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

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
October 5, 20071COMPLAINT 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)
October 5, 20072CIVIL COVER SHEET, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES)
October 9, 20073Summons Issued as to LINWOOD WILSON, MICHAEL B. NIFONG. (Attachments: # 1 Additional summons)(McClain, Abby)
October 9, 20074Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby)
October 9, 20075MOTION for Pro Hac Vice Admission by DAVID F. EVANS, COLLIN FINNERTY. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES)
October 10, 20076Court Opinion or Order 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)
October 10, 20077ECF 30 Day Notice as to Attorneys Robert M. Cary, Christopher N. Manning, Brendan V. Sullivan, Jr. (Welch, Kelly)
October 24, 20078WAIVER 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)
October 24, 20079MOTION 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)
October 25, 200710Declaration 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)
October 26, 200711Court Opinion or Order 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)
October 29, 200712NOTICE of Appearance by attorney DAVID S RUDOLF on behalf of Plaintiff READE SELIGMANN (RUDOLF, DAVID)
November 2, 200713NOTICE of Appearance by attorney KEARNS DAVIS on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (DAVIS, KEARNS)
November 5, 200714NOTICE of Appearance by attorney ROBERT JAMES KING, III on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (KING, ROBERT)
November 7, 200715Consent 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)
November 7, 200716MOTION 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)
November 12, 200717NOTICE of Appearance by attorney JOEL MILLER CRAIG on behalf of Defendant BENJAMIN HIMAN (CRAIG, JOEL)
November 12, 200718NOTICE of Appearance by attorney REGINALD B. GILLESPIE, JR on behalf of Defendant DURHAM, NORTH CAROLINA, CITY OF (GILLESPIE, REGINALD)
November 12, 200719NOTICE of Appearance by attorney JAMES B. MAXWELL on behalf of Defendant DAVID ADDISON (MAXWELL, JAMES)
November 12, 200720NOTICE 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)
November 13, 200721NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK GOTTLIEB (SPEAS, EDWIN)
November 14, 200722NOTICE of Appearance by attorney ROBERT A. SAR on behalf of Defendant DNA SECURITY, INC. (SAR, ROBERT)
November 14, 200723NOTICE of Appearance by attorney NICHOLAS J. SANSERVINO on behalf of Defendant DNA SECURITY, INC. (SANSERVINO, NICHOLAS)
November 27, 200724Joint 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)
November 29, 200725Court Opinion or Order 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)
December 11, 200726First 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)
December 27, 200727WAIVER 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)
January 14, 200828NOTICE 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).
January 15, 200829MOTION 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).
January 15, 200830MOTION 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).
January 15, 200831Joinder in BRIEF in Support of 30 MOTION to Dismiss by Defendant BRIAN MEEHAN filed by BRIAN MEEHAN. (ROBERTS, JAMES)
January 15, 200832MOTION 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).
January 15, 200833BRIEF in Support of 32 MOTION to Dismiss by Defendants DNA SECURITY, INC., RICHARD CLARK filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT)
January 15, 200834MOTION 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).
January 15, 200835BRIEF in Support 34 MOTION to Dismiss pursuant to Rule 12(b)(6) by Defendants Baker, Chalmers, Council, Hodge, Lamb, Ripberger, and Russ. (KERNER, PATRICIA)
January 15, 200836MOTION 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).
January 15, 200837BRIEF in Support of Motion to Dismiss by Defendant BENJAMIN HIMAN filed by BENJAMIN HIMAN. (CRAIG, JOEL)
January 15, 200838MOTION 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).
January 15, 200839MEMORANDUM in Support of 38 MOTION to Dismiss. (SPEAS, EDWIN)
January 15, 200840MOTION 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).
January 15, 200841MEMORANDUM of Law in Support of 40 MOTION to Dismiss. (MAXWELL, JAMES)
January 15, 200842MOTION 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).
