BURROUGHS et al v. THE COUNTY OF ROCKINGHAM et al
| C. B., D. B. and REBEKAH BURROUGHS |
| THE COUNTY OF ROCKINGHAM, FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, TRAVELERS INSURANCE COMPANY and LIBERTY MUTUAL INSURANCE CO. |
| 1:2017cv00463 |
| May 19, 2017 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Rockingham |
| JOE L WEBSTER |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Both |
Docket Report
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This docket was last retrieved on January 9, 2020. A more recent docket listing may be available from PACER.
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Filing 90
ORDER APPROVING SETTLEMENT AND ORDER OF DISMISSAL signed by MAG/JUDGE JOE L. WEBSTER on 01/09/2020 as set out herein.(Taylor, Abby)
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Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER in Durham: Motion Hearing held on 1/9/2020 re #89 Joint MOTION to Approve Settlement and for Dismissal filed by SAMUEL S. PAGE, LIBERTY MUTUAL INSURANCE CO. For reasons stated on the record at the hearing held this day, the Joint Motion to Approve Settlement and for Dismissal is hereby GRANTED. (Attorney(s) John Edwards, Catharine Edwards, and Mark Bibbs appeared on behalf of plaintiffs; Guardian Ad Litem, Donald R. Vaughan appeared on behalf of plaintiff D.B.; Guardian Ad Litem, Morgan Davis appeared on behalf of plaintiff C.B.; Attorney(s) H. Lee Davis, Jr. and Ann Rowe appeared on behalf of defendants; Court Reporter Jane Calhoun) (Kemp, Donita)
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Motions Referred: RE: #89 Joint MOTION to Approve Settlement and for Dismissal to MAG/JUDGE JOE L. WEBSTER. (Kemp, Donita)
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ORAL ORDER by MAG/JUDGE JOE L. WEBSTER on 1/9/2020 granting #89 Motion to Approve Settlement and for Dismissal.(Kemp, Donita)
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TEXT ORDER: The parties shall have until Monday, January 6, 2020 to submit a joint proposed order approving the settlement, and additional supporting documents as required by Local Rule 17.1, including the Affidavit of Laura Harper; Affidavit of Donald Vaughan; Affidavit of Morgan Davis and Affidavit of Rebekah Burroughs. Pursuant to Local Rule 17.1(c)(5) and to satisfy the requirements of Local Rule 17.1(c)(4), in order for the undersigned to have time to review and consider such documents prior to the hearing, the parties shall submit supporting evidence in the form of sworn testimony of witnesses, affidavits or other documentary evidence. The parties shall also submit supporting evidence for consideration of counsel and service fees set forth in Local Rule 17.1(d). Issued by MAG/JUDGE JOE L. WEBSTER on 1/2/2020. (Lee, Pedra)
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Filing 89
Joint MOTION to Approve Settlement and for Dismissal by LIBERTY MUTUAL INSURANCE CO., SAMUEL S. PAGE. (ROWE, ANN)
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Filing 88
STIPULATION of Dismissal of Defendant Frank L. Martin without prejudice by REBEKAH BURROUGHS. (EDWARDS, CATHARINE)
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Filing 87
NOTICE of Hearing: Hearing for Approval of Settlement set for 1/9/2020 11:00 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
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Filing 86
ORDER signed by JUDGE LORETTA C. BIGGS on 12/11/2019; that the telephonic Pretrial Conference scheduled to be held on December 11, 2019 is cancelled. FURTHER that the pretrial deadlines are suspended, and the case shall be removed from the January 6, 2020 Master Trial Calendar. (Sheets, Jamie)
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Filing 85
ORDER of Reference to a United States Magistrate Judge , signed by JUDGE LORETTA C. BIGGS on 12/11/2019, that the above-entitled case is referred co United States Magistrate Judge Joe L. Webster to conduct all proceedings including a jury or nonjury trial, to order the entry of judgment, and to conduct all post-judgment proceedings therein. (Attachments: #1 Attached Consent)(Butler, Carol)
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Filing 84
NOTICE of Cancellation. The Telephonic Pretrial Conference scheduled for 12/11/2019 at 2:00 p.m. and Jury Trial scheduled for January 6, 2020 at 9:30 a.m. in Winston-Salem is hereby cancelled. (Blay, Debbie)
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Filing 83
STATUS REPORT (Joint) by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, SAMUEL S. PAGE. (ROWE, ANN)
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MAG/JUDGE JOE L. WEBSTER no longer assigned to case as referral judge. (Powell, Gloria)
