Case: B. v. Kinsley

1:22-cv-01046 | U.S. District Court for the Middle District of North Carolina

Filed Date: Dec. 6, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 6, 2022, Disability Rights North Carolina (DRNC), the NAACP, and Children's Rights filed suit on behalf of a class of North Carolina youth in foster care with mental and behavioral health. The plaintiffs filed suit in the U.S. District Court for the Middle District of North Carolina against the North Carolina Department of Health and Human Services (DHHS). The case was assigned to Judge William L. Osteen, Jr. and Magistrate Judge L. Patrick Auld.  The plaintiffs asserted that the de…

On December 6, 2022, Disability Rights North Carolina (DRNC), the NAACP, and Children's Rights filed suit on behalf of a class of North Carolina youth in foster care with mental and behavioral health. The plaintiffs filed suit in the U.S. District Court for the Middle District of North Carolina against the North Carolina Department of Health and Human Services (DHHS). The case was assigned to Judge William L. Osteen, Jr. and Magistrate Judge L. Patrick Auld. 

The plaintiffs asserted that the defendants’ actions violated the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. In particular, the plaintiffs alleged that DHHS was discriminating against children with disabilities in child welfare custody by unnecessarily segregating them from their home communities and placing them in heavily restrictive, and often clinically inappropriate, psychiatric residential treatment facilities (PRTFs). The plaintiffs requested class-wide relief and asked the Court to certify the putative class and award permanent injunctive relief.  

The plaintiffs sought class certification for those meeting the following criteria: (a) children who are or will be in North Carolina foster care, who are or will be in the custody of a North Carolina county department of social services; (b) with a mental impairment that substantially limits at least one major life activity, or a record of such an impairment; (c) who are unnecessarily institutionalized in a PRTF or who are at serious risk of such institutionalization.

On March 6, 2023, the plaintiffs filed an amended complaint, removing one of the named plaintiffs. Later that month, on March 20, the defendants moved to dismiss for failure to state a claim and lack of subject matter jurisdiction.

The United States filed a statement of interest in support of the plaintiffs' claims on April 21, 2023. The US argued that 1) the plaintiffs did not need opinions from state treatment professionals in order to establish that integrated settings were appropriate; 2) the children in state custody did not need to allege that their custodians chose community-based care; 3) pending state court proceedings about whether children should be placed in PRTFs did not prevent the plaintiffs from bringing these claims of unnecessary segregation; and 4) the plaintiffs had standing to bring claims against DHHS.

Almost a year later, on March 29, 2024, Judge Osteen denied the defendants' motion to dismiss. 2024 WL 1350071. The Court held that the Plaintiffs had established standing and that their allegations met the requirements of L.C. v. Olmstead. Under Olmstead, community placement is required when: (1) community placement is appropriate; (2) “the transfer from institutional care to a less restrictive setting is not opposed by the affected individual;” and (3) “the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities.”

The Court found that on the facts alleged, though some of the plaintiffs were frequently institutionalized, it was because of a lack of community-based alternatives, not because they required institutionalization, so the plaintiffs had still sufficiently alleged community placement was appropriate. Some plaintiffs were not in institutions but were allegedly at serious risk of being institutionalized, which is also covered by Olmstead. Second, the Court held that Olmstead did not require a minor to allege that their custodian requested community placement: the plaintiffs alleged that they desired community-based services, meeting the second Olmstead prong. Third, the Court held that plaintiffs sufficiently alleged that their placement in the community could be reasonably accommodated, stating that any inquiry into the effectiveness of the state’s plan for community-based services was not necessary at the motion to dismiss stage. Finally, the court held that the Plaintiffs’ claims were not barred by issue preclusion based on state court hearings because the state court hearings were based on individual placements and not the systemic failures alleged here. 

This case is ongoing as of April 26, 2024. 

