1
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COMPLAINT-CLASS ACTION against EDDIE M. BUFFALOE, JR., Peter Brown, William L. Lassiter, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY ( Filing fee $ 405 receipt number ANCMDC-3735642.), filed by John Doe 1, John Doe 3, John Doe 2. (Attachments: # 1 Exhibit Washington Post Opinion, # 2 Civil Cover Sheet)(LINDHOLM, ROBERT) Modified to add wording to match the complaint on 1/8/2024 (al). (Entered: 01/08/2024)
1 Exhibit Washington Post Opinion
View on RECAP
2 Civil Cover Sheet
View on RECAP
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Jan. 8, 2024
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Jan. 8, 2024
Clearinghouse
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2
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MOTION to Proceed under Fictitious Name by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. Response to Motion due by 1/29/2024 (Attachments: # 1 Text of Proposed Order)(LINDHOLM, ROBERT) (Entered: 01/08/2024)
1 Text of Proposed Order
View on PACER
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Jan. 8, 2024
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Jan. 8, 2024
PACER
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3
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MEMORANDUM filed by Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 re 2 MOTION to Proceed under Fictitious Name filed by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (LINDHOLM, ROBERT) (Entered: 01/08/2024)
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Jan. 8, 2024
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Jan. 8, 2024
PACER
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Case Assigned
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Jan. 9, 2024
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Jan. 9, 2024
PACER
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Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOE L. WEBSTER. (al)
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Jan. 9, 2024
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Jan. 9, 2024
PACER
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4
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Summons Issued as to All Defendants. (al) (Entered: 01/10/2024)
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Jan. 10, 2024
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Jan. 10, 2024
RECAP
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5
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Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent to jurisdiction) (al) (Entered: 01/10/2024)
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Jan. 10, 2024
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Jan. 10, 2024
PACER
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Motions Referred
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Jan. 17, 2024
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Jan. 17, 2024
PACER
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Motion Referred: RE: 2 MOTION to Proceed under Fictitious Name, to MAG/JUDGE JOE L. WEBSTER (db)
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Jan. 17, 2024
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Jan. 17, 2024
PACER
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6
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NOTICE of Attorney Appearance by attorney MATTHEW T. TULCHIN on behalf of Defendants PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (TULCHIN, MATTHEW) (Entered: 01/22/2024)
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Jan. 22, 2024
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Jan. 22, 2024
PACER
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7
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Corporate Disclosure Statement. (TULCHIN, MATTHEW) (Entered: 01/22/2024)
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Jan. 22, 2024
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Jan. 22, 2024
PACER
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8
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NOTICE of Attorney Appearance by attorney ORLANDO L. RODRIGUEZ on behalf of Defendants PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (RODRIGUEZ, ORLANDO) (Entered: 01/22/2024)
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Jan. 22, 2024
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Jan. 22, 2024
PACER
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9
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NOTICE by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 of Filing Proof of Service - Brown (LINDHOLM, ROBERT) (Entered: 01/30/2024)
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Jan. 30, 2024
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Jan. 30, 2024
PACER
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10
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NOTICE by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 of Filing Proof of Service - Buffaloe (LINDHOLM, ROBERT) (Entered: 01/30/2024)
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Jan. 30, 2024
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Jan. 30, 2024
PACER
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11
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NOTICE by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 of Filing Proof of Service - Lassiter (LINDHOLM, ROBERT) (Entered: 01/30/2024)
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Jan. 30, 2024
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Jan. 30, 2024
PACER
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12
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NOTICE by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 of Filing Proof of Service - NC Dept. of Public Safety (LINDHOLM, ROBERT) (Entered: 01/30/2024)
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Jan. 30, 2024
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Jan. 30, 2024
PACER
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Set/Reset Deadlines/Hearings
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Jan. 31, 2024
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Jan. 31, 2024
PACER
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Set Answer Deadline: PETER BROWN answer due 2/20/2024; EDDIE M. BUFFALOE, JR. answer due 2/20/2024; WILLIAM L. LASSITER answer due 2/20/2024; NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY answer due 2/20/2024. (at)
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Jan. 31, 2024
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Jan. 31, 2024
PACER
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13
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Consent MOTION for Extension of Time to File Answer re 1 Complaint, by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order)(TULCHIN, MATTHEW) (Entered: 02/16/2024)
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Feb. 16, 2024
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Feb. 16, 2024
PACER
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Order on Motion for Extension of Time to Answer
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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ORDER granting 13 Motion for Extension of Time to Answer filed by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Answer due 3/21/2024. Signed by Gloria L. Powell on 2/20/2024 on behalf of John S. Brubaker, Clerk of Court. (glp) Modified on 2/20/2024 to correct Answer Due Date to 3/21/2024. (glp).