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Case Reassigned to MAG/JUDGE JOE L. WEBSTER. JUDGE LORETTA C. BIGGS no longer assigned to the case. (Powell, Gloria)
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Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Telephone Conference held on 12/10/2019. Attorney John R. Edwards present for Plaintiffs. Attorney Harry Lee Davis, Jr. present for Defendants. The parties informed the Court that the case has been settled. The parties also discussed the possibility of the United States Magistrate Judge handling the remainder of the action, specifically approval of the settlement agreement. The undersigned informed the parties that the United States District Judge would need to approve any consent order regarding the remainder of this action. (Garrett, Kim)
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Case Reported Settled by all parties. Stipulation of Dismissal due by 1/10/2020. (Garrett, Kim)
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Filing 82
FINAL PRETRIAL DISCLOSURES DESIGNATION OF DEPOSITION TESTIMONY by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, SAMUEL S. PAGE.(ROWE, ANN) Modified on 12/9/2019 to edit title. (Sheets, Jamie)
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Filing 81
FINAL PRETRIAL DISCLOSURES EXHIBIT LIST by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, SAMUEL S. PAGE. (Attachments: #1 Exhibit Ex. A - List of Exhibits)(ROWE, ANN) Modified on 12/9/2019 to edit title. (Sheets, Jamie)
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Filing 80
Witness List by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, SAMUEL S. PAGE.(ROWE, ANN)
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Filing 79
FINAL PRETRIAL DISCLOSURES by REBEKAH BURROUGHS.(EDWARDS, CATHARINE)
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TEXT Notice of Hearing: (Telephonic) Pretrial Conference set for 12/11/2019 at 02:00 PM before JUDGE LORETTA C. BIGGS. Call-in instructions will be given verbally by the case manager.(Blay, Debbie)
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Filing 78
NOTICE of Appearance by attorney JILLIANN L. TATE on behalf of Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, SAMUEL S. PAGE (Garrett, Kim)
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Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Settlement Conference held on 12/5/2019. Attorneys John Edwards, Mark Bibbs and Catharine Edwards present for Plaintiff and Attorneys Ann Rowe and Jilliann Tate present for Defendant. No settlement reached. (Garrett, Kim)
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Filing 77
NOTICE of Unavailability of counsel JOHN R. EDWARDS for Plaintiff REBEKAH BURROUGHS from 12/17/2019 to 12/27/2019 (EDWARDS, JOHN)
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Filing 76
NOTICE of Unavailability of counsel CATHARINE E. EDWARDS for Plaintiff REBEKAH BURROUGHS from 12/12/2019 to 12/24/2019 (EDWARDS, CATHARINE)
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Filing 75
ORDER signed by JUDGE LORETTA C. BIGGS on 11/25/2019; that Plaintiffs' motion for reconsideration is DENIED. (Sheets, Jamie)
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Filing 74
NOTICE of Hearing: Settlement Conference set for 12/5/2019 at 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. Each party is directed to prepare for the Court a document not exceeding three typewritten pages which sets out: (1) the perceived strength of that party's claims and/or defenses and (2) the perceived shortcomings of the opposing party's claims and/or defenses. That document shall be served on the opposing party and emailed to jwebster@ncmd.uscourts.gov for Judge Websters review no later than Monday, November 27, 2019.Counsel are directed to bring their clients and a representative from the corporation(s) to the pretrial conference.(Blay, Debbie)
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Filing 73
BRIEF re #72 MOTION for Reconsideration re #70 Memorandum Opinion and Order,,, Motion for Reconsideration and/or Clarification on Limited Issue . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Affidavit of Rebekah Burroughs)(EDWARDS, CATHARINE)
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Filing 72
MOTION for Reconsideration re #70 Memorandum Opinion and Order,,, Motion for Reconsideration and/or Clarification on Limited Issue by REBEKAH BURROUGHS. Response to Motion due by 12/3/2019 (Attachments: #1 Text of Proposed Order)(EDWARDS, CATHARINE)
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Filing 71
NOTICE of Trial Calendar Jury Trial set for 1/6/2020 09:30 AM in Winston-Salem Courtroom #1 before JUDGE LORETTA C. BIGGS. (Williamson, Wanda) . Modified on 11/12/2019 to include the name of the Magistrate Judge presiding (Williamson, Wanda).
