Doe v. The University of North Carolina System et al
| Jacob Doe |
| The University of North Carolina System, University of North Carolina at Chapel Hill, The University of North Carolina Board of Trustees, Board of Governors of The University of North Carolina at Chapel Hill, Kevin Guskiewicz, Elizabeth Hall, Jeremy Enlow, Beth Froehling, Rebecca Gibson, Jaclyn Feeney, David Elrod, Desiree Rieckenberg, The University of North Carolina at Chapel Hill and Board of Governors of The University of North Carolina |
| ACLU of North Carolina Legal Foundation, Eugene Volokh and Freedom of the Press Foundation |
| 1:2023cv00041 |
| February 15, 2023 |
| US District Court for the Western District of North Carolina |
| Max O Cogburn |
| W Carleton Metcalf |
| Martin Reidinger |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
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| Filing 31 STIPULATION Correcting the Case Caption by Jacob Doe (Attachments: #1 Proposed Order)(Ekstrand, Robert) |
| Filing 30 Notice of Substitution of Counsel by Kimberly D. Potter on behalf of Rebecca Gibson, Kevin Guskiewicz, David Elrod, Board of Governors of The University of North Carolina at Chapel Hill, The University of North Carolina System, Jeremy Enlow, Jaclyn Feeney, Desiree Rieckenberg, Elizabeth Hall, University of North Carolina at Chapel Hill, Beth Froehling, The University of North Carolina Board of Trustees, Attorney Kenzie M. Rakes terminated. (Potter, Kimberly) |
TEXT-ONLY ORDER granting #29 Motion for Extension of Time to File Response/Reply re #2 MOTION for Leave to Proceed under Pseudonym , Responses due by 5/8/2023 Text of Order: ORDER: Defendants' Consent Motion for Extension of Time to Respond to Motion for Leave to Proceed under Pseudonym is GRANTED, and the deadline for Defendants to respond to the Motion is EXTENDED through and including May 8, 2023. So Ordered. Entered by Magistrate Judge W. Carleton Metcalf on 3/27/2023. (kkb)
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TEXT-ONLY ORDER granting #28 Motion for Extension of Time to Answer re: #1 Complaint . All Defendants. Text of Order: ORDER: Defendants' Consent Motion for Extension of Time to Respond to Plaintiff's Complaint is GRANTED, and the deadline for Defendants to answer or otherwise respond to Plaintiff's Complaint is EXTENDED through and including May 8, 2023. So Ordered. Entered by Magistrate Judge W. Carleton Metcalf on 3/27/2023. (kkb)
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| Filing 29 Consent MOTION for Extension of Time to File Response/Reply re: #2 MOTION for Leave to Proceed under Pseudonym by Board of Governors of The University of North Carolina at Chapel Hill, David Elrod, Jeremy Enlow, Jaclyn Feeney, Beth Froehling, Rebecca Gibson, Kevin Guskiewicz, Elizabeth Hall, Desiree Rieckenberg, The University of North Carolina Board of Trustees, The University of North Carolina System, University of North Carolina at Chapel Hill. Responses due by 4/7/2023 (Rakes, Kenzie). Motions referred to W. Carleton Metcalf. |
| Filing 28 Consent MOTION for Extension of Time to Answer re: #1 Complaint by Board of Governors of The University of North Carolina at Chapel Hill, David Elrod, Jeremy Enlow, Jaclyn Feeney, Beth Froehling, Rebecca Gibson, Kevin Guskiewicz, Elizabeth Hall, Desiree Rieckenberg, The University of North Carolina Board of Trustees, The University of North Carolina System, University of North Carolina at Chapel Hill. (Rakes, Kenzie). Motions referred to W. Carleton Metcalf. |
| Filing 27 NOTICE of Appearance by Jeremy David Lindsley on behalf of Board of Governors of The University of North Carolina at Chapel Hill, The University of North Carolina Board of Trustees (Lindsley, Jeremy) |
| Filing 26 NOTICE of Appearance by Kenzie M. Rakes on behalf of Board of Governors of The University of North Carolina at Chapel Hill, The University of North Carolina Board of Trustees (Rakes, Kenzie) |
