Black Polaski et al v. Stein
| North Carolina Eastern District Court | |
| Judge: | Terrence W Boyle |
| Referred: | Brian S Meyers |
| Case #: | 7:24-cv-00004 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jan 04, 2024 |
| Terminated: | Dec 16, 2024 |
| Last checked: Tuesday Jul 02, 2024 4:52 AM EDT |
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Defendant
A. Todd Brown
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Represented By
Stephen McDaniel Russell, Jr.
Mullins Duncan Harrell & Russell Pllc/turning Point Litigati contact info |
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Defendant
Benjamin R. David
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Represented By
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Defendant
Nancy Lorrin Freeman
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Represented By
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Defendant
Ernie Lee
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Represented By
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Defendant
Spencer B. Merriweather III
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Represented By
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Defendant
Ashlie Shanley
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Represented By
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Plaintiff
Shawana Almendarez
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Represented By
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Plaintiff
Morag Black Polaski
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Represented By
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Plaintiff
North Carolina Justice For All Project
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Josh Stein
Terminated: 03/21/2024
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Represented By
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| Docket last updated: 1 hours ago |
| Tuesday, January 14, 2025 | ||
| 44 | 44
appeal
USCA Case Number
Wed 01/15 9:11 AM
US Court of Appeals Case Number 25-1038 (Ganna Aboutabl, Case Manager) as to42 Notice of Appeal filed by Shawana Almendarez, North Carolina Justice For All Project, Morag Black Polaski. (Foell, S.) |
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| Monday, January 13, 2025 | ||
| 43 | 43
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Mon 01/13 10:06 AM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding42 Notice of Appeal. (Foell, S.) |
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| Friday, January 10, 2025 | ||
| 42 | 42
appeal
Notice of Appeal -Final Judgment
Fri 01/10 1:44 PM
Notice of Appeal filed by Morag Black Polaski, Shawana Almendarez, North Carolina Justice For All Project as to40 Order on Motion to Dismiss for Failure to State a Claim. Filing fee, receipt number ANCEDC-7932171. (Sherman, Paul) |
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| Monday, December 16, 2024 | ||
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order
Judgment
Mon 12/16 6:51 PM
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that defendants' joint motion to dismiss [DE 30] is GRANTED. The complaint is DISMISSED in its entirety. This case is closed. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 12/16/2024. (Stouch, L.) |
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| 40 | 40
10
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 12/16 3:46 PM
ORDER granting30 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Terrence W. Boyle on 12/13/2024. (Stouch, L.) |
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| Wednesday, December 04, 2024 | ||
| 39 | 39
misc
Transcript
Wed 12/04 8:19 AM
OFFICIAL TRANSCRIPT of Proceedings on Motion to Dismiss held on 11/01/2024, before Judge Terrence W. Boyle. Court Reporter Jenny Carroll (jenny_carroll@nced.uscourts.gov). Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's[LINK:website] Redaction Request due 12/28/2024. Redacted Transcript Deadline set for 1/7/2025. Release of Transcript Restriction set for 3/7/2025. (Carroll, Jennifer) |
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notice
Notice of Filing of Official Transcript
Wed 12/04 8:21 AM
NOTICE of Filing of Official Transcript39 Motion to Dismiss. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Carroll, Jennifer) |
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| Friday, November 01, 2024 | ||
| 38 | 38
minutes
Motion Hearing
Mon 11/04 9:39 AM
Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Motion Hearing held on 11/1/2024. All parties present and ready to proceed. Oral argument held. Written order to follow. (Court Reporter Jenny Carroll, Official Court Reporter) (Stouch, L.) |
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| Monday, October 28, 2024 | ||
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utility
Set/Reset Motion and M&R Hearings
Mon 10/28 4:52 PM
Reset Hearing as to30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Motion Hearing reset for 11/1/2024 at 10:30 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. Time change only. (Stouch, L.) |
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| Thursday, October 24, 2024 | ||
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utility
Motion Submitted
