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Case: United States v. Johnson

1:12-cv-01349 | U.S. District Court for the Middle District of North Carolina

Filed Date: Dec. 20, 2012

Closed Date: Aug. 17, 2021

Clearinghouse coding complete

Case Summary

On December 20, 2012, following a two-year investigation, the United States of America filed this lawsuit in the United States District Court for the Middle District of North Carolina. The US sued the Sheriff of Alamance County, North Carolina. The US, represented by the Department of Justice, brought the action under 42 U.S.C. § 14141 and asked the court for declaratory judgment that the Alamance County Sheriff's Office had engaged in conduct infringing rights protected by the United States Co…

On December 20, 2012, following a two-year investigation, the United States of America filed this lawsuit in the United States District Court for the Middle District of North Carolina. The US sued the Sheriff of Alamance County, North Carolina. The US, represented by the Department of Justice, brought the action under 42 U.S.C. § 14141 and asked the court for declaratory judgment that the Alamance County Sheriff's Office had engaged in conduct infringing rights protected by the United States Constitution. The United States additionally requested an order that the Sheriff's Office (1) cease its unlawful conduct, (2) implement remedial policies to prevent unlawful conduct, and (3) adopt systems to identify and correct unlawful conduct.

(Prior to this action and as part of its investigation, the United States filed a complaint against Alamance County and Sheriff Johnson, seeking a declaration that North Carolina Rule of Professional Conduct 4.2 does not prohibit the United States from conducting interviews with current and former Sheriff's Office personnel without Defendants' counsel present. While the case was pending, the United States continued and concluded its investigation and found that the Sheriff's Office intentionally and illegally discriminates against Latinos in Alamance County on the basis of their ethnicity. The Court [Judge Thomas D. Schroeder] dismissed the case with prejudice upon the United States' subsequent unopposed motion to dismiss.)

In its complaint, the United States alleged that Sheriff Johnson orders enforcement activities specifically targeting Latinos, that he and the Sheriff's Office make and tolerate racially-biased statements, and that the Sheriff's Office targets Latinos in traffic stops that are often done absent reasonable suspicion. The Sheriff's Office was further accused of arresting Latinos for traffic violations where others similarly situated receive citations or warnings; stopping Latinos at checkpoints, which disproportionately set up in Latino neighborhoods, while allowing others similarly situated to proceed; and, finally, notifying ICE investigators of Latino arrestees, though not of others similarly situated. The Sheriff's Office, in sum, was charged with having deficient policies, training, and oversight, resulting in discriminatory enforcement against Latinos. The U.S. claimed such activities violated the Fourth Amendment bar on unreasonable seizures and the Equal Protection Clause of the Fourteenth Amendment.

On February 20, 2013, the Defendant moved for judgment on the pleadings, which the Court (Judge Schroeder) denied on April 29, 2013, finding res judicata as to the Rule 4.2 case did not apply and holding a single change in the Sheriff's Office's practices (brought about by the Department of Homeland Security's termination of Sheriff Johnson's authority to make referrals to ICE) did not make moot the United States' claims. 2013 WL 12136503.

Discovery in the case began in March 2013. The defendant filed a motion for summary judgment on March 2, 2013, and the United States filed a cross-motion for summary judgment the following day. On June 20, 2014, the court (Judge Schroeder) denied the government's motion and granted in part and denied in part the defendant's motion. 28 F.Supp.3d 499. The defendant's motion for summary judgment was granted as to the government's Fourth Amendment claims regarding the pattern of individual traffic stops and the use of checkpoints for general law enforcement purposes unrelated to any alleged targeting of Latinos. The parties' motions for summary judgment were denied in all other respects, and the government's remaining claims pursuant to § 14141 for violations of the Fourth and Fourteenth Amendments proceeded to trial.

The bench trial for this case began on August 12, 2014 and concluded on August 22, 2014. On August 7, 2015, Judge Schroeder issued an opinion and order holding that the United States failed to meet its burden of proving that the Sherriff's Office had engaged in a "pattern or practice" of discriminatory law enforcement. 122 F.Supp.3d 272. Judge Schroeder noted specifically that the United States presented no evidence that any individual was unconstitutionally deprived of his or her rights under the Fourth or Fourteenth Amendments, and that the United States' case rested largely on vague, isolated statements and statistical analyses. As such, Judge Schroeder denied the United States' claims and entered judgment for the Sheriff's Office, dismissing this case with prejudice.

