M.D.N.C. 1:19-cv-00272 Docket
Kadel v. Folwell
No. 1:19-cv-00272, Case History (under construction)
Court: Middle District of North Carolina
Assigned to: Judge Loretta C. Biggs
Referred to: Magistrate Judge L. Patrick Auld
| Date Filed | # | Docket Text |
| 03/11/2019 | 1 | COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2527770.), filed by C.B., Connor Thonen-Fleck, Sam Silvaine, Jason Fleck, Maxwell Kadel, Julia McKeown, Michael D Bunting Jr..(RICHARDSON, AMY) (Entered: 03/11/2019) |
| 03/11/2019 | CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) (Entered: 03/11/2019) | |
| 03/11/2019 | 2 | NOTICE of Appearance by attorney TARA L. BORELLI on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (BORELLI, TARA) (Entered: 03/11/2019) |
| 03/11/2019 | 3 | NOTICE of Appearance by attorney NOAH E. LEWIS on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (LEWIS, NOAH) (Entered: 03/11/2019) |
| 03/11/2019 | 4 | NOTICE of Appearance by attorney MEREDITH T. BROWN on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (BROWN, MEREDITH) (Entered: 03/11/2019) |
| 03/11/2019 | 5 | NOTICE of Appearance by attorney OMAR F. GONZALEZ-PAGAN on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (GONZALEZ-PAGAN, OMAR) (Entered: 03/11/2019) |
| 03/11/2019 | Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAGISTRATE JUDGE L. PATRICK AULD. (Coyne, Michelle) (Entered: 03/11/2019) | |
| 03/11/2019 | 6 | Summons Issued as to All Defendants. (Coyne, Michelle) (Entered: 03/11/2019) |
| 03/11/2019 | 7 | Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 03/11/2019) |
| 03/12/2019 | 8 | NOTICE of Appearance by attorney DEEPIKA H. RAVI on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (RAVI, DEEPIKA) (Entered: 03/12/2019) |
| 03/14/2019 | 9 | WAIVER OF SERVICE Returned Executed by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. DALE FOLWELL waiver sent on 3/13/2019, answer due 5/13/2019. (RICHARDSON, AMY) (Entered: 03/14/2019) |
| 03/14/2019 | 10 | WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. DEE JONES waiver sent on 3/13/2019, answer due 5/13/2019. (RICHARDSON, AMY) (Entered: 03/14/2019) |
| 03/14/2019 | 11 | WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES waiver sent on 3/13/2019, answer due 5/13/2019. (RICHARDSON, AMY) (Entered: 03/14/2019) |
| 03/22/2019 | 12 | WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL waiver sent on 3/14/2019, answer due 5/13/2019. (RICHARDSON, AMY) (Entered: 03/22/2019) |
| 03/22/2019 | 13 | WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. UNIVERSITY OF NORTH CAROLINA AT GREENSBORO waiver sent on 3/14/2019, answer due 5/13/2019. (RICHARDSON, AMY) (Entered: 03/22/2019) |
| 03/22/2019 | 14 | WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. NORTH CAROLINA STATE UNIVERSITY waiver sent on 3/14/2019, answer due 5/13/2019. (RICHARDSON, AMY) (Entered: 03/22/2019) |
| 03/26/2019 | 15 | NOTICE of Appearance by attorney CATHERINE F. JORDAN on behalf of Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO (JORDAN, CATHERINE) (Entered: 03/26/2019) |
| 03/26/2019 | 16 | Corporate Disclosure Statement by UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (JORDAN, CATHERINE) (Entered: 03/26/2019) |
| 03/26/2019 | 17 | Corporate Disclosure Statement by NORTH CAROLINA STATE UNIVERSITY. (JORDAN, CATHERINE) (Entered: 03/26/2019) |
| 03/26/2019 | 18 | Corporate Disclosure Statement by UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL. (JORDAN, CATHERINE) (Entered: 03/26/2019) |
| 05/06/2019 | 19 | NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES (VYSOTSKAYA DE BRITO, OLGA) (Entered: 05/06/2019) |
| 05/06/2019 | 20 | Consent MOTION for Extension of Time to File Answer re 1 Complaint by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 05/06/2019) |
| 05/06/2019 | ORDER granting 21 Motion for Extension of Time to Answer for UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Answer due by 6/12/2019. Signed by John Brubaker, Clerk of Court, on 5/8/2019. (Brubaker, John) (Entered: 05/08/2019) | |
| 05/07/2019 | 21 | MOTION for Extension of Time to File Answer re 1 Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # 1 Text of Proposed Order Granting Extension of Time)(JORDAN, CATHERINE) (Entered: 05/07/2019) |
| 05/08/2019 | ORDER granting 21 Motion for Extension of Time to Answer for UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Answer due by 6/12/2019. Signed by John Brubaker, Clerk of Court, on 5/8/2019. (Brubaker, John) (Entered: 05/08/2019) | |
| 06/07/2019 | 22 | NOTICE of Appearance by attorney MARK A. JONES on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES (JONES, MARK) (Entered: 06/07/2019) |
| 06/07/2019 | 23 | NOTICE of Appearance by attorney KEVIN GUY WILLIAMS on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES (WILLIAMS, KEVIN) (Entered: 06/07/2019) |
| 06/07/2019 | 24 | MOTION for Extension of Time to File Answer or Appropriate Responsive Pleading by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(JONES, MARK) (Entered: 06/07/2019) |
| 06/10/2019 | 25 | Joint MOTION for Extension of Time to File Answer re 1 Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # 1 Text of Proposed Order Granting Extension of Time)(JORDAN, CATHERINE) (Entered: 06/10/2019) |
| 06/10/2019 | Motions Referred: RE: 24 MOTION for Extension of Time to File Answer or Appropriate Responsive Pleading, 25 Joint MOTION for Extension of Time to File Answer re 1 Complaint , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 06/10/2019) | |
| 06/11/2019 | TEXT ORDER finding as moot 24 Motion for Extension of Time and granting 25 Motion for Extension of Time. Defendants shall answer or otherwise respond by 07/08/2019. Plaintiffs shall file any response to any timely file motion to dismiss by 08/05/2019 and Defendants shall file any reply by 08/19/2019. Issued by MAG/JUDGE L. PATRICK AULD on 06/11/2019. (AULD, L.) (Entered: 06/11/2019) | |
| 06/17/2019 | 26 | NOTICE of Appearance by attorney JOHN G. KNEPPER on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES (KNEPPER, JOHN) (Entered: 06/17/2019) |
| 07/03/2019 | 27 | MOTION to Withdraw as Attorney OLGA E. VYSOTSKAYA DE BRITO by on behalf of DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Text of Proposed Order Draft Proposed Order Allowing a Motion to Withdraw)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 07/03/2019) |
| 07/03/2019 | Motion Referred: RE: 27 MOTION to Withdraw as Attorney OLGA E. VYSOTSKAYA DE BRITO , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 07/03/2019) | |
| 07/04/2019 | TEXT ORDER granting 27 Motion for Leave to Withdraw. Attorney OLGA E. VYSOTSKAYA DE BRITO is terminated as counsel of record for Defendants Dale Folwell, Dee Jones, and the North Carolina State Health Plan. Issued by MAG/JUDGE L. PATRICK AULD on 07/04/2019. (AULD, L.) (Entered: 07/04/2019) | |
| 07/05/2019 | 28 | NOTICE of Appearance by attorney SAM M. HAYES on behalf of Defendant DALE FOLWELL (HAYES, SAM) (Entered: 07/05/2019) |
| 07/08/2019 | 29 | NOTICE of Appearance by attorney KIMBERLY D. POTTER on behalf of Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO (POTTER, KIMBERLY) (Entered: 07/08/2019) |
| 07/08/2019 | 30 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Response to Motion due by 7/29/2019 (POTTER, KIMBERLY) (Entered: 07/08/2019) |
| 07/08/2019 | 31 | MEMORANDUM filed by Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # 1 Exhibit A March 20, 2019 Advisory Letter, # 2 Exhibit B June 20, 2013 Advisory Letter)(POTTER, KIMBERLY) (Entered: 07/08/2019) |
| 07/08/2019 | 32 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Response to Motion due by 7/29/2019 (WILLIAMS, KEVIN) (Entered: 07/08/2019) |
| 07/08/2019 | 33 | MEMORANDUM filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN) (Entered: 07/08/2019) |
| 08/05/2019 | 34 | RESPONSE in Opposition re 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DALE FOLWELL, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, DEE JONES filed by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Replies due by 8/19/2019 (RICHARDSON, AMY) (Entered: 08/05/2019) |
| 08/05/2019 | 35 | RESPONSE in Opposition re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO, NORTH CAROLINA STATE UNIVERSITY filed by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Replies due by 8/19/2019 (RICHARDSON, AMY) (Entered: 08/05/2019) |
| 08/14/2019 | 36 | MOTION for Extension of Time to File Response/Reply as to 35 Response in Opposition to Motion, by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # 1 Text of Proposed Order Granting Extension of Time)(JORDAN, CATHERINE) (Entered: 08/14/2019) |
| 08/14/2019 | Motion Referred: RE: 36 MOTION for Extension of Time to File Response/Reply as to 35 Response in Opposition to Motion, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 08/14/2019) | |
| 08/14/2019 | TEXT ORDER granting 36 Motion for Extension of Time. Defendants University of North Carolina at Chapel Hill, North Carolina State University, and University of North Carolina at Greensboro shall file any reply to 35 Response by 09/18/2019. Issued by MAG/JUDGE L. PATRICK AULD on 08/14/2019. (AULD, L.) (Entered: 08/14/2019) | |
| 08/19/2019 | 37 | REPLY Memorandum filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN) Modified on 8/20/2019 to correctly reflect pleading title. (Garland, Leah) (Entered: 08/19/2019) |
| 08/22/2019 | 38 | Suggestion of Subsequently Decided Authority by Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 08/22/2019) |
| 09/18/2019 | 39 | REPLY, filed by Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO, to Response to 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (JORDAN, CATHERINE) (Entered: 09/18/2019) |
| 09/23/2019 | Motions Submitted: 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 09/23/2019) | |
| 01/02/2020 | 40 | Suggestion of Subsequently Decided Authority re 34 Response in Opposition to Motion, 35 Response in Opposition to Motion, by Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 01/02/2020) |
| 02/21/2020 | 41 | MOTION for Entry of Tolling Stipulation (Unopposed) by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 02/21/2020) |
| 02/21/2020 | 42 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 41 MOTION for Entry of Tolling Stipulation (Unopposed) filed by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 02/21/2020) |
| 02/21/2020 | Motion Submitted: 41 MOTION for Entry of Tolling Stipulation (Unopposed) to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 02/21/2020) | |
| 02/26/2020 | 43 | ORDER signed by JUDGE LORETTA C. BIGGS on 02/26/2020, that the motion for approval and entry of the Tolling Stipulation is GRANTED. The Tolling Stipulation, entered on the docket as ECF No. 42 -1, shall be deemed filed as of the date of this order. (Garland, Leah) (Entered: 02/26/2020) |
| 02/28/2020 | 44 | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. AMY E. RICHARDSON is substituted as counsel for Plaintiffs. Attorney MEREDITH T. BROWN terminated. (RICHARDSON, AMY) (Entered: 02/28/2020) |
| 03/11/2020 | 45 | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 03/10/2020, that University Defendants’ Motion to Dismiss, (ECF No. 30 ), and State Defendants’ Motion to Dismiss, (ECF No. 32 ), are each DENIED in their entirety. (Garland, Leah) (Entered: 03/11/2020) |
| 03/19/2020 | 46 | MOTION for Extension of Time to File Answer re 1 Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # 1 Text of Proposed Order Proposed Order on Motion for Extension of Time)(JORDAN, CATHERINE) (Entered: 03/19/2020) |
| 03/20/2020 | ORDER granting 46 Motion for Extension of Time to Answer for NORTH CAROLINA STATE UNIVERSITY; UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL; and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Answer due by 4/24/2020. Signed by John Brubaker, Clerk of Court, on 3/20/2020. (Brubaker, John) (Entered: 03/20/2020) | |
| 03/20/2020 | 47 | Consent MOTION for Extension of Time to File Answer until April 24, 2020 by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(WILLIAMS, KEVIN) (Entered: 03/20/2020) |
| 03/23/2020 | Motion Referred: RE: 47 Consent MOTION for Extension of Time to File Answer until April 24, 2020, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 03/23/2020) | |
