James v. City of Monroe et al
| Angelia Nikole James |
| City of Monroe, Bobby G Kilgore, Marion Holloway, Gary Anderson, Freddie Gordon, James Kerr, Julia B Thompson, Bobby G. Kilgore, Julia B. Thompson and Lynn Keziah |
| 3:2022cv00178 |
| April 23, 2022 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Robert J Conrad |
| Frank D Whitney |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 10, 2022. A more recent docket listing may be available from PACER.
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Filing 22
Consent MOTION for Extension of Time to Answer by Gary Anderson, City of Monroe, Freddie Gordon, Marion Holloway, James Kerr, Lynn Keziah, Bobby G. Kilgore, Julia B. Thompson. (Attachments: #1 Proposed Order) (Hagemann, Robert). Motions referred to David S. Cayer.
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TEXT-ONLY ORDER granting #22 Consent MOTION for Extension of Time to Answer. Defendants' answer due 7/25/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/21/2022. (DLG)
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Minute Entry: MOTION HEARING held before District Judge Robert J. Conrad, Jr. Re #15 Second MOTION for Preliminary Injunction . Motion taken under advisement, order to issue. Plaintiffs attorney: Bo Brandon Caudill. Defendants attorney: Robert E Hagemann, Patrick Houghton Flanagan. Court reporter: Digital Court Reporter. (brl)
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Filing 21
REPLY to Response to Motion re #15 Second MOTION for Preliminary Injunction by Angelia Nikole James. (Caudill, Bo)
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Filing 20
NOTICE of Appearance by Sardar Mujeeb Shah-Khan on behalf of Lynn Keziah (Shah-Khan, Sardar)
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Filing 19
RESPONSE in Opposition re #15 Second MOTION for Preliminary Injunction by Gary Anderson, City of Monroe, Freddie Gordon, Marion Holloway, James Kerr, Lynn Keziah, Bobby G. Kilgore, Julia B. Thompson. Replies due by 6/7/2022 (Hagemann, Robert)
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Filing 18
NOTICE of Appearance by Nathaniel Cosmo Zinkow on behalf of Lynn Keziah (Zinkow, Nathaniel)
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Filing 17
NOTICE of Appearance by Andrew Harry Erteschik on behalf of Lynn Keziah (Erteschik, Andrew)
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Filing 16
NOTICE of Appearance by Robert E Hagemann on behalf of Lynn Keziah (Hagemann, Robert)
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Filing 15
Second MOTION for Preliminary Injunction by Angelia Nikole James. Responses due by 6/7/2022 (Attachments: #1 Memorandum in Support of Second Motion for Preliminary Injunction) (Caudill, Bo)
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NOTICE of Hearing on Motion re: #15 Second MOTION for Preliminary Injunction : Motion Hearing RESET for 6/10/2022 01:00 PM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. Notice of hearing reset to link to motion. This is your only notice - you will not receive a separate document.(brl)
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Filing 14
Consent MOTION for Leave to File Excess Pages by Angelia Nikole James. Responses due by 6/3/2022 (Caudill, Bo). Motions referred to David S. Cayer.
