Case: United States v. Johnson

United States of America v. Alamance County

[Alamance County Sheriff's Office]

No Court

United States v. Alamance County, North Carolina

United States v. Alamance County, North Carolina

United States' Investigation of Alamance County Sheriff's Office

No Court

United States' Investigation of Alamance County Sheriff's Office

No Court

United States v. Alamance County, North Carolina

[Alamance County Sheriff's Office]

No Court

United States' Investigation of Alamance County Sheriff's Office

No Court

Tessa Bialek

Attorney General Merrick Garland and Assoc. AG Vanita Gupta

COMPLAINT against TERRY S. JOHNSON, filed by UNITED STATES OF AMERICA. (TREPEL, SAMANTHA) (Entered: 12/20/2012)

Summons Issued as to TERRY S. JOHNSON. (Garland, Leah) (Entered: 12/21/2012)

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Garland, Leah) (Entered: 12/21/2012)

NOTICE of Appearance by attorney S. C. KITCHEN on behalf of Defendant TERRY S. JOHNSON (KITCHEN, S.) (Entered: 01/02/2013)

Declaration of Proof of Service served on Terry S. Johnson on January 2, 2013, filed by UNITED STATES OF AMERICA. (TREPEL, SAMANTHA) (Entered: 01/09/2013)

ANSWER to 1 Complaint by TERRY S. JOHNSON. (KITCHEN, S.) (Entered: 01/15/2013)

NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 2/21/2013 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) (Entered: 01/15/2013)

Rule 26(f) Report (Joint) filed by all parties by UNITED STATES OF AMERICA.(TREPEL, SAMANTHA) (Entered: 01/30/2013)

Motions Referred: RE: 8 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)

ORDER APPROVING JOINT RULE 26(f) REPORT signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/5/13, that the parties' Joint Rule 26(f) Report [Doc. # 8 ] is approved as submitted and as noted herein. Plaintiff's Amended Pleadings due by 3/7/2013. Defendant's Amended Pleadings due by 3/7/2013. Discovery due by 12/20/2013. Joinder of Parties for Plaintiff due by 3/7/2013. Joinder of Parties for Defendant due by 3/7/2013. Discovery shall be placed on a case-management track established as: Exceptional. Should the parties agree to conduct mediation, they shall select a mediator according to the process described in the Local Rules. The parties do not consent to referral to a Magistrate Judge. Trial of the action is expected to take approximately 15 days. Neither party has demanded a jury trial. (Law, Trina) (Entered: 02/05/2013)

MOTION for Judgment on the Pleadings by TERRY S. JOHNSON. Responses due by 3/13/2013 (KITCHEN, S.) (Entered: 02/20/2013)

BRIEF re 10 MOTION for Judgment on the Pleadings by TERRY S. JOHNSON. (Attachments: # 1 Exhibit Amended Complaint from prior case, # 2 Exhibit Motion to Dismiss from prior case, # 3 Exhibit DOJ Letter, # 4 Exhibit Order in prior case)(KITCHEN, S.) (Entered: 02/20/2013)

1 Exhibit Amended Complaint from prior case

View on PACER

2 Exhibit Motion to Dismiss from prior case

View on PACER

3 Exhibit DOJ Letter

View on PACER

4 Exhibit Order in prior case

View on PACER

MAG/JUDGE JOE L. WEBSTER added as referral judge. MAG/JUDGE JOI ELIZABETH PEAKE no longer assigned to case. (Powell, Gloria)

STIPULATION Regarding Discovery by UNITED STATES OF AMERICA. (TREPEL, SAMANTHA) (Entered: 03/12/2013)

RESPONSE entitled "MEMORANDUM IN OPPOSITION TO DEFENDANT'S 10 MOTION FOR JUDGMENT ON THE PLEADINGS" filed by UNITED STATES OF AMERICA. Replies due by 4/1/2013. (TREPEL, SAMANTHA) Modified on 3/14/2013 to edit text. (Lloyd, Donna) (Entered: 03/13/2013)

NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 12 Stipulation: Document must be filed as a Motion for Stipulation and Order Regarding Discovery. Please refile document as a motion. (Lloyd, Donna)

JOINT MOTION for Order Regarding Discovery by UNITED STATES OF AMERICA. (Attachments: # 1 Stipulation Regarding Discovery) (TREPEL, SAMANTHA) (Entered: 03/15/2013)

1 Stipulation Regarding Discovery

View on PACER

ELECTRONIC NOTICE to Samantha Trepel, Esq re 14 JOINT MOTIONfor Order Regarding Discovery. Counsel is requested to submit the Stipulation in an editable format compatible with WordPerfect to jschroeder@ncmd.uscourts.gov. (Solomon, Dianne)

Motions Referred: RE: 14 JOINT MOTIONfor Order Regarding Discovery, to MAG/JUDGE JOE L. WEBSTER (Solomon, Dianne)

REPLY BRIEF IN SUPPORT OF 10 MOTION FOR JUDGMENT ON THE PLEADINGS filed by TERRY S. JOHNSON. (KITCHEN, S.) Modified on 3/21/2013 to edit text. (Lloyd, Donna) (Entered: 03/19/2013)

STIPULATION AND ORDER REGARDING DISCOVERY as set out herein signed by MAG/JUDGE JOE L. WEBSTER on 03/25/2013. Re 14 Joint Motion for Order Regarding Discovery (Taylor, Abby) (Entered: 03/25/2013)

Motions Submitted: 10 MOTION for Judgment on the Pleadings to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne)

Joint MOTION for Protective Order by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(TREPEL, SAMANTHA) (Entered: 04/19/2013)

1 Proposed Order

View on PACER

Motions Referred: RE: 17 Joint MOTION for Protective Order, to MAG/JUDGE JOE L. WEBSTER (Solomon, Dianne)

JOINT CONFIDENTIALITY AND PROTECTIVE ORDER signed by MAG/JUDGE JOE L. WEBSTER on 4/23/2013, re: Confidential information, as set out herein. (Lloyd, Donna) (Entered: 04/23/2013)

MEMORANDUM ORDER signed by JUDGE THOMAS D. SCHROEDER on 4/29/2013, that for the reasons set forth above, Johnson's motion for judgment on the pleadings (Doc. 10 ) is DENIED. (Lloyd, Donna) (Entered: 04/29/2013)

JOINT MOTION for a Court Order by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (TREPEL, SAMANTHA) (Entered: 05/07/2013)

1 Text of Proposed Order

View on PACER

Motions Referred: RE: 20 JOINT MOTION for a Court Order, to MAG/JUDGE JOE L. WEBSTER. (Solomon, Dianne)

ORDER signed by MAG/JUDGE JOE L. WEBSTER on 5/8/2013, granting 20 Joint Motion for a Court Order; that the Defendant provide the information requested by the United States in Requests 26 and 27 of its First Request for Production. (Lloyd, Donna) (Entered: 05/08/2013)

NOTICE of Hearing: Bench Trial set for 7/7/2014 09:30 AM in Unassigned Courtroom before UNASSIGNED. Trial Briefs, etc. due 6/16/2014.(Solomon, Dianne) (Entered: 05/13/2013)

MOTION to Compel Discovery by TERRY S. JOHNSON. Responses due by 6/24/2013. (Attachments: # 1 Exhibit - Interrogatories) (KITCHEN, S.) Modified on 6/4/2013 to edit text. (Lloyd, Donna) (Entered: 05/31/2013)

1 Exhibit Interrogatories

View on PACER

SEALED Attachments to 23 MOTION to Compel Discovery. (Attachments: # 1 Supplemental Response) (KITCHEN, S.) Modified on 6/4/2013 to edit text. (Lloyd, Donna) (Entered: 05/31/2013)

DEFENDANT'S BRIEF IN SUPPORT OF 23 MOTION to Compel Discovery. (KITCHEN, S.) (Entered: 05/31/2013)

