Eastpointe Human Services v. North Carolina Department of Health and Human Services et al
North Carolina Eastern District Court | |
Judge: | Louise Wood Flanagan |
Case #: | 5:17-cv-00275 |
Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
Cause | 28:1331 Fed. Question |
Case Filed: | Jun 08, 2017 |
Terminated: | Jun 29, 2017 |
Last checked: Tuesday Dec 05, 2017 4:31 AM EST |
Defendant
Richard O Brajer
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Represented By
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Defendant
Mandy K Cohen
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Represented By
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Defendant
Nash County
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Represented By
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Defendant
North Carolina Department of Health and Human Services
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Represented By
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Defendant
Trillium Health Resources, NC
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Represented By
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Plaintiff
Eastpointe Human Services
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Represented By
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Docket last updated: 05/16/2025 11:59 PM EDT |
Thursday, June 29, 2017 | ||
48 | 48
![]() JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that the court GRANTS defendants' motions to dismiss. (DE 26, 30, and 31 ). Where the court lacks subject matter jurisdiction over the action, the court DENIES AS MOOT plaintiff's motion for temporary restraining order (DE 6). This matter is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Signed by Peter A. Moore, Jr., Clerk of Court on 6/29/2017. (Edwards, S.) |
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47 | 47
![]() ORDER granting 26 Motion to Dismiss for Failure to State a Claim; granting 26 Motion to Dismiss for Lack of Jurisdiction; granting 30 Motion to Dismiss for Lack of Jurisdiction; granting 30 Motion to Dismiss for Failure to State a Claim; granting 31 Motion to Dismiss for Lack of Jurisdiction; Ex Parte denying as moot 6 Motion for Temporary Restraining Order. Signed by District Judge Louise Wood Flanagan on 6/29/2017. (Edwards, S.) |
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Monday, June 26, 2017 | ||
46 | 46
![]() ORDER dismissing as moot 42 Emergency Motion for Temporary Restraining Order - Signed by District Judge Louise Wood Flanagan on 6/26/2017. (Tripp, S.) |
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utility
Remark
Mon 06/26 8:21 AM
Remark -45 REPLY to Response to Motion submitted to District Judge Louise Wood Flanagan. (Tripp, S.) |
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Friday, June 23, 2017 | ||
45 | 45
![]() REPLY to Response to Motion regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services filed by Eastpointe Human Services. (Byrd, Quintin) |
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44 | 44
![]() REPLY to Response to Motion regarding42 Emergency MOTION for Temporary Restraining Order filed by Eastpointe Human Services. (Byrd, Quintin) |
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misc
Docket Annotation
Fri 06/23 12:44 PM
Submitted the response43 and the reply at44 to District Judge Louise W. Flanagan. (Edwards, S.) |
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Thursday, June 22, 2017 | ||
43 | 43
![]() RESPONSE in Opposition regarding42 Emergency MOTION for Temporary Restraining Order filed by Richard O Brajer, Mandy K Cohen, North Carolina Department of Health and Human Services. (Wood, Michael) |
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42 | 42
![]() Emergency MOTION for Temporary Restraining Order filed by Eastpointe Human Services. (Byrd, Quintin) |
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order
Text Order
Thu 06/22 2:34 PM
TEXT ORDER - Defendants' response if any to the emergency motion just filed shall be made today. Signed by District Judge Louise Wood Flanagan on 6/22/2017. (Tripp, S.) |
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utility
Motion Submitted
Thu 06/22 3:07 PM
Motions Submitted to District Judge Louise Wood Flanagan: regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services ,42 Emergency MOTION for Temporary Restraining Order ,26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Addition to MOTION to Dismiss for Lack of Jurisdiction ,30 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,31 MOTION to Dismiss for Lack of Jurisdiction . (Edwards, S.) |
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order
Order
Thu 06/22 3:39 PM
TEXT ORDER - The clerk's referral of motions just made on the docket is not meant to undo the briefing schedule in effect; but, rather the clerk simply meant to flag the case to the court's attention. As such, the schedule framed 6/13/17 remains controlling of timing of disposition of the matters at issue. Signed by District Judge Louise Wood Flanagan on 6/22/2017. (Edwards, S.) |
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Wednesday, June 21, 2017 | ||
41 | 41
