Hernandez v. City of Raleigh et al
| North Carolina Eastern District Court | |
| Judge: | Richard E Myers, II |
| Referred: | Kimberly A Swank |
| Case #: | 5:24-cv-00542 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question: Civil Rights Violation |
| Case Filed: | Sep 20, 2024 |
| Last checked: Wednesday Mar 19, 2025 5:23 AM EDT |
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Defendant
City of Raleigh
P.O. Box 590
Raleigh, NC 27602 |
Represented By
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Defendant
Lindsay Faust
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Defendant
Lloyd's, London
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Represented By
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Defendant
Thomas Webb
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Defendant
David V. Mead
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Defendant
Rishar P. Monroe
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Plaintiff
Abdul Kareem Hernandez
1352 Winston Avenue
Baltimore, MD 21239 |
| Docket last updated: 05/23/2025 11:59 PM EDT |
| Monday, May 19, 2025 | ||
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notice
Notice of Deficiency
Mon 05/19 4:25 PM
NOTICE OF DEFICIENCY regarding22 Motion for Leave to Proceed in forma pauperis. Plaintiff failed to date the Motion for Leave to Proceed in forma pauperis, and is therefore required to refile a corrected Motion making sure to date and sign the Motion and attach the IFP (long form). (Griffin, T) |
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| Monday, May 12, 2025 | ||
| 22 | 22
motion
Proceed In Forma Pauperis
Mon 05/19 4:21 PM
CORRECTED MOTION for Leave to Proceed in forma pauperis filed by Abdul Kareem Hernandez. (Griffin, T) |
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Att: 1
Envelope
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| Thursday, May 01, 2025 | ||
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utility
Remark
Thu 05/01 10:26 AM
Document19 submitted to Chief Judge Richard E. Myers II for review. (Griffin, T) |
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utility
Remark
Thu 05/01 3:15 PM
Document19 is no longer submitted to Chief Judge Richard E. Myers II. Pending response to19 . (Griffin, T) |
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| Tuesday, April 29, 2025 | ||
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notice
Notice of Deficiency
Tue 04/29 4:33 PM
NOTICE OF DEFICIENCY regarding21 Motion for Leave to Proceed in forma pauperis. Motion is not signed by the Pro Se Plaintiff. A copy of deficiency and Motion is being mailed to Pro Se Plaintiff by US Mail. (Griffin, T) |
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| Monday, April 28, 2025 | ||
| 21 | 21
motion
Proceed In Forma Pauperis
Tue 04/29 12:14 PM
MOTION for Leave to Proceed in forma pauperis filed by Abdul Kareem Hernandez. (Griffin, T) |
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Att: 1
IFP (Long Form)
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| 20 | 20
motion
Miscellaneous Relief
Tue 04/29 12:08 PM
MOTION for Service by U.S. Marshal filed by Abdul Kareem Hernandez. (Griffin, T) |
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| 19 | 19
respm
Response
Tue 04/29 11:55 AM
RESPONSE - Plaintiff's Response To Magistrate Recommendation And Motion to Stay with Good Cause regarding17 MEMORANDUM AND RECOMMENDATIONS filed by Abdul Kareem Hernandez. (Griffin, T) |
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| 18 | 18
motion
Leave to File Document
Tue 04/29 11:37 AM
MOTION for Leave to File Electronically as a Pro Se Plaintiff filed by Abdul Kareem Hernandez. (Griffin, T) |
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| Friday, April 11, 2025 | ||
| 17 | 17
9
pgs
motion
Memorandum and Recommendations
Fri 04/11 4:49 PM
MEMORANDUM AND RECOMMENDATIONS regarding 8 MOTION to Dismiss filed by Lloyd's, London, 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Raleigh. Objections to Memorandum and Recommendations due by 4/28/2025. Signed by US Magistrate Judge Kimberly A. Swank on 4/11/2025. Copy mailed to Plaintiff by US Mail. (Griffin, T) |
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| Monday, December 09, 2024 | ||
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order
Order Referring Motion
Mon 12/09 2:25 PM
TEXT ORDER: At the direction of the court, the Defendants' motions to dismiss [DE 8 and 12] are referred to United States Magistrate Judge Kimberly A. Swank to prepare a memorandum and recommendation. Entered by Chief U.S. District Judge Richard E. Myers II on 12/9/2024. (McNally, Kimberly) |
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| Monday, December 02, 2024 | ||
| 16 | 16
6
pgs
respm
Reply to Response to Motion
Mon 12/02 1:16 PM
REPLY to Response to Motion regarding12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Raleigh. (Trachtman, James) |
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| Monday, November 18, 2024 | ||
| 15 | 15
8
pgs
respm
Response in Opposition to Motion
Mon 11/18 1:08 PM
RESPONSE in Opposition to12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Abdul Kareem Hernandez. (McNally, Kimberly) |
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| Tuesday, October 29, 2024 | ||
| 14 | 14
misc
Rule 12 Letter
Tue 10/29 12:10 PM
Rule 12 Letter Issued to City of Raleigh as to12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Copy of letter mailed to Plaintiff.) (McNally, Kimberly) |
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| Monday, October 28, 2024 | ||
| 13 | 13
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pgs
respoth
Memorandum in Support
Mon 10/28 2:05 PM
Memorandum in Support regarding12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Raleigh. (Trachtman, James) |
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Att: 1
Exhibit A--Court Case Summaries,
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Att: 2
Exhibit B--Plaintiff's Amended Motion to Suppress,
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Att: 3