MOTION for Extension of Time to File Response/Reply as to 25 Brief by UNITED STATES OF AMERICA. (TREPEL, SAMANTHA) (Entered: 06/24/2013)

ELECTRONIC NOTICE to Samantha Trepel, Esq. re 26 MOTION for Extension of Time to File Response/Reply as to 25 Brief . Counsel is reminded to submit a Proposed Order in an editable format compatible with WordPerfect to jschroeder@ncmd.uscourts.gov. (Solomon, Dianne)

Motions Submitted: 26 MOTION for Extension of Time to File Response/Reply as to 25 Brief to MAG/JUDGE JOE L. WEBSTER- (Solomon, Dianne)

ORDER signed by MAG/JUDGE JOE L. WEBSTER on 6/25/2013, that the United States of America shall submit its response to Defendant's Motion to Compel no later than July 1, 2013. Responses due by 7/1/2013. (Lloyd, Donna) (Entered: 06/25/2013)

MOTION to Seal by UNITED STATES OF AMERICA. Responses due by 7/25/2013 (Attachments: # 1 Exhibit U.S. Opposition to Def's Motion to Compel, # 2 Exhibit Exhibit A to U.S. Opposition, # 3 Exhibit Exhibit C to U.S. Opposition, # 4 Exhibit Exhibit E to U.S. Opposition)(SONGER, MICHAEL) (Entered: 07/01/2013)

1 Exhibit U.S. Opposition to Def's Motion to Compel

View on RECAP

2 Exhibit Exhibit A to U.S. Opposition

View on PACER

3 Exhibit Exhibit C to U.S. Opposition

View on PACER

4 Exhibit Exhibit E to U.S. Opposition

View on PACER

RESPONSE entitled "MEMORANDUM IN OPPOSITION TO DEFENDANT'S 23 MOTION TO COMPEL" filed by UNITED STATES OF AMERICA. Replies due by 7/18/2013. (Attachments: # 1 Exhibit A - Declaration of Gregory Friel, # 2 Exhibit C - Def's interrogatories, # 3 Exhibit E - U.S. Supp Response to Interrogatories, # 4 Exhibit - In re Kleberg, # 5 Exhibit - U.S. v. Lakin, # 6 Exhibit - U.S. v. Bond) (SONGER, MICHAEL) Modified on 7/3/2013 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 07/01/2013)

1 Exhibit A - Declaration of Gregory Friel

View on PACER

2 Exhibit C - Def's interrogatories

View on PACER

3 Exhibit E - U.S. Supp Response to Interrogatories

View on PACER

4 Exhibit - In re Kleberg

View on PACER

5 Exhibit - U.S. v. Lakin

View on PACER

6 Exhibit - U.S. v. Bond

View on PACER

REPLY BRIEF to 29 RESPONSE to 23 MOTION to Compel filed by TERRY S. JOHNSON. (KITCHEN, S.) Modified on 7/8/2013 to remove duplicate text. (Lloyd, Donna) (Entered: 07/03/2013)

Motions Referred: RE: 28 MOTION to Seal, 23 MOTION to Compel, to MAG/JUDGE JOE L. WEBSTER (Solomon, Dianne)

Joint MOTION to Modify 9 Rule 26f (Joint) by UNITED STATES OF AMERICA. Responses due by 8/12/2013. (SONGER, MICHAEL) (Entered: 07/19/2013)

Motions Referred: RE: 31 Joint MOTION to Modify 9 Rule 26f (Joint) to MAG/JUDGE JOE L. WEBSTER. (Solomon, Dianne)

ORDER signed by MAG/JUDGE JOE L. WEBSTER on 7/22/2013, granting 31 Motion to Modify Rule 26f (Joint) as set out. Completion of general discovery period: October 4, 2013; Simultaneous submission of expert reports: November 8, 2013; Submission of rebuttal expert reports: December 20, 2013; Depositions of expert witnesses: December 20, 2013 - January 24, 2013; Completion of expert discovery period: January 24, 2014. (Lloyd, Donna) (Entered: 07/23/2013)

