Case: Z.S. v. Durham County

COMPLAINT against DURHAM COUNTY ( Filing fee $ 402 receipt number 0418-3119113.), filed by Z. S.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(STILES, HOLLY) (Entered: 08/24/2021)

1 Civil Cover Sheet

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2 Summons

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CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff Z. S. (STILES, HOLLY) (Entered: 08/24/2021)

NOTICE of Attorney Appearance by attorney HOLLY A. STILES on behalf of Plaintiff Z. S. (STILES, HOLLY) (Entered: 08/24/2021)

MOTION to Appoint ad Litem for minor child by Z. S.. (Attachments: # 1 Affidavit of proposed GAL, Dr. Jeffrey Holden, # 2 Text of Proposed Order)(STILES, HOLLY) (Entered: 08/24/2021)

Summons Issued as to DURHAM COUNTY. (Sheets, Jamie) (Entered: 08/24/2021)

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (Sheets, Jamie) (Entered: 08/24/2021)

Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie)

Case Assigned

NOTICE of Attorney Appearance by attorney LARISSA S. WILLIAMSON on behalf of Defendant DURHAM COUNTY (WILLIAMSON, LARISSA) (Entered: 09/08/2021)

Motions Referred

Motion Referred re: 4 MOTION to Appoint ad Litem for minor child, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DURHAM COUNTY. Response to Motion due by 10/12/2021 (WILLIAMSON, LARISSA) (Entered: 09/21/2021)

BRIEF re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (WILLIAMSON, LARISSA) (Entered: 09/21/2021)

AFFIDAVIT OF SERVICE as to DURHAM COUNTY served on 9/13/2021, answer due 10/4/2021. (STILES, HOLLY) (Entered: 09/23/2021)

Declaration of Proof of Service served on Durham County on 9/13/2021, filed by Z.S.. of Disclosure of Corporate Affiliations, Civil Cover Sheet, and Notice of Appearance of Counsel (Holly Stiles), Motion for Appointment of Guardian ad Litem, and Notice of Right to Consent to Magistrate Jurisdiction and Consent Form. (STILES, HOLLY) (Entered: 09/24/2021)

First MOTION for Extension of Time to File Response/Reply as to 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 9 Brief by Z.S.. (Attachments: # 1 Text of Proposed Order)(STILES, HOLLY) (Entered: 10/01/2021)

Motions Submitted

Motion Submitted re: 12 First MOTION for Extension of Time to File Response/Reply as to 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)

RESPONSE in Opposition re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DURHAM COUNTY, 9 Brief filed by Z.S.. (STILES, HOLLY) (Entered: 10/12/2021)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 10/13/2021; that the motion for extension, (Doc. 12 ), is GRANTED and that Plaintiff's response to Defendant's motion to dismiss filed on October 12, 2021, (Doc. 13 ), is deemed timely filed. (Sheets, Jamie) (Entered: 10/13/2021)

Set/Reset Motion and R and R Deadlines/Hearings

Set Motion Reply Deadline re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Replies due by 10/26/2021. (Sheets, Jamie)

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant DURHAM COUNTY. BETTYNA B. ABNEY is substituted as counsel for Defendant. Attorney LARISSA S. WILLIAMSON terminated. (ABNEY, BETTYNA) (Entered: 10/14/2021)

NOTICE of Attorney Appearance by attorney CATHERNINE YOON on behalf of Amicus United States of America (YOON, CATHERNINE) (Main Document 16 replaced on 10/25/2021) (Sheets, Jamie). (Entered: 10/25/2021)

STATEMENT re 9 Brief Defendant's Motion to Dismiss by Amicus United States of America. (YOON, CATHERNINE) (Entered: 10/25/2021)

MOTION for Extension of Time to File Response/Reply as to 13 Response in Opposition to Motion by DURHAM COUNTY. (Attachments: # 1 Proposed Order)(ABNEY, BETTYNA) (Entered: 10/25/2021)