![]() REPLY to Response regarding34 Response in Opposition to Motion, filed by Richard O Brajer, Mandy K Cohen, North Carolina Department of Health and Human Services, Trillium Health Resources. (Brown, Nicholas) Modified on 6/21/2017 to correct the document description (Edwards, S.) |
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40 | 40
![]() REPLY to Response to Motion regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services filed by Nash County. (Whitley, W.) |
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Tuesday, June 20, 2017 | ||
39 | 39
![]() RESPONSE in Opposition regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services filed by Richard O Brajer, Mandy K Cohen, North Carolina Department of Health and Human Services. (Wood, Michael) |
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Att: 1
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38 | 38
![]() AFFIDAVIT in Opposition regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services filed by Nash County. (Whitley, W.) |
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37 | 37
![]() AFFIDAVIT in Opposition regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services filed by Nash County. (Whitley, W.) |
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36 | 36
![]() Memorandum in Opposition regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services filed by Nash County. (Whitley, W.) |
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35 | 35
![]() Notice filed by Eastpointe Human Services regarding34 Response in Opposition to Motion, Exhibit A to Docket Entry 34 - Eastpointe/DMA contract with Extension . (Byrd, Quintin) |
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order
Order
Tue 06/20 12:11 PM
TEXT ORDER regarding 35 - In light of the volume of materials filed in relation to the motion now pending, the court directs the parties to provide to the court one set of courtesy copies of papers filed in support of or in opposition to the motion within 14 days of the date of this order. Courtesy copies shall include all briefs and exhibits, except exhibits comprising unpublished cases. Courtesy copies shall be one-sided, tabbed, and secured with rubber bands or clips, but not placed in binders. Courtesy copies shall be delivered to the attention of the Clerk, U.S. District Court, 413 Middle St., New Bern, NC 28560. Signed by District Judge Louise Wood Flanagan on 6/20/2017. (Edwards, S.) |
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Monday, June 19, 2017 | ||
34 | 34
![]() RESPONSE in Opposition regarding26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Addition to MOTION to Dismiss for Lack of Jurisdiction ,30 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,31 MOTION to Dismiss for Lack of Jurisdiction filed by Eastpointe Human Services. (Byrd, Quintin) |
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Saturday, June 17, 2017 | ||
notice
Notice to Counsel
Sat 06/17 1:37 PM
NOTICE TO COUNSEL. The parties are reminded to include the judge assignment on all future pleadings. The case number should read as 5:17-CV-275-FL. No need to refile anything at this time. (Edwards, S.) |
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notice
Notice of Correction
Sat 06/17 1:43 PM
NOTICE OF CORRECTION regarding:33 Memorandum in Support. Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., Exhibit 1" is not a sufficient description). Case administrator included a document description to this exhibit at33 . No need to refile anything at this time. (Edwards, S.) |
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Thursday, June 15, 2017 | ||
33 | 33
![]() Memorandum in Support filed by Nash County. (Crumpler, Maurice) |
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Att: 1
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32 | 32
![]() Memorandum in Support regarding31 MOTION to Dismiss for Lack of Jurisdiction filed by Richard O Brajer, Mandy K Cohen, North Carolina Department of Health and Human Services. (Wood, Michael) |
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31 | 31
![]() MOTION to Dismiss for Lack of Jurisdiction filed by Richard O Brajer, Mandy K Cohen, North Carolina Department of Health and Human Services. (Wood, Michael) |
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30 | 30
![]() MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nash County. (Crumpler, Maurice) |
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29 | 29
![]() Notice of Appearance filed by Maurice Greg Crumpler on behalf of Nash County. (Crumpler, Maurice) |
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28 | 28
![]() Notice of Appearance filed by Michael T. Wood on behalf of Richard O Brajer, Mandy K Cohen, North Carolina Department of Health and Human Services. (Wood, Michael) |
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27 | 27
![]() Memorandum in Support regarding26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Addition to MOTION to Dismiss for Lack of Jurisdiction filed by Trillium Health Resources. (Brown, Nicholas) |
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26 | 26
![]() MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Addition to , MOTION to Dismiss for Lack of Jurisdiction filed by Trillium Health Resources. (Brown, Nicholas) |
