Brooks v. United States of America
| North Carolina Eastern District Court | |
| Judge: | Terrence W Boyle |
| Referred: | Robert T Numbers, II |
| Case #: | 7:23-cv-00089 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | Camp Lejeune Justice Act of 2022 |
| Case Filed: | Feb 12, 2023 |
| Last checked: Saturday Aug 12, 2023 7:32 AM EDT |
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Defendant
United States of America
U.S. Department of Justice 310 New Bern Avenue Suite 800
Raleigh, NC 27601 |
Represented By
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Interested Party
Torts Branch USDOJ
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Plaintiff
Darlene Brooks
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Represented By
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| Docket last updated: 3 hours ago |
| Monday, March 25, 2024 | ||
| 28 | 28
cmp
Amended Complaint
Mon 03/25 10:13 PM
AMENDED COMPLAINT Short Form against United States of America, filed by Darlene Brooks. (Flynn, Eric) |
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| Friday, July 07, 2023 | ||
| 27 | 27
notice
Notice of Appearance
Fri 07/07 1:21 PM
Notice of Appearance filed by Cindy Marie Hurt on behalf of United States of America. (Hurt, Cindy) |
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| Tuesday, June 27, 2023 | ||
| 26 | 26
notice
Notice of Appearance
Tue 06/27 9:13 AM
Notice of Appearance filed by Patrick Ryan on behalf of United States of America. (Ryan, Patrick) |
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| Monday, June 26, 2023 | ||
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order
Order on Motion to Strike
Mon 06/26 10:03 AM
TEXT ORDER - This case and others came before the Court for hearing on June 21, 2023, at Raleigh, North Carolina, on a motion to strike affirmative defenses raised by defendant in its answer. The Court heard oral argument and took the matter under advisement. Having considered the arguments of the parties, the Court concludes that, at bottom, the deficiencies which appear in plaintiffs' complaints have led to over-pleading by the defendant. In this posture, and at this stage in the overall Camp Lejeune Justice Act proceedings, the Court will not strike any affirmative defenses at this time. The motion to strike is therefore DENIED WITHOUT PREJUDICE to refiling at a later time, if appropriate or necessary. Any motion for extension of time to respond to the motion to strike filed by defendant is therefore DENIED AS MOOT. Entered by District Judge Terrence W. Boyle on 6/26/2023. (Herrmann, L.) |
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| Wednesday, June 21, 2023 | ||
| 25 | 25
minutes
Motion Hearing
Wed 06/21 4:05 PM
Minute Entry for proceedings held before District Judge Terrence W. Boyle in Raleigh: Motion Hearing held on 6/21/2023 regarding16 MOTION to Strike13 Answer to Complaint filed by Darlene Brooks. Counsel present for both parties. Courts hears arguments from all parties. (Court Reporter Amy Condon) (Sellers, N.) |
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| Thursday, June 15, 2023 | ||
| 24 | 24
discov
Rule 26(f) Report (joint)
Thu 06/15 8:14 PM
Rule 26(f) Report (joint) filed by Darlene Brooks. (Lee, Randolph) |
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| 23 | 23
respm
Response in Opposition to Motion
Thu 06/15 6:48 PM
RESPONSE in Opposition regarding16 MOTION to Strike13 Answer to Complaint filed by United States of America. (Anwar, Haroon) |
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 06/15 10:47 AM
TEXT ORDER denying21 First MOTION for Extension of Time to File Response as to16 MOTION to Strike13 Answer to Complaint. Entered by District Judge Terrence W. Boyle on 6/15/2023. (Sellers, N.) |
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| Monday, June 12, 2023 | ||
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utility
Motion Submitted
Mon 06/12 11:18 AM
Motion Submitted to District Judge Terrence W. Boyle regarding21 First MOTION for Extension of Time to File Response as to16 MOTION to Strike13 Answer to Complaint. (Sellers, N.) |
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| Friday, June 09, 2023 | ||
| 21 | 21
motion
Extension of Time to File Response/Reply
Fri 06/09 4:25 PM
First MOTION for Extension of Time to File Response/Reply as to16 MOTION to Strike13 Answer to Complaint filed by United States of America. (O'Leary, Allison) |
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Att: 1
Text of Proposed Order
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| 20 | 20
notice
Notice of Appearance
Fri 06/09 3:56 PM
Notice of Appearance filed by Allison Meredith O'Leary on behalf of United States of America. (O'Leary, Allison) |
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notice
Notice of Hearing on Motion
Fri 06/09 4:57 PM
NOTICE of Hearing on Motion: Motion Hearing set for 6/21/2023 at 02:00 PM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Sellers, N.) |
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| Friday, May 19, 2023 | ||
| 19 | 19
notice
Notice of Special Appearance
Fri 05/19 4:20 PM
Notice of Special Appearance for non-district by James Edward Bell, III on behalf of Darlene Brooks. (Bell, James) |
