MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 104

REPLY to Response to #40 MOTION to Dismiss filed by BRIAN MEEHAN, PHD. (DICKINSON, PAUL)

MCFADYEN et al v. DUKE UNIVERSITY et al

Doc. 104

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CIVIL ACTION NO. 1:07-CV-953

RYAN MCFADYEN, et al., Plaintiffs, v. DUKE UNIVERSITY, et al., Defendants. _________________________________

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DEFENDANT BRIAN MEEHAN'S JOINDER IN REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS OF DEFENDANTS DNA SECURITY, INC. AND RICHARD CLARK COMES NOW defendant Brian Meehan ("Meehan") and hereby joins in and adopts by reference the Reply Brief in Support of Motion to Dismiss of Defendants DNA Security, Inc. and Richard Clark ("DSI's Reply Brief"). At the time of the events alleged in the Amended Complaint, Meehan was the Laboratory Director for defendant DNA Security, Inc. ("DSI"), the DNA testing laboratory retained by the State of North Carolina. See Amended Complaint ¶¶ 30, 32. Accordingly, the legal arguments set forth in DSI's Reply Brief, which refer to Meehan, DSI and Clark collectively as "the DSI Defendants," apply with equal force to Meehan. After having read and considered each legal argument raised in DSI's Reply Brief and in order to avoid burdening the Court with repetitious and duplicative legal memoranda, Meehan adopts by reference DSI's Reply Brief pursuant to Rule 10(c), Fed. R. Civ. P. See also, 5A C. Wright &

00335183.WPD

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A. Miller, Federal Practice & Procedure § 1326 (3d ed. 2007). For the reasons set forth therein, Meehan respectfully requests that the claims against him be dismissed. Respectfully submitted, this the 26th day of November, 2008. LEWIS & ROBERTS, PLLC

By: /s/ James A. Roberts, III James A. Roberts, III N.C. State Bar No. 10495 Lewis & Roberts, PLLC 3700 Glenwood Avenue, Suite 410 (27612) P. O. Box 17529 Raleigh, NC 27619 Tel: [phone] Fax: [phone] E-m: [e-mail] By: /s/ Paul R. Dickinson, Jr. Paul R. Dickinson, Jr. N.C. State Bar No. 20510 Lewis & Roberts, PLLC 5960 Fairview Road, Suite 102 Charlotte, NC 28210 Tel: [phone] Fax: [phone] E-m: [e-mail] Attorneys for Defendant Brian Meehan

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CERTIFICATE OF ELECTRONIC FILING AND SERVICE The undersigned hereby certifies that, on this the 26th day of November, 2008, pursuant to Rule 5 of the Rules of Civil Procedure and LR5.3 and LR5.4, MDNC, I electronically filed the foregoing Joinder in Reply Brief with the Clerk of Court using the CM/ECF system, which system will automatically generate and send Notification of Electronic Filing (NEF) to the undersigned filing user and registered users of record, and that the Court's electronic records show that each party to this action is represented by at least one registered user of record, to each of whom the NEF will be transmitted, except that with respect to the following parties, a copy is being transmitted via first class mail to the following non CM/ECF participants: Linwood Wilson Pro Se ** Address redacted pursuant to Local Rule LEWIS & ROBERTS, PLLC

By: /s/ James A. Roberts, III James A. Roberts, III N.C. State Bar No. 10495 Lewis & Roberts, PLLC 3700 Glenwood Avenue, Suite 410 (27612) P. O. Box 17529 Raleigh, NC 27619 Tel: [phone] Fax: [phone] E-m: [e-mail] Attorneys for Defendant Brian Meehan

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