DRUMWRIGHT et al v. COLE et al
| Rev. GREGORY B. DRUMWRIGHT, Edith Ann Jones, MELANIE MITCHELL, ASHLEY REED BATTEN, FAITH COOK, AVERY HARVEY, GREGORY DRUMWRIGHT, JANET NESBITT, ERNESTINE LEWIS WARD, EDITH WARD, JUSTICE FOR THE NEXT GENERATION, QUENCLYN ELLISON, ALAMANCE ALLIANCE FOR JUSTICE, COREY MOORE, JASMINE BREEDEN and BRENDEN KEE |
| SHERIFF TERRY S. JOHNSON, Chief Mary Kristy Cole, JONATHAN FRANKS, CLIFF PARKER, JOAQUIN VELEZ, MARY KRISTINE COLE, ALAMANCE COUNTY SHERIFF'S DEPUTIES JOHN AND JANE DOES #1 through #20, CITY OF GRAHAM, TERRY JOHNSON, GRAHAM POLICE OFFICERS JOHN AND JANE DOES #21 through #40, GRAHAM POLICE OFFICERS JOHN AND JANE DOES #21-40, BARBARA TOMEY, CHAD MARTIN, DANIEL NICHOLS, JAMES R. MCCLELLAND, RANDY DENHAM, DAVID SYKES, CHIP COBB, PETER TRIOLO, JOHN STRICKLAND, MARK JOHNSON, JASON TEAGUE, MARK DOCKERY, BRANDON KILMER, CHANDLER WEGER, JAMES R. MCVEY, TAYLOR HOPKINS, DUANE FLOOD, RODNEY KING, JUSTIN HOPKINS, NOAH SAKIN, SCOTT NEUDECKER, ERIC JORDAN, ROBERT PARKS, JOSHUA PAYNE, JOHN WAY, KEITH KIRKMAN, CHAD BOGGS, CHRISTOPHER DENNY and BRANDON LAND |
| 1:2020cv00998 |
| November 2, 2020 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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| Filing 147 STIPULATION of Dismissal of Case With Prejudice by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (MEDLOCK, STEPHEN) |
Filing 146
ORDER GRANTING CONSENT MOTION TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT signed by JUDGE CATHERINE C. EAGLES on 6/23/2022; Plaintiffs' Consent Motion to Retain Jurisdiction to Enforce Settlement Agreement, Doc. #137 , is GRANTED. This Court retains exclusive jurisdiction over all matters relating to the interpretation, administration, implementation, effectuation, and enforcement of the parties' settlement agreement. (Carter, Alexus)
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| Receipt of Funds in the amount of $ 35,463.16. Receipt Number: NCM057865. LP Number: 1145. (Carter, Alexus) |
| Receipt of Funds in the amount of $ 35,463.16. Receipt Number: NCM057852. LP Number: 1145 (Carter, Alexus) |
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Filing 145
SEALED ORDER signed by JUDGE CATHERINE C. EAGLES on 6/17/2022. (Garland, Leah)
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Filing 144
ORDER signed by JUDGE CATHERINE C. EAGLES on 6/17/2022, that the motion, Doc. #138 , is GRANTED, the settlement is approved as in the best interests of the minor plaintiffs, and the Clerk is authorized to receive $70,926,32 from the defendants, to deposit the money in the Court Registry Investment System to earn interest pursuant to LR 67.1, and to hold $17,731.58 for each minor until the minor reaches the age of 18, subject to further order of the Court. A separate order will be entered under seal with the names and other personal identifying information of the minor plaintiffs for the Clerk's use in paying out the settlement funds. (Garland, Leah)
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| Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Fairness hearing held on 6/14/2022. The pending motions Docs. #137 and #138 are granted for the reasons stated in open court. Written orders forthcoming. Upon entry of those orders the Clerk is directed to terminate and close the case subject to motion to reopen. Attorneys Kristi Graunke, Jaclyn Maffetore and Stephen Medlock present as counsel for plaintiffs. Attorney Adam Banks present as counsel on behalf of the City of Graham and Georgia Malik present as counsel on behalf of the Alamance County Sheriff's Office. (Court Reporter Jane Allen.) (Winchester, Robin) |
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Filing 143
ORDER GRANTING PLAINTIFFS' CONSENT MOTION TO EXTEND DEADLINE FOR FILING STIPULATION OF DISMISSAL Signed by JUDGE CATHERINE C. EAGLES on 6/13/2022, For good cause shown, Plaintiffs' Consent Motion to Extend Deadline for Filing Stipulation of Dismissal with Prejudice is GRANTED. This Court extends the deadline for filing a stipulation of dismissal to June 27, 2022. (Carter, Alexus)
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| Filing 142 Consent MOTION for Extension of Time to File Stipulation of Dismissal by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (Attachments: #1 Text of Proposed Order)(MEDLOCK, STEPHEN) |
| Motions Submitted: #142 Consent MOTION for Extension of Time to File Stipulation of Dismissal to JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
| Filing 141 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants CHIP COBB, RANDY DENHAM, MARK DOCKERY, TAYLOR HOPKINS, MARK JOHNSON, TERRY JOHNSON, BRANDON KILMER, CHAD MARTIN, JAMES R. MCCLELLAND, JAMES R. MCVEY, DANIEL NICHOLS, JOHN STRICKLAND, DAVID SYKES, JASON TEAGUE, BARBARA TOMEY, PETER TRIOLO, CHANDLER WEGER. GEORGIA H. MALIK is substituted as counsel for Defendants. Attorney PAUL GERARD GESSNER terminated. (MALIK, GEORGIA) |
| Filing 140 AMENDED NOTICE of Hearing: Fairness Hearing set for 6/14/2022 02:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Counsel/GAL should be prepared to address whether there were medical bills and if so provide some documentation about injuries.(Winchester, Robin) |
| Filing 139 NOTICE of Hearing: Fairness hearing set for 6/14/2022 02:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Counsel/GAL should be prepared to address whether there were medical bills and if so provide some documentation about injuries. (Winchester, Robin) |
| Motions Submitted: #137 Consent MOTION To Retain Jurisdiction to Enforce Settlement Agreement and , #138 Consent MOTION to Approve Settlement Agreement and to Excuse Certain Counsel from Approval Hearing to JUDGE CATHERINE C. EAGLES. (Winchester, Robin) |
| Filing 138 Consent MOTION to Approve Settlement Agreement and to Excuse Certain Counsel from Approval Hearing by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (Attachments: #1 Brief in Support, #2 Declaration of Stephen M. Medlock, #3 Exhibit A - Settlement Agreement, #4 Text of Proposed Order)(MEDLOCK, STEPHEN) |
| Filing 137 Consent MOTION To Retain Jurisdiction to Enforce Settlement Agreement by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. Response to Motion due by 6/13/2022 (Attachments: #1 Brief in Support, #2 Declaration of Stephen M. Medlock, #3 Exhibit A- Settlement Agreement, #4 Text of Proposed Order)(MEDLOCK, STEPHEN) |
| Filing 136 REPORT OF MEDIATOR from Thomas C. Duncan - Mediation Held on 5/17/2022. Complete settlement of the case. All claims are settled. Settlement of the minor's claims is subject to court approval. (Bond, Melisa) |
| Case Reported Settled at Mediation. (Bond, Melisa) |
| Case Reported Settled via email by Tom Duncan, Mediator. Stipulation of Dismissal due by 6/13/2022, with deadlines stayed pending dismissal. (Winchester, Robin) |
| Filing 135 NOTICE by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, THOMAS C. DUNCAN, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD SUBSTITUTION OF COUNSEL (HADDIX, ELIZABETH) |
| Filing 134 NOTICE of Special Appearance by attorney DORIAN L SPENCE on behalf of Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD ( Filing fee $ 25 receipt number ANCMDC-3285116.) (SPENCE, DORIAN) |
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Filing 133
ORDER GRANTING A TEMPORARY STAY AND MODIFYING DEADLINES signed by JUDGE CATHERINE C. EAGLES on 4/12/2022; as set out herein. (Carter, Alexus)
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| Motions Submitted: #132 JOINT MOTIONfor Stay Pending Settlement Negotiations to JUDGE CATHERINE C. EAGLES. (Winchester, Robin) |
| Filing 132 JOINT MOTIONfor Stay Pending Settlement Negotiations by CHAD BOGGS, CITY OF GRAHAM, MARY KRISTINE COLE, CHRISTOPHER DENNY, DUANE FLOOD, JONATHAN FRANKS, JUSTIN HOPKINS, ERIC JORDAN, RODNEY KING, KEITH KIRKMAN, BRANDON LAND, SCOTT NEUDECKER, ROBERT PARKS, JOSHUA PAYNE, NOAH SAKIN, JOAQUIN VELEZ, JOHN WAY. (Attachments: #1 Text of Proposed Order)(BILLER, ANTHONY) |
| Filing 131 NOTICE by CHAD BOGGS, CITY OF GRAHAM, MARY KRISTINE COLE, CHRISTOPHER DENNY, DUANE FLOOD, JONATHAN FRANKS, JUSTIN HOPKINS, ERIC JORDAN, RODNEY KING, KEITH KIRKMAN, BRANDON LAND, SCOTT NEUDECKER, ROBERT PARKS, JOSHUA PAYNE, NOAH SAKIN, JOAQUIN VELEZ, JOHN WAY re #105 Answer to Amended Complaint, #108 Answer to Amended Complaint, #104 Answer to Amended Complaint, #96 Answer to Amended Complaint, #99 Answer to Amended Complaint, #101 Answer to Amended Complaint, #110 Answer to Amended Complaint, #103 Answer to Amended Complaint, #97 Answer to Amended Complaint, #111 Answer to Amended Complaint, #109 Answer to Amended Complaint, #107 Answer to Amended Complaint, #100 Answer to Amended Complaint, #102 Answer to Amended Complaint, #98 Answer to Amended Complaint, #130 Answer to Amended Complaint, #106 Answer to Amended Complaint Notice of Correction (BANKS, ADAM) |
| Filing 130 ANSWER to Amended Complaint by JUSTIN HOPKINS. (BANKS, ADAM) |
| Filing 129 ANSWER to Amended Complaint by TAYLOR HOPKINS. (GESSNER, PAUL) |
| Filing 128 ANSWER to Amended Complaint by PETER TRIOLO. (GESSNER, PAUL) |
| Filing 127 ANSWER to Amended Complaint by MARK JOHNSON. (GESSNER, PAUL) |
| Filing 126 ANSWER to Amended Complaint by MARK DOCKERY. (GESSNER, PAUL) |
| Filing 125 ANSWER to Amended Complaint by CHANDLER WEGER. (GESSNER, PAUL) |
| Filing 124 ANSWER to Amended Complaint by TERRY JOHNSON. (GESSNER, PAUL) |
| Filing 123 ANSWER to Amended Complaint by JAMES R. MCCLELLAND. (GESSNER, PAUL) |
| Filing 122 ANSWER to Amended Complaint by DAVID SYKES. (GESSNER, PAUL) |
| Filing 121 ANSWER to Amended Complaint by CLIFF PARKER. (GESSNER, PAUL) |