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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14
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Consent MOTION for Extension of Time to File Answer re 1 Complaint, by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order)(RODRIGUEZ, ORLANDO) (Entered: 03/18/2024)
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March 18, 2024
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March 18, 2024
PACER
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Motions Referred
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March 19, 2024
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March 19, 2024
PACER
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Motion Referred: RE: 14 Consent MOTION for Extension of Time to File Answer re 1 Complaint,, to MAG/JUDGE JOE L. WEBSTER (db)
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March 19, 2024
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March 19, 2024
PACER
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Order on Motion for Extension of Time to Answer
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March 20, 2024
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March 20, 2024
PACER
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TEXT ORDER granting 14 Defendants' Second Consent Motion for Extension of Time for Filing a Responsive Pleading. For good cause shown, Defendants shall have up to and including April 4, 2024, to file a response to Plaintiffs' Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 3/20/2024.(pl)
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March 20, 2024
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March 20, 2024
PACER
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Set/Reset Deadlines/Hearings
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March 20, 2024
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March 20, 2024
PACER
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Set Answer Deadlines: PETER BROWN answer due 4/4/2024; EDDIE M. BUFFALOE, JR. answer due 4/4/2024; WILLIAM L. LASSITER answer due 4/4/2024; NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY answer due 4/4/2024. (at)
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March 20, 2024
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March 20, 2024
PACER
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Order on Motion to Proceed under Fictitious Name
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March 25, 2024
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March 25, 2024
PACER
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TEXT ORDER granting 2 Motion to Proceed under Fictitious Name; Plaintiffs, John Doe 1, John Doe 2, and John Doe 3 ("Plaintiffs"), are minors being held in pretrial detention. (See Docket Entry 2.) Plaintiffs, by and through their parents and natural guardians ("Movants"), move the court to allow both Plaintiffs and Movants to proceed under pseudonyms. (See id.) Defendants, Eddie M. Buffaloe, Jr., William L. Lassiter, and Peter Brown ("Defendants"), who are sued in their official capacities as representatives of the Government, did not respond to the motion. Generally, "[t]he title of the complaint must name all the parties...." Fed. R. Civ. P. 10(a). "[W]hen a party seeks to litigate under a pseudonym, a district court has an independent obligation to ensure that extraordinary circumstances support such a request by balancing the party's stated interest in anonymity against the public's interest in openness and any prejudice that anonymity would pose to the opposing party." Doe v. Pub. Citizen, 749 F.3d 246, 274 (4th Cir. 2014). When making this determination, the court considers: (1) "whether the justification asserted by the requesting party...is to preserve privacy in a matter of sensitive and highly personal nature; (2) whether identification poses a risk of retaliatory physical or mental harm...; (3) the ages of the persons whose privacy interests are sought to be protected; (4) whether the action is against a governmental or private party; and, (5) relatedly, the risk of unfairness to the opposing party from allowing an action against it to proceed anonymously." Doe v. Doe, 85 F.4th 206, 211 (4th Cir. 2023) (citation and internal quotations omitted). "Despite the presumption in favor of disclosure, the Rules describe circumstances in which filings may be redacted and where access to public filings may be limited. Minors, for example, must be referred to using only their initials." G.D. v. Kannapolis City Sch. Bd. of Educ., No. 1:22CV1001, 2023 WL 2538927, at *4 (M.D.N.C. Mar. 16, 2023); Fed. R. Civ. P. 5.2(a)(3); see also Yacovelli v. Moeser, No. 1:02CV596, 2004 WL 1144183, at *6 (M.D.N.C. May 20, 2004). Here, the factors weigh in favor of granting Plaintiffs' request. First, Plaintiffs challenge the use of solitary confinement among juveniles in detention centers, which makes it possible that Plaintiffs will need to submit sensitive documents that they wish to keep private, including medical records and court records. (See Docket Entry 1 at 2.) Second, since Plaintiffs are entirely within Defendants' custody, Plaintiffs could possibly be targeted with retaliatory action. Third, Plaintiffs are minors, which weighs heavily in favor of granting the motion. Doe v. Stegall, 653 F.2d 180, 186 (5th Cir. 1981) (noting "the youth of these plaintiffs as a significant factor in the matrix of considerations arguing for anonymity"). Finally, Plaintiffs bring suit against the Government, and thus there is little risk of unfairness to the opposing party. See Doe v. N. Carolina Cent. Univ., No. 1:98CV01095, 1999 WL 1939248, at *4 (M.D.N.C. Apr. 15, 1999) (stating that actions to proceed pseudonymously against the Government are more likely to be granted because "such suits involve no injury to the Government's reputation" (internal quotation omitted)). In fact, Defendants do not oppose Plaintiffs' motion. As such, the Court grants Plaintiffs' and Movants' request to proceed pseudonymously. See G.D., No. 1:22CV1001, 2023 WL 2538927, at *4 ("recognizing that a minor child and his parents' privacy interests are intractably intertwined" (quotation omitted)). Plaintiffs shall be identified as John Doe 1, John Doe 2, and John Doe 3. Further, minors Plaintiffs' parents and natural guardians shall be identified as Jane Doe 1, Jane Doe 2, and Jane Doe 3. Issued by MAG/JUDGE JOE L. WEBSTER on 03/25/2024.(aet)
