Bishop v. Funderburk et al
| Dan Bishop |
| Amy L Funderburk, Paul Newby, Robin Hudson, Samuel L Ervin, IV, Michael Morgan, Anita Earls, Philip Berger, Jr., Tamara Barringer, Eugene H Soar, Donna Stroud, Chris Dillon, Richard Dietz, John Tyson, Lucy Inman, Valerie Zachary, Hunter Murphy, John Arrowood, Allegra Collins, Toby Hampson, Jeffery Carpenter, April Wood, Fred Gore, Jefferson Griffin, Darren Jackson, Amy L. Funderburk, Samuel L. Ervin, IV and Eugene H. Soar |
| 3:2021cv00679 |
| December 22, 2021 |
| US District Court for the Western District of North Carolina |
| Max O Cogburn |
| David Keesler |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 6, 2022. A more recent docket listing may be available from PACER.
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Filing 23
RESPONSE in Opposition re #17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , #2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus , #14 MOTION to Dismiss for Lack of Jurisdiction (Reply In Support of Motion for Preliminary Injunction) by Dan Bishop. Replies due by 2/22/2022 (Attachments: #1 Exhibit 1-Invalidation Order)(Bishop, J.)
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Filing 22
ORDER granting #21 Motion for Extension of Time to File Response/Reply in support of #2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus . Reply due by 2/15/2022. Signed by District Judge Max O. Cogburn, Jr on 2/8/2022. (ams)
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Filing 21
Consent MOTION for Extension of Time to File Response/Reply re: #2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus by Dan Bishop. Responses due by 2/18/2022 (Bishop, J.) Modified to remove referral on 2/4/2022 (mga).
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Filing 20
ROSEBORO ORDER Setting Response Deadline re: #14 MOTION to Dismiss for Lack of Jurisdiction . Response due by 2/15/2022. Signed by District Judge Max O. Cogburn, Jr on 2/1/2022. (ams) (Main Document 20 replaced on 2/1/2022) (ams).
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Filing 19
ROSEBORO ORDER Setting Response Deadline re: #17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . Response due by 2/15/2022. Signed by District Judge Max O. Cogburn, Jr on 2/1/2022. (ams)
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Filing 18
RESPONSE in Opposition re #2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus by John Arrowood, Jeffery Carpenter, Allegra Collins, Richard Dietz, Chris Dillon, Fred Gore, Jefferson Griffin, Toby Hampson, Lucy Inman, Darren Jackson, Hunter Murphy, Eugene H. Soar, Donna Stroud, John Tyson, April Wood, Valerie Zachary. (O'Brien, Elizabeth)
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Filing 17
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by John Arrowood, Jeffery Carpenter, Allegra Collins, Richard Dietz, Chris Dillon, Fred Gore, Jefferson Griffin, Toby Hampson, Lucy Inman, Darren Jackson, Hunter Murphy, Eugene H. Soar, Donna Stroud, John Tyson, April Wood, Valerie Zachary. Responses due by 2/14/2022 (Attachments: #1 Memorandum) (O'Brien, Elizabeth)
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Filing 16
RESPONSE in Opposition re #2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus by Tamara Barringer, Philip Berger, Jr, Anita Earls, Samuel L. Ervin, IV, Amy L. Funderburk, Robin Hudson, Michael Morgan, Paul Newby. Replies due by 2/7/2022 (Attachments: #1 Affidavit Shields Declaration, #2 Exhibit Exh. 1 - Sample of N.C. Supreme Court Orders, #3 Exhibit Exh. 2 - N.C. Supreme Court Order in 110PA16, #4 Exhibit Exh. 3 - N.C. Supreme Court Order in 314PA20)(Vysotskaya de Brito, Olga)
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Filing 15
MEMORANDUM in Support re #14 MOTION to Dismiss for Lack of Jurisdiction by Tamara Barringer, Philip Berger, Jr, Anita Earls, Samuel L. Ervin, IV, Amy L. Funderburk, Robin Hudson, Michael Morgan, Paul Newby. (Vysotskaya de Brito, Olga)
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Filing 14
MOTION to Dismiss for Lack of Jurisdiction by Tamara Barringer, Philip Berger, Jr, Anita Earls, Samuel L. Ervin, IV, Amy L. Funderburk, Robin Hudson, Michael Morgan, Paul Newby. Responses due by 2/14/2022 (Vysotskaya de Brito, Olga)
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Filing 13
NOTICE of Appearance by Kathryn Hicks Shields on behalf of Tamara Barringer, Philip Berger, Jr, Anita Earls, Samuel L. Ervin, IV, Amy L. Funderburk, Michael Morgan, Paul Newby (Shields, Kathryn)
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Filing 12
AMENDED COMPLAINT (First) with Jury Demand against All Defendants, filed by Dan Bishop. (Attachments: #1 Exhibit A-Panel Order, #2 Exhibit B-En Banc Order, #3 Exhibit C-SCONC Order, #4 Exhibit D-Record demand SCONC, #5 Exhibit E-Funderburk response eml Dec 10, #6 Exhibit F-Final demand 12-22-2021, #7 Exhibit G-Trial court order denying PI, #8 Exhibit H-Denial of PDR Nov 2019)(Bishop, J.)
