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1
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COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCWDC-5549958), filed by Kanautica Zayre-Brown.(Maffetore, Jaclyn) (Entered: 04/28/2022)
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April 28, 2022
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April 28, 2022
RECAP
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Case assigned to District Judge Max O. Cogburn, Jr. and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(tlj)
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April 28, 2022
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April 28, 2022
PACER
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Case Assigned/Reassigned
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April 28, 2022
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April 28, 2022
PACER
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2
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Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (tlj) (Entered: 04/29/2022)
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April 29, 2022
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April 29, 2022
PACER
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3
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WAIVER OF SERVICE Returned Executed by Kanautica Zayre-Brown. All Defendants. (Maffetore, Jaclyn) (Entered: 04/29/2022)
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April 29, 2022
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April 29, 2022
PACER
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4
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NOTICE of Appearance by Stephanie Ann Brennan on behalf of All Defendants (Brennan, Stephanie) (Entered: 05/02/2022)
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May 2, 2022
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May 2, 2022
PACER
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5
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NOTICE of Appearance by Orlando Luis Rodriguez on behalf of All Defendants (Rodriguez, Orlando) (Entered: 05/02/2022)
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May 2, 2022
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May 2, 2022
PACER
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6
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MOTION for Leave to Appear Pro Hac Vice as to Jon W. Davidson Filing fee $ 288, receipt number ANCWDC-5566242. by Kanautica Zayre-Brown. (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 05/11/2022)
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May 11, 2022
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May 11, 2022
RECAP
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7
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ORDER granting 6 Motion for Leave to Appear Pro Hac Vice added Jon W. Davidson for Kanautica Zayre-Brown (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David Keesler on 5/11/22. (mga) (Entered: 05/11/2022)
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May 11, 2022
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May 11, 2022
RECAP
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Notice to Jon W. Davidson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. File a motion pro hac vice. (Attorney served via NEF) Deadline by 5/18/2022. (mga)
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May 11, 2022
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May 11, 2022
PACER
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Notice to Jon W. Davidson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link.(Attorney served via NEF) Deadline by 5/18/2022. (mga) Modified text on 5/17/2022 (brl).
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May 11, 2022
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May 11, 2022
PACER
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Notice - Out of State Counsel
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May 11, 2022
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May 11, 2022
PACER
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8
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NOTICE of Appearance by Michele Delgado on behalf of Kanautica Zayre-Brown (Delgado, Michele) (Entered: 06/13/2022)
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June 13, 2022
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June 13, 2022
PACER
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9
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MOTION to Dismiss for Failure to State a Claim by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 7/8/2022 (Rodriguez, Orlando) (Entered: 06/24/2022)
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June 24, 2022
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June 24, 2022
PACER
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10
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MEMORANDUM in Support re 9 MOTION to Dismiss for Failure to State a Claim by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Attachments: # 1 Exhibit DPS Policy)(Rodriguez, Orlando) (Entered: 06/24/2022)
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June 24, 2022
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June 24, 2022
PACER
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11
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MOTION for Leave to Appear Pro Hac Vice as to Taylor Brown Filing fee $ 288, receipt number ANCWDC-5632709. by Kanautica Zayre-Brown. (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 06/27/2022)
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June 27, 2022
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June 27, 2022
RECAP
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12
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ORDER granting 11 Motion for Leave to Appear Pro Hac Vice added Taylor Brown for Kanautica Zayre-Brown (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David Keesler on 6/27/22. (mga) (Entered: 06/27/2022)
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June 27, 2022
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June 27, 2022
RECAP
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Notice to Taylor Brown: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 7/5/2022. (mga)
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June 27, 2022
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June 27, 2022
PACER
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Notice - Out of State Counsel