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March 25, 2024
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March 25, 2024
PACER
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15
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Consent MOTION for Protective Order by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Response to Motion due by 4/15/2024 (Attachments: # 1 Text of Proposed Order Consent Protective Order)(RODRIGUEZ, ORLANDO) (Entered: 04/01/2024)
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April 1, 2024
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April 1, 2024
PACER
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Motions Referred
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April 2, 2024
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April 2, 2024
PACER
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Motion Referred: RE: 15 Consent MOTION for Protective Order, to MAG/JUDGE JOE L. WEBSTER (db)
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April 2, 2024
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April 2, 2024
PACER
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16
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CONSENT PROTECTIVE ORDER signed by MAG/JUDGE JOE L. WEBSTER on 04/02/2024, granting 15 Motion for Protective Order as set out herein.(at) (Entered: 04/02/2024)
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April 2, 2024
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April 2, 2024
PACER
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17
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ANSWER to 1 Complaint, with Jury Demand by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (RODRIGUEZ, ORLANDO) (Entered: 04/04/2024)
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April 4, 2024
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April 4, 2024
PACER
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18
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NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 5/22/2024 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (kg) (Entered: 04/05/2024)
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April 5, 2024
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April 5, 2024
RECAP
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19
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Consent MOTION for Extension of Time To File Motion for JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 Motion for Class Certification until Within 90 days of the Parties filing of the Rule 26(f) Report by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (Attachments: # 1 Text of Proposed Order)(LINDHOLM, ROBERT) (Entered: 04/05/2024)
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April 5, 2024
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April 5, 2024
PACER
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Motions Referred
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April 8, 2024
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April 8, 2024
PACER
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Motion Referred: RE: 19 Consent MOTION for Extension of Time To File Motion for JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 Motion for Class Certification until Within 90 days of the Parties filing of the Rule 26(f) Report, to MAG/JUDGE JOE L. WEBSTER (db)
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April 8, 2024
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April 8, 2024
PACER
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Order on Motion for Extension of Time To File Motion
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April 9, 2024
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April 9, 2024
PACER
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TEXT ORDER granting 19 Plaintiffs' Consent Motion for Extension of Time to Move for Class Certification. For good cause shown, Plaintiffs' deadline for filing a motion for class determination shall be 90 days from the date upon which the parties file their Rule 26(f) report in this action. Issued by MAG/JUDGE JOE L. WEBSTER on 4/9/2024.(pl)
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April 9, 2024
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April 9, 2024
PACER
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20
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NOTICE of Special Appearance by attorney DONNA O. TILLIS on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3814853.) (TILLIS, DONNA) (Entered: 04/18/2024)
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April 18, 2024
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April 18, 2024
RECAP
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21
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NOTICE of Special Appearance by attorney YASMEEN EBBINI on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3818362.) (EBBINI, YASMEEN) (Entered: 04/24/2024)
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April 24, 2024
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April 24, 2024
PACER
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22
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***FILED IN ERROR***NOTICE of Special Appearance by attorney ROBERT L. LINDHOLM on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3819027.) (LINDHOLM, ROBERT) Modified on 4/25/2024 to mark filed in error - proper attorney to file. (sh) (Entered: 04/25/2024)
