The following documents for this case are available for you to view or download.
| Date Filed | # | Document Text |
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| 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) |
| October 5, 2007 | 2 | CIVIL COVER SHEET, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES) |
| October 9, 2007 | 3 | Summons Issued as to LINWOOD WILSON, MICHAEL B. NIFONG. (Attachments: # 1 Additional summons)(McClain, Abby) |
| October 9, 2007 | 4 | Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) |
| October 9, 2007 | 5 | MOTION for Pro Hac Vice Admission by DAVID F. EVANS, COLLIN FINNERTY. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES) |
| 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) |
| October 10, 2007 | 7 | ECF 30 Day Notice as to Attorneys Robert M. Cary, Christopher N. Manning, Brendan V. Sullivan, Jr. (Welch, Kelly) |
| 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) |
| 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) |
| 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) |
| 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) |
| October 29, 2007 | 12 | NOTICE of Appearance by attorney DAVID S RUDOLF on behalf of Plaintiff READE SELIGMANN (RUDOLF, DAVID) |
| November 2, 2007 | 13 | NOTICE of Appearance by attorney KEARNS DAVIS on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (DAVIS, KEARNS) |
| November 5, 2007 | 14 | NOTICE of Appearance by attorney ROBERT JAMES KING, III on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (KING, ROBERT) |
| 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) |
| 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) |
| November 12, 2007 | 17 | NOTICE of Appearance by attorney JOEL MILLER CRAIG on behalf of Defendant BENJAMIN HIMAN (CRAIG, JOEL) |
| November 12, 2007 | 18 | NOTICE of Appearance by attorney REGINALD B. GILLESPIE, JR on behalf of Defendant DURHAM, NORTH CAROLINA, CITY OF (GILLESPIE, REGINALD) |
| November 12, 2007 | 19 | NOTICE of Appearance by attorney JAMES B. MAXWELL on behalf of Defendant DAVID ADDISON (MAXWELL, JAMES) |
| 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) |
| November 13, 2007 | 21 | NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK GOTTLIEB (SPEAS, EDWIN) |
| November 14, 2007 | 22 | NOTICE of Appearance by attorney ROBERT A. SAR on behalf of Defendant DNA SECURITY, INC. (SAR, ROBERT) |
| November 14, 2007 | 23 | NOTICE of Appearance by attorney NICHOLAS J. SANSERVINO on behalf of Defendant DNA SECURITY, INC. (SANSERVINO, NICHOLAS) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
| 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). |
| 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). |
| January 15, 2008 | 31 | Joinder in BRIEF in Support of 30 MOTION to Dismiss by Defendant BRIAN MEEHAN filed by BRIAN MEEHAN. (ROBERTS, JAMES) |
| 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). |
| 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) |
| 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). |
| 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) |
| 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). |
| January 15, 2008 | 37 | BRIEF in Support of Motion to Dismiss by Defendant BENJAMIN HIMAN filed by BENJAMIN HIMAN. (CRAIG, JOEL) |
| 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). |
| January 15, 2008 | 39 | MEMORANDUM in Support of 38 MOTION to Dismiss. (SPEAS, EDWIN) |
| 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). |
| January 15, 2008 | 41 | MEMORANDUM of Law in Support of 40 MOTION to Dismiss. (MAXWELL, JAMES) |
| 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). |
| January 15, 2008 | 43 | BRIEF in Support of 42 MOTION to Dismiss. (GILLESPIE, REGINALD) |
| January 16, 2008 | 44 | NOTICE by Defendant MICHAEL B. NIFONG of filing bankruptcy (CRAVEN, JAMES) |
| January 17, 2008 | 45 | NOTICE of Appearance by attorney ERIC P. STEVENS on behalf of Defendant MARK GOTTLIEB (STEVENS, ERIC) |
| 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) |
| January 30, 2008 | 47 | NOTICE of Appearance by attorney PAUL R. DICKINSON, JR on behalf of Defendant BRIAN MEEHAN (DICKINSON, PAUL) |
| 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.) |
| 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) |
| 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) |
| 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). |
| April 22, 2008 | 52 | NOTICE of Appearance by attorney HENRY W. SAPPENFIELD on behalf of Defendant BENJAMIN HIMAN (SAPPENFIELD, HENRY) |
| 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). |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
