Plaintiffs alleged that Duke University Defendants, City of Durham Defendants and DNASI Defendants conspired to abuse the Nontestimonial Identification Order process, conspired to abuse the Search Warrant process, conspired to conceal exculpatory police witness testimony, conspired to conceal exonerating forensic DNA evidence, conspired to conceal exonerating forensice SANE evidence, conspired to manufacture inculpatory forensic SANE evidence and conspired to stigmatize the Plaintiffs by subjecting them to public outrage, public condemnation, and infamy for crimes that the Defendants knew did not happen.
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| Date Filed | # | Document Text |
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| December 18, 2007 | 1 | COMPLAINT against all defendants, filed by RYAN MCFADYEN. $350.00 Filing Fee (EKSTRAND, ROBERT) Modified on 12/18/2007 to correct case number on complaint. (McClain, Abby). |
| December 18, 2007 | 2 | Additional Attachments to Main Document re 1 Complaint (EKSTRAND, ROBERT) |
| December 18, 2007 | 3 | Additional Attachments to Main Document re 1 Complaint (EKSTRAND, ROBERT) |
| December 18, 2007 | 4 | Summons Issued as to WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PETER LANGE, TALLMAN TRASK, III, JOHN BURNESS, LARRY MONETA, DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BEN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (Attachments: # 1 Additional summons)(McClain, Abby) |
| December 18, 2007 | 5 | Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) |
| January 9, 2008 | 6 | NOTICE of Appearance by attorney JAMES B. MAXWELL on behalf of Defendants JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON (MAXWELL, JAMES) |
| January 16, 2008 | 7 | NOTICE of Appearance by attorney JOEL MILLER CRAIG on behalf of Defendant BENJAMIN W. HIMAN (CRAIG, JOEL) |
| February 4, 2008 | 8 | NOTICE of Appearance by attorney JAMES DONALD COWAN, JR on behalf of Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (COWAN, JAMES) |
| February 4, 2008 | 9 | NOTICE of Appearance by attorney DIXIE THOMAS WELLS on behalf of Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (WELLS, DIXIE) |
| February 4, 2008 | 10 | NOTICE by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER of Special Appearance of Jamie Gorelick. (WELLS, DIXIE) |
| February 14, 2008 | 11 | NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK D. GOTTLIEB (SPEAS, EDWIN) |
| February 14, 2008 | 12 | NOTICE of Appearance by attorney ERIC P. STEVENS on behalf of Defendant MARK D. GOTTLIEB (STEVENS, ERIC) |
| February 14, 2008 | 13 | NOTICE of Appearance by attorney REGINALD B. GILLESPIE, JR on behalf of Defendants THE CITY OF DURHAM, NORTH CAROLINA, EDWARD SARVIS (GILLESPIE, REGINALD) |
| February 22, 2008 | 14 | NOTICE of Filing of Waivers of Service of Summons by RYAN MCFADYEN , MATTHEW WILSON, and BRECK ARCHER (Attachments: # 1 Exhibit, # 2 Exhibit)(EKSTRAND, ROBERT) Modified on 2/25/2008 to edit document title within docket entry (Law, Trina). |
| February 26, 2008 | 15 | NOTICE of Appearance by attorney ROBERT JAMES KING, III on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (KING, ROBERT) |
| February 26, 2008 | 16 | NOTICE of Appearance by attorney DAN JOHNSON MCLAMB on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (MCLAMB, DAN) |
| February 26, 2008 | 17 | NOTICE by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. of Appearance as to Shirley M. Pruitt. (MCLAMB, DAN) |
| February 27, 2008 | 18 | NOTICE of Appearance by attorney KEARNS DAVIS on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK. (DAVIS, KEARNS) |
| February 29, 2008 | 19 | NOTICE of Appearance by attorney WILLIAM F. LEE on behalf of Defendant DUKE UNIVERSITY. (LEE, WILLIAM) |
| February 29, 2008 | 20 | NOTICE of Appearance by attorney JAMIE S. GORELICK on behalf of Defendant DUKE UNIVERSITY. (GORELICK, JAMIE) |