Thu 10/24 1:41 PM
Motion Submitted to District Judge Terrence W. Boyle regarding37 MOTION for Hearing regarding Set/Reset Motion and M&R Hearings Unopposed Motion to Reschedule Hearing . (Stouch, L.) |
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order
Order on Motion for Hearing
Thu 10/24 5:02 PM
TEXT ORDER denying 37 Unopposed Motion to Reset Hearing. Entered by District Judge Terrence W. Boyle on 10/24/2024. (Stouch, L.) |
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| Tuesday, October 22, 2024 | ||
| 37 | 37
motion
Hearing
Tue 10/22 9:04 AM
MOTION for Hearing regarding Set/Reset Motion and M&R Hearings Unopposed Motion to Reschedule Hearing filed by A. Todd Brown. (Russell, Stephen) |
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Att: 1
Text of Proposed Order Proposed Order Granting Unopposed Motion to Reschedule Hearing
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| Thursday, October 17, 2024 | ||
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utility
Motion Submitted
Thu 10/17 8:46 AM
Motion Submitted to District Judge Terrence W. Boyle regarding30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Stouch, L.) |
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utility
Set/Reset Motion and M&R Hearings
Thu 10/17 8:47 AM
Set Hearing as to30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Motion Hearing set for 11/1/2024 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Stouch, L.) |
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| Friday, July 12, 2024 | ||
| 36 | 36
respm
Reply to Response to Motion
Fri 07/12 1:29 PM
REPLY to Response to Motion regarding30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Reply Brief in Support of Motion to Dismiss filed by A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Russell, Stephen) |
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| Monday, July 08, 2024 | ||
| 35 | 35
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 07/08 4:09 PM
ORDER granting34 Consent MOTION for Extension of Time to File Reply as to33 Response in Opposition to Motion. Reply due by 7/15/2024. Signed by District Judge Terrence W. Boyle on 7/3/2024. (Stouch, L.) |
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| Wednesday, July 03, 2024 | ||
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utility
Motion Submitted
Wed 07/03 11:59 AM
Motion Submitted to District Judge Terrence W. Boyle regarding34 Consent MOTION for Extension of Time to File Reply as to33 Response in Opposition to Motion,30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Joint Consent Motion for Extension of Time . (Stouch, L.) |
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| Friday, June 28, 2024 | ||
| 34 | 34
motion
Extension of Time to File Response/Reply
Fri 06/28 2:25 PM
Consent MOTION for Extension of Time to File Response/Reply as to33 Response in Opposition to Motion,30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Joint Consent Motion for Extension of Time filed by A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Russell, Stephen) |
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Att: 1
Text of Proposed Order (Proposed Order Granting Defendants' Joint Consent Motion for Extension of Time)
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| Monday, June 24, 2024 | ||
| 33 | 33
respm
Response in Opposition to Motion
Mon 06/24 6:39 PM
RESPONSE in Opposition regarding30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Shawana Almendarez, Morag Black Polaski, North Carolina Justice For All Project. (Sherman, Paul) |
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| Wednesday, June 05, 2024 | ||
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utility
Motion Referred to Clerk
Wed 06/05 3:52 PM
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding32 Consent MOTION for Extension of Time to File Response as to30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Stouch, L.) |
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 06/05 4:09 PM
TEXT ORDER granting Plaintiffs' Unopposed Motion for Extension of Time32 . For good cause shown, it is ordered that Plaintiffs have up to and including June 24, 2024, within which respond to the Joint Motion to Dismiss30 . Signed by Peter A. Moore, Jr., Clerk of Court on 6/5/2024. (Hockaday, A.) |
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| Wednesday, May 29, 2024 | ||
| 32 | 32
motion
Extension of Time to File Response/Reply
Wed 05/29 3:42 PM
Consent MOTION for Extension of Time to File Response/Reply as to30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Shawana Almendarez, Morag Black Polaski, North Carolina Justice For All Project. (Sherman, Paul) |
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Att: 1
Text of Proposed Order
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| Monday, May 20, 2024 | ||
| 31 | 31
26
pgs
respoth
Memorandum in Support
Mon 05/20 4:57 PM
Memorandum in Support regarding30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Russell, Stephen) |
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| 30 | 30
motion
Dismiss for Failure to State a Claim
Mon 05/20 4:52 PM
Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Russell, Stephen) |
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| Thursday, May 16, 2024 | ||
