MCFADYEN et al v. DUKE UNIVERSITY et al Featured Case

Plaintiffs alleged that Duke University Defendants, City of Durham Defendants and DNASI Defendants conspired to abuse the Nontestimonial Identification Order process, conspired to abuse the Search Warrant process, conspired to conceal exculpatory police witness testimony, conspired to conceal exonerating forensic DNA evidence, conspired to conceal exonerating forensice SANE evidence, conspired to manufacture inculpatory forensic SANE evidence and conspired to stigmatize the Plaintiffs by subjecting them to public outrage, public condemnation, and infamy for crimes that the Defendants knew did not happen.

Plaintiff: RYAN MCFADYEN, MATTHEW WILSON and BRECK ARCHER
Defendant: DUKE UNIVERSITY, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER, WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PETER LANGE, TALLMAN TRASK, III, JOHN BURNESS, LARRY MONETA, DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN and MATTHEW DRUMMOND
Case Number: 1:2007cv00953
Filed: December 18, 2007
Court: North Carolina Middle District Court
Office: Durham Office
County: Durham
Referring Judge: RUSSELL A. ELIASON
Presiding Judge: UNASSIGNED
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1331 Fed. Question: Civil Rights Violation
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on September 30, 2014. A more recent docket listing may be available from PACER.

Date Filed#Document Text
June 24, 2014 426 Featured Case ORDER OF DISMISSAL signed by JUDGE JAMES A. BEATY, JR on 6/24/2014; Plaintiffs' Forty-First Cause of Action is the only remaining claim in this litigation, and Plaintiffs have now filed a Motion to Dismiss this action, with prejudice. Plaintiffs' motion is hereby granted, and this action is dismissed with prejudice. All parties to this matter shall bear his or its own costs, attorneys' fees, disbursements, and expenses of any kind. (Sheets, Jamie)
June 24, 2014 425 Featured Case ORDER signed by JUDGE JAMES A. BEATY, JR on 6/24/2014; the Court grants Plaintiffs' Motion to Seal Exhibit 1 to Docket Entry 270 . (Sheets, Jamie)
June 23, 2014 Motions Submitted: 423 MOTION to Dismiss to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
June 22, 2014 424 RESPONSE Notice of Non Opposition to Plaintiffs' Motion to Dismiss filed by Defendant THE CITY OF DURHAM, NORTH CAROLINA re 423 MOTION to Dismiss filed by RYAN MCFADYEN, BRECK ARCHER, MATTHEW WILSON filed by THE CITY OF DURHAM, NORTH CAROLINA. Replies due by 7/10/2014. (GILLESPIE, REGINALD)
June 22, 2014 423 MOTION to Dismiss by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (SPARKS, STEFANIE)
June 20, 2014 Motions Submitted: 420 Unopposed MOTION to Seal Document 270 Reply to Response to Motion (Exhibit 1 of DE 270) to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
June 19, 2014 422 STIPULATION of Dismissal of Party pursuant to settlement reached through mediation by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (SPARKS, STEFANIE)
June 19, 2014 421 BRIEF re 420 MOTION to Seal Document 270 Reply to Response to Motion, (To Seal Exhibit 1 of DE 270) (Unopposed Motion) . (SPARKS, STEFANIE)
June 19, 2014 420 MOTION to Seal Document 270 Reply to Response to Motion, (To Seal Exhibit 1 of DE 270) (Unopposed Motion) by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Responses due by 7/14/2014 (SPARKS, STEFANIE)
June 18, 2014 419 Transcript of Proceedings held on 05/16/2013, re: Status Conference, before Judge James A. Beaty, Jr., Court Reporter Lori Russell, Telephone number 336-734-2547. 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. <P>NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.<P> Redaction Request due 7/14/2014. Redacted Transcript Deadline set for 7/24/2014. Release of Transcript Restriction set for 9/19/2014. Associated Cases: 1:07-cv-00953-JAB-JEP, 1:07-cv-00739-JAB-JEP(Russell, Lori)
June 6, 2014 418 NOTICE of Appearance by attorney HENRY W. SAPPENFIELD on behalf of Defendant THE CITY OF DURHAM, NORTH CAROLINA (SAPPENFIELD, HENRY)
June 6, 2014 417 NOTICE of Appearance by attorney JOEL MILLER CRAIG on behalf of Defendant THE CITY OF DURHAM, NORTH CAROLINA (CRAIG, JOEL)
June 5, 2014 416 BRIEF re 415 MOTION to Dismiss for Lack of Jurisdiction Motion to Decline to Exercise Supplemental Jurisdiction by Defendant THE CITY OF DURHAM, NORTH CAROLINA filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
June 5, 2014 415 MOTION to Dismiss for Lack of Jurisdiction Motion to Decline to Exercise Supplemental Jurisdiction by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 6/30/2014 (GILLESPIE, REGINALD)
June 3, 2014 414 Transcript of Proceedings held on 05/23/2014, re: Pretrial Scheduling Conference, before Judge Joi Elizabeth Peake. Court Reporter Lori Russell, Telephone number 336-734-2547. 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. <P>NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.<P> Redaction Request due 6/27/2014. Redacted Transcript Deadline set for 7/10/2014. Release of Transcript Restriction set for 9/5/2014. (Russell, Lori)
June 2, 2014 413 SUPPLEMENT re 284 Protective Order Corrected Supplement to Protective Order on Confidentiality (Stipulated/Consented to by All Parties) by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
May 30, 2014 412 SUPPLEMENT re 284 Protective Order (Stipulated/Consented to by All Parties) by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
May 30, 2014 411 Featured Case ORDER signed by JUDGE JAMES A. BEATY, JR on 5/30/2014; that Defendant Wilson's Motion for Leave to Proceed In Forma Pauperis [Doc. # 406 ] is DENIED. FURTHER that Defendant Wilson's Motion for a Certification of Appealability [Doc. # 410 ] is DENIED. (Sheets, Jamie)
May 30, 2014 Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re 405 Notice of Appeal. (Sheets, Jamie)
May 29, 2014 Motions Submitted: 410 MOTION for Certificate of Appealability to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
May 28, 2014 410 MOTION for Certificate of Appealability by LINWOOD E. WILSON. (WILSON, LINWOOD)
May 27, 2014 Set Scheduling Order Deadlines: Discovery due by 7/22/2014. Mediation due by 7/22/2014. The mediator will be Mr. Harkavy or, if he is not available, by another mediator with the agreement of all parties. If Mr. Harkavy is not available and the parties cannot agree on an alternative mediator, they are to advise the Court, and the Clerk will select a mediator from the Courts panel of mediators. Notices of intent to file dispositive motions must be filed by July 23, 2014. Dispositive Motions due by 8/5/2014. (Sheets, Jamie)
May 27, 2014 409 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/27/2014; that the deadlines set out above will govern in this action. Specifically, discovery will run from May 23, 2014, until July 22, 2014; initial disclosures are due by May 30, 2014; mediation is to be completed by July 22, 2014; notices of intent to file dispositive motions must be filed by July 23, 2014; and summary judgment motions are due August 5, 2014, responses are due August 19, 2014, and replies are due August 26, 2014. (Sheets, Jamie)
May 27, 2014 408 NOTICE of Docketing Record on Appeal from USCA re 405 Notice of Appeal filed by LINWOOD E. WILSON. USCA Case Manager: Taline A. Fischer. USCA Case Number 14-1499. (Sheets, Jamie)
May 23, 2014 Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: Pretrial Scheduling Conference held on 5/23/2014. Attorney Robert Ekstrand present for plaintiff, Dixie Wells, Paul Sun, Jr. and Reginald Gillespie, Jr. present for defendant. Court reporter Lori Russell. Written order forthcoming. (Garrett, Kim)
May 23, 2014 Motions Submitted: 406 MOTION for Leave to Proceed In Forma Pauperis on Appeal to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
May 23, 2014 407 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 405 Notice of Appeal. (Sheets, Jamie)
May 23, 2014 406 MOTION for Leave to Proceed In Forma Pauperis on Appeal by LINWOOD E. WILSON. (Attachments: # 1 Affidavit)(WILSON, LINWOOD) (Attachment 1 replaced on 5/23/2014 with uneditable pdf) (Sheets, Jamie)
May 23, 2014 405 NOTICE OF APPEAL of 401 Order re: Rule 11 Sanctions, by LINWOOD E. WILSON. (WILSON, LINWOOD)
May 21, 2014 404 RESPONSE in Opposition re 395 MOTION to Sever Count 41 of Second Amended Complaint filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT)
May 21, 2014 Motions Referred: RE: 403 Rule 26(f) Report (Individual), 402 Rule 26(f) Report (Individual), to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
May 20, 2014 403 Rule 26(f) Report (Individual). by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON.(EKSTRAND, ROBERT)
May 20, 2014 402 Rule 26(f) Report (Individual). by RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, LARRY MONETA, ED.D., GARY N. SMITH, ROBERT K. STEEL, THE CITY OF DURHAM, NORTH CAROLINA.(WELLS, DIXIE)
May 20, 2014 Motions Submitted: 385 MOTION for Judgment on the Pleadings on Plaintiffs' Claim under the North Carolina Constitution (Count 41 of Second Amended Complaint) to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
May 20, 2014 401 Featured Case ORDER signed by JUDGE JAMES A. BEATY, JR on 5/20/2014; that the Duke Defendants' Motion for Judgment on the Pleadings [Doc. # 335 ] is hereby GRANTED. FURTHER that Defendant Wilson's Motion for Judgment on the Pleadings and Motion to Grant Uncontested Motion to Dismiss [Doc. # 389 ] is hereby GRANTED IN PART and DENIED IN PART. Specifically, the Court will GRANT Defendant Wilson's Motion to the extent he requests that the Court dismiss Counts 5 and 18 pursuant to Federal Rule of Civil Procedure 12(c), however, the Court will DENY Defendant Wilson's request to the extent he requests that the Court dismiss Counts 5 and 18 pursuant to Local Rule 7.3(k). FURTHER that Defendant Wilson's Motions to Dismiss [Docs. # 324 , # 330 , # 346 ] are hereby DENIED AS MOOT. FINALLY that Defendant Wilson's Motion for Rule 11 Sanctions [Doc. # 367 ] is DENIED. (Sheets, Jamie)
May 19, 2014 400 REPLY, filed by Defendant THE CITY OF DURHAM, NORTH CAROLINA, to Response to 385 MOTION for Judgment on the Pleadings on Plaintiffs' Claim under the North Carolina Constitution (Count 41 of Second Amended Complaint) filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
May 16, 2014 Minute Entry for proceedings held before JUDGE JAMES A. BEATY, JR: Status Conference held on 5/16/2014. As stated on the record, the parties advised the Court that all claims have been resolved as to defendant LINWOOD E. WILSON in Evans v. The City of Durham, North Carolina (1:07CV739); the parties further advised the Court that the matter of Evans v. The City of Durham, North Carolina (1:07CV739) will be disposed of in its entirety upon the filing of the appropriate settlement documentation as to defendant LINWOOD E. WILSON; in the matter of McFadyen v. Duke University (1:07CV953), plaintiff is hereby allowed until 5/21/2014 to Respond to the City of Durham's Motion to Sever; the parties are further advised that the Court will consider all pending motions that are presently before the Court. (Attorney(s) Christopher Manning, Charles Davant, IV, and Christopher Fialko appeared on behalf of plaintiffs; Attorney(s) Reginald Gillespie appeared on behalf of defendant THE CITY OF DURHAM; defendant LINWOOD E. WILSON appeared pro se in Evans v. The City of Durham, North Carolina (1:07CV739); Attorney(s) Robert Ekstrand appeared on behalf of plaintiffs; Attorney(s) Dixie Wells, Paul Sun, Dan McLamb, Allison Becker, Barbara Weyher, and Reginald Gillespie appeared on behalf of defendants; defendant LINWOOD E. WILSON appeared pro se in McFadyen v. Duke University (1:07CV953); Court Reporter Lori Russell) (Kemp, Donita)
May 14, 2014 Set/Reset Reply Deadlines re 385 MOTION for Judgment on the Pleadings: Replies due by 5/30/2014. (Sheets, Jamie)
May 13, 2014 399 RESPONSE in Opposition re 385 MOTION for Judgment on the Pleadings on Plaintiffs' Claim under the North Carolina Constitution (Count 41 of Second Amended Complaint) filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT)
May 7, 2014 398 Amended CERTIFICATE OF SERVICE by LINWOOD E. WILSON re 397 Reply to Response to Motion Amended Certificate of Service. (WILSON, LINWOOD)
May 7, 2014 397 REPLY, filed by Defendant LINWOOD E. WILSON, to Response to 389 MOTION for Judgment on the Pleadings MOTION to Dismiss uncontested Motion (Doc. 346 ) filed by LINWOOD E. WILSON. (WILSON, LINWOOD)
May 6, 2014 396 BRIEF re 395 MOTION to Sever Count 41 of Second Amended Complaint . (GILLESPIE, REGINALD)
May 6, 2014 395 MOTION to Sever Count 41 of Second Amended Complaint by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 5/30/2014 (GILLESPIE, REGINALD)
May 6, 2014 394 RESPONSE in Opposition re 389 MOTION for Judgment on the Pleadings MOTION to Dismiss uncontested Motion (Doc. 346), 346 Third MOTION to Dismiss filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 5/8/2014. (EKSTRAND, ROBERT)
May 2, 2014 Set/Response Deadline: re 389 MOTION for Judgment on the Pleadings MOTION to Dismiss uncontested Motion (Doc. 346) : Responses due by 5/6/2014 (Taylor, Abby)
May 2, 2014 393 Featured Case ORDER signed by JUDGE JAMES A. BEATY, JR on 05/02/2014, that the Motion to Expedite Briefing [Doc. # 392 ] is GRANTED. Plaintiffs have up to and including May 6, 2014 to respond to Defendant Wilson's Motion for Judgment on the Pleadings and Motion to Dismiss Uncontested Renewed Motion to Dismiss [Doc. # 389 ]. Furthermore, if Plaintiffs file a response to Defendant Wilson's Motion for Judgment on the Pleadings and Motion to Dismiss Uncontested Renewed Motion to Dismiss [Doc. # 389 ], Defendant Wilson shall have up to and including May 8, 2014 to file a reply to Plaintiffs' response. (Taylor, Abby)
April 30, 2014 Motions Submitted: 392 MOTION to Expedite briefing on Motion for Judgment on the Pleadings and Motion to Dismiss Uncontested Renewed Motion To Dismiss to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 29, 2014 392 MOTION to Expedite briefing on Motion for Judgment on the Pleadings and Motion to Dismiss Uncontested Renewed Motion To Dismiss 389 by LINWOOD E. WILSON. (WILSON, LINWOOD)
April 29, 2014 391 BRIEF re: 392 MOTION to Expedite Brief in support of Motion for judgment on the pleadings and Motion to dismiss uncontested Renewed Motion To Dismiss by LINWOOD E. WILSON. (WILSON, LINWOOD) Modified on 4/29/2014 to edit document title and terminate as motion. (Sheets, Jamie)
April 28, 2014 390 BRIEF ON MOTION TO DISMISS UNCONTESTED MOTION (346) AND MOTION FOR JUDGMENT ON THE PLEADINGS by Defendant LINWOOD E. WILSON filed by LINWOOD E. WILSON. (Attachments: # 1 Exhibit 1)(WILSON, LINWOOD)
April 28, 2014 389 MOTION for Judgment on the Pleadings , MOTION to Dismiss uncontested Motion (Doc. 346) by LINWOOD E. WILSON. Responses due by 5/22/2014 (WILSON, LINWOOD)
April 22, 2014 388 Featured Case ORDER signed by JUDGE JAMES A. BEATY, JR on 4/22/2014, that Plaintiffs' Motion for Extension of Time to Respond to Linwood Wilson's Motion for Order to Show Cause (Doc. # 380 ) is GRANTED and Plaintiffs have up to and including April 24, 2014 to file their Response to Defendant Linwood Wilson's Motion for Order to Show Cause (Doc. # 367 ). (Daniel, J)
April 22, 2014 387 REPLY, filed by Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON, to Response to 383 Emergency MOTION to Strike 382 Response in Opposition to Motion, 367 Defendant Wilson's Motion to Show Cause, 380 First MOTION for Extension of Time to File Response/Reply as to 367 MOTION for Order to Show Cause why Plaintiffs, their Attorneys and lawfirms should not be held for violation of Rule 11: Sanctions filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (SPARKS, STEFANIE)
April 22, 2014 Motions Submitted: 383 Emergency MOTION to Strike 382 Response in Opposition to Motion, 367 Defendant Wilson's Motion to Show Cause, 380 First MOTION for Extension of Time to File Response/Reply as to 367 MOTION for Order to Show Cause why Plaintiffs, their Attorneys and lawfirms should not be held for violation of Rule 11: Sanctions to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 22, 2014 386 BRIEF re 385 MOTION for Judgment on the Pleadings on Plaintiffs' Claim under the North Carolina Constitution (Count 41 of Second Amended Complaint) . (GILLESPIE, REGINALD)
April 22, 2014 385 MOTION for Judgment on the Pleadings on Plaintiffs' Claim under the North Carolina Constitution (Count 41 of Second Amended Complaint) by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 5/13/2014 (GILLESPIE, REGINALD)
April 22, 2014 384 CERTIFICATE OF SERVICE by THE CITY OF DURHAM, NORTH CAROLINA Certificate of Service by Hand Delivery of Motion and Brief Prior to Filing (Attachments: # 1 Exhibit 1 to Certificate of Service by Hand Delivery of Motion and Brief Prior to Filing)(GILLESPIE, REGINALD)
April 22, 2014 383 Emergency MOTION to Strike 382 Response in Opposition to Motion, 367 Defendant Wilson's Motion to Show Cause by LINWOOD E. WILSON. (WILSON, LINWOOD)
April 22, 2014 382 RESPONSE in Opposition re 367 MOTION for Order to Show Cause why Plaintiffs, their Attorneys and lawfirms should not be held for violation of Rule 11: Sanctions filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 5/9/2014. (EKSTRAND, ROBERT)
April 22, 2014 381 OBJECTION re 380 First MOTION for Extension of Time to File Response/Reply as to 367 MOTION for Order to Show Cause why Plaintiffs, their Attorneys and lawfirms should not be held for violation of Rule 11: Sanctions Defendant Wilson's Opposition to Plaintiffs' Motion Doc 380 filed by LINWOOD E. WILSON. (WILSON, LINWOOD) Modified on 4/23/2014 to correct document title and event type. (Sheets, Jamie)
April 21, 2014 380 First MOTION for Extension of Time to File Response/Reply as to 367 MOTION for Order to Show Cause why Plaintiffs, their Attorneys and lawfirms should not be held for violation of Rule 11: Sanctions by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (SPARKS, STEFANIE)
April 21, 2014 379 CERTIFICATE OF SERVICE by THE CITY OF DURHAM, NORTH CAROLINA re 376 Answer to Amended Complaint Amended and Restated Certificate of Electronic Filing and Service of City of Durham's Answer to Second Amended Complaint (GILLESPIE, REGINALD)
April 21, 2014 378 CERTIFICATE OF SERVICE by LINWOOD E. WILSON Amended Certificate of Service RE: Doc. 377 (WILSON, LINWOOD)
April 20, 2014 377 ANSWER to Amended Complaint Defendant Linwood Wilson's Answer to Second Amended Complaint by LINWOOD E. WILSON. (WILSON, LINWOOD)
April 20, 2014 376 ANSWER to Amended Complaint Defendant City of Durham's Answer to Second Amended Complaint by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
April 17, 2014 375 Featured Case ORDER signed by JUDGE JAMES A. BEATY, JR on 4/17/2014; that Defendant Wilson's Motion to Join the Duke Defendants' Motion to Strike and Motion to Expedite Briefing on Defendants' Motion to Strike [Doc. # 365 ] and his Motion to Join the Duke Defendants' Reply Brief [Doc. # 370 ] is GRANTED IN PART AND DENIED IN PART. Specifically, the Court will DENY Defendant Wilson's Motions to Join to the extent that he has no interest in the Court's consideration of the changes made in the Corrected Response Brief as it relates to Count 1. Additionally, to the extent Defendant Wilson filed a Motion to Join the Duke Defendants' Motion to Expedite Briefing on Defendants Motion to Strike [Doc. # 365 ], the Court will DENY his Motion AS MOOT, as the Court has already entered an Order [Doc. # 366 ], expediting the briefing in this matter. However, the Court will GRANT Defendant Wilson's Motion to Join only to the extent that he is requesting the Court consider what effect, if any, the Corrected Response Brief has on Count 5, which is asserted against Defendant Wilson only. FURTHER that the Duke Defendants' Joint Motion to Strike [Doc. # 360 ], and joined by Defendant Wilson for the limited purpose allowed by the Court, is GRANTED and the Court will disregard Plaintiffs' Corrected Response Brief [Doc. # 351 ] pursuant to Local Rules 7.3(k) and 83.4(a)(2). (Sheets, Jamie)
April 17, 2014 374 Suggestion of Subsequently Decided Authority re 336 Brief, 343 Reply to Response to Motion, by Defendants DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. (SUN, PAUL)
April 16, 2014 373 NOTICE by RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL of Substitution of Counsel (SUN, PAUL)
April 11, 2014 372 Featured Case ORDER signed by JUDGE JAMES A. BEATY, JR on 4/11/2014; that the Motion to Withdraw as Counsel [Doc. # 371 ] is GRANTED, and D. Martin Warf, individually, is hereby terminated as counsel of record in this case. (Sheets, Jamie)
April 10, 2014 Motions Submitted: 371 MOTION to Withdraw as Attorney D. MARTIN WARF to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 9, 2014 371 MOTION to Withdraw as Attorney D. MARTIN WARF by on behalf of PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS. Responses due by 5/5/2014 (WARF, D.)
