Plaintiffs alleged that Duke University Defendants, City of Durham Defendants and DNASI Defendants conspired to abuse the Nontestimonial Identification Order process, conspired to abuse the Search Warrant process, conspired to conceal exculpatory police witness testimony, conspired to conceal exonerating forensic DNA evidence, conspired to conceal exonerating forensice SANE evidence, conspired to manufacture inculpatory forensic SANE evidence and conspired to stigmatize the Plaintiffs by subjecting them to public outrage, public condemnation, and infamy for crimes that the Defendants knew did not happen.
We have record of the following docket entries for this case.
| Date Filed | # | Document Text |
|---|
| April 27, 2012 | 278 | RESPONSE in Opposition re 272 Brief, 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Exhibit Letter from Ekstrand to Duke's Counsel, # 2 Exhibit Chronicle Article about Board of Trustees' Meetings, # 3 Exhibit Smith Deposition Transcript)(EKSTRAND, ROBERT) |
| April 26, 2012 | 277 |  ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/26/2012, that Plaintiffs' Motion for Extension of Time to Reply to Motion for Entry of Protective Order on Confidentiality and Prospective Sealing Order by Duke University (Doc. # 276 ) is GRANTED, and Plaintiffs have to and including April 26, 2012, within which to file their response. Replies due by 4/26/2012. (Daniel, J) |
| April 20, 2012 | | Motions Referred: 276 Consent MOTION for Extension of Time to File Response as to 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita) |
| April 19, 2012 | 276 | Consent MOTION for Extension of Time to File Response/Reply as to 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Text of Proposed Order)(SPARKS, STEFANIE) |
| April 18, 2012 | 275 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/18/2012, that the Motion to Withdraw as Counsel (Doc. # 273 ) is GRANTED, and William P.H. Cary is hereby terminated as counsel of record in this case. (Daniel, J) |
| April 18, 2012 | 274 | NOTICE of Appearance by attorney BRIAN J. MCMILLAN on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (MCMILLAN, BRIAN) |
| April 16, 2012 | | Motions Referred: 273 MOTION to Withdraw as Attorney WILLIAM P. H. CARY to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita) |
| April 16, 2012 | 273 | MOTION to Withdraw as Attorney WILLIAM P. H. CARY by on behalf of RICHARD CLARK, DNA SECURITY, INC.. Responses due by 5/10/2012 (Attachments: # 1 Text of Proposed Order)(CARY, WILLIAM) |
| March 26, 2012 | 272 | BRIEF re 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order by Defendant DUKE UNIVERSITY. (Attachments: # 1 Exhibit Proposed Protective Order, # 2 Exhibit Plaintiffs' Version of Protective Order, # 3 Exhibit Protective Order entered in Carrington v. Duke, # 4 Exhibit Order in Beasley v. Sessoms & Rogers)(SUN, PAUL) |
| March 26, 2012 | 271 | MOTION for Protective Order on Confidentiality and Prospective Sealing Order by DUKE UNIVERSITY. Responses due by 4/19/2012 (SUN, PAUL) |
| March 6, 2012 | | Motions Referred: 249 MOTION for Protective Order, 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita) |
| March 1, 2012 | 270 | REPLY, filed by Defendant DUKE UNIVERSITY, to Response to 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs filed by DUKE UNIVERSITY. (Attachments: # 1 Exhibit 1- August 23, 2006 letter from Stephen Bryan to Matthew Wilson, # 2 Exhibit 2- Duff Wilson & Viv Bernstein, Duke Cancels Lacrosse Season and Initiates Critiques, N.Y. TIMES, April 6, 2006, # 3 Exhibit 3- 10/07/2011 email from Ms. Wells to Mr. Ekstrand and Ms. Sparks)(SUN, PAUL) |
| February 22, 2012 | | Case Reassigned to MAG/JUDGE JOI ELIZABETH PEAKE. MAG/JUDGE P. TREVOR SHARP no longer assigned to the case. (Powell, Gloria) |
| February 22, 2012 | 269 | NOTICE of Appearance by attorney JAMES M. WEISS on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (WEISS, JAMES) |
| February 14, 2012 | 268 | RESPONSE in Opposition re 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs, 263 Brief, filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 3/2/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (SPARKS, STEFANIE) Modified on 2/15/2012 to add exhibit numbers. (Lloyd, Donna) |
| February 3, 2012 | 267 | RESPONSE to 261 Reply to Response to Motion to the Duke Defendants Allegations Concerning Count 21 filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (SPARKS, STEFANIE) Modified on 2/6/2012 to add text to identify exhibits. (Lloyd, Donna) |
| January 19, 2012 | 266 | ORDER signed by MAG/JUDGE P. TREVOR SHARP on 1/19/2012, that Defendants' motion for leave to exceed page limitation (Docket No. 264 ) is GRANTED and that the Court accepts the Reply Brief, as filed, notwithstanding its noncompliance with Local Rule 7.3(d). (Lloyd, Donna) |
| January 19, 2012 | | Motions Referred: 264 MOTION for Leave to File Excess Pages to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
| January 18, 2012 | | Set Response Deadline re 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs: Responses due by 2/13/2012. (Lloyd, Donna) |
| January 18, 2012 | 265 | NOTICE of Appearance by attorney THOMAS HAMILTON SEGARS on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (SEGARS, THOMAS) |
| January 18, 2012 | 264 | MOTION for Leave to File Excess Pages by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit A - Brief Meeting Page Length, # 2 Text of Proposed Order)(WELLS, DIXIE) |
| January 18, 2012 | 263 | BRIEF re 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs by Defendant DUKE UNIVERSITY filed by DUKE UNIVERSITY. (Attachments: # 1 Exhibit A - 12-5-11 Notice of 30(b)(6) Deposition, # 2 Exhibit B - 12-9-11 Cross-Notice of 30(b)(6) Deposition)(SUN, PAUL) |
| January 18, 2012 | 262 | MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs by DUKE UNIVERSITY. (SUN, PAUL) |
| January 17, 2012 | 261 | REPLY, filed by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH, to Response to 249 MOTION for Protective Order filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit A - Plaintiffs' First Request for Production, # 2 Exhibit B - Plaintiffs' Second Request for Production of Documents and Things)(SUN, PAUL) |
| January 5, 2012 | 260 | CERTIFICATE OF SERVICE by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON re 259 Additional Attachments to Main Document, 258 Additional Attachments to Main Document, Notice of Deficiency re electronically filed document(s), Notice of Deficiency re electronically filed document(s), Notice of Deficiency re electronically filed document(s) (EKSTRAND, ROBERT) |
| January 5, 2012 | 259 | Additional Attachments to Main Document. Re 254 RESPONSE, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(EKSTRAND, ROBERT) |
| January 5, 2012 | 258 | Additional Attachments to Main Document. Re 254 RESPONSE , (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit Amended (signed transcript))(EKSTRAND, ROBERT) |
| January 5, 2012 | 257 | CERTIFICATE OF SERVICE by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON re 254 Response in Opposition to Motion, Notice of Deficiency re electronically filed document(s), Notice of Deficiency re electronically filed document(s), Notice of Deficiency re electronically filed document(s) (EKSTRAND, ROBERT) |
| January 3, 2012 | | NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 255 Certificate-Other, 256 Additional Attachments to Main Document. Certificate of Service filed in relation to pleading no. 253 Response was filed in error with attached exhibits. Refile Certificate of Service as a separate document under the event type "Service of Process" to be filed without any attachments. The Exhibits listed in document no. 255 , 256 should have a cover sheet with the correct heading identifying the documents as exhibits or as additional attachments to pleading no. 254 Response. Please include a certificate of service with these documents. (Taylor, Abby) |
| December 29, 2011 | 254 | RESPONSE in Opposition re 249 MOTION for Protective Order, 250 Brief filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 1/17/2012. (EKSTRAND, ROBERT) |
| December 20, 2011 | 253 | ORDER signed by MAG/JUDGE P. TREVOR SHARP on 12/20/2011. IT IS ORDERED that the consent motion for extension (Docket No. 248 ) is GRANTED and that the time within which the Duke Defendants may file a Rule 26(c) motion for a protective order concerning the Burson-Marsteller and Edelman subpoenas is extended through and including Thursday, December 8, 2011. (Taylor, Abby) |
| December 9, 2011 | 252 | CERTIFICATE OF SERVICE by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH re 251 Additional Attachments to Main Document, (ELLIS, RICHARD) |
| December 9, 2011 | | NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 251 Additional Attachments to Main Document,. Certificate of service absent from document. Refile a separate Certificate of Service for pleading no. 251 . (Taylor, Abby) |
| December 9, 2011 | 251 | Additional Attachments to re: 249 MOTION for Protective Order filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit A - Subpoena to Burson-Marstellar, # 2 Exhibit B - Subpoena to Edelman)(ELLIS, RICHARD) |
