GORHAM et al v. AMUSEMENTS OF ROCHESTER, INC. et al
Plaintiff: KISHA GORHAM, ANTHONY GORHAM, JR., SHYKEMA DEMPSEY and J. H.
Defendant: AMUSEMENTS OF ROCHESTER, INC. doing business as POWERS GREAT AMERICAN MIDWAYS, FAMILY ATTRACTIONS AMUSEMENT, L.L.C., JOSHUA GENE MACARONI and TIMOTHY DWAYNE TUTTERROW
Petitioner: WILLIE E. GARY
Cross Claimant: AMUSEMENTS OF ROCHESTER, INC.
Case Number: 1:2014cv00386
Filed: May 9, 2014
Court: US District Court for the Middle District of North Carolina
Office: NCMD Office
County: Durham
Presiding Judge: L PATRICK AULD
Referring Judge: CATHERINE C EAGLES
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 18, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 18, 2017 Opinion or Order Clerk's Disbursement of Funds in the amount of $755827.18 Paid to Justin Hunter. (LaManna, Sue)
July 11, 2017 Opinion or Order Filing 112 ORDER signed by JUDGE CATHERINE C. EAGLES on 7/11/2017, that the Clerk of Court's Office shall disburse, as soon as possible hereafter, all settlement proceeds received and held for the benefit of the plaintiff J.H., File No. 14-CV-386, totaling Seven Hundred Fifty-Five Thousand Eight Hundred Twenty-Seven Dollars and Eighteen Cents ($755,827.18), and made payable as follows: Justen Hunter, 1441 White Opal Drive,Knightdale, North Carolina 27545. (Butler, Carol)
June 22, 2017 Opinion or Order Filing 111 MOTION for Disbursement of Funds by J. H.. (Attachments: #1 Text of Proposed Order)(JONES, MICHAEL)
June 22, 2017 Opinion or Order Motions Submitted: #111 MOTION for Disbursement of Funds to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 7, 2016 Opinion or Order Clerk's Disbursement of Funds in the amount of $3,146,634.99 paid to KISHA GORHAM, GUARDIAN. Check Number 253459 pursuant to #110 Order on Motion for Disbursement of Funds will be mailed 1/7/16 to KISHA GORHAM, GUARDIAN; F/B/O ANTHONY GORHAM, JR.; 1441 WHITE OPAL DRIVE, KNIGHTDALE, NC 27545 (Crumley, Billy)
December 29, 2015 Opinion or Order Filing 110 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/29/2015, that the Clerk of Court's office shall disburse, as soon as possible hereafter, all settlement proceeds received and held for the benefit of Anthony Gorham, Jr., an incompetent adult, File No. 14-CV-386, totaling Three Million One Hundred Forty-Six Thousand Six Hundred Thirty-Four Dollars and Ninety-Nine Cents ($3,146,634.99), made payable as follows: Kisha Gorham, Guardian, f/b/o Anthony Gorham, Jr., 1441 White Opal Drive, Knightdale, North Carolina 27545. Kisha Gorham may spend and disburse these funds for the benefit of Anthony Gorham and under the supervision of the Clerk of Court, Durham County Superior Court. re #109 Motion for Disbursement of Funds. (Taylor, Abby)
December 23, 2015 Opinion or Order Filing 109 MOTION for Disbursement of Funds by KISHA GORHAM. (Attachments: #1 Exhibit Durham County Order, #2 Exhibit Surety Bond, #3 Exhibit Prior Court Deposits)(JONES, MICHAEL)
December 23, 2015 Opinion or Order Motions Submitted: #109 MOTION for Disbursement of Funds to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
November 9, 2015 Opinion or Order Filing 108 ORDER APPROVING MOTION TO PAY ADDITIONAL EXPENSES signed by JUDGE CATHERINE C. EAGLES on 11/09/2015; that the Court approves the payment of the additional costs as set out in the Addendum, (Doc. #107 -1), submitted to the Court. (Garland, Leah)
November 5, 2015 Opinion or Order Receipt of Funds re: #107 SEALED Document. Receipt number: NCM031515. (Garland, Leah)
November 5, 2015 Opinion or Order Receipt of Funds re: #107 SEALED Document. Receipt number: NCM031514. (Garland, Leah)
November 3, 2015 Opinion or Order Motions Submitted: #106 MOTION to Approve Additional Expenses of Counsel and Notice of Deposit of Funds into Court EX PARTE MOTION to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
November 2, 2015 Opinion or Order Filing 107 SEALED DOCUMENT re #103 Order and Judgment, Motion to Pay Additional Expenses and Notice of Deposit of Funds Into Court for the Benefit of Anthony Gorham, Jr. by Plaintiff KISHA GORHAM. (Attachments: #1 Exhibit "A", #2 Text of Proposed Order)(SWIFT, VICTOR) Modified on 11/4/2015 to remove duplicate punctuation and text. (Garland, Leah)
November 2, 2015 Opinion or Order Filing 106 MOTION to Approve Additional Expenses of Counsel and Notice of Deposit of Funds into Court ( Responses due by 11/27/2015), by ANTHONY GORHAM, JR, KISHA GORHAM. (Attachments: #1 Redacted Exhibit, #2 Text of Proposed Order)(SWIFT, VICTOR) Modified on 11/4/2015 to remove duplicate text. (Garland, Leah)
September 14, 2015 Opinion or Order Receipt of Funds re: #103 Order and Judgment. Receipt number: NCM030918. (Garland, Leah)
September 14, 2015 Opinion or Order Receipt of Funds re: #102 Order and Judgment. Receipt number: NCM030917. (Garland, Leah)
August 26, 2015 Opinion or Order Filing 105 NOTICE of Voluntary Dismissal as to party(s) AMUSEMENTS OF ROCHESTER, INC., filed by Plaintiffs SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. (SWIFT, VICTOR)
August 21, 2015 Opinion or Order Filing 104 NOTICE of Voluntary Dismissal as to party(s) TIMOTHY DWAYNE TUTTERROW, FAMILY ATTRACTIONS AMUSEMENT, L.L.C. and JOSHUA GENE MACARONI, filed by Plaintiffs ANTHONY GORHAM, JR, KISHA GORHAM, J. H. (SWIFT, VICTOR)
