| Court: | nced |
| Docket #: | 2:97-cv-00020 |
| Case Name: | True, et al v. Pleasant Care, Inc., et al |
| PACER case #: | 3135 |
| Date filed: | 1997-04-10 |
| Date terminated: | 2000-03-13 |
| Assigned to: | USMJ Alexander B. Denson |
| Case Cause: | 33:1365 Environmental Matters |
| Nature of Suit: | 893 Environmental Matters |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| William True, Jr. Plaintiff |
Jonathan D. Sasser |
| Cathy True Plaintiff |
Jonathan D. Sasser |
| Pleasant Care, Inc. Defendant |
Gregory A. Wendling |
| Doris W. Eakes Defendant |
Gregory A. Wendling |
| Eakes Investment Company, a North Carolina General Partnership Defendant |
Gregory A. Wendling |
| Eakes Properties Defendant Eakes Properties, Limited Partnership, a North Carolina Limited Partnership |
Gregory A. Wendling |
| Eakes Investment Company, a North Carolina General Partnership Defendant |
Gregory A. Wendling |
| Eakes Investment Corporation, a Florida Corporation and the general partner for Eakes Properties, Limited Partnership Defendant |
Gregory A. Wendling |
| Doris W. Eakes Defendant individually and as a general partner of Eakes Investment Company. |
Gregory A. Wendling |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1997-04-10 | 1 | 0 | Complaint filed alleging violation of section 310 of the Clean Water Act, 33 USC 1311. Seeks declaratory judgment, injunction, penalties, costs and attorney fees, compensatory and punitive damages JURY TRIAL. (fdc) (Entered: 04/11/1997) | |||
| 1997-04-29 | 2 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes to extend time to respond to complaint - w/consent. (fdc) (Entered: 04/29/1997) | |||
| 1997-04-29 | 3 | 0 | Order granting [2-1] motion to extend time to respond to complaint, set answer due for 6/4/97 for Doris W. Eakes, for Pleasant Care, Inc. signed by Deputy Clerk Wells. Served. (fdc) (Entered: 04/29/1997) | |||
| 1997-05-28 | 4 | 0 | Second Motion by Pleasant Care, Inc., Doris W. Eakes to extend time to 6/24/97 to answer complaint (fdc) (Entered: 06/02/1997) | |||
| 1997-05-30 | 5 | 0 | Order granting [4-1] motion to extend time to 6/24/97 to answer complaint, reset answer due for 6/24/97 for Doris W. Eakes, for Pleasant Care, Inc. signed by Daniel, Clerk. Counsel served. (fdc) (Entered: 06/02/1997) | |||
| 1997-06-12 | 6 | 0 | Amended complaint by William True Jr., Cathy True , (Answer due 6/27/97 for Doris W. Eakes, for Pleasant Care, Inc. ) adding defendant Eakes Investment Com :amends [1-1] complaint (fdc) (Entered: 06/17/1997) | |||
| 1997-06-23 | 7 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes to extend time to 7/24/97 to answer (fdc) (Entered: 06/23/1997) | |||
| 1997-06-23 | 8 | 0 | Order granting [7-1] motion to extend time to 7/24/97 to answer, reset answer due for 7/24/97 for Doris W. Eakes, for Pleasant Care, Inc. signed by Daniel, Clerk. Copies served. (fdc) (Entered: 06/25/1997) | |||
| 1997-07-24 | 9 | 0 | Second Joint Motion by William True Jr., Cathy True, Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com to extend time to answer or otherwise respond to the Amended Complaint as counsel for both parties believe that plaintiffs upon recently filing additional real property records with Northhampton Register of Deeds will file another Amended Complaint and this extension will avoid the necessity of current defendants having to file responses to the Amended Complaint as filed 6/12/97 which is to be amended again to either add new defendants and/or delete current defendants. Proposed Order. Submitted to Clerk this date. (fdc) (Entered: 07/24/1997) | |||
| 1997-07-24 | 10 | 0 | Order granting [9-1] motion to extend time to answer or otherwise respond to the Amended Complaint, reset answer due for 8/13/97 for Eakes Investment Com, for Doris W. Eakes, for Pleasant Care, Inc. signed by Daniel, Clerk. (fdc) (Entered: 07/24/1997) | |||