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June 27, 2022
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June 27, 2022
PACER
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13
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MOTION for Preliminary Injunction by Kanautica Zayre-Brown. Responses due by 7/12/2022 (Attachments: # 1 Exhibit 1 - Expert Declaration of Randi C. Ettner, Ph.D, # 2 Exhibit 2 - Delcaration of Kanautica Zayre-Brown, # 3 Exhibit Index) (Maffetore, Jaclyn) (Attachment 1 replaced on 7/29/2022 with corrected PDF provided by counsel. NEF regenerated.) (maf) (Entered: 06/28/2022)
1 Exhibit 1 - Expert Declaration of Randi C. Ettner, Ph.D
View on PACER
2 Exhibit 2 - Delcaration of Kanautica Zayre-Brown
View on PACER
3 Exhibit Index
View on PACER
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June 28, 2022
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June 28, 2022
RECAP
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14
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MEMORANDUM in Support re 13 MOTION for Preliminary Injunction by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 06/28/2022)
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June 28, 2022
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June 28, 2022
PACER
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15
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Joint MOTION for Extension of Time to File Response/Reply re: 9 MOTION to Dismiss for Failure to State a Claim, 13 MOTION for Preliminary Injunction by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 7/15/2022 (Rodriguez, Orlando). Modified to remove referral on 7/1/2022 (mga). (Entered: 07/01/2022)
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July 1, 2022
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July 1, 2022
PACER
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16
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ORDER granting 15 Motion for Extension of Time to File Response/Reply. Accordingly, the deadline for Plaintiff to respond to Defendants Motion to Dismiss 9, is extended up to and including July 15, 2022, and the deadline for Defendants to respond to Plaintiffs Motion for Preliminary Injunction, 13, is extended up to and including July 19, 2022. Signed by District Judge Max O. Cogburn, Jr on 7/7/2022.(ams) (Entered: 07/07/2022)
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July 7, 2022
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July 7, 2022
PACER
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17
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RESPONSE in Opposition re 9 MOTION to Dismiss for Failure to State a Claim by Kanautica Zayre-Brown. Replies due by 7/22/2022 (Maffetore, Jaclyn) (Entered: 07/15/2022)
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July 15, 2022
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July 15, 2022
PACER
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18
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RESPONSE in Opposition re 13 MOTION for Preliminary Injunction by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Replies due by 7/26/2022 (Attachments: # 1 Appendix to Response to Motion for Preliminary Injunction, # 2 Affidavit of Mingo, # 3 Affidavit of Richardson, # 4 Affidavit of Junker, # 5 Exhibit A to Affidavit of Junker, # 6 Affidavit of Boyd, # 7 Exhibit A to Affidavit of Boyd, # 8 Affidavit of Penn, # 9 Exhibit A to Affidavit of Penn)(Rodriguez, Orlando) (Entered: 07/19/2022)
1 Appendix to Response to Motion for Preliminary Injunction
View on RECAP
2 Affidavit of Mingo
View on RECAP
3 Affidavit of Richardson
View on RECAP
4 Affidavit of Junker
View on RECAP
5 Exhibit A to Affidavit of Junker
View on RECAP
6 Affidavit of Boyd
View on RECAP
7 Exhibit A to Affidavit of Boyd
View on RECAP
8 Affidavit of Penn
View on RECAP
9 Exhibit A to Affidavit of Penn
View on RECAP
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July 19, 2022
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July 19, 2022
RECAP
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19
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Consent MOTION for Extension of Time to File Response/Reply re: 13 MOTION for Preliminary Injunction by Kanautica Zayre-Brown. Responses due by 8/4/2022 (Attachments: # 1 Proposed Order) (Delgado, Michele). Modified to remove referral on 7/22/2022 (kab). (Entered: 07/21/2022)
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July 21, 2022
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July 21, 2022
PACER
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20
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ORDER granting 19 Motion for Extension of Time to File Response/Reply re: 13 MOTION for Preliminary Injunction. Response in Opposition to the Motion for Preliminary Injunction is extended up to and including August 2, 2022. Signed by District Judge Max O. Cogburn, Jr on 7/22/2022. (ams) (Entered: 07/22/2022)
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July 22, 2022
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July 22, 2022
PACER
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21
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REPLY to Response to Motion re 9 MOTION to Dismiss for Failure to State a Claim by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 07/22/2022)
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July 22, 2022
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July 22, 2022
RECAP
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22
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REPLY to Response to Motion re 13 MOTION for Preliminary Injunction by Kanautica Zayre-Brown. (Attachments: # 1 Exhibit 1 - Second Expert Declaration of Randi C. Ettner, Ph.D, # 2 Exhibit 2 - Declaration of Jaclyn Maffetore, # 3 Exhibit Index)(Maffetore, Jaclyn) (Entered: 08/02/2022)
1 Exhibit 1 - Second Expert Declaration of Randi C. Ettner, Ph.D
View on RECAP
2 Exhibit 2 - Declaration of Jaclyn Maffetore
View on RECAP
3 Exhibit Index
View on RECAP
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Aug. 2, 2022
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Aug. 2, 2022
RECAP
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NOTICE of Hearing on Motion re: 13 MOTION for Preliminary Injunction, 9 MOTION to Dismiss for Failure to State a Claim : Motion Hearing set for 8/23/2022 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams)
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Aug. 3, 2022
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Aug. 3, 2022
