JONES v. ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION et al.
| NATASHA JONES |
| ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC., NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA and THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY, N.C., INC. |
| 1:2022cv00218 |
| March 18, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| TEXT ORDER requiring the parties to file a joint notice with the Court within seven days of either (A) the expiration of the time for any party to the Cohane or McKinney appeals to seek review by the North Carolina Supreme Court without any party taking such action, or (B) the disposition by the North Carolina Supreme Court of any further appeal in Cohane and McKinney. The joint notice shall advise the Court of the foregoing development, as well as the parties' position(s) on the impact of such development for the further course of this action. Issued by MAG/JUDGE L. PATRICK AULD on 09/19/2023. (AULD, L.) |
| Filing 36 STATUS REPORT by ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY, N.C., INC.. (Attachments: #1 Opinion in Cohane, #2 Opinion in McKinney)(D'AMBROSIO, KRISTY) |
| TEXT ORDER requiring the parties to file a joint notice within seven days of the disposition of Cohane or McKinney (or any other case which reasonably could impact the further course of this action), advising the Court about such disposition and the parties' position(s) on the impact of such disposition for the further course of this action. Issued by MAG/JUDGE L. PATRICK AULD on 08/15/2023. (AULD, L.) |
| Filing 35 STATUS REPORT by NATASHA JONES. (HIGLEY, DONALD) |
| Filing 34 STATUS REPORT by NATASHA JONES. (HIGLEY, DONALD) |
| TEXT ORDER requiring the parties to file a status report on or before 05/03/2023, regarding any developments in the Cohane and McKinney cases (and/or any other case which reasonably could impact the further course of this action). Issued by MAG/JUDGE L. PATRICK AULD on 04/19/2023. (AULD, L.) |
| Filing 33 STATUS REPORT by ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY, N.C., INC.. (D'AMBROSIO, KRISTY) |
| TEXT ORDER (A) terminating #29 Certification and Joint Report of F.R.C.P. 26(f) Conference; (B) granting #30 Amended Joint Motion to Stay; (C) staying this action pending a ruling on the constitutionality and applicability of the statute of limitations revival provisions of S.L. 2019-245 in Cohane v. The Home Missioners of Am., 21-CVS-10855 (Meck. Cty. Super. Ct. Oct. 27, 2021), on appeal, 22-143 (N.C. Ct. App. filed Nov. 18, 2021), and McKinney v. Goins, No. 109PA22 (N.C.) (discretionary review granted July 5, 2022); (D) requiring the parties to file a joint notice within seven days of the disposition of Cohane or McKinney (or any other case which reasonably could impact the further course of this action), advising the Court about such disposition and the parties' position(s) on the impact of such disposition for the further course of this action; (E) requiring the parties to file a status report on 11/28/2022, advising the Court about any developments (short of disposition) in Cohane and McKinney (or any other case which reasonably could impact the further course of this action); and (F) granting in part #31 Consent Motion for Extension of Time, in that the time for Plaintiff to respond to #22 First Motion to Dismiss and #25 Motion to Dismiss is tolled pending further order from this Court. Issued by MAG/JUDGE L. PATRICK AULD on 07/27/2022. (AULD, L.) |
| MAG/JUDGE L. PATRICK AULD no longer assigned to case as referral judge. (Williamson, Wanda) |
| Case Reassigned to MAG/JUDGE L. PATRICK AULD as presider. JUDGE CATHERINE C. EAGLES no longer assigned to the case. See #32 Order of Reference. (Williamson, Wanda) |
| Motions Referred: RE: #31 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss, #30 Amended MOTION to Stay , to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
Filing 32
ORDER OF REFERENCE To a United States Magistrate Judge signed by JUDGE CATHERINE C. EAGLES on 7/25/2022; that this case is referred to United States Magistrate Judge L. Patrick Auld to conduct all proceedings including a jury or nonjury trial, to order the entry of judgment, and to conduct all post-judgment proceedings therein. (Carter, Alexus)
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| Motions Submitted: #31 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss, #30 Amended MOTION to Stay to JUDGE CATHERINE C. EAGLES. (Winchester, Robin) |
| Motions No Longer Submitted #31 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss, #30 Amended MOTION to Stay (Winchester, Robin) |
| CASE REFERRED RE: Order of Reference, to JUDGE CATHERINE C. EAGLES (Williamson, Wanda) |
| Filing 31 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss by NATASHA JONES. (Attachments: #1 Text of Proposed Order)(HIGLEY, DONALD) |