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Wednesday, June 14, 2017 | ||
25 | 25
![]() Notice of Appearance filed by Richard Paul Leissner, Jr on behalf of Trillium Health Resources. (Leissner, Richard) |
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Tuesday, June 13, 2017 | ||
24 | 24
![]() Affidavit of Service for Summons, Complaint, Motion and Memorandum for TRO; Docket Entries 1 through 7 filed by Eastpointe Human Services served on North Carolina Department of Health and Human Services on June 12, 2017. (Coker, Jose) |
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Att: 1
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23 | 23
![]() Affidavit of Service for Summons, Complaint, Motion and Memorandum for TRO; Docket Entries 1 through 7 filed by Eastpointe Human Services served on Nash County - Care of Zee Lamb on June 12, 2017. (Coker, Jose) |
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22 | 22
![]() Affidavit of Service for Summons, Complaint, Motion and Memorandum for TRO; Docket Entries 1 through 7 filed by Eastpointe Human Services served on Mandy K. Cohen, official capacity on June 12, 2017. (Coker, Jose) |
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Att: 1
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21 | 21
![]() Affidavit of Service for Summons, Complaint, Motion and Memorandum for TRO; Docket Entries 1 through 7 filed by Eastpointe Human Services served on Richard Brajer, former official capacity on June 12, 2017. (Coker, Jose) |
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Att: 1
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20 | 20
![]() Memorandum in Opposition regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services Amended filed by Trillium Health Resources. (Brown, Nicholas) Modified on 6/13/2017 to clarify docket entry text (Tripp, S.) |
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19 | 19
![]() Certificate of Service filed by Trillium Health Resources regarding15 Financial Disclosure Statement . (Brown, Nicholas) |
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18 | 18
![]() Notice of Appearance filed by Wade E. Byrd on behalf of All Plaintiffs. (Byrd, Wade) |
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17 | 17
![]() Notice of Appearance filed by Nicholas C. Brown on behalf of Trillium Health Resources. (Brown, Nicholas) |
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16 | 16
![]() Notice of Appearance filed by W. Dudley Whitley, III on behalf of Nash County. (Whitley, W.) |
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15 | 15
![]() Financial Disclosure Statement by Trillium Health Resources (Brown, Nicholas) |
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14 | 14
![]() *CORRECTED AND REFILED AT16 * Notice of Appearance filed by W. Dudley Whitley, III on behalf of Nash County. (Whitley, W.) Modified on 6/13/2017 (Tripp, S.) |
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13 | 13
![]() Notice of Appearance filed by Nicholas C. Brown on behalf of Trillium Health Resources. (Brown, Nicholas) |
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12 | 12
![]() Notice of Appearance filed by Nicholas C. Brown on behalf of Trillium Health Resources. (Brown, Nicholas) |
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notice
Notice of Deficiency - Filing is not text searchable
Tue 06/13 8:11 AM
NOTICE OF DEFICIENCY regarding11 Notice of Appearance - Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. Each attorney must file his or her own Notice of Appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of multiple attorneys for purposes of appearing on the court's docket. Additionally, it appears that counsel included the signature page from docket entry 10 in the filed document. Counsel must refile to bring this document into compliance with the court's rules. (Tripp, S.) |
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notice
Notice of Deficiency
Tue 06/13 9:37 AM
NOTICE OF DEFICIENCY regarding13 Notice of Appearance - Each attorney must file his or her own Notice of Appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of multiple attorneys for purposes of appearing on the court's docket. The notice of appearance for Richard P. Leissner, Jr. must be refiled using his CM/ECF login information. (Tripp, S.) |
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notice
Notice of Deficiency - Filing is not text searchable
Tue 06/13 9:38 AM
NOTICE OF DEFICIENCY regarding14 Notice of Appearance - Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. (Tripp, S.) |
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notice
Notice of Deficiency
Tue 06/13 9:52 AM
NOTICE OF DEFICIENCY regarding15 Financial Disclosure Statement - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section VI(B) of the Court's CM/ECF Electronic Policies and Procedures Manual. Counsel should file a separately captioned certificate of service using the appropriate event located under the Civil Events - Service of Process category. (Tripp, S.) |
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utility
Remark
Tue 06/13 1:16 PM