PACER
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Notice of Hearing on Motion
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Aug. 3, 2022
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Aug. 3, 2022
PACER
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23
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NOTICE of Supplemental Authority by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams re 9 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit 4th Cir Case Williams v. Kincaid)(Rodriguez, Orlando) (Entered: 08/17/2022)
1 Exhibit 4th Cir Case Williams v. Kincaid
View on RECAP
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Aug. 17, 2022
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Aug. 17, 2022
RECAP
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24
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NOTICE of Supplemental Authority by Kanautica Zayre-Brown re 9 MOTION to Dismiss for Failure to State a Claim, 13 MOTION for Preliminary Injunction (Maffetore, Jaclyn) (Entered: 08/17/2022)
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Aug. 17, 2022
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Aug. 17, 2022
RECAP
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Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. Re 9 MOTION to Dismiss for Failure to State a Claim, 13 MOTION for Preliminary Injunction . Motions taken under advisement, order to issue. Plaintiffs attorney: Michele Delgado, Jaclyn Maffetore, Taylor Brown. Defendants attorney: Orlando Rodriguez, Stephanie Brennan. Court reporter: Deborah Cohen-Rojas. (ams)
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Aug. 23, 2022
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Aug. 23, 2022
PACER
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Motion Hearing
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Aug. 23, 2022
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Aug. 23, 2022
PACER
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25
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ORDER denying 9 Motion to Dismiss for Failure to State a Claim; denying 13 Motion for Preliminary Injunction. Signed by District Judge Max O. Cogburn, Jr on 9/23/2022. (ams) (Entered: 09/23/2022)
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Sept. 23, 2022
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Sept. 23, 2022
RECAP
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26
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ANSWER to 1 Complaint with Jury Demand by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams.(Rodriguez, Orlando) (Entered: 10/07/2022)
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Oct. 7, 2022
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Oct. 7, 2022
PACER
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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, and if applicable, the Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 11/1/2022. (ams)
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Oct. 11, 2022
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Oct. 11, 2022
PACER
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Notice to Conduct Initial Attorneys Conference
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Oct. 11, 2022
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Oct. 11, 2022
PACER
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27
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Joint CERTIFICATION of initial attorney conference and discovery plan (Maffetore, Jaclyn) (Entered: 10/19/2022)
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Oct. 19, 2022
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Oct. 19, 2022
RECAP
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28
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Pretrial Order and Case Management Plan: Estimated Trial Time: five (5) days. Discovery due by 4/28/2023. Motions due by 5/26/2023. Mediation deadline set for 5/15/2023. Ready Date for Trial set for 10/16/2023 09:31 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. Signed by Magistrate Judge David Keesler on 10/20/22. (mga) (Entered: 10/20/2022)
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Oct. 20, 2022
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Oct. 20, 2022
RECAP
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29
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Consent MOTION for Protective Order by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 12/15/2022 (Attachments: # 1 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 12/01/2022)
1 Proposed Order
View on RECAP
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Dec. 1, 2022
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Dec. 1, 2022
RECAP
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30
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CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 12/2/2022. (brl) (Entered: 12/02/2022)
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Dec. 2, 2022
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Dec. 2, 2022
RECAP
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31
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MOTION for Leave to Appear Pro Hac Vice as to Lisa Nowlin-Sohl Filing fee $ 288, receipt number ANCWDC-5855868. by Kanautica Zayre-Brown. (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 12/07/2022)
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Dec. 7, 2022
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Dec. 7, 2022
PACER
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32
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ORDER granting 31 Motion for Leave to Appear Pro Hac Vice added Lisa Nowlin-Sohl for Kanautica Zayre-Brown (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David Keesler on 12/7/22. (mga) (Entered: 12/07/2022)
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Dec. 7, 2022
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Dec. 7, 2022
RECAP
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Notice to Lisa Nowlin-Sohl: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 12/14/2022. (mga)
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Dec. 7, 2022
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Dec. 7, 2022
PACER
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Notice - Out of State Counsel
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Dec. 7, 2022
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Dec. 7, 2022
PACER
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33