| February 29, 2008 | 21 | NOTICE of Appearance by attorney PAUL R.Q. WOLFSON on behalf of Defendant DUKE UNIVERSITY. (WOLFSON, PAUL) |
| February 29, 2008 | 22 | NOTICE of Appearance by attorney JENNIFER M. O'CONNOR on behalf of Defendant DUKE UNIVERSITY. (O'CONNOR, JENNIFER) |
| March 3, 2008 | 23 | Joint MOTION to Exceed Page Limit and to Establish a Rule 12 Briefing Schedule by RYAN MCFADYEN. Responses due by 3/26/2008. (Attachments: # 1 Text of Proposed Order)(EKSTRAND, ROBERT) |
| March 4, 2008 | 24 | NOTICE of Appearance by attorney PATRICIA P. KERNER on behalf of Defendants PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS (KERNER, PATRICIA) |
| March 6, 2008 | 25 | NOTICE of Appearance by attorney JENNIFER M. O'CONNOR on behalf of Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER (O'CONNOR, JENNIFER) |
| March 11, 2008 | 26 | NOTICE of Appearance by attorney D. MARTIN WARF on behalf of Defendants PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS (WARF, D.) |
| March 11, 2008 | 27 | NOTICE of Appearance by attorney HANNAH GRAY STYRON on behalf of Defendants PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS (STYRON, HANNAH) |
| March 11, 2008 | 28 | NOTICE by RYAN MCFADYEN of Filing of Waiver of Service of Summons (Attachments: # 1 Exhibit Waiver of Service of Summons)(EKSTRAND, ROBERT) |
| March 25, 2008 | 29 |  ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 03/25/08, granting 23 Motion to Exceed Page Limit, that the Joint Motion is GRANTED to the extent set out herein; Each of the Defendants or Defendant-groups enumerated below, as defined in the Joint Motion, shall have up to and including 50 pages to brief their respective motions to dismiss ("Motions"), and up to and including 25 pages to brief their respective reply memoranda ("Replies"): Duke University Defendants; Duke SANE Defendants; The City of Durham, NC; Durham Police Supervising Defendants; Durham Police Defendants; Edward Sarvis; Ronald Hodge; Mark Gottlieb; Benjamin W. Himan; DNA Security, Inc. and Richard Clark; and Brian Meehan. Defendants or Defendant-groups may elect to file their Motions or Replies jointly, but may not aggregate the page limits applicable to their respective Motions and Replies. Plaintiffs may file a response brief ("Response") in response to each Motion that is filed, and shall have up to and including 50 pages to brief each Response. Plaintiffs may elect to address multiple Motions in a given Response, but may not aggregate the page limits applicable to Responses. The following briefing schedule shall apply to the Motions, Responses and Replies in this matter: Motions/Answers due: April 25, 2008; Responses due: 90 days after filing of Motions; and Replies due: 30 days after filing of Responses. (Law, Trina) |
| April 15, 2008 | 30 | NOTICE of Appearance by attorney SHIRLEY MARING PRUITT on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (PRUITT, SHIRLEY) |
| April 15, 2008 | 31 | NOTICE of Appearance by attorney THOMAS CARLTON YOUNGER, III on behalf of Defendants DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (YOUNGER, THOMAS) |
| April 16, 2008 | 32 | Declaration of Proof of Service served on Linwood Wilson on April 3, 2008, filed by RYAN MCFADYEN. (Attachments: # 1 Exhibit - Return of Service)(EKSTRAND, ROBERT) |
| April 17, 2008 | 33 | First AMENDED COMPLAINT against defendant WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER, filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER.(EKSTRAND, ROBERT) Modified on 4/18/2008 to replace missing pages. (McClain, Abby). |
