MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 114

Suggestion of Subsequently Decided Authority re #86 MOTION for Partial Summary Judgment (Governmental Immunity), #96 Response in Opposition to Motion by Plaintiffs RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. (Attachments: #1 Fulford v. Jenkins Slip Opinion, #2 Policy at Issue in Fulford v. Jenkins, et al)(EKSTRAND, ROBERT)

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

RYAN McFADYEN, et al., Plaintiffs, v. DUKE UNIVERSITY, et al., Defendants.

Civil Action No. 1:07-cv-953

PLAINTIFFS' SUGGESTION OF SUBSEQUENTLY DECIDED CONTROLLING AUTHORITY

PLAINTIFFS, pursuant to L.R. 7.3(i) and as an addendum to Plaintiffs' Opposition to the City of Durham's Motion for Partial Summary Judgment (Governmental Immunity) (Document # 96), suggest to the Court the following subsequently decided controlling authority decided unanimously by a three-judge panel of the North Carolina Court of Appeals on February 17, 2009: Fulford v. Jenkins, et al., 2009 WL 364774 (N.C.App. 2009) 1 To facilitate the Court's review, Plaintiffs annex hereto the slip opinion (Ex. 1) and a copy of the municipal liability insurance policy at issue in Fulford from the Record on Appeal (Ex. 2).
Consistent with L.R. 7.3(i), Plaintiffs' suggestion of subsequently decided controlling authority is made without argument prior to the court's ruling on Defendant City of Durham's Motion for Partial Summary Judgment (Governmental Immunity) (Document #86).
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Dated: February 24, 2009

Respectfully submitted, EKSTRAND & EKSTRAND LLP /s/ Robert C. Ekstrand __________________________________ Robert C. Ekstrand (NC Bar #26673) Attn: Stefanie A. Sparks 811 Ninth Street Durham, North Carolina 27705 Email: [e-mail] Email: [e-mail] Telephone: [phone] Counsel for Plaintiffs Ryan McFadyen, Matthew Wilson, and Breck Archer

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

RYAN MCFADYEN, et al., Plaintiffs, v. DUKE UNIVERSITY, ET AL., Defendants. Civil Action No. 1:07-cv-953

CERTIFICATE OF SERVICE I hereby certify that, on Tuesday, February 24, 2009, I electronically filed the foregoing document, Plaintiffs' Suggestion of Subsequently Decided Controlling Authority, with the Clerk of the Court via the ECF system which will serve the same upon all counsel of record and Defendant Linwood Wilson, who appears in this matter pro se. Respectfully submitted, /s/ Robert C. Ekstrand Robert C. Ekstrand (NC Bar #26673) Counsel for Plaintiffs Ryan McFadyen, Matthew Wilson, and Breck Archer