| 03/23/2020 | TEXT ORDER granting 47 Motion for Extension of Time. Defendants DALE FOLWELL, DEE JONES, and NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES shall answer or otherwise respond by 04/24/2020. Issued by MAG/JUDGE L. PATRICK AULD on 03/23/2020. (AULD, L.) (Entered: 03/23/2020) | |
| 04/08/2020 | 48 | NOTICE of Appearance by attorney DAVID BROWN on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (BROWN, DAVID) (Entered: 04/08/2020) |
| 04/08/2020 | 49 | NOTICE of Appearance by attorney ALEJANDRA L. CARABALLO on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (CARABALLO, ALEJANDRA) (Entered: 04/08/2020) |
| 04/08/2020 | 50 | NOTICE OF INTERLOCUTORY APPEAL as to 45 Memorandum Opinion and Order, by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Filing fee $ 505, receipt number 0418-2785530. (JONES, MARK) (Entered: 04/08/2020) |
| 04/09/2020 | 51 | Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 50 Notice of Interlocutory Appeal. (Garland, Leah) (Entered: 04/09/2020) |
| 04/09/2020 | 52 | NOTICE of Docketing Record on Appeal from USCA re 50 Notice of Interlocutory Appeal filed by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. USCA Case Manager is Cathy Poulsen. USCA Case Number 20-1409. (Garland, Leah) (Entered: 04/09/2020) |
| 04/22/2020 | 53 | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. NORA F. SULLIVAN is substituted as counsel for Defendants. Attorney CATHERINE F. JORDAN terminated. (SULLIVAN, NORA) (Entered: 04/22/2020) |
| 04/22/2020 | 54 | Consent MOTION for Extension of Time to File Answer re 1 Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # 1 Text of Proposed Order Consent Motion for Second Extension of Time to Answer)(SULLIVAN, NORA) (Entered: 04/22/2020) |
| 04/22/2020 | Motion Referred: RE: 54 Consent MOTION for Extension of Time to File Answer re 1 Complaint , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 04/22/2020) | |
| 04/23/2020 | TEXT ORDER granting 54 Consent Motion for Second Extension of Time. Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO shall answer or otherwise respond by 05/26/2020. Issued by MAG/JUDGE L. PATRICK AULD on 04/23/2020. (AULD, L.) (Entered: 04/23/2020) | |
| 04/24/2020 | 55 | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. JAMES BENJAMIN GARNER is substituted as counsel for Defendants. Attorney SAM M. HAYES terminated. (GARNER, JAMES) (Entered: 04/24/2020) |
| 04/24/2020 | 56 | ANSWER to 1 Complaint with Jury Demand by DALE FOLWELL, DEE JONES. (JONES, MARK) (Entered: 04/24/2020) |
| 05/20/2020 | 57 | NOTICE of Appearance by attorney ZACHARY A. PADGET on behalf of Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO (PADGET, ZACHARY) (Entered: 05/20/2020) |
| 05/20/2020 | 58 | Consent MOTION for Extension of Time to File Answer re 1 Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # 1 Text of Proposed Order Consent Motion for Third Extension of Time to Answer)(SULLIVAN, NORA) (Entered: 05/20/2020) |
| 05/21/2020 | TEXT ORDER granting 58 Consent Motion for Third Extension of Time. Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO shall answer or otherwise respond by 06/09/2020. Issued by MAG/JUDGE L. PATRICK AULD on 05/21/2020. (AULD, L.) (Entered: 05/21/2020) | |
| 06/09/2020 | 59 | ANSWER to 1 Complaint with Jury Demand by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (SULLIVAN, NORA) (Entered: 06/09/2020) |
| 06/10/2020 | 60 | NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/3/2020 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) (Entered: 06/10/2020) |
| 07/29/2020 | 61 | Rule 26(f) Report (Joint) filed by all parties by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK.(RICHARDSON, AMY) (Entered: 07/29/2020) |
| 07/30/2020 | Motions Referred: RE: 61 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) (Entered: 07/30/2020) | |
| 08/03/2020 | 62 | MOTION to Amend 1 Complaint by MAXWELL KADEL. Response to Motion due by 8/24/2020 (Attachments: # 1 Exhibit A – Amended Complaint, # 2 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 08/03/2020) |
| 08/13/2020 | TEXT ORDER adopting 61 Joint Report pursuant to Federal Rule of Civil Procedure 26(f). Issued by MAG/JUDGE L. PATRICK AULD on 08/13/2020. (AULD, L.) (Entered: 08/13/2020) | |
| 08/14/2020 | Set Scheduling Order Deadlines: Discovery shall be established as Exceptional. Mediation should be conducted midway in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be Jon Harkavy. The parties do not consent to trial before a Magistrate Judge. Trial is expected to take approximately five (5) days. Plaintiff’s have demanded a jury trial. Plaintiff’s Amended Pleadings due by 10/1/2020. Defendant’s Amended Pleadings due by 12/1/2020. Discovery due by 5/31/2021. Joinder of Parties for Plaintiff due by 10/1/2020. Joinder of Parties for Defendant due by 12/1/2020. (Garland, Leah) (Entered: 08/14/2020) | |
| 08/17/2020 | MEDIATION SCHEDULING ORDER; Mediation due by 1/15/2021.(Kemp, Donita) (Entered: 08/17/2020) | |
| 08/17/2020 | 63 | ORDER Appointing JONATHAN R. HARKAVY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita) Modified on 10/23/2020 – RESCINDED pursuant to 66 order. (Gammon, Cheryl). (Entered: 08/17/2020) |
| 08/24/2020 | 64 | RESPONSE in Opposition re 62 MOTION to Amend 1 Complaint filed by MAXWELL KADEL filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Replies due by 9/8/2020 (WILLIAMS, KEVIN) (Entered: 08/24/2020) |
| 09/08/2020 | 65 | REPLY, filed by Plaintiff MAXWELL KADEL, to Response to 62 MOTION to Amend 1 Complaint filed by MAXWELL KADEL. (Attachments: # 1 Appendix A)(RICHARDSON, AMY) (Entered: 09/08/2020) |
| 09/09/2020 | Motion Referred: RE: 62 MOTION to Amend 1 Complaint , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 09/09/2020) | |
| 10/23/2020 | 66 | ORDER appointing Kenneth P. Carlson, Jr. as the mediator. The order of 8/17/2020 appointing Jonathan Harkavy is hereby rescinded. (Gammon, Cheryl) (Entered: 10/23/2020) |
| 12/08/2020 | 67 | MOTION to Withdraw as Attorney NORA F. SULLIVAN by on behalf of NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Responses due by 12/29/2020 (Attachments: # 1 Text of Proposed Order)(SULLIVAN, NORA) (Entered: 12/08/2020) |
| 12/08/2020 | Motion Referred: RE: 67 MOTION to Withdraw as Attorney NORA F. SULLIVAN , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 12/08/2020) | |
| 12/08/2020 | TEXT ORDER granting 67 Motion to Withdraw as Counsel. Attorney NORA F. SULLIVAN is terminated as counsel for Defendants University of North Carolina at Chapel Hill, North Carolina State University, and University of North Carolina at Greensboro. Issued by MAG/JUDGE L. PATRICK AULD on 12/08/2020. (AULD, L.) (Entered: 12/08/2020) | |
| 12/09/2020 | 68 | NOTICE of Attorney Appearance by attorney LAUREN E. SNYDER on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (SNYDER, LAUREN) (Entered: 12/09/2020) |
| 01/19/2021 | 69 | Joint MOTION for Protective Order by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 2/2/2021 (Attachments: # 1 Exhibit Protective Order, # 2 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 01/19/2021) |
| 01/19/2021 | Motion Referred: RE: 69 Joint MOTION for Protective Order , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 01/19/2021) | |
| 01/19/2021 | 70 | STIPULATED PROTECTIVE ORDER signed by MAG/JUDGE L. PATRICK AULD on 01/19/2021, as set out herein. (Garland, Leah) (Entered: 01/19/2021) |
| 01/20/2021 | TEXT ORDER clarifying 70 Stipulated Protective Order, in that, notwithstanding the language in Paragraph 17, 70 Stipulated Protective Order does not obligate any judge conducting an open-court proceeding to accept evidence via in camera submission simply because a party has designated such evidence as confidential under 70 Stipulated Protective Order. Issued by MAG/JUDGE L. PATRICK AULD on 01/20/2021. (AULD, L.) (Entered: 01/20/2021) | |
| 01/22/2021 | 71 | USCA ORDER: The court grants the motion to relieve Samuel Robert Bagenstos as counsel from further representation on appeal. (USCA Case number: 20-1409) (Garland, Leah) (Entered: 01/22/2021) |
| 01/27/2021 | 72 | INTERIM REPORT OF MEDIATOR from Kenneth B. Carlson, Jr. – Mediation held on 12/11/2020 and is being continued pending scheduling of a continued mediated settlement conference which is expected to occur by the end of February 2021. (Recess – Mediation to be resumed at a later date)(Bond, Melisa) (Entered: 01/27/2021) |
| 02/17/2021 | 73 | MOTION for Extension of Time to Complete Discovery Unopposed by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 02/17/2021) |
| 02/18/2021 | Motion Referred: RE: 73 MOTION for Extension of Time to Complete Discovery Unopposed, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 02/18/2021) | |
| 02/25/2021 | TEXT ORDER denying 73 Unopposed Motion to Extend Discovery Deadlines. Via Text Order dated 08/13/2020, the Court adopted the parties’ 61 Joint Report, thereby establishing the scheduling order for this case, including a deadline of 03/01/2021 for Plaintiffs to serve their expert reports and 05/31/2021 for the conclusion of all discovery. In 73 Unopposed Motion (filed on 02/17/2021), Plaintiffs now ask the Court to extend all unexpired scheduling order deadlines by 90+ days. As support for that request, 73 Unopposed Motion asserts that Plaintiffs have diligently pursued discovery, but nonetheless cannot meet the existing deadlines. In particular, 73 Unopposed Motion states that (A) Plaintiffs “issued discovery requests, including document requests, to [] Defendants,” (B) some Defendants have produced a large volume of documents, but “additional material remains to be provided,” and (C) “due to delays related to the creation of a protective order, [other] Defendants have not yet provided responsive documents to Plaintiffs.” That showing does not establish “good cause” within the meaning of Federal Rule of Civil Procedure 16(b)(4), because it does not reveal (A) when Plaintiffs served document requests, (B) what additional documents remain unproduced from Defendants who have produced a large volume of documents (and/or why), and (C) why the parties delayed in preparing a proposed protective order. Further, the statement, in 73 Unopposed Motion, that, “[g]iven the current status of production, Plaintiffs may be required to designate experts or secure information for additional issues,” constitutes too speculative a basis for sweeping extensions of all pending scheduling order deadlines. Finally, 73 Unopposed Motion cites the pendency of 62Motion for Leave to File an Amended Complaint and declares that its resolution “will affect the content of at least one expert’s report,” as well as Plaintiffs’ production of documents from a proposed new plaintiff (which supposedly cannot occur yet because said proposed plaintiff “is not a party to the protective order”). As to the latter matter, the Court does not see how the parties’ failure to address production of documents from non-parties either in their proposed protective order or otherwise creates good cause for an extension of scheduling order deadlines. Likewise, the Court does not view the prospect of one expert having to alter a report in an unexplained fashion depending on an unresolved motion to amend a pleading as an adequate ground for across-the-board alteration of scheduling order deadlines. Issued by MAG/JUDGE L. PATRICK AULD on 02/25/2021. (AULD, L.) (Entered: 02/25/2021) | |
| 03/05/2021 | 74 | MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 03/05/2021, that the Motion to Amend (Docket Entry 62 ) is GRANTED. FURTHER ORDERED that Plaintiffs shall file their amended complaint in the form of Exhibit A (Docket Entry 62 -1) by March 12, 2021. (Garland, Leah) (Entered: 03/05/2021) |
| 03/09/2021 | 75 | First AMENDED COMPLAINT against All Defendants, filed by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR., and DANA CARAWAY. (RICHARDSON, AMY) Modified on 3/10/2021 to correct docket text. (Garland, Leah) (Entered: 03/09/2021) |
| 03/09/2021 | 76 | Summons Issued as to STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Sheets, Jamie) (Entered: 03/09/2021) |
| 03/09/2021 | 77 | NOTICE of Attorney Appearance by attorney CARL S. CHARLES on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (CHARLES, CARL) (Entered: 03/09/2021) |
