HINES et al v. JOHNSON et al
Plaintiff: Aris Hines and Brandi Thomason
Defendant: Sheriff TERRY S. JOHNSON, Deputy Sheriff Randy Jones, Doe Deputies 1-10, ALAMANCE COUNTY, NGM INSURANCE COMPANY and JOHN DOE CORPORATION
Petitioner: MAGISTRATE S.B. BARFIELD
Case Number: 1:2019cv00515
Filed: May 16, 2019
Court: US District Court for the Middle District of North Carolina
Presiding Judge: WILLIAM L OSTEEN
Referring Judge: JOE L WEBSTER
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2023 Opinion or Order Filing 113 MEMORANDUM of JUDICIAL SETTLEMENT CONFERENCE. (Garrett, Kim)
July 28, 2023 Opinion or Order Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: Settlement Conference held on 7/28/2023. Onyema Ezeh and Mark Burts, III present as counsel for Plaintiffs, Elizabeth Stephens present as counsel for Defendants. Case reported settled and parties requested executed Memorandum of Judicial Settlement Conference agreement be filed on the docket for public view. Proceedings recorded. (Garrett, Kim)
July 28, 2023 Opinion or Order Case Reported Settled. Stipulation of Dismissal due by 8/28/2023. (Garrett, Kim)
July 27, 2023 Opinion or Order Filing 112 ORDER granting #111 Motion for Leave. IT IS THEREFORE ORDERED that the Motion [Doc. #111] is hereby granted and Plaintiff Thomason is excused from appearing at the Settlement Conference set for July 28, 2023 at 10:00 a.m., but subject to the provisions noted herein. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/27/23.(Garrett, Kim)
July 26, 2023 Opinion or Order Filing 111 Consent MOTION for Leave to Excuse Brandi Thomason from Physical Appearance at Settlement Conference by BRANDI THOMASON. (BURTS, MARK)
July 26, 2023 Opinion or Order Motions Referred: RE: #111 Consent MOTION for Leave to Excuse Brandi Thomason from Physical Appearance at Settlement Conference, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
July 25, 2023 Opinion or Order Filing 110 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 07/25/2023, that the Motion [Doc. #108 ] is hereby granted and the ACSO Defendants Johnson and Jones, the ACSO Defendants' claims adjuster, and the representative of Defendant NGM Insurance Company are excused from appearing at the Settlement Conference set for July 28, 2023 at 10:00 a.m., but subject to the provisions noted herein. (Monroe, Brooke)
July 25, 2023 Opinion or Order Motions Referred: RE: #109 Consent MOTION to Continue Trial Date, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
July 25, 2023 Opinion or Order Motions Referred: RE: #108 Consent MOTION for Leave to Excuse Appearance at Settlement Conference, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
July 24, 2023 Opinion or Order Filing 109 Consent MOTION to Continue Trial Date by TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Text of Proposed Order)(STEPHENS, ELIZABETH)
July 24, 2023 Opinion or Order Filing 108 Consent MOTION for Leave to Excuse Appearance at Settlement Conference by TERRY S. JOHNSON, RANDY JONES, NGM INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(STEPHENS, ELIZABETH)
July 22, 2023 Opinion or Order Filing 107 FINAL PRETRIAL DISCLOSURES by ARIS HINES, BRANDI THOMASON.(BURTS, MARK)
July 21, 2023 Opinion or Order Filing 106 FINAL PRETRIAL DISCLOSURES by TERRY S. JOHNSON, RANDY JONES, NGM INSURANCE COMPANY.(STEPHENS, ELIZABETH)
July 21, 2023 Opinion or Order Filing 105 STATEMENT of Settlement Conference re #103 Notice of Rescheduling by Defendants TERRY S. JOHNSON, RANDY JONES, NGM INSURANCE COMPANY. (STEPHENS, ELIZABETH) Modified on 7/24/2023 to remove duplicate text. (Monroe, Brooke).
July 11, 2023 Opinion or Order Filing 104 Consent MOTION for Extension of Time to File Motions in Limine by TERRY S. JOHNSON, RANDY JONES, NGM INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(STEPHENS, ELIZABETH)
July 11, 2023 Opinion or Order Motions Referred: RE: #104 Consent MOTION for Extension of Time to File Motions in Limine, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
July 11, 2023 Opinion or Order TEXT ORDER granting #104 Consent Motion to Extend Motions In Limine Deadline. For good cause shown, the parties shall have up to and including August 11, 2023 to file and serve motions in limine and supporting briefs; and the parties shall have up to and including August 18, 2023 to file and serve any responses to motions in limine. Issued by MAG/JUDGE JOE L. WEBSTER on 7/11/2023. (CANUTO, VANESSA)
April 25, 2023 Opinion or Order Filing 103 AMENDED NOTICE of Rescheduling: Settlement Conference reset for 7/28/2023 10:00 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim)
April 24, 2023 Opinion or Order Filing 102 NOTICE of Hearing: Settlement Conference set for 8/28/2023 10:00 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim)
April 4, 2023 Opinion or Order Filing 101 NOTICE of Trial Calendar Jury Trial set for 8/21/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
April 4, 2023 Opinion or Order Filing 100 NOTICE of Hearing: Jury Trial set for 8/21/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
March 20, 2023 Opinion or Order Email notification to all parties on record: Setting a Telephone Conference for 3/20/2023 01:45 PM before MAG/JUDGE JOE L. WEBSTER. Parties emailed call information. (Garrett, Kim)
March 20, 2023 Opinion or Order Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Telephone Conference held on 3/20/2023. Attorneys Onyema Ezeh and mark Burts, II present on call for Plaintiffs and Attorney Elizabeth Stephens present on call for Defendants. Proposed trial dates discussed. Counsel instructed to contact case manager after confirming with clients. Proceedings recorded. (Garrett, Kim)
February 13, 2023 Opinion or Order Filing 99 AMENDED REPORT OF MEDIATOR from Rene Stemple Trehy - Mediation Held on 1/18/2023. (IMPASSE) (Bond, Melisa)