August 6, 2015 Opinion or Order Filing 103 ORDER AND JUDGMENT APPROVING SETTLEMENT FOR ANTHONY GROHAM, JR. signed by JUDGE CATHERINE C. EAGLES on 08/06/2015; that the motion, (Doc. #81 ), is GRANTED as follows: 1. The settlement between plaintiff Kisha Gorham, as guardian for and on behalf of Anthony Gorham, Jr., and defendant Amusements of Rochester, Inc., d/b/a Powers Great American Midways, is approved. 2. This Judgment shall be and is in full, final, and complete settlement of any and all claims that have arisen or may hereinafter arise on the part of Mr. Gorham against defendant Amusements of Rochester, Inc., d/b/a Powers Great American Midways. 3. Kisha Gorham is authorized to and shall pay the costs, expenses, and attorneys' fees set out in the Closing Statement on file at Doc. #100 -1 from settlement funds. 4. The balance of the settlement proceeds as reflected in the Closing Statement at Doc. #100 -1 shall be paid to the Clerk of Court within 21 days of receipt. The Clerk shall hold the money for the benefit of Mr. Gorham, pending further Court order. 5. Ms. Gorham shall expeditiously move to increase the bond in the state guardianship case, (see Doc. #69 -8 at 4; see also Doc. #78 at 28), so that the settlement funds can be transferred to her in her capacity as guardian for and on behalf of Mr. Gorham. 6. To the extent Ms. Gorham and plaintiff's counsel seek to pay other bills or expenses from the funds held in trust by counsel referenced in paragraph (f) of Doc. #100 -1, court approval shall be sought by way of motion before payment. Any funds that have not been spent to pay approved bills and expenses shall be deposited with the Clerk no later than November 20, 2015. (Garland, Leah)
August 6, 2015 Opinion or Order Filing 102 ORDER AND JUDGMENT APPROVING SETTLEMENT FOR MINOR PLAINTIFF J.H. signed by JUDGE CATHERINE C. EAGLES on 08/06/2015; that the motion, (Doc. #80 ), is GRANTED as follows: 1. The settlement between plaintiff Kisha Gorham, as guardian ad litem for and on behalf of J.H., and defendant Amusements of Rochester, Inc., d/b/a Powers Great American Midways, is approved. 2. This Judgment shall be and is in full, final, and complete settlement of any and all claims that have arisen or may hereinafter arise on the part of J.H. against defendant Amusements of Rochester, Inc., d/b/a Powers Great American Midways. 3. Kisha Gorham is authorized to and shall pay the costs, expenses, and attorneys' fees set out in the Closing Statement on file at Doc. #100 -2 from settlement funds. 4. The balance of the settlement proceeds as reflected in the Closing Statement at Doc. #100 -2 shall be paid to the Clerk of Court within 21 days of receipt. The Clerk shall hold the money for the benefit of J.H. pending his eighteenth birthday, subject to further Court order. (Garland, Leah) (Main Document 102 replaced on 8/6/2015 with corrected PDF) (Garland, Leah)
August 6, 2015 Opinion or Order Filing 101 SUPLEMENTAL BRIEF. (Garland, Leah)
August 6, 2015 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Attorneys Victor Swift and Michael Jones present, Attorney Willie Gary (via telephone) as counsel for plaintiffs and Attorney Rodney Pettey present as counsel for defendants. Motion Hearing held on 8/6/2015 re #81 MOTION to Approve Settlement for Anthony Gorham, an Incapacitated Adult, with Amusements of Rochester, Inc. d/b/a Powers Great American Midways filed by KISHA GORHAM, #80 MOTION to Approve Settlement for J.H.a Minor with Amusements of Rochester, Inc. d/b/a Powers Great American Midways filed by KISHA GORHAM. Court GRANTS motions. Court directs letter from defense counsel to be filed as Supplement Brief. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
August 5, 2015 Opinion or Order Filing 100 SEALED DOCUMENT re #95 SEALED Attachments to Main Document,, NOTICE OF FILING CORRECTED REVISED 2ND CLOSING STATEMENTS UNDER SEAL by Defendant AMUSEMENTS OF ROCHESTER, INC., Plaintiff KISHA GORHAM. (Attachments: #1 Exhibit A, Closing Statement A. Gorham, #2 Exhibit B, Closing Statement J.H.)(SWIFT, VICTOR)
August 5, 2015 Opinion or Order Filing 99 NOTICE by KISHA GORHAM re #96 Notice (Other),, #95 SEALED Attachments to Main Document,, OF FILING REDACTED CORRECTED REVISED 2ND CLOSING STATEMENTS. (Attachments: #1 Exhibit A - Redacted Closing Statement A. Gorham, #2 Exhibit B - Redacted Closing Statement J.H.)(SWIFT, VICTOR)
August 5, 2015 Opinion or Order Motions Submitted: #80 MOTION to Approve Settlement for J.H.a Minor with Amusements of Rochester, Inc. d/b/a Powers Great American Midways, #81 MOTION to Approve Settlement for Anthony Gorham, an Incapacitated Adult, with Amusements of Rochester, Inc. d/b/a Powers Great American Midways to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
August 4, 2015 Opinion or Order Filing 98 ORDER ALLOWING ATTENDANCE VIA TELEPHONE signed by JUDGE CATHERINE C. EAGLES on 08/04/2015; that Willie E. Gary, Esq. may appear at the hearing scheduled before this Court on August 6, 2015 at 2:00 pm via telephone. (Garland, Leah)
August 4, 2015 Opinion or Order Motions Submitted: #97 Emergency MOTION for Leave for Attorney Willie Gary to Appear Via Telephone At Hearing on August 6, 2015 to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
August 3, 2015 Opinion or Order Filing 97 Emergency MOTION for Leave for Attorney Willie Gary to Appear Via Telephone At Hearing on August 6, 2015 by KISHA GORHAM. (SWIFT, VICTOR)
July 30, 2015 Opinion or Order Filing 96 NOTICE by KISHA GORHAM re #81 MOTION to Approve Settlement for Anthony Gorham, an Incapacitated Adult, with Amusements of Rochester, Inc. d/b/a Powers Great American Midways, #80 MOTION to Approve Settlement for J.H.a Minor with Amusements of Rochester, Inc. d/b/a Powers Great American Midways OF FILING SUPPLEMENTAL REDACTED DOCUMENT (Attachments: #1 Exhibit A, Redacted Closing Statement AG, #2 Exhibit B, Redacted Closing Statement JH, #3 Exhibit C, Supplemental Affidavit WEG, #4 Exhibit D, Supplemental Affidavit DW)(SWIFT, VICTOR)
July 30, 2015 Opinion or Order Filing 95 SEALED Attachments to Main Document to #81 MOTION to Approve Settlement for Anthony Gorham, an Incapacitated Adult, with Amusements of Rochester, Inc. d/b/a Powers Great American Midways, #80 MOTION to Approve Settlement for J.H.a Minor with Amusements of Rochester, Inc. d/b/a Powers Great American Midways Notice of filing Supplemental Documents Under Seal. (Attachments: #1 Exhibit A, Closing Statement AG, #2 Exhibit B, Closing Statement JH, #3 Exhibit C, Supplemental Affidavit WEG, #4 Exhibit D, Supplemental Affidavit DW)(SWIFT, VICTOR)