| April 18, 2008 | 34 | Second AMENDED COMPLAINT against defendant WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, MICHAEL B. NIFONG, PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, LINWOOD WILSON, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER, filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: # 1 Exhibit Video of Brodhead- March 28, 2006, # 2 Exhibit 2003 Agreement, # 3 Exhibit Police Jurisdiction Allocation Agreement, # 4 Exhibit Audio of Duke Police Officer's Public Speech About Duke Police Department's Jurisdictional Reach, # 5 Exhibit 203 Watts Search Warrant, # 6 Exhibit Gottlieb's Email to PAC2 and Trinity Park Listservs About 203 Watts, # 7 Exhibit Deed, # 8 Exhibit Video of Nifong at Bar Hearing- "to make everybody leave that scene very quickly", # 9 Exhibit Audio of 2nd 911 Call from Kroger, # 10 Exhibit Audio of Dispatch Communications- "She's just passed out drunk", # 11 Exhibit Audio of Kroger Security Guard Angel Altmon- "Ain't no way", # 12 Exhibit Video of Nifong at Bar Hearing- "feel a sense of duty to come forward", # 13 Exhibit Addison's Flyer Distributed During Canvasses, # 14 Exhibit "Wanted" Poster Distributed at Vigil, # 15 Exhibit Video of "Potbanger Protest", # 16 Exhibit Video of Nifong on MSNBC Talking About DNA Evidence, # 17 Exhibit Video of Brodhead Talking About McFadyen on April 5, 2006, # 18 Exhibit Video of Defense Press Conference Announcing DNA Results on April 10, 2006, # 19 Exhibit Counsel's Demand Letter, # 20 Exhibit Video of Nifong Talking About DNA Results on April 10, 2006, # 21 Exhibit Video of Nifong on MSNBC Talking About the Medical Evidence, # 22 Exhibit Video of Nifong on CBS Talking About the Medical Evidence, # 23 Exhibit Video of NCCU Forum, # 24 Exhibit Motion and Order for Sealed Indictments, # 25 Exhibit Video of Nifong at Election Forum, # 26 Exhibit Video of Brodhead Talking About the Formation of the Ad Hoc Committee and Other Moves on April 5, 2006, # 27 Exhibit Poster Promoting Farred's Lecture, # 28 Exhibit Video of Nifong at Motion to Quash Hearing)(EKSTRAND, ROBERT) |
| April 22, 2008 | 35 | MOTION for Extension of Time to File Answer by LINWOOD WILSON. (Law, Trina) |
| April 22, 2008 | 36 | NOTICE of Appearance by attorney HENRY W. SAPPENFIELD on behalf of Defendant BENJAMIN W. HIMAN. (SAPPENFIELD, HENRY) |
| April 25, 2008 | 37 | JOINT MOTION to Reestablish Deadlines in the Rule 12 Briefing Schedule by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, RYAN MCFADYEN, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., THE CITY OF DURHAM, NORTH CAROLINA, PATRICK BAKER, MATTHEW WILSON, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, EDWARD SARVIS, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS, JAMES T. SOUKUP, BRECK ARCHER, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RICHARD D. CLAYTON, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, PHD, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Responses due by 5/19/2008. (Attachments: # 1 Text of Proposed Order)(COWAN, JAMES) |
| April 30, 2008 | 38 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 04/30/08, granting 37 Joint Motion, that the Motion to reestablish deadlines in the Rule 12 briefing schedule entered on March 25, 2008, is GRANTED; The following briefing schedule shall apply to the Rule 12 Motions, Responses and Replies in this matter: Motions or Answers Due: July 2, 2008; Responses Due: no later than 90 days after the date all Defendants' Motions or Answers are filed; and Replies Due: no later than 30 days after the date Plaintiffs' Responses are filed. The Duke University Police Department and the individual Duke Police officers named as defendants in the Complaint shall be recognized as a separate Defendant-group (the "Duke Police Defendants") for purposes of the Rule 12 motion briefing and, along with the other Defendant-groups delineated in the Order dated March 25, 2008, shall have up to and including 50 pages to brief its motion to dismiss and up to and including 25 pages to brief its reply memorandum. The page limits otherwise established in the Court's ORDER entered on March 25, 2008 are retained and continue to apply to the Rule 12 briefing in this matter. (Law, Trina) |