February 12, 2023 Opinion or Order Filing 98 NOTICE of Erroneous Mediation Report by Mediator by ARIS HINES, BRANDI THOMASON re Case Reported Settled at Mediation, Case Reported Settled, #94 Report of Mediation . (BURTS, MARK)
February 6, 2023 Opinion or Order Filing 97 CERTIFICATE re #96 Memorandum Word Count by Plaintiffs ARIS HINES, BRANDI THOMASON. (BURTS, MARK)
January 31, 2023 Opinion or Order Filing 96 MEMORANDUM re #86 Notice of Hearing Settlement Conference Memorandum by Plaintiffs ARIS HINES, BRANDI THOMASON. (BURTS, MARK)
January 31, 2023 Opinion or Order Filing 95 Defendants' Settlement Conference Memorandum re #86 Notice of Hearing by Defendants TERRY S. JOHNSON, RANDY JONES. (STEPHENS, ELIZABETH)
January 23, 2023 Opinion or Order Filing 94 REPORT OF MEDIATOR from Rene Stemple Trehy - Mediation Held on 1/18/2023. Complete settlement of the case. (Bond, Melisa)
January 23, 2023 Opinion or Order Case Reported Settled at Mediation. (Bond, Melisa)
January 23, 2023 Opinion or Order Case Reported Settled - Stipulation of Dismissal due by 2/22/2023. (Bond, Melisa)
January 19, 2023 Opinion or Order Filing 93 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants TERRY S. JOHNSON, RANDY JONES. ELIZABETH C. STEPHENS is substituted as counsel for Defendants. Attorney KAYLA NICOLE MCDANIEL and RASHAWNDA M.. WILLIAMS terminated. (STEPHENS, ELIZABETH)
January 19, 2023 Opinion or Order Filing 92 REPLY, filed by Defendants TERRY S. JOHNSON, RANDY JONES, to Response to #90 MOTION to Continue Trial Date filed by TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Exhibit 1 - Supplemental Expert Report of Greg Bristol)(STEPHENS, ELIZABETH)
January 19, 2023 Opinion or Order Motions Referred: RE: #90 MOTION to Continue Trial Date, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
January 19, 2023 Opinion or Order Motions Referred: RE: #74 MOTION for Partial Summary Judgment , #65 MOTION for Summary Judgment , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
January 19, 2023 Opinion or Order TEXT ORDER: The Court previously set a trial date for this case to begin on February 21, 2023 and holds "an independent interest in preserving [that trial date]." Slate v. Byrd, No. 1:09CV852, 2013 WL 1103275, at *8 (M.D.N.C. Mar. 15, 2013) (unpublished). Notwithstanding such, the Court also has inherent and discretionary authority to manage and control its docket "to further economy of time and effort for itself, for counsel, and for litigants." Wootten v. Virginia, No. 6:14-CV-00013, 2017 WL 1208676, at *1 (W.D. Va. Mar. 31, 2017) (unpublished) (quotations and citation omitted). Here, the parties have both moved for summary judgment, Defendants seeking summary judgment as to all of Plaintiffs' claims, and Plaintiffs seeking summary judgment against one defendant as to two of Plaintiffs' claims. (See Docket Entries 65, 74.) In light of several considerations, including the limited time available before the commencement of trial to carefully examine the voluminous summary judgment record, and the looming pretrial deadlines which places demands on both counsel and the Court, the Court sua sponte concludes that a continuance of the trial is most appropriate here such that the Court may have time to resolve the motions before it, which may potentially narrow the issues for trial, or eliminate the need for a trial altogether. Having found such, the parties should be aware that the Court is working diligently and expeditiously on resolving the dispositive motions (and motion to seal) currently before it. The Court will schedule a status conference with the parties to discuss a new tentative trial date, which once said date is finalized, will remain unchanged absent exigent circumstances. Accordingly, IT IS HEREBY ORDERED that the trial date set for February 21, 2023 shall be continued to a date to be determined by the Court. The Settlement Conference shall go forward as scheduled on February 7, 2023. Defendants' Motion to Continue the Trial Date (Docket Entry 90) is terminated as moot. Issued by MAG/JUDGE JOE L. WEBSTER on 1/19/2023.(Lee, Pedra)
January 18, 2023 Opinion or Order Filing 91 RESPONSE in Opposition re #90 MOTION to Continue Trial Date filed by RANDY JONES, TERRY S. JOHNSON filed by ARIS HINES, BRANDI THOMASON. Replies due by 2/1/2023 (Attachments: #1 Exhibit A, #2 Exhibit B)(BURTS, MARK)
January 18, 2023 Opinion or Order Filing 90 MOTION to Continue Trial Date by TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Text of Proposed Order)(STEPHENS, ELIZABETH) Modified on 1/18/2023 email notification from plaintiff a response is being filed (Garrett, Kim).
January 18, 2023 Opinion or Order TEXT ORDER granting #87 Motion to Withdraw as Counsel. For good cause shown, the Motion to Withdraw is Granted, and Attorneys Michael Ortiz and Heather Connor and the firm Ortiz & Doyle PLLC are withdrawn as counsel for Defendant NGM Insurance Company. Attorneys Elizabeth Stephens and Patrick Flanagan of Cranfill Sumner shall remain as counsel for Defendant NGM Insurance Company. Issued by MAG/JUDGE JOE L. WEBSTER on 1/18/2023.(Lee, Pedra)
January 17, 2023 Opinion or Order Motions Referred: RE: #87 MOTION to Withdraw as Attorney MICHAEL ROBERT ORTIZ , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
January 16, 2023 Opinion or Order Filing 89 REPLY, filed by Plaintiffs ARIS HINES, BRANDI THOMASON, to Response to #74 MOTION for Partial Summary Judgment filed by ARIS HINES, BRANDI THOMASON. (BURTS, MARK)
January 16, 2023 Opinion or Order Filing 88 REPLY, filed by Defendants TERRY S. JOHNSON, RANDY JONES, to Response to #65 MOTION for Summary Judgment filed by TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Exhibit List, #2 Exhibit 1 - Aris Hines Medical Records, #3 Exhibit 2 - Exhibit E to Deposition of Aris Hines (DE 76-9), #4 Exhibit 3 - Exhibit 6 to Deposition of Aundrea Azelton (DE 83-2))(STEPHENS, ELIZABETH)