| December 8, 2011 | 250 | BRIEF re 249 MOTION for Protective Order by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (ELLIS, RICHARD) |
| December 8, 2011 | 249 | MOTION for Protective Order by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. Responses due by 1/1/2012 (ELLIS, RICHARD) |
| December 2, 2011 | | Motions Referred: 248 Consent MOTION for Extension of Time To File Motion for Protective Order Regarding Subpoenas Duces Tecum until 12/08/2011 to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
| December 1, 2011 | 248 | Consent MOTION for Extension of Time To File Motion for Protective Order Regarding Subpoenas Duces Tecum until 12/08/2011 by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit A - Subpoena to Burson-Marstellar, # 2 Exhibit B - Subpoena to Edelman, # 3 Text of Proposed Order)(ELLIS, RICHARD) |
| November 29, 2011 | 247 | NOTICE of Appearance by attorney PAUL K. SUN, JR on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (SUN, PAUL) |
| October 25, 2011 | | MAG/JUDGE P. TREVOR SHARP added. MAG/JUDGE WALLACE W. DIXON no longer assigned to case. (Powell, Gloria) |
| September 27, 2011 | 246 | ORDER Appointing JONATHAN R. HARKAVY as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) |
| September 27, 2011 | | MEDIATION SCHEDULING ORDER ; Mediation due by 6/21/2012. (Gammon, Cheryl) |
| September 22, 2011 | 245 | NOTICE of Appearance by attorney RYAN M. SHUIRMAN on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., TARA LEVICY, R.N. (SHUIRMAN, RYAN) |
| September 21, 2011 | | Set Deadlines: Parties' Amended Pleadings due by 10/31/2011. Parties' Joinder of Parties due by 10/31/2011. (Daniel, J) |
| September 21, 2011 | 244 | LR 16(c) INITIAL PRETRIAL ORDER signed by MAG/JUDGE WALLACE W. DIXON on 9/19/2011. Plaintiff's Amended Pleadings due by 10/31/2011. Defendant's Amended Pleadings due 10/31/2011. Joinder of Parties for Plaintiffs due by 10/31/2011. Joinder of Parties for Defendants due by 10/31/2011. Discovery shall be placed on the Exceptional Case-Managment Track. The Plaintiffs and the Duke Defendants have agreed to have Jonathan Harkavy mediate this case and the undersigned shall so order Mr. Harkavey be named as Mediator. (Daniel, J) |
| September 16, 2011 | 243 | NOTICE of Appearance by attorney JEREMY M. FALCONE on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (FALCONE, JEREMY) |
| September 7, 2011 | 242 | REPLY, filed by Defendants RICHARD CLARK, DNA SECURITY, INC., to Response to 236 MOTION for Inclusion of Provisions in Scheduling Order filed by RICHARD CLARK, DNA SECURITY, INC.. (Attachments: # 1 Exhibit A)(KING, ROBERT) |
| September 2, 2011 | | Set/Reset reply Deadlines re 236 MOTION Replies due by 9/19/2011. (Lapira, Sharon) |
| September 2, 2011 | 241 | RESPONSE filed by Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON re 236 MOTION for filed by RICHARD CLARK, BRIAN MEEHAN, PHD, DNA SECURITY, INC. filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due 9/19/2011 (EKSTRAND, ROBERT) |
| August 31, 2011 | | ORAL ORDER Mooting 231 Rule 26f Report - Individual; Mooting 234 Rule 26f Report - Individual; Mooting 236 Motion for Conference by MAG/JUDGE WALLACE W. DIXON on 08/31/11. Motions mooted by the Court's direction. The defendants were directed to submit a Rule 26(f) report as the court discussed with the parties in open court. Proceedings recorded. (Garrett, Kim) |
| August 31, 2011 | | ORAL ORDER denying 232 Motion to Consolidate by MAG/JUDGE WALLACE W. DIXON on 08/31/11. The Court will approve cross-noticing of depositions as Plaintiffs propose. (Garrett, Kim) |
| August 31, 2011 | | Minute Entry for proceedings held before MAG/JUDGE WALLACE W. DIXON: Initial Pretrial Conference held on 8/31/2011 continued from 8/17/11. Attorneys present Robert Ekstrand and Stefanie Sparks for plaintiff, Richard Ellis, Jeremy Falcone and Dixie Wells for defendant. Parties are to submit a proposed order as set out in open court no later than 9/16/11. 232 Motion to Consolidate is DENIED. Proceedings recorded. (Garrett, Kim) |
| August 29, 2011 | | Motions Referred: 236 Request, 232 MOTION to Consolidate Discovery to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
| August 26, 2011 | 240 | REPLY, filed by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH, to Response to 232 MOTION to Consolidate Discovery filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit 1 - Email with Comments on Proposed 26(f) Report for McFadyen, # 2 Exhibit 2 - Email with Comments on Proposed 26(f) Report for Carrington)(ELLIS, RICHARD) |
| August 25, 2011 | 239 | RESPONSE to Plaintiffs' response 238 filed by LINWOOD WILSON. Replies due by 8/30/2011. (WILSON, LINWOOD) |
| August 25, 2011 | 238 | RESPONSE in Opposition re 232 MOTION to Consolidate Discovery filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Exhibit Charts, # 2 Exhibit Duke Rule 26(f) Supplemental Report)(SPARKS, STEFANIE) |
| August 17, 2011 | | Set/Reset Deadlines/Hearings: Initial Pretrial Conference reset for 8/31/2011 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. (Garrett, Kim) |
| August 17, 2011 | | Minute Entry for proceedings held before MAG/JUDGE WALLACE W. DIXON: Initial Pretrial Conference held on 8/17/2011 and continued until 8/31/2011 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. Attorneys present for plaintiff Robert Ekstrand and Stefanie Sparks for defendant Richard Ellis, Dixie Wells, Dan McLamb and Paul Dickinson, Jr. (Garrett, Kim) |
| August 16, 2011 | | Motions Referred: 234 Rule 26(f) Report (Individual), 231 Rule 26(f) Report (Individual) to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
| August 16, 2011 | 237 | RESPONSE filed by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH re 236 Request filed by RICHARD CLARK, BRIAN MEEHAN, PHD, DNA SECURITY, INC. filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (ELLIS, RICHARD) |
| August 8, 2011 | 236 | REQUEST by Defendants RICHARD CLARK, DNA SECURITY, INC., BRIAN MEEHAN, PHD for Inclusion of Certain Provisions In Scheduling Order. (KING, ROBERT) Modified on 8/29/2011 to correct event used (Garrett, Kim). |
| August 3, 2011 | 235 | SUPPLEMENT re 231 Rule 26(f) Report (Individual). by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (ELLIS, RICHARD) |
| August 1, 2011 | 234 | Rule 26(f) Report (Individual). Responses due by 8/25/2011 by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON.(SPARKS, STEFANIE) |
| August 1, 2011 | 233 | BRIEF re 232 MOTION to Consolidate Discovery by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (ELLIS, RICHARD) |
| August 1, 2011 | 232 | MOTION to Consolidate Discovery by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. Response due 8/25/2011(ELLIS, RICHARD) |
| August 1, 2011 | 231 | Rule 26(f) Report (Individual). by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH.(ELLIS, RICHARD) |
| July 26, 2011 | 230 | ORDER on Motion for an Extension of Time to File Reports Required by Rule 26. that the motion for an order extending the time for the parties to file the report(s) required by Rule 26 is GRANTED; and it is FURTHER ORDERED that the time for the parties to file the report(s) required by Rule 26 is hereby extended through and including August 1, 2011. Signed by MAG/JUDGE WALLACE W. DIXON on 7/26/2011. (Lapira, Sharon) |
| July 26, 2011 | | Motions Referred: 229 MOTION for Extension of Time to File Reports Required by Rule 26 to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita) |
| July 23, 2011 | 229 | MOTION for Extension of Time to File Reports Required by Rule 26 by BRECK ARCHER, RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, RYAN MCFADYEN, GARY N. SMITH, ROBERT K. STEEL, MATTHEW WILSON. (Attachments: # 1 Text of Proposed Order)(ELLIS, RICHARD) |
| July 22, 2011 | 228 | ORDER granting 227 Motion to Withdraw as Attorney. Attorney THOMAS CARLTON YOUNGER, III terminated. Signed by MAG/JUDGE WALLACE W. DIXON on 7/22/2011. (Lapira, Sharon) |
| July 20, 2011 | | Motions Referred: 227 MOTION to Withdraw as Attorney THOMAS CARLTON YOUNGER, III to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita) |
| July 18, 2011 | 227 | MOTION to Withdraw as Attorney THOMAS CARLTON YOUNGER, III by on behalf of THERESA ARICO, R.N., DUKE UNIVERSITY HEALTH SYSTEMS, INC., TARA LEVICY, R.N., JULIE MANLY, M.D., PRIVATE DIAGNOSTIC CLINIC, PLLC. (Attachments: # 1 Text of Proposed Order)(YOUNGER, THOMAS) |
| July 1, 2011 | 226 | NOTICE by RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (WELLS, DIXIE) |
| July 1, 2011 | 225 | NOTICE of Appearance by attorney RICHARD W. ELLIS on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (ELLIS, RICHARD) |
| June 30, 2011 | 224 | ORDER ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL for good cause shown, that the motion of William F. Lee, Jamie S. Gorelick, Paul R.Q. Wolfson, and Jennifer M. OConnor of Wilmer Cutler Pickering Hale & Dorr LLP to withdraw as counsel for the Duke Defendants is GRANTED and that William F. Lee, Jamie S. Gorelick, Paul R.Q. Wolfson, and Jennifer M. OConnor of Wilmer Cutler Pickering Hale & Dorr LLP are fully discharged from representation of the Duke Defendants in this matter and shall have no further responsibility with regard to this case. Signed by MAG/JUDGE WALLACE W. DIXON on 6/30/2011. (Lapira, Sharon) |
