Case: North Carolina Environmental Justice Network v. Taylor

COMPLAINT against Aaron McLawhorn, Frederick A. McLawhorn, Justin T McLawhorn, Donald E Taylor, Taylor Finishing, Inc. ( Filing fee $ 350 receipt number 0417-2160433.), filed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., North Carolina Environmental Justice Network. (Attachments: # 1 Exhibit A -- Taylor Notice of Intent to Sue, # 2 Exhibit B -- McLawhorn Notice of Intent to Sue, # 3 Civil Cover Sheet, # 4 Summons for Aaron McLawhorn, # 5 Summons for Frederick McLawhorn, # 6 Summons for Justin McLawhorn, # 7 Summons for Taylor Finishing, Inc., # 8 Summons for Donald Taylor) (Green, Stanley) (Entered: 07/27/2012)

NOTICE of Appearance by Stanley B. Green on behalf of All Plaintiffs (Green, Stanley) (Entered: 07/27/2012)

NOTICE of Change of Address by Stanley B. Green (Green, Stanley) (Entered: 07/27/2012)

FINANCIAL DISCLOSURE STATEMENT by North Carolina Environmental Justice Network (Green, Stanley) (Entered: 07/27/2012)

FINANCIAL DISCLOSURE STATEMENT by Neuse River Foundation, Inc. (Green, Stanley) (Entered: 07/27/2012)

FINANCIAL DISCLOSURE STATEMENT by Waterkeeper Alliance, Inc. (Green, Stanley) (Entered: 07/27/2012)

SUMMONS ISSUED as to Aaron McLawhorn, Frederick A. McLawhorn, Justin T. McLawhorn, Donald Taylor, and Taylor Finishing, Inc. Counsel should print summonses and effect service. (Sawyer, D.) (Entered: 07/30/2012)

Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.)

SUMMONS Returned Executed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., North Carolina Environmental Justice Network. Donald Taylor served on 8/2/2012, answer due 8/23/2012. (Green, Stanley) (Entered: 08/17/2012)

SUMMONS Returned Executed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., North Carolina Environmental Justice Network. Taylor Finishing, Inc. served on 8/2/2012, answer due 8/23/2012. (Green, Stanley) (Entered: 08/17/2012)

SUMMONS Returned Executed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., North Carolina Environmental Justice Network. Frederick A. McLawhorn served on 8/16/2012, answer due 9/6/2012. (Green, Stanley) (Entered: 08/21/2012)

SUMMONS Returned Executed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., North Carolina Environmental Justice Network. Justin T. McLawhorn served on 8/16/2012, answer due 9/6/2012. (Green, Stanley) (Entered: 08/21/2012)

SUMMONS Returned Executed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., North Carolina Environmental Justice Network. Aaron McLawhorn served on 8/16/2012, answer due 9/6/2012. (Green, Stanley) (Entered: 08/21/2012)

NOTICE of Appearance by Frank H. Sheffield, Jr. on behalf of Donald Taylor, Taylor Finishing, Inc. (Sheffield, Frank) (Entered: 08/21/2012)

NOTICE of Appearance by Donalt J. Eglinton on behalf of Donald Taylor, Taylor Finishing, Inc. (Eglinton, Donalt) (Entered: 08/21/2012)

MOTION for Extension of Time to File Answer regarding 1 Complaint by Donald Taylor, Taylor Finishing, Inc. (Attachments: # 1 Text of Proposed Order) (Sheffield, Frank) (Entered: 08/21/2012)

FINANCIAL DISCLOSURE STATEMENT by Donald Taylor, Taylor Finishing, Inc. (Sheffield, Frank) (Entered: 08/21/2012)

FINANCIAL DISCLOSURE STATEMENT by Donald Taylor, Taylor Finishing, Inc. (Sheffield, Frank) (Entered: 08/21/2012)

NOTICE of Appearance by Amy P. Wang on behalf of Donald Taylor, Taylor Finishing, Inc. (Wang, Amy) (Entered: 08/22/2012)

ORDER granting 15 Motion for Extension of Time to Answer. Donald Taylor and Taylor Finishing, Inc. answer due 9/13/2012. Signed by Julie A. Richards, Clerk of Court on 8/22/2012. (Sawyer, D.) (Entered: 08/22/2012)

MOTION REFERRED to Julie A. Richards, Clerk of Court: 15 Motion for Extension of Time to File Answer to 1 Complaint. (Sawyer, D.)