January 16, 2023 Opinion or Order Filing 87 MOTION to Withdraw as Attorney MICHAEL ROBERT ORTIZ by on behalf of NGM INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(ORTIZ, MICHAEL)
January 13, 2023 Opinion or Order Filing 86 NOTICE of Hearing: Settlement Conference set for 2/7/2023 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim)
January 13, 2023 Opinion or Order Filing 85 NOTICE of Attorney Appearance by attorney ELIZABETH C. STEPHENS on behalf of Defendant NGM INSURANCE COMPANY (STEPHENS, ELIZABETH)
January 9, 2023 Opinion or Order Filing 84 RESPONSE in Opposition re #65 MOTION for Summary Judgment filed by RANDY JONES, TERRY S. JOHNSON, #66 Brief filed by RANDY JONES, TERRY S. JOHNSON filed by ARIS HINES, BRANDI THOMASON. Replies due by 1/16/2023 (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(BURTS, MARK)
January 9, 2023 Opinion or Order Filing 83 RESPONSE in Opposition re #74 MOTION for Partial Summary Judgment filed by BRANDI THOMASON, ARIS HINES filed by TERRY S. JOHNSON, RANDY JONES. Replies due by 1/23/2023 (Attachments: #1 Ex. 1 - Documents, Affidavits, and Exhibits Submitted in Support of Defendants' Motion for Summary Judgment, #2 Ex. 2 - Deposition of Colonel Audrea M. Azelton, #3 Ex. 3 - Declaration of Terry S. Johnson, #4 Ex. 4 - Declaration of Elizabeth C. Stephens, #5 Ex. 5 - Affidavit of Susan Evans)(STEPHENS, ELIZABETH)
January 9, 2023 Opinion or Order Motions Referred: RE: #76 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).], to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
January 9, 2023 Opinion or Order Motions Referred: RE: 71 EX PARTE/SEALED MOTION , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
December 22, 2022 Opinion or Order Filing 82 SEALED UNREDACTED DOCUMENTS Corrected Unredacted Exhibit Q - Hines CLEAR Report re #79 Sealed Unredacted Documents filed by Defendants TERRY S. JOHNSON, RANDY JONES re #76 Motion to file under Seal. (STEPHENS, ELIZABETH) Modified on 7/11/2023 to link exhibit back to corresponding docket entry. (Marsh, Keah)
December 22, 2022 Opinion or Order Filing 81 Additional Attachments to Main Document re #67 Affidavit in Support of Motion,, Exhibit A - Redacted Alamance County Sheriffs Office Investigation Report. (Attachments: #1 Exhibit B - Redacted Alamance County Sheriff's Office Sheriff's Report, #2 Exhibit R - 2016 Sheriff's Bond, #3 Exhibit S - Public Information Packet)(STEPHENS, ELIZABETH)
December 21, 2022 Opinion or Order Filing 80 NOTICE by TERRY S. JOHNSON, RANDY JONES re #77 Brief, Word Count for Brief in Support of Motion to Seal (STEPHENS, ELIZABETH)
December 21, 2022 Opinion or Order Filing 79 SEALED UNREDACTED DOCUMENTS filed by Defendants ALAMANCE COUNTY, TERRY S. JOHNSON, RANDY JONES, Plaintiffs ARIS HINES, BRANDI THOMASON re #77 Brief,. (Attachments: #1 Sealed Unredacted C - Confidential Alamance Co. Sheriff's Office Investigative Notes and docs related to investigation, #2 Sealed Unredacted D - Confidential Arrest Warrants, #3 Sealed Unredacted M - Confidential Transcription of Alamance Co. Interview of C.K.J., #4 Sealed Unredacted N - Confidential Transcription of Hines Arrest Interview, #5 Sealed Unredacted O - Confidential Transcription of Brandi Thomason Arrest Interview, #6 Sealed Unredacted P - Confidential Transcript of Aris Hines interview by Reporter Charles Pogacar, #7 Sealed Unredacted Q - Hines CLEAR Report, #8 Sealed Unredacted 1- Part 1 Confidential Deposition Transcript of Terry Johnson, #9 Sealed Unredacted 1 - Part 2 Confidential Deposition Transcript of Terry Johnson, #10 Sealed Unredacted 1 - Part 3 Confidential Deposition Transcript of Terry Johnson, #11 Sealed Unredacted 4 - Part 1 Confidential Aris Hines Deposition Transcript of Aris Hines, #12 Sealed Unredacted 4- Part 2 Confidential Aris Hines Deposition Transcript of Aris Hines, #13 Sealed Unredacted 5 - Confidential Deposition Transcript of Brandi Thomason, #14 Sealed Unredacted 6 - Confidential Plaintiffs' Written Responses to Defendants' Discovery Requests)(STEPHENS, ELIZABETH) See #82 for corrected Exhibit Q. Modified on 7/11/2023 to link corrected exhibit. (Marsh, Keah)
December 21, 2022 Opinion or Order Filing 78 See #79 for corrected filing SEALED UNREDACTED DOCUMENTS filed re #76 Motion to file under Seal by TERRY S. JOHNSON, RANDY JONES, ARIS HINES, BRANDI THOMASON. Response to Motion due by 1/11/2023 (Attachments: #1 Sealed Unredacted C - Confidential Alamance Co. Sheriff's OffIce Investigative Notes and docs related to investigation, #2 Sealed Unredacted D - Confidential Arrest Warrants, #3 Sealed Unredacted M - Confidential Transcription of Alamance Co. Interview of C.K.J, #4 Sealed Unredacted N - Confidential Transcription of Hines Arrest Interview, #5 Sealed Unredacted O - Confidential Transcription of Brandi Thomason Arrest Interview, #6 Sealed Unredacted P - Confidential Transcript of Aris Hines interview by Reporter Charles Pogacar, #7 Sealed Unredacted Q - Hines CLEAR Report, #8 Sealed Unredacted 1- Part 1 Confidential Deposition Transcript of Terry Johnson, #9 Sealed Unredacted 1 - Part 2 Confidential Deposition Transcript of Terry Johnson, #10 Sealed Unredacted 1 - Part 3 Confidential Deposition Transcript of Terry Johnson, #11 Sealed Unredacted 4 - Part 1 Confidential Aris Hines Deposition Transcript of Aris Hines, #12 Sealed Unredacted 4- Part 2 Confidential Aris Hines Deposition Transcript of Aris Hines, #13 Sealed Unredacted 5 - Confidential Deposition Transcript of Brandi Thomason, #14 Sealed Unredacted 6 - Confidential Plaintiffs' Written Responses to Defendants' Discovery Requests)(STEPHENS, ELIZABETH) Modified on 12/21/2022 to reflect attached documents are unredacted versions of #76 Motion. (Bowers, Alexis). Modified on 7/11/2023 to link corrected document. (Marsh, Keah)
