NEVE v. BIRKHEAD et al
Plaintiff: CHRISTOPHER NEVE
Defendant: WENDELL M. DAVIS, JOHN OR JANE DOES 1-20 and CLARENCE F. BIRKHEAD
Case Number: 1:2021cv00308
Filed: April 16, 2021
Court: US District Court for the Middle District of North Carolina
Presiding Judge: LORETTA C BIGGS
Referring Judge: JOE L WEBSTER
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2021 Opinion or Order Filing 24 ORDER denying #22 Motion for Leave to File Excess Pages. Signed by JUDGE LORETTA C. BIGGS on 06/02/2021.(Taylor, Abby)
June 2, 2021 Opinion or Order Filing 23 ORDER granting #21 Motion for Extension of Time to File Response/Reply. Plaintiff shall have up to and including June 22, 2021 within which to file an opposition to Defendants' Motion to Dismiss. Signed by JUDGE LORETTA C. BIGGS on 06/02/2021.(Taylor, Abby)
June 2, 2021 Motions Submitted: #21 MOTION for Extension of Time to File Response/Reply as to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , LACK OF SUBJECT MATTER JURISDICTION AND LACK OF PERSONAL JURISDICTION, #18 Memorandum, / Plaintiff's Motion for Exte, #22 MOTION for Leave to File Excess Pages / Plaintiff's Motion for Leave to Exceed Word-Count Limitation in Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
June 1, 2021 Filing 22 MOTION for Leave to File Excess Pages / Plaintiff's Motion for Leave to Exceed Word-Count Limitation in Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss by CHRISTOPHER NEVE. Responses due by 6/8/2021 (Attachments: #1 Text of Proposed Order)(DOBSON, JEFFREY)
June 1, 2021 Filing 21 MOTION for Extension of Time to File Response/Reply as to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , LACK OF SUBJECT MATTER JURISDICTION AND LACK OF PERSONAL JURISDICTION, #18 Memorandum, / Plaintiff's Motion for Extension of Time to File Opposition to Defendants' Motion to Dismiss by CHRISTOPHER NEVE. (Attachments: #1 Text of Proposed Order)(DOBSON, JEFFREY)
June 1, 2021 Filing 20 WITHDRAWAL of Motion by Plaintiff CHRISTOPHER NEVE re #2 First MOTION for Preliminary Injunction filed by CHRISTOPHER NEVE (DOBSON, JEFFREY)
May 18, 2021 Filing 19 RESPONSE in Opposition re #2 First MOTION for Preliminary Injunction filed by CHRISTOPHER NEVE filed by CLARENCE F. BIRKHEAD, WENDELL M. DAVIS, JOHN OR JANE DOES 1-20. Replies due by 6/1/2021 (WILSON, DANIELLE)
May 18, 2021 Filing 18 MEMORANDUM filed by Defendants CLARENCE F. BIRKHEAD, WENDELL M. DAVIS, JOHN OR JANE DOES 1-20 re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , LACK OF SUBJECT MATTER JURISDICTION AND LACK OF PERSONAL JURISDICTION filed by CLARENCE F. BIRKHEAD, WENDELL M. DAVIS, JOHN OR JANE DOES 1-20. (WILSON, DANIELLE)
May 18, 2021 Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , LACK OF SUBJECT MATTER JURISDICTION AND LACK OF PERSONAL JURISDICTION by CLARENCE F. BIRKHEAD, WENDELL M. DAVIS, JOHN OR JANE DOES 1-20. Response to Motion due by 6/8/2021 (WILSON, DANIELLE)
May 18, 2021 Filing 16 NOTICE of Attorney Appearance by attorney JESSE H. RIGSBY, IV on behalf of Defendants CLARENCE F. BIRKHEAD, WENDELL M. DAVIS, JOHN OR JANE DOES 1-20 (RIGSBY, JESSE)
May 18, 2021 Filing 15 NOTICE of Attorney Appearance by attorney DANIELLE BARBOUR WILSON on behalf of Defendants CLARENCE F. BIRKHEAD, WENDELL M. DAVIS, JOHN OR JANE DOES 1-20 (WILSON, DANIELLE)
May 12, 2021 Reset Deadlines/Hearings: CLARENCE F. BIRKHEAD answer due 5/18/2021. (Garland, Leah)
May 3, 2021 Filing 14 AFFIDAVIT OF SERVICE as to WENDELL M. DAVIS served on 5/3/2021, answer due 5/24/2021. (BREHM, ELIZABETH)
April 29, 2021 Filing 13 AFFIDAVIT OF SERVICE as to CLARENCE F. BIRKHEAD served on 4/27/2021, answer due 5/18/2021. (BREHM, ELIZABETH) Modified on 5/12/2021 to correct service date. (Garland, Leah)