| Filing 25 NOTICE of Appearance by Jeremy David Lindsley on behalf of David Elrod, Jeremy Enlow, Jaclyn Feeney, Beth Froehling, Rebecca Gibson, Kevin Guskiewicz, Elizabeth Hall, Desiree Rieckenberg (Lindsley, Jeremy) |
| Filing 24 NOTICE of Appearance by Kenzie M. Rakes on behalf of David Elrod, Jeremy Enlow, Jaclyn Feeney, Beth Froehling, Rebecca Gibson, Kevin Guskiewicz, Elizabeth Hall, Desiree Rieckenberg, The University of North Carolina System, University of North Carolina at Chapel Hill (Rakes, Kenzie) |
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Filing 23
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice, added Tara Davis for Jacob Doe (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 3/9/2023. (ejb)
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Filing 22
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice, added Stuart Bernstein for Jacob Doe (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 3/9/2023. (ejb)
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Filing 21
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice, added Andrew Miltenberg for Jacob Doe (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 3/9/2023. (ejb)
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| Notice to Attorney Andrew Miltenberg: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 3/16/2023. (ejb) |
| Notice to Attorney Stuart Bernstein: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 3/16/2023. (ejb) |
| Notice to Attorney Tara Davis: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 3/16/2023. (ejb) |
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TEXT-ONLY ORDER denying as moot #16 Motion to Intervene Text of Order: The Motion to Intervene is DENIED as MOOT. So Ordered. Entered by Chief Judge Martin Reidinger on 3/3/23. (LMR)
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| Filing 20 NOTICE of Appearance by Mark Russell Sigmon on behalf of Eugene Volokh (Sigmon, Mark) |
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Filing 19
ORDER that the Plaintiff's #4 Motion for Temporary Restraining Order and Motion for Preliminary Injunction is DEEMED WITHDRAWN WITHOUT PREJUDICE to renewing his request for a preliminary injunction at a later date. The Temporary Restraining Order entered 2/22/2023 is hereby DISSOLVED. The preliminary injunction hearing scheduled for 3/7/2023 is hereby CANCELLED. The Plaintiff's Motion [Doc. 4] is hereby UNSEALED and shall remain on the public docket. Signed by Chief Judge Martin Reidinger on 3/1/2023. (brl)
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| Filing 18 NOTICE of Appearance by Kristi L. Graunke on behalf of ACLU of North Carolina Legal Foundation, Freedom of the Press Foundation (Graunke, Kristi) |
| NOTICE of Cancellation of Motion Hearing scheduled for 3/7/2023 (brl) |
| Filing 17 MEMORANDUM in Support re #16 Joint MOTION to Intervene by ACLU of North Carolina Legal Foundation, Freedom of the Press Foundation, Eugene Volokh. (Graunke, Kristi) |
| Filing 16 Joint MOTION to Intervene by ACLU of North Carolina Legal Foundation, Eugene Volokh, Freedom of the Press Foundation. Responses due by 3/14/2023 (Attachments: #1 Exhibit 1- Declaration of Eugene Volokh, #2 Exhibit 2- Delcaration of Kristi Graunke, #3 Exhibit 3- Declaration of Seth Stern, #4 Exhibit 4- Motion to Unseal, #5 Exhibit 5- Memorandum of Law ISO Mot. to Unseal) (Graunke, Kristi). Motions referred to W. Carleton Metcalf. |
| Filing 15 Notice of Withdrawal of #4 Motion for a Temporary Restraining Order and Preliminary Injunction Without Prejudice; and Joint MOTION for Dissolution of #14 TRO, and MOTION to Cancel Preliminary Injunction Hearing by Jacob Doe. (Ekstrand, Robert) Modified text and converted docket entry to a pending Motion on 2/23/2023. NEF Regenerated (ejb). |
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Filing 14
ORDER granting Plaintiff's #4 Ex Parte Motion for a Temporary Restraining Order. See order for further details. Signed by Chief Judge Martin Reidinger on 2/22/23. (hms) Modified text on 2/23/2023 (ejb).