| 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). |
| May 9, 2008 | 62 | REPLY MEMORANDUM in Support of 40 MOTION to Dismiss filed by DAVID ADDISON. (MAXWELL, JAMES) |
| 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). |
| 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). |
| 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). |
| 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.) |
| 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) |
| 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). |
| July 17, 2008 | 69 | RESPONSE 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, 2008 | 70 | RESPONSE 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, 2008 | 71 | RESPONSE 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, 2008 | 72 | RESPONSE by Defendant LINWOOD WILSON to 67 MOTION to Compel Rule 26(f) Conference. (Attachments: # 1 Envelope (Front)) (Lee, Lisa) |
| July 29, 2008 | 73 | MOTION 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, 2008 | 74 | REPLY 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, 2008 | 75 | 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, 2008 | 76 | NOTICE of Change of Address by EDWIN M. SPEAS, JR (SPEAS, EDWIN) |
| October 17, 2008 | 77 | NOTICE of Change of Address by ERIC P. STEVENS (STEVENS, ERIC) |
| October 22, 2008 | 78 | MOTION for Partial Summary Judgment (Governmental Immunity) by DURHAM, NORTH CAROLINA, CITY OF. Responses due by 11/24/2008 (GILLESPIE, REGINALD) |
| October 22, 2008 | 79 | AFFIDAVIT 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, 2008 | 80 | BRIEF re 79 Affidavit, 78 MOTION for Partial Summary Judgment (Governmental Immunity). (GILLESPIE, REGINALD) |
| October 24, 2008 | 81 | CERTIFICATE 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, 2008 | 82 | 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, 2008 | 83 | RESPONSE 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, 2008 | 84 | MOTION 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, 2008 | 85 | 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, 2008 | 86 | AFFIDAVIT 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, 2008 | 87 | AFFIDAVIT 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, 2008 | 88 | REPLY to Response to 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD) |
| December 15, 2008 | 89 | CERTIFICATE OF SERVICE by DURHAM, NORTH CAROLINA, CITY OF re 86 Affidavit, 87 Affidavit (GILLESPIE, REGINALD) |
| January 15, 2009 | 90 | MOTION to Dismiss by MICHAEL B. NIFONG. Responses due by 2/9/2009 (CRAVEN, JAMES) |
| January 15, 2009 | 91 | MEMORANDUM filed by Defendant MICHAEL B. NIFONG re 90 MOTION to Dismiss filed by MICHAEL B. NIFONG. (CRAVEN, JAMES) |
| January 29, 2009 | 92 | MEMORANDUM of LAW in Opposition to 90 MOTION to Dismiss filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (DAVANT, CHARLES) |
| February 27, 2009 | 93 | NOTICE 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, 2009 | 94 | FIRST 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, 2009 | 95 | 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, 2009 | 96 | 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, 2009 | 97 | MEMORANDUM ON BEHALF OF MICHAEL B. NIFONG by Defendant MICHAEL B. NIFONG. (CRAVEN, JAMES) |
| June 24, 2009 | 98 | Supplemental 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, 2009 | 99 | Supplemental 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, 2009 | 100 | Supplemental 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, 2009 | 101 | Supplemental BRIEF In Support Of Linwood Wilson's Motion To Dismiss 29 by Defendant LINWOOD WILSON. (WILSON, LINWOOD) |
| June 24, 2009 | 102 | REPLY, 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, 2009 | 103 | NOTICE of Appearance by attorney ILANN M. MAAZEL on behalf of Plaintiff READE SELIGMANN (MAAZEL, ILANN) |
| June 29, 2009 | 104 | NOTICE of Appearance by attorney RICHARD D. EMERY on behalf of Plaintiff READE SELIGMANN (EMERY, RICHARD) |
| June 30, 2009 | 105 | NOTICE of Appearance by attorney ILANN M. MAAZEL on behalf of Plaintiff READE SELIGMANN (MAAZEL, ILANN) |
| June 30, 2009 | 106 | NOTICE of Appearance by attorney RICHARD D. EMERY on behalf of Plaintiff READE SELIGMANN (EMERY, RICHARD) |
| July 14, 2009 | 107 | Supplemental 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, 2009 | 108 | SUPPLEMENTAL 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, 2009 | 109 | MOTION 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, 2009 | 110 | RESPONSE 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, 2009 | 111 | REPLY 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). |
