Stafford et al v. Baker
Plaintiff: Kelly Stafford, Second Amendment Foundation, Grass Roots North Carolina and Firearms Policy Coalition, Inc.
Defendant: Gerald Baker
Case Number: 5:2020cv00123
Filed: March 27, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2020 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time to File Response regarding #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by 6/18/2020. Signed by District Judge Louise Wood Flanagan on 5/18/2020. (Collins, S.)
May 15, 2020 Filing 19 First MOTION for Extension of Time to File Response/Reply to Motion to Dismiss filed by Firearms Policy Coalition, Inc., Grass Roots North Carolina, Second Amendment Foundation, Kelly Stafford. (Attachments: #1 Text of Proposed Order Proposed Order on Motion) (DiGuiseppe, Raymond)
May 15, 2020 NOTICE OF DEFICIENCY regarding #18 Stipulation. Counsel must seek the court's leave by motion, together with a proposed order, to receive an extension of time to file a pleading. Refer to Local Civil Rule 6.1, available for viewing at our website, www.nced.uscourts.gov. (Collins, S.)
May 14, 2020 Filing 18 **CORRECTED AND REFILED AT #19 ** STIPULATION to Extend Time by Firearms Policy Coalition, Inc., Grass Roots North Carolina, Second Amendment Foundation, Kelly Stafford (Attachments: #1 Text of Proposed Order Proposed Order on Stipulation) (DiGuiseppe, Raymond) Modified on 5/18/2020 (Collins, S.).
April 29, 2020 Opinion or Order TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendant has filed a motion to dismiss, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motion filed 4/28/20. Signed by District Judge Louise Wood Flanagan on 4/29/2020. (Collins, S.)
April 28, 2020 Filing 17 Memorandum in Support regarding #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gerald Baker. (Attachments: #1 Exhibit 1 - Groo - 2nd Amended Complaint and Motion for TRO, #2 Exhibit 2 - Groo - Filed Consent Order) (Gessner, Paul)
April 28, 2020 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gerald Baker. (Gessner, Paul)
April 28, 2020 NOTICE OF DEFICIENCY regarding #14 Motion to Dismiss for Failure to State a Claim. 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.)
April 27, 2020 Filing 15 **CORRECTED AND REFILED AT #17 ** Memorandum in Support regarding #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gerald Baker. (Gessner, Paul) Modified on 4/28/2020 (Collins, S.).
April 27, 2020 Filing 14 **CORRECTED AND REFILED AT #16 ** MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gerald Baker. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Gessner, Paul) Modified on 4/28/2020 (Collins, S.).
April 21, 2020 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.)
April 8, 2020 Filing 13 Financial Disclosure Statement by Kelly Stafford (DiGuiseppe, Raymond)
April 8, 2020 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Kelly Stafford. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Collins, S.)
April 2, 2020 Filing 12 Financial Disclosure Statement by Gerald Baker (Gessner, Paul)
April 2, 2020 Filing 11 Waiver of Service Returned Executed filed by Gerald Baker. Gerald Baker waiver sent on 3/31/2020, answer due 5/30/2020. (Gessner, Paul)
April 2, 2020 Filing 10 Notice of Appearance filed by Paul Gerard Gessner on behalf of Gerald Baker. (Gessner, Paul)
April 2, 2020 Filing 9 Notice of Appearance filed by Adam J. Kraut on behalf of Firearms Policy Coalition, Inc., Grass Roots North Carolina, Second Amendment Foundation, Kelly Stafford. (Kraut, Adam)
March 30, 2020 NOTICE OF CORRECTION regarding: #8 Complaint Corrected. 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). The deputy clerk corrected the entry. No action by counsel is required, however, in future filings counsel should properly label exhibits. (Collins, S.)
March 27, 2020 Filing 8 COMPLAINT Corrected against Gerald Baker ( Filing fee $ 400 receipt number 0417-5371706.), filed by Kelly Stafford, Firearms Policy Coalition, Inc., Second Amendment Foundation, Grass Roots North Carolina. (Attachments: #1 Index, #2 Exhibit WECT News Article #3 Exhibit - 3/25/20 Notice #4 Exhibit - 3/26/20 Notice) (DiGuiseppe, Raymond) Modified on 3/30/2020 to label exhibits. (Collins, S.).
March 27, 2020 Filing 7 Notice of Appearance filed by Raymond Mark DiGuiseppe on behalf of Firearms Policy Coalition, Inc., Grass Roots North Carolina, Second Amendment Foundation, Kelly Stafford. (DiGuiseppe, Raymond)
March 27, 2020 Filing 6 Financial Disclosure Statement by Second Amendment Foundation. (DiGuiseppe, Raymond) Modified on 3/30/2020 to revise docket text. (Collins, S.).
March 27, 2020 Filing 5 Financial Disclosure Statement by Grass Roots North Carolina. (DiGuiseppe, Raymond) Modified on 3/30/2020 to revise docket text. (Collins, S.).
March 27, 2020 Filing 4 Financial Disclosure Statement by Firearms Policy Coalition, Inc. (DiGuiseppe, Raymond) Modified on 3/30/2020 to revise docket text. (Collins, S.).
March 27, 2020 Filing 3 Summons Issued as to Gerald Baker. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Collins, S.)
March 27, 2020 Filing 2 Notice filed by Firearms Policy Coalition, Inc., Grass Roots North Carolina, Second Amendment Foundation, Kelly Stafford regarding #1 Complaint, Proposed Summons. (DiGuiseppe, Raymond)
March 27, 2020 Filing 1 **CORRECTED AND REFILED AT #8 ** COMPLAINT against Gerald Baker ( Filing fee $ 400 receipt number 0417-5371706.), filed by Kelly Stafford, Firearms Policy Coalition, Inc., Second Amendment Foundation, Grass Roots North Carolina. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (DiGuiseppe, Raymond) Modified on 3/30/2020 (Collins, S.).
March 27, 2020 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Firearms Policy Coalition, Inc., Grass Roots North Carolina, Second Amendment Foundation, Kelly Stafford. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)
March 27, 2020 Notice to Counsel regarding: #2 Notice - other Proposed Summons. Counsel is reminded that the filing user must lock or "flatten" the PDF document. Failure to flatten documents may result in the clerk's office issuing a notice of deficiency. Counsel should "flatten" the proposed summons 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.)
March 27, 2020 NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel should refile the complaint and each exhibit should be attached separately and described 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 the subsequent documents. (Rudd, D.)
March 27, 2020 Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)

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Plaintiff: Kelly Stafford
Represented By: Raymond Mark DiGuiseppe
Represented By: Adam J. Kraut
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Plaintiff: Second Amendment Foundation
Represented By: Raymond Mark DiGuiseppe
Represented By: Adam J. Kraut
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Plaintiff: Grass Roots North Carolina
Represented By: Raymond Mark DiGuiseppe
Represented By: Adam J. Kraut
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Plaintiff: Firearms Policy Coalition, Inc.
Represented By: Raymond Mark DiGuiseppe
Represented By: Adam J. Kraut
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Defendant: Gerald Baker
Represented By: Paul Gerard Gessner
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