January 15, 200843BRIEF in Support of 42 MOTION to Dismiss. (GILLESPIE, REGINALD)
January 16, 200844NOTICE by Defendant MICHAEL B. NIFONG of filing bankruptcy (CRAVEN, JAMES)
January 17, 200845NOTICE of Appearance by attorney ERIC P. STEVENS on behalf of Defendant MARK GOTTLIEB (STEVENS, ERIC)
January 28, 200846Court Opinion or Order 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)
January 30, 200847NOTICE of Appearance by attorney PAUL R. DICKINSON, JR on behalf of Defendant BRIAN MEEHAN (DICKINSON, PAUL)
March 11, 200848NOTICE 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.)
March 11, 200849NOTICE 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)
March 28, 200850MOTION for Pro Hac Vice Admission by READE SELIGMANN. Responses due by 4/21/2008 (Attachments: # 1 Text of Proposed Order) (RUDOLF, DAVID)
April 2, 200851Consolidated 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).
April 22, 200852NOTICE of Appearance by attorney HENRY W. SAPPENFIELD on behalf of Defendant BENJAMIN HIMAN (SAPPENFIELD, HENRY)
April 28, 200853MOTION 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).
April 30, 200854MOTION 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)
April 30, 200855MOTION 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)
May 1, 200856Court Opinion or Order 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)
May 1, 200857Court Opinion or Order 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)
May 1, 200858Court Opinion or Order 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)
May 1, 200859Court Opinion or Order 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)
May 9, 200860REPLY 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).
May 9, 200861JOINT 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).
May 9, 200862REPLY MEMORANDUM in Support of 40 MOTION to Dismiss filed by DAVID ADDISON. (MAXWELL, JAMES)
May 9, 200863REPLY 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).
May 9, 200864JOINDER 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).
May 9, 200865REPLY 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).
May 16, 200866Amended Certificate of Service; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (WARF, D.)
June 24, 200867MOTION 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)
July 1, 200868NOTICE 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).
July 17, 200869RESPONSE filed by Defendants DNA SECURITY, INC., RICHARD CLARK re 67 MOTION to Compel Rule 26(f) Conference filed by READE SELIGMANN, COLLIN FINNERTY, DAVID F. EVANS. Replies due by 8/4/2008. (Attachments: # 1 Exhibit Tab A - Correspondence, # 2 Exhibit Tab B - Transcripts)(KING, ROBERT)
July 17, 200870RESPONSE in Opposition re 67 MOTION to Compel Rule 26(f) Conference DEFENDANT MEEHAN'S JOINDER IN DEFENDANTS DNA SECURITY, INC. AND RICHARD CLARK'S RESPONSE TO PLAINTIFFS' MOTION TO COMPEL DEFENDANTS TO CONFER UNDER RULE 26(f) filed by BRIAN MEEHAN. Replies due by 8/4/2008. (DICKINSON, PAUL)
July 17, 200871RESPONSE in Opposition re 67 MOTION to Compel Rule 26(f) Conference filed 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. Replies due by 8/4/2008. (Attachments: # 1 Exhibit Attachment I -- August 16, 2007 letter, # 2 Exhibit Attachment II -- September 26, 2007 letter, # 3 Exhibit Attachment III -- May 7, 2008 letter, # 4 Exhibit Attachment IV -- May 19, 2008 Letter, # 5 Exhibit Attachment V -- May 19, 2008 Letter to Emery)(KERNER, PATRICIA)
July 17, 200872RESPONSE by Defendant LINWOOD WILSON to 67 MOTION to Compel Rule 26(f) Conference. (Attachments: # 1 Envelope (Front)) (Lee, Lisa)
July 29, 200873MOTION to Allow Defendant Linwood Wilson to Use the CM/ECF System to File Documents Electronically; filed by LINWOOD WILSON. Responses due by 8/21/2008. (Lee, Lisa) (Additional attachment(s) added on 8/1/2008: # 1 Main Document) (Lee, Lisa).
