HICKS v. MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, ET AL
HICKS, WILLIAM ALFRED HICKS, JR. and BILLY HICKS |
MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, JOHN SPRINGTHORPE, DONALD L. HOLDER, GREGORY PERKINS, NOLAN KIRKMAN, HAROLD THOMAS TAYLOR, THOMAS JACKSON, DDS, VICTOR ZAMORA, JOSEPH H. WILLIAMS and ROGER DOUGLAS JONES |
1:2015cv00038 |
January 12, 2015 |
US District Court for the Middle District of North Carolina |
NCMD Office |
Surry |
L PATRICK AULD |
CATHERINE C EAGLES |
Civil Rights: Other |
28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
Plaintiff |
Docket Report
This docket was last retrieved on December 9, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 59 JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 12/09/2015, that the defendants' motions to dismiss, (Docs. #32 , #38 , #40 ), are GRANTED and this action is DISMISSED. (Taylor, Abby) |
Filing 58 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 12/09/2015. It may well be the case that some of the defendants disliked Mr. Hicks resented his disagreements over board policy in 2011 and 2012 and that this affected their decisions about his lease. This does not rise to the level of a violation of constitutional rights. Mr. Hicks has not nudged his claims of constitutional violations across the line from conceivable to plausible. Twombly, 550 U.S. at 570. It is hereby ORDERED that the motions to dismiss by the defendant board members and Mount Airy-Surry County Airport Authority, (Doc. #32 ), by defendant Joseph Williams, (Doc. #38 ), and by defendant Roger Jones, (Doc. #40 ), are GRANTED and the case will be dismissed. Judgment will be entered concomitantly with this Order.(Taylor, Abby) |
Motions Submitted: #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #32 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction , #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 57 REPLY, filed by Defendant ROGER DOUGLAS JONES, to Response to #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ROGER DOUGLAS JONES. (Attachments: #1 Ex 1 - Unpublished Case)(ROWE, ANN) |
Filing 56 REPLY, filed by Defendant JOSEPH H. WILLIAMS, to Response to #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOSEPH H. WILLIAMS. (BYERS, COLLEEN) |
Filing 55 STANDARD ORDER issued by JUDGE CATHERINE C. EAGLES on 8/28/15. (Sanders, Marlene) |
Filing 54 CERTIFICATE OF SERVICE by WILLIAM ALFRED HICKS, JR re #53 Additional Attachments to Main Document, #52 Additional Attachments to Main Document, #51 Additional Attachments to Main Document (JAMES, RANDOLPH) |
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re #53 Additional Attachments to Main Document, #52 Additional Attachments to Main Document, #51 Additional Attachments to Main Document. Certificate of Service missing from all three pleadings. File one Certificate of Service for all three pleadings. (In the future, when adding additional attachments to a response after the reply has been filed, you would need to file a Response (non motion under other documents) with the correct heading along with the attachments and certificate of service) (Taylor, Abby) |
Filing 53 Additional Attachments to Main Document re #45 Response in Opposition to Motion, attachment of unpublished case law. (JAMES, RANDOLPH) |
Filing 52 Additional Attachments to Main Document re #47 Response in Opposition to Motion Attachment of unpublished case law. (JAMES, RANDOLPH) |
Filing 51 Additional Attachments to Main Document re #46 Response in Opposition to Motion attachments of unpublished case law. (JAMES, RANDOLPH) |
Filing 50 REPLY, filed by Defendants DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA, to Response to #32 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA. (Attachments: #1 Exhibit Unpublished Case 1, #2 Exhibit Unpublished Case 2, #3 Exhibit Unpublished Case 3, #4 Exhibit unpublished Case 4)(JONES, HOWARD) |