| 29 | 29
notice
Notice of Appearance
Thu 05/16 1:08 PM
Notice of Appearance filed by Elizabeth Curran O'Brien on behalf of Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (O'Brien, Elizabeth) |
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| Wednesday, May 15, 2024 | ||
| 28 | 28
notice
Notice of Appearance
Wed 05/15 2:35 PM
Notice of Appearance filed by Chris D. Agosto Carreiro on behalf of Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (Agosto Carreiro, Chris) |
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| Wednesday, April 24, 2024 | ||
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order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction
Wed 04/24 8:36 AM
TEXT ORDER - In light of the filing of the amended complaint, the motion to dismiss the original complaint [DE 13] filed by defendant Stein is DENIED AS MOOT. See Fawzy v. Wauquiez Boats SNC, 873 F.3d 451, 455 (4th Cir. 2017). Entered by District Judge Terrence W. Boyle on 4/24/2023. (Stouch, L.) |
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| Friday, April 19, 2024 | ||
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utility
Motion Submitted
Fri 04/19 9:34 AM
Motion Submitted to District Judge Terrence W. Boyle regarding13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Jurisdiction. (Stouch, L.) |
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| Friday, March 22, 2024 | ||
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service
Waiver of Service Executed
Fri 03/22 6:31 PM
Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Spencer B. Merriweather III waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) |
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| 26 | 26
service
Waiver of Service Executed
Fri 03/22 6:30 PM
Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Ashlie Shanley waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) |
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| 25 | 25
service
Waiver of Service Executed
Fri 03/22 6:29 PM
Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Nancy Lorrin Freeman waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) |
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| 24 | 24
service
Waiver of Service Executed
Fri 03/22 6:28 PM
Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Benjamin R. David waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) |
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| 23 | 23
service
Waiver of Service Executed
Fri 03/22 6:27 PM
Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. Ernie Lee waiver sent on 3/22/2024, answer due 5/21/2024. (Sherman, Paul) |
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| 22 | 22
misc
Financial Disclosure Statement
Fri 03/22 11:49 AM
Financial Disclosure Statement by A. Todd Brown (Russell, Stephen) |
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| 21 | 21
notice
Notice of Appearance
Fri 03/22 11:46 AM
Notice of Appearance filed by Stephen McDaniel Russell, Jr on behalf of A. Todd Brown. (Russell, Stephen) |
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| 20 | 20
notice
Notice of Appearance
Fri 03/22 11:44 AM
Notice of Appearance filed by Alan W. Duncan on behalf of A. Todd Brown. (Duncan, Alan) |
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| Thursday, March 21, 2024 | ||
| 19 | 19
service
Waiver of Service Executed
Thu 03/21 5:32 PM
Waiver of Service Returned Executed filed by North Carolina Justice For All Project, Shawana Almendarez, Morag Black Polaski. A. Todd Brown waiver sent on 3/21/2024, answer due 5/20/2024. (Sherman, Paul) |
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| 18 | 18
service
Summons Issued
Thu 03/21 10:08 AM
Summonses Issued as to A. Todd Brown, Benjamin R. David, Nancy Lorrin Freeman, Ernie Lee, Spencer B. Merriweather III, Ashlie Shanley. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Sellers, N.) |
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| Monday, March 18, 2024 | ||
| 17 | 17
notice
Notice-other
Mon 03/18 3:29 PM
Notice filed by Shawana Almendarez, Morag Black Polaski, North Carolina Justice For All Project regarding16 Amended Complaint,, . (Sherman, Paul) |
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Att: 1
Exhibit A to First Amended Complaint,
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Att: 2
Exhibit B to First Amended Complaint,
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Att: 3
Exhibit C to First Amended Complaint
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| 16 | 16
cmp
Amended Complaint
Mon 03/18 2:23 PM
AMENDED COMPLAINT against Ernie Lee, Benjamin R. David, Nancy Lorrin Freeman, Ashlie Shanley, Spencer B. Merriweather III, A. Todd Brown, filed by Morag Black Polaski, North Carolina Justice For All Project, Shawana Almendarez. (Sherman, Paul) |
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Att: 1
Proposed Summons Ernie Lee, in his official capacity,
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Att: 2
Proposed Summons Benjamin R. David, in his official capacity,
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Att: 3
Proposed Summons Nancy Lorrin Freeman, in her official capacity,
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Att: 4