NOTICE of Attorney Appearance by attorney DANIELLE BARBOUR WILSON on behalf of Defendant DURHAM COUNTY (WILSON, DANIELLE) (Entered: 11/08/2021)

NOTICE of Attorney Appearance by attorney DYLAN B. HIX on behalf of Defendant DURHAM COUNTY (HIX, DYLAN) (Entered: 11/08/2021)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 11/10/2021; that Defendant's motion for extension, (Doc. 18 ), is GRANTED and that Defendant shall have up to and including November 5, 2021, within which to file a reply to Plaintiff's response. (Sheets, Jamie) (Entered: 11/10/2021)

Motions Submitted

Motion Submitted re: 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)

ORDER signed by MAG/JUDGE L. PATRICK AULD on 12/10/2021; that the Motion (Docket Entry 4 ) is GRANTED and Dr. Jeffrey Holden is hereby appointed to serve as guardian ad litem for Z.S. in this matter. (Sheets, Jamie) (Entered: 12/10/2021)

MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 3/7/2022; that Defendant's Motion to Dismiss Complaint, (Doc. 8 ), is DENIED. (Sheets, Jamie) (Entered: 03/07/2022)

Consent MOTION for Extension of Time to File Answer by DURHAM COUNTY. (Attachments: # 1 Text of Proposed Order) (HIX, DYLAN) Modified on 3/18/2022 to remove duplicate text. (Sheets, Jamie) (Entered: 03/17/2022)

ORDER granting 24 Motion for Extension of Time to Answer for DURHAM COUNTY. Answer due by 4/4/2022. Signed by John Brubaker, Clerk of Court, on 3/18/2022. (Brubaker, John)

Order on Motion for Extension of Time to Answer

ANSWER to 1 Complaint by DURHAM COUNTY. (WILSON, DANIELLE) (Entered: 04/04/2022)

NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 5/31/2022 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) (Entered: 04/05/2022)

Rule 26(f) Report (Joint) filed by all parties by DURHAM COUNTY.(WILSON, DANIELLE) (Entered: 05/19/2022)

TEXT ORDER adopting 27 Joint Rule 26(f) Report, with the following modifications/clarifications: (1) the parties shall serve initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) by 06/03/2022; (2) the parties shall serve expert disclosures under Federal Rule of Civil Procedure 26(a)(2)(C) (just like reports from retained experts under Federal Rule of Civil Procedure 26(a)(2)(B)) by 09/16/2022; (3) the parties shall serve any rebuttal expert reports (within the meaning of Federal Rule of Civil Procedure 26(a)(2)(D)(ii)) by 10/31/2022; (4) Plaintiff shall file any motion seeking leave to amend pleadings or to add parties by 07/05/2022; (5) Defendant shall file any motion seeking leave to amend pleadings or to add parties by 07/18/2022; (6) although the Court always strives to rule on any timely filed dispostive motions sufficiently far in advance of trial to avoid waste of time and resources, this scheduling order does not guarantee the parties a ruling on any such motions in advance of the trial date; and (7) notwithstanding the statements in Paragraph 7 "that documents containing information about the minor Plaintiff Z.S. will be filed under seal" and that "[t]he parties agree to use the default procedures of LR 5.4(c) in all other circumstances," the mere fact that a document "contain[s] information about [a] minor" does not entitle the parties to file such documents under seal without following either the default procedures of LR 5.4(c) or some other approved mechanism for obtaining leave to file documents under seal, although Federal Rule of Civil Procedure 5.2(a) does require the parties to redact the full name of a minor from filings without need to obtain court leave. Issued by MAG/JUDGE L. PATRICK AULD on 05/20/2022. (AULD, L.)

