Case: Nicholas C. v. Wos

1:14-cv-00072 | U.S. District Court for the Western District of North Carolina

Filed Date: March 21, 2014

Closed Date: Feb. 27, 2015

Clearinghouse coding complete

Case Summary

(This summary is temporary, while we research the case.) On March 21, 2014, Disability Rights North Carolina ("DRNC") filed this lawsuit on behalf of a resident of an intermediate care facility in the U.S. District Court for the Western District of North Carolina. DRNC alleged that the resident was subjected to repeated, unnecessary, routine and excessive use of mechanical restraints for behavior that was not dangerous and that the use of these restraints violated the US Constitution’s 14th Amendment and state law.

Summary Authors

NDRN (12/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5623757/parties/nicholas-c-v-wos/


Judge(s)

Reidinger, Martin Karl (North Carolina)

Attorney for Plaintiff

Rittelmeyer, John Richard (North Carolina)

Sullivan, Kristine Louise (North Carolina)

Attorney for Defendant

Brito, Olga Eugenia (North Carolina)

Stroud, Scott T. (North Carolina)

show all people

Documents in the Clearinghouse

Document
15

1:14-cv-00072

First Amended Complaint

April 10, 2014

April 10, 2014

Complaint
32

1:14-cv-00072

Order

Jan. 20, 2015

Jan. 20, 2015

Order/Opinion
33

1:14-cv-00072

Settlement Agreement

Jan. 28, 2015

Jan. 28, 2015

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5623757/nicholas-c-v-wos/

Last updated Aug. 14, 2025, 9:39 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0419-2259968), filed by Gene Hawkins, Nicholas C. (Attachments: # 1 Exhibit Photograph of Plaintiff Hawkins, # 2 Exhibit Photograph of Plaintiff Nicholas C., # 3 Civil Cover Sheet)(Sullivan, Kristine) Modified text on 3/21/2014 (ejb). (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
2

Corporate Disclosure Statement by Nicholas C. (Sullivan, Kristine) Modified text on 3/21/2014 (ejb). (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
3

Corporate Disclosure Statement by Gene Hawkins (Sullivan, Kristine) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER

Case assigned to District Judge Martin Reidinger and Magistrate Judge Dennis Howell. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(ejb)

March 21, 2014

March 21, 2014

PACER
4

Summons Issued Electronically as to Aldona Wos, J. Michael Hennike, Arthur Robarge. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
5

NOTICE of Appearance by Kristine Louise Sullivan on behalf of All Plaintiffs (Sullivan, Kristine) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
6

***DOCKETED IN ERROR - SEE 9 FOR CORRECT ENTRY*** NOTICE of Appearance by Kristine Louise Sullivan on behalf of All Plaintiffs (Sullivan, Kristine) Modified on 3/28/2014 (khm). (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
7

AFFIDAVIT of Service filed by Gene Hawkins, Nicholas C.. Aldona Wos served on 3/24/2014, answer due 4/14/2014. (Attachments: # 1 Exhibit Proof of Service)(Sullivan, Kristine) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

PACER
8

AFFIDAVIT of Service filed by Gene Hawkins, Nicholas C.. Arthur Robarge served on 3/24/2014, answer due 4/14/2014. (Attachments: # 1 Exhibit Proof of Service)(Sullivan, Kristine) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

PACER
9

NOTICE of Appearance by John Richard Rittelmeyer on behalf of Nicholas C., Gene Hawkins (Rittelmeyer, John) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

PACER
10

AFFIDAVIT of Service filed by Gene Hawkins, Nicholas C.. J. Michael Hennike served on 3/26/2014, answer due 4/16/2014. (Attachments: # 1 Exhibit Proof of Service)(Sullivan, Kristine) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
11

NOTICE of Appearance by Olga Eugenia Vysotskaya de Brito on behalf of All Defendants (Vysotskaya de Brito, Olga) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
12

NOTICE of Voluntary Dismissal by Gene Hawkins. (Sullivan, Kristine) Modified text on 4/1/2014 to indicate this is a notice and not a motion (ejb). NEF Regenerated. (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

RECAP
13

Consent MOTION for Extension of Time to Answer re: 1 Complaint, by J. Michael Hennike, Arthur Robarge, Aldona Wos. (Attachments: # 1 Proposed Order)(Vysotskaya de Brito, Olga). Motions referred to Dennis Howell. (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
14

ORDER granting 13 Motion for Extension of Time to Answer. All Defendants. Defendants shall have until 05/14/2014, to answer or otherwise respond to the Complaint. Signed by Magistrate Judge Dennis Howell on 04/07/2014. (thh) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
15

AMENDED COMPLAINT against Arthur Robarge, Aldona Wos, filed by Nicholas C.. (Attachments: # 1 Exhibit Photo of individual in mechanical restraints, # 2 Exhibit Photo of Plaintiff)(Sullivan, Kristine) (Entered: 04/10/2014)

1 Exhibit Photo of individual in mechanical restraints

View on PACER

2 Exhibit Photo of Plaintiff

View on PACER

April 10, 2014

April 10, 2014

Clearinghouse
16

ANSWER to 15 Amended Complaint by Arthur Robarge, Aldona Wos.(Vysotskaya de Brito, Olga) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

