SINGH et al v. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL et al
| DR. HARSHARAN KAUR SINGH, DR. VOLKER REINHOLD AUGUST NICKELEIT, HARSHARAN KAUR SINGH, M.D. and VOLKER REINHOLD AUGUST NICKELEIT, M.D. |
| UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE, JANET HADAR, DR. THOMAS S. IVESTER, DR. RUSSELL BROADDUS, LISA VOSS, DEREK V. HOAR, HARVEY L. LINEBERRY, II, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM doing business as UNC HEALTH CARE, JANET HADAR, MSN, DR. THOMAS S. IVESTER, M.D., DR. RUSSELL BROADDUS, M.D. and HARVEY L. LINEBERRY, PhD. |
| 1:2022cv00294 |
| April 13, 2022 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOE L WEBSTER |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 36
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 05/12/2022, that UNC-Health Defendants' Motion for Leave to File Sur-Reply, (Doc. #26 ), is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' motion for preliminary injunction as requested in Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. #2 ), is DENIED. IT IS FURTHER ORDERED that Plaintiffs' motion for a temporary restraining order as requested in Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. #2 ), is DENIED as moot. (Bowers, Alexis)
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Filing 35
WAIVER OF SERVICE Returned Executed by VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D.. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL waiver sent on 4/28/2022, answer due 6/27/2022; UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE waiver sent on 4/28/2022, answer due 6/27/2022. (PARRY, KIRK)
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Filing 34
WAIVER OF SERVICE Returned Executed by VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D.. JANET HADAR, MSN waiver sent on 4/28/2022, answer due 6/27/2022; THOMAS S. IVESTER, M.D. waiver sent on 4/28/2022, answer due 6/27/2022; UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM waiver sent on 4/28/2022, answer due 6/27/2022. (PARRY, KIRK)
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Filing 33
WAIVER OF SERVICE Returned Executed by VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D.. RUSSELL BROADDUS, M.D. waiver sent on 4/28/2022, answer due 6/27/2022; DEREK V. HOAR waiver sent on 4/28/2022, answer due 6/27/2022; HARVEY L. LINEBERRY, PhD. waiver sent on 4/28/2022, answer due 6/27/2022; LISA VOSS waiver sent on 4/28/2022, answer due 6/27/2022. (PARRY, KIRK)
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Filing 32
RESPONSE re #31 Notice (Other) by VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D.. Replies due by 5/25/2022 (PARRY, KIRK)
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Filing 31
NOTICE by JANET HADAR, MSN, THOMAS S. IVESTER, M.D., UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM Notice Regarding Amendment of NPDB Reports (Attachments: #1 Exhibit A - 5-9-22 Email Exchange)(POWELL, BRENT)
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Filing 30
NOTICE of Attorney Appearance by attorney ROBERT T. BROUGHTON on behalf of Defendant THOMAS S. IVESTER, M.D. (BROUGHTON, ROBERT)
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Filing 29
NOTICE of Attorney Appearance by attorney ROBERT T. BROUGHTON on behalf of Defendant JANET HADAR, MSN (BROUGHTON, ROBERT)
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Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR: Motion Hearing held on 5/6/2022 re #2 MOTION for Preliminary Injunction filed by HARSHARAN KAUR SINGH, M.D., VOLKER REINHOLD AUGUST NICKELEIT, M.D., #16 MOTION to Dismiss for Lack of Jurisdiction. Parties advised that this matter is hereby taken under advisement; Written Order forthcoming. (Attorney(s) Janine L. Peress, Kirk Alan Parry, Jr., and Andrew A. Kasper appeared on behalf of plaintiffs; Attorney(s) Marla S. Bowman, Brent F. Powell, and Robert T. Broughton appeared on behalf of defendants; Court Reporter Joseph Armstrong) (Kemp, Donita)
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Filing 28
REPLY, filed by Defendants RUSSELL BROADDUS, M.D., JANET HADAR, MSN, DEREK V. HOAR, THOMAS S. IVESTER, M.D., HARVEY L. LINEBERRY, PhD., UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE, LISA VOSS, to Response to #16 MOTION to Dismiss for Lack of Jurisdiction filed by RUSSELL BROADDUS, M.D., JANET HADAR, MSN, DEREK V. HOAR, THOMAS S. IVESTER, M.D., HARVEY L. LINEBERRY, PhD., UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE, LISA VOSS. (Attachments: #1 Exhibit A - UNC Hospitals License Renewal Application, #2 Exhibit B - UNC Hospitals State Audit Report, #3 Exhibit C - UNC Health System Funds State Audit Report, #4 Exhibit D - IRS Determination)(POWELL, BRENT)