July 28, 2015 Opinion or Order TEXT ORDER. The Court has begun its preliminary review of recent submissions. The Court's rulings as to reasonable attorneys' fees for the settlements with Family Attractions Amusement LLC, Joshua Macaroni, and Timothy Tutterrow were not meant to and did not decide an appropriate percentage or amount for attorneys' fees arising from any settlement with Amusements of Rochester. If plaintiffs' counsel want to revise their request for attorneys' fees in connection with the Amusements of Rochester settlement, such request shall be made no later than Friday, July 31. Signed by JUDGE CATHERINE C. EAGLES on July 28, 2015. (EAGLES, CATHERINE)
July 24, 2015 Opinion or Order Filing 93 SEALED Attachments to Main Document to #81 MOTION to Approve Settlement for Anthony Gorham, an Incapacitated Adult, with Amusements of Rochester, Inc. d/b/a Powers Great American Midways, #80 MOTION to Approve Settlement for J.H.a Minor with Amusements of Rochester, Inc. d/b/a Powers Great American Midways NOTICE OF FILING DOCUMENTS UNDER SEAL. (Attachments: #1 Exhibit Exhibit A Settlement Agreement, #2 Exhibit Exhibit B Closing Statement JH, #3 Exhibit Exhibit C Closing Statement, #4 Exhibit Exhibit D Affidavit WG, #5 Exhibit Exhibit E Affidavit DW, #6 Exhibit Exhibit F Affidavit VS, #7 Exhibit Exhibit G Affidavit CG, #8 Exhibit Exhibit H Affidavit MJ, #9 Exhibit Exhibit I Affidavit TC, #10 Exhibit Exhibit J Affidavit JO, #11 Exhibit Exhibit K contigency fee JH, #12 Exhibit Exhibit L contingency Fee AG, #13 Exhibit Exhibit M paid costs expenses JH, #14 Exhibit Exhibit N unpaid costs expenses JH, #15 Exhibit Exhibit O paid costs expenses AG, #16 Exhibit Exhibit P unpaid costs expenses AG)(SWIFT, VICTOR)
July 24, 2015 Opinion or Order Filing 91 NOTICE by KISHA GORHAM re #81 MOTION to Approve Settlement for Anthony Gorham, an Incapacitated Adult, with Amusements of Rochester, Inc. d/b/a Powers Great American Midways, #80 MOTION to Approve Settlement for J.H.a Minor with Amusements of Rochester, Inc. d/b/a Powers Great American Midways OF FILING REDACTED DOCUMENTS (Attachments: #1 Exhibit Exhibit A. Redacted Settlement.Agreement, #2 Exhibit Exhibit B. Redacted Closing Statement,.AG, #3 Exhibit Exhibit C. Redacted.Closing.Statement. JH, #4 Exhibit Exhibit D. Affidavit WG, #5 Exhibit Exhibit E. Affidavit DW, #6 Exhibit Exhibit F. Affidavit. VS, #7 Exhibit Exhibit G. Affidavit GC, #8 Exhibit Exhibit H. Affidavit MJ, #9 Exhibit Exhibit I Affidavit TC, #10 Exhibit Exhibit J. Affidavit JO, #11 Exhibit Exhibit K. Redacted Fee Agreement.J.H., #12 Exhibit Exhibit L Fee.Agreement.AG., #13 Exhibit Exhibit M Redcated Paid costs.expense. J.J., #14 Exhibit Exhibit N Redcated Unpaid.costs.expense. J.H, #15 Exhibit Exhibit O Redacted paid costs AG, #16 Exhibit Exhibit P Redacted unpaid costs AG)(SWIFT, VICTOR)
July 23, 2015 Opinion or Order Filing 88 SEALED Closing Statement by Plaintiff J.H. (Garland, Leah)
July 23, 2015 Opinion or Order Filing 87 SEALED Closing Statement by Plaintiff Anthony Gorham. (Garland, Leah)
July 23, 2015 Opinion or Order Receipt of Funds by Plaintiff J.H. Receipt number: NCM030301. (Garland, Leah)
July 23, 2015 Opinion or Order Receipt of Funds by Plaintiff Anthony Gorham. Receipt number: NCM030300. (Garland, Leah)
July 16, 2015 Opinion or Order Filing 86 ORDER signed by JUDGE CATHERINE C. EAGLES on 07/16/2015; For the reasons previously explained, (see Doc. #78 ), and as supplemented herein, it is ORDERED that plaintiffs' counsel's motion, (Doc. #79 ), is DENIED. It is further ORDERED that within five business days of the date of this Order, plaintiffs' counsel shall submit the revised Closing Statements required by the Court's May 22, 2015, Order, (see Doc. #78 at 30), and shall deposit the settlement proceeds with the Clerk. (Garland, Leah)
June 19, 2015 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 6/19/15: The motions to approve settlements, (Docs. 80, 81), are set for hearing on August 6. (See Doc. 85.) The Court wishes to rule on the motions at the hearing, if at all possible. To that end, the parties shall file any materials in support of the motions no later than close of business July 24. These materials shall include closing statements similar in form to those filed in connection with previous settlements, as well as affidavits and documentary support for any expenses, fees, attorneys' fees, costs, or other bills or liens plaintiffs propose to pay or satisfy out of settlement proceeds. The Court does not anticipate holding the record open for additional evidence after the hearing. A brief in support would be helpful, though it is not required, and plaintiffs' counsel is specifically invited to submit a brief in connection with any request for attorneys' fees. For reasons previously stated, the parties may file under seal, without additional permission, information similar to that which the Court previously allowed the parties to file under seal, such as documents or parts of documents or briefs related to settlement amounts, the identity of the minor, the nature and extent of injuries and medical bills, and other items. (See Docs. 74, 75.)(Sanders, Marlene)
June 12, 2015 Opinion or Order Filing 85 NOTICE of Hearing: Motion Hearing set for 8/6/2015 at 2:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
June 11, 2015 Opinion or Order Filing 84 ORDER signed by JUDGE CATHERINE C. EAGLES on 06/11/2015; the Court GRANTS the Motion and extends the time to file a Stipulation of Dismissal until twenty days after pending motions are resolved. (Garland, Leah)
June 11, 2015 Opinion or Order Motions Submitted: #83 MOTION for Extension of Time to File Stipulation of Dismissal to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
June 5, 2015 Opinion or Order Filing 83 MOTION for Extension of Time to File Stipulation of Dismissal by KISHA GORHAM. (SWIFT, VICTOR)
June 4, 2015 Opinion or Order TEXT ORDER granting #82 Motion to Withdraw. Attorney LANESHA L. SIMS is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 06/04/2015. (AULD, L.)