PACER

NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. (khm)

May 15, 2014

May 15, 2014

PACER
17

MOTION for Extension of Time to Conduct Initial Attorney Conference by Nicholas C..Responses due by 6/9/2014 (Attachments: # 1 Proposed Order Proposed Order)(Sullivan, Kristine). Motions referred to Dennis Howell. (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
18

ORDER granting 17 Motion for Extension of Time to Conduct Initial Attorney Conference. The parties shall have until 06/12/2014 to conduct the Conference. Signed by Magistrate Judge Dennis Howell on 05/27/2014. (thh) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
19

CERTIFICATION of initial attorney conference and discovery plan (Sullivan, Kristine) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
20

Pretrial Order and Case Management Plan : Estimated Trial Time: 3 days. Discovery due by 3/1/2015. Motions due by 4/1/2015. Mediation deadline set for 3/15/2015. Bench Trial set for 8/31/2015 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. Signed by Magistrate Judge Dennis Howell on 6/23/14. (nv) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
21

Consent MOTION for Extension of Time of Scheduling Order Deadlines re Initial Disclosures by J. Michael Hennike, Arthur Robarge, Aldona Wos.Responses due by 7/14/2014 (Attachments: # 1 Proposed Order on consent motion)(Vysotskaya de Brito, Olga). Motions referred to Dennis Howell. Modified text on 6/30/2014 (ejb). (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
22

ORDER granting 21 Consent Motion for Extension of Time for the Parties to serve Initial Disclosures until July 3, 2014. Signed by Magistrate Judge Dennis Howell on 6/30/14. (ejb) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
23

Notice of Substitution of Counsel by Scott T. Stroud on behalf of Aldona Wos, Attorney Olga Eugenia Vysotskaya de Brito terminated. (Stroud, Scott) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
24

DESIGNATION of Mediator by all the parties. (Sullivan, Kristine) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
25

Joint MOTION for Extension of Time of Scheduling Order Deadlines Concerning Disclosure of Expert Reports by Nicholas C..Responses due by 10/6/2014 (Sullivan, Kristine). Motions referred to Dennis Howell. (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
26

ORDER granting 25 Motion for Extension of Time. Plaintiff shall have until November 12, 2014, to submit expert reports, and Defendants shall have until December 13, 2014, to submit expert reports. Signed by Magistrate Judge Dennis Howell on 9/22/14. (khm) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER
27

SECOND JOINT MOTION for Extension of Time of Scheduling Order Deadlines by Nicholas C.. Responses due by 11/24/2014 (Sullivan, Kristine). Motions referred to Dennis Howell. Modified text on 11/7/2014 (khm). (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
28

ORDER granting 27 Second Joint Motion for Extension of Time of Scheduling Order Deadlines. Plaintiff shall have until 12/1/2014 to submit expert reports, and Defendants shall have until 1/1/1205 to submit expert reports. Signed by Magistrate Judge Dennis Howell on 11/10/14. (khm) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
29

Third MOTION for Extension of Time of Scheduling Order Deadlines by Nicholas C.. Responses due by 12/15/2014 (Sullivan, Kristine). Motions referred to Dennis Howell. (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
30

ORDER granting 29 Motion for Extension of Time. Plaintiff shall have until January 19, 2015, to submit expert reports, and Defendants shall have until February 19, 2015, to submit expert reports. Signed by Magistrate Judge Dennis Howell on 12/1/2014. (klb) (Entered: 12/02/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER
31

Joint MOTION for Extension of Time of Scheduling Order Deadlines re Submission of Expert Witness Reports by Nicholas C.. Responses due by 2/2/2015 (Sullivan, Kristine). Motions referred to Dennis Howell. (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
32

ORDER granting in part and denying in part 31 Joint MOTION for Extension of Time of Scheduling Order Deadlines re Submission of Expert Witness Reports. The time for the Plaintiff to submit expert reports is continued until 1/26/2015 and the time for the Defendants to submit expert reports shall remain at 2/19/2015. All other requests made by the parties in the motion are DENIED. Signed by Magistrate Judge Dennis Howell on 1/20/2014. (khm) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

Clearinghouse
33

REPORT of Mediation. Outcome of Mediation: Completely Settled. (Sullivan, Kristine) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

Clearinghouse

TEXT-ONLY ORDER re 33 Report of Mediation. Text of Order: The parties shall have 30 days from January 28, 2015 to file a stipulation of dismissal. So Ordered. Entered at the direction of District Judge Martin Reidinger on 1/29/15. (khm)

Jan. 29, 2015

Jan. 29, 2015

PACER
34

STIPULATION of Dismissal with Prejudice by Nicholas C. (Sullivan, Kristine) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Disability Rights

Key Dates

Filing Date: March 21, 2014

Closing Date: Feb. 27, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protection and Advocacy (P&A) agency of North Carolina

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina Department of Health and Human Services, State

Facility Type(s):

Government-run

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Mental impairment