SCOTT, et al v. THE CITY OF DURHAM, et al
| TONY SCOTT, JR. and TONY SCOTT, SR. |
| THE DURHAM POLICE DEPARTMENT, OFFICER MICHAEL MCGLASSON, THE CITY OF DURHAM and OFFICER CORNELL RICHARDS |
| 1:2020cv00558 |
| June 19, 2020 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 14, 2022. A more recent docket listing may be available from PACER.
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Filing 99
Attachments to Main Document to #98 Memorandum Opinion and Order. (Carter, Alexus) Modified on 3/21/2022 to unseal pursuant to #98 Memorandum Opinion and Order. (Carter, Alexus).
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Filing 98
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 3/14/2022; that the motions to seal, Doc. #54 , as revised, Docs. #65 , #70 , #84 , #87 , and #90 are GRANTED in part and DENIED in part, as follows: 1. The Clerk SHALL maintain under seal Michael McGlasson's personnel file, Doc. #63 -3, and Cornell Richards' personnel file, Docs. #64 -1, #64 -2, #64 -3, #64 -4. 2. On March 21, 2022, five business days after entry of this order, the Clerk SHALL unseal all other sealed documents on the electronic docket. 3. The Clerk SHALL file the Durham Police Department internal affairs investigation report, in the form provided by the Court, on the electronic docket under seal. The Clerk SHALL unseal this document on March 21, 2022, five business days after entry of this Order. (Carter, Alexus)
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Filing 97
RESPONSE in Support re #96 Order,,,, re: Plaintiff's Motions to Seal filed by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM. Replies due by 2/8/2022 (Attachments: #1 Chart 1: Confidential Docs., #2 Chart 2: Non-confidential Docs.)(ROSEBORO, JOHN)
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Filing 96
ORDER signed by JUDGE CATHERINE C. EAGLES on 01/10/2022. This matter is before the Court on the plaintiff's motions to seal. Docs. #54 , #65 , #70 , #87 , and #90 . While the parties have reached a settlement, their agreement does not moot the motions to seal as to materials the Court considered in deciding summary judgment. Therefore, the defendants, who are the parties claiming confidentiality, are ORDERED to file a LR 5.4 Checklist chart no later than January 25, 2022. The chart must also list, for each document, the specific motion to seal placing that exhibit at issue, or, in the alternative, the City may file a separate chart for each motion to seal. In addition to a short basis for sealing, the chart(s) must include a docket citation to all evidentiary support for sealing that particular exhibite.g., "Doc. 59-2 at 5." The chart shall also identify any exhibits filed subject to a motion to seal that the City no longer contends should be sealed.(Taylor, Abby)
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Filing 95
STIPULATION of Dismissal of Case by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM. (ROSEBORO, JOHN)
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Filing 94
ORDER signed by JUDGE CATHERINE C. EAGLES on 01/04/2022, granting #92 Motion for Extension of Time to File All Parties. Stipulation of Dismissal due by 1/7/2022.(Taylor, Abby)
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Filing 93
Additional Attachments to Main Document re #92 Joint MOTION for Extension of Time to File Stipulation of Dismissal Proposed Order Granting Motion. (ROSEBORO, JOHN)
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Motions Submitted: #92 Joint MOTION for Extension of Time to File Stipulation of Dismissal to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Filing 92
Joint MOTION for Extension of Time to File Stipulation of Dismissal by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM. (ROSEBORO, JOHN)
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Filing 91
NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM. ANNA M. DAVIS is substituted as counsel for Defendants. Attorney ANNA M. DAVIS terminated. John Roseboro is substituted as counsel for Defendants. (DAVIS, ANNA)
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***Attorney MICHAEL G. MCGURL, JR for TONY SCOTT, JR added. (Winchester, Robin)
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Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Settlement Conference held on 12/9/2021. Attorneys Sharika M. Robinson and Michael McGurl appeared with plaintiff Tony Scott, Jr. Attorneys John Roseboro and Anna Davis present as counsel for defendant along with Heather Galeotti, Interim Risk Manager and Officer McGlasson. Parties reached full settlement. Court removes case from the January 2022 trial calendar and holds in abeyance any deadlines. Stipulation of Dismissal due 1/3/2022. (Court Reporter Jane Allen.) (Winchester, Robin)
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Filing 90
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 TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 12/22/2021 (ROBINSON, SHARIKA)
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Filing 89
REPLY, filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR, Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT, to Response to #81 MOTION for Summary Judgment Resubmission Corrected Version of Document # 71 filed by TONY SCOTT, JR, TONY SCOTT, SR, MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. (Attachments: #1 Exhibit 1. T. Scott Jr. Depo (Placeholder), #2 Exhibit 2. Richards Depo, #3 Exhibit 3. Scott Event Report, #4 Exhibit 4. Surv Vid (Placeholder), #5 Exhibit 5. Body Cam Foot (Placeholder), #6 Exhibit 6. I.A. Bates (Placeholder), #7 Exhibit 7. Scott Dismissal (Placeholder), #8 Exhibit 8. Richards Per File (Placeholder), #9 Exhibit 9. McGlasson Per File (Placeholder), #10 Exhibit 10. Scott Incident Report, #11 Exhibit 11. Scott Cit Complaint)(ROBINSON, SHARIKA) Modified on 12/9/2021 document originally filed 11/10/21 see #71 and was revised in accordance to the court's instruction given at the 11/22/21 Status Conference (Winchester, Robin). Modified on 3/21/2022 to unseal pursuant to #98 Memorandum Opinion and Order. (Carter, Alexus).
