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)

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

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

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)

Motions Submitted

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 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

Motions 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)

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)

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)

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)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, Alternatively, for Lack of Standing by KODY H. KINSLEY. Response to Motion due by 4/10/2023 (Attachments: # 1 Text of Proposed Order)(BROWN, CAROLINE) (Entered: 03/20/2023)

1 Text of Proposed Order

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MEMORANDUM filed by Defendant KODY H. KINSLEY re 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, Alternatively, for Lack of Standing filed by KODY H. KINSLEY. (Attachments: # 1 Exhibit 1 - Flora P. 122C-224 Order (filed under seal), # 2 Exhibit 2 - Steph C. 122C-224 Order (filed under seal), # 3 Exhibit 3 - Isabella A. 122C-224 Order (filed under seal))(BROWN, CAROLINE) (Entered: 03/20/2023)

1 Exhibit 1 - Flora P. 122C-224 Order (filed under seal)

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2 Exhibit 2 - Steph C. 122C-224 Order (filed under seal)

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3 Exhibit 3 - Isabella A. 122C-224 Order (filed under seal)

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MOTION to Seal Exhibits 1-3 to Defendant's Memorandum in Support of the Motion to Dismiss [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by KODY H. KINSLEY. Response to Motion due by 4/3/2023 (BROWN, CAROLINE) (Entered: 03/20/2023)

SEALED UNREDACTED DOCUMENTS filed by Defendant KODY H. KINSLEY re 41 Memorandum,. (Attachments: # 1 Exhibit Ex. 1 - Flora P. 122C-224 Order (filed under seal), # 2 Exhibit Ex. 2 - Steph C. 122C-224 Order (filed under seal), # 3 Exhibit Ex. 3 - Isabella A. 122C-224 Order (filed under seal))(BROWN, CAROLINE) (Entered: 03/20/2023)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 3/27/2023; that Defendant's Unopposed Motion to Extend the Word Limit for the Memorandum in Support of His Motion to Dismiss, (Doc. 39 ), is GRANTED and the word limit of Defendant's memorandum in support of his motion to dismiss is hereby enlarged from 6,250 to 7,650 words. (Sheets, Jamie) (Entered: 03/27/2023)

RESPONSE re 36 MOTION to Appoint ad Litem for Named Plaintiff London R. filed by KODY H. KINSLEY. Replies due by 4/10/2023 (ROSENBERG, LARA) (Entered: 03/27/2023)

RESPONSE re 37 Supplemental MOTION to Proceed under Fictitious Name filed by KODY H. KINSLEY. Replies due by 4/10/2023 (ROSENBERG, LARA) (Entered: 03/27/2023)

JOINT MOTIONto Extend Local Rule 5.5 Report and Proposed Order Filing Deadline by KODY H. KINSLEY. (Attachments: # 1 Text of Proposed Order)(BROWN, CAROLINE) (Entered: 03/30/2023)

Motions Submitted

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 47 JOINT MOTIONto Extend Local Rule 5.5 Report and Proposed Order Filing Deadline. (Daniel, J)

Consent MOTION for Extension of Time to File Response/Reply in Opposition to Defendants Motion To Dismiss and To Exceed the Word Limit by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R.. (Attachments: # 1 Text of Proposed Order Proposed Order)(LANNING, JOSHUA) (Entered: 04/04/2023)

Motions Submitted

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 48 Consent MOTION for Extension of Time to File Response/Reply in Opposition to Defendants Motion To Dismiss and To Exceed the Word Limit. (Daniel, J)

L.R. 5.5 Report-Joint filed by all parties by KODY H. KINSLEY. (Attachments: # 1 Text of Proposed Order)(BROWN, CAROLINE) (Entered: 04/07/2023)

