Anderson vs. Caldwell County Sheriff's Office, et al
| Jerry Anderson |
| Caldwell County Sheriff's Office, Alan C. Jones, Jeffery Lee Stafford, Brian Anthony Bennett, Shelly Hartley, John Doe and Jane Doe |
| 1:2009cv00423 |
| November 20, 2009 |
| US District Court for the Western District of North Carolina |
| Asheville Office |
| Burke |
| Dennis Howell |
| Martin Reidinger |
| None |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
231
ORDER that the Plaintiff's statutory bond claim is hereby DISMISSED without prejudice. Motion 228 terminated. Signed by District Judge Martin Reidinger on 6/10/13. (nll)
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Filing
221
ORDER denying as moot 215 Motion to Stay; denying as moot 220 Motion to Reschedule Deadlines. Signed by District Judge Martin Reidinger on 1/6/12. (nll)
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Filing
217
ORDER granting 211 Motion to Postpone and/or Reschedule the Hearing and Final Pretrial Conference Set for December 29, 2011. Court will continue the hearing until Friday morning, December 30, 2011, at 9:00 am (along with the final pretrial conference if such shall be necessary). Signed by District Judge Martin Reidinger on 12/22/2011. (thh)
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Filing
209
ORDER that parties are to address jurisdictional issues by brief on or before 12/22/11. Hearing and possible final pretrial conference set in this matter for 12/29/11. Signed by District Judge Martin Reidinger on 12/15/11. (ejb)
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Filing
208
ORDER denying 194 Motion to Compel. Signed by Magistrate Judge Dennis Howell on 12/14/11. (nll)
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Filing
207
ORDER granting 201 Motion to Seal Certain Documents Regarding Dr. Donald Jason, and docket entries Nos. 115, 116, 122, 122-1, 126-1, 146, 146-2, 146-3, 146-4, 146-5, and 147-2 are SEALED pending further order of this Court. The Clerk shall restrict access to these documents to the Court and the parties in this case. Signed by Magistrate Judge Dennis Howell on 12/13/11. (ejb)
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Filing
196
ORDER Pltf's 192 Motion to Strike Defts' Reply is GRANTED, and Caldwell County Defts' 191 Reply Memorandum in Support of [their] Motion for SummaryJudgment is hereby STRICKEN; FURTHER ORDERED Pltf's [1 92] Alternative Motion to Permit Pltf's Reply and Supplemental Exhibits is DENIED; FURTHER ORDERED on or before 11/18/11 Caldwell County Defts may, if appropriate, file a reply brief limited to ten pages, as required by the 37 Case Management Order. Signed by District Judge Martin Reidinger on 11/14/11. (ejb)
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Filing
168
ORDER denying without prejudice 115 Motion to Strike. Signed by Magistrate Judge Dennis Howell on 8/8/11. (siw)
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Filing
167
ORDER denying without prejudice 89 Motion for Protective Order; denying without prejudice 119 Motion for Protective Order; denying without prejudice 141 Second Motion to Quash. Signed by Magistrate Judge Dennis Howell on 8/2/11. (siw)
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Filing
165
ORDER re 163 Order on Motion to Dismiss - In light of the District CourtsOrder, the Court DIRECTS the parties to confer by telephone or in person as to what impact, if any, the dismissal of the claims has on the pending disc overy motions. The parties shall file a joint status report, not to exceed five pages, with the Court by July 18, 2011, informing the Court as to whether a ruling is still needed on the motions. Specifically, the parties should discuss whether the depositions and discovery at issue are still relevant to this dispute. Signed by Magistrate Judge Dennis Howell on 7/12/11. (siw)
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Filing
163
ORDER granting in part and denying in part 38 Motion to Dismiss - (1) All claims against all Defendants based on the Fifth Amendment as stated in the First, Second, Third and Fifth Claims for Relief in the Second Amended Com plaint are hereby DISMISSED; (2) All claims against all Defendants based on Fourteenth Amendment due process violations in prosecuting the Plaintiff on less than probable cause are hereby DISMISSED; (3) All claims against all Defendants based on cons piracy are hereby DISMISSED; (4) The claims against Defendants Brackett and Pyle based on false arrest pursuant to 42 U.S.C. §1983 and/or common law are hereby DISMISSED; (5) All claims against all Defendants for malicious prosecution pursuant t o 42 U.S.C. §1983 based on any constitutional right other than Fourth Amendment seizure claims are hereby DISMISSED; (6) All claims against all Defendants based on grand jury or trial testimony are hereby DISMISSED; (7) The motion to dismiss the claims pursuant to 42 U.S.C. §1983 for failure to train and/or supervise is hereby DENIED.(8) Except as otherwise specifically granted herein, the Defendants Motion to Dismiss [Doc. 38] is hereby DENIED. Signed by District Judge Martin Reidinger on 7/12/11. (siw)
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Filing
162
ORDER granting in part and denying in part 125 Motion; 1) The Court DENIES the request to hold in abeyance the proceedings in this matter; 2) The Court finds that the request for a scheduling hearing has been rendered MOOT; 3) The Court will ALLOW the motion to modify the scheduling order as follows: Discovery completion: August 1, 2011 Dispositive motions: September 1, 2011 Trial: January 9, 2012. Signed by Magistrate Judge Dennis Howell on 7/1/11. (siw)