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April 25, 2024
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April 25, 2024
PACER
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23
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NOTICE of Special Appearance by attorney MATTHEW LINDENBAUM on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3819113.) (LINDENBAUM, MATTHEW) (Entered: 04/25/2024)
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April 25, 2024
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April 25, 2024
PACER
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24
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Rule 26(f) Report (Individual). Response to Motion due by 5/28/2024 by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY.(RODRIGUEZ, ORLANDO) (Entered: 05/06/2024)
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May 6, 2024
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May 6, 2024
RECAP
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25
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Rule 26(f) Report (Individual). Response to Motion due by 5/28/2024 by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3.(LINDHOLM, ROBERT) (Entered: 05/06/2024)
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May 6, 2024
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May 6, 2024
PACER
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26
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AMENDED DOCUMENT by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Amendment to 24 Rule 26(f) Report (Individual). . (RODRIGUEZ, ORLANDO) Modified on 5/14/2024 to correct event used (kg). (Entered: 05/09/2024)
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May 9, 2024
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May 9, 2024
PACER
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27
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NOTICE of Special Appearance by attorney MICHELLE DUPREY on behalf of Plaintiffs JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 ( Filing fee $ 25 receipt number ANCMDC-3832313.) (DUPREY, MICHELLE) (Entered: 05/14/2024)
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May 14, 2024
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May 14, 2024
RECAP
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Motions Referred
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May 14, 2024
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May 14, 2024
PACER
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Motions Referred: RE: 25 Rule 26(f) Report (Individual), 26 Rule 26(f) Report (Individual)., to MAG/JUDGE JOE L. WEBSTER (kg)
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May 14, 2024
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May 14, 2024
PACER
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Initial Pretrial Conference
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May 22, 2024
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May 22, 2024
PACER
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Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER in Durham: Initial Pretrial Conference held on 5/22/2024. The Court adopts the discovery schedule as set out in open court; Parties instructed to submit a Revised Joint Rule 26(f) Report and a Joint L.R. 5.5 Report within one (1) week. (Attorney(s) Robert Lindholm and Michelle Duprey appeared on behalf of Plaintiffs JOHN DOE 1, et al.; Attorney Matthew Tulchin appeared on behalf of Defendants NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, et al.; Proceedings Recorded) (dk)
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May 22, 2024
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May 22, 2024
PACER
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28
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AMENDED Rule 26(f) Report (Joint) filed by all parties by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3.(LINDHOLM, ROBERT) (Entered: 05/29/2024)
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May 29, 2024
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May 29, 2024
RECAP
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29
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L.R. 5.5 Report-Joint filed by all parties by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3.(LINDHOLM, ROBERT) (Entered: 05/29/2024)
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May 29, 2024
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May 29, 2024
PACER
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Motions Referred
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May 31, 2024
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May 31, 2024
PACER
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Motions Referred: RE: 29 L.R. 5.5 Report-Joint filed by all parties, 28 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (kg)
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May 31, 2024
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May 31, 2024
PACER
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30
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ORDER signed by MAG/JUDGE JOE L. WEBSTER on 05/31/2024. Upon review of the Joint Amended Rule 26(f) Report (Docket Entry 28 ) and the Local Rule 5.5 Report (Docket Entry 29 ), the Court ADOPTS both with the following modifications and clarification as set out herein. FURTHER ORDERED that the parties' Individual Rule 26(f) Reports (Docket Entries 25, 26 ) be TERMINATED. Discovery shall be placed on a case-management track designated in L. Civ. R. 26.1(a) as Complex. Plaintiffs' Amended Pleadings due by 8/2/2024. Defendants' Amended Pleadings due by 8/2/2024. Discovery due by 2/3/2025. Joinder of Parties for Plaintiffs due by 8/2/2024. Joinder of Parties for Defendants due by 8/2/2024. Parties agree that the mediator shall be Asa L. Bell. The Parties do not consent to the trial jurisdiction of a Magistrate Judge. Plaintiffs anticipate a trial will take approximately 3-4 weeks. Defendants anticipate trial will take approximately one week. A jury trial has not been demanded. (at) (Entered: 05/31/2024)