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| 18 | 18
notice
Notice of Special Appearance
Fri 05/19 2:06 PM
Notice of Special Appearance for non-district by Randolph Lee on behalf of Darlene Brooks. (Lee, Randolph) |
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| 17 | 17
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pgs
respoth
Memorandum in Support
Fri 05/19 1:49 PM
Memorandum in Support regarding16 MOTION to Strike13 Answer to Complaint by Darlene Brooks. (Lee, Randolph) |
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| 16 | 16
motion
Strike
Fri 05/19 1:48 PM
MOTION to Strike13 Answer to Complaint filed by Darlene Brooks. (Lee, Randolph) |
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notice
Notice to Counsel
Fri 05/19 2:24 PM
Notice to Counsel regarding:18 Notice of Special Appearance. Each attorney must file his or her own notice of appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. The appropriate form for becoming a registered e-filer in this district is available to out-of-district counsel on this court's website www.nced.uscourts.gov. (Sellers, N.) |
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| Thursday, May 18, 2023 | ||
| 15 | 15
motion
Pro Hac Vice Admission and Affidavit
Thu 05/18 3:19 PM
MOTION for Pro Hac Vice Admission and Affidavit filed by Darlene Brooks. (Lee, Randolph) |
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Att: 1
Drop Box Receipt
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order
Text Order Granting Motion for Leave to Appear Pro Hac Vice
Thu 05/18 4:53 PM
TEXT ORDER granting15 Motion for Pro Hac Vice Admission. Attorney J. Edward Bell, III must file a notice of special appearance within ten days, unless one has already been filed. Local Counsel is DIRECTED to serve this order on out-of-state counsel. Signed by Peter A. Moore, Jr., Clerk of Court on 5/18/2023. (Sellers, N.) |
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| Wednesday, May 17, 2023 | ||
| 14 | 14
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pgs
discov
Order for Discovery Plan
Wed 05/17 3:45 PM
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 5/17/2023. (Sellers, N.) |
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| Friday, April 28, 2023 | ||
| 13 | 13
answer
Answer to Complaint
Fri 04/28 3:13 PM
CORRECTED ANSWER to1 Complaint, by United States of America. (Platt, Elizabeth) |
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| 12 | 12
answer
Answer to Complaint
Fri 04/28 3:08 PM
ANSWER to1 Complaint, by United States of America. (Anwar, Haroon) |
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| Tuesday, April 18, 2023 | ||
| 11 | 11
misc
Transcript
Tue 04/18 4:39 PM
OFFICIAL TRANSCRIPT of Proceedings held on 4/17/2023, Ruling On Motions, before Judge Terrence W. Boyle. Court Reporter/ Carolyn High, Telephone number 919-630-2987, cissyhigh@nc.rr.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's[LINK:website] Redaction Request due 5/12/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/20/2023. (Foell, S.) |
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notice
Notice of Filing of Official Transcript
Tue 04/18 4:39 PM
NOTICE of Filing of Official Transcript11 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Foell, S.) |
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| Monday, April 17, 2023 | ||
| 10 | 10
minutes
Motion Hearing
Mon 04/17 3:06 PM
Minute Entry for proceedings held before District Judge Terrence W. Boyle in Raleigh: Oral Motion Ruling held on 4/17/2023 regarding9 First MOTION for Extension of Time to File Answer filed by United States of America. Counsel for Government present. Court announces his ruling. The Government will have until April 30, 2023 to file a responsive pleading. (Court Reporter Cissy High) (Sellers, N.) |
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utility
Motion Submitted
Mon 04/17 9:44 AM
Motion Submitted to District Judge Terrence W. Boyle regarding9 MOTION for Extension of Time to File Answer. (Sellers, N.) |
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notice
Notice-other
Mon 04/17 10:45 AM
Notice regarding9 MOTION for Extension of Time to File Answer. At 12:00 pm today, there will be an oral ruling from the bench on the government's motion for extension of time in Courtroom 2 in Raleigh. (Sellers, N.) |
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order
Order on Motion for Extension of Time to Answer
Mon 04/17 4:29 PM
