MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 116

SUPPLEMENT re #86 MOTION for Partial Summary Judgment (Governmental Immunity) by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: #1 Exhibit 1)(GILLESPIE, REGINALD)

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MCFADYEN et al v. DUKE UNIVERSITY et al Doc. 116 IN THE 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-00953 FIRST SUPPLEMENT TO MOTION FOR PARTIAL SUMMARY JUDGMENT (GOVERNMENTAL IMMUNITY) NOW COMES Defendant the City of Durham, North Carolina (the "City"), herein by and through its attorneys, and offers for the Court's consideration in connection with the City's pending motion for partial summary judgment (doc. no. 86, filed October 22, 2008) the accompanying Exhibit 1, which consists of a certified copy of a letter from Everest National Insurance Company to the City, dated January 8, 2009. This the 22nd day of March, 2009. FAISON & GILLESPIE By: /s/ Reginald B. Gillespie, Jr. Reginald B. Gillespie, Jr. North Carolina State Bar No. 10895 5517 Chapel Hill Boulevard, Suite 2000 Post Office Box 51729 Durham, North Carolina 27717-1729 Telephone: (919) 489-9001 Fax: (919) 489-5774 E-Mail: rgillespie@faison-gillespie.com Attorneys for Defendant City of Durham, North Carolina Dockets.Justia.com CERTIFICATE OF ELECTRONIC FILING AND SERVICE The undersigned hereby certifies that, pursuant to Rule 5 of the Federal Rules of Civil Procedure and LR5.3 and LR5.4, MDNC, the foregoing pleading, motion, affidavit, notice, or other document/paper has been electronically filed with the Clerk of Court using the CM/ECF system, which system will automatically generate and send a Notice 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 (or that the party is a registered user of record), to each of whom the NEF will be transmitted. This the 22nd day of March, 2009. FAISON & GILLESPIE By: /s/ Reginald B. Gillespie, Jr. Reginald B. Gillespie, Jr. North Carolina State Bar No. 10895 8838-33\P\018 Supp -2-

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