| 03/16/2021 | 78 | AFFIDAVIT OF SERVICE by Summons as to STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY served on 3/11/2021, answer due 4/1/2021. (RICHARDSON, AMY) (Entered: 03/16/2021) |
| 03/17/2021 | 79 | MOTION for Extension of Time to File Answer re 75 Amended Complaint, by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # 1 Text of Proposed Order)(PADGET, ZACHARY) (Entered: 03/17/2021) |
| 03/17/2021 | ORDER granting 79 Motion for Extension of Time to Answer filed by NORTH CAROLINA STATE UNIVERSITY; UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL; and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Answer due by 4/6/2021. Signed by John Brubaker, Clerk of Court, on 3/17/2021. (Brubaker, John) (Entered: 03/17/2021) | |
| 03/18/2021 | 80 | NOTICE of Attorney Appearance by attorney ALAN D. MCINNES on behalf of Defendant STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (MCINNES, ALAN) (Entered: 03/18/2021) |
| 03/23/2021 | 81 | NOTICE of Special Appearance by attorney TARA L. BORELLI on behalf of Plaintiff DANA CARAWAY ( Filing fee $ 25 receipt number 0418-3013785.) (BORELLI, TARA) (Entered: 03/23/2021) |
| 03/23/2021 | 82 | NOTICE of Attorney Appearance by attorney AMY E. RICHARDSON on behalf of Plaintiff DANA CARAWAY (RICHARDSON, AMY) (Entered: 03/23/2021) |
| 03/23/2021 | 83 | NOTICE of Special Appearance by attorney CARL S. CHARLES on behalf of Plaintiff DANA CARAWAY ( Filing fee $ 25 receipt number 0418-3013834.) (CHARLES, CARL) (Entered: 03/23/2021) |
| 03/23/2021 | 84 | NOTICE of Special Appearance by attorney DEEPIKA H. RAVI on behalf of Plaintiff DANA CARAWAY ( Filing fee $ 25 receipt number 0418-3013915.) (RAVI, DEEPIKA) (Entered: 03/23/2021) |
| 03/23/2021 | 85 | ANSWER to Amended Complaint by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN) (Entered: 03/23/2021) |
| 03/23/2021 | 86 | NOTICE of Attorney Appearance by attorney DAVID BROWN on behalf of Plaintiff DANA CARAWAY (BROWN, DAVID) (Entered: 03/23/2021) |
| 03/24/2021 | 87 | MOTION for Extension of Time to Complete Discovery by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # 1 Text of Proposed Order)(PADGET, ZACHARY) (Entered: 03/24/2021) |
| 03/24/2021 | 88 | NOTICE of Special Appearance by attorney OMAR F. GONZALEZ-PAGAN on behalf of Plaintiff DANA CARAWAY ( Filing fee $ 25 receipt number 0418-3014409.) (GONZALEZ-PAGAN, OMAR) (Entered: 03/24/2021) |
| 03/24/2021 | 89 | NOTICE of Attorney Appearance by attorney LAUREN E. SNYDER on behalf of Plaintiff DANA CARAWAY (SNYDER, LAUREN) (Entered: 03/24/2021) |
| 03/25/2021 | Motion Referred: RE: 87 MOTION for Extension of Time to Complete Discovery , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 03/25/2021) | |
| 03/25/2021 | 90 | ORDER signed by MAG/JUDGE L. PATRICK AULD on 03/25/2021, that the motion is GRANTED. FURTHER ORDERED that the deadlines for discovery in this case shall be amended as follows: 1. Defendants’ affirmative and rebuttal expert reports due by May 1, 2021; 2. Plaintiff’s rebuttal experts due by June 1, 2021; 3. Expert depositions between May 1, 2021, and June 30, 2021; 4. All discovery to be completed by June 30, 2021. (Garland, Leah) (Entered: 03/25/2021) |
| 04/01/2021 | 91 | MOTION for Extension of Time to File Answer re 75 Amended Complaint, by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order)(MCINNES, ALAN) (Entered: 04/01/2021) |
| 04/01/2021 | 92 | USCA ORDER. The court grants the motion to withdraw from further representation on appeal. USCA Case Number 20-1409. (Sheets, Jamie) (Entered: 04/01/2021) |
| 04/01/2021 | ORDER granting 91 Motion for Extension of Time to Answer for STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Answer due by 4/16/2021. Signed by John Brubaker, Clerk of Court, on 4/1/2021. (Brubaker, John) (Entered: 04/01/2021) | |
| 04/06/2021 | 93 | ANSWER to Amended Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (PADGET, ZACHARY) (Entered: 04/06/2021) |
| 04/13/2021 | 94 | NOTICE of Special Appearance by attorney MICHAEL W. WEAVER on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK ( Filing fee $ 25 receipt number 0418-3028100.) (WEAVER, MICHAEL) (Entered: 04/13/2021) |
| 04/14/2021 | 95 | STIPULATION re 70 Protective Order by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 04/14/2021) |
| 04/15/2021 | TEXT ORDER adopting 95 Stipulation, amending 70 Stipulated Protective Order to include Plaintiff Dana Caraway and Defendant North Carolina Department of Public Safety as parties to 70 Stipulated Protective Order. Issued by MAG/JUDGE L. PATRICK AULD on 04/15/2021. (AULD, L.) (Entered: 04/15/2021) | |
| 04/16/2021 | 96 | ANSWER to Amended Complaint by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (MCINNES, ALAN) (Entered: 04/16/2021) |
| 05/07/2021 | 97 | MOTION for Extension of Time to Complete Discovery (Unopposed) by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (MCINNES, ALAN) (Entered: 05/07/2021) |
| 05/11/2021 | Motion Referred: RE: 97 MOTION for Extension of Time to Complete Discovery (Unopposed), to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 05/11/2021) | |
| 05/11/2021 | 98 | ORDER signed by MAG/JUDGE L. PATRICK AULD on 05/11/2021, that the Motion is GRANTED. It is FURTHER ORDERED that the deadlines in this case shall be amended as follows: a. June 1, 2021: Plaintiffs’ current June 1 deadline to serve supplemental expert reports, per Docket Entry No. 90 , remains the same; b. June 15, 2021: Deadline for NCDPS to file leave to amend its pleadings; c. July 1, 2021: NCDPS’s affirmative and rebuttal expert reports; d. July 31, 2021: Plaintiffs rebuttal expert reports; e. July 1, 2021, through September 30, 2021: Expert depositions. f. September 30, 2021: Close of discovery. (Garland, Leah) (Entered: 05/11/2021) |
| 05/11/2021 | 99 | Rule 26(f) Report (Joint) filed by all parties by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK.(RICHARDSON, AMY) (Entered: 05/11/2021) |
| 05/11/2021 | 100 | MOTION for Extension of Time for Expert Rebuttal (Unopposed) by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 05/11/2021) |
| 05/12/2021 | Motion Referred: RE: 100 MOTION for Extension of Time for Expert Rebuttal (Unopposed), to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 05/12/2021) | |
| 05/12/2021 | TEXT ORDER adopting 99 Joint Report with the following clarification: the Clerk shall set the trial date based on the standard considerations (which do not guarantee the parties a ruling on dispositive motions any particular time in advance of the trial date). Issued by MAG/JUDGE L. PATRICK AULD on 05/12/2021. (AULD, L.) (Entered: 05/12/2021) | |
| 05/12/2021 | 101 | ORDER signed by MAG/JUDGE L. PATRICK AULD on 05/12/2021, that the motion is GRANTED. It is FURTHER ORDERED that the deadlines for discovery in this case shall be amended as follows: 1. The deadline for production of Plaintiffs’ expert rebuttal reports by Dr. George Brown and Dr. Randi C. Ettner is extended by 10 days to June 11, 2021. (Garland, Leah) (Entered: 05/12/2021) |
| 05/28/2021 | 102 | REPORT OF MEDIATOR from Kenneth P. Carlson, Jr. – Mediation Held on 12/11/2020 and continued through 05/24/2021. (IMPASSE) (Bond, Melisa) (Entered: 05/28/2021) |
| 07/01/2021 | 103 | MOTION for Extension of Time to Submit Expert Disclosures by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order)(MCINNES, ALAN) (Entered: 07/01/2021) |
| 07/02/2021 | Motion Referred: RE: 103 MOTION for Extension of Time to Submit Expert Disclosures, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 07/02/2021) | |
| 07/02/2021 | TEXT ORDER granting 103 Motion to Extend Expert Disclosure Deadline. Defendant North Carolina Department of Public Safety shall serve its expert disclosures under Federal Rule of Civil Procedure 26(a)(2)(B) and (C) by 07/12/2021. Issued by MAG/JUDGE L. PATRICK AULD on 07/02/2021. (AULD, L.) (Entered: 07/02/2021) | |
| 07/08/2021 | 104 | JOINT MOTION for Entry of Stipulation by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Exhibit A: Joint Stipulation, # 2 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 07/08/2021) |
| 07/09/2021 | Motion Referred: RE: 104 JOINT MOTION for Entry of Stipulation, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 07/09/2021) | |
| 07/12/2021 | 105 | ORDER signed by MAG/JUDGE L. PATRICK AULD on 07/12/2021, that the motion for approval and entry of the Stipulation is GRANTED. The Stipulation, entered on the docket as ECF No. 104 -1, shall be deemed filed as of the date of this Order. (Garland, Leah) (Entered: 07/12/2021) |
| 08/11/2021 | 106 | NOTICE of Special Appearance by attorney EVAN R. MAROLF on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK ( Filing fee $ 25 receipt number 0418-3110461.) (MAROLF, EVAN) (Entered: 08/11/2021) |
| 08/13/2021 | 107 | MOTION to Withdraw as Attorney AMY E. RICHARDSON by on behalf of MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Responses due by 9/3/2021 (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 08/13/2021) |
| 08/16/2021 | Motion Referred: RE: 107 MOTION to Withdraw as Attorney AMY E. RICHARDSON , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 08/16/2021) | |
| 08/17/2021 | TEXT ORDER granting 107 Motion to Withdraw as Counsel. Attorney ALEJANDRA L. CARABALLO is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 08/17/2021. (AULD, L.) (Entered: 08/17/2021) | |
| 08/17/2021 | 108 | NOTICE of Special Appearance by attorney GRACE H. WYNN on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK ( Filing fee $ 25 receipt number 0418-3114217.) (WYNN, GRACE) (Entered: 08/17/2021) |
| 08/20/2021 | 109 | NOTICE of Special Appearance by attorney ADAM M. SAFER on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK ( Filing fee $ 25 receipt number 0418-3117066.) (SAFER, ADAM) (Entered: 08/20/2021) |
| 08/23/2021 | 110 | Joint MOTION to Dismiss Claims Against University Defendants by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 9/13/2021 (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 08/23/2021) |
| 08/23/2021 | 111 | NOTICE of Special Appearance by attorney DMITRIY G. TISHYEVICH on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK ( Filing fee $ 25 receipt number 0418-3117927.) (TISHYEVICH, DMITRIY) (Entered: 08/23/2021) |
| 08/23/2021 | Motion Submitted: 110 Joint MOTION to Dismiss Claims Against University Defendants to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 08/23/2021) | |
| 08/24/2021 | 112 | ORDER signed by JUDGE LORETTA C. BIGGS on 8/24/21, that the motion is GRANTED. Plaintiffs’ claims against the University Defendants under Title IX and Title VII are DISMISSED WITH PREJUDICE. Each party will bear its own attorneys fees and costs, with the exception of the attorney’s fees and costs paid as part of the parties’ settlement. (Butler, Carol) (Entered: 08/24/2021) |
| 09/01/2021 | 113 | USCA OPINION as set out herein. 20-1409 (Butler, Carol) (Entered: 09/07/2021) |
| 09/01/2021 | 114 | USCA JUDGMENT as to 50 Notice of Interlocutory Appeal filed by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, that in accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court’s mandate in accordance with Fed. R. App. P. 41. No. 20-1409. (Attachments: # 1 USCA Notice)(Butler, Carol) (Entered: 09/07/2021) |
| 09/08/2021 | 115 | NOTICE of Hearing: Master Trial Calendar: JULY Jury Trial set for 7/5/2022 at 09:30 AM in Unassigned Courtroom. Trial briefs, etc. deadline set for 6/13/2022.(Blay, Debbie) (Entered: 09/08/2021) |
| 09/08/2021 | 116 | NOTICE of Special Appearance by attorney LAUREN H. EVANS on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK ( Filing fee $ 25 receipt number 0418-3128675.) (EVANS, LAUREN) (Entered: 09/08/2021) |
| 09/13/2021 | 117 | NOTICE of Special Appearance by attorney WARREN HASKEL on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK ( Filing fee $ 25 receipt number 0418-3131373.) (HASKEL, WARREN) (Entered: 09/13/2021) |
| 09/23/2021 | 118 | MANDATE of USCA as to 50 Notice of Interlocutory Appeal filed by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, that the judgment of this court, entered September 1, 2021, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41 (a) of the Federal Rules of Appellate Procedure. No. 20-1409 (Butler, Carol) (Entered: 09/23/2021) |
