McKiver et al v. Murphy-Brown, LLC
| Joyce McKiver, Delois Lewis, Dennis McKiver, Jr., LaJune Jessup, Daphne McKoy, Alexandria McKoy, Antonio Kevin McKoy, Don Lloyd, Archie Wright, Jr., Teresa Lloyd, Tammy Lloyd, Tanechia Lloyd, Deborah Johnson, Ethel Davis, Priscilla Dunham, Carl Lewis, Annette McKiver, Karen McKiver, Brionna McKiver, Edward Owens, Daisy Lloyd, A. (daughter) and A. (son) |
| Murphy-Brown, LLC doing business as Smithfield Hog Production Division |
| 7:2014cv00180 |
| August 21, 2014 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| BLADEN |
| W Earl Britt |
| Other Personal Injury |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 374 STIPULATION of Dismissal with Prejudice and Notice of Satisfaction of Judgment) by Alexandria McKoy (Hughes, John) |
| Filing 373 WITHDRAWAL of Motion by Alexandria McKoy. regarding #365 MOTION for Order Approving Minor Settlement filed by Daphne McKoy (Hughes, John) |
| Remark - A copy of #373 notice of withdrawal of motion and #374 stipulation of dismissal submitted to Senior Judge W. Earl Britt. (Rudd, D.) |
Filing 372
ORDER Setting Hearing on Motion - #365 MOTION for Order Approving Minor Settlement: Motion Hearing set for 5/25/2021 at 10:00 AM in Raleigh - 7th Floor - Courtroom 1 before Senior Judge W. Earl Britt. Signed by Senior Judge W. Earl Britt on 5/17/2021. (Rudd, D.)
|
|
Filing 371
ORDER granting #368 Motion to Seal. Signed by Senior Judge W. Earl Britt on 4/9/2021. (Herrmann, L.)
|
|
Filing 370
ORDER regarding #368 MOTION to Seal. The court hereby provides notice to the public that any objection to the filing of docket entry 367 under seal shall be filed on or before 2 April 2021. If any objection is filed, the parties have 10 days thereafter to file any response to the objection. Signed by Senior Judge W. Earl Britt on 3/23/2021. (Herrmann, L.)
|
| Motions Submitted to Senior Judge W. Earl Britt: #368 MOTION to Seal #367 PROPOSED SEALED Exhibit, #365 MOTION for Order Approving Minor Settlement. (Herrmann, L.) |
| Filing 369 Memorandum in Support regarding #368 MOTION to Seal #367 PROPOSED SEALED Exhibit filed by Daphne McKoy. (Attachments: #1 Guardian Dec, #2 Counsel Dec, #3 Watson Order, #4 Gorham Order) (Hughes, John) |
| Filing 368 MOTION to Seal #367 PROPOSED SEALED Exhibit filed by Daphne McKoy. (Attachments: #1 Text of Proposed Order) (Hughes, John) |
| Filing 367 SEALED Exhibit (Selected Participants Only)by John Hughes (available to: Plaintiff Daphne McKoy, Defendant Murphy-Brown, LLC) regarding #366 Memorandum in Support. (Hughes, John) Modified on 4/9/2021 to remove proposed. (Herrmann, L.) |
| Filing 366 Memorandum in Support regarding #365 MOTION for Order Approving Minor Settlement filed by Daphne McKoy. (Attachments: #1 Guardian Dec, #2 Counsel Dec, #3 Placeholder - Conf Details) (Hughes, John) |
| Filing 365 MOTION for Order Approving Minor Settlement filed by Daphne McKoy. (Attachments: #1 Text of Proposed Order) (Hughes, John) |
| Filing 364 STIPULATION of Dismissal and Notice of Satisfaction of Judgment by A. (son), Ethel Davis, Priscilla Dunham, Deborah Johnson, Delois Lewis, Tammy Lloyd, Joyce McKiver, Daphne McKoy, Archie Wright, Jr. (Hughes, John) |
| Filing 363 STIPULATION of Dismissal (Partial) with Prejudice by LaJune Jessup, Daisy Lloyd, Don Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Karen McKiver, Dennis McKiver, Jr., Edward Owens (Hughes, John) |
| Filing 362 MANDATE of US Court of Appeals as to #348 Notice of Appeal, filed by Murphy-Brown, LLC. (Foell, S.) |
| Filing 361 Notice of Change of Address filed by Tennille J. Checkovich filed by on behalf of Murphy-Brown, LLC. (Checkovich, Tennille) |
| Filing 360 Notice of Appearance filed by Jocelyn Mitnaul Mallette on behalf of All Defendants. (Mallette, Jocelyn) |
| Filing 359 US Court of Appeals Judgment as to #348 Notice of Appeal, filed by Murphy-Brown, LLC. (Foell, S.) |
| Filing 358 Published Opinion from Fourth Circuit Court of Appeals. Affirmed in part; vacated and remanded in part. We therefore vacate the jury's judgment as to the amount of punitive damages, and remand for rehearing with omission of the inflammatory parent company financial evidence. (Foell, S.) (Additional attachment(s) added on 11/19/2020: #1 Amended - (pg 3 spelling of attorney's name corrected)) (Foell, S.). |
|
Filing 357
ORDER denying without prejudice #320 Application for Costs, denying without prejudice #331 Order on Motion for Disallowance of Costs, and granting permission to the parties to refile and incorporate their prior filings by reference following the issuance of the mandate of the court of appeals, if appropriate. Signed by Peter A. Moore, Jr., Clerk of Court on 9/25/2019. (Herrmann, L.)
|
| **** Reset Hearing: Pursuant to the order in the Master Case (5:15-CV-13-BR) at 565 , Seventh Trial Group - Jury Trial reset for 10/7/2019 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Edwards, S.) |
| Submitted the #356 Supplemental Notice to Senior Judge W. Earl Britt. (Edwards, S.) |
| REMINDER TO COUNSEL regarding #356 . Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) |
| Filing 356 Supplemental Notice filed by Murphy-Brown, LLC of Filing of Transcripts of Deposition Testimony Played by Video at Trial. (Attachments: #1 Exhibit Excerpts from Testimony of S. Wing) (Anderson, Mark) |
| Filing 355 Notice of Appearance filed by Robert Edwin Thackston on behalf of Murphy-Brown, LLC. (Thackston, Robert) |
| Filing 354 Notice of Special Appearance for non-district by James F. Neale on behalf of Murphy-Brown, LLC. (Neale, James) |
| Notification to Appeals Court of Filing regarding #352 Order (Foell, S.) |
| Filing 353 Supersedeas Bond No. 019067751 filed by Murphy-Brown, LLC. (Herrmann, L.) |
|
Filing 352
ORDER granting #351 Motion for Approval of Supersedeas Bond and Stay of #318 Judgment. Signed by Senior Judge W. Earl Britt on 1/9/2019. (Herrmann, L.)
|
| Notice to Counsel regarding: #351 Motion for Miscellaneous Relief. Pursuant to Senior U.S. District Judge W. Earl Britt's Practice Preferences http://www.nced.uscourts.gov/judges/brittpref.aspx, counsel shall email proposed orders in a word processing format to documents_judge_britt@nced.uscourts.gov. (Edwards, S.) |
| Motion Submitted to Senior Judge W. Earl Britt regarding #351 MOTION for Approval of Supersedeas Bond and Stay of Judgment regarding #318 Judgment. (Edwards, S.) |
| Filing 351 MOTION for Approval of Supersedeas Bond and Stay of Judgment regarding #318 Judgment, filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Supersedeas Bond) (Anderson, Mark) |
| Filing 350 US Court of Appeals Case Number 19-1019 (Kirsten Hancock, Case Manager) as to #348 Notice of Appeal, filed by Murphy-Brown, LLC. (Foell, S.) |
| Filing 349 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #348 Notice of Appeal,. (Foell, S.) |
| Filing 348 Notice of Appeal filed by Murphy-Brown, LLC as to #318 Judgment, #346 Order on Motion for Miscellaneous Relief,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for New Trial,, Order on Motion to Alter Judgment,, Order on Motion to Strike,. Filing fee, receipt number 0417-4773103. (Anderson, Mark) |
| Filing 347 Notice filed by Murphy-Brown, LLC of Filing of Transcripts of Deposition Testimony Played by Video at Trial. (Attachments: #1 Exhibit Steve Wing 8/24/2016 Deposition, #2 Exhibit Kraig Westerbeek 11/21/2016 Deposition, #3 Exhibit Jon Sargent 9/27/2016 Deposition) (Anderson, Mark) |
| Submitted #347 to Senior Judge W. Earl Britt. (Herrmann, L.) |
|
Filing 346
ORDER denying #323 Motion to Alter or Amend Judgment; denying #325 Motion for Judgment as a Matter of Law; denying #327 Motion for New Trial; denying #329 Motion to Alter Judgment; denying #343 Motion to Strike. Signed by Senior Judge W. Earl Britt on 12/17/2018. (Herrmann, L.)
|
| Motion Submitted to Senior Judge W. Earl Britt regarding #343 MOTION to Strike #342 Reply to Response to Motion . (Edwards, S.) |
|
Filing 345
ORDER from the Fourth Circuit Court of Appeals on Petition for Writ of Mandamus (714-CV-180-BR; 714-CV-182-BR; 714-CV-183-BR; 714-CV-185-BR; 714-CV-237-BR) granting costs in the amount of $871.60. (Foell, S.)
|
| Filing 344 RESPONSE in Opposition regarding #343 MOTION to Strike #342 Reply to Response to Motion filed by Joyce McKiver. (Hughes, John) |
| Filing 343 MOTION to Strike #342 Reply to Response to Motion filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Motions Submitted to Senior Judge W. Earl Britt: #329 MOTION to Alter Judgment [Doc 318], #327 MOTION for New Trial, #323 MOTION to Alter or Amend Judgment or, in the Alternative, for Relief from Judgment regarding #318 Judgment, #325 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b). (Herrmann, L.) |
| Filing 342 REPLY to Response to Motion regarding #329 MOTION to Alter Judgment [Doc 318] filed by Joyce McKiver. (Hughes, John) |
|
Filing 341
ORDER VACATING #316 Order, #303 Order. Signed by Senior Judge W. Earl Britt on 10/31/2018. (Herrmann, L.)
|
| Filing 340 Judgment from Fourth Circuit Court on Petition for Writ of Mandamus (714-CV-180-BR; 714-CV-182-BR; 714-CV-183-BR; 714-CV-185-BR; 714-CV-237-BR). (Foell, S.) |
| Filing 339 Published Opinion from Fourth Circuit Court of Appeals on Petition for Writ of Mandamus (714-CV-180-BR; 714-CV-182-BR; 714-CV-183-BR; 714-CV-185-BR; 714-CV-237-BR). The Petition is hereby granted. The District Court is directed to vacate its 6/27/18, gaga order and its 8/31/18, order proposing unspecified tweaks and modifications to it. The parties are to start from square one with respect to this issue under the guidelines set forth in this opinion and then only if exceptional circumstances warrant. (Foell, S.) |
| REMINDER TO COUNSEL regarding #336 , #337 , #338 . Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Herrmann, L.) |
| Filing 338 RESPONSE to Motion regarding #325 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b) filed by Joyce McKiver. (Attachments: #1 Site inspection photos, #2 Rogers trial trans excerpts, #3 2017 Sust Report, #4 Site inspect photos, #5 Dr. See testimony excerpts, #6 Aerial dumpster photo, #7 Schmidt testimony excerpts, #8 Trial Ex 1274, #9 Trial Ex 54, #10 Don Butler trial testimony excerpts, #11 Westerbeek trans excerpts) (Hughes, John) |
| Filing 337 RESPONSE in Opposition regarding #323 MOTION to Alter or Amend Judgment or, in the Alternative, for Relief from Judgment regarding #318 Judgment, filed by Joyce McKiver. (Attachments: #1 2018 NC Sess Law, #2 Billy Kinlaw trans excerpts, #3 Sargent depo excerpts, #4 DFS Kinlaw excerpts) (Hughes, John) |
| Filing 336 RESPONSE to Motion regarding #327 MOTION for New Trial filed by Joyce McKiver. (Attachments: #1 2017 SB711, #2 Trial Transcript 4-6-18 excerpts, #3 Trial Transcript 4-12-18 excerpts, #4 Trial Transcript 4-4-18 excerpts) (Hughes, John) |
| Filing 335 RESPONSE in Opposition regarding #329 MOTION to Alter Judgment [Doc 318] filed by Murphy-Brown, LLC. (Anderson, Mark) |
|
Filing 334
Order Setting Deadlines and Hearings (7th Trial Group) - Final Telephonic Pretrial Conference set for 4/2/2019 at 9:30 AM in before Magistrate Judge Robert B. Jones, Jr. Jury Trial set for 4/15/2019 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. Counsel should review the attached order in its entirety for critical deadlines and information. Signed by Magistrate Judge Robert B. Jones, Jr. on 10/18/2018. (Herrmann, L.)