April 4, 2014 370 MOTION for Joinder to join defendants Duke Universitys Joint Reply Brief. [DE 369 ] by LINWOOD E. WILSON. (WILSON, LINWOOD)
April 3, 2014 369 REPLY, filed by Defendants DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH, to Response to 360 Joint MOTION to Strike 351 Amended Document, filed by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. (SUN, PAUL)
March 31, 2014 368 RESPONSE in Opposition re 360 Joint MOTION to Strike 351 Amended Document, , 361 Brief, filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 4/17/2014. (EKSTRAND, ROBERT)
March 27, 2014 367 MOTION for Order to Show Cause why Plaintiffs, their Attorneys and lawfirms should not be held for violation of Rule 11: Sanctions by LINWOOD E. WILSON. Responses due by 4/21/2014 (WILSON, LINWOOD)
March 26, 2014 366 Featured Case ORDER signed by JUDGE JAMES A. BEATY, JR on 3/26/2014, that Defendants' motion to expedite briefing is granted and the briefing shall proceed as follows: 1) Plaintiffs shall file any response brief to Defendants' motion to strike by 11:59 p.m. on 31 March 2014. 2) Defendants shall file any reply brief in further support of the motion to strike by 11:59 p.m. on 3 April 2014. (Daniel, J)
March 26, 2014 365 MOTION for Joinder of Defendant Linwood Wilson to Joinder Duke University's Motion to Expedite and Motion to Expedite Briefing on defendants Motion To Strike [DE 362] by LINWOOD E. WILSON. Responses due by 4/21/2014 (WILSON, LINWOOD)
March 26, 2014 364 Transcript of Proceedings held on 3/14/2014, before Judge James A. Beaty, Jr.. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. 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. <P>NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.<P> Redaction Request due 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/27/2014. Associated Cases: 1:07-cv-00739-JAB-JEP, 1:07-cv-00953-JAB-JEP(Nesbit, Brianna)
March 26, 2014 Motions Submitted: 362 MOTION to Expedite Briefing on Defendants' Motion to Strike to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
March 25, 2014 363 Supporting BRIEF re 362 MOTION to Expedite Briefing on Defendants' Motion to Strike by Defendants DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH filed by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. (SUN, PAUL)
March 25, 2014 362 MOTION to Expedite Briefing on Defendants' Motion to Strike by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. (Attachments: # 1 Text of Proposed Order)(SUN, PAUL)
March 24, 2014 361 Joint Supporting BRIEF re 360 Joint MOTION to Strike 351 Amended Document, by Defendants DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH filed by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. (Attachments: # 1 Exhibit A- Redline Comparison of Plaintiffs Two Filings, # 2 Exhibit B- Reply Br. Supp. Pet. Writ Cert., # 3 Exhibit C- Resp. in Oppn to Pet. Writ Cert.)(SUN, PAUL)
March 24, 2014 360 Joint MOTION to Strike 351 Amended Document, by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. Responses due by 4/17/2014 (SUN, PAUL)
March 21, 2014 359 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/21/2014; that Defendant Linwood E. Wilson's Motion for Extension of Time for Rule 26(f) and Local Rule 16.1 and Rule 26(f) Report [Doc. # 353 ] and Defendant City of Durham's Motion to Modify Initial Pretrial Scheduling Order [Doc. # 356 ] are GRANTED. FURTHER ORDERED that the Pretrial Scheduling Conference set for Friday, March 28, 2014, in Winston-Salem, North Carolina, is CONTINUED to May 23, 2014, at 9:30 a.m. in the United States Courthouse, 251 North Main Street, Winston-Salem, North Carolina (Courtroom No. 3). (Sheets, Jamie)
March 21, 2014 358 NOTICE of Hearing: Master Trial Calendar: OCTOBER Jury Trial set for 10/6/2014 09:30 AM in Unassigned Courtroom; Trial Briefs, etc. deadline set for 9/15/2014. (Kemp, Donita)
March 20, 2014 357 NOTICE of Hearing: Status Conference set for 5/16/2014 10:00 AM in Winston-Salem Courtroom #1 before JUDGE JAMES A. BEATY JR.(Kemp, Donita)
March 20, 2014 Motions Referred: RE: 356 MOTION to Modify 352 Order, , 353 MOTION for Extension of Time to Complete Discovery reference Order 352 by Judge Peake, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
March 20, 2014 356 MOTION to Modify 352 Order, by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 4/14/2014 (Attachments: # 1 Text of Proposed Order)(GILLESPIE, REGINALD)
March 20, 2014 NOTICE of Docket Text/Event Modification re 355 MOTION to Withdraw Document 354 MOTION to Amend Heading in Doc 353, 354 MOTION to Amend Heading in Doc 353: Motions terminated as pleading 355 is construed as a Notice of Withdrawal of Motion. (Sheets, Jamie)
March 19, 2014 355 MOTION to Withdraw Document 354 MOTION to Amend Heading in Doc 353 by LINWOOD E. WILSON. (WILSON, LINWOOD) Modified on 3/20/2014 to construe Motion as a Notice to Withdrawal. Motion terminated. (Sheets, Jamie)
March 18, 2014 354 MOTION to Amend Heading in Doc 353 by LINWOOD E. WILSON. (WILSON, LINWOOD)
March 18, 2014 353 MOTION FOR EXTENSION OF TIME FOR RULE 26(f) AND LOCAL RULE 16.1 AND RULE 26(f) REPORT by LINWOOD E. WILSON. (WILSON, LINWOOD) Modified on 3/19/2014 to edit text and attach pdf to correct document for spacing and case number. NEF has been regenerated. (Lloyd, Donna)
March 17, 2014 352 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/17/2014; that this matter is set for a pretrial scheduling conference on Friday, March 28, 2014, at 10:00 a.m. in the United States Courthouse, Winston-Salem, North Carolina, Courtroom 3. The parties must confer by March 21, 2014, and must file Rule 26(f) reports by March 25, 2014. (Sheets, Jamie)
March 14, 2014 CASE REFERRED to MAG/JUDGE JOI ELIZABETH PEAKE RE: Discovery Issues. [Associated Cases: 1:07cv739; 1:07cv953](Kemp, Donita)
March 14, 2014 351 Plaintiff's Brief in Opposition to Defendants' Motion for Judgment on the Pleadings CORRECTED 341 Response to Motion, by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT) Modified on 3/17/2014 to correct document title. (Sheets, Jamie)
March 14, 2014 350 STATUS REPORT of Remaining Claims and Defendants by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (SPARKS, STEFANIE)
March 14, 2014 Minute Entry for proceedings held before JUDGE JAMES A. BEATY, JR: Status Conference held on 3/14/2014. For the reasons stated in open court, the parties are advised that this matter shall be held in abeyance for a period of sixty (60) days and shall be placed back on the Court's calendar for Status Conference after the expiration of sixty (60) days; the parties are further advised that the Court will consider all pending motions that are presently before the Court. (Attorney(s) Christopher Manning, Charles Davant, IV, and Christopher Fialko appeared on behalf of plaintiffs; Attorney(s) Reginald Gillespie, Edwin Speas, Eric Stevens, Joel Craig, Henry Sappenfield, and Jim Craven appeared on behalf of defendants; defendant LINWOOD E. WILSON appeared pro se in Evans v. The City of Durham, North Carolina (1:07CV739); Attorney(s) Robert Ekstrand and Stefanie Sparks appeared on behalf of plaintiffs; Attorney(s) Dixie Wells, Paul Sun, Dan McLamb, Allison Becker, Reginald Gillespie, Edwin Speas, Eric Stevens, Henry Sappenfield, and Joel Craig appeared on behalf of defendants; defendant LINWOOD E. WILSON appeared pro se in McFadyen v. Duke University (1:07CV953); Court Reporter Briana Nesbit) (Kemp, Donita)
March 11, 2014 Response deadlines terminated as to Pleading 348 MOTION for Sanctions Memorandum and Motion for Rule 11: Sanctions, 349 MOTION to Dismiss Document 348 without prejudice. (Lloyd, Donna)
March 11, 2014 NOTICE of Docket Text/Event Modification as to 348 MOTION for Sanctions Memorandum and Motion for Rule 11: Sanctions, 349 MOTION to Dismiss Document 348 without prejudice: Pleading 349 is construed as a Notice of Withdrawal of Pleading 348 . Motions have been terminated. Response deadlines have been terminated. (Lloyd, Donna)
March 5, 2014 349 MOTION to Dismiss Document 348 without prejudice by LINWOOD E. WILSON. Responses due by 3/31/2014 (WILSON, LINWOOD) Modified on 3/10/2014 to construe Motion to Dismiss as a Notice of Withdrawal.(Kemp, Donita)
March 5, 2014 348 MOTION for Sanctions Memorandum and Motion for Rule 11: Sanctions by LINWOOD E. WILSON. Responses due by 3/31/2014 (WILSON, LINWOOD)
January 21, 2014 Reset Hearing: Status Conference reset for 3/14/2014 10:00 AM in Winston-Salem Courtroom #1 before JUDGE JAMES A. BEATY JR. pursuant to the Court's Text Order entered 1/21/2014 in the related Evans v. The City of Durham, North Carolina action (1:07CV739). (Kemp, Donita)
January 7, 2014 347 NOTICE of Hearing: Status Conference set for 1/23/2014 10:00 AM in Winston-Salem Courtroom #1 before JUDGE JAMES A. BEATY JR. (Kemp, Donita)
January 3, 2014 Motions Submitted: 346 Third MOTION to Dismiss to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
November 14, 2013 346 Third MOTION to Dismiss by LINWOOD E. WILSON. Responses due by 12/9/2013 (WILSON, LINWOOD)
August 7, 2013 345 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/7/2013; that the pending discovery-related motions [Doc. # 289 , # 294 , # 297 , # 302 , # 304 , # 305 , # 306 , # 310 , # 312 , # 316 , # 318 ] are DENIED as set out above, without prejudice to further consideration of any remaining issues if necessary at a status and scheduling conference after resolution of the Motion for Judgment on the Pleadings. (Sheets, Jamie)
June 18, 2013 344 NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON re 331 USCA Mandate, 336 Brief, 34 Amended Complaint, 343 Reply to Response to Motion, 341 Response to Motion, 335 MOTION for Judgment on the Pleadings , Motions Submitted (Attachments: # 1 Exhibit Petition for Writ of Certiorari)(EKSTRAND, ROBERT)
June 18, 2013 Motions Submitted: 335 MOTION for Judgment on the Pleadings to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
June 17, 2013 343 REPLY, filed by Defendants DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH, to Response to 335 MOTION for Judgment on the Pleadings filed by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. (SUN, PAUL)
June 2, 2013 342 REPLY, filed by Defendant LINWOOD WILSON, to Response to 330 MOTION to Dismiss Renewed based on USCA Doc 80 filed by LINWOOD WILSON. (WILSON, LINWOOD)
May 30, 2013 341 RESPONSE filed by Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON re 330 MOTION to Dismiss Renewed based on USCA Doc 80 filed by LINWOOD WILSON, 335 MOTION for Judgment on the Pleadings filed by GARY N. SMITH, TARA LEVICY, R.N., DUKE UNIVERSITY HEALTH SYSTEMS, DUKE UNIVERSITY filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 6/17/2013. (EKSTRAND, ROBERT)
May 17, 2013 Set/Reset Motion Deadlines re: 324 MOTION to Dismiss Causes 5 and 18, 335 MOTION for Judgment on the Pleadings, 330 MOTION to Dismiss Renewed based on USCA Doc 80: Responses due by 5/30/2013. (Sheets, Jamie)
May 17, 2013 340 Featured Case ORDER signed by JUDGE JAMES A. BEATY, JR on 5/17/2013; that Plaintiffs' Motion to Stay Proceedings on Defendants Tara Levicy, Gary Smith, Duke University, and Duke University Health System's Joint Motion for Judgment on the Pleadings [Doc. # 337 ] is GRANTED IN PART and DENIED IN PART as set forth herein. ORDERED that to the extent that Plaintiffs seek to stay all further proceedings on the Duke Defendants' Joint Motion for Judgment on the Pleadings [Doc. # 335 ] until the conclusion of the expected appellate proceedings before the United States Supreme Court, that request is DENIED. FURTHER that to the extent that Plaintiffs, in the alternative, seek an extension of time within which to file a Response to the Duke Defendants' Joint Motion for Judgment on the Pleadings [Doc. # 335 ], that request is GRANTED, and Plaintiffs shall file any such Response on or before May 30, 2013. FURTHER that Defendant Linwood Wilson's Motion [Doc. # 339 ] to join the Duke Defendants' Response [Doc. # 338 ] in opposition to Plaintiffs' Motion [Doc.# 337 ] is GRANTED. ORDERED that to the extent that Plaintiffs intend to file any substantive Response to Defendant Wilson's pending Motions to Dismiss [Doc. # 324 , # 330 ], Plaintiffs shall file any such Response on or before May 30, 2013. (Sheets, Jamie)
May 7, 2013 Motions Submitted: 337 MOTION to Stay proceedings on the Duke Defendants' Joint Motion for Judgment on the Pleadings 339 MOTION for Joinder to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 21, 2013 339 MOTION for Joinder by LINWOOD WILSON. Responses due by 5/16/2013 (WILSON, LINWOOD)
April 18, 2013 338 RESPONSE in Opposition re 337 MOTION to Stay proceedings on the Duke Defendants' Joint Motion for Judgment on the Pleadings filed by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. Replies due by 5/6/2013. (Attachments: # 1 Exhibit A- 4 April 2013 Motion, # 2 Exhibit B- 8 April 2013 Notice)(SUN, PAUL)
March 25, 2013 337 MOTION to Stay proceedings on the Duke Defendants' Joint Motion for Judgment on the Pleadings by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Responses due by 4/18/2013 (EKSTRAND, ROBERT)
February 27, 2013 336 BRIEF re 335 MOTION for Judgment on the Pleadings filed by Defendants DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. (SUN, PAUL) Modified on 3/1/2013 to remove duplicate text. (Sheets, Jamie)
February 27, 2013 335 MOTION for Judgment on the Pleadings by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, TARA LEVICY, R.N., GARY N. SMITH. Responses due by 3/25/2013 (SUN, PAUL)
February 25, 2013 334 NOTICE of Change of Address by PATRICIA P. SHIELDS (SHIELDS, PATRICIA)
February 5, 2013 333 STIPULATION of Dismissal of Defendants DNA Security, Inc., Richard Clark, and Brian Meehan pursuant to settlement reached through mediation by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (SPARKS, STEFANIE)
January 31, 2013 Motions Submitted: 330 Renewed MOTION to Dismiss based on USCA Doc 80, 324 MOTION to Dismiss Causes 5 and 18 to JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
January 23, 2013 332 NOTICE by DUKE UNIVERSITY re 316 MOTION to Compel (FALCONE, JEREMY)
January 23, 2013 331 MANDATE of USCA as to 196 Notice of Appeal, filed by PATRICK BAKER, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, LEE RUSS, MICHAEL RIPBERGER, STEVEN CHALMERS, 199 Notice of Appeal, filed by BENJAMIN W. HIMAN, THE CITY OF DURHAM, NORTH CAROLINA, MARK D. GOTTLIEB, DAVID W. ADDISON. The judgment of this court, entered 12/17/2012, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. USCA Case Numbers 11-1458 and 11-1460. (Sheets, Jamie)
January 16, 2013 Reset Response Deadline in case re: 330 MOTION to Dismiss Renewed based on USCA Doc 80: Responses due by 2/8/2013. (Sheets, Jamie)
January 15, 2013 330 MOTION to Dismiss Renewed based on USCA Doc 80 by LINWOOD WILSON. Responses due by 1/31/2013 (WILSON, LINWOOD)
January 15, 2013 329 USCA ORDER; The petition for rehearing en banc was circulated to the full court. No judge requested a poll under Fed. R. App. P. 35. The court denies the petition for rehearing en banc. USCA Case Number 11-1458 and 11-1460. (Sheets, Jamie)