December 21, 2022 Opinion or Order Filing 77 Defendants' BRIEF re #76 MOTION to File Under Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] Certain Documents by Defendants TERRY S. JOHNSON, RANDY JONES filed by TERRY S. JOHNSON, RANDY JONES. (STEPHENS, ELIZABETH) Modified on 7/13/2023 to correct event caption. (Hicks, Samantha)
December 21, 2022 Opinion or Order Filing 76 MOTION to File Under Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by TERRY S. JOHNSON, RANDY JONES. Response to Motion due by 1/4/2023 (Attachments: #1 Exhibit C - Confidential Alamance Co. Sheriff's Ofifce Investigative Notes and docs related to investigation, #2 Exhibit D - Confidential Arrest Warrants, #3 Exhibit M - Confidential Transcription of Alamance Co. Interview of C.K.J., #4 Exhibit N - Confidential Transcription of Hines Arrest Interview, #5 Exhibit O- Confidential Transcription of Brandi Thomason Arrest Interview, #6 Exhibit P - Confidential Transcript of Aris Hines interview by Reporter Charles Pogacar, #7 Exhibit Q - Hines CLEAR Report, #8 Exhibit 1 - Confidential Deposition Transcript of Terry Johnson, #9 Exhibit 4 - Confidential Aris Hines Deposition Transcript of Aris Hines, #10 Exhibit 5 - Confidential Deposition Transcript of Brandi Thomason, #11 Exhibit 6- Confidential Plaintiffs' Written Responses to Defendants' Discovery Requests)(STEPHENS, ELIZABETH) Modified on 7/13/2023 to correct event caption and correct misspelling of Exhibit 6 Description. (Hicks, Samantha)
December 19, 2022 Opinion or Order Filing 75 MEMORANDUM filed by Plaintiffs ARIS HINES, BRANDI THOMASON re #74 MOTION for Partial Summary Judgment filed by ARIS HINES, BRANDI THOMASON. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(BURTS, MARK)
December 19, 2022 Opinion or Order Filing 74 MOTION for Partial Summary Judgment by ARIS HINES, BRANDI THOMASON. Response to Motion due by 1/9/2023 (BURTS, MARK)
December 19, 2022 Opinion or Order Filing 73 CERTIFICATE of Word Count re #66 Brief by Defendants TERRY S. JOHNSON, RANDY JONES. (STEPHENS, ELIZABETH)
December 19, 2022 Opinion or Order Filing 70 ***FILED IN ERROR***Defendants' BRIEF re #69 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] Confidential Documents by Defendants TERRY S. JOHNSON, RANDY JONES filed by TERRY S. JOHNSON, RANDY JONES. (STEPHENS, ELIZABETH) Modified on 12/20/2022 to mark as filed in error. See #77 for corrected filing. (Hicks, Samantha)
December 19, 2022 Opinion or Order Filing 69 ***FILED IN ERROR*** MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by TERRY S. JOHNSON, RANDY JONES. Response to Motion due by 1/3/2023 (Attachments: #1 Exhibit C - Confidential Alamance Co. Sheriff's Office Investigative Notes and docs related to investigation, #2 Exhibit D - Confidential Arrest Warrants, #3 Exhibit M - Confidential Transcription of Alamance Co. Interview of C.K.J., #4 Exhibit N- Confidential Transcription of Aris Hines Interview May 12, 2016, #5 Exhibit O - Confidential Transcription of Brandi Thomason Interview May 12, 2016, #6 Exhibit P - Confidential Transcript of Interview of Aris Hines by Reporter Charles Pogacar, #7 Exhibit Q - Confidential Hines CLEAR Report, #8 Exhibit 1 - Confidential Deposition Transcript of Terry Johnson, #9 Exhibit Confidential Deposition Transcript of Aris Hines, #10 Exhibit 5 - Confidential Deposition Transcript of Brandi Thomason, #11 Exhibit 6- Confidential Plaintiffs' Written Responses to Defendants' Discovery Requests)(STEPHENS, ELIZABETH) Modified on 12/20/2022 to mark as filed in error. This document was improperly filed. See #76 for corrected filing. (Hicks, Samantha)
December 19, 2022 Opinion or Order Filing 68 LIST re #66 Brief Exhibits in Support of Memorandum of Law in Support of Defendants' Motion for Summary Judgment by Defendants TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Exhibit 2, Part 1 - Harold Randolph Jones Deposition Transcript, #2 Exhibit 2, Part 2 - Harold Randolph Jones Deposition Transcript, #3 Exhibit 3 - Stefanie Barfield Deposition Transcript, #4 Exhibit 7 - Defendants' Writtten Discovery Responses to Plaintiffs' Requests)(STEPHENS, ELIZABETH)
December 19, 2022 Opinion or Order Filing 67 AFFIDAVIT in Support re #65 MOTION for Summary Judgment filed by TERRY S. JOHNSON, RANDY JONES. Response to Motion due by 1/3/2023 (Attachments: #1 Exhibit E - Aris Hines Arrest Warrant, #2 Exhibit F - Brandi Thomason Arrest Warrant, #3 Exhibit G - Aris Hines - Conditions of Release and Release Order, #4 Exhibit H - Brandi Thomason - Conditions of Release and Release Order, #5 Exhibit I - Bill of Indictment - Brandi Thomason, #6 Exhibit J - Aris Hines Dismissal of Charges, #7 Exhibit K - Brandi Thomason Dismissal of Charges, #8 Exhibit L - Hines Voicemail Transcription)(STEPHENS, ELIZABETH)
December 19, 2022 Opinion or Order Filing 66 Defendants' BRIEF in Support of Defendants' Motion for Summary Judgment by Defendants TERRY S. JOHNSON, RANDY JONES filed by TERRY S. JOHNSON, RANDY JONES. (STEPHENS, ELIZABETH)
December 19, 2022 Opinion or Order Filing 65 MOTION for Summary Judgment by TERRY S. JOHNSON, RANDY JONES. Response to Motion due by 1/18/2023 (STEPHENS, ELIZABETH)
December 14, 2022 Opinion or Order Filing 64 NOTICE of Attorney Appearance by attorney ELIZABETH C. STEPHENS on behalf of Defendants TERRY S. JOHNSON, RANDY JONES (STEPHENS, ELIZABETH)
December 14, 2022 Opinion or Order TEXT ORDER granting #63 Motion for Leave to File Brief in Excess of Word Count Limit. For good cause shown, Defendants Terry S. Johnson and Randy Jones are allowed to file their Brief in Support of their Motion for Summary Judgment in excess of 6,250 words, but not more than 10,000 words, in length. Issued by MAG/JUDGE JOE L. WEBSTER on 12/14/2022.(Lee, Pedra)
December 13, 2022 Opinion or Order Motions Referred: RE: #63 MOTION to Exceed Page Limit (Exceed Word Count), to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