The United States appealed the decision to the U.S. Court of Appeals for the Fourth Circuit on October 2, 2015. On December 8, 2015, Judge Schroeder ruled on pending motions related to costs and fees in the district court. 2015 WL 8346676. The court denied the government's motion to stay the defendant's motion for fees and costs following the trial, and awarded the defendant $23,297 in costs. The court denied the defendant's motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, finding that the government's claims had a reasonable basis in law and fact.

Before the Fourth Circuit made a decision on the appeal, the parties reached a settlement agreement, with the United States agreeing to dismiss the appeal and accept the district court's judgment. The parties reached the settlement agreement on August 17, 2016. The agreement included the Alamance County Sheriff's Office developing a new Bias-Free Initiative, including a bias-free policing policy, a revised complaint policy including increased Spanish-language access, and data collection and analysis on traffic enforcement operations. The agreement also provided for training for Sheriff's Office employees. Under the settlement, the United States agreed that the findings letter and judgment would not provide a basis for denial of federal financial assistance to the Alamance County Sheriff's Office.

The Fourth Circuit dismissed the case on the parties' agreement on August 18, 2016. The agreement was to be effective for five year and automatically terminated in 2021. This case is now closed.

Summary Authors

David Postel (2/4/2014)

John He (10/11/2015)

Sarah McDonald (8/19/2018)

Jack Hibbard (6/10/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5071512/parties/united-states-v-johnson/


Judge(s)

Peake, Joi Elizabeth (North Carolina)

Schroeder, Thomas D. (North Carolina)

Webster, Joe L. (North Carolina)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Beck, Gill P. (North Carolina)

Dominguez-Reese, Silvia J. (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Gupta, Vanita (District of Columbia)

Gzifa, Anika (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Judge(s)

Peake, Joi Elizabeth (North Carolina)

Schroeder, Thomas D. (North Carolina)

Webster, Joe L. (North Carolina)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Beck, Gill P. (North Carolina)

Dominguez-Reese, Silvia J. (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Gupta, Vanita (District of Columbia)

Gzifa, Anika (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rand, Ripley (North Carolina)

Rosenbaum, Steven H. (District of Columbia)

Shapiro, Avner (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Songer, Michael J. (District of Columbia)

Trepel, Samantha Kay (District of Columbia)

Volek, Jude (District of Columbia)

Attorneys(s) for Defendant

Albright, Clyde Ballinger (North Carolina)

Kitchen, S. C. (North Carolina)

Pierce, Benjamin Charles (North Carolina)

Turrentine, Karlene S (North Carolina)

Other Attorney(s)

Martin, C. Amanda (North Carolina)

Expert/Monitor/Master

Banks, David (North Carolina)

Documents in the Clearinghouse

Document

1:11-cv-00507

Docket

United States of America v. Alamance County

Sept. 18, 2012

Sept. 18, 2012

Docket

1:12-cv-01349

Docket [PACER]

June 13, 2018

June 13, 2018

Docket

Justice Department Files Lawsuit Against the Alamance County, North Carolina, Sheriff’s Office

[Alamance County Sheriff's Office]

No Court

June 23, 2011

June 23, 2011

Press Release
17

1:11-cv-00507

Amended Complaint (Rule 4.2 Case)

United States v. Alamance County, North Carolina

July 14, 2011

July 14, 2011

Complaint
52

1:11-cv-00507

United States’ Memorandum in Support of Its Unopposed Motion to Dismiss the Amended Complaint as Moot (Rule 4.2 Case)

United States v. Alamance County, North Carolina

Sept. 18, 2012

Sept. 18, 2012

Pleading / Motion / Brief

Justice Department Releases Investigative Findings on the Alamance County, N.C., Sheriff’s Office

[Alamance County Sheriff's Office]

No Court

Sept. 18, 2012

Sept. 18, 2012

Press Release

Investigación Realizada por Estados Unidos Sobre la Oficina del Sheriff del Condado de Alamance [Findings Letter (Spanish)]

United States' Investigation of Alamance County Sheriff's Office

No Court

Sept. 18, 2012

Sept. 18, 2012

Findings Letter/Report

United States' Investigation of the Alamance County Sheriff's Office

United States' Investigation of Alamance County Sheriff's Office

No Court

Sept. 18, 2012

Sept. 18, 2012

Findings Letter/Report
53

1:11-cv-00507

Order (Dismissing Rule 4.2 Case)

United States v. Alamance County, North Carolina

Sept. 18, 2012

Sept. 18, 2012

Order/Opinion

Response Re: DOJ Investigation of the Alamance County Sheriff's Office

United States' Investigation of Alamance County Sheriff's Office

No Court

Sept. 26, 2012

Sept. 26, 2012

Correspondence

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5071512/united-states-v-johnson/

Last updated Nov. 26, 2022, 3:26 a.m.

