MCFADYEN et al v. DUKE UNIVERSITY et al
Filing
212
MOTION for Joinder to Join Defendants' Motion To Stay by LINWOOD WILSON. Responses due by 6/13/2011 (WILSON, LINWOOD)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN McFADYEN; MATTHEW
WILSON; BRECK ARCHER
Plaintiffs,
Civil Action No.: 1:07-CV-953
v.
Duke university, et al.,
Defendants.
JOINDER OF DEFENDANT LINWOOD WILSON IN DEFENDANT CITY
OF DURHAM’S AND ALL INDIVIDUAL CITY DEFENDANTS’ MOTION
TO STAY PROCEEDINGS
Defendant Linwood Wilson hereby files this Joinder in the Motion by Defendant
the City of Durham, North Carolina and the individual City Defendants 1 (collectively, the
“City Defendants”) for a stay of all proceedings in the above-captioned action pending
the outcome of their appeals to the United States Court of Appeals for the Fourth Circuit.
In support of this Joinder, Movant states the following:
1. The City Defendants correctly demonstrate, in their Motion to Stay
Proceedings (Document No. 152) and the accompanying Brief (Document No. 153), that
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The individual City Defendants consist of Defendants Patrick Baker, Steven Chalmers, Beverly Council,
Ronald Hodge, Jeff Lamb, Lee Russ, Michael Ripberger, David Addison, Mark Gottlieb, and Benjamin
Himan.
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this action should be stayed in its entirety to promote judicial efficiency and to avoid
piecemeal litigation and the attendant undue burden to this Court and parties.
2. Further, the City Defendants have shown, in their Motion and accompanying
Brief, that there is no practical or efficient way to confine discovery proceedings to the
claims that are not subject to appeal, since those claims are closely interwoven with the
claims on appeal. It, therefore, follows that the simplest and most cost-efficient solution
for this Court and the parties to this action is a stay of the action in its entirety pending
the Fourth Circuit’s decision on the appeals. 2
For the foregoing reasons, and those stated more fully in the City Defendants’
Motion to Stay Proceedings and their supporting Brief, it is respectfully requested that
this Court stay all proceedings in the above-captioned matter until such time as the
United States Court of Appeals for the Fourth Circuit decides the outcome of the pending
appeals.
Respectfully submitted, this the 17th day of May, 2011.
/s/ Linwood E. Wilson
Pro se
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Notably, Plaintiffs in this matter have also filed a Motion for Certification of Interlocutory Appeal and
accompanying Brief (Document Nos. 155 and 156) with respect to the portion of this Court’s March 31,
2011 Memorandum Opinion and Order (Document Nos. 133 and 134) holding that the City of Durham
cannot be liable under 42 U.S.C. § 1983 based on its delegation of authority over the Durham Police
investigation to Defendant Nifong. This adds to the overall number of potential claims on appeal, and,
given the intertwined nature of the claims, is another reason for this Court to stay all proceedings in this
action pending the outcome of the appeals.
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CERTIFICATE OF SERVICE
I hereby certify that, on this date, the foregoing Joinder of Defendant Linwood
Wilson in Defendant City Of Durham’s and All Individual City Defendants’ Motion
to Stay Proceedings was filed electronically. Notice of this filing will be sent by
operation of the Court’s Electronic Filing System to all parties indicated on the electronic
filing receipt. Parties may access this filing through the Court’s system.
WILLIAM P.H. CARY
wcary@brookspierce.com
JAMES DONALD COWAN, JR.
Don.cowan@elliswinters.com
JOEL MILLER CRAIG
jcraig@kennoncraver.com
KEARNS DAVIS
kdavis@brookspierce.com
PAUL R. DICKINSON, JR.
pauldickinson@lewis-roberts.com
ROBERT C. EKSTRAND
rce@ninthstreetlaw.com
REGINALD B. GILLESPIE, JR.
rgillespie@faison-gillespie.com
JAMIE S. GORELICK
Jamie.gorelick@wilmerhale.com
PATRICIA P. KERNER
Tricia.kerner@troutmansanders.com
WILLIAM F. LEE
William.lee@wilmerhale.com
JAMES B. MAXWELL
jmaxwell@mfbpa.com
DAN JOHNSON MCLAMB
dmclamb@ymwlaw.com
JENNIFER M. O’CONNER
Jennifer.oconnor@wilmerhale.com
CLINTON R. PINYAN
cpinyan@brookspierce.com
SHIRLEY MARING PRUITT
spruitt@ymwlaw.com
CHARNANDA T. REID
creid@brookspierce.com
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JAMES AVERY ROBERTS, III
jimroberts@lewis-roberts.com
HENRY W. SAPPENFIELD
hsappenfield@kennoncraver.com
HANNAH GRAY STYRON
Hannah.styron@troutmansanders.com
D. MARTIN WARF
Martin.warf@troutmansanders.com
DIXIE WELLS Dixie.
wells@elliswinters.com
LINWOOD WILSON
linwoodW@aol.com
PAUL R.Q. WOLFSON
Paul.Wolfson@wilmerhale.com
THOMAS CARLTON YOUNGER, III cyounger@ymwlaw.com
DAVID W. LONG
dwlong@poynerspruill.com
ERIC P. STEVENS
estevens@poyners.com
This the 18th day of May, 2011.
/s/ Linwood E. Wilson
Linwood E. Wilson
Pro Se
linwoodw@aol.com
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