| 1997-07-31 | 11 | 0 | Stipulation by William True Jr. re extension of time for defendant to respond to discover requests. (fdc) (Entered: 08/01/1997) | |||
| 1997-08-12 | 12 | 0 | Second Amended complaint by William True Jr., Cathy True , (Answer due 8/29/97 for Eakes Investment Com, for Doris W. Eakes, for Pleasant Care, Inc. et al ) adding defendant Eakes Properties, Limited Partnership, Eakes Investment Company, a North Carolina General Partnership, Eakes Investment Corporation, a Florida Corporation and the general partner for Eakes Properties, Doris W. Eakes, individually and as a general partner of Eakes Investment Company: amends [6-1] amended complaint, [1-1] complaint (fdc) Modified on 09/02/1997 (Entered: 09/02/1997) | |||
| 1997-08-29 | 13 | 0 | Answer by Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to second amended complaint; jury demand (fdc) Modified on 09/02/1997 (Entered: 09/02/1997) | |||
| 1997-09-02 | 14 | 0 | Request for Discovery Plan: Discovery Plan due by 10/2/97 mailed to counsel. (fdc) (Entered: 09/02/1997) | |||
| 1997-09-18 | 15 | 0 | Defts' Report of Planning Meeting (fdc) (Entered: 09/18/1997) | |||
| 1997-09-18 | 16 | 0 | Plffs' Report of Planning Meeting (fdc) (Entered: 09/19/1997) | |||
| 1997-09-23 | 17 | 0 | Order on Scheduling by Magistrate Denson setting Discovery cutoff 3/31/98 Deadline for filing of all motions 4/30/98 Expert Witness List due on 1/30/98 by plaintiff and 3/18/98 by defendants Jury Trial scheduled for 7/27/98 before Judge Boyle Place: Elizabeth City Copies mailed to counsel (fdc) (Entered: 09/24/1997) | |||
| 1997-09-26 | 18 | 0 | Response by William True Jr., Cathy True to defendants motion for extension of time to respond to discovery requests. (fdc) (Entered: 09/29/1997) | |||
| 1997-09-29 | 19 | 0 | Motion by Pleasant Care, Inc. to extend time to respond to discovery requests Copy to clerk w/proposed order and copy of response to this motion. (fdc) (Entered: 09/29/1997) | |||
| 1997-09-30 | 20 | 0 | Order granting [19-1] motion to extend time to respond to discovery requests to 10/15/97. signed by Daniel, Clerk. Copies mailed to counsel (fdc) (Entered: 09/30/1997) | |||
| 1998-01-23 | 21 | 0 | Motion by William True Jr., Cathy True to compel discovery (fdc) (Entered: 01/26/1998) | |||
| 1998-01-23 | 22 | 0 | Memorandum by William True Jr., Cathy True in support of [21-1] motion to compel discovery, with exhibits A thru F attached. (fdc) (Entered: 01/26/1998) | |||
| 1998-01-30 | 23 | 0 | Affidavit by Phillip Rahn, President of Aquaterra Engineering, Re: [21-1] motion to compel discovery (fdc) (Entered: 01/31/1998) | |||
| 1998-01-30 | 24 | 0 | Affidavit of James O. Gamble, III, Project Specialist of Aquaterra Engineering, Re: [22-1] support memorandum (fdc) (Entered: 01/31/1998) | |||
| 1998-01-30 | 25 | 0 | Affidavit of Jon C. Dyer, Water Section Manager of the Charlotte Office of HDR, Inc., Re: [21-1] motion to compel discovery (fdc) (Entered: 01/31/1998) | |||
| 1998-01-30 | 26 | 0 | Affidavit of Thomas W. Durham, Ph.D, Assoc. Professor of Psychology at E.C.U., Re: [21-1] motion to compel discovery (fdc) (Entered: 01/31/1998) | |||
| 1998-01-30 | 27 | 0 | Affidavit of Lawrence B. Cahoon, Ph.D, Professor of Biological Sciences at UNCW, Re: [21-1] motion to compel discovery (fdc) (Entered: 01/31/1998) | |||
| 1998-01-30 | 28 | 0 | Affidavit of Christine L. Moe, Ph.D, Asst. Prof., Dept. of Epidemiology, UNC, Re: [21-1] motion to compel discovery (fdc) (Entered: 01/31/1998) | |||
| 1998-02-04 | 29 | 0 | Motion by Pleasant Care, Inc. to extend time to 2/20/98 to respond to plaintiff's motion to compel Copy, with proposed order, to Clerk. (fdc) Modified on 02/10/1998 (Entered: 02/10/1998) | |||