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Filing 27
NOTICE of Attorney Appearance by attorney ROBERT T. BROUGHTON on behalf of Defendant UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM (BROUGHTON, ROBERT)
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Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #26 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. (Daniel, J)
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Filing 26
MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by JANET HADAR, MSN, THOMAS S. IVESTER, M.D., UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. Response to Motion due by 5/5/2022 (Attachments: #1 Exhibit A - Proposed Sur-Reply Brief)(POWELL, BRENT)
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Filing 25
NOTICE by VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D. re #24 Brief, #23 Memorandum, #22 Brief, (Attachments: #1 Exhibit 1 - Dr. Singh Medical Board, #2 Exhibit 2 - Dr. Nickeleit Medical Board, #3 Exhibit 3 - Email to defendants' Counsel)(PARRY, KIRK)
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Filing 24
BRIEF re #20 Response in Opposition to Motion, by Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D. filed by VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D.. (PARRY, KIRK)
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Filing 23
MEMORANDUM filed by Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D. re #19 Response in Opposition to Motion, filed by VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D.. (Attachments: #1 Exhibit Q - Dr. Hladik email, #2 Exhibit R - Dr. Ivester email, #3 Exhibit S - Emails from UNC Health regarding Hearing)(PARRY, KIRK)
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Filing 22
BRIEF re #16 MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D. filed by VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D.. (Attachments: #1 Exhibit A - Emails from UNC Health regarding Hearing)(PARRY, KIRK)
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Filing 21
NOTICE of HEARING: Motion Hearing set for 5/6/2022 at 10:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN, JR., re: #2 MOTION for Temporary Restraining Order and Preliminary Injunction and #16 Motion to Dismiss for Lack of Jurisdiction. (Daniel, J)
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Filing 20
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by HARSHARAN KAUR SINGH, M.D., VOLKER REINHOLD AUGUST NICKELEIT, M.D. filed by RUSSELL BROADDUS, M.D., DEREK V. HOAR, HARVEY L. LINEBERRY, PhD., UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE, LISA VOSS. Replies due by 5/2/2022 (PADGET, ZACHARY)
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Filing 19
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by HARSHARAN KAUR SINGH, M.D., VOLKER REINHOLD AUGUST NICKELEIT, M.D., #3 Memorandum,,, filed by HARSHARAN KAUR SINGH, M.D., VOLKER REINHOLD AUGUST NICKELEIT, M.D. filed by JANET HADAR, MSN, THOMAS S. IVESTER, M.D., UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. Replies due by 5/2/2022 (POWELL, BRENT)
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Filing 18
DECLARATION filed by Defendant THOMAS S. IVESTER, M.D. re #15 MOTION to Dismiss for Lack of Jurisdiction , #16 Corrected Document, #17 Brief,, filed by THOMAS S. IVESTER, M.D.. (Attachments: #1 Exhibit 1 - UNC Hospitals Bylaws, #2 Exhibit 2 - 21 Jan. 2022 Email re HR Report, #3 Exhibit 3 - 31 Jan. 2022 Email to Hadar, #4 Exhibit 4 - 31 Jan. 2022 Notification to Nickeleit w/ attachments, #5 Exhibit 5 - 31 Jan 2022 Notification to Singh w/ attachments, #6 Exhibit 6 - 7 Feb. 2022 Email to Singh, #7 Exhibit 7 - 3 March 2022 Email to Nickeleit, #8 Exhibit 8 - 3 March 2022 Email to Singh, #9 Exhibit 9 - 4 March 2022 Email from Nickeleit, #10 Exhibit 10 - 4 March 2022 Email from Singh, #11 Exhibit 11 - 4 March 2022 Email from Singh, #12 Exhibit 12 - 7 March 2022 Email to Nickeleit, #13 Exhibit 13 - 7 March 2022 Email to Singh, #14 Exhibit 14 - 8 March 2022 Email to Nickeleit w/ Attachments, #15 Exhibit 15 - 8 March 2022 Email from Nickeleit, #16 Exhibit 16 - 8 March 2022 Email to Singh w/ Attachments, #17 Exhibit 17 - 8 March 2022 Email from Singh, #18 Exhibit 18 - 10 March 2022 Email from Nickeleit, #19 Exhibit 19 - 11 March 2022 Nickeleit Request for Hearing, #20 Exhibit 20 - 12 March 2022 Singh Request for Hearing, #21 Exhibit 21 - 13 March 2022 Email from Nickeleit, #22 Exhibit 22 - 13 March 2022 Email from Singh, #23 Exhibit 23 - 15 March 2022 Email from Nickeleit, #24 Exhibit 24 - 14 March 2022 Email from Singh, #25 Exhibit 25 - 16 March 2022 Email from Singh, #26 Exhibit 26 - 17 March 2022 Email from Nickeleit, #27 Exhibit 27 - 17 March 2022 Email exchange with Nickeleit, #28 Exhibit 28 - 17 March 2022 Email exchange with Singh)(POWELL, BRENT)