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Filing 88
REPLY, filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR, to Response to #81 MOTION for Summary Judgment Resubmission Corrected Version of Document # 68 filed by TONY SCOTT, JR, TONY SCOTT, SR. (Attachments: #1 Exhibit 1. T. Scott Jr. Depo (Placeholder), #2 Exhibit 2. Richards Depo, #3 Exhibit 3. Scott Event Report, #4 Exhibit 4. Surv Vid (Placeholder), #5 Exhibit 5. Body Cam Foot (Placeholder), #6 Exhibit 6. I.A. Bates (Placeholder), #7 Exhibit 7. Scott Dismissal (Placeholder), #8 Exhibit 8. Richards Per File (Placeholder), #9 Exhibit 9. McGlasson Per File (Placeholder), #10 Exhibit 10. Scott Incident Report, #11 Exhibit 11. Scott Cit Complaint)(ROBINSON, SHARIKA) Modified on 12/9/2021 document originally filed 11/10/21 see #68 and was revised in accordance to the court's instruction given at the 11/22/21 Status Conference. (Winchester, Robin). (Attachment 2 replaced on 2/17/2022 with version attached at DE# 52-5 to ensure document redactions flattened) (Marsh, Keah)
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Filing 87
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 TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 12/22/2021 (ROBINSON, SHARIKA)
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Filing 86
RESPONSE Corrected Version of Document # 63 filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR, Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT re #56 MOTION for Summary Judgment filed by MICHAEL MCGLASSON, RONALD E. SPIVEY, THE DURHAM POLICE DEPARTMENT, CORNELL RICHARDS, THE CITY OF DURHAM, #63 SEALED Response to Motion,,, filed by TONY SCOTT, JR., TONY SCOTT, SR. filed by TONY SCOTT, JR, TONY SCOTT, SR, MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. (Attachments: #1 Exhibit 1. T. Scott Depo (Placeholder), #2 Exhibit 2. Richards Depo, #3 Exhibit 3. I.A. Bates (Placeholder), #4 Exhibit 4. Scott, Event Report, #5 Exhibit 5. Body Cam Foot (Placeholder), #6 Exhibit 6. Surv Vid (Placeholder), #7 Exhibit 7. Scott, Incident Report (Placeholder), #8 Exhibit 8, Scott Dismissal (Placeholder), #9 Exhibit 9. Richards Per File (Placeholder), #10 Exhibit 10. McGlasson Per File (Placeholder), #11 Exhibit 11. Scott Cit Complaint)(ROBINSON, SHARIKA) Modified on 12/9/2021 document originally filed 10/28/21 see #63 and was revised in accordance to the court's instruction given at the 11/22/21 Status Conference (Winchester, Robin). Modified on 3/21/2022 to unseal pursuant to #98 Memorandum Opinion and Order. (Carter, Alexus).
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Filing 85
RESPONSE Corrected Version of Document # 62 filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR re #56 MOTION for Summary Judgment filed by MICHAEL MCGLASSON, RONALD E. SPIVEY, THE DURHAM POLICE DEPARTMENT, CORNELL RICHARDS, THE CITY OF DURHAM, #62 Response to Motion,, filed by TONY SCOTT, JR., TONY SCOTT, SR. filed by TONY SCOTT, JR, TONY SCOTT, SR. (Attachments: #1 Exhibit 1. T. Scott Jr. Depo (Placeholder), #2 Exhibit 2. Richards Depo, #3 Exhibit 3. I.A. Bate (Placeholder), #4 Exhibit 4. Scott Event Report, #5 Exhibit 5. Body Cam Foot (Placeholder), #6 Exhibit 6. Surv Vid (Placeholder), #7 Exhibit 7. Scott Incident Report, #8 Exhibit 8. Scott Dismissal (Placeholder), #9 Exhibit 9. Richards Per File (Placeholder), #10 Exhibit 10. McGlasson Per File (Placeholder), #11 Exhibit 11. Scott Cit Complaint)(ROBINSON, SHARIKA) Modified on 12/9/2021 document originally filed 10/28/21 see #62 and was revised in accordance with the court's instructions given at the 11/22/21 Status Conference (Winchester, Robin). (Attachment 2 replaced on 2/17/2022 with version attached at DE# 52-5 to ensure document redactions flattened) (Marsh, Keah)
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Reset Hearing to reflect correct time, which is 9:30 a.m. Final Pretrial Conference set for 1/5/2022 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Filing 84
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 TONY SCOTT, JR. (ROBINSON, SHARIKA) Modified on 12/8/2021 document originally filed 9/27/21 see #54 and was revised in accordance to the court's instruction given at the 11/22/21 Status Conference (Winchester, Robin).
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Filing 83
BRIEF re #81 MOTION for Summary Judgment Resubmission, #82 Brief,, by Plaintiff TONY SCOTT, JR, Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. (Attachments: #1 Exhibit 1. T. Scott Jr. Depo (Placeholder), #2 Exhibit 2. Richards Depo, #3 Exhibit 3. McGlassons Per File (Placeholder), #4 Exhibit 4. I.A. Bate (Placeholder), #5 Exhibit 5. Event Report, #6 Exhibit 6. Incident Report, #7 Exhibit 7. Body Cam Foot (Placeholder), #8 Exhibit 8. Surv Vid (Placeholder), #9 Exhibit 9. Dismissal (Placeholder), #10 Exhibit 10. Richards Per File (Placeholder))(ROBINSON, SHARIKA) Modified on 12/8/2021 document originally filed 9/27/21 see #53 and was revised in accordance to the court's instruction give at the 11/22/21 Status Conference (Winchester, Robin). Modified on 3/21/2022 to unseal pursuant to #98 Memorandum Opinion and Order. (Carter, Alexus).
