EVANS et al v. DURHAM, NORTH CAROLINA, CITY OF et al

Plaintiffs David F. Evans, Collin Finnerty and Reade Seligmann were Duke lacrosse players. They alleged that defendants, individually and in concert, maliciously conspired to bring charges of rape, sexual assault, and kidnapping against them by suppressing and manufacturing evidence.

Defendants

The City of Durham, North Carolina

Fourteenth Prosecurial District in North Carolina

  • Michael B. Nifong, District Attorney
  • Linwood Wilson, Investigator

Durham Police Department

  • Mark Gottlieb, Detective,
  • Benjamin Himan, Investigator
  • David Addison, Corporal
  • Steven Chalmers, Chief of Police
  • Beverly Council, Commander of the Uniform Patrol Bureau
  • Ronald Hodge, Deputy Chief of Police
  • Jeff Lamb, Commander of the District Two Uniform Patrol
  • Stephen Mihaich, Commander of Investigative Services
  • Michael Ripberger, Lieutenant
  • Lee Russ, Executive Officer to the Chief of Police

DNA Security, Inc.

  • Richard Clark, President
  • Brian Meehan, Laboratory Director
Plaintiffs:DAVID F. EVANS, COLLIN FINNERTY and READE SELIGMANN
Defendants:DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON, LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN and PATRICK BAKER
 
Case Number:1:2007cv00739
Filed:October 5, 2007
 
Court:North Carolina Middle District Court
Office:Durham Office [ Court Info ]
County:Durham
Presiding Judge:CHIEF JUDGE JAMES A. BEATY JR.
Referring Judge:MAG/JUDGE WALLACE W. DIXON
 
