Case: Black Polaski v. Stein

COMPLAINT against Josh Stein ( Filing fee $ 405 receipt number ANCEDC-7417676.), filed by Morag Black Polaski, North Carolina Justice For All Project, Shawana Almendarez. (Attachments: # 1 Exhibit A - Guidelines on the Use of Paralegals, # 2 Exhibit B- UPL FAQs, # 3 Exhibit C - NC eCourts Guide and File Disclaimers Page, # 4 Civil Cover Sheet, # 5 Proposed Summons) (Eisinger, Vince) (Entered: 01/04/2024)

1 Exhibit A - Guidelines on the Use of Paralegals

View on PACER

2 Exhibit B- UPL FAQs

View on PACER

3 Exhibit C - NC eCourts Guide and File Disclaimers Page

View on PACER

4 Civil Cover Sheet

View on PACER

5 Proposed Summons

View on PACER

Notice of Appearance filed by Vince R. Eisinger on behalf of All Plaintiffs. (Eisinger, Vince) (Entered: 01/04/2024)

Financial Disclosure Statement by Morag Black Polaski (Eisinger, Vince) (Entered: 01/04/2024)

Financial Disclosure Statement by Shawana Almendarez (Eisinger, Vince) (Entered: 01/04/2024)

Financial Disclosure Statement by North Carolina Justice For All Project (Eisinger, Vince) (Entered: 01/04/2024)

Notice of Special Appearance for non-district by Paul Sherman on behalf of All Plaintiffs. (Sherman, Paul) (Entered: 01/04/2024)

Notice of Special Appearance for non-district by Christian W Lansinger on behalf of All Plaintiffs. (Lansinger, Christian) (Entered: 01/04/2024)

Summons Issued as to Josh Stein. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) (Entered: 01/04/2024)

SUMMONS Returned Executed by Morag Black Polaski, North Carolina Justice For All Project, Shawana Almendarez. Josh Stein served on 1/5/2024, answer due 1/26/2024. (Sherman, Paul) (Entered: 01/09/2024)

Notice of Appearance filed by Carl M. Newman on behalf of All Defendants. (Newman, Carl) (Entered: 01/19/2024)

Financial Disclosure Statement by Josh Stein (Newman, Carl) (Entered: 01/19/2024)

MOTION for Extension of Time to File Answer filed by Josh Stein. (Attachments: # 1 Text of Proposed Order) (Newman, Carl) (Entered: 01/19/2024)

Motion Referred to Clerk

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 12 MOTION for Extension of Time to File Answer. (Stouch, L.)

Order on Motion for Extension of Time to Answer

TEXT ORDER granting Defendant's Motion for Extension of Time 12 . For good cause shown, it is ordered that Defendant has up to and including February 26, 2024, within which to answer or otherwise respond to the Complaint 1 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/22/2024. (Hockaday, A.)

Case Selected for Mediation

Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Sellers, N.)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction filed by Josh Stein. (Newman, Carl) (Entered: 02/26/2024)

Memorandum in Support regarding 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Josh Stein. (Newman, Carl) (Entered: 02/26/2024)

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 2/26/2024. (Stouch, L.) (Entered: 02/26/2024)

AMENDED COMPLAINT against Ernie Lee, Benjamin R. David, Nancy Lorrin Freeman, Ashlie Shanley, Spencer B. Merriweather III, A. Todd Brown, filed by Morag Black Polaski, North Carolina Justice For All Project, Shawana Almendarez. (Attachments: # 1 Proposed Summons Ernie Lee, in his official capacity, # 2 Proposed Summons Benjamin R. David, in his official capacity, # 3 Proposed Summons Nancy Lorrin Freeman, in her official capacity, # 4 Proposed Summons Ashlie Shanley, in her official capacity, # 5 Proposed Summons Spencer B. Merriweather III, in his official capacity, # 6 Proposed Summons A. Todd Brown, in his official capacity) (Sherman, Paul) (Entered: 03/18/2024)