| 09/27/2021 | 119 | MOTION to Withdraw as Attorney DAVID BROWN by on behalf of MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Responses due by 10/18/2021 (Attachments: # 1 Text of Proposed Order)(BROWN, DAVID) (Entered: 09/27/2021) |
| 09/27/2021 | 120 | Consent MOTION for Extension of Time to Complete Discovery (Taking of Two Expert-Witness Depositions) by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(JONES, MARK) (Entered: 09/27/2021) |
| 09/28/2021 | Motions Referred: RE: 120 Consent MOTION for Extension of Time to Complete Discovery (Taking of Two Expert-Witness Depositions), 119 MOTION to Withdraw as Attorney DAVID BROWN , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 09/28/2021) | |
| 09/28/2021 | TEXT ORDER granting 119 Motion to Withdraw as Counsel. Attorney NOAH E. LEWIS is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 09/28/2021. (AULD, L.) (Entered: 09/28/2021) | |
| 09/28/2021 | TEXT ORDER granting 120 Consent Motion to Extend Two Pretrial Scheduling Order Deadlines. The parties may take the deposition of Dr. Randi Ettner on or before 10/22/2021, and the parties may complete the deposition of Dr. Paul McHugh on or before 10/15/2021. These allowances do not constitute a general extension of the discovery deadline and do not alter any other deadlines in the case. The Court wishes Drs. Ettner and McHugh the best for their recoveries. Issued by MAG/JUDGE L. PATRICK AULD on 09/28/2021. (AULD, L.) (Entered: 09/28/2021) | |
| 10/06/2021 | 121 | Joint MOTION for Extension of Time To File Motion for DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES Dispositive Motions (with the Consent of all Parties) until December 15, 2021 by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(JONES, MARK) |
| 10/06/2021 | Motions Referred: RE: 121 Joint MOTION for Extension of Time To File Motion for DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES Dispositive Motions (with the Consent of all Parties) until December 15, 2021, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 10/06/2021) | |
| 10/06/2021 | TEXT ORDER granting in part 121 Joint-Consent Motion to Extend Deadlines, in that that parties shall file any dispositive motions by 11/30/2021, the parties shall file any responses to any such timely filed dispositive motions by 12/30/2021, and the parties shall file any replies to any such timely filed responses by 01/13/2021. The parties should not anticipate any further extensions of these deadlines. Issued by MAG/JUDGE L. PATRICK AULD on 10/06/2021. (AULD, L.) (Entered: 10/06/2021) | |
| 10/08/2021 | Reset Scheduling Order Deadlines: Dispositive Motions due by 11/30/2021. (Sheets, Jamie) (Entered: 10/08/2021) | |
| 10/08/2021 | 122 | Consent MOTION for Extension of Time to Complete Deposition of Dr. McHugh by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(JONES, MARK) (Entered: 10/08/2021) |
| 10/08/2021 | Motion Referred: RE: 122 Consent MOTION for Extension of Time to Complete Deposition of Dr. McHugh, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 10/08/2021) | |
| 10/08/2021 | TEXT ORDER granting 122 Consent Motion to Extend Pretrial Scheduling Order Deadlines. The parties may complete the deposition of Dr. Paul McHugh on or before 11/01/2021. This allowance does not constitute a general extension of the discovery deadline and does not alter any other deadlines in the case. Issued by MAG/JUDGE L. PATRICK AULD on 10/08/2021. (AULD, L.) (Entered: 10/08/2021) | |
| 10/12/2021 | 123 | NOTICE of Intent to File Dispositive Motions by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (RICHARDSON, AMY) (Entered: 10/12/2021) |
| 10/13/2021 | 124 | NOTICE of Intent to File Dispositive Motions by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES (WILLIAMS, KEVIN) (Entered: 10/13/2021) |
| 10/13/2021 | 125 | NOTICE of Intent to File Dispositive Motions by Defendant STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (MCINNES, ALAN) (Entered: 10/13/2021) |
| 11/05/2021 | 126 | MOTION for Leave to File Excess Pages by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Responses due by 11/19/2021 (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 11/05/2021) |
| 11/05/2021 | Motion Submitted: 126 MOTION for Leave to File Excess Pages to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 11/05/2021) | |
| 11/08/2021 | 127 | Supreme Court of the United States Notice that the petition for a writ of certiorari in the above entitled case was filed on November 2, 2021 and placed on the docket November 5, 2021 as No. 21-674. (USCA Case Number 20-1409) (Butler, Carol) Modified on 11/9/2021 to add 4th circuit appeal number. (Sheets, Jamie) (Entered: 11/08/2021) |
| 11/10/2021 | 128 | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. JAMES B. TRACHTMAN is substituted as counsel for Defendant. Attorney ALAN D. MCINNES terminated. (TRACHTMAN, JAMES) (Entered: 11/10/2021) |
| 11/12/2021 | 129 | ORDER re 126 Motion for Leave to File Excess Pages, signed by JUDGE LORETTA C. BIGGS on 11/10/21, that the motion is DENIED.(Butler, Carol) (Entered: 11/12/2021) |
| 11/24/2021 | 130 | MOTION to Withdraw as Attorney EVAN R. MAROLF by on behalf of MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Responses due by 12/8/2021 (Attachments: # 1 Text of Proposed Order)(MAROLF, EVAN) (Entered: 11/24/2021) |
| 11/29/2021 | Motion Referred: RE: 130 MOTION to Withdraw as Attorney EVAN R. MAROLF , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 11/29/2021) | |
| 11/29/2021 | TEXT ORDER granting 130 Motion to Withdraw as Counsel. Attorney EVAN R. MAROLF is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 11/29/2021. (AULD, L.) (Entered: 11/29/2021) | |
| 11/30/2021 | 131 | MOTION for Leave to File by AMERICAN MEDICAL ASSOCIATION, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN PSYCHIATRIC ASSOCIATION, ENDOCRINE SOCIETY, NORTH AMERICAN SOCIETY FOR PEDIATRIC AND ADOLESCENT GYNECOLOGY, NATIONAL ASSOCIATION OF NURSE PRACTITIONERS IN WOMEN’S HEALTH, SOCIETY OF OB/GYN HOSPITALISTS. Response to Motion due by 12/21/2021 (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amicus Brief)(SAINT, SARAH) (Entered: 11/30/2021) |
| 11/30/2021 | 132 | MOTION for Summary Judgment by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Response to Motion due by 12/30/2021 (TRACHTMAN, JAMES) (Entered: 11/30/2021) |
| 11/30/2021 | 133 | MEMORANDUM filed by Defendant STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY re 132 MOTION for Summary Judgment filed by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (TRACHTMAN, JAMES) (Entered: 11/30/2021) |
| 11/30/2021 | 134 | APPENDIX re 133 Memorandum in Support of Motion for Summary Judgment by Defendant STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Exhibit 1–Plaintiff’s Objections and Responses to DPS’s First Set of Interrogatories, Request for Admissions and Request for Production, # 2 Exhibit 2–Deposition of Dee Jones, # 3 Exhibit 3–Plaintiffs’ First Set of Requests for Production to DPS, # 4 Exhibit 4–Declaration of George Wayne Goodwin, # 5 Exhibit 4A–Expert Report of George Wayne Goodwin, # 6 Exhibit 5–Expert Report of Jamison Green, Ph.D., # 7 Exhibit 6–DPS’s Responses to Plaintiffs’ First Set of Interrogatories, # 8 Exhibit 7–Copy of Boyden v. Conlin (unpublished))(TRACHTMAN, JAMES) (Entered: 11/30/2021 |
| 11/30/2021 | 135 | NOTICE of Attorney Appearance by attorney SHANA L. FULTON on behalf of Amicus Parties AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN MEDICAL ASSOCIATION, AMERICAN PSYCHIATRIC ASSOCIATION, ENDOCRINE SOCIETY, NATIONAL ASSOCIATION OF NURSE PRACTITIONERS IN WOMEN’S HEALTH, NORTH AMERICAN SOCIETY FOR PEDIATRIC AND ADOLESCENT GYNECOLOGY, SOCIETY OF OB/GYN HOSPITALISTS (FULTON, SHANA) (Entered: 11/30/2021) |
| 11/30/2021 | 136 | MOTION for Partial Summary Judgment by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Response to Motion due by 12/30/2021 (JONES, MARK) (Entered: 11/30/2021) |
| 11/30/2021 | 137 | MEMORANDUM filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 136 MOTION for Partial Summary Judgment filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Exhibit Folwell Deposition, # 2 Exhibit Jones Deposition, # 3 Exhibit Plan Defendant Documents, # 4 Exhibit Declaration of Blue Cross/Blue Shield of North Carolina, # 5 Exhibit Wilkins Prior Authorization Article, # 6 Exhibit Karasic Deposition, # 7Exhibit Ettner Deposition, # 8 Exhibit Levine Deposition, # 9Exhibit Brown Deposition, # 10 Exhibit CVS.Neuberger.Declaration, # 11 Exhibit CVS.Korn.Declarations, # 12 Exhibit Caraway Deposition and Deposition Exhibit, # 13 Exhibit DPS Deposition)(JONES, MARK) (Entered: 11/30/2021) |
| 11/30/2021 | 138 | **STRICKEN** MOTION for Summary Judgment by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, CONNOR THONEN-FLECK. Response to Motion due by 12/30/2021 (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 139 | **STRICKEN** MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, CONNOR THONEN-FLECK re 138 MOTION for Summary Judgment filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit Kadel Decl., # 2 Affidavit Thonen-Fleck Decl., # 3 Affidavit Fleck Decl., # 4 Affidavit McKeown Decl., # 5 Affidavit C.B. Decl., # 6 Affidavit M. Bunting Decl.)(RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 140 | **STRICKEN** Additional Attachments to Main Document re 139 Memorandum,, . (Attachments: # 1 Affidavit S. Bunting Decl., # 2 Affidavit Caraway Decl.)(RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 141 | **STRICKEN** Additional Attachments to Main Document re 139 Memorandum,, Richardson Declaration Part One. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 142 | **STRICKEN** Additional Attachments to Main Document re 139 Memorandum,, Richardson Declaration Part Two. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 143 | **STRICKEN** Additional Attachments to Main Document re 139 Memorandum,, Richardson Declaration Part Three. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 144 | **STRICKEN** Additional Attachments to Main Document re 139 Memorandum,, Richardson Declaration Part Four. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 145 | MOTION to Seal Exhibits to Plaintiffs’ Motion for Summary Judgment on Their Constitutional Claims [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).]> by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, CONNOR THONEN-FLECK. Response to Motion due by 12/14/2021 (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 11/30/2021) |
| 11/30/2021 | 146 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Memorandum in Support of Plaintiffs’ Motion for Summary Judgment on Their Constitutional Claims filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 145 Motion to Seal,,. (Attachments: # 1 Affidavit Kadel Decl., # 2 Affidavit Thonen-Fleck Decl., # 3 Affidavit Fleck Decl., # 4 Affidavit McKeown Decl., # 5 Affidavit C.B. Decl., # 6 Affidavit M. Bunting Decl.)(RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 147 | **STRICKEN** SEALED UNREDACTED DOCUMENT Additional Declarations of Bunting and Caraway filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 145 Motion to Seal,,. (Attachments: # 1 Affidavit S. Bunting Decl., # 2 Affidavit Caraway Decl.)(RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 148 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Richardson Declaration Part One filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 145 Motion to Seal,,. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 149 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Richardson Declaration Part Two filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 145 Motion to Seal. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 150 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Richardson Declaration Part Three filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 145 Motion to Seal. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 151 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Richardson Declaration Part Four filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 145 Motion to Seal. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 152 | **STRICKEN** MOTION for Partial Summary Judgment on Their Statutory Claims by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 12/30/2021 (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 153 | **STRICKEN** MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 152 MOTION for Partial Summary Judgment on Their Statutory Claims filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit Kadel Decl., # 2 Affidavit Thonen-Fleck Decl., # 3 Affidavit Fleck Decl., # 4 Affidavit McKeown Decl., # 5 Affidavit C.B. Decl., # 6 Affidavit M. Bunting Decl., # 7 Affidavit Silvaine Decl.)(RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 154 | **STRICKEN** Additional Attachments to Main Document re 153 Memorandum,, . (Attachments: # 1 Affidavit S. Bunting Decl., # 2 Affidavit Caraway Decl.)(RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 155 | **STRICKEN** Additional Attachments to Main Document re 153 Memorandum Richardson Declaration Part One. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 156 | **STRICKEN** Additional Attachments to Main Document re 153 Memorandum,, Richardson Declaration Part Two. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 157 | **STRICKEN** Additional Attachments to Main Document re 153 Memorandum,, Richardson Declaration Part Three. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 158 | **STRICKEN** Additional Attachments to Main Document re 153 Memorandum,, Richardson Declaration Part Four. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 159 | MOTION to Seal Exhibits to Plaintiffs’ Motion for Summary Judgment on Their Statutory Claims [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 12/14/2021 (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 11/30/2021) |