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Filing
154
ORDER - The Court CANCELS the hearing set for June 28, 2011. The Court will rule on the parties request for a modification of the Scheduling Order and all pending discovery motions on the papers. The Court DENIES as moot Plaintiffs Motion to Reschedule. [# 144]. Signed by Magistrate Judge Dennis Howell on 6/27/11. (siw)
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Filing
149
ORDER withdrawing 58 Motion to Amend/Correct; granting 134 Motion for Voluntary Dismissal of his Seventh Claim for Relief, and the cause of action based on intentional infliction of emotional distress is hereby dismissed with prejudice. Signed by District Judge Martin Reidinger on 6/20/11. (siw)
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Filing
140
ORDER striking 121 Motion to Quash without prejudice. Signed by Magistrate Judge Dennis Howell on 06/14/11. (emw)
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Filing
138
ORDER granting Defts' 91 Third Motion to Compel. Signed by Magistrate Judge Dennis Howell on 6/13/11. (ejb)
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Filing
132
ORDER granting 82 Motion to Compel. The Court DIRECTS Plaintiff to produce all responsive materials to Defendants First Requests for Production of Documents within twenty (20) days of the entry of this Order. The Court DIRE CTS Plaintiff to supplement his responses to Defendants interrogatories within ten (10) days of entry of this Order. Finally, the Court AWARDS Defendant its costs in bringing this motion. The Court DIRECTS the parties to confer in an attempt to res olve the issue of expenses amicably. If the parties cannot agree as to the reasonable expenses, Defendant shall file an accounting of its expenses, including attorneys fees, incurred in filing its Motion to Compel by June 24, 2011. Signed by Magistrate Judge Dennis Howell on 6/10/11. (siw)
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Filing
129
ORDER granting 75 Motion to Compel. The Court DIRECTS Defendants to fully respond to Plaintiffs First Interrogatories and Requests for Production of Documents within ten (10) days of the entry of this Order. The Court DIRE CTS Defendants to make a good faith effort to locate any physiological assessments that may be responsive to Plaintiffs discovery requests. If Defendants cannot locate any responsive documents, they should state in writing to Plaintiff within ten (10) days of the entry of this Order that their search has not revealed any responsive documents. Each party shall bear their own costs for this motion. Signed by Magistrate Judge Dennis Howell on 6/8/11. (siw)
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Filing
104
AMENDED ORDER re 101 MOTION for Extension of Time to File Response/Reply re: 89 MOTION for Protective Order MOTION for Extension of Time to File Response/Reply re: 89 MOTION for Protective Order; Defendants shall have until April 18, 2011, to file a response to Plaintiffs Motion for Protective Order . Signed by Magistrate Judge Dennis Howell on 4/15/11. (siw)
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Filing
80
ORDER granting 71 Motion for Leave to Extend the Duration of the Deposition of Defendant Stafford (#71, and the time for taking the deposition of Defendant Stafford is ENLARGED by a total of five hours. Signed by Magistrate Judge Dennis Howell on 3/9/11. (siw)
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Filing
74
ORDER that plaintiffs Motion for Leave to Designate and Call Additional Expert Witnesses (#64) and the Consented to Motion to Modify the Scheduling Order to Grant Defendants Additional Time in Which to Designate Expert Witness es and to Extend Discovery are denied 67 without prejudice as amicably resolved and, with the approval and at the instruction of the district court the amendments to the Pretrial Order are ENTERED: 1. Each side may designate up to eight expert witn esses. 2. Plaintiff will serve his amended expert designations on or before January 28, 2011. 3. Defendants will serve their expert designations on or before February 17, 2011. 4. The discovery deadline is enlarged up to and inclusive of June 7, 2 011. 5. The motions deadline is enlarged up to and inclusive of July 7, 2011. 6. The ready date for trial is enlarged to the first term beginning on or afterNovember 7, 2011. IT IS FURTHER ORDERED that the hearing scheduled for January 28, 2011, is CANCELLED. Signed by Magistrate Judge Dennis Howell on 1/27/11. (siw)
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Filing
70
ORDER withdrawing re 69 Order on Motion for Miscellaneous Relief; calendaring 67 Consent MOTION to Modify the Scheduling Order to Grant Defendants Additional Time in Which to Designate Expert Witnesses and to Extend the Di scovery Period for January 28, 2011 at 3 pm in Asheville; and the parties are ALLOWED up to and inclusive of January 27, 2011, within which to amicably resolve such motions (within the guidelines herein provided) and submit to the court via CyberClerk a proposed Order modifying the Pretrial Order. Signed by Magistrate Judge Dennis Howell on 1/21/11. (siw)
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Filing
69
ORDER denying 64 Motion for Leave to Designate and Call Additional Expert Witnesses; denying 67 Motion to Modify the Scheduling Order. Signed by Magistrate Judge Dennis Howell on 1/20/11. (siw)
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