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May 31, 2024
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May 31, 2024
RECAP
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Working Copies Notice
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May 31, 2024
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May 31, 2024
PACER
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NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (at)
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May 31, 2024
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May 31, 2024
PACER
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Mediation Scheduling Order
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June 3, 2024
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June 3, 2024
PACER
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Case Referred to Mediation
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June 3, 2024
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June 3, 2024
PACER
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CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. (mb)
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June 3, 2024
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June 3, 2024
PACER
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MEDIATION SCHEDULING ORDER; Mediation due by 11/13/2024. (mb)
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June 3, 2024
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June 3, 2024
PACER
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Mediation Scheduling Order
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June 3, 2024
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June 3, 2024
PACER
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31
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ORDER Appointing ASA L. BELL, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (mb) (Entered: 06/03/2024)
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June 3, 2024
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June 3, 2024
PACER
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32
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Joint MOTION for Extension of Time to Submit Stipulated ESI Protocol by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (LINDHOLM, ROBERT) (Entered: 06/12/2024)
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June 12, 2024
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June 12, 2024
PACER
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Motions Referred
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June 13, 2024
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June 13, 2024
PACER
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Motion Referred: RE: 32 Joint MOTION for Extension of Time to Submit Stipulated ESI Protocol, to MAG/JUDGE JOE L. WEBSTER (db)
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June 13, 2024
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June 13, 2024
PACER
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Order on Motion for Extension of Time-Other
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June 14, 2024
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June 14, 2024
PACER
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TEXT ORDER granting 32 Joint Motion to Extend Time to File Stipulated ESI Protocol. For good cause shown, the parties shall have up to and including June 20, 2024, to submit a Stipulated Protocol regarding Electronically Stored Information. Issued by MAG/JUDGE JOE L. WEBSTER on 6/14/2024.(pl)
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June 14, 2024
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June 14, 2024
PACER
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Order on Motion for Extension of Time
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June 14, 2024
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June 14, 2024
PACER
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33
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Joint MOTION for Entry of ESI Protocol by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. Response to Motion due by 7/11/2024 (Attachments: # 1 Text of Proposed Order)(LINDHOLM, ROBERT) (Entered: 06/20/2024)
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June 20, 2024
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June 20, 2024
PACER
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Motions Referred
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June 21, 2024
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June 21, 2024
PACER
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Motion Referred: RE: 33 Joint MOTION for Entry of ESI Protocol, to MAG/JUDGE JOE L. WEBSTER (db)
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June 21, 2024
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June 21, 2024
PACER
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34
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JOINT STIPULATION TO THE PROTOCOL FOR THE PRODUCTION OF ELECTRONICALLY STORED INFORMATION signed by MAG/JUDGE JOE L. WEBSTER on 06/24/2024, that the Parties' Joint Motion (Docket Entry 33 ) is Granted and the Joint Stipulation to the Protocol for the Production of Electronically Stored Information as set forth herein is approved. (at) (Entered: 06/24/2024)
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June 24, 2024
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June 24, 2024
PACER
