Phelps v. County of Franklin et al
Plaintiff: Charles Phelps
Defendant: John Doe Detention Officers, Southern Health Partners, Inc., RLI Insurance Company, Sheriff Kent Winstead, County of Franklin and John and Jane Doe
Case Number: 5:2020ct03286
Filed: September 4, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2020 Filing 23 Consent MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Franklin. (Attachments: #1 Text of Proposed Order) (Castro, Brian)
November 2, 2020 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #23 Consent MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Poole, A)
November 2, 2020 TEXT ORDER granting Defendant Franklin County's Consent Motion for Extension of Time #23 . For good cause shown, it is ordered that this defendant has up to and including November 20, 2020, within which to file its reply in support of the Motion to Dismiss #10 . Signed by Peter A. Moore, Jr., Clerk of Court on 11/2/2020. (Hockaday, A.)
October 23, 2020 Filing 22 RESPONSE in Opposition regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles Phelps. (Bullard, Lindsey)
October 20, 2020 Filing 21 Summons Issued as to RLI Insurance Company, c/o Mike Causey, Commissioner of Insurance and Franklin County Sheriff Kent Winstead. (Poole, A)
October 19, 2020 Filing 20 PETITION for Issuance of Summons to RLI Insurance Company filed by Plaintiff Charles Phelps (Bullard, Lindsey)
October 19, 2020 Filing 19 PETITION for Issuance of Summons to Franklin County Sheriff Kent Winstead filed by Plaintiff Charles Phelps (Bullard, Lindsey)
September 30, 2020 Filing 18 Memorandum in Support regarding #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Southern Health Partners, Inc.. (Attachments: #1 Exhibit Exhibit A - Summons and Complaint) (Johnson, Terra)
September 30, 2020 Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Southern Health Partners, Inc.. (Johnson, Terra)
September 25, 2020 TEXT ORDER granting Plaintiff's Consent Motion for Extension of Time #16 . For good cause shown, it is ordered that Plaintiff has up to and including October 23, 2020, within which to respond to the Motion to Dismiss #10 . Signed by Peter A. Moore, Jr., Clerk of Court on 9/25/2020. (Hockaday, A.)
September 25, 2020 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #16 MOTION for Extension of Time to File Response as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Poole, A)
September 18, 2020 Filing 16 MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles Phelps. (Attachments: #1 Text of Proposed Order) (Bullard, Lindsey)
September 15, 2020 Opinion or Order Filing 15 Order Redesignating Division to Western Division Prisoner Civil Rights. The Honorable Terrence W. Boyle, Chief United States District Judge, will remain the presiding judge. All future documents shall reflect the new case number of 5:20-CT-3286-BO. No further filing shall be made in 5:20-CV-475-BO. Signed by Peter A. Moore, Jr., Clerk of Court on 9/15/2020. (Stouch, L.)
September 14, 2020 Filing 14 Notice of Appearance filed by Stanley B. Green on behalf of All Plaintiffs. (Green, Stanley)
September 14, 2020 Filing 13 Notice of Appearance filed by Dawn T. Mistretta on behalf of All Plaintiffs. (Mistretta, Dawn)
September 14, 2020 Filing 12 Notice of Appearance filed by Lindsey Bullard on behalf of All Plaintiffs. (Bullard, Lindsey)
September 11, 2020 Filing 11 Memorandum in Support regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Franklin. (Attachments: #1 Exhibit Summons and Complaint) (Castro, Brian)
September 11, 2020 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Franklin. (Castro, Brian)
September 10, 2020 TEXT ORDER granting Defendant Southern Health Partners, Inc.'s Motion for Extension of Time #9 . For good cause shown and with the consent of Plaintiff, it is ordered that this defendant has up to and including October 14, 2020, within which to answer or otherwise respond to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 9/10/2020. (Hockaday, A.)
September 10, 2020 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #9 MOTION for Extension of Time to File Answer or Other Responsive Pleadings to Complaint. (Waddell, K.)
September 9, 2020 Filing 9 MOTION for Extension of Time to File Answer or Other Responsive Pleadings to Complaint filed by Southern Health Partners, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time to File Responsive Pleadings) (Johnson, Terra)
September 9, 2020 Filing 8 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Counsel for Plaintiff, Dawn T. Mistretta, Stanley B. Green, Lindsey A. Bullard of Strauch, Green & Mistretta, P.C. at 911 Paverstone Dr., Suite F, Raleigh, NC 27615 and Counsel for the County of Franklin, Brian Castro of Womble Bond Dickerson, LLP at One West 4th Street, Winston Salem, NC 27101 mailed via US Mail on September 9, 2020. (Rudd, D.)
September 9, 2020 Filing 7 Financial Disclosure Statement by County of Franklin (Castro, Brian)
September 9, 2020 Filing 6 Notice of Appearance filed by Brian F. Castro on behalf of County of Franklin. (Castro, Brian)
September 8, 2020 Filing 5 Notice of Appearance filed by Jay C. Salsman on behalf of Southern Health Partners, Inc.. (Salsman, Jay)
September 8, 2020 Filing 4 Financial Disclosure Statement by Southern Health Partners, Inc. (Johnson, Terra)
September 8, 2020 Filing 3 Certificate of Service filed by Southern Health Partners, Inc. regarding #2 Notice of Appearance . (Johnson, Terra)
September 4, 2020 Filing 2 Notice of Appearance filed by Terra Nicole Johnson on behalf of Southern Health Partners, Inc.. (Johnson, Terra)
September 4, 2020 Filing 1 NOTICE OF REMOVAL by Southern Health Partners, Inc. from Franklin County Court of Justice, Superior Court Division, case number 20-CVS-715. ( Filing fee $ 400 receipt number 0417-5605138), filed by Southern Health Partners, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Supplemental Removal Cover Sheet, #3 Exhibit Exhibit A - State Court Summons and Complaint, #4 Exhibit Exhibit B - Notice to State Court for Removal) (Johnson, Terra)

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Defendant: John Doe Detention Officers
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Defendant: Southern Health Partners, Inc.
Represented By: Terra Nicole Johnson
Represented By: Jay C. Salsman
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Defendant: RLI Insurance Company
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Defendant: Sheriff Kent Winstead
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Defendant: County of Franklin
Represented By: Brian F. Castro
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Defendant: John and Jane Doe
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Plaintiff: Charles Phelps
Represented By: Lindsey Bullard
Represented By: Stanley B. Green
Represented By: Dawn T. Mistretta
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