ECF Number Description Date Link Date / Link
1

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

Dec. 20, 2012

Dec. 20, 2012

RECAP
2

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

Dec. 21, 2012

Dec. 21, 2012

PACER
3

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

Dec. 21, 2012

Dec. 21, 2012

PACER
4

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

Jan. 2, 2013

Jan. 2, 2013

PACER
5

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)

Jan. 9, 2013

Jan. 9, 2013

PACER
6

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

Jan. 15, 2013

Jan. 15, 2013

RECAP
7

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)

Jan. 15, 2013

Jan. 15, 2013

PACER
8

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

Jan. 30, 2013

Jan. 30, 2013

PACER

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

Jan. 31, 2013

Jan. 31, 2013

PACER
9

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)

Feb. 5, 2013

Feb. 5, 2013

PACER
10

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

Feb. 20, 2013

Feb. 20, 2013

PACER
11

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

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2 Exhibit Motion to Dismiss from prior case

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3 Exhibit DOJ Letter

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4 Exhibit Order in prior case

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Feb. 20, 2013

Feb. 20, 2013

PACER

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

Feb. 25, 2013

Feb. 25, 2013

PACER
12

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

March 12, 2013

March 12, 2013

PACER
13

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)

March 13, 2013

March 13, 2013

RECAP

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)

March 14, 2013

March 14, 2013

PACER
14

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

March 15, 2013

March 15, 2013

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)

March 15, 2013

March 15, 2013

PACER

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

March 18, 2013

March 18, 2013

PACER
15

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)

March 19, 2013

March 19, 2013

PACER
16

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)

March 25, 2013

March 25, 2013

RECAP

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

March 26, 2013

March 26, 2013

PACER
17

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

April 19, 2013

April 19, 2013

PACER
18

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)

April 23, 2013

April 23, 2013

RECAP

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

April 23, 2013

April 23, 2013

PACER
19

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)

April 29, 2013

April 29, 2013

PACER
20

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

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May 7, 2013

May 7, 2013

PACER
21

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)

May 8, 2013

May 8, 2013

PACER

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

May 8, 2013

May 8, 2013

PACER
22

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)

May 13, 2013

May 13, 2013

PACER
23

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

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May 31, 2013

May 31, 2013

PACER
24

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)

May 31, 2013

May 31, 2013

PACER
25

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

May 31, 2013

May 31, 2013

RECAP
26

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

June 24, 2013

June 24, 2013

PACER
27

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)

June 25, 2013

June 25, 2013

PACER

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

June 25, 2013

June 25, 2013

PACER

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)

June 25, 2013

June 25, 2013

PACER
28

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

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2 Exhibit Exhibit A to U.S. Opposition

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3 Exhibit Exhibit C to U.S. Opposition

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4 Exhibit Exhibit E to U.S. Opposition

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July 1, 2013

July 1, 2013

RECAP
29

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

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2 Exhibit C - Def's interrogatories

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

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4 Exhibit - In re Kleberg

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5 Exhibit - U.S. v. Lakin

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6 Exhibit - U.S. v. Bond

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July 1, 2013

July 1, 2013

PACER
30

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)

July 3, 2013

July 3, 2013

PACER

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

July 5, 2013

July 5, 2013

PACER
31

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)

July 19, 2013

July 19, 2013

PACER

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

July 19, 2013

July 19, 2013

PACER
32

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)

July 23, 2013

July 23, 2013

PACER

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

July 23, 2013

July 23, 2013

PACER
33

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)

July 30, 2013

July 30, 2013

PACER
34

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)

July 30, 2013

July 30, 2013

PACER
35

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

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2 Exhibit Exhibit C to Motion for Reconsideration

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Aug. 13, 2013

Aug. 13, 2013

PACER
36

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

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Aug. 13, 2013

Aug. 13, 2013

PACER
37

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

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Aug. 14, 2013

Aug. 14, 2013

PACER
38

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)