REPLY, filed by Plaintiffs ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R., to Response to 4 MOTION to Appoint ad Litem filed by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R.. (Attachments: # 1 Exhibit Redacted Supplemental Declaration of Jeffrey C. Holden, PH.D, # 2 Exhibit Redacted Supplemental Declaration of Robert Ward, J.D., # 3 Text of Proposed Order Proposed Order on Plaintiffs' Motion for Appointment GAL)(LANNING, JOSHUA) (Entered: 04/07/2023)

MOTION to Seal Exhibits to Reply in Support of Motion to Appoint GAL [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] 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 4/21/2023 (LANNING, JOSHUA) (Entered: 04/07/2023)

SEALED UNREDACTED DOCUMENTS to Plaintiffs' Reply in Support of Motion to Appoint GAL filed by Plaintiffs ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R., Defendant KODY H. KINSLEY re 51 Motion to Seal,. (Attachments: # 1 Exhibit Unredacted Declaration of Dr. Jeff Holden and Exhibit 1, # 2 Exhibit Unredacted Declaration of Robert Ward and Exhibit 1, # 3 Text of Proposed Order Proposed Order on Plaintiffs' Motion for Appointment GAL)(LANNING, JOSHUA) (Entered: 04/07/2023)

RESPONSE in Opposition re 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, Alternatively, for Lack of Standing filed by KODY H. KINSLEY filed by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R.. Replies due by 4/24/2023 (Attachments: # 1 Appendix of Unreported Authorities)(LUSTBADER, IRA) (Entered: 04/10/2023)

Motions Submitted

Motions Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 2 MOTION to Proceed under Fictitious Name, 4 MOTION to Appoint Guardians ad Litem, 36 MOTION to Appoint ad Litem for Named Plaintiff London R., 37 Supplemental MOTION to Proceed under Fictitious Name, and 49 L.R. 5.5 Report-Joint. (Daniel, J)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/14/2023, that the parties' joint motion, (Doc. 47 ), is GRANTED and the parties shall have until April 7, 2023, within which to file their LR 5.5 Report and Proposed Order.(Taylor, Abby) (Entered: 04/14/2023)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/18/2023, that the Parties' Report Pursuant to LR 5.5, (Doc. 49 ), is ADOPTED. IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File Under Seal, (Doc. 51 ), is GRANTED and the unredacted Declarations and Exhibits of Jeffrey C. Holden, PH.D., and Robert Ward, Esq., (Docs. 52 -1, 52 -2),filed in support of Plaintiffs' Reply in support of its Motion to Appoint Guardians ad Litem shall remain filed under seal until further order of this court.(Taylor, Abby) (Entered: 04/18/2023)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/18/2023, that Plaintiffs' Unopposed Motion for Extension of Time to File Plaintiffs' Response in Opposition to Defendant's Motion to Dismiss and to Exceed the Word Limit, (Doc. 48 ), is GRANTED and Plaintiffs shall: (1) have until April 17, 2023 to respond to Defendants Motion to Dismiss (Doc. 40 ); and (2) Plaintiffs' responsive brief shall not exceed 7,650 words.(Taylor, Abby) (Entered: 04/18/2023)

STATEMENT of Interest by Interested Party UNITED STATES OF AMERICA. (CRAWFORD, CASSANDRA) (Entered: 04/21/2023)

REPLY, filed by Defendant KODY H. KINSLEY, to Response to 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, Alternatively, for Lack of Standing filed by KODY H. KINSLEY. (BROWN, CAROLINE) (Entered: 04/24/2023)

Motions Submitted

Motions Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, Alternatively, for Lack of Standing and 42 MOTION to Seal Exhibits 1-3 to Defendant's Memorandum in Support of the Motion to Dismiss. (Daniel, J)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/25/2023; that Plaintiffs' Motion for Leave to Proceed Using Pseudonyms, (Doc. 2 ), is GRANTED and that both Parties shall proceed using pseudonyms for the Plaintiff Children, Timothy B., Flora P., Isabella A., Steph C., and any later-identified relatives. (Sheets, Jamie) (Entered: 04/25/2023)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 452023; that Plaintiffs' Supplemental Motion for Leave to Proceed Using Pseudonyms, (Doc. 37 ), is GRANTED and that the Parties shall proceed using pseudonyms for the Plaintiff Children to include newly Named Plaintiff London R., as well as any later identified relatives. (Sheets, Jamie) (Entered: 04/25/2023)

