Matemu v. Brienzi et al
Plaintiff: Japheth N. Matemu
Defendant: Thomas Brienzi, Brian Tew, Traci Matemu, Town of Holly Springs and John Herring
Case Number: 5:2019cv00380
Filed: August 28, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2019 Filing 41 REPLY to Response to Motion regarding #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Thomas Brienzi, Brian Tew. (Hartzog, Dan)
October 18, 2019 Filing 40 RESPONSE in Opposition regarding #25 MOTION to Amend/Correct #21 Amended Complaint filed by Thomas Brienzi, John Herring, Brian Tew, Town of Holly Springs. (Hartzog, Dan)
October 18, 2019 Filing 39 RESPONSE in Opposition regarding #23 MOTION to Remand filed by Thomas Brienzi, John Herring, Brian Tew, Town of Holly Springs. (Hartzog, Dan)
October 18, 2019 Filing 38 Memorandum in Support regarding #37 MOTION to Strike #21 Amended Complaint filed by Thomas Brienzi, John Herring, Brian Tew, Town of Holly Springs. (Hartzog, Dan)
October 18, 2019 Filing 37 MOTION to Strike #21 Amended Complaint filed by Thomas Brienzi, John Herring, Brian Tew, Town of Holly Springs. (Hartzog, Dan)
October 18, 2019 Filing 36 Notice of Appearance filed by Michael B. Cohen on behalf of John Herring, Town of Holly Springs. (Cohen, Michael)
October 18, 2019 Filing 35 Notice of Appearance filed by Dan McCord Hartzog, Jr on behalf of John Herring, Town of Holly Springs. (Hartzog, Dan)
October 11, 2019 Filing 34 Document: Summons returned by the Wake County Sheriff's Office as to John Herring. (Attachments: #1 Envelope) (Stouch, L.)
October 11, 2019 Filing 33 Document: Summons returned by the Wake County Sheriff's Office as to Linda McKinney, Town Clerk of the Town of Holly Springs. (Attachments: #1 Envelope) (Stouch, L.)
October 9, 2019 Filing 32 Memorandum in Support of Opposition to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Japheth N. Matemu. (Attachments: #1 Exhibit 1 - Order of Arrest, #2 Exhibit 2 - Warrant for Arrest, #3 Exhibit 3 - Order Setting Aside Domestic Violence Order) (Stouch, L.)
October 9, 2019 Filing 31 RESPONSE in Opposition regarding #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Japheth N. Matemu. (Stouch, L.)
October 7, 2019 Filing 30 Rule 12 Letter Issued to Japheth N. Matemu as to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint. Response due by 10/25/2019. Copy sent via CM/ECF Notice of Electronic Filing. (Stouch, L.)
October 4, 2019 Filing 29 Memorandum in Support regarding #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Thomas Brienzi, Brian Tew. (Hartzog, Dan)
October 4, 2019 Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Thomas Brienzi, Brian Tew. (Hartzog, Dan)
October 3, 2019 Filing 27 Summons Reissued as to Thomas Brienzi, John Herring, Brian Tew, and Linda McKinney. *Summonses issued at intake.* (Stouch, L.)
October 3, 2019 Filing 26 Memorandum in Support regarding #25 MOTION to Amend/Correct #21 Amended Complaint filed by Japheth N. Matemu. (Stouch, L.)
October 3, 2019 Filing 25 MOTION to Amend #21 Amended Complaint filed by Japheth N. Matemu. (Attachments: #1 Proposed Third Amended Complaint) (Stouch, L.)
September 27, 2019 Filing 24 Memorandum in Support regarding #23 MOTION to Remand filed by Japheth N. Matemu. (Stouch, L.)
September 27, 2019 Filing 23 MOTION to Remand filed by Japheth N. Matemu. (Stouch, L.)
September 27, 2019 Filing 22 Financial Disclosure Statement filed by Japheth N. Matemu. (Stouch, L.)
September 27, 2019 Filing 21 AMENDED COMPLAINT against Thomas Brienzi, Traci Matemu, Brian Tew, John Herring, Town of Holly Springs filed by Japheth N. Matemu. (Stouch, L.)
September 25, 2019 Motion Submitted to Chief Judge Terrence W. Boyle regarding #15 First MOTION for Extension of Time to File Answer , #13 MOTION for Entry of Default. (Stouch, L.)
September 23, 2019 Notice of Pro Se E-Noticing - Pro se party Japheth N. Matemu has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. All documents filed in CM-ECF will be served on this party via email pursuant to Rule 5 of the Federal Rules of Civil Procedure and Local Civil Rule 5.1. (Stouch, L.)
September 17, 2019 Filing 20 Memorandum in Support of Defendant's Motion for Extension of Time filed by Traci Matemu. (Attachments: #1 Affidavit Exhibit A) (Thomas, Samuel)
September 17, 2019 Filing 19 Financial Disclosure Statement by Traci Matemu (Thomas, Samuel)
September 9, 2019 Filing 18 Financial Disclosure Statement filed by Japheth N. Matemu. (Stouch, L.)
