Porter v. Board of Trustees of North Carolina State University et al
| Stephen R. Porter |
| Board of Trustees of North Carolina State University, Mr. W. Randolph Woodson, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee and Penny A. Pasque |
| 5:2021cv00365 |
| September 14, 2021 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
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Filing 27
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that defendants' motion to dismiss [DE 15] is GRANTED and plaintiff's complaint is DISMISSED in its entirety. Plaintiff's motion for leave to file a sur-reply [DE 24] is GRANTED. This case is closed. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 6/17/2022. (Stouch, L.)
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Filing 26
ORDER granting #24 Motion for Leave to File sur-reply and granting #15 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Terrence W. Boyle on 6/15/2022. (Stouch, L.)
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Motion Submitted to District Judge Terrence W. Boyle regarding #24 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss. (Stouch, L.)
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Filing 25
RESPONSE in Opposition regarding #24 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss filed by Board of Trustees of North Carolina State University, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee, Penny A. Pasque, W. Randolph Woodson. (Totten, Vanessa)
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Filing 24
MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss filed by Stephen R. Porter. (Attachments: #1 Exhibit Exhibit 1 - Proposed Sur-Reply, #2 Exhibit Exhibit 2 - Proposed Order Granting Motion for Leave) (Harris, Samantha)
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Motion Submitted to District Judge Terrence W. Boyle regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Stouch, L.)
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Filing 23
REPLY to Response to Motion regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Board of Trustees of North Carolina State University, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee, Penny A. Pasque, W. Randolph Woodson. (Totten, Vanessa)
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Filing 22
RESPONSE to Motion regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stephen R. Porter. (Harris, Samantha)
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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.)
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Filing 21
ORDER granting #18 Motion to Stay. In the event Defendants Motion to Dismiss is denied in whole or in part, the parties are hereby ordered to file a report pursuant to Fed. R. Civ. P. 26(f) within 30 days of the entryof the Courts order resolving Defendants Motion to Dismiss. Signed by Magistrate Judge Brian S. Meyers on 12/13/2021. (Stouch, L.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #20 Joint MOTION for Extension of Time to File Response as to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Stouch, L.)
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Motion Referred to US Magistrate Judge Brian S. Meyers regarding #18 Joint MOTION to Stay regarding #17 Order for Discovery Plan. (Stouch, L.)
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TEXT ORDER granting the parties' Joint Motion for Extension of Time #20 . For good cause shown, it is ordered that plaintiff has up to and including January 18, 2022, within which to respond to the Motion to Dismiss #15 . Defendants have up to and including March 3, 2022, within which to file a reply. Signed by Peter A. Moore, Jr., Clerk of Court on 12/6/2021. (Hockaday, A.)
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Filing 20
Joint MOTION for Extension of Time to File Response/Reply as to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stephen R. Porter. (Attachments: #1 Text of Proposed Order) (Vogel, Jonathan)
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Filing 19
Memorandum in Support regarding #18 Joint MOTION to Stay regarding #17 Order for Discovery Plan filed by Board of Trustees of North Carolina State University, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee, Penny A. Pasque, W. Randolph Woodson. (Totten, Vanessa)
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Filing 18
Joint MOTION to Stay regarding #17 Order for Discovery Plan filed by Board of Trustees of North Carolina State University, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee, Penny A. Pasque, W. Randolph Woodson. (Attachments: #1 Text of Proposed Order Joint Motion to Stay Order) (Totten, Vanessa)
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Filing 17
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 11/23/2021. (Waddell, K.)
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Filing 16
Memorandum in Support regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Board of Trustees of North Carolina State University, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee, Penny A. Pasque, W. Randolph Woodson. (Totten, Vanessa)
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Filing 15
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Board of Trustees of North Carolina State University, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee, Penny A. Pasque, W. Randolph Woodson. (Attachments: #1 Exhibit A - Blog Post) (Totten, Vanessa)
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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. (Sellers, N.)
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Filing 14
Notice of Special Appearance for non-district by Samantha K. Harris on behalf of Stephen R. Porter. (Harris, Samantha)
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Filing 13
Waiver of Service Returned Executed filed by W. Randolph Woodson. W. Randolph Woodson waiver sent on 9/27/2021, answer due 11/26/2021. (Harris, Samantha)
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Filing 12
Waiver of Service Returned Executed filed by Penny A. Pasque. Penny A. Pasque waiver sent on 9/27/2021, answer due 11/26/2021. (Harris, Samantha)
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Filing 11
Waiver of Service Returned Executed filed by Mary Ann Danowitz. Mary Ann Danowitz waiver sent on 9/27/2021, answer due 11/26/2021. (Harris, Samantha)
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Filing 10
Waiver of Service Returned Executed filed by Joy Gaston Gayles. Joy Gaston Gayles waiver sent on 9/27/2021, answer due 11/26/2021. (Harris, Samantha)
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Filing 9
Waiver of Service Returned Executed filed by John K. Lee. John K. Lee waiver sent on 9/27/2021, answer due 11/26/2021. (Harris, Samantha)
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Filing 8
Waiver of Service Returned Executed filed by Board of Trustees of North Carolina State University. Board of Trustees of North Carolina State University waiver sent on 9/27/2021, answer due 11/26/2021. (Harris, Samantha)
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Filing 7
Notice of Appearance filed by Kari R. Johnson on behalf of Board of Trustees of North Carolina State University, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee, Penny A. Pasque, W. Randolph Woodson. (Johnson, Kari)
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Filing 6
Notice of Appearance filed by Vanessa N. Totten on behalf of Board of Trustees of North Carolina State University, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee, Penny A. Pasque, W. Randolph Woodson. (Totten, Vanessa)
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Filing 5
Summons Issued as to Board of Trustees of North Carolina State University, Mary Ann Danowitz, Joy Gaston Gayles, John K. Lee, Penny A. Pasque, W. Randolph Woodson. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
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Notice to Counsel regarding: #4 Financial Disclosure Statement. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the financial disclosure statement) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
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NOTICE OF DEFICIENCY regarding #3 Notice of Special Appearance. Pursuant to Local Rule 83.1(e)(1), the Special Appearance Attorney must complete the "electronic filing attorney registration form" and comply with Section IV.D of the Policy Manual. Once Counsel receives their login and password, they must file their notice of special appearance so that they will be added to the docket and be able to receive notices of electronic filing "NEF's". (Rudd, D.)
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Filing 4
Financial Disclosure Statement by Stephen R. Porter (Vogel, Jonathan) (Main Document 4 flattened and replaced on 9/22/2021) (Edwards, S.).
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Filing 3
Notice of Special Appearance for non-district by Jonathan A. Vogel on behalf of Stephen R. Porter. (Vogel, Jonathan)
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Filing 2
Notice of Appearance filed by Jonathan A. Vogel on behalf of Stephen R. Porter. (Vogel, Jonathan)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0417-6230286.), filed by Stephen R. Porter. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Board of Trustees of North Carolina State University, #3 Proposed Summons W. Randolph Woodson, #4 Proposed Summons Mary Ann Danowitz, #5 Proposed Summons Joy Gaston Gayles, #6 Proposed Summons John K. Lee, #7 Proposed Summons Penny A. Pasque) (Vogel, Jonathan)
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