| Filing 30 Amended MOTION to Stay by NATASHA JONES. Response to Motion due by 8/12/2022 (Attachments: #1 Exhibit, #2 Text of Proposed Order)(HIGLEY, DONALD) |
| Motions Referred: RE: #29 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| Filing 29 JOINT RULE 26(f) REPORT filed by all parties. Est. Trial Days: 5. (GAROFALO, MEL) Modified on 7/18/2022 to correct event used. Requested amended report with dates certain. (Garrett, Kim). |
| Filing 28 STIPULATION Consent to Jurisdiction by a United States Magistrate Judge by ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY, N.C., INC.. (GAROFALO, MEL) |
| Filing 27 NOTICE of Attorney Appearance by attorney KRISTY MARIE D'AMBROSIO on behalf of Defendants ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC. (D'AMBROSIO, KRISTY) |
| Filing 26 MEMORANDUM filed by Defendants ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC. re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Memorandum in Support of Motion to Dismiss) filed by ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC.. (Attachments: #1 Exhibit A - Gen. Assembly NC Senate Bill DRS35069-ML-45B, #2 Exhibit B - Gen. Assembly NC Senate Bill 199, #3 Exhibit C - Gen Assembly NC Senate Bill 199 - 7th ed., #4 Exhibit D - Gen. Assembly NC Senate Bill 199 - Ratified, #5 Exhibit E - Gen Assembly NC Senate Bill 199 - Session 2019-245, #6 Exhibit F - Order denying in part/granting in part Mt to Dismiss and Denying as Moot Plaintiff's Mt to Transfer in Cohane Case, #7 Exhibit G - Order granting Defendants' Mt to Dismiss in Jones Case)(GAROFALO, MEL) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC.. Response to Motion due by 7/27/2022 (GAROFALO, MEL) |
| Motions Submitted: #24 First MOTION for Extension of Time to File Response/Reply to Defendant National Council of Young Men's Christian Associations of the United States of America's Motion to Dismiss to JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 7/6/22. The plaintiffs motion, Doc. 24, is GRANTED and the plaintiff has until July 22, 2022 to respond to Defendant National Council of Young Mens Christian Associations of the United States of Americas Motion to Dismiss. This extension does not affect the obligations of the parties related to the upcoming Initial Pretrial Conference. See, e.g., LR 16.1. (Winchester, Robin)
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| Filing 24 First MOTION for Extension of Time to File Response/Reply to Defendant National Council of Young Men's Christian Associations of the United States of America's Motion to Dismiss by NATASHA JONES. (Attachments: #1 Text of Proposed Order)(JENKINS, ROBERT) |
| Filing 23 MEMORANDUM re #22 First MOTION to Dismiss by Defendant NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA. (Attachments: #1 Exhibit)(TISDALE, H.) |
| Filing 22 First MOTION to Dismiss by NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA. Response to Motion due by 7/8/2022 (TISDALE, H.) |
| Filing 21 BRIEF re #16 Order on Motion to Stay,,,,, by Defendants ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC. filed by ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC.. (Attachments: #1 Exhibit NC Secretary of State data showing corporate history)(GAROFALO, MEL) |
| Filing 20 (FILED IN ERROR) RESPONSE re #16 Order on Motion to Stay,,,,, filed by ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC.. Replies due by 6/29/2022 (Attachments: #1 Exhibit 1 - NC Secretary of State Documents)(GAROFALO, MEL) |
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Filing 19
ORDER signed by JUDGE CATHERINE C. EAGLES on 6/8/2022; that the motion, Doc. #18 , is GRANTED. Defendant shall have up to and including June 17, 2022, to answer or otherwise respond to Plaintiff's Complaint. (Carter, Alexus)
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| Motions Submitted: #18 Consent MOTION for Extension of Time to File Answer re #2 Complaint to JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
| Filing 18 Consent MOTION for Extension of Time to File Answer re #2 Complaint by NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(TISDALE, H.) |
| Filing 17 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 7/25/2022 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
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Filing 16
