Young v. East Carolina University et al
| Alexander Joseph Young |
| UNC Board of Governors, Phillip D. Rogers, Randy Ramsey, Susan Keen, East Carolina University, Nadine Skinner and Mark Stacy |
| 4:2021cv00029 |
| March 11, 2021 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1442 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 34 Consent MOTION for Extension of Time to File Answer regarding #1 Notice of Removal,, filed by East Carolina University, Susan Keen, Randy Ramsey, Phillip D. Rogers, Nadine Skinner, Mark Stacy, UNC Board of Governors. (Attachments: #1 Text of Proposed Order) (Rakes, Kenzie) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #34 Consent MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Collins, S.) |
| TEXT ORDER granting Defendant's Consent Motion for Extension of Time #34 . For good cause shown, it is ordered that Defendants have up to and including May 17, 2021, within which to answer or otherwise respond to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 4/29/2021. (Hockaday, A.) |
| Filing 33 **CORRECTED AND REFILED AT #34 ** MOTION for Extension of Time to File Answer regarding #1 Notice of Removal,, filed by East Carolina University, Susan Keen, Randy Ramsey, Phillip D. Rogers, Nadine Skinner, Mark Stacy, UNC Board of Governors. (Attachments: #1 Text of Proposed Order) (Rakes, Kenzie) Modified on 4/29/2021 (Collins, S.). |
Filing 32
ORDER granting #31 Consent Motion for Extension of Time to Answer regarding #1 Notice of Removal. East Carolina University, Susan Keen, Randy Ramsey, Phillip D. Rogers, Nadine Skinner, Mark Stacy and UNC Board of Governors answer due 5/3/2021. Signed by District Judge Louise Wood Flanagan on 4/20/2021. (Collins, S.)
|
| Filing 31 Consent MOTION for Extension of Time to File Answer filed by East Carolina University, Susan Keen, Randy Ramsey, Phillip D. Rogers, Nadine Skinner, Mark Stacy, UNC Board of Governors. (Attachments: #1 Text of Proposed Order) (Rakes, Kenzie) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #31 Consent MOTION for Extension of Time to File Answer. (Collins, S.) |
|
Filing 30
ORDER denying #24 Motion for Preliminary Injunction - The court hereby sets an expedited briefing schedule, as follows. Defendants shall answer or otherwise respond to plaintiff's complaint on or before April 26, 2021. Plaintiff's response to any motion to dismiss shall be filed on or before May 10, 2021, and defendants' reply, if any, shall be filed on or before May 14, 2021. The parties' Rule 26(f) conference must occur within ten days after defendants' response to the complaint, and the joint report and plan shall be filed with the court within ten days after the conference. Upon decision by the court on any dispositive motion, a trial date certain will be set by separate order entered after opportunity is accorded the parties to inform more particularly on trial scheduling. Said supplemental case management order will instruct also on pretrial procedures necessary to be followed in a bench or jury trial. Ordinarily, a final pretrial conference will be set approximately two weeks prior to the start of trial. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 4/14/2021. (Tripp, S.)
|
| Filing 29 Exhibit List for motion hearing held on 4/9/21. (Collins, S.) |
| Filing 28 Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Motion Hearing held on 4/9/2021 regarding #24 MOTION for Preliminary Injunction filed by Alexander Joseph Young. Counsel present for all parties - Court hears arguments of counsel - Defendants' response to plaintiff's complaint now due 4/26/21 - Plaintiff's response to defendants' forthcoming motion to dismiss contains shortened briefing deadlines - Plaintiff's response due 5/10/21 and defendants' reply brief is due 5/14/21 - Written order to follow memorializing. (Court Reporter Tracy McGurk) (Collins, S.) |
| Filing 27 Memorandum in Opposition regarding #25 Memorandum in Support, of Motion for Preliminary Injunction filed by East Carolina University, Susan Keen, Randy Ramsey, Phillip D. Rogers, Nadine Skinner, Mark Stacy, UNC Board of Governors. (Attachments: #1 Index to Exhibits, #2 Exhibit B, Declaration of Stephen J. Gray, #3 Exhibit C, Affidavit of Benjamin Judson Copeland, #4 Exhibit D, Declaration of Robert G. Carroll) (Rakes, Kenzie) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #24 MOTION for Preliminary Injunction. (Collins, S.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) |
| Filing 26 Proposed Order regarding #24 MOTION for Preliminary Injunction filed by Alexander Joseph Young. (Bowens, Stephon) |
| Filing 25 Memorandum in Support regarding #24 MOTION for Preliminary Injunction filed by Alexander Joseph Young. (Attachments: #1 Exhibit Exhibit 1 Index, #2 Exhibit Exhibit A Stanley Declaration, #3 Exhibit Exhibit B Emmerling Declaration, #4 Exhibit Exhibit C Stuart Recommendations, #5 Exhibit Exhibit D Young Declaration, #6 Exhibit Exhibit E Appeal Statement) (Bowens, Stephon) |
| Filing 24 MOTION for Preliminary Injunction filed by Alexander Joseph Young. (Bowens, Stephon) |
