Case: Law v. Britt

Simpson v. Britt

Complaint filed - pltf. alleges overcrowding, understaffing and other conditions of confinement which deprive pltf. of their constitutional rts; seek injunctive relief and atty. fees (bl) (Entered: 05/19/1993)

Summons(es) issued for C. Robin Britt, Gwendolyn C. Chunn, Ginger Heglar, Michael Bryant (bl) (Entered: 05/19/1993)

Case submitted to: Nellie Kirkman (bl) (Entered: 05/19/1993)

Motion by Andre Law, Latonya Bostic for class certification (gm) (Entered: 06/18/1993)

Memorandum by Andre Law, Latonya Bostic in support of [2-1] motion for class certification (gm) (Entered: 06/18/1993)

First Amended class action complaint by Andre Law, Latonya Bostic, adding defendant Tommie Clark :amends [1-1] complaint (gm) (Entered: 06/18/1993)

Summons(es) issued for Tommie Clark (gm) (Entered: 06/18/1993)

Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant for an extension of time to answer or otherwise plead (gm) (Entered: 06/18/1993)

Order granting [5-1] motion for an extension of time to answer or otherwise plead and resetting answer due for 7/26/93 for C. Robin Britt, for Gwendolyn C. Chunn, for Michael Bryant signed by David W. Daniel, Clerk by Heathcoat, Deputy Clerk counsel to serve (gm) (Entered: 06/18/1993)

Motion by Tommie Clark for an extension of time to answer or otherwise plead (gm) (Entered: 06/18/1993)

Order granting [7-1] motion for an extension of time to answer or otherwise plead and resetting answer due for 7/29/93 for Tommie Clark signed by David W. Daniel, Clerk by Heathcoat, Deputy Clerk counsel to serve (gm) (Entered: 06/18/1993)

Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to extend time (fdc) (Entered: 06/24/1993)

Order granting [9-1] motion to extend time, Response to motion reset to 8/23/93 for defendants Britt, Chunn and Bryant [2-1] motion for class certification , Response to motion reset to 8/30/93 for defendant Clark [2- 1] motion for class certification signed by David W. Daniel cc to pltf & cnsl. . (fdc) (Entered: 06/24/1993)

Answer by C. Robin Britt to first amended class action complaint (gm) (Entered: 07/30/1993)

Answer by Gwendolyn C. Chunn to first amended class action complaint (gm) (Entered: 07/30/1993)

Answer by Michael Bryant to first amended clase action complaint (gm) (Entered: 07/30/1993)

Answer by Tommie Clark to first amended class action complaint (gm) (Entered: 07/30/1993)

Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Tommie Clark, Michael Bryant in opposition to [2-1] motion for class certification (gm) (Entered: 09/11/1993)

Motion(s) submitted to Judge Britt: [2-1] motion for class certification submitted (gm) (Entered: 09/13/1993)

Issued Notice of Hearing: on Motion for Class Certification set for Tuesday, Oct. 12, 1993 at 3 pm before J. Britt; cys: J. Britt, NCAG, Mr. Seigle, NCPLS, J. Todd, CtRptr and CtRm deputy (bl) (Entered: 09/24/1993)

Miscellaneous hearing re: [0-0] notice hearing on Motion for Class Certification before Judge W. E. Britt on 10/12/93; cnsl present: Catherine Van Danbury, Jeffrey Seigle for pltfs; John Corney (not present) and Bob Currin - present. pltf. presents Exh. 1 to J. Britt (given a 14 day stay). Written order to follow hrg. (bl) (Entered: 10/13/1993)

Order granting [2-1] motion for class certification signed by Judge Britt. OB Ref: #78,pg.214 cc to pltf & cnsl. (fdc) (Entered: 10/14/1993)

Request for Discovery Stipulation: Stipulation on Discovery due by 1/8/94 (gm) (Entered: 12/16/1993)

Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant to stay entry of scheduling order (fdc) (Entered: 01/11/1994)

Motion by Andre Law, Latonya Bostic to intervene by adding Shannon Price (fdc) (Entered: 01/11/1994)

Motion(s) submitted:Judge Britt [19-1] motion to intervene by adding Shannon Price submitted, [18-1] motion to stay entry of scheduling order submitted (fdc) (Entered: 01/11/1994)

Memorandum by C. Robin Britt, Michael Bryant, Tommie Clark in opposition to [19-1] motion to intervene by adding Shannon Price (fdc) (Entered: 01/28/1994)

Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to dismiss , or in the alternative, for summary judgment with respect to Shannon Price's Motion to Intervene (bl) (Entered: 02/07/1994)

Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in opposition to [19-1] motion to intervene by adding Shannon Price (bl) (Entered: 02/07/1994)

Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in support of [22-1] motion to dismiss, [22-2] motion for summary judgment (bl) (Entered: 02/07/1994)

Response by Shannon Price to [22-1] motion to dismiss, [22-2] motion for summary judgment and reply to Memorandum in Opposition to Motion to Intervene (bl) (Entered: 02/15/1994)

Motion(s) submitted: [22-1] motion to dismiss submitted, [22-2] motion for summary judgment submitted, [19-1] motion to intervene by adding Shannon Price submitted, [18-1] motion to stay entry of scheduling order submitted (bl) (Entered: 02/16/1994)

Order denying [19-1] motion to intervene by adding Shannon Price, denying [18-1] motion to stay entry of scheduling order signed by Judge Britt. OB Ref: #82,pg.113 cc to pltf & cnsl. (fdc) (Entered: 04/29/1994)

Terminated motion to dismiss, or in the alternative, motion for summary judgment (gm) (Entered: 06/02/1994)

Order on Scheduling by Magistrate Judge Denson setting Discovery cutoff 8/31/94 Deadline for filing of all motions 9/30/94 Expert Witness List due on 7/29/94 Bench Trial scheduled for 1/3/95 , No of Interrogatories: 50, and No of Depositions: 10, Place of Trial: Raleigh Trial Judge: Judge Britt cc to NCPLS & cnsl. (fdc) (Entered: 06/06/1994)

Joint Discovery Stipulation - signed by NCAG & NCPLS (bl) (Entered: 06/16/1994)

Motion by Andre Law, Latonya Bostic, Shannon Price to consolidate case with Simpson v. Britt, 5:94-CV-581-F(3) w/ attached memorandum in Support of Motion (bl) (Entered: 09/26/1994)

Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in support of [29-1] motion for a Protective Order to Prohibit Pltfs'. Expert Witnesses from entering the Wake Regional Juvenile Detention Center, Limiting pltfs'. Request for Production of Documents, or, in the alterntive, Order disclosure of Education Records only upon consent of Juvenile's Parents and Limiting the Use and Disclosure of Education Recotds and Extending of the Discovery Period to Permit Depositions of Pltfs. Experts and the Time within which to file motions (bl) (Entered: 09/26/1994)

Document filed by defendant C. Robin Britt, defendant Gwendolyn C. Chunn, defendant Michael Bryant, defendant Tommie Clark titled: Affidavit of Service (bl) (Entered: 09/26/1994)

Response by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to [28-1] motion to consolidate case with Simpson v. Britt, 5:94-CV-581-F(3) w/ attached memorandum in Support of Motion (bl) (Entered: 09/26/1994)

Response by Andre Law, Latonya Bostic, Shannon Price to [29-1] motion for a Protective Order to Prohibit Pltfs'. Expert Witnesses from entering the Wake Regional Juvenile Detention Center, Limiting pltfs'. Request for Production of Documents, or, in the alterntive, Order disclosure of Education Records only upon consent of Juvenile's Parents and Limiting the Use and Disclosure of Education Recotds and Extending of the Discovery Period to Permit Depositions of Pltfs. Experts and the Time within which to file motions (bl) (Entered: 09/26/1994)

Motion(s) submitted: [29-1] motion for a Protective Order to Prohibit Pltfs'. Expert Witnesses from entering the Wake Regional Juvenile Detention Center, Limiting pltfs'. Request for Production of Documents, or, in the alterntive, Order disclosure of Education Records only upon consent of Juvenile's Parents and Limiting the Use and Disclosure of Education Recotds and Extending of the Discovery Period to Permit Depositions of Pltfs. Experts and the Time within which to file motions submitted, [28-1] motion to consolidate case with Simpson v. Britt, 5:94- CV-581-F(3) w/ attached memorandum in Support of Motion submitted (bl) (Entered: 09/26/1994)

Order granting [28-1] motion to consolidate case with Simpson v. Britt, 5:94-CV-581-F(3) and the clerk is directed to maintain all subsequent pleadings the file for Law v. Britt, No. 93-300-CT-BR. All subsequent pleadings should reflect the caption and docket number of each case. All non-dispositive motions are hereby referred to US Magistrate Judge Alexander B. Denson signed by Judge Britt. OB Ref: 85, pg. 139 cc to all cnsl (gm) (Entered: 10/13/1994)