| Filing 120 ANSWER to Amended Complaint by CHAD MARTIN. (GESSNER, PAUL) |
| Filing 119 ANSWER to Amended Complaint by RANDY DENHAM. (GESSNER, PAUL) |
| Filing 118 ANSWER to Amended Complaint by JOHN STRICKLAND. (GESSNER, PAUL) |
| Filing 117 ANSWER to Amended Complaint by JASON TEAGUE. (GESSNER, PAUL) |
| Filing 116 ANSWER to Amended Complaint by JAMES R. MCVEY. (GESSNER, PAUL) |
| Filing 115 ANSWER to Amended Complaint by DANIEL NICHOLS. (GESSNER, PAUL) |
| Filing 114 ANSWER to Amended Complaint by CHIP COBB. (GESSNER, PAUL) |
| Filing 113 ANSWER to Amended Complaint by BRANDON KILMER. (GESSNER, PAUL) |
| Filing 112 ANSWER to Amended Complaint by BARBARA TOMEY. (GESSNER, PAUL) |
| Filing 111 ANSWER to Amended Complaint by SCOTT NEUDECKER. (BILLER, ANTHONY) |
| Filing 110 ANSWER to Amended Complaint by BRANDON LAND. (BILLER, ANTHONY) |
| Filing 109 ANSWER to Amended Complaint by JOSHUA PAYNE. (BILLER, ANTHONY) |
| Filing 108 ANSWER to Amended Complaint by KEITH KIRKMAN. (BILLER, ANTHONY) |
| Filing 107 ANSWER to Amended Complaint by JOHN WAY. (BILLER, ANTHONY) |
| Filing 106 ANSWER to Amended Complaint by CHRISTOPHER DENNY. (BILLER, ANTHONY) |
| Filing 105 ANSWER to Amended Complaint by CHAD BOGGS. (BILLER, ANTHONY) |
| Filing 104 ANSWER to Amended Complaint by JONATHAN FRANKS. (BILLER, ANTHONY) |
| Filing 103 ANSWER to Amended Complaint by ROBERT PARKS. (BILLER, ANTHONY) |
| Filing 102 ANSWER to Amended Complaint by ERIC JORDAN. (BILLER, ANTHONY) |
| Filing 101 ANSWER to Amended Complaint by NOAH SAKIN. (BILLER, ANTHONY) |
| Filing 100 ANSWER to Amended Complaint by RODNEY KING. (BILLER, ANTHONY) |
| Filing 99 ANSWER to Amended Complaint by DUANE FLOOD. (BILLER, ANTHONY) |
| Filing 98 ANSWER to Amended Complaint by CITY OF GRAHAM. (BILLER, ANTHONY) |
| Filing 97 ANSWER to Amended Complaint by MARY KRISTINE COLE. (BILLER, ANTHONY) |
| Filing 96 ANSWER to Amended Complaint by JOAQUIN VELEZ. (BILLER, ANTHONY) |
| Motions Referred: RE: #95 Consent MOTION to Withdraw Document #82 MOTION to Compel Discovery , #83 Memorandum,, #84 Notice (Other), #85 Declaration, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| TEXT ORDER granting #95 Consent Motion to Withdraw #82 Motion to Compel and terminating #82 Motion to Compel accordingly, with the parties to bear their own costs and expenses in connection with #82 Motion to Compel. The Court thanks counsel for the parties for working cooperatively together to find a mutually acceptable resolution of this matter. Issued by MAG/JUDGE L. PATRICK AULD on 03/28/2022. (AULD, L.) |
| Filing 95 Consent MOTION to Withdraw Document #82 MOTION to Compel Discovery , #83 Memorandum,, #84 Notice (Other), #85 Declaration,,,, by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (Attachments: #1 Text of Proposed Order)(MEDLOCK, STEPHEN) |
| Filing 94 RESPONSE in Opposition re #82 MOTION to Compel Discovery filed by JASMINE BREEDEN, AVERY HARVEY, MELANIE MITCHELL, JUSTICE FOR THE NEXT GENERATION, QUENCLYN ELLISON, ASHLEY REED BATTEN, EDITH WARD, COREY MOORE, EDITH ANN JONES, ALAMANCE ALLIANCE FOR JUSTICE, JANET NESBITT, BRENDEN KEE, GREGORY DRUMWRIGHT, FAITH COOK, ERNESTINE LEWIS WARD filed by CHAD BOGGS, CITY OF GRAHAM, MARY KRISTINE COLE, CHRISTOPHER DENNY, DUANE FLOOD, JONATHAN FRANKS, JUSTIN HOPKINS, ERIC JORDAN, RODNEY KING, KEITH KIRKMAN, BRANDON LAND, SCOTT NEUDECKER, ROBERT PARKS, JOSHUA PAYNE, NOAH SAKIN, JOAQUIN VELEZ, JOHN WAY. Replies due by 3/25/2022 (BANKS, ADAM) |
| Filing 93 DECLARATION filed by Defendants CHAD BOGGS, CITY OF GRAHAM, MARY KRISTINE COLE, CHRISTOPHER DENNY, DUANE FLOOD, JONATHAN FRANKS, JUSTIN HOPKINS, ERIC JORDAN, RODNEY KING, KEITH KIRKMAN, BRANDON LAND, SCOTT NEUDECKER, ROBERT PARKS, JOSHUA PAYNE, NOAH SAKIN, JOAQUIN VELEZ, JOHN WAY re #82 MOTION to Compel Discovery Banks Declaration, Opposing Motion filed by CHAD BOGGS, CITY OF GRAHAM, MARY KRISTINE COLE, CHRISTOPHER DENNY, DUANE FLOOD, JONATHAN FRANKS, JUSTIN HOPKINS, ERIC JORDAN, RODNEY KING, KEITH KIRKMAN, BRANDON LAND, SCOTT NEUDECKER, ROBERT PARKS, JOSHUA PAYNE, NOAH SAKIN, JOAQUIN VELEZ, JOHN WAY. (Attachments: #1 Exhibit CoG amended Rule 34 responses, #2 Exhibit 10.7 discovery letter from Plt, #3 Exhibit 2.25 and 3.10 production email, #4 Exhibit 2.21 R. 37 ltr regarding plt. R. 34)(BANKS, ADAM) |
| TEXT ORDER adopting Paragraphs 1-7 of #92 Joint Rule 26(f) Report. Regarding Paragraphs 8 and 9 of #92 Joint Rule 26(f) Report, the Court declines to give ex ante instructions on the method by which any new parties shall comply with Federal Rule of Civil Procedure 26(a)(1) or to impose on any new parties any new requirements regarding discovery of electronically stored information ("ESI"). The Court, however, encourages counsel for the parties to work cooperatively together to complete discovery (including as to ESI) in an efficient manner without unnecessary involvement by the Court. Issued by MAG/JUDGE L. PATRICK AULD on 03/18/2022. (AULD, L.) |
| Reset Scheduling Order Deadlines: Discovery due by 12/1/2022. Dispositive Motions due by 1/6/2023. Trial is expected to take approximately 20 days. Jury trial has been demanded. (Carter, Alexus) |
| Motions Referred: RE: #92 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Filing 92 Rule 26(f) Report (Joint) filed by all parties by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (MEDLOCK, STEPHEN) |
| TEXT ORDER granting #90 Consent Motion for Extension of Time and extending the deadline for filing Joint Rule 26(f) Report to 03/17/2022. Issued by MAG/JUDGE L. PATRICK AULD on 03/17/2022. (AULD, L.) |
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Filing 91
ORDER signed by JUDGE CATHERINE C. EAGLES on 3/16/2022; the Court AFFIRMS the Magistrate Judge's Order and the plaintiffs SHALL comply. (Carter, Alexus)
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| Motions Referred: RE: #90 Consent MOTION for Extension of Time to File Joint Rule 26(f) Report, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Filing 90 Consent MOTION for Extension of Time to File Joint Rule 26(f) Report by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (Attachments: #1 Text of Proposed Order)(MEDLOCK, STEPHEN) |
| CASE REFERRED #79 Objection - to JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
| Filing 89 RESPONSE re #79 Objection - Other,, filed by CHAD BOGGS, CITY OF GRAHAM, CHIP COBB, MARY KRISTINE COLE, RANDY DENHAM, CHRISTOPHER DENNY, MARK DOCKERY, DUANE FLOOD, JONATHAN FRANKS, JUSTIN HOPKINS, TAYLOR HOPKINS, MARK JOHNSON, TERRY JOHNSON, ERIC JORDAN, BRANDON KILMER, RODNEY KING, KEITH KIRKMAN, BRANDON LAND, CHAD MARTIN, JAMES R. MCCLELLAND, JAMES R. MCVEY, SCOTT NEUDECKER, DANIEL NICHOLS, CLIFF PARKER, ROBERT PARKS, JOSHUA PAYNE, NOAH SAKIN, JOHN STRICKLAND, DAVID SYKES, JASON TEAGUE, BARBARA TOMEY, PETER TRIOLO, JOAQUIN VELEZ, JOHN WAY, CHANDLER WEGER. (BANKS, ADAM) |
| Filing 88 NOTICE of Special Appearance by attorney KFIR B. LEVY on behalf of Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD ( Filing fee $ 25 receipt number ANCMDC-3254828.) (LEVY, KFIR) |
| Filing 87 NOTICE of Special Appearance by attorney STEPHEN M. MEDLOCK on behalf of Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD ( Filing fee $ 25 receipt number ANCMDC-3254804.) (MEDLOCK, STEPHEN) |
| Filing 86 NOTICE of Attorney Appearance by attorney WILLIAM L. HILL on behalf of Defendants JOHN STRICKLAND, DAVID SYKES, JASON TEAGUE, BARBARA TOMEY (HILL, WILLIAM) |
| Filing 85 DECLARATION of Michael Bornhorst in Support of Motion to Compel filed by Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD re #82 MOTION to Compel Discovery filed by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(BORNHORST, MICHAEL) |
| Filing 84 NOTICE by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD re #82 MOTION to Compel Discovery / Proposed Order granting Motion to Compel Discovery (BORNHORST, MICHAEL) |
| Filing 83 MEMORANDUM filed by Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD re #82 MOTION to Compel Discovery / Memorandum of Law in Support of Plaintiffs' Motion to Compel Discovery filed by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (BORNHORST, MICHAEL) |
| Filing 82 MOTION to Compel Discovery by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. Response to Motion due by 3/18/2022 (BORNHORST, MICHAEL) |
| Filing 81 NOTICE of Attorney Appearance by attorney PAUL GERARD GESSNER on behalf of Defendants CHIP COBB, RANDY DENHAM, MARK DOCKERY, TAYLOR HOPKINS, MARK JOHNSON, BRANDON KILMER, CHAD MARTIN, JAMES R. MCCLELLAND, JAMES R. MCVEY, DANIEL NICHOLS, JOHN STRICKLAND, DAVID SYKES, JASON TEAGUE, BARBARA TOMEY, PETER TRIOLO, CHANDLER WEGER (GESSNER, PAUL) |
| Filing 80 Reply BRIEF re #77 Memorandum,, in Support of Plaintiffs' Objections to Defendants' Expenses by Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD filed by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (GRAUNKE, KRISTI) |
| Filing 79 OBJECTION - Other re Order on Motion to Compel Discovery,,,,,,,,,,,,,,,,,,,,,,,, by Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (Attachments: #1 Exhibit A- Transcript of Jan. 27, 2022 Hearing, #2 Exhibit B-Transcript of Jan. 5, 2002 Hearing)(GRAUNKE, KRISTI) |
| Filing 78 RESPONSE re Order on Motion to Compel Discovery,,,,,,,,,,,,,,,,,,,,,,,, Response to Objection filed by CHAD BOGGS, CITY OF GRAHAM, CHIP COBB, MARY KRISTINE COLE, RANDY DENHAM, CHRISTOPHER DENNY, MARK DOCKERY, DUANE FLOOD, JONATHAN FRANKS, JUSTIN HOPKINS, TAYLOR HOPKINS, MARK JOHNSON, TERRY JOHNSON, ERIC JORDAN, BRANDON KILMER, RODNEY KING, KEITH KIRKMAN, BRANDON LAND, CHAD MARTIN, JAMES R. MCCLELLAND, JAMES R. MCVEY, SCOTT NEUDECKER, DANIEL NICHOLS, CLIFF PARKER, ROBERT PARKS, JOSHUA PAYNE, NOAH SAKIN, JOHN STRICKLAND, DAVID SYKES, JASON TEAGUE, BARBARA TOMEY, PETER TRIOLO, JOAQUIN VELEZ, JOHN WAY, CHANDLER WEGER. Replies due by 2/28/2022 (Attachments: #1 Exhibit Unpublished Case - Candle factory v. Oddity)(BANKS, ADAM) |