Motions Referred: RE: 27 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

Motions Referred

Rule 26f - Joint

ORDER Appointing ASA L. BELL, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa) (Entered: 05/23/2022)

MEDIATION SCHEDULING ORDER; Mediation due by 11/30/2022. (Bond, Melisa)

Case Referred to Mediation

Set Scheduling Order Deadlines: Discovery shall be placed on a case-management track designated in LR 26.1 as complex. Discovery due by 11/30/2022. Mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be Asa Bell. Plaintiff's Amended Pleadings due by 7/5/2022. Defendant's Amended Pleadings due by 7/18/2022. Joinder of Parties for Plaintiff due by 7/5/2022. Joinder of Parties for Defendant due by 7/18/2022. Trial is expected to take approximately two (2) to three (3) days. (Sheets, Jamie)

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. (Bond, Melisa)

Mediation Scheduling Order

Set/Reset Scheduling Order Deadlines

Joint MOTION for Protective Order by DURHAM COUNTY. Response to Motion due by 6/21/2022. (Attachments: # 1 Text of Proposed Stipulated Protective Order) (HIX, DYLAN) (Entered: 06/06/2022)

STIPULATED PROTECTIVE ORDER granting 29 Motion for Protective Order signed by MAG/JUDGE L. PATRICK AULD on 6/8/2022 as set out herein. (Sheets, Jamie) (Entered: 06/08/2022)

Motions Referred

Motion Referred: RE: 29 Joint MOTION for Protective Order, to MAG/JUDGE L. PATRICK AULD. (Marsh, Keah)

Joint MOTION to Modify Rule 26f (Joint), by Z.S. (Attachments: # 1 Text of Proposed Order) (STILES, HOLLY) (Entered: 08/12/2022)

ORDER GRANTING JOINT MOTION TO MODIFY SCHEDULING ORDER signed by MAG/JUDGE L. PATRICK AULD on 8/17/2022; that the Court's Text Order of May 20, 2022 is modified and the Parties shall have: (1) up to and including October 21, 2022 to disclose experts and serve expert reports required by Fed. R. Civ. P. 26(a)(2)(B)&(C); and (2) up to and including November 11, 2022 to serve rebuttal expert reports. (Sheets, Jamie) (Entered: 08/17/2022)

Motions Referred

Motion Referred to MAG/JUDGE L. PATRICK AULD re: 31 Joint MOTION to Modify Rule 26f (Joint). (Daniel, J)

NOTICE of Hearing: JULY Master Trial Calendar: Jury Trial set for 7/10/2023 at 09:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. Pretrial disclosures due 6/9/2023. Motions in limine due 6/16/2023. Any objections to pretrial disclosures and responses to motions in limine due 6/23/2023. Trial brief along with proposed instructions due 6/19/2023. (Kemp, Donita) (Entered: 09/16/2022)

Joint MOTION to Stay Pending Resolution of All Claims by JEFFREY HOLDEN, Z.S.. Response to Motion due by 12/13/2022 (Attachments: # 1 Text of Proposed Order)(STILES, HOLLY) (Entered: 11/22/2022)

Motions Submitted

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 34 Joint MOTION to Stay Pending Resolution of All Claims. (Daniel, J)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 11/29/2022; that the Parties' Joint Motion to Stay Pending Resolution of all Claims, (Doc. 34 ), is GRANTED. FURTHER that this action is STAYED, through and including December 30, 2022, to allow the Parties adequate time to complete settlement negotiations and, pending the court's decision on the forthcoming motion of the terms of the settlement of the minor Plaintiff's case. (Sheets, Jamie) (Entered: 11/29/2022)

JOINT MOTION for Approval of Minor Settlement by DURHAM COUNTY. (WILSON, DANIELLE) (Entered: 12/05/2022)

MEMORANDUM filed by Defendant DURHAM COUNTY re 36 JOINT MOTION for Approval of Minor Settlement filed by DURHAM COUNTY. (Attachments: # 1 Affidavit Declaration of Dr. Jeffrey C. Holden, Ph.D., # 2 Text of Proposed Order) (WILSON, DANIELLE) (Entered: 12/05/2022)

1 Affidavit Declaration of Dr. Jeffrey C. Holden, Ph.D.

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2 Text of Proposed Order

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Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 36 JOINT MOTION for Approval of Minor Settlement. (Daniel, J)

