WILSON v. DAVIDSON COUNTY SHERIFF'S OFFICE et al
North Carolina Middle District Court | |
Judge: | Thomas D Schroeder |
Referred: | L Patrick Auld |
Case #: | 1:24-cv-00219 |
Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
Cause | 42:1983 Prisoner Civil Rights |
Case Filed: | Mar 12, 2024 |
Case in other court: | Davidson County Superior Court, 24cvs389 |
Last checked: Monday Jan 27, 2025 4:04 PM EST |
Defendant
DAVIDSON COUNTY
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Represented By
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Defendant
DAVIDSON COUNTY SHERIFF'S OFFICE
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Represented By
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Defendant
CELIA ENTWISTLE
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Represented By
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Defendant
IMS CORRECTIONAL HEALTHCARE, LLC
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Represented By
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Defendant
JONATHAN LAMBETH
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Represented By
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Defendant
LPN MICHELLE MADDEN
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Represented By
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Defendant
LOGAN PETERS
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Represented By
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Defendant
RICHIE T. SIMMONS
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Represented By
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Mediator
ASA L. BELL, JR.
Law Office of Asa L. Bell, Jr., PA 4600 Marriott Drive, Ste. 200
Raleigh, NC 27612 |
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Plaintiff
SUSAN WILSON
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Represented By
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TERMINATED PARTIES | |
Defendant
CORRECTIONAL BEHAVIORAL HEALTH, PLLC
Terminated: 05/22/2024
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Represented By
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Docket last updated: 04/25/2025 11:59 PM EDT |
Thursday, April 24, 2025 | ||
45 | 45
![]() NOTICE of Attorney Appearance by attorney JAKE WILLIAM STEWART on behalf of Defendants DAVIDSON COUNTY, JONATHAN LAMBETH, LOGAN PETERS, RICHIE T. SIMMONS (STEWART, JAKE) |
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Wednesday, April 23, 2025 | ||
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Motions Referred
Wed 04/23 8:59 AM
Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE:44 Consent MOTION to Amend the Joint Rule 26(f) Report. (ae) |
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order
Order on Motion to Amend
Wed 04/23 9:49 AM
TEXT ORDER granting in part44 Consent Motion to Amend, in that (1) Defendants shall serve any expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)(B) and (C) by 08/11/2025, (2) Plaintiff shall serve any rebuttal expert reports within the meaning of Federal Rule of Civil Procedure 26(e)(2)(B)(ii) by 09/02/2025, (3) the parties shall complete discovery by 09/16/2025, and (4) the parties shall file any dispositive motions and any motions to exclude any expert evidence/testimony by 09/30/2025. All other terms and conditions of the original Joint Rule 26(f) as modified by the Text Orders dated June 12, 2024, and February 10, 2025 shall remain the same, including as to the setting of a trial date. The parties should not anticipate receiving any further extensions of any of these deadlines. Issued by MAG/JUDGE L. PATRICK AULD on 04/22/2025. (AULD, L.) |
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Set/Reset Scheduling Order Deadlines
Wed 04/23 12:48 PM
Set/Reset Scheduling Order Deadlines: Discovery due by 9/16/2025. Dispositive Motions due by 9/30/2025. (at) |
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Tuesday, April 22, 2025 | ||
44 | 44
![]() Consent MOTION to Amend the Joint Rule 26(f) Report by CELIA ENTWISTLE, IMS CORRECTIONAL HEALTHCARE, LLC, MICHELLE MADDEN. Response to Motion due by 5/13/2025(SILVER, MEGAN) |
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Att: 1
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Friday, February 28, 2025 | ||
43 | 43