| 11/30/2021 | 160 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Memorandum in Support of Plaintiffs’ Motion for Partial Summary Judgment on Their Statutory Claims filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 159 Motion to Seal,,. (Attachments: # 1 Affidavit Kadel Decl., # 2 Affidavit Thonen-Fleck Decl., # 3 Affidavit Fleck Decl., # 4 Affidavit McKeown Decl., # 5 Affidavit C.B. Decl., # 6 Affidavit M. Bunting Decl., # 7 Affidavit Silvaine Decl.)(RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 161 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Additional Declarations of Bunting and Caraway filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 159 Motion to Seal,,. (Attachments: # 1 Affidavit S. Bunting Decl., # 2 Affidavit Caraway Decl.)(RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 162 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Richardson Declaration Part One filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 159 Motion to Seal,,. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 163 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Richardson Declaration Part Two filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 159 Motion to Seal,,. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 164 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Richardson Declaration Part Three filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 159 Motion to Seal,,. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 11/30/2021 | 165 | **STRICKEN** SEALED UNREDACTED DOCUMENTS Richardson Declaration Part Four filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 159 Motion to Seal,,. (RICHARDSON, AMY) Modified on 12/10/2021 to mark stricken per 176 Order. (Sheets, Jamie) (Entered: 11/30/2021) |
| 12/02/2021 | 166 | USCA ORDER. The Court amends its opinion filed on September 1, 2021, as follows: On the last line of page 30, the first “to” is changed to “for.” On the first line of page 37, the word “is” is deleted between “this” and “case.” USCA Case Number 20-1409. (Sheets, Jamie) (Entered: 12/02/2021) |
| 12/02/2021 | 167 | USCA AMENDED OPINION affirming by published opinion. USCA Case Number 20-1409. (Sheets, Jamie) (Entered: 12/02/2021) |
| 12/06/2021 | 168 | MOTION to Strike 161 SEALED Unredacted Documents (LR 5.4), 157 Additional Attachments to Main Document, 160 SEALED Unredacted Documents (LR 5.4),, 154Additional Attachments to Main Document, 142 Additional Attachments to Main Document, 152 MOTION for Partial Summary Judgment on Their Statutory Claims, 153Memorandum,, 138 MOTION for Summary Judgment , 146 SEALED Unredacted Documents (LR 5.4),, 164 SEALED Unredacted Documents (LR 5.4), 151 SEALED Unredacted Documents (LR 5.4), 141 Additional Attachments to Main Document, 147 SEALED Unredacted Documents (LR 5.4), 144 Additional Attachments to Main Document, 165 SEALED Unredacted Documents (LR 5.4), 158 Additional Attachments to Main Document, 156 Additional Attachments to Main Document, 150SEALED Unredacted Documents (LR 5.4), 148 SEALED Unredacted Documents (LR 5.4), 162 SEALED Unredacted Documents (LR 5.4), 140 Additional Attachments to Main Document, 143 Additional Attachments to Main Document, 139 Memorandum,, 149 SEALED Unredacted Documents (LR 5.4), 155 Additional Attachments to Main Document, 163 SEALED Unredacted Documents (LR 5.4), for failure to Comply with Local Rules 7.3(d)(1) and 56.1(c) by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Response to Motion due by 12/27/2021 (Attachments: # 1 Text of Proposed Order)(WILLIAMS, KEVIN) (Entered: 12/06/2021) |
| 12/06/2021 | 169 | MEMORANDUM filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 168 MOTION to Strike 161 SEALED Unredacted Documents (LR 5.4), 157 Additional Attachments to Main Document, 160 SEALED Unredacted Documents (LR 5.4),, 154 Additional Attachments to Main Document, 142 Additional Attachments to Main Document filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN) (Entered: 12/06/2021) |
| 12/06/2021 | 170 | MOTION to Expedite Consideration of Plan Defendants’ Motion to Strike (Doc. No. 168) by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN) (Entered: 12/06/2021) |
| 12/07/2021 | 171 | AMENDED MEMORANDUM re 168 MOTION to Strike 161 SEALED Unredacted Documents (LR 5.4), 157 Additional Attachments to Main Document, 160 SEALED Unredacted Documents (LR 5.4),, 154 Additional Attachments to Main Document, 142 Additional Attachments to Main Document (AMENDED MEMORANDUM) by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (JONES, MARK) (Main Document 171 replaced on 12/7/2021 with correct pdf document) (Taylor, Abby). (Entered: 12/07/2021) |
| 12/08/2021 | 172 | RESPONSE in Opposition re 168 MOTION to Strike 161 SEALED Unredacted Documents (LR 5.4), 157 Additional Attachments to Main Document, 160 SEALED Unredacted Documents (LR 5.4),, 154 Additional Attachments to Main Document, 142 Additional Attachments to Main Document filed by DALE FOLWELL, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, DEE JONES filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Replies due by 12/22/2021 (RICHARDSON, AMY) (Entered: 12/08/2021) |
| 12/08/2021 | 173 | NOTICE by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 172 Response in Opposition to Motion,, Certificate of Word Count (RICHARDSON, AMY) (Entered: 12/08/2021) |
| 12/08/2021 | 174 | REPLY, filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, to Response to 168 MOTION to Strike 161 SEALED Unredacted Documents (LR 5.4), 157 Additional Attachments to Main Document, 160 SEALED Unredacted Documents (LR 5.4),, 154 Additional Attachments to Main Document, 142 Additional Attachments to Main Document filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (JONES, MARK) (Entered: 12/08/2021) |
| 12/09/2021 | Motions Submitted: 168 MOTION to Strike, 170 MOTION to Expedite Consideration of Plan Defendants’ Motion to Strike (Doc. No. 168), to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 12/09/2021) | |
| 12/10/2021 | 175 | L.R. 5.5 Report-Joint filed by all parties by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK.(RICHARDSON, AMY) (Entered: 12/10/2021) |
| 12/10/2021 | 176 | ORDER signed by JUDGE LORETTA C. BIGGS on 12/10/2021; that the Plan Defendants Motion to Expedite consideration, ECF No. 170 , is GRANTED. FURTHER that Defendant’s Motion to Strike, ECF No. 168 , is GRANTED and the following submissions of the Plaintiffs are HEREBY STRICKEN: ECF Nos. 138, 139, 140, 141, 142, 143, 144, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 160, 161, 162, 163, 164, 165. FURTHER that Plaintiffs’ Motions to Seal, ECF Nos. 145 and 159 , are HEREBY DENIED as moot. If refiled these motions shall be filed in conformity with this Court’s Local Rules, specifically Local Rules 5.4 and 5.5. FURTHER that Plaintiffs shall be allowed to file a single dispositive motion, and an accompanying memorandum/brief with an enlarged word count not to exceed 9,000 words, within ten days of the entry of this Order. FURTHER that Plan Defendants shall likewise be allowed an enlarged word count not to exceed 9,000 words for its Response Brief. FURTHER that all other filings and deadlines shall be in compliance with all prior orders of this Court and its Local Rules. (Sheets, Jamie) (Entered: 12/10/2021) |
| 12/15/2021 | 177 | NOTICE of Special Appearance by attorney EZRA U. CUKOR on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK ( Filing fee $ 25 receipt number 0418-3194413.) (CUKOR, EZRA) (Entered: 12/15/2021) |
| 12/20/2021 | 178 | MOTION for Summary Judgment by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 1/19/2022 (RICHARDSON, AMY) (Entered: 12/20/2021) |
| 12/20/2021 | 179 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 178 MOTION for Summary Judgment filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1Affidavit Kadel Decl., # 2 Affidavit Thonen-Fleck Decl., # 3 Affidavit Fleck Decl., # 4Affidavit McKeown Decl., # 5 Affidavit C.B. Decl., # 6 Affidavit M. Bunting Decl., # 7Affidavit Silvaine Decl., # 8 Affidavit S. Bunting Decl., # 9 Affidavit Caraway Decl.)(RICHARDSON, AMY) (Entered: 12/20/2021) |
| 12/20/2021 | 180 | Additional Attachments to Main Document re 179 Memorandum,, Richardson Declaration Part One. (RICHARDSON, AMY) (Entered: 12/20/2021) |
| 12/20/2021 | 181 | Additional Attachments to Main Document re 179 Memorandum,, . (Attachments: # 1 Affidavit Richardson Declaration Part Two, # 2 Affidavit Richardson Declaration Part Three)(RICHARDSON, AMY) (Entered: 12/20/2021) |
| 12/20/2021 | 182 | MOTION to Seal Exhibits to Plaintiffs’ Motion for Summary Judgment [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 1/3/2022 (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 12/20/2021) |
| 12/20/2021 | 183 | SEALED UNREDACTED DOCUMENTS Memorandum in Support of Plaintiffs’ Motion for Summary Judgment filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 182 Motion to Seal,,. (Attachments: # 1 Affidavit Kadel Decl., # 2 Affidavit Thonen-Fleck Decl., # 3 Affidavit Fleck Decl., # 4 Affidavit McKeown Decl., # 5 Affidavit C.B. Decl., # 6 Affidavit M. Bunting Decl., # 7 Affidavit Silvaine Decl., # 8 Affidavit S. Bunting Decl., # 9 Affidavit Caraway Decl.)(RICHARDSON, AMY) (Entered: 12/20/2021) |
| 12/20/2021 | 184 | SEALED UNREDACTED DOCUMENTS Richardson Declaration Part One filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 182 Motion to Seal,,. (RICHARDSON, AMY) (Entered: 12/20/2021) |
| 12/20/2021 | 185 | SEALED UNREDACTED DOCUMENTS filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 182 Motion to Seal,,. (Attachments: # 1 Affidavit Richardson Declaration Part Two, # 2 Affidavit Richardson Declaration Part Three)(RICHARDSON, AMY) (Entered: 12/20/2021) |
| 12/20/2021 | 186 | RESPONSE in Opposition re 131 MOTION for Leave to File filed by NORTH AMERICAN SOCIETY FOR PEDIATRIC AND ADOLESCENT GYNECOLOGY, AMERICAN PSYCHIATRIC ASSOCIATION, SOCIETY OF OB/GYN HOSPITALISTS, ENDOCRINE SOCIETY, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN MEDICAL ASSOCIATION, AMERICAN ACADEMY OF PEDIATRICS, NATIONAL ASSOCIATION OF NURSE PRACTITIONERS IN WOMEN’S HEALTH filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Replies due by 1/3/2022 (JONES, MARK) (Entered: 12/20/2021) |
| 12/30/2021 | 187 | RESPONSE in Opposition re 132 MOTION for Summary Judgment filed by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY filed by DANA CARAWAY. Replies due by 1/13/2022 (Attachments: # 1 Affidavit Supplemental Richardson Declaration)(RICHARDSON, AMY) (Entered: 12/30/2021) |