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Filing 70
MEMORANDUM OPINION AND ORDER, signed by JUDGE LORETTA C. BIGGS on 10/28/2019. ORDERED that Defendants' Motion for Summary Judgment, (ECF No. #42 ), is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to all claims with respect to Officer Myers; as to Plaintiffs' Fourteenth Amendment and Negligent Infliction of Emotional Distress claims with respect to all other Defendants; and as to Plaintiffs' Fourth Amendment claim with respect to Officer Martin, but only as it pertains to the decision to initiate an arrest. The Motion is expressly DENIED as it pertains to Plaintiffs' Fourth Amendment claim of Officer Martin's use of excessive force; and, further, as to Plaintiff's Wrongful Death claim with respect to Officer Martin, individually, and, by way of the official capacity suit against him and the Sheriff's Bond, Sheriff Page and Liberty Mutual Insurance Company. (Butler, Carol)
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Filing 69
MEMORANDUM OPINION AND ORDER, signed by JUDGE LORETTA C. BIGGS on 10/28/2019 that Plaintiffs' First Motion to Seal, (ECF No. #48 ), and all accompanying exhibits, (ECF No. #49 , #49 -1, #49 -2, #49 -3, #49 -4, #49 -5, #49 -6), are STRICKEN. FURTHER that Plaintiffs' Second Motion to Seal, (ECF No. #60 ), is GRANTED IN PART AND DENIED IN PART. Plaintiffs' Motion to Seal is GRANTED with respect to the deposition of Chase M. Myers, (ECF No. #61 -2), and the Declaration of Catherine E. Edwards, (ECF No. #61 -8.) Those two documents, (ECF Nos. #61 -2, #61 -8), shall be permanently sealed. Plaintiffs' Second Motion to Seal is DENIED with respect to all other initially sealed exhibits, (ECF Nos. #61 -1, #61 -3, #61 -4, #61 -5, #61 -6, #61 -7), and those documents shall be unsealed. (Butler, Carol)
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Filing 68
NOTICE of Unavailability of counsel JOHN R. EDWARDS for Plaintiffs C. B., D. B., REBEKAH BURROUGHS from 01/07/2020 to 01/07/2020 (EDWARDS, JOHN)
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Filing 67
NOTICE of Rescheduling Hearing: Master Trial Calendar: JANUARY Jury Trial set for 1/6/2020 at 09:30 AM in Unassigned Courtroom. Trial Briefs, etc. deadline set 12/16/2019.(Blay, Debbie)
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Filing 66
NOTICE of Cancellation: Pretrial/Settlement Conference set for 9/24/2019 at 10:00 AM in Winston-Salem, Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER is CANCELLED. (Blay, Debbie)
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Filing 65
NOTICE of Hearing: Settlement Conference set for 9/24/2019 at 10:00 AM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. Position Papers due 9/16/2019 (Engle, Anita) Modified on 8/8/2019 to include position paper deadline. (Engle, Anita)
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Filing 64
NOTICE of Trial Calendar Jury Trial set for 10/7/2019 09:30 AM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. (Williamson, Wanda)
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Motion Submitted: #60 MOTION to Seal Certain Exhibits in Plaintiffs' Second Amended Brief in Response to Defendants' Motion for Summary Judgment, to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Filing 63
RESPONSE filed by Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE re #60 MOTION to Seal Certain Exhibits in Plaintiffs' Second Amended Brief in Response to Defendants' Motion for Summary Judgment by C. B., D. B., REBEKAH BURROUGHS filed by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. Replies due by 8/1/2019. (ROWE, ANN)
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Filing 62
REPLY, filed by Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, to Response to #42 MOTION for Summary Judgment filed by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. (ROWE, ANN)
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Filing 61
SEALED RESPONSE Second Amended Brief in Response to Motion for Summary Judgment (unredacted exhibits) filed by Plaintiffs C. B., D. B., REBEKAH BURROUGHS, Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, THE COUNTY OF ROCKINGHAM, TRAVELERS INSURANCE COMPANY re #42 MOTION for Summary Judgment filed by CHASE M. MYERS, FRANK L. MARTIN, SAMUEL S. PAGE, LIBERTY MUTUAL INSURANCE CO. filed by C. B., D. B., REBEKAH BURROUGHS, LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, THE COUNTY OF ROCKINGHAM, TRAVELERS INSURANCE COMPANY. Replies due by 7/22/2019 (Attachments: #1 Exhibit 1 (unredacted), #2 Exhibit 2 (unredacted), #3 Exhibit 3 (unredacted), #4 Exhibit 4 (unredacted), #5 Exhibit 5 (unredacted), #6 Exhibit 6, #7 Exhibit 7 (unredacted), #8 Declaration of Catharine E. Edwards and Exhibits Thereto (unredacted))(EDWARDS, CATHARINE)
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Filing 60