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Filing 11
ORDER granting #7 Consent MOTION for Extension of Time to File Response/Reply, #10 Consent MOTION for Extension of Time to File Response/Reply re: #2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus ( Responses due by 1/31/2022 ). Signed by District Judge Max O. Cogburn, Jr on 1/5/2022. (ams)
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Filing 10
Consent MOTION for Extension of Time to File Response/Reply re: #2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus and to File Answer or Responsive Pleadings to Plaintiff's Complaint by John Arrowood, Jeffery Carpenter, Allegra Collins, Richard Dietz, Chris Dillon, Fred Gore, Jefferson Griffin, Toby Hampson, Lucy Inman, Darren Jackson, Hunter Murphy, Eugene H. Soar, Donna Stroud, John Tyson, April Wood, Valerie Zachary. Responses due by 1/18/2022 (O'Brien, Elizabeth). Modified to remove referral on 1/5/2022 (mga).
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Filing 9
NOTICE of Appearance by Elizabeth Curran O'Brien on behalf of John Arrowood, Jeffery Carpenter, Allegra Collins, Richard Dietz, Chris Dillon, Fred Gore, Jefferson Griffin, Toby Hampson, Lucy Inman, Darren Jackson, Hunter Murphy, Eugene H. Soar, Donna Stroud, John Tyson, April Wood, Valerie Zachary (O'Brien, Elizabeth)
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Filing 8
Corporate Disclosure Statement by Dan Bishop (Bishop, J.)
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Filing 7
Consent MOTION for Extension of Time to File Response/Reply re: #2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus and to File Answer or Responsive Pleadings to Plaintiff's Complaint by Tamara Barringer, Philip Berger, Jr, Anita Earls, Samuel L. Ervin, IV, Amy L. Funderburk, Robin Hudson, Michael Morgan, Paul Newby. Responses due by 1/18/2022 (Vysotskaya de Brito, Olga). Modified to remove referral on 1/5/2022 (mga).
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Filing 6
NOTICE of Appearance by Olga Eugenia Vysotskaya de Brito on behalf of Tamara Barringer, Philip Berger, Jr, Anita Earls, Samuel L. Ervin, IV, Amy L. Funderburk, Robin Hudson, Michael Morgan, Paul Newby (Vysotskaya de Brito, Olga)
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Filing 5
AFFIDAVIT of Service filed by Dan Bishop. All Defendants. (Bishop, J.)
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Filing 4
Summons Issued Electronically as to NC Administrative Office of the Courts. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (js)
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Filing 3
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 . (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons)(js)
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Case assigned to District Judge Max O. Cogburn, Jr. and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. Motions referred to David Keesler: #2 MOTION for Preliminary Injunction , MOTION for Writ of Mandamus This is your only notice - you will not receive a separate document.(tlj)
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Filing 2
MOTION for Preliminary Injunction ( Responses due by 1/5/2022 ), MOTION for Writ of Mandamus ( Responses due by 1/10/2022 ) by Dan Bishop. (Attachments: #1 Memorandum) (Bishop, J.) Modified to remove referral on 1/3/2022 (mga).
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCWDC-5371082), filed by Dan Bishop. (Attachments: #1 Exhibit Ex A - Panel Order Dec 6, #2 Exhibit Ex B - En Banc Order Dec 6, #3 Exhibit Ex C - SCONC Order Dec 8, #4 Exhibit Ex D - Record demand Dec 9, #5 Exhibit Ex E - Funderburk response, #6 Exhibit Ex F - Final demand Dec 22, #7 Exhibit Ex G - Trial court order denying PI, #8 Exhibit Ex H - Denial of PDR Nov 2019)(Bishop, J.)
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