| July 2, 2008 | 40 | MOTION to Dismiss by BRIAN MEEHAN, PHD. Responses due by 9/30/2008. (ROBERTS, JAMES) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 41 | MOTION to Dismiss by JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON. Responses due by 7/25/2008. (MAXWELL, JAMES) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 42 | Joinder in BRIEF re 40 MOTION to Dismiss filed by BRIAN MEEHAN, PHD. (ROBERTS, JAMES) |
| July 2, 2008 | 43 | MEMORANDUM re 41 MOTION to Dismiss filed by JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON. (MAXWELL, JAMES) |
| July 2, 2008 | 44 | MEMORANDUM of Law in Support of Motion to Dismiss and MOTION to Dismiss by LINWOOD WILSON. Responses due by 7/25/2008. (Law, Trina) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 45 | MOTION to Dismiss by Duke University Defendants by ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, AARON GRAVES. Responses due by 9/30/2008. (GORELICK, JAMIE) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 46 | MEMORANDUM re 45 MOTION to Dismiss by Duke University Defendants filed by ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, AARON GRAVES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(GORELICK, JAMIE) |
| July 2, 2008 | 47 | MOTION to Dismiss by Duke SANE Defendants by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. Responses due by 9/30/2008. (GORELICK, JAMIE) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 48 | MEMORANDUM re 47 MOTION to Dismiss by Duke SANE Defendants filed by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(GORELICK, JAMIE) |
| July 2, 2008 | 49 | MOTION to Dismiss by Duke Police Defendants by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, DUKE UNIVERSITY POLICE DEPARTMENT, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Responses due by 9/30/2008. (GORELICK, JAMIE) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 50 | MEMORANDUM re 49 MOTION to Dismiss by Duke Police Defendants filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, DUKE UNIVERSITY POLICE DEPARTMENT, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (Attachments: # 1 Exhibit 1)(GORELICK, JAMIE) |
| July 2, 2008 | 51 | MOTION to Dismiss by BENJAMIN W. HIMAN. Responses due by 7/25/2008. (CRAIG, JOEL) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 52 | Defendant Benjamin W. Himan's BRIEF in Support of Motion to Dismiss. (Attachments: # 1 Exhibit 1)(CRAIG, JOEL) |
| July 2, 2008 | 53 | MOTION to Dismiss by MARK D. GOTTLIEB. Responses due by 7/25/2008. (SPEAS, EDWIN) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 54 | MEMORANDUM re 53 MOTION to Dismiss filed by MARK D. GOTTLIEB. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(SPEAS, EDWIN) |
| July 2, 2008 | 55 | MOTION to Dismiss by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. Responses due by 9/30/2008. (KERNER, PATRICIA) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 56 | MEMORANDUM re 55 MOTION to Dismiss filed by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. (KERNER, PATRICIA) |
| July 2, 2008 | 57 | MOTION to Dismiss by RONALD HODGE. Responses due by 9/30/2008. (KERNER, PATRICIA) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 58 | MEMORANDUM re 57 MOTION to Dismiss filed by RONALD HODGE. (KERNER, PATRICIA) |
| July 2, 2008 | 59 | MOTION to Dismiss by DNA SECURITY, INC., RICHARD CLARK. Responses due by 7/25/2008. (KING, ROBERT) Modified on 3/30/2009 to reflect motion has been consolidated with Pldg. # 61 (Law, Trina). |
| July 2, 2008 | 60 | MEMORANDUM re 59 MOTION to Dismiss filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) |
| July 2, 2008 | 61 | MOTION to Dismiss by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 9/30/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(GILLESPIE, REGINALD) |
