CIVIL RIGHTS CORPS v. WALKER et al
| CIVIL RIGHTS CORPS |
| JUDGE DORETTA L. WALKER and CLARENCE F. BIRKHEAD |
| FIRST AMENDMENT CLINIC |
| 1:2024cv00943 |
| November 13, 2024 |
| US District Court for the Middle District of North Carolina |
| JOE L WEBSTER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 39 NOTICE of Special Appearance by attorney ROBERT SEUNGCHUL CHANG on behalf of Movant FIRST AMENDMENT CLINIC ( Filing fee $ 25 receipt number ANCMDC-3988012.) (CHANG, ROBERT) |
| Reset Response Deadline re: #34 MOTION for Leave to File AMICI CURIAE: Defendant Birkhead's Response to Motion due by 2/3/2025. (lg) |
| Reset Deadlines/Hearings: DORETTA L. WALKER answer due 2/13/2025. Response to Motion due by 1/24/2025. (lg) |
| TEXT ORDER Granting in Part #35 Motion for Extension of Time to Answer or Otherwise Respond to Complaint and Motion for Preliminary Injunction; Granting in Part #36 Motion for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction and Request for Hearing; Granting #37 Motion for Extension of Time to Respond to Movants' Motion for Leave to File Brief of Amici Curiae. Defendant Durham County District Court Judge Doretta L. Walker seeks additional time to respond to Plaintiff's Complaint, along with responding to Plaintiff's Motion for Preliminary Injunction. Defendant Sheriff Clarence F. Birkhead also seeks additional time to respond to Plaintiff's Motion for Preliminary Injunction and additional time to respond to the pending Motion for Leave to File Brief of Amici Curiae. Plaintiff has filed a response, essentially opposing an extension of the deadline for filing opposition briefs to the preliminary injunction motion beyond January 24, 2025. Upon review of the motions and response, IT IS HEREBY ORDERED that Defendant Walker's Motion (Docket Entry 35) is granted to the extent that she shall have up to and including January 24, 2025 to file a response to the Motion for Preliminary Injunction; and up to and including February 13, 2025 to file her response to the Complaint. IT IS FURTHER ORDERED that Defendant Birkhead's Motions (Docket Entries 36, 37) are granted to the extent that he shall have up to and including January 24, 2025 to file a response to the Motion for Preliminary Injunction; and up to and including February 3, 2025 to file a response to the Motion for Leave to File Brief of Amici Curiae. Issued by MAG/JUDGE JOE L. WEBSTER on 12/26/2024.(pl) |
| Motions Referred: RE: #36 First MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction and Request for Hearing, #37 MOTION for Extension of Time to File Response/Reply , #35 First MOTION for Extension of Time to File Answer re #12 MOTION for Preliminary Injunction and Request for Hearing, #1 Complaint , to MAG/JUDGE JOE L. WEBSTER (ww) |
| Filing 38 RESPONSE filed by Plaintiff CIVIL RIGHTS CORPS re #35 First MOTION for Extension of Time to File Answer re #12 MOTION for Preliminary Injunction and Request for Hearing, #1 Complaint filed by DORETTA L. WALKER, #36 First MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction and Request for Hearing filed by CLARENCE F. BIRKHEAD, #37 MOTION for Extension of Time to File Response/Reply filed by CLARENCE F. BIRKHEAD filed by CIVIL RIGHTS CORPS. Replies due by 1/3/2025 (SINGLA, ROHIT) |
| Filing 37 MOTION for Extension of Time to File to Respond to #12 Motion for Leave to File Brief of Amici Curiae by CLARENCE F. BIRKHEAD. (MASSEY, CURTIS) Modified on 12/23/2024 (ww). |
| Filing 36 First MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction and Request for Hearing by CLARENCE F. BIRKHEAD. (MASSEY, CURTIS) |