| 12/30/2021 | 188 | RESPONSE in Opposition re 136 MOTION for Partial Summary Judgment filed by DALE FOLWELL, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, DEE JONES filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Replies due by 1/13/2022 (Attachments: # 1 Affidavit Supplemental Richardson Declaration)(RICHARDSON, AMY) (Entered: 12/30/2021) |
| 01/03/2022 | 189 | REPLY, filed by Amicus Parties AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN MEDICAL ASSOCIATION, AMERICAN PSYCHIATRIC ASSOCIATION, ENDOCRINE SOCIETY, NATIONAL ASSOCIATION OF NURSE PRACTITIONERS IN WOMEN’S HEALTH, NORTH AMERICAN SOCIETY FOR PEDIATRIC AND ADOLESCENT GYNECOLOGY, SOCIETY OF OB/GYN HOSPITALISTS, to Response to 131 MOTION for Leave to File filed by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN MEDICAL ASSOCIATION, AMERICAN PSYCHIATRIC ASSOCIATION, ENDOCRINE SOCIETY, NATIONAL ASSOCIATION OF NURSE PRACTITIONERS IN WOMEN’S HEALTH, NORTH AMERICAN SOCIETY FOR PEDIATRIC AND ADOLESCENT GYNECOLOGY, SOCIETY OF OB/GYN HOSPITALISTS. (SAINT, SARAH) (Entered: 01/03/2022) |
| 01/03/2022 | 190 | RESPONSE to Plaintiffs’ Motion to Seal filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 182 MOTION to Seal Exhibits to Plaintiffs’ Motion for Summary Judgment [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] filed by CONNOR THONEN-FLECK, SAM SILVANIE, MICHAEL D. BUNTING, JR., JASON FLECK, C.B., DANA CARAWAY, JULIA MCKEOWN, MAXWELL KADEL filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Exhibit A) (WILLIAMS, KEVIN) (Entered: 01/03/2022) |
| 01/04/2022 | 191 | NOTICE by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 190 Response to Motion, Certificate of Word Count (WILLIAMS, KEVIN) (Entered: 01/04/2022) |
| 01/13/2022 | 192 | Consent MOTION for Extension of Time to File Response/Reply as to 187 Response in Opposition to Motion, by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order Granting Motion)(TRACHTMAN, JAMES) (Entered: 01/13/2022) |
| 01/13/2022 | Motion Referred: RE: 192 Consent MOTION for Extension of Time to File Response/Reply as to 187 Response in Opposition to Motion, , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 01/13/2022) | |
| 01/13/2022 | 193 | REPLY, filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, to Response to 136 MOTION for Partial Summary Judgment filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (JONES, MARK) (Entered: 01/13/2022) |
| 01/14/2022 | TEXT ORDER granting 192 Consent Motion for Extension of Time. Defendant North Carolina Department of Public Safety shall file any reply to 187 Response by 01/19/2022. Issued by MAG/JUDGE L. PATRICK AULD on 01/14/2022. (AULD, L.) (Entered: 01/14/2022) | |
| 01/18/2022 | 194 | REPLY, filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK, to Response to 182 MOTION to Seal Exhibits to Plaintiffs’ Motion for Summary Judgment [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that inc filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 01/18/2022) |
| 01/18/2022 | 195 | SUPREME COURT REMARK Petition for Writ of Certiorari denied. USCA 20-1409. (Hicks, Samantha) (Entered: 01/18/2022) |
| 01/18/2022 | 196 | RESPONSE in Opposition re 178 MOTION for Summary Judgment filed by CONNOR THONEN-FLECK, SAM SILVANIE, MICHAEL D. BUNTING, JR., JASON FLECK, C.B., DANA CARAWAY, JULIA MCKEOWN, MAXWELL KADEL and REPLY to Response 187 filed by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Replies due by 2/1/2022 (TRACHTMAN, JAMES) (Entered: 01/18/2022) |
| 01/19/2022 | 197 | RESPONSE in Opposition re 178 MOTION for Summary Judgment filed by CONNOR THONEN-FLECK, SAM SILVANIE, MICHAEL D. BUNTING, JR., JASON FLECK, C.B., DANA CARAWAY, JULIA MCKEOWN, MAXWELL KADEL filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(JONES, MARK) (Entered: 01/19/2022) |
| 01/25/2022 | 198 | MOTION for Leave to File Excess Pages by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Responses due by 2/8/2022 (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 01/25/2022) |
| 01/25/2022 | 199 | MOTION to Expedite Consideration of Plaintiffs’ Motion for Leave to File Excess Pages by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 01/25/2022) |
| 01/26/2022 | Motions Submitted: 198 MOTION for Leave to File Excess Pages , 199 MOTION to Expedite Consideration of Plaintiffs’ Motion for Leave to File Excess Pages to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 01/26/2022) | |
| 01/27/2022 | 200 | ORDER signed by JUDGE LORETTA C. BIGGS on 1/27/2022; that the motion (ECF No. 198 ) is GRANTED. Plaintiffs may file a reply brief limited to 4,625 words. (Sheets, Jamie) (Entered: 01/27/2022) |
| 02/02/2022 | 201 | REPLY, filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK, to Response to 178 MOTION for Summary Judgment filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit Third Supplemental Declaration of Amy Richardson)(RICHARDSON, AMY) (Entered: 02/02/2022) |
| 02/02/2022 | 202 | MOTION to Exclude Expert Testimony of Dr. Peter Robie by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 2/23/2022 (RAVI, DEEPIKA) (Entered: 02/02/2022) |
| 02/02/2022 | 203 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 202 MOTION to Exclude Expert Testimony of Dr. Peter Robie filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit Declaration of Deepika Ravi, # 2 Text of Proposed Order)(RAVI, DEEPIKA) (Entered: 02/02/2022) |
| 02/02/2022 | 204 | MOTION to Exclude Expert Testimony of Dr. Paul W. Hruz by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 2/23/2022 (Attachments: # 1 Text of Proposed Order)(GONZALEZ-PAGAN, OMAR) (Entered: 02/02/2022) |
| 02/02/2022 | 205 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 204 MOTION to Exclude Expert Testimony of Dr. Paul W. Hruz filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit Declaration of Omar Gonzalez-Pagan, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(GONZALEZ-PAGAN, OMAR) (Entered: 02/02/2022) |
| 02/02/2022 | 206 | MOTION to Exclude Expert Testimony of Dr. Paul R. McHugh by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 2/23/2022 (Attachments: # 1 Text of Proposed Order)(GONZALEZ-PAGAN, OMAR) (Entered: 02/02/2022) |
| 02/02/2022 | 207 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 206 MOTION to Exclude Expert Testimony of Dr. Paul R. McHugh filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit Declaration of Omar Gonzalez-Pagan, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(GONZALEZ-PAGAN, OMAR) (Entered: 02/02/2022) |
| 02/02/2022 | 208 | MOTION to Exclude Expert Testimony of Dr. Patrick W. Lappert by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 2/23/2022 (Attachments: # 1 Text of Proposed Order)(TISHYEVICH, DMITRIY) (Entered: 02/02/2022) |
| 02/02/2022 | 209 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 208 MOTION to Exclude Expert Testimony of Dr. Patrick W. Lappert filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Declaration of Dmitriy Tishyevich, # 2 Exhibit 1 [Redacted], # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17)(TISHYEVICH, DMITRIY) (Entered: 02/02/2022) |
| 02/02/2022 | 210 | MOTION to Seal [ECF No. 209-2] Exhibit 1 to Plaintiffs’ Memorandum to Exclude Expert Testimony of Dr. Patrick W. Lappert [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 2/16/2022 (Attachments: # 1 Text of Proposed Order)(TISHYEVICH, DMITRIY) (Entered: 02/02/2022) |
| 02/02/2022 | 211 | SEALED UNREDACTED DOCUMENTS Plaintiffs’ Memorandum to Exclude Expert Testimony of Dr. Patrick W. Lappert filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK, Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, NORTH CAROLINA STATE UNIVERSITY, STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY re 210 Motion to Seal,,. (Attachments: # 1 Declaration of Dmitriy Tishyevich, # 2 Exhibit 1 [Unredacted], # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17)(TISHYEVICH, DMITRIY) (Entered: 02/02/2022) |
| 02/02/2022 | 212 | MOTION to Exclude Expert Testimony of Stephen B. Levine, M.D. by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 2/23/2022 (Attachments: # 1 Text of Proposed Order)(CHARLES, CARL) (Entered: 02/02/2022) |
| 02/02/2022 | 213 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 212 MOTION to Exclude Expert Testimony of Stephen B. Levine, M.D. filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit Declaration of Carl S. Charles, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(CHARLES, CARL) (Entered: 02/02/2022) |
| 02/03/2022 | Motions Submitted: 131 MOTION for Leave to File , 132 MOTION for Summary Judgment , 136 MOTION for Partial Summary Judgment , 178 MOTION for Summary Judgment , 182 MOTION to Seal Exhibits to Plaintiffs’ Motion for Summary Judgment, to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 02/03/2022) | |
| 02/16/2022 | 214 | RESPONSE re 210 MOTION to Seal [ECF No. 209-2] Exhibit 1 to Plaintiffs’ Memorandum to Exclude Expert Testimony of Dr. Patrick W. Lappert [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Replies due by 3/2/2022 (JONES, MARK) (Entered: 02/16/2022) |
| 02/23/2022 | 215 | RESPONSE in Opposition re 212 MOTION to Exclude Expert Testimony of Stephen B. Levine, M.D. filed by CONNOR THONEN-FLECK, SAM SILVANIE, MICHAEL D. BUNTING, JR., JASON FLECK, C.B., DANA CARAWAY, JULIA MCKEOWN, MAXWELL KADEL, 204 MOTION to Exclude Expert Testimony of Dr. Paul W. Hruz filed by CONNOR THONEN-FLECK, SAM SILVANIE, MICHAEL D. BUNTING, JR., JASON FLECK, DANA CARAWAY, C.B., JULIA MCKEOWN, MAXWELL KADEL, 208 MOTION to Exclude Expert Testimony of Dr. Patrick W. Lappert filed by CONNOR THONEN-FLECK, SAM SILVANIE, MICHAEL D. BUNTING, JR., JASON FLECK, DANA CARAWAY, C.B., JULIA MCKEOWN, MAXWELL KADEL, 206 MOTION to Exclude Expert Testimony of Dr. Paul R. McHugh filed by CONNOR THONEN-FLECK, SAM SILVANIE, MICHAEL D. BUNTING, JR., JASON FLECK, DANA CARAWAY, C.B., JULIA MCKEOWN, MAXWELL KADEL, 202 MOTION to Exclude Expert Testimony of Dr. Peter Robie filed by CONNOR THONEN-FLECK, SAM SILVANIE, MICHAEL D. BUNTING, JR., JASON FLECK, DANA CARAWAY, C.B., JULIA MCKEOWN, MAXWELL KADEL filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Replies due by 3/9/2022 (Attachments: # 1 Exhibit Dr. Levine Report, # 2 Exhibit Dr. McHugh Report, # 3 Exhibit Dr. Hruz Report, # 4 Exhibit Dr. Lappert Report, # 5 Exhibit Dr. Robie Disclosure, # 6 Exhibit, # 7 Exhibit Levine Deposition)(JONES, MARK) (Entered: 02/23/2022) |
| 03/01/2022 | 216 | REPLY, filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK, to Response to 210 MOTION to Seal [ECF No. 209-2] Exhibit 1 to Plaintiffs’ Memorandum to Exclude Expert Testimony of Dr. Patrick W. Lappert [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 03/01/2022) |
| 03/09/2022 | 217 | REPLY, filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK, to Response to 208 MOTION to Exclude Expert Testimony of Dr. Patrick W. Lappert, 206 MOTION to Exclude Expert Testimony of Dr. Paul R. McHugh, 212 MOTION to Exclude Expert Testimony of Stephen B. Levine, M.D., 204 MOTION to Exclude Expert Testimony of Dr. Paul W. Hruz, 202 MOTION to Exclude Expert Testimony of Dr. Peter Robie filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit Supplemental Declaration of Omar Gonzalez-Pagan, # 2 Exhibit A – HHS Information Memorandum)(GONZALEZ-PAGAN, OMAR) (Entered: 03/09/2022) |
| 03/10/2022 | Motions Submitted: 202 MOTION to Exclude Expert Testimony of Dr. Peter Robie, 204 MOTION to Exclude Expert Testimony of Dr. Paul W. Hruz, 206 MOTION to Exclude Expert Testimony of Dr. Paul R. McHugh 208 MOTION to Exclude Expert Testimony of Dr. Patrick W. Lappert, 210 MOTION to Seal [ECF No. 209-2] Exhibit 1 to Plaintiffs’ Memorandum to Exclude Expert Testimony of Dr. Patrick W. Lappert, 212 MOTION to Exclude Expert Testimony of Stephen B. Levine, M.D., to JUDGE LORETTA C. BIGGS- (Blay, Debbie) (Entered: 03/10/2022) | |
| 04/07/2022 | 218 | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 4/7/2022; that the Motion for Leave to File Brief of Amici Curiae the American Medical Association and Seven Additional Health Care Organizations in Support of Plaintiffs, (ECF No. 131 ), is GRANTED. FURTHER that Proposed Amici shall file their amicus brief in the form of ECF No. 131 -2 within seven days of entry of this Order. (Sheets, Jamie) (Entered: 04/07/2022) |