|
| Filing 333 RESPONSE to Motion regarding #331 Motion for Disallowance of Costs #320 Application for Costs filed by Ethel Davis, Priscilla Dunham, Deborah Johnson, Delois Lewis, Tammy Lloyd, Joyce McKiver, Alexandria McKoy, Antonio Kevin McKoy, Daphne McKoy, Archie Wright, Jr.. (Attachments: #1 Aneja, Thu, & Wing depo excerpts, #2 D's McKiver Rog Responses, #3 Lane depo excerpts) (Hughes, John) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court: #331 Motion for Disallowance of Costs, #320 Application for Costs. (Herrmann, L.) |
| Filing 332 Memorandum in Support regarding #331 Motion for Disallowance of Costs #320 Application for Costs filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Deposition Transcripts) (Anderson, Mark) |
| Filing 331 Motion for Disallowance of Costs #320 Application for Costs filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| REMINDER TO COUNSEL regarding #326 Memorandum in Support, #328 Memorandum in Support. Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Herrmann, L.) |
| Filing 330 Memorandum in Support regarding #329 MOTION to Alter Judgment [Doc 318] filed by Joyce McKiver. (Hughes, John) |
| Filing 329 MOTION to Alter Judgment [Doc 318] filed by Joyce McKiver. (Attachments: #1 Text of Proposed Order) (Hughes, John) |
| Filing 328 Memorandum in Support regarding #327 MOTION for New Trial filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit MC Doc. 476, #3 Exhibit MC Doc. 305, #4 Exhibit MC Doc. 306, #5 Exhibit MC Doc. 343, #6 Exhibit MC Doc. 348, #7 Exhibit MC Doc. 322, #8 Exhibit April 24, 2018 Oral Order, #9 Exhibit MC Doc. 338, #10 Exhibit 4/6/2018 Trial Tr., #11 Exhibit 4/9/2018 Trial Tr., #12 Exhibit Dalton Expert Report, #13 Exhibit Dalton Declaration, #14 Exhibit Rogers Deposition Exhibits, #15 Exhibit Rogers Expert Report, #16 Exhibit 4/5/2018 Trial Tr., #17 Exhibit 4/18/2018 Trial Tr., #18 Exhibit DEQ PPT, #19 Exhibit Feb. 2012 Compliance Report, #20 Exhibit 4/4/2018 Trial Tr., #21 Exhibit 5/30/2018 Trial Tr., #22 Exhibit 4/19/2018 Trial Tr., #23 Exhibit 4/13/2018 Trial Tr., #24 Exhibit 4/24/2018 Trial Tr., #25 Exhibit 4/12/2018 Trial Tr., #26 Exhibit Kinlaw Farm Contract, #27 Exhibit 2000 AG Agreement, #28 Exhibit Phase 3 Report, #29 Exhibit Schmidt Dep Excerpts, #30 Exhibit SEC Filings, #31 Exhibit 4/3/2018 Trial Tr., #32 Exhibit 4/10/2018 Trial Tr., #33 Exhibit 4/11/2018 Trial Tr., #34 Exhibit 3/21/2018 Hrg. Tr., #35 Exhibit 4/13/2018 Trial Tr., #36 Exhibit MC Doc. 448) (Anderson, Mark) |
| Filing 327 MOTION for New Trial filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 326 Memorandum in Support regarding #325 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b) filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit 4/16/18 Minute Entry, #3 Exhibit 4/16/18 Trial Transcript Excerpts, #4 Exhibit 4/24/18 Minute Entry, #5 Exhibit 4/12/2018 Trial Transcript Excerpts, #6 Exhibit 4/23/2018 Trial Transcript Excerpts, #7 Exhibit 4/10/2018 Trial Transcript Excerpts, #8 Exhibit Attorney General's Agreement, #9 Exhibit 4/11/2018 Trial Transcript Excerpts, #10 Exhibit 4/17/2018 Trial Transcript Excerpts, #11 Exhibit 4/20/2018 Trial Transcript Excerpts, #12 Exhibit 4/18/2018 Trial Transcript Excerpts, #13 Exhibit 4/19/2018 PM Trial Transcript Excerpts, #14 Exhibit 4/9/2018 Trial Transcript Excerpts, #15 Exhibit 4/13/2018 AM Trial Transcript Excerpts, #16 Exhibit 4/6/2018 Trial Transcript Excerpts, #17 Exhibit 4/13/2018 PM Trial Transcript Excerpts, #18 Exhibit 4/5/2018 Trial Transcript Excerpts, #19 Exhibit 4/3/2018 Trial Transcript Excerpts, #20 Exhibit Master Case Doc. 476) (Anderson, Mark) |
| Filing 325 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b) filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 324 Memorandum in Support regarding #323 MOTION to Alter or Amend Judgment or, in the Alternative, for Relief from Judgment regarding #318 Judgment, filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit May 4, 2018 Kinlaw Letter, #3 Exhibit Master Case Doc. 311, #4 Exhibit Master Case Doc. 168, #5 Exhibit Master Case Doc. 439, #6 Exhibit Kinlaw Farms Permits, #7 Exhibit Excerpts of 4/24/2018 Trial Transcripts, #8 Exhibit Kinlaw Farms Contract, #9 Exhibit May 21, 2018 Kinlaw Letter, #10 Exhibit May 7, 2018 Contract Grower Letter, #11 Exhibit Plaintiffs' Motion for Partial Summary Judgment, Adwell v. Contigroup, #12 Exhibit First Amended Petition, McClure v. Continental Grain, #13 Exhibit Master Case Doc. 185) (Anderson, Mark) |
| Filing 323 MOTION to Alter or Amend Judgment or, in the Alternative, for Relief from Judgment regarding #318 Judgment, filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| REMINDER TO COUNSEL regarding #322 . Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) |
| REMINDER TO COUNSEL regarding #324 Memorandum in Support. Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Herrmann, L.) |
| Filing 322 Declaration regarding #321 Memorandum in Support, #320 Application for Costs by LaJune Jessup, Daisy Lloyd, Don Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Karen McKiver, Dennis McKiver, Jr., Edward Owens (Attachments: #1 Complaint Filing Fee, #2 Final Cert Transcripts, #3 Rough Transcripts, #4 Fees for Plaintiffs' depos, #5 Fees for Expert depos, #6 Fees for Fact Witness depos, #7 Witness Fees, #8 Exemplification costs, #9 Copy costs - FOIA, #10 Copy costs - Med Recs, #11 Fees for hearing transcripts, #12 Fees for prior trial transcripts, #13 Copy costs - trial exhs, #14 HB467 transcripts, #15 Doc prod costs, #16 Copies of binders) (Hughes, John) |
| Filing 321 Memorandum in Support regarding #320 Application for Costs filed by LaJune Jessup, Daisy Lloyd, Don Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Karen McKiver, Dennis McKiver, Jr., Edward Owens. (Hughes, John) |
| Filing 320 Application for Costs filed by LaJune Jessup, Daisy Lloyd, Don Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Karen McKiver, Dennis McKiver, Jr., Edward Owens. (Hughes, John) |
| Filing 319 Consent MOTION for Extension of Time to Submit Bill of Costs filed by Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Don Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Alexandria McKoy, Antonio Kevin McKoy, Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Text of Proposed Order) (Hughes, John) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #319 Consent MOTION for Extension of Time to Submit Bill of Costs. (Stouch, L.) |
| TEXT ORDER granting Plaintiffs' Consent Motion for Ten-Day Extension of Time to File Bill of Costs #319 . For good cause shown, it is ordered that Plaintiffs shall have up to and including September 26, 2018, within which to file their application for costs and supporting materials. Signed by Peter A. Moore, Jr., Clerk of Court on 9/12/2018. (Hockaday, A.) |
| Filing 318 JUDGMENT in favor of A. (daughter), A. (son), Alexandria McKoy, Antonio Kevin McKoy, Archie Wright, Jr., Daphne McKoy, Deborah Johnson, Delois Lewis, Ethel Davis, Joyce McKiver, Priscilla Dunham, Tammy Lloyd against Murphy-Brown, LLC. Signed by Susan Edwards, Deputy for Peter A. Moore, Jr., Clerk of Court on 8/31/2018. (Edwards, S.) Modified on 1/9/2019 - Judgment is STAYED pursuant to the order at #352 . (Herrmann, L.) |
|
Filing 317
ORDER granting #281 Motion for Entry of Judgment under Rule 54(b). The Clerk is DIRECTED to enter judgment on the April 26, 2018 verdict (as modified by the courts post-verdict orders). Signed by Senior Judge W. Earl Britt on 8/31/2018. (Edwards, S.)
|
|
Filing 316
*VACATED BY ORDER ENTERED ON 10/31/2018 AT #341 * ORDER VACATING the #303 Order entered on 6/27/2018. Counsel is reminded to read the order in its entirety for deadlines and information. Signed by Senior Judge W. Earl Britt on 8/31/2018. (Edwards, S.) Modified on 10/31/2018 (Herrmann, L.)
|
| Submitted the #315 Notice to Senior Judge W. Earl Britt. (Edwards, S.) |
| Filing 315 Notice filed by Joyce McKiver regarding #299 Response in Opposition to Motion, (Plaintiffs' Notice of Withdrawal of Opposition to Immediate Certification of Interlocutory Appeal Under Rule 54(b)). (Attachments: #1 Text of Proposed Order, #2 Proposed Judgment) (Hughes, John) |
| TEXT ORDER - In conjunction with the order continuing the fifth (McGowan II, No. 7:14-CV-182-BR), sixth (Anderson I, No. 7:14-CV-183-BR), and seventh (McKiver II, No. 7:14-CV-180-BR) trials, Master Case No. 5:15-CV-13 [DE-517], the pretrial deadlines in these matters are terminated and will be reset by future order. Entered by United States Magistrate Judge Robert B. Jones, Jr. on 8/24/2018. (Edwards, S.) |
| Filing 314 OFFICIAL TRANSCRIPT of Jury Trial/Verdict held on Thursday, April 26, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 8/24/2018. Redacted Transcript Deadline set for 9/3/2018. Release of Transcript Restriction set for 11/1/2018. (McGirr, M.) Modified on 1/3/2019 (Foell, S.). |
| Filing 313 OFFICIAL TRANSCRIPT of Jury Trial/Jury Question held on Wednesday, April 25, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 8/24/2018. Redacted Transcript Deadline set for 9/3/2018. Release of Transcript Restriction set for 11/1/2018. (McGirr, M.) |
| NOTICE of Filing of Official Transcript #313 Transcript, #314 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (McGirr, M.) |
| Submitted the document at #312 to Senior Judge W. Earl Britt and United States Magistrate Judge Robert B. Jones, Jr. (Edwards, S.) |
| Filing 312 SUR-SURREPLY to Response to Motion regarding #281 MOTION for Entry of Judgment under Rule 54(b) (Murphy-Brown's Sur-surreply) filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit December 4, 2017 Hearing Transcript Excerpt) (Anderson, Mark) Modified on 7/19/2018 to correct the document description (Edwards, S.). |
|
Filing 311
ORDER sua sponte resetting the pretrial and trial deadlines for the Seventh Trial Group. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by United States Magistrate Judge Robert B. Jones, Jr. on 7/17/2018. (Edwards, S.)
|
|
Filing 310
ORDER denying in part and granting in part #307 Motion for Hearing on Its Motion for Entry of Judgment (Doc. 281) or, In The Alternative, for Leave to File a Sur-Surreply. Defendant shall file its sur-surreply, which shall not exceed five pages, on or before 7/18/2018. Signed by Senior Judge W. Earl Britt on 7/13/2018. (Edwards, S.)
|
| Submitted the document at #309 to Senior Judge W. Earl Britt and United States Magistrate Judge Robert B. Jones, Jr. (Edwards, S.) |
| Filing 309 US Court of Appeals Case Number: 18-1762 for Petition of Writ of Mandamus filed in 7:14-CV-180; 7:14-CV-182; 7:14-CV-183; 7:14-CV-185; 7:14-CV-237.. (Attachments: #1 Petition for Writ of Mandamus, #2 Docketing Notice) (Foell, S.) |
| Motion Submitted to Senior Judge W. Earl Britt regarding #307 MOTION for Hearing regarding #281 MOTION for Entry of Judgment under Rule 54(b) . (Edwards, S.) |
| Filing 308 RESPONSE in Opposition regarding #307 MOTION for Hearing regarding #281 MOTION for Entry of Judgment under Rule 54(b) filed by Joyce McKiver. (Hughes, John) |
| Filing 307 MOTION for Hearing regarding #281 MOTION for Entry of Judgment under Rule 54(b) filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Submitted the #306 Surreply to Senior Judge W. Earl Britt. (Edwards, S.) |
| Filing 306 Plaintiffs' Surreply in Support of Plaintiffs' #299 Brief in Opposition to Defendant's #281 Motion filed by Joyce McKiver. (Hughes, John) Modified on 7/3/2018 to correct document description (Edwards, S.). |
|
TEXT ORDER granting #304 Motion. Signed by Senior Judge W. Earl Britt on 6/28/2018. (CHAM, ACP)
|
| Filing 305 Memorandum in Opposition regarding #304 MOTION for Leave to File Surreply regarding #281 MOTION for Entry of Judgment under Rule 54(b) filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 304 MOTION for Leave to File Surreply regarding #281 MOTION for Entry of Judgment under Rule 54(b) filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Don Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Text of Proposed Order) (Hughes, John) |
|
Filing 303
*VACATED BY ORDER ENTERED ON 10/31/2018 AT #341 * - ORDER sua sponte. Given the continuing nature of this litigation, and significant increase in trial publicity, the court issues an order to protect the parties' fundamental "right to a fair trial by impartial jurors." Counsel should read the order in its entirey. The court direct the parties' and public's attention to Local Civil Rules 83.4, 83.6, and 83.1(k). Signed by Senior Judge W. Earl Britt on 6/27/2018. (Edwards, S.) Modified on 10/31/2018 (Herrmann, L.)
|
| Motion Submitted to Senior Judge W. Earl Britt regarding #281 MOTION for Entry of Judgment under Rule 54(b). (Edwards, S.) |
| Notice to Counsel regarding: #281 Motion for Entry of Judgment under Rule 54(b), #302 Reply to Response to Motion, #299 Response in Opposition to Motion. If you have not already done so, please be advised that pursuant to Senior U.S. District Judge W. Earl Britt's Practice Preferences http://www.nced.uscourts.gov/judges/brittpref.aspx, counsel shall email proposed orders in a word processing format to documents_judge_britt@nced.uscourts.gov. (Edwards, S.) |
| Filing 302 REPLY to Response to Motion regarding #281 MOTION for Entry of Judgment under Rule 54(b) filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
|
TEXT ORDER - It is hereby ORDERED that at least 48 hours prior to any witness' anticipated trial testimony, counsel shall provide the court with notice of that witness' name by email to Amy Petty and Melissa Morgans and copy to opposing counsel. Entered by Senior Judge W. Earl Britt on 6/8/2018. (Edwards, S.)
|
|
Filing 301
ORDER granting #278 Motion for Pre-Judgment and Post-Judgment Interest regarding #267 Jury Verdict. Signed by Senior Judge W. Earl Britt on 6/7/2018. (Edwards, S.)
|
|
Filing 300
STANDING ORDER for Purposes of Upcoming Trials. Counsel is reminded to read the order in its entirety. Signed by Senior Judge W. Earl Britt on 6/6/2018. (Edwards, S.)
|
| Filing 299 RESPONSE in Opposition regarding #281 MOTION for Entry of Judgment under Rule 54(b) filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Don Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Text of Proposed Order) (Hughes, John) |
| Filing 298 REPLY to Response to Motion regarding #278 MOTION (Pre-Judgment and Post-Judgment Interest) regarding #267 Jury Verdict filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Don Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Text of Proposed Order) (Hughes, John) |
| Filing 297 OFFICIAL TRANSCRIPT of Motion Hearing held on March 21, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/18/2018. Redacted Transcript Deadline set for 6/28/2018. Release of Transcript Restriction set for 8/26/2018. (McGirr, M.) |
| NOTICE of Filing of Official Transcript #297 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (McGirr, M.) |
| Filing 296 OFFICIAL TRANSCRIPT of Jury Trial held on April 24, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 295 OFFICIAL TRANSCRIPT of Jury Trial held on April 20, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 294 OFFICIAL TRANSCRIPT of Jury Trial held on April 19, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 293 OFFICIAL TRANSCRIPT of Jury Trial held on April 18, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 292 OFFICIAL TRANSCRIPT of Jury Trial held on April 17, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 291 OFFICIAL TRANSCRIPT of Jury Trial held on April 13, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 290 OFFICIAL TRANSCRIPT of Jury Trial held on April 9, 2018, before Senior United States District Judge W. Earl. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 289 RESPONSE regarding #278 MOTION (Pre-Judgment and Post-Judgment Interest) regarding #267 Jury Verdict filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 288 OFFICIAL TRANSCRIPT of Jury Trial held on April 6, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 287 OFFICIAL TRANSCRIPT of Jury Trial held on April 5, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 286 OFFICIAL TRANSCRIPT of Jury Trial held on April 4, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 285 OFFICIAL TRANSCRIPT of Jury Trial held on April 3, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) |
| Filing 284 SEALED OFFICIAL TRANSCRIPT of Jury Trial and Jury Selection held on April 2, 2018, before Senior United States District Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/19/2018. (McGirr, M.) Modified on 12/6/2018 to seal pursuant to EDNC Judicial Policy re: Voir Dire.(Foell, S.). |
| NOTICE of Filing of Official Transcript #285 Transcript,, #288 Transcript,, #287 Transcript,, #284 Transcript,, #286 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (McGirr, M.) |
| NOTICE of Filing of Official Transcript #290 Transcript,, #296 Transcript,, #295 Transcript,, #293 Transcript,, #292 Transcript,, #294 Transcript,, #291 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (McGirr, M.) |
|
Filing 283
ORDER granting #280 Motion to Substitute Party. Don Lloyd, Administrator of the Estate of Fred Lloyd, is substituted as the Plaintiff for the decedent, and the caption should be modified to substitute for Fred Lloyd the following: "Don Lloyd, Administrator of the Estate of Fred Lloyd." Signed by US Magistrate Judge Robert B. Jones, Jr on 5/17/2018. (Briggeman, N.)