Nature of Suit:Civil Rights - Other Civil Rights
Cause:28:1331 Fed. Question: Civil Rights Violation
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Date Filed # Docket Text
October 5, 2007 1 COMPLAINT against LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, DURHAM, NORTH CAROLINA, CITY OF, MICHAEL B. NIFONG, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON ( Filing fee $ 350 receipt number 368490.), filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES) (Entered: October 5, 2007)
October 5, 2007 2 CIVIL COVER SHEET, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES) (Entered: October 5, 2007)
October 5, 2007 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 form directory for a list of mediators which must be served on all parties. (McClain, Abby) (Entered: October 9, 2007)
October 9, 2007 3 Summons Issued as to LINWOOD WILSON, MICHAEL B. NIFONG. (Attachments: # 1 Additional summons)(McClain, Abby) (Entered: 10/09/2007)
October 9, 2007 4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) (Entered: October 9, 2007)
October 9, 2007 5 MOTION for Pro Hac Vice Admission by DAVID F. EVANS, COLLIN FINNERTY. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES) (Entered: October 9, 2007)
October 10, 2007 ***Motions Referred: 5 MOTION for Pro Hac Vice Admission to Judge WALLACE W. DIXON. (Kemp, Donita) (Entered: October 10, 2007)
October 10, 2007 6 ORDER granting 5 Motion for Pro Hac Vice Admission of Brendan V. Sullivan, Jr., Robert M. Cary, and Christopher N. Manning on behalf of Plaintiffs David F. Evans and Collin Finnerty. Signed by Judge WALLACE W. DIXON on 10/10/09. (Welch, Kelly) (Entered: 10/10/2007)
October 10, 2007 7 ECF 30 Day Notice as to Attorneys Robert M. Cary, Christopher N. Manning, Brendan V. Sullivan, Jr. (Welch, Kelly) (Entered: October 10, 2007)
October 24, 2007 8 WAIVER OF SERVICE of SUMMONS by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. STEVEN W. CHALMERS waiver sent on 10/9/2007, answer due 12/10/2007; BEVERLY COUNCIL waiver sent on 10/9/2007, answer due 12/10/2007; RONALD HODGE waiver sent on 10/9/2007, answer due 12/10/2007; JEFF LAMB waiver sent on 10/9/2007, answer due 12/10/2007; STEPHEN MIHAICH waiver sent on 10/9/2007, answer due 12/10/2007; MICHAEL RIPBERGER waiver sent on 10/9/2007, answer due 12/10/2007; LEE RUSS waiver sent on 10/9/2007, answer due 12/10/2007; DNA SECURITY, INC. waiver sent on 10/9/2007, answer due 12/10/2007; RICHARD CLARK waiver sent on 10/9/2007, answer due 12/10/2007; BRIAN MEEHAN waiver sent on 10/9/2007, answer due 12/10/2007; DURHAM, NORTH CAROLINA, CITY OF waiver sent on 10/9/2007, answer due 12/10/2007; MARK GOTTLIEB waiver sent on 10/9/2007, answer due 12/10/2007; BENJAMIN HIMAN waiver sent on 10/9/2007, answer due 12/10/2007; DAVID ADDISON waiver sent on 10/9/2007, answer due 12/10/2007. (Attachments: # 1 Exhibit Waivers of Service of Summons & Return of Service)(DAVANT, CHARLES) (Entered: October 24, 2007)
October 24, 2007 9 MOTION for Extension of Time to File Answer until December 11, 2007 by MICHAEL B. NIFONG.Responses due by 11/16/2007 (Attachments: # 1 Text of Proposed Order)(CRAVEN, JAMES) (Entered: October 24, 2007)
October 25, 2007 10 Declaration of Proof of Service served on Linwood Wilson on 10/23/2007, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Exhibit Return of Service (Linwood Wilson))(DAVANT, CHARLES) (Entered: October 25, 2007)
October 25, 2007 ***Motions Referred: 9 MOTION for Extension of Time to File Answer until December 11, 2007 to Judge WALLACE W. DIXON. (Kemp, Donita) (Entered: October 25, 2007)
October 26, 2007 Answer updated for LINWOOD WILSON to 11/12/2007. (Welch, Kelly) (Entered: October 26, 2007)
October 26, 2007 11 ORDER granting 9 Motion for Extension of Time, until December 11, 2007, to Answer 1 Complaint as to MICHAEL B. NIFONG to 12/11/2007. Answer due by 12/11/2007. Signed by Judge WALLACE W. DIXON on 10/26/07. (Welch, Kelly) (Entered: October 26, 2007)
October 29, 2007 12 NOTICE of Appearance by attorney DAVID S RUDOLF on behalf of Plaintiff READE SELIGMANN (RUDOLF, DAVID) (Entered: October 29, 2007)
November 2, 2007 13 NOTICE of Appearance by attorney KEARNS DAVIS on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (DAVIS, KEARNS) (Entered: November 2, 2007)
November 5, 2007 14 NOTICE of Appearance by attorney ROBERT JAMES KING, III on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (KING, ROBERT) (Entered: November 5, 2007)
November 7, 2007 15 Consent MOTION for Extension of Time to File Answer of Linwood Wilson by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES) (Entered: November 7, 2007)
November 7, 2007 ORDER granting 15 Motion for Extension of Time to Answer for LINWOOD WILSON. Answer due by 12/11/2007. Signed by John Brubaker, Clerk of Court, on 11/07/07. (BRUBAKER, JOHN) (Entered: November 7, 2007)