NOTICE of Appearance by Bethany Davis Noll on behalf of North Carolina Environmental Justice Network (Noll, Bethany) (Entered: 08/24/2012)

NOTICE of Appearance by Chinelo E. Dike-Minor on behalf of North Carolina Environmental Justice Network (Dike-Minor, Chinelo) (Entered: 08/24/2012)

NOTICE of Appearance by Michael T. Leigh on behalf of North Carolina Environmental Justice Network (Leigh, Michael) (Entered: 08/24/2012)

NOTICE of Appearance by Kelly H. Foster on behalf of Neuse River Foundation, Inc., Waterkeeper Alliance, Inc. (Foster, Kelly) (Entered: 08/24/2012)

NOTICE of Voluntary Dismissal by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, Waterkeeper Alliance, Inc. (Green, Stanley) (Entered: 08/31/2012)

AMENDED COMPLAINT and Jury Demand against Aaron McLawhorn, Justin T. McLawhorn, Donald Taylor, filed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., North Carolina Environmental Justice Network. (Attachments: # 1 Exhibit A--Taylor Notice of Intent to Sue, # 2 Exhibit B--McLawhorn Notice of Intent to Sue) (Green, Stanley) (Entered: 08/31/2012)

NOTICE of Appearance by John William King, Jr on behalf of Aaron McLawhorn, Frederick A. McLawhorn, Justin T. McLawhorn (King, John) (Entered: 09/06/2012)

MOTION for Extension of Time to File Answer Complaint by Aaron McLawhorn, Frederick A. McLawhorn, Justin T. McLawhorn. (Attachments: # 1 Text of Proposed Order) (King, John) (Entered: 09/06/2012)

MOTION REFERRED to Julie A. Richards, Clerk of Court: 27 Motion for Extension of Time to File Answer to Complaint. (Sawyer, D.)

ORDER granting 27 Motion for Extension of Time to Answer. Aaron McLawhorn answer, Frederick A. McLawhorn, and Justin T. McLawhorn's answer due 9/27/2012. Signed by Julie A. Richards, Clerk of Court on 9/10/2012. (Sawyer, D.) (Entered: 09/10/2012)

NOTICE of Appearance by Lars P. Simonsen on behalf of Aaron McLawhorn, Frederick A. McLawhorn, Justin T. McLawhorn (Simonsen, Lars) (Entered: 09/11/2012)

MOTION to Dismiss Plaintiffs' Complaint by Donald Taylor. (Eglinton, Donalt) (Entered: 09/13/2012)

Memorandum in Support regarding 30 MOTION to Dismiss Plaintiffs' Complaint filed by Donald Taylor. (Attachments: # 1 Exhibit 1-Notice of Intent to Sue) (Eglinton, Donalt) (Entered: 09/13/2012)

FINANCIAL DISCLOSURE STATEMENT by Aaron McLawhorn, Frederick A. McLawhorn. (King, John) (Entered: 09/13/2012)

FINANCIAL DISCLOSURE STATEMENT by Justin T. McLawhorn. (King, John) (Entered: 09/13/2012)

WAIVER OF SERVICE Returned Executed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., North Carolina Environmental Justice Network. Annie Taylor waiver sent on 9/14/2012. (Green, Stanley) (Entered: 09/19/2012)

AFFIDAVIT by Aaron McLawhorn, Frederick A. McLawhorn. (Attachments: # 1 Errata Lease Termination Agreement, # 2 Exhibit Certificate of Existence) (King, John) (Entered: 09/27/2012)

MOTION to Dismiss for Lack of Jurisdiction by Aaron McLawhorn, Frederick A. McLawhorn, Justin T. McLawhorn. (King, John) (Entered: 09/27/2012)

Memorandum in Support regarding 36 MOTION to Dismiss for Lack of Jurisdiction filed by Aaron McLawhorn, Frederick A. McLawhorn, Justin T. McLawhorn. (King, John) (Entered: 09/27/2012)

RESPONSE/MEMORANDUM in Opposition to 30 Motion to Dismiss filed by North Carolina Environmental Justice Network. (Leigh, Michael) (Entered: 10/09/2012)

DECLARATION in support of 31 Response/Memorandum filed filed by North Carolina Environmental Justice Network. (Attachments: # 1 Exhibit 1 - Certificate of Coverage, # 2 Exhibit 2 - Letter from Frank H. Sheffield, # 3 Exhibit 3 - Compliance Inspection, # 4 Exhibit 4 - Plan of Action dated January 26, 2011, # 5 Exhibit 5 - Plan of Action dated September 27, 2011, # 6 Exhibit 6 - Letter from Donald and Annie Taylor, # 7 Exhibit 7 - Confidential Settlement Communications Agreement) (Noll, Bethany) (Entered: 10/09/2012)