June 3, 2015 Opinion or Order Filing 82 MOTION to Withdraw as Attorney LANESHA L. SIMS by on behalf of KISHA GORHAM. (Attachments: #1 Text of Proposed Order)(SIMS, LANESHA)
June 3, 2015 Opinion or Order Filing 81 MOTION to Approve Settlement for Anthony Gorham, an Incapacitated Adult, with Amusements of Rochester, Inc. d/b/a Powers Great American Midways by KISHA GORHAM. Responses due by 6/29/2015 (Attachments: #1 Exhibit "A" - Redacted Order On Petition of Adjudication)(WATSON, DONALD)
June 3, 2015 Opinion or Order Filing 80 MOTION to Approve Settlement for J.H.a Minor with Amusements of Rochester, Inc. d/b/a Powers Great American Midways by KISHA GORHAM. Responses due by 6/29/2015 (Attachments: #1 Exhibit A - Redacted.Order.Appointing.Guardian)(WATSON, DONALD)
June 3, 2015 Opinion or Order Motions Referred: RE: #82 MOTION to Withdraw as Attorney LANESHA L. SIMS , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene)
June 2, 2015 Opinion or Order Filing 79 MOTION to Alter Judgment ( Responses due by 6/26/2015), MOTION to Amend Judgment by Willie E. Gary. (SWIFT, VICTOR)
May 22, 2015 Opinion or Order Filing 78 REDACTED PUBLIC MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 05/22/2015; that the pending motions to dismiss, (Docs. #22 , #24 , #29 ), are DENIED as moot, the joint motions to approve the settlements, (Docs. #46 , #47 ), are GRANTED, and the settlements of J.H.'s and Mr. Gorham's claims are approved pursuant to the following terms: 1. The total amount of each plaintiff's settlement is approved as fair and reasonable. 2. The proposed structured settlements are approved. 3. Plaintiffs' counsel shall pay the expenses set forth in the Closing Statements at Doc. #50 and Doc. #50 -1, with the exception of the lien in Doc. #50 listed as being held by The Rawlings Co, from settlement proceeds in the amounts requested. 4. Plaintiffs' counsel may continue to hold in trust the amounts requested in the Closing Statements to be used for litigation expenses in connection with J.H.'s and Mr. Gorham's claims against the remaining defendant, subject to court order and oversight. 5. Plaintiffs' counsel may pay to themselves 10% of the total settlement amount obtained for J.H. as an appropriate attorneys' fee. 6. After payment of the approved expenses and the approved attorneys' fee, and after withholding the approved amount for payment of future litigation expenses, the remaining amount of J.H.'s settlement shall be paid into the Clerk of Court to be held for J.H. pending his eighteenth birthday, subject to further court orders should the guardian ad litem present an appropriate additional structured settlement. 7. Plaintiffs' counsel may pay to themselves 25% of the total settlement amount obtained for Mr. Gorham as an appropriate attorneys' fee. 8. After payment of the expenses, satisfaction of the lien as stated herein, and payment of the approved attorneys' fee, and after withholding the approved amount for payment of future litigation expenses, the remaining amount of Mr. Gorham's settlement shall be paid into the Clerk of Court to be held pending submission of a copy of an appropriate bond on file with the Durham County Clerk of Court and further order of the Court. 9. Plaintiffs' counsel shall prepare revised Closing Statements reflecting these rulings and shall submit them under seal at the time the settlement proceeds are paid into the Clerk's office. 10. These revised Closing Statements will be sealed for the same reasons set forth in the Court's Order sealing the initial Closing Statements. (See Docs. #74 , #75 .) (Garland, Leah)
May 22, 2015 Opinion or Order Filing 77 SEALED UNREDACTED MEMORANDUM OPINION AND ORDER. Signed by JUDGE CATHERINE C. EAGLES on 05/22/2015. (Garland, Leah)
May 13, 2015 Opinion or Order Filing 76 SEALED DOCUMENT as to Defendants AMUSEMENTS OF ROCHESTER, INC., FAMILY ATTRACTIONS AMUSEMENT, L.L.C., JOSHUA GENE MACARONI, TIMOTHY DWAYNE TUTTERROW, Plaintiffs SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. (Garland, Leah)
May 13, 2015 Opinion or Order Filing 75 REDACTED PUBLIC ORDER signed by JUDGE CATHERINE C. EAGLES on 05/13/2015; that: 1. The joint motion to seal, (Doc. #49 ), is GRANTED, and the Closing Statements and settlement agreements, (Docs. #50 , #50 -1), shall remain under SEAL. 2. The plaintiffs' motion for leave to file in camera supplementary submissions, (Doc. #58 ), is DENIED as moot, given the plaintiffs' motion to seal at CM-ECF Docket #72 . 3. The plaintiffs' motion to seal, (Doc. #72 ), is GRANTED, and all documents filed at CM-ECF Docket #67 shall remain under seal pending further order of the Court and shall not be disclosed to defense counsel. 4. The Clerk shall file the Confidential Mediated Settlement Agreement under seal at CM-ECF Docket #76 . 5. The Clerk shall file a redacted copy of this Order on the public docket and the unredacted Order under seal. (Garland, Leah)
May 13, 2015 Opinion or Order Filing 74 SEALED UNREDACTED ORDER. Signed by JUDGE CATHERINE C. EAGLES on 05/13/2015. (Garland, Leah)
May 8, 2015 Opinion or Order Case Reported Settled at Mediation (Gammon, Cheryl)
May 8, 2015 Opinion or Order Case Reported Settled - Stipulation of Dismissal due by 6/8/2015. (Gammon, Cheryl)
May 5, 2015 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference held on 5/5/2015 re: #49 . Attorneys Willie Gary, Laneesha Sims and Michael Jones present for plaintiffs and Attorneys David Fothergill, Allison Cohan, Brady Yntema and Tracy Eggleston present as counsel for defendants. Written order forthcoming. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
May 4, 2015 Opinion or Order Filing 73 NOTICE of Hearing: Master Trial Calendar: Jury Trial set for 7/11/2016 at 9:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. (Sanders, Marlene)
April 23, 2015 Opinion or Order Electronic Notice to counsel of record on 4/23/2015 scheduling telephone conference 5/5/15 at 1:30 p.m. (Sanders, Marlene)
April 23, 2015 Opinion or Order Set Telephone Conference for 5/5/2015 at 1:30 PM with JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
April 20, 2015 Opinion or Order Filing 72 MOTION to Seal and Supporting Brief by SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H.. (SIMS, LANESHA)