November 7, 2007 16 MOTION for Leave to File Excess Pages re Briefs in Support of Motion to Dismiss by DNA SECURITY, INC., RICHARD CLARK. Responses due by 11/30/2007 (DAVIS, KEARNS) (Entered: 11/07/2007)
November 12, 2007 17 NOTICE of Appearance by attorney JOEL MILLER CRAIG on behalf of Defendant BENJAMIN HIMAN (CRAIG, JOEL) (Entered: November 12, 2007)
November 12, 2007 18 NOTICE of Appearance by attorney REGINALD B. GILLESPIE, JR on behalf of Defendant DURHAM, NORTH CAROLINA, CITY OF (GILLESPIE, REGINALD) (Entered: November 12, 2007)
November 12, 2007 19 NOTICE of Appearance by attorney JAMES B. MAXWELL on behalf of Defendant DAVID ADDISON (MAXWELL, JAMES) (Entered: November 12, 2007)
November 12, 2007 20 NOTICE of Appearance by attorney PATRICIA P. KERNER on behalf of Defendants STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS (KERNER, PATRICIA) (Entered: November 12, 2007)
November 13, 2007 ***Motions Submitted: 16 MOTION for Leave to File Excess Pages re Briefs in Support of Motion to Dismiss to Judge CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: November 13, 2007)
November 13, 2007 21 NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK GOTTLIEB (SPEAS, EDWIN) (Entered: November 13, 2007)
November 13, 2007 Motions No Longer Submitted to Judge Beaty 16 MOTION for Leave to File Excess Pages re Briefs in Support of Motion to Dismiss; Joint Motion by parties forthcoming. (Kemp, Donita) (Entered: November 15, 2007)
November 14, 2007 22 NOTICE of Appearance by attorney ROBERT A. SAR on behalf of Defendant DNA SECURITY, INC. (SAR, ROBERT) (Entered: November 14, 2007)
November 14, 2007 23 NOTICE of Appearance by attorney NICHOLAS J. SANSERVINO on behalf of Defendant DNA SECURITY, INC. (SANSERVINO, NICHOLAS) (Entered: November 14, 2007)
November 27, 2007 24 Joint MOTION to Exceed Page Limit in motion-to-dismiss briefing, Joint MOTION for Extension of Time To File Motion to Dismiss or to Answer by LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN, DURHAM, NORTH CAROLINA, CITY OF, MICHAEL B. NIFONG, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES) (Entered: November 27, 2007)
November 27, 2007 ***Motions Submitted: 24 Joint MOTION to Exceed Page Limitations and establish briefing schedule to Judge CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: November 27, 2007)
November 29, 2007 25 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 11/29/07, that the Joint Motion of All Parties to Extend Page Limitations and To Establish Briefing Schedule is GRANTED; Each of the following Defendants or groups of Defendants enumerated below shall have up to and including 50 pages to brief their respective motions to dismiss, and up to and including 25 pages to brief their respective reply memoranda as set forth; Plaintiffs shall have up to and including 50 pages to respond to each motion to dismiss. Plaintiffs may file a consolidated brief in excess of 50 pages to respond to common issues and/or multiple motions, so long as no more than 50 pages of briefing are devoted to arguments exclusively raised by a single Defendant's or group of Defendants' motion. The following briefing schedule shall apply to Defendants' motions to dismiss: a. Motions or answers due: January 15, 2008; b. Opposition(s) due: 90 days after filing of Motions; and c. Replies due: 30 days after filing of Opposition(s). Answers due by 1/15/2008. Motions due by 1/15/2008. (Welch, Kelly) (Entered: November 29, 2007)
November 29, 2007 ***FILED IN ERROR*** Set Deadlines/Hearings: Deficiency Compliance due by 12/10/2007. (Welch, Kelly) Modified on 11/29/2007 to reflect as being filed in error (Welch, Kelly). (Entered: 11/29/2007)
November 29, 2007 NOTICE of Docket Text/Event Modification re Set Deadlines/Hearings: Deficiency Compliance due by 12/10/07. Entry inadvertently entered into wrong case. Counsel please disregard this entry. (Welch, Kelly) (Entered: November 29, 2007)
December 11, 2007 26 First AMENDED COMPLAINT against defendant PATRICK BAKER, LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, DURHAM, NORTH CAROLINA, CITY OF, MICHAEL B. NIFONG, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES) (Entered: December 11, 2007)
December 27, 2007 27 WAIVER OF SERVICE of SUMMONS by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. PATRICK BAKER waiver sent on 12/11/2007, answer due 2/9/2008. (Attachments: # 1 Exhibit Waiver of Service of Summons of Defendant Patrick Baker)(DAVANT, CHARLES) (Entered: December 27, 2007)
January 14, 2008 28 NOTICE of Voluntary Dismissal without Prejudice of Defendant Stephen Mihaich; filed by Plaintiffs DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (DAVANT, CHARLES) Modified on 1/15/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: January 14, 2008)