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Filing 82
BRIEF re #81 MOTION for Summary Judgment Resubmission . (Attachments: #1 Exhibit 1. T. Scott Jr. Depo (Placeholder), #2 Exhibit 2. Richards Depo, #3 Exhibit 3. McGlassons Per File (Placeholder), #4 Exhibit 4. I.A. Bate (Placeholder), #5 Exhibit 5. Event Report, #6 Exhibit 6. Incident Report, #7 Exhibit 7. Body Cam Foot (Placeholder), #8 Exhibit 8. Surv Vid (Placeholder), #9 Exhibit 9. Dismissal (Placeholder), #10 Exhibit 10. Richards Per File (Placeholder))(ROBINSON, SHARIKA) Modified on 12/8/2021 document originally filed 9/27/21 see #52 and was revised in accordance with the court's instructions given at the 11/22/21 Status Conference (Winchester, Robin). (Attachment 2 replaced on 2/17/2022 with version attached at DE# 52-5 to ensure document redactions flattened) (Marsh, Keah)
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Filing 81
MOTION for Summary Judgment Resubmission by TONY SCOTT, JR. (ROBINSON, SHARIKA) Modified on 12/8/2021 to remove response deadline and terminate as a pending motion. Document originally filed 9/27/21 see #51 and was revised in accordance to the court's instruction at the 11/22/21 Status Conference. (Winchester, Robin).
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Filing 80
ORDER signed by JUDGE CATHERINE C. EAGLES on 12/06/2021, that the defendants' motion for summary judgment, Doc. #56 , is: a. GRANTED as to the plaintiff's claims pursuant to 1981, and these claims will be dismissed against all defendants. b. GRANTED as to the plaintiff's claims against the City of Durham for violation of the plaintiff's constitutional rights and these claims will be dismissed. c. DENIED as to all remaining claims. The plaintiffs' motion for summary judgment, Doc. #51 , remains under advisement as to the claims against Michael McGlasson for violation of the plaintiff's constitutional rights and is otherwise DENIED. (Taylor, Abby)
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Filing 79
STIPULATION of Dismissal of Plaintiff Tony Scott, Sr. by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM. (ROSEBORO, JOHN)
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Filing 78
FINAL PRETRIAL DISCLOSURES by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM.(ROSEBORO, JOHN)
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Filing 77
Witness List by TONY SCOTT, JR, TONY SCOTT, SR.(ROBINSON, SHARIKA)
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Filing 76
PLAINTIFFS' EXHIBIT LIST by TONY SCOTT, JR, TONY SCOTT, SR.(ROBINSON, SHARIKA) Modified on 12/6/2021 to add text of title of document. (Taylor, Abby).
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Filing 75
NOTICE of Attorney Appearance by attorney ANNA M. DAVIS on behalf of Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM (DAVIS, ANNA)
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Filing 74
NOTICE of Hearing: Jury Trial set for 1/10/2022 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Filing 73
NOTICE of Hearing: Final Pretrial Conference set for 1/5/2022 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin) Modified on 12/8/2021 to reflect correct time of hearing which is 9:30 AM (Winchester, Robin).
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TEXT ORDER the January 10, 2022 trial date does not change the deadlines in LR 40.1(c) or Fed.R.Civ.P.26(a)(3), which remain in place based on the January 3, 2022 trial date issued by JUDGE CATHERINE C. EAGLES on 11/29/21. (Winchester, Robin)
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Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES in G-3 via Zoom Video Conference. Satus Conference on Motions to Seal held on 11/22/2021. Attorneys Sharika M. Robinson, Julian M. Hall and Michael McGurl appeared as counsel for plaintiff. Attorney John Roseboro appeared as counsel for defendant. The Court disapproves the L.R. 5.5 Report-Joint. Per the court briefs will need to be corrected. The parties are to meet and confer and file a revised or new L.R. 5.5 Report by 12/8/21. (Court Reporter Jane Allen.) (Winchester, Robin)
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Filing 72
Notice of Video Conference Hearing: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Status Conference on Motions to Seal set for 11/22/2021 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Motions Submitted: #56 MOTION for Summary Judgment to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Motions Submitted: #51 MOTION for Summary Judgment to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Filing 71
REPLY, filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR, to Response to #51 MOTION for Summary Judgment filed by TONY SCOTT, JR, TONY SCOTT, SR, MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. (ROBINSON, SHARIKA) Modified on 12/9/2021 document revised 12/8/21 see #89 in accordance to the court's instruction given at the 11/22/21 Status Conference. (Winchester, Robin). Modified on 3/21/2022 to unseal pursuant to #98 Memorandum Opinion and Order. (Carter, Alexus).
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Filing 70
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 TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 11/24/2021 (ROBINSON, SHARIKA)
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Filing 68
REPLY, filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR, to Response to #51 MOTION for Summary Judgment filed by TONY SCOTT, JR, TONY SCOTT, SR. (ROBINSON, SHARIKA) Modified on 12/9/2021 document revised 12/8/21 see #88 in accordance to the court's instruction given at the 11/22/21 Status Conference (Winchester, Robin).