Reset Discovery Deadline: Discovery due by 1/24/2014. (Lloyd, Donna)

ORDER signed by MAG/JUDGE JOE L. WEBSTER on 7/30/2013, granting 28 Motion to Seal; that the Court hereby grants the United States' motion to file Exhibits B and D under seal and to file a redacted version of its Response in Opposition. The Clerk of Court is directed to file the exhibits in accordance with this order. (Lloyd, Donna) (Entered: 07/30/2013)

ORDER signed by MAG/JUDGE JOE L. WEBSTER on 7/30/2013, that Defendant's Motion to Compel (Docket Entry 23 ) be GRANTED. Within twenty-one (21) days of the entry of this Order, Plaintiff shall provide full and complete responses to Defendant's Interrogatories No. 14, 15 and 16. Pursuant to the Joint Confidentiality and Protective Order in place, all confidential information shall be filed under seal. (Lloyd, Donna) (Entered: 07/30/2013)

MOTION to Seal by UNITED STATES OF AMERICA. Responses due by 9/6/2013 (Attachments: # 1 Exhibit Motion for Reconsideration, # 2 Exhibit Exhibit C to Motion for Reconsideration)(SONGER, MICHAEL) (Entered: 08/13/2013)

1 Exhibit Motion for Reconsideration

View on PACER

2 Exhibit Exhibit C to Motion for Reconsideration

View on PACER

MOTION FOR RECONSIDERATION OF THE MAGISTRATE'S ORDER (doc. 34 ) TO DISCLOSE CONFIDENTIAL INFORMANTS by UNITED STATES OF AMERICA. Responses due by 9/6/2013. (Attachments: # 1 Exhibit C - Def's First Interrogatories) (SONGER, MICHAEL) Modified on 9/4/2013 to edit text. (Lloyd, Donna) (Entered: 08/13/2013)

1 Exhibit C - Def's First Interrogatories

View on PACER

MOTION to Stay by UNITED STATES OF AMERICA. Responses due by 9/9/2013. (Attachments: # 1 Exhibit - Motion for Reconsideration) (SONGER, MICHAEL) (Entered: 08/14/2013)

1 Exhibit Motion for Reconsideration

View on PACER

RESPONSE IN OPPOSITION to 36 MOTION FOR RECONSIDERATION OF THE MAGISTRATE'S ORDER (doc. 34 ) TO DISCLOSE CONFIDENTIAL INFORMANTS filed by TERRY S. JOHNSON. Replies due by 9/17/2013. (KITCHEN, S.) Modified on 9/4/2013 to add text. (Lloyd, Donna) (Entered: 09/03/2013)

SEALED EXHIBITS to 38 RESPONSE IN OPPOSITION to 36 MOTION FOR RECONSIDERATION OF THE MAGISTRATE'S ORDER (doc. 34 ) TO DISCLOSE CONFIDENTIAL INFORMANTS by TERRY S. JOHNSON. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Cert. of Service) (KITCHEN, S.) Modified on 9/4/2013 to add text. (Lloyd, Donna) (Entered: 09/03/2013)

NOTICE of Appearance by attorney C AMANDA MARTIN on behalf of Movant Boney Publishers, Inc. (MARTIN, C) (Entered: 09/04/2013)

MOTION to Intervene by Boney Publishers, Inc. Responses due by 9/30/2013. (MARTIN, C) (Additional attachment(s) added on 9/4/2013: # 1 Text of Proposed Order) (Israel, Lisa). (Entered: 09/04/2013)

1 Text of Proposed Order

View on PACER

MEMORANDUM IN SUPPORT OF 41 MOTION to Intervene entitled "MEMORANDUM IN SUPPORT OF ACCESS TO PUBLIC RECORDS AND JUDICIAL RECORDS" filed by Boney Publishers, Inc. (Attachments: # 1 Appendix) (MARTIN, C) Modified on 9/5/2013 to edit text. (Lloyd, Donna) (Entered: 09/04/2013)