MOTION to Seal Certain Exhibits in Plaintiffs' Second Amended Brief in Response to Defendants' Motion for Summary Judgment [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by C. B., D. B., REBEKAH BURROUGHS. Response to Motion due by 7/29/2019 (Attachments: #1 Text of Proposed Order)(EDWARDS, CATHARINE)
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Filing 59
RESPONSE in Opposition re #42 MOTION for Summary Judgment filed by CHASE M. MYERS, FRANK L. MARTIN, SAMUEL S. PAGE, LIBERTY MUTUAL INSURANCE CO. SECOND AMENDED BRIEF IN RESPONSE TO MOTION FOR SUMMARY JUDGMENT filed by C. B., D. B., REBEKAH BURROUGHS. Replies due by 7/22/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit Declaration of Catharine E. Edwards and Exhibits Thereto)(EDWARDS, CATHARINE)
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Filing 58
ORDER signed by JUDGE LORETTA C. BIGGS on 6/27/2019; that Plaintiffs' Amended Brief in Response to Defendants' Motion for Summary Judgment, (ECF No. #51 ), and Plaintiffs' Statement of Material Facts, (ECF No. #47 -1), are hereby STRICKEN. FURTHER that Plaintiffs shall file a second amended brief in opposition to Defendants' Motion for Summary Judgment, (ECF No. #42 ), which comports with this Court's Local Rules, no later than July 8, 2019. (Sheets, Jamie)
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Reset Motion Response Deadline re #42 MOTION for Summary Judgment: Second Amended Response due by 7/8/2019. (Sheets, Jamie)
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Filing 57
FILED IN ERROR see #56 NOTICE of Trial Calendar Jury Trial set for 4/1/2019 09:30 AM in Winston-Salem Courtroom #1 before JUDGE LORETTA C. BIGGS. (Winchester, Robin) Modified on 2/7/2019, notice filed in error (Winchester, Robin).
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Filing 56
NOTICE of Rescheduling Hearing: Master Trial Calendar reset from APRIL 2019 to: OCTOBER 2019. Jury Trial set for 10/7/2019 at 09:30 AM in Unassigned Courtroom. Trial Briefs, etc. deadline due 9/16/2019. (Blay, Debbie)
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Filing 55
REPLY, filed by Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, to Response to #42 MOTION for Summary Judgment and to #54 "Plaintiffs' Opposition to Motion to Strike" filed by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. (ROWE, ANN)
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Filing 54
RESPONSE in Opposition re #52 Reply to Response to Motion, filed by CHASE M. MYERS, FRANK L. MARTIN, SAMUEL S. PAGE, LIBERTY MUTUAL INSURANCE CO. Opposition to Motion to Strike Contained in Defendant's Reply in Support of Motion for Summary Judgment filed by C. B., D. B., REBEKAH BURROUGHS. Replies due by 12/26/2018 (EDWARDS, CATHARINE)
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Motions Submitted: #42 MOTION for Summary Judgment , #48 MOTION to Seal Certain Exhibits to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Filing 53
RESPONSE filed by Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE re #49 SEALED Response to Motion,,, filed by C. B., D. B., REBEKAH BURROUGHS, #48 MOTION to Seal Certain Exhibits to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] filed by C. B., D. B., REBEKAH BURROUGHS filed by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. Replies due by 12/26/2018. (ROWE, ANN)
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Filing 52
REPLY, filed by Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, to Response to #42 MOTION for Summary Judgment filed by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. (Attachments: #1 Exhibit Ex A - Email Correspondence)(ROWE, ANN)
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TEXT ORDER Denying #40 Motion for Relief from Scheduling Order and To Reopen Discovery for a Limited Purpose. "A schedule may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4); see also L.R. 26.1(d). When considering whether to reopen discovery, relevant factors include: "(1) is the trial imminent; (2) is the request opposed; (3) would the non-moving party be prejudiced; (4) was the moving party diligent during the discovery period; (5) was the request foreseeable based upon the time line set forth by the court; and (6) will the new evidence be relevant to the stated inquiry." H/S Wilson Outparcels, LLC v. Kroger Ltd. P'ship I, No. 5:15-CV-591-RJ, 2018 WL 1528187, at *3 (E.D.N.C. Mar. 28, 2018) (unpublished) (internal quotations and citation omitted). Here, the Court finds that Plaintiffs have failed to show "good cause" for reopening discovery. Plaintiffs did not act diligently during the discovery period to designate their expert witnesses in conformity with the Joint Rule 26(f) Report as extended and approved by the Court. Even if the Court agreed with Plaintiffs that a withdrawal of one counsel and recent addition of co-counsel was understandable and an excuse for a