LAMBETH et al v. CITY OF HIGH POINT et al
| CARL T. LAMBETH, AMY LIXL-PURCELL, CHRISTOPHER J. ESCHWEILER, JULIE MABE ESCHWEILER and DDC LAND TRUST |
| CITY OF HIGH POINT, CITY COUNCIL OF THE CITY OF HIGH POINT, GUILFORD COUNTY SCHOOLS, GUILFORD COUNTY, GUILFORD COUNTY BOARD OF EDUCATION, RONALD O. PERDUE and STACK FAMILY, LLC |
| 1:2023cv00797 |
| September 18, 2023 |
| US District Court for the Middle District of North Carolina |
| THOMAS D SCHROEDER |
| JOE L WEBSTER |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 40 Consent MOTION for Extension of Time to File Response/Reply as to #38 MOTION to Dismiss or Alternatively for Summary Judgment by DDC LAND TRUST, CHRISTOPHER J. ESCHWEILER, JULIE MABE ESCHWEILER, CARL T. LAMBETH, AMY LIXL-PURCELL. (Attachments: #1 Text of Proposed Order)(FARRELL, JACOB) |
| Filing 39 BRIEF re #38 MOTION to Dismiss or Alternatively for Summary Judgment by Defendant GUILFORD COUNTY filed by GUILFORD COUNTY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(KANE, PATRICK) |
| Filing 38 MOTION to Dismiss or Alternatively for Summary Judgment by GUILFORD COUNTY. Response to Motion due by 11/28/2023 (KANE, PATRICK) |
| Filing 37 ANSWER to Amended Complaint by GUILFORD COUNTY. (Attachments: #1 Exhibit A)(KANE, PATRICK) |
| Set/Response Deadline re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Response to Motion due by 11/28/2023. (Taylor, Abby) |
| Set/Response Deadline re #22 MOTION to Dismiss or alternatively, Substitute Parties : Response to Motion due by 11/27/2023. (Taylor, Abby) |
| TEXT ORDER Granting #35 Plaintiffs' Consent Motion for Extension of Time for Plaintiffs to Respond to Defendants Guilford County Board of Education, Guilford County Schools, City of High Point, and City Council of the City of High Point's Joint Motion to Dismiss Amended Complaint; Granting #36 Plaintiffs' Consent Motion for Extension of Time for Plaintiffs to Respond to Defendant Ronald O. Perdue's Motion to Dismiss, or in The Alternative, Substitute Parties. For good cause shown, Plaintiffs shall have up to and including November 28, 2023, within which to respond to Defendants Guilford County Board of Education, Guilford County Schools, City of High Point, and City Council of the City of High Point's Joint Motion to Dismiss Amended Complaint. Further, Plaintiffs shall have up to and including November 27, 2023, within which to respond to Defendant Ronald O. Perdue's Motion to Dismiss, or in The Alternative, Substitute Parties. Issued by MAG/JUDGE JOE L. WEBSTER on 11/1/2023.(Lee, Pedra) |
| Motions Referred RE: #35 Consent MOTION for Extension of Time to File Response/Reply as to #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #36 Consent MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss or alternatively, Substitute Parties to MAG/JUDGE JOE L. WEBSTER. (Marsh, Keah) |
| Filing 36 Consent MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss or alternatively, Substitute Parties by DDC LAND TRUST, CHRISTOPHER J. ESCHWEILER, JULIE MABE ESCHWEILER, CARL T. LAMBETH, AMY LIXL-PURCELL. (FARRELL, JACOB) |
| Filing 35 Consent MOTION for Extension of Time to File Response/Reply as to #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DDC LAND TRUST, CHRISTOPHER J. ESCHWEILER, JULIE MABE ESCHWEILER, CARL T. LAMBETH, AMY LIXL-PURCELL. (FARRELL, JACOB) |
| Filing 34 AFFIDAVIT OF SERVICE as to GUILFORD COUNTY served on 8/25/2023, answer due 9/15/2023. (FARRELL, JACOB) |
| Filing 33 AFFIDAVIT OF SERVICE as to CITY COUNCIL OF THE CITY OF HIGH POINT served on 8/23/2023, answer due 10/17/2023. (FARRELL, JACOB) |
| Filing 32 AFFIDAVIT OF SERVICE as to GUILFORD COUNTY SCHOOLS served on 8/22/2023, answer due 10/17/2023. (FARRELL, JACOB) |
