Atkinson v. The City of Fayetteville et al
| Gerard Atkinson |
| David Miller, Bernard Condlin, Esq., The City of Fayetteville, Patrick Strickland, Antoine Kincaid, Tressa S Augburns, Gabriel Rincon, Dylan Kettell, The Office of Indigent Defense Services and W David Smith, Esq. |
| 5:2020cv00351 |
| July 2, 2020 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 37 Notice of Voluntary Dismissal filed by Gerard Atkinson as to THE CITY OF FAYTTEVILLE, ANTOINE KINCAID, TRESSA S. AUGBURNS, DYLAN KETTELL, GABRIEL RINCON, PATRICK STRICKLAND, and DAVID MILLER. (Porter, Michael) |
| Notice to Counsel regarding: #36 PROPOSED SEALED Document. Pursuant to Local Rule 10.1, all pleadings must be double spaced. Counsel is directed to refile. Further, pursuant to Local Rule 79.1 and the CM/ECF Policy and Procedures Manual regarding proposed sealed documents, counsel must file either a motion to seal the proposed sealed document or a public notice of filing. (Stouch, L.) |
| Filing 36 PROPOSED SEALED Document: (Selected Participants Only)by Michael Porter / Plaintiff (available to: Plaintiff Gerard Atkinson, Defendants Tressa S Augburns, Bernard Condlin, Esq, Dylan Kettell, Antoine Kincaid, David Miller, Gabriel Rincon, W David Smith, Esq, Patrick Strickland, The City of Fayetteville). (Porter, Michael) |
| Filing 35 RESPONSE in Opposition regarding #32 MOTION for Extension of Time to File a Response to Defendant Kincade's Motion to Dismiss, and a Motion for Extension of Time to File an Amended Complaint filed by Antoine Kincaid. (Attachments: #1 Index, #2 Exhibit Amended Complaint, #3 Exhibit Affidavit of Kincade, #4 Exhibit Affidavit of Hawkins, #5 Exhibit Affidavit of West, #6 Exhibit Porter Law Firm FB, #7 Exhibit Noble Law Firm FB, #8 Exhibit Sun Journal Article, #9 Exhibit Fayetteville Observer Article, #10 Exhibit military.com Article, #11 Exhibit Cumberland County News Article, #12 Exhibit News Observer Article, #13 Exhibit Fox 8 Article, #14 Exhibit Charlotte Observer Article, #15 Exhibit WRAL Investigates Article, #16 Exhibit the-dispatch.com Article, #17 Exhibit WRAL FB Post) (Collier, Clay) |
| Filing 34 Memorandum in Support regarding #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In Lieu of An Answer filed by Dylan Kettell. (Hart, Scott) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In Lieu of An Answer filed by Dylan Kettell. (Hart, Scott) |
| Motions No Longer Referred: #32 MOTION for Extension of Time to File a Response to Defendant Kincade's Motion to Dismiss, and a Motion for Extension of Time to File an Amended Complaint. (Stouch, L.) |
| Motion Referred to US Magistrate Judge Peter A. Moore, Jr., Clerk of Court regarding #32 MOTION for Extension of Time to File a Response to Defendant Kincade's Motion to Dismiss, and a Motion for Extension of Time to File an Amended Complaint. (Stouch, L.) |
| Filing 32 MOTION for Extension of Time to File a Response to Defendant Kincade's Motion to Dismiss, and a Motion for Extension of Time to File an Amended Complaint filed by Gerard Atkinson. (Attachments: #1 Text of Proposed Order) (Porter, Michael) |
| Filing 31 Notice of Appearance filed by Reed Norman Noble on behalf of Gerard Atkinson. (Noble, Reed) |
| REMINDER TO COUNSEL. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.) |
| Filing 30 Memorandum in Support regarding #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tressa S Augburns, David Miller, Gabriel Rincon, Patrick Strickland, The City of Fayetteville. (Attachments: #1 Exhibit A, plaintiff's guilty plea, #2 Exhibit B, magistrate's order) (Thornton, James) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tressa S Augburns, David Miller, Gabriel Rincon, Patrick Strickland, The City of Fayetteville. (Attachments: #1 Affidavit of City Manager Douglas Hewett) (Thornton, James) |
| Filing 28 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Complaint filed by Dylan Kettell. (Attachments: #1 Text of Proposed Order Proposed Order) (Hart, Scott) |
| Filing 27 Notice of Voluntary Dismissal filed by Gerard Atkinson as to W. David Smith, Bernard Condlin The Office of Indigent Defense Services. (Porter, Michael) |
| Filing 26 Notice regarding #1 Notice of Removal and requirement to file a Notice of Self Representation and a Notice of Appearance sent to Plaintiff's Counsel Michael R. Porter 5851 Ramsey Street, Fayetteville, NC 28311 and Reed N. Noble 5114 Yadkin Road, Suite 100, Fayetteville, NC 28303. (Stouch, L.) |
| Filing 25 Notice of Appearance filed by Michael Raymond Porter on behalf of All Plaintiffs. (Porter, Michael) |
| Filing 24 Memorandum in Support regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Antoine Kincaid. (Blanchard, Norwood) |