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Consent MOTION for Discovery for Leave to Depose Plaintiff by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 12/29/2022 (Attachments: # 1 Exhibit A Notice of Deposition, # 2 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 12/15/2022)
1 Exhibit A Notice of Deposition
View on PACER
2 Proposed Order
View on PACER
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Dec. 15, 2022
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Dec. 15, 2022
PACER
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34
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ORDER granting 33 Defendant's Consent Motion for Leave to Depose a Person Confined in Prison. Defendants may take the deposition of Plaintiff Kanautica Zayre-Brown as agreed by the parties and pursuant to Fed.R.Civ.P. 30(a)(2)(B). Signed by Magistrate Judge David Keesler on 12/16/22. (mga) (Entered: 12/16/2022)
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Dec. 16, 2022
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Dec. 16, 2022
RECAP
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35
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Joint MOTION for Extension of Time of Scheduling Order Deadlines by Kanautica Zayre-Brown. Responses due by 1/20/2023 (Attachments: # 1 Proposed Order) (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 01/06/2023)
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Jan. 6, 2023
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Jan. 6, 2023
PACER
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36
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ORDER granting 35 parties' Joint Motion for Extension of Certain Case Management Deadlines. The case deadlines are revised as follows: Plaintiff's Expert Reports - February 3, 2023; Defendants' Expert Reports - March 17, 2023; Amend Pleadings - April 5, 2023; Discovery Completion - May 19, 2023: Mediation Report - June 2, 2023; Dispositive Motions - June 16, 2023. Signed by Magistrate Judge David Keesler on 1/6/23. (mga) (Entered: 01/06/2023)
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Jan. 6, 2023
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Jan. 6, 2023
PACER
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37
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MOTION for Discovery Order to Submit to Rule 35 Examinations by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 3/3/2023 (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 02/17/2023)
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Feb. 17, 2023
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Feb. 17, 2023
PACER
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38
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MEMORANDUM in Support re 37 MOTION for Discovery Order to Submit to Rule 35 Examinations by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 02/17/2023)
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Feb. 17, 2023
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Feb. 17, 2023
RECAP
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39
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RESPONSE in Opposition re 37 MOTION for Discovery Order to Submit to Rule 35 Examinations by Kanautica Zayre-Brown. Replies due by 3/3/2023 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Siegel, Daniel) (Entered: 02/24/2023)
1 Exhibit
View on RECAP
2 Exhibit
View on RECAP
3 Exhibit
View on RECAP
4 Exhibit
View on RECAP
5 Exhibit
View on RECAP
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Feb. 24, 2023
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Feb. 24, 2023
RECAP
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40
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REPLY to Response to Motion re 37 MOTION for Discovery Order to Submit to Rule 35 Examinations by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 03/03/2023)
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March 3, 2023
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March 3, 2023
PACER
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41
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MOTION for Extension of Time of Scheduling Order Deadlines by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 3/27/2023 (Attachments: # 1 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 03/13/2023)
1 Proposed Order
View on PACER
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March 13, 2023
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March 13, 2023
PACER
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42
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RESPONSE to Motion re 41 MOTION for Extension of Time of Scheduling Order Deadlines by Kanautica Zayre-Brown. Replies due by 3/22/2023 (Siegel, Daniel) (Entered: 03/15/2023)
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March 15, 2023
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March 15, 2023
PACER
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43
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REPLY to Response to Motion re 41 MOTION for Extension of Time of Scheduling Order Deadlines by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 03/16/2023)
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March 16, 2023
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March 16, 2023
PACER
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44
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ORDER granting with modification 41 Defendants' Motion for Extension of Certain Case Management Deadlines. Defendants' Expert Report deadline is extended to: (1) thirty (30) days from the date of an Order allowing Defendants' Rule 35 Motion (Document No. 37); or (2) fourteen (14) days from the date of an Order denying Defendants' Rule 35 Motion (Document No. 37); or April 7, 2023, whichever is later. All other deadlines remain as previously ordered. See (Document No. 36). Signed by Magistrate Judge David Keesler on 3/16/23. (mga) (Entered: 03/16/2023)
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March 16, 2023
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March 16, 2023
RECAP
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45
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Second MOTION for Extension of Time of Scheduling Order Deadlines by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 5/25/2023 (Attachments: # 1 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 05/11/2023)
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May 11, 2023
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May 11, 2023
