SUTTON, et al v. ROCKINGHAM COUNTY et al
| BETTY K SUTTON and JUSTIN L. SUTTON |
| TAYLOR CARTER, PAUL HIGGINS, UNNAMED ROCKINGHAM COUNTY SHERIFF'S DEPUTY, ROCKINGHAM COUNTY, CHASITY WALL and THE TRAVELER'S INDEMNITY COMPANY |
| 1:2021cv00095 |
| February 3, 2021 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOE L WEBSTER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
ANSWER to Amended Complaint by TAYLOR CARTER, PAUL HIGGINS, ROCKINGHAM COUNTY, THE TRAVELER'S INDEMNITY COMPANY, UNNAMED ROCKINGHAM COUNTY SHERIFF'S DEPUTY, CHASITY WALL. (Attachments: #1 Exhibit A, patient refusal form)(THORNTON, JAMES)
|
|
Filing 16
MEMORANDUM filed by Defendants TAYLOR CARTER, PAUL HIGGINS, ROCKINGHAM COUNTY, THE TRAVELER'S INDEMNITY COMPANY, UNNAMED ROCKINGHAM COUNTY SHERIFF'S DEPUTY, CHASITY WALL re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by TAYLOR CARTER, PAUL HIGGINS, ROCKINGHAM COUNTY, THE TRAVELER'S INDEMNITY COMPANY, UNNAMED ROCKINGHAM COUNTY SHERIFF'S DEPUTY, CHASITY WALL. (THORNTON, JAMES)
|
|
Filing 15
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TAYLOR CARTER, PAUL HIGGINS, ROCKINGHAM COUNTY, THE TRAVELER'S INDEMNITY COMPANY, UNNAMED ROCKINGHAM COUNTY SHERIFF'S DEPUTY, CHASITY WALL. Response to Motion due by 4/20/2021 (Attachments: #1 Affidavit of Christopher Elliott with Ex A policy, #2 Affidavit of Taylor Carter, #3 Affidavit of Paul Higgins, #4 Affidavit of Chasity Wall)(THORNTON, JAMES)
|
|
Filing 14
WAIVER OF SERVICE Returned Executed by JUSTIN L. SUTTON. UNNAMED ROCKINGHAM COUNTY SHERIFF'S DEPUTY waiver sent on 3/11/2021, answer due 5/10/2021. (SUTTON, JUSTIN)
|
|
Filing 13
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 3/18/2021. Plaintiffs' Motion in Opposition to Defendants' Extension of Time to Serve a Responsive Pleading and Demand for Service Expenses and Attorney's Fees (Docket Entry #7 ) is DENIED. (Daniel, J)
|
|
ORAL ORDER by MAG/JUDGE JOE L. WEBSTER on 3/17/2021 finding as moot #6 Motion for Extension of Time to Answer filed by TAYLOR CARTER, PAUL HIGGINS, ROCKINGHAM COUNTY, THE TRAVELER'S INDEMNITY COMPANY, CHASITY WALL. (Kemp, Donita)
|
|
Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER in Durham: Telephone Conference held on 3/17/2021. Parties discussed #6 MOTION for Extension of Time to File Answer and #7 Counter MOTION for Extension of Time to File Answer; #6 MOTION for Extension of Time to File Answer is hereby terminated at MOOT; Defendants have until March 30, 2021 to answer or otherwise respond to Plaintiff's Amended Complaint; #7 Counter MOTION for Extension of Time to File Answer is under advisement; Order forthcoming. (Attended by Attorney Justin L. Sutton on behalf of plaintiffs; Attorney James Thornton on behalf of defendants; Proceedings Recorded) (Kemp, Donita)
|
|
Filing 12
REPLY, filed by Plaintiff JUSTIN L. SUTTON, to Response to #6 MOTION for Extension of Time to File Answer re #1 Complaint filed by JUSTIN L. SUTTON. (SUTTON, JUSTIN)
|
|
Filing 11
Supplemental RESPONSE filed by TAYLOR CARTER, PAUL HIGGINS, ROCKINGHAM COUNTY, THE TRAVELER'S INDEMNITY COMPANY, CHASITY WALL re: #8 Response to Plaintiff's Objection to Defendants' Motion for Extension of Time to Serve Responsive Pleading to Complaint. Replies due by 3/30/2021. (THORNTON, JAMES)
|
|
Filing 10
Summons Issued as to UNNAMED ROCKINGHAM COUNTY SHERIFF'S DEPUTY (Terry Gautier). (Sheets, Jamie)
|
|
Filing 9
First AMENDED COMPLAINT against defendant All Defendants, filed by JUSTIN L. SUTTON. (Attachments: #1 Exhibit LETTERS TESTAMENTARY, #2 Exhibit POWER OF ATTORNEY)(SUTTON, JUSTIN)
|
|