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Filing 67
NOTICE of Hearing: Settlement Conference set for 12/9/2021 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Counsel, clients and individuals with full settlement authority must attend in person. If the case does not settle, the Court will deal with logistical and scheduling issues related to trial. Counsel must confer with all witnesses now and shall advise the Clerk by November 23, 2021 of any dates in January 2022 with conflicts and shall provide a realistic estimate of court time needed. While the Court will attempt to work with counsel on scheduling, that may not be possible. Counsel shall confer now about the form of the verdict sheet and each side shall file proposed verdict sheets with their proposed jury instructions.(Winchester, Robin)
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Filing 66
NOTICE of Trial Calendar Jury Trial set for 1/3/2022 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Williamson, Wanda)
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Motions Submitted: #60 L.R. 5.5 Report-Joint filed by all parties, #54 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 JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 65
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 TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 11/12/2021 (ROBINSON, SHARIKA)
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Filing 64
SEALED EXHIBITS re #63 SEALED Response to Motion,,, by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR, Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. (Attachments: #1 Exhibit A1- Richards Per File (part 1), #2 Exhibit A2- Richards Per File (part 2), #3 Exhibit A3- Richards Per File (part 3), #4 Exhibit A4- Richards Per File (part 4))(ROBINSON, SHARIKA)
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Filing 63
RESPONSE to Defendants MSJ filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR, Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT re #56 MOTION for Summary Judgment filed by MICHAEL MCGLASSON, RONALD E. SPIVEY, THE DURHAM POLICE DEPARTMENT, CORNELL RICHARDS, THE CITY OF DURHAM filed by TONY SCOTT, JR, TONY SCOTT, SR, MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. Replies due by 11/12/2021 (Attachments: #1 Exhibit Index, #2 Exhibit A- Richards Per File, #3 Exhibit B- McGlasson Per File, #4 Exhibit C- Tony Scott Jr. Depo, #5 Exhibit D- Karmisha Wallace Depo, #6 Exhibit E- Incident Report, #7 Exhibit F- DPD Cit Report)(ROBINSON, SHARIKA) Modified on 12/9/2021 document revised 12/8/21 see #86 in accordance to the court's instruction given at the 11/22/21 Status Conference (Winchester, Robin). Modified on 3/21/2022 to unseal all documents but 63-3 pursuant to #98 Memorandum Opinion and Order. (Carter, Alexus).
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Filing 62
RESPONSE (Redacted) to Defendants MSJ filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR re #56 MOTION for Summary Judgment filed by MICHAEL MCGLASSON, RONALD E. SPIVEY, THE DURHAM POLICE DEPARTMENT, CORNELL RICHARDS, THE CITY OF DURHAM filed by TONY SCOTT, JR, TONY SCOTT, SR. Replies due by 11/12/2021 (Attachments: #1 Exhibit A- Richards Per File (Placeholder), #2 Exhibit B- McGlasson Per File (Placeholder), #3 Exhibit C- Tony Scott Depo (Placeholder), #4 Exhibit D- Karmisha Wallace Depo (Placeholder), #5 Exhibit E- Incident Report (Placeholder), #6 Exhibit F- DPD Citizens Report (Placeholder))(ROBINSON, SHARIKA) Modified on 10/29/2021 to add redacted to event name. (Hicks, Samantha) Modified on 12/9/2021 document revised 12/8/21 see #85 in accordance to the court's instruction given at the 11/22/21/ Status Conference. (Winchester, Robin).
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Filing 61
RESPONSE in Opposition re #51 MOTION for Summary Judgment filed by TONY SCOTT, JR., TONY SCOTT, SR. filed by MICHAEL MCGLASSON, CORNELL RICHARDS, RONALD E. SPIVEY, THE CITY OF DURHAM. Replies due by 11/10/2021 (Attachments: #1 Exhibit Pls.' Ans. to C. Richards Interrogs.)(ROSEBORO, JOHN)
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Motions Referred: RE: #60 L.R. 5.5 Report-Joint filed by all parties, #54 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 (Winchester, Robin)
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TEXT ORDER issued by MAG/JUDGE JOE L. WEBSTER on 10/26/21, Denying as Moot #42 Motion to Compel Discovery. The parties have communicated to the Court that the discovery disputes have been resolved(Garrett, Kim)
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Email notification from parties on 10/25/2021 stating parties have resolved discovery disputes and the hearing to be set for 10/26/2021 as indicated in Text Order entered 10/22/2021 by Judge Webster will not be needed. (Garrett, Kim)
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TEXT ORDER. The parties are ORDERED to meet and confer no later than Monday, October 25, 2021, at noon in an attempt to resolve issues pertaining to #42 Defendant City of Durham's Motion to Compel. Thereafter, parties shall submit to the Court a list of unresolved issues, if any, no later than Monday, October 25, 2021, at 2:00 pm. If there are any issues that remain unresolved, the Court will schedule this matter for a videoconference hearing on Tuesday, October 26, 2021, at 10:00 am. Issued by MAG/JUDGE JOE L. WEBSTER on 10/22/2021. (Pender, Rachel)
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Filing 60
L.R. 5.5 Report-Joint filed by all parties by MICHAEL MCGLASSON, CORNELL RICHARDS, RONALD E. SPIVEY, THE CITY OF DURHAM. (Attachments: #1 Joint Alternative Proposal for Filing Sealed Documents)(ROSEBORO, JOHN)
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Filing 59
RESPONSE to Plaintiffs' Motion to Seal filed by Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, Mediator RONALD E. SPIVEY re #54 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).] filed by TONY SCOTT, JR., TONY SCOTT, SR. filed by MICHAEL MCGLASSON, CORNELL RICHARDS, RONALD E. SPIVEY, THE CITY OF DURHAM. (Attachments: #1 Exhibit, #2 Joyce Baker Declaration)(ROSEBORO, JOHN)
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Filing 58
NOTICE by MICHAEL MCGLASSON, CORNELL RICHARDS, RONALD E. SPIVEY, THE CITY OF DURHAM Notice of Manual Filing of Videos (ROSEBORO, JOHN)
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Filing 57
Defendants' Summary Judgment BRIEF . (Attachments: #1 Affidavit M. McGlasson Decl, #2 Exhibit Ex. 2A to M. McGlasson Decl, #3 Exhibit Ex. 2B to M. McGlasson Decl., #4 Exhibit Ex. 2C to M. McGlasson Decl., #5 Affidavit R. Hinton Decl., #6 Exhibit Ex. 1 to R. Hinton Decl., #7 Exhibit Ex. 2 to R. Hinton Decl., #8 Exhibit Ex. 3 to R. Hinton Decl, #9 Exhibit Ex. 4 to R. Hinton Decl., #10 Exhibit Ex. 5 to R. Hinton Decl., #11 Exhibit Ex. 7 to R. Hinton Decl., #12 Affidavit S. Pennica Decl., #13 Exhibit Ex. 1 to S. Pennica Decl., #14 Exhibit W. Logan Dep., #15 Exhibit T. Scott, Jr. Dep., #16 Exhibit Pls.' Resp. to Def. C. Richards Interrogs., #17 Exhibit Pls.' Suppl. Resp. to Defs.' Interrogs., #18 Exhibit Pls.' Resp. to Def. City of Durham's Interrogs., #19 Exhibit Ex. 1 to M. McGlasson Decl., #20 Exhibit Ex. 6 to R. Hinton Decl.)(ROSEBORO, JOHN)
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Filing 56
MOTION for Summary Judgment by MICHAEL MCGLASSON, CORNELL RICHARDS, RONALD E. SPIVEY, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. Response to Motion due by 10/27/2021 (ROSEBORO, JOHN)
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Filing 55
NOTICE of Manual Filing Exhibits A,B,C,D by flashdrive and/or in paper form with the Clerk's Office (ROBINSON, SHARIKA)
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Filing 54
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 TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 10/12/2021 (ROBINSON, SHARIKA) Modified on 12/8/2021 document revised 12/7/21 see #84 in accordance to the court's instruction given at the 11/22/21 Status Conference (Winchester, Robin).