January 13, 2013 328 REPLY, filed by Defendant LINWOOD WILSON, to Response to 324 MOTION to Dismiss Causes 5 and 18 filed by LINWOOD WILSON. (WILSON, LINWOOD)
January 11, 2013 327 RESPONSE in Opposition re 324 MOTION to Dismiss Causes 5 and 18 filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 1/28/2013. (EKSTRAND, ROBERT)
January 3, 2013 Motions Referred (with case file and all supporting documents): RE: 297 First MOTION to Compel 310 MOTION to Strike 309 Reply to Response to Motion, and to Declare Briefing Closed on Motion for Protective Order for the Deposition of Plaintiffs' Litigation Counsel [DE 294] 289 MOTION to Modify Order, 284 Protective Order 316 MOTION to Compel to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
January 2, 2013 326 USCA STAY OF MANDATE UNDER FED. R. APP. P. 41(d)(1), as to 196 Notice of Appeal filed by PATRICK BAKER, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, LEE RUSS, MICHAEL RIPBERGER, STEVEN CHALMERS, 199 Notice of Appeal filed by BENJAMIN W. HIMAN, THE CITY OF DURHAM, NORTH CAROLINA, MARK D. GOTTLIEB, DAVID W. ADDISON. This court's mandate is stayed under Fed. R. App. P. 41(d)(1), which provides that "[t]he timely filing of a petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, stays the mandate until disposition of the petition or motion." USCA Case Numbers 11-1458 and 11-1460. (Sheets, Jamie)
December 19, 2012 325 REPLY, filed by Defendant DUKE UNIVERSITY, to Response to 316 MOTION to Compel filed by DUKE UNIVERSITY. (Attachments: # 1 Exhibit A - Unpublished Case 2010 WL 1667285, # 2 Exhibit B - Gettliffe Deposition Excerpts, # 3 Exhibit C - Drummond Deposition Excerpts, # 4 Exhibit D - Unpublished Case 2009 WL 324054, # 5 Exhibit E - McFadyen Deposition Excerpts)(SEGARS, THOMAS)
December 18, 2012 324 MOTION to Dismiss Causes 5 and 18 by LINWOOD WILSON. Responses due by 1/11/2013 (Attachments: # 1 Exhibit Judgement by USCA)(WILSON, LINWOOD)
December 17, 2012 323 USCA JUDGMENT that judgment is entered affirming in part, dismissing in part, reversing in part and remanding in these consolidated appeals. In No. 11-1436 (1:07-cv-00739-JAB-WWD), the judgment of the district court is REVERSED on all issues appealed (Counts 1, 2, 3, 4, and 6 below). In No. 11-1438 (1:07-cv-00739-JAB-WWD), the judgment of the district court is AFFIRMED as to Count 13 below against Defendants Gottlieb and Himan. The judgment is REVERSED as to Count 13 below against Defendant Addison. The judgment is REVERSED as to Counts 1, 2, 3, 4, 5, and 14 below against all defendants. The judgment is REVERSED as to Counts 13, 16, and 17 below against the City of Durham. The City's appeal as to Count 23 below is DISMISSED. In No. 11-1453 (1:08-cv-00119-JAB-WWD), the judgment of the district court is REVERSED on all issues appealed (Counts 21, 25, and 27 below). In No. 11-1465 (1:08-cv-00119-JAB-WWD), the judgment of the district court is REVERSED as to Counts 21, 23, and 25 below against all defendants. The judgment is REVERSED as to Counts 26, 30, and 31 below against the City of Durham. The City's appeal as to Count 32 below is DISMISSED. In No. 11-1458 (1:07-cv-00953-JAB-WWD), the judgment of the district court is REVERSED on all issues appealed (Counts 1, 2, 5, 13, and 18 below). In No. 11-1460 (1:07-cv-00953-JAB-WWD), the judgment of the district court is REVERSED as to Counts 1, 2, 5, and 18 against all defendants. The judgment is REVERSED as to Counts 12, 14, 25, and 26 below against the City of Durham. The City's appeal as to Count 41 below is DISMISSED. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. USCA Case Number: 11-1436 (1:08-cv-119-JAB-JEP) (1:07-cv-953-JAB-JEP). (Law, Trina)
December 17, 2012 322 Featured Case OPINION OF USCA - Affirmed in Part, Dismissed in Part, Reversed in Part, and Remanded. USCA Case Number: 11-1436. (1:08-cv-119-JAB-JEP) (1:07-cv-953-JAB-JEP) (Law, Trina)
December 17, 2012 321 Featured Case ORDER of USCA that the court consolidates the above-captioned appeal numbers 11-1436, 11-1438, 11-1453, 11-1458, 11-1460, and 11-1465 under lead case number 11-1436(L). USCA Case Number: 11-1436 (1:08-cv-119-JAB-JEP) (1:07-cv-953-JAB-JEP) (Law, Trina)
December 6, 2012 320 RESPONSE in Opposition re 316 MOTION to Compel filed by BRECK ARCHER. Replies due by 12/24/2012. (EKSTRAND, ROBERT)
November 16, 2012 319 RESPONSE in Opposition re 310 MOTION to Strike 309 Reply to Response to Motion, and to Declare Briefing Closed on Motion for Protective Order for the Deposition of Plaintiffs' Litigation Counsel [DE 294] filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 12/3/2012. (EKSTRAND, ROBERT)
November 16, 2012 Motions Referred: RE: 318 Amended MOTION for Leave to Take Limited Discovery From Dr. Robert David "KC" Johnson Outside of Discovery Period to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
November 15, 2012 Reset Response Deadline re 316 MOTION to Compel: Responses due by 12/6/2012. (Sheets, Jamie)
November 13, 2012 318 Amended CONSENT MOTION for Leave to Take Limited Discovery From Dr. Robert David "KC" Johnson Outside of Discovery Period filed by DUKE UNIVERSITY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Document Subpoena to KC Johnson, # 3 Exhibit B - Deposition Subpoena to KC Johnson, # 4 Exhibit C - Judge Rich's October 12 Order, # 5 Exhibit D - Civil Docket Report 2:12-mc-00196-JHR District of Maine) (SEGARS, THOMAS) Modified on 11/15/2012 to reflect correct document title. (Sheets, Jamie)
November 12, 2012 317 BRIEF re 316 MOTION to Compel by Defendant DUKE UNIVERSITY filed by DUKE UNIVERSITY. (Attachments: # 1 Exhibit A - Excerpts from Deposition of Breck Archer, # 2 Exhibit B - 6/11/12 email from Smith to Segars, # 3 Exhibit C - 7/25/12 email from Segars to Smith, # 4 Exhibit D - 8/1/12 email from Smith to Segars, # 5 Exhibit E - 10/3/12 email from Smith to Falcone, # 6 Exhibit F - Draft Affidavit of Breck Archer, # 7 Exhibit G - 3/13/12 Letter from Falcone to Ekstrand, # 8 Exhibit H - 11/9/12 email from Falcone to Smith, # 9 Exhibit I - 11/9/12 email from Smith to Falcone)(SEGARS, THOMAS)
November 12, 2012 316 MOTION to Compel by DUKE UNIVERSITY. (SEGARS, THOMAS)
November 8, 2012 Motions Referred: RE: 312 MOTION for Leave to File Reply Brief to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
November 5, 2012 315 REQUEST by Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON for Oral Argument re: 297 First MOTION to Compel. (SPARKS, STEFANIE)
November 3, 2012 314 REPLY, filed by Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON, to Response to 297 First MOTION to Compel filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Exhibit Duke's "redaction log", # 2 Exhibit Additional proof that Sgt. Smith disclosed Ryan McFadyen's, Matt Wilson's, and Breck Archer's DukeCard data to Sgt. Gottlieb)(EKSTRAND, ROBERT)
November 2, 2012 313 RESPONSE re 312 MOTION for Leave to File filed by DUKE UNIVERSITY. Replies due by 11/19/2012. (SUN, PAUL)
November 2, 2012 312 MOTION for Leave to File by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Responses due by 11/26/2012 (Attachments: # 1 Exhibit Reply Brief, # 2 Text of Proposed Order)(SPARKS, STEFANIE)
October 23, 2012 311 Supporting BRIEF re 310 MOTION to Strike 309 Reply to Response to Motion, and to Declare Briefing Closed on Motion for Protective Order for the Deposition of Plaintiffs' Litigation Counsel [DE 294] by Defendant DUKE UNIVERSITY filed by DUKE UNIVERSITY. (SUN, PAUL)
October 23, 2012 310 MOTION to Strike 309 Reply to Response to Motion, and to Declare Briefing Closed on Motion for Protective Order for the Deposition of Plaintiffs' Litigation Counsel [DE 294] by DUKE UNIVERSITY. Responses due by 11/16/2012 (Attachments: # 1 Text of Proposed Order)(SUN, PAUL)
October 22, 2012 Motions Referred: RE: 305 MOTION for Extension of Time to File Reply as to 300 Response in Opposition to Motion 294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel 306 Consent MOTION for Extension of Time to Complete Discovery from Dr. Robert David "KC" Johnson Outside of Discovery Period to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
October 19, 2012 309 REPLY, filed by Plaintiff BRECK ARCHER, to Response to 305 MOTION for Extension of Time to File Response/Reply as to 300 Response in Opposition to Motion, 294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel filed by BRECK ARCHER. (Attachments: # 1 Text of Proposed Order) (SPARKS, STEFANIE)
October 18, 2012 308 RESPONSE filed by Defendant DUKE UNIVERSITY re 305 MOTION for Extension of Time to File Response/Reply as to 300 Response in Opposition to Motion, 294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel filed by RYAN MCFADYEN, BRECK ARCHER, MATTHEW WILSON. Replies due by 11/5/2012. (SUN, PAUL) Modified on 10/19/2012 to remove extra punctuation and duplicate text. (Sheets, Jamie)
October 16, 2012 307 RESPONSE in Opposition re 297 First MOTION to Compel filed by DUKE UNIVERSITY. Replies due by 11/2/2012. (Attachments: # 1 Exhibit 1- Email from Ms. Wells to Mr. Ekstrand, # 2 Exhibit 2- Transcript from Rule 26(f) Conference, # 3 Exhibit 3- Email from Mr. Ellis to Mr. Ekstrand, # 4 Exhibit 4- Dukes Responses to Plaintiffs First Requests for Production, # 5 Exhibit 5- Dukes Responses to Plaintiffs Third Requests for Production, # 6 Exhibit 6- Dukes Responses to Plaintiffs First Set of Interrogatories, # 7 Exhibit 7- Dukes Amended Responses to Plaintiffs First Set of Interrogatories, # 8 Exhibit 8- Dukes First Supplemental Response to Plaintiffs Third Requests for Production, # 9 Exhibit 9- Dukes Responses to Plaintiffs Fourth Requests for Production, # 10 Exhibit 10- Dukes Responses to Plaintiffs Second Set of Interrogatories, # 11 Exhibit 11- Subpoena to Richard Brodhead, # 12 Exhibit 12- Duke Universitys Response to Plaintiffs First Requests for Admissions)(SUN, PAUL)
October 16, 2012 306 Consent MOTION for Extension of Time to Complete Discovery from Dr. Robert David "KC" Johnson Outside of Discovery Period by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(SEGARS, THOMAS)
October 16, 2012 305 MOTION for Extension of Time to File Response/Reply as to 300 Response in Opposition to Motion, 294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Text of Proposed Order) (SPARKS, STEFANIE) Modified on 10/17/2012 to remove extra punctuation. (Sheets, Jamie)
October 10, 2012 Motions Referred: RE: 304 MOTION for Scheduling Status Conference MOTION for Extension of Time of Dispositive Motions Deadline, 302 Consent MOTION for Extension of Time to Extend Discovery Period Solely to Secure an Affidavit from Plaintiff Breck Archer to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
October 5, 2012 304 MOTION for Scheduling Status Conference , MOTION for Extension of Time of Dispositive Motions Deadline by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Text of Proposed Order)(SUN, PAUL)
October 5, 2012 303 NOTICE of Intent to File Dispositive Motions by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH (SUN, PAUL)
October 5, 2012 302 Consent MOTION for Extension of Time to Extend Discovery Period Solely to Secure an Affidavit from Plaintiff Breck Archer by DUKE UNIVERSITY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Affidavit of Breck Bernard Archer, # 3 Exhibit B - 06/11/2012 Email)(FALCONE, JEREMY)
October 2, 2012 Reset Reply Deadline re 294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel: Replies due by 10/15/2012. (Sheets, Jamie)
September 28, 2012 301 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 09/28/2012; that Defendant's Consent Motion to Extend Discovery Period Solely to Secure an Affidavit from Plaintiff Breck Archer and Obtain Attorney Billing Records for Plaintiffs Ryan McFadyen and Breck Archer [Doc. # 299 ] is GRANTED, and the time within which Plaintiffs may produce Plaintiff Breck Archers signed affidavit and the attorney billing records for Plaintiffs Ryan McFadyen and Matthew Wilson is extended to and including October 2, 2012. (Garland, Leah)
September 27, 2012 300 RESPONSE in Opposition re 294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit 1 - Flannery Deposition Excerpt, # 2 Exhibit 2 - 2007-01-31 Emails between Hendricks & Ekstrand, # 3 Exhibit 3 - Tkac Deposition Excerpt, # 4 Exhibit 4 - McDevitt Deposition Excerpt, # 5 Exhibit 5 - 2012-02-14 Document Subpoena to Bob Ekstrand, # 6 Exhibit 6 - 2012-02-14 Document Subpoena to Ekstrand & Ekstrand, # 7 Exhibit 7 - 2012-02-14 Testimony Subpoena to Robert Ekstrand, # 8 Exhibit 8 - 2012-03-14 Objections to Subpoenas, # 9 Exhibit 9 - 2012-03-31 Email from Stefanie Sparks, # 10 Exhibit 10 - 2012-08-14 Carrington Plaintiffs' Supplemental Initial Disclosures, # 11 Exhibit 11 - 2012-08-17 Testimony Subpoena to Stefanie Sparks Smith, # 12 Exhibit 12 - 2012-08-31 Objection to Subpoena, # 13 Exhibit 13 - 2011-10-03 Duke's Defendants' Initial Disclosures in Carrington, # 14 Exhibit 14 - Dowd Deposition Excerpt, # 15 Exhibit 15 - Schoeffel Deposition Excerpt, # 16 Exhibit 16 - Koesterer Deposition Excerpt, # 17 Exhibit 17 - 2007-02-15 Letter from Cheshire to Coman, # 18 Exhibit 18 - Catalino Deposition Excerpt, # 19 Exhibit 19 - Clute Deposition Excerpt, # 20 Exhibit 20 - Jennison Deposition Excerpt, # 21 Exhibit 21 - Archer Deposition Excerpt, # 22 Exhibit 22 - Oppedisano Deposition Excerpt, # 23 Exhibit 23 - Sherwood Deposition Excerpt, # 24 Exhibit 24 - Common Representation Agreement, # 25 Exhibit 25 - McFadyen Deposition Excerpt)(FALCONE, JEREMY)
September 26, 2012 Motions Referred: RE: 299 Consent MOTION for Extension of Time to Extend Discovery Period Solely To Secure An Affidavit From Plaintiff Breck Archer And Obtain Attorney Billing Records For Plaintiffs Ryan Mcfadyen And Breck Archer to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
September 25, 2012 299 Consent MOTION for Extension of Time to Extend Discovery Period Solely To Secure An Affidavit From Plaintiff Breck Archer And Obtain Attorney Billing Records For Plaintiffs Ryan Mcfadyen And Breck Archer by DUKE UNIVERSITY. (Attachments: # 1 Text of Proposed Order)(FALCONE, JEREMY)
September 24, 2012 298 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/24/2012; that Plaintiffs' Motion to Extend Time to Respond to Defendants' Requests for Admissions [Doc. # 295 ] is GRANTED, and Plaintiffs have to and including September 25, 2012, within which to respond to Defendants' discovery requests. FURTHER that the Joint Motion to Extend Discovery Period Solely to Secure an Affidavit from Plaintiff Breck Archer and Obtain Attorney Billing Records for Plaintiffs Ryan McFadyen and Matthew Wilson [Doc. # 296 ] is GRANTED, and the discovery period is extended to September 25, 2012 for those specified purposes. Discovery due by 9/25/2012. (Sheets, Jamie)
September 23, 2012 Motions Referred: RE: 296 Joint MOTION to Extend Discovery Period Solely To Secure An Affidavit From Plaintiff Breck Archer And Obtain Attorney Billing Records For Plaintiffs Ryan Mcfadyen And Breck Archer to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