![]() ORDER AMENDING THE JOINT RULE 26(f) REPORT signed by MAG/JUDGE L. PATRICK AULD on 2/28/2025; that Joint Rule 26(f) Report shall be amended as follows: 1. April 14, 2025 Plaintiff's Expert Disclosures; 2. May 14, 2025 Defendants' Expert Disclosures; 3. June 4, 2025 Plaintiff's Rebuttal Experts; 4. June 13, 2025 Discovery completion date; 5. June 13, 2025 Mediation Deadline; 6. July 14, 2025 Dispositive Motion Deadline; and All other terms and conditions of the original Joint Rule 26(f) as modified by the Text Orders dated June 12, 2024, and February 10, 2025 shall remain the same, including as to the setting of a trial date. (sh) |
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Set/Reset Scheduling Order Deadlines
Fri 02/28 9:36 AM
Reset Scheduling Order Deadlines: Discovery due by 6/13/2025. Dispositive Motions due by 7/14/2025. Mediation due by 6/13/2025. (sh) |
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Wednesday, February 26, 2025 | ||
42 | 42
![]() Consent JOINT MOTION to Amend the Rule 26(f) Report by SUSAN WILSON. (DEVORE, F.) |
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Motions Referred
Wed 02/26 12:13 PM
Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE:42 Consent JOINT MOTION to Amend the Rule 26(f) Report. (ae) |
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Monday, February 10, 2025 | ||
order
Order on Motion to Amend
Mon 02/10 2:31 PM
TEXT ORDER granting41 Motion to Amend Joint Rule 26(f) Report and authorizing the parties to take up to 15 (rather than 10) depositions, including of experts. This allowance does not alter any deadlines in this case. Issued by MAG/JUDGE L. PATRICK AULD on 02/10/2025. (AULD, L.) |
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Friday, February 07, 2025 | ||
41 | 41
![]() MOTION to Amend Rule 26f (Joint), by SUSAN WILSON. Response to Motion due by 2/28/2025(GILMER, SHELBY) |
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Att: 1
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Motions Referred
Fri 02/07 11:26 AM
Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE:41 MOTION to Amend Rule 26f (Joint). (ae) |
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Monday, October 07, 2024 | ||
order
Order on Motion for Extension of Time-Other
Mon 10/07 12:04 PM
TEXT ORDER granting39 Motion for Extension of Time. Defendant Celia Entwistle, M.D., shall have until 11/25/2024 to respond to Plaintiff's First Set of Interrogatories, First Request for Production of Documents, and First Request for Admissions. Issued by MAG/JUDGE L. PATRICK AULD on 10/07/2024. (AULD, L.) |
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order
Order on Motion for Extension of Time-Other
Mon 10/07 12:07 PM
TEXT ORDER granting38 Motion for Extension of Time. Defendant IMS Correctional Healthcare, LLC shall have until 11/25/2024 to respond to Plaintiff's First Set of Interrogatories, First Request for Production of Documents, and First Request for Admissions. Issued by MAG/JUDGE L. PATRICK AULD on 10/07/2024. (AULD, L.) |
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order
Order on Motion for Extension of Time-Other
Mon 10/07 12:09 PM
TEXT ORDER granting40 Motion for Extension of Time. Defendant Michelle Madden, LPN, shall have until 11/25/2024 within which to respond to Plaintiff's First Set of Interrogatories, First Request for Production of Documents, and First Request for Admissions. Issued by MAG/JUDGE L. PATRICK AULD on 10/07/2024. (AULD, L.) |
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Friday, October 04, 2024 | ||
40 | 40
![]() MOTION for Extension of Time to Respond to Plaintiff's First Set of Discovery by MICHELLE MADDEN. (LITTLE, J.) |
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39 | 39
![]() MOTION for Extension of Time to Respond to Plaintiff's First Set of Discovery by CELIA ENTWISTLE. (LITTLE, J.) |
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38 | 38
![]() MOTION for Extension of Time to Respond to Plaintiff's First Set of Discovery by IMS CORRECTIONAL HEALTHCARE, LLC. (LITTLE, J.) |
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Motions Referred
Fri 10/04 2:05 PM
Motion Referred to MAG/JUDGE L. PATRICK AULD: RE:38 MOTION for Extension of Time to Respond to Plaintiff's First Set of Discovery , (ae) |
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Motions Referred
Fri 10/04 4:45 PM
Motions Referred to MAGISTRATE JUDGE L. PATRICK AULD RE:39 MOTION for Extension of Time to Respond to Plaintiff's First Set of Discovery ,40 MOTION for Extension of Time to Respond to Plaintiff's First Set of Discovery. (ae) |
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Friday, September 13, 2024 | ||