ORDER signed by JUDGE CATHERINE C. EAGLES on 5/31/2022; that: 1. The motion to stay, Doc. #15 , is DENIED without prejudice to a better plan less likely to result in a long delay and more likely to bring the case to efficient and fair resolution sooner. 2. The time to answer or otherwise respond for the defendant National Council of Young Men's Christian Association of the United States of America is extended until June 10, 2022. 3. The case is referred to the Magistrate Judge for initial pretrial conference and discovery order. 4. No later than June 21, 2022, The Rowan-Cabarrus Young Men's Christian Association and the Young Men's Christian Association of Rowan County, N.C. Inc. shall file a brief explaining the basis for their objection to subject matter jurisdiction and attaching any evidence necessary to support their objection. Whether they proceed or abandon this defense, these defendants must affirmatively present evidence of the citizenship of the Young Men's Christian Association of Rowan County, N.C. If they abandon the defense, they shall explain why they raised the defense in their answer and if they pursue the defense, they shall explain why they consented to removal. Upon evaluation, the Court will decide if additional briefing is required. (Carter, Alexus)
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| Motions Submitted: #15 Consent MOTION to Stay All Proceedings to JUDGE CATHERINE C. EAGLES. (Winchester, Robin) |
| Filing 15 Consent MOTION to Stay All Proceedings by NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA. Response to Motion due by 6/15/2022 (Attachments: #1 Text of Proposed Order)(TISDALE, H.) |
| Motions Referred: RE: #14 Consent MOTION for Extension of Time to File Answer re #2 Complaint , to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| TEXT ORDER granting #14 Motion for Extension of Time. NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA shall answer or otherwise respond by 05/25/2022. Issued by MAG/JUDGE L. PATRICK AULD on 04/26/2022. (AULD, L.) |
| Filing 14 Consent MOTION for Extension of Time to File Answer re #2 Complaint by NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(TISDALE, H.) |
| Filing 13 ANSWER to #2 Complaint with Jury Demand by ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC.. (GAROFALO, MEL) |
| Filing 12 Corporate Disclosure Statement by Defendant THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC.. (GAROFALO, MEL) |
| Filing 11 Corporate Disclosure Statement by Defendant ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION. (GAROFALO, MEL) |
| Filing 10 NOTICE of Attorney Appearance by attorney ROBERT O. JENKINS on behalf of Plaintiff NATASHA JONES (JENKINS, ROBERT) |
| Filing 9 NOTICE of Attorney Appearance by attorney DONALD S. HIGLEY, III on behalf of Plaintiff NATASHA JONES (HIGLEY, DONALD) |
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ORDER granting #8 Motion for Extension of Time to Answer for the NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA. Answer due by 4/25/2022. Signed by John Brubaker, Clerk of Court, on 3/24/2022. (Brubaker, John)
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| Filing 8 Consent MOTION for Extension of Time to File Response/Reply as to #2 Complaint by NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(TISDALE, H.) Modified on 3/24/2022 to use proper docketing event. (Brubaker, John). |
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ORDER granting #7 Motion for Extension of Time to Answer for ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION and THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC. Answer due by 4/20/2022. Signed by John Brubaker, Clerk of Court, on 3/23/2022. (Brubaker, John)
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| Filing 7 Consent MOTION for Extension of Time to File Answer re #2 Complaint by ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC.. (Attachments: #1 Text of Proposed Order Proposed Order for EOT)(GAROFALO, MEL) |
| Filing 6 NOTICE of Attorney Appearance by attorney MEL JOSEPH GAROFALO on behalf of Defendants ROWAN-CABARRUS YOUNG MENS CHRISTIAN ASSOCIATION, THE YOUNG MENS CHRISTIAN ASSOCIATION OF ROWAN COUNTY Y, N.C., INC. (GAROFALO, MEL) |
| Filing 5 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin) |
| Filing 4 Notice of Right to Consent. (Attachments: #1 Consent Form) (Carter, Alexus) |
| 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. (Carter, Alexus) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
| Filing 3 Summons Issued as to NATIONAL COUNCIL OF YOUNG MENS CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA. (Originally filed in Rowan County Superior Court, Case Number: 21-CVS-2585, issued 12/28/2021, and listed as Exhibit 2 to the Petition for Removal.) (Carter, Alexus) |
| Filing 2 COMPLAINT against All Defendants, filed by NATASHA JONES. (Originally filed in Rowan County Superior Court, Case Number: 21-CVS-2585, and listed as Exhibit 2 to the Petition for Removal.) (Carter, Alexus) |
| Filing 1 PETITION FOR REMOVAL against Natasha Jones ( Filing fee $ 402 receipt number ANCMDC-3261416.), filed by National Council of Young Mens Christian Associations of the United States of America. (Attachments: #1 Exhibit Service of Process Receipt, #2 Exhibit Summons and Complaint, #3 Exhibit Notice of Removal to Federal Court, #4 Exhibit Consent to Removal)(TISDALE, H.) |
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