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Filing 53
BRIEF re #51 MOTION for Summary Judgment by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR, Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. (Attachments: #1 Exhibit Index, #2 Exhibit A- IA Bate Stamped(Placeholder), #3 Exhibit B- Body Cam Footage(Placeholder), #4 Exhibit C- Store Video Surv.(Placeholder), #5 Exhibit D- Richards Depo.(Placeholder), #6 Exhibit E- Dismissal, #7 Exhibit F- Kornegay Eval)(ROBINSON, SHARIKA) Modified on 12/8/2021 document revised 12/7/21 see #83 in accordance to the court's instruction given at the 11/22/21 Status Conference. (Winchester, Robin). Modified on 3/21/2022 to unseal pursuant to #98 Memorandum Opinion and Order. (Carter, Alexus).
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Filing 52
BRIEF re #51 MOTION for Summary Judgment . (Attachments: #1 Exhibit Index, #2 Exhibit A- IA Bate Stamped(Placeholder, #3 Exhibit B- Body Cam Footage(Placeholder), #4 Exhibit C- Store Video Surv.(Placeholder), #5 Exhibit D-Richards Depo.(Redacted), #6 Exhibit E- Dismissal, #7 Exhibit F- Kornegay Eval)(ROBINSON, SHARIKA) Modified on 12/8/2021 document revised 12/7/21 see #82 in accordance to the court's instruction given at the 11/22/21 Status Conference (Winchester, Robin).
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Filing 51
MOTION for Summary Judgment by TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 10/27/2021 (ROBINSON, SHARIKA) Modified on 12/8/2021 document revised 12/7/21 see #81 in accordance to the court's instruction given at the 11/22/21 Status Conference. (Winchester, Robin).
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Motions Referred: RE: #42 MOTION to Compel Discovery , to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin)
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Filing 50
NOTICE of Intent to File Dispositive Motions by Defendants MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM (ROSEBORO, JOHN)
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Filing 49
REPLY, filed by Defendant THE CITY OF DURHAM, to Response to #42 MOTION to Compel Discovery filed by THE CITY OF DURHAM. (Attachments: #1 Exhibit 5 (Aug. 27, 2021 Email from J. Roseboro to S. Robinson))(ROSEBORO, JOHN)
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Filing 48
NOTICE of Intent to File Dispositive Motions by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR (ROBINSON, SHARIKA)
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Filing 47
ORDER that the plaintiffs' second motion for leave to file an amended complaint, Doc. #40 , is DENIED. Signed by JUDGE CATHERINE C. EAGLES on 09/13/2021.(Taylor, Abby)
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Filing 46
RESPONSE filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR re #42 MOTION to Compel Discovery filed by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, #43 Brief filed by TONY SCOTT, JR, TONY SCOTT, SR. Replies due by 9/17/2021 (Attachments: #1 Exhibit August 27 Email re Conference, #2 Exhibit Supplemental Responses, #3 Exhibit Responses, #4 Exhibit August 27 Email re Video)(ROBINSON, SHARIKA) Modified on 9/10/2021 to correct reply date. (Hicks, Samantha)
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Reset Reply Deadline re #42 MOTION to Compel Discovery. Replies due by 9/17/2021. (Hicks, Samantha)
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Filing 45
NOTICE of Hearing: Master Trial Calendar: JANUARY 3, 2022 Jury Trial set for 1/3/2022 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. A settlement conference in the above-referenced case will be set for a date at approximately 30 days before the commencement of the Master Calendar term. Counsel are directed to bring their clients and a representative from the corporations to the settlement conference.The parties shall comply in all respects with Fed. R. Civ. P. 26(a)(3) regarding final pretrial disclosure, including the time requirements set out therein. Unless the court orders otherwise, pretrial disclosures must be made no later than December 3, 2021. Motions in limine must be filed no later than December 10, 2021. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no laterthan December 17, 2021. Each party shall file a trial brief, along with proposed instructions on the issues no later than December 13, 2021. Counsel shall consult and endeavor to file one (1) set of agreed upon jury instructions to the extent practicable and may file competing jury instructions where there is disagreement. An electronic Word version of the jury instructions shall be emailed to the assigned district judges ECF mailbox.(Winchester, Robin)
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Motions Submitted: #40 MOTION for Leave to File Second Amended Complaint to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 44
Opposing BRIEF re #40 MOTION for Leave to File Second Amended Complaint . (ROSEBORO, JOHN)
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Filing 43
BRIEF re #42 MOTION to Compel Discovery . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(ROSEBORO, JOHN)
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Filing 42
MOTION to Compel Discovery by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM. Response to Motion due by 9/10/2021 (ROSEBORO, JOHN) Modified on 9/13/2021 to remove Ronald E. Spivey as filing party. (Marsh, Keah)
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Filing 41
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 08/27/2021, that the motions for judgment on the pleadings, Docs. #29 and #32 , are GRANTED in part and DENIED in part, as follows: All claims against defendants Michael McGlasson and Cornell Richards in their official capacities only are DISMISSED as duplicative of the claims against the City of Durham; All claims against the Durham Police Department are DISMISSED. Claim Three is DISMISSED to the extent it asserts a 1981 cause of action for violation of the plaintiffs rights to enter into and enforce contracts, but to the extent Claim Three asserts a 1981 cause of action for race-based disparate treatment that claim will proceed. The motion is otherwise DENIED.(Taylor, Abby)