1 Proposed Summons Ernie Lee, in his official capacity

View on PACER

2 Proposed Summons Benjamin R. David, in his official capacity

View on PACER

3 Proposed Summons Nancy Lorrin Freeman, in her official capacity

View on PACER

4 Proposed Summons Ashlie Shanley, in her official capacity

View on PACER

5 Proposed Summons Spencer B. Merriweather III, in his official capacity

View on PACER

6 Proposed Summons A. Todd Brown, in his official capacity

View on PACER

Notice filed by Shawana Almendarez, Morag Black Polaski, North Carolina Justice For All Project regarding 16 Amended Complaint,, . (Attachments: # 1 Exhibit A to First Amended Complaint, # 2 Exhibit B to First Amended Complaint, # 3 Exhibit C to First Amended Complaint) (Sherman, Paul) (Entered: 03/18/2024)

1 Exhibit A to First Amended Complaint

View on PACER

2 Exhibit B to First Amended Complaint

View on PACER

3 Exhibit C to First Amended Complaint

View on PACER

Summonses Issued as to A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Sellers, N.) (Entered: 03/21/2024)

Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. A. Todd Brown waiver sent on 3/21/2024, answer due 5/20/2024. (Sherman, Paul) (Entered: 03/21/2024)

Notice of Appearance filed by Alan W. Duncan on behalf of A. Todd Brown. (Duncan, Alan) (Entered: 03/22/2024)

Notice of Appearance filed by Stephen McDaniel Russell, Jr on behalf of A. Todd Brown. (Russell, Stephen) (Entered: 03/22/2024)

Financial Disclosure Statement by A. Todd Brown (Russell, Stephen) (Entered: 03/22/2024)

Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Ernie Lee waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) (Entered: 03/22/2024)

Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Benjamin R. David waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) (Entered: 03/22/2024)

Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Nancy Lorrin Freeman waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) (Entered: 03/22/2024)

Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Ashlie Shanley waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) (Entered: 03/22/2024)

Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Spencer B. Merriweather III waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) (Entered: 03/22/2024)

Motion Submitted

Motion Submitted to District Judge Terrence W. Boyle regarding 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Jurisdiction. (Stouch, L.)

Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction

TEXT ORDER - In light of the filing of the amended complaint, the motion to dismiss the original complaint [DE 13] filed by defendant Stein is DENIED AS MOOT. See Fawzy v. Wauquiez Boats SNC, 873 F.3d 451, 455 (4th Cir. 2017). Entered by District Judge Terrence W. Boyle on 4/24/2023. (Stouch, L.)

Notice of Appearance filed by Chris D. Agosto Carreiro on behalf of Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Agosto Carreiro, Chris) (Entered: 05/15/2024)

Notice of Appearance filed by Elizabeth Curran O'Brien on behalf of Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (O'Brien, Elizabeth) (Entered: 05/16/2024)

Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Russell, Stephen) (Entered: 05/20/2024)

Memorandum in Support regarding 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Russell, Stephen) (Entered: 05/20/2024)

Consent MOTION for Extension of Time to File Response/Reply as to 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Shawana Almendarez, Morag Black Polaski, North Carolina Justice For All Project. (Attachments: # 1 Text of Proposed Order) (Sherman, Paul) (Entered: 05/29/2024)

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

Motion Referred to Clerk

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 32 Consent MOTION for Extension of Time to File Response as to 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Stouch, L.)

TEXT ORDER granting Plaintiffs' Unopposed Motion for Extension of Time 32 . For good cause shown, it is ordered that Plaintiffs have up to and including June 24, 2024, within which respond to the Joint Motion to Dismiss 30 . Signed by Peter A. Moore, Jr., Clerk of Court on 6/5/2024. (Hockaday, A.)

RESPONSE in Opposition regarding 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Shawana Almendarez, Morag Black Polaski, North Carolina Justice For All Project. (Sherman, Paul) (Entered: 06/24/2024)

Consent MOTION for Extension of Time to File Response/Reply as to 33 Response in Opposition to Motion, 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Joint Consent Motion for Extension of Time filed by A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Attachments: # 1 Text of Proposed Order (Proposed Order Granting Defendants' Joint Consent Motion for Extension of Time)) (Russell, Stephen) (Entered: 06/28/2024)

Motion Submitted

Motion Submitted to District Judge Terrence W. Boyle regarding 34 Consent MOTION for Extension of Time to File Reply as to 33 Response in Opposition to Motion, 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Joint Consent Motion for Extension of Time. (Stouch, L.)