| NOTICE OF DEFICIENCY regarding #23 Motion for Preliminary Injunction. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. When refiling, counsel is directed to refile their Motion for Preliminary Injunction and Memorandum in Support as separate pleadings. Counsel should first file the Motion using the appropriate motion event. Counsel should then file the Memorandum in Support, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linking to the Motion for Preliminary Injunction when prompted to do so. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. (Collins, S.) |
| Filing 23 **CORRECTED AND REFILED AT #24 ** MOTION for Preliminary Injunction filed by Alexander Joseph Young. (Attachments: #1 Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Bowens, Stephon) Modified on 4/7/2021 (Collins, S.). |
| Filing 22 Notice of Appearance filed by Saleisha Nadia Averheart on behalf of All Plaintiffs. (Averheart, Saleisha) |
| Filing 21 Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Telephonic Rule 16 Status Conference held on 3/31/2021. Counsel present for all parties - Also in attendance were attorneys Saleisha Williams Averhart for plaintiff and Amanda Williams for defendants - Plaintiff's motion for preliminary injunction shall be filed by 4/5/21 - Defendants' response shall be filed no later than noon on 4/8/21 - Preliminary Injunction Hearing set for 4/9/21 at 10:00 am - Oral motion by defendants for extension of time to file answers - Oral order granting oral motion for extension of time with answers now due by 5/12/21. (Court Reporter Tracy McGurk) (Collins, S.) |
| ORAL MOTION for Extension of Time to File Answer regarding #1 Notice of Removal filed by East Carolina University, Susan Keen, Randy Ramsey, Phillip D. Rogers, Nadine Skinner, Mark Stacy, UNC Board of Governors. (Collins, S.) |
|
ORAL ORDER granting Oral Motion for Extension of Time to Answer regarding #1 Notice of Removal. East Carolina University, Susan Keen, Randy Ramsey, Phillip D. Rogers, Nadine Skinner, Mark Stacy, and UNC Board of Governors answers due 5/12/2021. Entered by District Judge Louise Wood Flanagan on 3/31/2021. (Collins, S.)
|
| Motion Hearing set for 4/9/2021 at 10:00 AM in New Bern - Courtroom before District Judge Louise Wood Flanagan. (Collins, S.) |
|
TEXT ORDER - The court recalled upon conclusion of the conference by telephone that attorney Amanda Williams would be on prescheduled vacation April 9, 2021. Said counsel may also make arrangements with the clerk to attend said hearing by telephone if she so wishes. Signed by District Judge Louise Wood Flanagan on 3/31/2021. (Collins, S.)
|
| ****TELEPHONIC Rule 16 Status Conference set for 3/31/2021 at 3:30 PM before District Judge Louise Wood Flanagan. Counsel will receive an email from the case manager with dial-in instructions to attend this hearing. (Collins, S.) |
| ****RULE 16 Status Conference reset for 3/31/2021 at 3:30 PM in New Bern - Courtroom before District Judge Louise Wood Flanagan. **TIME CHANGE ONLY** (Collins, S.) |
|
Filing 20
ORDER - The court enters a temporary restraining order, subject to the terms and conditions imposed by the General Court of Justice, Superior Court Division, Pitt County, to endure until subsequent Rule 16 status conference, now set for March 31, 2021, at 1:30 p.m. at New Bern. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 3/17/2021. (Collins, S.)
|
| Filing 19 Financial Disclosure Statement by Phillip D. Rogers (Rakes, Kenzie) |
| Filing 18 Notice of Appearance filed by Kenzie Marie Rakes on behalf of Phillip D. Rogers. (Rakes, Kenzie) |
| ****RULE 16 Status Conference set for 3/31/2021 at 1:30 PM in New Bern - Courtroom before District Judge Louise Wood Flanagan. (Collins, S.) |
| Notice to Counsel regarding: #16 Notice of Appearance. The attorney information in the signature block does not match the information the court has in its CM/ECF database. Counsel is directed to update contact information in CM/ECF by choosing "Utilities" and selecting "Maintain Your Account." Contact the clerk's office if additional assistance is required. (Collins, S.) |
| Filing 17 Financial Disclosure Statement by Alexander Joseph Young (Bowens, Stephon) |
| Filing 16 Notice of Appearance filed by Stephon J. Bowens on behalf of Alexander Joseph Young. (Bowens, Stephon) |
| Filing 15 Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Rule 16 Status Conference held on 3/16/2021 by telephone. Counsel for plaintiff and defendants present. The court will hold another Rule 16 Status Conference on March 31, 2021, at 1:30 p.m. in New Bern. Written order to follow. (Court Reporter Tracy McGurk) (Castania, M) |
| Filing 14 Certificate of Service filed by East Carolina University, Susan Keen, Randy Ramsey, Nadine Skinner, Mark Stacy, UNC Board of Governors regarding Text Order,, . (Rakes, Kenzie) |
|
TEXT ORDER - This matter comes now before the court upon removal of this action wherein injunctive relief is sought and temporary restraining order was obtained prior to removal. The court notices telephonic conference pursuant Rule 16, Fed.R.Civ.Pro., for 3:00 p.m. Tuesday, March 16, 2021, for the purpose of establishing a schedule for expedited address of injunctive issues. Defendants shall serve a copy of this order upon plaintiff and provide certification of said service activity on the record. Signed by District Judge Louise Wood Flanagan on 3/15/2021. (Collins, S.)