Order denying [29-1] motion for a Protective Order to Prohibit plaintiff's education and detention experts from inspecting the juvenile detention centers, denying motion for protective order that the school records of the juveniles not be produced , denying motion that parental consent for production of juveniles' school records be required , and granting motion to depose plaintiffs' experts and to extending the motion filing deadline to November 10, 1994 the trial os the case is reschedulred for Janary 30, 1995 before Judge Britt in Raleigh signed by Magistrate Judge Denson. OB Ref: 85, pg. 172 cc to all cnsl (gm) (Entered: 10/13/1994)

Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to dismiss state constitution education claim (gm) (Entered: 10/13/1994)

Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in support of [36-1] motion to dismiss state constitution education claim (gm) (Entered: 10/13/1994)

Motion by Andre Law, Latonya Bostic for preliminary injunction (gm) (Entered: 11/03/1994)

Memorandum by Andre Law, Latonya Bostic in support of [38-1] motion for preliminary injunction (gm) (Entered: 11/03/1994)

Deposition of Julia Anne Chessler (gm) (Entered: 11/03/1994)

Deposition of Michael R. Bryant (gm) (Entered: 11/03/1994)

Deposition of Gwendolyn C. Chunn (gm) (Entered: 11/03/1994)

Memorandum by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark in opposition to [2-1] motion for class certification (gm) (Entered: 11/03/1994)

First Amended Answer to Complaint by C. Robin Britt (gm) (Entered: 11/03/1994)

First Amended Answer to Complaint by Tommie Clark (gm) (Entered: 11/03/1994)

First Amended Answer to Complaint by Gwendolyn C. Chunn (gm) (Entered: 11/03/1994)

Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark for protective order (gm) (Entered: 11/03/1994)

Issued Notice of Hearing: Motion hearing before Judge W. E. Britt set for 2:30 pm in Courtroom#2 in Raleigh on 11/9/94 for hearing on Class Certification and [38-1] motion for preliminary injunction (gm) (Entered: 11/07/1994)

Response by C. Robin Britt, Michael Bryant, Tommie Clark to [38-1] motion for preliminary injunction (gm) (Entered: 11/07/1994)

Case submitted to: Judge Britt [0-0] notice hearing Motion hearing before Judge W. E. Britt set for 2:30 pm in Courtroom#2 in Raleigh on 11/9/94 for hearing on Class Certification and [38-1] motion for preliminary injunction submitted (gm) (Entered: 11/07/1994)

Motion by Andre Law, Latonya Bostic, Shannon Price to allow dismissal of state constitution education claim 1cc:Judge Britt (fs) (Entered: 11/08/1994)

Motion(s) submitted: [46-1] motion to allow dismissal of state constitution education claim submitted to Judge Britt (fs) (Entered: 11/08/1994)

Motion by Andre Law, Latonya Bostic, Shannon Price for leave to file second amended complaint (gm) (Entered: 11/09/1994)

Memorandum by Andre Law, Latonya Bostic, Shannon Price in support of [47-1] motion for leave to file second amended complaint (gm) (Entered: 11/09/1994)

Hearing brief by Andre Law, Latonya Bostic, Shannon Price (gm) (Entered: 11/09/1994)

Declaration of Nellie Droes (gm) (Entered: 11/09/1994)

Declaration of Jennavie Sargent (gm) (Entered: 11/09/1994)

Declaration of Jaime Patterson (gm) (Entered: 11/09/1994)

Declaration of Quentin Adams (gm) (Entered: 11/09/1994)

Declaration of Kris Shontee Davis (gm) (Entered: 11/09/1994)

Declaration of Terris Yanina Hull (gm) (Entered: 11/09/1994)

Declaration of Marcus Antwain McKinney (gm) (Entered: 11/09/1994)

Declaration of Edward Williams (gm) (Entered: 11/09/1994)

Declaration of Michael E. Dupree (gm) (Entered: 11/09/1994)

Declaration of Patricia F. Horan (gm) (Entered: 11/09/1994)

Declaration of Alphons Mitchell (gm) (Entered: 11/09/1994)

Memo from Gerry re: approximate dates of detention (gm) (Entered: 11/09/1994)

Motion hearing re: [38-1] motion for preliminary injunction and class certification. Motion hearing held before Judge W. E. Britt Court Reporter: Donna Tomawski Counsel for plaintiff: Marvin Sparrow and Jack Holtzman Counsel for defendant: John R. Corne Time: 45 minutes Motion to dismiss state constitution education claim is allowed. Action is certify as a class action. Motion for protective order is moot. Motion for preliminary injunction withdrawn. (gm) (Entered: 11/09/1994)