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TEXT ORDER denying #35 Motion to Compel Discovery Under Rule 37(a). Plaintiff seeks an order from this Court requiring Mr. John Roseboro, defense counsel, to refrain from consulting with his client deponents about their testimony during deposition breaks. However, based upon review of the motion and Defendants' response, the undersigned concludes that there has been no violation of the federal or local rules on conducting depositions nor is there any reason to impose sanctions for impeding, delaying, or frustrating the fair examination of a deponent. See Fed. R. Civ. P. 30(c)(1); Fed. R. Civ. P. 30(d)(2); L.R. 30.1. In fact, Plaintiff's request is contrary to Local Rule 30.1(3) which states that "[c]ounsel may confer with their clients during... breaks in the deposition." L.R. 30.1(3). The rule however is restricted such that "counsel for a deponent may not request such a break while a question is pending or while there continues a line of questioning that may be completed within a reasonable time preceding such scheduled breaks." (Id.) In any event, the parties are reminded to adhere to the federal civil procedure rules and local rules of this Court, are expected to work cooperatively and civilly in all aspects of discovery, and should attempt to resolve discovery disputes without court intervention. Issued by MAG/JUDGE JOE L. WEBSTER on 08/26/2021. (Geissler, Rachel)
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Set Motion Deadline re #40 MOTION for Leave to File Second Amended Complaint. Response due by 9/3/2021. (Marsh, Keah)
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 8/17/2021. Any brief in opposition to to the motion to file a second amended complaint, Doc. 40, shall be filed no later than August 30, 2021, and any reply brief must be filed no later than September 7, 2021.(Winchester, Robin)
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Motions Referred: RE: #35 MOTION to Compel Discovery , to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin)
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Filing 40
MOTION for Leave to File Second Amended Complaint against All Defendants, filed by TONY SCOTT, JR, TONY SCOTT, SR. (Attachments: #1 Supplement 2nd Motion to Amend Complaint)(ROBINSON, SHARIKA) Modified on 8/17/2021 to reflect main document is a motion. (Marsh, Keah)
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Filing 39
Additional Attachments to Main Document re #38 Response in Opposition to Motion, Jul. 23, 2021 email from S. Robinson to Judge Eagles. (ROSEBORO, JOHN)
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Filing 38
RESPONSE in Opposition re #35 MOTION to Compel Discovery filed by TONY SCOTT, JR., TONY SCOTT, SR. filed by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. Replies due by 8/13/2021 (ROSEBORO, JOHN) Modified on 8/9/2021 to correct the reply deadline. (Taylor, Abby).
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Motions Submitted: #29 MOTION for Judgment on the Pleadings to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Filing 37
RESPONSE filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR re #32 MOTION for Judgment on the Pleadings filed by CORNELL RICHARDS filed by TONY SCOTT, JR, TONY SCOTT, SR. Replies due by 8/19/2021 (ROBINSON, SHARIKA)
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Filing 36
(FILED IN ERROR SEE DOC. 37) REPLY, filed by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR, to Response to #32 MOTION for Judgment on the Pleadings filed by TONY SCOTT, JR, TONY SCOTT, SR. (ROBINSON, SHARIKA) Modified on 8/6/2021 (Winchester, Robin).
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Motions Referred: RE: #34 MOTION for Extension of Time to Complete Discovery , #35 MOTION to Compel Discovery , to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin)
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TEXT ORDER granting #34 Plaintiffs' Motion for an Extension of Time to Complete Discovery. For good cause shown, the deadlines for the completion of discovery and the filing of dispositive motions are hereby extended by 30 days. Accordingly, the deadline for the completion of discovery is August 27, 2021, and the parties shall have up to and including September 27, 2021 to file their dispositive motions and supporting materials. No further extensions shall be granted absent serious illness or other similar circumstances. Issued by MAG/JUDGE JOE L. WEBSTER on 07/26/2021. (Geissler, Rachel)
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Filing 35
MOTION to Compel Discovery by TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 8/6/2021 (ROBINSON, SHARIKA)
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Filing 34
MOTION for Extension of Time to Complete Discovery by TONY SCOTT, JR, TONY SCOTT, SR. (Attachments: #1 Text of Proposed Order Proposed Order)(ROBINSON, SHARIKA)
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Filing 33
Defendant Cornell Richards' BRIEF re #32 MOTION for Judgment on the Pleadings . (ROSEBORO, JOHN)
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Filing 32
MOTION for Judgment on the Pleadings by CORNELL RICHARDS. Response to Motion due by 8/5/2021 (ROSEBORO, JOHN)
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Filing 31
RESPONSE in Opposition re #30 Brief, #29 MOTION for Judgment on the Pleadings filed by MICHAEL MCGLASSON, THE DURHAM POLICE DEPARTMENT, THE CITY OF DURHAM filed by TONY SCOTT, JR, TONY SCOTT, SR. Replies due by 7/21/2021 (ROBINSON, SHARIKA)
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Filing 30
Defendants City of Durham, Durham Police Department, and Michael McGlasson BRIEF re #29 MOTION for Judgment on the Pleadings . (ROSEBORO, JOHN)
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Filing 29
MOTION for Judgment on the Pleadings by MICHAEL MCGLASSON, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. Response to Motion due by 7/7/2021 (Attachments: #1 Exhibit Warrant for Arrest, #2 Exhibit Dismissal of Charges, #3 Exhibit Ltr. from M.K. Bond to T. Scott)(ROSEBORO, JOHN) (Main Document 29 replaced on 6/17/2021 with correct pdf image) (Taylor, Abby).