January 15, 2008 29 MOTION to Dismiss with Memorandum of Law in Support filed by Defendant LINWOOD WILSON. Responses due by 4/17/2008. (Welch, Kelly) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). (Entered: 01/15/2008)
January 15, 2008 30 MOTION to Dismiss by BRIAN MEEHAN. Responses due by 4/17/2008 (ROBERTS, JAMES) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). (Entered: January 15, 2008)
January 15, 2008 31 Joinder in BRIEF in Support of 30 MOTION to Dismiss by Defendant BRIAN MEEHAN filed by BRIAN MEEHAN. (ROBERTS, JAMES) (Entered: January 15, 2008)
January 15, 2008 32 MOTION to Dismiss by DNA SECURITY, INC., RICHARD CLARK. Responses due by 4/17/2008 (KING, ROBERT) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). (Entered: January 15, 2008)
January 15, 2008 33 BRIEF in Support of 32 MOTION to Dismiss by Defendants DNA SECURITY, INC., RICHARD CLARK filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) (Entered: January 15, 2008)
January 15, 2008 34 MOTION to Dismiss; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. Responses due by 4/17/2008 (KERNER, PATRICIA) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). (Entered: January 15, 2008)
January 15, 2008 35 BRIEF in Support 34 MOTION to Dismiss pursuant to Rule 12(b)(6) by Defendants Baker, Chalmers, Council, Hodge, Lamb, Ripberger, and Russ. (KERNER, PATRICIA) (Entered: January 15, 2008)
January 15, 2008 36 MOTION to Dismiss by BENJAMIN HIMAN. Responses due by 4/17/2008(CRAIG, JOEL) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). (Entered: January 15, 2008)
January 15, 2008 37 BRIEF in Support of Motion to Dismiss by Defendant BENJAMIN HIMAN filed by BENJAMIN HIMAN. (CRAIG, JOEL) (Entered: January 15, 2008)
January 15, 2008 38 MOTION to Dismiss by MARK GOTTLIEB. Responses due by 4/17/2008 (SPEAS, EDWIN) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). (Entered: January 15, 2008)
January 15, 2008 39 MEMORANDUM in Support of 38 MOTION to Dismiss. (SPEAS, EDWIN) (Entered: 01/15/2008)
January 15, 2008 40 MOTION to Dismiss by DAVID ADDISON. Responses due by 4/17/2008 (MAXWELL, JAMES) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). (Entered: January 15, 2008)
January 15, 2008 41 MEMORANDUM of Law in Support of 40 MOTION to Dismiss. (MAXWELL, JAMES) (Entered: January 15, 2008)
January 15, 2008 42 MOTION to Dismiss First Amended Complaint; by DURHAM, NORTH CAROLINA, CITY OF. Responses due by 4/17/2008 (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD). Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). (Entered: January 15, 2008)
January 15, 2008 43 BRIEF in Support of 42 MOTION to Dismiss. (GILLESPIE, REGINALD) (Entered: 01/15/2008)
January 16, 2008 ***ENTERED IN ERROR***Deadlines terminated as to Pldg. Nos. 34 , 36 , 38 , 40 , 42 . Response Deadlines have been reset and all responses to aforementioned pleadings are due by 2/7/2008. (Lee, Lisa) (Entered: January 16, 2008)
January 16, 2008 ***Response Deadlines as to Pldg. Nos. 30 , 32 , 34 , 36 , 38 , 40 & 42 have been updated. Responses due by 4/17/2008 per scheduling order (Pldg. No. 25 ). (Lee, Lisa) (Entered: January 16, 2008)
January 16, 2008 ***Response Deadline as to Pldg. No. 29 has been updated. Responses due by 4/17/2008 per scheduling order (Pldg. No. 25 ). (Lee, Lisa) (Entered: 01/16/2008)
January 16, 2008 44 NOTICE by Defendant MICHAEL B. NIFONG of filing bankruptcy (CRAVEN, JAMES) (Entered: January 16, 2008)
January 17, 2008 45 NOTICE of Appearance by attorney ERIC P. STEVENS on behalf of Defendant MARK GOTTLIEB (STEVENS, ERIC) (Entered: January 17, 2008)
January 23, 2008 CASE REFERRED to Judge Beaty. Re: #44, Notice of Bankruptcy filing as to defendant Michael B. Nifong. (Kemp, Donita) (Entered: January 23, 2008)
January 28, 2008 Case no longer referred to CHIEF/JUDGE BEATY as to Notice of Bankruptcy filing (Pldg. No. 44 ) by defendant Michael B. Nifong. (Lee, Lisa) Modified on 1/29/2008 to add additional text (Lee, Lisa). (Entered: January 28, 2008)
January 28, 2008 46 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 1/28/2008 that the Clerk of Court terminate this action administratively in his records as to the individual defendant MICHAEL B. NIFONG and that any party shall have the right to reopen this case for any purpose on motion and notice to all other parties, without prejudice to the rights of any of the parties, at any time prior to the 90th day after the final termination of the bankruptcy proceedings. (Lee, Lisa) (Entered: January 28, 2008)
January 30, 2008 47 NOTICE of Appearance by attorney PAUL R. DICKINSON, JR on behalf of Defendant BRIAN MEEHAN (DICKINSON, PAUL) (Entered: January 30, 2008)