TEXT ORDER granting #49 Motion for Extension of Time. Defendant Roger Douglas Jones shall file any reply to #46 Response by 09/21/2015. Issued by MAG/JUDGE L. PATRICK AULD on 08/19/2015. (AULD, L.) |
TEXT ORDER granting #48 Motion for Extension of Time. Defendant Joseph H. Williams shall file any reply to #47 Response by 09/21/2015. Issued by MAG/JUDGE L. PATRICK AULD on 08/19/2015. (AULD, L.) |
Motions Referred: RE: #49 MOTION for Extension of Time to File Response/Reply as to #46 Response in Opposition to Motion , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) |
Filing 49 MOTION for Extension of Time to File Response/Reply as to #46 Response in Opposition to Motion by ROGER DOUGLAS JONES. (Attachments: #1 Ex 1 - Proposed Order)(ROWE, ANN) |
Motions Referred: RE: #48 Consent MOTION for Extension of Time to File Response/Reply as to #47 Response in Opposition to Motion , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) |
Filing 48 Consent MOTION for Extension of Time to File Response/Reply as to #47 Response in Opposition to Motion by JOSEPH H. WILLIAMS. (Attachments: #1 Text of Proposed Order)(BYERS, COLLEEN) |
Filing 47 RESPONSE in Opposition re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #39 Memorandum filed by WILLIAM ALFRED HICKS, JR. Replies due by 8/20/2015. (JAMES, RANDOLPH) |
Filing 46 RESPONSE in Opposition re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #41 Brief filed by WILLIAM ALFRED HICKS, JR. Replies due by 8/20/2015. (JAMES, RANDOLPH) |
Filing 45 RESPONSE in Opposition re #33 Brief, #32 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction filed by WILLIAM ALFRED HICKS, JR. Replies due by 8/20/2015. (JAMES, RANDOLPH) |
Motions Referred: RE: #44 Second MOTION for Extension of Time to File Response/Reply as to #33 Brief,, Order on Motion for Extension of Time to File Response/Reply, #32 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) |
TEXT ORDER granting #44 Second Motion for Extension of Time. Plaintiff shall file any response to #32 Second Motion to Dismiss by 08/03/2015. Issued by MAG/JUDGE L. PATRICK AULD on 07/06/2015. (AULD, L.) |
Filing 44 Second MOTION for Extension of Time to File Response/Reply as to #33 Brief,, Order on Motion for Extension of Time to File Response/Reply, #32 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WILLIAM ALFRED HICKS, JR. (Attachments: #1 Text of Proposed Order)(JAMES, RANDOLPH) |
TEXT ORDER granting #42 Motion for Extension of Time. Plaintiff shall file any response to #40 Motion to Dismiss by 08/03/2015. Issued by MAG/JUDGE L. PATRICK AULD on 07/01/2015. (AULD, L.) |
Motions Referred: RE: #42 MOTION for Extension of Time to File Response/Reply as to #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #41 Brief , #43 MOTION for Extension of Time to File Response/Reply as to #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #39 Memorandum , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) |
TEXT ORDER granting #43 Motion for Extension of Time. Plaintiff shall file any response to #38 Motion to Dismiss by 08/03/2015. Issued by MAG/JUDGE L. PATRICK AULD on 07/01/2015. (AULD, L.) |
Filing 43 MOTION for Extension of Time to File Response/Reply as to #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #39 Memorandum by WILLIAM ALFRED HICKS, JR. (Attachments: #1 Text of Proposed Order)(JAMES, RANDOLPH) |
Filing 42 MOTION for Extension of Time to File Response/Reply as to #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #41 Brief by WILLIAM ALFRED HICKS, JR. (Attachments: #1 Text of Proposed Order)(JAMES, RANDOLPH) |
Filing 41 Defendant Jones' BRIEF re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit 1 - unpublished case)(ROWE, ANN) |
Filing 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ROGER DOUGLAS JONES. Responses due by 7/2/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(ROWE, ANN) |
Filing 39 MEMORANDUM filed by Defendant JOSEPH H. WILLIAMS re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOSEPH H. WILLIAMS. (BYERS, COLLEEN) |
Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JOSEPH H. WILLIAMS. Responses due by 7/2/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(BYERS, COLLEEN) |
Motions Referred: RE: #37 First MOTION for Extension of Time to File Response/Reply as to #33 Brief,, #32 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) |
TEXT ORDER granting #37 Motion for Extension of Time. Plaintiff shall file any response to #32 Second Motion to Dismiss by 07/13/2015. Issued by MAG/JUDGE L. PATRICK AULD on 06/08/2015. (AULD, L.) |
Filing 37 First MOTION for Extension of Time to File Response/Reply as to #33 Brief,, #32 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WILLIAM ALFRED HICKS, JR. (JAMES, RANDOLPH) |
Filing 36 NOTICE of Appearance by attorney ANN COX ROWE on behalf of Defendant ROGER DOUGLAS JONES (ROWE, ANN) |
Filing 35 NOTICE of Appearance by attorney HARRY LEE DAVIS, JR on behalf of Defendant ROGER DOUGLAS JONES (DAVIS, HARRY) |
TEXT ORDER granting #34 Consent Motion to Exceed Page Limit. Defendant Joseph H. Williams may file a brief up to 25 pages long in support of his yet-to-be-filed motion to dismiss. Issued by MAG/JUDGE L. PATRICK AULD on 06/02/2015. (AULD, L.) |
Motions Referred: RE: #34 Consent MOTION for Leave to File Excess Pages , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) |
Filing 34 Consent MOTION for Leave to File Excess Pages by JOSEPH H. WILLIAMS. (Attachments: #1 Text of Proposed Order)(BYERS, COLLEEN) |
Filing 33 Defendants BRIEF re #32 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA filed by DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA. (Attachments: #1 Exhibit Unpublished Case 1, #2 Exhibit Unpublished Case 2, #3 Exhibit Unpublished Case 3, #4 Exhibit Unpublished Case 4)(JONES, HOWARD) |
Filing 32 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA. Responses due by 6/15/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(JONES, HOWARD) |
Filing 31 REPLY, filed by Defendants DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA, to Response to #16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction filed by DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA. (JONES, HOWARD) |
Filing 30 NOTICE of Appearance by attorney COLLEEN L. BYERS on behalf of Defendant JOSEPH H. WILLIAMS, (BYERS, COLLEEN) |
Filing 29 WAIVER OF SERVICE Returned Executed by WILLIAM ALFRED HICKS, JR. ROGER DOUGLAS JONES waiver sent on 4/22/2015, answer due 6/22/2015. (JAMES, RANDOLPH) |
Filing 28 ORDER GRANTING LEAVE TO EXCEED PAGE LIMIT signed by JUDGE CATHERINE C. EAGLES on 04/24/2015, that leave is granted to these defendants to file a brief up to 25 pages long in support of their yet-to-be-filed motion to dismiss. On the Court's own motion, it is further ORDERED that the Court extends the page-limit for plaintiff's brief in opposition to twenty- five pages, though plaintiff need not use all those pages. Re #27 Motion for Leave to File Excess Pages (Taylor, Abby) |
Filing 27 First MOTION for Leave to File Excess Pages of Brief yet to be filed by DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA. (Attachments: #1 Text of Proposed Order Order to Exceed Page Limit)(JONES, HOWARD) |
Motions Submitted: #27 First MOTION for Leave to File Excess Pages of Brief yet to be filed to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 26 ORDER signed by MAG/JUDGE L. PATRICK AULD on 04/20/2015, that these defendants have an additional thirty (30) days, up to and through May 26 2015, to file a reply to plaintiff's response to the motion to dismiss and shall also have an additional thirty (30) days, up to and through May 26 2015, to file a response to plaintiff's first amended complaint. (Taylor, Abby) |
Motions Referred: RE: #25 First MOTION for Extension of Time to File Response/Reply as to #19 Response in Opposition to Motion, #18 Amended Complaint , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) |