September 22, 2012 297 First MOTION to Compel by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Responses due by 10/18/2012 (Attachments: # 1 Exhibit Pls' Request for Production Nos. 1-49, # 2 Exhibit Pls' Request for Admission Nos. 4-6, # 3 Exhibit Certificate of Compliance with LR 37.1, # 4 Exhibit Plaintiffs' Subpoena to Chris Cramer, # 5 Exhibit Plaintiffs' Subpoena to Gerald Wilson, # 6 Exhibit Plaintiffs' Subpoena to Jack Bookman, # 7 Exhibit Plaintiffs' Subpoena to John Burness, # 8 Exhibit Plaintiffs' Subpoena to Judith Ruderman, # 9 Exhibit Plaintiffs' Subpoena to Larry Moneta, # 10 Exhibit Plaintiffs' Subpoena to Prasad Kasibhatla, # 11 Exhibit Plaintiffs' Subpoena to Richard Brodhead, # 12 Exhibit Plaintiffs' Subpoena to Robert Steel, # 13 Exhibit Plaintiffs' Subpoena to Robert Thompson, # 14 Exhibit Plaintiffs' Subpoena to Stephen Bryan, # 15 Exhibit Plaintiffs' Subpoena to Suzanne Wasiolek, # 16 Exhibit Plaintiffs' Subpoena to Zoila Airall, # 17 Exhibit Smith Dep. Tr. (extracts), # 18 Exhibit Smith Dep. Ex. 1 (Gottlieb's Report) (extracts))(EKSTRAND, ROBERT)
September 21, 2012 296 Joint MOTION for Extension of Time to Extend Discovery Period Solely To Secure An Affidavit From Plaintiff Breck Archer And Obtain Attorney Billing Records For Plaintiffs Ryan Mcfadyen And Breck Archer by BRECK ARCHER, DUKE UNIVERSITY, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Text of Proposed Order)(FALCONE, JEREMY)
September 20, 2012 Motions Referred: RE: 295 Consent MOTION for Extension of Time to serve responses to Defendants' requests for admissions to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
September 19, 2012 295 Consent MOTION for Extension of Time to serve responses to Defendants' requests for admissions by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Text of Proposed Order)(EKSTRAND, ROBERT)
September 3, 2012 294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Exhibit Deposition Subpoena to Stefanie Smith, # 2 Exhibit Smith's Objections to Subpoenas, # 3 Exhibit Deposition Subpoena to Robert Ekstrand, # 4 Exhibit Robert Ekstrand and Ekstrand & Ekstrand LLP's Objections to Subpoenas, # 5 Exhibit Document Subpoena to Ekstrand & Ekstrand LLP, # 6 Exhibit Document Subpoena to Robert Ekstrand, # 7 Exhibit Document Subpoena to Stefanie Smith)(EKSTRAND, ROBERT)
August 27, 2012 293 RESPONSE in Opposition re 289 MOTION to Modify Order, 284 Protective Order filed by DUKE UNIVERSITY. Replies due by 9/13/2012. (SUN, PAUL)
August 27, 2012 292 NOTICE of Appearance by attorney DANIEL F. E. SMITH on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (SMITH, DANIEL)
August 17, 2012 291 NOTICE of Appearance by attorney CHRISTOPHER W. JACKSON on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (JACKSON, CHRISTOPHER)
August 17, 2012 290 NOTICE of Appearance by attorney CURTIS J. SHIPLEY on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (SHIPLEY, CURTIS)
August 8, 2012 289 MOTION to Modify Order, 284 Protective Order by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT)
August 7, 2012 288 STATEMENT re 282 Order, by Defendant DUKE UNIVERSITY. (SUN, PAUL)
August 7, 2012 287 NOTICE by DUKE UNIVERSITY of Certification of Rule 26(e) Supplementation (SEGARS, THOMAS)
August 1, 2012 286 NOTICE of Appearance by attorney GRANT W. GARBER on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (GARBER, GRANT)
July 25, 2012 TEXT ORDER per Magistrate Judge Peake: In light of the 285 Notice filed 7/25/2012 by Defendant Duke University, if Plaintiffs have any remaining objections to the terms of the 284 Protective Order entered by the Court on 7/24/2012, Plaintiffs may file a motion for modification within 14 days from today for the Court's consideration. (Powell, Gloria)
July 25, 2012 285 NOTICE by DUKE UNIVERSITY re 283 Order on Motion for Protective Order, (WELLS, DIXIE)
July 24, 2012 284 PROTECTIVE ORDER on CONFIDENTIALITY, re: confidential information as set out. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/24/2012. (Sheets, Jamie)
July 24, 2012 283 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/24/2012; that the Motion for Confidentiality Protective Order [Doc. # 271 ] is GRANTED and the Stipulated Protective Order on Confidentiality is entered contemporaneously herewith. (Sheets, Jamie)
July 24, 2012 282 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/24/2012; that the parties must meet and confer with respect to the discovery disputes in the present Motions, in light of this Court's determination that pursuant to the June 9, 2011 Order limiting the scope of discovery, the parties must limit the scope of discovery to include only testimony and documents that are relevant to the specific claims asserted by Plaintiffs in Count 21 and 24. FURTHER that if any discovery disputes remain unresolved after that meeting, the parties must, within 14 days of this Order, file a joint statement setting out the results of the meeting as to each of the specific discovery disputes that remain unresolved, that is, with respect to each topic and sub-topic included in the Rule 30(b)(6) Notice that remains unresolved and each subject listed in the third-party subpoenas that remains unresolved. The Court will schedule a hearing in this matter if necessary following that filing. Alternatively, if all matters have been resolved by the parties, the Court will terminate the pending motions as moot. (Sheets, Jamie)
July 12, 2012 281 ECF 30-Day Notice as to Attorney Meghan Skirving Thelen. (Sheets, Jamie)
July 10, 2012 280 NOTICE of Appearance by attorney MEGHAN S. THELEN on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL. (Sheets, Jamie)
May 15, 2012 Motions Referred: 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
May 14, 2012 279 REPLY, filed by Defendant DUKE UNIVERSITY, to Response to 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order filed by DUKE UNIVERSITY. (Attachments: # 1 Exhibit A- Email from Wells to Ekstrand, # 2 Exhibit B- Email from Ekstrand to Ellis, # 3 Exhibit C- Email from Wells to Ekstrand, # 4 Exhibit D- Email from Sun to Ekstrand, # 5 Exhibit E- Email from Sun to Ekstrand, # 6 Exhibit F- Letter from Smith to Segars dated May 3, 2012)(SUN, PAUL)
April 27, 2012 278 RESPONSE in Opposition re 272 Brief, 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Exhibit Letter from Ekstrand to Duke's Counsel, # 2 Exhibit Chronicle Article about Board of Trustees' Meetings, # 3 Exhibit Smith Deposition Transcript)(EKSTRAND, ROBERT)
April 26, 2012 277 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/26/2012, that Plaintiffs' Motion for Extension of Time to Reply to Motion for Entry of Protective Order on Confidentiality and Prospective Sealing Order by Duke University (Doc. # 276 ) is GRANTED, and Plaintiffs have to and including April 26, 2012, within which to file their response. Replies due by 4/26/2012. (Daniel, J)
April 20, 2012 Motions Referred: 276 Consent MOTION for Extension of Time to File Response as to 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
April 19, 2012 276 Consent MOTION for Extension of Time to File Response/Reply as to 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Text of Proposed Order)(SPARKS, STEFANIE)
April 18, 2012 275 Featured Case ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/18/2012, that the Motion to Withdraw as Counsel (Doc. # 273 ) is GRANTED, and William P.H. Cary is hereby terminated as counsel of record in this case. (Daniel, J)
April 18, 2012 274 NOTICE of Appearance by attorney BRIAN J. MCMILLAN on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (MCMILLAN, BRIAN)
April 16, 2012 Motions Referred: 273 MOTION to Withdraw as Attorney WILLIAM P. H. CARY to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
April 16, 2012 273 MOTION to Withdraw as Attorney WILLIAM P. H. CARY by on behalf of RICHARD CLARK, DNA SECURITY, INC.. Responses due by 5/10/2012 (Attachments: # 1 Text of Proposed Order)(CARY, WILLIAM)
March 26, 2012 272 BRIEF re 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order by Defendant DUKE UNIVERSITY. (Attachments: # 1 Exhibit Proposed Protective Order, # 2 Exhibit Plaintiffs' Version of Protective Order, # 3 Exhibit Protective Order entered in Carrington v. Duke, # 4 Exhibit Order in Beasley v. Sessoms & Rogers)(SUN, PAUL)
March 26, 2012 271 MOTION for Protective Order on Confidentiality and Prospective Sealing Order by DUKE UNIVERSITY. Responses due by 4/19/2012 (SUN, PAUL)
March 6, 2012 Motions Referred: 249 MOTION for Protective Order, 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs to MAG/JUDGE JOI ELIZABETH PEAKE. (Kemp, Donita)
March 1, 2012 270 REPLY, filed by Defendant DUKE UNIVERSITY, to Response to 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs filed by DUKE UNIVERSITY. (Attachments: # 1 Exhibit 1- August 23, 2006 letter from Stephen Bryan to Matthew Wilson, # 2 Exhibit 2- Duff Wilson & Viv Bernstein, Duke Cancels Lacrosse Season and Initiates Critiques, N.Y. TIMES, April 6, 2006, # 3 Exhibit 3- 10/07/2011 email from Ms. Wells to Mr. Ekstrand and Ms. Sparks)(SUN, PAUL)
February 22, 2012 Case Reassigned to MAG/JUDGE JOI ELIZABETH PEAKE. MAG/JUDGE P. TREVOR SHARP no longer assigned to the case. (Powell, Gloria)
February 22, 2012 269 NOTICE of Appearance by attorney JAMES M. WEISS on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (WEISS, JAMES)
February 14, 2012 268 RESPONSE in Opposition re 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs, 263 Brief, filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 3/2/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (SPARKS, STEFANIE) Modified on 2/15/2012 to add exhibit numbers. (Lloyd, Donna)
February 3, 2012 267 RESPONSE to 261 Reply to Response to Motion to the Duke Defendants Allegations Concerning Count 21 filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (SPARKS, STEFANIE) Modified on 2/6/2012 to add text to identify exhibits. (Lloyd, Donna)
January 19, 2012 266 Featured Case ORDER signed by MAG/JUDGE P. TREVOR SHARP on 1/19/2012, that Defendants' motion for leave to exceed page limitation (Docket No. 264 ) is GRANTED and that the Court accepts the Reply Brief, as filed, notwithstanding its noncompliance with Local Rule 7.3(d). (Lloyd, Donna)
January 19, 2012 Motions Referred: 264 MOTION for Leave to File Excess Pages to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita)
January 18, 2012 Set Response Deadline re 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs: Responses due by 2/13/2012. (Lloyd, Donna)
January 18, 2012 265 NOTICE of Appearance by attorney THOMAS HAMILTON SEGARS on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (SEGARS, THOMAS)
January 18, 2012 264 MOTION for Leave to File Excess Pages by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit A - Brief Meeting Page Length, # 2 Text of Proposed Order)(WELLS, DIXIE)
January 18, 2012 263 BRIEF re 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs by Defendant DUKE UNIVERSITY filed by DUKE UNIVERSITY. (Attachments: # 1 Exhibit A - 12-5-11 Notice of 30(b)(6) Deposition, # 2 Exhibit B - 12-9-11 Cross-Notice of 30(b)(6) Deposition)(SUN, PAUL)
January 18, 2012 262 MOTION for Protective Order Limiting the Rule 30(b)(6) Deposition Noticed by Plaintiffs by DUKE UNIVERSITY. (SUN, PAUL)
January 17, 2012 261 REPLY, filed by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH, to Response to 249 MOTION for Protective Order filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit A - Plaintiffs' First Request for Production, # 2 Exhibit B - Plaintiffs' Second Request for Production of Documents and Things)(SUN, PAUL)
January 5, 2012 260 CERTIFICATE OF SERVICE by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON re 259 Additional Attachments to Main Document, 258 Additional Attachments to Main Document, Notice of Deficiency re electronically filed document(s), Notice of Deficiency re electronically filed document(s), Notice of Deficiency re electronically filed document(s) (EKSTRAND, ROBERT)
January 5, 2012 259 Additional Attachments to Main Document. Re 254 RESPONSE, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(EKSTRAND, ROBERT)
January 5, 2012 258 Additional Attachments to Main Document. Re 254 RESPONSE , (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit Amended (signed transcript))(EKSTRAND, ROBERT)
January 5, 2012 257 CERTIFICATE OF SERVICE by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON re 254 Response in Opposition to Motion, Notice of Deficiency re electronically filed document(s), Notice of Deficiency re electronically filed document(s), Notice of Deficiency re electronically filed document(s) (EKSTRAND, ROBERT)
January 3, 2012 NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 255 Certificate-Other, 256 Additional Attachments to Main Document. Certificate of Service filed in relation to pleading no. 253 Response was filed in error with attached exhibits. Refile Certificate of Service as a separate document under the event type "Service of Process" to be filed without any attachments. The Exhibits listed in document no. 255 , 256 should have a cover sheet with the correct heading identifying the documents as exhibits or as additional attachments to pleading no. 254 Response. Please include a certificate of service with these documents. (Taylor, Abby)
December 29, 2011 254 RESPONSE in Opposition re 249 MOTION for Protective Order, 250 Brief filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 1/17/2012. (EKSTRAND, ROBERT)
December 20, 2011 253 Featured Case ORDER signed by MAG/JUDGE P. TREVOR SHARP on 12/20/2011. IT IS ORDERED that the consent motion for extension (Docket No. 248 ) is GRANTED and that the time within which the Duke Defendants may file a Rule 26(c) motion for a protective order concerning the Burson-Marsteller and Edelman subpoenas is extended through and including Thursday, December 8, 2011. (Taylor, Abby)
December 9, 2011 252 CERTIFICATE OF SERVICE by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH re 251 Additional Attachments to Main Document, (ELLIS, RICHARD)
December 9, 2011 NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 251 Additional Attachments to Main Document,. Certificate of service absent from document. Refile a separate Certificate of Service for pleading no. 251 . (Taylor, Abby)
December 9, 2011 251 Additional Attachments to re: 249 MOTION for Protective Order filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit A - Subpoena to Burson-Marstellar, # 2 Exhibit B - Subpoena to Edelman)(ELLIS, RICHARD)
December 8, 2011 250 BRIEF re 249 MOTION for Protective Order by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (ELLIS, RICHARD)
December 8, 2011 249 MOTION for Protective Order by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. Responses due by 1/1/2012 (ELLIS, RICHARD)
December 2, 2011 Motions Referred: 248 Consent MOTION for Extension of Time To File Motion for Protective Order Regarding Subpoenas Duces Tecum until 12/08/2011 to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita)