March 11, 2008 48 NOTICE of Appearance by attorney D. MARTIN WARF on behalf of Defendants STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (WARF, D.) (Entered: March 11, 2008)
March 11, 2008 49 NOTICE of Appearance by attorney HANNAH GRAY STYRON on behalf of Defendants STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (STYRON, HANNAH) (Entered: March 11, 2008)
March 28, 2008 50 MOTION for Pro Hac Vice Admission by READE SELIGMANN. Responses due by 4/21/2008 (Attachments: # 1 Text of Proposed Order) (RUDOLF, DAVID) (Entered: March 28, 2008)
April 2, 2008 51 Consolidated Opposition to Defendants' Motion to Dismiss The First Amended Complaint, re 31 Brief, 30 MOTION to Dismiss, 38 MOTION to Dismiss, 33 Brief, 43 Brief, 41 Brief, 42 MOTION to Dismiss, 39 Brief, 37 Brief, 36 MOTION to Dismiss, 29 MOTION to Dismiss, 40 MOTION to Dismiss, 35 Brief, 32 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6) MOTION to Dismiss pursuant to Rule 12(b)(6); filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Replies due by 5/2/2008. (Attachments: # 1 Exhibit Exh 1 (Hoover v. Keith complaint), # 2 Exhibit Exh 2 (Antonio v. Moore complaint)) (MANNING, CHRISTOPHER) Modified on 4/3/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: April 2, 2008)
April 22, 2008 52 NOTICE of Appearance by attorney HENRY W. SAPPENFIELD on behalf of Defendant BENJAMIN HIMAN (SAPPENFIELD, HENRY) (Entered: April 22, 2008)
April 28, 2008 53 MOTION for Enlargement of Time to File Reply Brief in Support of 38 MOTION to Dismiss, 42 MOTION to Dismiss, 36 MOTION to Dismiss, 25 Order on Motion to Exceed Page Limit, Order on Motion for Extension of Time To File Motion, Order on Motion for Leave to File Excess Pages, 40 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6), 51 Response in Opposition to Motion, by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON. Responses due by 5/21/2008 (Attachments: # 1 Text of Proposed Order) (GILLESPIE, REGINALD) Modified on 4/29/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: April 28, 2008)
April 30, 2008 ***Motions Submitted: 53 MOTION for Extension of Time to File Reply as to 38 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: April 30, 2008)
April 30, 2008 54 MOTION for Extension of Time to File Response/Reply Brief In Support of Motion to Dismiss First Amended Complaint by DNA SECURITY, INC., RICHARD CLARK. Responses due by 5/23/2008 (KING, ROBERT) (Entered: April 30, 2008)
April 30, 2008 ***Motions Submitted: 50 MOTION for Pro Hac Vice Admission to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: April 30, 2008)
April 30, 2008 ***Motions Submitted: 54 MOTION for Extension of Time to File Reply Brief In Support of Motion to Dismiss First Amended Complaint to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: April 30, 2008)
April 30, 2008 55 MOTION for Extension of Time to File Reply Brief as to 30 MOTION to Dismiss First Amended Complaint; filed by BRIAN MEEHAN. Responses due by 5/23/2008 (Attachments: # 1 Text of Proposed Order [Proposed] Order Allowing Motion) (DICKINSON, PAUL) (Entered: April 30, 2008)
May 1, 2008 56 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 4/30/2008 that on 53 motion of Defendants City of Durham, North Carolina, David Addison, Patrick Baker, Steven Chalmers, Beverly Council, Mark Gottlieb, Benjamin Himan, Ronald Hodge, Jeff Lamb, Michael Ripberger, and Lee Russ, and pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and LR6.1(a), MDNC, it is hereby ordered that the time within which the moving Defendants may file and serve reply briefs in support of their motions to dismiss be, and such time hereby is, enlarged, through and including May 9, 2008. (Lee, Lisa) (Entered: May 1, 2008)
May 1, 2008 57 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 4/30/2008 that Ilann M. Maazel, and Richard D. Emery be, and thereby are, admitted to this Court, pro hac vice, and that Ilann M. Maazel, and Richard D. Emery, David S. Rudolf and the law firm Rudolf, Widenhouse & Fialko be noted as counsel of record for Plaintiff Reade Seligmann. (Lee, Lisa) (Entered: May 1, 2008)
May 1, 2008 58 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 4/30/2008 that on 54 motion of Defendants DNA Security, Inc. and Richard Clark, and pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and LR6.2(a), MDNC, it is hereby ordered that the time within which the moving Defendants may file and serve their reply brief in support of their motion to dismiss be, and such time hereby is, enlarged, through and including May 9, 2008. (Lee, Lisa) (Entered: May 1, 2008)
May 1, 2008 ***Motions Submitted: 55 MOTION for Extension of Time to File Reply as to 30 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: May 1, 2008)
