CARRINGTON et al v. DUKE UNIVERSITY et al

Filing 101

AMENDMENT to 92 Response in Opposition to Motion As explained further in Exhibit 1, this amended brief corrects a factual assertion on page 5.; filed by KYLE DOWD, PATRICIA DOWD, DANIEL FLANNERY, RICHARD GIBBS FOGARTY, ZACHARY GREER, IRENE GREER, ERIK S. HENKELMAN, STEVEN W. HENKELMAN, JOHN E. JENNISON, BEN KOESTERER, EDWARD CARRINGTON, MARK KOESTERER, JOYCE KOESTERER, FRED KROM, PETER J. LAMADE, ADAM LANGLEY, CHRISTOPHER LOFTUS, DANIEL LOFTUS, BARBARA LOFTUS, ANTHONY MCDEVITT, GLENN NICK, CASEY J. CARROLL, NICHOLAS O'HARA, LYNNDA O'HARA, DANIEL OPPEDISANO, SAM PAYTON, JOHN BRADLEY ROSS, KENNETH SAUER, III, STEVE SCHOEFFEL, ROBERT SCHROEDER, DEVON SHERWOOD, DANIEL THEODORIDIS, MICHAEL P. CATALINO, BRET THOMPSON, CHRISTOPHER TKAC, TRACY TKAC, JOHN WALSH, JR, MICHAEL WARD, ROBERT H. WELLINGTON, IV, WILLIAM WOLCOTT, MICHAEL YOUNG, GALE CATALINO, THOMAS V. CLUTE, KEVIN COLEMAN, JOSHUA R. COVELESKI, EDWARD J. CROTTY, EDWARD S. DOUGLAS. (Attachments: # 1 Exhibit 1 -- Explanation of Amendment) (COOPER, CHARLES)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA No. 1:08-cv-119 ______________________________________ ) EDWARD CARRINGTON, et al., ) ) Plaintiffs, ) v. ) ) DUKE UNIVERSITY, et al., ) ) Defendants. ) ______________________________________ ) PLAINTIFFS' STATEMENT CORRECTING THEIR BRIEFS IN OPPOSITION TO THE MOTIONS TO DISMISS OF DEFENDANTS CITY OF DURHAM, MARK GOTTLIEB, AND BENJAMIN HIMAN It has come to our attention that a factual assertion contained in three of the opposition briefs we filed on August 28, 2008, is apparently in error. Specifically, we stated that Crystal Mangum never told Sergeant Mark Gottlieb or Officer Benjamin Himan that she had been choked during the alleged rape. See Plaintiffs' Opposition to Defendant City of Durham's Motion to Dismiss at 31; Plaintiffs' Opposition to Defendant Mark Gottlieb's Motion to Dismiss at 5; Plaintiffs' Opposition to Defendant Benjamin Himan's and Defendant Linwood Wilson's Motions to Dismiss at 4-5. That assertion is not supported by the allegations in the Complaint and appears to be contradicted by the only relevant evidence of which we are currently aware. Accordingly, we are filing amended versions of these three opposition briefs. We have made only those changes necessary to correct this apparently erroneous assertion and no other changes. We regret any inconvenience our error may have caused the Court

or other parties to this case. Dated: September 15, 2008 THOMAS, FERGUSON & MULLINS, L.L.P. /s/ William J. Thomas William J. Thomas, II (N.C. Bar # 9004) 119 East Main Street Durham, NC 27701 Tel. [phone] Email: [e-mail] Respectfully submitted, COOPER & KIRK, PLLC /s/ Charles J. Cooper Charles J. Cooper Brian S. Koukoutchos David H. Thompson Howard C. Nielson, Jr. Nicole Jo Moss (N.C. Bar # 31958) David Lehn* 1523 New Hampshire Avenue, NW Washington, DC 20036 Tel. [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] (* motion for special appearance has been filed) Attorneys for Plaintiffs

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