Case: B. v. Kinsley

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against KODY KINSLEY ( Filing fee $ 402 receipt number ANCMDC-3442547.), filed by All Plaintiffs.(LANNING, JOSHUA) Modified on 12/7/2022 to correct party names and include full title of document. (Carter, Alexus). (Entered: 12/06/2022)

MOTION to Proceed under Fictitious Name by Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P.. Response to Motion due by 12/27/2022 (Attachments: # 1 Text of Proposed Order Proposed Order)(LANNING, JOSHUA) (Entered: 12/06/2022)

MEMORANDUM filed by Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. re 2 MOTION to Proceed under Fictitious Name filed by Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P.. (LANNING, JOSHUA) (Entered: 12/06/2022)

MOTION to Appoint ad Litem by Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P.. (Attachments: # 1 Exhibit Declaration of Jeffrey C. Holden, PH.D., # 2 Exhibit Declaration of Robert Ward, J.D., # 3 Text of Proposed Order Proposed Order)(LANNING, JOSHUA) (Entered: 12/06/2022)

NOTICE of Attorney Appearance by attorney KAITLIN M. PRICE on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. (PRICE, KAITLIN) (Entered: 12/06/2022)

NOTICE of Attorney Appearance by attorney LINDSEY FRYE on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. (FRYE, LINDSEY) (Entered: 12/06/2022)

NOTICE of Special Appearance by attorney IRA LUSTBADER on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. ( Filing fee $ 25 receipt number ANCMDC-3442763.) (LUSTBADER, IRA) (Entered: 12/06/2022)

NOTICE of Special Appearance by attorney MARISSA CHRISTINA NARDI on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. ( Filing fee $ 25 receipt number ANCMDC-3442766.) (NARDI, MARISSA) (Entered: 12/06/2022)

NOTICE of Attorney Appearance by attorney HOLLY A. STILES on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. (STILES, HOLLY) (Entered: 12/06/2022)

Corporate Disclosure Statement. (STILES, HOLLY) (Entered: 12/06/2022)

NOTICE of Special Appearance by attorney CAROLYN HITE on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. ( Filing fee $ 25 receipt number ANCMDC-3442774.) (HITE, CAROLYN) (Entered: 12/06/2022)

NOTICE of Special Appearance by attorney STEPHEN A DIXON on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. ( Filing fee $ 25 receipt number ANCMDC-3442775.) (DIXON, STEPHEN) (Entered: 12/06/2022)

Corporate Disclosure Statement identifying Corporate Parent NAACP for NORTH CAROLINA STATE CONFERENCE OF NAACP.. (PRICE, KAITLIN) (Entered: 12/07/2022)

NOTICE of Attorney Appearance by attorney IRVING L. JOYNER on behalf of Plaintiffs ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P. (JOYNER, IRVING) (Entered: 12/08/2022)

WAIVER OF SERVICE of SUMMONS by NORTH CAROLINA STATE CONFERENCE OF NAACP, STEPH C., TIMOTHY B., ISABELLA A., FLORA P., DISABILITY RIGHTS NORTH CAROLINA. KODY KINSLEY waiver sent on 12/7/2022, answer due 2/5/2023. (PRICE, KAITLIN) (Entered: 12/08/2022)

NOTICE of Special Appearance by attorney BIANCA HERLITZ-FERGUSON on behalf of Plaintiffs ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P. ( Filing fee $ 25 receipt number ANCMDC-3444489.) (HERLITZ-FERGUSON, BIANCA) (Entered: 12/08/2022)

Summons Issued as to KODY KINSLEY. (Carter, Alexus) (Entered: 12/09/2022)

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (Carter, Alexus) (Entered: 12/09/2022)

Case Assigned

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

Motions Submitted

Motions Submitted to JUDGE WILLIAM L. OSTEEN, JR., re : 2 MOTION to Proceed under Fictitious Name and 4 MOTION to Appoint ad Litem. (Daniel, J)