1 Appendix

View on PACER

RESPONSE in Opposition re 37 MOTION to Stay filed by TERRY S. JOHNSON. Replies due by 9/23/2013. (KITCHEN, S.) (Entered: 09/08/2013)

NOTICE OF SUBSTITUTION OF COUNSEL by UNITED STATES OF AMERICA. (SONGER, MICHAEL) Modified on 9/9/2013 to edit text. (Lloyd, Donna) (Entered: 09/08/2013)

Reset Reply Deadline to 43 RESPONSE in Opposition to 37 MOTION to Stay: Replies due by 9/25/2013. (Lloyd, Donna) Modified on 9/9/2013 to add text. (Lloyd, Donna)

AMENDED CERTIFICATE OF SERVICE TO 44 NOTICE OF SUBSTITUTION OF COUNSEL by UNITED STATES OF AMERICA. (SONGER, MICHAEL) Modified on 9/13/2013 to edit text. (Lloyd, Donna) (Entered: 09/12/2013)

*** WITHDRAWN *** MOTION for Sanctions by TERRY S. JOHNSON. Responses due by 10/10/2013. (KITCHEN, S.) Modified on 11/14/2013 - See 67 Order for Court's ruling. (Lloyd, Donna) (Entered: 09/15/2013)

BRIEF IN SUPPORT OF 46 MOTION for Sanctions. (KITCHEN, S.) (Entered: 09/15/2013)

NOTICE of Appearance by attorney AARON S. FLEISHER on behalf of Plaintiff UNITED STATES OF AMERICA (FLEISHER, AARON) (Entered: 09/17/2013)

MOTION to Seal by UNITED STATES OF AMERICA. Responses due by 10/11/2013 (Attachments: # 1 Exhibit Reply in Support of Motion for Reconsideration)(SONGER, MICHAEL) (Entered: 09/17/2013)

1 Exhibit Reply in Support of Motion for Reconsideration

View on PACER

REPLY to 38 RESPONSE to 36 MOTION for Reconsideration re 34 Order on Motion to Compel filed by UNITED STATES OF AMERICA. (SONGER, MICHAEL) Modified on 9/20/2013 to edit text. (Lloyd, Donna) (Entered: 09/17/2013)

REPLY to 43 RESPONSE to 37 MOTION TO STAY THE MAGISTRATE'S JULY 30, 2013 ORDER filed by UNITED STATES OF AMERICA. (SONGER, MICHAEL) Modified on 9/25/2013 to edit text. (Lloyd, Donna) (Entered: 09/24/2013)

Motions Submitted: 35 MOTION to Seal, 37 MOTION to Stay, 36 MOTION for Reconsideration re 34 Order on Motion to Compel, to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne)

RESPONSE re 41 MOTION to Intervene filed by UNITED STATES OF AMERICA. Replies due by 10/18/2013. (SONGER, MICHAEL) (Entered: 09/30/2013)

RESPONSE in Opposition re 49 MOTION to Seal filed by TERRY S. JOHNSON. Replies due by 10/25/2013. (Attachments: # 1 Affidavit Declaration of Albright, # 2 Exhibit A -- News Story, # 3 Exhibit D -- Newspaper Article on e-mails, # 4 Supplement Allergan v Apotex)(KITCHEN, S.) (Entered: 10/08/2013)

1 Affidavit Declaration of Albright

View on RECAP

2 Exhibit A -- News Story

View on RECAP

3 Exhibit D -- Newspaper Article on e-mails

View on RECAP

4 Supplement Allergan v Apotex

View on PACER

SEALED EXHIBITS re 49 MOTION to Seal by Defendant TERRY S. JOHNSON, Plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit C -- Public Records Letter)(KITCHEN, S.) (Entered: 10/08/2013)

CERTIFICATE re 54 SEALED Exhibits by Defendant TERRY S. JOHNSON. (KITCHEN, S.) (Entered: 10/09/2013)