September 9, 2019 Filing 17 Notice of Self-Representation filed by Japheth N. Matemu (Attachments: #1 Cover Letter, #2 Envelope) (Stouch, L.)
September 9, 2019 Filing 16 RESPONSE in Opposition regarding #15 First MOTION for Extension of Time to File Answer filed by Japheth N. Matemu. (Attachments: #1 Memorandum, #2 Proposed Order) (Stouch, L.)
September 6, 2019 Filing 15 First MOTION for Extension of Time to File Answer filed by Traci Matemu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Thomas, Samuel)
September 6, 2019 Filing 14 Notice of Appearance filed by Samuel B. Thomas on behalf of Traci Matemu. (Thomas, Samuel)
September 5, 2019 Filing 13 MOTION for Entry of Default against Traci Matemu filed by Japheth N. Matemu. (Attachments: #1 Affidavit, #2 State Court Complaint, #3 State Court Complaint, #4 State Court Summons, #5 Proposed Order) (Stouch, L.)
September 5, 2019 Filing 12 Financial Disclosure Statement filed by Japheth N. Matemu. (Stouch, L.)
September 5, 2019 Filing 11 Notice of Self-Representation filed by Japheth N. Matemu (Stouch, L.)
September 3, 2019 Opinion or Order Filing 10 ORDER granting #9 Motion for Extension of Time to Answer. Thomas Brienzi answer due 10/4/2019; Brian Tew answer due 10/4/2019. Signed by Peter A. Moore, Jr., Clerk of Court on 9/3/2019. Copy sent via US Mail to Japheth Matemu at 5640 Six Forks Road, Suite 201, Raleigh, NC 27609. (Love, L.)
September 3, 2019 Filing 9 MOTION for Extension of Time to File Answer or Otherwise Plead filed by Thomas Brienzi, Brian Tew. (Attachments: #1 Text of Proposed Order) (Hartzog, Dan)
September 3, 2019 Filing 8 Notice regarding #1 Notice of Removal and requirement to file a Notice of Self Representation and a Notice of Appearance sent to Pro Se Plaintiff Japheth Matemu at 5640 Six Forks Road, Suite 201, Raleigh, NC 27609 and Defendant's Counsel Jonathan McCollum at 204 New Edition Court, Cary, NC 27511 sent via US mail on September 3, 2019. (Rudd, D.)
September 3, 2019 Notice to Counsel regarding: #4 Notice - other Civil Cover Sheet, #5 Notice - other Supplemental Removal Cover Sheet. Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the civil cover sheet and the supplemental removal cover sheet prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed at this time. (Rudd, D.)
September 3, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #9 MOTION for Extension of Time to File Answer or Otherwise Plead. (Stouch, L.)
August 28, 2019 Filing 7 Financial Disclosure Statement by Brian Tew (Hartzog, Dan)
August 28, 2019 Filing 6 Financial Disclosure Statement by Thomas Brienzi (Hartzog, Dan)
August 28, 2019 Filing 5 Notice filed by Thomas Brienzi, Brian Tew Supplemental Removal Cover Sheet. (Hartzog, Dan)
August 28, 2019 Filing 4 Notice filed by Thomas Brienzi, Brian Tew Civil Cover Sheet. (Hartzog, Dan)
August 28, 2019 Filing 3 Notice of Appearance filed by Michael B. Cohen on behalf of Thomas Brienzi, Brian Tew. (Cohen, Michael)
August 28, 2019 Filing 2 Notice of Appearance filed by Dan McCord Hartzog, Jr on behalf of Thomas Brienzi, Brian Tew. (Hartzog, Dan)
August 28, 2019 Filing 1 NOTICE OF REMOVAL by Thomas Brienzi, Brian Tew from Wake County Superior Court, case number 19 CV 010264. ( Filing fee $ 400 receipt number 0417-5082577), filed by Thomas Brienzi, Brian Tew. (Attachments: #1 Exhibit Summonses and Complaint, #2 Exhibit B - Amended Complaint, #3 Exhibit C - State Court Notice of Removal to Federal Court) (Hartzog, Dan)

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Defendant: Thomas Brienzi
Represented By: Dan McCord Hartzog, Jr.
Represented By: Michael B. Cohen
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Defendant: Brian Tew
Represented By: Dan McCord Hartzog, Jr.
Represented By: Michael B. Cohen
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Defendant: Traci Matemu
Represented By: Samuel B. Thomas
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Defendant: Town of Holly Springs
Represented By: Michael B. Cohen
Represented By: Dan McCord Hartzog, Jr.
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Defendant: John Herring
Represented By: Michael B. Cohen
Represented By: Dan McCord Hartzog, Jr.
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Plaintiff: Japheth N. Matemu
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