Order granting [2-1] motion for class certification, withdrawing [38-1] motion for preliminary injunction, denying as moot [44-1] motion for protective order, reset bench trial before Judge W. E. Britt for 1/30/95 and setting status conference before Judge W. E. Britt for 1/3/95 signed Judge Britt. OB Ref: 86, pg. 130 cc to all counsel (gm) (Entered: 11/13/1994)

Terminated motion to dismiss (gm) (Entered: 11/13/1994)

Declaration of Sarah Joan Franklin (gm) (Entered: 11/13/1994)

Substitute Second Amended complaint by Andre Law adding plaintiff Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell :amends [1-1] complaint (gm) (Entered: 11/22/1994)

Joint Class Stipulation (gm) (Entered: 11/22/1994)

Letter to Judge Britt dated November 15, 1994 from: John R. Corne Re: motion for leave to amend complaint (gm) (Entered: 11/22/1994)

Case submitted to: Judge Britt (gm) (Entered: 11/22/1994)

Order granting [47-1] motion for leave to file second amended complaint the complaint is amended as set forth in the document captioned "Substitute Second Amended Class Action Complaint" filed on 10 November 1994 signed by Judge Britt. OB Ref: 86, p.214 1cc:NCAG, NCPLS (fs) Modified on 11/28/1994 (Entered: 11/28/1994)

Motion by Andre Law, Latonya Bostic, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell for Expedited Response to an Interrogatory (fdc) (Entered: 01/06/1995)

Second Amended Answer to Complaint by C. Robin Britt : amends (fdc) (Entered: 01/06/1995)

Motion by Andre Law, Latonya Bostic, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell to compel Production of Documents with incorporated supporting Memorandum of Law (fdc) (Entered: 01/06/1995)

Calendar issued for Pre-trial conference set at 10:00 am in Raleigh, 6th Floor Courtroom on 1/17/95 before USMJ Alexander B. Denson (gm) (Entered: 01/10/1995)

Calendar issued for Bench trial set at 9:00 am in Raleigh, 7th Floor Courtroom #2 on 1/30/95 before Judge W. E. Britt (gm) (Entered: 01/10/1995)

Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to continue Pre-Trial and Trial and Memorandum in Support w/attached affidavit (fdc) Modified on 01/06/1995 (Entered: 01/06/1995)

Response by Andre Law, Latonya Bostic, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell to [70-1] motion to continue Pre-Trial and Trial and Memorandum in Support (fdc) (Entered: 01/06/1995)

Document filed by plaintiff Andre Law, plaintiff Latonya Bostic, plaintiff Shannon Price, plaintiff Jaime Patterson, plaintiff Kris Shontee Davis, plaintiff Edward Williams, plaintiff Alphons Mitchell titled:Memorandum Regarding Discovery of Notes of Plaintiffs' Expert Witnesses. (fdc) (Entered: 01/06/1995)

Motion by C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark to compel Production of Documents and Memorandum in Support (fdc) (Entered: 01/06/1995)

Order granting [70-1] motion to continue Pre-Trial and Trial reset bench trial before Judge W. E. Britt for 2/27/95 signed by Judge Britt. OB Ref: #87,pg.118 cc to NCPLS & cnsl. (fdc) Modified on 01/10/1995 (Entered: 01/06/1995)

Order denying [73-1] motion to compel Production of Documents signed by Magistrate Judge Denson. OB Ref: #87,pg.119 cc to NCPLS & cnsl. (fdc) (Entered: 01/06/1995)

Document filed by defendant C. Robin Britt, defendant Gwendolyn C. Chunn, defendant Michael Bryant, defendant Tommie Clark titled:Statement of Agreement to Enter into Good Faith Settlement Negotiations. (fdc) (Entered: 01/06/1995)

Joint Stipulation of Confidentiality by Andre Law, Latonya Bostic, C. Robin Britt, Gwendolyn C. Chunn, Michael Bryant, Tommie Clark, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell 1cc:Judge Denson by counsel (fs) (Entered: 01/11/1995)

Order granting [69-1] motion to compel Production of Documents with incorporated supporting Memorandum of Law, Betty Nelson, Cheif Court Counslor of Wake Co. Juvenile Court is ORDERED to produce for inspection and copying all filed and records reguarding John W. no later than January 20, 1995 unless pltf's attorneys agree to a later date signed by Judge Denson. OB Ref: 87, p.142 1cc:all counsel (fs) (Entered: 01/11/1995)

Motion by Andre Law, Latonya Bostic, Shannon Price, Jaime Patterson, Kris Shontee Davis, Edward Williams, Alphons Mitchell with memorandum in support to compel (gm) (Entered: 02/10/1995)