Sept. 3, 2013

Sept. 3, 2013

PACER
39

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)

Sept. 3, 2013

Sept. 3, 2013

PACER
40

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

Sept. 4, 2013

Sept. 4, 2013

PACER
41

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

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Sept. 4, 2013

Sept. 4, 2013

PACER
42

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

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Sept. 4, 2013

Sept. 4, 2013

PACER
43

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)

Sept. 8, 2013

Sept. 8, 2013

PACER
44

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)

Sept. 8, 2013

Sept. 8, 2013

PACER

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)

Sept. 9, 2013

Sept. 9, 2013

PACER
45

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)

Sept. 12, 2013

Sept. 12, 2013

PACER
46

*** 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)

Sept. 15, 2013

Sept. 15, 2013

PACER
47

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

Sept. 15, 2013

Sept. 15, 2013

RECAP
48

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

Sept. 17, 2013

Sept. 17, 2013

PACER
49

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

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Sept. 17, 2013

Sept. 17, 2013

PACER
50

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)

Sept. 17, 2013

Sept. 17, 2013

RECAP
51

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)

Sept. 24, 2013

Sept. 24, 2013

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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)

Sept. 26, 2013

Sept. 26, 2013

PACER
52

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

Sept. 30, 2013

Sept. 30, 2013

RECAP
53

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

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2 Exhibit A -- News Story

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3 Exhibit D -- Newspaper Article on e-mails

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4 Supplement Allergan v Apotex

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Oct. 8, 2013

Oct. 8, 2013

RECAP
54

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)

Oct. 8, 2013

Oct. 8, 2013

PACER
55

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

Oct. 9, 2013

Oct. 9, 2013

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56

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

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2 Exhibit B to Opposition to Motion for Sanctions

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Oct. 9, 2013

Oct. 9, 2013

PACER
57

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

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Oct. 9, 2013

Oct. 9, 2013

PACER
58

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)

Oct. 10, 2013

Oct. 10, 2013

RECAP
59

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)

Oct. 16, 2013

Oct. 16, 2013

PACER

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

Oct. 17, 2013

Oct. 17, 2013

PACER
60

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)

Oct. 18, 2013

Oct. 18, 2013

PACER

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)

Oct. 18, 2013

Oct. 18, 2013

PACER
61

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

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2 Exhibit B - Transcript

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Oct. 21, 2013

Oct. 21, 2013

PACER
62

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

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Oct. 21, 2013

Oct. 21, 2013

PACER
63

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

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Oct. 25, 2013

Oct. 25, 2013

RECAP
64

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)

Oct. 25, 2013

Oct. 25, 2013

RECAP
65

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)

Oct. 28, 2013

Oct. 28, 2013

RECAP

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

Oct. 31, 2013

Oct. 31, 2013

PACER
66

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

Nov. 5, 2013

Nov. 5, 2013

RECAP

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)

Nov. 8, 2013

Nov. 8, 2013

PACER

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)

Nov. 8, 2013

Nov. 8, 2013

PACER
67

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)

Nov. 14, 2013

Nov. 14, 2013

PACER
68

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)

Nov. 15, 2013

Nov. 15, 2013

RECAP
69

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

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Nov. 25, 2013

Nov. 25, 2013

RECAP
70

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

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2 Exhibit B

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3 Exhibit C

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Nov. 26, 2013

Nov. 26, 2013

PACER
71

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

Nov. 27, 2013

Nov. 27, 2013

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)

Nov. 27, 2013

Nov. 27, 2013

PACER

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

Dec. 5, 2013

Dec. 5, 2013

PACER
72

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)

Dec. 11, 2013

Dec. 11, 2013

PACER

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)

Dec. 11, 2013

Dec. 11, 2013

PACER

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)

Dec. 17, 2013

Dec. 17, 2013

PACER
73

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)

Dec. 20, 2013

Dec. 20, 2013

PACER

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)

Dec. 20, 2013

Dec. 20, 2013

PACER
74

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

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Dec. 30, 2013

Dec. 30, 2013

PACER
75

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)

Dec. 30, 2013

Dec. 30, 2013

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Case Details

State / Territory: North Carolina

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 20, 2012

Closing Date: Aug. 17, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Terry S. Johnson (Graham, Alamance), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Declaratory Judgment Act, 28 U.S.C. § 2201

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2016 - 2021

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Training

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Racial profiling

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

National Origin/Ethnicity:

Hispanic