion for Extension of Time to Answer: ORDERED that said motion should be and is granted; and it is FURTHER ORDERED that the United States shall be allowed up to and including February 22, 2011, to answer or otherwise respond to plaintiff's complaint. Signed by Judge James C. Dever III on 1/26/2011. (Sawyer, D.)
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| Filing 35 Second MOTION for Extension of Time to File Answer or otherwise respond to complaint (Unopposed) by The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Cutler, David) |
| Motions Submitted to Judge Dever: 34 Second Motion for Extension of Time to File Response as to 24 Motion to Dismiss and 35 Second Motion for Extension of Time to File Answer or otherwise respond to complaint. (Sawyer, D.) |
| Filing 34 Second MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss and Answer by Mark Daniel Lyttle. (Attachments: # 1 Text of Proposed Order) (McKinney, Jeremy). |
| Filing 33 NOTICE of Appearance by David G. Cutler on behalf of Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA (Cutler, David) |
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Filing 32
ORDER granting 30 Motion for Extension of Time to Answer: Dean Capulo shall be allowed up to and including February 22, 2011, to answer or otherwise respond to plaintiff's complaint. Signed by Julie Richards, Chief Deputy for Dennis P. Iavarone, Clerk of Court on 1/14/2011. (Sawyer, D.).
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Filing 31
ORDER granting 28 Motion for Extension of Time to File Response: ORDERED that Plaintiff's response to Defendant North Carolina Department of Correction's Motion to Dismiss shall not be required to be filed until the later of (i) January 25, 2011, or (ii) the seventh (7th) day after the expiration or lifting of any stay entered in this action prior to January 25, 2011. Signed by Julie Richards, Chief Deputy for Dennis P. Iavarone, Clerk of Court on 1/14/2011. (Sawyer, D.).
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| MOTIONS REFERRED: 28 First Motion for Extension of Time to File Response to Motion to Dismiss and 30 Motion for Extension of Time to File Answer or otherwise respond to complaint referred to Dennis P. Iavarone, Clerk of Court. (Sawyer, D.) |
| Motion Submitted to Judge Dever: 27 Motion to Stay. (Sawyer, D.) |
| Filing 30 MOTION for Extension of Time to File Answer or otherwise respond to complaint (unopposed) by Dean Caputo. (Attachments: # 1 Text of Proposed Order) (Whitman, James) |
| Filing 29 NOTICE OF CONSENT by Mark Daniel Lyttle re 27 MOTION to Stay (McKinney, Jeremy). |
| Filing 28 First MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss by Mark Daniel Lyttle. (Attachments: # 1 Text of Proposed Order) (McKinney, Jeremy). |
| Filing 27 MOTION to Stay by Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order, # 2 Supplement (Unpublished decisions)) (Whitman, James) |
| Filing 26 NOTICE OF FILING OF MOTION WITH THE U.S. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION BY ALL FEDERAL DEFENDANTS by Dean Caputo, Dashanta Faucette, Robert Kendall, and The UNITED STATES OF AMERICA of Filing (Attachments: # 1 Exhibit MDL Motion, # 2 Exhibit MDL Brief, # 3 Exhibit MDL Schedule of actions, # 4 Exhibit MDL Proof of service, # 5 Exhibit MDL Copy of EDNC docket and complaint, # 6 Exhibit MDL Copy of NDGA docket and complaint) (Whitman, James) |
| Filing 25 Memorandum in Support re 24 MOTION to Dismiss and Answer filed by North Carolina Department of Correction. (Finarelli, Joseph) |
| Filing 24 MOTION to Dismiss and Answer by North Carolina Department of Correction. (Finarelli, Joseph) |
| Filing 23 NOTICE by The UNITED STATES OF AMERICA re 22 Notice of Appearance (Amended Notice of Appearance ) (Boyle, W.) |
| Filing 22 NOTICE of Appearance by W. Ellis Boyle on behalf of Dean Caputo, Dashanta Faucette, ICE Does 1-10, Robert Kendall, The UNITED STATES OF AMERICA (Boyle, W.) |
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Filing 21
ORDER granting 18 Motion for Extension of Time to Answer 1 Complaint. The UNITED STATES OF AMERICA answer due 1/27/2011. Signed by Dennis P. Iavarone, Clerk of Court on 12/22/10. (Talbert, S.)