December 12, 2022 Opinion or Order Filing 63 MOTION to Exceed Page Limit (Exceed Word Count) by TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Text of Proposed Order Order Granting Motion for Leave to File Brief in Excess of Word Count Limit)(FLANAGAN, PATRICK)
December 9, 2022 Opinion or Order Motions Referred: RE: #62 Consent MOTION for Extension of Time to Extend Dispositive Motion Deadline, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
December 9, 2022 Opinion or Order Motions Referred: RE: #55 MOTION to Compel Discovery Deposition of Aundrea Azelton, #54 MOTION to Quash Subpoena , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
December 9, 2022 Opinion or Order TEXT ORDER Finding as Moot #54 Motion to Quash in light of #59 Joint Notice; Granting in Part, Denying in Part #55 Motion to Compel Deposition of Aundrea Azelton; Granting #62 Consent Motion for Extension of Time. The Motion to Quash the subpoena issued to Magistrate S.B. Barfield is moot in light of the Joint Notice representing that Plaintiffs conducted a deposition of the Movant which did not raise any of the issues raised in the Motion to Quash, Plaintiffs do not wish to elicit any further testimony pursuant to the November 7, 2022 subpoena, and both the Movant and Plaintiffs agree that the Motion to Quash is now moot. (See Docket Entry 59.) As to Plaintiffs' Motion to Compel the deposition of Aundrea Azelton, the Motion is granted in part. Defendants do not oppose said motion in light of Plaintiffs' willingness to timely satisfy Defendants' remaining outstanding discovery requests. (See Docket Entry 58.) In addition, Aundrea Azelton has not otherwise objected to the subpoena nor moved to quash it. Therefore, after consideration of Plaintiffs' motion and the brief in support thereto, the Motion is granted to the extent Aundrea Azelton shall appear for a deposition in this matter no later than fourteen (14) days from the date of this Order. Plaintiffs' request for attorneys' fees associated with bringing said Motion is denied. The parties have also moved for an extension of the deadline to file and serve dispositive motions and supporting briefs, solely based on the delay in receipt of the transcript of Defendant Sheriff Terry S. Johnson's deposition. (Docket Entry 62.) For good cause shown, the Court will grant the consent extension motion such that dispositive motions shall be due December 19, 2022; responses to such motions shall be filed no later than January 9, 2023; and any replies shall be filed no later than January 16, 2023. The deposition of Aundrea Azelton shall not alter the dispositive motions deadlines as set forth herein. The parties are reminded that trial is set to begin on February 21, 2023. Thus, there shall be no further extension of said deadlines herein as the Court needs time to rule on the parties' dispositive motions. Issued by MAG/JUDGE JOE L. WEBSTER on 12/9/2022.(Lee, Pedra)
December 8, 2022 Opinion or Order Filing 62 Consent MOTION for Extension of Time to Extend Dispositive Motion Deadline by TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Dispositive Motion Deadline)(FLANAGAN, PATRICK)
December 3, 2022 Opinion or Order Filing 61 NOTICE of Intent to File Dispositive Motions by Plaintiffs ARIS HINES, BRANDI THOMASON (BURTS, MARK)
November 30, 2022 Opinion or Order Filing 60 NOTICE of Intent to File Dispositive Motions by Defendants TERRY S. JOHNSON, RANDY JONES (FLANAGAN, PATRICK)
November 29, 2022 Opinion or Order Filing 59 NOTICE by S.B. Barfield re #54 MOTION to Quash Subpoena Joint Notice of Mootness (O'BRIEN, ELIZABETH)
November 29, 2022 Opinion or Order Filing 58 RESPONSE TO MOTION TO COMPEL Deposition of Aundrea Azelton filed by Defendants TERRY S. JOHNSON, RANDY JONES re #55 MOTION to Compel Discovery Deposition of Aundrea Azelton filed by BRANDI THOMASON, ARIS HINES filed by TERRY S. JOHNSON, RANDY JONES. Replies due by 12/6/2022 (FLANAGAN, PATRICK)
November 25, 2022 Opinion or Order Filing 57 NOTICE by ARIS HINES, BRANDI THOMASON re #55 MOTION to Compel Discovery Deposition of Aundrea Azelton, #56 Memorandum, Certificate of Word Count (BURTS, MARK)
November 23, 2022 Opinion or Order Filing 56 MEMORANDUM filed by Plaintiffs ARIS HINES, BRANDI THOMASON re #55 MOTION to Compel Discovery Deposition of Aundrea Azelton filed by ARIS HINES, BRANDI THOMASON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(EZEH, ONYEMA)
November 23, 2022 Opinion or Order Filing 55 MOTION to Compel Discovery Deposition of Aundrea Azelton by ARIS HINES, BRANDI THOMASON. Response to Motion due by 12/7/2022 (EZEH, ONYEMA)
November 15, 2022 Opinion or Order Filing 54 MOTION to Quash Subpoena by S.B. Barfield. Response to Motion due by 11/29/2022 (O'BRIEN, ELIZABETH)
November 15, 2022 Opinion or Order Filing 53 NOTICE of Attorney Appearance by attorney ONYEMA AGU EZEH on behalf of Plaintiffs ARIS HINES, BRANDI THOMASON (EZEH, ONYEMA)
November 14, 2022 Opinion or Order Filing 52 NOTICE of Attorney Appearance by attorney RASHAWNDA M.. WILLIAMS on behalf of Defendants TERRY S. JOHNSON, RANDY JONES (WILLIAMS, RASHAWNDA)
November 10, 2022 Opinion or Order Filing 51 NOTICE of Attorney Appearance by attorney KAYLA NICOLE MCDANIEL on behalf of Defendants TERRY S. JOHNSON, RANDY JONES (MCDANIEL, KAYLA)
November 3, 2022 Opinion or Order Filing 50 Consent MOTION for Extension of Time to Complete Mediation by TERRY S. JOHNSON, RANDY JONES. (FLANAGAN, PATRICK)
November 3, 2022 Opinion or Order Filing 49 ***FILED IN ERROR***Consent MOTION for Extension of Time to Complete Discovery and Mediation by TERRY S. JOHNSON, RANDY JONES. (MINCEY, PATRICK) Modified on 11/3/2022 Attorney Flanagan to refile motion under correct attorney's name. Attorney Mincey not in the case. (Garrett, Kim).