August 4, 200874REPLY in Support of 67 MOTION to Compel Rule 26(f) Conference filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Exhibit A) (DAVANT, CHARLES)
September 10, 200875Court Opinion or Order ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/9/2009 that Defendant Linwood Wilson's Motion (Document# 73 ) is GRANTED, and after Defendant Wilson completes the training required by the Clerk's Office, Defendant Wilson may register as a Filing User in the Court's Electronic Case Filing System with respect solely to the present action. (Lee, Lisa)
October 17, 200876NOTICE of Change of Address by EDWIN M. SPEAS, JR (SPEAS, EDWIN)
October 17, 200877NOTICE of Change of Address by ERIC P. STEVENS (STEVENS, ERIC)
October 22, 200878MOTION for Partial Summary Judgment (Governmental Immunity) by DURHAM, NORTH CAROLINA, CITY OF. Responses due by 11/24/2008 (GILLESPIE, REGINALD)
October 22, 200879AFFIDAVIT re 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by Defendant DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (GILLESPIE, REGINALD)
October 22, 200880BRIEF re 79 Affidavit, 78 MOTION for Partial Summary Judgment (Governmental Immunity). (GILLESPIE, REGINALD)
October 24, 200881CERTIFICATE OF SERVICE by DURHAM, NORTH CAROLINA, CITY OF re 79 Affidavit of Darwin Laws and attached Exhibits 1, 2, and 3 (GILLESPIE, REGINALD)
November 12, 200882Court Opinion or Order ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 11/12/08, that Plaintiffs' Motion to Compel Defendants to Confer Under Rule 26(f) [Document # 67 ] is DENIED. (Law, Trina)
November 24, 200883RESPONSE in Opposition to 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Replies due by 12/12/2008. (Attachments: # 1 Affidavit Rule 56(f) Affidavit of Charles Davant IV, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K) (DAVANT, CHARLES)
December 5, 200884MOTION to Reopen Case as to Defendant Nifong by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Text of Proposed Order) (DAVANT, CHARLES)
December 9, 200885Court Opinion or Order ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 12/9/2008 that upon consideration of Plaintiffs' 84 Motion to Reopen Case as to Defendant Nifong, and to Set Agreed-Upon Deadline for His Responsive Pleading ("Motion"), and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall reopen this action administratively in his records as to the individual defendant MICHAEL B. NIFONG. IT IS FURTHER ORDERED that Defendant Nifong shall file an answer or motion to dismiss on or before January 15, 2009. (Lee, Lisa)
December 12, 200886AFFIDAVIT of Amy M. DeLorenze re 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD)
December 12, 200887AFFIDAVIT of Arche L. McAdoo re 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD)
December 12, 200888REPLY to Response to 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD)
December 15, 200889CERTIFICATE OF SERVICE by DURHAM, NORTH CAROLINA, CITY OF re 86 Affidavit, 87 Affidavit (GILLESPIE, REGINALD)
January 15, 200990MOTION to Dismiss by MICHAEL B. NIFONG. Responses due by 2/9/2009 (CRAVEN, JAMES)
January 15, 200991MEMORANDUM filed by Defendant MICHAEL B. NIFONG re 90 MOTION to Dismiss filed by MICHAEL B. NIFONG. (CRAVEN, JAMES)
January 29, 200992MEMORANDUM of LAW in Opposition to 90 MOTION to Dismiss filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (DAVANT, CHARLES)
February 27, 200993NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant MARK GOTTLIEB. DAVID WILLIAM LONG is substituted as counsel for Defendant. Attorney EDWIN M. SPEAS, JR terminated. (LONG, DAVID)
March 22, 200994FIRST SUPPLEMENT to 78 MOTION for Partial Summary Judgment (Governmental Immunity) by Defendant DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD) Modified on 3/23/2009 to reflect accurate title of pldg. (Lee, Lisa).