April 20, 2015 Opinion or Order Filing 71 ORDER signed by JUDGE CATHERINE C. EAGLES on 04/20/2015; that the Motion for Extension of Time is GRANTED and the plaintiffs shall have until April 20, 2015 to file their motion to seal. (Garland, Leah)
April 17, 2015 Opinion or Order Motions Submitted: #70 MOTION for Extension of Time to File Motion to Seal to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
April 16, 2015 Opinion or Order Filing 70 MOTION for Extension of Time to File Motion to Seal by SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H.. (Attachments: #1 Text of Proposed Order)(SIMS, LANESHA)
April 16, 2015 Opinion or Order Filing 69 NOTICE by SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. re #66 Order,,, Notice of Filing Redacted Copies (Attachments: #1 Exhibit Supplement to Consent Motion to Seal, #2 Exhibit Gary Affidavit, #3 Exhibit Watson Affidavit, #4 Exhibit Gorham Affidavit, #5 Exhibit Comerford Affidavit, #6 Exhibit Pishko Affidavit, #7 Exhibit Mahoney Affidavit, #8 Exhibit Gorham Guardianship, #9 Exhibit Order Appointing G.A.L., #10 Exhibit WC Consulting, #11 Exhibit Medical Summary for J.H., #12 Exhibit Medical Report for J.H., #13 Exhibit Medical Summary for A.G., #14 Exhibit Summary of A.G. Medicals, #15 Exhibit Mediation Video)(SIMS, LANESHA)
April 13, 2015 Opinion or Order Filing 68 NOTICE by SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. re #66 Order,,, Notice Regarding Closing Statements (SIMS, LANESHA)
March 26, 2015 Opinion or Order Filing 67 SEALED UNREDACTED DOCUMENTS filed by Plaintiffs SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. re #59 Notice of Manual Filing. Filed under seal per #66 Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Brief of Authority)(Taylor, Abby)
March 26, 2015 Opinion or Order Filing 66 ORDER signed by JUDGE CATHERINE C. EAGLES on 03/26/2015. This matter is before the Court on the parties' joint motion to seal certain settlement documents, (Doc. #49 ), and the plaintiffs' motion for in camera review of additional settlement materials. (Doc. #58 .) The Court requires additional assistance from counsel in order to make an appropriate decision on these motions. The plaintiffs' motion for in camera review, (Doc. #58 ), is GRANTED to the extent stated herein and otherwise is held open for the supplemental briefing required by the Order. If any party wishes to keep the information in the Closing Statements or the information submitted in camera off the public docket, they shall comply with the terms of this Order. (Taylor, Abby)
March 19, 2015 Opinion or Order Filing 65 ORDER GRANTING UNOPPOSED MOTION TO STRIKE NOTICE OF VOLUNTARY DISMISSAL signed by JUDGE CATHERINE C. EAGLES on 03/19/2015; that: The Unopposed Motion to Strike Notice of Dismissal, (Doc. #62 ), is GRANTED. The Notice of Voluntary Dismissal, (Doc. #61 ), is hereby stricken. (Garland, Leah)
March 18, 2015 Opinion or Order Motions Submitted: #62 MOTION to Strike #61 Notice of Voluntary Dismissal (party(s)) Unopposed Motion to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
March 17, 2015 Opinion or Order Filing 64 NOTICE of Appearance by attorney LANESHA L. SIMS on behalf of Plaintiffs SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. (SIMS, LANESHA)
March 12, 2015 Opinion or Order Filing 63 NOTICE of Voluntary Dismissal as to party(s) TIMOTHY DWAYNE TUTTERROW, FAMILY ATTRACTIONS AMUSEMENT, L.L.C. and JOSHUA GENE MACARONI, filed by Plaintiffs SHYKEMA DEMPSEY, KISHA GORHAM (WATSON, DONALD)
March 12, 2015 Opinion or Order Filing 62 MOTION to Strike #61 Notice of Voluntary Dismissal (party(s)) Unopposed Motion by KISHA GORHAM. (WATSON, DONALD)
March 6, 2015 Opinion or Order Filing 61 ***STRICKEN***NOTICE of Voluntary Dismissal as to party(s) TIMOTHY DWAYNE TUTTERROW, FAMILY ATTRACTIONS AMUSEMENT, L.L.C. and JOSHUA GENE MACARONI, filed by Plaintiffs SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. (WATSON, DONALD) Modified on 3/19/2015 to mark Stricken pursuant to #65 Order. (Garland, Leah)
February 25, 2015 Opinion or Order Filing 60 ORDER Appointing ROBERT A. BEASON as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
February 25, 2015 Opinion or Order Motions Submitted: #58 MOTION for Leave to File In Camera Plaintiffs Supplement to Consent Motion for Settlement to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
February 25, 2015 Opinion or Order MEDIATION SCHEDULING ORDER ; Mediation due by 6/30/2015. Plaintiffs and defendant Amusements of Rochester, Inc. d/b/a Powers Great American Midways agreed that the mediator shall be either Bob Beason or Ron Perkinson (Gammon, Cheryl)
February 24, 2015 Opinion or Order Filing 59 NOTICE of Manual Filing Supplement to Consent Motion for Settlement in paper form with the Clerk's Office (GARY, WILLIE)
February 24, 2015 Opinion or Order Filing 58 MOTION for Leave to File In Camera Plaintiffs Supplement to Consent Motion for Settlement by KISHA GORHAM. (GARY, WILLIE)
February 24, 2015 Opinion or Order Filing 57 Brief of Authority BRIEF re #52 Order,,,,, filed on behalf of Plaintiffs' Counsel by Plaintiff KISHA GORHAM filed by KISHA GORHAM. (GARY, WILLIE)
February 20, 2015 Opinion or Order Set Scheduling Order Deadlines: Discovery should be placed on the Complex case Management track. Mediation was held on 11/25/2014. The Parties agree that another mediation should be conducted midway in the discovery period, the exact date to be set by the mediator after consultation with the parties. the parties agree that the mediator shall be either Bob Beason or Ron Perkinson. Parties do not consent to the reference of the case to a Magistrate Judge or appointment of a Master. Trial of this action is expected to take approximately 14 days. A jury trial has been demanded. Plaintiffs' Amended Pleadings due by 3/30/2015. Defendant's Amended Pleadings due by 4/30/2015. Discovery due by 8/20/2015. Joinder of Parties for Plaintiff due by 3/30/2015. Joinder of Parties for Defendant due by 4/30/2015. (Garland, Leah)
February 20, 2015 Opinion or Order TEXT ORDER adopting #55 RULE 26F (JOINT) REPORT with the following clarification: the parties shall complete discovery by 08/20/2015. Issued by MAG/JUDGE L. PATRICK AULD on 02/20/2015. (AULD, L.)
February 17, 2015 Opinion or Order Filing 56 RESPONSE re #52 Order To Show cause filed by Plaintiff's Counsel. Replies due by 3/6/2015. (Attachments: #1 Affidavit From Willie Gary)(WATSON, DONALD) Modified docket entry on 2/17/2015 (Israel, Lisa).