| 1998-02-05 | 30 | 0 | Response by William True Jr., Cathy True in opposition to [29-1] motion to extend time to 2/20/98 to respond to plaintiff's motion to compel. (fdc) (Entered: 02/10/1998) | |||
| 1998-02-06 | 31 | 0 | Order granting [29-1] motion to extend time to 2/20/98, Response to motion reset to 2/13/98 for [21-1] motion to compel discovery signed by Daniel, Clerk. Copies mailed to counsel. (fdc) (Entered: 02/10/1998) | |||
| 1998-02-13 | 32 | 0 | Motion by Pleasant Care, Inc. for protective order from continued annoyance, oppression, undue burden and expense of futher responding to discovery requests. Further, seeks its expenses including attorney fees in bringing this Objection and Motion for Protective Order, or in alternative, that each party bear their own costs if the court should find that both such Motions have certain points of merit. (fdc) (Entered: 02/18/1998) | |||
| 1998-02-13 | 33 | 0 | Memorandum by Pleasant Care, Inc. in support of [32-1] motion for protective order from continued annoyance, oppression, undue burden and expense of futher responding to discovery requests. Further, seeks its expenses including attorney fees in bringing this Objection and Motion for Protective Order, or in alternative, that each party bear their own costs if the court should find that both such Motions have certain points of merit., [32-1] opposition response (fdc) (Entered: 02/18/1998) | |||
| 1998-02-17 | 34 | 0 | Response by William True Jr., Cathy True in opposition to [32-1] motion for protective order from continued annoyance, oppression, undue burden and expense of futher responding to discovery requests. Further, seeks its expenses including attorney fees in bringing this Objection and Motion for Protective Order, or in alternative, that each party bear their own costs if the court should find that both such Motions have certain points of merit. (fdc) (Entered: 02/18/1998) | |||
| 1998-02-24 | 35 | 0 | Order granting in part, denying in part [32-1] motion for protective order from continued annoyance, oppression, undue burden and expense of futher responding to discovery requests. Further, seeks its expenses including attorney fees in bringing this Objection and Motion for Protective Order, or in alternative, that each party bear their own costs if the court should find that both such Motions have certain points of merit., granting in part, denying in part [21-1] motion to compel discovery. Plaintiff's Motion to Compel is ALLOWED and Defendants' Motion for Protective Order is DENIED as to: Plaintiffs' First Set of Interrogatories; the first 5 interrogatories in Plaintiffs' Second Set of Interrogatories; all Requests for Admissions and all Requests for Production of Dlcuments. Defendants' Motion for Protective Order is ALLOWED and Plaintiffs' Motion to Compel is DENIED as to Plaintiffs' Third Set of Interrogatories and interrogatory No. 6 in Plaintiffs' Second Set of Interrogatories. Answers responsive to the discovery compelled in this Order must be served no later than March 16, 1998. No costs or attorneys fees are taxed at this juncture. signed by Denson, USMJ. Copies mailed to counsel. (fdc) (Entered: 02/24/1998) | |||
| 1998-03-05 | 36 | 0 | Motion by William True Jr., Cathy True, Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to extend discovery (fdc) (Entered: 03/06/1998) | |||
| 1998-03-12 | 37 | 0 | Order granting [36-1] motion to extend discovery, all fact and expert depositions to be concluded by 4/30/98; reset rebuttal expert witness list due for 4/17/98 , reset motion filing deadline for 5/18/98 signed by Denson, USMJ. Copies mailed to counsel. (fdc) (Entered: 03/12/1998) | |||
| 1998-04-08 | 38 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to extend discovery as previously scheduled 3/12/98. States consent. (fdc) (Entered: 04/09/1998) | |||