order
Order on Motion for Extension of Time to Amend
Fri 09/13 8:53 AM
TEXT ORDER granting37 Motion for Extension of Time. Plaintiff shall file any motion for leave to amend pleadings by 11/12/2024. Issued by MAG/JUDGE L. PATRICK AULD on 09/13/2024. (AULD, L.) |
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Thursday, September 12, 2024 | ||
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Motions Referred
Thu 09/12 4:32 PM
Motion Referred: RE:37 First MOTION for Extension of Time to Amend Pleadings , to MAG/JUDGE L. PATRICK AULD. (km) |
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Tuesday, September 10, 2024 | ||
37 | 37
![]() First MOTION for Extension of Time to Amend Pleadings by SUSAN WILSON. (GILMER, SHELBY) |
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Monday, August 26, 2024 | ||
36 | 36
![]() CONSENT PROTECTIVE ORDER granting35 Motion for Protective Order as set out herein. Signed by MAG/JUDGE L. PATRICK AULD on 08/26/2024. (at) |
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Motions Referred
Mon 08/26 8:50 AM
Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE:35 Consent MOTION for Protective Order. (ae) |
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Friday, August 23, 2024 | ||
35 | 35
![]() Consent MOTION for Protective Order by DAVIDSON COUNTY, DAVIDSON COUNTY SHERIFF'S OFFICE, JONATHAN LAMBETH, LOGAN PETERS, RICHIE T. SIMMONS. Response to Motion due by 9/6/2024(MCDANIEL, KAYLA) |
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Att: 1
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Tuesday, July 23, 2024 | ||
34 | 34
![]() NOTICE of Attorney Appearance by attorney MEGAN N. SILVER on behalf of Defendants CELIA ENTWISTLE, IMS CORRECTIONAL HEALTHCARE, LLC, MICHELLE MADDEN (SILVER, MEGAN) |
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Wednesday, July 17, 2024 | ||
33 | 33
![]() NOTICE of Attorney Appearance by attorney THOMAS F. RAMER on behalf of Plaintiff SUSAN WILSON (RAMER, THOMAS) |
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Tuesday, June 18, 2024 | ||
32 | 32
![]() ORDER Appointing ASA L. BELL, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (mb) |
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Case Referred to Mediation
Tue 06/18 8:13 AM
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. (mb) |
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order
Mediation Scheduling Order
Tue 06/18 8:19 AM
MEDIATION SCHEDULING ORDER; Mediation due by 4/28/2025. (mb) |
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Wednesday, June 12, 2024 | ||
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Motions Referred
Wed 06/12 10:39 AM
Motions Referred: RE:30 L.R. 5.5 Report-Joint filed by all parties,31 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (kg) |
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order
Rule 26f - Joint
Wed 06/12 11:12 AM
TEXT ORDER adopting31 Joint Rule 26(f) Report with the following clarifications/modifications: (1) the parties shall file any motions seeking leave to amend pleadings or to add parties by 09/12/2024, with any such motions filed after that date subject to Federal Rule of Civil Procedure 16(b)(4), as well as Federal Rule of Civil Procedure 15(a)(2); and (2) the trial notice, which the Clerk shall issue setting a trial date based on the standard considerations (which do not include any guarantee of a ruling on dispositive motions in advance of the trial date), shall set the dates for the final pretrial conference, as well as the deadlines for final pretrial filings, such as motions in limine and final pretrial disclosures and objections under Federal Rule of Civil Procedure 26(a)(3) (again without regard to the timing of any ruling on any dispositive motions). Issued by MAG/JUDGE L. PATRICK AULD on 06/12/2024. (AULD, L.) |
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order
Order on Motion for L.R. 5.5 Report-Joint
Wed 06/12 11:14 AM
TEXT ORDER adopting30 Joint L.R. 5.5 Report. Issued by MAG/JUDGE L. PATRICK AULD on 06/12/2024. (AULD, L.) |
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Set/Reset Scheduling Order Deadlines
Wed 06/12 1:51 PM