Filing 25 First MOTION for Extension of Time to File Response/Reply as to #19 Response in Opposition to Motion, #18 Amended Complaint by DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA. (Attachments: #1 Text of Proposed Order Order for Extension of Time)(JONES, HOWARD) |
Filing 24 NOTICE of Appearance by attorney KEVIN GUY WILLIAMS on behalf of Defendant JOSEPH H. WILLIAMS (WILLIAMS, KEVIN) |
Filing 23 WAIVER OF SERVICE of SUMMONS by WILLIAM ALFRED HICKS, JR. JOSEPH H. WILLIAMS waiver sent on 4/9/2015, answer due 6/8/2015. (JAMES, RANDOLPH) |
Filing 22 AFFIDAVIT OF SERVICE as to ROGER DOUGLAS JONES served on 4/9/2015, answer due 4/30/2015. (JAMES, RANDOLPH) |
Filing 21 Summons Issued as to ROGER DOUGLAS JONES, JOSEPH H. WILLIAMS. (Attachments: #1 Summons Jones)(Coyne, Michelle) |
Filing 19 RESPONSE in Opposition re #17 Brief, #16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction filed by WILLIAM ALFRED HICKS, JR. Replies due by 4/23/2015. (JAMES, RANDOLPH) |
Filing 18 First AMENDED COMPLAINT against defendant All Defendants, filed by WILLIAM ALFRED HICKS, JR. (Attachments: #1 Exhibit)(JAMES, RANDOLPH) |
Filing 17 Defendants BRIEF re #16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit Unpublished case 1, #2 Exhibit Unpublished case 2, #3 Exhibit Unpublished case 3, #4 Exhibit Unpublished case 4)(JONES, HOWARD) |
Filing 16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , First MOTION to Dismiss for Lack of Jurisdiction by DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA. Responses due by 4/6/2015 (Attachments: #1 Exhibit 1-Lease, #2 Exhibit 2-Complaint in State Court Declaratory Judgment Action, #3 Exhibit 3-Dismissal, #4 Exhibit 4-Summary Ejectment Complaint, #5 Exhibit 5-Answer to Summary Ejectment, #6 Exhibit 6-January 20 State Court Order, #7 Exhibit 7-Hearing Transcript Excerpt, #8 Exhibit 8- January 30 State Court Order, #9 Exhibit 9- Notice of Appeal, #10 Exhibit 10- Court Of Appeals Order Denying Stay)(JONES, HOWARD) |
Filing 15 NOTICE of Appearance by attorney JAMES DARREN BYERS on behalf of Defendants DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA (BYERS, JAMES) |
Filing 14 NOTICE of Appearance by attorney HOWARD C. JONES, II on behalf of Defendants DONALD L. HOLDER, THOMAS JACKSON, NOLAN KIRKMAN, MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY, GREGORY PERKINS, JOHN SPRINGTHORPE, HAROLD THOMAS TAYLOR, VICTOR ZAMORA (JONES, HOWARD) |
Filing 13 WAIVER OF SERVICE of SUMMONS by WILLIAM ALFRED HICKS, JR. All Defendants. (JAMES, RANDOLPH) |
Filing 12 AFFIDAVIT OF SERVICE as to GREGORY PERKINS served on 1/21/2015, answer due 2/11/2015. (JAMES, RANDOLPH) |
Filing 11 AFFIDAVIT OF SERVICE as to VICTOR ZAMORA served on 1/19/2015, answer due 2/9/2015. (JAMES, RANDOLPH) |
Filing 10 AFFIDAVIT OF SERVICE as to HAROLD THOMAS TAYLOR served on 1/19/2015, answer due 2/9/2015. (JAMES, RANDOLPH) |
Filing 9 AFFIDAVIT OF SERVICE as to NOLAN KIRKMAN served on 1/19/2015, answer due 2/9/2015. (JAMES, RANDOLPH) |
Filing 8 AFFIDAVIT OF SERVICE as to THOMAS JACKSON served on 1/19/2015, answer due 2/9/2015. (JAMES, RANDOLPH) |
Filing 7 AFFIDAVIT OF SERVICE as to DONALD L. HOLDER served on 1/19/2015, answer due 2/9/2015. (JAMES, RANDOLPH) |
Filing 6 AFFIDAVIT OF SERVICE as to JOHN SPRINGTHORPE served on 1/16/2015, answer due 2/6/2015. (JAMES, RANDOLPH) |
Filing 5 AFFIDAVIT OF SERVICE by FEDEX as to MOUNT AIRY-SURRY COUNTY AIRPORT AUTHORITY served on 1/16/2015, answer due 2/6/2015. (JAMES, RANDOLPH) |
Filing 4 Summons Issued as to VICTOR ZAMORA. (Coyne, Michelle) |
Filing 3 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Coyne, Michelle) |
Filing 2 Summons Issued as to All Defendants. (Coyne, Michelle) |
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. (Coyne, Michelle) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-1633734.), filed by William Alfred Hicks, Jr.(JAMES, RANDOLPH) |
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