|
| Motion Referred to United States Magistrate Judge Robert B. Jones, Jr. regarding #280 MOTION to Substitute Party . (Edwards, S.) |
| Motion No Longer Submitted to Senior Judge W. Earl Britt: regarding #280 MOTION to Substitute Party . (Edwards, S.) |
| Filing 282 Memorandum in Support regarding #281 MOTION for Entry of Judgment under Rule 54(b) filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 281 MOTION for Entry of Judgment under Rule 54(b) filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Motion Submitted to Senior Judge W. Earl Britt regarding #280 MOTION to Substitute Party. (Edwards, S.) |
| Filing 280 MOTION to Substitute Party filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Letters of Administration, #2 Text of Proposed Order) (Hughes, John) |
| Filing 279 Memorandum in Support regarding #278 MOTION (Pre-Judgment and Post-Judgment Interest) regarding #267 Jury Verdict filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 278 MOTION (Pre-Judgment and Post-Judgment Interest) regarding #267 Jury Verdict filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Text of Proposed Order) (Hughes, John) |
|
Filing 277
ORDER granting #275 Motion to Impose Statutory Cap on Punitive Damages regarding Jury Verdict. Signed by Senior Judge W. Earl Britt on 5/7/2018. (Edwards, S.)
|
| Filing 276 Plaintiff's Brief Regarding Entry of Judgment on the Verdict as to #267 Jury Verdict and in response to the Text Order, filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 NC Const. art.I Sec. 25, #2 N.C.P.I. Civil 810.98, #3 N.C. Gen. Stat. Sec. 1D-25(a), #4 1995 N.C. ALS 514, Sess. Laws 514, N.C. Ch. 514 and N.C. HB 729, #5 Wilmington Morning Star 1995, #6 Fayetteville article 1995, #7 ALR - punitive damage laws, #8 Kelly Logging v. First Interstate Bank) (Hughes, John) Modified on 5/2/2018 to correct the document description (Edwards, S.). |
| Filing 275 MOTION to Impose Statutory Cap on Punitive Damages regarding #267 Jury Verdict, Text Order filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| REMINDER TO COUNSEL regarding #276 . Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) |
| Notice to Counsel regarding: #275 Motion for Miscellaneous Relief. Pursuant to Senior U.S. District Judge W. Earl Britt's Practice Preferences http://www.nced.uscourts.gov/judges/brittpref.aspx, counsel shall email proposed orders in a word processing format to documents_judge_britt@nced.uscourts.gov. (Edwards, S.) |
| Motion Submitted to Senior Judge W. Earl Britt regarding #275 MOTION to Impose Statutory Cap on Punitive Damages regarding #267 Jury Verdict, Text Order . (Edwards, S.) |
| Submitted the Plaintiff's Response to the Text Order at #276 to Senior Judge W. Earl Britt. (Edwards, S.) |
|
TEXT ORDER The parties are hereby DIRECTED to file briefing regarding the issue of punitive damages discussed at the conclusion of trial on or before noon, 2 May 2018. Signed by Senior Judge W. Earl Britt on 5/1/2018. (CHAM, ACP)
|
| Filing 274 OFFICIAL TRANSCRIPT of JURY TRIAL (DAY 10) held on April 16, 2018, before Senior District Judge W. Ear. Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/3/2018. Release of Transcript Restriction set for 8/1/2018. (Condon, A.) |
| Filing 273 OFFICIAL TRANSCRIPT of JURY TRIAL (DAY 9) - MORNING SESSION held on April 13, 2018, before Senior District Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/3/2018. Release of Transcript Restriction set for 8/1/2018. (Condon, A.) |
| Filing 272 OFFICIAL TRANSCRIPT of JURY TRIAL (DAY 8) held on Aprl 12, 2018, before Senior District Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/3/2018. Release of Transcript Restriction set for 8/1/2018. (Condon, A.) |
| Filing 271 OFFICIAL TRANSCRIPT of JURY TRIAL (DAY 7) held on April 11, 2018, before Senior District Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/3/2018. Release of Transcript Restriction set for 8/1/2018. (Condon, A.) |
| Filing 270 OFFICIAL TRANSCRIPT of JURY TRIAL (DAY 6) held on April 10, 2018, before Senior District Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/3/2018. Release of Transcript Restriction set for 8/1/2018. (Condon, A.) |
| NOTICE of Filing of Official Transcript #273 Transcript, #271 Transcript, #270 Transcript, #272 Transcript, #274 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.) |
| Filing 269 Final Exhibit List - Jury Trial. (Herrmann, L.) |
| Filing 268 Unredacted Document - #267 Jury Verdict. (Herrmann, L.) |
| Filing 267 JURY VERDICT. (Herrmann, L.) |
| Filing 265 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 18) held and completed on 4/26/2018. Court notifies counsel all 10 jurors are present and have resumed deliberations. Jurors return to the courtroom. Unanimous verdict rendered and filed in open court as listed on the verdict form. Jurors excused from service. Clerk is directed not to enter judgment until briefing has been submitted by the parties. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
| Filing 262 Jury Instructions. (Herrmann, L.) |
| Filing 261 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 17) held on 4/25/2018. Counsel for both parties present. A total of 10 jurors reported to continue deliberations. Jurors present a written note. The court writes a proposed answer and with no objections from counsel, the Clerk is directed to provide it to the jurors. Deliberations end for the day - jurors admonished and excused for the evening. Court states a note regarding a break was presented to and responded to by the court. Continuation of Jury Trial set for 4/26/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
| Filing 260 Notice filed by Murphy-Brown, LLC regarding #256 Memorandum in Support,, Notice of Filing of Citations to Testimony Relied Upon in Support of Motion for Judgment as a Matter of Law at the Close of Evidence. (Attachments: #1 Exhibit Excerpts of April 23, 2018 Trial Testimony) (Anderson, Mark) |
| Filing 259 Notice filed by Murphy-Brown, LLC regarding #190 Order, #215 Order, #208 Order,, Notice of Playing of Deposition Testimony at Trial. (Attachments: #1 Exhibit Excerpts of April 3, 2018 Trial Transcript, #2 Exhibit Excerpts of April 9, 2018 Trial Transcript, #3 Exhibit Excerpts of April 11, 2018 Trial Transcript) (Anderson, Mark) |
| Filing 258 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 16) held on 4/24/2018. Counsel for both parties present. A total of 10 jurors reported for trial. Defendant renews its motion for judgment as a matter of law. Court denies defendant's motion for judgment as a matter of law. Closing arguments by both parties. Jury charged. 10 jurors retire to begin deliberations. Jurors excused for the evening. Continuation of Jury Trial set for 4/25/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
| Filing 257 OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 15 held on April 23, 2018, before Senior Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/18/2018. Redacted Transcript Deadline set for 5/28/2018. Release of Transcript Restriction set for 7/26/2018. (Condon, A.) |
| NOTICE of Filing of Official Transcript #257 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.) |
| Motion Submitted to Senior Judge W. Earl Britt regarding #255 MOTION for Judgment as a Matter of Law . Also submitted are the documents filed at #252 and #254 . (Edwards, S.) |
|
ORAL ORDER denying #225 Motion for Judgment as a Matter of Law (fear of damages); denying #255 Renewed Motion for Judgment as a Matter of Law. Entered by Senior Judge W. Earl Britt on 4/24/2018. (Herrmann, L.)
|
| Filing 256 Memorandum in Support regarding #255 MOTION for Judgment as a Matter of Law filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit Excerpts of 4/16/2018 Trial Transcript, #3 Exhibit Excerpts of 4/20/2018 Trial Transcript, #4 Exhibit Excerpts of 4/11/2018 Trial Transcript, #5 Exhibit Excerpts of 4/18/2018 Trial Transcript, #6 Exhibit Excerpts of 4/19/2018 Trial Transcript, #7 Exhibit Excerpts of 4/12/2018 Trial Transcript, #8 Exhibit Excerpts of 4/13/2018 Trial Transcript) (Anderson, Mark) |
| Filing 255 MOTION for Judgment as a Matter of Law filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 254 Notice filed by Murphy-Brown, LLC Notice of Filing of Court's Proposed Jury Instructions. (Attachments: #1 Exhibit Court's Proposed Jury Instructions) (Anderson, Mark) |
| Filing 253 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 15) held on 4/23/2018. Counsel for both parties present. A total of 10 jurors reported for trial. Court denies #212 Defendant's motion to amend pretrial order. Defendant continues with presentation of evidence. Defendant rests. Jurors admonished and excused for the evening. Exhibits admitted into evidence. Exhibits withdrawn from evidence. Charge Conference held. Court denies #245 Motion Requesting Use of Special Verdict Form and Interrogatories. Continuation of Jury Trial set for 4/24/2018 at 8:50 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Amy Condon) (Herrmann, L.) (Additional attachment(s) added on 4/24/2018: #1 List of Plaintiffs' Withdrawn Exhibits, #2 List of Defendant's Withdrawn Exhibits) (Herrmann, L.) |
| Filing 252 Proposed Jury Instructions by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 251 OFFICIAL TRANSCRIPT - TRIAL TESTIMONY OF DALE BOLLINGER held on April 12, 2018, before Senior Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/17/2018. Redacted Transcript Deadline set for 5/27/2018. Release of Transcript Restriction set for 7/25/2018. (Condon, A.) |
| Filing 250 OFFICIAL TRANSCRIPT TRIAL TESTIMONY OF TOM BUTLER held on April 16, 2018, before Senior Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/17/2018. Redacted Transcript Deadline set for 5/27/2018. Release of Transcript Restriction set for 7/25/2018. (Condon, A.) |
| Filing 249 RESPONSE in Opposition regarding #245 MOTION Requesting Use of Special Verdict Form and Interrogatories regarding #243 Proposed Verdict Form filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| NOTICE of Filing of Official Transcript #251 Transcript, #250 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.) |
| Motion Submitted to Senior Judge W. Earl Britt regarding #245 MOTION Requesting Use of Special Verdict Form and Interrogatories regarding #243 Proposed Verdict Form . Also submitted the trial briefs at #247 and #248 . (Edwards, S.) |
|
ORAL ORDER denying #245 Motion Requesting Use of Special Verdict Form and Interrogatories; denying #212 Motion to Amend Pretrial Order. Entered by Senior Judge W. Earl Britt on 4/23/2018. (Herrmann, L.)
|
| Filing 248 TRIAL BRIEF regarding Defendant's Proposed Supplemental Jury Instructions [Doc 242] by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 247 TRIAL BRIEF regarding Defendant's Proposed Jury Instruction Number 30 [Doc 182] by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 58 Am Jur 201 Nuisances 229, #2 58 Am Jur 201 Nuisances 307) (Hughes, John) |
| Filing 246 Memorandum in Support regarding #245 MOTION Requesting Use of Special Verdict Form and Interrogatories regarding #243 Proposed Verdict Form filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit 4/9/2018 Transcript Excerpts, #2 Exhibit 4/13/2018 Morning Transcript Excerpts, #3 Exhibit 4/13/2018 Afternoon Transcript Excerpts, #4 Exhibit 4/12/2018 Transcript Excerpts) (Anderson, Mark) |
| Filing 245 MOTION Requesting Use of Special Verdict Form and Interrogatories regarding #243 Proposed Verdict Form filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 244 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 14) held on 4/20/2018. Counsel for both parties present. A total of 10 jurors reported for trial. Defendant continues with presentation of evidence. Jurors admonished and excused for the weekend recess. Continuation of Jury Trial set for 4/23/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
| Filing 243 Proposed Verdict Form by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 242 Proposed Jury Instructions by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 241 OFFICIAL TRANSCRIPT of TRIAL TESTIMONY OF GREGG SCHMIDT held on April 13, 2018, before Senior Judge W. Earl Britt. Court Reporter/Amy M. Condon Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/14/2018. Redacted Transcript Deadline set for 5/24/2018. Release of Transcript Restriction set for 7/22/2018. (Condon, A.) |
| Filing 240 OFFICIAL TRANSCRIPT of TRIAL TESTIMONY OF BILLY KINLAW - DIRECT EXAMINATION ONLY - held on April 12, 2018, before Senior Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/14/2018. Redacted Transcript Deadline set for 5/24/2018. Release of Transcript Restriction set for 7/22/2018. (Condon, A.) |
| Filing 239 OFFICIAL TRANSCRIPT of CONTINUED TRIAL TESTIMONY of DONALD BUTLER held on April 11, 2018, before Senior Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/14/2018. Redacted Transcript Deadline set for 5/24/2018. Release of Transcript Restriction set for 7/22/2018. (Condon, A.) |
| Filing 238 OFFICIAL TRANSCRIPT OF TRIAL TESTIMONY OF DONALD BUTLER held on April 10, 2018, before Senior Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/14/2018. Redacted Transcript Deadline set for 5/24/2018. Release of Transcript Restriction set for 7/22/2018. (Condon, A.) |
| Filing 237 OFFICIAL TRANSCRIPT of JURY TRIAL - MORNING SESSION held on April 19, 2018, before Senior District Judge W. Earl Britt. Court Reporter/Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 5/14/2018. Redacted Transcript Deadline set for 5/24/2018. Release of Transcript Restriction set for 7/22/2018. (Condon, A.) |
| NOTICE of Filing of Official Transcript #238 Transcript, #241 Transcript, #240 Transcript, #239 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.) |
| NOTICE of Filing of Official Transcript #237 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.) |
| Filing 236 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 13) held on 4/19/2018. Counsel for both parties present. A total of 10 jurors reported for trial. Court addresses and arguments made regarding #232 Defendant's motion to strike, request for curative instruction and #233 trial brief. Defendant continues with presentation of evidence. Curative instruction entered. Oral order entered regarding #233 Trial Brief. Jurors admonished and excused for the evening recess. Continuation of Jury Trial set for 4/20/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Amy Condon and Michelle McGirr) (Herrmann, L.) |
| Filing 235 Notice filed by Murphy-Brown, LLC regarding #232 MOTION to Strike , Request for Curative Instruction and Memo in Support : filing of Trial Transcript Excerpts. (Attachments: #1 Exhibit 4/18/18 Trial Tr. Excerpts) (Anderson, Mark) |
|
Filing 234
ORDER granting in part and denying in part #95 Motion in Limine. Signed by Senior Judge W. Earl Britt on 4/19/2018. (Herrmann, L.)