| Filing 35 First MOTION for Extension of Time to File Answer re #12 MOTION for Preliminary Injunction and Request for Hearing, #1 Complaint by DORETTA L. WALKER. (Attachments: #1 Exhibit A- Declaration of Tuwana Capers, #2 Text of Proposed Order)(O'BRIEN, ELIZABETH) |
| Filing 34 MOTION for Leave to File AMICI CURIAE by FIRST AMENDMENT CLINIC. Response to Motion due by 1/3/2025 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(LUDINGTON, SARAH) |
| Answer updated for CLARENCE F. BIRKHEAD to 1/13/2025. (cb) |
| Filing 33 NOTICE of Attorney Appearance by attorney C AMANDA MARTIN on behalf of Movant FIRST AMENDMENT CLINIC (MARTIN, C) |
| Filing 32 NOTICE of Attorney Appearance by attorney SARAH HUTT LUDINGTON on behalf of Movant FIRST AMENDMENT CLINIC (LUDINGTON, SARAH) |
| Filing 31 NOTICE of Special Appearance by attorney CAITLIN GLASS on behalf of Select Role Type Sarah Ludington ( Filing fee $ 25 receipt number ANCMDC-3974216.) (GLASS, CAITLIN) |
| Filing 30 TEXT ORDER Granting #28 Motion for Extension of Time. For good cause shown, Defendant Clarence Birkhead shall have up to and including January 13, 2025 to answer or otherwise respond to the Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 12/9/2024.(pl) |
| Filing 29 NOTICE of Attorney Appearance (MASSEY, CURTIS) |
| Filing 28 First MOTION for Extension of Time to File Answer or otherwise respond to Plaintiffs Complaint by CLARENCE F. BIRKHEAD. (MASSEY, CURTIS) |
| Motions Referred: RE: #28 First MOTION for Extension of Time to File Answer or otherwise respond to Plaintiffs Complaint, to MAG/JUDGE JOE L. WEBSTER (kg) |
| Filing 27 DECLARATION of Shanta Trivedi ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (Attachments: #1 Exhibit A Trivedi CV)(SINGLA, ROHIT) |
| Filing 26 DECLARATION of Joanna Woolman ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (Attachments: #1 Exhibit A Woolman CV)(SINGLA, ROHIT) |
| Filing 25 DECLARATION of Jane M. Spinak ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (Attachments: #1 Exhibit A Spinak CV, #2 Exhibit B New York Provision)(SINGLA, ROHIT) |
| Filing 24 DECLARATION of Jay D. Blitzman ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (Attachments: #1 Exhibit A- Blitzman CV, #2 Exhibit B- NCJFCJ Resolution)(SINGLA, ROHIT) |
| Filing 23 DECLARATION of Jocelyn Simonson ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (Attachments: #1 Exhibit A - Simonson CV)(SINGLA, ROHIT) |
| Filing 22 DECLARATION of Jatoia Potts ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (SINGLA, ROHIT) |
| Filing 21 DECLARATION of Bashirah McDaniel ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (SINGLA, ROHIT) |
| Filing 20 DECLARATION of David S. Tanenhaus ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (Attachments: #1 Exhibit A- Tanenhaus CV)(SINGLA, ROHIT) |
| Filing 19 DECLARATION of Sarah Wattar ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (SINGLA, ROHIT) |
| Filing 18 DECLARATION of Carson Leigh White ISO Plaintiff's Motion for Preliminary Injunction filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum filed by CIVIL RIGHTS CORPS. (SINGLA, ROHIT) |
| Filing 17 DECLARATION filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum Declaration of Alexa Rose Richardson ISO Plaintiff's Motion for Preliminary Injunction filed by CIVIL RIGHTS CORPS. (SINGLA, ROHIT) |
| Filing 16 DECLARATION filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum Declaration of Erin Miles Cloud ISO Plaintiff's Motion for Preliminary Injunction filed by CIVIL RIGHTS CORPS. (SINGLA, ROHIT) |
| Filing 15 DECLARATION filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing, #13 Memorandum Declaration of Elizabeth Rossi ISO Plaintiff's Motion for Preliminary Injunction filed by CIVIL RIGHTS CORPS. (SINGLA, ROHIT) |