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Filing 17
BRIEF re #15 MOTION to Dismiss for Lack of Jurisdiction , #16 Corrected Document, by Defendants RUSSELL BROADDUS, M.D., JANET HADAR, MSN, DEREK V. HOAR, THOMAS S. IVESTER, M.D., HARVEY L. LINEBERRY, PhD., UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE, LISA VOSS filed by RUSSELL BROADDUS, M.D., JANET HADAR, MSN, DEREK V. HOAR, THOMAS S. IVESTER, M.D., HARVEY L. LINEBERRY, PhD., UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE, LISA VOSS. (POWELL, BRENT)
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Filing 16
Corrected document re: #15 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit A - SOM Compensation Plan Excerpts, #2 Exhibit B - Academic Personnel Policies - Excerpts, #3 Exhibit C - Broaddus Declaration)(POWELL, BRENT) Modified on 4/27/2022 to reflect Motion refiled to include Exhibits. (Daniel, J)
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Filing 15
*Termed* See #16 ) for Corrected MOTION to Dismiss for Lack of Jurisdiction by RUSSELL BROADDUS, M.D., JANET HADAR, MSN, DEREK V. HOAR, THOMAS S. IVESTER, M.D., HARVEY L. LINEBERRY, PhD., UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE, LISA VOSS. Response to Motion due by 5/2/2022. (POWELL, BRENT) Modified text on 4/27/2022 to reflect termed, see #16 . (Daniel, J)
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Filing 14
NOTICE of Attorney Appearance by attorney MARLA S. BOWMAN on behalf of Defendant UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL (BOWMAN, MARLA)
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Filing 13
NOTICE of Attorney Appearance by attorney ZACHARY A. PADGET on behalf of Defendants RUSSELL BROADDUS, M.D., DEREK V. HOAR, HARVEY L. LINEBERRY, PhD., UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE, LISA VOSS (PADGET, ZACHARY)
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Minute Entry for Telephone Conference held before JUDGE WILLIAM L. OSTEEN, JR., on 4/21/2022. Attorneys Andrew A. Kasper, Amy Zamir, Janine L. Peress, Marla S. Bowman, Brent F. Powell and Zach Padget participated on behalf of their respective clients or likely clients. This court addressed a proposed briefing schedule with the parties with respect to briefing and pleading deadlines. The parties conferred and agreed upon the schedule outlined by the court, that is, Defendants' response to Plaintiffs' motion for preliminary injunction (Doc. #2 ) and Defendants' motion to dismiss, limited to a jurisdictional challenge only pursuant to Fed. R. Civ. P. 12(b)(1) due 4/25/2022. Plaintiffs' response to the motion to dismiss and Plaintiffs' reply to any response by Defendants to the motion for preliminary injunction due 5/2/2022. Defendants' reply to Plaintiffs' response to the motion to dismiss due 5/5/2022. Motions Hearing set 5/6/2022 at 10:30 a.m. in Greensboro, Courtroom 1. Defendants acceptance of this court's limitation of responses to the motion for preliminary injunction to a response and a 12(b)(1) motion only shall not be construed as a waiver of Defendants' right to later file a motion pursuant to Fed. R. Civ. P. 12(b)(6) in response to the complaint if appropriate. Defendants' retain the right to later file a 12(b) (6) motion in response to the Complaint. (Welch, Kelly)
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Filing 12
STATEMENT re Order,,,, (Joint Statement) by Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D.. (PARRY, KIRK)
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CASE REFERRED to JUDGE WILLIAM L. OSTEEN, JR., re: #12 Joint Statement and #2 MOTION for Temporary Restraining Order and Preliminary Injunction. (Daniel, J)
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Filing 11
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Carter, Alexus)
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Filing 10
Summons Issued as to All Defendants. (Attachments: #1 Summons - UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, #2 Summons - UNIVERSITY OF NORTH CAROLINA SCHOOL OF MEDICINE, #3 Summons - JANET HADAR, MSN, #4 Summons - DR. THOMAS S. IVESTER, M.D., #5 Summons - DR. RUSSELL BROADDUS, M.D., #6 Summons - LISA VOSS, #7 Summons - DEREK V. HOAR, #8 Summons - HARVEY L. LINEBERRY, PhD.) (Carter, Alexus)