|
| Filing 233 TRIAL BRIEF by Murphy-Brown, LLC. (Attachments: #1 Exhibit Coffey Dep Notice, #2 Exhibit Coffey Dep Excerpts) (Anderson, Mark) |
| Filing 232 MOTION to Strike , Request for Curative Instruction and Memo in Support filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit 4/16/18 Trial Tr. Excerpts, #2 Exhibit 4/17/18 Trial Tr. Excerpts, #3 Exhibit Excerpts of Def. Ex. 77) (Anderson, Mark) |
|
ORAL ORDER denying #233 Trial Brief filed by Murphy-Brown, LLC - The witness is a fact witness and may only testify as to facts. Entered by Senior Judge W. Earl Britt on 4/19/2018. (Herrmann, L.)
|
| Motion Submitted to Senior Judge W. Earl Britt regarding #232 MOTION to Strike , Request for Curative Instruction and Memo in Support as well as the #233 Trial Brief and the #235 Notice regarding [DE 232]. (Edwards, S.) |
|
ORAL ORDER terminating #232 Motion to Strike based on curative instruction entered in open court. Entered by Senior Judge W. Earl Britt on 4/19/2018. (Herrmann, L.)
|
| Filing 231 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 12) held on 4/18/2018. Counsel for both parties present. A total of 10 jurors reported for trial. Defendant continues with presentation of evidence. Jurors admonished and excused for the evening recess. Continuation of Jury Trial set for 4/19/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
| Submitted the #226 Response in Opposition to Senior Judge W. Earl Britt. (Edwards, S.) |
| Filing 230 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 11) held on 4/17/2018. Counsel for both parties present. A total of 10 jurors reported for trial. Defendant continues with presentation of evidence. Jurors admonished and excused for the evening recess. Arguments made regarding Plaintiffs' request for curative instruction. Continuation of Jury Trial set for 4/18/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
|
Filing 229
ORDER granting in part and denying in part #98 Motion in Limine. Signed by Senior Judge W. Earl Britt on 4/17/2018. (Herrmann, L.)
|
| Filing 228 Memorandum in Opposition regarding #224 Trial Brief, filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 227 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 10) held on 4/16/2018. Counsel for both parties present. A total of 11 jurors reported for trial. Plaintiffs continue with presentation of evidence. Plaintiffs publish answers to requests for admission. Plaintiffs offer and exhibits admitted into evidence. Plaintiffs rest. Defendant moves for judgment as a matter of law pursuant to Rule 50. Court denies the motion, except as to the fear of damages - Ruling as to the fear of damages is reserved until the conclusion of evidence. Defendants case-in-chief begins. Jurors admonished and excused for the evening recess. Oral motion by the plaintiffs to strike juror #4. Court grants oral motion to strike. Continuation of Jury Trial set for 4/17/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Amy Condon) (Herrmann, L.) |
| Filing 226 Memorandum in Support regarding #225 MOTION for Judgment as a Matter of Law filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit Excerpts of 4/12/2018 Trial Transcript, #3 Exhibit Excerpts of 4/10/2018 Trial Transcript, #4 Exhibit Complaint in Bordeaux, et al. v. Smithfield Foods, Inc., et al., Case No. 13-CV-10407, #5 Exhibit Rule 41(a)(1) Dismissal in Bordeaux, et al. v. Smithfield Foods, Inc., et al., Case No. 13-CV-10407, #6 Exhibit Excerpts of 4/13/2018 Afternoon Trial Transcript, #7 Exhibit Excerpts of 4/6/2018 Trial Transcript, #8 Exhibit Excerpts of 4/9/2018 Trial Transcript, #9 Exhibit Excerpts of 4/5/2018 Trial Transcript, #10 Exhibit Excerpts of 4/3/2018 Trial Transcript, #11 Exhibit Excerpts of 4/13/2018 Morning Trial Transcript, #12 Exhibit Excerpts of 4/11/2018 Trial Transcript, #13 Exhibit July 25, 2000 Press Release from Attorney General Mike Easley) (Anderson, Mark) |
| Filing 225 MOTION for Judgment as a Matter of Law filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Submitted the #224 Trial Brief to Senior Judge W. Earl Britt. (Edwards, S.) |
|
ORAL ORDER denying #225 MOTION for Judgment as a Matter of Law filed by Murphy-Brown, LLC, except as to the fear of damages. Ruling as to the fear of damages is reserved until the conclusion of evidence. Entered by Senior Judge W. Earl Britt on 4/16/2018. (Herrmann, L.)
|
|
ORAL ORDER granting ORAL Motion to Strike Juror #4. Entered by Senior Judge W. Earl Britt on 4/16/2018. (Herrmann, L.)
|
| ORAL MOTION to Strike Juror #4 filed by Plaintiffs. (Herrmann, L.) |
| Filing 224 TRIAL BRIEF Regarding Curative Instruction for Dale Bollinger Complaint Documents and Judicial Notice by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 223 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 9) held on 4/13/2018. Counsel for both parties present. A total of 11 jurors reported for trial. Plaintiffs continue with presentation of evidence. Jurors admonished and excused for the weekend recess. Continuation of Jury Trial set for 4/16/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporters - Amy Condon and Michelle McGirr) (Herrmann, L.) |
|
Filing 222
ORDER denying without prejudice #76 Motion in Limine and denying without prejudice #78 Motion in Limine. Signed by Senior Judge W. Earl Britt on 4/12/2018. (Edwards, S.)
|
| Filing 221 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 8) held on 4/12/2018. Counsel for both parties present. A total of 11 jurors reported for trial. Plaintiffs continue with presentation of evidence. Jurors admonished and excused for the evening recess. Continuation of Jury Trial set for 4/13/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Amy Condon) (Herrmann, L.) |
|
Filing 220
ORDER parties' designations of, and objections to, the deposition testimony of Gregg Schmidt set forth in the pretrial order, (DE # 186, at 138-47). Signed by Senior Judge W. Earl Britt on 4/11/2018. (Attachments: #1 Excerpts from Schmidt's deposition (includes select pages from 6 - 58), #2 Excerpts from Schmidt's deposition (includes select pages from 59 - 147), #3 Excerpts from Schmidt's deposition (includes select pages from 149 - 197) (Edwards, S.)
|
| Filing 219 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 7) held on 4/11/2018. Counsel for both parties present. A total of 11 jurors reported for trial. Plaintiffs continue with presentation of evidence. Jurors admonished and excused for the evening recess. Continuation of Jury Trial set for 4/12/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Amy Condon) (Herrmann, L.) (Herrmann, L.). |
|
Filing 218
ORDER granting in part and denying in part #72 Motion in Limine. Signed by Senior Judge W. Earl Britt on 4/10/2018. (Edwards, S.)
|
| Motion Submitted to Senior Judge W. Earl Britt regarding #212 MOTION to Amend #186 Pretrial Order Motion for Leave to Amend Witness List. (Edwards, S.) |
| Filing 217 RESPONSE in Opposition regarding #212 MOTION to Amend #186 Pretrial Order Motion for Leave to Amend Witness List filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Rogers dep pp. 208-218, #2 DEQ file records) (Hughes, John) |
| Filing 216 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 6) held on 4/10/2018. Counsel for both parties present. A total of 11 jurors reported for trial - 1 juror excused. Plaintiffs continue with presentation of evidence. Jurors admonished and excused for the evening recess. Continuation of Jury Trial set for 4/11/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Amy Condon) (Herrmann, L.) |
|
Filing 215
ORDER regarding parties designations of, and objections to, the deposition testimony of defendant (30(b)(6) John Sargent) set forth in the pretrial order, (DE #186 , at 163-68). Signed by Senior Judge W. Earl Britt on 4/9/2018. (Herrmann, L.)
|
| Filing 214 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 5) held on 4/9/2018. Counsel for both parties present. A total of 12 jurors reported for trial. Plaintiffs continue with presentation of evidence. Court enters rulings on the objections to the request for admissions and fourth request for production of documents and the requests for admissions on preliminary issues. Jurors admonished and excused for the evening recess. Continuation of Jury Trial set for 4/10/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
| Filing 213 RESPONSE regarding #186 Pretrial Order Response to Plaintiffs' Request to Show Discovery Responses to the Jury filed by Murphy-Brown, LLC. (Anderson, Mark) |
|
ORAL ORDER regarding Defendant's Objections and Responses to Plaintiff Joyce McKiver's First Requests for Admission and Fourth Request for Production of Documents and Defendant's Objections and Responses to Plaintiffs' Amended Request for Admissions on Preliminary Issues. Entered by Senior Judge W. Earl Britt on 4/9/2018. (Herrmann, L.)
|
| Filing 212 MOTION to Amend #186 Pretrial Order Motion for Leave to Amend Witness List filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Excerpts of April 4, 2018 Trial Transcript, #3 Exhibit Excerpts of Rogers Deposition, #4 Exhibit Excerpts of April 6, 2018 Trial Transcript) (Anderson, Mark) |
| Filing 211 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 4) held on 4/6/2018. Counsel for both parties present. A total of 12 jurors reported for trial. Plaintiffs continue with presentation of evidence. Court grants #70 Motion in Limine. Jurors admonished and excused for the weekend recess. Continuation of Jury Trial set for 4/9/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
|
ORAL ORDER granting #70 Motion in Limine. Entered by Senior Judge W. Earl Britt on 4/6/2018. (Herrmann, L.)
|
| Filing 210 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 3) held on 4/5/2018. Counsel for both parties present. Plaintiffs move to sequester witnesses - Court allows. Plaintiffs correct the record regarding exhibits and exhibits accepted into evidence. A total of (12) jurors reported for trial. Evidence for the Plaintiffs continue. Jurors admonished and excused for the evening recess. Continuation of the Jury Trial set for 4/6/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
|
Filing 209
ORDER granting in part and denying in part #68 Motion in Limine; granting in part and denying in part #74 Motion in Limine. Signed by Senior Judge W. Earl Britt on 4/5/2018. (Edwards, S.)
|
|
Filing 208
ORDER parties' designations of, and objections to, the deposition testimony of defendant (30(b)(6) Kraig Westerbeek) set forth in the pretrial order,(DE # 186, at 147-54). Signed by Senior Judge W. Earl Britt on 4/5/2018. (Attachments: #1 Excerpts from Westerbeek's deposition (includes select pages 7 and 80), #2 Excerpts from Westerbeek's deposition (includes select pages 84 and 243), #3 Excerpts from Westerbeek's deposition (includes select pages 244 and 316). (Edwards, S.)
|
| Submitted the Notices at #206 and #207 to Senior Judge W. Earl Britt. (Edwards, S.) |
|
ORAL ORDER granting ORAL Motion to Sequester Witnesses. Entered by Senior Judge W. Earl Britt on 4/5/2018. (Herrmann, L.)
|
| ORAL MOTION to Sequester Witnesses filed by Plaintiffs. (Herrmann, L.) |
| Filing 207 Notice filed by Murphy-Brown, LLC of Playing of Video Deposition of Steve Wing. (Anderson, Mark) |
| Filing 206 Notice filed by Murphy-Brown, LLC of Filing of 30(b)(6) Notice of John Sargent. (Attachments: #1 Exhibit Notice of Deposition, #2 Exhibit Correspondence re Scope of Notice) (Anderson, Mark) |
| Filing 205 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 2) held on 4/4/2018. Counsel for both parties present. A total of (12) jurors reported for trial. Evidence for the Plaintiffs continue. Jurors admonished and excused for the evening recess. Plaintiffs' counsel inquires about use of a demonstrative exhibit. Court allows. Continuation of Jury Trial set for 4/5/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) (Herrmann, L.). |
| Filing 204 Notice filed by Murphy-Brown, LLC of Filing of 30(b)(6) Deposition Notice. (Attachments: #1 Exhibit 30(b)(6) Notice of Murphy-Brown) (Anderson, Mark) |
| Submitted the #203 Response to Senior Judge W. Earl Britt. (Edwards, S.) |
| Submitted the #204 Notice to Senior Judge W. Earl Britt. (Edwards, S.) |
|
ORAL ORDER regarding #80 Motion in Limine to Exclude Expert Testimony of Shane Rogers, Ph.D - Court finds Shane Rogers is an expert in environmental engineering, animal waste management engineering and technology, and microbiology. Entered by Senior Judge W. Earl Britt on 4/4/2018. (Herrmann, L.)
|
| Filing 203 RESPONSE by Defendant Murphy-Brown, LLC regarding #184 Proposed Jury Instructions, Objection to Plaintiffs' Proposed Instruction 7 and Proposed Alternative Instructions (Anderson, Mark) |
| Filing 202 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh: Jury Trial (Day 1) held on 4/3/2018. Michael Kaeske, Jr. and Mona Lisa Wallace present for the plaintiffs. Mark E. Anderson, Valyce M. Davis, and Tennille J. Checkovich present for the defendant. Opening statements by the plaintiffs. Opening statements by the defendant. Arguments made regarding video deposition testimony. Plaintiffs' case-in-chief begins. Plaintiffs present evidence by video testimony. Continuation of Jury Trial set for 4/4/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
| Filing 201 Jury Seating Arrangement - Sealed Document. (Herrmann, L.) |
| Filing 200 Jury Seating Arrangement with challenges - Sealed Document. (Herrmann, L.) |
| Filing 199 Minute Entry for proceedings held before Senior Judge W. Earl Britt: Jury Selection and Voir Dire held on 4/2/2018. Michael Kaeske, Jr. and Mona Lisa Wallace present for the plaintiffs. Mark E. Anderson, Valyce M. Davis, and Tennille J. Checkovich present for the defendant. Court sets out order of proceedings. Further arguments made regarding the use of exhibits in opening statements. 49 jurors present for jury selection - Jurors sworn - All participated in voir dire. Out of presence of the potential jurors - Plaintiffs move to strike jurors for cause. Court denies motions to strike. Parties request additional voir dire questions. Voir Dire completed. Challenges made during bench conference. 12 jurors selected and all others excused. Jury impaneled. Court provides instructions to the jurors, sets out format of the trial. Jurors excused for the evening. Jury Trial set to begin 4/3/2018 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
|
Filing 198
ORDER denying #178 Motion in Limine for jury view. Signed by Senior Judge W. Earl Britt on 4/2/2018. (Briggeman, N.)
|
| Jury Impaneled. (Herrmann, L.) |
|
ORAL ORDER denying ORAL Motion to Strike Jurors for Cause. Entered by Senior Judge W. Earl Britt on 4/2/2018. (Herrmann, L.)