December 1, 2011 248 Consent MOTION for Extension of Time To File Motion for Protective Order Regarding Subpoenas Duces Tecum until 12/08/2011 by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit A - Subpoena to Burson-Marstellar, # 2 Exhibit B - Subpoena to Edelman, # 3 Text of Proposed Order)(ELLIS, RICHARD)
November 29, 2011 247 NOTICE of Appearance by attorney PAUL K. SUN, JR on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (SUN, PAUL)
October 25, 2011 MAG/JUDGE P. TREVOR SHARP added. MAG/JUDGE WALLACE W. DIXON no longer assigned to case. (Powell, Gloria)
September 27, 2011 246 Featured Case ORDER Appointing JONATHAN R. HARKAVY as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
September 27, 2011 MEDIATION SCHEDULING ORDER ; Mediation due by 6/21/2012. (Gammon, Cheryl)
September 22, 2011 245 NOTICE of Appearance by attorney RYAN M. SHUIRMAN on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., TARA LEVICY, R.N. (SHUIRMAN, RYAN)
September 21, 2011 Set Deadlines: Parties' Amended Pleadings due by 10/31/2011. Parties' Joinder of Parties due by 10/31/2011. (Daniel, J)
September 21, 2011 244 LR 16(c) INITIAL PRETRIAL ORDER signed by MAG/JUDGE WALLACE W. DIXON on 9/19/2011. Plaintiff's Amended Pleadings due by 10/31/2011. Defendant's Amended Pleadings due 10/31/2011. Joinder of Parties for Plaintiffs due by 10/31/2011. Joinder of Parties for Defendants due by 10/31/2011. Discovery shall be placed on the Exceptional Case-Managment Track. The Plaintiffs and the Duke Defendants have agreed to have Jonathan Harkavy mediate this case and the undersigned shall so order Mr. Harkavey be named as Mediator. (Daniel, J)
September 16, 2011 243 NOTICE of Appearance by attorney JEREMY M. FALCONE on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (FALCONE, JEREMY)
September 7, 2011 242 REPLY, filed by Defendants RICHARD CLARK, DNA SECURITY, INC., to Response to 236 MOTION for Inclusion of Provisions in Scheduling Order filed by RICHARD CLARK, DNA SECURITY, INC.. (Attachments: # 1 Exhibit A)(KING, ROBERT)
September 2, 2011 Set/Reset reply Deadlines re 236 MOTION Replies due by 9/19/2011. (Lapira, Sharon)
September 2, 2011 241 RESPONSE filed by Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON re 236 MOTION for filed by RICHARD CLARK, BRIAN MEEHAN, PHD, DNA SECURITY, INC. filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due 9/19/2011 (EKSTRAND, ROBERT)
August 31, 2011 ORAL ORDER Mooting 231 Rule 26f Report - Individual; Mooting 234 Rule 26f Report - Individual; Mooting 236 Motion for Conference by MAG/JUDGE WALLACE W. DIXON on 08/31/11. Motions mooted by the Court's direction. The defendants were directed to submit a Rule 26(f) report as the court discussed with the parties in open court. Proceedings recorded. (Garrett, Kim)
August 31, 2011 ORAL ORDER denying 232 Motion to Consolidate by MAG/JUDGE WALLACE W. DIXON on 08/31/11. The Court will approve cross-noticing of depositions as Plaintiffs propose. (Garrett, Kim)
August 31, 2011 Minute Entry for proceedings held before MAG/JUDGE WALLACE W. DIXON: Initial Pretrial Conference held on 8/31/2011 continued from 8/17/11. Attorneys present Robert Ekstrand and Stefanie Sparks for plaintiff, Richard Ellis, Jeremy Falcone and Dixie Wells for defendant. Parties are to submit a proposed order as set out in open court no later than 9/16/11. 232 Motion to Consolidate is DENIED. Proceedings recorded. (Garrett, Kim)
August 29, 2011 Motions Referred: 236 Request, 232 MOTION to Consolidate Discovery to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim)
August 26, 2011 240 REPLY, filed by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH, to Response to 232 MOTION to Consolidate Discovery filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: # 1 Exhibit 1 - Email with Comments on Proposed 26(f) Report for McFadyen, # 2 Exhibit 2 - Email with Comments on Proposed 26(f) Report for Carrington)(ELLIS, RICHARD)
August 25, 2011 239 RESPONSE to Plaintiffs' response 238 filed by LINWOOD WILSON. Replies due by 8/30/2011. (WILSON, LINWOOD)
August 25, 2011 238 RESPONSE in Opposition re 232 MOTION to Consolidate Discovery filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: # 1 Exhibit Charts, # 2 Exhibit Duke Rule 26(f) Supplemental Report)(SPARKS, STEFANIE)
August 17, 2011 Set/Reset Deadlines/Hearings: Initial Pretrial Conference reset for 8/31/2011 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. (Garrett, Kim)
August 17, 2011 Minute Entry for proceedings held before MAG/JUDGE WALLACE W. DIXON: Initial Pretrial Conference held on 8/17/2011 and continued until 8/31/2011 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. Attorneys present for plaintiff Robert Ekstrand and Stefanie Sparks for defendant Richard Ellis, Dixie Wells, Dan McLamb and Paul Dickinson, Jr. (Garrett, Kim)
August 16, 2011 Motions Referred: 234 Rule 26(f) Report (Individual), 231 Rule 26(f) Report (Individual) to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim)
August 16, 2011 237 RESPONSE filed by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH re 236 Request filed by RICHARD CLARK, BRIAN MEEHAN, PHD, DNA SECURITY, INC. filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (ELLIS, RICHARD)
August 8, 2011 236 REQUEST by Defendants RICHARD CLARK, DNA SECURITY, INC., BRIAN MEEHAN, PHD for Inclusion of Certain Provisions In Scheduling Order. (KING, ROBERT) Modified on 8/29/2011 to correct event used (Garrett, Kim).
August 3, 2011 235 SUPPLEMENT re 231 Rule 26(f) Report (Individual). by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (ELLIS, RICHARD)
August 1, 2011 234 Rule 26(f) Report (Individual). Responses due by 8/25/2011 by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON.(SPARKS, STEFANIE)
August 1, 2011 233 BRIEF re 232 MOTION to Consolidate Discovery by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (ELLIS, RICHARD)
August 1, 2011 232 MOTION to Consolidate Discovery by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. Response due 8/25/2011(ELLIS, RICHARD)
August 1, 2011 231 Rule 26(f) Report (Individual). by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH.(ELLIS, RICHARD)
July 26, 2011 230 Featured Case ORDER on Motion for an Extension of Time to File Reports Required by Rule 26. that the motion for an order extending the time for the parties to file the report(s) required by Rule 26 is GRANTED; and it is FURTHER ORDERED that the time for the parties to file the report(s) required by Rule 26 is hereby extended through and including August 1, 2011. Signed by MAG/JUDGE WALLACE W. DIXON on 7/26/2011. (Lapira, Sharon)
July 26, 2011 Motions Referred: 229 MOTION for Extension of Time to File Reports Required by Rule 26 to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita)
July 23, 2011 229 MOTION for Extension of Time to File Reports Required by Rule 26 by BRECK ARCHER, RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, RYAN MCFADYEN, GARY N. SMITH, ROBERT K. STEEL, MATTHEW WILSON. (Attachments: # 1 Text of Proposed Order)(ELLIS, RICHARD)
July 22, 2011 228 Featured Case ORDER granting 227 Motion to Withdraw as Attorney. Attorney THOMAS CARLTON YOUNGER, III terminated. Signed by MAG/JUDGE WALLACE W. DIXON on 7/22/2011. (Lapira, Sharon)
July 20, 2011 Motions Referred: 227 MOTION to Withdraw as Attorney THOMAS CARLTON YOUNGER, III to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita)
July 18, 2011 227 MOTION to Withdraw as Attorney THOMAS CARLTON YOUNGER, III by on behalf of THERESA ARICO, R.N., DUKE UNIVERSITY HEALTH SYSTEMS, INC., TARA LEVICY, R.N., JULIE MANLY, M.D., PRIVATE DIAGNOSTIC CLINIC, PLLC. (Attachments: # 1 Text of Proposed Order)(YOUNGER, THOMAS)
July 1, 2011 226 NOTICE by RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (WELLS, DIXIE)
July 1, 2011 225 NOTICE of Appearance by attorney RICHARD W. ELLIS on behalf of Defendants RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, GARY N. SMITH, ROBERT K. STEEL (ELLIS, RICHARD)
June 30, 2011 224 Featured Case ORDER ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL for good cause shown, that the motion of William F. Lee, Jamie S. Gorelick, Paul R.Q. Wolfson, and Jennifer M. OConnor of Wilmer Cutler Pickering Hale & Dorr LLP to withdraw as counsel for the Duke Defendants is GRANTED and that William F. Lee, Jamie S. Gorelick, Paul R.Q. Wolfson, and Jennifer M. OConnor of Wilmer Cutler Pickering Hale & Dorr LLP are fully discharged from representation of the Duke Defendants in this matter and shall have no further responsibility with regard to this case. Signed by MAG/JUDGE WALLACE W. DIXON on 6/30/2011. (Lapira, Sharon)
June 30, 2011 Motions Referred: 223 MOTION to Withdraw as Counsel to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita)
June 28, 2011 223 MOTION to Withdraw as Counsel by THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. (Attachments: # 1 Text of Proposed Order Proposed Order)(O'CONNOR, JENNIFER)
June 28, 2011 222 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/17/2011 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. (Garrett, Kim)
June 27, 2011 221 Featured Case ORDER signed by MAG/JUDGE WALLACE W. DIXON on 6/27/2011, that the Motion of Hannah G. Styron, individually, to withdraw as counsel for the Defendants in this Action is hereby granted. (Butler, Carol)
June 24, 2011 Motions Referred: 220 MOTION to Withdraw as Attorney HANNAH GRAY STYRON to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita)
June 21, 2011 220 MOTION to Withdraw as Attorney HANNAH GRAY STYRON by on behalf of PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. Responses due by 7/15/2011 (Attachments: # 1 Text of Proposed Order Order)(STYRON, HANNAH)
June 13, 2011 Minute Entry for proceedings held before MAG/JUDGE WALLACE W. DIXON: In view of the stay order entered on June 9, the order entered on June 10 is withdrawn. (DIXON, WALLACE)
June 10, 2011 219 Featured Case ORDER signed by MAG/JUDGE WALLACE W. DIXON on 6/10/2011, that on motion of Defendant the City of Durham, North Carolina (the "City"), and pursuant to FED. R. CIV. P. 6(b) and LR6.1(a), MDNC it is hereby ORDERED that the time within which the City and its former and present personnel who are named as Defendants and Defendant Linwood Wilson may answer or otherwise plead or respond to Plaintiffs' Second Amended Complaint (Doc. no. 136 ), shall be, and such time hereby is, ENLARGED, through and including July 14, 2011. Answer due by 7/14/2011.(Daniel, J)
June 9, 2011 218 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 6/9/11 that the Motions to Stay [Doc. # 205 , 211 , 212 ] are GRANTED and all proceedings in this case with respect to Counts 1, 2, 5, 12, 13, 14, 18, 25, 26, 32, 35, and 41, including discovery, are stayed pending the resolution of the interlocutory appeal in this case. HOWEVER, IT IS FURTHER ORDERED that discovery may proceed with respect to Counts 21 and 24, but discovery may not be directed to any of the City Defendants until the resolution of the interlocutory appeal unless otherwise ordered by the Court. (Wilson, JoAnne)
June 9, 2011 Motions Referred: 217 Consent MOTION for Extension of Time to File Answer re 136 Amended Complaint on Behalf of City Defendants and Defendant Linwood Wilson to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita)
June 9, 2011 217 Consent MOTION for Extension of Time to File Answer re 136 Amended Complaint,,,, on Behalf of City Defendants and Defendant Linwood Wilson by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order)(GILLESPIE, REGINALD)
May 27, 2011 Motions Submitted: 212 MOTION for Joinder to Join Defendants' Motion To Stay, 211 MOTION for Joinder to Join Defendants Motion To Stay, 205 MOTION to Stay to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
May 26, 2011 216 REPLY, filed by Defendants DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA, to Response to 205 MOTION to Stay filed by DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
May 26, 2011 215 NOTICE by DUKE UNIVERSITY re 214 Response in Opposition to Motion Notice of Duke University's Response to Plaintiffs' Allegation of Destruction of Evidence (Attachments: # 1 Exhibit A - Letter from Wells to Ekstrand)(COWAN, JAMES)
May 24, 2011 214 RESPONSE in Opposition re 205 MOTION to Stay, 206 Brief, filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT)
May 18, 2011 Set/Reset Motion and R&R Deadlines/Hearings re 205 MOTION to Stay : Responses due by 5/24/2011. Replies due by 5/27/2011. (Lapira, Sharon)
May 18, 2011 213 Featured Case ORDER that the Motion to Expedite [Doc. # 207 ] is GRANTED, and that with respect to the City Defendants' motion for stay of proceedings and supporting brief filed on May 13, 2011, any Response, including brief, shall be filed on or before midnight on May 24, 2011, and any Reply shall be filed on or before midnight on May 27, 2011. Signed by CHIEF JUDGE JAMES A. BEATY, JR., on 5/18/2011. (Lapira, Sharon)
May 18, 2011 212 MOTION for Joinder to Join Defendants' Motion To Stay by LINWOOD WILSON. Responses due by 6/13/2011 (WILSON, LINWOOD)
May 17, 2011 211 MOTION for Joinder to Join Defendants Motion To Stay re 205 MOTION to Stay by RICHARD CLARK, DNA SECURITY, INC., BRIAN MEEHAN, PHD. Responses due by 6/10/2011 (KING, ROBERT)
May 16, 2011 210 ANSWER to Second Amended Complaint (Second) by BRIAN MEEHAN, PHD. Re 136 Second Amended Complaint (ROBERTS, JAMES)
May 16, 2011 209 ANSWER to Second Amended Complaint by RICHARD CLARK, DNA SECURITY, INC. Re 136 Second Amended Complaint (KING, ROBERT)
May 16, 2011 208 NOTICE of Appearance by attorney STEFANIE ANNE SPARKS on behalf of Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON (SPARKS, STEFANIE)
May 16, 2011 Motions Submitted: 207 Consent MOTION to Expedite Response and Reply Deadlines re 205 motion for stay to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
May 13, 2011 207 Consent MOTION to Expedite Response and Reply Deadlines re 205 motion for stay by DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order)(GILLESPIE, REGINALD)
May 13, 2011 206 Supporting BRIEF re 205 MOTION to Stay by Defendants DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA filed by DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
May 13, 2011 205 MOTION to Stay by DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 6/6/2011 (GILLESPIE, REGINALD)
May 6, 2011 Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re 204 Order on Motion for Leave to Proceed in forma pauperis (Lapira, Sharon)
May 6, 2011 204 Featured Case ORDER that the defendant Linwood Wilson may proceed on appeal to the Fourth Circuit Court of Appeals without prepayment of fees or costs or the giving of security. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 5/6/2011. (Lapira, Sharon)
May 6, 2011 203 USCA ORDER The court consolidates Case No. 11-1458 and Case No. 11-1460. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. USCA 11-1460 (Lapira, Sharon)