| ***Disregard: Failed to attach notice.*** Notice to Counsel regarding: #1 Notice of Removal and requirement to file a Notice of Self Representation and a Notice of Appearance sent to Plaintiff's Counsel Michael R. Porter 5851 Ramsey Street, Fayetteville, NC 28311 and Reed N. Noble 5114 Yadkin Road, Suite 100, Fayetteville, NC 28303. (Stouch, L.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #22 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, #17 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Stouch, L.) |
| TEXT ORDER granting the Motion for Extension of Time #17 filed by Defendants Tressa S. Augburns, David Miller, Gabriel Rincon, Patrick Strickland, and the City of Fayetteville and the Motion for Extension of Time #28 filed by Defendant Dylan Kettell. For good cause shown, Defendants Tressa S. Augburns, David Miller, Gabriel Rincon, Patrick Strickland, and the City of Fayetteville have up to and including July 30, 2020, within which to answer or otherwise respond to the Complaint. Defendant Dylan Kettell has up to and including August 13, 2020, within which to answer or otherwise respond to the Complaint. The Motion for Extension of Time #22 filed by Defendants Bernard Condlin, W. David Smith and The Office of Indigent Services is DENIED as moot. Signed by Peter A. Moore, Jr., Clerk of Court on 7/8/2020. (Hockaday, A.) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Antoine Kincaid. (Blanchard, Norwood) |
| Filing 22 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, filed by Bernard Condlin, Esq, W David Smith, Esq, The Office of Indigent Defense Services. (Attachments: #1 Exhibit Plaintiff's Complaint, #2 Exhibit Notice of Appearance, #3 Text of Proposed Order Proposed Order) (O'Brien, Elizabeth) |
| Filing 21 Financial Disclosure Statement by The Office of Indigent Defense Services (O'Brien, Elizabeth) |
| Filing 20 Financial Disclosure Statement by W David Smith, Esq (O'Brien, Elizabeth) |
| Filing 19 Financial Disclosure Statement by Bernard Condlin, Esq (O'Brien, Elizabeth) |
| Filing 18 Notice of Appearance filed by Elizabeth Curran O'Brien on behalf of Bernard Condlin, Esq, W David Smith, Esq, The Office of Indigent Defense Services. (O'Brien, Elizabeth) |
| Filing 17 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, filed by Tressa S Augburns, David Miller, Gabriel Rincon, Patrick Strickland, The City of Fayetteville. (Attachments: #1 Text of Proposed Order Granting Extension of Time to Serve a Responsive Pleading) (Thornton, James) |
| Filing 16 Notice of Appearance filed by Ryan David Eubanks on behalf of Dylan Kettell. (Eubanks, Ryan) |
| Filing 15 Notice of Appearance filed by Frederick Hughes Bailey, III on behalf of Dylan Kettell. (Bailey, Frederick) |
| Filing 14 Financial Disclosure Statement by Dylan Kettell (Hart, Scott) |
| Filing 13 Notice of Appearance filed by Scott C. Hart on behalf of Dylan Kettell. (Hart, Scott) |
| Filing 12 Notice of Appearance filed by Norwood P. Blanchard, III on behalf of Antoine Kincaid. (Blanchard, Norwood) |
| Filing 11 Financial Disclosure Statement by Antoine Kincaid (Collier, Clay) |
| Filing 10 Notice of Appearance filed by Clay Allen Collier on behalf of Antoine Kincaid. (Collier, Clay) |
| Filing 9 Notice of Appearance filed by Michael Rose Whyte on behalf of Tressa S Augburns, David Miller, Gabriel Rincon, Patrick Strickland, The City of Fayetteville. (Whyte, Michael) |
| Filing 8 Notice of Appearance filed by Karen M. McDonald on behalf of Tressa S Augburns, David Miller, Gabriel Rincon, Patrick Strickland, The City of Fayetteville. (McDonald, Karen) |
| Filing 7 Financial Disclosure Statement by Patrick Strickland (Thornton, James) |
| Filing 6 Financial Disclosure Statement by Gabriel Rincon (Thornton, James) |
| Filing 5 Financial Disclosure Statement by David Miller (Thornton, James) |
| Filing 4 Financial Disclosure Statement by Tressa S Augburns (Thornton, James) |
| Filing 3 Financial Disclosure Statement by The City of Fayetteville (Thornton, James) |
| Filing 2 Notice of Appearance filed by James C. Thornton on behalf of Tressa S Augburns, David Miller, Gabriel Rincon, Patrick Strickland, The City of Fayetteville. (Thornton, James) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Superior Court, Cumberland County, case number 20 CVS 140. ( Filing fee $ 400 receipt number 0417-5500373), filed by All Defendants. (Attachments: #1 Civil Cover Sheet, #2 Supplement Removal Cover Sheet, #3 Exhibit A, Complaint and Summonses, #4 Exhibit B, Notice to State Court of Removal) (Thornton, James) |
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