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Filing 28
PROTECTIVE ORDER. Signed by MAG/JUDGE JOE L. WEBSTER on 6/16/21. (Garrett, Kim)
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TEXT ORDER issued by MAG/JUDGE JOE L. WEBSTER on 6/16/21, Granting in Part, Denying in Part #24 Motion for Sanctions and to Compel Discovery; Granting #25 Motion for Telephone Conference; Granting in Part #27 Motion for Protective Order. A hearing was held on June 15, 2021 regarding Plaintiffs Motion for Sanctions and to Compel Discovery, and Defendants Motion for Protective Order. After discussing the parties positions regarding both motions, counsel for both parties briefly met and conferred to resolve any disputes surrounding an agreement on a joint protective order. After further discussion, the parties were able to reach an agreement on a joint protective order, effectively resolving the issues related to Plaintiffs motion to compel. Based upon the representations of the parties and having reviewed the joint protective order, IT IS ORDERED that Defendants Motion for Protective Order is GRANTED to the extent that the Court will enter the joint protective order submitted to the Court (after the telephone conference) setting forth the use of confidential materials in this matter. In light of the entry of the protective order, IT IS FURTHER ORDERED that Plaintiffs Motion to Compel is GRANTED to the extent that Defendants shall respond to Plaintiffs remaining Request for Production of Documents and First Set of Interrogatories no later than Friday, June 18, 2021 at 5:00 pm. Plaintiffs requests for attorneys fees and other sanctions under Federal Rule of Civil Procedure 37 and 28 U.S.C. 1927 is denied. The parties are reminded to work diligently, cooperatively, and expeditiously on any remaining discovery matters. The discovery deadline is July 28, 2021, and the parties should not anticipate further extensions of discovery absent reasonable use of the time already permitted for discovery, particularly given the fact that discovery commenced nearly 8 months ago. Failure of either party to comply with this order or to work cooperatively with one another to resolve further disputes may result in the Court considering sanctions in the matter. (Garrett, Kim)
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Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Telephone Conference held on 6/15/2021. Attorney's Julian Hall, Sharika Robinson and Michael McGurl present on call for Plaintiffs, Attorney John Roseboro present on call for Defendants. The parties shall have until Wednesday, June 16, 2021 to submit a Joint Protective Order for the Court's consideration. Proceedings recorded. (Garrett, Kim)
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Motions Referred: RE: #27 MOTION for Protective Order to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene)
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Filing 27
MOTION for Protective Order by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. Response to Motion due by 6/25/2021 (Attachments: #1 Exhibit Attorney Emails)(ROSEBORO, JOHN) Modified on 9/13/2021 to remove Ronald E. Spivey as filing party. (Marsh, Keah)
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Filing 26
REVISED STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Email notification to all parties on record Setting Hearings: Telephone Conference set for 6/15/2021 10:00 AM before MAG/JUDGE JOE L. WEBSTER. Parties emailed call instructions. (Garrett, Kim)
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Email Notice held on 6/4/2021 by Defendant's Attorney John Roseboro stating Defendants consent to the motion to compel being ruled upon via telephone conference. (Garrett, Kim)
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Motions Referred: RE: #25 MOTION for Telephone Conference re Plaintiffs' Motion to Compel Discovery, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Filing 25
MOTION for Telephone Conference re Plaintiffs' Motion to Compel Discovery by TONY SCOTT, JR, TONY SCOTT, SR. Responses due by 6/23/2021 (Attachments: #1 Proposed Order)(ROBINSON, SHARIKA)
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Filing 24
MOTION to Compel Discovery by TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 6/9/2021 (Attachments: #1 Brief in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(ROBINSON, SHARIKA)
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Filing 23
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 05/10/2021, that Defendant City of Durham is authorized to produce employee personnel records and records of criminal investigations. (Garland, Leah)
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Motions Referred: RE: #22 Joint MOTION to Produce Employee Personnel Records and Records of Criminal Investigations to MAG/JUDGE JOE L. WEBSTER (Sanders, Marlene)
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Filing 22
Joint MOTION to Produce Employee Personnel Records and Records of Criminal Investigations by MICHAEL MCGLASSON, CORNELL RICHARDS, v THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. Response to Motion due by 5/27/2021 (Attachments: #1 Text of Proposed Order Consent Order)(ROSEBORO, JOHN) Modified on 9/13/2021 to remove Ronald E. Spivey as a filing party. (Marsh, Keah)
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Filing 21
ANSWER to Amended Complaint by MICHAEL MCGLASSON, CORNELL RICHARDS, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. (ROSEBORO, JOHN) Modified on 9/13/2021 to remove Ronald E. Spivey as filing party. (Marsh, Keah)
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Filing 20
AMENDED COMPLAINT against defendant All Defendants, filed by TONY SCOTT, JR, TONY SCOTT, SR.(ROBINSON, SHARIKA)
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Filing 19
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 02/19/2021, that Plaintiffs' Motion for Leave to File Amended Complaint (Docket Entry #18 ) is GRANTED. Plaintiffs shall file the Amended Complaint (as attached as an exhibit to the Motion) as a separate document no later than five (5) days from the date of this Order.(Taylor, Abby)
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Motions Referred: RE: #18 MOTION to Amend #1 Complaint, to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene)
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Filing 18