MOTION to Seal Four Exhibits to United States' Opposition to Defendant's Motion for Sanctions by UNITED STATES OF AMERICA. Responses due by 11/4/2013. (Attachments: # 1 Exhibit - Opposition to Motion for Sanctions, # 2 Exhibit B to Opposition to Motion for Sanctions) (SONGER, MICHAEL) Modified on 10/10/2013 to edit text. (Lloyd, Donna) (Entered: 10/09/2013)

1 Exhibit - Opposition to Motion for Sanctions

View on PACER

2 Exhibit B to Opposition to Motion for Sanctions

View on PACER

RESPONSE in Opposition to 46 MOTION for Sanctions [Redacted] filed by UNITED STATES OF AMERICA. Replies due by 10/28/2013. (Attachments: # 1 Exhibit B) (SONGER, MICHAEL) Modified on 10/10/2013 to edit text. (Lloyd, Donna) (Entered: 10/09/2013)

1 Exhibit B

View on PACER

ORDER signed by JUDGE THOMAS D. SCHROEDER on 10/10/2013, that the motion to stay is GRANTED to allow sufficient time for the court to consider the merits of the Motion for Reconsideration (Doc. 36 ) filed by the United States. (Daniel, J) (Entered: 10/10/2013)

REPLY to 52 RESPONSE to 41 MOTION to Intervene filed by BONEY PUBLISHERS, INC. (MARTIN, C) Modified on 10/17/2013 to edit text. (Lloyd, Donna) (Entered: 10/16/2013)

Motions Submitted: 41 MOTION to Intervene to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne)

NOTICE of Hearing: Motion Hearing set for 11/8/2013 02:00 PM in Winston-Salem Courtroom #2 before JUDGE THOMAS D. SCHROEDER. (Solomon, Dianne) (Entered: 10/18/2013)

Set/Reset Deadlines/Hearings: Motion Hearing set for 11/8/2013 02:00 PM in Winston-Salem Courtroom #2 before JUDGE THOMAS D. SCHROEDER. (Solomon, Dianne)

MOTION FOR ORDER TO SHOW CAUSE by TERRY S. JOHNSON. Responses due by 11/15/2013. (Attachments: # 1 Exhibit A - Subpoena, # 2 Exhibit B - Transcript) (KITCHEN, S.) (Entered: 10/21/2013)

1 Exhibit A - Subpoena

View on PACER

2 Exhibit B - Transcript

View on PACER

BRIEF IN SUPPORT OF 61 MOTION FOR ORDER TO SHOW CAUSE by TERRY S. JOHNSON. (Attachments: # 1 Appendix - Dunkin Donuts v. Three Rivers Entertainment) (KITCHEN, S.) Modified on 10/22/2013 to edit text. (Lloyd, Donna) (Entered: 10/21/2013)

1 Appendix - Dunkin Donuts v. Three Rivers Entertainment

View on PACER

MOTION to Seal by UNITED STATES OF AMERICA. Responses due by 11/18/2013 (Attachments: # 1 Exhibit U.S. Reply in Support of Motion to Seal)(SONGER, MICHAEL) (Entered: 10/25/2013)

1 Exhibit U.S. Reply in Support of Motion to Seal

View on PACER

REPLY to 53 RESPONSE to 49 MOTION to Seal filed by UNITED STATES OF AMERICA. (SONGER, MICHAEL) Modified on 10/29/2013 to edit text. (Lloyd, Donna) (Entered: 10/25/2013)

RESPONSE in Opposition re 63 MOTION to Seal filed by TERRY S. JOHNSON. Replies due by 11/15/2013. (KITCHEN, S.) (Entered: 10/28/2013)

Motions Submitted: 49 MOTION to Seal, 46 MOTION for Sanctions to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne)

Joint MOTION TO MODIFY EXPERT DISCLOSURE DEADLINES by UNITED STATES OF AMERICA. Responses due by 11/29/2013. (SONGER, MICHAEL) (Entered: 11/05/2013)

Motions Submitted: 63 MOTION to Seal, 49 MOTION to Seal, 56 MOTION to Seal United States' Opposition to Defendant's Motion for Sanctions, 66 Joint MOTION to Modify Expert Disclosure Schedule to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne)

Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Motion Hearing held on 11/8/2013 re 63 MOTION to Seal filed by UNITED STATES OF AMERICA, 35 MOTION to Seal filed by UNITED STATES OF AMERICA, 56 MOTION to Seal United States' Opposition to Defendant's Motion for Sanctions filed by UNITED STATES OF AMERICA, 46 MOTION for Sanctions filed by TERRY S. JOHNSON, 36 MOTION for Reconsideration re 34 Order on Motion to Compel, filed by UNITED STATES OF AMERICA, 41 MOTION to Intervene filed by BONEY PUBLISHERS, INC., 49 MOTION to Seal filed by UNITED STATES OF AMERICA, 61 MOTION for Order to Show Cause filed by TERRY S. JOHNSON. Michael Songer, Esq. appeared on behalf of the Government, S. C. Kitchen, Esq. and C. Amanda Martin, Esq. appeared for Boney Publishers, Inc. The court heard from the parties on the various motions; written order to follow. (Court Reporter Nesbit.) (Solomon, Dianne)

ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/14/2013. On November 8, 2013, the court heard argument on several motions filed by the parties. The purpose of this Order is to memorialize the court's rulings during the hearing. During the hearing, the parties reached agreement on the Government's motion for reconsideration (Doc. 36 ) of the Magistrate Judge's ruling on discovery (Doc. 34 ) as set out herein; that given the resolution of the motion for reconsideration (Doc. 36 ), the court need not consider the motions to seal (Docs. 35, 49, 56, and 63 ) insofar as none of those materials was necessary, and the motions and documents are deemed withdrawn upon the request of the filing party. The materials subject to the motions to seal shall be returned to the appropriate party. The court accepts the parties' redacted briefs; that the Defendant has also withdrawn the motion for sanctions (Doc. 46 ). Therefore, the court need not consider it further. The Defendant shall have until and through November 15, 2013, to review the list of former deputies/officers identified by the Government in response to interrogatory 16 to determine whether additional depositions will be required. The Defendant's request to reopen fact discovery for the limited reasons noted during the hearing is allowed, and the deadline for completion of that limited fact discovery and for all expert discovery shall now be January 24, 2014. That the parties' joint motion to modify expert disclosure deadlines (Doc. 66 ) will be granted, and the deadline for expert disclosures and reports is extended through November 15, 2013. That the court will refer disposition of the motion for order to show cause (Doc. 61 ) to Magistrate Judge Webster, who is overseeing discovery in the case. Finally, the motion of Boney Publishers, Inc. to intervene (Doc. 41 ) is GRANTED. Boney's counsel acknowledged that the motion for access to the documents filed with the motions to seal (Doc. 42 ) was moot in light of the agreement of the parties as to the claimed informants, as noted above. As to Boney's request to modify the Confidentiality Order entered into by the parties and approved by the Magistrate Judge (Doc. 18 ), such motion should be addressed by the Magistrate Judge in the first instance as he is overseeing discovery in this case and approved the parties' Confidentiality Order. Therefore, the court will coordinate with Magistrate Judge Webster for further proceedings as to this motion. (Lloyd, Donna) (Entered: 11/14/2013)

MOTION TO MODIFY EXPERT DISCLOSURE DEADLINE AS TO A SINGLE EXPERT by UNITED STATES OF AMERICA. Responses due by 12/9/2013. (SONGER, MICHAEL) Modified on 11/18/2013 to edit text. (Lloyd, Donna) (Entered: 11/15/2013)

RESPONSE in Opposition re 68 MOTION to Modify 67 Order on Motion to Seal, Order on Motion for Reconsideration, Order on Motion to Intervene, Order on Motion for Sanctions,,,, Order on Motion to Modify, filed by TERRY S. JOHNSON. Replies due by 12/12/2013. (Attachments: # 1 Appendix EEOC v Dolgencorp)(KITCHEN, S.) (Entered: 11/25/2013)