|
| ****Telephonic Rule 16 Status Conference set for 3/16/2021 at 3:00 PM before District Judge Louise Wood Flanagan. Counsel will receive an email from the case manager with dial-in instructions to attend this hearing. (Collins, S.) |
|
Filing 13
ORDER - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is redesignated as a Eastern Division case. The Honorable Louise Wood Flanagan, United States District Judge, will remain the presiding judge. All future documents shall reflect the new case number of 4:21-CV-29-FL. No further filing shall be made in 5:21-CV-118-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 3/12/2021. (Collins, S.)
|
| Filing 12 Notice filed by East Carolina University, Susan Keen, Randy Ramsey, Nadine Skinner, Mark Stacy, UNC Board of Governors regarding #1 Notice of Removal,, . (Attachments: #1 Exhibit File Stamped Notice of Filing of Notice of Removal) (Rakes, Kenzie) |
| Filing 11 Notice filed by East Carolina University, Susan Keen, Randy Ramsey, Nadine Skinner, Mark Stacy, UNC Board of Governors regarding Notice of Deficiency, #2 Notice - other, Civil Cover Sheet. (Rakes, Kenzie) |
| Filing 10 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Counsel for Plaintiff, Stephon J. Bowens of Bowens & Averhart, PLLC at 555 Fayetteville Street, Suite 300, Raleigh, NC 27601 mailed via US Mail on March 12, 2021. (Rudd, D.) |
| Notice to Counsel - This case should have been filed in the Eastern division. The Clerk will enter a reassignment order correcting the error. (Rudd, D.) |
| Case transferred in from Western Division on 03/12/2021. Case Number 5:21-cv-118-FL. (Collins, S.) |
| Notice to Counsel. Counsel is reminded that pursuant to Local Civil Rule 5.3(c)(2) if, at the time of removal, a motion is pending for which no supporting memorandum of law has been submitted to the state court, the movant on that motion shall file a supporting memorandum within 14 days of the date ofremoval, unless the motion is of a type covered by Local Civil Rule 77.2 or unless otherwise ordered by the court. The Local Civil Rule 7.1(f) deadline for a response to the motion runs from the date of the movant's filing of a supporting memorandum in this court. (Collins, S.) |
| NOTICE OF DEFICIENCY regarding #2 Notice - other (Civil Cover Sheet). Counsel failed to flatten and fill out the PDF after creating it as required pursuant to Section IV.B of the CM/ECF Policies and Procedures Manual. Counsel is directed to refile the document making sure to comply with the rule. (Rudd, D.) |
| Filing 9 Notice of Appearance filed by Kenzie Marie Rakes on behalf of East Carolina University, Susan Keen, Randy Ramsey, Nadine Skinner, Mark Stacy, UNC Board of Governors. (Rakes, Kenzie) |
| Filing 8 Financial Disclosure Statement by UNC Board of Governors (Rakes, Kenzie) |
| Filing 7 Financial Disclosure Statement by Mark Stacy (Rakes, Kenzie) |
| Filing 6 Financial Disclosure Statement by Nadine Skinner (Rakes, Kenzie) |
| Filing 5 Financial Disclosure Statement by Randy Ramsey (Rakes, Kenzie) |
| Filing 4 Financial Disclosure Statement by Susan Keen (Rakes, Kenzie) |
| Filing 3 Financial Disclosure Statement by East Carolina University (Rakes, Kenzie) |
| Filing 2 Notice (Civil Cover Sheet) filed by East Carolina University, Susan Keen, Randy Ramsey, Nadine Skinner, Mark Stacy, UNC Board of Governors regarding #1 Notice of Removal,. (Attachments: #1 Supplement Cover Sheet) (Rakes, Kenzie) Modified on 3/12/2021 to describe notice. (Rudd, D.) |
| Filing 1 NOTICE OF REMOVAL by Nadine Skinner, Mark Stacy, East Carolina University, UNC Board of Governors, Randy Ramsey, Susan Keen from Pitt County Superior Court, case number 21 CVS 0579. ( Filing fee $ 402 receipt number 0417-5923228), filed by Nadine Skinner, Mark Stacy, East Carolina University, UNC Board of Governors, Randy Ramsey, Susan Keen. (Attachments: #1 Index Index of Exhibits, #2 Exhibit 2, Civil Action Cover Sheet, #3 Exhibit 3, Civil Summons, #4 Exhibit 4, Verified Complaint, #5 Exhibit 5, Temporary Restraining Order, #6 Exhibit 6, Notice of Hearing) (Rakes, Kenzie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