|
| ORAL MOTION to Strike Jurors for Cause filed by Plaintiffs. (Herrmann, L.) |
| Filing 197 Notice filed by Murphy-Brown, LLC regarding #187 Proposed Voir Dire, #171 Notice - other,, Objections to Plaintiffs' Contentions as to the Initial Questions to Ask Potential Jurors Regarding Potential Hardship and Knowledge of the Case and Proposed Voir Dire Questions. (Anderson, Mark) |
| Filing 196 REPLY to Response to Motion regarding #178 MOTION in Limine for Jury View filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit Declaration of W Kinlaw, #3 Exhibit Declaration of K Westerbeek, #4 Exhibit Declaration of R Kinlaw, #5 Exhibit Application Records, #6 Exhibit Declaration of J Bordeaux) (Anderson, Mark) |
| Filing 195 Minute Entry for proceedings held before Senior Judge W. Earl Britt in Raleigh - Chambers: Telephone Conference re: Jury Trial held on 3/30/2018. Michael Kaeske, Jr. on call for the plaintiffs. Eugene E. Matthews, III, Mark E. Anderson, Tennille J. Checkovich on call for the defendant. Parties inquire about the use of exhibits during opening statements. Court directs the parties to attempt to work this out over the weekend. If time allows, Court may address a few exhibits on Monday. Discussion of schedule of jury selection and beginning of the trial. Counsel reminded to be present in the courtroom at 9:00 AM Monday morning. (Herrmann, L.) |
|
Filing 194
ORDER regarding #135 Motion in Limine to Exclude References to and Evidence of Chinese Ownership, Exports of Pork to China and Other Asian Nations; #137 Motion in Limine to Exclude Certain Evidence of Financial Condition; #146 Motion in Limine to Exclude Evidence of Dismissed and Abandoned Claims and Parties; and #151 Omnibus Motion in Limine. Signed by Senior Judge W. Earl Britt on 3/30/2018. (Creasy, L.)
|
| Submitted the #193 Notice to Senior Judge W. Earl Britt. (Edwards, S.) |
| Motion Submitted to Senior Judge W. Earl Britt regarding #178 MOTION in Limine for Jury View. (Creasy, L.) |
| Filing 193 Notice filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr. regarding #180 Proposed Voir Dire (Plaintiffs' Objections to Defendant's Proposed Voir Dire). (Hughes, John) |
| Notice to Counsel - Jury Trial in this matter is set for 10:00 AM on 4/2/2018. Counsel is instructed to be present in the courtroom at 9:00 AM. (Herrmann, L.) |
| Submitted the JOINT STIPULATION regarding #151 MOTION in Limine (Omnibus) to Senior Judge W. Earl Britt. (Creasy, L.) |
| Remark - Received blue Apricorn box containing an external hard drive of defendant's trial exhibits. (Creasy, L.) |
| Filing 192 STIPULATION regarding #151 MOTION in Limine (Omnibus) , Joint Stipulation Concerning Plaintiffs' Omnibus Motion in Limine by Murphy-Brown, LLC (Anderson, Mark) |
|
Filing 190
ORDER on the parties' designations of, and objections to, the deposition testimony of Steve Wing, Ph.D. set forth in the #186 pretrial order at 155-62. Signed by Senior Judge W. Earl Britt on 3/28/2018. (Attachments are excerpted pages from Wing's deposition testimony - in particular, pages falling between: #1 6 and 69, #2 70 and 156, #3 157 and 227, #4 228 and 282, and #5 283 and 358. (Creasy, L.)
|
| Filing 189 RESPONSE in Opposition regarding #178 MOTION in Limine for Jury View filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Wing dep, #2 Ethel Davis, #3 Daphne McKoy, #4 Swine Odor Task Force, #5 Richard Kinlaw) (Hughes, John) |
| Filing 188 OFFICIAL TRANSCRIPT of Pre-Trial Hearing held on March 6, 2018 before Senior District Court Judge W. Earl Britt. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 4/21/2018. Redacted Transcript Deadline set for 5/1/2018. Release of Transcript Restriction set for 6/29/2018. (McGirr, M.) |
| NOTICE of Filing of Official Transcript #188 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (McGirr, M.) |
| Remark - Received a 3-ring binder containing courtesy copies of plaintiffs' #171 notice, #184 jury instructions, #185 trial brief and #187 voir dire and a second binder containing a copy of the pretrial order. (Creasy, L.) |
| Filing 187 Proposed Voir Dire by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
|
Filing 186
PRETRIAL ORDER. Signed by Senior Judge W. Earl Britt on 3/27/2018. (Creasy, L.)
|
| Motion Submitted to Senior Judge W. Earl Britt regarding #178 MOTION in Limine for Jury View. (Creasy, L.) |
| Remark - Received 3-ring binder containing courtesy copies of defendant's #180 voir dire, #181 trial brief, #182 jury instructions and #183 verdict form. (Creasy, L.) |
| Motion No Longer Submitted to Senior Judge W. Earl Britt: regarding #178 MOTION in Limine for Jury View. (Creasy, L.) |
| Filing 185 TRIAL BRIEF by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 American Jurisprudence sections) (Hughes, John) |
| Filing 184 Proposed Jury Instructions by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 183 Proposed Verdict Form by Murphy-Brown, LLC. (Attachments: #1 Exhibit Proposed Verdict Form) (Anderson, Mark) |
| Filing 182 Proposed Jury Instructions by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 181 TRIAL BRIEF by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 180 Proposed Voir Dire by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 179 Memorandum in Support regarding #178 MOTION in Limine for Jury View filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Image of Plaintiffs' Properties) (Anderson, Mark) |
| Filing 178 MOTION in Limine for Jury View filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 177 Proposed Pretrial Order by Joyce McKiver (Manchin, Eric) |
| ORAL WITHDRAWAL of Motion in Limine to Exclude Evidence of Diagnosable Medical Conditions at Trial by Murphy-Brown, LLC (see #191 ). (Creasy, L.) |
|
ORAL ORDER as to Defendant's Motions in Limine. Granting in part and denying in part #104 Motion Regarding Scope of Evidence; granting #125 Motion to Exclude Certain Photographic and Video Evidence; denying #127 Motion to Exclude Evidence of Alleged Water Contamination; denying in part and denying without prejudice in part #129 Motion to Exclude Evidence of Animal Welfare; granting in part and denying in part #133 Motion to Exclude Evidence of Lobbying and Public Relations Efforts and Employee Compensation; allowing in part, denying in part and reserved ruling in part #135 Motion to Exclude References to and Evidence of Chinese Ownership, Exports of Pork to China and Other Asian Nations, and Racial Issues; reserved ruling #137 Motion to Exclude Certain Evidence of Financial Condition; and denying without prejudice #144 Motion regarding Cumulative Expert Testimony. Issued by Senior Judge W. Earl Britt on 3/21/2018. (Creasy, L.)
|
|
ORAL ORDER as to Plaintiffs' Motions in Limine. Granting in part and denying in part #139 Motion to Exclude Medical Records; granting #142 Motion to Exclude Expert Testimony from Defendant's Lay Witnesses; reserved ruling #146 Motion to Exclude Evidence of Dismissed and Abandoned Claims and Parties; granting #148 Motion to Exclude Evidence or Arguments Regarding Hiring an Attorney; and reserved ruling #151 Omnibus Motion. Issued by Senior Judge W. Earl Britt on 3/21/2018. (Creasy, L.)
|
| Filing 191 Minute Entry for proceedings held before Senior Judge W. Earl Britt and Magistrate Judge Robert B. Jones, Jr. in Raleigh. Status Conference held on 3/21/2018. John Hughes, Lisa Blue and Michael Kaeske, Jr. present for plaintiffs. Mark Anderson, Tennille Checkovich, Christian Henneke and Valyce Davis present for defendant. The court first inquires as to the status of the docketing of the highlighted portions of the deposition testimony designated in the revised #175 proposed pretrial order. Parties advise as to confidentiality concerns and provide hard copies. Next, the court identifies portions of the revised pretrial order requiring edits. Third, the court provides instructions regarding the submission of exhibits. The court directs the parties to submit exhibits to chambers electronically via a thumb drive and reminds the parties of their obligation to provide hard copies to the courtroom deputy. Plaintiffs to contact IT regarding the use of a thumb drive (as opposed to a DVD) during the trial. The court then discusses the parties' notices ( #156 , #160 , #171 ) regarding hardship and case knowledge questions to potential jurors. The court explains its jury selection process. The court allows parties to file written responses to each other's respective prospective juror notice filings if they wish. The court hears argument on defendant's motions in limine followed by argument on plaintiffs' motions in limine. The court rules as follows as to defendant's motions: #104 Scope of Evidence - allowed in part, denied in part; #125 Photographic/Video Evidence - allowed; #127 Alleged Water Contamination - denied; #129 Animal Welfare - denied in part, denied without prejudice in part; #131 Diagnosable Medical Conditions - withdrawn; #133 Lobbying/Public Relations Efforts/Employee Compensation - allowed in part, denied part; #135 Chinese Ownership/Exports/Racial Issues - allowed in part, denied in part, reserved ruling in part; and #137 Financial Condition - reserved ruling. The court rules as follows as to plaintiffs' motions: #139 Medical Records - allowed in part, denied in part; #142 Expert Testimony from Lay Witnesses - allowed; #146 Dismissed and Abandoned Claims and Parties - reserved ruling; #148 Hiring an Attorney - allowed; #151 Omnibus - reserved ruling. Parties advise to opening statement time needed in response to the court's question. Plaintiffs seek permission to use exhibits during opening statements in accordance with Local Civil Rule 16.1(c)(3). The court directs the parties to provide the opening statement exhibits for its consideration. Court advises that juror information is provided to counsel on the day of voir dire. (Court Reporter Michelle McGirr) (Creasy, L.) |
| Filing 176 Notice of Appearance filed by Valyce M. Davis on behalf of Murphy-Brown, LLC. (Davis, Valyce) |
| Filing 175 Proposed Pretrial Order by Joyce McKiver (Manchin, Eric) |
| Filing 174 Memorandum in Opposition regarding #123 Notice - other filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Dr. Clancy Deposition Excerpts) (Anderson, Mark) |
| Filing 173 Memorandum in Opposition regarding #137 MOTION in Limine to Exclude Certain Evidence of Financial Condition filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 172 RESPONSE in Opposition regarding #142 MOTION in Limine to Exclude Expert Testimony from Defendant's Lay Witnesses filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit K. Westerbeek Dep. Excerpts, #3 Exhibit K. Westerbeek 30(b)(6) Dep. Excerpts, #4 Exhibit 30(b)(6) notice, #5 Exhibit Dr. Coffey 30(b)(6) Dep. Excerpts) (Anderson, Mark) |
| Filing 171 Notice filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr. regarding #153 Set Deadlines/Hearings, (Contentions as to the Initial Questions to Ask Potential Jurors Regarding Potential Hardship and Knowledge of the Case). (Hughes, John) |
| Filing 170 Memorandum in Opposition regarding #135 MOTION in Limine to Exclude References to and Evidence of Chinese Ownership, Exports of Pork to China and Other Asian Nations, and Racial Issues [Chinese Ownership and Exports to China] filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 169 RESPONSE in Opposition regarding #151 MOTION in Limine (Omnibus) filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Jan. 27 Production) (Anderson, Mark) |
| Filing 168 Memorandum in Opposition regarding #133 MOTION in Limine to Exclude Evidence of Lobbying and Public Relations Efforts and Employee Compensation filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Odor Rules, #2 Butler dep exh 15) (Hughes, John) |
| Filing 167 RESPONSE in Opposition regarding #139 MOTION in Limine to Exclude Medical Records filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Medical Records Declaration Page) (Anderson, Mark) |
| Filing 166 Memorandum in Opposition regarding #127 MOTION in Limine to Exclude Evidence of Alleged Water Contamination filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 MB203004746-48, #2 Schmidt email, #3 Montgomery letter, #4 Email chain, #5 Media materials, #6 Photo, #7 Kinlaw dep excerpts) (Hughes, John) |
| Filing 165 RESPONSE in Opposition regarding #146 MOTION in Limine to Exclude Evidence of Dismissed and Abandoned Claims and Parties filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 164 Memorandum in Opposition regarding #104 MOTION in Limine Regarding the Scope of Evidence at Trial filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Searles dep exh 7, #2 Searles dep exh 2, #3 Dunham dep excerpts) (Hughes, John) |
| Filing 163 Memorandum in Opposition regarding #135 MOTION in Limine to Exclude References to and Evidence of Chinese Ownership, Exports of Pork to China and Other Asian Nations, and Racial Issues [Racial Issues] filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 NC Farm Families, #2 M. Vance, #3 B. Solow, #4 S. Schwebke, #5 Wright dep excerpts) (Hughes, John) |
| Filing 162 Memorandum in Opposition regarding #144 MOTION in Limine Regarding Cumulative Expert Testimony at Trial filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Gallardo v. U.S., #2 Lowry report excerpts, #3 See report excerpts) (Hughes, John) |
| Filing 161 Memorandum in Opposition regarding #125 MOTION in Limine to Exclude Certain Photographic and Video Evidence at Trial filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Examples of Photos) (Hughes, John) |
| Filing 160 Notice filed by Murphy-Brown, LLC regarding #153 Set Deadlines/Hearings, Contentions as to the Initial Questions to Ask Potential Jurors Regarding Potential Hardship and Knowledge of the Case. (Anderson, Mark) |
| Filing 159 Memorandum in Opposition regarding #131 MOTION in Limine to Exclude Evidence of Diagnosable Medical Conditions at Trial filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Lewis depo excerpts) (Hughes, John) |
| Filing 158 Memorandum in Opposition regarding #129 MOTION in Limine to Exclude Evidence of Animal Welfare at Trial filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Schmidt depo excerpts, #2 MB207003574-614, #3 09/30/15 email, #4 10/8/13 email) (Hughes, John) |
| Filing 157 RESPONSE in Opposition regarding #148 MOTION in Limine to Exclude Evidence or Arguments Regarding Hiring an Attorney filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit McKiver Deposition Excerpts, #3 Exhibit Thu Deposition Excerpts, #4 Exhibit Davis Odor Calendar) (Anderson, Mark) |
| Filing 156 Notice filed by Murphy-Brown, LLC regarding #153 Set Deadlines/Hearings, Notice of Agreed Statement to be Read to the Potential Jurors Regarding the Nature of the Case. (Attachments: #1 Exhibit Agreed Statement to be Read to the Potential Jurors Regarding the Nature of the Case) (Anderson, Mark) |
|
Filing 155
ORDER denying #56 Motion to Bifurcate. Signed by Senior Judge W. Earl Britt on 3/16/2018. (Briggeman, N.)
|
|
Filing 154
ORDER regarding #153 Hearing: The court will hear arguments on the pending motions in limine on Wednesday, 21 March 2018, 10:00 a.m., Federal Courthouse, 7th floor, Courtroom 2, Raleigh, North Carolina. Signed by Senior Judge W. Earl Britt on 3/15/2018. (Creasy, L.)
|
|
Filing 153
Order Setting Hearing - Status Conference set for 3/21/2018 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. The parties are reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge W. Earl Britt on 3/14/2018. (Creasy, L.)