| 1998-04-16 | 39 | 0 | Order granting [38-1] motion to extend discovery as previously scheduled 3/12/98., reset motion filing deadline for 4/22/98 The other Discovery Scheduling Orders, as previously entered on 3/12/98 shall remain in force and effect. signed by Denson, USMJ. Copies mailed to counsel. (fdc) (Entered: 04/16/1998) | |||
| 1998-04-17 | 40 | 0 | Affidavit by Bryson D. Trexler, Jr., for William True Jr., Cathy True Re: Rebuttal of Affidavit of Kevin Martin on 2/27/98. (fdc) (Entered: 04/21/1998) | |||
| 1998-04-29 | 41 | 0 | Affidavit by Kevin C. Martin in support of Pleasant Care, - w/Exh. A-I. (fdc) (Entered: 04/30/1998) | |||
| 1998-04-30 | 42 | 0 | Motion by William True Jr., Cathy True to compel responses from defts. Pleasant Care & Doris W. Eakes to plffs' 1st set of interr. & requests (fdc) (Entered: 05/01/1998) | |||
| 1998-04-30 | 43 | 0 | Memorandum by William True Jr., Cathy True in support of [42-1] motion to compel responses from defts. Pleasant Care & Doris W. Eakes to plffs' 1st set of interr. & requests - w/Exh. A-K. (fdc) (Entered: 05/01/1998) | |||
| 1998-05-13 | 44 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to extend time for the filing of dispositive motions - w/memo. in support. (fdc) (Entered: 05/14/1998) | |||
| 1998-05-13 | 45 | 0 | Memorandum by William True Jr., Cathy True in opposition to [44-1] motion to extend time for the filing of dispositive motions - w/attachments. (fdc) (Entered: 05/14/1998) | |||
| 1998-05-15 | 46 | 0 | Response by Pleasant Care, Inc. to [42-1] motion to compel responses from defts. Pleasant Care & Doris W. Eakes to plffs' 1st set of interr. & requests - w/attachments. (fdc) (Entered: 05/21/1998) | |||
| 1998-05-26 | 47 | 0 | Memorandum by William True Jr., Cathy True in opposition to [46-1] motion for protective order, [46-1] motion for protective order (fdc) (Entered: 05/27/1998) | |||
| 1998-06-01 | 48 | 0 | Order denying [44-1] motion to extend time for the filing of dispositive motions signed by J. Boyle. OB Ref: BO #10, p. 40. CC to counsel. (fdc) (Entered: 06/01/1998) | |||
| 1998-06-03 | 49 | 0 | Order, reset motion filing deadline for 7/15/98 , & reset Jury trial before Chief Judge Terrence W. Boyle for 10/1/98 This order vacates prior order. signed by J. Boyle. Served. (fdc) (Entered: 06/04/1998) | |||
| 1998-07-14 | 50 | 0 | Order denying [46-1] motion for protective order, denying [46-1] motion for protective order, granting in part, denying in part [42-1] motion to compel responses from defts. Pleasant Care & Doris W. Eakes to plffs' 1st set of interr. & requests. Plffs' mot. to compel production of wast & sewage management policies at Pleasant Care is granted. Plffs' mot. to compel production of all documents reflecting info re: land or groundwater contamination is denied. Plffs' mot. to compel defts. to identify its ins. policies granted. Plffs' mot. to compel production of a record describing any info not produced on grounds of privilege is granted. Plffs' mot. to compel production of info relating to deft. Eakes' finances is denied. All dispositive motions to be filed by 7/17/98. Each party to bear its own expenses. signed by J. Boyle. OB Ref: BO #10, p. 107. CC to counsel. (fdc) (Entered: 07/14/1998) | |||
| 1998-07-17 | 51 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes for summary judgment (fdc) (Entered: 07/20/1998) | |||
| 1998-07-17 | 52 | 0 | Document filed by defendant Pleasant Care, Inc., defendant Doris W. Eakes, defendant Eakes Investment Com, defendant Eakes Properties, defendant Eakes Invest, defendant Eakes Investme, defendant Doris W. Eakes titled: Notice Of Filing w/cy. of depos. of Jimmie W. Greer, Eric W. West, Phillip L. Rahn, Roger L. McDaniel, Jr., Ronnie L. Sutton, Patrick Alan "Buster" Towell, Kevin C. Martin & a video of defts' depo. exhibit #46. (fdc) (Entered: 07/20/1998) | |||
