MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 131

RESPONSE in Opposition re #130 MOTION for Leave to Amend the Pleadings filed by THE CITY OF DURHAM, NORTH CAROLINA. Replies due by 12/21/2009. (Attachments: #1 Text of Proposed Order including Alternate Versions)(GILLESPIE, REGINALD)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CIVIL ACTION NO. 1:07-CV-00953 ) ) ) ) ) ) ) ) ) ) )

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

ORDER DENYING MOTION TO AMEND

Upon consideration of Plaintiffs' Motion for Leave to Amend the Pleadings (Doc. No. 130) and papers filed in support of and in opposition to said Motion, it is hereby ORDERED that such Motion be, and it hereby is, DENIED. SO ORDERED, this ____ day of _____________________, 2009.

__________________________________ JAMES A. BEATY, JR. Chief Judge U.S. District Court for the Middle District of North Carolina

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CIVIL ACTION NO. 1:07-CV-00953 ) ) ) ) ) ) ) ) ) ) )

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

ORDER ALLOWING MOTION TO AMEND

Upon consideration of Plaintiffs' Motion for Leave to Amend the Pleadings (Doc. No. 130) and papers filed in support of and in opposition to said Motion, it is hereby ORDERED: 1. That such Motion be, and it hereby is, GRANTED. 2. That the City of Durham's request to file a further motion to dismiss, together with a supporting brief that is limited to 20 pages, is GRANTED, such motion and brief to be filed and served within ____ days after entry of this order. SO ORDERED, this ____ day of _____________________, 2009.

__________________________________ JAMES A. BEATY, JR. Chief Judge U.S. District Court for the Middle District of North Carolina