|
| Remark - Received 3-ring binder containing courtesy copies of plaintiffs' #124 response (and attachments) to #80 motion, #123 notice, and #139 , #142 , #146 , #148 , #151 motions in limine and supporting memoranda/exhibits. (Creasy, L.) |
| Notice to Counsel regarding: #146 Motion in Limine, #139 Motion in Limine, #141 Motion in Limine, #144 Motion in Limine, #150 Motion in Limine, #148 Motion in Limine, #142 Motion in Limine, #151 Motion in Limine. Counsel incorrectly included proposed orders as attachments to the memorandum filed in support of each motion identified above rather than to each motion. See Section V.I.(3) of the CM/ECF Policies and Procedures Manual. In future filings, counsel shall include proposed orders as attachments to motions. As a reminder, counsel shall email proposed orders in a word processing format to documents_judge_britt@nced.uscourts.gov in accordance with Senior U.S. District Judge W. Earl Britt's Practice Preferences, http://www.nced.uscourts.gov/judges/brittpref.aspx. (Creasy, L.) |
| NOTICE OF DEFICIENCY regarding: #141 Motion in Limine and #150 Motion in Limine. Memoranda of law in support of these motions are missing. Counsel should file their memoranda, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linking to the relevant motions when prompted. (Creasy, L.) |
| Remark - Received 3-ring binder containing courtesy copies of plaintiffs' responses ( #115 , #116 , #117 , #118 , #119 and #120 ) to motions in limine ( #68 , #70 , #72 , #74 , #76 , #78 ). Courtesy copy of #124 response to #80 motion in transit. (Creasy, L.) |
| Remark - Received 3-ring binder containing courtesy copies of defendant's motions ( #125 , #127 , #129 , #131 , #133 , #135 , #137 , #144 ) and supporting memoranda/exhibits ( #126 , #128 , #130 , #132 , #134 , #136 , #138 , and #145 ). (Creasy, L.) |
| Filing 152 Memorandum in Support regarding #151 MOTION in Limine (Omnibus) filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Proposed Order) (Hughes, John) |
| Filing 151 MOTION in Limine (Omnibus) filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 150 'FILED IN ERROR - SEE #151 ' MOTION in Limine (Omnibus) filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) Modified on 3/13/2018 based on 3/13/18 email from L. Wike with Wallace and Graham, P.A. to chambers. (Creasy, L.). |
| Filing 149 Memorandum in Support regarding #148 MOTION in Limine to Exclude Evidence or Arguments Regarding Hiring an Attorney filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Deposition Excerpts, #2 Proposed Order) (Hughes, John) |
| Filing 148 MOTION in Limine to Exclude Evidence or Arguments Regarding Hiring an Attorney filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 147 Memorandum in Support regarding #146 MOTION in Limine to Exclude Evidence of Dismissed and Abandoned Claims and Parties filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Cited depo pages, #2 Proposed Order) (Hughes, John) |
| Filing 146 MOTION in Limine to Exclude Evidence of Dismissed and Abandoned Claims and Parties filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 145 Memorandum in Support regarding #144 MOTION in Limine Regarding Cumulative Expert Testimony at Trial filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 144 MOTION in Limine Regarding Cumulative Expert Testimony at Trial filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 143 Memorandum in Support regarding #142 MOTION in Limine to Exclude Expert Testimony from Defendant's Lay Witnesses filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Coffey depo pages, #2 Westerbeek depo pages, #3 Proposed Order) (Hughes, John) |
| Filing 142 MOTION in Limine to Exclude Expert Testimony from Defendant's Lay Witnesses filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 141 'FILED IN ERROR - SEE #142 ' MOTION in Limine to Exclude Expert Testimony from Defendant's Lay Witnesses filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) Modified on 3/13/2018 based on 3/13/18 email from L. Wike with Wallace and Graham, P.A. to chambers. (Creasy, L.). |
| Filing 140 Memorandum in Support regarding #139 MOTION in Limine to Exclude Medical Records filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Cited depo pages, #2 Proposed Order) (Hughes, John) |
| Filing 139 MOTION in Limine to Exclude Medical Records filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 138 Memorandum in Support regarding #137 MOTION in Limine to Exclude Certain Evidence of Financial Condition filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 137 MOTION in Limine to Exclude Certain Evidence of Financial Condition filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 136 Memorandum in Support regarding #135 MOTION in Limine to Exclude References to and Evidence of Chinese Ownership, Exports of Pork to China and Other Asian Nations, and Racial Issues filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit Moratorium Bill, #3 Exhibit Westerbeek Dep. Excerpts, #4 Exhibit Kinlaw Farm Certificate of Coverage, #5 Exhibit Coffey Dep. Excerpts, #6 Exhibit Gillis Dep. Excerpts, #7 Exhibit 2018 News Article, #8 Exhibit 2013 Environmental Health Perspectives Article, #9 Exhibit Waldon Dep. Excerpts, #10 Exhibit Wing and Johnson 2014 Article) (Anderson, Mark) |
| Filing 135 MOTION in Limine to Exclude References to and Evidence of Chinese Ownership, Exports of Pork to China and Other Asian Nations, and Racial Issues filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 134 Memorandum in Support regarding #133 MOTION in Limine to Exclude Evidence of Lobbying and Public Relations Efforts and Employee Compensation filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit News & Observer Articles) (Anderson, Mark) |
| Filing 133 MOTION in Limine to Exclude Evidence of Lobbying and Public Relations Efforts and Employee Compensation filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 132 Memorandum in Support regarding #131 MOTION in Limine to Exclude Evidence of Diagnosable Medical Conditions at Trial filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Transcript of December 4, 2017 Hearing Excerpts, #2 Exhibit Deborah Johnson Second Supplemental Fact Sheet Excerpts) (Anderson, Mark) |
| Filing 131 MOTION in Limine to Exclude Evidence of Diagnosable Medical Conditions at Trial filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 130 Memorandum in Support regarding #129 MOTION in Limine to Exclude Evidence of Animal Welfare at Trial filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Kinlaw Farm Third Amended Fact Sheet Excerpts, #2 Exhibit Billy Kinlaw Deposition Excerpts, #3 Exhibit Steven Wing Deposition Excerpts) (Anderson, Mark) |
| Filing 129 MOTION in Limine to Exclude Evidence of Animal Welfare at Trial filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 128 Memorandum in Support regarding #127 MOTION in Limine to Exclude Evidence of Alleged Water Contamination filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Pls.' SRRFAs and Dep. Excerpts) (Anderson, Mark) |
| Filing 127 MOTION in Limine to Exclude Evidence of Alleged Water Contamination filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 126 Memorandum in Support regarding #125 MOTION in Limine to Exclude Certain Photographic and Video Evidence at Trial filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Ex. A - Def.'s First Req. for Prod. of Docs. to Pls., #2 Exhibit Ex. B - Notices of Deposition, #3 Exhibit Ex. C - 1/29/18 Production, #4 Exhibit Ex. D - Def.'s Req. for Entry Upon Land and Inspection, #5 Exhibit Ex. E - Sample Photos) (Anderson, Mark) |
| Filing 125 MOTION in Limine to Exclude Certain Photographic and Video Evidence at Trial filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Remark - Received courtesy copies of defendant's responses [109-114, 121-122] to plaintiffs' motions in limine. (Creasy, L.) |
| Filing 124 RESPONSE in Opposition regarding #80 MOTION in Limine to Exclude Expert Testimony of Shane Rogers, Ph.D filed by Joyce McKiver. (Attachments: #1 Clancy depo excerpts, #2 Inspection Protocol, #3 Rogers Dec, #4 Rogers Report, #5 Lab Report, #6 Spreadsheets and COC, #7 Lucas depo excerpts, #8 Schiffman) (Hughes, John) |
| Filing 123 Notice filed by Joyce McKiver regarding #81 Memorandum in Support, (Plaintiffs' Notice of Filing of Objection to Untimely Declaration). (Hughes, John) |
| Filing 122 RESPONSE in Opposition regarding #98 MOTION in Limine to Exclude or Limit Expert Testimony of Jennifer L. Clancy filed by Murphy-Brown, LLC. (Attachments: #1 Index Index of Exhibits, #2 Exhibit Dr. Clancy's Report, #3 Exhibit Dr. Clancy's Deposition, #4 Exhibit Salonen Article, #5 Exhibit Mieszkin Article, #6 Exhibit Dr. Rogers' Deposition, #7 Exhibit Dr. Clancy's Supplemental Report, #8 Text of Proposed Order) (Anderson, Mark) |
| Filing 121 RESPONSE in Opposition regarding #88 MOTION in Limine to Exclude or Limit Expert Testimony of William A. Kreutzberger filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit A: SRRFA and Dep. Excerpts, #2 Exhibit B: Kreutzberger Expert Report, #3 Exhibit C: Kreutzberger Dep. Excerpts, #4 Text of Proposed Order) (Anderson, Mark) |
| Filing 120 RESPONSE in Opposition regarding #74 MOTION in Limine to Exclude Expert Testimony of Dr. C. Robert Taylor filed by Joyce McKiver. (Attachments: #1 Taylor depo pgs, #2 Wise/Trist paper excerpts, #3 Taylor CV) (Hughes, John) |
| Filing 119 RESPONSE in Opposition regarding #78 MOTION in Limine to Exclude Expert Testimony of Jeffery Tomberlin, Ph.D. filed by Joyce McKiver. (Attachments: #1 Tomberlin depo pgs, #2 Ex parte Swearingen, #3 Tomberlin Reliance List, #4 McKiver Plaintiff depo pgs, #5 Shed and fly bait photo, #6 Overhead view, #7 Street level photo, #8 Home flies photo, #9 Flypaper photo) (Hughes, John) |
| Filing 118 RESPONSE in Opposition regarding #70 MOTION in Limine to Exclude Expert Testimony of Kendall Thu, Ph.D. filed by Joyce McKiver. (Attachments: #1 Thu depo excerpts) (Hughes, John) |
| Filing 117 RESPONSE in Opposition regarding #68 MOTION in Limine to Exclude Expert Testimony of James Merchant, M.D., Dr. P.H. filed by Joyce McKiver. (Attachments: #1 Merchant depo excerpts) (Hughes, John) |
| Filing 116 RESPONSE in Opposition regarding #72 MOTION in Limine to Exclude Expert Testimony of Dr. Thomas N. Hubbard filed by Joyce McKiver. (Attachments: #1 Hubbard depo pgs, #2 2001 Smithfield Annual Rep excerpt, #3 WH Group excerpts, #4 Smithfield 10-K excerpts, #5 Reinert excerpts, #6 Gonzalez excerpts, #7 6/1/17 Smithfield Press Release, #8 Hubbard 2001 article excerpt, #9 Smithfield website excerpts, #10 Proposed Order) (Hughes, John) |
| Filing 115 RESPONSE in Opposition regarding #76 MOTION in Limine to Exclude Expert Testimony of Viney P. Aneja, Ph.D. filed by Joyce McKiver. (Attachments: #1 Aneja Publication Summary, #2 Survey of Corp Docs, #3 Restatement of Torts 830, #4 Restatement of Torts 828, #5 2007 Aneja paper, #6 Proposed Order) (Hughes, John) |
| Filing 114 Memorandum in Opposition regarding #90 MOTION in Limine to Exclude Expert Testimony of Richard M. Houseman filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Houseman CV, #3 Exhibit Tomberlin Dep. Excerpts, #4 Exhibit Houseman Dep. Excerpts, #5 Exhibit Geden 2005 Article) (Anderson, Mark) |
| Filing 113 RESPONSE in Opposition regarding #95 MOTION in Limine for Exclusions of Opinions of Pamela Dalton, Ph.D. filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order, #2 Index, #3 Exhibit Dalton CV, #4 Exhibit Dalton Dep. Excerpts, #5 Exhibit Schiffman 2001 Article, #6 Exhibit Schiffman 2005 Article, #7 Exhibit Dalton 2011 Article, #8 Exhibit Sheffield 2006 Article) (Anderson, Mark) |
| Filing 112 RESPONSE in Opposition regarding #85 MOTION in Limine to Exclude or Limit Expert Testimony of Keith Ramsey, M.D. filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Ramsey Dep. Excerpts, #3 Exhibit Ramsey CV, #4 Exhibit Merchant Dep. Excerpts, #5 Exhibit Wing Dep. Excerpts) (Anderson, Mark) |
| Filing 111 RESPONSE in Opposition regarding #93 MOTION in Limine for Partial Exclusion of Expert Opinions of Herman Gibb filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Text of Proposed Order, #3 Exhibit Gibb Jan 2017 Report, #4 Exhibit Gibb Feb 2017 Report, #5 Exhibit Excerpts from S. Wing Dep., #6 Exhibit Wing and Thu 2008, #7 Exhibit Wing 2008, #8 Exhibit Excerpts from J. Merchant Dep.) (Anderson, Mark) |
| Filing 110 RESPONSE in Opposition regarding #87 MOTION in Limine to Exclude Expert Opinions of Nicholas Piggott, PH.D. filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Piggott CV, #2 Exhibit Excerpts from Piggott Dep, #3 Text of Proposed Order) (Anderson, Mark) |
| Filing 109 RESPONSE in Opposition regarding #82 MOTION in Limine to Exclude or Limit Expert Testimony of Roger Waldon filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Batuyois Appraisals, #3 Exhibit Waldon CV, #4 Exhibit Waldon Award Letter, #5 Exhibit Waldon Deposition Excerpts) (Anderson, Mark) |
| Notice to Counsel regarding #104 Motion in Limine. The court has not received a courtesy copy of this filing. See notice entered on 3/2/18. (Creasy, L.) |
|
Filing 108
Order Setting Hearings - Final Pretrial Conference for Seventh Trial Group #106 set for 8/30/2018 at 4:30 PM by video conference, with the parties appearing in Raleigh - 7th Floor - Courtroom 2, before US Magistrate Judge Robert B. Jones, Jr. Jury Trial set for 9/10/2018 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. Signed by US Magistrate Judge Robert B. Jones, Jr. on 3/7/2018. (Creasy, L.)
|
| Filing 107 Minute Entry for proceedings held before Senior Judge W. Earl Britt and Magistrate Judge Robert B. Jones Jr. in Raleigh: Final Pretrial Conference held on 3/6/2018. Michael Kaeske, Jr., Mona Lisa Wallace present for the plaintiffs. Eugene E. Matthews, III, Mark E. Anderson, Tennille J. Checkovich present for the defendant. Court's opening remarks. Court sets out use and purpose of the pretrial order. Copy of sample pretrial order provided to the parties. Direction provided regarding the refiling of the pretrial order. Parties confirm they have received, or have discussed scheduling courtroom technology training. Parties jointly move for the use of more advanced courtroom technology during the trial - they will install and test prior. Judge Britt allows subject to approval by Glenna Falk. Discussion of the number of jurors that should be called, how many will be selected. Plaintiff inquires about selection process and Court responds. Court moves on to discussion of particular aspects of the pretrial order and notes necessary corrections - table of contents, stipulations, exhibits, designation of pleadings and discovery materials, and witnesses. Court inquires about the need for same day transcripts. Parties state they will be needed. Defense counsel inquires about procedure for opening statements and Court responds. Court is open to resolving issues the parties are unable to prior to trial. Pretrial order to be resubmitted the week of March 19th. (Court Reporter - Michelle McGirr) (Herrmann, L.) |
| Submitted #106 Notice to Senior Judge W. Earl Britt. (Creasy, L.) |
| Filing 106 Notice filed by Joyce McKiver (Plaintiffs' Notice of Selection of Seventh Trial Group). (Hughes, John) |
| Notice to Counsel regarding #104 Motion in Limine. Pursuant to Judge Britt's Practice Preferences http://www.nced.uscourts.gov/judges/brittpref.aspx,counsel shall provide a courtesy copy (three-hole punched and tabbed) of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Creasy, L.) |
| Filing 105 Memorandum in Support regarding #104 MOTION in Limine Regarding the Scope of Evidence at Trial filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Excerpts of Second Supplemental Fact Sheet of Deborah Johnson, #2 Exhibit Excerpts of Second Supplemental Fact Sheet of Ethel Davis, #3 Exhibit Excerpts of Deposition of Don Butler, #4 Exhibit Excerpts of Deposition of Gregg Schmidt) (Anderson, Mark) |
| Filing 104 MOTION in Limine Regarding the Scope of Evidence at Trial filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 103 ANSWER to #64 Amended Complaint, by Murphy-Brown, LLC. (Anderson, Mark) |
| Motion Submitted to Senior Judge W. Earl Britt: #56 MOTION to Bifurcate. (Creasy, L.) |
| Filing 102 REPLY to Response to Motion regarding #56 MOTION to Bifurcate filed by Murphy-Brown, LLC. (Anderson, Mark) |
|
Filing 101
Order Resetting Hearing - Final Pretrial Conference set for 3/6/2018 at 10:30 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt and United States Magistrate Judge Robert B. Jones, Jr. Signed by United States Magistrate Judge Robert B. Jones, Jr. on 2/21/2018. (Creasy, L.)