May 6, 2011 202 NOTICE of Docketing Record on Appeal from USCA re 199 Notice of Appeal,. USCA Case Number 11-1460 Case Manager Cyndi Halupa (Lapira, Sharon)
May 4, 2011 201 NOTICE of Docketing Appeal from USCA re 196 Notice of Appeal, filed by PATRICK BAKER, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, LEE RUSS, MICHAEL RIPBERGER, STEVEN CHALMERS. USCA Case Number: 11-1458. USCA Case Manager: Cyndi Halupa. (Law, Trina)
May 3, 2011 Motions Submitted: 198 MOTION for Leave to Proceed In Forma Pauperis to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
May 3, 2011 200 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 199 Notice of Appeal, (Lapira, Sharon)
May 2, 2011 199 NOTICE OF APPEAL as to 186 Memorandum & Opinion,, 187 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss by DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, THE CITY OF DURHAM, NORTH CAROLINA. Filing fee $ 455, receipt number 0418-921210. (GILLESPIE, REGINALD)
May 2, 2011 198 MOTION for Leave to Proceed In Forma Pauperis by LINWOOD WILSON. (Attachments: # 1 Affidavit Declaration In Support)(WILSON, LINWOOD)
May 2, 2011 Assembled Electronic Record Transmitted to Fourth Circuit re 196 Notice of Appeal, (Lapira, Sharon)
May 2, 2011 197 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 196 Notice of Appeal, (Lapira, Sharon)
April 29, 2011 196 NOTICE OF APPEAL as to 186 Memorandum & Opinion,, 187 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss, by PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. Filing fee $ 455, receipt number 0418-920418. (KERNER, PATRICIA)
April 14, 2011 195 ANSWER to Amended Complaint 136 by RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., VICTOR J. DZAU, M.D., AARON GRAVES, TARA LEVICY, R.N., GARY N. SMITH, ROBERT K. STEEL. (COWAN, JAMES)
April 12, 2011 Featured Case ORDER granting 194 Motion for Extension of Time to Answer for BRIAN MEEHAN, PHD. Answer due by 5/16/2011. Signed by John Brubaker, Clerk of Court, on 04/12/11. (Brubaker, John)
April 11, 2011 194 MOTION for Extension of Time to File Answer re 136 Amended Complaint,,,, Unopposed Motion for Enlargement of Time to Answer Plaintiffs' Second Amended Complaint by BRIAN MEEHAN, PHD. (Attachments: # 1 Text of Proposed Order)(DICKINSON, PAUL)
April 11, 2011 Featured Case ORDER granting 193 Motion for Extension of Time to Answer for RICHARD CLARK and DNA SECURITY, INC. Answer due by 5/16/2011. Signed by John Brubaker, Clerk of Court, on 04/11/11. (Brubaker, John)
April 11, 2011 193 MOTION for Extension of Time to File Answer by RICHARD CLARK, DNA SECURITY, INC.. (Attachments: # 1 Text of Proposed Order)(KING, ROBERT)
April 11, 2011 192 Featured Case ORDER ENLARGING TIME WITHIN WHICH CITY DEFENDANTS, MICHAEL NIFONG, AND LINWOOD WILSON MAY ANSWER PLAINTIFFS' SECOND AMENDED COMPLAINT FED. R. CIV. P. 6(b), LR6.1(a), MDNC Answer due by 6/14/2011. Signed by MAG/JUDGE WALLACE W. DIXON on 4/11/2011. (Lapira, Sharon)
April 11, 2011 Motions Referred: 191 MOTION for Extension of Time to File Answer re 136 Amended Complaint on Behalf of City Defendants, Defendant Michael Nifong, and Defendant Linwood Wilson to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita)
April 9, 2011 191 MOTION for Extension of Time to File Answer re 136 Amended Complaint,,,, on Behalf of City Defendants, Defendant Michael Nifong, and Defendant Linwood Wilson by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order)(GILLESPIE, REGINALD)
April 8, 2011 190 NOTICE of Appearance by attorney WILLIAM P. H. CARY on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (CARY, WILLIAM)
April 7, 2011 189 NOTICE of Appearance by attorney CHARNANDA T. REID on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (REID, CHARNANDA)
April 6, 2011 188 NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK D. GOTTLIEB (SPEAS, EDWIN)
March 31, 2011 187 Featured Case ORDER that the Motions to Dismiss [Doc. # 167 , 168 , 169 , 170 ], 171 , 173 , 174 , 175 , 176 , 177 , 179 ] are GRANTED IN PART and DENIED IN PART. As a result, IT IS ORDERED that Plaintiffs claims will go forward against Defendant Nifong in Counts 1, 2, 5, and 18; against Defendant Gottlieb in Counts 1, 2, 5, and 18; against Defendant Himan in Counts 1, 2, and 18; against Defendant Levicy in Counts 1, 2, and 18; against Defendant Smith in Counts 2 and 24; against Defendant Addison in Count 5; against Defendant Wilson in Counts 5 and 18; against the City in Counts 1, 2, and 5 (based on the allegations in Counts 12 and 14), as well as in Counts 18, 25, 26, and 41; against Defendants Hodge, Baker, Chalmers, Russ, Council, and Ripberger in Counts 1, 2, 5, and 13; against Defendant Lamb in Counts 1, 2, 5, 13, and 18; against Clark and Meehan in Count 18; against DSI in Counts 18 and 35; against Steel, Brodhead, Dzau and Burness in Count 18; against Defendants Graves, Dean, and Drummond in Count 24; against Duke Health in Counts 18 and 32; and against Duke in Counts 18, 21 (to the extent set out in the Memorandum Opinion), 24, and 32. IT IS THEREFORE ORDERED that all remaining claims are DISMISSED, including all of the claims asserted in Counts 3, 4, 6, 7, 8, 9, 10, 11, 15, 16, 17, 19, 20, 22, 23, 27, 28, 29, 30, 31, 33, 34, 36, 37, 38, 39, and 40, and all of the claims asserted against Defendants Humphries, Cooper, Garber, Schwab, Fleming, Best, Stotsenberg, Lange, Trask, Moneta, Haltom, Dawkins, Wasiolek, Bryan, Private Diagnostic, Manly, Arico, Mihaich, Evans, Soukup, Michael, Clayton, and the Duke Police Department. IT IS FURTHER ORDERED that the claim for punitive damages against the City is DISMISSED. FINALLY, IT IS ORDERED that the City of Durhams Motion for Summary Judgment [Doc. # 86 ] is DENIED at this time, without prejudice to the City raising the issues asserted therein as part of a comprehensive Motion for Summary Judgment at the close of discovery. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 3/31/2011. (Lapira, Sharon)
March 31, 2011 186 Featured Case MEMORANDUM AND OPINION that the Motions to Dismiss [Doc. # 167 , 168 , 169 , 170 , 171 , 173 , 174 , 175 , 176 , 177 , 179 ] are GRANTED IN PART and DENIED IN PART asset out herein. IT IS FURTHER ORDERED that the City of Durhams Motion for Summary Judgment [Doc. # 86 ] is DENIED at this time, without prejudice to the City raising the issues asserted therein as part of a comprehensive Motion for Summary Judgment at the close of discovery. A separate Order will be entered contemporaneously herewith.. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 3/31/2011. (Lapira, Sharon)
February 28, 2011 185 NOTICE of Change of Address by PAUL R. DICKINSON, JR (DICKINSON, PAUL)
May 4, 2010 Motions Submitted: 168 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 179 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 176 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 167 MOTION to Dismiss Second Amended Complaint, 170 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 175 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 169 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 177 MOTION to Dismiss [RENEWED] Second Amended Complaint, 174 MOTION to Dismiss Second Amended Complaint, 173 MOTION to Dismiss Second Amended Complaint, 171 MOTION to Dismiss Second Amended Complaint to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 23, 2010 184 REPLY, filed by Defendant THE CITY OF DURHAM, NORTH CAROLINA, to Response to 179 MOTION to Dismiss Plaintiffs' Second Amended Complaint NOTE: This Reply with Respect to Supplemental Brief in Support of Motion to Dismiss Plaintiffs' N.C. Constitutional Claim is filed in reply to Plaintiffs' Opposition Brief (Doc. No.182 )] filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
April 23, 2010 183 REPLY, filed by Defendants THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK, to Response to 176 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 175 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 177 MOTION to Dismiss [RENEWED] Second Amended Complaint IN SUPPORT OF DUKE UNIVERSITY DEFENDANTS', DUKE SANE DEFENDANTS', AND DUKE POLICE DEFENDANTS' MOTION TO DISMISS COUNT 41 OF PLAINTIFFS' SECOND AMENDED COMPLAINT filed by THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. (GORELICK, JAMIE)
April 9, 2010 182 RESPONSE in Opposition re 180 Brief filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 4/26/2010. (EKSTRAND, ROBERT)
April 9, 2010 181 RESPONSE in Opposition re 178 Memorandum filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Replies due by 4/26/2010. (EKSTRAND, ROBERT)
March 16, 2010 180 Supplemental BRIEF re 179 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Defendant THE CITY OF DURHAM, NORTH CAROLINA filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
March 16, 2010 179 MOTION to Dismiss Plaintiffs' Second Amended Complaint by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 4/9/2010 (GILLESPIE, REGINALD)
March 16, 2010 178 MEMORANDUM filed by Defendants THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK re 176 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 175 MOTION to Dismiss [RENEWED] Second Amended Complaint MOTION to Dismiss [RENEWED] Second Amended Complaint, 177 MOTION to Dismiss [RENEWED] Second Amended Complaint filed by THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. (GORELICK, JAMIE)
March 16, 2010 177 MOTION to Dismiss [RENEWED] Second Amended Complaint by THERESA ARICO, R.N., DUKE UNIVERSITY HEALTH SYSTEMS, INC., TARA LEVICY, R.N., JULIE MANLY, M.D., PRIVATE DIAGNOSTIC CLINIC, PLLC. (GORELICK, JAMIE)
March 16, 2010 176 MOTION to Dismiss [RENEWED] Second Amended Complaint by JEFFREY O. BEST, PHYLLIS COOPER, ROBERT DEAN, DUKE UNIVERSITY POLICE DEPARTMENT, JOSEPH FLEMING, WILLIAM F. GARBER, II, LEILA HUMPHRIES, JAMES SCHWAB, GARY N. SMITH, GREG STOTSENBERG. (GORELICK, JAMIE)
March 16, 2010 175 MOTION to Dismiss [RENEWED] Second Amended Complaint by RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, KEMEL DAWKINS, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, ALLISON HALTON, PETER LANGE, PHD, LARRY MONETA, ED.D., ROBERT K. STEEL, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. (GORELICK, JAMIE)
March 15, 2010 174 MOTION to Dismiss Second Amended Complaint by BRIAN MEEHAN, PHD. Responses due by 4/2/2010 (ROBERTS, JAMES)
March 12, 2010 173 MOTION to Dismiss Second Amended Complaint by RICHARD CLARK, DNA SECURITY, INC.. Responses due by 4/2/2010 (PINYAN, CLINTON)
March 11, 2010 172 NOTICE of Appearance by attorney CLINTON R. PINYAN on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (PINYAN, CLINTON)
March 11, 2010 171 MOTION to Dismiss Second Amended Complaint by BENJAMIN W. HIMAN. Responses due by 4/5/2010 (SAPPENFIELD, HENRY)
March 10, 2010 170 MOTION to Dismiss Plaintiffs' Second Amended Complaint by PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, LAIRD EVANS, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS. Responses due by 4/5/2010 (KERNER, PATRICIA)
March 10, 2010 169 MOTION to Dismiss Plaintiffs' Second Amended Complaint by DAVID W. ADDISON, RICHARD D. CLAYTON, KAMMIE MICHAEL, JAMES T. SOUKUP. Responses due by 4/5/2010 (MAXWELL, JAMES)
March 9, 2010 168 MOTION to Dismiss Plaintiffs' Second Amended Complaint by MARK D. GOTTLIEB. Responses due by 4/2/2010 (STEVENS, ERIC)
March 4, 2010 167 MOTION to Renew Pldg. # 44 Motion to Dismiss and Memorandum re Second Amended Complaint by LINWOOD WILSON. Responses due by 3/29/2010. (WILSON, LINWOOD)
February 24, 2010 NOTICE of Docket Text/Event Modification re 136 Second Amended Complaint: Corrected Document and Filed Exhibits as Separate Docket Entries; Pleading has been regenerated. (Law, Trina)
February 23, 2010 166 EXHIBIT 28 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 165 EXHIBIT 27 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 164 EXHIBIT 26 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 163 EXHIBIT 25 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 162 EXHIBIT 24 (Part 2) re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 161 EXHIBIT 24 (Part 1) re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 160 EXHIBIT 23 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 159 EXHIBIT 22 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 158 EXHIBIT 21 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 157 EXHIBIT 20 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 156 EXHIBIT 19 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 155 EXHIBIT 18 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 154 EXHIBIT 17 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 153 EXHIBIT 16 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 152 EXHIBIT 15 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 151 EXHIBIT 14 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 150 EXHIBIT 13 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 149 EXHIBIT 12 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 148 EXHIBIT 11 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 147 EXHIBIT 10 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 146 EXHIBIT 9 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 145 EXHIBIT 8 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 144 EXHIBIT 7 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER.(Law, Trina)
February 23, 2010 143 EXHIBIT 6 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 142 EXHIBIT 5 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 141 EXHIBIT 4 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 140 EXHIBIT 3 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 139 EXHIBIT 2 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 138 EXHIBIT 1 re 136 SECOND AMENDED COMPLAINT filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER. (Law, Trina)
February 23, 2010 137 NOTICE of Manual Filing Second Amended Complaint in paper form with the Clerk's Office by Plaintiffs BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON (Electronic Not Paper Form) (EKSTRAND, ROBERT)
February 23, 2010 136 Second AMENDED COMPLAINT against defendant DAVID W. ADDISON, THERESA ARICO, R.N., PATRICK BAKER, JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, STEVEN CHALMERS, RICHARD CLARK, RICHARD D. CLAYTON, PHYLLIS COOPER, BEVERLY COUNCIL, KEMEL DAWKINS, ROBERT DEAN, DNA SECURITY, INC., MATTHEW DRUMMOND, DUKE POLICE DEFENDANTS, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., LAIRD EVANS, JOSEPH FLEMING, WILLIAM F. GARBER, II, MARK D. GOTTLIEB, AARON GRAVES, ALLISON HALTON, BENJAMIN W. HIMAN, RONALD HODGE, LEILA HUMPHRIES, JEFF LAMB, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., BRIAN MEEHAN, PHD, KAMMIE MICHAEL, STEPHEN MIHAICH, LARRY MONETA, ED.D., MICHAEL B. NIFONG, PRIVATE DIAGNOSTIC CLINIC, PLLC, MICHAEL RIPBERGER, LEE RUSS, EDWARD SARVIS, JAMES SCHWAB, GARY N. SMITH, JAMES T. SOUKUP, ROBERT K. STEEL, GREG STOTSENBERG, THE CITY OF DURHAM, NORTH CAROLINA, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK, LINWOOD WILSON, filed by MATTHEW WILSON, RYAN MCFADYEN, BRECK ARCHER.(EKSTRAND, ROBERT) Modified on 2/24/2010 to correct document image (Law, Trina).