ORDER granting 34 Consent MOTION for Extension of Time to File Reply as to 33 Response in Opposition to Motion. Reply due by 7/15/2024. Signed by District Judge Terrence W. Boyle on 7/3/2024. (Stouch, L.) (Entered: 07/08/2024)

REPLY to Response to Motion regarding 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Reply Brief in Support of Motion to Dismiss filed by A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Russell, Stephen) (Entered: 07/12/2024)

Set/Reset Motion and M&R Hearings

Motion Submitted

Motion Submitted to District Judge Terrence W. Boyle regarding 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Stouch, L.)

Set Hearing as to 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Motion Hearing set for 11/1/2024 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Stouch, L.)

MOTION for Hearing regarding Set/Reset Motion and M&R Hearings Unopposed Motion to Reschedule Hearing filed by A. Todd Brown. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Unopposed Motion to Reschedule Hearing) (Russell, Stephen) (Entered: 10/22/2024)

Motion Submitted

Order on Motion for Hearing

Motion Submitted to District Judge Terrence W. Boyle regarding 37 MOTION for Hearing regarding Set/Reset Motion and M&R Hearings Unopposed Motion to Reschedule Hearing. (Stouch, L.)

TEXT ORDER denying 37 Unopposed Motion to Reset Hearing. Entered by District Judge Terrence W. Boyle on 10/24/2024. (Stouch, L.)

Set/Reset Motion and M&R Hearings

Reset Hearing as to 30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Motion Hearing reset for 11/1/2024 at 10:30 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. Time change only. (Stouch, L.)

Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Motion Hearing held on 11/1/2024. All parties present and ready to proceed. Oral argument held. Written order to follow. (Court Reporter Jenny Carroll, Official Court Reporter) (Stouch, L.) (Entered: 11/04/2024)

OFFICIAL TRANSCRIPT of Proceedings on Motion to Dismiss held on 11/01/2024, before Judge Terrence W. Boyle. Court Reporter Jenny Carroll (jenny_carroll@nced.uscourts.gov). Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 12/28/2024. Redacted Transcript Deadline set for 1/7/2025. Release of Transcript Restriction set for 3/7/2025. (Carroll, Jennifer) (Entered: 12/04/2024)

Notice of Filing of Official Transcript

NOTICE of Filing of Official Transcript 39 Motion to Dismiss. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Carroll, Jennifer)

ORDER granting 30 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Terrence W. Boyle on 12/13/2024. (Stouch, L.) (Entered: 12/16/2024)

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that defendants' joint motion to dismiss [DE 30] is GRANTED. The complaint is DISMISSED in its entirety. This case is closed. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 12/16/2024. (Stouch, L.) (Entered: 12/16/2024)

Notice of Appeal filed by Morag Black Polaski, Shawana Almendarez, North Carolina Justice For All Project as to 40 Order on Motion to Dismiss for Failure to State a Claim. Filing fee, receipt number ANCEDC-7932171. (Sherman, Paul) (Entered: 01/10/2025)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding 42 Notice of Appeal. (Foell, S.) (Entered: 01/13/2025)

US Court of Appeals Case Number 25-1038 (Ganna Aboutabl, Case Manager) as to 42 Notice of Appeal filed by Shawana Almendarez, North Carolina Justice For All Project, Morag Black Polaski. (Foell, S.) (Entered: 01/15/2025)

ORDER of US Court of Appeals placing this case in abeyance pending a decision by the United States Supreme Court in 360 Virtual Drone Services LLC v. Ritter, No. 24-279. Counsel shall immediately notify this court upon issuance of a decision by the Supreme Court, as to 42 Notice of Appeal filed by Shawana Almendarez, North Carolina Justice For All Project, Morag Black Polaski. (Foell, S.) (Entered: 02/03/2025)