PACER
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46
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ORDER granting with modification 45 Second Joint Motion for the Modification of Certain Case Management Deadlines. Completion of discovery due within 45 days from the date of the provision of Defendants expert reports; mediation report due within 30 days of the completion of discovery; and dispositive motions due within 45 days of the completion of discovery. The trial date in this case remains unchanged. Signed by US Magistrate Judge David Keesler on 5/11/23. (mga) Modified text on 5/18/2023 (rth). (Entered: 05/12/2023)
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May 12, 2023
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May 12, 2023
PACER
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47
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ORDER granting in part and denying in part 37 Defendants' Motion for an Order Compelling Plaintiff to Submit to Rule 35 Examinations. Signed by US Magistrate Judge David Keesler on 6/7/23. (mga) (Entered: 06/07/2023)
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June 7, 2023
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June 7, 2023
RECAP
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48
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Consent MOTION TO EXCUSE CERTAIN NAMED DEFENDANTS FROM MEDIATION by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 7/3/2023 (Attachments: # 1 Proposed Order) (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 06/19/2023)
1 Proposed Order
View on RECAP
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June 19, 2023
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June 19, 2023
RECAP
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49
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ORDER granting 48 Motion To Excuse Certain Named Defendants From Mediation. The individual Defendants, sued in their official capacities, are excused from attending the mediated settlement conference in this matter. Signed by US Magistrate Judge David Keesler on 6/20/2023. (brl) (Entered: 06/20/2023)
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June 20, 2023
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June 20, 2023
RECAP
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50
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Consent MOTION to Substitute Party Defendants and to Amend Caption by Abhay Agarwal, Elton Amos, Eddie M. Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee, Gary Junker, Valerie Langley, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 7/5/2023 (Attachments: # 1 Proposed Order substituting parties and amending the caption) (Rodriguez, Orlando). Motions referred to David Keesler. Modified text on 6/21/2023 (rth). (Entered: 06/21/2023)
1 Proposed Order substituting parties and amending the caption
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June 21, 2023
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June 21, 2023
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51
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ORDER granting 50 Motion to Substitute Party Defendants and to Amend Caption. The North Carolina Department of Public Safety (DPS), and Eddie Buffaloe, Jr., in his official capacity as Secretary of DPS, shall be replaced as party Defendants with the North Carolina Department of Adult Correction (DAC) and Todd Ishee, as Secretary of DAC. Signed by US Magistrate Judge David Keesler on 6/21/2023. (brl) (Entered: 06/22/2023)
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June 22, 2023
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June 22, 2023
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Set/Reset Hearings
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July 12, 2023
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July 12, 2023
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Set/Reset Hearings: Jury Trial set for 10/16/2023 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. (ams)
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July 12, 2023
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July 12, 2023
PACER
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52
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Joint MOTION to Continue Docket Call/Trial by Abhay Agarwal, Elton Amos, Eddie Buffaloe, Jr, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, North Carolina Department of Public Safety, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 8/25/2023 (Rodriguez, Orlando) (Entered: 08/11/2023)
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Aug. 11, 2023
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Aug. 11, 2023
PACER
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53
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Joint MOTION to Take Deposition from Dr. Armand Antommaria Out of Time by Kanautica Zayre-Brown. Responses due by 8/29/2023 (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 08/15/2023)
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Aug. 15, 2023
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Aug. 15, 2023
PACER
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54
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ORDER granting 53 Joint Motion to Take Deposition from Dr. Antommaria. The discovery completion deadline is extended to September 7, 2023 for the limited purpose of taking the out-of-time expert deposition of Dr. Antommaria. Signed by US Magistrate Judge David Keesler on 8/16/23. (mga) (Entered: 08/16/2023)
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Aug. 16, 2023
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Aug. 16, 2023
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Set/Reset Pretrial Order Deadlines
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Aug. 16, 2023
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Aug. 16, 2023
PACER
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Set/Reset Pretrial Order Deadlines: Discovery due by 9/7/2023. (mga)
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Aug. 16, 2023
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Aug. 16, 2023
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55
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ORDER granting 52 Motion to Continue Docket Call/Trial. Jury Trial set for 1/22/2024 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. Signed by District Judge Max O. Cogburn, Jr on 8/24/2023. (brl) (Entered: 08/25/2023)
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Aug. 25, 2023