delay in identifying expert witnesses (which it doesn't), Plaintiffs did not expeditiously file a motion to reopen discovery. Not only was Plaintiffs' Motion filed after Court-approved extended deadline of August 24, 2018 to designate its expert witnesses, it was filed after discovery concluded, completion of mediation and two days before the deadline to file motions for summary judgment. Defendants have timely filed their Motion for Summary Judgment, and this case has been placed on the April 1, 2019 trial calendar. Defendants will be prejudiced if the Court granted Plaintiffs' motion at this late date. Additionally, Plaintiffs' request was not foreseeable based upon the time line set forth by the Court. While the expert witness testimony might be relevant to the stated inquiry of the proceedings, the interest of justice and judicial economy outweigh any arguments Plaintiffs argue to support their motion. Finally, the Court itself would be inconvenienced if the Motion is granted, most likely causing a delay in its future rulings, and the filing of pretrial disclosures. In sum, the factors to be considered when determining whether to reopen discovery do not weigh in Plaintiffs' favor. Based upon the foregoing, Plaintiffs' Motion is denied. Issued by by MAG/JUDGE JOE L. WEBSTER on 12/6/2018.(Lee, Pedra) Modified on 12/6/2018 to regenerate NEF (Garrett, Kim).
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Filing 51
***STRICKEN*** AMENDED RESPONSE in Opposition re #47 Response in Opposition to Motion, filed by C. B., D. B., REBEKAH BURROUGHS, #42 MOTION for Summary Judgment filed by CHASE M. MYERS, FRANK L. MARTIN, SAMUEL S. PAGE, LIBERTY MUTUAL INSURANCE CO. AMENDED in Compliance with LR 7.3(d) filed by C. B., D. B., REBEKAH BURROUGHS. Replies due by 12/10/2018 (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 (Redacted), #3 Exhibit 3 (Redacted), #4 Exhibit 4 (Redacted), #5 Exhibit 5 (Redacted), #6 Exhibit 6, #7 Exhibit 7 (Redacted), #8 Declaration of Catharine E. Edwards (Redacted))(EDWARDS, CATHARINE) Modified on 11/28/2018 to edit title. (Sheets, Jamie) Modified on 6/27/2019 to remove from public access per #58 Order. (Sheets, Jamie)
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Filing 50
ORDER signed by JUDGE LORETTA C. BIGGS on 11/27/2018; that the motion (ECF No. #46 ) is DENIED and Plaintiff's brief shall contain no more than 6,250 words. FURTHER that the Defendants reply shall contain no more than 3,125 words. (Sheets, Jamie)
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Filing 49
****STRICKEN*****SEALED Documents to Defendants' Motion for Summary Judgment (Sealed Exhibits) filed by Plaintiffs C. B., D. B., REBEKAH BURROUGHS, Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE re #48 MOTION to Seal Certain Exhibits to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] filed by C. B., D. B., REBEKAH BURROUGHS, (Attachments: #1 Exhibit 2 (unredacted), #2 Exhibit 3 (unredacted), #3 Exhibit 4 (unredacted), #4 Exhibit 5 (unredacted), #5 Exhibit 7 (unredacted), #6 Declaration of Catharine E. Edwards and Exhibits A, B, and C (unredacted))(EDWARDS, CATHARINE) Modified on 11/27/2018 to terminate incorrectly set deadline. (Sheets, Jamie) Modified on 10/30/2019 to reflect Stricken. See #69 Memorandum Opinion and Order.(Butler, Carol)
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Filing 48
****STRICKEN**** MOTION to Seal Certain Exhibits to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by C. B., D. B., REBEKAH BURROUGHS. Response to Motion due by 12/17/2018 (EDWARDS, CATHARINE) Modified on 10/30/2019 to reflect Stricken. See #69 Memorandum Opinion and Order. (Butler, Carol)
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Filing 47
RESPONSE in Opposition re #42 MOTION for Summary Judgment filed by CHASE M. MYERS, FRANK L. MARTIN, SAMUEL S. PAGE, LIBERTY MUTUAL INSURANCE CO. filed by C. B., D. B., REBEKAH BURROUGHS. Replies due by 12/10/2018 (Attachments: #1 ***STRICKEN*** Statement of Material Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Declaration of Catharine E. Edwards and Exhibits A, B and C)(EDWARDS, CATHARINE) Modified on 6/27/2019 to remove attachment 1 from public record per #58 Order. (Sheets, Jamie)
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Motion Referred: RE: #40 MOTION for Relief from Scheduling Order and To Reopen Discovery for a Limited Purpose, to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Motion Submitted: #46 Consent MOTION for Leave to Exceed Word Limitation to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Filing 46
Consent MOTION for Leave to Exceed Word Limitation by C. B., D. B., REBEKAH BURROUGHS. (Attachments: #1 Text of Proposed Order)(EDWARDS, CATHARINE)
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Filing 45
NOTICE of Appearance by attorney CATHARINE E. EDWARDS on behalf of Plaintiffs C. B., D. B., REBEKAH BURROUGHS (EDWARDS, CATHARINE)