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| Filing 20 CERTIFICATE OF SERVICE by The UNITED STATES OF AMERICA re 18 MOTION for Extension of Time to File Answer or otherwise respond to complaint (Unopposed) (Whitman, James) |
| Filing 19 CERTIFICATE OF SERVICE by Dean Caputo, Dashanta Faucette, Robert Kendall re 17 Notice of Appearance (Whitman, James) |
| Filing 18 MOTION for Extension of Time to File Answer or otherwise respond to complaint (Unopposed) by The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Whitman, James) |
| Filing 17 NOTICE of Appearance by James R. Whitman on behalf of Dean Caputo, Dashanta Faucette, Robert Kendall (Whitman, James) |
| MOTION REFERRED: 18 MOTION for Extension of Time to File Answer or otherwise respond to complaint (Unopposed) referred to Dennis P. Iavarone, Clerk of Court. (Talbert, S.) |
| NOTICE OF DEFICIENCY re: 18 Motion for Extension of Time to File Answer and 17 Notice of Appearance: No Certificate of Service attached. CM/ECF Policy Manual, Section F(3) (located on Court Website) states that all documents filed using CM/ECF shall include a certificate of service identifying the manner in which the service on each party was accomplished. You must either refile document or file separately captioned document labeled Certificate of Service using Civil Event - Service of Process - Certificate of Service. (Lee, B.) |
| Filing 16 NOTICE of Appearance by Ann Marie Brown Dooley on behalf of Mark Daniel Lyttle (Dooley, Ann Marie) |
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Filing 15
ORDER granting 14 Motion for Extension of Time to Answer: It is ORDERED that Defendant North Carolina Department of Correction be allowed up to and including 27 December 2010 in which to serve an Answer or otherwise respond to the Complaint. Signed by Julie Richards, Chief Deputy, for Dennis P. Iavarone, Clerk of Court on 11/22/2010. (Sawyer, D.).
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| Filing 14 MOTION for Extension of Time to File Answer re 8 Complaint by North Carolina Department of Correction. (Finarelli, Joseph). |
| Filing 13 NOTICE of Appearance by Joseph Finarelli on behalf of North Carolina Department of Correction (Finarelli, Joseph) |
| MOTION REFERRED: 14 Motion for Extension of Time to File Answer referred to Dennis P. Iavarone, Clerk of Court. (Sawyer, D.) |
| Filing 12 NOTICE of Appearance by James R. Whitman on behalf of The UNITED STATES OF AMERICA (Whitman, James) |
| Filing 11 NOTICE of Appearance by Michael E. Johnson on behalf of Mark Daniel Lyttle (Johnson, Michael) |
| Filing 10 NOTICE of Appearance by Katherine Lewis Parker on behalf of Mark Daniel Lyttle (Parker, Katherine) |
| NOTICE TO COUNSEL re: 9 Notice: For future filings use event "Financal Disclosure Statement" located under Civil/Other Filings/Other Documents when filing this pleading. No need to refile this time. (Lee, B.) |
| Filing 9 CORRECTED FINANCIAL DISCLOSURE STATEMENT by Mark Daniel Lyttle. (Watt, Brian) |
| Filing 8 COMPLAINT (Corrected) against Dean Caputo, Dashanta Faucette, ICE Does 1-10, Robert Kendall, North Carolina Department of Correction, North Carolina Does 1-10, The UNITED STATES OF AMERICA ( Filing fee $ 350 receipt number 0417-1359221.), filed by Mark Daniel Lyttle. (Attachments: # 1 Exhibit A - Mark Lyttle's Birth Certificate, # 2 Exhibit B - Mark Lyttle's Adoption Records, # 3 Exhibit C - Dept. of Homeland Security's Motion to Terminate Removal Proceedings) (Watt, Brian) |
| Filing 7 Summons Issued as to Dean Caputo, Dashanta Faucette, Robert Kendall, North Carolina Department of Correction and The United States of America. Counsel should print summonses and effect service. (Sawyer, D.) |
| Filing 6 NOTICE of Appearance by Jeremy L McKinney on behalf of MARK DANIEL LYTTLE (McKinney, Jeremy) |
| Filing 5 NOTICE of Appearance by Alexandria J. Reyes on behalf of MARK DANIEL LYTTLE (Reyes, Alexandria) |
| NOTICE OF DEFICIENCY re: 1 Complaint and 2 Financial Disclosure Statement. Local counsel failed to sign the Financial Disclosure Statement filed on behalf of the plaintiff. Pursuant to Local Rule 83.1 local counsel must sign all pleadings. In addition, counsel should use the form provided on the court's website for future filings. FURTHER, counsel failed to identify the exhibits attached to the complaint. Pursuant to Section L(2)(b) of the Court's Electronic Policy and Procedure Manual, all exhibits must be identified with a clear and complete description of the document. Counsel is instructed to refile the exhibits ONLY, using the event "Notice-Other". FURTHER, counsel failed to add the party text for each of the defendants. Clerk's Office added the party text information, but reminds counsel for future reference. (Heath, D.) |
| Filing 4 NOTICE of Appearance by Judy Rabinovitz on behalf of MARK DANIEL LYTTLE (Rabinovitz, Judy) |
| Filing 3 NOTICE of Appearance by Brian P. Watt on behalf of MARK DANIEL LYTTLE (Watt, Brian) |
| Filing 2 FINANCIAL DISCLOSURE STATEMENT by MARK DANIEL LYTTLE (Watt, Brian) |
| Filing 1 COMPLAINT against Dean Caputo, Dashanta Faucette, ICE Does 1-10, Robert Kendall, North Carolina Department of Correction, North Carolina Does 1-10, The UNITED STATES OF AMERICA ( Filing fee $ 350 receipt number 0417-1359221.), filed by MARK DANIEL LYTTLE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet with attachment, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons) (Watt, Brian). CORRECTED COMPLAINT FILED AT D.E. #8. |
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