| Filing 77 MEMORANDUM re Order on Motion to Compel Discovery,,,,,,,,,,,,,,,,,,,,,,,, Plaintiffs' Objections to Defendants' Statement of Expenses by Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (Attachments: #1 Exhibit A- Defendants' Statement of Expenses - Annotated by Plaintiffs)(GRAUNKE, KRISTI) |
| Filing 76 Consent MOTION for Extension of Time to File Rule 72 Objections by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, JASMINE BREEDEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, BRENDEN KEE, MELANIE MITCHELL, COREY MOORE, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension)(GRAUNKE, KRISTI) |
| Motions Referred: RE: #76 Consent MOTION for Extension of Time to File Rule 72 Objections, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| TEXT ORDER (A) granting in part #76 Unopposed Motion for Extension of Time; and (B) clarifying Text Order dated Feb. 2, 2022. As to item (A), Plaintiffs shall file any objections to the Text Order dated Feb. 2, 2022, by 02/24/2022. As to item (B), the Text Order dated Feb. 2, 2022 increased the seven-hour durational limit for depositions of each Plaintiff to nine hours, and authorized the spreading of those nine hours across two days (thereby removing the default requirement that a deposition conclude within a single day). The Text Order dated Feb. 2, 2022 does NOT authorize depositions of each Plaintiff of 18 hours. Finally, if the parties do not agree on an amount of reasonable expenses (including attorneys' fees) due to Defendants as a result of the litigation of #62 Motion to Compel, and the Court must resolve the issue of the reasonableness of the amount of such expenses, the Court will enter an order to do so, from which a new period of time to object under Federal Rule of Civil Procedure 72 will run. Issued by MAG/JUDGE L. PATRICK AULD on 02/14/2022. (AULD, L.) |
| Filing 75 Joint MOTION for Extension of Time to File Answer re #71 Amended Complaint,, Revised Second Amended Complaint by TERRY JOHNSON. (Attachments: #1 Text of Proposed Order Order Granting Motion to Answer or Otherwise Plead to Revised Second Amended Complaint)(GESSNER, PAUL) |
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ORDER granting #75 Motion for Extension of Time to Answer Second Amended Complaint for CITY OF GRAHAM; MARY KRISTINE COLE; JONATHAN FRANKS; TERRY JOHNSON; CLIFF PARKER; and JOAQUIN VELEZ. Answer due by 4/4/2022. Signed by John Brubaker, Clerk of Court, on 2/9/2021. (Brubaker, John)
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| Filing 74 Summons Issued as to BARBARA TOMEY, CHAD MARTIN, DANIEL NICHOLS, JAMES R. MCCLELLAND, RANDY DENHAM, DAVID SYKES, CHIP COBB, PETER TRIOLO, JOHN STRICKLAND, MARK JOHNSON, JASON TEAGUE, MARK DOCKERY, BRANDON KILMER, CHANDLER WEGER, JAMES R. MCVEY, TAYLOR HOPKINS, DUANE FLOOD, RODNEY KING, JUSTIN HOPKINS, NOAH SAKIN, SCOTT NEUDECKER, ERIC JORDAN, ROBERT PARKS, JOSHUA PAYNE, JOHN WAY, KEITH KIRKMAN, CHAD BOGGS, CHRISTOPHER DENNY and BRANDON LAND. (Attachments: #1 Summons - CHAD MARTIN, #2 Summons - DANIEL NICHOLS, #3 Summons - JAMES R. MCCLELLAND, #4 Summons - RANDY DENHAM, #5 Summons - DAVID SYKES, #6 Summons - CHIP COBB, #7 Summons - PETER TRIOLO, #8 Summons - JOHN STRICKLAND, #9 Summons - MARK JOHNSON, #10 Summons - JASON TEAGUE, #11 Summons - MARK DOCKERY, #12 Summons - BRANDON KILMER, #13 Summons - CHANDLER WEGER, #14 Summons - JAMES R. MCVEY, #15 Summons - TAYLOR HOPKINS, #16 Summons - DUANE FLOOD, #17 Summons - RODNEY KING, #18 Summons - JUSTIN HOPKINS, #19 Summons - NOAH SAKIN, #20 Summons - SCOTT NEUDECKER, #21 Summons - ERIC JORDAN, #22 Summons - ROBERT PARKS, #23 Summons - JOSHUA PAYNE, #24 Summons - JOHN WAY, #25 Summons - KEITH KIRKMAN, #26 Summons - CHAD BOGGS, #27 Summons - CHRISTOPHER DENNY, #28 Summons - BRANDON LAND) (Carter, Alexus) |
| TEXT ORDER granting #62 Motion to Compel, for the reasons stated on the record at the hearing held on 01/27/2022. At the hearing, the Court took under advisement only the issue of the appropriate remedies for Plaintiffs' failure to comply with their discovery obligations, particularly as concerns Plaintiffs' (belated) [68-1] Second Supplemental Responses to Defendants' Interrogatories. After thorough review of that document and the record as a whole, the Court orders the following relief: (1) on or before 02/09/2022, Plaintiffs (individually) shall serve full and complete responsive productions, compliant with Federal Rules of Civil Procedure 26(e)(1) and (g)(1) and 34(b)(2), to Requests for Production Nos. 1, 2, and 4 (and shall not claim therein any entitlement to make "rolling" production on a time-table of their choosing); (2) on or before 02/09/2022, Plaintiffs (individually) shall serve a full and complete supplemental disclosure, compliant with Federal Rule of Civil Procedure 26(a)(1)(E), (e)(1) and (g)(1), as to the matters required under Federal Rule of Civil Procedure 26(a)(1)(A)(iii); (3) the default single-day and seven-hour durational limit for depositions of each Plaintiff is increased to two days and nine hours, respectively, pursuant to Federal Rule of Civil Procedure 30(d)(1); (4) Plaintiffs and their counsel shall pay 20% of the reasonable expenses, including attorneys' fees, incurred by Defendants for the conduct of the depositions of each Plaintiff, to be determined at the conclusion of discovery (if not resolved by the parties by that time); and (5) Plaintiffs and their counsel shall pay the reasonable expenses, including attorneys' fees, incurred by Defendants in litigating #62 Motion, as determined by this process: (A) on or before 02/03/2022, Defendants' counsel shall serve on Plaintiffs' counsel a statement of the reasonable expenses, including attorneys' fees, Defendants incurred in litigating #62 Motion, (B) on or before 02/10/2022, Plaintiffs' counsel shall meet-and-confer in-person and/or by video-conference and/or tele-conference with Defendants' counsel about any objections Plaintiffs' counsel have provided in writing to Defendants' counsel at least 24 hours before the meet-and-confer, (C) on or before 02/17/2022, Plaintiffs and their counsel shall file EITHER a notice stating that they will pay the expenses requested by Defendants (subject to any agreement reached via the meet-and-confer process) OR a memorandum of no more than three pages (excluding any attachments) setting out their objections to the reasonableness of the amount of expenses requested by Defendants (with any failure to comply resulting in a waiver of the right of Plaintiffs and their counsel to contest the reasonableness of the amount requested by Defendants, as reflected in the statement served on Plaintiffs' counsel, which Defendants then shall promptly file with the Court), (D) on or before 02/24/2022, Defendants' shall file a memorandum of no more than three pages (excluding any attachments) responding to any timely-filed memorandum from Plaintiffs and their counsel (with any failure to comply resulting in a waiver of the right of Defendants and their counsel to receive expense-shifting as to any amount contested in any timely-filed memorandum from Plaintiffs and their counsel), and (E) on or before 02/28/2022, Plaintiffs and their counsel may file a reply of no more than two pages (excluding any attachments) to any timely-filed response from Defendants. In connection with the ordered relief (in addition to the Court's findings at the hearing held on 01/27/2022), the Court observes that the boiler-plate, cut-and-paste, group response in Plaintiffs' (belated) [68-1] Second Supplemental Responses to Defendants' Interrogatories do not significantly remedy the patent deficiencies in their responses served prior to the filing of #62 Motion. The failure of Plaintiffs and their counsel to comply with their obligations under Federal Rule of Civil Procedure 26(e)(1) and (g)(1) and 33(b) have impeded the reasonable progress of discovery and convinced the Court that ordering yet another round of attempted response from Plaintiffs to Defendants' Interrogatories 1, 2, and 4 would only further unreasonably impede the reasonable progress of discovery and unreasonably increase the expense of this litigation. Given Plaintiffs' approach, Defendants necessarily will have to expend more time preparing for and conducting depositions of each Plaintiff in order to obtain reasonable necessary information for the defense of this action than if Plaintiffs timely and properly had responded and supplemented, as required by Federal Rules of Civil Procedure 26(e)(1) and (g)(1) and 33(b). Accordingly, in addition to ordering compelled production of documents and expense-shifting as to the litigation of #62 Motion pursuant to Federal Rule of Civil Procedure 37(a) and (c)(1), the Court has expanded the time available for the deposition of each Plaintiff and has shifted a percentage of the reasonable expenses, including attorneys' fees, Defendants will incur in conducting (but not in preparing for) those depositions, pursuant to Federal Rules of Civil Procedure 26(g)(3) and 37(a) and (c)(1). The partial, expense-shifting aspect of this relief has the benefit of encouraging Plaintiffs and their counsel to take reasonable steps between now and the deposition of each Plaintiff to cooperate with Defendants in obtaining proper discovery, so that the depositions can proceed in an efficient manner that reduces their length and the corresponding (marginal) expenses Plaintiffs and their counsel must pay. None of the foregoing relief obviates the obligations of Plaintiffs and their counsel under Federal Rule of Civil Procedure 26(e)(1). Failure by Plaintiffs and their counsel to comply with this Text Order shall result in sanctions under Federal Rule of Civil Procedure 37(b)(2). Issued by MAG/JUDGE L. PATRICK AULD on 02/02/2022. (AULD, L.) |