ORAL ORDER granting in part9 First MOTION for Extension of Time to File Answer. This Court scheduled a hearing at noon today on the cases of Akers, Benson, Breen, Brooks, Brundage, Burak, Clark, Davis, Glover, Green, Guinn, Hobbs, Holmes, Johnson, Luthy, McClain, Palumbo, Partain, Perry, Richards, Shine, Tomilson, Warren, Wax, Weiner, Bailey, Bailey, Loftus, Neely, Straw, Weeks, all versus the United States. They have corresponding file numbers. The Government has not responded in these cases. They've been served and it's my understanding that the time for answer or other reply under the federal rules and statutes will expire either on the 14th, 15th -- no, not 14th -- 15th, 16th, or 18th of April, the Government having the right to answer within 60 days after effective service. The Government has filed a motion to enlarge the time within which to answer and that is before the Court and that is the purpose of this order. I'll take judicial notice of the fact that there is an administrative proceeding going on involving the PACT Act cases, that the statute creating the right under which the plaintiffs bring suit provides for filing of an administrative claim as a prerequisite to jurisdiction in this court and that parties who have filed claims but whose claims have not been resolved after six months pending in the administrative proceeding are entitled to sue in this court. And assumedly that represents all of the pending cases that I have just identified. The reality of that is clear that assumedly in each and every one of these cases, six months have expired within the administrative process and now either 59 or 60 days or 61 days have expired in this court without response or intervention or resolution by the Defendant, United States. And so, after eight months of nonactivity in each and every one of these claims, it's not readily apparent that the Government needs additional time. Eight months should be sufficient. And certainly, two months within this court's jurisdiction should be sufficient. But out of an abundance of caution and in order to cooperate with the matters that are pending in this district, I will enlarge the time within which to file a responsive pleading under the Federal Rules of Civil Procedure and law to April 30th of 2023. And an order to that effect will be entered right now. Entered in open court by District Judge Terrence W. Boyle on 4/17/2023. (Sellers, N.) |
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| Friday, April 14, 2023 | ||
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motion
Extension of Time to File Answer
Fri 04/14 3:22 PM
MOTION for Extension of Time to File Answer filed by United States of America. (Anwar, Haroon) |
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Att: 1
Text of Proposed Order
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| Thursday, March 16, 2023 | ||
| 8 | 8
notice
Notice of Appearance
Thu 03/16 4:52 PM
Notice of Appearance filed by Elizabeth Platt on behalf of United States of America. (Platt, Elizabeth) |
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| 7 | 7
notice
Notice of Appearance
Thu 03/16 4:38 PM
Notice of Appearance filed by Haroon Anwar on behalf of United States of America. (Anwar, Haroon) |
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| Wednesday, February 15, 2023 | ||
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service
Notice of Camp Lejeune Justice Act Case
Wed 02/15 12:07 PM
NOTICE OF SERVICE. This action is governed by Standing Order 23-SO-1. Pursuant to that Order, the Clerk has issued a Notice of Electronic Filing using the Case Management and Electronic Case Filing System, notifying the United States Attorney for the Eastern District of North Carolina and the Civil Division, Torts Branch, Environmental Torts Litigation Office, United States Department of Justice of the case. Plaintiff need not serve a summons and complaint under Fed. R. Civ. P. 4. No summons will issue. Service of the Complaint and any attachments thereto will be completed by a regenerated Notice of Electronic Filing to follow immediately. (Sellers, N.) |
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| Monday, February 13, 2023 | ||
| 6 | 6
notice
Notice of Appearance
Mon 02/13 12:30 PM
Notice of Appearance filed by Randolph Lee on behalf of Darlene Brooks, as Personal Representative of the Estate of James Brooks, Jr.. (Lee, Randolph) |
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| 5 | 5
notice
Notice of Appearance
Mon 02/13 11:46 AM
Notice of Appearance filed by Eric W. Flynn on behalf of Darlene Brooks, as Personal Representative of the Estate of James Brooks, Jr.. (Flynn, Eric) |
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| Sunday, February 12, 2023 | ||
| 4 | 4
notice
Notice of Appearance
Sun 02/12 11:54 AM
Notice of Appearance filed by Matthew D. Quinn on behalf of Darlene Brooks, as Personal Representative of the Estate of James Brooks, Jr.. (Quinn, Matthew) |
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| 3 | 3
notice
Notice of Appearance
Sun 02/12 11:53 AM
Notice of Appearance filed by James A. Roberts, III on behalf of Darlene Brooks, as Personal Representative of the Estate of James Brooks, Jr.. (Roberts, James) |
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| 2 | 2
misc
Financial Disclosure Statement
Sun 02/12 11:53 AM
Financial Disclosure Statement by Darlene Brooks, as Personal Representative of the Estate of James Brooks, Jr. (Roberts, James) |
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| 1 | 1
cmp
Complaint
Sun 02/12 11:52 AM
COMPLAINT against UNITED STATES OF AMERICA ( Filing fee $ 402 receipt number ANCEDC-6940338.), filed by Darlene Brooks, as Personal Representative of the Estate of James Brooks, Jr.. (Roberts, James) |
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Att: 1
Civil Cover Sheet
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