Summary Authors

Nina Leeds (3/5/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66615478/parties/b-v-kinsley/


Judge(s)
Attorney for Plaintiff

DIXON, STEPHEN A (North Carolina)

FRYE, LINDSEY (North Carolina)

Attorney for Defendant

BROWN, CAROLINE (North Carolina)

DOTY, KENDRA (North Carolina)

Expert/Monitor/Master/Other

CRAWFORD, CASSANDRA L. (North Carolina)

show all people

Documents in the Clearinghouse

Document
1

1:22-cv-01046

Class Action Complaint for Declaratory and Injunctive Relief

Dec. 6, 2022

Dec. 6, 2022

Complaint
35

1:22-cv-01046

Amended Class Complaint for Declaratory and Injunctive Relief

March 6, 2023

March 6, 2023

Complaint
57

1:22-cv-01046

Statement of Interest of the United States of America

April 21, 2023

April 21, 2023

Statement of Interest (DOJ)
72

1:22-cv-01046

Memorandum Opinion and Order

March 29, 2024

March 29, 2024

Order/Opinion

2024 WL 1350071

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66615478/b-v-kinsley/

Last updated June 28, 2025, 1:31 a.m.

ECF Number Description Date Link Date / Link
1

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)

Dec. 6, 2022

Dec. 6, 2022

Clearinghouse
2

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
3

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
4

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
5

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
6

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
7

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
8

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
9

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
10

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

Dec. 6, 2022

Dec. 6, 2022

PACER
11

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
12

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)

Dec. 6, 2022

Dec. 6, 2022

PACER
13

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

Dec. 7, 2022

Dec. 7, 2022

PACER
14

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)

Dec. 8, 2022

Dec. 8, 2022

PACER
15

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)

Dec. 8, 2022

Dec. 8, 2022

PACER
16

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)

Dec. 8, 2022

Dec. 8, 2022

PACER

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

Dec. 9, 2022

Dec. 9, 2022

PACER
17

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

Dec. 9, 2022

Dec. 9, 2022

PACER
18

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

Dec. 9, 2022

Dec. 9, 2022

PACER

Case Assigned

Dec. 9, 2022

Dec. 9, 2022

PACER

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)

Dec. 14, 2022

Dec. 14, 2022

PACER

Motions Submitted

Dec. 14, 2022

Dec. 14, 2022

PACER
19

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

Dec. 26, 2022

Dec. 26, 2022

PACER
20

(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)

Dec. 26, 2022

Dec. 26, 2022

PACER
21

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)

Dec. 26, 2022

Dec. 26, 2022

PACER

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)

Dec. 27, 2022

Dec. 27, 2022

PACER

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)

Dec. 27, 2022

Dec. 27, 2022

PACER

Motions No Longer Submitted

Dec. 27, 2022

Dec. 27, 2022

PACER

Motions Submitted

Dec. 27, 2022

Dec. 27, 2022

PACER
22

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)

Dec. 28, 2022

Dec. 28, 2022

PACER
23

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)

Jan. 6, 2023

Jan. 6, 2023

PACER
24

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)

Jan. 6, 2023

Jan. 6, 2023

PACER
25

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)

Jan. 6, 2023

Jan. 6, 2023

PACER
26

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)

Jan. 6, 2023

Jan. 6, 2023

PACER
27

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)

Jan. 25, 2023

Jan. 25, 2023

PACER

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)

Jan. 25, 2023

Jan. 25, 2023

PACER

Order on Motion for Extension of Time to Answer

Jan. 25, 2023

Jan. 25, 2023

PACER
28

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)

Jan. 27, 2023

Jan. 27, 2023

PACER
29

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)

Jan. 27, 2023

Jan. 27, 2023

PACER

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)

Jan. 31, 2023

Jan. 31, 2023

PACER

Motions Submitted

Jan. 31, 2023

Jan. 31, 2023

PACER
30

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)

Feb. 6, 2023

Feb. 6, 2023

PACER
31

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)

Feb. 24, 2023

Feb. 24, 2023

PACER
32

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)