| 04/11/2022 | 219 | Amicus Curiae BRIEF re 218 Memorandum Opinion and Order, . (SAINT, SARAH) (Entered: 04/11/2022) |
| 05/05/2022 | 220 | Suggestion of Subsequently Decided Authority by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 05/05/2022) |
| 05/13/2022 | 221 | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. ALEX R. WILLIAMS is substituted as counsel for Defendant. Attorney JAMES B. TRACHTMAN terminated. (WILLIAMS, ALEX) (Entered: 05/13/2022) |
| 05/13/2022 | 222 | NOTICE of Trial Calendar Jury Trial set for 7/5/2022 09:30 AM in Winston-Salem Courtroom #4 before JUDGE LORETTA C. BIGGS. (Williamson, Wanda) (Entered: 05/13/2022) |
| 05/16/2022 | 223 | Suggestion of Subsequently Decided Authority by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 05/16/2022) |
| 05/17/2022 | 224 | Suggestion of Subsequently Decided Authority by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (JONES, MARK) (Entered: 05/17/2022) |
| 05/19/2022 | 225 | Joint MOTION to Reset Trial Date to Allow 8-10 Days for Proceedings by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 6/9/2022 (Attachments: # 1Text of Proposed Order)(RICHARDSON, AMY) (Entered: 05/19/2022) |
| 05/20/2022 | Motion Submitted: 225 Joint MOTION to Reset Trial Date to Allow 8-10 Days for Proceedings to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 05/20/2022) | |
| 06/02/2022 | 226 | Additional Attachments to Main Document re 213 Memorandum,, Amended Exhibit F. (RICHARDSON, AMY) (Entered: 06/02/2022) |
| 06/03/2022 | 227 | PRETRIAL DISCLOSURES by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK.(RICHARDSON, AMY) (Entered: 06/03/2022) |
| 06/03/2022 | 228 | PRETRIAL DISCLOSURES by STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY.(WILLIAMS, ALEX) (Entered: 06/03/2022) |
| 06/03/2022 | 229 | FINAL PRETRIAL DISCLOSURES by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Exhibit 1 – Plan’s Witness List, # 2 Exhibit 2 – Plan’s Ex. List)(WILLIAMS, KEVIN) Modified on 6/6/2022 to remove duplicate text in attachment titles. (Sheets, Jamie) (Entered: 06/03/2022) |
| 06/10/2022 | 230 | MOTION in Limine To Exclude Experts by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Response to Motion due by 6/17/2022 (WILLIAMS, KEVIN) (Entered: 06/10/2022) |
| 06/10/2022 | 231 | MEMORANDUM filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 230 MOTION in Limine To Exclude Experts filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN) (Entered: 06/10/2022) |
| 06/10/2022 | 232 | MOTION in Limine to Exclude Emotional Distress Evidence by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Response to Motion due by 6/17/2022 (WILLIAMS, KEVIN) (Entered: 06/10/2022) |
| 06/10/2022 | 233 | MEMORANDUM filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 232 MOTION in Limine to Exclude Emotional Distress Evidence filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN) (Entered: 06/10/2022) |
| 06/10/2022 | 234 | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 6/10/2022; that DPS’s Motion for Summary Judgment, (ECF No. 132 ), is DENIED. FURTHER that Plan Defendants’ Partial Summary Judgment, (ECF No. 136 ), is GRANTED in part and JUDGMENT IS RESERVED in part, as set out. FURTHER that Plaintiffs’ Motion for Summary Judgment, (ECF No. 178 ), is GRANTED in part, DENIED in part, and JUDGMENT IS RESERVED in part as set out. Defendants are PERMANENTLY ENJOINED from enforcing the Plan’s exclusion and are ORDERED to reinstate coverage for “medically necessary services for the treatment of gender dysphoria.” The issue of damages is reserved for trial. FURTHER that Plaintiffs’ Motion to Seal Exhibits to Plaintiffs’ Motion for Summary Judgment, (ECF No. 182 ), is GRANTED. FURTHER that Plaintiffs’ Motion to Exclude Expert Testimony of Dr. Peter Robie, (ECF No. 202 ), is GRANTED. FURTHER that Plaintiffs’ Motion to Exclude Expert Testimony of Dr. Paul W. Hruz, (ECF No. 204 ), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER that Plaintiffs’ Motion to Exclude Expert Testimony of Dr. Paul R. McHugh, (ECF No. 206 ), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER that Plaintiffs’ Motion to Exclude Expert Testimony of Dr. Patrick W. Lappert, (ECF No. 208 ), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER that Plaintiff’s Motion to Seal portions of Dr. Lappert’s report, (ECF No. 210 ), is GRANTED. FURTHER that Plaintiffs’ Motion to Exclude Expert Testimony of Stephen B. Levine, M.D., (ECF No. 212 ), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. (Sheets, Jamie) (Entered: 06/10/2022) |
| 06/10/2022 | 235 | MOTION in Limine to Exclude the Testimony of Wayne Goodman by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 7/1/2022 (RICHARDSON, AMY) (Entered: 06/10/2022) |
| 06/10/2022 | 236 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 235 MOTION in Limine to Exclude the Testimony of Wayne Goodman filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit of Dmitriy Tishyevich)(RICHARDSON, AMY) (Entered: 06/10/2022) |
| 06/10/2022 | 237 | MOTION in Limine to Exclude Evidence of Plaintiffs’ Other Claims or Lawsuits by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 7/1/2022 (RICHARDSON, AMY) (Entered: 06/10/2022) |
| 06/10/2022 | 238 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 237MOTION in Limine to Exclude Evidence of Plaintiffs’ Other Claims or Lawsuits filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY) (Entered: 06/10/2022) |
| 06/10/2022 | 239 | MOTION in Limine to Exclude Rebuttal Experts by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Response to Motion due by 6/17/2022 (WILLIAMS, KEVIN) (Entered: 06/10/2022) |
| 06/10/2022 | 240 | MEMORANDUM filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 239 MOTION in Limine to Exclude Rebuttal Experts filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN) (Entered: 06/10/2022) |
| 06/10/2022 | 241 | MOTION in Limine regarding pronoun usage and misgendering by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 6/17/2022 (GONZALEZ-PAGAN, OMAR) (Entered: 06/10/2022) |
| 06/10/2022 | 242 | MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 241MOTION in Limine regarding pronoun usage and misgendering filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # 1 Affidavit Declaration of Omar Gonzalez-Pagan, # 2 Exhibit 1 – Letter Order in Eller v. Prince George’s County Public Schools, # 3 Exhibit 2 – Order in United States v. Manning)(GONZALEZ-PAGAN, OMAR) (Entered: 06/10/2022) |
| 06/14/2022 | 243 | NOTICE of Hearing: Telephonic Status Conference set for 6/17/2022 at 11:00 AM before JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 06/14/2022) |
| 06/17/2022 | Minute Entry for proceedings held before JUDGE LORETTA C. BIGGS: Telephonic Status Conference held on 6/17/2022. Attorneys Michael Weaver, Lauren Snyder, Deepika Ravi, Grace Wynn, Tara Borelli, Omar Gonzalez-Pagan, David Brown, Ezra Cukor, Dmitriy Tishyevich, and Lauren Evans appeared via telephone on behalf of the Plaintiffs. Attorneys Mark Jones, John Knepper, and Kevin Williams appeared via telephone on behalf of NC State Health Care Plan. Attorney Alex Williams appeared via telephone on behalf of the Department of Public Safety. This matter will be removed from the July 2022 Civil Master Calendar and a new trial date will be set. (Court Reporter Michelle Maar.) (Blay, Debbie) (Entered: 06/17/2022) | |
| 06/17/2022 | 244 | NOTICE of Hearing: Jury Trial set for 12/5/2022 at 09:30 AM in Winston-Salem Courtroom #4 before JUDGE LORETTA C. BIGGS. The parties shall comply in all respects with Fed. R. Civ. P. 26(a)(3) regarding final pretrial disclosure, including the time requirements set out therein. Unless the court orders otherwise, pretrial disclosures must be made no later than November 7, 2022. Motions in limine must be filed no later than November 14, 2022. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than November 21, 2022. Each party shall file a trial brief, along with proposed jury instructions on the issues no later than November 16, 2022. (Blay, Debbie) (Entered: 06/17/2022) |
| 07/01/2022 | 245 | NOTICE OF INTERLOCUTORY APPEAL as to 234 Memorandum Opinion and Order, by DALE FOLWELL, DEE JONES. Filing fee $ 505, receipt number ANCMDC-3331247. (JONES, MARK) (Entered: 07/01/2022) |
| 07/05/2022 | 246 | Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 245 Notice of Interlocutory Appeal. (Sheets, Jamie) (Entered: 07/05/2022) |
| 07/07/2022 | 247 | MOTION to Correct Memorandum Opinion and Order pursuant to Rule 60(a) 234 by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(JONES, MARK) Modified on 7/8/2022 to link to pleading. (Sheets, Jamie) (Entered: 07/07/2022) |
| 07/07/2022 | 248 | MEMORANDUM filed by Defendant NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 247 MOTION to Correct Memorandum Opinion and Order pursuant to Rule 60(a) filed by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (JONES, MARK) (Entered: 07/07/2022) |
| 07/08/2022 | Motion Submitted: 247 MOTION to Correct Memorandum Opinion and Order pursuant to Rule 60(a) to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 07/08/2022) | |
| 07/08/2022 | 249 | NOTICE of Docketing Record on Appeal from USCA re 245 Notice of Interlocutory Appeal filed by DALE FOLWELL, DEE JONES. USCA Case Manager: Rachel J. Lee. USCA Case Number 22-1721. (Sheets, Jamie) (Entered: 07/08/2022) |
| 07/11/2022 | 250 | NOTICE OF INTERLOCUTORY APPEAL as to 234 Memorandum Opinion and Order, by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Filing fee $ 505, receipt number ANCMDC-3335788. (JONES, MARK) (Entered: 07/11/2022) |
| 07/12/2022 | 251 | Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 250 Notice of Interlocutory Appeal. (Sheets, Jamie) (Entered: 07/12/2022) |
| 07/12/2022 | 252 | NOTICE of Docketing Record on Appeal from USCA re 250 Notice of Interlocutory Appeal filed by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. USCA Case Manager: Rachel J. Lee. USCA Case Number 22-1730. (Sheets, Jamie) (Entered: 07/12/2022) |
| 07/12/2022 | 253 | USCA ORDER The court consolidates Case No. 22-1721 (L) and Case No. 22-1730. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. (Sheets, Jamie) (Entered: 07/12/2022) |
| 07/15/2022 | 254 | NOTICE by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re 247 MOTION to Correct Memorandum Opinion and Order pursuant to Rule 60(a) (RICHARDSON, AMY) (Entered: 07/15/2022) |
| 07/18/2022 | 255 | NOTICE OF INTENT TO CORRECT AND CLARIFY MEMORANDUM OPINION AND ORDER 234 , signed by JUDGE LORETTA C. BIGGS on 7/18/2022; that if the Fourth Circuit remanded the above captioned matter for the purpose of allowing this Court to address NCSHP’s motion (ECF No. 247 ), this Court would grant the motion and (1) correct its Memorandum Opinion on page 67, and (2) clarify its Order on page 72, as stated herein. Pursuant to Rule 62.1(b), this Court instructs Defendant NCSHP to “promptly notify the circuit clerk” of this Notice. Fed. R. Civ. P. 62.1(b); see Fed. R. App. P. 12.1(a). (Sheets, Jamie) (Entered: 07/18/2022) |
| 07/27/2022 | 256 | MOTION to Stay Injunction Pending Appeal by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Response to Motion due by 8/17/2022 (Attachments: # 1 Text of Proposed Order)(JONES, MARK) (Entered: 07/27/2022) |
| 07/27/2022 | 257 | MEMORANDUM filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re 256 MOTION to Stay Injunction Pending Appeal filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (JONES, MARK) (Entered: 07/27/2022) |
| 08/02/2022 | 258 | USCA ORDER the court deconsolidates case No. 22-1721, Maxwell Kadel v. Dale Folwell from No. 22-1730, Maxwell Kadel v. North Carolina State Health Plan for Teachers, and remands No. 22-1730, Maxwell Kadel v. North Carolina State Health Plan for Teachers, to the district court for the limited purpose of correcting portions of its Memorandum Opinion and Order. (Attachments: # 1 USCA Motion) (Sheets, Jamie) (Entered: 08/03/2022) |
| 08/03/2022 | CASE REFERRED RE: 258 Order to JUDGE LORETTA C. BIGGS. (Marsh, Keah) (Entered: 08/03/2022) | |
| 08/04/2022 | 259 |
Transcript of Proceedings held on 6/17/2022, before Judge Loretta C. Biggs. Court Reporter Michelle Maar. 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.
NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.
Redaction Request due 8/29/2022. Redacted Transcript Deadline set for 9/9/2022. Release of Transcript Restriction set for 11/7/2022. (Marsh, Keah) (Entered: 08/04/2022) |
| 08/10/2022 | 260 | ORDER signed by JUDGE LORETTA C. BIGGS on 8/10/2022; For the reasons stated in this Court’s Notice of Intent to Correct and Clarify Memorandum Opinion and Order, entered on July 18, 2022, (ECF No. 255 ), Defendant NCSHP’s unopposed Motion Memorandum Opinion and Order, (ECF no. 247 ), is hereby GRANTED. A corrected version of this Court’s Memorandum Opinion and Order, originally entered on June 10, 2022, (ECF No. 234 ), will be filed simultaneously with this Order. The filing of this Order and the corrected Memorandum Opinion and Order completes this Court’s proceedings related to the Fourth Circuit Court of Appeal’s limited remand. (Hicks, Samantha) (Entered: 08/10/2022) |
| 08/10/2022 | 261 | MEMORANDUM OPINION AND ORDER (CORRECTED VERSION) signed by JUDGE LORETTA C. BIGGS on 8/10/2022; that DPS’s Motion for Summary Judgment, (ECF No. 132 ), is DENIED. FURTHER ORDERED that Plan Defendants’ Partial Summary Judgment, (ECF No. 136 ), is GRANTED in part and JUDGMENT IS RESERVED in part. It is GRANTED as to Plaintiff Caraway’s claim arising under Title VII against NCSHP. JUDGMENT IS RESERVED regarding Plaintiffs’ claims arising under the ACA pending further Order from this Court. FURTHER ORDERED that Plaintiffs’ Motion for Summary Judgment, (ECF No. 178 ), is GRANTED in part, DENIED in part, and JUDGMENT IS RESERVED in part. It is GRANTED with respect to Plaintiffs’ claims arising under the Equal Protection Clause and Plaintiff Caraway’s claim arising under Title VII against DPS. Defendants Folwell and Jones, in their official capacities, are PERMANENTLY ENJOINED from enforcing the Plan’s exclusion and are ORDERED to reinstate coverage for “medically necessary services for the treatment of gender dysphoria.” The motion is DENIED as to Caraway’s Title VII claim against NCSHP. JUDGMENT IS RESERVED regarding Plaintiffs’ claims arising under the ACA pending further Order from this Court. The issue of damages is reserved for trial. FURTHER ORDERED that Plaintiffs’ Motion to Seal Exhibits to Plaintiffs’ Motion for Summary Judgment, (ECF No. 182 ), is GRANTED. FURTHER ORDERED that Plaintiffs’ Motion to Exclude Expert Testimony of Dr. Peter Robie, (ECF No. 202 ), is GRANTED. FURTHER ORDERED that Plaintiffs’ Motion to Exclude Expert Testimony of Dr. Paul W. Hruz, (ECF No. 204 ), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER ORDERED that Plaintiffs’ Motion to Exclude Expert Testimony of Dr. Paul R. McHugh, (ECF No. 206 ), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER ORDERED that Plaintiffs’ Motion to Exclude Expert Testimony of Dr. Patrick W. Lappert, (ECF No. 208 ), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. FURTHER ORDERED that Plaintiff’s Motion to Seal portions of Dr. Lappert’s report, (ECF No. 210 ), is GRANTED. FURTHER ORDERED that Plaintiffs’ Motion to Exclude Expert Testimony of Stephen B. Levine, M.D., (ECF No. 212 ), is GRANTED in part and DENIED in part in accordance with this Memorandum Opinion and Order. (Hicks, Samantha) (Entered: 08/10/2022) |
| 08/10/2022 | Transmission of Update Item to USCA to US Court of Appeals re 261 Memorandum Opinion and Order, 260 Order. (Hicks, Samantha) (Entered: 08/10/2022) | |
| 08/11/2022 | 262 | USCA ORDER Upon consideration of the stipulated motion to voluntarily dismiss, the court dismisses this appeal, upon such terms as have been agreed to by the parties, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. USCA 22-1730. (Hicks, Samantha) (Entered: 08/11/2022) |
| 08/11/2022 | 263 | RULE 42(b) MANDATE of USCA as to 245 Notice of Interlocutory Appeal filed by DALE FOLWELL, DEE JONES; This court’s order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. USCA 22-1730. (Hicks, Samantha) (Entered: 08/11/2022) |
| 08/16/2022 | 264 | NOTICE by MAXWELL KADEL et al. (RICHARDSON, AMY) (Entered: 08/16/2022) |
| 08/17/2022 | 265 | RESPONSE in Opposition re 256 MOTION to Stay Injunction Pending Appeal filed by DALE FOLWELL, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, DEE JONES filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Replies due by 8/31/2022 (RICHARDSON, AMY) (Entered: 08/17/2022) |
| 08/31/2022 | 266 | REPLY, filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, to Response to 256 MOTION to Stay Injunction Pending Appeal filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (JONES, MARK) (Entered: 08/31/2022) |
| 09/01/2022 | Motion Submitted: 256 MOTION to Stay Injunction Pending Appeal to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 09/01/2022) | |
| 09/07/2022 | 267 | NOTICE of Change of Address by AMY E. RICHARDSON (RICHARDSON, AMY) (Entered: 09/07/2022) |
| 09/14/2022 | TEXT ORDER adopting 175 Local Rule 5.5 Report. Issued by MAG/JUDGE L. PATRICK AULD on 09/14/2022. (AULD, L.) (Entered: 09/14/2022) | |
| 10/19/2022 | 268 | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 10/19/2022; that Defendants’ Motion for Stay of Injunction Pending Appeal, (ECF No. 256 ), is DENIED. (Sheets, Jamie) (Entered: 10/19/2022) |
| 10/24/2022 | 269 | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 10/24/2022; that each party may, but is not required to, provide additional limited briefing on their respective motion related to Plaintiffs’ ACA claim in light of DHHS’s recent rulemaking. Each party may file a supplemental brief within 14 days of the entry of this Order, which shall not exceed 3,125 words. Further, each party may file a response, if any, within 7 days of the filing of supplemental briefing, likewise, not to exceed 3,125 words. (Sheets, Jamie) (Entered: 10/24/2022) |
| 11/02/2022 | TEXT ORDER issued by JUDGE LORETTA C. BIGGS on 11/2/2022. It appearing that the appeal in this case has not been resolved, the jury trial scheduled for December 5, 2022 will therefore be continued to a date to be determined.(Blay, Debbie) (Entered: 11/02/2022) | |
| 11/07/2022 | 270 | Supplemental Memorandum re 269 Memorandum Opinion and Order,, regarding Plaintiffs’ claim under Section 1557 of the ACA by Plaintiffs MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (GONZALEZ-PAGAN, OMAR) (Entered: 11/07/2022) |
| 11/07/2022 | 271 | Supplemental Memorandum re 269 Memorandum Opinion and Order,, regarding Plaintiffs’ claim under Section 1557 of the ACA by Defendant NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (JONES, MARK) (Entered: 11/07/2022) |
| 11/14/2022 | 272 | RESPONSE re 269 Memorandum Opinion and Order,, 271 Supplemental Memorandum on Affordable Care Act Claims filed by MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Replies due by 11/28/2022 (GONZALEZ-PAGAN, OMAR) (Entered: 11/14/2022) |
| 11/14/2022 | 273 | RESPONSE re 269 Memorandum Opinion and Order,, 270 Supplemental Memorandum, on Affordable Care Act Claims filed by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Replies due by 11/28/2022 (JONES, MARK) (Entered: 11/14/2022) |
| 11/15/2022 | CASE REFERRED RE: 270 Supplemental Memorandum, 271 Supplemental Memorandum, 272 Response, 273 Response, to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 11/15/2022) | |
| 11/17/2022 | 274 | MOTION to Withdraw as Attorney MICHAEL W. WEAVER by on behalf of MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (WEAVER, MICHAEL) (Entered: 11/17/2022) |
| 11/17/2022 | Motion Referred: RE: 274 MOTION to Withdraw as Attorney MICHAEL W. WEAVER , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 11/17/2022) | |
| 11/17/2022 | 275 | USCA ORDER The court grants attorney Michael Wesley Weaver’s motion to withdraw from further representation on appeal. USCA Case Number 22-1721. (Sheets, Jamie) (Entered: 11/18/2022) |
| 11/20/2022 | TEXT ORDER granting 274 Motion to Withdraw as Counsel. Attorney MICHAEL W. WEAVER is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 11/20/2022. (AULD, L.) (Entered: 11/20/2022) | |
| 12/05/2022 | 276 | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 12/5/2022; that Plaintiffs’ Motion for Partial Summary Judgment as to Plaintiffs’ ACA claims, (ECF No. 178 ), is GRANTED. The issue of damages, if applicable, is reserved for trial. FURTHER that Defendants’ Motion for Partial Summary Judgment as to Plaintiffs’ ACA claims, (ECF No. 136 ), is DENIED. (Sheets, Jamie) (Entered: 12/05/2022) |
| 01/05/2023 | 277 | USCA ORDER Upon review of submissions relative to the motion for stay pending appeal, the court denies the motion. USCA Case Number 22-1721. (Sheets, Jamie) (Entered: 01/06/2023) |
| 01/20/2023 | 278 | NOTICE by DEE JONES of Substituted Party per Rule 25 (JONES, MARK) (Entered: 01/20/2023) |
| 04/12/2023 | 279 | USCA ORDER Upon a sua sponte poll of the court, a majority of judges in regular active service and not disqualified voted to rehear this case en banc. IT IS ORDERED that rehearing en banc is granted. USCA Case Number 22-1721. (Sheets, Jamie) (Entered: 04/12/2023) |
| 08/01/2023 | 280 | Joint MOTION to Dismiss Claims Against DPS Pursuant to FRCP 41(a)(2) or FRCP 21 by DANA CARAWAY. Response to Motion due by 8/22/2023 (RICHARDSON, AMY) (Entered: 08/01/2023) |
| 08/02/2023 | Motion Submitted: 280 Joint MOTION to Dismiss Claims Against DPS Pursuant to FRCP 41(a)(2) or FRCP 21 to JUDGE LORETTA C. BIGGS. (Marsh, Keah) (Entered: 08/02/2023) | |
| 08/09/2023 | 281 | ORDER signed by JUDGE LORETTA C. BIGGS on 8/9/2023; that the motion is GRANTED. Plaintiff’s claim against DPS Defendant under Title VII is DISMISSED with prejudice. Each party will bear its own attorney’s fees and costs. (Hicks, Samantha) (Entered: 08/09/2023) |
| 09/01/2023 | 282 | MOTION to Withdraw as Attorney LAUREN H. EVANS by on behalf of MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (EVANS, LAUREN) (Entered: 09/01/2023) |
| 09/01/2023 | Motion Referred: RE: 282 MOTION to Withdraw as Attorney LAUREN H. EVANS , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 09/01/2023) | |
| 09/01/2023 | 283 | MOTION to Withdraw as Attorney CARL S. CHARLES by on behalf of MICHAEL D. BUNTING, JR, C.B., DANA CARAWAY, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (CHARLES, CARL) (Entered: 09/01/2023) |
| 09/05/2023 | Motion Referred: RE: 283 MOTION to Withdraw as Attorney CARL S. CHARLES , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 09/05/2023) | |
| 09/06/2023 | TEXT ORDER granting 282 Motion to Withdraw as Counsel. Attorney LAUREN H. EVANS is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 09/06/2023. (AULD, L.) (Entered: 09/06/2023) | |
| 09/06/2023 | TEXT ORDER granting 283 Motion to Withdraw as Counsel. Attorney CARL S. CHARLES is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 09/06/2023. (AULD, L.) (Entered: 09/06/2023) |
Last updated 03/04/2024
Reconciled with online docket 02/25/2024