Remark -20 Memorandum in Opposition submitted to District Judge Louise Wood Flanagan. (Tripp, S.) |
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minutes
Scheduling Conference
Tue 06/13 2:36 PM
Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern, NC Chambers: Administrative Telephonic Scheduling Conference held on 6/13/2017 - R. Jonathan Charleston, Quinton D. Byrd, Jose A. Coker, and Wade E. Byrd in attendance on behalf of plaintiff - Michael T. Wood, Nicholas C. Brown, Richard P. Leissner, Jr., M. Greg Crumpler, and W. Dudley Whitley, III present for defendants - Defendant Richard O. Brajer is not represented, although Michael T. Wood anticipates entering an appearance on Mr. Brajer's behalf - Defendants to file motion to dismiss regarding the subject matter jurisdiction issue by 6/15/2017 - If consolidated, the court allows a 45-page limitation for the memoranda in support - Plaintiff's response due by the end of business day on 6/19/2017 - Defendants' reply due by 6/21/2017 - Plaintiff's6 Motion for Temporary Restraining Order is no longer ex parte - North Carolina Department of Health and Human Services and Nash County to respond to plaintiff's motion for temporary restraining order/injunctive relief by 6/20/2017 - Plaintiff's reply due by 6/23/2017 - All parties agree that there will be no prejudice should the court take up these matters without a hearing (Tripp, S.) |
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Monday, June 12, 2017 | ||
11 | 11
![]() Notice of Appearance filed by W. Dudley Whitley, III on behalf of Nash County. (Whitley, W.) |
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10 | 10
![]() RESPONSE in Opposition regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services filed by Trillium Health Resources. (Brown, Nicholas) |
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utility
Remark
Mon 06/12 9:14 AM
Remark -9 RESPONSE to Motion submitted to District Judge Louise Wood Flanagan. (Tripp, S.) |
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utility
Set/Reset Hearings
Mon 06/12 3:16 PM
**** Set Hearing:Telephonic Administrative Scheduling Conference set for 6/13/2017 at 1:30 PM before District Judge Louise Wood Flanagan. Counsel will be provided dial-in instructions via e-mail in advance of the conference. (Tripp, S.) |
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notice
Notice of Deficiency
Mon 06/12 3:49 PM
NOTICE OF DEFICIENCY regarding10 Response in Opposition to Motion - Counsel failed to identify each exhibit or attachment pursuant to Section L(2)(b) of the Court's Electronic Policies and Procedures Manual. Counsel is instructed to refile the document making sure that each attached exhibit is properly identified using a complete description in the docket entry text. (Tripp, S.) |
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notice
Notice to Counsel
Mon 06/12 3:53 PM
Notice to Counsel (Richard P. Leissner, Jr. and Nicholas C. Brown) - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Tripp, S.) |
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Friday, June 09, 2017 | ||
9 | 9
![]() RESPONSE to Motion regarding6 EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services filed by North Carolina Department of Health and Human Services. (Wood, Michael) |
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8 | 8
![]() Notice of Appearance filed by Michael T. Wood on behalf of North Carolina Department of Health and Human Services. (Wood, Michael) |
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Thursday, June 08, 2017 | ||
7 | 7
![]() Summons Issued as to Richard O Brajer, Mandy K Cohen, Nash County, North Carolina Department of Health and Human Services, Trillium Health Resources. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Edwards, S.) |
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6 | 6
![]() EX PARTE MOTION for Temporary Restraining Order by Eastpointe Human Services . (Coker, Jose) |
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5 | 5
![]() Financial Disclosure Statement by Eastpointe Human Services (Coker, Jose) |
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4 | 4
![]() Notice of Appearance filed by R. Jonathan Charleston on behalf of Eastpointe Human Services. (Charleston, R.) |
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3 | 3
![]() Notice of Appearance filed by Quintin D. Byrd on behalf of Eastpointe Human Services. (Byrd, Quintin) |
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2 | 2
![]() Notice of Appearance filed by Jose A. Coker on behalf of Eastpointe Human Services. (Coker, Jose) |
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1 | 1
![]() COMPLAINT Verified against All Defendants ( Filing fee $ 400 receipt number 0417-4118370.), filed by Eastpointe Human Services. (Coker, Jose) |
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notice
Notice to Counsel
Thu 06/08 11:32 AM
Notice to Counsel regarding:6 Ex Parte Motion for TRO. In the future, Counsel should file their Motion first and then file the Memorandum in Support, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linking the motion when prompted to do so. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. (Rudd, D.) |