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Filing 13
AMENDED COMPLAINT and Petition for Writ of Certiorari with Jury Demand against All Defendants, filed by Angelia Nikole James. (Attachments: #1 Appendix Exhibit Index, #2 Exhibit A - Hearing Officer's Report, #3 Exhibit B - Amotion Record Index, #4 Exhibit 1A - Monroe City Charter, #5 Exhibit 1B - Code of Ethics, #6 Exhibit 1C - Amotion Resolution, #7 Exhibit 1D - Amotion Rules, #8 Exhibit 2 - Pre-Hearing Conference Agenda, #9 Exhibit 4 - Letter from Hearing Officer, #10 Exhibit 5 - Email from Shah-Khan re Notice of Hearing, #11 Exhibit 5A - Notice of Hearing on Amotion, #12 Exhibit 6 - City of Monroe's Pre-Hearing Submissions, #13 Exhibit 7 - James's Pre-Hearing Submissions, #14 Exhibit 8 - James's Letter re Witness Testimony, #15 Exhibit 9 - Email re Bias Issue, #16 Exhibit 10 - Jan. 27 Transcript, #17 Exhibit 12 - Jan. 28 Transcript, #18 Exhibit 15 - Employee Handbook, #19 Exhibit 16 - HR-19, #20 Exhibit 17 - HR-20, #21 Exhibit 18 - Incident Report, #22 Exhibit 19 - Order on Petition for Release of Body Cam Footage, #23 Exhibit 20 - Parker Poe Report, #24 Exhibit 21 - SOP 2, #25 Exhibit 22 - SOP 54, #26 Exhibit 23 - SOP 56, #27 Exhibit 24 - SOP 75, #28 Exhibit 25 - Letter from T. Leitner, #29 Exhibit 26 - Dr. Cotoman Report, #30 Exhibit 27 - James's Statement of the Case, #31 Exhibit 28 - Affidavit of Tony James, #32 Exhibit 29 - Affidavit of Selina Campbell, #33 Exhibit 30 - Affidavit of Lisa Louallen, #34 Exhibit 40 - Email from City Attorney re Inconsistency in Rules, #35 Exhibit 41 - Email from H.O. regarding bias proposal, #36 Exhibit 42 - Email from H.O. re conference on bias proposal, #37 Exhibit 43 - Email from Hagemann re bias proposal, #38 Exhibit 45 - Order on bias, #39 Exhibit 46 - Email from Caudill re order on bias, #40 Exhibit 47 - Letter from City Attorney re bias, #41 Exhibit C - Minutes of September 28, 2021, Meeting, #42 Exhibit D - Minutes of November 9, 2021, Meeting, #43 Exhibit E - Minutes of December 13, 2021, Meeting, #44 Exhibit F - Transcript of Apr. 7, 2022, Phase II Proceedings, #45 Exhibit G - Order of Removal)(Caudill, Bo)
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TEXT-ONLY ORDER denying #14 Motion for Leave to File Excess Pages. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/20/2022. (KCA)
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TEXT-ONLY ORDER granting #12 Motion to Continue Hearing on Motion for Preliminary Injunction. Entered by District Judge Robert J. Conrad, Jr on 5/19/2022. (brl)
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NOTICE of Hearing on Motion re: Motion Hearing RESET for 6/10/2022 01:00 PM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. Notice of hearing will be reset to link to Plaintiff's prospective motion for preliminary injunction. This is your only notice - you will not receive a separate document.(brl)
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Filing 12
Consent MOTION to Continue Hearing on Motion for Preliminary Injunction by Angelia Nikole James. Responses due by 6/1/2022 (Caudill, Bo)
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Filing 11
MEMORANDUM/BRIEF Joint Memorandum as to Subject Matter Jurisdiction by Angelia Nikole James (Caudill, Bo)
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Set/Reset Deadlines: Briefing due by 5/13/2022. (brl)
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NOTICE of Hearing on Motion re: #3 MOTION for Preliminary Injunction : Motion Hearing set for 5/20/2022 09:30 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
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Minute Entry: MOTION HEARING held before District Judge Robert J. Conrad, Jr. Re #3 MOTION for Temporary Restraining Order. Plaintiffs attorney: Bo Brandon Caudill, Sophia M. Pappalardo. Defendants attorney: Robert E Hagemann, Patrick Houghton Flanagan. Court reporter: Deborah Cohen-Rojas. (brl)
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ORAL ORDER that for the reasons stated in open court, it is hereby ORDERED that Plaintiff's #3 Motion for TRO is DENIED except that Defendants are enjoined from filling the vacancy caused by Plaintiff's removal until such times as the Court rules on Plaintiff's Motion for a Preliminary Injunction. IT IS FURTHER ORDERED that the parties shall file briefing within ten (10) days on whether the Court may exercise supplemental jurisdiction on Plaintiff's request for review on writ of certiorari. Entered by District Judge Robert J. Conrad, Jr on 5/4/2022. (brl)
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Filing 10
WAIVER OF SERVICE Returned Executed by Angelia Nikole James. All Defendants. (Caudill, Bo)
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Filing 9