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Filing 44
RESPONSE in Opposition re #40 MOTION for Relief from Scheduling Order and To Reopen Discovery for a Limited Purpose filed by C. B., D. B., REBEKAH BURROUGHS filed by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. Replies due by 11/21/2018 (Attachments: #1 Exhibit A - Emails from April 2018, #2 Exhibit B - Email dated 7-30-18, #3 Exhibit C - Unpublished Opinion) (ROWE, ANN) Modified on 11/8/2018 to remove duplicate text. (Sheets, Jamie)
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Filing 43
BRIEF in support of Defendants Motion for Summary Judgment by Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE filed by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. (Attachments: #1 Exhibit 1 - excerpts from depo of Page, #2 Exhibit 2 - excerpts from depo of Martin, #3 Exhibit 3 - excerpts from depo of Myers, #4 Affidavit 4 - Karamessinis Affidavit)(ROWE, ANN)
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Filing 42
MOTION for Summary Judgment by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. Response to Motion due by 11/26/2018 (ROWE, ANN)
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Filing 41
MEMORANDUM filed by Plaintiffs C. B., D. B., REBEKAH BURROUGHS re #40 MOTION for Relief from Scheduling Order and To Reopen Discovery for a Limited Purpose filed by C. B., D. B., REBEKAH BURROUGHS. (EDWARDS, JOHN)
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Filing 40
MOTION for Relief from Scheduling Order and To Reopen Discovery for a Limited Purpose by C. B., D. B., REBEKAH BURROUGHS. Response to Motion due by 11/14/2018 (Attachments: #1 Supplement Memorandum In Support of Motion)(EDWARDS, JOHN)
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Filing 39
NOTICE of Appearance by attorney JOHN R. EDWARDS on behalf of Plaintiffs C. B., D. B., REBEKAH BURROUGHS (EDWARDS, JOHN)
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Filing 38
REPORT of Mediation by Mediator C. FRANK GOLDSMITH, JR. Mediation held 10/18/2018 (Impasse) (GOLDSMITH, FRANK)(Gammon, Cheryl).
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Filing 37
NOTICE of Appearance by attorney SHANNON WARF BEACH on behalf of Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE (BEACH, SHANNON)
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Filing 36
NOTICE of Intent to File Dispositive Motions by Defendants LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE (ROWE, ANN)
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TEXT ORDER granting #35 Motion to Withdraw as Attorney. Attorney STEPHEN LUKE LARGESS terminated as Plaintiffs' counsel. Issued by MAG/JUDGE JOE L. WEBSTER on 8/1/2018. (Lee, Pedra)
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Motion Referred: RE: #35 MOTION to Withdraw as Attorney STEPHEN LUKE LARGESS , to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Filing 35
MOTION to Withdraw as Attorney STEPHEN LUKE LARGESS by on behalf of C. B., D. B., REBEKAH BURROUGHS. (LARGESS, STEPHEN)
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Reset Scheduling Order Deadlines pursuant to 5/4/2018 Text order: Discovery due by 9/21/2018. Dispositive Motions due by 10/26/2018. Mediation due by 10/26/2018. (Sheets, Jamie)
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Motion Referred: RE: #34 Joint MOTION for Extension of Time to Complete Discovery , to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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TEXT ORDER granting #34 Motion for Extension of Time to Complete Discovery as follows: All discovery (including depositions of fact witnesses and expert witnesses) shall be completed on or before September 21, 2018; Plaintiffs shall identify their expert witnesses and provide the expert witness report required by Rule 26(a)(2) on or before July 27, 2018; Defendants shall identify their expert witnesses and provide the expert witness report required by Rule 26(a)(2) on or before August 24, 2018; Mediation shall be completed on or before October 26, 2018; and Dispositive motions shall be filed on or before October 26, 2018. Issued by MAG/JUDGE JOE L. WEBSTER on 5/4/2018. (Lee, Pedra)
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Filing 34
Joint MOTION for Extension of Time to Complete Discovery by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. (Attachments: #1 Text of Proposed Order)(ROWE, ANN)
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Filing 33
CONSENT PROTECTIVE ORDER signed by MAG/JUDGE JOE L. WEBSTER on 4/2/2018 as set out herein. (Sheets, Jamie)
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Motion Referred: RE: #32 Consent MOTION for Protective Order for Confidential Information, to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Filing 32