May 1, 2008 59 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 5/1/2008 that on 55 motion of defendant Brian Meehan and pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and LR6.1(a), MDNC, it is hereby ORDERED that the time within which the moving defendant may file and serve his reply brief in support of his motion to dismiss be, and such time hereby is, enlarged through and including May 9, 2008. (Lee, Lisa) (Entered: May 1, 2008)
May 9, 2008 60 REPLY in Support of 34 MOTION to Dismiss; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. (KERNER, PATRICIA) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: 05/09/2008)
May 9, 2008 61 JOINT REPLY MEMORANDUM in Support of 36 MOTION to Dismiss filed by Defendants Mark Gottlieb and Benjamin Himan (STEVENS, ERIC) Modified on 5/12/2008 to remove duplicate text (Lee, Lisa). (Entered: May 9, 2008)
May 9, 2008 62 REPLY MEMORANDUM in Support of 40 MOTION to Dismiss filed by DAVID ADDISON. (MAXWELL, JAMES) (Entered: May 9, 2008)
May 9, 2008 63 REPLY BRIEF in Support of 32 MOTION to Dismiss filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: May 9, 2008)
May 9, 2008 64 JOINDER in REPLY in Support of 40 MOTION to Dismiss of Defendants DNA Security, Inc. and Richard Clark; filed by BRIAN MEEHAN. (DICKINSON, PAUL) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: May 9, 2008)
May 9, 2008 65 REPLY in Support of 42 MOTION to Dismiss; filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: May 9, 2008)
May 16, 2008 66 Amended Certificate of Service; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (WARF, D.) (Entered: May 16, 2008)
June 17, 2008 ***Motions Submitted: 29 MOTION to Dismiss, 40 MOTION to Dismiss, 32 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6) MOTION to Dismiss pursuant to Rule 12(b)(6), 30 MOTION to Dismiss, 38 MOTION to Dismiss, 42 MOTION to Dismiss, 36 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 06/17/2008)
June 24, 2008 67 MOTION to Compel Rule 26(f) Conference by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Responses due by 7/17/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (DAVANT, CHARLES) (Entered: June 24, 2008)
July 1, 2008 68 NOTICE of Linwood Wilson's Opposition to 67 MOTION to Compel Rule 26(f) Conference; filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (Attachments: # 1 Exhibit 6, # 2 Exhibit 7) (DAVANT, CHARLES) Modified on 7/2/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: July 1, 2008)
Docket Report Last Checked: July 3, 2008 15:35:09 PDT
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Plaintiff: DAVID F. EVANS
Represented By: ROBERT M. CARY, CHARLES DAVANT, IV, CHRISTOPHER N. MANNING, BRENDAN V. SULLIVAN, JR.
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Plaintiff: COLLIN FINNERTY
Represented By: CHARLES DAVANT, IV, ROBERT M. CARY, CHRISTOPHER N. MANNING, BRENDAN V. SULLIVAN, JR.
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Plaintiff: READE SELIGMANN
Represented By: DAVID S RUDOLF
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Defendant: DURHAM, NORTH CAROLINA, CITY OF
Represented By: REGINALD B. GILLESPIE, JR.
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Defendant: MARK GOTTLIEB
Represented By: EDWIN M. SPEAS, JR., ERIC P. STEVENS
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Defendant: BENJAMIN HIMAN
Represented By: BENJAMIN HIMAN, JOEL MILLER CRAIG
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Defendant: DAVID ADDISON
Represented By: JAMES B. MAXWELL
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Defendant: LINWOOD WILSON
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Defendant: STEVEN W. CHALMERS
Represented By: PATRICIA P. KERNER
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Defendant: BEVERLY COUNCIL
Represented By: PATRICIA P. KERNER
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Defendant: RONALD HODGE
Represented By: PATRICIA P. KERNER
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Defendant: JEFF LAMB
Represented By: PATRICIA P. KERNER
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Defendant: MICHAEL RIPBERGER
Represented By: PATRICIA P. KERNER
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Defendant: LEE RUSS
Represented By: PATRICIA P. KERNER
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Defendant: DNA SECURITY, INC.
Represented By: ROBERT A. SAR, NICHOLAS J. SANSERVINO, KEARNS DAVIS, DNA SECURITY, INC., ROBERT JAMES KING, III
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Defendant: RICHARD CLARK
Represented By: ROBERT JAMES KING, III, DNA SECURITY, INC., KEARNS DAVIS
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Defendant: BRIAN MEEHAN
Represented By: JAMES AVERY ROBERTS, III, BRIAN MEEHAN, PAUL R. DICKINSON, JR.
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Defendant: PATRICK BAKER
Represented By: PATRICIA P. KERNER
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