|
| Remark - On 2/20/18, received courtesy copies of defendant's motions ( #68 , #70 , #72 , #74 , #76 , #78 and #80 ) and supporting memoranda docketed on 2/19/18. Delivered copies to chambers on 2/21/18. (Creasy, L.) |
| Filing 100 Proposed Pretrial Order by Joyce McKiver. (Hughes, John) |
| REMINDER TO COUNSEL: Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Creasy, L.) |
| Filing 99 Memorandum in Support regarding #98 MOTION in Limine to Exclude or Limit Expert Testimony of Jennifer L. Clancy filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Rogers Report excerpts, #2 Mieszkin 2009, #3 Boehm 2013, #4 Heaney 2015, #5 Rogers depo excerpts, #6 Clancy depo excerpts, #7 Clancy Report excerpts, #8 Flory article, #9 QAA Index, #10 Flory Resume, #11 QAA Projects, #12 Clancy Supp Report excerpts, #13 Text of Proposed Order) (Hughes, John) |
| Filing 98 MOTION in Limine to Exclude or Limit Expert Testimony of Jennifer L. Clancy filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 97 Notice filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr. regarding #96 Memorandum in Support,, Declaration of Counsel. (Attachments: #1 Missouri Reg, #2 Colorado Rev, #3 Maine Solid Waste, #4 New Jersey DEP, #5 St. Croix Sensory, #6 Thomas Mahin, #7 Eliot Epstein, #8 NC Swine Odor Task Force) (Hughes, John) |
| Filing 96 Memorandum in Support regarding #95 MOTION in Limine for Exclusions of Opinions of Pamela Dalton, Ph.D. filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Dalton Report, #2 Dalton depo excerpts, #3 Text of Proposed Order) (Hughes, John) |
| Filing 95 MOTION in Limine for Exclusions of Opinions of Pamela Dalton, Ph.D. filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 94 Memorandum in Support regarding #93 MOTION in Limine for Partial Exclusion of Expert Opinions of Herman Gibb filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Gibb Report 2-17-17, #2 Gibb Report 1-20-17, #3 Gibb depo excerpts, #4 Text of Proposed Order) (Hughes, John) |
| Filing 93 MOTION in Limine for Partial Exclusion of Expert Opinions of Herman Gibb filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 92 Memorandum in Support regarding #87 MOTION in Limine to Exclude Expert Opinions of Nicholas Piggott, PH.D. filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Piggott depo excerpts, #2 Piggott Report 1-20-17, #3 Piggot Report 2-22-17, #4 RTI International, #5 Hirsch Law & Economics, #6 Hylton, #7 Alt to Zoning, #8 Proposed Order) (Hughes, John) |
| Filing 91 Memorandum in Support regarding #90 MOTION in Limine to Exclude Expert Testimony of Richard M. Houseman filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Houseman depo excerpts, #2 Houseman Expert Report, #3 Photo, #4 QuikStrike website info, #5 Proposed Order) (Hughes, John) |
| Filing 90 MOTION in Limine to Exclude Expert Testimony of Richard M. Houseman filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 89 Memorandum in Support regarding #88 MOTION in Limine to Exclude or Limit Expert Testimony of William A. Kreutzberger filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Kreutzberger Report, #2 Kreutzberger depo excerpts, #3 Prop Order) (Hughes, John) |
| Filing 88 MOTION in Limine to Exclude or Limit Expert Testimony of William A. Kreutzberger filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 87 MOTION in Limine to Exclude Expert Opinions of Nicholas Piggott, PH.D. filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 86 Memorandum in Support regarding #85 MOTION in Limine to Exclude or Limit Expert Testimony of Keith Ramsey, M.D. filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Ramsey Report, #2 Ramsey depo excerpts, #3 Proposed Order) (Hughes, John) |
| Filing 85 MOTION in Limine to Exclude or Limit Expert Testimony of Keith Ramsey, M.D. filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 84 Notice filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr. regarding #83 Memorandum in Support,, (Remaining Exhibits). (Attachments: #1 Morrill website, #2 Proposed Order) (Hughes, John) |
| Filing 83 Memorandum in Support regarding #82 MOTION in Limine to Exclude or Limit Expert Testimony of Roger Waldon filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Waldon Report, #2 Examples of Appraisals, #3 Waldon depo excerpts, #4 Morrill paper (Part 1)) (Hughes, John) |
| Filing 82 MOTION in Limine to Exclude or Limit Expert Testimony of Roger Waldon filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
| Filing 81 Memorandum in Support regarding #80 MOTION in Limine to Exclude Expert Testimony of Shane Rogers, Ph.D filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit Dr. Shane Rogers expert report, #3 Exhibit Dr. Clancy declaration, #4 Exhibit Dr. Shane Rogers February 21, 2017, deposition, #5 Exhibit Anderson map, #6 Exhibit Artis map, #7 Exhibit Gillis map, #8 Exhibit McGowan map, #9 Exhibit McKiver map) (Anderson, Mark) |
| Filing 80 MOTION in Limine to Exclude Expert Testimony of Shane Rogers, Ph.D filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 79 Memorandum in Support regarding #78 MOTION in Limine to Exclude Expert Testimony of Jeffery Tomberlin, Ph.D. filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit J. Tomberlin Expert Report, #2 Exhibit Excerpts of J. Tomberlin Deposition, #3 Exhibit Excerpts of R. Houseman Deposition, #4 Exhibit J. Tomberlin Supplemental Expert Report) (Anderson, Mark) |
| Filing 78 MOTION in Limine to Exclude Expert Testimony of Jeffery Tomberlin, Ph.D. filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 77 Memorandum in Support regarding #76 MOTION in Limine to Exclude Expert Testimony of Viney P. Aneja, Ph.D. filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit Aneja CV, #3 Exhibit Aneja Jan 20, 2017 Report, #4 Exhibit Aneja Deposition Transcript, #5 Exhibit Aneja et al. 2006, #6 Exhibit Excerpts from Deposition of T. Coffey, #7 Exhibit Excerpts from Transcript of Hearing in Owens v. Contigroup, #8 Exhibit Excerpts from Project OPEN Report, #9 Exhibit Map of Properties in McKiver, #10 Exhibit Aneja Feb 17, 2017 Report, #11 Exhibit Aneja Report in Owens v. Contigroup) (Anderson, Mark) |
| Filing 76 MOTION in Limine to Exclude Expert Testimony of Viney P. Aneja, Ph.D. filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 75 Memorandum in Support regarding #74 MOTION in Limine to Exclude Expert Testimony of Dr. C. Robert Taylor filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit Deposition of Dr. C. Robert Taylor, #3 Exhibit Excerpts from Deposition of Dr. Thomas N. Hubbard, #4 Exhibit Excerpt from Mankiw, Principles of Microeconomics) (Anderson, Mark) |
| Filing 74 MOTION in Limine to Exclude Expert Testimony of Dr. C. Robert Taylor filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 73 Memorandum in Support regarding #72 MOTION in Limine to Exclude Expert Testimony of Dr. Thomas N. Hubbard filed by Murphy-Brown, LLC. (Attachments: #1 Index, #2 Exhibit Expert Report of Thomas N. Hubbard, #3 Exhibit Deposition of Thomas N. Hubbard, #4 Exhibit Excerpts from Deposition of Dr. Terry Coffey, #5 Exhibit Expert Report of Dr. Nicholas E. Piggott, #6 Exhibit Excerpts from Deposition of Dr. Viney P. Aneja, #7 Exhibit Excerpt from Mankiw, Principles of Microeconomics) (Anderson, Mark) |
| Filing 72 MOTION in Limine to Exclude Expert Testimony of Dr. Thomas N. Hubbard filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 71 Memorandum in Support regarding #70 MOTION in Limine to Exclude Expert Testimony of Kendall Thu, Ph.D. filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Thu Expert Report, #2 Exhibit Thu Deposition Excerpts, #3 Exhibit J. Messick Interview Transcript, #4 Exhibit Artis Interview Transcript, #5 Exhibit Anderson Interview Transcript) (Anderson, Mark) |
| Filing 70 MOTION in Limine to Exclude Expert Testimony of Kendall Thu, Ph.D. filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 69 Memorandum in Support regarding #68 MOTION in Limine to Exclude Expert Testimony of James Merchant, M.D., Dr. P.H. filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Merchant Report, #2 Exhibit Merchant Deposition Excerpts) (Anderson, Mark) |
| Filing 68 MOTION in Limine to Exclude Expert Testimony of James Merchant, M.D., Dr. P.H. filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 67 Notice filed by Murphy-Brown, LLC regarding #61 Notice - other Joint Amended Stipulation Re: Pretrial Schedule. (Anderson, Mark) |
|
Filing 66
ORDER - Defendant's #50 Motion to be Heard is DENIED and its Objection to Any Transfer of Venue is OVERRULED. Signed by Senior Judge W. Earl Britt on 2/15/2018. (Creasy, L.)
|
| Filing 65 SUGGESTION OF DEATH Upon the Record as to Fred Lloyd by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr. (Hughes, John) |
| Filing 64 AMENDED COMPLAINT (Third Amended Complaint) against Murphy-Brown, LLC, filed by Teresa Lloyd, Edward Owens, A. (daughter), Joyce McKiver, Carl Lewis, Daisy Lloyd, Annette McKiver, Tanechia Lloyd, Priscilla Dunham, Daphne McKoy, A. (son), Delois Lewis, Fred Lloyd, Tammy Lloyd, Ethel Davis, Deborah Johnson, Brionna McKiver, Dennis McKiver, Jr., Archie Wright, Jr., Karen McKiver, LaJune Jessup. (Hughes, John) |
| Filing 63 Notice filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr. (Stipulation). (Hughes, John) |
| Filing 62 RESPONSE in Opposition regarding #56 MOTION to Bifurcate filed by Joyce McKiver. (Attachments: #1 Westerbeek 11/21/16 dep excerpts, #2 Piggott expert report excerpts, #3 Schmidt dep excerpts, #4 Don Butler dep excerpt, #5 Proposed Order) (Hughes, John) |
| Submitted and Referred the Joint Stipulation at #61 to Senior Judge W. Earl Britt and to United States Magistrate Judge Robert B. Jones, Jr. (Edwards, S.) |
| Filing 61 Notice filed by Joyce McKiver (Joint Stipulation). (Hughes, John) |
| Filing 60 Notice of Special Appearance for non-district by Lisa Blue Baron on behalf of All Plaintiffs. (Baron, Lisa) |
| REMINDER TO COUNSEL regarding #58 . Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) |
| Courtesy copies of the following documents received: DE #55 , in the clerk's office in Raleigh. (Agiovlassitis, J.) |
| Courtesy copies of the following documents received: DE #56 , #57 and #58 , in the clerk's office in Raleigh. (Agiovlassitis, J.) |
| Filing 59 REPLY to Response to Motion regarding #50 MOTION to be Heard and Objection to Any Transfer of Venue filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 58 Declaration regarding #56 MOTION to Bifurcate by Murphy-Brown, LLC filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Index, #2 Exhibit Written Discovery, #3 Exhibit Written Discovery, #4 Exhibit Westerbeek Dep., #5 Exhibit Butler Dep., #6 Exhibit Aneja Report, #7 Exhibit Written Discovery) (Anderson, Mark) |
| Filing 57 Memorandum in Support regarding #56 MOTION to Bifurcate filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 56 MOTION to Bifurcate filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| Filing 55 RESPONSE in Opposition regarding #50 MOTION to be Heard and Objection to Any Transfer of Venue filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 12/4/17 hearing transcript, #2 Davis and Lewis Decs, #3 Counsel Dec, #4 Proposed Order) (Hughes, John) |
| Filing 54 Notice of Special Appearance for non-district by Lynn Bradshaw on behalf of All Plaintiffs. (Bradshaw, Lynn) |
| Filing 53 Notice of Special Appearance for non-district by Eric Manchin on behalf of All Plaintiffs. (Manchin, Eric) |
| Filing 52 Notice of Special Appearance for non-district by Michael Kaeske, Jr on behalf of All Plaintiffs. (Kaeske, Michael) |
| **** Set Hearing: Jury Trial set for 4/2/2018 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt pursuant to the order at #49 . (Edwards, S.) |
|
TEXT ORDER regarding #50 MOTION to be Heard and Objection to Any Transfer of Venue filed by Murphy-Brown, LLC. Any response shall be filed on or before 12 January 2018. Any reply shall be filed on or before 19 January 2018. Signed by Senior Judge W. Earl Britt on 1/3/2018. (CHAM, ACP)
|
| Courtesy copies of the following documents received: DE #50 and #51 , in the clerks office in Raleigh. (Edwards, S.) |
| REMINDER TO COUNSEL regarding Memorandum in Support at #51 . Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) |
| Filing 51 Memorandum in Support regarding #50 MOTION to be Heard and Objection to Any Transfer of Venue filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Eastern District Jury Plan, #2 Exhibit Letter to Judge Stephens, #3 Exhibit Schmidt Declaration, #4 Exhibit W. Kinlaw Dep. Excerpt, #5 Exhibit R. Kinlaw Dep. Excerpt, #6 Exhibit W. Kinlaw Affidavit, #7 Exhibit Docket Sheet, #8 Exhibit Dep. Cover Pages) (Anderson, Mark) |
| Filing 50 MOTION to be Heard and Objection to Any Transfer of Venue filed by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
|
Filing 49
Order Setting Hearings - Final Pretrial Conference set for 3/5/2018 at 1:30 PM by telephone before United States Magistrate Judge Robert B. Jones Jr. Counsel should read the order in its entirety for critical deadlines and information. Signed by United States Magistrate Judge Robert B. Jones, Jr. on 12/21/2017. (Briggeman, N.)
|
| Submitted the Notice at #48 to Senior Judge W. Earl Britt. (Edwards, S.) |
| Filing 48 Notice filed by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr. regarding #47 Order,, (Notice of Selection of First Trial Group). (Hughes, John) |
|
Filing 47
ORDER regarding MOTION to Sever or for Separate Trials filed by Murphy-Brown, LLC. Defendants motion to sever is DENIED, and its alternative motion for separate trials is ALLOWED IN PART. The Clerk is DIRECTED to administratively close the Master Case and all individual cases except the Discovery Pool Cases. Any future filing shall be in the relevant Discovery Pool Case only. An individual case may be reopened on motion of a party and order of the court. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge W. Earl Britt on 12/5/2017. (Edwards, S.)