November 3, 2022 Opinion or Order *** Attorney PATRICK MELTON MINCEY terminated. Per Office of Attorney Mincey and Flanagan (Garrett, Kim)
November 3, 2022 Opinion or Order Motions Referred: RE: #49 Consent MOTION for Extension of Time to Complete Discovery and Mediation, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
November 3, 2022 Opinion or Order TEXT ORDER Granting #50 Consent Motion for Extension of Time to Complete Mediation. For good cause shown, the parties shall have up to and including January 20, 2023 to complete mediation. This deadline shall not impact any other deadlines including the overall discovery deadline of November 23, 2022, the dispositive motions deadlines set forth in the Court's previous Order, and the February 21, 2023 trial date in this matter. Issued by MAG/JUDGE JOE L. WEBSTER on 11/3/2022.(Lee, Pedra)
November 3, 2022 Opinion or Order Set/Reset Scheduling Order Deadlines: Mediation due by 1/20/2023. (Bowers, Alexis)
November 3, 2022 Opinion or Order Motions Referred: RE: #50 Consent MOTION for Extension of Time to Complete Mediation, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
October 26, 2022 Opinion or Order Filing 48 NOTICE of Trial Calendar Jury Trial set for 2/21/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
October 26, 2022 Opinion or Order Filing 47 NOTICE of Hearing: Jury Trial set for 2/21/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
October 25, 2022 Opinion or Order TEXT ORDER Granting in Part #46 Consent Motion for Extension of Time to Complete Discovery and Mediation. The Court has considered the motion and recognizes the necessity of additional time to complete discovery to conduct depositions and mediation. However, in light of several other considerations, including the age of this case, the February 2023 trial date to be set in this matter, the timing necessary for rulings on dispositive motions, and the filing of pretrial disclosures, the Court finds that the motion shall be GRANTED to the following extent: the deadline for completion of all discovery and mediation shall be November 23, 2022. In addition, in light of the extended discovery period, the Court shortens the dispositive motions deadlines as follows: dispositive motions shall be filed no later than December 14, 2022; responses to such motions shall be filed no later than January 4, 2023; and any replies shall be filed no later than January 11, 2023. The parties should not anticipate any further extension of said deadlines. The Clerk shall set this matter for trial beginning the week of February 20, 2023. Lastly, IT IS ORDERED that Defendants Terry S. Johnson and Randy Jones, with the consent of Plaintiffs, shall be excused from attending the mediation in person while a representative of said Defendants with full authority to resolve the case shall be present in person. However, Defendants Terry S. Johnson and Randy Jones individually shall make themselves available by telephone during the mediation. Issued by MAG/JUDGE JOE L. WEBSTER on 10/25/2022.(Lee, Pedra)
October 24, 2022 Opinion or Order Motions Referred: RE: #46 Consent MOTION for Extension of Time to Complete Discovery and Mediation, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
October 21, 2022 Opinion or Order Filing 46 Consent MOTION for Extension of Time to Complete Discovery and Mediation by TERRY S. JOHNSON, RANDY JONES. (FLANAGAN, PATRICK) Modified on 10/24/2022 requested proposed order (Garrett, Kim).
September 29, 2022 Opinion or Order Filing 45 REQUEST for Protection from Court Appearance by Plaintiffs ARIS HINES, BRANDI THOMASON for Protection from Court Appearance. (BURTS, MARK)
September 29, 2022 Opinion or Order Filing 44 CONSENT PROTECTIVE ORDER signed by MAG/JUDGE JOE L. WEBSTER on 09/29/2022, as set out herein. (Bowers, Alexis)
September 27, 2022 Opinion or Order Motions Referred: RE: #43 Consent MOTION for Protective Order , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
September 23, 2022 Opinion or Order Filing 43 Consent MOTION for Protective Order by TERRY S. JOHNSON, RANDY JONES, NGM INSURANCE COMPANY. Response to Motion due by 10/7/2022 (Attachments: #1 Text of Proposed Order Proposed Consent Protective Order)(FLANAGAN, PATRICK) Modified on 9/26/2022 requested proposed order (Garrett, Kim).
September 19, 2022 Opinion or Order TEXT ORDER granting #42 Motion to Withdraw as Attorney. For good cause shown, Attorney WILLIAM L. HILL shall be terminated as counsel of record for Defendants, Sheriff Terry S. Johnson, Deputy Sheriff Randy Jones and NGM Insurance Company. With regard to Defendants Sheriff Terry S. Johnson, Deputy Sheriff Randy Jones and NGM Insurance Company, Attorney Patrick H. Flanagan of the firm of Cranfill Sumner, LLP will represent said Defendants. Issued by MAG/JUDGE JOE L. WEBSTER on 9/19/2022.(Lee, Pedra)
September 16, 2022 Opinion or Order Filing 42 MOTION to Withdraw as Attorney WILLIAM L. HILL by on behalf of TERRY S. JOHNSON, RANDY JONES, NGM INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw as Counsel)(HILL, WILLIAM)
September 16, 2022 Opinion or Order Filing 41 NOTICE of Attorney Appearance by attorney PATRICK HOUGHTON FLANAGAN on behalf of Defendants TERRY S. JOHNSON, RANDY JONES, NGM INSURANCE COMPANY (FLANAGAN, PATRICK)
September 16, 2022 Opinion or Order Motions Referred: RE: #42 MOTION to Withdraw as Attorney WILLIAM L. HILL , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
September 7, 2022 Opinion or Order TEXT ORDER granting #40 Plaintiffs' Second Motion to Extend Expert Witness Reports Deadline. For good cause shown, the motion is granted and Plaintiffs' deadline for the expert witness reports shall be extended up to September 26, 2022. Plaintiffs shall not anticipate any further extension of said deadline. Issued by MAG/JUDGE JOE L. WEBSTER on 9/7/2022.(Lee, Pedra)
September 6, 2022 Opinion or Order Motions Referred: RE: #40 Second MOTION for Extension of Time to File Expert Report, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
September 5, 2022 Opinion or Order Filing 40 Second MOTION for Extension of Time to File Expert Report by ARIS HINES, BRANDI THOMASON. (BURTS, MARK) Modified on 9/6/2022 requested proposed order (Garrett, Kim).
July 26, 2022 Opinion or Order Motions Referred: RE: #39 MOTION for Extension of Time to Provide Expert Report, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
July 26, 2022 Opinion or Order TEXT ORDER granting #39 Plaintiffs' motion to extend expert witness reports deadline. Upon Plaintiffs' motion and for good cause shown, Plaintiffs shall have up to and including September 5, 2022 to file the expert witness report in this matter. Issued by MAG/JUDGE JOE L. WEBSTER on 07/26/2022.(Pender, Rachel)
July 22, 2022 Opinion or Order Filing 39 MOTION for Extension of Time to Provide Expert Report by ARIS HINES, BRANDI THOMASON. (BURTS, MARK) Modified on 7/25/2022. Email notification by Attorney William Hill consenting to motion (Garrett, Kim).