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Filing 73
ORDER signed by MAG/JUDGE L. PATRICK AULD on 02/01/2022, granting #72 Motion as set out herein. (Taylor, Abby)
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| Motions Referred: RE: #72 Joint MOTION for Entry of Order , to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Filing 72 Joint MOTION for Entry of Order by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. Response to Motion due by 2/22/2022 (Attachments: #1 Text of Proposed Order)(BORNHORST, MICHAEL) |
| Filing 71 Second AMENDED COMPLAINT (Revised) against defendant ALAMANCE COUNTY SHERIFF'S DEPUTIES JOHN AND JANE DOES #1 THROUGH #20, CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, GRAHAM POLICE OFFICERS JOHN AND JANE DOES #21-40, TERRY JOHNSON, CLIFF PARKER, JOAQUIN VELEZ, filed by ERNESTINE LEWIS WARD, ALAMANCE ALLIANCE FOR JUSTICE, JANET NESBITT, EDITH ANN JONES, GREGORY DRUMWRIGHT, ASHLEY REED BATTEN, FAITH COOK, JUSTICE FOR THE NEXT GENERATION, EDITH WARD, AVERY HARVEY, MELANIE MITCHELL, QUENCLYN ELLISON.(BORNHORST, MICHAEL) |
| Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Motion Hearing held on 1/27/2022. For the reasons stated in open court, #62 Joint Motion to Compel Discovery is hereby GRANTED; As agreed upon by the parties, the Second Amended Complaint shall be filed by 1/31/2022; Parties instructed to file a Notice for the Court's review by 1/31/2022; Text Order memorializing the Court's rulings forthcoming. (Attorney(s) Michael Bornhorst, Elizabeth Haddix, and Jaclyn Maffetore appeared on behalf of Plaintiffs; Attorney(s) Anthony Biller, William Hill, and Paul Gessner appeared on behalf of Defendants; Proceedings Recorded) (Kemp, Donita) |
| Motions Referred: RE: #62 Joint MOTION to Compel Discovery , to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Filing 70 REPLY, filed by Defendants ALAMANCE COUNTY SHERIFF'S DEPUTIES JOHN AND JANE DOES #1 THROUGH #20, CITY OF GRAHAM, MARY KRISTINE COLE, TERRY JOHNSON, CLIFF PARKER, JOAQUIN VELEZ, to Response to #62 Joint MOTION to Compel Discovery filed by ALAMANCE COUNTY SHERIFF'S DEPUTIES JOHN AND JANE DOES #1 THROUGH #20, CITY OF GRAHAM, MARY KRISTINE COLE, TERRY JOHNSON, CLIFF PARKER, JOAQUIN VELEZ. (BILLER, ANTHONY) |
| Filing 69 DECLARATION of Allison Joelle Harvill filed by Defendants CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, GRAHAM POLICE OFFICERS JOHN AND JANE DOES #21-40, JOAQUIN VELEZ re #62 Joint MOTION to Compel Discovery filed by CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, GRAHAM POLICE OFFICERS JOHN AND JANE DOES #21-40, JOAQUIN VELEZ. (Attachments: #1 Exhibit Statement Spreadsheet, #2 Exhibit Redacted Responses)(BILLER, ANTHONY) |
| Filing 68 RESPONSE - PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO COMPEL filed by Plaintiff JUSTICE FOR THE NEXT GENERATION re #62 Joint MOTION to Compel Discovery filed by CITY OF GRAHAM, CLIFF PARKER, JOAQUIN VELEZ, MARY KRISTINE COLE, TERRY JOHNSON, JONATHAN FRANKS filed by JUSTICE FOR THE NEXT GENERATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(BORNHORST, MICHAEL) |
| Filing 67 NOTICE by JUSTICE FOR THE NEXT GENERATION re Order on Motion to Compel Discovery,,, Motion Hearing, (BORNHORST, MICHAEL) |
| Set Hearing: Motion Hearing set for 1/27/2022 10:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. Re: #62 Motion to Compel; (revised) proposed Second Amended Complaint. (Kemp, Donita) |
| Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Motion Hearing held on 1/5/2022 Re: #46 MOTION for Leave to File Second Amended Complaint (see Text Order entered 1/5/2022). (Attorney(s) Michael Bornhorst, Elizabeth Haddix, and Jaclyn Maffetore appeared on behalf of Plaintiffs; Attorney(s) Anthony Biller and Paul Gessner appeared on behalf of Defendants; Proceedings Recorded) (Kemp, Donita) |
| TEXT ORDER setting a hearing on #62 Motion to Compel, at 10:30 a.m. on 01/27/2022, in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina. At the hearing held this day, the Court granted the parties' agreed oral motion to extend the deadline for Plaintiffs to respond to #62 Motion to 01/11/2022 and the deadline for Defendants to reply to any such response to 01/20/2022. The Court does NOT require the presence of all counsel of record at the hearing on #62 Motion, but at least one counsel of record shall appear for each party. The hearing on #62 Motion shall proceed even if the hearing on the (revised) proposed Second Amended Complaint (tentatively set for the same date/time) ultimately does not proceed. Issued by MAG/JUDGE L. PATRICK AULD on 01/05/2022. (AULD, L.) |
| TEXT ORDER granting in part and denying in part #46 Motion for Leave to File Second Amended Complaint, for the reasons and in the manner stated on the record at the hearing held this day. On or before 01/11/2022, Plaintiffs shall file a notice stating whether or not they intend to file objections to the disposition of #46 Motion. If that notice states that Plaintiffs do not intend to file any such objections, Plaintiffs shall prepare a (revised) proposed Second Amended Complaint consistent with the disposition of #46 Motion, which they shall serve on counsel for the present Defendants by 01/20/2022, unless the present Defendants timely file objections to the disposition of #46 Motion (by 01/19/2022), in which event the parties need not expend any further effort on the final contours of any Second Amended Complaint pending resolution of any such objections. If no party timely files any objections to the disposition of #46 Motion, (A) Plaintiffs promptly shall prepare service of process documents for new Defendants added via the disposition of #46 Motion and shall formulate a reasonable plan to accomplish service of process on such Defendants, (B) counsel for present Defendants promptly shall review the (revised) proposed Second Amended Complaint served by Plaintiffs, (C) no later than 01/26/2022, counsel for Plaintiffs and counsel for the present Defendants shall meet and confer about any disagreements as to whether the (revised) proposed Second Amended Complaint conforms to the disposition of #46 Motion, and (D) at least one counsel of record for Plaintiffs and one counsel of record for each of the present Defendants shall appear for a hearing at which the Court will review and address any disputes about the (revised) proposed Second Amended Complaint, as well as any other scheduling or procedural matters attendant to the adoption of a Second Amended Complaint, at 10:30 a.m. on 01/27/2022, in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina. Issued by MAG/JUDGE L. PATRICK AULD on 01/05/2022. (AULD, L.) |
| Set Motion Hearing set for 1/5/2022 at 10:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Taylor, Abby) |
| TEXT ORDER setting a hearing on #46 Motion for Leave to File Second Amended Complaint at 10:30 a.m. on 01/05/2022 in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina. The Court does NOT require the presence of all counsel of record at this hearing; however, at least one counsel of record for each party shall appear at the hearing. Issued by MAG/JUDGE L. PATRICK AULD on 12/27/2021. (AULD, L.) |
| Motions No Longer Submitted #46 MOTION for Leave to File Second Amended Complaint to Judge Eagles (Winchester, Robin) |
| Motions Referred: RE: #46 MOTION for Leave to File Second Amended Complaint, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Pretrial Conference held on 12/13/2021. Attorneys Elizabeth Haddix, Jason Keith, Kristi Graunke, Daniel Siegel, Geoffrey Pipoly, Jaclyn Maffetore, Jennifer Nwachukwu and Michael Bornhorst present on behalf of Plaintiffs. Attorneys Anthoy Biller, Adam Banks, Christian Ferlan, Scott Maclatchie, Paul Gessner and William Hill present on behalf of Defendants. Plaintiff made an oral motion to extend response and reply deadline with consent as to #62 Joint Motion to Compel. Proceedings recorded. (Garrett, Kim) |
| Oral Consent MOTION for Extension of Time to File Response/Reply as to #65 Notice of Special Appearance, by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (Garrett, Kim) |
| ORAL ORDER granting Oral Consent Motion for Extension of Time to File Response/Reply re: #62 Joint MOTION to Compel Discovery. Responses due by 1/7/2022 Replies due by 1/14/2022. Issued by MAG/JUDGE L. PATRICK AULD on 12/13/21.(Garrett, Kim) |
| Filing 66 CERTIFICATE re #62 Joint MOTION to Compel Discovery Amended LR 37.1 certificate by Defendants CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, TERRY JOHNSON, CLIFF PARKER, JOAQUIN VELEZ. (BANKS, ADAM) |
| Filing 65 NOTICE of Special Appearance by attorney MICHAEL H. BORNHORST on behalf of Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD ( Filing fee $ 25 receipt number 0418-3189311.) (BORNHORST, MICHAEL) |
| Filing 64 DECLARATION filed by Defendants CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ re #62 Joint MOTION to Compel Discovery , #63 Brief, Second Harvill Declaration filed by CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ. (Attachments: #1 Exhibit Exhibit 1 - production count, #2 Exhibit Exhibit 2 - custodian schedule)(BANKS, ADAM) |