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Aug. 25, 2023
PACER
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56
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REPORT of Mediation by Asa L. Bell, Jr. (Mediator). Outcome of Mediation: Parties reached an Impasse. (Attachments: # 1 Envelope)(ef) (Entered: 09/07/2023)
1 Envelope
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Sept. 5, 2023
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Sept. 5, 2023
PACER
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57
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Joint MOTION for Leave to File Excess Pages by Kanautica Zayre-Brown. Responses due by 10/2/2023 (Maffetore, Jaclyn). Motions referred to David Keesler. (Entered: 09/18/2023)
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Sept. 18, 2023
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Sept. 18, 2023
PACER
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58
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ORDER granting 57 Joint Motion for Leave to File Excess Pages. Signed by US Magistrate Judge David Keesler on 9/18/23. (mga) (Entered: 09/18/2023)
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Sept. 18, 2023
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Sept. 18, 2023
PACER
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59
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MOTION for Summary Judgment by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 10/19/2023 (Rodriguez, Orlando) (Entered: 10/05/2023)
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Oct. 5, 2023
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Oct. 5, 2023
PACER
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60
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MEMORANDUM in Support re 59 MOTION for Summary Judgment by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 10/05/2023)
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Oct. 5, 2023
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Oct. 5, 2023
PACER
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61
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Appendix by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Appendix re: 60 Memorandum in Support of Motion,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Envelope, # 5 Envelope, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Affidavit)(Rodriguez, Orlando) (Entered: 10/05/2023)
1 Exhibit
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2 Exhibit
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3 Exhibit
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4 Envelope
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5 Envelope
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6 Exhibit
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7 Exhibit
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28 Exhibit
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29 Exhibit
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30 Exhibit
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32 Exhibit
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33 Exhibit
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34 Exhibit
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35 Exhibit
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36 Exhibit
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37 Exhibit
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38 Exhibit
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39 Exhibit
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40 Affidavit
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Oct. 5, 2023
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Oct. 5, 2023
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62
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MOTION for Partial Summary Judgment - Expedited Consideration Requested by Kanautica Zayre-Brown. Responses due by 10/19/2023 (Attachments: # 1 Exhibit Transcript Excerpts - Deposition of Sara Boyd, Ph.D., # 2 Exhibit Expert Report of Randi C. Ettner, Ph.D., # 3 Exhibit Transcript Excerpts - Deposition of Kanautica Zayre-Brown, # 4 Exhibit WPATH Standards of Care, Version 7, # 5 Exhibit Transcript Excerpts - 30(b)(6) Deposition of Arthur Campbell, M.D., # 6 Exhibit Health and Wellness Services Organization Policy, # 7 Exhibit Utilization Management Policy, # 8 Exhibit Transcript Excerpts - Deposition of Terri Catlett, # 9 Exhibit Defendants' Interrogatory Responses, # 10 Exhibit Transcript Excerpts - Deposition of Gary Junker, Ph.D., # 11 Exhibit Transcript Excerpts - Deposition of Arthur Campbell, M.D., # 12 Exhibit Transcript Excerpts - 30(6)(b) Deposition of Dr. Lewis J. Peiper, # 13 Exhibit Transcript Excerpts - Deposition of Brian Sheitman, M.D., # 14 Exhibit Transcript Excerpts - Deposition of Brandeshawn Harris, # 15 Exhibit Transcript Excerpts - Deposition of Patricia Hahn, Ph.D., # 16 Exhibit Declaration of Katherine Croft, B.S.N. R.N., # 17 Exhibit Declaration of Bradley Figler, M.D., # 18 Exhibit Declaration of Donald Caraccio, M.D., # 19 Exhibit Declaration of Jennifer Dula, MSW, # 20 Exhibit September 16, 2021 Medical Record, # 21 Exhibit November 2, 2021 Medical Record, # 22 Exhibit Transcript Excerpts - Deposition of Dr. Lewis J. Peiper, # 23 Exhibit Transcript Excerpts - Deposition of Marvella Bowman, Ph.D., # 24 Exhibit Second Declaration of Kanautica Zayre-Brown, # 25 Exhibit Transcript Excerpts - Deposition of Joseph Penn, M.D., # 26 Appendix of Exhibits) (Maffetore, Jaclyn) (Entered: 10/05/2023)
1 Exhibit Transcript Excerpts - Deposition of Sara Boyd, Ph.D.
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2 Exhibit Expert Report of Randi C. Ettner, Ph.D.
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3 Exhibit Transcript Excerpts - Deposition of Kanautica Zayre-Brown
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4 Exhibit WPATH Standards of Care, Version 7
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5 Exhibit Transcript Excerpts - 30(b)(6) Deposition of Arthur Campbell, M.D.
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6 Exhibit Health and Wellness Services Organization Policy
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7 Exhibit Utilization Management Policy
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8 Exhibit Transcript Excerpts - Deposition of Terri Catlett
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9 Exhibit Defendants' Interrogatory Responses
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10 Exhibit Transcript Excerpts - Deposition of Gary Junker, Ph.D.