| 1998-07-17 | 53 | 0 | Memorandum by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes in support of [51-1] motion for summary judgment (fdc) (Entered: 07/20/1998) | |||
| 1998-08-10 | 54 | 0 | Response by William True Jr., Cathy True to [51-1] motion for summary judgment (bb) (Entered: 08/11/1998) | |||
| 1998-08-14 | 55 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties to extend time to reply to plffs' response to defts' mot. for sum. jgm. - w/out consent. Cy. w/p.o. to Clerk. (fdc) (Entered: 08/14/1998) | |||
| 1998-08-18 | 56 | 0 | Memorandum by William True Jr., Cathy True in opposition to [55-1] motion to extend time to reply to plffs' response to defts' mot. for sum. jgm. - cy. to Clerk. (fdc) (Entered: 08/18/1998) | |||
| 1998-08-19 | 57 | 0 | Order granting [55-1] motion to extend time to reply to plffs' response to defts' mot. for sum. jgm., Reply to Response to Motion reset to 9/1/98 for [51-1] motion for summary judgment signed by David W. Daniel, Clerk. Copies served. (fdc) (Entered: 08/19/1998) | |||
| 1998-09-01 | 58 | 0 | Reply by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to response to [51-1] motion for summary judgment (fdc) (Entered: 09/01/1998) | |||
| 1999-03-31 | 59 | 0 | Order denying [51-1] motion for summary judgment signed by Boyle, J. BO O.B. #12, p. 121. served on 4/1/99. (js) Modified on 04/01/1999 (Entered: 03/31/1999) | |||
| 1999-06-01 | 60 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to extend time & reopen discovery , to continue the pretrial conference set for 6/7/99 , for sanctions . cy. to CJ Boyle. (js) (Entered: 06/01/1999) | |||
| 1999-06-01 | 61 | 0 | Response by William True Jr., Cathy True to [60-1] motion to extend time & reopen discovery, [60-2] motion to continue the pretrial conference set for 6/7/99, [60-3] motion for sanctions. cy. to J. Boyle. (js) (Entered: 06/02/1999) | |||
| 1999-06-03 | 62 | 0 | Order granting [60-1] motion to extend time & reopen discovery - limited discovery on issues related to pltf.'s medical & psycho. care/treatment is extended until 7/3/99, denying [60-2] motion to continue the pretrial conference set for 6/7/99, denying [60-3] motion for sanctions signed by Boyle, CJ. OB Ref: BO O.B. #13, p. 3. faxed & served. (js) (Entered: 06/04/1999) | |||
| 1999-06-09 | 63 | 0 | Consent to trial by Magistrate by William True Jr., Cathy True, Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes; served. (fdc) (Entered: 06/09/1999) | |||
| 1999-06-22 | 64 | 0 | Motion by William True Jr., Cathy True for protective order precluding the pltfs.' depositions . EXPEDITED RELIEF REQUESTED. (js) (Entered: 06/23/1999) | |||
| 1999-06-22 | 65 | 0 | Memorandum by William True Jr., Cathy True in support of [64-1] motion for protective order precluding the pltfs.' depositions (js) (Entered: 06/23/1999) | |||
| 1999-07-02 | 66 | 0 | Third Motion by William True Jr., Cathy True to compel . cy. to MJ Denson. (js) (Entered: 07/02/1999) | |||
| 1999-07-02 | 67 | 0 | Memorandum by William True Jr., Cathy True in support of [66-1] motion to compel. cy. to MJ Denson. (js) (Entered: 07/02/1999) | |||
| 1999-07-06 | 68 | 0 | Response by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to [64-1] motion for protective order precluding the pltfs.' depositions. W/EXHIBIT #4 UNDER SEAL. (js) (Entered: 07/06/1999) | |||
| 1999-07-06 | 69 | 0 | Order granting in part, denying in part [64-1] motion for protective order precluding the pltfs.' depositions. Defts. are permitted to depose William True Jr. and Cathy True only on the issues relating to their medical and psychological care and treatment. reset motion filing deadline for 8/13/99 signed by Denson, OB Ref: BO O. B. #13, p. 54. faxed & served. (js) (Entered: 07/07/1999) | |||
| 1999-07-22 | 70 | 0 | Response by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to [66-1] motion to compel (js) (Entered: 07/23/1999) | |||