Motions Submitted

Order

TEXT ORDER: The parties have filed a Joint Motion for Approval of Minor Settlement. (Doc. 36 .) Local Rule 17.1 requires a hearing in order to obtain court approval of a minor settlement. See LR 17.1(c)(3) ("The Court will conduct a hearing to determine whether the termination is fair, reasonable, and in the best interest of the minor..."). That rule also designates the parties who must be present unless excused by the court. See id. The parties shall review Local Rule 17.1 and prepare to proceed with a hearing. The Clerk is directed to set this matter on for hearing. Issued by JUDGE WILLIAM L. OSTEEN, JR. on 12/12/2022. (Daniel, J)

NOTICE of Hearing: Motion Hearing set for 1/5/2023 at 9:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN, JR. (Daniel, J) (Entered: 12/14/2022)

NOTICE of Rescheduling: Motion Hearing reset for 1/11/2023 at 9:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN, JR. (Daniel, J) (Entered: 12/15/2022)

Consent MOTION to Waive L.R. 17.1(c)(3)(ii)&(iv) Attendance Requirements by JEFFREY HOLDEN, Z.S.. Response to Motion due by 12/21/2022 (Attachments: # 1 Text of Proposed Order)(STILES, HOLLY) (Entered: 12/21/2022)

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 40 Consent MOTION to Waive L.R. 17.1(c)(3)(ii)&(iv) Attendance Requirements. (Daniel, J)

Motions Submitted

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 12/27/2022; that Plaintiff's Consent Motion to Excuse Attendance, or Allow Remote Attendance, at L.R. 17.1 Hearing, (Doc. 40 ), is GRANTED and Z.S. the minor Plaintiff and his family are hereby excused from attending the January 11, 2023 hearing on the Parties' Joint Motion for Approval of Minor Settlement, (Doc. 36 ). FURTHER that counsel for Plaintiff shall contact this court's case manager, Joy Daniel, to make arrangements for the minor Plaintiff and his family to appear remotely via video or telephonically. Plaintiff and his family shall be available by telephone or video at the date and time of hearing in the event the court needs to hear from the family. (Sheets, Jamie) (Entered: 12/27/2022)

Consent MOTION to Waive Excuse Attendance of Bettyna B. Abney at L.R. 17.1 Hearing by DURHAM COUNTY. Response to Motion due by 1/26/2023 (Attachments: # 1 Text of Proposed Order) (WILSON, DANIELLE) (Entered: 01/05/2023)

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 42 Consent MOTION to Waive Excuse Attendance of Bettyna B. Abney at L.R. 17.1 Hearing. (Daniel, J)

Motions Submitted

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 1/6/2023; that Defendant's Consent Motion to Excuse Attendance of Bettyna B. Abney at L.R. 17.1 Hearing, (Doc. 42 ), is GRANTED and Bettyna B. Abney is excused from appearing in person at the January 11, 2023 motion hearing. Ms. Abney is permitted to attend the hearing virtually. (Sheets, Jamie) (Entered: 01/06/2023)

Motion Hearing

Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Motion Hearing held on 1/11/2023 re: 36 JOINT MOTIONfor Approval of Minor Settlement. Attorney Holly Stiles present on behalf of the Plaintiff. Z.S. the minor Plaintiff and family participated via video. Attorneys Dylan Hix and Danielle Barbour Wilson appeared on behalf of the Defendant. Court heard arguments from the parties; Court finds proposed settlement fair and reasonable; Written Order forthcoming. (Court Reporter Joseph Armstrong.) (Daniel, J)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 1/18/2023; that the Joint Motion for Approval of Minor Settlement, (Doc. 36 ), is GRANTED, and the funds may be dispersed as set forth therein. (Sheets, Jamie) (Entered: 01/18/2023)

STIPULATION of Dismissal of both Parties with Prejudice by JEFFREY HOLDEN, Z.S.. (STILES, HOLLY) (Entered: 02/14/2023)