| Filing 31 AFFIDAVIT OF SERVICE as to STACK FAMILY, LLC served on 8/23/2023, answer due 10/17/2023. (FARRELL, JACOB) |
| Filing 30 AFFIDAVIT OF SERVICE as to RONALD O. PERDUE served on 8/24/2023, answer due 10/17/2023. (FARRELL, JACOB) |
| Filing 29 AFFIDAVIT OF SERVICE as to GUILFORD COUNTY BOARD OF EDUCATION served on 8/22/2023, answer due 10/17/2023. (FARRELL, JACOB) |
| Filing 28 AFFIDAVIT OF SERVICE as to CITY OF HIGH POINT served on 8/24/2023, answer due 10/17/2023. (FARRELL, JACOB) |
| TEXT ORDER granting #24 Motion for Extension of Time to Answer filed by GUILFORD COUNTY. For good cause shown, Defendant Guilford County shall have up to and including November 7, 2023, in which to serve its answer or other response to Plaintiff's Amended Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 10/18/2023.(Lee, Pedra) |
| Set Answer Deadlines: GUILFORD COUNTY answer due 11/7/2023. (Taylor, Abby) |
| Filing 27 MEMORANDUM filed by Defendants CITY COUNCIL OF THE CITY OF HIGH POINT, CITY OF HIGH POINT, GUILFORD COUNTY BOARD OF EDUCATION, GUILFORD COUNTY SCHOOLS re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CITY COUNCIL OF THE CITY OF HIGH POINT, CITY OF HIGH POINT, GUILFORD COUNTY BOARD OF EDUCATION, GUILFORD COUNTY SCHOOLS. (Attachments: #1 Exhibit A - Property Deeds)(RAWSON, STEPHEN) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CITY COUNCIL OF THE CITY OF HIGH POINT, CITY OF HIGH POINT, GUILFORD COUNTY BOARD OF EDUCATION, GUILFORD COUNTY SCHOOLS. Response to Motion due by 11/7/2023 (RAWSON, STEPHEN) |
| Filing 25 ANSWER to Amended Complaint by STACK FAMILY, LLC. (Attachments: #1 Exhibit A - Deed)(HINTZE, BENJAMIN) |
| Motion Referred: RE: #24 Consent MOTION for Extension of Time to File Answer re #7 Amended Complaint to MAG/JUDGE JOE L. WEBSTER. (Marsh, Keah) |
| Filing 24 Consent MOTION for Extension of Time to File Answer re #7 Amended Complaint, by GUILFORD COUNTY. (Attachments: #1 Text of Proposed Order)(KANE, PATRICK) |
| Filing 23 Defendant Perdue's Supporting BRIEF re #22 MOTION to Dismiss or alternatively, Substitute Parties . (POWELL, ALAN) |
| Filing 22 MOTION to Dismiss or alternatively, Substitute Parties by RONALD O. PERDUE. Response to Motion due by 11/6/2023 (POWELL, ALAN) |
| Filing 21 NOTICE of Attorney Appearance by attorney ANDREW DALE IRBY on behalf of Defendant RONALD O. PERDUE (IRBY, ANDREW) |
| Filing 20 NOTICE of Attorney Appearance by attorney ALAN B. POWELL on behalf of Defendant RONALD O. PERDUE (POWELL, ALAN) |
| Filing 19 Corporate Disclosure Statement. (RAWSON, STEPHEN) |
| Filing 18 NOTICE of Attorney Appearance by attorney STEPHEN G. RAWSON on behalf of Defendants GUILFORD COUNTY BOARD OF EDUCATION, GUILFORD COUNTY SCHOOLS (RAWSON, STEPHEN) |
| Filing 17 CERTIFICATE OF SERVICE by CITY OF HIGH POINT of Text Order Granting Defendants' Consent Motion for Extension of Time (DURNOVICH, JOHN) |
ORDER granting #13 Motion for Extension of Time to Answer. Answer due by 10/17/2023. Counsel for City of High Point is directed to serve a copy of this text order on defendants and subsequently file a certificate of service. Signed by Keah Marsh on behalf of John S. Brubaker, Clerk of Court, on 9/22/2023. (Marsh, Keah)
|
| Filing 16 Corporate Disclosure Statement. (HINTZE, BENJAMIN) |
| Filing 15 NOTICE of Attorney Appearance by attorney BENJAMIN P. HINTZE on behalf of Defendant STACK FAMILY, LLC (HINTZE, BENJAMIN) |
| Filing 14 NOTICE of Attorney Appearance by attorney BRANDY L. MANSOURATY on behalf of Defendant STACK FAMILY, LLC (MANSOURATY, BRANDY) |