| 1999-08-10 | 71 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to extend time to file dispositive motions . (faxed directly to J. Denson) (js) (Entered: 08/11/1999) | |||
| 1999-08-11 | 72 | 0 | Order granting [71-1] motion to extend time to file dispositive motions, reset motion filing deadline for 8/18/99 signed by Denson, USMJ. served. (js) (Entered: 08/11/1999) | |||
| 1999-08-12 | 73 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to extend time/amend scheduling order as to the time w/n which to file dispositive motions - w/c.s. & p.o. & consent of pltfs' counsel 8/13 cc: MJ Denson (sc) (Entered: 08/13/1999) | |||
| 1999-08-18 | 74 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes for summary judgment (js) (Entered: 08/19/1999) | |||
| 1999-08-18 | 75 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes for leave to file memo. in excess of 30 pages . cy. to MJ Denson. (js) (Entered: 08/19/1999) | |||
| 1999-08-18 | 76 | 0 | Order granting [75-1] motion for leave to file memo. in excess of 30 pages signed by Denson, USMJ. served. (js) (Entered: 08/19/1999) | |||
| 1999-08-18 | 77 | 0 | Memorandum by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes in support of [74-1] motion for summary judgment (js) (Entered: 08/19/1999) | |||
| 1999-08-18 | 78 | 0 | Notice of Filing of disc. material by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes (js) (Entered: 08/19/1999) | |||
| 1999-09-03 | 79 | 0 | Response by William True Jr., Cathy True to [74-1] motion for summary judgment. w/SEPARATE EXHIBITS & LEGAL AUTHORITIES. (js) (Entered: 09/07/1999) | |||
| 1999-09-14 | 80 | 0 | Order on Scheduling by Magistrate Judge Denson setting Jury Trial scheduled for 2/1/00 before Judge Denson Place: Raleigh. served. (js) (Entered: 09/14/1999) | |||
| 1999-09-30 | 81 | 0 | Subsequently Decided Authority pursuant to LR 4.07 by plaintiff William True Jr., plaintiff Cathy True (js) (Entered: 10/01/1999) | |||
| 1999-10-19 | 82 | 0 | Order granting [66-1] motion to compel. All materials must be served no later than 11/19/99. NO COSTS OR ATTYS. FEES TAXED. signed by Denson, USMJ. BO O. B. #14, p. 1. served. (js) (Entered: 10/19/1999) | |||
| 1999-12-06 | 83 | 0 | Subsequently Decided Authority pursuant to LR 4.07 by plaintiff William True Jr., plaintiff Cathy True. cy. to J. Denson. (js) (Entered: 12/09/1999) | |||
| 2000-01-03 | 84 | 0 | Order denying [74-1] motion for summary judgment signed by Denson, USMJ. OB Ref: BO O.B. #14, p. 118. faxed & served. (js) (Entered: 01/03/2000) | |||
| 2000-01-06 | 85 | 0 | Order - counsel must comply w/local rule 25 in preparing for trial. All trial briefs due 1/25/00 at 1:00. All motions in limine due 1/18/00 at 1:00. All responses to motions in limine due 1/24/00 at 1:00. signed by Denson, USMJ. faxed & served. (js) (Entered: 01/06/2000) | |||
| 2000-01-07 | 86 | 0 | Order - denying request to continue. The deadlines are continued as followed: (1) motions in limine due by 1/20/00 at 1 pm; (2) responses to motions are due 1/26/00 at 1 pm; (3) Trial documents due by 1/27/00 at 1 pm. signed by Denson, USMJ. faxed & served. (js) (Entered: 01/10/2000) | |||
| 2000-01-21 | 87 | 0 | Motion by William True Jr., Cathy True in limine . cy. to J. Denson. (js) (Entered: 01/21/2000) | |||
| 2000-01-21 | 88 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes in limine , to dismiss . cy. to MJ Denson. (js) (Entered: 01/21/2000) | |||
| 2000-01-28 | 89 | 0 | Response by William True Jr., Cathy True to [88-1] motion in limine. cy. to J. Denson. (js) (Entered: 02/01/2000) | |||
| 2000-01-31 | 90 | 0 | Response by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to [87-1] motion in limine. cy. to J. Denson. (js) (Entered: 02/01/2000) | |||