MOTION to Amend #1 Complaint, by TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 2/16/2021 (Attachments: #1 Proposed Amended Complaint, #2 Amended Complaint Redline)(ROBINSON, SHARIKA)
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Filing 17
ORDER Appointing RONALD E. SPIVEY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita)
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Filing 16
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 10/29/2020, that the Joint Rule 26(f) Report (Docket Entry #15 ) submitted by the parties is approved with the following modifications as set out. FURTHER ORDERED that the Individual Rule 26(f) Reports (Docket Entries #13 , #14 ) submitted by the parties shall be TERMINATED. Discovery shall be established as Complex. The parties have already mediated this matter and have agreed to maintain contact with said mediator should the matter deserve particular attention to mediation before the close of discovery. The parties agree that the mediator shall be Ronald Spivey. The parties do not consent to a Magistrate Judge trying and disposing of this case. Plaintiff's Amended Pleadings due by 1/28/2021, Defendant's Amended Pleadings due by 1/28/2021, Discovery due by 7/28/2021, Joinder of Parties for Plaintiff due by 1/28/2021, Joinder of Parties for Defendant due by 1/28/2021, Dispositive Motions due by 8/27/2021. (Garland, Leah)
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CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. (Kemp, Donita)
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MEDIATION SCHEDULING ORDER; Mediation due by 7/28/2021.(Kemp, Donita)
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Motions Referred: RE: #15 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Filing 15
Rule 26(f) Report (Joint) filed by all parties by TONY SCOTT, JR, TONY SCOTT, SR. (ROBINSON, SHARIKA)
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Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Initial Pretrial Conference held on 10/21/2020. Attorney Julian Hall and Sharika Robinson present for Plaintiff. Attorney John Roseboro present for Defendants. The Court allowed parties to consult. Upon return parties informed the Court an agreement was reached as to a Joint 26(f) Report. The Court allowed parties until 10/23/2020 to file the Joint Rule 26(f) Report. Proceedings recorded. (Garrett, Kim)
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Filing 14
Rule 26(f) Report (Individual). by TONY SCOTT, JR, TONY SCOTT, SR. Response to Motion due by 11/9/2020 (ROBINSON, SHARIKA)
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Motions Referred: RE: #13 Rule 26(f) Report (Individual), #14 Rule 26(f) Report (Individual), to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Filing 13
Rule 26(f) Report (Individual). Response to Motion due by 11/6/2020 by MICHAEL MCGLASSON, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT.(ROSEBORO, JOHN)
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Motions Referred: RE: #12 MOTION to Continue , to MAG/JUDGE JOE L. WEBSTER (Williamson, Wanda)
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TEXT ORDER granting #12 Motion to Continue Initial Pretrial Conference currently set for 9/23/2020 until 10/21/2020 at 9:30 am in Durham, N.C.Issued by MAG/JUDGE JOE L. WEBSTER on 9/22/20.(Garrett, Kim)
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Reset /Hearings: Initial Pretrial Conference reset for 10/21/2020 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
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Filing 12
MOTION to Continue by TONY SCOTT, JR, TONY SCOTT, SR. Responses due by 10/13/2020 (ROBINSON, SHARIKA)
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Filing 11
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 9/23/2020 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
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Filing 10
ANSWER to #1 Complaint, with Jury Demand by MICHAEL MCGLASSON, THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT. (ROSEBORO, JOHN)
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Filing 9
WAIVER OF SERVICE Returned Executed by TONY SCOTT, JR, TONY SCOTT, SR. All Defendants. (ROBINSON, SHARIKA)
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Filing 8
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie)
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Filing 7
Summons Issued as to THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT, MICHAEL MCGLASSON. (Attachments: #1 Summons - Durham Police Department, #2 Summons - Officer Michael McGlasson) (Sheets, Jamie)
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Filing 6
STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES (Sanders, Marlene)
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Filing 5
NOTICE of Appearance by attorney JULIAN M. HALL on behalf of Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR (HALL, JULIAN)
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Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)
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Filing 4
***FILED IN ERROR*** AMENDED COMPLAINT against defendant All Defendants, filed by TONY SCOTT, JR, TONY SCOTT, SR. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Appendix Index, #3 Exhibit Felony Warrant for the Arrest of Tony Scott, #4 Exhibit Dismissal of Charges Against Tony Scott, #5 Exhibit Notice to Tony Scott of Outcome of Internal Affairs Investigation)(ROBINSON, SHARIKA) Modified on 6/22/2020 to mark filed in error per attorney - duplicate. (Sheets, Jamie)
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Filing 3
PRAECIPE TO ISSUE SUMMONS re #1 Complaint, by Plaintiffs TONY SCOTT, JR, TONY SCOTT, SR. (Attachments: #1 Supplement Summons, #2 Supplement Summonses)(ROBINSON, SHARIKA)
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Filing 2
Corporate Disclosure Statement by TONY SCOTT JR., TONY SCOTT SR. (Attachments: #1 Supplement Tony Scott Jr. Dis, #2 Civil Cover Sheet) (ROBINSON, SHARIKA)
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Filing 1
COMPLAINT against THE CITY OF DURHAM, THE DURHAM POLICE DEPARTMENT, MICHAEL MCGLASSON (Filing fee $ 400 receipt number 0418-2827535), filed by TONY SCOTT JR., TONY SCOTT SR. (Attachments: #1 Appendix Index, #2 Exhibit Felony Warrant for the Arrest of Tony Scott, #3 Exhibit Dismissal of Charges Against Tony Scott, #4 Exhibit Notice to Tony Scott of Outcome of Internal Affairs Investigation) (ROBINSON, SHARIKA)
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