Consent MOTION for Protective Order for Confidential Information by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. Response to Motion due by 4/13/2018 (Attachments: #1 Text of Proposed Order)(ROWE, ANN)
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Filing 31
NOTICE of Hearing: Master Trial Calendar: APRIL Jury Trial set for 4/1/2019 at 09:30 AM in Unassigned Courtroom. Trial Briefs, etc. deadline set for 3/11/2019. (Blay, Debbie)
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Filing 30
ORDER Appointing C. FRANK GOLDSMITH, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
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MEDIATION SCHEDULING ORDER ; Mediation due by 6/8/2018. (Gammon, Cheryl)
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Filing 29
ORDER APPROVING JOINT RULE 26(f) REPORT signed by MAG/JUDGE JOE L. WEBSTER on 11/7/2017; The Court has reviewed the Joint Rule 26(f) Report (Docket Entry #28 ) submitted by the parties and approves it with the modification to Section 2(a) of the Report: Discovery shall be placed on a case-management track designated in LR26.1(a) as Complex. Discovery due by 6/29/2018. The parties agree to ask Frank Goldsmith to serve as the Mediator in this case. Mediation due by 6/8/2018. Plaintiffs' Amended Pleadings due by 12/8/2017. Defendants' Amended Pleadings due by 1/12/2018. Joinder of Parties for Plaintiff due by 12/8/2017. Joinder of Parties for Defendant due by 1/12/2018. Dispositive Motions due by 7/30/2018. Neither party consents to reference of the case to a Magistrate Judge. Trial of the action is expected to take approximately five (5) eight (8) days. A jury trial has been demanded. (Sheets, Jamie)
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Motions Referred: RE: #28 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Filing 28
Rule 26(f) Report (Joint) filed by all parties by LIBERTY MUTUAL INSURANCE CO., FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE.(ROWE, ANN)
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Filing 27
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 11/15/2017 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
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Filing 26
PROTECTIVE ORDER FOR STATE BUREAU OF INVESTIGATION REPORT signed by MAG/JUDGE JOE L. WEBSTER on 9/21/2017 as set out herein. (Sheets, Jamie)
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Motions Referred: RE: #25 Consent MOTION for Protective Order , to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Filing 25
Consent MOTION for Protective Order by C. B., D. B., REBEKAH BURROUGHS. Response to Motion due by 10/4/2017 (Attachments: #1 Text of Proposed Order)(LARGESS, STEPHEN)
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Filing 24
ANSWER to Amended Complaint by LIBERTY MUTUAL INSURANCE CO.. (ROWE, ANN)
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Filing 23
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant LIBERTY MUTUAL INSURANCE CO.. (ROWE, ANN)
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Filing 22
NOTICE of Appearance by attorney ANN COX ROWE on behalf of Defendant LIBERTY MUTUAL INSURANCE CO. (ROWE, ANN)
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Filing 21
NOTICE of Appearance by attorney HARRY LEE DAVIS, JR on behalf of Defendant LIBERTY MUTUAL INSURANCE CO. (DAVIS, HARRY)
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Filing 20
Letter to counsel for Plaintiffs, as to Defendant Liberty Mutual Insurance Co., Re: Answer due 9/5/2017. (Blay, Debbie)
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Telephone Notice from Attorney Stephen Largess Re: #20 Letter on 9/14/2017. He advised the Clerk's Office that Attorney Ann Rowe will be representing Liberty Mutual Insurance Co. and will be filing an answer by 9/19/2017.(Blay, Debbie)
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Filing 19
AFFIDAVIT OF SERVICE as to LIBERTY MUTUAL INSURANCE CO. served on 8/14/2017, answer due 9/5/2017. (LARGESS, STEPHEN)
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Filing 18
Summons Reissued as to LIBERTY MUTUAL INSURANCE CO. (Attachments: #1 Liberty Mutual 2, #2 Liberty Mututal 3)(Coyne, Michelle)
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Filing 17
ANSWER to Amended Complaint by FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE. (ROWE, ANN)
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Filing 16
Summons Issued as to LIBERTY MUTUAL INSURANCE CO. (Coyne, Michelle)
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Filing 15
Second AMENDED COMPLAINT against defendant All Defendants, filed by REBEKAH BURROUGHS, C. B., D. B..(LARGESS, STEPHEN)
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Filing 14
STIPULATION to file Second Amended Complaint by C. B., D. B., REBEKAH BURROUGHS. (LARGESS, STEPHEN) (Main Document 14 replaced on 6/28/2017) (Sheets, Jamie).