February 16, 2010 Set Deadline: Second Amended Complaint due 2/23/2010 pursuant to Order entered 2/16/2010. (Welch, Kelly)
February 16, 2010 135 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 2/16/10, that Plaintiffs' Motion for Leave to File a Second Amended Complaint [Doc. # 130 ] is GRANTED, and Plaintiffs must file their Second Amended Complaint within seven (7) days of this Order. FURTHER that the previously-filed Motions to Dismiss [consolidated at Doc. # 61 ] and the related Motion to Strike [Doc. # 73 ] will be terminated as MOOT. Defendants may file renewed Motions to Dismiss within 21 days after the Second Amended Complaint is filed, but those renewed Motions to Dismiss should not be accompanied by any further briefing, and should instead incorporate any previous briefing by reference to the relevant docket numbers in this case. FURTHER that Defendants Duke University and the City of Durham may each file an additional supplemental supporting memorandum not to exceed 20 pages addressing any new matters reflected in the Second Amended Complaint, and a Response not to exceed 20 pages may be filed within 21 days thereafter, with a Reply not to exceed 10 pages filed 14 days later. (Welch, Kelly)
January 7, 2010 134 Suggestion of Subsequently Decided Authority re 61 MOTION to Dismiss by Defendants DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, RICHARD D. CLAYTON, BEVERLY COUNCIL, LAIRD EVANS, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, KAMMIE MICHAEL, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS, JAMES T. SOUKUP, THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
December 31, 2009 Motions Submitted: 130 MOTION for Leave to Amend the Pleadings to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
December 21, 2009 133 REPLY to Response to 130 MOTION for Leave to Amend the Pleadings filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT)
December 4, 2009 132 RESPONSE in Opposition re 130 MOTION for Leave to Amend the Pleadings filed by THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. Replies due by 12/21/2009. (GORELICK, JAMIE)
December 4, 2009 131 RESPONSE in Opposition re 130 MOTION for Leave to Amend the Pleadings filed by THE CITY OF DURHAM, NORTH CAROLINA. Replies due by 12/21/2009. (Attachments: # 1 Text of Proposed Order including Alternate Versions)(GILLESPIE, REGINALD)
November 11, 2009 130 MOTION for Leave to Amend the Pleadings by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 12/4/2009. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Proposed Order)(EKSTRAND, ROBERT)
July 14, 2009 129 Response BRIEF re 128 Order Requesting Supplemental Briefs by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT)
July 10, 2009 128 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 7/10/2009, re 126 MOTION entitled "REQUEST"; that within 20 days after Defendants' Supplemental Briefs are filed, Plaintiffs may file one consolidated Response Brief, not to exceed 40 pages, responding to the issues raised in the Defendants' Supplemental Briefs [Doc. # 120 - # 125 ]. In all other respects, Plaintiffs' Motion is denied. (Lloyd, Donna)
July 10, 2009 127 NOTICE of Withdrawal re 126 Request for Clarification of the Court's June 4, 2009, Order and Alternative Motion to Enlarge the Number of Pages or Briefs by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT)
July 1, 2009 Request by plantiffs for Clarification of the Court's June 4, 2009 order REFERRED to Judge Beaty. (Kemp, Donita)
June 29, 2009 126 REQUEST for Clarification of the Court's June 4, 2009 Order re 119 Order by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: # 1 Exhibit Proposed Order)(EKSTRAND, ROBERT)
June 24, 2009 125 REPLY to Response to 40 MOTION to Dismiss Defendant Brian Meehan's Joinder in Defendants DNA Security, Inc. and Richard Clark's Supplemental Brief in Support of Motion to Dismiss filed by BRIAN MEEHAN, PHD. (ROBERTS, JAMES)
June 24, 2009 124 Supplemental BRIEF In Support Of Linwood Wilson's Motion To Dismiss 44 by Defendant LINWOOD WILSON filed by LINWOOD WILSON. (WILSON, LINWOOD)
June 24, 2009 123 Supplemental BRIEF re 54 Memorandum, 61 MOTION to Dismiss, 62 Brief, 52 Brief by Defendants THE CITY OF DURHAM, NORTH CAROLINA, MARK D. GOTTLIEB, BENJAMIN W. HIMAN. (GILLESPIE, REGINALD)
June 24, 2009 122 Supplemental BRIEF re 102 Reply to Response to Motion, 56 Memorandum, 58 Memorandum, 43 Memorandum, 105 Reply to Response to Motion, 95 Reply to Response to Motion filed by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. (KERNER, PATRICIA)
June 24, 2009 121 Supplemental BRIEF re 100 Reply to Response to Motion, 60 Memorandum by Defendants DNA SECURITY, INC., RICHARD CLARK by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT)
June 24, 2009 120 Joint Supplemental BRIEF re 48 Memorandum, 97 Reply to Response to Motion, 46 Memorandum, 50 Memorandum, 98 Reply to Response to Motion, 99 Reply to Response to Motion, by Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (GORELICK, JAMIE)
June 4, 2009 119 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 06/04/09, that within 20 days of the date of this Order, any of the previously-designated Defendant groups may file a Supplemental Brief, not to exceed 20 pages, addressing the impact of the Supreme Court's decision in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), on the resolution of the pending Motions to Dismiss in this case. FURTHER that within 20 days after such Supplemental Briefs are filed, Plaintiffs may file a Response Brief, not to exceed 20 pages, responding to any issues raised in the Supplemental Briefs. (Law, Trina)
May 27, 2009 118 Suggestion of Subsequently Decided Authority Supplementing Motions to Dismiss by Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (Attachments: # 1 Exhibit 1)(GORELICK, JAMIE)
March 30, 2009 117 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 03/30/09, that for administrative purposes, the various Motions to Dismiss [Doc. # 40 , # 41 , # 44 , # 45 , # 47 , # 49 , # 51 , # 53 , # 55 , # 57 , # 59 , # 61 are CONSOLIDATED into a single Motion to Dismiss [designated as Doc. # 61 ] for further review and consideration by the Court. (Law, Trina)
March 22, 2009 116 SUPPLEMENT re 86 MOTION for Partial Summary Judgment (Governmental Immunity) by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD)
February 27, 2009 115 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant MARK D. GOTTLIEB. DAVID WILLIAM LONG is substituted as counsel for Defendant. Attorney EDWIN M. SPEAS, JR terminated. (LONG, DAVID)
February 25, 2009 114 Suggestion of Subsequently Decided Authority re 86 MOTION for Partial Summary Judgment (Governmental Immunity), 96 Response in Opposition to Motion by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: # 1 Fulford v. Jenkins Slip Opinion, # 2 Policy at Issue in Fulford v. Jenkins, et al)(EKSTRAND, ROBERT)
January 26, 2009 113 NOTICE of Change of Address by JAMES DONALD COWAN, JR. (COWAN, JAMES)
December 29, 2008 ***Motions Submitted: 51 MOTION to Dismiss, 86 MOTION for Partial Summary Judgment (Governmental Immunity), 40 MOTION to Dismiss, 59 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 45 MOTION to Dismiss by Duke University Defendants, 53 MOTION to Dismiss, 44 MOTION to Dismiss, 57 MOTION to Dismiss, 55 MOTION to Dismiss, 73 MOTION to Strike 61 MOTION to Dismiss, 49 MOTION to Dismiss by Duke Police Defendants, 41 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
December 16, 2008 NOTICE of Docket Text/Event Modification re Notice of Electronic Deficiency entered in error on 12/15/08. (Law, Trina)
December 15, 2008 ***FILED IN ERROR***NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) as to REGINALD GILLESPIE re 108 Affidavit, 109 Affidavit. Exhibit 1 is too large and cannot be opened properly. Please refile the exhibit in smaller sections so it can be viewed. (Law, Trina) Modified on 12/15/2008 to reflect this entry was filed erroneously (Law, Trina).
December 14, 2008 112 CERTIFICATE OF SERVICE re 109 Affidavit, 110 Affidavit, 108 Affidavit by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
December 12, 2008 111 REPLY to Response to 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
December 12, 2008 110 AFFIDAVIT of Arche L. McAdoo re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD)
December 12, 2008 109 AFFIDAVIT of J. Steven Lee re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD)
December 12, 2008 108 AFFIDAVIT of Amy M. Delorenze re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD)
November 26, 2008 107 REPLY to Response to 61 MOTION to Dismiss filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
November 26, 2008 106 REPLY to Response to 53 MOTION to Dismiss, 51 MOTION to Dismiss filed by Defendants BENJAMIN W. HIMAN, MARK GOTTLIEB. (CRAIG, JOEL)
November 26, 2008 105 REPLY to Response to 55 MOTION to Dismiss filed by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. (KERNER, PATRICIA)
November 26, 2008 104 REPLY to Response to 40 MOTION to Dismiss filed by BRIAN MEEHAN, PHD. (DICKINSON, PAUL)
November 26, 2008 103 NOTICE of Appearance by attorney PAUL R. DICKINSON, JR on behalf of Defendant BRIAN MEEHAN, PHD. (DICKINSON, PAUL)
November 26, 2008 102 REPLY to Response to 57 MOTION to Dismiss filed by RONALD HODGE. (KERNER, PATRICIA)
November 25, 2008 101 REPLY to Response to 44 MOTION to Dismiss filed by LINWOOD WILSON. (WILSON, LINWOOD)
November 25, 2008 100 REPLY to Response to 59 MOTION to Dismiss filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT)
November 25, 2008 99 REPLY to Response to 49 MOTION to Dismiss by Duke Police Defendants filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, DUKE UNIVERSITY POLICE DEPARTMENT, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (GORELICK, JAMIE)
November 25, 2008 98 REPLY to Response to 47 MOTION to Dismiss filed by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (GORELICK, JAMIE)
November 25, 2008 97 REPLY to Response to 45 MOTION to Dismiss by Duke University Defendants filed by ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, AARON GRAVES. (GORELICK, JAMIE)
November 24, 2008 96 RESPONSE in Opposition re 88 Brief, 87 Affidavit, 89 Certificate of Service, 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 12/12/2008. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(EKSTRAND, ROBERT)
November 24, 2008 95 REPLY to Response to 41 MOTION to Dismiss filed by JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON. (MAXWELL, JAMES)
November 21, 2008 94 REPLY to Response to 73 MOTION to Strike 48 Memorandum, 47 MOTION to Dismiss by Duke SANE Defendants, 61 MOTION to Dismiss, 46 Memorandum, 50 Memorandum, 49 MOTION to Dismiss by Duke Police Defendants, 45 MOTION to Dismiss by Duke University De MOTION to Strike 48 Memorandum, 47 MOTION to Dismiss by Duke SANE Defendants, 61 MOTION to Dismiss, 46 Memorandum, 50 Memorandum, 49 MOTION to Dismiss by Duke Police Defendants, 45 MOTION to Dismiss by Duke University filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT)
November 10, 2008 93 RESPONSE re 90 Response to Plaintiffs' "Request" For Leave by DNA SECURITY, INC., RICHARD CLARK filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT)
November 3, 2008 92 RESPONSE in Opposition re 73 MOTION to Strike filed by THE CITY OF DURHAM, NORTH CAROLINA. Replies due by 11/21/2008. (GILLESPIE, REGINALD)
November 3, 2008 91 RESPONSE in Opposition re 73 MOTION to Strike filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Replies due by 11/21/2008. (GORELICK, JAMIE)
October 24, 2008 90 RESPONSE to Plaintiffs' "Request" For Leave to Conduct 26(f) Discovery Conference by DNA SECURITY, INC., RICHARD CLARK. Replies due by 11/10/2008. (KING, ROBERT)
October 24, 2008 89 CERTIFICATE OF SERVICE by THE CITY OF DURHAM, NORTH CAROLINA re 87 Affidavit of Darwin Laws and Exhibits 1, 2, and 3. (GILLESPIE, REGINALD)
October 22, 2008 88 BRIEF re 87 Affidavit, 86 MOTION for Partial Summary Judgment (Governmental Immunity) by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)
October 22, 2008 87 AFFIDAVIT of Darwin Laws re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(GILLESPIE, REGINALD)
October 22, 2008 86 MOTION for Partial Summary Judgment (Governmental Immunity) by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 11/24/2008. (GILLESPIE, REGINALD)
October 17, 2008 85 NOTICE of Change of Address by ERIC P. STEVENS. (STEVENS, ERIC)
October 17, 2008 84 NOTICE of Change of Address by EDWIN M. SPEAS, JR. (SPEAS, EDWIN)
October 11, 2008 83 RESPONSE in Opposition re 44 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 82 RESPONSE in Opposition re 41 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 81 RESPONSE in Opposition re 53 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 80 RESPONSE in Opposition 51 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 79 RESPONSE in Opposition re 59 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 78 RESPONSE in Opposition re 55 MOTION to Dismiss, 57 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 77 RESPONSE in Opposition re 61 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 76 RESPONSE in Opposition re 47 MOTION to Dismiss by Duke SANE Defendants filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 75 RESPONSE in Opposition re 45 MOTION to Dismiss by Duke University Defendants filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 74 RESPONSE in Opposition re 49 MOTION to Dismiss by Duke Police Defendants filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT)
October 10, 2008 73 MOTION to Strike 48 Memorandum, 47 MOTION to Dismiss by Duke SANE Defendants, 61 MOTION to Dismiss, 46 Memorandum, 50 Memorandum, 49 MOTION to Dismiss by Duke Police Defendants, 45 MOTION to Dismiss by Duke University Defendants OR EXCLUDE FROM CONSIDERATION ELEMENTS OF THE DEFENDANTS 12(b)(6) MOTIONS by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 11/3/2008. (Attachments: # 1 Supporting Brief)(EKSTRAND, ROBERT)
October 7, 2008 72 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 10/07/08, that Plaintiffs' Motion for Leave to File Plaintiffs' Opposition Briefs [Document # 71 ] is GRANTED, and Plaintiffs must re-file their Responses as separate documents on or before Friday, October 10, 2008. As a result of this determination, Plaintiffs' Motion for Extension of Time [Document # 66 ] is MOOT. FURTHER that the Consent Motion for Extension of Time to File Replies [Document # 69 ] is GRANTED, and the deadline for filing Reply Briefs for all Defendants is extended to November 26, 2008. Responses due by 10/10/2008. Replies due by 11/26/2008. (Law, Trina)
October 7, 2008 ***Motions Submitted: 71 MOTION for Leave to File Opposition Briefs, 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
October 6, 2008 ***Motions Submitted: 69 Consent MOTION for Extension of Time to File Response/Reply as to 38 Order on Joint Motion Rule 12 Briefing Schedule to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
October 6, 2008 71 MOTION for Leave to File Opposition Briefs by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 10/29/2008. (Attachments: # 1 Brief in Support of Motion, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(EKSTRAND, ROBERT)
October 3, 2008 70 RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Replies due by 10/23/2008. (GORELICK, JAMIE)
October 3, 2008 69 Consent MOTION for Extension of Time to File Response/Reply as to 38 Order on Joint Motion, Rule 12 Briefing Schedule by PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. Responses due by 10/6/2008. (Attachments: # 1 Text of Proposed Order)(KERNER, PATRICIA)
October 2, 2008 68 RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum filed by LINWOOD WILSON. Replies due by 10/20/2008. (WILSON, LINWOOD)
October 2, 2008 67 RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum filed by THE CITY OF DURHAM, NORTH CAROLINA, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RICHARD D. CLAYTON. Replies due by 10/20/2008. (GILLESPIE, REGINALD)
October 1, 2008 66 MOTION for Extension of Time to File Response to Rule 12 Motions by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 11/10/2008. (Attachments: # 1 Text of Proposed Order)(EKSTRAND, ROBERT)
September 10, 2008 65 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/10/08, that Defendant Linwood Wilson's Motion [Document # 63 ] is GRANTED, and after Defendant Wilson completes the training required by the Clerk's Office, Defendant Wilson may register as a Filing User in the Court's Electronic Case Filing System with respect solely to the present action. (Law, Trina)
September 3, 2008 ***Motions Submitted: 63 MOTION to Allow Defendant Linwood Wilson to Use the CM/ECF System to File Documents Electronically to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
August 12, 2008 64 NOTICE of Change of Address by JAMES DONALD COWAN, JR. (COWAN, JAMES)
July 29, 2008 63 MOTION to Allow Defendant Linwood Wilson to Use the CM/ECF System to File Documents Electronically; filed by LINWOOD WILSON. Responses due by 8/21/2008. (Lee, Lisa) (Additional attachment(s) added on 8/1/2008: # 1 Main Document) (Lee, Lisa).
July 2, 2008 62 Defendant City of Durham, North Carolina's BRIEF re 61 MOTION to Dismiss Second Amended Complaint. (GILLESPIE, REGINALD)
July 2, 2008 61 MOTION to Dismiss by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 9/30/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(GILLESPIE, REGINALD)
July 2, 2008 60 MEMORANDUM re 59 MOTION to Dismiss filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT)
July 2, 2008 59 MOTION to Dismiss by DNA SECURITY, INC., RICHARD CLARK. Responses due by 7/25/2008. (KING, ROBERT) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 58 MEMORANDUM re 57 MOTION to Dismiss filed by RONALD HODGE. (KERNER, PATRICIA)
July 2, 2008 57 MOTION to Dismiss by RONALD HODGE. Responses due by 9/30/2008. (KERNER, PATRICIA) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 56 MEMORANDUM re 55 MOTION to Dismiss filed by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. (KERNER, PATRICIA)
July 2, 2008 55 MOTION to Dismiss by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. Responses due by 9/30/2008. (KERNER, PATRICIA) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 54 MEMORANDUM re 53 MOTION to Dismiss filed by MARK D. GOTTLIEB. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(SPEAS, EDWIN)
July 2, 2008 53 MOTION to Dismiss by MARK D. GOTTLIEB. Responses due by 7/25/2008. (SPEAS, EDWIN) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 52 Defendant Benjamin W. Himan's BRIEF in Support of Motion to Dismiss. (Attachments: # 1 Exhibit 1)(CRAIG, JOEL)
July 2, 2008 51 MOTION to Dismiss by BENJAMIN W. HIMAN. Responses due by 7/25/2008. (CRAIG, JOEL) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 50 MEMORANDUM re 49 MOTION to Dismiss by Duke Police Defendants filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, DUKE UNIVERSITY POLICE DEPARTMENT, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (Attachments: # 1 Exhibit 1)(GORELICK, JAMIE)
July 2, 2008 49 MOTION to Dismiss by Duke Police Defendants by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, DUKE UNIVERSITY POLICE DEPARTMENT, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Responses due by 9/30/2008. (GORELICK, JAMIE) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 48 MEMORANDUM re 47 MOTION to Dismiss by Duke SANE Defendants filed by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(GORELICK, JAMIE)
July 2, 2008 47 MOTION to Dismiss by Duke SANE Defendants by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. Responses due by 9/30/2008. (GORELICK, JAMIE) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 46 MEMORANDUM re 45 MOTION to Dismiss by Duke University Defendants filed by ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, AARON GRAVES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(GORELICK, JAMIE)
July 2, 2008 45 MOTION to Dismiss by Duke University Defendants by ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, AARON GRAVES. Responses due by 9/30/2008. (GORELICK, JAMIE) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 44 MEMORANDUM of Law in Support of Motion to Dismiss and MOTION to Dismiss by LINWOOD WILSON. Responses due by 7/25/2008. (Law, Trina) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 43 MEMORANDUM re 41 MOTION to Dismiss filed by JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON. (MAXWELL, JAMES)
July 2, 2008 42 Joinder in BRIEF re 40 MOTION to Dismiss filed by BRIAN MEEHAN, PHD. (ROBERTS, JAMES)
July 2, 2008 41 MOTION to Dismiss by JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON. Responses due by 7/25/2008. (MAXWELL, JAMES) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
July 2, 2008 40 MOTION to Dismiss by BRIAN MEEHAN, PHD. Responses due by 9/30/2008. (ROBERTS, JAMES) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina).