| June 30, 2011 | | Motions Referred: 223 MOTION to Withdraw as Counsel to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita) |
| June 28, 2011 | 223 | MOTION to Withdraw as Counsel by THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. (Attachments: # 1 Text of Proposed Order Proposed Order)(O'CONNOR, JENNIFER) |
| June 28, 2011 | 222 | NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/17/2011 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. (Garrett, Kim) |
| June 27, 2011 | 221 | ORDER signed by MAG/JUDGE WALLACE W. DIXON on 6/27/2011, that the Motion of Hannah G. Styron, individually, to withdraw as counsel for the Defendants in this Action is hereby granted. (Butler, Carol) |
| June 24, 2011 | | Motions Referred: 220 MOTION to Withdraw as Attorney HANNAH GRAY STYRON to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita) |
| June 21, 2011 | 220 | MOTION to Withdraw as Attorney HANNAH GRAY STYRON by on behalf of PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. Responses due by 7/15/2011 (Attachments: # 1 Text of Proposed Order Order)(STYRON, HANNAH) |
| June 13, 2011 | | Minute Entry for proceedings held before MAG/JUDGE WALLACE W. DIXON: In view of the stay order entered on June 9, the order entered on June 10 is withdrawn. (DIXON, WALLACE) |
| June 10, 2011 | 219 | ORDER signed by MAG/JUDGE WALLACE W. DIXON on 6/10/2011, that on motion of Defendant the City of Durham, North Carolina (the "City"), and pursuant to FED. R. CIV. P. 6(b) and LR6.1(a), MDNC it is hereby ORDERED that the time within which the City and its former and present personnel who are named as Defendants and Defendant Linwood Wilson may answer or otherwise plead or respond to Plaintiffs' Second Amended Complaint (Doc. no. 136 ), shall be, and such time hereby is, ENLARGED, through and including July 14, 2011. Answer due by 7/14/2011.(Daniel, J) |
| June 9, 2011 | 218 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 6/9/11 that the Motions to Stay [Doc. # 205 , 211 , 212 ] are GRANTED and all proceedings in this case with respect to Counts 1, 2, 5, 12, 13, 14, 18, 25, 26, 32, 35, and 41, including discovery, are stayed pending the resolution of the interlocutory appeal in this case. HOWEVER, IT IS FURTHER ORDERED that discovery may proceed with respect to Counts 21 and 24, but discovery may not be directed to any of the City Defendants until the resolution of the interlocutory appeal unless otherwise ordered by the Court. (Wilson, JoAnne) |
| June 9, 2011 | | Motions Referred: 217 Consent MOTION for Extension of Time to File Answer re 136 Amended Complaint on Behalf of City Defendants and Defendant Linwood Wilson to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita) |
| June 9, 2011 | 217 | Consent MOTION for Extension of Time to File Answer re 136 Amended Complaint,,,, on Behalf of City Defendants and Defendant Linwood Wilson by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order)(GILLESPIE, REGINALD) |
| May 27, 2011 | | Motions Submitted: 212 MOTION for Joinder to Join Defendants' Motion To Stay, 211 MOTION for Joinder to Join Defendants Motion To Stay, 205 MOTION to Stay to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| May 26, 2011 | 216 | REPLY, filed by Defendants DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA, to Response to 205 MOTION to Stay filed by DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| May 26, 2011 | 215 | NOTICE by DUKE UNIVERSITY re 214 Response in Opposition to Motion Notice of Duke University's Response to Plaintiffs' Allegation of Destruction of Evidence (Attachments: # 1 Exhibit A - Letter from Wells to Ekstrand)(COWAN, JAMES) |
| May 24, 2011 | 214 | RESPONSE in Opposition re 205 MOTION to Stay, 206 Brief, filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT) |
| May 18, 2011 | | Set/Reset Motion and R&R Deadlines/Hearings re 205 MOTION to Stay : Responses due by 5/24/2011. Replies due by 5/27/2011. (Lapira, Sharon) |
| May 18, 2011 | 213 | ORDER that the Motion to Expedite [Doc. # 207 ] is GRANTED, and that with respect to the City Defendants' motion for stay of proceedings and supporting brief filed on May 13, 2011, any Response, including brief, shall be filed on or before midnight on May 24, 2011, and any Reply shall be filed on or before midnight on May 27, 2011. Signed by CHIEF JUDGE JAMES A. BEATY, JR., on 5/18/2011. (Lapira, Sharon) |
| May 18, 2011 | 212 | MOTION for Joinder to Join Defendants' Motion To Stay by LINWOOD WILSON. Responses due by 6/13/2011 (WILSON, LINWOOD) |
| May 17, 2011 | 211 | MOTION for Joinder to Join Defendants Motion To Stay re 205 MOTION to Stay by RICHARD CLARK, DNA SECURITY, INC., BRIAN MEEHAN, PHD. Responses due by 6/10/2011 (KING, ROBERT) |
| May 16, 2011 | 210 | ANSWER to Second Amended Complaint (Second) by BRIAN MEEHAN, PHD. Re 136 Second Amended Complaint (ROBERTS, JAMES) |
| May 16, 2011 | 209 | ANSWER to Second Amended Complaint by RICHARD CLARK, DNA SECURITY, INC. Re 136 Second Amended Complaint (KING, ROBERT) |
| May 16, 2011 | 208 | NOTICE of Appearance by attorney STEFANIE ANNE SPARKS on behalf of Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON (SPARKS, STEFANIE) |
| May 16, 2011 | | Motions Submitted: 207 Consent MOTION to Expedite Response and Reply Deadlines re 205 motion for stay to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| May 13, 2011 | 207 | Consent MOTION to Expedite Response and Reply Deadlines re 205 motion for stay by DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order)(GILLESPIE, REGINALD) |
| May 13, 2011 | 206 | Supporting BRIEF re 205 MOTION to Stay by Defendants DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA filed by DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| May 13, 2011 | 205 | MOTION to Stay by DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 6/6/2011 (GILLESPIE, REGINALD) |
| May 6, 2011 | | Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re 204 Order on Motion for Leave to Proceed in forma pauperis (Lapira, Sharon) |
| May 6, 2011 | 204 | ORDER that the defendant Linwood Wilson may proceed on appeal to the Fourth Circuit Court of Appeals without prepayment of fees or costs or the giving of security. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 5/6/2011. (Lapira, Sharon) |
| May 6, 2011 | 203 | USCA ORDER The court consolidates Case No. 11-1458 and Case No. 11-1460. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. USCA 11-1460 (Lapira, Sharon) |
| May 6, 2011 | 202 | NOTICE of Docketing Record on Appeal from USCA re 199 Notice of Appeal,. USCA Case Number 11-1460 Case Manager Cyndi Halupa (Lapira, Sharon) |
| May 4, 2011 | 201 | NOTICE of Docketing Appeal from USCA re 196 Notice of Appeal, filed by PATRICK BAKER, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, LEE RUSS, MICHAEL RIPBERGER, STEVEN CHALMERS. USCA Case Number: 11-1458. USCA Case Manager: Cyndi Halupa. (Law, Trina) |
| May 3, 2011 | | Motions Submitted: 198 MOTION for Leave to Proceed In Forma Pauperis to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| May 3, 2011 | 200 | Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 199 Notice of Appeal, (Lapira, Sharon) |
| May 2, 2011 | 199 | NOTICE OF APPEAL as to 186 Memorandum & Opinion,, 187 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss by DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, THE CITY OF DURHAM, NORTH CAROLINA. Filing fee $ 455, receipt number 0418-921210. (GILLESPIE, REGINALD) |
| May 2, 2011 | 198 | MOTION for Leave to Proceed In Forma Pauperis by LINWOOD WILSON. (Attachments: # 1 Affidavit Declaration In Support)(WILSON, LINWOOD) |
| May 2, 2011 | | Assembled Electronic Record Transmitted to Fourth Circuit re 196 Notice of Appeal, (Lapira, Sharon) |
| May 2, 2011 | 197 | Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 196 Notice of Appeal, (Lapira, Sharon) |
| April 29, 2011 | 196 | NOTICE OF APPEAL as to 186 Memorandum & Opinion,, 187 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss, by PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. Filing fee $ 455, receipt number 0418-920418. (KERNER, PATRICIA) |
| April 14, 2011 | 195 | ANSWER to Amended Complaint 136 by RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., VICTOR J. DZAU, M.D., AARON GRAVES, TARA LEVICY, R.N., GARY N. SMITH, ROBERT K. STEEL. (COWAN, JAMES) |
| April 12, 2011 | | ORDER granting 194 Motion for Extension of Time to Answer for BRIAN MEEHAN, PHD. Answer due by 5/16/2011. Signed by John Brubaker, Clerk of Court, on 04/12/11. (Brubaker, John) |
| April 11, 2011 | 194 | MOTION for Extension of Time to File Answer re 136 Amended Complaint,,,, Unopposed Motion for Enlargement of Time to Answer Plaintiffs' Second Amended Complaint by BRIAN MEEHAN, PHD. (Attachments: # 1 Text of Proposed Order)(DICKINSON, PAUL) |
| April 11, 2011 | | ORDER granting 193 Motion for Extension of Time to Answer for RICHARD CLARK and DNA SECURITY, INC. Answer due by 5/16/2011. Signed by John Brubaker, Clerk of Court, on 04/11/11. (Brubaker, John) |