Proposed Summons Ashlie Shanley, in her official capacity,
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Att: 5
Proposed Summons Spencer B. Merriweather III, in his official capacity,
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Att: 6
Proposed Summons A. Todd Brown, in his official capacity
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| Monday, February 26, 2024 | ||
| 15 | 15
1
pgs
discov
Order for Discovery Plan
Mon 02/26 3:46 PM
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 2/26/2024. (Stouch, L.) |
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| 14 | 14
24
pgs
respoth
Memorandum in Support
Mon 02/26 12:09 PM
Memorandum in Support regarding13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Josh Stein. (Newman, Carl) |
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| 13 | 13
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Mon 02/26 12:02 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by Josh Stein. (Newman, Carl) |
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| Thursday, February 01, 2024 | ||
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utility
Case Selected for Mediation
Thu 02/01 11:02 AM
Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Sellers, N.) |
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| Monday, January 22, 2024 | ||
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utility
Motion Referred to Clerk
Mon 01/22 3:50 PM
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding12 MOTION for Extension of Time to File Answer. (Stouch, L.) |
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order
Order on Motion for Extension of Time to Answer
Mon 01/22 4:01 PM
TEXT ORDER granting Defendant's Motion for Extension of Time12 . For good cause shown, it is ordered that Defendant has up to and including February 26, 2024, within which to answer or otherwise respond to the Complaint1 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/22/2024. (Hockaday, A.) |
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| Friday, January 19, 2024 | ||
| 12 | 12
motion
Extension of Time to File Answer
Fri 01/19 1:01 PM
MOTION for Extension of Time to File Answer filed by Josh Stein. (Newman, Carl) |
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Att: 1
Text of Proposed Order
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| 11 | 11
misc
Financial Disclosure Statement
Fri 01/19 12:39 PM
Financial Disclosure Statement by Josh Stein (Newman, Carl) |
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| 10 | 10
notice
Notice of Appearance
Fri 01/19 12:27 PM
Notice of Appearance filed by Carl M. Newman on behalf of All Defendants. (Newman, Carl) |
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| Tuesday, January 09, 2024 | ||
| 9 | 9
service
Summons Returned Executed
Tue 01/09 9:42 AM
SUMMONS Returned Executed by Morag Black Polaski, North Carolina Justice For All Project, Shawana Almendarez. Josh Stein served on 1/5/2024, answer due 1/26/2024. (Sherman, Paul) |
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| Thursday, January 04, 2024 | ||
| 8 | 8
service
Summons Issued
Thu 01/04 11:19 AM
Summons Issued as to Josh Stein. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
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| 7 | 7
notice
Notice of Special Appearance
Thu 01/04 10:29 AM
Notice of Special Appearance for non-district by Christian W Lansinger on behalf of All Plaintiffs. (Lansinger, Christian) |
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| 6 | 6
notice
Notice of Special Appearance
Thu 01/04 10:27 AM
Notice of Special Appearance for non-district by Paul Sherman on behalf of All Plaintiffs. (Sherman, Paul) |
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| 5 | 5
misc
Financial Disclosure Statement
Thu 01/04 10:21 AM
Financial Disclosure Statement by North Carolina Justice For All Project (Eisinger, Vince) |
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| 4 | 4
misc
Financial Disclosure Statement
Thu 01/04 10:19 AM
Financial Disclosure Statement by Shawana Almendarez (Eisinger, Vince) |
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| 3 | 3
misc
Financial Disclosure Statement
Thu 01/04 10:18 AM
Financial Disclosure Statement by Morag Black Polaski (Eisinger, Vince) |
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| 2 | 2
notice
Notice of Appearance
Thu 01/04 10:14 AM
Notice of Appearance filed by Vince R. Eisinger on behalf of All Plaintiffs. (Eisinger, Vince) |
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| 1 | 1
23
pgs
cmp
Complaint
Thu 01/04 10:04 AM
COMPLAINT against Josh Stein ( Filing fee $ 405 receipt number ANCEDC-7417676.), filed by Morag Black Polaski, North Carolina Justice For All Project, Shawana Almendarez. (Eisinger, Vince) |
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Att: 1
Exhibit A - Guidelines on the Use of Paralegals,
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Att: 2
Exhibit B- UPL FAQs,
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Att: 3
Exhibit C - NC eCourts Guide and File Disclaimers Page,
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Att: 4
Civil Cover Sheet,
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Att: 5
Proposed Summons
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