March 15, 2022 Opinion or Order Case Reassigned to MAG/JUDGE JOE L. WEBSTER. JUDGE WILLIAM L. OSTEEN, JR. no longer assigned to the case. See #38 Order of Reference. (Williamson, Wanda)
March 15, 2022 Opinion or Order MAG/JUDGE JOE L. WEBSTER no longer assigned to case as referral judge. (Williamson, Wanda)
March 1, 2022 Opinion or Order Filing 38 ORDER REFERRING CASE signed by JUDGE WILLIAM L. OSTEEN, JR on 03/01/2022, that the above-entitled case is referred to 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. (Bowers, Alexis)
March 1, 2022 Opinion or Order CASE REFERRED RE: Order of Reference to USMJ, to JUDGE WILLIAM L. OSTEEN, JR. (Williamson, Wanda)
February 23, 2022 Opinion or Order Filing 37 ORDER Appointing RENE STEMPLE TREHY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa)
February 23, 2022 Opinion or Order Filing 36 ORDER signed by MAG/JUDGE JOE L. WEBSTER on 02/23/2022 approving #34 Motion for L.R. 5.5 Report-Joint; approving #35 RULE 26F (JOINT). Discovery due by 10/24/2022. Discovery shall be established as complex. Mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be Rene Stemple Trehy. Trial of the action is expected to take approximately 4 (four) to 5( five) days. A jury trial has been demanded. (Bowers, Alexis)
February 23, 2022 Opinion or Order MEDIATION SCHEDULING ORDER; Mediation due by 10/24/2022. (Bond, Melisa)
February 22, 2022 Opinion or Order NOTICE re: the parties notified the court of their Consent to Magistrate Judge jurisdiction. (Williamson, Wanda)
February 18, 2022 Opinion or Order Filing 35 Rule 26(f) Report (Joint) filed by all parties by NGM INSURANCE COMPANY.(ORTIZ, MICHAEL)
February 18, 2022 Opinion or Order Filing 34 L.R. 5.5 Report-Joint filed by all parties by NGM INSURANCE COMPANY.(ORTIZ, MICHAEL)
February 18, 2022 Opinion or Order Motions Referred: RE: #35 Rule 26(f) Report (Joint) filed by all parties, #34 L.R. 5.5 Report-Joint filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
January 27, 2022 Opinion or Order Filing 33 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 2/23/2022 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
January 10, 2022 Opinion or Order Filing 32 AFFIDAVIT OF SERVICE as to NGM INSURANCE COMPANY served on 5/17/2021, answer due 6/7/2021. (Attachments: #1 Exhibit Acknowledgement Receipt)(BURTS, MARK)
April 30, 2021 Opinion or Order Filing 31 Summons Issued as to NGM INSURANCE COMPANY. (Sheets, Jamie)
April 19, 2021 Opinion or Order Filing 30 ANSWER to Amended Complaint by NGM INSURANCE COMPANY. (ORTIZ, MICHAEL)
April 19, 2021 Opinion or Order Filing 29 ANSWER to Amended Complaint by TERRY S. JOHNSON, RANDY JONES. (HILL, WILLIAM)
April 12, 2021 Opinion or Order Filing 28 NOTICE by NGM INSURANCE COMPANY , Notice of Appearance by Heather Connor (CONNOR, HEATHER)
April 1, 2021 Opinion or Order Filing 27 NOTICE by NGM INSURANCE COMPANY (Notice of Appearance - Heather Connor) (ORTIZ, MICHAEL)
April 1, 2021 Opinion or Order Filing 26 NOTICE by NGM INSURANCE COMPANY (Notice of Appearance) (ORTIZ, MICHAEL)
March 19, 2021 Opinion or Order Filing 25 MOTION for Extension of Time to File Answer re #23 Amended Complaint by TERRY S. JOHNSON, RANDY JONES, NGM INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time to Answer Amended Complaint)(HILL, WILLIAM)
March 19, 2021 Opinion or Order ORDER granting #25 Motion for Extension of Time to Answer Amended Complaint for TERRY S. JOHNSON; RANDY JONES; and NGM INSURANCE COMPANY. Answer due by 4/19/2021. Signed by John Brubaker, Clerk of Court, on 3/19/2021. (Brubaker, John)
March 19, 2021 Opinion or Order Motion Referred re: #25 MOTION for Extension of Time to File Answer re #23 Amended Complaint, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)
March 18, 2021 Opinion or Order Filing 24 NOTICE of Attorney Appearance by attorney WILLIAM L. HILL on behalf of Defendant NGM INSURANCE COMPANY (HILL, WILLIAM)
March 6, 2021 Opinion or Order Filing 23 AMENDED COMPLAINT against defendant All Defendants, filed by ARIS HINES, BRANDI THOMASON.(BURTS, MARK)
March 5, 2021 Opinion or Order Filing 22 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 3/5/2021. The court adopts the Magistrate Judge's Recommendation and Plaintiffs' Motion to Amend Complaint and Add Party Defendants (Doc. #16 ) is GRANTED and paragraphs 101, 116, 117, and 118 be stricken from Plaintiffs' Amended Complaint (Doc. #16 -2). FURTHER that Plaintiffs shall file their Amended Complaint with the appropriate paragraphs strickened within ten (10) days of this Order. (Daniel, J)
February 9, 2021 Opinion or Order Filing 21 Notice of Mailing Memorandum Opinion and Recommendation. Objections due by 2/23/2021. Objections for Pro Se due by 2/26/2021. (Daniel, J)
February 9, 2021 Opinion or Order Filing 20 MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER signed on 2/9/2021. RECOMMENDED that Plaintiffs' Motion to Amend Complaint and Add Party Defendants (Docket Entry #16 ) be GRANTED to the extent described herein. FURTHER RECOMMENDED that paragraphs 101, 116, 117, and 118 be stricken from Plaintiffs' Amended Complaint (Docket Entry #16 -2). (Daniel, J)
November 13, 2020 Opinion or Order Motion Referred re: #16 MOTION to Amend #1 Complaint, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)
July 10, 2020 Opinion or Order Filing 19 REPLY, filed by Plaintiffs ARIS HINES, BRANDI THOMASON, to Response to #16 MOTION to Amend #1 Complaint, filed by ARIS HINES, BRANDI THOMASON. (BURTS, MARK)
June 26, 2020 Opinion or Order Filing 18 RESPONSE in Opposition re #16 MOTION to Amend #1 Complaint, filed by BRANDI THOMASON, ARIS HINES filed by DOE DEPUTIES 1-10, TERRY S. JOHNSON, RANDY JONES. Replies due by 7/10/2020 (Attachments: #1 Exhibit Affidavit)(HILL, WILLIAM)
June 18, 2020 Opinion or Order TEXT ORDER granting #17 Motion for Extension of Time to File Response. For good cause shown, Defendants shall have up to and including June 26, 2020 to file a response to Plaintiff's Motion to Amend Complaint and Add Party Defendants. Issued by MAG/JUDGE JOE L. WEBSTER on 6/18/2020.(Lee, Pedra)
June 17, 2020 Opinion or Order Motion Referred re: #17 MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Amend #1 Complaint, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)
June 11, 2020 Opinion or Order Filing 17 First MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Amend #1 Complaint, by DOE DEPUTIES 1-10, TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to Respond to Plaintiff's Motion to Amend Complaint and Add Party Defendants)(HILL, WILLIAM)
May 22, 2020 Opinion or Order Filing 16 MOTION to Amend #1 Complaint, by ARIS HINES, BRANDI THOMASON. Response to Motion due by 6/12/2020 (Attachments: #1 Affidavit Attorney Affidavit, #2 Proposed Amended Complaint, #3 Text of Proposed Order Proposed Order)(BURTS, MARK)