| April 11, 2011 | 193 | MOTION for Extension of Time to File Answer by RICHARD CLARK, DNA SECURITY, INC.. (Attachments: # 1 Text of Proposed Order)(KING, ROBERT) |
| April 11, 2011 | 192 | ORDER ENLARGING TIME WITHIN WHICH CITY DEFENDANTS, MICHAEL NIFONG, AND LINWOOD WILSON MAY ANSWER PLAINTIFFS' SECOND AMENDED COMPLAINT FED. R. CIV. P. 6(b), LR6.1(a), MDNC Answer due by 6/14/2011. Signed by MAG/JUDGE WALLACE W. DIXON on 4/11/2011. (Lapira, Sharon) |
| April 11, 2011 | | Motions Referred: 191 MOTION for Extension of Time to File Answer re 136 Amended Complaint on Behalf of City Defendants, Defendant Michael Nifong, and Defendant Linwood Wilson to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita) |
| April 9, 2011 | 191 | MOTION for Extension of Time to File Answer re 136 Amended Complaint,,,, on Behalf of City Defendants, Defendant Michael Nifong, and Defendant Linwood Wilson by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order)(GILLESPIE, REGINALD) |
| April 8, 2011 | 190 | NOTICE of Appearance by attorney WILLIAM P. H. CARY on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (CARY, WILLIAM) |
| April 7, 2011 | 189 | NOTICE of Appearance by attorney CHARNANDA T. REID on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (REID, CHARNANDA) |
| April 6, 2011 | 188 | NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK D. GOTTLIEB (SPEAS, EDWIN) |
| March 31, 2011 | 187 | ORDER that the Motions to Dismiss [Doc. # 167 , 168 , 169 , 170 ], 171 , 173 , 174 , 175 , 176 , 177 , 179 ] are GRANTED IN PART and DENIED IN PART. As a result, IT IS ORDERED that Plaintiffs claims will go forward against Defendant Nifong in Counts 1, 2, 5, and 18; against Defendant Gottlieb in Counts 1, 2, 5, and 18; against Defendant Himan in Counts 1, 2, and 18; against Defendant Levicy in Counts 1, 2, and 18; against Defendant Smith in Counts 2 and 24; against Defendant Addison in Count 5; against Defendant Wilson in Counts 5 and 18; against the City in Counts 1, 2, and 5 (based on the allegations in Counts 12 and 14), as well as in Counts 18, 25, 26, and 41; against Defendants Hodge, Baker, Chalmers, Russ, Council, and Ripberger in Counts 1, 2, 5, and 13; against Defendant Lamb in Counts 1, 2, 5, 13, and 18; against Clark and Meehan in Count 18; against DSI in Counts 18 and 35; against Steel, Brodhead, Dzau and Burness in Count 18; against Defendants Graves, Dean, and Drummond in Count 24; against Duke Health in Counts 18 and 32; and against Duke in Counts 18, 21 (to the extent set out in the Memorandum Opinion), 24, and 32. IT IS THEREFORE ORDERED that all remaining claims are DISMISSED, including all of the claims asserted in Counts 3, 4, 6, 7, 8, 9, 10, 11, 15, 16, 17, 19, 20, 22, 23, 27, 28, 29, 30, 31, 33, 34, 36, 37, 38, 39, and 40, and all of the claims asserted against Defendants Humphries, Cooper, Garber, Schwab, Fleming, Best, Stotsenberg, Lange, Trask, Moneta, Haltom, Dawkins, Wasiolek, Bryan, Private Diagnostic, Manly, Arico, Mihaich, Evans, Soukup, Michael, Clayton, and the Duke Police Department. IT IS FURTHER ORDERED that the claim for punitive damages against the City is DISMISSED. FINALLY, IT IS ORDERED that the City of Durhams Motion for Summary Judgment [Doc. # 86 ] is DENIED at this time, without prejudice to the City raising the issues asserted therein as part of a comprehensive Motion for Summary Judgment at the close of discovery. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 3/31/2011. (Lapira, Sharon) |
| March 31, 2011 | 186 | MEMORANDUM AND OPINION that the Motions to Dismiss [Doc. # 167 , 168 , 169 , 170 , 171 , 173 , 174 , 175 , 176 , 177 , 179 ] are GRANTED IN PART and DENIED IN PART asset out herein. IT IS FURTHER ORDERED that the City of Durhams Motion for Summary Judgment [Doc. # 86 ] is DENIED at this time, without prejudice to the City raising the issues asserted therein as part of a comprehensive Motion for Summary Judgment at the close of discovery. A separate Order will be entered contemporaneously herewith.. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 3/31/2011. (Lapira, Sharon) |
| February 28, 2011 | 185 | NOTICE of Change of Address by PAUL R. DICKINSON, JR (DICKINSON, PAUL) |
| May 4, 2010 | | Motions Submitted: 168 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 179 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 176 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 167 MOTION to Dismiss Second Amended Complaint, 170 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 175 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 169 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 177 MOTION to Dismiss [RENEWED] Second Amended Complaint, 174 MOTION to Dismiss Second Amended Complaint, 173 MOTION to Dismiss Second Amended Complaint, 171 MOTION to Dismiss Second Amended Complaint to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| April 23, 2010 | 184 | REPLY, filed by Defendant THE CITY OF DURHAM, NORTH CAROLINA, to Response to 179 MOTION to Dismiss Plaintiffs' Second Amended Complaint NOTE: This Reply with Respect to Supplemental Brief in Support of Motion to Dismiss Plaintiffs' N.C. Constitutional Claim is filed in reply to Plaintiffs' Opposition Brief (Doc. No.182 )] filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| April 23, 2010 | 183 | REPLY, filed by Defendants THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK, to Response to 176 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 175 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 177 MOTION to Dismiss [RENEWED] Second Amended Complaint IN SUPPORT OF DUKE UNIVERSITY DEFENDANTS', DUKE SANE DEFENDANTS', AND DUKE POLICE DEFENDANTS' MOTION TO DISMISS COUNT 41 OF PLAINTIFFS' SECOND AMENDED COMPLAINT filed by THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. (GORELICK, JAMIE) |
| April 9, 2010 | 182 | RESPONSE in Opposition re 180 Brief filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 4/26/2010. (EKSTRAND, ROBERT) |
| April 9, 2010 | 181 | RESPONSE in Opposition re 178 Memorandum filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 4/26/2010. (EKSTRAND, ROBERT) |
| March 16, 2010 | 180 | Supplemental BRIEF re 179 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Defendant THE CITY OF DURHAM, NORTH CAROLINA filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| March 16, 2010 | 179 | MOTION to Dismiss Plaintiffs' Second Amended Complaint by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 4/9/2010 (GILLESPIE, REGINALD) |
| March 16, 2010 | 178 | MEMORANDUM filed by Defendants THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK re 176 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 175 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 177 MOTION to Dismiss [RENEWED] Second Amended Complaint filed by THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. (GORELICK, JAMIE) |
| March 16, 2010 | 177 | MOTION to Dismiss [RENEWED] Second Amended Complaint by THERESA ARICO, R.N., DUKE UNIVERSITY HEALTH SYSTEMS, INC., TARA LEVICY, R.N., JULIE MANLY, M.D., PRIVATE DIAGNOSTIC CLINIC, PLLC. (GORELICK, JAMIE) |
| March 16, 2010 | 176 | MOTION to Dismiss [RENEWED] Second Amended Complaint by JEFFREY O. BEST, PHYLLIS COOPER, ROBERT DEAN, DUKE UNIVERSITY POLICE DEPARTMENT, JOSEPH FLEMING, WILLIAM F. GARBER, II, LEILA HUMPHRIES, JAMES SCHWAB, GARY N. SMITH, GREG STOTSENBERG. (GORELICK, JAMIE) |
| March 16, 2010 | 175 | MOTION to Dismiss [RENEWED] Second Amended Complaint by RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, KEMEL DAWKINS, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, ALLISON HALTON, PETER LANGE, PHD, LARRY MONETA, ED.D., ROBERT K. STEEL, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. (GORELICK, JAMIE) |
| March 15, 2010 | 174 | MOTION to Dismiss Second Amended Complaint by BRIAN MEEHAN, PHD. Responses due by 4/2/2010 (ROBERTS, JAMES) |
| March 12, 2010 | 173 | MOTION to Dismiss Second Amended Complaint by RICHARD CLARK, DNA SECURITY, INC.. Responses due by 4/2/2010 (PINYAN, CLINTON) |
| March 11, 2010 | 172 | NOTICE of Appearance by attorney CLINTON R. PINYAN on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (PINYAN, CLINTON) |
| March 11, 2010 | 171 | MOTION to Dismiss Second Amended Complaint by BENJAMIN W. HIMAN. Responses due by 4/5/2010 (SAPPENFIELD, HENRY) |
| March 10, 2010 | 170 | MOTION to Dismiss Plaintiffs' Second Amended Complaint by PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, LAIRD EVANS, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS. Responses due by 4/5/2010 (KERNER, PATRICIA) |
| March 10, 2010 | 169 | MOTION to Dismiss Plaintiffs' Second Amended Complaint by DAVID W. ADDISON, RICHARD D. CLAYTON, KAMMIE MICHAEL, JAMES T. SOUKUP. Responses due by 4/5/2010 (MAXWELL, JAMES) |
| March 9, 2010 | 168 | MOTION to Dismiss Plaintiffs' Second Amended Complaint by MARK D. GOTTLIEB. Responses due by 4/2/2010 (STEVENS, ERIC) |
| March 4, 2010 | 167 | MOTION to Renew Pldg. # 44 Motion to Dismiss and Memorandum re Second Amended Complaint by LINWOOD WILSON. Responses due by 3/29/2010. (WILSON, LINWOOD) |