Suggestion of Subsequently Decided Authority re 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, Alternatively, for Lack of Standing by Defendant KODY H. KINSLEY. (Attachments: # 1 Exhibit Haaland v. Brackeen Slip Opinion)(BROWN, CAROLINE) (Entered: 06/26/2023)

NOTICE of Special Appearance by attorney PAIGE JENNINGS on behalf of Defendant KODY H. KINSLEY ( Filing fee $ 25 receipt number ANCMDC-3596521.) (JENNINGS, PAIGE) (Entered: 06/28/2023)

NOTICE of Special Appearance by attorney KENDRA DOTY on behalf of Defendant KODY H. KINSLEY ( Filing fee $ 25 receipt number ANCMDC-3596764.) (DOTY, KENDRA) (Entered: 06/28/2023)

Order

TEXT ORDER: After careful review of the file, this court is persuaded that the motion to appoint guardians for Timothy B., Flora P., Isabella A., and Steph C., should be granted. Because the case has proceeded and a motion to dismiss is pending, the court hereby gives notice of that preliminary finding. If either party desires to be heard further or circumstances have changed, the parties shall have until August 21, 2023 to supplement their briefing if necessary. Otherwise, an order will be entered granting the motion. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 8/15/2023.] (Welch, Kelly)

MOTION for Initial Pretrial Conference by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R.. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order)(LUSTBADER, IRA) (Entered: 08/18/2023)

Memorandum of Law BRIEF re 64 MOTION for Initial Pretrial Conference . (LUSTBADER, IRA) (Entered: 08/21/2023)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 08/22/2023, that (1) Robert Ward, Esq., is appointed as guardian ad litem for the minor children Timothy B. and Flora P., (2) Dr. Jeffrey Holden, is appointed as guardian ad litem for Isabella A. and Steph C., as set out. (Monroe, Brooke) (Entered: 08/22/2023)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 08/22/2023, that Meghann Gunderman Sehorn is appointed as guardian ad litem for London R. (Monroe, Brooke) (Entered: 08/22/2023)

RESPONSE in Opposition re 64 MOTION for Initial Pretrial Conference, filed by KODY H. KINSLEY. Replies due by 9/15/2023. (DOTY, KENDRA) (Entered: 09/01/2023)

REPLY, filed by Plaintiffs ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R., to Response to 64 MOTION for Initial Pretrial Conference. (LANNING, JOSHUA) Modified on 9/18/2023 to correct docket text. (Garland, Leah) (Entered: 09/15/2023)

Motions Referred

Motion Referred to MAG/JUDGE L. PATRICK AULD re: 64 MOTION for Initial Pretrial Conference. (Daniel, J)

Suggestion of Subsequently Decided Authority re 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, Alternatively, for Lack of Standing by Defendant KODY H. KINSLEY. (Attachments: # 1 Exhibit)(BROWN, CAROLINE) (Entered: 09/26/2023)

ORDER signed by MAG/JUDGE L. PATRICK AULD on 09/27/2023, that the instant Motion (Docket Entry 64 ) is DENIED. (Garland, Leah) (Entered: 09/27/2023)

MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/29/2024, that Defendant's Motion to Dismiss, (Doc. 40 ), is DENIED. (lg) (Entered: 03/29/2024)

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/29/2024, that Defendant's Motion for Leave to File Under Seal, (Doc. 42 ), is GRANTED. (lg) (Entered: 03/29/2024)

MOTION for Extension of Time to File Answer by KODY H. KINSLEY. (Attachments: # 1 Exhibit)(JENNINGS, PAIGE) (Entered: 04/08/2024)