Feb. 24, 2023

Feb. 24, 2023

PACER

Motions Submitted

Feb. 27, 2023

Feb. 27, 2023

PACER

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)

Feb. 27, 2023

Feb. 27, 2023

PACER
33

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)

Feb. 27, 2023

Feb. 27, 2023

PACER
34

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)

March 6, 2023

March 6, 2023

PACER
35

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)

March 6, 2023

March 6, 2023

Clearinghouse
36

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)

March 6, 2023

March 6, 2023

PACER
37

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)

March 6, 2023

March 6, 2023

PACER
38

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)

March 6, 2023

March 6, 2023

PACER
39

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)

March 17, 2023

March 17, 2023

PACER
40

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

View on PACER

March 20, 2023

March 20, 2023

PACER
41

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)

View on PACER

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

View on PACER

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

View on PACER

March 20, 2023

March 20, 2023

PACER
42

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)

March 20, 2023

March 20, 2023

PACER
43

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)

March 20, 2023

March 20, 2023

PACER
44

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)

March 27, 2023

March 27, 2023

PACER
45

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)

March 27, 2023

March 27, 2023

PACER
46

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)

March 27, 2023

March 27, 2023

PACER
47

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)

March 30, 2023

March 30, 2023

PACER

Motions Submitted

March 31, 2023

March 31, 2023

PACER

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)

March 31, 2023

March 31, 2023

PACER
48

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)

April 4, 2023

April 4, 2023

PACER

Motions Submitted

April 4, 2023

April 4, 2023

PACER

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)

April 4, 2023

April 4, 2023

PACER
49

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)

April 7, 2023

April 7, 2023

PACER
50

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)

April 7, 2023

April 7, 2023

PACER
51

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)

April 7, 2023

April 7, 2023

PACER
52

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)

April 7, 2023

April 7, 2023

PACER
53

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)

April 10, 2023

April 10, 2023

PACER

Motions Submitted

April 12, 2023

April 12, 2023

PACER

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)

April 12, 2023

April 12, 2023

PACER
54

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)

April 14, 2023

April 14, 2023

RECAP
55

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)

April 18, 2023

April 18, 2023

PACER
56

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)

April 18, 2023

April 18, 2023

PACER
57

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

April 21, 2023

April 21, 2023

PACER
58

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)

April 24, 2023

April 24, 2023

PACER

Motions Submitted

April 25, 2023

April 25, 2023

PACER

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)

April 25, 2023

April 25, 2023

PACER
59

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)

April 25, 2023

April 25, 2023

PACER
60

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)

April 25, 2023

April 25, 2023

PACER
61

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)

June 26, 2023

June 26, 2023

PACER
62

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)

June 28, 2023

June 28, 2023

PACER
63

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)

June 28, 2023

June 28, 2023

PACER

Order

Aug. 15, 2023

Aug. 15, 2023

PACER

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)

Aug. 15, 2023

Aug. 15, 2023

PACER
64

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)

Aug. 18, 2023

Aug. 18, 2023

PACER
65

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

Aug. 21, 2023

Aug. 21, 2023

PACER
66

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)

Aug. 22, 2023

Aug. 22, 2023

PACER
67

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)

Aug. 22, 2023

Aug. 22, 2023

PACER
68

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)

Sept. 1, 2023

Sept. 1, 2023

PACER
69

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)

Sept. 15, 2023

Sept. 15, 2023

PACER

Motions Referred

Sept. 25, 2023

Sept. 25, 2023

PACER

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

Sept. 25, 2023

Sept. 25, 2023

PACER
70

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)

Sept. 26, 2023

Sept. 26, 2023

PACER
71

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)

Sept. 27, 2023

Sept. 27, 2023

PACER
72

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)

March 29, 2024

March 29, 2024

Clearinghouse
73

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)

March 29, 2024

March 29, 2024

PACER
74

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

April 8, 2024

April 8, 2024

PACER

Case Details