NOTICE of Appearance by Lee Knight Caffery on behalf of All Plaintiffs (Caffery, Lee) (Entered: 10/10/2012)

REMINDER TO COUNSEL regarding 38 Memorandum in Opposition and 39 Declaration: Pursuant to Judge Dever's practice preferences, counsel shall provide a courtesy copy of motions and memoranda for documents over 20 pages, by mailing or delivering to the case manager at the clerk's office in Raleigh. (Sawyer, D.)

CERTIFICATE OF SERVICE by North Carolina Environmental Justice Network regarding 39 Declaration. (Leigh, Michael) (Entered: 10/15/2012)

NOTICE TO COUNSEL regarding 38 Response/Memorandum and 39 Declaration. For future reference, counsel should reflect in the case caption the division in which the case has been assigned. Counsel failed to attach a certificate of service to 39 Declaration. Counsel should file the certificate of service using Civil Events - Service of Process. (Heath, D.)

MEMORANDUM IN OPPOSITION to 36 Motion to Dismiss filed by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, and Waterkeeper Alliance, Inc. (Green, Stanley) (Entered: 10/22/2012)

DECLARATION of Bethany A. Davis Noll in support of 36 Motion to Dismiss filed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., and North Carolina Environmental Justice Network. (Attachments: # 1 Exhibit 1--Certificate of Coverage, # 2 Exhibit 2--Findings and Decision et al., # 3 Exhibit 3--North Carolina Department of Environment and Natural Resources Letter, # 4 Exhibit 4--Water Quality Inspection, # 5 Exhibit 5--North Carolina Department of Environment and Natural Resources Letter, # 6 Exhibit 6--Administrative Reinstatement, # 7 Exhibit 7--Affidavit) (Green, Stanley) (Entered: 10/22/2012)

MOTION for Extension of Time to File Reply as to 38 Memorandum in Opposition to Defendant Donald Taylor's Motion to Dismiss by Donald Taylor. (Attachments: # 1 Text of Proposed Order) (Eglinton, Donalt) (Entered: 10/23/2012)

MOTION REFERRED Julie A. Richards, Clerk of Court: Motion 44 for Extension of Time to File Reply to 30 Motion to Dismiss. (Sawyer, D.)

TEXT ORDER granting defendant's 44 motion for extension of time. Defendant Donald Taylor has through and including October 30, 2012 to reply to his 30 motion to dismiss. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 10/24/2012. (Skinner, J.)

REPLY regarding 30 Defendant Donald Taylor's Motion to Dismiss filed by Donald Taylor. (Attachments: # 1 Exhibit December 22, 2010 Notice of Intent to Sue, # 2 Exhibit January 11, 2011 Notice Letter) (Eglinton, Donalt) (Entered: 10/30/2012)

NOTICE of Change of Address by Stanley B. Green (Green, Stanley) (Entered: 11/06/2012)

NOTICE of Change of Address by Lee Knight Caffery (Caffery, Lee) (Entered: 11/06/2012)

MOTION to Dismiss Plaintiffs' Amended Complaint by Annie Taylor. (Eglinton, Donalt) (Entered: 11/09/2012)

MEMORANDUM in Support of 48 Motion to Dismiss Plaintiffs' Amended Complaint filed by Annie Taylor. (Attachments: # 1 Exhibit Notice of Intent - January 11, 2011) (Eglinton, Donalt) (Entered: 11/09/2012)

DECLARATION in support of 48 Motion to Dismiss filed by Annie Taylor. (Attachments: # 1 Affidavit Declaration of Annie Taylor) (Eglinton, Donalt) (Entered: 11/09/2012)

MOTIONS SUBMITTED to Chief Judge James C. Dever III: 30 and 36 Motions to Dismiss. (Sawyer, D.)