| Filing 63 Supporting BRIEF re #62 Joint MOTION to Compel Discovery by Defendants CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, TERRY JOHNSON, CLIFF PARKER, JOAQUIN VELEZ filed by CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, TERRY JOHNSON, CLIFF PARKER, JOAQUIN VELEZ. (Attachments: #1 Exhibit Exhibit A - Rule 37 letter, #2 Exhibit Exhibit B - Pl's response letter, #3 Exhibit Exhibit C - Discovery emails)(BANKS, ADAM) |
| Filing 62 Joint MOTION to Compel Discovery by CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, TERRY JOHNSON, CLIFF PARKER, JOAQUIN VELEZ. Response to Motion due by 12/23/2021 (Attachments: #1 Exhibit Exhibit A - Defendants' discovery requests, #2 Exhibit Exhibit B - Pl's original discovery responses, #3 Exhibit Exhibit C - Pl's amended supp. discovery responses, #4 Exhibit Exhibit D - Pl's initial disclosures)(BANKS, ADAM) |
| Motions Submitted: #46 MOTION for Leave to File Second Amended Complaint to JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
| Filing 61 REPLY, filed by Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD, Mediator THOMAS C. DUNCAN, to Response to #46 MOTION for Leave to File Second Amended Complaint filed by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, THOMAS C. DUNCAN, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (HADDIX, ELIZABETH) |
| TEXT ORDER granting #60 Motion to Withdraw as Counsel. Attorney PATRICK HOUGHTON FLANAGAN is terminated as counsel of record for Defendants Terry Johnson and Cliff Parker. Issued by MAG/JUDGE L. PATRICK AULD on 11/25/2021. (AULD, L.) |
| Motions Referred: RE: #60 MOTION to Withdraw as Attorney PATRICK HOUGHTON FLANAGAN , to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Filing 60 MOTION to Withdraw as Attorney PATRICK HOUGHTON FLANAGAN by on behalf of TERRY JOHNSON. Responses due by 12/7/2021 (FLANAGAN, PATRICK) |
| Filing 59 DECLARATION filed by Defendants CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ re #58 Response in Opposition to Motion,,, of Allision J. Harvill filed by CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ. (BANKS, ADAM) |
| Filing 58 RESPONSE in Opposition re #46 MOTION for Leave to File Second Amended Complaint filed by AVERY HARVEY, MELANIE MITCHELL, JUSTICE FOR THE NEXT GENERATION, QUENCLYN ELLISON, ASHLEY REED BATTEN, EDITH WARD, EDITH ANN JONES, ALAMANCE ALLIANCE FOR JUSTICE, JANET NESBITT, GREGORY DRUMWRIGHT, FAITH COOK, ERNESTINE LEWIS WARD filed by CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ. Replies due by 12/6/2021 (Attachments: #1 Exhibit Exhibit A - email and redline 2nd Amended Comp, #2 Exhibit Exhibit B - Claim Count Analysis, #3 Exhibit Exhibit C - Def's Rog's 1-4 and RFP 1-5, #4 Exhibit Exhibit D - Pls Responses to Def Discovery (1st), #5 Exhibit Exhibit E - Rule 37 Letter, #6 Exhibit Exhibit F - Pls supplemental discovery responses, #7 Exhibit Exhibit G - email with opp counsel)(BANKS, ADAM) |
| Filing 57 RESPONSE filed by Defendants TERRY JOHNSON, CLIFF PARKER re #46 MOTION for Leave to File Second Amended Complaint filed by AVERY HARVEY, MELANIE MITCHELL, JUSTICE FOR THE NEXT GENERATION, QUENCLYN ELLISON, ASHLEY REED BATTEN, EDITH WARD, EDITH ANN JONES, ALAMANCE ALLIANCE FOR JUSTICE, JANET NESBITT, GREGORY DRUMWRIGHT, FAITH COOK, ERNESTINE LEWIS WARD filed by TERRY JOHNSON, CLIFF PARKER. (GESSNER, PAUL) |
| Set/Reset Motion and R and R Deadlines/Hearings re #46 MOTION for Leave to File Second Amended Complaint : Replies due by 12/6/2021. (Taylor, Abby) |
| Filing 56 MOTION to Withdraw as Attorney CHRISTOPHER A. KNIGHT by on behalf of ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. Responses due by 12/1/2021 (KNIGHT, CHRISTOPHER) |
| ***Attorney ALLISON JOELLE HARVILL is terminated as counsel of record for Defendants City of Graham, Mary Kristine Cole, Joaquin Velez, and Jonathan Franks. (AULD, L.) |
| TEXT ORDER concluding that, in light of the representations in #48 Notice, no action is warranted as to Attorney William L. Hill's absence from the pretrial conference held on 10/25/2021. The issuing Magistrate Judge extends best wishes that Attorney Hill has returned or will soon return to full health. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| TEXT ORDER granting #56 Motion to Withdraw as Counsel. Attorney CHRISTOPHER A. KNIGHT is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| TEXT ORDER (A) construing #53 Notice as a motion to withdraw as counsel of record for Defendants Terry Johnson and Cliff Parker; (B) granting such relief and terminating Attorney Albright as counsel of record for Defendants Johnson and Parker; and (C) concluding that, in light of the representations in #53 Notice, no action is warranted as to Attorney Albright's absence from the pretrial conference held on 10/25/2021. The issuing Magistrate Judge extends best wishes to Attorney Albright for his future ventures. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| TEXT ORDER granting #47 Motion to Withdraw as Counsel of Record and #54 Motion to Withdraw as Counsel of Record. Attorney MARK DOROSIN is terminated as counsel of record for Plaintiffs. Further, in light of the representations in #54 Motion and #55 Response, the Court deems no action warranted as to Attorney Dorosin's absence from the pretrial conference held on 10/25/2021. The issuing Magistrate Judge wishes Mr. Dorosin well in his new career endeavors. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| Motions Referred: RE: #47 MOTION to Withdraw as Attorney MARK DOROSIN , to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| TEXT ORDER admonishing Attorney Allison J. Harvill for her absence from the pretrial conference held on 10/25/2021 as directed in the Text Order dated 08/25/2021 (to which she became bound by filing #39 Notice of Special Appearance on 10/01/2021). In #54 Response, Attorney Harvill "apologize[d] to the Court for her absence from the October 25, 2021 hearing," before offering this explanation: "[Attorney Harvill] read the Court's August 25, 2021 text order and in good faith mistakenly assumed that the order referred to the lead attorneys who are actively arguing the claims in the matter of Gregory Drumwright, et al. [Attorney Harvill's] inadvertence of the Honorable Robert [sic] Auld's order was based in part on her experiences with other federal district courts and state courts in which the local rules limit in-person appearances at pre-trial conferences to lead counsel who will be conducting the trial." The issuing Magistrate Judge reviewed the local rules for the five federal courts in the two states in which Attorney Harvill is licensed and found no "local rules limit[ing] in-person appearances at pre-trial conferences to lead counsel who will be conducting the trial." In any event, the Local Rules of this Court include no such provision and Attorney Harvill, as a specially appearing attorney, should have taken special care to familiarize herself with the Local Rules of this Court. Nor (despite her focus on her understanding of other courts' local rules regarding in-person appearances for court proceedings) does the record reflect that Attorney Harvill took any steps to appear at the conference on 10/25/2021 in some other fashion. Notwithstanding the unsatisfactory nature of Attorney Harvill's explanation for her failure to follow a clear directive from the Court, in light of her apology and her withdrawal from this case, the Court concludes that the admonishment effected herein suffices. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| TEXT ORDER admonishing Attorney Patrick H. Flanagan for his absence from the pretrial conference held on 10/25/2021, as directed in the Text Order dated 08/25/2021. In #51 Response, Attorney Flanagan "sincerely apologize[d] to the Court for [his] absence at the October 25th pretrial conference," before offering this explanation: "I did not intend to disregard the Court's order directing all counsel to appear on October 25, 2021, but instead it was a misinterpretation on my part of what the Court meant by 'all counsel.' I knew that my law partner, Paul Gessner, would be attending the pretrial conference and speaking on behalf of our client. I mistakenly believed that was sufficient representation at the conference. It was my error and only my error. I admit that I should have clarified the Court's Order with this Court." As an initial matter, the Text Order in question referred not just to "all counsel," but to "all counsel of record." Further, it is not clear from Attorney Flanagan's above-quoted explanation how a reference to "all counsel of record" led Attorney Flanagan to reach his mistaken belief or how he will avoid misinterpretations of the plain language of orders in the future. Notwithstanding the (at least partially) unsatisfactory nature of Attorney Flanagan's explanation for his failure to comply with a clear directive from the Court, in light of his apology, the Court concludes that the admonishment effected herein suffices. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| ***Attorney CLYDE BALLINGER ALBRIGHT is terminated as counsel of record for Defendants Terry Johnson and Cliff Parker. (AULD, L.) |