Exhibit C--Plaintiff's Affidavit in Support of Amended Motion to Suppress,
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Att: 4
1 pgs
Exhibit D--Court case audio file,
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Att: 5
Exhibit E--Plaintiff's Comparative Analysis_Body Cam and Discovery Photos,
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Att: 6
Exhibit F--Plaintiff's Comparative Analysis Chart,
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Att: 7
Exhibit G--Plaintiff's Index of Evidence,
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Att: 8
Exhibit H--Order Denying Plaintiff's Amended Motion to Suppress,
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Att: 9
Exhibit I--DOI Regarding Searches and Seizures,
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Att: 10
Exhibit J--DOI Regarding Body Worn Cameras
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| 12 | 12
motion
Dismiss for Failure to State a Claim
Mon 10/28 1:57 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Raleigh. (Trachtman, James) |
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| Wednesday, October 16, 2024 | ||
| 11 | 11
1
pgs
misc
Rule 12 Letter
Wed 10/16 9:56 AM
Rule 12 Letter Issued as to8 MOTION to Dismiss. (Copy of letter mailed to Plaintiff.) (McNally, Kimberly) |
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| Tuesday, October 15, 2024 | ||
| 10 | 10
misc
Financial Disclosure Statement
Tue 10/15 11:44 AM
Financial Disclosure Statement by Lloyd's, London identifying Corporate Parent Lloyd's America Holding Inc., Corporate Parent Lloyd's America Ltd. for Lloyd's, London. (O'Brien, Kevin) |
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| 9 | 9
12
pgs
respoth
Memorandum in Support
Tue 10/15 11:40 AM
Memorandum in Support regarding8 MOTION to Dismiss Plaintiff's Amended Complaint filed by Lloyd's, London. (O'Brien, Kevin) |
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| 8 | 8
motion
Dismiss
Tue 10/15 11:39 AM
MOTION to Dismiss filed by Lloyd's, London. (O'Brien, Kevin) |
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| 7 | 7
notice
Notice of Appearance
Tue 10/15 11:35 AM
Notice of Appearance filed by Kevin Michael O'Brien on behalf of Lloyd's, London. (O'Brien, Kevin) |
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| Friday, September 27, 2024 | ||
| 6 | 6
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pgs
order
Order on Motion for Extension of Time to Answer
Fri 09/27 4:30 PM
ORDER granting 5 Motion for Extension of Time to Answer. Signed by Peter A. Moore, Jr., Clerk of Court on 9/27/2024. (Copy of order mailed to Plaintiff.) (McNally, Kimberly) |
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utility
Motion Referred to Clerk
Fri 09/27 3:14 PM
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding5 Consent MOTION for Extension of Time to File Answer regarding1 Notice of Removal. (McNally, Kimberly) |
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| Thursday, September 26, 2024 | ||
| 5 | 5
motion
Extension of Time to File Answer
Thu 09/26 9:55 AM
Consent MOTION for Extension of Time to File Answer regarding1 Notice of Removal,,, filed by City of Raleigh. (Trachtman, James) |
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Att: 1
Text of Proposed Order Granting Motion
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| Wednesday, September 25, 2024 | ||
| 4 | 4
notice
Notice-other
Wed 09/25 11:17 AM
Notice to Plaintiff regarding1 Notice of Removal. (Copy of notice, along with blank notice of self representation and financial disclosure forms mailed to Plaintiff.) (McNally, Kimberly) |
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notice
Notice to Counsel
Wed 09/25 11:06 AM
Notice to Counsel regarding:1 Notice of Removal. All counsel should file a notice of appearance pursuant to Local Civil Rule 5.2(a). (McNally, Kimberly) |
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| Friday, September 20, 2024 | ||
| 3 | 3
misc
Financial Disclosure Statement
Fri 09/20 2:48 PM
Financial Disclosure Statement by City of Raleigh (Trachtman, James) |
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| 2 | 2
notice
Notice of Appearance
Fri 09/20 2:47 PM
Notice of Appearance filed by James B. Trachtman on behalf of City of Raleigh. (Trachtman, James) |
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| 1 | 1
notice
Notice of Removal
Fri 09/20 1:28 PM
NOTICE OF REMOVAL by City of Raleigh from Wake County Superior Court, case number 24CV022245-910. ( Filing fee $ 405 receipt number ANCEDC-7780865), filed by City of Raleigh. (Gessner, Paul) |
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Att: 1
Exhibit A--Summons to City,
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Att: 2
Exhibit B--Complaint,
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Att: 3
Exhibit C--Certificate of Filing of Complaint,
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Att: 4
Exhibit D--Court case audio file,
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Att: 5
Exhibit E--Visual comparison,
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Att: 6
Exhibit F--Comparative analysis,
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Att: 7
Exhibit G--Evidence Supporting Plaintiff's Affidavit,
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Att: 8
Exhibit H--Plaintiff's Affidavit,
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Att: 9
Exhibit I--Petition to Sue as Indigent,
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Att: 10
Exhibit J--Amended Complaint,
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Att: 11
Exhibit K--Certificate of Service re Amended Complaint,
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Att: 12
Exhibit L--Notice of Filing the Notice of Removal,
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Att: 13
Exhibit M--Civil Cover Sheet,
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Att: 14
Exhibit N--Supplemental Removal Cover Sheet
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