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| NOTICE of Hearing: Show Cause Hearing set for 3/7/2023 at 9:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger, per #14 Order. This is your only notice - you will not receive a separate document. (hms) |
| Filing 13 NOTICE of Appearance by Jeremy David Lindsley on behalf of The University of North Carolina System, University of North Carolina at Chapel Hill (Lindsley, Jeremy) |
| Case reassigned back to Chief Judge Martin Reidinger. District Judge Max O. Cogburn, Jr no longer assigned to the case. This is your only notice - you will not receive a separate document.(thh) |
| Filing 12 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice as to Stuart Bernstein, Esq. Filing fee $ 288, receipt number ANCWDC-5946028. by Jacob Doe. (Ekstrand, Robert). Motions referred to W. Carleton Metcalf. |
| Filing 10 NOTICE of Appearance by Marla S. Bowman on behalf of University of North Carolina at Chapel Hill (Bowman, Marla) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice as to Tara J. Davis, Esq. Filing fee $ 288, receipt number ANCWDC-5946024. by Jacob Doe. (Ekstrand, Robert). Motions referred to W. Carleton Metcalf. |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice as to Andrew T. Miltenberg, Esq. Filing fee $ 288, receipt number ANCWDC-5946018. by Jacob Doe. (Ekstrand, Robert). Motions referred to W. Carleton Metcalf. |
| Filing 7 NOTICE of Schedule Conflict in Hearings on motions for temporary restraining orders on February 17, 2023 by Jacob Doe re Notice of Hearing on Motion, (Ekstrand, Robert) |
| NOTICE of Cancellation of Motion Hearing scheduled for 2/17/2023. (ams) |
| Set/Reset Hearing (LOCATION ONLY) as to #4 MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue MOTION for Preliminary Injunction. Motion Hearing set for 2/17/2023 09:15 AM before District Judge Max O. Cogburn Jr. Parties will appear remotely before the Court via Teams from Courtroom 5A in Charlotte, NC. (ams) |
| Filing 6 CERTIFICATE of Counsel re #4 *MOTION for Temporary Restraining Order and MOTION for a Preliminary Injunction (Certification of Rule 65(b)(1) Notice of Plaintiff's Motion for a TRO/PI) by Robert Christopher Ekstrand on behalf of Jacob Doe (Ekstrand, Robert) Modified text on 2/15/2023 (ejb). Modified *text on 3/6/2023 (ejb). |
| Filing 5 MEMORANDUM in Support re #4 *MOTION for Temporary Restraining Order and MOTION for a Preliminary Injunction by Jacob Doe. (Ekstrand, Robert) Modified text and changed restriction of entry to Ex Parte as stated on Motion on 2/15/2023. NEF Regenerated on 2/15/2023 (ejb). Modified *text on 3/6/2023 (ejb). |
| Filing 4 *WITHDRAWN* MOTION for Temporary Restraining Order and MOTION for a Preliminary Injunction by Jacob Doe. Responses due by 3/1/2023 (Attachments: #1 Proposed Order) (Ekstrand, Robert). Added additional motion relief sought: MOTION for Preliminary Injunction, modified text and changed restriction of entry to Ex Parte as stated on Motion on 2/15/2023. NEF Regenerated. NEF Regenerated on 2/15/2023 (ejb). Modified access on 3/1/2023 per Order (Doc. No. 19) (brl). Modified text on 3/1/2023 (hms). |
| Filing 3 MEMORANDUM in Support re #2 MOTION for Leave to Proceed under Pseudonym by Jacob Doe. (Attachments: #1 Declaration of Robert Ekstrand, Esq.)(Ekstrand, Robert) |
| Filing 2 MOTION for Leave to Proceed under Pseudonym by Jacob Doe. Responses due by 3/1/2023 (Attachments: #1 Proposed Order) (Ekstrand, Robert) |
| Filing 1 COMPLAINT (VERIFIED) against All Defendants with Jury Demand, filed by Jacob Doe.(Ekstrand, Robert) |
| Case reassigned to District Judge Max O. Cogburn, Jr. Chief Judge Martin Reidinger no longer assigned to the case. This is your only notice - you will not receive a separate document.(thh) |
| NOTICE of Hearing on Motion re: #4 EX PARTE MOTION for Temporary Restraining Order and MOTION for a Preliminary Injunction: Motion Hearing set for 2/17/2023 09:15 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Max O. Cogburn, Jr. This is your only notice - you will not receive a separate document.(ams) Modified text on 2/15/2023 (ejb). |
| Case assigned to Chief Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (ejb) |
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