| February 24, 2010 | | NOTICE of Docket Text/Event Modification re 136 Second Amended Complaint: Corrected Document and Filed Exhibits as Separate Docket Entries; Pleading has been regenerated. (Law, Trina) |
| February 23, 2010 | 166 | EXHIBIT 28 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 165 | EXHIBIT 27 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 164 | EXHIBIT 26 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 163 | EXHIBIT 25 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 162 | EXHIBIT 24 (Part 2) re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 161 | EXHIBIT 24 (Part 1) re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 160 | EXHIBIT 23 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 159 | EXHIBIT 22 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 158 | EXHIBIT 21 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 157 | EXHIBIT 20 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 156 | EXHIBIT 19 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 155 | EXHIBIT 18 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 154 | EXHIBIT 17 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 153 | EXHIBIT 16 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 152 | EXHIBIT 15 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 151 | EXHIBIT 14 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 150 | EXHIBIT 13 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 149 | EXHIBIT 12 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 148 | EXHIBIT 11 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 147 | EXHIBIT 10 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 146 | EXHIBIT 9 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 145 | EXHIBIT 8 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 144 | EXHIBIT 7 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER.(Law, Trina) |
| February 23, 2010 | 143 | EXHIBIT 6 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 142 | EXHIBIT 5 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 141 | EXHIBIT 4 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 140 | EXHIBIT 3 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 139 | EXHIBIT 2 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 138 | EXHIBIT 1 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina) |
| February 23, 2010 | 137 | NOTICE of Manual Filing Second Amended Complaint in paper form with the Clerk's Office by Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON (Electronic Not Paper Form) (EKSTRAND, ROBERT) |
| February 23, 2010 | 136 | Second AMENDED COMPLAINT against defendant DAVID W. ADDISON, THERESA ARICO, R.N., PATRICK BAKER, JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, STEVEN CHALMERS, RICHARD CLARK, RICHARD D. CLAYTON, PHYLLIS COOPER, BEVERLY COUNCIL, KEMEL DAWKINS, ROBERT DEAN, DNA SECURITY, INC., MATTHEW DRUMMOND, DUKE POLICE DEFENDANTS, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., LAIRD EVANS, JOSEPH FLEMING, WILLIAM F. GARBER, II, MARK D. GOTTLIEB, AARON GRAVES, ALLISON HALTON, BENJAMIN W. HIMAN, RONALD HODGE, LEILA HUMPHRIES, JEFF LAMB, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., BRIAN MEEHAN, PHD, KAMMIE MICHAEL, STEPHEN MIHAICH, LARRY MONETA, ED.D., MICHAEL B. NIFONG, PRIVATE DIAGNOSTIC CLINIC, PLLC, MICHAEL RIPBERGER, LEE RUSS, EDWARD SARVIS, JAMES SCHWAB, GARY N. SMITH, JAMES T. SOUKUP, ROBERT K. STEEL, GREG STOTSENBERG, THE CITY OF DURHAM, NORTH CAROLINA, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK, LINWOOD WILSON, filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER.(EKSTRAND, ROBERT) Modified on 2/24/2010 to correct document image (Law, Trina). |
| February 16, 2010 | | Set Deadline: Second Amended Complaint due 2/23/2010 pursuant to Order entered 2/16/2010. (Welch, Kelly) |
| February 16, 2010 | 135 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 2/16/10, that Plaintiffs' Motion for Leave to File a Second Amended Complaint [Doc. # 130 ] is GRANTED, and Plaintiffs must file their Second Amended Complaint within seven (7) days of this Order. FURTHER that the previously-filed Motions to Dismiss [consolidated at Doc. # 61 ] and the related Motion to Strike [Doc. # 73 ] 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. FURTHER that Defendants Duke University and the City of Durham may each file an additional supplemental supporting memorandum not to exceed 20 pages addressing any new matters reflected in the Second Amended Complaint, and a Response not to exceed 20 pages may be filed within 21 days thereafter, with a Reply not to exceed 10 pages filed 14 days later. (Welch, Kelly) |
| January 7, 2010 | 134 | Suggestion of Subsequently Decided Authority re 61 MOTION to Dismiss by Defendants DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, RICHARD D. CLAYTON, BEVERLY COUNCIL, LAIRD EVANS, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, KAMMIE MICHAEL, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS, JAMES T. SOUKUP, THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| December 31, 2009 | | Motions Submitted: 130 MOTION for Leave to Amend the Pleadings to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| December 21, 2009 | 133 | REPLY to Response to 130 MOTION for Leave to Amend the Pleadings filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT) |
| December 4, 2009 | 132 | RESPONSE in Opposition re 130 MOTION for Leave to Amend the Pleadings filed by THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. Replies due by 12/21/2009. (GORELICK, JAMIE) |
| December 4, 2009 | 131 | RESPONSE in Opposition re 130 MOTION for Leave to Amend the Pleadings filed by THE CITY OF DURHAM, NORTH CAROLINA. Replies due by 12/21/2009. (Attachments: # 1 Text of Proposed Order including Alternate Versions)(GILLESPIE, REGINALD) |
| November 11, 2009 | 130 | MOTION for Leave to Amend the Pleadings by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 12/4/2009. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Proposed Order)(EKSTRAND, ROBERT) |
| July 14, 2009 | 129 | Response BRIEF re 128 Order Requesting Supplemental Briefs by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT) |
| July 10, 2009 | 128 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 7/10/2009, re 126 MOTION entitled "REQUEST"; that within 20 days after Defendants' Supplemental Briefs are filed, Plaintiffs may file one consolidated Response Brief, not to exceed 40 pages, responding to the issues raised in the Defendants' Supplemental Briefs [Doc. # 120 - # 125 ]. In all other respects, Plaintiffs' Motion is denied. (Lloyd, Donna) |
| July 10, 2009 | 127 | NOTICE of Withdrawal re 126 Request for Clarification of the Court's June 4, 2009, Order and Alternative Motion to Enlarge the Number of Pages or Briefs by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT) |
| July 1, 2009 | | Request by plantiffs for Clarification of the Court's June 4, 2009 order REFERRED to Judge Beaty. (Kemp, Donita) |
| June 29, 2009 | 126 | REQUEST for Clarification of the Court's June 4, 2009 Order re 119 Order by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: # 1 Exhibit Proposed Order)(EKSTRAND, ROBERT) |
| June 24, 2009 | 125 | REPLY to Response to 40 MOTION to Dismiss Defendant Brian Meehan's Joinder in Defendants DNA Security, Inc. and Richard Clark's Supplemental Brief in Support of Motion to Dismiss filed by BRIAN MEEHAN, PHD. (ROBERTS, JAMES) |
| June 24, 2009 | 124 | Supplemental BRIEF In Support Of Linwood Wilson's Motion To Dismiss 44 by Defendant LINWOOD WILSON filed by LINWOOD WILSON. (WILSON, LINWOOD) |
| June 24, 2009 | 123 | Supplemental BRIEF re 54 Memorandum, 61 MOTION to Dismiss, 62 Brief, 52 Brief by Defendants THE CITY OF DURHAM, NORTH CAROLINA, MARK D. GOTTLIEB, BENJAMIN W. HIMAN. (GILLESPIE, REGINALD) |
| June 24, 2009 | 122 | Supplemental BRIEF re 102 Reply to Response to Motion, 56 Memorandum, 58 Memorandum, 43 Memorandum, 105 Reply to Response to Motion, 95 Reply to Response to Motion filed by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. (KERNER, PATRICIA) |
| June 24, 2009 | 121 | Supplemental BRIEF re 100 Reply to Response to Motion, 60 Memorandum by Defendants DNA SECURITY, INC., RICHARD CLARK by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) |
| June 24, 2009 | 120 | Joint Supplemental BRIEF re 48 Memorandum, 97 Reply to Response to Motion, 46 Memorandum, 50 Memorandum, 98 Reply to Response to Motion, 99 Reply to Response to Motion, by Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (GORELICK, JAMIE) |
| June 4, 2009 | 119 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 06/04/09, 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. (Law, Trina) |
| May 27, 2009 | 118 | Suggestion of Subsequently Decided Authority Supplementing Motions to Dismiss by Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (Attachments: # 1 Exhibit 1)(GORELICK, JAMIE) |
| March 30, 2009 | 117 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 03/30/09, that for administrative purposes, the various Motions to Dismiss [Doc. # 40 , # 41 , # 44 , # 45 , # 47 , # 49 , # 51 , # 53 , # 55 , # 57 , # 59 , # 61 are CONSOLIDATED into a single Motion to Dismiss [designated as Doc. # 61 ] for further review and consideration by the Court. (Law, Trina) |
