BROWN JR. v. CITY OF DURHAM POLICE DEPARTMENT et al
| MARK W BROWN JR. |
| CITY OF DURHAM POLICE DEPARTMENT, PATRICE V ANDREWS, GEORGE ZEIPEKKIS and TYLER STEBBINS |
| 1:2023cv01038 |
| November 30, 2023 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOI ELIZABETH PEAKE |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 4, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Motion Submitted: #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE LORETTA C. BIGGS. (db) |
| Filing 35 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent to jurisdiction)(al) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOI ELIZABETH PEAKE. (al) |
| 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. (al) |
| Filing 34 Case transferred in from District of North Carolina Eastern; Case Number 5:23-cv-00405. Original file certified copy of transfer order and docket sheet received. |
Filing 33
ORDER - The court GRANTS defendants' motion to transfer venue #25 to the United States District Court for the Middle District of North Carolina. Signed by District Judge James C. Dever III on 11/30/2023. (Mann, Stephanie) [Transferred from North Carolina Eastern on 11/30/2023.]
|
| Motions Submitted to District Judge James C. Dever III regarding #25 MOTION to Transfer Case to U.S. District Court for the Middle District of North Carolina, Durham Division,, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Mann, Stephanie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 32 Proposed Order regarding #25 MOTION to Transfer Case to U.S. District Court for the Middle District of North Carolina, Durham Division, filed by Patrice V Andrews, City of Durham Police Department, Tyler Stebbins, George Zeipekkis. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 31 RESPONSE in Opposition regarding #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark W Brown Jr.. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 30 RESPONSE in Opposition regarding #25 MOTION to Transfer Case to U.S. District Court for the Middle District of North Carolina, Durham Division, filed by Mark W Brown Jr.. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #29 First MOTION for Extension of Time to File Response as to #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #25 MOTION to Transfer Case to U.S. District Court for the Middle District of North Carolina, Durham Division. (Mann, Stephanie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| TEXT ORDER granting Plaintiff's Motion for Extension of Time #29 . For good cause shown, it is ordered that Plaintiff has up to and including October 27, 2023, within which to respond to the Motion to Transfer #25 and Motion to Dismiss #27 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/16/2023. (Hockaday, A.) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 29 First MOTION for Extension of Time to File Response as to #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #25 MOTION to Transfer Case to U.S. District Court for the Middle District of North Carolina, Durham Division, filed by Mark W Brown Jr. (Attachments: #1 Text of Proposed Order) (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 28 Memorandum in Support regarding #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Patrice V Andrews, City of Durham Police Department, Tyler Stebbins, George Zeipekkis. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Patrice V Andrews, City of Durham Police Department, Tyler Stebbins, George Zeipekkis. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 26 Memorandum in Support regarding #25 MOTION to Transfer Case to U.S. District Court for the Middle District of North Carolina, Durham Division, filed by Patrice V Andrews, City of Durham Police Department, Tyler Stebbins, George Zeipekkis. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 25 MOTION to Transfer Case to U.S. District Court for the Middle District of North Carolina, Durham Division, filed by Patrice V Andrews, City of Durham Police Department, Tyler Stebbins, George Zeipekkis. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 24 Financial Disclosure Statement by George Zeipekkis (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 23 Financial Disclosure Statement by Patrice V Andrews (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 22 Financial Disclosure Statement by Tyler Stebbins (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 21 Financial Disclosure Statement by City of Durham Police Department (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 20 Waiver of Service Returned Executed filed by Tyler Stebbins., Certificate of Service filed by Tyler Stebbins in his official capacity. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 19 Waiver of Service Returned Executed filed by Tyler Stebbins. Tyler Stebbins waiver sent on 7/25/2023, answer due 9/23/2023., Certificate of Service filed by Tyler Stebbins in his individual capacity. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 18 Waiver of Service Returned Executed filed by George Zeipekkis., Certificate of Service filed by George Zeipekkis in his official capacity. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 17 Waiver of Service Returned Executed filed by George Zeipekkis. George Zeipekkis waiver sent on 7/25/2023, answer due 9/23/2023., Certificate of Service filed by George Zeipekkis in his individual capacity. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 16 Waiver of Service Returned Executed filed by Patrice V Andrews., Certificate of Service filed by Patrice V Andrews Chief, in her official capacity. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 15 Waiver of Service Returned Executed filed by Patrice V Andrews. Patrice V Andrews waiver sent on 7/25/2023, answer due 9/23/2023., Certificate of Service filed by Patrice V Andrews in her individual capacity. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 14 Waiver of Service Returned Executed filed by City of Durham Police Department. City of Durham Police Department waiver sent on 7/25/2023, answer due 9/23/2023. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 13 Notice of Appearance filed by Anne Marie Tosco on behalf of All Defendants. (Tosco, Anne) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, #www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Mann, Stephanie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 12 Civil Cover Sheet filed by Mark W Brown Jr. regarding #11 Corrected Complaint, #1 Complaint. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 11 CORRECTED COMPLAINT by Mark W Brown Jr. Amendment to #1 Complaint and Exhibits A and B filed separately (Attachments: #1 Exhibit A to Complaint - Facts, #2 Exhibit B to Complaint - EEOC Charge and Right to Sue) (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| NOTICE OF DEFICIENCY regarding #1 Complaint. Counsel is directed to refile because the attachments/exhibits (pages 27-29) should be filed as separate pdfs attached to the main document. See Section V.E.1(d) of the CM/ECF Policies and Procedures Manual. (Rudd, D.) [Transferred from North Carolina Eastern on 11/30/2023.] |
| NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 10 Financial Disclosure Statement by Mark W Brown Jr. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 9 REQUEST FOR WAIVER of Service sent to Tyler Stebbins, in his individual capacity on 07/25/2023 by Mark W Brown Jr.. Waiver of Service due by 8/24/2023. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 8 REQUEST FOR WAIVER of Service sent to Tyler Stebbins, Officer in his official capacity on 07/25/2023 by Mark W Brown Jr.. Waiver of Service due by 8/24/2023. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 7 REQUEST FOR WAIVER of Service sent to George Zeipekkis, in his individual capacity on 07/25/2023 by Mark W Brown Jr.. Waiver of Service due by 8/24/2023. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 6 REQUEST FOR WAIVER of Service sent to George Zeipekkis, Captain in his official capacity on 07/25/2023 by Mark W Brown Jr.. Waiver of Service due by 8/24/2023. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 5 REQUEST FOR WAIVER of Service sent to Patrice Andrews in her individual capacity on 07/25/2023 by Mark W Brown Jr.. Waiver of Service due by 8/24/2023. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 4 REQUEST FOR WAIVER of Service sent to Patrice Andrews, Chief in her official capacity on 07/25/2023 by Mark W Brown Jr.. Waiver of Service due by 8/24/2023. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 3 REQUEST FOR WAIVER of Service sent to City of Durham Police Department on 07/25/2023 by Mark W Brown Jr.. Waiver of Service due by 8/24/2023. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 2 Notice of Appearance filed by Valerie L. Bateman on behalf of Mark W Brown Jr.. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCEDC-7196370.), filed by Mark W Brown Jr.. (Bateman, Valerie) [Transferred from North Carolina Eastern on 11/30/2023.] |
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.