| July 2, 2008 | 62 | Defendant City of Durham, North Carolina's BRIEF re 61 MOTION to Dismiss Second Amended Complaint. (GILLESPIE, REGINALD) |
| July 29, 2008 | 63 | 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 12, 2008 | 64 | NOTICE of Change of Address by JAMES DONALD COWAN, JR. (COWAN, JAMES) |
| September 10, 2008 | 65 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/10/08, that Defendant Linwood Wilson's Motion [Document # 63 ] 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. (Law, Trina) |
| October 1, 2008 | 66 | MOTION for Extension of Time to File Response to Rule 12 Motions by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 11/10/2008. (Attachments: # 1 Text of Proposed Order)(EKSTRAND, ROBERT) |
| October 2, 2008 | 67 | RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum filed by THE CITY OF DURHAM, NORTH CAROLINA, JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RICHARD D. CLAYTON. Replies due by 10/20/2008. (GILLESPIE, REGINALD) |
| October 2, 2008 | 68 | RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum filed by LINWOOD WILSON. Replies due by 10/20/2008. (WILSON, LINWOOD) |
| October 3, 2008 | 69 | Consent MOTION for Extension of Time to File Response/Reply as to 38 Order on Joint Motion, Rule 12 Briefing Schedule by PATRICK BAKER, STEVEN CHALMERS, RONALD HODGE, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. Responses due by 10/6/2008. (Attachments: # 1 Text of Proposed Order)(KERNER, PATRICIA) |
| October 3, 2008 | 70 | RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply as to 54 Memorandum, 48 Memorandum, 40 MOTION to Dismiss, 47 MOTION to Dismiss by Duke SANE Defendants, 53 MOTION to Dismiss, 61 MOTION to Dismiss, 56 Memorandum, 46 Memorandum filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Replies due by 10/23/2008. (GORELICK, JAMIE) |
| October 6, 2008 | 71 | MOTION for Leave to File Opposition Briefs by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 10/29/2008. (Attachments: # 1 Brief in Support of Motion, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(EKSTRAND, ROBERT) |
| October 7, 2008 | 72 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 10/07/08, that Plaintiffs' Motion for Leave to File Plaintiffs' Opposition Briefs [Document # 71 ] is GRANTED, and Plaintiffs must re-file their Responses as separate documents on or before Friday, October 10, 2008. As a result of this determination, Plaintiffs' Motion for Extension of Time [Document # 66 ] is MOOT. FURTHER that the Consent Motion for Extension of Time to File Replies [Document # 69 ] is GRANTED, and the deadline for filing Reply Briefs for all Defendants is extended to November 26, 2008. Responses due by 10/10/2008. Replies due by 11/26/2008. (Law, Trina) |
| October 10, 2008 | 73 | MOTION to Strike 48 Memorandum, 47 MOTION to Dismiss by Duke SANE Defendants, 61 MOTION to Dismiss, 46 Memorandum, 50 Memorandum, 49 MOTION to Dismiss by Duke Police Defendants, 45 MOTION to Dismiss by Duke University Defendants OR EXCLUDE FROM CONSIDERATION ELEMENTS OF THE DEFENDANTS 12(b)(6) MOTIONS by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 11/3/2008. (Attachments: # 1 Supporting Brief)(EKSTRAND, ROBERT) |
| October 10, 2008 | 74 | RESPONSE in Opposition re 49 MOTION to Dismiss by Duke Police Defendants filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 75 | RESPONSE in Opposition re 45 MOTION to Dismiss by Duke University Defendants filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 76 | RESPONSE in Opposition re 47 MOTION to Dismiss by Duke SANE Defendants filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 77 | RESPONSE in Opposition re 61 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 78 | RESPONSE in Opposition re 55 MOTION to Dismiss, 57 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 79 | RESPONSE in Opposition re 59 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 80 | RESPONSE in Opposition 51 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 81 | RESPONSE in Opposition re 53 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 10, 2008 | 82 | RESPONSE in Opposition re 41 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 11, 2008 | 83 | RESPONSE in Opposition re 44 MOTION to Dismiss filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 11/26/2008. (EKSTRAND, ROBERT) |