NOTICE of Attorney Appearance by attorney KATHERINE M. MCCRAW on behalf of Defendant KODY KINSLEY (MCCRAW, KATHERINE) (Entered: 12/26/2022)

(Filed in Error) MOTION for Extension of Time to File Response/Reply as to 3 Memorandum, 2 MOTION to Proceed under Fictitious Name, 4 MOTION to Appoint ad Litem by KODY KINSLEY. (MCCRAW, KATHERINE) Modified on 12/27/2022 to reflect filed in error - see 21 . (Daniel, J) (Entered: 12/26/2022)

MOTION for Extension of Time to File Response/Reply as to 3 Memorandum, 2 MOTION to Proceed under Fictitious Name, 4 MOTION to Appoint ad Litem by KODY KINSLEY. (Attachments: # 1 Text of Proposed Order Proposed Order)(MCCRAW, KATHERINE) (Entered: 12/26/2022)

Motions No Longer Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 2 MOTION to Proceed under Fictitious Name and 4 MOTION to Appoint ad Litem. (Daniel, J)

Motions Submitted

Motions Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 21 MOTION for Extension of Time to File Response/Reply as to 3 Memorandum, 2 MOTION to Proceed under Fictitious Name and 4 MOTION to Appoint ad Litem . (Daniel, J)

Motions No Longer Submitted

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 12/28/2022, that Defendant's Assented-To Motion for Extension of Time to Respond to Plaintiffs' Motions for Appointment of Guardians Ad Litem and to Proceed Under Pseudonyms. (Doc. 21 ), is GRANTED and Defendant shall have up to and including January 27, 2023 to respond to Plaintiffs' Motion for Leave to Proceed Using Pseudonyms and Motion for Appointment of Guardians Ad Litem, (Docs. 2, 4 ). (Taylor, Abby) (Entered: 12/28/2022)

NOTICE of Special Appearance by attorney CAROLINE BROWN on behalf of Defendant KODY KINSLEY ( Filing fee $ 25 receipt number ANCMDC-3463127.) (BROWN, CAROLINE) (Entered: 01/06/2023)

NOTICE of Special Appearance by attorney PHILIP PEISCH on behalf of Defendant KODY KINSLEY ( Filing fee $ 25 receipt number ANCMDC-3463149.) (PEISCH, PHILIP) (Entered: 01/06/2023)

NOTICE of Special Appearance by attorney JULIA SIEGENBERG on behalf of Defendant KODY KINSLEY ( Filing fee $ 25 receipt number ANCMDC-3463175.) (SIEGENBERG, JULIA) (Entered: 01/06/2023)

NOTICE of Special Appearance by attorney LARA ROSENBERG on behalf of Defendant KODY KINSLEY ( Filing fee $ 25 receipt number CNCMDC-3463180.) (ROSENBERG, LARA) (Entered: 01/06/2023)

MOTION for Extension of Time to File Answer re 1 Complaint, or Other Responsive Pleadings by KODY H. KINSLEY. (Attachments: # 1 Text of Proposed Order)(SIEGENBERG, JULIA) (Entered: 01/25/2023)

ORDER granting 27 Motion for Extension of Time to Answer for KODY H. KINSLEY. Answer due by 3/8/2023. Signed by John Brubaker, Clerk of Court, on 1/25/2023. (Brubaker, John)

Order on Motion for Extension of Time to Answer

RESPONSE filed by Defendant KODY H. KINSLEY re 2 MOTION to Proceed under Fictitious Name filed by NORTH CAROLINA STATE CONFERENCE OF NAACP, DISABILITY RIGHTS NORTH CAROLINA, FLORA P., STEPH C., ISABELLA A., TIMOTHY B. filed by KODY H. KINSLEY. Replies due by 2/10/2023 (SIEGENBERG, JULIA) (Entered: 01/27/2023)

MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Appoint ad Litem by KODY H. KINSLEY. (Attachments: # 1 Text of Proposed Order)(SIEGENBERG, JULIA) (Entered: 01/27/2023)