March 30, 2020 Opinion or Order Filing 15 MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 3/30/2020. Defendants' motion to dismiss (Doc. #6 ) is GRANTED IN PART and DENIED IN PART. Defendants' motion to dismiss is DENIED as to Plaintiffs' Ninth Cause of Action against Individual Defendants in their individual capacities. Defendants' motion to dismiss is GRANTED as to claims Nine, Ten, and Twelve against Individual Defendants in their official capacities, and those claims are DISMISSED WITHOUT PREJUDICE under Rule 12(b)(2). Defendants' motion to dismiss is GRANTED as to claims One through Eight against Defendants in all capacities, and claims Ten and Twelve as against Individual Defendants in their individual capacities, and those claims are DISMISSED WITH PREJUDICE under Rule 12(b)(6).(Daniel, J)
October 10, 2019 Opinion or Order Motion Submitted re: #6 First MOTION to Dismiss Complaint, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
September 16, 2019 Opinion or Order Filing 14 REPLY, filed by Defendants ALAMANCE COUNTY, DOE DEPUTIES 1-10, TERRY S. JOHNSON, RANDY JONES, to Response to #6 First MOTION to Dismiss Complaint Defendants reply to plaintiff's response to Motion to Dismiss filed by ALAMANCE COUNTY, DOE DEPUTIES 1-10, TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Exhibit West Law Case attachment Landry v. NC, #2 Errata West Law Case attachment Bladen v. NC)(HILL, WILLIAM)
September 11, 2019 Opinion or Order Filing 13 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 9/11/2019. Defendants' motion for extension (Doc. #12 ) is GRANTED and the deadline for Defendants to respond to Plaintiffs' objections is extended to September 16, 2019. (Daniel, J)
September 11, 2019 Opinion or Order Motion Submitted re: #12 First MOTION for Extension of Time to File Response/Reply to Plaintiffs' Opposition to Motion to Dismiss, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
September 9, 2019 Opinion or Order Filing 12 First MOTION for Extension of Time to File Response/Reply to Plaintiffs' Opposition to Motion to Dimiss by ALAMANCE COUNTY, DOE DEPUTIES 1-10, TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time to Respond)(HILL, WILLIAM)
September 5, 2019 Opinion or Order Filing 11 Corrected document re #10 Response in Opposition to Motion,. (BURTS, MARK)
August 26, 2019 Opinion or Order Filing 10 RESPONSE in Opposition re #7 Brief, #6 First MOTION to Dismiss Complaint filed by RANDY JONES, DOE DEPUTIES 1-10, TERRY S. JOHNSON, ALAMANCE COUNTY filed by ARIS HINES, BRANDI THOMASON. Replies due by 9/9/2019 (Attachments: #1 Exhibit Plaintiff Exhibit 1)(BURTS, MARK)
August 7, 2019 Opinion or Order Filing 9 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 8/7/2019. Plaintiffs' Motion to Extend Time (Doc. #8 ) is GRANTED and the deadline for Plaintiffs to respond to Defendants' Motion to Dismiss is extended to August 26, 2019. Response due by 8/26/2019. (Daniel, J)
August 5, 2019 Opinion or Order Motion Submitted re: #8 Consent MOTION for Extension of Time to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
July 31, 2019 Opinion or Order Filing 8 Consent MOTION for Extension of Time by ARIS HINES, BRANDI THOMASON. (BURTS, MARK)
July 16, 2019 Opinion or Order Filing 7 BRIEF re #6 First MOTION to Dismiss Complaint . (HILL, WILLIAM)
July 16, 2019 Opinion or Order Filing 6 First MOTION to Dismiss Complaint by ALAMANCE COUNTY, DOE DEPUTIES 1-10, TERRY S. JOHNSON, RANDY JONES. Response to Motion due by 8/6/2019 (HILL, WILLIAM)
June 19, 2019 Filing 5 First MOTION for Extension of Time to File Answer to Complaint by ALAMANCE COUNTY, DOE DEPUTIES 1-10, TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Text of Proposed Order ORDER)(HILL, WILLIAM)
June 19, 2019 Opinion or Order ORDER granting #5 Motion for Extension of Time to Answer for All Defendants. Answer due by 7/16/2019. Signed by John Brubaker, Clerk of Court, on 06/19/2019. (Brubaker, John)
May 30, 2019 Filing 4 NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendants ALAMANCE COUNTY, DOE DEPUTIES 1-10, TERRY S. JOHNSON, RANDY JONES (HILL, WILLIAM)
May 22, 2019 Filing 3 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Magistrate Consent Form) (Garland, Leah)
May 22, 2019 Filing 2 Summons Issued as to TERRY S. JOHNSON, RANDY JONES. (Attachments: #1 Summons issued to Terry Johnson, #2 Summons issued to Randy Jones, #3 Summons issued to Randy Jones) (Garland, Leah)
May 20, 2019 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. (Garland, Leah)
May 17, 2019 Case assigned to JUDGE WILLIAM L. OSTEEN, JR and MAGISTRATE JUDGE JOE L. WEBSTER. (Coyne, Michelle)
May 16, 2019 Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 0418-2571368.), filed by Aris Hines, Brandi Thomason. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Plaintiffs' Verification)(BURTS, MARK)

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Search for this case: HINES et al v. JOHNSON et al
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Plaintiff: Aris Hines
Represented By: MARK A. BURTS, II
Represented By: ONYEMA AGU EZEH
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Plaintiff: Brandi Thomason
Represented By: MARK A. BURTS, II
Represented By: ONYEMA AGU EZEH
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Defendant: Sheriff TERRY S. JOHNSON
Represented By: WILLIAM L. HILL
Represented By: ELIZABETH C. STEPHENS
Represented By: PATRICK HOUGHTON FLANAGAN
Represented By: KAYLA NICOLE MCDANIEL
Represented By: PATRICK MELTON MINCEY
Represented By: RASHAWNDA MURPHY WILLIAMS
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Defendant: Deputy Sheriff Randy Jones
Represented By: WILLIAM L. HILL
Represented By: ELIZABETH C. STEPHENS
Represented By: PATRICK HOUGHTON FLANAGAN
Represented By: KAYLA NICOLE MCDANIEL
Represented By: PATRICK MELTON MINCEY
Represented By: RASHAWNDA MURPHY WILLIAMS
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Defendant: Doe Deputies 1-10
Represented By: WILLIAM L. HILL
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Defendant: ALAMANCE COUNTY
Represented By: WILLIAM L. HILL
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Defendant: NGM INSURANCE COMPANY
Represented By: WILLIAM L. HILL
Represented By: HEATHER E. CONNOR
Represented By: ELIZABETH C. STEPHENS
Represented By: MICHAEL ROBERT ORTIZ
Represented By: PATRICK HOUGHTON FLANAGAN
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Defendant: JOHN DOE CORPORATION
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Petitioner: MAGISTRATE S.B. BARFIELD
Represented By: ELIZABETH CURRAN O'BRIEN
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