| October 17, 2008 | 84 | NOTICE of Change of Address by EDWIN M. SPEAS, JR. (SPEAS, EDWIN) |
| October 17, 2008 | 85 | NOTICE of Change of Address by ERIC P. STEVENS. (STEVENS, ERIC) |
| October 22, 2008 | 86 | MOTION for Partial Summary Judgment (Governmental Immunity) by THE CITY OF DURHAM, NORTH CAROLINA. Responses due by 11/24/2008. (GILLESPIE, REGINALD) |
| October 22, 2008 | 87 | AFFIDAVIT of Darwin Laws re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(GILLESPIE, REGINALD) |
| October 22, 2008 | 88 | BRIEF re 87 Affidavit, 86 MOTION for Partial Summary Judgment (Governmental Immunity) by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| October 24, 2008 | 89 | CERTIFICATE OF SERVICE by THE CITY OF DURHAM, NORTH CAROLINA re 87 Affidavit of Darwin Laws and Exhibits 1, 2, and 3. (GILLESPIE, REGINALD) |
| October 24, 2008 | 90 | RESPONSE to Plaintiffs' "Request" For Leave to Conduct 26(f) Discovery Conference by DNA SECURITY, INC., RICHARD CLARK. Replies due by 11/10/2008. (KING, ROBERT) |
| November 3, 2008 | 91 | RESPONSE in Opposition re 73 MOTION to Strike filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. Replies due by 11/21/2008. (GORELICK, JAMIE) |
| November 3, 2008 | 92 | RESPONSE in Opposition re 73 MOTION to Strike filed by THE CITY OF DURHAM, NORTH CAROLINA. Replies due by 11/21/2008. (GILLESPIE, REGINALD) |
| November 10, 2008 | 93 | RESPONSE re 90 Response to Plaintiffs' "Request" For Leave by DNA SECURITY, INC., RICHARD CLARK filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT) |
| November 21, 2008 | 94 | REPLY to Response to 73 MOTION to Strike 48 Memorandum, 47 MOTION to Dismiss by Duke SANE Defendants, 61 MOTION to Dismiss, 46 Memorandum, 50 Memorandum, 49 MOTION to Dismiss by Duke Police Defendants, 45 MOTION to Dismiss by Duke University De MOTION to Strike 48 Memorandum, 47 MOTION to Dismiss by Duke SANE Defendants, 61 MOTION to Dismiss, 46 Memorandum, 50 Memorandum, 49 MOTION to Dismiss by Duke Police Defendants, 45 MOTION to Dismiss by Duke University filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT) |
| November 24, 2008 | 95 | REPLY to Response to 41 MOTION to Dismiss filed by JAMES T. SOUKUP, KAMMIE MICHAEL, DAVID W. ADDISON, RICHARD D. CLAYTON. (MAXWELL, JAMES) |
| November 24, 2008 | 96 | RESPONSE in Opposition re 88 Brief, 87 Affidavit, 89 Certificate of Service, 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 12/12/2008. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(EKSTRAND, ROBERT) |
| November 25, 2008 | 97 | REPLY to Response to 45 MOTION to Dismiss by Duke University Defendants filed by ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, AARON GRAVES. (GORELICK, JAMIE) |
| November 25, 2008 | 98 | REPLY to Response to 47 MOTION to Dismiss filed by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (GORELICK, JAMIE) |
| November 25, 2008 | 99 | REPLY to Response to 49 MOTION to Dismiss by Duke Police Defendants filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, DUKE UNIVERSITY POLICE DEPARTMENT, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (GORELICK, JAMIE) |
| November 25, 2008 | 100 | REPLY to Response to 59 MOTION to Dismiss filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) |
| November 25, 2008 | 101 | REPLY to Response to 44 MOTION to Dismiss filed by LINWOOD WILSON. (WILSON, LINWOOD) |