Set/Reset Scheduling Order Deadlines: Discovery shall be placed on a case- management track designated in LR 26.1(a)(2) as Exceptional. Plaintiff's Amended Pleadings due by 9/12/2024. Defendants' Amended Pleadings due by 9/12/2024. Joinder of Parties for Plaintiff due by 9/12/2024. Joinder of Parties for Defendants due by 9/12/2024. Discovery due by 4/30/2025. All motions, including any dispositive motions and motions to exclude experts or portions of expert testimony, shall be filed on or before May 1, 2025. The Parties have designated Asa Bell as mediator. Mediation due by 4/28/2025. The Parties do not consent to the case being referred to a Magistrate Judge. The Parties propose a trial date to occur no earlier than thirty (30) days after the Court has issued its rulings on all outstanding dispositive motions. Trial of this action is expected to last 10-14 days. A jury trial has been demanded. (at) |
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notice
Working Copies Notice
Wed 06/12 1:52 PM
NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (at) |
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Tuesday, June 11, 2024 | ||
31 | 31
![]() Rule 26(f) Report (Joint) filed by all parties by CELIA ENTWISTLE, IMS CORRECTIONAL HEALTHCARE, LLC, MICHELLE MADDEN.(LITTLE, J.) |
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30 | 30
![]() L.R. 5.5 Report-Joint filed by all parties by CELIA ENTWISTLE, IMS CORRECTIONAL HEALTHCARE, LLC, MICHELLE MADDEN.(LITTLE, J.) |
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Friday, May 24, 2024 | ||
29 | 29
![]() NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 6/24/2024 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (kg) |
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Wednesday, May 22, 2024 | ||
28 | 28
![]() NOTICE of Attorney Appearance by attorney SHELBY GILMER on behalf of Plaintiff SUSAN WILSON (GILMER, SHELBY) |
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27 | 27
![]() STIPULATION of Dismissal of Correctional Behavioral Health PLLC without prejudice by SUSAN WILSON. (DEVORE, F.) |
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26 | 26
![]() ***FILED IN ERROR***STIPULATION of Dismissal of Correctional Behavioral Health, PLLC Without Prejudice by SUSAN WILSON. (GILMER, SHELBY) Modified on 5/22/2024, Attorney Shelby Gilmer is not an attorney of record in this case. Plaintiff's represented attorney Fred William Devore, III or attorney F. William Devore will file the Stipulation of Dismissal under their user name and password. (at) |
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Tuesday, May 14, 2024 | ||
25 | 25
![]() ANSWER to Amended Complaint by MICHELLE MADDEN. (COOK, MEGAN) |
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24 | 24
![]() ANSWER to Amended Complaint by CELIA ENTWISTLE. (COOK, MEGAN) |
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Friday, May 10, 2024 | ||
23 | 23
![]() ANSWER to Amended Complaint by DAVIDSON COUNTY, DAVIDSON COUNTY SHERIFF'S OFFICE, JONATHAN LAMBETH, LOGAN PETERS, RICHIE T. SIMMONS. (FLANAGAN, PATRICK) |
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22 | 22
![]() Corporate Disclosure Statement as to Defendant CORRECTIONAL BEHAVIORAL HEALTH, PLLC. (DANDY, KATHERINE) Modified on 5/10/2024 to add party name. (sh) |
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Wednesday, May 01, 2024 | ||
21 | 21
![]() MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss by SUSAN WILSON.(DEVORE, F.) |
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Att: 1
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Motions Referred
Wed 05/01 2:37 PM
Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE:21 MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss. (ae) |
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 05/01 2:41 PM
TEXT ORDER granting21 Motion for Extension of Time. Plaintiff shall file any response to18 Motion to Dismiss by 06/06/2024. Issued by MAG/JUDGE L. PATRICK AULD on 05/01/2024. (AULD, L.) |
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Monday, April 29, 2024 | ||
20 | 20
![]() Corporate Disclosure Statement. (DANDY, KATHERINE) |
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Friday, April 26, 2024 | ||
19 | 19
![]() BRIEF re18 MOTION to Dismiss .(DANDY, KATHERINE) |
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Att: 1
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18 | 18
![]() MOTION to Dismiss by CORRECTIONAL BEHAVIORAL HEALTH, PLLC. Response to Motion due by 5/17/2024 (DANDY, KATHERINE) |
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Friday, April 19, 2024 | ||
17 | 17
![]() NOTICE of Attorney Appearance by attorney RYAN O'KEITH HARGRAVE on behalf of Defendant CORRECTIONAL BEHAVIORAL HEALTH, PLLC (HARGRAVE, RYAN) |