NOTICE of Appearance by Patrick Houghton Flanagan on behalf of Gary Anderson, City of Monroe, Freddie Gordon, Marion Holloway, James Kerr, Bobby G. Kilgore, Julia B. Thompson (Flanagan, Patrick)
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Filing 8
NOTICE of Appearance by Sardar Mujeeb Shah-Khan on behalf of All Defendants (Shah-Khan, Sardar)
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Filing 7
CERTIFICATE of Counsel re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , Notice of Hearing on Motion, by Bo Brandon Caudill on behalf of All Plaintiffs (Attachments: #1 Exhibit A - Notice of Hearing)(Caudill, Bo)
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Filing 6
NOTICE of Appearance by Nathaniel Cosmo Zinkow on behalf of All Defendants (Zinkow, Nathaniel)
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Filing 5
NOTICE of Appearance by Andrew Harry Erteschik on behalf of All Defendants (Erteschik, Andrew)
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Filing 4
NOTICE of Appearance by Robert E Hagemann on behalf of All Defendants (Hagemann, Robert)
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TEXT-ONLY ORDER Text of Order: Plaintiff is hereby ordered to provide a notice to Defendants of Plaintiff's Motion for Temporary Restraining Order and Motion for Preliminary Injunction (Doc. No. 3) and the related 5/4/2022 hearing. Plaintiff shall file a certification within 24 hours that the required notice was provided to Defendants or state the reasons why notice should not be given. So Ordered. Entered by District Judge Robert J. Conrad, Jr on 5/2/2022. (brl)
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NOTICE of Hearing on Motion re: #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing set for 5/4/2022 11:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
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Case reassigned to District Judge Robert J. Conrad, Jr. District Judge Frank D. Whitney no longer assigned to the case. This is your only notice - you will not receive a separate document.(clc)
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Filing 3
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Angelia Nikole James. Responses due by 5/9/2022 (Attachments: #1 Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction) (Caudill, Bo)
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Filing 2
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)(js)
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Case assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(js)
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Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (js)
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Filing 1
COMPLAINT and Petition for Writ of Certiorari against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5542403), filed by Angelia Nikole James. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Hearing Officer's Report, #3 Exhibit B - Record Index, #4 Exhibit 1 - Amotion Petition, #5 Exhibit 1A - City Charter, #6 Exhibit 1B - Code of Ethics, #7 Exhibit 1C - Amotion Resolution, #8 Exhibit 1D - Amotion Rules, #9 Exhibit 2 - Pre-Hearing Conf. Agenda, #10 Exhibit 4 - Letter from Hearing Officer re Pre-Hearing Conf., #11 Exhibit 5 - Email from City Attorney, #12 Exhibit 5A - Notice of Hearing, #13 Exhibit 6 - City's Pre-Hearing Submissions, #14 Exhibit 7 - James's Pre-Hearing Submissions, #15 Exhibit 8 - James's Witness Summaries, #16 Exhibit 9 - Email from F. Huseth re Pre-Hearing Issue, #17 Exhibit 10 - Jan. 27 Transcript, #18 Exhibit 12 - Jan. 28 Transcript, #19 Exhibit 15 - Employee Handbook, #20 Exhibit 16 - HR-19, #21 Exhibit 17 - HR-20, #22 Exhibit 18 - Incident Report, #23 Exhibit 19 - Order releasing body cam video, #24 Exhibit 20 - Parker Poe Report, #25 Exhibit 21 - SOP 2, #26 Exhibit 22 - SOP 54, #27 Exhibit 23 - SOP 56, #28 Exhibit 24 - SOP 75, #29 Exhibit 25 - Leitner Letter with Attachments, #30 Exhibit 26 - Cotoman Evaluation Report, #31 Exhibit 27 - James's Statement of the Case, #32 Exhibit 28 - Affidavit of Tony James, #33 Exhibit 29 - Affidavit of Selina Campbell, #34 Exhibit 30 - Affidavit of Lisa Louallen, #35 Exhibit 40 - Email from City Attorney, #36 Exhibit 41 - Email from Hearing Officer re bias proposal, #37 Exhibit 42 - Email from Hearing Officer re clarification of proposal, #38 Exhibit 43 - Email from City's outside counsel re excusal, #39 Exhibit 45 - Hearing Officer order on bias, #40 Exhibit 46 - Email from James's counsel re bias order, #41 Exhibit 47 - Email from City Attorney re bias order, #42 Exhibit C - Minutes of Sept. 28, 2021, meeting of Council, #43 Exhibit D - Minutes of Nov. 9, 2021, meeting of Council, #44 Exhibit E - Minutes of Dec. 13, 2021, meeting of Council, #45 Exhibit F - Apr. 7 Transcript)(Caudill, Bo)
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