| Filing 13 Consent MOTION for Extension of Time to File Answer re #7 Amended Complaint, by CITY COUNCIL OF THE CITY OF HIGH POINT, CITY OF HIGH POINT, GUILFORD COUNTY, GUILFORD COUNTY BOARD OF EDUCATION, GUILFORD COUNTY SCHOOLS, RONALD O. PERDUE, STACK FAMILY, LLC. (Attachments: #1 Text of Proposed Order) (DURNOVICH, JOHN) |
| Filing 12 NOTICE of Attorney Appearance by attorney DAVID SCOTT POKELA on behalf of Plaintiffs DDC LAND TRUST, CHRISTOPHER J. ESCHWEILER, JULIE MABE ESCHWEILER, CARL T. LAMBETH, AMY LIXL-PURCELL (POKELA, DAVID) |
| Filing 11 NOTICE of Attorney Appearance by attorney OLIVIA F. FAJEN on behalf of Plaintiffs DDC LAND TRUST, CHRISTOPHER J. ESCHWEILER, JULIE MABE ESCHWEILER, CARL T. LAMBETH, AMY LIXL-PURCELL (FAJEN, OLIVIA) |
| Filing 10 Notice of Right to Consent. (Attachments: #1 Consent Form) (Bowers, Alexis) |
| Filing 9 NOTICE of Attorney Appearance by attorney JACOB FARRELL on behalf of Plaintiffs DDC LAND TRUST, CHRISTOPHER J. ESCHWEILER, JULIE MABE ESCHWEILER, CARL T. LAMBETH, AMY LIXL-PURCELL (FARRELL, JACOB) |
| Filing 8 NOTICE of Attorney Appearance by attorney PATRICK MICHAEL KANE on behalf of Defendant GUILFORD COUNTY (KANE, PATRICK) |
| Filing 7 AMENDED COMPLAINT against defendant All Defendants, filed by CHRISTOPHER J. ESCHWEILER, AMY LIXL-PURCELL, JULIE MABE ESCHWEILER, CARL T. LAMBETH, DDC LAND TRUST. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (State Court Documents originally filed in Guilford County Superior Court, case number 23cvs861, listed as Exhibit C to the #1 Petition for Removal) (Bowers, Alexis) |
| Filing 6 Summons Issued as to CITY COUNCIL OF THE CITY OF HIGH POINT, CITY OF HIGH POINT. (State Court Documents originally filed in Guilford County Superior Court, case number 23cvs861, issued on 08/18/2023, listed as Exhibit A to the #1 Petition for Removal) (Bowers, Alexis) |
| Filing 5 COMPLAINT against All Defendants, filed by CHRISTOPHER J. ESCHWEILER, AMY LIXL-PURCELL, JULIE MABE ESCHWEILER, CARL T. LAMBETH, DDC LAND TRUST. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (State Court Documents originally filed in Guilford County Superior Court, case number 23cvs861, listed as Exhibit A to the #1 Petition for Removal)(Bowers, Alexis) |
| Filing 4 NOTICE of Attorney Appearance by attorney NICOLAS EVAN TOSCO on behalf of Defendant CITY OF HIGH POINT (TOSCO, NICOLAS) |
| Filing 3 NOTICE of Attorney Appearance by attorney JOHN M. DURNOVICH on behalf of Defendant CITY OF HIGH POINT (DURNOVICH, JOHN) |
| Filing 2 NOTICE to State Court of Filing Petition for Removal by Defendants CITY COUNCIL OF THE CITY OF HIGH POINT, CITY OF HIGH POINT, GUILFORD COUNTY, GUILFORD COUNTY BOARD OF EDUCATION, GUILFORD COUNTY SCHOOLS, Ronald O Perdue, Stack Family LLC (Attachments: #1 Exhibit - Notice of Removal)(DURNOVICH, JOHN) |
| Filing 1 PETITION FOR REMOVAL from Guilford County Superior Court, case number 23cvs861 against All Plaintiffs ( Filing fee $ 402 receipt number ANCMDC-3654839.)(Related Case # ), filed by CITY OF HIGH POINT, Ronald O Perdue, City Council of the City of High Point, GUILFORD COUNTY, Stack Family LLC, GUILFORD COUNTY SCHOOLS, GUILFORD COUNTY BOARD OF EDUCATION. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Affidavit of Service of Process, #3 Exhibit C - Amended Complaint, #4 Exhibit D - Notice to State Court, #5 Exhibit E - Notice to Adverse Party)(DURNOVICH, JOHN) Modified on 9/19/2023 To replace main document to correct version per attorney office and add State Court information. (Bowers, Alexis) |
| 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. (Bowers, Alexis) |
| Case ASSIGNED to JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOE L. WEBSTER. (Bowers, Alexis) |
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.