| March 22, 2009 | 116 | SUPPLEMENT re 86 MOTION for Partial Summary Judgment (Governmental Immunity) by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD) |
| February 27, 2009 | 115 | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant MARK D. GOTTLIEB. DAVID WILLIAM LONG is substituted as counsel for Defendant. Attorney EDWIN M. SPEAS, JR terminated. (LONG, DAVID) |
| February 25, 2009 | 114 | Suggestion of Subsequently Decided Authority re 86 MOTION for Partial Summary Judgment (Governmental Immunity), 96 Response in Opposition to Motion by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: # 1 Fulford v. Jenkins Slip Opinion, # 2 Policy at Issue in Fulford v. Jenkins, et al)(EKSTRAND, ROBERT) |
| January 26, 2009 | 113 | NOTICE of Change of Address by JAMES DONALD COWAN, JR. (COWAN, JAMES) |
| December 29, 2008 | | ***Motions Submitted: 51 MOTION to Dismiss, 86 MOTION for Partial Summary Judgment (Governmental Immunity), 40 MOTION to Dismiss, 59 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 45 MOTION to Dismiss by Duke University Defendants, 53 MOTION to Dismiss, 44 MOTION to Dismiss, 57 MOTION to Dismiss, 55 MOTION to Dismiss, 73 MOTION to Strike 61 MOTION to Dismiss, 49 MOTION to Dismiss by Duke Police Defendants, 41 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| December 16, 2008 | | NOTICE of Docket Text/Event Modification re Notice of Electronic Deficiency entered in error on 12/15/08. (Law, Trina) |
| December 15, 2008 | | ***FILED IN ERROR***NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) as to REGINALD GILLESPIE re 108 Affidavit, 109 Affidavit. Exhibit 1 is too large and cannot be opened properly. Please refile the exhibit in smaller sections so it can be viewed. (Law, Trina) Modified on 12/15/2008 to reflect this entry was filed erroneously (Law, Trina). |
| December 14, 2008 | 112 | CERTIFICATE OF SERVICE re 109 Affidavit, 110 Affidavit, 108 Affidavit by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| December 12, 2008 | 111 | REPLY to Response to 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| December 12, 2008 | 110 | AFFIDAVIT of Arche L. McAdoo re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD) |
| December 12, 2008 | 109 | AFFIDAVIT of J. Steven Lee re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD) |
| December 12, 2008 | 108 | AFFIDAVIT of Amy M. Delorenze re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD) |
| November 26, 2008 | 107 | REPLY to Response to 61 MOTION to Dismiss filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| November 26, 2008 | 106 | REPLY to Response to 53 MOTION to Dismiss, 51 MOTION to Dismiss filed by Defendants BENJAMIN W. HIMAN, MARK GOTTLIEB. (CRAIG, JOEL) |
| November 26, 2008 | 105 | REPLY to Response to 55 MOTION to Dismiss filed by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. (KERNER, PATRICIA) |
| November 26, 2008 | 104 | REPLY to Response to 40 MOTION to Dismiss filed by BRIAN MEEHAN, PHD. (DICKINSON, PAUL) |
| November 26, 2008 | 103 | NOTICE of Appearance by attorney PAUL R. DICKINSON, JR on behalf of Defendant BRIAN MEEHAN, PHD. (DICKINSON, PAUL) |
| November 26, 2008 | 102 | REPLY to Response to 57 MOTION to Dismiss filed by RONALD HODGE. (KERNER, PATRICIA) |
| November 25, 2008 | 101 | REPLY to Response to 44 MOTION to Dismiss filed by LINWOOD WILSON. (WILSON, LINWOOD) |
| November 25, 2008 | 100 | REPLY to Response to 59 MOTION to Dismiss filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) |
| November 25, 2008 | 99 | REPLY to Response to 49 MOTION to Dismiss by Duke Police Defendants filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, DUKE UNIVERSITY POLICE DEPARTMENT, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (GORELICK, JAMIE) |
| November 25, 2008 | 98 | REPLY to Response to 47 MOTION to Dismiss filed by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (GORELICK, JAMIE) |
| November 25, 2008 | 97 | REPLY to Response to 45 MOTION to Dismiss by Duke University Defendants filed by ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, AARON GRAVES. (GORELICK, JAMIE) |
| November 24, 2008 | 96 | RESPONSE in Opposition re 88 Brief, 87 Affidavit, 89 Certificate of Service, 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 12/12/2008. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(EKSTRAND, ROBERT) |
| November 24, 2008 | 95 | REPLY to Response to 41 MOTION to Dismiss filed by JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON. (MAXWELL, JAMES) |
| November 21, 2008 | 94 | REPLY to Response to 73 MOTION to Strike 48 Memorandum, 47 MOTION to Dismiss by Duke SANE Defendants, 61 MOTION to Dismiss, 46 Memorandum, 50 Memorandum, 49 MOTION to Dismiss by Duke Police Defendants, 45 MOTION to Dismiss by Duke University De MOTION to Strike 48 Memorandum, 47 MOTION to Dismiss by Duke SANE Defendants, 61 MOTION to Dismiss, 46 Memorandum, 50 Memorandum, 49 MOTION to Dismiss by Duke Police Defendants, 45 MOTION to Dismiss by Duke University filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT) |
| November 10, 2008 | 93 | RESPONSE re 90 Response to Plaintiffs' "Request" For Leave by DNA SECURITY, INC., RICHARD CLARK filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT) |
| November 3, 2008 | 92 | RESPONSE in Opposition re 73 MOTION to Strike filed by THE CITY OF DURHAM, NORTH CAROLINA. Replies due by 11/21/2008. (GILLESPIE, REGINALD) |
| November 3, 2008 | 91 | RESPONSE in Opposition re 73 MOTION to Strike filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Replies due by 11/21/2008. (GORELICK, JAMIE) |
| October 24, 2008 | 90 | RESPONSE to Plaintiffs' "Request" For Leave to Conduct 26(f) Discovery Conference by DNA SECURITY, INC., RICHARD CLARK. Replies due by 11/10/2008. (KING, ROBERT) |
| October 24, 2008 | 89 | CERTIFICATE OF SERVICE by THE CITY OF DURHAM, NORTH CAROLINA re 87 Affidavit of Darwin Laws and Exhibits 1, 2, and 3. (GILLESPIE, REGINALD) |
| October 22, 2008 | 88 | BRIEF re 87 Affidavit, 86 MOTION for Partial Summary Judgment (Governmental Immunity) by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| October 22, 2008 | 87 | AFFIDAVIT of Darwin Laws re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(GILLESPIE, REGINALD) |
| October 22, 2008 | 86 | MOTION for Partial Summary Judgment (Governmental Immunity) by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 11/24/2008. (GILLESPIE, REGINALD) |
| October 17, 2008 | 85 | NOTICE of Change of Address by ERIC P. STEVENS. (STEVENS, ERIC) |
| October 17, 2008 | 84 | NOTICE of Change of Address by EDWIN M. SPEAS, JR. (SPEAS, EDWIN) |
| October 11, 2008 | 83 | RESPONSE in Opposition re 44 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 82 | RESPONSE in Opposition re 41 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 81 | RESPONSE in Opposition re 53 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 80 | RESPONSE in Opposition 51 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 79 | RESPONSE in Opposition re 59 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 78 | RESPONSE in Opposition re 55 MOTION to Dismiss, 57 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 77 | RESPONSE in Opposition re 61 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 76 | RESPONSE in Opposition re 47 MOTION to Dismiss by Duke SANE Defendants filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 75 | RESPONSE in Opposition re 45 MOTION to Dismiss by Duke University Defendants filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 74 | RESPONSE in Opposition re 49 MOTION to Dismiss by Duke Police Defendants filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 73 | MOTION to Strike 48 Memorandum, 47 MOTION to Dismiss by Duke SANE Defendants, 61 MOTION to Dismiss, 46 Memorandum, 50 Memorandum, 49 MOTION to Dismiss by Duke Police Defendants, 45 MOTION to Dismiss by Duke University Defendants OR EXCLUDE FROM CONSIDERATION ELEMENTS OF THE DEFENDANTS 12(b)(6) MOTIONS by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 11/3/2008. (Attachments: # 1 Supporting Brief)(EKSTRAND, ROBERT) |
| October 7, 2008 | 72 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 10/07/08, that Plaintiffs' Motion for Leave to File Plaintiffs' Opposition Briefs [Document # 71 ] is GRANTED, and Plaintiffs must re-file their Responses as separate documents on or before Friday, October 10, 2008. As a result of this determination, Plaintiffs' Motion for Extension of Time [Document # 66 ] is MOOT. FURTHER that the Consent Motion for Extension of Time to File Replies [Document # 69 ] is GRANTED, and the deadline for filing Reply Briefs for all Defendants is extended to November 26, 2008. Responses due by 10/10/2008. Replies due by 11/26/2008. (Law, Trina) |