Set Hearing: Telephone Conference set for 3/17/2021 10:00 AM before MAG/JUDGE JOE L. WEBSTER. Re: #6 Defendants' Motion for Extension of Time to Serve a Responsive Pleading, and #7 Motion in Opposition to Defendants' Motion for Extension of Time to Serve a Responsive Pleading and Demand for Service Expenses and Attorney's Fees. (Kemp, Donita)
|
|
TEXT ORDER: The following motions are currently under the Court's advisement: #6 Defendants' Motion for Extension of Time to Serve a Responsive Pleading, and #7 Motion in Opposition to Defendants' Motion for Extension of Time to Serve a Responsive Pleading and Demand for Service Expenses and Attorney's Fees. Outside of citing applicable rules to the requests sought, the parties have not otherwise cited other authority justifying the relief sought (or defense thereto). Given the current deadlines for Defendants Rockingham County, Traveler's Indemnity Company, Taylor Carter, Paul Higgins, and Chasity Wall to file responsive pleadings, the Court will sua sponte, extend the time for said Defendants to serve responsive pleadings up to and including March 19, 2021. This matter shall be set for a telephone conference on the pending motions for Wednesday, March 17, 2021 at 10:00am. Instructions for the telephone conference shall be provided to the parties by the Clerk. Accordingly, IT IS HEREBY ORDERED that Defendants Rockingham County, Traveler's Indemnity Company, Taylor Carter, Paul Higgins, and Chasity Wall shall have up to and including March 19, 2021 to serve responsive pleadings or otherwise respond to the Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 3/9/2021. (Lee, Pedra)
|
|
Filing 8
RESPONSE re #7 Counter MOTION for Extension of Time to File Answer re #6 MOTION for Extension of Time to File Answer re #1 Complaint filed by TAYLOR CARTER, PAUL HIGGINS, ROCKINGHAM COUNTY, THE TRAVELER'S INDEMNITY COMPANY, CHASITY WALL. Replies due by 3/17/2021 (THORNTON, JAMES)
|
|
Filing 7
Counter MOTION for Extension of Time to File Answer re #6 MOTION for Extension of Time to File Answer re #1 Complaint by JUSTIN L. SUTTON. (Attachments: #1 Proposed Order)(SUTTON, JUSTIN)
|
|
Motions Referred: RE: #6 MOTION for Extension of Time to File Answer re #1 Complaint , #7 Counter MOTION for Extension of Time to File Answer re #6 MOTION for Extension of Time to File Answer re #1 Complaint , to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
|
|
Filing 6
MOTION for Extension of Time to File Answer re #1 Complaint by TAYLOR CARTER, PAUL HIGGINS, ROCKINGHAM COUNTY, THE TRAVELER'S INDEMNITY COMPANY, CHASITY WALL. (Attachments: #1 Text of Proposed Order Granting Extension of Time to Serve a Responsive Pleading)(THORNTON, JAMES)
|
|
Filing 5
AFFIDAVIT OF SERVICE as to THE TRAVELER'S INDEMNITY COMPANY served on 2/18/2021, answer due 3/11/2021. (SUTTON, JUSTIN)
|
|
Filing 4
AFFIDAVIT OF SERVICE as to TAYLOR CARTER served on 2/16/2021, answer due 3/9/2021; PAUL HIGGINS served on 2/16/2021, answer due 3/9/2021; ROCKINGHAM COUNTY served on 2/16/2021, answer due 3/9/2021; CHASITY WALL served on 2/16/2021, answer due 3/9/2021. (SUTTON, JUSTIN)
|
|
Filing 3
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Hicks, Samantha)
|
|
Filing 2
Summons Issued as to TAYLOR CARTER, PAUL HIGGINS, ROCKINGHAM COUNTY, THE TRAVELER'S INDEMNITY COMPANY, CHASITY WALL. (Attachments: #1 Summons - The Traveler's Indemnity Company, #2 Summons - Taylor Carter, #3 Summons - Paul Higgins, #4 Summons - Chasity Wall) (Hicks, Samantha)
|
|
Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)
|
|
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. (Sheets, Jamie)
|
|
Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0418-2979488), filed by JUSTIN L. SUTTON, BETTY K. SUTTON. (Attachments: #1 Exhibit LETTERS TESTAMENTARY, #2 Exhibit POWER OF ATTORNEY) (SUTTON, JUSTIN)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