| 2000-02-02 | 91 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to quash and/or modify subpoenas . cy. to J. Denson by atty. (js) (Entered: 02/02/2000) | |||
| 2000-02-02 | 92 | 0 | Voir dire questions by William True Jr., Cathy True (js) (Entered: 02/02/2000) | |||
| 2000-02-02 | 93 | 0 | Trial brief by William True Jr., Cathy True (js) (Entered: 02/02/2000) | |||
| 2000-02-02 | 94 | 0 | Request for Jury Instructions by William True Jr., Cathy True (js) (Entered: 02/02/2000) | 2017-09-15 13:23:20 | 0acca9a2c01fd695ab18ff700086ba5671248b61 | |
| 2000-02-03 | 95 | 0 | Voir dire questions by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes. cy. to J. Denson by deft. (js) (Entered: 02/03/2000) | |||
| 2000-02-03 | 96 | 0 | Request for Jury Instructions by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes. cy. to J. Denson by deft. (js) (Entered: 02/03/2000) | 2017-09-15 13:25:47 | bbbdd10c91983263f7ab429b8fc951cc22a1770d | |
| 2000-02-04 | 97 | 0 | Trial brief by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes. cy. to MJ Denson. (js) (Entered: 02/04/2000) | |||
| 2000-02-04 | 98 | 0 | Response by William True Jr., Cathy True to [91-1] motion to quash and/or modify subpoenas 2/4 cc: MJ Denson @ 3:54 p.m. (sc) (Entered: 02/04/2000) | |||
| 2000-02-04 | 99 | 0 | Order granting [88-1] motion in limine, denying [88-2] motion to dismiss. DEFTS.' MOT. TO RENEW ITS PREVIOUS MOTIONS FOR SUM. JUDG. IS DENIED; DEFTS. REQUEST TO ALLOW COUNSEL TO CONDUCT VOIR DIRE IS DENIED. DEFTS. MOTION TO BIFURCATE IS DENIED; DEFTS.' MOTION TO EXCLUDE ALL EVIDENCE THAT MRS. TRUE SOUGHT PYSCHOLOGICAL TREATMENT FROM DR. JAN FREEMAN IS ALLOWED. signed by Denson, USMJ. faxed by Denson's chambers. (js) (Entered: 02/04/2000) | |||
| 2000-02-04 | 100 | 0 | Order granting in part, denying in part [87-1] motion in limine. Pltfs. motion to exclude evidence of intentional fertilization of portions of their property and evidence concerning the failure to mitigate damages are ALLOWED. Pltfs. motion to exclude evidence concerning the construction of their well is DENIED; PLTFS. MOTION TO CLOSE THE COURTROOM IS DENIED. signed by Denson, USMJ. faxed by Denson's chambers. (js) (Entered: 02/04/2000) | |||
| 2000-02-08 | 101 | 0 | Pretrial order filed signed by Denson, USMJ (original w/J. Denson during trial) (js) (Entered: 02/09/2000) | |||
| 2000-02-22 | 102 | 0 | FILED IN OPEN COURT - Note from juror Karen Polowy re: her knowledge of certain drugs. Read into record. Attys. & Judge agree that there is no conflict. (js) (Entered: 02/22/2000) | |||
| 2000-02-25 | 103 | 0 | Response by William True Jr., Cathy True to [0-0] motion purs. to Rule 50 (js) (Entered: 02/25/2000) | |||
| 2000-03-06 | 104 | 0 | FILED IN OPEN COURT - Motion by William True Jr., Cathy True for reconsideration of [0-0] oral order regarding punitive damages against Eakes Investment Company (js) (Entered: 03/06/2000) | |||
| 2000-03-13 | 105 | 0 | Jury verdict for William True Jr., Cathy True (js) (Entered: 03/13/2000) | |||
| 2000-03-13 | 106 | 0 | Judgment for William True Jr., Cathy True against Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes signed by Skinner, deputy clerk. OB Ref: BO O.B. #14, p. 205. served. (js) (Entered: 03/13/2000) | |||
| 2000-03-23 | 107 | 0 | Motion by William True Jr., Cathy True to amend [106-1] judgment to provide for costs & prejudgment interest and to state expressly that defendants' tort liability is joint & several (js) (Entered: 03/27/2000) | |||
| 2000-03-23 | 108 | 0 | Memorandum by William True Jr., Cathy True in support of [107-1] motion to amend [106-1] judgment to provide for costs & prejudgment interest and to state expressly that defendants' tort liability is joint & several (js) (Entered: 03/27/2000) | |||
| 2000-03-23 | 109 | 0 | Motion by William True Jr., Cathy True for bill of costs (js) (Entered: 03/27/2000) | |||