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 29 MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Appoint ad Litem. (Daniel, J)

Motions Submitted

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 02/06/2023, granting 29 Motion for Extension of Time to File Response/Reply. Defendant shall have until February 27, 2023 within which to respond to Plaintiffs' Motion for Appointment of Guardians Ad Litem, (Docs. 4 ). (Taylor, Abby) (Entered: 02/06/2023)

RESPONSE in Opposition re 4 MOTION to Appoint ad Litem filed by NORTH CAROLINA STATE CONFERENCE OF NAACP, DISABILITY RIGHTS NORTH CAROLINA, FLORA P., STEPH C., ISABELLA A., TIMOTHY B. as to Named Plaintiffs Timothy B., Steph C., and Flora P. filed by KODY H. KINSLEY. Replies due by 3/10/2023 (SIEGENBERG, JULIA) (Entered: 02/24/2023)

MOTION for Extension of Time to Move for Class Certification Pursuant to Local Rule 23.1 by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P.. (Attachments: # 1 Text of Proposed Order Proposed Order)(LANNING, JOSHUA) (Entered: 02/24/2023)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 02/27/2023, granting 32 Motion for Extension of Time. The deadline for Plaintiffs to file a motion for class certification is hereby extended until such time that the parties have conducted a Rule 26(f) conference and the Court establishes relevant discovery and dispositive motions deadlines, including the deadline for Plaintiffs to move for class approval. (Taylor, Abby) (Entered: 02/27/2023)

Motions Submitted

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 32 MOTION for Extension of Time to Move for Class Certification Pursuant to Local Rule 23.1. (Daniel, J)

Consent MOTION for Extension of Time to File Response/Reply by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P.. (Attachments: # 1 Exhibit Proposed Order)(LANNING, JOSHUA) (Entered: 03/06/2023)

AMENDED COMPLAINT against defendant KODY H. KINSLEY, filed by NORTH CAROLINA STATE CONFERENCE OF NAACP, ISABELLA A., FLORA P., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, LONDON R..(LANNING, JOSHUA) (Entered: 03/06/2023)

MOTION to Appoint ad Litem for Named Plaintiff London R. by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R.. (Attachments: # 1 Exhibit Declaration of Meghann Gunderman Sehorn, # 2 Exhibit Proposed Order)(LANNING, JOSHUA) (Entered: 03/06/2023)

Supplemental MOTION to Proceed under Fictitious Name by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R.. Response to Motion due by 3/27/2023 (LANNING, JOSHUA) (Entered: 03/06/2023)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/06/2023, that Plaintiffs' Motion for Extension of Time to File Plaintiffs' Reply Brief, (Doc. 34 ), is GRANTED and Plaintiffs shall have until April 10, 2023, within which to file a reply to Defendant's response, (Doc. 31 ).(Taylor, Abby) (Entered: 03/06/2023)

MOTION for Leave to File Excess Pages for the Memorandum in Support of Defendant's Motion to Dismiss by KODY H. KINSLEY. (SIEGENBERG, JULIA) (Entered: 03/17/2023)

Dismiss for Failure to State a Claim

Memorandum

Seal

SEALED Unredacted Documents (LR 5.4)

Order on Motion for Leave to File Excess Pages

Response

Response

Joint Motion

Motions Submitted

Extension of Time to File Response/Reply

Motions Submitted

L.R. 5.5 Report-Joint

Reply to Response to Motion

Seal

SEALED Unredacted Documents (LR 5.4)

Response in Opposition to Motion

Motions Submitted

Order on Joint Motion

Order on Motion for L.R. 5.5 Report-Joint AND Order on Motion to Seal

Order on Motion for Extension of Time to File Response/Reply

Statement

Reply to Response to Motion

Order on Motion to Proceed under Fictitious Name

Order on Motion to Proceed under Fictitious Name

Motions Submitted

Suggestion of Subsequently Decided Authority

Notice of Special Appearance

Notice of Special Appearance