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35
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Emergency MOTION for interviewing juvenile witnesses Status Conference by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (Attachments: # 1 Exhibit A - 06.11.24 Plaintiffs' Requests for Entry Upon Land for Inspection, # 2 Exhibit B - Resp to Plns' Requests for Entry Upon Land, # 3 Exhibit C - John Doe v DPS - Consent of Parent Guardian or Custodian to Interview Juvenile)(LINDHOLM, ROBERT) (Entered: 07/19/2024)
1 Exhibit A - 06.11.24 Plaintiffs' Requests for Entry Upon Land for Inspectio
View on PACER
2 Exhibit B - Resp to Plns' Requests for Entry Upon Land
View on PACER
3 Exhibit C - John Doe v DPS - Consent of Parent Guardian or Custodian to Intervie
View on PACER
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July 19, 2024
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July 19, 2024
RECAP
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Motions Referred
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July 22, 2024
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July 22, 2024
PACER
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Motion Referred: RE: 35 Emergency MOTION for interviewing juvenile witnesses Status Conference, to MAG/JUDGE JOE L. WEBSTER (db)
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July 22, 2024
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July 22, 2024
PACER
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Order
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July 22, 2024
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July 22, 2024
PACER
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TEXT ORDER: Re 35 Plaintiffs' Emergency Motion for Status Conference. Plaintiffs' motion filed at approximately 5:24 pm on Friday, July 19, 2024, has come to the attention of the Court this morning. The motion requests "that this Court schedule a status conference for 9:00 AM on July 22, 2024, or sooner." (Docket Entry 35 at 4.) While understanding the urgency of Plaintiffs' request in light of the inspections of Defendants' facilities scheduled for today, July 22, 2024, and tomorrow, July 23, 2024, the Court is unable to set this matter for a hearing prior to the start of inspections. The Cout will set this matter for a telephone hearing on Wednesday, July 24, 2024, at 11:30 am to address the issues presented. Absent further agreement by the parties or until resolution of this Motion, no juveniles who are being detained shall be interviewed during the inspections of Defendants' facilities. Accordingly, IT IS HEREBY ORDERED that this matter shall be scheduled for a telephone hearing on Wednesday, July 24, 2024, at 11:30 am. Defendants shall have until Tuesday, July 23, 2024, at 12:00 Noon to file a response to Plaintiffs' Motion. IT IS FURTHER ORDERED that absent further agreement by the parties or until resolution of this Motion, no juveniles who are being detained shall be interviewed during the inspections of Defendants' facilities. The parties should meet and confer again and work diligently to resolve the issues presented. Issued by MAG/JUDGE JOE L. WEBSTER on 7/22/2024. (pl)
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July 22, 2024
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July 22, 2024
PACER
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Set/Reset Motion and R and R Deadlines/Hearings
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July 22, 2024
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July 22, 2024
PACER
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Set/Response Deadline re 35 Emergency MOTION for interviewing juvenile witnesses Status Conference : Response to Motion due by 7/23/2024. (at)
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July 22, 2024
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July 22, 2024
PACER
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36
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RESPONSE filed by Defendants PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY re 35 Emergency MOTION for interviewing juvenile witnesses Status Conference filed by JOHN DOE 2, JOHN DOE 1, JOHN DOE 3 filed by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Replies due by 8/6/2024 (Attachments: # 1 Exhibit A - Email Thread, # 2 Exhibit B - Plaintiffs' Proposed Consent Form)(RODRIGUEZ, ORLANDO) (Entered: 07/23/2024)
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July 23, 2024
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July 23, 2024
PACER
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Status Conference
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July 24, 2024
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July 24, 2024
PACER
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Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER in Durham: Telephone Status Conference held on 7/24/2024. This matter is hereby taken under advisement and the parties shall be notified of the Court's ruling at a later date. Parties instructed to provide the requested information as set out on the record to JWebster@ncmd.uscourts.gov no later than 7/26/2024. Parties further instructed to meet and confer and provide the Court with a Status Report no later than 7/31/2024. (Attended by Attorney(s) Rober Lindholm, Michelle DuPrey, and Soren Young on behalf of Plaintiffs JOHN DOE 1, et al.; Special Deputy Attorney General Orlando L. Rodriguez and Laura McHenry on behalf of Defendants NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, et al.; Proceedings Recorded) (dk)
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July 24, 2024
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July 24, 2024
PACER
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37
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JOINT STATUS REPORT filed by all parties.. (RODRIGUEZ, ORLANDO) (Entered: 07/31/2024)