| Filing 14 DECLARATION filed by Plaintiff CIVIL RIGHTS CORPS re #13 Memorandum, #12 MOTION for Preliminary Injunction and Request for Hearing Declaration of Rohit Singla filed by CIVIL RIGHTS CORPS. (Attachments: #1 Exhibit 1- Assembly Article, #2 Exhibit 2- Risk and Protective Factors for Child Neglect, #3 Exhibit 3- Prevalence of Investigating Child Maltreatment, #4 Exhibit 4- Emancipate NC & Thrive Trive NC Memo, #5 Exhibit 5- Durham Family Court Local Rules, #6 Exhibit 6- Cogan, South Carolina Law Review, #7 Exhibit 7- Palmer, Tulane Law Review, #8 Exhibit 8- Elizabethan Court of Chancery, #9 Exhibit 9- Book of English Law, #10 Exhibit 10- Chancery Jurisdiction in Matters of Custody, #11 Exhibit 11- Habeas Corpus, #12 Exhibit 12- Chicago Tribune Article, #13 Exhibit 13- Juvenile Court Laws, #14 Exhibit 14- Fort Worth Star-Telegram Article, #15 Exhibit 15- The Times-News Article, #16 Exhibit 16- Pound Foreword, #17 Exhibit 17- Gupta-Kagan, Iowa Law Review, #18 Exhibit 18 -AFCARS Report, #19 Exhibit 19- Human Rights Watch Report)(SINGLA, ROHIT) |
| Filing 13 MEMORANDUM filed by Plaintiff CIVIL RIGHTS CORPS re #12 MOTION for Preliminary Injunction and Request for Hearing Against Sherriff Birkhead filed by CIVIL RIGHTS CORPS. (SINGLA, ROHIT) |
| Filing 12 MOTION for Preliminary Injunction and Request for Hearing by CIVIL RIGHTS CORPS. Response to Motion due by 12/23/2024 (Attachments: #1 Text of Proposed Order)(SINGLA, ROHIT) |
| Case Reassigned to MAG/JUDGE JOE L. WEBSTER. MAG/JUDGE JOI ELIZABETH PEAKE no longer assigned to the case. (km) |
| Filing 11 WAIVER OF SERVICE of SUMMONS by DORETTA L. WALKER. DORETTA L. WALKER waiver sent on 11/13/2024, answer due 1/13/2025. (O'BRIEN, ELIZABETH) |
| Filing 10 NOTICE of Attorney Appearance by attorney ELIZABETH CURRAN O'BRIEN on behalf of Defendant DORETTA L. WALKER (O'BRIEN, ELIZABETH) |
| Filing 9 Summons Issued as to CLARENCE F. BIRKHEAD. (sh) |
| 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. (sh) |
| CASE REFERRED to Standing Order 30. (sh) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (sh) |
| Filing 8 NOTICE of Special Appearance by attorney SHANNON GALVIN AMINIRAD on behalf of Plaintiff CIVIL RIGHTS CORPS ( Filing fee $ 25 receipt number ANCMDC-3958377.) (AMINIRAD, SHANNON) |
| Filing 7 NOTICE of Special Appearance by attorney ADITI NARESH GHATLIA on behalf of Plaintiff CIVIL RIGHTS CORPS ( Filing fee $ 25 receipt number ANCMDC-3957980.) (GHATLIA, ADITI) |
| Filing 6 NOTICE of Special Appearance by attorney ROHIT SINGLA on behalf of Plaintiff CIVIL RIGHTS CORPS ( Filing fee $ 25 receipt number BNCMDC-3957957.) (SINGLA, ROHIT) |
| Filing 5 NOTICE of Special Appearance by attorney SARAH PFANDER on behalf of Plaintiff CIVIL RIGHTS CORPS ( Filing fee $ 25 receipt number ANCMDC-3957922.) (PFANDER, SARAH) |
| Filing 4 NOTICE of Special Appearance by attorney ARIELLA PARK on behalf of Plaintiff CIVIL RIGHTS CORPS ( Filing fee $ 25 receipt number BNCMDC-3957898.) (PARK, ARIELLA) |
| Filing 3 Additional Attachments to Main Document Civil Cover Sheet. (HEANEY, CHRISTOPHER) |
| Filing 2 REQUEST FOR WAIVER of Service sent to Elizabeth OBrien on 11/13/2024 by Civil Rights Corps. (HEANEY, CHRISTOPHER) (Main Document 2 replaced on 11/13/2024 with flattened document.) (sh) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 405 receipt number ANCMDC-3957647.), filed by Civil Rights Corps.(HEANEY, CHRISTOPHER) Modified on 11/13/2024 to include complete title of document. (sh) |
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