MOTION for Leave to File Second Amended Complaint by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, Waterkeeper Alliance, Inc. (Green, Stanley) (Entered: 11/28/2012)

Memorandum in Support of Motion for Leave to File Second Amended Complaint filed by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, Waterkeeper Alliance, Inc. (Attachments: # 1 Exhibit Proposed Second Amended Complaint) (Green, Stanley) (Entered: 11/28/2012)

Memorandum in Opposition regarding 48 MOTION to Dismiss Plaintiffs' Amended Complaint / Plaintiffs' Memorandum of Law in Opposition to Defendant Annie Taylor's Motion to Dismiss filed by North Carolina Environmental Justice Network. (Noll, Bethany) (Entered: 12/03/2012)

CERTIFICATE OF SERVICE by North Carolina Environmental Justice Network regarding 53 Memorandum in Opposition, Certificate of Service for Plaintiffs' Memorandum of Law in Opposition to Defendant Annie Taylor's Motion to Dismiss, Dated December 3, 2012, Per Clerk's Notice of December 4, 2012 (Noll, Bethany) (Entered: 12/04/2012)

NOTICE TO COUNSEL regarding the Certificate of Service attached to 53 Memorandum In Opposition. The document contains an incorrect signture block. The signature block does not reflect the filing attorney's signature. Counsel should file a separately captioned Certificate of Service using Civil Events - Service of Process. (Heath, D.)

REPLY to Response to Motion regarding 48 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Annie Taylor. (Attachments: # 1 Exhibit 1-Warranty Deed) (Eglinton, Donalt) (Entered: 12/17/2012)

MOTION SUBMITTED to Chief Judge James C. Dever III: 48 Motion to Dismiss. (Sawyer, D.)

RESPONSE in Opposition regarding 51 MOTION for Leave to File Second Amended Complaint filed by Annie Taylor, Donald Taylor. (Attachments: # 1 Exhibit Declaration of Donald Taylor, # 2 Exhibit Declaration of Annie Taylor, # 3 Exhibit Waterkeeper Alliance v. Alan Kristin Hudson Farm, document 210, # 4 Exhibit Waterkeeper Alliance v. Alan Kristin Hudson Farm, document 211, # 5 Exhibit Judge Nickerson's Order, # 6 Exhibit Administrative Reinstatement of the Corporation by the NC Secretary of State) (Eglinton, Donalt) (Entered: 12/21/2012)

Declaration regarding 56 Response in Opposition to Motion,, Notice of Filing by Annie Taylor, Donald Taylor. (Attachments: # 1 Affidavit Declaration of Donald Taylor, # 2 Affidavit Declaration of Annie Taylor) (Eglinton, Donalt) (Entered: 12/21/2012)

MOTION SUBMITTED to Chief Judge James C. Dever III: 51 Motion for Leave to File Second Amended Complaint. (Sawyer, D.)

REPLY to Response to Motion regarding 51 MOTION for Leave to File Second Amended Complaint filed by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, Waterkeeper Alliance, Inc. (Attachments: # 1 Exhibit 1 - Email, # 2 Declaration of Michael T. Leigh) (Green, Stanley) (Entered: 01/07/2013)

NOTICE of Appearance for non-district by Johanna N. Skrzypczyk on behalf of North Carolina Environmental Justice Network (Skrzypczyk, Johanna) (Entered: 01/29/2013)

MOTION to Withdraw as Attorney by North Carolina Environmental Justice Network. (Noll, Bethany) (Entered: 01/30/2013)

MOTION SUBMITTED to Chief Judge James C. Dever iII: 60 Motion to Withdraw as Attorney. (Sawyer, D.)

ORDER granting 60 Motion to Withdraw as Attorney. Attorney Bethany Davis Noll terminated. Signed by Chief Judge James C. Dever III on 2/1/2013. (Sawyer, D.) (Entered: 02/01/2013)

MOTION to Withdraw as Attorney by North Carolina Environmental Justice Network. (Dike-Minor, Chinelo) (Entered: 03/06/2013)

NOTICE TO COUNSEL regarding 62 Motion to Withdraw and Proposed Order. Counsel failed to attach the proposed order as an exhibit. Pursuant to Local Civil Rule 6.1 and Section L(2)(b) of the Courts' Electronic Policy and Procedure Manual, all exhibits must be attached separately and identified with a clear and complete description of the document. (Heath, D.)

MOTION SUBMITTED to Chief Judge James C. Dever III: 62 Motion to Withdraw as Counsel. (Sawyer, D.)

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Chinelo E. Dike-Minor terminated. Signed by Chief Judge James C. Dever III on 3/8/2013. (Sawyer, D.) (Entered: 03/08/2013)

ORDER granting 51 Plaintiffs' Motion for Leave to File Second Amended Complaint and denying as moot 30 , 36 , and 48 Motions to Dismiss. Counsel should file the second amended complaint attached to its motion no later than 4/30/2013. Signed by Chief Judge James C. Dever III on 4/24/2013. (Sawyer, D.)