| October 7, 2008 | | ***Motions Submitted: 71 MOTION for Leave to File Opposition Briefs, 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| October 6, 2008 | | ***Motions Submitted: 69 Consent MOTION for Extension of Time to File Response/Reply as to 38 Order on Joint Motion Rule 12 Briefing Schedule to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| October 6, 2008 | 71 | MOTION for Leave to File Opposition Briefs by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 10/29/2008. (Attachments: # 1 Brief in Support of Motion, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(EKSTRAND, ROBERT) |
| October 3, 2008 | 70 | RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Replies due by 10/23/2008. (GORELICK, JAMIE) |
| October 3, 2008 | 69 | Consent MOTION for Extension of Time to File Response/Reply as to 38 Order on Joint Motion, Rule 12 Briefing Schedule by PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. Responses due by 10/6/2008. (Attachments: # 1 Text of Proposed Order)(KERNER, PATRICIA) |
| October 2, 2008 | 68 | RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum filed by LINWOOD WILSON. Replies due by 10/20/2008. (WILSON, LINWOOD) |
| October 2, 2008 | 67 | RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum filed by THE CITY OF DURHAM, NORTH CAROLINA, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RICHARD D. CLAYTON. Replies due by 10/20/2008. (GILLESPIE, REGINALD) |
| October 1, 2008 | 66 | MOTION for Extension of Time to File Response to Rule 12 Motions by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 11/10/2008. (Attachments: # 1 Text of Proposed Order)(EKSTRAND, ROBERT) |
| September 10, 2008 | 65 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/10/08, that Defendant Linwood Wilson's Motion [Document # 63 ] 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. (Law, Trina) |
| September 3, 2008 | | ***Motions Submitted: 63 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 12, 2008 | 64 | NOTICE of Change of Address by JAMES DONALD COWAN, JR. (COWAN, JAMES) |
| July 29, 2008 | 63 | 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 2, 2008 | 62 | Defendant City of Durham, North Carolina's BRIEF re 61 MOTION to Dismiss Second Amended Complaint. (GILLESPIE, REGINALD) |
| July 2, 2008 | 61 | MOTION to Dismiss by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 9/30/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(GILLESPIE, REGINALD) |
| July 2, 2008 | 60 | MEMORANDUM re 59 MOTION to Dismiss filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) |
| July 2, 2008 | 59 | MOTION to Dismiss by DNA SECURITY, INC., RICHARD CLARK. Responses due by 7/25/2008. (KING, ROBERT) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 58 | MEMORANDUM re 57 MOTION to Dismiss filed by RONALD HODGE. (KERNER, PATRICIA) |
| July 2, 2008 | 57 | MOTION to Dismiss by RONALD HODGE. Responses due by 9/30/2008. (KERNER, PATRICIA) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 56 | MEMORANDUM re 55 MOTION to Dismiss filed by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. (KERNER, PATRICIA) |
| July 2, 2008 | 55 | MOTION to Dismiss by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. Responses due by 9/30/2008. (KERNER, PATRICIA) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 54 | MEMORANDUM re 53 MOTION to Dismiss filed by MARK D. GOTTLIEB. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(SPEAS, EDWIN) |
| July 2, 2008 | 53 | MOTION to Dismiss by MARK D. GOTTLIEB. Responses due by 7/25/2008. (SPEAS, EDWIN) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 52 | Defendant Benjamin W. Himan's BRIEF in Support of Motion to Dismiss. (Attachments: # 1 Exhibit 1)(CRAIG, JOEL) |
| July 2, 2008 | 51 | MOTION to Dismiss by BENJAMIN W. HIMAN. Responses due by 7/25/2008. (CRAIG, JOEL) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 50 | MEMORANDUM re 49 MOTION to Dismiss by Duke Police Defendants filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, DUKE UNIVERSITY POLICE DEPARTMENT, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (Attachments: # 1 Exhibit 1)(GORELICK, JAMIE) |
| July 2, 2008 | 49 | MOTION to Dismiss by Duke Police Defendants by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, DUKE UNIVERSITY POLICE DEPARTMENT, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Responses due by 9/30/2008. (GORELICK, JAMIE) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 48 | MEMORANDUM re 47 MOTION to Dismiss by Duke SANE Defendants filed by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(GORELICK, JAMIE) |
| July 2, 2008 | 47 | MOTION to Dismiss by Duke SANE Defendants by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. Responses due by 9/30/2008. (GORELICK, JAMIE) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 46 | MEMORANDUM re 45 MOTION to Dismiss by Duke University Defendants filed by ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, AARON GRAVES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(GORELICK, JAMIE) |
| July 2, 2008 | 45 | MOTION to Dismiss by Duke University Defendants by ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, AARON GRAVES. Responses due by 9/30/2008. (GORELICK, JAMIE) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 44 | MEMORANDUM of Law in Support of Motion to Dismiss and MOTION to Dismiss by LINWOOD WILSON. Responses due by 7/25/2008. (Law, Trina) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 43 | MEMORANDUM re 41 MOTION to Dismiss filed by JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON. (MAXWELL, JAMES) |
| July 2, 2008 | 42 | Joinder in BRIEF re 40 MOTION to Dismiss filed by BRIAN MEEHAN, PHD. (ROBERTS, JAMES) |
| July 2, 2008 | 41 | MOTION to Dismiss by JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON. Responses due by 7/25/2008. (MAXWELL, JAMES) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 40 | MOTION to Dismiss by BRIAN MEEHAN, PHD. Responses due by 9/30/2008. (ROBERTS, JAMES) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| May 1, 2008 | | Set Scheduling Order Deadline: Motions or Answers due by 7/2/2008. (Law, Trina) |
| April 30, 2008 | 38 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 04/30/08, granting 37 Joint Motion, that the Motion to reestablish deadlines in the Rule 12 briefing schedule entered on March 25, 2008, is GRANTED; The following briefing schedule shall apply to the Rule 12 Motions, Responses and Replies in this matter: Motions or Answers Due: July 2, 2008; Responses Due: no later than 90 days after the date all Defendants' Motions or Answers are filed; and Replies Due: no later than 30 days after the date Plaintiffs' Responses are filed. The Duke University Police Department and the individual Duke Police officers named as defendants in the Complaint shall be recognized as a separate Defendant-group (the "Duke Police Defendants") for purposes of the Rule 12 motion briefing and, along with the other Defendant-groups delineated in the Order dated March 25, 2008, shall have up to and including 50 pages to brief its motion to dismiss and up to and including 25 pages to brief its reply memorandum. The page limits otherwise established in the Court's ORDER entered on March 25, 2008 are retained and continue to apply to the Rule 12 briefing in this matter. (Law, Trina) |
| April 30, 2008 | | ***Motions Submitted: 37 JOINT MOTION to Reestablish Deadlines in the Rule 12 Briefing Schedule to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| April 25, 2008 | 37 | JOINT MOTION to Reestablish Deadlines in the Rule 12 Briefing Schedule by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, RYAN MCFADYEN, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, PATRICK BAKER, MATTHEW WILSON, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, BRECK ARCHER, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Responses due by 5/19/2008. (Attachments: # 1 Text of Proposed Order)(COWAN, JAMES) |
| April 23, 2008 | | ORDER granting 35 Motion for Extension of Time to Answer filed by LINWOOD WILSON. Answer must be filed no later than June 13, 2008. Signed by MAG/JUDGE WALLACE W. DIXON on 4/23/2008. (DIXON, WALLACE) |
| April 23, 2008 | | ***Motions Referred: 35 MOTION for Extension of Time to File Answer to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita) |
| April 22, 2008 | 36 | NOTICE of Appearance by attorney HENRY W. SAPPENFIELD on behalf of Defendant BENJAMIN W. HIMAN. (SAPPENFIELD, HENRY) |
| April 22, 2008 | 35 | MOTION for Extension of Time to File Answer by LINWOOD WILSON. (Law, Trina) |