February 17, 2015 Opinion or Order Motions Referred: RE: #55 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)
February 13, 2015 Opinion or Order Filing 55 Rule 26(f) Report (Joint) filed by all parties by AMUSEMENTS OF ROCHESTER, INC..(PETTEY, RODNEY)
February 12, 2015 Opinion or Order Filing 54 ORDER signed by JUDGE CATHERINE C. EAGLES on 02/12/2015. The Court has reviewed plaintiffs' counsel's motion for extension of time. (Doc. #53 .) Counsel has offered no specific reason for the extension and is silent on why he cannot timely comply. The Court will grant the motion in part. The time to comply is extended one business day. Because Monday is a federal holiday, plaintiffs' counsel shall have until noon on February 17, 2015, to comply with Paragraph One of the Court's Order dated February 10, 2015. (Taylor, Abby)
February 12, 2015 Opinion or Order Motions Submitted: #53 MOTION for Extension of Time for Attorneys' Response to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
February 11, 2015 Opinion or Order Filing 53 MOTION for Extension of Time for Attorneys' Response by ANTHONY GORHAM, JR, J. H.. (Attachments: #1 Exhibit Proposed Order)(JONES, MICHAEL)
February 10, 2015 Opinion or Order Filing 52 ORDER signed by JUDGE CATHERINE C. EAGLES on 02/10/2015; that: 1. The plaintiffs' counsel shall immediately return to their trust account that entire amount of money received in purported payment of legal fees in connection with representing Ms. Gorham as guardian ad litem for J.H. and as general guardian of Anthony Gorham or, in the alternative, show cause by noon on February 13, 2015, why they should not; 2. No later than February 24, 2015, Ms. Gorham shall provide copies of relevant documents from Mr. Gorham's guardianship file, as directed herein; 3. No later than February 24, 2015, the parties may supplement the evidence in support of the pending motions as limited and allowed herein; 4. If any party believes that the Court misapprehends the applicable law or wishes to provide additional case law or statutory authority for the Court's consideration, that party may file, no later than February 24, 2015, a short brief, no longer than six pages, directing the Court's attention to contrary case law or statutes; and 5. The motions, (Docs. #46 , #47 ), remain under advisement. Plaintiffs' counsel shall not disburse any of the settlement proceeds pending further orders of the Court. (Garland, Leah)
January 28, 2015 Opinion or Order Filing 51 CERTIFICATE OF SERVICE by ANTHONY GORHAM, JR, J. H. (JONES, MICHAEL)
January 28, 2015 Opinion or Order Filing 50 SEALED DOCUMENT Closing Statement by Plaintiffs ANTHONY GORHAM, JR, J. H.. (Attachments: #1 Closing Statements)(JONES, MICHAEL)
January 28, 2015 Opinion or Order Motions Submitted: #49 Consent MOTION to Seal Document to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 27, 2015 Opinion or Order Filing 49 Consent MOTION to Seal Document by ANTHONY GORHAM, JR, KISHA GORHAM, J. H.. Responses due by 2/20/2015 (JONES, MICHAEL)
January 27, 2015 Opinion or Order Filing 48 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 2/23/2015 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim)
January 21, 2015 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Motion Hearing held on 1/21/2015 re #47 Consent MOTION for Settlement filed by J. H., SHYKEMA DEMPSEY, ANTHONY GORHAM, JR., KISHA GORHAM, #46 Consent MOTION for Settlement filed by J. H., SHYKEMA DEMPSEY, ANTHONY GORHAM, JR., KISHA GORHAM. Attorney Michael Jones present for plaintiffs and Attorneys Allison Cohan, Tracy Eggleston, Brady Yntema and David Fothergill present for defendants. Counsel for plaintiff to submit further information to Court regarding settlement. Court takes matter under advisement. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
January 20, 2015 Opinion or Order Motions Submitted: #47 Consent MOTION for Settlement , #46 Consent MOTION for Settlement to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 16, 2015 Opinion or Order Filing 47 Consent MOTION for Settlement by J. H.. (Attachments: #1 Exhibit)(WATSON, DONALD) Modified on 1/16/2015 to remove extra names.(Franklin, Grady).
January 16, 2015 Opinion or Order Filing 46 Consent MOTION for Settlement by ANTHONY GORHAM, JR(Attachments: #1 Exhibit)(WATSON, DONALD) Modified on 1/16/2015 to remove extra names. (Franklin, Grady).
December 15, 2014 Opinion or Order Filing 45 NOTICE of Hearing: Motion Hearing set for 1/21/2015 at 2:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
December 15, 2014 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 12/15/14. The parties are directed to file a consent motion seeking court approval of the relevant settlements no later than January 15, 2015. A proposed Order and any necessary attachments shall be submitted to the Courts case manager via email no later than January 15, 2015. The Court will conduct a hearing on the settlements that require court approval on January 21, 2015, at 2:00 p.m., Greensboro, Courtroom 3. (Sanders, Marlene)
December 10, 2014 Opinion or Order Filing 44 STATUS REPORT (Joint) by AMUSEMENTS OF ROCHESTER, INC.. (PETTEY, RODNEY)
December 4, 2014 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 12/4/14: The parties have informed the Court that part of this case is resolved. The parties shall file a joint status report no later than December 12, 2014. The Court expects to lift the stay soon thereafter and the parties should be prepared to move forward without delay so that unresolved matters can move forward expeditiously and so that the settled aspects can be finalized expeditiously. (Sanders, Marlene)
October 27, 2014 Opinion or Order Filing 43 NOTICE of Appearance by attorney VICTOR G. SWIFT on behalf of Plaintiffs SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. (SWIFT, VICTOR)
October 27, 2014 Opinion or Order Filing 42 NOTICE of Appearance by attorney DONALD N. WATSON on behalf of Plaintiffs SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. (WATSON, DONALD)
October 23, 2014 Opinion or Order Filing 41 NOTICE of Appearance by attorney WILLIE E. GARY on behalf of Plaintiff KISHA GORHAM (GARY, WILLIE) (Main Document 41 replaced on 10/23/2014) (Franklin, Grady).
October 1, 2014 Opinion or Order Filing 40 ORDER Appointing DONALD H. BESKIND as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
August 28, 2014 Opinion or Order Filing 39 ORDER signed by MAG/JUDGE L. PATRICK AULD on 08/28/2014; that the Consent Motion to Stay & Compel mediation is ALLOWED. (Garland, Leah)
August 28, 2014 Opinion or Order Set Scheduling Order Deadlines: Mediation due by 11/26/2014. (Garland, Leah)
August 27, 2014 Opinion or Order Motions Referred: RE: #38 Consent MOTION to Stay MOTION to Compel Mediation, to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene)
August 25, 2014 Opinion or Order Filing 38 Consent MOTION to Stay , MOTION to Compel Mediation by FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. Responses due by 9/18/2014 (Attachments: #1 Exhibit A, #2 Exhibit B)(BROWN, GREGORY)
August 15, 2014 Opinion or Order TEXT ORDER granting #37 Motion for Extension of Time. Amusements of Rochester, Inc. shall file any response to #29 Motion to Dismiss by 09/05/2014. Issued by MAG/JUDGE L. PATRICK AULD on 08/15/2014. (AULD, L.)