| 2000-03-27 | 110 | 0 | Motion by Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes for Judgment as a Matter of Law pursuant to Rule 50 FRCivP , or in the altern., for new trial and/or for remittitur purs. to Rule 59 , or in the altern., to amend thejudgment purs. to Rule 60 (js) (Entered: 03/27/2000) | |||
| 2000-03-27 | 111 | 0 | Memorandum by Cathy True, Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes in support of [110-1] motion for Judgment as a Matter of Law pursuant to Rule 50 FRCivP, [110-2] motion for new trial and/or for remittitur purs. to Rule 59, [110-3] motion to amend thejudgment purs. to Rule 60 (js) (Entered: 03/27/2000) | |||
| 2000-03-27 | 112 | 0 | Motion by William True Jr., Cathy True for bill of costs , for attorney fees & expert witness fees under the Clean Water Act. (js) (Entered: 03/28/2000) | |||
| 2000-03-27 | 113 | 0 | Memorandum by William True Jr., Cathy True in support of [112-1] motion for bill of costs, [112-2] motion for attorney fees & expert witness fees (js) (Entered: 03/28/2000) | |||
| 2000-03-27 | 114 | 0 | Affidavit Jonathan D. Sasser by William True Jr., Cathy True Re: [112-1] motion for bill of costs, [112-2] motion for attorney fees expert witness fees under the Clean Water Act. (js) (Entered: 03/28/2000) | |||
| 2000-03-27 | 115 | 0 | Affidavit of Robert Meynardie by William True Jr., Cathy True Re: [112-1] motion for bill of costs, [112-2] motion for attorney fees expert witness fees under the Clean Water Act. (js) (Entered: 03/28/2000) | |||
| 2000-03-27 | 116 | 0 | Affidavit of Sarah Hall Kaufman by William True Jr., Cathy True Re: [112-1] motion for bill of costs, [112-2] motion for attorney fees expert witness fees under the Clean Water Act. (js) (Entered: 03/28/2000) | |||
| 2000-03-30 | 117 | 0 | Response by William True Jr., Cathy True to [110-1] motion for Judgment as a Matter of Law pursuant to Rule 50 FRCivP, [110-2] motion for new trial and/or for remittitur purs. to Rule 59, [110-3] motion to amend thejudgment purs. to Rule 60 (js) (Entered: 03/31/2000) | |||
| 2000-04-07 | 118 | 0 | Joint Motion by William True Jr., Cathy True, Pleasant Care, Inc., Doris W. Eakes, Eakes Investment Com, Eakes Properties, Eakes Invest, Eakes Investme, Doris W. Eakes to extend time for all parties to respond to each side's post trial motions (js) (Entered: 04/10/2000) | |||
| 2000-04-10 | 119 | 0 | Order granting [118-1] motion to extend time for all parties to respond to each side's post trial motions, Response to motion reset to 9/15/00 for [110-1] motion for Judgment as a Matter of Law pursuant to Rule 50 FRCivP, reset to 9/15/00 for [110-2] motion for new trial and/or for remittitur purs. to Rule 59, reset to 9/15/00 for [110-3] motion to amend thejudgment purs. to Rule 60, reset to 9/15/00 for [112-1] motion for bill of costs, reset to 9/15/00 for [112-2] motion for attorney fees & expert witness fees, reset to 9/15/00 for [109-1] motion for bill of costs, reset to 9/15/00 for [107-1] motion to amend [106-1] judgment to provide for costs & prejudgment interest and to state expressly that defendants' tort liability is joint & several signed by Denson, USMJ. served. (js) (Entered: 04/10/2000) | |||
| 2000-09-13 | 120 | 0 | Order granting [110-1] motion for Judgment as a Matter of Law pursuant to Rule 50 FRCivP, mooting [110-2] motion for new trial and/or for remittitur purs. to Rule 59, mooting [110-3] motion to amend thejudgment purs. to Rule 60, denying [112-1] motion for bill of costs, denying [112-2] motion for attorney fees & expert witness fees signed by Denson, USMJ. OB Ref: BO O. B. #16, p. 30. served. (js) (Entered: 09/13/2000) | |||
| 2000-09-13 | 121 | 0 | Judgment signed by Denson, USMJ. OB Ref: BO O.B. #16, p. 31. served. (js) (Entered: 09/13/2000) | |||
| 2000-09-20 | 122 | 0 | Stipulation of dismissal w/ prejudice. (fdc) (Entered: 09/21/2000) |