|
| Filing 46 Courtroom Technology Certification of Training by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Daphne McKoy, Edward Owens, Archie Wright, Jr. (Hughes, John) |
| Filing 45 STIPULATION of Dismissal by Carl Lewis (Wallace, Mona) |
| NOTICE OF DEFICIENCY: Counsel has failed to comply with the #1 Initial Case Management Order in the Master Case - 5:15-CV-13-BR at paragraph 2(a)(ii) wherein it states Stipulated dismissals and stipulated judgments shall be filed in both the master case and in each individual case to which the filing pertains. A stipulation of dismissal regarding plaintiff Carl Lewis was filed on 5/18/2017 in the Master Case but not in the individual case. Counsel needs to file the appropriate stipulation regarding this plaintiff in the individual case - 7:14-CV-180-BR. (Edwards, S.) |
| Filing 44 Notice of Appearance for non-district by Richard C. Beaulieu on behalf of Murphy-Brown, LLC. (Beaulieu, Richard) |
| Filing 43 Notice of Appearance for non-district by Christian E. Henneke on behalf of Murphy-Brown, LLC. (Henneke, Christian) |
| Filing 42 Notice of Appearance for non-district by Michael W. Stark on behalf of Murphy-Brown, LLC. (Stark, Michael) |
| Filing 41 Notice of Appearance for non-district by Garrett H. Hooe on behalf of Murphy-Brown, LLC. (Hooe, Garrett) |
| Filing 40 Notice of Appearance for non-district by Christopher E. Trible on behalf of Murphy-Brown, LLC. (Trible, Christopher) |
| Filing 39 Notice of Appearance for non-district by Jakarra J. Jones on behalf of Murphy-Brown, LLC. (Jones, Jakarra) |
| Filing 38 Notice of Appearance for non-district by Darin K. Waylett on behalf of Murphy-Brown, LLC. (Waylett, Darin) |
| Filing 37 Notice of Change of Address filed by Eugene E. Mathews filed by on behalf of Murphy-Brown, LLC. (Mathews, Eugene) |
| Filing 36 Notice of Change of Address filed by Tennille J. Checkovich filed by on behalf of Murphy-Brown, LLC. (Checkovich, Tennille) |
| Filing 35 ANSWER to #34 Amended Complaint, by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 34 AMENDED COMPLAINT (Second) against Murphy-Brown, LLC, filed by Teresa Lloyd, Edward Owens, Alexandria McKoy, A. (daughter), Joyce McKiver, Carl Lewis, Daisy Lloyd, Annette McKiver, Tanechia Lloyd, Priscilla Dunham, Daphne McKoy, A. (son), Delois Lewis, Fred Lloyd, Tammy Lloyd, Ethel Davis, Deborah Johnson, Brionna McKiver, Antonio McKoy, Dennis McKiver, Jr., Archie Wright, Jr., Karen McKiver, LaJune Jessup. (Wallace, Mona) |
| Filing 33 NOTICE of Voluntary Dismissal by A. (daughter), A. (son), Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Alexandria McKoy, Antonio McKoy, Daphne McKoy, Edward Owens, Archie Wright, Jr. (Wallace, Mona) |
| Filing 32 AMENDED COMPLAINT (First) against Murphy-Brown, LLC, filed by Teresa Lloyd, Edward Owens, Joyce McKiver, Carl Lewis, Daisy Lloyd, Annette McKiver, Tanechia Lloyd, Priscilla Dunham, Daphne McKoy, Delois Lewis, Fred Lloyd, Tammy Lloyd, Ethel Davis, Deborah Johnson, Brionna McKiver, Dennis McKiver, Jr., Karen McKiver, Archie Wright, Jr., LaJune Jessup, A. (daughter), A. (son). (Attachments: #1 Exhibit Kinlaw complex on left and Dennis McIver Jr. home on right, #2 Exhibit Kinlaw facility in relation to Dennis McKiver Jr. home, #3 Exhibit Entire Kinlaw complex in relation to Dennis McKivers home, #4 Exhibit Overall layout of CAFO sites and Plaintiffs homes, #5 Exhibit trucks hauling Defendants hogs past Plaintiff Dennis McKivers home, #6 Exhibit trucks hauling Defendants hogs past Plaintiff Dennis McKivers home) (Wallace, Mona) |
|
Filing 31
INITIAL CASE MANAGEMENT ORDER. Signed by Magistrate Judge Robert B. Jones, Jr on 1/9/2015. Counsel should read order in its entirety for critical deadlines and information. (Marsh, K)
|
| Filing 30 Minute Entry for proceeding held before Magistrate Judge Robert B. Jones, Jr.: Telephonic Scheduling Conference held on 1/8/2015 in Wilmington, Courtroom 3. Counsel for both parties present via telephone. The parties and the Court discuss matters outlined in the parties' recently filed joint status report. (Court Reporter FTR Gold) (Grady, B.) |
| Filing 29 STATUS REPORT by Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Alexandria McKoy, Antonio McKoy, Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Hughes, John) |
|
Filing 28
Order Setting Hearing: Telephonic Status and Scheduling Conference set for 1/8/2015 at 9:00 AM before Magistrate Judge Robert B. Jones Jr. Signed by Magistrate Judge Robert B. Jones, Jr on 12/22/2014. Counsel should read order for critical deadlines and information. (Marsh, K)
|
| Notice to Counsel - Counsel is reminded that pursuant to Senior US District Judge W. Earl Britt's practice preferences, located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the clerk's office in Raleigh. (Bullock, N.) |
| Filing 27 Memorandum in Opposition regarding #20 MOTION to Strike #1 Complaint,, Objectionable Paragraphs filed by Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Alexandria McKoy, Antonio McKoy, Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Exhibit North Carolina pattern jury instruction for nuisance, #2 Exhibit Excerpts from Shuanghui/WH Group English-language website, #3 Exhibit WH Group Global Offering dated on or about April 15, 2014 (excerpts), #4 Exhibit WH Group 2014 Interim Report, excerpts, #5 Exhibit Murphy-Browns Winter 2014 Newsletter (excerpt), #6 Exhibit Larry Pope 2013 testimony to Congress, #7 Exhibit PBS news report dated Sept. 12, 2014, #8 Exhibit PBS news report dated Sept. 13, 2014, #9 Exhibit Congressional Testimony of Professor Usha Haley, #10 Exhibit Congressional Testimony of Daniel Slane, #11 Exhibit News articles, #12 Exhibit Smithfield Board of Directors, #13 Exhibit Excerpts from Shuanghui Chinese-language website, #14 Exhibit Smithfield press releases, #15 Exhibit Proposed order) (Wallace, Mona) |
| Filing 26 Memorandum in Opposition regarding #19 Memorandum in Support, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Alexandria McKoy, Antonio McKoy, Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Exhibit Judge Stephens hearing transcript excerpts, #2 Exhibit Murphy-Brown NC Secretary of State annual filing, 2013, #3 Exhibit Murphy-Brown NC Secretary of State annual filing, 2014, #4 Exhibit Excerpts from Smithfields 2013 Integrated Report and SEC filing, #5 Exhibit NCPI Civil Jury Instruction No. 805.25, Private Nuisance, #6 Exhibit Murphy-Brown 2012 sustainability report, pp. 20-21, #7 Exhibit WH Group website excerpts, #8 Exhibit Press release dated August 11, 2014, #9 Exhibit Excerpts from jury charge, Hanna v. Brady, #10 Exhibit Excerpts from testimony in Hanna, #11 Exhibit Jury verdict and judgment from Hanna, #12 Exhibit Excerpts from jury charge, Broadbent, #13 Exhibit Jury verdict form, Broadbent, #14 Exhibit Affidavit of Violet Branch submitted to Judge Stephens at state court hearing, #15 Exhibit Restatement (Second) of Torts 929 & comment e, #16 Exhibit Excerpts from Record on Appeal, Twitty, #17 Exhibit Treatise excerpts, #18 Exhibit Phillips v. Chesson, record on appeal materials, #19 Exhibit Proposed order) (Wallace, Mona) |
|
Filing 25
ORDER granting #23 Motion for Extension of Time to File Response/Reply regarding #20 MOTION to Strike #1 Complaint, Objectionable Paragraphs, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Replies due by 1/12/2015.Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 11/26/14. (Bullock, N.)
|
|
Filing 24
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 11/24/2014. Counsel should read order in its entirety for critical deadlines and information. (Marsh, K)
|
| MOTION REFERRED to Julie A. Richards, Clerk of Court: #23 Consent MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Strike #1 Complaint,, Objectionable Paragraphs, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Marsh, K) |
| Filing 23 Consent MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Strike #1 Complaint,, Objectionable Paragraphs, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Murphy-Brown, LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Mark) |
| TEXT ORDER granting plaintiffs' #22 motion for extension of time. Plaintiffs have through and including December 8, 2014 to respond to defendant's #20 motion to strike and #18 motion to dismiss. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 11/12/2014. (Skinner, J.) |
| MOTION REFERRED to Julie A. Richards, Clerk of Court: #22 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Strike #1 Complaint,, Objectionable Paragraphs, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Marsh, K) |
| Filing 22 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Strike #1 Complaint,, Objectionable Paragraphs, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Alexandria McKoy, Antonio McKoy, Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Text of Proposed Order) (Hughes, John) |
| Filing 21 Memorandum in Support regarding #20 MOTION to Strike #1 Complaint,, Objectionable Paragraphs filed by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 20 MOTION to Strike #1 Complaint,, Objectionable Paragraphs by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 19 Memorandum in Support regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Murphy-Brown, LLC. (Attachments: #1 Exhibit Insufficient Allegations Chart, #2 Exhibit August 21 Letter, #3 Exhibit January 28 Order, #4 Exhibit May 21 Order, #5 Exhibit Motion to Withdraw) (Anderson, Mark) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 17 NOTICE of Appearance by John S. Hughes on behalf of All Plaintiffs (Hughes, John) |
| Filing 16 NOTICE of Appearance by Mona Lisa Wallace on behalf of All Plaintiffs (Wallace, Mona) |
| Filing 15 CERTIFICATE OF SERVICE by Murphy-Brown, LLC regarding #11 Financial Disclosure Statement (Anderson, Mark) |
| Filing 14 CERTIFICATE OF SERVICE by Murphy-Brown, LLC regarding #10 Notice of Appearance (Anderson, Mark) |
| Filing 13 NOTICE of Appearance for non-district by Tennille J. Checkovich on behalf of Murphy-Brown, LLC (Checkovich, Tennille) |
| Filing 12 NOTICE of Appearance for non-district by Eugene E. Mathews on behalf of Murphy-Brown, LLC (Mathews, Eugene) |
| Filing 11 FINANCIAL DISCLOSURE STATEMENT by Murphy-Brown, LLC. (Anderson, Mark) |
| Filing 10 NOTICE of Appearance by Mark E. Anderson on behalf of Murphy-Brown, LLC (Anderson, Mark) |
| Filing 9 NOTICE of Appearance by John S. Hughes on behalf of All Plaintiffs (Hughes, John) |
| Filing 8 NOTICE of Appearance by Mona Lisa Wallace on behalf of Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Alexandria McKoy, Antonio McKoy, Daphne McKoy, Edward Owens, Archie Wright, Jr. (Wallace, Mona) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Teresa Lloyd, Edward Owens, Alexandria McKoy, Joyce McKiver, Carl Lewis, Daisy Lloyd, Annette McKiver, Tanechia Lloyd, Priscilla Dunham, Daphne McKoy, Delois Lewis, Fred Lloyd, Tammy Lloyd, Ethel Davis, Deborah Johnson, Brionna McKiver, Antonio McKoy, Dennis McKiver, Jr., Archie Wright, Jr., Karen McKiver, LaJune Jessup. All Defendants. (Wallace, Mona) |
|
Filing 6
ORDER REASSIGNING CASE. Case reassigned to Senior Judge W. Earl Britt for all further proceedings. All future pleadings should reflect the revised case number 7:14-CV-180-BR. Senior Judge James C. Fox no longer assigned to case. Signed by Julie A. Richards, Clerk of Court, on 9/5/2014. (Grady, B.)
|
|
Filing 5
Order Redesignating Division to Southern Division. The Honorable James C. Fox,Senior U.S. District Judge will continue to preside over this case. All future pleadings should reflect the new case number of 7:14-CV-180-F. Signed by Julie A. Richards, Clerk of Court, on 9/2/2014. (Grady, B.)
|
| Case transferred in from Eastern Division on 09/02/2014. Case Number 4:14-cv-153. (Grady, B.) |
| Filing 4 Summons Issued as to Murphy-Brown, LLC. (Grady, B.) |
| Filing 3 NOTICE by Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Alexandria McKoy, Antonio McKoy, Daphne McKoy, Edward Owens, Archie Wright, Jr. regarding #1 Complaint,, (corrected cover sheet) (Wallace, Mona) |
| NOTICE TO COUNSEL: All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Felder, J) |
| NOTICE TO COUNSEL: This case should have been filed in the Southern Division. The Clerk will enter a reassignment order correcting the error. (Felder, J) |
| 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. (Horton, B.) |
| NOTICE OF DEFICIENCY - Counsel failed to "flatten" the JS44 Civil Cover Sheet and should refile the form pursuant to Section B(3) of the CM/ECF Policy Manual available on the court's website. (Felder, J) |
| Filing 2 FINANCIAL DISCLOSURE STATEMENT by Ethel Davis, Priscilla Dunham, LaJune Jessup, Deborah Johnson, Carl Lewis, Delois Lewis, Daisy Lloyd, Fred Lloyd, Tammy Lloyd, Tanechia Lloyd, Teresa Lloyd, Annette McKiver, Brionna McKiver, Joyce McKiver, Karen McKiver, Dennis McKiver, Jr., Alexandria McKoy, Antonio McKoy, Daphne McKoy, Edward Owens, Archie Wright, Jr.. (Attachments: #1 Financial Disclosure, #2 Financial Disclosure, #3 Financial Disclosure, #4 Financial Disclosure, #5 Financial Disclosure, #6 Financial Disclosure, #7 Financial Disclosure, #8 Financial Disclosure, #9 Financial Disclosure, #10 Financial Disclosure, #11 Financial Disclosure, #12 Financial Disclosure, #13 Financial Disclosure, #14 Financial Disclosure, #15 Financial Disclosure, #16 Financial Disclosure, #17 Financial Disclosure, #18 Financial Disclosure) (Wallace, Mona) |
| Filing 1 COMPLAINT against Murphy-Brown, LLC ( Filing fee $ 400 receipt number 0417-3005579.), filed by Teresa Lloyd, Edward Owens, Alexandria McKoy, Joyce McKiver, Carl Lewis, Daisy Lloyd, Annette McKiver, Tanechia Lloyd, Priscilla Dunham, Daphne McKoy, Delois Lewis, Fred Lloyd, Tammy Lloyd, Ethel Davis, Deborah Johnson, Brionna McKiver, Antonio McKoy, Dennis McKiver, Jr., Archie Wright, Jr., Karen McKiver, LaJune Jessup. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Wallace, Mona) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