August 15, 2014 Opinion or Order Motions Referred: RE: #37 Joint MOTION for Extension of Time to File Response/Reply , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene)
August 13, 2014 Opinion or Order Filing 37 Joint MOTION for Extension of Time to File Response/Reply by AMUSEMENTS OF ROCHESTER, INC.. (Attachments: #1 Text of Proposed Order)(FOTHERGILL, DAVID)
July 28, 2014 Opinion or Order Filing 36 MOTION for Extension of Time to File Response/Reply as to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by AMUSEMENTS OF ROCHESTER, INC., FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. (Attachments: #1 Text of Proposed Order)(PETTEY, RODNEY)
July 28, 2014 Opinion or Order Filing 35 REPLY, filed by Defendant FAMILY ATTRACTIONS AMUSEMENT, L.L.C., to Response to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. (Attachments: #1 Exhibit A, #2 B)(BROWN, GREGORY)
July 28, 2014 Opinion or Order TEXT ORDER granting #36 Motion for Extension of Time. Amusements of Rochester, Inc. shall file any response to #29 Motion to Dismiss by 08/15/2014. Issued by MAG/JUDGE L. PATRICK AULD on 07/28/2014. (AULD, L.)
July 28, 2014 Opinion or Order Motions Submitted: #36 MOTION for Extension of Time to File Response/Reply as to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene)
July 10, 2014 Opinion or Order Filing 34 RESPONSE in Opposition re #23 Brief, #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H.. Replies due by 7/28/2014. (JONES, MICHAEL)
July 10, 2014 Opinion or Order Filing 33 NOTICE of Appearance by attorney MICHAEL A. JONES on behalf of Plaintiffs SHYKEMA DEMPSEY, ANTHONY GORHAM, JR, KISHA GORHAM, J. H. (JONES, MICHAEL)
July 3, 2014 Opinion or Order Filing 32 RESPONSE re #28 Amended Crossclaim by JOSHUA GENE MACARONI. Replies due by 7/21/2014. (YNTEMA, BRADY)
July 2, 2014 Opinion or Order Filing 31 ANSWER to Amended Crossclaim by TIMOTHY DWAYNE TUTTERROW. (EGGLESTON, TRACY)
July 2, 2014 Opinion or Order Filing 30 MEMORANDUM filed by Defendant FAMILY ATTRACTIONS AMUSEMENT, L.L.C. re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. (Attachments: #1 Exhibit Unpublished Case - Watkins v. Lincoln Comm. Health Center, Inc.)(BROWN, GREGORY)
July 2, 2014 Opinion or Order Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. Responses due by 7/28/2014 (BROWN, GREGORY)
June 19, 2014 Opinion or Order Filing 28 AMENDED CROSSCLAIM against defendant AMUSEMENTS OF ROCHESTER, INC., FAMILY ATTRACTIONS AMUSEMENT, L.L.C., JOSHUA GENE MACARONI, TIMOTHY DWAYNE TUTTERROW, filed by AMUSEMENTS OF ROCHESTER, INC..(PETTEY, RODNEY)
June 16, 2014 Opinion or Order Filing 27 RESPONSE re #16 Answer to Complaint, Crossclaim by JOSHUA GENE MACARONI. Replies due by 7/3/2014. (YNTEMA, BRADY)
June 16, 2014 Opinion or Order Filing 26 ANSWER to #5 Complaint with Jury Demand by JOSHUA GENE MACARONI. (YNTEMA, BRADY)
June 13, 2014 Opinion or Order Filing 25 BRIEF re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cross Defendant FAMILY ATTRACTIONS AMUSEMENT, L.L.C., Defendant FAMILY ATTRACTIONS AMUSEMENT, L.L.C. filed by FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. (Attachments: #1 Exhibit Watkins v. Lincoln Community Health Center)(BROWN, GREGORY)
June 13, 2014 Opinion or Order Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. Responses due by 7/10/2014 (BROWN, GREGORY)
June 13, 2014 Opinion or Order Filing 23 BRIEF re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant FAMILY ATTRACTIONS AMUSEMENT, L.L.C. filed by FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. (Attachments: #1 Exhibit Watkins v. Lincoln Community Health Center, #2 Exhibit Elhassan v. Proctor and Gamble Mfg Co.)(BROWN, GREGORY)
June 13, 2014 Opinion or Order Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. Responses due by 7/10/2014 (BROWN, GREGORY)
June 13, 2014 Opinion or Order Filing 21 RESPONSE re #16 Answer to Complaint, Crossclaim filed by TIMOTHY DWAYNE TUTTERROW. Replies due by 6/30/2014. (EGGLESTON, TRACY)
June 10, 2014 Opinion or Order Filing 20 ANSWER to #5 Complaint by TIMOTHY DWAYNE TUTTERROW. (EGGLESTON, TRACY)
June 6, 2014 Opinion or Order Filing 19 MOTION for Extension of Time to File Answer re #16 Answer to Complaint, Crossclaim by TIMOTHY DWAYNE TUTTERROW. (Attachments: #1 Text of Proposed Order)(EGGLESTON, TRACY)
June 6, 2014 Opinion or Order ORDER granting #19 Motion for Extension of Time to Answer Crossclaims for TIMOTHY DWAYNE TUTTERROW. Answer due by 6/16/2014. Signed by John Brubaker, Clerk of Court, on 6/6/2014. (Brubaker, John)
June 2, 2014 Opinion or Order Motions Referred: RE: #18 Consent MOTION for Extension of Time to File Response/Reply as to #16 Answer to Complaint, Crossclaim , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene)
June 2, 2014 Opinion or Order TEXT ORDER granting #18 Motion for Extension of Time. Defendant Joshua Gene Macaroni shall answer or otherwise respond to the crossclaim(s) of Defendant Amusement of Rochester, Inc. by 06/16/2014. Issued by MAG/JUDGE L. PATRICK AULD on 06/02/2014. (AULD, L.)
May 30, 2014 Opinion or Order Filing 18 Consent MOTION for Extension of Time to File Response/Reply as to #16 Answer to Complaint, Crossclaim by JOSHUA GENE MACARONI. (Attachments: #1 Text of Proposed Order Proposed Order)(YNTEMA, BRADY)
May 23, 2014 Opinion or Order Motions Referred: RE: #17 MOTION for Extension of Time to File Answer to MAG/JUDGE L. PATRICK AULD. (Powell, Gloria)
May 23, 2014 Opinion or Order TEXT ORDER granting #17 Motion for Extension of Time. TIMOTHY DWAYNE TUTTERROW shall answer or otherwise respond by 06/11/2014. Issued by MAG/JUDGE L. PATRICK AULD on 05/23/2014. (AULD, L.)
