MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 332

NOTICE by DUKE UNIVERSITY re #316 MOTION to Compel (FALCONE, JEREMY)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN McFADYEN, et al.,
Plaintiffs,
v.
DUKE UNIVERSITY, et al.,
Defendants.

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No. 1:07–CV–00953

NOTICE
1.

On 12 November 2012, Duke moved to compel the re-opening of the

deposition of Breck Archer. [DE 316 (the “Motion”)]. As an alternative, Duke
respectfully requested that the Court compel Mr. Archer to produce the affidavit his
counsel agreed to provide in June 2012, after the parties conferred about the dispute.
[Id.]. Duke also sought its costs in bringing the Motion. [Id.].
2.

On 6 December 2012, Mr. Archer filed a brief in opposition to the Motion.

[DE 320]. Mr. Archer argued that there was “no factual basis to reopen the deposition.”
[Id., at 4].
3.

On 19 December 2012, Duke filed a reply brief addressing the arguments

raised by Mr. Archer. [DE 325].
4.

On 3 January 2013, the Motion was referred to United States Magistrate

Judge Peake.
5.

On 23 January 2013, counsel for Mr. Archer provided the affidavit, signed

by him on the same date.

This the 23rd day of January, 2013.

ELLIS & WINTERS LLP
/s/Jeremy M. Falcone
Paul K Sun, Jr.
N.C. State Bar No. 16847
Email: [e-mail]
Thomas H. Segars
N.C. State Bar No. 29433
Email: [e-mail]
Jeremy M. Falcone
N.C. State Bar No. 36182
Email: [e-mail]
1100 Crescent Green, Suite 200
Cary, North Carolina 27518
Telephone: [phone]
Facsimile: [phone]
Dixie T. Wells
N.C. State Bar No. 26816
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
Counsel for Duke University, Robert Dean,
Matthew Drummond, Aaron Graves, and Gary
Smith

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CERTIFICATE OF SERVICE
I hereby certify that on January 23, 2013, I electronically filed the foregoing with
the Clerk of the Court using the CM/ECF system, which will send notification of such
filing to all counsel of record and to Mr. Linwood Wilson, who is also registered to use
the CM/ECF system.
This the 23rd day of January, 2013.

/s/ Jeremy M. Falcone