| TEXT ORDER concluding that, in light of the representations in #49 Response, no action is warranted as to Attorney Scott D. MacLatchie's absence from the pretrial conference held on 10/25/2021. In #49 Response, Attorney MacLatchie not only "apologize[d] to the Court for [his] absence at the October 25 hearing," but also set out a detailed, self-critical account for his non-appearance, which reflects significant introspection, carries the ring of truth, and inspires confidence that no similar problems will arise in the future, even without the impetus of any admonition from the Court. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| TEXT ORDER admonishing Attorney Jason L. Keith for his absence from the pretrial conference held on 10/25/2021 as directed in the Text Order dated 08/25/2021. In #50 Response, Attorney Keith "apologize[d] to the Court for [his] absence at the October 25 hearing," before offering various explanations that give the Court pause. First, #50 Response relates that Attorney Keith, upon "reading the order[, ] assumed 'all counsel' only referred to the parties that were currently actively arguing the claims in the matter of Gregory Drumwright, et al." As an initial matter, the Text Order in question referred not just to "all counsel," but to "all counsel of record." Further, it is not clear how a reference to "all counsel" led Attorney Keith to find a limitation to particular (unspecified) "parties" and, in any event, Attorney Keith represents Plaintiffs who, at the time of the pretrial conference on 10/25/2021, "were actively arguing the claims in the matter of Gregory Drumwright, et al." Next, #50 Response states that Attorney Keith's "understanding [wa]s that there would be at least one attorney present from each of the many law firms in the case," but Attorney Keith is the only attorney of record from his firm and he did not appear. Finally, #50 Response asserts that Attorney Keith "mistakenly assumed the Court's intent would be satisfied by the attendance of Elizabeth Haddix and other lead attorneys in this matter," but the Docket lists Attorney Keith as a "Lead Attorney" for Plaintiffs and #50 Response offers no explanation for why Attorney Keith would have thought only other lead attorneys needed to appear. Notwithstanding the unsatisfactory nature of Attorney Keith's explanations for his failure to follow a clear directive from the Court, in light of his apology, the Court concludes that the admonishment effected herein suffices. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| TEXT ORDER concluding that, in light of the representations in #52 Response, no action is warranted as to Attorney Adam P. Banks's absence from the pretrial conference held on 10/25/2021. In #52 Response, Attorney Banks not only offered "sincere[] apologies for not attending the pretrial conference as directed," but also set out a detailed, self-critical account for his non-appearance, which reflects significant introspection, carries the ring of truth, and inspires confidence that no similar problems will arise in the future, even without the impetus of any admonition from the Court. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| Filing 55 RESPONSE to Order to Show Cause filed by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (DOROSIN, MARK) Modified on 11/17/2021 to eliminate reply deadline. (Taylor, Abby). |
| Filing 54 MOTION to Withdraw as Attorney/RESPONSE Regarding Text Order of November 11, 2021 and Motion to Withdraw as Attorney filed by CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ. (HARVILL, ALLISON) Modified on 11/17/2021 to correct event and docket text. (Taylor, Abby). |
| Filing 53 NOTICE -RESPONSE by TERRY JOHNSON RE Text Order of November 11, 2021 (ALBRIGHT, CLYDE) |
| Filing 52 RESPONSE re Text Order To Show Cause filed by CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ. (BANKS, ADAM) |
| Filing 51 RESPONSE by Defendant TERRY JOHNSON re: Order to Show Cause re Sanctions. (FLANAGAN, PATRICK) |
| Filing 50 RESPONSE TO ORDER TO SHOW CAUSE filed by GREGORY DRUMWRIGHT. (KEITH, JASON) Modified on 11/16/2021 to eliminate reply deadline. (Taylor, Abby). |
| Filing 49 RESPONSE by Defendants MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ re Text Order, to Show Cause Re Sanctions. (MACLATCHIE, SCOTT) |
| Filing 48 NOTICE by TERRY JOHNSON Regarding Text Order of November 11, 2021 (HILL, WILLIAM) |
| Filing 47 MOTION to Withdraw as Attorney MARK DOROSIN by on behalf of ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (DOROSIN, MARK) |
| TEXT ORDER (A) admonishing Daniel K. Siegel, Kristi L. Graunke, and Jennifer N. Nwachukwu, pursuant to Federal Rule of Civil Procedure 16(f)(1)(A), for their failure to attend the pretrial conference on 10/25/2021, as directed in the Text Order dated 08/25/2021; (B) requiring Jason L. Keith, Mark Dorosin, Adam P. Banks, Allison J. Harvill, Clyde Ballinger Albright, Patrick Houghton Flanagan, Scott D. MacLatchie, and William L. Hill to show cause in writing, on or before 11/18/2021, why the Court should not sanction them under Federal Rule of Civil Procedure 16(f)(1)(A), for their failure to attend the pretrial conference on 10/25/2021, as directed in the Text Order dated 08/25/2021; (C) setting a pretrial conference, pursuant to Federal Rule of Civil Procedure 16(a)(1), (2), and (3), and (c)(2)(A), (B), (F), (G), (K), (L), and (P), at 10:30 a.m. on 12/13/2021, in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina, which all counsel of record must attend in person, unless they have obtained leave of court excusing them from such attendance (or permitting them to appear by video-teleconference or telephone); and (D) requiring any counsel of record seeking leave of court excusing their attendance at the pretrial conference on 12/13/2021 (or permitting their attendance by video-teleconference or telephone) to file a motion seeking such leave by 11/29/2021. This case has gotten off to a rough start. Defendants filed motions seeking dismissal/judgment on the pleadings which, in #27 Order, the Court (per United States District Judge Catherine C. Eagles) found sorely lacking in a number of respects. During the pendency of those motions, Plaintiffs sought expedited discovery, which -- in an order appearing at Docket Entry 75 in Case Number 1:20CV997 (with which this case then was consolidated) -- the Court (per the issuing Magistrate Judge) found grossly overbroad and unwarranted. Certain counsel for the parties thereafter appeared for the initial pretrial conference and declined to budge from their respective positions regarding limits on the volume of discovery, with (A) Plaintiffs maintaining that the Court should permit the two entity Defendants and four individual Defendants, in defending against 50 pages of allegations asserting seven different claims on behalf of fifteen different Plaintiffs, to serve a total of up to only 35 different interrogatories and requests for admission, and (B) Defendants maintaining that the Court should permit them to serve a total of up to 1,800 different interrogatories and requests for admission. In light of that emerging pattern of over-reach and intransigence, upon issuing the scheduling order (via Text Order dated 08/25/2021), the Court (per the issuing Magistrate Judge) ordered that "all counsel of record shall appear for a pretrial conference pursuant to Federal Rule of Civil Procedure 16(a)(1), (2), and (3), and (c)(2)(A), (F), (G), (K), (L), and (P) at 10:30 a.m. on 10/25/2021 in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina." The Docket reflects service of that Text Order on all then-counsel of record, i.e., Siegel, Graunke, Nwachukwu, Keith, Dorosin, Banks, Albright, Flanagan, MacLatchie, Hill, Elizabeth Haddix, Jaclyn A. Maffetore, Anthony Joseph Biller, and Paul Gessner. After the entry of that Text Order, but before the pretrial conference date of 10/25/2021, Harvill filed #39 Notice of Special Appearance and Christian Ferlan filed #40 Notice of Appearance, and thereby became bound to comply with that Text Order. Despite the clear and unequivocal (above-quoted) language of the Text Order dated 08/25/2021, only Haddix, Maffetore, Biller, Gessner, and Ferlan appeared as directed at the pretrial conference on 10/25/2021. Haddix stated that she would act as the primary speaker for Plaintiffs and, when asked about the failure of five of her co-counsel to appear, suggested (1) that the Court should question Defendants' counsel about the failure of six of their co-counsel to appear, (2) that she and her non-appearing co-counsel focused on other parts of the Text Order (which totaled only 18 lines), (3) that non-appearing co-counsel had other more pressing obligations, and (4) that (due to expense and logistical considerations) the Court reasonably could not expect all counsel of record to appear at pretrial conferences (or any other proceedings). Maffetore struck a more contrite tone, as did Biller (speaking on behalf of Defendants), but neither of them offered any more satisfactory explanation for the absence of their co-counsel. The next day, Siegel and Graunke filed #44 Notice and Nwachukwu filed #45 Notice, "to apologize" for not appearing at the pretrial conference. In #44 Notice, Siegel and Graunke expressed "regret that they did not understand th[e Text O]rder setting [the] conference as requiring in-person attendance of all counsel" and, in #45 Notice, Nwachukwu reported "not in good faith interpret[ing] th[ T]ext [O]rder as requiring [Nwachukwu's] physical, in-person appearance." However, neither #44 Notice nor #45 Notice explains how Siegel, Graunke, and Nwachukwu misconstrued the words "all counsel of record shall appear" to exempt them from appearing at the pretrial conference on 10/25/2021. Moreover, although both #44 Notice and #45 Notice refer specifically to a misunderstanding as to the need to appear "in-person," the record does not reflect (and #44 Notice and #45 Notice do not contend) that Siegel, Graunke, or Nwachukwu ever attempted to appear at the pretrial