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Filing 9
NOTICE of Special Appearance by attorney JANINE L. PERESS on behalf of Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D. ( Filing fee $ 25 receipt number ANCMDC-3278230.) (PERESS, JANINE)
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Filing 8
NOTICE of Special Appearance by attorney AMY ZAMIR on behalf of Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D. ( Filing fee $ 25 receipt number ANCMDC-3278156.) (ZAMIR, AMY)
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Filing 7
NOTICE of Special Appearance by attorney STUART BERNSTEIN on behalf of Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D. ( Filing fee $ 25 receipt number ANCMDC-3278149.) (BERNSTEIN, STUART)
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Filing 6
NOTICE of Special Appearance by attorney ANDREW MILTENBERG on behalf of Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, M.D., HARSHARAN KAUR SINGH, M.D. ( Filing fee $ 25 receipt number ANCMDC-3278140.) (MILTENBERG, ANDREW)
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Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Carter, Alexus)
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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)
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TEXT ORDER: This court has reviewed the motion for a TRO and Preliminary Injunction. (Doc. 2.) The attachments indicate Plaintiffs have notified counsel for Defendants. In light of Defendants' intention to participate in any hearing, (Doc. 2-3 at 2), this court directs the parties to meet and confer over the following questions: 1. If this court is able to schedule a preliminary injunction hearing within the next two weeks, is a hearing on the TRO also required? 2. Will live testimony be presented at any TRO and/or preliminary injunction hearing? 3. How much time will be necessary for any TRO and/or preliminary injunction hearing? The conference may take place by telephone or videoconference. Once the parties have conferred, Plaintiffs shall prepare a joint statement describing the parties' respective positions on the questions presented in this Text Order. Upon review of the joint statement, the case manager will notify the parties of a date, time, and place for any required hearing(s). Issued by JUDGE WILLIAM L. OSTEEN, JR on 4/14/2022. (Welch, Kelly)
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Motion Submitted: #2 MOTION for Temporary Restraining Order and Preliminary Injunction to JUDGE WILLIAM L. OSTEEN, JR. (Marsh, Keah)
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Filing 5
NOTICE of Attorney Appearance by attorney ANDREW A. KASPER on behalf of Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, HARSHARAN KAUR SINGH (KASPER, ANDREW)
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Filing 4
NOTICE of Attorney Appearance by attorney KIRK ALAN PARRY, JR on behalf of Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, HARSHARAN KAUR SINGH (PARRY, KIRK)
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Filing 3
MEMORANDUM filed by Plaintiffs VOLKER REINHOLD AUGUST NICKELEIT, HARSHARAN KAUR SINGH re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by VOLKER REINHOLD AUGUST NICKELEIT, HARSHARAN KAUR SINGH. (Attachments: #1 Exhibit A - Singh Declaration, #2 Exhibit B - Nickeleit Declaration, #3 Exhibit C - HR Report Singh, #4 Exhibit D - HR Report Nickeleit, #5 Exhibit E - Committee Report - Singh, #6 Exhibit F - Committee Report - Nickeleit, #7 Exhibit G - MSEC Report Singh, #8 Exhibit H - MSC Report Nickeleit, #9 Exhibit I - NPDB Singh, #10 Exhibit J - NPDB Nickeleit, #11 Exhibit K - UNC By-Laws, #12 Exhibit L - Singh Annual Faculty Review, #13 Exhibit M - Nickeleit Annual Faculty Review, #14 Exhibit N - Corresp Voss to Singh, #15 Exhibit O - Corresp Voss to Nickeleit, #16 Exhibit Ivester email)(PARRY, KIRK)
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Filing 2
MOTION for Temporary Restraining Order and Preliminary Injunction by VOLKER REINHOLD AUGUST NICKELEIT, HARSHARAN KAUR SINGH. Response to Motion due by 5/4/2022 (Attachments: #1 Exhibit 1 - Notification of TRO, #2 Exhibit 2 - Bowman Email, #3 Exhibit 3 - Powell Email)(PARRY, KIRK)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCMDC-3277840.), filed by VOLKER REINHOLD AUGUST NICKELEIT, HARSHARAN KAUR SINGH.(PARRY, KIRK)
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