Union County Board of Education v. Folwell et al
Plaintiff: Union County Board of Education
Defendant: Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Dale Folwell and Thomas Causey
Case Number: 5:2019cv00370
Filed: August 23, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2019 Opinion or Order TEXT ORDER - Where defendants have filed a motion to dismiss, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order regarding planning and scheduling. Unless a party raises objection to a stay of these activities pending completion of briefing on the motion now at issue, and decision thereon by this court, in filing due within 14 days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendants' motion. Signed by District Judge Louise Wood Flanagan on 10/4/2019. (Collins, S.)
October 4, 2019 Filing 16 Memorandum in Support regarding #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Standing filed by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell. (Attachments: #1 Exhibit 1: Legislative Retirement Note, #2 Exhibit 2: Superior Court Complaint 16 CVS 7486, #3 Exhibit 3: OAH Petition 19 DST 3425) (Murphy, Katherine)
October 4, 2019 NOTICE OF DEFICIENCY regarding #15 Memorandum in Support. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit 1" is not a sufficient description). Counsel is directed to refile. (Collins, S.)
October 3, 2019 Filing 15 **CORRECTED AND REFILED AT #16 ** Memorandum in Support regarding #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and lack of standing filed by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Murphy, Katherine) Modified on 10/4/2019 (Collins, S.).
October 3, 2019 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell. (Murphy, Katherine)
September 11, 2019 Filing 13 Notice of Appearance filed by Michael Crowell on behalf of Union County Board of Education. (Crowell, Michael)
September 4, 2019 Filing 12 Notice of Appearance filed by Lindsay V. Smith on behalf of Union County Board of Education. (Smith, Lindsay)
September 4, 2019 Filing 11 Financial Disclosure Statement by Union County Board of Education (Stagner, Deborah)
September 4, 2019 Filing 10 Notice of Appearance filed by Deborah R. Stagner on behalf of Union County Board of Education. (Stagner, Deborah)
August 29, 2019 Opinion or Order Filing 9 ORDER granting #2 Motion for Extension of Time to Answer regarding #1 Notice of Removal. Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, and Dale Folwell answer due 10/3/2019. Signed by Peter A. Moore, Jr., Clerk of Court on 8/28/2019. (Collins, S.)
August 28, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #2 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Collins, S.)
August 26, 2019 Filing 8 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel Michael Crowell at 1011 Brace LaneChapel Hill, NC 27516; Deborah Stagner and Lindsay V. Smith of Tharrington Smith LLP at P. O. Box 1151, Raleigh, NC 27602-1151 mailed via US Mail on August 26, 2019. (Rudd, D.)
August 26, 2019 Filing 7 Notice filed by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell regarding #1 Notice of Removal, Exhibit C to Petition for Removal. (Murphy, Katherine)
August 26, 2019 Filing 6 Notice filed by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell regarding #1 Notice of Removal, Supp. Removal Cover Sheet. (Murphy, Katherine)
August 26, 2019 Filing 5 Notice filed by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell regarding #1 Notice of Removal, Civil Cover Sheet. (Murphy, Katherine)
August 26, 2019 Filing 4 Notice of Appearance filed by Katherine A. Murphy on behalf of Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell. (Murphy, Katherine)
August 26, 2019 Filing 3 Financial Disclosure Statement by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell (Murphy, Katherine)
August 23, 2019 Filing 2 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, filed by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell. (Attachments: #1 Text of Proposed Order) (Murphy, Katherine)
August 23, 2019 Filing 1 NOTICE OF REMOVAL by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell from Wake County Superior Court, case number 19 CVS 10142. ( Filing fee $ 400 receipt number 0417-5076381), filed by Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, Thomas Causey, Dale Folwell. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons) (Murphy, Katherine)

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Defendant: Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina
Represented By: Katherine A. Murphy
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Defendant: Dale Folwell
Represented By: Katherine A. Murphy
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Defendant: Thomas Causey
Represented By: Katherine A. Murphy
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Plaintiff: Union County Board of Education
Represented By: Lindsay V. Smith
Represented By: Michael Crowell
Represented By: Deborah R. Stagner
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