MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 328

REPLY, filed by Defendant LINWOOD WILSON, to Response to #324 MOTION to Dismiss Causes 5 and 18 filed by LINWOOD WILSON. (WILSON, LINWOOD)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
1:07cv953

RYAN MCFADYEN, et al.,
Plaintiffs,

Reply to Plaintiff’s Opposition to
and Motion to Stay Defendant
Wilson’s Motion to Dismiss
Causes of Action: 5 and 18 based
on 4th Circuit Court of Appeals
ruling or December 17, 2012

v.
DUKE UNIVERSITY, et al.,
Defendants,

DEFENDANT WILSON’S REPLY SUPPORTING HIS MOTION TO DISMISS
REMAINING CAUSES OF ACTION 5 AND 18 AS A RESULT OF 4TH CIRCUIT COURT
OF APPEALS RULING AND RECENT MANDATE
Defendant Wilson concedes that the Mandate stayed by the 4th Circuit Court of Appeals based on
Plaintiffs’ request for reconsideration by the Fourth Circuit en banc and any further appellate
review, Appeal: 11-1458 Doc: 79 STAY OF MANDATE UNDER FED. R. APP. P. 41(d)(1),
thereby stays Defendant Wilson’s Motion to Dismiss Doc. 324.

Respectfully submitted, this the 13th day of January 2013.

By: /s/ Linwood E. Wilson
Linwood E. Wilson

Pro Se

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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 13th day of January 2013.
By: /s/ Linwood E. Wilson
Linwood E. Wilson
Pro Se

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