| November 26, 2008 | 102 | REPLY to Response to 57 MOTION to Dismiss filed by RONALD HODGE. (KERNER, PATRICIA) |
| November 26, 2008 | 103 | NOTICE of Appearance by attorney PAUL R. DICKINSON, JR on behalf of Defendant BRIAN MEEHAN, PHD. (DICKINSON, PAUL) |
| November 26, 2008 | 104 | REPLY to Response to 40 MOTION to Dismiss filed by BRIAN MEEHAN, PHD. (DICKINSON, PAUL) |
| November 26, 2008 | 105 | REPLY to Response to 55 MOTION to Dismiss filed by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. (KERNER, PATRICIA) |
| November 26, 2008 | 106 | REPLY to Response to 53 MOTION to Dismiss, 51 MOTION to Dismiss filed by Defendants BENJAMIN W. HIMAN, MARK GOTTLIEB. (CRAIG, JOEL) |
| November 26, 2008 | 107 | REPLY to Response to 61 MOTION to Dismiss filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| December 12, 2008 | 108 | AFFIDAVIT of Amy M. Delorenze re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD) |
| December 12, 2008 | 109 | AFFIDAVIT of J. Steven Lee re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD) |
| December 12, 2008 | 110 | AFFIDAVIT of Arche L. McAdoo re 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD) |
| December 12, 2008 | 111 | REPLY to Response to 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| December 14, 2008 | 112 | CERTIFICATE OF SERVICE re 109 Affidavit, 110 Affidavit, 108 Affidavit by THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
| January 26, 2009 | 113 | NOTICE of Change of Address by JAMES DONALD COWAN, JR. (COWAN, JAMES) |
| February 25, 2009 | 114 | Suggestion of Subsequently Decided Authority re 86 MOTION for Partial Summary Judgment (Governmental Immunity), 96 Response in Opposition to Motion by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: # 1 Fulford v. Jenkins Slip Opinion, # 2 Policy at Issue in Fulford v. Jenkins, et al)(EKSTRAND, ROBERT) |
| February 27, 2009 | 115 | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant MARK D. GOTTLIEB. DAVID WILLIAM LONG is substituted as counsel for Defendant. Attorney EDWIN M. SPEAS, JR terminated. (LONG, DAVID) |
| March 22, 2009 | 116 | SUPPLEMENT re 86 MOTION for Partial Summary Judgment (Governmental Immunity) by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(GILLESPIE, REGINALD) |
| March 30, 2009 | 117 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 03/30/09, that for administrative purposes, the various Motions to Dismiss [Doc. # 40 , # 41 , # 44 , # 45 , # 47 , # 49 , # 51 , # 53 , # 55 , # 57 , # 59 , # 61 are CONSOLIDATED into a single Motion to Dismiss [designated as Doc. # 61 ] for further review and consideration by the Court. (Law, Trina) |
| May 27, 2009 | 118 | Suggestion of Subsequently Decided Authority Supplementing Motions to Dismiss by Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (Attachments: # 1 Exhibit 1)(GORELICK, JAMIE) |
| June 4, 2009 | 119 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 06/04/09, 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. (Law, Trina) |
| June 24, 2009 | 120 | Joint Supplemental BRIEF re 48 Memorandum, 97 Reply to Response to Motion, 46 Memorandum, 50 Memorandum, 98 Reply to Response to Motion, 99 Reply to Response to Motion, by Defendants WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER filed by WILLIAM F. GARBER, II, JAMES SCHWAB, JOSEPH FLEMING, JEFFREY O. BEST, GARY N. SMITH, GREG STOTSENBERG, ROBERT K. STEEL, RICHARD H. BRODHEAD, PHD, PETER LANGE, PHD, TALLMAN TRASK, III, PHD, JOHN BURNESS, LARRY MONETA, ED.D., DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N., DUKE UNIVERSITY, VICTOR J. DZAU, M.D., ALLISON HALTON, KEMEL DAWKINS, SUZANNE WASIOLEK, STEPHEN BRYAN, MATTHEW DRUMMOND, DUKE UNIVERSITY POLICE DEPARTMENT, AARON GRAVES, ROBERT DEAN, LEILA HUMPHRIES, PHYLLIS COOPER. (GORELICK, JAMIE) |