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July 31, 2024
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July 31, 2024
PACER
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38
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Consent MOTION for Extension of Time to file Amended Complaint and to Move for Class Certification by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. (LINDHOLM, ROBERT) (Entered: 08/01/2024)
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Aug. 1, 2024
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Aug. 1, 2024
PACER
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Motions Referred
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Aug. 2, 2024
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Aug. 2, 2024
PACER
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Motion Referred: RE: 38 Consent MOTION for Extension of Time to file Amended Complaint and to Move for Class Certification, to MAG/JUDGE JOE L. WEBSTER (db)
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Aug. 2, 2024
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Aug. 2, 2024
PACER
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Order on Motion for Extension of Time-Other AND Order on Motion for Status Conference
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Aug. 5, 2024
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Aug. 5, 2024
PACER
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TEXT ORDER Denying without prejudice 35 Emergency Motion for Status Conference; Granting 38 Consent Motion for Extension of Time to File Amended Complaint and to Move for Class Certification. Pursuant to the hearing on July 24, 2024, the parties filed a Joint Status Report (Docket Entry 37) indicating that "they appear to be on a path toward amicably resolving their dispute regarding Plaintiffs' effort to interview non-client juveniles that are housed in North Carolina Juvenile Detention Centers." (Id. at 2.) In light of the parties' representations, the Court DENIES Plaintiffs' motion (Docket Entry 35) without prejudice to Plaintiff seeking further Court intervention on the issue of interviewing non-client juveniles housed in North Carolina Juvenile Detention Centers to the extent that any future disagreements arise. Notwithstanding such, the Court urges the parties to work cooperatively and come to resolution on this issue, and to meet and confer in an attempt to resolve any disagreements before raising such with the Court. As to Plaintiffs' Consent Motion for Extension of Time to File Amended Complaint and to Move for Class Certification (Docket Entry 38), for good cause shown, the motion is GRANTED and the deadline for Plaintiffs to request leave to amend the Complaint in this matter shall be September 3, 2024; and the deadline for Plaintiffs' class certification motion shall be September 26, 2024. Issued by MAG/JUDGE JOE L. WEBSTER on 8/5/2024.(pl)
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Aug. 5, 2024
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Aug. 5, 2024
PACER
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Order on Motion for Status Conference
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Aug. 5, 2024
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Aug. 5, 2024
PACER
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Set Deadline: Amended Complaint due by 9/3/2024. (at)
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Aug. 5, 2024
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Aug. 5, 2024
PACER
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Set/Reset Deadlines/Hearings
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Aug. 5, 2024
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Aug. 5, 2024
PACER
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Set/Reset Deadlines/Hearings
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Aug. 6, 2024
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Aug. 6, 2024
PACER
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39
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MOTION to Certify Class by JOHN DOE 1, JOHN DOE 2, JOHN DOE 3. Response to Motion due by 10/17/2024 (LINDHOLM, ROBERT) (Entered: 09/26/2024)
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Sept. 26, 2024
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Sept. 26, 2024
PACER
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40
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MEMORANDUM filed by Plaintiffs JOHN DOE 1, JOHN DOE 2 re 39 MOTION to Certify Class filed by JOHN DOE 1, JOHN DOE 2. (Attachments: # 1 Exhibit 1 - Kraus Affidavit with Exhibits, # 2 Exhibit 2 - Declaration of John Doe 1 [Redacted], # 3 Exhibit 3 - Declaration of John Doe 2 [Redacted], # 4 Exhibit 4 - Detention Services Policy (Excerpts), # 5 Exhibit 5 - Education Policies (Excerpts), # 6 Exhibit 6 - Room Confinement Logs Excerpts [Redacted], # 7 Exhibit 7 - Declaration of Lindholm, # 8 Exhibit 8 - Declaration of Lindenbaum, # 9 Exhibit 9 - Declaration of Duprey)(LINDHOLM, ROBERT) (Entered: 09/26/2024)
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Sept. 26, 2024
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Sept. 26, 2024
PACER
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41
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Joint MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Certify Class by PETER BROWN, EDDIE M. BUFFALOE, JR., WILLIAM L. LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order)(RODRIGUEZ, ORLANDO) (Entered: 10/10/2024)
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Oct. 10, 2024
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Oct. 10, 2024
PACER
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Motions Referred
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Oct. 10, 2024
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Oct. 10, 2024
PACER
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