| April 18, 2008 | 34 | Second AMENDED COMPLAINT against defendant WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER, filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: # 1 Exhibit Video of Brodhead- March 28, 2006, # 2 Exhibit 2003 Agreement, # 3 Exhibit Police Jurisdiction Allocation Agreement, # 4 Exhibit Audio of Duke Police Officer's Public Speech About Duke Police Department's Jurisdictional Reach, # 5 Exhibit 203 Watts Search Warrant, # 6 Exhibit Gottlieb's Email to PAC2 and Trinity Park Listservs About 203 Watts, # 7 Exhibit Deed, # 8 Exhibit Video of Nifong at Bar Hearing- "to make everybody leave that scene very quickly", # 9 Exhibit Audio of 2nd 911 Call from Kroger, # 10 Exhibit Audio of Dispatch Communications- "She's just passed out drunk", # 11 Exhibit Audio of Kroger Security Guard Angel Altmon- "Ain't no way", # 12 Exhibit Video of Nifong at Bar Hearing- "feel a sense of duty to come forward", # 13 Exhibit Addison's Flyer Distributed During Canvasses, # 14 Exhibit "Wanted" Poster Distributed at Vigil, # 15 Exhibit Video of "Potbanger Protest", # 16 Exhibit Video of Nifong on MSNBC Talking About DNA Evidence, # 17 Exhibit Video of Brodhead Talking About McFadyen on April 5, 2006, # 18 Exhibit Video of Defense Press Conference Announcing DNA Results on April 10, 2006, # 19 Exhibit Counsel's Demand Letter, # 20 Exhibit Video of Nifong Talking About DNA Results on April 10, 2006, # 21 Exhibit Video of Nifong on MSNBC Talking About the Medical Evidence, # 22 Exhibit Video of Nifong on CBS Talking About the Medical Evidence, # 23 Exhibit Video of NCCU Forum, # 24 Exhibit Motion and Order for Sealed Indictments, # 25 Exhibit Video of Nifong at Election Forum, # 26 Exhibit Video of Brodhead Talking About the Formation of the Ad Hoc Committee and Other Moves on April 5, 2006, # 27 Exhibit Poster Promoting Farred's Lecture, # 28 Exhibit Video of Nifong at Motion to Quash Hearing)(EKSTRAND, ROBERT) |
| April 17, 2008 | 33 | First AMENDED COMPLAINT against defendant WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER, filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER.(EKSTRAND, ROBERT) Modified on 4/18/2008 to replace missing pages. (McClain, Abby). |
| April 16, 2008 | 32 | Declaration of Proof of Service served on Linwood Wilson on April 3, 2008, filed by RYAN MCFADYEN. (Attachments: # 1 Exhibit - Return of Service)(EKSTRAND, ROBERT) |
| April 15, 2008 | 31 | NOTICE of Appearance by attorney THOMAS CARLTON YOUNGER, III on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (YOUNGER, THOMAS) |
| April 15, 2008 | 30 | NOTICE of Appearance by attorney SHIRLEY MARING PRUITT on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (PRUITT, SHIRLEY) |
| March 25, 2008 | | Set Deadlines: Dispositive Motions due by 4/25/2008. Responses due by 7/25/2008. Replies due by 8/25/2008. (Law, Trina) |
| March 25, 2008 | | Set Deadline: Answer due by 4/25/2008. (Law, Trina) |
| March 25, 2008 | 29 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 03/25/08, granting 23 Motion to Exceed Page Limit, that the Joint Motion is GRANTED to the extent set out herein; Each of the Defendants or Defendant-groups enumerated below, as defined in the Joint Motion, shall have up to and including 50 pages to brief their respective motions to dismiss ("Motions"), and up to and including 25 pages to brief their respective reply memoranda ("Replies"): Duke University Defendants; Duke SANE Defendants; The City of Durham, NC; Durham Police Supervising Defendants; Durham Police Defendants; Edward Sarvis; Ronald Hodge; Mark Gottlieb; Benjamin W. Himan; DNA Security, Inc. and Richard Clark; and Brian Meehan. Defendants or Defendant-groups may elect to file their Motions or Replies jointly, but may not aggregate the page limits applicable to their respective Motions and Replies. Plaintiffs may file a response brief ("Response") in response to each Motion that is filed, and shall have up to and including 50 pages to brief each Response. Plaintiffs may elect to address multiple Motions in a given Response, but may not aggregate the page limits applicable to Responses. The following briefing schedule shall apply to the Motions, Responses and Replies in this matter: Motions/Answers due: April 25, 2008; Responses due: 90 days after filing of Motions; and Replies due: 30 days after filing of Responses. (Law, Trina) |
| March 19, 2008 | | ***Motions Submitted: 23 Joint MOTION to Exceed Page Limit and to Establish a Rule 12 Briefing Schedule to CHIEF JUDGE JAMES A. BEATY, JR- (Winchester, Robin) |
| March 11, 2008 | 28 | NOTICE by RYAN MCFADYEN of Filing of Waiver of Service of Summons (Attachments: # 1 Exhibit Waiver of Service of Summons)(EKSTRAND, ROBERT) |
| March 11, 2008 | 27 | NOTICE of Appearance by attorney HANNAH GRAY STYRON on behalf of Defendants PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS (STYRON, HANNAH) |
| March 11, 2008 | 26 | NOTICE of Appearance by attorney D. MARTIN WARF on behalf of Defendants PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS (WARF, D.) |
| March 6, 2008 | 25 | NOTICE of Appearance by attorney JENNIFER M. O'CONNOR on behalf of Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER (O'CONNOR, JENNIFER) |
| March 4, 2008 | 24 | NOTICE of Appearance by attorney PATRICIA P. KERNER on behalf of Defendants PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS (KERNER, PATRICIA) |
| March 3, 2008 | 23 | Joint MOTION to Exceed Page Limit and to Establish a Rule 12 Briefing Schedule by RYAN MCFADYEN. Responses due by 3/26/2008. (Attachments: # 1 Text of Proposed Order)(EKSTRAND, ROBERT) |
| February 29, 2008 | 22 | NOTICE of Appearance by attorney JENNIFER M. O'CONNOR on behalf of Defendant DUKE UNIVERSITY. (O'CONNOR, JENNIFER) |
| February 29, 2008 | 21 | NOTICE of Appearance by attorney PAUL R.Q. WOLFSON on behalf of Defendant DUKE UNIVERSITY. (WOLFSON, PAUL) |
| February 29, 2008 | 20 | NOTICE of Appearance by attorney JAMIE S. GORELICK on behalf of Defendant DUKE UNIVERSITY. (GORELICK, JAMIE) |
| February 29, 2008 | 19 | NOTICE of Appearance by attorney WILLIAM F. LEE on behalf of Defendant DUKE UNIVERSITY. (LEE, WILLIAM) |
| February 27, 2008 | 18 | NOTICE of Appearance by attorney KEARNS DAVIS on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK. (DAVIS, KEARNS) |
| February 26, 2008 | 17 | NOTICE by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. of Appearance as to Shirley M. Pruitt. (MCLAMB, DAN) |
| February 26, 2008 | 16 | NOTICE of Appearance by attorney DAN JOHNSON MCLAMB on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (MCLAMB, DAN) |
| February 26, 2008 | 15 | NOTICE of Appearance by attorney ROBERT JAMES KING, III on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (KING, ROBERT) |
| February 22, 2008 | | Set Deadline: Answer due by 4/14/2008 as to RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Law, Trina) Modified on 3/13/2008 to edit text (Law, Trina). |
| February 22, 2008 | 14 | NOTICE of Filing of Waivers of Service of Summons by RYAN MCFADYEN , MATTHEW WILSON, and BRECK ARCHER (Attachments: # 1 Exhibit, # 2 Exhibit)(EKSTRAND, ROBERT) Modified on 2/25/2008 to edit document title within docket entry (Law, Trina). |
| February 14, 2008 | 13 | NOTICE of Appearance by attorney REGINALD B. GILLESPIE, JR on behalf of Defendants THE CITY OF DURHAM, NORTH CAROLINA, EDWARD SARVIS (GILLESPIE, REGINALD) |
| February 14, 2008 | 12 | NOTICE of Appearance by attorney ERIC P. STEVENS on behalf of Defendant MARK D. GOTTLIEB (STEVENS, ERIC) |
| February 14, 2008 | 11 | NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK D. GOTTLIEB (SPEAS, EDWIN) |
| February 6, 2008 | | NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) as to DIXIE WELLS re 10 Notice of Special Appearance. Out of state counsel filed electronic signature. Please refile document with original signature as to Jamie Gorelick. (Law, Trina) |
| February 4, 2008 | 10 | NOTICE by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER of Special Appearance of Jamie Gorelick. (WELLS, DIXIE) |
| February 4, 2008 | 9 | NOTICE of Appearance by attorney DIXIE THOMAS WELLS on behalf of Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (WELLS, DIXIE) |
| February 4, 2008 | 8 | NOTICE of Appearance by attorney JAMES DONALD COWAN, JR on behalf of Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (COWAN, JAMES) |
| January 16, 2008 | 7 | NOTICE of Appearance by attorney JOEL MILLER CRAIG on behalf of Defendant BENJAMIN W. HIMAN (CRAIG, JOEL) |
| January 9, 2008 | | Case Reassigned to CHIEF JUDGE JAMES A. BEATY, JR. and MAG/JUDGE WALLACE W. DIXON. UNASSIGNED, MAG/JUDGE RUSSELL A. ELIASON no longer assigned to the case. (Powell, Gloria) |
| January 9, 2008 | | Case no longer referred to Standing Order 30 (Powell, Gloria) |
| January 9, 2008 | 6 | NOTICE of Appearance by attorney JAMES B. MAXWELL on behalf of Defendants JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON (MAXWELL, JAMES) |
| December 18, 2007 | | CASE REFERRED to Standing Order 30 (McClain, Abby) |
| December 18, 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) |
| December 18, 2007 | 5 | Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) |
| December 18, 2007 | 4 | Summons Issued as to WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PETER LANGE, TALLMAN TRASK, III, JOHN BURNESS, LARRY MONETA, DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BEN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (Attachments: # 1 Additional summons)(McClain, Abby) |
| December 18, 2007 | 3 | Additional Attachments to Main Document re 1 Complaint (EKSTRAND, ROBERT) |
| December 18, 2007 | 2 | Additional Attachments to Main Document re 1 Complaint (EKSTRAND, ROBERT) |
| December 18, 2007 | 1 | COMPLAINT against all defendants, filed by RYAN MCFADYEN. $350.00 Filing Fee (EKSTRAND, ROBERT) Modified on 12/18/2007 to correct case number on complaint. (McClain, Abby). |
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