conference on 10/25/2021 through some means other than in-person. "In any action, the [C]ourt may order the attorneys... to appear for one or more pretrial conferences...." Fed. R. Civ. P. 16(a). Nothing in that Rule or its commentary suggests that, when parties elect to enlist multiple attorneys, the Court may only order some of the attorneys of record to appear at pretrial conferences -- and for good reason. As the Court explained on the record at the pretrial conference on 10/25/2021, when multiple attorneys participate in litigation, the absence of some of the attorneys from a pretrial conference can frustrate the objectives of the pretrial conference, e.g., determining who did what to whom and/or who will do what and when. Put more elegantly: "Rule 16 serves an important role as a judicial checkpoint in litigation. Under the rule, the court may schedule a case management conference to set expectations.... In this role, a Rule 16 conference functions as a judicial bulwark to prevent discovery from running amok and avert other wasteful procedural maneuvers. This is particularly the case when the court must confront litigants whose counsel have been unable to engage in a meaningful 26(f) conference or are otherwise at odds on discovery issues." Philip Favro, Navigating the Discovery Chess Match through Effective Case Management, 53 Akron L. Rev. 31, 43 (2019) (internal footnotes and quotation marks omitted). Counsel absent from such pretrial conferences do not get the same sense of the Court's "expectations," thereby undermining the Court's ability to "prevent discovery from running amok and [to] avert other wasteful procedural maneuvers." Moreover, as another court has explained (using the words of the Chief Justice): "The Federal Rules of Civil Procedure impose an obligation on 'judges and lawyers to work cooperatively in controlling the expense and time demands of litigation.' When litigants fall short of this obligation, 'a well-timed scowl from a trial judge can go a long way in moving things along crisply.'" Lynx Sys. Developers, Inc. v. Zebra Enter. Sols. Corp., Civ. No. 15-12297, 2018 WL 3580294, at *2 (D. Mass. July 25, 2018) (unpublished) (internal citation omitted) (quoting Chief Justice John Roberts, 2015 Year-End Report on the Federal Judiciary at 6, Supreme Court of the United States (2015)). The issuing Magistrate Judge has no illusions of grandeur about the efficacy of any scowls that may or may not have come from the bench on 10/25/2021, but the point remains that counsel of record who did not attend that conference likely did not get the same appreciation for the Court's views about how discovery should proceed as did those counsel of record who did attend the conference. For that very reason, Rule 16 "express[es] a preference for a face-to-face encounter to enhance communication between the judge and lawyers." Roberts, 2015 Year-End Report at 7. Against this backdrop, the Court must determine what to do about the failure of Siegel, Graunke, Nwachukwu, Keith, Dorosin, Banks, Harvill, Albright, Flanagan, MacLatchie, and Hill to appear as directed at the pretrial conference on 10/25/2021. By rule, "on its own, the [C]ourt may issue any just orders, including those authorized by [Federal] Rule [of Civil Procedure] 37(b)(2)(A)(ii)-(vii), if... [an] attorney... fails to appear at a scheduling or other pretrial conference... [or] fails to obey a scheduling or other pretrial order," Fed. R. Civ. P. 16(f)(1). By proactively filing #44 Notice and #45 Notice, Siegel, Graunke, and Nwachukwu have had a full and fair opportunity to be heard on these matters. Notwithstanding the unsatisfactory nature of their explanations for their failure to follow a clear command from the Court, in light of their apology, the Court concludes that the admonishment effected herein suffices. Because they have not yet been heard on the subject of their absence from the pretrial conference on 10/25/2021, the Court has set a deadline for Keith, Dorosin, Banks, Harvill, Albright, Flanagan, MacLatchie, and Hill to address that matter and will defer any decision as to sanctions until that deadline has passed. Finally, because (at the pretrial conference on 10/25/2021) Haddix and Biller acknowledged the existence of percolating discovery disputes between the parties, the Court has set another pretrial conference with clear ground rules about attorney attendance, as well as requests for exemption from (or alternatives to in-person) attendance. Issued by MAG/JUDGE L. PATRICK AULD on 11/11/2021. (AULD, L.) |
| Filing 46 MOTION for Leave to File Second Amended Complaint by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. Response to Motion due by 11/22/2021 (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Text of Proposed Order)(KNIGHT, CHRISTOPHER) |
| Filing 45 NOTICE by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD RE: October 25th Hearing (NWACHUKWU, JENNIFER) |
| Filing 44 NOTICE by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD Re: October 25th Hearing (SIEGEL, DANIEL) |
| Filing 43 NOTICE by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD Regarding October 25, 2021 Hearing (KNIGHT, CHRISTOPHER) |
| Filing 42 NOTICE of Special Appearance by attorney CHRISTOPHER A. KNIGHT on behalf of Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD ( Filing fee $ 25 receipt number 0418-3160059.) (KNIGHT, CHRISTOPHER) |
| Filing 41 NOTICE of Special Appearance by attorney GEOFFREY M. PIPOLY on behalf of Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD ( Filing fee $ 25 receipt number 0418-3159902.) (PIPOLY, GEOFFREY) |
| Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Pretrial Conference held on 10/25/2021. Parties advised that the Court will consider the appropriate next step and enter a Text Order accordingly. (Attorney(s) Elizabeth Haddix and Jaclyn Maffetore appeared on behalf of plaintiffs GREGORY DRUMWRIGHT, et al.; Attorney(s) Anthony Biller, Christian Ferlan, and Paul Gessner appeared on behalf of defendants MARY KRISTINE COLE, et al.; Proceedings Recorded) (Kemp, Donita) |
| Filing 40 NOTICE of Attorney Appearance by attorney CHRISTIAN FERLAN on behalf of Defendants MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ (FERLAN, CHRISTIAN) |
| Filing 39 NOTICE of Special Appearance by attorney ALLISON JOELLE HARVILL on behalf of Defendants CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ ( Filing fee $ 25 receipt number 0418-3145025.) (HARVILL, ALLISON) |
| TEXT ORDER clarifying #28 Consent Protective Order as follows: notwithstanding the language of Paragraph 17, nothing in #28 Consent Protective Order authorizes (much less requires) the filing of a motion to seal any material presented during a hearing simply because a party has designated that material as confidential under #28 Consent Protective Order; to the contrary, before a party may move for such sealing, that party must have a good-faith basis that pertinent legal authority supports sealing under the specific facts and circumstances presented (including the nature of the hearing). Issued by MAG/JUDGE L. PATRICK AULD on 09/03/2021. (AULD, L.) |
| Filing 38 CONSENT PROTECTIVE ORDER granting #36 Joint Motion as set out herein signed by MAG/JUDGE L. PATRICK AULD on 9/2/2021. (Hicks, Samantha) |
| Motions Referred: RE: #36 JOINT MOTIONfor Consent Protective Order, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
|
Filing 37
ORDER Appointing THOMAS C. DUNCAN, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa)
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| MEDIATION SCHEDULING ORDER; Mediation due by 5/31/2022. (Bond, Melisa) |
| Filing 36 JOINT MOTIONfor Consent Protective Order by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD. (HADDIX, ELIZABETH) |
| Set Hearings: Initial Pretrial Conference set for 10/25/2021 10:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
| Set/Reset Scheduling Order Deadlines: Discovery is that designated in LR 26.1(a) as: Exceptional. The parties agree to Tom Duncan as mediator. Plaintiffs' Amended Pleadings due by 11/1/2021. Defendants' Amended Pleadings due by 11/1/2021. Discovery due by 7/25/2022. Dispositive Motions due by 8/24/2022. Joinder of Parties for Plaintiffs due by 11/1/2021. Joinder of Parties for Defendants due by 11/1/2021. The parties do not consent to have this case referred to a Magistrate Judge. Trial is expected to take approximately 20 days. Jury trial has been demanded. (Taylor, Abby) |
| TEXT ORDER terminating #33 Joint Rule 26(f) Report and adopting #32 Plaintiffs' Rule 26(f) Report with the following modifications: (1) the parties shall complete discovery by 07/25/2022; (2) the parties shall file any dispositive motions by 08/24/2022; (3) the parties must obtain leave of the Court to serve any supplemental expert reports beyond the deadlines established in Paragraph 2 of #32 Plaintiffs' Rule 26(f) Report and/or to take expert discovery beyond the discovery deadline; (4) Defendants may serve up to 10 common interrogatories, requests for admission, and requests for production on Plaintiffs (to be answered individually by each Plaintiff), as well as up to five additional interrogatories, requests for admission, and requests for production (common, overlapping, or entirely distinct) on each Plaintiff; (5) Plaintiffs may serve up to 10 common interrogatories, requests for admission, and requests for production on Defendants (to be answered individually by each Defendant), as well as up to five additional interrogatories, requests for admission, and requests for production (common, overlapping, or entirely distinct) on each Defendant; and (6) all counsel of record shall appear for a pretrial conference pursuant to Federal Rule of Civil Procedure 16(a)(1), (2), and (3), and (c)(2)(A), (F), (G), (K), (L), and (P) at 10:30 a.m. on 10/25/2021 in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina. Issued by MAG/JUDGE L. PATRICK AULD on 08/25/2021. (AULD, L.) |