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11 Exhibit Transcript Excerpts - Deposition of Arthur Campbell, M.D.
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12 Exhibit Transcript Excerpts - 30(6)(b) Deposition of Dr. Lewis J. Peiper
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13 Exhibit Transcript Excerpts - Deposition of Brian Sheitman, M.D.
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14 Exhibit Transcript Excerpts - Deposition of Brandeshawn Harris
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15 Exhibit Transcript Excerpts - Deposition of Patricia Hahn, Ph.D.
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16 Exhibit Declaration of Katherine Croft, B.S.N. R.N.
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17 Exhibit Declaration of Bradley Figler, M.D.
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18 Exhibit Declaration of Donald Caraccio, M.D.
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19 Exhibit Declaration of Jennifer Dula, MSW
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20 Exhibit September 16, 2021 Medical Record
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21 Exhibit November 2, 2021 Medical Record
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22 Exhibit Transcript Excerpts - Deposition of Dr. Lewis J. Peiper
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23 Exhibit Transcript Excerpts - Deposition of Marvella Bowman, Ph.D.
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24 Exhibit Second Declaration of Kanautica Zayre-Brown
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25 Exhibit Transcript Excerpts - Deposition of Joseph Penn, M.D.
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26 Appendix of Exhibits
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Oct. 5, 2023
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Oct. 5, 2023
PACER
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63
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MEMORANDUM in Support re 62 MOTION for Partial Summary Judgment - Expedited Consideration Requested by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 10/05/2023)
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Oct. 5, 2023
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Oct. 5, 2023
PACER
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64
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RESPONSE in Opposition re 62 MOTION for Partial Summary Judgment - Expedited Consideration Requested by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Replies due by 10/26/2023 (Rodriguez, Orlando) (Entered: 10/19/2023)
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Oct. 19, 2023
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Oct. 19, 2023
PACER
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65
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Appendix by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Appendix re: 64 Response in Opposition to Motion,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Envelope, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Rodriguez, Orlando) (Entered: 10/19/2023)
1 Exhibit
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2 Exhibit
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3 Exhibit
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4 Exhibit
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5 Exhibit
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6 Exhibit
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7 Envelope
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8 Exhibit
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9 Exhibit
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10 Exhibit
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11 Exhibit
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12 Exhibit
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15 Exhibit
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16 Exhibit
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17 Exhibit
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Oct. 19, 2023
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Oct. 19, 2023
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66
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MEMORANDUM in Opposition re 59 MOTION for Summary Judgment by Kanautica Zayre-Brown. Replies due by 10/26/2023 (Attachments: # 1 Exhibit 1 - 8/23/22 Hearing Transcript, # 2 Exhibit 2 - ADA Recommendation, # 3 Appendix of Response Exhibits)(Maffetore, Jaclyn) (Entered: 10/19/2023)
1 Exhibit 1 - 8/23/22 Hearing Transcript
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2 Exhibit 2 - ADA Recommendation
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3 Appendix of Response Exhibits
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Oct. 19, 2023
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Oct. 19, 2023
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67
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Exhibit to 62 Motion for Partial Summary Judgment (Corrected) (Maffetore, Jaclyn) Modified text on 10/24/2023 (ams). (Entered: 10/20/2023)
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Oct. 20, 2023
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Oct. 20, 2023
PACER
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68
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REPLY to Response to Motion re 62 MOTION for Partial Summary Judgment - Expedited Consideration Requested by Kanautica Zayre-Brown. (Attachments: # 1 Exhibit 1 - Expert Rebuttal Report of Dr. Ettner, # 2 Exhibit 2 - Expert Rebuttal Report of Dr. Antommaria, # 3 Appendix of Reply Exhibits)(Maffetore, Jaclyn) (Entered: 10/26/2023)
1 Exhibit 1 - Expert Rebuttal Report of Dr. Ettner
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2 Exhibit 2 - Expert Rebuttal Report of Dr. Antommaria
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3 Appendix of Reply Exhibits
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Oct. 26, 2023
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Oct. 26, 2023
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69