May 21, 2014 Opinion or Order Filing 17 MOTION for Extension of Time to File Answer by TIMOTHY DWAYNE TUTTERROW. (Attachments: #1 Text of Proposed Order)(EGGLESTON, TRACY)
May 16, 2014 Opinion or Order Filing 16 ANSWER to #5 Complaint with Jury Demand , CROSSCLAIM against FAMILY ATTRACTIONS AMUSEMENT, L.L.C., JOSHUA GENE MACARONI, TIMOTHY DWAYNE TUTTERROW by AMUSEMENTS OF ROCHESTER, INC.. (PETTEY, RODNEY)
May 15, 2014 Opinion or Order Filing 15 NOTICE by JOSHUA GENE MACARONI re #1 Petition for Removal, Notice of Consent to Removal (HARRIS, DAVID)
May 14, 2014 Opinion or Order Filing 14 Consent MOTION for Extension of Time to File Answer by JOSHUA GENE MACARONI. (Attachments: #1 Text of Proposed Order)(YNTEMA, BRADY)
May 14, 2014 Opinion or Order Filing 13 Consent MOTION for Extension of Time to File Answer by FAMILY ATTRACTIONS AMUSEMENT, L.L.C.. (Attachments: #1 Text of Proposed Order)(BROWN, GREGORY)
May 14, 2014 Opinion or Order Filing 12 NOTICE of Appearance by attorney DAVID G. HARRIS, II on behalf of Defendant JOSHUA GENE MACARONI (HARRIS, DAVID)
May 14, 2014 Opinion or Order Filing 11 NOTICE of Appearance by attorney BRADY ALLEN YNTEMA on behalf of Defendant JOSHUA GENE MACARONI (YNTEMA, BRADY)
May 14, 2014 Opinion or Order ORDER granting #14 Motion for Extension of Time to Answer for JOSHUA GENE MACARONI. Answer due by 6/16/2014. Signed by John Brubaker, Clerk of Court, on 5/14/2014. (Brubaker, John)
May 14, 2014 Opinion or Order ORDER granting #13 Motion for Extension of Time to Answer for FAMILY ATTRACTIONS AMUSEMENT, L.L.C. Answer due by 6/16/2014. Signed by John Brubaker, Clerk of Court, on 5/14/2014. (Brubaker, John)
May 12, 2014 Opinion or Order Filing 10 NOTICE by TIMOTHY DWAYNE TUTTERROW Consent to Removal (EGGLESTON, TRACY)
May 12, 2014 Opinion or Order Filing 9 NOTICE of Appearance by attorney TRACY LYNN EGGLESTON on behalf of Defendant TIMOTHY DWAYNE TUTTERROW (EGGLESTON, TRACY)
May 12, 2014 Opinion or Order Filing 8 NOTICE of Appearance by attorney GREGORY WENZL BROWN on behalf of Defendant FAMILY ATTRACTIONS AMUSEMENT, L.L.C. (BROWN, GREGORY)
May 12, 2014 Opinion or Order Filing 7 NOTICE of Appearance by attorney DAVID M. FOTHERGILL on behalf of Defendant AMUSEMENTS OF ROCHESTER, INC. (FOTHERGILL, DAVID)
May 12, 2014 Opinion or Order Filing 6 NOTICE of Appearance by attorney RODNEY E. PETTEY on behalf of Defendant AMUSEMENTS OF ROCHESTER, INC. (PETTEY, RODNEY)
May 12, 2014 Opinion or Order Filing 5 COMPLAINT against All Defendants, filed by KISHA GORHAM, SHYKEMA DEMPSEY, J. H., ANTHONY GORHAM, JR. (State Court document filed Durham County Superior Court, case number 14CVS2590, listed as Exhibit A to the Petition for Removal) (Garland, Leah)
May 12, 2014 Opinion or Order 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 under Attorney Information for a list of mediators which must be served on all parties. (Garland, Leah)
May 9, 2014 Opinion or Order Filing 4 NOTICE of Appearance by attorney ALLISON A. COHAN on behalf of Defendant Family Attractions Amusement, LLC (COHAN, ALLISON) (Main Document 4 replaced on 5/12/2014 with corrected PDF document) (Garland, Leah)
May 9, 2014 Opinion or Order Filing 3 NOTICE of Appearance by attorney AMY RUTH HOLBROOK on behalf of Defendant Family Attractions Amusement, LLC (HOLBROOK, AMY) (Main Document 3 replaced on 5/12/2014 with corrected PDF document) (Garland, Leah)
May 9, 2014 Opinion or Order Filing 2 Corporate Disclosure Statement by Family Attractions Amusement, LLC identifying Other Affiliate Family Attractions Amusement, LLC for Family Attractions Amusement, LLC.. (HOLBROOK, AMY)
May 9, 2014 Opinion or Order Filing 1 PETITION FOR REMOVAL from Durham County Superior Court, case number 14-CVS-2590. Filing fee $ 400 receipt number 0418-1509675, filed by Family Attractions Amusement, LLC. (Attachments: #1 Exhibit A - Verified Complaint, #2 Civil Cover Sheet)(HOLBROOK, AMY) (Main Document 1, Attachment 1, and Attachment 2 replaced on 5/12/2014 with corrected PDF documents) (Garland, Leah)

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Search for this case: GORHAM et al v. AMUSEMENTS OF ROCHESTER, INC. et al
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Plaintiff: KISHA GORHAM
Represented By: MICHAEL A. JONES
Represented By: DONALD N. WATSON
Represented By: LANESHA L. SIMS
Represented By: VICTOR G. SWIFT
Represented By: WILLIE E. GARY
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Plaintiff: ANTHONY GORHAM, JR.
Represented By: MICHAEL A. JONES
Represented By: DONALD N. WATSON
Represented By: LANESHA L. SIMS
Represented By: VICTOR G. SWIFT
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Plaintiff: SHYKEMA DEMPSEY
Represented By: MICHAEL A. JONES
Represented By: DONALD N. WATSON
Represented By: LANESHA L. SIMS
Represented By: VICTOR G. SWIFT
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Plaintiff: J. H.
Represented By: MICHAEL A. JONES
Represented By: DONALD N. WATSON
Represented By: LANESHA L. SIMS
Represented By: VICTOR G. SWIFT
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Defendant: AMUSEMENTS OF ROCHESTER, INC. doing business as POWERS GREAT AMERICAN MIDWAYS
Represented By: DAVID M. FOTHERGILL
Represented By: RODNEY E. PETTEY
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Defendant: FAMILY ATTRACTIONS AMUSEMENT, L.L.C.
Represented By: GREGORY WENZL BROWN
Represented By: ALLISON A. COHAN
Represented By: AMY H. WOOTEN
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Defendant: JOSHUA GENE MACARONI
Represented By: BRADY ALLEN YNTEMA
Represented By: DAVID G. HARRIS, II
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Defendant: TIMOTHY DWAYNE TUTTERROW
Represented By: TRACY LYNN EGGLESTON
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Petitioner: WILLIE E. GARY
Represented By: VICTOR G. SWIFT
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Cross claimant: AMUSEMENTS OF ROCHESTER, INC.
Represented By: DAVID M. FOTHERGILL
Represented By: RODNEY E. PETTEY
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