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Filing 13
NOTICE of Voluntary Dismissal as to party(s) TRAVELERS INSURANCE COMPANY, filed by Plaintiffs C. B., D. B., REBEKAH BURROUGHS (LARGESS, STEPHEN) (Main Document 13 replaced on 6/28/2017) (Sheets, Jamie).
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Filing 12
AMENDED COMPLAINT against defendant FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, THE COUNTY OF ROCKINGHAM, TRAVELERS INSURANCE COMPANY, filed by REBEKAH BURROUGHS, C. B., D. B..(LARGESS, STEPHEN)
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Filing 11
NOTICE of Voluntary Dismissal as to party(s) THE COUNTY OF ROCKINGHAM, filed by Plaintiff REBEKAH BURROUGHS (LARGESS, STEPHEN)
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Filing 10
**FILED IN ERROR** First AMENDED COMPLAINT against defendant FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, THE COUNTY OF ROCKINGHAM, TRAVELERS INSURANCE COMPANY, filed by REBEKAH BURROUGHS.(LARGESS, STEPHEN) Modified on 6/14/2017 to reflect filed in error - see (Doc. #12 ) Amended Complaint. (Daniel, J)
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Filing 9
NOTICE of Appearance by attorney STEPHEN LUKE LARGESS on behalf of Plaintiff REBEKAH BURROUGHS (LARGESS, STEPHEN)
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Filing 8
MOTION for Extension of Time to File Answer re #5 Complaint, by FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, THE COUNTY OF ROCKINGHAM. (Attachments: #1 Exhibit Ex A - Email, #2 Exhibit Proposed Order)(ROWE, ANN)
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Filing 7
Notice of Right to Consent. (Attachments: #1 Consent Form)(Coyne, Michelle)
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Filing 4
ECF 30 Day Notice. ECF 30 Day Notice due by 6/21/2017. ECF 30 Day Notice due by 6/26/2017. (Coyne, Michelle)
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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 under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle)
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ORDER granting #8 Motion for Extension of Time to Answer for All Defendants. Answer due by 6/26/2017. Signed by John Brubaker, Clerk of Court, on 05/22/2017. (Brubaker, John)
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Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAGISTRATE JUDGE JOE L. WEBSTER. Set flag for Magistrate Judge Joe L. Webster. (Coyne, Michelle)
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Filing 6
Summons Issued as to THE COUNTY OF ROCKINGHAM. (Original document issued in Rockingham County Superior Court on 03/29/2017 Case No.: 17CVS485, and listed as exhibit Two to the Petition For Removal) (Coyne, Michelle)
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Filing 5
COMPLAINT against FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, THE COUNTY OF ROCKINGHAM, filed by REBEKAH BURROUGHS, C. B., D. B. (Original document filed in Rockingham County Superior Court, Case No.: 17CVS485 and listed as Exhibit One to the Petition for Removal)(Coyne, Michelle)
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Filing 3
NOTICE of Appearance by attorney HARRY LEE DAVIS, JR on behalf of Defendants FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, THE COUNTY OF ROCKINGHAM (DAVIS, HARRY)
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Filing 2
NOTICE of Appearance by attorney ANN COX ROWE on behalf of Defendants FRANK L. MARTIN, CHASE M. MYERS, SAMUEL S. PAGE, THE COUNTY OF ROCKINGHAM (ROWE, ANN)
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Filing 1
PETITION FOR REMOVAL against All Plaintiffs ( Filing fee $ 400 receipt number 0418-2129892.), filed by FRANK L. MARTIN, THE COUNTY OF ROCKINGHAM, CHASE M. MYERS, SAMUEL S. PAGE. (Attachments: #1 Exhibit Ex A - Complaint, #2 Exhibit Ex B - Summons for Rockingham County and Page, #3 Exhibit Ex C - Affidavit of Service for Rockingham County, #4 Exhibit Ex D - Affidavit of Service for Page, #5 Exhibit Ex E - Summons for Martin and Myers, #6 Exhibit Ex F - Affidavit of Service for Martin, #7 Exhibit Ex G - Affidavit of Service for Myers)(ROWE, ANN)
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