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REPLY to Response to Motion re 59 MOTION for Summary Judgment by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. (Rodriguez, Orlando) (Entered: 10/26/2023)
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Oct. 26, 2023
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Oct. 26, 2023
RECAP
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70
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MOTION to Strike Expert Testimony of Dr. Boyd by Kanautica Zayre-Brown. Responses due by 11/9/2023 (Attachments: # 1 Exhibit 1 - Deposition of Dr. Boyd) (Maffetore, Jaclyn) (Entered: 10/26/2023)
1 Exhibit 1 - Deposition of Dr. Boyd
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Oct. 26, 2023
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Oct. 26, 2023
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71
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Appendix by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Appendix re: 69 Reply to Response to Motion,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Rodriguez, Orlando) (Entered: 10/26/2023)
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3 Exhibit
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Oct. 26, 2023
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Oct. 26, 2023
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72
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MEMORANDUM in Support re 70 MOTION to Strike Expert Testimony of Dr. Boyd by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 10/26/2023)
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Oct. 26, 2023
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Oct. 26, 2023
RECAP
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73
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MOTION to Strike Expert Testimony of Dr. Li by Kanautica Zayre-Brown. Responses due by 11/9/2023 (Attachments: # 1 Exhibit 1 - Deposition of Dr. Li) (Maffetore, Jaclyn) (Entered: 10/26/2023)
1 Exhibit 1 - Deposition of Dr. Li
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Oct. 26, 2023
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Oct. 26, 2023
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74
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MEMORANDUM in Support re 73 MOTION to Strike Expert Testimony of Dr. Li by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 10/26/2023)
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Oct. 26, 2023
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Oct. 26, 2023
RECAP
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75
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MOTION to Strike Expert Testimony of Dr. Penn by Kanautica Zayre-Brown. Responses due by 11/9/2023 (Attachments: # 1 Exhibit 1 - Deposition of Dr. Penn) (Maffetore, Jaclyn) (Entered: 10/26/2023)
1 Exhibit 1 - Deposition of Dr. Penn
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Oct. 26, 2023
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Oct. 26, 2023
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76
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MEMORANDUM in Support re 75 MOTION to Strike Expert Testimony of Dr. Penn by Kanautica Zayre-Brown. (Maffetore, Jaclyn) (Entered: 10/26/2023)
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Oct. 26, 2023
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Oct. 26, 2023
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77
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MOTION for Extension of Time to File Response/Reply re: 70 MOTION to Strike Expert Testimony of Dr. Boyd, 73 MOTION to Strike Expert Testimony of Dr. Li, 75 MOTION to Strike Expert Testimony of Dr. Penn by Abhay Agarwal, Elton Amos, Arthur Campbell, Terri Catlett, Sarah Cobb, Brandeshawn Harris, Todd Ishee(in his official capacity as Secretary of the North Carolina Department of Adult Correction), Todd Ishee(in his official capacity as Commissioner of Prisons, Division of Prisons, North Carolina Department of Public Safety), Gary Junker, Valerie Langley, North Carolina Department of Adult Corrections, Josh Panter, Jonathan Peiper, Brian Sheitman, Charlotte Williams. Responses due by 11/13/2023 (Rodriguez, Orlando). Motions referred to David Keesler. (Entered: 10/27/2023)
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Oct. 27, 2023
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Oct. 27, 2023
PACER
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78
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MEMORANDUM in Opposition re 77 MOTION for Extension of Time to File Response/Reply re: 70 MOTION to Strike Expert Testimony of Dr. Boyd, 73 MOTION to Strike Expert Testimony of Dr. Li, 75 MOTION to Strike Expert Testimony of Dr. Penn < by Kanautica Zayre-Brown. Replies due by 11/6/2023 (Maffetore, Jaclyn) (Entered: 10/30/2023)
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Oct. 30, 2023
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Oct. 30, 2023
PACER
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79
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ORDER granting Defendants' 77 Motion for Extension of Time to File Response/Reply re: 70 MOTION to Strike Expert Testimony of Dr. Boyd, 73 MOTION to Strike Expert Testimony of Dr. Li, 75 MOTION to Strike Expert Testimony of Dr. Penn. Responses due by 12/11/2023. Signed by US Magistrate Judge David Keesler on 10/30/23. (mga) (Entered: 10/30/2023)
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Oct. 30, 2023
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Oct. 30, 2023
PACER
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Notice of Hearing on Motion
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Nov. 1, 2023
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Nov. 1, 2023
PACER
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NOTICE of Hearing on Motion re: 59 MOTION for Summary Judgment, 62 MOTION for Partial Summary Judgment - Expedited Consideration Requested : Motion Hearing set for 11/9/2023 10:15 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams)
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Nov. 1, 2023
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Nov. 1, 2023
PACER
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