| June 24, 2009 | 121 | Supplemental BRIEF re 100 Reply to Response to Motion, 60 Memorandum by Defendants DNA SECURITY, INC., RICHARD CLARK by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) |
| June 24, 2009 | 122 | Supplemental BRIEF re 102 Reply to Response to Motion, 56 Memorandum, 58 Memorandum, 43 Memorandum, 105 Reply to Response to Motion, 95 Reply to Response to Motion filed by PATRICK BAKER, STEVEN CHALMERS, LEE RUSS, STEPHEN MIHAICH, BEVERLY COUNCIL, JEFF LAMB, MICHAEL RIPBERGER, LAIRD EVANS. (KERNER, PATRICIA) |
| June 24, 2009 | 123 | Supplemental BRIEF re 54 Memorandum, 61 MOTION to Dismiss, 62 Brief, 52 Brief by Defendants THE CITY OF DURHAM, NORTH CAROLINA, MARK D. GOTTLIEB, BENJAMIN W. HIMAN. (GILLESPIE, REGINALD) |
| June 24, 2009 | 124 | Supplemental BRIEF In Support Of Linwood Wilson's Motion To Dismiss 44 by Defendant LINWOOD WILSON filed by LINWOOD WILSON. (WILSON, LINWOOD) |
| June 24, 2009 | 125 | REPLY to Response to 40 MOTION to Dismiss Defendant Brian Meehan's Joinder in Defendants DNA Security, Inc. and Richard Clark's Supplemental Brief in Support of Motion to Dismiss filed by BRIAN MEEHAN, PHD. (ROBERTS, JAMES) |
| June 29, 2009 | 126 | REQUEST for Clarification of the Court's June 4, 2009 Order re 119 Order by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: # 1 Exhibit Proposed Order)(EKSTRAND, ROBERT) |
| July 10, 2009 | 127 | NOTICE of Withdrawal re 126 Request for Clarification of the Court's June 4, 2009, Order and Alternative Motion to Enlarge the Number of Pages or Briefs by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT) |
| July 10, 2009 | 128 | ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 7/10/2009, re 126 MOTION entitled "REQUEST"; that within 20 days after Defendants' Supplemental Briefs are filed, Plaintiffs may file one consolidated Response Brief, not to exceed 40 pages, responding to the issues raised in the Defendants' Supplemental Briefs [Doc. # 120 - # 125 ]. In all other respects, Plaintiffs' Motion is denied. (Lloyd, Donna) |
| July 14, 2009 | 129 | Response BRIEF re 128 Order Requesting Supplemental Briefs by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (EKSTRAND, ROBERT) |
| November 11, 2009 | 130 | MOTION for Leave to Amend the Pleadings by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Responses due by 12/4/2009. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Proposed Order)(EKSTRAND, ROBERT) |
| December 4, 2009 | 131 | RESPONSE in Opposition re 130 MOTION for Leave to Amend the Pleadings filed by THE CITY OF DURHAM, NORTH CAROLINA. Replies due by 12/21/2009. (Attachments: # 1 Text of Proposed Order including Alternate Versions)(GILLESPIE, REGINALD) |
| December 4, 2009 | 132 | RESPONSE in Opposition re 130 MOTION for Leave to Amend the Pleadings filed by THERESA ARICO, R.N., JEFFREY O. BEST, RICHARD H. BRODHEAD, PHD, STEPHEN BRYAN, JOHN BURNESS, PHYLLIS COOPER, KEMEL DAWKINS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEMS, INC., DUKE UNIVERSITY POLICE DEPARTMENT, VICTOR J. DZAU, M.D., JOSEPH FLEMING, WILLIAM F. GARBER, II, AARON GRAVES, ALLISON HALTON, LEILA HUMPHRIES, PETER LANGE, PHD, TARA LEVICY, R.N., JULIE MANLY, M.D., LARRY MONETA, ED.D., PRIVATE DIAGNOSTIC CLINIC, PLLC, JAMES SCHWAB, GARY N. SMITH, ROBERT K. STEEL, GREG STOTSENBERG, TALLMAN TRASK, III, PHD, SUZANNE WASIOLEK. Replies due by 12/21/2009. (GORELICK, JAMIE) |
| December 21, 2009 | 133 | REPLY to Response to 130 MOTION for Leave to Amend the Pleadings filed by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT) |
| January 7, 2010 | 134 | Suggestion of Subsequently Decided Authority re 61 MOTION to Dismiss by Defendants DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, RICHARD D. CLAYTON, BEVERLY COUNCIL, LAIRD EVANS, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, KAMMIE MICHAEL, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS, JAMES T. SOUKUP, THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD) |