March 30, 200995Court Opinion or Order ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 3/30/2009 that for administrative purposes, the various Motions to Dismiss (Doc. # 29 , # 30 , # 32 , # 34 , # 36 , # 38 , # 40 , # 42 and # 90 ) are CONSOLIDATED into a single Motion to Dismiss (designated as Doc. # 42 ) for further review and consideration by the Court. (Lee, Lisa)
June 4, 200996Court Opinion or Order ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 6/4/2009 that within 20 days of the date of this Order, any of the previously-designated Defendant groups may file a Supplemental Brief, not to exceed 20 pages, addressing the impact of the Supreme Court's decision in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), on the resolution of the pending Motions to Dismiss in this case. FURTHER that within 20 days after such Supplemental Briefs are filed, Plaintiffs may file a Response Brief, not to exceed 20 pages, responding to any issues raised in the Supplemental Briefs. (Lee, Lisa)
June 24, 200997MEMORANDUM ON BEHALF OF MICHAEL B. NIFONG by Defendant MICHAEL B. NIFONG. (CRAVEN, JAMES)
June 24, 200998Supplemental BRIEF re 63 Reply to Response to Motion, 33 Brief by Defendants DNA SECURITY, INC., RICHARD CLARK by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT)
June 24, 200999Supplemental BRIEF re 41 Brief, 62 Reply to Response to Motion, 35 Brief, 60 Reply to Response to Motion,. (Attachments: # 1 Exhibit Attachment I -- Iqbal Complaint)(KERNER, PATRICIA)
June 24, 2009100Supplemental BRIEF re 43 Brief, 42 MOTION to Dismiss, 39 Brief, 37 Brief by Defendants DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN (GILLESPIE, REGINALD)
June 24, 2009101Supplemental BRIEF In Support Of Linwood Wilson's Motion To Dismiss 29 by Defendant LINWOOD WILSON. (WILSON, LINWOOD)
June 24, 2009102REPLY, filed by Defendant BRIAN MEEHAN, to Response to 30 MOTION to Dismiss Defendant Meehan's Joinder in Defendants DNA Security, Inc, and Richard Clark's Supplemental Brief in Support of Motion to Dismiss. (ROBERTS, JAMES)
June 29, 2009103NOTICE of Appearance by attorney ILANN M. MAAZEL on behalf of Plaintiff READE SELIGMANN (MAAZEL, ILANN)
June 29, 2009104NOTICE of Appearance by attorney RICHARD D. EMERY on behalf of Plaintiff READE SELIGMANN (EMERY, RICHARD)
June 30, 2009105NOTICE of Appearance by attorney ILANN M. MAAZEL on behalf of Plaintiff READE SELIGMANN (MAAZEL, ILANN)
June 30, 2009106NOTICE of Appearance by attorney RICHARD D. EMERY on behalf of Plaintiff READE SELIGMANN (EMERY, RICHARD)
July 14, 2009107Supplemental BRIEF Opposing 42 MOTION to Dismiss; filed by Plaintiffs DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (DAVANT, CHARLES) Modified on 7/15/2009 to reflect accurate title of pldg. (Lee, Lisa).
August 12, 2009108SUPPLEMENTAL MEMORANDUM ON BEHALF OF MICHAEL B. NIFONG re 97 Memorandum by Defendant MICHAEL B. NIFONG. (CRAVEN, JAMES) Modified on 8/13/2009 to remove duplicate text (Lee, Lisa).
August 12, 2009109MOTION for Leave to File Second Amended Complaint by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Responses due by 9/4/2009 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order) (DAVANT, CHARLES)
September 4, 2009110RESPONSE in Opposition re 109 MOTION for Leave to File Second Amended Complaint filed by DURHAM, NORTH CAROLINA, CITY OF. Replies due by 9/24/2009. (Attachments: # 1 Text of Proposed Order including alternate versions of proposed order on motion for leave to amend -- proposed order denying motion and proposed order allowing motion) (GILLESPIE, REGINALD)
September 21, 2009111REPLY in Support of 109 MOTION for Leave to File Second Amended Complaint filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (DAVANT, CHARLES) Modified on 9/22/2009 to reflect accurate title of pldg. (Lee, Lisa).
Search for this case: EVANS et al v. DURHAM, NORTH CAROLINA, CITY OF et al
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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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