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16 | 16
![]() NOTICE of Attorney Appearance by attorney KATHERINE DANDY on behalf of Defendant CORRECTIONAL BEHAVIORAL HEALTH, PLLC (DANDY, KATHERINE) |
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Thursday, April 18, 2024 | ||
15 | 15
![]() NOTICE of Attorney Appearance by attorney KAYLA NICOLE MCDANIEL on behalf of Defendants DAVIDSON COUNTY, DAVIDSON COUNTY SHERIFF'S OFFICE, JONATHAN LAMBETH, LOGAN PETERS, RICHIE T. SIMMONS (MCDANIEL, KAYLA) |
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14 | 14
![]() NOTICE of Attorney Appearance by attorney PATRICK HOUGHTON FLANAGAN on behalf of Defendants DAVIDSON COUNTY, DAVIDSON COUNTY SHERIFF'S OFFICE, JONATHAN LAMBETH, LOGAN PETERS, RICHIE T. SIMMONS (FLANAGAN, PATRICK) |
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Wednesday, April 17, 2024 | ||
13 | 13
![]() ANSWER to Amended Complaint by IMS CORRECTIONAL HEALTHCARE, LLC. (COOK, MEGAN) |
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12 | 12
![]() AFFIDAVIT OF SERVICE as to CORRECTIONAL BEHAVIORAL HEALTH, PLLC served on 4/5/2024, answer due 4/26/2024; IMS CORRECTIONAL HEALTHCARE, LLC served on 2/29/2024, answer due 3/21/2024.(DEVORE, F.) |
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Att: 1
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Att: 2
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Monday, April 01, 2024 | ||
11 | 11
![]() WAIVER OF SERVICE Returned Executed by SUSAN WILSON. CELIA ENTWISTLE waiver sent on 3/28/2024, answer due 5/28/2024; MICHELLE MADDEN waiver sent on 3/28/2024, answer due 5/28/2024. (DEVORE, F.) |
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Friday, March 29, 2024 | ||
10 | 10
![]() Summons Reissued as to CORRECTIONAL BEHAVIORAL HEALTH, PLLC. (cc) |
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Thursday, March 28, 2024 | ||
9 | 9
![]() First AMENDED COMPLAINT against defendant CORRECTIONAL BEHAVIORAL HEALTH, PLLC, DAVIDSON COUNTY, JANE DOE, JOHN DOE, IMS CORRECTIONAL HEALTHCARE, LLC, JONATHAN LAMBETH, LOGAN PETERS, RICHIE T. SIMMONS, filed by SUSAN WILSON.(DEVORE, F.) |
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Thursday, March 21, 2024 | ||
8 | 8
![]() WAIVER OF SERVICE Returned Executed by SUSAN WILSON. DAVIDSON COUNTY waiver sent on 3/13/2024, answer due 5/13/2024; JONATHAN LAMBETH waiver sent on 3/13/2024, answer due 5/13/2024; LOGAN PETERS waiver sent on 3/13/2024, answer due 5/13/2024; RICHIE T. SIMMONS waiver sent on 3/13/2024, answer due 5/13/2024. (DEVORE, F.) |
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7 | 7
![]() Notice of Right to Consent. (lg) |
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Att: 1
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Thursday, March 14, 2024 | ||
6 | 6
![]() Corporate Disclosure Statement identifying Corporate Parent Lancer IMS Holdings, LLC, Corporate Parent Lancer IMS Blocker, LLC for IMS CORRECTIONAL HEALTHCARE, LLC.. (LITTLE, J.) |
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5 | 5
![]() NOTICE of Attorney Appearance by attorney J. MATTHEW LITTLE on behalf of Defendant IMS CORRECTIONAL HEALTHCARE, LLC (LITTLE, J.) |
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Case Assigned
Thu 03/14 10:36 AM
Case ASSIGNED to JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (cc) |
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Wednesday, March 13, 2024 | ||
4 | 4
![]() Summons Issued as to All Defendants. (State Court document originally filed in Davidson County Superior Court, case number 24CVS389, issued 02/15/2024, listed as Attachment 1 to1 Petition for Removal). (cc) |
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3 | 3
![]() COMPLAINT against All Defendants, filed by SUSAN WILSON. (State Court Document originally filed in Davidson County Superior Court, case number 24CVS389, listed as Attachment 1 to1 Petition for Removal). (cc) |
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Tuesday, March 12, 2024 | ||
2 | 2
![]() NOTICE to State Court of Filing Petition for Removal by Defendant IMS CORRECTIONAL HEALTHCARE, LLC (COOK, MEGAN) |
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1 | 1
![]() PETITION FOR REMOVAL against SUSAN WILSON ( Filing fee $ 405 receipt number ANCMDC-3785303.), filed by IMS CORRECTIONAL HEALTHCARE, LLC.(COOK, MEGAN) |
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Att: 1
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