SECOND AMENDED COMPLAINT filed by Waterkeeper Alliance, Inc., Neuse River Foundation, Inc., and North Carolina Environmental Justice Network. (Green, Stanley) (Entered: 04/25/2013)

MOTION for Extension of Time to File Answer regarding 65 Amended Complaint by Aaron McLawhorn, Frederick A. McLawhorn, Justin T. McLawhorn, McLawhorn Livestock Farm, Inc.. (Attachments: # 1 Text of Proposed Order) (King, John) (Entered: 05/06/2013)

MOTION REFERRED to Julie A. Richards, Clerk of Court: 66 Motion for Extension of Time to File Answer to 65 Amended Complaint. (Sawyer, D.)

MOTION to Correct the Style of the Case filed by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, Waterkeeper Alliance, Inc. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order) (Green, Stanley) (Entered: 05/07/2013)

TEXT ORDER granting defendants' 66 motion for extension of time. Defendants Aaron McLawhorn, Justin T. McLawhorn and McLawhorn Livestock Farm, Inc. have through and including June 5, 2013 to answer or otherwise respond to plaintiffs' second amended complaint. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 5/7/2013. (Skinner, J.)

ANSWER to 65 Second Amended Complaint filed by Annie Taylor and Donald Taylor. (Wang, Amy) (Entered: 05/09/2013)

MOTION SUBMITTED to Chief Judge James C. Dever III: 67 Motion to Correct the Style of the Case. (Sawyer, D.)

MOTION (Corrected) to Correct the Style of the Case filed by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, and Waterkeeper Alliance, Inc. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order) (Green, Stanley) (Entered: 05/21/2013)

MOTION SUBMITTED to Chief Judge James C. Dever III: 69 Motion (Corrected) to Correct the Style of the Case. (Sawyer, D.)

ORDER granting 69 Motion to Correct the Style of the Case. Signed by Chief Judge James C. Dever III on 5/23/2013. (Sawyer, D.) (Entered: 05/23/2013)

MOTION TO DISMISS for Failure to State a Claim filed by Aaron McLawhorn, Justin T. McLawhorn, McLawhorn Livestock Farm, Inc. (King, John) (Entered: 05/30/2013)

MEMORANDUM in Support of 71 Motion to Dismiss filed by Aaron McLawhorn, Justin T. McLawhorn, McLawhorn Livestock Farm, Inc. (King, John) (Entered: 05/30/2013)

MEMORANDUM in Opposition to 71 Motion to Dismiss filed by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, Waterkeeper Alliance, Inc. (Green, Stanley) (Entered: 06/21/2013)

REMINDER TO COUNSEL regarding 73 Memorandum in Opposition: Pursuant to Chief Judge Dever's Practice and Procedures located on the court's website, counsel shall provide a courtesy copy of all filed documents that exceed 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Sawyer, D.)

MOTION SUBMITTED to Chief Judge James C. Dever III: 71 Motion to Dismiss. (Sawyer, D.)

ORDER denying 71 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge James C. Dever III on 8/26/2013. (Sawyer, D.)

ANSWER to 65 Amended Complaint by Aaron McLawhorn, Justin T. McLawhorn, McLawhorn Livestock Farm, Inc.. (King, John) (Entered: 09/03/2013)

ORDER FOR DISCOVERY PLAN sent to all parties. Counsel should read the order in its entirety for critical deadlines and information. Signed by Julie A. Richards, Clerk of Court on 9/4/2013. (Sawyer, D.) (Entered: 09/04/2013)

MOTION for Extension of Time to File Joint Discovery Plan by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, Waterkeeper Alliance, Inc.. (Attachments: # 1 Text of Proposed Order) (Green, Stanley) (Entered: 10/08/2013)

MOTION SUBMITTED to Chief Judge James C. Dever III: 77 Motion for Extension of Time to File Joint Discovery Plan. (Sawyer, D.)

REPORT of Rule 26(f) Planning Meeting by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, Waterkeeper Alliance, Inc.. (Caffery, Lee) (Entered: 10/18/2013)

NOTICE by Neuse River Foundation, Inc., North Carolina Environmental Justice Network, Waterkeeper Alliance, Inc. Firm Name Change (Green, Stanley) (Entered: 10/18/2013)