| Filing 35 JOINT STIPULATION regarding initial disclosures filed by all parties. Est. Trial Days: 15. (HADDIX, ELIZABETH) |
| Filing 34 NOTICE of Attorney Appearance by attorney ADAM P. BANKS on behalf of Defendants CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ (BANKS, ADAM) |
| Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Initial Pretrial Conference held on 7/26/2021. Attorney Elizabeth Haddix and Jaclyn Maffetore present for Plaintiffs. Attorney Anthony Biller present for Defendants Mary Kristin Cole, Jonathan Franks and Attorney Paul Gessner present for Defendant Terry Johnson. Matter taken under advisement. Proceedings recorded. (Garrett, Kim) |
| Motions Referred: RE: #33 Rule 26(f) Report (Individual)., #32 Rule 26(f) Report (Individual)., #31 L.R. 5.5 Report-Joint filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| TEXT ORDER adopting #31 Local Rule 5.5 Report. Issued by MAG/JUDGE L. PATRICK AULD on 07/23/2021. (AULD, L.) |
| Filing 33 Individual Rule 26(f) REPORT by Defendants ALAMANCE COUNTY SHERIFF'S DEPUTIES JOHN AND JANE DOES #1 THROUGH #20, CITY OF GRAHAM, MARY KRISTINE COLE, JONATHAN FRANKS, TERRY JOHNSON, JOAQUIN VELEZ. (BILLER, ANTHONY) Modified on 7/23/2021 to correct event used (Garrett, Kim). |
| Filing 32 Rule 26(f) Report (Individual). by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD.(MAFFETORE, JACLYN) |
| Filing 31 L.R. 5.5 Report-Joint filed by all parties by ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD.(MAFFETORE, JACLYN) |
| Filing 30 NOTICE of Attorney Appearance by attorney SCOTT D. MACLATCHIE on behalf of Defendants MARY KRISTINE COLE, JONATHAN FRANKS, JOAQUIN VELEZ (MACLATCHIE, SCOTT) |
| Filing 29 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 7/26/2021 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
| Filing 28 REVISED STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin) |
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Filing 27
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 06/02/2021. The City defendants' motion for leave to exceed word limitation, Doc. #47 , is GRANTED. The City defendants' motion to dismiss, Doc. #45 , is GRANTED in part and the 1983 claims against Chief Cole, Lt. Velez, and Officer Franks in their official capacities for violating the plaintiffs First and Fourth Amendment rights, Doc. #25 at 17582, are DISMISSED. The 1983 claims against all other defendants will proceed, and the City defendants' motion to dismiss is otherwise DENIED as to the Drumwright complaint. The City's motion is HELD IN ABEYANCE to the extent it is directed at the Allen complaint, Doc. #24 . The County defendants' motion for judgment on the pleadings, Doc. #52 , is DENIED. Associated Cases: 1:20-cv-00997-CCE-LPA, 1:20-cv-00998-CCE-LPA(Taylor, Abby)
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Filing 26
ORDER granting (64) Motion to Appoint Guardian ad Litem ad Litem, that Quenclyn Ellison is hereby appointed Guardian ad Litem to act on behalf of M.E. and Z.P. in prosecuting this action in case 1:20-cv-00997-CCE-LPA. Signed by JUDGE CATHERINE C. EAGLES on 03/29/2021. Associated Cases: 1:20-cv-00997-CCE-LPA, 1:20-cv-00998-CCE-LPA(Taylor, Abby)
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Filing 25
ORDER granting (63) Motion to Appoint Guardian ad Litem ad Litem. J.A., by and through her guardian Melanie Mitchell; B.A., by and through her guardian Melanie Mitchell in case 1:20-cv-00997-CCE-LPA. Signed by JUDGE CATHERINE C. EAGLES on 03/29/2021. Associated Cases: 1:20-cv-00997-CCE-LPA, 1:20-cv-00998-CCE-LPA(Taylor, Abby)
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| Filing 24 NOTICE of Attorney Appearance by attorney DANIEL K. SIEGEL on behalf of Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD Associated Cases: 1:20-cv-00997-CCE-LPA, 1:20-cv-00998-CCE-LPA(SIEGEL, DANIEL) |
| Filing 23 NOTICE of Attorney Appearance by attorney JACLYN A. MAFFETORE on behalf of Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD Associated Cases: 1:20-cv-00997-CCE-LPA, 1:20-cv-00998-CCE-LPA(MAFFETORE, JACLYN) |
| Filing 22 NOTICE of Attorney Appearance by attorney KRISTI L. GRAUNKE on behalf of Plaintiffs ALAMANCE ALLIANCE FOR JUSTICE, ASHLEY REED BATTEN, FAITH COOK, GREGORY DRUMWRIGHT, QUENCLYN ELLISON, AVERY HARVEY, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION, MELANIE MITCHELL, JANET NESBITT, EDITH WARD, ERNESTINE LEWIS WARD Associated Cases: 1:20-cv-00998-CCE-LPA, 1:20-cv-00997-CCE-LPA(GRAUNKE, KRISTI) |
| Filing 21 NOTICE of Attorney Appearance by attorney ELIZABETH HADDIX on behalf of Plaintiff JUSTICE FOR THE NEXT GENERATION Associated Cases: 1:20-cv-00997-CCE-LPA, 1:20-cv-00998-CCE-LPA(HADDIX, ELIZABETH) |
| Filing 20 First AMENDED COMPLAINT Justice 4 the Next Generation et al against defendant All Defendants, filed by GREGORY DRUMWRIGHT, FAITH COOK, QUENCLYN ELLISON, ME.Associated Cases: 1:20-cv-00997-CCE-LPA, 1:20-cv-00998-CCE-LPA(HADDIX, ELIZABETH) |
| Filing 19 First AMENDED COMPLAINT Justice 4 the Next Generation et al against defendant All Defendants, filed by GREGORY DRUMWRIGHT, JUSTICE FOR THE NEXT GENERATION, EDITH ANN JONES.(HADDIX, ELIZABETH) |
| Filing 18 NOTICE of Special Appearance by attorney JENNIFER N. NWACHUKWU on behalf of Plaintiffs GREGORY DRUMWRIGHT, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION ( Filing fee $ 25 receipt number 0418-2947284.) (NWACHUKWU, JENNIFER) |
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Filing 17
ORDER that the motions are GRANTED and these cases are consolidated for all pre-trial proceedings, and, subject to review closer to trial, for trial. Allen v. City, 20cv997, is designated as the lead case. Henceforth all pleadings, motions, briefs, and other allowable filings shall be filed in that case only. Signed by JUDGE CATHERINE C. EAGLES on 12/04/2020. Related Case (L) 1:20CV997.(Taylor, Abby)
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| Filing 16 Corrected document re #15 Brief. (FLANAGAN, PATRICK) |
| TEXT ORDER granting #13 Consent Motion for Extension of Time. TERRY JOHNSON and MARY KRISTY COLE shall answer or otherwise respond by 01/18/2021. Issued by MAG/JUDGE L. PATRICK AULD on 12/02/2020. (AULD, L.) |
| Motions Submitted: #14 Consent MOTION to Consolidate Cases. Case to be consolidated with 1:20-cv-00997 to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 15 BRIEF re #14 Consent MOTION to Consolidate Cases. Case to be consolidated with 1:20-cv-00997 by Defendants MARY KRISTY COLE, TERRY JOHNSON filed by MARY KRISTY COLE, TERRY JOHNSON. (FLANAGAN, PATRICK) |
| Filing 14 Consent MOTION to Consolidate Cases. Case to be consolidated with 1:20-cv-00997 by MARY KRISTY COLE, TERRY JOHNSON. Response to Motion due by 12/22/2020 (FLANAGAN, PATRICK) |
| Filing 13 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by MARY KRISTY COLE, TERRY JOHNSON. (Attachments: #1 Text of Proposed Order)(FLANAGAN, PATRICK) |
| Filing 12 NOTICE of Attorney Appearance by attorney PAUL GERARD GESSNER on behalf of Defendant TERRY JOHNSON (GESSNER, PAUL) |
| Filing 11 NOTICE of Attorney Appearance by attorney CLYDE BALLINGER ALBRIGHT on behalf of Defendant TERRY JOHNSON (ALBRIGHT, CLYDE) |
| Motions Referred: RE: #13 Consent MOTION for Extension of Time to File Answer re #1 Complaint, to MAG/JUDGE L. PATRICK AULD (Sanders, Marlene) |
| Filing 10 NOTICE of Attorney Appearance by attorney ANTHONY JOSEPH BILLER on behalf of Defendant MARY KRISTY COLE (BILLER, ANTHONY) |
| Filing 9 NOTICE of Attorney Appearance by attorney PATRICK HOUGHTON FLANAGAN on behalf of Defendant TERRY JOHNSON (FLANAGAN, PATRICK) |
| Filing 8 NOTICE of Attorney Appearance by attorney WILLIAM L. HILL on behalf of Defendant TERRY JOHNSON (HILL, WILLIAM) |
| Filing 7 NOTICE of Attorney Appearance by attorney MARK DOROSIN on behalf of Plaintiffs GREGORY DRUMWRIGHT, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION (DOROSIN, MARK) |
| Filing 6 NOTICE of Attorney Appearance by attorney ELIZABETH HADDIX on behalf of Plaintiffs GREGORY DRUMWRIGHT, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION (HADDIX, ELIZABETH) |
| Filing 5 NOTICE of Attorney Appearance by attorney JACLYN A. MAFFETORE on behalf of Plaintiffs GREGORY DRUMWRIGHT, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION (MAFFETORE, JACLYN) |
| Filing 4 NOTICE of Attorney Appearance by attorney KRISTI L. GRAUNKE on behalf of Plaintiffs GREGORY DRUMWRIGHT, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION (GRAUNKE, KRISTI) |
| Filing 3 NOTICE of Attorney Appearance by attorney DANIEL K. SIEGEL on behalf of Plaintiffs GREGORY DRUMWRIGHT, EDITH ANN JONES, JUSTICE FOR THE NEXT GENERATION (SIEGEL, DANIEL) |
| Filing 2 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Hicks, Samantha) |
| 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. (Hicks, Samantha) |
| Filing 1 COMPLAINT FOR TEMPORARY RESTRAINING ORDER AND EMERGENCY DECLARATORY AND INJUNCTIVE RELIEF Justice for the Next Generation et al against All Defendants ( Filing fee $ 400 receipt number 0418-2923707.)(Related Case # 1:20-cv-613), filed by GREGORY B. DRUMWRIGHT, Justice for the Next Generation, Edith Ann Jones.(HADDIX, ELIZABETH) Modified on 11/3/2020 to correct event description. (Hicks, Samantha) |
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