April 19, 2021 Filing 12 Additional Attachments to Main Document re #5 Declaration / Exhibits A - EE to Declaration of Elizabeth A. Brehm, Esq. dated April 14, 2021. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T, #20 Exhibit U, #21 Exhibit V, #22 Exhibit W, #23 Exhibit X, #24 Exhibit Y, #25 Exhibit Z, #26 Exhibit AA, #27 Exhibit BB, #28 Exhibit CC, #29 Exhibit DD, #30 Exhibit EE)(DOBSON, JEFFREY)
April 18, 2021 Filing 11 Additional Attachments to Main Document re #2 First MOTION for Preliminary Injunction , #3 Memorandum Proposed Order. (DOBSON, JEFFREY)
April 16, 2021 Filing 10 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie)
April 16, 2021 Filing 9 Summons Issued as to CLARENCE F. BIRKHEAD, WENDELL M. DAVIS. (Attachments: #1 Summons - Wendell M. Davis) (Sheets, Jamie)
April 16, 2021 Filing 8 NOTICE of Special Appearance by attorney JEFFREY L. DOBSON on behalf of Plaintiff CHRISTOPHER NEVE ( Filing fee $ 25 receipt number 0418-3031041.) (DOBSON, JEFFREY)
April 16, 2021 Filing 7 NOTICE of Special Appearance by attorney JEFFREY L. DOBSON on behalf of Plaintiff CHRISTOPHER NEVE ( Filing fee $ 25 receipt number 0418-3031038.) (DOBSON, JEFFREY)
April 16, 2021 Filing 6 NOTICE of Attorney Appearance by attorney JEFFREY L. DOBSON on behalf of Plaintiff CHRISTOPHER NEVE (DOBSON, JEFFREY)
April 16, 2021 Filing 5 DECLARATION of E. Brehm by Plaintiff CHRISTOPHER NEVE. (DOBSON, JEFFREY)
April 16, 2021 Filing 4 DECLARATION of Plaintiff by Plaintiff CHRISTOPHER NEVE. (DOBSON, JEFFREY)
April 16, 2021 Filing 3 MEMORANDUM filed by Plaintiff CHRISTOPHER NEVE re #2 First MOTION for Preliminary Injunction filed by CHRISTOPHER NEVE. (DOBSON, JEFFREY)
April 16, 2021 Filing 2 First MOTION for Preliminary Injunction by CHRISTOPHER NEVE. Response to Motion due by 5/7/2021 (Attachments: #1 Supplement Memorandum In Support of TRO)(DOBSON, JEFFREY)
April 16, 2021 Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0418-3030897), filed by CHRISTOPHR NEVE. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Pfizer EUA, #3 Exhibit B Moderan EUA, #4 Exhibit C Janssen EUA, #5 Exhibit D Pfizer Protocol, #6 Exhibit E. Moderna Protocol, #7 Exhibit F. Janssen Protocol, #8 Exhibit G. Pfizer Briefing Doc, #9 Exhibit H. Moderna Briefing Doc, #10 Exhibit I. Janssen Briefing Doc, #11 Exhibit J. EUA Authorization, #12 Exhibit K. PFizer Fact Sheet (HCP), #13 Exhibit L. Moderna Fact Sheet (HCP), #14 Exhibit M. Janssen Fact Sheet (HCP), #15 Exhibit N. Pfizer Fact Sheet Recipeint, #16 Exhibit O. Moderna Fact Sheet Recipeint, #17 Exhibit P. Janssen Fact Sheet Recipeint, #18 Exhibit Q. Sheriff Mandate, #19 Exhibit R. Fauci on Infection and Trans., #20 Exhibit S. NCDOH FAQ, #21 Exhibit T. Lazarus Final Report, #22 Exhibit U. VAER Vaccine Injury Data, #23 Exhibit V. Jan 25 Email, #24 Exhibit W. Jan 29 Email, #25 Exhibit X. Feb 5 Email, #26 Exhibit Y. March 10 Email, #27 Exhibit Z. LWOP Memo, #28 Exhibit AA. County Manager Email, #29 Exhibit AB. Termination, #30 AC. FDA Guidance, #31 AD. Cohen VRBPAC, #32 AE. Cohen VRBPAC -2) (DOBSON, JEFFREY) Modified on 4/16/2021 to correct filing against party name. (Sheets, Jamie)
April 16, 2021 Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)
April 16, 2021 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)

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Defendant: WENDELL M. DAVIS
Represented By: DANIELLE BARBOUR WILSON
Represented By: JESSE H. RIGSBY, IV
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Defendant: JOHN OR JANE DOES 1-20
Represented By: DANIELLE BARBOUR WILSON
Represented By: JESSE H. RIGSBY, IV
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Defendant: CLARENCE F. BIRKHEAD
Represented By: DANIELLE BARBOUR WILSON
Represented By: JESSE H. RIGSBY, IV
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Plaintiff: CHRISTOPHER NEVE
Represented By: AARON SIRI
Represented By: ELIZABETH A. BREHM
Represented By: JEFFREY L. DOBSON
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