May 1, 2008 Set Scheduling Order Deadline: Motions or Answers due by 7/2/2008. (Law, Trina)
April 30, 2008 38 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 04/30/08, granting 37 Joint Motion, that the Motion to reestablish deadlines in the Rule 12 briefing schedule entered on March 25, 2008, is GRANTED; The following briefing schedule shall apply to the Rule 12 Motions, Responses and Replies in this matter: Motions or Answers Due: July 2, 2008; Responses Due: no later than 90 days after the date all Defendants' Motions or Answers are filed; and Replies Due: no later than 30 days after the date Plaintiffs' Responses are filed. The Duke University Police Department and the individual Duke Police officers named as defendants in the Complaint shall be recognized as a separate Defendant-group (the "Duke Police Defendants") for purposes of the Rule 12 motion briefing and, along with the other Defendant-groups delineated in the Order dated March 25, 2008, shall have up to and including 50 pages to brief its motion to dismiss and up to and including 25 pages to brief its reply memorandum. The page limits otherwise established in the Court's ORDER entered on March 25, 2008 are retained and continue to apply to the Rule 12 briefing in this matter. (Law, Trina)
April 30, 2008 ***Motions Submitted: 37 JOINT MOTION to Reestablish Deadlines in the Rule 12 Briefing Schedule to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
April 25, 2008 37 JOINT MOTION to Reestablish Deadlines in the Rule 12 Briefing Schedule by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, RYAN MCFADYEN, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, PATRICK BAKER, MATTHEW WILSON, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, BRECK ARCHER, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Responses due by 5/19/2008. (Attachments: # 1 Text of Proposed Order)(COWAN, JAMES)
April 23, 2008 Featured Case ORDER granting 35 Motion for Extension of Time to Answer filed by LINWOOD WILSON. Answer must be filed no later than June 13, 2008. Signed by MAG/JUDGE WALLACE W. DIXON on 4/23/2008. (DIXON, WALLACE)
April 23, 2008 ***Motions Referred: 35 MOTION for Extension of Time to File Answer to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita)
April 22, 2008 36 NOTICE of Appearance by attorney HENRY W. SAPPENFIELD on behalf of Defendant BENJAMIN W. HIMAN. (SAPPENFIELD, HENRY)
April 22, 2008 35 MOTION for Extension of Time to File Answer by LINWOOD WILSON. (Law, Trina)
April 18, 2008 34 Second AMENDED COMPLAINT against defendant WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER, filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: # 1 Exhibit Video of Brodhead- March 28, 2006, # 2 Exhibit 2003 Agreement, # 3 Exhibit Police Jurisdiction Allocation Agreement, # 4 Exhibit Audio of Duke Police Officer's Public Speech About Duke Police Department's Jurisdictional Reach, # 5 Exhibit 203 Watts Search Warrant, # 6 Exhibit Gottlieb's Email to PAC2 and Trinity Park Listservs About 203 Watts, # 7 Exhibit Deed, # 8 Exhibit Video of Nifong at Bar Hearing- "to make everybody leave that scene very quickly", # 9 Exhibit Audio of 2nd 911 Call from Kroger, # 10 Exhibit Audio of Dispatch Communications- "She's just passed out drunk", # 11 Exhibit Audio of Kroger Security Guard Angel Altmon- "Ain't no way", # 12 Exhibit Video of Nifong at Bar Hearing- "feel a sense of duty to come forward", # 13 Exhibit Addison's Flyer Distributed During Canvasses, # 14 Exhibit "Wanted" Poster Distributed at Vigil, # 15 Exhibit Video of "Potbanger Protest", # 16 Exhibit Video of Nifong on MSNBC Talking About DNA Evidence, # 17 Exhibit Video of Brodhead Talking About McFadyen on April 5, 2006, # 18 Exhibit Video of Defense Press Conference Announcing DNA Results on April 10, 2006, # 19 Exhibit Counsel's Demand Letter, # 20 Exhibit Video of Nifong Talking About DNA Results on April 10, 2006, # 21 Exhibit Video of Nifong on MSNBC Talking About the Medical Evidence, # 22 Exhibit Video of Nifong on CBS Talking About the Medical Evidence, # 23 Exhibit Video of NCCU Forum, # 24 Exhibit Motion and Order for Sealed Indictments, # 25 Exhibit Video of Nifong at Election Forum, # 26 Exhibit Video of Brodhead Talking About the Formation of the Ad Hoc Committee and Other Moves on April 5, 2006, # 27 Exhibit Poster Promoting Farred's Lecture, # 28 Exhibit Video of Nifong at Motion to Quash Hearing)(EKSTRAND, ROBERT)
April 17, 2008 33 First AMENDED COMPLAINT against defendant WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER, filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER.(EKSTRAND, ROBERT) Modified on 4/18/2008 to replace missing pages. (McClain, Abby).
April 16, 2008 32 Declaration of Proof of Service served on Linwood Wilson on April 3, 2008, filed by RYAN MCFADYEN. (Attachments: # 1 Exhibit - Return of Service)(EKSTRAND, ROBERT)
April 15, 2008 31 NOTICE of Appearance by attorney THOMAS CARLTON YOUNGER, III on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (YOUNGER, THOMAS)
April 15, 2008 30 NOTICE of Appearance by attorney SHIRLEY MARING PRUITT on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (PRUITT, SHIRLEY)
March 25, 2008 Set Deadlines: Dispositive Motions due by 4/25/2008. Responses due by 7/25/2008. Replies due by 8/25/2008. (Law, Trina)
March 25, 2008 Set Deadline: Answer due by 4/25/2008. (Law, Trina)
March 25, 2008 29 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 03/25/08, granting 23 Motion to Exceed Page Limit, that the Joint Motion is GRANTED to the extent set out herein; Each of the Defendants or Defendant-groups enumerated below, as defined in the Joint Motion, shall have up to and including 50 pages to brief their respective motions to dismiss ("Motions"), and up to and including 25 pages to brief their respective reply memoranda ("Replies"): Duke University Defendants; Duke SANE Defendants; The City of Durham, NC; Durham Police Supervising Defendants; Durham Police Defendants; Edward Sarvis; Ronald Hodge; Mark Gottlieb; Benjamin W. Himan; DNA Security, Inc. and Richard Clark; and Brian Meehan. Defendants or Defendant-groups may elect to file their Motions or Replies jointly, but may not aggregate the page limits applicable to their respective Motions and Replies. Plaintiffs may file a response brief ("Response") in response to each Motion that is filed, and shall have up to and including 50 pages to brief each Response. Plaintiffs may elect to address multiple Motions in a given Response, but may not aggregate the page limits applicable to Responses. The following briefing schedule shall apply to the Motions, Responses and Replies in this matter: Motions/Answers due: April 25, 2008; Responses due: 90 days after filing of Motions; and Replies due: 30 days after filing of Responses. (Law, Trina)
March 19, 2008 ***Motions Submitted: 23 Joint MOTION to Exceed Page Limit and to Establish a Rule 12 Briefing Schedule to CHIEF JUDGE JAMES A. BEATY, JR- (Winchester, Robin)
March 11, 2008 28 NOTICE by RYAN MCFADYEN of Filing of Waiver of Service of Summons (Attachments: # 1 Exhibit Waiver of Service of Summons)(EKSTRAND, ROBERT)
March 11, 2008 27 NOTICE of Appearance by attorney HANNAH GRAY STYRON on behalf of Defendants PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS (STYRON, HANNAH)
March 11, 2008 26 NOTICE of Appearance by attorney D. MARTIN WARF on behalf of Defendants PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS (WARF, D.)
March 6, 2008 25 NOTICE of Appearance by attorney JENNIFER M. O'CONNOR on behalf of Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER (O'CONNOR, JENNIFER)
March 4, 2008 24 NOTICE of Appearance by attorney PATRICIA P. KERNER on behalf of Defendants PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS (KERNER, PATRICIA)
March 3, 2008 23 Joint MOTION to Exceed Page Limit and to Establish a Rule 12 Briefing Schedule by RYAN MCFADYEN. Responses due by 3/26/2008. (Attachments: # 1 Text of Proposed Order)(EKSTRAND, ROBERT)
February 29, 2008 22 NOTICE of Appearance by attorney JENNIFER M. O'CONNOR on behalf of Defendant DUKE UNIVERSITY. (O'CONNOR, JENNIFER)
February 29, 2008 21 NOTICE of Appearance by attorney PAUL R.Q. WOLFSON on behalf of Defendant DUKE UNIVERSITY. (WOLFSON, PAUL)
February 29, 2008 20 NOTICE of Appearance by attorney JAMIE S. GORELICK on behalf of Defendant DUKE UNIVERSITY. (GORELICK, JAMIE)
February 29, 2008 19 NOTICE of Appearance by attorney WILLIAM F. LEE on behalf of Defendant DUKE UNIVERSITY. (LEE, WILLIAM)
February 27, 2008 18 NOTICE of Appearance by attorney KEARNS DAVIS on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK. (DAVIS, KEARNS)
February 26, 2008 17 NOTICE by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. of Appearance as to Shirley M. Pruitt. (MCLAMB, DAN)
February 26, 2008 16 NOTICE of Appearance by attorney DAN JOHNSON MCLAMB on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (MCLAMB, DAN)
February 26, 2008 15 NOTICE of Appearance by attorney ROBERT JAMES KING, III on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (KING, ROBERT)
February 22, 2008 Set Deadline: Answer due by 4/14/2008 as to RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Law, Trina) Modified on 3/13/2008 to edit text (Law, Trina).
February 22, 2008 14 NOTICE of Filing of Waivers of Service of Summons by RYAN MCFADYEN , MATTHEW WILSON, and BRECK ARCHER (Attachments: # 1 Exhibit, # 2 Exhibit)(EKSTRAND, ROBERT) Modified on 2/25/2008 to edit document title within docket entry (Law, Trina).
February 14, 2008 13 NOTICE of Appearance by attorney REGINALD B. GILLESPIE, JR on behalf of Defendants THE CITY OF DURHAM, NORTH CAROLINA, EDWARD SARVIS (GILLESPIE, REGINALD)
February 14, 2008 12 NOTICE of Appearance by attorney ERIC P. STEVENS on behalf of Defendant MARK D. GOTTLIEB (STEVENS, ERIC)
February 14, 2008 11 NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK D. GOTTLIEB (SPEAS, EDWIN)
February 6, 2008 NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) as to DIXIE WELLS re 10 Notice of Special Appearance. Out of state counsel filed electronic signature. Please refile document with original signature as to Jamie Gorelick. (Law, Trina)
February 4, 2008 10 NOTICE by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER of Special Appearance of Jamie Gorelick. (WELLS, DIXIE)
February 4, 2008 9 NOTICE of Appearance by attorney DIXIE THOMAS WELLS on behalf of Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (WELLS, DIXIE)
February 4, 2008 8 NOTICE of Appearance by attorney JAMES DONALD COWAN, JR on behalf of Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (COWAN, JAMES)
January 16, 2008 7 NOTICE of Appearance by attorney JOEL MILLER CRAIG on behalf of Defendant BENJAMIN W. HIMAN (CRAIG, JOEL)
January 9, 2008 Case Reassigned to CHIEF JUDGE JAMES A. BEATY, JR. and MAG/JUDGE WALLACE W. DIXON. UNASSIGNED, MAG/JUDGE RUSSELL A. ELIASON no longer assigned to the case. (Powell, Gloria)
January 9, 2008 Case no longer referred to Standing Order 30 (Powell, Gloria)
January 9, 2008 6 NOTICE of Appearance by attorney JAMES B. MAXWELL on behalf of Defendants JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON (MAXWELL, JAMES)
December 18, 2007 CASE REFERRED to Standing Order 30 (McClain, Abby)
December 18, 2007 CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (McClain, Abby)
December 18, 2007 5 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby)
December 18, 2007 4 Summons Issued as to WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PETER LANGE, TALLMAN TRASK, III, JOHN BURNESS, LARRY MONETA, DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BEN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (Attachments: # 1 Additional summons)(McClain, Abby)
December 18, 2007 3 Additional Attachments to Main Document re 1 Complaint (EKSTRAND, ROBERT)
December 18, 2007 2 Additional Attachments to Main Document re 1 Complaint (EKSTRAND, ROBERT)
December 18, 2007 1 COMPLAINT against all defendants, filed by RYAN MCFADYEN. $350.00 Filing Fee (EKSTRAND, ROBERT) Modified on 12/18/2007 to correct case number on complaint. (McClain, Abby).

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Search for this case: MCFADYEN et al v. DUKE UNIVERSITY et al
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Plaintiff: RYAN MCFADYEN
Represented By: ROBERT C. EKSTRAND
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Plaintiff: MATTHEW WILSON
Represented By: ROBERT C. EKSTRAND
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Plaintiff: BRECK ARCHER
Represented By: ROBERT C. EKSTRAND
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Defendant: DUKE UNIVERSITY
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Defendant: DUKE UNIVERSITY POLICE DEPARTMENT
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Defendant: AARON GRAVES
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Defendant: ROBERT DEAN
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Defendant: LEILA HUMPHRIES
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Defendant: PHYLLIS COOPER
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Defendant: WILLIAM F. GARBER, II
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Defendant: JAMES SCHWAB
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Defendant: JOSEPH FLEMING
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Defendant: JEFFREY O. BEST
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Defendant: GARY N. SMITH
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Defendant: GREG STOTSENBERG
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Defendant: ROBERT K. STEEL
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Defendant: RICHARD H. BRODHEAD
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Defendant: PETER LANGE
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Defendant: TALLMAN TRASK, III
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Defendant: JOHN BURNESS
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Defendant: LARRY MONETA
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Defendant: DUKE UNIVERSITY HEALTH SYSTEMS, INC.
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Defendant: PRIVATE DIAGNOSTIC CLINIC, PLLC
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Defendant: JULIE MANLY, M.D.
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Defendant: THERESA ARICO, R.N.
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Defendant: TARA LEVICY, R.N.
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Defendant: THE CITY OF DURHAM, NORTH CAROLINA
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Defendant: MICHAEL B. NIFONG
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Defendant: PATRICK BAKER
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Defendant: STEVEN CHALMERS
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Defendant: RONALD HODGE
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Defendant: LEE RUSS
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Defendant: STEPHEN MIHAICH
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Defendant: BEVERLY COUNCIL
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Defendant: EDWARD SARVIS
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Defendant: JEFF LAMB
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Defendant: MICHAEL RIPBERGER
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Defendant: LAIRD EVANS
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Defendant: JAMES T. SOUKUP
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Defendant: KAMMIE MICHAEL
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Defendant: DAVID W. ADDISON
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Defendant: MARK D. GOTTLIEB
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Defendant: BENJAMIN W. HIMAN
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Defendant: LINWOOD WILSON
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Defendant: RICHARD D. CLAYTON
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Defendant: DNA SECURITY, INC.
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Defendant: RICHARD CLARK
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Defendant: BRIAN MEEHAN, PHD
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Defendant: VICTOR J. DZAU, M.D.
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Defendant: ALLISON HALTON
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Defendant: KEMEL DAWKINS
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Defendant: SUZANNE WASIOLEK
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Defendant: STEPHEN BRYAN
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Defendant: MATTHEW DRUMMOND
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