1 Appendix EEOC v Dolgencorp

View on PACER

REPLY, filed by Plaintiff UNITED STATES OF AMERICA, to Response to 68 MOTION to Modify 67 Order on Motion to Seal, Order on Motion for Reconsideration, Order on Motion to Intervene, Order on Motion for Sanctions, Order on Motion to Modify, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(SONGER, MICHAEL) (Entered: 11/26/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Motions Submitted: 68 MOTION to Modify 67 Order on Motion to Seal, Order on Motion for Reconsideration, Order on Motion to Intervene, Order on Motion for Sanctions, Order on Motion to Modify to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne)

NOTICE of Appearance by attorney SILVIA J. DOMINGUEZ-REESE on behalf of Plaintiff UNITED STATES OF AMERICA (DOMINGUEZ-REESE, SILVIA) (Entered: 11/27/2013)

Motions Referred: RE: 61 MOTION for Order to Show Cause, to MAG/JUDGE JOE L. WEBSTER (Solomon, Dianne)

ORDER TO SHOW CAUSE signed by MAG/JUDGE JOE L. WEBSTER on 12/11/2013, that JESSICA FLORES ROSALES appear before the United States District Court for the Middle District of North Carolina on the 22nd day of January, 2014, at 9:30 a.m., Courtroom No. 1, Second Floor, 323 East Chapel Hill Street, Durham, North Carolina, to show cause why she should not be held in civil contempt for disobeying a subpoena to appear and testify at a deposition served upon her on September 25, 2013. FURTHER, that a copy of this Order together with the Motion for Order to Show Cause (Docket Entry 61 ) and exhibits thereto, be personally served on JESSICA FLORES ROSALES before January 12, 2014, and that such service shall constitute notice thereof. (Lloyd, Donna) Modified on 12/11/2013 to add text. (Lloyd, Donna) (Entered: 12/11/2013)

Set/Reset Deadlines/Hearings: Show Cause Hearing set for 1/22/2014 at 9:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Lloyd, Donna)

TEXT ORDER re: 68 Motion to Modify filed by the UNITED STATES OF AMERICA. Before the court is the motion of the United States for an extension of time to file its expert report of Margo Frasier. (Doc. 68 .) The matter is fully briefed. (Docs. 69, 70 .) For the reasons set forth in the Government's motion, the court finds good cause for allowing the extension. Therefore, the Government's motion to extend until November 25, 2013, the time to produce the report of expert Frasier is GRANTED, and the Defendant's time to respond is extended to January 6, 2014. SO ORDERED. Signed by JUDGE THOMAS D. SCHROEDER on 12/17/2013. (Solomon, Dianne)

Telephone Conference with Amanda Martin, Esq., S. C. Kitchen, Esq. and Michael Songer, Esq. held on 12/20/2013. Counsel notified that Judge Webster will address issues related to the Protective Order on 1/22/2014 09:30 AM in Durham, Courtroom No. 1. The court also requests that counsel file a motion addressing specific concerns with the protective order by 12/30/2013. Responses, if any, should be filed 1/7/2014 and Replies, if any, will be due 1/14/13. (Solomon, Dianne)

Joint MOTION TO MODIFY THE EXPERT DISCOVERY SCHEDULE re 32 Order by UNITED STATES OF AMERICA. Responses due by 1/13/2014. (SONGER, MICHAEL) Modified on 12/26/2013 to edit text. (Lloyd, Donna) (Entered: 12/20/2013)

MOTION to Modify Joint Confidentiality and Protective Order by BONEY PUBLISHERS, INC. Responses due by 1/24/2014 (Attachments: # 1 Text of Proposed Order)(MARTIN, C) Modified on 1/7/2014 to remove duplicate text. (Garland, Leah) (Entered: 12/30/2013)

1 Text of Proposed Order Proposed Order

View on PACER

MEMORANDUM filed by Movant BONEY PUBLISHERS, INC. re 74 MOTION to Modify Joint Confidentiality and Protective Order filed by BONEY PUBLISHERS, INC.. (MARTIN, C) (Entered: 12/30/2013)